11/04/2019Monday, November 4, 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
November 4, 2019Council Work Session Work Session Agenda
1. Call to Order
2. City Manager
Establish a Sister Cities Relationship with Bourges, France and adopt
Resolution 19-35.
2.1
3. Human Resources
Approve an increase to contract number 900052 for employment-related
health care services with BayCare Urgent Care, LLC in the annual amount
of $25,000, for the period January 1, 2019 through December 31, 2019
and the one-year renewal term option and authorize the appropriate
officials to execute same.
3.1
4. Engineering
Award a construction contract to Restocon Corporation of Tampa, Fl., in
the amount of $702,848.40 for the Garden Avenue Garage Restoration
project (18-0033-EN) and authorize the appropriate officials to execute
same. (consent).
4.1
Approve a Joint Project Agreement (JPA) with Pinellas County for
Lakeview Road Utility Relocations (19-0013-UT) related to sidewalk and
drainage improvements in the amount of $529,462.50; and Engineer of
Record (EOR) Supplemental One Work Order to AECOM in the amount of
$24,783.00; and authorize the appropriate officials to execute same.
(consent)
4.2
Approve the final plat for Atmi Junior Greene, whose physical address is
1401 North Belcher Road and is located on the east side of Belcher Road,
approximately ¼ mile north of Palmetto Street. (consent)
4.3
Approve a Performance Agreement with United Public Safety, Ft.
Washington, PA., for a three-year term, December 1, 2019 through
November 30, 2022, with an option of two one-year renewals for parking
violation, permit processing, and collection agency services in the
not-to-exceed amount of $876,600, and authorize the appropriate officials
to execute same. (consent)
4.4
Approve the Contract for Sale of Real Property by the City of Clearwater,
Florida (Contract) between the City of Clearwater and Douglas M. Schrock
and authorize the appropriate officials to execute same, together with all
other instruments required to affect closing. (consent)
4.5
Page 2 City of Clearwater Printed on 11/3/2019
November 4, 2019Council Work Session Work Session Agenda
Approve the Second Amendment to Cooperative Funding Agreement
(CFA) No. 15C00000115 with Southwest Florida Water Management
District (SWFWMD) for the Clearwater Groundwater Replenishment
Project, Phase 3 (N665) and authorize the appropriate officials to execute
same. (consent)
4.6
5. Planning
Provide direction on the proposed second amendment to an existing
Development Agreement between Triprop Clearwater, LLC and M E M PC
Properties Inc. (as assigned by Alanik Properties; Anco Holdings, LLC;
Nikana Holdings, LLC) (the property owners) and the City of Clearwater for
property located at 401, 411, 421, 425 and 431 South Gulfview Boulevard,
which adds Exhibit A-1 to provide an updated legal description to include
parcel 07-29-15-52380-000-0780 to the subject site and replaces Exhibit
B with Exhibit B-1 to provide new conceptual site plans and elevations,
updates Exhibits C and D regarding any references to the legal description
and proposed number overall hotel units, adds Exhibit E which provides
specific language germane to the pedestrian bridge regarding construction
and maintenance and sets a new date by which time site plan approval
must be obtained and confirm a second public hearing in City Council
Chambers before City Council on November 21, 2019 at 6:00 p.m., or as
soon thereafter as may be heard. (HDA2014-06004A)
5.1
6. Solid Waste
Authorize trade-in of 2012 Case backhoe (G3924), to Trekker Group of,
Tampa, FL for the offered amount of $26,500, in accordance with
Clearwater Code of Ordinances Section 2.624, exceptions to auction sale
bidding procedures, and authorize the appropriate officials to execute
same. (consent)
6.1
Approve a purchase order to Pinellas County Solid Waste for an operating
expenditure not-to-exceed $4,000,000 for the disposal of solid waste at the
Pinellas County waste-to-energy plant/landfill for the period of October 1,
2019 through September 30, 2020, as provided in the Clearwater Code of
Ordinances, Section 2.564(1)(d) - Services provided by Other
Governmental Entities, and authorize the appropriate officials to execute
same. (consent)
6.2
Approve award of Invitation to Bid 55-19 for the purchase and installation
of on-board tractor and trailer weighing systems from Tampa Crane and
Body Acquisition, LLC in the amount of $120,700 and authorize the
appropriate officials to execute same. (consent)
6.3
7. Official Records and Legislative Services
Page 3 City of Clearwater Printed on 11/3/2019
November 4, 2019Council Work Session Work Session Agenda
Appoint two members to the Municipal Code Enforcement Board with
terms to expire October 31, 2022.
7.1
Appoint one member to the Public Art and Design Board as a citizen
representative to fill the remainder of an unexpired term through April 30,
2021.
7.2
Amend the Clearwater Code of Ordinances, Section 2.082, changing the
composition of the Airpark Advisory Board to allow ex-officio members
and pass Ordinance 9350-19 on first reading.
7.3
Amend City Council Policies 2-2, Audit Committee, 3-7, Information
Available to the Public and Press, and 5-14, Welcome Letters and add
City Council Policies 6-2, Brick Streets, and 8-5, Renaming City Parks.
7.4
Approve the 2020 State Legislative Agenda.7.5
8. Legal
Approve a Legal Services Agreement with Jay Daigneault, Esq. of Trask
Daigneault, LLP, for representation of the Community Development Board,
Building and Flood Board of Adjustment and Appeals, and Nuisance
Abatement Board, and authorize the appropriate officials to execute same.
(consent)
8.1
Adopt Ordinance 9298-19 on third 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.
8.2
Adopt Ordinance 9299-19 on second reading, amending the future land
use plan element of the Comprehensive Plan of the city to designate the
land use for certain real property whose post office address is 1819
Audubon Street, Clearwater, Florida 33764, upon annexation into the City
of Clearwater as Residential Low (RL).
8.3
Adopt Ordinance 9300-19 on second reading, amending the Zoning Atlas
of the city by zoning certain real property whose post office address is
1819 Audubon Street, Clearwater, Florida 33764, upon annexation into the
City of Clearwater as Low Medium Density Residential (LMDR).
8.4
Adopt Ordinance 9308-19 on second reading, 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 is permitted, to include
a certain parcel with frontage of Seville Boulevard, subject to FLS
approval.
8.5
Page 4 City of Clearwater Printed on 11/3/2019
November 4, 2019Council Work Session Work Session Agenda
Adopt Ordinance 9309-19 on second reading, annexing certain real
property 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 additions.
8.6
Adopt Ordinance 9310-19 on second reading, amending the future land
use element of the Comprehensive Plan to designate the land use for
certain real property whose post office address is 2108 Palmetto Street,
Clearwater, Florida 33765, upon annexation into the City of Clearwater, as
Industrial Limited (IL).
8.7
Adopt Ordinance 9311-19 on second reading, amending the Zoning Atlas
of the city by zoning certain real property whose post office address is
2108 Palmetto Street, Clearwater, Florida 33765, upon annexation into the
City of Clearwater, as Industrial, Research and Technology (IRT).
8.8
Adopt Ordinance 9312-19 on second reading, annexing certain real
property 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.
8.9
Adopt Ordinance 9313-19 on second reading, amending the future land
use plan element of the Comprehensive Plan of the city to designate the
land use for certain real property whose post office address is 1421 West
Virginia Lane, Clearwater, Florida 33759, upon annexation into the City of
Clearwater as Residential Low (RL).
8.10
Adopt Ordinance 9314-19 on second reading, amending the Zoning Atlas
of the city by zoning certain real property 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).
8.11
Adopt Ordinance 9318-19 on second reading, annexing certain real
property 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.
8.12
Adopt Ordinance 9319-19 on second reading, amending the future land
use plan element of the Comprehensive Plan of the city to designate the
land use for certain real property whose post office address is 1861 East
Drive, Clearwater, Florida 33755, upon annexation into the City of
Clearwater as Residential Low (RL).
8.13
Adopt Ordinance 9320-19 on second reading, amending the Zoning Atlas
of the city by zoning certain real property whose post office address is
1861 East Drive, Clearwater, Florida 33755, upon annexation into the City
of Clearwater as Low Medium Density Residential (LMDR).
8.14
Page 5 City of Clearwater Printed on 11/3/2019
November 4, 2019Council Work Session Work Session Agenda
9. City Manager Verbal Reports
Waterfront Redevelopment Update: Coachman Park; North Marina -
Michael Delk, Assistant City Manager
9.1
10. City Attorney Verbal Reports
11. Council Discussion Item
City Manager/City Attorney Salary Discussion11.1
Downtown Parking Garage Site - Councilmember Polglaze11.2
Building Department Practices - Councilmember Allbritton11.3
12. 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).
13. Closing Comments by Mayor
14. Adjourn
15. Presentation(s) for Council Meeting
Clearwater Jazz Holiday - Steve Weinberger, President & CEO15.1
Suncoast Jazz Classic Weekend Proclamation - Joan Dragon, Director of
the Suncoast Jazz Festival
15.2
Hispanic Heritage Concert - Neil Fernandez, Station Manager, 92.5
Maxima
15.3
Pinellas Community Foundation Presentation - Duggan Cooley, CFRE
CEO
15.4
2019 Charter Review Committee Report - Mike Mannino, Chair15.5
Page 6 City of Clearwater Printed on 11/3/2019
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: 19-35
Agenda Date: 11/4/2019 Status: Agenda ReadyVersion: 1
File Type: ResolutionIn Control: City Manager's Office
Agenda Number: 2.1
SUBJECT/RECOMMENDATION:
Establish a Sister Cities Relationship with Bourges, France and adopt Resolution 19-35.
SUMMARY:
In December 2018, the city of Bourges, France, sent a letter to Mayor Cretekos expressing
interest in establishing a Sister Cities partnership. Staff was instructed to research necessary
protocols to partner with a new sister city. Per the Sister Cities International advocacy group, a
new relationship is initiated by each city passing a resolution declaring their desire to establish
a Sister Cities partnership. Following this, the cities will develop a Partnership Agreement that
outlines the parameters and activities of the partnership and whether to, and how to, establish
an exchange program. The Partnership Agreement is enacted at a signing ceremony and the
Sister Cities partnership is officially established.
The Sister Cities Advisory Board has reviewed the request from Bourges at their July 25, 2019
meeting and indicated their support of establishing a new Sister Cities partnership.
Background on Bourges, France: Founded in 52 BCE by Romans during the Gallic Wars,
Bourges is the site of Bourges Cathedral, built from 1195-1255 and added to the list of
UNESCO World Heritage Sites in 1992. Bourges has an economy based primarily on
manufacturing, but also supports a tourism and education-based market. The Monin brand, an
international manufacturer of flavored syrups, was established in Bourges in 1912 and opened
their US headquarters in Clearwater in 1996.
APPROPRIATION CODE AND AMOUNT: N/A
USE OF RESERVE FUNDS: N/A
Page 1 City of Clearwater Printed on 11/3/2019
Resolution 19-35
RESOLUTION NO. 19-35
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, ESTABLISHING A SISTER CITIES
RELATIONSHIP WITH BOURGES, FRANCE; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, Sister Cities International was founded as a Presidential initiative by
President Dwight D. Eisenhower on September 11, 1956 to create more community-led
global relationships; and,
WHEREAS, cities, their elected officials, and their citizens can collaborate
internationally through organizations such as Sister Cities International and city-to-city
relationships; and,
WHEREAS, the cities of Clearwater, Florida and Bourges, France wish to
promote international goodwill, understanding, and expanded business relations
between the two cities and their respective nations through the exchange of people,
ideas, and information;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. That the appropriate officials and city staff of the city of Clearwater,
Florida shall attempt to develop a SISTER CITIES PARTNERSHIP AGREEMENT with
the city of Bourges, France.
Section 2. That city staff identifies themes, common to both cities, that can
generate new programs, exchanges, and initiatives to further and nurture the
relationship between Clearwater and Bourges.
Section 3. That the City Clerk is hereby directed to record this Resolution in the
Public Records of Pinellas County, Florida.
Resolution 19-35
Section 4. That this resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this _____ day of ____________________, 2019.
CITY OF CLEARWATER, FLORIDA
By:__________________________
George N. Cretekos
Mayor
Approved as to form: Attest:
___________________________________________________________
Owen Kohler Rosemarie Call
Assistant City Attorney City Clerk
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#19-6935
Agenda Date: 11/4/2019 Status: Agenda ReadyVersion: 2
File Type: Action ItemIn Control: Human Resources
Agenda Number: 3.1
SUBJECT/RECOMMENDATION:
Approve an increase to contract number 900052 for employment-related health care services
with BayCare Urgent Care, LLC in the annual amount of $25,000, for the period January 1,
2019 through December 31, 2019 and the one-year renewal term option and authorize the
appropriate officials to execute same.
SUMMARY:
In December 2017, Council authorized an agreement with BayCare Urgent Care, LLC to
provide employment-related health care services, including pre-employment physicals,
Department of Transportation (DOT) random, DOT post-accident, and citywide reasonable
suspicion drug and alcohol testing for employees exclusive of public safety personnel. The
term of the initial agreement was January 1, 2018 to December 31, 2018, with two one-year
renewals, at an annual amount of $25,000. This agreement, including all costs for services
included in scope, will not change, but the requested purchasing contract amount of $25,000
annually is not sufficient to cover actual services rendered and costs incurred.
An increase of the contract annual amount from $25,000 to $50,000 is requested to ensure
sufficient funds for services provided, effective for the current annual term ending December
31, 2019, and the remaining one-year renewal term option.
APPROPRIATION CODE AND AMOUNT:
FY2020 Funding for $50,000 is available through appropriation codes:
6467410-521500 Pre-employment Physicals and Drug Testing
5909831-530100 Citywide Drug Testing - Random, Reasonable Suspicion, Post-Accident
USE OF RESERVE FUNDS: N/A
Page 1 City of Clearwater Printed on 11/3/2019
BayCare Urgent Care, LLC
EMPLOYMENT HEALTH SERVICES AGREEMENT
THIS AGREEMENT, effective the 1st day of January, 2018, by and between BayCare Urgent Care, LLC (referred to as “BayCare” or “Provider”) and City of Clearwater (referred to as “City” or “Client”), is the result of
Request for Proposals #30-17, Employment Related Healthcare Services and is as follows:
1. Scope of Services. Provider shall perform the services set forth in RFP #30-17 for Employment Related Healthcare Services, and Client shall pay the Provider in accordance with the fees set forth in Attachment A,
which is attached hereto and incorporated herein by this reference.
2. Term. This Agreement shall be for a term one (1) year commencing the 1st day of January, 2018, and shall renew for two (2) additional one (1) year terms in accordance with RFP #30-17 Milestones.
3. Changes. Any changes to this Agreement shall be made by mutual written consent of both Parties.
4. Compensation. Client shall pay each respective invoice in accordance with the Florida Prompt Payment Act,
F.S. Secs. 225.0705-225.078.
5. Termination. This Agreement may be terminated in accordance with RFP #30-17, Terms and Conditions.
6. Insurance and Indemnification. Provider shall maintain, at its sole cost and expense, professional liability insurance with an insurer satisfactory to Client, per the requirements set forth in RFP #30-17, Insurance
Requirements. The Provider shall indemnify, defend and save Client harmless from and against any and all losses, claims, damages, liabilities and expenses (including, without limitation, reasonable attorney’s fees)
based upon, arising out of attributable to any acts or omissions arising from the Provider’s performance hereunder.
7. Licensure/Compliance. Provider warrants and represents that it is licensed to perform the services provided
under this Agreement and shall maintain all such licenses for the duration of the Agreement. In addition, each Provider represents that the services provided hereunder are in compliance with any and all applicable federal
and state statutes, laws and/or regulations.
8. Assignment. This Agreement shall not be assigned by Provider without the prior written consent of Client.
9. Governing Law. This Agreement shall be governed by and construed in accordance with laws of Florida.
10. Independent Contractors. For all purposes hereunder, the relationship between Client and Provider is solely that of independent contractors and this Agreement does not create a partnership, joint venture or other
association between any of the Providers and Client. The employees and agents of Provider shall be considered to be under exclusive management and control of Provider.
11. Notices. Any and all notices sent pursuant to this Agreement shall be given in writing via certified mail or
overnight courier and shall be delivered to the following addresses:
To Provider: BayCare Urgent Care, LLC To Client: City of Clearwater 711 S. Belcher Road Municipal Services Building Clearwater, FL 33764 PO Box 4748 Attn: Nathan Keith Waldrep Clearwater FL 33758 Director, Physician Services Attn: Michelle Kutch
12. HIPAA Requirements. The parties agree to comply with the Health Insurance Portability and Accountability Act of 1996, as codified at 42 U.S.C. §1320d (“HIPAA”) and any current and future regulations promulgated
thereunder including without limitation the federal privacy regulations contained in 45 C.F.R. Parts 160 and 164 (the “Federal Privacy Regulations”), the federal security standards contained in 45 C.F.R. Part 142 (the “Federal
Security Regulations”), and the federal standards for electronic transactions contained in 45 C.F.R. Parts 160 and 162, all collectively referred to herein as “HIPAA Requirements.” The parties agree not to use or further
disclose any Protected Health Information (as defined in 45 C.F.R. §164.501) or Individually Identifiable Health Information (as defined in 42 U.S.C. §1320d), other than as permitted by HIPAA Requirements and the
Page 3 of 3
Attachment A
Cost Sheet
This attachment when executed by Provider and Client, shall become part of the agreement between the parties as of the Effective Date of the Agreement, and shall remain in Full Force and Effect as long as the Agreement is in Force. PRE-EMPLOYMENT PHYSICAL – Group A COST: $80.00 Physical Examination, Medical History Form, Vision Test, Audiogram PRE-EMPLOYMENT PHYSICAL – Group B COST: $115.00 Physical Examination, Medical History Form, Vision, Audiogram, DOT Drug Test
PRE-EMPLOYMENT PHYSICAL – Group C COST: $35.00 Rapid Drug Screen Only PRE-EMPLOYMENT PHYSICAL – Group D COST: $30.00 Back Screen Only (50 lbs.)
PRE-EMPLOYMENT PHYSICAL – Group E COST: $140.00 Medical History Form, Vision Test, Audiogram, Back screen (25 lbs), Rapid 5 Panel Drug Test
PRE-EMPLOYMENT PHYSICAL – GROUP F COST: $80.00 Vision – Distance (As indicated on job requirement profile), Audiogram, Rapid 5 Panel Drug Test
PRE-EMPLOYMENT PHYSICAL – GROUP G COST: $55.00 Spirometry, Rapid 5 Panel Drug test
PRE-EMPLOYMENT PHYSICAL – GROUP H COST: $135.00 Physical Examination, Medical History Form, Vision Test, Audiogram, Spirometry, 5 Panel Drug Test
PRE-EMPLOYMENT PHYSICAL – GROUP I COST: $80.00 Physical Examination, Medical History Form, Vision Test (Far, Gross, Color, Peripheral),
PCLB Form (Pinellas County Lic. Board Form)
PRE-EMPLOYMENT PHYSICAL – GROUP J COST: $55.00 Spirometry, 5 Panel Drug Test
PRE-EMPLOYMENT PHYSICAL – GROUP K COST: $115.00 Physical Examination, Medical History Form, Vision Test, Audiogram, 5 Panel Drug Test
PRE-EMPLOYMENT PHYSICAL – GROUP L COST: $115.00 Physical Examination, Medical History Form, Vision Test – Distance (As indicated on job requirement
Profile), Audiogram, 5 Panel Drug Test
Respiratory Fit Test COST: $ 25.00
Drug and Alcohol Testing Only Services NON DOT/PHMSA-Safety Sensitive Reasonable Suspicion 5 panel instant or lab based COST: $35.00 Reasonable Suspicion Breath Alcohol COST: $35.00
DOT/PHMSA-Safety Sensitive DOT Random 5 panel or DOT Pre-Employment 5 Panel COST: $35.00 Post Accident 5 panel instant or lab based COST: $35.00
Reasonable Suspicion 5 panel instant or lab based COST: $35.00 Breath Alcohol/Breath Alcohol Confirmation COST: $30/$30
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#19-6959
Agenda Date: 11/4/2019 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Engineering Department
Agenda Number: 4.1
SUBJECT/RECOMMENDATION:
Award a construction contract to Restocon Corporation of Tampa, Fl., in the amount of
$702,848.40 for the Garden Avenue Garage Restoration project (18-0033-EN) and authorize
the appropriate officials to execute same. (consent).
SUMMARY:
The Garden Avenue parking garage provides 250 public parking spaces for Clearwater’s
downtown district. A condition assessment of the garage indicated that the lifespan of the
structure would benefit from several maintenance repairs.
This project consists of concrete repair, removal and replacement of expansion joints,
installation of waterproofing membrane, removal and replacement of sealants, restoration of
handrail systems, stucco repair, metal wall framing repair, paint and sealing exterior
façade/wall, and power washing of the existing parking structure.
Restocon Corporation’s bid was the lowest responsible bid received in accordance with plans
and specifications.
Portions of the garage will be closed over the next year while work is done at various locations.
The Parking Systems Division operates and maintains the Garden Avenue garage.
APPROPRIATION CODE AND AMOUNT:
ENPK180003-CONS-CNSTRC $702,848.40
A first quarter budget amendment will transfer $300,000 from Capital Improvement project
ENPK180001, Parking Lot Improvements, to ENPK180003, Parking Facilities.
Funding is available in Capital Improvement project ENPK180003, Parking Facilities, in the
amount of $402,848.40 to fund the contract.
Page 1 City of Clearwater Printed on 11/3/2019
BID ITEMS QTY UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT
1 Mobilization 1 LS 224,000.00$ 224,000.00$ 53,963.00$ 53,963.00$ 99,200.00$ 99,200.00$ 2,500.00$ 2,500.00$ 150,000.00$ 150,000.00$ 100,015.00$ 100,015.00$
2 Concrete repair- Delaminated areas, spalls and exposed metal in vertical
and overhead surfaces.
60 CF
405.00$ 24,300.00$ 892.00$ 53,520.00$ 318.75$ 19,125.00$ 425.00$ 25,500.00$ 550.00$ 33,000.00$ 467.00$ 28,020.00$
3 Concrete repair- Delaminated areas, spalls and exposed metal in horizontal surfaces.25 CF
365.00$ 9,125.00$ 323.00$ 8,075.00$ 272.00$ 6,800.00$ 420.00$ 10,500.00$ 650.00$ 16,250.00$ 296.00$ 7,400.00$
4
Epoxy injection crack repair- Routing and installation of injection ports and
cap seal for epoxy injection; installation of epoxy for crack repair in vertical
and overhead surfaces.
130 LF
45.00$ 5,850.00$ 51.00$ 6,630.00$ 27.50$ 3,575.00$ 55.00$ 7,150.00$ 105.00$ 13,650.00$ 31.00$ 4,030.00$
5
Horizontal top slab surface crack and slab on grade crack repair- Routing
and installation of urethane sealant for crack repair in horizontal slab/top
surfaces.
1800 LF
7.00$ 12,600.00$ 3.50$ 6,300.00$ 4.50$ 8,100.00$ 5.50$ 9,900.00$ 95.00$ 171,000.00$ 5.00$ 9,000.00$
6 Clean and coat rust-stained, surface corroded shear connector bars at
locations throughout the parking garage; refer to detail 2/S3.1.
650 EA
45.00$ 29,250.00$ 28.00$ 18,200.00$ 3.85$ 2,502.50$ 36.50$ 23,725.00$ 150.00$ 97,500.00$ 72.00$ 46,800.00$
7
At damaged/broken shear connectors, remove and replace with new
reinforcing steel bar at locations shown on drawings. Refer to detail
1/S3.1.
8 EA
585.00$ 4,680.00$ 166.00$ 1,328.00$ 342.50$ 2,740.00$ 145.00$ 1,160.00$ 2,200.00$ 17,600.00$ 678.00$ 5,424.00$
8
Expansion Joint Repair- Remove and replace with new expansion joint in
the area shown on drawings. Work includes necessary surface preparation
as per manufacturer’s surface preparation requirements, refer to drawing
detail 3/S3.1.
1 LS
4,445.00$ 4,445.00$ 4,663.00$ 4,663.00$ 2,550.00$ 2,550.00$ 2,400.00$ 2,400.00$ 45,000.00$ 45,000.00$ 6,055.00$ 6,055.00$
9
Heavy-Duty Traffic Grade Waterproofing Membrane - Refer to
Specification 07185: Installation of waterproof deck membrane at existing
coated locations (refer to drawings/plan sheets S2.1 and S2.3). Work
includes necessary surface preparation to accept waterproofing
membrane as per manufacturer’s surface preparation requirements. Work
includes all cant beads at slab transitions and membrane shall extend over
cant beads.
1 LS
144,500.00$ 144,500.00$ 153,793.00$ 153,793.00$ 280,500.00$ 280,500.00$ 157,111.00$ 157,111.00$ 95,000.00$ 95,000.00$ 261,982.00$ 261,982.00$
10
Remove and replace all existing sealants throughout the parking garage,
including but not necessarily limited to interface between:
•Control Joints •Topping
Slab and Sidewalk •Top
concrete
•Sidewalks and pre-cast concrete wall panels •Sidewalks and concrete columns •Concrete
stair system and concrete walls
•General - interfaces of concrete elements
•Window frame to wall surface at the northeast elevator enclosure
•Top of slab surface and vertical surfaces
•Exterior wall panel and column
•Exterior wall panel and panel
•Handrail post base perimeters •Installation of any absent horizontal to vertical concrete surface interface
sealants
1 LS
185,064.00$ 185,064.00$ 137,525.00$ 137,525.00$ 75,500.00$ 75,500.00$ 93,000.00$ 93,000.00$ 185,000.00$ 185,000.00$ 125,664.00$ 125,664.00$
11
Handrail Post Base Repairs - Excavate existing unsound concrete to expose
corroding metal handrail post base. Clean metal surfaces of corrosion, coat
metal and concrete areas with bonding agent and anti-corrosion coating.
Replace excavation with new concrete material. Refer to detail 5/S3.2.
25 EA
365.00$ 9,125.00$ 131.00$ 3,275.00$ 222.80$ 5,570.00$ 135.00$ 3,375.00$ 450.00$ 11,250.00$ 232.00$ 5,800.00$
12 Fill interior of posts with grout at all handrail posts; refer to Specification
03720 and drawing detail 6/S3.2.
1 LS
17,760.00$ 17,760.00$ 5,166.00$ 5,166.00$ 2,050.00$ 2,050.00$ 2,300.00$ 2,300.00$ 25,000.00$ 25,000.00$ 1,920.00$ 1,920.00$
13
Handrail Post Base Repairs - When section loss at post base is
encountered, repair via splicing new pipe segment; refer to detail 4/S3.2.
10 EA
680.00$ 6,800.00$ 274.00$ 2,740.00$ 375.00$ 3,750.00$ 225.00$ 2,250.00$ 1,000.00$ 10,000.00$ 1,258.00$ 12,580.00$
Southern Road & Bridge, LLC
715 Wesley Ave.
Tarpon Springs, FL 34689
Structural Preservation Systems,
LLC 2001
Blount Rd. Pompano
Beach, FL 33069
N GARDEN AVENUE PARKING GARAGE 18-0033-EN
BID OPENING - 10/9/19 AWARD - 11/7/19
Paramount Painting & Services,
Inc.
4613 N. Hesperides St. Tampa,
FL 33614-6911
Innovative Masonry Restoration,
LLC
16264 Lakeside Ave SE
Prior Lake, MN 55372
Matcon Construction Services, Inc.
3023 N. Florida Ave.
Tampa, FL 33603
Restocon Corporation
337 N. Falkenburg Rd.
Tampa, FL 33619
BID ITEMS QTY UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT
Southern Road & Bridge, LLC
715 Wesley Ave.
Tarpon Springs, FL 34689
Structural Preservation Systems,
LLC 2001
Blount Rd. Pompano
Beach, FL 33069
N GARDEN AVENUE PARKING GARAGE 18-0033-EN
BID OPENING - 10/9/19 AWARD - 11/7/19
Paramount Painting & Services,
Inc.
4613 N. Hesperides St. Tampa,
FL 33614-6911
Innovative Masonry Restoration,
LLC
16264 Lakeside Ave SE
Prior Lake, MN 55372
Matcon Construction Services, Inc.
3023 N. Florida Ave.
Tampa, FL 33603
Restocon Corporation
337 N. Falkenburg Rd.
Tampa, FL 33619
14
Paint Metal Handrail Systems - Remove existing paint coating from all
exterior exposed surfaces and any surface corrosion via sandblasting. Paint
metal handrail systems. Refer to specification 09900.
1 LS
33,750.00$ 33,750.00$ 11,405.00$ 11,405.00$ 40,000.00$ 40,000.00$ 13,500.00$ 13,500.00$ 120,000.00$ 120,000.00$ 28,152.00$ 28,152.00$
15
Stucco Repair - Remove and replace existing corner beads at the front
arched façade framing and exterior columns along the east elevation via
the following:
•Remove existing stucco finish to expose existing corner beads •Remove
existing metal corner beads and replace with PVC corner beads as shwon
in drawing details 1 and 2/S3.2. •Replace
stucco finish at afftected areas
1 LS
16,500.00$ 16,500.00$ 13,434.00$ 13,434.00$ 40,000.00$ 40,000.00$ 5,500.00$ 5,500.00$ 50,000.00$ 50,000.00$ 23,152.00$ 23,152.00$
16
Stucco Repair - Remove and replace any damaged/delaminated/failing
stucco along the east elevation of the parking garage. Refer to
Specification 09221.
700 SF
45.00$ 31,500.00$ 15.00$ 10,500.00$ 27.86$ 19,502.00$ 25.00$ 17,500.00$ 78.00$ 54,600.00$ 27.00$ 18,900.00$
17
Remove and replace all stucco finish system along the east elevation,
including all necessary accessories and include use of corrosion resistant
accessories. Refer to Specification 09221.
1 LS
92,000.00$ 92,000.00$ 47,264.00$ 47,264.00$ 119,000.00$ 119,000.00$ 133,900.00$ 133,900.00$ 55,000.00$ 55,000.00$ 3,989.00$ 3,989.00$
18
Stucco Repair- Remove and replace any damaged/delaminated/failing
stucco throughout the remainder of the parking garage. Refer to
Specification 09221
200 SF
45.00$ 9,000.00$ 26.00$ 5,200.00$ 30.00$ 6,000.00$ 35.00$ 7,000.00$ 120.00$ 24,000.00$ 34.00$ 6,800.00$
19
Paint Exterior Wall Surfaces and Façade – existing painted surfaces at the
front (east) elevation (including front columns, planter walls, office half
walls and arched façade) and exterior surfaces of stair and elevator
towers. Refer to specification 09900.
1 LS
18,605.00$ 18,605.00$ 8,176.00$ 8,176.00$ 30,500.00$ 30,500.00$ 14,267.00$ 14,267.00$ 200,000.00$ 200,000.00$ 39,304.00$ 39,304.00$
20 Clean and seal exterior vertical concrete surfaces with a vertical surface
water repellent. Refer to specification 07190.
1 LS
24,840.00$ 24,840.00$ 21,674.00$ 21,674.00$ 22,650.00$ 22,650.00$ 14,119.00$ 14,119.00$ 85,000.00$ 85,000.00$ 26,670.00$ 26,670.00$
21
Power wash before construction and after restoration is complete
throughout the parking garage at all horizontal and interior vertical
concrete surfaces.
1 LS
66,600.00$ 66,600.00$ 45,780.00$ 45,780.00$ 42,500.00$ 42,500.00$ 27,000.00$ 27,000.00$ 45,000.00$ 45,000.00$ 19,022.00$ 19,022.00$
22 Installation of Concrete overlay/topping material for topping slab 100 SF 75.00$ 7,500.00$ 27.00$ 2,700.00$ 15.00$ 1,500.00$ 35.50$ 3,550.00$ 150.00$ 15,000.00$ 28.00$ 2,800.00$
23
Exterior Metal Framing Repair- At areas of stucco removal and
replacement, when corroding metal framing is encountered, metal
framing is to be cleaned and primed
200 SF
35.00$ 7,000.00$ 23.75$ 4,750.00$ 9.75$ 1,950.00$ 17.00$ 3,400.00$ 80.00$ 16,000.00$ 8.00$ 1,600.00$
24
Exterior Metal Framing Repair- At areas of stucco removal and
replacement, when corroding metal framing is encountered, metal
framing is to be repaired or replaced
100 SF
35.00$ 3,500.00$ 9.00$ 900.00$ 15.75$ 1,575.00$ 51.00$ 5,100.00$ 250.00$ 25,000.00$ 232.00$ 23,200.00$
SUBTOTAL 988,294.00$ 626,961.00$ 837,139.50$ 585,707.00$ 1,559,850.00$ 808,279.00$
25 20% CONTINGENCY 197,658.80$ 125,392.20$ 167,427.90$ 117,141.40$ 311,970.00$ 161,655.80$
TOTAL CONTRACT 1,185,952.80$ 752,353.20$ 1,004,567.40$ 702,848.40$ 1,871,820.00$ 969,934.80$
Grand Total 1,185,952.80$ 752,353.20$ 1,004,567.40$ 702,848.40$ 1,871,820.00$ 969,934.80$
SECTION V Page i Updated: 10/12/2018
SECTION V
CONTRACT DOCUMENTS
Table of Contents
PUBLIC CONSTRUCTION BOND ......................................................................................................... 1
CONTRACT ................................................................................................................................................ 4
CONSENT OF SURETY TO FINAL PAYMENT .................................................................................. 8
PROPOSAL/BID BOND ............................................................................................................................ 9
AFFIDAVIT .............................................................................................................................................. 10
NON COLLUSION AFFIDAVIT............................................................................................................ 11
PROPOSAL ............................................................................................................................................... 12
CITY OF CLEARWATER ADDENDUM SHEET ............................................................................... 14
BIDDER’S PROPOSAL ......................................................................................................................... 155
SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA CERTIFICATION FORM ..................................................................................................................... 199
SCRUTINIZED COMPANIES THAT BOYCOTT ISRAEL LIST CERTIFICATION FORM.. 2020
SECTION V – Contract Documents
SECTION V Page 1 of 20 Updated: 10/12/2018
Bond No.:________________
PUBLIC CONSTRUCTION BOND
(1)
This bond is given to comply with § 255.05, Florida Statutes, and any action instituted by a claimant under
this bond for payment must be in accordance with the notice and time limitation provisions in subsections (2) and (10).
Pursuant to § 255.05(1)(b), Florida Statutes, “Before commencing the work or before recommencing the
work after a default or abandonment, the contractor shall provide to the public entity a certified copy of the recorded bond. Notwithstanding the terms of the contract or any other law governing prompt
payment for construction services, the public entity may not make a payment to the contractor until the
contractor has complied with this paragraph.”
CONTRACTOR SURETY OWNER
Restocon Corporation
337 N. Falkenburg Rd.
Tampa, FL 33619
813-643-2202
[name]
[principal business address]
[phone number]
City of Clearwater Engineering 100 S. Myrtle Avenue
Clearwater, FL 33756 (727) 562-4747
PROJECT NAME: North Garden Ave Garage
PROJECT NO.: 18-0033-EN
PROJECT DESCRIPTION: Concrete repair, removal and replacement of expansion joints, installation
of waterproofing membrane, removal and replacement of sealants, restoration of handrail systems, stucco
repair, metal wall framing repair, paint and sealing exterior façade/wall, and power washing an existing parking structure.
BY THIS BOND, We, __________________________________, as Contractor, and
__________________________________________________, a corporation, as Surety, are bound to the City of Clearwater, Florida, herein called Owner, in the sum of $ 702,848.40, for payment of which we
bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally.
THE CONDITION OF THIS BOND is that if Contractor:
1. Performs the contract dated _________________, between Contractor and Owner for construction
of North Garden Ave Garage (18-0033-EN), the contract documents being made a part of this bond by reference (which include the Advertisement for Bids, Proposal, Contract, Surety Bond, Instructions to Bidders, General Conditions, Plans, Technical Specifications and Appendix, and
such alterations as may be made in said Plans and Specifications as therein provided for), at the times and in the manner prescribed in the contract; and
SECTION V – Contract Documents
SECTION V Page 2 of 20 Updated: 10/12/2018
2. Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes,
supplying Contractor with labor, materials, or supplies, used directly or indirectly by Contractor in
the prosecution of the work provided for in the contract; and
SECTION V – Contract Documents
SECTION V Page 3 of 20 Updated: 10/12/2018
Bond No.:________________
PUBLIC CONSTRUCTION BOND
(2)
3. Pays Owner all losses, damages, expenses, costs, and attorney’s fees, including appellate
proceedings, that Owner sustains because of a default by Contractor under the contract; and
4. To the limits of § 725.06(2), Florida Statutes, shall indemnify and hold harmless Owner, their officers and employees, from liabilities, damages, losses and costs, including, but not limited to,
reasonable attorney’s fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of the construction contract; and
5. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract, then this bond is void; otherwise it remains in full force. 6. Any action instituted by a claimant under this bond for payment must be in accordance with the
notice and time limitation provisions in Section 255.05(2), Florida Statutes. 7. Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Surety’s obligation under
this bond, and Surety does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications.
IN TESTIMONY WHEREOF, witness the hands and seals of the parties hereto this __________ day of
________________, 20___.
(If sole Ownership or Partnership, two (2) Witnesses required).
(If Corporation, Secretary only will attest and affix seal).
Restocon Corporation By: ____________________________
Title: ____________________________ Print Name: ____________________________
WITNESS: WITNESS:
_______________________________________ _______________________________________
Corporate Secretary or Witness Print Name: ____________________________
Print Name: _____________________________
(affix corporate seal) _______________________________________ (Corporate Surety)
By: _________________________________
ATTORNEY-IN-FACT Print Name: ___________________________
(affix corporate seal)
(Power of Attorney must be attached)
SECTION V – Contract Documents
SECTION V Page 4 of 20 Updated: 10/12/2018
CONTRACT
(1)
This CONTRACT made and entered into this ___ day of ____________, 20___ by and between the City
of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and Restocon Corporation, of the City of Tampa, County of Hillsborough and State of Florida, hereinafter designated as
the "Contractor".
[Or, if out of state:]
This CONTRACT made and entered into this ___ day of ____________, 20___ by and between the City
of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and
_____________________________________, a/an _____________(State) Corporation authorized to do business in the State of Florida, of the City of ____________________ County of
__________________________ and State of ____________, hereinafter designated as the "Contractor".
WITNESSETH:
That the parties to this contract each in consideration of the undertakings, promises and agreements on the
part of the other herein contained, do hereby undertake, promise and agree as follows:
The Contractor, and his or its successors, assigns, executors or administrators, in consideration of the sums
of money as herein after set forth to be paid by the City and to the Contractor, shall and will at their own
cost and expense perform all labor, furnish all materials, tools and equipment for the following:
PROJECT NAME: North Garden Ave Garage
PROJECT NO.: 18-0033-EN
in the amount of $ 702,848.40
In accordance with such proposal and technical supplemental specifications and such other special
provisions and drawings, if any, which will be submitted by the City, together with any advertisement,
instructions to bidders, general conditions, technical specifications, proposal and bond, which may be hereto attached, and any drawings if any, which may be herein referred to, are hereby made a part of this contract,
and all of said work to be performed and completed by the contractor and its successors and assigns shall
be fully completed in a good and workmanlike manner to the satisfaction of the City.
If the Contractor should fail to comply with any of the terms, conditions, provisions or stipulations as
contained herein within the time specified for completion of the work to be performed by the Contractor, then the City, may at its option, avail itself of any or all remedies provided on its behalf and shall have the right to proceed to complete such work as Contractor is obligated to perform in accordance with the
provisions as contained herein.
SECTION V – Contract Documents
SECTION V Page 5 of 20 Updated: 10/12/2018
CONTRACT
(2)
THE CONTRACTOR AND HIS OR ITS SUCCESSORS AND ASSIGNS DOES HEREBY AGREE
TO ASSUME THE DEFENSE OF ANY LEGAL ACTION WHICH MAY BE BROUGHT AGAINST THE CITY AS A RESULT OF THE CONTRACTOR'S ACTIVITIES ARISING OUT OF THIS CONTRACT AND FURTHERMORE, IN CONSIDERATION OF THE TERMS,
STIPULATIONS AND CONDITIONS AS CONTAINED HEREIN, AGREES TO HOLD THE CITY FREE AND HARMLESS FROM ANY AND ALL CLAIMS FOR DAMAGES, COSTS OF SUITS, JUDGMENTS OR DECREES RESULTING FROM ANY CLAIMS MADE UNDER THIS
CONTRACT AGAINST THE CITY OR THE CONTRACTOR OR THE CONTRACTOR'S SUB CONTRACTORS, AGENTS, SERVANTS OR EMPLOYEES RESULTING FROM ACTIVITIES BY THE AFOREMENTIONED CONTRACTOR, SUB CONTRACTOR, AGENT SERVANTS OR
EMPLOYEES, TO THE LIMITS OF § 725.06(2).
In addition to the foregoing provisions, the Contractor agrees to conform to the following requirements:
In connection with the performance of work under this contract, the Contractor agrees not to discriminate
against any employee or applicant for employment because of race, sex, religion, color, or national origin. The aforesaid provision shall include, but not be limited to, the following: employment, upgrading,
demotion, or transfer; recruitment or recruitment advertising; lay off or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post hereafter in conspicuous places, available for employees or applicants for employment, notices to be
provided by the contracting officer setting forth the provisions of the non discrimination clause.
The Contractor further agrees to insert the foregoing provisions in all contracts hereunder, including contracts or agreements with labor unions and/or worker's representatives, except sub contractors for
standard commercial supplies or raw materials.
It is mutually agreed between the parties hereto that time is of the essence of this contract, and in the event that the work to be performed by the Contractor is not completed within the time stipulated herein, it is then
further agreed that the City may deduct from such sums or compensation as may be due to the Contractor
the sum of $1,000.00 per day for each day that the work to be performed by the Contractor remains incomplete beyond the time limit specified herein, which sum of $1,000.00 per day shall only and solely
represent damages which the City has sustained by reason of the failure of the Contractor to complete the work within the time stipulated, it being further agreed that this sum is not to be construed as a penalty but is only to be construed as liquidated damages for failure of the Contractor to complete and perform all work
within the time period as specified in this contract.
It is further mutually agreed between the City and the Contractor that if, any time after the execution of this contract and the public construction bond which is attached hereto for the faithful performance of the terms
and conditions as contained herein by the Contractor, that the City shall at any time deem the surety or sureties upon such public construction bond to be unsatisfactory or if, for any reason, the said bond ceases
to be adequate in amount to cover the performance of the work the Contractor shall, at his or its own
expense, within ten (10) days after receipt of written notice from the City to do so, furnish an additional bond or bonds in such term and amounts and with such surety or sureties as shall be satisfactory to the City.
If such an event occurs, no further payment shall be made to the Contractor under the terms and provisions
of this contract until such new or additional security bond guaranteeing the faithful performance of the work under the terms hereof shall be completed and furnished to the City in a form satisfactory to it.
SECTION V – Contract Documents
SECTION V Page 6 of 20 Updated: 10/12/2018
CONTRACT
(3)
In addition to all other contract requirements as provided by law, the contractor executing this agreement
agrees to comply with public records law.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, THE CONTRACTORS DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS CONTRACT. CONTACT THE CUSTODIAN OF PUBLIC
RECORDS AT 727-562-4092, Rosemarie.Call@myclearwater.com,
112 S. Osceola Ave., Clearwater, FL 33756
The contractor’s agreement to comply with public records law applies specifically to:
a) Keep and maintain public records required by the City of Clearwater (hereinafter “public
agency”) to perform the service being provided by the contractor hereunder. b) Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided for in Chapter 119, Florida Statutes, as may be amended from time to time, or as otherwise provided by law. c) Ensure that the public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency.
d) Upon completion of the contract , transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency
to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the
contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s
custodian of public records, in a format that is compatible with the information technology systems of the public agency. e) A request to inspect or copy public records relating to a public agency’s contract for services
must be made directly to the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the contractor of the request and the contractor must provide the records to the public agency or allow the records to be inspected or
copied within a reasonable time. f) The contractor hereby acknowledges and agrees that if the contractor does not comply with the public agency’s request for records, the public agency shall enforce the contract provisions in
accordance with the contract. g) A contractor who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes.
h) If a civil action is filed against a contractor to compel production of public records relating to a
public agency’s contract for services, the court shall assess and award against the contractor
the reasonable costs of enforcement, including reasonable attorney fees, if:
1. The court determines that the contractor unlawfully refused to comply with the public records request within a reasonable time; and
SECTION V – Contract Documents
SECTION V Page 7 of 20 Updated: 10/12/2018
CONTRACT
(4)
2. At least 8 business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the contractor has not complied with the request, to the public agency and to the contractor. i) A notice complies with subparagraph (h)2. if it is sent to the public agency’s custodian of public
records and to the contractor at the contractor’s address listed on its contract with the public agency or to the contractor’s registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or
shipping paid by the sender and with evidence of delivery, which may be in an electronic format. j) A contractor who complies with a public records request within 8 business days after the notice
is sent is not liable for the reasonable costs of enforcement.
IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and have
executed this Agreement, the day and year first above written.
CITY OF CLEARWATER IN PINELLAS COUNTY, FLORIDA
By: __________________________________ (SEAL) William B. Horne, II
City Manager Attest:
Countersigned: __________________________________________
Rosemarie Call
City Clerk
By: __________________________________ Approved as to form: George N. Cretekos, Mayor __________________________________________
Owen Kohler
Assistant City Attorney
Contractor must indicate whether:
______ Corporation, ______ Partnership, ______ Company, or ______ Individual
__________________________________________ (Contractor)
By: _________________________ (SEAL) Print Name: ________________________________
Title: _____________________________________
The person signing shall, in his own handwriting, sign the Principal's name, his own name, and his title; where the person is signing for a Corporation, he must, by Affidavit, show his authority to bind the
Corporation – provide Affidavit.
SECTION V – Contract Documents
SECTION V Page 8 of 20 Updated: 10/12/2018
CONSENT OF SURETY TO FINAL PAYMENT
TO OWNER: City of Clearwater PROJECT NAME: North Garden Ave Garage
Engineering PROJECT NO.: 18-0033-EN
100 S. Myrtle Ave. CONTRACT DATE: [__________]
Clearwater, FL 33756 BOND NO. : [__________], recorded in O.R. Book [____], Page [____], of the Public Records of Pinellas County, Florida.
CONTRACTOR: Restocon Corporation
Pursuant to § 255.05(11), Florida Statutes, and in accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the:
[insert name of Surety] [address] [address] ,SURETY,
on bond of
Restocon Corporation 337 N Falkenburg Rd.
Tampa, FL 33619, CONTRACTOR,
hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor
shall not relieve Surety of any of its obligations to
City of Clearwater Engineering
100 S. Myrtle Ave.
Clearwater, FL 33756 ,OWNER,
as set forth in said Surety’s bond.
IN WITNESS WHEREOF, the Surety has hereunto set its hand this ___ day of ___________, ______
__________________________________________ (Surety)
__________________________________________
(Signature of authorized representative)
__________________________________________
(Printed name and title)
Attest: (Seal):
DREW ST
PIERCE ST
COURT ST
JONES ST
CLEVELAND ST
PARK ST N MYRTLE AVE N GARDEN AVE S EAST AVELAURA ST
FRANKLIN ST VINE AVE S MYRTLE AVE N FORT HARRISON AVE S PROSPECT AVE N EAST AVES OSCEOLA AVE HART ST S FORT HARRISON AVE MEMORI
AL CSWY WATTERSON AVE N OSCEOLA AVE S GARDEN AVE SPRUCE AVE N OSCEOLA AVE S GARDEN AVE LOCATION MAP
PROJECTSITE^
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
N Garden Ave. Parking Garage RepairsContract #18-0033-EN
Page 1 of 1Date:10/10/2019WDMap Gen By:
Document Path: C:\Users\Wioletta.Dabrowski\City of Clearwater\N Garden Ave_Parking Garage Repair.mxd
CleawaterHarbor
16-29s-15eS-T-R:286BGrid #:RJReviewed By:
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#19-6960
Agenda Date: 11/4/2019 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Engineering Department
Agenda Number: 4.2
SUBJECT/RECOMMENDATION:
Approve a Joint Project Agreement (JPA) with Pinellas County for Lakeview Road Utility
Relocations (19-0013-UT) related to sidewalk and drainage improvements in the amount of
$529,462.50; and Engineer of Record (EOR) Supplemental One Work Order to AECOM in the
amount of $24,783.00; and authorize the appropriate officials to execute same. (consent)
SUMMARY:
Pinellas County intends to improve drainage and sidewalks along Lakeview Road between
South Lincoln Avenue to Stevenson Creek at Hillcrest Avenue. Construction is anticipated to
begin in February 2020 with completion around November 2020. This construction requires
relocation or adjustments of the City’s water and sanitary sewer mains in conflict with the
County’s proposed improvements.
Pinellas County will receive competitive bids for stormwater system improvements, sidewalks
and utility relocation and award the contract to the lowest responsible bidder. Final costs will be
determined by the contractor’s bid. The City will be advised of the actual contract bid costs and
will be given the opportunity to reject the bid if deemed excessive.
The initial EOR work order to AECOM was approved in April 2019 in the amount of $26,718.00
for design to relocate city potable water and sanitary sewer lines in conflict with Pinellas
County’s drainage improvements.
This Supplemental Work Order 1 provides for engineering services during construction
including shop drawing review, response to contractor requests for information, progress
meeting attendance, and Florida Department of Environmental Protection permit close-out, for
a total work order value of $51,501.00.
The project is estimated to be complete within 240 calendar days from the Notice to Proceed
issued by Pinellas County to the contractor.
Public Utilities owns and maintains the water distribution and sewer collection systems
included in this scope of work.
APPROPRIATION CODE AND AMOUNT:
3277327-563800-96722 $490,087.50
3277327-563800-96634 $ 39,375.00
3277327-530100-96722 $ 22,940.00
3277327-530100-96634 $ 1,843.00
Funding is available in Utilities Renewal and Replacement projects in amounts of $513,027.50
in 96722, Line Relocation Maintenance, and $41,218 in 96634, Sanitary Utility Relocation
Accommodation, to fund the project.
Page 1 City of Clearwater Printed on 11/3/2019
File Number: ID#19-6960
Page 2 City of Clearwater Printed on 11/3/2019
JOINT PROJECT AGREEMENT UTILITY INSTALLATION BY ROADWAY CONTRACTOR
PROJECT NAME: Lakeview Road Sidewalk and Drainage Improvements
PROJECT LIMITS: South Lincoln Avenue to Stevenson Creek COUNTY PROJECT IDENTIFICATION NO.: 000489A
THIS JOINT PROJECT AGREEMENT (Agreement) made and entered into on the
day of , 20 , by and between Pinellas County, a political subdivision of the State of Florida, hereinafter the “County”, and the City of Clearwater, Florida, a municipal corporation of the State of Florida, hereinafter the “City” (collectively, Parties).
WITNESSETH, That:
WHEREAS, the County intends to construct sidewalk and drainage improvements on Lakeview Road from South Lincoln Avenue to Stevenson Creek (County Project No. 000489A or
Project), which will call for the adjustment, relocation and/or installation of the City’s utility
facilities along, over and/or under the Project (Utility Work); and
WHEREAS, the County’s plans for the Project have been reviewed by the City and the City has had the opportunity for input into said plans; and
WHEREAS, the County and the City have determined that it would be to the best interest
of the general public and to the economic advantage of both Parties to enter into this Joint Project Agreement for the Utility Work to be accomplished by the County’s contractor as part of the
construction of the Project; and
WHEREAS, the City has expressed its desire to assume all reasonable and necessary costs
to be incurred for this Utility Work and has requested the County to include in said Project certain plans and specifications to meet the City’s needs.
NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00) each to the other
in hand paid, the receipt whereof is hereby acknowledged, and in further consideration of the
mutual covenants hereinafter contained, it is agreed by the Parties as follows:
1. Utility Work
The City’s Utility Work within the limits of the Project is more specifically described as the
replacement, relocation or adjustment of approximately 850 linear feet of six inch (6”) ductile iron water main and removal of 180 linear feet of existing 8-inch (8”) vitrified clay sewer pipe to be
replaced with 8” ductile iron sanitary sewer pipe that is in conflict with the proposed intersection
construction improvements as part of County PID No. 000489A, located on Lakeview Road from
South Lincoln Avenue to Stevenson Creek.
2. Funding 2.1 The County will be responsible for the bidding and award of the construction
contract for the Project and will include the Utility Work as a separate option item in its bidding
document. After the County receives, opens, and evaluates the bids, the County will notify the
City, in writing, of the County’s intent to award the contract (“Notification”). This Notification will include the amount for the Utility Work option. The bid will be awarded based upon the bids received for the Project excluding any Utility Work options. The City will have fifteen (15) days
from receipt of the County’s notification to request, in writing, that the County delete the Utility
Work option from the County’s award of bid/construction contract, and to notify the County of the
City’s intent to perform the Utility Work with the City’s own forces or its own contractor. In order not to delay the construction of the Project, the City must show that it is ready and able to perform all Utility Work prior to requesting that the County delete the Utility Work option from the contract
award. The City does not have the right to delay or affect, in any way, the award of the contract.
In the event the City, in performing the Utility Work causes a compensable delay to the County’s
construction of this Project, the City will pay all claims and costs incurred due to its delay. 2.2 The City hereby certifies that funding for the preliminary estimated Utility Work cost
(Exhibit A) of Five Hundred Four Thousand Two Hundred Fifty and 00/100 Dollars ($504,250.00),
plus 5% for County construction/contract administration/compaction and backfill testing costs of
Twenty Five Thousand Two Hundred Twelve and 50/100 Dollars ($25,212.50), for a total cost of Five Hundred Twenty Nine Thousand Four Hundred Sixty Two and 50/100 Dollars ($529,462.50), has been appropriated and is available for deposit into an interest bearing escrow account for the
purpose of payments by the County to the contractor on the City’s behalf. The deposit will be due
to the County no later than thirty (30) days from the date of Notification of the County’s intent to
award the construction contract. If the Utility Work option portion of the contractor’s bid selected by the County for performance of the Utility Work exceeds the amount of the preliminary estimated
Utility Work, then subject to and in accordance with the limitations and conditions established by
Subparagraph 2.1 hereof regarding the City’s option to remove the Utility Work, the City will
deposit an amount with the County which equals the total option item plus 5% of that amount for
County construction/contract administration/compaction and backfill testing. Interest will accrue on the deposit balance and be used toward the cost of the Utility Work. In the event the final, actual
cost of the Utility Work is less than the amount the City deposited, including all interest earned, but
excluding the 5% for County construction/contract administration/compaction and backfill testing
of the actual construction costs, the County will reimburse the City any excess escrow account funds.
Should contract modifications occur that increase the cost of the Utility Work, or the estimated quantities of items provided by the City in Exhibit A are exceeded, the City will be notified by the
County accordingly. The City will pay the County within thirty (30) calendar days of notification
by the County to ensure that cash on deposit with the County is sufficient to fully fund the cost of
the Utility Work. The County shall notify the City as soon as it becomes apparent the actual costs
will overrun the award amount, and the City shall pay for the cost overruns (plus 5% administrative fee) within thirty (30) calendar days of notification by the County. However, failure of the County
to so notify the City shall not relieve the City from its obligation to pay for the full cost of the Utility
Work.
All deposits due to the County referenced in Section 2.2 above shall be mailed to: Finance Division Accounts Receivable
Pinellas County Board of County Commissioners
P. O. Box 2438
Clearwater, FL 33757 2.3 The County will require the successful contractor to comply with the following
conditions. The City shall be responsible for the costs attributed to said compliance with these
conditions as part of the Utility Work:
(A) Indemnify, hold harmless, pay the costs of defense on behalf of and defend the County and its agents and employees and the City and its agents and employees from
and against all claims, damages, losses and expenses arising out of or resulting from the
performance of the Project or the Utility Work;
(B) Provide a dual obligee bond in the full amount of the Project, naming the City and the County as obligees; and
(C) Provide insurance coverage per the requirements in the insurance section
of the invitation to bid as well as in the executed contract with the successful contractor. Both the County’s invitation to bid and the construction contract will require that the Contractor name the County and the City as additional insured entities and certificate holders.
3. Joint Project Activities
3.1 The City will prepare, at its expense, the design of plans and specifications for all
the City’s necessary Utility Work and reimbursable Utility Work described above and will furnish
to the County no later than November 8, 2019, complete and reproducible plans on standard size
sheets (11” x 17” and 24” x 36”), together with a complete set of specifications covering all
construction requirements for the Utility Work. These plans and specifications will be complete in every detail and will include a “Summary of Quantities” sheet and/or “Bill of Materials”
identifying the items of work, with a final estimate of cost (Engineer’s Estimate), required to
accomplish the Utility Work said estimate to be satisfactory to the County. The plans and
specifications will be signed and sealed by a Registered Professional Engineer in the State of
Florida.
3.2 The City will coordinate the development of the Utility Work plans with the
County’s plans for the Project. The County, upon request by the City, will furnish all available
roadway information required by the City for the coordination and development of the Utility
Work plans, and the County will cooperate with the City to this end. The City’s specifications for this Project will not conflict with the County’s specifications or the County’s Invitation to Bid
document.
3.3 The City will obtain all necessary permits required for construction of the Utility
Work. This Agreement does not relieve the City of any requirement to obtain required permits
from the County. A copy of all permits required for said Utility Work will be provided to the County prior to issuance of the Notice to Proceed to the County’s contractor.
3.4 All surveys for construction of the Utility Work will be furnished by the successful
contractor, in accordance with the plans and specifications provided by the City.
3.5 The coordination of the City’s Utility Work with that of the roadway contractor and other utilities and/or their contractors will be the responsibility of the County. The City will
cooperate fully and immediately to resolve any delays in the construction of the project occurring
as the result of the City’s Utility Work.
3.6 All of the Utility Work done pursuant to this Agreement shall be done in substantial accordance with the City’s plans and specifications, which plans and specifications are
incorporated hereto by reference. All information required for field changes, change orders or
supplemental agreements pertaining to the City’s Utility Work will be promptly furnished to the
County. 3.7 During construction of the City’s Utility Work, the City will provide the necessary
construction and engineering inspection for the City’s Utility Work to determine if the Utility
Work is in substantial compliance with the plans and specifications, and provide all required
testing associated with the City’s Utility Work, excluding backfill and compaction testing in accordance with Pinellas County Minimum Testing Frequency Requirements, and provide results to the County for same. The contractor shall contact the City’s Engineering Inspection Division
at 727-562-4798 within 24 hours prior to commencement of any City Utility Work to schedule
the appropriate inspection and pressure testing. The City’s inspector will immediately notify the
County inspector of any objections to the Utility Work.
3.8 The City will participate in the design, utility coordination, pre-construction and
other meetings as necessary for Project coordination.
3.9 All adjustment, relocations, repairs, maintenance, and incidental work (“Incidentals”) required to be performed to the City’s existing utilities for the Joint Project, not
included in the Utility Work, will be the sole responsibility of the City. All such work is to be
coordinated with the construction of this Joint Project and in a manner that will not cause delay to
the County’s Project contractor.
3.10 The City’s comments and suggestions are invited and will be considered by the
County; however, all services and work under the construction contract will be performed to the
satisfaction of the County’s Director of Public Works, who will decide all questions, difficulties
and disputes of whatever nature which may arise under or by reason of such contract for Utility
Work, the prosecution and fulfillment of the services thereunder, and the character, quality, amount and value thereof; and who’s decision upon all claims, questions and disputes thereunder are final
and conclusive upon the Parties hereto.
3.11 Upon completion of the entire Project, which will be determined jointly by the
County and the City, the City will own, control, maintain and be responsible for all City utility
facilities in accordance with the terms of the County issued Utilization Permit. The City will maintain and keep in repair, or cause to be maintained and kept in repair, all of such constructed utilities facilities.
3.12 The County will forward any accounting records, if requested, to the following City
representative: City’s Project Manager City of Clearwater
Todd Kuhnel, Engineering Specialist
100 South Myrtle Avenue
Clearwater, Florida 33756 3.13 Upon final payment to the contractor, the County intends to have its final and
complete accounting of all costs incurred in connection with the work performed hereunder within
seven hundred thirty (730) days. All project costs records and accounts shall be subject to audit
by a representative of the Company for a period of three (3) years after final close out of the Project. 3.14 Upon completion of the entire Project, the Contractor will supply “as built”
(“Record”) standard size sheet (11” x 17” or 24” x 36”) Utility Work plans to the County, who in
turn will within ninety (90) days, furnish the City with one (1) set.
3.15 Upon completion of the entire Project, the County will ensure that any warranty, including materials, equipment, workmanship and closeout documents, by the contractor
constructing and/or installing facilities related to the Utility Work in accordance with this
Agreement, is assigned to the City.
4. Project Managers
The primary contact for each of the Parties is:
4.1 The Project Manager for the City shall be Todd Kuhnel or their designee (“City’s Project Manager”), whose current telephone number is 727-562-4798, email address is
todd.kuhnel@myclearwater.com and whose post office address is 100 South Myrtle Avenue,
Clearwater, Florida 33756.
4.2 The Project Manager for Pinellas County shall be John Carpenter or their designee (“County’s Project Manager”), whose telephone number is 727-453-3350, email address is
jcarpenter@pinellascounty.org and whose post office address is 14 S. Fort Harrison Avenue,
Clearwater, FL 33756.
4.3 Each Party may designate a replacement Project Manager by giving written notice of such designation, and the telephone number, e-mail address, and mailing address to the other
party in accordance with this Agreement.
5. Records, Reports, and Inspection
The County shall maintain financial records, accounting and purchasing information, and books and records for the Project. These books, records, and information shall comply with general
accounting procedures. All documents related to the Project are public records and shall be
retained and provided as required by law.
6. Compliance with Federal, State, County, and Local Laws
Both Parties shall comply with all federal, state, county, and local laws, regulations, and ordinances
at all times.
7. Responsibilities of the Parties
The County and the City shall be fully responsible for their own acts of negligence and their
respective employees’ and/or agents’ acts of negligence, when such employees’ and/or agents’ are
acting within the scope of their employment; and shall be liable for any damages resulting from said negligence to the extent permitted by Section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of sovereign immunity by either the County or the City. Nothing
herein shall be construed as consent by the County or City to be sued by third Parties in any matter
arising out of this Agreement.
8. Discrimination
The County and the City shall, during the performance of this Agreement, comply with all
applicable provisions of federal, state and local laws and regulations pertaining to prohibited
discrimination. 9. Assignment
This Agreement may not be assigned.
10. Severability
Should any section or part of any section of this Agreement be rendered void, invalid, or
unenforceable by any court of law, for any reason, such a determination shall not render void,
invalid, or unenforceable any other section or any part of any section of this Agreement. 11. Entire Agreement
This Agreement constitutes the entire agreement between the Parties, and no change will be valid
unless made by supplemental written agreement executed by both Parties. 12. Notification
All notices, requests, demands, or other communications required by law, or this Agreement shall
be in writing and shall be deemed to have been served as of the delivery date appearing upon the
return receipt if sent by certified mail, postage prepaid with return receipt requested, or, if hand delivered, upon the actual date of delivery to the Project Manager, whose address is set forth in Section 4 above.
13. Waiver
No act of omission or commission of either Party, including without limitation, any failure to exercise any right, remedy, or recourse, shall be deemed to be a waiver, release, or modification
of the same. Such a waiver, release, or modification is to be effected only through a written
modification to this Agreement.
14. Due Authority
Each Party to this Agreement represents and warrants to the other Party that (i) it is duly organized,
qualified and existing entities under the laws of the State of Florida, and (ii) all appropriate
authority exists so as to duly authorize the persons executing this Agreement to so execute the same and fully bind the party on whose behalf they are executing.
15. Headings
The paragraph headings are inserted herein for convenience and reference only, and in no way define, limit, or otherwise describe the scope or intent of any provisions hereof.
16. Fiscal Funding
The obligations of the Parties are subject to appropriate budgeted funds being available in each budget year to achieve the purposes of this Agreement. In the event that sufficient budgeted funds
are not available in a subsequent fiscal year, this Agreement shall terminate on the last day of the
fiscal year for which sufficient budgeted funds are available without penalty to either of the Parties.
17. Term
The term of this Agreement shall commence upon execution of this Agreement by the Parties
and shall terminate after completion and acceptance of the Utility Work and upon final payment
in accordance with the provisions of Paragraph 3.14 of this Agreement. If the County fails to
issue a Notice to Proceed to a contractor for the Project within seven hundred twenty (720) days from the date of full execution of this Agreement by the Parties, this Agreement shall be deemed
terminated and any payments made by the City to the County shall be refunded in full by the
County within thirty (30) days.
IN WITNESS WHEREOF the Parties hereto have caused this Agreement to be executed by their duly authorized representatives on the day and date first above written.
CITY OF CLEARWATER, FLORIDA,
A municipal corporation and political subdivision of the State of Florida
By: _______________________________
George N. Cretekos
Mayor
PINELLAS COUNTY, FLORIDA by and
through its Board of County Commissioners
By: ________________________________ Karen Williams Seel
Chairman
By: _____________________________
William Horne
City Manager
ATTEST:
By:_______________________________
Rosemarie Call City Clerk
ATTEST: Ken Burke, Clerk of the Circuit
Court
By:_______________________________ Deputy Clerk
Approved as to form:
By: ________________________________
City Attorney
OFFICIAL CITY SEAL
EXHIBIT A
Lakeview Road Utility Relocation (19-0013-UT)
City of Clearwater, Florida
Engineer's Opinion of Probable Cost - Issued for Bid Submittal
August, 2019
POTABLE WATER RELOCATIONS
Bid Item Item Description Quantity Unit Unit Price Total Cost
CLW-005-0700-W Survey and Layout 1 LS $2,500 $2,500
CLW-005-0900-W Survey As-Built 1 LS $2,500 $2,500
CLW-101-0100-W Mobilization/Demobilization 1 LS $15,000 $15,000
CLW-102-0100-W Maintenance of Traffic 1 LS $10,000 $10,000
CLW-1-W F&I 6" DI WM by Open Cut 850 LF $150 $127,500
CLW-2-W Remove & Dispose of Existing 6" DI WM 850 LF $15 $12,750
CLW-3-W Remove & Store Existing Fire Hydrant 1 EA $1,500 $1,500
CLW-4-W F&I Fire Hydrant Assembly 1 LS $8,000 $8,000
CLW-5-W F&I 6" Gate Valve & Valve Box 2 EA $2,500 $5,000
CLW-6-W F&I 6” Thrust Restraint for New DI Fittings & Valves to DI Pipe 70 EA $150 $10,500
CLW-7-W F&I 6” Thrust Restraint for Existing DI Pipe 30 EA $1,500 $45,000
CLW-8-W F&I Compact DI Fittings 1,500 LB $10 $15,000
CLW-9-W F&I 6" Temporary Line Stop 8 EA $6,500 $52,000
CLW-10-W F&I Wet Tap on Existing 6" DI WM 4 EA $10,000 $40,000
CLW-11-W F&I 1-inch Short Side Potable Water Service Assembly in 2” PVC Casing Pipe 3 EA $1,000 $3,000
CLW-12-W F&I 2-inch Short Side Potable Water Service Assembly in 4” PVC Casing Pipe 1 EA $1,000 $1,000
CLW-13-W F&I 1-inch Long Side Potable Water Service Assembly in 2” PVC
Casing Pipe 20 EA $1,500 $30,000
CLW-14-W F&I Reverse Deadman 1 EA $2,500 $2,500
CLW-15-W Root Pruning 150 LF $20 $3,000
Subtotal Estimated Potable Water Construction Cost = $386,750 CLW-999-0000-W Unspecified Work $80,000
Total Estimated Potable Water Construction Cost = $466,750
SANITARY SEWER WORK
Bid Item Item Description Quantity Unit Unit Price Total Cost
CLW-005-0700-S Survey and Layout 1 LS $1,000 $1,000
CLW-005-0900-S Survey As-Built 1 LS $1,000 $1,000
CLW-101-0100-S Mobilization/Demobilization 1 LS $2,000 $2,000
CLW-102-0100-S Maintenance of Traffic 1 LS $1,000 $1,000
CLW-1-S F&I 8" DI Gravity Sewer Pipe by Open Cut 180 LF $110 $19,800
CLW-2-S Remove & Dispose of Existing 8" Gravity Sewer Pipe 180 LF $15 $2,700
Subtotal Estimated Sanitary Sewer Construction Cost: $27,500 CLW-999-0000-S Unspecified Work $10,000
Total Estimated Sanitary Sewer Construction Cost: $37,500
Total Estimated Construction Cost: $504,250.00
County Construction/Contract Administration Cost (5%): $25,212.50 Total Estimated Project Cost: $529,462.50
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LAKEVIEW RD
BARRY ST
MILTON ST
TUSCOLA ST S BETTY LN FRIEND AVE BROWNING ST BOYLAN AVE ADAMS AVE S LINCOLN AVES HILLCREST AVE BYRON DR S EVERGREEN AVEBYRON AVE ORANGE
S
T
SATSUMA ST
PINELLAS ST
EMILY CT S BETTY LN S HILLCREST AVE S EVERGREEN AVE NORMANDY PARK DR
LOCATION MAP
Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com CRM TK306B22-29s-15e 09/23/2019Map Gen By:Reviewed By:S-T-R:Grid #:Date:
Lakeview Road Utility RelocationPinellas County JPA(Project #19-0013-UT)
Path: C:\Users\Christopher.Melone\City of Clearwater\Engineering Geographic Technology - Documents\GIS\Engineering\Location Maps\Lakeview Road Utility Reloc PC JPA.mxd
Page 1 of 1Aerial Flown 2019
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N.T.S.Scale:
PROJECTLOCATION
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#19-6968
Agenda Date: 11/4/2019 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Engineering Department
Agenda Number: 4.3
SUBJECT/RECOMMENDATION:
Approve the final plat for Atmi Junior Greene, whose physical address is 1401 North Belcher
Road and is located on the east side of Belcher Road, approximately ¼ mile north of Palmetto
Street. (consent)
SUMMARY:
This plat will create 10 residential lots for a townhome development.
The project site consists of approximately 2.03 acres.
This development was approved through the Development Review Committee on December 3,
2015 and by the Community Development Board on August 15, 2017.
Page 1 City of Clearwater Printed on 11/3/2019
N BELCHER RD NE COACHMAN RD N OLD COACHMAN RDPALMETTO ST
LOGAN ST
RANGE RD FARRIER TRL S LAGOON CIR STAG RUN BLVD 5th ST LAKE FOREST RD 8th ST
6th ST CANDLER RD VARSITY DR 1st ST 4th ST 3rd ST COLLEGE HILL DR LANTERN WAY FOREST GLEN RD ALLIGATOR CREEK RD
FLINT LOCK DR
7th ST HEMERICK PL RUSKIN RD 9th ST
ARLINGTON PL
MACKENZIE CT VERDE DR OBERLIN DR RANGE AVE CARRIAGE LN BERKLEY PL LEE RD EARLHAM DR W LAGOON CIRLOCATION MAP
Document Path: C:\Users\Christopher.Melone\City of Clearwater\Engineering Geographic Technology - Documents\GIS\Engineering\Location Maps\Atmi Junior Greene Plat.mxd
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
Atmi Junior Greene Plat
Page 1 of 1Date:10/9/2019CRMMap Gen By:07-29s-16eS-T-R:TMReviewed By:272AGrid #:
Plat Location
^
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#19-7011
Agenda Date: 11/4/2019 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Engineering Department
Agenda Number: 4.4
SUBJECT/RECOMMENDATION:
Approve a Performance Agreement with United Public Safety, Ft. Washington, PA., for a
three-year term, December 1, 2019 through November 30, 2022, with an option of two one-year
renewals for parking violation, permit processing, and collection agency services in the
not-to-exceed amount of $876,600, and authorize the appropriate officials to execute same.
(consent)
SUMMARY:
The current agreement with Data Ticket for parking violation processing and collection agency
services recently expired. The City intends to keep current in-house customer service
functions, including acceptance of walk-in payments; establishment of a local and toll-free
telephone line going directly to city staff; city staff review, and adjudication of citation appeals in
person; and routine correspondence (citizen questions, complaints, concerns, etc.).
Twelve firms responded to RFP 20-19 seeking new parking management services and five
firms made presentations to the selection committee. The selection committee ranked United
Public Safety as the top firm. The selection committee was comprised of representatives from
Internal Audit, Finance, Information Technology (IT) and the Parking System Division of
Engineering.
United Public Safety’s top ranking is based on their experience and qualifications, project
approach, financial stability/references, customer service approach, hardware/software and
fees.
This is a 3-year agreement with two one-year renewal options, upon the written mutual
agreement of both parties. A parking violation processing fee of 2.9% of the amount processed
plus $.25 per citation and/or permit applies to years one through five of the agreement.
Approximately 42,500 citations are issued annually. The estimated annual cost to the City
under the proposed contract is $175,000. Staff anticipates $1,600 in additional start-up costs
during the first year of the contract.
The terms of the parking violation and permit processing services agreement include: all
hardware/software for noticing and coordination with the State Division of Motor Vehicles for
registration holds; processing of all delinquent notices; delinquent collections; city lease of
eleven handheld ticket writers with integrated printer and color photography; and establishment
of a web site with the following capabilities:
·View real-time citation(s) data, including pictures taken by the issuing officer
·Accept payment via VISA, MasterCard, Discover and American Express credit/debit
cards, check or money order
·Process insufficient-funds-requests and refunds
Page 1 City of Clearwater Printed on 11/3/2019
File Number: ID#19-7011
·Reduce or increase violation amounts, dismiss citations, void citations and place a
citation on hold
·Change citation data, including violations, date, time, plate, location, comments, make,
model, color, registration expiration date and others
·Perform administrative reviews online by entering the disposition directly online
·Generate a time expired or letter of non-responsibility for a citation in the adjudication
process
·View the complete reason for the review request and supporting documentation
provided by the appellant directly online
·Edit appellant information
·Upload disposition documents sent to the City via US Mail
·Add a note to a citation and see all comments added to the citation
·View the reason for the 2nd Level Administrative Hearing Request online and view the
supporting documentation provided by the appellant, directly online
·Print a receipt with or without registered owner information
·Provide a website for digital permit purchasing
·Software integration with Vigilant, Cale, Park Mobile and Tyler-Munis software
Many of these website integration features are intended to provide customers with any available
information, in real time, related to their citation or permit. This will likely result in a reduction in
the number of citation disputes and cases brought to court while also providing more
convenience to the public.
Citations that are unpaid after 90 days are forwarded to the delinquent services, Municipal
Collection of America, who retains 30% of the funds they collect.
Current average annual gross parking fine revenue is $1,071,000 with $5 for every citation
collected, or an estimated $160,000, funding the School Crossing Guard Program.
APPROPRIATION CODE AND AMOUNT:
4351333-530300 $ 3,883.74
4351334-530300-$172,710.00
A first quarter budget amendment will increase Parking Enforcement cost code
4351334-530300 (Contractual Services) by $96,710 to fund this contract. Parking Fund
revenues are sufficient to cover this expenditure increase.
Funds are available in cost codes in amounts of $3,883.74 from 4351333-530300, (Contractual
Services), and $76,000 from 4351334-530300, (Contractual Services), to fund the contract for
Fiscal Year 2019/20. Funding will be included in the Parking System and Parking Enforcement
Operating Budget requests for Fiscal Years 2020/21 through FY2023/24 to fund the contract.
Page 2 City of Clearwater Printed on 11/3/2019
Page 1 of 6
United Public Safety, Inc. 321 Morris Road,Fort Washington, PA 19034
SOFTWARE LICENSE AND SERVICE AGREEMENT
The following terms, including the terms and conditions found in all Exhibits (the "Agreement"), represent the
full understanding of United Public Safety, Inc. ("UPsafety") and the Party named below ("Client" and with
UPsafety, the "Parties" and each individually a "Party"). In exchange for the mutual covenants herein and other
good and valuable consideration, the Parties agree and intend to be bound as follows:
I.General Terms
United Public Safety will provide services (the "Services") and license all software, including all web and mobile
applications and related documentation, (the "Software") necessary for Client to operate a Citation
Management Program ("CMP") which allows Client's parking enforcement officers to issue parking citations and
allows Client to accept payment for parking citations and perform citation adjudication tasks.
Exhibits A -C listed below are incorporated into and made a part of this Agreement. In interpreting this
Agreement and resolving any ambiguities, the main body of this Agreement takes precedence over the exhibits
and any inconsistency between the Exhibits will be resolved in their listed order, which include:
Exhibit A: SaaS Terms and Conditions
Exhibit B: UPsafety Response to RFP #20-19
Exhibit C: Warranty Information
II.Term and Termination
The Terms and Conditions of the Agreement will remain in effect for a period of three (3) years from the later of
(a) the date on which UPsafety signs this Agreement or (b) the date on which the Software is deployed to Client
(the "Effective Date").On the third anniversary of the Effective Date, and on each anniversary date thereafter,
this Agreement will automatically renew for a one-year period upon the same terms and conditions. If either
the Client or UPsafety does not wish for any such renewal, it must notify the other party in writing of its
intention not to renew no later than ninety (90) days prior to any such anniversary date, in which case this
Agreement shall terminate on such anniversary date.
Page 2 of 6
United Public Safety, Inc. 321 Morris Road, Fort Washington, PA 19034
Either party may terminate this agreement for cause with immediate effect in the event that it provides written
notice to the other Party of a material breach and the breaching Party fails to cure said breach within thirty (30)
days after receiving written notice of the breach from the non-breaching Party.
Either party may terminate this agreement without cause upon thirty (30) days written notice. If this
termination is exercised by Client prior to the thirty six (36) months following the Effective Date, UPsafety will
be entitled to collect $1,000 for each month or partial month remaining in the thirty six month term. By way of
example only, if Client were to cancel on the first day of the third month, Client would be obligated to pay to
UPsafety a fee of $33,000.
III.CityCite™ Platform Component Terms
UPsafety will provide the service, or services as specified in Exhibit B in conformance with the following Terms:
I. Physical Equipment
UPsafety will supply hardware to Client in the models and quantities set forth in Exhibit B, under the warranty
terms attached in Exhibit C.
All equipment provided by UPsafety under this Agreement will be standard new and unused equipment of the
latest model available. Where any part or standard accessory of such equipment is not described, it shall be
understood that all equipment and accessories that are provided standard with such equipment shall be
furnished.
Client acknowledges that, if the equipment has not been purchased outright, that the equipment is the
property of UPsafety, and Client agrees to exercise reasonable care of said equipment while in its possession.
Leased equipment that becomes lost or stolen will be the sole responsibility of the Client, and will be billed to
the Client at the cost of:
N5Z1 One Piece Ticket Writer – Branded as CitePro™: $2750.00
II. Data Plans
UPsafety will provide a Data Plan for each device requiring one, allowing unlimited data usage for the handheld
devices, for the pricing specified in Exhibit B. UPsafety expressly disclaims all warranties as to the network’s
reliability, fitness for a particular purpose or uptime.
III. Paper and Physical Consumables
Paper, Permits and other Physical Consumables will be provided in the configurations and quantities identified
in Exhibit B. Additional paper can be purchased for the same terms.
If Client orders custom printer paper not quoted in Exhibit B, UPsafety will provide a separate Agreement to
Purchase to Client detailing costs.
IV. Public Citation Management Portal
Page 3 of 6
United Public Safety, Inc. 321 Morris Road, Fort Washington, PA 19034
UPsafety will provide an online payment portal and an interactive voice response (IVR) system through which
patrons may view, pay and dispute outstanding parking citations, as well as view, purchase and apply for
permits. Service levels and other terms of use for this portal are governed by Exhibit A: Terms and Conditions.
V. Automated Notice Generation, Owner Lookups & Collections
UPsafety will prepare all Delinquent Notices and Notice of Violations for outstanding tickets issued to vehicles
bearing State of Florida plates and Out-of-State plates (to the extent allowed by each State's DMV) to the last
known registered owner(s). State agency approval will also be obtained where applicable. Such notices shall
comply with state rules and regulations in all material respects.
If authorized by Client, citations which remain unpaid may be submitted to the Florida Courts for escalation; to
a collections agency to initiate a further collections process; or both.
VI. Custom Software Development
Upon the request of the Client and the receipt by UPsafety of a signed purchase order, UPsafety may perform
custom software development to customize the CityCite™, CodeCite™ or ForCite™ platforms to meet the
Client’s request. Work will be performed in accordance with an issued Statement of Work (“SOW”), and will be
performed in a professional and workmanlike manner in accordance with recognized industry standards and
other specifications as outlined in the project specific SOW.
VII. Support & Issue Resolution
Through the life of the Contract, UPsafety will provide online, telephone and e-mail support to Client during the
Term, providing live, direct UPsafety Product Support from 8:00 a.m. to 5:00 p.m. EST, Monday through Fridays,
excluding holidays. Additionally, Email and Voice Mail will be made available 24/7 and a reply will be generated
by UPsafety initiating the Support call within 1 hour.
UPsafety Product Support will assist Clients in communications relating to, but not limited to:
(1) Recommendations for optimal use of CMP
(2) Problems with or questions pertaining to the operation of CMP
(3) Problems with interfaces between CMP & other systems
(4) Error messages from CMP
(5) Printing issues related to Mobile Software
(6) Questions about CMP customizable reporting tool
VIII. Shipping Costs
Client will bear all shipping costs incurred by UPsafety for the shipment of Paper, Equipment, Permits and all
other physical components required to operate the CMP except in the case of all-inclusive warranty programs
which may be offered to Client.
IX. Out of Scope Services
Page 4 of 6
United Public Safety, Inc. 321 Morris Road, Fort Washington, PA 19034
Additional services requested by the Client that are not described in this Agreement must be submitted in
writing by the Client. UPsafety will prepare a statement of work along with a detailed cost estimate to be
approved in writing by the Client prior to the implementation of said changes or additions. This includes, but is
not limited to, requests for additional equipment, installation of additional sessions, Client requested software
modifications and/ or relocation of equipment.
X. Service Level Agreement for Cloud Services
UPsafety will provide the software with uptime of at least ninety-nine point nine percent (99.9%) calculated
over a rolling six-month period (“uptime guarantee”). For any month during which system uptime drops below
the uptime guarantee, UPsafety will provide a billing credit in an amount equal to: the percentage difference
between a) the lowest uptime reached at any point during the month (calculated on a rolling six-month period)
and b) the uptime guarantee multiplied by the total fees payable to UPsafety for such month. For example, if
during a given month the software uptime fell as low as ninety-five percent (95%) and during that month, the
fees payable to UPsafety were one hundred dollars ($100.00), UPsafety would issue a billing credit of four
dollars and ninety cents ($4.90). For the purposes of this agreement, uptime is defined as any period of time
during which end users of the software can use the software to: (1) pay for parking citations and permits, and
(2) issue and manage parking citations and permits.
IV.Merchant Processing Framework
In performing UPsafety’s obligations in connection with the maintenance of the Public Citation Management
Portal (“PCMP”), UPsafety will serve as the merchant of record for all PCMP transactions and will supply a
payment gateway for all such transactions.
Except for chargeback fees from UPsafety's merchant bank, UPsafety will be responsible for all merchant
processing costs associated with citation payments made online through the payment portal provided by
UPsafety, including, without limitation, settlement fees, payment gateway fees, and interchange
reimbursement fees. Chargeback fees from UPsafety's merchant bank will be passed through directly to Client
with no markup.
UPsafety will remit all fees and fines to Client, less UPsafety’s per transaction fees, refunded fees, merchant
processing fees as applicable based on the pricing set forth in Exhibit B. Funds from all transactions processed
through the PCMP will be remitted to Client within one (1) business day of Settlement.
V.Fees
Client agrees to the fee schedule outlined within the attached Agreement to Purchase. Invoices will be
submitted on a monthly basis, payable within thirty (30) days upon receipt.
Fees may only increase within the term due to an evidenced increase in UPsafety’s direct costs in providing the
specified equipment and services. Increases in scope must be evidenced by a signed acknowledgement,
incorporated as an amendment to this document herein.
VI.Payment
Payment for Software Licensing, Data Plans and CiteGuardPlus™ Warranties are invoiced one (1) year in
advance. Payment for purchased Hardware and CiteGuard™ warranties are due prior to installation. If handheld
and other upfront costs have been amortized over a three-year term, the lump sum payment outlined in the
attached Agreement to Purchase will be invoiced one year in advance.
Page 5 of 6
United Public Safety, Inc. 321 Morris Road, Fort Washington, PA 19034
Payments for any Owner Lookups, Data Entry, Automated Notices and Call Center Support, as applicable, are
invoiced monthly on an as-used basis conformant to the Agreement to Purchase or other Appendices.
UPsafety shall keep accurate records of all services performed under this agreement and shall submit such
information to the Client with each invoice. Any payment for goods or services provided under this agreement
shall be made to UPsafety not more than thirty (30) days after receipt of an invoice and acceptance of the
goods or services by the Client.
VII.Signatures
This Software License and Service Agreement ("Agreement") is entered into, as of the Effective Date, between
United Public Safety, Inc. and the Client named below. This Agreement includes and incorporates the terms and
conditions found in this document and the Standard Terms and Conditions found in Exhibit A, and the terms
and conditions found in Exhibits B through C, which are attached hereto and incorporated herein by reference.
There shall be no force or effect to any different terms of any related purchase order or similar form even if
signed by the parties after the date hereof.
SIGNATURE PAGE TO FOLLOW
Page 6 of 6
United Public Safety, Inc. 321 Morris Road, Fort Washington, PA 19034
Agreed and accepted:
United Public Safety, Inc.
Joan R. Young
President
Date
Countersigned:
George N. CretekosMayor William B. Horne, IICity Manager
Approved as to form:
Michael P. Fuino
Assistant City Attorney
Attest:
Rosemarie Call
City Clerk
Purchasing Office 100 S Myrtle Ave
Clearwater FL 33756-5520
PO Box 4748, 33758-4748
727-562-4633 Tel
v 11.2018
REQUEST FOR PROPOSALS
#20-19
Parking Management Solution
June 21, 2019
NOTICE IS HEREBY GIVEN that sealed proposals will be received by the City of Clearwater (City) until
10:00 AM, Local Time, July 23, 2019 to provide a Parking Management Solution.
Brief Description: The City of Clearwater seeks proposals from qualified companies for a
comprehensive Parking Management Solution capable of performing data analytics and related
services.
Proposals must be in accordance with the provisions, specifications and instructions set forth herein and
will be received by Purchasing until the above noted time, when they will be publicly acknowledged and
accepted.
Proposal packets, any attachments and addenda are available for download at:
https://www.myclearwater.com/bid
Please read the entire solicitation package and submit the bid in accordance with the instructions. This
document (less this invitation and the instructions) and any required response documents, attachments,
and submissions will constitute the bid.
General, Process or Technical Questions concerning this solicitation should be
directed, IN WRITING, to the following Sr. Procurement Analyst:
Lori Vogel, CPPB
Sr. Procurement Analyst
lori.vogel@myclearwater.com
This Request for Proposals is issued by:
Alyce Benge, CPPO, C.P.M.
Purchasing Manager
Alyce.Benge@myclearwater.com
INSTRUCTIONS
Parking Management Solution 2 RFP #20-19
i.1 VENDOR QUESTIONS: All questions regarding the contents of this solicitation, and solicitation
process (including requests for ADA accommodations), shall be directed solely to the Purchasing
Manager listed on Page 1. Questions should be submitted in writing via letter, fax or email.
Questions received less than seven (7) calendar days prior to the due date and time may be
answered at the discretion of the City.
i.2 ADDENDA/CLARIFICATIONS: Any changes to the specifications will be in the form of an
addendum. Addenda are posted on the City website and mailed to those who register on the City
website when downloading solicitations no less than seven (7) days prior to the Due Date. Vendors
are cautioned to check the Purchasing Website for addenda and clarifications prior to
submitting their proposal. The City cannot be held responsible if a vendor fails to receive any
addenda issued. The City shall not be responsible for any oral changes to these specifications
made by any employees or officer of the City. Failure to acknowledge receipt of an addendum may
result in disqualification of a proposal.
i.3 VENDOR CONFERENCE / SITE VISIT: Yes No
Mandatory Attendance: Yes No
i.4 DUE DATE & TIME FOR SUBMISSION AND OPENING:
Date: July 23, 2019
Time: 10:00 AM (Local Time)
The City will open all proposals properly and timely submitted, and will record the names and other
information specified by law and rule. All proposals become the property of the City and will not be
returned except in the case of a late submission. Respondent names, as read at the bid opening,
will be posted on the City website. Once a notice of intent to award is posted or 30 days from day
of opening elapses, whichever occurs earlier, proposals are available for inspection by contacting
Purchasing.
i.5 PROPOSAL FIRM TIME: 120 Days from Opening
Proposal shall remain firm and unaltered after opening for the number of days shown above. The
City may accept the proposal, subject to successful contract negotiations, at any time during this
time.
i.6 PROPOSAL SECURITY: Yes No
If so designated above, a proposal security in the amount specified must be submitted with the
proposal. The security may be submitted in any one of the following forms: an executed surety
bond issued by a firm licensed and registered to transact such business with the State of Florida;
cash; certified check, or cashier's check payable to the City of Clearwater (personal or company
checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial
institution and acceptable to the City. Such proposal security shall be forfeited to the City of
Clearwater should the proposer selected fail to execute a contract when requested.
PERFORMANCE SECURITY: Yes No
If required herein, the Contractor, simultaneously with the execution of the Contract, will be required
to furnish a performance security. The security may be submitted in one-year increments and in
any one of the following forms: an executed surety bond issued by a firm licensed and registered
to transact such business with the State of Florida; cash; certified check, cashier's check or money
order payable to the City of Clearwater (personal and company checks are not acceptable);
certificate of deposit or any other form of deposit issued by a financial institution and acceptable to
the City. If the Contractor fails or refuses to fully comply with the terms and conditions of the
contract, the City shall have the right to use all or such part of said security as may be necessary
to reimburse the City for loss sustained by reason of such breach. The balance of said security, if
any, will be returned to Contractor upon the expiration or termination of the contract.
INSTRUCTIONS
Parking Management Solution 3 RFP #20-19
i.7 SUBMIT PROPOSALS TO: Use label at the end of this solicitation package
City of Clearwater
Attn: Purchasing
100 S Myrtle Ave, 3rd Fl, Clearwater FL 33756-5520
or
PO Box 4748, Clearwater FL 33758-4748
Proposals will be received at this address. Proposers may mail or hand-deliver proposals; e-mail
or fax submissions will not be accepted.
No responsibility will attach to the City of Clearwater, its employees or agents for premature
opening of a proposal that is not properly addressed and identified.
i.8 LATE PROPOSALS. The proposer assumes responsibility for having the proposal delivered on
time at the place specified. All proposals received after the date and time specified shall not be
considered and will be returned unopened to the proposer. The proposer assumes the risk of any
delay in the mail or in handling of the mail by employees of the City of Clearwater, or any private
courier, regardless whether sent by mail or by means of personal delivery. It shall not be sufficient
to show that you mailed or commenced delivery before the due date and time. All times are
Clearwater, Florida local times. The proposer agrees to accept the time stamp in the City
Purchasing Office as the official time.
i.9 LOBBYING. The integrity of the procurement process is critical. Communication regarding this
solicitation for purpose of influencing the process or the award, between any person or affiliates
seeking an award from this solicitation and the City, including but not limited to the City Council,
employees, and consultants hired to assist in the solicitation, is strongly discouraged. This does
not prohibit public comment at any City Council meeting, study session or Council committee
meeting.
This shall not apply to vendor-initiated communication with the contact(s) identified in the
solicitation or City-initiated communications for the purposes of conducting the procurement
including but not limited to pre-bid conferences, clarification of responses, presentations if provided
in the solicitation, requests for Best and Final Proposals, contract negotiations, protest/appeal
resolution, or surveying non-responsive vendors.
i.10 COMMENCEMENT OF WORK. If proposer begins any billable work prior to the City’s final
approval and execution of the contract, proposer does so at its own risk.
i.11 RESPONSIBILITY TO READ AND UNDERSTAND. Failure to read, examine and understand the
solicitation will not excuse any failure to comply with the requirements of the solicitation or any
resulting contract, nor shall such failure be a basis for claiming additional compensation. If a vendor
suspects an error, omission or discrepancy in this solicitation, the vendor must immediately and in
any case not later than seven (7) business days in advance of the due date notify the contact on
page one (1). The City is not responsible for and will not pay any costs associated with the
preparation and submission of the proposal. Proposers are cautioned to verify their proposals
before submission, as amendments to or withdrawal of proposals submitted after time specified for
opening of proposals may not be considered. The City will not be responsible for any proposer
errors or omissions.
i.12 FORM AND CONTENT OF PROPOSALS. Unless otherwise instructed or allowed, proposals shall
be submitted on the forms provided. An original and the designated number of copies of each
proposal are required. Proposals, including modifications, must be submitted in ink, typed, or
printed form and signed by an authorized representative. Please line through and initial rather than
erase changes. If the proposal is not properly signed or if any changes are not initialed, it may be
considered non-responsive. In the event of a disparity between the unit price and the extended
price, the unit price shall prevail unless obviously in error, as determined by the City. The City may
require that an electronic copy of the proposal be submitted. The proposal must provide all
information requested and must address all points. The City does not encourage exceptions. The
INSTRUCTIONS
Parking Management Solution 4 RFP #20-19
City is not required to grant exceptions and depending on the exception, the City may reject the
proposal.
i.13 SPECIFICATIONS. Technical specifications define the minimum acceptable standard. When the
specification calls for “Brand Name or Equal,” the brand name product is acceptable. Other
products will be considered upon showing the other product meets stated specifications and is
equivalent to the brand product in terms of quality, performance and desired characteristics.
Minor differences that do not affect the suitability of the supply or service for the City’s needs may
be accepted. Burden of proof that the product meets the minimum standards or is equal to the
brand name product is on the proposer. The City reserves the right to reject proposals that the City
deems unacceptable.
i.14 MODIFICATION / WITHDRAWAL OF PROPOSAL. Written requests to modify or withdraw the
proposal received by the City prior to the scheduled opening time will be accepted and will be
corrected after opening. No oral requests will be allowed. Requests must be addressed and
labeled in the same manner as the proposal and marked as a MODIFICATION or WITHDRAWAL
of the proposal. Requests for withdrawal after the bid opening will only be granted upon proof of
undue hardship and may result in the forfeiture of any proposal security. Any withdrawal after the
bid opening shall be allowed solely at the City’s discretion.
i.15 DEBARMENT DISCLOSURE. If the vendor submitting a proposal has been debarred, suspended,
or otherwise lawfully precluded from participating in any public procurement activity, including being
disapproved as a subcontractor with any federal, state, or local government, or if any such
preclusion from participation from any public procurement activity is currently pending, the proposer
shall include a letter with its proposal identifying the name and address of the governmental unit,
the effective date of this suspension or debarment, the duration of the suspension or debarment,
and the relevant circumstances relating to the suspension or debarment. If suspension or
debarment is currently pending, a detailed description of all relevant circumstances including the
details enumerated above must be provided. A proposal from a proposer who is currently debarred,
suspended or otherwise lawfully prohibited from any public procurement activity may be rejected.
i.16 RESERVATIONS. The City reserves the right to reject any or all proposals or any part thereof; to
rebid the solicitation; to reject non-responsive or non-responsible proposals; to reject unbalanced
proposals; to reject proposals where the terms, prices, and/or awards are conditioned upon another
event; to reject individual proposals for failure to meet any requirement; to award by item, part or
portion of an item, group of items, or total; to make multiple awards; to waive minor irregularities,
defects, omissions, technicalities or form errors in any proposal. The City may seek clarification of
the proposal from proposer at any time, and failure to respond is cause for rejection. Submission
of a proposal confers on proposer no right to an award or to a subsequent contract. The City is
responsible to make an award that is in the best interest of the City. All decisions on compliance,
evaluation, terms and conditions shall be made solely at the City’s discretion and made to favor the
City. No binding contract will exist between the proposer and the City until the City executes a
written contract or purchase order.
i.17 OFFICIAL SOLICITATION DOCUMENT. Changes to the solicitation document made by a
proposer may not be acknowledged or accepted by the City. Award or execution of a contract does
not constitute acceptance of a changed term, condition or specification unless specifically
acknowledged and agreed to by the City. The copy maintained and published by the City shall be
the official solicitation document.
i.18 COPYING OF PROPOSALS. Proposer hereby grants the City permission to copy all parts of its
proposal, including without limitation any documents and/or materials copyrighted by the proposer.
The City’s right to copy shall be for internal use in evaluating the proposal.
i.19 CONTRACTOR ETHICS. It is the intention of the City to promote courtesy, fairness, impartiality,
integrity, service, professionalism, economy, and government by law in the Procurement process.
The responsibility for implementing this policy rests with each individual who participates in the
Procurement process, including Respondents and Contractors.
INSTRUCTIONS
Parking Management Solution 5 RFP #20-19
To achieve this purpose, it is essential that Respondents and Contractors doing business with the
City also observe the ethical standards prescribed herein. It shall be a breach of ethical standards
to:
a. Exert any effort to influence any City employee or agent to breach the standards of ethical
conduct.
b. Intentionally invoice any amount greater than provided in Contract or to invoice for Materials or
Services not provided.
c. Intentionally offer or provide sub-standard Materials or Services or to intentionally not comply
with any term, condition, specification or other requirement of a City Contract.
i.20 GIFTS. The City will accept no gifts, gratuities or advertising products from proposers or
prospective proposers and affiliates. The City may request product samples from vendors for
product evaluation.
i.21 PROTESTS AND APPEALS. If a Respondent believes there is a mistake, impropriety, or defect
in the solicitation, believes the City improperly rejected its proposal, and/or believes the selected
proposal is not in the City’s best interests, the Respondent may submit a written protest. All protests
and appeals are governed by the City of Clearwater Purchasing Policy and Procedures Section 18
(“Purchasing Policy”). If there exists any discrepancy in this Section i.21 and the Purchasing Policy,
the language of the Purchasing Policy controls.
Protests based upon alleged mistake, impropriety, or defect in a solicitation that is apparent before
the bid opening must be filed with the Purchasing Manager no later than five (5) business days
before Bid Opening. Protests that only become apparent after the Bid Opening must be filed within
the earlier of ten (10) business days of the alleged violation of the applicable purchasing ordinance.
The complete protest procedure can be obtained by contacting Purchasing.
ADDRESS PROTESTS TO:
Alyce Benge, CPPO, C.P.M.
Purchasing Manager
100 So Myrtle Ave, 3rd Fl
Clearwater FL 33756-5520
or
PO Box 4748
Clearwater FL 33758-4748
INSTRUCTIONS – EVALUATION
Parking Management Solution 6 RFP #20-19
i.22 EVALUATION PROCESS. Proposals will be reviewed by a screening committee comprised of
City employees. The City staff may or may not initiate discussions with proposers for clarification
purposes. Clarification is not an opportunity to change the proposal. Proposers shall not initiate
discussions with any City employee or official.
i.23 CRITERIA FOR EVALUATION AND AWARD. The City evaluates three (3) categories of
information: responsiveness, responsibility, the technical proposal/price. All proposals must meet
the following responsiveness and responsibility criteria.
a) Responsiveness. The City will determine whether the proposal complies with the instructions
for submitting proposals including completeness of proposal which encompasses the inclusion
of all required attachments and submissions. The City must reject any proposals that are
submitted late. Failure to meet other requirements may result in rejection.
b) Responsibility. The City will determine whether the proposer is one with whom it can or should
do business. Factors that the City may evaluate to determine "responsibility" include, but are
not limited to: excessively high or low priced proposals, past performance, references
(including those found outside the proposal), compliance with applicable laws, proposer's
record of performance and integrity- e.g. has the proposer been delinquent or unfaithful to any
contract with the City, whether the proposer is qualified legally to contract with the City,
financial stability and the perceived ability to perform completely as specified. A proposer
must have sufficient financial resources, in the opinion of the City, to ensure performance of
the contract and must provide proof upon request. City staff may also use Dun & Bradstreet
and/or any generally available industry information. The City reserves the right to inspect and
review proposer’s facilities, equipment and personnel and those of any identified
subcontractors. The City will determine whether any failure to supply information, or the quality
of the information, will result in rejection.
c) Technical Proposal. The City will determine how well proposals meet its requirements in terms
of the response to the specifications and how well the offer addresses the needs of the project.
The City will rank offers using a point ranking system (unless otherwise specified) as an aid
in conducting the evaluation.
d) If less than three (3) responsive proposals are received, at the City’s sole discretion, the
proposals may be evaluated using simple comparative analysis instead of any announced
method of evaluation, subject to meeting administrative and responsibility requirements.
For this RFP, the criteria that will be evaluated and their relative weights are:
Evaluation Criteria (Proposal Format, pg. 22) Points
Project Understanding, Qualifications, Experience, and References (Tab 2) 25
Technical Specifications/Requirements (Tab 3) 20
Project Method, Approach, Implementation Plan & Timeline, and
Management Plan (Tab 4) 15
Warranty, Training, Maintenance Agreement, Technical Support (Tab 5) 15
Parking Management Solution Costs (Tab 6) 15
Citation Collection Services (Tab 7) 10
i.24 SHORT-LISTING. The City at its sole discretion may create a short-list of the highest scored
proposals based on evaluation against the evaluation criteria. Short-listed proposers may be
invited to give presentations and/or interviews. Upon conclusion of any presentations/interviews,
the City will finalize the ranking of shortlisted firms.
i.25 PRESENTATIONS/INTERVIEWS. Presentations and/or interviews may be requested at the City’s
discretion. The proposer must provide a formal presentation/interview on-site at a City location
upon request.
INSTRUCTIONS – EVALUATION
Parking Management Solution 7 RFP #20-19
i.26 BEST & FINAL OFFERS. The City may request best & final offers if deemed necessary and will
determine the scope and subject of any best & final request. However, the proposer should not
expect that the City will ask for best & finals and should submit their best offer based on the terms
and conditions set forth in this solicitation.
i.27 COST JUSTIFICATION. In the event only one response is received, the City may require that the
proposer submit a cost proposal in sufficient detail for the City to perform a cost/price analysis to
determine if the proposal price is fair and reasonable.
i.28 CONTRACT NEGOTIATIONS AND ACCEPTANCE. Proposer must be prepared for the City to
accept the proposal as submitted. If proposer fails to sign all documents necessary to successfully
execute the final contract within a reasonable time as specified, or negotiations do not result in an
acceptable agreement, the City may reject proposal or revoke the award, and may begin
negotiations with another proposer. Final contract terms must be approved or signed by the
appropriately authorized City official(s). No binding contract will exist between the proposer and
the City until the City executes a written contract or purchase order.
i.29 NOTICE OF INTENT TO AWARD. Notices of the City’s intent to award a Contract are posted to
Purchasing’s website. It is the proposer’s responsibility to check the City of Clearwater’s
website at https://www.myclearwater.com/bid to view relevant RFP information and notices.
i.30 RFP TIMELINE. Dates are tentative and subject to change.
Release RFP: June 21, 2019
Advertise Tampa Bay Times: June 22, 2019
Responses due: July 23, 2019
Review proposals: July 23 – 31, 2019
Presentations (if requested): week of August 12, 2019
Award recommendation: August 16, 2019
Council authorization: September 5, 2019
Contract begins: October 1, 2019
TERMS AND CONDITIONS
Parking Management Solution 8 RFP #20-19
S.1 DEFINITIONS. Uses of the following terms are interchangeable as referenced: “vendor, contractor,
supplier, proposer, company, parties, persons”, “purchase order, PO, contract, agreement”, “city,
Clearwater, agency, requestor, parties”, “bid, proposal, response, quote”.
S.2 INDEPENDENT CONTRACTOR. It is expressly understood that the relationship of Contractor to
the City will be that of an independent contractor. Contractor and all persons employed by
Contractor, either directly or indirectly, are Contractor’s employees, not City employees.
Accordingly, Contractor and Contractor’s employees are not entitled to any benefits provided to
City employees including, but not limited to, health benefits, enrollment in a retirement system, paid
time off or other rights afforded City employees. Contractor employees will not be regarded as City
employees or agents for any purpose, including the payment of unemployment or workers’
compensation. If any Contractor employees or subcontractors assert a claim for wages or other
employment benefits against the City, Contractor will defend, indemnify and hold harmless the City
from all such claims.
S.3 SUBCONTRACTING. Contractor may not subcontract work under this Agreement without the
express written permission of the City. If Contractor has received authorization to subcontract work,
it is agreed that all subcontractors performing work under the Agreement must comply with its
provisions. Further, all agreements between Contractor and its subcontractors must provide that
the terms and conditions of this Agreement be incorporated therein.
S.4 ASSIGNMENT. This Agreement may not be assigned either in whole or in part without first
receiving the City’s written consent. Any attempted assignment, either in whole or in part, without
such consent will be null and void and in such event the City will have the right at its option to
terminate the Agreement. No granting of consent to any assignment will relieve Contractor from
any of its obligations and liabilities under the Agreement.
S.5 SUCCESSORS AND ASSIGNS, BINDING EFFECT. This Agreement will be binding upon and
inure to the benefit of the parties and their respective permitted successors and assigns.
S.6 NO THIRD PARTY BENEFICIARIES. This Agreement is intended for the exclusive benefit of the
parties. Nothing set forth in this Agreement is intended to create, or will create, any benefits, rights,
or responsibilities in any third parties.
S.7 NON- EXCLUSIVITY. The City, in its sole discretion, reserves the right to request the materials or
services set forth herein from other sources when deemed necessary and appropriate. No
exclusive rights are encompassed through this Agreement.
S.8 AMENDMENTS. There will be no oral changes to this Agreement. This Agreement can only be
modified in a writing signed by both parties. No charge for extra work or material will be allowed
unless approved in writing, in advance, by the City and Contractor.
S.9 TIME OF THE ESSENCE. Time is of the essence to the performance of the parties’ obligations
under this Agreement.
S.10 COMPLIANCE WITH APPLICABLE LAWS.
a. General. Contractor must procure all permits and licenses and pay all charges and fees
necessary and incidental to the lawful conduct of business. Contractor must stay fully informed
of existing and future federal, state, and local laws, ordinances, and regulations that in any
manner affect the fulfillment of this Agreement and must comply with the same at its own
expense. Contractor bears full responsibility for training, safety, and providing necessary
equipment for all Contractor personnel to achieve throughout the term of the Agreement. Upon
request, Contractor will demonstrate to the City's satisfaction any programs, procedures, and
other activities used to ensure compliance.
b. Drug-Free Workplace. Contractor is hereby advised that the City has adopted a policy
establishing a drug-free workplace for itself and those doing business with the City to ensure
the safety and health of all persons working on City contracts and projects. Contractor will
require a drug-free workplace for all Contractor personnel working under this Agreement.
Specifically, all Contractor personnel who are working under this Agreement must be notified
TERMS AND CONDITIONS
Parking Management Solution 9 RFP #20-19
in writing by Contractor that they are prohibited from the manufacture, distribution,
dispensation, possession, or unlawful use of a controlled substance in the workplace.
Contractor agrees to prohibit the use of intoxicating substances by all Contractor personnel
and will ensure that Contractor personnel do not use or possess illegal drugs while in the course
of performing their duties.
c. Federal and State Immigration Laws. Contractor agrees to comply with the Immigration
Reform and Control Act of 1986 (IRCA) in performance under this Agreement and to permit the
City and its agents to inspect applicable personnel records to verify such compliance as
permitted by law. Contractor will ensure and keep appropriate records to demonstrate that all
Contractor personnel have a legal right to live and work in the United States.
(i) As applicable to Contractor, under this provision, Contractor hereby warrants to the City
that Contractor and each of its subcontractors will comply with, and are contractually
obligated to comply with, all federal immigration laws and regulations that relate to their
employees (hereinafter “Contractor Immigration Warranty”).
(ii) A breach of the Contractor Immigration Warranty will constitute as a material breach of this
Agreement and will subject Contractor to penalties up to and including termination of this
Agreement at the sole discretion of the City.
(iii) The City retains the legal right to inspect the papers of all Contractor personnel who provide
services under this Agreement to ensure that Contractor or its subcontractors are
complying with the Contractor Immigration Warranty. Contractor agrees to assist the City
in regard to any such inspections.
(iv) The City may, at its sole discretion, conduct random verification of the employment records
of Contractor and any subcontractor to ensure compliance with the Contractor Immigration
Warranty. Contractor agrees to assist the City in regard to any random verification
performed.
(v) Neither Contractor nor any subcontractor will be deemed to have materially breached the
Contractor Immigration Warranty if Contractor or subcontractor establishes that it has
complied with the employment verification provisions prescribed by Sections 274A and
274B of the Federal Immigration and Nationality Act.
d. Nondiscrimination. Contractor represents and warrants that it does not discriminate against
any employee or applicant for employment or person to whom it provides services because of
race, color, religion, sex, national origin, or disability, and represents and warrants that it
complies with all applicable federal, state, and local laws and executive orders regarding
employment. Contractor and Contractor’s personnel will comply with applicable provisions of
Title VII of the U.S. Civil Rights Act of 1964, as amended, Section 504 of the Federal
Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), and
applicable rules in performance under this Agreement.
S.11 SALES/USE TAX, OTHER TAXES.
a. Contractor is responsible for the payment of all taxes including federal, state, and local taxes
related to or arising out of Contractor’s services under this Agreement, including by way of
illustration but not limitation, federal and state income tax, Social Security tax, unemployment
insurance taxes, and any other taxes or business license fees as required. If any taxing
authority should deem Contractor or Contractor employees an employee of the City, or should
otherwise claim the City is liable for the payment of taxes that are Contractor’s responsibility
under this Agreement, Contractor will indemnify the City for any tax liability, interest, and
penalties imposed upon the City.
b. The City is exempt from paying state and local sales/use taxes and certain federal excise taxes
and will furnish an exemption certificate upon request.
TERMS AND CONDITIONS
Parking Management Solution 10 RFP #20-19
S.12 AMOUNTS DUE THE CITY. Contractor must be current and remain current in all obligations due
to the City during the performance of services under the Agreement. Payments to Contractor may
be offset by any delinquent amounts due the City or fees and charges owed to the City.
S.13 OPENNESS OF PROCUREMENT PROCESS. Written competitive proposals, replies, oral
presentations, meetings where vendors answer questions, other submissions, correspondence,
and all records made thereof, as well as negotiations or meetings where negotiation strategies are
discussed, conducted pursuant to this RFP, shall be handled in compliance with Chapters 119 and
286, Florida Statutes.
Proposals or replies received by the City pursuant to this RFP are exempt from public disclosure
until such time that the City provides notice of an intended decision or until 30 days after opening
the proposals, whichever is earlier. If the City rejects all proposals or replies pursuant to this RFP
and provides notice of its intent to reissue the RFP, then the rejected proposals or replies remain
exempt from public disclosure until such time that the City provides notice of an intended decision
concerning the reissued RFP or until the City withdraws the reissued RFP. A proposal or reply shall
not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all
proposals or replies.
Oral presentations, meetings where vendors answer questions, or meetings convened by City staff
to discuss negotiation strategies, if any, shall be closed to the public (and other proposers) in
compliance with Chapter 286 Florida Statutes. A complete recording shall be made of such closed
meeting. The recoding of, and any records presented at, the exempt meeting shall be available to
the public when the City provides notice of an intended decision or until 30 days after opening
proposals or final replies, whichever occurs first. If the City rejects all proposals or replies pursuant
to this RFP and provides notice of its intent to reissue the RFP, then the recording and any records
presented at the exempt meeting remain exempt from public disclosure until such time that the City
provides notice of an intended decision concerning the reissued RFP or until the City withdraws
the reissued RFP. A recording and any records presented at an exempt meeting shall not be
exempt from public disclosure longer than 12 months after the initial City notice rejecting all
proposals or replies.
In addition to all other contract requirements as provided by law, the contractor executing
this agreement agrees to comply with public records law.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER
119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS, Rosemarie Call, phone: 727-562-4092 or Rosemarie.Call@myclearwater.com,
112 S. Osceola Ave., Clearwater, FL 33756.
The contractor’s agreement to comply with public records law applies specifically to:
a) Keep and maintain public records required by the City of Clearwater (hereinafter “public
agency”) to perform the service being provided by the contractor hereunder.
b) Upon request from the public agency’s custodian of public records, provide the public agency
with a copy of the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided for in Chapter 119, Florida
Statutes, as may be amended from time to time, or as otherwise provided by law.
c) Ensure that the public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of the
contract term and following completion of the contract if the contractor does not transfer the
records to the public agency.
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Parking Management Solution 11 RFP #20-19
d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in
possession of the contractor or keep and maintain public records required by the public agency
to perform the service. If the contractor transfers all public records to the public agency upon
completion of the contract, the contractor shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements. If the
contractor keeps and maintains public records upon completion of the contract, the contractor
shall meet all applicable requirements for retaining public records. All records stored
electronically must be provided to the public agency, upon request from the public agency’s
custodian of public records, in a format that is compatible with the information technology
systems of the public agency.
e) A request to inspect or copy public records relating to a public agency’s contract for services
must be made directly to the public agency. If the public agency does not possess the
requested records, the public agency shall immediately notify the contractor of the request and
the contractor must provide the records to the public agency or allow the records to be
inspected or copied within a reasonable time.
f) The contractor hereby acknowledges and agrees that if the contractor does not comply with
the public agency’s request for records, the public agency shall enforce the contract provisions
in accordance with the contract.
g) A contractor who fails to provide the public records to the public agency within a reasonable
time may be subject to penalties under Section 119.10, Florida Statutes.
h) If a civil action is filed against a contractor to compel production of public records relating to a
public agency’s contract for services, the court shall assess and award against the contractor
the reasonable costs of enforcement, including reasonable attorney fees, if:
1. The court determines that the contractor unlawfully refused to comply with the public
records request within a reasonable time; and
2. At least eight (8) business days before filing the action, the plaintiff provided written
notice of the public records request, including a statement that the contractor has not
complied with the request, to the public agency and to the contractor.
i) A notice complies with subparagraph (h)2. if it is sent to the public agency’s custodian of public
records and to the contractor at the contractor’s address listed on its contract with the public
agency or to the contractor’s registered agent. Such notices must be sent by common carrier
delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or
shipping paid by the sender and with evidence of delivery, which may be in an electronic format.
A contractor who complies with a public records request within 8 business days after the notice is
sent is not liable for the reasonable costs of enforcement.
S.14 AUDITS AND RECORDS. Contractor must preserve the records related to this Agreement for five
(5) years after completion of the Agreement. The City or its authorized agent reserves the right to
inspect any records related to the performance of work specified herein. In addition, the City may
inspect any and all payroll, billing or other relevant records kept by Contractor in relation to the
Agreement. Contractor will permit such inspections and audits during normal business hours and
upon reasonable notice by the City. The audit of records may occur at Contractor’s place of
business or at City offices, as determined by the City.
S.15 BACKGROUND CHECK. The City may conduct criminal, driver history, and all other requested
background checks of Contractor personnel who would perform services under the Agreement or
who will have access to the City’s information, data, or facilities in accordance with the City’s current
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Parking Management Solution 12 RFP #20-19
background check policies. Any officer, employee, or agent that fails the background check must
be replaced immediately for any reasonable cause not prohibited by law.
S.16 SECURITY CLEARANCE AND REMOVAL OF CONTRACTOR PERSONNEL. The City will
have final authority, based on security reasons: (i) to determine when security clearance of
Contractor personnel is required; (ii) to determine the nature of the security clearance, up to and
including fingerprinting Contractor personnel; and (iii) to determine whether or not any individual or
entity may provide services under this Agreement. If the City objects to any Contractor personnel
for any reasonable cause not prohibited by law, then Contractor will, upon notice from the City,
remove any such individual from performance of services under this Agreement.
S.17 DEFAULT.
a. A party will be in default if that party:
(i) Is or becomes insolvent or is a party to any voluntary bankruptcy or receivership
proceeding, makes an assignment for a creditor, or there is any similar action that affects
Contractor’s capability to perform under the Agreement;
(ii) Is the subject of a petition for involuntary bankruptcy not removed within sixty (60) calendar
days;
(iii) Conducts business in an unethical manner or in an illegal manner; or
(iv) Fails to carry out any term, promise, or condition of the Agreement.
b. Contractor will be in default of this Agreement if Contractor is debarred from participating in
City procurements and solicitations in accordance with Section 27 of the City’s Purchasing and
Procedures Manual.
c. Notice and Opportunity to Cure. In the event a party is in default then the other party may,
at its option and at any time, provide written notice to the defaulting party of the default. The
defaulting party will have thirty (30) days from receipt of the notice to cure the default; the thirty
(30) day cure period may be extended by mutual agreement of the parties, but no cure period
may exceed ninety (90) days. A default notice will be deemed to be sufficient if it is reasonably
calculated to provide notice of the nature and extent of such default. Failure of the non-
defaulting party to provide notice of the default does not waive any rights under the Agreement.
d. Anticipatory Repudiation. Whenever the City in good faith has reason to question
Contractor’s intent or ability to perform, the City may demand that Contractor give a written
assurance of its intent and ability to perform. In the event that the demand is made and no
written assurance is given within five (5) calendar days, the City may treat this failure as an
anticipatory repudiation of the Agreement.
S.18 REMEDIES. The remedies set forth in this Agreement are not exclusive. Election of one remedy
will not preclude the use of other remedies. In the event of default:
a. The non-defaulting party may terminate the Agreement, and the termination will be effective
immediately or at such other date as specified by the terminating party.
b. The City may purchase the services required under the Agreement from the open market,
complete required work itself, or have it completed at the expense of Contractor. If the cost of
obtaining substitute services exceeds the contract price, the City may recover the excess cost
by: (i) requiring immediate reimbursement to the City; (ii) deduction from an unpaid balance
due to Contractor; (iii) collection against the proposal and/or performance security, if any; (iv)
collection against liquidated damages (if applicable); or (v) a combination of the
aforementioned remedies or other remedies as provided by law. Costs includes any and all,
fees, and expenses incurred in obtaining substitute services and expended in obtaining
reimbursement, including, but not limited to, administrative expenses, attorneys’ fees, and
costs.
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Parking Management Solution 13 RFP #20-19
c. The non-defaulting party will have all other rights granted under this Agreement and all rights
at law or in equity that may be available to it.
d. Neither party will be liable for incidental, special, or consequential damages.
S.19 CONTINUATION DURING DISPUTES. Contractor agrees that during any dispute between the
parties, Contractor will continue to perform its obligations until the dispute is settled, instructed to
cease performance by the City, enjoined or prohibited by judicial action, or otherwise required or
obligated to cease performance by other provisions in this Agreement.
S.20 TERMINATION FOR CONVENIENCE. The City reserves the right to terminate this Agreement in
part or in whole upon thirty (30) calendar days’ written notice.
S.21 CONFLICT OF INTEREST F.S. Section 112. Pursuant to F.S. Section 112, the City may cancel
this Agreement after its execution, without penalty or further obligation, if any person significantly
involved in initiating, securing, drafting, or creating the Agreement for the City becomes an
employee or agent of Contractor.
S.22 TERMINATION FOR NON-APPROPRIATION AND MODIFICATION FOR BUDGETARY
CONSTRAINT. The City is a governmental agency which relies upon the appropriation of funds
by its governing body to satisfy its obligations. If the City reasonably determines that it does not
have funds to meet its obligations under this Agreement, the City will have the right to terminate
the Agreement without penalty on the last day of the fiscal period for which funds were legally
available. In the event of such termination, the City agrees to provide written notice of its intent to
terminate thirty (30) calendar days prior to the stated termination date.
S.23 PAYMENT TO CONTRACTOR UPON TERMINATION. Upon termination of this Agreement,
Contractor will be entitled only to payment for those services performed up to the date of
termination, and any authorized expenses already incurred up to such date of termination. The
City will make final payment within thirty (30) calendar days after the City has both completed its
appraisal of the materials and services provided and received Contractor’s properly prepared final
invoice.
S.24 NON-WAIVER OF RIGHTS. There will be no waiver of any provision of this agreement unless
approved in writing and signed by the waiving party. Failure or delay to exercise any rights or
remedies provided herein or by law or in equity, or the acceptance of, or payment for, any services
hereunder, will not release the other party of any of the warranties or other obligations of the
Agreement and will not be deemed a waiver of any such rights or remedies.
S.25 INDEMNIFICATION/LIABILITY.
a. To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold the
City, its officers, agents, and employees, harmless from and against any and all liabilities,
demands, claims, suits, losses, damages, causes of action, fines or judgments, including costs,
attorneys’, witnesses’, and expert witnesses’ fees, and expenses incident thereto, relating to,
arising out of, or resulting from: (i) the services provided by Contractor personnel under this
Agreement; (ii) any negligent acts, errors, mistakes or omissions by Contractor or Contractor
personnel; and (iii) Contractor or Contractor personnel’s failure to comply with or fulfill the
obligations established by this Agreement.
b. Contractor will update the City during the course of the litigation to timely notify the City of any
issues that may involve the independent negligence of the City that is not covered by this
indemnification.
c. The City assumes no liability for actions of Contractor and will not indemnify or hold Contractor
or any third party harmless for claims based on this Agreement or use of Contractor-provided
supplies or services.
S.26 WARRANTY. Contractor warrants that the services and materials will conform to the requirements
of the Agreement. Additionally, Contractor warrants that all services will be performed in a good,
workman-like and professional manner. The City’s acceptance of service or materials provided by
Contractor will not relieve Contractor from its obligations under this warranty. If any materials or
TERMS AND CONDITIONS
Parking Management Solution 14 RFP #20-19
services are of a substandard or unsatisfactory manner as determined by the City, Contractor, at
no additional charge to the City, will provide materials or redo such services until in accordance
with this Agreement and to the City’s reasonable satisfaction.
Unless otherwise agreed, Contractor warrants that materials will be new, unused, of most current
manufacture and not discontinued, will be free of defects in materials and workmanship, will be
provided in accordance with manufacturer's standard warranty for at least one (1) year unless
otherwise specified, and will perform in accordance with manufacturer's published specifications.
S.27 THE CITY’S RIGHT TO RECOVER AGAINST THIRD PARTIES. Contractor will do nothing to
prejudice the City’s right to recover against third parties for any loss, destruction, or damage to City
property, and will at the City’s request and expense, furnish to the City reasonable assistance and
cooperation, including assistance in the prosecution or defense of suit and the execution of
instruments of assignment in favor of the City in obtaining recovery.
S.28 NO GUARANTEE OF WORK. Contractor acknowledges and agrees that it is not entitled to deliver
any specific amount of materials or services or any materials or services at all under this Agreement
and acknowledges and agrees that the materials or services will be requested by the City on an as
needed basis at the sole discretion of the City. Any document referencing quantities or
performance frequencies represent the City's best estimate of current requirements, but will not
bind the City to purchase, accept, or pay for materials or services which exceed its actual needs.
S.29 OWNERSHIP. All deliverables, services, and information provided by Contractor or the City
pursuant to this Agreement (whether electronically or manually generated) including without
limitation, reports, test plans, and survey results, graphics, and technical tables, originally prepared
in the performance of this Agreement, are the property of the City and will not be used or released
by Contractor or any other person except with prior written permission by the City.
S.30 USE OF NAME. Contractor will not use the name of the City of Clearwater in any advertising or
publicity without obtaining the prior written consent of the City.
S.31 PROHIBITED ACTS. Pursuant to Florida Constitution Article II Section 8, a current or former public
officer or employee within the last two (2) years shall not represent another organization before the
City on any matter for which the officer or employee was directly concerned and personally
participated in during their service or employment or over which they had a substantial or material
administrative discretion.
S.32 FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB destination
freight prepaid and allowed unless otherwise agreed.
S.33 RISK OF LOSS. Contractor agrees to bear all risks of loss, injury, or destruction of goods or
equipment incidental to providing these services and such loss, injury, or destruction will not release
Contractor from any obligation hereunder.
S.34 SAFEGUARDING CITY PROPERTY. Contractor will be responsible for any damage to City real
property or damage or loss of City personal property when such property is the responsibility of or
in the custody of Contractor or its employees.
S.35 WARRANTY OF RIGHTS. Contractor warrants it has title to, or the right to allow the City to use,
the materials and services being provided and that the City may use same without suit, trouble or
hindrance from Contractor or third parties.
S.36 PROPRIETARY RIGHTS INDEMNIFICATION. Without limiting the foregoing, Contractor will
without limitation, at its expense defend the City against all claims asserted by any person that
anything provided by Contractor infringes a patent, copyright, trade secret or other intellectual
property right and must, without limitation, pay the costs, damages and attorneys' fees awarded
against the City in any such action, or pay any settlement of such action or claim. Each party agrees
to notify the other promptly of any matters to which this provision may apply and to cooperate with
each other in connection with such defense or settlement. If a preliminary or final judgment is
obtained against the City’s use or operation of the items provided by Contractor hereunder or any
part thereof by reason of any alleged infringement, Contractor will, at its expense and without
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Parking Management Solution 15 RFP #20-19
limitation, either: (a) modify the item so that it becomes non-infringing; (b) procure for the City the
right to continue to use the item; (c) substitute for the infringing item other item(s) having at least
equivalent capability; or (d) refund to the City an amount equal to the price paid, less reasonable
usage, from the time of installation acceptance through cessation of use, which amount will be
calculated on a useful life not less than five (5) years, plus any additional costs the City may incur
to acquire substitute supplies or services.
S.37 CONTRACT ADMINISTRATION. The contract will be administered by the Purchasing Department
and/or an authorized representative from the using department. All questions regarding the
contract will be referred to the Purchasing Department for resolution. Supplements may be written
to the contract for the addition or deletion of services.
S.38 FORCE MAJEURE. Failure by either party to perform its duties and obligations will be excused by
unforeseeable circumstances beyond its reasonable control, including acts of nature, acts of the
public enemy, riots, fire, explosion, legislation, and governmental regulation. The party whose
performance is so affected will within five (5) calendar days of the unforeseeable circumstance
notify the other party of all pertinent facts and identify the force majeure event. The party whose
performance is so affected must also take all reasonable steps, promptly and diligently, to prevent
such causes if it is feasible to do so, or to minimize or eliminate the effect thereof. The delivery or
performance date will be extended for a period equal to the time lost by reason of delay, plus such
additional time as may be reasonably necessary to overcome the effect of the delay, provided
however, under no circumstances will delays caused by a force majeure extend beyond one
hundred-twenty (120) calendar days from the scheduled delivery or completion date of a task
unless agreed upon by the parties.
S.39 COOPERATIVE USE OF CONTRACT. The City has entered into various cooperative purchasing
agreements with other Florida government agencies, including the Tampa Bay Area Purchasing
Cooperative. Under a Cooperative Purchasing Agreement, any contract may be extended for use
by other municipalities, school districts and government agencies with the approval of Contractor.
Any such usage by other entities must be in accordance with the statutes, codes, ordinances,
charter and/or procurement rules and regulations of the respective government agency.
Orders placed by other agencies and payment thereof will be the sole responsibility of that agency.
The City is not responsible for any disputes arising out of transactions made by others.
S.40 FUEL CHARGES AND PRICE INCREASES. No fuel surcharges will be accepted. No price
increases will be accepted without proper request by Contractor and response by the City’s
Purchasing Division.
S.41 NOTICES. All notices to be given pursuant to this Agreement must be delivered to the parties at
their respective addresses. Notices may be (i) personally delivered; (ii) sent via certified or
registered mail, postage prepaid; (iii) sent via overnight courier; or (iv) sent via facsimile. If provided
by personal delivery, receipt will be deemed effective upon delivery. If sent via certified or
registered mail, receipt will be deemed effective three (3) calendar days after being deposited in
the United States mail. If sent via overnight courier or facsimile, receipt will be deemed effective
two (2) calendar days after the sending thereof.
S.42 GOVERNING LAW, VENUE. This Agreement is governed by the laws of the State of Florida. The
exclusive venue selected for any proceeding or suit in law or equity arising from or incident to this
Agreement will be Pinellas County, Florida.
S.43 INTEGRATION CLAUSE. This Agreement, including all attachments and exhibits hereto,
supersede all prior oral or written agreements, if any, between the parties and constitutes the entire
agreement between the parties with respect to the work to be performed.
S.44 PROVISIONS REQUIRED BY LAW. Any provision required by law to be in this Agreement is a
part of this Agreement as if fully stated in it.
S.45 SEVERABILITY. If any provision of this Agreement is declared void or unenforceable, such
provision will be severed from this Agreement, which will otherwise remain in full force and effect.
The parties will negotiate diligently in good faith for such amendment(s) of this Agreement as may
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Parking Management Solution 16 RFP #20-19
be necessary to achieve the original intent of this Agreement, notwithstanding such invalidity or
unenforceability.
S.46 SURVIVING PROVISIONS. Notwithstanding any completion, termination, or other expiration of
this Agreement, all provisions which, by the terms of reasonable interpretation thereof, set forth
rights and obligations that extend beyond completion, termination, or other expiration of this
Agreement, will survive and remain in full force and effect. Except as specifically provided in this
Agreement, completion, termination, or other expiration of this Agreement will not release any party
from any liability or obligation arising prior to the date of termination.
DETAILED SPECIFICATIONS
Parking Management Solution 17 RFP #20-19
1. INTRODUCTION. The City of Clearwater (City) is located on the West Coast of Florida in the
Tampa Bay region. It is the third largest city in the region with an estimated population of 110,000
residents. The City of Clearwater is also a major tourist destination – Clearwater Beach has been
rated #1 U.S. Beach by TripAdvisor, “Florida’s Best Beach Town 2013” by USA Today, and was
on the “Top Ten List of Best Beaches from Maine to Hawaii”. The City of Clearwater is home to
the Philadelphia Phillies Spring Training and Clearwater Threshers Minor League Baseball, as well
as hosting several sports tournaments through the year that attract visitors from across the country.
Clearwater is home for Winter the Dolphin and the Clearwater Marine Aquarium. Winter’s story
made it all the way to Hollywood in the motion pictures “Dolphin Tale” and “Dolphin Tale 2”, both
filmed here in Clearwater.
2. PROJECT GOAL. It is the City of Clearwater’s intent to replace or enhance the existing citation
management process with a new state-of-the-art enforcement, citation, permit, and customer
relationship management solution that is capable of data analytics through consolidation of multiple
data sources; and the provision of citation processing services.
3. BACKGROUND. The City of Clearwater’s (City) Parking Department operates approximately 3,500
on- and off-street public parking spaces within city limits. Detailed information on all public parking
spaces, including maps (interactive and GIS), rates, and hours of enforcement can be viewed at:
https://www.myclearwater.com/visitors/parking.
The City utilizes a combination of Cale pay stations, single space Guardian MacKay meters, and
single space IPS meters. Efforts are underway to eliminate single space meters within the next 12
months, to implement and integrate digital/virtual permits, converting all hourly transactions to pay-
by-plate via pay station or pay-by-phone, and add the use of license plate recognition (LPR)
capabilities for enforcement; all to improve data analytics and systemwide management. The City
connects to the Florida Department of Highway Safety and Motor Vehicles (DHSMV) via fixed IP
through the current provider’s network, with an IP address for all equipment needing access.
Integration with Tyler Munis, the City’s financial software, via flat file export/import is required.
Existing equipment and services include:
• Mobile Payment System – ParkMobile (contract expires February 2020)
• Enforcement and Citations – DataTicket (monthly extension up to six [6] months)
• Nine (9) Verizon Samsung Galaxy S8+ handhelds (leased from DataTicket)
• Nine (9) 3” (three inch) TSC (alpha-3R) Bluetooth printers (leased from DataTicket)
• Nine (9) Otterbox cases (leased from DataTicket)
• 65 Cale Pay Stations (owned by City)
• 1,300 Single Space Guardian MacKay Meters (owned by City)
• 83 IPS Single Space Meters (owned by City)
The City’s Parking Enforcement Division employs nine (9.0) full-time equivalent positions – seven
(7) state certified parking enforcement specialists, one (1) parking assistant, and one (1) parking
enforcement supervisor. This division oversees the parking system seven (7) days per week, 52
weeks per year, with the exception of six (6) official City holidays. Over the past Fiscal Year 17/18,
approximately 30,000 citations were issued with $748,700 ticket fines revenue collected. Parking
fines are covered in City Ordinances, Chapter 30 “Traffic and Motor Vehicles”, Article II. Stopping,
Standing and Parking; Sections 30.060 and 30.061, available for review at www.myclearwater.com.
The current provider DataTicket issues up to four (4) notices for unpaid citations and utilizes the
State of Florida’s Department of Highway Safety and Motor Vehicles (DHSMV) “registration hold”
program for three (3) or more unpaid citations or one (1) Handicap citation. The Pinellas County
Circuit Court and the City of Clearwater Customer Service handle all citation disputes. It is the
responsibility of the awarded vendor to communicate the coordination, scheduling, and follow-up
for all court dates. In Fiscal Year 17/18 there were a total of 113 disputes. All monies collected
will be required to be direct deposit into a City account.
DETAILED SPECIFICATIONS
Parking Management Solution 18 RFP #20-19
4. SCOPE OF SERVICES.
Enforcement, Citations, Permits - Parking System Management Solution
The successful respondent will provide comprehensive and innovative equipment and a software
solution that satisfies the City’s need for an integrated first-class parking management system. The
proposed hardware and software must demonstrate flexibility to easily accept upgrades as the
system evolves.
The system must include back-office database, cloud-based storage, handheld ticketing devices,
citation printers, and handheld personal computers as necessary, including the necessary technical
support for same. The system must include robust analytical capability and dashboarding to
facilitate management decision making. Extraction, analysis, and presentation of data must be
easy and dynamic, and the ability to customize with integrated data from other systems is a
necessity.
Parking Citation Processing
The successful respondent’s solution will include the capability, support, and equipment to enable
citation processing, inclusive of late payment notifications and fees. Customer service will be
provided by the City, from internal City offices and via the City’s website. Proposals must be for a
fully tested and functioning solution that includes all hardware, software, database management,
communication networks, reports, forms, notices, hand-held ticket issuance with real time features,
real time support services, and compatibility with the City’s network. Provider shall have staff with
required expertise to support citation processing, ongoing operation, maintenance, and process
enhancements. Strict control of the privacy, integrity, and safety of all data stored or processed
must be demonstrated.
Exhibit A – Solution Requirements must be completed and submitted in Tab 3 of respondent’s
proposal.
Parking Citation Collection Services
This is a low-scored element of the overall Scope of Services (10 points). The City is interested in
options for citation collection services as an extension of the parking management solution.
Respondents with an established solution or partnership for collection services should provide a
detailed explanation of the option(s) available, not limited to support services, hardware
requirements, database management, reporting, forms, integration with the parking management
solution, 3rd party provider(s), references, accreditation, and working agreements with other states’
and Canada’s Bureau of Motor Vehicles to facilitate the identify of violators’ registration data.
5. INSURANCE REQUIREMENTS. The Vendor shall, at its own cost and expense, acquire and
maintain (and cause any subcontractors, representatives or agents to acquire and maintain) during
the term with the City, sufficient insurance to adequately protect the respective interest of the
parties. Coverage shall be obtained with a carrier having an AM Best Rating of A-VII or better. In
addition, the City has the right to review the Contractor’s deductible or self-insured retention and to
require that it be reduced or eliminated.
Specifically the Vendor must carry the following minimum types and amounts of insurance on an
occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then
coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the
termination or expiration of this Agreement:
a. Commercial General Liability Insurance coverage, including but not limited to, premises
operations, products/completed operations, products liability, contractual liability, advertising
injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one
million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate.
DETAILED SPECIFICATIONS
Parking Management Solution 19 RFP #20-19
b. Commercial Automobile Liability Insurance coverage for any owned, non-owned, hired or
borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars)
combined single limit.
c. Professional Liability/Malpractice/Errors or Omissions Insurance coverage appropriate
for the type of business engaged in by the Respondent with minimum limits of $2,000,000 (two
million dollars) per occurrence. If a claims made form of coverage is provided, the retroactive
date of coverage shall be no later than the inception date of claims made coverage, unless the
prior policy was extended indefinitely to cover prior acts. Coverage shall be extended beyond
the policy year either by a supplemental extended reporting period (SERP) of as great a
duration as available, and with no less coverage and with reinstated aggregate limits, or by
requiring that any new policy provide a retroactive date no later than the inception date of claims
made coverage.
d. Cyber Liability coverage in an adequate amount to meet or exceed the requirements,
including notification and monitoring, under Florida Statute 501.171.
e. Crime and Employee Dishonesty third-party fidelity coverage is required to cover the acts of
an employee against an employer’s clients; using ISO form CR 00 01 Employee Dishonestly
Coverage Form or its equivalent, and shall include ISO endorsement CR 04 01 Clients’
Property or its equivalent, and ISO endorsement CR 20 14 Loss Payable or its equivalent.
f. Unless waived by the State of Florida and proof of waiver is provided to the City, statutory
Workers’ Compensation Insurance coverage in accordance with the laws of the State of
Florida, and Employer’s Liability Insurance in the minimum amount of $500,000 (five
hundred thousand dollars) each employee each accident, $500,000 (five hundred thousand
dollars) each employee by disease, and $500,000 (five hundred thousand dollars) disease
policy limit. Coverage should include Voluntary Compensation, Jones Act, and U.S.
Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be
applicable to employees, contractors, subcontractors, and volunteers, if any.
The above insurance limits may be achieved by a combination of primary and
umbrella/excess liability policies.
Other Insurance Provisions.
a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the
insurance policy’s renewal date(s) for as long as this Agreement remains in effect, the Vendor
will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD certificate,
SIGNED by the Issuer, and with applicable endorsements) evidencing all of the coverage set
forth above and naming the City as an “Additional Insured” on the Commercial General Liability
Insurance and the Commercial Automobile Liability Insurance. In addition, when requested in
writing from the City, Vendor will provide the City with certified copies of all applicable policies.
The address where such certificates and certified policies shall be sent or delivered is as
follows:
City of Clearwater
Attn: Purchasing Department, RFP #20-19
P.O. Box 4748
Clearwater, FL 33758-4748
b. Vendor shall provide thirty (30) days written notice of any cancellation, non-renewal,
termination, material change or reduction in coverage.
DETAILED SPECIFICATIONS
Parking Management Solution 20 RFP #20-19
c. Vendor’s insurance as outlined above shall be primary and non-contributory coverage for
Vendor’s negligence.
d. Vendor reserves the right to appoint legal counsel to provide for the Vendor’s defense, for any
and all claims that may arise related to Agreement, work performed under this Agreement, or
to Vendor’s design, equipment, or service. Vendor agrees that the City shall not be liable to
reimburse Vendor for any legal fees or costs as a result of Vendor providing its defense as
contemplated herein.
The stipulated limits of coverage above shall not be construed as a limitation of any potential
liability to the City, and City’s failure to request evidence of this insurance shall not be construed
as a waiver of Vendor’s (or any contractors’, subcontractors’, representatives’ or agents’) obligation
to provide the insurance coverage specified.
MILESTONES
Parking Management Solution 21 RFP #20-19
1. ANTICIPATED BEGINNING AND END DATE OF INITIAL TERM. October 1, 2019 through
September 30, 2022.
If the commencement of performance is delayed because the City does not execute the contract
on the start date, the City may adjust the start date, end date and milestones to reflect the delayed
execution.
2. EXTENSION. The City reserves the right to extend the term of this contract, provided however,
that the City shall give written notice of its intentions to extend this contract no later than thirty (30)
days prior to the expiration date of the contract.
3. RENEWAL. At the end of the initial term of this contract, the City may initiate renewal(s) as
provided herein. The decision to renew a contract rests solely with the City. The City will give
written notice of its intention to renew the contract no later than thirty (30) days prior to the
expiration.
Three (3), two (2) year renewals are possible at the City’s option.
4. PRICES. All pricing shall be firm for the initial term of three (3) years except where otherwise
provided by the specifications, and include all transportation, insurance and warranty costs. The
City shall not be invoiced at prices higher than those stated in any contract resulting from this
proposal.
a. The Contractor certifies that the prices offered are no higher than the lowest price the
Contractor charges other buyers for similar quantities under similar conditions. The
Contractor further agrees that any reductions in the price of the goods or services covered
by this proposal and occurring after award will apply to the undelivered balance. The
Contractor shall promptly notify the City of such price reductions.
b. During the sixty (60) day period prior to the renewal anniversary of the contract effective
date, the Contractor may submit a written request that the City increase the prices in an
amount for no more than the twelve month change in the Consumer Price Index for All Urban Consumers (CPI-U), US City Average, All Items, Not Seasonally Adjusted as
published by the U.S. Department of Labor, Bureau of Labor Statistics
(http://www.bls.gov/cpi/home.htm). The City shall review the request for adjustment and
respond in writing; such response and approval shall not be unreasonably withheld.
c. At the end of the initial term, pricing may be adjusted for amounts other than inflation based
on mutual agreement of the parties after review of appropriate documentation. Renewal
prices shall be firm for each renewal term.
d. No fuel surcharges will be accepted.
RESPONSE ELEMENTS
Parking Management Solution 22 RFP #20-19
1. PROPOSAL SUBMISSION - Submit one (1) signed original proposal, six (6) copies of the proposal,
and one (1) electronic format copy on a disc or thumb drive, in a sealed container/envelope.
2. PROPOSAL FORMAT (the following should be included and referenced with index tabs)
Table of Contents: Identify contents by tab and page number
TAB 1 - Letter of Transmittal. A letter of transmittal, signed by an authorized principal or agent of
the Respondent, which provides an overview of the proposal affirming the ability to perform the
Scope of Services stated herein, as well as the name, title, email address, and phone number
of the person to whom the City may direct questions concerning the proposal. Include a
statement by the signatory indicating their ability to bind the company.
TAB 2 – Project Understanding, Qualifications, Experience, and References.
Provide the following information:
A. A detailed assessment of the proposer’s understanding of the Scope of Services and
abilities to meet and satisfy the stated requirements.
B. A detailed overview of the proposer’s staff qualifications and available resources
necessary to complete a successful project. Resumes of key staff should be included.
C. An overview of the proposer’s experience (minimum of three [3] projects within the past
five [5] years) and References (for each project noted) with other entities for whom you
have provided similar services. For each reference include contact name, phone number,
email address, mailing address, and dates services were provided.
TAB 3 – Technical Specifications/Requirements. Complete Exhibit A in full; incomplete forms
will result in a proposal being deemed non-responsive. Response information must be detailed in
order to explain the proposer’s ability to provide the goods and services detailed herein; and all
exceptions or alternatives must be clearly identified with explanation to include the ramification or
advantage of such exception or alternative.
TAB 4 – Project Method, Approach, Implementation Plan & Timeline, and Management Plan.
A. Fully describe the project method and approach for development of the parking
management solution described herein, not limited to conversion process, training, cash
management, staffing recommendations, and customer service.
B. Provide an implementation plan of the parking management solution including timeline for
development, testing, and implementation.
C. Fully describe the company’s quality assurance/management approach for this project,
not limited to escalation of issues, financial resources, and solution testing.
TAB 5 – Warranty, Training, Maintenance Agreement, and Technical Support. Fully describe
these critical elements of the parking management solution, how they are supported, and
include explanation of any “level” options associated with each.
TAB 6 – Parking Management Solution Costs. The cost portion of the proposal must include all
costs associated with provision of the Parking Management Solution. Costs must be itemized
by service type and/or phase of the project and ongoing support.
TAB 7 – Citation Collection Services. The City is interested in options for citation collection
services as an extension of the parking management solution. Proposers with an established
solution or partnership for collection services should provide a detailed explanation, including
3rd party provider(s), references, accreditation, and working agreements with other states’ and
Canada’s Bureau of Motor Vehicles to facilitate the identify of violators’ registration data.
TAB 8 – Other Forms. The following forms should be completed and signed:
1. Exceptions/Additional Materials/Addenda form
2. Vendor Information form
3. Vendor Certification of Proposal form
4. Scrutinized Companies form(s) as required
5. Include a current W-9 form (http://www.irs.gov/pub/irs-pdf/fw9.pdf)
EXCEPTIONS / ADDITIONAL MATERIAL / ADDENDA
Parking Management Solution 23 RFP #20-19
Proposers shall indicate any and all exceptions taken to the provisions or specifications in this solicitation
document. Exceptions that surface elsewhere and that do not also appear under this section shall be
considered invalid and void and of no contractual significance.
Exceptions (mark one):
**Special Note – Any material exceptions taken to the City’s Terms and Conditions may render a
Proposal non-responsive.
No exceptions
Exceptions taken (describe--attach additional pages if needed)
Additional Materials submitted (mark one):
No additional materials have been included with this proposal
Additional Materials attached (describe--attach additional pages if needed)
Acknowledgement of addenda issued for this solicitation:
Prior to submitting a response to this solicitation, it is the vendor’s responsibility to confirm if any addenda
have been issued.
Addenda Number Initial to acknowledge receipt
Vendor Name Date:
VENDOR INFORMATION
Parking Management Solution 24 RFP #20-19
Company Legal/Corporate Name:
Doing Business As (if different than above):
Address:
City: State: Zip: -
Phone: Fax:
E-Mail Address: Website:
DUNS #
Remit to Address (if different than above): Order from Address (if different from above):
Address: Address:
City: State: Zip: City: State: Zip:
Contact for Questions about this proposal:
Name: Fax:
Phone: E-Mail Address:
Day-to-Day Project Contact (if awarded):
Name: Fax:
Phone: E-Mail Address:
Certified Small Business
Certifying Agency:
Certified Minority, Woman or Disadvantaged Business Enterprise
Certifying Agency:
VENDOR CERTIFICATION OF PROPOSAL
Parking Management Solution 25 RFP #20-19
By signing and submitting this Proposal, the Vendor certifies that:
a) It is under no legal prohibition to contract with the City of Clearwater.
b) It has read, understands, and is in compliance with the specifications, terms and conditions stated herein, as
well as its attachments, and any referenced documents.
c) It has no known, undisclosed conflicts of interest.
d) The prices offered were independently developed without consultation or collusion with any of the other
respondents or potential respondents or any other anti-competitive practices.
e) No offer of gifts, payments or other consideration were made to any City employee, officer, elected official, or
consultant who has or may have had a role in the procurement process for the services and or goods/materials
covered by this contract.
f) It understands the City of Clearwater may copy all parts of this response, including without limitation any
documents and/or materials copyrighted by the respondent, for internal use in evaluating respondent’s offer,
or in response to a public records request under Florida’s public records law (F.S. 119) or other applicable
law, subpoena, or other judicial process.
g) Respondent hereby warrants to the City that the respondent and each of its subcontractors (“Subcontractors”)
will comply with, and are contractually obligated to comply with, all Federal Immigration laws and regulations
that relate to their employees.
h) Respondent certifies that they are not in violation of section 6(j) of the Federal Export Administration Act and
not debarred by any Federal or public agency.
i) It will provide the materials or services specified in compliance with all Federal, State, and Local Statutes and
Rules if awarded by the City.
j) It is current in all obligations due to the City.
k) It will accept such terms and conditions in a resulting contract if awarded by the City.
l) The signatory is an officer or duly authorized agent of the respondent with full power and authority to submit
binding offers for the goods or services as specified herein.
ACCEPTED AND AGREED TO:
Company Name:
Signature:
Printed Name:
Title:
Date:
SCRUTINIZED COMPANIES FORMS
Parking Management Solution 26 RFP #20-19
SCRUTINIZED COMPANIES THAT BOYCOTT ISRAEL LIST CERTIFICATION FORM THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL
NONRESPONSIVE.
The affiant, by virtue of the signature below, certifies that:
1. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements
of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies that Boycott
Israel List, or engaged in a boycott of Israel; and
2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this
solicitation and is not listed on the Scrutinized Companies that Boycott Israel List, or engaged in a
boycott of Israel; and
3. “Boycott Israel” or “boycott of Israel” means refusing to deal, terminating business activities, or taking
other actions to limit commercial relations with Israel, or persons or entities doing business in Israel or
in Israeli-controlled territories, in a discriminatory manner. A statement by a company that it is
participating in a boycott of Israel, or that it has initiated a boycott in response to a request for a boycott
of Israel or in compliance with, or in furtherance of, calls for a boycott of Israel, may be considered as
evidence that a company is participating in a boycott of Israel; and
4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate,
or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days
after any of its principals are placed on the Scrutinized Companies that Boycott Israel List, or engaged
in a boycott of Israel.
______________________________________
Authorized Signature
______________________________________
Printed Name
______________________________________
Title
______________________________________
Name of Entity/Corporation
STATE OF _____________________
COUNTY OF ___________________
The foregoing instrument was acknowledged before me on this ______ day of _____________________,
20____, by _________________________________ (name of person whose signature is being notarized)
as the ________________________ (title) of ________________________________________ (name of
corporation/entity), personally known to me as described herein _____________________, or produced a
_________________________ (type of identification) as identification, and who did/did not take an oath.
__________________________________________
Notary Public
__________________________________________
Printed Name
My Commission Expires: __________________
NOTARY SEAL ABOVE
MAILING LABEL
CUT ALONG THE LINE AND AFFIX TO THE FRONT OF YOUR BID CONTAINER
Parking Management Solution 27 RFP #20-19
--------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------
SEALED PROPOSAL
Submitted by:
Company Name:
Address:
City, State, Zip:
RFP #20-19, Parking Management Solution
Due Date: July 23, 2019, at 10:00 A.M.
City of Clearwater
Attn: Purchasing
PO Box 4748
Clearwater FL 33758-4748
--------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------
---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------
SEALED PROPOSAL
Submitted by:
Company Name:
Address:
City, State, Zip:
RFP #20-19, Parking Management Solution
Due Date: July 23, 2019, at 10:00 A.M.
City of Clearwater
Attn: Purchasing
100 S Myrtle Ave 3rd Fl
Clearwater FL 33756-5520
---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------
United Public Safety, Inc. 321 Morris Road, Fort Washington, PA, 19034
SaaS Terms and Conditions
These United Public Safety Terms and Conditions are related to and deemed incorporated into the CONTRACT aforementioned
between United Public Safety, Inc., a Pennsylvania corporation having a principal place of business in 321 Morris Road, Fort
Washington, Pennsylvania (“UPsafety”), and the Client (the “Client”). Client’s execution of a CONTRACT referencing these Terms and
Conditions shall be deemed Client’s agreement to these Terms and Conditions. In the event of any conflict between the terms of the
CONTRACT and these Terms and Conditions, the CONTRACT shall control with respect to such conflicting terms.
1.Definitions
For purposes of these Terms and Conditions, the terms below shall have the meanings defined below. Additional terms are
defined in the preamble above and throughout these Terms and Conditions.
1.1.“Client Content” means any data, databases, information, trademarks, service marks, logos, files, images, text, files,
records or other content that may be provided by or on behalf of Client or its authorized users for use in conjunction
with the Software or Services.
1.2.“SaaS Term” means the period during which the Services and access to the Software will be provided by UPsafety to
Client as defined in the CONTRACT.
1.3.“Services” means the hosting, maintenance, support and other services provided by UPsafety pursuant to these Terms
and Conditions.
1.4.“Software” means the software specified in the CONTRACT, with “Management Platform” referring to the internet
accessible management portal, and “Mobile” referring to the Android based data collection software.
1.5.“UPsafety Content” means any information, documentation or other materials provided to Client by UPsafety relating
to the Software, including, without limitation, the User Documentation.
1.6.“User Documentation” means the UPsafety user documentation relating to the Software.
1.7.“CONTRACT” means the agreement accepting the costs and terms of the products and services sold to Client by
UPsafety.
1.8.“Web Sites” means the web sites of UPsafety, including the web sites that provide access to the Software.
2.Web-Based License
UPsafety grants to Client, and Client accepts, a nontransferable, nonexclusive license and right to access the Management
Software via the Internet, and to the Mobile Software through Android devices on which UPsafety has installed their software
at the client’s behest. Client agrees to the use of this Software and the User Documentation only as authorized in these Terms
and Conditions, for its own internal purpose and operations, during the SaaS Term. Client acknowledges that its access to and
use of the back end management Software will be web-based only. This Software will not be provided to Client in CD-ROM or
DVD form (or any other form of media) and will not be installed on any servers or other computer equipment owned or
otherwise controlled by Client. Instead, the Management Software will be hosted by UPsafety (as described in Section 3) and
accessed and used by Client through the use of the Internet and Client’s computers, while Mobile Software will be installed on
Client Android devices exclusively by UPsafety.
United Public Safety, Inc. 321 Morris Road, Fort Washington, PA, 19034
3.Accessibility
UPsafety will provide Client access to the latest supported version of the Management Platform Software via the Internet,
from the Microsoft Azure hosting facility leased by UPsafety on a 24x7 basis, except for scheduled and emergency
maintenance as set forth in Section 9, Mobile Software, which may be installed on Client’s android devices, will also be
accessible 24x7, but may lack connectivity to the Management Platform during maintenance periods, or in the absence of
wireless connectivity.
4.Limitations
The maximum number of Client’s employees, Contractors, volunteers, and other agents that are simultaneously accessing or
using the Software at any given time shall not exceed the number of users specified in the CONTRACT. Client’s use of the
Software may not exceed the scope of the use provisions above without the express written agreement of UPsafety.
5.Permitted Uses
Consistent with and subject to UPsafety’s database permissions and limitations, users shall be permitted access to the
UPsafety CityCite® products for the following uses (but only such uses) as described below:
By users as permitted and authorized by Client within the terms and features of the CONTRACT:
(i) Issuance & Management of Citations, Tickets & Permits
(ii) Customization & Management of Settings, Rules, Reporting and User Permissions
(iii) Customization & Management of Public Citation Management Portal
The permitted uses described herein shall only be permitted during the Saas Term. Client agrees that upon expiration or
termination of the Saas Term, all rights granted to Client shall immediately terminate and revert to UPsafety, and Client shall
destroy the UPsafety Content and any and all copies thereof, in any form, and shall erase from all computer, electronic, or
other storage device or otherwise destroy all images and copies of the UPsafety Content, and shall provide certification as to
the same.
6.Hyperlinks
UPsafety’s web sites may contain hyperlinks to other web sites which are not maintained by, or related to, UPsafety.
Hyperlinks to such web sites are provided as a service to users and are not sponsored by or affiliated with the Web Site(s) or
UPsafety. UPsafety does not continuously monitor or review any or all of such web sites and is not responsible for the content
of those web sites. Hyperlinks are to be accessed at the user’s own risk, and UPsafety makes no representations or warranties
about the content, completeness or accuracy of these hyperlinks or the web sites hyperlinked to the Web Sites. UPsafety
provides hyperlinks as a convenience, and the inclusion of any hyperlinks to a third party web site does not necessarily imply
endorsement by UPsafety of that web site or any association with its operators. UPsafety has no liability for any damage or
loss that Client or its users may suffer as a result of the use of any third-party web sites.
7.Additional Storage Fees
UPsafety shall provide a default maximum storage space of 250 GB, which includes the backup and retention thereof, to the
Client within the hosted environment. Any additional data usage beyond the initial 250 GB will be billed in accordance with the
real increased cost levied by Microsoft, as specified in the CONTRACT.
United Public Safety, Inc. 321 Morris Road, Fort Washington, PA, 19034
8.Maintenance Window
UPsafety and/or its hosting or telecommunications vendor(s) may perform system maintenance within the following
“Maintenance Windows” during which time access to the Software, Services and Client Data may be temporarily unavailable:
(i)“Security Maintenance/Upgrade Window” – Nightly between 12 a.m. and 6 a.m. U.S. Eastern Time for application of
periodically distributed security/software updates as provided by operating system, network, and firewall vendors,
or UPsafety.
(ii)“Emergency Maintenance Window” – In the event there is an unforeseen issue that causes the Software or the
Services to be unavailable or the performance of the Software or the Services to be materially inhibited, in which
case the Software or Services may be temporarily unavailable while UPsafety and its vendors work to resolve the
issue.
Client understands and agrees that there may be instances when UPsafety needs to interrupt access to the Software without
notice in order to protect the integrity of the Software or Services due to security issues, virus attacks, spam issues or other
unforeseen circumstances.
9.Availability
9.1Commitment Level. UPsafety will provide “availability” to the Software during the SaaS Term, calculated and defined within
CONTRACT. Any Maintenance Window shall not be included as downtime for purposes of determining availability.
9.2System Monitoring. UPsafety will monitor performance indicators on the systems and network infrastructure (its own and
that of third party suppliers) in order to gauge the overall performance of its hosting services, and will take reasonable steps
to address systems and network infrastructure as required to maintain application performance. UPsafety will use an
internal system to measure whether the Software is available, and Client agrees that this system will be the sole basis for
resolution of any dispute that may arise between Client and UPsafety regarding these Terms and Conditions. UPsafety will
not systematically monitor Client Content, but UPsafety reserves the right to review Client Content from time to time in its
discretion. UPsafety reserves the right to (a) disable access to or delete any Client Content which it determines in its sole
discretion (such discretion to be exercised in good faith) to be illegal, obscene, threatening, defamatory, fraudulent,
infringing, harassing, or otherwise offensive, and (b) disable access to or delete any other Client Content under justified
exigent circumstances, as such circumstances are determined in good faith by UPsafety. UPsafety also reserves the right to
monitor, restrict, and terminate Client’s ability to build, run and obtain reports and batch jobs/processes through the use of
the Software or Services if Client is using excessive computing resources which are impacting the performance of the
Software and Services for other subscribers. UPsafety agrees to notify Client in cases where it restricts or terminates such
reports or jobs/processes and use good faith efforts to determine an appropriate alternative or work-around solution.
10.Upgrades
UPsafety will install upgrades/releases of the Software which are generally made available to its other subscribers, including
patches and/or fixes, as they are made available, at no charge during the SaaS Term.
United Public Safety, Inc. 321 Morris Road, Fort Washington, PA, 19034
11.Client Responsibilities
Client will retain responsibility for administering security within the UPsafety applications (e.g., the granting of rights to a user for
a specific form in the application), including maintaining the secrecy of all usernames and passwords. Client shall be responsible
for all actions taken using the usernames and passwords provided to Client. Client is responsible for maintaining its user
desktops and other devices and providing users network and internet access to the Software. Client is also responsible for
ensuring that its users comply with these Terms and Conditions with respect to use of the Software and Services. Client shall
provide secure connectivity to the Internet for its location(s) for purposes of providing adequate access to Software hosted at the
Hosting Site. UPsafety shall not be responsible for the reliability or continued availability of the communications lines, or the
corresponding security configurations, used by Client in accessing the Software via the Internet. Client shall provide adequate
industry “best practice” standards to ensure reasonable security for integration between applications at the Client site and
Software hosted by UPsafety. Client shall provide accurate input information in the manner reasonably prescribed by UPsafety in
connection with the Software and Services provided under these Terms and Conditions. Client shall advise UPsafety of any
changes to Client’s operations, banking relationships, Primary Contact, or other information that would require a change in the
support, operation, or configuration of the hosted Software. Client shall configure necessary user accounts via the administrator
account provided by UPsafety. Client shall be responsible for ensuring that any Client Content is accurate, not corrupt in any way,
and does not contain any viruses.
12.Intellectual Property Rights
Client agrees that the Software, User Documentation and Services are proprietary products and services and that all right, title
and interest in and to the Software, User Documentation and Services, including all associated intellectual property and other
proprietary rights, are and shall at all times remain with UPsafety and its third party licensors. The Software contains trade secret
and proprietary information owned by UPsafety or its third party licensors and is protected by United States copyright laws and
international trade provisions and other applicable law. Client must treat the Software like any other copyrighted material and
Client may not copy or distribute the Software or the User Documentation, electronically or otherwise, for any purpose. Client
hereby grants to UPsafety a nonexclusive right to use all Client Content for the purposes of providing the Software and Services
to Client and its authorized users pursuant to these Terms and Conditions. Client represents and warrants that the Client Content
does not infringe or violate the intellectual property, proprietary or personal rights of any third party and Client has the right to
grant UPsafety the right to use the Client Content as set forth herein.
13.Other Restrictions
Use of the Software and Services is restricted to use by the specific licensing entity only, and only for Client’s internal business
purposes. Client may not use the Software or Services for the benefit of any third parties or provide service bureau or other
access or use of the Software or Services to third parties. Client may not, directly or indirectly, sublicense, assign, transfer, sell,
rent, lend, lease or otherwise provide the Software, Services (or any portion thereof, including without limitation any capacity) or
the User Documentation, or any portions thereof, to any third party, and any attempt to do so is null and void and shall be
deemed a material breach of these Terms and Conditions. Client may not reverse engineer, disassemble, decompile or make any
attempt to ascertain, derive or obtain the source code for the Software. Client shall not use the Software for any commercial
purpose beyond the functionality for which the Software is intended. Client hereby agrees, represents and warrants to UPsafety
that Client will not access or use the Software or the Web Sites for any purpose that is unlawful or prohibited by these Terms and
Conditions. Client will not use the Software, Services or UPsafety ToCite, CityCite, CodeCite and ForCite Cloud product to take any
actions that (i) infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of
publicity or privacy; (ii) violate any applicable law, statute, ordinance or regulation (including those regarding export control); (iii)
are defamatory, trade libelous, threatening, harassing, or obscene; (iv) constitute unauthorized entry to any machine accessible
via the network; (v) create or build any derivative works from any information, content, software, products or services obtained
from or otherwise connected to UPsafety’s Software or Web Sites, including appending such information or content to Client’s
internal database for distribution to multiple nonprofits as a donor database product or service; or (vi) distribute, transfer or
resell the results of Client’s use of the Software, Services or Web Sites. Client shall not interfere with or disrupt network users,
services or equipment with the intent to cause an excessive or disproportionate load on UPsafety’s or its suppliers’ infrastructure
United Public Safety, Inc. 321 Morris Road, Fort Washington, PA, 19034
by means of (but not limited to) distribution of unsolicited bulk emails or chain letters, viruses, Trojan horses, worms, or other
similar harmful or deleterious programming routines. Client further agrees to cooperate with UPsafety in causing any
unauthorized use (including but not limited to co-branding, framing or hyper-linking) to immediately cease.
14.Location, Audio, Image and Video Services
Client acknowledges and consents to the automated and manual creation and/or collection of Location-Based, Audio, Image,
and/or Video Services information in the Software and/or Device through interaction between the Devices where the Software is
installed, UPsafety’s servers, and third party applications and systems. UPsafety will use commercially reasonable efforts to
ensure the accuracy of Location-Based, Audio, Image, and/or Video Services; however, UPsafety assumes no liability or
responsibility in the event of inaccuracies in such information. While UPsafety uses commercially reasonable efforts to safeguard
such information, UPsafety assumes no liability or responsibility for losses resulting from illegal or fraudulent access to Location-
Based, Audio, Image, and/or Video Services related information. UPsafety also reserves the right to make such information
available to auditors, police and other governmental agencies as permitted or required by law.
15.Software Modifications
Client shall not make any modifications to the Software. Any modifications that Client makes to the Software will void any
warranty obligations contained in these Terms and Conditions.
16.Limitation of Liability
UPSAFETY’S MAXIMUM LIABILITY FOR ANY ACTION ARISING UNDER THESE TERMS AND CONDITIONS, REGARDLESS OF THE FORM
OF ACTION AND WHETHER IN TORT, CONTRACT OR OTHER FORM OF LIABILITY, SHALL IN NO EVENT EXCEED THE FEES PAID BY
CLIENT DURING THE TWO-YEAR PERIOD PRECEDING NOTICE TO UPSAFETY OF CLIENT’S LOSS. IN NO EVENT SHALL UPSAFETY BE
LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION,
LOST DATA, LOST PROFITS, OPPORTUNITIES OR CONTRIBUTIONS, LOSS OF USE, GOOD WILL, BUSINESS INTERRUPTION, COST OF
COVER, OR OTHER PECUNIARY OR NON- PECUNIARY LOSS, HOWEVER ARISING, EVEN IF UPSAFETY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. UPSAFETY SHALL HAVE NO LIABILITY OR RESPONSIBILITY IN THE EVENT OF ANY LOSS OR
INTERRUPTION IN SOFTWARE ACCESS DUE TO CAUSES BEYOND ITS REASONABLE CONTROL OR FORESEEABILITY, SUCH AS LOSS,
INTERRUPTION OR FAILURE OF TELECOMMUNICATIONS OR DIGITAL TRANSMISSIONS AND LINKS, INTERNET SLOWDOWN OR
FAILURES. THE PARTIES AGREE TO THE ALLOCATION OF RISK SET FORTH HEREIN. BECAUSE SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT
APPLY TO CLIENT TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
17.Independent Contractor
UPSAFETY IS AN INDEPENDENT CONTRACTOR AND NOT AN AGENT OR EMPLOYEE OF CLIENT. NO AGENCY,
PARTNERSHIP, FRANCHISE, JOINT VENTURE, OR EMPLOYMENT RELATIONSHIP EXISTS BETWEEN UPSAFETY AND CLIENT. UPSAFETY’S
EMPLOYEES AND AGENTS WILL NOT BE EMPLOYEES OR AGENTS OF CLIENT. UPSAFETY SHALL BE FULLY AND SOLELY RESPONSIBLE FOR THE
SUPERVISION, CONTROL, PERFORMANCE, COMPENSATION, BENEFITS (INCLUDING, WITHOUT LIMITATION, ALL FORMS OF INSURANCE)
WITHHOLDINGS, HEALTH AND SAFETY OF ALL OF ITS EMPLOYEES AND AGENTS. CLIENT WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY
WITHHOLDING TAXES OR CONTRIBUTIONS TO STATE WORKER’S COMPENSATION, UNEMPLOYMENT OR OTHER FUNDS OR PROGRAMS.
United Public Safety, Inc. 321 Morris Road, Fort Washington, PA, 19034
18.Notices
All notices, consents and communications required hereunder shall be given in writing and delivered by electronic mail or mail,
shall be deemed to be given upon receipt thereof and shall be sent to address below:
If to UPsafety:
United Public Safety, Inc.
321 Morris Road
Fort Washington, PA, 19034
EMAIL: legal@upsafety.net
If to Client:
The City of Clearwater
Attn: Steve Reiter, Parking Manager
100 S. Myrtle Avenue
Clearwater, FL 33756
EMAIL:steve.reiter@myclearwater.com
19.Compliance with Applicable Law
ALL WORK PERFORMED BY UPSAFETY SHALL BE IN CONFORMANCE WITH PERTINENT OSHA, LOCAL, STATE AND FEDERAL
GOVERNMENT LAWS, RULES AND REGULATIONS. UPSAFETY FURTHER COVENANTS AND AGREES THAT ALL WORK PERFORMED
AND FURNISHED HEREUNDER SHALL BE IN ACCORDANCE WITH APPLICABLE PROFESSIONAL STANDARDS.
20.Warranties
Mutual Warranties.Each party warrants that (i) it has the right and power to enter into these Terms and Conditions, and (ii) it
will comply with all applicable laws and regulations pertaining to these Terms and Conditions.
UPsafety Limited Warranty.UPsafety warrants that the Services will be performed in a professional and workmanlike manner
in accordance with recognized industry standards and other specifications as outlined in the CONTRACT.
Exclusive Remedies.Beyond provisions for liquidated damages in the CONTRACT, if, during the Warranty Period the
Software fails to comply with the Software Warranty set forth above, UPsafety's entire liability and Client’s exclusive
remedy beyond these damages will be either to a) repair or replacement of the Software, or b) if in UPsafety’s opinion such
repair or replacement is not possible, termination of the SaaS Term and a refund of the Subscription Fees paid for the
Software. This limited warranty is void if failure of the Software has resulted from accident, abuse, misuse or negligence of
any kind in the use, handling or operation of the Software, including any use not consistent with the User Documentation or
UPsafety training. UPsafety's entire liability and Client’s exclusive remedy for any breach of warranty with respect to the
Services as described above shall be UPsafety re-performing the Services performed.
Disclaimers.Any written or oral information or representations provided by UPsafety agents, employees, resellers,
consultants or service clients with respect to the use or operation of the Software will in no way increase the scope of
UPsafety’s warranty. UPsafety and its suppliers exercise no control whatsoever over the content of the information passing
through their systems. Client and users must exercise their own due diligence before distributing and/or relying on
information available on the Internet, and must determine that they have all necessary rights to copy, publish, or otherwise
distribute such information under copyright and other applicable laws. Neither UPsafety nor its suppliers will be liable for
United Public Safety, Inc. 321 Morris Road, Fort Washington, PA, 19034
any consequences of providing services, including those suffered as a result of delivering or accessing information or
content, such as accessing information with offensive, inaccurate or inappropriate content, the possibility of Contracting
computer viruses, or unauthorized access to or alteration, theft, or destruction of any data, files, programs, procedures, or
information through accident, fraudulent means or devices, or any other method.
UPSAFETY DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS OBTAINED BY CLIENT IN USING THE
SOFTWARE OR THE SERVICES, OR THAT THE SOFTWARE OR THE SERVICES WILL MEET CLIENT’S REQUIREMENTS OR THAT
THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. EXCEPT FOR THE WARRANTIES SET FORTH
ABOVE AND IN THE CONTRACT, UPSAFETY EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS OR WARRANTIES,
WHETHER EXPRESS, IMPLIED, OR STATUTORY (BY ANY TERRITORY OR JURISDICTION) TO THE EXTENT PERMITTED BY LAW.
FURTHER, UPSAFETY EXPRESSLY EXCLUDES ANY WARRANTY OF NONINFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR
PURPOSE, OR MERCHANTABILITY TO THE EXTENT PERMITTED BY LAW
21.Public Records.
22.All records made pursuant to this Agreement, as well as negotiations conducted prior to its execution, shall be handled in
compliance with Chapters 119 and 286 of the Florida Statutes unless an exemption applies. The Client gives no assurance as
to the confidentiality of any portion of any proposal or record once submitted. Indemnity
Subject to Florida Statute 762.28, UPsafety and its members agree to indemnify and hold free and harmless, assume legal liability
for and defend the Client, and its officers, employees, agents, and servants, whether they are current or former, from and against
any and all actions, claims, liabilities, assertions of liability, losses, costs and expenses, in law or in equity, including but not
limited to attorney’s fees at trial and appellate levels, reasonable investigative and discovery costs, court costs, or claims for
bodily injury or death of persons and for loss of or damage to property, except as provided for herein, or every kind and nature
whatsoever, which in any manner directly or indirectly may arise or be alleged to have arisen, from the goods and services the
Client has contracted for. Nothing contained herein is intended to serve as a waiver by the Client of its sovereign immunity, to
extend the liability of the Client beyond the limits set forth in Section 762.28, Florida Statutes, or be construed as consent by the
Client to the sued by third parties.
23.Right to Work Product
Any invention, discovery, creation, expression or other result of UPsafety’s Services, such as findings, analyses, conclusions,
opinions, recommendations, ideas, techniques, know-how, designs, programs, tools, applications, interfaces, enhancements,
software, and other technical information (collectively “Work Product”), created by UPsafety in the course of performing the
Services hereunder are the property of UPsafety and are licensed to Client, without further license fees, pursuant to the
license in these Terms and Conditions, provided, however, Work Product does not include, and Client shall retain title to (i)
Confidential Information of Client, and (ii) all Client Content. Client shall have no right to sublicense, transfer, assign, convey or
permit any third party to use or copy any Work Product.
24.Force Majeure
Except for Client’s obligation to pay UPsafety, neither party shall be liable for any failure to perform its obligations under these
Terms and Conditions if prevented from doing so by a cause or causes beyond its control, including without limitation, acts of
God or public enemy, failure of suppliers to perform, fire, floods, storms, epidemic or quarantine restrictions, earthquakes,
riots or civil commotion, strikes, war, and restraints of government, freight or other embargoes, weather conditions or any
failures by UPsafety’s subcontractors or suppliers.
25.Assignment
United Public Safety, Inc. 321 Morris Road, Fort Washington, PA, 19034
Neither these Terms and Conditions nor the CONTRACT shall be assigned by Client without the prior written consent of
UPsafety. Any attempted assignment in violation of this provision shall be null and void. Subject to the foregoing, these Terms
and Conditions are binding upon, inure to the benefit of, and are enforceable by the parties hereto and their respective
successors and assigns.
26.Choice of Law and Venue
This Agreement shall be construed according to the laws of the State of Florida. Jurisdiction and venue for any legal action
in connection herewith, whether sounding in contract or tort, shall lie in Pinellas County, Florida.
27.Miscellaneous
Except as otherwise specifically stated herein, remedies shall be cumulative and there shall be no obligation to exercise a
particular remedy. If any provision of these Terms and Conditions are held to be unenforceable, the other provisions shall
nevertheless remain in full force and effect. The failure by either party to enforce any rights granted hereunder or to take
action against the other party in the event of any breach of these Terms and Conditions will not be deemed a waiver by that
party as to the subsequent enforcement of rights or subsequent actions in the event of future breaches. These Terms and
Conditions and the CONTRACT together set forth the entire agreement between the parties with respect to the subject matter
hereof and all other agreements, representations, communications and understandings, both oral and written, are superseded
hereby.
CITY OF CLEARWATER
FINANCE DEPARntE.'lT, PosT OFFICE Box 4748, CLEARWATER, FLORJDA 33758-4748
ML1NICIPAL SERVICES Bt1II.D1NG, 100 Sot'TH MYRTI.E AvENL'E
TELEPHONE (727) 562-4530 FAX (727) 562-4535
September 17, 2019
United Public Safety
Attn: Joan Young
Via email: jyoung@upsafety.net
321 Morris Rd.
Fort Washington, PA 19034
Dear Joan:
The City of Clearwater would like to thank United Public Safety for the response to Request for
Proposals #20-19, Parking Management Solution. We appreciate your company's time and effort for
the presentation to our Selection Committee on September 12, 2019.
The selection committee has ranked the firms that participated in the formal presentations as
follows:
1) United Public Safety
2) Data Ticket, Inc.
3) Passport Labs, Inc dba Passport
4) Municipal Citation Solutions
5) T2 Systems, Inc
We will begin contract negotiations with United Public Safety in the next few days. Should
negotiations fail, we would move on to the second ranked firm.
On behalf of the selection committee and the City, I would like to thank you again for the time, effort,
and resources your company put forward in this process. We look forward to working with your
team!
Regards,
A~,~
Purchasing Manager
Jay l'olglaze, Councilrnember
Or. Rob Cundiff, Councilmember
George N. Crctckos, Mayor
David Allbritton, Councilrnember
Hoyt Hamilton, Councilmember
"Equal Employment and Affirmative Action Employer
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#19-7019
Agenda Date: 11/4/2019 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Engineering Department
Agenda Number: 4.5
SUBJECT/RECOMMENDATION:
Approve the Contract for Sale of Real Property by the City of Clearwater, Florida (Contract)
between the City of Clearwater and Douglas M. Schrock and authorize the appropriate officials
to execute same, together with all other instruments required to affect closing. (consent)
SUMMARY:
The subject property is an irregular shaped, landlocked parcel of land that runs along the east
side of the Pinellas Trail.
This land was acquired by the City of Clearwater on December 18, 2018 via foreclosure.
An independent appraisal was performed on the property on March 18, 2019 by Jim Millspaugh
and Associates. This appraisal report determined a fair market value of $6,000.
On June 20, 2019, City Council declared the property surplus for sale through Invitation to Bid
#41-19, whereby the successful bid was required to meet the terms set by Council. Per City
Charter 2.01, real property declared surplus shall be sold to the party submitting the highest
competitive bid above the appraised value whose bid meets the terms set by the Council and
whose proposed use of the property is in accordance with the Council’s stated purpose for
declaring the property surplus. Accordingly, all qualifying bids were required to meet the
following terms:
·Bid price shall exceed $6,000.00
·Successful bidder shall be the owner in fee title to lands contiguous to the subject
property.
The City received one bid that met the minimum qualifications listed above.
·Douglas M Schrock submitted a qualifying bid with a proposed purchase price of
$6,006.00 and is the owner in fee title to the property directly east of the subject
property.
Consistent with City Charter 2.01 referenced above, staff recommends approval of the
Contract between the City and Douglas M Schrock, the bidder having submitted the highest
competitive bid above the appraised value whose bid meets the terms set by the Council.
APPROPRIATION CODE AND AMOUNT:
181-364220-M1913 $6,006
Proceeds from the sale will be deposited into the Lien Foreclosure Program.
Page 1 City of Clearwater Printed on 11/3/2019
OVERBROOK AVE SUNSET POINT RD
1920
1916
1934
1910
1928
11421922
11461918
AERIAL MAP
Sales ContractParcel Number: 03-29-15-00000-240-0400
Document Path: C:\Users\Wioletta.Dabrowski\City of Clearwater\Engineering Geographic Technology - Location Maps\SunsetPointRd_OverbrookAve.mxdPinellas Trail²
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 2019251AGrid #:3-29s-15eS-T-R:WDMap Gen By:
76'
91.4'
50'53'
RBReviewed By:Date:10/21/2019
Parcel Measurments obtained from Pinellas County Property Appraiser Map
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#19-7026
Agenda Date: 11/4/2019 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Engineering Department
Agenda Number: 4.6
SUBJECT/RECOMMENDATION:
Approve the Second Amendment to Cooperative Funding Agreement (CFA) No. 15C00000115
with Southwest Florida Water Management District (SWFWMD) for the Clearwater
Groundwater Replenishment Project, Phase 3 (N665) and authorize the appropriate officials to
execute same. (consent)
SUMMARY:
City Council approved in December 2015 and February 2017 respectively, the original CFA
between SWFWMD and the City for the for the Groundwater Replenishment Project
(15-0010-UT, providing 50% reimbursement of the project cost up to $14,340,000 and the First
Amendment, which increased the reimbursement by $2,018,000 for a new maximum
reimbursement up to $16,358,000 or $32,716,000 total project cost.
The City started a Water System Master Plan that will be completed in approximately 1.5 years.
This plan reviews and analyzes the entire existing water system and proposed additions such
as the Groundwater Replenishment Facility (GRF) to ensure that maximum system operation
effectiveness and cost efficiency is maintained. The construction of the GRF is delayed until
completion of the Water System Master Plan. This delay allows time to identify and implement
any necessary modifications to the GRF design resulting from the Water Systems Master Plan
effort to optimize the overall operation and management of the water system.
The delay in construction of the Groundwater Replenishment Facility requires that SWFWMD
make changes to the funding provisions of the existing cooperative funding agreement. This
Second Amendment decreases SWFWMD funding to a $2,989,819 total project cost with 50%
reimbursement once construction commences, up to $1,494,909 in accordance with the latest
change in the Project Plan. This will allow SWFWMD to utilize available cooperative funding
resources while the City completes its Water System Master Plan.
Once the Water System Master Plan is complete, the City will make any changes to the
Groundwater Replenishment Project and then re-apply to SWFWMD for funding toward the
construction of the facility.
Page 1 City of Clearwater Printed on 11/3/2019
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#19-6958
Agenda Date: 11/4/2019 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Planning & Development
Agenda Number: 5.1
SUBJECT/RECOMMENDATION:
Provide direction on the proposed second amendment to an existing Development Agreement
between Triprop Clearwater, LLC and M E M PC Properties Inc. (as assigned by Alanik
Properties; Anco Holdings, LLC; Nikana Holdings, LLC) (the property owners) and the City of
Clearwater for property located at 401, 411, 421, 425 and 431 South Gulfview Boulevard, which
adds Exhibit A-1 to provide an updated legal description to include parcel
07-29-15-52380-000-0780 to the subject site and replaces Exhibit B with Exhibit B-1 to provide
new conceptual site plans and elevations, updates Exhibits C and D regarding any references
to the legal description and proposed number overall hotel units, adds Exhibit E which provides
specific language germane to the pedestrian bridge regarding construction and maintenance
and sets a new date by which time site plan approval must be obtained and confirm a second
public hearing in City Council Chambers before City Council on November 21, 2019 at 6:00
p.m., or as soon thereafter as may be heard. (HDA2014-06004A)
SUMMARY:
Site Location and Existing Conditions:
The 2.416-acre site is bound by South Gulfview Boulevard (west), Coronado Drive (east), and
Fifth Street (north). The subject property is comprised of four parcels with a frontage of
approximately 540 feet along South Gulfview Boulevard, 450 feet along Coronado Drive and
213 feet of frontage along Fifth Street. The site is occupied by two hotels with a combined total
of 127 hotel rooms, a restaurant and a small retail store. The subject property is zoned Tourist
(T) District with an underlying Future Land Use designation of Resort Facilities High (RFH).
The subject property is also located within the Beach Walk District of Beach by Design.
Access to the site is generally provided by several driveways along South Gulfview Boulevard
(including the South Gulfview Boulevard frontage road) and Coronado Drive. A drop curb along
Fifth Street runs along the north side of the site providing parking spaces which exist partially
within and back out into the Fifth Street right-of-way. Building frontage is generally located
along South Gulfview Boulevard (and its frontage road) and Fifth Street.
The surrounding area is characterized by a variety of uses including overnight accommodation,
retail, outdoor recreation and entertainment, restaurant and attached dwelling uses with heights
ranging from one to 15 stories. The immediate area is characterized by two to 15 story hotels.
A five-story attached dwelling is located at the northeast corner of Bayside Drive and Hamden
Drive. Detached dwellings are located farther along the length of Bayside Drive. The properties
located along Hamden Drive are developed with attached dwellings and overnight
accommodation uses. The City’s Beach Walk project, adjacent to the west, has transformed
South Gulfview Boulevard to the north and south of this site into a winding beachside
Page 1 City of Clearwater Printed on 11/3/2019
File Number: ID#19-6958
promenade with lush landscaping, artistic touches and clear views to Clearwater's
award-winning beach and the water beyond. Coronado Drive has largely been improved as
envisioned in Beach by Design.
Site History:
Ø On September 20, 2005, the Community Development Board (CDB) approved Case No.
FLD2005-07068 which included, among other items, a request for a Termination of Status
of Nonconformity to permit 127 hotel units (63.69 units per acre) to be considered
conforming when the otherwise permitted number of hotel units was 97 units (50 units per
acre). That portion of the request is considered vested.
Ø On September 19, 2014, the City Council approved the allocation of up to 100 units from
the Hotel Density Reserve under Beach by Design (Case No. HDA2014-06004) and
adopted a resolution to the same effect (Res. No. 14-29). The owners proposed to develop
the site with a 227-unit (114 units per acre) overnight accommodations use as related to
case FLD2005-07068. This agreement has since been amended by HDA2015-06001 and
is attached to the resolution as Exhibit 1.
Ø On March 17, 2015, the Community Development Board (CDB) approved Case No.
FLD2015-09036 to permit a 227-unit overnight accommodation use in the Tourist (T)
District. This approval is still valid through June 11, 2021 via four separate extension
requests.
Ø On August 20, 2015, the City Council approved the first amendment to HDA2014-06004
(HDA2015-06001) and adopted a resolution to the same effect (Res. No. 15-19). This is
attached to the resolution as Exhibit 2. Please note that the Planning and Development
Department had not implemented the current policy of using the original case number
supplemented, alphabetically (A, B, C, D, etc.) to represent the application amendment and,
rather, assigned a new case number to this first amendment. The owners continued to
propose to utilize the existing 127 hotel units and incorporate an additional 100 units from
the Hotel Density Reserve through Beach by Design resulting in a total of 227 units (114
units per acre). The amendment included a new conceptual site plan and accompanying
building elevations (Exhibit B) and changes to the Development Agreement. The changes
to the Development Agreement are listed below:
o Section 4.4: Increases the height of the building from approximately 140 feet to 150 feet.
o Section 6.1.3.2: Changes the date by which site plan approval must be obtained to six
months from approval of the amended Development Agreement.
This agreement is still valid.
Ø On May 10, 2016, the applicant’s representative sent a Notice of Assignment of
Development Agreement by Alanik Properties, LLC, et.al, to Triprop Clearwater, LLC to the
City. Copies of the Assignment and Joinder (signed on May 6 and May 9, 2016) as well as
a release of Developer’s Obligation under Hotel Density Reserve Development Agreement
were dated July 22, 2016 were subsequently submitted to the City.
Development Proposal:
The current proposal, attached to the resolution as Exhibit 3, includes the demolition of all
structures on the site and to redevelop the site with a 248-unit hotel (increased from a 227-unit
hotel) utilizing the existing 127 hotel units and incorporating an additional 100 units allocated
from the Hotel Density Reserve through Beach by Design as currently approved through
Page 2 City of Clearwater Printed on 11/3/2019
File Number: ID#19-6958
HDA2014-06004 and amended by HDA2015-06001. The original site, consisting of 1.99 acres,
is, through this current proposal, increased by 0.426 acres providing for a total of 2.416 acres.
The additional acreage permits an additional 21 permitted hotel units to the proposal which,
when added to the previously-proposed 227 units (114 units per acre) results in a total of 248
units (102.649 units per acre) which includes 100 hotel units as originally-allocated through the
approval of HDA2014-06004. It should be noted that the overall density of the site decreases
from 114 units per acre to approximately 103 units per acre. The current request includes a
new conceptual site plan and accompanying building elevations (Exhibit B-1) and appropriate
changes to the Development Agreement. The changes to the Development Agreement are
listed below; however, the conceptual site plan and building elevations have been updated to
reflect the addition of the 0.426-acre parcel at the southwest quadrant of the site.
Development Agreement
§Section 4.1: Increases the total number of hotel units from 227 to 248.
§Section 4.2: Increases the number of parking spaces required from 272 to 298.
§Section 4.4: Decreases the proposed density of units from 114 units per acre to 103 units
per acre.
§Section 4.5: Adds the provision of a pedestrian overpass bridge connecting to the Opal
Sands resort to the west across South Gulfview Boulevard.
§Section 6.1.3.4: Requires an amendment to FLD2013-04015 which approved the hotel
located at 430 South Gulfview Boulevard.
Exhibit A-1
§Exhibit A-1 is added to provide the legal description for the additional property at the
southwest quadrant of the site.
Exhibit B-1
§Exhibit B-1 replaces Exhibit B and provides updated site plans, elevations and floor plans.
Exhibits C and D
§These exhibits were not resubmitted because few changes are proposed. Section 5 of the
Statement of Agreement provides that both Exhibits are amended to reflect the increase in
the total number of hotel units from 227 to 248 and the addition of the parcel as described in
Exhibit A-1.
Exhibit E
§Exhibit E is added which provides specific language specific to the pedestrian bridge
regarding construction and maintenance.
The current proposal, as noted, is to demolish all structures on the site and build a single
15-floor hotel with 248 hotel rooms. The building will be 150 feet (from Base Flood Elevation) to
flat roof with structured parking on the first floor of the hotel building. An eight -floor parking
garage component will be attached to the hotel building on the south side of the site. The
parking spaces on the eighth floor of the parking garage are uncovered. The proposal includes
a tropical modern architecture, which is consistent with and complements the tropical
vernacular envisioned in Beach by Design.
The site will be accessed via six driveways. Three driveways provide access to the parking
component of the project with a two-way driveway located along Coronado Drive at the
southeast corner of the site, a one-way (egress-only) driveway along South Gulfview Boulevard
Page 3 City of Clearwater Printed on 11/3/2019
File Number: ID#19-6958
at the southwest corner of the site and a second egress-only driveway centrally located along
the north side of the along Fifth Street. A southbound one-way drop-off is located along
Coronado Drive constitutes two more driveways. The sixth driveway is located along Fifth
Street at the northeast corner of the site and is a dedicated service driveway provided access
to a loading zone and solid waste component both under the building.
The primary entrance and lobby of the building will be located along South Gulfview Boulevard
on the second floor. Much of the ground floor of the hotel along Gulfview Boulevard and Beach
Walk will consist of storefronts (a proposed mix of retail and restaurant although the exact
tenants have not yet been secured) directly connected to Beach Walk. A patio intended for
outdoor dining is proposed at the northwest corner of the site and will exist partially with in the
South Gulfview Boulevard right-of-way. This component will need to be reviewed and approved
later through the development review process.
As noted, the first floor of the hotel building will contain a parking garage. In addition to parking,
the ground floor also includes various back-of-house service uses and mechanical equipment
as well as 9,800 square feet of retail space. As a point of clarification, the site and floor plans
call out the ground floor of parking as Level 0000 (Sheet A-0.06) with the second floor above
grade called out as Level 0100 (Sheet A-0.07). For the sake of consistency, this memo will use
the same nomenclature. Level 0100 includes various back-of-house service uses as well as
the main check-in lobby, and approximately 6,100 square feet of café, bar and restaurant
space. This level also includes an exterior pool and patio at the northwest corner of the
building. Level 0200 includes additional support services and hotel office space as well as a
ballroom (17,000 square feet) and eight meeting rooms (5,600 square feet). A proposed
pedestrian bridge connecting to the Opal Sands Resort (430 South Gulfview Boulevard) to the
southwest across South Gulfview Boulevard is also shown on Level 0200. Level 0300 includes
a fitness center (1,500 square feet) a spa (3,100 square feet), a small exterior pool and patio
located on the east side of the building and 17 hotel rooms. Level 0300 also marks the
beginning of the tower component of the building. The remaining floors will include primarily
hotel rooms along with various back-of-house components.
The total amount of accessory space shown is approximately 43,257 square feet or 11.58
percent of the total gross floor area of the hotel which is less than the 15 percent maximum
permitted as part of a Level I Flexible Standard Development application (CDC Section
2-802.N.10.b) and also at which point additional parking is required as part of a Level II Flexible
Development application (CDC Section 2-803.k.11.a).
The proposal also modifies the previously approved site plan with a pedestrian overpass over
South Gulfview Boulevard. The proposed pedestrian bridge will be located at the southwest
quadrant of the site and will be located entirely within the South Gulfview Boulevard
right-of-way. The bridge will stretch from the second floor along the west façade of the building
across South Gulfview Boulevard to the second floor of 430 South Gulfview Boulevard (The
Opal Sands Resort). The bridge will be a minimum of 17 feet above South Gulfview Boulevard
and approximately 12 feet in width. It is important to note that this component requires the
granting of an easement for air rights by the City over the South Gulfview Boulevard
right-of-way. In addition, an application replacing or revising, as applicable, FLD2013-04015
which granted site plan approval for the existing hotel located at 430 South Gulfview Boulevard
will be required.
In summary, the changes to the conceptual site plan and elevations are:
§The addition of 0.426 acres (parcel 07-29-15-52380-000-0780) at the southwest quadrant of
Page 4 City of Clearwater Printed on 11/3/2019
File Number: ID#19-6958
the site.
§A reorientation of the parking garage.
§A reallocation of most of the proposed parking spaces from under the hotel tower to the
parking garage.
§The addition of a pedestrian bridge connecting the subject site with 430 South Gulfview
Boulevard to the west across South Gulfview Boulevard.
Consistency with the Community Development Code (CDC):
Minimum Lot Area and Width:
Pursuant to CDC Table 2-802, the minimum required lot area and width for an Overnight
Accommodation use is 20,000 square feet and between 100 and 150 feet, respectively. The
subject property is 105,445 square feet in area and approximately 540 feet wide. The site is
consistent with these Code provisions.
Minimum Setbacks:
The conceptual site plan depicts setbacks of zero feet along the front (west) along South
Gulfview Boulevard/Beach Walk, 15 feet along the front (north and east) along Fifth Street and
Coronado Drive, respectively, side (south) setbacks of between six and 13 feet. The proposed
setbacks may be approved as part of a Level Two (FLD) application, subject to meeting the
applicable flexibility criteria of the Community Development Code.
Maximum Height:
Section B of the Design Guidelines within Beach by Design specifically addresses height. The
proposal provides for a building 150 feet in height as measured from BFE where a height of up
to 150 feet is permitted as prescribed by the CDC (subject to meeting the applicable flexibility
criteria of the CDC and as approved as part of a Level II Flexible Development application) and
limited by Beach by Design as pertaining to buildings which exceed 100 feet in height.
The proposal provides for a building which exceeds 100 feet in height. The applicant has
demonstrated that portions of any structures which exceed 100 feet in height are spaced at
least 100 feet apart (Sheet A-0.03) and that there are no more than four structures which
exceed 100 feet within 800 feet (Sheet A-0.22) thereby fulfilling the height requirements of
Option 2 of Beach by Design section VII.B.2.
The height of the proposed building is consistent with the guidelines of Beach by Design.
Minimum Off-Street Parking:
The 248-room overnight accommodation use requires a minimum of 298 off-street parking
spaces. A parking garage located on the ground level of the hotel building and within an
attached eight-floor parking garage component attached to the south side of the hotel will
provide a minimum of 298 spaces. Currently, the proposal includes 556 parking spaces
(although that number could fluctuate as construction details are finalized through the
development process) which provides 258 parking spaces above that as otherwise required.
The applicant has provided that any spaces in excess of the minimum required will be available
for use to the public. This is consistent with the applicable Sections of the CDC.
Landscaping:
While a formal landscape plan is not required to be submitted for review at this time, the
conceptual landscape areas depicted on the site plan show that adequate spaces for
foundation landscaping will be provided along all street frontages. Since no perimeter
landscape buffers are required in the Tourist (T) District, the proposed landscape areas meet
Page 5 City of Clearwater Printed on 11/3/2019
File Number: ID#19-6958
or exceed what is required. It is noted, however, that flexibility may be requested/necessary as
part of a Comprehensive Landscape Program which would be reviewed at time of formal site
plan approval.
Consistency with Beach by Design:
Design Guidelines:
A review of the provided architectural elevations and massing study was conducted and the
proposed building does appear to be generally consistent with the applicable Design Guidelines
established in Beach by Design. It is noted, however, that a more formal review of these
Guidelines will need to be conducted as part of the final site plan approval process. Staff has
noted that there are instances where the tower component of the project exceeds 100 linear
feet without an offset of greater than five feet contrary to Section C.2 of the Beach by Design
Design Guidelines. One instance occurs on the east façade facing Coronado Drive. Two other
instances occur along the west façade at the ground level (147 feet) and the west façade of the
tower. The Design Guidelines provide that they are intended to be administered in a flexible
manner to achieve the high-quality built environment for the beach. Staff believes that the
design solution is acceptable because the portions of the building which directly relate to the
pedestrian realms surrounding the site include an extensive use of windows, doors and
landscaping providing a great deal of articulation and/or visual interest, that the tower
incorporates a curve which, over its entirety, constitutes a deviation of at least five feet and
finally, that the tower will be mostly viewed and appreciated from a greater distance than the
base where the longer building planes associated with the tower are proportionally appropriate.
Hotel Density Reserve:
The project has been reviewed for compliance with those criteria established within Beach by
Design concerning the allocation of hotel rooms from the Reserve. The project appears to be
generally consistent with those criteria, including that the development comply with the
Metropolitan Planning Organization’s (MPO) countywide approach to the application of traffic
concurrency management for transportation facilities. The submitted Traffic Impact Study
concludes that traffic operations at nearby intersections and on adjacent roadways would
continue at acceptable levels of service.
Standards for Development Agreements:
The proposal is compliant with the standards for development agreements, is consistent with
the Comprehensive Plan and furthers the vision of beach redevelopment set forth in Beach by
Design. The proposed first amended and restated amendment to the existing Development
Agreement will be in effect for a period not to exceed ten years, meets the criteria for the
allocation of rooms from the Hotel Density Reserve under Beach by Design and includes the
following main provisions:
§Provides for no change in the number of units (100 units) allocated from the Hotel Density
Reserve (previously approved as part of HDA2014-06004/Resolution No. 14-29 and
amended by HDA2015-06001/Resolution No. 15-19);
§Adds Exhibit A-1 by to provide a legal description for the added parcel;
§Revises Exhibit B which includes new conceptual site plans, architectural drawings,
elevations and perspectives and renames that exhibit to “Exhibit B-1”;
§Exhibits C and D were not resubmitted because no significant changes are proposed to
these components except for updates to the total number of proposed hotel units and to
include the legal description of the added parcel as provided by Exhibit A-1. This is
referenced in Section 5 of the Statement of Agreement.
§Adds Exhibit E providing specific language pertaining construction and maintenance
Page 6 City of Clearwater Printed on 11/3/2019
File Number: ID#19-6958
regarding the proposed pedestrian bridge
§Requires the developer to obtain building permits within one year of approval of the
amended and restated Development Agreement and certificates of occupancy in
accordance with Community Development Code (CDC) Section 4-407;
§Requires the return of any hotel unit obtained from the Hotel Density Reserve that is not
constructed;
§For units allocated from the Hotel Density Reserve, prohibits the conversion of any hotel
unit to a residential use and requires the recording of a covenant restricting use of such
hotel units to overnight accommodation usage; and
§Requires a legally enforceable mandatory evacuation/closure covenant that the hotel will be
closed as soon as practicable after a hurricane watch that includes Clearwater Beach is
posted by the National Hurricane Center.
Changes to Development Agreements:
Pursuant to Section 4-606.I., CDC, a Development Agreement may be amended by mutual
consent of the parties, provided the notice and public hearing requirements of Section 4-206
are followed. Revisions to conceptual site plans and/or architectural elevations attached as
exhibits to this Development Agreement shall be governed by the provisions of Section 4-406,
CDC. Minor revisions to such plans may be approved by the Community Development
Coordinator. Other revisions not specified as minor shall require an amendment to this
Development Agreement.
Page 7 City of Clearwater Printed on 11/3/2019
Original Hotel Development Agreement
Exhibit 1 to Resolution 19-23
Resolution No. 19-23
RESOLUTION NO. 19-23
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA
AMENDING A DEVELOPMENT AGREEMENT BETWEEN THE
CITY OF CLEARWATER AND TRIPROP CLEARWATER, LLC
AND M E M PC PROPERTIES INC. (AS ASSIGNED BY ALANIK
PROPERTIES; ANCO HOLDINGS, LLC; NIKANA HOLDINGS,
LLC); PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City and Alanik Properties, LLC; Anco Holdings, LLC; and Nikana
Holdings, LLC (collectively, the “Original Developer”) are parties to that certain Hotel
Density Reserve Development Agreement (the “Agreement”) as originally approved on
September 24, 2014, a copy of which is attached as Exhibit “1”; and
WHEREAS, the City and the Original Developer amended the Agreement (the “Amended
Agreement”) on August 20, 2015, a copy of which is attached as Exhibit “2”; and
WHEREAS, the Original Developer’s interest in the Agreement and the Amended
Agreement was assigned to Triprop Clearwater, LLC (the “New Developer”) on May 9,
2016; and
WHEREAS, the City and the New Developer desire to amend certain terms and provisions
of the Agreement and the Amended Agreement, as more fully set forth in the attached
Exhibit “3”; and
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section1. The second AMENDMENT TO THE HOTEL DENSITY RESERVE
DEVELOPMENT AGREEMENT between the City of Clearwater and TRIPROP CLEARWATER,
LLC AND M E M PC PROPERTIES INC. (AS ASSIGNED BY ALANIK PROPERTIES; ANCO
HOLDINGS, LLC; NIKANA HOLDINGS, LLC), a copy of which is attached as Exhibit “3,” is hereby
approved.
Section 2. This resolution shall take effect immediately upon adoption.
Section 3. The City Clerk is directed to submit a recorded copy of the Development
Agreement to the state land planning agency no later than fourteen (14) days after the
Development Agreement is recorded.
Resolution No. 2
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
First Amendment to Hotel Development Agreement
Exhibit 2 to Resolution 19-23
Proposed Second Amendment to Hotel Development Agreement
Exhibit 3 to Resolution 19-23
1
Return to: City Attorney’s Office City of Clearwater P.O. Box 4748 Clearwater, FL 33758
Second Amendment to Development Agreement
THIS SECOND AMENDMENT to DEVELOPMENT AGREEMENT (“Second Amendment”)
is dated the ____ day of November, 2019 and entered into between Triprop Clearwater LLC, a Florida limited liability company (“Developer”), its successors and assigns, and the CITY OF
CLEARWATER, FLORIDA, a municipality of the State of Florida acting though its City
Council, the governing body thereof (“City”).
Recitals:
WHEREAS, Sections 163.3220 - 163.3243, Florida Statutes, which set forth the Florida
Local Government Development Agreement Act ("Act"), authorize the City to enter into
binding development agreements with persons having a legal or equitable interest in real property
located within the corporate limits of the City; and
WHEREAS, under Section 163.3223 of the Act, the City has adopted Section 4-606 of
the City of Clearwater Community Development Code ("Code"), establishing procedures and
requirements to consider and enter into development agreements; and
WHEREAS, the City and Alanik Properties, LLC, a Florida limited liability company, and Anco Holdings, LLC, a Florida limited liability company, and Nikana Holdings LLC, a
Florida limited liability company (collectively, “Original Developer”) entered into a
Development Agreement (HDA2014-06004, Resolution 14-29) dated September 24, 2014 and
recorded at Official Records Book 18541, Page 1887 in the public records of Pinellas County
(“Development Agreement”) as amended by that certain First Amendment to the Hotel Density Reserve Development Agreement (HDA2015-06001, Resolution 15-19) between the parties dated
August 20, 2015 and recorded in the public records of Pinellas County at Official Records Book
19207, page 2409 (“First Amendment”);
WHEREAS, the Original Developer’s interest in the Development Agreement was assigned to Developer pursuant to that certain Assignment of Hotel Density Reserve Development Agreement dated May 9, 2016 as consented to by the City;
WHEREAS, Beach by Design proposed additional hotel units to equalize development
opportunities on the beach and ensure Clearwater Beach remains a quality, family resort
community by further providing for a limited pool of additional hotel units (“Hotel Density Reserve”) to be made available for such mid-sized hotel projects; and
WHEREAS, the Development Agreement provided one hundred (100) units from the
Hotel Density Reserve to the Developer to be utilized on 1.994 acres of real property (as described
in the Development Agreement as “Property”); and,
WHEREAS, maximum density permitted on the Property, pursuant to Beach by Design, is 150 units per acre; and the Development Agreement provided for a density of 114 hotel units per
acre; and,
WHEREAS, the Developer is the owner of the Property and the contract purchaser of
adjacent property located at 431 S. Gulfview Blvd and as described in Exhibit A-1 attached hereto and made part hereof (“Adjacent Property”) and desires to include the Adjacent Property to the
Project; and,
WHEREAS, the Adjacent Property is owned by MEM PC Properties, Inc., a Florida
corporation; and,
WHEREAS, the Adjacent Property is 0.426 acres and allows for an increase of twenty-
one (21) hotel units to the Project;
WHEREAS, the Developer desires to modify the Project as provided for herein and in
Exhibit B-1, attached hereto and made part hereof;
WHEREAS, upon completion of the Project contemplated in the Amended Agreement,
the Project will contain a total of two hundred forty eight (248) overnight accommodation
units (103 units per acre), which includes one hundred (100) units originally granted from the
available Beach by Design Hotel Density Reserve (“Amended Project”); and
WHEREAS, the Project includes an elevated pedestrian bridge across S. Gulfview Blvd.;
which connect the Project to 430 S. Gulfview Blvd.; and,
WHEREAS, the City has conducted such hearings as are required by and in accordance with Chapter 163.3220 Fla. Stat. (2019) and any other applicable law; and
WHEREAS, the City has determined that, as of the Effective Date of this Second
Amendment, the proposed project is consistent with the City’s Comprehensive Plan and Land
Development Regulations; and
WHEREAS, the City has conducted public hearings as required §§ 4-206 and 4-
606 of the Community Development Code (“Code”); and
WHEREAS, at a duly called public meeting on November __, 2019, the City Council approved this Second Amendment and authorized and directed its execution by the appropriate officials of the City; and
WHEREAS, upon approval by the City Council, the Developer will seek to amend the
site plan approved pursuant to FLD2015-09036 pursuant to the Code (“Site Plan”) which has
been extended pursuant to state and local law and FLD2013-04015 pertaining to 430 S. Gulfview
Blvd.; and,
WHEREAS, the City and the Developer desire to amend certain terms and provisions of the Agreement as more fully set forth herein below.
STATEMENT OF AGREEMENT
NOW THEREFORE, in consideration of and in reliance upon the premises, the mutual covenants
contained herein, and other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties hereto intending to be legally bound and in
accordance with the Act, agree as follows:
SECTION 1. Recitals. The above recitals are true and correct and are a part of this Agreement.
SECTION 2. Incorporation of the Act. This Agreement is entered into in compliance with
and under the authority of the Code and the Act, the terms of which as of the date of this
Agreement are incorporated herein by this reference and made a part of this Agreement. Words used in this Agreement without definition that are defined in the Act shall have the same meaning
in this Agreement as in the Act.
SECTION 3. Property Subject to this Agreement. Section 3 of the Agreement shall
be amended to include the Adjacent Property located at 431 S. Gulfview Blvd, Clearwater, FL 33767 and Exhibit “A” shall be amended to include the property referenced in Exhibit “A-1”. Any exhibit which includes a legal description is hereby amended to include the adjacent Property
(collectively, “Property” and “Adjacent Property” is “Property”)
SECTION 4. Scope of Project. Notwithstanding anything contained in the Development Agreement to the contrary, the Agreement shall be amended as follows and all other references in the Agreement and Exhibits regarding the Project shall be consistent
with the following:
(a) Section 4.1 is amended to read: The Project shall consist of 248 overnight accommodation units inclusive of 100 units from the Hotel Density Reserve and all references to the total number of units on the Property shall be amended to two hundred
forty eight (248) units.
(b) Section 4.2 is amended to read: The Project shall include a minimum of 298 parking spaces, as defined in the Community Development Code.
(c) Section 4.3 shall be amended to read: The design of the Project, as represented in
Exhibit “B-1”, is consistent with Beach by Design.
(d) Section 4.4 is amended to read: The density of the Project shall be 103 units/acre. In
no instance shall the density of a parcel of land exceed 150 units per acre. The height of
the Project shall be 150 feet as measured from Base Flood Elevation, as defined in the
Code. The maximum building heights of the various character districts cannot be increased
to accommodate hotel rooms allocated from the Hotel Density Reserve.
(d) Section 4.5 is added to read: The Project shall include an elevated pedestrian
walkway generally located at the south west quadrant of the site connecting the Project to
the existing hotel building located to the southwest, across S. Gulfview Blvd., and located
at 430 S. Gulfview Blvd., Clearwater (“Opal Sands”) as conditioned by the requirements included in Exhibit “E” attached hereto and made part hereof and the conditions of site
plan approval.
(e) Section 6.1.3.1 shall reference Exhibit “B-1” as the Conceptual Site Plan.
(f) Section 6.1.3.2 shall be deemed to require site plan approval within one (1) year from
the effective date of this Second Amendment.
(f) Section 6.1.3.4 is added to read: The pedestrian bridge requires an amendment to
the approvals of 430 S. Gulfview Blvd. That property was the subject of a Level II Flexible Development application (FLD2013-04015; approved June 18, 2013 and thereafter
constructed). An amendment to the previously approved site plan is required and the
Developer shall obtain appropriate site plan approval pursuant to a Level One or Level
Two development application within one (1) year from the effective date of this Second
Amendment in accordance with the provisions of the Code, and shall then obtain appropriate permits and certificates of occupancy in accordance with the provisions of the
Code. Nothing herein shall restrict Developer from seeking an extension of site plan
approval or other development orders pursuant to the Code or state law.
SECTION 5. Restrictive Covenants. The Agreement requires two restrictive covenants to be
recorded in conjunction with the operation of the Property and such covenants shall be amended
prior to recording consistent with the terms herein.
a.Section 6.1.3.3 shall be amended, together with the Hurricane Evacuation Agreement
included as Exhibit C therein, to reflect the total number of hotel units of 248 overnight accommodation units and include the legal description of the additional property
attached hereto and made part hereof.
b.Section 6.1.4 and the Covenant of Unified Use included as Exhibit D therein shall be
updated to reflect the terms herein, including the addition of the property described in
Exhibit “A-1”.
SECTION 6. Approvals. Notwithstanding anything to the contrary contained in the
Development Agreement, including section 6.1.3.2, the Developer shall receive site plan approval
for the Amended Project within one (1) year of the effective date of this Second Amendment.
Approval of this Second Amendment requires the approval of a substantial amendment to FLD2015-09036 which, if granted, shall supercede the existing approval.
SECTION 7. Pedestrian Bridge. The City shall grant to Developer an easement for air rights
over a portion of S. Gulfview Blvd as provided for herein, prior to the construction of the
Pedestrian Bridge on further terms and conditions to be agreed to by the parties and accepted by
the City’s council at a subsequent public meeting and consistent with the terms herein. The easement may terminate as provided in the attached Exhibit “E,” Part V.
SECTION 8. Expiration Date. The Agreement, as amended, shall expire ten (10) years after the
adoption of this Second Amendment.
SECTION 9. Ratification. Except as specifically modified herein, all terms, conditions and
obligations contained in the Development Agreement shall retain in full force and effect and are
reaffirmed by the parties hereto.
Signature page to follow
Signature Page to Second Amendment to Development Agreement HDA2014-06004A
In the Presence of: Triprop Clearwater, LLC
______________________________ ______________________________
Print Name: ____________________ Mark Walsh, as Manager/Member
______________________________
Print Name: ____________________
As to "Developer"
CITY OF CLEARWATER, FLORIDA
______________________________
By:______________________________
Print Name: ____________________ William B. Horne II, City Manager
______________________________
Print Name: ____________________
As to "City"
Attest:
_________________________________
Rosemarie Call, City Clerk
Countersigned:
_________________________________
George N. Cretekos, Mayor
Approved as to Form:
_________________________________
Michael Fuino Assistant City Attorney
Signature Page to Second Amendment to Development Agreement HDA2014-06004A
STATE OF FLORIDA COUNTY OF ___________
The foregoing instrument was acknowledged before me the ____ day of November, 2019,
by Mark Walsh, as manager of Triprop Clearwater LLC, a Florida limited liability company, for
the Company. He is [ ] personally known to me or has [ ] produced
__________________________ as identification. ________________________________
Notary Public
Print Name: ______________________
My Commission Expires:
Exhibit “A-1”
Adjacent Property Legal Description
Exhibit “B-1”
Revised Project
ZONING DATALEGAL DESCRIPTIONSITE DATAZONING DESIGNATIONADDRESS 421 S. GULFVIEW BLVD TOURIST (T) -RESORT FACILITIES HIGH (RFH) - BEACH BY DESIGNFLOOD ZONEVE 13 - VE 14 & AE 12LOT AREA105,445 SQ.FT. (2.42 ACRES)DESIGN GUIDELINESALLOWED/ REQUIREDPROVIDEDMAXIMUM BUILDING HEIGHTSETBACK REQUIREMENTSFRONT - (CORONADO DRIVE) - WEST15'-0" minPARCEL 1:LOT 75 LESS THE NORTH 10 FEET THEREOF AND ALL OF LOTS 76 AND 77; THAT PART OF LOT 123 OF LLOYD-WHITE-SKINNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:BEGINNING AT THE SOUTHEAST CORNER OF LOT 123 AND RUNNING THENCE ALONG ITS EASTERLY BOUNDARY, 25 FEET; THENCE WESTELY IN A STRAIGHT LINE TO A POINT IN THE WESTERLY BOINDARY OF SAID LOT, WHICH IS MIDWAY BETWEEN ITS NORTHWEST AND SOUTHWEST CORNERS; THENCE SOUTHERLY ALONG THE WESTERLY BOUNDARY OF SAID LOT, 25 FEET, MORE OR LESS, TO THE SOUTHWEST CORNER OF SAID LOT; THENCE EASTERLY ALONG THE SOUTHERLY BOUNDARY OF SAID LOT TO THE POINT OF BEGINNING.ANDLOTS 124, 125, 126 AND 127, LLOYD-WHITE-SKINNER SUBDIVISION, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, LESS THAT PART OF LOT 127 DESCRIBED AS FOLLOWS:BEGINNING AT THE NORTHWEST CORNER OF SAID LOT AND RUNNING EASTERLY 3 FEET ALONG THE NORTH BOUNDARY; THENCE SOUTHWESTERLY IN A STRAIGHT LINE TO THE SOUTHWEST CORNER OF SAID LOT; THENCE NORTH ALONG THE WESTERLY BOUNDARY TO THE POINT OF BEGINNING.ANDLOTS 128 AND 129, LLOYD-WHITE-SKINNER SUBDIVISION, ACCORDING TO TH EPLAT THEREOF RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA.ANDLOTS 72, 73, 121, 122 AND THE NORTH ONE-HALF OF LOT 123, LLOYD- WHITE-SKINNER SUBDIVISION, ACCORDNG TO THE PLAT THEREOF RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA.AND LOT 74 AND THE NORTH 10 FEET OF LOT 75, LLOYD- WHITE-SKINNER SUBDIVISION, ACCORDNG TO THE PLAT THEREOF RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA.TOTAL COMBINED SITE AREA CONTAINS 86,880 SQUARE FEET OR 1.99 ACRES, MORE OR LESS.DENSITY99.5(50 Guestrooms/Acre Max)12710'-0" - 15'-0"FRONT - (S. GULFVIEW BLVD) - EASTSIDE - (5TH STREET) - NORTH 0'-0" - 15'-0"0'-0"(Beach by Design) 150 FT 150 FTFLOOR PLATE CALCULATIONBetween 45' and 100', the floorplate will be no greater than 25,000 SF except for Parking Structures open to the Public.25,000 SF15'-0"0'-0"PARCEL 2 (.426 Acres)PARCEL 1 (1.99 Acres)(EXISTING KEY COUNT)21.3 21DENSITY POOL (BEACH BY DESIGN) 100 100248TOTALINT. SIDE - SOUTH0'-0" - 10'-0" 6'-2" min.PARKING CALCULATIONGUESTROOMS(1.2 per key)248 KEYS 297.6LOADING REQUIREMENTS2 (12X35)Between 100' and 150', the floorplate will be no greater than 10,000 SF. Deviations may be approved provided the mass and scale of design creates a tiered effect and complies with the maximum building envelope allowance above 45'. 10,000 SFDESIGN GUIDELINESALLOWED/ REQUIREDPROVIDED556N/A18,245 SF18,245 SF( ENVELOPE <75%)PARCEL 2:LOT 79 AND 80 OF LLOYD-WHITE-SKINNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA.AND ALSO:LOT 78, LLOYD-WHITE-SKINNER SUBDIVISION, AS AFORESAID TOGETHER WITH THE FOLLOWING PARCEL OF LAND BEGINNING IN THE NW CORNER OF LOT 127, LLOYD-WHITE-SKINNER SUBDIVISION, AS AFORESAID AS A P.O.B. RUN THENCE EASTERLY ALONG THE NORTHERLY PROPERTY LINE OF SAID LOT A DISTANCE OF 3 FEET; THENCE SOUTHWESTERLY TO THE SW CORNER OF SAID LOT; THENCE RUN NORTHERLY ALONG THE WESTERLY LOT LINE OF SAID LOT TO P.O.B.THE SUBJECT PARCEL CONTAINS 18,565.20 SQUARE FEET OR 0.426 ACRES, MORE OR LESS.220C:\Users\cvargas\Documents\19004 Alanik Hotel ClearwaterNEW_cavargasc.rvt9/4/2019 5:49:55 PMALANIK HOTEL421 SOUTH GULFVIEW BOULEVARD, CLEARWATER FL 33767A-0.0209/05/2019
0° 00' 00"
111.04'
S W
R=
L=26.31'
567.00'
R=
L=325.11'
567.00'
5
4
°
2
2'
0
5
"
1
0
0
.
0
3'SWR =
L =1 70 .0 4'77 7.00 '
R=
L=34.85'
777.00'0° 00' 00"
85.15'
N E R=
L=60.01'
777.00'
R=
L=10.00'
777.00'82° 58' 18"211.59'NECORONADO DRIVE
G U LFV IE W B O U LEV A R D5th STREETROOF
SPA DECK
(MORNING
DECK)
BALLROOM
ROOF
PARKING
PEDESTRIAN BRIDGE LINK
TO OPAL SANDS RESORT.
MORE THAN 17'-0" ABOVE
STREET LEVEL
RESTAURANT
SPACE
AT GRADE LEVEL
RETAIL SPACE
AT GRADE LEVEL
RETAIL SPACE
AT GRADE LEVEL
POOL DECK
EVENT LAWN
SWIMMING
POOL
PROPOSED 14
STORY HOTEL
TOWER
SPA POOL
RESTAURANT
TERRACE
4' - 6"
19' - 0"
49' - 10"
GARAGE
ACCESS
GARAGE
ACCESSSETBACK15' - 0"STEPBACK15' - 0"SETBACK5'
- 0"SETBACK15'
-
0"STEPBACK15'
-
0"
SETBACK
15' - 0"
SEPARATION BETWEEN STRUCTURES HIGHER THAN 100 FT.
R 100' - 0"
58' - 8 3/4"65' - 2"
175' - 6"
65' - 2"
49' - 10"
COOLING
TOWERS
S E TBAC K6' - 2"PARCEL 2
PARCEL 1
ZERO SETBACK
PROPOSED FOR
PARCEL 2
PROPOSED REDUCTION
IN SETBACK FOR A MORE
EFFICIENT PARKING
ZERO SETBACK
PROPOSED FOR PARCEL 1
AS PER DEVELOPMENT
AGREEMENT
OPAL SANDS
HOTEL
P A R C E L 2 - G U L F V IE W F R O N T A G E (Z E R O S E T B A C K )COASTAL CONSTRUCTION
CONTROL LINE. SEE SURVEY.35' - 0"70' R/W
BICYCLE RACK
BICYCLE RACK
BICYCLE RACK
APPROXIMATE
FLOOD ZONE LINE
APPROXIMATE
FLOOD ZONE LINE
APPROXIMATE
FLOOD ZONE LINE
APPROXIMATE FLOOD ZONE LINETO TOWER73' - 4"TO TOWER85' - 9 1/4"LANDSCAPE BUFFER TO TOWER55' - 3 1/8"183' - 0 1/2" T O TO W E R
24' - 4"SETBACK10' - 0"STEPBACK27' - 4 1/8"80' - 4"
LANDSCAPE BUFFER
25' - 0"TO TOWER12' - 3 3/4"C:\Users\ayeaman\Documents\19004 Alanik Hotel ClearwaterNEW_ayeaman.rvt10/8/2019 5:59:48 PMALANIK HOTEL
421 SOUTH GULFVIEW BOULEVARD, CLEARWATER FL 33767
A-0.03
09/05/2019
1" = 20'-0"A-0.03
1 SITE PLAN
UPUPUPUPUP94' - 0 7/8"26' - 11 23/32"81' - 2 1/2"27' - 6 11/32"3,352.90 SQ.FT.1,798 SQ.FT.49.42%CORONADO STREET FRONTAGE= 100% = 449.415' STEPBACK REQUIRED = 75% = 337.06' STEPBACK PROVIDED 49.42% + 5.76% + 20.03%= 75.21% = 338.03'AREA OF STEPBACK REQUIRED 337.06' x 15' = 5,055.9 SQ.FT.AREA OF STEPBACK PROVIDED = 5,123.07 SQ.FT.AREA OF ADDITIONAL STEPBACK PROVIDED = 1,798 SQ.FT.TOTAL AREA OF STEPBACK PROVIDED = 6,921.07 SQ.FT.70' - 3 7/32"398.40 SQ.FT.1,371.77 SQ.FT.15' - 0"15' - 0"15' - 0"15' - 0"11 ' - 8 1 /4"15' SETBACK LINE15' STEPBACK LINEPROPERTY LINE0° 00' 00"111.04'SW19° 05' 04"325.11'SE5 4 ° 2 2 ' 0 5 "1 0 0 .0 3 'S
W
1° 19' 06"26.31'SEP RO PE RT Y LI NE PROPERTY LINEPRO PER TY LINEPROPERTY LINE5 6 ° 2 7 ' 4 9 "1 1 0 .3 8 'S
W
0° 00' 00"85.15'NE1° 16' 47"34.85'NW13° 54' 01"170.04'NW82° 58' 18"
211.59'N E10' - 0"5' SETBACK LINE10' SETBACK LINE33' - 8"33' - 8"20.03%STEPBACK PROVIDED5' - 0"15' - 0"6' - 2"6' - 2"SETBACK PROVIDED85' - 10"15' SETBACK LINESETBACK PROVIDED25' - 10 13/16"90' - 0 11/32"101' - 0 5/8"5.76%STEPBACK17' - 4 3/16"15' -0"0050 P-24' -6"0000 P-124' -4"0150 P-343' -0"0250 P-50' -0"NAVD52' -4"0350 P-661' -8"0450 P-771' -0"0550 P-880' -4"0650 P-933' -8"0200 P-425' - 0"SETBACK15' - 0"STEPBACK15' - 0"STEPBACK PROVIDEDCORONADO DRIVE15' STEPBACK REQUIRED AT A HEIGHT OF 25' MAX.PROPERTY LINEGARAGEGARAGEGARAGEGARAGEGARAGEGARAGEGARAGEGARAGE5' - 2"90' -4"0750 P-10GARAGEC:\Users\cvargas\Documents\19004 Alanik Hotel ClearwaterNEW_cavargasc.rvt9/4/2019 5:50:23 PMALANIK HOTEL421 SOUTH GULFVIEW BOULEVARD, CLEARWATER FL 33767A-0.0409/05/20191" = 30'-0"A-0.041STEPBACK 0200 LEVEL1" = 20'-0"A-0.042PARKING GARAGE SECTION
UPUPUP3,352.90 SQ.FT.1,798 SQ.FT.15' - 0"15' - 0"26' - 11 23/32"15' - 0"15' - 0"POOL52' - 4"49' - 10"15' SETBACK LINE15' STEPBACK LINEPROPERTY LINEP RO PE RT Y LI NE PROPERTY LINEPROPERTY LINEPROPERTY LINE5' SETBACK LINE10' SETBACK LINE0° 00' 00"111.04'SW1° 19' 06"26.31'SE19° 05' 04"325.11'SE82° 58' 18"
211.59'N E 0° 00' 00"85.15'NE1° 16' 47"34.85'NW13° 54' 01"170.04'NW5 6 ° 2 7 ' 4 9 "1 1 0 .3 8 'S W54° 2 2 ' 0 5 "1 0 0 .0 3 'S W 5' - 0"STEPBACK PROVIDED10' - 0"6' - 2"6' - 2"SETBACK PROVIDED15' - 0"15' SETBACK LINESETBACK PROVIDED49.42%398.40 SQ.FT.1,371.77 SQ.FT.20.03%5.76%101' - 0 5/16"94' - 0 7/8"90' - 0 11/32"CORONADO STREET FRONTAGE= 100% = 449.415' STEPBACK REQUIRED = 75% = 337.06' STEPBACK PROVIDED 49.42% + 5.76% + 20.03%= 75.21% = 338.03'AREA OF STEPBACK REQUIRED 337.06' x 15' = 5,055.9 SQ.FT.AREA OF STEPBACK PROVIDED = 5,123.07 SQ.FT.AREA OF ADDITIONAL STEPBACK PROVIDED = 1,798 SQ.FT.TOTAL AREA OF STEPBACK PROVIDED = 6,921.07 SQ.FT.STEPBACK17' - 4 3/16"C:\Users\cvargas\Documents\19004 Alanik Hotel ClearwaterNEW_cavargasc.rvt9/4/2019 5:50:26 PMALANIK HOTEL421 SOUTH GULFVIEW BOULEVARD, CLEARWATER FL 33767A-0.0509/05/20191" = 30'-0"A-0.051STEPBACK 0300 LEVEL
UP
UP
UP
UP
UP
UP
UP
UP
61600 SF
GARAGE
379 SF
ELEV.179 SF
ELEV.
365 SF
ELEV.
673 SF
STAIR
765 SF
STAIR
2844 SF
SERVICE CORRIDOR2208 SF
LOADING
5879 SF
B.O.H
Area Legend
8- BOH
9- RETAIL
12- CIRCULATION
13- VERTICAL CIRCULATION
14- PARKING
16-DECKS, TERRACES &
BALCONIES
2161 SF
RESTAURANT/
ACCESSORY
311 SF
STAIR
2612 SF
COMMERCIAL/RETAIL/
ACCESSORY
3706 SF
TERRACE
911 SF
POOL EQUIPMENT
VALET
BARRIER
302 SF
B.O.H
SELF PARKI
NGVALET PARKI
NGUP 8.33%UP 15.96%VALET PARKING
IN
OUT ONLY
OUT
IN
OUT
ELEV.
VALET TANDEM
VALET OVERFLOW
BEACH ACCESS
ELEVATORS
712 SF
STAIR
748 SF
STAIR
1990 SF
COMMERCIAL/RETAIL/
ACCESSORY
GARAGE ACCESS
GARAGE EXITPROPOSED SETBAC K6' - 2"R EQ U IRED SETBAC K10' - 0"REQUI
RED SETBACK5'
-
0"PROPOSED SETBACK17' - 11 19/32"SETBACK10' - 0"SETBACK15' - 0"
ACCESSIBLE RAMP
RAMP UP TO
LOBBY LEVEL
RAMP DOWN
FROM LOBBY
LEVEL
CORONADO DRIVE
G U LFV IE W BO U LE VA R D
5th STREETTRASH
COMPACTOR
12' x 35'
LOADING
SPACES
BEACH
ACCESS
ELEVATOR
BEACH ACCESS STAIR
VALET EXIT
SETBACK
15' - 0"SETBACK15' - 0"SETBACK
15' - 0"
ELEVATOR
VESTIBULE
OUT ONLY
BEACH ACCESS STAIR
BICYCLE RACK
BICYCLE RACK
BICYCLE RACK
OPAL SANDS
HOTEL
COASTAL CONSTRUCTION
CONTROL LINE. SEE
SURVEY.
APPROXIMATE
FLOOD ZONE LINE
APPROXIMATE
FLOOD ZONE LINE
APPROXIMATE
FLOOD ZONE
LINE
APPROXIMATE
FLOOD ZONE LINE 82' - 5 3 /1 6"7 ' - 7 5 /3 2 "171 SF
B.O.H
1552 SF
COMMERCIAL/RETAIL/
ACCESSORY
PEDESTRIAN BRIDGE
PROJECTION ABOVE
LANDSCAPE BUFFER
LANDSCAPE BUFFER
25' - 0"C:\Users\ayeaman\Documents\19004 Alanik Hotel ClearwaterNEW_ayeaman.rvt10/7/2019 11:00:55 AMALANIK HOTEL
421 SOUTH GULFVIEW BOULEVARD, CLEARWATER FL 33767
A-0.06
09/05/2019
1" = 20'-0"A-0.06
1 0000 P-1
PARKING SCHEDULE
294 SELF PARKING
154 VALET
11 VALET DRIVEWAY
21 VALET OVERFLOW
76 VALET TANDEM
556
DNUPUPUPUPUPUPUPUPUPUPDNUPUPUPUPUPUP4004 SFRESTAURANT420 SFFRONT DESK763 SFOFFICES951 SFRESTROOMS2536 SFB.O.H1944 SFCAFE/BAR3710 SFKITCHEN7056 SFLOBBYArea Legend2- F&B5- FOOD SERVICE6- LOBBY7- FRONT DESK8- BOH13- VERTICAL CIRCULATION14- PARKING15- POOL16-DECKS, TERRACES &BALCONIES17089 SFPOOL DECK2753 SFPOOLVALET BARRIERSELF PARKING
V A LE T P A R KIN G
30' - 0"50' - 0"19' - 0"RAMP UP 4.97%17' - 0"16' - 6"15.47%8.52%8.20%12.90%14.46%8.04%9.53%102 SFELEV.BEACH ACCESS ELEVATORSOPEN TO BELOWOPEN TO BELOWIN 11.23%34145 SFGARAGE765 SFSTAIR184 SFELEV.674 SFSTAIR15' - 0"15' - 0"17' - 0"19' - 0"OPEN TO BELOWDROP OFF 258 SFFIRE COMMANDCORONADO DRIVEGULFVIEW BOULEVARD5 t h S T R E E TSETBACK15' - 0"SETBACK15' - 0"SETBACK15' - 0"SETBACK10' - 0"SETBACK5' - 0"PROPOSED SETBACK6' - 2"SETBACK15' - 0"UP 6.00%UP 14.69%D OW N 8.33%15.96%788 SFSTAIR12' - 0"EVENT LAWNRAMP UP 4.65%COASTAL CONSTRUCTION CONTROL LINE. SEE SURVEY.APPROXIMATE FLOOD ZONE LINEAPPROXIMATE FLOOD ZONE LINEAPPROXIMATE FLOOD ZONE LINEAPPROXIMATE FLOOD ZONE LINEBEACH ACCESS ELEVATORBEACH ACCESS STAIRBEACH ACCESS STAIR82' - 5 3/16"7' - 7 5/32"447 SFB.O.HPEDESTRIAN BRIDGE PROJECTION ABOVEC:\Users\cvargas\Documents\19004 Alanik Hotel ClearwaterNEW_cavargasc.rvt9/4/2019 5:50:37 PMALANIK HOTEL421 SOUTH GULFVIEW BOULEVARD, CLEARWATER FL 33767A-0.0709/05/2019PARKING SCHEDULE294 SELF PARKING154 VALET11 VALET DRIVEWAY21 VALET OVERFLOW76 VALET TANDEM5561" = 20'-0"A-0.0710100 LEVEL / P-2
UPUPUPUPUPUPUPUPDNUPUPUP1524 SFB.O.H33849 SFGARAGE765 SFSTAIR184 SFELEV.674 SFSTAIRLEVEL 100 BELOWLEVEL 100 BELOWBEACH ACCESS ELEVATORSU P 6.00%UP 14.69%DOW N 14.69%DOW N 6.04%VALET BARRIERSELF PARKING
V A LE T P A R KIN G
24' - 4"24' - 4"2368 SFB.O.H790 SFSTAIRArea Legend8- BOH13- VERTICAL CIRCULATION14- PARKINGSETBACK15' - 0"SETBACK5' - 0"SETBACK10' - 0"PROPOSED SETBACK6' - 2"SETBACK15' - 0"SETBACK15' - 0"SETBACK15' - 0"CORONADO DRIVEGULFVIEW BOULEVARD5 t h S T R E E TSETBACK10' - 0"C:\Users\cvargas\Documents\19004 Alanik Hotel ClearwaterNEW_cavargasc.rvt9/4/2019 5:50:45 PMALANIK HOTEL421 SOUTH GULFVIEW BOULEVARD, CLEARWATER FL 33767A-0.0809/05/2019PARKING SCHEDULE294 SELF PARKING154 VALET11 VALET DRIVEWAY21 VALET OVERFLOW76 VALET TANDEM5561" = 20'-0"A-0.0810150 P-3
UPUPDNDNUPDNUPDNUPUPUPUP9348 SFBALLROOM5547 SFPRE-FUNCTION2015 SFSERVICE CORRIDOR889 SFSTAIR184 SFELEV.624 SFMR#974 SFMR#922 SFMR#625 SFMR#637 SFMR#630 SFMR#954 SFRESTROOMS3259 SFFOOD SERVICE1428 SFMEP729 SFPANTRY3465 SFPRE-FUNCTION2752 SFLOBBYOPEN TO BELOWArea Legend3- MEETING3.5- PRE-FUNCTION5- FOOD SERVICE7- FRONT DESK8- BOH12- CIRCULATION13- VERTICAL CIRCULATION14- PARKING467 SFRESTROOMS46' - 1 3/4"37' - 1 5/8"39' - 3 3/8"548 SFMR#617 SFMR#13' - 8"75' - 0"1496 SFPRE-FUNCTION /BALLROOM37' - 6"37' - 6"SELF PARKINGUP 14.69%UP 6.00%DOW N 14.69%DOW N 6.04%448 SFOFFICES731 SFRESTROOMS816 SFSTAIRELEV.SETBACK15' - 0"STEPBACK15' - 0"15372 SFGARAGESETBACK10' - 0"SETBACK15' - 0"STEPBACK15' - 0"BEACH ACCESS ELEVATORS33' - 8"33' - 8"33' - 8"87 SFB.O.HSETBACK5' - 0"SETBACK6' - 2"SETBACK15' - 0"SETBACK15' - 0"CORONADO DRIVEGULFVIEW BOULEVARD5 t h S T R E E TPEDESTRIAN BRIDGE LINK TO OPAL SANDS RESORT. MORE THAN 17'-0" FEET ABOVE STREET LEVEL.STEPBACK17' - 4 1/8"8.33%8.31%8.32%1281 SFBRIDGEC:\Users\cvargas\Documents\19004 Alanik Hotel ClearwaterNEW_cavargasc.rvt9/4/2019 5:50:58 PMALANIK HOTEL421 SOUTH GULFVIEW BOULEVARD, CLEARWATER FL 33767A-0.0909/05/20191" = 20'-0"A-0.0910200 LEVEL / P-4PARKING SCHEDULE294 SELF PARKING154 VALET11 VALET DRIVEWAY21 VALET OVERFLOW76 VALET TANDEM556
UPUPUPUPUPUPUPUPUPUPUPUP861 SFSTAIR308 SFSTAIR184 SFELEV.15414 SFGARAGESELF PARKINGUP 6.00%D OW N 14.69%D O W N 6.04%Area Legend13- VERTICAL CIRCULATION14- PARKING16-DECKS, TERRACES &BALCONIESBEACH ACCESS ELEVATORSOPEN TO LEVEL 200 BELOWCORONADO DRIVEGULFVIEW BOULEVARD5 t h S T R E E TSETBACK15' - 0"STEPBACK15' - 0"SETBACK10' - 0"SETBACK15' - 0"STEPBACK15' - 0"SETBACK5' - 0"SETBACK6' - 2"SETBACK15' - 0"SETBACK15' - 0"UP 14.69%STEPBACK17' - 4 1/8"234 SFPOOL DECKOPEN TO LEVEL 200 BELOWC:\Users\cvargas\Documents\19004 Alanik Hotel ClearwaterNEW_cavargasc.rvt9/4/2019 5:51:11 PMALANIK HOTEL421 SOUTH GULFVIEW BOULEVARD, CLEARWATER FL 33767A-0.1009/05/20191" = 20'-0"A-0.1010250 P-5PARKING SCHEDULE294 SELF PARKING154 VALET11 VALET DRIVEWAY21 VALET OVERFLOW76 VALET TANDEM556
UPDNUPUPUPUPDNUPUP1829 SFCORRIDOR160 SFLOBBYArea Legend1- GUESTROOMS4- RECREATIONAL5- FOOD SERVICE8- BOH12- CIRCULATION13- VERTICAL CIRCULATION14- PARKING15- POOL16-DECKS, TERRACES &BALCONIES953 SFSPA LOBBY5276 SFPOOL DECK450 SFPOOLBALLROOM OPEN TO BELOWROOFOPEN TO BELOW3 0 ' - 0 "15' - 0"160BEACH ACCESS ELEVATORS208 SFSTAIR15644 SFGARAGE184 SFELEV.341 SFSTAIR5276 SF/30176 PEOPLESELF PARKINGDOWN 14.69%D O W N 6.04%UP 6.00%UP 14.69%52' - 4"52' - 4"33' - 8"49' - 10"3221 SFSPA1552 SFFITNESS CENTER199 SFPOOL EQUIP.CORONADO DRIVEGULFVIEW BOULEVARD5 t h S T R E E TSETBACK15' - 0"SETBACK15' - 0"SETBACK15' - 0"STEPBACK15' - 0"SETBACK10' - 0"SETBACK5' - 0"SETBACK6' - 2"6' - 0"34' - 0"43' - 4"STEPBACK15' - 0"SETBACK15' - 0"40' - 0"864 SFMEP431 SFPOOL EQUIP.STEPBACK17' - 4 1/8"C:\Users\cvargas\Documents\19004 Alanik Hotel ClearwaterNEW_cavargasc.rvt9/4/2019 5:51:22 PMALANIK HOTEL421 SOUTH GULFVIEW BOULEVARD, CLEARWATER FL 33767A-0.1109/05/20191" = 20'-0"A-0.1110300 LEVEL / P-6
UPUPUPUPUPUPUP250 SFLOBBY1847 SFCORRIDOR531 SFB.O.HArea Legend1- GUESTROOMS5- FOOD SERVICE8- BOH12- CIRCULATION13- VERTICALCIRCULATION14- PARKING6' - 0"34' - 0"43' - 4"STEPBACK15' - 0"SETBACK15' - 0"61' - 8"61' - 8"49' - 10"BEACH ACCESS ELEVATORSSELF PARKINGUP 6.00%U P 14.69%DOW N 6.04%DO W N 14.69%15611 SFGARAGE208 SFSTAIR184 SFELEV.344 SFSTAIRBALLROOM ROOF BELOWOPEN TO SPA BELOWOPEN TO SPA BELOWCORONADO DRIVEGULFVIEW BOULEVARD5 t h S T R E E TSETBACK15' - 0"40' - 0"SETBACK15' - 0"SETBACK15' - 0"STEPBACK15' - 0"SETBACK10' - 0"SETBACK5' - 0"SETBACK6' - 2"431 SFB.O.HSTEPBACK17' - 4 1/8"151' - 10"19' - 2"21' - 3 1/8"143' - 11"C:\Users\cvargas\Documents\19004 Alanik Hotel ClearwaterNEW_cavargasc.rvt9/4/2019 5:51:34 PMALANIK HOTEL421 SOUTH GULFVIEW BOULEVARD, CLEARWATER FL 33767A-0.1209/05/20191" = 20'-0"A-0.1210400 LEVEL / P-7
UPUPUPUPUPUPUPUPUPArea Legend1- GUESTROOMS5- FOOD SERVICE8- BOH12- CIRCULATION13- VERTICAL CIRCULATION14- PARKINGBEACH ACCESS ELEVATORS15646 SFGARAGE208 SFSTAIR184 SFELEV.344 SFSTAIRDOW N 6.04%D O W N 14.69%DOW N 6.00%SELF PARKING
CORONADO DRIVEGULFVIEW BOULEVARD5 t h S T R E E TSETBACK15' - 0"SETBACK15' - 0"STEPBACK15' - 0"SETBACK10' - 0"SETBACK5' - 0"SETBACK6' - 2"SETBACK15' - 0"6' - 0"34' - 0"43' - 4"STEPBACK15' - 0"SETBACK15' - 0"40' - 0"STEPBACK17' - 4 1/8"430 SFB.O.H71' - 0"C:\Users\cvargas\Documents\19004 Alanik Hotel ClearwaterNEW_cavargasc.rvt9/4/2019 5:51:46 PMALANIK HOTEL421 SOUTH GULFVIEW BOULEVARD, CLEARWATER FL 33767A-0.1309/05/20191" = 20'-0"A-0.1310500 LEVEL / P-8
UPUPUPUPUPUPArea Legend1- GUESTROOMS5- FOOD SERVICE8- BOH12- CIRCULATION13- VERTICAL CIRCULATION1847 SFCORRIDOR250 SFLOBBY531 SFB.O.H229 SFMEP140 SFPANTRY111 SFMEP175 SFSTAIR186 SFSTAIR40' - 0"43' - 4"STEPBACK15' - 0"SETBACK15' - 0"SETBACK15' - 0"SETBACK10' - 0"SETBACK10' - 0"SETBACK5' - 0"SETBACK15' - 0"STEPBACK15' - 0"SETBACK6' - 2"CORONADO DRIVEGULFVIEW BOULEVARD5 t h S T R E E TSETBACK15' - 0"STEPBACK17' - 4 1/8"19' - 2"21' - 3 1/8"141' - 8 3/8"151' - 1"C:\Users\cvargas\Documents\19004 Alanik Hotel ClearwaterNEW_cavargasc.rvt9/4/2019 5:51:57 PMALANIK HOTEL421 SOUTH GULFVIEW BOULEVARD, CLEARWATER FL 33767A-0.1409/05/20191" = 20'-0"A-0.141TYPICAL FLOOR PLAN (LEVELS 600 TO 1700)
19' -0"0100 LEVEL33' -8"0200 LEVEL49' -10"0300 LEVEL59' -4"0400 LEVEL68' -10"0500 LEVEL78' -4"0600 LEVEL87' -10"0700 LEVEL97' -4"0800 LEVEL106' -10"0900 LEVEL116' -4"1000 LEVEL125' -10"1100 LEVEL135' -4"1200 LEVEL144' -10"1400 LEVEL154' -4"1500 LEVEL165' -0"ROOF LEVEL10' - 6"10' - 8"9' - 6"9' - 6"9' - 6"9' - 6"9' - 6"9' - 6"9' - 6"9' - 6"9' - 6"9' - 6"9' - 6"16' - 2"14' - 8"14' - 6"150' - 0"10' - 6"4' -6"0000 P-10' -0"NAVD15' -0"BFE17' -0"DROP-OFF8' - 6"1' - 0"5' - 0"2' - 0"6"11' - 4"13' - 10"15' - 6"13' - 6"175' -6"UPPER ROOF13' - 6"14' - 8"RRRSSSTTT3GUESTROOMCORRIDORFITNESSCENTERFITNESSTERRACEMEETINGPRE-FUNCTIONLOBBYHOTELDROP-OFFHOUSEKEEPINGSOILEDLINENHOLDINGSTORAGEB.O.HCORRIDORGARAGEPOOLDECKPOOLEQUIPMENTROOMPOOL16' - 6"17' - 0"19' - 0"6' - 0"GULFVIEW BOULEVARDCORONADO DRIVEC:\Users\cvargas\Documents\19004 Alanik Hotel ClearwaterNEW_cavargasc.rvt9/4/2019 5:52:18 PMALANIK HOTEL421 SOUTH GULFVIEW BOULEVARD, CLEARWATER FL 33767A-0.1909/05/20191" = 10'-0"A-0.191SECTION 1
BFE 15'-0" N.A.V.D34' - 10"10' - 6"6' - 0"150' - 0"10' - 6"14' - 6"45' - 4"150' - 0"10' - 6"70' - 4"10' - 6"RETAIL/ CAFE AT GROUND LEVELLANDSCAPE BUFFERPEDESTRIAN BRIDGE LINK TO OPAL SANDS RESORTRETAIL AT GROUND LEVELBEACH ACCESS STAIRBEACH ACCESS ELEVATORBEACH ACCESS STAIR76' - 4"10' - 6"211' - 4 1/4"67' - 4 3/8"31' - 7 1/2"147' - 0 1/8"27' - 2 1/8"53' - 5 3/8"74' - 7"5' - 0 1/2"50' - 1"31' - 7"BFE 15'-0" N.A.V.D14' - 6"10' - 6"150' - 0"6' - 0"34' - 10"10' - 6"15' - 0"15' - 0"31' - 2"10' - 6"14' - 6"54' - 10"15' - 0"14' - 0"BEACH ACCESS ELEVATORBEACH ACCESS STAIRACCESSIBLE RAMP34' - 10"10' - 6"7' - 0"69' - 4"10' - 6"16' - 0"14' - 10"LANDSCAPE BUFFERLANDSCAPE BUFFER64' - 5"7' - 7 1/8"82' - 5 1/4"10' - 0"9' - 5 7/8"63' - 4 7/8"98' - 11 1/8"71' - 7 7/8"35' - 11 5/8"48' - 7 3/4"38' - 0"11' - 8 5/8"52' - 6 7/8"27' - 9 3/8"92' - 2 1/2"19' - 10 1/4"24' - 5 3/8"139' - 7 3/8"48' - 7 3/8"86' - 0"74' - 7 7/8"35' - 3 1/8"201' - 3 1/4"25' - 10 3/4"36' - 9 1/8"BFE 15'-0" N.A.V.D15' - 0"10' - 0"10' - 6"70' - 4"34' - 10"10' - 6"20' - 8"10' - 6"14' - 2"10' - 6"14' - 6"54' - 10"25' - 0"92' - 2 1/2"139' - 7 3/8"24' - 5 3/8"19' - 10 1/4"22' - 2 1/2"52' - 7 3/8"BFE 15'-0" N.A.V.D14' - 6"4' - 0"10' - 6"6' - 0"150' - 0"10' - 6"70' - 4"10' - 6"14' - 6"10' - 6"10' - 0"54' - 10"25' - 0"PEDESTRIAN BRIDGE LINK TO OPAL SANDS RESORTRETAIL AT GROUND LEVELLANDSCAPE BUFFERRETAIL/ CAFE AT GROUND LEVELBEACH ACCESS STAIR14' - 10"16' - 0"50' - 1"31' - 7"5' - 0"C:\Users\cvargas\Documents\19004 Alanik Hotel ClearwaterNEW_cavargasc.rvt10/7/2019 10:21:06 AMALANIK HOTEL421 SOUTH GULFVIEW BOULEVARD, CLEARWATER FL 33767A-0.2209/05/2019A-0.221NORTH GULFVIEW BOULEVARDA-0.222NORTH CORONADO DRIVEA-0.223SOUTH CORONADO DRIVEA-0.224SOUTH GULFVIEW BOULEVARD
DNDNCORONADO DRIVEGULFVIEW BOULEVARD5t h STREE TPROPOSED HOTEL TOWER4' - 6"CAFE/BAR TERRACE800' - 0"800' - 0"800' - 0"800' - 0"800' - 0"R 100' - 0"C:\Users\cvargas\Documents\19004 Alanik Hotel ClearwaterNEW_cavargasc.rvt9/4/2019 6:05:01 PMALANIK HOTEL421 SOUTH GULFVIEW BOULEVARD, CLEARWATER FL 33767A-0.2309/05/20191" = 100'-0"A-0.231SITE PLAN TOWER SEPARATIONBUILDING HEIGHT MAY BE INCREASED TO ONE HUNDRED AND FIFTY FEET (150') IF: PORTIONS OF ANY STRUCTURE WHICH EXCEED ONE HUNDRED FEET(100') IN HEIGHT ARE SPACED AT LEAST ONE HUNDRED (100') APART; WITH NO MORE THAN FOUR (4) STRUCTURES WHICH EXCEED ONE HUNDRED FEET (100') WITHIN EIGHT HUNDRED FEET (800')
C:\Users\cvargas\Documents\19004 Alanik Hotel ClearwaterNEW_cavargasc.rvt9/4/2019 5:57:02 PMALANIK HOTEL421 SOUTH GULFVIEW BOULEVARD, CLEARWATER FL 33767A-0.2809/05/2019Area Schedule (0300 SERIES)Level Name Count Area DepartmentSCHEDULE TYPE0900 LEVEL B.O.H 1 531 SF8- BOH0900 LEVEL MEP 2 340 SF8- BOH1000 LEVEL B.O.H 1 531 SF8- BOH1000 LEVEL MEP 2 340 SF8- BOH1100 LEVEL B.O.H 1 531 SF8- BOH1100 LEVEL MEP 2 340 SF8- BOH1200 LEVEL B.O.H 1 531 SF8- BOH1200 LEVEL MEP 2 340 SF8- BOH1400 LEVEL B.O.H 1 531 SF8- BOH1400 LEVEL MEP 2 340 SF8- BOH1500 LEVEL B.O.H 1 531 SF8- BOH1500 LEVEL MEP 2 340 SF8- BOH56 38,028 SF0000 P-1 RESTAURANT/ACCESSORY1 2,161 SF9- RETAIL0000 P-1 RETAIL/ ACCESSORY 2 4,603 SF9- RETAIL3 6,763 SF0000 P-1 LOBBY 1 321 SF 12- CIRCULATION0200 LEVEL BRIDGE 1 1,281 SF 12- CIRCULATION0200 LEVEL LOBBY 1 2,752 SF 12- CIRCULATION0300 LEVEL CORRIDOR 1 1,829 SF 12- CIRCULATION0300 LEVEL LOBBY 1 160 SF 12- CIRCULATION0300 LEVEL SPA LOBBY 1 953 SF 12- CIRCULATION0400 LEVEL CORRIDOR 1 1,847 SF 12- CIRCULATION0400 LEVEL LOBBY 1 250 SF 12- CIRCULATION0500 LEVEL CORRIDOR 1 1,847 SF 12- CIRCULATION0500 LEVEL LOBBY 1 250 SF 12- CIRCULATION0600 LEVEL CORRIDOR 1 1,847 SF 12- CIRCULATION0600 LEVEL LOBBY 1 250 SF 12- CIRCULATION0700 LEVEL CORRIDOR 1 1,847 SF 12- CIRCULATION0700 LEVEL LOBBY 1 250 SF 12- CIRCULATION0800 LEVEL CORRIDOR 1 1,847 SF 12- CIRCULATION0800 LEVEL LOBBY 1 250 SF 12- CIRCULATION0900 LEVEL CORRIDOR 1 1,847 SF 12- CIRCULATION0900 LEVEL LOBBY 1 250 SF 12- CIRCULATION1000 LEVEL CORRIDOR 1 1,847 SF 12- CIRCULATION1000 LEVEL LOBBY 1 250 SF 12- CIRCULATION1100 LEVEL CORRIDOR 1 1,847 SF 12- CIRCULATION1100 LEVEL LOBBY 1 250 SF 12- CIRCULATION1200 LEVEL CORRIDOR 1 1,847 SF 12- CIRCULATION1200 LEVEL LOBBY 1 250 SF 12- CIRCULATION1400 LEVEL CORRIDOR 1 1,847 SF 12- CIRCULATION1400 LEVEL LOBBY 1 250 SF 12- CIRCULATION1500 LEVEL CORRIDOR 1 1,847 SF 12- CIRCULATION1500 LEVEL LOBBY 1 250 SF 12- CIRCULATION28 30,366 SF0000 P-1 ELEV. 3 655 SF 13- VERTICAL CIRCULATION0000 P-1 STAIR 7 3,735 SF 13- VERTICAL CIRCULATION0100 LEVEL ELEV. 3 672 SF 13- VERTICAL CIRCULATION0100 LEVEL STAIR 6 3,446 SF 13- VERTICAL CIRCULATION0150 P-3 STAIR 3 2,230 SF 13- VERTICAL CIRCULATION0200 LEVEL ELEV. 3 675 SF 13- VERTICAL CIRCULATION0200 LEVEL STAIR 5 3,333 SF 13- VERTICAL CIRCULATION0250 P-5 STAIR 1 861 SF 13- VERTICAL CIRCULATION0300 LEVEL ELEV. 2 578 SF 13- VERTICAL CIRCULATION0300 LEVEL STAIR 3 645 SF 13- VERTICAL CIRCULATION0400 LEVEL ELEV. 2 578 SF 13- VERTICAL CIRCULATION0400 LEVEL STAIR 3 603 SF 13- VERTICAL CIRCULATION0500 LEVEL ELEV. 2 578 SF 13- VERTICAL CIRCULATION0500 LEVEL STAIR 3 603 SF 13- VERTICAL CIRCULATION0600 LEVEL ELEV. 2 578 SF 13- VERTICAL CIRCULATION0600 LEVEL STAIR 3 603 SF 13- VERTICAL CIRCULATION0700 LEVEL ELEV. 2 578 SF 13- VERTICAL CIRCULATION0700 LEVEL STAIR 3 603 SF 13- VERTICAL CIRCULATION0800 LEVEL ELEV. 2 578 SF 13- VERTICAL CIRCULATION0800 LEVEL STAIR 3 603 SF 13- VERTICAL CIRCULATION0900 LEVEL ELEV. 2 578 SF 13- VERTICAL CIRCULATION0900 LEVEL STAIR 3 603 SF 13- VERTICAL CIRCULATION1000 LEVEL ELEV. 2 578 SF 13- VERTICAL CIRCULATION1000 LEVEL STAIR 3 603 SF 13- VERTICAL CIRCULATION1100 LEVEL ELEV. 2 578 SF 13- VERTICAL CIRCULATION1100 LEVEL STAIR 3 603 SF 13- VERTICAL CIRCULATION1200 LEVEL ELEV. 2 578 SF 13- VERTICAL CIRCULATION1200 LEVEL STAIR 3 603 SF 13- VERTICAL CIRCULATION1400 LEVEL ELEV. 2 578 SF 13- VERTICAL CIRCULATION1400 LEVEL STAIR 3 603 SF 13- VERTICAL CIRCULATION1500 LEVEL ELEV. 2 578 SF 13- VERTICAL CIRCULATION1500 LEVEL STAIR 3 603 SF 13- VERTICAL CIRCULATION91 29,827 SFTOTAL462 296,485 SFArea Schedule (0300 SERIES)Level Name Count Area DepartmentSCHEDULE TYPE0300 LEVEL BAY / ROOM 16 10,662 SF 1- GUESTROOMS0400 LEVEL BAY / ROOM 22 11,488 SF 1- GUESTROOMS0500 LEVEL BAY / ROOM 22 11,488 SF 1- GUESTROOMS0600 LEVEL BAY / ROOM 22 11,488 SF 1- GUESTROOMS0700 LEVEL BAY / ROOM 22 11,488 SF 1- GUESTROOMS0800 LEVEL BAY / ROOM 22 11,488 SF 1- GUESTROOMS0900 LEVEL BAY / ROOM 22 11,488 SF 1- GUESTROOMS1000 LEVEL BAY / ROOM 22 11,488 SF 1- GUESTROOMS1100 LEVEL BAY / ROOM 22 11,488 SF 1- GUESTROOMS1200 LEVEL BAY / ROOM 19 11,488 SF 1- GUESTROOMS1400 LEVEL BAY / ROOM 19 11,488 SF 1- GUESTROOMS1500 LEVEL BAY / ROOM 18 11,488 SF 1- GUESTROOMS248 137,030 SF0100 LEVEL CAFE/BAR 1 1,944 SF2- F&B0100 LEVEL RESTAURANT 1 4,004 SF2- F&B2 5,947 SF0200 LEVEL BALLROOM 1 9,348 SF3- MEETING0200 LEVEL MR# 8 5,578 SF3- MEETING0200 LEVEL PRE-FUNCTION /BALLROOM1 1,496 SF3- MEETING10 16,422 SF0200 LEVEL PRE-FUNCTION 2 9,012 SF 3.5- PRE-FUNCTION2 9,012 SF0300 LEVEL FITNESS CENTER 1 1,552 SF 4- RECREATIONAL0300 LEVEL SPA 1 3,221 SF 4- RECREATIONAL2 4,773 SF0100 LEVEL KITCHEN 1 3,710 SF 5- FOOD SERVICE0200 LEVEL FOOD SERVICE 1 3,259 SF 5- FOOD SERVICE0200 LEVEL PANTRY 1 729 SF 5- FOOD SERVICE0300 LEVEL PANTRY 1 136 SF 5- FOOD SERVICE0400 LEVEL PANTRY 1 140 SF 5- FOOD SERVICE0500 LEVEL PANTRY 1 140 SF 5- FOOD SERVICE0600 LEVEL PANTRY 1 140 SF 5- FOOD SERVICE0700 LEVEL PANTRY 1 140 SF 5- FOOD SERVICE0800 LEVEL PANTRY 1 140 SF 5- FOOD SERVICE0900 LEVEL PANTRY 1 140 SF 5- FOOD SERVICE1000 LEVEL PANTRY 1 140 SF 5- FOOD SERVICE1100 LEVEL PANTRY 1 140 SF 5- FOOD SERVICE1200 LEVEL PANTRY 1 140 SF 5- FOOD SERVICE1400 LEVEL PANTRY 1 140 SF 5- FOOD SERVICE1500 LEVEL PANTRY 1 140 SF 5- FOOD SERVICE15 9,371 SF0100 LEVEL LOBBY 1 7,056 SF6- LOBBY1 7,056 SF0100 LEVEL FIRE COMMAND 1 258 SF 7- FRONT DESK0100 LEVEL FRONT DESK 1 420 SF 7- FRONT DESK0100 LEVEL OFFICES 1 763 SF 7- FRONT DESK0200 LEVEL OFFICES 1 448 SF 7- FRONT DESK4 1,888 SF0000 P-1 B.O.H 3 6,639 SF8- BOH0000 P-1 LOADING 1 2,208 SF8- BOH0000 P-1 POOL EQUIPMENT 1 911 SF8- BOH0000 P-1 SERVICE CORRIDOR 1 2,844 SF8- BOH0100 LEVEL B.O.H 2 2,982 SF8- BOH0100 LEVEL RESTROOMS 1 951 SF8- BOH0150 P-3 B.O.H 2 3,892 SF8- BOH0200 LEVEL B.O.H 2 247 SF8- BOH0200 LEVEL MEP 1 1,428 SF8- BOH0200 LEVEL RESTROOMS 3 2,152 SF8- BOH0200 LEVEL SERVICE CORRIDOR 1 2,015 SF8- BOH0300 LEVEL B.O.H 1 531 SF8- BOH0300 LEVEL MEP 2 1,024 SF8- BOH0300 LEVEL POOL EQUIP. 2 630 SF8- BOH0400 LEVEL B.O.H 1 531 SF8- BOH0400 LEVEL MEP 2 340 SF8- BOH0500 LEVEL B.O.H 1 531 SF8- BOH0500 LEVEL MEP 2 340 SF8- BOH0600 LEVEL B.O.H 1 531 SF8- BOH0600 LEVEL MEP 2 340 SF8- BOH0700 LEVEL B.O.H 1 531 SF8- BOH0700 LEVEL MEP 2 340 SF8- BOH0800 LEVEL B.O.H 1 531 SF8- BOH0800 LEVEL MEP 2 340 SF8- BOHP1 Parking ScheduleParking Group Type Count CommentsSELF PARKINGPark_ParkingSpace 8' 6" x 18' - 90 deg 29 SELF PARKINGPark_ParkingSpace_ADA 12' x 18' - 90 deg ADA 1 SELF PARKING0000 P-1: 3030Park_ParkingSpace 8' 6" x 18' - 90 deg 38 SELF PARKINGPark_ParkingSpace_ADA 12' x 18' - 90 deg ADA 1 SELF PARKING0050 P-2: 3939Park_ParkingSpace 8' 6" x 18' - 90 deg 39 SELF PARKINGPark_ParkingSpace_ADA 12' x 18' - 90 deg ADA 1 SELF PARKING0150 P-3: 4040Park_ParkingSpace 8' 6" x 18' - 90 deg 29 SELF PARKINGPark_ParkingSpace_ADA 12' x 18' - 90 deg ADA 1 SELF PARKING0200 P-4: 3030Park_ParkingSpace 8' 6" x 18' - 90 deg 29 SELF PARKINGPark_ParkingSpace_ADA 12' x 18' - 90 deg ADA 1 SELF PARKING0250 P-5: 3030Park_ParkingSpace 8' 6" x 18' - 90 deg 29 SELF PARKINGPark_ParkingSpace_ADA 12' x 18' - 90 deg ADA 1 SELF PARKING0350 P-6: 3030Park_ParkingSpace 8' 6" x 18' - 90 deg 29 SELF PARKINGPark_ParkingSpace_ADA 12' x 18' - 90 deg ADA 1 SELF PARKING0450 P-7: 3030Park_ParkingSpace 8' 6" x 18' - 90 deg 29 SELF PARKINGPark_ParkingSpace_ADA 12' x 18' - 90 deg ADA 1 SELF PARKING0550 P-8: 3030Park_ParkingSpace 8' 6" x 18' - 90 deg 34 SELF PARKINGPark_ParkingSpace_ADA 12' x 18' - 90 deg ADA 1 SELF PARKING0650 P-9: 3535SELF PARKING: 294294VALETPark_ParkingSpace 8' 6" x 18' - 90 deg 85 VALET0000 P-1: 8585Park_ParkingSpace 8' 6" x 18' - 90 deg 34 VALET0050 P-2: 3434Park_ParkingSpace 8' 6" x 18' - 90 deg 35 VALET0150 P-3: 3535VALET: 154154VALET DRIVEWAYPark_ParkingSpace 23' x 9' Parallel 5 VALET DRIVEWAY0050 P-2: 55Park_ParkingSpace 23' x 9' Parallel 6 VALET DRIVEWAY0150 P-3: 66VALET DRIVEWAY: 1111VALET OVERFLOWPark_ParkingSpace 8' 6" x 18' - 90 deg 21 VALET OVERFLOW0000 P-1: 2121VALET OVERFLOW: 2121VALET TANDEMPark_ParkingSpace 8' 6" x 18' - 90 deg 57 VALET TANDEM0000 P-1: 5757Park_ParkingSpace 8' 6" x 18' - 90 deg 9 VALET TANDEM0050 P-2: 99Park_ParkingSpace 8' 6" x 18' - 90 deg 10 VALET TANDEM0150 P-3: 1010VALET TANDEM: 7676Grand total: 556556
14032 SFGROSS AREA3707 SFDECK/BALC./TERR.63454 SFPARKING5252 SFGROSS AREA2263 SFGROSS AREA765 SFGROSS AREA1991 SFGROSS AREA34457 SFPARKING801 SFGROSS AREA674 SFGROSS AREA765 SFGROSS AREA23828 SFGROSS AREA19825 SFDECK/BALC./TERR.34081 SFPARKING3180 SFGROSS AREA1628 SFGROSS AREA765 SFGROSS AREA679 SFGROSS AREA43031 SFGROSS AREA15458 SFPARKING832 SFDECK/BALC./TERR.2718 SFDECK/BALC./TERR.1281 SFGROSS AREA15945 SFPARKING1130 SFGROSS AREA21412 SFGROSS AREA5521 SFDECK/BALC./TERR.203 SFGROSS AREA3530 SFDECK/BALC./TERR.15777 SFGROSS AREA2497 SFDECK/BALC./TERR.15777 SFGROSS AREA2637 SFDECK/BALC./TERR.16808 SFPARKING16780 SFPARKING16814 SFPARKING16817 SFGARAGEC:\Users\cvargas\Documents\19004 Alanik Hotel ClearwaterNEW_cavargasc.rvt9/4/2019 5:57:27 PMALANIK HOTEL421 SOUTH GULFVIEW BOULEVARD, CLEARWATER FL 33767A-0.2909/05/2019GROSS AREA CALCULATION - HOTELLevel Area0000 P-1 24,601 SF0050 P-2 2,241 SF0100 LEVEL 23,828 SF0150 P-3 6,251 SF0200 LEVEL 44,312 SF0250 P-5 1,130 SF0300 LEVEL 21,615 SF0400 LEVEL 15,777 SF0500 LEVEL 15,777 SF0600 LEVEL 15,777 SF0700 LEVEL 15,777 SF0800 LEVEL 15,777 SF0900 LEVEL 15,777 SF1000 LEVEL 15,777 SF1100 LEVEL 15,777 SF1200 LEVEL 15,777 SF1400 LEVEL 15,777 SF1500 LEVEL 15,777 SFROOF LEVEL 2,009 SF299,533 SFGROSS AREA CALCULATION - PARKINGLevel Area0000 P-1 63,454 SF0050 P-2 34,457 SF0150 P-3 34,081 SF0200 LEVEL 15,458 SF0250 P-5 15,945 SF0350 P-6 16,808 SF0450 P-7 16,780 SF0550 P-8 16,814 SF0650 P-9 16,817 SF230,613 SFGROSS AREA CALCULATION - TERRACES ...Level Area0000 P-1 3,707 SF0100 LEVEL 19,825 SF0200 LEVEL 3,550 SF0300 LEVEL 9,051 SF0400 LEVEL 2,497 SF0500 LEVEL 2,637 SF0600 LEVEL 2,637 SF0700 LEVEL 2,637 SF0800 LEVEL 2,637 SF0900 LEVEL 2,637 SF1000 LEVEL 2,637 SF1100 LEVEL 2,637 SF1200 LEVEL 2,637 SF1400 LEVEL 2,637 SF1500 LEVEL 2,637 SF64,997 SF1" = 80'-0"A-0.2910000 P-11" = 80'-0"A-0.2920050 P-21" = 80'-0"A-0.2930100 LEVEL1" = 80'-0"A-0.2940150 P-31" = 80'-0"A-0.2950200 LEVEL / P-41" = 80'-0"A-0.2960250 P-51" = 80'-0"A-0.2970300 LEVEL1" = 80'-0"A-0.2980400 LEVEL1" = 80'-0"A-0.299TYPICAL LEVEL1" = 80'-0"A-0.29100350 P-61" = 80'-0"A-0.29110450 P-71" = 80'-0"A-0.29120550 P-81" = 80'-0"A-0.29130650 P-9
DNUPUPUPXP8P7P10P11HHGGDDCCFFEEJJBBDDDP91A-1.043A-1.045A-1.044A-1.04BALLROOMPREFUNCTION/BALLROOM33' - 8"26' - 0"GARAGESERVICECORRIDORELEVATORVESTIBULEELEVATORELEVATORSTAIR 4ELEVATORVESTIBULEELEVATORELEVATORSTAIR 5TERRACETERRACE AREAPEDESTRIAN BRIDGEPORTE COCHERE ROOFALANIK HOTELOPAL SANDS HOTELOPEN TERRACEHOTEL LOBBYC:\Users\cvargas\Documents\19004 Alanik Hotel ClearwaterNEW_cavargasc.rvt9/4/2019 5:57:31 PMALANIK HOTEL421 SOUTH GULFVIEW BOULEVARD, CLEARWATER FL 33767A-1.0309/05/20191" = 10'-0"A-1.031BRIDGE PLAN LEVEL 0200
UPDNUPUPP8P10P11HHGGDDCCFFEEJJDDDP91A-1.043A-1.045A-1.044A-1.04GULFVIEW BOULEVARDRETAILOUT ONLYGARAGE EXITEXISTING ACCESSIBLE ROUTESTAIR 5ELEVATORRETAILELEV.VESTIBULEELEVATORGARAGEELEVATORELEVATORHOTELLIMITEDACCESSLOBBYSTAIR 1HOTEL DROP-OFFSTAIR 48.33%5.00%PEDESTRIAN BRIDGE PROJECTION ABOVEALANIK HOTELOPAL SANDS HOTELNEW STRUCTURAL SUPPORT FOR PROPOSED PEDESTRIAN BRIDGE C:\Users\cvargas\Documents\19004 Alanik Hotel ClearwaterNEW_cavargasc.rvt9/4/2019 5:57:41 PMALANIK HOTEL421 SOUTH GULFVIEW BOULEVARD, CLEARWATER FL 33767A-1.03.109/05/20191" = 10'-0"A-1.03.11BRIDGE ACCESIBLE ROUTE STREET LEVEL
19' -0"0100 LEVEL33' -8"0200 LEVEL49' -10"0300 LEVEL15' -0"0050 P-24' -6"0000 P-124' -4"0150 P-343' -0"0250 P-50' -0"NAVD52' -4"0350 P-633' -8"0200 P-419' -0"0100 LEVEL33' -8"0200 LEVEL49' -10"0300 LEVEL15' -0"0050 P-24' -6"0000 P-124' -4"0150 P-343' -0"0250 P-552' -4"0350 P-633' -8"0200 P-41A-1.0419' -0"0100 LEVEL33' -8"0200 LEVEL49' -10"0300 LEVEL15' -0"0050 P-24' -6"0000 P-124' -4"0150 P-343' -0"0250 P-50' -0"NAVD52' -4"0350 P-633' -8"0200 P-419' -0"0100 LEVEL33' -8"0200 LEVEL49' -10"0300 LEVEL15' -0"0050 P-24' -6"0000 P-124' -4"0150 P-343' -0"0250 P-552' -4"0350 P-633' -8"0200 P-41A-1.0419' -0"0100 LEVEL97' -4"0800 LEVEL15' -0"0050 P-24' -6"0000 P-124' -4"0150 P-343' -0"0250 P-50' -0"NAVD52' -4"0350 P-661' -8"0450 P-771' -0"0550 P-880' -4"0650 P-933' -8"0200 P-490' -4"0750 P-1026' - 0"33' - 8"3A-1.045A-1.0410' - 2"CLEAR17' - 0"GULFVIEW BOULEVARDELEVATORELEV.VESTIBULEELEVATORVESTIBULENEW STRUCTURAL SUPPORT FOR PROPOSED PEDESTRIAN BRIDGE OPAL SANDS HOTELALANIK HOTELOPEN TERRACEELEVATORVESTIBULEELEVATORC:\Users\cvargas\Documents\19004 Alanik Hotel ClearwaterNEW_cavargasc.rvt9/4/2019 5:57:51 PMALANIK HOTEL421 SOUTH GULFVIEW BOULEVARD, CLEARWATER FL 33767A-1.0409/05/20191" = 10'-0"A-1.042BRIDGE SECTION 11" = 10'-0"A-1.043BRIDGE SECTION 21" = 10'-0"A-1.044BRIDGE SECTION 31" = 10'-0"A-1.045BRIDGE SECTION 41" = 10'-0"A-1.041Section Bridge option 1
53,865 sq.ft.5,675 sq. ft.59,540 sq.ft (windows/decoration) = 88.01% of Total Facade (67,650 sq. ft.)6,320 sq.ft.5,562 sq.ft.3,936 sq.ft.15,478 sq.ft.3,225 sq.ft.6,699 sq.ft. 41,784 sq.ft (windows/decoration) = 60.93% of Total Facade (67,650 sq. ft.)2,208 sq. ft.4,404 sq. ft.1,884 sq. ft.8,496 sq.ft (windows/decoration) = 78.20% of Total Facade (10,864 sq. ft.)50% open parking garagefacing exisitng buildingC:\Users\cvargas\Documents\19004 Alanik Hotel ClearwaterNEW_cavargasc.rvt10/7/2019 10:26:11 AMALANIK HOTEL421 SOUTH GULFVIEW BOULEVARD, CLEARWATER FL 33767A-1.0509/05/20191" = 20'-0"A-1.051WEST ELEVATION (GULFVIEW BOULEVARD).Calculations1" = 20'-0"A-1.052EAST ELEVATION (CORONADO DRIVE). Calculations1" = 20'-0"A-1.053NORTH ELEVATION (5th STREET). Calculations.1" = 20'-0"A-1.054SOUTH ELEVATION. Calculations.
EXTERIOR
INTERIOR
ALUMINIUM WINDOW WALL SYSTEM
BUTT GLAZED W/ STRUCT. SILICONE
(REFER TO BUILDING ELEVATIONS)
EYEBROW/ DECORATION:
METAL COMPOSITE MATERIAL BUILDING
PANELS (REYNOBOND 240 FR
MANUFACTURED BY ALCOA ARCHITECTURAL
PRODUCTS OR ACCEPTABLE EQUIVALENT)
ATTACHED TO METAL SUPPORT FRAMING
INSTALLED PER MANUF.'R'S REQ. AS AN
INTEGRAL PART OF THE METAL COMPOSITE
MATERIAL BUILDING SYSTEM.
ALUMINIUM WINDOW WALL SYSTEM
BUTT GLAZED W/ STRUCT. SILICONE
(REFER TO BUILDING ELEVATIONS)
SLOPED
EXTERIORINTERIOR
ALUMINIUM WINDOW WALL SYSTEM
BUTT GLAZED W/ STRUCT. SILICONE
(REFER TO BUILDING ELEVATIONS)
ALUMINIUM WINDOW WALL SYSTEM
BUTT GLAZED W/ STRUCT. SILICONE
(REFER TO BUILDING ELEVATIONS)
SLOPED
WEEP
HOLES
STUCCO
STUCCO
STUCCO
WEEP
HOLES4" min.4" min.2' - 0"
2' - 0"6" max.6" max.LINEAR LIGHTING
(TURTLE COMPLIANT)
LINEAR LIGHTING
(TURTLE COMPLIANT)
EYEBROW/ DECORATION:
METAL COMPOSITE MATERIAL BUILDING
PANELS (REYNOBOND 240 FR
MANUFACTURED BY ALCOA ARCHITECTURAL
PRODUCTS OR ACCEPTABLE EQUIVALENT)
ATTACHED TO METAL SUPPORT FRAMING
INSTALLED PER MANUF.'R'S REQ. AS AN
INTEGRAL PART OF THE METAL COMPOSITE
MATERIAL BUILDING SYSTEM.
DETAIL 1 DETAIL 2
GUESTROOM
CORRIDOR
2'-0" MAX.
CMU WALL
STUCCO
ALUMINIUM WINDOW WALL SYSTEM
EYEBROW/ DECORATION
C:\Users\ayeaman\Documents\19004 Alanik Hotel ClearwaterNEW_ayeaman.rvt9/18/2019 4:10:15 PMALANIK HOTEL
421 SOUTH GULFVIEW BOULEVARD, CLEARWATER FL 33767
A-2.02
09/05/2019
1 1/2" = 1'-0"A-2.02
1 EYEBROW/DECORATION SECTIONAL DETAILS
1/2" = 1'-0"A-2.02
2 TYPICAL CORRIDOR PLAN - EYEBROW/ DECORATION
A-2.02
3 AXONOMETRIC VIEW - FACADE DETAIL
1 : 27A-2.02
4 PERSPECTIVE VIEW - CORONADO DRIVE
Exhibit “E”
Special Conditions of Site Plan Approval
Pedestrian Bridge Construction Plans and Procedures
Exhibit “E”
Special Conditions of Site Plan Approval
Pedestrian Bridge Construction Plans and Procedures
Prior to permit, the Developer or Owner’s selected civil engineer will provide an MOT plan that shall follow FDOT’s MOT Design Standards, Index 600’s and provide a detour map if a full
road closure is necessary. Prior to beginning construction, the selected general contractor will
apply for a ROW permit which will include a detailed MOT plan with dates and times of
roadway/sidewalk closures. The selected contractor will notify traffic engineering 48
hours prior to the actual closure. At minimum, the Contractor will provide a flagman to direct traffic when S. Gulfview is partially or fully closed.
Ongoing Maintenance Obligation
The pedestrian bridge shall be inspected on a regular basis, as provided for herein, to verify that all user safety related elements are in serviceable condition and written yearly inspection reports
shall be submitted by the Developer to the City. The cost of all inspections and all inspection
reports shall be paid for by the Owner of the Bridge (which shall be the owner or developer of the
Property). All inspection reports shall be submitted to the City within the month of January, as
required. Such reports shall be prepared with the following standards:
I. User Safety. The bridge shall be inspected by a Florida licenses professional
engineer on a regular basis, a minimum of once every three years, to verify that all user safety
related elements are in serviceable condition. Areas to inspect include:
A. All guardrails, handrails, rub rails, toe plates; fencing, pickets and other features intended for user safety should be checked to ensure they have not been structurally
compromised. There should be no sharp edges, burns, protrusions or other abnormalities
that could result in bodily injury to the user.
B. Deck surfaces should be kept free of foreign objects and inspected to verify that no
damage has occurred that might present a trip or slip hazard.
II. Structural Integrity. At least one inspection shall be performed no less than once every
three years by a Florida licensed professional engineer to ascertain the structural condition of the
bridge. This visual inspection should include:
A. General inspection for damage that might have been caused from impact. This might include damage to the ends of the bridge from maintenance or other vehicles
or in the case of a bridge spanning a roadway, damage to the bottom of the underside or
bottom chords.
B. Welds between verticals, diagonals and chords should be inspected for any sign of
cracking. C. Check for any significant corrosion or pitting metal surfaces. Trapped debris in the
joints of the structure could lead to crevice corrosion and should be kept clean.
D. Check abutments for any damage to include cracking of concrete scouring from water
flow, etc.
E. Check anchor bolts for possible damage and to verify they are secure. Inspect bearing plates to verify they are functioning properly. Bearing plate bolt slots should be
13155829v1
kept free of debris for intended use as expansion joints for the bridge.
F. If the bridge contains spliced members, the bolts should be examined to verify no
damage exists, excessive corrosion has not occurred to the metal in way of the bolt
and they are secure.
III. Daily Maintenance
Pick up all trash/debris
Sweep bridge of all foreign material (i.e. sand, dirt, etc.,)
IV. Monthly Maintenance Pressure washing of bridge surface
Removal of gum or other foreign materials that are stuck to the bridge surface.
V. The City shall have the right to remove the pedestrian bridge and its fixtures for a municipal
purpose as determined by the City, in its reasonable discretion and after an opportunity to be heard. The municipal purpose can include, but is not limited to, maintaining, repairing, installing paved
surfaces within the right of way, utility infrastructure, and stormwater infrastructure which cannot
be completed with the pedestrian bridge in place. The bridge and its fixtures will be subject for
removal if the Bridge’s owner fails to submit safety and structural integrity reports to the City
within the specified time frame. The Bridge and its fixtures will also be subject of removal if the Bridge’s owner fails to maintain the aesthetics of the exterior surfaces consistent with the plans
approved herein. In the event the bridge is removed under this provision, any easement for air
rights shall terminate upon removal.
VI. INDEMNIFICATION CLAUSE. Subject to Florida Statute 768.28, the Developer hereby
indemnifies and holds harmless the City, its successors and assigns, and its/their directors, officers,
employees, agents, stockholders, and affiliates, from and against any and all claims, demands,
costs and expenses, including attorney’s fees for injury, death, and damage brought in connection
with the construction, maintenance, or use of the Pedestrian Bridge by the general public at large; provided, however, that such indemnification and hold harmless agreement shall not relieve of
any willful or wanton acts by the City or those under the authority or control of the City. Neither
Party will settle any claim or action without first obtaining the written consent of the other Party.
The Developer and the City expressly warrant and agree that this indemnification and hold
harmless agreement is only effective upon issuance of a Certificate of Occupancy for the project described in the Second Amendment. Nothing contained herein is intended to serve as a waiver
by the City of its sovereign immunity, to extend the liability of the City beyond the limits set forth
in Section 768.28, Florida Statutes, or be construed as consent to be sued by third parties.
2015
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COPYRIGHT
2015
ALL RIGHTS RESERVED
DO NOT COPY OR REPRODUCE
COPYRIGHT
2015
ALL RIGHTS RESERVED
DO NOT COPY OR REPRODUCE
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1
435 S. Gulfview Blvd Alanik Hotel
Request: The applicant requests a second amendment to the existing Hotel Density Agreement which
previously allocated 100 hotel density reserve units due to a major modification of the site plan (the addition of real property and increase of density). While the design of the hotel remains generally the
same, the addition of adjacent property allows for the reorientation of the parking garage and increased
public space along S. Gulfview Blvd as the vehicular and pedestrian entrances are relocated to the rear of the hotel along Coronado. The applicant is not requesting any additional units from the Hotel Density
Reserve and acknowledges there are no additional units available. The amendment is required to add additional property to the site resulting in an increase of density.
Hotel Density Reserve Criteria (Beach by Design)
The site is an appropriate for the allocation of hotel rooms from the Hotel Density Reserve (Reserve) as it
was determined upon the initial approval of the HDA on August 20, 2015 (HDA2014-06004) that all such criteria was met. Further, the City reviewed the revised design in its review of the First Amendment to
Development Agreement (HDA2015-06001) and subsequent site plan approval pursuant to FLD2015-
09036. The site plan approval was subsequently extended by state and local law and is effective through October 12, 2020.
The request is in compliance with the standards for development agreements, is consistent with the Comprehensive Plan and furthers the vision of beach redevelopment set forth in Beach by Design. This
proposed second amendment will be in effect for a period not to exceed ten years, meets the criteria for
the allocation of rooms from the Hotel Density Reserve under Beach by Design and includes the following main provisions:
Provides for no change in the number of units (100 units) allocated from the Hotel Density Reserve (previously approved as part of HDA2014-06004/Resolution No. 14-29 as amended by HDA2015-06001, Resolution 15-19);
Revises Exhibit B which includes new conceptual site plans, architectural drawings, elevations
and perspectives;
The revised site plan includes a pedestrian bridge connecting the proposed Alanik with the
Property located across the street at 430 S. Gulfview Blvd. which shall be located on private property but does require the City to grant the Developer an easement for air rights.
There are no other changes to the substantive provisions of the Agreement which were found in compliance with the Code and Beach by Design on previous reviews. Specifically:
There is a maximum of 100 hotel rooms allocated to a resort located on less than 2.5 acres;
The Reserve is not being used to render nonconforming density conforming;
Accessory uses are within allowable FAR provisions;
There are no proposed attached dwellings;
The units are all available through a central reservation system for short term rentals;
There are not full kitchens;
Maximum building heights are resected;
There is a legally enforceable mandatory evacuation covenant required by the original
agreement and that requirement is not being modified;
Access to units is through an internal corridor;
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Requires the return of any hotel unit obtained from the Hotel Density Reserve that is not
constructed;
For units allocated from the Hotel Density Reserve, prohibits the conversion of any hotel
unit to a residential use and requires the recording of a covenant restricting use of such hotel units
to overnight accommodation usage; and
Beach by Design Criteria
Density: The project will maintain an overnight accommodation density of 103 units per acre based on a 2.42 acre parcel. This includes 127 base density units (vested from a termination of non-conformity) plus
100 additional units requested from the Hotel Density Reserve via a Development Agreement and the
additional units from the added property. The total number of units proposed for overnight accommodations is 248.
Height & Separation: The maximum base flood elevation on site is (VE) 15 feet; 14 feet plus flood plane requirements depending on structure. The maximum allowable building height is 150 feet above the base flood elevation. The proposed building height is 150 feet above the base flood elevation, to top
of roof, and 166 feet to top of roof top mechanical and stair towers screened by a parapet wall that
accentuates the curving nature of the building.
Additional density is allocated to the development either by transferred development rights, or
via the Destination Resort Density Pool pursuant to the CRD designation, or via the Hotel Density Reserve where the subject property is located between South Gulfview Boulevard and the Gulf of
Mexico or on the west side of Coronado Drive;
An additional 100 units were allocated via the Hotel Density Reserve,
Separation: portions of any structures which exceed one hundred feet (100) ' are spaced at least one
hundred feet (100') apart (with no more than two (2) structures which exceed one hundred feet (100) ' within five hundred feet (500)'; or four (4) structures which exceed one hundred feet (100) ' within eight
hundred feet (800) ' so long as the elevations of all structures which exceed one hundred feet (100) ' when
such structures are viewed from the east do not occupy a total of forty percent (40%) of a north south vertical plane which is parallel to the alignment of Coronado and North Mandalay of the building
envelope above one hundred feet (100)'; and
DESIGN RESPONSE:
The proposed structure falls within the above guideline in that no two structure over 100’ tall fall within 500 feet of each other. Sheet A-0.22 shows the project site and building footprint. The tower
portion falls greater than 100 feet from a proposed project to the East side of Coronado and only the Opal Sands falls within the 800’ separation limit. Additionally, the proposed structure, above 100’, is aligned parallel to Coronado only to about 1/2 of its curved dimension north to south, bending into an
“L” shaped structure towards S. Gulfview Boulevard.
Floor plate: the floorplate of any portion of a building that exceeds forty five feet (45) ' in height is
limited as follows: a) between forty five feet (45) ' and one hundred feet (100)', the floorplate will be no
greater than 25,000 square feet except for parking structures open to the public; and b) between one hundred feet (100') and one hundred fifty feet (150'), the floorplate will be no greater than 10,000 square
feet; and c) deviations to the above floorplate requirements may be approved provided the mass and
3
scale of the design creates a tiered effect and complies with the maximum building envelop allowance
above 45’ as described in section C. 1.4 below:
a. Between 45 feet in height and 100’ there is no part of the floorplate that exceeds 25,000 square feet
b. The floorplate above 100 feet is 18,245 SF. This exceeds the 10,000 square foot guideline
however,
c. The mass and scale of the design creates a stepped and tiered effect and the maximum
building envelope above 45 feet is 26% volumetrically; significantly below the 75% allowance
for buildings with units allocated from the Hotel Pool.
C. Design, Scale and Mass of Building: Buildings with a footprint of greater than 5000 square feet or a
single dimension of greater than one hundred (100) feet will be constructed so that no more than two (2) of the three (3) building dimensions in the vertical or horizontal planes are equal in length. For this
purpose, equal in length means that the two lengths vary by less than forty (40%) of the shorter of the two
(2) lengths. The horizontal plan measurements relate to the footprint of the building.
DESIGN RESPONSE:
Given the massing of the building, the various stepping of volumes, carving of the volume on the first
floor, as well as the curved structure of the tower, no two building dimensions are equal in length
No plane of a building may continue uninterrupted for greater than one hundred linear feet (100’). For the purpose of this standard, interrupted means an offset of greater than five feet (5’).
DESIGN RESPONSE: As demonstrated on the design drawings, each of the building facades will
provide offsets less than or equal to this requirement with a few exceptions. These few exceptions are
either curving planes, planes that are further setback from the property line or balcony lines. For the purpose of this standard, interrupted means an offset of greater than five feet (5’). See design
drawings.
At least sixty percent (60%) of any elevation will be covered with windows or architectural decoration.
For the purpose of this standard, an elevation is that portion of a building that is visible from a particular point outside the parcel proposed for development.
DESIGN RESPONSE: As demonstrated in this application, where viewable from adjacent
properties and not covered by adjacent buildings, this design proposes large fields of glazing,
balconies, accent lines, wall textures and stepped articulation on all facades providing for greater than 60% articulation on each of the facades.
No more than sixty percent (60%) of the theoretical maximum building envelope located above forty-five
feet (45’) will be occupied by a building. However, in those instances where an overnight
accommodations use on less than 2.0 acres that has been allocated additional density via the Hotel Density Reserve, no more than seventy-five percent (75%) of the theoretical maximum building envelope
located above forty-five feet (45’) may be occupied by a building unless the property is located between Gulfview Boulevard and the Gulf of Mexico, then no more than 70% may be occupied by a building.
4
DESIGN RESPONSE: As per the provided calculations the overall building mass between
45 feet and 150 feet constitutes 26% volumetrically of the theoretical maximum building
envelope, significantly below the 75% allowance for buildings with units allocated from the Hotel Pool.
The height and mass of buildings will be correlated to: (1) the dimensional aspects of the parcel of the
parcel proposed for development and (2) adjacent public spaces such as streets and parks.
DESIGN RESPONSE: The design proposes an “L” shaped tower that bends on a slight curve
opening away from S Gulfview and placing a terrace/pool deck fronting the ocean. The parking
podium and parking garage varying in height between 15 feet and 70 feet with louvers and textured screening. Along Coronado Drive the building is set back 15 feet and also steps back the
requisite additional 15 feet at a height of 25 feet frontage on a curving line. Along S. Gulview
Drive most of the building consists of elevated pool deck. . On the west, Beach Walk, side, a 0 foot setback is proposed with retail at ground level, landscaping and public realm improvements.
Buildings may be designed for a vertical or horizontal mix of permitting uses.
DESIGN RESPONSE: The building will be designed to provide overnight accommodations with
typical accessory uses including conference space, restaurant, and other commercial areas.
D. Setbacks & Stepbacks:
Rights-of-way. The area between the building and the edge of the pavement as existing and planned
should be sufficiently wide to create a pedestrian-friendly environment. The distances from structures to the edge of the right-of-way should be: a) Fifteen feet (15)' along arterials, and b) Twelve feet (12)'
along local streets.
DESIGN RESPONSE: Proposed setbacks are fifteen feet (15') on 5th Street and 15 foot on Coronado Drive. We are also proposing a 0’-0” setback along the western property line, along South Gulfview
and Beach Walk. There is considerable “Public Realm” in this area with Beach Walk and the
additional 35’ of open space of the former Gulfview Blvd Right of Way. The frontage is activated with retail spaces, terraces and landscape improvements that are integrated into Beachwalk.
Side and Rear Setbacks
Except for the setbacks set forth above, no side or rear setback lines are recommended, except as may
be required to comply with the City’s Fire Code.
DESIGN RESPONSE: Side and Rear Setbacks Side and rear setbacks shall be governed by the provisions of the Tourist
District of the Community Development Code unless otherwise prescribed in the applicable Character District provisions contained in Section II., Future Land Use.
5
Coronado Drive Setbacks and Stepbacks. To reduce upper story massing along the street and ensure a
human scale street environment, buildings using the hotel density reserve along Coronado Drive shall be
constructed in accordance with the following: Buildings constructed with a front setback of fifteen feet (15’) or more shall stepback with a minimum depth of fifteen feet (15’) from the setback line at a height
not more than twenty-five feet (25’).
DESIGN RESPONSE: The design proposes a 15 foot setback along Coronado Drive and approximately 75.21% of the
building steps back the additional 15 feet at not more than 25’ of height. Additional deeper stepback
in a curved line is provided at the Porte cochere area. See sheets A-0.04 & A-0.05.
Buildings constructed with a front setback greater than or equal to ten feet (10’) and less than fifteen
feet (15’) shall stepback at a height not more than twenty feet (20’). The required stepback/ setback ratio is one and one-half feet (1.5’) for every one foot (1’) reduction in setback in addition to the minimum stepback of fifteen feet (15’).
DESIGN RESPONSE:
N/A
Buildings constructed with a front setback of less than ten feet (10’) shall provide a building stepback required stepback/ setback ratio is two and one-half feet (2.5’) for every one foot (1’) reduction in setback in addition to the minimum stepback of fifteen feet (15’).
DESIGN RESPONSE:
N/A
To achieve upper story facade variety and articulation, additional stepbacks may be required. To avoid a monotonous streetscape, a building shall not replicate the stepback configuration of the
neighboring buildings including those across rights-of-way.
DESIGN RESPONSE: The proposed design does not mimic or mirror the existing buildings. The neighboring building across
Coronado Drive has its primary façade and commercial face along Coronado.
Required stepbacks shall span a minimum of 75% of the building frontage width.
DESIGN RESPONSE: The design provides the required stepback as evidenced on sheets A-0.04 &
A-0.05.
E. Street-Level Facades. The human scale and aesthetic appeal of street-level facades, and their
relationship to the sidewalk, are essential to a pedestrian-friendly environment. Accordingly:
1. at least sixty percent (60%) of the street level facades of buildings used for nonresidential purposes which abut a public street or pedestrian access way, will be transparent. For the
purpose of this standard: a) street level facade means that portion of a building facade from
ground level to a height of twelve feet (12')
DESIGN RESPONSE:
6
This building is in the VE flood zone, so the building infill needs to be of a permeable nature. The
facades include significant amount of open decorative elements to screen the garage on 5th, and
along S. Gulfview as well as retail spaces along S. Gulfview Blvd. to provide a pedestrian-friendly environment.
b) transparent means windows or doors that allow pedestrians to see into: the building, or landscaped or hardscaped courtyard or plazas, where street level facades are set back at least fifteen feet (15') from the
edge of the sidewalk and the area between the sidewalk and the facade is a landscaped or hardscaped
courtyard
DESIGN RESPONSE: The building is stepped back from a minimum of 15 feet; thereby the street
level façade is 100% open, per the above definition b ii.
c) parking structures should utilize architectural details and design elements such a false recessed windows, arches, planter boxes, metal grillwork, etc. instead of transparent alternatives. When a parking
garage abuts a public road or other public place, it will be designed such that the function of the building is not readily apparent except at points of ingress and egress.
DESIGN RESPONSE:
The vehicles are screened from view of pedestrians along S. Gulfview, 5th street and Coronado Drive with architectural details or with overall landscape design.
2. Window coverings, and other opaque materials may cover no more than 10% of the area of any street-level window in a nonresidential building that fronts on a public right-of way.
DESIGN RESPONSE:
Not more than 10% of the area of any street-level windows are opaqued,
Building entrances should be aesthetically inviting and easily identified. Goods for sale will not be
displayed outside of a building, except as a permitted temporary use. This standard does not apply to outdoor food service establishments.
DESIGN RESPONSE:
The Building entrance, on Coronado is defined with a porte cochere. which is the primary vehicular entrance, and the extreme South of the site shall be defined by signage, landscaping, and other visual cues
Awnings and other structures that offer pedestrians cover from the elements are recommended. Awnings help define entryways and provide storefront identity to
both pedestrians and drivers.
DESIGN RESPONSE: The primary entrance is a combination of covered colonnade and Porte Cochere structure. See design drawings.
Parking Areas. To create a well-defined and aesthetically appealing street boundary, all parking areas will be separated from public rights of way by a landscaped decorative wall, fence or other opaque landscape
treatment of not less than three feet (3’) and not more than three and one-half feet (31/2’) in height. Surface
parking areas that are visible from public streets or other public places will be landscaped such that the parking areas are defined more by their landscaping materials than their paved areas when viewed from
adjacent property. The use of shade trees is encouraged in parking lots. However, care should be taken to
7
choose trees that do not drop excessive amounts of leaves, flowers, or seeds on the vehicles below.
Entrances to parking areas should be clearly marked in order to avoid confusion and minimize
automobile-pedestrian conflicts. Attractive signage and changes to the texture of the road (such as pavers) are recommended. When a parking garage abuts a public road or other public place, it will be designed
such that the function of the building is not readily apparent except at points of ingress and egress.
DESIGN RESPONSE:
Vehicles will be shielded on the east, west and South frontages, through the use of landscaping and decorative elements. Entrances to parking areas will be clearly marked in order to avoid confusion
and minimize automobile-pedestrian conflicts. Attractive signage and changes to the texture of the
road (such as pavers) will be provided.
Signage
Signage is an important contributor to the overall character of a place. However,
few general rules apply to signage. Generally, signage should be creative,
unique, simple, and discrete. Blade signs, banners and sandwich boards should not be discouraged, but signs placed on the sidewalk should not obstruct
pedestrian traffic.
DESIGN RESPONSE: Signage shall be designed per code and submitted for approval along with the building permit.
Sidewalks. Sidewalks along arterials and retail streets should be at least ten feet (10’) in width. All sidewalks along arterials and retail streets will be landscaped with palm trees, spaced to a maximum of
thirty-five feet (35') on centers, with “clear grey” of not less than eight feet (8'). Acceptable palm trees
include sabal palms (sabal palmetto), medjool palms (phoenix dactylifera ‘medjool’), and canary island date palms (phoenix canariensis). Sidewalks along side streets will be landscaped with palms (clear trunk
of not less than eight feet (8')) or shade trees, spaced at maximum intervals of thirty-five feet (35') on centers. Portions of required sidewalks may be improved for nonpedestrian purposes including outdoor dining and landscape material, provided that:
Movement of pedestrians along the sidewalk is not obstructed; and non-pedestrian improvements and uses are located on the street side of the sidewalk. Distinctive paving patterns should be used to
separate permanent sidewalk café improvements from the pedestrian space on the sidewalk. To
enhance pedestrian safety and calm traffic, distinctive paving should also be used to mark crosswalks.
DESIGN RESPONSE:
Sidewalks are minimally 10’ wide. Landscaping shall be designed per code and shall be submitted for
approval at DRC application.
Street Furniture and Bicycle Racks. Street furniture, including benches and trash receptacles should be
liberally placed along the sidewalks, at intervals no greater than thirty linear feet (30') of sidewalk. Bicycle racks should also be provided, especially near popular destinations, to promote transportation
alternatives. Complicated bicycle rack systems should be avoided. The placement of street furniture and
bicycle racks should not interrupt pedestrian traffic on the sidewalk.
DESIGN RESPONSE:
8 13155421v1
Street Benches and trash receptacles area proposed along Coronado Drive and Beachwalk and shall
be designed per code and submitted for approval at building permit. Also bike racks have been added
to the ground level plan.
Street Lighting. Street lighting should respond to the pedestrian-oriented nature of a tourist destination.
In this context, it should balance the functional with the attractive – providing adequate light to vehicular traffic, while simultaneously creating intimate spaces along the sidewalks. Clearwater’s historic lighting
is an attractive, single-globe fixture atop a cast-iron pole.
DESIGN RESPONSE: Street lighting shall be designed per code and submitted for approval at building permit.
Fountains. Fountains provide attractive focal points to public spaces and add natural elements to urban
environments. They should be interesting, engaging and unique. While it is important not to overburden architectural creativity regarding fountains, they should meet at least the following standards in order to be a
functional and attractive component of the public space: They should be supplemented with street furniture
such as benches and trash receptacles, and, They should have rims that are: (a) Tall enough to limit unsupervised access by small children, and (b) Wide enough to permit seating. Fountains should be
encouraged in landscaped and hardscaped courtyards and plazas.
DESIGN RESPONSE: There are no fountains planned for the property, at this time.
L. Materials and Colors
Facades. Finish materials and building colors will reflect Florida or coastal vernacular themes. All awnings should contain at least three (3) distinct colors. Bright colors will be limited to trims and other
accents. Glass curtain walls are prohibited.
DESIGN RESPONSE: The proposed design complies with the Beach by Design guidelines and
proposes a palate of White or gray walls with accents of contrasting colors meeting the “Beach by
Design’ guidelines.
Sidewalks. Sidewalks will be constructed of: Pavers; Patterned, distressed, or special aggregate concrete;
or Other finished treatment that distinguishes the sidewalks from typical suburban concrete sidewalks.
Materials should be chosen to minimize the cost and complexity of maintenance.
DESIGN RESPONSE: Proposed sidewalks will be designed using several coordinating finished
treatments as well as concrete.
Street Furniture. Street furniture will be constructed of low-maintenance
materials, and will be in a color that is compatible with its surroundings.
DESIGN RESPONSE: All street furniture shall comply with this provision.
Color Palette. A recommended palette for building colors is presented on the following page.
DESIGN RESPONSE: The design incorporates colors from the BbD pallatte.
Address of Receiving Property
Rooms
Allocated
Total Rooms
Proposed Acreage Units / Acre
Rooms per
Base Density CDB Meeting
City Council
Approval
Site Plan
Approval
Needed by
Final Project
Expiration Case Number Notes
101 Coronado Drive (Pier 60 Hotel)72 108 0.72 150.00 36 5/19/2009 8/6/2009 Constructed Constructed FLD2009-03013 / DVA2009-00001 Permit Status is completed.
619 S. Gulfview Boulevard (Shephard's)42 160 2.37 67.51 118 11/17/2009 12/17/2009 Constructed Constructed FLD2008-12033 / DVA2008-00002 Allocated rooms reduced from 68 to 42 - minor revision on July 6, 2011; Permit Status is completed.
655 S. Gulfview Boulevard (Hampton Inn / Quality Inn)90 181 1.44 125.96 71 N/A 4/16/2014 Constructed 2/6/2017 DVA2013-03001 / HDA2014-02001 /
FLD2013-03011 / FLD2014-03007
BCP2014-06256 - issued 12/17/2014 / BCP2014-07307 - issued 02/06/2015;
Permit Status is completed.
316 Hamden Drive (Hotel B)79 118 0.82 143.90 39 11/17/2009 12/17/2009 Constructed 6/13/2015 DVA2009-00003 / FLD2009-08027 BCP2015-01211 issued 11-13-2015; Permit Status is completed.
300 Hamden Drive (Hotel A)95 142 1.10 129.09 47 11/17/2009 12/17/2009 Constructed 6/13/2015 DVA2009-00002 / FLD2009-08026 BCP2015-01211 issued 11/13/2015; Permit Status is completed.
521 South Gulfview Boulevard (Entrada)30 344 3.908 88.02 314 N/A 6/19/2014 Constructed 5/24/2015 HDA2014-04002 / FLD2013-11038 /
FLD2014-06019
site plan as related to HDA214-04002 approved as part of FLD2013-11038.
New site plan approval request to accommodated approved units as part of
the HDA - FLD2014-06019 - approved; BCP2014-11452 issued 08/07/2015;
Permit Status is completed.
650 Bay Esplanade (DeNunzio Hotel)55 102 0.95 107.37 47 6/18/2013 7/19/2013 Constructed 6/23/2017 DVA2013-02001 / FLS2013-02006
Per 6.1.3.2 of the DVA - The Developer shall obtain permits and commenced
construction on the development within four (4) years from the effective date of
this Agreement (approx 7/19/17). BCP2015-10210 - issued 12/10/2015 and is Completed; BCP2016-01459 - issued 03-29-2016 and is Completed.
Total Rooms Allocated from Reserve 463
Address of Receiving Property
Rooms
Allocated
Total Rooms
Proposed Acreage Units / Acre
Rooms per
Base Density CDB Meeting
City Council
Approval
Site Plan
Approval
Needed by
Final Project
Expiration Case Number Notes
443 East Shore Drive (Courtyard by Marriott)139 110.32 6/19/2012 7/19/2012 5/26/2019 5/26/2019 FLD2012-03008 / DVA2012-03001
FLD2012-03008 approved; time extension granted 10-10-2018: site plan expiration is 09-19-2020; BCP2014-08618 issued 08/13/2015; Permit Status is Active. Two TDR applications filed on 10-03-2018 (TDR2018-10002 and
10001) which will transfer five hotel units to the site. The total proposed room
count has been updated to include these units. An amendment to the original
Development Agreement (listed to the left and given the case file number of HDA2012-03001A) was also submitted as was as an amendment to the
approved FLD application (noted to the left and given the case file number of
FLD2012-03008A).
443 East Shore Drive (Courtyard by Marriott) 1st
amendment 144 114.29 12/18/2019 1/17/2019 1/17/2020 1/17/2020 FLD2012-03008A Site plan approved; see comments above for permitting and other information.
325 South Gulfview Boulevard (Parcel A)100 180 1.60 112.50 80 N/A 6/4/2014 1/4/2021 1/4/2021 HDA2013-08004 / FLD2014-12034 FLD2014-12034 approved; time extension granted 109-25-2019: site plan
expiration is 08-25-2023; BCP not submitted as of 10-23-2019
353 Coronado Drive (Parcel B) (345 Coronado)96 144 0.962 149.69 48 N/A 6/19/2014 6/14/2020 6/14/2020 HDA2013-08005 / FLD2015-02005 FLD2015-02005 approved; time extension granted 09-25-2019: site plan
expiration is 05-30-2020; BCP2019-040024 submitted 04-01-2019
405 Coronado Drive (Parcel C)100 166 1.32 125.76 66 N/A 9/18/2014 12/12/2021 12/12/2021 HDA2013-08006 / FLD2015-05016 FLD2015-05016 approved; time extension granted 05-10-2019; site plan
expiration is 02-10-2022; BCP not submitted as of 10-23-2019
401 (421) South Gulfview Boulevard (Alanik)9/18/2014 9/18/2015*9/18/2015*HDA2014-06004
401 (421) South Gulfview Boulevard (Alanik) 1st
Amendment 8/20/2015 8/16/2021 8/16/2021 HDA2015-06001/FLD2015-09036
401 (421) South Gulfview Boulevard (Alanik) 2nd Amendment 248 2.146 114.00 107 N/A TBD TBD TBD HDA2015-06001A The amendment has gone to DRC on 08-01-2019 and is currently in review; The amendment to the FLD application has not been submitted.
40 Devon Drive (Sea Captain)10/15/2014 2/8/2021 2/8/2021 HDA2014-07004 / FLD2015-02006 FLD2015-02006 approved; time extension granted 07-31-2017; site plan
expiration is 02-08-2021; BCP not submitted as of 10-23-2019.
40 Devon Drive (Sea Captain) 1st Amendment TBD TBD TBD HDA2014-07004A / FLD2015-02006A
The amendment includes a minor amendment to the hotel building essentially
lowering the overall height and adding a detached dwelling on the portion of the site withinthe LMDR District.
630 South Gulfview Boulevard (Captain Bligh)100 159 1.19 133.61 59 N/A 11/20/2014 11/28/2018 11/28/2018 HDA2014-08007 / FLD2015-02004 FLD2015-02004 approved; time extension granted 05-31-2019; site plan
expiration is 02-27-2022; BCP not submitted as of 10-23-2019
691 S. Gulfview Boulevard (the Views)92 202 1.35 149.97 67 N/A 10/16/2013 10/22/2021 10/22/2021 HDA2013-08001 / FLD2013-08028 FLD2013-08028 approved; time extension granted 02-09-2018; site plan
expiration is 10-22-2021; BCP not submitted as of 10-23-2019
715 South Gulfview Boulevard 93 208 2.313 89.93 115 N/A 2/20/2014 2/20/2022 2/20/2022 HDA2013-12008 / FLD2014-11031 FLD2014-11031 approved; time extension granted 10-17-2019; site plan
expiration is 10-19-2022; BCP not submitted as of 10-23-2019
355 South Gulfview Boulevard 59 88 0.59 149.15 29 N/A 7/20/2017 7/20/2018 12/7/2020 HDA2017-04001 / FLD2017-07012 /
APP2017-00001 BCP2019-040435 submitted 04-12-2019; status: in review
FLD2015-09036 approved; time extension granted 10-17-2019; site plan
expiration is 06-11-2021; BCP not submitted as of 10-23-2019
* The applicant changed the site plan amending the Dev. Agrmt. resulting in a
new site plan approval reqm't and Dev. Agrmt expiration dates.
HOTEL DENSITY RESERVE PROJECTS - APPROVED
HOTEL DENSITY RESERVE PROJECTS - UNDER CONSTRUCTION / CONSTRUCTED
N/A98117.001.953227
71 1.26 68
N/A32148.700.6599866
100
657 Bay Esplanade 10 27 0.35 77.14 17 8/14/2018 9/11/2018 9/11/2019 9/11/2019 HDA2018-04001 / FLD2018-05012
The original HDA (HDA2016-09001) expired and the 10 units were retunred to
the Reserve. The same applicant has resubmitted their application at this
address and is therefore listed twice in this sheet, once in this line item and
once under units returned to the reserve, below.
850 Bayway 27 60 0.661 90.77 33 N/A 2/7/2019 2/7/2020 2/7/2020 HDA2018-10002 BCP not submitted as of 04-15-0219
405/408/409/411 East Shore Drive 8 75 1.11 67.57 55.5 N/A 7/18/2019 7/18/2020 7/18/2020 HDA2019-03001
Total Rooms Allocated from Reserve 922
Address of Receiving Property
Rooms
Allocated
Total Rooms
Proposed Acreage Units / Acre
Rooms per
Base Density CDB Meeting
City Council
Approval
Site Plan
Approval
Needed by
Final Project
Expiration Case Number Notes
Total Rooms Pending Allocation 0
Total Rooms in Reserve 1,385
Total Rooms Allocated from Reserve 1,385
Total Rooms Pending Allocation 0
Total Remaining For Allocation 0
Address of Receiving Property
Rooms
Allocated
Total Rooms
Proposed Acreage Units / Acre
Rooms per
Base Density CDB Meeting
City Council
Approval
Site Plan
Approval
Needed by
Final Project
Expiration Case Number Notes
706 Bayway 15 32 0.349 91.69 17 N/A 11/20/2014 11/20/2015 11/20/2015 HDA2014-08006 / FLD2015-06025
FLD2015-06025 approved on 09-15-15; BCP2016-03372 - submitted 03-15-
2016 / BCP2015-12534 - submitted 12/29/2015; both permits in void status.
Current permit BCP2017-04049 references FLD2016-12039 which is for Resort Attached Dwellings. HDA Termination pending - scheduled for Council
July 20 and August 3, 2017; removed from top two tables; does not count
towards rooms allocated.
625 South Gulfview Boulevard 69 103 0.69 149.28 64 N/A 12/4/2013 11/20/2015 12/4/2016 HDA2013-08007 Agreement terminated; removed from top two tables; does not count towards
rooms allocated.
657 Bay Esplanade 10 27 0.35 77.14 17 N/A 3/2/2017 3/9/2018 3/9/2018 HDA2016-09001 FLD/FLS application not submitted as of 03-23-2018; does not count towards
rooms allocated.
10 Bay Esplanade 35 TBD 1.16 TBD 58 N/A TBD TBD TBD HDA2017-12002
withdrawn by applicant via email - 10-01-2018 (technically these units were
never allocated but are listed here since a case number was created)
Total Rooms Returned 129
HOTEL DENSITY RESERVE PROJECTS - PENDING
HOTEL DENSITY RESERVE UNITS RETURNED TO THE RESERVE
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#19-6957
Agenda Date: 11/4/2019 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Solid Waste/General Services
Agenda Number: 6.1
SUBJECT/RECOMMENDATION:
Authorize trade-in of 2012 Case backhoe (G3924), to Trekker Group of, Tampa, FL for the
offered amount of $26,500, in accordance with Clearwater Code of Ordinances Section 2.624,
exceptions to auction sale bidding procedures, and authorize the appropriate officials to
execute same. (consent)
SUMMARY:
On October 3, 2019, Council authorized the purchase of replacement vehicles and equipment
per the fiscal year 2019/2020 budget. The 2012 Case 580SN backhoe, S/N NJCC565247,
asset number G3924, was designated to be replaced in that action, with the intent to have
Council declare it surplus for auction sale at a future date. When a formal quotation for the new
backhoe was obtained the sales representative offered a trade-in value of $26,500 for the
surplus backhoe. Historical data indicates a value at auction of approximately $17,000.
Council authorization to trade-in #G3924 is requested. Pursuant to Clearwater Code of
Ordinances Section 2.624(6), exceptions to auction sale bidding procedures, Council approval
is required for trade-in of any item with a current market value of more than five thousand
dollars ($5,000). Proceeds from the trade-in are credited to Garage Fund surplus vehicle
revenue (566-364413).
APPROPRIATION CODE AND AMOUNT:
566-364413, Surplus Vehicles
Page 1 City of Clearwater Printed on 11/3/2019
MOVING CONSTRUCTION FORWARD
Contract#
Contract price PAGE #
Base Unit 75,264.86$ 1
Upgrade 13,949.69$
INCLUDED
INCLUDED
INCLUDED
INCLUDED
INCLUDED
INCLUDED
INCLUDED
INCLUDED
INCLUDED
INCLUDED
INCLUDED
INCLUDED
INCLUDED
INCLUDED
INCLUDED
INCLUDED
INCLUDED
PAGE 1 OF 2 89,214.55$
14x17.5 front tires and wheels
21L x 24 rear tires and wheels
Standard Backhoe (STD)
24" Universal Bucket with mechanical coupler
Mech Susp, Vinyl Seat, w/ armrest
4WD Drive Shaft Guard
FAX:
EMAIL:
Canopy, ROPS
TOTAL INVESTMENT
Case 590SN
Case 580 SN
FSA18-VEH16.0 SPECIFICATION # 28
4X4 LOADER BACKHOE WITH CANOPY (STANDARD STICK)
Clearwater, FL 33756
Mech Susp, Vinyl, w/
ADDRESS:
CITY, STATE, ZIP
PHONE:
City of Clearwater ORGANIZATION:
DEPARTMENT:
ATTN:Deborah Ann Moore
3yr Advanced Telematics subscription
4WD Drive Shaft Guard
Battery Disconnect/Jump
Engine ECO Mode
Auto Protection Shutdown
Standard Lights
CASE SiteWatch Telematics
4WD Power Shuttle
Stated Contract Options According to Base Build on Spec
Cleated Dirt Pads
MIAMI
12601 W. OKEECHOBEE ROAD
MIAMI, FL. 33018
PHONE: 305-821-2273
FAX: 305-821-8822
FORT MYERS
5701 COUNTRY LAKES
DRIVE, UNIT #7
FT. MYERS, FL 33905
PHONE: 239-690-0661
FAX: 239-660-0663
ORLANDO
9481 BOGGY CREEKRD
ORLANDO, FL. 32824
PHONE: 407-888-0024
FAX: 407-888-3166
TAMPA
1504 TAMPA EAST BLVD
TAMPA, FL33619
PHONE: 813-341-4646
FAX: 813-341-4647
WEST PALM BEACH
1150 BARNETT DRIVE
LAKE WORTH, FL 33461
PHONE: 561-296-9710
FAX: 561-296-9712
Jacksonville
9235 Busch Dr N
Jacksonville, FL 32218
PHONE 904-516-5380
FAX 904-516-5388
THANK YOU FOR THE OPPRORTUNITY
TO EARN YOUR BUSINESS!
Matthew Price
CELL 813-525-0795 Matthew.Price@Trekkergroup.com
MOVING CONSTRUCTION FORWARD
AMOUNT PAGE #
1,706.10$ 4
982.30$ 4
4,653.00$ 4
MSRP DISC % AMOUNT PAGE#
1,717.00$ 30%1,201.90$ 4
816.00$ 30%571.20$ 4
Upgrade to 93 Inch HD Bucket w/ BOCE 2,600.00$ 30%1,820.00$ 4
Upgrade to Front Windshiled 326.00$ 15%277.10$ 4
Upgrade to Rotating Beacon Light 336.50$ 15%286.03$ 4
Intall Front Windshield 420.00$ 15%357.00$ 4
Intall Rotating Beacon Light 315.00$ 15%267.75$ 4
10%-$ 4
10%-$ 4
30%-$ 4
30%-$ 4
30%-$ 4
30%-$ 4
30%-$ 4
30%-$ 4
30%-$
101,336.93$
(26,500.00)$
TOTAL INVESTMENT PRICE FOB 74,836.93$
Delivered to customer!
PAGE 2 OF 2
NON-STATED CONTRACT OPTIONS
4WD Powershift S-Type Trans.
Upgrade to Flip Over Stabilizer Pads
TOTAL FROM PAGE 1 89,214.55$
STATED CONTRACTED OPTIONS
Pilot Controls
Ride Control
Extendahoe
WARRANTY INFORMATION:
FULL MACHINE 12 Mo -UNLIMITED Hrs /DRIVE TRAIN 24 Mo -2000 Hrs
TOTAL INVESTMENT
TRADE IN MACHINE:
2012 Case 580SN S/N:NJCC565247
SUB TOTAL FOR COMPLETE BUILD
THANK YOU FOR THE OPPRORTUNITY
TO EARN YOUR BUSINESS!
Matthew Price
CELL 813-525-0795 Matthew.Price@Trekkergroup.com
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#19-7025
Agenda Date: 11/4/2019 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Solid Waste/General Services
Agenda Number: 6.2
SUBJECT/RECOMMENDATION:
Approve a purchase order to Pinellas County Solid Waste for an operating expenditure
not-to-exceed $4,000,000 for the disposal of solid waste at the Pinellas County waste-to-energy
plant/landfill for the period of October 1, 2019 through September 30, 2020, as provided in the
Clearwater Code of Ordinances, Section 2.564(1)(d) - Services provided by Other
Governmental Entities, and authorize the appropriate officials to execute same. (consent)
SUMMARY:
Pinellas County Solid Waste operates the only waste-to-energy plant and landfill in the county.
All putrescible solid waste collected by the city is taken to this facility. The amount requested
takes into consideration the per ton tipping fee increase for Fiscal Year 2019/20 from $37.50 to
$39.75.
APPROPRIATION CODE AND AMOUNT:
Funds are requested as part of the FY 2020 Operating Budget of the Solid Waste Fund. The
expenditure allocation is as follows:
·4242082-543500 (Solid Waste-Residential Collection-Dump Fees) $1,531,000
·4242083-543500 (Solid Waste-Commercial Collection-Dump Fees) $1,538,000
·4242089-543500 (Solid Waste-Roll-Off Collection-Dump Fees) $931,000
Page 1 City of Clearwater Printed on 11/3/2019
Pinellas County
315 Court Street
Clearwater, Florida 33756
Karen Williams Seel, Chair
Pat Gerard, Vice-Chair
Dave Eggers
Charlie Justice
Janet C. Long
Kathleen Peters
Kenneth T. Welch
Minutes - Final
Tuesday, March 12, 2019
2:00 PM
Public Hearings at 6:00 PM
BCC Assembly Room
Board of County Commissioners
March 12, 2019Board of County Commissioners Minutes - Final
ROLL CALL - 2:01 P.M.
Chair Karen Williams Seel, Vice-Chair Pat Gerard, Dave Eggers, Charlie Justice, Janet C. Long,
Kathleen Peters, and Kenneth T. Welch
Present:7 -
Others Present: Barry A. Burton, County Administrator; Jewel White, County Attorney; Claretha N. Harris, Chief
Deputy Clerk; and Jerry Gottlick, Board Reporter
INVOCATION by Pastor Steve Nicholson, Faith Family Outreach Church, Clearwater.
PLEDGE OF ALLEGIANCE
PRESENTATIONS AND AWARDS
1.Developmental Disabilities Awareness Month Proclamation:
- Karen Higgins, President/CEO, PARC
- Doug Gates, Board Chair, PARC
- Shannon Fernandez, Director of Marketing & Communications, PARC
Chair Seel read a proclamation recognizing March as Developmental Disabilities
Awareness Month and presented Ms. Higgins and Mr. Gates with a plaque; whereupon, Mr.
Gates made brief comments on the benefits of dedicating the month to the cause, and
Chair Seel noted that The Arc Tampa Bay serves the same population, primarily in north
county.
2.St. Pete-Clearwater International Airport (PIE) Day Proclamation:
- Tom Jewsbury, Director, PIE
Chair Seel invited Mr. Jewsbury and his staff to the podium, and staff introduced
themselves. Chair Seel presented Mr. Jewsbury with a plaque and read a proclamation
containing a brief summary of the Airport’s history, increasing passenger traffic, and
economic impact on the region, and declaring that in conjunction with international Pi Day
on March 14, which celebrates the mathematical constant, the same day would be
recognized as St. Pete-Clearwater International Airport (PIE) Day; whereupon, she called
for a temporary recess so that those present could partake of Mr. Jewsbury’s gift of assorted
pies.
Meeting Recessed: 2:14 P.M.
Meeting Reconvened: 2:18 P.M.
Page 1Pinellas County Printed on 4/9/2019
March 12, 2019Board of County Commissioners Minutes - Final
CONSENT AGENDA - Items 4 through 12
A motion was made by Vice-Chair Gerard, seconded by Commissioner Welch, that the Consent
Agenda items be approved. The motion carried by the following vote:
Aye:Chair Seel, Vice-Chair Gerard, Commissioner Eggers, Commissioner Justice,
Commissioner Long, Commissioner Peters, and Commissioner Welch
7 -
4.Minutes of the regular meeting held February 5, 2019.
5.Vouchers and bills paid from February 3 through February 9, 2019.
Period: February 3 through February 9, 2019
Accounts Payable - $39,739,005.05
Payroll - $3,799,861.06
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
Reports received for filing:
6.Dock Fee Report for the month of February 2019.
Miscellaneous items received for filing:
7.City of Seminole Ordinance No. 01-2019 adopted February 12, 2019, annexing certain property.
COUNTY ADMINISTRATOR DEPARTMENTS
County Administrator
8.Receipt and file report of non-procurement items delegated to the County Administrator for the
period ending February 28, 2019.
9.Resolution designating the Deputy County Administrator/Chief of Staff position within the Senior
Management Service Class of the Florida Retirement System.
Resolution No. 19-9 adopted designating the newly established position for membership within
the Senior Management Service Class, in accordance with Section 121.055, Florida Statutes.
Page 2Pinellas County Printed on 4/9/2019
3.Partner Presentation:
- #PurePinellas by Commissioner Justice
Following brief remarks by Commissioner Justice, University of South Florida Professor
Emeritus Dr. Gary Mormino discussed the impact of World War II on Pinellas County and
the population levels during the period, and told the story of Mary Lou Baker, who became
the second woman to serve in the Florida Legislature and one of only two women from
Pinellas County in the Florida Women’s Hall of Fame.
March 12, 2019Board of County Commissioners Minutes - Final
Development Review Services
10.Plat of Cohen Courts.
Plat accepted and approved for recording.
Public Works
11.Award of bid to Kamminga & Roodvoets, Inc. for the McKay Creek Water Quality Improvement
project.
Bid No. 189-0112 (PID No. 002424A) in the amount of $898,074.50 awarded on the basis
of being the lowest responsive, responsible bid received meeting specifications; all work is
expected to be completed within 240 consecutive calendar days. Chair authorized to sign
the agreement and the Clerk to attest.
AUTHORITIES, BOARDS, CONSTITUTIONAL OFFICERS AND COUNCILS
Community Redevelopment Agency
12.Pinellas County Community Redevelopment Agency Annual Report.
Sitting as the Pinellas County Community Redevelopment Agency, the Board received the
report for filing and authorized its transmittal to the Board of County Commissioners.
REGULAR AGENDA
ITEMS FOR DISCUSSION FROM THE CONSENT AGENDA - None.
COUNTY ADMINISTRATOR DEPARTMENTS
Airport
13.Standard Ground Lease and Consolidation Agreement with Brookline PIE Ulmerton, LLC for
property located at the St. Pete-Clearwater International Airport.
Agreement approved for a term ending on June 15, 2060, with up to two successive
renewal periods of five years each upon the same terms and conditions, providing annual
revenue in accordance with a payment schedule as set forth in the Staff Report. Chair
authorized to sign and the Clerk to attest.
Page 3Pinellas County Printed on 4/9/2019
March 12, 2019Board of County Commissioners Minutes - Final
Mr. Burton related that the Lessee plans to develop a hotel and commercial office building
on the site; whereupon, responding to queries by Chair Seel, Airport Director Thomas
Jewsbury indicated that the rental rate is consistent with other Airport leases, and explained
that rent credits are for infrastructure improvements.
A motion was made by Commissioner Welch, seconded by Vice-Chair Gerard, that the item be
approved. The motion carried by the following vote:
Aye:Chair Seel, Vice-Chair Gerard, Commissioner Eggers, Commissioner Justice,
Commissioner Long, Commissioner Peters, and Commissioner Welch
7 -
Convention and Visitors Bureau
14.Fourth Amendment to the Agreement with Birdsall, Voss & Associates, Inc. for requirements of
tourism marketing services.
Amendment to Contract No. 123-0268-P approved, increasing the contract amount by
$5,300,000.00 and extending the term by up to six months through September 30, 2019
(revised contract total, $83,939,235.00). Chair authorized to sign and the Clerk to attest.
Responding to query by Commissioner Eggers, Mr. Burton confirmed that a Request for
Proposal will be issued for future services.
A motion was made by Commissioner Welch, seconded by Commissioner Long, that the item be
approved. The motion carried by the following vote:
Aye:Chair Seel, Vice-Chair Gerard, Commissioner Eggers, Commissioner Justice,
Commissioner Long, Commissioner Peters, and Commissioner Welch
7 -
Economic Development
15.Increased matching share commitment and execution of documents to comply with the U.S.
Economic Development Administration request for additional information on the County’s grant
application for construction of the Tampa Bay Innovation Center Incubator.
Application for Federal Assistance and letter of commitment approved, increasing the local
matching share amount from $3,000,000.00 to $4,536,705.00 (total estimated project cost,
$12,000,000.00; requested federal funds, $7,463,295.00). County Administrator
authorized to execute non-monetary administrative documents related to the grant
application.
Director of Economic Development Mike Meidel explained that due to the County’s recent
decision not to sell the Young-Rainey STAR Center, the funding source for the $4.5 million
local match is undetermined; whereupon, he provided an overview of possible funding
options. During discussion, he related that the Economic Development Administration
(EDA) has set March 18 as the deadline for the County to approve increasing the matching
Page 4Pinellas County Printed on 4/9/2019
March 12, 2019Board of County Commissioners Minutes - Final
funds from the already-approved $3 million to $4.5 million; that if the County does not
approve the new match by the deadline, it would permanently lose the federal funds; and
that the federal agency has stated that it will not approve downsizing the project.
Chair Seel indicated that in addition to the $4.5 million, it is necessary to budget
approximately $1 million for equipment, and Mr. Meidel responded that staff would do
everything it could to offset the equipment cost including soliciting equipment donations by
private sector manufacturers.
Discussion ensued pertaining to the Board’s recent commitment of approximately $165
million from the 2020-2029 Penny for Pinellas infrastructure sales surtax to economic
development capital projects and housing. In response to query by Commissioner Welch,
Mr. Meidel related that the joint review committee overseeing the allocation decision will
meet on March 25 for organizational purposes; and that an outside consultant will prepare a
study on housing needs and will assist in drafting guidelines to be presented to the Board in
September.
Chair Seel noted that the ongoing review of County-owned properties might discover
surplus parcels that can be sold and used to assist in funding the project; and that $4.5
million is a good price for a 45,000-square-foot building.
Commissioners Eggers and Long expressed concerns and reluctance to approve the
matching fund increase in the absence of a designated funding source. Commissioner
Eggers inquired as to the degree of commitment being requested today from the Board,
and Chair Seel and Commissioner Gerard concurred that it would be regrettable to forfeit
the EDA funds after so much effort by staff.
Upon Chair Seel’s invitation, the following individuals provided comment:
Alison Barlow, Executive Director, St. Petersburg Innovation District
Tonya Elmore, President/CEO, Tampa Bay Innovation Center
Responding to concerns expressed by Commissioner Eggers, Mr. Meidel stated that he will
bring final numbers back to the Board for approval when the negotiations with EDA are
completed; and that there would still be an opportunity to vote it down at that time.
Commissioner Welch and Chair Seel concurred that the Board should continue to seek
State and private funding; and that the Penny IV surtax is a likely funding source, as the
project qualifies as economic development infrastructure. Commissioner Gerard noted that
EDA wants to see County commitment regardless of the funding source, and Attorney
White provided input.
Chair Seel expressed confidence that the joint review committee will be instrumental in
assisting the County to allocate the funds, adding that while the proposed center would be
located in St. Petersburg, it would represent all of Pinellas County.
Page 5Pinellas County Printed on 4/9/2019
March 12, 2019Board of County Commissioners Minutes - Final
A motion was made by Commissioner Welch, seconded by Commissioner Long, that the item be
approved. The motion carried by the following vote:
Aye:Chair Seel, Vice-Chair Gerard, Commissioner Justice, Commissioner Long, and
Commissioner Welch
5 -
Nay:Commissioner Eggers, and Commissioner Peters2 -
Public Works
16.Increase to the contract with R.J.P. Enterprises, Inc. for requirements of guardrail materials and
services.
Increase to Contract No. 145-0046-B in the amount of $60,000.00 approved for a revised
contract value of $555,000.00 through January 8, 2020 (annual amount, $277,500.00).
A motion was made by Commissioner Welch, seconded by Vice-Chair Gerard, that the item be
approved. The motion carried by the following vote:
Aye:Chair Seel, Vice-Chair Gerard, Commissioner Eggers, Commissioner Justice,
Commissioner Long, Commissioner Peters, and Commissioner Welch
7 -
Utilities
17.Change Order No.1 with Chemtrade Chemicals US, LLC for annual requirements of liquid
aluminum sulfate - a Tampa Bay Area Purchasing Cooperative contract.
(Contract No. 167-0128-B) Change Order approved increasing the product price from
$0.4538 to $0.5484 per gallon due to governmental tariffs; approved 60-month contract
amount of $3,143,699.50 is not impacted.
Responding to query by Chair Seel, Purchasing Director Joe Lauro related that, to his
knowledge, the chemicals originate in the United States.
A motion was made by Commissioner Long, seconded by Commissioner Peters, that the item be
approved. The motion carried by the following vote:
Aye:Chair Seel, Vice-Chair Gerard, Commissioner Eggers, Commissioner Justice,
Commissioner Long, Commissioner Peters, and Commissioner Welch
7 -
COUNTY ADMINISTRATOR
18.County Administrator Miscellaneous.
Mr. Burton outlined his ongoing efforts with regard to regional and local partnerships.
Page 6Pinellas County Printed on 4/9/2019
March 12, 2019Board of County Commissioners Minutes - Final
19.Proposed initiation of litigation in the case of Michael and Marinela Velasquez v. Highland Glen
of Clearwater Homeowners Association, Inc.; HUD Case No. 04-18-2707-8; Pinellas County
Case No.18-044 - alleged housing discrimination.
A motion was made by Vice-Chair Gerard, seconded by Commissioner Long, that the item be
approved. The motion carried by the following vote:
Aye:Chair Seel, Vice-Chair Gerard, Commissioner Eggers, Commissioner Justice,
Commissioner Long, Commissioner Peters, and Commissioner Welch
7 -
20.Proposed initiation of litigation in the case of Pinellas County v. Ernest P. Letourneau - action for
injunctive relief.
A motion was made by Commissioner Long, seconded by Vice-Chair Gerard, that the item be
approved. The motion carried by the following vote:
Aye:Chair Seel, Vice-Chair Gerard, Commissioner Eggers, Commissioner Justice,
Commissioner Long, Commissioner Peters, and Commissioner Welch
7 -
21.County Attorney Miscellaneous - None.
AUTHORITIES, BOARDS, CONSTITUTIONAL OFFICERS AND COUNCILS
CareerSource Pinellas
22.Agreement between Pinellas County Government and WorkNet Pinellas, Inc. dba CareerSource
Pinellas.
Interlocal Agreement approved, incorporating changes recommended by the Board of
County Commissioners and reviewed and approved by an Ad Hoc Committee consisting of
CareerSource Pinellas Board members.
Chair Seel and Commissioner Gerard expressed support for the changes, and responding
to query by Commissioner Welch, Commissioner Gerard related that the Board has not yet
selected its two appointees to the CareerSource Board of Directors. Economic
Development Director Mike Meidel provided input, noting that the openings have been
posted on the County’s website, and no applications have been received.
Responding to query by Commissioner Welch, Chair Seel related that she has had
discussions with CareerSource Chair Jack Geller regarding the option of changing legal
representation; whereupon, Mr. Meidel confirmed that the 2006 agreement with Trenam
Law is terminable at will by either party, and that a search process is outlined in the revised
bylaws. Commissioner Welch requested that the bylaws be changed to clarify that the
General Counsel reports to the CareerSource Board and not to the CEO; and that language
be added requiring routine evaluations of the attorney, stating that the changes are crucial
to obtaining his support, and Mr. Meidel provided input. Commissioner Gerard indicated
Page 7Pinellas County Printed on 4/9/2019
COUNTY ATTORNEY
March 12, 2019Board of County Commissioners Minutes - Final
that she supports the requirement, noting that no evaluations have occurred in 13 years, and
suggested that the terms of the contract also be reviewed.
Responding to query by Chair Seel, Attorney White recommended approving the interlocal
agreement and suggested that the Board vote on the bylaws after further revisions are
made, and discussion ensued.
Chair Seel called for bifurcating the agenda item into separate votes, approving the
interlocal agreement and stipulating that further revisions to the bylaws be made and
brought back to the Board for consideration.
A motion was made by Vice-Chair Gerard, seconded by Commissioner Peters, that the Interlocal
Agreement be approved. The motion carried by the following vote:
Aye:Chair Seel, Vice-Chair Gerard, Commissioner Eggers, Commissioner Justice,
Commissioner Long, Commissioner Peters, and Commissioner Welch
7 -
Chair Seel requested a motion with regard to the bylaws, and responding to query by
Commissioner Eggers, clarified that the revisions will also apply to the Executive Director.
A motion was made by Vice-Chair Gerard, seconded by Commissioner Long, that the County
Attorney be directed to review the revised bylaws and make additional changes, as discussed,
pertaining to the Legal Counsel and Executive Director. The motion carried by the following vote:
Aye:Chair Seel, Vice-Chair Gerard, Commissioner Eggers, Commissioner Justice,
Commissioner Long, Commissioner Peters, and Commissioner Welch
7 -
23.Subsequent designation of local workforce area and continued charter of WorkNet Pinellas, Inc.
dba CareerSource Pinellas under the Workforce Innovation and Opportunity Act.
Application for subsequent designation and continued charter approved, covering a
two-year term beginning July 1, 2019 through June 30, 2021.
In response to query by Commissioner Eggers regarding levels of performance, Chair Seel
provided an overview of the application and suggested adding a cover letter that
acknowledges recognition that the language is required; whereupon, CareerSource Pinellas
CEO Jennifer Brackney indicated that that would be acceptable, and explained that the
language cannot be modified due to federal and state legal requirements.
Commissioner Welch commended Ms. Brackney, her staff, and the CareerSource Board for
their efforts in improving the organization and expressed concern pertaining to the
application form, stating that it remains uncertain what occurred prior to Ms. Brackney
assuming her position, specifically regarding the actual performance numbers; whereupon,
Chair Seel indicated that she will incorporate the members’ concerns into a cover letter.
In response to query by Chair Seel, Attorney White noted that the County is already liable for
the funds, and no additional liability is created by today’s vote; whereupon, Ms. Brackney
indicated that the Department of Economic Opportunity is responsible for outlining
performance levels and is expected to attend the March 20 CareerSource Board meeting to
present the performance information, and Commissioner Gerard provided input.
Page 8Pinellas County Printed on 4/9/2019
March 12, 2019Board of County Commissioners Minutes - Final
A motion was made by Commissioner Long, seconded by Commissioner Peters, that the item be
approved. The motion carried by the following vote:
Aye:Chair Seel, Vice-Chair Gerard, Commissioner Long, Commissioner Peters, and
Commissioner Welch
5 -
Nay:Commissioner Eggers, and Commissioner Justice2 -
Community Redevelopment Agency
24.Resolution authorizing amendments to the Lealman Community Redevelopment Area Plan
updating tax increment revenue projections and providing various text edits, including
amendments to Appendix C: Strategic Action Plan and Spending Budget.
Sitting as the Community Redevelopment Agency, the Board authorized transmittal of the
proposed resolution to the Board of County Commissioners with a recommendation of
approval.
A motion was made by Commissioner Peters, seconded by Commissioner Justice, that the item be
approved. The motion carried by the following vote:
Aye:Chair Seel, Vice-Chair Gerard, Commissioner Eggers, Commissioner Justice,
Commissioner Long, Commissioner Peters, and Commissioner Welch
7 -
25.Resolution delegating certain approval authority of the Pinellas County Community
Redevelopment Agency to the County Administrator (or his designee) in furtherance of
implementing the Redevelopment Plan for the Lealman Community Redevelopment Area.
Resolution No. 19-10 adopted granting the County Administrator authority to approve and
execute certain contracts, documents, and instruments up to $250,000 and grant
applications up to $1 million on behalf of the Community Redevelopment Agency and the
Board of County Commissioners.
Commissioner Justice recognized Lealman Community Redevelopment Area Advisory
Committee Chair Steve Cleveland in the audience and thanked him for his efforts. Chair
Seel and Commissioner Welch thanked Commissioner Justice for his leadership, and
discussion ensued pertaining to the success of various initiatives in the Lealman community
in recent years.
A motion was made by Vice-Chair Gerard, seconded by Commissioner Long, that the item be
approved. The motion carried by the following vote:
Aye:Chair Seel, Vice-Chair Gerard, Commissioner Eggers, Commissioner Justice,
Commissioner Long, Commissioner Peters, and Commissioner Welch
7 -
Page 9Pinellas County Printed on 4/9/2019
March 12, 2019Minutes - FinalBoard of County Commissioners
26.County Administrator Reports - None.
CITIZENS TO BE HEARD
27.Public Comment.
David Lomaka, re Neighborly
Bruce Rumble, Clearwater, re Pinellas Trail North Loop placement - submitted document
Scott Bressler, Clearwater, re expansion of Pinellas Trail
Aleksander Bame, Clearwater, re home and property liens - staff to follow up
David Ballard Geddis, Jr., Palm Harbor, re Americana! Canada America Mexico
Lenore Faulkner, Madeira Beach, re education excellence
Greg Pound, Largo
COUNTY COMMISSION
28.Funding Agreement with St. Petersburg College - Seminole Campus to support the new Civic
Building.
Agreement approved, providing funding in the amount of $20,000.00, as set forth in the
Staff Report.
Chair Seel noted that the new Civic Building will help serve the unincorporated part of
Seminole; that it will replicate certain services for the community previously provided by the
former County Connection Center; and that she does not believe the agreement sets a
precedent.
A motion was made by Commissioner Long, seconded by Commissioner Peters, that the item be
approved. The motion carried by the following vote:
Aye:Chair Seel, Vice-Chair Gerard, Commissioner Eggers, Commissioner Justice,
Commissioner Long, Commissioner Peters, and Commissioner Welch
7 -
29.Appointments to the Pinellas County Health Facilities Authority (Board of County Commissioners
as a whole).
Kevin Donoghue, Elizabeth Fountain, Denise M. Mineo, and Nancy Ridenour appointed for
four-year terms following a ballot vote.
30.Appointment to the Board of Adjustment (Individual Appointment by Commissioner Peters).
Jose Bello appointed to the Board of Adjustment and Appeals for a term up to four years,
concurrent with that of Commissioner Peters.
A motion was made by Commissioner Peters, seconded by Commissioner Eggers, that the item be
approved. The motion carried by the following vote:
Aye:Chair Seel, Vice-Chair Gerard, Commissioner Eggers, Commissioner Justice,
Commissioner Long, Commissioner Peters, and Commissioner Welch
7 -
Page 10Pinellas County Printed on 4/9/2019
COUNTY ADMINISTRATOR REPORTS
March 12, 2019Board of County Commissioners Minutes - Final
31.County Commission New Business Items:
- Sports Tourism Complex and Events Center (Commissioner Long)
Commissioner Long referred to a document titled Pinellas County Sports Tourism
Complex and Events Center Conceptual Executive Summary, provided background
information, and requested that the members consider the need for a feasibility study with
regard to establishing such a facility in Pinellas County. Chair Seel indicated that she has
spoken with County Attorney and Tourist Development Council (TDC) staff regarding the
associated costs of a study; and that there is interest for a facility of that kind.
During discussion, several members noted that adjacent counties have opened, or will be
opening, similar facilities; and that having a sports complex near Pinellas County beaches
would be an advantage against competing facilities. Commissioner Welch related that the
market for amateur sports is competitive; and that existing fields are very active and have
had a positive economic impact in the county, and Commissioner Peters noted that
identifying existing facilities would likely be a part of the feasibility study.
Chair Seel stated that the TDC has a team actively working with municipalities to help bring
tournaments to their locations; whereupon, the members discussed various challenges of
hosting and scheduling multiple events.
Following further discussion, Chair Seel noted that there is consensus to discuss the
matter at the next TDC meeting.
House Bill 1369
Commissioner Long related that the Florida Association of Counties is encouraging the
State of Florida to develop a resiliency plan for the state; and that the Board has been
asked to support House Bill 1369, which would establish a Florida Climate and Resiliency
Research Program.
Intergovernmental Liaison Brian Lowack indicated that Senator Jose Javier Rodriguez is
working on a similar bill as a companion to the House bill; and that should both bills make it
through committee, there is potential for an agreement on the final language of each bill.
Chair Seel noted that she is comfortable with the language of HB 1369; and that the Board
may wish to wait until the companion Senate bill is presented, and several members
concurred.
Page 11Pinellas County Printed on 4/9/2019
March 12, 2019Board of County Commissioners Minutes - Final
Commissioner Long
·Reported that the next Tampa Bay Area Regional Transit Authority meeting will be held
on April 26 in Manatee County; and that the Tampa Bay Regional Planning Council’s
Future of the Region Awards event will be held the same morning at the St. Petersburg
Carillon Park Hilton.
·Noted that Largo Medical Center has named Adam Rudd as its new Chief Executive
Officer.
·Provided information on her recent discussions with HCA Healthcare’s West Florida
Division President Dr. Ravi Chari and Duke Energy President and Chief Executive
Officer Lynn Good.
Commissioner Eggers
·Reported that Forward Pinellas will be meeting on March 13; that Tampa Bay Water’s
Executive Meeting will be held next Monday; and that the Tampa Bay Transportation
Management Area Leadership Group will meet on April 5.
·Discussed a National School Bus Illegal Passing Survey presented at a recent meeting
of the Pinellas Schools Collaborative.
·Commended the City of Dunedin Chamber of Commerce for its Teachers Appreciation
Breakfast 2019 event held on March 8.
·Noted his attendance at a Pinellas County Behavioral Health Systems meeting
yesterday with County staff, and discussed various upcoming events.
·Discussed a proposal for a Purple Heart monument and stated his concerns regarding
getting proper feedback from local veterans about its location and other matters, and
several members provided input.
Commissioner Gerard
·Reported that the CareerSource Pinellas Board will hold its next meeting on March 20;
and that it will be reviewing bids on April 3 regarding the sale of its Science Center in
west St. Petersburg.
·Stated that the Youth Advisory Committee will hold a meeting in March at Animal
Services and is planning a volunteer day to be held at Heritage Village; and that the
Committee’s current year will conclude in May.
Page 12Pinellas County Printed on 4/9/2019
32.County Commission Board Reports and Miscellaneous.
The members reported on the activities of their assigned Boards and Committees and
related or discussed the following items:
March 12, 2019Board of County Commissioners Minutes - Final
·Noted that a ceremony recognizing the historic designation and marker for the Rheba
Sutton White Chapel in Palm Harbor will be held on March 20; and that the Area Agency
on Aging of Pasco-Pinellas annual meeting and luncheon will be held on April 20.
·Reported that the naming ceremony for H. William Heller Hall located at the University of
South Florida St. Petersburg will be held on May 15.
·Discussed the possibility of having a Pinellas Day as part of the State Legislature in
Tallahassee, and several members provided input.
Commissioner Peters
·Stated her appreciation to County staff for the help she has received, and for doing
great work with the County’s business partners.
·Reported that a facility for mental health could soon be available in north county; and that
data supports a need for Marchman beds in the area.
·Attended groundbreaking ceremonies at Beckwith Electric Co. Inc. for its expansion
project, which is set to double its capacity, creating nearly 400 new jobs in the Pinellas
Park and Largo area.
·Discussed statistics from the recent meeting of the Pinellas County Fusion Group
regarding the opioid crisis and other threats to the county, and brief discussion ensued.
Commissioner Welch
·Provided information regarding the Small Business Enterprise event at the EpiCenter at
St. Petersburg College on March 1.
·Reported that the Business Technology Services Board received an update to its
security training policy, which now requires annual security training for employees; and
that the Board toured the operation center and technology showroom.
·Congratulated Coach Anthony Lawrence and the Lakewood Spartans high school boys
basketball team for reaching the championship game of the Class 6A state tournament.
Chair Seel
·Noted that the Juvenile Welfare Board will continue to receive applications for its Chief
Executive Officer through March 20; and that the applications will be reviewed on April
14, when 10 to 12 applications will be selected for further consideration.
·Offered condolences to Vivian Haicken and her family on the passing of Dr. Barry
Haicken, a long-time and respected medical doctor in the community.
Page 13Pinellas County Printed on 4/9/2019
Commissioner Justice
March 12, 2019Minutes - FinalBoard of County Commissioners
Meeting Recessed: 4:56 P.M.
Meeting Reconvened: 6:00 P.M.
PUBLIC HEARINGS
All public hearing items have been properly advertised. Affidavits of Publication have
been received and are on file in the Board Records Department.
AUTHORITIES, BOARDS, CONSTITUTIONAL OFFICERS AND COUNCILS
Countywide Planning Authority
33.Case No. CW 19-02 - City of St. Petersburg
Countywide Plan Map amendment from Recreation/Open Space to Residential Low Medium,
regarding 4.1 acres more or less, located generally north of Catalonia Way S. & Fairway Avenue
S.; north and west of Caesar Way S. & Alcazar Way S.; and northeast of Fairway Avenue S. &
Caesar Way S.
Ordinance No. 19-05 adopted approving Case No. CW 19-02. Forward Pinellas, in its role
as the Pinellas Planning Council, recommended approval of the proposal, and staff
concurred. No correspondence has been received. No citizens appeared to be heard.
A motion was made by Commissioner Welch, seconded by Vice-Chair Gerard, that the item be
approved. The motion carried by the following vote:
Aye:Chair Seel, Vice-Chair Gerard, Commissioner Eggers, Commissioner Justice,
Commissioner Peters, and Commissioner Welch
6 -
Absent:Commissioner Long1 -
34.Case No. CW 19-03 - City of Largo
Countywide Plan Map amendment from Residential Low Medium and Retail and Services to
Retail and Services, regarding 2.45 acres more or less, located at 2550 Roosevelt Boulevard.
Ordinance No. 19-06 adopted approving Case No. CW 19-03. Forward Pinellas, in its role
as the Pinellas Planning Council, recommended approval of the proposal, and staff
concurred. No correspondence has been received. No citizens appeared to be heard.
A motion was made by Commissioner Eggers, seconded by Commissioner Peters, that the item be
approved. The motion carried by the following vote:
Aye:Chair Seel, Vice-Chair Gerard, Commissioner Eggers, Commissioner Justice,
Commissioner Peters, and Commissioner Welch
6 -
Page 14Pinellas County Printed on 4/9/2019
Absent:1 - Commissioner Long
March 12, 2019Board of County Commissioners Minutes - Final
35.Case No. CW 19-04 - City of Largo
Countywide Plan Map amendment from Resort, Recreation/Open Space and No Designation to
Resort, regarding 4.6 acres more or less, located at 1300 Cove Cay Drive.
Forward Pinellas, in its role as the Pinellas Planning Council, recommended an alternative
compromise and referred the case back to the City of Largo for action, and staff concurred.
No correspondence has been received. No citizens appeared to be heard.
Mr. Burton indicated that the City of Largo has asked that the item be deferred until April 9,
2019. No one responded to the Chair’s call for persons wishing to speak on the matter;
whereupon, Chair Seel closed the public hearing and recommended deferring the item as
requested.
A motion was made by Commissioner Eggers, seconded by Commissioner Welch, that the item be
deferred. The motion carried by the following vote:
Aye:Chair Seel, Vice-Chair Gerard, Commissioner Eggers, Commissioner Justice,
Commissioner Peters, and Commissioner Welch
6 -
Absent:Commissioner Long1 -
BOARD OF COUNTY COMMISSIONERS
36.Resolution authorizing amendments to the Lealman Community Redevelopment Area Plan
updating tax increment revenue projections and providing various text edits, including
amendments to Appendix C: Strategic Action Plan and Spending Budget.
Resolution No. 19-11 adopted authorizing amendments to the Plan. The Lealman
Community Redevelopment Area Advisory Committee reviewed the amendment and
recommended approval. Updates provided by the Office of Management and Budget
indicate an increase in tax increment revenue from approximately $60 million to $91 million
over the 30-year life of the redevelopment trust fund. No correspondence has been
received. No citizens appeared to be heard.
A motion was made by Commissioner Justice, seconded by Vice-Chair Gerard, that the item be
approved. The motion carried by the following vote:
Aye:Chair Seel, Vice-Chair Gerard, Commissioner Eggers, Commissioner Justice,
Commissioner Peters, and Commissioner Welch
6 -
Absent:Commissioner Long1 -
Page 15Pinellas County Printed on 4/9/2019
March 12, 2019Board of County Commissioners Minutes - Final
Request for a zoning change from R-A, Residential Agriculture to C-2, General Retail
Commercial & Limited Services on approximately 0.40 acre consisting of the south 120 feet of
the property located at 6700 Ulmerton Road in unincorporated Largo (a portion of parcel
07/30/16/70956/100/0201).
Resolution No. 19-12 adopted approving the zoning change. The Local Planning Agency
recommended approval of the request, and staff concurred. No correspondence has been
received. No citizens appeared to be heard.
A motion was made by Vice-Chair Gerard, seconded by Commissioner Welch, that the item be
approved. The motion carried by the following vote:
Aye:Chair Seel, Vice-Chair Gerard, Commissioner Eggers, Commissioner Justice,
Commissioner Peters, and Commissioner Welch
6 -
Absent:Commissioner Long1 -
38.Case No. (Q) Z-03-02-19 (Pinellas Affordable Living, Inc.)
Request for a zoning change from R-4, One, Two and Three Family Residential to RM,
Multi-Family Residential on approximately 2.4 acres located at 6641 and 6661 62nd Avenue
North in unincorporated Pinellas Park.
Resolution No. 19-13 adopted approving the zoning change. The Local Planning Agency
recommended approval of the request, and staff concurred. No correspondence has been
received. No citizens appeared to be heard.
In response to queries by the members, Principal Planner Michael Schoderbock referred to
an aerial map and pointed out the location of the subject property and identified surrounding
land uses. In response to queries by the members, he related that public sidewalks and
other concerns are addressed during site plan review.
A motion was made by Commissioner Peters, seconded by Vice-Chair Gerard, that the item be
approved. The motion carried by the following vote:
Aye:Chair Seel, Vice-Chair Gerard, Commissioner Eggers, Commissioner Justice,
Commissioner Peters, and Commissioner Welch
6 -
Absent:Commissioner Long1 -
39.Resolution revising Solid Waste Tipping Fees.
Resolution No. 19-14 adopted providing for an annual increase in tipping fees for disposal
of approved solid waste at Solid Waste Disposal Facilities. Fees to increase six percent
annually for Fiscal Years 2020 through 2022. No correspondence has been received.
Upon the Chair’s call for persons wishing to be heard, City of Dunedin Division Director for
Solid Waste and Recycling William Pickrum appeared and noted that he is against the
proposed revision. He related that he is a member of the Solid Waste Technical
Page 16Pinellas County Printed on 4/9/2019
37.Case No. (Q) Z-02-02-19 (John Roberts)
March 12, 2019Board of County Commissioners Minutes - Final
Management Committee (TMC) for the County; that the Committee was given three options
to review; and that some members preferred an option to defer any rate increase until
decisions regarding the Solid Waste Master Plan and the County’s contract with Duke
Energy are resolved; whereupon, he noted that the TMC approved the proposed rate
increase by a six to five vote, and responded to queries by the members.
In response to queries by Commissioner Eggers, Assistant County Administrator Paul
Sacco discussed the timing and progress of finalizing the Master Plan. He indicated that
recommendations for the Plan are expected in May or June of this year; that evaluations will
follow on which of the recommended projects will be included in the 30-year Master Plan;
and that the overall process will have little to no impact on the timing of implementing a rate
increase at this time.
Regarding negotiations concerning a new power purchase agreement, Mr. Sacco stated
that the County will formally meet with Duke Energy in the first week of April; that revenue
from the new agreement is likely to be reduced when compared to the previous agreement;
and that some type of increase would be required to compensate for the difference.
Mr. Sacco related that a recent rate study concluded that for each year of delay in
increasing tipping fees, the rate would need to increase another 0.25 to 0.35 percent in
addition to the 6 percent included in the proposal.
Responding to queries by Commissioner Eggers, Mr. Sacco indicated that an additional
increase could be requested depending on the scale of future capital projects chosen to be
included in the Master Plan; and that only existing projects are included in the rate study
supporting the proposed increase.
Upon the Chair’s request, Public Resources Management Group (PRMG) Associate
Thierry A. Boveri conducted a PowerPoint presentation titled Solid Waste Financial
Forecast and Rate Study, provided background information, and discussed the breakdown
of revenues and expenditures in the financial plan, waste generation, and general
operations.
Mr. Boveri related that capacity payments currently represent over 50 percent of revenues;
that starting in 2025, the payments cease, resulting in a significant revenue shortfall; and
that projections thereafter require some form of rate increase to remain in balance with
operational costs, which would have to be evaluated annually; whereupon, he discussed
expenditures, the landfill closure liability and how it will be funded over time, and the three
scenarios previously presented to the TMC.
In response to queries by Commissioner Eggers, Mr. Boveri related that small changes
have a large impact on the forecast in later years; and that the rate of increase becomes
much higher for each year an increase is delayed. He discussed the impact on commercial
business and other general assumptions found in the study, and showed a chart comparing
Pinellas County rates to rates in other counties.
Page 17Pinellas County Printed on 4/9/2019
March 12, 2019Board of County Commissioners Minutes - Final
Responding to further queries by Commissioner Eggers, Mr. Boveri related that the fund is
operated as an enterprise fund; and that the County will still receive electricity payments
from Duke Energy in future years for the amount generated by the Waste-to-Energy plant,
but the additional capacity payments will cease at the end of 2024. He noted that future
decisions regarding changes in operations or starting a new facility have not been
calculated in the study; and that additional operational and capital costs would create a
greater need for incoming revenue.
Chair Seel closed the public hearing; whereupon, Commissioner Eggers stated that an
incremental increase is prudent; and that should future concerns unfold more favorably for
the County than what is expected, the Board could readdress the rate structure at any time.
A motion was made by Commissioner Eggers, seconded by Vice-Chair Gerard, that the item be
approved. The motion carried by the following vote:
Aye:Chair Seel, Vice-Chair Gerard, Commissioner Eggers, Commissioner Justice,
Commissioner Peters, and Commissioner Welch
6 -
Absent:Commissioner Long1 -
40.CP-04-02-19: Proposed Ordinance amending the Pinellas County Comprehensive Plan Future
Land Use and Quality Communities Element policies regarding the AIRCO site, amending the
Commercial General and Residential Office Retail future land use map (FLUM) categories and
rules to promote economic development and increased housing opportunities, removing the
12.5 unit per acre residential density restriction in the Residential Medium and Residential High
categories, and amending the Capital Improvements Element.
The Board authorized transmittal of the proposed ordinance to the Countywide Planning
Authority and Florida Department of Equal Opportunity for further review and a second
public hearing to be scheduled in May 2019. No correspondence has been received.
Referring to a PowerPoint presentation titled Doing Things! To Serve the Public and
various aerial maps and photographs, Planning Director Renea Vincent provided an
overview of the amendments. She noted that density would not be increased in the Coastal
High Hazard Area, and instead would remain capped at existing policy limits.
Ms. Vincent discussed removing zoning compatibility restrictions from the Future Land Use
categories, stating that they have inadvertently placed a burden on non-conforming
properties; and that the goal is to allow for the redevelopment of more properties without
needing to complete a change in land use or rezoning, especially when the proposed uses
may be similar to existing uses of the property.
Responding to queries by the members, Ms. Vincent related that policies regarding future
development of the AIRCO site were inserted into the Future Land Use element in 2010;
that there has been no activity on the site between then and today; and that the proposed
ordinance would set development of the site on equal footing with other industrially zoned
Page 18Pinellas County Printed on 4/9/2019
March 12, 2019Board of County Commissioners Minutes - Final
properties. She noted that a portion of the property must remain as a buffer to the adjacent
airport; and that a requirement to complete a transportation management plan for the
10-acre Commercial General portion is to be removed, as it overlaps with the normal site
plan process, which already requires an analysis of any transportation impacts; whereupon,
she referred to a map and pointed out uses of other portions of the property.
Ms. Vincent stated that amendments to the Capital Improvements element reflect current
requirements of Florida Statutes; that the new capital improvements portfolio management
process has been integrated as part of the amendments; and that it will allow future
decisions to reference the annual capital improvement plan through the budgeting process,
rather than having to amend the Capital Improvements element each year. Discussion
ensued, and she responded to queries by the members, noting that the proposed ordinance
will be discussed in tandem with the Airport Master Plan as part of public outreach to
Feather Sound area residents.
No one responded to the Chairman’s call for persons wishing to be heard.
A motion was made by Commissioner Eggers, seconded by Commissioner Welch, that the
proposed Ordinance be transmitted for review and a second public hearing be scheduled. The
motion carried by the following vote:
Aye:Chair Seel, Vice-Chair Gerard, Commissioner Eggers, Commissioner Justice,
Commissioner Peters, and Commissioner Welch
6 -
Absent:Commissioner Long1 -
ADJOURNMENT - 7:02 P.M.
__________________________
Chair
ATTEST: KEN BURKE, CLERK
By__________________________
Deputy Clerk
Page 19Pinellas County Printed on 4/9/2019
Solid Waste Disposal Rates and Fees Increase FY2020
FAQ
What rates are going up and when will the new rates start?
Pinellas County Solid Waste is increasing disposal and special fees for municipal solid waste,
commercial and yard waste—also known as tipping fees—by an average of 6 percent, beginning
on Oct. 1, 2019.
When was the last rate increase?
This is the first rate increase in 30 years.
Why are the rates going up?
The 30-year contract with Duke Energy for energy sales and capacity payments is ending in
2024. Revenues from this contract—specifically the capacity payments—are the primary source
of revenues to operate the solid waste management system.
Duke Energy pays capacity payments to the County because the Waste-to-Energy plant
produces electricity for the power grid. The electricity that is produced offsets the need for Duke
Energy to produce the same amount of power for the grid.
With the existing contract coming to an end, a new contract will be put in place, but with greatly
reduced revenues to the County. This reduction in revenue requires an increase in tipping fees
to sustain solid waste operational expenditures.
How does this increased rate compare to other county’s disposal rates?
Pinellas County Solid Waste will still have the lowest disposal rate in the Tampa Bay region after
the increase goes into effect. The rate is almost half the rate charged by Pasco and Hillsborough
counties, and the city of Tampa.
What will the funds from the rate increase pay for?
The majority of the funds generated from the rate increase will go to operating expenses that
were previously paid for by the capacity payments from Duke Energy. Some of those ongoing
expenses include $9.6 million in annual landfill operating expenses, approximately $840,000 in
annual tire processing and $24 million in annual operating expenses for the Waste-to-Energy
facility.
In addition, the County will need to fund long-term landfill closure care, which is a regulatory
requirement and one of the most expensive aspects of landfill operation. The County is currently
funding closure care for Toytown—a closed section of landfill. Those expenses include $144,000
per year in vegetative maintenance, $5.04 million in annual sewer costs and approximately $7.8
million to construct an underdrain to mitigate runoff of stormwater.
How much more will a family pay per year?
The average family of four producing one ton of trash per year will see an average increase of
$2.25 per year if they bring their trash directly to the Solid Waste Disposal Complex.
What if I pay my city or a commercial collection provider for trash pickup?
Municipal and commercial garbage collection providers—who will also pay the new rates—bill
separately for their services and have the right to adjust their fees as they deem necessary.
What rates are going up?
Disposal rates will increase for:
Municipal, commercial and yard waste, from $37.50 to $39.75 per ton.
There are proposed rate increases for:
Tires, from $50.50 to $75 per ton, with no flat rate.
Car flat-rate, from $2 to $3 per load.
Other proposed increases include fees charged for handling of waste in addition to the disposal
rates that are being put in place or increasing.
Special Handling Services Fee (formerly known as the Special Waste Fee) will increase
from $100 to $110. The fee applies to wastes, such as asbestos, sludge, deceased
animals, soil, treated lumber or industrial process waste.
Out-of-county rate for municipal solid waste, commercial waste and yard waste will
increase from $75 to $79.50 per ton.
When will the proposed rates and fees be reviewed by the Board of County
Commissioners?
The proposed increases will be considered by the Board of County Commissioners during the
2nd public hearing for the FY20 budget on Tuesday, Sept. 24, 2019, beginning at 6 p.m. If
approved, the new rates and fees will go into effect on Oct. 1, 2019.
Are any rates staying the same?
The pickup truck and van rate of $10 per load will stay the same, along with the $3 per load rate
for up to five Christmas trees.
Will there be any future rate increases?
Solid Waste anticipates requesting two more rate increases—each at 6 percent—over the next
two years to continue offsetting the loss of revenue from the Duke Energy contract and to avoid
dramatically higher percentage increases in the future.
The Technical Management Committee (TMC), a body comprised of municipal solid waste
representatives and a representative for the private haulers in Pinellas County, evaluated a variety
of financial scenarios, including:
o Raising tipping fees by approximately 6% per year, effective October 1, 2019,
through 2024.
o Waiting to raise tipping fees until 2024.
o Waiting to raise tipping fees until 2029 when reserves are nearly depleted.
The TMC recommended to the Board of County Commissioners to increase the tipping fee each
year by approximately 6% for the next three years. The Board of County Commissioners approved
the plan on March 12, 2019.
What is the lifespan of our landfill in Pinellas County?
The County’s landfill—at the current waste generation rate—has 84 years of space left. The
County is finalizing a new Solid Waste 30-year master plan and has identified multiple strategies
to extend the life of the landfill, including recycling programs, waste diversion programs and re-
use programs. In addition, between Fiscal Years 2015 and 2022, the County will have invested
$250 million in replacements and major maintenance repairs to the Waste-to-Energy facility.
This will extend the facility’s life by 30 years.
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#19-7041
Agenda Date: 11/4/2019 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Solid Waste/General Services
Agenda Number: 6.3
SUBJECT/RECOMMENDATION:
Approve award of Invitation to Bid 55-19 for the purchase and installation of on-board tractor
and trailer weighing systems from Tampa Crane and Body Acquisition, LLC in the amount of
$120,700 and authorize the appropriate officials to execute same. (consent)
SUMMARY:
Bid 55-19 was issued by the Purchasing Department on September 12, 2019. Two bids were
received in response to the bid. Staff is recommending the acceptance of the lower bid from
Tampa Crane & Body Acquisition, LLC.
The on-board tractor and trailer weighing system will allow the City’s new transfer station to
operate at maximum efficiency by providing accurate, real-time load weights as the trailers are
being loaded. Weights are communicated via two digital displays: the first is dash mounted for
the driver in the tractor and the second is wall mounted for the crane operator overseeing the
loading process. Having real-time load weights during the loading process prevents
under-loading trailers, which negatively impacts efficiency, and prevents over-loading trailers,
which subjects drivers to costly DOT fines and may result in damaged equipment. Without an
on-board weighing system all the city’s outbound tractor-trailers would be required to drive
across the city’s in-ground scales to be weighed. This is the point at which overloaded trailers
would be identified and sent back to the transfer station to have part of its load removed - a
slow and costly process that would impact the overall operations of the entire facility.
APPROPRIATION CODE AND AMOUNT:
Funds are available in capital improvement project SRTS 1800001 Solid Waste Transfer
Station Upgrade & Retrofit.
Page 1 City of Clearwater Printed on 11/3/2019
On-Board Tractor and Trailer Weighing System 1 ITB #55-19
INVITATION TO BID
#55-19
On-Board Tractor and Trailer Weighing System
September 12, 2019
NOTICE IS HEREBY GIVEN that sealed bids will be received by the City of Clearwater (City) until 10:00
A.M., Local Time, October 10, 2019 to provide On-Board Tractor and Trailer Weighing System.
Brief Description: The City of Clearwater is soliciting sealed bids for on-board weighing systems
for our Solid Waste transfer station refuse tractors and trailers.
Bids must be in accordance with the provisions, specifications and instructions set forth herein and will be
received by Purchasing until the above noted time, when they will be publicly acknowledged and accepted.
Bid packets, any attachments and addenda are available for download at www.myclearwater.com/bid .
Please read the entire solicitation package and submit the bid in accordance with the instructions. This
document (less this invitation and the instructions) and any required response documents, attachments,
and submissions will constitute the bid.
General, Process or Technical Questions concerning this solicitation should be
directed, IN WRITING, to the following Procurement Analyst:
Kelly Rogers
Procurement Analyst
Kelly.Rogers@myclearwater.com
This Invitation to Bid is issued by:
Alyce Benge, CPPO, C.P.M.
Purchasing Manager
Alyce.Benge@myclearwater.com
INSTRUCTIONS
On-Board Tractor and Trailer Weighing System 2 ITB #55-19
i.1 VENDOR QUESTIONS: All questions regarding the contents of this solicitation, and solicitation
process (including requests for ADA accommodations), shall be directed solely to the Purchasing
Manager. Questions should be submitted in writing via letter, fax or email. Questions received
less than seven (7) calendar days prior to the due date and time may be answered at the discretion
of the City.
i.2 ADDENDA/CLARIFICATIONS: Any changes to the specifications will be in the form of an
addendum. Addenda are posted on the City website and e-mailed to those who register on the
City website when downloading solicitations no less than seven (7) days prior to the Due Date.
Vendors are cautioned to check the Purchasing Website for addenda and clarifications prior
to submitting their bid. The City cannot be held responsible if a vendor fails to receive any
addenda issued. The City shall not be responsible for any oral changes to these specifications
made by any employees or officer of the City. Failure to acknowledge receipt of an addendum may
result in disqualification of a bid.
i.3 VENDOR CONFERENCE / SITE VISIT: Yes No
Mandatory Attendance: Yes No
If so designated above, attendance is mandatory as a condition of submitting a bid. The
conference/site visit provides interested parties an opportunity to discuss the City's needs, inspect
the site and ask questions. During any site visit you must fully acquaint yourself with the conditions
as they exist and the character of the operations to be conducted under the resulting contract.
i.4 DUE DATE & TIME FOR SUBMISSION AND OPENING:
Date: October 10, 2019
Time: 10:00 A.M. (Local Time)
The City will open all bids properly and timely submitted and will record the names and other
information specified by law and rule. All bids become the property of the City and will not be
returned except in the case of a late submission. Respondent names, as read at the bid opening,
will be posted on the City website. Once a notice of intent to award is posted or 30 days from day
of opening elapses, whichever occurs earlier, bids are available for inspection by contacting
Purchasing.
i.5 BID FIRM TIME: 90 days from Opening
Bid shall remain firm and unaltered after opening for the number of days shown above. The City
may accept the bid, subject to successful contract negotiations, at any time during this time.
i.6 BID SECURITY: Yes No
If so designated above, a bid security in the amount specified must be submitted with the bid. The
security may be submitted in any one of the following forms: an executed surety bond issued by a
firm licensed and registered to transact such business with the State of Florida; cash; certified
check, or cashier's check payable to the City of Clearwater (personal or company checks are not
acceptable); certificate of deposit or any other form of deposit issued by a financial institution and
acceptable to the City. Such bid security shall be forfeited to the City of Clearwater should the
bidder selected fail to execute a contract when requested.
PERFORMANCE SECURITY: Yes No
If required herein, the Contractor, simultaneously with the execution of the Contract, will be required
to furnish a performance security. The security may be submitted in one-year increments and in
any one of the following forms: an executed surety bond issued by a firm licensed and registered
to transact such business with the State of Florida; cash; certified check, cashier's check or money
order payable to the City of Clearwater (personal and company checks are not acceptable);
certificate of deposit or any other form of deposit issued by a financial institution and acceptable to
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On-Board Tractor and Trailer Weighing System 3 ITB #55-19
the City. If the Contractor fails or refuses to fully comply with the terms and conditions of the
contract, the City shall have the right to use all or such part of said security as may be necessary
to reimburse the City for loss sustained by reason of such breach. The balance of said security, if
any, will be returned to Contractor upon the expiration or termination of the contract.
i.6 SUBMIT BIDS TO: Use label at the end of this solicitation package
City of Clearwater
Attn: Purchasing
100 S Myrtle Ave, 3rd Fl, Clearwater FL 33756-5520
or
PO Box 4748, Clearwater FL 33758-4748
Bids will be received at this address. Bidders may mail or hand-deliver bids. E-mail or fax
submissions will not be accepted.
No responsibility will attach to the City of Clearwater, its employees or agents for premature
opening of a bid that is not properly addressed and identified.
i.7 LATE BIDS. The bidder assumes responsibility for having the bid delivered on time at the place
specified. All bids received after the date and time specified shall not be considered and will be
returned unopened to the bidder. The bidder assumes the risk of any delay in the mail or in handling
of the mail by employees of the City of Clearwater, or any private courier, regardless whether sent
by mail or by means of personal delivery. You must allow adequate time to accommodate all
registration and security screenings at the delivery site. A valid photo I.D. may be required. It shall
not be sufficient to show that you mailed or commenced delivery before the due date and time. All
times are Clearwater, Florida local times. The bidder agrees to accept the time stamp in the City
Purchasing Office as the official time.
i.8 COMMENCEMENT OF WORK. If bidder begins any billable work prior to the City’s final approval
and execution of the contract, bidder does so at its own risk.
i.9 RESPONSIBILITY TO READ AND UNDERSTAND. Failure to read, examine and understand the
solicitation will not excuse any failure to comply with the requirements of the solicitation or any
resulting contract, nor shall such failure be a basis for claiming additional compensation. If a vendor
suspects an error, omission or discrepancy in this solicitation, the vendor must immediately and in
any case not later than seven (7) business days in advance of the due date notify the contact on
page one (1). The City is not responsible for and will not pay any costs associated with the
preparation and submission of the bid. Bidders are cautioned to verify their bids before submission,
as amendments to or withdrawal of bids submitted after time specified for opening of bids may not
be considered. The City will not be responsible for any bidder errors or omissions.
i.10 FORM AND CONTENT OF BIDS. Unless otherwise instructed or allowed, bids shall be submitted
on the forms provided. An original and the designated number of copies of each bid are required.
Bids, including modifications, must be submitted in ink, typed, or printed form and signed by an
authorized representative. Please line through and initial rather than erase changes. If the bid is
not properly signed or if any changes are not initialed, it may be considered non-responsive. In the
event of a disparity between the unit price and the extended price, the unit price shall prevail unless
obviously in error, as determined by the City. The City may require that an electronic copy of the
bid be submitted. The bid must provide all information requested and must address all points. The
City does not encourage exceptions. The City is not required to grant exceptions and depending
on the exception, the City may reject the bid.
i.11 SPECIFICATIONS. Technical specifications define the minimum acceptable standard. When the
specification calls for “Brand Name or Equal,” the brand name product is acceptable. Alternates
will be considered upon demonstrating the other product meets stated specifications and is
equivalent to the brand product in terms of quality, performance and desired characteristics.
Minor differences that do not affect the suitability of the supply or service for the City’s needs may
be accepted. Burden of proof that the product meets the minimum standards or is equal to the
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On-Board Tractor and Trailer Weighing System 4 ITB #55-19
brand name, product, is on the bidder. The City reserves the right to reject bids that the City deems
unacceptable.
i.12 MODIFICATION / WITHDRAWAL OF BID. Written requests to modify or withdraw the bid received
by the City prior to the scheduled opening time will be accepted and will be corrected after opening.
No oral requests will be allowed. Requests must be addressed and labeled in the same manner
as the bid and marked as a MODIFICATION or WITHDRAWAL of the bid. Requests for withdrawal
after the bid opening will only be granted upon proof of undue hardship and may result in the
forfeiture of any bid security. Any withdrawal after the bid opening shall be allowed solely at the
City’s discretion.
i.13 DEBARMENT DISCLOSURE. If the vendor submitting this bid has been debarred, suspended, or
otherwise lawfully precluded from participating in any public procurement activity, including being
disapproved as a subcontractor with any federal, state, or local government, or if any such
preclusion from participation from any public procurement activity is currently pending, the bidder
shall include a letter with its bid identifying the name and address of the governmental unit, the
effective date of this suspension or debarment, the duration of the suspension or debarment, and
the relevant circumstances relating the suspension or debarment.
i.14 RESERVATIONS. The City reserves the right to reject any or all bids or any part thereof; to rebid
the solicitation; to reject non-responsive or non-responsible bids; to reject unbalanced bids; to reject
bids where the terms, prices, and/or awards are conditioned upon another event; to reject individual
bids for failure to meet any requirement; to award by item, part or portion of an item, group of items,
or total; to make multiple awards; to waive minor irregularities, defects, omissions, technicalities or
form errors in any bid. The City may seek clarification of the bid from bidder at any time, and failure
to respond is cause for rejection. Submission of a bid confers on bidder no right to an award or to
a subsequent contract. The City is charged by its Charter to make an award that is in the best
interest of the City. All decisions on compliance, evaluation, terms and conditions shall be made
solely at the City’s discretion and made to favor the City. No binding contract will exist between
the bidder and the City until the City executes a written contract or purchase order.
i.15 OFFICIAL SOLICITATION DOCUMENT. Changes to the solicitation document made by a bidder
may not be acknowledged or accepted by the City. Award or execution of a contract does not
constitute acceptance of a changed term, condition or specification unless specifically
acknowledged and agreed to by the City. The copy maintained and published by the City shall be
the official solicitation document.
i.16 COPYING OF BIDS. Bidder hereby grants the City permission to copy all parts of its bid, including
without limitation any documents and/or materials copyrighted by the bidder. The City’s right to
copy shall be for internal use in evaluating the proposal.
i.17 CONTRACTOR ETHICS. It is the policy of the City to promote courtesy, fairness, impartiality,
integrity, service, professionalism, economy, and government by law in the Procurement process.
The responsibility for implementing this policy rests with each individual who participates in the
Procurement process, including Respondents and Contractors.
To achieve the purpose of this Article, it is essential that Respondents and Contractors doing
business with the City also observe the ethical standards prescribed herein. It shall be a breach of
ethical standards to:
a. Exert any effort to influence any City employee or agent to breach the standards of ethical
conduct.
b. Intentionally invoice any amount greater than provided in Contract or to invoice for Materials or
Services not provided.
c. Intentionally offer or provide sub-standard Materials or Services or to intentionally not comply
with any term, condition, specification or other requirement of a City Contract.
i.18 GIFTS. The City will accept no gifts, gratuities or advertising products from bidders or prospective
bidders and affiliates. The City may request product samples from vendors for product evaluation.
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On-Board Tractor and Trailer Weighing System 5 ITB #55-19
i.19 PROTESTS AND APPEALS. If a Respondent believes there is a mistake, impropriety, or defect
in the solicitation, believes the City improperly rejected its proposal, and/or believes the selected
proposal is not in the City’s best interests, the Respondent may submit a written protest. All protests
and appeals are governed by the City of Clearwater Purchasing Policy and Procedures. If any
discrepancy exists between this Section and the Purchasing Policy, the language of the Purchasing
Policy controls.
Protests based upon alleged mistake, impropriety, or defect in a solicitation that is apparent before
the bid opening must be filed with the Procurement Officer no later than five (5) business days
before Bid Opening. Protests that only become apparent after the Bid Opening must be filed within
ten (10) business days of the alleged violation of the applicable purchasing ordinance. The
complete protest procedure can be obtained by contacting Purchasing.
ADDRESS PROTESTS TO:
Alyce Benge, CPPO, C.P.M.
Purchasing Manager
100 S Myrtle Ave, 3rd Fl
Clearwater FL 33756-5520
or
PO Box 4748
Clearwater FL 33758-4748
INSTRUCTIONS – EVALUATION
On-Board Tractor and Trailer Weighing System 6 ITB #55-19
i.20 EVALUATION PROCESS. Bids will be reviewed by Purchasing and representative(s) of the
respective department(s). The City staff may or may not initiate discussions with bidders for
clarification purposes. Clarification is not an opportunity to change the bid. Bidders shall not initiate
discussions with any City employee or official.
i.21 PRESENTATIONS/INTERVIEWS. The bidder must provide a formal presentation/interview upon
request.
i.22 CRITERIA FOR EVALUATION AND AWARD. The City evaluates three (3) categories of
information: responsiveness, responsibility, and price. All bids must meet the following
responsiveness and responsibility criteria to be considered further.
a) Responsiveness. The City will determine whether the bid complies with the instructions for
submitting bids including completeness of bid which encompasses the inclusion of all required
attachments and submissions. The City must reject any bids that are submitted late. Failure
to meet other requirements may result in rejection.
b) Responsibility. The City will determine whether the bidder is one with whom it can or should
do business. Factors that the City may evaluate to determine "responsibility" include, but are
not limited to: excessively high or low priced bids, past performance, references (including
those found outside the bid), compliance with applicable laws-including tax laws, bidder's
record of performance and integrity - e.g. has the bidder been delinquent or unfaithful to any
contract with the City, whether the bidder is qualified legally to contract with the City, financial
stability and the perceived ability to perform completely as specified. A bidder must at all
times have financial resources sufficient, in the opinion of the City, to ensure performance of
the contract and must provide proof upon request. City staff may also use Dun & Bradstreet
and/or any generally available industry information. The City reserves the right to inspect and
review bidder’s facilities, equipment and personnel and those of any identified subcontractors.
The City will determine whether any failure to supply information, or the quality of the
information, will result in rejection.
c) Price. We will then evaluate the bids that have met the requirements above.
i.23 COST JUSTIFICATION. In the event only one response is received, the City may require that the
bidder submit a cost proposal in sufficient detail for the City to perform a cost/price analysis to
determine if the bid price is fair and reasonable.
i.24 CONTRACT NEGOTIATIONS AND ACCEPTANCE. Bidder must be prepared for the City to
accept the bid as submitted. If bidder fails to sign all documents necessary to successfully execute
the final contract within a reasonable time as specified, or negotiations do not result in an
acceptable agreement, the City may reject bid or revoke the award, and may begin negotiations
with another bidder. Final contract terms must be approved or signed by the appropriately
authorized City official(s). No binding contract will exist between the bidder and the City until the
City executes a written contract or purchase order.
i.25 NOTICE OF INTENT TO AWARD. Notices of the City’s intent to award a Contract are posted to
Purchasing’s website. It is the bidder’s responsibility to check the City of Clearwater’s
website at www.myclearwater.com/bid to view relevant bid information and notices.
i.26 BID TIMELINE. Dates are tentative and subject to change.
Release ITB: September 12, 2019
Advertise Tampa Bay Times: September 14, 2019
Bids due: October 10, 2019
Review bids: October 10-16, 2019
Award recommendation: October 17, 2019
Council authorization: November 7, 2019
Contract begins: November 2019
STANDARD TERMS AND CONDITIONS
On-Board Tractor and Trailer Weighing System 7 ITB #55-19
S.1 DEFINITIONS. Uses of the following terms are interchangeable as referenced: “vendor, contractor,
supplier, proposer, company, parties, persons”, “purchase order, PO, contract, agreement”, “city,
Clearwater, agency, requestor, parties”, “bid, proposal, response, quote”.
S.2 INDEPENDENT CONTRACTOR. It is expressly understood that the relationship of Contractor to
the City will be that of an independent contractor. Contractor and all persons employed by
Contractor, either directly or indirectly, are Contractor’s employees, not City employees.
Accordingly, Contractor and Contractor’s employees are not entitled to any benefits provided to
City employees including, but not limited to, health benefits, enrollment in a retirement system, paid
time off or other rights afforded City employees. Contractor employees will not be regarded as City
employees or agents for any purpose, including the payment of unemployment or workers’
compensation. If any Contractor employees or subcontractors assert a claim for wages or other
employment benefits against the City, Contractor will defend, indemnify and hold harmless the City
from all such claims.
S.3 SUBCONTRACTING. Contractor may not subcontract work under this Agreement without the
express written permission of the City. If Contractor has received authorization to subcontract work,
it is agreed that all subcontractors performing work under the Agreement must comply with its
provisions. Further, all agreements between Contractor and its subcontractors must provide that
the terms and conditions of this Agreement be incorporated therein.
S.4 ASSIGNMENT. This Agreement may not be assigned either in whole or in part without first
receiving the City’s written consent. Any attempted assignment, either in whole or in part, without
such consent will be null and void and in such event the City will have the right at its option to
terminate the Agreement. No granting of consent to any assignment will relieve Contractor from
any of its obligations and liabilities under the Agreement.
S.5 SUCCESSORS AND ASSIGNS, BINDING EFFECT. This Agreement will be binding upon and
inure to the benefit of the parties and their respective permitted successors and assigns.
S.6 NO THIRD-PARTY BENEFICIARIES. This Agreement is intended for the exclusive benefit of the
parties. Nothing set forth in this Agreement is intended to create, or will create, any benefits, rights,
or responsibilities in any third parties.
S.7 NON- EXCLUSIVITY. The City, in its sole discretion, reserves the right to request the materials or
services set forth herein from other sources when deemed necessary and appropriate. No
exclusive rights are encompassed through this Agreement.
S.8 AMENDMENTS. There will be no oral changes to this Agreement. This Agreement can only be
modified in a writing signed by both parties. No charge for extra work or material will be allowed
unless approved in writing, in advance, by the City and Contractor.
S.9 TIME OF THE ESSENCE. Time is of the essence to the performance of the parties’ obligations
under this Agreement.
S.10 COMPLIANCE WITH APPLICABLE LAWS.
a. General. Contractor must procure all permits and licenses and pay all charges and fees
necessary and incidental to the lawful conduct of business. Contractor must stay fully informed
of existing and future federal, state, and local laws, ordinances, and regulations that in any
manner affect the fulfillment of this Agreement and must comply with the same at its own
expense. Contractor bears full responsibility for training, safety, and providing necessary
equipment for all Contractor personnel to achieve throughout the term of the Agreement. Upon
request, Contractor will demonstrate to the City's satisfaction any programs, procedures, and
other activities used to ensure compliance.
b. Drug-Free Workplace. Contractor is hereby advised that the City has adopted a policy
establishing a drug-free workplace for itself and those doing business with the City to ensure
the safety and health of all persons working on City contracts and projects. Contractor will
require a drug-free workplace for all Contractor personnel working under this Agreement.
Specifically, all Contractor personnel who are working under this Agreement must be notified
in writing by Contractor that they are prohibited from the manufacture, distribution,
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dispensation, possession, or unlawful use of a controlled substance in the workplace.
Contractor agrees to prohibit the use of intoxicating substances by all Contractor personnel
and will ensure that Contractor personnel do not use or possess illegal drugs while in the course
of performing their duties.
c. Federal and State Immigration Laws. Contractor agrees to comply with the Immigration
Reform and Control Act of 1986 (IRCA) in performance under this Agreement and to permit the
City and its agents to inspect applicable personnel records to verify such compliance as
permitted by law. Contractor will ensure and keep appropriate records to demonstrate that all
Contractor personnel have a legal right to live and work in the United States.
(i) As applicable to Contractor, under this provision, Contractor hereby warrants to the City
that Contractor and each of its subcontractors will comply with, and are contractually
obligated to comply with, all federal immigration laws and regulations that relate to their
employees (hereinafter “Contractor Immigration Warranty”).
(ii) A breach of the Contractor Immigration Warranty will constitute as a material breach of this
Agreement and will subject Contractor to penalties up to and including termination of this
Agreement at the sole discretion of the City.
(iii) The City retains the legal right to inspect the papers of all Contractor personnel who provide
services under this Agreement to ensure that Contractor or its subcontractors are
complying with the Contractor Immigration Warranty. Contractor agrees to assist the City
in regard to any such inspections.
(iv) The City may, at its sole discretion, conduct random verification of the employment records
of Contractor and any subcontractor to ensure compliance with the Contractor Immigration
Warranty. Contractor agrees to assist the City in regard to any random verification
performed.
(v) Neither Contractor nor any subcontractor will be deemed to have materially breached the
Contractor Immigration Warranty if Contractor or subcontractor establishes that it has
complied with the employment verification provisions prescribed by Sections 274A and
274B of the Federal Immigration and Nationality Act.
d. Nondiscrimination. Contractor represents and warrants that it does not discriminate against
any employee or applicant for employment or person to whom it provides services because of
race, color, religion, sex, national origin, or disability, and represents and warrants that it
complies with all applicable federal, state, and local laws and executive orders regarding
employment. Contractor and Contractor’s personnel will comply with applicable provisions of
Title VII of the U.S. Civil Rights Act of 1964, as amended, Section 504 of the Federal
Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), and
applicable rules in performance under this Agreement.
S.11 SALES/USE TAX, OTHER TAXES. Contractor is responsible for the payment of all taxes including
federal, state, and local taxes related to or arising out of Contractor’s services under this
Agreement, including by way of illustration but not limitation, federal and state income tax, Social
Security tax, unemployment insurance taxes, and any other taxes or business license fees as
required. If any taxing authority should deem Contractor or Contractor employees an employee of
the City, or should otherwise claim the City is liable for the payment of taxes that are Contractor’s
responsibility under this Agreement, Contractor will indemnify the City for any tax liability, interest,
and penalties imposed upon the City.
The City is exempt from paying state and local sales/use taxes and certain federal excise taxes
and will furnish an exemption certificate upon request.
S.12 AMOUNTS DUE THE CITY. Contractor must be current and remain current in all obligations due
to the City during the performance of services under the Agreement. Payments to Contractor may
be offset by any delinquent amounts due the City or fees and charges owed to the City.
S.13 OPENNESS OF PROCUREMENT PROCESS. Written competitive proposals, replies, oral
presentations, meetings where vendors answer questions, other submissions, correspondence,
STANDARD TERMS AND CONDITIONS
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and all records made thereof, as well as negotiations or meetings where negotiation strategies are
discussed, conducted pursuant to this Invitation to Bid (ITB), shall be handled in compliance with
Chapters 119 and 286, Florida Statutes.
Proposals or replies received by the City pursuant to this ITB are exempt from public disclosure
until such time that the City provides notice of an intended decision or until 30 days after opening
the proposals, whichever is earlier. If the City rejects all proposals or replies pursuant to this ITB
and provides notice of its intent to reissue the ITB, then the rejected proposals or replies remain
exempt from public disclosure until such time that the City provides notice of an intended decision
concerning the reissued ITB or until the City withdraws the reissued ITB. A proposal or reply shall
not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all
proposals or replies.
Oral presentations, meetings where vendors answer questions, or meetings convened by City staff
to discuss negotiation strategies, if any, shall be closed to the public (and other proposers) in
compliance with Chapter 286 Florida Statutes. A complete recording shall be made of such closed
meeting. The recording of, and any records presented at, the exempt meeting shall be available to
the public when the City provides notice of an intended decision or until 30 days after opening
proposals or final replies, whichever occurs first. If the City rejects all proposals or replies pursuant
to this ITB and provides notice of its intent to reissue the ITB, then the recording and any records
presented at the exempt meeting remain exempt from public disclosure until such time that the City
provides notice of an intended decision concerning the reissued ITB or until the City withdraws the
reissued ITB. A recording and any records presented at an exempt meeting shall not be exempt
from public disclosure longer than 12 months after the initial City notice rejecting all proposals or
replies.
In addition to all other contract requirements as provided by law, the contractor executing
this agreement agrees to comply with public records law.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS, Rosemarie Call, phone: 727-562-4092 or
Rosemarie.Call@myclearwater.com, One Clearwater Tower, 6th Floor, 600 Cleveland Street,
Clearwater, FL 33756.
The contractor’s agreement to comply with public records law applies specifically to:
a) Keep and maintain public records required by the City of Clearwater (hereinafter “public
agency”) to perform the service being provided by the contractor hereunder.
b) Upon request from the public agency’s custodian of public records, provide the public agency
with a copy of the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided for in Chapter 119, Florida
Statutes, as may be amended from time to time, or as otherwise provided by law.
c) Ensure that the public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of the
contract term and following completion of the contract if the contractor does not transfer the
records to the public agency.
d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in
possession of the contractor or keep and maintain public records required by the public agency
to perform the service. If the contractor transfers all public records to the public agency upon
completion of the contract, the contractor shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements. If the
contractor keeps and maintains public records upon completion of the contract, the contractor
shall meet all applicable requirements for retaining public records. All records stored
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electronically must be provided to the public agency, upon request from the public agency’s
custodian of public records, in a format that is compatible with the information technology
systems of the public agency.
e) A request to inspect or copy public records relating to a public agency’s contract for services
must be made directly to the public agency. If the public agency does not possess the
requested records, the public agency shall immediately notify the contractor of the request and
the contractor must provide the records to the public agency or allow the records to be
inspected or copied within a reasonable time.
f) The contractor hereby acknowledges and agrees that if the contractor does not comply with
the public agency’s request for records, the public agency shall enforce the contract provisions
in accordance with the contract.
g) A contractor who fails to provide the public records to the public agency within a reasonable
time may be subject to penalties under Section 119.10, Florida Statutes.
h) If a civil action is filed against a contractor to compel production of public records relating to a
public agency’s contract for services, the court shall assess and award against the contractor
the reasonable costs of enforcement, including reasonable attorney fees, if:
1. The court determines that the contractor unlawfully refused to comply with the public
records request within a reasonable time; and
2. At least eight (8) business days before filing the action, the plaintiff provided written
notice of the public records request, including a statement that the contractor has not
complied with the request, to the public agency and to the contractor.
i) A notice complies with subparagraph (h)2. if it is sent to the public agency’s custodian of public
records and to the contractor at the contractor’s address listed on its contract with the public
agency or to the contractor’s registered agent. Such notices must be sent by common carrier
delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or
shipping paid by the sender and with evidence of delivery, which may be in an electronic format.
A contractor who complies with a public records request within 8 business days after the notice is
sent is not liable for the reasonable costs of enforcement.
S.14 AUDITS AND RECORDS. Contractor must preserve the records related to this Agreement for five
(5) years after completion of the Agreement. The City or its authorized agent reserves the right to
inspect any records related to the performance of work specified herein. In addition, the City may
inspect any and all payroll, billing or other relevant records kept by Contractor in relation to the
Agreement. Contractor will permit such inspections and audits during normal business hours and
upon reasonable notice by the City. The audit of records may occur at Contractor’s place of
business or at City offices, as determined by the City.
S.15 BACKGROUND CHECK. The City may conduct criminal, driver history, and all other requested
background checks of Contractor personnel who would perform services under the Agreement or
who will have access to the City’s information, data, or facilities in accordance with the City’s current
background check policies. Any officer, employee, or agent that fails the background check must
be replaced immediately for any reasonable cause not prohibited by law.
STANDARD TERMS AND CONDITIONS
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S.16 SECURITY CLEARANCE AND REMOVAL OF CONTRACTOR PERSONNEL. The City will
have final authority, based on security reasons: (i) to determine when security clearance of
Contractor personnel is required; (ii) to determine the nature of the security clearance, up to and
including fingerprinting Contractor personnel; and (iii) to determine whether or not any individual or
entity may provide services under this Agreement. If the City objects to any Contractor personnel
for any reasonable cause not prohibited by law, then Contractor will, upon notice from the City,
remove any such individual from performance of services under this Agreement.
S.17 DEFAULT.
a. A party will be in default if that party: (i) is or becomes insolvent or is a party to any voluntary
bankruptcy or receivership proceeding, makes an assignment for a creditor, or there is any
similar action that affects Contractor’s capability to perform under the Agreement; (ii) is the
subject of a petition for involuntary bankruptcy not removed within sixty (60) calendar days; (iii)
conducts business in an unethical manner or in an illegal manner; or (iv) fails to carry out
any term, promise, or condition of the Agreement.
b. Contractor will be in default of this Agreement if Contractor is debarred from participating in
City procurements and solicitations in accordance with the City’s Purchasing Policy and
Procedures Manual.
c. Notice and Opportunity to Cure. In the event a party is in default then the other party may,
at its option and at any time, provide written notice to the defaulting party of the default. The
defaulting party will have thirty (30) days from receipt of the notice to cure the default; the thirty
(30) day cure period may be extended by mutual agreement of the parties, but no cure period
may exceed ninety (90) days. A default notice will be deemed to be sufficient if it is reasonably
calculated to provide notice of the nature and extent of such default. Failure of the non-
defaulting party to provide notice of the default does not waive any rights under the Agreement.
d. Anticipatory Repudiation. Whenever the City in good faith has reason to question
Contractor’s intent or ability to perform, the City may demand that Contractor give a written
assurance of its intent and ability to perform. In the event that the demand is made and no
written assurance is given within five (5) calendar days, the City may treat this failure as an
anticipatory repudiation of the Agreement.
S.18 REMEDIES. The remedies set forth in this Agreement are not exclusive. Election of one remedy
will not preclude the use of other remedies. In the event of default:
a. The non-defaulting party may terminate the Agreement, and the termination will be effective
immediately or at such other date as specified by the terminating party.
b. The City may purchase the services required under the Agreement from the open market,
complete required work itself, or have it completed at the expense of Contractor. If the cost of
obtaining substitute services exceeds the contract price, the City may recover the excess cost
by: (i) requiring immediate reimbursement to the City; (ii) deduction from an unpaid balance
due to Contractor; (iii) collection against the proposal and/or performance security, if any; (iv)
collection against liquidated damages (if applicable); or (v) a combination of the
aforementioned remedies or other remedies as provided by law. Costs includes any and all,
fees, and expenses incurred in obtaining substitute services and expended in obtaining
reimbursement, including, but not limited to, administrative expenses, attorneys’ fees, and
costs.
c. The non-defaulting party will have all other rights granted under this Agreement and all rights
at law or in equity that may be available to it.
d. Neither party will be liable for incidental, special, or consequential damages.
S.19 CONTINUATION DURING DISPUTES. Contractor agrees that during any dispute between the
parties, Contractor will continue to perform its obligations until the dispute is settled, instructed to
cease performance by the City, enjoined or prohibited by judicial action, or otherwise required or
obligated to cease performance by other provisions in this Agreement.
STANDARD TERMS AND CONDITIONS
On-Board Tractor and Trailer Weighing System 12 ITB #55-19
S.20 TERMINATION FOR CONVENIENCE. The City reserves the right to terminate this Agreement in
part or in whole upon thirty (30) calendar days’ written notice.
S.21 TERMINATION FOR CONFLICT OF INTEREST Florida Statutes Section 112. Pursuant to F.S.
Section 112, the City may cancel this Agreement after its execution, without penalty or further
obligation, if any person significantly involved in initiating, securing, drafting, or creating the
Agreement for the City becomes an employee or agent of Contractor.
S.22 TERMINATION FOR NON-APPROPRIATION AND MODIFICATION FOR BUDGETARY
CONSTRAINT. The City is a governmental agency which relies upon the appropriation of funds
by its governing body to satisfy its obligations. If the City reasonably determines that it does not
have funds to meet its obligations under this Agreement, the City will have the right to terminate
the Agreement without penalty on the last day of the fiscal period for which funds were legally
available. In the event of such termination, the City agrees to provide written notice of its intent to
terminate thirty (30) calendar days prior to the stated termination date.
S.23 PAYMENT TO CONTRACTOR UPON TERMINATION. Upon termination of this Agreement,
Contractor will be entitled only to payment for those services performed up to the date of
termination, and any authorized expenses already incurred up to such date of termination. The
City will make final payment within thirty (30) calendar days after the City has both completed its
appraisal of the materials and services provided and received Contractor’s properly prepared final
invoice.
S.24 NON-WAIVER OF RIGHTS. There will be no waiver of any provision of this agreement unless
approved in writing and signed by the waiving party. Failure or delay to exercise any rights or
remedies provided herein or by law or in equity, or the acceptance of, or payment for, any services
hereunder, will not release the other party of any of the warranties or other obligations of the
Agreement and will not be deemed a waiver of any such rights or remedies.
S.25 INDEMNIFICATION/LIABILITY.
a. To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold the
City, its officers, agents, and employees, harmless from and against any and all liabilities,
demands, claims, suits, losses, damages, causes of action, fines or judgments, including costs,
attorneys’, witnesses’, and expert witnesses’ fees, and expenses incident thereto, relating to,
arising out of, or resulting from: (i) the services provided by Contractor personnel under this
Agreement; (ii) any negligent acts, errors, mistakes or omissions by Contractor or Contractor
personnel; and (iii) Contractor or Contractor personnel’s failure to comply with or fulfill the
obligations established by this Agreement.
b. Contractor will update the City during the course of the litigation to timely notify the City of any
issues that may involve the independent negligence of the City that is not covered by this
indemnification.
c. The City assumes no liability for actions of Contractor and will not indemnify or hold Contractor
or any third party harmless for claims based on this Agreement or use of Contractor-provided
supplies or services.
S.26 WARRANTY. Contractor warrants that the services and materials will conform to the requirements
of the Agreement. Additionally, Contractor warrants that all services will be performed in a good,
workman-like and professional manner. The City’s acceptance of service or materials provided by
Contractor will not relieve Contractor from its obligations under this warranty. If any materials or
services are of a substandard or unsatisfactory manner as determined by the City, Contractor, at
no additional charge to the City, will provide materials or redo such services until in accordance
with this Agreement and to the City’s reasonable satisfaction.
Unless otherwise agreed, Contractor warrants that materials will be new, unused, of most current
manufacture and not discontinued, will be free of defects in materials and workmanship, will be
provided in accordance with manufacturer's standard warranty for at least one (1) year unless
otherwise specified, and will perform in accordance with manufacturer's published specifications.
STANDARD TERMS AND CONDITIONS
On-Board Tractor and Trailer Weighing System 13 ITB #55-19
S.27 THE CITY’S RIGHT TO RECOVER AGAINST THIRD PARTIES. Contractor will do nothing to
prejudice the City’s right to recover against third parties for any loss, destruction, or damage to City
property, and will at the City’s request and expense, furnish to the City reasonable assistance and
cooperation, including assistance in the prosecution or defense of suit and the execution of
instruments of assignment in favor of the City in obtaining recovery.
S.28 NO GUARANTEE OF WORK. Contractor acknowledges and agrees that it is not entitled to deliver
any specific amount of materials or services or any materials or services at all under this Agreement
and acknowledges and agrees that the materials or services will be requested by the City on an as
needed basis at the sole discretion of the City. Any document referencing quantities or
performance frequencies represent the City's best estimate of current requirements, but will not
bind the City to purchase, accept, or pay for materials or services which exceed its actual needs.
S.29 OWNERSHIP. All deliverables, services, and information provided by Contractor or the City
pursuant to this Agreement (whether electronically or manually generated) including without
limitation, reports, test plans, and survey results, graphics, and technical tables, originally prepared
in the performance of this Agreement, are the property of the City and will not be used or released
by Contractor or any other person except with prior written permission by the City.
S.30 USE OF NAME. Contractor will not use the name of the City of Clearwater in any advertising or
publicity without obtaining the prior written consent of the City.
S.31 PROHIBITED ACTS. Pursuant to Florida Constitution Article II Section 8, a current or former public
officer or employee within the last two (2) years shall not represent another organization before the
City on any matter for which the officer or employee was directly concerned and personally
participated in during their service or employment or over which they had a substantial or material
administrative discretion.
S.32 FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB destination
freight prepaid and allowed unless otherwise agreed.
S.33 RISK OF LOSS. Contractor agrees to bear all risks of loss, injury, or destruction of goods or
equipment incidental to providing these services and such loss, injury, or destruction will not release
Contractor from any obligation hereunder.
S.34 SAFEGUARDING CITY PROPERTY. Contractor will be responsible for any damage to City real
property or damage or loss of City personal property when such property is the responsibility of or
in the custody of Contractor or its employees.
S.35 WARRANTY OF RIGHTS. Contractor warrants it has title to, or the right to allow the City to use,
the materials and services being provided and that the City may use same without suit, trouble or
hindrance from Contractor or third parties.
S.36 PROPRIETARY RIGHTS INDEMNIFICATION. Without limiting the foregoing, Contractor will
without limitation, at its expense defend the City against all claims asserted by any person that
anything provided by Contractor infringes a patent, copyright, trade secret or other intellectual
property right and must, without limitation, pay the costs, damages and attorneys' fees awarded
against the City in any such action, or pay any settlement of such action or claim. Each party agrees
to notify the other promptly of any matters to which this provision may apply and to cooperate with
each other in connection with such defense or settlement. If a preliminary or final judgment is
obtained against the City’s use or operation of the items provided by Contractor hereunder or any
part thereof by reason of any alleged infringement, Contractor will, at its expense and without
limitation, either: (a) modify the item so that it becomes non-infringing; (b) procure for the City the
right to continue to use the item; (c) substitute for the infringing item other item(s) having at least
equivalent capability; or (d) refund to the City an amount equal to the price paid, less reasonable
usage, from the time of installation acceptance through cessation of use, which amount will be
calculated on a useful life not less than five (5) years, plus any additional costs the City may incur
to acquire substitute supplies or services.
S.37 CONTRACT ADMINISTRATION. The contract will be administered by the Purchasing
Administrator and/or an authorized representative from the using department. All questions
regarding the contract will be referred to the administrator for resolution. Supplements may be
STANDARD TERMS AND CONDITIONS
On-Board Tractor and Trailer Weighing System 14 ITB #55-19
written to the contract for the addition or deletion of services. Payment will be negotiated and
determined by the contract administrator(s).
S.38 FORCE MAJEURE. Failure by either party to perform its duties and obligations will be excused by
unforeseeable circumstances beyond its reasonable control, including acts of nature, acts of the
public enemy, riots, fire, explosion, legislation, and governmental regulation. The party whose
performance is so affected will within five (5) calendar days of the unforeseeable circumstance
notify the other party of all pertinent facts and identify the force majeure event. The party whose
performance is so affected must also take all reasonable steps, promptly and diligently, to prevent
such causes if it is feasible to do so, or to minimize or eliminate the effect thereof. The delivery or
performance date will be extended for a period equal to the time lost by reason of delay, plus such
additional time as may be reasonably necessary to overcome the effect of the delay, provided
however, under no circumstances will delays caused by a force majeure extend beyond one
hundred-twenty (120) calendar days from the scheduled delivery or completion date of a task
unless agreed upon by the parties.
S.39 COOPERATIVE USE OF CONTRACT. The City has entered into various cooperative purchasing
agreements with other Florida government agencies, including the Tampa Bay Area Purchasing
Cooperative. Under a Cooperative Purchasing Agreement, any contract may be extended for use
by other municipalities, school districts and government agencies in the State of Florida with the
approval of Contractor. Any such usage by other entities must be in accordance with the statutes,
codes, ordinances, charter and/or procurement rules and regulations of the respective government
agency.
Orders placed by other agencies and payment thereof will be the sole responsibility of that agency.
The City is not responsible for any disputes arising out of transactions made by others.
S.40 FUEL CHARGES AND PRICE INCREASES. No fuel surcharges will be accepted. No price
increases will be accepted without proper request by Contractor and response by the City’s
Purchasing Division.
S.41 NOTICES. All notices to be given pursuant to this Agreement must be delivered to the parties at
their respective addresses. Notices may be (i) personally delivered; (ii) sent via certified or
registered mail, postage prepaid; (iii) sent via overnight courier; or (iv) sent via facsimile. If provided
by personal delivery, receipt will be deemed effective upon delivery. If sent via certified or
registered mail, receipt will be deemed effective three (3) calendar days after being deposited in
the United States mail. If sent via overnight courier or facsimile, receipt will be deemed effective
two (2) calendar days after the sending thereof.
S.42 GOVERNING LAW, VENUE. This Agreement is governed by the laws of the State of Florida. The
exclusive venue selected for any proceeding or suit in law or equity arising from or incident to this
Agreement will be Pinellas County, Florida.
S.43 INTEGRATION CLAUSE. This Agreement, including all attachments and exhibits hereto,
supersede all prior oral or written agreements, if any, between the parties and constitutes the entire
agreement between the parties with respect to the work to be performed.
S.44 PROVISIONS REQUIRED BY LAW. Any provision required by law to be in this Agreement is a
part of this Agreement as if fully stated in it.
S.45 SEVERABILITY. If any provision of this Agreement is declared void or unenforceable, such
provision will be severed from this Agreement, which will otherwise remain in full force and effect.
The parties will negotiate diligently in good faith for such amendment(s) of this Agreement as may
be necessary to achieve the original intent of this Agreement, notwithstanding such invalidity or
unenforceability.
S.46 SURVIVING PROVISIONS. Notwithstanding any completion, termination, or other expiration of
this Agreement, all provisions which, by the terms of reasonable interpretation thereof, set forth
rights and obligations that extend beyond completion, termination, or other expiration of this
Agreement, will survive and remain in full force and effect. Except as specifically provided in this
Agreement, completion, termination, or other expiration of this Agreement will not release any party
from any liability or obligation arising prior to the date of termination.
DETAILED SPECIFICATIONS
On-Board Tractor and Trailer Weighing System 15 ITB #55-19
1. INTRODUCTION. The City of Clearwater (City) is located on the West Coast of Florida in the
Tampa Bay region. It is the third largest city in the region with an estimated population of
110,000 residents. The City of Clearwater is a major tourist destination – Clearwater Beach was
recently rated #1 U.S. Beach by TripAdvisor, previously named “Florida’s Best Beach Town 2013”
by USA Today, and was on the “Top Ten List of Best Beaches from Maine to Hawaii”. The City of
Clearwater is home to the Philadelphia Phillies Spring Training and Clearwater Threshers Minor
League Baseball and hosts several sports tournaments through the year that attract visitors from
across the country. Clearwater is home for Winter the Dolphin and the Clearwater Marine Aquarium.
Winter’s story has made it all the way to Hollywood in the motion pictures “Dolphin Tale” and
“Dolphin Tale 2”, both filmed here in Clearwater.
2. SCOPE OF WORK. The successful bidder shall furnish and install all equipment required for nine
(9) Peterbilt tractors and nine (9) MAC walking floor trailers with on-board weighing systems, and
complementary display. Seven (7) of the nine (9) tractors are Holland sliding fifth wheel, however,
the slide will not be utilized. The other two (2) tractors are Holland non-slide fifth wheels. The Vendor
must be able to perform the required work in a professional, efficient and consistent manner.
3. GENERAL REQUIREMENTS. The Vendor must have the ability to deliver completed vehicles within
a maximum of five (5) weeks turnaround time.
The Vendor shall coordinate an initial consult with City representative(s) for the purpose of
planning the layout/location of equipment and the organization of wiring, switches, mountings,
etc.
The Vendor shall facilitate the review and approval of the vehicles completed, as requested
by the City.
The Vendor must have the appropriate facilities in order to provide the required services. The
facilities must be secure (e.g. security fences, alarm system, CCTV) whenever City vehicles
are present.
4. SPECIFICATIONS.
System shall include four (4) six to eight inch (6”- 8”) wireless displays; Two (2) for loader
operator on the tipping floor to monitor the weight of the vehicles being loaded, and two (2)
displays in a control room approximately three hundred fifty feet (350 ft) away.
The four (4) wireless displays shall be no smaller than a readable digit size of 6 inches (6”)
height and be able to communicate wirelessly.
All displays shall be able to read at a minimum; six (6) decimal digits and gross vehicle weight,
net weight, and tare weight on a scrolling basis.
System shall be a direct weighing system. Secondary weighing systems will not be considered
and will be deemed non-responsive.
System shall have a one to two percent (1-2%) accuracy rate.
System shall automatically identify and adjust for different tractor/trailer configurations with
simple operation and calibration.
Tractor sensors shall be bolt mounted, allowing for transfer between equipment on as-needed
basis (by the City).
Trailer sensors shall be bolt mounted on center hanger of a standard four (4) spring
suspension, allowing for transfer between equipment on as-needed basis (by the City).
Load sensors shall be internally wired and sealed for longevity.
All cables and other miscellaneous supplies to facilitate installation shall be included, not
limited to; nuts, bolts, conduit, etc.
DETAILED SPECIFICATIONS
On-Board Tractor and Trailer Weighing System 16 ITB #55-19
5. MINIMUM QUALIFICATIONS. Bidders are required to have the ability to provide and install the
specified equipment so that applicable warranties are not voided or made ineligible. Any equipment
manufacturer qualifications (i.e. certified installer, distributor, etc…) must also be provided.
6. DELIVERY. Delivery of completed vehicles shall be made to the City of Clearwater in accordance
with the Scope of Work - Specifications.
8. INSURANCE REQUIREMENTS. The Vendor shall, at its own cost and expense, acquire and
maintain (and cause any subcontractors, representatives or agents to acquire and maintain) during
the term with the City, sufficient insurance to adequately protect the respective interest of the parties.
Coverage shall be obtained with a carrier having an AM Best Rating of A-VII or better. In addition,
the City has the right to review the Contractor’s deductible or self-insured retention and to require
that it be reduced or eliminated.
Specifically the Vendor must carry the following minimum types and amounts of insurance on an
occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then
coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the
termination or expiration of this Agreement:
a. Commercial General Liability Insurance coverage, including but not limited to, premises
operations, products/completed operations, products liability, contractual liability, advertising
injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one
million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate.
b. Commercial Automobile Liability Insurance coverage for any owned, non-owned, hired or
borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars)
combined single limit.
c. Unless waived by the State of Florida and proof of waiver is provided to the City, statutory
Workers’ Compensation Insurance coverage in accordance with the laws of the State of
Florida, and Employer’s Liability Insurance in the minimum amount of $500,000 (five
hundred thousand dollars) each employee each accident, $500,000 (five hundred thousand
dollars) each employee by disease, and $500,000 (five hundred thousand dollars) disease
policy limit. Coverage should include Voluntary Compensation, Jones Act, and U.S.
Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be
applicable to employees, contractors, subcontractors, and volunteers, if any.
d. Professional Liability Insurance coverage appropriate for the type of business engaged in
by the Contractor with minimum limits of $1,000,000(one million dollars) per occurrence. If a
claims made form of coverage is provided, the retroactive date of coverage shall be no later
than the inception date of claims made coverage, unless prior policy was extended indefinitely
to cover prior acts. Coverage shall be extended beyond the policy year either by a
supplemental extended reporting period (ERP) of as great a duration as available, and with no
less coverage and with reinstated aggregate limits, or by requiring that any new policy provide
a retroactive date no later than the inception date of claims made coverage.
e. Garagekeepers Liability Insurance to cover bodily injury or property damage caused by an
accident arising out of garage operations with a limit of $1,000,000 (one million dollars). This
includes garage operations involving the ownership, maintenance or use of a garage
business. It also includes the ownership, maintenance or use of non-owned autos being
service or stored.
DETAILED SPECIFICATIONS
On-Board Tractor and Trailer Weighing System 17 ITB #55-19
f. Garage Liability A $1,000,000.00 (one million dollars) combined single limit for bodily and
property damage for the garage operation. (ii) Garagekeepers Legal Liability. $500,000.00 (five
hundred thousand dollars) limit for comprehensive and collision coverages for physical damage
to vehicles in the Borrowers’ care, custody and control. The policy can be subject to a
deductible of no greater than $2,500.00 (twenty-five hundred dollars) for each auto and
$10,000.00 (ten thousand dollars) for each loss.
The above insurance limits may be achieved by a combination of primary and umbrella/excess
liability policies.
Other Insurance Provisions.
a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the
insurance policy’s renewal date(s) for as long as this Agreement remains in effect, the Vendor
will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD certificate,
SIGNED by the Issuer, and with applicable endorsements) evidencing all of the coverage set
forth above and naming the City as an “Additional Insured” on the Commercial General Liability
Insurance and Auto Liability policies. In addition, when requested in writing from the City,
Vendor will provide the City with certified copies of all applicable policies. The address where
such certificates and certified policies shall be sent or delivered is as follows:
City of Clearwater
Attn: Purchasing Department, ITB #55-19
P.O. Box 4748
Clearwater, FL 33758-4748
b. Vendor shall provide thirty (30) days written notice of any cancellation, non-renewal,
termination, material change or reduction in coverage.
c. Vendor’s insurance as outlined above shall be primary and non-contributory coverage for
Vendor’s negligence.
d. Vendor reserves the right to appoint legal counsel to provide for the Vendor’s defense, for any
and all claims that may arise related to Agreement, work performed under this Agreement, or
to Vendor’s design, equipment, or service. Vendor agrees that the City shall not be liable to
reimburse Vendor for any legal fees or costs as a result of Vendor providing its defense as
contemplated herein.
The stipulated limits of coverage above shall not be construed as a limitation of any
potential liability to the City, and City’s failure to request evidence of this insurance shall
not be construed as a waiver of Vendor’s (or any contractors’, subcontractors’,
representatives’ or agents’) obligation to provide the insurance coverage specified.
MILESTONES
On-Board Tractor and Trailer Weighing System 18 ITB #55-19
1. TIMEFRAME FOR PURCHASE. Anticipated purchase(s) to be made in November 2019. City will
pay milestone invoices for equipment orders (as acknowledged by source) and as each unit is
installed.
If the commencement of performance is delayed because the City does not execute the contract
on the start date, the City may adjust the start date, end date and milestones to reflect the delayed
execution.
2. PRICES. All pricing shall be firm for the period indicated in bid instructions. Except where otherwise
provided by the specifications, and include all transportation, insurance and warranty costs. The
City shall not be invoiced at prices higher than those stated in any contract resulting from this bid.
The Vendor certifies that the prices offered are no higher than the lowest price the Contractor
charges other buyers for similar quantities under similar conditions. The Contractor further agrees
that any reductions in the price of the goods or services covered by this bid and occurring after
award will apply to the undelivered balance. The Contractor shall promptly notify the City of such
price reductions.
No fuel surcharges will be paid by the City.
BID SUBMISSION
On-Board Tractor and Trailer Weighing System 19 ITB #55-19
1. BID SUBMISSION. Submit one (1) signed original bid and one (1) electronic copy of the bid in a
sealed container.
2. BIDDER RESPONSE CHECKLIST. This checklist is provided for your convenience. It is not
necessary to return a copy of this solicitation’s Instructions, Terms and Conditions, or Detailed
Specifications with your bid response. Only submit the requested forms and any other requested
or descriptive literature.
Original and proper number of copies with electronic format
Bid container properly labeled
Bid pricing form
Exceptions/Additional Materials/Addenda form
Vendor Information form
Scrutinized Companies form
Offer Certification form
W-9 Form to be provided by Bidder (http://www.irs.gov/pub/irs-pdf/fw9.pdf)
Warranty information
Any equipment manufacturer qualifications (i.e. certified installer, distributor, etc.)
BID PRICING
On-Board Tractor and Trailer Weighing System 20 ITB #55-19
Pursuant to the contract specifications enumerated and described in this solicitation, we agree to furnish
On-Board Tractor and Trailer Weighing System to the City of Clearwater at the price(s) stated below.
Description Quantity Unit Unit Price Total Cost
On-board Weighing System
(Holland fifth-wheels) 9 Each $ $
On-board Weighing System
(MAC Trailers) 9 Each $ $
Displays 4 Each $ $
Installation and Set-up of System 1 Each $ $
Installation per Scale 18 Each $ $
Total Bid $
An itemized quotation indicating weighing system specifications, base price, and accessories unit
pricing, shall be included for bid to be deemed valid.
DELIVERY REQUIREMENTS
FOB: Destination, Delivered Freight Prepaid and Allowed
Unit price must include all freight and transportation charges
Delivery, as stated in Detailed Specifications, can be met Yes No
If no, specify lead time for delivery
PAYMENT TERMS
Select one choice of payment terms:
Net 30, City of Clearwater’s standard payment terms
2%15, Net 30
_____%10, Net 30 (identify discount not less than 3%)
Vendor: _________________________________________ Date: _______________________________
EXCEPTIONS/ADDITIONAL MATERIALS/ADDENDA
On-Board Tractor and Trailer Weighing System 21 ITB #55-19
Bidders shall indicate any and all exceptions taken to the provisions or specifications in this solicitation
document. Exceptions that surface elsewhere and that do not also appear under this section shall be
considered invalid and void and of no contractual significance.
Exceptions (mark one):
Note – Any material exceptions taken to the City’s Standard Terms and Conditions will render a Bid
Non-responsive.
No exceptions
Exceptions taken (describe--attach additional pages if needed)
Additional Materials submitted (mark one):
No additional materials have been included with this bid
Additional Materials attached (describe--attach additional pages if needed)
Addenda
Bidders are responsible for verifying receipt of any addenda issued by checking the City’s website at
http://www.myclearwater.com/business/bid-information/ prior to the bid opening. Failure to acknowledge
any addenda issued may result in a response being deemed non-responsive.
Acknowledgement of Receipt of Addenda (initial for each addenda received, if applicable):
Addenda Number Initial to acknowledge receipt
Vendor Name ____ Date: ____
VENDOR INFORMATION
On-Board Tractor and Trailer Weighing System 22 ITB #55-19
Company Legal/Corporate Name:
Doing Business As (if different than above):
Address:
City: State: Zip: -
Phone: Fax:
E-Mail Address: Website:
DUNS #
Remit to Address (if different than above): Order from Address (if different from above):
Address: Address:
City: State: Zip: City: State: Zip:
Contact for Questions about this bid:
Name: Fax:
Phone: E-Mail Address:
Day-to-Day Project Contact (if awarded):
Name: Fax:
Phone: E-Mail Address:
Certified Small Business Certifying Agency:
Certified Minority, Woman or Disadvantaged Business Enterprise Certifying Agency:
SCRUTINIZED BUSINESSES
SCRUTINIZED COMPANIES THAT BOYCOTT ISRAEL LIST CERTIFICATION FORM
THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO
SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE.
The affiant, by virtue of the signature below, certifies that:
1. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements
of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies that Boycott
Israel List, or engaged in a boycott of Israel; and
2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this
solicitation and is not listed on the Scrutinized Companies that Boycott Israel List, or engaged in a
boycott of Israel; and
3. “Boycott Israel” or “boycott of Israel” means refusing to deal, terminating business activities, or taking
other actions to limit commercial relations with Israel, or persons or entities doing business in Israel or
in Israeli-controlled territories, in a discriminatory manner. A statement by a company that it is
participating in a boycott of Israel, or that it has initiated a boycott in response to a request for a boycott
of Israel or in compliance with, or in furtherance of, calls for a boycott of Israel, may be considered as
evidence that a company is participating in a boycott of Israel; and
4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate,
or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days
after any of its principals are placed on the Scrutinized Companies that Boycott Israel List, or engaged
in a boycott of Israel.
__________________________________________
Authorized Signature
__________________________________________
Printed Name
__________________________________________
Title
__________________________________________
Name of Entity/Corporation
STATE OF _____________________
COUNTY OF ___________________
The foregoing instrument was acknowledged before me on this ______ day of _____________________,
20____, by _________________________________ (name of person whose signature is being
notarized) as the ________________________ (title) of
________________________________________ (name of corporation/entity), personally known to me
as described herein _____________________, or produced a _________________________ (type of
identification) as identification, and who did/did not take an oath.
______________________________________
_
Notary Public
____________________________________
Printed Name
My Commission Expires: __________________
NOTARY SEAL ABOVE
OFFER CERTIFICATION
On-Board Tractor and Trailer Weighing System 24 ITB #55-19
By signing and submitting this Bid, the Vendor certifies that:
a) It is under no legal prohibition on contracting with the City of Clearwater.
b) It has read, understands, and is in compliance with the specifications, terms and conditions stated herein, as
well as its attachments, and any referenced documents.
c) It has no known, undisclosed conflicts of interest.
d) The prices offered were independently developed without consultation or collusion with any of the other
respondents or potential respondents or any other anti-competitive practices.
e) No offer of gifts, payments or other consideration were made to any City employee, officer, elected official, or
consultant who has or may have had a role in the procurement process for the services and or goods/materials
covered by this contract.
f) It understands the City of Clearwater may copy all parts of this response, including without limitation any
documents and/or materials copyrighted by the respondent, for internal use in evaluating respondent’s offer,
or in response to a public records request under Florida’s public records law (F.S. 119) or other applicable
law, subpoena, or other judicial process; provided that Clearwater agrees not to change or delete any copyright
or proprietary notices.
g) Respondent hereby warrants to the City that the respondent and each of its subcontractors (“Subcontractors”)
will comply with, and are contractually obligated to comply with, all Federal Immigration laws and regulations
that relate to their employees.
h) Respondent certifies that they are not in violation of section 6(j) of the Federal Export Administration Act and
not debarred by any Federal or public agency.
i) It will provide the materials or services specified in compliance with all Federal, State, and Local Statutes and
Rules if awarded by the City.
j) It is current in all obligations due to the City.
k) It will accept such terms and conditions in a resulting contract if awarded by the City.
l) The signatory is an officer or duly authorized agent of the respondent with full power and authority to submit
binding offers for the goods or services as specified herein.
ACCEPTED AND AGREED TO:
Company Name:
Signature:
Printed Name:
Title:
Date:
MAILING LABEL
CUT ALONG THE LINE AND AFFIX TO THE FRONT OF YOUR BID CONTAINER
On-Board Tractor and Trailer Weighing System 25 ITB #55-19
--------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------
SEALED BID
Submitted by:
Company Name:
Address:
City, State, Zip:
ITB #55-19, On-Board Tractor and Trailer Weighing
System
Due Date: October 10, 2019, at 10:00 A.M.
City of Clearwater
Attn: Purchasing
PO Box 4748
Clearwater FL 33758-4748
--------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------
---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------
SEALED BID
Submitted by:
Company Name:
Address:
City, State, Zip:
ITB #55-19, On-Board Tractor and Trailer Weighing
System
Due Date: October 10, at 10:00 A.M.
---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------
City of Clearwater
Attn: Purchasing
100 S Myrtle Ave 3rd Fl
Clearwater FL 33756-5520
CITY OF CLEARWATER
ITB #55-19, On-Board Tractor and Trailer Weighing System NOTE: Highlighted Cell indicates a calculation correction.
DUE DATE: October 10, 2019; 10:00 AM
BID TABULATION
Item No.Description Est. Quantity
(UOM)
Unit Price
(UOM) Total Price Unit Price
(UOM) Total Price
1 On-Board Weighing System (Holland fifth-wheel)9 $6,945.00 $ 62,505.00 $3,522.00 $ 31,698.00
2 On-Board Weighing System (MAC Trailer)9 $3,695.00 $ 33,255.00 $5,618.00 $ 50,562.00
3 Displays 4 $3,867.50 $ 15,470.00 $3,037.00 $ 12,148.00
4 Installation and Set-Up of System 1 $2,100.00 $ 2,100.00 $4,350.00 $ 4,350.00
5 Instlalation per Scale 18 $4,628.00 $ 41,652.00 $1,219.00 $ 21,942.00
Total Bid Items 1 – 5: $ 154,982.00 Total Bid Items 1 – 5: $ 120,700.00
*Price correction on Controls & Weighing Systems to reflect installation per scale of $4,628 x 9 = $41,652
*Mathematical error correction on Tampa Crane & Body
NOTE:
Items with a star ( ) indicates intent to award.
Controls & Weighing Systems Tampa Crane & Body
Page 1 of 1
BID SUBMISSION
1. BID SUBMISSION. Submit one (1) signed original bid and one (1) electronic copy of the bid in a
sealed container.
2. BIDDER RESPONSE CHECKLIST. This checklist is provided for your convenience. It is not
necessary to return a copy of this solicitation's Instructions, Terms and Conditions, or Detailed
Specifications with your bid response. Only submit the requested forms and any other requested
or descriptive literature. ·
,.b,lriginal and proper number of copies with electronic format
· 111'/eid container properly labeled
~/Bid pricing form
~kxceptioris/Additional Materials/Addenda form
IS2f/Vendor Information form ·
crutinized Companies form
ffer Certification form
'l'!!.-9 Form to be provided by Bidder (http://www.irs.gov/pub/irs-pdf/fw9.pd0
~ .,Warranty information · . [Sr Any equipment manufacturer qualifications '(Le. certified installer, distributor, etc.)
On-Board Tractor and Trailer Weighing System 19 1TB #55-19
BID PRICING
Pursuant to the contract specifications enumerated and described in this solicitation, we agree to furnish
On-Board Tractor. and Trailer Weighing System to the City of Clearwater at the price(s) stated below.
Description Quantity Unit Unit Price Total Cost
On-board Weighing System .3 15 al,~ 31 le~B-(Holland fifth-wheels) 9 Each $ $
On-board Weighing System -~ \b l ~-,•
I 5o,,sd._ (MAC Trailers) 9 Each $ $
Displays 4 Each $ 3037q $ fd; ,~~,.
Installation and Set-up of System 1 Each $ Mt,35 OJ s ~ 350 , ,
Installation per Scale 18 Each $ I ;) l 't ., sdl ll'(~J~ ,
s 1~0,'f (lO Total Bid .
• An itemized quotation indicating weighing system specifications, base price, and accessories unit
pricirig, shall be included for bid to be deemed valid.
DELIVERY REQUIREMENTS
FOB: Destination, Delivered Freight Prepaid and Allowed
Unit price must include all freight and transportation charges/
• Delivery, as stated in Detailed Specifications, can be met _V __ Yes __ No
If no, specify lead time for delivery _______ _
PAYMENT TERMS
~ choice of payment terms:
· CSJ' Net 30, City of Clearwater's standard payment terms
• 2%15, Net 30
D __ % 10, Net 30 (identify discount not less than 3%)
Date: 10--7-19 -------------
On-Board Tractor and Trailer Weighing System 20 1TB #55-19
EXCEPTIONS/ADDITIONAL MATERIALS/ADDENDA
Bidders shall indicate any and all exceptions taken to the provisions or specifications in this solicitc1tion
document.. Exceptions. that surface elsewhere and that do not also appear under this section shall be
considered invalid and void and of no contractual significance .
. Exceptions (mark one):
Note . .:.. Any material exceptions taken to the City's Standard Terms and Conditions will render a Bid
Non-responsive.
V No exceptions.
___ Exceptions taken {describe--attach additional pages if needed)
Additional Materials submitted {mark one):
· ~ No additional materials have bee~ included with this bid
___ Additional Materials attached (describe--attach additional pages if needed)
Addenda
Bidders are responsible for verifying receipt of any addenda issued _by checking the City's website at
http://www.mydearwater.com/business/bid-information/ prior to the bid opening.· Failure to acknowledge
any addenda issued may result in a response beirig deemed non-riasponsive.
Acknowledgement of Receipt of Addenda (initial for each addenda received, if applicable):
Addenda Number Initial to acknowledge receipt
Vendor Name. __ T_c_; YY\~· _ffi_0_· · ::_· _C_m_' _Yle __ d_8_C0_' ·-"--~-V\-l . ..)c-----Date:
On-Board tractor arid Trailer Weighing System 21 ITB#55-19
VENDOR INFORMATION··
Company Legal/Corporate Name: _· _,_\ CA=:..'.:..:.V\"1-.:..,;f)=~ :....C:l_,__t=-v---c-~_\"(::..--=;.=-• ._ci-_(3:;:;_· -=cc.::~::...~:...,31-=-'-A_vi_.' _,,U"-\'--'s,...· .:_
0
i ....:.'~....:l...::0:....V\::....:... __
Doing Business As (if different than above): ___________________ _
Address: _S_1_0_\ _J_J~_o_·_~_S_' ·_\-______________ _
City: __ l_~_Vv\_-+p_0-._·, _____ _ State: --~_L_· -=0-'v-~(-'~=--'l-=· ;__ 7 3 la I b Zip: _~v ____ _
Phone: -~-=-\,,__,_3.....__. -_d-_Y:_6_--_S~S'-'-\-=-0 __
DUNS#----~-----------
Remit to Address (if different than above): Order from Address (if different from above):
Address: ________ _ Address: ____________ _
City: _____ State: _Zip: __ _ City: __ State: _Zip: ______ _
Contact for Questions about this bid:
Name: '1b½\r::,y Ve.\ \-c'\' t-" Fax: _____________ _
j
Phone: J d: 7 -S \ 7 -S 60 8-(_ E-Mail Address: r-d e ha. , ·\-G -\c.... Y':1 ·fO', lC,'f'G 1'-E' Cc t
Day-to-Day Project Contact (if awarded):
Name: _·_~_-_1/V\Q_ ___________ _ Fax:-----------'-'---
Phone=-----'-----------E-Mail Address: _________ _
_1_ Certified Small Business Certifying Agency: _______________ _
__ Certified Minority, Woman or Disadvantaged Business Enterprise Certifying Agency: ___ _
On-Board tractor and Trailer Weighing System 22 1TB #55-19
SCRUTINIZED BUSINESSES
SCRUTINIZED COMPANIES THAT BOYCOTT ISRAEL LIST CERTIFICATION FORM
THIS FORM MUST /3E COMPLETl=CJ AND SUBMiTTED WITH THE BID/PROPOSAL. FAILURE TO
SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE.
The affiant, by virtue of the signature below, certifies that:
1. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements
of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies that Boycott
Israel List, or engaged in a boycott of Israel; and · ·
2, The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible tci participate in this
solicitation and is not listed on the Scrutinized Companies that Boycott Israel List, or engaged in a
boycott of Israel; and · . ·
3. "Boycott Israel" or "boycott of Israel" means refusing to deal, terminating business activities, or taking
other actions to limit commercial relations with Israel, or persons or entities doing business in Israel or
in Israeli-controlled territories, in a discriminatory manner. A statement by a· company that it is
participating in a boycott of Israel, or that it has initiated a boycott in response to a request for a boycott
of Israel or in compliancEl with, or in furtherance of, calls for a boycott of Israel, may be considered as
evidence that a company is participating in a boycott of Israel; and
4. If awarded the Contract {or Agreement), the vendor, company, individual; principal, subsidiary, affiliate,
or owner will immEldiately notify the City of Clearwater ·n writing; no later than five (5) calendar days
after any .of its principals are placed on the Scrutinize omp~s t at-Boycott Israel List, or engaged
in a boycott of Israel.
1
~ . . .
Authorizjd Signature .\ \ · _t-t'r)\o~ JR., -,a..~ \
Printed Nam~ . u \ _ \
\ f'e-~i Ql\!..VY°\
Name of Entity/Corporation .
STATE OF fLoe..,\"Dfs
COUNTY OF\--\i. \ \,SJ)v f'O 0 'J ~
The foregoing instrument w~ ac,knowle. dged before me on this ':] day of (~ ·
20}3__, by . • Ku'oh~ ~aJLT . {name of person:whose signature is being
notarized} as the er-e.s I o.-e...--.. t--· · {title) of
~u.~_C[Ar'l~"];;d.~ A:~,~ i.-\\ °"'· u...c_ (name of corporation/entity), personally known to me
as de cnbed herein ~S. a r\ \\-t. \.L.11\o~.--. , or produced a ___________ (type of
identification) as identification, and who did/did not take an oath.I)_ (), .
__ ... -;_:;,~·;;;;••... . . LAURAJCROUSE ~ ~ /.it.'~t·•\ Notary Public -State of Florida .
\'.-i <ifl .;;! Commission:; GG '88' 73 ··?J~1:/ My Comm. Expires Jun · ,. 2022
:• ......... ·Banded through National fl.otary Assn.
Notary Public c· . L-A-W'c.. Co u s. ..Q.._
Printed Name
My Commission Expires:
NOTARY SEAL ABOVE
OFFER CERTIFICATION
By signing and submitting this Bid, the Vendor certifies that:
f a) It is under no legal prohibition on contracting with the City of Clearwater.
b) It has read, understands, and is-in compliance with the specifications, terms and conditions stated herein, as
well as its attachments, and any referenced documents.
c) It has no known, undisclosed conflicts of interest.
d) The prices offered were independently developed without consultation_ or collusion with any of the other
respondents .or potential resporiderits or any other anti-competitive practices, .
e) No offer of gifts, payments or other.consideration were made to any City employee, officer, elected official, or
consultant who has or may have had a role in the procurement process for the services and or goods/materials
covered by this contract.
f) It understands the City of Clearwater may copy .all parts of this _response, including without limitation any
documents and/or materials copyrighted by the respondent, for internal use in evaluating respondent's offer,
or in response to a public records request under Florida's public records law (F.S:119) or other applicable
law, subpoena, or other judicial process; provided that Clearwater agrees not to change or delete any copyright
or proprietary notices. <
g) Respondent hereby warrants to the City that the respondent arid each of its subcontractors ("Subcontractors")
. will comply with, and are contractually obligated-to comply with, all Federal Immigration laws and regulations
that relate to their employees.
h) Respondent certifies that they are not in violation of section 60) of the Federal Export Administration Act and
not debarred by any Federal or public agency.
i) It will provide the materials or services specified in compliance with all Federal, State, and Local Statutes and
Rules if awarded by the City. · ·
j) It is current iri all obligations due to the City.
k) It will accept such terms and conditions in a resulting contract if awarded by the City.
I) The signatory is an officer or duly authorized agent of the respondent with full power and authority to submit
binding offers for the goods or services as specified herein.
ACCEPTED AND AGREED TO:
Company Na Tc-wt.f>"'-<'.rc.ne. ~ Co<i~
Signature: /[,-~
Printed Name: lZ.o'"J\J v\ De H-~ vA·
Title: __ '7_· _r_:e_· <;;_\_d_· _1<_v_""_~_-_'-' _______ _
Date: --=l_b_·-_·l_-_d-_D_l_C\. _____ _
On-Board Tractor and Trailer Weighing System 24 1TB #55-19
Form W-9 Request for Taxpayer Give Form to ttie
(Rev. October 2018) Identification Number and Certification requester. Do not
Department of the Treasury
Internal Revenue Service • Go to www.irs.gov/FormW9 for instructions and the latest information. send to the IRS.
1 Name·(as shown on your income tax return). Name is required on this line; do not leave this line blank.
Tampa Crane & Body Acquisition, LLC
2 Business name/disregarded entity name, if different from above
DBA Tampa Crane & Body
(".) 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the 4 Exemptions (codes apply only to II)
Cl . · following seven boxes. certain entitles, not individuals; see al 0. instructions on page 3):
C D lndividuaVsol~ proprietor or D C Corporation D S Corporation D Partnership D TrusVestate 0
• II) single:member LLC Exempt payee code Qf any) II) c; C. 0 0 Limited liability company. Enterthe tax classification (C=C corporation, S=S corporation, P=Partnership) • p ~:g
... ::J Note: Check the appropriate box in the line above for the tax.classification of the single-member owner. Do not check Exemption from FATCA reporting 0 ... c1n LLC·if the LLC is classified as a single-member LLC that is disregarded from the owner unless· the owner of the L.LC is code (if any) ·-c; another LLC that is not disregarded from the owner for U.S. f.ederal tax purposes. Otherwise, a single-member LLC that ,__
Q. 0 is disregarded from the owner should check the appropriate box for the tax classification of its owner. ~ D Other (see instructions) • (Applies to accounts maintained outside the U.S.) QI Q. 5 Address (number, street, and apt. or suite rio.) See instructions. Requester's name and address (optionaQ ti)
II) 5701 N 50th St II) Cl)
6 C.ity, state, and ZIP code
Tampa FL 33610
7 List account number(s) here (optional)
•:t:1 •• Taxpayer Identification Number (TIN) .
I Socfal security number I Enteryou~TIN in.the app_ro~ri~te box. !h~ TIN provided must.match t~e name given on line 1 to avoid
backup withholding. For md1v1duals, this IS generally your social security number (SSN). However, for a DI] rn I I I I I
resident alien, sole proprietor, or disregarded. entity, see the instructions for Part I, later. For other . - · -
entities, it is your employer identification number (EIN). If you do not have a number, see How to get a _ _ . . .
TIN, later. or
Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and r! -=E,-m,...p-:-lo-y-er""i:-:d,-en'""'t"'ifi=-,c-a:-:tio-n-nu_m_,·:-be_r_--'--,
Number To Give the Requester for guidelines on whose number to enter.
83 -3805955
Certification
Under penalties of. perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and
2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue
Service (IRS} that ram subject to backµp withholding as a result of a failure to·report all interiast or dividends, or (c) the IRS has notified me that! am
no longer subject to backupwithhol.ding; and
3. I am a U.S. citizen or other U.S. person (defined below); and
4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct.
Certification instructions. You. rtiust cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because
you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid,
acquisition or abandonment of secured property, cancellatiori of debt, contributions to an individual retirement arrangement (IRA), and generally, payments
other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later.
Sign·
Here Signature of
U.S. person •
General Instructions
Section references are to the Internal Revenue Code unless otherwise
noted.
Future developments. For the latest information about developments
related to Form W-9 and its instructions, such as legislation enacted
after they were published, go to www.irs.gov/FormW9.
Purpose of Form
An individual or entity (Form W-9 requester) who is required to file an
information return with the IRS must obtain your correct taxpayer
identification riumber (flN) which may be your social security number
(SSN), individual taxpayer identification number (ITIN), adoption
taxpayer identification number (ATIN), or employer identification number
(EIN), to report on an information return the amount paid to you, or other
amount reportable on an information return. Examples of information
returns include, but are not limited to, the following.
• Form 1099-INT (interest earned or paid)
Cat. No. 10231X
Date•
• Form 1099-DIV (dividends, including those from stocks or mutual
funds)
• Form 1099-MISC (various types of income, prizes, awards, or gross
proceeds)
• Form 1099-B (stock or mutual fund sales and certain other
transactions by brokers)
• Form 1099-S (proceeds from real estate transactions)
• Form 1099-K (merchant card and third party network transactions)
• Form 1098 (home mortgage interest), 1098-E (student loan interest),
1098-T (tuition)
• Form 1099-C (canceled debt)
• Form 1099-A (acquisition or abandonment of secured property)
Use Form W-9 only if you are a U.S. person (including a resident
alien), to provide your correct TIN.
If you do not return Form W-9 to the requester with a TIN, you might
be subject to backup withholding. See What is backup withholding,
later.
Form W-9 (Rev. 10-2018)
.~
VULC/\N'
ON-BOARD SCALES
AV?G Brand
Page I\
Return Material Authorization
Products returned to Vulcan On-Board must have a Return Materials Authorization
(RMA) number to ensure proper tracking and handling. Our Customer Service
Department issues RMA numbers for all returns, Please be prepared with the Model
Number, Serial Number, reason for return and any special instructions.
Before an RMA is issued for either a Warranty Repair Evaluation or Repair, a written
dealer/customer Purchase Order is required.
Materials shipped to Vulcan On-Board must be shipped freight prepaid and the RMA
number must be clearly marked on the outside of the package. Materials shipped to
Vulcan On-Board freight collect, or without a visible RMA number on the package are
normally refused and returned to the shipper.
Materials are potentially authorized for return for the following reasons:
• Repair or calibration, and return to dealer/customer
• Return to stock (standard restocking charge is 20%)
• Warranty evaluation
Vulc:'an On-Board Warranty Policy '
Vulcan On-Board warrants its products to be free of manufacturing defects during the
Warranty Period. We will replace or repair, at Vulcan On-Board's option, and without
charge, any Vulcan On-Board supplied product or component that in our sole opinion
has failed during the Warranty Period as a result of faulty materials or workmanship.
We will not repair or replace any Vulcan On-Board product or component that in our
sole opinion, has failed because of improper installation, overloading, improper usage,
abuse, alteration, or damaged as a result of negligence, carelessness, acts of God, or
· operation outside of its published limits, EXCEPT as limited herein:
5920 South 194th Street • Kent, WA 98032 • 253-872-1910 • 253-872-9686 (fax)
~·
VULC/\N'
ON-BOARD SCALES
AV?G Brand
Page 12
Warranty Period
a) Two-Years on Vulcan On-Board Scale Products.
b) One-Year on all repaired or rebuilt meters.
. . . . .
EXCEPT AS STATED HEREIN, THERE.ARE NO WARRANTIES EXPRESSED OR IMPLIED
INCLUDING WARRANTY OF MERCHANTABILIITY OR SUITABILITY FOR ANY INTENDED
PURPOSE.
Limitations and Conditions
• The limited warranty is extended only to the original purchaser from Vulcan On-
Board. Dealers and OEMs who buy and resale Vulcan On-Board products are
responsible for installation, st9rt-up and service.
• The warranty period for all Vulcan On-Board products begins 90 days after the
Vulcan On-Board ship date to original purchaser.
Introduction
• · Vulcan On-Board does not install its products and is not responsible for doing so.
Dealer and/or customer assume all responsibility for installation. Installation errors
(by dealer, customer or contractor) and failures caused by installation errors are not
covered by the Vishay/SI bnBoard warranty. Note: Damage caused by welding
applied to the load cell is not a manufacturing defect, and therefore not covered
under warranty.
• Vulcan On-Board disclaims any responsibility for any injury resulting from the failure
of parts due to misuse or mishandling of those parts, or from incorrect installation.
Vulcan On-Board shall not be responsible for any direct or indirect damages; loss of
onticipated profits, increased expense of operation or any other loss whether direct
. or consequential.
5920 South 194th Street• Kent, WA 98032 • 253--872-1910 • 253-872-9686 (fax)
~
VULC/\N.
ON-BOARD SCALES
AV?G Brand
Page 13
• Vulcan On-Board warranty covers products manufactured by Vulcan On-Board
only. Products for which Vulcan On-Board acts as a dealer or which Vulcan On-
Board purchases for the convenience of the customer are covered exclusively by
the warranty of the manufacturer of that product.
• Vulcan On-Board products incorporate proprietary design and operational criteria.
These criteria may influence product performance When used in conjunction with
products manufactured by others. Consequently, we reserve the right to void
warranty obligations on Vulcan On-Board used in Vulcan On-Board.
• The warranty period for products repaired or rebuilt by the factory is 90 days.
• The warranty does not cover freight charges for replacement parts.
• REPLACEMENT PARTS ARE NOT SHIPPED NO-CHARGE by the company in anticipation
of rec_eiving a returned part that is suspected of being defective. If a replacement
part is ordered and shipped prior to the return of the failed part, the
dealer/customer must provide a written purchase order for the full value of the
replacement part and the evaluation fee of the part to be returned. Vulcan On-
Board warranty evaluation will determine if the part has a defect in material or
workmanship. If the suspect part is determined to be out of warranty, the dealer or
customer will be invok::ed for the replacement part and the evaluation. If Vulcan
On-Board QA analysis confirms that the returned part is under warranty, the
dealer/customer will be credited for the replacement part and the evaluation fee. If
the returned part does not qualify for warranty the dealer/customer will be notified
by customer service and the part will be returned freight collect to the
dealer/customer, scrapped at the Vulcan On-Board factory or repaired by Vulcan
On-Board with dealer/customer authorization.
5920 South 194th Street • Kent, WA 98032 • 253-872-19 l O • 253-872-9686 (fax)
~ VULC/\N.
ON-BOARD, SCALES
AV?G Brand
Page 14
• RETURN SUSPECT PART (~)TO Vishay/SI OnBoard PROMPTLY. Notice of alleged defect
must be given during the warranty period. Parts must be tagged with Vulcan On-
Board Return Material Authorization number (issued by customer service on request)
indicating the problem, suspected cause of failure, customer name, original Vulcan
On-Board invoice number and Model and Serial Number or manufactured date.
Warranty shall not be granted on any part with an altered or removed serial number
· or manufacture date.
This WARRANTY POLICY consolidates and supersedes all previous warranty policies or ·
statements. These warranty policy states the complete .and only warranty provided by
Vulcan On-Board. The liability of the manufacturer under this warranty program is
limited solely to repairing, replacing, or exchanging its products accmding to the
above conditio_ns during the warranty period. Vulcan On-Board will make final
judgment and disposition of all.claims.
5920 South 194th Street • Kent, WA 98032 • 253-872-19 l 0 • 253-872-9686 (fax)
PERFORMANCE THROUGH PRECISION
October 10th 2019
Robby DeHart
Tampa Crane & Body
5701 North 50th Street
Tampa Florida 33610
On Board Weighing
Vulcan On-Board Scales
Vulcanscales.com
This is to confirm that Tampa Crane and Body is an authorized dealer for Vulcan Onboard Scale
Systems and components.
Thank you again for your continued support of our Vulcan On-Board Scales. products.
Richard
Bertrand
Warm Regards
Digitally signed by Richard Bertrand
ON: cn=Richard Bertrand, o=Vishay
Precision GrouP, ou=Onboard Systems,
emall=richard.bertrand@vpgsensors.co
m,c=US
Date: 2019.10.0714:43:10-04'00'
VPG / Vulcan On-Board Scales
Richard Bertrand -
Southern North American Regional Manager
Vulcan On-Board Scales
Vishay Transducers Ltd
5920 South 194th Street I Kent. WA 98032 I USA
T: + 1.253.872. 191 O I F: + 1.253.872. 9626 I E: vulcan-scales.sales@vpgsensors.com
· VPG Reporting Segments: Weighing and Control Systems I Force Sensors I Foil Technology Products vpgsensors.com
TAMPA CRANE &BODY
A j11\T TTC'T'T'T(YKT T 1 ('
5701 N 50th Street
Tampa,FL 33610
Name /Address
CITY OF CLEARWATER
100 S.MYRTLE AVE
P0 BOX 4748
CLEARWATER,FL 33756-5520
Estimate
Date Estimate #
6/25/19 SCALE
Project
Description Qty Cost Total
ESTIMATE TO INSTALL SCALE SYSTEM ON 9 MAC REFUSE
TRAILERS.
VULCAN G-310 KIT TRAILER SCALE SYSTEM 9 3,522.00 31,698.00
JOB LABOR (12 HOURS PER UNIT)108 110.00 11,880.00
ESTIMATE TO INSTALL VULCAN G-243 KIT &
TRANSMITTING V37 VULCODER ON 7 TRACTORS.
HOLLAND ILS SLIDERS
G-243 KIT HOLLAND ILS SLIDER 7 5,265.00 36,855.00
V37 TRANSMITTING VULCODER 7 900.00 6,300.00
JOB LABOR (4 HOURS PER UNIT)28 110.00 3,080.00
ESTIMATE TO INSTALL VULCAN G-223 KIT &
TRANSMITFING V37 VULCODER ON 2 TRACTORS
HOLLAND NON ILS SLIDERS
G-223 KIT HOLLAND NON ILS SLIDER 2 4,920.50 9,841.00
V37 TRANSMITTING VULCODER 2 900.00 1,800.00
JOB LABOR (12 HOURS PER UNIT)24 110.00 2,640.00
ESTIMATE TO INSTALL 2 ELECTRONICS &SCOREBOARDS
iN TRANSFER STATION.
V600 DIGITAL METER M6OA-C34 2 1,583.00 3,166.00
METER ENCLOSURE R5232 P/N 56-10437-003 2 950.00 1,900.00
RECIEVING WIRELESS VULCODER V34 2 740.00 1,480.00
SCOREBOARD 6 INCH 6 DIGIT DISPLAY 2 2,650.00 5,300.00
ADDITIONAL CABLE FOR INSTALL 100 2.50 250.00
ESTIMATED JOB LABOR 25 110.00 2,750.00
ESTIMATED SHIPPING &HANDLING 1 1,350.00 1,350.00
SUPPLIES/MISC SHOP FEE (NUTS,BOLTS,CONDUIT ETC.)1 500.00 500.00
Tax Exempt 0.00
Total $120,790.00
Customer Signature
NOTICE OF INTENT TO AWARD
Solid Waste and Purchasing recommend award of ITB 55-19, On-Board Tractor and Trailer
Weighing System to Tampa Crane & Body, the lowest responsible bidder, in accordance with the
bid specifications, in the amount of $120,700.
This Award recommendation will be considered by the City Council at the November 4, 2019
Work Session (9:00 a.m.) and voted on at the November 7, 2019 Council Meeting (6:00 p.m.).
These meetings are held at the Clearwater Main Library, 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
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#19-6939
Agenda Date: 11/4/2019 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Official Records & Legislative Services
Agenda Number: 7.1
SUBJECT/RECOMMENDATION:
Appoint two members to the Municipal Code Enforcement Board with terms to expire October
31, 2022.
SUMMARY:
APPOINTMENT WORKSHEET
BOARD: Municipal Code Enforcement Board
TERM: 3 years
APPOINTED BY: City Council
FINANCIAL DISCLOSURE: Required
RESIDENCY REQUIREMENT: City of Clearwater
SPECIAL QUALIFICATIONS: Whenever possible, this Board shall include an architect,
engineer, businessperson, general contractor, sub-contractor & a realtor
MEMBERS: 7
CHAIRPERSON: Sue Johnson
MEETING DATES: 4th Wed., 1:30 p.m.
Nov. and Dec. - TBA
APPOINTMENTS NEEDED: 2
THE FOLLOWING ADVISORY BOARD MEMBERS HAVE TERMS WHICH EXPIRE AND NOW
REQUIRE EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW
APPOINTEE:
1. Daniel Engel - 211 S. Prospect Ave., #603, 33756 - Retired Engineer
Original Appointment: 10/20/16
(0 Absences in the past year)
Interest in Reappointment: YES
(currently serving 1st term to expire 10/31/19)
2. Michael R. Mannino - 1212 Sedeeva Cir. S., 33755 - Business, Finance, Real Estate
Original Appointment: 1/18/18
(1 Absence in the past year)
Interest in Reappointment: YES
Page 1 City of Clearwater Printed on 11/3/2019
File Number: ID#19-6939
(currently filling unexpired term to expire 10/31/19)
THE NAMES BELOW ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE
ABOVE VACANCIES:
1.Greg A. Brown - 1424 Barry St., 33756 - Production/Tour Manager
(currently serving on the Nuisance Abatement Board)
2.Kerry Fuller - 1108 Woodley Rd., 33764 - Real Estate Consultant
Zip codes of current members:
1 at 33755; 1 at 33756; 1 at 33764; 1 at 33765; 3 at 33767
Current Categories:
1 Business, Finance, Real Estate
1 Humanities and Fine Arts
1 Retired/BA Inst. Court Management
1 Retired Engineer
1 Retired/BS Chemistry
1 Retired/Exec. Dir. Clearwater Beach Chamber of Commerce
1 Sales/Service
Page 2 City of Clearwater Printed on 11/3/2019
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#19-7081
Agenda Date: 11/4/2019 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Official Records & Legislative Services
Agenda Number: 7.2
SUBJECT/RECOMMENDATION:
Appoint one member to the Public Art and Design Board as a citizen representative to fill the
remainder of an unexpired term through April 30, 2021.
SUMMARY:
APPOINTMENT WORKSHEET
BOARD: Public Art and Design Board
TERM: 4 years
APPOINTED BY: City Council
FINANCIAL DISCLOSURE: Not Required
RESIDENCY REQUIREMENT: City of Clearwater resident except for the Clearwater Arts
Alliance, Inc., formerly, Clearwater Arts Foundation, and the Creative Pinellas representatives
MEMBERS: 7
Liaison: Christopher Hubbard, Cultural Affairs Coord.
CHAIR: Jerri Menaul
MEETING DATE: Quarterly - January, March, June, Sep.
TIME/PLACE: Chambers
APPOINTMENTS NEEDED: 1
THE FOLLOWING BOARD MEMBER RESIGNED AND NOW REQUIRES REPLACEMENT
BY A NEW APPOINTEE:
1. Karen Cunningham - 2392 Stag Run Blvd., 33765 - Retired/MPO Planner
Original Appointment: 4/18/13
(was serving 2nd term to expire 4/30/21)
Resigned 10/09/19
(Citizen)
THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE
ABOVE VACANCY:
1.Jonathan Barnes - 1613 Maple St., 33765 - Humanities and Fine Arts
(currently serving on the Municipal Code Enforcement Board)
Page 1 City of Clearwater Printed on 11/3/2019
File Number: ID#19-7081
2.Meg Taylor - 1423 Pine Brook Dr., 33755 - Analyst
(currently serving on the Nuisance Abatement Board)
Zip codes of current members:
1 - 33755
1 - 33761
1 - 33764
1 - 33765
1 - 33786
Current Categories:
1 Artist/Art Business Owner
2 Citizens
1 Clearwater Arts Alliance Inc.
1 General Contractor
Page 2 City of Clearwater Printed on 11/3/2019
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#19-6616
Agenda Date: 11/4/2019 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Official Records & Legislative Services
Agenda Number: 7.3
SUBJECT/RECOMMENDATION:
Amend the Clearwater Code of Ordinances, Section 2.082, changing the composition of the
Airpark Advisory Board to allow ex-officio members and pass Ordinance 9350-19 on first
reading.
SUMMARY:
The Airpark Advisory Board may initiate studies and make recommendations on the operation
and maintenance of the airpark to the City Council, which may benefit from technical expertise
unavailable locally.
The proposed code amendment will allow the appointment of an ex-officio member with
technical expertise. The ex-officio member will not be required to live within city limits.
APPROPRIATION CODE AND AMOUNT: N/A
USE OF RESERVE FUNDS: N/A
Page 1 City of Clearwater Printed on 11/3/2019
Ordinance No. 9350-19
ORDINANCE NO. 9350-19
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA
AMENDING SECTION 2.082, CLEARWATER CODE OF
ORDINANCES, CHANGING THE COMPOSITION OF THE
AIRPARK ADVISORY BOARD TO ALLOW EX-OFFICIO
MEMBERS; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Airpark Advisory Board advises the City Council on matters related
to the airpark; and
WHEREAS, technical expertise may be needed in order to address
recommendations related to the operation and maintenance of the airpark, now therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Section 2.082, Clearwater Code of Ordinances, is hereby amended
as follows:
Section 2.082 – Composition
The airpark advisory board shall consist of five members, at least one of which
shall represent a neighborhood in the immediate vicinity and/or impacted by the flight
patterns and approaches. Others may be appointed in ex officio capacity in order to
obtain technical expertise unavailable locally.
Section 2. 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 Fuino Rosemarie Call
Assistant City Attorney City Clerk
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#19-6948
Agenda Date: 11/4/2019 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Official Records & Legislative Services
Agenda Number: 7.4
SUBJECT/RECOMMENDATION:
Amend City Council Policies 2-2, Audit Committee, 3-7, Information Available to the Public and
Press, and 5-14, Welcome Letters and add City Council Policies 6-2, Brick Streets, and 8-5,
Renaming City Parks.
SUMMARY:
Policy 2-2 - Audit Committee
To comply with recent amendments to Florida Statutes 218.391(2), City Council Policy 2-2 is
being amended to require an audit committee for the selection of a Certified Public Accounting
firm for the annual audit. Staff is proposing the following changes to Policy 2-2:
Auditor Selection Committee. It is a policy of the City Council to have an Auditor Selection
Committee for the selection of a Certified Public Accounting firm for the annual financial audit,
in compliance with Section 218.391, Florida Statutes. The Auditor Selection Committee will be
appointed by the City Council and may shall be comprised of one council members, who shall
act as chair and at least two members to be chosen by City Ccouncil appointees, who are not
officers and/or city employees of the City. as determined by the City Council. The Auditor
Selection Committee may include the City Auditor and the City Finance Director to serve in
non-voting advisory capacity only in accordance with the requirements of Section 218.391,
Florida Statutes. The Auditor Selection Committee will be responsible to solicit proposals via a
competitive RFP process every five years at a minimum assist City Council in selecting an
external auditor to conduct the annual financial audit and serve other audit oversight purposes
in accordance with the requirements of Section 218.391, Florida Statutes. The Auditor
Selection Committee may also manage the audit process as appropriate.
Policy 3-7, Information Available to the Public and Press
Since materials prepared by the City Manager and the City Attorney for the City Council may be
distributed through Public Communications, Official Records and Legislative Services, or other
appropriate staff, the following changes are being proposed:
Information Available to Public and Press. All material prepared by the City Manager and
City Attorney for the Council shall be provided to the press and to the public via the Official
Records and Legislative Services Department within a reasonable amount of time.
Page 1 City of Clearwater Printed on 11/3/2019
File Number: ID#19-6948
Policy 5-14, Welcome Letters
Since welcome letters to recently annexed property owners are including in new resident
welcome packages, staff is recommending the following change:
Welcome Letters. Upon adoption of an Annexation Ordinance staff will prepare a letter for the
Mayor’s signature welcoming the property owner to Clearwater.
Policy 6-2, Brick Streets
On September 3, 2015, Council adopted a policy regarding the installation of brick streets
within the city. Although adopted within Engineering, the policy was never incorporated into City
Council Policies. Staff is proposing to add the following:
Brick Streets. The purpose of this policy is to provide a means by which residents that
currently own property on an asphalt street or deteriorated existing brick street can obtain a
brick street without unduly burdening the city’s limited street repair funds. The intent of the
policy is to define who bears the cost for the brick street surface upgrade.
The City is responsible for the maintenance of streets to insure vehicular and pedestrian safety
and improve and maintain ride-ability. The typical practice for road resurfacing is an asphalt
overlay on an existing asphalt road. The Engineering Department has a budget for the
maintenance of such roads. The life span of an asphalt road is approximately 10 - 15 years.
The life span of a properly installed brick street is estimated to be 40 - 50 years.
Property owners residing within an easily delineated neighborhood within the city may request
the City to resurface their street(s) with brick. The petitioning process and the cost sharing
principles for such action are described herein.
For the purpose of this policy, two categories for street bricking have been identified. The
assessment to contiguous property owners will be determined based upon the category that
fits the proposed street. The two categories are:
1. Existing Brick Street
This category includes all existing brick streets. On many of these streets the condition of
the road base underlying the brick surface has deteriorated. Historically, the original brick
roads were built upon existing sandy soil that has allowed the brick to shift and settle over
time, creating an undesirable road surface.
To achieve a satisfactory road surface, the existing bricks must be removed and a
proper road base installed. Since some loss of bricks occurs during the removal and
reclamation process, there will not be a sufficient quantity of bricks remaining to be
immediately replaced in the roadbed.
Property owners on these streets may request the City to remove the existing bricks and
replace them with new clay street bricks by requesting the City to petition all property
owners on the street(s). The clay bricks removed will be reclaimed by the city and stored
for future use in other areas of the city. In this case, an assessment will not be levied on the
property owners because of the pre-existence of clay bricks.
2. Existing Asphalt Street
Residents may request the City to replace an existing asphalt street with new street bricks
Page 2 City of Clearwater Printed on 11/3/2019
File Number: ID#19-6948
by requesting the City to petition all property owners on the street(s).
The cost for the bricking project will be calculated and will include the costs of new street
bricks, sand, curbs, bedding, leveling material, labor and equipment; less the cost for
installation of a two-inch thick asphalt surface.
The net cost will be assessed to each property owner based on the linear footage of
property frontage or other basis consistent with Chapter 27 Clearwater Code of
Ordinances, Chapter 170 Florida Statutes or other applicable laws.
The following procedure will be used by property owners and the City in upgrading existing
asphalt streets in a residential or commercial area:
A.Property owners may request the City to replace the existing street surface with new
clay street bricks by requesting the City to petition all property owners on the street(s).
The petition results must show positive interest of property owners owning a majority
(51%) of the property frontage on the street (or neighborhood) to be bricked. The City
petition process will be conducted so that 100% of the property owners on the proposed
street(s) have been informed of the petition and the potential impact it may have on their
property. A good faith attempt will be made to notify all property owners of the petition,
i.e. registered letter or certified mail. Petitions not returned to the City within 30 days of
receipt will be considered as a no vote.
The petition will include the following information and statements:
(See sample in Appendix A)
1.Identification of the area to include street names and lots or properties within the
area. The proposed street must be at least one block long, i.e. intersection to
intersection.
2.A statement indicating that the individual signing a petition recognizes that there
may be a cost increase borne by them through a special assessment program,
if the petition is approved by the City of Clearwater. A preliminary non-binding
cost estimate for each property will be included with the petition form.
3.Signatures of individuals or entities owning property within the designated area.
Signatures of persons or entities renting or leasing property will not be
considered.
B.The Engineering Department will review the request to identify issues that may relate to
public safety, health and welfare. The Department will either recommend approval with
conditions as necessary or reject the request if it is deemed invalid or not suitable due
to public health, safety or welfare reasons.
C.Implementation of the special assessment will comply with Chapter 27 Clearwater
Code of Ordinances, Chapter 170, Florida Statutes, or other applicable provisions of
law. The City will coordinate the installation of new street bricks and curbing with the
imposition and levy of the special assessments.
D.Upon approval of the special assessment by the City Council, the Engineering
Page 3 City of Clearwater Printed on 11/3/2019
File Number: ID#19-6948
Department will hold a coordination meeting between the appropriate City staff and the
property owners in order to establish installation schedules and procedures.
It is the responsibility of City staff to prioritize requests when multiple requests for petitions
have been submitted. The Engineering staff first will determine when the street is
anticipated to be scheduled for resurfacing based on the latest Pavement Condition Survey.
Priority will be given to those requests for roads that have the lowest Pavement Condition
Index. Additionally, streets with scheduled underground utility projects which would
necessitate complete resurfacing would be prioritized based on the scheduled date of the
utility project.
All street bricking requests will be subject to the availability of interim funding. In the situation
where there are more requests than funds available, the proposed requests will be delayed
until sufficient funds are available.
The following brick types are acceptable for this policy:
New Clay Brick Pavers:
8"L x 4"W x 2 3/4" min. H heavy vehicular clay paving brick
meeting ASTM C 1272, Type F as manufactured by Pine Hill
Brick or equal as determined by the Engineering Department.
Color will be determined jointly with city staff and the area
property owners from an approved City color palette.
The developer of a new subdivision may elect to install brick streets. However, installation
costs in new subdivisions are required to be paid by the developer at the time of installation
and will not be assessed to the individual lots. The developer is required to follow City of
Clearwater Engineering Standards for brick road installation.
Policy 8-5 - Renaming City Parks
Established by the adoption of Resolution 09-31, staff is proposing to include the process of
renaming city parks in City Council Policies, which will read as follows:
Renaming City Parks. The Parks and Recreation Board will not consider any requests to
rename existing parks unless requested by motion of the City Council (per Resolution 09-31).
The Board will conduct an advertised public hearing for the proposal and formulate a
recommendation to the City Council for a final decision.
Page 4 City of Clearwater Printed on 11/3/2019
CITY OF CLEARWATER
CITY COUNCIL POLICIES
i To be reviewed November 2019 – marked up
CITY COUNCIL POLICY MANUAL
Table of Contents
POLICY #POLICY TITLE ADOPTED
DATE
MOST
RECENT
REVISION
1 – BOARDS
1-1 Ad Hoc Committees
1-2 Advisory Board Appreciation 12/1/16
1-3 Campaign Material During Meetings
1-4 City Representatives on Non-City Boards 12/1/16
1-5 Input from Advisory Boards 10/6/05
1-6 Input to Other Boards/Committees 12/1/16
1-7 Letterhead
1-8 Non-Board Business Functions - Sunshine Law
1-9 Representative Balance
1-10 Special Requests
2 – BUDGET and FINANCE
2-1 Accounting Procedures
2-2 Auditor Selection Committee 12/1/16
2-3 Balanced Budget
2-4 Budget Review Process 12/1/16
2-5 Budgetary Position Control 12/1/16
2-6 CRA Contribution to General Fund
2-7 Capital Improvement Budget &
Capital Improvement Plan
2-8 Central Insurance Reserve Policy 10/6/05
2-9 Clearwater Gas System Gas Supply Hedging Policy 12/2/04 12/1/16
2-10 Debt Management Policy 12/1/16
2-11 Enterprise Funds
2-12 Enterprise Fund Transfer Payment 5/17/17
2-13 General Fund Unappropriated Retained Earnings 9/14/11
2-14 Interfund Administrative Charge 12/1/16
2-15 Interfund Other Service Charges
2-16 Investment Policy 5/17/18
2-17 Maintenance of Capital Plant and Equipment
2-18 Review of Annual Audit
2-19 Review of Rate Schedules 5/17/17
2-20 Road Millage
2-21 Special Events Fee 5/17/18
ii To be reviewed November 2019 – marked up
CITY COUNCIL POLICY MANUAL
Table of Contents – Cont’d
POLICY #POLICY TITLE ADOPTED
DATE
MOST
RECENT
REVISION
3 – CITY COUNCIL
3-1 Annual Events 12/1/16
3-2 Citizen Inquiries - Responses 12/1/16
3-3 Council Travel 12/1/16
3-4 Departing Councilmembers’ Gifts 12/1/16
3-5 Distribution of Council Correspondence 12/1/16
3-6 Fund Raisers 11/20/14
3-7 Information Available to Public and Press 8/21/03
3-8 Proclamations 12/1/16
3-9 Representation on Boards 12/1/16
3-10 Resolutions
3-11 Staff Projects 12/1/16
3-12 Strategic Direction/Planning 12/1/16
3-13 Televising Council Meetings
4 – CITY EMPLOYEES
4-1 Participating in Auctions
4-2 Reimbursement of Certain Meal Events
5 – GENERAL ADMINISTRATION
5-1 Application Fee Waivers 8/14/18
5-2 Block Party Insurance Requirements
5-3 Bright and Beautiful 12/1/16
5-4 Citizens to be Heard Response 10/6/05
5-5 City Sponsored Events 6/2/08 12/1/16
5-6 Copyright Fees 5/17/18
5-7 Courtney Campbell Causeway (State Road 60)
Welcome Signage Program
11/20/14 12/1/16
5-8 Economic Development Incentive Policy 5/17/17
5-9 Fire Lanes 5/17/17
5-10 Renewal of Agreements
5-11 Roadside Memorial Marker Program 11/20/14 12/1/16
5-12 Special Event Street Closure Limitation 2/16/17
5-13 Stationery 12/1/16
5-14 Welcome Letters
iii To be reviewed November 2019 – marked up
CITY COUNCIL POLICY MANUAL
Table of Contents – Cont’d
POLICY #POLICY TITLE ADOPTED
DATE
MOST
RECENT
REVISION
6 – LAND DEVELOPMENT
6-1 Annexation Agreements
6-2 Brick Streets
6-3 Foreclosure 3/1/18
6-4 Landscaping of City Roads 12/1/16
6-5 New Sidewalks 5/17/17
6-6 Parks & Recreation Card to Annexing Property
6-7 Petitions for Annexation
6-8 Subdivision Monuments 12/1/16
6-9 Waiver/Reduction of Liens
7 – LEGAL
7-1 Case Reports
8 – LEISURE
8-1 Ages 12-13 Supervised Use of City Recreation
Fitness Facilities
12/1/16
8-2 Amplification of Sound at City Venues 10/6/05
8-3 Holiday Decorations 12/1/16
8-4 Library Donor Naming Recognition
8-5 Renaming City Parks
1 To be reviewed November 2019 – marked up
CITY COUNCIL POLICY
BOARDS
Ad Hoc Committees. Members of boards may also serve on Ad Hoc committees or
Task Forces.
1-1
Advisory Board Appreciation.Each recipient of an invitation to the Annual Advisory
Board Appreciation event may bring one guest. Members should attend at least one
meeting prior to being invited to the annual event.
1-2
Campaign Material During Meetings. During City Council and board meetings, board
members will not display material supporting or opposing candidates or issues on any
election ballot.
1-3
City Representatives on Non-City Boards. Citizens appointed by City Council to be
the City’s representatives on non-City Boards will serve no more than three
consecutive terms, at the discretion of City Council. The representatives shall keep the
Council informed of the activities of the boards.
1-4
Input from Advisory Boards. Staff will assure that input from advisory boards
regarding issues coming before the City Council is noted in the City Council’s agenda
items.
1-5
Input to Other Boards/Committees. Upon majority approval, a board may advise
other boards or agencies regarding its position on issues but may not represent that
position as City policy.
1-6
Letterhead. Advisory Board letterhead may be used and staff assists when
correspondence is written on behalf of the entire board. Letterhead will not be used by
individual members expressing individual opinions and concerns.
1-7
Non-Board Business Functions -Sunshine Law. In order to eliminate the possibility
or appearance of violation of the Sunshine Law, all boards and committees appointed
by the City Council are requested not to schedule luncheons or other non-board
business functions.
1-8
Representative Balance. When making appointments to a board, the City Council will
strive to assure the board has a balance of race, gender and geographical area of the
City represented.
1-9
Special Requests. Requests for special reports on projects will require Council or City
Manager’s approval prior to staff commencing efforts in this regard.
1-10
2 To be reviewed November 2019 – marked up
CITY COUNCIL POLICY
BUDGET and FINANCE
Accounting Procedures. It is a policy of the City Council to establish and maintain a
standard of accounting practices on a basis consistent with Generally Accepted
Accounting Procedures (GAAP), and the Governmental Accounting Standards Board
(GASB), and the standard practices of the Government Finance Officers Association
of the United States and Canada (GFOA).
The City will also comply with the rules of the Auditor General and the Uniform
Accounting System as required by the State of Florida.
2-1
Auditor Selection Committee. It is a policy of the City Council to have an Auditor
Selection Committee for the selection of a Certified Public Accounting firm for the
annual financial audit, in compliance with Section 218.391, Florida Statutes. The
Auditor Selection Committee will be appointed by the City Council and may shall be
comprised of one council members, who shall act as chair and at least two members
to be chosen by City Ccouncil appointees, who are not officers and/or city employees
of the City. as determined by the City Council. The Auditor Selection Committee may
include the City Auditor and the City Finance Director to serve in non-voting advisory
capacity only in accordance with the requirements of Section 218.391, Florida
Statutes. The Auditor Selection Committee will be responsible to solicit proposals via a
competitive RFP process every five years at a minimum assist City Council in
selecting an external auditor to conduct the annual financial audit, and serve other
audit oversight purposes in accordance with the requirements of Section 218.391,
Florida Statutes. The Auditor Selection Committee may also manage the audit process
as appropriate.
2-2
Balanced Budget. It is a policy of the City Council to adopt a balanced budget for all
funds. The City will avoid budget and accounting practices that balance the budget at
the expense of future budgets. The City will also avoid budgeting any unrealized
investment gains due to the City’s practice of holding investments until maturity.
2-3
Budget Review Process. It is a policy of the City Council to be provided with a
quarterly budget report and an annual operating budget comparing actual versus
budgeted revenue and expense activity.
2-4
Budgetary Position Control. It is a policy of the City Council that the total number of
permanent full-time and part-time positions (full-time equivalents) approved in the
annual operating budget may not be exceeded without prior approval of the City
Council.
2-5
CRA Contribution to General Fund. It is the City's policy that services provided for
administrative support to the Community Redevelopment Agency (CRA) by City
employees shall be reimbursed to the General Fund. Such reimbursement shall be
approximate actual costs incurred by the department, together with any associated
costs.
2-6
3 To be reviewed November 2019 – marked up
Capital Improvement Budget and Capital Improvement Plan. It is a policy of the
City Council to adopt a six-year Capital Improvement Plan and Budget which
summarizes the project scope, estimated cost estimates by project, method of
financing, and anticipated operating costs of each project.
2-7
Central Insurance Reserve Policy.It is a policy of the City Council to maintain a
Central Insurance Fund reserve to guard against unforeseen or uninsured costs or
increases in property, workers’ compensation, health or liability insurance. The target
minimum balance for this reserve is equal to 75% of the actuarially calculated self-
insurance reserve liability. If reserves are drawn down below the above target
minimum balance, the City will develop a plan to replenish the reserves, generally
within five (5) years.
2-8
Clearwater Gas System Supply Hedging Policy: It is a policy of the City Council to
limit the financial risk to Clearwater Gas System (CGS) of natural gas purchases by
Hedging a portion of its gas supply needs with the intention of reducing price volatility
for the residential, commercial, and industrial customers of CGS. Hedging amounts for
a specified period of time will NOT exceed the expected average natural gas energy
usage over that time period.
The City Representative shall issue a Directive to Florida Gas Utility (FGU) in the
event that CGS would like FGU to take any action with respect to a Financial Product
on its behalf. The General Manager of FGU shall not be authorized to enter into a
Financial Product on a system-wide basis for CGS without a Directive from the City
Representative.
Financial Products shall be purchased or otherwise acquired for the purpose of risk
management and, to the extent possible, shall be entered into in such a manner as to
meet applicable accounting standards as a “hedge” for accounting purposes; provided
that the failure to obtain any particular accounting treatment with respect to a Financial
Product shall not form a basis for challenging or otherwise calling into question the
legality and enforceability of a Financial Product entered into pursuant to a Directive.
CGS shall not engage in any purchase or acquisition of Financial Products for
Speculation.
In the event if any inconsistency between the terms of this Policy and any existing
agreement between FGU and CGS, including, without limitation, the All Requirements
Gas Services Agreement, dated as of February 15, 2002 and as amended from time to
time, between FGU and CGS and entered into pursuant to Resolution 02-02 the City
of Clearwater, Florida, the terms of such agreement shall prevail.
In above policy, these terms are defined as:
1.“City Representative” means a representative of the City of Clearwater, Florida,
who can authorize a Directive with respect to Financial Products, which term shall
include, without limitation, any person designated as a “member representative” or
“project participant representative” under an agreement between FGU and the City
of Clearwater, Florida.
2.”Directive” means an instrument, in writing, executed and delivered by a City
Representative that gives directions to FGU, or otherwise authorizes actions by
FGU, with respect to Financial Products and the related Financial Instruments.
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3.”Financial Instruments” means one or more agreements entered into with respect
to Financial Products by and among the parties thereto, which may include FGU,
CGS, or both, or any other third party or counterparty thereto, and such term shall
expressly include, without limitation, any assignment or termination agreement
related to Financial Products by FGU, CGS, or both.
4.”Financial Products” means swaps, options, caps, collars, floors, forwards, futures
contracts, and any other Hedging transactions, and any combination of the
foregoing, whether executed “over-the-counter” pursuant to private agreement of
“exchange-traded” on one or more regulated contract markets.
5.”Hedge” means to minimize or protect against loss by counterbalancing one
transaction against another or otherwise mitigating economic risk. The term
“Hedging” shall be construed accordingly.
6.”Speculation” means using Financial Products in a manner not reasonably
expected to reduce the risk associated with CGS business activities.
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Debt Management Policy. This policy is to establish criterion and procedures for the
issuance of debt financing by the City. This Debt Policy confirms the commitment of
the City Council, management, staff, advisors and other decision makers to adhere to
sound financial management practices, including full and timely repayment of all
borrowings, and achieving the lowest possible cost of capital within prudent risk
parameters.
The City shall employ the use of debt to compliment the significant recurring
commitments of annual appropriations for capital purposes in a way that is fair,
reasonable, and equitable to each generation of taxpayers, ratepayers, users and
other beneficiaries.
1. General:
A. The City shall seek to maintain their high bond ratings so borrowing costs are
minimized and access to credit is preserved.
B. The City may utilize debt obligations to refinance current debt or for acquisition,
construction or remodeling of capital Improvement projects that cannot be
funded from current revenue sources or in such cases wherein it is more
equitable to the users of the project to finance the project over its useful life.
C. The useful life of the asset or project generally must exceed the payout
schedule of any debt the City assumes.
D. The City will analyze funding alternatives to minimize the cost impact of debt
structures on the taxpayers or ratepayers.
E. The outstanding debt will be reexamined periodically to determine whether an
economical advantage exits for refinancing the outstanding debt given changes
in the interest rate and bond market. As a general rule, the present value
savings of a particular refunding should exceed 5% while maintaining a similar
maturity schedule to the original debt.
2. Type and Structure of Debt:
A. Any legally allowable debt may be used for financing capital improvements; this
includes, but is not limited to, short-term and long-term debt, general obligation
and revenue debt, fixed and variable rate debt, lease-backed debt, conduit
issues, and taxable debt. The use of zero coupon bonds, capital appreciation
bonds, deep discount bonds, and premium bonds may be considered.
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B. The City may consider the use of credit enhancements (letters of credit, bond
insurance, surety bonds, etc) when such credit enhancements proves cost-
effective.
C. When fiscally advisable and when consistent with contractual obligations, the
City shall lease purchase capital equipment. Generally, equipment will have a
monetary value $25,000 or more and a minimum life expectancy of three
years. The debt service on the lease purchase items shall be paid by the user
department.
3. Issuance of Obligations
A. Selecting Service Providers:
1. The City may retain an independent financial advisor for advice on debt
structuring, the rating review process, marketing debt issuances, sale
and post-sale services and to prepare and/or review the official
statement.
2. The City may also retain independent bond counsel and disclosure
counsel for legal and procedural advice on all debt issuances.
3. As necessary, the City may retain other service advisors, such as
trustees, underwriters, and pricing advisors.
4. Any process utilized to select professional service providers in
connection with the City’s debt program shall be in conformance with
City purchasing policies, procedures and requirements.
The objectives of the process will be to:
a. Promote competition
b. Be as objective as possible
c. Incorporate clear and rational selection criteria
d. Be independent of political influence
e. Be perceived as fair by the respondents
f.Result in a cost-effective transaction
g. Result in the selection of the most qualified firm
h. Eliminate conflict of interest
B. Method of Sale
1. Competitive Sale. The City will generally seek to issue its bond
obligations in a competitive sale. Other methods may be used if it is
determined that such a sale method will not produce the best results for
the City.
2. Negotiated Sale. The City may elect to sell its bond obligations through
a negotiated sale. This method will usually be considered when the
bond issue is refunding a prior issue or there is a unique or unusual
component to the bond issue.
3. Private Placement. When determined appropriate, the City may elect to
sell its debt obligations through a private placement or limited public
offering.
C. Maturity of the debt
1. Bonds will generally not have more than a thirty-year duration.
2.Lease Purchase debt will generally not have more than a five-year
duration.
4.Post-Issuance Compliance
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A. In order to comply with federal tax laws and maintain the tax-exempt status of
certain municipal debt issues, Post-Issuance Compliance monitoring is
required at regular intervals as follows:
1. Identification of debt-financed facilities and ongoing tax requirements -
at time of issue, including a review of tax certificate executed at closing
2. Qualified use of bond proceeds – ongoing
3. Qualified use of facilities financed with debt proceeds - ongoing by
monitoring discussions at staff meetings
4. Arbitrage yield restriction and rebate – annually as soon as bank
statements containing the last day of the bond year are available
5. Maintenance of bona fide debt service fund – recalculate sinking fund
deposit requirements semi-annually after each interest payment date
6. Continuing Disclosure documents other than Significant Events and
Notices to Bondholders – annually by due dates through EMMA
Dataport
7. Significant Events – upon occurrence through EMMA Dataport
8. Notices to Bondholders – upon occurrence of an event requiring notice
B. Procedures for Ensuring Timely Compliance
1. The Finance Director (or designee) will review project invoices
presented for payment from bond proceeds and authorize payment if
use of proceeds is proper.
2. The Finance Director (or designee) will participate in staff meetings
where discussions are held regarding use of debt-financed facilities.
3. The Finance Director (or designee) will calendar all bond year-ends and
coordinate transmission of bank statements and other arbitrage-related
documents with the outside arbitrage consultant within one month of the
bond year-end.
4. The Finance Director (or designee) will re-calculate monthly sinking
fund deposit requirements semi-annually after each interest payment,
and annually after each principal payment.
5. The Finance Director (or designee) will consult with the City’s
Disclosure Counsel, as needed, regarding disclosure of Significant
Events.
C. Procedures Reasonably Expected to Timely Identify Noncompliance
1. The Finance Director (or designee) will review the Continuing
Disclosure Checklist for upcoming due dates at the beginning of each
calendar quarter.
2. The Finance Director (or designee) will send required continuing
disclosure documents to the City’s Disclosure Counsel for review and
approval before filing through the EMMA Dataport.
3. Continuing disclosure due dates will be calendared by the Finance
Director and by the designee, as a backup reminder.
4. The annual financial statement audit will include review by external
auditors of use of debt proceeds, debt service accounts and payments,
and review of minutes of official meetings.
D. Procedures for Ensuring Timely Correction of Noncompliance
1. When noncompliance has been identified, the Finance Director will
promptly provide required documents or consult with Disclosure
Counsel, Bond Counsel or other outside specialists as needed. If a
possible violation of the tax rules is identified, the Finance Director will
consult with counsel to determine if a “remedial action” should be taken
under the Treasury Regulations or if a closing agreement request
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should be submitted to the Internal Revenue Service under the
Voluntary Closing Agreement Program. The City Manager and Council
will be notified to take additional steps, if necessary, to timely correct
the noncompliance.
2. Upon receipt of any correspondence from, or opening of an
examination of any type with respect to tax-exempt debt issued for the
benefit of the City, the Finance Director will promptly notify the City
Manager and consult with outside counsel as necessary to respond to
the IRS.
E. Recordkeeping Requirement and Records Retention
All relevant records and contracts shall be maintained in retrievable paper or
electronic format for the term of the debt plus a minimum of three years. The
term of the debt shall include the term of all debt which refunds the original new
money issue, including debt issued to refund debt in a series of refundings.
Records required to be maintained include:
1. Basic records relating to the debt transaction, including the debt transcript
of proceedings and other relevant documents delivered to the City in
connection with the issuance and closing of the debt transaction.
2. Documents evidencing expenditure of debt proceeds, including but not
limited to:
a) Construction contracts
b) Purchase orders
c) Invoices and applications for payment
d) Trustee requisitions and payment records
e) Documents related to costs reimbursed with debt proceeds, including
related issuer resolutions
f)Records identifying the assets or portion of assets financed or
refinanced with the debt proceeds
g) A final schedule of property financed by the debt and final allocation of
debt proceeds
3. Documentation evidencing the use of debt-financed property, including
records of lease or sale of debt-financed property for public or private
purposes, and any change in use of debt-financed property from its original
intended purpose.
4. Documentation evidencing all sources of payment or security for the debt.
5. Documentation pertaining to investment of debt proceeds, including but not
limited to:
a) Purchase and sale of securities
b) SLGs subscriptions
c) Yield calculations for each class of investments
d) Actual income received from the investment of proceeds
e) Investment agreements
f)Trustee statement
g)Arbitrage rebate calculations and reports
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Enterprise Funds. It is a policy of the City Council that all Enterprise Fund operations
shall be self-supporting, and shall pay administrative and other appropriate service 2-11
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charges to General Fund Operations for support at a level determined by the City
Council.
Enterprise Fund Transfer Payment. It is a policy of the City Council that the specific
enterprise operations designated by the City Council shall annually transfer to the
General Fund an amount determined appropriate to be considered reimbursement in
lieu of taxes. The current rate is 5.5% of prior year gross revenues.
April 1989 policy adopted by councilmembers established this rate at 4.5% of
prior-year gross revenues. This proportionate rate was adopted to
accommodate growth and replaced prior years' policy of a prescribed dollar
contribution.Other than the exceptions noted below, the rate of 4.5% remained
in effect until the City Council adopted the amended rate of 5.5% in September
2005.
Upon adoption of the Gas Strategic Plan in fiscal year 1995/96, the Council
agreed to replace the Gas Support contribution with a franchise fee from natural
gas customer accounts payable to the General Fund. This, in combination with
the Gas dividend, offered the General Fund the same level of support as fiscal
year 1995/96. The Gas System Dividend will be 50% of the Gas System Net
Income less Bond Interest Earnings, but no less than a $1,700,000, plus a
PILOT (Payment in Lieu of Taxes) fee of at least $508,720. Such PILOT fee will
be paid by the Gas Franchise Fees to offset such PILOT payment.
In September 2000, with the adoption of the 2001/02 Annual Operating Budget,
the City Council expanded this policy, which had previously been imposed only
on the utility enterprises, to include an annual payment in lieu of taxes from the
Marine and Airpark Fund. In FY 2009 the Parking Fund began paying the
PILOT.
2-12
General Fund Unappropriated Retained Earnings. It is a policy of the City Council
to maintain a General Fund reserve equal to 8% of the subsequent year's budgeted
expenditures as a contingency fund to meet unanticipated financial needs. Should
funds in excess of 8% be available in any fiscal year, these funds shall be identified as
available, and may be appropriated by the Council for specific Capital Improvement
Projects or other one-time needs.
In addition, the City Council will maintain an additional General Fund reserve equal to
½% of the subsequent year’s budgeted expenditures to fund unanticipated retirements
of General Fund long-term employees during the given fiscal year. Any appropriations
approved by the City Manager during the year, for this purpose, will be noted in the
City Manager’s quarterly budget report.
2-13
Interfund Administrative Charge.It is a policy of the City Council that an allocation
shall be made annually distributing the costs for administrative support departments
among all operating departments. This distribution shall be proportionately based on
the operating department's annual budget, and shall not be charged to General Fund
departments.
Upon adoption of the Gas Strategic Plan in fiscal year 1995/96, the Council
agreed to maintain the same charge for administrative support from the Gas
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Fund for fiscal year 1995/96 which will be increased annually by estimated the
cost of salary increase index (fiscal year 2001/02 - 5%).
Beginning in fiscal year 2001, the City Council approved an adjustment to the
Gas Fund charge increasing the charge by $325,000 over the computed amount
to bring the Gas Fund more in line with the proportionate amount calculated in
the same manner as the Other Enterprise Funds.
Interfund Other Service Charges. It is a policy of the City Council that the cost of
services provided to Enterprise Fund Departments by General Fund Departments shall
be charged to, and paid by the Enterprise Fund.
2-15
Investment Policy.
1. Scope
This statement of investment policy and guidelines applies to all investments of the City's
pooled cash, which includes cash and investment balances of the following funds:
•General
•Special Revenue
•Debt Service
•Capital Projects
•Enterprise
•Internal Service Funds
•Fiduciary Funds
The policies set forth do not apply to the non pooled cash investments of the Pension and
Deferred Compensation Funds of the City of Clearwater, deposits for defeased debt, or
assets under Bond Trust Indenture Agreements.
2. Investment Objectives
A. Safety of principal is regarded as the highest priority in the handling of
investments for the City. All other investment objectives are secondary to the
safety of capital. Each investment transaction shall seek to first ensure that capital
losses are avoided.
B. The City's investment strategy will provide sufficient liquidity to meet the City's
operating, payroll and capital requirements. To accomplish this the portfolio will
be "laddered" with monthly maturities except for those months in which significant
Ad Valorem taxes are received. To the extent possible, the City will match its
investments with anticipated cash flow requirements. Unless matched to a
specific cash flow requirement, the City will not directly invest in securities
maturing more than 15 years from the date of purchase. Also, unless specifically
matched against a debt or obligation not more than 15% of the portfolio will have
a maturity greater than 10 years.
C. The City's investment portfolio shall be designed with the objective of attaining a
market rate of return throughout budgetary and economic cycles, taking into
account the City's investment risk constraints and the cash flow characteristics of
the portfolio.
3. Performance Measurement
The benchmark yield for the operating portfolio will be the weighted average yield
determined by using the following maturity distribution and the related U.S. Treasury
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yields. Treasury yields are considered the benchmark for riskless investment transactions
and, therefore comprise a minimum standard for the operating portfolio's rate of return.
The investment program shall seek to augment returns above this threshold, consistent
with risk limitations identified herein.
Average Treasury Rates Percentage Distribution
Overnight rate 15%
3 month Treasury Bill rate 15%
6 month Treasury Bill rate 15%
1 year Treasury Bill rate 15%
3 year Treasury Note rate 15%
5 year Treasury Note rate 15%
10 year Treasury Note rate 10%
Total 100%
Weighted average maturity of benchmark 2.46 years
4. Prudence and Ethical Standards
The standard of prudence to be applied by the investment officer shall be the "Prudent
Person" rule, which states: "Investments shall be made with judgment and care, under
circumstances then prevailing, which persons of prudence, discretion and intelligence
exercise in the management of their own affairs, not for speculation, but for investment,
considering the probable safety of their capital as well as the probable income derived."
The "Prudent Person" rule shall be applied in the context of managing the overall
portfolio.
5. Authorized Investments
The City shall limit investments, as authorized in Florida Statutes to:
A. Direct Federal Government obligations. Investments in this category would
include but not be limited to the following: United States Treasury Bills, Notes and
Bonds, and securities issued by the Small Business Administration, Government
National Mortgage Association (Ginnie Mae), Veterans Administration, and
Federal Housing Administration.
B. Federal Agencies and instrumentalities. Investments in this category would
include but not be limited to the following: obligations of the Federal Home Loan
Banks System (FHLB) or its distinct banks, Financing Corporation (FICO), the
Federal Farm Credit Bank, Federal National Mortgage Association (Fannie Mae),
Federal Home Loan Mortgage Corporation (Freddie Mac), Student Loan
Marketing Association (Sallie Mae), Financial Assistance Corporation and Federal
Agriculture Mortgage Corporation (Farmer Mac).
C. U.S. Securities and Exchange Council registered money market funds with the
highest credit quality rating from a nationally recognized rating agency.
D. Interest-bearing time deposits or savings accounts, in a qualified Public
Depository as defined in s. 280.02 Florida Statutes.
E. Debt issued by the State of Florida or any political subdivision thereof including
pools.
F. Securities of, or other interests in, any open-end or closed-end management-
type investment company or investment trust registered under the Investment
Company Act of 1940, 15 U.S.C. ss. 80a-1 et seq., as amended from time to
time, provided that the portfolio of such investment company or investment
trust is limited to obligations of the United States Government or any agency or
instrumentality thereof and to repurchase agreements fully collateralized by
such United States Government obligations, and provided that such investment
company or investment trust takes delivery of such collateral either directly or
through an authorized custodian.
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G. Repurchase Agreements and reverse repurchase agreements collateralized by
securities otherwise authorized in this policy.
H. The Local Government Surplus Funds Trust Fund or any intergovernmental
investing pool authorized pursuant to the Florida Interlocal Cooperation Act as
provided in s. 163.01 Florida Statutes.
I.Commercial paper of prime quality of the highest letter and numerical rating as
provided for by at least one nationally recognized rating service.
6. Maturity and Liquidity Requirements
A. The City will maintain a forecast of expected cash outflows and inflows by major
categories. For months that the outflows exceed inflows the City will have
investments maturing that month in excess of the forecasted deficits.
B. The City’s intention is to keep the weighted average maturity to three years or
less. Due to market conditions and cash needs the average maturity may
temporarily be greater than three years but no greater than five years.
7. Portfolio Composition, Risk and Diversification
Assets held shall be diversified to control risk of loss resulting from over-concentration of
assets in a specific maturity, issuer, instrument, or dealer/broker, through which these
instruments are bought and sold. The following maximum limits apply to the portfolio:
Maturity date 10% Specific instrument 8%
Specific issuer 40% Specific dealer/broker 33%
Commercial paper 25%Collateralized Mortgage Obligations
and Real Estate Mortgage
Investment Conduits 33%
Diversification strategies within the established guidelines shall be reviewed and revised
periodically as necessary by the Investment Committee.
8. Authorized Investment Institutions and Dealers
A. Banks - Certificates of deposit purchased under the authority of this policy will be
purchased only from Qualified Public Depositories of the State of Florida as
identified by the State Treasurer, in accordance with Chapter 280 of the State
Statutes.
B. Broker/Dealer Approvals and Limitations - Time, practicality, and general
business constraints limit the number of investment relationships which can be
managed on a regular basis. In most cases, normal investment activity will be
limited to no more than ten dealer relationships. A broker/dealer list will be
established by the Finance Director or designee. This list will be presented to the
Investment Committee for approval. This list will be updated as needed and
approved by the Investment Committee.
9. Third-Party Custodial Agreements
All securities shall be held by a third party safekeeping company. All purchases by the
City under this policy shall be purchased using the "delivery versus payment" procedure.
For all purchases and sales of securities the third party custodial will require the approval
of two individuals authorized by the Finance Director.
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10. Master Repurchase Agreement
All approved institutions and dealers transacting repurchase agreements shall be
covered by a Master Repurchase Agreement. All repurchase agreement transactions
shall adhere to the requirements of the Master Repurchase Agreement.
11. Bid Requirements
After the Finance Director or designee has determined the appropriate maturity based on
cash flow needs and market conditions and has selected one or more optimal type of
investment, the security in question shall, when feasible and appropriate, be
competitively bid. Competitive bids or offerings shall be received from at least three
dealers/brokers on all sales or purchases except in situations where:
A. The security involved is a ‘new issue’ and can be purchased ‘at the auction.’
B. The security has a fixed "postal-scale" rate.
C. The security involved is available through direct issue or private placement.
D. The security involved is of particular special interest to the City and dealer
competition could have an adverse impact with respect to the price and
availability to the City.
It is also realized that in certain very limited cases the City will not be able to get three
quotes on a certain security. For those cases the City will obtain current market prices
from one of the following to determine if the transaction is in the City's best interest:
A. Bloomberg Information Delivery System.
B. Wall Street Journal or a comparable nationally recognized financial publication
providing daily market pricing.
C. Daily market pricing provided by the City's Custody Agent or their corresponding
institution.
12. Internal Controls
The Finance Director shall establish and monitor internal and procedural controls
designed to protect the City's assets and ensure proper accounting and reporting of the
transactions related thereto. The internal controls will be designed to prevent losses of
funds which might arise from fraud, employee error, misrepresentations by third parties,
or imprudent actions by employees of the City. All buy and sell communications with the
third party safekeeping company will be signed by two individuals authorized to make
investment decisions. The internal controls developed under this policy shall be reviewed
by the independent auditors as a regular part of their audit of the City.
The Finance Director shall establish an Investment Committee that meets on a regular
basis for the purpose of reviewing investment transactions, approving brokers/dealer
changes and other investment activities. The Investment Committee members will be
the Finance Director, Assistant Finance Director, Accounting Manager and any other
City staff members appointed by the Finance Director.
13. Reporting
The Finance Director or designee shall report on at least an annual basis the following
information on the City's investments:
A. Securities by class/type.
B. Book Value
C. Market Value
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D. Income Earned
14. Continuing Education
The members of the Investment Committee will complete no less than 8 hours of
continuing educational opportunities on investment practices each fiscal year. The
members of the Investment Committee will have sufficient knowledge and education to
invest in any and all of the securities listed above.
Maintenance of Capital Plant and Equipment. It is a policy of the City Council that
the City’s budget will provide adequate funding for maintenance of capital plant and
equipment and the funding for their orderly replacement.
2-17
Review of Annual Audit. It is a policy of the City Council to have a Certified Public
Accounting firm perform an annual audit on all of the City’s funds.A work session will
be held each year within 60 days of the release of the annual financial audit of the
City. At that time, the overall financial condition of the City and its enterprise funds will
be reviewed.
2-18
Review of Rate Schedules. It is a policy of the City Council to review rate schedules
of the City of Clearwater enterprise funds at a minimum of every 5 years. The purpose
of the review will be to assure rates are set in a manner to be fair and equitable while
covering the City’s cost to provide the service.
Unrestricted utility fund balances (working capital reserves) should be maintained
pursuant to the most recent rate review or at a level equivalent to at least six months’
operation and maintenance expense, whichever is greater, and three months for all
other enterprise and internal funds
2-19
Road Millage. In order to maintain the City’s sidewalks and streets (including curbs
and bridges), a road millage will be designated as a part of the annual budget process.
Priorities will be determined first on functional and safety considerations. Road Millage
may be used for aesthetic repairs.
2-20
Special Events Fee. The Special Events Committee will review applications for use of
City beaches, sidewalks, outdoor recreation open space and rights-of-way. Sponsoring
organizations will be responsible for the costs of all City services needed in
conjunction with the events unless they are City sponsored or co-sponsored events.
The City Council may waive all or a portion of fees and related charges for City
sponsored or co-sponsored events, including, but not limited to Jazz Holiday, July 4th,
Turkey Trot, and Martin Luther King Parade. There shall be an annual review of City
sponsored/co-sponsored events during the budget process. An agenda item
confirming co-sponsorship and waiver of fees for those to be submitted in the budget
will be brought for City Council acceptance in March of each calendar year. All items
accepted by the Council are then to be included in the appropriate department’s
budget. Only after the item is passed as part of the approved budget is the item
considered to be funded.
In the event additional monies are requested beyond what is included in the approved
budget, City Council approval will be needed before said additional funds are
appropriated.
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CITY COUNCIL POLICY
CITY COUNCIL
Annual Events. Newly elected Councilmembers and Councilmembers-elect shall be
invited to the annual Phillies dinner and advisory board appreciation event.
3-1
Citizen Inquiries -Responses.
A.Generally responses should be in the same form as received, i.e. letter with
letter. However, when deemed to be more appropriate a different form may be
used.
B.Inquiries addressed to a specific Councilmember will be responded to by that
Councilmember.
C. Inquiries addressed to the whole Council, whether in one letter or duplicate
letters to all Councilmembers, will be answered factually by the Mayor using
language that indicates that he or she is responding for the Clearwater City
Council. When needed, responses will be brought to Council for direction,
prior to being sent. Mail will be routed to the appropriate staff to draft a
response. Individual Councilmembers are not precluded from responding
individually to express their opinion.
D. Inquiries received which are not specifically addressed to the Council or its
members will be answered by the City Manager or designated staff member.
E.Inquiries and responses will be distributed, via e-mail, to all Councilmembers
F.Form letters or emails may be acknowledged but will not require a customized
response.
3-2
Council Travel. Payment for travel expenses shall be in keeping with the charter and
the City’s travel code. Specific amounts of the Council’s travel budget shall be
allocated to each Councilmember during annual budget preparations. At the end of
each fiscal year Councilmembers shall provide a report detailing that year’s travel.
Council approval shall be obtained prior to any member exceeding their annual
allocation for travel.
3-3
Departing Councilmembers’ Gifts. Departing gifts shall be chosen in consultation
with the outgoing members. The value of the gifts shall be a maximum of $300 for one
full term, $500 for two full terms and $600 for more than two full terms.
One full term. Plaque, nameplate, letter, pewter tray with seal, Council pictures.
Two full terms. Plaque, nameplate, letter, City watch, Council pictures.
Three or more full terms. Plaque, nameplate, ring, collage or album, tray with
seal, letter, gag gift, caricature.
3-4
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Distribution of Council Correspondence.All correspondence to the Mayor and the
Councilmembers arriving at City Hall received pursuant to the law or in connection with
the transaction of official business by the City of Clearwater shall be distributed as
follows:
When needed, e-mails will be forwarded to all Councilmembers by the Council
Assistant. Councilmembers will receive the original of hard copy items individually
addressed to them, whether anonymous or not. Council e-mails and other
correspondence will be available on the City’s website through the electronic
document management system. Mail will be delivered to the Council once per
week, or as needed.
Other anonymous letters and suggestions will not be distributed but will be
maintained in the City Manager's Office.
Publications and items of considerable length (such as petitions and agenda
materials for other boards) will not be distributed. These items, along with other
routine correspondence not requiring responses will be noted on a weekly read
file and available through the electronic document management system.
Unless otherwise directed, correspondence with the words similar to “Personal,”
“Confidential,” or “For the Addressee Only” will be delivered unopened to the
addressee. If such correspondence is determined to be related to City business,
the receiving Councilmember is to forward it to the Council Assistant for
distribution.
The City Manager will discuss with the Mayor malicious mail.
All e-mails received by the Councilmembers in their individual city email account
will be forwarded to the Council Assistant for distribution, or email forwarding, in
the same manner as other "hard copy" mail. The following emails will not be
forwarded: SPAM/JUNK, broadcast general information or solicitation or items
pertaining to scheduling.
Emails or "hard copy" mail relating to city business, sent directly to a
councilmember's home or private business, or hand delivered, shall also be
forwarded to the Council Assistant for distribution.
3-5
Fund Raisers. It shall be at the discretion of individual Councilmembers whether or not
to accept invitations to fund raising activities. Expenses incurred by acceptance are not
reimbursable. City employees will not attend these functions as City representatives.
3-6
Information Available to Public and Press. All material prepared by the City
Manager and City Attorney for the Council shall be provided to the press and to the
public via the Official Records and Legislative Services Department within a
reasonable amount of time.
3-7
Proclamations. The City of Clearwater will consider issuing proclamations from all
segments of the community without regard to gender, race, ethnicity or handicap.
Proclamations will not be issued to individuals, companies, “for profit” organizations,
profit making agencies, political organizations or religious organizations, except for
significant anniversary events of 50 years or 100 years.
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Representation on Boards.Councilmembers are asked to serve on various regional
and governmental boards. Boards/Committees may be added or deleted from time to
time. These duties should be distributed equitably among the Councilmembers.
Appointment of Councilmembers to these boards shall be evaluated annually in April.
Whenever possible, a Council representative on a board or committee will receive
Council input prior to taking a position regarding issues coming before that board. The
representing Councilmember shall vote in accordance with the stated position of the
majority of the Council. If it is not possible to obtain Council input the Councilmember is
to act to the best of their ability in the city's interest and with prior Council positions in
mind.
Periodic review of the actions of these boards and committees is desirable and the
representing Councilmember should coordinate these reports.
3-9
Resolutions. An individual Councilmember may request a resolution. However, prior
to preparation of the resolution, there must be a majority of the Councilmembers
agreeing to do so.
3-10
Staff Projects. A Councilmember shall request staff research or projects only through
the City Manager or City Attorney in accordance with the City charter. Any request that,
in the determination of the City Manager or City Attorney, will take longer than 8 hours
must be approved by a majority of the Council. The results of such research or
projects, except for legal advice to an individual, will be shared with all
councilmembers.
3-11
Strategic Direction/Planning. Prior to June 1st of each year and prior to the
development of the City Manager’s proposed budget, the City Council shall meet in a
strategic planning session(s) to review the five-year financial forecast and update as
necessary, the City’s Vision, Mission and Strategic Direction (Goals). From these
documents a five-year strategic plan will be updated.
3-12
Televising Council Meetings. All regular City Council meetings and work sessions
will be televised on C-View. Efforts will be made to also televise specially scheduled
meetings and work sessions. However, there will be times when this is not possible, or
practical. No closed-door attorney/client or bargaining sessions will be televised.
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CITY COUNCIL POLICY
CITY EMPLOYEES
Participating in Auctions. City employees and Councilmembers are prohibited from
participating in City auctions involving the sale of property which has either been
abandoned and confiscated, acquired with public funds, or which has otherwise come
into the possession of the City. They may attend as spectators but may not bid on or
purchase items offered for sale. All actions that would lead to perceptions of
participation, such as a family member bidding on items, should be avoided. It is the
intent of this policy to avoid giving "insider" information or a profit motive to employees
or their families in the disposal of surplus items.
4-1
Reimbursement of Certain Meal Events.The City Manager will determine when it is
appropriate to reimburse city employees for meal costs associated with recognition,
award and business related functions.
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CITY COUNCIL POLICY
GENERAL ADMINISTRATION
Application Fee Waivers. Generally, building permit, occupational license, plan review
and zoning-related application fees will not be waived except for City projects and other
governmental agencies. If staff believes special conditions exist, such requests may be
brought to the Council for consideration. Application fee waivers for governmental
agencies will include all governmental projects including those in which the
governmental agency is leasing property from a third party, providing the governmental
agency is the entity which applies for and obtains the permit. PACT (Ruth Eckerd Hall)
will be considered a governmental entity when considering application fee waivers.
NOTE: The City Clerk's research regarding waiver of application fees shows the
following:
Chi Chi Rodriquez Youth Foundation - no waivers
Center Foundation - waive building permit fees
Pinellas County - waived building permit fees for work done by County forces; waive
fees for variance application
State of Florida - waive fees for variance applications
Clearwater Ferry - waive building permit fees
St. Petersburg College - refunded building permit fee for parking lot
Skye Lane Properties, LLC (Heritage Insurance) – waived permit, application,
inspection, and other fees via Resolution 14-03
Pinellas Suncoast Transit Authority – waived plan review and permitting fees
(council direction on 7/30/18)
None of the above includes waiving impact fees.
5-1
Block Party Insurance Requirement. In order to insulate the City from claims resulting
from activities held in the public right-of-way in City-permitted block parties, block parties
shall be administered using a two-tier approach, which differentiates between smaller
scale block parties that do not include amusements or alcohol in the right-of-way (Tier 1
block parties) from those larger-scale parties that include high risk components and
activities (i.e., alcohol zones, fire pits, inflatable amusements) (Tier 2 block parties). Prior
to the issuance of a block party permit, block parties categorized as Tier 2 shall be
required to demonstrate that they have general liability insurance in the amount of
$1,000,000 for which the City is listed as additionally insured.
5-2
Bright and Beautiful. In order to maintain and enhance the image of Bright and
Beautiful Clearwater, the Council supports staff in enhanced solid waste recycling and
conservation projects, tightening and increasing enforcement of codes (i.e. fence
landscaping, prohibition of banners, lot clearing, etc.). Staff is also directed to place a
greater emphasis on and coordinate aesthetic consideration on site plans and other
development review (i.e. placement of dumpsters, fencing of dumpsters, property
landscaping and landscaping of parking lots including perimeter plantings). Litter
cleanup and "adopt a street or park" programs are encouraged. Educational and
incentive programs for both City staff and the public addressing this issue should be
developed.
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Citizens to be Heard Response. When appropriate, responses will be sent to those
addressing the Council under Citizens to be Heard regarding Items not on the Agenda.
5-4
City Sponsored Events. Events sponsored by the City, such as Volunteer Recognition,
Advisory Board Appreciation, etc., shall be held within the City limits of Clearwater,
unless the cost for a venue outside the City limits is at least 20% less.
5-5
Copyright Fees. The City shall pay the necessary copyright fees to ASCAP for those
concerts in the bandshell co-sponsored by the City. The City shall provide a monthly
report to ASCAP regarding activities in the bandshell and ASCAP shall be responsible
for collecting the fees from bands participating in non-City sponsored programs. In
addition, the City shall pay the necessary copyright fees to MPLC for showing movies at
various recreation centers.
5-6
Courtney Campbell Causeway (State Road 60) Welcome Signage Program.
1.Welcome signs are intended to greet visitors to Clearwater and share
accomplishments of national or international significance (awards) or significant
historical events that have been a part of the City of Clearwater.
2.Florida Department of Transportation (FDOT) has permitted two welcome signs to
be installed by the City on FDOT right-of-way on the north side of Courtney
Campbell Parkway (State Road 60): 1) a general welcome to City of Clearwater sign
and 2) a sign dedicated to recognizing a special award of national or international
significance or a Clearwater historical event.
3.The Parks and Recreation Department is responsible for the coordination of the
Courtney Campbell Parkway (State Road 60) Welcome Signage Program.
4.Installation of a welcome sign will be processed in accordance with the following:
A. Requests for a welcome sign shall be submitted in writing to the Parks and
Recreation Department by filling out a Courtney Campbell Parkway (State Road
60) Welcome Signage Program Application. The form is available online at
www.myclearwater.com, or by calling the Parks and Recreation Department.
B. The award to be recognized by the welcome sign must be of national or
international significance.
1. Accomplishment of national or international significance is an achievement or
completion of an award granted to an organization or to the City in
recognition of being the best in the entire nation or the best involving two or
more countries that promote and enhance the image of Clearwater.
2. Significant Clearwater historical events are defined as events that are unique
to Clearwater and add to the overall understanding of the City and its history.
C. If approved, a welcome sign may be allowed for a period not to exceed two
years.
D. Requests for a welcome sign may be made by a group or an individual, however
written approval to use the event or award to be recognized must be secured
from the governing body being represented. In cases where the request is for a
group or organization no longer in existence but historically significant to the City,
no approval is necessary.
E. Welcome signs, if approved, will be designed, constructed and installed by the
Parks and Recreation Department. Requesting group is responsible to reimburse
the City for all direct expenses (approximately $1,000 - $2,000).
F. The City Council must approve all welcome sign application requests.
G. The Courtney Campbell Parkway (State Road 60) Welcome Signage Program is
dependent on continued permitted approvals given by FDOT. If for some reason
FDOT does not approve permitting the welcome signs, this policy becomes void
and any existing signage would be removed.
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Economic Development Incentive Policy. Economic Development incentives should
be carefully crafted in a transparent manner to ensure that they yield a net benefit to City
residents. The following principles should be considered when making determinations:
A. The targeted investment would not occur without the incentive;
B. The investment should generate new economic activity in the area;
C. Each project should be evaluated on a case-by-case basis using the guiding
principles articulated in the City’s Economic Development Strategic Plan;
D. The Economic Development and Housing Department is the lead department
for the development, evaluation, negotiation, measurement and reporting of
City-wide economic development incentives.
1.Incentive Types
Incentives may be established as Programs or Tools and may provide financial and
non-financial inducement to the business, property owner, or developer of a qualifying
project:
A. Incentive Programs are established by Ordinance or Resolution and require the
development of published guidelines and application for submittal by a
qualifying project:
1. Qualifying criteria and disclosure of the methods by which the Economic
Development and Housing Department will evaluate, negotiate,
measure and report information contained within the application must be
established within the guidelines.
B. Incentive Tools are those activities and resources provided by, or on behalf of,
the Economic Development and Housing Department and are not subject to an
application process. The use of financial incentive tools are subject to Council
approval.
C. Financial Incentives must identify the source of funds, as may be permitted by
law and may be available from time to time, which may include, but are not
necessarily limited to:
1. Ad valorem tax exemption as permitted by statute;
2. The limited waiving, crediting, or payment of fees;
3. Reduced rent on city-owned property;
4. Grant or loan-to-grant agreements;
5. Low-interest loans;
6. Land exchange of comparable appraised value;
7. Financial support of infrastructure improvements;
8. Matching grant funds or in-kind services;
9. Funds for programs or services;
10. Brownfield assessment funds;
11. Public utility tax exemption;
12. Local match of state authorized programs.
D. Non-financial incentives may include:
1. Expedited planning review and approval process;
2. Access to Economic Development services;
3. Other city services, as appropriate.
2.Creation or Establishment of Incentive Programs and Tools
From time to time, Incentive Programs or Tools may be created or established. Such
Programs or Tools must include:
A. Statement demonstrating how the proposed incentive relates to the broader
economic development strategies including desired development areas
identified in the Economic Development Strategic Plan, Adopted Long Range
Plans, Consolidated Plan, and others;
B. Desired goal of the program or tool;
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C. Identification of qualifying criteria which may include, but are not limited to:
1. Minimum number of new full-time city positions created by the business
as a result of relocating to or expanding in the city;
2. Minimum average annual wage of the new employees of the business
located in the city;
3. Minimum threshold of capital investment in the city;
4. Geographic boundaries in which the Program or Tool may be applied;
5. Sales factor;
6. Industry type including Primary Targeted Industry, if applicable.
D. Methods of evaluation:
1. Quantitative Measures:
a. Economic, Fiscal and Incentive Impact Analysis;
b. Jobs created/retained;
c. Average wage of new jobs;
d. Capital investment generated;
2. Qualitative measures which identify the achievement of specific
community goals.
E. Reporting requirements and maintenance of records:
1. Where applicable, economic development incentives approved by
Council will be reported as per Council, State and Federal reporting
requirements.
F. For Financial Incentives:
1. The method of payment for performance and recapture of funds for
failure to perform.
3.Funding Sources
Funding for economic development incentives may be obtained from the General Fund
through the annual budget process or from time to time from any allowable source,
including:
A. General Fund Reserve;
B. Central Insurance Fund;
C. Enterprise Fund;
D. Federal, State, or County government grants or allocations;
E. Other monies set aside, as appropriate.
4.Definitions
A. “Project” means company, applicant, developer, property or the combination
of some or all which is evaluated for consideration of incentives.
B. “Desired Development Area” means certain geographic region(s) of the City
of Clearwater where development is preferred.
C. “Average Annual Wage” means statistical yearly average wage being paid or
proposed wage to be paid by prospective company.
D. “Primary Targeted Industry” means the seven (7) industries identified by the
City’s Economic Development Strategic Plan (2011) and those identified by
Enterprise Florida, Inc. or the Florida Department of Economic Opportunity
which may be subject to change from time to time.
E. “Capital Investment” means the acquisition of capital assets or fixed
assets, such as land, buildings, and equipment.
F.“Economic, Fiscal and Incentive Impact Analysis” means the calculation of the
worth of a project, business or activity to the community over a period of time
using a recognized third party analysis tool, such as “Total Impact” by Impact
DataSource, LLC.
5-8
cont’d
Fire Lanes.The Police Department shall have primary responsibility for the enforcement
of designated fire lanes. At the discretion of the Fire Chief, Fire Department personnel
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will be trained to participate in the enforcement of parking violations pertaining to fire
lanes and fire hydrants.
Renewal of Agreements.All renewals of agreements the City has with organizations or
tenants should be presented to the Council at least sixty (60) days prior to the expiration
of the original term.
5-10
Roadside Memorial Marker Program. The purpose of this policy is to establish the
guidelines for the placement of standardized roadside memorials for people that have
died as a result of a motor vehicle, pedestrian or bicycle crash within City maintained
right-of-way on segments of roadway in incorporated Clearwater.
1.The City of Clearwater, Traffic Operations Division, is responsible for the
implementation of the Roadside Memorial Marker Program.
2.The policy will apply to fatalities occurring after January 1, 2005.
3.The installation of a roadside memorial marker will be processed in accordance with
the following:
A. Requests for a memorial marker shall be submitted in writing to the Traffic
Operations Division of Engineering by filling out a Memorial Marker Request
Form. The form will be available online from the City’s website or by calling the
City. Requests may be made by immediate family members or friends.
Requests from friends require written approval from the deceased’s immediate
family.
B. Memorial markers will be designed, constructed and installed by the Clearwater
Traffic Operations Division. The Traffic Operations Division will be responsible
for designing the sign and ensuring proper and safe placement – the exact
location will be at the discretion of the City.
C. Memorial markers will not be allowed within the limits of active construction work
zones.
D. There shall be no activities while the memorial marker is in place that pose a
safety hazard to the public or that violates any provision of Chapter 316 of the
Florida Statutes concerning stopping, standing, parking, or obstruction of traffic
on public roads.
E. Memorial Markers will only be installed in residential areas where fatalities
occurred with the written permission of the resident whose property is abutting
the residential right of way where the memorial is to be placed.
F. The requesting citizen will be notified once the installation is complete.
G. Memorial markers will be allowed to remain in place for one year after
installation unless earlier removal is necessitated by construction activities. After
one year the sign will be removed by City forces.
H. The memorial marker shall be a 15-inch diameter aluminum sign with a white
background and black letters.
I.The sign message will state ‘Drive Safely – In memory’ and the family will have
the option of adding the deceased’s name to the sign.
J. As an option, the City can offer an alternate safety message to the ‘Drive Safely’
legend if desired by the family that would be specific to the type of crash, and as
long as it will fit on the sign. Examples could be ‘Don’t Drink and Drive,’ ‘Buckle
Up,’ ‘Slow Down,’ etc.
K. The sign will be mounted at a height of 3.5-feet (42-inches) from the ground to
the top of the sign.
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L. The applicant will incur the cost of design, construction, installation,
maintenance, and removal of the memorial marker. This cost is $300. Upon
request the sign becomes the property of the applicant.
Special Event Street Closure Limitation. Street closures for special events shall be
limited to two (2) per calendar year requested by any one non-profit or for-profit
organization. The City of Clearwater shall be exempt from this limitation. The City shall
comply with any Florida Department of Transportation policies regarding street closures
of state roads.
5-12
Stationery. The City shall have letterhead designed by Public Communications on
which the City seal will be imprinted. Paper stock will be recyclable. Other forms in
supply will be allowed to be used until said supply is depleted.
The Vice-Mayor designation will not be identified on any of the shirts, business cards,
letterhead, or nametags with the City of Clearwater.
Exception: The Gas Division may use its logo.
5-13
Welcome Letters.Upon adoption of an Annexation Ordinance staff will prepare a letter
for the Mayor’s signature welcoming the property owner to Clearwater
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CITY COUNCIL POLICY
LAND DEVELOPMENT
Annexation Agreements. The City Manager is authorized to approve routine
annexation agreements involving one existing or proposed residences. Where a
discrepancy exists regarding land use designations, right-of-way requirements, or any
other circumstances, administrative approval is not authorized. A quarterly report of
administrative approval is requested.
6-1
Brick Streets. The purpose of this policy is to provide a means by which residents that
currently own property on an asphalt street or deteriorated existing brick street can
obtain a brick street without unduly burdening the city’s limited street repair funds. The
intent of the policy is to define who bears the cost for the brick street surface upgrade.
The City is responsible for the maintenance of streets to insure vehicular and
pedestrian safety and improve and maintain ride-ability. The typical practice for road
resurfacing is an asphalt overlay on an existing asphalt road. The Engineering
Department has a budget for the maintenance of such roads. The life span of an
asphalt road is approximately 10 - 15 years. The life span of a properly installed brick
street is estimated to be 40 - 50 years.
Property owners residing within an easily delineated neighborhood within the city may
request the City to resurface their street(s) with brick. The petitioning process and the
cost sharing principles for such action are described herein.
For the purpose of this policy, two categories for street bricking have been identified.
The assessment to contiguous property owners will be determined based upon the
category that fits the proposed street. The two categories are:
1. Existing Brick Street
This category includes all existing brick streets. On many of these streets the
condition of the road base underlying the brick surface has deteriorated.
Historically, the original brick roads were built upon existing sandy soil that has
allowed the brick to shift and settle over time, creating an undesirable road surface.
To achieve a satisfactory road surface, the existing bricks must be removed and a
proper road base installed. Since some loss of bricks occurs during the removal
and reclamation process, there will not be a sufficient quantity of bricks remaining
to be immediately replaced in the roadbed.
Property owners on these streets may request the City to remove the existing
bricks and replace them with new clay street bricks by requesting the City to
petition all property owners on the street(s). The clay bricks removed will be
reclaimed by the city and stored for future use in other areas of the city. In this
case, an assessment will not be levied on the property owners because of the pre-
existence of clay bricks.
6-2
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2. Existing Asphalt Street
Residents may request the City to replace an existing asphalt street with new street
bricks by requesting the City to petition all property owners on the street(s).
The cost for the bricking project will be calculated and will include the costs of new
street bricks, sand, curbs, bedding, leveling material, labor and equipment; less the
cost for installation of a two inch thick asphalt surface.
The net cost will be assessed to each property owner based on the linear footage
of
property frontage or other basis consistent with Chapter 27 Clearwater Code of
Ordinances, Chapter 170 Florida Statutes or other applicable laws.
The following procedure will be used by property owners and the City in upgrading
existing asphalt streets in a residential or commercial area:
A. Property owners may request the City to replace the existing street surface with
new clay street bricks by requesting the City to petition all property owners on
the street(s). The petition results must show positive interest of property owners
owning a majority (51%) of the property frontage on the street (or
neighborhood) to be bricked. The City petition process will be conducted so that
100% of the property owners on the proposed street(s) have been informed of
the petition and the potential impact it may have on their property. A good faith
attempt will be made to notify all property owners of the petition, i.e. registered
letter or certified mail. Petitions not returned to the City within 30 days of receipt
will be considered as a no vote.
The petition will include the following information and statements:
(See sample in Appendix A)
1. Identification of the area to include street names and lots or properties
within the area. The proposed street must be at least one block long, i.e.
intersection to intersection.
2. A statement indicating that the individual signing a petition recognizes
that there may be a cost increase borne by them through a special
assessment program, if the petition is approved by the City of
Clearwater. A preliminary non-binding cost estimate for each property
will be included with the petition form.
3. Signatures of individuals or entities owning property within the
designated area. Signatures of persons or entities renting or leasing
property will not be considered.
B. The Engineering Department will review the request to identify issues that may
relate to public safety, health and welfare. The Department will either
recommend approval with conditions as necessary or reject the request if it is
deemed invalid or not suitable due to public health, safety or welfare reasons.
C. Implementation of the special assessment will comply with Chapter 27
Clearwater Code of Ordinances, Chapter 170, Florida Statutes, or other
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6-2
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26 To be reviewed November 2019 – marked up
applicable provisions of law. The City will coordinate the installation of new
street bricks and curbing with the imposition and levy of the special
assessments.
D. Upon approval of the special assessment by the City Council, the Engineering
Department will hold a coordination meeting between the appropriate City staff
and the property owners in order to establish installation schedules and
procedures.
It is the responsibility of City staff to prioritize requests when multiple requests for
petitions have been submitted. The Engineering staff first will determine when the
street is anticipated to be scheduled for resurfacing based on the latest Pavement
Condition Survey. Priority will be given to those requests for roads that have the
lowest Pavement Condition Index. Additionally, streets with scheduled underground
utility projects which would necessitate complete resurfacing would be prioritized
based on the scheduled date of the utility project.
All street bricking requests will be subject to the availability of interim funding. In the
situation where there are more requests than funds available, the proposed
requests will be delayed until sufficient funds are available.
The following brick types are acceptable for this policy:
New Clay Brick Pavers:
8"L x 4"W x 2 3/4" min. H heavy vehicular clay paving brick
meeting ASTM C 1272, Type F as manufactured by Pine Hill
Brick or equal as determined by the Engineering Department.
Color will be determined jointly with city staff and the area
property owners from an approved City color palette.
The developer of a new subdivision may elect to install brick streets. However,
installation costs in new subdivisions are required to be paid by the developer at
the time of installation and will not be assessed to the individual lots. The developer
is required to follow City of Clearwater Engineering Standards for brick road
installation.
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APPENDIX A
SAMPLE BRICK STREET POLICY PETITION
The purpose of this form is to provide a means by which residents may request the City
of Clearwater to install an upgraded brick street surface in place of asphalt or replace a
deteriorated existing brick street. This form is to be utilized in conjunction with the City
of Clearwater’s Brick Street Policy adopted by the City Council.
As outlined in the Brick Street Policy, the additional costs of upgrading from an asphalt
street to a brick street will be assessed to the property owners with front footage on the
proposed street. The net cost, as determined by the City, will be assessed to each
property owner based on the Brick Street Policy. Specific costs will be determined prior
to City Council adoption of the final assessment roll. There will be no assessment
levied in the case of upgrading an existing brick street.
Street Name:______________________________________________________
From Cross Street: __________________ To Cross Street:_________________
Total Number of Affected Property Owners (Lots):___________
Contact Name:_______________________________________
Contact Address:_____________________________________
Contact Phone:______________________________________
I understand, by my signature below, that the purpose of this petition is to demonstrate
my support of the installation/restoration of brick on the proposed street. I also
understand that the cost associated with this upgrade will be borne by myself and other
property owners on the proposed street. Furthermore, I also understand that by signing
this petition, I am authorizing the City of Clearwater to proceed with the establishment
of a preliminary assessment roll and I am in no way obligated to accept this
assessment at this time. Attached to this petition is an estimate of the proposed cost
for each property impacted. This estimate is preliminary only and may be adjusted up
or down based upon actual construction bid results
NAME: ___________________________________________
ADDRESS: ________________________________________
PHONE: __________________________________________
SIGNATURE: ______________________________________
Please submit this petition to:
City Clerk, City of Clearwater
Official Records and Legislative Services Department
P.O. Box 4748, Clearwater , FL 33756
Foreclosure. In order to address blighted and vacant properties within the City, the
following factors will be considered for utilization of the foreclosure process to put
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properties in the hands of new owners who will care for and use the property to
promote economic development within the City.
1.All properties are considered (commercial, residential, and vacant lots).
2.Properties with mortgages are considered.
3.Properties that are occupied are considered.
4.Properties with significant code or other city liens are considered.
5.Homestead exempted properties will not be considered.
Once a property is selected and referred to the City Attorney for review, a demand
letter may be sent to the property owner requesting payment of the liens in full prior to
initiating a foreclosure action. If contact cannot be made, or payment is not received by
the date indicated in the letter, the City Attorney shall seek authorization from the City
Council to initiate a foreclosure action against the property.
Landscaping of City Roads.When landscaping is a necessary and integral part of a
City road or street improvement/construction project the landscape material shall be
selected and located based on ease and frequency of required maintenance. All such
material shall be drought resistant.
6-4
New Sidewalks. In order for new sidewalks to be installed in an existing neighborhood,
a petition is required indicating that greater than 50% of the property owners impacted
are in favor. Exceptions include when the City determines that a sidewalk is necessary
as part of a heavily used school route, or for sidewalks filling a gap between existing
sidewalks involving two or less residences.
6-5
Parks & Recreation Card to Annexing Property. Resident Parks & Recreation cards
may be obtained by petitioners for annexation upon acceptance of the application.
6-6
Petitions for Annexation. Request to be made that all contiguous parcels under the
same ownership be annexed simultaneously.6-7
Subdivision Monuments. New entranceway landscaping, monuments, signage, and
walls shall not be allowed within the public rights-of-way of the City of Clearwater. Such
special treatments are to be upon private property and in accordance with all
applicable codes and regulations. The owners of all existing entranceway features
occupying public property have the option to execute a Right of Way (ROW)
Beautification Revocable License Agreement with the City of Clearwater wherein
owners agree to keep all features in good repair, including signs, monuments,
landscaping, irrigation systems, flag poles, etc. Upon failure of the owners to execute
such agreement, or upon failure of the owners to repair or maintain any feature of the
site which has fallen in disrepair after notice, the Parks and Recreation Department is
to remove all such materials with the exception of trees and grass occupying the public
right-of-way.
A wooden sign with breakaway features approved by the City Engineer may be allowed
within the public right-of-way when associated with a city approved “Adopt a (fill in
name)” program, and is to be limited to a size necessary to name the sponsoring
agency in 3-inch letters. Such sign to be a maximum height of 18-inches.
6-8
Waiver/Reduction of Liens.In order to encourage (re) development of properties for
enhancement of property values and living conditions in the City, the following factors
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will be considered for requests for waivers/reductions of lot clearing, nuisance
abatement, and/or unsafe structures/demolition liens.
1.Whether the violation has been brought into compliance regarding the violation
cited.
2.Whether extreme or undue hardship is shown regarding payment of the lien and/or
regarding coming into compliance with code requirements during the required time.
3.Whether there are existing code violations on other properties owned by the
violator or prospective purchaser.
4.Whether there is a development or redevelopment proposal regarding the property
which would result in improvement or upgrade of the property.
5.Whether, given such a development or redevelopment plan, it would be impractical
to take the compliance action directed by the City Council.
6.Whether payment would hinder a proposed sale of the property.
7.Whether an appraisal of the property, submitted by the applicant, demonstrates to
the City that the cost of the lien has been absorbed.
8.The amount of a lien will not be reduced below the amount representing
administrative costs incurred by the city regarding the case.
30 To be reviewed November 2019 – marked up
CITY COUNCIL POLICY
LEGAL
Case Reports. The city attorney shall furnish to the city council a quarterly report of
pending litigation, identifying each case, opposing counsel, the nature of the case, and
the status of the case as of the date of the report. In addition, the city attorney shall keep
the city council and city manager advised from time to time as to significant
developments in each case.
7-1
31 To be reviewed November 2019 – marked up
CITY COUNCIL POLICY
LEISURE
Ages 12 -13 Supervised Use of City Recreation Fitness Facilities.
The following guidelines govern the use of City recreation fitness facilities by users
ages 12 and13.
1.This section shall apply to the use of fitness facilities for individuals who have
achieved the age of 12 or 13 on the day of, or prior to, the day such individual
requests such use.
2.Use of the fitness area by such person is governed by this Council policy and is
limited to instances where such person is actively, directly supervised by the
individual’s parent, legal guardian or a designated responsible adult, in a one on
one setting. Any other use of City recreation facilities by 12 and 13 year olds is
strictly prohibited.
3.A parent under this policy is defined as either biological parent or legal
guardian.
4.A responsible adult under this policy is defined as a person who has achieved
the age of 21 on the day of or prior to the date of the use and is designated by
the parent or legal guardian on the “Parental Consent and Waiver/Release of
Liability” form.
5.An acceptable level of supervision under this policy is considered to be
achieved when the parent, legal guardian or designated responsible adult is not
engaged in any other activity (i.e. working out or in conversation with another
user) during the performance and attendance of the designated youth
participant.
6.This level of supervision is designed to ensure proper focus and attention to
achieve safety standards and requirements, including proper technique,
appropriate equipment selection and use. Further, the required supervision is
designed to protect other users of the facilities.
7.City staff will monitor for compliance of this policy.
8.Both the parent, legal guardian, or designated responsible adult and individual
child must have valid access to the fitness facility by paying the appropriate
daily fee, or by securing the proper membership that allows use of the area. In
addition, the parent or legal guardian must agree to and sign the “Parental
Consent and Waiver/Release of Liability” form and identify the responsible
adult(s) who may supervise the child.
9.Staff, in its sole discretion, shall retain the right to eject any party not complying
with this policy. In addition, failure to adhere to this policy shall result in
immediate, permanent termination of the youth participant’s fitness facility use
rights.
8-1
32 To be reviewed November 2019 – marked up
Amplification of Sound at City Venues.The following guidelines govern the
amplification of sound at City co-sponsored and private events held at City venues for
musical and entertainment productions.
1.Amplification of sound and in particular music for an event must end at a
specific time set by the City Manager or his designee. In general that time will
be no later than 10:00 p.m. Sunday through Thursday and no later than 11:00
p.m. on Friday and Saturday, but on certain rare occasions permitted to be held
longer.
2.Amplification of sound including music will not exceed an average of 95 decibel
or dB level measured at the house mix over a period of 30 seconds.
3.Amplification of sound during the event will be measured by a City employee or
City contractor by using a sound-level meter which is an instrument that
includes a microphone, amplifier, RMS detector, integrator or time average,
output or display meter and the weighting networks used to measure sound
pressure levels.
4.The City employee or City contractor will measure the sound levels for every
group performing at the event.
5.In the event a promoter or sponsor violates this policy, the City employee or City
contractor will require that the sound levels be adjusted to meet the standard. If
after the first warning the volumes are not adjusted to meet the policy, the City
employee or City contractor will personally adjust the sound level to bring in
compliance.
6.If a promoter or sponsor continues to violate this policy, then they will not be
allowed to have concerts at City venues.
8-2
Holiday Decorations. Holiday decorations along the rights-of-way to be installed or
paid for by the city will be limited to the Downtown Core, Memorial Causeway, South
Gulfview to the southern point of Beach Walk, Mandalay south of Acacia and the
business district on Sand Key.
8-3
Library Donor Naming Recognition.The following guidelines govern donor
recognition with regard to naming buildings, areas, rooms, collections, furnishings and
equipment:
1.Library building names will have geographical or functional names only and will
not be subject to availability for donor recognition. Clearwater Main Library and
North Greenwood Branch meet the policy guidelines, but John Doe Main Library
does not.
2.Naming of library internal functional areas, rooms, and major collections is the
prerogative of the City Council.
3.Collections of materials, equipment or furnishings, which are accepted as gifts
by the Library Director, and/or funded by individuals, corporations or
foundations, may be recognized by a discrete engraved plaque mounted on or
near the gift as appropriate, with the name of the donor displayed. For example,
"the John Doe collection of Illuminated Manuscripts" or "Computer Equipment
for Research Provided and Maintained by the John Doe Corporation."
4.All signs and plaques printed with names of donors will be of similar appearance
and will be consistent with the architectural design and interior decoration of the
building.
8-4
33 To be reviewed November 2019 – marked up
Renaming City Parks. The Parks and Recreation Board will not consider any requests
to rename existing parks unless requested by motion of the City Council (per
Resolution 97-43). The Board will conduct an advertised public hearing for the proposal
and formulate a recommendation to the City Council for a final decision.
8-5
CITY OF CLEARWATER
CITY COUNCIL POLICIES
Adopted 8-14-2018
i As Approved at 8/14/18 Council Meeting
CITY COUNCIL POLICY MANUAL
Table of Contents
POLICY # POLICY TITLE ADOPTED
DATE
MOST
RECENT
REVISION
1 – BOARDS
1-1 Ad Hoc Committees
1-2 Advisory Board Appreciation 12/1/16
1-3 Campaign Material During Meetings
1-4 City Representatives on Non-City Boards 12/1/16
1-5 Input from Advisory Boards 10/6/05
1-6 Input to Other Boards/Committees 12/1/16
1-7 Letterhead
1-8 Non-Board Business Functions - Sunshine Law
1-9 Representative Balance
1-10 Special Requests
2 – BUDGET and FINANCE
2-1 Accounting Procedures
2-2 Audit Committee 12/1/16
2-3 Balanced Budget
2-4 Budget Review Process 12/1/16
2-5 Budgetary Position Control 12/1/16
2-6 CRA Contribution to General Fund
2-7 Capital Improvement Budget &
Capital Improvement Plan
2-8 Central Insurance Reserve Policy 10/6/05
2-9 Clearwater Gas System Gas Supply Hedging Policy 12/2/04 12/1/16
2-10 Debt Management Policy 12/1/16
2-11 Enterprise Funds
2-12 Enterprise Fund Transfer Payment 5/17/17
2-13 General Fund Unappropriated Retained Earnings 9/14/11
2-14 Interfund Administrative Charge 12/1/16
2-15 Interfund Other Service Charges
2-16 Investment Policy 5/17/18
2-17 Maintenance of Capital Plant and Equipment
2-18 Review of Annual Audit
2-19 Review of Rate Schedules 5/17/17
2-20 Road Millage
2-21 Special Events Fee 5/17/18
ii As Approved at 8/14/18 Council Meeting
CITY COUNCIL POLICY MANUAL
Table of Contents – Cont’d
POLICY # POLICY TITLE ADOPTED
DATE
MOST
RECENT
REVISION
3 – CITY COUNCIL
3-1 Annual Events 12/1/16
3-2 Citizen Inquiries - Responses 12/1/16
3-3 Council Travel 12/1/16
3-4 Departing Councilmembers’ Gifts 12/1/16
3-5 Distribution of Council Correspondence 12/1/16
3-6 Fund Raisers 11/20/14
3-7 Information Available to Public and Press 8/21/03
3-8 Proclamations 12/1/16
3-9 Representation on Boards 12/1/16
3-10 Resolutions
3-11 Staff Projects 12/1/16
3-12 Strategic Direction/Planning 12/1/16
3-13 Televising Council Meetings
4 – CITY EMPLOYEES
4-1 Participating in Auctions
4-2 Reimbursement of Certain Meal Events
5 – GENERAL ADMINISTRATION
5-1 Application Fee Waivers 8/14/18
5-2 Block Party Insurance Requirements
5-3 Bright and Beautiful 12/1/16
5-4 Citizens to be Heard Response 10/6/05
5-5 City Sponsored Events 6/2/08 12/1/16
5-6 Copyright Fees 5/17/18
5-7 Courtney Campbell Causeway (State Road 60)
Welcome Signage Program
11/20/14 12/1/16
5-8 Economic Development Incentive Policy 5/17/17
5-9 Fire Lanes 5/17/17
5-10 Renewal of Agreements
5-11 Roadside Memorial Marker Program 11/20/14 12/1/16
5-12 Special Event Street Closure Limitation 2/16/17
5-13 Stationery 12/1/16
5-14 Welcome Letters
iii As Approved at 8/14/18 Council Meeting
CITY COUNCIL POLICY MANUAL
Table of Contents – Cont’d
POLICY # POLICY TITLE ADOPTED
DATE
MOST
RECENT
REVISION
6 – LAND DEVELOPMENT
6-1 Annexation Agreements
6-2 Foreclosure 3/1/18
6-3 Landscaping of City Roads 12/1/16
6-4 New Sidewalks 5/17/17
6-5 Parks & Recreation Card to Annexing Property
6-6 Petitions for Annexation
6-7 Subdivision Monuments 12/1/16
6-8 Waiver/Reduction of Liens
7 – LEGAL
7-1 Case Reports
8 – LEISURE
8-1 Ages 12-13 Supervised Use of City Recreation
Fitness Facilities
12/1/16
8-2 Amplification of Sound at City Venues 10/6/05
8-3 Holiday Decorations 12/1/16
8-4 Library Donor Naming Recognition
1 As Approved at 8/14/18 Council Meeting
CITY COUNCIL POLICY
BOARDS
Ad Hoc Committees. Members of boards may also serve on Ad Hoc committees or
Task Forces.
1-1
Advisory Board Appreciation. Each recipient of an invitation to the Annual Advisory
Board Appreciation event may bring one guest. Members should attend at least one
meeting prior to being invited to the annual event.
1-2
Campaign Material During Meetings. During City Council and board meetings, board
members will not display material supporting or opposing candidates or issues on any
election ballot.
1-3
City Representatives on Non-City Boards. Citizens appointed by City Council to be
the City’s representatives on non-City Boards will serve no more than three
consecutive terms, at the discretion of City Council. The representatives shall keep the
Council informed of the activities of the boards.
1-4
Input from Advisory Boards. Staff will assure that input from advisory boards
regarding issues coming before the City Council is noted in the City Council’s agenda
items.
1-5
Input to Other Boards/Committees. Upon majority approval, a board may advise
other boards or agencies regarding its position on issues but may not represent that
position as City policy.
1-6
Letterhead. Advisory Board letterhead may be used and staff assists when
correspondence is written on behalf of the entire board. Letterhead will not be used by
individual members expressing individual opinions and concerns.
1-7
Non-Board Business Functions - Sunshine Law. In order to eliminate the possibility
or appearance of violation of the Sunshine Law, all boards and committees appointed
by the City Council are requested not to schedule luncheons or other non-board
business functions.
1-8
Representative Balance. When making appointments to a board, the City Council will
strive to assure the board has a balance of race, gender and geographical area of the
City represented.
1-9
Special Requests. Requests for special reports on projects will require Council or City
Manager’s approval prior to staff commencing efforts in this regard.
1-10
2 As Approved at 8/14/18 Council Meeting
CITY COUNCIL POLICY
BUDGET and FINANCE
Accounting Procedures. It is a policy of the City Council to establish and maintain a
standard of accounting practices on a basis consistent with Generally Accepted
Accounting Procedures (GAAP), and the Governmental Accounting Standards Board
(GASB), and the standard practices of the Government Finance Officers Association
of the United States and Canada (GFOA).
The City will also comply with the rules of the Auditor General and the Uniform
Accounting System as required by the State of Florida.
2-1
Audit Committee. It is a policy of the City Council to have an Audit Committee for the
selection of a Certified Public Accounting firm for the annual audit, in compliance with
Section 218.391, Florida Statutes. The Audit Committee will be appointed by the City
Council and may be comprised of council members, council appointees, and/or city
employees as determined by the City Council. The Audit Committee will be
responsible to solicit proposals via a competitive RFP process every five years at a
minimum. The Audit Committee may also manage the audit process as appropriate.
2-2
Balanced Budget. It is a policy of the City Council to adopt a balanced budget for all
funds. The City will avoid budget and accounting practices that balance the budget at
the expense of future budgets. The City will also avoid budgeting any unrealized
investment gains due to the City’s practice of holding investments until maturity.
2-3
Budget Review Process. It is a policy of the City Council to be provided with a
quarterly budget report and an annual operating budget comparing actual versus
budgeted revenue and expense activity.
2-4
Budgetary Position Control. It is a policy of the City Council that the total number of
permanent full-time and part-time positions (full-time equivalents) approved in the
annual operating budget may not be exceeded without prior approval of the City
Council.
2-5
CRA Contribution to General Fund. It is the City's policy that services provided for
administrative support to the Community Redevelopment Agency (CRA) by City
employees shall be reimbursed to the General Fund. Such reimbursement shall be
approximate actual costs incurred by the department, together with any associated
costs.
2-6
Capital Improvement Budget and Capital Improvement Plan. It is a policy of the
City Council to adopt a six-year Capital Improvement Plan and Budget which
summarizes the project scope, estimated cost estimates by project, method of
financing, and anticipated operating costs of each project.
2-7
Central Insurance Reserve Policy. It is a policy of the City Council to maintain a
Central Insurance Fund reserve to guard against unforeseen or uninsured costs or
increases in property, workers’ compensation, health or liability insurance. The target
minimum balance for this reserve is equal to 75% of the actuarially calculated self-
2-8
3 As Approved at 8/14/18 Council Meeting
insurance reserve liability. If reserves are drawn down below the above target
minimum balance, the City will develop a plan to replenish the reserves, generally
within five (5) years.
2-8
cont’d
Clearwater Gas System Supply Hedging Policy: It is a policy of the City Council to
limit the financial risk to Clearwater Gas System (CGS) of natural gas purchases by
Hedging a portion of its gas supply needs with the intention of reducing price volatility
for the residential, commercial, and industrial customers of CGS. Hedging amounts for
a specified period of time will NOT exceed the expected average natural gas energy
usage over that time period.
The City Representative shall issue a Directive to Florida Gas Utility (FGU) in the
event that CGS would like FGU to take any action with respect to a Financial Product
on its behalf. The General Manager of FGU shall not be authorized to enter into a
Financial Product on a system-wide basis for CGS without a Directive from the City
Representative.
Financial Products shall be purchased or otherwise acquired for the purpose of risk
management and, to the extent possible, shall be entered into in such a manner as to
meet applicable accounting standards as a “hedge” for accounting purposes; provided
that the failure to obtain any particular accounting treatment with respect to a Financial
Product shall not form a basis for challenging or otherwise calling into question the
legality and enforceability of a Financial Product entered into pursuant to a Directive.
CGS shall not engage in any purchase or acquisition of Financial Products for
Speculation.
In the event if any inconsistency between the terms of this Policy and any existing
agreement between FGU and CGS, including, without limitation, the All Requirements
Gas Services Agreement, dated as of February 15, 2002 and as amended from time to
time, between FGU and CGS and entered into pursuant to Resolution 02-02 the City
of Clearwater, Florida, the terms of such agreement shall prevail.
In above policy, these terms are defined as:
1. “City Representative” means a representative of the City of Clearwater, Florida,
who can authorize a Directive with respect to Financial Products, which term shall
include, without limitation, any person designated as a “member representative” or
“project participant representative” under an agreement between FGU and the City
of Clearwater, Florida.
2. ”Directive” means an instrument, in writing, executed and delivered by a City
Representative that gives directions to FGU, or otherwise authorizes actions by
FGU, with respect to Financial Products and the related Financial Instruments.
3. ”Financial Instruments” means one or more agreements entered into with respect
to Financial Products by and among the parties thereto, which may include FGU,
CGS, or both, or any other third party or counterparty thereto, and such term shall
expressly include, without limitation, any assignment or termination agreement
related to Financial Products by FGU, CGS, or both.
4. ”Financial Products” means swaps, options, caps, collars, floors, forwards, futures
contracts, and any other Hedging transactions, and any combination of the
foregoing, whether executed “over-the-counter” pursuant to private agreement of
“exchange-traded” on one or more regulated contract markets.
2-9
4 As Approved at 8/14/18 Council Meeting
5. ”Hedge” means to minimize or protect against loss by counterbalancing one
transaction against another or otherwise mitigating economic risk. The term
“Hedging” shall be construed accordingly.
6. ”Speculation” means using Financial Products in a manner not reasonably
expected to reduce the risk associated with CGS business activities.
2-9
cont’d
Debt Management Policy. This policy is to establish criterion and procedures for the
issuance of debt financing by the City. This Debt Policy confirms the commitment of
the City Council, management, staff, advisors and other decision makers to adhere to
sound financial management practices, including full and timely repayment of all
borrowings, and achieving the lowest possible cost of capital within prudent risk
parameters.
The City shall employ the use of debt to compliment the significant recurring
commitments of annual appropriations for capital purposes in a way that is fair,
reasonable, and equitable to each generation of taxpayers, ratepayers, users and
other beneficiaries.
1. General:
A. The City shall seek to maintain their high bond ratings so borrowing costs are
minimized and access to credit is preserved.
B. The City may utilize debt obligations to refinance current debt or for acquisition,
construction or remodeling of capital Improvement projects that cannot be
funded from current revenue sources or in such cases wherein it is more
equitable to the users of the project to finance the project over its useful life.
C. The useful life of the asset or project generally must exceed the payout
schedule of any debt the City assumes.
D. The City will analyze funding alternatives to minimize the cost impact of debt
structures on the taxpayers or ratepayers.
E. The outstanding debt will be reexamined periodically to determine whether an
economical advantage exits for refinancing the outstanding debt given changes
in the interest rate and bond market. As a general rule, the present value
savings of a particular refunding should exceed 5% while maintaining a similar
maturity schedule to the original debt.
2. Type and Structure of Debt:
A. Any legally allowable debt may be used for financing capital improvements; this
includes, but is not limited to, short-term and long-term debt, general obligation
and revenue debt, fixed and variable rate debt, lease-backed debt, conduit
issues, and taxable debt. The use of zero coupon bonds, capital appreciation
bonds, deep discount bonds, and premium bonds may be considered.
B. The City may consider the use of credit enhancements (letters of credit, bond
insurance, surety bonds, etc) when such credit enhancements proves cost-
effective.
C. When fiscally advisable and when consistent with contractual obligations, the
City shall lease purchase capital equipment. Generally, equipment will have a
monetary value $25,000 or more and a minimum life expectancy of three
years. The debt service on the lease purchase items shall be paid by the user
department.
2-10
5 As Approved at 8/14/18 Council Meeting
3. Issuance of Obligations
A. Selecting Service Providers:
1. The City may retain an independent financial advisor for advice on debt
structuring, the rating review process, marketing debt issuances, sale
and post-sale services and to prepare and/or review the official
statement.
2. The City may also retain independent bond counsel and disclosure
counsel for legal and procedural advice on all debt issuances.
3. As necessary, the City may retain other service advisors, such as
trustees, underwriters, and pricing advisors.
4. Any process utilized to select professional service providers in
connection with the City’s debt program shall be in conformance with
City purchasing policies, procedures and requirements.
The objectives of the process will be to:
a. Promote competition
b. Be as objective as possible
c. Incorporate clear and rational selection criteria
d. Be independent of political influence
e. Be perceived as fair by the respondents
f. Result in a cost-effective transaction
g. Result in the selection of the most qualified firm
h. Eliminate conflict of interest
B. Method of Sale
1. Competitive Sale. The City will generally seek to issue its bond
obligations in a competitive sale. Other methods may be used if it is
determined that such a sale method will not produce the best results for
the City.
2. Negotiated Sale. The City may elect to sell its bond obligations through
a negotiated sale. This method will usually be considered when the
bond issue is refunding a prior issue or there is a unique or unusual
component to the bond issue.
3. Private Placement. When determined appropriate, the City may elect to
sell its debt obligations through a private placement or limited public
offering.
C. Maturity of the debt
1. Bonds will generally not have more than a thirty-year duration.
2. Lease Purchase debt will generally not have more than a five-year
duration.
4. Post-Issuance Compliance
A. In order to comply with federal tax laws and maintain the tax-exempt status of
certain municipal debt issues, Post-Issuance Compliance monitoring is
required at regular intervals as follows:
1. Identification of debt-financed facilities and ongoing tax requirements -
at time of issue, including a review of tax certificate executed at closing
2. Qualified use of bond proceeds – ongoing
3. Qualified use of facilities financed with debt proceeds - ongoing by
monitoring discussions at staff meetings
4. Arbitrage yield restriction and rebate – annually as soon as bank
statements containing the last day of the bond year are available
5. Maintenance of bona fide debt service fund – recalculate sinking fund
deposit requirements semi-annually after each interest payment date
2-10
cont’d
6 As Approved at 8/14/18 Council Meeting
6. Continuing Disclosure documents other than Significant Events and
Notices to Bondholders – annually by due dates through EMMA
Dataport
7. Significant Events – upon occurrence through EMMA Dataport
8. Notices to Bondholders – upon occurrence of an event requiring notice
B. Procedures for Ensuring Timely Compliance
1. The Finance Director (or designee) will review project invoices
presented for payment from bond proceeds and authorize payment if
use of proceeds is proper.
2. The Finance Director (or designee) will participate in staff meetings
where discussions are held regarding use of debt-financed facilities.
3. The Finance Director (or designee) will calendar all bond year-ends and
coordinate transmission of bank statements and other arbitrage-related
documents with the outside arbitrage consultant within one month of the
bond year-end.
4. The Finance Director (or designee) will re-calculate monthly sinking
fund deposit requirements semi-annually after each interest payment,
and annually after each principal payment.
5. The Finance Director (or designee) will consult with the City’s
Disclosure Counsel, as needed, regarding disclosure of Significant
Events.
C. Procedures Reasonably Expected to Timely Identify Noncompliance
1. The Finance Director (or designee) will review the Continuing
Disclosure Checklist for upcoming due dates at the beginning of each
calendar quarter.
2. The Finance Director (or designee) will send required continuing
disclosure documents to the City’s Disclosure Counsel for review and
approval before filing through the EMMA Dataport.
3. Continuing disclosure due dates will be calendared by the Finance
Director and by the designee, as a backup reminder.
4. The annual financial statement audit will include review by external
auditors of use of debt proceeds, debt service accounts and payments,
and review of minutes of official meetings.
D. Procedures for Ensuring Timely Correction of Noncompliance
1. When noncompliance has been identified, the Finance Director will
promptly provide required documents or consult with Disclosure
Counsel, Bond Counsel or other outside specialists as needed. If a
possible violation of the tax rules is identified, the Finance Director will
consult with counsel to determine if a “remedial action” should be taken
under the Treasury Regulations or if a closing agreement request
should be submitted to the Internal Revenue Service under the
Voluntary Closing Agreement Program. The City Manager and Council
will be notified to take additional steps, if necessary, to timely correct
the noncompliance.
2. Upon receipt of any correspondence from, or opening of an
examination of any type with respect to tax-exempt debt issued for the
benefit of the City, the Finance Director will promptly notify the City
Manager and consult with outside counsel as necessary to respond to
the IRS.
2-10
cont’d
7 As Approved at 8/14/18 Council Meeting
E. Recordkeeping Requirement and Records Retention
All relevant records and contracts shall be maintained in retrievable paper or
electronic format for the term of the debt plus a minimum of three years. The
term of the debt shall include the term of all debt which refunds the original new
money issue, including debt issued to refund debt in a series of refundings.
Records required to be maintained include:
1. Basic records relating to the debt transaction, including the debt transcript
of proceedings and other relevant documents delivered to the City in
connection with the issuance and closing of the debt transaction.
2. Documents evidencing expenditure of debt proceeds, including but not
limited to:
a) Construction contracts
b) Purchase orders
c) Invoices and applications for payment
d) Trustee requisitions and payment records
e) Documents related to costs reimbursed with debt proceeds, including
related issuer resolutions
f) Records identifying the assets or portion of assets financed or
refinanced with the debt proceeds
g) A final schedule of property financed by the debt and final allocation of
debt proceeds
3. Documentation evidencing the use of debt-financed property, including
records of lease or sale of debt-financed property for public or private
purposes, and any change in use of debt-financed property from its original
intended purpose.
4. Documentation evidencing all sources of payment or security for the debt.
5. Documentation pertaining to investment of debt proceeds, including but not
limited to:
a) Purchase and sale of securities
b) SLGs subscriptions
c) Yield calculations for each class of investments
d) Actual income received from the investment of proceeds
e) Investment agreements
f) Trustee statement
g) Arbitrage rebate calculations and reports
2-10
cont’d
Enterprise Funds. It is a policy of the City Council that all Enterprise Fund operations
shall be self-supporting, and shall pay administrative and other appropriate service
charges to General Fund Operations for support at a level determined by the City
Council.
2-11
Enterprise Fund Transfer Payment. It is a policy of the City Council that the specific
enterprise operations designated by the City Council shall annually transfer to the
General Fund an amount determined appropriate to be considered reimbursement in
lieu of taxes. The current rate is 5.5% of prior year gross revenues.
April 1989 policy adopted by councilmembers established this rate at 4.5% of
prior-year gross revenues. This proportionate rate was adopted to
accommodate growth and replaced prior years' policy of a prescribed dollar
contribution. Other than the exceptions noted below, the rate of 4.5% remained
in effect until the City Council adopted the amended rate of 5.5% in September
2-12
8 As Approved at 8/14/18 Council Meeting
2005.
Upon adoption of the Gas Strategic Plan in fiscal year 1995/96, the Council
agreed to replace the Gas Support contribution with a franchise fee from natural
gas customer accounts payable to the General Fund. This, in combination with
the Gas dividend, offered the General Fund the same level of support as fiscal
year 1995/96. The Gas System Dividend will be 50% of the Gas System Net
Income less Bond Interest Earnings, but no less than a $1,700,000, plus a
PILOT (Payment in Lieu of Taxes) fee of at least $508,720. Such PILOT fee will
be paid by the Gas Franchise Fees to offset such PILOT payment.
In September 2000, with the adoption of the 2001/02 Annual Operating Budget,
the City Council expanded this policy, which had previously been imposed only
on the utility enterprises, to include an annual payment in lieu of taxes from the
Marine and Airpark Fund. In FY 2009 the Parking Fund began paying the
PILOT.
2-12
cont’d
General Fund Unappropriated Retained Earnings. It is a policy of the City Council
to maintain a General Fund reserve equal to 8% of the subsequent year's budgeted
expenditures as a contingency fund to meet unanticipated financial needs. Should
funds in excess of 8% be available in any fiscal year, these funds shall be identified as
available, and may be appropriated by the Council for specific Capital Improvement
Projects or other one-time needs.
In addition, the City Council will maintain an additional General Fund reserve equal to
½% of the subsequent year’s budgeted expenditures to fund unanticipated retirements
of General Fund long-term employees during the given fiscal year. Any appropriations
approved by the City Manager during the year, for this purpose, will be noted in the
City Manager’s quarterly budget report.
2-13
Interfund Administrative Charge. It is a policy of the City Council that an allocation
shall be made annually distributing the costs for administrative support departments
among all operating departments. This distribution shall be proportionately based on
the operating department's annual budget, and shall not be charged to General Fund
departments.
Upon adoption of the Gas Strategic Plan in fiscal year 1995/96, the Council
agreed to maintain the same charge for administrative support from the Gas
Fund for fiscal year 1995/96 which will be increased annually by estimated the
cost of salary increase index (fiscal year 2001/02 - 5%).
Beginning in fiscal year 2001, the City Council approved an adjustment to the
Gas Fund charge increasing the charge by $325,000 over the computed amount
to bring the Gas Fund more in line with the proportionate amount calculated in
the same manner as the Other Enterprise Funds.
2-14
Interfund Other Service Charges. It is a policy of the City Council that the cost of
services provided to Enterprise Fund Departments by General Fund Departments shall
be charged to, and paid by the Enterprise Fund.
2-15
9 As Approved at 8/14/18 Council Meeting
Investment Policy.
1. Scope
This statement of investment policy and guidelines applies to all investments of the City's
pooled cash, which includes cash and investment balances of the following funds:
• General
• Special Revenue
• Debt Service
• Capital Projects
• Enterprise
• Internal Service Funds
• Fiduciary Funds
The policies set forth do not apply to the non pooled cash investments of the Pension and
Deferred Compensation Funds of the City of Clearwater, deposits for defeased debt, or
assets under Bond Trust Indenture Agreements.
2. Investment Objectives
A. Safety of principal is regarded as the highest priority in the handling of
investments for the City. All other investment objectives are secondary to the
safety of capital. Each investment transaction shall seek to first ensure that capital
losses are avoided.
B. The City's investment strategy will provide sufficient liquidity to meet the City's
operating, payroll and capital requirements. To accomplish this the portfolio will
be "laddered" with monthly maturities except for those months in which significant
Ad Valorem taxes are received. To the extent possible, the City will match its
investments with anticipated cash flow requirements. Unless matched to a
specific cash flow requirement, the City will not directly invest in securities
maturing more than 15 years from the date of purchase. Also, unless specifically
matched against a debt or obligation not more than 15% of the portfolio will have
a maturity greater than 10 years.
C. The City's investment portfolio shall be designed with the objective of attaining a
market rate of return throughout budgetary and economic cycles, taking into
account the City's investment risk constraints and the cash flow characteristics of
the portfolio.
3. Performance Measurement
The benchmark yield for the operating portfolio will be the weighted average yield
determined by using the following maturity distribution and the related U.S. Treasury
yields. Treasury yields are considered the benchmark for riskless investment transactions
and, therefore comprise a minimum standard for the operating portfolio's rate of return.
The investment program shall seek to augment returns above this threshold, consistent
with risk limitations identified herein.
Average Treasury Rates Percentage Distribution
Overnight rate 15%
3 month Treasury Bill rate 15%
6 month Treasury Bill rate 15%
1 year Treasury Bill rate 15%
3 year Treasury Note rate 15%
5 year Treasury Note rate 15%
10 year Treasury Note rate 10%
Total 100%
Weighted average maturity of benchmark 2.46 years
2-16
10 As Approved at 8/14/18 Council Meeting
4. Prudence and Ethical Standards
The standard of prudence to be applied by the investment officer shall be the "Prudent
Person" rule, which states: "Investments shall be made with judgment and care, under
circumstances then prevailing, which persons of prudence, discretion and intelligence
exercise in the management of their own affairs, not for speculation, but for investment,
considering the probable safety of their capital as well as the probable income derived."
The "Prudent Person" rule shall be applied in the context of managing the overall
portfolio.
5. Authorized Investments
The City shall limit investments, as authorized in Florida Statutes to:
A. Direct Federal Government obligations. Investments in this category would
include but not be limited to the following: United States Treasury Bills, Notes and
Bonds, and securities issued by the Small Business Administration, Government
National Mortgage Association (Ginnie Mae), Veterans Administration, and
Federal Housing Administration.
B. Federal Agencies and instrumentalities. Investments in this category would
include but not be limited to the following: obligations of the Federal Home Loan
Banks System (FHLB) or its distinct banks, Financing Corporation (FICO), the
Federal Farm Credit Bank, Federal National Mortgage Association (Fannie Mae),
Federal Home Loan Mortgage Corporation (Freddie Mac), Student Loan
Marketing Association (Sallie Mae), Financial Assistance Corporation and Federal
Agriculture Mortgage Corporation (Farmer Mac).
C. U.S. Securities and Exchange Council registered money market funds with the
highest credit quality rating from a nationally recognized rating agency.
D. Interest-bearing time deposits or savings accounts, in a qualified Public
Depository as defined in s. 280.02 Florida Statutes.
E. Debt issued by the State of Florida or any political subdivision thereof including
pools.
F. Securities of, or other interests in, any open-end or closed-end management-
type investment company or investment trust registered under the Investment
Company Act of 1940, 15 U.S.C. ss. 80a-1 et seq., as amended from time to
time, provided that the portfolio of such investment company or investment
trust is limited to obligations of the United States Government or any agency or
instrumentality thereof and to repurchase agreements fully collateralized by
such United States Government obligations, and provided that such investment
company or investment trust takes delivery of such collateral either directly or
through an authorized custodian.
G. Repurchase Agreements and reverse repurchase agreements collateralized by
securities otherwise authorized in this policy.
H. The Local Government Surplus Funds Trust Fund or any intergovernmental
investing pool authorized pursuant to the Florida Interlocal Cooperation Act as
provided in s. 163.01 Florida Statutes.
I. Commercial paper of prime quality of the highest letter and numerical rating as
provided for by at least one nationally recognized rating service.
2-16
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11 As Approved at 8/14/18 Council Meeting
6. Maturity and Liquidity Requirements
A. The City will maintain a forecast of expected cash outflows and inflows by major
categories. For months that the outflows exceed inflows the City will have
investments maturing that month in excess of the forecasted deficits.
B. The City’s intention is to keep the weighted average maturity to three years or
less. Due to market conditions and cash needs the average maturity may
temporarily be greater than three years but no greater than five years.
7. Portfolio Composition, Risk and Diversification
Assets held shall be diversified to control risk of loss resulting from over-concentration of
assets in a specific maturity, issuer, instrument, or dealer/broker, through which these
instruments are bought and sold. The following maximum limits apply to the portfolio:
Maturity date 10% Specific instrument 8%
Specific issuer 40% Specific dealer/broker 33%
Commercial paper 25% Collateralized Mortgage Obligations
and Real Estate Mortgage
Investment Conduits 33%
Diversification strategies within the established guidelines shall be reviewed and revised
periodically as necessary by the Investment Committee.
8. Authorized Investment Institutions and Dealers
A. Banks - Certificates of deposit purchased under the authority of this policy will be
purchased only from Qualified Public Depositories of the State of Florida as
identified by the State Treasurer, in accordance with Chapter 280 of the State
Statutes.
B. Broker/Dealer Approvals and Limitations - Time, practicality, and general
business constraints limit the number of investment relationships which can be
managed on a regular basis. In most cases, normal investment activity will be
limited to no more than ten dealer relationships. A broker/dealer list will be
established by the Finance Director or designee. This list will be presented to the
Investment Committee for approval. This list will be updated as needed and
approved by the Investment Committee.
9. Third-Party Custodial Agreements
All securities shall be held by a third party safekeeping company. All purchases by the
City under this policy shall be purchased using the "delivery versus payment" procedure.
For all purchases and sales of securities the third party custodial will require the approval
of two individuals authorized by the Finance Director.
10. Master Repurchase Agreement
All approved institutions and dealers transacting repurchase agreements shall be
covered by a Master Repurchase Agreement. All repurchase agreement transactions
shall adhere to the requirements of the Master Repurchase Agreement.
11. Bid Requirements
After the Finance Director or designee has determined the appropriate maturity based on
cash flow needs and market conditions and has selected one or more optimal type of
investment, the security in question shall, when feasible and appropriate, be
competitively bid. Competitive bids or offerings shall be received from at least three
dealers/brokers on all sales or purchases except in situations where:
2-16
cont’d
12 As Approved at 8/14/18 Council Meeting
A. The security involved is a ‘new issue’ and can be purchased ‘at the auction.’
B. The security has a fixed "postal-scale" rate.
C. The security involved is available through direct issue or private placement.
D. The security involved is of particular special interest to the City and dealer
competition could have an adverse impact with respect to the price and
availability to the City.
It is also realized that in certain very limited cases the City will not be able to get three
quotes on a certain security. For those cases the City will obtain current market prices
from one of the following to determine if the transaction is in the City's best interest:
A. Bloomberg Information Delivery System.
B. Wall Street Journal or a comparable nationally recognized financial publication
providing daily market pricing.
C. Daily market pricing provided by the City's Custody Agent or their corresponding
institution.
12. Internal Controls
The Finance Director shall establish and monitor internal and procedural controls
designed to protect the City's assets and ensure proper accounting and reporting of the
transactions related thereto. The internal controls will be designed to prevent losses of
funds which might arise from fraud, employee error, misrepresentations by third parties,
or imprudent actions by employees of the City. All buy and sell communications with the
third party safekeeping company will be signed by two individuals authorized to make
investment decisions. The internal controls developed under this policy shall be reviewed
by the independent auditors as a regular part of their audit of the City.
The Finance Director shall establish an Investment Committee that meets on a regular
basis for the purpose of reviewing investment transactions, approving brokers/dealer
changes and other investment activities. The Investment Committee members will be
the Finance Director, Assistant Finance Director, Accounting Manager and any other
City staff members appointed by the Finance Director.
13. Reporting
The Finance Director or designee shall report on at least an annual basis the following
information on the City's investments:
A. Securities by class/type.
B. Book Value
C. Market Value
D. Income Earned
14. Continuing Education
The members of the Investment Committee will complete no less than 8 hours of
continuing educational opportunities on investment practices each fiscal year. The
members of the Investment Committee will have sufficient knowledge and education to
invest in any and all of the securities listed above.
2-16
cont’d
Maintenance of Capital Plant and Equipment. It is a policy of the City Council that
the City’s budget will provide adequate funding for maintenance of capital plant and
equipment and the funding for their orderly replacement.
2-17
13 As Approved at 8/14/18 Council Meeting
Review of Annual Audit. It is a policy of the City Council to have a Certified Public
Accounting firm perform an annual audit on all of the City’s funds. A work session will
be held each year within 60 days of the release of the annual financial audit of the
City. At that time, the overall financial condition of the City and its enterprise funds will
be reviewed.
2-18
Review of Rate Schedules. It is a policy of the City Council to review rate schedules
of the City of Clearwater enterprise funds at a minimum of every 5 years. The purpose
of the review will be to assure rates are set in a manner to be fair and equitable while
covering the City’s cost to provide the service.
Unrestricted utility fund balances (working capital reserves) should be maintained
pursuant to the most recent rate review or at a level equivalent to at least six months’
operation and maintenance expense, whichever is greater, and three months for all
other enterprise and internal funds
2-19
Road Millage. In order to maintain the City’s sidewalks and streets (including curbs
and bridges), a road millage will be designated as a part of the annual budget process.
Priorities will be determined first on functional and safety considerations. Road Millage
may be used for aesthetic repairs.
2-20
Special Events Fee. The Special Events Committee will review applications for use of
City beaches, sidewalks, outdoor recreation open space and rights-of-way. Sponsoring
organizations will be responsible for the costs of all City services needed in
conjunction with the events unless they are City sponsored or co-sponsored events.
The City Council may waive all or a portion of fees and related charges for City
sponsored or co-sponsored events, including, but not limited to Jazz Holiday, July 4th,
Turkey Trot, and Martin Luther King Parade. There shall be an annual review of City
sponsored/co-sponsored events during the budget process. An agenda item
confirming co-sponsorship and waiver of fees for those to be submitted in the budget
will be brought for City Council acceptance in March of each calendar year. All items
accepted by the Council are then to be included in the appropriate department’s
budget. Only after the item is passed as part of the approved budget is the item
considered to be funded.
In the event additional monies are requested beyond what is included in the approved
budget, City Council approval will be needed before said additional funds are
appropriated.
2-21
14 As Approved at 8/14/18 Council Meeting
CITY COUNCIL POLICY
CITY COUNCIL
Annual Events. Newly elected Councilmembers and Councilmembers-elect shall be
invited to the annual Phillies dinner and advisory board appreciation event.
3-1
Citizen Inquiries - Responses.
A. Generally responses should be in the same form as received, i.e. letter with
letter. However, when deemed to be more appropriate a different form may be
used.
B. Inquiries addressed to a specific Councilmember will be responded to by that
Councilmember.
C. Inquiries addressed to the whole Council, whether in one letter or duplicate
letters to all Councilmembers, will be answered factually by the Mayor using
language that indicates that he or she is responding for the Clearwater City
Council. When needed, responses will be brought to Council for direction,
prior to being sent. Mail will be routed to the appropriate staff to draft a
response. Individual Councilmembers are not precluded from responding
individually to express their opinion.
D. Inquiries received which are not specifically addressed to the Council or its
members will be answered by the City Manager or designated staff member.
E. Inquiries and responses will be distributed, via e-mail, to all Councilmembers
F. Form letters or emails may be acknowledged but will not require a customized
response.
3-2
Council Travel. Payment for travel expenses shall be in keeping with the charter and
the City’s travel code. Specific amounts of the Council’s travel budget shall be
allocated to each Councilmember during annual budget preparations. At the end of
each fiscal year Councilmembers shall provide a report detailing that year’s travel.
Council approval shall be obtained prior to any member exceeding their annual
allocation for travel.
3-3
Departing Councilmembers’ Gifts. Departing gifts shall be chosen in consultation
with the outgoing members. The value of the gifts shall be a maximum of $300 for one
full term, $500 for two full terms and $600 for more than two full terms.
One full term. Plaque, nameplate, letter, pewter tray with seal, Council pictures.
Two full terms. Plaque, nameplate, letter, City watch, Council pictures.
Three or more full terms. Plaque, nameplate, ring, collage or album, tray with
seal, letter, gag gift, caricature.
3-4
15 As Approved at 8/14/18 Council Meeting
Distribution of Council Correspondence. All correspondence to the Mayor and the
Councilmembers arriving at City Hall received pursuant to the law or in connection with
the transaction of official business by the City of Clearwater shall be distributed as
follows:
When needed, e-mails will be forwarded to all Councilmembers by the Council
Assistant. Councilmembers will receive the original of hard copy items individually
addressed to them, whether anonymous or not. Council e-mails and other
correspondence will be available on the City’s website through the electronic
document management system. Mail will be delivered to the Council once per
week, or as needed.
Other anonymous letters and suggestions will not be distributed but will be
maintained in the City Manager's Office.
Publications and items of considerable length (such as petitions and agenda
materials for other boards) will not be distributed. These items, along with other
routine correspondence not requiring responses will be noted on a weekly read
file and available through the electronic document management system.
Unless otherwise directed, correspondence with the words similar to “Personal,”
“Confidential,” or “For the Addressee Only” will be delivered unopened to the
addressee. If such correspondence is determined to be related to City business,
the receiving Councilmember is to forward it to the Council Assistant for
distribution.
The City Manager will discuss with the Mayor malicious mail.
All e-mails received by the Councilmembers in their individual city email account
will be forwarded to the Council Assistant for distribution, or email forwarding, in
the same manner as other "hard copy" mail. The following emails will not be
forwarded: SPAM/JUNK, broadcast general information or solicitation or items
pertaining to scheduling.
Emails or "hard copy" mail relating to city business, sent directly to a
councilmember's home or private business, or hand delivered, shall also be
forwarded to the Council Assistant for distribution.
3-5
Fund Raisers. It shall be at the discretion of individual Councilmembers whether or not
to accept invitations to fund raising activities. Expenses incurred by acceptance are not
reimbursable. City employees will not attend these functions as City representatives.
3-6
Information Available to Public and Press. All material prepared by the City
Manager and City Attorney for the Council shall be provided to the press and to the
public via the Official Records and Legislative Services Department.
3-7
Proclamations. The City of Clearwater will consider issuing proclamations from all
segments of the community without regard to gender, race, ethnicity or handicap.
Proclamations will not be issued to individuals, companies, “for profit” organizations,
profit making agencies, political organizations or religious organizations, except for
significant anniversary events of 50 years or 100 years.
3-8
16 As Approved at 8/14/18 Council Meeting
Representation on Boards. Councilmembers are asked to serve on various regional
and governmental boards. Boards/Committees may be added or deleted from time to
time. These duties should be distributed equitably among the Councilmembers.
Appointment of Councilmembers to these boards shall be evaluated annually in April.
Whenever possible, a Council representative on a board or committee will receive
Council input prior to taking a position regarding issues coming before that board. The
representing Councilmember shall vote in accordance with the stated position of the
majority of the Council. If it is not possible to obtain Council input the Councilmember is
to act to the best of their ability in the city's interest and with prior Council positions in
mind.
Periodic review of the actions of these boards and committees is desirable and the
representing Councilmember should coordinate these reports.
3-9
Resolutions. An individual Councilmember may request a resolution. However, prior
to preparation of the resolution, there must be a majority of the Councilmembers
agreeing to do so.
3-10
Staff Projects. A Councilmember shall request staff research or projects only through
the City Manager or City Attorney in accordance with the City charter. Any request that,
in the determination of the City Manager or City Attorney, will take longer than 8 hours
must be approved by a majority of the Council. The results of such research or
projects, except for legal advice to an individual, will be shared with all
councilmembers.
3-11
Strategic Direction/Planning. Prior to June 1st of each year and prior to the
development of the City Manager’s proposed budget, the City Council shall meet in a
strategic planning session(s) to review the five-year financial forecast and update as
necessary, the City’s Vision, Mission and Strategic Direction (Goals). From these
documents a five-year strategic plan will be updated.
3-12
Televising Council Meetings. All regular City Council meetings and work sessions
will be televised on C-View. Efforts will be made to also televise specially scheduled
meetings and work sessions. However, there will be times when this is not possible, or
practical. No closed-door attorney/client or bargaining sessions will be televised.
3-13
17 As Approved at 8/14/18 Council Meeting
CITY COUNCIL POLICY
CITY EMPLOYEES
Participating in Auctions. City employees and Councilmembers are prohibited from
participating in City auctions involving the sale of property which has either been
abandoned and confiscated, acquired with public funds, or which has otherwise come
into the possession of the City. They may attend as spectators but may not bid on or
purchase items offered for sale. All actions that would lead to perceptions of
participation, such as a family member bidding on items, should be avoided. It is the
intent of this policy to avoid giving "insider" information or a profit motive to employees
or their families in the disposal of surplus items.
4-1
Reimbursement of Certain Meal Events. The City Manager will determine when it is
appropriate to reimburse city employees for meal costs associated with recognition,
award and business related functions.
4-2
18 As Approved at 8/14/18 Council Meeting
CITY COUNCIL POLICY
GENERAL ADMINISTRATION
Application Fee Waivers. Generally, building permit, occupational license, plan review
and zoning-related application fees will not be waived except for City projects and other
governmental agencies. If staff believes special conditions exist, such requests may be
brought to the Council for consideration. Application fee waivers for governmental
agencies will include all governmental projects including those in which the
governmental agency is leasing property from a third party, providing the governmental
agency is the entity which applies for and obtains the permit. PACT (Ruth Eckerd Hall)
will be considered a governmental entity when considering application fee waivers.
NOTE: The City Clerk's research regarding waiver of application fees shows the
following:
Chi Chi Rodriquez Youth Foundation - no waivers
Center Foundation - waive building permit fees
Pinellas County - waived building permit fees for work done by County forces; waive
fees for variance application
State of Florida - waive fees for variance applications
Clearwater Ferry - waive building permit fees
St. Petersburg College - refunded building permit fee for parking lot
Skye Lane Properties, LLC (Heritage Insurance) – waived permit, application,
inspection, and other fees via Resolution 14-03
Pinellas Suncoast Transit Authority – waived plan review and permitting fees
(council direction on 7/30/18)
None of the above includes waiving impact fees.
5-1
Block Party Insurance Requirement. In order to insulate the City from claims resulting
from activities held in the public right-of-way in City-permitted block parties, block parties
shall be administered using a two-tier approach, which differentiates between smaller
scale block parties that do not include amusements or alcohol in the right-of-way (Tier 1
block parties) from those larger-scale parties that include high risk components and
activities (i.e., alcohol zones, fire pits, inflatable amusements) (Tier 2 block parties). Prior
to the issuance of a block party permit, block parties categorized as Tier 2 shall be
required to demonstrate that they have general liability insurance in the amount of
$1,000,000 for which the City is listed as additionally insured.
5-2
Bright and Beautiful. In order to maintain and enhance the image of Bright and
Beautiful Clearwater, the Council supports staff in enhanced solid waste recycling and
conservation projects, tightening and increasing enforcement of codes (i.e. fence
landscaping, prohibition of banners, lot clearing, etc.). Staff is also directed to place a
greater emphasis on and coordinate aesthetic consideration on site plans and other
development review (i.e. placement of dumpsters, fencing of dumpsters, property
landscaping and landscaping of parking lots including perimeter plantings). Litter
cleanup and "adopt a street or park" programs are encouraged. Educational and
incentive programs for both City staff and the public addressing this issue should be
developed.
5-3
19 As Approved at 8/14/18 Council Meeting
Citizens to be Heard Response. When appropriate, responses will be sent to those
addressing the Council under Citizens to be Heard regarding Items not on the Agenda.
5-4
City Sponsored Events. Events sponsored by the City, such as Volunteer Recognition,
Advisory Board Appreciation, etc., shall be held within the City limits of Clearwater,
unless the cost for a venue outside the City limits is at least 20% less.
5-5
Copyright Fees. The City shall pay the necessary copyright fees to ASCAP for those
concerts in the bandshell co-sponsored by the City. The City shall provide a monthly
report to ASCAP regarding activities in the bandshell and ASCAP shall be responsible
for collecting the fees from bands participating in non-City sponsored programs. In
addition, the City shall pay the necessary copyright fees to MPLC for showing movies at
various recreation centers.
5-6
Courtney Campbell Causeway (State Road 60) Welcome Signage Program.
1. Welcome signs are intended to greet visitors to Clearwater and share
accomplishments of national or international significance (awards) or significant
historical events that have been a part of the City of Clearwater.
2. Florida Department of Transportation (FDOT) has permitted two welcome signs to
be installed by the City on FDOT right-of-way on the north side of Courtney
Campbell Parkway (State Road 60): 1) a general welcome to City of Clearwater sign
and 2) a sign dedicated to recognizing a special award of national or international
significance or a Clearwater historical event.
3. The Parks and Recreation Department is responsible for the coordination of the
Courtney Campbell Parkway (State Road 60) Welcome Signage Program.
4. Installation of a welcome sign will be processed in accordance with the following:
A. Requests for a welcome sign shall be submitted in writing to the Parks and
Recreation Department by filling out a Courtney Campbell Parkway (State Road
60) Welcome Signage Program Application. The form is available online at
www.myclearwater.com, or by calling the Parks and Recreation Department.
B. The award to be recognized by the welcome sign must be of national or
international significance.
1. Accomplishment of national or international significance is an achievement or
completion of an award granted to an organization or to the City in
recognition of being the best in the entire nation or the best involving two or
more countries that promote and enhance the image of Clearwater.
2. Significant Clearwater historical events are defined as events that are unique
to Clearwater and add to the overall understanding of the City and its history.
C. If approved, a welcome sign may be allowed for a period not to exceed two
years.
D. Requests for a welcome sign may be made by a group or an individual, however
written approval to use the event or award to be recognized must be secured
from the governing body being represented. In cases where the request is for a
group or organization no longer in existence but historically significant to the City,
no approval is necessary.
E. Welcome signs, if approved, will be designed, constructed and installed by the
Parks and Recreation Department. Requesting group is responsible to reimburse
the City for all direct expenses (approximately $1,000 - $2,000).
F. The City Council must approve all welcome sign application requests.
G. The Courtney Campbell Parkway (State Road 60) Welcome Signage Program is
dependent on continued permitted approvals given by FDOT. If for some reason
FDOT does not approve permitting the welcome signs, this policy becomes void
5-7
20 As Approved at 8/14/18 Council Meeting
and any existing signage would be removed.
Economic Development Incentive Policy. Economic Development incentives should
be carefully crafted in a transparent manner to ensure that they yield a net benefit to City
residents. The following principles should be considered when making determinations:
A. The targeted investment would not occur without the incentive;
B. The investment should generate new economic activity in the area;
C. Each project should be evaluated on a case-by-case basis using the guiding
principles articulated in the City’s Economic Development Strategic Plan;
D. The Economic Development and Housing Department is the lead department
for the development, evaluation, negotiation, measurement and reporting of
City-wide economic development incentives.
1. Incentive Types
Incentives may be established as Programs or Tools and may provide financial and
non-financial inducement to the business, property owner, or developer of a qualifying
project:
A. Incentive Programs are established by Ordinance or Resolution and require the
development of published guidelines and application for submittal by a
qualifying project:
1. Qualifying criteria and disclosure of the methods by which the Economic
Development and Housing Department will evaluate, negotiate,
measure and report information contained within the application must be
established within the guidelines.
B. Incentive Tools are those activities and resources provided by, or on behalf of,
the Economic Development and Housing Department and are not subject to an
application process. The use of financial incentive tools are subject to Council
approval.
C. Financial Incentives must identify the source of funds, as may be permitted by
law and may be available from time to time, which may include, but are not
necessarily limited to:
1. Ad valorem tax exemption as permitted by statute;
2. The limited waiving, crediting, or payment of fees;
3. Reduced rent on city-owned property;
4. Grant or loan-to-grant agreements;
5. Low-interest loans;
6. Land exchange of comparable appraised value;
7. Financial support of infrastructure improvements;
8. Matching grant funds or in-kind services;
9. Funds for programs or services;
10. Brownfield assessment funds;
11. Public utility tax exemption;
12. Local match of state authorized programs.
D. Non-financial incentives may include:
1. Expedited planning review and approval process;
2. Access to Economic Development services;
3. Other city services, as appropriate.
2. Creation or Establishment of Incentive Programs and Tools
From time to time, Incentive Programs or Tools may be created or established. Such
Programs or Tools must include:
A. Statement demonstrating how the proposed incentive relates to the broader
economic development strategies including desired development areas
identified in the Economic Development Strategic Plan, Adopted Long Range
Plans, Consolidated Plan, and others;
5-8
21 As Approved at 8/14/18 Council Meeting
B. Desired goal of the program or tool;
C. Identification of qualifying criteria which may include, but are not limited to:
1. Minimum number of new full-time city positions created by the business
as a result of relocating to or expanding in the city;
2. Minimum average annual wage of the new employees of the business
located in the city;
3. Minimum threshold of capital investment in the city;
4. Geographic boundaries in which the Program or Tool may be applied;
5. Sales factor;
6. Industry type including Primary Targeted Industry, if applicable.
D. Methods of evaluation:
1. Quantitative Measures:
a. Economic, Fiscal and Incentive Impact Analysis;
b. Jobs created/retained;
c. Average wage of new jobs;
d. Capital investment generated;
2. Qualitative measures which identify the achievement of specific
community goals.
E. Reporting requirements and maintenance of records:
1. Where applicable, economic development incentives approved by
Council will be reported as per Council, State and Federal reporting
requirements.
F. For Financial Incentives:
1. The method of payment for performance and recapture of funds for
failure to perform.
3. Funding Sources
Funding for economic development incentives may be obtained from the General Fund
through the annual budget process or from time to time from any allowable source,
including:
A. General Fund Reserve;
B. Central Insurance Fund;
C. Enterprise Fund;
D. Federal, State, or County government grants or allocations;
E. Other monies set aside, as appropriate.
4. Definitions
A. “Project” means company, applicant, developer, property or the combination
of some or all which is evaluated for consideration of incentives.
B. “Desired Development Area” means certain geographic region(s) of the City
of Clearwater where development is preferred.
C. “Average Annual Wage” means statistical yearly average wage being paid or
proposed wage to be paid by prospective company.
D. “Primary Targeted Industry” means the seven (7) industries identified by the
City’s Economic Development Strategic Plan (2011) and those identified by
Enterprise Florida, Inc. or the Florida Department of Economic Opportunity
which may be subject to change from time to time.
E. “Capital Investment” means the acquisition of capital assets or fixed
assets, such as land, buildings, and equipment.
F. “Economic, Fiscal and Incentive Impact Analysis” means the calculation of the
worth of a project, business or activity to the community over a period of time
using a recognized third party analysis tool, such as “Total Impact” by Impact
DataSource, LLC.
5-8
cont’d
22 As Approved at 8/14/18 Council Meeting
Fire Lanes. The Police Department shall have primary responsibility for the enforcement
of designated fire lanes. At the discretion of the Fire Chief, Fire Department personnel
will be trained to participate in the enforcement of parking violations pertaining to fire
lanes and fire hydrants.
5-9
Renewal of Agreements. All renewals of agreements the City has with organizations or
tenants should be presented to the Council at least sixty (60) days prior to the expiration
of the original term.
5-10
Roadside Memorial Marker Program. The purpose of this policy is to establish the
guidelines for the placement of standardized roadside memorials for people that have
died as a result of a motor vehicle, pedestrian or bicycle crash within City maintained
right-of-way on segments of roadway in incorporated Clearwater.
1. The City of Clearwater, Traffic Operations Division, is responsible for the
implementation of the Roadside Memorial Marker Program.
2. The policy will apply to fatalities occurring after January 1, 2005.
3. The installation of a roadside memorial marker will be processed in accordance with
the following:
A. Requests for a memorial marker shall be submitted in writing to the Traffic
Operations Division of Engineering by filling out a Memorial Marker Request
Form. The form will be available online from the City’s website or by calling the
City. Requests may be made by immediate family members or friends.
Requests from friends require written approval from the deceased’s immediate
family.
B. Memorial markers will be designed, constructed and installed by the Clearwater
Traffic Operations Division. The Traffic Operations Division will be responsible
for designing the sign and ensuring proper and safe placement – the exact
location will be at the discretion of the City.
C. Memorial markers will not be allowed within the limits of active construction work
zones.
D. There shall be no activities while the memorial marker is in place that pose a
safety hazard to the public or that violates any provision of Chapter 316 of the
Florida Statutes concerning stopping, standing, parking, or obstruction of traffic
on public roads.
E. Memorial Markers will only be installed in residential areas where fatalities
occurred with the written permission of the resident whose property is abutting
the residential right of way where the memorial is to be placed.
F. The requesting citizen will be notified once the installation is complete.
G. Memorial markers will be allowed to remain in place for one year after
installation unless earlier removal is necessitated by construction activities. After
one year the sign will be removed by City forces.
H. The memorial marker shall be a 15-inch diameter aluminum sign with a white
background and black letters.
I. The sign message will state ‘Drive Safely – In memory’ and the family will have
the option of adding the deceased’s name to the sign.
J. As an option, the City can offer an alternate safety message to the ‘Drive Safely’
legend if desired by the family that would be specific to the type of crash, and as
long as it will fit on the sign. Examples could be ‘Don’t Drink and Drive,’ ‘Buckle
5-11
23 As Approved at 8/14/18 Council Meeting
Up,’ ‘Slow Down,’ etc.
K. The sign will be mounted at a height of 3.5-feet (42-inches) from the ground to
the top of the sign.
L. The applicant will incur the cost of design, construction, installation,
maintenance, and removal of the memorial marker. This cost is $300. Upon
request the sign becomes the property of the applicant.
5-11
cont’d
Special Event Street Closure Limitation. Street closures for special events shall be
limited to two (2) per calendar year requested by any one non-profit or for-profit
organization. The City of Clearwater shall be exempt from this limitation. The City shall
comply with any Florida Department of Transportation policies regarding street closures
of state roads.
5-12
Stationery. The City shall have letterhead designed by Public Communications on
which the City seal will be imprinted. Paper stock will be recyclable. Other forms in
supply will be allowed to be used until said supply is depleted.
The Vice-Mayor designation will not be identified on any of the shirts, business cards,
letterhead, or nametags with the City of Clearwater.
Exception: The Gas Division may use its logo.
5-13
Welcome Letters. Upon adoption of an Annexation Ordinance staff will prepare a letter
for the Mayor’s signature welcoming the property owner to Clearwater
5-14
24 As Approved at 8/14/18 Council Meeting
CITY COUNCIL POLICY
LAND DEVELOPMENT
Annexation Agreements. The City Manager is authorized to approve routine
annexation agreements involving one existing or proposed residences. Where a
discrepancy exists regarding land use designations, right-of-way requirements, or any
other circumstances, administrative approval is not authorized. A quarterly report of
administrative approval is requested.
6-1
Foreclosure. In order to address blighted and vacant properties within the City, the
following factors will be considered for utilization of the foreclosure process to put
properties in the hands of new owners who will care for and use the property to
promote economic development within the City.
1. All properties are considered (commercial, residential, and vacant lots).
2. Properties with mortgages are considered.
3. Properties that are occupied are considered.
4. Properties with significant code or other city liens are considered.
5. Homestead exempted properties will not be considered.
Once a property is selected and referred to the City Attorney for review, a demand
letter may be sent to the property owner requesting payment of the liens in full prior to
initiating a foreclosure action. If contact cannot be made, or payment is not received by
the date indicated in the letter, the City Attorney shall seek authorization from the City
Council to initiate a foreclosure action against the property.
6-2
Landscaping of City Roads. When landscaping is a necessary and integral part of a
City road or street improvement/construction project the landscape material shall be
selected and located based on ease and frequency of required maintenance. All such
material shall be drought resistant.
6-3
New Sidewalks. In order for new sidewalks to be installed in an existing neighborhood,
a petition is required indicating that greater than 50% of the property owners impacted
are in favor. Exceptions include when the City determines that a sidewalk is necessary
as part of a heavily used school route, or for sidewalks filling a gap between existing
sidewalks involving two or less residences.
6-4
Parks & Recreation Card to Annexing Property. Resident Parks & Recreation cards
may be obtained by petitioners for annexation upon acceptance of the application.
6-5
Petitions for Annexation. Request to be made that all contiguous parcels under the
same ownership be annexed simultaneously.
6-6
25 As Approved at 8/14/18 Council Meeting
Subdivision Monuments. New entranceway landscaping, monuments, signage, and
walls shall not be allowed within the public rights-of-way of the City of Clearwater. Such
special treatments are to be upon private property and in accordance with all
applicable codes and regulations. The owners of all existing entranceway features
occupying public property have the option to execute a Right of Way (ROW)
Beautification Revocable License Agreement with the City of Clearwater wherein
owners agree to keep all features in good repair, including signs, monuments,
landscaping, irrigation systems, flag poles, etc. Upon failure of the owners to execute
such agreement, or upon failure of the owners to repair or maintain any feature of the
site which has fallen in disrepair after notice, the Parks and Recreation Department is
to remove all such materials with the exception of trees and grass occupying the public
right-of-way.
A wooden sign with breakaway features approved by the City Engineer may be allowed
within the public right-of-way when associated with a city approved “Adopt a (fill in
name)” program, and is to be limited to a size necessary to name the sponsoring
agency in 3-inch letters. Such sign to be a maximum height of 18-inches.
6-7
Waiver/Reduction of Liens. In order to encourage (re) development of properties for
enhancement of property values and living conditions in the City, the following factors
will be considered for requests for waivers/reductions of lot clearing, nuisance
abatement, and/or unsafe structures/demolition liens.
1. Whether the violation has been brought into compliance regarding the violation
cited.
2. Whether extreme or undue hardship is shown regarding payment of the lien and/or
regarding coming into compliance with code requirements during the required time.
3. Whether there are existing code violations on other properties owned by the
violator or prospective purchaser.
4. Whether there is a development or redevelopment proposal regarding the property
which would result in improvement or upgrade of the property.
5. Whether, given such a development or redevelopment plan, it would be impractical
to take the compliance action directed by the City Council.
6. Whether payment would hinder a proposed sale of the property.
7. Whether an appraisal of the property, submitted by the applicant, demonstrates to
the City that the cost of the lien has been absorbed.
8. The amount of a lien will not be reduced below the amount representing
administrative costs incurred by the city regarding the case.
6-8
26 As Approved at 8/14/18 Council Meeting
CITY COUNCIL POLICY
LEGAL
Case Reports. The city attorney shall furnish to the city council a quarterly report of
pending litigation, identifying each case, opposing counsel, the nature of the case, and
the status of the case as of the date of the report. In addition, the city attorney shall keep
the city council and city manager advised from time to time as to significant
developments in each case.
7-1
27 As Approved at 8/14/18 Council Meeting
CITY COUNCIL POLICY
LEISURE
Ages 12 - 13 Supervised Use of City Recreation Fitness Facilities.
The following guidelines govern the use of City recreation fitness facilities by users
ages 12 and13.
1. This section shall apply to the use of fitness facilities for individuals who have
achieved the age of 12 or 13 on the day of, or prior to, the day such individual
requests such use.
2. Use of the fitness area by such person is governed by this Council policy and is
limited to instances where such person is actively, directly supervised by the
individual’s parent, legal guardian or a designated responsible adult, in a one on
one setting. Any other use of City recreation facilities by 12 and 13 year olds is
strictly prohibited.
3. A parent under this policy is defined as either biological parent or legal
guardian.
4. A responsible adult under this policy is defined as a person who has achieved
the age of 21 on the day of or prior to the date of the use and is designated by
the parent or legal guardian on the “Parental Consent and Waiver/Release of
Liability” form.
5. An acceptable level of supervision under this policy is considered to be
achieved when the parent, legal guardian or designated responsible adult is not
engaged in any other activity (i.e. working out or in conversation with another
user) during the performance and attendance of the designated youth
participant.
6. This level of supervision is designed to ensure proper focus and attention to
achieve safety standards and requirements, including proper technique,
appropriate equipment selection and use. Further, the required supervision is
designed to protect other users of the facilities.
7. City staff will monitor for compliance of this policy.
8. Both the parent, legal guardian, or designated responsible adult and individual
child must have valid access to the fitness facility by paying the appropriate
daily fee, or by securing the proper membership that allows use of the area. In
addition, the parent or legal guardian must agree to and sign the “Parental
Consent and Waiver/Release of Liability” form and identify the responsible
adult(s) who may supervise the child.
9. Staff, in its sole discretion, shall retain the right to eject any party not complying
with this policy. In addition, failure to adhere to this policy shall result in
immediate, permanent termination of the youth participant’s fitness facility use
rights.
8-1
28 As Approved at 8/14/18 Council Meeting
Amplification of Sound at City Venues. The following guidelines govern the
amplification of sound at City co-sponsored and private events held at City venues for
musical and entertainment productions.
1. Amplification of sound and in particular music for an event must end at a
specific time set by the City Manager or his designee. In general that time will
be no later than 10:00 p.m. Sunday through Thursday and no later than 11:00
p.m. on Friday and Saturday, but on certain rare occasions permitted to be held
longer.
2. Amplification of sound including music will not exceed an average of 95 decibel
or dB level measured at the house mix over a period of 30 seconds.
3. Amplification of sound during the event will be measured by a City employee or
City contractor by using a sound-level meter which is an instrument that
includes a microphone, amplifier, RMS detector, integrator or time average,
output or display meter and the weighting networks used to measure sound
pressure levels.
4. The City employee or City contractor will measure the sound levels for every
group performing at the event.
5. In the event a promoter or sponsor violates this policy, the City employee or City
contractor will require that the sound levels be adjusted to meet the standard. If
after the first warning the volumes are not adjusted to meet the policy, the City
employee or City contractor will personally adjust the sound level to bring in
compliance.
6. If a promoter or sponsor continues to violate this policy, then they will not be
allowed to have concerts at City venues.
8-2
Holiday Decorations. Holiday decorations along the rights-of-way to be installed or
paid for by the city will be limited to the Downtown Core, Memorial Causeway, South
Gulfview to the southern point of Beach Walk, Mandalay south of Acacia and the
business district on Sand Key.
8-3
Library Donor Naming Recognition. The following guidelines govern donor
recognition with regard to naming buildings, areas, rooms, collections, furnishings and
equipment:
1. Library building names will have geographical or functional names only and will
not be subject to availability for donor recognition. Clearwater Main Library and
North Greenwood Branch meet the policy guidelines, but John Doe Main Library
does not.
2. Naming of library internal functional areas, rooms, and major collections is the
prerogative of the City Council.
3. Collections of materials, equipment or furnishings, which are accepted as gifts
by the Library Director, and/or funded by individuals, corporations or
foundations, may be recognized by a discrete engraved plaque mounted on or
near the gift as appropriate, with the name of the donor displayed. For example,
"the John Doe collection of Illuminated Manuscripts" or "Computer Equipment
for Research Provided and Maintained by the John Doe Corporation."
4. All signs and plaques printed with names of donors will be of similar appearance
and will be consistent with the architectural design and interior decoration of the
building.
8-4
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#19-6945
Agenda Date: 11/4/2019 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Official Records & Legislative Services
Agenda Number: 7.5
SUBJECT/RECOMMENDATION:
Approve the 2020 State Legislative Agenda.
SUMMARY:
Page 1 City of Clearwater Printed on 11/3/2019
2020 State Legislative Priorities
Issues to Support
We support legislation and programs that benefit municipalities and assist in implementing services to
meet the needs of our citizens and improve their quality of life including:
• Provide full funding of the Florida State and Local Housing Trust Funds and ensure those funds
be used exclusively for housing.
• Repeal the state preemption of vacation rental property laws to allow local governments to
regulate such properties to protect the health and welfare of their residents, visitors and
businesses.
• Allow pension plans to use a more conservative mortality table than what is used by FRS.
• Preserve the statewide program that assists local governments with maintaining Spring Training
facilities.
• Establish a framework for a state water infrastructure and water quality funding program that
includes sustainable utility practices and intragovernmental coordination.
• Allow municipalities to establish smoke-free zones within the boundaries of a city park.
• Develop funding opportunities to coordinate state resiliency programs with those of local
governments.
Issues to Oppose
We oppose legislation that is detrimental to Clearwater and other municipalities including:
• Erosion of local self-government (Home Rule), a constitutional right Floridians supported in a
statewide vote 52 years ago.
• Increased regulation of, or restrictions on, municipal operations and budgeting.
• Preemption of local government’s ability to regulate Airbnb rentals, or similar marketplaces,
that allow individuals to rent out unused spaces in their homes for lodging.
• Changes to existing laws related to offshore oil drilling in the Gulf of Mexico.
• Restriction or elimination of Community Redevelopment Agencies.
• Imposed consolidation of municipal and county services.
In addition, the City will support the Florida League of Cities in pursuing its legislative priorities.
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#19-6938
Agenda Date: 11/4/2019 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Legal Department
Agenda Number: 8.1
SUBJECT/RECOMMENDATION:
Approve a Legal Services Agreement with Jay Daigneault, Esq. of Trask Daigneault, LLP, for
representation of the Community Development Board, Building and Flood Board of Adjustment
and Appeals, and Nuisance Abatement Board, and authorize the appropriate officials to execute
same. (consent)
SUMMARY:
The current Legal Services Agreement with Jay Daigneault was approved in 2013 and was
ongoing unless terminated.
Mr. Daigneault has requested to increase his hourly rate from $150.00 to $160.00. The City
Attorney believes this is a very reasonable rate for his services.
The new agreement also has a five-year term, in accordance with current purchasing
procedures.
APPROPRIATION CODE AND AMOUNT:
Funds are available in cost code 0109600-530100 to fund this contract.
Page 1 City of Clearwater Printed on 11/3/2019
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: 9298-19 3rd rdg
Agenda Date: 11/4/2019 Status: Agenda ReadyVersion: 1
File Type: OrdinanceIn Control: Legal Department
Agenda Number: 8.2
SUBJECT/RECOMMENDATION:
Adopt Ordinance 9298-19 on third 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 11/3/2019
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
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10
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13 4
5
6
7
8
11
12
13
1
2
3
4
5
6 6
5
4
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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
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821
809
815
800
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804 804
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800
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818
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815818
821
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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: 9299-19 2nd rdg
Agenda Date: 11/4/2019 Status: Agenda ReadyVersion: 1
File Type: OrdinanceIn Control: Legal Department
Agenda Number: 8.3
SUBJECT/RECOMMENDATION:
Adopt Ordinance 9299-19 on second reading, amending the future land use plan element of the
Comprehensive Plan of the city to designate the land use for certain real property whose post
office address is 1819 Audubon Street, Clearwater, Florida 33764, upon annexation into the
City of Clearwater as Residential Low (RL).
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 11/3/2019
Ordinance No. 9299-19
ORDINANCE NO. 9299-19 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 PROPERTIESY 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, 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
propertiesy, upon annexation into the City of Clearwater, as follows: Propertiesy Land Use Category
See attached Exhibit A for Legal Descriptions. Residential Low (RL) (ANX2019-06001)
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. 9298-19.
Ordinance No. 9299-19
PASSED ON FIRST READING AS AMENDED
PASSED ON SECOND READING ____________________________ AS AMENDED 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.
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
RL
RU
RL RL
RL
RL
RU RU
RU
RL
RURURURU
RL
RU RU
RL
RL RU
RU RU
WATER
RU RU
WATER
WATER
WATER
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
709
808
815
712
809
715 717
821
800
820
713
808
805
817
709
821
814
816
810
804
824
818
708
814
716
800
800
810 809
800
708
806801
713
806714
804
800
809
1003
1015 17671011
1010
1012 1860176517601010183518111826 184518201017 183410051808 18651827181418311809101017661800
1016 18451830819 821
707
804
708
817
801
708
801
818
805
709 705
820
721
704
810
992
801
815
811
809
814
805
815
704
715
712
1784179818401008
1004 180918461011
18301019
184818411819176418291858183318001842182010111825 18471828176810151810183010041005
1020
1001-Not to Scale--Not a Survey-Rev. 9/17/2019
PROPOSED FUTURE LAND USE MAP
Owner(s): Daniel De La Cruz Palma Case: ANX2019-06001
Site: 1819 Audubon Street
Property
Size(Acres):
ROW (Acres):
0.42
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: 9300-19 2nd rdg
Agenda Date: 11/4/2019 Status: Agenda ReadyVersion: 1
File Type: OrdinanceIn Control: Legal Department
Agenda Number: 8.4
SUBJECT/RECOMMENDATION:
Adopt Ordinance 9300-19 on second reading, amending the Zoning Atlas of the city by zoning
certain real property whose post office address is 1819 Audubon Street, Clearwater, Florida
33764, upon annexation into the City of Clearwater as Low Medium Density Residential
(LMDR).
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 11/3/2019
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: 9308-19 2nd rdg
Agenda Date: 11/4/2019 Status: Agenda ReadyVersion: 1
File Type: OrdinanceIn Control: Legal Department
Agenda Number: 8.5
SUBJECT/RECOMMENDATION:
Adopt Ordinance 9308-19 on second reading, 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 is permitted,
to include a certain parcel with frontage of Seville Boulevard, subject to FLS approval.
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 11/3/2019
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
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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).
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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
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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
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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
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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/
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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)
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• 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.
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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
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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
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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.
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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: 9309-19 2nd rdg
Agenda Date: 11/4/2019 Status: Agenda ReadyVersion: 1
File Type: OrdinanceIn Control: Legal Department
Agenda Number: 8.6
SUBJECT/RECOMMENDATION:
Adopt Ordinance 9309-19 on second reading, annexing certain real property 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 additions.
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 11/3/2019
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)
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: 9310-19 2nd rdg
Agenda Date: 11/4/2019 Status: Agenda ReadyVersion: 1
File Type: OrdinanceIn Control: Legal Department
Agenda Number: 8.7
SUBJECT/RECOMMENDATION:
Adopt Ordinance 9310-19 on second reading, amending the future land use element of the
Comprehensive Plan to designate the land use for certain real property whose post office
address is 2108 Palmetto Street, Clearwater, Florida 33765, upon annexation into the City of
Clearwater, as Industrial Limited (IL).
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 11/3/2019
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)
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: 9311-19 2nd rdg
Agenda Date: 11/4/2019 Status: Agenda ReadyVersion: 1
File Type: OrdinanceIn Control: Legal Department
Agenda Number: 8.8
SUBJECT/RECOMMENDATION:
Adopt Ordinance 9311-19 on second reading, amending the Zoning Atlas of the city by zoning
certain real property whose post office address is 2108 Palmetto Street, Clearwater, Florida
33765, upon annexation into the City of Clearwater, as Industrial, Research and Technology
(IRT).
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 11/3/2019
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
2115211321112107
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: 9312-19 2nd rdg
Agenda Date: 11/4/2019 Status: Agenda ReadyVersion: 1
File Type: OrdinanceIn Control: Legal Department
Agenda Number: 8.9
SUBJECT/RECOMMENDATION:
Adopt Ordinance 9312-19 on second reading, annexing certain real property 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.
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 11/3/2019
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
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)80.3514.64255.04
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)
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: 9313-19 2nd rdg
Agenda Date: 11/4/2019 Status: Agenda ReadyVersion: 1
File Type: OrdinanceIn Control: Legal Department
Agenda Number: 8.10
SUBJECT/RECOMMENDATION:
Adopt Ordinance 9313-19 on second reading, amending the future land use plan element of the
Comprehensive Plan of the city to designate the land use for certain real property whose post
office address is 1421 West Virginia Lane, Clearwater, Florida 33759, upon annexation into the
City of Clearwater as Residential Low (RL).
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 11/3/2019
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
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)80.3514.64255.04
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)
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: 9314-19 2nd rdg
Agenda Date: 11/4/2019 Status: Agenda ReadyVersion: 1
File Type: OrdinanceIn Control: Legal Department
Agenda Number: 8.11
SUBJECT/RECOMMENDATION:
Adopt Ordinance 9314-19 on second reading, amending the Zoning Atlas of the city by zoning
certain real property 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).
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 11/3/2019
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
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)80.3514.64255.04
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: 9318-19 2nd rdg
Agenda Date: 11/4/2019 Status: Agenda ReadyVersion: 1
File Type: OrdinanceIn Control: Legal Department
Agenda Number: 8.12
SUBJECT/RECOMMENDATION:
Adopt Ordinance 9318-19 on second reading, annexing certain real property 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.
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 11/3/2019
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
DEEDDISCREPANCY
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)
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
DEEDDISCREPANCY
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: 9319-19 2nd rdg
Agenda Date: 11/4/2019 Status: Agenda ReadyVersion: 1
File Type: OrdinanceIn Control: Legal Department
Agenda Number: 8.13
SUBJECT/RECOMMENDATION:
Adopt Ordinance 9319-19 on second reading, amending the future land use plan element of the
Comprehensive Plan of the city to designate the land use for certain real property whose post
office address is 1861 East Drive, Clearwater, Florida 33755, upon annexation into the City of
Clearwater as Residential Low (RL).
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 11/3/2019
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
DEEDDISCREPANCY
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)
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
DEEDDISCREPANCY
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: 9320-19 2nd rdg
Agenda Date: 11/4/2019 Status: Agenda ReadyVersion: 1
File Type: OrdinanceIn Control: Legal Department
Agenda Number: 8.14
SUBJECT/RECOMMENDATION:
Adopt Ordinance 9320-19 on second reading, amending the Zoning Atlas of the city by zoning
certain real property whose post office address is 1861 East Drive, Clearwater, Florida 33755,
upon annexation into the City of Clearwater as Low Medium Density Residential (LMDR).
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 11/3/2019
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
DEEDDISCREPANCY
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)
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: ID#19-7082
Agenda Date: 11/4/2019 Status: Agenda ReadyVersion: 1
File Type: City Manager Verbal
Report
In Control: Council Work Session
Agenda Number: 9.1
SUBJECT/RECOMMENDATION:
Waterfront Redevelopment Update: Coachman Park; North Marina - Michael Delk, Assistant
City Manager
SUMMARY:
City Administration will update the City Council on the current status of the following
waterfront/redevelopment area projects: North Marina; North Ward School; HRA
Economic Update status; Library Enhancement; 30% Coachman Park Redevelopment
Plan; Bridge Lighting.
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 11/3/2019
|1CITY OF CLEARWATER
Second
Century
Clearwater
•North Marina
•North Ward School
•Economic Update
•Library Enhancement
•Bridge lighting plan
•Park Redevelopment Plan
November 4, 2019
|2CITY OF CLEARWATER
North Marina Update:
•Tom Mahony – Geographic Technology
Manager - Engineering Department
|3CITY OF CLEARWATER
North Ward School:
We have met with the architects who have concepts of a
facility renovated for mixed use restaurants, meeting hall, art, maker space and office opportunities. There appears to be
good opportunity to orient the property with more formal westerly access and usable outdoor public space overlooking the marina area.
In addition, the site can likely accommodate a small boutique hotel and/or some limited residential use. To facilitate these
opportunities, we may want to consider some preparatory renovation and redesign prior to marketing.
We will return to council with more detail on site development options and renovation of some interior space.
Coordination continues with FDOT and US Coast Guard.
|4CITY OF CLEARWATER
Economic Update:
•Economic Analysis and conceptual site renderings are
being completed as anticipated by HRA and
Wannamaker Jenson.
|5CITY OF CLEARWATER
Library Enhancement:
We have confirmed with Williamson Dacar that permit
drawings will be concluded in January. We will get the
project submitted for permit in preparation of construction
as early as first quarter 2020.
In addition, we anticipate including the library project as an
update on renovations and integration with Coachman Park
redevelopment during our community outreach meetings in
late November or early December.
|6CITY OF CLEARWATER
•A work order has been issued for Lochner as our
bridge lighting consultant team (Formerly LRB
Consulting Group).
The concept and design of this project is expected
to take about 180 days. Approval by City Council of
a specific plan is required to make the initial formal
application to FDOT District 7.
Bridge Lighting:
|7CITY OF CLEARWATER
Coachman Park Redevelopment:
• 30% plans are submitted and under review by staff;
• 3-D presentation is being prepared for council review;
• A full assessment of current and anticipated use for the
park/amphitheater is underway. I plan to be ready to discuss this at the second November meeting or first December meeting. This topic has management and fiscal implications that we need to fully understand;
• Our timeline for being completed with plans by May 2020 is unchanged, but Stantec is doing everything they can to try to be ready as soon as possible to commence some utility work prior
to that time. The complicated nature of this area makes that a challenge.
• The Parks Board has reviewed the renaming which is to come before Council for final consideration in November/December.
|8CITY OF CLEARWATER
Second
Century
Clearwater
•North Marina
•North Ward School
•Economic Update
•Library Enhancement
•Bridge lighting plan
•Park Redevelopment Plan
November 4, 2019
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#19-7023
Agenda Date: 11/4/2019 Status: Agenda ReadyVersion: 1
File Type: Council Discussion
Item
In Control: Council Work Session
Agenda Number: 11.1
SUBJECT/RECOMMENDATION:
City Manager/City Attorney Salary Discussion
SUMMARY:
The performance evaluation discussions for the City Manager and City Attorney were
conducted by City Council at the October 3, 2019 City Council Meeting. The council discussion
concerning salary is conducted at the subsequent meeting. For Fiscal Year 2020 3.5% has
been budgeted consistent with all SAMP employees, any increase above 3.5% would require a
budget amendment using an appropriation from general fund reserves.
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 11/3/2019
Traditional Jurisdiction Matches
Population ACTUAL MATCH
HILLSBOROUGH CO 1,410,115 $288,267 Cnty Admin
PINELLAS CO 969,305 $267,509 Cnty Admin
ORANGE CO.1,380,645 $265,387 Cnty Admin
TAMPA 377,165 $200,013 Chief of Staff *strong Mayor structure
ST. PETERSBURG 257,083 $197,210 City Admin *strong Mayor structure
ORLANDO 280,000 $220,625 Chief Admin Officer *strong Mayor structure
TALLAHASSEE 191,000 $230,000 City Manager
GAINESVILLE 131,591 $255,000 City Manager
SARASOTA CO.417,000 $200,844 Cnty Admin
LAKELAND 110,516 $204,946 City Manager
SARASOTA 56,610 $214,260 City Manager
AVERAGE $231,278 231,278
CLEARWATER $202,660
$ DIFF -$28,618
% DIFF -14.1
Data minus the County jurisdictions
Population ACTUAL MATCH
TAMPA 377,165 $200,013 Chief of Staff *strong Mayor structure
ST. PETERSBURG 257,083 $197,210 City Admin *strong Mayor structure
ORLANDO 280,000 $220,625 Chief Admin Officer *strong Mayor structure
TALLAHASSEE 191,000 $230,000 City Manager
GAINESVILLE 131,591 $255,000 City Manager
LAKELAND 110,516 $204,946 City Manager
SARASOTA 56,610 $214,260 City Manager
AVERAGE $217,436 217,436
CLEARWATER $202,660
$ DIFF -$14,776
% DIFF -7.3
City Manager
City Manager
NOTES:
Average total figure does not include Clearwater's salary.
Traditional Jurisdiction matches comprise of organizations that are in the City's public sector labor market and are of similar in size, structure and
demographics. These are agencies in which Clearwater's salary structures are measured and based against.
11/1/2019
Traditional Jurisdiction Matches
Population ACTUAL MATCH
HILLSBOROUGH CO 1,436,888 $222,580
PINELLAS CO 969,305 $226,450
ORANGE CO.1,380,645 $222,851
TAMPA 377,165 $196,019
ST. PETERSBURG 257,083 $196,201
ORLANDO 280,000 $208,000 Contracted
TALLAHASSEE 191,000 $209,634
GAINESVILLE 131,591 $182,663
SARASOTA CO.417,000 $222,996
LAKELAND 110,516 $222,946
SARASOTA 56,610 Retainer
AVERAGE $211,034
##CLEARWATER $193,618
$ DIFF -$17,416
% DIFF -9.0
Data minus the County jurisdictions
Population ACTUAL MATCH
TAMPA 1,380,645 $196,019
ST. PETERSBURG 377,165 $196,201
ORLANDO 257,083 $208,000 Contracted
TALLAHASSEE 280,000 $209,634
GAINESVILLE 191,000 $182,663
LAKELAND 417,000 $222,946
SARASOTA 110,516 Retainer
AVERAGE $202,577
##CLEARWATER $193,618
$ DIFF -$8,959
% DIFF -4.6
City Attorney
City Attorney
NOTES:
Average total figure does not include Clearwater's salary.
Traditional Jurisdiction matches comprise of organizations that are in the City's public sector labor market and are of similar in size, structure and demographics. These are
11/1/2019
Closest Jurisdiction Matches
POPULATION ACTUAL POPULATION ACTUAL
West Palm Beach 111,398 $196,685 West Palm Beach 111,398 $220,000 *strong Mayor structure
Miramar 132,096 contract out Miramar 132,096 $225,000
Gainesville 131,591 $182,664 Gainesville 131,591 $214,000
Coral Springs 133,507 $263,252 Coral Springs 133,507 $228,094
Miami Gardens 113,069 $227,593 Miami Gardens 113,069 $223,108
Palm Bay 114,194 $179,292 Palm Bay 114,194 $169,950
Pompano Beach 111,954 $220,085 Pompano Beach 111,954 $262,159
Lakeland 110,516 $136,432 Lakeland 110,516 $204,947
Miami Beach 91,714 $314,909 Miami Beach 91,714 $305,737
Average $215,114 Average $228,110
Clearwater $193,618 Clearwater $202,660
$ Diff -$21,496 $ Diff -$25,450
% Diff -11.1 % Diff -12.6
FTE COUNT (FT)ACTUAL FTE COUNT (FT)ACTUAL
Fort Lauderdale 2,800 $214,302 Fort Lauderdale 2,800 $225,000
Brevard Co 3,000 $187,339 Brevard Co 3,000 $187,339
Lakeland 1,977 $136,432 Lakeland 1,977 $204,947
Manatee Co 1,794 $202,946 Manatee Co 1,794 $193,918
Miami Beach 1,858 $314,909 Miami Beach 1,858 $305,737
Osceola Co 1,271 $195,790 Osceola Co 1,271 $225,181
Cape Coral 1,403 $170,290 Cape Coral 1,403 $173,035
Seminole Co 1,343 $189,058 Seminole Co 1,343 $214,925
Marion Co 1,485 $200,512 Marion Co 1,485 $188,947
Average $201,286 Average $213,225 Attny
Clearwater $193,618 Clearwater $202,660 $201,286
$ Diff -$7,668 $ Diff -$10,565 $201,286
% Diff -4.0 % Diff -5.2
BY POPULATION: CLEARWATER - 110,679
City Attorney City Manager
BY FTE Count: CLEARWATER - 1978
City Attorney City Manager
@BCL@A80DC838Top 10 by categories 11/1/2019
Effective Date Annual Rate Change Percent Effective Date Annual Rate Change
Percent
11/10/2018 $193,618.47 3.5 11/10/2018 $202,660.00 0
11/11/2017 $187,080.98 3 11/11/2017 $202,660.00 3
10/1/2016 $181,622.31 3 10/1/2016 $196,757.50 3
11/14/2015 $176,332.34 3 11/14/2015 $191,026.70 3
11/15/2014 $171,196.45 3 11/15/2014 $185,462.82 3
11/30/2013 $166,210.14 3.5 11/30/2013 $180,060.99 3.5
11/15/2012 $160,589.51 8 11/15/2012 $173,971.97 8
10/1/2011 $148,693.99 0 10/1/2011 $161,085.16 0
10/1/2010 $148,693.99 0 10/1/2010 $161,085.16 0
10/1/2009 $148,693.99 0 10/1/2009 $161,085.16 0
10/1/2008 $148,693.99 0 10/1/2008 $161,085.16 0
10/1/2007 $148,693.99 3.95 10/1/2007 $161,085.16 3.95
10/1/2006 $143,043.76 4 10/1/2006 $154,964.08 4
10/1/2005 $137,542.08 7 10/1/2005 $149,003.92 7
10/1/2004 $128,544.00 3 10/1/2004 $139,256.00 3
10/1/2003 $124,800.00 4 10/1/2003 $135,200.00 4
10/1/2002 $120,000.00 0.046 8/2/2002 $130,000.00 8.333
10/1/2002 $119,945.00 4.3 8/2/2001 $120,000.00 20
10/1/2001 $115,000.00 8.559
10/1/2000 $105,933.45 8
10/1/1998 $98,086.53 8
10/3/1994 $90,820.86
City Attorney City Manager
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#19-7092
Agenda Date: 11/4/2019 Status: Agenda ReadyVersion: 1
File Type: Council Discussion
Item
In Control: Council Work Session
Agenda Number: 11.2
SUBJECT/RECOMMENDATION:
Downtown Parking Garage Site - Councilmember Polglaze
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 11/3/2019
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#19-7103
Agenda Date: 11/4/2019 Status: Agenda ReadyVersion: 1
File Type: Council Discussion
Item
In Control: Council Work Session
Agenda Number: 11.3
SUBJECT/RECOMMENDATION:
Building Department Practices - Councilmember Allbritton
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 11/3/2019
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#19-7077
Agenda Date: 11/4/2019 Status: Agenda ReadyVersion: 1
File Type: Presentation(s) for
Council Meeting
In Control: Council Work Session
Agenda Number: 15.1
SUBJECT/RECOMMENDATION:
Clearwater Jazz Holiday - Steve Weinberger, President & CEO
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 11/3/2019
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#19-6920
Agenda Date: 11/4/2019 Status: Agenda ReadyVersion: 1
File Type: Presentation(s) for
Council Meeting
In Control: Council Work Session
Agenda Number: 15.2
SUBJECT/RECOMMENDATION:
Suncoast Jazz Classic Weekend Proclamation - Joan Dragon, Director of the Suncoast Jazz
Festival
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 11/3/2019
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#19-7076
Agenda Date: 11/4/2019 Status: Agenda ReadyVersion: 1
File Type: Presentation(s) for
Council Meeting
In Control: Council Work Session
Agenda Number: 15.3
SUBJECT/RECOMMENDATION:
Hispanic Heritage Concert - Neil Fernandez, Station Manager, 92.5 Maxima
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 11/3/2019
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#19-6962
Agenda Date: 11/4/2019 Status: Agenda ReadyVersion: 1
File Type: Presentation(s) for
Council Meeting
In Control: Council Work Session
Agenda Number: 15.4
SUBJECT/RECOMMENDATION:
Pinellas Community Foundation Presentation - Duggan Cooley, CFRE CEO
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 11/3/2019
Giving Humanity a Hand
WHAT ISACOMMUNITY FOUNDATION?
A community foundation is a public charity focused
on supporting a specific geography by inviting and
pooling donations to make a lasting difference
BYTHE NUMBERS
•Founded in 1969 through
establishment of PCF Trust
Agreement
•$110 million in assets in 170
unique funds
•Grants of more than $55 million
provided to support the community
•Has supported more than 200
organizations with grant funds
SERVICES PROVIDED
•Local expertise in philanthropic giving
•Community planning and convening
•Community needs assessment
•Organizational planned giving
program development
•Private foundation avoidance or conversion
•Estate planning assistance
GRANT PROGRAMS
•Operating Grants
•Capital Improvement and Equipment Grants
•Janet A. Huntley Arts Enrichment for Youth Grant
•Theodore and Marian Tonne Grant for Cultural Outreach
•Cathleen W. Grant Environmental Grant
•Cathleen W. Grant Public Communications Grant
•Faith Mission Fund
•Childhood Hunger
•Senior Citizens Services
HELPING YOUTH
•Girls on the Run
•After-school program that helps young girls
developed confidence and leadership skills
through both physical and mental exercises
•2019 PCF grant helped expand program into
two Clearwater schools
•Eisenhower Elementary
•Belleair Elementary
AGINGAND CASOA
November 15, 2019
Release of Community Assessment
Survey of Older Adults
•Community survey in both Pasco and
Pinellas Counties
•10,000 residents surveyed
•High degree of community satisfaction
but needs expressed include healthcare, transportation, affordable housing
Giving Humanity a Hand
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#19-7080
Agenda Date: 11/4/2019 Status: Agenda ReadyVersion: 1
File Type: Presentation(s) for
Council Meeting
In Control: Council Work Session
Agenda Number: 15.5
SUBJECT/RECOMMENDATION:
2019 Charter Review Committee Report - Mike Mannino, Chair
SUMMARY:
Page 1 City of Clearwater Printed on 11/3/2019
Clearwater Charter Review Committee 2019
Summary Report
The Charter Review Committee is composed of thirteen citizen volunteers appointed by City Council.
The Committee has met on the second and fourth Wednesday since February 11, 2019 and has
reviewed every section of the current charter, including the two issues City Council requested the
Committee to pay particular attention.
The Committee spent eight meetings reviewing and discussing districting and voting systems, which
included two presentations from Dr. Scott Paine of the Florida League of Cities and demographic
information from City staff. A public meeting was held on July 10 at which the public was invited to
provide input regarding the City’s form of representation and election and alternatives. After much
deliberation and discussion, the Committee decided not to amend the city’s current form of
representation. This was not a unanimous decision. The Committee could not come to an agreement on
district representation. The Committee also spent considerable time discussing councilmember salaries;
there was consensus not to recommend increasing the salaries based on the current duties outlined in
the charter.
The following is a summary of the Committee’s recommendations:
Article II – Legislative Power
Section 2.01
Increase the number of councilmembers to seven, including the mayor, and all elected at‐large.
Include language requiring Council to establish annual measurable goals and priorities for the
city manager.
Include language requiring each Council to evaluate the City Manager based on specific criteria
designated by Council.
Include language that increases the amount of property (5 acres) that can be donated or sold for
less than fair market value for workforce or affordable housing and uneconomic remainders of
land to be sold to an abutting property owner without a bid requirement.
Remove language pertaining to negotiating a lease with the Clearwater Marine Aquarium as it is
no longer pertinent.
Include language to research and report the environmental impact of all decisions with the goal
of reducing our energy consumption, waste generation, our dependence on fossil fuels and
production of greenhouse gasses. The intent is to include such statement in agenda items.
Section 2.06
Increase the timeframe present and former councilmembers may hold any compensated
appointed city office or employment to two years after the expiration of the term for which the
council member was elected, to be consistent with state law.
Section 3.03
Require the city manager to present an annual comprehensive report on the financial condition
and administration activities of the city at the first council meeting in November instead of
September, to include the status of the established goals and priorities.
Section 7.02
Increase the time between when the charter is reviewed to eight years.
Recommendations of the Committee
The Committee recommends Council consider instituting an independent ombudsman to evaluate
disputed proposed developments, educate the residents on process and issues, and potentially
represent the residents where appropriate.
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Subpart A - CHARTER[1]
Footnotes:
ARTICLE I. - CORPORATE EXISTENCE, POWERS, AND BOUNDARIES
Section 1.01. - Corporate existence and powers.
(a) General Powers. The City of Clearwater, Florida, (the "city"), created by Chapter
9710, Special Laws of Florida, 1923, as amended, exists as a municipal corporation with all governmental, corporate and proprietary powers to enable it to conduct municipal government, perform municipal functions and render municipal services. The city may exercise any power for municipal purposes except when expressly
prohibited by law. In addition to the powers enumerated herein, the city shall be
vested with all powers granted by general or special acts of the Legislature of the State of Florida or as otherwise provided by law.
(b) Exercise of Powers. The city may exercise its powers and perform and finance any of its functions, by contract or otherwise, jointly or with any one or more states
or political subdivisions or agencies thereof, or the United States or any agency
thereof, or with any person as defined by law.
(c) Construction. The powers of the city under this charter shall be construed liberally in favor of the city. The city is empowered to do whatever is necessary and proper for the safety, health, convenience and general welfare of its inhabitants. The
specific mention of a particular power in this charter shall not be construed as
limiting the general power stated in this Section of Article I.
(6372-99, § 1, 1-21-99/3-9-99)
Section 1.02. - Corporate boundaries.
The corporate boundaries of the city shall be as they exist on the date this charter takes effect, provided that the city may change its boundaries in the manner prescribed
by law.
ARTICLE II. - LEGISLATIVE POWER
Section 2.01. - Council; composition; powers.
(a) Composition. There shall be a city council, (the "council"), composed of five seven council members, including the mayor. The members will occupy seats numbered
one through fiveseven, inclusive. All members shall be elected at large by the voters
of the city.
(b) Powers. All legislative power of the city shall be vested in the council, except as otherwise provided by law or the provisions of this charter, and the council shall provide for the exercise thereof and for the performance of all duties and obligations
imposed upon the city by law.
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(c) Duties. It shall be the duty of the council to discharge the obligations and responsibilities imposed upon the council by state law, city ordinance and this charter. As a part of the discharge of its duty, the council shall:
1. 1. Each October at a public meeting, present a report on the evaluation of the performance of the city manager and city attorney.
2. Establish annual measurable goals and priorities for the City Manager.
3. Each councilmember shall perform an annual evaluation of the City Manager and
the City Attorney based on specific uniform criteria developed by the council.
4. 2. Adopt by ordinance a comprehensive system of fiscal management. The
fiscal management ordinance shall include provisions relating to the operating
budget, capital budget and capital program, and provide for hearings on the budget, capital budget and capital program and the amendment of the budget following adoption.
2.5. 3. Provide for an annual or more frequent independent audit of all city
accounts by a firm of certified public accountants, and provide for publication of
a notice of availability of each audit. No firm shall be employed for more than five consecutive years. All audits shall be in accordance with law.
6. 4. Regulate comprehensive planning, zoning and land development as provided by law.
7. Research and report the environmental impact of all decisions with the
goal of reducing our energy consumption, waste generation, our dependence on
fossil fuels and production of greenhouse gasses.
(d) Limitations. The legislative power provided herein shall have the following limitations:
(1) The total indebtedness, which for the purpose of this limitation shall include
revenue, refunding, and improvement bonds of the city, shall not exceed 20 percent of the current assessed valuation of all real property located in the city. The total budgeted expenditures in any fiscal year shall not exceed the total estimated revenue plus any unencumbered funds carried forward from a prior fiscal year.
(2) The city council shall by ordinance adopt procedures for the purchase or rental of goods and services.
(3) Any non-budgeted expenditure in excess of $5 million must be approved by the council at two separate meetings held at least two weeks apart and advertised notice of a public hearing must be given at least five days prior to the
second meeting.
(4) With the exception of maintenance or emergency dredging, or dredging relating to those portions of Dunedin Pass and Stevenson's Creek located within the boundaries of the city, permits for dredging or filling in excess of
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10,000 cubic yards below the mean high water line may be authorized only after a properly advertised public hearing before the council and approval at referendum.
(5) Real property.
(i) Prior to the sale, donation, lease for a term longer than five years, or
other transfer of any municipal real property, the real property must be
declared surplus and no longer needed for municipal public use by the
council at an advertised public hearing. Except in the case of right-of-way
dedications, the granting of easements, transactions with governmental
entities as described herein, or conveyance for Workforce or Affordable
Housing, or conveyance of an uneconomic remainder of land, no real
property may be given away or donated without prior approval at
referendum. Following a public hearing, the City Council may approve the
donation or sale for less than fair market value of city-owned property of
not more than one-half acrefive acres in size for workforce or affordable
housing. Workforce or Affordable Housing means housing affordable to
persons or families whose total annual income does not exceed 120
percent of the Area Median Income (AMI), adjusted for household size, as
published by the U.S. Department of Housing and Urban Development
(HUD) for Pinellas County or metropolitan area. Following a public hearing,
the City Council may approve the donation or sale for less than fair market
value of city-owned property that has been determined by Council to be an
uneconomic remainder of land to the owner of real property adjacent to
said uneconomic remainder. For the purposes of this provision, an
uneconomic remainder of land means real property owned by the City of
Clearwater with characteristics such as size, shape, limited access or other
limiting characteristics that prevent meaningful development of the
property.
(ii) Except as otherwise provided herein, real property declared surplus shall be sold to the party submitting the highest competitive bid above the appraised value whose bid meets the terms set by the council and whose
proposed use of the property is in accordance with the council's stated
purpose for declaring the property surplus, if any. However, when the property declared surplus is vacated right-of-way in which the city owns the fee interest and the vacated right-of-way is abutted by a single property owner, no competitive bid shall be required; and the city may sell the
property to the abutting property owner for not less than fair market value.
(iii) Surplus real property may be transferred to another governmental entity for less than the appraised value after an advertised public hearing has been held and a finding by the council of a valid public purpose for the transfer.
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(iv) Surplus real property may be exchanged for other real property having a comparable appraised value.
(v) No municipally owned real property which was identified as
recreation/open space on the city's comprehensive land use plan map on
November 16, 1989, or at any time thereafter, may be sold, donated, leased for a new use, or otherwise transferred without prior approval at referendum, except when the council determines it appropriate to dedicate right-of-way from, or easement over, such property. Such recreation/open
space property may be leased for an existing use, without referendum,
unless such lease is otherwise prohibited by charter or ordinance.
(vi) No right-of-way or easement which terminates at, or provides access to, the water's edge of a body of fresh or salt water may be vacated for private benefit. Nothing contained in this section shall prevent an easement solely
for utility purposes from being vacated, exchanged for a new easement for
similar purposes or from converting a fee interest for utility purposes into an easement for such purposes.
(vii) The council may lease municipal real property for five years or less without declaring it surplus. Municipal real property declared surplus may
be leased for a term up to 65 years, provided, however, nothing herein shall
preclude renewal of any lease for a maximum of 30 years. Municipal property declared surplus may be leased for an initial period of more than 65 years or a renewal period exceeding 30 years, if approved at referendum, but not to exceed 95 years total.
(viii) All leases of municipal real property shall contain recapture and reverter
clauses.
(ix) When purchasing real property for less than $500,000.00, the council shall obtain an appraisal performed by city staff or independent certified appraiser. If the purchase price of such property equals or exceeds
$500,000.00 but is less than $1,000,000.00, the council shall obtain at least one appraisal by an independent certified appraiser. If the purchase price of such property equals or exceeds $1,000,000.00, the council shall obtain at least two appraisals by independent certified appraisers.
(6) No municipal or other public real property lying west of Osceola Avenue, east
of Clearwater Harbor between Drew and Chestnut Streets, being further described in Appendix A, and no municipal or other public real property constituting the Memorial Causeway or lands immediately contiguous thereto, more particularly described as:
That portion of Memorial Causeway (S.R. 60) a 1,200-foot-wide right-of-way,
lying between the east abutment of the west bridge and the east line of Clearwater Harbor, and the submerged portions of Board of Trustees of the Internal Improvement Trust Fund Deed Numbers 17,500 and 17,502, shall be developed or maintained other than as open space and public utilities together with associated appurtenances, except upon a finding by the council at a duly
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advertised public hearing that such development is necessary in the interest of the public health, safety and welfare of the citizens of the city and approval of such finding at referendum, conducted subsequent to the public hearing.
For the purpose of this section "open space" shall include plazas, sidewalks,
boardwalks, elevated walkways, paths, trails, roadways, stairs, benches, tables, water fountains, litter receptacles, lighting, wayfinding and similar amenities and surface parking. As an exception to the open space limitation contained herein, the following uses and facilities are allowed to be constructed and maintained
on that portion of the city-owned property lying west of Osceola Avenue, east of Clearwater Harbor between Drew and Pierce Streets: a city-owned bandshell and associated facilities including removable seating; city-owned tennis courts and associated appurtenances, playground, splash pad, water features, artwork and similar amenities; public restrooms and park storage. Additionally, licensing
of events, temporary booths for vending, and mobile concessions may be permitted.
Notwithstanding any provision of this section to the contrary, city-owned public docks, promenade, side tie moorings and not more than 140 dedicated boat slips for recreational non-commercial vessels, together with public restrooms
and dock master offices which shall not exceed 1,200 square feet and associated surface parking, may be constructed, operated and maintained in and on that portion of Clearwater Harbor and abutting uplands generally located south of Drew Street, north of Smith's Finger, east of the Intracoastal Waterway Channel and west of the Bluff as more particularly described in Appendix B.
Potable water, shore power, sewage pump out and restroom facilities may be provided to and located on the slips, docks and moorings. The dockmaster's office may include coin-operated washers and dryers and sale of ice. The parking for the facility, which may be designated for use by slip tenants, shall be existing surface parking which shall be brought up to code and shall not result
in any net loss of green space. City may permit ferries, water taxis, excursion boats and similar uses to access the docks for drop off and pick up of passengers, booths for ticket sales, and directional signage. The promenade shall be constructed on a portion of the footprint of the prior bridge. City council shall adopt by resolution regulations that provide city residents first priority for
the dedicated boat slips and which ensure public access to the docks, boardwalks and promenade, however nothing herein shall prohibit fencing and gates for security. Concessions for rental of non-motorized recreational equipment, including but not limited to canoes, kayaks, paddleboards, and paddleboats may be permitted and a restroom and boathouse structure not to
exceed 2,000 square feet for storage of said equipment may be permitted. Except for a ramp for launching of non-motorized recreational equipment, including but not limited to canoes, kayaks, paddleboards, and paddleboats, no boat launching ramps, fueling facilities or parking garage shall be permitted.
(7) No city owned real property in the area bounded on the north by Drew Street,
on the east by Osceola Avenue, on the south by Pierce Street, and on the west
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by the waters of Clearwater Harbor, shall be sold, donated, leased, or otherwise transferred or used for other than city facilities except upon a finding by the council at a duly advertised public hearing that such transfer or use is
necessary and in the interest of the public health, safety and welfare of the
citizens of the city and the approval of such finding at referendum. Except that the structure known as Harborview Center, as described in Appendix B may be leased for and used in furtherance of any municipal purpose consistent with the charter and ordinances of the city; and, portions of the Downtown Main Library
may be leased and used for a café or restaurant, special events, art galleries,
maker space, and other compatible public and commercial uses. Additionally, the council at a duly advertised public hearing, may grant easements for underground utilities.
(8) Notwithstanding and as an exception to anything contained in section
2.01(d)(5), (6) and (7) herein, and the City Council is authorized to:
(a) Negotiate and enter into a ground lease with the Clearwater Marine Aquarium for an initial term of not to exceed 60 years for redevelopment of certain municipally owned real property in the Downtown generally described as generally lying west of Osceola Ave., east of the unimproved Pierce Boulevard
right-of-way, south of Cleveland St. and north of Pierce St., as more specifically
described in Appendix C, for compensation to be determined by City Council which may be less than fair market value, for the purpose of construction, operation and maintenance of an aquarium as specifically described herein.
(b) Negotiate and enter into a lease allowing the construction, operation and
maintenance of an Aquarium which shall not exceed 250,000 square feet and
may include the following components: Exhibit space including exhibit space for traveling exhibits: Animal hospital including Surgical Suite and medical laboratory; Water Quality laboratory: Classrooms and Community rooms: Food and catering facilities: Theaters; Laundry facilities: Retail/Gift shop:
Administrative offices; Video/film production facilities; Mechanical space i.e. chiller, boiler, power generation; Chemical storage rooms, dry and liquid: Life Support equipment rooms i.e. filters, pumps, ozonators, backwash recovery systems, water storage: Saltwater pumping station: Driveways, Delivery and loading and unloading zone. Pick-up/drop-off zone: and drainage facilities: and
such other functions as a typically associated with an aquarium of similar size.
(c) Grant necessary easements for driveways, utilities and salt water intake and discharge as permitted by the appropriate agencies.
(d) Authorize relocation of the tennis courts to a location to be determined by the City Council.
(e) If at any time prior to commencement of construction of the Aquarium, CMA abandons the project or fails to meet material obligations under the lease, or if the City Council does not approve a lease pursuant hereto on or before June 15th, 2015 the exemptions contained in this § 2.01(d)(8) shall expire and have no further force and effect.
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(Ord. No. 6373-99, §§ 1, 2, 1-21-99/3-9-99; Ord. No. 7237-03, § 1, 12-18-03/3-9-04; Ord. No. 7777-07, § 1, 1-18-07/3-13-07; Ord. No. 7901-07, §§ 1, 2, 11-15-07/1-29-08; Ord. No. 8298-11, § 1, 12-1-11/1-31-12; Ord. No. 8418-13, § 2, 6-19-13/11-5-13; Ord.
No. 8808-15, § 1, 12-3-15/3-15-16; Ord. No. 8809-15, § 1, 12-3-15/3-15-16; Ord. No.
9063-17, § 2, 8-3-17/11-7-17)
Section 2.02. - Qualifications.
Members of the council shall be qualified voters of the city and shall have continuously resided in the city for at least one year prior to submitting a petition for
election. The council shall be the judge of the election and the other qualifications of its
members and of the grounds for forfeiture of their office.
Section 2.03. - Election and terms.
Commencing with the terms beginning in 2008, all council members, including the mayor, shall be elected for terms of four years. Terms shall overlap, with two council
members and the mayor elected one year, and the additional two council members
elected two years later.
No person who has, or but for resignation or forfeiture of office would have, served as a council member for two consecutive full terms shall serve as a council member other than mayor for the succeeding four-year term. No person who has, but for
resignation or forfeiture of office would have, served as mayor for two consecutive full
terms, shall serve as mayor or council member for the succeeding four-year term. Term limits shall be effective for each respective seat on the date of the next election for that seat after 1994.
Newly elected council members shall take office the next business day following
certification of city election returns.
(Ord. No. 63-74-99, § 1, 1-21-99/3-9-99; Ord. No. 7902-07, § 1, 11-15-07/1-29-08)
Section 2.04. - Compensation and expenses.
The council may determine the annual salary of council members and the mayor by ordinance. No ordinance increasing such salary shall become effective until the date of commencement of the terms of council members elected at the next regular election,
occurring at least six months following the adoption of such ordinance. Council members shall be reimbursed their actual and necessary expenses incurred in the performance of their duties of office.
Section 2.05. - Mayor, functions, and powers.
The mayor shall preside at all meetings of the council, perform such other duties
consistent with the office as may be imposed by the council and this charter, and shall
have a voice and a vote in the proceedings of the council, but no veto power. The mayor may execute legal instruments on behalf of the city or otherwise as required by law. This authorization does not confer upon the mayor administrative duties except as
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required to carry out the responsibilities stated in this charter. The mayor shall be recognized as the official head of the city by the courts for the service of process, by the governor for purposes of military law, and for all ceremonial purposes.
At the first council meeting each April, the council shall elect one of its members as
vice-mayor. The vice-mayor shall act as mayor during the temporary absence or inability of the mayor to perform the duties of the office of the mayor.
Section 2.06. - Prohibitions.
(a) Appointments and removals. Neither the council nor any of its members shall in
any manner dictate the appointment or removal of any city administrative officer or
employee whom the city manager, or any of the city manager's subordinates, is empowered to appoint.
(b) Dealing through city manager. Except during an investigation, the council members shall deal with city officers and employees who are subject to the direction
and supervision of the city manager solely through the city manager. Neither the
council nor its members shall give orders to any such officer or employee, either publicly or privately. Recommendations for improvement in city operations by individual council members shall be made to and through the city manager.
Nothing in the foregoing paragraph prohibits individual members of the council from
asking questions and observing city operations so as to obtain independent information
to assist them in the formulation of policy.
(c) Holding other office. No present or former council member shall hold any compensated appointive city office or employment until one yeartwo years after the expiration of the term for which such council member was elected.
Section 2.07. - Vacancies; forfeiture of office; filling vacancies; advisory boards.
(a) Vacancies. The office of a council member shall become vacant upon the death, resignation, removal from office in any lawful manner, or forfeiture of the office, such forfeiture to be declared by the remaining members of the council.
(b) Forfeiture of office. A council member shall forfeit such office if such member:
1. Lacks at any time during the term of such office any qualification for the office
prescribed by law, or
2. Is convicted of a felony or a crime involving moral turpitude, or
3. Fails to attend six consecutive regular meetings of the council, unless such absence is excused by the council, or
4. Fails to attend twenty-five percent of the regular meetings during a 12-month
period whether excused or not.
(c) Filling of vacancies; vacancy in council member's seat.
1. A vacancy on the council should be filled by majority vote of the remaining council members within 30 days after the vacancy. The person so appointed
shall serve as a council member until the next regular or special election. At
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such election, a council member shall be elected to serve for the remainder of the unexpired term of office.
2. If the council members fails to fill such vacancy within 60 days after it occurs, a
special election shall be called to fill the unexpired term.
3. Any person appointed to fill such a vacancy shall possess all the qualifications required of a council member by law.
(d) Extraordinary vacancies. In the event that all council members resign or are removed by death, disability, or forfeiture of office, the governor shall appoint an
interim council that shall call a special election to be held within 90 days after the occurrence of the vacancies. Such election shall be held in the same manner as the first election under this charter. In the event vacancies cannot be filled as provided in section 2.07(c) because of permanent vacancies which make it impossible to assemble a quorum, then in such case the governor shall appoint that number of
council members necessary to constitute a quorum who shall hold office until the next regular or special election.
(e) Boards. The council is empowered to appoint such advisory boards as it deems appropriate and regulatory board(s) as may be established by law.
(Ord. No. 6375-99, § 1, 1-21-99/3-9-99
Section 2.08. - Procedure.
(a) Meetings. The council shall meet regularly at least once each month at such times and places as the council may prescribe by rule. Special meetings may be held on call of the mayor, the city manager, or any two council members and, when practical, upon no less than 24 hours' notice to each member and the public. All
meetings shall be public, except as otherwise provided by law. The city manager
and any council member shall have the power to cause any item to be placed on the next agenda.
(b) Rules and minutes. The council shall determine its own rules and order of business. The city clerk shall keep minutes of the council proceedings.
(c) Voting. Voting on ordinances and resolutions shall be by roll call and shall be
recorded in the minutes. A majority of the council shall constitute a quorum; but a smaller number may adjourn from time to time and may compel the attendance of absent members in the manner and subject to the penalties prescribed by the rules of the council.
Except as provided in section 2.07(c), section 3.02 and in the preceding sentence,
no action shall be valid or binding unless adopted by the affirmative vote of the majority of all council members.
Section 2.09. - Ordinances and resolutions in general.
(a) Definitions.
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1. "Ordinance" means an official, legislative action of the council, which action is a regulation of a general and permanent nature and enforceable as a local law.
2. "Resolution" means an expression of the council concerning matters of
administration, an expression of a temporary character, or a provision for the
disposition of a particular item of the business of the council.
(b) Form. Each ordinance or resolution shall be introduced in writing and shall embrace but one subject and matters properly connected therewith. The subject shall be clearly stated in the title. No ordinance shall be revised or amended by
reference to its title only. Ordinances to revise or amend shall set out in full the
revised or amended action, section, subsection, or paragraph of a section or subsection.
(c) Procedure. A proposed ordinance shall be read by title, or in full, on at least two separate days, at either regular or special meetings of the council, and shall, at
least ten days prior to adoption, be noticed once in a newspaper of general
circulation in the city. The notice of proposed enactment shall state the date, time, and place of the meeting, the title or titles of proposed ordinances and the place or places within the city where such proposed ordinances may be inspected by the public. The notice shall also advise that interested parties may appear at the
meeting and be heard with respect to the proposed ordinance.
(d) Effective date. Except as otherwise provided in this charter, every adopted ordinance shall become effective ten days after adoption or as otherwise specified therein.
(e) Emergency ordinances. An ordinance may be passed as an emergency measure
on the day of its introduction if it contains a declaration describing in clear and
specific terms the facts and reasons constituting the emergency and receives the vote of at least four council members. An emergency ordinance shall remain effective as an ordinance for a period of 90 days and shall automatically expire at the end of such 90-day period unless during the time of such period the ordinance is
submitted for adoption in the manner provided for non-emergency ordinances. Such ordinances may not levy taxes; grant, renew or extend a franchise; change election qualifications; set service or user charges for any municipal services; authorize the borrowing of money; enact or amend a land use plan; or rezone private real property. Emergency ordinances shall become effective upon passing or at such
other date as shall be specified in the ordinance.
Section 2.10. - Authentication, recording and disposition of charter amendments,
ordinances, and resolutions.
(a) Authentication. The mayor and the city clerk shall authenticate by their signatures all ordinances and resolutions adopted by the council. In addition, when charter
amendments have been approved at referendum.
(b) Recording. The city clerk shall keep properly indexed records in which shall be recorded, in full, all ordinances and resolutions passed by the council. Ordinances shall periodically be codified. The city clerk shall also maintain the city charter in
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current form. A copy of the charter and any amendments thereto shall be sent to the secretary of state.
(c) Availability of Public Records. The council shall, by ordinance, establish
procedures for making all resolutions, ordinances, technical codes adopted by
reference, and this charter available to the people of the city for public inspection and available for purchase at a reasonable price to cover the cost of reproduction.
ARTICLE III. - ADMINISTRATION
Section 3.01. - City manager.
The city manager shall serve as the chief administrative officer and chief executive
officer of the city. The city manager shall be appointed on the basis of administrative qualifications, experience, and training. The city manager need not be a resident of the city or state at the time of appointment, but shall establish and maintain residency within the city within one year after the appointment. The city manager shall be responsible to the council for all city administrative affairs.
Section 3.02. - Appointment; removal; compensation.
(a) Appointment. The council shall appoint a city manager by an affirmative vote of four council members. The city manager shall hold office at the pleasure of the council.
(b) Removal. The council may remove the city manager by an affirmative vote of four
council members or a majority of the council members at two separate meetings held at least two weeks apart. Upon request by the city manager, a public hearing will be held prior to a vote to remove the city manager.
(c) Compensation. The compensation of the city manager shall be fixed by a majority of all the council members.
(d) Acting city manager. By letter filed with the council, the city manager shall designate one or more assistant city managers to exercise the powers and perform the duties of city manager during the city manager's temporary absence or disability. This designation shall be limited to a period of 60 days. At the expiration of this period, the council shall appoint an interim or new city manager in
accordance with the provisions of this charter.
Section 3.03. - Powers and duties of the city manager.
The city manager shall:
(a) Appoint, promote, and suspend, demote, or remove any city employees or appointive administrative officers under the city manager's jurisdiction, except
as may be otherwise provided by law. Such appointment, promotion,
suspension, demotion, or removal shall be in compliance with the civil service law and other applicable rules and regulations.
(b) Establish or discontinue any city department, division or board in the administrative affairs of the city, subject to council approval.
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(c) Attend council meetings and have the right to take part in discussion, but not to vote.
(d) See to the faithful execution of all laws, provisions of this charter, and acts of
the council subject to enforcement by the city manager or officers subject to the
city manager's supervision.
(e) Prepare and submit to the council in the form provided by ordinance, the annual budget, a capital improvement budget, and a projected capital improvement program for a minimum five-year period.
(f) Submit to the council at the first regular meeting in September November of each year and make available to the public a comprehensive report on the financial condition and administrative activities of the city to include the status of the annual goals and priorities..
(g) Make such other reports as the council may require concerning the operations
of city departments, offices and agencies subject to the city manager's supervision.
(h) Keep the council fully advised as to the financial condition and future needs of the city and make recommendations to the council concerning the affairs of the city.
(i) Sign contracts on behalf of the city pursuant to the provisions of appropriations ordinances.
(j) Develop and keep current an administrative code which sets forth the organizational and operational procedures of the city government.
(k) Provide administrative assistance to the council in connection with their official
duties, and perform such other duties as are specified in this charter or may be required by the council.
(l) Act as purchasing agent for the city.
(Ord. No. 6375-99, § 2, 1-21-99/3-9-99)
Section 3.04 - City clerk.
The city manager shall appoint a city clerk, which appointment must be confirmed
by the council prior to becoming effective. The city clerk or the designee of the city clerk shall:
(a) Be custodian of all records and the official seal of the city;
(b) Attest all documents requiring attestation and agreements to which the city is
a party;
(c) Arrange for and supervise all city elections;
(d) Attend all meetings of the council and keep minutes of its proceedings;
(e) Give notice of council meetings to its members and the public;
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(f) Perform such other duties as directed or required by law.
Section 3.05. - Personnel system.
Appointments and promotions of city officials and employees, except those
specifically exempted by ordinance, shall be made solely on the basis of merit and
fitness demonstrated by examination or other evidence of competence as provided by law.
ARTICLE IV. - CITY ATTORNEY; LEGAL DEPARTMENT[2]
Footnotes:
--- (2) ---
Code reference— Officers and employees generally, § 2.261 et seq.
Section 4.01. - City attorney, legal department.
There shall be a legal department, headed by the city attorney, operating under the authority of and responsible to the council. The legal department shall consist of the city attorney, assistant city attorneys and such other staff as the council may direct.
Section 4.02. - City attorney appointment, removal, and compensation, qualifications
and duties.
(a) Appointment. The city attorney shall be appointed by the affirmative vote of four council members and may be removed by a majority of the members of the council. Upon request by the city attorney a public hearing will be held prior to a
vote to remove the city attorney. The city attorney shall be a member in good
standing of The Florida Bar.
(b) Duties. The city attorney shall be the legal advisor to the council, the city manager and all city departments, offices and agencies. When required by the city council, the city attorney shall prosecute or defend, on behalf of the city, all
complaints, suits and controversies in which the city is a party; and shall
prepare or review and approve as to form and legal sufficiency all contracts, bonds, and other instruments to which the city is a party. The city attorney shall perform such other duties as may be directed by law or the city council.
(c) Absence. By letter, filed with the council, the city attorney shall designate one
or more assistant city attorneys to perform the duties of city attorney during a
temporary absence or disability. This designation shall be limited to a period of 60 days. At the expiration of this time, the council shall appoint an interim or new city attorney in accordance with the provisions of this charter.
(Ord. No. 6375-99, § 3, 1-21-99/3-9-99)
Section 4.03 - Assistant city attorneys; special counsel.
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(a) Assistants. The city attorney shall appoint as many assistant city attorneys as authorized by the city council.
(b) Special Counsel. The council may employ special counsel, outside of the legal
department, who shall conduct such investigations and perform such services as
the council may direct and who shall report directly to the council.
Section 4.04 - Compensation.
The council shall determine the compensation to be paid to the city attorney and special counsel. Compensation for the assistant city attorneys shall be established by
the city attorney and approved by the council.
ARTICLE V. - RESERVED
ARTICLE VI. - INITIATIVE; REFERENDUM; RECALL
Section 6.01. - Initiative.
The voters of the city shall have power to propose ordinances to the council, and, if the council fails to adopt an ordinance so proposed without any change in substance, to
adopt or reject it at a city election, provided that such powers shall not extend to the
budget or capital program or any ordinance relating to appropriation of money, levy of taxes, or salaries of city officers or employees.
Section 6.02. - Referendum.
The voters of the city shall have power to require a reconsideration by the council of
any adopted ordinance and, if the council fails to repeal an ordinance so reconsidered,
to approve or reject it at a city election, provided that such power shall not extend to the budget or capital program, any emergency ordinance, or ordinance relating to appropriation of money, levy of taxes, or appointment or salaries of city officers or employees.
Section 6.03. - Recall.
The voters of the city shall have the power to recall or remove from office any elected official or officials of the city, for the reasons and in the manner set forth in the General Laws of the State of Florida.
Section 6.04. - Commencement of proceedings.
Any five voters may commence initiative or referendum proceedings by filing with
the city clerk or other official designated by the council an affidavit stating they will
constitute the petitioners' committee and be responsible for circulating the petition and filing it in proper form, stating their names and addresses, specifying the address to which all notices to the committee are to be sent, and setting out in full the proposed initiative ordinance or citing the ordinance sought to be reconsidered.
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Promptly after the affidavit of the petitioners' committee is filed, the clerk or other official designated by the council shall at the committee's request issue the appropriate petition blanks to the petitioners' committee at the committee's expense.
Section 6.05. - Petitions.
(a) Number of signatures. Initiative or referendum petitions must be signed by voters of the city equal in number to at least ten percent of the total number of voters registered to vote in the last regular city election.
(b) Form and content. All papers of a petition shall be uniform in size and style and
shall be assembled as one instrument for filing. Each signature shall be executed in
ink or indelible pencil and shall be followed by the address of the person signing. Petitions shall contain or have attached thereto throughout their circulation the full text of the ordinance proposed or sought to be reconsidered.
(c) Affidavit of the circulator. Each paper of a petition shall have attached to it, when
filed, an affidavit executed by the circulator thereof stating: That the circulator
personally circulated the paper; the number of signatures thereon; that all the signatures were affixed in circulator's presence; that the circulator believes them to be the genuine signatures of the persons whose names they purport to be; and that each signer had an opportunity before signing to read the full text of the ordinance
proposed or sought to be reconsidered.
(d) Time for filing referendum petitions. Completed referendum petitions must be filed within 90 days after the effective date of the ordinance sought to be reconsidered.
Section 6.06. - Procedure to filing.
(a) Certificate of city clerk; amendment. Within 20 days after the initiative or referendum petition is filed, the city clerk or other official designated by the council
shall complete a certificate as to its sufficiency, specifying, if it is insufficient, the particulars wherein it is insufficient and shall promptly send a copy of the certificate to the petitioner's committee by registered mail. Grounds for insufficiency are only those specified in section 6.05 hereof. A petition certified insufficient for lack of the required number of valid signatures may be amended once if the petitioners'
committee files a notice of intention to amend with the city clerk or other official designated by the council within two working days after receiving the copy of the city clerk's certificate and files a supplementary petition within ten days after receiving the copy of such certificate. The supplementary petition shall comply with the requirements of subsections (b) and (c) of section 6.05 hereof and within five
days after it is filed the city clerk or other official designated by the council shall complete a certificate as to the sufficiency of the petition as amended and promptly send a copy of such certificate to the petitioner's committee by registered mail as in the case of an original petition. If a petition or amended petition is certified insufficient, or if a petition or amended petition is certified insufficient and the
petitioner's committee does not elect to amend or request council review under subsection (b) of this section within the time required, the city clerk or other official designated by the council shall promptly present the certificate to the council and the certificate shall then be a final determination as to the sufficiency of the petition.
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(b) Council review. If a petition has been certified insufficient and the petitioner's committee does not file a notice of intention to amend it or if an amended petition has been certified insufficient, the committee may, within two working days after
receiving the copy of such certificate, file a request that it be reviewed by the
council. The council shall within 30 days review and approve or disapprove it, and the council's determination shall then be a final determination as to the sufficiency of the petition.
Section 6.07. - Referendum petitions; suspension of effect of ordinance.
When a referendum petition is filed with the city clerk or other official designated by
the council, the ordinance sought to be reconsidered shall be suspended from taking effect. Such suspension shall terminate when:
(a). There is a final determination of insufficiency of the petition, or
(b). The petitioners' committee withdraws the petition, or
(c). The council repeals the ordinance, or
(d). Tabulation of the ballots cast by the voters of the city on the ordinance has been certified and repeal of the ordinance has failed.
Section 6.08. - Action on petitions.
(a) Action by council. When an initiative or referendum petition has been determined sufficient, the council shall promptly consider the proposed initiative ordinance in the
manner provided in Article II or reconsider the referred ordinance by voting its repeal. If the council fails to adopt a proposed initiative ordinance without any change in substance within 60 days or fails to repeal the referred ordinance within 30 days after the date the petition was finally determined sufficient, it shall submit the proposed or referred ordinance to the voters of the city.
(b) Submission to voters. The vote of the city on a proposed or referred ordinance shall be held not less than 90 days and not later than 150 days from the date that the petition was determined sufficient. If no regular city election is to be held within the period prescribed in this subsection, the council shall provide for a special election; otherwise, the vote shall be held at the same time as such regular election,
except that the council may in its discretion provide for a special election at an earlier date within the prescribed period. Copies of the proposed or referred ordinance shall be made available at the polls.
(c) Withdrawal of petitions. An initiative or referendum petition may be withdrawn at any time prior to the 15th day preceding the day scheduled for a vote of the city by
filing with the city clerk or other official designated by the council a request for withdrawal signed by at least four members of the petitioners' committee. Upon the filing of such request, the petition shall have no further force or effect and all proceedings thereon shall be terminated.
Section 6.09. - Results of election.
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(a) Initiative. If a majority of the voters voting on a proposed initiative ordinance vote in its favor, it shall be considered adopted upon certification of the election results and shall be treated in all respects in the same manner as an ordinance of the same
kind adopted by the council except that it may not be repealed until after the next
regular city election. If conflicting ordinances are approved at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict.
(b) Referendum. If a majority of the voters voting on a referred ordinance vote against
the referred ordinance, it shall be considered repealed upon certification of the
election results and may not be reenacted in substance until after the next regular city election.
(Ord. No. 6375-99, § 4, 1-21-99/3-9-99)
ARTICLE VII. - GENERAL PROVISIONS
Section 7.01. - Charter amendment.
(a) Initiation by ordinance. In addition to charter amendments otherwise authorized by law, the council may, by ordinance, propose amendments to any part or all of this charter, except Article I, section 1.02, prescribing boundaries, and upon passage of the initiating ordinance shall place the proposed amendment to a vote at the next general election held within the city or at a special election called for such purpose.
(b) Initiation by petition.
1. The voters of the city may propose amendments to this Charter, except Article I, section 1.02, prescribing boundaries, in the manner set forth in Article VI, section 6.05(a)—(c).
2. Upon certification of the sufficiency of the petition by the city clerk, the council
shall place the proposed amendment to a vote of the voters at the next general or special election held not less than 90 days nor more than 150 days after certification.
Section 7.02. - Charter review advisory committee.
Commencing in January 2029, The council shall appoint a charter review advisory
committee in January, 1994, and at least every five eight years thereafter, provided the appointments are made in January of a year preceding a city election, the Council shall appoint a Charter Review Advisory Committee. The charter review advisory committee shall be composed of not less than ten members. It shall review the existing charter and make recommendations to the council for revisions thereto.
ARTICLE VIII. - NOMINATIONS AND ELECTIONS
Section 8.01. - Qualified voters.
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Any person who is a resident of the city who has qualified as a voter of Florida, and Pinellas County, and who registers in the procedural manner prescribed by law, shall be a qualified voter of the city.
Section 8.02. - Nonpartisan elections.
All nominations and elections for council shall be conducted on a nonpartisan basis without regard for or designation of political party affiliation of any nominee on any nomination petition, ballot, or political advertisement under the control of the candidate.
(Ord. No. 6375-99, § 5, 1-21-99/3-9-99)
Section 8.03. - Form of ballots.
The council shall by ordinance prescribe the form of the ballot and the method conducting all elections of the city.
(a) Council ballots. Candidates for seats on the council shall be grouped according to the seat number for which they are candidates. Within each group, names shall be placed on the ballot alphabetically. No candidate may seek
election to more than one seat in any election.
(b) Charter amendment. A charter amendment to be voted on by the voters of the city shall be presented for voting by ballot title. The ballot title of a measure may differ from its legal title and shall be a clear, concise statement describing the substance of the measure without argument or prejudice. Below the ballot title shall appear the
following question: "Shall the above described (ordinance) (amendment) be adopted?" Immediately below such question shall appear, in the following order, the word "yes" and also the word "no" with a location thereafter to indicate the voter's choice.
Section 8.04. - Nominations.
The names of candidates for council shall be placed upon the ballot by the filing of a
written notice of candidacy with the city clerk at such time and in such manner as may be prescribed by ordinance.
Where only one candidate qualifies for nomination to a seat on the council, then no general election shall be held with respect to the seat and the candidate shall be
declared elected to the seat.
(Ord. No. 7235-03, § 2, 12-18-03/3-9-04)
Section 8.05. - Elections.
(a) Council positions. All members of the city council shall be elected at large. The candidate receiving the largest number of votes among the candidates for that seat
shall be elected.
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(b) Regular elections. Regular city elections shall be held on the second Tuesday in March of each year in which a council term expires.
(c) Special elections. Special municipal elections may be called by the council at any
time for such purposes as are authorized by law.
(d) The Pinellas County Canvassing Board shall serve as the City of Clearwater's canvassing board, unless otherwise provided by ordinance.
(Ord. No. 7904-07, § 1, 11-15-07/1-29-08; Ord. No. 7991-08, § 1, 8-7-08/11-4-08)
Section 8.06. - Candidate vacancy.
If the death, withdrawal or removal from the ballot of a candidate occurs after the
end of the qualifying period and leaves fewer than two candidates for an office, then the qualifying period shall be extended to the latest date on which a name can be added to the ballot. If a name cannot be added to the ballot, the remaining candidate shall be declared elected.
ARTICLE IX. - FISCAL MANAGEMENT PROCEDURE
The city's fiscal management procedure shall include provisions relating to the operating budget, capital budget, and capital program, and provide for hearings on the budget, capital budget, and capital program and the amendment of the budget following adoption.
(Ord. No. 7904507, § 1, 11-15-07/1-29-08)
ARTICLE X. - TRANSITION SCHEDULE
Section 10.01. - Continuation of former charter provisions.
All provisions of Chapter 9710, Special Acts of 1923, Florida Legislature, as amended by special law or otherwise, which are not embraced herein and which are not inconsistent with this charter shall become ordinances of the city subject to modification
or repeal in the same manner as other ordinances of the city.
Section 10.02. - Ordinances preserved.
All ordinances in effect upon the adoption of this charter to the extent not inconsistent herewith, shall remain in force until repealed or changed as provided herein.
Section 10.03. - Rights of officers and employees.
Except as is specifically provided herein, nothing in this charter shall affect or impair
the rights or privileges of persons who are city officers or employees at the time of adoption. City council members shall continue to hold their offices until their successors are elected.
Section 10.04. - Pending matters.
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All rights, claims actions, orders, contracts and legal or administrative proceedings involving the city shall continue except as modified pursuant to the provisions of the charter.
Section 10.05. - Schedule.
This charter shall be in full effect for all purposes on and after approval by a majority of the electors voting in a valid election to be called for such purpose, and upon being filed with the secretary of state.
Appendix A
That portion of city-owned land bounded on the north by the right-of-way of Drew
Street, on the east by the right-of-way of Osceola Avenue, on the south of the right-of-way of Pierce Street, and on the west by the waters of Clearwater Harbor, lying below the 28 mean sea level elevation, together with the following described tract: Beginning at the northeast corner of section 16, township 29 south, range 15 east,
Pinellas County, Florida, and run thence west along the north line of said section,
1320.0 feet; thence south along the west line of the east one-half of the northeast one-quarter of said section 16, 1526.16 feet to an intersection with an easterly projection of the centerline of Pierce Street; thence south 89°45'00" W along the centerline of Pierce Street, 418 feet to an iron stake set in a projection of the west
line of Osceola Avenue as extended across Pierce Street; thence south 20 feet
along this projection of the southwest corner of the intersection of Pierce Street and Osceola Avenue; thence south 88°18'42" W along the south line of Pierce Street, 375 feet to the point of beginning; thence continue south 88°18'42" W, 270.89 feet along said south line of Pierce Street to the east right-of-way line of Pierce
Boulevard; thence south 19°24'39" east along aforesaid east right-of-way along a
curve to the right, chord 157.24 feet, arc 157.41 feet, radius 980 feet; thence north 88°18'46" east, 120.42 feet; thence north 0°14'32" west, 50 feet; thence north 88°18'42", 100 feet; thence north 0°14'32" west, 99.80 feet to the point of beginning less and except that portion of the above described tract designated for the
Bandshell Site.
Appendix B
Beginning at the Northeast corner of Lot 1 of Rompon's & Baskin's Corrected Map of Causeway Business District, according to the plat thereof as recorded in Plat Book 57, Pages 1 and 2, Public Records of Pinellas County, Florida, for a
POINT OF BEGINNING, said point being said Westerly right-of-way line of
Osceola Avenue; run thence S 01°26'17" E, along said Westerly right-of-way line of Osceola Avenue, 224.38 feet, to the Northerly right-of-way line of Cleveland Street; thence N 89°58'26" W, along said Northerly right-of-way line of Cleveland Street, 403.55 feet; thence N 00°00'15" W, along a line West of
the existing Harborview Center Building, 217.30 feet; thence along a line
Northerly of said Harborview Center Building the following two courses, S 89°58'26" E, 187.20 feet; thence N 88°07" 14" E, 210.85 feet to the POINT OF BEGINNING.