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10/14/2019Monday, October 14, 2019 9:00 AM City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 Main Library - Council Chambers Council Work Session Work Session Agenda October 14, 2019Council Work Session Work Session Agenda 1. Call to Order 2. Presentations October Service Awards2.1 Police Oaths2.2 3. City Manager Support the Florida Gulf Coast Hope Spot and adopt Resolution 19-28.3.1 4. Economic Development and Housing Declare surplus, for the purpose of donation for development of affordable housing, real property located at 1304 North Madison Avenue together with vacated right-of-way per city Ordinance 9327-19; approve the Real Property Donation Agreement between the City and Habitat for Humanity of Pinellas County, Inc. and allow the appropriate officials to execute same, together with all other instruments required to affect closing. (APH) 4.1 Approve a local government contribution of $747,000 in General Fund Reserves to be set aside as a commitment for the Minimum Local Government Areas of Opportunity Funding that is required for Blue Sky Communities to receive a basis boost in the State of Florida’s Low Income Housing Tax Credit Program (LIHTC) for an 81-unit affordable housing development project at 610 Franklin Street; approve Section 15.18 and 15.21 of the Development Agreement between the Community Redevelopment Agency of the City of Clearwater and Blue Sky Communities, LLC (Blue Sky) and authorize the appropriate officials to execute same. (consent) 4.2 5. Finance Approve a draw request in the amount of $2,648,244.15 from the SunTrust Master Lease/Purchase Agreement 10481 line of credit to reimburse expenditures for equipment as listed in Exhibit A, authorize the City’s Finance Director to approve future draw requests on the credit line and authorize the appropriate officials to execute same. (consent) 5.1 Authorize the piggyback of State of Florida Contract No. 84121500-15-01, Purchasing Card Program, with Bank of America, for the term of October 2019 through December 2020, pursuant to Clearwater Code of Ordinances Section 2.564 (1)(d) Other Government Entities Bids, and authorize the appropriate officials to execute same. (consent) 5.2 Page 2 City of Clearwater Printed on 10/14/2019 October 14, 2019Council Work Session Work Session Agenda 6. Gas System Accept a Natural Gas Easement over, under, across and through a portion of property conveyed by Marina Del Rey Un B Assn, whose principal address is 1571 Gulf Boulevard, Clearwater, given in consideration of receipt of $1.00 and the benefits to be derived therefrom. (consent) 6.1 7. Police Department Approve an agreement between the City of Clearwater (City) and Redflex Traffic Systems, Inc. (Redflex), for a Traffic Camera Safety Improvement Program, through October 30, 2024, in accordance with Clearwater Code of Ordinances Section 2.564(1)(d) Other Government Entities Bids and authorize the appropriate officials to execute same. (consent) 7.1 Renew Grant and Financial Assistance Agreement between the Florida Department of Law Enforcement and the City of Clearwater, to facilitate a current mutual aid agreement between the two entities, effective upon execution through June 30, 2020, and authorize the appropriate officials to execute same. (consent) 7.2 8. Engineering Accept an Underground Communications Easement containing two easement areas (a 34-foot easement and a 50-foot easement), from Duke Energy Florida, LLC for the construction, installation and maintenance of underground communications facilities on real property located in Duke Energy Right-of-Way, West of Spectrum Field and adopt Resolution 19-31. 8.1 Approve the First Amendment (Amendment) to that certain Contract for Sale of Real Property by the City of Clearwater, Florida between the City of Clearwater (City) and Equity Lifestyle Properties, Inc. (ELS) and authorize the appropriate officials to execute same. (consent) 8.2 9. Planning Authorize the recording of a lien for a total cost of $27,444.24 on the property located at 401 N. Garden Avenue, Clearwater, Florida, which has a legal description of the West ½ of Lot 11, Block 2, Hart’s addition to Clearwater, according to the map or plat thereof as recorded in Plat Book 1, Page 94, of the Public Records of Hillsborough County, Florida of which Pinellas County was formerly a part and whose owner is JPAC, LLC and adopt Resolution 19-07. 9.1 Page 3 City of Clearwater Printed on 10/14/2019 October 14, 2019Council Work Session Work Session Agenda Deny amendments to the Clearwater Community Development Code to expand the geographical area within the Regional Center Subdistrict of the US 19 District where self-storage warehouses are currently allowed on a limited number of parcels, to allow the use on certain parcels 1.1 to 1.2 acres in area with frontage on Seville Boulevard, and do not pass Ordinance 9308-19 on first reading. (TA2019-06002) 9.2 Approve the annexation, initial Future Land Use Map designation of Industrial Limited (IL) and initial Zoning Atlas designation of Industrial, Research and Technology (IRT) District for 2108 Palmetto Street, and pass Ordinances 9309-19, 9310-19 and 9311-19 on first reading. (ANX2019-07014) 9.3 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 1421 West Virginia Lane and pass Ordinances 9312-19, 9313-19, and 9314-19 on first reading. (ANX2019-07015) 9.4 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 1861 East Drive and pass Ordinances 9318-19, 9319-19 and 9320-19 on first reading. (ANX2019-07017) 9.5 10. Information Technology Authorize the piggyback of City of St. Petersburg Contract for Security Cameras, Installation, Maintenance, and Repairs, to GSA Security, Inc. of Tampa, FL; in the amount of $400,000 for the 3-year term expiring on June 24, 2022, pursuant to Clearwater Code of Ordinances Section 2.564(1)(d) Exceptions to Bid - Other Government Entities’ Bids and authorize the appropriate officials to execute same. (consent) 10.1 Authorize piggyback of Florida State Contract DMS-10/11-008C, for basic cellular/smart phones and mobile data services, with Verizon Wireless, in an amount not to exceed $690,000 for the period October 1, 2019 through September 30, 2020, pursuant to Clearwater Code of Ordinances Section 2.564 (1)(d) Other Government Entities Bids; and authorize the appropriate officials to execute same. (consent) 10.2 Authorize piggyback of Florida State Contract DMS-08/09-071, for SunCom long distance service, State AIN Centranet lines, and toll-free lines, in an amount not to exceed $134,200 for the period October 1, 2019 through September 30, 2020, pursuant to Clearwater Code of Ordinances Section 2.564 (1)(d) Other Government Entities Bids and authorize the appropriate officials to execute same. (consent) 10.3 Page 4 City of Clearwater Printed on 10/14/2019 October 14, 2019Council Work Session Work Session Agenda 11. Marine & Aviation Approve Docking Agreement between the City of Clearwater and The Sandpearl Resort, LLC for the shared docking facility located adjacent to the Beach Recreation Center and authorize the appropriate officials to execute same. (consent) 11.1 Ratify and confirm Submerged Land Lease (SLL) between the State of Florida and the City of Clearwater for the shared docking facility adjacent to the Beach Recreation Center and authorize the appropriate officials to execute same. 11.2 12. Solid Waste Authorize establishment of new capital improvement project, C-2005-NORD Underground Refuse Program and project purchases for a total budget amount of $1,570,090, which includes Construction Management at Risk Services from Biltmore Construction Co. Inc. in the amount of $650,500, a truck chassis from Kenworth of Central Florida in the amount of $235,214, and NORD Underground Refuse Systems in the amount of $470,139, all in accordance with Clearwater Code of Ordinances Section 2.564(1)(d) Other Government Entities Bids and authorize the appropriate officials to execute same. (consent) 12.1 Approve the purchase of HVAC replacement and repair parts, for an annual not to exceed amount of $350,000 for Fiscal Year 19/20, to vendors as listed, in accordance with Clearwater Code of Ordinances Section 2.564(1)(d) Other Government Entities Bids, to include other sourced vendors as required, and authorize the appropriate officials to execute same. (consent) 12.2 Authorize the award of Invitation to Bid Number 47-19, Police Vehicle Upfitting Services, to Enforcement One, Inc. of Oldsmar, FL, in the annual not-to-exceed amount of $300,000.00, to include two one-year renewal terms at the City's option and authorize the appropriate officials to execute same. (consent) 12.3 13. Legal Pass Ordinance 9298-19 on second reading, annexing certain real property whose post office address is 1819 Audubon Street, Clearwater, Florida 33764, together with a certain portion of Audubon Street right-of-way, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. 13.1 14. City Manager Verbal Reports Page 5 City of Clearwater Printed on 10/14/2019 October 14, 2019Council Work Session Work Session Agenda 15. City Attorney Verbal Reports 16. Council Discussion Item North Greenwood “Community Fun Night” - Vice Mayor Cundiff16.1 17. New Business (items not on the agenda may be brought up asking they be scheduled for subsequent meetings or work sessions in accordance with Rule 1, Paragraph 2). 18. Closing Comments by Mayor 19. Adjourn 20. Presentation(s) for Council Meeting October Service Awards20.1 Red Ribbon Week Proclamation - Michele Edwards, Clearwater Neighborhood Family Center 20.2 Domestic Violence Awareness Month Proclamation - Kirk Ray Smith, President and CEO of RCS and Melinda Perry, COO of RCS. 20.3 Manufacturing Month Proclamation - Bay Area Manufacturers Association20.4 Florida City Government Week Proclamation - Rosemarie Call, City Clerk20.5 Page 6 City of Clearwater Printed on 10/14/2019 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#19-6812 Agenda Date: 10/14/2019 Status: FiledVersion: 1 File Type: PresentationIn Control: Council Work Session Agenda Number: 2.1 SUBJECT/RECOMMENDATION: October Service Awards SUMMARY: 5 Years Of Service: Jose Medina Police Ian Campbell Solid Waste Sarah Fletcher Library Shirlene Spata Police Charlotte Neuberger Marine & Aviation Jarrid Daniels Solid Waste Damian Coppa Solid Waste Logan Johnson Solid Waste Steven Ademovski Customer Service Roderick Wilson Police Fredrick Lise Police Richard Rodrigues Police Ashley Hinkebein Police Winter Aduddell Police Joseph May Police Tyler Rydlewski Police Austin Pullaro Police 10 Years of Service; Casey Matz Fire Sharon Huskey Library Hieu Tran Fire Alan Ryan Fire David Sowers Fire Steven Peters Fire Dominick Briganti Fire Jarett Hood Fire Douglas Kellin Fire Carlos Lang Public Utilities Aaron Campbell Fire Page 1 City of Clearwater Printed on 10/14/2019 File Number: ID#19-6812 Christopher Johnson Fire Christian Miller Fire Romulo Cantor Solid Waste 15 Years of Service: Michael Williams Police Todd Turpack Police Barry Balmer Police Ian Cameron Police Daniel O’Brien Police George Phillips Police 20 Years of Service: Andrew Hawkins Fire Scott Kurleman Planning & Development Steven Smith Fire Gerard DeVivo Fire Matthew Daerr Fire Julie Wykoff Library Louis Pirman Gas Mark Wallace Parks & Recreation 25 Years of Service: Pamela Akin Legal Lynn Hastings Human Resources Kent Walker Library Stephen Reid Engineering 30 Years of Service: Sabrina Chute Information Technology Page 2 City of Clearwater Printed on 10/14/2019 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#19-6937 Agenda Date: 10/14/2019 Status: FiledVersion: 1 File Type: PresentationIn Control: Council Work Session Agenda Number: 2.2 SUBJECT/RECOMMENDATION: Police Oaths SUMMARY: Carissa Costello Ryan Kenna Nicholas Milillo Roxanna Gariby-Padilla SaMarre Perez APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 10/14/2019 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 19-28 Agenda Date: 10/16/2019 Status: Reported to CouncilVersion: 1 File Type: ResolutionIn Control: City Manager's Office Agenda Number: 3.1 SUBJECT/RECOMMENDATION: Support the Florida Gulf Coast Hope Spot and adopt Resolution 19-28. SUMMARY: Hope Spots are recognized areas critical to ocean health and human communities. These areas provide at least one of the following functions: ·A special abundance or diversity of species, unusual or representative species, habitats or ecosystems ·Particular populations of rare, threatened or endemic species ·A site with potential to reverse damage from negative human impacts ·The presence of natural processes such as major migration corridors or spawning grounds ·Significant historical, cultural or spiritual values ·Particular economic importance to the community Hope Spots are not a legal designation or regulatory entity and do not bring any rules or restrictions to their location. There is no cost associated with an area becoming a Hope Spot. Instead, they are recognized as special locations by world-renowned biologist Dr. Sylvia Earle’s organization, Mission Blue, and advocated as sites worthy of scientific research and preservation. Mission Blue announces and promotes its Hope Spots to an extensive network of marine scientists, who may conduct studies or hold conferences in the surrounding areas. To its Hope Spots, Mission Blue facilitates funding support, collaboration between potential partners, and assists in increasing local, international, and governmental recognition. Furthermore, a Hope Spot designation promotes an area as an eco-tourism destination. The Hope Spot along Florida’s Gulf Coast will encourage an influx of visitors, be they scientists or tourists, to visit the region. This will assist the city of Clearwater’s strategic direction by increasing the economic opportunity of our area. The Hope Spot will also support the values laid out by the city’s Comprehensive Plan, which prescribes the “preservation of all living and nonliving coastal zone resources” and the “avoidance of loss of coastal zone resources.” On May 16, 2019, the City of Dunedin passed a resolution supporting Florida Gulf Coast Hope Spot. The Tampa Bay Estuary Program and Pinellas County Board of Commissioners Chair Page 1 City of Clearwater Printed on 10/14/2019 File Number: 19-28 have each issued statements in support of the Hope Spot being established in the coastal waters from Apalachicola to Ten Thousand Islands Wildlife Refuge. In recognition of its benefits and alignment with city values, it is recommended that the City of Clearwater City Council issue a resolution in support of the Florida Gulf Coast Hope Spot. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 10/14/2019 Resolution No. 19-28 RESOLUTION 19-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLEARWATER SUPPORTING THE HOPE SPOT WHICH IS COMPRISED OF THE COASTAL WATERS FROM APALACHICOLA TO TEN THOUSAND ISLANDS WILDLIFE REFUGE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater seeks a healthy, sustainable future for its residents, businesses and visitors with less pollution and more economic and employment opportunities; and WHEREAS, the City of Clearwater has identified in its Comprehensive Plan the need for the “preservation of all living and nonliving coastal zone resources, avoidance of loss of coastal zone resources, ecological planning principles for permitting development, and the protection of human life against the effects of natural disasters”; and WHEREAS, Hope Spots are special places that are critical to the health of the oceans; and WHEREAS, Hope Spots are about recognizing, empowering and supporting individuals and communities around the world in their efforts to protect the oceans; and WHEREAS, Hope Spots allow for planning for the future and they look beyond current marine protected areas; and WHEREAS, the area of the Hope Spot is comprised of the coastal waters from Apalachicola to Ten Thousand Islands Wildlife Refuge; and WHEREAS, the Hope Spot goal is to focus on activities promoting and supporting education, research, information sharing and sustainable use of our coastal waters; and WHEREAS, such activities may include educational events through outreach and school events, information sharing events amongst research organizations and other stakeholders, data gathering and sharing to support research activities, restoration and clean-up activities of our natural coastal areas, promotion of sustainable commercial and recreational fishing, clean water and clean energy initiatives within the City of Clearwater, and engagement with stakeholders to identify other types of activities or initiatives that support the Hope Spot goal. Resolution No. 19-28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1.The City Council of the city of Clearwater hereby supports the Hope Spot which is comprised of the coastal waters from Apalachicola to Ten Thousand Islands Wildlife Refuge. Section 2.That the City of Clearwater supports the Hope Spot Goal of focusing on activities, promoting and supporting education, research, information sharing and sustainable use of our coastal waters. Section 3.That this Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED this _______ day of _____________, 2019. CITY OF CLEARWATER, FLORIDA By: __________________________ George N. Cretekos Mayor Approved as to form: Attest: ___________________________ ________________________________ Pamela K. Akin Rosemarie Call City Attorney City Clerk Florida Gulf Coast Hope Spot Hope Spots were introduced in 2009 by Dr. Sylvia Earle as special places critical to the health of the ocean; they may have: Unique ecological features A diversity of or rare/threatened species Spawning or nursery areas Historical, cultural or spiritual values Economic importance to the community Hope Spots are nominated by individuals, groups, or communities and approved by the Mission Blue Council What is a Hope Spot? Important areas of the oceans identified by individuals and communities What are Hope Spots NOT? Hope Spots are not a legal designation Hope Spots are not a regulatory entity A Hope Spot does not have rules or restrictions What IS a Hope Spot? Hope Spots bring awareness to adverse impacts of unsustainable use Hope Spots promote sustainable use of our precious waters The Hope Spot is a means to: Educate and share information Support research Enable informed choices to ensure long-term health of the waters Hope Spots Around the World A global movement to bring focus to special areas of the oceans Extends from Apalachicola Bay to Ten Thousand Island Nominated by Blue-Green Connections, Inc. along with a diverse coalition of supporters including: Supporters include City of Dunedin, Pinellas County Commissioners, Tampa Bay Estuary Program, Florida Aquarium, Mote Marine Laboratory and Aquarium, and many others What is Happening Locally? The Florida Gulf Coast was designated a Hope Spot in August 2019! Florida Gulf Coast Hope Spot Boundary Florida Gulf Coast Hope Spot aligns with city of Clearwater goals •Environmental preservation: o The city’s Comprehensive Plan calls for the “preservation of all living and nonliving coastal zone resources” o The Hope Spot will encourage preservation through: •public outreach and school events •restoration and clean-up activities of coastal areas •encouraging data gathering and sharing to support research •enabling information sharing events amongst research organizations and other stakeholders •promoting sustainable initiatives such as sustainable commercial and recreational fishing, improving water quality and increasing clean energy Florida Gulf Coast Hope Spot aligns with city of Clearwater goals •Economic prosperity: o The city’s strategic mission instructs it to “facilitate development of the economy” and “support a high quality of life and experience” o The Hope Spot will support the strategic mission by: o attracting marine scientists to the region to conduct research and hold conventions o supporting Clearwater Beach as an eco-tourist destination o increasing environmental awareness among the region’s residents Florida Gulf Coast Hope Spot Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#19-6928 Agenda Date: 10/14/2019 Status: Reported to CouncilVersion: 1 File Type: Action ItemIn Control: Economic Development & Housing Agenda Number: 4.1 SUBJECT/RECOMMENDATION: Declare surplus, for the purpose of donation for development of affordable housing, real property located at 1304 North Madison Avenue together with vacated right-of-way per city Ordinance 9327-19; approve the Real Property Donation Agreement between the City and Habitat for Humanity of Pinellas County, Inc. and allow the appropriate officials to execute same, together with all other instruments required to affect closing. (APH) SUMMARY: Property located at 1304 N. Madison Avenue (Parent Parcel) is currently vacant, and it is identified by Resolution 19-10 as a city-owned property appropriate for use as affordable housing (Pinellas County Property I.D. 10-29-15-26892-007-0110). Property formerly identified as city right-of-way, vacated by city Ordinance 9327-19 (Additional Parcel), will be combined with the Parent Parcel under the Donation Agreement. The City acquired the Parent Parcel earlier this year through foreclosure of code enforcement liens. The Additional Parcel was acquired in 1946. The City will retain a utilities easement over the Additional Parcel. The combined parcels (Property) are located within the North Greenwood Neighborhood Revitalization Strategy Area which is identified in the city’s Consolidated Plan. The Property is suitable for construction of a single-family home. Habitat for Humanity of Pinellas County is planning to construct a seven-bedroom home on the Property. The Property is described as follows: LOT 11 AND LOT 12 LESS THE SOUTH 20.00' FEET, BLOCK G, FAIRMONT SUBDIVISION, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 9, PAGE 85, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. A staff appraisal valued the property at $42,700 on September 30, 2019. According to Section 2.01(d)(5)(i) of the Clearwater City Charter, the City Council may approve the donation or sale for less than fair market value of city-owned property of not more than one-half acre in size for workforce or affordable housing following a public hearing. The property is approximately 0.244 acres (10,635 square feet). APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 10/14/2019 10-29-15-26892-007-0110 TANGERINE ST N MADISON AVE RUSSELL ST 11291314 11511130113211351128113311391131113111431312 1137113313081129AERIAL MAP 132' Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com Surplus Declaration and Donation Agreementwith Habitat for Humanity Page 1 of 1Aerial Flown 2019 Document Path: C:\Users\Kieffer.Nyland\City of Clearwater\Engineering Geographic Technology - Location Maps\Tangerine_St-Partial_ROW.mxd Date:9/30/2019KNMap Gen By:RBReviewed By:10'269AGrid #:10-29s-15eS-T-R: 132'10'² N.T.S Vacated Right of Way (Ord. No. 9327-19)1304 N. Madison Ave.10-29-15-26892-007-0110 - Real Property Donation Agreement between the City ofClearwater and Habitat for Humanity of Pinellas County, Inc. – 1304 N Madison Ave. REAL PROPERTY DONATION AGREEMENT This REAL PROPERTY DONATION AGREEMENT (“Agreement”) is made on this ____ day of ___________, 2019, between the City of Clearwater (the “City”), a Florida municipal corporation whose address is 600 Cleveland Street, Suite 600, Clearwater, FL 33755; and Habitat for Humanity of Pinellas County, Inc. (“Habitat”), a Florida not for profit corporation whose address is 13355 49 th Street North, Clearwater, FL 33762. RECITALS: WHEREAS, the City is the owner of a parcel of real property, commonly known as 1304 North Madison Avenue, Clearwater, FL 33755 (“Parcel A”); and WHEREAS, the City is the owner of a parcel of real property, formerly used as right-of-way vacated per city Ordinance 9327-19 (“Parcel B”); and WHEREAS, Parcel A and Parcel B are to be combined to form a single developable tract of land, more particularly described herein (“Property”); and WHEREAS, Habitat is a not for profit corporation within the State of Florida established for the purpose of constructing homes for families in need of affordable housing; and WHEREAS, Habitat wishes to acquire the Property for the construction of a single-family home for a qualified family, andthe City desires to donate the Property as provided for under Section 2.01(d)(5)(i) of the Clearwater City Charter, subject to certain conditions; and WHEREAS, the parties desire to memorialize their Agreement. NOW THEREFORE, in consideration of the mutual covenants herein contained, and the mutual benefits to be derived hereunder, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. The recitals set forth above are true and correct and are incorporated herein by reference. 2. This Agreement describes the respective responsibilities of each party in providing for the donation of the Property for the purpose of constructing a Habitat home to be used for affordable housing. 3. The Property is legally described as follows: LOT 11 AND LOT 12 LESS THE SOUTH 20.00' FEET, BLOCK G, FAIRMONT SUBDIVISION, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 9, PAGE 85, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. 4. The parties agree the value of the Property is Forty-Two Thousand Seven Hundred and 00/100 Dollars ($42,700.00) and that no monetary consideration is being received by the City in connection with said donation. Real Property Donation Agreement between the City ofClearwater and Habitat for Humanity of Pinellas County, Inc. – 1304 N Madison Ave. 5. The City agrees to donate, convey and transfer to Habitat, all of the City’s right, title and interest in and to the Property subject to the terms, conditions and provisions hereof. The donation of the Property contemplated by this Agreement shall be conveyed by Special Warranty Deed. The Special Warranty Deed shall contain a reverter clause providing that in the event Habitat has not commenced and/or completed construction of the improvements within the timeframe(s) specified in paragraph nine (9) below, Habitat shall forthwith, upon the request of the City, reconvey the Property to the City via Special Warranty Deed. The City makes no warranties as to the marketability of title and donates the Property in “as-is, where-is, with all faults” condition. 6. Habitat shall have, at its own expense, the right to conduct inspections and determine feasibility of accepting the donation of the Property. For purposes of physical inspection of the Property, the City grants Habitat, its agents and professionals engaged by such parties, the right to enter upon the Property. Habitat shall not perform any inspections or tests requiring invasive methods without prior written consent of the City. 7. Habitat will pay all closing costs associated with the transfer of Property, including but not limited to; settlement fees, title insurance, appraisal fees, taxes, and recording fees. 8. Habitat shall have, at its own expense, the right to purchase title insurance. Any matters set forth in the title commitment, including any defects, or liens and encumbrances, shall be the responsibility of Habitat to cure, or accept as exceptions to the title policy. 9. Upon the closing of this transaction, the City shall retain a utility easement over Parcel B legally described as follows: The North 10’ of the South 30’ of Lot 12, Block G, Fairmont Subdivision, as recorded in Plat Book 9, Page 85 of the Public Records of Pinellas County, Florida. 10. The Property must be used by Habitat for the sole purpose of constructing a single-family home to be sold to a household whose total household income does not exceed eighty percent (80%) of Area Median Income, adjusted for household size, as published by the United States Department of Housing and Urban Development for Pinellas County. Habitat agrees to commence construction of certain improvements on the Property within twelve (12) months of the date of this Agreement. Habitat further agrees to complete construction of such improvements within eighteen (18) months of the date of this Agreement. The City retains the unilateral discretion to extend the above timeframes as it determines appropriate. 11. Whenever this Agreement requires or permits any consent, notice, request, or demand from one party to the other (collectively “Notice”), such Notice must be in writing and shall be delivered either by hand or by certified mail. Notice shall be effective as of the date of actual delivery or, if delivery is refused by the receiving party, the date on which such delivery was attempted. Each party’s initial address for delivery of any Notice is designated below, but any party from time to time may designate a different address for delivery of any Notice by delivering to the other party Notice of such different address: If to City: City of Clearwater Attn: City Manager One Clearwater Tower Real Property Donation Agreement between the City ofClearwater and Habitat for Humanity of Pinellas County, Inc. – 1304 N Madison Ave. 600 Cleveland Street, Suite 600 Clearwater, FL 33755 If to Habitat: Habitat for Humanity of Pinellas County, Inc. c/o Michael Sutton, CEO 13355 49th Street N. Clearwater, FL 33762 12. This Agreement may not be assigned by Habitat without the express written consent of the City, which consent shall be in the City’s sole discretion. 13. This Agreement, together with any exhibit(s) attached hereto, constitutes the entire Agreement between the parties and no representation, warranty, promise or inducement not expressly included in the Agreement shall be binding upon any party hereto, their legal representative, successors and assigns. 14. The “Effective Date” of this Agreement shall be the date on which both parties have executed this Agreement. The Remainder of This Page Intentionally Left Blank Real Property Donation Agreement between the City ofClearwater and Habitat for Humanity of Pinellas County, Inc. – 1304 N Madison Ave. IN WITNESS WHEREOF, the parties have duly executed this agreement the day and year first above written. THE CITY OF CLEARWATER, FLORIDA By: ______________________________ George N. Cretekos, Mayor Approved as to form:Attest: _______________________________________________________________ Laura Mahony Rosemarie Call Assistant City Attorney City Clerk HABITAT FOR HUMANITY OF PINELLAS COUNTY, INC. Attest: ______________________________By: _____________________________ Michael Sutton, CEO ______________________________ Print Name ______________________________ ______________________________ Print Name Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#19-6932 Agenda Date: 10/14/2019 Status: Reported to CouncilVersion: 1 File Type: Action ItemIn Control: Economic Development & Housing Agenda Number: 4.2 SUBJECT/RECOMMENDATION: Approve a local government contribution of $747,000 in General Fund Reserves to be set aside as a commitment for the Minimum Local Government Areas of Opportunity Funding that is required for Blue Sky Communities to receive a basis boost in the State of Florida’s Low Income Housing Tax Credit Program (LIHTC) for an 81-unit affordable housing development project at 610 Franklin Street; approve Section 15.18 and 15.21 of the Development Agreement between the Community Redevelopment Agency of the City of Clearwater and Blue Sky Communities, LLC (Blue Sky) and authorize the appropriate officials to execute same. (consent) SUMMARY: On August 15, 2019, the City’s Community Redevelopment Agency released Request for Proposals 50-19 (RFP) for an affordable housing development at 610 Franklin Street, the former location of Fire Station 45. The RFP called for a Low-Income Housing Tax Credit Project under the Florida Housing Finance Corporation’s (FHFC) Request for Applications 2019-114 (RFA114). The City received three proposals on September 16, 2019. Proposals were submitted by Southport Development, American Resident Communities and Blue Sky Communities. A review committee comprised of staff from the Community Redevelopment Agency, the Economic Development and Housing Department and the Planning and Development Department reviewed the submittals and selected the proposal from Blue Sky Communities. Once Blue Sky Communities gains site control of the property, they will submit an application to the FHFC under RFA114. FHFC issues several Requests for Applications throughout the year. In 2019, RFA114 provides for the strongest subsidy among FHFC application cycles and therefore, is the most competitive LIHTC application cycle of the year. The local government contribution of $747,000 is necessary for Blue Sky to attain maximum scoring criteria among applicants. If more than one firm submits an acceptable application in Pinellas County with local government support of $747,000, then FHFC’s selection becomes akin to a lottery pick. Applications for RFA114 are due on November 7, 2019 and FHFC’s selection is expected in March 2020. Approval of Sections 15.18 and 15.21 of the Development Agreement between the CRA and Blue Sky commits the city to a contribution of $747,000 noted above. As background, the Low-Income Housing Tax Credit Program is governed by the U.S. Department of Treasury under Section 252 of the Tax Reform Act of 1986 and Section 42 of the Internal Revenue Code, as amended. The program was established to provide for-profit and non-profit organizations with a dollar-for-dollar reduction in federal tax liability in exchange for Page 1 City of Clearwater Printed on 10/14/2019 File Number: ID#19-6932 the acquisition and substantial rehabilitation or new construction of low- and very low-income rental housing units. The contribution from the City will be in the form of an interest-bearing loan. While staff is recommending setting aside General fund reserves for this purpose, the loan will be funded with HOME Investment Partnership funds from the United States Department of Housing and Urban Development and the remaining funds will be contributed from the CRA. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: Funding for this contract will be provided by a commitment of General Fund reserves in the amount of $747,000. Inclusive of this item if approved, a net total of $822,000 of General Fund reserves has been appropriated by Council to fund expenditures during fiscal year 2019/2020. The remaining unappropriated balance of General Fund reserves, after the 8.5% reserve, is approximately $17.5 million, or 11.5% of the current General Fund operating budget. Page 2 City of Clearwater Printed on 10/14/2019 22 26 700705525614700634524614319 101 613123 204 626528640518644701PARK ST S EAST AVEPIERCE ST FRANKLIN ST S GARDEN AVE S GARDEN AVE 20 24 28 703610316 612207 300 312 530308 516600AERIAL MAP 610 Franklin St.Parcel Number: 15-29-15-54450-007-0010 Document Path: C:\Users\Wioletta.Dabrowski\City of Clearwater\Engineering Geographic Technology - Location Maps\610 Franklin St.mxd Lot Size:+/- 1.09 ac. ² N.T.S.Scale: Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com Page 1 of 1Aerial Flown 2019 Date:9/5/2019WDMap Gen By:286BGrid #:RBReviewed By:16-29s-15eS-T-R: Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#19-6916 Agenda Date: 10/14/2019 Status: Reported to CouncilVersion: 1 File Type: Action ItemIn Control: Finance Agenda Number: 5.1 SUBJECT/RECOMMENDATION: Approve a draw request in the amount of $2,648,244.15 from the SunTrust Master Lease/Purchase Agreement 10481 line of credit to reimburse expenditures for equipment as listed in Exhibit A, authorize the City’s Finance Director to approve future draw requests on the credit line and authorize the appropriate officials to execute same. (consent) SUMMARY: This agenda item is requesting Council approval to proceed with a $2,648,244.15 draw request on the credit line established by Master Lease/Purchase Agreement #10481 with SunTrust Equipment Finance & Leasing Corp to finance various major equipment purchases per the attached schedule. Master Lease/Purchase Agreement #10481 was approved by Council on February 21, 2019. All equipment purchases were previously approved by the Council. The interest rates applicable to this draw will be 2.06% for the portion with a 5-year amortization schedule and 2.06% for the portion with a 3-year amortization schedule. Also requesting Council to authorize the City’s Finance Director to approve and execute closing documents for future draws against the credit line to reimburse prior Council -approved city expenditures under the City’s lease/purchase financing program. Page 1 City of Clearwater Printed on 10/14/2019 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#19-6921 Agenda Date: 10/14/2019 Status: Reported to CouncilVersion: 1 File Type: Action ItemIn Control: Finance Agenda Number: 5.2 SUBJECT/RECOMMENDATION: Authorize the piggyback of State of Florida Contract No. 84121500-15-01, Purchasing Card Program, with Bank of America, for the term of October 2019 through December 2020, pursuant to Clearwater Code of Ordinances Section 2.564 (1)(d) Other Government Entities Bids, and authorize the appropriate officials to execute same. (consent) SUMMARY: Since August 2009, the City of Clearwater has been a participant in the Hillsborough County Procurement Card Program Consortium, which enabled participating members to utilize the Bank of America contract for pcards. The primary benefit of the consortium’s contract was that the combined spend of all entities was used to establish the rebate multiplier. The calculated multiplier was then applied to each entity’s annual spend to determine the rebate paid. Clearwater’s rebate reached $145,000 for Fiscal Year 17/18. The rebate is returned to the general fund. In early 2019, the County made the decision to disband the consortium and not re-bid the pcard program. Participating agencies have all taken different approaches to sustaining their pcard programs. Clearwater’s Procurement staff recommends shifting the City’s pcard program to the State of Florida contract with Bank of America through December 2020. The state contract rebates are paid on the calendar year and a special calculation will be made for October through December 2019, taking into consideration the City’s spend for January through September. The normal Fiscal Year 2019 rebate will still be paid by Bank of America with the January through September rebate portion subtracted from the calendar year calculation. During the next year the Procurement Division intends to explore the option of adding pcards to our Banking Services contract with Wells Fargo. APPROPRIATION CODE AND AMOUNT: Pcard charges are reconciled monthly by each department, to the respective general fund or project account. Page 1 City of Clearwater Printed on 10/14/2019 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#19-6929 Agenda Date: 10/14/2019 Status: Reported to CouncilVersion: 1 File Type: Action ItemIn Control: Gas System Agenda Number: 6.1 SUBJECT/RECOMMENDATION: Accept a Natural Gas Easement over, under, across and through a portion of property conveyed by Marina Del Rey Un B Assn, whose principal address is 1571 Gulf Boulevard, Clearwater, given in consideration of receipt of $1.00 and the benefits to be derived therefrom. (consent) SUMMARY: Marina Del Rey Homeowner Association (Grantor) has granted a non-exclusive five-foot wide natural gas easement, on property located on Marina Del Rey Court, just east of Gulf Blvd. (Parcel ID# 19-29-15-55303-000-0010), for the installation of a natural gas distribution line. This main line will serve residential customer located at 101 Marina Del Rey Court, Clearwater. This easement grant is sufficient for the City to maintain and replace its facilities as necessary in perpetuity, or until such time as the City determines to abandon its use. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 10/14/2019 SHEET 1 OF 3 CRIBB PHILBECK WEAVER GROUP, INC. (CPWG) 3918 N. HIGHLAND AVENUE, TAMPA, FLORIDA 33603 PHONE: (813) 361-2644, FAX: (813) 223-2469 PROFESSIONAL SURVEYOR & MAPPER BUSINESS LICENSE NUMBER: LB8232 DATE: 09/13/2019 PROJECT NUMBER: 190116 DRAWN: D. HEATH CHECKED: D. WINTERS SCHEDULE "A" ALL THAT TRACT OR PARCEL OF LAND LYING IN SECTION 19, TOWNSHIP 29 SOUTH, RANGE 15 EAST, CITY OF CLEARWATER, PINELLAS COUNTY, FLORIDA, BEING A PORTION OF LOT 1, AS SHOWN ON THE PLAT OF MARINA DEL REY AT SAND KEY UNIT B, AS RECORDED IN PLAT BOOK 81, PAGES 54 THROUGH 55 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE PLAT OF MARINA DEL REY AT SAND KEY UNIT B, AS RECORDED IN PLAT BOOK 81, PAGES 54 THROUGH 55 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA BEING A FOUND NAIL AND DISK STAMPED "PLS 2043"; THENCE NORTH 31°56'56" EAST ALONG THE WEST LINE OF SAID PLAT, A DISTANCE OF 269.63 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 31°56'56" EAST ALONG SAID WEST LINE, A DISTANCE OF 5.84 FEET TO A POINT ON THE NORTH LINE OF A 38 FOOT INGRESS AND EGRESS EASEMENT AS SHOWN ON SAID PLAT; THENCE SOUTH 89°05'32" EAST ALONG SAID NORTH LINE, A DISTANCE OF 54.46 FEET TO A POINT; THENCE NORTH 01°24'21" EAST, A DISTANCE OF 5.00 FEET TO A POINT; THENCE SOUTH 89°05'32" EAST, A DISTANCE OF 1.27 FEET TO A POINT; THENCE EASTERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 151.00 FEET, A DELTA ANGLE OF 05°01'15", AN ARC DISTANCE OF 13.23 FEET, A CHORD DISTANCE OF 13.23 FEET AND A CHORD BEARING OF NORTH 88°23'51" EAST TO A POINT; THENCE SOUTH 04°05'43" EAST, A DISTANCE OF 5.00 FEET TO A POINT ON SAID NORTH LINE; THENCE EASTERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 156.00 FEET, A DELTA ANGLE OF 14°26'34", AN ARC DISTANCE OF 39.32 FEET, A CHORD DISTANCE OF 39.22 FEET AND A CHORD BEARING OF NORTH 78°39'06" EAST TO THE POINT OF REVERSE CURVATURE; THENCE EASTERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 194.00 FEET, A DELTA ANGLE OF 19°27'47", AN ARC DISTANCE OF 65.90 FEET, A CHORD DISTANCE OF 65.58 FEET AND A CHORD BEARING OF NORTH 81°10'34" EAST TO A POINT; THENCE SOUTH 89°05'32" EAST, A DISTANCE OF 30.25 FEET TO A POINT ON THE WEST LINE OF LOT 2 OF SAID PLAT OF MARINA DEL REY; THENCE SOUTH 00°54'28" WEST ALONG SAID WEST LINE, A DISTANCE OF 5.00 FEET TO A POINT; THENCE NORTH 89°05'32" WEST ALONG A LINE 5 FEET SOUTH OF AND PARALLEL TO SAID NORTH LINE, A DISTANCE OF 30.25 FEET TO A POINT; THENCE WESTERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 189.00 FEET, A DELTA ANGLE OF 19°27'47", AN ARC DISTANCE OF 64.21 FEET, A CHORD DISTANCE OF 68.51 FEET AND A CHORD BEARING OF SOUTH 80°34'19" WEST TO THE POINT OF REVERSE CURVATURE; THENCE WESTERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 161.00 FEET, A DELTA ANGLE OF 01°39'44", AN ARC DISTANCE OF 4.67 FEET, A CHORD DISTANCE OF 4.67 FEET AND A CHORD BEARING OF SOUTH 72°16'33" WEST TO A POINT; THENCE SOUTH 16°00'12" EAST, A DISTANCE OF 14.00 FEET TO A POINT ON THE CENTERLINE OF HARBORAGE COURT, A PRIVATE ROAD, SAID POINT ALSO BEING ON THE NORTH LINE OF LOT 73 OF SAID PLAT OF MARINA DEL REY; THENCE WESTERLY ALONG SAID CENTERLINE OF HARBORAGE COURT AND SAID NORTH LINE, ALSO BEING A CURVE TO THE RIGHT HAVING A RADIUS OF 175.00 FEET, A DELTA ANGLE OF 01°38'13", AN ARC DISTANCE OF 5.00 FEET, A CHORD DISTANCE OF 5.00 FEET AND A CHORD BEARING OF SOUTH 73°59'48" WEST TO A POINT; THENCE NORTH 16°00'13" WEST, A DISTANCE OF 14.00 FEET TO A POINT; THENCE WESTERLY ALONG A CURVE 5 FEET SOUTH OF AND PARALLEL TO SAID NORTH LINE AND A CURVE TO THE RIGHT HAVING A RADIUS OF 161.00 FEET, A DELTA ANGLE OF 16°01'17", AN ARC DISTANCE OF 45.02 FEET, A CHORD DISTANCE OF 44.87 FEET AND A CHORD BEARING OF SOUTH 82°53'50" WEST TO A POINT; THENCE NORTH 89°05'32" WEST A DISTANCE OF 58.77 FEET TO THE POINT OF BEGINNING. CONTAINING 1,176 SQUARE FEET, MORE OR LESS. "EXHIBIT A" LEGAL DESCRIPTION: MARINA DEL RAY CLEARWATER, FLORIDA 6970717273 1 (COMMON AREA)2 SHEET 2 OF 3 CRIBB PHILBECK WEAVER GROUP, INC. (CPWG) 3918 N. HIGHLAND AVENUE, TAMPA, FLORIDA 33603 PHONE: (813) 361-2644, FAX: (813) 223-2469 PROFESSIONAL SURVEYOR & MAPPER BUSINESS LICENSE NUMBER: LB8232 MARINA DEL RAY CLEARWATER, FLORIDA DATE: 09/13/2019 PROJECT NUMBER: 190116 DRAWN: D. HEATH CHECKED: D. WINTERS SKETCH OF DESCRIPTION N31°56'56"E 269.63' POINT OF COMMENCEMENT SOUTHWEST CORNER OF PLAT BOOK 81, PAGE 54 FOUND NAIL AND DISK "PLS 2043" POINT OF BEGINNING N31°56'56"E 5.84' S89°05'32"E 54.46' N01°24'21"E 5.00' C1 C1 R=151.00' Δ=05°01'15" L=13.23' CD=13.23' CB=N88°23'51"E S04°05'43"E 5.00' C2 R=156.00' Δ=14°26'34" L=39.32' CD=39.22' CB=N78°39'06"E C2 C3 C3 R=194.00' Δ=19°27'47" L=65.90' CD=65.58' CB=N81°10'34"E S89°05'32"E 30.25' S00°54'28"W 5.00' N89°05'32"W 30.25' C4 R=189.00' Δ=19°27'47" L=64.21' CD=68.51' CB=S80°34'19"W C4 S16°00'12"E 14.00' C5 R=161.00' Δ=01°39'44" L=4.67' CD=4.67' CB=S72°16'33"W C6 N16°00'13"W 14.00' C6 R=175.00' Δ=01°38'13" L=5.00' CD=5.00' CB=S73°59'48"W C7N89°05'32"W 58.77' N SCALE: 1"=40' 0 20 40 CENTERLINE OF HARBORAGE COURT 38' INGRESS EGRESS EASEMENT (P) 72' UTILITY EASEMENT (P) 18' EASEMENT FOR DRAINAGE SYSTEMS & FOR MAINTENANCE AND REPAIR OF SEAWALL (P) L1 L1 S89°05'32"E 1.27' C5 C7 R=161.00' Δ=16°01'17" L=45.02' CD=44.87' CB=S82°53'50"W 5.00' 5.00' WEST LINE OF PLAT BOOK 81 PAGE 54 MARINA DEL REY AT SAND KEY UNIT B PB 81, PGS 54 AND 55 UTILITY EASEMENT TOTAL AREA=1,176 SQUARE FEET ± SHEET 3 OF 3 CRIBB PHILBECK WEAVER GROUP, INC. (CPWG) 3918 N. HIGHLAND AVENUE, TAMPA, FLORIDA 33603 PHONE: (813) 361-2644, FAX: (813) 223-2469 PROFESSIONAL SURVEYOR & MAPPER BUSINESS LICENSE NUMBER: LB8232 DATE: 09/13/2019 PROJECT NUMBER: 190116 DRAWN: D. HEATH CHECKED: D. WINTERS LEGAL DESCRIPTION: MARINA DEL RAY CLEARWATER, FLORIDA 1. THE PURPOSE OF THIS SKETCH IS TO DELINEATE THE DESCRIPTION ATTACHED HERETO, THIS DOES NOT REPRESENT A BOUNDARY SURVEY. 2. THE BEARINGS SHOWN HEREON ARE RELATIVE TO THE FLORIDA STATE PLANE COORDINATE SYSTEM, NORTH AMERICAN DATUM OF 1983/2011 ADJUSTMENT (NAD83/11), WEST ZONE, WITH THE WEST LINE OF THE PLAT OF MARINA DEL REY AT SAND KEY UNIT B, AS RECORDED IN PLAT BOOK 81, PAGES 54 THROUGH 55 OF THE PUBLIC RECORDS OF PINELLAS COUNT, FLORIDA HAVING A BEARING OF NORTH 31°56'56" EAST. 3. UNLESS IT BEARS THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, THIS SKETCH IS FOR INFORMATIONAL PURPOSES ONLY. 4. THIS SKETCH MAY HAVE BEEN REDUCED IN SIZE BY REPRODUCTION. THIS MUST BE CONSIDERED WHEN OBTAINING SCALED DATA. 5. THIS SKETCH WAS COMPLETED WITHOUT THE BENEFIT OF A TITLE REPORT. THE LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHT OF WAYS, EASEMENTS, OWNERSHIPS OR OTHER INSTRUMENTS OF RECORD. 6. ALL RECORDING REFERENCES SHOWN ON THIS SKETCH REFER TO THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, UNLESS OTHERWISE NOTED. 7. THIS SKETCH IS NOT A SURVEY. GENERAL NOTES: = CHORD BEARING = CHORD DISTANCE = DELTA = LENGTH ABBREVIATIONS: CB CD Δ L = PAGES = PLAT BOOK = PLAT MEASUREMENT = RADIUS PGS PB (P) R SKETCH OF DESCRIPTION Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#19-6822 Agenda Date: 10/14/2019 Status: Reported to CouncilVersion: 1 File Type: Action ItemIn Control: Police Department Agenda Number: 7.1 SUBJECT/RECOMMENDATION: Approve an agreement between the City of Clearwater (City) and Redflex Traffic Systems, Inc. (Redflex), for a Traffic Camera Safety Improvement Program, through October 30, 2024, in accordance with Clearwater Code of Ordinances Section 2.564(1)(d) Other Government Entities Bids and authorize the appropriate officials to execute same. (consent) SUMMARY: In April 2011, the City of Clearwater issued request for proposal (RFP) 22-11, which sought proposals relating to the implementation of a Red Light Camera Safety Program. A committee, which comprised employees from the Police Department, Traffic Engineering, and the Legal Department, evaluated the submitted proposals; Redflex Traffic Systems, Incorporated, received the highest ranking. As directed by the City Council, and through negotiations with Redflex Traffic Systems, Incorporated, an agreement resulted in a six-month Red Light Camera Pilot Program. In November 2011, after a successful Red Light Camera Pilot Program, the program continued with three intersection approaches: eastbound Chestnut Street at South Fort Harrison Avenue, westbound State Road 60 (Gulf-to-Bay Boulevard) at Belcher Road, and eastbound State Road 60 (Gulf-to-Bay Boulevard) at Belcher Road. Since this time, the Clearwater Police Department has operated a Traffic Camera Safety Improvement Program utilizing red-light-camera technology. The current agreement is scheduled to expire on October 30, 2019. Under the terms of this agreement, the City of Clearwater and Redflex Traffic Systems would enter into a two-year agreement, which automatically renews for three successive, one-year period(s). The terms of the agreement are substantially similar to the expiring agreement; during the contract period, the City of Clearwater would transfer to Redflex Traffic Systems, Incorporated, monthly, the amount of $4,270.00 per intersection approach should five or fewer intersection approaches be utilized in the program. If more than five intersection approaches are implemented, a per month intersection approach fee of $4,100.00 would apply. In an effort to ensure negligible budgetary impact, should the derived revenues not exceed the Page 1 City of Clearwater Printed on 10/14/2019 File Number: ID#19-6822 per intersection approach fee during any given period, Redflex Traffic Systems, Incorporated, agrees to allow the City of Clearwater to defer payment of the deficit amount. At the end of the contract term, should collections be insufficient to account for the balance due, Redflex Traffic Systems, Incorporated, waives its right to collection of the deficit amount and the City of Clearwater may terminate the contract with cause. Overages in collections during any subsequent billing period would be applied to applicable monthly balance(s) in arrears. If the Florida Legislature enacts legislation repealing the statutory authorization for the City to operate a red-light-camera program, then the agreement will automatically terminate upon the effective date of the legislation; the City will not be obligated to pay any financial penalty, but would be obligated only to pay the amount owed to Redflex pursuant to EXHIBIT “D” of the Redflex Exclusive Agreement for services provided up to the effective date of the legislation. The pricing included in this agreement was previously competitively solicited and obtained through the National Cooperative Purchasing Alliance (NCPA), a national resource for public entities for similar public solicitations; the City of Clearwater is a participating member in this partnership. The pricing is unchanged from our current agreement with Redflex. APPROPRIATION CODE AND AMOUNT: Funding for this contractual agreement is included in the Police Department’s fiscal year 2019-2020 operating budget request for cost code, 0101139-530300, contractual services. Future fiscal year funding will be required through the annual Operating Budget Process. Page 2 City of Clearwater Printed on 10/14/2019 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#19-6830 Agenda Date: 10/14/2019 Status: Reported to CouncilVersion: 1 File Type: Action ItemIn Control: Police Department Agenda Number: 7.2 SUBJECT/RECOMMENDATION: Renew Grant and Financial Assistance Agreement between the Florida Department of Law Enforcement and the City of Clearwater, to facilitate a current mutual aid agreement between the two entities, effective upon execution through June 30, 2020, and authorize the appropriate officials to execute same. (consent) SUMMARY: The Florida Department of Law Enforcement (Department) and the City of Clearwater (City) have determined that they can make efficient use of their powers and resources, in certain criminal cases that may require specialized expertise and have the potential to cross jurisdictional lines, through coordination and sharing of specialized technical resources and personnel. Chapter 23, Florida Statutes authorizes law enforcement agencies to enter into mutual aid agreements for rendering voluntary assistance of a routine law enforcement nature to one another across jurisdictional lines and to enter into operational assistance agreements whereby each agency may request and render law enforcement assistance to the other law enforcement agencies during emergencies under Section 252.34, Florida Statutes. Council previously approved the Electronic Surveillance Support Team Multi-Agency Voluntary Cooperation Mutual Aid Agreement with an expiration date of February 28, 2022. This agreement allows for the reimbursement of certain expenses incurred by the City. The Financial Assistance Agreement between the Department and the City outlines the eligible costs available for reimbursement by the Department and the process to apply for reimbursement. This agreement must be renewed annually, and due to the nature of the agreement, requires council approval: ·The agreement provides for reimbursement of overtime (salaries and benefits) and expense (travel and training). ·Funds will be reimbursed up to an annual maximum of $12,500 per task force participant. ·If the total monetary amount of the grant and state financial assistance provided to the City is equal to or exceeds $750,000 in any fiscal year, the participant must have a state single audit for such fiscal year in accordance with Section 215.97, Florida State Statutes. There is no budgetary impact associated with the ESST Mutual Aid Agreement. Page 1 City of Clearwater Printed on 10/14/2019 File Number: ID#19-6830 Page 2 City of Clearwater Printed on 10/14/2019 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: Resolution #19-31 Agenda Date: 10/14/2019 Status: Reported to CouncilVersion: 1 File Type: ResolutionIn Control: Engineering Department Agenda Number: 8.1 SUBJECT/RECOMMENDATION: Accept an Underground Communications Easement containing two easement areas (a 34-foot easement and a 50-foot easement), from Duke Energy Florida, LLC for the construction, installation and maintenance of underground communications facilities on real property located in Duke Energy Right-of-Way, West of Spectrum Field and adopt Resolution 19-31. SUMMARY: The proposed easement will provide the City with property rights necessary for the construction, installation and maintenance of underground communications facilities within the easement that will support the new City Transfer Station and the Phillies Carpenter Complex at Spectrum Field. The City Engineering Department recommends acceptance of the easement. Page 1 City of Clearwater Printed on 10/14/2019 [A05-00152 /240895/1]Resolution No. 19-31 RESOLUTION NO. 19-31 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA ACCEPTING AN UNDERGROUND COMMUNICATIONS EASEMENT FROM DUKE ENERGY FLORIDA, LLC, FOR THE CONSTRUCTION, INSTALLATION, AND MAINTENANCE OF CITY COMMUNICATIONS FACILITIES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater needs an underground communications easement from Duke Energy Florida, LLC for the construction, installation and maintenance of certain communications facilities; and WHEREAS,by this Resolution, the City Council of the City of Clearwater wishes to accept said grant of easement; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER FLORIDA: Section 1. The City Council of the City of Clearwater hereby accepts the Underground Communications Easement, a copy of which is attached hereto and incorporated herein as Exhibit “A”to Resolution 19-31. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this ______ day of _________________, 2019. ________________________________ George N. Cretekos Mayor Approved as to form:Attest: ___________________________________________________________ Laura Mahony Rosemary Call Assistant City Attorney City Clerk EXHIBIT A TO RESOLUTION 19-31 A 34' Underground Communications Easement, also being a 34' Right-of-Way and Utility Easement as recorded in Official Records Book 6511, Page 1103, of the Public Records of Pinellas County, Florida, and being more particularly described as follows: Commence at the Northwest corner of the NE 14 of the SE 14 of Section 7, Township 29 S, Range 16 E; thence N 89° 41' 38" E, along the North line of the Southeast 14 of said Section 7, Township 29 S, Range 16 E, a distance of 236.29', to the Florida Power Corporation East Right-of-Way line as recorded in Official Records Book 1472, Page 385, of the Public Records of Pinellas County, Florida; thence S 00° 24' 38" W, along said Florida Power Corporation East Right-of-Way line, a distance of 158.56' to a Point of Beginning; thence S 20° 40' 49" W, a distance of 91.99'; thence along a curve concave to the Northwest, having a radius of 98.28', a central angle of 68° 40' 50", an arc length of 117.81', a chord bearing of S 55° 01' 14" W, and a chord length of 110.88'; thence S 89° 21' 39" W, a distance of 102.71' to the East Right-of-Way line of Old Coachman Road; thence S 00° 23' 18" W, along the East Right-of-Way line of Old Coachman Road, a distance of 34.01'; thence N 89° 21' 39" E, a distance of 103.32'; thence along a curve concave to the Northwest, having a radius of 132.28', a central angle of 68° 40' 50", an arc length of 158.56', a chord bearing of N 55° 01' 14" E, and a chord length of 149.24' to the said Florida Power Corporation East Right-of-Way line; thence N 00° 23' 18" E, along said Florida Power Corporation East Right-of-Way line, a distance of 63.56'; thence N 00° 24' 38" E, along said Florida Power Corporation East Right-of-Way line, a distance of 34.51' to the Point of Beginning. Containing 0.22 Acres More or Less. POINT OF BEGINNING EXISTING 34' RIGHT-OF-WAY AND UTILITY EASEMENT OR 6511, PG 1103 26' BICYCLE PATH EASEMENT OR 7920, PG 2087 20' UTILITY EASEMENT OR 2510, PG 111 POINT OF COMMENCEMENT NORTHWEST CORNER OF THE NE 14 OF THE SE 14 OF SECTION 07-29S-16E North Line Southeast 14 of Section 07-29S-16E West Line Northeast 14 of the Southeast 14 of Section 07-29S-16EOLD COACHMAN ROAD, CR 535"COACHMAN ROAD (County Road No. 32)" PER DEED(R/W VARIES)DUKE ENERGY F.K.A. FLORIDA POWER CORPORATION RIGHT-OF-WAY OR 1472, PG 385 S 00° 24' 38" W 158.56'CITY OF CLEARWATER OWNED PROPERTY CARPENTER FIELD Florida Power Corporation East Right-of-Way Line Proposed 34' Underground Communications Easement Containing 0.22 Acres (+/-) N 89° 41' 38" E 236.29' (Basis of Bearing)L 1C 1 L 2 L 3L 4 C 2L 5L 6Note: 1)All distances in US Survey Feet. OR Official Record PG Page No.Number CR County Road F.K.A. Formerly Known As N.T.S.Not To Scale R/W Right-of-Way LEGEND L2 Line #Bearing Distance L1 S 89° 21' 39" W 102.71' Line Table S 20° 40' 49" W 91.99' Curve #Radius Arc Length Curve Table Chord Bearing Central Angle Chord Length 117.81'98.28'68° 40' 50"S 55° 01' 14" WC1 110.88' L4 L3 N 89° 21' 39" E 103.32' S 00° 23' 18" W 34.01' L5 N 00° 23' 18" E 63.56' 158.56'132.28'68° 40' 50"N 55° 01' 14" EC2 149.24' L6 N 00° 24' 38" E 34.51' CITY OF CLEARWATER ENGINEERING DEPARTMENT DRAWN BY CHECKED BY DATE DRAWN SEC-TWNSP-RNG DWG. NO.SHEET OFExhibit "A" 34' Underground Communications Easement From Duke EnergyJAB 08/13/19 Lgl_2019-15 1 1 07 29 S 16 E Legal Description A 50' Underground Communications Easement, also being a 50' Access Easement as recorded in Official Records Book 2510, Page 114, of the Public Records of Pinellas County, Florida, and being more particularly described as follows: Commence at the Southwest corner of the NE 14 of the SE 14 of Section 7, Township 29 S, Range 16 E; thence N 00° 48' 50" E, along the West line of the Northeast 14 of the Southeast 14 of Section 7, Township 29 S, Range 16 E, a distance of 147.02'; thence S 89° 18' 39" E, a distance of 33.00' to the Florida Power Corporation West Right-of-Way line as recorded in Official Records Book 1472, Page 385, of the Public Records of Pinellas County, Florida and a Point of Beginning; thence N 00° 23' 18" E, along said Florida Power Corporation West Right-of-Way line, a distance of 50.00'; thence S 89° 18' 39" E, a distance of 225.00' to the Florida Power Corporation East Right-of-Way line; thence S 00° 23' 18" W, along said Florida Power Corporation East Right-of-Way Line, a distance of 50.00'; thence N 89° 18' 39" W, a distance of 225.00' to a Point of Beginning. Containing 0.26 Acres More or Less. POINT OF BEGINNING EXISTING 50' ACCESS EASEMENT OR 2510, PG 114 POINT OF COMMENCEMENT SOUTHWEST CORNER OF THE NE 14 OF THE SE 14 OF SECTION 07-29S-16E West Line Northeast 14 of the Southeast 14 of Section 07-29S-16EOLD COACHMAN ROAD, CR 535"COACHMAN ROAD (County Road No. 32)" PER DEED(R/W VARIES)DUKE ENERGY F.K.A. FLORIDA POWER CORPORATION RIGHT-OF-WAY OR 1472, PG 385 S 89° 18' 39" E 225.00' N 00° 48' 50" E 147.02' CITY OF CLEARWATER OWNED PROPERTY CARPENTER FIELD Florida Power Corporation East Right-of-Way Line SHARKEY ROAD (66' R/W) Proposed 50' Underground Communications Easement Containing 0.26 Acres (+/-) L 1 L 3L 2N 89° 18' 39" W 225.00' (Basis of Bearing) Note: 1)All distances in US Survey Feet. OR Official Record PG Page No.Number CR County Road F.K.A. Formerly Known As N.T.S.Not To Scale R/W Right-of-Way LEGEND L2 Line #Bearing Distance L1 N 00° 23' 18" E 50.00' Line Table S 89° 18' 39" E 33.00' L3 S 00° 23' 18" W 50.00' CITY OF CLEARWATER ENGINEERING DEPARTMENT DRAWN BY CHECKED BY DATE DRAWN SEC-TWNSP-RNG DWG. NO.SHEET OFExhibit "B" 50' Underground Communications Easement From Duke EnergyJAB 08/13/19 Lgl_2019-16 1 1 07 29 S 16 E Legal Description US-19 NDREW ST N OLD COACHMAN RDSHARKEY RD W US-19 FRONTAGE RDE US-19 FRONTAGE RDDORA DR RUSKIN RD OBERLIN DR OLD COACHMAN RD NE COACHMAN RD EARLHAM DR LOCATION MAP EasementLocations ² N.T.S.Scale: Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com 35' and 50' Underground Communications Easementfrom Duke Energy to City of Clearwater Page 1 of 1Aerial Flown 2018 Date:9/12/2019 Document Path: C:\Users\Kieffer.Nyland\City of Clearwater\Engineering Geographic Technology - Location Maps\OldCoach_UndgrdCommEasement.mxd RBReviewed By:KNMap Gen By:07-29s-16eS-T-R:281BGrid #: C.S.X. RAILROAD EasementLocations Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#19-6922 Agenda Date: 10/14/2019 Status: Reported to CouncilVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 8.2 SUBJECT/RECOMMENDATION: Approve the First Amendment (Amendment) to that certain Contract for Sale of Real Property by the City of Clearwater, Florida between the City of Clearwater (City) and Equity Lifestyle Properties, Inc. (ELS) and authorize the appropriate officials to execute same. (consent) SUMMARY: The City and ELS entered into that certain Contract for Sale of Real Property on November 20, 2018 (Contract) for the sale of city-owned property in Hillsborough County more particularly described as Hillsborough County folio numbers 001688-0000, 001689-0000, and 001697-0000. The Contract provided an opportunity for the parties to identify and memorialize certain pre-existing conditions related to the City’s prior use of the Property by mutual agreement. No such conditions were identified by mutual agreement and no addendum to the agreement was memorialized. For purposes of clarification, the parties now wish to amend Section 20 of the Agreement to reflect that the Inspection Period as defined in the Contract has passed, with no such conditions being identified. The remainder of the indemnity provisions as written shall remain intact. Page 1 City of Clearwater Printed on 10/14/2019 [GM17-1313-097/241150/1] 4833-8658-1414.1 FIRST AMENDMENT TO CONTRACT FOR SALE OF REAL PROPERTY THIS FIRST AMENDMENT TO CONTRACT FOR SALE OF REAL PROPERTY (this “Amendment”) is dated as of the _____ day of October, 2019, by and between The City of Clearwater, Florida, a Municipal Corporation of the State of Florida (“Seller”) and Equity LifeStyle Properties, Inc., a Maryland corporation (“Buyer”). RECITALS A.Seller and Buyer entered into that certain Contract for Sale of Real Property, with an effective date of November 20, 2018 (the “Purchase Agreement”), whereby Seller has agreed to sell and Buyer has agreed to purchase certain Property (as defined in the Purchase Agreement). B.Section 20 of the Purchase Agreement provides that Buyer may identify pre- existing conditions related to Seller’s use of the Property for the placement of wastewater treatment plant sludge, if any, and upon mutual agreement between Buyer and Seller incorporate such conditions into the Purchase Agreement via an addendum to exclude such matters from the scope of the indemnity and hold harmless that Buyer is providing Seller at Closing. C.During the Buyer’s Inspection Period, Seller and Buyer were unable to reach agreement on whether conditions are present on the Property as a result of Seller’s prior use of the Property for the placement of wastewater treatment plant sludge and, as a result, no addendum to the Purchase Agreement was executed, and Buyer’s Inspection Period ended on September 16, 2019. D.For purposes of clarification, the parties now wish to amend Section 20 of the Purchase Agreement to delete the provisions allowing for identification of pre-existing conditions; however, reserving the exclusion to indemnity from Buyer to Seller for conditions otherwise proven by Buyer to be the result of Seller’s prior use of the Property for the placement of wastewater treatment plant sludge or dredge spoils. E.Seller and Buyer now desire to amend the Purchase Agreement as set forth herein. THEREFORE, in consideration of and in reliance upon the above Recitals, which by this reference are incorporated herein, the terms, covenants, conditions and representations contained in this Amendment, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Sellers and Buyer agree as follows: 1.Incorporation of Recitals. The Recitals set forth above are true and correct and are incorporated herein by reference. 2.Defined Terms. Capitalized terms used but not defined herein shall have the meanings ascribed to such terms in the Purchase Agreement. 3.Section 20. The fourth (4th) full paragraph of Section 20 of the Purchase Agreement is hereby deleted in its entirety and replaced with the following: [GM17-1313-097/241150/1] 4833-8658-1414.1 Upon Closing, Buyer shall indemnify and hold harmless the Seller from and against any claims, demands, penalties, fines, liabilities, settlements, damages, costs or expenses of whatever kind or nature, known or unknown, existing and future, contingent or otherwise including, any action or proceeding, brought or threatened, or ordered by any governmental entity or arising under Environmental Laws resulting from the presence, treatment, storage, handling, misuse, use, disposal, release or threatened release of any Hazardous Materials at or related to the Property at any time prior to the Closing; provided, however, and subject to Buyer’s compliance with the change of use provisions set forth in the immediately succeeding sentence, Buyer shall not indemnify and/or hold harmless the Seller for any of the foregoing that is the result of the City’s prior use of the Property for placement of wastewater treatment plant sludge or dredge spoils. In connection with any change of use of the Property by Buyer following Closing, such change of use: (i) shall not create any unreasonable risk to human health or the environment after taking into consideration the results of soil, sediment and groundwater sampling performed on behalf of Buyer during the Inspection Period; and (ii) shall be in compliance with all laws, rules and regulations applicable to human health or the environment, in either case which relates to or impacts the City’s prior use of the Property for placement of wastewater treatment plant sludge or dredge spoils. Buyer acknowledges that it had the opportunity to inspect the Property during the Inspection Period and, during such period, observe its physical characteristics and existing conditions and the opportunity to conduct such investigation and study on and of the Property as Buyer deemed necessary, including the collection and laboratory analysis of multiple soil, sediment and groundwater samples. Upon Closing, Buyer FOREVER RELEASES AND DISCHARGES Seller from and against any claims, demands, penalties, fines, liabilities, settlements, damages, costs or expenses of whatever kind or nature, known or unknown, existing and future, contingent or otherwise, including any action or proceeding, brought or threatened, or ordered by any governmental entity, or arising under Environmental Laws resulting from the presence, treatment, storage, handling misuse, use, disposal, release or threatened release of any Hazardous Materials on the Property at any time prior to Closing, or migrating onto the Property at any time in the future from the Silver Dollar Shooters Club property located adjacent to the western boundary of the Property. Nothing in this Section shall be interpreted to release any claim by Buyer against any person or entity other than described above in this paragraph. 4.Miscellaneous. (a)Seller and Buyer agree that the Inspection Period provided in the Agreement expired on September 16, 2019, without Buyer providing notice of termination to Seller as otherwise provided by Section 15.a of the Agreement. (b)Except as modified hereby, all terms and provisions contained in the Agreement shall remain in full force and effect and are hereby ratified and confirmed. If there is a conflict between the terms of this Amendment and the Agreement, then the terms of this Amendment shall control. (c)The provisions of this Amendment shall be binding upon, and shall inure to the benefit of, the successors and assigns of the Buyer and each Seller, respectively. (d)A party may deliver executed signature pages to this Amendment by facsimile transmission or electronic transmission in PDF format to the other party, which facsimile or PDF copy shall be deemed to be an original executed signature page. [GM17-1313-097/241150/1] 4833-8658-1414.1 Notwithstanding the foregoing, each party delivering executed documents by facsimile or other electronic means agrees to provide the other party with an original, hard copy of the relevant signed documents promptly after the request of the other party. IN WITNESS WHEREOF, the parties have executed this Addendum as of the date first set forth above. BUYER: EQUITY LIFESTYLE PROPERTIES, INC, a Maryland corporation By: Name: Title: SELLER: THE CITY OF CLEARWATER, FLORIDA By: Name: Title: [End of signatures] Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: Resolution 19-07 Agenda Date: 10/14/2019 Status: Reported to CouncilVersion: 1 File Type: ResolutionIn Control: Planning & Development Agenda Number: 9.1 SUBJECT/RECOMMENDATION: Authorize the recording of a lien for a total cost of $27,444.24 on the property located at 401 N. Garden Avenue, Clearwater, Florida, which has a legal description of the West ½ of Lot 11, Block 2, Hart’s addition to Clearwater, according to the map or plat thereof as recorded in Plat Book 1, Page 94, of the Public Records of Hillsborough County, Florida of which Pinellas County was formerly a part and whose owner is JPAC, LLC and adopt Resolution 19-07. SUMMARY: The Building Official initially declared the structure found on this property unsafe under Chapter 47, Article VII of the Clearwater Community Development Code on April 27, 2016. The property owner did not appeal this decision to the Building/Flood Board of Adjustment and Appeals and therefore the Building Official had the authority to abate the unsafe condition by repair, vacation, or demolition, or any combination thereof, under Sect. 301.1 of the Standard Unsafe Building Abatement Code which was adopted by the City in Sect. 47.051(1)(e), Clearwater Community Development Code. After the property owner failed to bring the property into full compliance with code requirements, the City secured the property several times. However, the continued inaction of the property owner and certain actions of trespassers caused the structure to continue to deteriorate. The City was therefore forced to demolish the property for the safety of the public. The City has incurred $27,444.24 in demolition costs and is entitled to a lien on the property in that amount under Chapter 7 of the Standard Unsafe Building Abatement Code. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 10/14/2019 Resolution No. 19-07 RESOLUTION NO. 19-07 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, ASSESSING CERTAIN REAL PROPERTY HAVING A POST OFFICE ADDRESS OF 401 N GARDEN AVE, CLEARWATER, FLORIDA, AS DESCRIBED MORE PARTICULARLY HEREIN, IN THE AMOUNT OF $27,444.24 FOR THE COSTS OF DEMOLITION AND OTHER EXPENSES INCURRED IN REMOVING A DANGEROUS STRUCTURE WITHOUT THE CONSENT OF THE OWNER; PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Chapter 47 of the Clearwater Code of Ordinances and the Standard Building Code, the Building Official determined that certain real property described herein and the building situated thereon were unsafe, unsanitary, unfit for human habitation, and dangerous and detrimental to the health, safety, and general welfare of the community, and did not comply with the requirements of said Code before expenses were incurred; and WHEREAS, the City of Clearwater and the owner have caused the abatement of the unsafe building, and the City’s costs of such work should now be assessed as a lien on behalf of the City of Clearwater against the property; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Building Official having ordered the abatement of the unsafe building situated on the following described property: The West ½ of Lot 11, Block 2, HART’S ADDITION TO CLEARWATER, according to the map or plat thereof as recorded in Plat Book 1, Page 94, of the Public Records of Hillsborough County, Florida of which Pinellas County was formerly a part. (Parcel Number 09-29-15-37422-002-0110) Whose owner of record is: J P A C LLC 15601 Cheswick Ct. Tampa, FL 33647-1153 Resolution No. 19-07 2 And the City of Clearwater having now completed said work, the City Council does hereby assess and charge a lien on behalf of the City of Clearwater against the property for the necessary costs incurred as follows: TOTAL DEMOLITION COSTS $27,444.24 (See Attachment “A”) Section 2. As soon as practicable, a Certificate of Indebtedness against the property for the amount of assessment shall be prepared, which certificate shall constitute a lien prior to all other liens except the lien for taxes. Said certificate, when issued, shall be payable to the City with interest at a rate of ten percent (10%) per annum. Section 3. The City Clerk is hereby directed to prepare a Notice of Lien in the amount of the assessment against said property, and to record the same in the Public Records of Pinellas County, Florida. Section 4. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this _______ day of _____________, 2019. ____________________________ George N. Cretekos Mayor Approved as to form: Attest: __________________________ _____________________________ Michael P. Fuino Rosemarie Call Assistant City Attorney City Clerk Resolution No. 19-07 3 ATTACHMENT “A” Resolution 19-07 (401 N Garden Avenue – Clearwater, Florida) FEE BALANCE DUE Asbestos Abatement 8,700.00 Demolition 18,000.000 Secure Structure 137.20 Secure Structure 607.04 ------------------------------------------------------------------------------------------------- TOTAL 27,444.24 LIEN AMOUNT $27,444.24  Brief history of UNSAFE Building case at 401 N. Garden: 04/28/2016 Notice of violation sent. 06/10/2016 Notice of violation sent. June 2016 - Inspector met with property manager and discussed repairs July 2016 – property noted to be vacant and unsecured. City hired contractor to secure structure. Notified Police of stolen goods inside. October 10, 2016 – property owner paid bill for cost of securing structure. 02/14/2017 Notice of violation sent. 04/19/2017 Invoice sent to owner. May 1, 2017 – owner paid another bill for securing the building a second time. May 2017 – inspector noted no change in condition of property. 05/17/2016 Certified mail receipt received 06/07/2017 Notice of violation sent 06/07/2017 Affidavit of posting done 06/08/2017 Invoice sent to owner 07/01/2017 Certified mail receipt received 07/01/2017 Certified mail receipt received February 2018 – City had property secured after the building was broken in to. City contractor secured again. 02/05/2018 Invoice sent to owner. March 2018 – Property owner applied for permit. Application included work in only one section of building. 3/12/18 - Invoice sent to owner. 4/15/18 - Certified mail receipt received. May 2018 – Title search was performed. 05/02/2018 Notice of violation sent 05/02/2018 Affidavit of posting done October 2018 – inspector noted no change in condition of building. January 2019 – demolition completed. 401 N Garden Ave Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: TA2019-06002 Agenda Date: 10/14/2019 Status: Reported to CouncilVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 9.2 SUBJECT/RECOMMENDATION: Deny amendments to the Clearwater Community Development Code to expand the geographical area within the Regional Center Subdistrict of the US 19 District where self-storage warehouses are currently allowed on a limited number of parcels, to allow the use on certain parcels 1.1 to 1.2 acres in area with frontage on Seville Boulevard, and do not pass Ordinance 9308-19 on first reading. (TA2019-06002) SUMMARY: Pursuant to Community Development Code Section 4-601.B, amendments to the Code may be initiated by the City Council, the Community Development Coordinator, or by any person in conjunction with an application for a development approval. BDG Properties, owner of property located at 2611 Seville Boulevard, submitted an application for a text amendment to expand the area within the Regional Center Subdistrict of the US 19 zoning district where self-storage warehouses are allowed, in conjunction with the required development application. The owner has a pending purchase agreement with RK Development Partners, LLC, a firm which wants to construct a 900-unit self-storage warehouse with 4,500 square feet of office/retail on the property. Self-storage warehouses are allowed as a flexible standard use in the US 19 District in the following locations: ·Corridor Subdistrict: No parcel size or locational restrictions ·Regional Center Subdistrict: On parcels of .75 acres to .9 acres in size that existed on or before October 17, 2018 with Street Frontage Type C that do not have any other Street Frontage Type (per Ordinance 9161-18 adopted on November 1, 2018) Proposed Ordinance 9308-19 would expand the allowance of this use by also permitting it in the Regional Center Subdistrict on parcels of 1.1 acres to 1.2 acres in size fronting Seville Boulevard that existed on or before June 3, 2019 as a flexible standard use. The specific locational requirements effectively limit the amendment, so it applies only to one property, 2611 Seville Boulevard. The same use specific standards previously established in the 2018 amendment for those warehouses located in the Regional Center Subdistrict would continue to apply to this new parcel. The applicant is utilizing the text amendment process to afford development rights to the owner of only one property (1.13 acres) located on a specific street (Seville Boulevard), out of 660 properties located within the Regional Center Subdistrict. Regulatory devices like land development regulations should apply to a majority of properties within a zoning district. This property is located on the border of the Corridor and Regional Center Subdistricts, directly abutting parcels designated as US 19 Corridor on the Future Land Use Map and in the Corridor Subdistrict. The US 19 Zoning District and Development Standards includes the procedures for requesting amendments to the Future Land Use Map and to change the US 19 Subdistrict for Page 1 City of Clearwater Printed on 10/14/2019 File Number: TA2019-06002 property, which is the appropriate process for requesting a change affecting a single parcel within the US 19 District. A summary of the city’s efforts focused on the redevelopment of the US Highway 19 corridor is provided in the staff report (Table 1). The goal for all of these efforts is to reposition the corridor to make Clearwater a more economically competitive, sustainable, and livable community, and the city has seen renewed investment along US 19 since rezoning the corridor in 2017. The Planning and Development Department determined that the proposed ordinance is inconsistent with the standards for review in Clearwater Community Development Code which apply to text amendments as specified below (Section 4-601.F): ·The proposed amendment is inconsistent with and does not further the goals, policies and objectives of the Comprehensive Plan; and ·The proposed amendment will not further the purposes of the development code and other city ordinances and actions designed to implement the plan. As a whole, the self-storage warehouse use does not support the goals of the activity centers on US Highway 19 as designated on the Citywide Design Structure and does not prioritize or support an employment producing or transit supportive land use in the Regional Center; therefore, expansion of this use in the Regional Center Subdistrict would be inconsistent with the Comprehensive Plan, Clearwater Greenprint, Clearwater Economic Development Strategic Plan, US 19 Corridor Redevelopment Plan and the Clearwater Comprehensive Plan and is inconsistent with the purposes of the Community Development Code. The Planning and Development Department recommends denial of the proposed text amendment. The Community Development Board, after conducting a public hearing on September 17, 2019, recommended denial of the application by a vote of 5 to 2. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 10/14/2019 ORDINANCE NO. 9308-19 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING AN AMENDMENT TO THE COMMUNITY DEVELOPMENT CODE APPENDIX B, US 19 ZONING DISTRICT AND DEVELOPMENT STANDARDS, SECTION B-303, TABLE 2 TO EXPAND THE GEOGRAPHIC AREA WHERE SELF STORAGE WAREHOUSE USE WITH REQUIRED RETAIL, RESTAURANT, AND/OR OFFICE USES IS PERMITTED IN THE REGIONAL CENTER SUBDISTRICT OF THE US 19 ZONING DISTRICT, TO INCLUDE A CERTAIN PARCEL WITH FRONTAGE OF SEVILLE BOULEVARD, SUBJECT TO FLS APPROVAL; CERTIFYING CONSISTENCY WITH THE CITY’S COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it is the intent and purpose of the US-19 Zoning Districts & Standards Plan to “promote employment and transit forms, patterns, and intensities of development.” WHEREAS, it is the intent and purpose of the US-19 Zoning Districts & Standards Plan to “encourage development of mixed use destinations at major cross streets.” WHEREAS, it is the intent and purpose of the US-19 Zoning Districts & Standards Plan to have uses that “provide for the design of safe, attractive, and accessible settings for working, living, and shopping.” WHEREAS, the vision of the US-19 Regional Center Plan primarily depicts having multi- story buildings as opposed to single story buildings. WHEREAS, multi-story mixed of use buildings with “office” or “attached dwelling” above first floor ground floor Retail, Restaurant, or Office uses are not always feasible to be developed, especially on smaller sized parcels with constraints to meet required parking for multi-story residential or office buildings under the Development Code. WHEREAS, “Automobile service stations” is an allowed passive use in the Regional Center, as provided on Table 2. WHEREAS, “Schools” is an allowed passive use in the Regional Center, as provided on Table 2. WHEREAS, “Parking garages” is an allowed passive use in the Regional Center, as provided on Table 2, that allows for the storage of vehicles. WHEREAS, “Self-storage warehouse,” is a passive use that allows for the storage of things which is not allowed in certain areas of the Regional Center per Table 2. WHEREAS, the City of Clearwater recognizes the active use of Retail, Restaurant, or Office uses for the Regional Center because Table 2 allows for standalone single-story Retail, Restaurant, or Office uses by right. WHEREAS, “Self-storage warehouse” use, when combined with Retail, Restaurant, or Office, changes the character of self-storage warehouse’s passive use to an active use that is more active than parking garages, schools, automobile service stations, and some other existing allowed uses in the Regional Center. WHEREAS, the uses allowed in Regional Center, as provided on Table 2, currently allow a mixed use building with “Self-storage warehouse” and Retail, Restaurant, or Office uses in a limited area of the Regional Center. WHEREAS, “Self-storage warehouse” use when combined with Retail, Restaurant, or Office uses “promotes employment and transit forms, patterns, and intensities of development.” WHEREAS, “Self-storage warehouse” use when combined with Retail, Restaurant, or Office uses “encourage development of mixed-use destinations at major cross streets” because it can eventually be converted to residential or office above the ground floor. WHEREAS, “Self-storage warehouse” when combined with Retail, Restaurant, or Office uses “provides for the safe, attractive, and accessible settings for working, living, and shopping.” WHEREAS the City of Clearwater adopted US 19 Zoning District and Development uses as provided on Table 2 allow for “self-storage warehouse,” in a limited area of the Regional Center, when combined with Retail, Restaurant, or Office uses. WHEREAS, the City of Clearwater desires for the Community Development Code to function effectively and promote more Retail, Restaurant, or Office uses in the Regional Center to further the intent and purpose of the US-19 Zoning Districts & Standards Plan; and WHEREAS, the City of Clearwater has determined where the Community Development Code needs clarification and revision; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That TABLE 2, Appendix B of the Community Development Code be amended to read as follows: Section B-303. - Permitted uses and parking. A) Use and Parking Table Permitted uses and approval levels by Subdistricts, along with parking requirements, are listed in Table 2. Use and Parking. Active uses are required at identified key corners, as defined in Section B-303.B. * * * * * * * * * * Table 2. Use and Parking Use Regional Neighborhood Corridor Use Specific Standards Minimum Off- Street Parking Spaces Self- storage warehouse FLS X FLS 1. In the Corridor Subdistrict, access doors to individual storage units are located within a building or are screened from view from adjacent property or public rights- of-way by landscaped walls or fences located no closer to the property lines of the parcel proposed for development than five feet. 2. Self-Storage may be is permitted in the Regional Center Subdistrict provided the following is met: on parcels of 1.1 acres to 1.2 acres in size fronting Seville Boulevard that existed on or before June 3, 2019 and on parcels of .75 acres to .9 acres in size that existed on or before October 17, 2018 with Street Frontage Type C that do not have any other Street Frontage Type provided the following is met: Such use shall only be located on parcels of .75 acres to .9 acres in size that existed on or before October 17, 2018 with Street Frontage Type C that do not have any other Street Frontage Type; 100% of the ground floor frontage and a minimum of 20% of the total ground floor area shall include fully-enclosed building space, occupied by retail, restaurant, or and/or office uses, or a combination thereof, not associated with the self -storage use; access to all storage units shall be from the building interior; 1/150 self- storage units. 4/1,000 sf of non-storage use as required for Self-storage warehouse in the Regional Center. and outdoor storage shall be prohibited. Footnotes: 1. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas. 2. The parcel proposed for development is not located within 500 feet of a parcel of land used for purposes of a place of worship or a public or private school unless the intervening land uses, structures or context are such that the location of the use is unlikely to have an adverse impact on such school or use as a place of worship. Key: BCP = Level 1 Minimum Standard (Building Construction Permit). FLS = Level 1 Flexible Standard Development (Community Development Coordinator approval required). FLD = Level 2 Flexible Development (Community Development Board approval required). X = Not Allowed * * * * * * * * * * Section 2. Amendments to the Community Development Code of the City of Clearwater (as originally adopted by Ordinance No. 6348-99 and subsequently amended) are hereby adopted to read as set forth in this Ordinance. Section 3. The City of Clearwater does hereby certify that the amendments contained herein, as well as the provisions of this Ordinance, are consistent with and in conformance with the City’s Comprehensive Plan. Section 4. Should any part or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a whole, or any part thereof other than the part declared to be invalid. Section 5. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. Section 6. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING ____________________________ PASSED ON SECOND AND FINAL ____________________________ READING AND ADOPTED ____________________________ George N. Cretekos Mayor Approved as to form: Attest: ____________________________ ____________________________ Michael P. Fuino Rosemarie Call Assistant City Attorney City Clerk PLANNING & DEVELOPMENT DEPARTMENT COMMUNITY DEVELOPMENT BOARD STAFF REPORT MEETING DATE: September 17, 2019 AGENDA ITEM: F.1 CASE: TA2019-06002 ORDINANCE NO.: 9308-19 REQUEST: To amend the Clearwater Community Development Code to expand the geographical area within the Regional Center Subdistrict of the US 19 District where self-storage warehouses are currently allowed on a limited number of parcels, to allow the use on certain parcels 1.1 to 1.2 acres in area with frontage on Seville Boulevard INITIATED BY: BDG Properties BACKGROUND: Pursuant to Community Development Code Section 4-601.B, amendments to the Code may be initiated by the City Council, the Community Development Coordinator, or by any person in conjunction with an application for a development approval. BDG Properties, owner of a 1.13- acre parcel located at 2611 Seville Boulevard, has applied for a text amendment to expand the area within the Regional Center Subdistrict of the US 19 Zoning District where self-storage warehouses are allowed, in conjunction with an application to redevelop the property with a self-storage warehouse (companion case FLS2019-06022). This amendment is being initiated because this property is located within the Regional Center Subdistrict but is not located on a site where self- storage warehouse uses are currently allowed. The US 19 District permits self-storage warehouses on any property within the Corridor Subdistrict, as well as in the Regional Center Subdistrict on parcels of 0.75 acres to 0.9 acres in size that existed on or before October 17, 2018 with only Street Frontage Type C. The owner has a pending purchase agreement with RK Development Partners, LLC, a firm which wants to construct a 900-unit self-storage warehouse with 4,500 square feet of office/retail on the property. This is the second private property owner-initiated application of this type within a year related to the self-storage warehouse use specifically in the Regional Center Subdistrict. In June 2018, Savelle Clearwater Countryside, LLC petitioned to amend the Community Development Code to allow the self-storage warehouse use within the Regional Center Subdistrict, where at the time the Community Development Board – September 17, 2019 TA2019-06002 – Page 2 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION use was only allowed in the Corridor Subdistrict. Planning and Development staff recommended denial of the application because the self-storage warehouse use in the Regional Center Subdistrict is inconsistent with goals and objectives of many of the city’s adopted plans, as well as the extensive planning work that was completed which ultimately allowed the city to increase the development potential along US 19 (as detailed in the staff report for TA2018-06003, and further summarized below). The Community Development Board unanimously recommended denial of the proposed amendment, as it was presented on September 18, 2018. At that time, the proposed amendment would have allowed self-storage warehouses on approximately 18 parcels within the District’s two Regional Centers. The Board expressed concerns about negatively impacting the city’s plans for US 19, as implemented through the US 19 Zoning District and Development Standards, which were adopted February 2, 2017, stating they wanted to give the plan time to work before making changes to the Code. The applicant presented an updated amendment to City Council at its October 18, 2018 meeting, further restricting the locations on which this use would be allowed effectively to two parcels – the one under contract by the applicant at that time (26489 US Highway 19 North) and one additional property along US 19 – and City Council approved Ordinance 9161-18, as amended, on November 1, 2018, with a vote of three in support and two against. In April 2019, the developer for 26489 US Highway 19 North submitted a request to transfer an additional 11,000 square feet of development rights to this parcel which was approved July 16, 2019 by the Community Development Board, thereby resulting in a development order for a 93,083 square foot self-storage warehouse with only 2,838 square feet of non-storage use space (2.71 FAR), consistent with the requirements established by the aforementioned Code amendment. Planning for US Highway 19 The City of Clearwater, with the assistance and support of Forward Pinellas and Pinellas County Economic Development, has invested significant time and resources planning for the redevelopment of the US Highway 19 corridor. The goal for these efforts is to reposition the corridor to make Clearwater a more economically competitive, sustainable, and livable community. A summary of these efforts is provided in Table 1, including Forward Pinellas’s regulatory changes that enabled the increase in development potential within the US 19 District. Although Table 1 is organized by year of plan adoption or completion, several of these efforts were running concurrently. For example, because both the US 19 Corridor Redevelopment Plan (Corridor Plan) and the updated Countywide Plan were being prepared concurrently, the city had the opportunity to work closely with Forward Pinellas to ensure that the vision in the Corridor Plan was achievable under the updated Countywide Plan and would appropriately address the new Planning and Urban Design Principles in the new Countywide Plan Strategies. The Corridor Plan provided the foundation to have US 19 designated as Multimodal Corridor and Activity Center at the time the new Countywide Plan Map was adopted in 2015, and the strategies within the Corridor Plan identified how the city would meet the requirements in the Countywide Rules through Comprehensive Plan amendments and the adoption of a form-based code (the US 19 Zoning District and Development Standards). Community Development Board – September 17, 2019 TA2019-06002 – Page 3 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Table 1 Summary of Planning Efforts & Associated Costs Related to US 19 Year Plan Author/Firm Cost Key Components Addressing US 19 2006 Evaluation & Appraisal Report Wade Trim $295,290 Identified need for comprehensive and diverse strategy for redevelopment as issue of local concern; Identified Countryside & Clearwater Malls as Activity Centers; Emphasized importance of improving overall city character with a community design structure 2008 Comprehensive Plan Update City Staff (in- house) N/A Adopted Citywide Design Structure (Map A-14), designating two Activity Centers on US 19 and identifying US 19 as a corridor to redevelop 2011 Economic Development Strategic Plan TIP Strategies $75,975 Outlined six priority strategies, including establishing an employment center overlay district to encourage higher-wage employment in strategic locations; Noted US 19’s transportation access and strategic location in region 2011 Clearwater Greenprint Renaissance Planning Group & ECO2Asset Solutions $219,815 Identified the need for land use and transportation to be more closely linked for economic and environmental reasons, by creating mixed-use, walkable, transit-supportive activity centers to link people with jobs and support multiple modes of travel, including along US 19 2012 US 19 Corridor Redevelopment Plan HDR & RCLCO $131,185 Refined the vision for US 19 by organizing it into three revitalization areas – regional and neighborhood centers and corridor areas - with different objectives based on locational characteristics; introduced design standards to achieve vision of compact, accessible, and attractive pedestrian- and transit- friendly destinations Community Development Board – September 17, 2019 TA2019-06002 – Page 4 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION 2015 Countywide Plan Update Forward Pinellas staff & Tindale Oliver N/A Created new Activity Center and Multimodal Corridor designations with significant increases in development potential accessible in areas where cities have planned for pedestrian-oriented and transit- supportive development to ensure critical employment and population mass for future transit; Established Planning and Urban Design Strategies that must be addressed in local codes, plans; Designated US 19 accordingly on the new Countywide Plan Map when adopted in 2015 2016 Comprehensive Plan Amendments City Staff (in- house) N/A Established the US 19 Regional Center, US 19 Neighborhood Center and US 19 Corridor future land use categories as well as the corresponding US 19 zoning district and subdistricts; Updated Citywide design structure policies to include policies supporting Corridor Plan implementation, consistent with the requirements for the Activity Center and Multimodal Corridor designations on the Countywide Plan Map 2016- 2017 Future Land Use Map & Zoning Atlas Amendments City Staff (in- house) N/A Changed the designations on 1,641 acres (4,036 parcels) to streamline the process for redevelopment within the US 19 District and provide certainty for property owners 2017 US 19 Zoning District & Development Standards HDR $131,460 Established the US 19 Zoning District and Development Standards (Appendix B), consistent with the Corridor Plan and the Countywide Plan TOTAL CITY INVESTMENT: (excluding in-house work) $853,725 Community Development Board – September 17, 2019 TA2019-06002 – Page 5 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION US 19 Zoning District and Design Standards The culmination of the above planning work was the adoption of the US 19 Zoning District and Development Standards in 2017 and the rezoning of seven miles along US Highway 19. The District established three subdistricts to govern development potential, uses and parking: Regional Center, Neighborhood Center and Corridor. According to the Corridor Plan, regional centers are appropriate for mixed-use development with an emphasis on employment-intensive and transit supportive uses. Two areas previously designated as activity centers in the Clearwater Comprehensive Plan are the two Regional Center Subdistricts - the Countryside/Westfield and Clearwater Mall areas. The Neighborhood Centers are applied to areas planned to serve as local shopping and employment destinations and are generally located between Northeast Coachman and Sunset Point Roads, Curlew Road, and between Nursery and Belleair Roads. The remainder of US Highway 19 is designated Corridor where a wide range of employment-intensive office uses is favored over small-scale retail uses and greater flexibility is provided for site design and larger front landscaped areas required. To facilitate the goals and objectives of the City’s planning efforts, allowable uses and development potential of each Subdistrict reflect the stated objectives and design standards to ensure the uses, development pattern, and desired activity is consistent with the vision. Development potential for the Subdistricts are as follows: Regional Center – 2.5 FAR; Neighborhood Center – 1.5 FAR; and Corridor – 1.5 FAR. The US 19 Zoning District and Development Standards is a form based code, and the standards are intended to ensure that new buildings and significant renovations and additions are designed in accordance with the vision in the Corridor Plan. Development is regulated by subdistrict, as previously described, as well as by street frontage type. Street Frontage Types A and B identify the most pedestrian- and transit-oriented locations along major streets crossing US 19 and along US 19 frontage roads, respectively. Street Frontage Type C also identifies pedestrian- and transit- oriented locations along US 19 while introducing limited front parking areas. Street Frontage Types E and F are the least pedestrian- and transit-supportive by design and are designated on properties consistent with this approach. PROPOSED CODE AMENDMENT: The applicant is proposing to revise Section B-303.A, Table 2, Use and Parking to expand where the self-storage warehouse use would be permitted as a Flexible Standard Use in the Regional Center Subdistrict to include parcels of 1.1 acres to 1.2 acres in size fronting Seville Boulevard that existed on or before June 3, 2019. Currently, this use is allowed within the US 19 Zoning District but only in the Corridor Subdistrict (no parcel size or locational restrictions) or on two parcels within the Regional Center Subdistrict (as amended by Ordinance 9161-18 on November 1, 2018). The same use specific standards previously established in the 2018 amendment for those warehouses located in the Regional Center Subdistrict would continue to apply to this new parcel. Specifically, 100% of the ground floor frontage and a minimum of 20% of the total ground floor area would be required to be occupied by retail, restaurant or office uses, or a combination thereof. These standards would also require access to the storage units from the building interior and would Community Development Board – September 17, 2019 TA2019-06002 – Page 6 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION prohibit any outdoor storage. The applicant has included minor modifications to bring consistency between the previously approved amendment and the proposed language, at the request of the city (e.g., changing “and/or” to “or a combination thereof”). ANALYSIS: Use Considerations Permitted uses in the US 19 Zoning District are organized by subdistrict. Because the Regional Center Subdistrict objectives focus on creating an environment conducive to attracting high wage employment, activity and transit, the list of uses permitted is very deliberate. Economically unproductive land uses and those that do not generate people and activity, or support transit were not included, while economically productive uses such as light assembly were added throughout the District. While it is recognized the corridor is a place to accommodate a large variety of uses, with the exception of dirty industry, not all uses are appropriate in all subdistricts. Uses excluded from the Regional Center or Neighborhood Center Subdistricts are generally allowed in the Corridor Subdistrict. Examples include nursing homes, animal boarding, outdoor recreation/ entertainment, problematic uses, social and community centers, and limited vehicle service. These uses were excluded from key locations because they typically do not generate activity or high wage employment. Cities in Pinellas County and across the country are dealing with the onslaught of new self-storage warehouse uses, many of which are consuming key sites in redevelopment areas that would otherwise be available for uses that generate activity and jobs. Forward Pinellas recently wrote about the challenges of self-storage uses in its blog1. Regarding the recent increase in market demand: “According to Pinellas County Economic Development, the Pinellas County market does have potential to support more self-storage units; it is under the national average for the number of units and square footage per person and has higher rents because of lower supply. Pinellas County has about 5.4 square feet of self-storage per person, or only 77% of the national average of about 7 square feet. Local developers are looking for creative ways to build self-storage in Pinellas County and say that the local market is challenging because of high land values and the lack of available real-estate that can accommodate self-storage.” In Fall 2018, Forward Pinellas hosted a series of Self-Storage Subcommittee meetings to explore the topic, learn more about the industry directly from a representative of a self-storage company, and discuss the challenges and best practices to mitigate the negative characteristics of the use. According to industry leader The Lock Up Self Storage, a FAR of 0.8 – 1.2 will accommodate most self-storage projects; many of the Countywide Plan Map categories have lower FARs established, other than the transit-oriented Activity Center and Multimodal Corridor categories, which in part could be driving the use to these areas. The city’s Corridor Subdistrict permits self- storage warehouses at a FAR of 1.5. The research and discussion informed proposed Countywide Plan amendments to the Activity Center and Multimodal Corridor categories which, to date, have been approved by Forward Pinellas. Forward Pinellas noted in its blog, “From a land use planning perspective, the greatest 1 Mounting Stuff, Less Space: Where to Store Self-Storage, accessed on September 3, 2019 from http://forwardpinellas.org/blog/mounting-stuff-less-space-where-to-store-self-storage/ Community Development Board – September 17, 2019 TA2019-06002 – Page 7 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION potential for conflict is in downtowns and planned transit corridors, where self-storage buildings can disrupt the active, pedestrian-oriented streetscapes that are integral to the success of these areas.” In the aforementioned land use categories, Forward Pinellas has determined that the Storage/Warehouse/Distribution-Light and -Heavy, Commercial/Business Service, and Automobile-Oriented Retail Commercial uses are inconsistent with the stated purpose “… to create areas of intensive residential density, nonresidential density, and mixed uses in conjunction with urban design that allows and encourages multimodal transportation …” An amendment permitting these uses would be classified as “Tier III”, which requires the applicant to provide additional analysis including a “Justification Narrative as to why the proposed amendment should be considered” and requires approval by the Countywide Planning Authority. Forward Pinellas determined that this application to expand the area in which self-storage warehouse is allowed within the Regional Center Subdistrict is consistent with the current Countywide Plan because the use had already been added to the Regional Center Subdistrict last year. Due to the concerns with the consumption of valuable land for warehousing purposes, cities are taking a variety of approaches such as prohibiting self-storage warehouses in certain zoning districts, instituting distance requirements between self-storage uses, prohibiting warehouses within a certain distance from specific zoning districts, instituting design criteria and requiring a mix of uses, etc. For example, locally, Pinellas County recently updated its future land use categories and now prohibits self-storage in the Employment or Industrial General categories to preserve these higher-intensity areas for employment uses; therefore, on properties in unincorporated Pinellas County, self-storage is only permitted in Commercial General future land use category (FAR 0.55). The City of Clearwater currently accommodates self-storage warehouses in the Commercial (C) and Industrial, Research, and Technology (IRT) zoning districts, as well as in the Corridor Subdistrict and on two parcels in the Regional Center Subdistrict of the US 19 Zoning District. The use is allowed in the Downtown District provided it is accessory to another principal use. In the last year, three self-storage warehouses were approved in the City of Clearwater, two of which at lower FARs than the industry standard: one in the Commercial (C) zoning district (0.55 FAR), one on a site zoned both Commercial (C) and Industrial, Research and Technology (IRT) (FARs of 0.55 and 0.65, respectively), and the aforementioned project in the Regional Center Subdistrict (2.5 FAR permitted, 2.71 FAR approved utilizing TDRs). Use Specific Standards In an attempt to mitigate the concerns about self-storage warehouses in the Regional Center Subdistrict, the applicant proposed that the same use specific standards previously incorporated in the Code also apply to this parcel: • Limit use to parcels of 1.1 acres to 1.2 acres in size fronting Seville Boulevard that existed on or before June 3, 2019 (i.e., 2611 Seville Boulevard), in addition to the previous limitation to parcels of .75 acres to .9 acres in size that existed on or before October 17, 2018 with Street Frontage Type C that do not have any other Street Frontage Type (i.e., two parcels: 26489 US Highway 19 and 25856 US Highway 19) Community Development Board – September 17, 2019 TA2019-06002 – Page 8 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION • Require 100% of ground floor frontage and a minimum of 20% of the total ground floor area to be occupied by retail, restaurant, and/or office uses not associated with the self- storage warehouse use • Require access to all storage units from the building interior • Prohibit outdoor storage Limiting the use to only one new parcel through the provision of parcel size requirements is intended to prevent the use from spreading throughout the Regional Center Subdistrict. It is acknowledged that the parcel has several unique development challenges, including an irregular parcel shape and a 50-foot easement for a City of St. Petersburg water main; however, amending the US 19 Zoning District and Development Standards to change permitted uses each time a property owner has entered into an agreement to sell his or her property, whether it be self-storage warehouse or some other use intentionally excluded from one of the Subdistricts, undermines the predictability of the Code for adjacent property owners, the business and development community, and residents. The required commercial space along the ground floor is insignificant compared to the overall size of the building and property. The applicant’s development proposal includes 900 self-storage units. It also proposes 4,500-4,600 square feet of “office/retail” use (size varies in development application), a portion of which is on the ground floor and the remainder which is on the 8th floor. With a proposed ground floor of 14,740 square feet, only 2,948 square feet of commercial space is required to be incorporated into the project on the ground floor. (It should be noted the proposed site plan needs to be revised to meet the requirements of the US 19 Zoning District and the proposed text amendment, and to clarify the size and location of non-self-storage warehouse use affiliated spaces.) Such a small amount of commercial floor area does not create a dynamic mixed- use or employment intensive project consistent with the intent of the Regional Center Subdistrict. Economic Development Strategic Plan Considerations Another important factor considered when determining the allowable uses in the Regional Center Subdistrict at the time the US 19 Zoning District and Development Standards were adopted was how that use contributes to the local economy. Self-storage warehouses were excluded at that time due to the lack of positive economic impact associated with this use. Self-storage generates very few direct and in-direct jobs (typically 3-4) and provides low wages. According to data from Indeed.com (accessed in August 2018), average self-storage hourly pay ranges from approximately $9.19 per hour for an Associate to $13.38 per hour for a Store Manager. (According to Indeed.com this information was based on 188 data points collected directly from employees, users and past and present job advertisements on Indeed over the past 36 months.) Assuming Associates and Store Managers are full-time employees, those average wages fall below 80% of the area median income. In sum self-storage warehouse facilities account for low to average wages and are extremely limited employment generators at best, which does not meet the objectives of the Regional Center Subdistrict or the Economic Development Strategic Plan. Allowing this use in additional areas within the Regional Center Subdistrict will remove what would be an opportunity for productive land in terms of job creation and income on this parcel, even if other uses not built to the Regional Center Subdistrict’s maximum permitted FAR. Community Development Board – September 17, 2019 TA2019-06002 – Page 9 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION CRITERIA FOR TEXT AMENDMENTS: Community Development Code (CDC) Section 4-601 sets forth the procedures and criteria for reviewing text amendments. A determination should be made whether the proposed amendment is consistent with and furthers the goals, policies and objectives of the Comprehensive Plan, and furthers the purposes of the development code and other city ordinances and actions designed to implement the plan. The proposed amendment is inconsistent with and does not further the goals, policies and objectives of the Comprehensive Plan. A review of the Clearwater Comprehensive Plan identified the following Goals, Objectives and Policies which will be not be furthered by the proposed text amendment to the Community Development Code: Goal A.5 The City of Clearwater shall identify and utilize a Citywide design structure comprised of a hierarchy of places and linkages. The Citywide design structure will serve as a guide to development and land use decisions while protecting those elements that make the City uniquely Clearwater. Policy A.5.1.1 Identify Activity Centers: high intensity, high-density multi-use areas designated as appropriate for intensive growth and an integrated pattern of development that routinely provide service to a significant number of citizens of more than one county or that serve multiple residential communities by providing a mix of neighborhood-serving shopping centers as well as a mix of employment and residential opportunities. Activity centers are composed of multiple destination points, landmarks and character features, and are proximate and accessible to interstate or major arterial roadways or to minor arterial roadways, collector or local major streets, if the activity center is neighborhood serving. Activity Centers are served by enhanced transit commensurate with the type, scale and intensity of use. Policy A.5.4.5 U.S. Highway 19 North from Curlew Road to Belleair Road, including cross streets and Gulf-to-Bay Boulevard east of U.S. Highway 19 North. Amendments to the Future Land Use Map and Zoning Atlas should promote redevelopment and land assembly. Redevelopment should prioritize pedestrian- and transit-supportive street frontages and establish mixed-use destinations at major cross streets that provide safe, attractive and accessible settings in order to create a safe and attractive environment and an economically competitive community. Annexations and the installation of appropriate streetscape improvements should be encouraged. Policy A.5.5.6 Implement design standards for US Highway 19, which has transitioned from a roadway providing land access to a controlled access highway with ramps that are located less than two miles apart. Such standards should allow for higher intensities and a mix of land uses to allow for greater employment opportunities Community Development Board – September 17, 2019 TA2019-06002 – Page 10 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION along the corridor, while improving accessibility and safety for cars, people and bicycles. Policy A.6.1.6 Land use decisions in Clearwater shall support the expansion of economic opportunity, the creation of jobs and training opportunities as well as the maintenance of existing industries through establishment of enterprise zones, activity centers and redevelopment areas and by coordination with the Chamber of Commerce, Tourist Development Council and other economic development organizations and agencies. Policy A.6.1.11 US Highway 19 is recognized on the Countywide Plan Map as a Multimodal Corridor (MMC), with major intersections designated as Activity Center (AC). The applicable Multimodal Corridor and Activity Center subcategories are shown on the Transit-Oriented Land Use Vision Map within the Countywide Plan Strategies. Policy A.6.1.12 Redevelopment of US Highway 19 shall be encouraged through the establishment of development standards which implement the Planning and Urban Design Principles within the Countywide Plan Strategies by allowing for more intense development while also promoting more employment-intensive, transit- and pedestrian-supportive development, establishing mixed-use destinations and providing safe and attractive settings for working, living and shopping. These standards should: a. Concentrate office and other employment-intensive uses in places with easy access to US 19; b. Provide for retail, entertainment and other uses that serve the needs of surrounding neighborhoods; c. Promote high-intensity uses in close proximity to potential or planned transit routes; d. Lessen demands on local and regional street network by maximizing opportunities for the localization of work, shopping and leisure trips; e. Support shared parking and “park once” trips; f. Promote active lifestyles by encouraging walking and biking as convenient alternatives to automobile travel; and g. Contribute to street-level pedestrian activity and the informal surveillance of public spaces. Policy A.6.8.2 Encourage mixed-use development that includes a combination of compatible land uses having functional interrelationships and aesthetic features. Commercial and mixed-use buildings shall be sited to maximize pedestrian connections from the building to adjacent streets. Buildings should be sited and parking arranged to minimize the off-site impacts to residential areas. Because the city recognizes a community need for self-storage, the US 19 District has provided a place for it in the Corridor Subdistrict (473 acres available to accommodate the use, which is almost the size of the area governed by the Clearwater Downtown Redevelopment Plan). Additionally, the District was amended to allow the self-storage warehouse use on two parcels Community Development Board – September 17, 2019 TA2019-06002 – Page 11 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION within the Regional Center Subdistrict, one of which has a development order for 800 units within a 93,083 square foot building. As a whole, the self-storage warehouse use does not support the goals of the activity centers on US Highway 19 as designated on the Citywide Design Structure and does not prioritize or support an employment producing or transit supportive land use in the Regional Center; therefore, expansion of this use in the Regional Center Subdistrict would be inconsistent with the Comprehensive Plan. The proposed amendment does not further the purposes of the Community Development Code and other City ordinances and actions designed to implement the Plan. The proposed text amendment does not further the purposes of the CDC in that it will be inconsistent with the intent and purpose of the US 19 Zoning District and Design Standards as set forth in in CDC Section B-101: The intent and purpose of the US 19 District & Development Standards (“Development Standards”) is to guide the development and redevelopment of sites along US 19 consistent with strategies defined in the US 19 Corridor Redevelopment Plan. The standards are designed to accomplish the following. • Promote employment-intensive and transit supportive forms, patterns and intensities of development; • Encourage the development of mixed use destinations at major cross streets; • Provide for the design of safe, attractive, and accessible settings for working, living and shopping. The proposed text amendment expands where a warehouse use is allowed in the Regional Center Subdistrict which is the most intensive designated activity center outside of Downtown Clearwater. The Regional Center Subdistrict has a significant FAR allowance to incentivize dynamic high wage employment and commercial activity. Consistent with the Countywide Plan these activity centers are intended to maximize the concentration of jobs and populations along transit routes. This site is within walking distance from a PSTA bus stop along the US 19 frontage road served by Route 19, which connects to the Clearwater Mall stop where passengers can transfer to Route 60 as well. Self-storage warehouses are antithetical to these goals as they do not attract people and result in dead space in an area where vibrancy and vitality are measures of success. Self-storage is not compatible with the intent and purpose of the Regional Center Subdistrict of the US 19 District or the US 19 Corridor Redevelopment Plan. The following maps depict the two Regional Center Subdistricts within the US 19 District; the subject parcel is shown within the Gulf to Bay area Regional Center. No other use within the District (Section B-303.A, Table 2, Use and Parking) is governed utilizing use-specific criteria written to otherwise limit the use to certain parcels. Community Development Board – September 17, 2019 TA2019-06002 – Page 12 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Community Development Board – September 17, 2019 TA2019-06002 – Page 13 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Community Development Board – September 17, 2019 TA2019-06002 – Page 14 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION The proposed amendment affords development rights to the owner of one property (1.13 acres) out of the 660 properties located within the Regional Center Subdistrict on a specific street (Seville Boulevard). The amendment applies to 0.12% of the 914.55 acres of land in the Regional Center Subdistrict. The applicant has not demonstrated what conditions or factors warrant amending the Code for this parcel at this time. The proposed text amendment does not further the following general purposes of the Community Development Code: Sec. 1-103.A. It is the purpose of this Development Code to implement the Comprehensive Plan of the city; to promote the health, safety, general welfare and quality of life in the city; to guide the orderly growth and development of the city; to establish rules of procedure for land development approvals; to enhance the character of the city and the preservation of neighborhoods; and to enhance the quality of life of all residents and property owners of the city. Sec. 1-103.B. It is the purpose of this Community Development Code to create value for the citizens of the City of Clearwater by: • Allowing property owners to enhance the value of their property through innovative and creative redevelopment; • Ensuring that development and redevelopment will not have a negative impact on the value of surrounding properties and wherever practicable promoting development and redevelopment which will enhance the value of surrounding properties; and • Strengthening the city's economy and increasing its tax base as a whole. Sec. 1-103.E.2. Protect the character and the social and economic stability of all parts of the city through the establishment of reasonable standards which encourage the orderly and beneficial development of land within the city. Sec. 1-103.E.9. Establish permitted uses corresponding with the purpose and character of the respective zoning districts and limit uses within each district to those uses specifically authorized. As outlined above, the proposed text amendment does not further the goals, objectives and policies of numerous city plans related to the redevelopment of US Highway 19. The proposed expansion of areas in which self-storage warehouses are permitted in the Regional Center Subdistrict does not promote the economic stability of the subdistrict, will not strengthen the economy, and the use is inconsistent with the purpose and character of the Regional Center. SUMMARY AND RECOMMENDATION: The proposed amendment to the Community Development Code is inconsistent with and in direct conflict with the goals and objectives of Clearwater Greenprint, Clearwater Economic Development Strategic Plan, US 19 Corridor Redevelopment Plan and the Clearwater Comprehensive Plan and is inconsistent with purposes of the Community Development Code. Community Development Board – September 17, 2019 TA2019-06002 – Page 15 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Furthermore, it is unnecessary to accommodate the proposed activity. Based upon the above, the Planning and Development Department recommends DENIAL of Ordinance No. 9308-19 that amends the Community Development Code. Prepared by Planning and Development Department Staff: Lauren Matzke, AICP Long Range Planning Manager ATTACHMENTS: Ordinance No. 9308-19 Resume Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ANX2019-07014 Agenda Date: 10/14/2019 Status: Reported to CouncilVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 9.3 SUBJECT/RECOMMENDATION: Approve the annexation, initial Future Land Use Map designation of Industrial Limited (IL) and initial Zoning Atlas designation of Industrial, Research and Technology (IRT) District for 2108 Palmetto Street, and pass Ordinances 9309-19, 9310-19 and 9311-19 on first reading. (ANX2019-07014) SUMMARY: This voluntary annexation petition involves a 0.895-acre property consisting of one parcel of land which is currently occupied by a single-family dwelling. Previously, the property had been used by a vehicle repair business; however, that use is no longer there. The property is located on the north side of Palmetto Street approximately 1,080 feet west of North Belcher Road. The applicant is requesting annexation in order to receive solid waste service from the city and would like to utilize the property in conjunction with the parcel to the east, which is also owned by the applicant. The property is contiguous to existing city boundaries on all sides, and annexation of the property will eliminate an enclave. It is proposed that the property be assigned a Future Land Use Map designation of Industrial Limited (IL) and a Zoning Atlas designation of Industrial, Research & Technology (IRT). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: ·The property currently receives water service from the City. Sanitary sewer is not readily available to the property. Collection of solid waste will be provided by the City of Clearwater. 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 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 10/14/2019 File Number: ANX2019-07014 ·The proposed Industrial Limited (IL) Future Land Use Map category is consistent with the current Countywide Plan designation of the property. This designation primarily permits nonresidential uses at a floor area ratio (FAR) of 0.65. The proposed zoning district to be assigned to the property is the Industrial, Research & Technology (IRT) District. The existing detached dwelling has remained unchanged since constructed in 1947; however, this residential use is not allowed in the Industrial, Research & Technology (IRT) District. The owner has been advised that this would be a nonconforming use within the City and is aware of the provisions of Community Development Code Article 6 Nonconformity Provisions which apply to this property once annexed into the City. Additionally, any future use would be required to meet the standards of the Industrial, Research & Technology (IRT) District.; and ·The property proposed for annexation is contiguous to existing city boundaries on all sides; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 10/14/2019 Ordinance No. 9309-19 ORDINANCE NO. 9309-19 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF PALMETTO STREET APPROXIMATELY 1,080 FEET WEST OF NORTH BELCHER ROAD, WHOSE POST OFFICE ADDRESS IS 2108 PALMETTO STREET, CLEARWATER, FLORIDA 33765, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit B has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: See attached Exhibit A for legal description. (ANX2019-07014) 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 Community Development Coordinator 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. 9309-19 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 ANX2019-07014 ========================================================================================= No. Parcel ID Lot No., Block No. Address 1. 12-29-15-00000-140-0800 M&B Tract 14/08 2108 Palmetto Street THE EAST 150 FEET OF THE SOUTH 290.40 FEET OF THE WEST ½ OF THE SOUTHWEST ¼ OF THE SOUTHEAST ¼ OF THE NORTHEAST ¼ OF SECTION 12, TOWNSHIP 29 SOUTH, RAGE 15 EAST. LESS ROAD RIGHT-OF-WAY, PINELLAS COUNTY, FLORIDA Exhibit B 325000 50 324000 50 258000 25900014/01 14.2 14/03 14/0413/11 14/09 4.92 14/071 3.40 14/08 14/10 14/07 14/011 4.02 230 127406(S)150260 337(S)637(S)378(S)637(S)336(S)126336(S) 168.13 99.41580 916(S)2601265(S)336.22 99(S)168(S)91.591.5112 3015 20023059.22300.85126150 230 230 190100230 43(S) 280 300 1002503503055 74612 1 2 3 2PH 2 PH 1 PH R PH 3 PH 7 PH 6 PH 8 PH 16 PH 9 PH 14 PH 12PH 15 PH 10 PH 20 4 50 50 50 40AC(C) AC(C) AC(C) AC(C) 1 11 AC(C) AC(C) AC PALMETTO ST N BELCHER RD CARRIAGE LN LANTERN WAY 815805801821847835857853889 893 834820814810810 906 8302085210020772059206920452053204620582078207420642096209220822116 2112 2108 2104 2134 2130 2124 21202117 2109 2105 2166216521161016 219821001222 813811809807803829827825823819845843841839837833859855851891 895 642084848428408388368328288268248228188128088068040200900 2081206120632065206720712073204720492051205520482050205220542056206020762072207020682066209420902088208620842114 2110 2106 2102 2132 21282126 2122 211521132111 2107 2103213321082090 -Not to Scale--Not a Survey-Rev. 8/12/2019 PROPOSED ANNEXATION MAP Owner(s): Marvin’s Garage, LLP Case: ANX2019-07014 Site: 2108 Palmetto Street Property Size(Acres): ROW (Acres): 0.895 Land Use Zoning PIN: 12-29-15-00000-140-0800 From : Employment (E) E-1 Employment 1 Atlas Page: 271B To: Industrial Limited (IL) Industrial, Research & Technology (IRT) Ordinance No. 9310-19 ORDINANCE NO. 9310-19 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 PALMETTO STREET APPROXIMATELY 1,080 FEET WEST OF NORTH BELCHER ROAD, WHOSE POST OFFICE ADDRESS IS 2108 PALMETTO STREET, CLEARWATER, FLORIDA 33765, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS INDUSTRIAL LIMITED (IL); 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. Industrial Limited (IL) (ANX2019-07014) 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. 9309-19. Ordinance No. 9310-19 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 ANX2019-07014 ========================================================================================= No. Parcel ID Lot No., Block No. Address 1. 12-29-15-00000-140-0800 M&B Tract 14/08 2108 Palmetto Street THE EAST 150 FEET OF THE SOUTH 290.40 FEET OF THE WEST ½ OF THE SOUTHWEST ¼ OF THE SOUTHEAST ¼ OF THE NORTHEAST ¼ OF SECTION 12, TOWNSHIP 29 SOUTH, RAGE 15 EAST. LESS ROAD RIGHT-OF-WAY, PINELLAS COUNTY, FLORIDA Exhibit B 325000 50 324000 50 258000 25900014/01 14.2 14/03 14/0413/11 14/09 4.92 14/071 3.40 14/08 14/10 14/07 14/011 4.02 230 127406(S)150260 337(S)637(S)378(S)637(S)336(S)126336(S) 168.13 99.41580 916(S)2601265(S)336.22 99(S)168(S)91.591.5112 3015 20023059.22300.85126150 230 230 190100230 43(S) 280 300 1002503503055 74612 1 2 3 2PH 2 PH 1 PH R PH 3 PH 7 PH 6 PH 8 PH 16 PH 9 PH 14 PH 12PH 15 PH 10 PH 20 4 50 50 50 40AC(C) AC(C) AC(C) AC(C) 1 11 AC(C) AC(C) AC IL IRM R/OG WATER PALMETTO ST N BELCHER RD CARRIAGE LN LANTERN WAY 815805801821847835857853889 893 834820814810810 906 8302085210020772059206920452053204620582078207420642096209220822116 2112 2108 2104 2134 2130 2124 21202117 2109 2105 2166216521161016 219821001222 813811809807803829827825823819845843841839837833859855851891 895 642084848428408388368328288268248228188128088068040200900 2081206120632065206720712073204720492051205520482050205220542056206020762072207020682066209420902088208620842114 2110 2106 2102 2132 2128 2126 2122 211521132111 2107 2103213321082090 -Not to Scale--Not a Survey-Rev. 8/16/2019 PROPOSED FUTURE LAND USE MAP Owner(s): Marvin’s Garage, LLP Case: ANX2019-07014 Site: 2108 Palmetto Street Property Size(Acres): ROW (Acres): 0.895 Land Use Zoning PIN: 12-29-15-00000-140-0800 From : Employment (E) E-1 Employment 1 Atlas Page: 271B To: Industrial Limited (IL) Industrial, Research & Technology (IRT) Ordinance No. 9311-19 ORDINANCE NO. 9311-19 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 PALMETTO STREET APPROXIMATELY 1,080 FEET WEST OF NORTH BELCHER ROAD, WHOSE POST OFFICE ADDRESS IS 2108 PALMETTO STREET, CLEARWATER, FLORIDA 33765, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS INDUSTRIAL, RESEARCH AND TECHNOLOGY (IRT); 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. 9309-19 Property Zoning District See attached Exhibit A for legal description. Industrial, Research and Technology (IRT) (ANX2019-07014) Ordinance No. 9311-19 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 ANX2019-07014 ========================================================================================= No. Parcel ID Lot No., Block No. Address 1. 12-29-15-00000-140-0800 M&B Tract 14/08 2108 Palmetto Street THE EAST 150 FEET OF THE SOUTH 290.40 FEET OF THE WEST ½ OF THE SOUTHWEST ¼ OF THE SOUTHEAST ¼ OF THE NORTHEAST ¼ OF SECTION 12, TOWNSHIP 29 SOUTH, RAGE 15 EAST. LESS ROAD RIGHT-OF-WAY, PINELLAS COUNTY, FLORIDA Exhibit B 325000 50 324000 50 258000 25900014/01 14.2 14/03 14/0413/11 14/09 4.92 14/071 3.40 14/08 14/10 14/07 14/011 4.02 230 127406(S)150260 337(S)637(S)378(S)637(S)336(S)126336(S) 168.13 99.41580 916(S)2601265(S)336.22 99(S)168(S)91.591.5112 3015 20023059.22300.85126150 230 230 190100230 43(S) 280 300 1002503503055 74612 1 2 3 2PH 2 PH 1 PH R PH 3 PH 7 PH 6 PH 8 PH 16 PH 9 PH 14 PH 12PH 15 PH 10 PH 20 4 50 50 50 40AC(C) AC(C) AC(C) AC(C) 1 11 AC(C) AC(C) AC IRT I O MHDR PALMETTO ST N BELCHER RD CARRIAGE LN LANTERN WAY 815805801821847835857853889 893 834820814810810 906 830208521002077207120452053204620582078207420642096209220822116 2112 2108 2104 2134 2130 2124 21202117 2109 2105 2166216521161016 219821001222 813811809807803829827825823819845843841839837833859855851891 895 642084848428408388368328288268248228188128088068040200900 20812059206120632065206720692073204720492051205520482050205220542056206020762072207020682066209420902088208620842114 2110 2106 2102 2132 21282126 2122 211521132111 2107 2103213321082090 -Not to Scale--Not a Survey-Rev. 8/16/2019 PROPOSED ZONING MAP Owner(s): Marvin’s Garage, LLP Case: ANX2019-07014 Site: 2108 Palmetto Street Property Size(Acres): ROW (Acres): 0.895 Land Use Zoning PIN: 12-29-15-00000-140-0800 From : Employment (E) E-1 Employment 1 Atlas Page: 271B To: Industrial Limited (IL) Industrial, Research & Technology (IRT) PALMETTO ST N BELCHER RD MARILYN ST N HERCULES AVE KAPP DR LANTERN WAY CARRIAGE LN WEAVER PARK DR N E C O A C H M A N R D CEPHAS DR RANGE AVE ^ PROJECT SITE -Not to Scale--Not a Survey-Rev. 8/12/2019 LOCATION MAP Owner(s): Marvin’s Garage, LLP Case: ANX2019-07014 Site: 2108 Palmetto Street Property Size(Acres): ROW (Acres): 0.895 Land Use Zoning PIN: 12-29-15-00000-140-0800 From : Employment (E) E-1 Employment 1 Atlas Page: 271B To: Industrial Limited (IL) Industrial, Research & Technology (IRT) PALMETTO ST PALMETTO ST N BELCHER RD N BELCHER RD CARRIAGE LN CARRIAGE LN LANTERN WAY LANTERN WAY -Not to Scale--Not a Survey-Rev. 8/13/2019 Aerial Flown: 2019 AERIAL MAP Owner(s): Marvin’s Garage, LLP Case: ANX2019-07014 Site: 2108 Palmetto Street Property Size(Acres): ROW (Acres): 0.895 Land Use Zoning PIN: 12-29-15-00000-140-0800 From : Employment (E) E-1 Employment 1 Atlas Page: 271B To: Industrial Limited (IL) Industrial, Research & Technology (IRT) 325000 50 324000 50 258000 25900014/01 14.2 14/03 14/0413/11 14/09 4.92 14/071 3.40 14/08 14/10 14/07 14/011 4.02 230 127406(S)150260 337(S)637(S)378(S)637(S)336(S)126336(S) 168.13 99.41580 916(S)2601265(S)336.22 99(S)168(S)91.591.5112 3015 20023059.22300.85126150 230 230 190100230 43(S) 280 300 1002503503055 74612 1 2 3 2PH 2 PH 1 PH R PH 3 PH 7 PH 6 PH 8 PH 16 PH 9 PH 14 PH 12PH 15 PH 10 PH 20 4 50 50 50 40AC(C) AC(C) AC(C) AC(C) 1 11 AC(C) AC(C) AC PALMETTO ST N BELCHER RD CARRIAGE LN LANTERN WAY 815805801821847835857853889 893 834820814810810 906 8302085210020772059206920452053204620582078207420642096209220822116 2112 2108 2104 2134 2130 2124 21202117 2109 2105 2166216521161016 219821001222 813811809807803829827825823819845843841839837833859855851891 895 642084848428408388368328288268248228188128088068040200900 2081206120632065206720712073204720492051205520482050205220542056206020762072207020682066209420902088208620842114 2110 2106 2102 2132 21282126 2122 211521132111 2107 2103213321082090 -Not to Scale--Not a Survey-Rev. 8/12/2019 EXISTING SURROUNDING USES MAP Owner(s): Marvin’s Garage, LLP Case: ANX2019-07014 Site: 2108 Palmetto Street Property Size(Acres): ROW (Acres): 0.895 Land Use Zoning PIN: 12-29-15-00000-140-0800 From : Employment (E) E-1 Employment 1 Atlas Page: 271B To: Industrial Limited (IL) Industrial, Research & Technology (IRT) Industrial Industrial Automobile Garage Parking Lot Offices Multi-Family Residential ANX2019-07014 Marvin’s Garage LLP 2108 Palmetto Street View looking north at subject property, 2108 Palmetto Street. West of the subject property East of the subject property Across the street, to the south of the subject property View looking easterly along Palmetto Street View looking westerly along Palmetto Street Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ANX2019-07015 Agenda Date: 10/14/2019 Status: Reported to CouncilVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 9.4 SUBJECT/RECOMMENDATION: Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1421 West Virginia Lane and pass Ordinances 9312-19, 9313-19, and 9314-19 on first reading. (ANX2019-07015) SUMMARY: This voluntary annexation petition involves 0.19 acres consisting of one parcel of land occupied by a single-family dwelling. The property is located on the east side of West Virginia Lane, approximately 865 feet south of SR590. The applicant is requesting annexation to receive solid waste service from the City. The property is located within an enclave and is contiguous to existing city limits to the west. It is proposed that the property be assigned a Future Land Use Map designation of Residential 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 Community Development Code Section 4-604.E as follows: ·The property currently receives water and sanitary sewer service from the City. Collection of solid waste will be provided for the property by the City of Clearwater. 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. 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. 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 Page 1 City of Clearwater Printed on 10/14/2019 File Number: ANX2019-07015 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) 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 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 10/14/2019 Ordinance No. 9312-19 ORDINANCE NO. 9312-19 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED GENERALLY ON THE EAST SIDE OF WEST VIRGINIA LANE, APPROXIMATELY 865 FEET SOUTH OF SR 590, WHOSE POST OFFICE ADDRESS IS 1421 WEST VIRGINIA LANE, CLEARWATER, FLORIDA 33759 INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot 7, Block10, Virginia Groves Estates First Addition, according to the plat thereof as recorded in Plat Book 47, pages 41 through 43, of the Public Records of Pinellas County, Florida. (ANX2019-07015) 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 Community Development Coordinator 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. 9312-19 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 266000640416404294302 5 6 7 8 9 10 11 1 2 3 4 5 6 7 8 9 1011 12 13 14 15 16 17 18 1920 1 2 3 4 5 6 79 10 11 12 13 14 15 123456 7 8 141516 17 1819202122 1 2 3 4 5 6 111213141516 1 2 3 4 5 6 1112 13141516 1 2 3 456 111213141516 1 2 34 5 6 1 2 3 4 5 6 7 8 9 10 11 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 TRACT A 22/06 206 161.4547(S)80.3514.64255.04 35(S)48(S)1 1 1 1 1 SR 590 OWEN DR WEST VIRGINIA LN PINEAPPLE LN KUMQUAT DR NAVEL DR AVOCADO DR SHADDOCK DR 274327492739275527381509 27292739274327492755275427301410 273827231428 2712274327541518 27591502 1510 27131600 274927351654 27541517 27291520 1404 1488 1513 27421408 1414 1416 1618 1602 1417 27531501 1554 1636 151026671604 1506 1476 1500 1400 1590 274127471440 27302742274827482742275427321412 1655 1505 27551412 1572 274827421539 1508 1509 1508 1519 1619 1451 1573 1439 1409 27291420 27371504 1591 272627431463 1513 1452 27301420 1413 150026611691 1418 273927491427 1512 27381504 151626551637 1475 1406 1419 27531499 1407 1512 1413 1680 1521 1421 1487 1670 27591406 1418 1673 1537 27221410 1464 2748-Not to Scale--Not a Survey-Rev. 8/12/2019 PROPOSED ANNEXATION MAP Owner(s): Raquel and Roldan Q. Alabat Case: ANX2019-07015 Site: 1421 West Virginia Lane Property Size(Acres): ROW (Acres): 0.19 Land Use Zoning PIN: 08-29-16-94302-010-0070 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 273A To: Residential Low (RL) Low Medium Density Residential (LMDR) Ordinance No. 9313-19 ORDINANCE NO. 9313-19 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 WEST VIRGINIA LANE, APPROXIMATELY 865 FEET SOUTH OF SR 590, WHOSE POST OFFICE ADDRESS IS 1421 WEST VIRGINIA LANE, CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Future Land Use Element of the Comprehensive Plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Future Land Use Element of the Comprehensive Plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category Lot 7, Block10, Virginia Groves Estates First Addition, according to the plat thereof as recorded in Plat Book 47, pages 41 through 43, of the Public Records of Pinellas County, Florida. Residential Low (RL) (ANX2019-07015) 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. 9312-19. Ordinance No. 9313-19 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 266000640416404294302 5 6 7 8 9 10 11 1 2 3 4 5 6 7 8 9 1011 12 13 14 15 16 17 18 1920 1 2 3 4 5 6 79 10 11 12 13 14 15 123456 7 8 141516 17 1819202122 1 2 3 4 5 6 111213141516 1 2 3 4 5 6 1112 13141516 1 2 3 456 111213141516 1 2 34 5 6 1 2 3 4 5 6 7 8 9 10 11 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 TRACT A 22/06 206 161.4547(S)80.3514.64255.04 35(S)48(S)1 1 1 1 1 RU RL RL RL RL RU RL RL RL RL RL RU SR 590 OWEN DR WEST VIRGINIA LN PINEAPPLE LN KUMQUAT DR NAVEL DR AVOCADO DR SHADDOCK DR 2742274327492739275527381509 272927392743274927552754273027321412 1655 1410 273827231428 2712274827421539 1508 274327541518 27591451 1502 1573 1510 1439 1409 1420 1600 274927351504 1591 1654 272627541517 1463 27291520 1404 1488 27301420 1413 1513 27421500 1408 1691 1418 1414 1416 1602 1417 27531427 1512 1501 1504 1637 151026671604 1406 1419 1506 1499 1407 1512 1476 1500 1487 1400 1590 2741274714061440 1673 1537 272227301410 27422748274827541505 27551412 1572 1508 1509 1519 1619 27132729273727431513 14522661 27391618 274927381554 1636 15162655 1475 27531413 1680 1521 1421 1670 27591418 1464 2748-Not to Scale--Not a Survey-Rev. 8/13/2019 PORPOSED FUTURE LAND USE MAP Owner(s): Raquel and Roldan Q. Alabat Case: ANX2019-07015 Site: 1421 West Virginia Lane Property Size(Acres): ROW (Acres): 0.19 Land Use Zoning PIN: 08-29-16-94302-010-0070 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 273A To: Residential Low (RL) Low Medium Density Residential (LMDR) Ordinance No. 9314-19 ORDINANCE NO. 9314-19 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 WEST VIRGINIA LANE, APPROXIMATELY 865 FEET SOUTH OF SR 590, WHOSE POST OFFICE ADDRESS IS 1421 WEST VIRGINIA LANE, CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the Zoning Atlas of the City is amended, as follows: The map attached as Exhibit A is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the Zoning Atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9312-19. Property Zoning District Lot 7, Block10, Virginia Groves Estates First Addition, according to the plat thereof as recorded in Plat Book 47, pages 41 through 43, of the Public Records of Pinellas County, Florida. Low Medium Density Residential (LMDR) (ANX2019-07015) Ordinance No. 9314-19 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 266000640416404294302 5 6 7 8 9 10 11 1 2 3 4 5 6 7 8 9 1011 12 13 14 15 16 17 18 1920 1 2 3 4 5 6 79 10 11 12 13 14 15 123456 7 8 141516 17 1819202122 1 2 3 4 5 6 111213141516 1 2 3 4 5 6 1112 13141516 1 2 3 456 111213141516 1 2 34 5 6 1 2 3 4 5 6 7 8 9 10 11 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 TRACT A 22/06 206 161.4547(S)80.3514.64255.04 35(S)48(S)1 1 1 1 1 LMDRUS 19OS/RLDR LMDR LMDR LMDR LMDR SR 590 OWEN DR WEST VIRGINIA LN PINEAPPLE LN KUMQUAT DR NAVEL DR AVOCADO DR SHADDOCK DR 2742274327492739275527381509 272927392743274927552754273027321412 1655 1410 273827231428 2712274827421539 1508 1619 274327541518 27591451 1573 1510 1439 1409 27131420 1600 274927351504 272627541517 1463 27291520 1404 1488 27301420 1413 1513 27421500 1408 1691 1418 1414 1416 1618 1602 1417 27531427 1512 1501 1504 1554 1636 1637 151026671604 1406 1419 1506 1407 1512 14131476 1487 1400 1590 2741274714061440 1673 272227301410 27422748274827541505 27551412 1572 1508 1509 1519 1502 272927371591 1654 27431513 14522661 27392749273815162655 1475 27531499 1680 1521 1500 1421 1670 27591418 1537 1464 2748-Not to Scale--Not a Survey-Rev. 8/12/2019 PROPOSED ZONING MAP Owner(s): Raquel and Roldan Q. Alabat Case: ANX2019-07015 Site: 1421 West Virginia Lane Property Size(Acres): ROW (Acres): 0.19 Land Use Zoning PIN: 08-29-16-94302-010-0070 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 273A To: Residential Low (RL) Low Medium Density Residential (LMDR) US-19 NNE COACHMAN RD / SR 590 OWEN DR E US-19 FRONTAGE RDW US-19 FRONTAGE RDCALAMONDIN LN WEST VIRGINIA LN KUMQUAT DR NAVEL DR PINEAPPLE LN BEACHWOOD AVE AVOCADO DR SHADDOCK DR EDENWOOD ST ^ PROJECT SITE -Not to Scale--Not a Survey-Rev. 8/12/2019 LOCATION MAP Owner(s): Raquel and Roldan Q. Alabat Case: ANX2019-07015 Site: 1421 West Virginia Lane Property Size(Acres): ROW (Acres): 0.19 Land Use Zoning PIN: 08-29-16-94302-010-0070 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 273A To: Residential Low (RL) Low Medium Density Residential (LMDR) SR 590 SR 590 OWEN DR OWEN DR WEST VIRGINIA LN WEST VIRGINIA LN PINEAPPLE LN PINEAPPLE LN KUMQUAT DR KUMQUAT DR NAVEL DR NAVEL DR AVOCADO DR AVOCADO DR SHADDOCK DR SHADDOCK DR -Not to Scale--Not a Survey-Rev. 8/13/2019 Aerial Flown: 2019 AERIAL MAP Owner(s): Raquel and Roldan Q. Alabat Case: ANX2019-07015 Site: 1421 West Virginia Lane Property Size(Acres): ROW (Acres): 0.19 Land Use Zoning PIN: 08-29-16-94302-010-0070 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 273A To: Residential Low (RL) Low Medium Density Residential (LMDR) 266000640416404294302 5 6 7 8 9 10 11 1 2 3 4 5 6 7 8 9 1011 12 13 14 15 16 17 18 1920 1 2 3 4 5 6 79 10 11 12 13 14 15 123456 7 8 141516 17 1819202122 1 2 3 4 5 6 111213141516 1 2 3 4 5 6 111213141516 1 2 3 456 111213141516 1 2 34 5 6 1 2 3 4 5 6 7 8 9 10 11 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 TRACT A 22/06 206 161.4547(S)80.3514.64171.02 255.04 35(S)48(S)1 1 1 1 1 SR 590 OWEN DR WEST VIRGINIA LN PINEAPPLE LN KUMQUAT DR NAVEL DR AVOCADO DR SHADDOCK DR 274327492739275527381509 27292739274327492755275427301410 273827231428 2712274327541518 27591502 1510 27131600 274927351654 27541517 27291520 1404 1488 1513 27421408 1414 1416 1618 1602 1417 27531501 1554 1636 151026671604 1506 1476 1500 1400 1590 274127471440 27302742274827482742275427321412 1655 1505 27551412 1572 274827421539 1508 1509 1508 1519 1619 1451 1573 1439 1409 27291420 27371504 1591 272627431463 1513 1452 27301420 1413 150026611691 1418 273927491427 1512 27381504 151626551637 1475 1406 1419 27531499 1407 1512 1413 1680 1521 14211487 1670 27591406 1418 1673 1537 27221410 1464 2748-Not to Scale--Not a Survey-Rev. 8/12/2019 EXISTING SURROUNDING USES MAP Owner(s): Raquel and Roldan Q. Alabat Case: ANX2019-07015 Site: 1421 West Virginia Lane Property Size(Acres): ROW (Acres): 0.19 Land Use Zoning PIN: 08-29-16-94302-010-0070 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 273A To: Residential Low (RL) Low Medium Density Residential (LMDR) Single Family Residential Single Family Residential ANX2019-07015 Raquel & Roldan Q. Alabat 1421 West Virginia Lane View looking east at subject property, 1421 W. Virginia Lane South of subject property North of subject property West of subject property, across West Virginia Lane View looking northerly along West Virginia Lane View looking southerly along West Virginia Lane Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ANX2019-07017 Agenda Date: 10/14/2019 Status: Reported to CouncilVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 9.5 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 1861 East Drive and pass Ordinances 9318-19, 9319-19 and 9320-19 on first reading. (ANX2019-07017) SUMMARY: This voluntary annexation petition involves 0.216 acres of property consisting of one parcel of land occupied by a single-family home. The parcel is located on the east side of East Drive approximately 223 feet south of Sunset Point Road. 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, east and south. 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 East Drive right-of-way. The applicant has paid the required sewer impact and assessment fees in full and is aware of the additional costs to extend city sewer service to the property. Collection of solid waste will be provided to the property by the City. The property is located within Police District II and service will be administered through the district headquarters located at 645 Pierce Street. Fire and emergency medical services will be provided to this property by Station #51 located at 1720 Overbrook Avenue. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and ·The proposed annexation is consistent with and promotes the following objectives and policy of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Page 1 City of Clearwater Printed on 10/14/2019 File Number: ANX2019-07017 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 north, east and south; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 10/14/2019 Ordinance No. 9318-19 ORDINANCE NO. 9318-19 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF EAST DRIVE APPROXIMATELY 223 FEET SOUTH OF SUNSET POINT ROAD, WHOSE POST OFFICE ADDRESS IS 1861 EAST DRIVE, CLEARWATER, FLORIDA 33755, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the 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 3, Block A, CLEARWATER HIGHLANDS, UNIT “A”, according to the Map or Plat thereof, as recorded in Plat Book 28, Page 95, of the Public Records of Pinellas County, Florida (ANX2019-07017) 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 Community Development Coordinator 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. 9318-19 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 25100087930 A 36 35 34 4 5 8 9 10 11 12 33 32 31 30 29 28 27 26 1645216470 16470 A B B C C 1 1234 12 11 10 9 25 24 23 22 21 5 6 7 8 9 8 7 1 2 3 4 5 6 10 11 12 1 2 3 4 5 6 7 8 9 31 30 29 28 27 26 25 24 23 22 32 33 34 35 36 37 38 39 40 41 DEED DISCREPANCY 1 EAST DR WEST DR SUNSET POINT RD BELLEMEADE DR SHARONDALE DR SOUTH DR SOUVENIR DR 157115691836 1839 1837 1833 1831 1840 16011863 1900 18811572 16121835 1908 1857 15801844 18571560 1857 1843 1835 1830 1832 1880 1880 1832 18531850 1832 1845 1840 1874 186216061566 15511841 1862 1838 1856 1868 1842 1867 1864 1859 1841 1838 1832 1864 1874 1834 16001861 1838 1868 1850 1860 1865 1845 1844 1851 1856 186915651869 1844 1844 1856 1835 1853 1839 1869 18561586 1828 1829 1836 15751620160915981879 1866 1833 1843 15601850 159015541862 18681555 1861 1828 1 1 1 1 1 1-Not to Scale--Not a Survey-Rev. 8/12/2019 PROPOSED ANNEXATION MAP Owner(s): Natalie A. B. & Roberto Jose Rodriguez Case: ANX2019-07017 Site: 1861 East Drive Property Size(Acres): ROW (Acres): 0.216 Land Use Zoning PIN: 02-29-15-16452-001-0030 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 261A To: Residential Low (RL) Low Medium Density Residential (LMDR) Ordinance No. 9319-19 ORDINANCE NO. 9319-19 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 EAST SIDE OF EAST DRIVE APPROXIMATELY 223 FEET SOUTH OF SUNSET POINT ROAD, WHOSE POST OFFICE ADDRESS IS 1861 EAST DRIVE, CLEARWATER, FLORIDA 33755, 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 3, Block A, CLEARWATER HIGHLANDS, UNIT “A”, according to the Map or Plat thereof, as recorded in Plat Book 28, Page 95, of the Public Records of Pinellas County, Florida. Residential Low (RL) (ANX2019-07017) 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. 9318-19. Ordinance No. 9319-19 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 25100087930 A 36 35 34 4 5 8 9 10 11 12 33 32 31 30 29 28 27 26 1645216470 16470 A B B C C 1 1234 12 11 10 9 25 24 23 22 21 5 6 7 8 9 8 7 1 2 3 4 5 6 10 11 12 1 2 3 4 5 6 7 8 9 31 30 29 28 27 26 25 24 23 22 32 33 34 35 36 37 38 39 40 41 DEED DISCREPANCY 1 RU RU RU RU RL RU RL RU RL RU RU RL RU T/U EAST DR WEST DR SUNSET POINT RD BELLEMEADE DR SHARONDALE DR SOUTH DR SOUVENIR DR 15691836 1601157216121835 1844 18571560 1850 1832 1874 15511862 1864 1861 18451565 1856 1853 1869 1829 1866 1850 15711839 1837 1833 1831 1840 1861 1863 900 1881 1828 908 1857 15801 1857 1843 1835 1830 1832 1880 1880 1832 1853 1845 1840 186216061566 1841 1838 1856 1868 1842 1867 1859 1 1841 1 1838 1832 1864 1874 1834 16001838 1 1868 1850 1860 1865 1844 1851 1856 1869 1869 1844 1844 1835 1839 18561586 1828 1836 15751620160915981879 1833 1843 1560159015541862 18681555 -Not to Scale--Not a Survey-Rev. 8/13/2019 PROPOSED FUTURE LAND USE MAP Owner(s): Natalie A. B. & Roberto Jose Rodriguez Case: ANX2019-07017 Site: 1861 East Drive Property Size(Acres): ROW (Acres): 0.216 Land Use Zoning PIN: 02-29-15-16452-001-0030 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 261A To: Residential Low (RL) Low Medium Density Residential (LMDR) Ordinance No. 9320-19 ORDINANCE NO. 9320-19 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF EAST DRIVE APPROXIMATELY 223 FEET SOUTH OF SUNSET POINT ROAD, WHOSE POST OFFICE ADDRESS IS 1861 EAST DRIVE, CLEARWATER, FLORIDA 33755, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the Zoning Atlas of the City is amended, as follows: The map attached as Exhibit A is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the Zoning Atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9318-19. Property Zoning District Lot 3, Block A, CLEARWATER HIGHLANDS, UNIT “A”, according to the Map or Plat thereof, as recorded in Plat Book 28, Page 95, of the Public Records of Pinellas County, Florida . Low Medium Density Residential (LMDR) (ANX2019-07017) Ordinance No. 9320-19 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 25100087930 A 36 35 34 4 5 8 9 10 11 12 33 32 31 30 29 28 27 26 1645216470 16470 A B B C C 1 1234 12 11 10 9 25 24 23 22 21 5 6 7 8 9 8 7 1 2 3 4 5 6 10 11 12 1 2 3 4 5 6 7 8 9 31 30 29 28 27 26 25 24 23 22 32 33 34 35 36 37 38 39 40 41 DEED DISCREPANCY 1 LMDR LMDR MDR I EAST DR WEST DR SUNSET POINT RD BELLEMEADE DR SHARONDALE DR SOUTH DR SOUVENIR DR 15691836 1837 1833 1601157216121835 15801844 18571560 1843 1830 18321832 1850 1832 1840 187416061566 15511862 1838 1856 1868 1842 1864 1841 1864 1861 1868 1850 1860 1865 1845 185115651869 1844 1844 1856 1853 1869 1856 1829 1836 157516201866 1833 18431554 155515711839 1831 1840 1861 1863 900 1881 1828 908 1857 1 1857 1835 1880 1880 1853 1845 1862 1841 1867 1859 1 1 1838 1832 1874 1834 16001838 1 1844 1856 1869 1835 18391586 1828 160915981879 15601850 15901862 1868 -Not to Scale--Not a Survey-Rev. 8/12/2019 PROPOSED ZONING MAP Owner(s): Natalie A. B. & Roberto Jose Rodriguez Case: ANX2019-07017 Site: 1861 East Drive Property Size(Acres): ROW (Acres): 0.216 Land Use Zoning PIN: 02-29-15-16452-001-0030 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 261A To: Residential Low (RL) Low Medium Density Residential (LMDR) GREENLEA DR EAST DR WEST DR N HIGHLAND AVE SUNSET POINT RD LOMBARDY DR ELIZABETH LN BELLEMEADE DR SHARONDALE DR ERIN LN SOUVENIR DR BYRAM DR SOUTH DR ^ PROJECT SITE -Not to Scale--Not a Survey-Rev. 8/12/2019 LOCATION MAP Owner(s): Natalie A. B. & Roberto Jose Rodriguez Case: ANX2019-07017 Site: 1861 East Drive Property Size(Acres): ROW (Acres): 0.216 Land Use Zoning PIN: 02-29-15-16452-001-0030 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 261A To: Residential Low (RL) Low Medium Density Residential (LMDR) EAST DR EAST DR WEST DR WEST DR SUNSET POINT RD SUNSET POINT RD BELLEMEADE DR BELLEMEADE DR SHARONDALE DR SHARONDALE DR SOUTH DR SOUTH DR SOUVENIR DR SOUVENIR DR -Not to Scale--Not a Survey-Rev. 8/13/2019 Aerial Flown: 2019 AERIAL MAP Owner(s): Natalie A. B. & Roberto Jose Rodriguez Case: ANX2019-07017 Site: 1861 East Drive Property Size(Acres): ROW (Acres): 0.216 Land Use Zoning PIN: 02-29-15-16452-001-0030 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 261A To: Residential Low (RL) Low Medium Density Residential (LMDR) 25100087930 A 36 35 34 4 5 8 9 10 11 12 33 32 31 30 29 28 27 26 1645216470 16470 A B B C C 1 1234 12 11 10 9 25 24 23 22 21 5 6 7 8 9 8 7 1 2 3 4 5 6 10 11 12 1 2 3 4 5 6 7 8 9 31 30 29 28 27 26 25 24 23 22 32 33 34 35 36 37 38 39 40 41 DEED DISCREPANCY 1 EAST DR WEST DR SUNSET POINT RD BELLEMEADE DR SHARONDALE DR SOUTH DR SOUVENIR DR 157115691836 1839 1837 1833 1831 1840 16011863 1900 18811572 16121835 1908 1857 15801844 18571560 1857 1843 1835 1830 1832 1880 1880 1832 18531850 1832 1845 1840 1874 186216061566 15511841 1862 1838 1856 1868 1842 1867 1864 1859 1841 1838 1832 1864 1874 1834 16001861 1838 1868 1850 1860 1865 1845 1844 1851 1856 186915651869 1844 1844 1856 1835 1853 1839 1869 18561586 1828 1829 1836 15751620160915981879 1866 1833 1843 15601850 159015541862 18681555 1861 1828 1 1 1 1 1 1-Not to Scale--Not a Survey-Rev. 8/12/2019 EXISTING SURROUNDING USES MAP Owner(s): Natalie A. B. & Roberto Jose Rodriguez Case: ANX2019-07017 Site: 1861 East Drive Property Size(Acres): ROW (Acres): 0.216 Land Use Zoning PIN: 02-29-15-16452-001-0030 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 261A To: Residential Low (RL) Low Medium Density Residential (LMDR) Single Family Residential Single Family Residential Single Family Residential Multi-Family Residential Multi-Family Residential ANX2019-07017 Natalie and Roberto Rodriguez 1861 East Drive View looking east at subject property, 1861 East Drive. South of the subject property North of the subject property Across the street, to the west of the subject property View looking northerly along East Drive View looking southerly along East Drive Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#19-6776 Agenda Date: 10/14/2019 Status: Reported to CouncilVersion: 1 File Type: Action ItemIn Control: Information Technology Agenda Number: 10.1 SUBJECT/RECOMMENDATION: Authorize the piggyback of City of St. Petersburg Contract for Security Cameras, Installation, Maintenance, and Repairs, to GSA Security, Inc. of Tampa, FL; in the amount of $400,000 for the 3-year term expiring on June 24, 2022, pursuant to Clearwater Code of Ordinances Section 2.564(1)(d) Exceptions to Bid - Other Government Entities’ Bids and authorize the appropriate officials to execute same. (consent) SUMMARY: The scope of services to be performed includes procurement, installation, and activation of Axis IP cameras. The work includes, but is not limited to, supplying the cameras, materials, wiring installation, camera implementation and start-up, etc. Work will require the vendor to utilize a bucket truck or other form of personnel lift. Permits and removal of waste materials resulting from the installation of the cameras and mounting structures are the responsibility of the vendor. The City’s current population of camera’s is approximately 650 and is composed primarily of exterior facility security cameras. Future projects anticipated for this contract term include Station Square Park, Crest Lake Park, the new Clearwater Gas Complex and the Solid Waste Transfer Station. Work under this multi-year contract will be camera and related equipment/software installations at locations and facilities across the City. APPROPRIATION CODE AND AMOUNT: Installation of security cameras at other city facilities will be funded from various operating/capital codes as requested. USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 10/14/2019 a____st.petersburqwww.stpete.orgApril3,2019VIAE-MAILMattWurthnerGSASecurityInc4412WOsborneAveTampa,FL33614Re:NoticetoAwardRankingREPNo.7222SecurityCameras,Installation,Maintenance,andRepairsMr.Wurthner:TheCityofSt.PetersburghascompleteditsevaluationofREP:7222.Thefinalrankingfollows:1.GSASecurityInc2.AVIIntegrators,Inc.dbaSecurity101TheCitywillnegotiateacontractwiththehighestqualifiedfirm,GSASecurityInc.ShouldtheCitybeunabletonegotiateasatisfactorycontractwithGSASecurityInc,negotiationswillbeformallyterminated.TheCitywillthenundertakenegotiationswiththesecondmostqualifiedfirm.ThenegotiatedcontractwillthenbeapprovedbytheSt.PetersburgCityCouncil.Ifyouhaveanyquestions,pleasecontactTaraBrees,SeniorProcurementAnalyst,at727-551-3552ore-mailattara.brees@stpete.org.Sincerely,c7’vLouisMoore,FNIGP,CPPODirector,Procurement&SupplyManagementLM:tbCityofSt.PetersburgProcurement&SupplyManagementP.O.Box2842St.Petersburg,FL33731-28420:727-893-7220Rev(8/16) AGREEMENTTHISAGREEMENT,(“Agreement”)ismadeandenteredintoonthe25dayofJune,2019(“EffectiveDate”),byandbetweenGSASecurity,Inc.(“Contractor”)andtheCityofSt.Petersburg,Florida,(“City”)(collectively,“Parties”).WITNESSETH:NOW,THEREFORE,inconsiderationofthepromisesandcovenantscontainedherein,andothergoodandvaluableconsideration,thereceiptandadequacyofwhichareherebyacknowledged,thePartiesagreeasfollows:ContractorDuties.ContractorshallperformthescopeofservicessetforthinAppendixAofthisAgreement(“ScopeofServices”)fortheCityandprovidetheequipmentlistedinAppendixBofthisAgreementtotheCityonanas-neededbasisinfullandcompleteaccordancewiththisAgreement.Withoutlimitingthegeneralityoftheforegoing,Contractorshallprovideequipment,performtheinstallationofcameraenclosures,IPbasedcameras(bothinteriorandexterior)andwireless-bridgehardwarefortheCity,andprovidemonthlyrepairandtroubleshootingsupporttotheCityonanas-neededbasisinaccordancewiththisAgreement.AppendixAandAppendixBareattachedtothisAgreementandmadeaparthereof.UponreceiptofapurchaseorderissuedbytheCitytoContractorinaccordancewiththisAgreement(individually,“PurchaseOrder”andcollectively,“PurchaseOrders”),ContractorshallfurnishtheCitywiththeequipmentand/orservicesordered,totheextentsuchequipmentandservicesaresetforthinthisAgreement.2.AgreementComponents.A.TheagreementcomponentsarethisAgreement,theappendicestothisAgreement,theattachedCSPBPAFORMorCSPCPAFORM,asapplicable(“BPA/CPAForm”),anyPurchaseOrders,andthefollowingdocuments,whicharemadeaparthereofbyreference(“OtherDocuments”):(i)RFP#7222datedFebruary17,2019(“Document1”)(ii)Q&ADocumentdatedMarch7,2019(“Document2”)(iii)Quote9496datedMarch12,2019(“Document3”)B.IntheeventofaninconsistencyorconflictbetweenoramongthedocumentsreferencedinthisAgreement,thefollowingorderofprecedenceshallgovern:(i)thisAgreement,exclusiveofitsappendices,(ii)theappendicestothisAgreement,(iii)theBPA/CPAForm,(iv)PurchaseOrders,ifany,and(v)theOtherDocuments.IntheeventofaninconsistencyorconflictbetweenoramongtheOtherDocuments,theorderofprecedenceshallbetheorderthedocumentsarelistedabove(e.g.Document1shallgovernoverDocument2,Document2shallgovernoverDocument3,etc.).1 3.Term.TheinitialTermofthisAgreementshallbethreeyearscommencingontheEffectiveDate,unlessthisAgreementisearlierterminatedasprovidedforherein.TheCityreservestherighttoextendthisAgreementunderthesametermsandconditionsforone(2)-yearperiodattheendoftheinitialTerm,providedsuchextensionismutuallyagreeduponbybothPartiesinwriting.ReferencesinthisAgreementto“Term”shallincludetheinitialTermandallrenewalTerms.4.Ordering.TheCitywillissuePurchaseOrdersonanas-neededbasis.NothingcontainedhereinshallbeconstruedtoobligatetheCitytoissueanyPurchaseOrdersunderthisAgreement.Whenordering,theCitywillfurnishContractorwithaPurchaseOrdernumber;nameofdepartment;nameofpersonplacingtheorder,dateoforder;descriptionofequipmentandservicesordered;andanyrequiredschedule.5.Payment.A.ProvidedContractorfaithfullyperformsitsobligationscontainedinthisAgreement,theCityshallpayContractorfortheequipmentandservicesrenderedinaccordancewiththepricesforsuchequipmentandservicessetforthinAppendixBofthisAgreement(“Pricing”);provided,however,thattheCityshallnotberequiredtopayContractorforequipmentorservicesunlesstheyconformtotherequirementsofthisAgreement,andfurtherprovidedthatthetotalamountpaidtoContractorpursuanttothisAgreement,whichshallbeinclusiveofanyout-of-pocketexpenses(includingbutnotlimitedtotransportation,mileage,lodging,andmeals)shallnotexceedonehundredandsixtyseventhousanddollars($167,000)annually(“MaximumAnnualPrice”).ContractorshallinvoicetheCityforequipmentandservicesinaccordancewithproceduresestablishedbytheCity.ThePricingandtheMaximumAnnualPricemaybeincreasedonlyinstrictaccordancewiththisAgreement.B.ThePricingshallremainfirmfor12months.Afterthefirst12monthsoftheinitialTerm,adjustmentsinthepricessetforthinAppendixBforservicesshallnotexceedtheU.S.BureauofLaborStatisticsEmploymentCostIndex(“ECI”)percentchangeforthemostrecenttwelvemonthperiod(seehttp://www.bls.gov/),totalcompensationforPrivateindustryworkersinInstallation,maintenance,andrepair,12-monthpercentchange.SeriesID:C1U2010000430000A.Approvalofanypriceadjustmentwillestablishanewbaseprice,fromwhichsubsequentadjustmentswillbecalculated.AnyincreaseinthePricingshallbemadebymutualagreementbetweenthePartiesinwriting.Further,ContractorshallmaintaincompetitivepricesfortheTerm,andsuchpricesshallbecomparabletothoseprovidedtoothercustomersreceivingsimilarequipmentandservicesastheCity.6.Invoices.a.Allinvoicesshallbesubmittedtoap@stpete.organdshallcontainthefollowinginformation:2 1.City’sPurchaseOrdernumber;2.NameofContractor,3.Dateofpreparationofinvoice,4.Contractor’sinvoicenumber,5.AddresstowhichtheCityistosendpayment,6.Adescriptionoftheequipmentandservices,includingquantities,unitprices,andextensions,7.Discountpaymentterms,ifapplicable,and8.NameofrequestingCitydepartmentforwhomanyequipmentwasdelivered.b.ProvidedContractorisincompliancewiththisAgreement,theCityshallpayeachinvoicewithinthirty(30)daysafterreceiptofsuchinvoice.c.CashDiscounts.IntheeventtheCityisentitledtoacashdiscountforearlypaymentofinvoices,theperiodofcomputationforthecashdiscountwillcommenceonthedateoftheCity’sreceiptofaninvoicecompletedincompliancewiththisAgreement.Ifanadjustmenttopaymentisnecessaryduetodamagetoequipment,thecashdiscountperiodshallcommenceonthedatetheCityapprovestheequipmentinaccordancewiththisAgreement.7.DeliveryofEquipment.A.DateandLocation.AllequipmentorderedbytheCityinaccordancewiththisAgreementshallbedeliveredtotheshippinglocationsetforthinthePurchaseOrderinaccordancewiththedeliverydate(s)specifiedinthePurchaseOrder.TimeisoftheessenceastoContractor’sobligationtodelivertheequipmentinaccordancewiththisAgreement.B.Documentation.UnlessotherwiseagreedtobytheCityinwriting,alldeliveriesmadebyContractorpursuanttothePurchaseOrdershallbeaccompaniedbydeliveryticketsorsalesslipswhichshallcontainthefollowinginformation:(i)NameofContractor,(ii)PurchaseOrderNumber,(iii)Descriptionofequipmentdelivered(includingmodelnumberandCity’sinventoryitemnumberifapplicable),(iv)Quantityoftheequipment,and(v)Dateofshipmentoftheequipment.C.Default.IntheeventContractorfailstodelivertheequipmentinaccordancewiththedeliverydate(s)specifiedintheapplicablePurchaseOrder,theCitymayordersubstituteequipmentfromanothervendorandrecoverfromContractorasdamagesthedifferencebetweenthecostofcoverandthepriceofsuchequipmentunderthis3 Agreement,togetherwithanyincidentalorconsequentialdamages.FailureoftheCitytoeffectcoverdoesnotbaritfromanyotherremedy.8.InspectionsandAcceptanceofEquipment.A.Inspection.TheCityshallhavearighttoinspectanyequipmentprovidedbyContractortotheCityunderthisAgreementwithinareasonabletimenottoexceedten(10)businessdaysafterdeliverytodeterminewhethertheequipmentconformstotheSpecifications(asdefinedherein).B.Acceptance.TheCityshallaccepttheequipmentdeliveredpursuanttoeachPurchaseOrderifalloftheequipmentforthatPurchaseOrderfullyconformstotheSpecificationsandtherequirementsofthisAgreement.C.NonconformingGoods.TheCitywillgiveContractornotificationwithinfifteen(15)businessdaysaftertheCity’sreceiptoftheequipmentofanydiscoverybytheCityofnon-conformanceofanyoftheequipmentwiththeSpecifications(“Nonconformance”).ContractorshallcorrecttheNon-conformanceorexchangethedefectiveequipmentwithreplacementequipmentwithinareasonabletimemutuallyagreedtobytheParties,atnoadditionalcosttotheCity.Contractor’sfailuretotimelycorrectanyNon-conformanceisgroundsfortheCitytorejectandreturntoContractoranyorallequipmentdeliveredpursuanttotheapplicablePurchaseOrderatnoadditionalcosttotheCity.IntheeventtheCityrejectsanyoralloftheequipmentduetoNon-conformance,theCitymayordersubstituteequipmentfromanothervendorandrecoverfromContractorasdamagesthedifferencebetweenthecostofcoverandthepriceofsuchequipmentunderthisAgreement,togetherwithanyincidentalorconsequentialdamages.FailureoftheCitytoeffectcoverdoesnotbaritfromanyotherremedy.9.Indemnification.A.Contractorshalldefendatitsexpense,payonbehalfof,holdharmlessandindemnifytheCity,itsofficers,employees,agents,electedandappointedofficialsandvolunteers(collectively,“IndemnifiedParties”)fromandagainstanyandallclaims,demands,liens,liabilities,penalties,fines,fees,judgments,lossesanddamages(collectively,“Claims”),whetherornotalawsuitisfiled,including,butnotlimitedtoClaimsfordamagetopropertyorbodilyorpersonalinjuries,includingdeathatanytimeresultingtherefrom,sustainedbyanypersonsorentities;andcosts,expensesandattorneys’andexperts’feesattrialandonappeal,whichClaimsareallegedorclaimedtohavearisenoutoforinconnectionwith,inwholeorinpart,directlyorindirectly:(i)TheperformanceofthisAgreement(includinganyamendmentsthereto)byContractor,itsemployees,agents,representativesorsubcontractors;or4 (ii)ThefailureofContractor,itsemployees,agents,representativesorsubcontractorstocomplyandconformwithapplicableLaws(asdefinedherein);or(iii)AnynegligentactoromissionofContractor,itsemployees,agents,representatives,orsubcontractors,whetherornotsuchnegligenceisclaimedtobeeithersolelythatofContractor,itsemployees,agents,representativesorsubcontractors,ortobeinconjunctionwiththeclaimednegligenceofothers,includingthatofanyoftheIndemnifiedParties;or(iv)AnyrecklessorintentionalwrongfulactoromissionofContractor,itsemployees,agents,representatives,orsubcontractors;or(v)Contractor’sfailuretomaintain,preserve,retain,produce,orprotectrecordsinaccordancewiththisAgreementandapplicableLaws(includingbutnotlimitedtoFloridalawsregardingpublicrecords);or(vi)Anyinfringementorallegedinfringementoftheequipment,theCity’suseoftheequipment(providedthatContractorwasnotifiedoftheCity’sintendeduseorprovidedthatsuchuseiscustomaryforequipmentofthattype),oranymaterialscontainedintheequipmentuponanycopyright,trademark,patent,ortradesecretrightofanyparty.B.Theprovisionsofthisparagraphareindependentof,andwillnotbelimitedby,anyinsurancerequiredtobeobtainedbyContractorpursuanttothisAgreementorotherwiseobtainedbyContractor,andshallsurvivetheexpirationorearlierterminationofthisAgreementwithrespecttoanyclaimsorliabilityarisinginconnectionwithanyeventoccurringpriortosuchexpirationortermination.10.Insurance.A.Contractorshallcarrythefollowingminimumtypesandamountsofinsuranceatitsownexpense:(i)CommercialgeneralliabilityinsuranceinanamountofatleastOneMillionDollars($1,000,000)peroccurrence,TwoMillionDollars($2,000,000)aggregateinoccurrencesform.Thispolicyshallincludecoveragefor(i)personalinjuryordeathorpropertydamageordestruction;(ii)businessinterruption;(iii)firelegalliabilityintheminimumamountofOneHundredThousandDollars($100,000);and(iv)contractualliabilityunderthisAgreement.(ii)Automobileliabilityinsuranceof$1,000,000combinedsinglelimitcoveringallowned,hiredandnon-ownedvehicles.(iii)Workers’CompensationinsuranceasrequiredbyFloridalawand5 Employers’LiabilityInsuranceinanamountofatleast$100,000eachaccident,$100,000peremployee,and$500,000foralldiseases.B.AllofContractor’sinsurancepolicies,exceptWorkers’Compensation,shallnametheIndemnifiedpartiesasadditionalinsureds.C.AllpoliciesshallprovidethattheCitywillbeprovidednoticeatleastthirty(30)dayspriortoanycancellation,reductionormaterialchangeincoverage.D.ContractorshallprovidetheCitywithCertificatesofInsuranceonastandardACORDformreflectingallrequiredcoverage.AttheCity’srequest,Contractorshallprovidecopiesofcurrentpolicieswithallapplicableendorsements.E.AllinsurancerequiredshallbeprovidedbyresponsibleinsurerslicensedintheStateofFloridaandratedatleastA-inthethencurrenteditionofBest’sInsuranceGuide.F.ContractorherebywaivesallsubrogationrightsofitsinsurancecarriersinfavoroftheIndemnifiedParties.Thisprovisionisintendedtowaivefully,andforthebenefitoftheIndemnifiedParties,anyrightsorclaimswhichmightgiverisetoarightofsubrogationinfavorofanyinsurancecarrier.G.TheCityshallhavetherighttoreasonablyincreasetheamountorexpandthescopeofinsurancetobemaintainedbyContractorhereunderfromtimetotime.11.Notices.UnlessandtotheextentotherwiseprovidedinthisAgreement,allnotices,demands,requestsforapprovalsandothercommunicationswhicharerequiredtobegivenbyeitherpartytotheothershallbeinwritingandshallbedeemedgivenanddeliveredonthedatedeliveredinperson,upontheexpirationoffive(5)daysfollowingthedatemailedbyregisteredorcertifiedmail,postageprepaid,returnreceiptrequestedtotheaddressprovidedbelow,oruponthedatedeliveredbyovernightcourier(signaturerequired)totheaddressprovidedbelow.CITY:CityofSt.PetersburgProcurementandSupplyManagementDepartmentP.0.Box2842St.Petersburg,FL33731Phone:727-893-7027Attention:LouisMooreCONTRACTOR:GSASecurity,Inc.6 4412WOsborneAveTampa,FL33614Attn:MattWurthner12.Severability.ShouldanyparagraphorportionofanyparagraphofthisAgreementberenderedvoid,invalidorunenforceablebyanycourtoflawforanyreason,suchdeterminationshallnotrendervoid,invalidorunenforceableanyotherparagraphorportionofthisAgreement.13.DueAuthority.EachpartytothisAgreementthatisnotanindividualrepresentsandwarrantstotheotherpartythat(i)itisadulyorganized,qualifiedandexistingentityauthorizedtodobusinessunderthelawsoftheStateofFlorida,and(ii)allappropriateauthorityexistssoastodulyauthorizethepersonexecutingthisAgreementtosoexecutethesameandfullybindthepartyonwhosebehalfheorsheisexecuting.14.Assignment.ContractorshallmakenoassignmentofthisAgreementwithoutthepriorwrittenconsentoftheCity.AnyassignmentofthisAgreementcontrarytothisparagraphshallbevoidandshallconfernorightsupontheassignee.15.Termination.A.ThisAgreementmaybeterminatedatanytimebytheCityforconvenienceuponthirty(30)dayswrittennoticetoContractor.B.TheCitymayterminatethisAgreementuponwrittennoticetoContractorintheeventContractordefaultsonanyofthetermsandconditionsofthisAgreementandsuchfailurecontinuesforaperiodofthirty(30)daysfollowingnoticefromtheCityspecifyingthedefault;provided,however,thattheCitymayimmediatelyterminatethisAgreement,withoutprovidingContractorwithnoticeofdefaultoranopportunitytocure,iftheCitydeterminesthatContractorhasfailedtocomplywithanyofthetermsandconditionsofthisAgreementrelatedtosafety,indemnificationorinsurancecoverage.C.TheCitymayterminatethisAgreementasprovidedinFloridaStatutesection287.135.D.TerminationofthisAgreementshallactasaterminationoftheBPA/CPAForm,thePurchaseOrders,ifany,andtheOtherDocuments.16.GoverningLawandVenue.ThelawsoftheStateofFloridashallgovernthisAgreement.VenueforanyactionbroughtinstatecourtshallbeinPinellasCounty,St.PetersburgDivision.VenueforanyactionbroughtinfederalcourtshallbeintheMiddleDistrictofFlorida,TampaDivision,unlessadivisionshallbecreatedinSt.PetersburgorPinellasCounty,inwhichcasetheactionshallbebroughtinthatdivision.Eachpartywaivesanydefense,whetherassertedbymotionorpleading,thattheaforementionedcourtsareanimproperorinconvenientvenue.Moreover,theParties7 consenttothepersonaljurisdictionoftheaforementionedcourtsandirrevocablywaiveanyobjectionstosaidjurisdiction.17.Amendment.ThisAgreementmaybeamendedonlyinwritingexecutedbytheParties.18.EntireAgreement.ThisAgreementconstitutestheentireagreementbetweenthePartiesandsupersedesallpriorandcontemporaneousagreements,whetheroralorwritten,betweenthem.19.CompliancewithLaws.Contractorshallcomplyatalltimeswithallfederal,state,andlocalstatutes,rules,regulationsandordinances,thefederalandstateconstitutions,andtheordersanddecreesoflawfulauthoritieshavingjurisdictionoverthematteratissue(collectively,“Laws”),includingbutnotlimitedtoFloridalawsregardingpublicrecords.ContractorherebymakesallcertificationsrequiredunderFloridaStatutesection287.135.ContractorshallalsocomplywithallapplicableCitypoliciesandprocedures.20.ThirdPartyBeneficiary.NotwithstandinganythingtothecontrarycontainedinthisAgreement,personsorentitiesnotapartytothisAgreementmaynotclaimanybenefithereunderorasthirdpartybeneficiarieshereto.21.NoLiens.ContractorshallnotsufferanylienstobefiledagainstanyCitypropertybyreasonofanywork,labor,servicesormaterialsperformedatorfurnishedtoCityproperty,toContractor,ortoanyoneusingCitypropertythroughorunderContractor.NothingcontainedinthisAgreementshallbeconstruedasaconsentonthepartoftheCitytosubjectCitypropertyoranypartthereoftoanylienorliabilityunderanyLaws.22.NoConstructionagainstPreparerofAgreement.ThisAgreementhasbeenpreparedbytheCityandreviewedbyContractoranditsprofessionaladvisors.TheCity,ContractorandContractor’sprofessionaladvisorsbelievethatthisAgreementexpressestheiragreementandthatitshouldnotbeinterpretedinfavorofeithertheCityorContractororagainsttheCityorContractormerelybecauseoftheireffortsinpreparingit.23.UseofName.SubjecttotherequirementsofFloridalawsregardingpublicrecords,neitherpartyshallusetheotherparty’snameinconjunctionwithanyendorsement,sponsorship,oradvertisementwithoutthewrittenconsentofthenamedparty,exceptthatContractormayrefertotheCityinclientlist.24.Non-appropriation.TheobligationsoftheCityastoanyfundingrequiredpursuanttothisAgreementshallbelimitedtoanobligationinanygivenyeartobudget,appropriateandpayfromlegallyavailablefunds,aftermoniesforessentialCityserviceshavebeenbudgetedandappropriated,sufficientmoniesforthefundingthatisrequiredduringthatyear.Notwithstandingtheforegoing,theCityshallnotbeprohibitedfrompledginganylegallyavailablenon-advaloremrevenuesforany8 obligationsheretoforeorhereafterincurred,whichpledgeshallbepriorandsuperiortoanyobligationoftheCitypursuanttothisAgreement.25.CityConsentandAction.A.ForpurposesofthisAgreement,anyrequiredwrittenpermission,consent,acceptance,approval,oragreementbytheCitymeanstheapprovaloftheMayororhisauthorizeddesignee,unlessotherwisesetforthinthisAgreementorunlessotherwiserequiredtobeexercisedbyCityCouncilpursuanttotheCityCharterorapplicableLaws.B.ForpurposesofthisAgreement,anyrightoftheCitytotakeanyactionpermitted,allowed,orrequiredbythisAgreementmaybeexercisedbytheMayororhisauthorizeddesignee,unlessotherwisesetforthinthisAgreementorunlessotherwiserequiredtobeexercisedbyCityCouncilpursuanttotheCityCharterorapplicableLaws.26.Captions.CaptionsareforconvenienceonlyandshallnotcontroloraffectthemeaningorconstructionofanyoftheprovisionsofthisAgreement.27.BooksandRecords.Contractorshallprepareinaccordancewithgenerallyacceptedaccountingpracticeandshallkeep,attheaddressfordeliveryofnoticessetforthinthisAgreement,accuratebooksofaccount.AllbooksandrecordswithrespecttothisAgreementshallbekeptbyContractorandshallbeopentoexaminationorauditbytheCityfortheTermandfortheretentionperiodssetforthinthemostrecentGeneralRecordsScheduleGS1-SLforStateandLocalGovernmentAgencies.NothinghereinshallbeconstruedtoallowdestructionofrecordsthatmayberequiredtoberetainedlongerbythestatutesoftheStateofFlorida.28.Survival.AllobligationsandrightsofanypartyarisingduringorattributabletotheperiodpriortoexpirationorearlierterminationofthisAgreement,includingbutnotlimitedtothoseobligationsandrightsrelatedtoindemnification,shallsurvivesuchexpirationorearliertermination.29.ForceMajcure.Intheeventthateitherpartyheretoshallbedelayedorhinderedinorpreventedfromtheperformancerequiredhereunderbyreasonofstrikes,lockouts,labortroubles,failureofpower,riots,insurrection,war,actsofGod,orotherreasonoflikenaturenotthefaultofthepartydelayedinperformingworkordoingacts(“PermittedDelay”),suchpartyshallbeexcusedfortheperiodoftimeequivalenttothedelaycausedbysuchPermittedDelay.Notwithstandingtheforegoing,anyextensionoftimeforaPermittedDelayshallbeconditioneduponthepartyseekinganextensionoftimedeliveringwrittennoticeofsuchPermittedDelaytotheotherpartywithinten(10)daysoftheeventcausingthePermittedDelay.30.NoWaiver.NoprovisionofthisAgreementwillbedeemedwaivedbyeitherparty9 unlessexpresslywaivedinwritingsignedbythewaivingparty.Nowaivershallbeimpliedbydelayoranyotheractoromissionofeitherparty.NowaiverbyeitherpartyofanyprovisionofthisAgreementshallbedeemedawaiverofsuchprovisionwithrespecttoanysubsequentmatterrelatingtosuchprovision,andtheCity’sconsentrespectinganyactionbyContractorshallnotconstituteawaiveroftherequirementforobtainingtheCity’sconsentrespectinganysubsequentaction.31.PermitsandLicenses.Contractorshallberesponsibleforobtaininganyandallnecessarypermits,licenses,certificationsandapprovalswhichmayberequiredbyanygovernmentagencyinconnectionwithContractor’sperformanceofthisAgreement.UponrequestoftheCity,ContractorshallprovidetheCitywithwrittenevidenceofsuchpermits,licenses,certificationsandapprovals.32.SuccessorsandAssigns.ThisAgreementshallinuretothebenefitofandbeenforceablebyandagainsttheParties,theirheirs,personalrepresentatives,successors,andassigns,includingsuccessorsbywayofreorganization.33.Subcontract.ThehiringoruseofoutsideservicesorsubcontractorsinconnectionwiththeperformanceofContractor’sobligationsunderthisAgreementshallnotbepermittedwithoutthepriorwrittenapprovaloftheCity,whichapprovalmaybewithheldbytheCityinitssoleandabsolutediscretion.Contractorshallpromptlypayallsubcontractorsandsuppliers.34.RelationshipofParties.NothingcontainedhereinshallbedeemedorconstruedbytheParties,orbyanythirdparty,ascreatingtherelationshipofprincipalandagentorofpartnershiporofjointventurebetweentheParties,itbeingunderstoodandagreedthatnothingcontainedherein,noranyactsoftheParties,shallbedeemedtocreateanyrelationshipbetweenthePartiesotherthantherelationshipofindependentcontractorsandprincipalsoftheirownaccounts.35.ContractAdjustments.A.Eitherpartymayproposeadditions,deletionsormodificationstotheScopeofServices(“ContractAdjustments”)inwhatevermannersuchpartydeterminestobereasonablynecessaryforpropercompliancewiththisAgreement.ProposalsforContractAdjustmentsshallbesubmittedtothenon-requestingpartyintheformagreedtobytheParties.ContractAdjustmentsshallbeeffectedthroughamendmentstothisAgreementmadeinaccordancewiththisAgreement.B.ThereshallbenoincreaseinthePricingortheMaximumAnnualPriceonaccountofanyContractAdjustmentmadenecessaryorappropriateasaresultofthemismanagement,improperact,orotherfailureofContractororitsemployees,agentsorsubcontractorstoproperlyperformtheirobligationsandfunctionsunderthisAgreement.C.IntheeventContractorproposesaContractAdjustmentandtheCitydoesnot10 approvesuchContractAdjustment,ContractorwillcontinuetoperformtheoriginalScopeofServicesinaccordancewiththetermsandconditionsofthisAgreement.D.NotwithstandinganythingtothecontrarycontainedinthisAgreement,thereshallbenoincreaseinthePricingortheMaximumAnnualPriceexceptpursuanttoanamendmenttothisAgreementmadeinaccordancewiththisAgreement.E.TheCitymaymakeadditions,deletionsormodificationstoanyPurchaseOrderatanytimeuponmutualagreementoftheParties;provided,however,theCitymaymodifytheequipmentorderedunderaPurchaseOrderwithoutContractor’sconsentatanytimebeforeContractorsendssuchequipmentoutfordelivery.36.ServicesWarranties.Inadditiontoanyotherwarrantiesthatmayexist,ContractorwarrantstotheCitythattheservicesrequiredtobeperformedbyContractorpursuanttothisAgreementwillbeperformedinaworkmanlikemannerconsistentwithindustrystandardsreasonablyapplicabletotheperformanceofsuchservices.37.EquipmentWarranties.A.Scope.Inadditiontoanyotherwarrantiesthatmayexist,includingbutnotlimitedtoanywarrantiessetforthintheBPA/CPAForm,aPurchaseOrder(includinganyattachmentstosuchPurchaseOrder),andanywarrantiesofferedoracceptedbyContractorintheSolicitationDocuments,ContractorwarrantsthatasoftheCity’sacceptanceofanyequipmentprovidedbyContractortotheCityunderthisAgreement,theequipmentshall(i)conformtothespecificationssetforthinthePurchaseOrderoritsattachmentsorthespecificationssetforthintheSolicitationDocuments,ifany(“Specifications”);(ii)befreefromdefectsinmaterialsandworkmanship;and(iii)befitforthepurposeforwhichsuchequipmentareordinarilyemployedand,ifapplicable,forthepurposesetforthintheSolicitationDocuments.Contractorfurtherwarrantsthattheequipmentshallfunctionandperformproperlyforaperiodoftwelve(12)monthsaftertheCity’sacceptanceoftheequipment.TotheextentlongerwarrantyperiodsaresetforthintheBPA/CPAForm,aPurchaseOrder(includinganyattachmentstosuchPurchaseOrder),ortheSolicitationDocuments,suchlongerwarrantyperiodsshallapply.B.Remedy.IntheeventtheCitydiscoversduringtheapplicablewarrantyperiodthattheequipmentoranyportionorpartsthereofwerenotaswarranted,theCityshallnotifyContractorwithinten(10)businessdaysafterdiscovery,andContractorshallrepairorreplacethedefectiveequipmentorpartsatnocosttotheCitywithinareasonabletimemutuallyagreedtobytheParties.RepairorreplacedequipmentorpartsshallbewarrantedasnewequipmentiswarrantedpursuanttothisAgreement.38.TitleandRiskofLoss.TitletoandriskoflossinanyequipmentprovidedbyContractortotheCityunderthisAgreementshallremainwithContractoruntiltheCity’spossessionandacceptanceoftheequipmentinaccordancewiththisAgreement.11 39.ClearTitle.ContractorshalldeliverallequipmenttotheCitywithcleartitleandfreeofallliens,claims,orencumbrancesofanykind.40.Non-ExclusiveAgreement.ThisAgreementshallimposenoobligationontheCitytoutilizeContractorfortheprocurementofthistypeofequipmentandserviceswhichmaybeneededduringtheTerm.Thisisnotanexclusiveagreement.TheCityspecificallyreservestherighttoconcurrentlycontractwithothercompaniesforsimilarequipmentandservicesifitdeemssuchactiontobeintheCity’sbestinterest.41.ContractorPersonnel.TheCityreservestherighttorequireContractortoreplaceanypersonsperformingservicespursuanttothisAgreement,includingbutnotlimitedtoContractor’semployeesandanyaffiliates’orsubcontractors’employees,whomtheCityjudgestobeincompetent,careless,unsuitableorotherwiseobjectionable,orwhosecontinueduseisdeemedcontrarytothebestinterestsoftheCity.42.PublicRecords.A.Contractorshall(i)keepandmaintainpublicrecords(asdefinedinFlorida’sPublicRecordslaw)requiredbytheCitytoperformtheservicespursuanttothisAgreement;(ii)uponrequestfromtheCityClerk’sOffice,providetheCity(atnocosttotheCity)withacopyoftherequestedrecordsorallowtherecordstobeinspectedorcopiedwithinareasonabletimeatacostthatdoesnotexceedthecostprovidedunderFlorida’sPublicRecordslaworotherapplicableLaws;(iii)ensurethatpublicrecordsinContractor’spossessionthatareexemptorconfidentialandexemptfrompublicrecordsdisclosurerequirementsarenotdisclosedexceptasauthorizedbyapplicableLawsfortheTermandaftertheexpirationorearlierterminationofthisAgreement;and(iv)aftertheexpirationorearlierterminationofthisAgreement,attheCity’srequest,eithertransfer,atnocost,totheCityallpublicrecordsinContractor’spossessionwithinten(10)daysfollowingtheCity’srequestand/orkeepandmaintainanypublicrecordsrequiredbytheCitytoperformtheservicespursuanttothisAgreement.IfContractortransfersallpublicrecordstotheCityupontheexpirationorearlierterminationofthisAgreement,Contractorshalldestroyanyduplicatepublicrecordsthatareexemptorconfidentialandexemptfrompublicrecordsdisclosurerequirements.IfContractorkeepsandmaintainspublicrecordsupontheexpirationorearlierterminationofthisAgreement,ContractorshallmeetallapplicablerequirementsforretainingpublicrecordsinaccordancewiththisAgreementandallapplicableLaws.AttheCity’srequest,allpublicrecordsstoredelectronicallybyContractorshallbeprovidedtotheCityinaformatapprovedbytheCity.B.IFCONTRACTORHASQUESTIONSREGARDINGTHEAPPLICATIONOFCHAPTER119,FLORIDASTATUTES,ASTOCONTRACTOR’SDUTYTOPROVIDEPUBLICRECORDSRELATINGTOTHISAGREEMENT,CONTACTTHECITYCLERK’SOFFICE(THECUSTODIANOFPUBLICRECORDS)12 AT(727)893-7448,CITY.CLERK(iiSTPETE.ORG,OR175FIFTHST.N.,ST.PETERSBURGFL33701.C.NothingcontainedhereinshallbeconstruedtoaffectorlimitContractor’sobligationsincludingbutnotlimitedtoContractor’sobligationstocomplywithallotherapplicableLawsandtomaintainbooksandrecordspursuanttothisAgreement.(REMAINDEROFPAGEINTENTIONALLYLEFTBANK)13 CITYOFST.PETERSBURG,FLORIDA:ATTESTBy:LouisMoore,CPPO,DirectorProcurement&SupplyManagementProvisionsofContractApproved:By:Print:ttE_1TApprovedastoFormandContent:CityAttorney(Designee)00455730ProjectManager147INWITNESSWHEREOFthePartieshavecausedthisAgreementtobeexecutedbytheirdulyauthorizedrepresentativesonthedayanddatefirstabovewritten.By:WITNESSESBZ6Print:MattWurthnerTitle:COO (AcknowledgmentofContractor)StateofFloridaCountyofHilisboroughss:CityofTampaTheforegoingAgreementwasacknowledgedbeforemethis25dayofJune,2019,byMaUWurthner,COOofGSASecurityInc(“Company”),onbehalfoftheCompany.He/Sheispersonallyknowntomeandappearedbeforemeatthetimeofnotarization.MattWurthnerwarrantsthathe/sheisauthorizedbytheCompanytoexecutetheforegoingAgreement.NOTARYPUBLIC:(SEAL)ELIZABETHAWATSONNotaryPublic-StateotFloridaCommissioneFF997592Mycommissionexpires:MyComm.ExpkisJun1.202015 AppendixAScopeofServicesTheCityoperatesaprivatewide-areaIPdatanetwork.Thisnetworkiscomprisedofseveraltechnologiesincludingcity-ownedfibercable,CATxcableandvariouswirelesslinks.Inaddition,thecityoperatesanumberofremotelocationsthroughoutthecity.Thesespecificremotesitesarecurrentlyconnectedtothecorecitynetworkviacable,fiberorcity-ownedpoint-to-pointwirelesssystems.Alloftheremotelocationsusestandards-basedVirtualPrivateNetwork(VPN)technologytosecurethecity’sdataasittraversesthenetworkservices.ThecityhasanumberofIP-basedcamerasystemsdeployed.Thesesystems,includingsite-to-siteconnectivity,cameramanagementandcontrol,andvideostoragearecurrentlymanagedbycitypersonnel.TheCitycurrentlyusestwomanagementplatformsforvideorecordingandstorage:MilestoneXProtectEnterpriseIPVideoManagementandGenetecSecurityCenteriPVideoSurveillanceSolution.Bothoftheseplatformsareconfiguredineitheradistributed-serverarchitectureorcentralizedarchitecturewherepossible.Contractorshallperformtheinstallationofcameraenclosures,IP-basedcameras,bothinteriorandexterior,and,ifneeded,wireless-bridgehardware.Contractorshallperformtheinstallationofallperipheralhardwarerequiredtocompletetheinstallation.TheCitymayelecttoprovideallhardwareappliancesincludingcameras,cameraenclosures,light-assistsystems,networkswitches,Power-over-Ethernet(PoE)injectors,surge-suppressors,andwirelessbridgesorrequesttheContractortoprocurethehardware.ThecontractorshallberequiredtoprovidealladditionalmiscellaneousmountinghardwarethatwasnotprovidedorpurchasedfromContractorbytheCitytocompletetheinstallationofcameras,cameraenclosures,light-assistsystems,networkswitches,PoEinjectors,surgesuppressors,and/orwirelessbridgeappliances.TheContractorshallalsoberequiredtoprovideallelectricalwiring,low-voltagewiring,andfibercablingnecessarytocompletetheinstallation.ContractorshallprovideaminimumoftenhoursofmonthlysupportpermonthasneededbytheCity.TheCitycurrentlyhasover250camerasinstalled,anditisestimatedthatapproximately25additionalcameraand/orwirelessbridgeinstallationswillberequiredoverthecourseofthenextyear.Thesesinstallationswillbeatlocation(s)identifiedbytheCity.ContractorResponsibilitiesAtaminimum,Contractorshallprovideandmeetthefollowingrequirements:a.ContractorshallprovideadesignatedaccountmanagerwhowillserveasthesinglepointofcontactfortheCity.Theaccountmanagershallbereadilyavailableduringnormalbusinesshourstoadministertheproject.b.Contractorshallhaveabucket-truckavailablewithanoperatorcertifiedtofollowallsafetystandardsinbucket-truckoperation. c.Contractorshallbeanauthorizeddistributorforcamerasandaccessories.Contractorshallprovideproofofauthorizeddistributorstatusforeachmanufacturerlisted.d.ContractorshallbecertifiedinGenetecSecurityCenterandanauthorizedreseller.e.ContractorshallprovideaminimumoftenhoursofmonthlysupportpermonthasneededbytheCity.f.Contractorshallhavetechniciansthatarecertifiedandauthorizedbymanufacturertoperformworkoncameras.Contractorshallprovideproofoftechniciancertificationforeachmanufacturer.g.Contractorshallbeknowledgeablein802.11wirelesstechnologiesincludingwirelessbridgeinstallationandalignment.h.Contractorshallperformobtaininganypermitsthatmayberequiredtocompletethetask.ContractorshallmaintainqualifiedindividualsthroughoutthetermandrenewalperiodoftheAgreement.FailuretodosowillresultinAgreementtermination.j.ContractorshallnotifytheCitywhenkeypersonnellistedintheVendorQuestionnairearenolongerassignedtothisAgreement.TheContractormustforwardtotheCity,forwrittenapproval,thequalificationsandexperienceofallreplacementsofkeypersonnel.k.TheContractorshallcertifythatallpersonnelassignedtoperformservicesunderthisAgreementaretrainedandarecapableofsplicing50/125and62.5/125fiberopticcable,single-modeandmulti-modecableandinstallingST,SC,SMA,FCconnectors.TheContractorshallcertifythatallpersonnelassignedtoperformservicesunderthisAgreementaretrainedandcapableofinstallingandcrimpingCAT6cableontoRJ-45connectors,110blocks,and66blocks.m.TheContractorshallprovidea“BICSI”andRegisteredCommunicationDistributionDesigner(“RCDD”)certifiedProjectManagertooverseeinstallationonprojectsgreaterthan$5,000.n.TheContractorshallprovidecopiesoftheSt.PetersburgandPinellasCountyOccupationalLicensespriortoawardoftheAgreement.TheContractorshallmaintaintheselicensesthroughoutthedurationofthetermoftheAgreement.o.Contractorshallsubmitevidenceofacertificationasalimitedenergy(lowvoltage)specialistlicensurethroughtheStateofFlorida,PinellasCountyandtheCityofSt.Petersburg.p.ContractorshallmaintaintheselicensuresthroughthetermofthisAgreement.q.ContractorshallseekapprovalfromtheCity,inwriting,tousesubcontractorspriortoaward.r.ContractorshallnotchargedamagestotheCityforsubcontractorand/oritsownnegligence.Contractorshallperformimmediatecorrectiveactionattheirownexpense.s.Contractorshalltakenecessaryprecautiontopreventworkfrombeingexposedtodamage,elementsandinjury,untiltheCityacceptswork.t.Contractorshallperformwork,withlittletonointerference,toprivatebusinessesorpublictravel.u.Contractor,atitsownexpense,shallprovideandmaintainbarricadesandlightsfortheprotectionoflifeandpropertyatworksite.v.Contractorshallbeliableforalldamages,asaresultofnegligencebytheContractor,subcontractor,employees,orreps.w.Contractorshallmeetnoiseabatementstandards: (1)Contractorshallnotexceed80dBAbetweenthehoursof7:00a.m.and6:00p.m.,nearresidentialorcommercialpropertylines.(2)Contractorshallavoidequipmentoperationbetweenthehoursof6:00p.m.and7:00a.m.,butifrequirednoiselevelsshallnotexceed65dbA.x.ContractorshallnotcommenceworkuntiltheDepartmentofTechnologyServices(DoTS)issuesawrittennoticetoproceed.y.ContractoragreesthattheCityreservestherighttoremoveanysubcontractorworkingataCityfacility.Contractorshallremoveanyrejectedsubcontractorfromthepremisesimmediately.Contractorshallreplacetherejectedsubcontractorbythenextbusinessday.z.Contractorshallnotremoveemployeesfromonejobtoworkonanotherjob,withoutCityProjectManagerapproval,onceworkhasbegun.aa.TheContractor’sservicesperformedattheWaterResourcesDepartmentmustmeetstandardsandaddendaissuedbytheDivisionofWaterSupplyConstructionStandards(forPublicUtilitiesequipment).2.City’sResponsibilitiesTheCityshallberesponsibleforthefollowing:a.Cityshallprovideasinglepointofcontact(CityProjectManager)tomonitorandadministertheAgreement.b.CityshallprovideContractorwithdesignoverviewpriortostartofinstallation.c.Cityshallperformtheconfigurationandmaintenanceofbothmanagementplatformsforvideorecordingandstorage:MilestoneXProtectEnterpriseandGenetecSecurityCenterIPVideoSurveillanceSolution.d.CityshallperformasitesurveywithContractortoidentifyexactcameralocationspriortoinstallation.e.CityshallprovideaconfigurationtemplateforeachIPcamerathatwillbeinstalled.f.Cityshallprovideaconfigurationtemplateforeachwirelessbridgethatwillbeinstalled.g.CityshallprovideContractorwithaccesstoallinstallationlocations.h.CityshallcontactContractortosettheimplementationmeetingdateandtime.Cityshallprovideassistanceduringanyandalltestsandinspections.j.Cityshallberesponsibleforthemaintenanceandrepairofthenetworkcomponentsintheinstallation.k.CityshallberesponsibleformonitoringandloggingContractor’sstartandstoptimesforeachproject.I.CityshallprovideContractortrafficcontrolservicesduringinstallation,maintenanceorrepairsforsecuritycameras.Thecity’sDoTSDepartmentshallcoordinatewiththecity’sTrafficOperationsDivisionoftheStormwater,PavementandTrafficOperationsDepartmentforthisrequirement.Contractormustbeontimeforscheduledinstallations,maintenanceandrepairstominimizethedepartments’timeduringthisrequirement.3.AccountManagementContractorshallprovideanAccountManager,whowillbereadilyavailableduringnormalbusinesshourstoadministertheAgreement.ContractorisresponsiblefornotifyingtheCitywithanychangesinaccountmanagerorcontactinformation.AccountManager’s responsibilitiesshallinclude,butarenotlimitedto,overseeingallaspectsofimplementation,servicing,reporting,andissueresolution.6.MinimumSystemFunctionalitiesContractormustmeetspecificationsforcamerainstallationsinregardtosafetyandstability.Specificationswillbespecifiedonaper-projectbasis.7.AcceptanceTestinga.TheContractorshallassumeresponsibilityforthefollowingAcceptancetesting.AcceptanceTestingwillconsistofthefollowing:(1)NetworkServicesanalystwilldetermineifnetworkconnectivityhasbeenestablished.NetworkServicesanalystwillsendfifty1500-bytepingsfromthemanagedswitchclosesttotheinstalleddeviceandatleast90%percentofthesepingsmustbesuccessfulwitharound-triptime(RTT)ofnomorethan1ms.ContractorshallworkwithNetworkServicesanalysttoresolveanyproblemswiththeresultsofthistest.(2)NetworkServicesanalystwillverifythatthesignallevelforanywirelessbridgenetworkisacceptable(SNRgreaterthanorequalto-60db).ContractorshallworkwithNetworkServicesanalysttofine-tuneeachwirelessbridgetoachievethissignalstrengthgoal.(3)NetworkServicesanalystwillinstructcontractorastothecorrectalignmentofeachcameratoachievetheviewrequestedbyend-user.ContractorshallworkwithNetworkServicesanalysttofine-tuneeachcameraasitisinstalled.8.MinimumEquipmentandTechnologyFunctionalityContractor’shardwareshallberatedforahighlevelofdurabilityandruggednessinharshphysicalandenvironmentalconditions.9.Pricing,Time&Materialsa.Costplusanot-to-exceed10%markupshallbechargedtothecityfortheitem(s)usedduringmaintenanceandrepairstosecuritycameras.b.ContractorshallprovideanitemizedinvoiceofitemsusedwithMSRPpriceand10%markup.c.Contractorshallhavesufficientinventoryofhigh-use/expendableitemstoexpediterepairsthatshallbereadilyavailable.d.Contractorshallbillthecitybasedonthelaborratesspecifiedforeachtrade/servicelistedinAppendixB.Laborratesshallincludelabor,tools,equipment,travelexpensestoandfromjobsite,andoverhead.Overheadratesshallincludeadministrativecosts,inventory,handling,andmaterialpurchases.10.Permits a.Contractorshallatitsexpense,obtainallpermitsandlicensesandpayallchargesandfeesnecessaryfortheperformanceofthisAgreement,andshallgiveallpublicnoticesnecessaryforthelawfulperformanceofthisAgreement.b.Contractorshallbereimbursedforallpermits.Contractshallinvoicethecityandacopyofthepermitshallbesubmittedwiththeinvoice.c.Contractorshallpayallapplicabletaxes,levies,dutiesandassessmentsofeverynaturedueinconnectionwithanyworkunderthisAgreement,shallmakeanyandallpayrolldeductionsrequiredbylaw,andshallindemnifyandholdharmlesstheCityfromanyliabilityonaccountofanyandallsuchtaxes,levies,duties,assessmentsanddeductions.11.WrittenEstimatesa.ContractorshallsubmittotheCityawrittenestimateofeachjobpriortocommencementofservices.PricingshallbebasedonContractor’ssubmittedpricingaslistedinAppendixB.b.ContractorshallprovideallwrittenorverbalestimateswithintwobusinessdaysatnochargetotheCity.c.ContractorshallobtainwrittenapprovalfromtheDoTSDepartmentforanychangeorderstoexistingworkordersincluding,butnotlimitedto,changestocostorscopepriortoperformanceofadditionalwork.12.Check-InandCheck-Outa.Contractorshallcheck-inwiththeProjectManagerand/orMaintenanceSupervisor/Coordinatorpriortocommencingworkatthejobsite.AtthattimetheProjectManagershallnotethestarttimeofservices.b.Contractorshallcheck-outwiththeProjectManagerand/orMaintenanceSupervisor/Coordinatorafterthejobiscompletedand/orattheendoftheworkday.AtthattimetheProjectManagershallnotetheendtimeofservices.13.ResponseTimea.Contractorshallcallbackorcontacttherequestingcityrepresentativeforallservicecallswithinthree(3)businesshours.b.Contractorshallbeon-sitewithineight(8)businesshoursinresponsetorequestsformaintenanceandrepairs.c.Contractor’srepeatedfailuretorespondtoaservicecallwithinthedesignatedtimeshallbeconsideredvalidreasonforterminationofthiscontractwithwrittennoticetotheContractor.d.Intheeventthatthecontractor(s)shallnotcomplywithinthestatedtime,theCityreservestherighttocallanyqualifiedcontractortomakethenecessaryrepairs.Thecontractorshallpayforanychargesforthisservice.14.CallbackFollow-uporcall-backworktocorrectproblemsresultingfromcontractor’simproperrepairs,installationofsubstandardpartsfurnishedbyContractor,faultyworkmanshipbythecontractor,orimproperinstallationofpartsfurnishedbythecityshallbesolelyatContractor’sexpense. 15.ScopeofServicesandTechnicalRequirementsforSecurityCameraandWirelessBridgeInstallations,Configurations,MaintenanceandRepairsa.Configuration(1)ContractorshallperforminitialconfigurationofIP-basedcamerahardwarebasedonatemplateprovidedbyCitydesignteam.(2)ContractorshallperforminitialconfigurationofwirelessbridgehardwarebasedonatemplateprovidedbyCitydesignteam.b.Installation(1)Contractorshallperformphysicalcamerainstallations,bothinteriorandexterior.(2)Contractorshallperforminstallationofexteriorcameraenclosures.(3)Contractorshallperforminstallationofwireless-bridgehardware.(4)Contractorshallperforminstallationoflight-assisthardwareasneeded.(5)Contractorshallperforminstallationofsurge-suppressionhardwareasneeded.(6)ContractorshallperforminstallationofPoEinjectorhardwareasneeded.(7)Contractorshallperforminstallationofallnetworkswitchhardwareasneeded.(8)Contractorshallinstallallhardwareinaccordancewiththemanufacturer’sspecificationsandincompliancewithallapplicablelocal,state,andfederallaws,municipalcodes,ordinances,regulations,anddirectionofinspectorsappointedbyproperauthoritieshavingjurisdiction.Ifthereareviolationsofcodes,theContractorshallcorrectthesituationatnocosttothecity.Workingconditionsmustmeettheinstallationindustrystandardsforsafetyandworkproceduresandprotectionofpropertyestablishedbyprevailingrules,regulations,ordinances,andcodes.(9)Contractorsshallprovidealllabor,materials,supervision,tools,equipment,andvehiclesnecessarytoinstallIPvideosurveillancecamerasandwirelessbridgingappliancestoinclude:(a)Allmiscellaneousmountinghardware(nuts,bolts,brackets,pipes,etc.notprovidedbytheCity)formountingeitheracameraoracameraenclosure.(b)Allmountinghardware(nuts,bolts,brackets,pipes,etc.notprovidedbytheCity)formountingwirelessbridgeappliances.(c)Customizationofbracketsand/ormountinghardwaretoaccommodateuniqueinstallationsituations.(d)CAT6cable,cable-constructionandtestingtools.(e)Indoor-ratedoroutdoor-rated(dependingoninstallation)solid-wireelectricalwireofthecorrectgaugeandlengthforconnectionofaNEMAboxtoa120VACelectricalpowersource.(f)Ladders,safetyharnesses,etc.(g)Buckettruckorequivalentasrequired.(10)Contractorshallberequiredtoprovideandinstallconduit(rigidorflex)asnecessarytosecurethefinalconnectiontoIPcameraorwirelessbridge.(11)Contractorshallberesponsibleforattachingnetworkcablingtocameras,connectingelectricalpowertocamerasandNEMAboxes(asneeded), providingelectricalgroundingforallexteriorinstallations,cablingsurgesuppressionequipment,andrelatedinstallationactivities.(12)Contractorshallberequiredtoinstallhardwareasfollows:(a)InstallNEMAboxifrequired.(b)ConnectNEMAboxto120VACpowersource.(c)Installcameramountorwirelessbridgemount.(d)Installcameraontomountorinstallwirelessbridgeontomount.(e)Whererequired,installconduit(eitherrigidorflex)fromwallopeningorNEMAboxtocameraorwirelessbridge.Conduittobeprovidedbycontractor.(f)ThreadCAT6cablefromwallopeningorNEMAboxthroughconduitandconnecttocameraorwirelessbridge.(g)Ifnecessary,contractorshallremoveRJ45connectorfromcabletocompletethisstep.(h)IfRJ-45hasbeenremovedbycontractor,contractorshallreterminateRJ45connectorafterCAT6cablehasbeenthreadedthroughconduitandcamerahousingorwirelessbridgehousing.(i)Contractorshallre-testtheCAT6cablepriortomakingfinalconnection.(13)CompleteconnectionofRJ-45connectoronCAT6cableintocameraorwirelessbridgeNIC.(14)Installelectricalgroundingcablingfromcameraorwirelessbridgemountinghardwaretoearthgroundasnecessary.(15)TheDoTSDepartmentstaffshallbepermittedtoobserve,participatein,orassistwith,theinstallationofthesystem.Thisshallnotvoidoraffectthewarrantyinanyway.c.Fine-tuningandTroubleshooting:(1)Contractorshallworkwithcitypersonneltoadjustandfine-tuneeachcameraandeachwirelessbridge.Thisworkmayberequestedforeithernewinstallationsorexistingcamerainstallations.Thecontractor’sresponsibilitiesareasfollows:(a)ScheduleatimetomeetonsitewithaCityofSt.PetersburgNetworkServicesanalyst.(b)ContractorshallworkwiththeNetworkServicesanalysttoresolveanynetworkconnectivityorhardwarefailureissues.(c)WorkwiththeNetworkServicesanalysttogetthebestpossiblegainonwirelessantenna.SignalstrengthwillbemonitoredbyNetworkServicesanalyst.(d)WorkwiththeNetworkServicesanalysttoadjustandfine-tunetheviewdetectedbyIPcameratomatchtheviewrequestedbyend-user.(e)Tightendownconnectionsfromwirelessbridgeorcameratothemountinghardwarefollowingthefinaladjustment.(2)Contractorshallinstallsurge-suppressionequipmentin-linetothewirelessbridgeinstallationand/orcamerainstallationasneeded.(3)Contractorshallinstallpropergroundingofallexternalhardwareinaccordancewithmanufacturer’swritteninstructionsandwithrecognized industrypracticestoensurethatgroundingisincompliancewithNationalElectricalCode(NEC)specifications.16.ScopeofServicesandTechnicalRequirementsforLowVoltageServicesinclude,butarenotlimitedto,thefollowinglowvoltageservices:a.Commercialcabling,lowvoltageservicestocoverCity-owned-leasedfacilitiesinrespecttocamerainstallationandsupportincludethefollowing:(1)TheContractorshallfurnishandinstallcopperandfiberopticcableinsideandoutsideofCity-ownedfacilities.(2)TheContractorshallprovidetestingforcopperandfiberopticcableinsideandoutsideofCity-ownedfacilities.b.TheContractorshallprovideinstallationservices,repairservices,alterations,additions,anddesignofcabling,raceways,andconduitforthepurposeoftransmittingdataorotherlowvoltagerequirements,asystemoftelecommunications,includingcomputers,telephonecustomerpremisesequipmentorpremisescabling.c.TheContractorshallprovideallcablingproductsthatmeetIEEEspecifications.TheContractorshalladheretoBuildingIndustryConsultingServiceInternational(“BICSI”)andOSHAregulationsforallinstallations.Theinstallationsshallbeproperlysupportedfromthebuilding’sstructuralelements,independentofanydropceilingsorothersuspendedbuildingsystems.d.AllcableproductsshallbeUL(UnderwritersLaboratory)testedandcertified.e.Acceptance(1)AllCategory6cablingshallmeettheEINTIA-568-B.2ormostcurrentstandardsandtestto250MHz.AlltestdatawillberecordedandprovidedtotheCity.(2)AllfiberopticcablewillbeCorningfiberopticcable.IfContractorswishtopresentanothercablemanufacturerthenthecableshallhavespecificationsthatareequivalenttoorexceedtheCorningfiberopticcable.Allfiberopticcablewillbetestedforlighttransmissionat850and1300nm.Allstrandswillbetestedwithatestermeetingthecurrentstandardssetforth.AlltestdatawillberecordedandprovidedtotheCity.(3)All120VACelectricalwiringshallmeetcurrentelectricalstandardsforelectricalwiringinstallationsf.FireWallsandStops(1)TheContractorshallnotdrill,sleeveorpenetrateanyfirewallsorfirestopsinanyCityfacilityunlessspecificallyrequestedinwritingbytheCity.(2)Thefacility,whereservicesarebeingperformed,shallprovideacompleteendtoendconduitandcablepathincludingallsleevesinfirewallsandfirestops. (3)TheContractorshallprovideallfirestopmaterialsandproperlyapplyitintheCitysuppliedsleeves.(4)TheContractorshallonlyusematerials,equalorgreaterinratingthanthewallorsurfacepenetrated,thatconformtotheCitycode.(5)TheContractorshallobtainafullyexecutedpermitfromtheCityforfirewallsorfirestopspenetratedbytheContractorwithoutwrittenpermissionfromtheCity.(6)TheContractorshallpayallfinesofcodeviolations.TheCitywillnotreimbursetheContractorforcodeviolationfines.(7)TheContractorshallprovidesleevingthroughregularwalls(non-firestop).(8)TheContractorshallprovideeven,professionallypatchedwallreplacement,matchingthebasewallcoveringorcoatingandusematchingcoverand/orwallplates,whenapplicable,forallsleeves.(9)TheContractorshallnotusecoverand/orwallplatestohidepoorpatchedorun-patchedsleeves.(10)TheContractorshallhavetheoptiontouseexternalPanduitforblockwallthatcannotbe“fished”,withthewrittenapprovaloftheusingdepartmentorFacilityManager.(11)Thefacilityshallprovideacablepath(conduit)todesiredservicelocations,ifPanduitisnotacceptable.(12)TheContractorshallinstallallexposedconduit/racewaysinaneatandworkmanlikemanner.Allconduit/racewayshallbemechanicallyfastenedtothesupportstructure.(13)TheContractorshallappropriatelyfillallwallpenetrationswithmaterialappropriateforthepurpose.AllfirewallpenetrationsaretobespecificallynotedandreportedtotheCity’sProjectManager/ContactPersonforthejobforinspection.Intheeventthatanexistingpenetrationthatwasnotpreviouslyfilledisreused,theContractorshallsealthatpenetration.g.Tools,EquipmentandMaterials(1)TheContractorshallown,maintainandsupplyallequipment,tools,andmaterials,includingtestequipment.(2)TheCityshallnotreimbursetheContractorforanytools,materialsorequipmentnecessarytocompleteanyjob.(3)TheCAT6cablejacksshallbeofnewqualityorbetterandfreefromalldefects.(4)Thelow-voltagecableshallbeCategory6UTP,four(4)paircable.(5)Thefiberopticcableshallbe50/125multi-mode.Multi-modecableshallincludeallmulti-modefiberopticcabletobeCorning50/125Micronfiberorequivalent.Themulti-modecableshallmeetspecificationsinthemostcurrentpublicationoffiberdetailsTIAIEIA492AAAC,IEC60793-2-10Ed.2.0,TypeAla.2fiberandISO/IEC11801Type0M3fiber.TheContractorshallalsoinstall62.5MicronfiberwithCorningglassuponrequestwheretie-instoexistingsystemsdictateoratthedirectionoftheCity.(6)Thefibershallbepurchasedfromthefollowingmanufacturers:(b)Mohawk(c)Corning(d)0CC (e)Berk-Tek(7)ThefiberinstalledoutsideofthebuildingshallberatedforOSP.(8)AllfibershallbeterminatedwithSTstyleconnectors,unlessotherwisespecified.(9)TheContractorshallnotsubstitutematerialswithout,priorapprovalissuedinwritingbytheCity.h.Testing(4)TheContractorshallownorleasetestequipmentusedfortestingthefiberopticelectrical,andCat6cable.(5)ThetesterusedbytheContractorshallmeetcurrentEIA/TIAstandardsforCat6andFiberOpticcablingandcurrentelectricalstandardsforelectricalcabling.(6)TheContractorshallprovidetheCitytestresultsinanelectronicformat,i.e.XML,HTMLorE-MAIL.AdditionalServicesForadditionalrequestedservicesand/oritemsnotspecificallylistedwithinAppendixB,theContractorshallchargetheCitythecostplusafixed10%markup.TheContractorshallsubmitaseparateinvoiceforadditionalrequestedservices.Thetypicaladditionalrequestedservicesand/oritemsinclude,butarenotlimitedto:(1)Patchpanels(2)Innerduct(3)66blocks(4)110hardware(5)Fiberenclosures(6)DataRacks17.Non-Performancea.IfContactorisfoundinnon-performancepertheAgreementrequirementsandresponsibilities,and/orfailstosatisfactorilyremedyorcurenon-performance,theContractAdministratorwillfileavendorcomplaintreportwiththeProcurementDepartment.TheProcurementDepartmentwillnotifytheContractorinwriting.Contractorshallreplyinwritingwithinten(10)businessdayswithdetailedcorrectiveactiontoremedythenon-performance,includingCompletionDeadlinedateandtime.Follow-uporcall-backworktocorrectsuchnon-performanceshallbesolelyatContractor’sexpense.b.ContractAdministratorshallconductinspectionimmediatelyafterCompletionDeadlineandadvisetheProcurementDepartmentinwritingregardingsatisfactoryresolutionorofanyremainingdeficiencies.c.IfContractorfailstoremedyorcuredeficienciesidentifiedinavendorcomplaintreportbytheCompletionDeadline,theCitymaydeductthecostsfrompaymentofContractorinvoicestoobtainserviceelsewhere. d.IntheeventtheContractorconsistentlyfailstoperformpertheAgreementrequirements,theCitymayterminateagreementwithcauseandContractormayberemovedfromthebidder’slistforuptoathree-yearperiod.18.Safetya.ContractorshallberesponsibleforensuringthatContractor’sstafffollowallestablishedsafetyregulationspertainingtotheworktobeperformedperOSHAand/orCitystandards.b.Contractor’semployeeswillkeepdoorsclosedandlockedwhileservicingfacilitiesafterhoursorwheninstructedbyFacilityManagerorRepresentative.19.AdditionandDeletionofServiceLocationsa.CityreservestherighttoaddordeleteservicelocationsatanytimeduringthetermoftheAgreement.Contractorshallvisitnewsitesandprovideaquoteforservice(s)withinfivebusinessdaysofrequestbytheCity.UponwrittenapprovalfromtheCityProjectManager,Contractorshallbeginservicingnewlocationswithin10businessdaysofthedateofthewrittennotice.WrittennoticeshallbemadeviaelectronicPurchaseOrderfromtheProcurementandSupplyManagementDepartment.b.ContractorshallprovideservicesatallrequestingCitylocations,includingbutnotlimitedtocityfacilitieswhicharemanagedbythirdpartyfirms.Uponrequestbythemanagementfirm,Contractorshallprovideservices,billedtothethirdpartymanagementfirm,atthesamepricesextendedtothecityunderthisAgreement.20.EscalationandDe-escalationAllprices(“baseprices”)shallremainfirmforthefirst12monthsoftheagreementterm.Afterthefirst12months,adjustmentsinpricesshallnotexceedtheU.S.BureauofLaborStatisticsEmploymentCostIndex(“ECI”)percentchangeforthemostrecenttwelvemonthperiod(seehttp://www.bls.ciov/),totalcompensationforPrivateindustryworkersinInstallation,maintenance,andrepair,12-monthpercentchange.SeriesID:C1U2010000430000A.Approvalofthepriceadjustmentwillestablishanewbaseprice,fromwhichsubsequentadjustmentswillbecalculated.21.ExcessMaterialAnymaterialorequipmentpurchasedbytheContractorunderthisprojectwhichissubsequentlyeliminatedorreplacedinthedesignrequirementspriortoprojectcompletionwillberetainedbytheContractor.Contractorshallissuefullcredit,providedtheitemsareinsaleablecondition.AnyshippingchargesresultingfromreturnedexcessmaterialwillbepaidbytheCity.Nootherre-stocking,re-packagingorotherchargeswillbeallowed.22.SummaryofTotalServiceChargesandFeesContractorshallfurnishtheProcurementandSupplyManagementDepartment,whenrequested,adetailedsummaryofpurchases,chargesandfeesinelectronicspreadsheetformat.Thesummaryshallincludeanitemizeddescriptionofproductsandservicesdeliveredanddollaramountandquantityofeach.Failuretoprovidethisinformationwithin five(5)businessdaysfollowingtherequestmayresultinContractorbeingfoundindefault.23.PersonnelContractorshallassignallkeypersonnelidentifiedinitsproposalandthisAgreementtocompletealloftheirresponsibilitiesinconnectionwithperformanceofitsobligations.ContractorshallobtainwrittenapprovaloftheCitypriortoreassigninganykeypersonnel.Replacementofkeypersonnel,uponwrittenapprovalbytheCity,shallbewithpersonnelofequalorgreaterabilityandqualifications.Contractor’sreplacementofkeypersonnelshallnotbegroundsforanincreaseinthetotalAgreementpriceorextensionofthetimeforcompletionoftheservicesrequired.TheunauthorizedchangeofkeypersonnelbyContractorshallbeconsideredbytheCityasamaterialbreachoftheAgreementandgroundsfortermination.23.TransitionRequirementsPriortotheexpirationoftheAgreement,ContractorshallworkwiththeCitytoensurethereisnointerruptionorreductionofserviceshouldtheContractorberequiredtoenditsservicestotheCity.IfanewcontractorisawardedafterexpirationofthisAgreementoriftheAgreementisterminatedearlyforanyreason,Contractorshallcoordinateandcooperatewiththenewlyselectedcontractor,aswellaswiththeCity,tominimizeanydisruptionsintheservicesprovided AppendixBPricing AttachmentB-PriceListLineNo.DescriotionUnitofMeasureUnitPriceExtendedPrice3Camera,outdoor,color/black&white.IPDome.PTZ,720PDINH2641M-JPEG,I2EAI2I2276.72I$4,553.44ICCD1/3WHT,AxisQ6054-Er4PoleBracket,AxisT91A67(orcomparablesubstituteofferedbyAxis)I2EAAxisT9lL6lI286.721$173.44I5MountAdapter,Pole,AdjustF/CameraHousingWhileVT,WSPA,Axis(orcomparablesubstituteofferedbyAxis)6EmersonNetworkPower-Oplical-CAT6-5POE-FFEmersonEDCOPoESurgeProtection(orcomparablesuppressor)Mfg./ModelNo.-_LiebertCAT6-5POE-FF2EA2EA22126.451$551$252.90I11QQQJ7lUbiquitiPowerStalionwirelessbridgeI2EAI2I225.34I$450.688UbiquitiMSPowerBndgewirelessbridgeI2EAI2I125.45I$250.90IMfg../ModelNo.:UbiciultiM5SecurityCamerastIP)IntIItinnnnflrnirifinnTroubleshootingandRepairs9ICameraConflaurationIEA651$65.0010CameraInstallation-toincludebutnotlimitedlo15EA15‘1851$2,775.00steelbandingstrapsformountingcameras,steelbucklesforbandingstraps,exteriorandinteriorcameraenclosures,andfinetuninawithcity’sICSstaff.11CameraTroubleshooting/Repairs-toincludelaborI2HRI2[1651$andtoolsincludingbutnotlimitedtoladders,etc.necessarytogetanIPcameraoperationalandfinetuned330.004..II.4[.,I.4....sndRenirsBucketTruckRequiredISBucket-truck-asneededforcamerainstallationortroubleshootingforthefirst15HRI15I651$975.00Ihourofservices16Bucket-truckasneededforcamerainstallationortroubleshootingforadditional30HRI30I651$1,950.00IhourofservicesOtherRequiredServices17Surge-suppressorinstallation15EA1530$450.0018NetworkswitchinstallationintoNEMAenclosure15EA1525$375.0019Power-over-Ethernet(PoE)injectorinstallationIntoNEMAenclosure15EA1525$375.0020Electricalgroundinstallationforcameraassembly15EA15100$1,500.0021Electricalgroundinstallationforwirelessbridgeassembly15EA15100$1,500.00Low-voltageElectricaI-Installation29CAT6-PVC(nonplenum)-fixedcostperjack-Single4-pair,I-25ft15EA15176$2,640.0030CAT6-PVC(non-plenum)fixedcostperjack-Single4-pair,25-50ftIEA1160$160.0031CAT6-PVC(nonplenum)-fixedcostperjack-Single4-pair,50-75ftIEA—165$165.0032CAT6-PVC(non-plenum)fixedcostperlack-Single4-pair,75-100ftIEA—170$170.0033CAT6-PVC(non-plenum)-fixedcostperjack-Single4-pair,100-125ftEA—180$180.0034CAT6-PVC(non-plenum)-fixedcostperjack-Single4-pair,125-150ftEA—185$185.0035CAT6-PVC(non-plenum)-fixedcostperjack-Single4-pair.150-175ftEA—190$190.00IVideoSurveillanceCameras.HDTVlO8OpCompliant,Outdoor-ready.lP66and2EAI2I2714.72I$5,429.44INEMA,4X-Rated,PTZDomeCamerawith20xOpticalZoom,AxisQ6055-EI2ICamera,outdoor,5MP,AxisP1367-EI2EAI2I875.121$1,750.24I1312Wireless-BridgeConfiguration-basedontemplateprovidedbycity’sDOTSDepartment.Providedas/whenneededwithitem1314WirelessBridgeInstallation-toincludebutnotlimitedtosteelbandingstrapsformountingwirelessbridge,steelbuckles(orbandinastraps,andfinetunina30HRI30I551$1.650,0020EAI20I1651$3.300,00Wireless-BridgeTroubeshooting&Repair-to2HRI2I1651$330.00includelaborandtoolsincludingbutnotlimitedtoladders,etc.necessarytogetawirelessbridgeoperational,andfinetuning AttachmentB-PriceList36CAT6•PVC(non-plenum)-fixedcostperjack-Single4-pair,175-200ftEA200$200.0037CAT6-PVC(non-plenum)-fixedcostperjack-Single4-pair.200-225ftEA——210$210.0038CAT6-PVC(non-plenum)-fixedcostperjack-Single4-pair.225-250ftEA——220$220.0039CATSPVC(non-plenum)-fixedcostperjack-Single4-pair.250-275ftEA——225$225.0040CAT6-PVC(non-plenum)-fixedcostperjack-Single4-pair.275-300ftEA——$235$235.0041CATS-PVC(non-plenum)-flxedcostperjack-Two4-pair,I•25ft15EA15195$2,925.0042CATS-PVC(non-plenum)fixedcostperjack-Two4-pair.25-50ftIEA1$200$200.0043CATS-PVC(nonplenum)-fixedcostperjack-Two4-pair,50-75ftIEAI$205$205.0044CATS-PVC(non-plenum)-fixedcostperjack-Two4-pair,75-100ftIEAI$210$210.0045CATS-PVC(non-plenum)-fixedcostperjack-Two4-pair,100-125ftIEAI$215$215.0046CAT6-PVC(nonplenum)-fixedcostperjack-Two4pair,125-150ftEA——$220$220.0047CAT6-PVC(non-plenum)-fixedcostperjack-Two4-pair,150-175ftEA—$225$225.0048ATS-PVC(non-plenum)-fixedcostperjack-Two4-pair,175-200ftEA——$230$230.0049ATS-PVC(non-plenum)-fixedcostperjack-Two4-pair,200-225ftEA——$235$235.00SOATS-PVC(non-plenum)-fixedcostperjackTwo4-pair,225-250ftEA—$240$240.0051ATS-PVC(non-plenum)-fixedcostperjack-Two4-pair,250-275ftEA——$245$245.0052ATS-PVC(non-plenum)-fixedcostperjack-Two4-pair,275-300ftEA——$250$250.0053ATS-plenum-fixedcostperjack-Single4-pair,125ft15EA5_$194$2,904.0054ATS-plenum-fixedcostperjack-Single4-pair,25-50ftEA——$176$176.0055ATS-plenumfixedcostperjack-Single4-pair,50-75ft1EA——$182$181.5056CAT6-plenum-fixedcostperjack-Single4-pair,75-100ftEA——$187$187.0057CAT6-plenum-fixedcostperjack-Single4-pair,100-125ftEA1$198$198.0058CAT6-plenum-fixedcostperjack-Single4-pair,125-150ftEA1$204$203.50S9CATS-plenum-fixedcostperjack-Single4-pair,1SO-175ftEAI$209$209.0060CATS-plenum-fixedcostperjack-Single4-pair,175-200ftEAI$220$220.0061CATS-plenum-fixedcostperjack-Single4-pair,200225ftEA$231$231.0062CATS-plenum-fixedcostperjack-Single4-pair,225-250ft1EA——$242$242.0063CATS-plenum-fixedcostperjack-Single4-pair,250-275ft1EA——$248$247.5064CAT6-plenum-fixedcostperjack-Single4-pair,275-300ft1EA——$259$258.5065CAT6-plenum-fixedcostperjack-Two4-pair,I-25ft15EA$215$3,217.5066CAT6-plenum-fixedcostperjack-Two4-pair,25-50ft1EA——$220$220.0067CAT6-plenum-fixedcostperjack-Two4-patr,50-75ftEA——$226225.5068CATS-plenum-fixedcostperjack-Two4-pair,75-100ftEA——$231231.0069CAT6-plenum-fixedcostperjack-Two4-pair,100-125ftEA——$237236.5070CAT6-plenum-fixedcostperjack-Two4-pair,125-150ftEA——$242242.0071CATS-plenum-fixedcostperjack-Two4-pair,150-175ftEA——$248247.5072CATC-plenum-fixedcostperjack-Two4-pair,175-200ftEA—$253$253.0073CATS-plenum-fixedcostperjack-Two4-pair,200-225ftEA—$259$258.5074CATC-plenum-fixedcostperjack-Two4-pair,225-250ftIEAI$264$264.0075CATC-plenum-fixedcostperjack-Two4-pair,250-275ftIEAI$270$269.5076CATS-plenum-fixedcostperjack-Two4-pair,275-300ftIEAI$275$275.00FiberInstallation77Fiberopticcable.6-strand,multimode,perfootEA$3.00$3.0078Terminationstrand,6,equals12terminationsEA—$660.00$660.0079Laborrateforinsidecablingincludingtesting.1HR$55.00$55.0080LaborrateforOSP(outsideplant)cablingincludingtesting.1HR—$60.00$60.00MonthlySupportPlanOption81Provide10hoursperMonthoftroubleshooting/repairsupportasneeded10HR12050$2,050.00182Provide20hoursperMonthoftroubleshooting/repairsupportasneeded20HR12550$2,550.0083Costperhourinadditiontothe10or2Ohoursupportoptionfortroubleshooting/repairsupportasneeded150$50.00$Total55,352.04 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#19-6901 Agenda Date: 10/14/2019 Status: Reported to CouncilVersion: 1 File Type: Action ItemIn Control: Information Technology Agenda Number: 10.2 SUBJECT/RECOMMENDATION: Authorize piggyback of Florida State Contract DMS-10/11-008C, for basic cellular/smart phones and mobile data services, with Verizon Wireless, in an amount not to exceed $690,000 for the period October 1, 2019 through September 30, 2020, pursuant to Clearwater Code of Ordinances Section 2.564 (1)(d) Other Government Entities Bids; and authorize the appropriate officials to execute same. (consent) SUMMARY: The annual Verizon spend is $690,000, broken down as follows: cellular/smart phones $425,000; and data cards for departments - including Police Department’s patrol vehicles - $265,000. The City currently has 678 cellular/smart phones in use and approximately 500 cellular data cards (280 for police patrol units). State Contract DMS-10/11-008C expires on 1/19/2022. APPROPRIATION CODE AND AMOUNT: 5559865-542100 - $425,000 5559862-530300 - $265,000 Page 1 City of Clearwater Printed on 10/14/2019 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#19-6902 Agenda Date: 10/14/2019 Status: Reported to CouncilVersion: 1 File Type: Action ItemIn Control: Information Technology Agenda Number: 10.3 SUBJECT/RECOMMENDATION: Authorize piggyback of Florida State Contract DMS-08/09-071, for SunCom long distance service, State AIN Centranet lines, and toll-free lines, in an amount not to exceed $134,200 for the period October 1, 2019 through September 30, 2020, pursuant to Clearwater Code of Ordinances Section 2.564 (1)(d) Other Government Entities Bids and authorize the appropriate officials to execute same. (consent) SUMMARY: Department of Management Services Total - $134,220 - Long Distance $658 per month x 12 = $7,896 - Local $124 per month x 12 = $1,488 - Centranet lines $10,400 per month x 12 = $124,800 - 800 # $3.00 per month x 12 = $36.00 APPROPRIATION CODE AND AMOUNT: Funds are available in cost code 5559865-541200, Telephone Charges. Page 1 City of Clearwater Printed on 10/14/2019 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#19-6809 Agenda Date: 10/14/2019 Status: Reported to CouncilVersion: 1 File Type: Action ItemIn Control: Marine & Aviation Agenda Number: 11.1 SUBJECT/RECOMMENDATION: Approve Docking Agreement between the City of Clearwater and The Sandpearl Resort, LLC for the shared docking facility located adjacent to the Beach Recreation Center and authorize the appropriate officials to execute same. (consent) SUMMARY: The City and the Sandpearl Developer entered into a Development Agreement dated January 26, 2005, which was amended on September 12, 2007 to include a shared Boat Docking Facility on what was believed to be city owned bottom lands adjacent to the Beach Recreation Center. This facility includes 15 free day docks open to the public and 27 private docks used by the resort. Some years later it was discovered that the submerged lands are actually owned by State of Florida. Following that determination, and as appurtenant upland owner to the docks, a Submerged Land Lease (SLL) application with the City as applicant was approved by the State and returned for execution. As a result, a new Docking Agreement for the Sand Pearl Resort was created to reflect the current status of the docking facility and obligations of both parties. Page 1 City of Clearwater Printed on 10/14/2019 AGREEMENT This Agreement (the "Agreement") is made as of this ____ day of _____________, 2019, by and between THE CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation (the “City”) and THE SANDPEARL RESORT, LLC, a Florida limited liability company (the “Developer”). WITNESSETH: WHEREAS, City and Developer entered into a Development Agreement for Property in the City of Clearwater dated January 26, 2005 recorded in Official Records Book 14089, Page 314 of the Public Records of Pinellas County, Florida (“Original Development Agreement”); and WHEREAS, the Original Development Agreement was amended by Amendment to Development Agreement for Property in the City of Clearwater dated September 12, 2007 and recorded in Official Records Book15983, Page 1204 of the Public Records of Pinellas County, Florida (“Amendment to Development Agreement”). The Original Development Agreement as amended by Amendment to Development Agreement is referred to as the “Development Agreement”; and WHEREAS, pursuant to the Development Agreement, the City and Developer entered into a separate Agreement dated September 12, 2007 as to the development of shared Boat Docking Facilities in the Boat Basin a copy of which is attached to the Development Agreement as Exhibit N-1 (“Original Boat Dock Agreement”); and WHEREAS, subsequent to the execution of the Original Boat Dock Agreement, it was determined that the submerged land in the Boat Basin was owned in fee simple by the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida (“State”); and WHEREAS, the Original Boat Dock Agreement has, by its terms, expired; and WHEREAS, the City, as appurtenant upland owner, applied to the State for a Sovereignty Submerged Lands Lease (“SSLL”), which SSLL was approved by State and submitted to City for execution; and WHEREAS, in connection with the execution of the SSLL, City and Developer have agreed to enter into a new Boat Dock Agreement. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereby agree as follows: ARTICLE 1. DEFINITIONS. 1.01. Definitions. The capitalized terms used in this Agreement that are not defined shall have the meanings given to such terms in the Development Agreement. 1.02. Use of Words and Phrases. Words of the masculine gender shall be deemed and construed to include correlative words of the feminine and neuter genders. Unless the context shall otherwise indicate, the singular shall include the plural as well as the singular number, and the word "person" shall include corporations and associations, limited liability corporations and partnerships, including public bodies, as well as natural persons. "Herein," "hereby," "hereunder," "hereof," "hereinbefore," "hereinafter" and other equivalent words refer to this Agreement and not solely to the particular portion thereof in which any such word is used. 1.03. Florida Statutes. All references herein to Florida Statutes are to Florida Statutes (2005), as amended from time to time. ARTICLE 2. PURPOSE AND DESCRIPTION OF BOAT DOCKING FACILITIES. 2.01. Finding of Public Purpose and Benefit. The Boat Docking Facilities, including the design, construction, completion and use of the Boat Docking Facilities, is hereby found by the parties hereto: (1) to be consistent with and in furtherance of the objectives of the Comprehensive Plan of the City of Clearwater, (2) to conform to the provisions of Florida law, (3) to be in the best interests of the citizens of the City, (4) to further the purposes and objectives of the City, (5) to further the public interest on Clearwater Beach, and (6) to implement Beach by Design, including the creation of the new quality hotel resort which was constructed as a part of the Project. 2.02. Purpose of Agreement. The purpose of this Agreement is to further the implementation of Beach by Design by providing for the continued use of the Boat Docking Facilities, all to enhance the quality of life, increase employment and improve the aesthetic and useful enjoyment of Clearwater Beach and the City, all in accordance with and in furtherance of the Comprehensive Plan of the City of Clearwater and as authorized by and in accordance with the provisions of Florida law. 2.03. Scope of the Project. 1. The Boat Docking Facilities includes a central pier, finger piers and associated pilings as conceptually depicted on the attached Exhibit “A”, which accommodates a maximum of 42 boat slips (“Boat Slips”). The Developer and its designated successors and assigns shall have the right to utilize exclusively 27 of the Boat Slips which are identified on the Site Plan (“Developer Slips”) and the finger piers containing the Developer Slips (“Developer Piers”). The City shall have the right to control the use of the central pier, the 15 remaining Boat Slips (“City Slips”) and the finger piers containing the City Slips. The City shall have the right to utilize the City Slips during the term of this Agreement for day docking or for any other purpose. Boats shall not be permitted to occupy the City Slips and no access shall be permitted to the City Slips during the period each night between midnight and 5:00 a.m., except in an emergency or as authorized by the City Harbor Master. The foregoing restriction on overnight use of the City Slips shall not be applicable to a fireboat or other boats operated by the City or other municipal or governmental entities for public purposes (“Governmental Vessels”). 2. The Developer shall have the right to install gates or other access control improvements on the finger piers containing the Developer Slips and the right to install boat lifts in the Developer Slips (“Slip Improvements”). Developer shall also install gates on the finger piers containing the City Slips or on the central pier as directed by the City. Developer shall have the right to obtain at Developer’s expense required access devices for 24/7 access to Developer Slips. The Boat Docking Facilities including Slip Improvements are subject to the following additional requirements and limitations: (a) Only low profile pilings and/or tie poles shall be used in the Boat Docking Facilities. As used in this Agreement, the term "low profile" means having a height of four (4) feet or less above the height of the decking of the dock. (b) No covered Boat Slips are allowed. (c) No boat lifts are permitted on 40 foot or larger slips. (d) Boat lifts shall not be installed in more than 13 of the 27 Developer Slips or in more than 50% of the total Developer Slips if the number of Developer Slips is reduced from 27. (e) No fuel containers shall be transported across the central pier or finger piers, nor any refueling of any vessels be done at this facility. 3. The Developer shall have the right, at its expense, to install water and electric lines serving the Developer Slips and the City shall cooperate as to extension and connection of such utilities. All utilities provided to the Developer Boat Slips shall be separately metered and Developer shall pay all utility connection and usage charges. Developer shall also provide lighting for the Boat Docking Facilities and pay all electric expenses as to such lighting. Utilities shall not be provided by Developer to the City Slips, provided, that at the request of the City, utilities (water and electric) shall be provided to City Slips to be used by Governmental Vessels and City shall reimburse Developer for additional expenses incurred by Developer as to such utilities. 4. Developer shall provide and pay for all maintenance and repair costs for the Boat Docking Facilities. Developer shall also provide, at its expense, for all required trash removal from the Boat Docking Facilities. All normal operating expenses incurred by Developer as to the Boat Docking Facilities including maintenance, repairs, insurance premiums and cost of trash removal excluding utilities provided to City Slips are to be paid by Developer. City shall pay all lease payments and all other applicable payments and charges due to the State of Florida pursuant to the SSLL. Developer will reimburse the City for Developer’s prorate share of all payments made to the SSLL, which is 27/42 or 64.29% of all payments made to the State of Florida pursuant to the SSLL, within thirty (30) days of receipt of an invoice. Developer shall comply with the minimum maintenance standards as provided in the attached Exhibit “C”. 5. Developer agrees that use of the Developer Boat Slips shall be limited to (i) residents of the City, (ii) owners of real property within the City and their tenants and (iii) owners, tenants and guests (including Beach Club Members) of the Project. Any sublease or assignment by Developer of rights to utilize Developer Boat Slips shall be limited to such residents, owners, tenants and guests and all subleases or assignments shall expressly prohibit parking on the City Property during use of the Developer Boat Slips. 6. During the term of this Agreement, Developer shall provide a shuttle service to the Boat Docking Facilities from the Project. Developer shall also provide at the Project an employee assigned to respond to problems at the Boat Docking Facilities on a 24 hour/ 7 day per week basis. Neither the City nor Developer shall have any obligation to provide on-site security at the Boat Docking Facilities. 2.04. Cooperation of the Parties. The City and the Developer recognize that the successful maintenance of the Boat Docking Facilities and each component thereof is dependent upon the continued cooperation of the City and the Developer, and each agrees that it shall act in a reasonable manner hereunder, provide the other party with complete and updated information from time to time, with respect to the conditions such party is responsible for satisfying hereunder and make its good faith reasonable efforts to ensure that such cooperation is continuous, the purposes of this Agreement are carried out to the full extent contemplated hereby and the Boat Docking Facilities are designed, constructed, completed and used as provided herein. ARTICLE 3. REGULATORY PROCESS. 3.01 Approvals and Permits. 1. Applications for Approval. To the extent necessary, the Developer shall prepare and submit to the appropriate governmental authorities, including the City, applications for approval of all required permits (“Permits”), and all plans and specifications (“Plans and Specifications”) necessary for the Boat Docking Facilities, and shall bear all costs of preparing such applications, applying for and obtaining such approvals and permits, including payment of any and all applicable application, inspection, and regulatory fees or charges. The City shall, to the extent possible, expedite review of all applications. The failure of this Agreement to address any particular permit, condition, or term of restriction shall not relieve the Developer of the necessity of complying with the law governing said permitting requirements, conditions, terms or restrictions. 2. City Cooperation and Assistance. The City shall cooperate with the Developer in obtaining all necessary Permits required for the construction, completion, maintenance, and use of the Boat Docking Facilities. If requested by the Developer and authorized by law, the City will join file or in the filing of any application for any Permit, or, alternatively, recommend to and urge any governmental authority that such Permit be issued or approved. 3. City Authority Preserved. The City's duties, obligations, or responsibilities under any section of this Agreement, specifically including, but not limited to, this Section 3.02, shall not affect the City's right, duty, obligation, authority and power to act in its governmental or regulatory capacity in accordance with applicable laws, ordinances, codes or other building regulations. Notwithstanding any other provision of this Agreement, any required permitting, licensing or other regulatory approvals by the City shall be subject to the established procedures and substantive requirements of the City with respect to review and permitting of a project of a similar or comparable nature, size and scope. In no event shall the City, due to any provision of this Agreement, be obligated to take any action concerning regulatory approvals except through its established procedures and in accordance with applicable provisions of law. ARTICLE 4. PLANS AND SPECIFICATIONS. 4.01. Plans and Specifications. 1. Responsibility for Preparation of Plans and Specifications. The Developer shall be solely responsible for and shall pay the cost of preparing, submitting and obtaining approval of the Plans and Specifications for the Boat Docking Facilities. 2. Use of Qualified Professionals. The Developer shall retain qualified professionals to prepare the Plans and Specifications and shall cause such professionals to prepare the Plans and Specifications. ARTICLE 5. MAINTENANCE OF BOAT DOCKING FACILITIES. 5.01. Ownership of City Property. The City is the owner the City Property which is more particularly described in Exhibit “B” to this Agreement. 5.02. Boat Basin. The Boat Basin in which the Boat Docking Facilities are located adjoins the City Property, is located on submerged lands owned by the State of Florida and leased to the City pursuant to the SSLL, and is depicted on the Site Plan attached as Exhibit “A”. 5.03. Obligations of the City. 1. Sublease of Developer Slips. The City agrees to enter the SSLL with the State of Florida for certain submerged land as described in the SSLL. This Agreement shall constitute a sublease to Developer of the portion of the Boat Basin on which the Developer Slips and associated finger piers shall be located (“Leased Premises”) together with the non-exclusive right to utilize the central pier and City Property for access to the Developer Slips. The term of the sublease shall be for the term of this Agreement as provided in Section 18.18 below. Subject to Section 18.01, if Developer subsequently transfers or assigns the right to use the Developer Slips to another party, the instrument or agreement used to transfer the Developer Slips shall contain a provision that requires six percent (6%) of the annual gross income derived from the instrument or agreement for the use of the Developer Slips be paid to the City who, upon receipt, will report and transmit said amount to the State of Florida. No interest in the Developer Slips shall be further transferred unless a substantially similar provision to the one contained in the proceeding paragraph is placed in each succeeding instrument or agreement used to transfer the Developer Slips to each new slip renter, user, or holder. 2. Permits. The City will cooperate and coordinate with the Developer with regard to all Permit applications, including those to state agencies, and will facilitate or expedite, to the greatest extent possible, the permit approval process. ARTICLE 6. PROJECT FINANCING. 6.01. Assignment of Rights Under Agreement To Project Lender. Developer may assign to the Project Lender all its right, title and interest under this Agreement as security for any indebtedness of Developer. The execution of any assignment, security agreement, or other instrument, or the foreclosure of the instruction or any sale under the instrument, either by judicial proceedings or by virtue of any power reserved in the mortgage or deed of trust, or conveyance in lieu of foreclosure by Developer to the holder of such indebtedness, or the existence of any right, power, or privilege reserved in any instrument, shall not be held as a violation of any of the terms or conditions of this Agreement, or as an assumption by the holder of such indebtedness personally of the obligations of this Agreement. No such assignment, foreclosure, conveyance or exercise of right shall relieve Developer from its liability under this Agreement. 6.02. Cooperation. The City and the Developer shall cooperate as to reasonable requests for assurances any proposed Project Lender for the purpose of implementing the mortgagee protection provisions contained in this Agreement and allowing the Project Lender reasonable means to protect or preserve the liens of such Project Lender upon the occurrence of a default under the terms of this Agreement. ARTICLE 7. CONSTRUCTION OF PROJECT. 7.01 Construction Completion Affirmation. The Parties agree that the Boat Docking Facilities has been constructed in substantial conformity with Article 7 of the Original Boat Dock Agreement. ARTICLE 8. INDEMNIFICATION. 8.01. Indemnification by the Developer. 1. The Developer agrees to indemnify, defend and hold harmless, the City, its respective agents, officers, or employees from any and all liabilities, damages, penalties, judgments, claims, demands, costs, losses, expenses or attorneys' fees through appellate proceedings, for personal injury, bodily injury, death or property damage arising out of, or by reason of any act or omission of the Developer, its agents, employees or contractors arising out of, in connection with or by reason of, the performance of any and all services covered by this Agreement, or which are alleged to have arisen out of, in connection with or by reason of, the performance of any and all services covered by this Agreement. 2. The Developer shall indemnify, defend and hold harmless the City, its officers and employees from any and all liabilities, damages, costs, penalties, judgments, claims, demands, losses, or expenses (including, but not limited to, actual attorneys' fees and engineering fees) arising from or attributable to any breach by the Developer, as the case may be, of any representations or warranties contained in Section 9.01, or covenants contained in Section 9.02. 3. The Developer’s indemnity obligations under subsections (1) and (2) of this Section shall survive the earlier of the Termination Date or the Expiration Date, but shall apply only to occurrences, acts, or omissions that arise on or before the earlier of the Termination Date or the Expiration Date. 4. The Developer’s indemnity hereunder is in addition to and not limited by any insurance policy and is not and shall not be interpreted as an insuring agreement between or among the parties to this Agreement, nor as a waiver of sovereign immunity for any party entitled to assert the defense of sovereign immunity. 8.02. Indemnification by the City. 1. To the extent permitted by law, the City agrees to indemnify, defend and hold harmless, the Developer, its respective officers, and employees from any and all liabilities, damages, penalties, judgments, claims, demands, costs, losses, expenses or attorneys' fees through appellate proceedings, for personal injury, bodily injury, death or property damage arising out of, or by reason of, any act or omission of the City, its respective agents or employees arising out of, in connection with or by reason of, the performance of any and all services covered by this Agreement, or which are alleged to have arisen out of, in connection with or by reason of, the performance of any and all services covered by this Agreement. 2. The City shall indemnify, defend and hold harmless the Developer, its officers and employees from any and all liabilities, damages, costs, penalties, judgments, claims, demands, losses, or expenses (including, but not limited to, actual attorneys' fees and engineering fees) arising from or attributable to any breach by the City, as the case may be, of any representations or warranties contained in Section 10.01, or covenants contained in Section 10.02. 3. The City's indemnity obligations under this Section 8.02 shall survive the earlier of the Termination Date or the Expiration Date, but shall only apply to occurrences, acts or omissions that arise on or before the earlier of the Termination Date or the Expiration Date. The City's indemnity hereunder is not and shall not be interpreted as an insuring agreement between or among the parties to this Agreement, but is in addition to and not limited by any insurance policy provided that said obligation shall not be greater than that permitted and shall be limited by the provisions of Section 768.28, Florida Statutes, or any successor statute thereto. 8.03. Limitation of Indemnification. Notwithstanding anything to the contrary contained herein, with respect to the indemnification obligations of the Developer (as set forth in Section 8.01) and the City (as set forth in Section 8.02), the following shall apply: 1. The indemnifying party shall not be responsible for damages that could have been, but were not, mitigated by the indemnified party; 2. The indemnifying party shall not be responsible for that portion of any damages caused by the negligent or willful acts or omissions of the indemnified party; and 3. There shall be no obligation to indemnify hereunder in the event that the indemnified party (1) shall have effected a settlement of any claim without the prior written consent of the indemnifying party, or (2) shall not have subrogated the indemnifying party to the indemnified party's rights against any third party by an assignment to the indemnifying party of any cause or action against such third party. ARTICLE 9. REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE DEVELOPER. 9.01. Representations and Warranties. The Developer represents and warrants to the City that each of the following statements is currently true and accurate and agrees the City may rely upon each of the following statements: 1. The Developer is a Florida Limited Liability Company duly organized and validly existing under the laws of the State of Florida, has all requisite power and authority to carry on its business as now conducted, to own or hold its properties and to enter into and perform its obligations hereunder and under each document or instrument contemplated by this Agreement to which it is or will be a party, is qualified to do business in the State of Florida, and has consented to service of process upon a designated agent for service of process in the State of Florida. 2. This Agreement and, to the extent such documents presently exist in a form accepted by the City and the Developer, each document contemplated or required by this Agreement to which the Developer is or will be a party have been duly authorized by all necessary action on the part of, and have been or will be duly executed and delivered by, the Developer, and neither the execution and delivery thereof, nor compliance with the terms and provisions thereof or hereof: (i) requires the approval and consent of any other party, except such as have been duly obtained or as are specifically noted herein, (ii) contravenes any existing law, judgment, governmental rule, regulation or order applicable to or binding on the Developer, (iii) contravenes or results in any breach of, default under or, other than as contemplated by this Agreement, results in the creation of any lien or encumbrance upon any property of the Developer under any indenture, mortgage, deed of trust, bank loan or credit agreement, the Developer’s Articles of Organization, or, any other agreement or instrument to which the Developer is a party or by which the Developer may be bound. 3. This Agreement and, to the extent such documents presently exist in a form accepted by the City and the Developer, each document contemplated or required by this Agreement to which the Developer is or will be a party constitutes, or when entered into will constitute, a legal, valid and binding obligation of the Developer enforceable against the Developer in accordance with the terms thereof, except as such enforceability may be limited by applicable bankruptcy, insolvency or similar laws from time to time in effect which affect creditors' rights generally and subject to usual equitable principles in the event that equitable remedies are involved. 4. There are no pending or, to the knowledge of the Developer threatened actions or proceedings before any court or administrative agency against the Developer, or against any controlling shareholder, officer, employee or agent of the Developer which question the validity of this Agreement or any document contemplated hereunder, or which are likely in any case, or in the aggregate, to materially adversely affect the consummation of the transactions contemplated hereunder or the financial condition of the Developer. 5. The Developer has filed or caused to be filed all federal, state, local and foreign tax returns, if any, which were required to be filed by the Developer and has paid, or caused to be paid, all taxes shown to be due and payable on such returns or on any assessments levied against the Developer. 6. All documentation, including that pertaining to the Boat Docking Facilities or the Developer, delivered by the Developer to the City was, on the date of delivery thereof, true and correct. 7. The principal place of business and principal executive offices of the Developer is in St. Petersburg, Florida, and the Developer will keep records concerning the Boat Docking Facilities (such as construction contracts, financing documents and corporate documents) and all contracts, licenses and similar rights relating thereto at an office in Pinellas County. 8. As of the Effective Date, the Developer will have the financial capability to carry out its obligations and responsibilities in connection with the development of the Boat Docking Facilities as contemplated by this Agreement. 9. The Developer has the experience, expertise, and capability to oversee and manage the use of the Boat Docking Facilities. 9.02. Covenants. The Developer covenants with the City that until the earlier of the Termination Date or the Expiration Date: 1. The Developer shall timely perform or cause to be performed all the obligations contained herein which are the responsibility of the Developer to perform. 2. During each year that this Agreement and the obligations of the Developer under this Agreement shall be in effect, the Developer shall cause to be executed and to continue to be in effect those instruments, documents, certificates, permits, licenses and approvals and shall cause to occur those events contemplated by this Agreement that are applicable to, and that are the responsibility of, the Developer. 3. The Developer shall assist and cooperate with the City to accomplish the development of the Boat Docking Facilities by the Developer in accordance with the Plans and Specifications, and this Agreement, and will not violate any laws, ordinances, rules, regulations, orders, contracts or agreements that are or will be applicable thereto. 4. Subsequent to the Effective Date, the Developer shall maintain its financial capability to maintain the Boat Docking Facilities and shall promptly notify the City of any event, condition, occurrence, or change in its financial condition which adversely affects, or with the passage of time is likely to adversely affect, the Developer’s financial capability to successfully and completely maintain the Boat Docking Facilities as contemplated hereby. 5. The Developer shall promptly cause to be filed when due all federal, state, local and foreign tax returns required to be filed by it, and shall promptly pay when due any tax required thereby. 6. Subject to Section 18.01, the Developer shall maintain its existence, will not dissolve or substantially dissolve all of its assets and will not consolidate with or merge into another corporation, limited partnership, or other entity or permit one or more other corporations or other entity to consolidate with or merge into it without the prior approval of the City unless the Developer or an entity under common control with Developer, retains a controlling interest in the consolidated or merged entity, and will promptly notify the City of any changes to the existence or form of the entity or any change in the control of the Developer. 7. The Developer shall not permit, commit, or suffer any waste of the City Property, the Boat Basin or the Boat Docking Facilities. 8. Provided all conditions precedent thereto have been satisfied or waived as provided herein, the Developer shall maintain the Boat Docking Facilities such that it is substantially complete as provided in this Agreement no later than the Completion Date. ARTICLE 10. REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE CITY. 10.01. Representations and Warranties. The City represents and warrants to the Developer that each of the following statements is currently true and accurate and agrees that the Developer may rely on each of the following statements: 1. The City is a validly existing body corporate and politic of the State of Florida, has all requisite corporate power and authority to carry on its business as now conducted and to perform its obligations hereunder and under each document or instrument contemplated by this Agreement to which it is or will be a party. 2. This Agreement and, to the extent such documents presently exist in a form accepted by the City and the Developer, each document contemplated or required by this Agreement to which the City is or will be a party have been duly authorized by all necessary action on the part of, and have been or will be duly executed and delivered by, the City, and neither the execution and delivery thereof, nor compliance with the terms and provisions thereof or hereof (i) requires the approval and consent of any other party, except such as have been duly obtained or as are specifically noted herein, (ii) contravenes any existing law, judgment, governmental rule, regulation or order applicable to or binding on the City, (iii) contravenes or results in any breach of, or default under or, other than as contemplated by this Agreement, results in the creation of any lien or encumbrance upon any property of the City under any indenture, mortgage, deed of trust, bank loan or credit agreement, applicable ordinances, resolutions or, on the date of this Agreement, any other agreement or instrument to which the City is a party, specifically including any covenants of any bonds, notes, or other forms of indebtedness of the City outstanding on the Effective Date. 3. This Agreement and, to the extent such documents presently exist in a form accepted by the City and the Developer, each document contemplated or required by this Agreement to which the City is or will be a party constitute, or when entered into will constitute, legal, valid and binding obligations of the City enforceable against the City in accordance with the terms thereof, except as such enforceability may be limited by public policy or applicable bankruptcy, insolvency or similar laws from time to time in effect which affect creditors' rights generally and subject to usual equitable principles in the event that equitable remedies are involved. 10.02. Covenants. The City covenants with the Developer that until the earlier of the Termination Date or the Expiration Date: 1. The City shall timely perform, or cause to be performed, all of the obligations contained herein which are the responsibility of the City to perform. 2. During each year that this Agreement and the obligations of the City under this Agreement shall be in effect, the City shall cause to be executed and to continue to be in effect those instruments, documents, certificates, permits, licenses and approvals, and shall cause to occur those events contemplated by this Agreement that are applicable to and are the responsibility of the City. 3. The City shall assist and cooperate with the Developer to accomplish the maintenance of the Boat Docking Facilities in accordance with this Agreement and the Plans and Specifications, will carry out its duties and responsibilities contemplated by this Agreement, and will not violate any laws, ordinances, rules, regulations, orders, contracts, or agreements that are or will be applicable thereto, and, to the extent permitted by law, the City will not enact or adopt or urge or encourage the adoption of any ordinances, resolutions, rules regulations or orders or approve or enter into any contracts or agreements, including issuing any bonds, notes, or other forms of indebtedness, that will result in any provision of this Agreement to be in violation thereof. 4. The City shall not permit, commit, or suffer any waste or impairment to the Boat Docking Facilities, nor shall the City alter the City Property, or any part thereof, so as to prevent or adversely affect the use of the Boat Docking Facilities. ARTICLE 11. CONDITIONS PRECEDENT. 11.01. Developer Obligations. Unless this Agreement has been terminated pursuant to Article 12 hereof, the obligation of the Developer to maintain the Boat Docking Facilities is subject to the fulfillment to the satisfaction of, or waiver in writing by, the Developer of each of the following conditions precedent: 1. All conditions precedent under Article 11 of the Development Agreement have been satisfied or waived by Developer. 2. The Plans and Specifications required to commence construction and maintenance of the Boat Docking Facilities shall have been approved by the City in accordance with applicable ordinances, land use regulations, building codes and other regulations of the City. 3. All Permits necessary for construction and maintenance of the Boat Docking Facilities to commence shall have been issued and have become final and non- appealable. 11.02. Responsibilities of the Parties for Conditions Precedent. The parties hereto shall not, individually or collectively, knowingly, intentionally or negligently prevent any condition precedent from occurring; provided, however, nothing in this Section is intended or shall be deemed to deny any party the right to reasonably exercise its discretion to the extent permitted by law or this Agreement. ARTICLE 12. DEFAULT; TERMINATION. 12.01. Project Default by the Developer. 1. There shall be an "event of default" by the Developer under this Agreement upon the occurrence of any one or more of the following: a. The Developer shall fail to perform or comply with any material provision of this Agreement applicable to it within the time prescribed therefor, after receipt of a notice from the City pursuant to Subsection 12.01.2.a.; or b. The Developer shall make a general assignment for the benefit of its creditors, or shall admit in writing its inability to pay its debts as they become due or shall file a petition in bankruptcy, or shall be adjudicated a bankrupt or insolvent, or shall file a petition seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any present or future statute, law or regulation or shall file an answer admitting, or shall fail reasonably to contest, the material allegations of a petition filed against it in any such proceeding, or shall seek or consent to or acquiesce in the appointment of any trustee, receiver or liquidator of the Developer or any material part of such entity's properties; or c. Within sixty (60) days after the commencement of any proceeding by or against the Developer seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any present or future statute, law or regulation, such proceeding shall not have been dismissed or otherwise terminated, or if, within sixty (60) days after the appointment without the consent or acquiescence of the Developer of any trustee, receiver or liquidator of any of such entities or of any material part of any of such entity's properties, such appointment shall not have been vacated; or 2. a. If an event of default by the Developer described in subsection 1 above shall occur, the City shall provide written notice thereof to the Developer, and, if such event of default shall not be cured by the Developer within thirty (30) days after receipt of the written notice from the City specifying in reasonable detail the event of default by the Developer, or if such event of default is of such nature that it cannot be completely cured within such time period, then if the Developer shall not have commenced to cure such default within such thirty (30) day period and shall not diligently prosecute such cure to completion within such reasonable longer period of time as may be necessary (provided, however, if the Developer is proceeding diligently and in good faith, the curative period shall be extended for a period of not exceeding six (6) months without any approval or consent of the City being required, but such approval will be required if the curative period is to be extended beyond six (6) months) then, in addition to any remedy available under Section 12.05, the City may terminate this Agreement or pursue any and all legal or equitable remedies to which the City is entitled, provided, however, if the Developer shall fail to cure such event of default within said thirty (30) day or longer period or ceases to proceed diligently to timely cure such event of default, then the City may proceed to enforce other available remedies without providing any additional notice to the Developer. b. Any attempt by the City to pursue any of the above referenced remedies will not be deemed an exclusive election of remedy or waiver of the City's right to pursue any other remedy to which either may be entitled. c. Any time periods or deadlines provided in this Agreement shall be tolled or extended by the amount of time to cure any event of default hereunder if such event affects the Developer's or City's ability to perform by such deadline or the expiration of such period. 3. Subject to the rights of the Project Lender, if the City elects to cure a default under Subsection 12.01.1. by the Developer, construction contracts, contract documents, building permits, development permits, management agreements, and financial commitments (all only to the extent assignable) with respect to the Project shall, if such default has not been previously cured, on the day following receipt by the Developer of notice from the City of its election to cure, be deemed then assigned to the City making said election, without necessity of any other action being taken or not taken by any party hereto. The Developer shall transfer and deliver to the City upon making said election, all assignable Plans and Specifications, working drawings, construction contracts, contract documents and all Permits, and, at the direction of the City, the Developer shall vacate the Leased Premises. 12.02. Default by the City. 1. Provided the Developer is not then in default under Section 12.01, there shall be an "event of default" by the City under this Agreement in the event the City shall fail to perform or comply with any material provision of this Agreement applicable to it; provided, however, that suspension of or delay in performance by the City during any period in which the Developer is in default of this Agreement as provided in Section 12.01 hereof will not constitute an event of default by the City under this Subsection 12.02. 2. a. If an event of default by the City described in Subsection 12.02.1. shall occur, the Developer shall provide written notice thereof to the City, and, after expiration of the curative period described in paragraph (b) below, may terminate this Agreement, institute an action to compel specific performance of the terms hereof by the City or pursue any and all legal or equitable remedies to which the Developer is entitled; provided, however, if the event of default by the City occurs, any monetary recovery by the Developer in any such action shall be limited to bona fide third-party out of- pocket costs and expenses, including reasonable attorneys’ fees, incurred by the Developer in connection with this Agreement and the transactions contemplated hereby, unless any such default by the City was willful and committed in bad faith with reckless disregard for the rights of the Developer. b. The Developer may not terminate this Agreement or institute an action described in paragraph (2a) above if the City cures such event of default within thirty (30) days after receipt by the City of written notice from the Developer specifying in reasonable detail the event of default by the City, or if any such event of default is of such nature that it cannot be completely cured within such period, then within such reasonably longer period of time as may be necessary to cure such default, provided however, if the City is proceeding diligently and in good faith, the curative period shall be extended for a period of not exceeding six (6) months without any approval or consent of the Developer being required, but such approval will be required if the curative period is to be extended beyond six (6) months after the notice of default has been given by the Developer to the City if the City has commenced to cure such default within such thirty (30) day period and is diligently prosecuting such curative action to completion. The City shall within said thirty (30) day period or such longer period promptly, diligently and in good faith proceed to cure such event of default after receipt of the notice from the Developer and shall succeed in curing such event of default within said period of time, provided, however, if the City shall fail to cure such event of default within said thirty (30) day or longer period or ceases to proceed diligently to timely cure such event of default, then the Developer may proceed with its available remedies without providing any additional notice to the City. c. Any attempt by the Developer to pursue any of the remedies referred to in paragraphs a. and b. above will not be deemed an exclusive election of remedy or waiver of the Developer’s right to pursue any other remedy to which it might be entitled. d. Any time periods or deadlines provided in this Agreement shall be tolled or extended by the amount of time to cure any event of default hereunder if such event affects the Developer's or City's ability to perform by such deadline or the expiration of such period. 12.03. Obligations, Rights and Remedies Cumulative. Unless specifically stated herein to the contrary, the specified rights and remedies to which either the City or the Developer are entitled under this Agreement are not exclusive and are intended to be in addition to any other remedies or means of redress to which the City or the Developer may lawfully be entitled and are not specifically prohibited by this Agreement. The suspension of, or delay in, the performance of its obligations by the Developer while the City shall at such time be in default of their obligations hereunder shall not be deemed to be an "event of default." The suspension of, or delay in, the performance of the obligations by the City while the Developer shall at such time be in default of its obligations hereunder shall not be deemed to be an "event of default" by the City. 12.04. Non-Action on Failure to Observe Provisions of this Agreement. The failure of the City or the Developer to promptly or continually insist upon strict performance of any term, covenant, condition or provision of this Agreement, or any Exhibit hereto, or any other agreement, instrument or document of whatever form or nature contemplated hereby shall not be deemed a waiver of any right or remedy that the City or the Developer may have, and shall not be deemed a waiver of a subsequent default or nonperformance of such term, covenant, condition or provision. 12.05. Termination Certificate. 1. In the event of a termination of this Agreement for any reason prior to the Expiration Date, each of the parties hereto do covenant and agree with each other to promptly execute a certificate prepared by the party electing to terminate this Agreement, which certificate shall expressly state that this Agreement has been terminated in accordance with its terms, is no longer of any force and effect except for those provisions hereof which expressly survive termination, that the rights, duties and obligations of the parties hereto have been terminated and released (subject to those surviving provisions hereof) and that the Boat Basin is no longer subject to any restrictions, limitations or encumbrances imposed by this Agreement. 2. The certificate described in Subsection 1. shall be prepared in a form suitable for recording and promptly after execution by all of the parties hereto shall be recorded in the public records of Pinellas County, Florida. ARTICLE 13. RIGHT TO CONTEST. 13.01. Right to Contest. Subject to the conditions set forth in Section 13.02 below, the City or the Developer each may, at its sole discretion and expense, after prior written notice to the other parties hereto, contest by appropriate action or proceeding conducted in good faith and with due diligence, the amount or validity or application, in whole or in part, of any lien, any payment of any taxes, assessments, impact fees or other public charges of a similar nature that may from time to time be levied upon or assessed by any appropriate governmental authority against the City, the Developer, the Boat Docking Facilities (or any part thereof), the Boat Basin or personal property thereon, and the revenues generated from the use or operation of any or all of the above, any other payment specifically identified in this Agreement, or compliance with any law, rule, regulation, or other such legal requirement. 13.02. Conditions. The right to contest any charge, payment or requirement pursuant to Section 13.01 is subject to the following: 1. Such proceeding shall suspend the execution or enforcement of such charge, payment or requirement; 2. Such proceeding will not create any risk of impairment of the maintenance or use of the Boat Docking Facilities or any part thereof, in any material respect, and no portion of the Boat Docking Facilities would be subject to any risk of being involuntarily sold, forfeited or lost or the construction, equipping, or completion of the Boat Docking Facilities or any part thereof be delayed or prohibited; 3. Such proceeding will not subject any other party to criminal liability or risk of material civil liability for failure to comply therewith, or involve risk of any material claim against such party; and 4. The party seeking the benefit of this Article shall have furnished to the other parties such security, if any, as may be required in such proceeding or as may be reasonably requested by the others, to protect the Boat Docking Facilities and any part thereof, and any interest of such parties hereunder. ARTICLE 14. ARBITRATION 14.01. Agreement to Arbitrate. Only as specifically provided in this Agreement and only if any judicial or administrative action or proceeding has not been commenced with regard to the same matter and, if so, the party hereto commencing such action has not dismissed it, any disagreement or dispute between the parties may be arbitrated in the manner set forth in this Article 14. All parties hereby agree such arbitration, once commenced, shall be the exclusive procedure for resolving such disagreement or dispute and agree to be bound by the result of any such arbitration proceeding unless all parties mutually agree to terminate such proceeding prior to decision. If any arbitration proceeding under this part adversely affects the performance of any party hereunder, then any time periods provided herein for such performance by that party shall be tolled during the pendency of the arbitration proceeding affecting such performance. 14.02. Appointment of Arbitrators. 1. a. Unless accelerated arbitration as provided in Section 14.08 hereof is invoked, any party invoking arbitration herewith shall, within five (5) days after giving notice of impasse in the dispute resolution process or upon following the expiration of the time period for such dispute resolution occurrence of the event permitting arbitration to be invoked, give written notice to that effect to the other parties, and shall in such notice appoint a disinterested person who is on the list of qualified arbitrators maintained by the American Arbitration Association or a disinterested person not on such list to whom an objection is not made by any other party hereto within five (5) days of receipt of the notice of such appointment as the arbitrator or, if more than one (1) arbitrator is to be appointed, as one of the arbitrators. b. Within ten (10) days after receipt of the notice described in paragraph (1), the other parties shall by written notice to the original party acknowledge that arbitration has been invoked as permitted by this Agreement, and shall either accept and approve the appointment of such individual set forth in the original notice as a sole arbitrator or shall appoint one (1) disinterested person per party of recognized competence in such field as an arbitrator. 2. a. If two (2) arbitrators are appointed pursuant to subsection a. above, the arbitrators thus appointed shall appoint a third disinterested person who is on the list of qualified arbitrators maintained by the American Arbitration Association, and such three (3) arbitrators shall as promptly as possible determine such matter. b. If the second arbitrator shall not have been appointed as provided in subsection a., the first arbitrator shall, after ten (10) days notice to the parties, proceed to determine such matter. c. If the two (2) arbitrators appointed by the parties pursuant to subsection a. shall be unable to agree within fifteen (15) days after the appointment of the second arbitrator upon the appointment of a third arbitrator, they shall give written notice of such failure to agree to the parties, and, if the parties then fail to agree upon the selection of such third arbitrator within fifteen (15) days thereafter, then within ten (10) days thereafter each of the parties upon written notice to the other parties hereto may request the appointment of a third arbitrator by the office in or for the State of Florida (or if more than one office, the office located closest to the City) of the American Arbitration Association (or any successor organization thereto), or, in its absence, refusal, failure or inability to act, request such appointment of such arbitrator by the United States District Court for the Middle District of Florida (which request shall be filed in the division of that court responsible for the geographic area including the City), or as otherwise provided in Chapter 682, Florida Statutes, known and referred to as the Florida Arbitration Act, as amended. 14.03. General Procedures. In any arbitration proceeding under this part, those parties appointing arbitrators shall each be fully entitled to present evidence and argument to the sole arbitrator or panel of arbitrators. The arbitrator or panel of arbitrators shall only interpret and apply the terms of this Agreement and may not change any such terms, or deprive any party to this Agreement of any right or remedy expressed or implied in this Agreement, or award any damages or other compensation to any party hereto. The arbitration proceedings shall follow the rules and procedures of the American Arbitration Association (or any successor organization thereto) unless specifically modified by this Agreement, or as then agreed to by the parties hereto. 14.04. Majority Rule. In any arbitration proceeding under this part, the determination of the majority of the panel of arbitrators, or of the sole arbitrator if only one (1) arbitrator is used, shall be conclusive upon the parties and judgment upon the same may be entered in any court having jurisdiction thereof. The arbitrator or panel of arbitrators shall give written notice to the parties stating his or their determination within thirty (30) days after the conclusion of the hearing or final submission of all evidence or argument. 14.05. Replacement of Arbitrator. In the event of the failure, refusal or inability of any arbitrator to serve as such, promptly upon such determination being made by the affected arbitrator, the affected arbitrator shall give notice to the other two (2) arbitrators (if applicable) and to the parties hereto, and then a new arbitrator shall be promptly appointed as a replacement, which appointment shall be made by the party or the arbitrators who appointed the affected arbitrator in the same manner as provided for in the original appointment of the affected arbitrator in Section 14.02 hereof. 14.06. Decision of Arbitrators. 1. If any decision reached by arbitration as provided in this part requires performance by the Developer, the Developer covenants and agrees to comply with any decision of the arbitrator(s) promptly after the date of receipt by the Developer of such decision, and to continue such performance to completion with due diligence and in good faith. 2. If any such decision requires performance by the City, the City covenants and agrees to comply promptly with any decision reached by arbitrators) promptly after the date of receipt by the City of such decision, and to continue such performance to completion with due diligence and in good faith. 3. Nothing in this part, nor in any arbitration decision rendered under this part, shall be construed to require any payment by the City to the Developer not otherwise provided for herein. 14.07. Expense of Arbitration. The expenses of any arbitration proceeding pursuant to this part shall be borne equally by the parties to such proceeding, provided, however, for the purpose of this Section 14.07, "expenses" shall include the fees and expenses of the arbitrators and the American Arbitration Association with respect to such proceeding, but shall not include attorneys' fees or expert witness fees, or any costs incurred by attorneys or expert witnesses, unless (and to the extent) agreed to by the parties to such proceeding, which in the absence of such Agreement shall be the responsibility of the party incurring such fees or costs. 14.08. Accelerated Arbitration. 1. a. If any of the parties to any arbitration proceeding under this part determines the matter for arbitration should be decided on an expedited basis, then after an initial election to invoke arbitration pursuant to Section 14.02 hereof has been made, either party to such proceeding may invoke accelerated arbitration by giving notice thereof to the other parties no later than three (3) days after arbitration has been initially invoked and the other parties do not object within three (3) days thereafter. b. Accelerated arbitration, for purposes of this Section 14.08, shall be accomplished by either party notifying the American Arbitration Association (or any successor organization thereto) that the parties have agreed to a single arbitrator, qualified to decide the matter for arbitration, to be appointed by the American Arbitration Association (or any successor organization thereto) with the consent of the parties to such proceeding within three (3) days after receipt of the request and to decide such matter within five (5) days after such appointment. c. If an arbitrator is not so appointed with consent of the parties to the proceeding within three (3) days after the notice referred to in paragraph (2) is received by the American Arbitration Association, the accelerated proceeding under this Section 14.08 shall terminate and the procedures otherwise set forth in this Article 14 shall apply, unless the parties mutually agree to an extension of such time period. 2. The Developer and the City hereby agree to use such accelerated procedure only when reasonably necessary, to not contest the appointment of the arbitrator or his or her decision except as may be permitted by law, and that all other provisions of this part, except as are in conflict with this Section 14.08, remain in effect and applicable to an accelerated arbitration proceeding. 14.09. Applicable Law. To the extent not inconsistent with this article, any arbitration proceeding under this article shall be governed by the provisions of Chapter 682, Florida Statutes, as amended, known and referred to as the Florida Arbitration Code. 14.10. Arbitration Proceedings and Records. Any arbitration hearing under this article shall be considered a meeting subject to Section 286.011, Florida Statutes, and shall be open to any member of the public. Unless otherwise rendered confidential pursuant to or by the operation of any applicable law or order (other than an order by a sole arbitrator or panel of arbitrators acting under this part), the record of such proceedings shall be a public record under Chapter 119, Florida Statutes. ARTICLE 15. UNAVOIDABLE DELAY. 15.01. Unavoidable Delay. 1. Any delay in performance of or inability to perform any obligation under this Agreement (other than an obligation to pay money) due to any event or condition described in paragraph (b) as an event of "Unavoidable Delay" shall be excused in the manner provided in this Section 15.01. 2. "Unavoidable Delay" means any of the following events or conditions or any combination thereof: acts of God, litigation which has the effect of precluding reasonable satisfaction of the obligations of this Agreement, acts of the public enemy, riot, insurrection, war, pestilence, archaeological excavations required by law, unavailability of materials after timely ordering of same, epidemics, quarantine restrictions, freight embargoes, fire, lightning, hurricanes, earthquakes, tornadoes, floods, extremely abnormal and excessively inclement weather (as indicated by the records of the local weather bureau for a five-year period preceding the Effective Date), strikes or labor disturbances, delays due to proceedings under Chapters 73 and 74, Florida Statutes, restoration in connection with any of the foregoing or any other cause beyond the reasonable control of the party performing the obligation in question, including, without limitation, such causes as may arise from the act of the other party to this Agreement, or acts of any governmental authority (except that acts of the City shall not constitute an Unavoidable Delay with respect to performance by the City). 3. An application by any party hereto (referred to in this paragraph (c) and in paragraph (d) as the "Applicant") for an extension of time pursuant to this subsection must be in writing, must set forth in detail the reasons and causes of delay, and must be filed with the other party to this Agreement within seven (7) days following the occurrence of the event or condition causing the Unavoidable Delay or seven (7) days following the Applicant becoming aware (or with the exercise of reasonable diligence should have become aware) of such occurrence. 4. The Applicant shall be entitled to an extension of time for an Unavoidable Delay only for the number of days of delay due solely to the occurrence of the event or condition causing such Unavoidable Delay and only to the extent that any such occurrence actually delays that party from proceeding with its rights, duties and obligations under this Agreement affected by such occurrence. ARTICLE 16. INTENTIONALLY DELETED. ARTICLE 17. FIRE OR OTHER CASUALTY; CONDEMNATION. 17.01. Loss or Damage to Project. 1. Until the Termination Date or the Expiration Date, and without regard to the extent or availability of any insurance proceeds, however, subject to any condition or limitations as set forth in the Permits, the Developer shall have the right to commence and complete the reconstruction or repair of any loss or damage caused by fire or other casualty or by eminent domain (provided the City is not the condemning authority) to each and every part of the Boat Docking Facilities substantially the same condition as existed prior to the occurrence of such loss or damage, promptly after the City approves the Plans and Specifications for such reconstruction or repairs. 2. The City shall review the Plans and Specifications for such reconstruction or repairs as soon as possible after filing thereof by the Developer. The City agrees to approve the Plans and Specifications for such reconstruction or repairs if the reconstruction or repairs contemplated by such Plans and Specifications will restore the Boat Docking Facilities, or the damaged portion thereof, to substantially the same condition as existed prior to the occurrence of such loss or damage and if such Plans and Specifications conform to the applicable laws, ordinances, codes, and regulations in effect at the time of filing with the City of the plans and specifications for such reconstruction or repairs. 3. If Developer elects not to reconstruct or repair the Boat Docking Facilities as provided herein, Developer shall promptly remove all improvements constituting the Boat Docking Facilities in compliance with the requirements of the City and the Permits. 17.02. Partial Loss or Damage to Project. Until the Termination Date or the Expiration Date, any loss or damage by fire or other casualty or exercise of eminent domain to the Boat Docking Facilities, or any portion thereof, which does not render the Boat Docking Facilities unusable for the use contemplated by Section 2.03 of this Agreement, shall not operate to terminate this Agreement or to relieve or discharge the Developer from the timely performance and fulfillment of the Developer’s obligations pursuant to this Agreement, subject to an extension of time for an Unavoidable Delay. 17.03. Insurance Proceeds. 1. Whenever the Boat Docking Facilities, or any part thereof, shall have been damaged or destroyed, the Developer shall promptly make proof of loss and shall proceed promptly to collect, or cause to be collected, all valid claims which may have arisen against insurers or others based upon such damage or destruction. Notwithstanding the foregoing, Developer shall not be obligated to obtain or provide casualty insurance as to the Boat Docking Facilities. 2. Subject to the rights of a Project Lender, the Developer agrees that all proceeds of property or casualty insurance received by the Developer as a result of such loss or damage shall be available and shall be used for payment of the costs of the reconstruction or repair of the Boat Docking Facilities to the extent necessary to repair or reconstruct the Boat Docking Facilities. 17.04. Notice of Loss or Damage to Boat Docking Facilities. The Developer shall promptly give the City written notice of any significant damage or destruction to the Boat Docking Facilities stating the date on which such damage or destruction occurred, the expectations of the Developer as to the effect of such damage or destruction on the use of the Boat Docking Facilities, and the proposed schedule, if any, for repair or reconstruction of the Boat Docking Facilities. 17.05. Condemnation of Boat Docking Facilities; Application of Proceeds. In the event that part, but not all, of the Boat Docking Facilities shall be taken by the exercise of the power of eminent domain at any time before the Expiration Date, subject to the rights of a Project Lender, the compensation awarded to and received by the Developer shall be applied first to the restoration of the Boat Docking Facilities, provided the Boat Docking Facilities can be restored and be commercially feasible for its intended use as contemplated by Section 2.03.1. of this Agreement after the taking, and, if not, can be retained by the Developer. ARTICLE 18. MISCELLANEOUS 18.01. Assignments. 1. By the Developer. a. The Developer may sell, convey, assign or otherwise dispose of any or all of its right, title, interest and obligations in and to the Boat Docking Facilities, or any part thereof, only with the prior written consent of the City, which consent is hereby granted for assignment to a party to which Developer’s rights are assigned pursuant to the Development Agreement, provided that such party (hereinafter referred to as the "assignee"), to the extent of the sale, conveyance, assignment or other disposition by the Developer to the assignee, shall be bound by the terms of this Agreement the same as the Developer for such part of the Boat Docking Facilities as is subject to such sale, conveyance, assignment or other disposition. b. If the assignee of the Developer’s right, title, interest and obligations in and to the Boat Docking Facilities, or any part thereof assumes all of the Developer’s obligations hereunder, then the Developer shall be released from all such obligations hereunder which have been so assumed by the assignee, and the City agrees to execute an instrument evidencing such release, which shall be in recordable form. c. An assignment of the Boat Docking Facilities, any part thereof, by the Developer to any corporation, limited partnership, limited liability company, general partnership, or joint venture, in which the Developer (or an entity under common control with Developer) has either the controlling interest or through a joint venture or other arrangement shares equal management rights and maintains such controlling interest or equal management rights shall not be deemed an assignment or transfer subject to any restriction on or approvals of assignments or transfers imposed by this Section 18.01, provided, however, that notice of such assignment shall be given by the Developer to the City not less than thirty (30) days prior to such assignment being effective and the assignee shall be bound by the terms of this Agreement to the same extent as would the Developer in the absence of such assignment. d. Notwithstanding the foregoing, so long as this Agreement is in effect, Developer shall have the right to sublease or license the use of individual Developer Boat Slips to owners, tenants and guests in accordance with Subsection 2.03.05 above without City’s consent. 18.02. Successors and Assigns. The terms herein contained shall bind and inure to the benefit of the City, and its successors and assigns, and the Developer and its successors and assigns, except as may otherwise be specifically provided herein. 18.03. Notices. 1. All notices, demands, requests for approvals or other communications given by either party to another shall be in writing, and shall be sent by registered or certified mail, postage prepaid, return receipt requested or by courier service, or by hand delivery to the office for each party indicated below and addressed as follows: To the Developer: To the City: THE SANDPEARL RESORT, LLC 500 Mandalay Avenue Clearwater, FL 33767 Attn: Don Wolfe City of Clearwater P.O. Box 4748 Clearwater, FL 33756 with copy to: with copies to: Greene Hamrick Quinlan & Schermer, P.A. 601 12th Street West Bradenton, FL 34205 Attn: Robert F. Greene, Esquire Pam Akin, Esquire Clearwater City Attorney P.O. Box 4748 Clearwater, FL 33756 2. Notices given by courier service or by hand delivery shall be effective upon delivery and notices given by mail shall be effective upon receipt. Refusal by any person to accept delivery of any notice delivered to the office at the address indicated above (or as it may be changed) shall be deemed to have been an effective delivery as provided in this Section 18.03. The addresses to which notices are to be sent may be changed from time to time by written notice delivered to the other parties and such notices shall be effective upon receipt. Until notice of change of address is received as to any particular party hereto, all other parties may rely upon the last address given. 18.04. Applicable Law and Construction. The laws of the State of Florida shall govern the validity, performance and enforcement of this Agreement. This Agreement has been negotiated by the City and the Developer and the Agreement, including, without limitation, the Exhibits, shall not be deemed to have been prepared by the City or the Developer, but by all equally. 18.05. Venue; Submission to Jurisdiction. 1. For purposes of any suit action, or other proceeding arising out of or relating to this Agreement, the parties hereto do acknowledge, consent, and agree that venue thereof is Pinellas County, Florida. 2. Each party to this Agreement hereby submits to the jurisdiction of the State of Florida, Pinellas County and the courts thereof and to the jurisdiction of the United States District Court for the Middle District of Florida, for the purposes of any suit, action, or other proceeding arising out of or relating to this Agreement and hereby agrees not to assert by way of a motion as a defense or otherwise that such action is brought in an inconvenient forum or that the venue of such action is improper or that the subject matter thereof may not be enforced in or by such courts. 3. If at any time during the term of this Agreement the Developer is not a resident of the State of Florida or has no office, employee, City or general partner thereof available for service of process as a resident of the State of Florida, or if any permitted assignee thereof shall be a foreign corporation, partnership or other entity or shall have no officer, employee, agent, or general partner available for service of process in the State of Florida, the Developer hereby designates the Secretary of State, State of Florida, its agent for the service of process in any court action between it and the City, or both, arising out of or relating to this Agreement and such service shall be made as provided by the laws of the State of Florida for service upon a non-resident; provided, however, that at the time of service on the Florida Secretary of State, a copy of such service shall be delivered to the Developer at the address for notices as provided in 18.03. 18.06. Estoppel Certificates. The Developer and the City shall at any time and from time to time, upon not less than ten (10) days prior notice by another party hereto, execute, acknowledge and deliver to the other parties a statement in recordable form certifying that this Agreement has not been modified and is in full force and effect (or if there have been modifications that the said Agreement as modified is in full force and effect and setting forth a notation of such modifications), and that to the knowledge of such party, neither it nor any other party is then in default hereof (or if another party is then in default hereof, stating the nature and details of such default), it being intended that any such statement delivered pursuant to this Section 18.06 may be relied upon by any prospective purchaser, mortgagee, successor, assignee of any mortgage or assignee of the respective interest in the Boat Docking Facilities, if any, of any party made in accordance with the provisions of this Agreement. 18.07. Complete Agreement; Amendments. 1. This Agreement, and all the terms and provisions contained herein, including without limitation the Exhibits hereto, constitute the full and complete agreement between the parties hereto to the date hereof, and supersedes and controls over any and all prior agreements, understandings, representations, correspondence and statements, whether written or oral. 2. Any provision of this Agreement shall be read and applied in para materia with all other provisions hereof. 3. This Agreement cannot be changed or revised except by written amendment signed by all parties hereto. 18.08. Captions. The article and section headings and captions of this Agreement and the table of contents preceding this Agreement are for convenience and reference only and in no way define, limit, describe the scope or intent of this Agreement or any part thereof, or in any way affect this Agreement or construe any article, section, subsection, paragraph or provision hereof. 18.09. Holidays. It is hereby agreed and declared that whenever a notice or performance under the terms of this Agreement is to be made or given on a Saturday or Sunday or on a legal holiday observed in the City, it shall be postponed to the next following business day. 18.10. Exhibits. Each Exhibit referred to and attached to this Agreement is an essential part of this Agreement. The Exhibits and any amendments or revisions thereto, even if not physically attached hereto shall be treated as if they are part of this Agreement. 18.11. No Brokers. The City and the Developer hereby represent, agree and acknowledge that no real estate broker or other person is entitled to claim or to be paid a commission as a result of the execution and delivery of this Agreement, including any of the Exhibits. 18.12. Not an Agent of City. During the term of this Agreement, the Developer hereunder shall not be an agent of the City with respect to any and all services to be performed by the Developer (and any of its agents, assigns, or successors) with respect to the Boat Docking Facilities. 18.13. Memorandum of Agreement. The City and the Developer agree to execute, in recordable form, at the request of either party, a short form "Memorandum of Agreement” and agree, authorize and hereby direct such Memorandum to be recorded in the public records of Pinellas County, Florida, as soon as possible after execution thereof. The Developer shall pay the cost of such recording. 18.14. Public Purpose. The parties acknowledge and agree that this Agreement satisfies, fulfills and is pursuant to and for a public purpose and municipal purpose and is in the public interest, and is a proper exercise of the City's power and authority. 18.15. No General Obligation. In no event shall any obligation of the City under this Agreement be or constitute a general obligation or indebtedness of the City, a pledge of the ad valorem taxing power of the City or a general obligation or indebtedness of the City within the meaning of the Constitution of the State of Florida or any other applicable laws, but shall be payable solely from legally available revenues and funds. Neither the Developer nor any other party under or beneficiary of this Agreement shall ever have the right to compel the exercise of the ad valorem taxing power of the City or any other governmental entity or taxation in any form on any real or personal property to pay the City's obligations or undertakings hereunder. 18.16. Other Requirements of State Law. Nothing in this Agreement shall be deemed to relieve either party from full compliance with any provision of State law which is applicable to any of the obligations or undertakings provided for in this Agreement. In the event that this Agreement omits an obligation to comply with any provision of State law in regard to any of the obligations or undertakings provided for in this Agreement, it is the intention of the parties that such applicable State law shall be deemed incorporated into this Agreement and made a part thereof. In the event that there is any conflict between the provisions of this Agreement and applicable State law, it is the intention of the parties that the Agreement shall be construed to incorporate such provisions of State law and that such provisions shall control. 18.17. Technical Amendments; Survey Corrections. In the event that due to minor inaccuracies contained herein or any Exhibit attached hereto or any other agreement contemplated hereby, or due to changes resulting from technical matters arising during the term of this Agreement, the parties agree that amendments to this Agreement required due to such inaccuracies, unforeseen events or circumstances which do not change the substance of this Agreement may be made and incorporated herein. The City Manager is authorized to approve such technical amendments on behalf of the City, respectively, and is authorized to execute any required instruments, to make and incorporate such amendment to this Agreement or any Exhibit attached hereto or any other agreement contemplated hereby. 18.18. Term; Expiration; Certificate. 1. If not earlier terminated as provided in Section 12.05, this Agreement shall expire and no longer be of any force and effect on April 30, 2024. The City shall have the unilateral option to renew this Agreement for five (5) successive renewal terms of five (5) years each by written notice to Developer. The date of expiration of this Agreement is the “Expiration Date”. 2. If the City exercises all five (5) renewal options this Agreement shall expire on April 30, 2049 (“Final Expiration Date”) and exclusive possession of the Boat Docking Facilities shall be relinquished by Developer to City together with ownership of all improvements within the Boat Docking Facilities (excluding the Slip Improvements) (“Improvements”). At the request of the City, Developer shall execute and deliver to City a Bill of Sale as to all Improvements. In the event the City does not exercise one of the renewal options so that this Agreement expires prior to the Final Expiration Date, City agrees to pay to Developer an amount equal to the unamortized cost on the Expiration Date incurred by Developer in connection with the design, permitting and construction of all Improvements (“Project Costs”) such unamortized Project Costs to be determined by amortizing the Project Costs on a straight line basis over the thirty (30) year period commencing on the Lease Commencement Date. Upon expiration or termination of this Agreement, Developer may at its option and at its sole expense remove the Slip Improvements. Costs relating to the Slip Improvements shall not be considered part of the Project Costs. The total Project Costs to be amortized as provided above shall not exceed $1,000,000.00. 3. Upon completion of the term of this Agreement including all renewal terms exercised by City, all parties hereto shall execute the Agreement Expiration Certificate. The Agreement Expiration Certificate shall constitute (and it shall be so provided in the certificate) a conclusive determination of satisfactory completion of all obligations hereunder and the expiration of this Agreement. 4. In the event of any dispute as to whether any party is required to execute the Agreement Expiration Certificate, the dispute shall be resolved by arbitration as provided in Article 14. 5. The Agreement Expiration Certificate shall be in such form as will enable it to be recorded in the public records of Pinellas County, Florida. Following execution by all of the parties hereto, the Agreement Expiration Certificate shall promptly be recorded by the Developer in the public records of Pinellas County, Florida and the Developer shall pay the cost of such recording. 18.19. Approvals Not Unreasonably Withheld. The parties hereto represent that it is their respective intent as of the Effective Date and do covenant and agree in the future that all approvals, consents, and reviews will be undertaken and completed as expeditiously as possible, in good faith, and will not be arbitrarily or unreasonably withheld, unless otherwise expressly authorized by the terms of this Agreement. 18.20 Severability. If any term, provision or condition contained in this Agreement shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of such term, provision or condition to persons or circumstances other than those in respect of which it is invalid or unenforceable, shall not be affected thereby, and each term, provision and condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 18.21. Effective Date. The Effective Date shall be the date of the last signature to this Agreement. BALANCE OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGES FOLLOW IN WITNESS WHEREOF, the parties hereto have set their hands and their respective seals affixed as of this ____ day of _______________, 2019. THE CITY OF CLEARWATER, FLORIDA George N. Cretekos Mayor Approved as to form: Michael P. Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk THE SANDPEARL RESORT, LLC, a Florida limited liability company By: CLEARPEARL LLC a Florida limited liability company Managing Member By:_______________________________ Name: Title: STATE OF __________________ COUNTY OF _______________ The foregoing instrument was acknowledged before me this day of , 2019, __________________________ as Manager of Clearpearl LLC, a Florida limited liability company, the Managing Member of The Sandpearl Resort, LLC, a Florida limited liability company, who is □ personally known to me or □ has produced a Florida driver’s license or □ ________________________ as identification. NOTARY PUBLIC Printed Name: Commission No. My Commission expires: Exhibit “A” Site Plan EXHIBIT “B” CITY PROPERTY LEGAL DESCRIPTION Upland Property PID# 05/29/15/00000/330/0100 BEG AT NW COR LOT 9 YACHT BASIN SUB RUN N’LY ALONG E R/W MANDALAY AVE 400 FT(S) TH E’LY ALONG S R/W CLEARWATER ST 915 FT(S) TH S’LY ALONG SEAWALL 195 FT(S) TH W’LY MEANDERING SHORELINE 700 FT(S) TH S’LY 100 FT(S) TH SW’LY ALONG SEAWALL 245 FT(S) TH S’LY 60 FT(S) TH W’LY 27 FT(S) TO POB CONT 4.13 AC(C) EXHIBIT “C” MAINTENANCE STANDARDS DAILY: • Inspect Boat Docking Facilities • Enforce use restrictions, including, but not limited, the use restrictions found in Section 2.03.5 of this Agreement • Respond to emergency conditions WEEKLY: • Trash removal (or more frequently as needed) • Lighting inspection and light bulb replacement • General maintenance inspection. Docking Facilities to be maintained in good condition and repair with all deteriorated or damaged materials and loose screws/nails replaced as needed. All repairs to be completed within ten (10) working days, however any repairs required for safe use of facilities shall be completed as soon as possible under the circumstances. QUARTERLY: • Thorough inspection of Docking Facilities with the City Harbor Master. All required repairs identified in quarterly inspection to be documented by written report and signed by a representative of Developer and City Harbor Master. All repairs to be completed in the time frame to be stated in the inspection report and Developer shall provide written certification upon completion. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#19-6826 Agenda Date: 10/14/2019 Status: Reported to CouncilVersion: 1 File Type: Action ItemIn Control: Marine & Aviation Agenda Number: 11.2 SUBJECT/RECOMMENDATION: Ratify and confirm Submerged Land Lease (SLL) between the State of Florida and the City of Clearwater for the shared docking facility adjacent to the Beach Recreation Center and authorize the appropriate officials to execute same. SUMMARY: This shared docking facility has been operating under a Temporary Use Agreement (TUA) from the State of Florida following an ownership discrepancy until a Submerged Land Lease could be secured. This SLL authorizes a forty-two slip commercial docking facility for the mooring of recreational vessels. Fifteen or 36% of these slips are open to the public free of charge on a first come basis. The remaining twenty-seven or 64% of the slips will be used by the Sandpearl Resort under a separate Docking Agreement between the City and Sandpearl Resort, LLC. APPROPRIATION CODE AND AMOUNT: Funds are available in non-departmental cost code 0107010-544300 (rentals-land), to fund this agreement. Offsetting revenues will be coded to General Fund reimbursement revenue code 010-369903. Page 1 City of Clearwater Printed on 10/14/2019 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#19-6575 Agenda Date: 10/14/2019 Status: Reported to CouncilVersion: 1 File Type: Action ItemIn Control: Solid Waste/General Services Agenda Number: 12.1 SUBJECT/RECOMMENDATION: Authorize establishment of new capital improvement project, C-2005-NORD Underground Refuse Program and project purchases for a total budget amount of $1,570,090, which includes Construction Management at Risk Services from Biltmore Construction Co. Inc. in the amount of $650,500, a truck chassis from Kenworth of Central Florida in the amount of $235,214, and NORD Underground Refuse Systems in the amount of $470,139, all in accordance with Clearwater Code of Ordinances Section 2.564(1)(d) Other Government Entities Bids and authorize the appropriate officials to execute same. (consent) SUMMARY: The requested new capital improvement project is for the purchase of the collection vehicle, containers and the associated installation of the NORD Underground Refuse System. This system has proven successful for use in densely populated areas with a high-water table. The system features an above ground, secure kiosk appropriate for accepting large amounts of solid waste while keeping the trash in a large underground container which prevents over-flowing above ground containers, wind-blown litter, and nuisance animals. This system is being used in Italy, France, Spain, Slovenia, Turkey, Argentina, Peru, and most recently in Kissimmee, FL. The system boxes will be paired (one refuse and one recycling) at seven locations throughout the City: three at beach accesses near Mandalay Park, three on Mandalay Avenue near the Hilton Hotel and one at the main entrance of Spectrum Field. On August 4, 2016, City Council approved the use of Construction Management at Risk Services (CMAR) for Continuing Contracts. Biltmore Construction Co., Inc. of Belleair, FL is one of the authorized CMAR contractors through August 2020. The awarded firms were selected in accordance with Florida Statutes 255.103 and 287.055 under Request for Qualifications #24-16 based upon construction experience, financial capability, availability of qualified staff, local knowledge and involvement in the community. Biltmore Construction will design and construct the seven sets of below grade containment housings for the refuse system boxes for a guaranteed maximum price (GMP) of $650,500. The 2020 Autocar ACX truck will be purchased via piggyback on Florida Sheriffs Contract FSA18-VEH16.0 (October 1, 2019 - September 30, 2020) from Kenworth of Central Florida in the amount of $235,214. The specialized NORD Refuse System Body for the truck (including installation of crane package, hook lift, and compactor), and container purchases including delivery (14 each five-cubic meter underground units and two five-cubic meter above-ground units) will be purchased via piggyback on an executed agreement with the City of Kissimmee dated July 11, 2016 from Underground Refuse Systems in Kissimmee, FL for $470,139 . Other project costs, estimated at $214,237, include vehicle upfitting, survey, permits, and other miscellaneous project related expenses. Page 1 City of Clearwater Printed on 10/14/2019 File Number: ID#19-6575 The Solid Waste Department will own and maintain the underground refuse systems. APPROPRIATION CODE AND AMOUNT: Capital improvement project C2005, Underground Refuse Program A first quarter FY20 budget amendment will establish capital project C2005, Underground Refuse Program with a total budget of $1,570,090; provide a transfer of $841,262 of Solid Waste revenue from fund reserves; a transfer of $184,600 of Solid Waste revenue from project 96444, Commercial Container Acquisition; and an increase of $544,228 in lease purchase revenue, to provide project funding. USE OF RESERVE FUNDS: Funding for this project will be provided by a first quarter FY20 budget amendment allocating Solid Waste and Recycling Fund reserves in the amount of $841,262 to capital improvement project C2005, Underground Refuse Program. The remaining balance of Solid Waste and Recycling Fund reserves after 50% working capital reserves is approximately $19.8 million or 75% of the current Solid Waste and Recycling Fund operating budget. Page 2 City of Clearwater Printed on 10/14/2019 2019/20 PROPOSED CAPITAL IMPROVEMENT PROJECT WORKSHEET PROJECT TITLE: Underground Refuse Project DEPARTMENT/PROGRAM: Solid Waste/Commercial Collection PROJECT #: C2005 CONTACT PERSON/PHONE: Earl Gloster (727) 562-4990 DATE SUBMITTED: May 31, 2019 OPERATING COST CENTER NO (if applicable): Commercial Collection/4242083 (C)(D)(E)(F)(G)(H)(I)(J) PROPOSED 19/20 20/21 21/22 22/23 23/24 24/25 TOTAL FUNDING 1. Land Acquisition 10,000 5,000 5,000 10,000 Reserves 2. Professional Services 40,000 20,000 20,000 40,000 Reserves 3. Site Development 19,000 9,500 9,500 19,000 Reserves 4. Construction 750,000 375,000 375,000 750,000 Reserves 5. Furniture, Machinery & Operating Equipment 743,000 0 A. Specialized Service Vehicle 553,000 553,000 Debt Service B. Underground & Above Ground Units 190,000 190,000 Reserves 6. Public Art Funding 8,090 8,090 8,090 Reserves TOTAL 1,570,090 1,160,590 409,500 0 0 0 0 1,570,090 *L/P ESTIMATED OPERATING COSTS Approval 7. Personal Services - # of new FTE's _____0 8. Other Operating Expenses (Garage Services)9,500 9,500 9,500 9,500 9,500 9,500 57,000 9. Capital Outlay 0 10. Debt Service 58,800 117,600 117,600 117,600 117,600 58,800 588,000 TOTALS 0 68,300 127,100 127,100 127,100 127,100 68,300 645,000 PROJECT DESCRIPTION/EXPLANATION (Circle and Complete One Response): 11. New Project Description and Justification:12. Existing Project Funding/Scope Modification (explain): (B) Totals from CIP Checklist ESTIMATED CAPITAL COSTS The department proposes to take advantage of the practicality of underground refuse containers and their use in high water table, densely populated areas. This system saves space above ground by featuring a secure kiosk appropriate to accepting large amounts of solid waste while keeping the trash in a large (up to 10 cubic yards) underground container which prevents over- flowing above ground containers, wind-blown litter, and nuisance animals. This system is being used in Italy, France, Spain, Slovenia, Turkey, Argentina, Peru, and most recently in Kissimmee, FL. This project scope includes the acquisition of one service vehicle, fourteen 6.5 cubic yard underground units (in 7 side-by-side configurations), and two 5 cubic yard above ground units. Prices include the construction and installation costs of the above ground and underground units. 15. TECHNOLOGY APPROVAL (if applicable): 14. COMPREHENSIVE PLAN OBJECTIVE (if applicable): 13. STRATEGIC DIRECTION PRIORITY: August 19, 2016 Biltmore Construction Co., Inc. Attention: Jeff Parker 1055 Ponce de Leon Blvd. Belleair, FL 33756 RE: 2016 – 2020 Construction Management at Risk Services for Continuing Contracts Dear Mr. Parker: Biltmore Construction Co. Inc., has been awarded the 2016 – 2020 Construction Management at Risk Services for Continuing Contracts by the City of Clearwater Engineering Dept. and City Council. Enclosed are the contract documents for your files. Per the Request for Qualifications RFQ # 24-16, the following insurance documents are required. Please submit the insurance documents references below no later than Friday, Sept, 2, 2016 to: City of Clearwater Attn: Engineering Contract Specialist, RFQ #24-16 P.O. Box 4748 Clearwater, FL 33758-4748 Or via email to Lisa.Bayly@myclearwater.com INSURANCE REQUIREMENTS. The Contractor (respondent) shall, at its own cost and expense, acquire and maintain (and cause any subcontractors, representatives or agents to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A-VII or better. In addition, the City has the right to review the Contractor’s deductible or self-insured retention and to require that it be reduced or eliminated. Specifically the Contractor must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement. Specific work may require additional coverage on a case by case basis: a.Commercial General Liability Insurance coverage, including but not limited to, premises operations, products/completed operations, products liability, contractual liability, advertising injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. b.Commercial Automobile Liability Insurance coverage for any owned, non-owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars) combined single limit. The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS PERSTATUTE OTH-ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe underDESCRIPTION OF OPERATIONS below (Mandatory in NH)OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNEDAUTOSAUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSDADDL WVDSUBR N / A $ $ (Ea accident) (Per accident) OTHER: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS:E-MAIL FAX(A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 9/16/2016 Cobb Strecker Dunphy & Zimmermann150 South Fifth StreetSuite 2800Minneapolis MN 55402 Biltmore Construction Inc1055 Ponce De Leon BlvdBelleair FL 33756 Zurich American Insurance Company American Guarantee & Liab Ins Catlin Specialty Insurance Company 16535 26247 15989 Val Hendrickson 612-349-2446 vhendrickson@csdz.com BILTCONI 1380777855 A GLO008451101 1/1/2016 1/1/2017 1,000,000 1,000,000 15,000 1,000,000 2,000,000 2,000,000 X X X X Contr Liab per Policy Form/XCU X X A X X X X Comp: $1,000 X Coll: $1,000 BAP008451201 1/1/2016 1/1/2017 1,000,000 Hired Auto Phys Dmge ACV B X X X 0 AUC578165502 1/1/2016 1/1/2017 20,000,000 20,000,000 A N WC008451401 1/1/2016 1/1/2017 X 1,000,000 1,000,000 1,000,000 CA Prof-Claims Made/Poll-OccurrenceLeased or Rented Equip/ACVProperty-Specific/Repl Cost CPV6929310117CPP105206801 1/1/20161/1/2016 1/1/20171/1/2017 $2,000,000 Policy Agg$1,000 Deductible$5,000 Deductible $2,000,000 Ea Loss$250,000 Per Item$860,000 Construction Management at Risk Services for Continuing Contracts Additional Insured only if required by written contract with respect to General Liability applies on a primary basis and the Insurance of the Additional Insured shall be Non-Contributory: Certificate Holder, Project Owner and Others as required by written contract. See Attached... City of ClearwaterPO Box 4748Clearwater FL 33758-4748 ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD © 2008 ACORD CORPORATION. All rights reserved. THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:FORM TITLE: ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE Page of AGENCY CUSTOMER ID: LOC #: AGENCY CARRIER NAIC CODE POLICY NUMBER NAMED INSURED EFFECTIVE DATE: The following supersedes the cancellation wording: Should any of the above described policies be cancelled before the expiration date, 30 Days written notice (10 Days for Non-Payment) will be delivered to the certificate holder. 11 Biltmore Construction Inc 1055 Ponce De Leon Blvd Belleair FL 33756 BILTCONI Cobb Strecker Dunphy & Zimmermann 25 CERTIFICATE OF LIABILITY INSURANCE 111 East Monument St. Suite 401 Kissimmee, FL 34741 September 25, 2019 Earl Gloster-Solid Waste Director Bryant Johnson-Assistant Solid Waste Director 1701 North Hercules Avenue Clearwater FL 33765 Prices for all Nord Equipment is based on July 11, 2016 City of Kissimmee executed agreement Underground Refuse Systems inc. (URS), see attached “Exhibit A”; from Kissimmee agreement (attached) . URS is exclusive United States Licensee for Nord Engineering solid waste technology (See attached letter) Crane Package including backup crane $148,261.00 Includes the following Easy J2 2500S Crane Automatic greasing/lubricant system GSM Disposal System with Modem Rear safety camera Backup crane attachment 2 monitors inside the truck cab with joystick Control panel and touchscreen Hook Lift $43,196.00 26 ton lifting power External rear locking Controls with button panel in the cab Vertical descent rear stabilizer Inter lock safety device 4 component external laterally mounted distributor 26.5 cubic yard compactor $54,082.00 45 ton thrust capacity Working through truck oil pressure line Electronically managed reverse pusher, through magnetic sensors by proportional distributors Slowdown drawer system and reversing 30 second working cycle Device for the complete closure of the hopper removes leaks of light materials during truck movement, made up of a sliding grid on rails moved by a hydraulic cylinder, inductive sensors for movement detection, oil pressure pipes and quick connection with the frame, electrical wiring and interface connection with the equipment software. Rear door with upward hydraulic opening and safety hydraulic closure 111 East Monument St. Suite 401 Kissimmee, FL 34741 Truck assembly at City of Kissimmee fleet operations center $40,000.00 12 5 Cubic meter (6.5 cubic yard) underground units delivered fully assembled. See “Exhibit A” from Kissimmee Agreement for product detail. Total price $174,000.00 2 5 cubic meter (6.5 cubic yard) Underground units fully assembled at NC to City for use at Phillies Spring Training Stadium. (Donated by URS to City of Clearwater) 2 5 Cubic yard above ground units delivered fully assembled $6600.00 Please note this does NOT include any underground unit installation prices. At present it appears the City of Clearwater will be contracting directly with another firm for all installations and associated costs (Civil Engineering, Geotechnical, Engineering, Permitting, etc.) Price breakdown: $40,000.00 Truck assembly $148,261.00 Crane/Backup crane $43,196.00 Hook lift $54,082.00 Compactor $174,000.00 14 Underground Complete Units (2 at NC) $6600.00 2 Above ground units $4,000.00 delivery fee for 14 Underground and 2 above ground units ________________________________________________________ $470,139.00 Total MANDALAY AVE POINSETTIA AVE BAYMONT ST BAY ESPLANADE EAST SHORE DRCAUSEWAY BLVD CYPRUS AVE KENDALL ST CORONADO DR ROCKAWAY ST PAPAYA ST SAN MARCO ST LOCATION MAP ^ ² N.T.S.Scale: Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com Underground Refuse SystemContract #19-0003-SWRefuse Vault Page 1 of 2Date:6/21/2019267AGrid #:08-29s-15eS-T-R:WDMap Gen By: Document Path: V:\GIS\Engineering\Location Maps\19-0003-SW Refuse Vault1.mxd ^^ ^^^ GulfofMexico ClearwaterHarbor ^SKReviewed By: Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#19-6931 Agenda Date: 10/14/2019 Status: Reported to CouncilVersion: 1 File Type: Action ItemIn Control: Solid Waste/General Services Agenda Number: 12.2 SUBJECT/RECOMMENDATION: Approve the purchase of HVAC replacement and repair parts, for an annual not to exceed amount of $350,000 for Fiscal Year 19/20, to vendors as listed, in accordance with Clearwater Code of Ordinances Section 2.564(1)(d) Other Government Entities Bids, to include other sourced vendors as required, and authorize the appropriate officials to execute same. (consent) SUMMARY: Most of the Building & Maintenance HVAC purchases for equipment replacement and repair parts have been made as sole source buys direct from the manufacturer or manufacturer’s distributor, or by piggybacking other entities’ contracts. The authorizations for sole source and/or piggyback contracts have been brought to Council each time the source-specific expenditures are expected to exceed $100,000 within a single year, as required by city code. This request consolidates the authorization to utilize properly sourced piggyback contracts and/or sole source manufacturers and distributors, not limited to the following: · Tampa Bay Trane - US Communities (Contract # 15-JLP-023 expires Sept. 30, 2022) · Florida Cooling & Supply - Distributor (Heil, Copeland, Honeywell, Larkin, Tempstar, Grandaire, Arcoaire, Manitowoc and associated parts, controls, motors and tools) · Johnstone Supply - Distributor (Westinghouse, Daiken, Coleman, CDI, and Goodman and associated parts, controls, motors, and tools) · United Refrigeration - Distributor (Mitsubishi, Fijitsu, Bohn, Airtemp, Nordyne and associated parts, controls, motors, and tools) · RE Michel Company - Distributor (Heil, Arocaire, Tempstar, Tecumseh, Copeland and associated parts, controls, motors, and tools) The estimated 20% of annual parts spend that is not sole source or piggyback is with vendors who are contacted for quotes. Additional vendors will be engaged as needed. Flexibility is requested to allow for expenditure of budgeted funds as needed throughout the year, in accordance with the intent of this general authorization. APPROPRIATION CODE AND AMOUNT: Page 1 City of Clearwater Printed on 10/14/2019 File Number: ID#19-6931 5656531-546200 GSBM180001-R&M -MATLS These funds are available in the operating expense of Building & Maintenance as budgeted in fiscal year 19/20 as well as funding available in the project. Page 2 City of Clearwater Printed on 10/14/2019 Building Solutions REQUEST INFORMATION Overview Contract Documentation Energy Services  (866 )875-3299 | Contact Us REGISTER  MENU Page 1 of 6Trane | OMNIA Partners 9/10/2019https://www.omniapartners.com/publicsector/contracts/supplier-contracts/trane U.S. Communities and National IPA, both wholly-owned subsidiaries of OMNIA Partners, have come together as OMNIA Partners, Public Sector. All public sector participants already registered with National IPA or U.S. Communities continue to have access to all contracts, with certain exceptions, in the portfolio and do not need to re-register to use a legacy National IPA, legacy U.S. Communities, or new OMNIA Partners contract. U.S. Communities and National IPA remain separate legal entities and lead agency contracts completed under each brand are effective and available for use through the contract’s approved term. In the event we believe re- registration is necessary for any reason, OMNIA Partners will let you know. HVAC Products, Installation, Services and Related Products and Services Lead Agency Harford County Public Schools, MD Contract Number 15-JLP-023 3-year initial term, October 1, 2015, through September 30, 2018 Option to renew for (2) additional (2) year periods The contract is renewed for two (2) years, effective October 1, 2018, through September 30, 2020 The contract is renewed for two (2) years, effective October 1, 2020, through September 30, 2022 Executive Summary •Uniform Guidance HVAC Equipment & Parts Building Services Sustainability Solutions for K-12 Schools Solutions for Higher Education  Page 2 of 6Trane | OMNIA Partners 9/10/2019https://www.omniapartners.com/publicsector/contracts/supplier-contracts/trane Contract Documents •Trane Contract 15-JLP-023 •Trane Contract 15-JDP-023 Amendment – Bonds •Parts Pricing •Harford County Public Schools Contact Information •Pricing Clarification •Contract Renewal 1 •Contract Renewal 2 RFP Documents •RFP 15-JLP-023 •RFP 15-JLP-023 Addendum 1 •RFP 15-JLP-023 Addendum 2 •RFP 15-JLP-023 Addendum 3 •RFP 15-JLP-023 Postings Response Evaluation •AZ Compliance Energy Savings Performance Contracting Technical Energy Audit Services Lead Agency Port of Portland, OR Contract Number 1153 6-year initial term, December 1, 2017 - December 3, 2023 Option to renew for (1) additional (5) year period Executive Summary •Uniform Guidance  Page 3 of 6Trane | OMNIA Partners 9/10/2019https://www.omniapartners.com/publicsector/contracts/supplier-contracts/trane Contract Documents •Trane Contract 1153 •Contract Amendment RFP Documents •RFP 2017-7473 •Schedule 1 Pricing Scenario •Schedule 2 Pricing Scenario •RFP 2017-7473 Addendum 1 •RFP 2017-7473 Addendum 2 •RFP 2017-7473 Addendum 3 •RFP 2017-7473 Postings Response Evaluation •AZ Compliance DOWNLOAD BROCHURE  Page 4 of 6Trane | OMNIA Partners 9/10/2019https://www.omniapartners.com/publicsector/contracts/supplier-contracts/trane . Contact Information Email: tranecoop@irco.com Phone: 832-551-7999 Fax: 972-243-1398 SUPPLIER WEBSITE  Get in Touch  Page 5 of 6Trane | OMNIA Partners 9/10/2019https://www.omniapartners.com/publicsector/contracts/supplier-contracts/trane First name*Last name* Company name*Agency Type * 840 Crescent Centre Drive Suite 600 Franklin, TN 37067 866-875-3299 info@omniapartners.com Sign up to receive email updates from OMNIA Partners, Public Sector Email* SIGN UP FOR EMAIL UPDATES Events Contact Us Website by SyncShow | Privacy Policy | Terms of Use Contracts Solicitations Who We Are What We Do Who We Serve Resources  Page 6 of 6Trane | OMNIA Partners 9/10/2019https://www.omniapartners.com/publicsector/contracts/supplier-contracts/trane Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#19-6933 Agenda Date: 10/14/2019 Status: Reported to CouncilVersion: 1 File Type: Action ItemIn Control: Solid Waste/General Services Agenda Number: 12.3 SUBJECT/RECOMMENDATION: Authorize the award of Invitation to Bid Number 47-19, Police Vehicle Upfitting Services, to Enforcement One, Inc. of Oldsmar, FL, in the annual not-to-exceed amount of $300,000.00, to include two one-year renewal terms at the City's option and authorize the appropriate officials to execute same. (consent) SUMMARY: Invitation to Bid (ITB) No. 47-19 was issued in August 2019, and two responses were received. The ITB pricing structure was based on specific equipment and installation needs necessary for the Up-Fitting of police vehicles to be purchased in fiscal year 2020: ·14 Police Ford Interceptor Utility Vehicles ·6 Police Chevrolet Tahoe ·3 Civilian Ford F150 Trucks ·2 Civilian Nissan Frontiers ·1 Civilian Ford Explorer The requested authorization for $300,000 includes additional costs associated with damaged or totaled vehicles during the fiscal year. Enforcement One, Inc. was the lowest bidder on ITB 47-19. APPROPRIATION CODE AND AMOUNT: Funds for FY20 are budgeted in 0101131-541500 (Garage Services Variable) ·FY20 $300,000 Future fiscal year budgets will include requests for funding: ·FY21 $300,000 ·FY22 $300,000 Page 1 City of Clearwater Printed on 10/14/2019 NOTICE OF INTENT TO AWARD Police and Purchasing recommend award of ITB 47-19, Police Vehicle Upfitting Services, to Enforcement One, Inc., the lowest responsible bidder, in accordance with the bid specifications, in the estimated amount of $300,000 annually, for a period of one (1) year, with two (2), one (1) year extension options. This Award recommendation will be considered by the City Council at the October 14, 2019 Work Session (9:00 a.m.) and voted on at the October 16, 2019 Council Meeting (5:00 p.m.). These meetings are held at Clearwater Main Library, at 100 N. Osceola Ave., Clearwater, FL 33755. Inquiries regarding this Intent to Award can be directed to the City’s Procurement Analyst at (727) 562-4635, or mailed to City of Clearwater, Attn: Purchasing, PO Box 4748, Clearwater, FL 33758- 4748. Posted on this date by: Kelly Rogers Procurement Analyst CITY OF CLEARWATER ITB # 47-19 Police Vehicle Upfitting Services DUE DATE: September 19, 2019; 10:00 AM NOTE: Highlighted Cell indicates a calculation correction. BID TABULATION Item No.TYPE OF LOCATE TICKET Quantity Unit Unit Price Total Price Unit Unit Price Total Price A Marked Police Interceptors, upfit services 11 Each $5,502.33 $ 60,525.63 Each $5,983.77 $ 65,821.47 B Unmarked Police Interceptors, upfit services 3 Each $7,658.16 $ 22,974.48 Each $5,291.63 $ 15,874.89 C Marked Police Chevrolet Tahoe, upfit services 3 Each $7,638.89 $ 22,916.67 Each $8,577.50 $ 25,732.50 D Un-marked Police Chevrolet Tahoe, upfit services 3 Each $8,590.67 $ 25,772.01 Each $6,483.02 $ 19,449.06 E Civilian Ford F150 Patrol, upfit services 3 Each $3,907.75 $ 11,723.25 Each $4,809.01 $ 14,427.03 F Civilian Nissan Frontier, upfit services 2 Each $3,646.38 $ 7,292.76 Each $4,819.47 $ 9,638.94 G Civilian Ford Explorer, upfit services 1 Each $3,079.58 $ 3,079.58 Each $5,073.01 $ 5,073.01 H Hourly service rate for equipment removal from damaged vehicles n/a Hour $75.00 Hour n/a TOTAL: $ 154,284.38 TOTAL: $ 156,016.90 Dana Safety Supply, Inc *Enforcement One, Inc * Unit Prices modified to reflect itemized equipment per item Plus vendors installation price (from vendors Bid Pricing form pg. 24) Page 1 of 1 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9298-19 2nd rdg Agenda Date: 10/14/2019 Status: Reported to CouncilVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 13.1 SUBJECT/RECOMMENDATION: Pass Ordinance 9298-19 on second reading, annexing certain real property whose post office address is 1819 Audubon Street, Clearwater, Florida 33764, together with a certain portion of Audubon Street right-of-way, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 10/14/2019 Ordinance No. 9298-19 ORDINANCE NO. 9298-19 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTYIES LOCATED GENERALLY NORTH OF LAKEVIEW ROAD, SOUTH OF DRUID ROAD, EAST OF SOUTH DUNCAN AVENUE, AND WEST OF SOUTH HERCULES AVENUE, WHOSE POST OFFICE ADDRESSES ARE IS 1819 AUDUBON STREET CLEARWATER, FLORIDA 33764 AND 1015 WOODSIDE AVENUE, CLEARWATER, FLORIDA 33756, TOGETHER WITH A CERTAIN PORTION OF AUDUBON STREET RIGHT-OF-WAY, 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 propertiesy described herein and depicted on the map attached hereto as Exhibit B haves 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 propertiesy are is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: See attached Exhibit A for Legal Descriptions. (ANX2019-06001) 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 Community Development Coordinator 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. 9298-19 PASSED ON FIRST READING AS AMENDED PASSED ON SECOND READING ___________________________ AS AMENDED PASSED ON THIRD 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 ANX2019-06001 ========================================================================================= No. Parcel ID Lot No., Block No. Address 1. 13-29-15-32382-000-0130 Lot 13 1819 Audubon St. The above in Gracemoor Subdivision, as recorded in PLAT BOOK 30, PAGE 7, of the Public Records of Pinellas County, Florida. No. Parcel ID Lot No., Block No. Address 2. 14-29-15-62010-000-0060 Lot 6 1015 Woodside Ave. The above in Unit 5 of Oak Acres Subdivision, as recorded in PLAT BOOK 30, PAGE 42, of the Public Records of Pinellas County, Florida. Together with the South 3’ wide portion of Right-of-Way of Audubon St., West of Regent Ave. Exhibit B 317000 406226266283832382 A B C D 24 29 34 39 14 21 44 23 30 33 40 15 20 43 16 19 22 31 32 41 42 17 18 9 8 5 4 1 1 2 3 31 7 6 3 2 4 10 10 11 12 13 14 15 16 5 11 126 7 13 148 9 15 19 18 17 16 1 2 3 4 5 6 1 2 3 4 1 6 52 3 4 1 2 3 4 56 7 8 9 10 1 2 3 4 533/0233/0133/03 33/04 33/05 33/06 33/08 33/071.17 33/09 50 68 142.17 142 163 163 213.61 240 120 137.01879595150 180.15110(S)109.4640(S)40100(S) 90 165.490 454545141.87 14232.3673 110 33 40 33 33 30 619926193861848406A A 10 9 8 5 6 1 19 20 21 7 1 2 3 4 5 6 7 8 9 10 11 12 13 3 4 (1) 4 33 33 AC(C) 1 21 1 DRUID RD S KEENE RD REGENT AVE WOODRUFF AVE WILLOWBRANCH AVE MAGNOLIA DR AUDUBON ST SHADY LN OAK LAKE DR FLORIDA AVE BROOKSIDE DR PARKLAND AVE MAGNOLIA DR 812 819 709 821 804 815 712 809 818 805 715 717 721 821 800 820 713 808 805 817 801 709 821 814 816 810 804 824 818 708 814 716 800 800 815 814 810 809 800 815 708 806801 715 713 806714 804 800 1003 1015 1008 17671011 1010 1012 186017651760101018351811176418261820 1017 10051808 18651814180010111809 101017661800 1016 18451830707 808 708 817 801 708 801 709 705 820 704 810 992 811 809 805 704 712 809 1784179818401004 180918461011 18301019 184818411819182918581845183418331827184218201825183118471828176810151810183010041005 18601020 1001-Not to Scale--Not a Survey-Rev. 9/17/2019 PROPOSED ANNEXATION Owner(s): Daniel De La Cruz Palma Case: ANX2019-06001 Site: 1819 Audubon Street Property Size(Acres): ROW (Acres): 0.42 .028 Land Use Zoning PIN: 13-29-15-32382-000-0130 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 298A To: Residential Low (RL) Low Medium Density Residential (LMDR) DRUID RD S KEENE RD WOODCREST AVE WOODSIDE AVE WOODRUFF AVE MAGNOLIA DR OAK LAKE DR AUDUBON ST JEFFORDS ST MAGNOLIA DR ^ PROJECT SITE -Not to Scale--Not a Survey-Rev. 6/10/2019 PROJECT SITE ^ LOCATION MAP Owner(s): Daniel De La Cruz Palma Marvin Dana Gulley Case: ANX2019-06001 Site: 1819 Audubon Street 1015 Woodside Avenue Property Size(Acres): ROW (Acres): 0.72 Land Use Zoning PIN: 13-29-15-32382-000-0130 14-29-15-62010-000-0060 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 298A 297B To: Residential Low (RL) Low Medium Density Residential (LMDR) AUDUBON ST AUDUBON ST DRUID RD DRUID RD S KEENE RD S KEENE RD WOODSIDE AVE WOODSIDE AVE WOODRUFF AVE WOODRUFF AVE WOODCREST AVE WOODCREST AVE MAGNOLIA DR MAGNOLIA DR OAK LAKE DR OAK LAKE DR JEFFORDS ST JEFFORDS ST MAGNOLIA DR MAGNOLIA DR -Not to Scale--Not a Survey-Rev. 6/10/2019 AERIAL MAP Owner(s): Daniel De La Cruz Palma Marvin Dana Gulley Case: ANX2019-06001 Site: 1819 Audubon Street 1015 Woodside Avenue Property Size(Acres): ROW (Acres): 0.72 Land Use Zoning PIN: 13-29-15-32382-000-0130 14-29-15-62010-000-0060 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 298A 297B To: Residential Low (RL) Low Medium Density Residential (LMDR) 317000 14 3 A B 32 9 8 7 10 11 12 13 14 1 2 3 4 1 2 3 4 5 133/0233/0133/03 33/04 33/05 33/06 1.17 33/ 50 68 142.17 142 163 163 213.61 137.01879595150 180.1540(S)90 165.490 454545141.87 14232.3673 110 33 40 33 33 30 30 13620106197461992619386184861956AB C B A 9 3 2 1 8 1 2 3 4 5 6 7 8 9 10 11 12 13 1 2 3 4 5 6 7 8 9 10 11 12 13 4 5 6 7 8 11 12 13 1 2 3 4 5 6 6 5 4 3 2 2 3 4 5 6 7 8 9 10 1 2 3 1 1 (1) 4 VACVACVAC 33 33 14 13 137.19 1515 3014 13 AC(C) 21 3 DRUID RD S KEENE RD WOODSIDE AVE WOODRUFF AVE WOODCREST AVE MAGNOLIA DR OAK LAKE DR AUDUBON ST JEFFORDS ST MAGNOLIA DR 819818 801 810 800 806 809 801 819 801 814 804 814 821 809 815 800 810 814 809 804 804 815 800 809 818 805 815818 821 805 815 18271209 1008 1007 180817371012 18111022 1003175617501749 1020 176717661015 176517301020 18001009 1010 17491018 1009 101617371012 10101814 1015 1011 1024 1013 1004 1809814 805 811 808 809 805 810 0 4 0 801 8 8 2 18194 18090 4 17251004 181736 0 1820181005173 17571101 1784171025 1019 1717101517 10011798 517517417181100 0 1740-Not to Scale--Not a Survey-Rev. 6/10/2019 EXISTING SURROUNDING USES MAP Owner(s): Daniel De La Cruz Palma Marvin Dana Gulley Case: ANX2019-06001 Site: 1819 Audubon Street 1015 Woodside Avenue Property Size(Acres): ROW (Acres): 0.72 Land Use Zoning PIN: 13-29-15-32382-000-0130 14-29-15-62010-000-0060 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 298A 297B To: Residential Low (RL) Low Medium Density Residential (LMDR) Single Family Residential Single Family Residential ANX2019-06001 Daniel De La Cruz Palma 1819 Audubon Street View looking south at subject property, 1819 Audubon Street East of subject property North of subject property North of subject property, across Audubon Street View looking northerly along Audubon Street View looking easterly along Audubon Street View looking east at subject property, 1015 Woodside Ave. North of subject property East of subject property West of subject property, across Woodside Avenue ANX2019-06001 Marvin D. Gulley 1015 Woodside Avenue View looking northerly along Woodside Avenue View looking easterly along Jeffords Street Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#19-6940 Agenda Date: 10/14/2019 Status: Reported to CouncilVersion: 1 File Type: Council Discussion Item In Control: Council Work Session Agenda Number: 16.1 SUBJECT/RECOMMENDATION: North Greenwood “Community Fun Night” - Vice Mayor Cundiff SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 10/14/2019 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#19-6818 Agenda Date: 10/14/2019 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Work Session Agenda Number: 20.1 SUBJECT/RECOMMENDATION: October Service Awards SUMMARY: 5 Years Of Service: Jose Medina Police Ian Campbell Solid Waste Sarah Fletcher Library Shirlene Spata Police Charlotte Neuberger Marine & Aviation Jarrid Daniels Solid Waste Damian Coppa Solid Waste Logan Johnson Solid Waste Steven Ademovski Customer Service Roderick Wilson Police Fredrick Lise Police Richard Rodrigues Police Ashley Hinkebein Police Winter Aduddell Police Joseph May Police Tyler Rydlewski Police Austin Pullaro Police 10 Years of Service; Casey Matz Fire Sharon Huskey Library Hieu Tran Fire Alan Ryan Fire David Sowers Fire Steven Peters Fire Dominick Briganti Fire Jarett Hood Fire Douglas Kellin Fire Carlos Lang Public Utilities Page 1 City of Clearwater Printed on 10/14/2019 File Number: ID#19-6818 Aaron Campbell Fire Christopher Johnson Fire Christian Miller Fire Romulo Cantor Solid Waste 15 Years of Service: Michael Williams Police Todd Turpack Police Barry Balmer Police Ian Cameron Police Daniel O’Brien Police George Phillips Police 20 Years of Service: Andrew Hawkins Fire Scott Kurleman Planning & Development Steven Smith Fire Gerard DeVivo Fire Matthew Daerr Fire Julie Wykoff Library Louis Pirman Gas Mark Wallace Parks & Recreation 25 Years of Service: Pamela Akin Legal Lynn Hastings Human Resources Kent Walker Library Stephen Reid Engineering 30 Years of Service: Sabrina Chute Information Technology Employee of the Month Presentation: Shane Miller - September EOM - to receive award 10/16/19 @ 6 p.m. Page 2 City of Clearwater Printed on 10/14/2019 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#19-6800 Agenda Date: 10/14/2019 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Work Session Agenda Number: 20.2 SUBJECT/RECOMMENDATION: Red Ribbon Week Proclamation - Michele Edwards, Clearwater Neighborhood Family Center SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 10/14/2019 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#19-6946 Agenda Date: 10/14/2019 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Work Session Agenda Number: 20.3 SUBJECT/RECOMMENDATION: Domestic Violence Awareness Month Proclamation - Kirk Ray Smith, President and CEO of RCS and Melinda Perry, COO of RCS. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 10/14/2019 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#19-6919 Agenda Date: 10/14/2019 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Work Session Agenda Number: 20.4 SUBJECT/RECOMMENDATION: Manufacturing Month Proclamation - Bay Area Manufacturers Association SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 10/14/2019 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#19-6947 Agenda Date: 10/14/2019 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Work Session Agenda Number: 20.5 SUBJECT/RECOMMENDATION: Florida City Government Week Proclamation - Rosemarie Call, City Clerk SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 10/14/2019