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11/07/2019Thursday, November 7, 2019 6:00 PM City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 Main Library - Council Chambers City Council Meeting Agenda November 7, 2019City Council Meeting Agenda Welcome. We are glad to have you join us. If you wish to address the Council, please complete a Comment Card. Comment Cards are on the right-hand side of the dais by the City Clerk. When recognized, please hand your card to the Clerk, approach the podium and state your name. Persons speaking before the City Council shall be limited to 3 minutes unless otherwise noted under Public Hearings. For other than "Citizens to be heard regarding items not on the Agenda," a spokesperson for a group may speak for 3 minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of 10 minutes. Prior to the item being presented, please obtain the form to designate a spokesperson from the City Clerk. Up to 60 minutes of public comment will be allowed for an agenda item. No person shall speak more than once on the same subject unless granted permission by the City Council. The City of Clearwater strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior to the meeting if you require special accommodations at 727-562-4090. Assisted Listening Devices are available. Kindly refrain from using cell phones and electronic devices during the meeting. 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by governmental agencies or groups providing formal updates to Council will be limited to ten minutes.) 4.1 Clearwater Jazz Holiday - Steve Weinberger, President & CEO 4.2 Suncoast Jazz Classic Weekend Proclamation - Joan Dragon, Director of the Suncoast Jazz Festival 4.3 Hispanic Heritage Concert - Neil Fernandez, Station Manager, 92.5 Maxima 4.4 Pinellas Community Foundation Presentation - Duggan Cooley, CFRE CEO 5. Approval of Minutes 5.1 Approve the minutes of the October 16, 2019 City Council Meeting as submitted in written summation by the City Clerk. 6. Citizens to be heard re items not on the agenda Page 2 City of Clearwater Printed on 11/7/2019 November 7, 2019City Council Meeting Agenda 7. Consent Agenda The Consent Agenda contains normal, routine business items that are very likely to be approved by the City Council by a single motion. These items are not discussed, and may all be approved as recommended on the staff reports. Council questions on these items were answered prior to the meeting. The Mayor will provide an opportunity for a Councilmember or a member of the public to ask that an item be pulled from the Consent Agenda for discussion. Items pulled will receive separate action. All items not removed from the Consent Agenda will be approved by a single motion of the council. 7.1 Approve 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. (consent) 7.2 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). 7.3 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) 7.8 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) 7.4 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) 7.5 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) 7.6 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) Page 3 City of Clearwater Printed on 11/7/2019 November 7, 2019City Council Meeting Agenda 7.9 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) 7.7 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) 7.10 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) 7.11 Reappoint Daniel Engel and Michael R. Mannino to the Municipal Code Enforcement Board with terms to expire October 31, 2022. (consent) 7.12 Appoint Jonathan Barnes to the Public Art and Design Board as a citizen representative to fill the remainder of an unexpired term through April 30, 2021. (consent) 7.13 Amend City Council Policies 2-2, Audit Committee, 3-7, Information Available to the Public and Press, and add City Council Policy 8-5, Renaming City Parks. (consent) 7.14 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) Public Hearings - Not before 6:00 PM 8. Administrative Public Hearings - Presentation of issues by City staff - Statement of case by applicant or representative (5 min.) - Council questions - Comments in support or opposition (3 min. per speaker or 10 min maximum as spokesperson for others that have waived their time) - Council questions - Final rebuttal by applicant or representative (5 min.) - Council disposition Page 4 City of Clearwater Printed on 11/7/2019 November 7, 2019City Council Meeting Agenda 8.1 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) 9. Second Readings - Public Hearing 9.1 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. 9.2 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). 9.3 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). 9.4 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. 9.5 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. Page 5 City of Clearwater Printed on 11/7/2019 November 7, 2019City Council Meeting Agenda 9.6 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). 9.7 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). 9.8 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. 9.9 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). 9.10 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). 9.11 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. 9.12 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). 9.13 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). 11. City Manager Reports 10.1 Establish a Sister Cities Relationship with Bourges, France and adopt Resolution 19-35. Page 6 City of Clearwater Printed on 11/7/2019 November 7, 2019City Council Meeting Agenda 10.2 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. 10.3 Approve the 2020 State Legislative Agenda. 10.4 2019 Charter Review Committee Report - Mike Mannino, Chair 12. City Attorney Reports 13. Other Council Action 12.1 City Manager/City Attorney Salary Discussion 14. Closing comments by Councilmembers (limited to 3 minutes) 15. Closing Comments by Mayor 16. Adjourn Page 7 City of Clearwater Printed on 11/7/2019 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#19-7077 Agenda Date: 11/7/2019 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by government agencies or groups providing formal updates to Council will be limited to ten minutes.) In Control: Council Work Session Agenda Number: 4.1 SUBJECT/RECOMMENDATION: Clearwater Jazz Holiday - Steve Weinberger, President & CEO SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 11/7/2019 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#19-6920 Agenda Date: 11/7/2019 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by government agencies or groups providing formal updates to Council will be limited to ten minutes.) In Control: Council Work Session Agenda Number: 4.2 SUBJECT/RECOMMENDATION: 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 11/7/2019 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#19-7076 Agenda Date: 11/7/2019 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by government agencies or groups providing formal updates to Council will be limited to ten minutes.) In Control: Council Work Session Agenda Number: 4.3 SUBJECT/RECOMMENDATION: 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 11/7/2019 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#19-6962 Agenda Date: 11/7/2019 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by government agencies or groups providing formal updates to Council will be limited to ten minutes.) In Control: Council Work Session Agenda Number: 4.4 SUBJECT/RECOMMENDATION: Pinellas Community Foundation Presentation - Duggan Cooley, CFRE CEO SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 11/7/2019 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#19-6963 Agenda Date: 11/7/2019 Status: Agenda ReadyVersion: 1 File Type: MinutesIn Control: City Council Agenda Number: 5.1 SUBJECT/RECOMMENDATION: Approve the minutes of the October 16, 2019 City Council Meeting as submitted in written summation by the City Clerk. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 11/7/2019 City Council Meeting Minutes October 16, 2019 Page 1 City of Clearwater City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 Meeting Minutes Wednesday, October 16, 2019 6:00 PM Main Library - Council Chambers City Council Draft City Council Meeting Minutes October 16, 2019 Page 2 City of Clearwater Roll Call Present: 5 - Mayor George N. Cretekos, Councilmember Jay Polglaze, Councilmember Hoyt Hamilton, Vice Mayor Bob Cundiff and Councilmember David Allbritton Also Present: William B. Horne II – City Manager, Micah Maxwell – Assistant City Manager, Michael Delk – Assistant City Manager, Pamela K. Akin City Attorney, Rosemarie Call – City Clerk and Nicole Sprague – Official Records & Legislative Services Coordinator. To provide continuity for research, items are listed in agenda order although not necessarily discussed in that order. Unapproved 1. Call to Order – Mayor Cretekos The meeting was called to order at 6:00 p.m. in Council Chambers at the Main Library. 2. Invocation – Bishop Joseph A. Meyers, III from The Church of Jesus Christ of Latter-Day Saints. 3. Pledge of Allegiance – Councilmember Hamilton 4. Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by governmental agencies or groups providing formal updates to Council will be limited to ten minutes.) – Given. 4.1 October Service Awards Two service awards were presented to city employees. The September 2019 Employee of the Month Award was presented to Shane Miller, Marine and Aviation. 4.2 Red Ribbon Week Proclamation, October 23-31, 2019 - Michele Edwards, Clearwater Neighborhood Family Center 4.3 Domestic Violence Awareness Month Proclamation, October 2019 - Kirk Ray Smith, Draft City Council Meeting Minutes October 16, 2019 Page 3 City of Clearwater President and CEO of RCS and Melinda Perry, COO of RCS. 4.4 Manufacturing Month Proclamation, October 2019 - Bay Area Manufacturers Association 4.5 Florida City Government Week Proclamation, October 21-27, 2019 - Nicole Sprague, Official Records and Legislative Services 5. Approval of Minutes 5.1 Approve the minutes of the October 3, 2019 City Council Meeting as submitted in written summation by the City Clerk. Councilmember Allbritton moved to approve the minutes of the October 3, 2019 City Council Meeting as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. 6. Citizens to be heard re items not on the agenda Lina Teixeira reviewed recent contributions to Downtown made by the private sector and thanked them for their partnership with the City and local merchants and efforts in sharing Downtown's positive story telling. 7. Consent Agenda – Approved as submitted. 7.1 Approve a local government contribution of $747,000 in General Fund Reserves to be set aside as a commitment for the Minimum Local Government Areas of Opportunity Funding that is required for Blue Sky Communities to receive a basis boost in the State of Florida’s Low Income Housing Tax Credit Program (LIHTC) for an 81-unit affordable housing development project at 610 Franklin Street; approve Section 15.18 and 15.21 of the Development Agreement between the Community Redevelopment Agency of the City of Clearwater and Blue Sky Communities, LLC (Blue Sky) and authorize the appropriate officials to execute same. (consent) 7.2 Approve a draw request in the amount of $2,648,244.15 from the SunTrust Master Lease/Purchase Agreement 10481 line of credit to reimburse expenditures for equipment as listed in Exhibit A, authorize the City’s Finance Director to approve future draw requests on the credit line and authorize the appropriate officials to execute same. (consent) 7.3 Authorize the piggyback of State of Florida Contract No. 84121500-15-01, Purchasing Card Program, with Bank of America, for the term of October 2019 through December Draft City Council Meeting Minutes October 16, 2019 Page 4 City of Clearwater 2020, pursuant to Clearwater Code of Ordinances Section 2.564 (1)(d) Other Government Entities Bids and authorize the appropriate officials to execute same. (consent) 7.4 Accept a Natural Gas Easement over, under, across and through a portion of property conveyed by Marina Del Rey Un B Assn, whose principal address is 1571 Gulf Boulevard, Clearwater, given in consideration of receipt of $1.00 and the benefits to be derived therefrom. (consent) 7.5 Renew Grant and Financial Assistance Agreement between the Florida Department of Law Enforcement and the City of Clearwater, to facilitate a current mutual aid agreement between the two entities, effective upon execution through June 30, 2020, and authorize the appropriate officials to execute same. (consent) 7.6 Authorize the piggyback of City of St. Petersburg Contract for Security Cameras, Installation, Maintenance, and Repairs, to GSA Security, Inc. of Tampa, FL; in the amount of $400,000 for the 3-year term expiring on June 24, 2022, pursuant to Clearwater Code of Ordinances Section 2.564(1)(d) Exceptions to Bid - Other Government Entities’ Bids and authorize the appropriate officials to execute same. (consent) 7.7 Authorize piggyback of Florida State Contract DMS-10/11-008C, for basic cellular/smart phones and mobile data services, with Verizon Wireless, in an amount not to exceed $690,000 for the period October 1, 2019 through September 30, 2020, pursuant to Clearwater Code of Ordinances Section 2.564 (1)(d) Other Government Entities Bids; and authorize the appropriate officials to execute same. (consent) 7.8 Authorize piggyback of Florida State Contract DMS-08/09-071, for SunCom long distance service, State AIN Centranet lines, and toll-free lines, in an amount not to exceed $134,200 for the period October 1, 2019 through September 30, 2020, pursuant to Clearwater Code of Ordinances Section 2.564 (1)(d) Other Government Entities Bids and authorize the appropriate officials to execute same. (consent) 7.9 Approve Docking Agreement between the City of Clearwater and The Sandpearl Resort, LLC for the shared docking facility located adjacent to the Beach Recreation Center and authorize the appropriate officials to execute same. (consent) 7.10 Authorize establishment of new capital improvement project, C-2005-NORD Underground Refuse Program and project purchases for a total budget amount of $1,570,090, which includes Construction Management at Risk Services from Biltmore Construction Co. Inc. in the amount of $650,500, a truck chassis from Kenworth of Central Florida in the amount of $235,214, and NORD Underground Refuse Systems in Draft City Council Meeting Minutes October 16, 2019 Page 5 City of Clearwater the amount of $470,139, all in accordance with Clearwater Code of Ordinances Section 2.564(1)(d) Other Government Entities Bids and authorize the appropriate officials to execute same. (consent) 7.11 Approve the purchase of HVAC replacement and repair parts, for an annual not to exceed amount of $350,000 for Fiscal Year 19/20, to vendors as listed, in accordance with Clearwater Code of Ordinances Section 2.564(1)(d) Other Government Entities Bids, to include other sourced vendors as required, and authorize the appropriate officials to execute same. (consent) 7.12 Authorize the award of Invitation to Bid Number 47-19, Police Vehicle Upfitting Services, to Enforcement One, Inc. of Oldsmar, FL, in the annual not-to-exceed amount of $300,000.00, to include two one-year renewal terms at the City's option and authorize the appropriate officials to execute same. (consent) Councilmember Hamilton moved to approve the Consent Agenda as submitted and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. Public Hearings - Not before 6:00 PM 8. Administrative Public Hearings 8.1 Declare surplus, for the purpose of donation for development of affordable housing, real property located at 1304 North Madison Avenue together with vacated right-of-way per city Ordinance 9327-19; approve the Real Property Donation Agreement between the City and Habitat for Humanity of Pinellas County, Inc. and allow the appropriate officials to execute same, together with all other instruments required to affect closing. (APH) Property located at 1304 N. Madison Avenue (Parent Parcel) is currently vacant, and it is identified by Resolution 19-10 as a city-owned property appropriate for use as affordable housing (Pinellas County Property I.D. 10-29-15-26892-007-0110). Property formerly identified as city right-of-way, vacated by city Ordinance 9327-19 (Additional Parcel), will be combined with the Parent Parcel under the Donation Agreement. The City acquired the Parent Parcel earlier this year through foreclosure of code enforcement liens. The Additional Parcel was acquired in 1946. The City will retain a utilities easement over the Additional Parcel. The combined parcels (Property) are located within the North Greenwood Neighborhood Revitalization Strategy Area which is identified in the city’s Draft City Council Meeting Minutes October 16, 2019 Page 6 City of Clearwater Consolidated Plan. The Property is suitable for construction of a single-family home. Habitat for Humanity of Pinellas County is planning to construct a seven-bedroom home on the Property. The Property is described as follows: LOT 11 AND LOT 12 LESS THE SOUTH 20.00' FEET, BLOCK G, FAIRMONT SUBDIVISION, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 9, PAGE 85, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. A staff appraisal valued the property at $42,700 on September 30, 2019. According to Section 2.01(d)(5)(i) of the Clearwater City Charter, the City Council may approve the donation or sale for less than fair market value of city-owned property of not more than one-half acre in size for workforce or affordable housing following a public hearing. The property is approximately 0.244 acres (10,635 square feet). Councilmember Allbritton moved to declare surplus, for the purpose of donation for development of affordable housing, real property located at 1304 North Madison Avenue together with vacated right-of-way per city Ordinance 9327-19; approve the Real Property Donation Agreement between the City and Habitat for Humanity of Pinellas County, Inc. and allow the appropriate officials to execute same, together with all other instruments required to affect closing. The motion was duly seconded and carried unanimously. 8.2 Deny amendments to the Clearwater Community Development Code to expand the geographical area within the Regional Center Subdistrict of the US 19 District where self-storage warehouses are currently allowed on a limited number of parcels, to allow the use on certain parcels 1.1 to 1.2 acres in area with frontage on Seville Boulevard, and do not pass Ordinance 9308-19 on first reading. (TA2019-06002) Pursuant to Community Development Code Section 4-601.B, amendments to the Code may be initiated by the City Council, the Community Development Coordinator, or by any person in conjunction with an application for a development approval. BDG Properties, owner of property located at 2611 Seville Boulevard, submitted an application for a text amendment to expand the area within the Regional Center Subdistrict of the US 19 zoning district where self-storage warehouses are allowed, in conjunction with the required development application. The owner has a pending purchase agreement with RK Development Partners, LLC, a firm which wants to construct a 900-unit self-storage warehouse with 4,500 square feet of office/retail on the property. Self-storage warehouses are allowed as a flexible standard use in the US 19 District in the following locations: • Corridor Subdistrict: No parcel size or locational restrictions Draft City Council Meeting Minutes October 16, 2019 Page 7 City of Clearwater • Regional Center Subdistrict: On parcels of .75 acres to .9 acres in size that existed on or before October 17, 2018 with Street Frontage Type C that do not have any other Street Frontage Type (per Ordinance 9161-18 adopted on November 1, 2018) Proposed Ordinance 9308-19 would expand the allowance of this use by also permitting it in the Regional Center Subdistrict on parcels of 1.1 acres to 1.2 acres in size fronting Seville Boulevard that existed on or before June 3, 2019 as a flexible standard use. The specific locational requirements effectively limit the amendment, so it applies only to one property, 2611 Seville Boulevard. The same use specific standards previously established in the 2018 amendment for those warehouses located in the Regional Center Subdistrict would continue to apply to this new parcel. The applicant is utilizing the text amendment process to afford development rights to the owner of only one property (1.13 acres) located on a specific street (Seville Boulevard), out of 660 properties located within the Regional Center Subdistrict. Regulatory devices like land development regulations should apply to a majority of properties within a zoning district. This property is located on the border of the Corridor and Regional Center Subdistricts, directly abutting parcels designated as US 19 Corridor on the Future Land Use Map and in the Corridor Subdistrict. The US 19 Zoning District and Development Standards includes the procedures for requesting amendments to the Future Land Use Map and to change the US 19 Subdistrict for property, which is the appropriate process for requesting a change affecting a single parcel within the US 19 District. A summary of the city’s efforts focused on the redevelopment of the US Highway 19 corridor is provided in the staff report (Table 1). The goal for all of these efforts is to reposition the corridor to make Clearwater a more economically competitive, sustainable, and livable community, and the city has seen renewed investment along US 19 since rezoning the corridor in 2017. The Planning and Development Department determined that the proposed ordinance is inconsistent with the standards for review in Clearwater Community Development Code which apply to text amendments as specified below (Section 4-601.F): • The proposed amendment is inconsistent with and does not further the goals, policies and objectives of the Comprehensive Plan; and • The proposed amendment will not further the purposes of the development code and other city ordinances and actions designed to implement the plan. As a whole, the self-storage warehouse use does not support the goals of the activity centers on US Highway 19 as designated on the Citywide Design Structure and does not prioritize or support an employment producing or transit supportive land use in the Regional Center; therefore, expansion of this use in the Regional Center Subdistrict would be inconsistent with the Comprehensive Plan, Clearwater Greenprint, Clearwater Economic Development Strategic Plan, US 19 Corridor Redevelopment Plan and the Clearwater Comprehensive Draft City Council Meeting Minutes October 16, 2019 Page 8 City of Clearwater Plan and is inconsistent with the purposes of the Community Development Code. The Planning and Development Department recommends denial of the proposed text amendment. The Community Development Board, after conducting a public hearing on September 17, 2019, recommended denial of the application by a vote of 5 to 2. In response to questions, Planning Manager Lauren Matzke said if the applicant pursued the map amendment, the proposed project would be approximately 44,000 sq. ft. smaller and over 300 fewer storage units. The maximum square-footage allowed in the corridor subdistrict is 74,000. The regional center allows up to 150 ft. in height but the corridor sub-district allows 100 ft. Ms. Matzke said the proposed project is will be 96 ft. with 8 stories. Planning and Development Director Gina Clayton said staff has not conducted a detailed analysis on a land use plan amendment but there are points in the map that would make a map amendment application appropriate. The applicant has not presented a land use plan amendment request. Applicant Representative Brian Aungst reviewed the request and said the application does not inhibit the implementation of the US 19 plan. The process pursued by the applicant is legal and available to any property owner in Clearwater. The US 19 plan is unlike any other plan in Clearwater; there is only US 19 zoning with its own specific sub-districts. He said any change to any property in the US 19 plan requires a text amendment as part of the application. Even if the applicant chose to do a comprehensive countywide plan map amendment, a text amendment would still be required. The request before Council was evaluated by Forward Pinellas staff and was found to be consistent with the countywide rules. Mr. Aungst said the applicant followed the same process the Denny's applicant was told to pursue, the text amendment process. RK Dev. Partners LLC representative, Mr. Reed Hayden said the proposed site is small and has an awkward shape. Due to the location, it was determined a retail use would not work because of poor traffic flow and poor visibility from US 19. He said office and residential uses were also considered but it was determined neither use would be suitable because a parking garage was not feasible. The project proposes 18 parking spaces; 10 additional spaces may be possible. Mr. Hayden said there is approximately 7,000 sq. ft. of potential office-retail space; the project is proposing 6,000 sq. ft. of office-retail space. In response to questions, Mr. Aungst said the residential neighbors to Draft City Council Meeting Minutes October 16, 2019 Page 9 City of Clearwater the east have not provided a response; the apartment units are leased out and are not homesteaded. The 2.5 FAR density is allowed in the regional center. Staff has identified the site for intense development but that type of development will not occur because of the parking requirement. The project is over 110 feet away from the closest residential building. Mr. Aungst said the residential building has a wall on the applicant's property that the applicant will maintain; the existing trees will remain as well. Mr. Hayden said the residential building is 3-stoies high; the proposed self storage facility will be 8-stories high, which is below 100 ft. Mr. Aungst said the Community Development Board recommended denial; the two attorneys on the board voted in the majority. One individual spoke in opposition. Ms. Clayton said staff believes there are other locations in the corridor that allows self storage facilities. The new self storage on Duncan Avenue and the one being built on US 19 will add 1,500 new self storage units to the market. She said process is critical because, in this case, Council is affording someone rights that other property owners do not have. Staff suggested the applicant follow the appropriate process. If Council supports self storage in the regional centers, staff believes it should be looked at holistically and amend the code to allow it. Mr. Hayden said self-storage does not generate traffic but allows one to build to the intensity envisioned within the plan because there isn't much of a parking requirement. The project will be designed appropriately for the area and will look like an office building. Mr. Aungst said density is not before the Council and that there is compelling evidence to support the legislative decision. The project will include installing a sidewalk, streetscaping, interconnectivity between the parcels and will activate the site with 6,000 sq. ft. of retail-office space. Discussion ensued with comments made that the subject property has been vacant for a long time, the 7-11 owner does not desire to consolidate property with the subject site, the project will provide storage space for the new 1,800 housing units being constructed within 0.5 miles. A concern was expressed that staff spent a lot of time developing the US 19 corridor plan and that the Community Development Board recommended denial. Vice Mayor Cundiff moved to deny amendments to the Clearwater Community Development Code to expand the geographical area within the Regional Center Subdistrict of the US 19 District where Draft City Council Meeting Minutes October 16, 2019 Page 10 City of Clearwater 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. The motion was duly seconded and failed with the following vote: Ayes: 1 - Mayor Cretekos Nays: 4 - Councilmember Polglaze, Councilmember Hamilton, Vice Mayor Cundiff and Councilmember Allbritton Request to deny failed. Ordinance 9308-19 was presented and read by title only. Councilmember Polglaze moved to pass Ordinance 9308-19 on first reading. The motion was duly seconded and upon roll call, carried with the following vote: Ayes: 4 - Councilmember Polglaze, Councilmember Hamilton, Vice Mayor Cundiff and Councilmember Allbritton Nays: 1 - Mayor Cretekos 8.3 Approve the annexation, initial Future Land Use Map designation of Industrial Limited (IL) and initial Zoning Atlas designation of Industrial, Research and Technology (IRT) District for 2108 Palmetto Street, and pass Ordinances 9309-19, 9310-19 and 9311-19 on first reading. (ANX2019-07014) This voluntary annexation petition involves a 0.895-acre property consisting of one parcel of land which is currently occupied by a single-family dwelling. Previously, the property had been used by a vehicle repair business; however, that use is no longer there. The property is located on the north side of Palmetto Street approximately 1,080 feet west of North Belcher Road. The applicant is requesting annexation in order to receive solid waste service from the city and would like to utilize the property in conjunction with the parcel to the east, which is also owned by the applicant. The property is contiguous to existing city boundaries on all sides, and annexation of the property will eliminate an enclave. It is proposed that the property be assigned a Future Land Use Map designation of Industrial Limited (IL) and a Zoning Atlas designation of Industrial, Research & Technology (IRT). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Community Development Code Draft City Council Meeting Minutes October 16, 2019 Page 11 City of Clearwater Section 4-604.E as follows: • The property currently receives water service from the City. Sanitary sewer is not readily available to the property. Collection of solid waste will be provided by the City of Clearwater. The property is located within Police District III and service will be administered through the district headquarters located at 2851 N. McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station #48 located at 1700 North Belcher Road. The City has adequate capacity to serve this property with solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and • The proposed annexation is consistent with and promotes the following objectives and policy of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. • The proposed Industrial Limited (IL) Future Land Use Map category is consistent with the current Countywide Plan designation of the property. This designation primarily permits nonresidential uses at a floor area ratio (FAR) of 0.65. The proposed zoning district to be assigned to the property is the Industrial, Research & Technology (IRT) District. The existing detached dwelling has remained unchanged since constructed in 1947; however, this residential use is not allowed in the Industrial, Research & Technology (IRT) District. The owner has been advised that this would be a nonconforming use within the City and is aware of the provisions of Community Development Code Article 6 Nonconformity Provisions which apply to this property once annexed into the City. Additionally, any future use would be required to meet the standards of the Industrial, Research & Technology (IRT) District.; and • The property proposed for annexation is contiguous to existing city boundaries on all sides; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. Vice Mayor Cundiff moved to approve the annexation, initial Future Land Use Map designation of Industrial Limited (IL) and initial Zoning Atlas designation of Industrial, Research and Technology (IRT) District for 2108 Palmetto Street. The motion was duly seconded and carried unanimously. Draft City Council Meeting Minutes October 16, 2019 Page 12 City of Clearwater Ordinance 9309-19 was presented and read by title only. Councilmember Hamilton moved to pass Ordinance 9309-19 on first reading. The motion was duly seconded and upon roll call, carried with the following vote: Ayes: 5 - Mayor Cretekos, Councilmember Polglaze, Councilmember Hamilton, Vice Mayor Cundiff and Councilmember Allbritton Ordinance 9310-19 was presented and read by title only. Councilmember Allbritton moved to pass Ordinance 9310-19 on first reading. The motion was duly seconded and upon roll call, carried with the following vote: Ayes: 5 - Mayor Cretekos, Councilmember Polglaze, Councilmember Hamilton, Vice Mayor Cundiff and Councilmember Allbritton Ordinance 9311-19 was presented and read by title only. Councilmember Polglaze moved to pass Ordinance 9311-19 on first reading. The motion was duly seconded and upon roll call, carried with the following vote: Ayes: 5 - Mayor Cretekos, Councilmember Polglaze, Councilmember Hamilton, Vice Mayor Cundiff and Councilmember Allbritton 8.4 Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1421 West Virginia Lane and pass Ordinances 9312-19, 9313-19, and 9314-19 on first reading. (ANX2019-07015) This voluntary annexation petition involves 0.19 acres consisting of one parcel of land occupied by a single-family dwelling. The property is located on the east side of West Virginia Lane, approximately 865 feet south of SR590. The applicant is requesting annexation to receive solid waste service from the City. The property is located within an enclave and is contiguous to existing city limits to the west. It is proposed that the property be assigned a Future Land Use Map designation of Residential Low (RL) and a Zoning Atlas designation of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: • The property currently receives water and sanitary sewer service from the City. Collection of solid waste will be provided for the Draft City Council Meeting Minutes October 16, 2019 Page 13 City of Clearwater property by the City of Clearwater. The property is located within Police District III, and service will be administered through the district headquarters located at 2851 N. McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station #49 located at 565 Sky Harbor Drive. The City has adequate capacity to serve this property with solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and • The proposed annexation is consistent with and promotes the following objectives and policy of the Clearwater Comprehensive Plan: Objective A.6.4: Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. • The proposed Residential Low (RL) Future Land Use Map category to be assigned to the property is consistent with the Countywide Plan designation. This designation primarily permits residential uses at a density of 5 units per acre. The proposed zoning district to be assigned to the property is Low Medium Density Residential (LMDR) District. The use of the subject property is consistent with the uses allowed in the District and the property exceeds the District’s minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and • The property proposed for annexation is contiguous to existing city limits to the west; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. Vice Mayor Cundiff moved to Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1421 West Virginia Lane. The motion was duly seconded and carried unanimously. Ordinance 9312-19 was presented and read by title only. Draft City Council Meeting Minutes October 16, 2019 Page 14 City of Clearwater Councilmember Hamilton moved to pass Ordinance 9312-19 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Councilmember Polglaze, Councilmember Hamilton, Vice Mayor Cundiff and Councilmember Allbritton Ordinance 9313-19 was presented and read by title only. Councilmember Allbritton moved to pass Ordinance 9313-19 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Councilmember Polglaze, Councilmember Hamilton, Vice Mayor Cundiff and Councilmember Allbritton Ordinance 9314-19 was presented and read by title only. Councilmember Polglaze moved to pass Ordinance 9314-19 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Councilmember Polglaze, Councilmember Hamilton, Vice Mayor Cundiff and Councilmember Allbritton 8.5 Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1861 East Drive and pass Ordinances 9318-19, 9319-19 and 9320-19 on first reading. (ANX2019-07017) This voluntary annexation petition involves 0.216 acres of property consisting of one parcel of land occupied by a single-family home. The parcel is located on the east side of East Drive approximately 223 feet south of Sunset Point Road. The applicant is requesting annexation in order to receive sanitary sewer and solid waste service from the City. The property is located within an enclave and is contiguous to existing city limits to the north, east and south. It is proposed that the property be assigned a Future Land Use Map designation of Residential Low (RL) and a Zoning Atlas designation of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Clearwater Community Development Code Section 4-604.E as follows: • The property currently receives water service from the City. The closest sanitary sewer line is located in the adjacent East Drive right-of-way. Draft City Council Meeting Minutes October 16, 2019 Page 15 City of Clearwater The applicant has paid the required sewer impact and assessment fees in full and is aware of the additional costs to extend city sewer service to the property. Collection of solid waste will be provided to the property by the City. The property is located within Police District II and service will be administered through the district headquarters located at 645 Pierce Street. Fire and emergency medical services will be provided to this property by Station #51 located at 1720 Overbrook Avenue. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and • The proposed annexation is consistent with and promotes the following objectives and policy of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. • The proposed Residential Low (RL) Future Land Use Map category to be assigned to the property is consistent with the Countywide Plan designation. This designation primarily permits residential uses at a density of 5 units per acre. The proposed zoning district to be assigned to the property is Low Medium Density Residential (LMDR). The use of the subject property is consistent with the uses allowed in the District and the property exceeds the District’s minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and • The property proposed for annexation is contiguous to existing city limits to the north, east and south; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. Councilmember Allbritton moved to approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1861 East Drive. The motion was duly seconded and carried unanimously. Ordinance 9318-19 was presented and read by title only. Councilmember Hamilton moved to pass Ordinance 9318-19 on first Draft City Council Meeting Minutes October 16, 2019 Page 16 City of Clearwater reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Councilmember Polglaze, Councilmember Hamilton, Vice Mayor Cundiff and Councilmember Allbritton Ordinance 9319-19 was presented and read by title only. Councilmember Allbritton moved to pass Ordinance 9319-19 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Councilmember Polglaze, Councilmember Hamilton, Vice Mayor Cundiff and Councilmember Allbritton Ordinance 9320-19 was presented and read by title only. Councilmember Polglaze moved to pass Ordinance 9320-19 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Councilmember Polglaze, Councilmember Hamilton, Vice Mayor Cundiff and Councilmember Allbritton 9. Second Readings - Public Hearing 9.1 Pass Ordinance 9298-19 on second reading, annexing certain real property whose post office address is 1819 Audubon Street, Clearwater, Florida 33764, together with a certain portion of Audubon Street right-of-way, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance 9298-19 was presented and read by title only. Vice Mayor Cundiff moved to pass Ordinance 9298-19 on second reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Councilmember Polglaze, Councilmember Hamilton, Vice Mayor Cundiff and Councilmember Allbritton 11. City Manager Reports 11.1 Support the Florida Gulf Coast Hope Spot and adopt Resolution 19-28. Draft City Council Meeting Minutes October 16, 2019 Page 17 City of Clearwater Hope Spots are recognized areas critical to ocean health and human communities. These areas provide at least one of the following functions: • A special abundance or diversity of species, unusual or representative species, habitats or ecosystems • Particular populations of rare, threatened or endemic species • A site with potential to reverse damage from negative human impacts • The presence of natural processes such as major migration corridors or spawning grounds • Significant historical, cultural or spiritual values • Particular economic importance to the community Hope Spots are not a legal designation or regulatory entity and do not bring any rules or restrictions to their location. There is no cost associated with an area becoming a Hope Spot. Instead, they are recognized as special locations by world-renowned biologist Dr. Sylvia Earle’s organization, Mission Blue, and advocated as sites worthy of scientific research and preservation. Mission Blue announces and promotes its Hope Spots to an extensive network of marine scientists, who may conduct studies or hold conferences in the surrounding areas. To its Hope Spots, Mission Blue facilitates funding support, collaboration between potential partners, and assists in increasing local, international, and governmental recognition. Furthermore, a Hope Spot designation promotes an area as an eco-tourism destination. The Hope Spot along Florida’s Gulf Coast will encourage an influx of visitors, be they scientists or tourists, to visit the region. This will assist the city of Clearwater’s strategic direction by increasing the economic opportunity of our area. The Hope Spot will also support the values laid out by the city’s Comprehensive Plan, which prescribes the “preservation of all living and nonliving coastal zone resources” and the “avoidance of loss of coastal zone resources.” On May 16, 2019, the City of Dunedin passed a resolution supporting Florida Gulf Coast Hope Spot. The Tampa Bay Estuary Program and Pinellas County Board of Commissioners Chair have each issued statements in support of the Hope Spot being established in the coastal waters from Apalachicola to Ten Thousand Islands Wildlife Refuge. In recognition of its benefits and alignment with city values, it is recommended that the City of Clearwater City Council issue a resolution in support of the Florida Gulf Coast Hope Spot. Councilmember Hamilton moved to support the Florida Gulf Coast Draft City Council Meeting Minutes October 16, 2019 Page 18 City of Clearwater Hope Spot. The motion was duly seconded and carried unanimously. Resolution 19-28 was presented and read by title only. Councilmember Allbritton moved to adopt Resolution 19-28. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Councilmember Polglaze, Councilmember Hamilton, Vice Mayor Cundiff and Councilmember Allbritton 11.2 Approve an agreement between the City of Clearwater (City) and Redflex Traffic Systems, Inc. (Redflex), for a Traffic Camera Safety Improvement Program, through October 30, 2024, in accordance with Clearwater Code of Ordinances Section 2.564(1) (d) Other Government Entities Bids and authorize the appropriate officials to execute same. In April 2011, the City of Clearwater issued request for proposal (RFP) 22-11, which sought proposals relating to the implementation of a Red Light Camera Safety Program. A committee, which comprised employees from the Police Department, Traffic Engineering, and the Legal Department, evaluated the submitted proposals; Redflex Traffic Systems, Incorporated, received the highest ranking. As directed by the City Council, and through negotiations with Redflex Traffic Systems, Incorporated, an agreement resulted in a six-month Red Light Camera Pilot Program. In November 2011, after a successful Red Light Camera Pilot Program, the program continued with three intersection approaches: eastbound Chestnut Street at South Fort Harrison Avenue, westbound State Road 60 (Gulf-to-Bay Boulevard) at Belcher Road, and eastbound State Road 60 (Gulf-to-Bay Boulevard) at Belcher Road. Since this time, the Clearwater Police Department has operated a Traffic Camera Safety Improvement Program utilizing red-light-camera technology. The current agreement is scheduled to expire on October 30, 2019. Under the terms of this agreement, the City of Clearwater and Redflex Traffic Systems would enter into a two-year agreement, which automatically renews for three successive, one-year period(s). The terms of the agreement are substantially similar to the expiring agreement; during the contract period, the City of Clearwater would transfer to Redflex Traffic Systems, Incorporated, monthly, the amount of $4,270.00 per intersection approach should five or fewer intersection approaches be utilized in Draft City Council Meeting Minutes October 16, 2019 Page 19 City of Clearwater the program. If more than five intersection approaches are implemented, a per month intersection approach fee of $4,100.00 would apply. In an effort to ensure negligible budgetary impact, should the derived revenues not exceed the per intersection approach fee during any given period, Redflex Traffic Systems, Incorporated, agrees to allow the City of Clearwater to defer payment of the deficit amount. At the end of the contract term, should collections be insufficient to account for the balance due, Redflex Traffic Systems, Incorporated, waives its right to collection of the deficit amount and the City of Clearwater may terminate the contract with cause. Overages in collections during any subsequent billing period would be applied to applicable monthly balance(s) in arrears. If the Florida Legislature enacts legislation repealing the statutory authorization for the City to operate a red-light-camera program, then the agreement will automatically terminate upon the effective date of the legislation; the City will not be obligated to pay any financial penalty, but would be obligated only to pay the amount owed to Redflex pursuant to EXHIBIT “D” of the Redflex Exclusive Agreement for services provided up to the effective date of the legislation. The pricing included in this agreement was previously competitively solicited and obtained through the National Cooperative Purchasing Alliance (NCPA), a national resource for public entities for similar public solicitations; the City of Clearwater is a participating member in this partnership. The pricing is unchanged from our current agreement with Redflex. APPROPRIATION CODE AND AMOUNT: Funding for this contractual agreement is included in the Police Department’s fiscal year 2019-2020 operating budget request for cost code, 0101139-530300, contractual services. Future fiscal year funding will be required through the annual Operating Budget Process. In response to questions, Police Chief Daniel Slaughter said utilizing the cameras are safer than having an officer go through an intersection. An effective deterrent is certainty; when one runs a red light, a citation will be issued. The agreement includes a 90-day cancellation clause. Three individuals spoke in opposition. One individual spoke in support. Councilmember Hamilton moved to approve an agreement between the City of Clearwater (City) and Redflex Traffic Systems, Inc. Draft City Council Meeting Minutes October 16, 2019 Page 20 City of Clearwater (Redflex), for a Traffic Camera Safety Improvement Program, through October 30, 2024, in accordance with Clearwater Code of Ordinances Section 2.564(1)(d) Other Government Entities Bids and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 11.3 Accept an Underground Communications Easement containing two easement areas (a 34-foot easement and a 50-foot easement), from Duke Energy Florida, LLC for the construction, installation and maintenance of underground communications facilities on real property located in Duke Energy Right-of-Way, West of Spectrum Field and adopt Resolution 19-31. The proposed easement will provide the City with property rights necessary for the construction, installation and maintenance of underground communications facilities within the easement that will support the new City Transfer Station and the Phillies Carpenter Complex at Spectrum Field. The City Engineering Department recommends acceptance of the easement. Councilmember Allbritton moved to accept an Underground Communications Easement containing two easement areas (a 34-foot easement and a 50-foot easement), from Duke Energy Florida, LLC for the construction, installation and maintenance of underground communications facilities on real property located in Duke Energy Right-of-Way, West of Spectrum Field. The motion was duly seconded and carried unanimously. Resolution 19-31 was presented and read by title only. Councilmember Polglaze moved to adopt Resolution 19-31. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Councilmember Polglaze, Councilmember Hamilton, Vice Mayor Cundiff and Councilmember Allbritton 11.4 Approve the First Amendment (Amendment) to that certain Contract for Sale of Real Property by the City of Clearwater, Florida between the City of Clearwater (City) and Equity Lifestyle Properties, Inc. (ELS) and authorize the appropriate officials to execute same. The City and ELS entered into that certain Contract for Sale of Real Property on November 20, 2018 (Contract) for the sale of city-owned property in Hillsborough County more particularly described as Hillsborough County folio Draft City Council Meeting Minutes October 16, 2019 Page 21 City of Clearwater numbers 001688-0000, 001689-0000, and 001697-0000. The Contract provided an opportunity for the parties to identify and memorialize certain pre-existing conditions related to the City’s prior use of the Property by mutual agreement. No such conditions were identified by mutual agreement and no addendum to the agreement was memorialized. For purposes of clarification, the parties now wish to amend Section 20 of the Agreement to reflect that the Inspection Period as defined in the Contract has passed, with no such conditions being identified. The remainder of the indemnity provisions as written shall remain intact. Vice Mayor Cundiff moved to approve the First Amendment (Amendment) to that certain Contract for Sale of Real Property by the City of Clearwater, Florida between the City of Clearwater (City) and Equity Lifestyle Properties, Inc. (ELS) and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 11.5 Authorize the recording of a lien for a total cost of $27,444.24 on the property located at 401 N. Garden Avenue, Clearwater, Florida, which has a legal description of the West ½ of Lot 11, Block 2, Hart’s addition to Clearwater, according to the map or plat thereof as recorded in Plat Book 1, Page 94, of the Public Records of Hillsborough County, Florida of which Pinellas County was formerly a part and whose owner is JPAC, LLC and adopt Resolution 19-07. The Building Official initially declared the structure found on this property unsafe under Chapter 47, Article VII of the Clearwater Community Development Code on April 27, 2016. The property owner did not appeal this decision to the Building/Flood Board of Adjustment and Appeals and therefore the Building Official had the authority to abate the unsafe condition by repair, vacation, or demolition, or any combination thereof, under Sect. 301.1 of the Standard Unsafe Building Abatement Code which was adopted by the City in Sect. 47.051(1)(e), Clearwater Community Development Code. After the property owner failed to bring the property into full compliance with code requirements, the City secured the property several times. However, the continued inaction of the property owner and certain actions of trespassers caused the structure to continue to deteriorate. The City was therefore forced to demolish the property for the safety of the public. The City has incurred $27,444.24 in demolition costs and is entitled to a lien on the property in that amount under Chapter 7 of the Standard Unsafe Building Abatement Code. Draft City Council Meeting Minutes October 16, 2019 Page 22 City of Clearwater Councilmember Hamilton moved to authorize the recording of a lien for a total cost of $27,444.24 on the property located at 401 N. Garden Avenue, Clearwater, Florida, which has a legal description of the West ½ of Lot 11, Block 2, Hart’s addition to Clearwater, according to the map or plat thereof as recorded in Plat Book 1, Page 94, of the Public Records of Hillsborough County, Florida of which Pinellas County was formerly a part and whose owner is JPAC, LLC. The motion was duly seconded and carried unanimously. Resolution 19-07 was presented and read by title only. Councilmember Allbritton moved to adopt Resolution 19-07. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Councilmember Polglaze, Councilmember Hamilton, Vice Mayor Cundiff and Councilmember Allbritton 11.6 Ratify and confirm Submerged Land Lease (SLL) between the State of Florida and the City of Clearwater for the shared docking facility adjacent to the Beach Recreation Center and authorize the appropriate officials to execute same. This shared docking facility has been operating under a Temporary Use Agreement (TUA) from the State of Florida following an ownership discrepancy until a Submerged Land Lease could be secured. This SLL authorizes a forty-two slip commercial docking facility for the mooring of recreational vessels. Fifteen or 36% of these slips are open to the public free of charge on a first come basis. The remaining twenty-seven or 64% of the slips will be used by the Sandpearl Resort under a separate Docking Agreement between the City and Sandpearl Resort, LLC. APPROPRIATION CODE AND AMOUNT: Funds are available in non-departmental cost code 0107010-544300 (rentals-land), to fund this agreement. Offsetting revenues will be coded to General Fund reimbursement revenue code 010-369903. Councilmember Polglaze moved to ratify and confirm Submerged Land Lease (SLL) between the State of Florida and the City of Clearwater for the shared docking facility adjacent to the Beach Recreation Center and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. Draft City Council Meeting Minutes October 16, 2019 Page 23 City of Clearwater The City Manager said he wanted to address the term flexibility as it relates to the Community Development Code. Staff uses flexibility within the written plan and code, however, staff does not make exceptions. Exceptions are made by Council. 12. City Attorney Reports – None. 13. Closing comments by Councilmembers (limited to 3 minutes) Councilmember Polglaze said there has been private sector involvement; the private sector has ambition and needs to be good partners. Vice Mayor Cundiff said he attended a lunch today that honored two law enforcement officers; one was CPD Officer Fredrick who loves to read to children. Councilmember Allbritton said everyone had been looking forward to the Council trip to Nagano, Japan, however a recent typhoon cancelled the trip due to the devastating destruction. Councilmember Hamilton said the typhoon that hit Nagano, Japan was the equivalent to a Category 4 or 5 hurricane and it will take them awhile to recover; he extended thoughts and prayers. He wished everyone a safe and enjoyable Jazz Holiday. 14. Closing Comments by Mayor Mayor Cretekos reviewed recent and upcoming events. 15. Adjourn The meeting adjourned at 8:09 p.m. Mayor City of Clearwater Attest City Clerk Draft Citizen. Comment Card As stated in Council Rules, "Representatives of a group may speak for three minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum often minutes." Please have each member of the group in attendance sign and print 1 1theirnameonthereverseofthiscard. r Name: PJ31-J< WRFNV/, A/ AA eMikk-";k: Address: City: C:1 -L , LU7 P. Zip: Telephone Number(? 4;--7 (' e377 Email Address: /17)PCPA-ST O l l /9140rcoy) Agenda item to which you wish to speak: C I.I7 til IJ ect),-fc_ kic),k,k9-)Y\ -r5r\cr What is your position on the item? For Against Citizen Comment Card Telephone Number: Email Address: Speaking under citizens to be heard re items not on the agenda? Arilk ucm Agenda item(s) to which you wish to speak: What is your position on the item? For V Against Citizen Comment Card Name: ,K/) Qr 4' M ,Is Address: City: C c o/ Telephone Number: Email Address: ofia9 i/, (6"t 1 -Z) -1370 33 `6 - Speaking under citizens to be eard re items not on the agenda? i Agenda item(s) to which you wish to speak - What is your position on the item? For Against Name: Citizen Comment Card Burma Address: U3 vcx St. f\l • City: a•P YSbiq Zip: 337()f Telephone Number: (-911-1(4 Email Address: Clita QJ' • rl.b 1 f k,p%rta, /.Coh'' Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak: What is your position on the item? For Against Citizen Comment Card Name: l'_f7Ur2:7-Ai 6i9 -/22_,E7-7" Address: / "10`1' -16-#2 g20 City: LSU. Zip: 33-111 Telephone Number: (12:1) 221.7/TIs2 Email Address: lS btos yx 63' y601oo , Gori Speaking under citizens to be heard re items not on the agenda?' Agenda item(s) to which you wish to speak: What is your position on the item? For, Against Citizen Comment Card Name: A-4.44.[ PL1/(f1'gAA Address: )7 City: CIO (.int Y-A.e-1 Zip: 7 Telephone Number: Email Address: f4kt 9 PPAk\rjfC?\(1L1,(0..t_ 7(-4, Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak: What is your position on the item? For Against Name: Address: City: Citizen Comment Card Telephone Number: Email Address: Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak: What is your position on the item? For Against Citizen Comment Card Name: A VV L L.:De_ Address: tD2.)2© /4 City: eSLZip: ,_2- 7-`-1`) Telephone Number: 2-7" 42-4 Z2Z Email Address: /LIZ' A -4D G Speaking under citizens to be heard re items not on the agenda Agenda item(s) to which you wish to speak: What is your position on the item? For Against Citizen Comment Card Name: Alex A,Dat clid Address: City• 005 wiass Zip: 31-/67 727 z Io 5980TelephoneNumber: Email Address: i614e%f- Da" (C)\ 2 9 0 . Com Speaking under citizens to be heard re items not on the agenda? [j Agenda item(s) to which you wish to speak: What is your position on the item? For Against Name: Citizen Comment Card Address: q1VDCA I.aLpn ( O Telephone Number: 7 Email Address: NI Speaking under citizens o be heard re items not on the agenda? 4K-2--)., Mk' Agenda item(s) to which you wish to speak. What is your position on the item? For Against LETTER On Kratom Date: November 7th, 2019 Attn: Clearwater City Council Clearwater Researching Possible Ban on Kratom Sales To Whom It May Concern: STEEP STATION My name is Dylan Mayeux and I am the Regional Manager/Operations Manager at Steep Station LLC. Our business model is majorly based around the sale of natural botanicals, herbs and tea; Kratom being one of our biggest revenue streams. Steep Station locations are spread throughout the Tampa Bay Area (Tampa, St. Pete and Palm Harbor) as well as an online presence at steepstation.com. As a company, we value the health and wellbeing of our customer base. Our overall goal is to bring healthy alternatives and information to our community. Our locations provide a place for the community to come and enjoy themselves in a sober and safe environment. Many ofour customers are health professionals, public servants, veterans and business owners. We have been serving Kratom for 3 years and have found that it has helped to increase the standard of living for our customer base immensely. This natural, ground leaf has helped many of our customers replace their daily intake of energy drinks and other supplements. Our products are always safety tested and we provide only the highest quality Kratom to customers 18 and older. In regard to our stance on Kratom, we feel that this natural tea leaf, which is part of the Coffee Family, that has help thousands of our customers for a multitude of different reasons, should continue to be legal to sell and possess in the City of Clearwater. We invite the City Council members to visit one of our locations and speak with our customers, staff or managers so to broaden the counsels view of Kratom and what it means to our community. Thank you for your considerations, Dylan Mayeux Steep Station- Regional Manager Mayeuxrealestate@gmail.com 727) 560-8291 THE REAL STORY ON KRATOM 101 Reasons Kratom Should Stay Legal From 101 People Please feel free to call or email with any questions 727-409-6547 Bulanationna,gmail. corn P/cafe eibli wl% asiiesfrov.JCOFFEE - KAVAOTANICALS MADEIRA BEACH'S FIRST KAVA BAR 72.7 -4 o 41 -G 5 W'i HULA ON THEBEACH Ill 727.173.7916 Ro‘s 146111 GMFBLVDUNITB. MADEIRABEACH, FL337M WWWBULA-KARCOM Name date:'r1s Phatps Kratom Questionnaire and Testimonial Where are you located? ( LAA- CpowL, FL_ How old are you? 3(0 How often do you use kratom? e\fer da When was your first experience with kratom? \ci S ac o Would you consider kratom a positive, negative, or neutral affect in your life? pa 1 -VI V Should kratom remain legal/ N / Unsure Please describe how Kratom has affected you (positively or negatively) since you first decided to try it (use the back of the page for added space if needed). Please describe how kratom and the community has aided you. How would the loss of kratomffect your life and health? lro nn. haS a-f-c-1-d vE poSt'n\i-e1 s i rice -T--' TL 5u-' ere,8 w r less Sy naa: ('-e ; c` -NY i oNrid. cVe?' Sior-)o ._l._ h.6 l 0-F- -4-wo otIon c) t c pgrerl+ 3 I a Gqo r1 Q r Torr.\ at 1cc a 1 andd 6l d ir10: i; o i S cbrnr uh, ` . p(Gce. -+c) 5p- 1 Jh me <01 -kin i1•elpo - \o G® bar ot ind 1 a c -h. spa 6,n_A4S ° trz e Y1oYr a- Q \ -t-v corm cAccLo-AA--cis`l;s 1t Q\csinol etod c --2v c w+9s do. 1:+ iso do -e5 yv hov\re +("e st e, Y/,o=icsv13 sCbed bq vri9 clod -or s h f bah h&, yi'CCJ aiy) v i-- V 0 d hea Rtwer fieta v\ T- h&Air_ VvIci, r il l i xne bcinni date: 1/)511to kvatvw) s e V ap iQti-2d w,t Y\ ocAtt4 So Mirk/ l(Yes I, the undersigned, give permission for my testimonial to be used in order to help combat the Florida legislatures attempt to reschedule kratom in 2016 and beyond. Not all testimonials will be utilized. Name date: G i Hall )/j3 % 1,6 Kratom Questionnaire and Testimonial Where are you located? S r 1°k i5 (,u r - -Ion U 17( How old are yoc".—(1 How often do you ust kratom? V ci i I When was your first experience with kratom? e,bpq 26) Would you csider kratom a positive, negative, or neutro^affect in your life? 1 0 i -11 v? Should kratom remain legal?/ N / Unsure ye5 Please describe how Kratom has affected you (positively or negatively) since you first decided to try it (use the back of the page for added space if needed). Please describe how kratom and the community has aided you. How would the loss of kratom affect your life and health? rq4Viln has f it c-1 e cI 1°04F' j e I i rn Foiiti Soc,al(niergaion)frooloctit/the r us€ 40 have +-0 Ke -7(1A/' I h y I -1(csir_Cc6 cq,/s, (is 46 6, ru y F fq Ct 1)6/ kit ec f;. t 46V to n also " fl?v 1 J J ., h m it 4 nf, (xi h d v 'Y' C( yy n i vvirr rox7 6 w 5 0 .-F- » ant,5 /c (,v.¢ file 1 is.,-. 1 17 16 Fa , Y c x A-1147 date: j//./I6 I, the undersigned, give permission for my testimonial to be used in order to help combat the Florida legislatures attempt to reschedule kratom in 2016 and beyond. Not all testimonials will be utilized. l S cL 0L,e_. 17,(7t/ ,4/4/fivt4 6t--61/47t, Vcrl I Krq-fom haScr)1 roSs11-141;v" I' l Name date: Kratom Questionnaire and Testi i+i'al Where are you located? ' o old are you? How often do you use kratom? H---?49i`rNi a—• W c":CY\J-cAWhenwasyourfirstexperiencewithkratom? ' K6 Y or neu I affect in your life'' 41 i^oWoulduconsiderkratomapositive, negative, c1.. -y> J6I 6 j -K env 1 $rc 'tGs,..1S ck1 PO. Should kratom remain legal? / Unsure Please describe how Kratom has affected you (positively or negatively) since you first decided to try it (use the back of the page for added space if needed). Please describe how kratom and the community has aided you. How would the loss of kratom affect your life and health? 6-v-: Q.. 'moo 1,(Z.c.CN 0J9 \ \c)-0-4? c)-CcA\ -e 1, the undersigned, give permission for my testimonial to be used in order to help combat the Florida legislatures attempt to reschedule kratom in 2016 and beyond. Not all testimonials will be utilized. Name bun Kratom Questionnaire and Testimonial Where are you located? 1. 0 90/ t- 7 How old are you? I How often do you use kratom? ( date: When was your first experience with kratom? 1 Would you consider kratom a positive, negative, t 7 Ca')( 7 or neutral affect in your life? fl -i --ra,, Should kratom remain legal 3/ N / Unsure Please describe how Kratom has affected you (positively or negatively) since you first decided to try it (use the back of the page for added space if needed). Please describe how kratom and the community has aided you. How would the loss of kratom affect your life and health? kAraktnr h ac serb ) Cf ,C Q rof y I, the undersigned, give permission for my testimonial to be used in order to help combat the Florida legis- latures attempt to reschedule kratom in 2016 and beyond. Not all testimonials will be utilized. Name: Date: Kratom Questionnaire and Testimonial Where are you located? ScUti p How old are you? 32 How often do you use kratom? iA/--e, L When was your first experience with kratom? 2 _f_w- Gt y Would you consider kratom a positive, negative, or neutral affect in your life? pa Lt,UL- Should kratom remain legal?9/ N / Unsure Please describe how Kratom has affected you (positively or negatively) since you first decided it (USE: the back of the page for added space if needed). Please describe how kratorn and the community has aided you. How would the loss of kratom affect your life and health? 141 a (h Y.fiNo ' Z ilia eiootlt Lrb--crny‘ c...e An -t- (42 .y..-- v s rites." lc t4 ?_ \'.J OYA t Z6 di -e t Kl tvt.A L1 £ 'rkaf WLAAA, vt t vnytil{.cti 04-ek:.{ -Fx t,•1- ifi vis oek -61 a ka" iYv+v1/4.., 4, ial 16.e -c `r7 _ 12 L Sa Wad, t ,i a...xce..i1 cu. of kw,..1d_ d res s «r. 'Fur na cul arc 0 vu . 1 c i c- r AN YrJ-.. v b s kc u .t t %L,p r+' J S ?c i,k v L t n -' N.A/ct/ ce, . +-t.,„. " rt 4.; t j nvvv . . bear e- j a ' loss wo J ion ht. \ley IivY ., T i t. bc+= - -covL_gid, PA if ( 10.4t.{.f4roL tt L ' tp ScripE-tu,k 0 #cw.r t.F-cLA/t c` x kr' ,n ks c IckC otr kJ ft S J i 1G Is YL U k 0 At) date: ;1131N, 1, the undersigned, give permission for my testimonial to be used in order to help combat the Florida legislatures attempt to reschedule kratom in 2016 and beyond. Not all testimonials will be utilized. Virc tw.. b ciAfs c,- j Cuh .,i = 1 ttic fii e _ t6 A, - kr (7,: 66, c --o 70%0e.\ AAA, . 2 r v rc 3 S vie 1 s -t--6 aft,, k''5 1' G lL ZtarA-- OtLGj If i3 Ity Name date: 8//6 Kratom Questionnaire and Testimonial Where areou located? y l.v7,4 How old are you? y How often do you use kratom? When was your first experience with krat• m Would you consider kratom a positive, negative, or neutral affect in your life? Should kratom remain legal?U/ N / Unsure Please describe how Kratom has affected you (positively or negatively) since you first decided to try it (use the back of the page for added space if needed). Please describe how kratom and the community has aided you. How would the loss of kratom affect your life and health? Ale- Are)Ari qi-ot 7mtlo) 126(), 4?;" Vrzi- /a---71/so Mi)L, igvei „2/4/(A/c. a*Ar la; /i9 44. 0N/L- /Pia hp„. VA)%016-1,N) gri)c/ f)k. CW.R4 da,/e4t' I, the undersigned, give permission for my testimonial to be used in order to help combat the Florida legislatures attempt to reschedule kratom in 2016 and beyond. Not all testimonials will be utilized. Name date: Kratom Questionnaire and Testimonial Where are you located? How old are you? J JL How often do you use kratom? When was your first experience with kratom? Would you consider krato os°.r vp.)hegative, or neutral affect in your life? Should kratom remain leg N / Unsure Please describe how Kratom has affected you (positively or negatively) since you first decided to try it (use the back of the page for added space if needed). Please describe how kratom and the community has aided you. How would the loss of kratom affect your life and health? JtelLk a ( %c i J JJ -t IBJ do,A43,_„ irrirLQ_ itttai‘ ckcuup/ outkiJ +Lou e c(_ Ikltacwo NAJA aqau JV -40 itfjt4L 010 Jvl fL )3c7JAC q -t' wuQ r 1„,,_L JJ q.65\ (J Yuc 1/U-- N eC csLA/k_u_in cQL. date: I, the undersigned, give permission for my testimonial to be used in order to help combat the Florida legislatures attempt to reschedule kratom in 2016 and beyond. Not all testimonials will be utilized. Where are you located? R/-11.6 t How old are you? _ h Name date: Kratom Questionnaire and Testimonial How often do you use kratom? al9oier ovir Gt wea When was your first experience with kratom? Iv1'i i f Would you consider kratom a positive, negative, or neutral affect in your life? aSi +"E' . Should kratom remain legal Unsure Please describe how Kratom has affected you (positively or negatively) since you first decided to try it (use the back of the page for added space if needed). Please describe how kratom and the community has aided you. How would the loss of kratom affect your life and health? I awe clnraNik, Arcs/ram ;s avdkraii m'e-YoeJ_ Os 6 ar ie,Via- Yt pain s I.. a s; -- cc- Ply pint Y/ , ;,, S . anX1 W }' r3v ugweir q Q C rkSh '' ''qc ' S me}, if -1- -Av. mg. S Sdmafra rnO ed and away rn t" ends) j , g yycr n• X date: I, the undersigned, give permission for my testimonial to be used in order to help combat the Florida legislatures attempt to reschedule kratom in 2016 and beyond. Not all testimonials will be utilized. Name date: 7 Kratom Questionnaire and Testimonial J Where are you located? 5 "PCte/ t1u4i How old are you? ,-q% How often do you use kratom? S— 1.`#41 ..$ 4 Ove-eA When was year first experience with kratom? Zie64-4 C tI, " Would you consider kratom a positive, negative, or neutral affect in your life? Should kratom remain legal/ N I Unsure Please describe how Kratom has affected you (positively or negatively) since you first decided to try it (use the back of the page for added space if needed). Please describe how kratom and the community has aided you. How would the loss of kratom affect your life and health? 5, 71.'ve a m eill4 Adij G[ iv(' i Ca -4-1-0 Gil date: I, the undersigned, give permission for my testimonial to be used in order to help combat the Florida legislatures attempt to reschedule kratom in 2016 and beyond. Not all testimonials will be utilized. Name date: pkvu.ir. i 3 )16 Kratom Questionnaire and Testimonial Where are you located? How old are you? 3 How often do you use kratom? When was your first experience with kratom? Would you consider kratom a ositive)egative, or neutral affect in your life? Should kratom remain legal N / Unsure Please describe how Kratom has affected you (positively or negatively) since you first decided to try it (use the back of the page for added space if needed). Please describe how kratom and the community has aided you. How would the loss of kratom affect your life and health? 6lio_eJ r -\e) v_ra£ti,_ JkmsL;.ak a spoz:) u-,JpafcA,-) J -4-z) •-• 0-6 afr\_szi cu,A, ck2 IkA,LQ' .AA(-,) _ k,- ax.> ..vim 3\/LI,Lcu t,"\J Pr\.)?5 (AQ._) LAARDWr\eQ,bh%/ir) w4\-- faLr\i akuuy k).xdOc;„*A.3L vN(..zrA;(,' cctALt,Y) ,c) date: I, the undersigned, give permission for my testimonial to be used in order to help combat the Florida legislatures attempt to reschedule kratom in 2016 and beyond. Not all testimonials will be utilized. Name date: v1.3 I yr o s i /1-3/1 Kratom Questionnaire and Testimonial Whore are you located? ST lE Hovi i -J are you? ` How often do you use kratom?-71 When was your first experience with kratom? 'IEb _ <Q 4 O Would you consider kratom a positive, negative, or neutral affect in your life? PO g Fitt vt Should kratom remain leg . Y / N / Unsure Please describe how Kratom has affected you (positively or negatively) since you first decided to try it (use the back of the page for added space if needed). Please describe how kratom and the community has aided you. How would the loss of kratom affect your life and health? ar`cU M t --S l 4 Vt e---`( S i4 c• £. GT t !`A`{ C. t P F , `-( S l rJ 1Ptv.l cs-u'r ` L CHIRo P2 c rv `1 5,*r E2 - `3 P,,.J. 1tAx5v L1 evt..W,A i3 t L) coF- ' S (-71 Woc..\C.. (! .vocarn; -. r0wS Slq,Nt'tC rt -`1 I4 LC' E w c -t-r---: I, the undersigned, give permission for my testimonial to be used in order to help combat the Florida legislatures attempt to reschedule kratom in 2016 and beyond. Not all testimonials will be utilized. Name Kratom Questionnaire and Testimonial Where are you located? G0 Ccx date: I/1 ;'(/:z())C' How old are you? 2,7 How often do you use kratom? H S ,n'n\m-I-s c;, i.A.,'ei i When was your first experience with kratom? C30001-- . y f Would you consider kratom a positive, negative, or neutral affect in your life? Should kratom remain legal?&N / Unsure Please describe how Kratom has affected you (positively or negatively) since you first decided to try it (use the back of the page for added space if needed). Please describe how kratom and the community has aided you. How would the loss of kratom affect your life and health? Cor)s4-,(1.-f- Iy D % ccs --6-o Vr--110S Cel x . v\iacic : v s e -.^)e - i Cp\\tir -J-,Nole_ (a)c-sc/t l'e\\10jOciv Dichck;;T S CL G c C` \G Joky hellos ice_ (r) °) e- 0)kneG s1vr eA 53)() 'm(0 s'oie,r) v LL 4. %iii Yr\ frculf- sckeckila e -re-- -'6-cc '1Ti+.livct, G.1 C'G'G; f fit + X / Az -7 Y7 date: I /12/9_C16 I, the undersigned, give permission for my testimonial to be used in order to help combat the Florida legislatures attempt to reschedule kratom in 2016 and beyond. Not all testimonials will be utilized. Name .st e.p),,t k4- date: /—/Z—/62—/(0 Kratom Questionnaire and Testimonial VWhereareyoulocated? A{ 1jo How old are you? How often do you use kratom? fie, k- When was your first experience with kratom? 7 2L/ ' 22O Would you consider kratom a positive, negative, or neutral affect in your life? P0 l'i //'t22 Should kratom remain legal?0 N / Unsure Please describe how Kratom has affected you (positively or negatively) since you first decided to try it (use the back of the page for added space if needed). Please describe how kratom and the community has aided you. How would the loss of kratom affect your life and health? 1 7e„rig( ,e,pri tee o'r4t kra-r<ori hey SYis mp/y_ rpt / 5+ 4-64 t'1'iall I h hire, 1 rvl o r_ 01 /c D n(.. hove beer( (.)0f f`or ocillo 3-tec,jA "rStcc! i A34- 04e e V (. Oily. G , a c ;n nouvCl e Map' ci r l ' _1 be eor"'o/leaf ; 1 Vtp0( Q,) r-` f icrwpcil t7, m (err? 77; 1 K jao1 Pave a ac- 6214,ei r ef' Ai 7 b or/ ..7 %j ar,e, vezr 1tvirQ1 he eW U4) ae G kDr`A e i G , /r P ' .6C-,-0/ 111 C -Pa J rr L S . uId Y1))4% q /Te w-L oo, 11 fin,,. Cot/L4(_ ;/ 41er or iAfr4ty retie;res re L (AA( t F heAe bea,JWcAl -, -(t r co) Jz - uk e)erie :iP,7 f Q'ke - :12rl .e; ce Pra ut40k 0+(I Mte a -i oe 1;1; C3 1/ir e h-eG k d `e. X date: / /2-/ I, the undersigned, give permission for my testimonial to be used in order to help combat the Florida legislatures attempt to reschedule kratom in 2016 and beyond. Not all testimonials will be utilized. Name date: j2i1A, Kratom Questionnaire and Testimonial S- Where S Where are you located? 6•v Flo r9 How old are you? , 2 How often do you use kratom? When was your first experience with kratom? 1E' EAG Would you consider kratom a pgsitive, negative, or neutral affect in your life? CS% %/ tic Should kratom remain lega ? Y'/ N / Unsure Please describe how Kratom has affected you (positively or negatively) since you first decided to try it (use the back of the page for added space if needed). Please describe how kratom and the community has aided you. How would the loss of kratom affect your life and health? JIti/74,1 6 73 CC/' u S,1 6 r_,/Q/7 7oCCk , Q -1E-/(f/ j 0/ L >t '7 S / S /- /e S / / 5 E-A/ G r } r ,e t 0' `i /L /2_ E ' h s 1 /n l i'l s %{e1)" i h rs FEEL 7-• /91 nx--i> Ae41- ro fry/ / sa $ i ' p .r /.t '"/ i 1s7, 6® LOSS _ `7f l S ki a Li L P 6 i 6 S te /, ci< /.777 date: / I, the undersigned, give permission for my testimonial to be used in order to help combat the Florida legislatures attempt to reschedule kratom in 2016 and beyond. Not all testimonials will be utilized. Name date: Kratom Questionnaire and Testimonial Where are you located? How old are you? How often do you use kratom? PSS A/Aznevex When was your first experience with kratom? Lcwryr /( Would you consider kratom a positive, negative, or neutral affect in your life? Should kratom remain leg N / Unsure Please describe how Kratom has affected you (positively or negatively) since you first decided to try it (use the back of the page for added space if needed). Please describe how kratom and the community has aided you. How would the loss of kratom affect your life and health? Ua 7r, A„&y ipt-/- a ovL° date: I, the undersigned, give permission for my testimonial to be used in order to help combat the Florida legislatures attempt to reschedule kratom in 2016 and beyond. Not all testimonials will be utilized. Name: \ Vi Date: Date: Kratom Questionnaire and Testimonial Where are you located? How old are you? How often do you use kratom? When was your first experience with kratom? Would you consider kratom a positive negative, or neutral affect in your life? ~t 6 r, Should kratom remain legal? N / Unsure Please describe how Kratom has affected you (positively or negatively) since you first decided to try it (use the back of the page for added space if needed). Please describe how kratom and the community has aided you. How would the loss of kratom affect your life and health? C tJ li--{{((1 ¢(1'.. 0-s A c't i'` (atc©`1 J4\ Le1 4\A 6-4 01 • ` ye --Ar 5 a e c Mc 01, y `FOX‘7,4 't'4 Y 196'c'1 1 t ie 5 r-cs Nom! (=`'i Oe'—t--P 4 X Qk4 date: cf / of I, the undersigned, give permission fofp my stimonial to be used in order to help combat the Florida legislatures attempt to reschedule kra am in 2016 and beyond. Not all testimonials will be utilized. Name date: C'7Cau Ct,/ 1 ,a Kratom Questionnaire and Testimonial Where are you located? How old are you? I How often do you use kratom? ` ` When was your first experience with kratom? 2,41 Would you consider kratom a positive, negative, or neutral affect in your life? 100/' 01: / P Should kratom remain legal. / N / Unsure Please describe how Kratom has affected you (positively or negatively) since you first decided to try it (use the back of the page for added space if needed). Please describe how kratom and the community has aided you. How would the loss of kratom affect your life and health? er(ID dr( krrk'fbri rlt n rid -0(4 ct CQ=S 15-1 lot f date: I I, the undersigned, give permission for my testimonial to be used in order to help combat the Florida legislatures attempt to reschedule kratom in 2016 and beyond. Not all testimonials will be utilized. Name date: Kratom Questionnaire and Testimonial Where are you located? $4 P 6) How old are you? How often do you use kratori? r,,. e k / 7o% fy When was your first experience with kratom? *-'^ y -.o a Would you consider k morn a positive, negative, or neutral affect in your life? /1 -Yet / Should kratom remain legal? N I Unsure Please describe how Kratom has affected you (positively or negatively) since you first decided to try it (use the back of the page for added space if needed). Please describe how kratom and the community has aided you. How would the loss of kratom affect your life and health? I, the undersigned, give permission for my testimonial to be used in order to help combat the Florida legislatures attempt to reschedule kratom in 2016 and beyond. Not all testimonials will be utilized. Name date: Kratom Questionnaire and Testimonial Where are you located? eQr- How old are you? How often do you use kratom? I03kc _ p t o When was your first experience with kratom? SO Would you consider kratom a positive, negative, or neutral affect in your life? lata'`. -.- Should kratom remain legal?N / Unsure Please describe hnw Kratomhas affected you (positively or negatively) since you first decided Th to try it (use the back of the page for added space if needed). Please describe how kratom and the community has aided you. How would the loss of kratom affect your life and health? Z,/z/ I, the undersigned, give permission for my testimonial to,be used in order to help combat the Florida legislatures attempt to reschedule kratom in 2016 and beyond. Not all testimonials will be utilized. Name date: Kratom Questionnaire and Testimonial 4111 Where are you located? S .i Y1-,_ How old i;' you? Hcwv often do you use kratom? Gi,f When was your first experience with kratom? r Woufri you consider kratom a positive, negative, or neutral affect in your life? pos v-- Should kratom remain legal?/ N / Unsure Please describe how Kratom has affected you (positively or negatively) since you first decided to try it (use the back of the page for added space if needed). Please describe how kratom and the community has aided you. How would the loss of kratom affect your life and health? ico (4 0_ cf 3 rt . '--/- b e_4'ps wt -e_ G ` i_k_ ape 4 '%t- tit, APA, 4--e -e,--) 0 l c1 Co Ctrs Gu/i, ('-6, 15 iSti4 > s - c / -riLc_.u. I f Gly S! ce et (-6 ( e fe ei-z_ce . _Bie(- 0m,,,, , k (17,-.1.7z-voi ; 1 1,1-2r-r(--- 71-A- S ru' -h) tel ' I'b &I -/- ko, 0-0 0( 5- . i 1-141,,./._ KL.,c) fA., ;--e-gi71 1/7,4 /7 a ) d ,1 4 7 C n,, J• i9 YLC-r.G(% ul kat X z( 0,4) Le. ( date:/', /Y/' Gci. 1, the undersigned, give permission for my testimonial to be used in order to help combat the Florida legislatures attempt to reschedule kratom in 2016 and beyond. Not all testimonials will be utilized. AUiiV V fit Name date: 3 jt(2 Kratom Questionnaire and Testimonial r C:e1A- Where are you located? How old are you? How often do you use kratom? 3 S ''hilLe-S When was your first experience with kratom? Would you consider kratom a positive, negative, or neutral affect in your life? Should kratom remain legal N / Unsure Please describe how Kratom has affected you (positively or negatively) since you first decided to try it (use the back of the page for added space if needed). Please describe how kratom and the community has aided you. How would the loss of kratom affect your life and health? Criskcau-e- folt- r ffi. r^, x &_j,,t. a_ l I y GrJ l ( 1 F Ge f e-- ct,Gt Sek.µ,z. k cAw eti -i•-i`}oQ cm's 1 t4 1 d - e t,Je 1( be eipc,-.s1b(a- ij1s C' -e-j , rte- AI) ez C kms . C w Lei ra " 4, f C vt GL ir&+ KSvti-%_ I 1,r -`'- L ct ;(0e_S SIYk cf die — c -- 0C, ( i c fra, /L u-fd S c wf L Ct i 4 ie L' ll 91 - i' — r c„,)- c - y - J A t?l Com- v r ( i X date: 0///s7 A4 I, the undersigned, give permission for my testimonial to be used in order to help combat the Florida legislatures attempt to reschedule kratom in 2016 and beyond. Not all testimonials will be c CI etvnck C._12 it % (tJ1d dC1 Q 4:b U c- (1ti-t)-4I 1 ( u Name date: Jose A oniefre ll Kratom Questionnaire and Testimonial Where are you located? 54 i n A7Ler b r FL, How old are you? Z 0 How often do you use kratom? 2 _ 5 / '%}fie a ( 'e' When was your first experience with kratom?J c nU Q r I 0/s Would you consider kratom a positive, negative, or neutral affect in your life? ()0S Va Should kratom remain legal/ N / Unsure Please describe how Kratom has affected you (positively or negatively) since you first decided to try it (use the back of the page for added space if needed). Please describe how kratom and the community has aided you. How would the loss of kratom affect your life and health? 4 kra/a m as Q d Te /, tie teller e af/1 Fr0m re 1; o ACc % EA r e{ Severe1;ke 9 til56 re Sii4 Leat'e if al5 0 re 1 of X rt h e . ; wC1 re 1ter1 /fly 2---ker A e 05 m -e c a r/ems 1°/ C9/ am s/ P- ..f ()CIO -615 wOrk wAere adv/r1 err Gt ()y -1-AQ 7)/ ; A f_ 6)05 lo +e, (/5e_Se- of klra QM wottf of 6e -17ne, e v.5e 6c„ per/ tvi.M c(1/..) X ,44/ ®,` /, date: / ( (6 I, the undersigned, give permission for my testimonial to be used in order to help combat the Florida legislatures attempt to reschedule kratom in 2016 and beyond. Not all testimonials will be utilized. vvoul) 6e Aetrier- tht/ h 1e. e u l r pecwi reiiev2l`$ 0(?f 11- I/4_ 44(le-fs0. /YI b rr S , r7' n/ u It;pl.e Ad z 0715 I- a rd -olgtr 5 0 wo aid jtA5-1- wri-A TAe7t 1- WO 0(0.1 ja.S.I 4,tt/e. o 12- 6A( p iri) Where are you located? 1 (CidPPA) CC - NameName date: Kratom Questionnaire and Testimonial How old are you? How often do you use krat;rri? 3X -?- When was your first experience with kratom? 1 (i )4+S Would you consider kratom a positive, negative, or neutral affect in your life? Should kratom remain legal N / Unsure Please describe how Kratom has affected you (positively or negatively) since you first decided to try it (use the back of the page for added space if needed). Please describe how kratom and the community has aided you. How would the loss of kratom affect your life and health? ai cce_r " er _, hc_c ;c .s Wone4A h z-cc-icche h cu s-1 c SSKrcIr, c -T (Sri -Fermi -kms husk • S Dpk. { 1-n-2^n(A5-hr\A3. ), .- \-C,'S- CQr,,n -, 1"1 Vere) C -A0.59 -41c,/ b4- ,JQ_j:\j ri-k4 (fa_ co Liic.4 AIVID-)- 0Icf Chii4C44tSlifID Cnr-A -re_ez X date: 01, i SlZo)co I, the undersigned, give permission for my testimonial to be used in order to help combat the Florida legislatures attempt to reschedule kratom in 2016 and beyond. Not all testimonials will be utilized. Name date: Kratom Questionnaire and stimonial Where are you located? 1J How old are you? How often do you use kratom? 3 3 When was your first experience with kratom? Would you consider krato r negative, or neutral affect in your life? Should kratom remain legal '% N / Unsure Please describe how Kratom has affected you (positively or negatively) since you first decided to try it (use the back of the page for added space if needed). Please describe how kratom and the community has aided you. How would the loss of kratom affect your life and health? rtt,:,),e7) zwt,v;) ar 1 I Ik-e(J date: C-.246 I, the undersigned, give permission for my testimonial to be used in order to help combat the Florida legislatures attempt to reschedule kratom in 2016 and beyond. Not all testimonials will be utilized. Name date: Kratom Questionnaire and Testimonial Where are you located? How old are yc a? .33 How often do you use kratom? '4/22/9X5' 174/6L' When was your first experience with kratom? % /SA S/40 Would you consider kratom a positive, negative, or neutral affect in your life? A/7y Should kratom remain legal?9/ N / Unsure Please describe how Kratom has affected you (positively or negatively) since you first decided to try it (use the back of the page for added space if needed). Please describe how kratom and the community has aided you. How would the loss of kratom affect your life and health? 11; /9 1s676/2KW ft/; r S iG- 47Gl 2e17j Vei/e/4, //1 -9/4 -"'41i,2. -6J ,e2/2 /.rr, i T %Z 7 -//t , rr f'c-.s .4//l.6 47/1? /L76 Ige? 6,442/17-76.6 /4,c? E- re, 4--"t/' •re• eY77116,&I I /.5 X7A,/ /le/ ,e,c„,s-- 6v5m-6-5_5 bgGS"/E zJ.4 i9e eye, -7- e:34- ' /¢, / 44- 22,e/e-wei t,4, CC.9/di 'o' - J lg-eriorv% 7),'91"--/_.4 dater 1, the undersigned, give permission for my testimonial to be used in order to help combat the Florida legislatures attempt to reschedule kratom in 2016 and beyond. Not all testimonials will be utilized. Name vm\rNA' date, 12-1 t6 Kratom Questionnaire and Testimonial Where are you located? C) W Mk - How old are you? How often do you use kratom? 1- 2 a ate K ,'{ P 3 S When was your first experience with kratom? `--i \1.e av S aciO Would you consider kratom a positive, negative, or neutral affect in your life? ‘) ,, j 1 b v e Should kratom remain legal N / Unsure Please describe how Kratom has affected you (positively or negatively) since you first decided to try it (use the back of the page for added space if needed). Please describe how kratom and the community has aided you. How would the loss of kratom affect your life and health? t'IO1 Y'fl V10,s 'NWA \Y- (uM A T. 1M\\n\ b c oes- irvr9 0c+ \`vP. haC1==(,0m tro urn -6 -*4-.\- can `De cc\o\ inn ck Sam , l\ea\-Thy cernmun N , 6Q-f-ta ik)fi6 krrAOrn Cud \awa aqs , 1 d r -k 1^o.Ye many yv,hG15 and Dv\.eS i c‘ 1Aave were ne(Aair vet 1vidtc, UIQ_ bn\`i C.(Kn 1 hoYk -;1\n tend e?iz 5aoty1 bA- 1 cap °15o awe v)c)rne safetywiX\ut pn, worrv3 .0,ekn \rn d crz i unK, 1CrQ'cy1 QIJO1.N.f3Xm,P, RN.Qc y tor to Cafii.in-e u I'M C ooh and a1 rokavQs pc6c),Pms Used .e l U,e welLS 6y6r9 un -k-\\ 1 Stctiteol- date:01)l2Plo I, the undersigned, give permission for my testimonial to be used in order to help combat the Florida legislatures attempt to reschedule kratom in 2016 and beyond. Not all testimonials will be utilized. r.,uw Fj._ ,e, \. r\ A---,=,y„qc.A btk 3 cx-2500 be A v 110 do \r) ri2' i rn Liiict:, ey 00p3 Cxo, 0, -N.e c\61,-0' Kap 0au , w C XNA-. or ,,-\--a-k-ed Av\c/1 'ir.())! . 00\-Mrn -t J ct.Ajet.,3 -(1,-e_ R, md -ah\\ 04t c t C mv_. \ c a .c , Pe `j w! 1 4 \ ) .k(rIC*M VAO- \v\-9-(2-Gt rrz to \r'ri ok.i\o-\ (-&)ats i 5 ,giY - \ae c c gym, .c., Lv be \ d vG91 Z Ifi061 )-: ?0:A0 0wn6- PM _bc, M c) YA'0° \n- tc) -ro ,e --\)(-_ec..v.\ i b-k-> --oiuT r---2Name:; LCCEKA Date: q \: q' U?,0 Kratom Questionnaire and Testimonial Where are you located? ST , TaQXS oc L How old are you? `" iiQQ How often do you use kratom? VtS'k-- When was your first experience with kratom? Would you consider kratom a positive, negative, or neutral affect in your life? ToS\ttirQ Should kratom remain legal N / Unsure Please describe how Kratom has affected you (positively or negatively) since you first decided to try it (use the back of the page for added space if needed). Please describe how kratom and the community has aided you. How would the loss of kratom affect your life and health? Z; t - cy v- 1 cQ alt kaQ - V vvSivo S , v fL,t.(+_ Q,S m € D C - - fi\Aok kmAn4 cAa:8 muuk l_Q av' roar dc= c 36 Cry vt 4r ScS r \C * c COW SS date: \ /\ r fl I, the undersigned, give permission for my testimonial to be used in order to help combat the Florida legisiatures attempt to reschedule kratom in 2016 and beyond. Not all testimonials will he utilized. Name j i0 UL N 1C Kratom Questionnaire and Testimonial Where are you located? ST E J -- How old are you? ti1(26L) -FL_ date: I l 2/1 L9 How often do you use kratom? ivt-mss When was your first experience with kratom? \i-CA-faC 4 66i Would you consider kratom a positive, negative, or neutral affect in your life? PC) 5 i -1 vE Should kratom remain legal?/ N-f-Hnstrre Please describe how Kratom has affected you (positively or negatively) since you first decided to try it (use the back of the page for added space if needed). Please describe how kratom and the community has aided you. How would the loss of kratom affect your life and health? Kim SAS l i Qct iMC,G- h ME to My CG.OS sT O h Z 1 N 0 S E ShirES7..ls4fENI-rS 714k- 3ErzvEz A.IU t "1"t- 12 U tT 4 E LP&J C/57 4Vv•Pe0 m TE QP+2 (SC, r4•Es JN) 1'U E D Ect ov-S Qc 1N 161nkluvt,l 4-A EL'8D FLotAtiS-N- 4 /1-N AR -MT 4 t'J Q T L- C ISI t bEly [ i f4-1'YI . \ 0 5t I Meow- Iv -n -k' wvi o IN k11(I'LL y ST TET\ coN slA,m N U -- Ke ---vmfits co wt TR W D R 5 /N T IY1Ly b 1r4 t CMoQ-oN 13 CJ< date: 12/1 ,° 1, the undersigned, give permission for my testimonial to be used in order to help combat the Florida legislatures attempt to reschedule kratom in 2016 and beyond. Not all testimonials will be utilized. j- r4LL COSTS H A -v i iv &- fa 4-D r - (v w Lr l W4 \PAN V'U—Ars IN i rv).: S lAf 6- ftf- 419 WAN Pi L. LS Th .b -o rw PM 6e 1 Al 1447% 7% N\ y r r IS TiW LI -V- Al\ A G/ t W t vvi7 pA1LI_ v6 13}1fv(5.. NECK > , ( 1-1-4v 5E /V 11.44,5 471A„,r,-- CA/kiva \\;Nt-uv-+- OCE- 6-00 -n--J\41 115 'SEN GQ Ltwt Wv bi-LCas NP4 n lS Irk A J v \` A1)a' A w Pecc 1`5e(GE". PDAs1eav I`vE IT- HELP 1-1 L3 ties S o IPEOVLff AGRAAAA...n- 4- =b pne.G=am 0 - Til1,_1-1-(LE pve_s A-6-0 ) 0.1)b VG I.fr - A\AP%t-t fr Name 1, bL' !(k_ date: \ Cc)Z Kratom Questionnaire and Testimonial Where are you located? CI V O E Y -LL iC How old are you? How often do you use kratom? 11 When was your first experience with kratom? _GTS Would you consider kratom a positive, negative, or neutral affect in your life? )51k1.V Should kratom remain legal ?(Y / N / Unsure Please describe how Kratom has affected you (positively or negatively) since you first decided to try it (use the back of the page for added space if needed). Please describe how kratom and the community has aided you. How would the loss of kratom affect your life and health? u; } t Ti R'Cst- C \\ \xc b p(1 Tr, Ci,opc n c, AvA.(0 r1 C,, low '\‘r)U -_, oi\nck \k --a III.` !. `.:• n_S l Obi t nf E ' ,. 1: , i t ' C,.1 l G r l L vo6 (if 03Y1 i Orr. Co-\jsz--0O3M-A- SO co-- `-\--- "\----, c n ficin -- t. y b vo \ 90J, 0 \ l ug tQ t 'Lo U.k Yxto c ito r 0 - L1 u. Out\i wc-)0-0 , 145L Vos' cA- vxr,orora c\fom. Nuf 0-(__ u't,la_cV -'rckx,.- 0Yv q u _ oma. h, GL u.'ira-\ a..itt tk iy u vchr\ ' rtv i.__ Illz_C4Ct W -1Z yociyes ( so 7i_ (_)30c_A, 1Y-- \ c1. n c I, the undersigned, give permission for my testimonial to be used in order to help combat the Florida legislatures attempt to reschedule kratom in 2016 and beyond. Not all testimonials will be utilized. Name c hcc d k nc 'pp date: 4l ,5 Kratom Questionnaire and Testimonial Where are you located? S Pthe- it ir9 ; R- How old are you? 23 How often do you use krator:?vv 1 -h P'A'L t n'] s C. wet K When was your first experience with kratom? c 9 rect.+. S e'ep a i Cili Would you consider kratom a ,positive, negative, or neutral affect in your life? fl etit. Should kratom remain legal N / Unsure Please describe how Kratom has affected you (positively or negatively) since you first decided to try it (use the back of the page for added space if needed). Please describe how kratom and the community has aided you. How would the loss of kratom affect your life and health? CSO n6+ Ilse &o r 1-5 -t Q,v{r1 J ec.+5 ra-K er -t s re,l a.>c i n 9 ccvcd , avy\ a bar -1c-,.mac C ci* c bt,LS -he) a 1- e'\\ \Cis & A 00. ck c a ti e. de,r, 4- v h i Of\ r\ e.cAY\ cpk3 P,r\ ciS C.0 v s i a\ --e, i kers C\i mweK c3c1,93 YM, Ue eXA.r Nna r i n S ,1“\ c4n ?'\ ko reg 11 cue. S -e . . \ O AJ e,\I&S \& Xe YJO nf ex -Cur m9 pb yycm,liot 10 e, Nto-\)L5t f\5 c d, vvdl d c)scorny date: 1) raj )s 1, the undersigned, give permission for my testimonial to be used in order to help combat the Florida legislatures attempt to reschedule kratom in 2016 and beyond. Not all testimonials will be utilized. Name Kratom Questionnaire and Testimonial Where are you located? ! j(/ How old are you? 3 -42 - How THowoftendoyouusekratom? date: 1; /6 When was your first experience with kratom? 0(. Would you consider kratom a positive, negative, or neutral affect in your life? -I -, )t) y Should kratom remain legal / Unsure Please describe how Kratom has affected you (positively or negatively) since you first decided to try it (use the back of the page for added space if needed). Please describe how kratom and the community has aided you. How would the loss of kratom affect your life and health? 60 Q. 60m. ti PS fyouz ficokG 1--kivincP -17.A ,)(- 9 ?c -)C)(1) J ci ( rases ,c19 --( z) ki,crav 5,e)e 5r -x C k1 Y(,C- i(;:°))1 r..‹.9.-/ 61-111 q CYC X date: i0y15 I, the undersigned, give permission for my testimonial to be used in order to help combat the Florida legislatures attempt to reschedule kratom in 2016 and beyond. Not all testimonials will be utilized. Name date: 1-11-i Kratom Questionnaire and Testimonial Where are you located? D„, How old are r; ? 2 c) How often do you use kratom? When was your first experience with kratom? 0`5 ash Would you c;)nsider kratom a positive, negative, or neutral affect in your life? Should kratom remain legal Unsure Please describe how Kratom has affected you (positively or negatively) since you first decided to try it (use the back of the page for added space if needed). Please describe how kratom and the community has aided you. How would the loss of kratom affect your life and health? aJJ a. Ce SU \{ zr kcJ0 6-1 r0 t c V oc \G -D8 \6- cc-e 9_4S 4" 60 ; n o7', -we -N L .ems. Z- Q f on hc J n-- a Y0\1 c 6 c \Th e -CM c. ti r1 e S X s c V aep.e 31/1/1a +- \ 1,,S ch{\ so Q c-evn \\\ e c,Q b cam\ +9 CLcC- cfeo-&k ink, s )c e.v\ date: 7c (dam Yh SL j1c. C' 0-) cc._ L.s0' p ' 7 s, ns t.Y Ufy '1 ' .s I, the undersigned, give permission for my testimonial to be used in order to help combat the Florida legislatures attempt to reschedule kratom in 2016 and beyond. Not all testimonials will be utilized. ace_ C- \c)c-A y '\,nc:ncvaC V- 3 ar-C Gr1,C)na9\a l +Z1 Name date' Arv, din a Co 1- 'sczv) Kratom Questionnaire and Testimonial Where are you located? How old are you? How often do you use kratom? 2C 4ey S\ouril When was your first experience with kratom? Would you consider kratom a positive, negative, or neutral affect in your life? Should kratom remain legal( Y /jN / Unsure Please describe how Kratom has affected you (positively or negatively) since you first decided to try it (use the back of the page for added space if needed). Please describe how kratom and the community has aided you. How would the loss of kratom affect your life and health? IrTe_ V__avQ bctsrS tae__ ftp cLeo. S<ki t E C &Y)ri al c -ti -v) joc,40 i-e_c 0 \mnite-r\c9--ee9 I o mcLci7, Frvlo L vi w`&S ct -- -=Eeo -5 v^ I' \ e-0)0(-1Slr tY X C; 4117,A a 1,1 c c_o ko\ b cir- s l date: ViL//zo0 I, the undersigned, give permission for my testimonial to be used in order to help combat the Florida legislatures attempt to reschedule kratom in 2016 and beyond. Not all testimonials will be utilized. Name date: E*,c V.4sc Ili Silt. Kratom Questionnaire and Testimonial cWhereareyoulocated? old are you? ti How often do you use kratom? EtvittYlAy When was your first experience with kratom? 2. S Aisb4 Would you consider kratom a positive, negative, or neutral affect in your life? f03tf? veil V Should kratom remain legalN / Unsure Please describe how Kratom has affected you (positively or negatively) since you first decided to try it (use the back of the page for added space if needed). Please describe how kratom and the community has aided you How would the loss of kratom affect your life and health? Wry^. IS a- AA molf- raft ef 3 44.. 14 iCal r sot is & roof Ms iiivit4of fair rm 14 s. 0104 10116444. or* fed Tv enste0:1411. 40 tut I 14 iptataisfy Pecs twit 116111144 Mtilivietr ik* crack • V- tom. 4) S cmit l MAIi. `i" s"9 thitA4:* 111ft feas4611, 104411144111 F.A. 411 146646, Ms. ke#0.. tz eggegswo ukht 4,4 isk.04. irawirid sod wt. Om." s rtw R. k. Uu Coos 'r` tos.„ J k.,r.t..,, w,v1.i IAA.ht., i,. bit dtiw».4 t2x 40+1 • w0106~111*1 X crate:4/17pp. , 4111... n aval44.0 too it I, the undersigned, give permission for my testimonial to be used in order to help combat the Florida legislatures attempt to reschedule kratom in 2016 and beyond. Not all testimonials will be utilized. Name date: Kratom Questionnaire and Testimonial J Where are you located? S . NfP /e F) How old are you? cL 7 How often do you use kratom? 3 l c r'P.S c` Olt P When was your first experience with kratom? y P o[i Would you consider kratom a positive, negative, or neutral affect in your life? c'oc >Ii riC'_ Should kratom remain legal? / N / Unsure Please describe how Kratom has affected you (positively or negatively) since you first decided to try it (use the back of the page for added space if needed). Please describe how kratom and the community has aided you. How would the loss of kratom affect your life and health? 4- kelps -41 >-ny c, h ro v, c po, 0 4 x t9.14zz c PI0 a..nC(efi date:133cAftIT 1, the undersigned, give permission for my testimonial to be used in order to help combat the Florida legislatures attempt to reschedule kratom in 2016 and beyond. Not all testimonials will be utilized. Name date: W -N.44.1 co,It4 0311(1 Kratom Questionnaire and Testimonial Where are you located? Sa ec-46A 6+t A3c,c1c% How old are you? 5`i 4e. 0 t4 How often do you use kratom? 'T 7vartit When was your first experience with kratom? 2-1f Cy) Would you consider kratom a positive, negative, or neutral affect in your life? Uen ,gosl-C Should kratom remain legal/ N / Unsure Please describe how Kratom has affected you (positively or negatively) since you first decided to try it (use the back of the page for added space if needed). Please describe how kratom and the community has aided you. How would the loss of kratom affect your life and health? w a1 alto), its , hre Oww" t 11 , v w 1 "'""1 y* r GwP_ y at'd C CA!, bs+aft (6.- 4 0 a1T, w + . I et70 5 w-1bLs yo.t A00 j 1We,`, 5 0.L01 -t. el -01)4!I aofaysk { cdswre a{' `i;"K 41 CJ ` C 14O4. tokte date: I I, the undersigned, give permission for my testimonial to be used in order to help combat the Florida legislatures attempt to reschedule kratom in 2016 and beyond. Not all testimonials will be utilized. Name date: f Xw 2 I( ArYt;ts14l Kratom Questionnaire andTe timonial Where are you located? e ,(',/,4-( How old are you? (Q How often do you use kratom? When was your first experience with kratom? F Would you consider kratom a positive, negative, or neutral affect in your life? Should kratom remain legalY// N / Unsure Please describe how Kratom has affected you (positively or negatively) since you first decided to try it (use the back of the page for added space if needed). Please describe how kratom and the community has aided you. How would the loss of kratom affect your life and health? I, the undersigned, give permission for my testimonial to be used in order to help combat the Florida legislatures attempt to reschedule kratom in 2016 and beyond. Not all testimonials will be utilized. enr 1.& cdt6/ (-14 AL84, j r Clti pyfA, L,,&(" 1/ col ava 60-26 t 4/(, em/L, cetuz, a c" ,/ Name date: Kratom Questionnaire and Testimonial fZWhereareyoulocated? L`t'% US/201 How old are you? f How often do you use kratom? -uhfr When was your first experience with kratom? 1%Z i/ (S aq( Would you consider kratom a c itive, negative, or neutral affect in your life? 1Mir Itit' p,,., . g Should kratom remain legal? )/ N / Unsure Please describe how Kratom has affected you (positively or negatively) since you first decided to try it (use the back of the page for added space if needed). Please describe how kratom and the community has aided you. How woul the loss of kratom affect your life and health? K(Koil,R11/6',S WWI( 11,& all WARy GUS- S, be Or e w_L. Oet,{1)61 ‘ lel - oc- pc41 1-fcti-onli kil-)e-g tbit=r117p Fvff)detti ilk , ir , f:4- mitc o,t) cc r_ deo ilaf-c. 6( vAp(16 ) IR)/ Calmliq, 4--- Nal( ocit 4,14() cA156 c)0-( e_ki /Ian Cie3 utr .,titry OV arovo 6 T)o( 4\1100) 0,s aV1 a it er nor1{v( i-6 maYt_) c\ iiiro9 cnci\c)) a ca -1 a/C)2)l' - in-oe 04 map ttoore . date: I, the undersigned, give permission for my testimonial to be used in order to help combat the Florida legislatures attempt to reschedule kratom in 2016 and beyond. Not all testimonials will be utilized. Name date: khe V j5H(f) Kratom Questionnaire and Testimonial i J Where are you located? (1 D) 4l0 1--1 1 a How old are you? (> JJX c),(;\ How often do you use kratom? 3 m is ( A_ 1,0 When was your first experience with kratom? 3i IA Would you consider kratom a positive, negative, or neutral affect in your life? fa5i-k-to-e Should kratom remain legal/ N / Unsure Please describe how Kratom has affected you (positively or negatively) since you first decided to try it (use the back of the page for added space if needed). Please describe how kratom and the community has aided you. How would the loss of kratom affect your life and health? P40,i *IL ei\A op 0L, 3 oz)DusNe_ r_daA=Ion,//,,LP r1(i G 1 L( (,-)J(,-)JIP • iY) 3 Y \-ea ) \,90Y)- or t n t n . sr, - ks r _ e6s-e, DyN 1..ekl;un uporce pt .nd 5-6 Durck \i_cwck wys- \ \-- ek av r) eodl N\rv_ efDp1 \ ctA oL)-ex- r\u}iMti- cool -0 . -110-9-6 \ r\Ou-( --5(nC-e V6-4,\Z'Y\ c(1. aSs -e.rco Lufc e0( t1/1/L 1) stAALU -eA) --eY0 hck--g date: ( I, the undersigned, give permission for my testimonial to be used in order to help combat the Florida legislatures attempt to reschedule kratom in 2016 and beyond. Not all testimonials will be utilized. Name date: Kratom Questionnaire and Testimonial Where are you located? jU vc\co li How old are you? How often do you use kratom? ecRiNt-do When was your first experience with kratom? 600 ye3CS Would you consider kratom a positive, negative, or neutral affect in your life? eJiir\-re _ Should kratom remain legal? N / Unsure Please describe how Kratom has affected you (positively or negatively) since you first decided to try it (use the back of the page for added space if needed). Please describe how kratom and the community has aided you. How would the loss of kratom affect your life and health? SUCI—tPr— covvN_ CCUY\\ fC Vjaole—, ay\,a yvt.ee, ax\5 11,/\,AA .0\k A- ylud( n9v-e- 1Cjetk- `M G 1J\ 5 'r O'evt. av- 4 ig qacN g 6-1A.ey-ziq oc)-{v14 9J\ cy\R\R.aev\RJ\i5\, \i\knn,a,k d '1(00\ 60\m/Ue! j\t_ R date: lici16 I, the undersigned, give permission for my testimonial to be used in order to help combat the Florida legislatures attempt to reschedule kratom in 2016 and beyond. Not all testimonials will be utilized. 410 Where are you located? U.\\rA- Name date: Kratom Questionnaire and Testimonial How old are you? 35 How often do you use kratom? When was your first experience with kratom? aooci Would you consider kratom a positive, negative, or neutral affect in your life? Should kratom remain legal?C) N / Unsure Please describe how Kratom has affected you (positively or negatively) since you first decided to try it (use the back of the page for added space if needed). Please describe how kratom and the community has aided you. How would the loss of kratom affect your life and health? vkr_ GAO 3 V"vck beY)i P C/iC"-v oc)_-%2 CS • 001(\ 0,CA ouncA v QCAi Ok-tA -e-v1 v-2 S 5 i GG. LA w c)A c)( CV\ s s L 4-v1c\-.5-v)ot s c3C__ 0-/L_s) date: ID -11 c I, the undersigned, give permission for my testimonial to be used in order to help combat the Florida legislatures attempt to reschedule kratom in 2016 and beyond. Not all testimonials will be utilized. Name date: Kratom Questionnaire and Testimonial Where are you located? C '` ,t9t')0\ eN .;d are you? Z. 3 How often do you use kratom? Men was your first experience with kratom? %/e Would you consider kratom a positive, negative, or neutral affect in your life? W- ., \CC Should kratom remain legal?/ N / Unsure Please describe how Kratom has affected you (positively or negatively) since you first decided to try it (use the back of the page for added space if needed). Please describe how kratom and the community has aided you. How would the loss of kratom affect your life and health? ker-; 001,c>J ag e 1 „e (1, , ,- Vt)cirkze51 ce-xAA els) PA.V.) 0, ).k\-- ‘Ai,y a_exc v, kzey.A p\o-cc ck\r_ok,\ t1 mr,, vef r z cam,, 9._caL\( c-vit) ,o,, Va ' o c\eeA4.,_ u c ., e xG\e kt5 1 S A 1.\t4, 1\ tkc date: o\ (, / I, the undersigned, give permission for my testimonial to be used in order to help combat the Florida legis- latures attempt to reschedule kratom in 2016 and beyond. Not all testimonials will be utilized. Name VS-5tAM irtCP\ Kratom Questionnaire and Testimonial OSWhereareyoulocated? How old are you? How often do you use kratom? date: When was your first experience with kratom? Would you consider kratom a positive, negative, or neutral affect in your life? Should kratom remain legal? Y / N / Unsure Please describe how Kratom has affected you (positively or negatively) since you first decided to try it (use the back of the page for added space if needed). Please describe how kratom and the community has aided you. How would the Toss of kratom affect your life and health? C I, the undersigned, give permission for my testimonial to be used in order to help combat the Florida legis- latures attempt to reschedule kratom in 2016 and beyond. Not all testimonials will be utilized. Name " - date: Kratom Questionnaire and Testimonial Where are you located? Sf isb tiro How old are you? 3 zi How often do you use kratom? / 75,24e'C1 L+./eeic When was your first experience with kratom? Feb 2,17/S` Would you consider kratom a positive, negative, or neutral affect in your life? Should kratom remain Iegal'Y.,,i' N / Unsure p /tf t/e Please describe how Kratom has affected you (positively or negatively) since you first decided to try it (use the back of the page for added space if needed). Please describe how kratom and the community has aided you. How would the loss of kratom affect your life and health? v/ fi L.}.1/ % /7;" T h r/r X2 date: / res I, the undersigned, give permission for my testimonial to be used in order to help combat the Florida legis- latures attempt to reschedule kratom in 2016 and beyond. Not all testimonials will be utilized. Name date: Kratom Questionnaire and Testimonial Where are you located? ` " _ rbcs How old are you? How often do you use kratom? N3a_ 11 C , When was your first experience with kratom? Ver0r1 zD V--- Would you consider kratom a positive, negative, or neutral affect in your life? Should kratom remain legal N / Unsure Please describe how Kratom has affected you (positively or negatively) since you first decided to try it (use the back of the page for added space if needed). Please describe how kratom and the community has aided you. How would the Toss of kratom affect your life and health? G-- --at_ -c-e 1 'n ' i \ 2 b( arj 1D- - D 6_rc anA Com\ C \oc. . \f-Nra_t)A-- Y -n s bye e 1E-?._ G ig 1 `t V C ckE C;c)1.0,(\-±—ck.`.‘ (An \N-, CVt3C) p X 4/\oz-z-pa date: 1, the undersigned, give permission for my testimonial to be used in order to help combat the Florida legis- latures attempt to reschedule kratom in 2016 and beyond. Not all testimonials will be utilized. Name: \it)( Kratom Questionnaire and Testimonial Where are you located? How old are you? 70 Date: Ju -1 C W.\- How often do you use kratom? No 1N\ When was your first experience with kratom? EEx mo 15 ono Would you consider kratom a positive, negative, or neutral affect in your life? \t' 1 Should kratom remain legal / N / Unsure Please describe how Kratom has affected you (positively or negatively) since you first decided to try it (use the back of the page for added space if needed). Please describe how kratom and the community has aided you. How would the loss of kratom affect your life and health? Tkqe srAmr,t. - V'Sa. \ e. \co4 • _ On (Nni l \ fZ 1 er\es ‘ e4- rnin- '3eC3r<-- \A (yr) W,) -0(n! ry\nCtry '\1 ( ,k'v\ .t•‘-e''p`°S.._%) CN1a \o1/4.4) . 3n4 +Ovv- kvvi- c F ac)--k5n /Y O i e-yfir,Y\ VNiat 1.),)‹re A i. CN Po, r 1(Y io \ fir reye 1r1 30,1t, x--- dates I, the Undersigned, give permission for my testimonial to be used in order to help combat the Florida iec;isiatures attempt to reschedule kratom in 2016 and beyond. Not all testimonials will be utilized. Name date: KelAj4 H---5146 Kratom Questionnaire and Testimonial Where are you located? 61,l it How old are you? How often do you use kratom? ) I It'`teS . When was your first experience with krat ,m ? { Wu,q ‘°"5-1- Yr Would you consider kratom a positii,; , negative, or neutral affect in your life? Should kratom remain legal?g/ N / Unsure Please describe how Kratom has affected you (positively or negatively) since you first decided to try it (use the back of the page for added space if needed). Please describe how kratom and the community has aided you. How would the loss of kratom affect your life and health? rsiti lk e x y j4tt X date: / .-1 c=ll, I, the undersigned, give permission for my testimonial to be used in order to help combat the Florida legislatures attempt to reschedule kratom in 2016 and beyond. Not all testimonials will be utilized. Name date: Kratom Questionnaire and Testimonial Where are you located? / , Furs How old are you? 35 I How often do you use kratom? 2-3 +C0/x7S aiJ t, When was your first experience with kratom? 0(3 Would you consider kratom a positive, negative, or neutral affect in your life? r0 f2Ir( fe Should kratom remain legal N / Unsure Please describe how Kratom has affected you (positively or negatively) since you first decided to try it (use the back of the page for added space if needed). Please describe how kratom and the community has aided you. How would the loss of kratom affect your life and health? J„6,teptitel v4,44, ,A,trfu, amelJ ,- a„,24 /1) nJ_el4.. - 4 , , , ja4A; 11/1,4d ./e÷ .1(Al. t:dA:ax,/ X A,i/J.as C date: I, the undersigned, give permission for my testimonial to be used in order to help combat the Florida legislatures attempt to reschedule kratom in 2016 and beyond. Not all testimonials will be utilized. Name date: Kratom Questionnaire and Testimonial__ Where are you located? V_ P-tik ou-ry ) How old are you? 3g: How often do you use kratom? DOLL j, When was your first experience with kratom? OCAD nn Would you consider kratom a positive, negative, or neutral affect in your life? Should kratom remain legal? / N / Unsure Please describe how Kratom has affected you (positively or negatively) since you first decided to try it (use the back of the page for added space if needed). Please describe how kratom and the community has aided you. How would the loss of kratom affect your life and health? Krokiuni164,6k,6) lfvt i P. wv cc vex3 o45-q-yC LCl tAf UJ() `fraS 81, 9S Ce/ I I il.YC VY10fG 4 (J 60‘(.4+1,6r4.- iocrifie, CAA() tJ a,f4e,_11,4,d) 451.)-105 Atd cirteirtants( ) uIi n no o i,t,,r wee ct J buw—t -_ hk\tc read e o 3U14 , 411, atrYINANAAtut nij bCa fct-1(1 Pik ii-e,W,(3 .00.dirvt'lviAJhec( n° (61r( time Head a.0 jne1 hLY oczr I u fu.f ke I1' reyt X yi ElAuct owa date: I, the undersigned, give permission for my testimonial to be used in order to help combat the Florida legislatures attempt to reschedule kratom in 2016 and beyond. Not all testimonials will be utilized. Name date: Kratom Questionnaire and Testimonial Where are you located? z5"5 \ou (5 How old are you? ZS How often do you use kratom? rA3s-k- AO) When was your first experience with kratom? 1 • 5 r_o.)--s 90 Would you consider kratom a positive, negative, or neutral affect in your life? Should kratom remain legal/ N / Unsure Please describe how Kratom has affected you (positively or negatively) since you first decided to try it (use the back of the page for added space if needed). Please describe how kratom and the community has aided you. How would the Toss of kratom affect your life and health? C c V W\v- )C \ YA- o rh hch c c1 p -i'v<. rr I0{!-- G S O -z- ;nn) re, 9 coGIuc+i .r , (,,kc -41 cc (IL- is -- 0T ha AAA-- T•t c.ctINs be(a G( 56,4 od JQiJJ fin co -\ a vera Gf oP,-µu- /'iadd - Ni oak r, Idl be_ an (fv Y) n j un -1- rno c ham See,, CO rv.-s w 41 ;- I p 1 pts( pl X date: / Mph 1, the undersigned, give permission for my testimonial to be used in order to help combat the Florida legislatures attempt to reschedule kratom in 2016 and beyond. Not all testimonials will be Name date: Kratom Questionnaire and Testimonial Wher€ are you located? 5 T, /a0 ) How rv_; y -e you? 2 7 Kew often do you use kratom? a/4. ,/ When was your first experience with kratom? Wo . id you consider kratom a positive, negative, or neutral affect in your life? Should kratom remain legal N I Unsure Please describe how Kratom has affected you (positively or negatively) since you first decided to try it (use the back of the page for added space if needed). Please describe how kratom and the community has aided you. How would the loss of kratom affect your life and health? k74-141 h 5Pet//y p e o fiJ q'''tyC .77-.• lVe3" U 9 ie7S , Xis' ve.r y r /4/, h or ehe/ e -ii efel4/-6,1e7„ /1-T/a/0 / fr_ s /e),4 / 4 h ci le , sever / be tJ.e 0-f- 9 he ; y,,4,,,,-74-'Z nof, neve Se i25 % / 411 j h /1 1,1 WOK=" d, ' Yo a /AA c; o S'p, nerves sed PI ; 62 , j5Ae Ca. -?X w.c / k_ tie Idl %'i/ .i/ / ,/--A, .1-- AYG' i,lG'> L y"Irr`fs," y l1 v ( St tris fi 1 S , 5}'i 5 G3vr,1e'/C' Pat ` , is q 1yc, he /r/ii-7 25 os progres 5 -.A /0 0 IA fAy94 / liv--tqP im pre55''v8 C/e1.' ted iel , -ve''' 4'4 e i e'lei- PY71- I, the undersigned, give permission for my testimonial to be used in order to help combat the Florida legislatures attempt to reschedule kratom in 2016 and beyond. Not all testimonials will be utilized. Name 1-i aph cectS,ni date: \fA\(6, Kratom Questionnaire and Testimonial Where are you located? Gt}ve c e C6 CV o ttiL How old are you?tq jars How often do you use kratom? e ve y When was your first experience with kratom? )U\/ l , SIS Would you consider kratom a positive, negative, or neutral affect in your life? 3o`ve Should kratom remain legal?YC N / Unsure Please describe how Kratom has affected you (positively or negatively) since you first decided to try it (use the back of the page for added space if needed). Please describe how kratom and the community has aided you. How would the loap of kratom' l- affect your life and health? 5itit4 1 Moved IQCk Si. {'k(' t'OM r o ik,3Q. /) QC,Q'YYr o lzA l w P.! Vr„A z,svt L S Lelpeewer Ont - tido \r1c\ Veleit Int) f4,nC 4 'i CfUt! vim. Inca iLe.n_ y\ -14c (ry and s iy Q05..1 \ au - &let Ve..6 grin' My 111,,kOr I S (vitt for my 01/461/1 \ QUC+!#in(1 a} '-.JrOIC Of \A Or/y:1s Cfiv4e ©c 0M C.V(l 1{ COCII,non14-yc,'alcCa ,'a1, ; T. stave 1091 Som© arnciZ•;ny a i 10 e J Cn[ s. arr, IAN) \1-.,y,\ 1. ?+c•U'. risen In rt. since tno *o C,pc°,cla)_ LT . \o \'Crarorh WOold S\A\ i\con.. oT o V4\e 4o ce\U{ 4^ ,\ i ti very e 5y io t+)' lea\\\ny cxra 5liie fn j C ioc w;IL X ati, Ptite- date: l, I, the undersigned, give permission for my testimonial to be used in order to help combat the Florida legis- latures attempt to reschedule kratom in 2016 and beyond. Not all testimonials will be utilized. Name fof Kratom Questionnaire and Testimonial Where are you located? e ‘ i,7 v1 eeir date: /57/6 How old are you? 2_ 7 How often do you use kratom? i/C ro y-'1- 147 When was your first experience with kratom? Kj C,7"--c,iOP Would you consider kratom a positive, negative, or neutral affect in your life? /911, - Ue Should kratom remain legalj/ N I Unsure Please describe how Kratom has affected you (positively or negatively) since you first decided to try it (use the back of the page for added space if needed). Please describe how kratom and the community has aided you. How would the loss of kratom affect your life and health? c/ P -t5 /) cwriP , 7.--1 Gin _7v " PeA r 171 ( 11101 S C 5 () ) ©f 7-K6 t .%2 jr7 c/1-1, 4 V147 c."/(ee( ac-/ e313/1),//e:/-7 X date: I, the undersigned, give permission for my testimonial to be used in order to help combat the Florida legis- latures attempt to reschedule kratom in 2016 and beyond. Not all testimonials will be utilized. Name 0 (---1 A 3 0 11 date: 1111 Kratom Questionnaire and Testimonial , C { Where are you located? '}- e v ` j b or (-) How old are you? I 7 How often do you use kratom? Lv C -e \ (Th When was your first experience with kratom? CLF RQ Would you consider kratom a positive, negative, or neutral affect in your life? Should kratom remain legal V N / Unsure Please describe how Kratom has affected you (positively or negatively) since you first decided to try it (use the back of the page for added space if needed). Please describe how kratom and the community has aided you. How would the loss of kratom affect your life and health? X J date: I, the undersigned, give permission for my testimonial to be used in order to help combat the Florida legis- latures attempt to reschedule kratom in 2016 and beyond. Not all testimonials will be utilized. Name date: "w r ti-%1"` Kratom Questionnaire and Testimonial Where are you located? V/4--/ri&e) jL How old are you? How often do you use kratom? 1)0 When was your first experience with kratom? 4 i6 y 5A; Would you consider kratom a positive, negative, or neutral affect in your life? PeSi t1(._ Should kratom remain legal! N / Unsure Please describe how Kratom has affected you (positively or negatively) since you first decided to try it (use the back of the page for added space if needed). Please describe how kratom and the community has aided you. How would the loss of kratom affect your life and health? z s An 1 kvw^ 2 (-1 All -c.) -e- La OA-- : S V er,t. t4- r.1--eA4'_ o ' J,&. /tt. U, rc, l C w J 7 em./ -1-AA4 e_ 1 Lei - 0/1 N/' J l ihV -"` %. k— s h t/ e-3 s A c s pr I -L - P4-15 -(--- G7sJWim. i p ' f 1,J11 Owe NI 4' all iffel4 - 3 V 44/4A ld t1/44 t` v - v- f/S s evopr— 7- 13ri s Pe_en'e w`` 'w X date: r r S c, I, the undersigned, give permission for my testimonial to be used in order to help combat the Florida legislatures attempt to reschedule kratom in 2016 and beyond. Not all testimonials will be utilized. Name date: akheX QuiN i \u Iry Kratom Questionnaire and Testimonial Where are you located? \{ a\ V l co i How old are 1:c1,:..? gl How often do yo.; use kratom?t+ When was you; first experience with kratom? kOVbu, J0 t+k Would yc consider kratom a positive, negative, or neutral affect in your life? \)CA1 11 VU Should kratom remain legal. / N / Unsure Please describe how Kratom has affected you (positively or negatively) since you first decided to try it (use the back of the page for added space if needed). Please describe how kratom and the community has aided you. How would the loss of kratom affect your life and health? w a s n -hr o d uC t -}o IfxokorA x.11' -ISA. uvtev a. (c.r D, aA" a- had. I VOA S C C nay ,li . Ic D 1 q my crt -Porn '`1 i cm& PrAvvo 7\--lnt, r s- 4.'Sad aYNot ctr'a.n i_ am was mt'borir66( ona ,N) \noqN.t e -on -h AN 1 rnct na3 0& kcf-rket ry\aLint3 Sad mss S v pi y s 0,0 1 taut ( 1/49,e) ctcy* ( S JD- ea 0 arS Oma( 0,0\c, ,a et A-0 CSCS Cin pp s tk yNekN3j s a uA a aYi V - .P us ctf sv\arc ;,o -Orin 0 p-opIei W' at mss , 6( b\(- ak, ok,uu ckp ct/ 1 vt \ Oma' t r l '1 Y wm oL t - . Y -- .park- f Snotik.lGL so -c bC>`nY-e a QS I- QS RO-E c.SSc 0,11\{ `s S t a atD X -0 date: Ltco-Ie I, the undersigned, give permission for my testimonial to be used in order to help combat the Florida legislatures attempt to reschedule kratom in 2016 and beyond. Not all testimonials will be utilized. Name date: jaN., LOVL Z.,67 (47 Kratom Questionnaire and Testimonial ) 1 Where are you located? PePeQbvic-pi 16-y2-0G. How old are you? 7k How often do you use kratom? -DC When was your first experience with kratom? p Ci -C.;!-:( Would you consider kratom ositive, negative, or neutral affect in your life? Should kratom remain le N / Unsure Please describe how Kratom has affected you (positively or negatively) since you first decided to try it (use the back of the page for added space if needed). Please describe how kratom and the community has aided you. How would the loss of kratom affect your life and health? 61CiLti\A' (LC ' SGS i y€ j yAt, 0 -a? -‘1734A aL 4 /;1 L4/1"Pte--e V41A- ed'fd s A/t/d3 ivt3 02./d ci 7/ paAfilm-oyL9) . , A,ovti»,;(1( ak-vt (A);(„41----- frub AA-- tve -egP 0--YP3 aA (, jib cit Y b ( X date: I, the undersigned, give permission for my testimonial to be used in order to help combat the Florida legislatures attempt to reschedule kratom in 2016 and beyond. Not all testimonials will be utilized. Name date: h e S1iyAIL 111 [6 Kratom Questionnaire and Testimonial Where are you located? SA eek How old are you? 30 How often do you use kratom? CAD 044/- e-ek _ r When was your first experience with kratom? ! "b r 6 L cD t S Would you consider kratom a positive, negative, or neutral affect in your life? Should kratom remain leg Unsure Please describe how Kratom has affected you (positively or negatively) since you first decided to try it (use the back of the page for added space if needed). Please describe how kratom and the community has aided you. iHow l would the loss of kratom affect your life and health? Yid' tGt /`'l f'_ S lel ©S i r PJA1CecC C'j AS bupt-' A,4or r Coss e 4)- (\ sus' ( jd 0SSa-e,9 tS S CAS J- d ate: vi)— Ge- jCs- Gpd^ Z- I, the undersigned, give permission for my testimonial to be used in order to help combat the Florida legislatures attempt to reschedule kratom in 2016 and beyond. Not all testimonials will be utilized. Name date: Kratom Questionnaire and Testimonial Where are you located? 105- r>S 7-r4 /-4(-s_ How old are you? 13t How often do you use kratom? When was your first experience with kratom?v Would you consider kratom apositive, negative, or neutral affect in your life? Should kratom remain leg N / Unsure o 'll\1l Please describe how Kratom has affected you (positively or negatively) since you first decided to try it (use the back of the page for added space if needed). Please describe how kratom and the community has aided you. How would the loss of kratom affect your life and health? p b, C iC ger 1-r`l(\A 600 1 KAff-F-') R-5 Is Pr (AN (s fua,1 7 ficr/icp_pr-7-0({) )-(e-g.1-- tAMEO "rrtOg 0 6)1 5p\ -)T. -:e 99(?): P p ficA bio Le- gr ?Pp—. (34(%6Q001 I, the undersigned, give permission for my testimonial to be used in order to help combat the Florida legislatures attempt to reschedule kratom in 2016 and beyond. Not all testimonials will be utilized. Xei)cA-c6 0-7(-) q'D Kooqcot-v( i n o 1-F{ F/_(,yof„-ry G-6v\)b V&0L01-_ 741- L61)---110( S4 -u1/ -7: A 13 D -4" POI) &) (49" 1V11)1,L- )1L- eX 1\104 k 4G0) 1 1----F11-55- me I S i n I T LE747 rop,e-velL rob F'- 41__ToRrj,„6-50e- e.4 b 1Namedate: pot /6 1111tKratom Questionnaire and Testimonial9 Where are you located? c SA 2/7 How often do you use kratom? r A Pe , ) When was your first experience with kratom?/ `1 5,1;' U•Q How old are you? Would you consider kratom a positive, negative, or neutral affect in your life? Should kratom remain legal N / Unsure Please describe how Kratom has affected you (positively or negatively) since you first decided to try it (use the back of the page for added space if needed). Please describe how kratom and the community has aided you. How would the Toss of kratom affect your life and health? 14q-,4 p7-sp A (7-- epiv/4-7; 7 /3,4(2_ date: /g//-6 1, the undersigned, give permission for my testimonial to be used in order to help combat the Florida legislatures attempt to reschedule kratom in 2016 and beyond. Not all testimonials will be utilized. Name date: Lou/Lila s\ -a Kratom Questionnaire and Testimonial Where are you located? How old are you? aS' 4ov)- r How often do you use kratom? When was your first experience with kratom? (90 (a Would you consider kratom a positive, negative, or neutral affect in your life? Should kratom remain legal N / Unsure aid? 1/ Please describe how Kratom has affected you (positively or negatively) since you first decided to try it (use the back of the page for added space if needed). Please describe how kratom and the community has aided you. How would the Toss of kratom affect your life and health? ariva 2A,06;Lets? • d „eitztad&e469,/ Aez 0' 3 _ Olio 6t .th /a dive. ifolzuLs amd .../teg iu,ove_ yv-/U// L) • avte viit 7utiL. ,v/tai.e aA_ ,L,4_be_ wsi ,ex e)17- Le , / J 0" /'.i/I s_%e% t-Zce:5, co -1w,-) C6Yt (,,Ci2l(dL , i -62a) AL moss (,vczc(d nay .,6 / - % utd ii/yei I . .,o/u a__ 42/zer2„67,uto(6y /zzr,17-ve 6/(2V.. date: lai/‘.e_ I, the undersigned, give permission for my testimonial to be used in order to help combat the Florida legislatures attempt to reschedule kratom in 2016 and beyond. Not all testimonials will be utilized. Name eA,, Our r)&W date: Kratom Questionnaire and Testimonial 1 Where are you located? ---)Ht-.: CX S L, X t 00 A.6( - How old are you? ! o _ a_ How often do you use kr^toi ? 1T - °< When was your first experience with kratom? rears o o Wound you consider kratom . •ositive r egative, or neutral affect in your life? Should kratom remain legal N / Unsure . Please describe how Kratom has affected you (positively or negatively) since you first decided to try it (use the back of the page for added space if needed). Please describe how kratom and the community has aided you. How would the Toss of kratom affect your life and health? EVeltkh_ere Kra.-tut'ks sex -veal s OQx1 aleohoC=re2 1Zn*(onmat, ,L know marl .e who use +0 go Ow- ark c.k d,;rLu,K pvoryda.ib and: S oul• r ws S some sorb , or,L now -nose. 9mQ . cxrtt -\-hf& o,PA-00-e kz Ao l cm), botzeicakS, OA/a_ locues No- -VINO-1 \'-e c_ reyiaar bar o -I nu,Q C keno\i C r err€ es o x ()c. ([' an I, the undersigned, give permission for my testimonial to be used in order to help combat the Florida legis- latures attempt to reschedule kratom in 2016 and beyond. Not all testimonials will be utilized. AIWA J c'weL commun.\CkS we- lw--Q 60- 1 - Is m o hoX ‘n-eaAthA ?eac..E-R4, \c3 i4 ?-eop-QA coe-1 s'ivsen Can vLsCW:\\“\-0 (k_ Ok_va. box" teuL WA\ Rra of,everion MOOi 04,03-k-3 ,ceatv(1 boc* muS\ Cat 'OrGiyuVuzn-k-S Qfpop'n a_ 06--cryitA, Tme9 au& OT .elten syAmool woy-\( C ciP)DYSP DOX COMQ)uriN S-k\b\IQ. k\,y2sk " yo,va \occ6ire \Wk. wcAkAwr\-e s &SQ -Pe vvt can ctO YIGW.€ CIT7th \< SOrf\-- otflok. en0 to\x( Prva_ \Y\ san o\ e)-Ectsz o -c/ SOrnrecpr VokkAl. 0-8010,--v•e- t_CC-e(A-Qrtr\-,P5L-k-ONYA, Ccar‘ Pc\\ NieltsLk - k-t) scir\-Wc_ &&K -1,cr) e‘) ErSof\ak\u- cycl--R)3V eo beccOe e\y) Ian 0a Ackk ),10Ape. „0.€2*.pwreLt and, A atockei Or\ r aik-A- -k-'(01-6(3kr2_ , SO kitS Ha:V(5(y)- W) Name date: Kratom Questionnaire and Testimonial C bL P-\- 'C i_, _ ----1.--- Where are you located? How old are mi';' -7 How often do you usr kratom? 1-1 — .12\r" --€A U. V Re)( --1 When was your first experience with kratom? 1(•elArc Would you consider kratom a positive, negative, or neutral affect in your life? POCtiCk\JeCA1 Should kratom remain legal N / Unsure Please describe how Kratom has affected you (positively or negatively) since you first decided to try it (use the back of the page for added space if needed). Please describe how kratom and the community has aided you. How would the loss of kratom affect your life and health? 1 kf Lto cert. iv c.L toc- P 14-rAle.- L.) ;i -k_ 6,14,AC_ 1—? , t c-`e'eA A4S b C(PO( ftila! 1614. L.AP'l l i)a)c) : A -I cc T I 40 fr-e-de tec< V07-,C\-0 y \ A \a%) I-V11 eWaLv-) click *.L S Ccaa,,e--- (b J k--vfof4-tie.&();1---z/ (2q7c-e-k( V A9a--, I, the undersigned, give permission for my testimonial to be used in order to help combat the Florida legislatures attempt to reschedule kratom in 2016 and beyond. Not all testimonials will be utilized. Name date: Kratom Questionnaire and Testimonial Where are you located? So:,rtt Pe.64 How old are you? 2_ 5 How often do you use kratom? When was your first experience with kratom? M. A, /0 \ Would you consider kratom a positive, negative, or neutral affect in your life? 4e JVcuNry Should kratom remain legal/ N / Unsure Please describe how Kratom has affected you (positively or negatively) since you first decided to try it (use the back of the page for added space if needed). Please describe how kratom and the community has aided you. How would the Toss of kratom affect your life and health? ` 1 1kC A.Dr- cpl. ' tovi ct \me_ Li; 4- 0 oje_ c.P L 1 - a.1.1c--1; w cof rv-• o ft1 l n— r‘ Z S Vrt.55 V -e. i _ -- le45 J oc_ 4-r then -,I *0 On I "Sc iv`. h4f i 00,,.t CO «\ 0C car)C'ivc me..-\--1,‘As; Cov - COAL- 7– LC -i &e(01— - X (23,-1",/,;__W d ate : I s ' 20r(, 1, the undersigned, give permission for my testimonial to be used in order to help combat the Florida legislatures attempt to reschedule kratom in 2016 and beyond. Not all testimonials will be utilized. Name date: Kratom Questionnaire and Testimonialn Where are you located? YLet How old are you? How often do you use kratom? \p QL) When was your first experience with kratom? k,4 * ofC) would you consider kratom a positive, negative, or neutral affect in your life? Should kratom remain legal? Y) N / Unsure Please describe how Kratom has affected you (positively or negatively) since you first decided to try it (use the back of the page for added space if needed). Please describe how kratom and the community has aided you. How would the loss of kratom affect your life and health? C' Atni pAkS 90r\ tM. n o,\\--t\c0\,k;\\ik-Vo C/O-AlkS "C4-` date: 1, the undersigned, give permission for my testimonial to be used in order to help combat the Florida legislatures attempt to reschedule kratom in 2016 and beyond. Not alt testimonials will be utilized. Name Kratom Questionnaire and Testimonial Where are you located? t{ date: L How old are you? How often do you use kratom? COCe: When was your first experience with kratom? ( J\/ Would you consider kratom a positive, negative, or neutral affect in your life? Should kratom remain legal'%N / Unsure Please describe how Kratom has affected you (positively or negatively) since you first decided to try it (use the back of the page for added space if needed). Please describe how kratom and the community has aided you. How would the loss of kratom affect your life and health? II\ry, 1-‘40, u)A'(L djnierr' f",uiv\. ,6 - fro wk. MCiDC GU(e G45 1 a5 pet -4c i-iwtenrOct Rttxl01 date: is IL 1, the undersigned, give permission for my testimonial to be used in order to help combat the Florida legis- latures attempt to reschedule kratom in 2016 and beyond. Not all testimonials will be utilized. Name (r N date: Kratom Questionnaire and Testimonial Where are you located? idelEna i 1`"1 S c i t Q . Q. How old are you? How often do you use kratom? C)(022 When was your first experience with kratom?`}i S (Y .) Cir Would you consider kratom a positive, negative, or neutral affect in your life? v°l0-'r,1 Should kratom remain legal' 1! N / Unsure Please describe how Kratom has affected you (positively or negatively) since you first decided to try it (use the back of the page for added space if needed). Please describe how kratom and the community has aided you. How would the loss of kratom affect your life and health? K r cj a w 4, ee_G 1 kf 01/4- C- (-) C(-) rnMUn d ate : 1, the undersigned, give permission for my testimonial to be used in order to help combat the Florida legis- latures attempt to reschedule kratom in 2016 and beyond. Not all testimonials will be utilized. Name date: r6sc v (;jta YUt Kratom Questionnaire and Testimonial Where are you located? How old are you? How often do you use kratom? 'Y) 4. - When was your first experience with kratom? rj 2 )S WouldY ou consider kratom a positive, negative, or neutral affect in your life? Should kratom remain lega N / Unsure Please describe how Kratom has affected you (positively or negatively) since you first decided to try it (use the back of the page for added space if needed). Please describe how kratom and the community has aided you. How would the loss of kratom affect your life and health? 41-D'on nK-a pc it, - o ur a \o s- fte ruieci e k axiyz ; ht(4) irtsir(7 Vc,ts) 1NbW_ 'At -e- Cat dal/ 171 n air f) "c rat* r) 1 Sly .) c as gym n4 k Ylifi) a Earnm lo t- e IA layy L/ i/ ea-ch-egh,pe: LvAnit-/- A100.7461 41A -U vi_ad c(0, arYddit-f lowtX date: I, the undersigned, give permission for my testimonial to be used in order to help combat the Florida legislatures attempt to reschedule kratom in 2016 and beyond. Not all testimonials will be utilized. Name date: Jr<<tc Kratom Questionnaire and Testimonial Where are you located? How old are you? p 9 How often do you use kratom? When was your first experience with kratom? 73/ 7/7/ dl Would you consider kratom a positive, negative, or neutral affect in your lif Should kratom remain legal Yy N / Unsure Please describe how Kratom has affected you (positively or negatively) since you first decided to try it (use the back of the page for added space if needed). Please describe how kratom and the community has aided you. How would the loss of kratom affect your life and health? date: I, the undersigned, give permission for my testimonial to be used in order to help combat the Florida legislatures attempt to reschedule kratom in 2016 and beyond. Not all testimonials will be utilized. Name date: / o 14J r Kratom Questionnaire and Testimonial Where are you located? Fi : ( How old are you? 2 How often do you use kratom? 7-) ,'7 / When was your first experience with kratonn? Would you consider kratom a por: Live. negative, or neutral affect in your life? Should kratom remain legal? Y / N / Unsure G„ 5,2 l vr l\) Please describe how Kratom has affected you (positively or negatively) since you first decided to try it (use the back of the page for added space if needed). Please describe how kratom and the community has aided you. How would the Toss of kratom affect your life and health? r6 / 9e A / t j (1 G i / liGov '` lrnr 1'eA,,,rre,S 7) /0 date: j 76 I, the undersigned, give permission for my testimonial to be used in order to help combat the Florida legislatures attempt to reschedule kratom in 2016 and beyond. Not all testimonials will be utilized. Name date: Kratom Questionnaire and Testimonial Where are you located? ?1 How old are you? How often do you use kratom? When was your first experience with kratom? Would you consider kratom a positive, negative, or neutral affect in your life? t 1 331\( 2 Should kratom remain legal N / Unsure Please describe how Kratom has affected you (positively or negatively) since you first decided to try it (use the back of the page for added space if needed). Please describe how kratom and the community has aided you. How would the loss of kratom affect your life and health? S.ANs-1 f -Q --\cc. date: I, the undersigned, give permission for my testimonial to be used in order to help combat the Florida legislatures attempt to reschedule kratom in 2016 and beyond. Not all testimonials will be utilized. Name ^ •e\ ' \ date: —;} t , Kratom Questionnaire and Testimonial Where are you located? 6 '71Z How old are you? How often de yoL! use kratom? Eva' ci c When was your fret experience with kratom? Would you consider kratom a positive, negative, or neutral affect in your life? 'P6S,A arc, Should kratom remain legaiQ N / Unsure Please describe how Kratom has affected you (positively or negatively) since you first decided to try it (use the back of the page for added space if needed). Please describe how kratom and the community has aided you. How would the loss of kratom affect your life and health? Le- C .)»; dule i,' Pe -f-'o r f he :+kie. - Lr 1Pyntse 1 'S rrn•+r+ itittyi 4.tve . k i OM1 , 5 { rds-.4 re_ !- ‘tco vm C:onvilil tl' fu1I 1 V""0i7tkaAawki iR')0 U Stix; - NCS d ,%k krgAt fvt +'+"i' S7964' arti gcif,.rl G.1 et (I n , it AK Srnct 1 date: (--, -/6 1, the undersigned, give permission for my testimonial to be used in order to help combat the Florida legis- latures attempt to reschedule kratom in 2016 and beyond. Not all testimonials will be utilized. Name s e F/dfC/ Kratom Questionnaire and Testimonial c Where are you located? J EAl , of t How old are you? 2 3 date: How often do you use kratom? Oa 1 /y When was your first experience with kratom? 2 yew -5 ci, o Would you consider kratom a positive, negative, or neutral affect in your life? Should kratom remain legal / N / Unsure Please describe how Kratom has affected you (positively or negatively) since you first decided to try it (use the back of the page for added space if needed). Please describe how kratom and the community has aided you. How would the loss of kratom affect your life and health? sfarf ed gamy +0 a kcf U kira-i-o/vi bar ed 5uM off, 1 -he 5&:/ frit/ q /-er z 5fak f ed oiny throe a dii/otce s t was al a ys cam fortlny fo yo 7-© 9c L 4 9 d freihd 5 qre rood people. TA e v47Arafo /r 60.A4440 ify {iv- of nice s9e uihe pea t/e , 44y ek rgiuC goo 8()/ one I1 h clod fie c,) ner of tful halo' bocfi a1770/ 06es 11rc for 44 e, I e zo'gole hey lee cetv5e f -1P fec Je IP) the kt JA C%1.4401/ arc 11 g6Ouf eve peace, sf was tA9f p i. rca La zed how n i c e ePegohe Is c) '.cho-t-her i) the date: rte' , I, the undersigned, give permission for my testimonial to be used in order to help combat the Florida legis- latures attempt to reschedule kratom in 2016 and beyond. Not all testimonials will be utilized. Name S '' Kratom Questionnaire and Testimonial Where are you located? c)cf P)4rijwj, L.-0 are you? --_-3.3 low often do you use kratom? ' %,r / . Lail:_covereci rt lien was your first experience with kratom? /5-TI/V/ 020/6 Would you consider kratom a positive, negative, or neutral affect in your life? i Should kratom remain legal N / Unsure Please describe how Kratom has affected you (positively or negatively) since you first decided to try it (use the back of the page for added space if needed). Please describe how kratom and the community has aided you. How would the loss of kratom affect your life and health? date:t7 T4N 26 pre -1/ At o 117e qI/b3170/ 0 for r tl/%S/ /7'a7 S civ 'Lk/,.r/ca/ /rrl/2a/a4cP,", fiat i /1P more t"Avi A 1 I Y r'aI(chO/Ver-A if/42 7/7/700,s q o& /opr//1 re/gfi4/?, 4a/ cod/ he 1 Kup mP crofi7 cra.u)/»y /47 q ,;ff /'e. , haS /Ia ff1 I lQJ (-/61v4i e And rtheIp cc /7 i7 r i.Prpe`f E'" 11 -fccd< UJ/77 it: X r d ate : 1, the undersigned, give permission for my testimonial to be used in order to help combat the Florida legis- latures attempt to reschedule kratom in 2016 and beyond. Not all testimonials will be utilized. Name Kratom Questionnaire and Testimonial Where are you located? Z• 5/. }(''f7/4- 79 How old are you? How often do you use kratom? When was your first experience with kratom? 4 _ :"..:;, date: // _//tc- Would you consider kratom a positive, negative, or neutral affect in your life?z73/J/ i/e- Should kratom remain legal ?'/ N / Unsure Please describe how Kratom has affected you (positively or negatively) since you first decided to try it (use the back of the page for added space if needed). Please describe how kratom and the community has aided you. How would the Toss of kratom affect your life and health? Al s" 7(.07(-? c,40, ccx,„/ 7 r T lW/pk //t/kl/WoT)'fi(' fa wC ,4)/I/ y / _fG/T": Ye /`r fl 72 bG///,v/ f-rs . Ji) 9,TL a(-9/177,;-7), 2 .S imSS ,' 7%%/5 moi t C%f tea p)ref/ z.Jzwe/ //zd iy vii -2t 5 4 ,74(L_ 777c- -7(.6i-cel c/z-rp ire- ..V'/L ref (,,z< date: ///c//es 1, the undersigned, give permission for my testimonial to be used in order to help combat the Florida legis- latures attempt to reschedule kratom in 2016 and beyond. Not all testimonials will be utilized. Name: Date: Kratom Questionnaire and Testimonial Where are you located? How old are you? How often do you use kratom? h ,/"v When was your first experience with kratom?-° Would you consider kratom a positive, negative, or neutral affect in your life? Should kratom remain legal?g/ N / Unsure Please describe how Kratom has affected you (positively or negatively) since you first decided to try it (use the back of the page for added space if needed). Please describe how kratom and the community has aided you. How would the loss of kratom affect your life and health? C/ r ,Lo,,,,( Se tS a s 4/'p r A` //-",-2,7 d 71- tZ,rq vt' b.' 1.1 Gt 1 escc/ p- tc' oL c e 174'v/'C/ 1 p7'er— Gfh ci ir, nod P Coy-) ra 1 4 //• (3 e Gl / /F 7 C / 7r `'T7 7 'V14if /'f Vt-)I''»1, n elf Jv/ ;pc ;I" 17 I r 1 11 ) ro ;M vV? v Y7 1 o) 1 1, ,T ) t,,),/ (fe 1' r V Loa/ 7AJ I 111 _. J . y r C P r 1,0 6 `W -P l rovyt e W7 P g m c c etl; 1, of Lr, x 17 Vt I1-, hdtr rc m »1 u r_ ea 0 r avi tnyre date: I, the undersigned, give permission for my testimonial to be used in order to help combat the Florida legislatures attempt to reschedule kratom in 2016 and beyond. Not all testimonials will be utilized. Name date: Kratom Questionnaire and Testimonial `, Where are you located? _ ?tt('S\OW5 How old are you? 3 How often do you use kratom? tYV\-C,a X 'M When was your first experience with kratom? kAX\e )- - 3 Would you consider kratom a positive, negative, or neuirai affect in your life? Vf SI1`J-e) Should kratom remain legal N / Unsure Please describe how Kratom has affected you (positively or negatively) since you first decided to try it (use the back of the page for added space if needed). Please describe how kratom and the community has aided you. How would the Toss of kratom affect your life and health? oo Used tt YV&tovo) 1 s 991fd fikd V i e d =ov s elv- e Rol t-hj C o ot; l Vti 564-&m I Hcic,'v De s i V1 C e w ± _t-4 ease ct Vi XIf t swirl p A7t -14.84 DALre5 tte-d ivy otv; Vrn-el.j 1A014 -c,41 J fes I so vatow) I doh red om 6s o ,c--hj hahi Thao Votow- busakds 2avS ctVloi, 60l44Rn-El,I i Xl ; ctttowly 'MGt,O &1 V11VLV v1` YLG'W VLyV I Lr '.J t j°Y 171 (1 VVY J iown ll I VI. ! ; GvV4 CO Wl VAR VI i tjO x date: I, the undersigned, give permission for my testimonial to be used in order to help combat the Florida legislatures attempt to reschedule kratom in 2016 and beyond. Not all testimonials will be utilized. Name date: i S'tlYUA v Kratom Questionnaire and Testimonial Where are you located? 3M) f0(4-1 How old are you? to Jbftar 1 How often do you use kratom? 1-1 Ut 02 When was your first experience with kratom? 4114 b Would you consider kratom a positive, negative, or neutral affect in your life? fOC1hVb Should kratom remain legal? %Y) N / Unsure Please describe how Kratom has affected you (positively or negatively) since you first decided to try it (use the back of the page for added space if needed). Please describe how kratom and the community has aided you. How would the Toss of kratom affect your life and health? 1\46 t11/1 Or IP 00 p aS ot,P, dtbf ry e1tw, p rno(e So il C4? YYu fd'I IL'QfiBU d ki--11A (PtoN Slhu 20 11. kroamt {u H Avi (N{ II r4& e>Iwai i u u, 1 lrt w, ictiv Dci usOS1 ot, date: I, the undersigned, give permission for my testimonial to be used in order to help combat the Florida legislatures attempt to reschedule kratom in 2016 and beyond. Not all testimonials will be utilized. Name date: A % en 1i (is ( 20 \ q Kratom Questionnaire and Testimonial Where are you located? f \\as of Ork ] How old are you? a How often do you use kratom? 5 2 - \Pars C) we When was your first experience with kratom? 3(11 CCt S') Would you consider kratom a positiv, , negative, or neutral affect in your life? POS\AWC, Should kratom remain legal? Y N / Unsure Please describe how Kratom has affected you (positively or negatively) since you first decided to try it (use the back of the page for added space if needed). Please describe how kratom and the community has aided you. How would the loss of kratom affect your life and health? haft, been cli v os-ed u aY0\01 a ka- \niTNN. c \s t , ands (AnnQ SAWS-'d 40 DVr) , aSQ \ , «- -C . b(CC w s-e w tl MCSS kW -Ont -ec -\ U0 o0, oc) c000 \CG,d +0 rn4r e Svgs D muse a0,L;vc d leve\S to CAWs y ov C" WGTA<-. , \40A-0.01 d O cvS roc* aq-e cA- ev e1S On C. J yfay - haV e 1ny Y` esc;-cd i used am s I e- and xj c \ (-P e c.Y even ( tS lP ck\n mcd\ LthC 1()QS r& - cYckei c CO rn car t +6 &Nr c l-e help e — eC Kra how e e ,° 's vn v-e , ems} v t cU-c1( 1no n -e Side - ss eco X date: i(i5iQlo I, the undersigned, give permission for my testimonial to be used in order to help combat the Florida legislatures attempt to reschedule kratom in 2016 and beyond. Not all testimonials will be utilized. Name date: Kratom Questionnaire and Testimonial Where are you located? i t k cpof - } ¶ How old are you? 46 How often do you use kratom? C4.13:1\1 When was your first experience with kratom? Z-- y3,+;S Would you consider kratom a positive, negative, or neutral affect in your life? Should kratom remain legal? N / Unsure Please describe how Kratom has affected you (positively or negatively) since you first decided to try it (use the back of the page for added space if needed). Please describe how kratom and the community has aided you. How would the loss of kratom affect your life and health? LA, a f l `-fka o ` ()_QQ N401 tAAaAtc_s24-k tuj -j il ! , it abs24 Ok. (e-CUU 4k 0, R 11 • % , J ` litV)-. C%1.I,ogv•.L.CJ .c,A1, 0;,9, v-a9, a -0--i' . . v,'Nka ASlid(S , _, Q Jott• .o i1 i\ki " b c'ilf 'AWL -z r . 1 4 a. f yke,am,O, ,It, Jytc,Ac-A. --tv‘4).-0 4QMAAL3 i k . ct4o* , e,,L v -A- tom . ..c . J .tiel ` m-` ' .P e- .tom 461 ojio,„ J.0,31_ 4,„ Z,k-,s-Q JYAAA1):-V, Civv9, 4-&) .kilej c,, -Q WA-5QQ -o-c_ date://S/4 I, the undersigned, give permission for my testimonial to be used in order to help combat the Florida legislatures attempt to reschedule kratom in 2016 and beyond. Not all testimonials will be utilized. Name date: Kratom Questionnaire and Testimonial Where are you located? b /4d (PT, v, How old are you? bye How often do you ase kratom? 69/ When was your first experience with kratom? CMZ Vt1 &6 Qyv Would you consider kratom a positive, negative, or neutral affect in your life? ig,5. )-)re- Should kratom remain legal N / Unsure Please describe how Kratom has affected you (positively or negatively) since you first decided to try it (use the back of the page for added space if needed). Please describe how kratom and the community has aided you. How would the loss of kratom affect your life and health? AO'? L wJ l nkjvc e J T ,- 1 y,c e - /k a /c,26,; /u ic) l ) r rc !fid ct.: Coca‘ctt fh->y ihd J-ewcioye# 1 v --;r11 i'y 7c6' z'nJS . Cti o ro Ku l,. , 4r58 arc) vk-7q !fay- i * Y c , 72-76 4k`, 4 -1 ---ave, /11. lie [ax.e/ T 'ST, r( 6t6; 7 v fvncj a c c j - `k= a'7 000,E et5 ' a .r gtifec/ y 5067,'Ty wi'm-,7 6v,?7, cG Ia 1 fie U'e° `P Jin I /l i E' D1'Cr v6 if L(i13 t41 Cid luv p- 1 U" PhYs-G 5"6/CGr1-, r7 e4/et, )--7 J- Cy ie waved, bet t,virk7 .-oor Ply `G(141 ley 7)36ek 7-10 m-f`///eyed wool d q iwi/Yihi , C{.S /70 (,-e 1'7/ ere, -5 rh.pr C C4 -Fez it/ date: ///VC I, the undersigned, give permission for my testimonial to be used in order to help combat the Florida legislatures attempt to reschedule kratom in 2016 and beyond. Not all testimonials will be utilized. Name date: Kratom Questionnaire and Testimonial • Where are you located? S -L L How old are you? How often do you use kratom? 3 - s a_ (c When was your first experience with kratom? VYl0 \r\-- axy Would you consider kratom a positive, negative, or neutral affect in your life? Should kratom remain legal?(Y) N / Unsure Please describe how Kratom has affected you (positively or negatively) since you first decided to try it (use the back of the page for added space if needed). Please describe how kratom and the community has aided you. How would the loss of kratom affect your life and health? Vrte• -ov1,,, \- 5 %—e---Q--v1- 0 r e c t 0„breva H v:` -e-_. I-, .e -u c vt --E c.__EA ', 0) -----roLu\__c ( -c),..,,n6 .fi- --V-9-- a Q) -- C 5. ('e 5 V\° ;' _ ,'c' 0 1- 0 ''' ‘- 8,,,,,,z, e4e,_-(---.5 4,__QA___4- ,,.._d_,L.fe.._ e)>.c..e_e_5-1. _e....." C-32_ 6 , c--Q-e___ l , -- 0,_/\-- S k" __-ej Ti,e c20 en v ± 0._\--‘1/4. St`C rv\-A- . 0.f - 2- 5 4 CV--ev S --- e - X k ----"",w date: f-- -j6 I, the undersigned, give permission for my testimonial to be used in order to help combat the Florida legislatures attempt to reschedule kratom in 2016 and beyond. Not all testimonials will be utilized. Nameill < cc' pct e Ciere.41date: ((.5 Kratom Questionnaire and Testimonial Where are you located? .cGc l (1 How oiri i• -,.re you? ho -, often do you use kratom? 2 1\ ere- i >e6:kLi was your first experience with kratom? Jew- Would you consider kratom a positive, negative, or neutral affect in your life? Should kratom remain legal N / Unsure Please describe how Kratom has affected you (positively or negatively) since you first decided to try it (use the back of the page for added space if needed). Please describe how kratom and the community has aided you. How would the loss of kratom affect your life and health? coLi-Cti5 r Yee ve c (-ed cI r 'n ((no- l;4- and 0- recut j calm ti J ,t) n N c n ekd ,n 0, nc j 0, -Ad c \ i tom. d i ne ck hons4ty ofti r 1 reo cJ he.; m>u 3 0,M e (cx;G..\ X,i& a i4 S f lj \ne,I d. trc3 ; fncnu,e .9s 4oc; r L Pa. -i-- i 9cafloi n ,, rre . -ice( hecu1-x-11 le f-- ad h ccpp ey-®. d- `f -i s c\ ad CarrU z i t y p o s 4-r & e -p- 0,7 c v ev" % j O nQ _ o'1 O tu) 1 fh no ne.9c4r ye__ 431.a'e eeF . f 1- C I PG -r5 v date: /1 5 (c 1, the undersigned, give permission for my testimonial to be used in order to help combat the Florida legis- latures attempt to reschedule kratom in 2016 and beyond. Not all testimonials will be utilized. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#19-6935 Agenda Date: 11/7/2019 Status: Consent AgendaVersion: 2 File Type: Action ItemIn Control: Human Resources Agenda Number: 7.1 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. (consent) 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 11/7/2019 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: 11/7/2019 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.2 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 $402,848.40 to fund the contract. Page 1 City of Clearwater Printed on 11/7/2019 BID ITEMS QTY UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 1 Mobilization 1 LS 224,000.00$ 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: 11/7/2019 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.3 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 11/7/2019 File Number: ID#19-6960 Page 2 City of Clearwater Printed on 11/7/2019 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 1 of 1 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 ² 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: 11/7/2019 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.4 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 11/7/2019 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: 11/7/2019 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.5 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 11/7/2019 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 11/7/2019 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. TERMS AND CONDITIONS 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 TERMS AND CONDITIONS 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. TERMS AND CONDITIONS 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 TERMS AND CONDITIONS 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 TERMS AND CONDITIONS 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: 11/7/2019 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.6 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 11/7/2019 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: 11/7/2019 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.7 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 11/7/2019 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#19-6957 Agenda Date: 11/7/2019 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Solid Waste/General Services Agenda Number: 7.8 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 ($5,000). Proceeds from the trade-in are credited to Garage Fund surplus vehicle revenue (566-364413). APPROPRIATION CODE AND AMOUNT: 566-364413, Surplus Vehicles Page 1 City of Clearwater Printed on 11/7/2019 MOVING CONSTRUCTION FORWARD Contract# Contract price PAGE # Base Unit 75,264.86$ 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: 11/7/2019 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Solid Waste/General Services Agenda Number: 7.9 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 11/7/2019 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: 11/7/2019 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Solid Waste/General Services Agenda Number: 7.10 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 11/7/2019 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 INSTRUCTIONS 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 INSTRUCTIONS 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. INSTRUCTIONS 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, STANDARD TERMS AND CONDITIONS On-Board Tractor and Trailer Weighing System 8 ITB #55-19 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 On-Board Tractor and Trailer Weighing System 9 ITB #55-19 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 STANDARD TERMS AND CONDITIONS On-Board Tractor and Trailer Weighing System 10 ITB #55-19 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 On-Board Tractor and Trailer Weighing System 11 ITB #55-19 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: 11/7/2019 Status: Consent AgendaVersion: 2 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 7.11 SUBJECT/RECOMMENDATION: Reappoint Daniel Engel and Michael R. Mannino to the Municipal Code Enforcement Board with terms to expire October 31, 2022. (consent) 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 11/7/2019 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 At the November 4, 2019 work session, there was council consensus to reappoint Daniel Engel and Michael Mannino. Staff was directed to place the item on the Consent Agenda. Page 2 City of Clearwater Printed on 11/7/2019 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#19-7081 Agenda Date: 11/7/2019 Status: Consent AgendaVersion: 2 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 7.12 SUBJECT/RECOMMENDATION: Appoint Jonathan Barnes to the Public Art and Design Board as a citizen representative to fill the remainder of an unexpired term through April 30, 2021. (consent) 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 11/7/2019 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 At the November 4, 2019 work session, there was council consensus to appoint Mr. Barnes. Staff was directed to place the item on the Consent Agenda. Page 2 City of Clearwater Printed on 11/7/2019 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#19-6948 Agenda Date: 11/7/2019 Status: Consent AgendaVersion: 2 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 7.13 SUBJECT/RECOMMENDATION: Amend City Council Policies 2-2, Audit Committee, 3-7, Information Available to the Public and Press, and add City Council Policy 8-5, Renaming City Parks. (consent) 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. Policy 8-5 - Renaming City Parks Page 1 City of Clearwater Printed on 11/7/2019 File Number: ID#19-6948 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. At the November 4, 2019 work session, there was consensus to amend city council policies as presented, minus the Brick Streets and Welcome Letters policies. Staff was directed to place the item on the Consent Agenda and to schedule a future discussion on the required threshold for the Brick Streets policy. Page 2 City of Clearwater Printed on 11/7/2019 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 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 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. 2-9 4 To be reviewed November 2019 – marked up 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. 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. 2-10 5 To be reviewed November 2019 – marked up 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 2-10 cont’d 6 To be reviewed November 2019 – marked up 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 2-10 cont’d 7 To be reviewed November 2019 – marked up 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 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 2-11 8 To be reviewed November 2019 – marked up 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 2-14 2-14 cont’d 9 To be reviewed November 2019 – marked up 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 2-16 2-16 cont’d 10 To be reviewed November 2019 – marked up 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. 2-16 cont’d 11 To be reviewed November 2019 – marked up 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. 2-16 cont’d 12 To be reviewed November 2019 – marked up 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 2-16 cont’d 13 To be reviewed November 2019 – marked up 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. 2-21 2-21 cont’d 14 To be reviewed November 2019 – marked up 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 To be reviewed November 2019 – marked up 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. 3-8 16 To be reviewed November 2019 – marked up 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 To be reviewed November 2019 – marked up 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 To be reviewed November 2019 – marked up 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 To be reviewed November 2019 – marked up 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. 5-7 20 To be reviewed November 2019 – marked up 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; 5-8 21 To be reviewed November 2019 – marked up 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 5-9 22 To be reviewed November 2019 – marked up 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. 5-11 5-11 cont’d 23 To be reviewed November 2019 – marked up 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 5-14 24 To be reviewed November 2019 – marked up 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 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 6-7 25 To be reviewed November 2019 – marked up 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. 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 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 27 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 28 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 29 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 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. 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 cont’d 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#19-6938 Agenda Date: 11/7/2019 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Legal Department Agenda Number: 7.14 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 $160.00. The City Attorney believes this is a very reasonable rate for his services. The new agreement also has a five-year term, in accordance with current purchasing procedures. APPROPRIATION CODE AND AMOUNT: Funds are available in cost code 0109600-530100 to fund this contract. Page 1 City of Clearwater Printed on 11/7/2019 Name: Citizen Comment Card Address: /r.0j C/ City: C 4'74 Zip: 33 7( Telephone Number: rR 7'_ 7& 5e) - EmailEmail Address: l- jef;4"SQ,tik i()E$ Speaking under citizens to be heard re items not on the agenda? c / Agenda item(s) to which you wish to speak. What is your position on the item? For Against Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#19-6958 Agenda Date: 11/7/2019 Status: Public HearingVersion: 1 File Type: Action ItemIn Control: Planning & Development Agenda Number: 8.1 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 11/7/2019 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 11/7/2019 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 11/7/2019 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 11/7/2019 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 11/7/2019 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 11/7/2019 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 11/7/2019 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 ALL RIGHTS RESERVED DO NOT COPY OR REPRODUCE COPYRIGHT 2015 ALL RIGHTS RESERVED DO NOT COPY OR REPRODUCE COPYRIGHT 2015 ALL RIGHTS RESERVED DO NOT COPY OR REPRODUCE COPYRIGHT 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; 2 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 Name: Citizen Comment Card Address: L, z, \-1 oxLsev) z67$ /61) 1,6 c 1 - City: C/VGV4-7 6,.._. Zip: \IZ'Z Telephone Number: rp? / 5‘, -3eD Email Address: rl 'L'4+---7;4!SC9'U Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak: 1 What is your position on the item? For Against Citizen Comment Card Name: CH a. Arc/ 1,/.S Address: /14,/C4ck C City: 5 FG7y ganf2 . Zip: Telephone Number: Number: 7 -5".V - mss Email Address: /71'/7/' L `" mee5 h%re. Co/0-7 Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak: 0 I What is your position on the item? For Against Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9298-19 3rd rdg Agenda Date: 11/7/2019 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.1 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 11/7/2019 Ordinance No. 9298-19 ORDINANCE NO. 9298-19 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTYIES LOCATED GENERALLY NORTH OF LAKEVIEW ROAD, SOUTH OF DRUID ROAD, EAST OF SOUTH DUNCAN AVENUE, AND WEST OF SOUTH HERCULES AVENUE, WHOSE POST OFFICE ADDRESSES ARE IS 1819 AUDUBON STREET CLEARWATER, FLORIDA 33764 AND 1015 WOODSIDE AVENUE, CLEARWATER, FLORIDA 33756, TOGETHER WITH A CERTAIN PORTION OF AUDUBON STREET RIGHT-OF-WAY, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owners of the real propertiesy described herein and depicted on the map attached hereto as Exhibit B haves petitioned the City of Clearwater to annex the properties into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described propertiesy are is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: See attached Exhibit A for Legal Descriptions. (ANX2019-06001) The map attached as Exhibit B is hereby incorporated by reference. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Community Development Coordinator are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. Ordinance No. 9298-19 PASSED ON FIRST READING AS AMENDED PASSED ON SECOND READING ___________________________ AS AMENDED PASSED ON THIRD AND FINAL READING AND ADOPTED ___________________________ George N. Cretekos Mayor Approved as to form: Michael P. Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A LEGAL DESCRIPTIONS ANX2019-06001 ========================================================================================= No. Parcel ID Lot No., Block No. Address 1. 13-29-15-32382-000-0130 Lot 13 1819 Audubon St. The above in Gracemoor Subdivision, as recorded in PLAT BOOK 30, PAGE 7, of the Public Records of Pinellas County, Florida. No. Parcel ID Lot No., Block No. Address 2. 14-29-15-62010-000-0060 Lot 6 1015 Woodside Ave. The above in Unit 5 of Oak Acres Subdivision, as recorded in PLAT BOOK 30, PAGE 42, of the Public Records of Pinellas County, Florida. Together with the South 3’ wide portion of Right-of-Way of Audubon St., West of Regent Ave. Exhibit B 317000 406226266283832382 A B C D 24 29 34 39 14 21 44 23 30 33 40 15 20 43 16 19 22 31 32 41 42 17 18 9 8 5 4 1 1 2 3 31 7 6 3 2 4 10 10 11 12 13 14 15 16 5 11 126 7 13 148 9 15 19 18 17 16 1 2 3 4 5 6 1 2 3 4 1 6 52 3 4 1 2 3 4 56 7 8 9 10 1 2 3 4 533/0233/0133/03 33/04 33/05 33/06 33/08 33/071.17 33/09 50 68 142.17 142 163 163 213.61 240 120 137.01879595150 180.15110(S)109.4640(S)40100(S) 90 165.490 454545141.87 14232.3673 110 33 40 33 33 30 619926193861848406A A 10 9 8 5 6 1 19 20 21 7 1 2 3 4 5 6 7 8 9 10 11 12 13 3 4 (1) 4 33 33 AC(C) 1 21 1 DRUID RD S KEENE RD REGENT AVE WOODRUFF AVE WILLOWBRANCH AVE MAGNOLIA DR AUDUBON ST SHADY LN OAK LAKE DR FLORIDA AVE BROOKSIDE DR PARKLAND AVE MAGNOLIA DR 812 819 709 821 804 815 712 809 818 805 715 717 721 821 800 820 713 808 805 817 801 709 821 814 816 810 804 824 818 708 814 716 800 800 815 814 810 809 800 815 708 806801 715 713 806714 804 800 1003 1015 1008 17671011 1010 1012 186017651760101018351811176418261820 1017 10051808 18651814180010111809 101017661800 1016 18451830707 808 708 817 801 708 801 709 705 820 704 810 992 811 809 805 704 712 809 1784179818401004 180918461011 18301019 184818411819182918581845183418331827184218201825183118471828176810151810183010041005 18601020 1001-Not to Scale--Not a Survey-Rev. 9/17/2019 PROPOSED ANNEXATION Owner(s): Daniel De La Cruz Palma Case: ANX2019-06001 Site: 1819 Audubon Street Property Size(Acres): ROW (Acres): 0.42 .028 Land Use Zoning PIN: 13-29-15-32382-000-0130 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 298A To: Residential Low (RL) Low Medium Density Residential (LMDR) DRUID RD S KEENE RD WOODCREST AVE WOODSIDE AVE WOODRUFF AVE MAGNOLIA DR OAK LAKE DR AUDUBON ST JEFFORDS ST MAGNOLIA DR ^ PROJECT SITE -Not to Scale--Not a Survey-Rev. 6/10/2019 PROJECT SITE ^ LOCATION MAP Owner(s): Daniel De La Cruz Palma Marvin Dana Gulley Case: ANX2019-06001 Site: 1819 Audubon Street 1015 Woodside Avenue Property Size(Acres): ROW (Acres): 0.72 Land Use Zoning PIN: 13-29-15-32382-000-0130 14-29-15-62010-000-0060 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 298A 297B To: Residential Low (RL) Low Medium Density Residential (LMDR) AUDUBON ST AUDUBON ST DRUID RD DRUID RD S KEENE RD S KEENE RD WOODSIDE AVE WOODSIDE AVE WOODRUFF AVE WOODRUFF AVE WOODCREST AVE WOODCREST AVE MAGNOLIA DR MAGNOLIA DR OAK LAKE DR OAK LAKE DR JEFFORDS ST JEFFORDS ST MAGNOLIA DR MAGNOLIA DR -Not to Scale--Not a Survey-Rev. 6/10/2019 AERIAL MAP Owner(s): Daniel De La Cruz Palma Marvin Dana Gulley Case: ANX2019-06001 Site: 1819 Audubon Street 1015 Woodside Avenue Property Size(Acres): ROW (Acres): 0.72 Land Use Zoning PIN: 13-29-15-32382-000-0130 14-29-15-62010-000-0060 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 298A 297B To: Residential Low (RL) Low Medium Density Residential (LMDR) 317000 14 3 A B 32 9 8 7 10 11 12 13 14 1 2 3 4 1 2 3 4 5 133/0233/0133/03 33/04 33/05 33/06 1.17 33/ 50 68 142.17 142 163 163 213.61 137.01879595150 180.1540(S)90 165.490 454545141.87 14232.3673 110 33 40 33 33 30 30 13620106197461992619386184861956AB C B A 9 3 2 1 8 1 2 3 4 5 6 7 8 9 10 11 12 13 1 2 3 4 5 6 7 8 9 10 11 12 13 4 5 6 7 8 11 12 13 1 2 3 4 5 6 6 5 4 3 2 2 3 4 5 6 7 8 9 10 1 2 3 1 1 (1) 4 VACVACVAC 33 33 14 13 137.19 1515 3014 13 AC(C) 21 3 DRUID RD S KEENE RD WOODSIDE AVE WOODRUFF AVE WOODCREST AVE MAGNOLIA DR OAK LAKE DR AUDUBON ST JEFFORDS ST MAGNOLIA DR 819818 801 810 800 806 809 801 819 801 814 804 814 821 809 815 800 810 814 809 804 804 815 800 809 818 805 815818 821 805 815 18271209 1008 1007 180817371012 18111022 1003175617501749 1020 176717661015 176517301020 18001009 1010 17491018 1009 101617371012 10101814 1015 1011 1024 1013 1004 1809814 805 811 808 809 805 810 0 4 0 801 8 8 2 18194 18090 4 17251004 181736 0 1820181005173 17571101 1784171025 1019 1717101517 10011798 517517417181100 0 1740-Not to Scale--Not a Survey-Rev. 6/10/2019 EXISTING SURROUNDING USES MAP Owner(s): Daniel De La Cruz Palma Marvin Dana Gulley Case: ANX2019-06001 Site: 1819 Audubon Street 1015 Woodside Avenue Property Size(Acres): ROW (Acres): 0.72 Land Use Zoning PIN: 13-29-15-32382-000-0130 14-29-15-62010-000-0060 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 298A 297B To: Residential Low (RL) Low Medium Density Residential (LMDR) Single Family Residential Single Family Residential ANX2019-06001 Daniel De La Cruz Palma 1819 Audubon Street View looking south at subject property, 1819 Audubon Street East of subject property North of subject property North of subject property, across Audubon Street View looking northerly along Audubon Street View looking easterly along Audubon Street View looking east at subject property, 1015 Woodside Ave. North of subject property East of subject property West of subject property, across Woodside Avenue ANX2019-06001 Marvin D. Gulley 1015 Woodside Avenue View looking northerly along Woodside Avenue View looking easterly along Jeffords Street Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9299-19 2nd rdg Agenda Date: 11/7/2019 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.2 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 11/7/2019 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: 11/7/2019 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.3 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 11/7/2019 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: 11/7/2019 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.4 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 11/7/2019 ORDINANCE NO. 9308-19 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING AN AMENDMENT TO THE COMMUNITY DEVELOPMENT CODE APPENDIX B, US 19 ZONING DISTRICT AND DEVELOPMENT STANDARDS, SECTION B-303, TABLE 2 TO EXPAND THE GEOGRAPHIC AREA WHERE SELF STORAGE WAREHOUSE USE WITH REQUIRED RETAIL, RESTAURANT, AND/OR OFFICE USES IS PERMITTED IN THE REGIONAL CENTER SUBDISTRICT OF THE US 19 ZONING DISTRICT, TO INCLUDE A CERTAIN PARCEL WITH FRONTAGE OF SEVILLE BOULEVARD, SUBJECT TO FLS APPROVAL; CERTIFYING CONSISTENCY WITH THE CITY’S COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it is the intent and purpose of the US-19 Zoning Districts & Standards Plan to “promote employment and transit forms, patterns, and intensities of development.” WHEREAS, it is the intent and purpose of the US-19 Zoning Districts & Standards Plan to “encourage development of mixed use destinations at major cross streets.” WHEREAS, it is the intent and purpose of the US-19 Zoning Districts & Standards Plan to have uses that “provide for the design of safe, attractive, and accessible settings for working, living, and shopping.” WHEREAS, the vision of the US-19 Regional Center Plan primarily depicts having multi- story buildings as opposed to single story buildings. WHEREAS, multi-story mixed of use buildings with “office” or “attached dwelling” above first floor ground floor Retail, Restaurant, or Office uses are not always feasible to be developed, especially on smaller sized parcels with constraints to meet required parking for multi-story residential or office buildings under the Development Code. WHEREAS, “Automobile service stations” is an allowed passive use in the Regional Center, as provided on Table 2. WHEREAS, “Schools” is an allowed passive use in the Regional Center, as provided on Table 2. WHEREAS, “Parking garages” is an allowed passive use in the Regional Center, as provided on Table 2, that allows for the storage of vehicles. WHEREAS, “Self-storage warehouse,” is a passive use that allows for the storage of things which is not allowed in certain areas of the Regional Center per Table 2. WHEREAS, the City of Clearwater recognizes the active use of Retail, Restaurant, or Office uses for the Regional Center because Table 2 allows for standalone single-story Retail, Restaurant, or Office uses by right. WHEREAS, “Self-storage warehouse” use, when combined with Retail, Restaurant, or Office, changes the character of self-storage warehouse’s passive use to an active use that is more active than parking garages, schools, automobile service stations, and some other existing allowed uses in the Regional Center. WHEREAS, the uses allowed in Regional Center, as provided on Table 2, currently allow a mixed use building with “Self-storage warehouse” and Retail, Restaurant, or Office uses in a limited area of the Regional Center. WHEREAS, “Self-storage warehouse” use when combined with Retail, Restaurant, or Office uses “promotes employment and transit forms, patterns, and intensities of development.” WHEREAS, “Self-storage warehouse” use when combined with Retail, Restaurant, or Office uses “encourage development of mixed-use destinations at major cross streets” because it can eventually be converted to residential or office above the ground floor. WHEREAS, “Self-storage warehouse” when combined with Retail, Restaurant, or Office uses “provides for the safe, attractive, and accessible settings for working, living, and shopping.” WHEREAS the City of Clearwater adopted US 19 Zoning District and Development uses as provided on Table 2 allow for “self-storage warehouse,” in a limited area of the Regional Center, when combined with Retail, Restaurant, or Office uses. WHEREAS, the City of Clearwater desires for the Community Development Code to function effectively and promote more Retail, Restaurant, or Office uses in the Regional Center to further the intent and purpose of the US-19 Zoning Districts & Standards Plan; and WHEREAS, the City of Clearwater has determined where the Community Development Code needs clarification and revision; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That TABLE 2, Appendix B of the Community Development Code be amended to read as follows: Section B-303. - Permitted uses and parking. A) Use and Parking Table Permitted uses and approval levels by Subdistricts, along with parking requirements, are listed in Table 2. Use and Parking. Active uses are required at identified key corners, as defined in Section B-303.B. * * * * * * * * * * Table 2. Use and Parking Use Regional Neighborhood Corridor Use Specific Standards Minimum Off- Street Parking Spaces Self- storage warehouse FLS X FLS 1. In the Corridor Subdistrict, access doors to individual storage units are located within a building or are screened from view from adjacent property or public rights- of-way by landscaped walls or fences located no closer to the property lines of the parcel proposed for development than five feet. 2. Self-Storage may be is permitted in the Regional Center Subdistrict provided the following is met: on parcels of 1.1 acres to 1.2 acres in size fronting Seville Boulevard that existed on or before June 3, 2019 and on parcels of .75 acres to .9 acres in size that existed on or before October 17, 2018 with Street Frontage Type C that do not have any other Street Frontage Type provided the following is met: Such use shall only be located on parcels of .75 acres to .9 acres in size that existed on or before October 17, 2018 with Street Frontage Type C that do not have any other Street Frontage Type; 100% of the ground floor frontage and a minimum of 20% of the total ground floor area shall include fully-enclosed building space, occupied by retail, restaurant, or and/or office uses, or a combination thereof, not associated with the self -storage use; access to all storage units shall be from the building interior; 1/150 self- storage units. 4/1,000 sf of non-storage use as required for Self-storage warehouse in the Regional Center. and outdoor storage shall be prohibited. Footnotes: 1. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas. 2. The parcel proposed for development is not located within 500 feet of a parcel of land used for purposes of a place of worship or a public or private school unless the intervening land uses, structures or context are such that the location of the use is unlikely to have an adverse impact on such school or use as a place of worship. Key: BCP = Level 1 Minimum Standard (Building Construction Permit). FLS = Level 1 Flexible Standard Development (Community Development Coordinator approval required). FLD = Level 2 Flexible Development (Community Development Board approval required). X = Not Allowed * * * * * * * * * * Section 2. Amendments to the Community Development Code of the City of Clearwater (as originally adopted by Ordinance No. 6348-99 and subsequently amended) are hereby adopted to read as set forth in this Ordinance. Section 3. The City of Clearwater does hereby certify that the amendments contained herein, as well as the provisions of this Ordinance, are consistent with and in conformance with the City’s Comprehensive Plan. Section 4. Should any part or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a whole, or any part thereof other than the part declared to be invalid. Section 5. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. Section 6. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING ____________________________ PASSED ON SECOND AND FINAL ____________________________ READING AND ADOPTED ____________________________ George N. Cretekos Mayor Approved as to form: Attest: ____________________________ ____________________________ Michael P. Fuino Rosemarie Call Assistant City Attorney City Clerk PLANNING & DEVELOPMENT DEPARTMENT COMMUNITY DEVELOPMENT BOARD STAFF REPORT MEETING DATE: September 17, 2019 AGENDA ITEM: F.1 CASE: TA2019-06002 ORDINANCE NO.: 9308-19 REQUEST: To amend the Clearwater Community Development Code to expand the geographical area within the Regional Center Subdistrict of the US 19 District where self-storage warehouses are currently allowed on a limited number of parcels, to allow the use on certain parcels 1.1 to 1.2 acres in area with frontage on Seville Boulevard INITIATED BY: BDG Properties BACKGROUND: Pursuant to Community Development Code Section 4-601.B, amendments to the Code may be initiated by the City Council, the Community Development Coordinator, or by any person in conjunction with an application for a development approval. BDG Properties, owner of a 1.13- acre parcel located at 2611 Seville Boulevard, has applied for a text amendment to expand the area within the Regional Center Subdistrict of the US 19 Zoning District where self-storage warehouses are allowed, in conjunction with an application to redevelop the property with a self-storage warehouse (companion case FLS2019-06022). This amendment is being initiated because this property is located within the Regional Center Subdistrict but is not located on a site where self- storage warehouse uses are currently allowed. The US 19 District permits self-storage warehouses on any property within the Corridor Subdistrict, as well as in the Regional Center Subdistrict on parcels of 0.75 acres to 0.9 acres in size that existed on or before October 17, 2018 with only Street Frontage Type C. The owner has a pending purchase agreement with RK Development Partners, LLC, a firm which wants to construct a 900-unit self-storage warehouse with 4,500 square feet of office/retail on the property. This is the second private property owner-initiated application of this type within a year related to the self-storage warehouse use specifically in the Regional Center Subdistrict. In June 2018, Savelle Clearwater Countryside, LLC petitioned to amend the Community Development Code to allow the self-storage warehouse use within the Regional Center Subdistrict, where at the time the Community Development Board – September 17, 2019 TA2019-06002 – Page 2 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION use was only allowed in the Corridor Subdistrict. Planning and Development staff recommended denial of the application because the self-storage warehouse use in the Regional Center Subdistrict is inconsistent with goals and objectives of many of the city’s adopted plans, as well as the extensive planning work that was completed which ultimately allowed the city to increase the development potential along US 19 (as detailed in the staff report for TA2018-06003, and further summarized below). The Community Development Board unanimously recommended denial of the proposed amendment, as it was presented on September 18, 2018. At that time, the proposed amendment would have allowed self-storage warehouses on approximately 18 parcels within the District’s two Regional Centers. The Board expressed concerns about negatively impacting the city’s plans for US 19, as implemented through the US 19 Zoning District and Development Standards, which were adopted February 2, 2017, stating they wanted to give the plan time to work before making changes to the Code. The applicant presented an updated amendment to City Council at its October 18, 2018 meeting, further restricting the locations on which this use would be allowed effectively to two parcels – the one under contract by the applicant at that time (26489 US Highway 19 North) and one additional property along US 19 – and City Council approved Ordinance 9161-18, as amended, on November 1, 2018, with a vote of three in support and two against. In April 2019, the developer for 26489 US Highway 19 North submitted a request to transfer an additional 11,000 square feet of development rights to this parcel which was approved July 16, 2019 by the Community Development Board, thereby resulting in a development order for a 93,083 square foot self-storage warehouse with only 2,838 square feet of non-storage use space (2.71 FAR), consistent with the requirements established by the aforementioned Code amendment. Planning for US Highway 19 The City of Clearwater, with the assistance and support of Forward Pinellas and Pinellas County Economic Development, has invested significant time and resources planning for the redevelopment of the US Highway 19 corridor. The goal for these efforts is to reposition the corridor to make Clearwater a more economically competitive, sustainable, and livable community. A summary of these efforts is provided in Table 1, including Forward Pinellas’s regulatory changes that enabled the increase in development potential within the US 19 District. Although Table 1 is organized by year of plan adoption or completion, several of these efforts were running concurrently. For example, because both the US 19 Corridor Redevelopment Plan (Corridor Plan) and the updated Countywide Plan were being prepared concurrently, the city had the opportunity to work closely with Forward Pinellas to ensure that the vision in the Corridor Plan was achievable under the updated Countywide Plan and would appropriately address the new Planning and Urban Design Principles in the new Countywide Plan Strategies. The Corridor Plan provided the foundation to have US 19 designated as Multimodal Corridor and Activity Center at the time the new Countywide Plan Map was adopted in 2015, and the strategies within the Corridor Plan identified how the city would meet the requirements in the Countywide Rules through Comprehensive Plan amendments and the adoption of a form-based code (the US 19 Zoning District and Development Standards). Community Development Board – September 17, 2019 TA2019-06002 – Page 3 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Table 1 Summary of Planning Efforts & Associated Costs Related to US 19 Year Plan Author/Firm Cost Key Components Addressing US 19 2006 Evaluation & Appraisal Report Wade Trim $295,290 Identified need for comprehensive and diverse strategy for redevelopment as issue of local concern; Identified Countryside & Clearwater Malls as Activity Centers; Emphasized importance of improving overall city character with a community design structure 2008 Comprehensive Plan Update City Staff (in- house) N/A Adopted Citywide Design Structure (Map A-14), designating two Activity Centers on US 19 and identifying US 19 as a corridor to redevelop 2011 Economic Development Strategic Plan TIP Strategies $75,975 Outlined six priority strategies, including establishing an employment center overlay district to encourage higher-wage employment in strategic locations; Noted US 19’s transportation access and strategic location in region 2011 Clearwater Greenprint Renaissance Planning Group & ECO2Asset Solutions $219,815 Identified the need for land use and transportation to be more closely linked for economic and environmental reasons, by creating mixed-use, walkable, transit-supportive activity centers to link people with jobs and support multiple modes of travel, including along US 19 2012 US 19 Corridor Redevelopment Plan HDR & RCLCO $131,185 Refined the vision for US 19 by organizing it into three revitalization areas – regional and neighborhood centers and corridor areas - with different objectives based on locational characteristics; introduced design standards to achieve vision of compact, accessible, and attractive pedestrian- and transit- friendly destinations Community Development Board – September 17, 2019 TA2019-06002 – Page 4 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION 2015 Countywide Plan Update Forward Pinellas staff & Tindale Oliver N/A Created new Activity Center and Multimodal Corridor designations with significant increases in development potential accessible in areas where cities have planned for pedestrian-oriented and transit- supportive development to ensure critical employment and population mass for future transit; Established Planning and Urban Design Strategies that must be addressed in local codes, plans; Designated US 19 accordingly on the new Countywide Plan Map when adopted in 2015 2016 Comprehensive Plan Amendments City Staff (in- house) N/A Established the US 19 Regional Center, US 19 Neighborhood Center and US 19 Corridor future land use categories as well as the corresponding US 19 zoning district and subdistricts; Updated Citywide design structure policies to include policies supporting Corridor Plan implementation, consistent with the requirements for the Activity Center and Multimodal Corridor designations on the Countywide Plan Map 2016- 2017 Future Land Use Map & Zoning Atlas Amendments City Staff (in- house) N/A Changed the designations on 1,641 acres (4,036 parcels) to streamline the process for redevelopment within the US 19 District and provide certainty for property owners 2017 US 19 Zoning District & Development Standards HDR $131,460 Established the US 19 Zoning District and Development Standards (Appendix B), consistent with the Corridor Plan and the Countywide Plan TOTAL CITY INVESTMENT: (excluding in-house work) $853,725 Community Development Board – September 17, 2019 TA2019-06002 – Page 5 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION US 19 Zoning District and Design Standards The culmination of the above planning work was the adoption of the US 19 Zoning District and Development Standards in 2017 and the rezoning of seven miles along US Highway 19. The District established three subdistricts to govern development potential, uses and parking: Regional Center, Neighborhood Center and Corridor. According to the Corridor Plan, regional centers are appropriate for mixed-use development with an emphasis on employment-intensive and transit supportive uses. Two areas previously designated as activity centers in the Clearwater Comprehensive Plan are the two Regional Center Subdistricts - the Countryside/Westfield and Clearwater Mall areas. The Neighborhood Centers are applied to areas planned to serve as local shopping and employment destinations and are generally located between Northeast Coachman and Sunset Point Roads, Curlew Road, and between Nursery and Belleair Roads. The remainder of US Highway 19 is designated Corridor where a wide range of employment-intensive office uses is favored over small-scale retail uses and greater flexibility is provided for site design and larger front landscaped areas required. To facilitate the goals and objectives of the City’s planning efforts, allowable uses and development potential of each Subdistrict reflect the stated objectives and design standards to ensure the uses, development pattern, and desired activity is consistent with the vision. Development potential for the Subdistricts are as follows: Regional Center – 2.5 FAR; Neighborhood Center – 1.5 FAR; and Corridor – 1.5 FAR. The US 19 Zoning District and Development Standards is a form based code, and the standards are intended to ensure that new buildings and significant renovations and additions are designed in accordance with the vision in the Corridor Plan. Development is regulated by subdistrict, as previously described, as well as by street frontage type. Street Frontage Types A and B identify the most pedestrian- and transit-oriented locations along major streets crossing US 19 and along US 19 frontage roads, respectively. Street Frontage Type C also identifies pedestrian- and transit- oriented locations along US 19 while introducing limited front parking areas. Street Frontage Types E and F are the least pedestrian- and transit-supportive by design and are designated on properties consistent with this approach. PROPOSED CODE AMENDMENT: The applicant is proposing to revise Section B-303.A, Table 2, Use and Parking to expand where the self-storage warehouse use would be permitted as a Flexible Standard Use in the Regional Center Subdistrict to include parcels of 1.1 acres to 1.2 acres in size fronting Seville Boulevard that existed on or before June 3, 2019. Currently, this use is allowed within the US 19 Zoning District but only in the Corridor Subdistrict (no parcel size or locational restrictions) or on two parcels within the Regional Center Subdistrict (as amended by Ordinance 9161-18 on November 1, 2018). The same use specific standards previously established in the 2018 amendment for those warehouses located in the Regional Center Subdistrict would continue to apply to this new parcel. Specifically, 100% of the ground floor frontage and a minimum of 20% of the total ground floor area would be required to be occupied by retail, restaurant or office uses, or a combination thereof. These standards would also require access to the storage units from the building interior and would Community Development Board – September 17, 2019 TA2019-06002 – Page 6 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION prohibit any outdoor storage. The applicant has included minor modifications to bring consistency between the previously approved amendment and the proposed language, at the request of the city (e.g., changing “and/or” to “or a combination thereof”). ANALYSIS: Use Considerations Permitted uses in the US 19 Zoning District are organized by subdistrict. Because the Regional Center Subdistrict objectives focus on creating an environment conducive to attracting high wage employment, activity and transit, the list of uses permitted is very deliberate. Economically unproductive land uses and those that do not generate people and activity, or support transit were not included, while economically productive uses such as light assembly were added throughout the District. While it is recognized the corridor is a place to accommodate a large variety of uses, with the exception of dirty industry, not all uses are appropriate in all subdistricts. Uses excluded from the Regional Center or Neighborhood Center Subdistricts are generally allowed in the Corridor Subdistrict. Examples include nursing homes, animal boarding, outdoor recreation/ entertainment, problematic uses, social and community centers, and limited vehicle service. These uses were excluded from key locations because they typically do not generate activity or high wage employment. Cities in Pinellas County and across the country are dealing with the onslaught of new self-storage warehouse uses, many of which are consuming key sites in redevelopment areas that would otherwise be available for uses that generate activity and jobs. Forward Pinellas recently wrote about the challenges of self-storage uses in its blog1. Regarding the recent increase in market demand: “According to Pinellas County Economic Development, the Pinellas County market does have potential to support more self-storage units; it is under the national average for the number of units and square footage per person and has higher rents because of lower supply. Pinellas County has about 5.4 square feet of self-storage per person, or only 77% of the national average of about 7 square feet. Local developers are looking for creative ways to build self-storage in Pinellas County and say that the local market is challenging because of high land values and the lack of available real-estate that can accommodate self-storage.” In Fall 2018, Forward Pinellas hosted a series of Self-Storage Subcommittee meetings to explore the topic, learn more about the industry directly from a representative of a self-storage company, and discuss the challenges and best practices to mitigate the negative characteristics of the use. According to industry leader The Lock Up Self Storage, a FAR of 0.8 – 1.2 will accommodate most self-storage projects; many of the Countywide Plan Map categories have lower FARs established, other than the transit-oriented Activity Center and Multimodal Corridor categories, which in part could be driving the use to these areas. The city’s Corridor Subdistrict permits self- storage warehouses at a FAR of 1.5. The research and discussion informed proposed Countywide Plan amendments to the Activity Center and Multimodal Corridor categories which, to date, have been approved by Forward Pinellas. Forward Pinellas noted in its blog, “From a land use planning perspective, the greatest 1 Mounting Stuff, Less Space: Where to Store Self-Storage, accessed on September 3, 2019 from http://forwardpinellas.org/blog/mounting-stuff-less-space-where-to-store-self-storage/ Community Development Board – September 17, 2019 TA2019-06002 – Page 7 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION potential for conflict is in downtowns and planned transit corridors, where self-storage buildings can disrupt the active, pedestrian-oriented streetscapes that are integral to the success of these areas.” In the aforementioned land use categories, Forward Pinellas has determined that the Storage/Warehouse/Distribution-Light and -Heavy, Commercial/Business Service, and Automobile-Oriented Retail Commercial uses are inconsistent with the stated purpose “… to create areas of intensive residential density, nonresidential density, and mixed uses in conjunction with urban design that allows and encourages multimodal transportation …” An amendment permitting these uses would be classified as “Tier III”, which requires the applicant to provide additional analysis including a “Justification Narrative as to why the proposed amendment should be considered” and requires approval by the Countywide Planning Authority. Forward Pinellas determined that this application to expand the area in which self-storage warehouse is allowed within the Regional Center Subdistrict is consistent with the current Countywide Plan because the use had already been added to the Regional Center Subdistrict last year. Due to the concerns with the consumption of valuable land for warehousing purposes, cities are taking a variety of approaches such as prohibiting self-storage warehouses in certain zoning districts, instituting distance requirements between self-storage uses, prohibiting warehouses within a certain distance from specific zoning districts, instituting design criteria and requiring a mix of uses, etc. For example, locally, Pinellas County recently updated its future land use categories and now prohibits self-storage in the Employment or Industrial General categories to preserve these higher-intensity areas for employment uses; therefore, on properties in unincorporated Pinellas County, self-storage is only permitted in Commercial General future land use category (FAR 0.55). The City of Clearwater currently accommodates self-storage warehouses in the Commercial (C) and Industrial, Research, and Technology (IRT) zoning districts, as well as in the Corridor Subdistrict and on two parcels in the Regional Center Subdistrict of the US 19 Zoning District. The use is allowed in the Downtown District provided it is accessory to another principal use. In the last year, three self-storage warehouses were approved in the City of Clearwater, two of which at lower FARs than the industry standard: one in the Commercial (C) zoning district (0.55 FAR), one on a site zoned both Commercial (C) and Industrial, Research and Technology (IRT) (FARs of 0.55 and 0.65, respectively), and the aforementioned project in the Regional Center Subdistrict (2.5 FAR permitted, 2.71 FAR approved utilizing TDRs). Use Specific Standards In an attempt to mitigate the concerns about self-storage warehouses in the Regional Center Subdistrict, the applicant proposed that the same use specific standards previously incorporated in the Code also apply to this parcel: • Limit use to parcels of 1.1 acres to 1.2 acres in size fronting Seville Boulevard that existed on or before June 3, 2019 (i.e., 2611 Seville Boulevard), in addition to the previous limitation to parcels of .75 acres to .9 acres in size that existed on or before October 17, 2018 with Street Frontage Type C that do not have any other Street Frontage Type (i.e., two parcels: 26489 US Highway 19 and 25856 US Highway 19) Community Development Board – September 17, 2019 TA2019-06002 – Page 8 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION • Require 100% of ground floor frontage and a minimum of 20% of the total ground floor area to be occupied by retail, restaurant, and/or office uses not associated with the self- storage warehouse use • Require access to all storage units from the building interior • Prohibit outdoor storage Limiting the use to only one new parcel through the provision of parcel size requirements is intended to prevent the use from spreading throughout the Regional Center Subdistrict. It is acknowledged that the parcel has several unique development challenges, including an irregular parcel shape and a 50-foot easement for a City of St. Petersburg water main; however, amending the US 19 Zoning District and Development Standards to change permitted uses each time a property owner has entered into an agreement to sell his or her property, whether it be self-storage warehouse or some other use intentionally excluded from one of the Subdistricts, undermines the predictability of the Code for adjacent property owners, the business and development community, and residents. The required commercial space along the ground floor is insignificant compared to the overall size of the building and property. The applicant’s development proposal includes 900 self-storage units. It also proposes 4,500-4,600 square feet of “office/retail” use (size varies in development application), a portion of which is on the ground floor and the remainder which is on the 8th floor. With a proposed ground floor of 14,740 square feet, only 2,948 square feet of commercial space is required to be incorporated into the project on the ground floor. (It should be noted the proposed site plan needs to be revised to meet the requirements of the US 19 Zoning District and the proposed text amendment, and to clarify the size and location of non-self-storage warehouse use affiliated spaces.) Such a small amount of commercial floor area does not create a dynamic mixed- use or employment intensive project consistent with the intent of the Regional Center Subdistrict. Economic Development Strategic Plan Considerations Another important factor considered when determining the allowable uses in the Regional Center Subdistrict at the time the US 19 Zoning District and Development Standards were adopted was how that use contributes to the local economy. Self-storage warehouses were excluded at that time due to the lack of positive economic impact associated with this use. Self-storage generates very few direct and in-direct jobs (typically 3-4) and provides low wages. According to data from Indeed.com (accessed in August 2018), average self-storage hourly pay ranges from approximately $9.19 per hour for an Associate to $13.38 per hour for a Store Manager. (According to Indeed.com this information was based on 188 data points collected directly from employees, users and past and present job advertisements on Indeed over the past 36 months.) Assuming Associates and Store Managers are full-time employees, those average wages fall below 80% of the area median income. In sum self-storage warehouse facilities account for low to average wages and are extremely limited employment generators at best, which does not meet the objectives of the Regional Center Subdistrict or the Economic Development Strategic Plan. Allowing this use in additional areas within the Regional Center Subdistrict will remove what would be an opportunity for productive land in terms of job creation and income on this parcel, even if other uses not built to the Regional Center Subdistrict’s maximum permitted FAR. Community Development Board – September 17, 2019 TA2019-06002 – Page 9 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION CRITERIA FOR TEXT AMENDMENTS: Community Development Code (CDC) Section 4-601 sets forth the procedures and criteria for reviewing text amendments. A determination should be made whether the proposed amendment is consistent with and furthers the goals, policies and objectives of the Comprehensive Plan, and furthers the purposes of the development code and other city ordinances and actions designed to implement the plan. The proposed amendment is inconsistent with and does not further the goals, policies and objectives of the Comprehensive Plan. A review of the Clearwater Comprehensive Plan identified the following Goals, Objectives and Policies which will be not be furthered by the proposed text amendment to the Community Development Code: Goal A.5 The City of Clearwater shall identify and utilize a Citywide design structure comprised of a hierarchy of places and linkages. The Citywide design structure will serve as a guide to development and land use decisions while protecting those elements that make the City uniquely Clearwater. Policy A.5.1.1 Identify Activity Centers: high intensity, high-density multi-use areas designated as appropriate for intensive growth and an integrated pattern of development that routinely provide service to a significant number of citizens of more than one county or that serve multiple residential communities by providing a mix of neighborhood-serving shopping centers as well as a mix of employment and residential opportunities. Activity centers are composed of multiple destination points, landmarks and character features, and are proximate and accessible to interstate or major arterial roadways or to minor arterial roadways, collector or local major streets, if the activity center is neighborhood serving. Activity Centers are served by enhanced transit commensurate with the type, scale and intensity of use. Policy A.5.4.5 U.S. Highway 19 North from Curlew Road to Belleair Road, including cross streets and Gulf-to-Bay Boulevard east of U.S. Highway 19 North. Amendments to the Future Land Use Map and Zoning Atlas should promote redevelopment and land assembly. Redevelopment should prioritize pedestrian- and transit-supportive street frontages and establish mixed-use destinations at major cross streets that provide safe, attractive and accessible settings in order to create a safe and attractive environment and an economically competitive community. Annexations and the installation of appropriate streetscape improvements should be encouraged. Policy A.5.5.6 Implement design standards for US Highway 19, which has transitioned from a roadway providing land access to a controlled access highway with ramps that are located less than two miles apart. Such standards should allow for higher intensities and a mix of land uses to allow for greater employment opportunities Community Development Board – September 17, 2019 TA2019-06002 – Page 10 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION along the corridor, while improving accessibility and safety for cars, people and bicycles. Policy A.6.1.6 Land use decisions in Clearwater shall support the expansion of economic opportunity, the creation of jobs and training opportunities as well as the maintenance of existing industries through establishment of enterprise zones, activity centers and redevelopment areas and by coordination with the Chamber of Commerce, Tourist Development Council and other economic development organizations and agencies. Policy A.6.1.11 US Highway 19 is recognized on the Countywide Plan Map as a Multimodal Corridor (MMC), with major intersections designated as Activity Center (AC). The applicable Multimodal Corridor and Activity Center subcategories are shown on the Transit-Oriented Land Use Vision Map within the Countywide Plan Strategies. Policy A.6.1.12 Redevelopment of US Highway 19 shall be encouraged through the establishment of development standards which implement the Planning and Urban Design Principles within the Countywide Plan Strategies by allowing for more intense development while also promoting more employment-intensive, transit- and pedestrian-supportive development, establishing mixed-use destinations and providing safe and attractive settings for working, living and shopping. These standards should: a. Concentrate office and other employment-intensive uses in places with easy access to US 19; b. Provide for retail, entertainment and other uses that serve the needs of surrounding neighborhoods; c. Promote high-intensity uses in close proximity to potential or planned transit routes; d. Lessen demands on local and regional street network by maximizing opportunities for the localization of work, shopping and leisure trips; e. Support shared parking and “park once” trips; f. Promote active lifestyles by encouraging walking and biking as convenient alternatives to automobile travel; and g. Contribute to street-level pedestrian activity and the informal surveillance of public spaces. Policy A.6.8.2 Encourage mixed-use development that includes a combination of compatible land uses having functional interrelationships and aesthetic features. Commercial and mixed-use buildings shall be sited to maximize pedestrian connections from the building to adjacent streets. Buildings should be sited and parking arranged to minimize the off-site impacts to residential areas. Because the city recognizes a community need for self-storage, the US 19 District has provided a place for it in the Corridor Subdistrict (473 acres available to accommodate the use, which is almost the size of the area governed by the Clearwater Downtown Redevelopment Plan). Additionally, the District was amended to allow the self-storage warehouse use on two parcels Community Development Board – September 17, 2019 TA2019-06002 – Page 11 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION within the Regional Center Subdistrict, one of which has a development order for 800 units within a 93,083 square foot building. As a whole, the self-storage warehouse use does not support the goals of the activity centers on US Highway 19 as designated on the Citywide Design Structure and does not prioritize or support an employment producing or transit supportive land use in the Regional Center; therefore, expansion of this use in the Regional Center Subdistrict would be inconsistent with the Comprehensive Plan. The proposed amendment does not further the purposes of the Community Development Code and other City ordinances and actions designed to implement the Plan. The proposed text amendment does not further the purposes of the CDC in that it will be inconsistent with the intent and purpose of the US 19 Zoning District and Design Standards as set forth in in CDC Section B-101: The intent and purpose of the US 19 District & Development Standards (“Development Standards”) is to guide the development and redevelopment of sites along US 19 consistent with strategies defined in the US 19 Corridor Redevelopment Plan. The standards are designed to accomplish the following. • Promote employment-intensive and transit supportive forms, patterns and intensities of development; • Encourage the development of mixed use destinations at major cross streets; • Provide for the design of safe, attractive, and accessible settings for working, living and shopping. The proposed text amendment expands where a warehouse use is allowed in the Regional Center Subdistrict which is the most intensive designated activity center outside of Downtown Clearwater. The Regional Center Subdistrict has a significant FAR allowance to incentivize dynamic high wage employment and commercial activity. Consistent with the Countywide Plan these activity centers are intended to maximize the concentration of jobs and populations along transit routes. This site is within walking distance from a PSTA bus stop along the US 19 frontage road served by Route 19, which connects to the Clearwater Mall stop where passengers can transfer to Route 60 as well. Self-storage warehouses are antithetical to these goals as they do not attract people and result in dead space in an area where vibrancy and vitality are measures of success. Self-storage is not compatible with the intent and purpose of the Regional Center Subdistrict of the US 19 District or the US 19 Corridor Redevelopment Plan. The following maps depict the two Regional Center Subdistricts within the US 19 District; the subject parcel is shown within the Gulf to Bay area Regional Center. No other use within the District (Section B-303.A, Table 2, Use and Parking) is governed utilizing use-specific criteria written to otherwise limit the use to certain parcels. Community Development Board – September 17, 2019 TA2019-06002 – Page 12 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Community Development Board – September 17, 2019 TA2019-06002 – Page 13 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Community Development Board – September 17, 2019 TA2019-06002 – Page 14 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION The proposed amendment affords development rights to the owner of one property (1.13 acres) out of the 660 properties located within the Regional Center Subdistrict on a specific street (Seville Boulevard). The amendment applies to 0.12% of the 914.55 acres of land in the Regional Center Subdistrict. The applicant has not demonstrated what conditions or factors warrant amending the Code for this parcel at this time. The proposed text amendment does not further the following general purposes of the Community Development Code: Sec. 1-103.A. It is the purpose of this Development Code to implement the Comprehensive Plan of the city; to promote the health, safety, general welfare and quality of life in the city; to guide the orderly growth and development of the city; to establish rules of procedure for land development approvals; to enhance the character of the city and the preservation of neighborhoods; and to enhance the quality of life of all residents and property owners of the city. Sec. 1-103.B. It is the purpose of this Community Development Code to create value for the citizens of the City of Clearwater by: • Allowing property owners to enhance the value of their property through innovative and creative redevelopment; • Ensuring that development and redevelopment will not have a negative impact on the value of surrounding properties and wherever practicable promoting development and redevelopment which will enhance the value of surrounding properties; and • Strengthening the city's economy and increasing its tax base as a whole. Sec. 1-103.E.2. Protect the character and the social and economic stability of all parts of the city through the establishment of reasonable standards which encourage the orderly and beneficial development of land within the city. Sec. 1-103.E.9. Establish permitted uses corresponding with the purpose and character of the respective zoning districts and limit uses within each district to those uses specifically authorized. As outlined above, the proposed text amendment does not further the goals, objectives and policies of numerous city plans related to the redevelopment of US Highway 19. The proposed expansion of areas in which self-storage warehouses are permitted in the Regional Center Subdistrict does not promote the economic stability of the subdistrict, will not strengthen the economy, and the use is inconsistent with the purpose and character of the Regional Center. SUMMARY AND RECOMMENDATION: The proposed amendment to the Community Development Code is inconsistent with and in direct conflict with the goals and objectives of Clearwater Greenprint, Clearwater Economic Development Strategic Plan, US 19 Corridor Redevelopment Plan and the Clearwater Comprehensive Plan and is inconsistent with purposes of the Community Development Code. Community Development Board – September 17, 2019 TA2019-06002 – Page 15 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Furthermore, it is unnecessary to accommodate the proposed activity. Based upon the above, the Planning and Development Department recommends DENIAL of Ordinance No. 9308-19 that amends the Community Development Code. Prepared by Planning and Development Department Staff: Lauren Matzke, AICP Long Range Planning Manager ATTACHMENTS: Ordinance No. 9308-19 Resume Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9309-19 2nd rdg Agenda Date: 11/7/2019 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.5 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 11/7/2019 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: 11/7/2019 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.6 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 11/7/2019 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: 11/7/2019 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.7 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 11/7/2019 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: 11/7/2019 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.8 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 11/7/2019 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: 11/7/2019 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.9 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 11/7/2019 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: 11/7/2019 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.10 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 11/7/2019 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: 11/7/2019 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.11 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 11/7/2019 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: 11/7/2019 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.12 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 11/7/2019 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: 11/7/2019 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.13 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 11/7/2019 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: 19-35 Agenda Date: 11/7/2019 Status: City Manager ReportVersion: 1 File Type: ResolutionIn Control: City Manager's Office Agenda Number: 10.1 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 11/7/2019 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#19-6616 Agenda Date: 11/7/2019 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 10.2 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 11/7/2019 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#19-6945 Agenda Date: 11/7/2019 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 10.3 SUBJECT/RECOMMENDATION: Approve the 2020 State Legislative Agenda. SUMMARY: Page 1 City of Clearwater Printed on 11/7/2019 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. Increase funding for mental health services. Grant municipalities authority to regulate the length of time vessels may moor in local waterways. 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 Weaken 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#19-7080 Agenda Date: 11/7/2019 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: Council Work Session Agenda Number: 10.4 SUBJECT/RECOMMENDATION: 2019 Charter Review Committee Report - Mike Mannino, Chair SUMMARY: Page 1 City of Clearwater Printed on 11/7/2019 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.  October 24, 2019  [MU18‐9100‐055/239503/2]    Page 1 of 20    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. October 24, 2019  [MU18‐9100‐055/239503/2]    Page 2 of 20    (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 October 24, 2019  [MU18‐9100‐055/239503/2]    Page 3 of 20    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. October 24, 2019  [MU18‐9100‐055/239503/2]    Page 4 of 20    (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 October 24, 2019  [MU18‐9100‐055/239503/2]    Page 5 of 20    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 October 24, 2019  [MU18‐9100‐055/239503/2]    Page 6 of 20    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. October 24, 2019  [MU18‐9100‐055/239503/2]    Page 7 of 20    (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 October 24, 2019  [MU18‐9100‐055/239503/2]    Page 8 of 20    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 October 24, 2019  [MU18‐9100‐055/239503/2]    Page 9 of 20    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. October 24, 2019  [MU18‐9100‐055/239503/2]    Page 10 of 20    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 October 24, 2019  [MU18‐9100‐055/239503/2]    Page 11 of 20    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. October 24, 2019  [MU18‐9100‐055/239503/2]    Page 12 of 20    (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; October 24, 2019  [MU18‐9100‐055/239503/2]    Page 13 of 20    (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. October 24, 2019  [MU18‐9100‐055/239503/2]    Page 14 of 20    (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. October 24, 2019  [MU18‐9100‐055/239503/2]    Page 15 of 20    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. October 24, 2019  [MU18‐9100‐055/239503/2]    Page 16 of 20    (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. October 24, 2019  [MU18‐9100‐055/239503/2]    Page 17 of 20    (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. October 24, 2019  [MU18‐9100‐055/239503/2]    Page 18 of 20    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. October 24, 2019  [MU18‐9100‐055/239503/2]    Page 19 of 20    (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. October 24, 2019  [MU18‐9100‐055/239503/2]    Page 20 of 20    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. Citizen Comment Card Name: 5Pc\ SChcoAeC Address: 1 5 L4' > Rl Co, Au c City: deackpakC zip: `37SG Telephone Number: 177 ‘kil 6 7S Email Address: Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak: I U • What is your position on the item? For Against Citizen Comment Card Name:/( k ()/O> Address: / MrZ7,\-4A City. L -07 k 3 7 Telephone Num er: Email Address: IF/J2KPie ‘11k/L-• 0/L Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak v „ y What is your position on the item? For V Against Name: Address: City: rkgw Zip:53 / Telephone Number: 7.7 77/ 9c't Email Address: 1/'ry<'e. X3/1 it/1109-,e, l Speaking under citizens to be heard re items not on the agenda? ar Agenda item(s) to which you wish to speak• Citizen Comment Card What is your position on the item? For Against Name: Citizen Comment Card 4CtAe-PAit V;)-eo l Address: \7. I 1 tc1-1;1 !%c I City: lZ ,1(24, Zip: Telephone Number: Email Address: ,i(i Qr A0,4% gSPeakin under citizens to be heard rej1V ( Cyt -3 items not on the agenda? Agenda item(s) to which ou wish to speak. \ 0 What is your position on the item? For Against Citizen Comment Card Name: Cy QJty Address: 12-1 j S ac\ City: CSCOCLOCd Zip: R37S Telephone Number: (72-0 c5.3t —OH 1 ct Email Address: -'11)4- IBJ C y'ckhoo ccy Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak. Ch c — Cib M M ‘' sl -r -N\ Li`e t 9 scq acy co, i s e What is your position on the item? For 1/ Against Citizen Comment Card Name: c 96 L U es C Address: 33( Zt # I oS city: -.-L-- Zip: 33 2 S 4. - TelephoneTelephone Number: 77- 33D--7751'( 1 Email Address: 7C 6 l—,' \EScr\S:)-(--cA-AL-c 1 Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak What is your position on the item? For Againsty' Citizen Comment Card Name: 4j Address: c7e7 ,5>z City: C ` Zip: 3) -7,5 -5 -- Telephone 73 - Telephone Number: /3f-7 71 Email Address: Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak. C What is your position on the item? For Against Name. Citizen Comment Card Address: c-Pug_97-\ ri)--rs City: att.) -r Zip: 317-677 Telephone Number$17 Email Address: Lk 3/6-s c,64aa Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak: What is your position on the item? For Against Name: Citizen Comment Card Address: Ho I' Tut sct t c Port City: l QGA- 0G--ki Zip: Telephone Number: Ili1I Email Address: N\ -0 -it 117-- I Vic ( 14^-cx-4 ' C').''` Speaking under citizens to be heard re items not on the agenda? E( Agenda item(s) to which you wish to speak: l3-.! What is your position on the item? For Against Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#19-7023 Agenda Date: 11/7/2019 Status: Other CouncilVersion: 1 File Type: Council Discussion Item In Control: Council Work Session Agenda Number: 12.1 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 11/7/2019 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. 11/6/2019 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 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 LAKELAND 110,516 $222,946 SARASOTA 56,610 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 11/6/2019 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@D00D8D49Top 10 by categories 11/6/2019 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