The URL can be used to link to this page

04/16/2020Thursday, April 16, 2020 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 April 16, 2020City Council Meeting Agenda To ensure public safety and comply with the Governor's Safer at Home order in response to the COVID-19 virus, the Clearwater City Council will hold a public meeting on Thursday, April 16, 2020 at 6:00 p.m. using communications media technology. Pursuant to Executive Order No. 20-69, issued by the Office of Governor Ron Desantis on March 20, 2020, municipalities may conduct meetings of their governing boards without having a quorum of its members present physically or at any specific location, and utilizing communications media technology such as telephonic or video conferencing, as provided by Section 120.54(5)(b)2, Florida Statutes. The meeting will be held through the Skype platform and will be broadcast live on the city's website (https://www.myclearwater.com/government/council-meeting-streaming-videos), o n F a c e b o o k ( w w w . f a c e b o o k . c o m / c i t y o f c l e a r w a t e r ) a n d o n Y o u T u b e (www.youtube.com/myclearwater) as well as the following public access TV channels: Spectrum Channel 638, Frontier Channel 30 and WOW! Channel 15. Citizens wishing to provide comments on an agenda item are encouraged to do so in advance through written comment. The City has established the following three options to ensure public comment for a virtual meeting: 1)eComments via Granicus - eComments is integrated with the published meeting agenda. Individuals may review the agenda item details and indicate their position on the item. You will be prompted to set up a user profile to allow you to comment, which will become part of the official public record. The eComment period is open from the time the agenda is published. Comments received during the meeting will become part of the official record, if posted prior to the closing of public comment. The City Clerk will read received comments into the record. 2)Email – Individuals may submit written comments or videos to ClearwaterCouncil@myclearwater.com. All comments received by 5 p.m. the day before the meeting (April 15) will become part of the official record. The City Clerk will read received comments into the record. 3)Council Chambers - Additionally, like any other council meeting, the public may provide public comment at the Main Library, Council Chambers, 100 N Osceola Avenue. Due to COVID-19, all speakers desiring to appear in person will be subject to all applicable emergency measures in place to prevent the further spread of COVID-19. Speakers who appear in person will be subject to screening for symptoms of COVID-19. Any persons exhibiting any symptoms of COVID-19 will not be permitted to enter council chambers but will be able to participate through the remote options described above. 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). Individuals with disabilities who need reasonable accommodations to effectively participate in this meeting are asked to contact the City Clerk at (727)562-4092 or rosemarie.call@myclearwater.com in advance. Please advise us at least 48 hours prior to the meeting. Page 2 City of Clearwater Printed on 4/16/2020 April 16, 2020City Council Meeting Agenda 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 National Library Week Proclamation - Jennifer Obermaier, Library Director 4.2 International Compost Awareness Week - Sheridan Boyle, Sustainability Coordinator 5. Approval of Minutes 5.1 Approve the minutes of the April 2, 2020 City Council meeting as submitted in written summation by the City Clerk. 6. Citizens to be heard re items not on the 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 a purchase order to Asphalt Paving Systems Inc. of Zephyrhills, Florida, in the amount of $520,043.70 for Harn Boulevard Roadway Reconstruction (19-0014-EN), pursuant to City of Clearwater Code of Ordinances, Section 2.564 (1)(d) Other Government Entities and authorize the appropriate officials to execute same. (consent) 7.2 Approve a proposal from Construction Manager at Risk Keystone Excavators in the amount of $1,025,378.20 for the construction of David Avenue Property Stormwater Improvements (20-0002-EN) and authorize the appropriate officials to execute same. (consent) Page 3 City of Clearwater Printed on 4/16/2020 April 16, 2020City Council Meeting Agenda 7.3 Approve the conveyance of a Distribution Easement to Duke Energy Florida, LLC, d/b/a Duke Energy, for the installation, operation and maintenance of electric facilities to support Duke’s new transformers and facility installation at 297 S. Glenwood Avenue and authorize the appropriate officials to execute same. (consent) 7.4 Approve Supplemental Work Order 6 to Engineer of Record (EOR) Deuel and Associates, of Clearwater, Florida, in the amount of $4,800, for Druid Road/ Allen’s Creek Drainage Improvement Project (11-0044-EN) and authorize the appropriate officials to execute same. (consent) 7.5 Approve an increase to Pinellas County in the amount of $55,548.15 for the Joint Project Agreement (JPA) between Pinellas County and the City of Clearwater for the Hercules Avenue Sidewalk Phase 2 project from Sherwood Street to Sunset Point Road (City Project Number 18-0002-UT) and authorize the appropriate officials to execute same. (consent) 7.6 Approve the First Amendment (Amendment) to that certain Contract for Exchange of Real Property (Contract) between the City of Clearwater (City) and Creative Contractors, Inc. (Creative) and authorize the appropriate officials to execute same. (consent) 7.7 Approve purchase orders to ONeils Tree Service, Tip Top Trees Experts LLC, and Blades of Green for palm pruning and maintenance services, in a total annual combined amount not-to-exceed $205,000, for contract term April 1, 2020 through March 31, 2021, with two, one-year renewal term options at the City’s discretion and authorize the appropriate officials to execute same. (consent) 7.8 Authorize a sole source award to Water Specialists Technologies, LLC of Sanford, FL for Copper Precipitant, TR-50, in the annual amount not to exceed $100,000.00 for the initial contract period from May 1, 2020 through April 30, 2021, with the option for two, one-year term extensions pursuant to City Code Section 2.564(1)(b), and authorize the appropriate officials to execute same. (consent) 7.9 Authorize a sole source award to Andritz Separation of Arlington, TX for Centrifuge, Belt Filter Press and Appurtenant Sludge Dewatering Equipment Parts and Service in the annual amount not to exceed $300,000.00 for the initial contract period of May 4, 2020 through May 3, 2021 with the option for two, one-year term extensions pursuant to City Code Section 2.564 (1)(b), and authorize the appropriate officials to execute same. (consent) Page 4 City of Clearwater Printed on 4/16/2020 April 16, 2020City Council Meeting Agenda 7.10 Authorize a sole source award to Premier Magnesia of Wayne, PA for Thioguard in the annual amount not to exceed $75,000.00 for the initial contract period of April 22, 2020 through April 21, 2021 with the option for two, one-year term extensions pursuant to Clearwater Code of Ordinances Section 2.564 (1) (b) and authorize the appropriate officials to execute same. (consent) 7.11 Authorize the award of Invitation to Bid 23-20, Stainless Steel Manhole Inserts, to The Randazzo Group LLC of Clearwater, Florida, in an annual not-to-exceed amount of $145,600, with the option for two, one-year extensions at the City’s discretion, and authorize the appropriate officials to execute same. (consent) 7.12 Authorize a purchase order to Siemens Industry Inc. for inspections, maintenance, and repair of fire sprinkler systems, in the not-to-exceed amount of $275,000 from April 1, 2020 through June 30, 2021, pursuant to Clearwater Code of Ordinances Section 2.564(1)(d) Other Government Entities Contracts and authorize the appropriate officials to execute same. (consent) 7.13 Elect Councilmember David Allbritton to serve as Vice Mayor. (consent) Public Hearings - Not before 6:00 PM 8. Second Readings - Public Hearing 8.1 Adopt Ordinance 9360-20 on second reading, annexing certain real properties whose post office addresses are 1748 El Trinidad Drive East and 2764 North Terrace Drive, all in Clearwater, Florida 33759, into the corporate limits of the city and redefining the boundary lines of the city to include said additions. 8.2 Adopt Ordinance 9361-20 on second reading, amending the future land use element of the Comprehensive Plan of the city to designate the land use for certain real properties whose post office addresses are 1748 El Trinidad Drive East and 2764 North Terrace Drive, all in Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Residential Low (RL) and Water/Drainage Feature Overlay. 8.3 Adopt Ordinance 9362-20 on second reading, amending the Zoning Atlas of the city by zoning certain real properties whose post office addresses are 1748 El Trinidad Drive East and 2764 North Terrace Drive, all in Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Page 5 City of Clearwater Printed on 4/16/2020 April 16, 2020City Council Meeting Agenda 8.4 Adopt Ordinance 9363-20 on second reading, annexing certain real properties whose post office addresses are 1919 Chenango Avenue and 1274 Sedeeva Circle North, all in Clearwater, Florida 33755, together with all rights-of-way of Chenango Avenue and Sedeeva Circle North, into the corporate limits of the city and redefining the boundary lines of the city to include said additions. 8.5 Adopt Ordinance 9364-20 on second reading, amending the future land use element of the Comprehensive Plan of the city to designate the land use for certain real properties whose post office addresses are 1919 Chenango Avenue and 1274 Sedeeva Circle North, all in Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Residential Urban (RU). 8.6 Adopt Ordinance 9365-20 on second reading, amending the Zoning Atlas of the city by zoning certain real properties whose post office addresses are 1919 Chenango Avenue and 1274 Sedeeva Circle North, all in Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). 8.7 Adopt Ordinance 9366-20 on second reading, annexing certain real properties whose post office addresses are 24323 and 24479 US Highway 19 North, all in Clearwater, Florida 33763, into the corporate limits of the city and redefining the boundary lines of the city to include said additions. 8.8 Adopt Ordinance 9369-20 on second reading, annexing certain real property whose post office address is 814 Woodruff Avenue, Clearwater, Florida 33756, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. 8.9 Adopt Ordinance 9370-20 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 814 Woodruff Avenue, Clearwater, Florida 33756, upon annexation into the City of Clearwater, as Residential Low (RL). 8.10 Adopt Ordinance 9371-20 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 814 Woodruff Avenue, Clearwater, Florida 33756, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). 8.11 Adopt Ordinance 9375-20 on second reading, annexing certain real property whose post office address is 2730 Daniel Street, Clearwater, Florida 33761, together with a certain portion of Daniel Street, Charles Avenue, SR 580, and McMullen Booth Road rights-of-way, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Page 6 City of Clearwater Printed on 4/16/2020 April 16, 2020City Council Meeting Agenda 8.12 Adopt Ordinance 9376-20 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 2730 Daniel Street, Clearwater, Florida 33761, upon annexation into the City of Clearwater, as Residential Low (RL). 8.13 Adopt Ordinance 9377-20 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 2730 Daniel Street, Clearwater, Florida 33761, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). 8.14 Adopt Ordinance 9381-20 on second reading, vacating a platted 5-foot utility easement lying in a portion of Lot 8, Block 69, Mandalay, as recorded in Plat Book 14, Page 32, of the Public Records of Pinellas County, Florida. 8.15 Adopt Ordinance 9382-20 on second reading, vacating the west 5-foot portion of a 10-foot platted drainage and utility easement, lying in Lot 12, Landmark Woods of Countryside, as recorded in Plat Book 72, Page 92, of the Public Records of Pinellas County, Florida. 8.16 Adopt Ordinance 9384-20 on second reading, vacating the easterly 5 feet of a platted 10-foot utility easement abutting Landmark Drive, and being a portion of Lot 11, Oakbrook Estates, according to the Plat thereof, recorded in Plat Book 118, Pages 47-48 of the Public Records of Pinellas County, Florida. 9. City Manager Reports 9.1 Amend the City of Clearwater Code of Ordinances, Sections 32.211 and 32.212, to add definitions, to specifically prohibit hazardous waste pharmaceuticals, to add requirements for dental facilities that remove or replace dental amalgam fillings, to add reporting and waste management practices for dental facilities, to require installation, certification and maintenance of dental vacuum suction systems, and to provide exemptions from these requirements and pass Ordinance 9389-20 on first reading. 9.2 Appoint Councilmembers as representatives to serve on regional and miscellaneous boards. 9.3 Amend Council Rules to allow council discussion prior to making a motion and adopt Resolution 20-17. 9.4 Provide direction for the establishment of a grant and professional services program for business owners affected by the COVID-19 pandemic. 9.5 Imagine Clearwater Update - Michael Delk, Assistant City Manager 10. City Attorney Reports Page 7 City of Clearwater Printed on 4/16/2020 April 16, 2020City Council Meeting Agenda 10.1 Confirm emergency rule of procedure for public meetings and adopt Resolution 20-15. 10.2 Confirm COVID-19 Emergency Proclamation and adopt Resolution 20-16. 11. Closing comments by Councilmembers (limited to 3 minutes) 12. Closing Comments by Mayor 13. Adjourn Page 8 City of Clearwater Printed on 4/16/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7716 Agenda Date: 4/16/2020 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: City Council Agenda Number: 4.1 SUBJECT/RECOMMENDATION: National Library Week Proclamation - Jennifer Obermaier, Library Director SUMMARY: Page 1 City of Clearwater Printed on 4/16/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7717 Agenda Date: 4/16/2020 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: City Council Agenda Number: 4.2 SUBJECT/RECOMMENDATION: International Compost Awareness Week - Sheridan Boyle, Sustainability Coordinator SUMMARY: Page 1 City of Clearwater Printed on 4/16/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7635 Agenda Date: 4/16/2020 Status: Agenda ReadyVersion: 1 File Type: MinutesIn Control: City Council Agenda Number: 5.1 SUBJECT/RECOMMENDATION: Approve the minutes of the April 2, 2020 City Council meeting as submitted in written summation by the City Clerk. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 4/16/2020 City Council Meeting Minutes April 2, 2020 Page 1 City of Clearwater City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 Meeting Minutes Thursday, April 2, 2020 6:00 PM Main Library - Council Chambers City Council Draft City Council Meeting Minutes April 2, 2020 Page 2 City of Clearwater Roll Call Present: 4 - Mayor Frank Hibbard, Councilmember Hoyt Hamilton, Councilmember David Allbritton, and Councilmember Kathleen Beckman Absent: 1 – Councilmember Mark Bunker Also Present: William B. Horne II – City Manager, Micah Maxwell – Assistant City Manager, Pamela K. Akin City Attorney, and Rosemarie Call – City Clerk. To provide continuity for research, items are listed in agenda order although not necessarily discussed in that order. Unapproved 1. Call to Order – Mayor George Cretekos The meeting was called to order at 6:00 p.m. in Council Chambers at the Main Library. 2. Invocation – Mayor George Cretekos 3. Pledge of Allegiance – Vice Mayor Bob Cundiff 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 Farewell to Mayor Cretekos and Councilmembers Cundiff and Polglaze Councilmembers thanked former Mayor Cretekos and Vice Mayor Cundiff for their dedication and service during their terms on City Council. Vice Mayor Cundiff reviewed several accomplishments, thanked staff and friends for their support. The City Manager said Dr. Cundiff was always the consummate gentleman and a pleasure to work with. He gave many residents a voice at council meetings during his closing remarks and made sure their concerns were known to staff. The City Attorney said it was a pleasure working with Vice Mayor Cundiff. One of the kindest individuals she has met who always considered others. Draft City Council Meeting Minutes April 2, 2020 Page 3 City of Clearwater Mayor Cretekos thanked the citizens, staff and colleagues for the opportunity to serve as a Councilmember and Mayor. The City Manager said Mayor Cretekos is deeply committed to his faith, appreciated all city employees and created an unofficial narrative of the photographs he took around the community on his Facebook page. The City Attorney said she enjoyed working with the Mayor during his tenure on council. She said she will miss their weekly conversations about governments in all their phases and ranges. He is a great friend and a wonderful mayor. Bill Jonson thanked Mayor Cretekos and Councilmembers Cundiff and Polglaze for their service to the community. He said Mayor Cretekos opened up the council meetings to more community recognitions and celebrations, Councilmember Bob has been a frequent presence in the community that too often do not see councilmembers, and Councilmember Polglaze had passion for Clearwater and Downtown activities. He looked forward to seeing them on the other side dais. 4.2 Oath of Office to newly elected Councilmembers The City Clerk administered the Oath of Office to Mayor Hibbard and Councilmember Beckman. 5. Approval of Minutes 5.1 Approve the minutes of the March 19, 2020 City Council meeting as submitted in written summation by the City Clerk. Councilmember Allbritton moved to approve the minutes of the March 19, 2020 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 Public Hearings - Not before 6:00 PM 7. Administrative Public Hearings 7.1 Approve the request from the owners of property addressed as 1006 Eldorado Avenue, Clearwater, FL to vacate a platted 5-foot Utility Easement, lying in a portion of Lot 8, Draft City Council Meeting Minutes April 2, 2020 Page 4 City of Clearwater Block 69, Mandalay, as recorded in Plat Book 14, Page 32, of the Public Records of Pinellas County, Florida, and pass Ordinance 9381-20 on first reading. The property owners at 1006 Eldorado Avenue, Clearwater, FL have requested that the City vacate a 5-foot platted Utility Easement along the rear of their property. The purpose of this vacation will be to allow construction of a pool and pool deck. There are no utilities present within this easement. City staff have reviewed this vacation and have no objection. In response to a question, Engineering Director Tara Kivett said the City would not instigate the vacation of an easement; property owners are required to request the vacation. Councilmember Allbritton moved to approve the request from the owners of property addressed as 1006 Eldorado Avenue, Clearwater, FL to vacate a platted 5-foot Utility Easement, lying in a portion of Lot 8, Block 69, Mandalay, as recorded in Plat Book 14, Page 32, of the Public Records of Pinellas County, Florida. The motion was duly seconded and carried unanimously. Ordinance 9381-20 was presented and read by title only. Councilmember Hamilton moved to pass Ordinance 9381-20 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Hibbard, Councilmember Allbritton, Councilmember Hamilton, and Councilmember Beckman 7.2 Approve the request from the owner of property addressed as 2869 Glen Hollow Drive, Clearwater, FL to vacate the West 5-foot portion of a 10-foot platted Drainage and Utility Easement, lying in Lot 12, Landmark Woods of Countryside, as recorded in Plat Book 72, Page 92, of the Public Records of Pinellas County, Florida, and pass Ordinance 9382-20 on first reading. The property owner at 2869 Glen Hollow Dr., Clearwater, has requested that the City vacate the West 5-foot portion of a 10-foot platted Drainage & Utility Easement along the rear of their property. The purpose of this vacation will be to allow construction of a new pool deck. Draft City Council Meeting Minutes April 2, 2020 Page 5 City of Clearwater There are no utilities present within this easement. City staff have reviewed this vacation and have no objection. Councilmember Allbritton moved to approve the request from the owner of property addressed as 2869 Glen Hollow Drive, Clearwater, FL to vacate the West 5-foot portion of a 10-foot platted Drainage and Utility Easement, lying in Lot 12, Landmark Woods of Countryside, as recorded in Plat Book 72, Page 92, of the Public Records of Pinellas County, Florida. The motion was duly seconded and carried unanimously. Ordinance 9382-20 was presented and read by title only. Councilmember Beckman Moved to pass Ordinance 9382-20 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Hibbard, Councilmember Allbritton, Councilmember Hamilton, and Councilmember Beckman 7.3 Approve the request from the owners of property addressed as 3086 Oakbrook Circle, Clearwater, FL to vacate the easterly 5 feet of the platted 10-foot utility easement abutting Landmark Dr. and being a portion of lot 11, Oakbrook Estates, according to the plat thereof, as recorded in Plat Book 118, Pages 47-48, of the Public Records of Pinellas County, Florida, and pass Ordinance 9384-20 on first reading. The property owners at 3086 Oakbrook Circle, Clearwater, FL have requested that the City vacate the easterly 5 feet of a 10-foot platted Utility Easement along the rear of their property. The purpose of this vacation will be to allow construction of a new pool and pool deck. There are no utilities present within this easement. City staff have reviewed this vacation and have no objection. Councilmember Allbritton moved to approve the request from the owners of property addressed as 3086 Oakbrook Circle, Clearwater, FL to vacate the easterly 5 feet of the platted 10-foot utility easement abutting Landmark Dr. and being a portion of lot 11, Oakbrook Estates, according to the plat thereof, as recorded in Plat Book 118, Pages 47-48, of the Public Records of Pinellas County, Florida. The motion was duly seconded and carried unanimously. Draft City Council Meeting Minutes April 2, 2020 Page 6 City of Clearwater Ordinance 9384-20 was presented and read by title only. Councilmember Hamilton moved to pass Ordinance 9384-20 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Hibbard, Councilmember Allbritton, Councilmember Hamilton, and Councilmember Beckman 7.4 Approve the annexation, initial Future Land Use Map designations of Residential Low (RL) and Water/Drainage Feature Overlay and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 2764 North Terrace Drive and an initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) for 1748 El Trinidad Drive East, and pass Ordinances 9360-20, 9361-20 and 9362-20 on first reading. (ANX2019-12027; ANX2020-01002) These voluntary annexation petitions involve 0.38-acres of property consisting of two parcels of land occupied by single-family dwellings. The parcels are located generally north of SR 590, west of McMullen Booth Road, south of Sunset Point Road, and east of US Highway 19 North. The applicants are requesting annexation in order to receive sanitary sewer and solid waste service from the City. The properties are located within an enclave and are contiguous to existing City limits in at least one direction. It is proposed that the property located at 2764 North Terrace Drive be assigned Future Land Use Map designations of Residential Low (RL) and Water/Drainage Feature Overlay and a Zoning Atlas designation of Low Medium Density Residential (LMDR), and the property located at 1748 El Trinidad Drive East be assigned a Future Land Use Map designation of Residential Low (RL) and a Zoning Atlas designation of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexations are consistent with the provisions of Clearwater Community Development Code Section 4-604.E as follows: • The properties currently receive water service from Pinellas County. Collection of solid waste will be provided to the properties by the City. The closest sanitary sewer lines are located in the adjacent North Terrace Drive and El Trinidad Drive East rights-of-way, and the owners have paid the required sanitary sewer impact and assessment fees in full and have both been connected to the City’s sewer system. Collection of solid waste will be provided to the properties by the City. The properties are located within Police District III and service will be administered through the district headquarters located at 2851 N. McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station #48 located at 1700 Belcher Road. The City has adequate capacity to serve these properties with sanitary sewer, solid waste, police, fire and EMS service. Water service will Draft City Council Meeting Minutes April 2, 2020 Page 7 City of Clearwater continue to be provided by Pinellas County. The proposed annexations will not have an adverse effect on public facilities and their levels of service; and • The proposed annexations are consistent with and promote the following objectives and policy of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. 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 is consistent with the current Countywide Plan designation of these properties. This designation primarily permits residential uses at a density of 5 units per acre. The Water/Drainage Feature Overlay proposed to be applied to 2764 North Terrace Drive will recognize the existing drainage easement on the property. The proposed zoning district to be assigned to the properties is Low Medium Density Residential (LMDR). The use of the subject properties is consistent with the uses allowed in the District and the properties exceed the District’s minimum dimensional requirements. The proposed annexations are therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and • The properties proposed for annexation are contiguous to existing City limits in at least one direction. Therefore, the annexations are consistent with Florida Statutes Chapter 171.044. Councilmember Allbritton moved to approve the annexation, initial Future Land Use Map designations of Residential Low (RL) and Water/Drainage Feature Overlay and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 2764 North Terrace Drive and an initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) for 1748 El Trinidad Drive East. The motion was duly seconded and carried unanimously. Ordinance 9360-20 was presented and read by title only. Draft City Council Meeting Minutes April 2, 2020 Page 8 City of Clearwater Councilmember Hamilton moved to pass Ordinance 9360-20 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Hibbard, Councilmember Allbritton, Councilmember Hamilton, and Councilmember Beckman Ordinance 9361-20 was presented and read by title only. Councilmember Allbritton moved to pass Ordinance 9361-20 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Hibbard, Councilmember Allbritton, Councilmember Hamilton, and Councilmember Beckman Ordinance 9362-20 was presented and read by title only. Councilmember Hamilton moved to pass Ordinance 9362-20 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Hibbard, Councilmember Allbritton, Councilmember Hamilton, and Councilmember Beckman 7.5 Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1919 Chenango Avenue and 1274 Sedeeva Circle North, together with all rights-of-way of Chenango Avenue and Sedeeva Circle North not currently within the city, and pass Ordinances 9363-20, 9364-20 and 9365-20 on first reading. (ANX2019-11024; ANX2019-12028) These voluntary annexation petitions involve 0.359-acres of property consisting of two parcels of land occupied by single-family dwellings. The parcels are located generally north of Sunset Point Road, west of North Betty Lane, south of Union Street, and east of Douglas Avenue. The applicants are requesting annexation in order to receive sanitary sewer and solid waste service from the City. The Development Review Committee is proposing that the Chenango Avenue and Sedeeva Circle North rights-of-way not currently within the City also be annexed. The properties are contiguous to existing city limits in at least one direction. It is proposed that the properties be assigned a Future Land Use Map designation of Residential Urban (RU) and a Zoning Atlas designation of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexations are consistent with the provisions of Clearwater Community Draft City Council Meeting Minutes April 2, 2020 Page 9 City of Clearwater Development Code Section 4-604.E as follows: • The properties currently receive water service from Pinellas County. Collection of solid waste will be provided to the properties by the City. The closest sanitary sewer lines are located in the adjacent Chenango Avenue and Sedeeva Circle North rights-of-way. The owner of 1919 Chenago Avenue has paid the required impact fee in full and is connected to the City sewer, and the owner of 1274 Sedeeva Circle North is aware that the impact fee must be paid in full prior to connection and of the additional costs to extend City sewer service to the property. The properties are 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 1712 Overbrook Avenue. The City has adequate capacity to serve these properties with sanitary sewer, solid waste, police, fire and EMS service. Water service will continue to be provided by Pinellas County. The proposed annexations will not have an adverse effect on public facilities and their levels of service; and • The proposed annexations are consistent with and promote the following objectives and policy of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. • The proposed Residential Urban (RU) Future Land Use Map category is consistent with the current Countywide Plan designation of these properties. This designation primarily permits residential uses at a density of 7.5 units per acre. The proposed zoning district to be assigned to the properties is Low Medium Density Residential (LMDR). The use of the subject properties is consistent with the uses allowed in the District and the properties exceed the District’s minimum dimensional requirements. The proposed annexations are therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and Draft City Council Meeting Minutes April 2, 2020 Page 10 City of Clearwater • The properties proposed for annexation are contiguous to existing city limits in at least one direction. Therefore, the annexations are consistent with Florida Statutes Chapter 171.044. Councilmember Allbritton moved to approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1919 Chenango Avenue and 1274 Sedeeva Circle North, together with all rights-of-way of Chenango Avenue and Sedeeva Circle North not currently within the city. The motion was duly seconded and carried unanimously. Ordinance 9363-20 was presented and read by title only. Councilmember Hamilton moved to pass Ordinance 9363-20 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Hibbard, Councilmember Allbritton, Councilmember Hamilton, and Councilmember Beckman Ordinance 9364-20 was presented and read by title only. Councilmember Allbritton moved to pass Ordinance 9364-20 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Hibbard, Councilmember Allbritton, Councilmember Hamilton, and Councilmember Beckman Ordinance 9365-20 was presented and read by title only. Councilmember Hamilton moved to pass Ordinance 9365-20 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Hibbard, Councilmember Allbritton, Councilmember Hamilton, and Councilmember Beckman 7.6 Approve the annexation, initial Future Land Use Map designations of US 19-Corridor (US 19-C) and Preservation (P) and initial Zoning Atlas designations of US 19 and Preservation (P) Districts for 24323 and 24479 US Highway 19 North, and pass Ordinances 9366-20, 9367-20 and 9368-20 on first reading. (ANX2019-11026) Draft City Council Meeting Minutes April 2, 2020 Page 11 City of Clearwater This voluntary annexation petition involves 26.317-acres of land consisting of two parcels of land occupied by a vacant mobile home park, a commercial building, and outdoor storage. The parcels are located on the east side of US Highway 19 North approximately 1,315 feet north of Sunset Point Road. The applicant is requesting annexation in order to receive sanitary sewer and solid waste service from the City upon annexation and site redevelopment. The applicant is aware site redevelopment includes replacing and/or upgrading all utilities to city standards. The properties are located within an enclave and are contiguous to existing city limits in all directions. The existing Pinellas County future land use designations on these properties are Residential Urban (RU), Residential/Office/Retail (R/O/R), Recreation/Open Space (R/OS), and Preservation (P), and the zoning designations are Residential Mobile Home Park (RMH) and Commercial Parkway (CP). It is proposed that the properties be assigned a Future Land Use Map designation of US 19-Corridor (US 19-C) and a Zoning Atlas designation of US 19, and that the property located at 24479 US Highway 19 North also be assigned a Future Land Use Map designation of Preservation (P) and a Zoning Atlas designation of Preservation (P), consistent with the City’s policies regarding US 19. The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Clearwater Community Development Code Section 4-604.E as follows: • The properties currently receive water service from the City. Collection of solid waste will be provided to the properties by the City. The closest sanitary sewer line is located in an easement along the eastern property boundaries. The applicant is aware that the sanitary sewer impact and assessment fees must be paid in full, and of any additional costs to extend to City’s sanitary sewer line. Collection of solid waste will be provided to the properties by the City. The properties are located within Police District III and service will be administered through the district headquarters located at 2851 N. McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station #48 located at 1700 Belcher Road. The City has adequate capacity to serve these properties with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexations will not have an adverse effect on public facilities and their levels of service; and • The proposed 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. Draft City Council Meeting Minutes April 2, 2020 Page 12 City of Clearwater Policy A.7.2.5 Unincorporated property within the Clearwater Planning Area located within the US 19 Corridor redevelopment area shall be designated through an amendment to the Future Land Use Map with the appropriate future land use category upon annexation, consistent with the US 19 Regional Center, US 19 Neighborhood Center and US 19 Corridor future boundaries depicted on Map A-17. • The proposed US 19-Corridor (US 19-C) Future Land Use Map category is consistent with the future boundaries depicted on Map A-17, US 19 Corridor Redevelopment Area, and primarily permits a mix of uses at a floor area ratio (FAR) of 1.5. The proposed zoning district to be assigned to the properties is the US 19 District. The Preservation (P) Future Land Use Map category and Preservation (P) Zoning District proposed to be applied to 24479 US Highway 19 North is consistent with the area currently designated as Preservation (P) on the County’s Future Land Use Map as well as the Countywide Plan Map, recognizing the portion of undeveloped property along the northeastern property boundary. Any future redevelopment of the property would be required to meet the US 19 Zoning District & Development Standards. • The properties proposed for annexation are contiguous to existing city limits in all directions. Therefore, the annexation is consistent with Florida Statutes Chapter 171.044. The City does not require applications to amend the Future Land Use Map (LUP) or Zoning Atlas (REZ) when properties are annexed within the US 19 Corridor Redevelopment Area, as depicted on Map A-17 in the Comprehensive Plan. However, this change to the future land use designation will require review by the Department of Economic Opportunity (Division of Community Planning) as a large-scale amendment. Additionally, in accordance with the Countywide Plan Rules, the City must request an amendment to the Countywide Plan Map, which is subject to the approval of the Pinellas Planning Council and the Board of County Commissioners acting as the Countywide Planning Authority. Therefore, second reading for Ordinances 9367-20 and 9368-20, assigning the future land use and zoning designations, will be scheduled after state agency review. In response to questions, Planning and Development Director Gina Clayton said the preservation piece is located by Regency Oaks. The indoor batting academy and Uhaul rental and outdoor storage are located in the southern portion. Applicant Representative Kattie Cole said the only environmental issues that have ever been an issue on the site is sanitary sewer. The applicant was working with the City for three years in attempt to resolve that until the property owner decided to close the park and pursue a full redevelopment. Draft City Council Meeting Minutes April 2, 2020 Page 13 City of Clearwater Councilmember Allbritton moved to approve the annexation, initial Future Land Use Map designations of US 19-Corridor (US 19-C) and Preservation (P) and initial Zoning Atlas designations of US 19 and Preservation (P) Districts for 24323 and 24479 US Highway 19 North. The motion was duly seconded and carried unanimously. Ordinance 9366-20 was presented and read by title only. Councilmember Hamilton moved to pass Ordinance 9366-20 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Hibbard, Councilmember Allbritton, Councilmember Hamilton, and Councilmember Beckman Ordinance 9367-20 was presented and read by title only. Councilmember Allbritton moved to pass Ordinance 9367-20 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Hibbard, Councilmember Allbritton, Councilmember Hamilton, and Councilmember Beckman Ordinance 9368-20 was presented and read by title only. Councilmember Hamilton moved to pass Ordinance 9368-20 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Hibbard, Councilmember Allbritton, Councilmember Hamilton, and Councilmember Beckman 7.7 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 814 Woodruff Avenue, and pass Ordinances 9369-20, 9370-20, and 9371-20 on first reading. (ANX2019-11025) This voluntary annexation petition involves a 0.323-acre property consisting of one parcel of land occupied by a single-family dwelling. The property is located on the west side of Woodruff Avenue, approximately 380 feet south of Druid Road. The applicant is requesting annexation in order to receive solid waste service from the City. The property is located within an enclave and is contiguous to existing city boundaries to the north and to the east. 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 Draft City Council Meeting Minutes April 2, 2020 Page 14 City of Clearwater annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: • The property currently receives water service from the City of Clearwater. Sewer service is not readily available to the applicant’s property. Collection of solid waste will be provided by the City of Clearwater. 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 #47 located at 1460 Lakeview 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. 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 current Countywide Plan designation of the property. This designation primarily permits residential uses at a density of 5 units per acre. The proposed zoning district to be assigned to the property is the Low Medium Density Residential (LMDR) District. The use of the subject property is consistent with the uses allowed in the District and the property exceeds the District’s minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and • The property proposed for annexation is contiguous to existing city boundaries to the north and east; therefore, the annexation is consistent with Florida Statutes Section 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 814 Woodruff Avenue. The motion was duly Draft City Council Meeting Minutes April 2, 2020 Page 15 City of Clearwater seconded and carried unanimously. Ordinance 9369-20 was presented and read by title only. Councilmember Beckman moved to pass Ordinance 9369-20 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Hibbard, Councilmember Allbritton, Councilmember Hamilton, and Councilmember Beckman Ordinance 9370-20 was presented and read by title only. Councilmember Hamilton moved to pass Ordinance 9370-20 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Hibbard, Councilmember Allbritton, Councilmember Hamilton, and Councilmember Beckman Ordinance 9371-20 was presented and read by title only. Councilmember Allbritton moved to pass Ordinance 9371-20 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Hibbard, Councilmember Allbritton, Councilmember Hamilton, and Councilmember Beckman 7.8 Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 2730 Daniel Street, together with a certain portion of Daniel Street, Charles Avenue, SR 580, and McMullen Booth Road right-of-ways and pass Ordinances 9375-20, 9376-20, and 9377-20 on first reading. (ANX2020-01003) This voluntary annexation petition involves a 0.18-acre property consisting of one parcel of land occupied by a single-family dwelling. The property is located on the west side of Daniel Street, approximately 150 feet southwest of Charles Avenue. The applicants are requesting annexation in order to receive solid waste service from the City. The Development Review Committee is proposing that that 5.8-acres of Daniel Street, Charles Avenue, McMullen Booth Road and SR580 right-of-ways not currently within the City limits also be annexed. The property is located within an enclave and is contiguous to existing City boundaries to the east, northwest and southwest. It is proposed that the property be assigned a Future Land Use Map designation of Residential Urban (RU) 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 Draft City Council Meeting Minutes April 2, 2020 Page 16 City of Clearwater Section 4-604.E as follows: • The property currently receives water service from Pinellas County. Sewer service is not readily available to the applicant’s 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 McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station #50 located at 2681 Countryside Boulevard. The City has adequate capacity to serve this property with solid waste, police, fire and EMS service. The property will continue to receive water service from Pinellas County. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and • The proposed annexation is consistent with and promotes the following objectives and policy of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. • The proposed Residential Urban (RU) Future Land Use Map category to be assigned to the property is consistent with the current Countywide Plan designation of the property. This designation primarily permits residential uses at a density of 7.5 units per acre. The proposed zoning district to be assigned to the property is the Low Medium Density Residential (LMDR) District. The use of the subject property is consistent with the uses allowed in the District and the property exceeds the District’s minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and • The property proposed for annexation is contiguous to existing City boundaries to the east, northwest, and southwest; therefore, the annexation is consistent with Florida Statutes Section 171.044. Councilmember Hamilton moved to approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 2730 Daniel Street, together with a certain Draft City Council Meeting Minutes April 2, 2020 Page 17 City of Clearwater portion of Daniel Street, Charles Avenue, SR 580, and McMullen Booth Road right-of-ways. The motion was duly seconded and carried unanimously. Ordinance 9375-20 was presented and read by title only. Councilmember Allbritton moved to pass Ordinance 9375-20 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Hibbard, Councilmember Allbritton, Councilmember Hamilton, and Councilmember Beckman Ordinance 9376-20 was presented and read by title only. Councilmember Beckman moved to pass Ordinance 9376-20 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Hibbard, Councilmember Allbritton, Councilmember Hamilton, and Councilmember Beckman Ordinance 9377-20 was presented and read by title only. Councilmember Hamilton moved to pass Ordinance 9377-20 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Hibbard, Councilmember Allbritton, Councilmember Hamilton, and Councilmember Beckman 8. Second Readings - Public Hearing 8.1 Adopt Ordinance 9385-20 on second reading, amending the Operating Budget for the fiscal year ending September 30, 2020 to reflect increases and decreases in revenues and expenditures for the General Fund, Special Program Fund, Stormwater Fund, Gas Fund, Solid Waste and Recycling Fund, Airpark Fund, Marine Fund, Parking Fund, General Services Fund, Administrative Services Fund and Garage Fund. Ordinance 9385-20 was presented and read by title only. Councilmember Allbritton moved to adopt Ordinance 9385-20 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Hibbard, Councilmember Allbritton, Councilmember Hamilton, and Councilmember Beckman 8.2 Adopt Ordinance 9386-20 on second reading, amending the Capital Improvement Draft City Council Meeting Minutes April 2, 2020 Page 18 City of Clearwater Budget for the fiscal year ending September 30, 2020 to reflect a net increase of $1,034,201. Ordinance 9386-20 was presented and read by title only. Councilmember Hamilton moved to adopt Ordinance 9386-20 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Hibbard, Councilmember Allbritton, Councilmember Hamilton, and Councilmember Beckman 9. City Manager Reports 9.1 Confirm COVID-19 Emergency Proclamation and adopt Resolution 20-14. Resolution 20-14 was presented and read by title only. Councilmember Allbritton moved to adopt Resolution 20-14. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Hibbard, Councilmember Allbritton, Councilmember Hamilton, and Councilmember Beckman 10. City Attorney Reports – None. 11. Council Discussion Items 11.1 Business Recovery - Mayor Hibbard Mayor Hibbard said he has been talking with Amplify about business recovery after the crisis has passed. The approach would include getting experts who can help local businesses navigate the CARE Act and to figure out ways to best position the City and businesses when the time is right. Amplify is looking to create a group of 9 to 12 local industry representatives who know the city and its business environment. He requested council support to have Denise Sanderson, Clearwater Economic Development and Housing Director, to act as the city liaison. In response to questions, the City Attorney said city attorneys do not practice in the private area and there are individuals who are much more qualified to provide advice to private individuals. City attorneys provide advice to the City. The Mayor said Amplify will be heading the group. The city liaison will communicate back and forth. Draft City Council Meeting Minutes April 2, 2020 Page 19 City of Clearwater It was suggested that a list of attorneys individuals can choose from be provided. Discussion ensued with consensus to support Ms. Sanderson act as the City's liaison. The City Manager said the City has been working well with Amplify during the COVID-19 experience and has emphasized that staff wants to hear from the business perspective what works for them. He said he did not want to blow past the Downtown Partnership; he suggested finding ways to get them connected. Mayor Hibbard said he spoke to the City Clerk regarding amending Council Rules to allow more discussion at work sessions and prior to making a motion at council meetings. He said during his previous tenure on council, he did not follow Robert's Rule as closely and preferred having council discussion prior to a motion being made. He also suggested allowing staff to answer questions at the end of Citizens to be Heard. There was consensus to amend council rules. 12. Closing comments by Councilmembers (limited to 3 minutes) Councilmember Beckman thanked Mayor Cretekos and Vice Mayor for their service and thanked staff for helping her get settled into her duties on day 4. She expressed concerns for the homeless in our community and questioned how best to serve them. She said she worries about increasing attention to hygiene, sanitation and where they will be housed. She asked the City to use this crisis as an opportunity to help each other and build a sense of unity. Councilmember Allbritton welcomed the new councilmembers. He said the City is business and like other business, city staff has been cut back. He requested all to be patient during this time; we are all in this together. He said yard waste pick up is getting cut back. He said he was glad that Council is talking about the recovery process because we will need to bring this economy back when this passes. He urged all to take this event seriously and encouraged all to social distance. Councilmember Hamilton said bulk garbage collection will do one more bulk pickup next week and will be temporarily suspended after next week. Draft City Council Meeting Minutes April 2, 2020 Page 20 City of Clearwater 13. Closing Comments by Mayor Mayor Hibbard welcomed Councilmember Beckman and said Councilmember Bunker was under the weather and reason why he was not present tonight. He thanked all those who ran in this past election and encouraged they stay engaged by participating in Citizens Academy or a city advisory board. He thanked all of his supporters and hoped to win over those who did not support him during this term. He encouraged all to be thoughtful during this crisis as people deal with stress differently. He encouraged all to complete the 2020 Census, which is available online. Free lunches for students during the COVID-19 crisis is available Monday through Friday at Ross Norton Recreation Center and N. Greenwood Recreation Center. 14. Adjourn The meeting adjourned at 7:36 p.m. Mayor City of Clearwater Attest City Clerk Draft Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7549 Agenda Date: 4/16/2020 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.1 SUBJECT/RECOMMENDATION: Approve a purchase order to Asphalt Paving Systems Inc. of Zephyrhills, Florida, in the amount of $520,043.70 for Harn Boulevard Roadway Reconstruction (19-0014-EN), pursuant to City of Clearwater Code of Ordinances, Section 2.564 (1)(d) Other Government Entities and authorize the appropriate officials to execute same. (consent) SUMMARY: The City of Clearwater included the entirety of Morningside Estates within the annual roadway surfacing program for fiscal year 2019. During the construction process, it was determined that roadway degradation of Harn Boulevard from US Highway 19 to Stewart Avenue far exceeded the surrounding area. The City performed a geotechnical investigation of the subsurface conditions to determine the cause of degradation and concluded roadway reconstruction was needed with restoration of asphalt roadway using a full-depth reclamation process. Asphalt Paving Systems performs full-depth restoration by recycling the existing asphalt and base material, adding a structural binder, and constructing a new roadway cross-section in one series of construction activities. Asphalt Paving Systems, Inc. is currently under contract with the City of Largo. The City of Clearwater proposes to piggy-back on the City of Largo Pavement and Roadway Infrastructure Rehabilitation Annual Purchase Agreement No. 19-B-690 effective January 29, 2020 through September 30, 2022. APPROPRIATION CODE AND AMOUNT: ENRD180004-CONS-CNSTRC $520,043.70 Funding is available in Capital Improvement Project ENRD180004, Streets and Sidewalks to fund the purchase order. Page 1 City of Clearwater Printed on 4/16/2020 DATE:2/21/2020 TO:FROM:Asphalt Paving Systems, Inc. Randy Shane - South Florida Rep 100 S. Myrtle Ave. 9021 Wire Road Clearwater, FL 33756 Zephyrhills, FL 33540 (727) 562-4592 Ph: 813-892-0056 RE:Project proposal FDR with 2" HMA Harn Blvd Estimate Product Description Units Quantity Unit Price Total Price Piggyback City of Largo Contract 11 SP 12.5 FC TN 880.00 172.50$ 151,800.00$ 24 Full Depth Reclamation SY 8,000.00 10.81$ 86,480.00$ 25 Emulsion (FDR)Gal 24,000.00 2.65$ 63,600.00$ 26 Portland Cement (FDR)TN 92.00 160.00$ 14,720.00$ 27 Compact & Grading (FDR)SY 8,000.00 11.20$ 89,600.00$ 41 Latex Paint Yellow/White 6-inch Striping LF 9,400.00 0.63$ 5,922.00$ 42 Latex Paint Yellow/White 12-inch Striping LF 3,400.00 2.88$ 9,792.00$ 43 Latex Paint Yellow/White 24-inch Striping LF 500.00 5.75$ 2,875.00$ 44 Latex Paint White Symbol or Wording on Pavement EA 20.00 86.25$ 1,725.00$ 45 Thermoplastic Yellow/White 6-inch Striping LF 9,400.00 2.07$ 19,458.00$ 46 Thermoplastic Yellow/White 12-inch Striping LF 3,400.00 4.14$ 14,076.00$ 47 Thermoplastic Yellow/Whire 24-inch Striping LF 500.00 8.28$ 4,140.00$ 48 Thermoplastic White Symbol or Wording on Pavement EA 22.00 264.50$ 5,819.00$ 49 Amber/Red/White?Blue RPM Installation EA 300.00 9.20$ 2,760.00$ Subtotal 472,767.00$ 50 10% Contingency LS 1.00 47,276.70$ 47,276.70$ Total 520,043.70$ *Proposal includes all Labor, and Equipment for all items. Respectfully Submitted,Accepted By: ___________________ Randy D. Shane Asphalt Paving Systems, Inc.Signature: ___________________ Zephyrhills, Florida c: 813-892-0056 e: rd.shane@hotmail.com Date: ___________________ * Proposal valid for 30 days. Roger T. Johnson, P.E. Senior Professional Engineer City of Clearwater Page 1 of 1 US-19 NHARN BLVD NURSERY RD S BELCHER RD E US-19 FRONTAGE RDW US-19 FRONTAGE RDFLUSHING AVE SUMMERLIN DR STEWART BLVD ST. CHARLES DR GLENMOOR RD N OSAKA DR BRENTWOOD DR TEAKWOOD DR WILLIAMS DR MINNEOLA RD GROVEWOOD RD VIA CIPRIANI NAGANO DR CURTIS DR S CLAIBORNE DR CURTIS DR N PEARCE DR HABERSHAM DR MORNINGSIDE DR SANDS TER NGRENADA AVE BUTTERFLY DR CARACAS AVE SANDS TER S FAIRBANKS DR EDENVILLE AVE GLENANN DR FRUITLAND AVE HERMITAGE AVE DRIFTWOOD AVE MAPLE FOREST RD SANDS DR FUJIAMA DR EXCALIBER DR EVERGLADES AVE GLENMOOR RD S VIOLA DR MORELAND DR PEKINESE DR BURMA AVE HENNESEN DR PAGODA DR SUMO DR DORADO PL BURNICE DR COLLEGE DR DICKENSON DR PERRY DR CHINABERRY RD TEAHOUSE DR FLOURNOY CIR N GLENMOOR CT ACADEMY DR CURTIS DR EROSETREE CT WILLIAMS CT GLENMOOR RD COUNTRY OAKS LN 2020 ROAD RESURFACING PROJECT (19-0045-EN) Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com Document Path: C:\Users\Wioletta.Dabrowski\City of Clearwater\Engineering Projects - 14-0051-EN 2015 Street Resurfacing\1-RENEWAL 2020\Harn_Blvd.mxd SP 12.5 Asphaltic Concrete Harn Blvd. ²N.T.S.Scale: Page 1 of 1RJReviewed By: WDMap Gen By:02/19/2020Date: 46x1, 1 My name is Dab Larkin. I live at 1337 Stewart Blvd and I am a retired field engineer in road construction. I was able to view the work session when the Harn proposal was discussed. I have a few comments. I don't understand why an RFP was not used as required by the city? I personally witnessed two construction companies walking and measuring the Ham job, but only received this proposal. Also,Tara Kivett explained the piggybacking of the Largo contract. The Largo project is just about 22% of the Ham job,why is the unit pricing the same? Full Depth Reclamation for Largo was 1,760 SY compared to 8,000 SY on the Harn job. Replace,compact and grade material was the same yardage. The emulsion used by Largo was for 5260 gallons as to 24,000 gallons for the Ham job. When looking at the proposal,the Ham job has the same unit pricing. It stands to reason that when a company does more work(more than 78%)the unit pricing goes down; it does not remain the same. Also, Largo contract did not have a 10%contingency. Ham Blvd 10%contingency is worth over$47,000.00. Mayor Hibbard, I agree when you said, during these unusual circumstances we could probably negotiate pricing. I believe with this job we could save over$100,000 by negotiating the unit pricing and waiving the contingency. Another thought, I don't know the timeline for construction of the apartments off Ham, however, might it be prudent to wait until the construction of the apartments was completed so that the apartment construction won't tear up our new asphalt? I do feel this the FDR is a viable solution, I just don't feel we have a competitive contract for our city. Thank you for your time. Call, Rosemarie From: Deb Larkin <djlarkin210@aol.com> Sent: Wednesday,April 15, 2020 2:36 PM To: Call, Rosemarie;ClearwaterCouncil Subject: Re:comment Attachments: commentHarn.docx r rj4P JRA l'',7';;,0'7,'r SE ' ' fi13ty 4 e Rosemarie, Here are my comments, I sent to clearwatercouncil as well. Thank you for your help. Deb Larkin Original Message— From: Call, Rosemarie<Rosemarie.Call@myClearwater.com> To: Deb Larkin <djlarkin210@aol.com> Sent: Wed, Apr 15, 2020 2:12 pm Subject: RE: comment Did it prompt you to register or log in? From: Deb Larkin <djlarkin210@aol.com> Sent:Wednesday,April 15, 2020 2:09 PM To: Call, Rosemarie<Rosemarie.Call©myClearwater.com> Subject: Re: comment Yes, I went on to the link for clearwater granicus, clicked on ecomment next to agenda. I made a commnet under the Ham agenda item. Original Message--- From: Call, Rosemarie<Rosemarie.Calk myClearwater.com> To: Deb Larkin <djlarkin210@aol.com> Cc: Castelli, Joelle Wiley <Joelle.Castellk myClearwater.com> Sent:Wed, Apr 15, 2020 1:55 pm Subject: RE: comment Ms. Larkin—was the comment submitted via eComment or mailto:ClearwaterCouncilCc myclearwater.com? Rosemarie From: Castelli, Joelle Wiley <Joelle.Castelli©myClearwater.com> Sent: Wednesday, April 15, 2020 1:53 PM To: Call, Rosemarie<Rosemarie.Call@myClearwater.corn> Subject: FW: comment Can you check for them? From: Deb Larkin <djlarkin210@aol.com> Sent: Wednesday, April 15, 2020 1:35 PM To: Castelli, Joelle Wiley <Joelle.Castelli@myClearwater.com> Subject: comment r, y i€, az u..e xis t"r ^a[JtA n x; jt I a s e s a Ir + ta 1+ 1'7.1g &: o s s r " tri r'4 ei_ 1 e .. _.. d. S ': Joelle, I made a comment to the Ham construction proposal. I wanted to know if it was received? Thank you, Deb larkin 2 Please Publish an Agenda First All User Locations d Download PDF Download CSV This Meeting Settings All Meeting Settings eComments Stats Hide/Show eComments Charts Hide/Show eComments Hide/Show Meeting Name Position Attachments SubmittedAgendaItem -- Comment --At -- City 10.2 ID#20-7712 Confirm Maura 04-15- Council COVID-19 Emergency Hedrich Thank you for taking a 2020 04:39 on 2020- Proclamation and adopt proactive approach in forming pm 04-16 Resolution 20-16. a COVID-19 Task Force. As a 6:00 PM city, we are facing an uphill challenge and need representatives from every corner of Clearwater to have it be successful. How will the members be chosen to be on the task force? Will all Council members be able to nominate or recommend people? How will diversity be insured by income, age, ethnicity, culture, residency, etc? Will there be a final vote to accept the members by the Council? https://clearwater.granicusideas.com/admin/panels/ecomments?granicus.launchOnly=true&signed_request=Pn_qp... 4/17/2020 Meeting Agenda Item -- Name Comment -- Position Attachments Submitted At This is a very important position and every corner of Clearwater must be equally represented. Thank you. https://clearwater.granicusideas.com/admin/panels/ecomments?granicus.launchOnly=true&signed_request=Pn_qp... 4/17/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7592 Agenda Date: 4/16/2020 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.2 SUBJECT/RECOMMENDATION: Approve a proposal from Construction Manager at Risk Keystone Excavators in the amount of $1,025,378.20 for the construction of David Avenue Property Stormwater Improvements (20-0002-EN) and authorize the appropriate officials to execute same. (consent) SUMMARY: On August 4, 2016 the Council approved the use of Construction Manager at Risk Services (CMAR) for Continuing Contracts with Biltmore Construction Co.; Cathey Construction and Development; Certus Builders; J. Kokolakis Contracting; J.O. Delotto & Sons; Keystone Excavators; Khors Construction; and Wharton-Smith, for a period of four years. These firms were selected in accordance with Florida Statutes 255.103 and 287.055 under Request for Qualifications #24-16 based upon construction experience, financial capability, availability of qualified staff, local knowledge and involvement in the community. The current stormwater structures on city owned property, located along David Avenue, are nearing the end of their useful lifespan. The original pipes are corrugated metal and have developed holes causing unstable ground through soil erosion. The intent of this project is to repair existing pipes and add maintenance access locations along the 1,000-foot section of pipeline. Future maintenance will be provided by Stormwater Maintenance. APPROPRIATION CODE AND AMOUNT: ENST180005-CONS-CNSTRC $ 1,025,378.20 Funding is available in Capital Improvement Project ENST180005, Coastal Basins, to fund the proposal. Page 1 City of Clearwater Printed on 4/16/2020 KEYSTONE EXCAVATORS, INC. 371 Scarlet Blvd CUC 056698 Oldsmar, FL 34677 FPSCV 725207000196 Phone 813-854-2342 Fax 813-854-2993 CM@Risk Contract for David Avenue Date February 24, 2020 TO: Ivan Dimitrov, E.I., Project Manager City of Clearwater – Engineering Department 100 S. Myrtle Ave., Suite 200 Clearwater, FL 33756 RE: David Avenue Property – Stormwater Improvements City of Clearwater Engineering Department Project 20-0002-EN As requested, enclosed is the proposal for construction of the David Avenue Property, submitted in accordance with technical specs/plans/study/clarifications of this letter/attached line item work, etc., for a Guaranteed Maximum Price of $1,025,378.20. Scope of Work: Cleaning, video inspection and full reconstruction of approximately 850 LF of 36” storm pipe, approximately 1825 LF of 42” storm pipe, and approximately 975 LF of 48” storm pipe by the installation of a resin impregnated cured in place pipe (RICIPP) lining. Quantities to be verified in field. Cost Detail: Cost Detail: Description Amount Cost of Work $894,372.00 Contingency 10% $ 89,437.20 Subtotal $983,809.20 General Conditions (or General Conditions/Supervision/Insurance/Bond) $ 41,569.00 Construction Management Fee Guaranteed Maximum Price $1,025,378.20 Project Duration shall be __150__ calendar days from the date of the Notice to Proceed. KEYSTONE EXCAVATORS, INC. 371 Scarlet Blvd CUC 056698 Oldsmar, FL 34677 FPSCV 725207000196 Phone 813-854-2342 Fax 813-854-2993 Existing Contract: This proposal is submitted in conjunction with the existing Construction Manager at Risk Services Continuing Contract entered into with the City of Clearwater on August 4, 2016, based on RFQ #24-16. If GMP Exceeds $150,000: Per Section III, Article 5.1 of the Contract Specifications, the contractor shall provide to the public entity a certified copy of the recorded bond. Once the City receives a certified copy of the recorded bond, a Notice to Proceed may be issued. Include the attached bond form as well as the Power of Attorney. For work performed, invoices shall be submitted to the City of Clearwater, Engineering Dept., Attn: Veronica Josef, Senior Staff Assistant, P.O. Box 4748, Clearwater, Florida, 33758-4748. Contingency services may be billed only after written authorization is provided by the City to proceed with those services. Code: ENST180001-CONS-CNSTRC KEYSTONE EXCAVATORS, INC. By: _________________________________ Robert Fornwalt, President _________________________________ Date CITY OF CLEARWATER, FLORIDA Approved as to form: Attest: ____________________________ By: _______________________________ Owen Kohler, Rosemarie Call, Assistant City Attorney City Clerk Countersigned: George N. Cretekos, William B. Horne II, Mayor City Manager Date Date 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 . Keystone Excavators, Inc. 371 Scarlet Blvd. Oldsmar, FL 34677 (813) 854-2342 Ohio Casualty Insurance Company 17771 Cowan Ave., Suite 200 Irvine, CA 92614 (727) 781-9797 City of Clearwater Engineering Department 100 S. Myrtle Avenue, Ste 220 Clearwater, FL 33756 (727) 562-4750 PROJECT NAME: David Avenue Property – Stormwater Improvements PROJECT NO.: 20-0002-EN PROJECT DESCRIPTION: Cleaning, video inspection and full reconstruction of approximately 850 LF of 36” storm pipe, approximately 1825 LF of 42” storm pipe, and approximately 975 LF of 48” storm pipe by the installation of a resin impregnated cured in place pipe (RICIPP) lining. Quantities to be verified in field. BY THIS BOND, We, Keystone Excavators, Inc. , as Contractor, and Ohio Casualty Insurance Company, a corporation, as Surety, are bound to the City of Clearwater, Florida, herein called Owner, in the sum of $935,941.00, 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 proposal dated _January 24, 2020__, between Contractor and Owner for construction of David Avenue, 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 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 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 Bond No.:________________ PUBLIC CONSTRUCTION BOND (2) 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). KEYSTONE EXCAVATORS, INC. By: _____________________________ Title: President . Print Name: Robert Fornwalt . WITNESS: WITNESS: _________________________________ _________________________________ Corporate Secretary or Witness Print Name: _______________________ Print Name: _______________________ (affix corporate seal) Ohio Casualty Insurance Company By: _____________________________ ATTORNEY-IN-FACT Print Name: Warren M. Shrum, Jr. (affix corporate seal) (Power of Attorney must be attached) US-19 NDREW ST GULF-TO-BAY BLVD HAMPTON RD PARK PLACE BLVD DAVID AVE NASSAU LN SERVICE RD ABAHAMA LN FAIRWOOD AVE BERMUDA BLVD LEEWARD ISLE ST. MARTIN LN CAMBRIDGE CIR ELIZABETH AVE SKY HARBOR DR ST. CROIX 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 David Ave. Property Stormwater ImprovementsProject# 20-0002-EN Page 1 of 1Date:2/4/2020WDMap Gen By: Document Path: C:\Users\Wioletta.Dabrowski\City of Clearwater\Engineering Geographic Technology - Location Maps\David_Ave._Loc.mxd IDReviewed By:291BGrid #:17-29s-16eS-T-R: August 19, 2016 Keystone Excavators, Inc. Attention: Robert Fornwalk 371 Scarlet Blvd. Oldsmar, FL 34677 RE: 2016 – 2020 Construction Management at Risk Services for Continuing Contracts Dear Mr. Fornwalk: Keystone Excavators. Inc., has been awarded the 2016 – 2020 Construction Management at Risk Services for Continuing Contracts by the City of Clearwater Engineering Dept. and City Council. Enclosed are the contract documents for your files. Per the Request for Qualifications RFQ # 24-16, the following insurance documents are required. Please submit the insurance documents references below no later than Friday, Sept, 2, 2016 to: City of Clearwater Attn: Engineering Contract Specialist, RFQ #24-16 P.O. Box 4748 Clearwater, FL 33758-4748 Or via email to Lisa.Bayly@myclearwater.com INSURANCE REQUIREMENTS. The Contractor (respondent) shall, at its own cost and expense, acquire and maintain (and cause any subcontractors, representatives or agents to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A-VII or better. In addition, the City has the right to review the Contractor’s deductible or self-insured retention and to require that it be reduced or eliminated. Specifically the Contractor must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement. Specific work may require additional coverage on a case by case basis: a.Commercial General Liability Insurance coverage, including but not limited to, premises operations,products/completed operations, products liability, contractual liability, advertising injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. b.Commercial Automobile Liability Insurance coverage for any owned, non-owned, hired or borrowedautomobile is required in the minimum amount of $1,000,000 (one million dollars) combined single limit. DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACTPRODUCERNAME:FAXPHONE(A/C, No):(A/C, No, Ext):E-MAILADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ADDL SUBRINSR POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITSPOLICY NUMBERLTR (MM/DD/YYYY) (MM/DD/YYYY)INSD WVD COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGG $JECT $OTHER: COMBINED SINGLE LIMITAUTOMOBILE LIABILITY $(Ea accident) BODILY INJURY (Per person) $ANY AUTO ALL OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS AUTOSNON-OWNED PROPERTY DAMAGE $HIRED AUTOS (Per accident)AUTOS $ UMBRELLA LIAB EACH OCCURRENCE $OCCUR EXCESS LIAB CLAIMS-MADE AGGREGATE $ $DED RETENTION $ PER OTH-WORKERS COMPENSATION STATUTE ERAND EMPLOYERS' LIABILITY Y / NANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $N / AOFFICER/MEMBER EXCLUDED?(Mandatory in NH)E.L. DISEASE - EA EMPLOYEE $If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2014/01) KEYST-1 OP ID: BT 09/19/2016 Case J. Fessler, AAI, CICFessler Agency-Clearwater3165 N McMullen Booth Road G-2Clearwater, FL 33761-2020Case J. Fessler, AAI, CIC 727-726-3377 727-725-4698 cfessler@fessleragency.com National Trust 20141 FCCI Insurance Company 10178Keystone Excavators, Inc.371 Scarlet Blvd.Oldsmar, FL 34677 Allied World Assurance Co. Travelers Insurance Company 40282 AX 1,000,000 X GL000954837 12/01/2015 12/01/2016 100,000 5,000 X Per Proj Agg 1,000,000 2,000,000 X 2,000,000 1,000,000 AX CA00148527 12/01/2015 12/01/2016 XX PIP 10,000 XX 5,000,000 B UMB00098587 12/01/2015 12/01/2016 5,000,000 10000X X B 60855 12/01/2015 12/01/2016 1,000,000N1,000,000 1,000,000 C POLLUTION 51521322 11/02/2015 11/02/2016 LIMITS 2,000,000 D EQUIPMENT FLOATER 6603842B003 12/01/2015 12/01/2016 LIMITS 300,000 Certificate holder is included as additional insured on the GL & Auto Liability *Limited Professional(Contractors E&O)Policies are primary & non-contributory.Waiver of Subrogation is included on the GL; Auto Liability & Workers Compensation.Includes Separation of Insured *30 days notice of cancellation,10 days for nonpayment CITYCL9 City of Clearwater Engineering ContractSpecialist RFQ#24-16 Po Box 4748 Clearwater, FL 33758-4748 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7622 Agenda Date: 4/16/2020 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.3 SUBJECT/RECOMMENDATION: Approve the conveyance of a Distribution Easement to Duke Energy Florida, LLC, d/b/a Duke Energy, for the installation, operation and maintenance of electric facilities to support Duke’s new transformers and facility installation at 297 S. Glenwood Avenue and authorize the appropriate officials to execute same. (consent) SUMMARY: Parks & Recreation is in the process of a $6.4 million dollar renovation project at the City’s Crest Lake Park. Duke facilities will be constructed to serve several new components that will be placed in the center of the 40-acre park including a restroom, spray park, fountain in the existing lake, enhanced lighting, and an irrigation system. The distribution easement will provide Duke Energy with the property rights necessary to construct and maintain its electric equipment within the easement. The facilities will be located within areas agreed to by the City and Duke Energy. Subsequent to Duke Energy installing its electrical facilities, the City will survey the installed electrical facilities and provide Duke Energy a descriptive legal description as a finalized Exhibit “A” to the distribution easement. Once finalized, the distribution easement will be recorded in public records. Page 1 City of Clearwater Printed on 4/16/2020 Prepared By: Manny R. Vilaret, Esquire Return To: Duke Energy Vilaret Law, PLLC Attn: Land Services 10901 Danka Circle, Suite C 2401 25th Street North, SP-15 St. Petersburg, Florida 33716 St. Petersburg, Florida 33713 SEC: 14 TWP: 29S RGE: 15E COUNTY: PINELLAS PROJECT: CW-19-34417207 GRANTOR: CITY OF CLEARWATER ADDRESS: PO BOX 4748, Clearwater, FL. 33758-4748 SITE ADDRESS: 297 S Glenwood Ave, Clearwater, FL, 33755 (Crest Lake Park) TAX PARCEL NUMBERS: 14-29-15-00000-210-0100 DISTRIBUTION EASEMENT KNOW ALL MEN BY THESE PRESENTS, that the undersigned, their heirs, successors, lessees and assigns (“GRANTOR”), in consideration of the mutual benefits, covenants and conditions herein contained, does hereby grant and convey to DUKE ENERGY FLORIDA, LLC, d/b/a DUKE ENERGY, a Florida Limited Liability Company, Post Office Box 14042, St. Petersburg, Florida 33733, and to its successors and assigns, (“GRANTEE”), an easement to install, operate and maintain in perpetuity, such facilities as may be necessary or desirable for providing electric energy and, said facilities being located in the following described “Easement Area” within GRANTOR’S premises in Pinellas County, to wit: A 10.00 foot wide Easement Area lying 5.00 feet on each side of GRANTEE's facilities, as built and installed at a mutually agreeable location over, under, upon, across, through and within the following described property to accommodate present and future development: See legal description on the accompanying Exhibit “A” attached hereto and incorporated herein by this reference. This easement will be replaced with a Descriptive Easement, 5.00 feet on either side of all facilities installed by GRANTEE, as will be shown on a certified surveyed sketch and legal description to be provided by GRANTOR within sixty (60) days after the installation of facilities by GRANTEE. If the certified sketch and legal description are not provided by GRANTOR within sixty (60) days after completion of installation, GRANTEE will record this easement. The rights herein granted to GRANTEE by GRANTOR specifically include: (a) the right for GRANTEE to patrol, inspect, alter, improve, repair, rebuild, relocate, and remove said facilities; further GRANTEE hereby agrees to restore the Easement Area to as near as practicable the condition which existed prior to such construction, repairs, alteration, replacement, relocation or removal as a result of GRANTEE’s safe and efficient installation, operation or maintenance of said facilities; (b) the reasonable right for GRANTEE to increase or decrease the voltage and to change the quantity and type of facilities; (c) the reasonable right for GRANTEE to clear the Easement Area of trees, limbs, undergrowth and other physical objects which, in the opinion of GRANTEE, endanger or interfere with the safe and efficient installation, operation or maintenance of said facilities; (d) the reasonable right for GRANTEE to request that GRANTOR trim or remove any trees or vegetation adjacent to, but outside the Easement Area which, in the reasonable opinion of GRANTEE, endangers or interferes with the safe and efficient installation, operation or maintenance of said facilities; (e) the reasonable right for GRANTEE to enter upon land of the GRANTOR adjacent to said Easement Area for the purpose of exercising the rights herein granted; and (f) all other rights and privileges reasonably necessary or convenient for GRANTEE’s safe and efficient installation, operation and maintenance of said facilities and for the enjoyment and use of said easement for the purposes described above. The rights and easement herein granted are non-exclusive as to entities not engaged in the provision of electric energy and service and GRANTOR reserves the right to grant rights to others affecting said easement area provided that such rights do not create an unsafe condition or unreasonably conflict with the rights granted to GRANTEE herein. GRANTOR hereby covenants and agrees that no buildings, structures or obstacles (except fences) shall be located, constructed, excavated or created within the Easement Area. If the fences are installed, they shall be placed so as to allow ready access to GRANTEE’s facilities and provide a working space of not less than ten (10) feet on the opening side, six (6) feet on the back for working space and three (3) feet on all other sides of any pad mounted transformer. If GRANTOR’s future orderly development of the premises is in physical conflict with GRANTEE’s facilities, GRANTEE shall, within 60 days after receipt of written request from GRANTOR, relocate said facilities to another mutually agreed upon Easement Area in GRANTOR’s premises, provided that (a) GRANTOR shall reimburse GRANTEE the full actual cost of the relocation, and (b) GRANTOR shall execute and deliver to GRANTEE, at no cost, an acceptable and recordable easement to cover the relocated facilities. Upon the completion of the relocation, the easement herein shall be considered cancelled as to the portion vacated by such relocation. If this easement is being granted to provide electric service to GRANTOR, then this legal description was provided by GRANTOR. In the event facilities are located outside of this legal description, GRANTOR shall pay for any relocation costs necessary or shall amend this legal description to cover the actual facilities. Should this easement be granted to provide electric service to a third party, GRANTEE shall provide the legal description and GRANTOR shall not have any liability related to errors in the legal description. GRANTOR covenants not to interfere with GRANTEE’s facilities within the Easement Area in GRANTOR’s premises, and GRANTOR further covenants to indemnify to the extent of Florida Statute 768.28 and hold GRANTEE harmless from damages and injuries, whether to persons or property, arising directly from the negligent act related to GRANTEE’s facilities by GRANTOR or by GRANTOR’ s agents or employees. Nothing contained herein, however, shall be construed to waive or modify the provisions of Florida Statute 768.28 or the doctrine of sovereign immunity as to any party hereto. In addition, nothing contained herein shall be construed as consent by the GRANTOR to be sued by third parties in any manner arising from this grant of easement, or as a waiver of sovereign immunity. GRANTEE agrees to indemnify and hold GRANTOR harmless for, from and against any and all losses, claims or damages incurred by GRANTOR arising directly from GRANTEE’s negligence or failure to exercise reasonable care in the construction, reconstruction, operation, use or maintenance of GRANTEE's facilities located on the above described easement. GRANTOR hereby warrants and covenants (a) that GRANTOR is the owner of the fee simple title to the premises in which the above described Easement Area is located, (b) that GRANTOR has full right and lawful authority to grant and convey this easement to GRANTEE, and (c) that GRANTEE shall have quiet and peaceful possession, use and enjoyment of this easement. All covenants, terms, provisions and conditions herein contained shall inure and extend to and be obligatory upon the heirs, successors, lessees and assigns of the respective parties hereto. IN WITNESS WHEREOF, the said GRANTOR has caused this easement to be signed in its corporate name by its proper officers thereunto duly authorized and its official corporate seal to be hereunto affixed and attested this _____ day of ___________________________, 2020. GRANTOR: Countersigned: CITY of CLEARWATER _________________________________ By: _______________________________ Frank Hibbard, Mayor William B. Horne, II, City Manager Approved as to form: Attest: ____________________________ ____________________________ Laura Mahony Rosemarie Call, City Clerk Assistant City Attorney STATE OF __________________________________ COUNTY OF ________________________________ The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization, this ______ day _____________, 2020, by Frank Hibbard and William B. Horne, II, the Mayor and City Manager, respectively, of the City of Clearwater, Florida, who executed the foregoing instrument and acknowledged the execution thereof to be their free act and deed for the use and purpose herein set forth, and who are personally known to me. Notary Seal _______________________________________ Notary Public _______________________________________ Name typed, printed or stamped My Commission Expires: __________________ Exhibit “A” (CREST LAKE PARK) UNPLATTED TRACT LYING N OF GULF TO BAY BLVD, E OF GLENWOOD AVE, S OF CLEVELAND ST & W OF LAKE AVE LESS R/W'S PER O.R. BK 965 PG 9 & BK 1131 PG 528 CONT 37.68AC(C) S LAKE DR CLEVELAND ST S HIGHLAND AVE S GLENWOOD AVE GULF-TO-BAY BLVD YELVINGTON AVEFRANKLIN ST HARVARD ST RAINBOW DR DARTMOUTH ST 7 9 0 2 5 5 16 16 20 10111421 102 300 419 501 323 204 116 201 105 314333 343 308 205206 215 115 331 210 318 305 120 300 205306 324330 106 404 337 400 301 105 311 332 408 301 400 315 309 115 405 201 312 317 114 110 320 325 315 101 100 214 149915191621155116161600151115551535161215751524161515501616161316171510161216101619162015041559155616011500153616131495156016081602150115661608154015281616162616201498161415151611152016201506AERIAL MAP ² N.T.S.Scale: Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com Crest Lake Park297 S Glenwood Ave.Parcel Number:14-29-15-00000-210-0100 Page 1 of 1Aerial Flown 2019 Date:3/9/2020288AGrid #:WDMap Gen By:14-29s-15eS-T-R: Document Path: C:\Users\Wioletta.Dabrowski\City of Clearwater\Engineering Geographic Technology - Location Maps\297 S Glenwood Ave.mxd RBReviewed By: 10' Wide Distribution Easement Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7632 Agenda Date: 4/16/2020 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.4 SUBJECT/RECOMMENDATION: Approve Supplemental Work Order 6 to Engineer of Record (EOR) Deuel and Associates, of Clearwater, Florida, in the amount of $4,800, for Druid Road/ Allen’s Creek Drainage Improvement Project (11-0044-EN) and authorize the appropriate officials to execute same. (consent) SUMMARY: In November 2012, the initial Work Order in the amount of $49,640 was issued to Deuel and Associates for design and permitting services of Druid Road Allen’s Creek Drainage Improvement Project. Since 2013, five subsequent work orders were approved by either the City Manager or Council, totaling $127,126.75 for additional services ranging from construction and engineering, to additional scope on Druid Rd. as well as on Hercules Avenue. Supplement Work Order 6 is for design related to the readjustment of the south curb line of Druid Road between Sevard Avenue and Allen Drive for a total work order value in the amount of $181,566.75. Construction is underway on this storm improvements project with completion estimated in fall of 2020. APPROPRIATION CODE AND AMOUNT: ENST180002-DSGN-PROSVC $4,800 Funding is available in Capital Improvement Project ENST180002, Allen’s Creek to fund the supplemental work order. Page 1 City of Clearwater Printed on 4/16/2020 DRUID RD S HERCULES AVE S ARCTURAS AVE OXFORD DR SEVARD AVE WOODLEY RD NORMANDY RD WELLINGTON DR CROYDON DR KENMOORE DR ALLEN DR CANTERBURY RD DRUID PARK DR WS DRUID CIR N DRUID CIR ROGERS ST DRUID PARK DR NTURNER ST BROOKSIDEDRCANTERBURY RD Proposed Work AreaRelated to SupplementalWork Order 6 ^ Document Path: C:\Users\Christopher.Melone\City of Clearwater\Engineering Geographic Technology - Documents\GIS\Engineering\Location Maps\Druid_Allens STM Imp_SWO6.mxd Entire ProjectLimit LOCATION MAP CRM PV298A & 298B 13-29s-15e 03/10/2020Map Gen By:Reviewed By:S-T-R:Grid #:Date: Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com Druid Road / Allen's Creek Stormwater Improvements11-0044-EN Page 1 of 1 ²N.T.S.Scale: Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7655 Agenda Date: 4/16/2020 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.5 SUBJECT/RECOMMENDATION: Approve an increase to Pinellas County in the amount of $55,548.15 for the Joint Project Agreement (JPA) between Pinellas County and the City of Clearwater for the Hercules Avenue Sidewalk Phase 2 project from Sherwood Street to Sunset Point Road (City Project Number 18-0002-UT) and authorize the appropriate officials to execute same. (consent) SUMMARY: Pinellas County intends to improve sidewalks on Hercules Avenue from Sherwood Street to Sunset Point Road. Construction is currently scheduled to begin June of 2020 with completion anticipated in June of 2021. Construction will require the relocation of city water and sanitary sewer lines in conflict with proposed improvements. September 20, 2018, City Council approved the initial JPA between Pinellas County and the City of Clearwater for utility relocations to accommodate the Hercules Avenue Sidewalk Phase 2 project from Sherwood Street to Sunset Point Road (18-0002-UT) in the amount of $520,317, based on a preliminary design estimate. Pinellas County received competitive bids for its sidewalk improvements project. The lowest bid is $55,548.15 above the original estimate for the city utility relocation portion but is in line with the proposed scope. The total cost is $575,865.15. Pinellas County intends to award to the low bidder, Kamminga & Roodvoets, Inc (K&R). City Engineer of Record, AECOM, has evaluated the City’s portion of the bid and recommends awarding the contract to K&R. APPROPRIATION CODE AND AMOUNT: 3277327-563800-96722 $55,548.15 Funds are available in Utility Renewal and Replacement Project 96722, Line Relocation Maintenance, to fund the JPA increase. Page 1 City of Clearwater Printed on 4/16/2020 -BOARD OF COUNTY COMMISSIONERS Dave Eggers Pat Gerard Charlie Justice Janet C. Long Kathleen Peters Karen Williams Seel Kenneth T. Welch March 17, 2020 Mr. Duy Nguyen City of Clearwater 100 S. Myrtle Avenue #220 Clearwater, Florida 33756-5520 RE: Option for Hercules Avenue Sidewalk Phase II from Sherwood Street to Sunset Point Road (LAP), County PID No. 002686A, County Bid No. 189-0385-CP Dear Mr. Nguyen: Please consider this letter as official notification that the County intends to award the subject project to Kamminga & Roodvoets, Inc. Per the terms of the Joint Project Agreement (JP A), the City has fifteen (15) days from receipt of the notification to inform the County of the City's decision to accept the option for Kamminga & Roodvoets, Inc.. Contractors, Inc. as detailed in the bid tabulation, or notify the County if the City intends to perfonn the Utility Work for this project with its own forces or own contractor. Should the City to elect the option to utilize the County contractor to perform the City's utility work, the City must deposit $575,865.15 ($548,443.00 x 5%, or $27,422.15) within thirty (30) days of this notification. Payment must include the project name and County PID No. 002686A. Payment should be sent via U.S. Mail to the address below, or via electronic funds transfer: Finance Division Accounts Payable Board of County Commissioners Pinellas County P.O. Box 2438 Clearwater, Florida 33757 Pinellas County Public Works 14 S. Fort Harrison Ave., 4•h Floor Clearwater, FL 33756 Main Office: (727) 464·8900 V/TDD: (727) 464-4062 www.pinellascounty.org Pay Item No. Description Quantity Unit UnitPrice Amount UnitPrice Amount 005-0700 SURVEY, Construction Layout 1.00 LS 28,000.00 28,000.00$ 44,000.00 44,000.00$ 005-0850 SURVEY, Permitting As-built Requirements 1.00 LS 9,000.00 9,000.00$ 12,000.00 12,000.00$ 101-0100 MOBILIZATION 1.00 LS 188,000.00 188,000.00$ 148,000.00 148,000.00$ 102-1000 MAINTENANCE OF TRAFFIC 1.00 LS 35,000.00 35,000.00$ 300,000.00 300,000.00$ 102-1076 ADVANCED ARROW WARNING PANEL 730.00 DAY 4.50 3,285.00$ 6.00 4,380.00$ 102-1099 SIGN, VARIABLE MESSAGE (3 Lines) (Temporary)758.00 DAY 10.00 7,580.00$ 14.00 10,612.00$ 102-1100 OFF DUTY LAW ENFORCEMENT OFFICER 8.00 HR 65.00 520.00$ 100.00 800.00$ 102-1250 COMMERCIAL MATERIALS FOR DRIVEWAY MAINTENANCE 250.00 CY 100.00 25,000.00$ 85.00 21,250.00$ 104-16 TURBIDITY BARRIER, Floating 120.00 LF 20.00 2,400.00$ 20.00 2,400.00$ 104-2 ARTIFICIAL COVERINGS/Rolled Erosion Control Products 91.00 SY 19.00 1,729.00$ 7.00 637.00$ 104-20 SOIL TRACKING PREVENTION DEVICE 2.00 EA 2,500.00 5,000.00$ 2,500.00 5,000.00$ 104-6 SEDIMENT BARRIERS 2,340.00 LF 3.00 7,020.00$ 2.00 4,680.00$ 104-7 INLET PROTECTION SYSTEMS 21.00 EA 190.00 3,990.00$ 130.00 2,730.00$ 104-9 CHEMICAL TREATMENT (Floc logs, drums of product)91.00 EA 200.00 18,200.00$ 200.00 18,200.00$ 110-0100 CLEARING & GRUBBING 1.00 LS 275,000.00 275,000.00$ 250,000.00 250,000.00$ 120-1100 GRADING 1.00 LS 225,000.00 225,000.00$ 175,000.00 175,000.00$ 204-1000 ROADWAY BASE, Crushed Concrete/Graded Aggregate, Min. LBR 100, Variable Thickness 296.00 CY 229.00 67,784.00$ 100.00 29,600.00$ 234-1250-400 SUPERPAVE ASPHALT BASE, Type B 12.5, 4" Min. Thickness 883.00 SY 25.00 22,075.00$ 50.00 44,150.00$ 334-3125-300 SUPERPAVE ASPHALT CONCRETE, Type SP 12.5, Fine, Traffic Level C, 3" Min. Thickness 145.80 TN 123.00 17,933.40$ 200.00 29,160.00$ 339-1 ASPHALT, MISCELLANEOUS 1.70 TN 504.00 856.80$ 440.00 748.00$ 334-3125-000 SUPERPAVE ASPHALT CONCRETE, Type SP 12.5, Fine, Traffic Level C, Variable Thickness 130.10 TN 120.00 15,612.00$ 260.00 33,826.00$ 350-0206 PAVEMENT, Cement Concrete, 6" Min Thickness (Driveways)1,410.54 SY 86.00 121,306.44$ 65.00 91,685.10$ 380-2200 MILLING EXISTING ASPHALT PAVEMENT, 2" Average Depth 657.00 SY 4.00 2,628.00$ 12.00 7,884.00$ 380-2300 MILLING EXISTING ASPHALT PAVEMENT, 3" Average Depth 351.00 SY 6.00 2,106.00$ 12.00 4,212.00$ 425-343-0000 INLET, Ditch Bottom, FDOT Type E, J Bottom, < 10'6.00 EA 6,000.00 36,000.00$ 6,450.00 38,700.00$ 425-343-0010 INLET, Ditch Bottom, FDOT Type E, <10'1.00 EA 4,800.00 4,800.00$ 7,200.00 7,200.00$ 425-351-0000 INLET, Ditch Bottom, FDOT Type F, < 10'3.00 EA 4,100.00 12,300.00$ 4,100.00 12,300.00$ 425-353-0002 INLET, Ditch Bottom, FDOT Type F, J Bottom, < 10'2.00 EA 7,000.00 14,000.00$ 7,200.00 14,400.00$ 425-361-0000 INLET, Ditch Bottom, FDOT Type G, < 10'2.00 EA 7,500.00 15,000.00$ 8,300.00 16,600.00$ 425-531-0000 INLET, Gutter, FDOT Type V, < 10'2.00 EA 4,800.00 9,600.00$ 4,700.00 9,400.00$ 425-601-4001 MANHOLE, FDOT Type P-7, 4' Diameter < 10'7.00 EA 4,500.00 31,500.00$ 3,400.00 23,800.00$ 425-605-0000 MANHOLE, FDOT Type P-7, Partial <10'1.00 EA 4,000.00 4,000.00$ 3,000.00 3,000.00$ 425-621-6040 MANHOLE, FDOT Type J-7, 6' x 4', < 10'4.00 EA 6,000.00 24,000.00$ 7,200.00 28,800.00$ 430-121-0015 PIPE CULVERT, CONCRETE, Round, 15" ID 124.00 LF 112.00 13,888.00$ 90.00 11,160.00$ 430-121-0018 PIPE CULVERT, CONCRETE, Round, 18" ID 218.00 LF 116.00 25,288.00$ 95.00 20,710.00$ 430-121-0024 PIPE CULVERT, CONCRETE, Round, 24" ID 227.00 LF 125.00 28,375.00$ 140.00 31,780.00$ 430-121-0030 PIPE CULVERT, CONCRETE, Round, 30" ID 102.00 LF 155.00 15,810.00$ 270.00 27,540.00$ 430-121-0048 PIPE CULVERT, CONCRETE, Round, 48" ID 1,376.00 LF 211.00 290,336.00$ 278.00 382,528.00$ 430-122-2945 PIPE CULVERT, CONCRETE, Elliptical, 29" x 45" ID 6.00 LF 300.00 1,800.00$ 272.00 1,632.00$ 430-201-0800 PIPE CULVERT, POLYVINYL CHLORIDE (PVC), Round, 8" ID 39.00 LF 80.00 3,120.00$ 70.00 2,730.00$ 430-420-0030 END SECTION, MITERED, Cross Drain, 30" RCP 1.00 EA 3,000.00 3,000.00$ 3,200.00 3,200.00$ 430-450-0024 END SECTION, MITERED, Side Drain, 24" RCP 3.00 EA 3,200.00 9,600.00$ 1,800.00 5,400.00$ 515-8801 HANDRAIL, Steel Pipe, Galvanized, FDOT Index 880, Pedestrian Height 62.00 LF 68.00 4,216.00$ 70.00 4,340.00$ 520-1000-0700 CURB & GUTTER, Concrete, FDOT Type E 91.00 LF 67.00 6,097.00$ 26.00 2,366.00$ 520-1000-1000 CURB & GUTTER, Concrete, FDOT Type F 152.00 LF 65.00 9,880.00$ 26.00 3,952.00$ 520-2000-4000 CURB & GUTTER, Concrete, FDOT Type D 93.00 LF 63.00 5,859.00$ 26.00 2,418.00$ 520-3000-1000 VALLEY GUTTER, Concrete, FDOT 135.00 LF 66.00 8,910.00$ 40.00 5,400.00$ 520-3700 BARRIER WALL, CONCRETE, (Rigid C & G), FDOT Index No. 410 79.00 LF 343.00 27,097.00$ 260.00 20,540.00$ 522-0006 SIDEWALK, CONCRETE, 6" Min. Thickness 1,312.00 SY 76.00 99,712.00$ 65.00 85,280.00$ 522-3006 SIDEWALK AT TREES, CONCRETE, 6" Min Thickness with Reinforcing Steel 64.00 SY 83.00 5,312.00$ 100.00 6,400.00$ 522-6010 SIDEWALK, CONCRETE, 6" Min. Thickness, with Footer, Monolithic 26.00 SY 84.00 2,184.00$ 80.00 2,080.00$ 522-7000 SIDEWALK TEXTURIZING, Tactile Surface on Sidewalk Ramps 116.00 SF 26.00 3,016.00$ 25.00 2,900.00$ 524-4003 DITCH PAVEMENT, Concrete, 3" Thick 135.00 SY 98.00 13,230.00$ 70.00 9,450.00$ 530-1000 RIPRAP, Sand-Cement 1.20 CY 3,300.00 3,960.00$ 3,000.00 3,600.00$ 536-73 GUARDRAIL, REMOVAL 135.00 LF 7.00 945.00$ 6.00 810.00$ 575-0103 SODDING, Bahia 7,327.00 SY 9.00 65,943.00$ 3.50 25,644.50$ 575-0112 SODDING, St. Augustine 1,832.00 SY 10.00 18,320.00$ 5.00 9,160.00$ 800-9003 TREE BARRICADES 250.00 LF 9.00 2,250.00$ 6.50 1,625.00$ 1,904,373.64$ 2,067,799.60$ 101-3001 LITTER REMOVAL 1.00 LS 3,000.00 3,000.00$ 2,000.00 2,000.00$ 575-0106 SOD (Mowing)1.00 LS 4,000.00 4,000.00$ 2,500.00 2,500.00$ 999-0000 UNSPECIFIED WORK 64,095.00 EA 1.00 64,095.00$ 1.00 64,095.00$ 71,095.00$ 68,595.00$ 400-2-10 CONCRETE CLASS II, Approach Slabs 0.80 CY 2,210.00 1,768.00$ 14,000.00 11,200.00$ 400-4-1 CONCRETE CLASS IV, Culverts 26.20 CY 2,532.00 66,338.40$ 3,150.00 82,530.00$ 400-4-5 CONCRETE CLASS IV, Bridge Substructure 5.60 CY 2,435.00 13,636.00$ 3,200.00 17,920.00$ 415-1-5 REINFORCING STEEL, Bridge Substructure 764.00 LB 2.00 1,528.00$ 2.00 1,528.00$ 415-1-6 REINFORCING STEEL, Miscellaneous 4,692.00 LB 2.00 9,384.00$ 2.00 9,384.00$ 415-1-8 REINFORCING STEEL, Approach Slab 168.00 LB 2.00 336.00$ 2.00 336.00$ 450-2 SLAB UNIT, PRE-STRESSED 42.00 LF 470.00 19,740.00$ 1,450.00 60,900.00$ 455-144-20 TEST PILES-STEEL, 18" Dia. Pipe 78.00 LF 365.00 28,470.00$ 850.00 66,300.00$ 455-7-18 STEEL PILING, 18"Dia. Pipe 61.00 LF 360.00 21,960.00$ 670.00 40,870.00$ David Nelson Sonstruction Co. Sidewalk Hercules Avenue Phase II from Sherwood Street to Sunset Point Road PID NO. 002686A BID NO. 189-0385-CP (PLU) - Addendum No. 4 Roadway/Drainage (Participating) Kamminga & Roodvoets, Inc. Roadway/Drainage (Non-Participating) Structures (Participating) 458-1-11 BRIDGE DECK EXPANSION JOINT, Poured Joint w/Backer Rod 13.00 LF 100.00 1,300.00$ 90.00 1,170.00$ 460-2-1 STRUCTURAL STEEL, (Carbon)510.00 LB 10.00 5,100.00$ 5.50 2,805.00$ 515-8612 PEDESTRIAN / BICYCLE Railing Aluminum only, 42" Type 1 127.00 LF 62.00 7,874.00$ 100.00 12,700.00$ 520-3700 SHOULDER CONCRETE BARRIER, (Rigid Shoulder)14.00 LF 640.00 8,960.00$ 250.00 3,500.00$ 186,394.40$ 311,143.00$ 630-2-11 CONDUIT, F & I, OPEN TRENCH 115.00 LF 15.00 1,725.00$ 16.00 1,840.00$ 630-2-12 CONDUIT, F & I, DIRECTIONAL BORE 115.00 LF 32.00 3,680.00$ 35.00 4,025.00$ 632-7-1 SIGNAL CABLE, F & I 1.00 PI 4,500.00 4,500.00$ 5,000.00 5,000.00$ 635-2-11 PULL & SPLICE BOX, F & I, 13" X 24", F&I 9.00 EA 700.00 6,300.00$ 750.00 6,750.00$ 646-1-11 SIGNAL HEAD AUXILIARIES, F & I, ALUMINUM PEDESTAL Aluminum Signal Pole, Pedestal 4.00 EA 1,500.00 6,000.00$ 1,600.00 6,400.00$ 653-191 PEDESTRIAN SIGNAL, F&I, LED, COUNT DOWN, 1 DIRECTION 4.00 AS 725.00 2,900.00$ 800.00 3,200.00$ 665-13 PEDESTRIAN DETECTOR, F&I, Standard 4.00 EA 145.00 580.00$ 175.00 700.00$ 670-5-134 TRAFFIC CONTROL ASSEMBLY, Modified 1.00 AS 2,500.00 2,500.00$ 2,600.00 2,600.00$ 28,185.00$ 30,515.00$ 700-20-40 SIGN, SINGLE POST, RELOCATE 6.00 AS 250.00 1,500.00$ 80.00 480.00$ 706-3 PAVEMENT MARKERS, RETRO-REFLECTIVE 4.00 EA 10.00 40.00$ 8.00 32.00$ 710-11-111 PAINTED PAVEMENT MARKING, STD, WHITE, SOLID, 6"0.01 NM 5,000.00 50.00$ 13,000.00 130.00$ 710-11-123 PAINTED PAVEMENT MARKING, STD, WHITE, SOLID, 12"169.00 LF 4.00 676.00$ 5.00 845.00$ 710-11-125 PAINTED PAVEMENT MARKING, STD, WHITE, SOLID, 24"190.00 LF 5.00 950.00$ 10.00 1,900.00$ 710-11-211 PAINTED PAVEMENT MARKING, STD, YELLOW, SOLID, 6"0.01 NM 5,000.00 50.00$ 13,000.00 130.00$ 710-17 PAINTED PAVEMENT MARKING, REMOVE 140.00 SF 4.00 560.00$ 25.00 3,500.00$ 3,826.00$ 7,017.00$ CLW-005-0700-W Survey and Layout 1.00 LS 750.00 750.00$ 3,500.00 3,500.00$ CLW-005-0900-W Survey As-Built 1.00 LS 1,400.00 1,400.00$ 1,300.00 1,300.00$ CLW-101-0100-W Mobilization/Demobilization 1.00 LS 12,000.00 12,000.00$ 35,000.00 35,000.00$ CLW-102-0100-W Maintenance of Traffic 1.00 LS 5,000.00 5,000.00$ 9,000.00 9,000.00$ CLW-204-1000-W Roadway Base, Crushed Concrete/Graded Aggregate, Min. LBR 100, Variable Thickness 110.00 CY 229.00 25,190.00$ 93.00 10,230.00$ CLW-334-3125-000-W Superpave Asphaltic Concrete, Type SP12.5, Fine, Traffic C 89.00 TN 152.00 13,528.00$ 245.00 21,805.00$ CLW-380-2200-W Milling Existing Asphalt Pavement, 2" Average Depth 115.00 SY 6.00 690.00$ 11.00 1,265.00$ CLW-380-2300-W Milling Existing Asphalt Pavement, 3" Average Depth 445.00 SY 8.00 3,560.00$ 11.00 4,895.00$ CLW-1-W Clearing and Grubbing 1.00 LS 17,000.00 17,000.00$ 2,500.00 2,500.00$ CLW-2-W F&I 12” DI WM by Open Cut 380.00 LF 122.00 46,360.00$ 140.00 53,200.00$ CLW-3-W F&I 8” DI WM by Open Cut 120.00 LF 123.00 14,760.00$ 105.00 12,600.00$ CLW-4-W F&I 12” DI WM via Aerial Crossing 1.00 LS 10,000.00 10,000.00$ 17,000.00 17,000.00$ CLW-5-W Remove & Dispose of Existing 12" DI WM Pipe 360.00 LF 10.00 3,600.00$ 25.00 9,000.00$ CLW-6-W Remove & Dispose of Existing 8" DI WM Pipe 110.00 LF 10.00 1,100.00$ 23.00 2,530.00$ CLW-7-W Remove & Salvage Existing Fire Hydrant 1.00 EA 300.00 300.00$ 1,700.00 1,700.00$ CLW-8-W F&I 12" Gate Valve & Valve Box 4.00 EA 2,500.00 10,000.00$ 4,200.00 16,800.00$ CLW-9-W F&I 8" Gate Valve & Valve Box 2.00 EA 1,750.00 3,500.00$ 3,200.00 6,400.00$ CLW-10-W F&I Fire Hydrant Assembly 1.00 LS 6,000.00 6,000.00$ 9,100.00 9,100.00$ CLW-11-W F&I 12" Thrust Restraint for New Fittings & Valves to DI Pipe 50.00 EA 110.00 5,500.00$ 215.00 10,750.00$ CLW-12-W F&I 8” Thrust Restraint for New Fittings & Valves to DI Pipe 30.00 EA 69.00 2,070.00$ 140.00 4,200.00$ CLW-13-W F&I 12" Thrust Restraint for Existing DI Pipe 36.00 EA 500.00 18,000.00$ 1,250.00 45,000.00$ CLW-14-W F&I 8” Thrust Restraint for Existing DI Pipe 30.00 EA 500.00 15,000.00$ 880.00 26,400.00$ CLW-15-W F&I Compact DI Fittings 3,300.00 LB 5.00 16,500.00$ 4.00 13,200.00$ CLW-16-W F&I 12" Temporary Line Stop 6.00 EA 4,500.00 27,000.00$ 9,850.00 59,100.00$ CLW-17-W F&I 8" Temporary Line Stop 3.00 EA 4,000.00 12,000.00$ 6,300.00 18,900.00$ CLW-18-W F&I Wet Tap on Existing 12" DI WM 1.00 EA 5,000.00 5,000.00$ 9,700.00 9,700.00$ CLW-19-W Reconnect Existing 2” Potable Water Service 3.00 EA 1,500.00 4,500.00$ 2,000.00 6,000.00$ CLW-20-W Reconnect Existing 1” Potable Water Service 2.00 EA 1,000.00 2,000.00$ 1,050.00 2,100.00$ CLW-21-W Root Pruning 100.00 LF 5.00 500.00$ 18.00 1,800.00$ CLW-999-0000-W Unspecified Work 38,000.00 EA 1.00 38,000.00$ 1.00 38,000.00$ 320,808.00$ 452,975.00$ CLW-005-0700-S Survey and Layout 1.00 LS 1,000.00 1,000.00$ 3,000.00 3,000.00$ CLW-005-0900-S Survey As-Built 1.00 LS 1,200.00 1,200.00$ 1,200.00 1,200.00$ CLW-101-0100-S Mobilization/Demobilization 1.00 LS 8,500.00 8,500.00$ 31,000.00 31,000.00$ CLW-102-0100-S Maintenance of Traffic 1.00 LS 3,000.00 3,000.00$ 11,000.00 11,000.00$ CLW-204-1000-S Roadway Base, Crushed Concrete/Graded Aggregate, Min. LBR 100, Variable Thickness 57.00 CY 229.00 13,053.00$ 93.00 5,301.00$ CLW-334-3125-000-S Superpave Asphaltic Concrete, Type SP12.5, Fine, Traffic C 41.00 TN 152.00 6,232.00$ 245.00 10,045.00$ CLW-380-2200-S Milling Existing Asphalt Pavement, 2" Average Depth 160.00 SY 6.00 960.00$ 11.00 1,760.00$ CLW-380-2300-S Milling Existing Asphalt Pavement, 3" Average Depth 135.00 SY 8.00 1,080.00$ 11.00 1,485.00$ CLW-1-S Clearing and Grubbing 1.00 LS 12,000.00 12,000.00$ 3,000.00 3,000.00$ CLW-2-S F&I 8" PVC Gravity Sewer Pipe by Open Cut 340.00 LF 224.00 76,160.00$ 105.00 35,700.00$ CLW-3-S F&I 8" DI Gravity Sewer Pipe by Open Cut 60.00 LF 240.00 14,400.00$ 180.00 10,800.00$ CLW-4-S F&I CIP Liner for 8-inch Gravity Sewer Pipe 70.00 LF 165.00 11,550.00$ 420.00 29,400.00$ CLW-5-S F&I Sanitary Sewer Manhole & Cover 3.00 EA 11,000.00 33,000.00$ 8,600.00 25,800.00$ CLW-6-S Remove & Dispose of Existing 8" Gravity Sewer Pipe 420.00 LF 20.00 8,400.00$ 42.00 17,640.00$ CLW-7-S Remove & Dispose of Existing Manhole 4.00 EA 900.00 3,600.00$ 1,400.00 5,600.00$ CLW-8-S Root Pruning 100.00 LF 5.00 500.00$ 18.00 1,800.00$ CLW-9-S Demolition and Rebuilding of a Section of Concrete Block Wall 1.00 LS 6,000.00 6,000.00$ 3,000.00 3,000.00$ CLW-999-0000-S Unspecified Work 27,000.00 EA 1.00 27,000.00$ 1.00 27,000.00$ 227,635.00$ 224,531.00$ 2,742,317.04$ 3,162,575.60$ TOTAL BID Signalization (Participating) Signing & Pavement Marking (Participating) City of Clearwater Water (Non-Participating) City of Clearwater Sewer (Non-Participating) PROJECTLOCATION N HERCULES AVE SUNSET POINT RD RANGE RD CALUMET ST SUNNYDALE BLVD LOGAN ST CARROLL ST SUNSHINE DR SHERWOOD ST SUN TREE DR GENTRY ST N ARCTURAS AVE KAPP DR SUNSET GROVE LN GREENLEA DR HASTINGS DR B A R RINGTON DR N BRAXTON BRAGG LN RANGE AVE BARRINGTONDRWEAST C T HARTFORD WA YSETON CT CALUMET ST LOCATION MAP ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com CRM DN N.T.S.262A 01-29s-15e08/07/2018Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: HERCULES AVE FROM SHERWOOD STTO SUNSET POINT RD UTILITY RELOCATION JPA(Contract #18-0002-UT) Path: V:\GIS\Engineering\Location Maps\Hercules Sidewalk LAP Improv.mxd JOINT PROJECT AGREEMENT UTILITY INSTALLATION BY ROADWAY CONTRACTOR PROJECT NAME: Hercules A venue Sidewalk Phase 2 PROJECT LIMITS: Sherwood Street to Sunset Point Road COUNTY PROJECT IDENTIFICATION NO.: 002686A CITY PROJECT IDENTIFICATION NO: 18-0002-UT THIS JOINT PROJECT AGREEMENT (Agreement) made and entered into on the'£.?~ day of@°'a,}~2018, by and between Pinellas County, a political subdivision of the State of Florida, hereinafter called the "County", and the City of Clearwater, Florida, a municipal corporation of the State of Florida, hereinafter called the "City" (collectively, Parties). WITNESSETH, That: WHEREAS, the County intends to construct drainage improvements on Hercules A venue (County Project ID No. 002686A 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-City Project ID No. 18-0002-UT); 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 (City Project ID No. 18-0002-UT) within the limits of the Project is more specifically described as the replacement, relocation or adjustment of approximately 260 linear feet of twelve inch (12") water main, approximately 60 linear feet of eight inch (8") water main, and approximately 400 linear feet of eight inch (8") gravity sanitary sewer pipe and associated manholes that are in conflict with the proposed intersection construction improvements as part of County PID No. 002686A, located on Hercules Avenue from Sherwood Street to Sunset Point Road. 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,e:xclw;lii:ig tbe Utility W9rk 9ptieR. The City will have fifteen (15) days oJliid--. 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 Four Hundred and Ninety Five Thousand Five Hundred and Forty and 00/100 Dollars ($495,540), plus 5% for County construction/contract administration/compaction and backfill testing costs of Twenty Four Thousand Seven Hundred Seventy Seven and 00/100 Dollars ($24,777), for a total cost of Five Hundred and Twenty Thousand Three Hundred and Seventeen and 00/100 Dollars ($520,317), 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. 0. 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 December 31, 2018, 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. 3.3 The City will obtain all necessary Florida Department of Transportation or other jurisdiction permits required for construction of the Utility Work. A copy of all permits required for said Utility Work will be provided to the County no later than December 31, 2018. 3.4 The County will issue a "Utilization Permit" to the City following execution of this Agreement by both Parties and prior to award of the County's construction contract to successful contractor. This permit will not be subject to any required fees. 3.5 All surveys for construction of the Utility Work will be furnished by the successful contractor, or County Survey staff, as determined by the County per individual project, and in accordance with the plans and specifications provided by the City. 3.6 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. 7 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. 3.8 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)-562-4591 a minimum of 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. 3.9 The City will participate in the design, utility coordination, pre-construction and other meetings as necessary for Project coordination. 3.10 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. 3.11 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. 3.12 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. 3.13 The County will forward any accounting records, if requested, to the following City representative: City's Project Manager City of Clearwater 100 S. Myrtle Avenue Clearwater, Florida 33756 3.14 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 three hundred sixty (360) 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. 3.15 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. 3.16 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 Lan-Anh Nguyen or their designee ("City's Project Manager"), whose current telephone number is (727)-562-4737, email address is Lan-Anh.Nguyen@MyClearwater.com and whose office address is 100 S. Myrtle Avenue, FL 33756. 4.2 The Project Manager for Pinellas County shall be Deborah Terry or their designee ("County's Project Manager"), whose telephone number is (727)-464-3744, email address is dterry@pinellascouty.org and whose 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: ---~-~_f_tl_"J_C,r_t~-~~5 __ Mayor City Manager ATTEST: Approved as to form: By: _____ cJ---1-~G /t_k_ Owen Kohler City Attorney OFFICIAL CITY SEAL PINELLAS COUNTY, FLORIDA by and through its Board of County Commissioners By: ~t.-h...vJLvd,::,'.~ Kenneth T. Welch -=.:· \..,,gS.".l,Vr:-,? 1111,,·1 •. -· c-. \ • • • • .J' I Chairman -:-:-... _v. • • • • • • • • • t-' • " • • (>. ,, ;: ~ .·. ...,J, . . . ·:(, ', •' /..._ • • ' Q I ;:-...· ~:ao .. _.l~ ;: ;_; : •. ·. . : U-~ /('), ·1,... l • '/ ,-: c.:> • I .. )_j.t_ t • :.-.,... '1 • t. I ·· • ..._ , I • ··~ .~ .. , I \' ' , ' • ')' : ', 0 . . \., : ,; : Ken Burke, Clerk11pf ctl"ie .. Ci cuit .. · ·.,.. v .: . . ' ,, 0 .I . • . • • • • • . ~., -- .. ,, . Up r"·.-:\...\.... --1,, 1 41 'Ii•~ --- \\\\\\\''-'-''..__ ...... ;,. "I','"' . APPROVED AS TO FOAM OFPIOE OF COUNTY ATf'ORNEY By 9n 'fA' 0 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7696 Agenda Date: 4/16/2020 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.6 SUBJECT/RECOMMENDATION: Approve the First Amendment (Amendment) to that certain Contract for Exchange of Real Property (Contract) between the City of Clearwater (City) and Creative Contractors, Inc. (Creative) and authorize the appropriate officials to execute same. (consent) SUMMARY: The City and Creative entered into a certain Contract for Exchange of Real property on January 21, 2020 (Effective Date) for the exchange between the parties of city-owned property more particularly described as Pinellas County Real Property numbers 17-29-16-00000-130-0900, and 17-29-16-34650-000-0340 and Creative’s property identified by Pinellas County Real Property numbers 09-29-15-44352-006-0030. 09-29-15-44352-006-0050 and 09-29-15-44352-006-0070. The Contract provides an opportunity for the parties to conduct inspections, tests, environmental and other investigations of the property each is acquiring, as deemed necessary by each party, to determine suitability for its intended use within 90-days of the effective date of the Contract. The Contract provides for a closing date on or before October 1, 2020. The Planning processes and due diligence by the parties have been disrupted by the COVID 19 virus and therefore, Creative Contractors, Inc is requesting an extension of the inspection period to August 22, 2020 and the closing date to December 30, 2020. In addition, the City Planning Department is requiring a 12.5-ft. right-of-way easement to satisfy city planning and zoning requirements, provide right-of-way access for surrounding properties, and provide Creative Contractors Inc. with a loop for solid waste and fire access between David and Elizabeth Ave instead of using T-turnarounds. This new provision for the City to reserve a 12.5-ft. easement is provided for in the Amendment. The remainder of the Contract provisions as written shall remain intact. APPROPRIATION CODE AND AMOUNT: N/A Page 1 City of Clearwater Printed on 4/16/2020 Gulf to Bay Gardens Plat Book 50, Page 60 ELIZABETH AVENUE(Right-of-Way Varies)POINT OF COMMENCEMENT NE corner of Gulf to Bay Gardens POINT OF BEGINNING S 89° 57' 24" E 100.00'S 89° 57' 24" E 200.00'S 00° 20' 15" E 300.00'N 00° 20' 15" W 300.00'N 89° 57' 24" W 100.00' A 12.5' Right-of-Way Easement described as follows: The East 12.5' of the following described tract: Commence at the NE corner of Gulf to Bay Gardens as recorded in Plat Book 50, Page 60, Public Records of Pinellas County Florida; run thence S 89° 57' 24" E, a distance of 200.00' to the Point of Beginning; thence S 89° 57' 24" E, a distance of 100.00'; thence S 00° 20' 15" E, a distance of 300.00'; thence N 89° 57' 24" W, a distance of 100.00'; thence N 00° 20' 15" W, a distance of 300.00' to the Point of Beginning. Legal Description CITY OF CLEARWATER ENGINEERING DEPARTMENT DRAWN BY CHECKED BY DATE DRAWN SEC-TWNSP-RNG DWG. NO.SHEET OFExhibit D5 Reserve 12.5' Right-of-Way Easement Jim Benwell Tom Mahony 04/01/2020 Lgl_2019-19 1 1 17 29 S 16 E Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7675 Agenda Date: 4/16/2020 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 7.7 SUBJECT/RECOMMENDATION: Approve purchase orders to ONeils Tree Service, Tip Top Trees Experts LLC, and Blades of Green for palm pruning and maintenance services, in a total annual combined amount not-to-exceed $205,000, for contract term April 1, 2020 through March 31, 2021, with two, one-year renewal term options at the City’s discretion and authorize the appropriate officials to execute same. (consent) SUMMARY: On January 17, 2020, the Procurement Division issued Invitation to Bid #19-20, Palm Pruning and Maintenance Services, and five vendors responded. The bid was for the palm pruning and maintenance of various species of palms at three servicing areas: Service Area A - Clearwater Beach; Service Area B - Memorial Causeway and Downtown Clearwater; and Service Area C - Athletic Sports Fields and Clearwater City Limits, East of Highland Ave. Due to the nature of the work, the amount of various species of palms, and the location and times of year palms are pruned, it was determined that it would be in the best interest of the City to award the servicing areas to multiple vendors. Depending on the location and time of year, palms are pruned at a minimum of once per year at these high visibility areas but can be pruned as much as twice per year. It should be noted that not all palms in the city are trimmed as it is unhealthy for the native palms. Both the Procurement Division and the Parks & Recreation Department recommend awarding servicing areas as follows: Staff would like the flexibility, in the event a selected vendor is under performing, to use one of the other awarded vendors for that servicing area. Servicing Area Vendor A: Clearwater Beach ONeils Tree Service B: Memorial Causeway and Downtown Tip Top Tree Experts C: Athletic Sports Fields and Clearwater, Blades of Green East of Highland Council’s authorization for a total annual amount of $205,000 will cover the cost for the servicing areas as well as any supplemental work needed, Consumer Price Index (CPI) increases and any other contractual management requirements. APPROPRIATION CODE AND AMOUNT: Funds for the current year portion of this contract are available in the Urban Forestry Team Page 1 City of Clearwater Printed on 4/16/2020 File Number: ID#20-7675 operating budget cost code 0101874-530300, contractual services. Future year amounts will be requested as part of the annual budget process. USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 4/16/2020 CITY OF CLEARWATER ITB # 19-20, PALM PRUNING AND MAINTENANCE SERVICES DUE DATE: February 18, 2020; 2:00 PM BID TABULATION SUMMARY SERVICE AREA A: CLEARWATER BEACH VENDOR TOTAL BID Blades of Green 24,415.00$ Evergreen Tree Service 95,160.00$ Oneils Tree Service 64,020.00$ Tip Top Tree Experts 25,950.00$ SERVICE AREA B: MEMORIAL CAUSEWAY AND DOWNTOWN CLEARWATER VENDOR TOTAL BID Blades of Green 35,400.00$ Evergreen Tree Service 169,365.00$ Oneils Tree Service 119,390.00$ Tip Top Tree Experts 43,490.00$ SERVICE AREA C: ATHLETIC SPORTS FIELDS AND CLEARWATER, EAST OF HIGHLAND AVE. VENDOR TOTAL BID Blades of Green 27,970.00$ Evergreen Tree Service 98,130.00$ Oneils Tree Service 67,670.00$ Tip Top Tree Experts 33,995.00$ Tucker Enterprise Services 29,320.00$ Vendor Emergency Rate Per Hour Minimum Call-Out Fee Blades of Green 120.00$ 400.00$ Evergreen Tree Service 450.00$ 500.00$ Oneils Tree Service 450.00$ 800.00$ Tip Top Tree Experts 450.00$ 1,000.00$ Tucker Enterprise Services 250.00$ 1,000.00$ Items with a star ( ) indicates intent to award. - March 12, 2020 NOTICE OF INTENT TO AWARD The Parks and Recreation department and Procurement recommend award of ITB #19-20, Palm Pruning and Maintenance Services, in accordance with the bid specifications, to the following vendors for an annual not-to-exceed amount of $250,000 for the period of April 1, 2020 through March 31, 2021, with the option for two (2) one (1) year term extensions. Due to the nature of the work, the amount of various species of palms, and the location and times of year palms are pruned, it was determined that it would be in the best interest of the City to award the servicing areas to multiple vendors. Service Area A: Clearwater Beach ONeils Tree Service Service Area B: Memorial Causeway and Tip Top Tree Experts Downtown Service Area C: Athletic Sports Fields and Blades of Green Clearwater, East of Highland This Award recommendation will be considered by the City Council at the April 13, 2020 Work Session (9:00 a.m.) and voted on at the April 16, 2020 Council Meeting (6:00 p.m.). These meetings are held at Clearwater Main Library, at 100 N. Osceola Ave., Clearwater, FL 33755. Inquiries regarding this Intent to Award can be directed to the City’s Procurement Analyst at (727) 562-4635, or mailed to City of Clearwater, Attn: Procurement Division, 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#20-7599 Agenda Date: 4/16/2020 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Public Utilities Agenda Number: 7.8 SUBJECT/RECOMMENDATION: Authorize a sole source award to Water Specialists Technologies, LLC of Sanford, FL for Copper Precipitant, TR-50, in the annual amount not to exceed $100,000.00 for the initial contract period from May 1, 2020 through April 30, 2021, with the option for two, one-year term extensions pursuant to City Code Section 2.564(1)(b), and authorize the appropriate officials to execute same. (consent) SUMMARY: The City of Clearwater owns and operates three Water Reclamation Facilities (WRF) and must comply with regulatory requirements as set forth in the operating permits issued through the Florida Department of Environmental Protection (FDEP) and/or FDEP Regulations. TR-50 is a copper precipitant that is used to maintain permit compliance for copper removal limitations in effluent discharged into receiving surface waters. The FDEP permitted effluent limit for copper is 3.7 parts per billion. In accordance with Clearwater Code of Ordinances Section 2.564 (1)(b), Exceptions to Bidding, Water Specialists Technologies has been determined a sole source vendor for TR-50. They hold patent number 4,943,377 for Thio-Red, a method for removing dissolved heavy metals from waste oils, industrial wastewaters, or any polar solvent. Thio-Red is the primary ingredient in TR-50, and Water Specialists Technologies is the sole manufacturer of this product. Water Specialists Technologies does not currently have any other TR-50 distributors within the state of Florida. TR-50 was selected for use in 2006 after an extensive engineering study was undertaken to select the product best capable of allowing the City’s facilities to meet FDEP permit requirements, while not causing any toxicity, creating any chemical interaction side-effects, and being the most cost-effective. This product has met all expectations and has performed very well. It has not exhibited any toxicity and has not created any chemical interaction related ill-effects. The plants have met the FDEP/USEPA copper limitation ever since the chemical began being used. Water Specialists Technologies has held Clearwater’s discounted price for this chemistry at or below their distributors’ pricing for many years. The sole source letter also reflects the City’s arrangement for the return of used totes, an offer that is not extended to any of their other customers. APPROPRIATION CODE AND AMOUNT: Budgeted funds are available in Public Utilities operating cost centers 551000 Lab/Chemical Supplies to cover the cost of the contract for FY20. Funding for future fiscal years (FY21 through FY23) will be requested within contract calendar Page 1 City of Clearwater Printed on 4/16/2020 File Number: ID#20-7599 and spending limits. Page 2 City of Clearwater Printed on 4/16/2020 1515 Kastner Place Sanford, FL 32771 Phone: 407-321-7910 Fax: 407-321-3098 February 26, 2020 Ms. Caley Conard Accountant City of Clearwater P.O. Box 4748 Clearwater, FL 33758-4748 Via email: Caley.Conard@MyClearwater.com Re: TR-50 Dear Ms. Conard, This letter will answer the inquiries made in your email of February 20, 2020 regarding the annual renewal for contract #900170 for our metal precipitant, TR-50. Water Specialists Technologies is the sole source and manufacturer of TR-50, the City of Clearwater’s long-standing waste water treatment chemistry. We hold patent number 4,943,377 for Thio-Red, a method for removing dissolved heavy metals from waste oils, industrial wastewaters, or any polar solvent. Thio-Red is the primary ingredient in TR-50, and Water Specialists Technologies is the sole manufacturer of this product. We do not currently have any other TR-50 distributor within the state of Florida. Your updated pricing for TR-50 is .57 per pound or $1,470.60 for a 275 gallon/2580 pound tote. As we discussed, Water Specialists Technologies raw material costs have risen. As such, we have had to adjust the pricing slightly. Your sales representative (and Water Specialists Technologies’ owner), Dean Schmelter, has held Clearwater’s discounted price for this chemistry at or below our distributors’ pricing for many years. It reflects both our arrangment for the return of your used totes (an offer that is not extended to any of our other customers), and our continued regard of Clearwater as a preferred customer. We appreciate your business and would like to discuss with you should you have any questions regarding the price changes to our TR-50 for the contract period 5/1/20-4/30/21. If you have any additional questions or need more information, please contact Debbie Mondin our office accountant at accounting@waterspecialists.biz Water Specialists Technologies would like to take this opportunity to thank the City of Clearwater for its continued use of our metal precipitant product. Sincerely, Dean Schmelter, President Water Specialists Technologies Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7600 Agenda Date: 4/16/2020 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Public Utilities Agenda Number: 7.9 SUBJECT/RECOMMENDATION: Authorize a sole source award to Andritz Separation of Arlington, TX for Centrifuge, Belt Filter Press and Appurtenant Sludge Dewatering Equipment Parts and Service in the annual amount not to exceed $300,000.00 for the initial contract period of May 4, 2020 through May 3, 2021 with the option for two, one-year term extensions pursuant to City Code Section 2.564 (1)(b), and authorize the appropriate officials to execute same. (consent) SUMMARY: Andritz is the Original Equipment Manufacturer (OEM) for replacement parts and service used in the Belt Presses and Centrifuges at the Northeast and Marshall Street Water Reclamation Facilities (WRF). Belt presses and Centrifuges (liquid/solid separation equipment) greatly reduce the volume of biosolids that must be disposed by land application, thus greatly reducing the cost of biosolids disposal. The replacement parts and service are being purchased as a sole source due to the benefits of standardization. In accordance with Clearwater Code of Ordinances Section 2.564(1)(b), Exceptions to Bidding, Andritz Separation has been determined a sole source vendor for Centrifuge, Belt Filter Press and Appurtenant Sludge Dewatering Equipment Parts and Service. APPROPRIATION CODE AND AMOUNT: Budgeted funds are available in Public Utilities operating cost centers 550400 Operating Supplies & Materials to cover the cost of the contract for FY20. Funding for future fiscal years (FY21 through FY23) will be requested within contract calendar and spending limits. Page 1 City of Clearwater Printed on 4/16/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7688 Agenda Date: 4/16/2020 Status: Consent AgendaVersion: 1 File Type: ReportIn Control: Public Utilities Agenda Number: 7.10 SUBJECT/RECOMMENDATION: Authorize a sole source award to Premier Magnesia of Wayne, PA for Thioguard in the annual amount not to exceed $75,000.00 for the initial contract period of April 22, 2020 through April 21, 2021 with the option for two, one-year term extensions pursuant to Clearwater Code of Ordinances Section 2.564 (1)(b) and authorize the appropriate officials to execute same. (consent) SUMMARY: Thioguard is a chemical application technology used at the Marshall Street and Northeast WRFs, which has been demonstrated to safely control hydrogen sulfide evolution, organic odors, corrosion and FOG (fats, oils and grease) while providing increased alkalinity for the treatment process. Thioguard is also used to enhance the performance of anaerobic digesters through the addition of slow release alkalinity, which substantially reduces operational issues that can be costly and difficult to correct. In accordance with City Code Section 2.564 (1)(b), Exceptions to Bidding, Premier Magnesia, LLC has been determined a sole source vendor for Thioguard. Thioguard is a proven technical grade product that is manufactured through a proprietary process for conditioning in municipal wastewater treatment, which uses safe, non-hazardous slurry. Thioguard is manufactured to exacting particle size, specific surface area and particle size distribution to provide the highest reactivity and proper stability for transportation, pumping and handling, which provides consistent performance, better disbursement and suspension stability that is critical to the treatment plants operations. Premier Magnesia is the only company that can supply magnesium hydroxide that is manufactured by this proprietary process specifically designed for the wastewater industry. APPROPRIATION CODE AND AMOUNT: Budgeted funds are available in Public Utilities operating cost centers 551000 Lab/Chemical Supplies to cover the cost of the contract for FY20. Funding for future fiscal years (FY21 through FY23) will be requested within contract calendar and spending limits. Page 1 City of Clearwater Printed on 4/16/2020 March 20, 2020 Caley Conrad Accounting Technician City of Clearwater Public Utilities Dept. Clearwater, FL | 33765-1945 Re: Thioguard Pricing April 22, 2020 – April 21, 2021 Dear Caley: For the Contract period April 22, 2020 – April 21, 2021. Premier Magnesia, LLC is pleased to offer the price of $2.89 per gallon (net 30 days). The price represents a 2.8% increase based on increased costs in production and transportation incurred by Premier The price includes dosing equipment, service/maintenance, with an estimated usage of 100 gallons per day for your anaerobic digester alkalinity control system. Sole Source Procurement Justification: Thioguard® is a chemical application technology developed for wastewater systems by Premier Magnesia LLC. It utilizes safe, non-hazardous slurry, similar in appearance and chemistry to milk of magnesia. Properly applied to municipal wastewater collection systems, it has been satisfactorily demonstrated to safely control hydrogen sulfide evolution, organic odors, corrosion and FOG (fats, oils and grease) while providing increased alkalinity for the treatment process. Thioguard is also used to enhance the performance of anaerobic digesters through the addition of slow release alkalinity. Thioguard is a proven highest quality technical grade product available that is manufactured through a proprietary process for conditioning in municipal water and wastewater treatment. Thioguard is highly reactive technical-grade magnesium hydroxide slurry that is produced and derived from highly reactive magnesium chloride brine. Thioguard has the highest available surface area and reactivity as a result of Premier’s proprietary manufacturing process. Wastewater treatment is performed in a sensitive biological environment wherein operation is performed at near-neutral or slightly alkaline conditions, requiring the highest reactive grade magnesium hydroxide available. Lower reactive grades are incapable of sufficiently neutralizing the acid generated in these environments and will pass through the system unused. Thioguard is manufactured to exacting particle size, specific surface area and particle size distribution to provide the highest reactivity and proper stability for transportation, pumping and handling. This provides consistent performance, better dispersion and suspension stability that is critical to Premier Magnesia, LLC 1275 Drummers Lane, Suite 102 Wayne, PA 19087 Tel: 610-420-7500 collection system and treatment plant operation while reducing acute in-plant sludge generation associated with lime and lowergrade brucite magnesium hydroxides. Premier Magnesia, LLC is the only company that can supply magnesium hydroxide that is manufactured by this proprietary process specifically designed for the wastewater industry. Premier Magnesia very much appreciates your business and looks forward to a continued long term relationship as a quality supplier. Best regards, J. Peter Ahl Vice President, Water Utilities Division Cc: David W. Porter, P.E. David Pickard Mike Ballard New Contact Information: Local Account Manager Mike Ballard 904-237-6443 David Pickard 813-928-2793 Corporate office: Premier Magnesia LLC Peter Ahl, V. P and General Manager 1275 Drummers Lane, Suite 102 Wayne, PA 19087 610-420-7500 Customer Service: Laurie Schnopps 75 Giles Place Waynesville, NC 28786 Thioguard Specification Typical Maximum Minimum Slurry Basis: Mg(OH)2 contained lb/gal 7.7 8.0 7.0 Dry Solids Basis: Mg(OH)2, wt% 98.8 98.5 CaO, wt% 0.6 0.8 SiO2, wt% .20 .35 Fe2O3, wt% .10 .21 Median Particle Size, Micron 3.0 4.0 1.0 Specific Surface Area, m2/g 10 20 9 Acres/Gallon 3.21 3.5 3.0 Lbs. Alkalinity/Gallon 13.38 14.0 12.5 Caustic Magnesia Activity/Sec* 125 150 75 Typical Maximum Minimum % Passing 325 Mesh Sieve 99.6 100 99.0 Stabilized Residual Test, Grams* 1.0 3.0 Caustic Soda (NaOH) Equivalent 1 lb Equivalent to .73 lb Mg(OH)2 Soda Ash (Na2CO3) Equivalent 1 lb Equivalent to .55 lb Mg(OH)2 Physical Properties: Density, lbs./gal. 12.8 13.1 12.2 Solids, Weight Percent % 56 62 55 Viscosity, cps* 150 500 100 *TP-112 14 Hour Stability Residual Test *Brookfield RVT Viscometer #3 spindle @ 100 rpm, 60 seconds at 70°F *TP-227 Caustic Magnesia Activity (Acedic Acid) Certifications: ISO 9001:2008 – ANSI/ISO/ASQ Q9001-2008 Certified Distribution, Sales, and Manufacture of periclase and technical grades of magnesium oxide and hydroxide products. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7690 Agenda Date: 4/16/2020 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Public Utilities Agenda Number: 7.11 SUBJECT/RECOMMENDATION: Authorize the award of Invitation to Bid 23-20, Stainless Steel Manhole Inserts, to The Randazzo Group LLC of Clearwater, Florida, in an annual not-to-exceed amount of $145,600, with the option for two, one-year extensions at the City’s discretion, and authorize the appropriate officials to execute same. (consent) SUMMARY: Invitation to Bid (ITB) #23-20, Stainless Steel Manhole Inserts was issued on February 4, 2020. Three bids were received on March 10, 2020. The Randazzo group LLC of Clearwater, Florida, represents the lowest responsive, responsible bidder for Stainless Steel Manhole Inserts. The Randazzo Group of Clearwater, Florida will provide 22 in., 23 in. and 23 ½ in. stainless steel manhole inserts to Public Utilities Department. The initial contract period will be April 17, 2020 through April 16, 2021, with the option for two, one-year term renewal terms available to the City. Renewal Terms allow for cost increases based on the Producer Price Index #101 Iron and Steel; renewal prices shall be firm for the respective annual term. APPROPRIATION CODE AND AMOUNT: Budgeted funds for FY20 are available in Public Utilities’ cost centers, cost code 550400 Operating Supplies and Materials. Funding for future fiscal years (FY21 through FY23) will be requested within contract calendar and spending limits. Page 1 City of Clearwater Printed on 4/16/2020 CITY OF CLEARWATER ITB # 23-20 Stainless Steel Manhole Inserts DUE DATE: March 3, 2020; 10:00 AM BID TABULATION Capitol Foundry of Va. Inc Core & Main LP Ferguson Enterprise Fortiline Inc Parson Environmental Products Pasco Pipe Supply The Randazzo Group Item No.TYPE OF LOCATE TICKET Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price 1 Twenty-two Inch (22") Stainless Steel Manhole Inserts USF420 $134.50 $152.94 $136.10 $138.30 $127.35 $141.00 $112.00 2 Twenty-three Inch (23") Stainless Steel Manhole Inserts USF240 $134.50 $152.94 $136.10 $138.30 $127.35 $135.00 $112.00 3 Twenty-three and one-half Inch (23 1/2") Stainless Steel Manhole Inserts USF195 $134.50 $152.94 $136.10 $138.30 $127.35 $135.00 $112.00 NOTE: Items with a star ( ) indicates intent to award. Page 1 of 1 - March 13, 2020 NOTICE OF INTENT TO AWARD Public Utilities and Purchasing recommend award of ITB No. 23-20, Stainless Steel Manhole Inserts to The Randazzo Group, LLC, the lowest most responsible bidder, in accordance with the bid specifications, in the estimated amount of 145,600 annually, for a period of one (1) year, with two (2), one (1) year extension options. This Award recommendation will be considered by the City Council at the March 30, 2020 Work Session (9:00 a.m.) and voted on at the April 2, 2020 Council Meeting (6:00 p.m.). These meetings are held at Clearwater Main Library, at 100 N. Osceola Ave., Clearwater, FL 33755. Inquiries regarding this Intent to Award can be directed to the City’s Procurement Analyst by email at Valerie.Craig@myclearwater.com or mailed to City of Clearwater, Attn: Purchasing, PO Box 4748, Clearwater, FL 33758-4748. Posted on this date by: Valerie Craig Valerie Craig Procurement Analyst v. 11.2018 Procurement Division 100 S Myrtle Ave 33756-5520 PO Box 4748 33758-4748 Clearwater FL 727-562-4633 INVITATION TO BID #23-20 Stainless Steel Manhole Inserts February 4, 2020 NOTICE IS HEREBY GIVEN that sealed bids will be received by the City of Clearwater (City) until 10:00 A.M., Local Time, March 3, 2020 to provide Stainless Steel Manhole Inserts. Brief Description: The City of Clearwater is seeking sealed bids for the purchase of stainless steel manhole inserts for the Public Utilities Department. Bids must be in accordance with the provisions, specifications and instructions set forth herein and will be received by the Procurement Division until the above noted time, when they will be publicly acknowledged and accepted. Bid packets, any attachments and addenda are available for download at: https://www.myclearwater.com/business/rfp 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: Valerie Craig Procurement Analyst Valerie.Craig@myclearwater.com This Invitation to Bid is issued by: Lori Vogel, CPPB Procurement Manager lori.vogel@myclearwater.com INSTRUCTIONS Stainless Steel Manhole Inserts 2 ITB #23-20 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 contact listed on page 1. Questions should be submitted in writing via letter, fax or email. Questions received less than ten (10) 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 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: March 3, 2020 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 the Procurement Division. i.5 BID FIRM TIME: 60 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 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 INSTRUCTIONS Stainless Steel Manhole Inserts 3 ITB #23-20 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: Procurement Division 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 Procurement 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 brand name, product, is on the bidder. The City reserves the right to reject bids that the City deems unacceptable. INSTRUCTIONS Stainless Steel Manhole Inserts 4 ITB #23-20 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. 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 INSTRUCTIONS Stainless Steel Manhole Inserts 5 ITB #23-20 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 the Procurement Division. ADDRESS PROTESTS TO: City of Clearwater – Procurement Division 100 S Myrtle Ave, 3rd Fl Clearwater FL 33756-5520 or PO Box 4748 Clearwater FL 33758-4748 INSTRUCTIONS – EVALUATION Stainless Steel Manhole Inserts 6 ITB #23-20 i.20 EVALUATION PROCESS. Bids will be reviewed by the Procurement Division 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/business/rfp to view relevant bid information and notices. i.26 BID TIMELINE. Dates are tentative and subject to change. Release ITB: 2/4/2020 Advertise Tampa Bay Times: 2/6/2020 Bids due: 3/3/2020 Review bids: 3/3 - 3/10/2020 Award recommendation: 3/10/2020 Council authorization: 4/2/2020 Contract begins: 4/2020 STANDARD TERMS AND CONDITIONS Stainless Steel Manhole Inserts 7 ITB #23-20 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 STANDARD TERMS AND CONDITIONS Stainless Steel Manhole Inserts 8 ITB #23-20 in writing by Contractor that they are prohibited from the manufacture, distribution, dispensation, possession, or unlawful use of a controlled substance in the workplace. Contractor agrees to prohibit the use of intoxicating substances by all Contractor personnel and will ensure that Contractor personnel do not use or possess illegal drugs while in the course of performing their duties. c. Federal and State Immigration Laws. Contractor agrees to comply with the Immigration Reform and Control Act of 1986 (IRCA) in performance under this Agreement and to permit the City and its agents to inspect applicable personnel records to verify such compliance as permitted by law. Contractor will ensure and keep appropriate records to demonstrate that all Contractor personnel have a legal right to live and work in the United States. (i) As applicable to Contractor, under this provision, Contractor hereby warrants to the City that Contractor and each of its subcontractors will comply with, and are contractually obligated to comply with, all federal immigration laws and regulations that relate to their employees (hereinafter “Contractor Immigration Warranty”). (ii) A breach of the Contractor Immigration Warranty will constitute as a material breach of this Agreement and will subject Contractor to penalties up to and including termination of this Agreement at the sole discretion of the City. (iii) The City retains the legal right to inspect the papers of all Contractor personnel who provide services under this Agreement to ensure that Contractor or its subcontractors are complying with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any such inspections. (iv) The City may, at its sole discretion, conduct random verification of the employment records of Contractor and any subcontractor to ensure compliance with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any random verification performed. (v) Neither Contractor nor any subcontractor will be deemed to have materially breached the Contractor Immigration Warranty if Contractor or subcontractor establishes that it has complied with the employment verification provisions prescribed by Sections 274A and 274B of the Federal Immigration and Nationality Act. d. Nondiscrimination. Contractor represents and warrants that it does not discriminate against any employee or applicant for employment or person to whom it provides services because of race, color, religion, sex, national origin, or disability, and represents and warrants that it complies with all applicable federal, state, and local laws and executive orders regarding employment. Contractor and Contractor’s personnel will comply with applicable provisions of Title VII of the U.S. Civil Rights Act of 1964, as amended, Section 504 of the Federal Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), and applicable rules in performance under this Agreement. S.11 SALES/USE TAX, OTHER TAXES. Contractor is responsible for the payment of all taxes including federal, state, and local taxes related to or arising out of Contractor’s services under this Agreement, including by way of illustration but not limitation, federal and state income tax, Social Security tax, unemployment insurance taxes, and any other taxes or business license fees as required. If any taxing authority should deem Contractor or Contractor employees an employee of the City, or should otherwise claim the City is liable for the payment of taxes that are Contractor’s responsibility under this Agreement, Contractor will indemnify the City for any tax liability, interest, and penalties imposed upon the City. The City is exempt from paying state and local sales/use taxes and certain federal excise taxes and will furnish an exemption certificate upon request. S.12 AMOUNTS DUE THE CITY. Contractor must be current and remain current in all obligations due to the City during the performance of services under the Agreement. Payments to Contractor may be offset by any delinquent amounts due the City or fees and charges owed to the City. STANDARD TERMS AND CONDITIONS Stainless Steel Manhole Inserts 9 ITB #23-20 S.13 OPENNESS OF PROCUREMENT PROCESS. Written competitive proposals, replies, oral presentations, meetings where vendors answer questions, other submissions, correspondence, and all records made thereof, as well as negotiations or meetings where negotiation strategies are discussed, conducted pursuant to this Invitation to Bid (ITB), shall be handled in compliance with Chapters 119 and 286, Florida Statutes. Proposals or replies received by the City pursuant to this ITB are exempt from public disclosure until such time that the City provides notice of an intended decision or until 30 days after opening the proposals, whichever is earlier. If the City rejects all proposals or replies pursuant to this ITB and provides notice of its intent to reissue the ITB, then the rejected proposals or replies remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued ITB or until the City withdraws the reissued ITB. A proposal or reply shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or replies. Oral presentations, meetings where vendors answer questions, or meetings convened by City staff to discuss negotiation strategies, if any, shall be closed to the public (and other proposers) in compliance with Chapter 286 Florida Statutes. A complete recording shall be made of such closed meeting. The recording of, and any records presented at, the exempt meeting shall be available to the public when the City provides notice of an intended decision or until 30 days after opening proposals or final replies, whichever occurs first. If the City rejects all proposals or replies pursuant to this ITB and provides notice of its intent to reissue the ITB, then the recording and any records presented at the exempt meeting remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued ITB or until the City withdraws the reissued ITB. A recording and any records presented at an exempt meeting shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or replies. In addition to all other contract requirements as provided by law, the contractor executing this agreement agrees to comply with public records law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, Rosemarie Call, phone: 727-562-4092 or Rosemarie.Call@myclearwater.com, 600 Cleveland Street, Suite 600, Clearwater, FL 33755. 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 STANDARD TERMS AND CONDITIONS Stainless Steel Manhole Inserts 10 ITB #23-20 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 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 Stainless Steel Manhole Inserts 11 ITB #23-20 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 Stainless Steel Manhole Inserts 12 ITB #23-20 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 Stainless Steel Manhole Inserts 13 ITB #23-20 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 Procurement Administrator and/or an authorized representative from the using department. All questions STANDARD TERMS AND CONDITIONS Stainless Steel Manhole Inserts 14 ITB #23-20 regarding the contract will be referred to the administrator for resolution. Supplements may be written to the contract for the addition or deletion of services. Payment will be negotiated and determined by the contract administrator(s). S.38 FORCE MAJEURE. Failure by either party to perform its duties and obligations will be excused by unforeseeable circumstances beyond its reasonable control, including acts of nature, acts of the public enemy, riots, fire, explosion, legislation, and governmental regulation. The party whose performance is so affected will within five (5) calendar days of the unforeseeable circumstance notify the other party of all pertinent facts and identify the force majeure event. The party whose performance is so affected must also take all reasonable steps, promptly and diligently, to prevent such causes if it is feasible to do so, or to minimize or eliminate the effect thereof. The delivery or performance date will be extended for a period equal to the time lost by reason of delay, plus such additional time as may be reasonably necessary to overcome the effect of the delay, provided however, under no circumstances will delays caused by a force majeure extend beyond one hundred-twenty (120) calendar days from the scheduled delivery or completion date of a task unless agreed upon by the parties. S.39 COOPERATIVE USE OF CONTRACT. The City has entered into various cooperative purchasing agreements with other Florida government agencies, including the Tampa Bay Area Purchasing Cooperative. Under a Cooperative Purchasing Agreement, any contract may be extended for use by other municipalities, school districts and government agencies in the State of Florida with the approval of Contractor. Any such usage by other entities must be in accordance with the statutes, codes, ordinances, charter and/or procurement rules and regulations of the respective government agency. Orders placed by other agencies and payment thereof will be the sole responsibility of that agency. The City is not responsible for any disputes arising out of transactions made by others. S.40 FUEL CHARGES AND PRICE INCREASES. No fuel surcharges will be accepted. No price increases will be accepted without proper request by Contractor and response by the City’s Procurement 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. STANDARD TERMS AND CONDITIONS Stainless Steel Manhole Inserts 15 ITB #23-20 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 Stainless Steel Manhole Inserts 16 ITB #23-20 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. INTENT. The purpose of the solicitation is to establish a term contract for the purchase of stainless steel manhole inserts for the City’s Public Utilities Department. The successful bidder shall provide these items on an as needed basis. Reference specifications are hereby incorporated in this document and referred to by the following abbreviations: • pounds per square inch (psi) • American Society for Testing and Materials (ASTM) 3. SPECIFICATIONS. The contractor shall furnish stainless steel manhole inserts based on the specifications of this bid. These stainless steel manhole inserts shall cut back or prevent water inflow through manhole covers and shall prove to be effective in keeping chemical spills, road oils, foreign objects, etc. from entering manhole and collection system lines. The insert, gasket and relief valve shall be manufactured of materials resistant to corrosion from atmospheres containing hydrogen sulfide and dilute sulfuric acid. A. MATERIALS AND DESIGN: 1. INSERT REQUIREMENTS: 1. Shall be manufactured of 316 stainless steel with thickness of not less than 18 gauge 2. Shall have straight side design to allow a loose fit into ring for easy removal 3. Manufacturer must furnish a “load test verification” showing a load test failure in excess of 3000 pounds. For added strength, no less than three (3) ribs shall be stamped in bottom of the insert or may be spherical in shape. 2. GASKET REQUIREMENTS: 1. Shall be extruded onto the stainless dish with a synthetic elastomer having the following physical properties: 1a. Tensile Strength: 335 psi – ASTM D412 Elongation 400-600% - ASTM D412 1b. Adhesion to Stainless: 580 psi – ASTM D4541/D7234 1c. Shore Hardness: 25 Shore A – ASTM2 D2240 2. Must be compatible with insert material to form a long-lasting bond in dry or wet conditions DETAILED SPECIFICATIONS Stainless Steel Manhole Inserts 17 ITB #23-20 3. GAS RELIEF VALVE REQUIREMENTS: 1. Shall be designed to release at a pressure of .5 to 1.5 psi 2. Shall have a leak down rate no greater than five (5) gallons per twenty-four (24) hours. 3. Shall be installed in the insert by means of a hole tapped in the insert by the manufacturer 4. Shall be made of nitrite for prevention of corrosion from contact with hydrogen sulfide, dilute sulfuric acid and other gases associated with waste water collection systems 4. HANDLE REQUIREMENTS: 1. The dish shall have a handle of 3/16” plastic-coated stainless steel cable installed on the body of the dish 2. Shall be attached with a #6 high-grade stainless steel rivet 3. Cable shall be braided in a manner which resists cutting with common bolt covers 4. The cable terminal and eye shall be stainless steel B. INSERT SIZES AND DIMENSIONS: The sizes of the manhole frames vary therefore the City will provide the awarded vendor with specific dimensions and number of required inserts for each manhole frame size as needed. 4. DELIVERY. Delivery shall be made to the location indicated no later than fourteen (14) to twenty- one (21) days after receipt of an order. Delivery hours are from 8:00 A.M. to 3:00 P.M.; Monday through Friday. Stainless steel manhole inserts shall be palletized and stabilized to prevent shifting during transportation. A Material Test Report (MTR) certifying material’s compliance shall be provided with each delivery. Ship to: Public Utilities 1650 N. Arcturas Ave. Clearwater, FL 33765 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. DETAILED SPECIFICATIONS Stainless Steel Manhole Inserts 18 ITB #23-20 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. 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: Procurement Division, ITB #23-20 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 Stainless Steel Manhole Inserts 19 ITB #23-20 1. BEGINNING AND END DATE OF INITIAL TERM. April 2020 – March 2021 If the commencement of performance is delayed because the City does not execute the contract on the start date, the City may adjust the start date, end date and milestones to reflect the delayed execution. 2. EXTENSION. The City reserves the right to extend the term of this contract, provided however, that the City shall give written notice of its intentions to extend this contract no later than thirty (30) days prior to the expiration date of the contract. 3. RENEWAL. At the end of the initial term of this contract, the City may initiate renewal(s) as provided. The decision to renew a contract rests solely with the City. The City will give written notice of its intention to renew the contract no later than thirty (30) days prior to the expiration. Two (2), one (1) year renewals possible at the City’s option. 4. PRICES. All pricing shall be firm for the initial term of one (1) year; except where otherwise provided by the specifications, and include all transportation, insurance and warranty costs. The City shall not be invoiced at prices higher than those stated in any contract resulting from this bid. The Contractor certifies that the prices offered are no higher than the lowest price the Contractor charges other buyers for similar quantities under similar conditions. The Contractor further agrees that any reductions in the price of the goods or services covered by this bid and occurring after award will apply to the undelivered balance. The Contractor shall promptly notify the City of such price reductions. During the sixty (60) day period prior to each annual anniversary of the contract effective date, the Contractor may submit a written request that the City increase the prices for an amount for no more than the twelve month change in the Producer Price Index for (PPI #101 Iron and Steel) Seasonally Adjusted as published by the U.S. Department of Labor, Bureau of Labor Statistics (http://www.bls.gov/ppi/home.htm). The City shall review the request for adjustment and respond in writing; such response and approval shall not be unreasonably withheld. At the end of the initial term, pricing may be adjusted for amounts other than inflation based on mutual agreement of the parties after review of appropriate documentation. Renewal prices shall be firm for at least one year, and may be adjusted thereafter as outlined in the previous paragraph. No fuel surcharges will be accepted. BID SUBMISSION Stainless Steel Manhole Inserts 20 ITB #23-20 1. BID SUBMISSION. Submit one (1) signed original bid, one (1) copy 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. Bid security (if requested) included Original and proper number of copies with electronic format (if requested) included Bid container properly labeled Bid Pricing form completed and included W-9 Request for Taxpayer Identification Number and Certification form completed and included (http://www.irs.gov/pub/irs-pdf/fw9.pdf) Exceptions/Additional Materials/Addenda form completed and included Vendor Information form completed and included Offer Certification form completed and included BID PRICING Stainless Steel Manhole Inserts 21 ITB #23-20 Pursuant to all the contract specifications enumerated and described in this solicitation, we agree to furnish stainless steel manhole inserts to the City of Clearwater Public Utilities Department at the price(s) stated below. The City estimates one thousand three hundred (1,300) manhole inserts to be purchased annually in various sizes. Prices should include all freight charges. Item No. Description Unit Price (EA) 1 Twenty-two Inch (22") Stainless Steel Manhole Inserts (per specifications) $ 2 Twenty-three Inch (23") Stainless Steel Manhole Inserts (per specifications) $ 3 Twenty-three and One- half Inch (23 1/2") Stainless Steel Manhole Inserts (per specifications) $ DELIVERY REQUIREMENTS FOB: Destination, Freight Prepaid and Allowed Freight Costs: Unit prices should include all freight and transportation charges Delivery, as stated in Detailed Specifications, can be met _____ Yes _____ No If no, specify number of days for delivery PAYMENT TERMS: City of Clearwater’s standard payment terms are NET30 Vendor: _________________________________________ Date: _______________________________ EXCEPTIONS/ADDITIONAL MATERIALS/ADDENDA Stainless Steel Manhole Inserts 22 ITB #23-20 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 Stainless Steel Manhole Inserts 23 ITB #23-20 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 COMPANIES Stainless Steel Manhole Inserts 24 ITB #23-20 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 Stainless Steel Manhole Inserts 25 ITB #23-20 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 Stainless Steel Manhole Inserts 26 ITB #23-20 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ SEALED BID Submitted by: Company Name: Address: City, State, Zip: ITB #23-20, Stainless Steel Manhole Inserts Due Date: March 3, 2020, at 10:00 A.M. City of Clearwater Attn: Procurement 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 #23-20, Stainless Steel Manhole Inserts Due Date: March 3, 2020 at 10:00 A.M. ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ City of Clearwater Attn: Procurement 100 S Myrtle Ave 3rd Fl Clearwater FL 33756-5520 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7653 Agenda Date: 4/16/2020 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Solid Waste/General Services Agenda Number: 7.12 SUBJECT/RECOMMENDATION: Authorize a purchase order to Siemens Industry Inc. for inspections, maintenance, and repair of fire sprinkler systems, in the not-to-exceed amount of $275,000 from April 1, 2020 through June 30, 2021, pursuant to Clearwater Code of Ordinances Section 2.564(1)(d) Other Government Entities Contracts and authorize the appropriate officials to execute same. (consent) SUMMARY The Building & Maintenance Division’s fire sprinkler inspection, repair, replacement and additions have been procured by obtaining quotes or piggybacking other government entities contracts. Staff is requesting the ability to piggyback an existing contract for Siemens Industry Inc. for various fire sprinkler inspections, maintenance and repair throughout the city for the duration of their respective contract. This will allow us to benefit from pre-negotiated prices for various items as required. Piggyback Contract: Sourcewell #031517-SIE - Siemens industry Inc, Buffalo Grove, IL. - expires June 30, 2021. Flexibility is requested to allow for expenditure of budgeted funds as needed throughout the year, in accordance with the intent of this general authorization. APPROPRIATION CODE AND AMOUNT: 5656531-530300 GSBM180008 - R&M - MTRLS Page 1 City of Clearwater Printed on 4/16/2020 Siemens Facility Security & Building Automation Systems #031517-SIE Maturity Date: 06/30/2021 Contract Documents Facility Security Equipment, Systems, and Services with Related Equipment and Supplies Contract #031517-SIE Eective 06/30/2017 - 06/30/2021 Contract Documentation Request for Proposal (RFP)(491.24 KB) Contract Forms (5.09 MB) Contract Acceptance & Award (316.91 KB) Competitive Solicitation Documentation Aidavit of Advertisement (2.28 MB) Proposal Opening Witness Page (487.45 KB) Proposal Evaluation (677.43 KB) Evaluation Committee Comment and Review (1.65 MB) Board Minutes (101.85 KB)         Products & ServicesPricingContact InformationAdditional FormsContract Documents   Become a Member Simply complete the online application or contact the Membership Team at membership@sourcewell-mn.gov or 877- 585-9706. Search Vendors & Contracts General Contracts ezIQC Contracts Sourcewell’s website may contain links to nongovernment websites being provided as a convenience and for informational purposes only. Sourcewell neither endorses nor guarantees, in any way, the external organization’s services, advice, or products included in these website links. Sourcewell bears no responsibility for the accuracy, legality, or timeliness of any content on the external site or for that of subsequent links. All questions related to content on external sites should be addressed directly to the host of that particular website.     Sourcewell for Vendors  Terms & Conditions Privacy Policy Sitemap Accessibility © 2020 Sourcewell. All rights reserved. Bid Information Home List of Bids Bid Information Bid Information for 031517 Bid Number 031517 Bid Name FACILITY SECURITY EQUIPMENT, SYSTEMS, AND SERVICES WITH RELATED EQUIPMENT AND SUPPLIES Published By National Joint Powers Alliance Solicitation Type Open to all suppliers Contract Type RFP Procurement Name Procurement Published Date 01/26/2017 Closing Date 03/15/2017 04:30:00 PM CT Country & Province/State Ontario, Canada Region & City , Bid Type Goods Group Remind Notice Date Not Applicable Publish Option NIGP Code Value Range Not Applicable Accept questions Not Applicable Tender Area NDA Requirement Not Applicable NOI Date Not Applicable Site Meetings Not Applicable National Joint Powers Alliance FACILITY SECURITY EQUIPMENT, SYSTEMS, AND SERVICES WITH RELATED EQUIPMENT AND SUPPLIES 031517 Closing Date: 03/15/2017 04:30:00 PM CT Detail: The National Joint Powers Alliance® (NJPA), on behalf of NJPA and its current and potential member agencies, which includes all governmental, higher education, K-12 education, not-for-profit, tribal government, and all other public agencies located in all fifty states, Canada, and internationally, issues this Request For Proposal (RFP) to result in a national contract solution for the procurement of #031517 FACILITY SECURITY EQUIPMENT, SYSTEMS, AND SERVICES WITH RELATED EQUIPMENT AND SUPPLIES. Details of this RFP are available beginning January 26, 2017. Details may be obtained by letter of request to Jonathan Yahn, NJPA, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479, or by e-mail at RFP@njpacoop.org. Proposals will be received until March 15, 2017 at 4:30 p.m. Central Time at the above address and opened March 16, 2017 at 8:30 a.m. Central Time. No Bid Document Selected Safety Equipment/ Services / Supplies First Aid training/supplies, Safety gears-boots, belts, helmet, Health and safety inspections (Fire Sprinkler systems), lifeline systems, fall arrest, fire extinguishers services and supply, Asbestos Management Plan, crowd control / portable gates etc. Security Services / Supplies Access control systems, security guards, guard dogs, home alarms, locksmiths, Private investigation services, tracing services, armored services,guns, security software, barcode scanners, parking meters equipment, ID Systems, radar, CCTV, confidential shredding of documents, etc firearms, ammunitions, magazines, holsters, crowd control / portable gates etc. Seq.Seq.NameName DescriptionDescription SizeSize PagePage NDANDA RequiredRequired PreviewPreview DocumentDocument No File Attached Name / EmailName / Email AddressAddress PhonePhone FaxFax Pending Biddingo Approval Pending Biddingo Approval Requirements Bid Advertisement Bid Document Selected Categories (Biddingo Category) Attached Bid Documents Invited Bidders Biddingo - Leading e-procurement portal for public and private sector bids https://r2cow.biddingo.com/viewVerification/356934/1273704 1 of 2 1/26/2017 8:53 AM Name / EmailName / Email AddressAddress PhonePhone FaxFax No Bidder Invited © Copyright 2017 R2CoW. All Rights Reserved. Powered by [ SUPPORT (Download Training Manuals) ] ABOUT SSL CERTIFICATES Biddingo - Leading e-procurement portal for public and private sector bids https://r2cow.biddingo.com/viewVerification/356934/1273704 2 of 2 1/26/2017 8:53 AM Notice Basic Information Details Dates Contact Information Bid Submission Process Estimated Contract Value (CAD)$999,999,999,999.00 (Not shown to suppliers) Reference Number 0000048360 Issuing Organization National Joint Powers Alliance Solicitation Type RFP - Request for Proposal Solicitation Number 031517 Title FACILITY SECURITY EQUIPMENT, SYSTEMS, AND SERVICES WITH RELATED EQUIPMENT AND SU Source ID PP.CO.USA.868485.C88455 Region All of Canada, All of Canada Purchase Type Term: 2017/03/31 12:00:00 AM CDT - 2021/03/26 12:00:00 AM CDT Description The National Joint Powers Alliance® (NJPA), on behalf of NJPA and its current and potential member agencies, which includes all governmental, higher education, K-12 education, not-for-profit, tribal government, and all other public agencies located in all fifty states, Canada, and internationally, issues this Request For Proposal (RFP) to result in a national contract solution for the procurement of #031517 FACILITY SECURITY EQUIPMENT, SYSTEMS, AND SERVICES WITH RELATED EQUIPMENT AND SUPPLIES. Proposals will be received until March 15, 2017 at 4:30 p.m. Central Time at the above address and opened March 16, 2017 at 8:30 a.m. Central Time. Publication 2017/01/26 08:49:09 AM CST Questions are submitted online No Bid Intent Not Available Closing Date 2017/03/15 04:30:00 PM CDT Ginger Line 218-894-1930 ginger.line@njpacoop.org Bid Submission Type Physical Bid Submission Pricing Lump sum Pricing Lump sum 031517 - FACILITY SECURITY EQUIPMENT, SYSTEMS, AND SERVICES WITH RELATED EQUIPMENT AND SU 2017/01/26 08:49:21 AM CST Page 1 of 4 Documents Documents Document Size Uploaded Date Language Details may be obtained by letter of request to Maureen Knight.docx [docx] 11 Kb 2017/01/26 08:48:40 AM CST English 031517 - FACILITY SECURITY EQUIPMENT, SYSTEMS, AND SERVICES WITH RELATED EQUIPMENT AND SU 2017/01/26 08:49:21 AM CST Page 2 of 4 Categories Selected Categories MERX Categories (2) U Other Other U Undefined Undefined G Goods Goods G22 Miscellaneous Goods Miscellaneous Goods 031517 - FACILITY SECURITY EQUIPMENT, SYSTEMS, AND SERVICES WITH RELATED EQUIPMENT AND SU 2017/01/26 08:49:21 AM CST Page 3 of 4 Document Request List Document Request List Organization Name Main Contact Download Date City Province/State No document has been requested yet. 031517 - FACILITY SECURITY EQUIPMENT, SYSTEMS, AND SERVICES WITH RELATED EQUIPMENT AND SU 2017/01/26 08:49:21 AM CST Page 4 of 4 [Go Back To Agency View] [Bid Board] Chat Help Logout Home Search Browse My Stuff Tools Bid RFP #031517 - FACILITY SECURITY EQUIPMENT, SYSTEMS, AND SERVICES WITH RELATED EQUIPMENT AND SUPPLIES Bid Type RFP Bid Number 031517 Title FACILITY SECURITY EQUIPMENT, SYSTEMS, AND SERVICES WITH RELATED EQUIPMENT AND SUPPLIES Start Date Jan 26, 2017 8:56:09 AM CST End Date Mar 15, 2017 12:00:00 AM CDT Agency NJPA Bid Contact Ginger Line (218) 894-5483 ginger.line@njpacoop.org 202 12th Street NE P.O. Box 219 Staples, MN 56479-0219 Questions 0 Questions [View/Ask Questions] Description The National Joint Powers Alliance® (NJPA), on behalf of NJPA and its current and potential member agencies, which includes all governmental, higher education, K-12 education, not-for-profit, tribal government, and all other public agencies located in all fifty states, Canada, and internationally, issues this Request For Proposal (RFP) to result in a national contract solution for the procurement of #031517 FACILITY SECURITY EQUIPMENT, SYSTEMS, AND SERVICES WITH RELATED EQUIPMENT AND SUPPLIES. Details of this RFP are available beginning January 26, 2017. Details may be obtained by letter of request to Jonathan Yahn, NJPA, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479, or by e-mail at RFP@njpacoop.org. Proposals will be received until March 15, 2017 at 4:30 p.m. Central Time at the above address and opened March 16, 2017 at 8:30 a.m. Central Time. Documents No Documents for this bid Customer Support: vendorsupport@publicpurchase.com | Copyright 1999-2017 © | The Public Group, LLC. All rights reserved. Public Purchase: Bid RFP #031517 - FACILITY SECURITY EQUIP... http://www.publicpurchase.com/gems/bid/bidView?bidId=72877 1 of 1 1/26/2017 8:56 AM National Joint Powers Alliance :: - Facility Security Equipment, Systems, and Services with Related Equipment and Supplies http://www.njpacoop.org/cooperative-purchasing/become-vendor/current-pending-solicitations/facility-security-equipment-systems-and-services-related-equipment-and-supplies/[1/26/2017 8:38:31 AM] Procurement Process About Us Affiliations & Relationships Become a Member Get to Know NJPA - Indefinite Quantity Construction Contracting Systems and related services - Automotive and Truck Replacement Parts and Tires with Related Equipment, Accessories, and Services - Class 6,7, and 8 Chassis with Related Equipment, Accessories, and Services - Multi-Function Copiers, Printers, and Equipment - Express Courier, Overnight, Ground Delivery Logistics Services - Elevators, Escalators, and Moving Walks with Related Equipment, Services, Accessories and Supplies - Forklifts, Lift Trucks, and Related Material Handling Equipment, Attachments, Accessories, and Services - Pest Management with Related Products and Services Current & Pending Solicitations Become a Vendor Cooperative Purchasing Vendor Name * Vendor Address * Vendor City * Vendor State * Vendor State * Vendor Zip Code * Contact Name * Contact Phone Number * Vendor Email Address * - Facility Security Equipment, Systems, and Serviceswith Related Equipment and Supplies The National Joint Powers Alliance® (NJPA), on behalf of NJPA and its current and potential member agencies, which includes all governmental, higher education, K-12 education, not-for-profit, tribal government, and all other public agencies located in all fifty states, Canada, and internationally, issues this Request For Proposal (RFP) to result in a national contract solution for the procurement of #031517 FACILITY SECURITY EQUIPMENT, SYSTEMS, AND SERVICESWITH RELATED EQUIPMENT AND SUPPLIES. Details of this RFP are available beginning January 26, 2017. Details may be obtained by letter of request to Jonathan Yahn, NJPA, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479,or by e-mail at RFP@njpacoop.org. Proposals will be received until March 15, 2017 at 4:30 p.m. Central Time at the above address and opened March 16, 2017 at 8:30 a.m. Central Time. Pre-Proposal Conference: February 21, 2017 at 10:00 am CT Sealed proposals due: March 15, 2017 at 4:30 pm CT Proposals will be publicly opened: March 16, 2017 at 8:30 am CT NJPA reserves the right to reject any and all proposals. To Obtain RFP documents do one of the following: 1. E-mail rfp@njpacoop.org, an email will be sent back to you with the documents2. Send a letter of request to National Joint Powers Alliance:Attn: Contracts and Compliance Department 202 12th Street NE, Staples, MN 564793. Complete the RFP Document Request Form below, this will redirect you to a page where you can get the documents immediately. RFP Document Request Form (this will redirect you to a page todownload the documents): Home > Cooperative Purchasing >Become a Vendor >Current & Pending Solicitations > - Facility Security Equipment, Systems, and Services with Related Equipment and Supplies Home 888.894.1930 Contact Us About Us Cooperative Purchasing Statewide/Regional Solutions Organizational National Joint Powers Alliance :: - Facility Security Equipment, Systems, and Services with Related Equipment and Supplies http://www.njpacoop.org/cooperative-purchasing/become-vendor/current-pending-solicitations/facility-security-equipment-systems-and-services-related-equipment-and-supplies/[1/26/2017 8:38:31 AM] - Classroom Audio Technology Equipment with Related Accessories, Services, and Supplies - Public Safety and Emergency Management Related Equipment, Supplies, and Services - Vehicles, Cars, Vans, SUVs, and Light Trucks with Related Equipment, Accessories, and Services - Managed Service Provider (MSP) for Information Technology and I.T. Staff Augmentation - Fleet Management and Related Technology Solutions - Recreation and Playground Equipment, Accesories, and Supplies - HVAC Systems, Installation, and Service with Related Products and Services - Facility Security Equipment, Systems, and Services with Related Equipment and Supplies Vendor Reference Guide Contracts - General Contracts - Fleet Contracts - ezIQC Construction Cooperative Health Current & Pending Solicitations FAQs How to Purchase State Legal References NJPA Access for Vendors Public Sector Insured Deposit Search Vendors & Products Vendor Advantage What Can NJPA Do For You Procurement Plaza National Joint Powers Alliance :: - Facility Security Equipment, Systems, and Services with Related Equipment and Supplies http://www.njpacoop.org/cooperative-purchasing/become-vendor/current-pending-solicitations/facility-security-equipment-systems-and-services-related-equipment-and-supplies/[1/26/2017 8:38:31 AM] Become a MEMBER Become a VENDOR ©2016 NATIONAL JOINT POWERS ALLIANCE® 202 12th Street NE P.O. Box 219 Staples, MN 56479888-894-1930 CONTACT US National Cooperative Contract Solutions Press Room Sitemap States Legal Authority Testimonials Website Credits BECOME A MEMBER Contract Directory List of NJPA Contracts Membership Application Member Testimonials Who is NJPA? BECOME A VENDOR Current & Pending Solicitations Vendor Get To Know Us Vendor Reference Guide USA TODAYTHURSDAY, JANUARY 26, 2017 LIFE 5D That’s not how anyone wantsto end their Sundance experi-ence.Madam Secretary star Tim Da-ly broke bones in both legs in askiing accident while vacationing in Utah for the Sundance FilmFestival, the actor conﬁrmed viaTwitter on Wednesday.“Broke my right ankle and leftknee skiing. Simultaneously!How’s that for talent? I’m allgood,” he wrote.Despite his injury, Madam Sec-retary is not expected to delayproduction, with the show’s writ-ers working on ways to accom-modate Daly’s situation in the script.Options include the writers including Daly’s injury in the plot,or using camera trickery to shootaround it, similar to how showsaccommodate actresses’ preg-nancies.Daly, 60, is likely to appear inall of the episodes in the upcom-ing third season of the CBS show,in which he stars alongside hisreal-life girlfriend, Téa Leoni. Tim Dalybreaks knee,ankle skiingat Sundance Maeve McDermott@maeve_mcdermottUSA TODAY JEFFERSON GRAHAM, USA TODAY Region 4 Education Service Center (ESC), TX is requesting proposals from qualified and experienced firms to provide Facility Technology Integration (RFP No.17-06). In order to be considered, the Offeror must complete and submit its proposal to Region 4 ESC at the location indicated, prior to or at the exact date and time indicated in the solicitation documentation available at www.nationalipa.org PROPOSAL DUE DATE: February 23, 2017, BEFORE 2:00 PM CENTRAL TIME MARKETPLACE To advertise in USA TODAY, email:sales@russelljohns.com HEALTH/FITNESS VisitViamedic.com/USAforspecial offers To view more Classified listings,visit: www.USATODAYClassifieds.com Photo Has Been Age Progressed NOTICES PUBLIC NOTICE MISSING MARY ANNSWITALSKI From:Chicago, IL Sex:Female Race:White Hair:Blonde Eyes:Hazel DOB: Sep 14, 1946 Missing: Jul 15, 1963 Age Now:70 NATIONAL CENTER FOR MISSING& EXPLOITED CHILDREN 1-800-THE-LOST Specializing in uniqueglobal and nationalname-brand children'sclothing for boys & girls, Sizes preemie to tween! www.littlejillco.com Reach 2.5 Million Readers Call: 877-792-4090 PUZZLES ACROSS1Layered hairdo5Sedgwick of “TheCloser”9 False fronts14Dallas-based hotelchain15“Stardust” novelistGaiman16Freak out17Culture Clubfrontman19Part of WASP20Muscle below adelt21Decline, with “out”23 With 56-Down,low-calorie drinks24“Babes in Toyland”composer27Ketchum of countrymusic29Chart-topper30Yankee teammateof Babe31Sulky-puller’s gait,perhaps33Plus more (Abbr.)36 Mess up on40One who maywork without a net43Leisurely stroll44Skye of “SayAnything . . .”45 Hefty volume46Little rascal48Wizards’ org.50 Sea plea51Shrub with pinkflowers and scarletfruit57Ants’ creation58Pig squeal syllable59Big fuss60Aquafinaalternative62Title for the personnamed at the endsof 17-, 24-, 40- and51-Across67Islamic decree68Bit of deceit69Salve ingredient70Walk in galoshes,maybe71One way to storedata 72 Fries or slaw,typically DOWN1Cry a river2Coverage plan, inbrief3“Take your pick”4 2003 Ben Affleckbomb5More complex, asa problem6Frank Zappa’s“Shut Up ’n Play ___Guitar”7 Extreme severity8Hebrew alphabetopener9Hydrotherapylocale10Not constructed bymachine11Harmon of “Law &Order”12 Millrose Gamesrunner13Adams who draws“Dilbert”18 Pricing word22Bus. card info 24 Journals onYouTube, say25German kingcalled “the Great”26 Common tomato-paste tomato27URL intro28“Vissi d’arte” is one322003 MichaelDouglas comedy34Mil. mail center35Kravitz with fourGrammys37Tiny bit,slangily38Not-for-saleCD, say39Miners’ finds41Taj Mahalfeature42Like softwareaccessed witha browser47Basilica bench49A8 automaker51Dish creators52Paris, to Romeo53Justice whosucceededO’Connor 54 Printer’s proof, forshort55“Encorepresentation”56 See 23-Across61“Don’t think so”63 PC “oops” key64“Hostel” directorRoth65Silent assent66Ball-bearing item Answers: Call 1-900-988-8300, 99 cents a minute; or, with a credit card, 1-800-320-4280. FOUR PARTSOF 41 CROSSWORD BY Frank Longo Wednesday’s Answer 1/25 © Andrews McMeel 1/26 CROSSWORDSONYOUR PHONEmobilegames.usatoday.com DIFFICULTYRATING Completethegridsothateveryrow,columnand3x3boxcontainsthenumbers1through9(norepeats). 1/26 1/25 SUDOKU FUSIONONYOUR PHONEmobilegames.usatoday.com Completethegridsothateveryrow,columnand3x2boxcontainsthenumbers1through6(norepeats). DIFFICULTYRATING 2 4 8 1 6 7 1 4 2 4 5 7 9 7 2 6 4 9 5 1 3 5 5 9 6 8 5 5 4 2 6 2 4 4 2 4 5 1 1 3 4 5 7 4 1 9 2 3 6 82 8 3 6 7 5 4 1 91 9 6 4 8 3 7 2 54 2 1 5 6 8 9 3 79 6 8 2 3 7 1 5 43 5 7 9 4 1 6 8 28 4 2 7 1 6 5 9 37 1 5 3 2 9 8 4 66 3 9 8 5 4 2 7 1 1 5 3 6 4 2 2 6 4 1 5 3 5 4 2 3 6 1 3 1 6 4 2 5 6 3 5 2 1 4 4 2 1 5 3 6 Wednesday’s Answers SUDOKU © Universal Uclick QUICKCROSS ByJohnWilmes 1/26 2007 Ellen Page movie From the top Popular dinner drink Actor Laurel 1975 Spielberg movie Military group “99 Luftballons” singer Actor Wilson Wednesday’s Answer 1/25 R E D S E C U P D R N O D U E T QUICKCROSSONYOUR PHONEmobilegames.usatoday.com © Universal Uclick IRON 1. 2. 3. 4. 5. 6. 7. PLAYONLINEPUZZLES.USATODAY.COM UP & DOWN WORDS ByDavidL.HoytandRussellL.Hoyt 1.Getthereaheadoftime2.WarmandsunnyFebruary,e.g.3.BusyweekatDaytonaBeach4.Ripinto5.Dentist’srequest6.Typeofcameralens7.Constructionbeam Clues:Wednesday’s Answer WEIRD SCIENCE TEST DRIVE UNDERWRAPSUP SCIENCETEST DRIVE UNDER WRAPSUPAGAINST ARRIVE 1/26 © Universal Uclick S B I L L Y U H U R A K C U O R C H A R D E C M H R L B H Y L N C O K C E R V U T E O I P R K C K O C T O S U S I E O O O R O J I J Z K V D D Y V C O B B L E R K I A J S J T R E E P I E C K L WORD ROUNDUP ByDavidL.HoytandJeffKnurek Wednesday’s answer:TREE FREE KNEE GLEE / MANITOBAONTARIO ALBERTA QUEBEC /TWENTYTHIRTYFORTYFIFTY/ DOLLAR PESOYEN / EASTWEST 1/26 Find and Circle:Seven original “StarTrek” charactersApple ____Two five-letter animals starting with B“Uptown Girl” song (first/last name)Film and camera company © Andrews McMeel Report puzzle problems to us atfeedback@usatoday.com or 1-800-872-7073 ©WIGGLES 3D GAMESDON’T QUOTE ME® Rearrangethewordstocompletethequote.Writer Robert Fulghumoffers this advice.BONES BREAK BREAK BUT HEARTS STONES WORDS STICKS AND___________MAY___________OUR ___________, ________ ___________WILL ___________OUR ___________. 1/26 Wednesday’sAnswer:“Adaywithoutanargumentislikeaneggwithoutsalt.”-AngelaCarter Visit us online: classifieds.usatoday.com FASHION SET YOUR APART. Advertise withUSA TODAY!800-397-0070 B R A ND Hiring Pump Truck Drivers inCT, NH, PA, NJ, MA, NC and NY This position is responsible for residential and commercial pumping anddisposal of non-hazardous waste and has direct contact with customers.Applicants Must:•At least 1 year licensed CDLClassAor B driver•Ability to obtain Tanker Endorsement• Prior job-related manual transmission drivingexperience• Physically able to lift 65 lbs. regularly andcomfortable working in all weather conditions• Pass employment drug test Our average driver makes over $70,000 annually At Wind River Environmental our goal is to overdeliver for our customers and have fun doing it. In addition to a great company culture, we offer great benefits.Plus Relocation Assistance. 1-800-499-1682. Apply Online:www.wrenvironmental.com/contact/current-openings/ CAREERS EMPLOYMENT NOTICES BUSINESS BUSINESS OPPORTUNITIES MASSIVE WEALTHI made a proven1.2 million in 12 months. Will trainProfessional serious business minded people onlyCall 800-486-9954 (24 hrs) PERSONALS Make a Connection Talk to Sexy Singles FREE now!Call 800-945-3147 www.livelinks.com 18+ The National Joint Powers Alliance® (NJPA), on behalfof NJPA and its current and potential member agencies,which includes all governmental, higher education,K-12 education, not-for-profit, tribal government, andall other public agencies located in all fifty states,Canada, and internationally, issues this Request ForProposal (RFP) to result in a national contract solutionfor the procurement of #031517 FACILITY SECURITYEQUIPMENT, SYSTEMS, AND SERVICES WITHRELATED EQUIPMENT AND SUPPLIES. Details ofthis RFP are available beginning January 26, 2017.Details may be obtained by letter of request to JonathanYahn, NJPA, 202 12th Street Northeast, P.O. Box 219,Staples, MN 56479, or by e-mail at RFP@njpacoop.org.Proposals will be received until March 15, 2017 at 4:30p.m. Central Time at the above address and openedMarch 16, 2017 at 8:30 a.m. Central Time. PUBLIC NOTICES PUBLIC NOTICES PUBLIC NOTICES Legal Notice ReorganizedRFSCorporation(“RFS”)givesnoticethaton January 12, 2017 RFS dissolved. Pursuant to 8 Del. C. § 280, RFS gives notice that any person having a legal claim, including all contingent contractual claims, against RFS must submit a written claim submission on or beforeApril 3, 2017.All claim submissions must be in writing, set forth both the substance of the claim and identity of the claimant with sufcient detail, and be mailed to Reorganized RFS Corporation c/o Hon. James A. Goodman, 19272 Chapel Creek Drive, Boca Raton, FL 33434. All written claims not received on or before March 28, 2017 will be barred and RFS may make distributions to other claimants and the stockholdersofRFSwithoutfurthernotice.Noticeisfurther given that in 2014, 2015 and 2016, RFS made aggregate annualdistributionsto its stockholdersin the amountof$0, $21,054,567.63 and $300,000.00, respectively. LEGAL NOTICES Region 4 Education Service Center (ESC), TX is requesting proposals fromqualifiedandexperiencedfirmsto provide Books (Conventional Bound/ eBooks) and Related Services (RFP No.17-07). In order to be considered, the Offeror must complete and submit its proposal to Region 4 ESC at the location indicated, prior to or at the exact date and time indicated in the solicitation documentation available at www.nationalipa.org PROPOSAL DUE DATE: MARCH 9, 2017, BEFORE 2:00 PM CENTRAL TIME Region 4 Education Service Center (ESC), TX is requesting proposals from qualified and experienced firms to provide Security System Services (RFP No.17-05). In order to be considered, the Offeror must complete and submit its proposal to Region 4 ESC at the location indicated, prior to or at the exact date and time indicated in the solicitation documentation available at www.nationalipa.org PROPOSAL DUE DATE: February 23, 2017, BEFORE 2:00 PM CENTRAL TIME 1 National Joint Powers Alliance® REQUEST FOR PROPOSAL for the procurement of FACILITY SECURITY EQUIPMENT, SYSTEMS, AND SERVICES WITH RELATED EQUIPMENT AND SUPPLIES RFP Opening MARCH 16, 2017 8:30 a.m. Central Time At the offices of the National Joint Powers Alliance® 202 12th Street Northeast, Staples, MN 56479 RFP #031517 The National Joint Powers Alliance® (NJPA), on behalf of NJPA and its current and potential member agencies, which includes all governmental, higher education, K-12 education, not-for-profit, tribal government, and all other public agencies located in all fifty states, Canada, and internationally, issues this Request For Proposal (RFP) to result in a national contract solution for the procurement of #031517 FACILITY SECURITY EQUIPMENT, SYSTEMS, AND SERVICES WITH RELATED EQUIPMENT AND SUPPLIES. Details of this RFP are available beginning January 26, 2017. Details may be obtained by letter of request to Jonathan Yahn, NJPA, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479, or by e-mail at RFP@njpacoop.org. Proposals will be received until March 15, 2017 at 4:30 p.m. Central Time at the above address and opened March 16, 2017 at 8:30 a.m. Central Time. RFP Timeline January 26, 2017 Publication of RFP in the print and online version of USA Today, in the print and online version of the Salt Lake News within the State of Utah, in the print and online version of the Daily Journal of Commerce within the State of Oregon (note: OR entities this pertains to: http://www.njpacoop.org/oregon-advertising), in the print and online version of The State within the State of South Carolina, the NJPA website, MERX, Noticetobidders.com, PublicPurchase.com, Biddingo, and Onvia. February 21, 2017 Pre-Proposal Conference (the webcast/conference call). The 10:00 a.m. CT connection information will be sent to all inquirers two business days before the conference. March 8, 2017 Deadline for RFP questions. March 15, 2017 Deadline for Submission of Proposals. Late responses will be 4:30 p.m. CT returned unopened. March 16, 2017 Public Opening of Proposals. 8:30 a.m. CT Direct questions regarding this RFP to: Jonathan Yahn at jonathan.yahn@njpacoop.org or (218)895-4144. 2 TABLE OF CONTENTS 1. DEFINITIONS A. Contract B. Proposer C. Sourced Good of Open Market Item D. Vendor 2. ADVERTISEMENT OF RFP 3. INTRODUCTION A. About NJPA B. Joint Exercise of Powers Laws C. Why Respond to a National Cooperative Procurement Contract D. The Intent of This RFP E. Scope of This RFP F. Expectations for Equipment/Products and Services Being Proposed G. Solutions Based Solicitation 4. INSTRUCTIONS FOR PREPARING YOUR PROPOSAL A. Inquiry Period B. Pre-Proposal Conference C. Identification of Key Personnel D. Proposer’s Exceptions to Terms and Conditions E. Proposal Format F. Questions & Answers About This RFP G. Modification or Withdrawal of a Submitted Proposal H. Proposal Opening Procedure I. NJPA’s Rights Reserved 5. PRICING A. Line-Item Pricing B. Percentage Discount From Catalog or Category C. Cost Plus a Percentage of Cost D. Hot List Pricing E. Ceiling Price F. Volume Price Discounts/ Additional Quantities G. Total Cost of Acquisition H. Sourced Equipment/Products/ Open Market Items I. Price and Product Changes J. Payment Terms K. Sales Tax L. Shipping 6. EVALUATION OF PROPOSALS A. Proposal Evaluation Process B. Proposer Responsiveness C. Proposal Evaluation Criteria D. Other Consideration E. Cost Comparison F. Marketing Plan G. Certificate Of Insurance H. Order Process and/or Funds Flow I. Administrative Fees J. Value Added K. Waiver of Formalities 7. POST AWARD OPERATING ISSUES A. Subsequent Agreements B. NJPA Member Sign-up Procedure C. Reporting of Sales Activity D. Audits E. Hub Partner F. Trade-Ins G. Out of Stock Notification H. Termination of a Contract resulting from this RFP 8. GENERAL TERMS AND CONDIITONS A. Advertising a Contract Resulting From This RFP B. Applicable Law C. Assignment of Contract D. List of Proposers E. Captions, Headings, and Illustrations F. Data Practices G. Entire Agreement H. Force Majeure I. Gratuities J. Hazardous Substances K. Licenses L. Material Suppliers and Sub-Contractors M. Non-Wavier of Rights N. Protests of Awards Made O. Suspension or Disbarment Status P. Affirmative Action and Immigration Status Certification Q. Severability R. Relationship of Parties 9. FORMS 10. PRE-SUBMISSION CHECKLIST 11. PRICE & PRODUCT CHANGE REQUEST FORM 12. APPENDIX A 3 1 DEFINITIONS A. CONTRACT Contract means this RFP, current pricing information, fully executed Forms C, D, F, & P from the Proposer’s response pursuant to this RFP, and a fully executed Form E (“Acceptance and Award”) with final terms and conditions. Form E will be executed after a formal award and will provide final clarification of terms and conditions of the award. B. PROPOSER A Proposer is a company, person, or entity delivering a timely response to this RFP. This RFP may also use the terms “respondent” or “proposed Vendor,” which is interchangeable with Proposer as the context allows. C. SOURCED GOOD or OPEN MARKET ITEM A Sourced Good or Open Market Item is a product within the RFP’s scope 1) that is not currently available under the Vendor’s NJPA contract, 2) that a member wants to buy under contract from an awarded Vendor, and 3) that is generally deemed incidental to the total transaction or purchase of contract items. D. VENDOR A Proposer whose response has been awarded a contract pursuant to this RFP. 4 2 ADVERTISEMENT OF RFP 2.1 NJPA advertises this solicitation: 1) in the hard copy print and online editions of the USA Today; 2) once each in Oregon’s Daily Journal of Commerce, South Carolina’s The State and Utah’s Salt Lake Tribune; 3) on NJPA’s website; and 4) on other third-party websites deemed appropriate by NJPA. Other third-party advertisers may include Onvia, PublicPurchase.com, MERX, and Biddingo. 2.2 NJPA also notifies and provides solicitation documentation to each state-level procurement departments for possible re-posting of the solicitation within their systems and at their option for future use and to meet specific state requirements. 3 INTRODUCTION A. ABOUT NJPA 3.1 The National Joint Powers Alliance® (NJPA) is a public agency serving as a national municipal contracting agency established under the Service Cooperative statute by Minnesota Legislative Statute §123A.21 with the authority to develop and offer, among other services, cooperative procurement services to its membership. Eligible membership and participation includes states, cities, counties, all government agencies, both public and non-public educational agencies, colleges, universities and non-profit organizations. 3.2 Under the authority of Minnesota state laws and enabling legislation, NJPA facilitates a competitive solicitation and contracting process on behalf of the needs of itself and the needs of current and potential member agencies nationally. This process results in national procurement contracts with various Vendors of products/equipment and services which NJPA Member agencies desire to procure. These procurement contracts are created in compliance with applicable Minnesota Municipal Contracting Laws. A complete listing of NJPA cooperative procurement contracts can be found at www.njpacoop.org. 3.3 NJPA is a public agency governed by publicly elected officials that serve as the NJPA Board of Directors. NJPA’s Board of Directors oversees and authorizes the calls for all new proposals and holds those resulting Contracts for the benefit of its own and its Members use. 3.4 NJPA currently serves over 50,000 member agencies nationally. Both membership and utilization of NJPA contracts continue to expand, due in part to the increasing acceptance of Cooperative Purchasing throughout the government and education communities nationally. B. JOINT EXERCISE OF POWERS LAWS 3.5 NJPA cooperatively shares those contracts with its Members nationwide through various Joint Exercise of Powers Laws or Cooperative Purchasing Statutes established in Minnesota, other states and Canadian provinces. The Minnesota Joint Exercise of Powers Law is Minnesota Statute §471.59 which states “Two or more governmental units…may jointly or cooperatively exercise any power common to the contracting parties…” This Minnesota Statute allows NJPA to serve Member agencies located in all other states. Municipal agencies nationally can participate in cooperative purchasing activities under their own state law. These laws can be found on our website at http://www.njpacoop.org/national-cooperative-contract-solutions/legal-authority/. C. WHY RESPOND TO A NATIONAL COOPERATIVE PROCUREMENT CONTRACT 3.6 National Cooperative Procurement Contracts create value for Municipal and Public Agencies, as well as for Vendors of products/equipment and services in a variety of ways: 5 3.6.1 National cooperative contracts potentially save time and effort for municipal and public agencies, who otherwise would have to solicit vendor responses to individual RFPs, resulting in individual contracts, to meet the procurement needs of their respective agencies. Considerable time and effort is also potentially saved by the Vendors who would have had to otherwise respond to each of those individual RFPs. A single, nationally advertised RFP, resulting in a single, national cooperative contract can potentially replace thousands of individual RFPs for the same equipment/products/services that might have been otherwise advertised by individual NJPA member agencies. 3.6.2 NJPA contracts offer our Members nationally leveraged volume purchasing discounts. Our contract terms and conditions offer the opportunity for Vendors to recognize individual member procurement volume commitment through additional volume based contract discounts. 3.7 State laws that permit or encourage cooperative purchasing contracts do so with the belief that cooperative efficiencies will result in lower prices, better overall value, and considerable time savings. 3.8 The collective purchasing power of thousands of NJPA Member agencies nationwide offers the opportunity for volume pricing discounts. Although no sales or sales volume is guaranteed by an NJPA Contract resulting from this RFP, substantial volume is anticipated and volume pricing is requested and justified. 3.9 NJPA and its Members desire the best value for their procurement dollar as well as a competitive price. Vendors have the opportunity to display and highlight value-added attributes of their company, equipment/products and services without constraints of a typical individual proposal process. D. THE INTENT OF THIS RFP 3.10. National contract awarded by NJPA: NJPA seeks the most responsive and responsible Vendor relationship(s) to reflect the best interests of NJPA and its Member agencies. Through a competitive proposal and evaluation process, the NJPA Proposal Evaluation Committee recommends vendors for a national contract awarded by the action of the NJPA Chief Procurement Officer. NJPA’s primary intent is to establish and provide a national cooperative procurement contract that offer opportunities for NJPA and our current and potential Member agencies throughout the United States and Canada to procure quality product/equipment and services as desired and needed. The contracts will be marketed nationally through a cooperative effort between the awarded vendor(s) and NJPA. Contracts are expected to offer price levels reflective of the potential and collective volume of NJPA and the nationally established NJPA membership base. 3.11 Beyond our primary intent, NJPA further desires to: 3.11.1 Award a four-year contract with a fifth-year contract option resulting from this RFP. Any fifth-year extension is exercised at NJPA’s discretion and results from NJPA’s contracting needs or from Member requests; this extension is not intended merely to accommodate an awarded Vendor’s request. If NJPA grants a fifth-year extension, it may also terminate the contract (or cause it to expire) within the fifth year if the extended contract is replaced by a resolicited or newly solicited contract. In exigent circumstances, NJPA may petition NJPA’s Board of Directors to extend the contract term beyond five years. This rarely used procedure should be employed only to avoid a gap in contract coverage while a replacement contract is being solicited; 3.11.2 Offer and apply any applicable technological advances throughout the term of a contract resulting from this RFP; 6 3.11.3 Deliver “Value Added” aspects of the company, equipment/products and services as defined in the “Proposer’s Response”; 3.11.4 Deliver a wide spectrum of solutions to meet the needs and requirements of NJPA and NJPA Member agencies; and 3.11.5 Award an exclusive contract to the most responsive and responsible vendor when it is deemed to be in the best interest of NJPA and the NJPA Member agencies. 3.12 Exclusive or Multiple Awards: Based on the scope of this RFP and on the responses received, NJPA may award either an exclusive contract or multiple contracts. In some circumstances, a single national supplier may best meet the needs of NJPA Members; in other situations, multiple vendors may be in the best interests of NJPA and the NJPA Members and preferred by NJPA to provide the widest array of solutions to meet the member agency’s needs. NJPA retains sole discretion to determine which approach is in the best interests of NJPA Member agencies. 3.13 Non-Manufacturer Awards: NJPA reserves the right to make an award under this RFP to a non-manufacturer or dealer/distributor if such action is in the best interests of NJPA and its Members. 3.14 Manufacturer as a Proposer: If the Proposer is a manufacturer or wholesale distributor, the response received will be evaluated on the basis of a response made in conjunction with that manufacturer’s authorized dealer network. Unless stated otherwise, a manufacturer or wholesale distributor Proposer is assumed to have a documented relationship with their dealer network where that dealer network is informed of, and authorized to accept, purchase orders pursuant to any Contract resulting from this RFP on behalf of the manufacturer or wholesale distributor Proposer. Any such dealer will be considered a sub-contractor of the Proposer/Vendor. The relationship between the manufacturer and wholesale distributor Proposer and its dealer network may be proposed at the time of the submission if that fact is properly identified. 3.15 Dealer/Reseller as a Proposer: If the Proposer is a dealer or reseller of the products and/or services being proposed, the response will be evaluated based on the Proposer’s authorization to provide those products and services from their manufacturer. When requested by NJPA, Proposers must document their authority to offer those products and/or services. E. SCOPE OF THIS RFP 3.16 Scope: The scope of this RFP is to award a contract to a qualifying vendor defined as a manufacturer, provider, or dealer/distributor, established as a Proposer, and deemed responsive and responsible through our open and competitive proposal process. Vendors will be awarded contracts based on the proposal and responders demonstrated ability to meet the expectations of the RFP and demonstrate the overall highest valued solutions which meet and/or exceed the current and future needs and requirements of NJPA and its Member agencies nationally within the scope of FACILITY SECURITY EQUIPMENT, SYSTEMS, AND SERVICES WITH RELATED EQUIPMENT AND SUPPLIES. 3.17 Additional Scope Definitions: For purposes of the scope of this solicitation: 3.17.1 In the overall context of FACILITY SECURITY EQUIPMENT, SYSTEMS, AND SERVICES WITH RELATED EQUIPMENT AND SUPPLIES, this solicitation should be read to include, but not to be limited to: 3.17.1.1 Systems for surveillance, access control, intrusion/breach detection, fire detection and warning, fire suppression, vehicle barrier control, building automation, security gate control, and (where applicable) monitoring services associated with such systems. 7 3.17.2 NJPA reserves the right to limit the scope of this solicitation for NJPA and current and potential NJPA member agencies. 3.17.2.1 This solicitation is not intended to include earthquake detection, monitoring, or warning, and respondents must not propose more than an incidental offering of security guard services. 3.18 Overlap of Scope: When considering equipment/products/services, or groups of equipment/ products/services submitted as a part of your response, and whether inclusion of such will fall within a “Scope of Proposal,” please consider the validity of an inverse statement. 3.18.1 For example, pencils and post-it-notes can generally be classified as office supplies and office supplies generally include pencils and post-it-notes. 3.18.2 In contrast, computers (PCs and peripherals) can generally be considered office supplies; however, the scope of office supplies does not generally include computer servers and infrastructure. 3.18.3 In conclusion: With this in mind, individual products and services must be examined individually by NJPA, from time to time and in its sole discretion, to determine their compliance and fall within the original “Scope” as intended by NJPA. 3.19 Best and Most Responsive – Responsible Proposer: It is the intent of NJPA to award a Contract to the best and most responsible and responsive Proposer(s) offering the best overall quality and selection of equipment/products and services meeting the commonly requested specifications of the NJPA and NJPA Members, provided the Proposer’s Response has been submitted in accordance with the requirements of this RFP. Qualifying Proposers who are able to anticipate the current and future needs and requirements of NJPA and NJPA member agencies; demonstrate the knowledge of any and all applicable industry standards, laws and regulations; and possess the willingness and ability to distribute, market to and service NJPA Members in all 50 states are preferred. NJPA requests proposers submit their entire product line as it applies and relates to the scope of this RFP. 3.20 Sealed Proposals: NJPA will receive sealed proposal responses to this RFP in accordance with accepted standards set forth in the Minnesota Procurement Code and Uniform Municipal Contracting Law. Awards may be made to responsible and responsive Proposers whose proposals are determined in writing to be the most advantageous to NJPA and its current or qualifying future NJPA Member agencies. 3.21 Use of Contract: Any Contract resulting from this solicitation shall be awarded with the understanding that it is for the sole convenience of NJPA and its Members. NJPA and/or its members reserve the right to obtain like equipment/products and services solely from this contract or from another contract source of their choice or from a contract resulting from their own procurement process. 3.22 Awarded Vendor’s interest in a contract resulting from this RFP: Awarded Vendors will be able to offer to NJPA, and current and potential NJPA Members, only those products/equipment and services specifically awarded on their NJPA Awarded Contract(s). Awarded Vendors may not offer as “contract compliant,” products/equipment and services which are not specifically identified and priced in their NJPA Awarded Contract. 3.23 Sole Source of Responsibility- NJPA desires a “Sole Source of Responsibility” Vendor. This means that the Vendor will take sole responsibility for the performance of delivered equipment/products/ services. NJPA also desires sole responsibility with regard to: 3.23.1 Scope of Equipment/Products/Services: NJPA desires a provider for the broadest possible scope of products/equipment and services being proposed over the largest possible geographic area and to the largest possible cross-section of NJPA current and potential Members. 8 3.23.2 Vendor use of sub-contractors in sourcing or delivering equipment/product/services: NJPA desires a single source of responsibility for equipment/products and services proposed. Proposers are assumed to have sub-contractor relationships with all organizations and individuals whom are external to the Proposer and are involved in providing or delivering the equipment/products/services being proposed. Vendor assumes all responsibility for the equipment/products/services and actions of any such Sub- Contractor. Suggested Solutions Options include: 3.24.1 Multiple solutions to the needs of NJPA and NJPA Members are possible. Examples could include: 3.24.1.1 Equipment/Products Only Solution: Equipment/Products Only Solution may be appropriate for situations where NJPA or NJPA Members possess the ability, either in-house or through local third party contractors, to properly install and bring to operation those equipment/products being proposed. 3.24.1.2 Turn-Key Solutions: A Turn-Key Solution is a combination of equipment/products and services that provides a single price for equipment/products, delivery, and installation to a properly operating status. Generally this is the most desirable solution because NJPA and NJPA Members may not possess, or desire to engage, personnel with the necessary expertise to complete these tasks internally or through other independent contractors 3.24.1.3 Good, Better, Best: Where appropriate and properly identified, Proposers may offer the choice “of good, better, best” multiple-grade solutions to meet NJPA Members’ needs. 3.24.1.4 Proven – Accepted – Leading-Edge Technology: Where appropriate and properly identified, Proposers may provide a spectrum of technology solutions to complement or enhance the proposed solutions to meet NJPA Members’ needs. 3.24.2 If applicable, Contracts will be awarded to Proposer(s) able to deliver a proposal meeting the entire needs of NJPA and its Members within the scope of this RFP. NJPA prefers Proposers submit their complete product line of products and services described in the scope of this RFP. NJPA reserves the right to reject individual, or groupings of specific equipment/products and services proposals as a part of the award. 3.25 Geographic Area to be Proposed: This RFP invites proposals to provide FACILITY SECURITY EQUIPMENT, SYSTEMS, AND SERVICES WITH RELATED EQUIPMENT AND SUPPLIES to NJPA and NJPA Members throughout the entire United States and possibly internationally. Proposers will be expected to express willingness to explore service to NJPA Members located abroad; however the lack of ability to serve Members outside of the United States will not be cause for non-award. The ability and willingness to serve Canada, for instance, will be viewed as a value-added attribute. 3.26 Contract Term: At NJPA’s option, a Contract resulting from this RFP will become effective either on the date awarded by the NJPA Board of Directors or on the day following the expiration date of an existing NJPA procurement contract for the same or similar product/equipment and services. 3.26.1 NJPA is seeking a Contract base term of four years as allowed by Minnesota Contracting Law. Full term is expected. However, one additional one-year renewal/extension may be offered by NJPA to Vendor beyond the original four year term if NJPA deems such action to be in the best interests of NJPA and its Members. NJPA reserves the right to conduct periodic business reviews throughout the term of the contract. 9 3.27 Minimum Contract Value: NJPA anticipates considerable activity resulting from this RFP and subsequent award; however, no commitment of any kind is made concerning actual quantities to be acquired. NJPA does not guarantee usage. Usage will depend on the actual needs of the NJPA Members and the value of the awarded contract. 3.28 [This section is intentionally blank.] 3.29 Contract Availability: This Contract must be available to all current and potential NJPA Members who choose to utilize this NJPA Contract to include all governmental and public agencies, public and private primary and secondary education agencies, and all non-profit organizations nationally. 3.30 Proposer’s Commitment Period: In order to allow NJPA the opportunity to evaluate each proposal thoroughly, NJPA requires any response to this solicitation be valid and irrevocable for ninety (90) days after the date proposals are opened. F. EXPECTATIONS FOR EQUIPMENT/PRODUCTS AND SERVICES BEING PROPOSED 3.31 Industry Standards: Except as contained herein, the specifications or solutions for this RFP shall be those accepted guidelines set forth by the FACILITY SECURITY EQUIPMENT, SYSTEMS, AND SERVICES WITH RELATED EQUIPMENT AND SUPPLIES industry, as they are generally understood and accepted within that industry across the nation. Submitted products/equipment, related services and accessories, and their warranties and assurances are required to meet and/or exceed all current, traditional and anticipated standards, needs, expectations, and requirements of NJPA and its Members. 3.31.1 Deviations from industry standards must be identified by the Proposer and explained how, in their opinion, the equipment/products and services they propose will render equivalent functionality, coverage, performance, and/or related services. Failure to detail all such deviations may comprise sufficient grounds for rejection of the entire proposal. 3.31.2 Technical Descriptions/Specifications. Excessive technical descriptions and specifications that unduly enlarge the proposal response may cause NJPA to reduce the evaluation points awarded on Form G. Proposers must supply sufficient information to: 3.31.2.1 demonstrate the Proposer’s knowledge of industry standards and Member agency needs and expectations; 3.31.2.2 identify the equipment/products and services being proposed as applicable to the needs and expectations of NJPA Member agencies; and 3.31.2.3 differentiate equipment/products and services from other industry manufacturers and providers. 3.32 New Current Model Equipment/Products: Proposals submitted shall be for new, current model equipment/products and services with the exception of certain close-out products allowed to be offered on the Proposer’s “Hot List” described herein. 3.33 Compliance with laws and standards: All items supplied on this Contract shall comply with any current applicable safety or regulatory standards or codes. 3.34 Delivered and operational: Products/equipment offered herein are to be proposed based upon being delivered and operational at the NJPA Member’s site. Exceptions to “delivered and operational” must be clearly disclosed in the “Total Cost of Acquisition” section of the proposal. 3.35 Warranty: The Proposer warrants that all products, equipment, supplies, and services delivered under this Contract shall be covered by the industry standard or better warranty. All products and equipment 10 should carry a minimum industry standard manufacturer’s warranty that includes materials and labor. The Proposer has the primary responsibility to submit product specific warranty as required and accepted by industry standards. Dealer/Distributors agree to assist the purchaser in reaching a solution in a dispute over warranty’s terms with the manufacturer. Any manufacturer’s warranty that is effective past the expiration of the warranty will be passed on to the NJPA member. Failure to submit a minimum warranty may result in non-award. 3.36 Additional Warrants: The Proposer warrants that all products/equipment and related services furnished hereunder will be free from liens and encumbrances; defects in design, materials, and workmanship; and will conform in all respects to the terms of this RFP including any specifications or standards. In addition, Proposer/Vendor warrants the products/equipment and related services are suitable for and will perform in accordance with the ordinary use for which they are intended. G. SOLUTIONS-BASED SOLICITATION 3.37 The NJPA solicitation and contract award process is not based on detailed specifications. Instead, this RFP is a “Solutions-Based Solicitation.” NJPA expects respondents to understand and anticipate the current and future needs of NJPA and its members—within the scope of this RFP—and to propose solutions that are commonly desired or required by law or industry standards. Proposal will be evaluated in part on your demonstrated ability to meet or exceed the needs and requirements of NJPA and our member agencies within the defined scope of this RFP. 3.38 While NJPA does not typically provide product and service specifications, the RFP may contain scope refinements and industry-specific questions. Where specific items are specified, those items should be considered the minimum required, which the proposal can exceed in order to meet Members’ needs. NJPA may award all of the respondent’s proposal or may limit the award to a subset of the proposal. 4 INSTRUCTIONS FOR PREPARING YOUR PROPOSAL A. INQUIRY PERIOD 4.1 The inquiry period begins on the date of first advertisement and continues until to the Deadline for Submission.” RFP packages will be distributed to potential Vendors during the inquiry period. B. PRE-PROPOSAL CONFERENCE 4.2 A pre-proposal conference will be held at the date and time specified in the timeline on page one of this RFP. Conference information will be sent to all potential Proposers, and attendance is optional. The purpose of this conference is to allow potential Proposers to ask questions regarding this RFP and NJPA’s competitive contracting process. Only answers issued in writing by NJPA to questions asked before or during the pre-proposal conference are binding on the parties to an awarded contract. C. IDENTIFICATION OF KEY PERSONNEL 4.3 Awarded Vendors will designate one senior staff member to represent the Vendor to NJPA. This contact person will correspond with members for technical assistance, questions, or concerns that may arise, including instructions regarding different contacts for different geographical areas or product lines. 4.4 These designated individuals should also act as the primary contact for marketing, sales, and any other area deemed essential by the Proposer and NJPA. D. PROPOSER’S EXCEPTIONS TO TERMS AND CONDITIONS 11 4.5 Any exceptions, deviations, or contingencies regarding this RFP that a Proposer requests must be documented on Form C, Exceptions To Proposal, Terms, Conditions And Solutions Request. 4.6 Exceptions, deviations or contingencies requested in the Proposer’s response, while possibly necessary in the view of the Proposer, may result in lower scoring or disqualification of a proposal. E. PROPOSAL FORMAT 4.7 All Proposers must examine the entire RFP package to seek clarification of any item or requirement that may not be clear and to check all responses for accuracy before submitting a proposal. 4.8 All proposals must be properly labeled and sent to “The National Joint Powers Alliance, 202 12th Street NE Staples, MN 56479.” 4.9 All proposals must be physically delivered to NJPA at the above address with all required hard copy documents and signature forms/pages inserted as loose pages at the front of the Vendor’s response. The proposal must include these items. 4.9.1 Hard copy original of completed, signed, and dated Forms C, D, F; hard copy of the signed signature-page only from Forms A and P from this RFP; 4.9.2 Signed hard copies of all addenda issued for the RFP; 4.9.3 Hard copy of Certificate of Insurance verifying the coverage identified in this RFP; and 4.9.4 A complete copy of your response on a flash drive (or other approved electronic means). The electronic copy must contain completed Forms A, B, C, D, F, and P, your statement of products and pricing (including apparent discount), and all appropriate attachments. In order to ensure that your full response is evaluated, you must provide an electronic version of any material that you provide in a hard copy format. As a public agency, NJPA’s proposals, responses, and awarded contracts are a matter of public record, except for such data that is classified as nonpublic. Accordingly, public data is available for review through a properly submitted public records request. To redact nonpublic information from your proposal (under Minnesota Statute §13.37), you must make your request within thirty (30) days of the contract award or non-award date. 4.10 All Proposal forms must be submitted in English and must be legible. All appropriate forms must be executed by an authorized signatory of the Proposer. Blue ink is preferred for signatures. 4.11 Proposal submissions should be submitted using the electronic forms provided. Proposers that use alternative documents are responsible for ensuring that the content is substantially similar to the NJPA form and that the document is readable by NJPA. 4.12 The Proposer must ensure that the proposal is in the physical possession of NJPA before the submission deadline. 4.12.1 Proposals must be submitted in a sealed envelope or box properly addressed to NJPA and prominently identifying the proposal number, proposal category name, the message “Hold for Proposal Opening,” and the deadline for proposal submission. NJPA is not responsible for untimely proposals. Proposals received by the deadline for proposal submission will be opened and the name of each Proposer and other appropriate information will be publicly read. 12 4.13 Proposers are responsible for checking directly with the NJPA website for any addendums to this RFP. Addendums to this RFP can change the terms and conditions of the RFP, including the proposal submission deadline. F. QUESTIONS AND ANSWERS ABOUT THIS RFP 4.14 Upon examination of this RFP document, Proposer should promptly notify NJPA of any ambiguity, inconsistency, or error they may discover. Interpretations, corrections, and changes to this RFP will be considered by NJPA through a written addendum. Interpretations, corrections, or changes that are made in any other manner are not binding, and Proposers must not rely on them. 4.15 Submit all questions about this RFP, in writing, referencing FACILITY SECURITY EQUIPMENT, SYSTEMS, AND SERVICES WITH RELATED EQUIPMENT AND SUPPLIES to Jonathan Yahn at NJPA 202 12th Street NE, Staples, MN 56479 or to RFP@njpacoop.org. You may also call Jonathan Yahn at (218) 895-4144. NJPA urges potential Proposers to communicate all concerns well in advance of the submission deadline to avoid misunderstandings. Questions received within seven (7) days before the submission deadline generally cannot be answered. NJPA may, however, field purely procedural questions, questions about NJPA-issued addenda, or questions involving a Proposer withdrawing its response before the RFP submission deadline. 4.16 If NPJA deems that its answer to a question has a material impact on other potential Proposers or on the RFP itself, NJPA will create an addendum to this RFP. 4.17 If NJPA deems that its answer to a question merely clarifies the existing terms and conditions and does not have a material impact on other potential Proposers or the RFP itself, no further documentation of that question is required. 4.18 Addenda are written instruments issued by NJPA that modify or interpret the RFP. All addenda issued by NJPA become a part of the RFP. Addenda will be delivered to all Potential Proposers using the same method of delivery of the original RFP material. NJPA accepts no liability in connection with the delivery of any addenda. Copies of addenda will also be made available on the NJPA website at www.njpacoop.org (under “Current and Pending Solicitations”) and from the NJPA offices. All Proposers must acknowledge their receipt of all addenda in their proposal response. 4.19 Any amendment to a submitted proposal must be in writing and must be delivered to NJPA by the RFP submission deadline. 4.20 through 4.21 [These sections are intentionally blank.] G. MODIFICATION OR WITHDRAWAL OF A SUBMITTED PROPOSAL 4.22 A submitted proposal must not be modified, withdrawn, or cancelled by the Proposer for a period of ninety (90) days following the date proposals were opened. Before the deadline for submission of proposals, any proposal submitted may be modified or withdrawn by notice to the NJPA Contracts and Compliance Manager. Such notice must be submitted in writing and must include the signature of the Proposer. The notice must be delivered to NJPA before the deadline for submission of proposals and must be so worded as not to reveal the content of the original proposal. The original proposal will not be physically returned to the potential Proposer until after the official proposal opening. Withdrawn proposals may be resubmitted up to the time designated for the receipt of the proposals if they fully conform with the proposal instructions. H. PROPOSAL OPENING PROCEDURE 4.23 Sealed and properly identified responses for this RFP entitled FACILITY SECURITY EQUIPMENT, SYSTEMS, AND SERVICES WITH RELATED EQUIPMENT AND SUPPLIES will be received by Jonathan Yahn, Contracts and Compliance Manager, at NJPA Offices, 202 12th Street NE, Staples, MN 13 56479 until the deadline identified on page one of this RFP. All Proposal responses must be submitted in a sealed package. The outside of the package must plainly identify FACILITY SECURITY EQUIPMENT, SYSTEMS, AND SERVICES WITH RELATED EQUIPMENT AND SUPPLIES and the RFP number. To avoid premature opening, the Proposer must label the Proposal response properly. NJPA documents the receipt of proposals by immediately time- and date-stamping them with an atomic clock. At the time of the public opening, the NJPA Director of Contracts and Marketing or a representative from the NJPA Proposal Evaluation Committee will read the Proposer’s names aloud and will determine whether each submission has met Level-1 responsiveness. I. NJPA’S RIGHTS RESERVED 4.24 NJPA may exercise the following rights with regard to the RFP. 4.24.1 Reject any and all proposals received in response to this RFP; 4.24.2 Disqualify any Proposer whose conduct or proposal fails to conform to the requirements of this RFP; 4.24.3 Duplicate without limitation all materials submitted for purposes of RFP evaluation, and duplicate all public information in response to data requests regarding the proposal; 4.24.4 Consider and accept for evaluation a late modification of a proposal if 1) the proposal itself was submitted on time, 2) the modifications were requested by NJPA, and 3) the modifications make the terms of the proposal more favorable to NJPA or its members; 4.24.5 Waive any non-material deviations from the requirements and procedures of this RFP; 4.24.6 Extend the Contract, in increments determined by NJPA, not to exceed a total Contract term of five years; 4.24.7 Cancel the Request for Proposal at any time and for any reason with no cost or penalty to NJPA; 4.24.8 Correct or amend the RFP at any time with no cost or penalty to NJPA. If NJPA corrects or amends any segment of the RFP after submission of proposals and before the announcement of the awarded Vendor, all proposers will be afforded a reasonable opportunity to revise their proposals in order to accommodate the RFP amendment and the new submission dates. NJPA will not be liable for any errors in the RFP or other responses related to the RFP; and 4.24.9 Extend proposal due dates. 5 PRICING 5.1 NJPA requests that potential Proposers respond to this RFP only if they are able to offer a wide array of products and services at lower prices and with better value than what they would ordinarily offer to a single government agency, a school district, or a regional cooperative. 5.2 This RFP requests pricing for an indefinite quantity of products or related services with potential national sales distribution and service. While most RFP categories represent significant sales opportunities, NJPA makes no guarantees about the quantity of products or services that members will purchase. The estimated annual value of this contract is $55 Million. Vendors are expected to anticipate additional volume through potential government, educational, and not-for-profit agencies that would find value in a national contract awarded by NJPA. 14 5.3 Regardless of the payment method selected by NJPA or an NJPA member, the total cost associated with any purchase option of the products and services must always be disclosed in the proposal and at the time of purchase. 5.4 All proposers must submit “Primary Pricing” in the form of either “Line-Item Pricing,” or “Percentage Discount from Catalog Pricing,” or a combination of these pricing strategies. Proposers are also encouraged to offer optional pricing strategies such as “Hot List,” “Sourced Products,” and “Volume Discounts,” as well as financing options such as leasing. All pricing documents should include a clear effective date. A. LINE-ITEM PRICING 5.5 Line-item pricing is a pricing format in which individual products or services are offered at specific Contract prices. Products or services are individually priced and described by characteristics such as manufacture name, stock or part number, size, or functionality. This method of pricing may offer the least amount of confusion, but Proposers with a large number of items may find this method cumbersome. In these situations, a percentage discount from catalog or category pricing model may make more sense and may increase the clarity of the contract pricing format. 5.6 All line-item pricing items must be numbered, organized, sectioned (including SKUs, when applicable), and prepared to be easily understood by the Evaluation Committee and members. 5.7 Submit Line-Item Pricing items in an Excel spreadsheet format and include all appropriate identification information necessary to discern the line item from other line items in each Responder’s proposal. 5.8 Line-item pricing must be submitted to NJPA in a searchable spreadsheet format (e.g., Microsoft® Excel®) in order to facilitate quickly finding any particular item of interest. For that reason, Proposers are responsible for providing the appropriate product and service identification information along with the pricing information that is typically found on an invoice or price quote for such product or services. 5.9 All products or services typically appearing on an invoice or price quote must be individually priced and identified on the line-item price sheet, including any and all ancillary costs. 5.10 Proposers should provide both a published “List Price” as well as a “Proposed Contract Price” in their pricing matrix. Published List Price will be the standard “quantity of one” price currently available to government and educational customers, excluding cooperative and volume discounts. B. PERCENTAGE DISCOUNT FROM CATALOG OR CATEGORY 5.11 This pricing model involves a specific percentage discount from a catalog or list price, defined as a published Manufacturer’s Suggested Retail Price (MSRP) for the products or services being proposed. 5.12 Individualized percentage discounts can be applied to any number of defined product groupings. 5.13 A percentage discount from MSRP may be applied to all elements identified in MSRP, including all manufacturer options applicable to the products or services. 5.14 When a Proposer elects to use “Percentage Discount from Catalog or Category,” Proposer will be responsible for providing and maintaining current published MSRP with NJPA, and this pricing must be included in its proposal and provided throughout the term of any Contract resulting from this RFP. C. COST PLUS A PERCENTAGE OF COST 5.15 “Cost plus a percentage of cost” as a primary pricing mechanism is not desirable. It is, however, acceptable for pricing sourced goods or services. 15 D. HOT LIST PRICING 5.16 Where applicable, a Vendor may opt to offer a specific selection of products or services, defined as “Hot List” pricing, at greater discounts than those listed in the standard Contract pricing. All product and service pricing, including the Hot List Pricing, must be submitted electronically in a format that is acceptable to NJPA. Hot List pricing must be submitted in a line-item format. Products and services may be added or removed from the Hot List at any time through an NJPA Price and Product Change Form. 5.17 Hot List program and pricing may also be used to discount and liquidate close-out and discontinued products and services as long as those close-out and discontinued items are clearly labeled as such. Current ordering process and administrative fees apply. This option must be published and made available to all NJPA Members. E. CEILING PRICE 5.18 Proposal pricing is to be established as a ceiling price. At no time may the proposed products or services be offered under this Contract at prices above this ceiling price without a specific request and approval by NJPA. Contract prices may be reduced at any time, for example, to reflect volume discounts or to meet the needs of an NJPA Member. 5.19 [This section is intentionally blank.] F. VOLUME PRICE DISCOUNTS / ADDITIONAL QUANTITIES 5.20 through 5.23 [These sections are intentionally blank.] G. TOTAL COST OF ACQUISITION 5.24 The Total Cost of Acquisition for the equipment/products and related services being proposed, including those payable by NJPA Members to either the Proposer or a third party, is the cost of the proposed equipment/products product/equipment and related services delivered and operational for its intended purpose in the end-user’s location. For example, if you are proposing equipment/products FOB Proposer’s dock, your proposal should reflect that the contract pricing does not provide for delivery beyond Proposer’s dock, nor any set-up activities or costs associated with those delivery or set-up activities. Any additional costs for delivery and set-up should be clearly disclosed. In contrast, a proposal could state that there are no additional costs of acquisition if the product is delivered to and operational at the end-user’s location. H. SOURCED GOOD or OPEN MARKET ITEM 5.25 A Sourced Good or an Open Market Item is a product that a member wants to buy under contract that is not currently available under the Vendor’s NJPA contract. This method of procurement can be satisfied through a contract sourcing process. Sourcing options serve to provide a more complete contract solution to meet our members’ needs. Sourced items are generally deemed incidental to the total transaction or purchase of contract items. 5.26 NJPA or NJPA Members may request products, equipment, and related services that are within the related scope of this RFP, even if they are not included in an awarded Vendor’s line-item price list or catalog. These items are known as Sourced Goods or Open Market Items. 5.27 An awarded Vendor may source such items to the extent that the items are identified as “Sourced Products/Equipment” or “Open Market Items” on any quotation issued in reference to an NJPA awarded contract, and that this information is provided to either NJPA or an NJPA Member. NJPA is not responsible for determining whether a Sourced Good is an incidental portion of the overall purchase or whether a Member is able to consider a Sourced Good a purchase under an NJPA contract. 16 5.28 “Cost plus a percentage” pricing is an acceptable option in pricing of Sourced Goods. I. PRODUCT & PRICE CHANGES 5.29 Awarded Vendors may request product or service changes, additions, or deletions at any time throughout the contract term. All requests must be made in written format by completing the NJPA Price and Product Change Request Form (located at the end of this RFP and on the NJPA website), signed by an authorized Vendor representative. All changes are subject to review and approval by NJPA. Submit your requests through email to your assigned Contract Manager and to PandP@njpacoop.org. 5.30 NJPA will determine whether the request is both within the scope of the original RFP and in the best interests of NJPA and NJPA Members. Approved Price and Product Change Request Forms will be returned to the Vendor contact through email. 5.31 The Vendor must 1) complete this change request form and individually list or attach all items subject to change, 2) provide a sufficiently detailed explanation and documentation for the change, and 3) include a compete restatement of pricing document in appropriate format (preferably Excel). The pricing document must identify all products and services being offered and must conform to the following NJPA product and price change naming convention: (Vendor Name) (NJPA Contract #) (effective pricing date); for example, “COMPANY 012411-CPY effective 02-12-2016.” 5.32 The new pricing restatement must include all products and services offered, even for those items whose pricing remains unchanged, and must include a new effective date on the pricing documents. This requirement reduces confusion by providing a single, current pricing sheet for each vendor and creates a historical record of pricing. 5.33 ADDITIONS. New products and related services may be added to a Contract resulting from this RFP at any time during that Contract term to the extent that those products and related services are within the scope of this RFP. Allowable new products and related services generally include updated models of products and enhanced services that reflect new technology and improved functionality. 5.34 DELETIONS. New products and related services may be deleted from a contract if an item is no longer available. 5.35 PRICE CHANGES. A Vendor may request pricing changes by providing reasonable justification for the change. For example, a request for a 3% increase in a product line that relies heavily on petroleum products may be reasonable if the raw cost of required petroleum products has increased substantially. Conversely, a request for a 3% increase in prices based only on a 3% increase in a cost-of-living index may be considered unreasonable. Although NJPA is sensitive to the possibility of fluctuations in raw material costs, prospective Vendors should make every reasonable attempt to account for normal cost changes by proposing pricing that will be effective throughout the duration of the four-year Contract. 5.35.1 Price decreases: NJPA expects Vendors to propose their very best prices and anticipates price reductions that are due to advancement in technology and marketplace efficiencies. 5.35.2 Price increases: A Vendor must include reasonable documentation for price-increase requests, along with both current and proposed pricing. Appropriate documentation should be attached to the Price and Product Change Request Form, including letters from suppliers announcing price increases. Price increases must not exceed the industry standard. 5.36 through 5.37 [These sections are intentionally blank.] 5.38 Proposers representing multiple manufacturers, or carrying multiple related product lines may also request the addition of new manufacturers or product lines to their Contract to the extent they remain within the scope of this RFP. 17 5.39 through 5.43 [These sections are intentionally blank.] K. SALES TAX 5.44 Sales and other taxes should not be included in the prices quoted. The Vendor will charge state and local sales and other applicable taxes on items for which a valid tax-exemption certification has not been provided. Each NJPA Member is responsible for providing verification of tax-exempt status to the Vendor. When ordering, NJPA Members must indicate that they are tax-exempt entities. Except as set forth herein, no party is responsible for taxes imposed on another party as a result of or arising from the transactions under a Contract resulting from this RFP. L. SHIPPING 5.45 Shipping costs can constitute a significant portion of the overall cost of procurement. Consequently, significant weight will be given to the quality of a prospective Vendor’s shipping program. Shipping charges should reasonably reflect the actual cost of shipping. NJPA understands that Vendors may use other shipping cost methods for simplicity or for transparency. But to the extent that shipping costs are determined to disproportionately increase a Vendor’s profit, NJPA may reduce the points awarded in the “Pricing” criteria. 5.46 through 5.47 [These sections are intentionally blank.] 5.48 All shipping and restocking fees must be identified in the price program. Certain industries providing made-to-order products may not allow returns. Proposals will be evaluated not only on the actual costs of shipping, but on the relative flexibility extended to NJPA Members relating to restocking fees, shipping errors, customized shipping requirements, the process for rejecting damaged or delayed shipments, and similar subjects. 5.49 through 5.50 [These sections are intentionally blank.] 5.51 Delivered products must be properly packaged. Damaged products may be rejected. If the damage is not readily apparent at the time of delivery, the Vendor must permit the products to be returned within a reasonable time at no cost to NJPA or NJPA Member. NJPA and NJPA Members reserve the right to inspect the products at a reasonable time subsequent to delivery where circumstances or conditions prevent effective inspection of the products at the time of delivery. 5.52 The Vendor must deliver Contract-conforming products in each shipment and may not substitute products without the express approval from NJPA or the NJPA Member. 5.53 NJPA reserves the right to declare a breach of Contract if the Vendor intentionally delivers substandard or inferior products that are not under Contract and described in its paper or electronic price lists or sourced upon request of any Member under this Contract. In the event of the delivery of nonconforming products, the NJPA Member will notify the Vendor as soon as possible and the Vendor will replace nonconforming products with conforming products that are acceptable to the NJPA member. 5.54 Throughout the term of the Contract, Proposer agrees to pay for return shipment on products that arrive in a defective or inoperable condition. Proposer must arrange for the return shipment of the damaged products. 6 EVALUATION OF PROPOSALS 18 A. PROPOSAL EVALUATION PROCESS 6.1 The NJPA proposal evaluation committee will evaluate proposals received based on a 1,000 point evaluation system. The committee establishes both the evaluation criteria and designates the relative weight of each criterion by assigning possible scores for each category on Form G of this RFP. The committee may adjust the relative weight of the criteria for each RFP. (For example, if the “Warranty” criterion does not apply to a particular RFP, the points normally awarded under “Warranty” may be used to increase the number of potential points in another evaluation category or categories.) The “Pricing” criterion will contain at least a plurality of points for every RFP. 6.2 NJPA uses a scoring system that gives primary importance to “Pricing.” But pricing includes more than just the absolute lowest initial cost of purchasing, for example, a particular product. Other considerations include the total cost of the acquisition and whether the Proposer’s offering represents the best value. The evaluation committee may consider such factors as life-cycle costs, total cost of ownership, quality, and the suitability of an offering in meeting NJPA Members’ needs. Pricing points may be awarded based on pricing clarity and ease of use. NJPA may also award points based on whether a response contains exceptions, exclusions, or limitations of liabilities. 6.3 The NJPA Board of Directors will consider making awards to the selected Proposer(s) based on the recommendations of the proposal evaluation committee. To qualify for the final evaluation, a Proposer must have been deemed responsive as a result of the criteria set forth under “Proposer Responsiveness,” found just below. B. PROPOSER RESPONSIVENESS 6.4 All responses are evaluated for Level-One and Level-Two Responsiveness. If a response does not substantially conform to substantially all of the terms and conditions in the solicitation, or if it requires unreasonable exceptions, it may be considered nonresponsive. 6.5 All proposals must contain suitable responses to the questions in the proposal forms. The following requirements must be satisfied in order to meet Level-One Responsiveness, which is typically ascertained on the proposal opening date. If these standards are not met, your response may be disqualified as nonresponsive. 6.6 Level-One Responsiveness means that the response 6.6.1 is received before the deadline for submission or it will be returned unopened; 6.6.2 is properly addressed and identified as a sealed proposal with a specific RFP number and an opening date and time; 6.6.3 contains a pricing document (with apparent discounts) and all other forms fully completed, even if “not applicable” is the answer; 6.6.4 includes the original (hard copy) completed, dated, and signed RFP forms C, D, and F. In addition, the response must include the hard-copy signed signature page only from RFP Forms A and P and, if applicable, all signed addenda that have been issued in relation to this RFP; 6.6.5 contains an electronic (CD, flash drive, or other suitable) copy of the entire response; and 6.7 Level-Two Responsiveness (including whether the response is within the RFP’s scope) is determined while evaluating the remaining items listed under Proposal Evaluation Criteria below. These items are not arranged in order of importance. Each item draws from multiple questions, and a Proposer’s responses may affect scoring in multiple evaluation criteria. For example, the answers to Industry-Specific Questions may 19 help determine scoring relative to a Proposer’s marketplace success, ability to sell and service nationwide, and financial strength. Any questions not answered without an explanation will likely result in a loss of points and may lead to a nonaward if the proposal evaluation committee cannot effectively review your response. C. PROPOSAL EVALUATION CRITERIA 6.8 Forms A and P include a series of questions that address the following categories: 6.8.1 Company Information and Financial Strength 6.8.2 Industry Requirements and Marketplace Success 6.8.3 Ability to Sell and Deliver Service Nationwide 6.8.4 Marketing Plan 6.8.5 Other Cooperative Procurement Contracts 6.8.6 Value-Added Attributes 6.8.7 Payment Terms and Financing Options 6.8.8 Warranty 6.8.9 Equipment/Products/Services 6.8.10 Pricing and Delivery 6.8.11 Industry-Specific Questions 6.9 [This section is intentionally blank.] D. OTHER CONSIDERATIONS 6.10 In evaluating RFP responses, NJPA has no obligation to consider information that is not provided in the Proposer’s response. NJPA may, however, consider additional information outside the Proposer’s response. This research may include such sources as the Proposer’s website, industry publications, listed references, and user interviews. 6.11 NJPA may organize RFP responses into separate classes or subcategories, depending on the range of responses. For example, NJPA might receive numerous submissions for “Widgets and Related Products and Services.” NJPA may organize these responses into subcategories, such as manufacturers of fully operational Widgets, manufacturers of component parts for Widgets, and providers of parts and service for Widgets. NJPA reserves the right to award Proposers in some or all of such subcategories without regard to the evaluation score given to Proposers in another subcategory. This specifically allows NJPA to award Vendors that might not have, for instance, the breadth of products of Proposers in another subcategory, but that nonetheless meet a substantial and articulated need of NJPA Members. 6.12 [This section is intentionally blank.] 6.13 NJPA reserves the right to request and test equipment/products and related services and to seek clarification from Proposers. Before the Contract award, the Proposer must furnish the requested information within three (3) days (or within another agreed-to time frame) or provide an explanation for the delay along with a requested time frame for providing the requested information. Proposers must make reasonable efforts to supply test products promptly. All Proposer products remain the property of the Proposer, and NJPA will return such products after the evaluation process. NJPA may make provisional contract awards, subject to a Proposer’s proper response to a request for information or products. 20 6.14 A Proposer’s past performance under previously awarded contracts to schools, governmental agencies, and not-for-profit entities is relevant in evaluating a Proposer’s current response. Past performance includes the Proposer’s record of conforming to published specifications and to standards of good workmanship, as well as the Proposer’s history for reasonable and cooperative behavior and for commitment to Member satisfaction. Incumbency as an awarded Vendor does not, by itself, merit positive consideration for a future Contract award. 6.15 NJPA reserves the right to reject any or all proposals. E. COST COMPARISON 6.16 NJPA may use a variety of evaluation methods, including cost comparisons of specific products. NJPA reserves the right to use this process when the proposal evaluation committee determines that this will help to make a final determination. 6.17 This direct cost comparison process will award points for being low to high Proposer for each cost evaluation item selected. A “Market Basket” of identical (or substantially similar) equipment/products and related services may be selected by the proposal evaluation committee, and the unit cost will be used as a basis for determining the point value. NJPA will select the “Market Basket” from all appropriate product categories as determined by NJPA. F. MARKETING PLAN 6.18 A Proposer’s marketing plan is a critical component of the RFP response. An awarded Vendor’s sales force will likely be the primary source of communication with NJPA Members and will directly affect the contract’s success. Marketing success depends on communicating the contract’s value, knowing the contract thoroughly, and communicating the proper use of contracted products and services to the end user. Much of the success and sales reward is a direct result of the commitment to the contract by the awarded Vendor’s sales teams. NJPA reserves the right to deem a Proposer Level-Two nonresponsive or not to award a contract based on an unacceptable or incomplete marketing plan. 6.19 NJPA marketing expectations include the following components. 6.19.1 An awarded Vendor must demonstrate the ability to deploy a national sales force or dealer network. The best RFP responses demonstrate the ability to sell, deliver, and service products through acceptable distribution channels to NJPA members in all 50 states. Proposers’ responses should fully demonstrate their sales and service capabilities, should outline their national sales force network (both numerically geographically), and should describe their method of distribution of the offered products and related services. Service may be independent of the product sales pricing, but NJPA encourages related services to be a part of Proposers’ response. Despite its preference for awarding contracts to Vendors that demonstrate nationwide sales and service, NJPA reserves the right to award contracts that meet specific Member needs locally or regionally. 6.19.2 Proposers are invited to demonstrate their ability to successfully market, promote, and communicate the benefits of an NJPA contract to current and potential Members nationwide. NJPA desires a marketing plan that communicates the value of the contract to as many Members as possible. 6.19.3 Proposers are expected to be receptive to NJPA trainings. Awarded Vendors must provide an appropriate training venue for both management and the sales force. NJPA commits to providing training on all aspects of communicating the value of the awarded contract, including the authority of NJPA to offer the contract to its Members, the value and utility the contract delivers to NJPA Members, the scope of NJPA Membership, the authority of Members to use NJPA procurement contracts, the preferred marketing and sales methods, and the successful use of specific business sector strategies. 21 6.19.4 Awarded Vendors are expected to demonstrate a commitment to fully embrace the NJPA contract. Proposers should identify both the appropriate levels of sales management and sales force that will need to understand the value of the NJPA contract, as well as the internal procedures needed to deliver the appropriate messaging to NJPA Members. NJPA will provide a general schedule and a variety of methods describing when and how those individuals should be trained. 6.19.5 Proposers should outline their proposed involvement in promoting an NJPA contract through applicable industry trade show exhibits and related customer meetings. Proposers are encouraged to consider participation with NJPA at NJPA-endorsed national trade shows. 6.19.6 Proposers must exhibit the willingness and ability to actively market and develop contract-specific marketing materials including the following items. 6.19.6.1 Complete Marketing Plan. Proposers must submit a marketing plan outlining how they will launch the NJPA contract to current and potential NJPA Members. NJPA requires awarded Vendors to embrace and actively promote the contract in cooperation with the NJPA. 6.19.6.2 Printed Marketing Materials. Awarded Vendors will produce and maintain full color print advertisements in camera-ready electronic format, including company logos and contact information to be used in the NJPA directory and other approved marketing publications. 6.19.6.3 Contract announcements and advertisements. Proposers should outline in the marketing plan their anticipated contract announcements, advertisements in industry periodicals, and other direct or indirect marketing activities promoting the awarded NJPA contract. 6.19.6.4 Proposer’s Website. Proposers should identify how an awarded Contract will be displayed and linked on the Proposer’s website. An online shopping experience for NJPA Members is desired whenever possible. 6.19.7 An NJPA Vendor contract launch will be scheduled during a reasonable time frame after the award and held at the NJPA office in Staples, MN unless the Vendor and NJPA agree to a different location. 6.20 Proposer shall identify their commitment to develop a sales/communication process to facilitate NJPA membership and establish status of current and potential agencies/members. Proposer should further express their commitment to capturing sufficient member information as is deemed necessary by NJPA. G. CERTIFICATE OF INSURANCE 6.21 Proposers must provide evidence of liability insurance coverage identified below in the form of a Certificate of Insurance (COI) or an ACORD binder form with their proposal. Upon an award issued under this RFP and before the execution of any commerce relating to such award, the awarded Vendor must provide verification, in the form of a Certificate of Insurance, identifying the coverage required below and identifying NJPA as a “Certificate Holder.” The Vendor must maintain such insurance coverage at its own expense throughout the term of any contract resulting from this solicitation. 6.22 Any exceptions or assumptions to the insurance requirements must be identified on Form C of this RFP. Exceptions and assumptions will be considered as part of the evaluation process. Any exceptions or assumptions that Proposers submit must be specific. If a Proposer does not include specific exceptions or assumptions when submitting the proposal, NJPA will typically not consider any additional exceptions or 22 assumptions during the evaluation process. Upon contract award, the awarded Vendor must provide the Certificate of Insurance identifying the coverage as specified. 6.23 Insurance Liability Limits. The awarded Vendor must maintain, for the duration of its contract, $1.5 million in general liability insurance coverage or general liability insurance in conjunction with an umbrella for a total combined coverage of $1.5 million. Work on the Contract will not begin until after the awarded Vendor has submitted acceptable evidence of the required insurance coverage. Failure to maintain any required insurance coverage or an acceptable alternative method of insurance will be deemed a breach of contract. 6.23.1 Minimum Scope and Limits of Insurance. An awarded Vendor must provide coverage with limits of liability not less than those stated below. An excess liability policy or umbrella liability policy may be used to meet the minimum liability requirements provided that the coverage is written on a “following form” basis. 6.23.1.1 Commercial General Liability—Occurrence Form Policy shall include bodily injury, property damage and broad form contractual liability and XCU coverage. 6.23.1.2 Each Occurrence $1,500,000 6.24 Insurance Requirements: The limits listed in this RFP are minimum requirements for this Contract and in no way limit any indemnity covenants contained in this Contract. NJPA does not warrant that the minimum limits contained herein are sufficient to protect the Vendor from liabilities that might arise out of the performance of the work under this Contract by the Vendor, its agents, representatives, employees, or subcontractors, and the Vendor is free to purchase additional insurance as may be determined necessary. 6.25 Acceptability of Insurers: Insurance is to be placed with insurers duly licensed or authorized to do business in the State of Minnesota and with an “A.M. Best” rating of not less than A- VII. NJPA does not warrant that the above required minimum insurer rating is sufficient to protect the Vendor from potential insurer solvency. 6.26 Subcontractors: Vendors’ certificate(s) must include all subcontractors as additional insureds under its policies, or the Vendor must furnish to NJPA separate certificates for each subcontractor. All coverage for subcontractors are be subject to the minimum requirements identified above. H. ORDER PROCESS AND/OR FUNDS FLOW 6.27 NJPA Members typically issue a purchase order directly to a Vendor under a Contract resulting from this RFP. Alternatively, a separate contract may be created to facilitate acquiring products or services offered in response to this RFP. Nothing in this Contract restricts the Member and Vendor from agreeing to add terms or conditions to a purchase order or a separate contract provided that such terms or conditions must not be less favorable to NJPA’s Members. 6.28 [This section is intentionally blank.] I. ADMINISTRATIVE FEES 6.29 Vendors will pay to NJPA an administrative fee in exchange for NJPA facilitating this Contract with its current and potential Members. NJPA may grant a conditional contract award to a Proposer if the proposed administrative fee is unclear, inadequate, or unduly burdensome for NJPA to administer. Sales under this Contract should not be processed until the parties resolve the administrative fee issue. 23 6.29.1 The administrative fee is typically calculated as a percentage of the dollar volume of all products and services by NJPA Members under this Contract, including anything represented to NJPA Members as falling under this Contract. 6.29.2 The administrative fee is included in, and not added to, the pricing included in Proposer’s response to the RFP. Awarded Vendors must not charge NJPA Members more that permitted in the then current price list in order to offset the administrative fee. 6.29.3 The administrative fee is designed to cover the costs of NJPA’s involvement in contract management, facilitating marketing efforts, Vendor training, and any order processing tasks relating to the Contract. Administrative fees may also be used for other purposes as allowed by Minnesota law. 6.29.4 The typical administrative fee under this Contract is two percent (2%). While NJPA does not dictate the particular fee percentage, we require that the Proposer articulate a specific fee in its response. For example, merely stating that “we agree to pay an administrative fee” is considered nonresponsive. NPJA acknowledges that the administrative fee percentage may differ between vendors, industries, and responses. 6.29.5 NJPA awarded Vendors are responsible for paying the administrative fee at least quarterly and for generating all related reporting. Vendors agree to cooperate with NJPA in auditing these reports to ensure that the administrative fee is paid on all items purchased under the Contract. 6.30 through 6.32 [This section is intentionally blank.] J. VALUE–ADDED ATTRIBUTES 6.33 Desirability of Value-Added Attributes: Value-added attributes in an RFP response will be given positive consideration in NJPA’s evaluation process. Such attributes may increase the benefit of a product or service by improving functionality, performance, maintenance, manufacturing, delivery, energy efficiency, ordering, or other items while remaining within the scope of this RFP. 6.34 Women and Minority Business Enterprise (WMBE), Small Business, and Other Favored Businesses: Some NJPA Members give formal preference to certain types of vendors or contractors. Proposers should document WMBE (or other) status for both their organization and for any affiliates (e.g., supplier networks) involved in fulfilling the terms of this RFP. The ability of a Proposer to provide preferred business entity “credits” to NJPA and NJPA Members under a Contract will be evaluated positively by NJPA and reflected in the “value added” area of the evaluation. 6.35 Environmentally Preferred Purchasing Opportunities: Many NJPA Members consider the environmental impact of the products and services they purchase. “Green” characteristics demonstrated by Proposers will be evaluated positively by NJPA and reflected in the “value added” area of the evaluation. Please identify any green characteristics of any offering in your proposal and identify the sanctioning body determining that characteristic. Where appropriate, please indicate which products have been certified as green and by which certifying agency. 6.36 Online Requisitioning Systems: When applicable, online requisitioning systems will be viewed as a value-added characteristic. Proposers should demonstrate how their system makes online ordering easier for NJPA Members, including how Members could integrate their current e-Procurement or enterprise resource planning (ERP) systems into the Proposer’s ordering process. 6.37 Financing: The ability of the Proposer to provide financing solutions to Members for the products and services being proposed will be viewed as a value-added attribute. 24 6.38 Technology: Technological advances that appreciably improve the proposed products or services will be considered value-added attributes. K. WAIVER OF FORMALITIES 6.39 NJPA reserves the right to waive minor formalities (or to accept minor irregularities) in any proposal, when it determines that considering the proposal may be in the best interest of its Members. 7 POST-AWARD OPERATING ISSUES A. SUBSEQUENT AGREEMENTS 7.1 Purchase Order. Purchase orders for products and services may be executed between NJPA Members and the awarded Vendor (or Vendor’s sub-contractors) under this Contract. NJPA Members and Vendors must indicate on the face of such purchase orders that “This purchase order is issued under NJPA contract #XXXXXX” (insert the relevant contract number). Purchase order flow and procedure will be developed jointly between NJPA and an awarded Vendor after an award is made. 7.2 Governing Law. Purchase orders must be construed in accordance with, and governed by, the laws of a competent jurisdiction with respect to the Member. (See also Section 8.5 of this RFP.) All provisions required by law to be included in the purchase order should be read and enforced as if they were included. If through mistake or otherwise any such provision is not included, then upon application of either party the Contract shall be physically amended to make such inclusion or correction. The venue for any litigation arising out of disputes related to purchase order will be a court of competent jurisdiction with respect to the Member. 7.3 Additional Terms and Conditions. Additional terms and conditions to a purchase order may be proposed by NJPA, NJPA Members, or Vendors. Acceptance of these additional terms and conditions is optional to all parties to the purchase order. One purpose of these additional terms and conditions is to address job- or industry-specific requirements of law such as prevailing wage legislation. Additional terms and conditions may also include specific local policy requirements and standard business practices of the issuing Member or the Vendor. Such additional terms and conditions are not considered valid to the extent that they interfere with the general purpose, intent, or currently established terms and conditions contain in this RFP document. For example, a Vendor and Member may agree to add a “net 30” payment requirement to the purchase order instead of applying a “net 10” requirement. But the added terms and conditions must not be less favorable to the Member unless NJPA, the Member, and the Vendor agree to a Contract amendment or similar modification. 7.4 Specialized Service Requirements. In the event that the NJPA Member desires service requirements or specialized performance requirements (such as e-commerce specifications, specialized delivery requirements, or other specifications and requirements) not addressed in the Contract resulting from this RFP, the NJPA Member and the Vendor may enter into a separate, standalone agreement, apart from a Contract resulting from this RFP. Any proposed service requirements or specialized performance requirements require pre-approval by the Vendor. Any separate agreement developed to address these specialized service or performance requirements is exclusively between the NJPA Member and Vendor. NJPA, its agents, and employees shall not be made a party to any claim for breach of such agreement. Product sourcing is not considered a service. NJPA Members will need to conduct procurements for any specialized services not identified as a part of or within the scope of the awarded Contract. 7.5 Performance Bond. At the request of the Member, a Vendor will provide all performance bonds typically and customarily required in their industry. These bonds will be issued pursuant to the requirements of purchase orders for products and services. If a purchase order is cancelled for lack of a required performance bond by the member agency, NJPA recommends that the current pending purchase order be canceled. Each Member has the final decision on purchase order continuation. Any performance 25 bonding required by the Member, the Member’s state laws, or by local policy is to be mutually agreed upon and secured between the Vendor and the Member. 7.6 Asset Management Contracts: Asset Management-type Contracts can be initiated under a Contract resulting from this RFP at any time during the term of this Contract. Such a contract could involve, for example, picking up, storing, repairing, inventorying, salvaging, and delivery products falling within the scope of this Contract. The intention in using Asset Management Contracts is to promote the long-term efficiency of NJPA’s contracts by (among other things) extending the use and re-use of products. Asset Management Contracts cannot be created under this Contract unless they are executed within the authorized term of a Contract resulting from this RFP. The actual term of the Asset Management Contract may, however, extend beyond the expiration date of this Contract. B. NJPA MEMBER SIGN-UP PROCEDURE 7.6 Awarded Vendors are responsible for familiarizing their sales and service forces with the various forms of NJPA membership documentation and will encourage and assist potential Members in establishing membership with NJPA. NJPA membership is available at no cost, obligation, or liability to the Member or the Vendor. C. REPORTING OF SALES ACTIVITY 7.7 Awarded Vendors must report at least quarterly the total gross dollar volume of all products and services purchased by NJPA Members as it applies to this RFP and Contract. This report must include the name and address of the purchasing agency, Member number, amount of purchase, and a description of the items purchased. 7.7.1 Zero sales reports: Awarded Vendors must provide a quarterly Contract sales report regardless of the amount of sales. D. AUDITS 7.8 NJPA relies substantially on the reasonable auditing efforts of both Members and awarded Vendors to ensure that Members are obtaining the products, services, pricing, and other benefits under all NJPA contracts. Nonetheless, the Vendor must retain and make available to NJPA all order and invoicing documentation related to purchases that Members make from the Vendor under the awarded Contract. NJPA must not request such information more than once per calendar year, and NJPA must make such requests in writing with at least fourteen (14) days’ notice. NJPA may employ an independent auditor at its own expense or conduct an audit on its own. In either event, the Vendor agrees to cooperate fully with NJPA or its agents in order to ensure compliance with this Contract. E. HUB PARTNER 7.9 Hub Partner: NJPA Members may request special services through a “Hub Partner” for the purpose of complying with a law, regulation, or rule that an NJPA Member deems to apply in its jurisdiction. Hub Partners may bring value to the proposed transactions through consultancy, through qualifying for disadvantaged business entity credits, or through other means. 7.10 Hub Partner Fees: NJPA Members are responsible for any transaction fees, costs, or expenses that arise under this Contract for special service provided by the Hub Partner. The fees, costs, or expenses levied by the Hub Vendor must be clearly itemized in the transaction documentation. To the extent that the Vendor stands in the chain of title during a transaction resulting from this RFP, the documentation must clearly indicate that the transaction is “Executed for the Benefit of [NJPA Member name].” F. TRADE-INS 26 7.11 The value in US Dollars for Trade-ins will be negotiated between NJPA or an NJPA Member, and an Awarded Vendor. That identified “Trade-In” value shall be viewed as a down payment and credited in full against the NJPA purchase price identified in a purchase order issued pursuant to any Awarded NJPA procurement contract. The full value of the trade-in will be consideration. G. OUT OF STOCK NOTIFICATION 7.12 The Vendor must immediately notify NJPA Members when they order an out-of-stock item. The Vendor must also tell the Member when the item will be available and whether there are equivalent substitutes. The Member must have the option of accepting the suggested substitute or canceling the item from the order. Under no circumstance may the Vendor make unauthorized substitutions. Unfilled or substituted items must be indicated on the packing list. H. CONTRACT TERMINATION FOR CAUSE AND WITHOUT CAUSE 7.13 NJPA reserves the right to cancel all or any part of this Contract if the Vendor fails to fulfill any material obligation, term, or condition as described in the following procedure. Before any such termination for cause, the NJPA will provide written notice to the Vendor, an opportunity to respond, and a reasonable opportunity to cure the breach. The following are some examples of material breaches. 7.13.1 The Vendor provides products or services that do not meet reasonable quality standards and that are not remedied under the warranty; 7.13.2 The Vendor fails to ship the products or to provide the services within a reasonable amount of time; 7.13.3 NJPA reasonably believes that the Vendor will not or cannot perform to the requirements or expectations of the Contract, NJPA issues a request for assurance, and the Vendor fails to respond; 7.13.4 The Vendor fails to fulfill any of the material terms and conditions of the Contract; 7.13.5 The Vendor fails to follow the established procedure for purchase orders, invoices, or receipt of funds as established by NJPA and the Vendor; 7.13.6 The Vendor fails to properly report quarterly sales; 7.13.7 The Vendor fails to actively market this Contract within the guidelines provided in this RFP and defined in the NJPA contract launch. 7.14 Upon receipt of the written notice of breach, the Vendor will have ten (10) business days to provide a satisfactory response to NJPA. If the Vendor fails to reasonably address all issues in the written notice, NJPA may terminate the Contract immediately. If NJPA allows the Vendor more time to remedy the breach, such forbearance does not limit NJPA’s authority to immediately terminate the Contract for continued breaches for which notice was given to the Vendor. Termination of the Contract for cause does not relieve either party of the financial, product, or service obligations incurred before the termination. 8.2 [This section is intentionally blank.] 7.16 NJPA may terminate the Contract if the Vendor files for bankruptcy protection or is acquired by an independent third party. The Vendor must disclose to NJPA any litigation, bankruptcy, or suspensions/disbarments that occur during the Contract period. Failure to disclose such information authorizes NJPA to immediately terminate the Contract. 27 7.17 NJPA may terminate the Contract without cause by giving the Vendor sixty (60) days’ written notice of termination. Termination of the Contract without cause does not relieve either party of the financial, product, or service obligations incurred before the termination. 7.18 NJPA may immediately terminate any Contract without further obligation if any NJPA employee significantly involved in initiating, negotiating, securing, drafting, or creating the Contract on behalf of NJPA has colluded with any Proposer for personal gain. NJPA may also immediately cancel a Contract if it finds that gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the Vendor or any agent or representative of the Vendor, to any employee of NJPA. Such terminations are effective upon written notice from NJPA or at a later date designated in the notice. Termination of the Contract does not relieve either party of the financial, product, or service obligations incurred before the termination. 8 GENERAL TERMS AND CONDITIONS 8. ADVERTISING A CONTRACT RESULTING FROM THIS RFP 8.1 Proposer/Vendor must not advertise or publish information concerning this Contract before the award is announced by NJPA. Once the award is made, a Vendor is expected to advertise the awarded Contract to both current and potential NJPA Members. B. APPLICABLE LAW 8.2 [This section is intentionally blank.] 8.3 NJPA Compliance with Minnesota Procurement Law: NJPA has designed its procurement process to comply with best practices in the State of Minnesota. NJPA’s solicitation methods are also created to comply with many of the various requirements that our Members must satisfy in their own procurement processes. But these requirements may differ considerably and may change from time to time. So each NJPA Member must make its own determination whether NJPA’s solicitation process satisfies the procurement rules in the Member’s jurisdiction. 8.4 Governing law with respect to delivery and acceptance: All applicable portions of the Minnesota Uniform Commercial Code, all other applicable Minnesota laws, and the applicable laws and rules of delivery and inspection of the Federal Acquisition Regulations (FAR) laws will govern NJPA contracts resulting from this solicitation. 8.5 Jurisdiction: Any claims that arise against NJPA pertaining to this RFP, and any resulting contract that develops between NJPA and any other party, must be brought only in courts in Todd County in the State of Minnesota unless otherwise agreed to. 8.5.1 Purchase orders or other agreements created pursuant to a contract resulting from this solicitation must be construed in accordance with, and governed by, the laws of the issuing Member. Any claim arising from such a purchase order or agreement must be filed and venued in a court of competent jurisdiction of the Member unless otherwise agreed to. 8.6 through 8.7 [This section is intentionally blank.] 8.8 Indemnification: Each party is responsible for its own acts and is not responsible for the acts of the other party and the results thereof. NJPA’s liability is governed by the Minnesota Tort Claims Act (Minn. Stat. §3.736) and other applicable law. 8.9 Prevailing wage: The Vendor must comply with applicable prevailing wage legislation in effect in the jurisdiction of the NJPA Member. The Vendor must monitor the prevailing wage rates as established by the appropriate federal governmental entity during the term of this Contract and adjust wage rates accordingly. 28 8.10 Patent and copyright infringement: The Vendor agrees to indemnify and hold harmless NJPA and NJPA Members against any and all suits, claims, judgments, and costs instituted or recovered against the Vendor, NJPA, or NJPA Members by any person on account of the use or sale of any articles by NJPA or NJPA Members if the Vendor supplied such articles in violation of applicable patent or copyright laws. C. ASSIGNMENT OF CONTRACT 8.11 No right or interest in this Contract may be assigned or transferred by the Vendor without prior written permission by the NJPA. No delegation of any duty of the Vendor under this Contract may be made without prior written permission of the NJPA. NJPA will notify Members by posting approved assignments on the NJPA website (www.njpacoop.org). 8.12 If the original Vendor sells or transfers all assets or the entire portion of the assets used to perform this Contract, a successor-in-interest must perform all obligations under this Contract. NJPA reserves the right to reject the acquiring entity as a Vendor. A change of name agreement will not change the contractual obligations of the Vendor. D. LIST OF PROPOSERS 8.13 NJPA will not maintain a list of interested proposers, nor will it automatically send RFPs to them. All interested proposers must request the RFP as a result of NJPA’s national solicitation advertisements. Because of the wide scope of the potential Members and qualified national suppliers, NJPA has determined this to be the best method of fairly soliciting proposals. E. CAPTIONS, HEADINGS, AND ILLUSTRATIONS 8.14 The captions, illustrations, headings, and subheadings in this RFP are for convenience and ease of understanding and in no way define or limit the scope or intent of this request. F. DATA PRACTICES 8.15 All materials submitted in response to this RFP become NJPA’s property and become public records (under Minn. Stat. §13.591) after the evaluation process is completed. If the Proposer submits information in response to this RFP that it requests to be classified as nonpublic information (as defined by the Minnesota Government Data Practices Act, Minn. Stat. §13.37), the Proposer must meet the following requirements. 8.15.1 The Proposer must make the request within thirty (30) days of the award/nonaward notification, and include the appropriate statutory justification. Pricing, marketing plans, and financial information is generally not redactable. The NJPA Legal Department will review the request to determine whether the information can be withheld or redacted. If NJPA determines that it must disclose the information upon a proper request for such information, NJPA will inform the Proposer of such determination. 8.15.2 The Proposer must defend any action seeking release of the materials that it believes to be nonpublic information, and it must indemnify and hold harmless NJPA, its agents, and employees, from any judgments or damages awarded against NJPA in favor of the party requesting the materials, and any and all costs connected with that defense. This indemnification survives the term of any contract awarded under this RFP. In submitting a response to this RFP, the Proposer agrees that this indemnification survives as long as NJPA possesses the confidential information. 8.16 [This section is intentionally blank.] G. ENTIRE AGREEMENT 29 8.17 This Contract, as defined herein, constitutes the entire agreement between the parties to this Contract. A Contract resulting from this RFP is formed when the NJPA Board of Directors approves and signs the applicable Contract Award & Acceptance document (Form E). H. FORCE MAJEURE 8.18 Except for payments of sums due, neither party is liable to the other nor deemed in default under this Contract if and to the extent that such party’s performance of this Contract is prevented due to force majeure. The term “force majeure” means an occurrence that is beyond the control of the party affected and occurs without its fault or negligence including, but not limited to, the following: acts of God, acts of the public enemy, war, riots, strikes, mobilization, labor disputes, civil disorders, fire, flood, snow, earthquakes, tornadoes or violent wind, tsunamis, wind shears, squalls, Chinooks, blizzards, hail storms, volcanic eruptions, meteor strikes, famine, sink holes, avalanches, lockouts, injunctions-intervention-acts, terrorist events or failures or refusals to act by government authority and/or other similar occurrences where such party is unable to prevent by exercising reasonable diligence. The force majeure is deemed to commence when the party declaring force majeure notifies the other party of the existence of the force majeure and is deemed to continue as long as the results or effects of the force majeure prevent the party from resuming performance in accordance with a Contract resulting from this RFP. Force majeure does not include late deliveries of products and services caused by congestion at a manufacturer’s plant or elsewhere, an oversold condition of the market, inefficiencies, or other similar occurrences. If either party is delayed at any time by force majeure, then the delayed party must (if possible) notify the other party of such delay within forty-eight (48) hours. 8.19 through 8.20 [These sections are intentionally blank.] K. LICENSES 8.21 The Vendor must maintain a valid status on all required federal, state, and local licenses, bonds, and permits required for the operation of the business that the Vendor conducts with NJPA and NJPA Members. 8.22 All responding Proposers must be licensed (where required) and must have the authority to sell and distribute the offered products and services to NJPA and NJPA Members. Documentation of the required licenses and authorities, if applicable, should be included in the Proposer’s response to this RFP. L. MATERIAL SUPPLIERS AND SUB-CONTRACTORS 8.23 The awarded Vendor must supply the names and addresses of sourcing suppliers and sub-contractors as a part of the purchase order when requested by NJPA or an NJPA Member. M. NON-WAIVER OF RIGHTS 8.24 No failure of either party to exercise any power given to it hereunder, nor a failure to insist upon strict compliance by the other party with its obligations hereunder, nor a custom or practice of the parties at variance with the terms hereof, nor any payment under a Contract resulting from this RFP constitutes a waiver of either party’s right to demand exact compliance with the terms hereof. Failure by NJPA to take action or to assert any right hereunder does not constitute a waiver of such right. N. PROTESTS OF AWARDS MADE 8.25 And protests must be filed with NJPA’s Executive Director and must be resolved in accordance with appropriate Minnesota rules. Protests will only be accepted from Proposers. A protest of an award or nonaward must be filed in writing with NJPA within ten (10) calendar days after the public notice or announcement of the award or nonaward. A protest must include the following items. 30 8.25.1 The name, address, and telephone number of the protester; 8.25.2 The original signature of the protester or its representative (you must document the authority of the representative); 8.25.3 Identification of the solicitation by RFP number; 8.25.4 Identification of the statute or procedure that is alleged to have been violated; 8.25.5 A precise statement of the relevant facts; 8.25.6 Identification of the issues to be resolved; 8.25.7 The aggrieved party’s argument and supporting documentation; 8.25.8 The aggrieved party’s statement of potential financial damages; and 8.25.9 A protest bond in the name of NJPA and in the amount of 10% of the aggrieved party’s statement of potential financial damages. O. SUSPENSION OR DISBARMENT STATUS 8.26 If within the past five (5) years, any firm, business, person or Proposer responding to an NJPA solicitation has been lawfully terminated, suspended, or precluded from participating in any public procurement activity with a federal, state, or local government or education agency, the Proposer must include a letter with its response setting forth the name and address of the public procurement unit, the effective date of the suspension or debarment, the duration of the suspension or debarment, and the relevant circumstances relating to the suspension or debarment. Any failure to supply such a letter or to disclose pertinent information may result in the termination of a Contract. By signing the proposal affidavit, the Proposer certifies that no current suspension or debarment exists. P. AFFIRMATIVE ACTION AND IMMIGRATION STATUS CERTIFICATION 8.27 An Affirmative Action Plan, Certificate of Affirmative Action, or other documentation regarding Affirmative Action may be required by NJPA or NJPA Members relating to a transaction from this RFP. Vendors must comply with any such requirements or requests. 8.28 Immigration Status Certification may be required by NJPA or NJPA Members relating to a transaction from this RFP. Vendors must comply with any such requirements or requests. Q. SEVERABILITY 8.29 In the event that any of the terms of a Contract resulting from this RFP are in conflict with any rule, law, or statutory provision, or are otherwise unenforceable under the laws or regulations of any government or subdivision thereof, such terms will be deemed stricken from the Contract, but such invalidity or unenforceability shall not invalidate any of the other terms of an awarded Contract resulting from this RFP. R. RELATIONSHIP OF PARTIES 8.30 No Contract resulting from this RFP may be considered a contract of employment. The relationship between NJPA and an awarded Vendor is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. The parties neither intend the proposed Contract to create, nor is to be construed as creating, a partnership, joint venture, master-servant, principal-agent, or any other, relationship. Except as provided elsewhere in this RFP, neither party may be held liable for acts of omission or commission of the other party and neither party is authorized or has the 31 power to obligate the other party by contract, agreement, warranty, representation, or otherwise in any manner whatsoever except as may be expressly provided herein. 9 FORMS [THE REST OF THIS PAGE HAS BEEN LEFT INTENTIONALLY BLANK.] 32 Form A PROPOSER QUESTIONNAIRE- General Business Information (Products, Pricing, Sector Specific, Services, Terms and Warranty are addressed on Form P) Proposer Name: ____________________________Questionnaire completed by: ________________________________ Please identify the person NJPA should correspond with from now through the Award process: Name: _____________________________________ E-Mail address: _______________________________________ Please answer the questions below using the Microsoft Word® version of this document. This allows NJPA evaluators to cut and paste your answers into a separate worksheet. Place your answer directly below each question. NJPA prefers a brief but thorough response to each question. Please do not merely attach additional documents to your response without also providing a substantive response. Do not leave answers blank; mark “NA” if the question does not apply to you (preferably with an explanation). Please create a response that is easy to read and understand. For example, you may consider using a different font and color to distinguish your answer from the questions. Company Information & Financial Strength 1) Provide the full legal name, mailing and email addresses, tax identification number, and telephone number for your business. 2) Provide a brief history of your company, including your company’s core values, business philosophy, and longevity in the FACILITY SECURITY EQUIPMENT, SYSTEMS, AND SERVICES WITH RELATED EQUIPMENT AND SUPPLIES industry. 3) Provide a detailed description of the products and services that you are offering in your proposal. 4) What are your company’s expectations in the event of an award? 5) Demonstrate your financial strength and stability with meaningful data. This could include such items as financial statements, SEC filings, credit and bond ratings, letters of credit, and detailed reference letters. 6) What is your US market share for the solutions that you are proposing? What is your Canadian market share, if any? 7) Has your business ever petitioned for bankruptcy protection? Please explain in detail. 8) How is your organization best described: is it a manufacturer, a distributor/dealer/reseller, or a service provider? Answer whichever question (either a) or b) just below) best applies to your organization. a) If your company is best described as a distributor/dealer/reseller (or similar entity), please provide your written authorization to act as a distributor/dealer/reseller for the manufacturer of the products proposed in this RFP. If applicable, is your dealer network independent or company owned? b) If your company is best described as a manufacturer or service provider, please describe your relationship with your sales and service force and with your dealer network in delivering the products and services proposed in this RFP. Are these individuals your employees, or the employees of a third party? 9) If applicable, provide a detailed explanation outlining the licenses and certifications that are both required to be held, and actually held, by your organization (including third parties and subcontractors that you use) in pursuit of the business contemplated by this RFP. 10) Provide all “Suspension or Disbarment” information that has applied to your organization during the past ten years. 11) Within this RFP category there may be subcategories of solutions. List subcategory titles that best describe your products and services. Industry Recognition & Marketplace Success 33 12) Describe any relevant industry awards or recognition that your company has received in the past five years. 13) Supply three references/testimonials from your customers who are eligible for NJPA membership. At a minimum, please include the entity’s name, contact person, and phone number. 14) Provide a list of your top five governmental or educational customers (entity name is optional), including entity type, the state the entity is located in, scope of the projects, size of transactions, and dollar volumes from the past three years. 15) Indicate separately what percentages of your sales are to the government and education sectors in the past three years? 16) List any state or cooperative purchasing contracts that you hold. What is the annual sales volume for each of these contracts over the past three years? 17) List any GSA contracts that you hold. What is the annual sales volume for each of these contracts over the past three years? Proposer’s Ability to Sell and Deliver Service Nationwide 18) Describe your company’s capability to meet NJPA Member’s needs across the country. Your response should address at least the following areas. a) Sales force. b) Dealer network or other distribution methods. c) Service force. Please include details, such as the locations of your network of sales and service providers, the number of workers (full-time equivalents) involved in each sector, whether these workers are your direct employers (or employees of a third party), and any overlap between the sales and service functions. 19) Describe in detail the process and procedure of your customer service program, if applicable. Please include your response-time capabilities and commitments, as well as any incentives that help your providers meet your stated service goals or promises. 20) a) Identify any geographic areas of the United States that you will NOT be fully serving through the proposed contract. b) Identify any NJPA Member sectors (i.e., government, education, not-for-profit) that you will NOT be fully serving through the proposed contract. Please explain your answer. For example, does your company have only a regional presence, or do other cooperative purchasing contracts limit your ability to promote another contract? 21) Define any specific contract requirements or restrictions that would apply to our Members in Hawaii and Alaska and in US Territories. Marketing Plan 22) If you are awarded a contract, how will you train your sales management, dealer network, and direct sales teams (whichever apply) to ensure maximum impact? Please include how you will communicate your NJPA pricing and other contract detail to your sales force nationally. 23) Describe your marketing strategy for promoting this contract opportunity. Please include representative samples of your marketing materials in electronic format. 24) Describe your use of technology and digital data (e.g., social media, metadata usage) to enhance marketing effectiveness. 25) In your view, what is NJPA’s role in promoting contracts arising out of this RFP? How will you integrate an NJPA-awarded contract into your sales process? 34 26) Are your products or services available through an e-procurement ordering process? If so, describe your e-procurement system and how governmental and educational customers have used it. Value-Added Attributes 27) Describe any product, equipment, maintenance, or operator training programs that you offer to NJPA Members. Please include details, such as whether training is standard or optional, who provides training, and any costs that apply. 28) Describe any technological advances that your proposed products or services offer. 29) Describe any “green” initiatives that relate to your company or to your products or services, and include a list of the certifying agency for each. 30) Describe any Women or Minority Business Entity (WMBE) or Small Business Entity (SBE) accreditations that your company or hub partners have obtained. 31) What unique attributes does your company, your products, or your services offer to NJPA Members? What makes your proposed solutions unique in your industry as it applies to NJPA members? 32) Identify your ability and willingness to provide your products and services to NJPA member agencies in Canada. NOTE: Questions regarding Payment Terms, Warranty, Products/Equipment/Services, Pricing and Delivery, and Industry Specific Items are addressed on Form P. Signature: __________________________________________________________ Date: ________________________ 35 Form B PROPOSER INFORMATION Company Name: _________________________________________________________________________ Address: ________________________________________________________________________________ City/State/Zip: ___________________________________________________________________________ Phone: _____________________________________ Fax: ____________________________________ Toll-Free Number: ___________________________ E-mail: __________________________________ Website Address: _______________________________________________________________________________ COMPANY PERSONNEL CONTACTS Authorized signer for your organization Name: _________________________________________________________________________________ Email: _________________________________________________Phone: ___________________________________ The person identified here must have proper signing authority to sign the “Proposer’s Assurance of Compliance” on behalf of the Proposer. Who prepared your RFP response? Name:__________________________________________________Title:______________________________________ Email: _________________________________________________Phone:_____________________________________ Who is your company’s primary contact person for this proposal? Name: _________________________________________Title:______________________________________ Email: _________________________________________Phone:_____________________________________ Other important contact information Name: _________________________________________Title:______________________________________ Email: _________________________________________Phone:_____________________________________ Name: _________________________________________Title:______________________________________ Email: _________________________________________Phone:_____________________________________ 36 Form C EXCEPTIONS TO PROPOSAL, TERMS, CONDITIONS, AND SOLUTIONS REQUEST Company Name: _____________________________________________________________________________ Any exceptions to the terms, conditions, specifications, or proposal forms contained in this RFP must be noted in writing and included with the Proposer’s response. The Proposer acknowledges that the exceptions listed may or may not be accepted by NJPA or included in the final contract. NJPA will make reasonable efforts to accommodate the listed exceptions and may clarify the exceptions in the appropriate section below. Section/page Term, Condition, or Specification Exception NJPA ACCEPTS Proposer’s Signature: ______________________________________________________ Date: ________________ NJPA’s clarification on exceptions listed above: 37 Contract Award RFP #031517 FORM D Formal Offering of Proposal (To be completed only by the Proposer) FACILITY SECURITY EQUIPMENT, SYSTEMS, AND SERVICES WITH RELATED EQUIPMENT AND SUPPLIES In compliance with the Request for Proposal (RFP) for FACILITY SECURITY EQUIPMENT, SYSTEMS, AND SERVICES WITH RELATED EQUIPMENT AND SUPPLIES, the undersigned warrants that the Proposer has examined this RFP and, being familiar with all of the instructions, terms and conditions, general and technical specifications, sales and service expectations, and any special terms, agrees to furnish the defined products and related services in full compliance with all terms and conditions of this RFP, any applicable amendments of this RFP, and all Proposer’s response documentation. The Proposer further understands that it accepts the full responsibility as the sole source of solutions proposed in this RFP response and that the Proposer accepts responsibility for any subcontractors used to fulfill this proposal. Company Name: _______________________________ Date: ___________________________________________ Company Address: _______________________________________________________________________________ City:_________________________________________ State: ____________ Zip: __________________________ Contact Person: ________________________________ Title: ___________________________________________ Authorized Signature: ____________________________________________________________________________ (Name printed or typed) 38 Form E Contract Acceptance and Award (To be completed only by NJPA) NJPA #031517 ______________________________________________________ ___________________________________________________________________ Proposer’s full legal name Your proposal is hereby accepted, and a Contract is awarded. As an awarded Proposer, you are now bound to provide the defined products and services contained in your proposal offering according to all terms, conditions, and pricing set forth in this RFP, any amendments to this RFP, your response, and any exceptions accepted by NJPA. The effective start date of the Contract will be ___________________________, 20________ and continue until-_________________________ (no later than the later of four years from the expiration date of the currently awarded contract or four years from the NJPA Board’s contract award date). This contract may be extended for a fifth year at NJPA’s discretion. National Joint Powers Alliance® (NJPA) NJPA Authorized signature: ________________________________ _______________________________________ NJPA Executive Director (Name printed or typed) Awarded this _______ day of_________________________, 20___________ NJPA Contract Number #031517 NJPA Authorized signature: ________________________________ ________________________________________ NJPA Board Member (Name printed or typed) Executed this ______ day of __________________________, 20___________ NJPA Contract Number #031517 The Proposer hereby accepts this Contract award, including all accepted exceptions and NJPA clarifications. Vendor Name ____________________________________________ Vendor Authorized signature: _______________________________ __________________________________ (Name printed or typed) Title: _____________________________________________________________ Executed this _____________ day of ___________________, 20___________ NJPA Contract Number #031517 39 Form F PROPOSER ASSURANCE OF COMPLIANCE Proposal Affidavit Signature Page PROPOSER’S AFFIDAVIT The undersigned, authorized representative of the entity submitting the foregoing proposal (the “Proposer”), swears that the following statements are true to the best of his or her knowledge. 1. The Proposer is submitting its proposal under its true and correct name, the Proposer has been properly originated and legally exists in good standing in its state of residence, the Proposer possesses, or will possess before delivering any products and related services, all applicable licenses necessary for such delivery to NJPA members agencies. The undersigned affirms that he or she is authorized to act on behalf of, and to legally bind the Proposer to the terms in this Contract. 2. The Proposer, or any person representing the Proposer, has not directly or indirectly entered into any agreement or arrangement with any other vendor or supplier, any official or employee of NJPA, or any person, firm, or corporation under contract with NJPA, in an effort to influence the pricing, terms, or conditions relating to this RFP in any way that adversely affects the free and open competition for a Contract award under this RFP. 3. The Proposer has examined and understands the terms, conditions, scope, contract opportunity, specifications request, and other documents in this solicitation and affirms that any and all exceptions have been noted in writing and have been included with the Proposer’s RFP response. 4. The Proposer will, if awarded a Contract, provide to NJPA Members the /products and services in accordance with the terms, conditions, and scope of this RFP, with the Proposer-offered specifications, and with the other documents in this solicitation. 5. The Proposer agrees to deliver products and services through valid contracts, purchase orders, or means that are acceptable to NJPA Members. Unless otherwise agreed to, the Proposer must provide only new and first-quality products and related services to NJPA Members under an awarded Contract. 6. The Proposer will comply with all applicable provisions of federal, state, and local laws, regulations, rules, and orders. 7. The Proposer understands that NJPA will reject RFP proposals that are marked “confidential” (or “nonpublic,” etc.), either substantially or in their entirety. Under Minnesota Statute §13.591, Subd. 4, all proposals are considered nonpublic data until the evaluation is complete and a Contract is awarded. At that point, proposals generally become public data. Minnesota Statute §13.37 permits only certain narrowly defined data to be considered a “trade secret,” and thus nonpublic data under Minnesota’s Data Practices Act. 8. The Proposer understands that it is the Proposer’s duty to protect information that it considers nonpublic, and it agrees to defend and indemnify NJPA for reasonable measures that NJPA takes to uphold such a data designation. [The rest of this page has been left intentionally blank. Signature page below] 40 By signing below, Proposer is acknowledging that he or she has read, understands, and agrees to comply with the terms and conditions specified above. Company Name: Address: ____________________________________________________________________________________ City/State/Zip: _______________________________________________________________________________ Telephone Number: ______________________________________________________________ E-mail Address:______________________________________________________________________________ Authorized Signature: _________________________________________________________________________ Authorized Name (printed): ______________________________________________________________________ Title: _______________________________________________________________________________________ Date: _______________________________________________________________________________________ Notarized Subscribed and sworn to before me this ______________ day of ___________________, 20______________ Notary Public in and for the County of __________________________________________ State of __________ My commission expires: _______________________________________________________________________ Signature: __________________________________________________________________________________ 41 Form G OVERALL EVALUATION AND CRITERIA For the Proposed Subject FACILITY SECURITY EQUIPMENT, SYSTEMS, AND SERVICES WITH RELATED EQUIPMENT AND SUPPLIES Conformance to RFP Terms and Conditions 50 Financial Viability and Marketplace Success 75 Ability to Sell and Deliver Service Nationwide 100 Marketing Plan 50 Value-Added Attributes 75 Warranty 50 Depth and Breadth of Offered Products and Related Services 200 Pricing 400 TOTAL POINTS 1000 Reviewed by: _________________________________________ Its_________________________________ _________________________________________Its_________________________________ 42 Form P PROPOSER QUESTIONNAIRE Payment Terms, Warranty, Products and Services, Pricing and Delivery, and Industry-Specific Questions Proposer Name: _________________________________________________________________________ Questionnaire completed by: ______________________________________________________________ Payment Terms and Financing Options 1) What are your payment terms (e.g., net 10, net 30)? 2) Do you provide leasing or financing options, especially those options that schools and governmental entities may need to use in order to make certain acquisitions?. 3) Briefly describe your proposed order process. Please include enough detail to support your ability to report quarterly sales to NJPA. For example, indicate whether your dealer network is included in your response and whether each dealer (or some other entity) will process the NJPA Members’ purchase orders. 4) Do you accept the P-card procurement and payment process? If so, is there any additional cost to NJPA Members for using this process? Warranty 5) Describe in detail your manufacturer warranty program, including conditions and requirements to qualify, claims procedure, and overall structure. You may include in your response a copy of your warranties, but at a minimum please also answer the following questions. • Do your warranties cover all products, parts, and labor? • Do your warranties impose usage restrictions or other limitations that adversely affect coverage? • Do your warranties cover the expense of technicians’ travel time and mileage to perform warranty repairs? • Are there any geographic regions of the United States for which you cannot provide a certified technician to perform warranty repairs? How will NJPA Members in these regions be provided service for warranty repair? • Will you cover warranty service for items made by other manufacturers that are part of your proposal, or are these warranties issues typically passed on to the original equipment manufacturer? • What are your proposed exchange and return programs and policies? 6) Describe any service contract options for the items included in your proposal. Pricing, Delivery, Audits, and Administrative Fee 7) Provide a general narrative description of the equipment/products and related services you are offering in your proposal. 8) Describe your pricing model (e.g., line-item discounts or product-category discounts). Provide detailed pricing data (including standard or list pricing and the NJPA discounted price) on all of the items that you want NJPA to consider as part of your RFP response. Provide a SKU for each item in your proposal. (Keep in mind that reasonable price and product adjustments can be made during the term of an awarded Contract. See the body of the RFP and the Price and Product Change Request Form for more detail.) 43 9) Please quantify the discount range presented in this response. For example, indicate that the pricing in your response represents is a 50% percent discount from the MSRP or your published list. 10) The pricing offered in this proposal is ________a. the same as the Proposer typically offers to an individual municipality, university, or school district. ________b. the same as the Proposer typically offers to GPOs, cooperative procurement organizations, or state purchasing departments. _________c. better than the Proposer typically offers to GPOs, cooperative procurement organizations, or state purchasing departments. ________d. other than what the Proposer typically offers (please describe). 11) Describe any quantity or volume discounts or rebate programs that you offer. 12) Propose a method of facilitating “sourced” products or related services, which may be referred to as “open market” items or “nonstandard options”. For example, you may supply such items “at cost” or “at cost plus a percentage,” or you may supply a quote for each such request. 13) Identify any total cost of acquisition costs that are NOT included in the pricing submitted with your response. This cost includes all additional charges that are not directly identified as freight or shipping charges. For example, list costs for items like installation, set up, mandatory training, or initial inspection. Identify any parties that impose such costs and their relationship to the Proposer. 14) If delivery or shipping is an additional cost to the NJPA Member, describe in detail the complete shipping and delivery program. 15) Specifically describe those shipping and delivery programs for Alaska, Hawaii, Canada, or any offshore delivery. 16) Describe any unique distribution and/or delivery methods or options offered in your proposal. 17) Please specifically describe any self-audit process or program that you plan to employ to verify compliance with your proposed Contract with NJPA. This process includes ensuring that NJPA Members obtain the proper pricing, that the Vendor reports all sales under the Contract each quarter, and that the Vendor remits the proper administrative fee to NJPA. 18) Identify a proposed administrative fee that you will pay to NJPA for facilitating, managing, and promoting the NJPA Contract in the event that you are awarded a Contract. This fee is typically calculated as a percentage of Vendor’s sales under the Contract or as a per-unit fee; it is not a line-item addition to the Member’s cost of goods. (See RFP Section 6.29 and following for details.) Industry-Specific Questions NOTE: You may have addressed some of the following questions elsewhere in your response. If so, please also answer these industry questions completely. Do not leave them blank. 19) Describe any background checks that you require of employees and prospective employees. How do you vet those personnel that might have access to sensitive NJPA member information? 20) Articulate your process for screening and hiring contractor candidates. 21) What term better describes your company: national or regional? Please explain. 22) Describe the methods that you use to monitor and conform to prevailing wage rate requirements throughout the U.S. 23) What reporting methods will you use to provide NJPA details on the service provided to our member agencies? 24) What is your average response time for both routine and urgent agency requests? 25) How do you remain ahead of current trends regarding products and technology? 44 26) Clearly describe your rate structure, and demonstrate how NJPA members can effectively determine their cost for your proposed solutions. 27) How do you ensure that your prices are competitive? Signature: ___________________________________________________________Date: _______________________ 45 10 PRE-SUBMISSION CHECKLIST Check when Completed Contents of Your Bid Proposal Hard Copy Required Signed and Dated Electronic Copy Required - CD or Flash Drive Form A: Proposer Questionnaire with all questions answered completely X - signature page only X Form B: Proposer Information X Form C: Exceptions to Proposal, Terms, Conditions, and Solutions Request X X Form D: Formal Offering of Proposal X X Form E. Contract Acceptance and Award X Form F: Proposers Assurance of Compliance X X Form P: Proposer Questionnaire with all questions answered completely X-signature page only X Certificate of Insurance with $1.5 million coverage X X Copy of all RFP Addendums issued by NJPA X X Pricing for all Products/Equipment/Services within the RFP being proposed X Entire Proposal submittal including signed documents and forms.X All forms in the Hard Copy Required Signed and Dated should be inserted in the front of the submitted response, unbound. Package containing your proposal labeled and sealed with the following language: "Competitive Proposal Enclosed, Hold for Public Opening XX-XX-XXXX" Response Package mailed and delivered prior to deadline to: NJPA, 202 12th St NE, Staples, MN 56479 46 11 NJPA VENDOR PRICE AND PRODUCT CHANGE REQUEST FORM Section 1. Instructions for Vendor Requests for product or service changes, additions, or deletions will be considered at any time throughout the awarded contract term. All requests must be made in writing by completing sections 2, 3, and 4 of this NJPA Price and Product Change Request Form and signed by an authorized Vendor representative in section 5. All changes are subject to review by the NJPA Contracts & Compliance Manager and to approval by NJPA’s Chief Procurement Officer. Submit request through email to your assigned NJPA Contract Administrator. NJPA will determine whether the request is 1) within the scope of the original RFP, and 2) in the best interests of NJPA and NJPA Members. Approved Price and Product Change Request Forms will be signed and emailed to the Vendor contact. The Vendor must complete this change request form and individually list or attach all items or services subject to change, must provide sufficiently detailed explanation and documentation for the change, and must include a complete restatement of pricing documentation in an appropriate format (preferably Microsoft® Excel®). The pricing document must identify all products and services being offered and must conform to the following NJPA product/price change naming convention: (Vendor Name) (NJPA Contract #) (effective pricing date); for example, “Acme Widget Company #012416-AWC eff. 01-01-2017.” NOTE: New pricing restatements must include all products and services offered regardless of whether their prices have changed and must include a new “effective date” on the pricing documents. This requirement reduces confusion by providing a single, current pricing sheet for each Vendor and creates a historical record of pricing. ADDITIONS. New products and related services may be added to a contract if such additions are within the scope of the original RFP. DELETIONS. New products and related services may be deleted from a contract if, for example, they are no longer available or have been modified to a point where they are outside the scope of the RFP. PRICE CHANGES: Vendors may request price changes if they provide sufficient rationale for the change. For example, a Vendor that manufactures products that require substantial petroleum-related material might request a 3% price increase because of a 20% increase in petroleum costs. Price decreases: NJPA expects Vendors to propose their very best prices and anticipates that price reductions might occur because of improved technologies or marketplace efficiencies. Price increases: Acceptable price increases typically result from specific Vendor cost increases. The Vendor must include reasonable justification for the price increase and must not, for example, offer merely generalized statements about an increase in a cost-of-living index. Appropriate documentation should be attached to this form, including such items as letters from suppliers announcing price increases. Refer to the RFP for complete “Pricing” details. Section 2. Vendor Name and Type of Change Request CHECK ALL CHANGES THAT APPLY: AWARDED VENDOR NAME: ☐ Adding Products/Services vices ☐ Deleting Products/Services ☐ Price Increase NJPA CONTRACT NUMBER: ☐ Price Decrease 47 Section 3. Detailed Explanation of Need for Changes List the products and/or services that are changing or being added or deleted from the previous contract price list, along with the percentage change for each item or category. (Attach a separate, detailed document if changing more than 10 items.) Provide a general statement and documentation explaining the reasons for these price and/or product changes. EXAMPLES: 1) “All pricing for paper products and services are increased 5% because of increased raw material and transportation costs (see attached documentation of fuel and raw materials increase).” 2) “The 6400 series floor polisher is being added to the product list as a new model, replacing the 5400 series. The 6400 series 3% increase reflects technological changes that improve the polisher’s efficiency and useful life. The 5400 series is now included in the “Hot List” at a 20% discount from the previous pricing until the remaining inventory is liquidated.” If adding products, state how these are within the scope of the original RFP. If changing prices or adding products or services, state how the pricing is consistent with existing NJPA contract pricing. 48 Section 4. Complete Restatement of Pricing Submitted A COMPLETE restatement of the pricing, including all new and existing products and services is attached and has been emailed to the Vendor’s Contract Administrator. ☐ Yes ☐ No Section 5. Signatures __________________________________________________________ ________________________ Vendor Authorized Signature Date ____________________________________________ Print Name and Title of Authorized Signer __________________________________________________________ _________________________ Jeremy Schwartz, NJPA Director of Cooperative Contracts and Procurement/CPO Date 49 Appendix A NJPA The National Joint Powers Alliance® (NJPA), on behalf of NJPA and its current and potential Member agencies, which includes all governmental, higher education, K-12 education, not-for-profit, tribal governmental, and all other public agencies located in all fifty states, Canada, and internationally, issues this Request For Proposal (RFP) to result in a national contract solution. For your reference, the links below include some, but not all, of the entities included in this proposal. http://www.usa.gov/Agencies/Local_Government/Cities.shtml http://nces.ed.gov/globallocator/ https://harvester.census.gov/imls/search/index.asp http://nccsweb.urban.org/PubApps/search.php http://www.usa.gov/Government/Tribal-Sites/index.shtml http://www.usa.gov/Agencies/State-and-Territories.shtml http://www.nreca.coop/about-electric-cooperatives/member-directory/ Oregon Hawaii Washington Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7604 Agenda Date: 4/16/2020 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 7.13 SUBJECT/RECOMMENDATION: Elect Councilmember David Allbritton to serve as Vice Mayor. (consent) SUMMARY: The City Charter requires, at the first meeting in April, the Council appoint one of its members to serve as Vice Mayor. Pursuant to City Council Rules, Rule 5 - Duties of Vice Mayor in Absence of Mayor, the office of Vice Mayor shall be rotated amongst the councilmembers annually, beginning with Seat 4, commencing in 2020. This rule was adopted by City Council on June 20, 2019. At the April 13 work session, there was council consensus to elect Councilmember Allbritton to serve as Vice Mayor. Staff was directed to place the item on the Consent Agenda. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 4/16/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9360 2nd Reading Agenda Date: 4/16/2020 Status: Second ReadingVersion: 1 File Type: Action ItemIn Control: Legal Department Agenda Number: 8.1 SUBJECT/RECOMMENDATION: Adopt Ordinance 9360-20 on second reading, annexing certain real properties whose post office addresses are 1748 El Trinidad Drive East and 2764 North Terrace Drive, all in Clearwater, Florida 33759, into the corporate limits of the city and redefining the boundary lines of the city to include said additions. SUMMARY: Page 1 City of Clearwater Printed on 4/16/2020 Ordinance No. 9360-20 ORDINANCE NO. 9360-20 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTIES LOCATED GENERALLY NORTH OF SR 590, WEST OF MCMULLEN BOOTH ROAD, SOUTH OF SUNSET POINT ROAD, AND EAST OF US HIGHWAY 19 NORTH, WHOSE POST OFFICE ADDRESSES ARE 1748 EL TRINIDAD DRIVE EAST AND 2764 NORTH TERRACE DRIVE, ALL IN 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 owners of the real properties described herein and depicted on the map attached hereto as Exhibit B have petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described properties are hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: See attached Exhibit A for legal descriptions; (ANX2019-12027; ANX2020-01002) 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. 9360-20 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Mayor Approved as to form: Michael P. Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A LEGAL DESCRIPTIONS ANX2019-12027 & ANX2020-01002 ========================================================================================= No. Parcel ID Lot No., Block No. Address 1. 05-29-16-94338-003-0040 Lot 4, Block 3 2764 North Terrace Drive The above in VIRGINIA GROVE TERRACE FIRST ADDITION, as recorded in PLAT BOOK 37, PAGE 62, of the Public Records of Pinellas County, Florida. No. Parcel ID Lot No., Block No. Address 2. 05-29-16-94320-002-0120 Lot 12, Block 2 1748 El Trinidad Drive E. The above in VIRGINIA GROVE TERRACE, as recorded in PLAT BOOK 37, PAGE 29, of the Public Records of Pinellas County, Florida. Exhibit B 943749435694338 9432094410 98470 L 6 5 5 4 4 2 2 3 3 3 3 1 A B C 3 45 6 789 10 1234567891011121314 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 25 1 3 2 4 5 6 7 8 9 10 13141516171819 DRAINAGE & CONSV ESMNT 6050TRACT A 1 SR 590 LUCAS DR GROVE DR THOMAS DR ST. CROIX DR EL TRINDAD DR EN TERRACE DR ST. ANTHONY DR ST. JOHN DR 275227732746272327472780275927761747 1717 2828276028311711 1 7 3 0 1716 283228121700 1736 275528361705 28242761282627701788 1717 31721 1704 17652758 1739 17002734 91705 1736 171627642738 117482770176427512718 1751 51724 1728 177727241795 5591740 1756 1789 1713 1759 317202740 1745 1727 1709 71731 31771 17082730 11732 71712 1772 1783 1712 1708 1735 1741 17771765 052840278917212731 1704 1737 28281728 32 8 06 17762781 177 1720 1701 1705 1708 175 17592737 1737 1734 1745 1728 279728351771 1714 1754 1713 1733 1700 1704 28361712 1724 17 3 4 1748 1782 1733 1747 1764 1740 1718 17282749 1704 1744 1724 1758 1740 1705 1746 1701 1740 28181737 1724 1709 1738 1741 1748 1736 1725 1733 1717 176 1729 1758 1720 1740 1730 172917342767 2834176517492785 1729 1752 1732 1722 1752 1759 1716 1725 1752725 28301746 1750 1754 1768 174 1753 2822282317211721 28241772 1746 1732 1720 28321725 1708 1729 28001754 1741 1737 1755 1279328271760 1749 1726 282317162777 1 72773 1717 1617 1751 1709 1715 1 7 2 6 17552743 1712 176 1736 1753 1770 1701 -Not to Scale--Not a Survey-Rev. 1/27/2020 PROPOSED ANNEXATION MAP Owner(s): Elizabeth DeArmitt Tony Doan & Le Em Thi Pham Case: ANX2019-12027 ANX2020-01002 Site: 2764 N Terrace Drive 1748 El Trinidad Drive E Property Size(Acres): ROW (Acres): 0.38 Land Use Zoning PIN: 05-29-16-94338-003-0040 05-29-16-94320-002-0120 From : Residential Low (RL), Preservation (P) R-3 Single Family Residential Atlas Page: 264A To: Residential Low (RL), Water/Drainage Feature Overlay Low Medium Density Residential (LMDR) SR 590 EVANS DR OWEN DR LUCAS DR GROVE DR ST. CROIX DR DIANE DR THOMAS DR MORNINGSIDE DR N TERRACE DR EL TRINDAD DR EWOODRING DR SKYLAND DR SOUTH DR MARILYN DR ST. ANTHONY DR CATHERINE DR DIANE TER WINWOOD DR OWEN DR -Not to Scale--Not a Survey-Rev. 1/27/2020 ^PROJECT SITE ^ PROJECT SITE LOCATION MAP Owner(s): Elizabeth DeArmitt Tony Doan & Le Em Thi Pham Case: ANX2019-12027 ANX2020-01002 Site: 2764 N Terrace Drive 1748 El Trinidad Drive E Property Size(Acres): ROW (Acres): 0.38 Land Use Zoning PIN: 05-29-16-94338-003-0040 05-29-16-94320-002-0120 From : Residential Low (RL), Preservation (P) R-3 Single Family Residential Atlas Page: 264A To: Residential Low (RL), Water/Drainage Feature Overlay Low Medium Density Residential (LMDR) SR 590 SR 590 LUCAS DR LUCAS DR GROVE DR GROVE DR THOMAS DR THOMAS DR ST. CROIX DR ST. CROIX DR EL TRINDAD DR EEL TRINDAD DR EN TERRACE DRN TERRACE DR ST. ANTHONY DR ST. ANTHONY DR ST. JOHN DR ST. JOHN DR -Not to Scale--Not a Survey-Rev. 1/27/2020 AERIAL MAP Owner(s): Elizabeth DeArmitt Tony Doan & Le Em Thi Pham Case: ANX2019-12027 ANX2020-01002 Site: 2764 N Terrace Drive 1748 El Trinidad Drive E Property Size(Acres): ROW (Acres): 0.38 Land Use Zoning PIN: 05-29-16-94338-003-0040 05-29-16-94320-002-0120 From : Residential Low (RL), Preservation (P) R-3 Single Family Residential Atlas Page: 264A To: Residential Low (RL), Water/Drainage Feature Overlay Low Medium Density Residential (LMDR) 943749435694338 9432094410 98470 L 6 5 5 4 4 2 2 3 3 3 3 1 A B C 3 45 6 789 10 1234567891011121314 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 25 1 3 2 4 5 6 7 8 9 10 13141516171819 DRAINAGE & CONSV ESMNT 6050TRACT A 1 SR 590 LUCAS DR GROVE DR THOMAS DR ST. CROIX DR EL TRINDAD DR EN TERRACE DR ST. ANTHONY DR ST. JOHN DR 275227732746272327472780275927761747 1717 2828276028311711 1 7 3 0 1716 283228121700 1736 275528361705 28242761282627701788 1717 31721 1704 17652758 1739 17002734 91705 1736 171627642738 117482770176427512718 1751 51724 1728 177727241795 5591740 1756 1789 1713 1759 317202740 1745 1727 1709 71731 31771 17082730 11732 71712 1772 1783 1712 1708 1735 1741 17771765 052840278917212731 1704 1737 28281728 32 8 06 17762781 177 1720 1701 1705 1708 175 17592737 1737 1734 1745 1728 279728351771 1714 1754 1713 1733 1700 1704 28361712 1724 17 3 4 1748 1782 1733 1747 1764 1740 1718 17282749 1704 1744 1724 1758 1740 1705 1746 1701 1740 28181737 1724 1709 1738 1741 1748 1736 1725 1733 1717 176 1729 1758 1720 1740 1730 172917342767 2834176517492785 1729 1752 1732 1722 1752 1759 1716 1725 1752725 28301746 1750 1754 1768 174 1753 2822282317211721 28241772 1746 1732 1720 28321725 1708 1729 28001754 1741 1737 1755 1279328271760 1749 1726 282317162777 1 72773 1717 1617 1751 1709 1715 1 7 2 6 17552743 1712 176 1736 1753 1770 1701 -Not to Scale--Not a Survey-Rev. 1/27/2020 EXISTING SURROUNDING USES MAP Owner(s): Elizabeth DeArmitt Tony Doan & Le Em Thi Pham Case: ANX2019-12027 ANX2020-01002 Site: 2764 N Terrace Drive 1748 El Trinidad Drive E Property Size(Acres): ROW (Acres): 0.38 Land Use Zoning PIN: 05-29-16-94338-003-0040 05-29-16-94320-002-0120 From : Residential Low (RL), Preservation (P) R-3 Single Family Residential Atlas Page: 264A To: Residential Low (RL), Water/Drainage Feature Overlay Low Medium Density Residential (LMDR) Single Family Residential Single Family Residential Single Family Residential Single Family Residential ANX2019-12027 Elizabeth DeArmitt 2764 North Terrace Drive View looking north at subject property, 2764 North Terrace Drive. West of the subject property East of the subject property Across the street, to the south of the subject property View looking easterly along North Terrace Drive View looking westerly along North Terrace Drive ANX2020-01002 Tony Le Doan & Le Em Thi Pham 1748 El Trinidad Drive East View looking west at subject property, 1748 El Trinidad Drive East. South of the subject property North of the subject property Across the street, to the east of the subject property View looking northerly along El Trinidad Drive East View looking southerly along El Trinidad Drive East Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9361-20 2nd Reading Agenda Date: 4/16/2020 Status: Second ReadingVersion: 1 File Type: Action ItemIn Control: Legal Department Agenda Number: 8.2 SUBJECT/RECOMMENDATION: Adopt Ordinance 9361-20 on second reading, amending the future land use element of the Comprehensive Plan of the city to designate the land use for certain real properties whose post office addresses are 1748 El Trinidad Drive East and 2764 North Terrace Drive, all in Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Residential Low (RL) and Water/Drainage Feature Overlay. SUMMARY: Page 1 City of Clearwater Printed on 4/16/2020 Ordinance No. 9361-20 ORDINANCE NO. 9361-20 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTIES LOCATED GENERALLY NORTH SR 590, WEST OF MCMULLEN BOOTH ROAD, SOUTH OF SUNSET POINT ROAD, AND EAST OF US HIGHWAY 19 NORTH, WHOSE POST OFFICE ADDRESSES ARE 1748 EL TRINIDAD DRIVE EAST AND 2764 NORTH TERRACE DRIVE, ALL IN CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL) AND WATER/DRAINAGE FEATURE OVERLAY; 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 categories for the hereinafter described properties, upon annexation into the City of Clearwater, as follows: Property Land Use Category See attached Exhibit A for legal descriptions. Residential Low (RL) and Water/Drainage Feature Overlay (ANX2019-12027; ANX2020-01002) 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. 9360-20. Ordinance No. 9361-20 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Mayor Approved as to form: Michael P. Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A LEGAL DESCRIPTIONS ANX2019-12027 & ANX2020-01002 ========================================================================================= No. Parcel ID Lot No., Block No. Address 1. 05-29-16-94338-003-0040 Lot 4, Block 3 2764 North Terrace Drive The above in VIRGINIA GROVE TERRACE FIRST ADDITION, as recorded in PLAT BOOK 37, PAGE 62, of the Public Records of Pinellas County, Florida. No. Parcel ID Lot No., Block No. Address 2. 05-29-16-94320-002-0120 Lot 12, Block 2 1748 El Trinidad Drive E. The above in VIRGINIA GROVE TERRACE, as recorded in PLAT BOOK 37, PAGE 29, of the Public Records of Pinellas County, Florida. Exhibit B 943749435694338 9432094410 98470 L 6 5 5 4 4 2 2 3 3 3 3 1 A B C 3 45 6 789 10 1234567891011121314 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 25 1 3 2 4 5 6 7 8 9 10 13141516171819 DRAINAGE & CONSV ESMNT 6050TRACT A 1 I RLRL RL RU RL RL RU RL RL RL P RU RL RU RU RU P RU RL RL RU SR 590 LUCAS DR GROVE DR THOMAS DR ST. CROIX DR EL TRINDAD DR EN TERRACE DR ST. JOHN DR 27522773274627232747275927761747 1717 276028311 7 3 0 1716 28121700 1736 28361705 28241788 1717 31721 1704 17652758 1739 17002734 91705 1736 17162764273817482770176427512718 1751 51724 1728 177727241795 5591740 1756 27801789 1713 1759 317202740 1745 1727 1709 71731 31771 17082730 11732 71712 1772 1783 1712 1708 1735 1741 17771765 282852840278917212731 1704 1737 28281728 32 80 6 17762781 1711 177 1720 1701 1705 1708 175 17592737 1737 1734 1745 1728 279728351771 1714 1754 1713 1733 1700 1704 28361712 1724 17 3 4 1748 1782 1733 1747 1764 1740 1718 17282749 28321704 1744 1724 1758 1740 1705 1746 1701 1740 28181737 1724 1709 1738 1741 1748 1736 1725 1733 1717 176 1729 1758 1720 1740 1730 172917342767 2834176517492785 1729 27551752 1732 1722 1752 1759 1716 1725 1752725 28301746 1750 1754 1768 174 1753 2822282317211721 28241772 1746 1732 1720 28321725 1708 1729 28001754 1741 1737 17552761 12793282628271760 1749 1726 282317162777 1 72773 1717 1617 1751 1709 1715 1 7 2 6 17552743 27701712 176 1736 1753 1770 1701 -Not to Scale--Not a Survey-Rev. 2/6/2020 PROPOSED FUTURE LAND USE MAP Owner(s): Elizabeth DeArmitt Tony Doan & Le Em Thi Pham Case: ANX2019-12027 ANX2020-01002 Site: 2764 N Terrace Drive 1748 El Trinidad Drive E Property Size(Acres): 0.38 Land Use Zoning PIN: 05-29-16-94338-003-0040 05-29-16-94320-002-0120 From : Residential Low (RL), Preservation (P) R-3 Single Family Residential Atlas Page: 264A To: Residential Low (RL), Water/Drainage Feature Overlay Low Medium Density Residential (LMDR) SR 590 EVANS DR OWEN DR LUCAS DR GROVE DR ST. CROIX DR DIANE DR THOMAS DR MORNINGSIDE DR N TERRACE DR EL TRINDAD DR EWOODRING DR SKYLAND DR SOUTH DR MARILYN DR ST. ANTHONY DR CATHERINE DR DIANE TER WINWOOD DR OWEN DR -Not to Scale--Not a Survey-Rev. 1/27/2020 ^PROJECT SITE ^ PROJECT SITE LOCATION MAP Owner(s): Elizabeth DeArmitt Tony Doan & Le Em Thi Pham Case: ANX2019-12027 ANX2020-01002 Site: 2764 N Terrace Drive 1748 El Trinidad Drive E Property Size(Acres): ROW (Acres): 0.38 Land Use Zoning PIN: 05-29-16-94338-003-0040 05-29-16-94320-002-0120 From : Residential Low (RL), Preservation (P) R-3 Single Family Residential Atlas Page: 264A To: Residential Low (RL), Water/Drainage Feature Overlay Low Medium Density Residential (LMDR) SR 590 SR 590 LUCAS DR LUCAS DR GROVE DR GROVE DR THOMAS DR THOMAS DR ST. CROIX DR ST. CROIX DR EL TRINDAD DR EEL TRINDAD DR EN TERRACE DRN TERRACE DR ST. ANTHONY DR ST. ANTHONY DR ST. JOHN DR ST. JOHN DR -Not to Scale--Not a Survey-Rev. 1/27/2020 AERIAL MAP Owner(s): Elizabeth DeArmitt Tony Doan & Le Em Thi Pham Case: ANX2019-12027 ANX2020-01002 Site: 2764 N Terrace Drive 1748 El Trinidad Drive E Property Size(Acres): ROW (Acres): 0.38 Land Use Zoning PIN: 05-29-16-94338-003-0040 05-29-16-94320-002-0120 From : Residential Low (RL), Preservation (P) R-3 Single Family Residential Atlas Page: 264A To: Residential Low (RL), Water/Drainage Feature Overlay Low Medium Density Residential (LMDR) 943749435694338 9432094410 98470 L 6 5 5 4 4 2 2 3 3 3 3 1 A B C 3 45 6 789 10 1234567891011121314 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 25 1 3 2 4 5 6 7 8 9 10 13141516171819 DRAINAGE & CONSV ESMNT 6050TRACT A 1 SR 590 LUCAS DR GROVE DR THOMAS DR ST. CROIX DR EL TRINDAD DR EN TERRACE DR ST. ANTHONY DR ST. JOHN DR 275227732746272327472780275927761747 1717 2828276028311711 1 7 3 0 1716 283228121700 1736 275528361705 28242761282627701788 1717 31721 1704 17652758 1739 17002734 91705 1736 171627642738 117482770176427512718 1751 51724 1728 177727241795 5591740 1756 1789 1713 1759 317202740 1745 1727 1709 71731 31771 17082730 11732 71712 1772 1783 1712 1708 1735 1741 17771765 052840278917212731 1704 1737 28281728 32 8 06 17762781 177 1720 1701 1705 1708 175 17592737 1737 1734 1745 1728 279728351771 1714 1754 1713 1733 1700 1704 28361712 1724 17 3 4 1748 1782 1733 1747 1764 1740 1718 17282749 1704 1744 1724 1758 1740 1705 1746 1701 1740 28181737 1724 1709 1738 1741 1748 1736 1725 1733 1717 176 1729 1758 1720 1740 1730 172917342767 2834176517492785 1729 1752 1732 1722 1752 1759 1716 1725 1752725 28301746 1750 1754 1768 174 1753 2822282317211721 28241772 1746 1732 1720 28321725 1708 1729 28001754 1741 1737 1755 1279328271760 1749 1726 282317162777 1 72773 1717 1617 1751 1709 1715 1 7 2 6 17552743 1712 176 1736 1753 1770 1701 -Not to Scale--Not a Survey-Rev. 1/27/2020 EXISTING SURROUNDING USES MAP Owner(s): Elizabeth DeArmitt Tony Doan & Le Em Thi Pham Case: ANX2019-12027 ANX2020-01002 Site: 2764 N Terrace Drive 1748 El Trinidad Drive E Property Size(Acres): ROW (Acres): 0.38 Land Use Zoning PIN: 05-29-16-94338-003-0040 05-29-16-94320-002-0120 From : Residential Low (RL), Preservation (P) R-3 Single Family Residential Atlas Page: 264A To: Residential Low (RL), Water/Drainage Feature Overlay Low Medium Density Residential (LMDR) Single Family Residential Single Family Residential Single Family Residential Single Family Residential ANX2019-12027 Elizabeth DeArmitt 2764 North Terrace Drive View looking north at subject property, 2764 North Terrace Drive. West of the subject property East of the subject property Across the street, to the south of the subject property View looking easterly along North Terrace Drive View looking westerly along North Terrace Drive ANX2020-01002 Tony Le Doan & Le Em Thi Pham 1748 El Trinidad Drive East View looking west at subject property, 1748 El Trinidad Drive East. South of the subject property North of the subject property Across the street, to the east of the subject property View looking northerly along El Trinidad Drive East View looking southerly along El Trinidad Drive East Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9362-20 2nd Reading Agenda Date: 4/16/2020 Status: Second ReadingVersion: 1 File Type: Action ItemIn Control: Legal Department Agenda Number: 8.3 SUBJECT/RECOMMENDATION: Adopt Ordinance 9362-20 on second reading, amending the Zoning Atlas of the city by zoning certain real properties whose post office addresses are 1748 El Trinidad Drive East and 2764 North Terrace Drive, all in Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). SUMMARY: Page 1 City of Clearwater Printed on 4/16/2020 Ordinance No. 9362-20 ORDINANCE NO. 9362-20 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTIES LOCATED GENERALLY NORTH OF SR 590, WEST OF MCMULLEN BOOTH ROAD, SOUTH OF SUNSET POINT ROAD, AND EAST OF US HIGHWAY 19 NORTH, WHOSE POST OFFICE ADDRESSES ARE 1748 EL TRINIDAD DRIVE EAST AND 2764 NORTH TERRACE DRIVE, ALL IN CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described properties located in Pinellas County, Florida, are hereby zoned as indicated upon annexation into the City of Clearwater, and the Zoning Atlas of the City is amended, as follows: The map attached as Exhibit B is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the Zoning Atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9360-20. Property Zoning District See attached Exhibit A for legal descriptions . Low Medium Density Residential (LMDR) (ANX2019-12027; ANX2020-01002) Ordinance No. 9362-20 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Mayor Approved as to form: Michael P. Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A LEGAL DESCRIPTIONS ANX2019-12027 & ANX2020-01002 ========================================================================================= No. Parcel ID Lot No., Block No. Address 1. 05-29-16-94338-003-0040 Lot 4, Block 3 2764 North Terrace Drive The above in VIRGINIA GROVE TERRACE FIRST ADDITION, as recorded in PLAT BOOK 37, PAGE 62, of the Public Records of Pinellas County, Florida. No. Parcel ID Lot No., Block No. Address 2. 05-29-16-94320-002-0120 Lot 12, Block 2 1748 El Trinidad Drive E. The above in VIRGINIA GROVE TERRACE, as recorded in PLAT BOOK 37, PAGE 29, of the Public Records of Pinellas County, Florida. Exhibit B 943749435694338 9432094410 98470 L 6 5 5 4 4 2 2 3 3 3 3 1 A B C 3 45 6 789 10 1234567891011121314 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 25 1 3 2 4 5 6 7 8 9 10 13141516171819 DRAINAGE & CONSV ESMNT 6050TRACT A 1 LMDR LMDR P P SR 590 LUCAS DR GROVE DR THOMAS DR ST. CROIX DR EL TRINDAD DR EN TERRACE DR ST. ANTHONY DR ST. JOHN DR 2752274627232747278027761747 1717 282828311711 1 7 3 0 1716 283228121700 1736 275528361705 2824276128261788 1717 31721 1704 17652758 1739 170027342773 91705 1736 171627642738 117482770176427512718 1751 51724 1728 177727241795 5591740 1756 1789 1713 1759 317202740 1745 1727 1709 717312759 31771 17082730 11732 71712 1772 1783 1712 1708 1735 1741 17771765 052840278917212731 1704 1737 28281728 276032 8 0 6 17762781 177 1720 1701 1705 1708 175 17592737 1737 1734 1745 1728 279728351771 1714 1754 1713 1733 1700 1704 28361712 1724 17 3 4 1748 1782 1733 1747 1764 1740 1718 17282749 1704 1744 1724 1758 1740 1705 1746 1701 1740 28181737 1724 1709 1738 1741 1748 1736 1725 1733 1717 176 1729 1758 1720 1740 1730 172917342767 2834176517492785 1729 1752 1732 1722 1752 1759 1716 1725 1752725 28301746 1750 1754 1768 174 1753 2822282317211721 28241772 1746 1732 1720 28321725 1708 1729 28001754 1741 1737 1755 1279328271760 1749 1726 282317162777 1 72773 1717 1617 1751 1709 1715 1 7 2 6 17552743 27701712 176 1736 1753 1770 1701 -Not to Scale--Not a Survey-Rev. 1/27/2020 PROPOSED ZONING MAP Owner(s): Elizabeth DeArmitt Tony Doan & Le Em Thi Pham Case: ANX2019-12027 ANX2020-01002 Site: 2764 N Terrace Drive 1748 El Trinidad Drive E Property Size(Acres): ROW (Acres): 0.38 Land Use Zoning PIN: 05-29-16-94338-003-0040 05-29-16-94320-002-0120 From : Residential Low (RL), Preservation (P) R-3 Single Family Residential Atlas Page: 264A To: Residential Low (RL), Water/Drainage Feature Overlay Low Medium Density Residential (LMDR) SR 590 EVANS DR OWEN DR LUCAS DR GROVE DR ST. CROIX DR DIANE DR THOMAS DR MORNINGSIDE DR N TERRACE DR EL TRINDAD DR EWOODRING DR SKYLAND DR SOUTH DR MARILYN DR ST. ANTHONY DR CATHERINE DR DIANE TER WINWOOD DR OWEN DR -Not to Scale--Not a Survey-Rev. 1/27/2020 ^PROJECT SITE ^ PROJECT SITE LOCATION MAP Owner(s): Elizabeth DeArmitt Tony Doan & Le Em Thi Pham Case: ANX2019-12027 ANX2020-01002 Site: 2764 N Terrace Drive 1748 El Trinidad Drive E Property Size(Acres): ROW (Acres): 0.38 Land Use Zoning PIN: 05-29-16-94338-003-0040 05-29-16-94320-002-0120 From : Residential Low (RL), Preservation (P) R-3 Single Family Residential Atlas Page: 264A To: Residential Low (RL), Water/Drainage Feature Overlay Low Medium Density Residential (LMDR) SR 590 SR 590 LUCAS DR LUCAS DR GROVE DR GROVE DR THOMAS DR THOMAS DR ST. CROIX DR ST. CROIX DR EL TRINDAD DR EEL TRINDAD DR EN TERRACE DRN TERRACE DR ST. ANTHONY DR ST. ANTHONY DR ST. JOHN DR ST. JOHN DR -Not to Scale--Not a Survey-Rev. 1/27/2020 AERIAL MAP Owner(s): Elizabeth DeArmitt Tony Doan & Le Em Thi Pham Case: ANX2019-12027 ANX2020-01002 Site: 2764 N Terrace Drive 1748 El Trinidad Drive E Property Size(Acres): ROW (Acres): 0.38 Land Use Zoning PIN: 05-29-16-94338-003-0040 05-29-16-94320-002-0120 From : Residential Low (RL), Preservation (P) R-3 Single Family Residential Atlas Page: 264A To: Residential Low (RL), Water/Drainage Feature Overlay Low Medium Density Residential (LMDR) 943749435694338 9432094410 98470 L 6 5 5 4 4 2 2 3 3 3 3 1 A B C 3 45 6 789 10 1234567891011121314 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 25 1 3 2 4 5 6 7 8 9 10 13141516171819 DRAINAGE & CONSV ESMNT 6050TRACT A 1 SR 590 LUCAS DR GROVE DR THOMAS DR ST. CROIX DR EL TRINDAD DR EN TERRACE DR ST. ANTHONY DR ST. JOHN DR 275227732746272327472780275927761747 1717 2828276028311711 1 7 3 0 1716 283228121700 1736 275528361705 28242761282627701788 1717 31721 1704 17652758 1739 17002734 91705 1736 171627642738 117482770176427512718 1751 51724 1728 177727241795 5591740 1756 1789 1713 1759 317202740 1745 1727 1709 71731 31771 17082730 11732 71712 1772 1783 1712 1708 1735 1741 17771765 052840278917212731 1704 1737 28281728 32 8 06 17762781 177 1720 1701 1705 1708 175 17592737 1737 1734 1745 1728 279728351771 1714 1754 1713 1733 1700 1704 28361712 1724 17 3 4 1748 1782 1733 1747 1764 1740 1718 17282749 1704 1744 1724 1758 1740 1705 1746 1701 1740 28181737 1724 1709 1738 1741 1748 1736 1725 1733 1717 176 1729 1758 1720 1740 1730 172917342767 2834176517492785 1729 1752 1732 1722 1752 1759 1716 1725 1752725 28301746 1750 1754 1768 174 1753 2822282317211721 28241772 1746 1732 1720 28321725 1708 1729 28001754 1741 1737 1755 1279328271760 1749 1726 282317162777 1 72773 1717 1617 1751 1709 1715 1 7 2 6 17552743 1712 176 1736 1753 1770 1701 -Not to Scale--Not a Survey-Rev. 1/27/2020 EXISTING SURROUNDING USES MAP Owner(s): Elizabeth DeArmitt Tony Doan & Le Em Thi Pham Case: ANX2019-12027 ANX2020-01002 Site: 2764 N Terrace Drive 1748 El Trinidad Drive E Property Size(Acres): ROW (Acres): 0.38 Land Use Zoning PIN: 05-29-16-94338-003-0040 05-29-16-94320-002-0120 From : Residential Low (RL), Preservation (P) R-3 Single Family Residential Atlas Page: 264A To: Residential Low (RL), Water/Drainage Feature Overlay Low Medium Density Residential (LMDR) Single Family Residential Single Family Residential Single Family Residential Single Family Residential ANX2019-12027 Elizabeth DeArmitt 2764 North Terrace Drive View looking north at subject property, 2764 North Terrace Drive. West of the subject property East of the subject property Across the street, to the south of the subject property View looking easterly along North Terrace Drive View looking westerly along North Terrace Drive ANX2020-01002 Tony Le Doan & Le Em Thi Pham 1748 El Trinidad Drive East View looking west at subject property, 1748 El Trinidad Drive East. South of the subject property North of the subject property Across the street, to the east of the subject property View looking northerly along El Trinidad Drive East View looking southerly along El Trinidad Drive East Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9363-20 2nd Reading Agenda Date: 4/16/2020 Status: Second ReadingVersion: 1 File Type: Action ItemIn Control: Legal Department Agenda Number: 8.4 SUBJECT/RECOMMENDATION: Adopt Ordinance 9363-20 on second reading, annexing certain real properties whose post office addresses are 1919 Chenango Avenue and 1274 Sedeeva Circle North, all in Clearwater, Florida 33755, together with all rights-of-way of Chenango Avenue and Sedeeva Circle North, into the corporate limits of the city and redefining the boundary lines of the city to include said additions. SUMMARY: Page 1 City of Clearwater Printed on 4/16/2020 Ordinance No. 9363-20 ORDINANCE NO. 9363-20 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTIES LOCATED GENERALLY NORTH OF SUNSET POINT ROAD, WEST OF NORTH BETTY LANE, SOUTH OF UNION STREET, AND EAST OF DOUGLAS AVENUE, WHOSE POST OFFICE ADDRESSES ARE 1919 CHENANGO AVENUE AND 1274 SEDEEVA CIRCLE NORTH, ALL IN CLEARWATER, FLORIDA 33755, TOGETHER WITH ALL RIGHTS-OF-WAY OF CHENANGO AVENUE AND SEDEEVA CIRCLE NORTH, 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 properties described herein and depicted on the map attached hereto as Exhibit B have petitioned the City of Clearwater to annex the properties into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described properties are hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: See attached Exhibit A for legal descriptions; (ANX2019-11024; ANX2019-12028) 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, Ordinance No. 9363-20 within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Mayor Approved as to form: Michael P. Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A LEGAL DESCRIPTIONS 1.ANX2019-1024: Parcel ID: 03-29-15-28098-000-0040 Address: 1274 Sedeeva Circle N Legal Description: Beginning 10 feet East of the Southwest Corner of Lot 4, Floradel Sub-Division, according to the Map or Plat thereof as recorded in Plat Book 15, Page 7, of the Public Records of Pinellas County, Florida, and run thence East along the South Boundaries of Lots 3 and 4 of Said Floradel Sub-Division, a distance of 50 feet; run thence North a distance of 46 feet; run thence Northwesterly a distance of 45 feet to a Point lying 58 feet East and 44 feet South of the Northwest Corner of said Lot 4; run thence North a distance of 44 feet to the North Boundary of said Lot 3; run thence West along the North Boundaries of said Lots 3 and 4, a distance of 48 feet; and run thence South a distance of 135 feet to the Point of Beginning. Together with 545LF more or less of the Right-of-Way of Sedeeva Circle N, west of N Betty Lane. 2.ANX2019-12028: Parcel ID: 03-29-15-83970-000-0120 Address: 1919 Chenango Avenue Legal Description: Lot (s) 12 and 14, South Binghamton Park, according to the map or plat thereof, as recorded in Plat Book 12, Page(s) 81, of the Public Records of Pinellas County, Florida. Together with 970LF more or less of the Right-of-Way of Chenango Avenue, south of Sedeeva Circle N. Exhibit B 2809828674 499868397087912 O F G G 1 2 3 4 2 3 4 5 6 7 8 9 11 12 13 14 15 16 17 18 19 12345678910111213 14 15 16 17 18 19 20 21 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38394041424344 45 46 47 48 49 50 51 2 3 4 5 6 7 8 9 11 12 13 14 15 16 17 18 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 192021222324 252627 1234 789 10 11 12 13 14 12 2 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 24 1 2 3 4 5 6 7891011 1213 1415 1617 1819 2021 2223 2425 2627 2829 3031 3233 3435 3637 3839 4041 4243 4445 4647 48 49 50 51 52 53 54 55 56 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 2 3 4 5 6 7 9 10 11 12 13 14 2 3 4 5 6 7 8 1 2 3 4 5 6 7 8 22 3 1 42/015 1 1 1 1 1 1 1 1 N BETTY LN SUNSET POINT RD SEDEEVA CIR N ALOHA LN COLES RD SEDEEVA CIR S MACOMBER AVE SHERIDAN RD CHENANGO AVE BERTLAND WAY 1946 1916 1963 190819011206 1231132912341233131412261205132712231300122919271215127512301950 12111209124812791244130412401225196912221232 192312221971 1925 12461223126713021212129912241943 1941 1949 1932 1919 1954 1923 1935 1952 1921 1937 1947 1919 19281924 1940 1937 1958 1903 1969 1940 1962 1921 1917 1926 19311927 1925 1933 1918 1960 1916 1915 1936 1927 1961 1938 1913 1944 1938 1920 1929 1964 1918 1943 1936 1930 1239 12121901 1280129512881247 19811217 12781281125612131909 12511913 30119781260 1910 1201125612131992 123119791230 1233129019521266 1987 120312581221121212861211122612041273120212061249 120612051216193612121237 1928 12101295120812191998 1904 12761997 12141200125512851220120412901261 12641251 127012831942 122412731940 1994 123612761920 1996 1268191512061933 12721201127412741235125112161932 1257 120312371277122412091287127412011917 1287120012271974 121519181278128912941284 1914 1245 19261207 1234120412251995 121812091217128212711233½-Not to Scale--Not a Survey-Rev. 1/21/2020 PROPOSED ANNEXATION Owner(s): Denise Lynn Toledo Carmen Stacey Perretta Case: ANX2019-11024 ANX2019-12028 Site: 1274 Sedeeva Circle N 1919 Chenango Avenue Property Size(Acres): ROW (Acres): 0.359 2.103 Land Use Zoning PIN: 03-29-15-28098-000-0040 03-29-15-83970-000-0120 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 251B To: Residential Urban (RU) Low Medium Density Residential (LMDR) LOCATION MAP Owner(s): Denise Lynn Toledo Carmen Stacey Perretta Case: ANX2019-11024 ANX2019-12028 Site: 1274 Sedeeva Circle N 1919 Chenango Avenue Property Size(Acres): ROW (Acres): 0.359 2.103 Land Use Zoning PIN: 03-29-15-28098-000-0040 03-29-15-83970-000-0120 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 251B To: Residential Urban (RU) Low Medium Density Residential (LMDR) UNION ST N BETTY LN DOUGLAS AVE SUNSET POINT RD IDLEWILD DR PALM ST STATE ST BROADWAY BERMUDA ST POINSETTA AVE SEDEEVA CIR N THE MALL IVA ST SEDEEVA ST OVERBROOK AVE ALOHA LN COLES RD SEDEEVA CIR S MACOMBER AVE SPRINGTIME AVE SHERIDAN RD PORT WAY OAKDALE WAY PINECREST WAY CHENANGO AVE GRANADA ST BERTLAND WAY ^PROJECT SITE -Not to Scale--Not a Survey-Rev. 1/21/2020 ^ PROJECT SITE N BETTY LN N BETTY LN SEDEEVA CIR NSEDEEVA CIR N SUNSET POINT RD SUNSET POINT RD STATE ST STATE ST COLES RD COLES RD ALOHA LN ALOHA LN MACOMBER AVE MACOMBER AVE SEDEEVA CIR SSEDEEVA CIR S SHERIDAN RD SHERIDAN RD BERTLAND WAY BERTLAND WAY -Not to Scale--Not a Survey-Rev. 1/21/2020 AERIAL PHOTOGRAPH Owner(s): Denise Lynn Toledo Carmen Stacey Perretta Case: ANX2019-11024 ANX2019-12028 Site: 1274 Sedeeva Circle N 1919 Chenango Avenue Property Size(Acres): ROW (Acres): 0.359 2.103 Land Use Zoning PIN: 03-29-15-28098-000-0040 03-29-15-83970-000-0120 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 251B To: Residential Urban (RU) Low Medium Density Residential (LMDR) 2809828674 499868397087912 O F G G 1 2 3 4 2 3 4 5 6 7 8 9 11 12 13 14 15 16 17 18 19 12345678910111213 14 15 16 17 18 19 20 21 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38394041424344 45 46 47 48 49 50 51 2 3 4 5 6 7 8 9 11 12 13 14 15 16 17 18 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 192021222324 252627 1234 789 10 11 12 13 14 12 2 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 24 1 2 3 4 5 6 7891011 1213 1415 1617 1819 2021 2223 2425 2627 2829 3031 3233 3435 3637 3839 4041 4243 4445 4647 48 49 50 51 52 53 54 55 56 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 2 3 4 5 6 7 9 10 11 12 13 14 2 3 4 5 6 7 8 1 2 3 4 5 6 7 8 22 3 1 42/015 1 1 1 1 1 1 1 1 N BETTY LN SUNSET POINT RD SEDEEVA CIR N ALOHA LN COLES RD SEDEEVA CIR S MACOMBER AVE SHERIDAN RD CHENANGO AVE BERTLAND WAY 1946 1916 1963 190819011206 1231132912341233131412261205132712231300122919271215127512301950 12111209124812791244130412401225196912221232 192312221971 1925 12461223126713021212129912241943 1941 1949 1932 1919 1954 1923 1935 1952 1921 1937 1947 1919 19281924 1940 1937 1958 1903 1969 1940 1962 1921 1917 1926 19311927 1925 1933 1918 1960 1916 1915 1936 1927 1961 1938 1913 1944 1938 1920 1929 1964 1918 1943 1936 1930 1239 12121901 1280129512881247 19811217 12781281125612131909 12511913 30119781260 1910 1201125612131992 123119791230 1233129019521266 1987 120312581221121212861211122612041273120212061249 120612051216193612121237 1928 12101295120812191998 1904 12761997 12141200125512851220120412901261 12641251 127012831942 122412731940 1994 123612761920 1996 1268191512061933 12721201127412741235125112161932 1257 120312371277122412091287127412011917 1287120012271974 121519181278128912941284 1914 1245 19261207 1234120412251995 121812091217128212711233½-Not to Scale--Not a Survey-Rev. 1/21/2020 EXISTING SURROUNDING USES MAP Owner(s): Denise Lynn Toledo Carmen Stacey Perretta Case: ANX2019-11024 ANX2019-12028 Site: 1274 Sedeeva Circle N 1919 Chenango Avenue Property Size(Acres): ROW (Acres): 0.359 2.103 Land Use Zoning PIN: 03-29-15-28098-000-0040 03-29-15-83970-000-0120 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 251B To: Residential Urban (RU) Low Medium Density Residential (LMDR) Single Family Residential Single Family Residential Single & Multi Family Residential Single Family Residential Single Family Residential ANX2019-11024 Carmen Stacey Perretta 1919 Chenango Avenue View looking east at subject property, 1919 Chenango Avenue. South of the subject property North of the subject property Across the street, to the west of the subject property View looking northerly along Chenango Avenue View looking southerly along Chenango Avenue ANX2019-12028 Denise Toledo 1274 Sedeeva Circle North View looking north at subject property, 1274 Sedeeva Circle North. West of the subject property East of the subject property Across the street, to the south of the subject property View looking easterly along Sedeeva Circle North View looking westerly along Sedeeva Circle North Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9364-20 2nd Reading Agenda Date: 4/16/2020 Status: Second ReadingVersion: 1 File Type: Action ItemIn Control: Legal Department Agenda Number: 8.5 SUBJECT/RECOMMENDATION: Adopt Ordinance 9364-20 on second reading, amending the future land use element of the Comprehensive Plan of the city to designate the land use for certain real properties whose post office addresses are 1919 Chenango Avenue and 1274 Sedeeva Circle North, all in Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Residential Urban (RU). SUMMARY: Page 1 City of Clearwater Printed on 4/16/2020 Ordinance No. 9364-20 ORDINANCE NO. 9364-20 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTIES LOCATED GENERALLY NORTH OF SUNSET POINT ROAD, WEST OF NORTH BETTY LANE, SOUTH OF UNION STREET, AND EAST OF DOUGLAS AVENUE, WHOSE POST OFFICE ADDRESSES ARE 1919 CHENANGO AVENUE AND 1274 SEDEEVA CIRCLE NORTH, ALL IN CLEARWATER, FLORIDA 33755, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL URBAN (RU); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Future Land Use Element of the Comprehensive Plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Future Land Use Element of the Comprehensive Plan of the City of Clearwater is amended by designating the land use category for the hereinafter described properties, upon annexation into the City of Clearwater, as follows: Property Land Use Category See attached Exhibit A for legal descriptions. Residential Urban (RU) (ANX2019-11024; ANX2019-12028) 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. 9363-20. Ordinance No. 9364-20 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Mayor Approved as to form: Michael P. Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A LEGAL DESCRIPTIONS 1.ANX2019-1024: Parcel ID: 03-29-15-28098-000-0040 Address: 1274 Sedeeva Circle N Legal Description: Beginning 10 feet East of the Southwest Corner of Lot 4, Floradel Sub-Division, according to the Map or Plat thereof as recorded in Plat Book 15, Page 7, of the Public Records of Pinellas County, Florida, and run thence East along the South Boundaries of Lots 3 and 4 of Said Floradel Sub-Division, a distance of 50 feet; run thence North a distance of 46 feet; run thence Northwesterly a distance of 45 feet to a Point lying 58 feet East and 44 feet South of the Northwest Corner of said Lot 4; run thence North a distance of 44 feet to the North Boundary of said Lot 3; run thence West along the North Boundaries of said Lots 3 and 4, a distance of 48 feet; and run thence South a distance of 135 feet to the Point of Beginning. Together with 545LF more or less of the Right-of-Way of Sedeeva Circle N, west of N Betty Lane. 2.ANX2019-12028: Parcel ID: 03-29-15-83970-000-0120 Address: 1919 Chenango Avenue Legal Description: Lot (s) 12 and 14, South Binghamton Park, according to the map or plat thereof, as recorded in Plat Book 12, Page(s) 81, of the Public Records of Pinellas County, Florida. Together with 970LF more or less of the Right-of-Way of Chenango Avenue, south of Sedeeva Circle N. Exhibit B 2809828674 499868397087912 O F G G 1 2 3 4 2 3 4 5 6 7 8 9 11 12 13 14 15 16 17 18 19 12345678910111213 14 15 16 17 18 19 20 21 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38394041424344 45 46 47 48 49 50 51 2 3 4 5 6 7 8 9 11 12 13 14 15 16 17 18 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 192021222324 252627 1234 789 10 11 12 13 14 12 2 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 24 1 2 3 4 5 6 7891011 1213 1415 1617 1819 2021 2223 2425 2627 2829 3031 3233 3435 3637 3839 4041 4243 4445 4647 48 49 50 51 52 53 54 55 56 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 2 3 4 5 6 7 9 10 11 12 13 14 2 3 4 5 6 7 8 1 2 3 4 5 6 7 8 22 3 1 42/015 1 1 1 1 1 1 1 1 N BETTY LN SUNSET POINT RD SEDEEVA CIR N ALOHA LN COLES RD SEDEEVA CIR S MACOMBER AVE SHERIDAN RD CHENANGO AVE BERTLAND WAY MDResid RU RU RU RU RU RU RU RU RU RU R/OS PRU P CG RU RU RU I P CG RU RU RM 1949 1932 1954 1946 1952 1916 1947 1963 1924 1940 1958 1903 1908 1940 1962 1926 1925 1918 1960 1901 1916 1915 1936 1927 1961 1938 1913 1944 1938 1964 1918 1943 1936 1930 12391206 12121901 128012881247 1981 127812311213132912341909 19131233 19781260 1910 1314125612131226123119791230 1233120513271290122319521266 1987 12031258130012211212128612291211122619271273 12021249 1206120512161936121212151275 19281230 120812191998 1904 12761997 12141248127912201204129012441261 12641251 127013041942 12241240194012361276 1969 1920126812221915 19331232 12721274127412221 23 5 12511971 12161925 1932 1257 124612231203123712241209120113021917 128712271974 12151918127812121284 1914 129912241234120419431209 121712821 23 3 ½1941 1919 1923 1935 1921 1937 1919 1928 1937 1969 1921 1917 1931 1927 1933 1920 1929 12951217128112561251130112011992 120412061237121012951950 12111200120912551285128312731994 12251996 12061923 120112771267128712741200128912941245 192612071225 1995 12181271-Not to Scale--Not a Survey-Rev. 1/21/2020 PROPOSED FUTURE LAND USE MAP Owner(s): Denise Lynn Toledo Carmen Stacey Perretta Case: ANX2019-11024 ANX2019-12028 Site: 1274 Sedeeva Circle N 1919 Chenango Avenue Property Size(Acres): ROW (Acres): 0.359 2.103 Land Use Zoning PIN: 03-29-15-28098-000-0040 03-29-15-83970-000-0120 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 251B To: Residential Urban (RU) Low Medium Density Residential (LMDR) LOCATION MAP Owner(s): Denise Lynn Toledo Carmen Stacey Perretta Case: ANX2019-11024 ANX2019-12028 Site: 1274 Sedeeva Circle N 1919 Chenango Avenue Property Size(Acres): ROW (Acres): 0.359 2.103 Land Use Zoning PIN: 03-29-15-28098-000-0040 03-29-15-83970-000-0120 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 251B To: Residential Urban (RU) Low Medium Density Residential (LMDR) UNION ST N BETTY LN DOUGLAS AVE SUNSET POINT RD IDLEWILD DR PALM ST STATE ST BROADWAY BERMUDA ST POINSETTA AVE SEDEEVA CIR N THE MALL IVA ST SEDEEVA ST OVERBROOK AVE ALOHA LN COLES RD SEDEEVA CIR S MACOMBER AVE SPRINGTIME AVE SHERIDAN RD PORT WAY OAKDALE WAY PINECREST WAY CHENANGO AVE GRANADA ST BERTLAND WAY ^PROJECT SITE -Not to Scale--Not a Survey-Rev. 1/21/2020 ^ PROJECT SITE N BETTY LN N BETTY LN SEDEEVA CIR NSEDEEVA CIR N SUNSET POINT RD SUNSET POINT RD STATE ST STATE ST COLES RD COLES RD ALOHA LN ALOHA LN MACOMBER AVE MACOMBER AVE SEDEEVA CIR SSEDEEVA CIR S SHERIDAN RD SHERIDAN RD BERTLAND WAY BERTLAND WAY -Not to Scale--Not a Survey-Rev. 1/21/2020 AERIAL PHOTOGRAPH Owner(s): Denise Lynn Toledo Carmen Stacey Perretta Case: ANX2019-11024 ANX2019-12028 Site: 1274 Sedeeva Circle N 1919 Chenango Avenue Property Size(Acres): ROW (Acres): 0.359 2.103 Land Use Zoning PIN: 03-29-15-28098-000-0040 03-29-15-83970-000-0120 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 251B To: Residential Urban (RU) Low Medium Density Residential (LMDR) 2809828674 499868397087912 O F G G 1 2 3 4 2 3 4 5 6 7 8 9 11 12 13 14 15 16 17 18 19 12345678910111213 14 15 16 17 18 19 20 21 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38394041424344 45 46 47 48 49 50 51 2 3 4 5 6 7 8 9 11 12 13 14 15 16 17 18 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 192021222324 252627 1234 789 10 11 12 13 14 12 2 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 24 1 2 3 4 5 6 7891011 1213 1415 1617 1819 2021 2223 2425 2627 2829 3031 3233 3435 3637 3839 4041 4243 4445 4647 48 49 50 51 52 53 54 55 56 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 2 3 4 5 6 7 9 10 11 12 13 14 2 3 4 5 6 7 8 1 2 3 4 5 6 7 8 22 3 1 42/015 1 1 1 1 1 1 1 1 N BETTY LN SUNSET POINT RD SEDEEVA CIR N ALOHA LN COLES RD SEDEEVA CIR S MACOMBER AVE SHERIDAN RD CHENANGO AVE BERTLAND WAY 1946 1916 1963 190819011206 1231132912341233131412261205132712231300122919271215127512301950 12111209124812791244130412401225196912221232 192312221971 1925 12461223126713021212129912241943 1941 1949 1932 1919 1954 1923 1935 1952 1921 1937 1947 1919 19281924 1940 1937 1958 1903 1969 1940 1962 1921 1917 1926 19311927 1925 1933 1918 1960 1916 1915 1936 1927 1961 1938 1913 1944 1938 1920 1929 1964 1918 1943 1936 1930 1239 12121901 1280129512881247 19811217 12781281125612131909 12511913 30119781260 1910 1201125612131992 123119791230 1233129019521266 1987 120312581221121212861211122612041273120212061249 120612051216193612121237 1928 12101295120812191998 1904 12761997 12141200125512851220120412901261 12641251 127012831942 122412731940 1994 123612761920 1996 1268191512061933 12721201127412741235125112161932 1257 120312371277122412091287127412011917 1287120012271974 121519181278128912941284 1914 1245 19261207 1234120412251995 121812091217128212711233½-Not to Scale--Not a Survey-Rev. 1/21/2020 EXISTING SURROUNDING USES MAP Owner(s): Denise Lynn Toledo Carmen Stacey Perretta Case: ANX2019-11024 ANX2019-12028 Site: 1274 Sedeeva Circle N 1919 Chenango Avenue Property Size(Acres): ROW (Acres): 0.359 2.103 Land Use Zoning PIN: 03-29-15-28098-000-0040 03-29-15-83970-000-0120 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 251B To: Residential Urban (RU) Low Medium Density Residential (LMDR) Single Family Residential Single Family Residential Single & Multi Family Residential Single Family Residential Single Family Residential ANX2019-11024 Carmen Stacey Perretta 1919 Chenango Avenue View looking east at subject property, 1919 Chenango Avenue. South of the subject property North of the subject property Across the street, to the west of the subject property View looking northerly along Chenango Avenue View looking southerly along Chenango Avenue ANX2019-12028 Denise Toledo 1274 Sedeeva Circle North View looking north at subject property, 1274 Sedeeva Circle North. West of the subject property East of the subject property Across the street, to the south of the subject property View looking easterly along Sedeeva Circle North View looking westerly along Sedeeva Circle North Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9365-20 2nd Reading Agenda Date: 4/16/2020 Status: Second ReadingVersion: 1 File Type: Action ItemIn Control: Legal Department Agenda Number: 8.6 SUBJECT/RECOMMENDATION: Adopt Ordinance 9365-20 on second reading, amending the Zoning Atlas of the city by zoning certain real properties whose post office addresses are 1919 Chenango Avenue and 1274 Sedeeva Circle North, all in Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). SUMMARY: Page 1 City of Clearwater Printed on 4/16/2020 Ordinance No. 9365-20 ORDINANCE NO. 9365-20 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTIES LOCATED GENERALLY NORTH OF SUNSET POINT ROAD, WEST OF NORTH BETTY LANE, SOUTH OF UNION STREET, AND EAST OF DOUGLAS AVENUE, WHOSE POST OFFICE ADDRESSES ARE 1919 CHENANGO AVENUE AND 1274 SEDEEVA CIRCLE NORTH, ALL IN 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 properties located in Pinellas County, Florida, are hereby zoned as indicated upon annexation into the City of Clearwater, and the Zoning Atlas of the City is amended, as follows: The map attached as Exhibit B is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the Zoning Atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9363-20. Property Zoning District See attached Exhibit A for legal descriptions . Low Medium Density Residential (LMDR) (ANX2019-11024; ANX2019-12028) Ordinance No. 9365-20 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Mayor Approved as to form: Michael P. Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A LEGAL DESCRIPTIONS 1.ANX2019-1024: Parcel ID: 03-29-15-28098-000-0040 Address: 1274 Sedeeva Circle N Legal Description: Beginning 10 feet East of the Southwest Corner of Lot 4, Floradel Sub-Division, according to the Map or Plat thereof as recorded in Plat Book 15, Page 7, of the Public Records of Pinellas County, Florida, and run thence East along the South Boundaries of Lots 3 and 4 of Said Floradel Sub-Division, a distance of 50 feet; run thence North a distance of 46 feet; run thence Northwesterly a distance of 45 feet to a Point lying 58 feet East and 44 feet South of the Northwest Corner of said Lot 4; run thence North a distance of 44 feet to the North Boundary of said Lot 3; run thence West along the North Boundaries of said Lots 3 and 4, a distance of 48 feet; and run thence South a distance of 135 feet to the Point of Beginning. Together with 545LF more or less of the Right-of-Way of Sedeeva Circle N, west of N Betty Lane. 2.ANX2019-12028: Parcel ID: 03-29-15-83970-000-0120 Address: 1919 Chenango Avenue Legal Description: Lot (s) 12 and 14, South Binghamton Park, according to the map or plat thereof, as recorded in Plat Book 12, Page(s) 81, of the Public Records of Pinellas County, Florida. Together with 970LF more or less of the Right-of-Way of Chenango Avenue, south of Sedeeva Circle N. Exhibit B 2809828674 499868397087912 O F G G 1 2 3 4 2 3 4 5 6 7 8 9 11 12 13 14 15 16 17 18 19 12345678910111213 14 15 16 17 18 19 20 21 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38394041424344 45 46 47 48 49 50 51 2 3 4 5 6 7 8 9 11 12 13 14 15 16 17 18 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 192021222324 252627 1234 789 10 11 12 13 14 12 2 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 24 1 2 3 4 5 6 7891011 1213 1415 1617 1819 2021 2223 2425 2627 2829 3031 3233 3435 3637 3839 4041 4243 4445 4647 48 49 50 51 52 53 54 55 56 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 2 3 4 5 6 7 9 10 11 12 13 14 2 3 4 5 6 7 8 1 2 3 4 5 6 7 8 22 3 1 42/015 1 1 1 1 1 1 1 1 N BETTY LN SUNSET POINT RD SEDEEVA CIR N ALOHA LN COLES RD SEDEEVA CIR S MACOMBER AVE SHERIDAN RD CHENANGO AVE BERTLAND WAY LMDR LMDR MDR I OS/ R MDR MDResid LMDR LMDRLMDR LMDR P P 1954 1946 1952 1916 1924 1908 1940 1962 1926 1901 1938 1918 12391206 1901 1247 123113291234123312601314125612261230120513271223195212661258 13001212122912111927 12021215127512301950 121112091248127912441264130419421240 1225123619691222 191512061232 192312221251197112161925 1246122312031237126713021917 12871212129912241204194312091233½1941 1949 1932 1919 1923 1935 1921 1937 1947 1963 1919 1928 1940 1937 1958 1903 1969 1921 1917 19311927 1925 1933 1918 1960 1916 1915 19361927 1961 1913 1944 1938 1920 1929 1964 1943 1936 1930 121212801295128819811217 12781281125612131909 12511913 3011978 1910 120112131992 12311979 123312901987 12031221128612261204127312061249 120612051216193612121237 1928 12101295120812191998 1904 12761997 12141200125512851220120412901261 1251 12701283122412731940 1994 12761920 1996 12681933 127212011274127412351932 1257 127712241209128712741201120012271974 121519181278128912941284 1914 1245 19261207 123412251995 1218121712821271-Not to Scale--Not a Survey-Rev. 1/21/2020 PROPOSED ZONING MAP Owner(s): Denise Lynn Toledo Carmen Stacey Perretta Case: ANX2019-11024 ANX2019-12028 Site: 1274 Sedeeva Circle N 1919 Chenango Avenue Property Size(Acres): ROW (Acres): 0.359 2.103 Land Use Zoning PIN: 03-29-15-28098-000-0040 03-29-15-83970-000-0120 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 251B To: Residential Urban (RU) Low Medium Density Residential (LMDR) LOCATION MAP Owner(s): Denise Lynn Toledo Carmen Stacey Perretta Case: ANX2019-11024 ANX2019-12028 Site: 1274 Sedeeva Circle N 1919 Chenango Avenue Property Size(Acres): ROW (Acres): 0.359 2.103 Land Use Zoning PIN: 03-29-15-28098-000-0040 03-29-15-83970-000-0120 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 251B To: Residential Urban (RU) Low Medium Density Residential (LMDR) UNION ST N BETTY LN DOUGLAS AVE SUNSET POINT RD IDLEWILD DR PALM ST STATE ST BROADWAY BERMUDA ST POINSETTA AVE SEDEEVA CIR N THE MALL IVA ST SEDEEVA ST OVERBROOK AVE ALOHA LN COLES RD SEDEEVA CIR S MACOMBER AVE SPRINGTIME AVE SHERIDAN RD PORT WAY OAKDALE WAY PINECREST WAY CHENANGO AVE GRANADA ST BERTLAND WAY ^PROJECT SITE -Not to Scale--Not a Survey-Rev. 1/21/2020 ^ PROJECT SITE N BETTY LN N BETTY LN SEDEEVA CIR NSEDEEVA CIR N SUNSET POINT RD SUNSET POINT RD STATE ST STATE ST COLES RD COLES RD ALOHA LN ALOHA LN MACOMBER AVE MACOMBER AVE SEDEEVA CIR SSEDEEVA CIR S SHERIDAN RD SHERIDAN RD BERTLAND WAY BERTLAND WAY -Not to Scale--Not a Survey-Rev. 1/21/2020 AERIAL PHOTOGRAPH Owner(s): Denise Lynn Toledo Carmen Stacey Perretta Case: ANX2019-11024 ANX2019-12028 Site: 1274 Sedeeva Circle N 1919 Chenango Avenue Property Size(Acres): ROW (Acres): 0.359 2.103 Land Use Zoning PIN: 03-29-15-28098-000-0040 03-29-15-83970-000-0120 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 251B To: Residential Urban (RU) Low Medium Density Residential (LMDR) 2809828674 499868397087912 O F G G 1 2 3 4 2 3 4 5 6 7 8 9 11 12 13 14 15 16 17 18 19 12345678910111213 14 15 16 17 18 19 20 21 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38394041424344 45 46 47 48 49 50 51 2 3 4 5 6 7 8 9 11 12 13 14 15 16 17 18 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 192021222324 252627 1234 789 10 11 12 13 14 12 2 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 24 1 2 3 4 5 6 7891011 1213 1415 1617 1819 2021 2223 2425 2627 2829 3031 3233 3435 3637 3839 4041 4243 4445 4647 48 49 50 51 52 53 54 55 56 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 2 3 4 5 6 7 9 10 11 12 13 14 2 3 4 5 6 7 8 1 2 3 4 5 6 7 8 22 3 1 42/015 1 1 1 1 1 1 1 1 N BETTY LN SUNSET POINT RD SEDEEVA CIR N ALOHA LN COLES RD SEDEEVA CIR S MACOMBER AVE SHERIDAN RD CHENANGO AVE BERTLAND WAY 1946 1916 1963 190819011206 1231132912341233131412261205132712231300122919271215127512301950 12111209124812791244130412401225196912221232 192312221971 1925 12461223126713021212129912241943 1941 1949 1932 1919 1954 1923 1935 1952 1921 1937 1947 1919 19281924 1940 1937 1958 1903 1969 1940 1962 1921 1917 1926 19311927 1925 1933 1918 1960 1916 1915 1936 1927 1961 1938 1913 1944 1938 1920 1929 1964 1918 1943 1936 1930 1239 12121901 1280129512881247 19811217 12781281125612131909 12511913 30119781260 1910 1201125612131992 123119791230 1233129019521266 1987 120312581221121212861211122612041273120212061249 120612051216193612121237 1928 12101295120812191998 1904 12761997 12141200125512851220120412901261 12641251 127012831942 122412731940 1994 123612761920 1996 1268191512061933 12721201127412741235125112161932 1257 120312371277122412091287127412011917 1287120012271974 121519181278128912941284 1914 1245 19261207 1234120412251995 121812091217128212711233½-Not to Scale--Not a Survey-Rev. 1/21/2020 EXISTING SURROUNDING USES MAP Owner(s): Denise Lynn Toledo Carmen Stacey Perretta Case: ANX2019-11024 ANX2019-12028 Site: 1274 Sedeeva Circle N 1919 Chenango Avenue Property Size(Acres): ROW (Acres): 0.359 2.103 Land Use Zoning PIN: 03-29-15-28098-000-0040 03-29-15-83970-000-0120 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 251B To: Residential Urban (RU) Low Medium Density Residential (LMDR) Single Family Residential Single Family Residential Single & Multi Family Residential Single Family Residential Single Family Residential ANX2019-11024 Carmen Stacey Perretta 1919 Chenango Avenue View looking east at subject property, 1919 Chenango Avenue. South of the subject property North of the subject property Across the street, to the west of the subject property View looking northerly along Chenango Avenue View looking southerly along Chenango Avenue ANX2019-12028 Denise Toledo 1274 Sedeeva Circle North View looking north at subject property, 1274 Sedeeva Circle North. West of the subject property East of the subject property Across the street, to the south of the subject property View looking easterly along Sedeeva Circle North View looking westerly along Sedeeva Circle North Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9366-20 2nd Reading Agenda Date: 4/16/2020 Status: Second ReadingVersion: 1 File Type: Action ItemIn Control: Legal Department Agenda Number: 8.7 SUBJECT/RECOMMENDATION: Adopt Ordinance 9366-20 on second reading, annexing certain real properties whose post office addresses are 24323 and 24479 US Highway 19 North, all in Clearwater, Florida 33763, into the corporate limits of the city and redefining the boundary lines of the city to include said additions. SUMMARY: Page 1 City of Clearwater Printed on 4/16/2020 Ordinance No. 9366-20 ORDINANCE NO. 9366-20 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTIES LOCATED ON THE EAST SIDE OF US HIGHWAY 19 NORTH, APPROXIMATELY 1,315 FEET NORTH OF SUNSET POINT ROAD, WHOSE POST OFFICE ADDRESSES ARE 24323 AND 24479 US HIGHWAY 19 NORTH, ALL IN CLEARWATER, FLORIDA 33763, 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 properties described herein and depicted on the map attached hereto as Exhibit B has petitioned the City of Clearwater to annex the properties into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described properties are hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: See attached Exhibit A for legal descriptions; (ANX2019-11026) 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. 9366-20 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Mayor Approved as to form: Michael P. Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A LEGAL DESCRIPTIONS ANX2019-11026: Parcel ID: 05-29-16-00000-230-0100 Address: 24323 US Highway 19 North Legal Description: The North ½ of the North 330 feet of the Southwest ¼ of the Northwest ¼ of Section 5, Township 29 South, Range 16 East, less the West 100 feet thereof deeded to the State of Florida for road purposes. Parcel ID: 05-29-16-00000-220-0500 Address: 24479 US Highway 19 North Legal Description: The South 810 feet of the Northwest ¼ of the Northwest ¼ of Section 5, Township 29 South, Range 16 East, less the West 100 feet thereof for road right-of-way. LESS AND EXCEPT the following described property: From the Southwest corner of the Northwest ¼ of the Northwest ¼ of said Section 5, run South 89°43’19” East, 100.00 feet to the Point of Beginning and the East right-of-way line of U.S. Highway 19(a 200 foot right-of-way); thence North 01°01’17” East, 578.00 feet along said right-of-way; thence 43.77 feet along the arc of a curve to the right, radius 27.64 feet, chord South 44°21’02” East, 39.34 feet; thence South 01°01’17” West, 76.00 feet; thence 110.99 feet along the arc of a curve to the left, radius 70.08 feet, chord South 44°21’01” East, 99.75 feet; thence South 89°43’19” East, 56.10 feet; thence 10.17 feet along the arc of a curve to the right, radius 6.42 feet, chord South 44°21’01” East, 9.14 feet; thence South 01°01’17” West, 24.39 feet; thence North 89°43’19” West, 21.60 feet; thence South 01°01’17” West, 336.83 feet; thence South 89°43’19” East, 74.10 feet; thence South 01°01’17” West, 35.28 feet; thence North 89°43’19” West, 214.10 feet to the Point of Beginning. Exhibit B PROPOSED ANNEXATION Owner(s): Southern Comfort Park, Inc. Case: ANX2019-11026 Site: 24323 & 24479 US Highway 19 North Property Size(Acres): ROW (Acres): 26.317 Land Use Zoning PIN: 05-29-16-00000-230-0100 05-29-16-00000-220-0500 From : Residential Urban (RU), Residential/Office/Retail (ROR), Recreation/Open Space (R/OS), Preservation (P) Residential Mobile Home (RMH), Commercial Parkway Atlas Page: 255A To: US 19 – Corridor (US 19 C), Preservation (P) US 19, Preservation (P) 39780 74142 25622 46281 66678 66678 66676* 123456 4 5 78 12 1 2 1 22/04 1.65 22/02 2.71 22/05 21.56 4.73 23/01 23/02 4.73 9.66 23/03 21/00 24/07 24/08 24/09 23/04 23/05 3.39 23/06 23/13 22/06 1.54 33.76 4.23 21/03 5.85 39780 34866 * 09072 41 42 46 47 4849 12343456 12341 123456 11 12 13 14 15 16 1 2 3 5 6 7 8 9 10 123456 1234 123456 123456 4 7 891011 12 14151718 1 40083141516 17 6 71 567 1 1 2 1 1 1 1 3 2 1 1 AC(C) AC(C) AC(C) AC(C) AC(C) AC(C) AC AC(C) AC(C) AC(C) AC(C)US-19 NSUNSET POINT RD R E G E N C Y O A K S B L V D HAAS AVE 27502750265024139 2413924195 24275 24479 24323 -Not to Scale--Not a Survey-Rev. 1/28/2020 LOCATION MAP Owner(s): Southern Comfort Park, Inc. Case: ANX2019-11026 Site: 24323 & 24479 US Highway 19 North Property Size(Acres): ROW (Acres): 26.317 Land Use Zoning PIN: 05-29-16-00000-230-0100 05-29-16-00000-220-0500 From : Residential Urban (RU), Residential/Office/Retail (ROR), Recreation/Open Space (R/OS), Preservation (P) Residential Mobile Home (RMH), Commercial Parkway Atlas Page: 255A To: US 19 – Corridor (US 19 C), Preservation (P) US 19, Preservation (P) US-19 NSOULE RD SUNSET POINT RD E US-19 FRONTAGE RDW US-19 FRONTAGE RDSOUTH DR UNION ST LAWSON RD McCORMICK DR WOODRING DR SECOND ST ECHANCERY LN DI A N E D R SUNSET MEADOW DR SUN DOWN DR ROBINWOOD DR FOURTH AVE S CAMDEN RD CAMDEN WAY HARBOR CIR ^ PROJECT SITE -Not to Scale--Not a Survey-Rev. 1/27/2020 AERIAL PHOTOGRAPH Owner(s): Southern Comfort Park, Inc. Case: ANX2019-11026 Site: 24323 & 24479 US Highway 19 North Property Size(Acres): ROW (Acres): 26.317 Land Use Zoning PIN: 05-29-16-00000-230-0100 05-29-16-00000-220-0500 From : Residential Urban (RU), Residential/Office/Retail (ROR), Recreation/Open Space (R/OS), Preservation (P) Residential Mobile Home (RMH), Commercial Parkway Atlas Page: 255A To: US 19 – Corridor (US 19 C), Preservation (P) US 19, Preservation (P) US-19 NUS-19 NSUNSET POINT RD SUNSET POINT RD E US-19 FRONTAGE RDE US-19 FRONTAGE RDW US-19 FRONTAGE RDW US-19 FRONTAGE RDR E G E N C Y O A K S B L V D R E G E N C Y O A K S B L V D HAAS AVE HAAS AVE SEA FRONT CT SEA FRONT CT -Not to Scale--Not a Survey-Rev. 1/28/2020 EXISTING SURROUNDING USES MAP Owner(s): Southern Comfort Park, Inc. Case: ANX2019-11026 Site: 24323 & 24479 US Highway 19 North Property Size(Acres): ROW (Acres): 26.317 Land Use Zoning PIN: 05-29-16-00000-230-0100 05-29-16-00000-220-0500 From : Residential Urban (RU), Residential/Office/Retail (ROR), Recreation/Open Space (R/OS), Preservation (P) Residential Mobile Home (RMH), Commercial Parkway Atlas Page: 255A To: US 19 – Corridor (US 19 C), Preservation (P) US 19, Preservation (P) 39780 74142 25622 46281 66678 66678 66676* 123456 4 5 78 12 1 2 1 22/04 1.65 22/02 2.71 22/05 21.56 4.73 23/01 23/02 4.73 9.66 23/03 21/00 24/07 24/08 24/09 23/04 23/05 3.39 23/06 23/13 22/06 1.54 33.76 4.23 21/03 5.85 39780 34866 * 09072 41 42 46 47 4849 12343456 12341 12 345 6 11 12 13 14 15 16 1 2 3 5 6 7 8 9 10 123456 1234 123456 123456 4 7 891011 12 14151718 1 40083141516 17 6 71 567 1 1 2 1 1 1 1 3 2 1 1 AC(C) AC(C) AC(C) AC(C) AC(C) AC(C) AC AC(C) AC(C) AC(C) AC(C)US-19 NSUNSET POINT RD R E G E N C Y O A K S B L V D HAAS AVE 27502750265024139 2413924195 24275 24479 24323 -Not to Scale--Not a Survey-Rev. 1/28/2020 Storage Mobile Home Park Commercial Vacant Vacant Assisted Living Facility Offices ANX2019-11026 Southern Comfort Park, Inc. 24323 US Highway 19 View looking east at subject property, 24323 US Highway 19. South of the subject property North of the subject property Across the street, to the west of the subject property View looking northerly along US Highway 19 View looking southerly along US Highway 19 ANX2019-11026 Southern Comfort Park, Inc. 24479 US Highway 19 View looking east at subject property, 24479 US Highway 19. South of the subject property North of the subject property Across the street, to the west of the subject property View looking northerly along US Highway 19 View looking southerly along US Highway 19 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9369-20 2nd Reading Agenda Date: 4/16/2020 Status: Second ReadingVersion: 1 File Type: Action ItemIn Control: Legal Department Agenda Number: 8.8 SUBJECT/RECOMMENDATION: Adopt Ordinance 9369-20 on second reading, annexing certain real property whose post office address is 814 Woodruff Avenue, Clearwater, Florida 33756, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. SUMMARY: Page 1 City of Clearwater Printed on 4/16/2020 Ordinance No. 9369-20 ORDINANCE NO. 9369-20 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED GENERALLY ON THE WEST SIDE OF WOODRUFF AVENUE, APPROXIMATELY 380 FEET SOUTH OF DRUID ROAD, WHOSE POST OFFICE ADDRESS IS 814 WOODRUFF AVENUE, CLEARWATER, FLORIDA 33756 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 6, Block B, Oak Acres Subdivision, according to the Map or Plat thereof, as recorded in Plat Book 27, Page(s) 11, of the Public Records of Pinellas County, Florida. (ANX2019-11025) 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. 9369-20 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Mayor Approved as to form: Michael P. Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A 24 23 22 133/0233/0133/03 33/04 33/05 33/06 1.176184861956406AB 10 9 8 5 6 7 8 10 4 3 2 1 1 19 20 21 3 2 7 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 3 4 A 1 DRUID RD S KEENE RD MAGNOLIA DR WOODRUFF AVE WOODCREST AVE FLORIDA AVE PHOENIX AVE 706 819 809 815 804 815 809 801 818 805 710 821 821 713 711 709 804 818 708 814 805 818 800 815 811 809 810 800 814 801 804 179817491737176017561764175018001742176617361750707 708 808 715 810 814 711 805 704 712 17847371809517401735176897-Not to Scale--Not a Survey-Rev. 1/27/2020 PROPOSED ANNEXATION Owner(s): Robert Malesky Case: ANX2019-11025 Site: 814 Woodruff Avenue Property Size(Acres): ROW (Acres): 0.323 Land Use Zoning PIN: 14-29-15-61848-002-0060 From : Residential Low (RL) R-2 Single Family Residential Atlas Page: 297B To: Residential Low (RL) Low Medium Density Residential (LMDR) ^ PROJECT SITE DRUID RD S KEENE RD S DUNCAN AVE GULF-TO-BAY BLVD S KEYSTONE AVE SPENCER AVE PHOENIX AVE TURNER ST FLORIDA AVE WOODSIDE AVE WOODRUFF AVE PINE ST WOODCREST AVE VIRGINIA LN MARION ST PLUMOSA AVE MAGNOLIA DR PARKLAND AVE TURNER ST MAGNOLIA DR -Not to Scale--Not a Survey-Rev. 1/27/2020 LOCATION MAP Owner(s): Robert Malesky Case: ANX2019-11025 Site: 814 Woodruff Avenue Property Size(Acres): ROW (Acres): 0.323 Land Use Zoning PIN: 14-29-15-61848-002-0060 From : Residential Low (RL) R-2 Single Family Residential Atlas Page: 297B To: Residential Low (RL) Low Medium Density Residential (LMDR) DRUID RD DRUID RD S KEENE RD S KEENE RD MAGNOLIA DR MAGNOLIA DR WOODRUFF AVE WOODRUFF AVE WOODCREST AVE WOODCREST AVE FLORIDA AVE FLORIDA AVE PHOENIX AVE PHOENIX AVE -Not to Scale--Not a Survey-Rev. 1/23/2020 AERIAL PHOTOGRAPH Owner(s): Robert Malesky Case: ANX2019-11025 Site: 814 Woodruff Avenue Property Size(Acres): ROW (Acres): 0.323 Land Use Zoning PIN: 14-29-15-61848-002-0060 From : Residential Low (RL) R-2 Single Family Residential Atlas Page: 297B To: Residential Low (RL) Low Medium Density Residential (LMDR) 24 23 22 133/0233/0133/03 33/04 33/05 33/06 1.176184861956406AB 10 9 8 5 6 7 8 10 4 3 2 1 1 19 20 21 3 2 7 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 3 4 A 1 DRUID RD S KEENE RD MAGNOLIA DR WOODRUFF AVE WOODCREST AVE FLORIDA AVE PHOENIX AVE 706 819 809 815 804 815 809 801 818 805 710 821 821 713 711 709 804 818 708 814 805 818 800 815 811 809 810 800 814 801 804 179817491737176017561764175018001742176617361750707 708 808 715 810 814 711 805 704 712 17847371809517401735176897-Not to Scale--Not a Survey-Rev. 1/27/2020 EXISTING SURROUNDING USES MAP Owner(s): Robert Malesky Case: ANX2019-11025 Site: 814 Woodruff Avenue Property Size(Acres): ROW (Acres): 0.323 Land Use Zoning PIN: 14-29-15-61848-002-0060 From : Residential Low (RL) R-2 Single Family Residential Atlas Page: 297B To: Residential Low (RL) Low Medium Density Residential (LMDR) Single Family Residential Single Family Residential ANX2019-11025 Robert Malesky 814 Woodruff Avenue View looking west at subject property, 814 Woodruff Avenue South of subject property North of subject property East of subject property, across Woodruff Avenue View looking northerly along Woodruff Avenue View looking southerly along Woodruff Avenue Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9370-20 2nd Reading Agenda Date: 4/16/2020 Status: Second ReadingVersion: 1 File Type: Action ItemIn Control: Legal Department Agenda Number: 8.9 SUBJECT/RECOMMENDATION: Adopt Ordinance 9370-20 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 814 Woodruff Avenue, Clearwater, Florida 33756, upon annexation into the City of Clearwater, as Residential Low (RL). SUMMARY: Page 1 City of Clearwater Printed on 4/16/2020 Ordinance No. 9370-20 ORDINANCE NO. 9370-20 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 WEST SIDE OF WOODRUFF AVENUE, APPROXIMATELY 380 FEET SOUTH OF DRUID ROAD, WHOSE POST OFFICE ADDRESS IS 814 WOODRUFF 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 property, upon annexation into the City of Clearwater, as follows: Property Land Use Category Lot 6, Block B, Oak Acres Subdivision, according to the Map or Plat thereof, as recorded in Plat Book 27, Page(s) 11, of the Public Records of Pinellas County, Florida. Residential Low (RL) (ANX2019-11025) 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. 9369-20. Ordinance No. 9370-20 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Mayor Approved as to form: Michael P. Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A RL RL RU RU RU RU RL RL RU RU RU RU RL RL RL RU DRUID RD S KEENE RD MAGNOLIA DR WOODRUFF AVE WOODCREST AVE FLORIDA AVE PHOENIX AVE 706 819 809 815 804 815 809 801 818 805 710 821 808 821 713 715 810 711 709 804 818 708 814 805 818 800 815 811 711 809 810 805800 814 801 712 804 1784179817491809173717601756176417351750180017681742176617361750707 708 814 704 7375174097-Not to Scale--Not a Survey-Rev. 1/27/2020 PROPOSED FUTURE LAND USE MAP Owner(s): Robert Malesky Case: ANX2019-11025 Site: 814 Woodruff Avenue Property Size(Acres): ROW (Acres): 0.323 Land Use Zoning PIN: 14-29-15-61848-002-0060 From : Residential Low (RL) R-2 Single Family Residential Atlas Page: 297B To: Residential Low (RL) Low Medium Density Residential (LMDR) ^ PROJECT SITE DRUID RD S KEENE RD S DUNCAN AVE GULF-TO-BAY BLVD S KEYSTONE AVE SPENCER AVE PHOENIX AVE TURNER ST FLORIDA AVE WOODSIDE AVE WOODRUFF AVE PINE ST WOODCREST AVE VIRGINIA LN MARION ST PLUMOSA AVE MAGNOLIA DR PARKLAND AVE TURNER ST MAGNOLIA DR -Not to Scale--Not a Survey-Rev. 1/27/2020 LOCATION MAP Owner(s): Robert Malesky Case: ANX2019-11025 Site: 814 Woodruff Avenue Property Size(Acres): ROW (Acres): 0.323 Land Use Zoning PIN: 14-29-15-61848-002-0060 From : Residential Low (RL) R-2 Single Family Residential Atlas Page: 297B To: Residential Low (RL) Low Medium Density Residential (LMDR) DRUID RD DRUID RD S KEENE RD S KEENE RD MAGNOLIA DR MAGNOLIA DR WOODRUFF AVE WOODRUFF AVE WOODCREST AVE WOODCREST AVE FLORIDA AVE FLORIDA AVE PHOENIX AVE PHOENIX AVE -Not to Scale--Not a Survey-Rev. 1/23/2020 AERIAL PHOTOGRAPH Owner(s): Robert Malesky Case: ANX2019-11025 Site: 814 Woodruff Avenue Property Size(Acres): ROW (Acres): 0.323 Land Use Zoning PIN: 14-29-15-61848-002-0060 From : Residential Low (RL) R-2 Single Family Residential Atlas Page: 297B To: Residential Low (RL) Low Medium Density Residential (LMDR) 24 23 22 133/0233/0133/03 33/04 33/05 33/06 1.176184861956406AB 10 9 8 5 6 7 8 10 4 3 2 1 1 19 20 21 3 2 7 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 3 4 A 1 DRUID RD S KEENE RD MAGNOLIA DR WOODRUFF AVE WOODCREST AVE FLORIDA AVE PHOENIX AVE 706 819 809 815 804 815 809 801 818 805 710 821 821 713 711 709 804 818 708 814 805 818 800 815 811 809 810 800 814 801 804 179817491737176017561764175018001742176617361750707 708 808 715 810 814 711 805 704 712 17847371809517401735176897-Not to Scale--Not a Survey-Rev. 1/27/2020 EXISTING SURROUNDING USES MAP Owner(s): Robert Malesky Case: ANX2019-11025 Site: 814 Woodruff Avenue Property Size(Acres): ROW (Acres): 0.323 Land Use Zoning PIN: 14-29-15-61848-002-0060 From : Residential Low (RL) R-2 Single Family Residential Atlas Page: 297B To: Residential Low (RL) Low Medium Density Residential (LMDR) Single Family Residential Single Family Residential ANX2019-11025 Robert Malesky 814 Woodruff Avenue View looking west at subject property, 814 Woodruff Avenue South of subject property North of subject property East of subject property, across Woodruff Avenue View looking northerly along Woodruff Avenue View looking southerly along Woodruff Avenue Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9371-20 2nd Reading Agenda Date: 4/16/2020 Status: Second ReadingVersion: 1 File Type: Action ItemIn Control: Legal Department Agenda Number: 8.10 SUBJECT/RECOMMENDATION: Adopt Ordinance 9371-20 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 814 Woodruff Avenue, Clearwater, Florida 33756, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). SUMMARY: Page 1 City of Clearwater Printed on 4/16/2020 Ordinance No. 9371-19 ORDINANCE NO. 9371-20 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED GENERALLY ON THE WEST SIDE OF WOODRUFF AVENUE, APPROXIMATELY 380 FEET SOUTH OF DRUID ROAD, WHOSE POST OFFICE ADDRESS IS 814 WOODRUFF AVENUE, CLEARWATER, FLORIDA 33756, 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. 9369-20. Property Zoning District Lot 6, Block B, Oak Acres Subdivision, according to the Map or Plat thereof, as recorded in Plat Book 27, Page(s) 11, of the Public Records of Pinellas County, Florida. Low Medium Density Residential (LMDR) (ANX2019-11025) Ordinance No. 9371-19 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Mayor Approved as to form: Michael P. Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A LMDR MDR LDR DRUID RD S KEENE RD MAGNOLIA DR WOODRUFF AVE WOODCREST AVE FLORIDA AVE PHOENIX AVE 706 819 707 809 815 804 815 809 801 818 805 710 821 808 821 713 715 810 711 709 804 818 708 814 805 818 800 815 811 711 809 810 805800 814 801 712 804 17841798174918091737174017601756176417351750180017681742176617361750708 814 704 67737654957-Not to Scale--Not a Survey-Rev. 1/27/2020 PROPOSED ZONING MAP Owner(s): Robert Malesky Case: ANX2019-11025 Site: 814 Woodruff Avenue Property Size(Acres): ROW (Acres): 0.323 Land Use Zoning PIN: 14-29-15-61848-002-0060 From : Residential Low (RL) R-2 Single Family Residential Atlas Page: 297B To: Residential Low (RL) Low Medium Density Residential (LMDR) ^ PROJECT SITE DRUID RD S KEENE RD S DUNCAN AVE GULF-TO-BAY BLVD S KEYSTONE AVE SPENCER AVE PHOENIX AVE TURNER ST FLORIDA AVE WOODSIDE AVE WOODRUFF AVE PINE ST WOODCREST AVE VIRGINIA LN MARION ST PLUMOSA AVE MAGNOLIA DR PARKLAND AVE TURNER ST MAGNOLIA DR -Not to Scale--Not a Survey-Rev. 1/27/2020 LOCATION MAP Owner(s): Robert Malesky Case: ANX2019-11025 Site: 814 Woodruff Avenue Property Size(Acres): ROW (Acres): 0.323 Land Use Zoning PIN: 14-29-15-61848-002-0060 From : Residential Low (RL) R-2 Single Family Residential Atlas Page: 297B To: Residential Low (RL) Low Medium Density Residential (LMDR) DRUID RD DRUID RD S KEENE RD S KEENE RD MAGNOLIA DR MAGNOLIA DR WOODRUFF AVE WOODRUFF AVE WOODCREST AVE WOODCREST AVE FLORIDA AVE FLORIDA AVE PHOENIX AVE PHOENIX AVE -Not to Scale--Not a Survey-Rev. 1/23/2020 AERIAL PHOTOGRAPH Owner(s): Robert Malesky Case: ANX2019-11025 Site: 814 Woodruff Avenue Property Size(Acres): ROW (Acres): 0.323 Land Use Zoning PIN: 14-29-15-61848-002-0060 From : Residential Low (RL) R-2 Single Family Residential Atlas Page: 297B To: Residential Low (RL) Low Medium Density Residential (LMDR) 24 23 22 133/0233/0133/03 33/04 33/05 33/06 1.176184861956406AB 10 9 8 5 6 7 8 10 4 3 2 1 1 19 20 21 3 2 7 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 3 4 A 1 DRUID RD S KEENE RD MAGNOLIA DR WOODRUFF AVE WOODCREST AVE FLORIDA AVE PHOENIX AVE 706 819 809 815 804 815 809 801 818 805 710 821 821 713 711 709 804 818 708 814 805 818 800 815 811 809 810 800 814 801 804 179817491737176017561764175018001742176617361750707 708 808 715 810 814 711 805 704 712 17847371809517401735176897-Not to Scale--Not a Survey-Rev. 1/27/2020 EXISTING SURROUNDING USES MAP Owner(s): Robert Malesky Case: ANX2019-11025 Site: 814 Woodruff Avenue Property Size(Acres): ROW (Acres): 0.323 Land Use Zoning PIN: 14-29-15-61848-002-0060 From : Residential Low (RL) R-2 Single Family Residential Atlas Page: 297B To: Residential Low (RL) Low Medium Density Residential (LMDR) Single Family Residential Single Family Residential ANX2019-11025 Robert Malesky 814 Woodruff Avenue View looking west at subject property, 814 Woodruff Avenue South of subject property North of subject property East of subject property, across Woodruff Avenue View looking northerly along Woodruff Avenue View looking southerly along Woodruff Avenue Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9375-20 2nd Reading Agenda Date: 4/16/2020 Status: Second ReadingVersion: 1 File Type: Action ItemIn Control: Legal Department Agenda Number: 8.11 SUBJECT/RECOMMENDATION: Adopt Ordinance 9375-20 on second reading, annexing certain real property whose post office address is 2730 Daniel Street, Clearwater, Florida 33761, together with a certain portion of Daniel Street, Charles Avenue, SR 580, and McMullen Booth Road rights-of-way, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. SUMMARY: Page 1 City of Clearwater Printed on 4/16/2020 Ordinance No. 9375-20 ORDINANCE NO. 9375-20 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED GENERALLY ON THE WEST SIDE OF DANIEL STREET, APPROXIMATELY 150 FEET SOUTHWEST OF CHARLES AVENUE, WHOSE POST OFFICE ADDRESS IS 2730 DANIEL STREET, CLEARWATER, FLORIDA 33761, TOGETHER WITH A CERTAIN PORTION OF DANIEL STREET, CHARLES AVENUE, SR 580, AND MCMULLEN BOOTH ROAD RIGHTS-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 property described herein and depicted on the map attached hereto as Exhibit B have petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: See attached Exhibit A for Legal Descriptions. (ANX2020-01003) 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. 9375-20 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Mayor Approved as to form: Michael P. Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A LEGAL DESCRIPTION ANX2020-01003 ========================================================================================= No. Parcel ID Lot No., Block No. Address 1. 28-28-16-00036-001-0120 Lot 12, Block 1 2730 Daniel Street The above in ACKER’S SUB-DIVISION, as recorded in PLAT BOOK 30, PAGE 91, of the Public Records of Pinellas County, Florida. Together with: 570LF, more or less, of the Right‐of‐Way of Daniel St., Northeasterly of Allen Ave. to Charles Ave, And 132LF, more or less, of the Right‐of‐Way of Daniel St., abutting Lots 2 & 3, Block 3, of said Acker's Sub‐Division. Together with: 750LF, more or less, of the Right‐of‐Way of Charles Ave., Westerly from McMullen Booth Rd. to SR580. Together with: 220LF, more or less, of the Right‐of‐Way of SR580 abutting Lots 1 & 2, Block 1, of said Acker’s Sub‐Division, And 180LF, more or less, of the Right‐of‐Way of SR580 abutting Lots 8 & 9, Block 1, of said Acker’s Sub‐Division, and the intersection of SR580 & Charles St. Together with: 1,330LF, more or less, of the Right‐of‐Way of McMullen Booth Rd. in the SW ½ of NW ¼ of Section 28, Township 28S, Range 16E, North of Allen Ave. up to and including the intersection of SR580 and McMullen Booth Rd. Exhibit B 00104 00036 2 4 3 1 1 2 3 4 5 6 7 8 9 10 1314 15 16 17 18 19 20 21 22 23 1 2 3 4 5 6 7 8 9 1011 1 2 3 16171819 201 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 11 21/03 2.89 1.02 2536.872510.19876.67149.58 376.54152.79825.856.9 1 16 9.76 471.449.395 44.758.342.08132.81146.3110 140 272.51VAC 30 31 VAC3042 41 40 39 38 13 12 11 10 11 29 AC(C) AC(C)DANIEL ST C H A R L E S A V E SR 580 DANIEL ST N McMULLEN BOOTH RD CHARLES AVE ALLEN AVE ALLEN AVE 26803112300027303100309027332789271927272763306027502745310127302761310627352745272030702998275327592723275527372758 275427602734 3050273627292715-Not to Scale--Not a Survey-Rev. 1/28/2020 PROPOSED ANNEXATION MAP Owner(s): Kyla N. Campbell & Anthony Weigand Case: ANX2020-01003 Site: 2730 Daniel Street Property Size(Acres): ROW (Acres): 0.18 5.8 Land Use Zoning PIN: 28-28-16-00036-001-0120 From : Residential Urban (RU) R-3 Single Family Residential Atlas Page: 212A To: Residential Urban (RU) Low Medium Density Residential (LMDR) SR 580 DANIEL ST N McMULLEN BOOTH RD DIAMOND BLVD ALLEN AVE CHARLES AVE EMERALD DR GARNET LN CRYSTAL DR RUBY CIR MEADOW OAK DR ECASCADE DR KENILWICK DR SALLEN AVE 30902984273327892669 2674 2680 2672 2727271927632666 30602801 2667 2750 31012 6 8 5 274531012699 3089266227612795 2675 31062679 2819 273529722825 2789 2660 26763088 27452989 2678 30702998266927532978298527592997 2652272329782755 2664311227373082 2758 2682 2754 265629772673 2672 2 9 9 1 31132760273430002807 2730 309429812981309527292993 31352730272029752831 29902985 2666 2813 30502736310029742715-Not to Scale--Not a Survey-Rev. 1/28/2020 ^ PROJECT SITE LOCATION MAP Owner(s): Kyla N. Campbell & Anthony Weigand Case: ANX2020-01003 Site: 2730 Daniel Street Property Size(Acres): ROW (Acres): 0.18 5.8 Land Use Zoning PIN: 28-28-16-00036-001-0120 From : Residential Urban (RU) R-3 Single Family Residential Atlas Page: 212A To: Residential Urban (RU) Low Medium Density Residential (LMDR) DANIEL ST DANIEL ST C H A R L E S A V E C H A R L E S A V E I SR 580 SR 580 DANIEL ST DANIEL ST N McMULLEN BOOTH RD N McMULLEN BOOTH RD CHARLES AVE CHARLES AVE ALLEN AVE ALLEN AVE ALLEN AVE ALLEN AVE -Not to Scale--Not a Survey-Rev. 1/29/2020 AERIAL MAP Owner(s): Kyla N. Campbell & Anthony Weigand Case: ANX2020-01003 Site: 2730 Daniel Street Property Size(Acres): ROW (Acres): 0.18 5.77 Land Use Zoning PIN: 28-28-16-00036-001-0120 From : Residential Urban (RU) R-3 Single Family Residential Atlas Page: 212A To: Residential Urban (RU) Low Medium Density Residential (LMDR) 00104 00036 2 4 3 1 1 2 3 4 5 6 7 8 9 10 1314 15 16 17 18 19 20 21 22 23 1 2 3 4 5 6 7 8 9 1011 1 2 3 16171819 201 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 11 21/03 2.89 1.02 2536.872510.19876.67149.58 376.54152.79825.856.9 1 16 9.76 471.449.395 44.758.342.08132.81146.3110 140 272.51VAC 30 31 VAC3042 41 40 39 38 13 12 11 10 11 29 AC(C) AC(C)DANIEL ST C H A R L E S A V E SR 580 DANIEL ST N McMULLEN BOOTH RD CHARLES AVE ALLEN AVE ALLEN AVE 311231002680300027303090275027532763310130702789299827372745272331062715273327292760276127192759306027352755274527272730275827203050275427362734-Not to Scale--Not a Survey-Rev. 2/3/2020 EXISTING SURROUNDING USES MAP Owner(s): Kyla N. Campbell & Anthony Weigand Case: ANX2020-01003 Site: 2730 Daniel Street Property Size(Acres): ROW (Acres): 0.18 5.8 Land Use Zoning PIN: 28-28-16-00036-001-0120 From : Residential Urban (RU) R-3 Single Family Residential Atlas Page: 212A To: Residential Urban (RU) Low Medium Density Residential (LMDR) Institutional Commercial Commercial Single Family Residential ANX2020-01003 Kyla N. Campbell &Anthony Weigand 2730 Daniel Street View looking west at subject property, 2730 Daniel Street South of subject property North of subject property East of subject property, across Daniel Street View looking northerly along Daniel Street View looking southerly along Daniel Street Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9376-20 2nd Reading Agenda Date: 4/16/2020 Status: Second ReadingVersion: 1 File Type: Action ItemIn Control: Legal Department Agenda Number: 8.12 SUBJECT/RECOMMENDATION: Adopt Ordinance 9376-20 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 2730 Daniel Street, Clearwater, Florida 33761, upon annexation into the City of Clearwater, as Residential Low (RL). SUMMARY: Page 1 City of Clearwater Printed on 4/16/2020 Ordinance No. 9376-20 ORDINANCE NO. 9376-20 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 WEST SIDE OF DANIEL STREET, APPROXIMATELY 150 FEET SOUTHWEST OF CHARLES AVENUE, WHOSE POST OFFICE ADDRESS IS 2730 DANIEL STREET, CLEARWATER, FLORIDA 33761, 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 12, Block 1, Acker’s Sub-Division, according to the Map or Plat thereof, as recorded in Plat Book 30, Page(s) 91, of the Public Records of Pinellas County, Florida. Residential Urban (RU) (ANX2020-01003) 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. Ordinance No. 9376-20 Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9375-20. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Mayor Approved as to form: Michael P. Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A 00104 00036 2 4 3 1 1 2 3 4 5 6 7 8 9 10 1314 15 16 17 18 19 20 21 22 23 1 2 3 4 5 6 7 8 9 1011 1 2 3 16171819 201 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 11 21/03 2.89 1.02 2536.872510.19876.67149.58 376.54152.79825.856.9 1 16 9.76 471.449.395 44.758.342.08132.81146.3110 140 272.51VAC 30 31 VAC3042 41 40 39 38 13 12 11 10 11 29 AC(C) AC(C) R/OG RU C H A R L E S A V E DANIEL ST I RU RH CG RU R/OG R/OG RU RU RU RU R/OG R/OG R/OG RU RUSR 580 DANIEL ST N McMULLEN BOOTH RD CHARLES AVE ALLEN AVE ALLEN AVE 30902763 307031002737 2745 31062715 2760 2761 2719 30603000 2730 2720 2754 27362734 2750 31122753 3101 2789 29982723 2733 2729 2759 2680 2735 2755 2745 2727 2730 2758 3050-Not to Scale--Not a Survey-Rev. 2/3/2020 PROPOSED FUTURE LAND USE MAP Owner(s): Kyla N. Campbell & Anthony Weigand Case: ANX2020-01003 Site: 2730 Daniel Street Property Size(Acres): ROW (Acres): 0.18 5.8 Land Use Zoning PIN: 28-28-16-00036-001-0120 From : Residential Urban (RU) R-3 Single Family Residential Atlas Page: 212A To: Residential Urban (RU) Low Medium Density Residential (LMDR) SR 580 DANIEL ST N McMULLEN BOOTH RD DIAMOND BLVD ALLEN AVE CHARLES AVE EMERALD DR GARNET LN CRYSTAL DR RUBY CIR MEADOW OAK DR ECASCADE DR KENILWICK DR SALLEN AVE 30902984273327892669 2674 2680 2672 2727271927632666 30602801 2667 2750 31012 6 8 5 274531012699 3089266227612795 2675 31062679 2819 273529722825 2789 2660 26763088 27452989 2678 30702998266927532978298527592997 2652272329782755 2664311227373082 2758 2682 2754 265629772673 2672 2 9 9 1 31132760273430002807 2730 309429812981309527292993 31352730272029752831 29902985 2666 2813 30502736310029742715-Not to Scale--Not a Survey-Rev. 1/28/2020 ^ PROJECT SITE LOCATION MAP Owner(s): Kyla N. Campbell & Anthony Weigand Case: ANX2020-01003 Site: 2730 Daniel Street Property Size(Acres): ROW (Acres): 0.18 5.8 Land Use Zoning PIN: 28-28-16-00036-001-0120 From : Residential Urban (RU) R-3 Single Family Residential Atlas Page: 212A To: Residential Urban (RU) Low Medium Density Residential (LMDR) DANIEL ST DANIEL ST C H A R L E S A V E C H A R L E S A V E I SR 580 SR 580 DANIEL ST DANIEL ST N McMULLEN BOOTH RD N McMULLEN BOOTH RD CHARLES AVE CHARLES AVE ALLEN AVE ALLEN AVE ALLEN AVE ALLEN AVE -Not to Scale--Not a Survey-Rev. 1/29/2020 AERIAL MAP Owner(s): Kyla N. Campbell & Anthony Weigand Case: ANX2020-01003 Site: 2730 Daniel Street Property Size(Acres): ROW (Acres): 0.18 5.77 Land Use Zoning PIN: 28-28-16-00036-001-0120 From : Residential Urban (RU) R-3 Single Family Residential Atlas Page: 212A To: Residential Urban (RU) Low Medium Density Residential (LMDR) 00104 00036 2 4 3 1 1 2 3 4 5 6 7 8 9 10 1314 15 16 17 18 19 20 21 22 23 1 2 3 4 5 6 7 8 9 1011 1 2 3 16171819 201 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 11 21/03 2.89 1.02 2536.872510.19876.67149.58 376.54152.79825.856.9 1 16 9.76 471.449.395 44.758.342.08132.81146.3110 140 272.51VAC 30 31 VAC3042 41 40 39 38 13 12 11 10 11 29 AC(C) AC(C)DANIEL ST C H A R L E S A V E SR 580 DANIEL ST N McMULLEN BOOTH RD CHARLES AVE ALLEN AVE ALLEN AVE 311231002680300027303090275027532763310130702789299827372745272331062715273327292760276127192759306027352755274527272730275827203050275427362734-Not to Scale--Not a Survey-Rev. 2/3/2020 EXISTING SURROUNDING USES MAP Owner(s): Kyla N. Campbell & Anthony Weigand Case: ANX2020-01003 Site: 2730 Daniel Street Property Size(Acres): ROW (Acres): 0.18 5.8 Land Use Zoning PIN: 28-28-16-00036-001-0120 From : Residential Urban (RU) R-3 Single Family Residential Atlas Page: 212A To: Residential Urban (RU) Low Medium Density Residential (LMDR) Institutional Commercial Commercial Single Family Residential ANX2020-01003 Kyla N. Campbell &Anthony Weigand 2730 Daniel Street View looking west at subject property, 2730 Daniel Street South of subject property North of subject property East of subject property, across Daniel Street View looking northerly along Daniel Street View looking southerly along Daniel Street Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9377-20 2nd Reading Agenda Date: 4/16/2020 Status: Second ReadingVersion: 1 File Type: Action ItemIn Control: Legal Department Agenda Number: 8.13 SUBJECT/RECOMMENDATION: Adopt Ordinance 9377-20 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 2730 Daniel Street, Clearwater, Florida 33761, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). SUMMARY: Page 1 City of Clearwater Printed on 4/16/2020 Ordinance No. 9377-20 ORDINANCE NO. 9377-20 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED GENERALLY ON THE WEST SIDE OF DANIEL STREET, APPROXIMATELY 150 FEET SOUTHWEST OF CHARLES AVENUE, WHOSE POST OFFICE ADDRESS IS 2730 DANIEL STREET, CLEARWATER, FLORIDA 33761, 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. 9375-20. Property Zoning District Lot 12, Block 1, Acker’s Sub-Division, according to the Map or Plat thereof, as recorded in Plat Book 30, Page(s) 91, of the Public Records of Pinellas County, Florida. Low Medium Density Residential (LMDR) (ANX2020-01003) Ordinance No. 9377-20 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Mayor Approved as to form: Michael P. Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A 00104 00036 2 4 3 1 1 2 3 4 5 6 7 8 9 10 1314 15 16 17 18 19 20 21 22 23 1 2 3 4 5 6 7 8 9 1011 1 2 3 16171819 201 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 11 21/03 2.89 1.02 2536.872510.19876.67149.58 376.54152.79825.856.9 1 16 9.76 471.449.395 44.758.342.08132.81146.3110 140 272.51VAC 30 31 VAC3042 41 40 39 38 13 12 11 10 11 29 AC(C) AC(C) L M D R DANIEL ST C H A R L E S A V E I O C O O LMDR MHDR LM DRO LMDRSR 580 DANIEL ST N McMULLEN BOOTH RD CHARLES AVE ALLEN AVE ALLEN AVE 31003000273030902750 3112275327633101307027892998273727452723310627152733272927602761271927592680306027352755274527272730275827203050275427362734-Not to Scale--Not a Survey-Rev. 2/3/2020 PROPOSED ZONING MAP Owner(s): Kyla N. Campbell & Anthony Weigand Case: ANX2020-01003 Site: 2730 Daniel Street Property Size(Acres): ROW (Acres): 0.18 5.8 Land Use Zoning PIN: 28-28-16-00036-001-0120 From : Residential Urban (RU) R-3 Single Family Residential Atlas Page: 212A To: Residential Urban (RU) Low Medium Density Residential (LMDR) SR 580 DANIEL ST N McMULLEN BOOTH RD DIAMOND BLVD ALLEN AVE CHARLES AVE EMERALD DR GARNET LN CRYSTAL DR RUBY CIR MEADOW OAK DR ECASCADE DR KENILWICK DR SALLEN AVE 30902984273327892669 2674 2680 2672 2727271927632666 30602801 2667 2750 31012 6 8 5 274531012699 3089266227612795 2675 31062679 2819 273529722825 2789 2660 26763088 27452989 2678 30702998266927532978298527592997 2652272329782755 2664311227373082 2758 2682 2754 265629772673 2672 2 9 9 1 31132760273430002807 2730 309429812981309527292993 31352730272029752831 29902985 2666 2813 30502736310029742715-Not to Scale--Not a Survey-Rev. 1/28/2020 ^ PROJECT SITE LOCATION MAP Owner(s): Kyla N. Campbell & Anthony Weigand Case: ANX2020-01003 Site: 2730 Daniel Street Property Size(Acres): ROW (Acres): 0.18 5.8 Land Use Zoning PIN: 28-28-16-00036-001-0120 From : Residential Urban (RU) R-3 Single Family Residential Atlas Page: 212A To: Residential Urban (RU) Low Medium Density Residential (LMDR) DANIEL ST DANIEL ST C H A R L E S A V E C H A R L E S A V E I SR 580 SR 580 DANIEL ST DANIEL ST N McMULLEN BOOTH RD N McMULLEN BOOTH RD CHARLES AVE CHARLES AVE ALLEN AVE ALLEN AVE ALLEN AVE ALLEN AVE -Not to Scale--Not a Survey-Rev. 1/29/2020 AERIAL MAP Owner(s): Kyla N. Campbell & Anthony Weigand Case: ANX2020-01003 Site: 2730 Daniel Street Property Size(Acres): ROW (Acres): 0.18 5.77 Land Use Zoning PIN: 28-28-16-00036-001-0120 From : Residential Urban (RU) R-3 Single Family Residential Atlas Page: 212A To: Residential Urban (RU) Low Medium Density Residential (LMDR) 00104 00036 2 4 3 1 1 2 3 4 5 6 7 8 9 10 1314 15 16 17 18 19 20 21 22 23 1 2 3 4 5 6 7 8 9 1011 1 2 3 16171819 201 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 11 21/03 2.89 1.02 2536.872510.19876.67149.58 376.54152.79825.856.9 1 16 9.76 471.449.395 44.758.342.08132.81146.3110 140 272.51VAC 30 31 VAC3042 41 40 39 38 13 12 11 10 11 29 AC(C) AC(C)DANIEL ST C H A R L E S A V E SR 580 DANIEL ST N McMULLEN BOOTH RD CHARLES AVE ALLEN AVE ALLEN AVE 311231002680300027303090275027532763310130702789299827372745272331062715273327292760276127192759306027352755274527272730275827203050275427362734-Not to Scale--Not a Survey-Rev. 2/3/2020 EXISTING SURROUNDING USES MAP Owner(s): Kyla N. Campbell & Anthony Weigand Case: ANX2020-01003 Site: 2730 Daniel Street Property Size(Acres): ROW (Acres): 0.18 5.8 Land Use Zoning PIN: 28-28-16-00036-001-0120 From : Residential Urban (RU) R-3 Single Family Residential Atlas Page: 212A To: Residential Urban (RU) Low Medium Density Residential (LMDR) Institutional Commercial Commercial Single Family Residential ANX2020-01003 Kyla N. Campbell &Anthony Weigand 2730 Daniel Street View looking west at subject property, 2730 Daniel Street South of subject property North of subject property East of subject property, across Daniel Street View looking northerly along Daniel Street View looking southerly along Daniel Street Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9381-20 2nd Reading Agenda Date: 4/16/2020 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 8.14 SUBJECT/RECOMMENDATION: Adopt Ordinance 9381-20 on second reading, vacating a platted 5-foot utility easement lying in a portion of Lot 8, Block 69, Mandalay, as recorded in Plat Book 14, Page 32, of the Public Records of Pinellas County, Florida. SUMMARY: Page 1 City of Clearwater Printed on 4/16/2020 1 Ord. No. 9381-20 ORDINANCE NO. 9381-20 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING A PLATTED 5 FOOT UTILITY EASEMENT, LYING IN A PORTION OF LOT 8, BLOCK 69, MANDALAY, AS RECORDED IN PLAT BOOK 14, PAGE 32, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA: PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner in fee title of real property described and depicted in Exhibit “A”, attached hereto and incorporated herein, has requested that the City vacate said easement; and WHEREAS, the City Council of the City of Clearwater, Florida finds that said easement is not necessary for municipal use and it is deemed to be in the best interest of the City and the general public that the same be vacated; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: A portion of easement described as follows: See Exhibit “A” is hereby vacated, closed and released, and the City of Clearwater releases all of its right, title and interest thereto. Section 2. The City Clerk shall record this ordinance in the Public Records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING ________________________________ PASSED ON SECOND AND FINAL READING AND ADOPTED ________________________________ ________________________________ Frank Hibbard Mayor 2 Ord. No. 9381-20 Approved as to form: Attest: ________________________________ ________________________________ Michael P. Fuino Rosemarie Call Assistant City Attorney City Clerk EXHIBIT A ELDORADO AVE ISLAN D D R 984 1001 1010 1011 1013 1002 1000 1015 1020 1006 AERIAL MAP Proposed Vacation5' Utility Easement ² N.T.S.Scale: Document Path: C:\Users\Wioletta.Dabrowski\City of Clearwater\Engineering Geographic Technology - Location Maps\1006 Eldorado Ave.mxd Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com Proposed Utility Easement Vacation1006 Eldorado Ave. Page 1 of 1Aerial Flown 2019 Date:1/16/2020WDMap Gen By:238AGrid #:12-28s-15eS-T-R:RBReviewed By: Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9382-20 2nd Reading Agenda Date: 4/16/2020 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 8.15 SUBJECT/RECOMMENDATION: Adopt Ordinance 9382-20 on second reading, vacating the west 5-foot portion of a 10-foot platted drainage and utility easement, lying in Lot 12, Landmark Woods of Countryside, as recorded in Plat Book 72, Page 92, of the Public Records of Pinellas County, Florida. SUMMARY: Page 1 City of Clearwater Printed on 4/16/2020 1 Ord. No. 9382-20 ORDINANCE NO. 9382-20 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING THE WEST 5 FOOT PORTION OF A 10 FOOT PLATTED DRAINAGE & UTILITY EASEMENT, LYING IN LOT 12, LANDMARK WOODS OF COUNTRYSIDE, AS RECORDED IN PLAT BOOK 72, PAGE 92, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner in fee title of real property described and depicted in Exhibit “A”, attached hereto and incorporated herein, has requested that the City vacate said easement; and WHEREAS, the City Council of the City of Clearwater, Florida finds that said easement is not necessary for municipal use and it is deemed to be in the best interest of the City and the general public that the same be vacated; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: A portion of easement described as follows: See Exhibit “A” is hereby vacated, closed and released, and the City of Clearwater releases all of its right, title and interest thereto. Section 2. The City Clerk shall record this ordinance in the Public Records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING ________________________________ PASSED ON SECOND AND FINAL READING AND ADOPTED ________________________________ ________________________________ Frank Hibbard Mayor 2 Ord. No. 9382-20 Approved as to form: Attest: ________________________________ ________________________________ Michael P. Fuino Rosemarie Call Assistant City Attorney City Clerk FOUND 1/2" POI N T O F CU R V A T U R E AT L O T 1 4 41.20' (P)C (P) GL E N H O L L O W D R I V E AS P H A L T R O A D W A Y 50' R I G H T - O F - W A Y LC LO T 1 2 LO T 1 4 S29° 00' 00"W 110.00'S6 1 ° 0 0 ' 0 0 " E 1 3 0 . 0 0 'GLEN HOLLOW DRIVEASPHALT ROADWAY50' RIGHT-OF-WAYLCFO U N D 1 / 2 " IRO N R O D BL O C K CO R N E R FO U N D 1 / 2 " IRO N R O D FO U N D 1 / 2 " IRO N R O D FO U N D 1 / 2 " IRO N R O D N29° 00' 00"E 110.00'LO T 1 3 5' 10'10'10' 15. 0 ' U.E . ( PL A T B O O K 7 2 , PA G E 9 2 ) LC 10. 0 ' U.E . ( PL A T B O O K 7 2 , PA G E 9 2 ) LC 5'5'N6 1 ° 0 0 ' 0 0 " W 1 3 0 . 0 0 ' 5' VA C A T E D 5.0' O F PL A T T E D U . E . (PL A T B O O K 7 2 , P A G E 9 2 ) S6 1 ° 0 0 ' 0 0 " E 1 2 0 . 0 0 'P.O.C.S29° 00' 00"W 105.00'N29° 00' 00"E 105.00'L3 L2L1Line Table Line # L1 L2 L3 Length 5.00' 5.00' 5.00' Direction S29° 00' 00"W S61° 00' 00"E N61° 00' 00"W 525.00'SQFT.SHEET 1 OF 2 (SKETCH OF SURVEY) - SEE SHEET 2 OF 2 FOR LEGAL DESCRIPTION, AND OTHER SURVEY RELATED DATA. SURVEY IS NOT COMPLETE WITHOUT ALL SHEETS AERIAL PHOTOGRAPH (NOT-TO-SCALE) SKETCH AND LEGAL DESCRIPTION FOR PORTION OF VACATED EASMENT - ALL ANGLES AND DISTANCES SHOWN HEREON ARE BOTH RECORD AND MEASURED UNLESS OTHERWISE NOTED SCALE:1"=30' 2869 GLEN HOLLOW DRIVE, CLEARWATER, FL 33761 EXHIBIT A SHEET 1 OF 2 (SKETCH OF SURVEY) - SEE SHEET 2 OF 2 FOR LEGAL DESCRIPTION, AND OTHER SURVEY RELATED DATA. SURVEY IS NOT COMPLETE WITHOUT ALL SHEETS AERIAL PHOTOGRAPH (NOT-TO-SCALE) SKETCH AND LEGAL DESCRIPTION FOR PORTION OF VACATED EASMENT A PORTION OF A 10' EASEMENT TO BE VACATED AS DESCRIBED AS FOLLOWS: COMMENCE AT NW CORNER OF LOT 12, OF LANDMARK WOODS OF COUNTRYSIDE ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 72, PAGE 92 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA.; THENCE S 29 DEG 00 MIN 00 SEC W, 5.00 FEET; THENCE S 61 DEG 00 MIN 00 SEC E, 120.00 FEET TO POINT OF BEGINNING; THENCE CONTINUE S 61 DEG 00 MIN 00 SEC E, 5.00 FEET; THENCE S 29 SEC 00 MIN 00 MIN W, 105.00 FEET TO THE SOUTH BOUNDARY LINE OF SAID LOT 12; THENCE N 61 DEG 00 MIN 00 SEC W, 5.00 FEET; THENCE N 29 DEG 00 MIN 00 SEC E, 105.00 FEET TO POINT OF BEGINNING - ALL ANGLES AND DISTANCES SHOWN HEREON ARE BOTH RECORD AND MEASURED UNLESS OTHERWISE NOTED 2869 GLEN HOLLOW DRIVE, CLEARWATER, FL 33761 LANDMARK DR GLEN HOLLOW DR STOCKWOOD DR 2872 2869 2840 2875 2878 2854296228482842AERIAL MAP Proposed Vacation5' Utility Easement ² N.T.S.Scale: Document Path: C:\Users\Wioletta.Dabrowski\City of Clearwater\Engineering Geographic Technology - Location Maps\2869 Glen Hollow Dr.mxd Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com Proposed Utility Easement Vacation2869 Glen Hollow Dr. Page 1 of 1Aerial Flown 2019 Date:1/16/2020WDMap Gen By:211BGrid #:29-28s-16eS-T-R:RBReviewed By: Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9384-20 2nd Reading Agenda Date: 4/16/2020 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 8.16 SUBJECT/RECOMMENDATION: Adopt Ordinance 9384-20 on second reading, vacating the easterly 5 feet of a platted 10-foot utility easement abutting Landmark Drive, and being a portion of Lot 11, Oakbrook Estates, according to the Plat thereof, recorded in Plat Book 118, Pages 47-48 of the Public Records of Pinellas County, Florida. SUMMARY: Page 1 City of Clearwater Printed on 4/16/2020 1 Ord. No. 9384-20 ORDINANCE NO. 9384-20 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING THE EASTERLY 5 FEET OF A PLATTED 10 FOOT UTILITY EASEMENT ABUTTING LANDMARK DR, AND BEING A PORTION OF LOT 11, OAKBROOK ESTATES, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 118, PAGES 47 - 48, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner in fee title of real property described and depicted in Exhibit “A”, attached hereto and incorporated herein, has requested that the City vacate said easement; and WHEREAS, the City Council of the City of Clearwater, Florida finds that said easement is not necessary for municipal use and it is deemed to be in the best interest of the City and the general public that the same be vacated; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: A portion of easement described as follows: See Exhibit “A” is hereby vacated, closed and released, and the City of Clearwater releases all of its right, title and interest thereto. Section 2. The City Clerk shall record this ordinance in the Public Records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING ________________________________ PASSED ON SECOND AND FINAL READING AND ADOPTED ________________________________ ________________________________ Frank Hibbard Mayor 2 Ord. No. 9384-20 Approved as to form: Attest: ________________________________ ________________________________ Michael P. Fuino Rosemarie Call Assistant City Attorney City Clerk EXHIBIT A LANDMARK DR OAKBROOK CIR OAKBROOK CIR 30743082 307030123000308330063087 3078 3090 3091 3086 3066AERIAL MAP Proposed Vacation 5' Utility Easement 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 Proposed Utility Easement Vacation3086 Oakbrook Cir. Page 1 of 1Aerial Flown 2019 Date:1/29/2020WDMap Gen By: Document Path: C:\Users\Wioletta.Dabrowski\City of Clearwater\Engineering Geographic Technology - Location Maps\3086 Oakbrook Cir.mxd 33-28s-16eS-T-R:234AGrid #:RBReviewed By: Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7687 Agenda Date: 4/16/2020 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: Public Utilities Agenda Number: 9.1 SUBJECT/RECOMMENDATION: Amend the City of Clearwater Code of Ordinances, Sections 32.211 and 32.212, to add definitions, to specifically prohibit hazardous waste pharmaceuticals, to add requirements for dental facilities that remove or replace dental amalgam fillings, to add reporting and waste management practices for dental facilities, to require installation, certification and maintenance of dental vacuum suction systems, and to provide exemptions from these requirements and pass Ordinance 9389-20 on first reading. SUMMARY: In 1999, the City of Clearwater adopted the uniform requirements for the Industrial Pretreatment of wastewater collection and discharge restrictions, as set forth in Chapter 32, Article V, Division 2 of the Code of Ordinances. Based upon requirements in the Dental Amalgam Rule, 40 CFR 441 and the pharmaceutical hazardous waste sewer ban, 40 CFR 266.505, the City of Clearwater finds it necessary to amend its ordinances in order to comply with state and federal law. This amendment will add the following: Section 32.211(4) - added definitions to include 1) Hazardous waste pharmaceutical; 2) Healthcare facility; 3) Pharmaceutical; and 4) Reverse distributor. Section 32.212(1)(b)(18) - new subsection to specifically prohibit hazardous waste pharmaceuticals from entering the wastewater facility. Section 32.212(4) - new subsection to add requirements for dental facilities that remove or replace dental amalgam fillings. These requirements include reporting and waste management practices for dental facilities; installation, certification and maintenance of dental vacuum suction systems; and exemptions from these requirements. Additionally, Section 32.212, subsections (4)-(6) will be renumbered to (5)-(7). APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 4/16/2020 1 Ordinance 9389-20 ORDINANCE NO. 9389-20 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA; AMENDING CHAPTER 32, ARTICLE V, DIVISION 2, PRETREATMENT AND DISCHARGE RESTRICTIONS; AMENDING SECTION 32.211 TO ADD DEFINITIONS; AMENDING SECTION 32.212, TO SPECIFICALLY PROHIBIT HAZARDOUS WASTE PHARMACEUTICALS, TO ADD REQUIREMENTS FOR DENTAL FACILITIES THAT REMOVE OR REPLACE DENTAL AMALGAM FILLINGS, TO ADD REPORTING AND WASTE MANAGEMENT PRACTICES FOR DENTAL FACILITIES, TO REQUIRE INSTALLATION, CERTIFICATION AND MAINTENANCE OF DENTAL VACUUM SUCTION SYSTEMS, AND TO PROVIDE EXEMPTIONS FROM THESE REQUIREMENTS; RENUMBERING SUBSECTIONS; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Clearwater adopted the uniform requirements for Industrial Pretreatment of wastewater collection and discharge restrictions, as set forth in this Division 2 in 1999. WHEREAS, based upon requirements in the Dental Amalgam Rule, 40 CFR 441, and the pharmaceutical hazardous waste sewer ban, 40 CFR 266.505, the City of Clearwater finds it necessary to amend its ordinances in order to comply with state and federal law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA, THAT: Section 1: Division 2, Section 32.211, Code of Ordinances, is amended as follows: Sec. 32.211 General provisions. ***** (4) Definitions. Unless a provision explicitly states otherwise, the following terms and phrases, as used in this division, shall have the meanings hereinafter designated. ***** Hazardous waste pharmaceutical. A pharmaceutical that is a solid waste, as defined in Title 40 of the Code of Federal Regulations (40 CFR) section 261.2, and exhibits one or more characteristics identified in 40 CFR part 261 subpart C or is listed in 40 CFR part 261 subpart D. 2 Ordinance 9389-20 Healthcare facility. Any person that is lawfully authorized to: (1) Provide preventative, diagnostic, therapeutic, rehabilitative, maintenance or palliative care, and counseling, service, assessment or procedure with respect to the physical or mental condition, or functional status, of a human or animal or that affects the structure or function of the human or animal body; or (2) Distribute, sell, or dispense pharmaceuticals. This definition includes, but is not limited to, wholesale distributors, third-party logistics providers that serve as forward distributors, military medical logistics facilities, hospitals, psychiatric hospitals, ambulatory surgical centers, health clinics, physicians’ offices, optical and dental providers, chiropractors, long-term care facilities, ambulance services, pharmacies, long-term care pharmacies, mail-order pharmacies, retailers of pharmaceuticals, veterinary clinics, and veterinary hospitals. Healthcare facility does not include pharmaceutical manufacturers. ***** Pharmaceutical. Any drug or dietary supplement for use by humans or other animals; any electronic nicotine delivery system (e.g., electronic cigarette or vaping pen); or any liquid nicotine (e-liquid) packaged for retail sale for use in electronic nicotine delivery systems (e.g., pre-filled cartridges or vials). This definition includes, but is not limited to, dietary supplements, as defined by the Federal Food, Drug and Cosmetic Act; prescription drugs, as defined by Title 21 of the Code of Federal Regulations part 203.3(y); over-the-counter drugs; homeopathic drugs; compounded drugs; investigational new drugs; pharmaceuticals remaining in non-empty containers; personal protective equipment contaminated with pharmaceuticals; and clean-up material from spills of pharmaceuticals. Pharmaceutical does not include dental amalgam or sharps. ***** Reverse distributor. Any person that receives and accumulates prescription pharmaceuticals that are potentially creditable hazardous waste pharmaceuticals for the purpose of facilitating or verifying manufacturer credit. Any person, including forward distributors, third-party logistics providers, and pharmaceutical manufacturers, that processes prescription pharmaceuticals for the facilitation or verification of manufacturer credit is considered a reverse distributor. ***** 3 Ordinance 9389-20 Section 2: Division 2, Section 32.212, Code of Ordinances, is amended as follows: Sec. 32.212 General sewer use requirements. (1) Prohibited discharge standards. ***** (b) Specific prohibitions. No user shall introduce or cause to be introduced into the WWF the following pollutants, substances, or wastewater: ***** 18. Hazardous waste pharmaceuticals from healthcare facilities and reverse distributors. ***** (4) Requirements for dental facilities that remove or place amalgam fillings. (a) Definitions. For the purposes of this section (4) the following words and phrases shall be as defined herein. 1. Amalgam separator. A device that employs filtration, settlement, centrifugation, or ion exchange to remove amalgam and its metal constituents from a dental office vacuum system before it discharges to the sewer. 2. Amalgam waste. Non-contact amalgam (amalgam scrap that has not been in contact with the patient); contact amalgam (including, but not limited to, extracted teeth containing amalgam); amalgam sludge captured by chairside traps, vacuum pump filters, screens, and other amalgam trapping devices; used amalgam capsules; and leaking or unusable amalgam capsules. 3. ANSI/ADA Standard No. 108. The American National Standards Institute and American Dentistry association standard for amalgam separators. 4. Existing Source. Any facility subject to this section (4) whose first discharge to the sewer collection system occurred on or before July 14, 2017. 4 Ordinance 9389-20 5. ISO 11143. The International Organization for Standardization’s standard for amalgam separators. 6. New Source. Any facility subject to this section (4) whose first discharge to the sewer system occurs after July 14, 2017 and must comply immediately upon commencement of discharge. (b) All owners and operators of dental facilities that remove or place amalgam fillings shall comply with the following reporting and waste management practices: 1. For existing sources, the One-Time Compliance Report is due no later than October 12, 2020 or no later than 90 days after transfer of ownership. 2. For new sources, the One-Time Compliance Report is due within 90 days of the start of discharge to the sewer collection system. 3. No person shall rinse chairside traps, vacuum screens, or amalgam separators equipment in a sink or other connection to the sanitary sewer. 4. Owners and operators of dental facilities shall ensure that all staff members who handle amalgam waste are trained in the proper handling, management and disposal of mercury-containing material and fixer- containing solutions and shall maintain training records that shall be available for inspection by the director or designee during normal business hours. 5. Amalgam waste shall be stored and managed in accordance with the instructions of the recycler or hauler of such materials. 6. Bleach and other chlorine-containing disinfectants shall not be used to disinfect the vacuum line system. 7. The use of bulk mercury is prohibited. Only pre-capsulated dental amalgam is permitted. (c) All owners and operators of dental vacuum suction systems, except as set forth in subsections (d) and (e) of this section (4), shall comply with the following: 1. An ISO 11143 or ANSI/ADA Standard No. 108 certified amalgam separator or equivalent device shall be installed for each dental vacuum 5 Ordinance 9389-20 suction system on or before July 14, 2020; provided, however, that all dental facilities that are newly constructed on and after the effective date of this ordinance shall include an installed ISO 11143 or ANSI/ADA Standard No. 108 certified amalgam separator device. The installed device must be ISO 11143 or ANSI/ADA Standard No. 108 certified as capable of removing a minimum of 95 percent of amalgam. The amalgam separator system shall be certified at flow rates comparable to the flow rate of the actual vacuum suction system operation. Neither the separator device nor the related plumbing shall include an automatic flow bypass. For facilities that require an amalgam separator that exceeds the practical capacity of ISO 11143 test methodology, a non-certified separator will be accepted, provided that smaller units from the same manufacturer and of the same technology are ISO-certified. 2. Proof of certification and installation records shall be submitted to the director or designee within 30 days of installation. 3. Amalgam separators shall be maintained in accordance with manufacturer recommendations. Installation, certification, and maintenance records shall be available for immediate inspection upon request therefor by the director or designee during normal business hours. Records shall be maintained for a minimum of three years. (d) Facilities with vacuum suction systems that meet all the following conditions may apply to the director for an exemption to the requirements of subsection (c) of this section: 1. The system is a dry vacuum pump system with an air-water separator. 2. The sedimentation tank is non-bottom draining, with the drain above the anticipated maximum level of accumulated sludge. 3. Evidence of regular pump outs by a licensed hauler (a minimum of once a year, or more often if either directed by the manufacturer or necessary to keep solids from exiting through the drain) is maintained and open to inspection by the director or designee during normal business hours. 4. The system has no direct discharge pipe to the sewer on the bottom of the sedimentation tank. 6 Ordinance 9389-20 An owner or operator whose facility meets the above conditions 1. through 4. may apply for this exemption by written letter to the director. The director or designee will review the system and, if the exemption is approved, shall provide a written letter of exemption. An exemption obtained pursuant to this subsection (d) shall expire upon installation of a new vacuum system. Upon expiration of the exemption, the facility shall comply with subsection (c) of this section (4) before commencing further operation. (e) Dental dischargers that exclusively practice one or more of the following specialties are not subject to the requirements of this section: (1) Orthodontics; (2) Periodontics; (3) Oral and maxillofacial surgery; (4) Radiology; (5) Oral pathology or oral medicine; (6) Endodontistry and prosthodontistry. (f) Dental practices that do not place dental amalgam, and do not remove amalgam except in limited emergency or unplanned, unanticipated circumstances, are exempt from the requirements of this part, provided the dental practice: 1. Submits the following statement to the city, signed by a responsible corporate officer, general partner, proprietor, or a duly authorized representative by the applicable compliance deadline identified in this subsection (b): “This facility is a dental discharger subject to this rule and does not place or remove dental amalgam except in limited emergency or unplanned, unanticipated circumstances. I am a responsible corporate officer, a general partner or proprietor (if the facility is a partnership or sole proprietorship), or a duly authorized representative in accordance with the requirements of 40 CFR § 403.12(l) of the above named dental facility, and certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.”; 7 Ordinance 9389-20 2. Removes dental amalgam for limited emergency or unplanned, unanticipated circumstances; and 3. The dental practice notifies the city of any changes affecting the applicability of this certification. (g) Disposal of hauled waste from dental facilities to the sanitary sewer is prohibited. (4) (5) Local limits. Local limits shall be established, using standard procedures, calculations and methods acceptable to FDEP, to protect against pass through and interference. A "plan of study" must be submitted to the department prior to beginning sampling necessary to determine local limits. No industrial user shall discharge process wastewater, individual regulated wastestreams, unregulated wastestreams, or dilute wastestreams in excess of the concentrations set forth by the director, or his/her designee. Local limits shall be included as permit conditions and attached to each significant industrial user (SIU) permit issued. (a) The established local limits are subject to change and shall be modified as needed based on regulatory requirements and standards, WWF operation, performance and processes, the industrial user base, potable water quality and domestic wastewater characteristics. Modifications to the established local limits must be reviewed and approved by FDEP prior to implementation. Implementation of the modified limits shall be accomplished through the development and issuance of an addendum to each SIU permit. (b) The established local limits apply at the point where the wastewater is discharged to the WWF. All concentrations for metallic substances are for "total" metal unless indicated otherwise. The coordinator may impose mass limitations in addition to, or in place of, the concentration based limitations set forth by the director, or his/her designee. (c) The pretreatment program may develop best management practices (BMPs) these may be implemented by ordinance or in individual wastewater discharge permits or general permits these BMP's shall be considered local limits and pretreatment standards 32.212(1) and shall be enforced as such. (5) (6) The city's right of revision. The city reserves the right to establish, by ordinance, or by the director, individual wastewater discharge permits, or general permits, more stringent standards or requirements for discharges to the WWF consistent with the purpose of this ordinance. (6) (7) Dilution. Dilution prohibited as substitute for treatment. Except where expressly authorized to do so by an applicable pretreatment standard or requirement. No user shall ever increase the use of process water, or in any way attempt to dilute a discharge, as a partial or complete substitute for adequate treatment to achieve compliance with a discharge limitation unless expressly authorized by an applicable 8 Ordinance 9389-20 pretreatment standard or requirement. The coordinator may impose mass limitations on users who are using dilution to meet applicable pretreatment standards or requirements, or in other cases when the imposition of mass limitations is appropriate. Coding: Words in strikeout type are deletions from existing text. Words in underline type are additions. Section 3: This Ordinance shall become effective immediately upon adoption. PASSED ON FIRST READING ____________________ PASSED ON SECOND AND FINAL ____________________ READING AND ADOPTED ____________________________ Frank Hibbard 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#20-7636 Agenda Date: 4/16/2020 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 9.2 SUBJECT/RECOMMENDATION: Appoint Councilmembers as representatives to serve on regional and miscellaneous boards. SUMMARY: See attached Regional and Miscellaneous Boards Document Page 1 City of Clearwater Printed on 4/16/2020 Regional and Miscellaneous Boards 2020 Appointments Board (Date/Time of Meeting) Delegate Audit Committee Hibbard (Meets as required) Herb McLachlan, citizen American Public Gas Association Hamilton (Chuck Warrington – Gas) Hibbard – Alt. (meet 4 times a year – move around the Country) Area Agency on Aging of Pasco/Pinellas Kerry Marsalek (3rd Monday of the month – 9:30 a.m.) Office on Aging Mgr Location: AAAPP in St. Pete Barrier Island Governmental Council Hamilton – Voting Del. (4th Wednesday of the month – 9:00 a.m.; two-year term) Beckman – Alt. Location: TBA (Meeting place rotates) Hibbard – Alt. #2 Courtney Campbell Scenic Highway Citizen Advisory Committee Bunker (Quarterly on 3rd Friday of the month – 10:00 a.m.) Homeless Leadership Board Beckman (1st Friday of the month – 1:00 p.m.) Location: Hospice of the Florida Suncoast on Roosevelt Blvd. Mayor’s Council of Pinellas County Hibbard (1st Wednesday of the month – 11:30 a.m.) Pinellas Collaborative Committee **** (workgroup,12 municipal elected officials and the School Board; meet as needed to update the public schools interlocal agreement) (Meet as needed – 9:00 a.m.) Location: 600 Cleveland St., Suite 750 Pinellas County Aircraft Noise Abatement Task Force Michael Short – (At Large) (Quarterly – 3:00 p.m.) Jerry Karp/Del Oro Groves Location: St. Pete-Clearwater Int’l Airport – Conf. Room #234) School Transportation Safety Committee Beckman (Meet as needed – 9:30 a.m.) Location: 600 Cleveland St., Suite 750 Suncoast League of Cities Board Beckman (3rd Friday of the month – 11:30 a.m.) Hamilton – Alt. Location: Different city every month Tampa Bay Estuary Policy Board Beckman (Quarterly on Friday – 10:00 a.m.) Bunker – Alt. Councilmember highly recommended Location: Tampa Bay Regional Planning Council, 4000 Gateway Centre, Ste. 100, Pinellas Park Tampa Bay Regional Planning Council (TBRPC) Hamilton (2nd Monday – 10:00 a.m.) Location: Tampa Bay Regional Planning Council, 4000 Gateway Centre, Ste.100, Pinellas Park The following Boards have the specific term expiration date noted: Board (Date/Time of Meeting) Delegate Bicycle Advisory Committee (BAC) Chip Haynes Advisory Committee to the MPO Robert Yunk (4th Monday each month – 8:30 a.m.) Win Dermody No seat terms Ric Hartman – Tech Support Rep. Clearwater Representatives (appointments made by County) Citizens Advisory Committee (CAC) Luis Serna Advisory Committee to the MPO Bill Jonson (4th Thursday each month – 7:00 p.m. – 4 year term) Clearwater Representatives (appointments made by County) Forward Pinellas Allbritton MPO/PPC - (2nd Wednesday of the month – 1:00 p.m.) (term expires 9/12/2021; four-year term) Location: P.C. Courthouse, 5th Floor Pension Advisory Committee (PAC) Hibbard (2nd Thursday – 9:00 a.m.) (two-year term) Hamilton 4/4/2020 Bunker Pension Investment Committee Nino Accetta (term expired 6/30/19; two-year term) (Mr. Accetta did not wish reappt.) Note: no other nominees on file Pinellas Suncoast Transit Authority (PSTA) Allbritton (4th Wednesday of the month – 9:00 a.m.) (term expires 9/30/2021; three-year term) Location: PSTA, St. Petersburg Sister Cities Advisory Board Hamilton (term expires 4/30/22; four-year term) Appointments by other entities: Downtown Development Board Ex-Officio Members Allbritton (CRA Trustees) Polglaze (1st Wednesday of the month – 5:30 p.m.) Florida League of Mayors Hibbard Tourist Development Council Hibbard (City Council makes recommendation/County makes appointment) (term expires 10/31/2020; four-year term) Note: On February 7, 2017, the BCC formally reappointed Mayor Cretekos to the TDC for another 4 year term WorkNet Pinellas Board * Beckman (Quarterly – 11:45 a.m.) Location: EpiCenter in Clearwater *8/8/13 – Per Diana Day, Adm. Asst., WorkNet Pinellas Board, an elected official is no longer a requirement & there’s no term expiration. Currently councilmember Hoyt Hamilton is a non-voting committee member & has the option to attend this board. INDIVIDUAL SPEAKER Citizen Comment Card Name: Phs f Address: City: co c 7A) Zip: 33 l Telephone Number: Email Address: Mies4)0Act Speaking under citizens to be heard re items not on the agenda? 04c g2, Agenda item(s) to which you wish to speak. r -lc -F -(c/ t3 What is your position on the item? For Against V INDIVIDUAL SPEAKER Citizen Comment Card Name: PA `r in 0/i..I 4/0/l C Address: C 6r1/ e/( rs-," City: aP...4 f 4: Zip: - 3 7S Telephone Number: 7"7-6 -/ Z as Email Address: Tct y CA S C -4 '1 6 ) • <•v>1 Speaking under citizens to be heard re • J items not on the agenda? Agenda item(s) to which you wish to speak. (A Ds What is your position on the item? For Against r+`" INDIVIDUAL SPEAKER Citizen Comment Card Name: 'tbflam' `Y\/\ Ira fl Address: 33/ (/e''g7F/(7 City: ' " Zip: 4 75 .T Telephone Number: g/A l--/// -43 64 7 Email Address: 1rta w• 'a n 1 ' WA {b Speaking under citizens to be heard re items not on the agenda? Ya oo, Eavvi Agenda item(s) to which you wish to speak: o,ff77 0 a a5" ("4 44 et' What is your position on the item? For Against 4/ INDIVIDUAL SPEAKER Citizen Comment Card rName: l ,eCC VA 4 CjIn v(— CCr-72- Address: ( `e City: (n rc-z)Zip:- 909: -c‘ z/CDTelephoneNumber: Email Address. Speaking under citizens to be heard re items not on the agenda? Agenda items) to which you wish to speak. -37-4),113J3 cr YVIvtK? What is your position on the item? For Against Name: e'e Address: City: Zip: J 76% Telephone Number: '72_7 - Email Address: cJz2 c 12-3 C' Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak: U eV/47404- What is your position on the item? For Against INDIVIDUAL SPEAKER Citizen Comment Card INDIVIDUAL SPEAKER Citizen Comment Card Name: L T \()u 1c)cWlcr til Address: k'l-(( v s iCtO\e-Mil•te_ City: ? Cerci i\r Zip: Telephone Number: 9-7 •- - s 5- 2,f( Email Address: J\ N OL1 JJQ,4-YisLti C COMM Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak• C c What is your position on the item? For Against INDIVIDUAL SPEAKER Citizen Comment Card Name: 5.: Address: D V3 `,) : )('k v,,.' City:<1 Zip: 3_3. 5 Telephone Number: 7:2 7- /fr/V‘-- C f Email Address: rs L z u cf..) +11_ Speaking under citizens to be heard re items not on the agenda? J Agenda item(s) to which you wish to speak: /1 / 40 1 e )1c '2 WI or—e_ c- j kl c r I "0,144.b e re - 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#20-7713 Agenda Date: 4/16/2020 Status: City Manager ReportVersion: 1 File Type: ReportIn Control: Official Records & Legislative Services Agenda Number: 9.3 SUBJECT/RECOMMENDATION: Amend Council Rules to allow council discussion prior to making a motion and adopt Resolution 20-17. SUMMARY: At the April 2, 2020 council meeting, staff was directed to amend Council Rules to allow council discussion prior to a motion being made. Staff recommends the following changes: ·Rule 6 - Order of Business (2) Motion process for agenda items with Ordinances or Resolutions: agenda items will be presented by staff followed by questions by Council, public input, discussion/comments by Council, a motion and second on the agenda item, discussion/comments by Council, vote, a motion and second on the ordinance or resolution, discussion/comments by Council, and vote. Motion process for other agenda items: agenda items will be presented by staff, questions by Council, public input, discussion/comments by Council, a motion and second on the agenda item, discussion/comments by Council, and vote. ·Rule 8, 1st paragraph - Debate of Motions, Tie Votes Council may discuss an agenda item prior to after a motion being made. Such discussion may be interactive between the Councilmembers and may be ended at any time by a motion to call the question. Otherwise, any member of the Council making a motion shall address the Chair and await recognition before speaking. The person making the motion is entitled to the floor first for debate. No one is entitled to the floor a second time on the same motion as long as any other member who has not spoken on the issue desires the floor. The Chair must recognize any person who seeks the floor while entitled to it. Page 1 City of Clearwater Printed on 4/16/2020 Resolution No. 20-17 RESOLUTION NO. 20-17 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, AMENDING COUNCIL RULES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Council desires to amend the rules to allow council discussion prior to a motion being made; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Rule 6 (2), Order to Business, be amended as follows 2) Motion process for agenda items with Ordinances or Resolutions: agenda items will be presented by staff followed by questions by Council, public input, discussion/comments by Council, a motion and second on the agenda item, discussion/comments by Council, vote, a motion and second on the ordinance or resolution, discussion/comments by Council, and vote. Motion process for other agenda items: agenda items will be presented by staff, questions by Council, public input, discussion/comments by Council, a motion and second on the agenda item, discussion/comments by Council, and vote. Section 2. Rule 8, Debate of Motions, Tie Votes, be amended as follows: Council may discuss an agenda item prior to after a motion being made. Such discussion may be interactive between the Councilmembers and may be ended at any time by a motion to call the question. Otherwise, any member of the Council making a motion shall address the Chair and await recognition before speaking. The person making the motion is entitled to the floor first for debate. No one is entitled to the floor a second time on the same motion as long as any other member who has not spoken on the issue desires the floor. The Chair must recognize any person who seeks the floor while entitled to it. *** Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this _______ day of _____________, 2020. ____________________________ Frank Hibbard Mayor Resolution No. 2 Approved as to form: Attest: __________________________ _____________________________ Pamela K. Akin Rosemarie Call City Attorney City Clerk Revised 08-14-2019 by Resolution 19-27 1 COUNCIL RULES RULE 1 SCHEDULING COUNCIL MEETINGS/WORK SESSION AGENDAS (1) The City Council shall meet on the first and third Thursdays of each month at 6:00 p.m. in its chamber. However, in July, the City Council shall hold one regular night meeting on the third Thursday of the month. There will be no regular meeting on the third Thursday of December or the first Thursday of January. The Council will make this determination at the time the annual meeting calendar is being compiled. The day of the meeting may be changed by majority vote of the Council. (2) Except as may be rescheduled from time to time when necessary due to conflict, a work session shall be held at 9:00 a.m. on the first working day of the Council meeting week. Work sessions are primarily designed for information gathering and guidance, and no formal Council decision approving or disapproving an agenda item or items scheduled for public hearing may be made. No public input will be accepted at work sessions except by consensus of Council. Only items on the work session agenda will be discussed. Items not on the agenda may be brought up by the Council or staff during the work session asking they be scheduled for subsequent meetings or work sessions. (3) Community meetings will be scheduled as requested by the Council. RULE 2 REQUIREMENTS FOR QUORUM A quorum for the transaction of business by the City Council shall consist of three (3) Councilmembers. RULE 3 MANDATORY MEETING ATTENDANCE FOR CITY OFFICIALS The City officials whose regular attendance shall be required during the sittings of the Council shall be the City Clerk, City Manager and City Attorney or their substitutes. Revised 08-14-2019 by Resolution 19-27 2 RULE 4 DUTIES AND RESPONSIBILITIES OF “CHAIR” The Mayor shall be the presiding officer of the City Council, and shall be referred to as the “Chair” when sitting in that capacity. In case of the absence of the Mayor, the Vice- Mayor shall assume those responsibilities, and if both are absent, the senior Councilmember in years of service shall preside. The Chair shall preserve order. The Chair may call to order any member of the Council who shall violate any of the rules; and shall decide all questions of order, subject to a majority vote on a motion to appeal. The Chair shall recognize all members who seek the floor as provided in Rule 8. The Chair shall not make or second a motion. RULE 5 DUTIES OF VICE-MAYOR IN ABSENCE OF MAYOR Pursuant to Charter section 2.05, "the Vice-Mayor shall act as Mayor during the absence or inability of the Mayor to perform the duties of the office of the Mayor." For the purpose of that section, the Mayor shall be considered absent if there are duties of the office which must be performed and the Mayor is not present and able to perform them. The office of Vice-Mayor shall be rotated amongst the councilmembers annually in the following order, commencing in 2020: Seat 4 Seat 5 Seat 2 Seat 3 The Vice-Mayor shall change in April of each year. RULE 6 ORDER OF BUSINESS (1) The order of business for a regular meeting shall ordinarily be: A. Invocation B. Pledge C. 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.) D. Minutes of previous meetings Revised 08-14-2019 by Resolution 19-27 3 E. Citizens to be heard regarding items not on agenda. Each person who wishes to address the Council shall complete a comment card and submit the card to the City Clerk (right-hand side of dais) before the speaker will be permitted to speak (if the speaker has just arrived or decided to speak, the Chair may allow the card to be filled out after speaking). Individuals will limit their comments to a maximum of three minutes. The speaker’s microphone may be turned off after that time. F. Consent Agenda G. Public hearings (not before 6:00 p.m.) Legislative and administrative matters: 1. Presentation of issues by City staff. 2. Statement of case by applicant or representative (5 minutes). 3. Council questions. 4. Comments in support and comments in opposition. See subsection (3) below regarding time limitations for speakers. 5. Council questions. 6. Final rebuttal by applicant or representative (5 minutes). 7. Council motion to determine disposition. Quasi-judicial Hearings: 1. Staff states its recommendation and briefly summarizes its reasons for the recommendation and submits record (minutes, staff report, and application) adduced before the Community Development Board (2 minutes). 2. Applicant presents case, including its testimony and exhibits. (15 minutes). 3. Staff presents further evidence. (10 minutes). 4. Public comment. See subsection (3) below regarding time limitations for speakers. 5. City Council discussion. 6. Applicant may call witnesses in rebuttal (5 minutes). 7. Conclusion by applicant (3 minutes). 8. Decision. Second Reading of Ordinances 1. Public comment. See subsection (3) below regarding time limitations for speakers. All time limits may be extended upon request, and upon approval of request by majority of City Council. H. City Manager reports. Revised 08-14-2019 by Resolution 19-27 4 I. City Attorney reports. J. Council Discussion Items (work session only) K. Other Council action (if agendaed from work session) L. Closing comments by Councilmembers (limited to 3 minutes) M. Closing comments by Mayor. The order of business for a worksession meeting shall ordinarily be: a. Presentations b. Departmental Review of upcoming Council Agenda items c. City Manager Verbal Reports d. City Attorney Verbal Reports e. Council Discussion Items (agenda via City Manager) f. New business (items not on the agenda may be brought up asking they be scheduled for subsequent meetings or work sessions in accordance with Rule 1 Paragraph (2) (2) Motion process for agenda items with Ordinances or Resolutions: agenda items will be presented by staff followed by questions by Council, public input, discussion/comments by Council, a motion and second on the agenda item, discussion/comments by Council, vote, a motion and second on the ordinance or resolution, discussion/comments by Council, and vote. Motion process for other agenda items: agenda items will be presented by staff, questions by Council, public input, discussion/comments by Council, a motion and second on the agenda item, discussion/comments by Council, and vote. (3) Public comments in support or opposition of items before the Council shall be limited to a total of 60 minutes, which can be extended upon Council approval. Persons speaking before the City Council shall submit a completed comment card before the speaker will be permitted to speak (if the speaker has just arrived or decided to speak, the Chair may allow the card to be filled out after speaking) and be limited to three minutes per speaker. The speaker’s microphone may be turned off after that time. 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 of ten minutes. A comment card will be provided to document the request for additional time and those agreeing to waive their right to speak. No person shall speak more than once on the same subject at the same meeting unless granted permission by the City Council. When time limits are set for speakers, unused time cannot be passed from one speaker to another. Extensions of time limits can be given if approved by the Chair. Revised 08-14-2019 by Resolution 19-27 5 RULE 7 AGENDA/EXPENDITURE OF FUNDS/ WAIVER OR CHANGE OF RULES (A) The City Manager or City Attorney may agenda an item. Any Council item must be agendaed for discussion at a work session prior to the item being placed on a Council Agenda. Any citizen may request a member to agenda an item, even though staff has assured petitioner that adverse action may result. The Chair cannot depart from the prescribed agenda but the Council may do so by a majority vote or by consensus in response to a suggestion from the Chair. Continuance may be granted by a majority vote of the Council upon the motion of any Councilmember. The public will be allowed to speak on an item to be continued if that item is an advertised public hearing, but no other action shall be taken. (B) Except for items advertised for public hearing, items may be removed from the agenda. Emergency items may be added to the agenda by the City Manager or City Attorney without prior notice. Councilmember requested items that have not been considered at a work session can be discussed at a Council meeting upon a majority vote of the council to do so. The agenda may be reordered. (C) Any expenditure of funds requiring Council action must be on the agenda, with appropriate support material. No action may be taken on expenditures not on the agenda unless the Council determines by the affirmative vote of a majority plus one to permit action to be taken. (D) The rules may be waived or changed only upon the affirmative vote of a majority plus one. RULE 8 DEBATE OF MOTIONS, TIE VOTES Council may discuss an agenda item prior to after a motion being made. Such discussion may be interactive between the Councilmembers and may be ended at any time by a motion to call the question. Otherwise, any member of the Council making a motion shall address the Chair and await recognition before speaking. The person making the motion is entitled to the floor first for debate. No one is entitled to the floor a second time on the same motion as long as any other member who has not spoken on the issue desires the floor. The Chair must recognize any person who seeks the floor while entitled to it. When a motion is made and seconded, it shall be stated by the Chair, if necessary, before any debate shall be in order. All questions shall be stated and put by the Chair, and the Chair shall declare all votes. Revised 08-14-2019 by Resolution 19-27 6 Motions and any amendments can be withdrawn or modified by the maker at any time prior to the Chair stating the question on the motion; after that time, the permission of the Council majority must be obtained. The Chair cannot close debate as long as any member who has not exhausted his right to debate desires the floor, unless a vote to call the question passes. Charter Section 2.08 provides that except in certain circumstances “… no action shall be valid or binding unless adopted by the affirmative vote of the majority of all council members.” Therefore a tie vote or a 2-1 vote shall constitute a continuance of the item to the next regularly scheduled meeting, but upon a tie vote or a 2-1 vote on the same item at the next meeting, the item shall not be rescheduled except upon the request of the City Manager, the City Attorney, or a Councilmember. RULE 9 NON-DEBATABLE MOTIONS The following motions are not debatable: To adjourn; To lay on the table; To take from the table; Call the previous question. RULE 10 RECONSIDERATION Any member of the Council who voted with the prevailing side may move a reconsideration of any action of the whole Council provided that the motion be made at the same meeting at which the action was taken. A motion to reconsider shall be in order at any time (during the meeting at which the action was taken) except when a motion on some other subject is pending. No motion to reconsider shall be made more than once on any subject or matter at the same meeting. RULE 11 RESCISSION OF COUNCIL ACTION Council action may be rescinded by a majority vote. The motion may be made by any Councilmember. RULE 12 BREAKS/RECESSES The Council shall, at the direction of the Chair, take a break as needed and may recess for meals if the members of the City Council agree by their vote. Revised 08-14-2019 by Resolution 19-27 7 RULE 13 COUNCIL MINUTES Copies of the minutes of regular meetings shall be furnished prior to the next meeting. Such minutes shall stand confirmed at the regular meeting of the Council without the reading thereof in open meeting unless some inaccuracy or error be pointed out by some member of the Council present, and in such event, an appropriate correction shall be made. Upon request, the City Manager will cause the City Clerk to provide any Councilmember with transcribed excerpts of tapes of City Council meetings. RULE 14 RULES OF ORDER Except as provided herein, or as may be required by Florida law or the City Charter, the rules of the City Council for the conduct of its business shall be as provided in the most recent edition of Robert’s Rules of Order. RULE 15 RULES OF CONDUCT At all times, the Council, staff and public shall conduct themselves in a respectful and civil manner. The Chair shall rule out of order any person whose actions, in the Chair’s determination, disrupts the meeting. Examples of disruptive actions include, but are not limited to: 1) repeatedly interrupting a speaker or Council member when not recognized; 2) shouting and talking in a manner that prevents a speaker or Council member from being heard or that otherwise hinders the progress of the meeting; 3) refusing to leave the podium once the allotted time to speak has expired; 4) blocking paths for emergency exit from the meeting room, engaging in any conduct that prevents a member of the audience from seeing or hearing Council members during a meeting, standing on chairs or tables within the meeting room; 5) exhibition of signs or graphic displays of any kind, except in connection with a presentation made to the Council by a speaker at the podium; 6) approaching the dais without permission; 7) threats of violence; or 8) engaging in conduct that is a criminal offense. The determination of the Chair or a majority of the Council shall be final on such matters. All persons shall at all times conduct themselves in accordance with these rules and failing such shall be removed from the Council Chambers. In the event of such removal such person shall not thereafter be readmitted to the Council Chambers during the same meeting. The Chair may recess the meeting, if deemed necessary, in order to restore order. Revised 08-14-2019 by Resolution 19-27 8 Resolution No. Date Adopted 77-44 5-12-77 77-129 11-23-77 78-65 6-01-78 80-62 5-15-80 80-101 9-19-80 80-118 11-06-80 81-32 4-16-81 81-92 8-06-81 82-33 4-01-82 82-36 4-15-82 82-115 12-16-82 82-119 12-16-82 83-42 4-07-83 83-75 7-07-83 85-47 6-20-85 86-18 2-20-86 86-30 5-01-86 88-61 12-01-88 89-21 4-20-89 92-79 12-17-92 93-04 1-07-93 93-44 7-01-93 93-45 7-01-93 93-75 12-02-93 94-8 1-03-94 94-16 1-31-94 94-31 4-21-94 94-67 8-15-94 94-74 9-15-94 95-16 2-02-95 95-35 3-16-95 95-77 10-05-95 96-11 1-18-96 96-68 10-17-96 01-43 12-13-01 06-21 03-16-06 07-32 10-17-07 10-11 10-21 12-17 14-18 15-13 16-13 16-21 03-18-10 08-05-10 10-04-12 05-15-14 05-07-15 05-05-16 08-17-16 Revised 08-14-2019 by Resolution 19-27 9 17-37 10-05-17 18-20 19-19 19-27 09-20-18 06-20-19 08-14-19 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7719 Agenda Date: 4/16/2020 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: City Council Agenda Number: 9.4 SUBJECT/RECOMMENDATION: Provide direction for the establishment of a grant and professional services program for business owners affected by the COVID-19 pandemic. SUMMARY: The COVID-19 pandemic has been declared a national, state, county, and local State of Emergency. Executive orders by the State and County have ordered the closing of several types of businesses, and others be significantly negatively impacted by CDC guidelines for “social distancing”. The orders further restrict public movement. The pandemic is causing severe economic harm to small businesses. Economic Development and Housing staff have researched best practices, and have engaged peers, partners and small businesses to identify needs and concerns. Staff requests direction for the following: 1.Establishment of grant program(s) 2.Establishment of professional services program as a requirement for certain grants 3.Maximum grant award(s) 4.Payment to agencies for administration of technical services program 5.Eligibility Criteria a.Industries/Sectors b.Business Types i.Brick & Mortar ii.Home-Based c.Maximum number of employees per eligible business Page 1 City of Clearwater Printed on 4/16/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7718 Agenda Date: 4/16/2020 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: City Council Agenda Number: 9.5 SUBJECT/RECOMMENDATION: Imagine Clearwater Update - Michael Delk, Assistant City Manager SUMMARY: Page 1 City of Clearwater Printed on 4/16/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7711 Agenda Date: 4/16/2020 Status: Attorney ReportVersion: 1 File Type: Action ItemIn Control: Legal Department Agenda Number: 10.1 SUBJECT/RECOMMENDATION: Confirm emergency rule of procedure for public meetings and adopt Resolution 20-15. SUMMARY: Page 1 City of Clearwater Printed on 4/16/2020 Resolution 20-15 RESOLUTION NO. 20-15 ADOPTION OF EMERGENCY RULE OF PROCEDURE A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, ADOPTING RULES FOR USE OF COMMUNICATION MEDIA TECHNOLOGY FOR PUBLIC MEETINGS DURING HEALTH EMERGENCY DUE TO COVID-19; PROVIDING AN EFFECTIVE DATE. WHEREAS, on March 20, 2020, Governor DeSantis issued Executive Order 20-69, “Emergency Management – COVID-19 Local Government Public Meetings;” and WHEREAS, pursuant to Executive Order 20-69, the physical quorum and location requirements for public meetings are suspended; and WHEREAS, pursuant to Executive Order 20-69, the City of Clearwater is authorized to utilize communications media technology, such as telephonic and video conferencing as provided in Section 120.54(5)(b)2., Florida Statutes; now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER: Section 1. Prior to the commencement of a public meeting the City of Clearwater shall post notice of the meeting in a manner consistent with section 286.011, Florida Statutes. Section 2. Said notice shall include instructions on how the public may access the meeting, whether by telephone, video conferencing, or other communications media technology, and instructions on how members of the public may submit comments or questions regarding items on the agenda. Section 3. The City Clerk shall insure that the public meeting complies with all the requirements of section 286.011, Florida Statutes, that have not been waived or suspended pursuant to the operation of Executive Order 20-69. Section 4. This resolution shall take effect immediately. PASSED AND ADOPTED this _____ day of April, 2020. Attest: ______________________________ _______________________________ Rosemarie Call Frank Hibbard City Clerk Mayor Approved as to form: _____________________________ Pamela K. Akin Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7712 Agenda Date: 4/16/2020 Status: Attorney ReportVersion: 1 File Type: Action ItemIn Control: Legal Department Agenda Number: 10.2 SUBJECT/RECOMMENDATION: Confirm COVID-19 Emergency Proclamation and adopt Resolution 20-16. SUMMARY: Page 1 City of Clearwater Printed on 4/16/2020 Resolution No. 20-16 RESOLUTION NO. 20-16 CONFIRMATION OF COVID-19 EMERGENCY PROCLAMATIONS – APRIL 16, 2020 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, CONFIRMING DECLARATIONS OF A STATE OF EMERGENCY AND CONTINUING EMERGENCY MEASURES; PROVIDING AN EFFECTIVE DATE. WHEREAS, a state of emergency in the City of Clearwater was proclaimed by Mayor George N. Cretekos, upon recommendation by the Emergency Management Director (City Manager William B. Horne), after certification of emergency conditions by the Emergency Management Coordinator (Fire Division Chief of Emergency Management Jevon Graham), on March 18, 2020 due to the unmitigated spread of coronavirus disease (COVID-19); and WHEREAS, the March 18, 2020 state of emergency was confirmed by City Council in Resolution 20-11 later that day, then extended 7 days by Mayor George N. Cretekos on March 25, 2020, extended 7 days by Mayor Frank Hibbard on April 1, 2020, and confirmed by City Council in Resolution 20-14 on April 2, 2020, then extended 7 days by Mayor Frank Hibbard on April 8 and April 15, 2020; and WHEREAS, COVID-19 is a severe acute respiratory illness that can spread among humans through respiratory transmission and presents with symptoms similar to those of influenza, with no available vaccine or cure; and WHEREAS, on January 31, 2020, the United States Department of Health and Human Services declared that a public health emergency exists nationwide as a result of confirmed cases of COVID-19 in the United States; and WHEREAS, on March 1, 2020, Governor Ron DeSantis issued Executive Order 20-51, declaring that appropriate measures to control the spread of COVID-19 in the State of Florida are necessary, and therefore directed that a Public Health Emergency be declared in the State of Florida; and WHEREAS, on March 9, 2020, Governor Ron DeSantis issued Executive Order 20-52 declaring a State of Emergency for COVID-19; and WHEREAS, the World Health Organization declared COVID-19 a pandemic on March 11, 2020, which is defined as “worldwide spread of a new disease,” and is the first declared pandemic since the H1N1 "swine flu" in 2009; and WHEREAS, on March 13, 2020, President Donald J. Trump declared a national state of emergency; and WHEREAS, on March 16, 2020, President Trump and CDC issued the “15 Days to Slow the Spread” guidance advising individuals to adopt far-reaching social distancing measures. such as working from home and avoiding gatherings of more than 10 people; and Resolution No. 20-16 WHEREAS, on March 17, 2020 Governor Ron DeSantis issued Executive Order 20-68 closing bars, pubs and nightclubs for 30 days, recommending that public beachgoers follow CDC guidelines limiting group sizes and social distancing, and ordering that restaurants limit occupancy to 50% of current building capacities and begin employee screening; and WHEREAS, on March 18, 2020 the City of Clearwater passed Resolution 20-11, cancelling most City meetings and groups, prohibiting all in-person gatherings of 10 people or more, closed all beaches, closed all libraries, closed all recreation centers, required businesses open to the public to provide hand sanitizer, gave the Emergency Management Director authority to close parking as necessary, prohibited price gouging, and enabled emergency procurement procedures; and WHEREAS, on March 19, 2020 Pinellas County passed Resolution 20-17, closing all public beaches within the county; and WHEREAS, on March 20, 2020 Governor Ron DeSantis issued Executive Order 20-71, suspending all sales of food and alcohol in the State by establishments for on-site consumption and allowing for take-out or delivery service, and closing all gyms and fitness centers; and WHEREAS, on March 20, 2020 Governor Ron DeSantis issued Executive Order 20-72, prohibiting elective and unnecessary medical procedures; and WHEREAS, on March 24, 2020 Governor Ron DeSantis issued Executive Order 20-83, recommending an advisory to all persons over 65 and those with underlying serious medical conditions to stay home and limit risk of exposure; and WHEREAS, on March 25, 2020 Pinellas County passed Resolution 20-20, “COVID-19 Safer at Home Order,” directing individuals to limit non-essential activity and/or transportation, closing places of public assembly, and ordering the closure of non-essential businesses if they can not comply with current CDC social distancing guidelines; and WHEREAS, on March 27, 2020 Governor Ron DeSantis issued Executive Order 20-86, retroactively ordering any person entering the State of Florida from “an area with substantial community spread” to self-quarantine for 14 days and inform anyone they have had direct physical contact with of their status; and WHEREAS, on April 1, 2020 Governor Ron DeSantis issued Executive Orders 20-91 and 20-92, ordering all persons in Florida to limit their movements and personal interactions outside of their homes to only those necessary to obtain or provide essential services or conduct essential activities; and WHEREAS, as of April 16, 2020, 21,865 Florida residents (22,519 total cases in Florida including non-residents), including 870 in Hillsborough County (including 18 deaths), 277 in Manatee County (including 19 deaths), 186 in Pasco County (including 3 deaths), 513 in Pinellas County (including 14 deaths), at least 108 cases of which are believed to be City of Clearwater residents, have tested positive for COVID-19; and Resolution No. 20-16 WHEREAS, the City of Clearwater continues to be threatened by COVID-19 because of the apparent ability of the virus to spread rapidly among humans, and COVID-19 thereby constitutes a clear and present threat to the health, safety, and welfare of the citizens and visitors of the City of Clearwater, and WHEREAS, Section 252.38, Florida Statutes authorizes the establishment and amendment of emergency measures during a state of emergency; and WHEREAS, Chapter 15, Code of Ordinances requires City Council to confirm any declaration of a state of emergency at their next regularly scheduled meeting; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA; Section 1. The April 8, 2020 state of emergency proclamation is hereby confirmed. Section 2. The April 15, 2020 state of emergency proclamation is hereby confirmed. Section 3. The emergency measures enacted in Section 2. of Resolution 20-11, passed March 18, 2020 are hereby extended for 30 days or as otherwise amended and ordered, or until competent authority declares the state of emergency or measures terminated. Section 4. The emergency measures extension in Section 3 is modified so that the Emergency Management Director is hereby empowered to open and close Beach Walk as necessary. Section 5. The emergency measures extension in Section 3 is modified so that the City of Clearwater Development Review Committee may schedule meetings to be held virtually in compliance with Florida's Government-in-the-Sunshine Law and in accordance with current social distancing guidelines. Section 6. This resolution shall take effect immediately. The state of emergency must be renewed in seven-day increments pursuant to Section 15.07(5), Code of Ordinances. PASSED AND ADOPTED this 16th day of April, 2020. Attest: ___________________________ _______________________________ Rosemarie Call Frank Hibbard City Clerk Mayor Approved as to form: ___________________________ Pamela K. Akin City Attorney Please Publish an Agenda First All User Locations v Download PDF Download CSV This Meeting Settings All Meeting Settings eCom is Stats Hide/ Show eComments Charts Hide/ Show eComments Hide/ Show Meeting Agenda Item -- City 10. 2 ID# 20- 7712 Confirm Council COVID- 19 Emergency on 2020- Proclamation and adopt 04- 16 Resolution 20- 16. 6: 00 PM Name Comment -- Maura Hedrich Thank you for taking a proactive approach in forming a COVID- 19 Task Force. As a city, we are facing an uphill challenge and need representatives from every corner of Clearwater to have it be successful. How will the members be chosen to be on the task force? Will all Council members be able to nominate or recommend people? How will diversity be insured by income, age, ethnicity, culture, residency, etc? Will there be a final vote to accept the members by the Council? Position Attachments Submitted At -- 04- 15- 2020 04: 39 pm https : // clearwater. granicusideas. com/ admin/ panels/ ecomments? granicus. launchOnly= true& signed_ request= Pn_ gp... 4/ 17/ 2020 Meeting Agenda Item -- Name Comment -- Position Attachments Submitted This is a very important position and every corner of Clearwater must be equally represented. Thank you. At -- https:// clearwater. granicusideas. com/ admin/ panels/ ecomments? granicus. launchOnly= true& signed_ request= Pn_ gp... 4/ 17/ 2020