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08/06/2020Thursday, August 6, 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 August 6, 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, August 6, 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 Zoom 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 four 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 (August 5) will become part of the official record. The City Clerk will read received comments into the record. 3)Call-in - During the meeting individuals will be able to call in to 562-4646 and be placed on-air to speak to an individual item. 4)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. 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. 1. Call to Order 2. Invocation 3. Pledge of Allegiance Page 2 City of Clearwater Printed on 8/6/2020 August 6, 2020City Council Meeting Agenda 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 Diversity Leadership Council Poster Presentation - Tabitha Green, Library and Karla Deas, Planning and Development 5. Approval of Minutes 5.1 Approve the minutes of the July 16, 2020 City Council Meeting Minutes as submitted in written summation by the City Clerk. 6. Citizens to be heard re items not on the agenda 7. Consent Agenda 7.1 Approve the Coronavirus Relief Fund (CRF) Subrecipient Agreement between the Florida Housing Finance Corporation and the City of Clearwater and authorize the appropriate officials to execute same. (consent) 7.2 Approve a Utility Work By Highway Contractor Agreement with the State of Florida Department of Transportation to remove natural gas mains during a road improvement project on US Highway 19, at an estimated cost of $10,350.74, and authorize the appropriate officials to execute same. (consent) 7.3 Authorize award of Invitation to Bid 25-20, Natural Gas Meters and Regulators, to Dev-Tech Sales, Inc. of Avon Park, FL; Equipment Controls Company of Norcross, GA; and JEM-TECH, Inc. of Palm Bay, FL for an annual not-to-exceed amount of $1,500,000 effective August 1, 2020 through July 31, 2021 with the option for two, one-year term extensions, and authorize the appropriate officials to execute same. (consent) 7.4 Approve First Amendment to the Capital Project Funding Agreement between the City and Pinellas County Tourist Development Council (TDC) to extend the terms of the agreement to allow for reimbursement of funds during Fiscal Years 2020 and 2021 and authorize the appropriate officials to execute same. (consent) 7.5 Approve a Management Agreement between the City of Clearwater (City) and the Clearwater Community Sailing Center Association, Inc. (Sailing Center Association) for use of the building and property located at 1001 Gulf Boulevard from August 1, 2020 through February 29, 2024 and authorize the appropriate officials to execute same. (consent) Page 3 City of Clearwater Printed on 8/6/2020 August 6, 2020City Council Meeting Agenda 7.6 Ratify and confirm a Memorandum of Agreement (Agreement) between Bob Gualtieri, as Sheriff of Pinellas County, Florida (Sheriff); the City of St. Petersburg Police Department, the City of Clearwater Police Department, and the City of Pinellas Park Police Department, to create a Use of Deadly Force Investigative Task Force, and authorize the appropriate officials to execute same. (consent) 7.7 Approve Engineer of Record (EOR) Supplemental Work Order Two to Atkins North America for $61,490, for Cooper’s Point (18-0009-EN) increasing the work order from $173,940 to $235,430 and authorize the appropriate officials to execute same. (consent) 7.8 Approve a Deed Modification for certain real property located at 41 Devon Dr., legally described as Lot 1, less the West 110 feet thereof, Block B, Columbia Subdivision, extending the time-period to commence vertical construction until August 26, 2021 and authorize the appropriate officials to execute same. (consent) 7.9 Approve Local Mitigation Strategy (LMS) Supplemental Memo expressly acknowledging the Multijurisdictional Program for Public Information (PPI) is part of the LMS which was adopted by Council in Resolution 20-18 on May 7, 2020. (consent) 7.10 Approve an Interlocal Agreement between Pinellas County and the City of Clearwater and other NPDES Co-Permittees for Water Quality Monitoring and Assessment and authorize the appropriate officials to execute same. (consent) 7.11 Authorize a Purchase Order with John Mader Enterprises, Inc dba Mader Electric Motors of North Fort Myers, FL to provide services to repair, replace or supply utility plant equipment, for an initial not to exceed amount of $300,000 beginning August 19, 2020 through May 20, 2021 with the option for two, one-year extensions at an annual not to exceed amount of $400,000, making the total value $1.1 million, per Clearwater Code of Ordinances Section 2.564(1)(d) Other Government Entities’ Bids, and authorize the appropriate officials to execute same. (consent) 7.12 Approve multiple vendor purchase orders as of a result of Invitation to Bid (ITB) 34-20, Mechanical, Electrical and Plumbing Services, for a total annual not-to-exceed amount of $4,000,000 with the option for three one-year renewal terms at the City’s discretion and authorize the appropriate officials to execute same. (consent) 7.13 Designate Councilmember Beckman to serve as the City’s official voting delegate at the Florida League of Cities’ Annual Conference, August 14, 2020. (consent) Public Hearings - Not before 6:00 PM 8. Administrative Public Hearings Page 4 City of Clearwater Printed on 8/6/2020 August 6, 2020City Council Meeting Agenda 9. Second Readings - Public Hearing 9.1 Adopt Ordinance 9367-20 on second reading, amending the future land use plan element of the Comprehensive plan to designate the land use for certain real properties whose post office addresses are 24323 and 24479 US Highway 19 North, all in Clearwater, Florida 33763, upon annexation into the City of Clearwater, as US 19 - Corridor (US 19 C) and Preservation (P). 9.2 Adopt Ordinance 9368-20 on second reading, amending the Zoning Atlas of the city by zoning certain real properties whose post office addresses are 24323 and 24479 US Highway 19 North, all in Clearwater, Florida 33763, upon annexation into the City of Clearwater, as US 19 (US 19) and Preservation (P). 9.3 Adopt Ordinance 9387-20 on second reading, amending the Community Development Code Sections 3-1202.G, 3-1401.C, 3-2103, and Appendix B. 9.4 Adopt Ordinance 9391-20 on second reading, annexing certain real property whose post office address is 1704 Lucas Drive, Clearwater, Florida 33759, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. 9.5 Adopt Ordinance 9392-20 on second reading, amending the future land use plan element of the Comprehensive Plan to designate the land use for certain real property whose post office address is 1704 Lucas Drive, Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Residential Low (RL). 9.6 Adopt Ordinance 9393-20 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1704 Lucas Drive, Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). 10. City Manager Reports 10.1 Approve an agreement with Axon Enterprise, Inc. of Scottsdale, AZ, in the amount of $2,217,407, for the five-year period from August 6, 2020 through August 5, 2025, for the purchase of body camera equipment, digital evidence storage and management, licensing, and training, in accordance with Clearwater Code of Ordinances Section 2.564(1)(d) Other Government Entities Bids; increase the number of full time equivalents within the Police Department by one position and upgrade one officer position to Police Sergeant; and authorize the appropriate officials to execute same. 10.2 Confirm COVID-19 Emergency Proclamation and adopt Resolution 20-36. 10.3 Main Library First Floor Discussion Page 5 City of Clearwater Printed on 8/6/2020 August 6, 2020City Council Meeting Agenda 11. City Attorney Reports 12. Closing comments by Councilmembers (limited to 3 minutes) 13. Closing Comments by Mayor 14. Adjourn Page 6 City of Clearwater Printed on 8/6/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8074 Agenda Date: 8/6/2020 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: Council Work Session Agenda Number: 4.1 SUBJECT/RECOMMENDATION: Diversity Leadership Council Poster Presentation - Tabitha Green, Library and Karla Deas, Planning and Development SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/6/2020 | 1 CITY OF CLEARWATER 2020 Diversity Leadership Council Poster Contest Age Group 5 - 8 3rd Place, Age 5-8: Emerson Davis, 6 “Animal Garden” 2nd Place, Age 5-8: Jaxon Schaub, 8 “Color Chain” 1st Place, Age 5-8: Lennon Varella, 7 “Hand Land” Age Group 9 - 12 3rd Place, Age 9-12: Lia Karabinos, 12 “We All Matter” 2nd Place, Age 9 - 12: Nalla Mous, 12 “Equality and Diversity different but the same.” 1st Place, Age 9-12: Zaynah Hussein, 10 “The World is Better with Different People.” Age Group 13 & Up 3rd Place, Age 13 & Up: Estrella Irizarry, 13 2nd Place, Age 13 & Up: LaToya Mitchell, 14 “Bubble Boy” 1st Place, Age 13 & Up: Michelle Chery, 17 Grand Prize Winners 3rd Place Grand Prize Winner: Lennon Varella, 7 “Hand Land” 2nd Place Grand Prize Winner: Michelle Chery, 17 Grand Prize Winner: Zaynah Hussein, 10 “The World is Better with Different People.” Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8024 Agenda Date: 8/6/2020 Status: Agenda ReadyVersion: 1 File Type: MinutesIn Control: City Council Agenda Number: 5.1 SUBJECT/RECOMMENDATION: Approve the minutes of the July 16, 2020 City Council Meeting Minutes 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 8/6/2020 City Council Meeting Minutes July 16, 2020 City of Clearwater Main Library- Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 H 5 Meeting Minutes Thursday, July 16, 2020 6:00 PM Main Library - Council Chambers City Council Page 1 City of Clearwater City Council Meeting Minutes July 16, 2020 Roll Call Present: 5 - Mayor Frank Hibbard, Councilmember Hoyt Hamilton, Vice Mayor David Allbritton, Councilmember Mark Bunker and Councilmember Kathleen Beckman Also Present: William B. Horne II — City Manager, Micah Maxwell —Assistant City Manager, Michael Delk—Assistant City Manager, Pamela K. Akin City Attorney, Rosemarie Call — City Clerk, and Nicole Sprague — Deputy 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 Hibbard The meeting was called to order at 6.00 p.m. using communications media technology. 2. Invocation — Rev. Norma Fontaine-Philbert from Garden of Grace Ministries 3. Pledge of Allegiance — Mayor Hibbard 4. Approval of Minutes 4.1 Approve the minutes of the March 18, 2020 Emergency City Council Meeting and the June 18, 2020 City Council Meeting as submitted in written summation by the City Clerk. Councilmember Hamilton moved to approve the minutes of the March 18, 2020 Emergency City Council Meeting and the June 18, 2020 City Council Meeting as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. Page 2 City of Clearwater City Council Meeting Minutes July 16, 2020 5. Citizens to be heard re items not on the agenda Kayte Bush expressed concerns with the monthly federal assistance scheduled to end soon. She said she is a dental hygienist impacted by the COVID-19 pandemic and depends on the assistance. It was stated the Salvation Army has scheduled a food giveaway tomorrow at 9:00 a.m. for those in need. Bill Jonson said he spoke at the June 11 meeting regarding trip hazards.- the azards; the one at 3563 N. Ridge Drive still needs to be addressed. He expressed concerns that any area of Clearwater would be treated differently than others and urged Council to fund items in the budget that provide safe and beautiful infrastructure for all residents. He reminded all that the last day to register to vote for the August primary is Monday, July 20. Taylor Precort expressed concerns with the proposed roadway improvement on Drew Street that would limit vehicular traffic into downtown. Marti Marshall read a portion of Article 1 of the Florida Constitution. Terry Jones played a video for the upcoming Rising Above Youth Experience event and invited all to participate. Kara Lyn Bradham expressed concerns with the proposed Drew Street improvements. She said the roadway improvements will negatively impact the revitalization efforts planned for downtown. Robin Reinberger said she is proud of Clearwater because there is no violence and it is an integrated community. She opposed the proposed roadway improvement for Drew Street. Page 3 City of Clearwater City Council Meeting Minutes July 16, 2020 It was stated that the Florida Department of Transportation (FDOT) is studying arterial roads that run east-west if the Drew Street segments are changed, the proposal will come back to council if FDOT makes any changes. The municipalities involved felt FDOT would be best to conduct the study. Daniel Holuba expressed concerns with the Mayor ending the work session because he had an appointment and believed it was a conflict of interest. He opposed the proposed entertainment venue; the City has no business being in the entertainment business. 6. Consent Agenda — Approved as submitted, less Item 6.5. 6.1 Approve changes to grant disbursement criteria for Clearwater's Back to Business Grant and Professional Services Program. (consent) 6.2 Award a contract for utility rate study and other professional services for the five-year period ending August 30, 2025 to Stantec Consulting Services, Inc. (Stantec), for the Water and Sewer, Stormwater, and Solid Waste and Recycling utilities, for a not-to-exceed amount of$370,000, and authorize the appropriate officials to execute same. (consent) 6.3 Approve a two-year Legal Services Agreement, in an amount not to exceed $30,000, with Deborah C. Brown of Brown Law and Consulting, PLLC to review and revise several employment related documents and related Clearwater Code of Ordinance sections and authorize the appropriate officials to execute same. (consent) 6.4 Approve agreement between the City of Clearwater and Tindale-Oliver and Associates, Inc. for ADA consulting services to complete a citywide self-evaluation and transition plan at a cost of$383,657 and authorize the appropriate officials to execute same. (consent) 6.5 Approve co-sponsorship and waiver of requested city fees and service charges for special events including two annual city events produced by the Parks and Recreation Department, twenty-seven city co-sponsored events produced by others, and ten downtown events produced by Amplify, at an estimated General Fund cost of$624,710 104,750 cash contributions and $519,960 in-kind contributions) and Enterprise Fund Page 4 City of Clearwater City Council Meeting Minutes July 16, 2020 cost of$64,970, for the purposes of Fiscal Year 2020/21 departmental budget submittals. consent) See below. 6.6 Approve acceptance of United States Department of Justice, Office of Justice Programs, Coronavirus Emergency Supplemental Funding Program 2020 Grant award in the amount of$146,631 for police personal protective equipment (PPE), sanitizing supplies, officer overtime, and authorize the appropriate officials to execute same. (consent) 6.7 Approve Construction Manager at Risk (CMAR) agreement with Ajax Building Company, LLC of Oldsmar, FL for the proposed Clearwater Police Department District 3 Substation 18-0004-PD.) (consent) 6.8 Authorize a five-month extension to Central Florida Contractors, Inc. of Seminole, Florida, for the 2017 Sidewalk Construction (16-0016-EN) through November 30, 2020 and authorize the appropriate officials to execute same. (consent) 6.9 Approve a purchase order to Duke Energy in the amount of$167,912.96 for Imagine Clearwater underground utility relocation pursuant to Clearwater Code of Ordinances Section 2.564 (1)(b), Sole Source and authorize the appropriate officials to execute same. (consent) 6.10 Declare 2006 Pierce Dash Aerial (G3404) surplus in accordance with Clearwater Code of Ordinances Section 2.622 and authorize trade-in to Ten-8 Equipment, Inc. of, Bradenton, FL for the offered amount of$35,000.00, in accordance with Section 2.624, Code of Ordinances - Exceptions to auction sale bidding procedures, and authorize the appropriate officials to execute same. (consent) 6.11Approve the Second Amendment to the Emergency Medical Services ALS First Responder Growth Management Agreement (extension) between Pinellas County Fire Protection Authority and City of Clearwater for one additional one-year term extending through September 30, 2021 and authorize the appropriate officials to execute same. consent) 6.12Approve an amendment to the Interlocal Agreement between the City of Clearwater and Pinellas County pertaining to the Clearwater Planning Area, extending the term of said Page 5 City of Clearwater City Council Meeting Minutes July 16, 2020 agreement from September 30, 2020 to September 30, 2030 and authorize the appropriate officials to execute same. (consent) 6.13Accept CARES Act Grant Offer No. 3-12-0011-001-2020 for the Clearwater Airpark, between the U.S. Department of Transportation Federal Aviation Administration and the City of Clearwater in the amount of$30,000.00 and authorize the appropriate officials to execute same. (consent) 6.14Declare surplus and authorize disposition of G4985 via auction to the highest bidder, pursuant to City Code Section 2.622, Surplus Personal Property, and authorize the appropriate officials to execute same. (consent) 6.15Approve an increase to an existing purchase order with WM Recycle America, LLC WM/RA) in the amount of$150,000 for the processing of the City's single stream recycling commodity at the contractor's facility in Tampa, FL from July 2020 through December 2020 bringing the total amount to $200,000 and authorize the appropriate officials to execute same. (consent) 6.16Reappoint Maria (Gaby) Camacho to the Neighborhood and Affordable Housing Advisory Board with term to expire June 30, 2024. (consent) 6.17Reappoint Joseph DeCicco to the Brownfields Advisory Board with term to expire June 30, 2024. (consent) 6.18Request for authority to settle a civil action styled Brandes Design-Build, Inc. v. City of Clearwater, Case No. 15-003724-CI, Pinellas County Circuit Court, for the amount of 350,000.00, in exchange for a full release and dismissal of the case with prejudice. consent) Councilmember Hamilton moved to approve the Consent Agenda as submitted, less Item 6.5, and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 6.5Approve co-sponsorship and waiver of requested city fees and service charges for Page 6 City of Clearwater City Council Meeting Minutes July 16, 2020 special events including two annual city events produced by the Parks and Recreation Department, twenty-seven city co-sponsored events produced by others, and ten downtown events produced by Amplify, at an estimated General Fund cost of$624,710 104,750 cash contributions and $519,960 in-kind contributions) and Enterprise Fund cost of$64,970, for the purposes of Fiscal Year 2020/21 departmental budget submittals. According to City Council Policy, Item M - Special Event Fees, there shall be an annual review of City sponsored/co-sponsored events during the budget process. An agenda item approving co-sponsorship and level of support for these events will be brought before the City Council at the beginning of the budget process each fiscal year. In the event additional money is required beyond what is approved in the Fiscal Year(FY) 2020/21 budget, City Council approval will be required. Staff recommends that cash and in-kind contributions be included in the various departmental budgets for FY 2020/21 for co-sponsored special events as detailed in Special Events Budget Estimates Chart for FY 2020/21. Cash contributions of$104,750 are for Jazz Holiday ($75,000), Tampa Bay Veterans Association, Memorial and Veterans Celebrations ($5,000), MLK Jr. Celebration ($4,750), and the Florida Orchestra ($20,000). This is a reduction of$3,000 in cash contributions from 2019/20. Overall, General Fund requests decreased by$4,430 and Enterprise Fund costs increased by$20,040 for a grand total increase for FY 2020/21 of$15,610. This increase is primarily due to the addition of two new events, Rock N Roll Marathon (approved by Council on February 6, 2020), and 10 new downtown events produced by Amplify (approved contract with Amplify on March 16, 2020). A new co-sponsorship selection process was developed this year to evaluate all applications for sponsorship. The committee received 38 applications for city co-sponsorship of which 30 are being recommended to Council for approval. Of the 30 applications, 20 are renewals and 10 events are new. Of the new events, staff is recommending that only two receive first year funding, Rock N Roll Half Marathon and downtown events produced by Amplify. The application fee of$200 for the remaining eight first time events will be waived. Five of the new events on this list are for various runs that impact the Memorial Causeway, resulting in partial closings. With the exception of Rock N Roll Page 7 City of Clearwater City Council Meeting Minutes July 16, 2020 Marathon, the other runs have previously been approved and held in Clearwater as private events. Staff is recommending all runs and events that impact the Memorial Causeway be included as a co-sponsored event in order for Council to review and approve rather than the Special Events Committee. Ten previous events were removed from the list, most notably the Hispanic Heritage Festival was canceled by the radio station. Also, included on the Special Events Budget Estimates Chart for FY 2020/21 is a list of additional events requiring limited support from the Parks and Recreation Special Events Division. Special Events Division processed 635 special events applications during 2019, including 161 general permits, 360 wedding permits,30 co-sponsored event permits, 39 department supported event permits, and 45 park usage permits. One individual spoke in opposition. One individual said the Mayor received$500 from ClearPac. In response to a comment, the City Attorney said city funds provided to the Amplify Clearwater are not provided to their political action committee. Councilmember Hamilton moved to approve co-sponsorship and waiver of requested city fees and service charges for special events including two annual city events produced by the Parks and Recreation Department, twenty-seven city co-sponsored events produced by others, and ten downtown events produced by Amplify, at an estimated General Fund cost of$624,710 ($104,750 cash contributions and $519,960 in-kind contributions) and Enterprise Fund cost of $64,970, for the purposes of Fiscal Year 2020/21 departmental budget submittals. The motion was duly seconded and carried unanimously. Public Hearings - Not before 6:00 PM 7. Administrative Public Hearings Page 8 City of Clearwater City Council Meeting Minutes July 16, 2020 7.1 Adopt a tentative millage rate of 5.9550 mills for fiscal year 2020/21; set public hearing dates on the budget for September 3, 2020 and September 17, 2020, to be held no earlier than 6:00 p.m., and schedule a special council meeting on July 28, 2020 at 9:00 a.m. to fully discuss the proposed budget. In accordance with the Truth in Millage (TRIM) process, the City Council must adopt a tentative millage rate and set public hearing dates prior to finalizing and adopting a budget. This information must be provided to the Pinellas County Property Appraiser and Tax Collector by August 4, 2020. The City's proposed millage rate and public hearing dates will be included on the TRIM notices mailed to taxpayers in August. This tentative rate cannot be increased without first-class mailing notification to each taxpayer at the expense of the City of Clearwater, not less than 10 days and not more than 15 days before the public hearing. The City Manager's recommended millage rate is 5.9550 mills, the same as the current year. This rate is 5.12% more than the rolled back rate of 5.6649 mills. The rolled-back rate is the millage rate that will provide the City with the same property tax revenue as was levied in the prior year. If the proposed millage rate of 5.9550 mills is adopted, the City's ordinance adopting the millage rate will reflect a 5.12% increase from the rolled-back rate of 5.6649 mills. The proposed millage rate as well as other TRIM millage rates will be noted on the 2020 compliance forms as follows: 5.9550 mills - Tentative millage rate 5.6649 mills - Rolled-back millage rate 6.4651 mills - Maximum majority vote rate 7.1116 mills - Maximum two-thirds vote rate Staff would also like to schedule a special council meeting to fully discuss the proposed budget. The following dates are dates available: Tuesday, July 28 at 9 a.m., and Tuesday, August 4 at 9 a.m. Budget Manager Kayleen Kastel provided a PowerPoint presentation. One individual said the Clearwater Beach Chamber of Commerce and the Regional Clearwater Chamber of Commerce merged to form Amplify Clearwater, their political action committee is called ClearPac. She said Page 9 City of Clearwater City Council Meeting Minutes July 16, 2020 ClearPac donated$500 to the Mayor's campaign. She suggested the City release a request for proposals regarding special event programming for non-profit or for-profit organization, in addition to Amplify Clearwater. She said it is a conflict of interest for the City Manager to sit on the Clearwater Jazz foundation. She opposed the City's utility fees. The City Attorney said she would confirm if there is a conflict for the city manager to sit on the foundation. Councilmember Hamilton moved to adopt a tentative millage rate of 5.9550 mills for fiscal year 2020/21; set public hearing dates on the budget for September 3, 2020 and September 17, 2020, to be held no earlier than 6:00 p.m., and schedule a special council meeting on July 28, 2020 at 9:00 a.m. to fully discuss the proposed budget. The motion was duly seconded and carried unanimously. Ayes: 5 - Mayor Hibbard, Councilmember Hamilton, Vice Mayor Allbritton, Councilmember Bunker and Councilmember Beckman Mayor Hibbard recused himself from voting,his wife is the Chief Development Officer for the Salvation Army. He said the Vice Mayor would handle Item 7.2. The Council recessed from 8.09 p.m. to 8:20 p.m. 7.2 Approve the City of Clearwater's FY2020/21 through 2024/25 Five-Year Consolidated Plan (Con Plan) and the 2020-2021 Annual Action Plan to implement the goals and objectives set forth in the Con Plan, as required by HUD, and authorize the City to enter into agreements with organizations approved for funding. The U.S. Department of Housing and Urban Development (HUD) requires communities that receive entitlement Community Development Block Grant Program (CDBG) and HOME Investment Partnership Program (HOME) funds to prepare a comprehensive planning document that evaluates the needs of the Page 10 City of Clearwater City Council Meeting Minutes July 16, 2020 community and sets forth strategies to address those needs. The FY 2020/21-2024/25 Con Plan consists of the following: Executive Summary Process Overview Needs Assessment Housing Market Analysis Strategic Plan Annual Action Plan Citizen Participation Plan Appendix The Needs Assessment section of the Con Plan identifies Clearwater's communitywide housing and community development needs. Data from the Comprehensive Housing Affordability Strategy(CHAS) database and the U.S. Census Bureau's American Community Survey (ACS) database are referenced in this section. Additionally, this section is supported with feedback from several community meetings, data from the local Public Housing Authority and other documentation from Clearwater and its partners. The purpose of the Market Analysis is to provide a clear picture of the environment in which Clearwater must administer its programs over the course of the Con Plan. In conjunction with the Needs Assessment, the Market Analysis will provide the basis for the Strategic Plan and the programs and projects to be administered. Most of the data tables in this section are populated with a default data set based on the most recent data available. Additional data has been obtained from various sources, including more current ACS estimates and local data from Clearwater and Pinellas County. The Strategic Plan is structured around six goals in administering the City's housing and community development programs. Each goal is accompanied by corresponding objectives toward meeting that goal. These goals and objectives are as follows: Housing Goal: Provide availability and accessibility to decent housing to the low to moderate-income families within the city limits. Homeless Goal: Help to prevent and reduce homelessness within the city limits. Non-Homeless and Special Needs Goal: Expand the accessibility and Page 11 City of Clearwater City Council Meeting Minutes July 16, 2020 coordination of social services to the city's special needs population. Community Development and Public Services/Facilities Goal: Enhance the living environment for persons in low to moderate-income areas through public improvements activities, public service programs and elimination of blight. Economic Development Goal: Support programs that create economic opportunities throughout the city with special emphasis given to areas and persons of low to moderate-income. Disaster Response Goal: Provide assistance prior to, during and after a community emergency and/or disaster event to prepare for and/or mitigate loss, protect during an event, and aid with recovery. The Strategic Plan also identifies four geographic priorities: 1) City-wide, Low- and Moderate-Income Local Target Area; 2) Lake Bellevue Neighborhood Revitalization Strategy Area (NRSA); 3) Downtown Gateway District NRSA; and 4) North Greenwood NRSA. The designation of a Local Target Area and NRSAs increases the potential for coordinated planning and investment. In addition, the City is required to create and implement a plan for each year of the Con Plan to identify the sources and uses of federal money for housing, community programs, and economic development. This plan, referred to as an Annual Action Plan, provides HUD with the City's housing and community development budget and proposed expenditures based on the entitlement funds and estimated program income that the City will receive in the upcoming fiscal year to meet the goals established in the Con Plan. Funds are used to develop viable communities and sustain existing ones. In addition, the funds will be used to provide safe, decent and affordable housing to assist extremely low- to moderate-income households. This years' Annual Action Plan allocates federal funds to provide housing opportunities to extremely low- to moderate-income households for new and existing homes, construction and/or renovation of public facilities, and to fund public services and economic development programs. Clearwater anticipates a total allocation of$837,360 in CDBG funding and 431,436 in HOME funding for FY 2020-2021. CDBG program income is expected in the amount of$665,000 and CDBG carryover funds from its Revolving Loan Program is expected in the amount of$1,145,000. In addition, the City anticipates Page 12 City of Clearwater City Council Meeting Minutes July 16, 2020 2,292,492 of carryover funds and approximately $96,000 in program income from the HOME program. Funds provided through the CDBG Program maybe used for housing, community and economic development, public services and facilities, acquisition, relocation, demolition, and administration. Funds provided through the HOME Program are limited to housing-related activities and administration. The City partners with several non-profit agencies to implement the goals and objectives the City has established in the Consolidated Plan. To obtain these partners, the City annually publishes a Notice of Funding Availability in the local newspaper and on its website in February. This notice informs the public of the resources the City will make available and the eligible uses of these resources. It also informs them of the application period for requesting funds. The applications were due on April 10 and the City received a total of 28 applications for funding. A Technical Review Committee (TRC), comprised of professionals in the social service and grants community and a member of the City's Neighborhood and Affordable Housing Advisory Board (NAHAB), reviewed and ranked the applications. Applicants are typically given an opportunity to present their proposed projects at a meeting of the Neighborhood and Affordable Housing Advisory Board; however, this meeting was cancelled due to COVID 19 restrictions. City staff also reviewed each application to ensure it met HUD's baseline requirements. One application was rejected due to an ineligible proposal and another was rejected due to lack of organizational and financial capacity. The NAHAB met on June 9, 2020 to approve the recommended allocations contained in the FY 2020-2021 Annual Action Plan. Each year the City may allocate up to 15% of its CDBG funds for Public Services activities. This year the City received requests for funding for public services in the amount of$293,000, however based on HUD's formula, 125,604 was available to fund twelve organizations. The NAHAB has endorsed a sliding scale funding system for Public Services applicants that dictates the funding ratios based the ranking. Utilizing a sliding scale ensures all approved and eligible applicants are funded. The Annual Action Plan also budgets $496,291 in Public Facility improvements. Public Service and Public Facility projects support a wide range of community focused non-profit organizations, each having a mission inline with goals identified in the Con Plan. Page 13 City of Clearwater City Council Meeting Minutes July 16, 2020 The Consolidated Plan and Annual Action Plan are due to HUD on August 15, 2020. All organizations that will be receiving an allocation will have agreements prepared and executed by October 1, 2020. Staff will perform compliance monitoring with funded organizations on an annual basis. Economic Development and Housing Assistant Director Chuck Lane provided a PowerPoint presentation. One individual suggested using the former North Ward school site for affordable housing. Councilmember Hamilton moved to approve the City of Clearwater's FY2020/21 through 2024/25 Five-Year Consolidated Plan (Con Plan) and the 2020-2021 Annual Action Plan to implement the goals and objectives set forth in the Con Plan, as required by HUD, and authorize the City to enter into agreements with organizations approved for funding. The motion was duly seconded and carried unanimously. 7.3 Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1704 Lucas Drive, and pass Ordinances 9391-20, 9392-20, and 9393-20 on first reading. (ANX2020-04004) This voluntary annexation petition involves a 0.191-acre property consisting of one parcel of land occupied by a single-family dwelling. The property is located on the west side of Lucas Drive, approximately 130 feet north of SR590. The applicants are requesting annexation in order to receive sanitary sewer and solid waste service from the City. The property is located within an enclave and is contiguous to existing city boundaries to the east, west and south. It is proposed that the property be assigned a Future Land Use Map designation of Residential Low (RL) and a Zoning Atlas designation of Low Medium Density Residential (LMDR). Page 14 City of Clearwater City Council Meeting Minutes July 16, 2020 The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: The property currently receives water service from Pinellas County. The applicants have paid the City's sewer impact and assessment fees and have already connected to the sewer system. 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 48 located at 1700 N. Belcher Road. 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 Low (RL) Future Land Use Map category 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 Page 15 City of Clearwater City Council Meeting Minutes July 16, 2020 The property proposed for annexation is contiguous to existing city boundaries to the east, west and south; therefore, the annexation is consistent with Florida Statutes Section 171.044. Mayor Hibbard returned to the meeting at 8:35 p.m. Councilmember Hamilton 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 1704 Lucas Drive. The motion was duly seconded and carried unanimously. Ordinance 9391-20 was presented and read by title only. Councilmember Hamilton moved to pass Ordinance 9391-20 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Councilmember Hamilton, Vice Mayor Allbritton, Councilmember Bunker and Councilmember Beckman Ordinance 9392-20 was presented and read by title only. Councilmember Hamilton moved to pass Ordinance 9392-20 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Councilmember Hamilton, Vice Mayor Allbritton, Councilmember Bunker and Councilmember Beckman Ordinance 9393-20 was presented and read by title only. Councilmember Hamilton moved to pass Ordinance 9393-20 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Councilmember Hamilton, Vice Mayor Allbritton, Councilmember Bunker and Councilmember Beckman 7.4 Approve amendments to the Clearwater Community Development Code revising Page 16 City of Clearwater City Council Meeting Minutes July 16, 2020 Appendix B US 19 Zoning District and Development Standards general provisions, regulating plan, and flexibility divisions, and modifying the comprehensive landscaping program, parking demand study, and temporary uses sections, and pass Ordinance No. 9387-20 on first reading. (TA2020-03003) The proposed text amendment is the first substantive city-initiated update to the US 19 Zoning District and Development Standards (Appendix B of the Community Development Code) since it was adopted in February 2017. The City has processed permits for renovations of existing buildings, changes of use, and redevelopment projects of various scales under the new US 19 District requirements, which has allowed staff to assess the standards. Proposed Ordinance 9387-20 is primarily focused on sections of the US 19 District and Development Standards addressing development exemptions and flexibility, but also includes other limited amendments which are summarized below. Updated terminology within and the organization of Section B-103, Organization of Standards, to make consistent with the Downtown (D) District which was adopted after the US 19 District Clarified certain exemptions by modifying provisions for improvement, remodel or reconstruction projects and developments setback more than 200 feet to state that new floor area must meet the US 19 District setbacks "to the maximum extent practicable," and by incorporating additional descriptions (Section B-104) Amended the US 19 District Regulating Plan by changing the designated Street Frontage Type from B to D for the eastern side of the Campus Walk retail plaza located at 2551 and 2571 Drew Street and the western side of the FDOT stormwater pond on US 19, and by depicting "key corners" on the maps (Division 2, Figure 1. Regulating Plan) Expanded options for flexibility in Appendix B, Division 7 under certain circumstances by: o allowing additional reductions to required parking beyond those possible through the parking reduction factors outlined in Table 3 based on the provision of a parking demand study (new flexibility provision) o allowing front setbacks less than the minimum required for lots that have various constraints such as irregular shapes or natural Page 17 City of Clearwater City Council Meeting Minutes July 16, 2020 features which make it difficult to meet the required setbacks modified existing flexibility provision) o reducing the acreage threshold from 10 acres to 5 acres for Special Project Types with "employment intensive land uses" modified existing flexibility provision) Established a criterion for the use of the comprehensive landscape program in the US 19 District, where currently it is not permitted Section 3-1202.G) Added the City Engineer as an approver for parking demand study methodology (Section 3-1401.C) Added the US 19 District to the list of Districts in which certain temporary uses can occur(Section 3-2103) The Planning and Development Department has determined that the proposed text amendment to the Community Development Code is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan and the Community Development Code as outlined in the staff report. The CDB reviewed the proposed text amendment at its meeting of June 16, 2020, and unanimously recommended approval of the amendment. One individual questioned why the Environmental Advisory Board is not reviewing text amendments and has not met in months. Councilmember Hamilton moved to approve amendments to the Clearwater Community Development Code revising Appendix B US 19 Zoning District and Development Standards general provisions, regulating plan, and flexibility divisions, and modifying the comprehensive landscaping program, parking demand study, and temporary uses sections. The motion was duly seconded and carried unanimously. Councilmember Hamilton moved to amend Ordinance 9387-20 as follows: Page 18 City of Clearwater City Council Meeting Minutes July 16, 2020 On page 3 of the ordinance, Section 3-1401.0 is amended to read as follows: C.P Parking demand study. 1.If flexibility of the parking standards is requested that is greater than 50 percent of the top end of the range (excluding those standards where the difference between the top and bottom of the range is one parking space), then a parking demand study will need to be provided. Prior to the preparation of such study, the methodology shall be approved by the Csommunity Ddevelopment Csoordinator and City Engineer, and in accordance with accepted traffic engineering Ilp iiiiillll The findings of the study will be used in determining whether or not flex ib i I ityde xiations to the parking standards are approved. On page 14 and 15 of the ordinance, Section B-703 is amended to read as follows: SECTION B-703. FLEXIBILITY PROVISIONS Flexibility may be approved subject to the standards below. A) Subdistrict Standards — Parking Flexibility to further reduce the minimum number of parking spaces to less than what may be approved through Table 3. Parking Reduction Factors in Section B-303.0 may be requested with the provision of a parking demand study. Prior to the preparation of such study, the methodology shall be approved by the Community an th aid traffic engineering principles ipals. The findings of the study will be used in determining whether or not additional flexibility to the required parking may be approved. C-&) Street Frontage Standards - Building Spacing The maximum spacing between individual buildings along Street Frontage Types A, B, and C may be increased or waived for projects w4h-that meet the requirements of 7W r R-7-n r. *? and B-703.C. . ED) Street Frontage Standards - Front Building Facades & Entries 1.For buildings along Street Frontage Types A, B, and C, the extent of transparent glazing along a building's ground floor front facade may be reduced to 25 percent if the building's ground floor side facade is designed to meet standards applicable to the front facade, including requirements for pedestrian and landscape improvements. Page 19 City of Clearwater City Council Meeting Minutes July 16, 2020 2.For buildings at corner locations, the extent of transparent glazing along the front facade with the lowest level of existing or planned pedestrian activity may be reduced to 25 percent. These flexibility provisions are illustrated in Figure 16. Frontage Design Flexibility. 2 Acs 0. 11 ust; ted OR Fig1_1,16. PFA-Rtage PeGigR Pexibility Fflexibility in the application of entry location standards in Appendix II: Division 4 and in Section B-604.A may be approved consistent with one a4-of the following. The motion was duly seconded and carried unanimously. Ordinance 9387-20 was presented and read by title only. Councilmember Hamilton moved to pass Ordinance 9387-20 on first reading, as amended. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Councilmember Hamilton, Vice Mayor Allbritton, Councilmember Bunker and Councilmember Beckman 7.5 Approve the annexation of 300 feet of Elizabeth Avenue right-of-way located approximately 970 feet north of Gulf to Bay Boulevard, abutting a parcel with the post office address of 327 David Avenue, and pass Ordinance 9405-20 on first reading. ANX2020-05005) This voluntary annexation petition involves 0.08 acres of the Elizabeth Avenue right-of-way located north of Gulf to Bay Boulevard. The City of Clearwater is requesting this annexation to ensure that the entire Elizabeth Avenue right-of-way is within the city's jurisdiction. The property is contiguous to existing city boundaries to the west and south. This segment is located adjacent to a city-owned parcel 327 David Avenue, which is located between and connected to both David Avenue to the west and Elizabeth Avenue to the east (PIN 17-29-16-00000-130-0900). That property is subject to a contract for exchange of real property between the City of Clearwater and Creative Contractors, Inc., pending approval of a development Page 20 City of Clearwater City Council Meeting Minutes July 16, 2020 application for a new office building (FLD2020-04010). The proposed development application includes the improvement of the abutting Elizabeth Avenue right-of-way located in a 12.5-foot city easement that will provide solid waste and emergency services access to the site. The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: The 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 objective 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. The proposed annexation is 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 west and south; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. Councilmember Hamilton moved to approve the annexation of 300 feet of Elizabeth Avenue right-of-way located approximately 970 feet north of Gulf to Bay Boulevard, abutting a parcel with the post office address of 327 David Avenue. The motion was duly seconded and carried unanimously. Ordinance 9405-20 was presented and read by title only. Councilmember Hamilton moved to pass Ordinance 9405-20 on first reading. The motion was duly seconded and upon roll call, the vote was: Page 21 City of Clearwater City Council Meeting Minutes July 16, 2020 Ayes: 5 - Mayor Hibbard, Councilmember Hamilton, Vice Mayor Allbritton, Councilmember Bunker and Councilmember Beckman 8. Second Readings - Public Hearing 8.1 Adopt Ordinance 9394-20 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, Water and Sewer Fund, Stormwater Fund, Gas Fund, Airpark Fund and Parking Fund. Ordinance 9394-20 was presented and read by title only. Councilmember Hamilton moved to pass Ordinance 9394-20 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Councilmember Hamilton, Vice Mayor Allbritton, Councilmember Bunker and Councilmember Beckman 8.2 Adopt Ordinance 9395-20 on second reading, amending the Capital Improvement Budget for the Fiscal Year ending September 30, 2020, to reflect a net increase of 226,683. Ordinance 9395-20 was presented and read by title only. Councilmember Hamilton moved to adopt Ordinance 9395-20 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Councilmember Hamilton, Vice Mayor Allbritton, Councilmember Bunker and Councilmember Beckman 9. City Manager Reports Page 22 City of Clearwater City Council Meeting Minutes July 16, 2020 9.1 City Hall Site Selection Update In January 2019, the City of Clearwater vacated its City Hall building and temporarily relocated its administrative offices to One Clearwater Tower(600 Cleveland Street) under a five-year lease. During that five years the intent was to complete an already ongoing joint use facility discussion with Pinellas County, and based on that study determine the best path forward for future construction of a new City Hall. The joint use study was completed in August 2019, and while its results showed potential capital and operational savings for the City, it did not provide those same efficiencies for Pinellas County. As a result, the City focused its efforts on a building that would operate solely as a City Hall for the City of Clearwater. In October 2019, the directors of the CRA, Engineering, and Planning and Development Services departments were tasked with conducting a site selection study for the new building. The study commenced with the development of review criteria deemed pertinent so that staff had the clarity it needed to ensure an objective, well thought out result that was focused on those areas deemed most important. Staff approached the generation of those criteria with the understanding that it had to be guided by Objective 1 B of the Clearwater Downtown Redevelopment Plan, which states that "the location, placement and design of a new City Hall needs to reflect the building's civic importance as a community-gathering space," while balancing cost factors (real estate, construction and operation), and the building's ability to act as an economic development catalyst for Downtown. To that end, the following four criteria were developed to recognize the above considerations and points were assigned to each based on their relative importance in the decision-making process. Implementation of Downtown Plan -4 points o Visibility and civic prominence o Location o Compatibility with surrounding uses/scale and fit with Character District Vision o Economic development catalyst potential (anchor to attract future development) o Transportation access (vehicular, pedestrian, transit, trail connection) o Proximity to other City services/facilities Page 23 City of Clearwater City Council Meeting Minutes July 16, 2020 Considerations such high/low visibility, compatible/not compatible with surrounding uses, likely to/ not likely to spur redevelopment of surrounding sites; frees up other institutional land for redevelopment; good transportation access for pedestrian, bikes, transit and vehicles/limited access; close to other city facilities) Real Estate - 3 points o Ownership o Available for acquisition if not city owned o Potential for partnership/joint tenancy and/or public/private partnership o Eligible for CRA incentives/opportunity zone o Construction ready/requires demolition Considerations - City/CRA owned; willing/unwilling sellers; high potential/low potential for public/private partnership; in/out of Opportunity Zone; construction ready/requires demolition) Site Characteristics -2 points o Parcel size and configuration o Parking for facility (on-site or off-site or combination) o Site conditions - topography, views, environmental contamination, existing trees, etc. o Infrastructure -adequate utilities availability, stormwater, traffic impacts on surrounding roadways o Sustainability (opportunities for sustainable infrastructure, etc.) Considerations - large/small site; good/awkward parcel configuration; good/poor site conditions; adequate infrastructure; negative impact on surrounding roadways; opportunity for sustainable infrastructure) Cost - 1 point o Land acquisition o Construction costs (renovation/new construction) o Site preparation Page 24 City of Clearwater City Council Meeting Minutes July 16, 2020 o Operational Efficiency o Operating costs/ongoing costs Considerations - City/CRA owned/not owned - low costs vs. high costs for acquisition; can/cannot accommodate City Hall and MSB operations; requires renovation/new construction; In an effort to narrow down the properties that would be reviewed in downtown, staff also used data generated by the now completed joint use facility review to determine a minimum lot size necessary to house a facility. The result was focus on sites approximately two acres in area. At the November 18, 2019 city council meeting, staff then presented the evaluation criteria and nine potential sites for discussion. Council agreed with the criteria and expressed support for staff to consider the possibility of a Government Center option in addition to a City Hall only option. Additionally, Council asked the team to include the Main Library site in the site selection process bringing the total to ten properties to be evaluated. Below are the results of the evaluation and subsequent ranking of the sites in order based on the total assigned points. The location of each site is highlighted in the Potential City Hall Sites Aerial Photograph document and the points assigned for each site and criteria are captured in the City Hall Site Selection Rankings Table document. 1. 9.25 points - Myrtle Avenue West - Court & Pierce Streets, south of MSB 2. 7.25 points - Myrtle Avenue East - Park and Pierce Streets, east of MSB 3. 5.25 points - Walgreens - NE corner Myrtle Ave. & Cleveland St. 4. 5.0 points - PSTA/County Lot - Ft. Harrison, B/W Park and Pierce Streets 5. 4.75 points - CRA Owned - Cleveland Street, B/W Betty Ln. & Lincoln Ave. 6. 4.25 points - Frank Crum Property - Missouri Ave. b/w Pierce Ave. & Gould St. 7. 3.00 points - Main Library - Osceola Ave. and Drew St. 8. 3.00 points - iDatix - Court St. & Gulf to Bay Ave. Page 25 City of Clearwater City Council Meeting Minutes July 16, 2020 9. 2.50 points - Court/Chestnut Triangle - Apex of Court & Chestnut Streets 10.2.00 points - Drew and Laura St. - South side of Drew St. (Nall Lumber) The selection team issued RFQ 10-20 for a new City Hall feasibility study that would include a series of concept studies and sketches for a new City Hall building. Additionally, the consultant was asked to evaluate the practicality of combining the functions of MSB with the proposed new City Hall and evaluating the sites for a new Clearwater Government Center. Five firms submitted qualifications and Harvard Jolly, Inc. was selected. Colliers International was also part of the team and was tasked with evaluating the feasibility of potential redevelopment options as part of the exercise. Because there was a significant point spread between the top two sites and the other sites, staff engaged Harvard Jolly to provide concept studies only for the top two sites - Myrtle Avenue West- between Court and Pierce and south of MSB and Myrtle Avenue East(Sites B and A respectively on the Potential City Hall Sites aerial photograph). Harvard Jolly developed three main options for each site. Option 1 focuses on the construction of a new City Hall and associated parking. Option 2 includes the construction of a new Government Center with surface parking and use of the MSB garage and Option 3 includes a new Government Center and parking garage for the Center. Because the top ranked site is large and includes two properties, two additional concepts were studied that illustrated partnership opportunities with either PSTA or a private developer. As part of the feasibility analysis for the City Hall/Government Center, Colliers International also provided an overview of the Clearwater real estate market to provide an opinion on what types of developments would be likely to be constructed if the City sold certain properties. Depending on the final location for a new City Hall/ Government Center, the City could potentially have up to three parcels available to sell/lease for private redevelopment. The type of use multi-family, retail, office etc.) will drive the sales price for the property which in turn could offset the construction costs for the new facility. City redevelopment projects also offer the opportunity to attract projects that meet land use goals identified in the Downtown Redevelopment Plan. Collier's market research indicated that the most likely types of commercial development in downtown Clearwater were retail uses that front Myrtle Avenue, mid-rise apartment development or a limited service hotel. Page 26 City of Clearwater City Council Meeting Minutes July 16, 2020 Based on the findings of the feasibility study, staff is recommending the City/CRA owned property located on the northwest of Court Street and Myrtle Avenue (Site B) be selected as the site for the new City Hall or Government Center. The site provides excellent visibility at the intersection of two state roadways and provides a site of civic prominence. The site has good transportation access, is located along the Pinellas Trail and is in close proximity to other city facilities and is large enough to support a stand-alone City Hall or a larger Government Center with on-site. Because either option can be built on the corner parcel, it offers the most options for public-private partnerships and redevelopment opportunities for other city-owned property. Staff also did a cursory review of potential cost savings and operational efficiencies to determine if a more detailed study into the Government Center concept was warranted. That review determined that there is a high potential for both long-term capital savings and operational savings by merging departments into a single building. At the March 2, 2020 Council meeting, direction was provided that consistent with the below recommendation, with staff working towards the generation of an RFP for design services within 60 days. That time period was intended to allow time for the previous council to consider what location they wish to have the new building designed for and to allow time for the council to be sworn in and receive the same information provided to the previous council. COVID-19 shifted priorities of staff, which has caused staff to delay the follow up presentation to the new Council and with that, the decision timeline for the building location. If the council agrees, staff would anticipate that the RFP would be ready for advertising by July 16th council meeting, and staff would ask Council to provide direction on the site for the new building at that meeting. Recommendation Based on the feasibility study and the cost savings and operational efficiency review, staff is recommending that an RFP be issued for design services using a two phased approach. Phase one would include a work order that would provide design services to the 15% level, provide a more in-depth review of space needs both City Hall and MSB, and complete a more robust review of cost savings, operational efficiencies, and the environmental impacts of both the City Hall and Government Center concepts. Staff anticipates that such analysis would include a review of enhanced customer service opportunities such as the creation of development service center, opportunities for energy savings, the future capital impact of replacing the MSB separate from City Hall, Page 27 City of Clearwater City Council Meeting Minutes July 16, 2020 the effect of maintaining the buildings separately rather than together, and the impact to the net present value of funds already allocated to various repair and replacement projects associated with MSB as it relates to their planned timeframe for expenditure. Following phase one, the City Council would be provided the data needed to make a decision to construct a City Hall or a Government Center. Phase two of the design would include a second work order which would be focused on bringing the design to 100%. An RFP for design services has been generated, however, staff will need formal direction on a site prior to advertising it. Planning and Development Director Gina Clayton, CRA Executive Director Amanda Thompson, Harvard Jolley Representatives Ward Friszolowski and Tim Feaster, and Assistant City Manager Micah Maxwell provided a PowerPoint presentation. The presentation provided an overview of the site selection criteria, real estate analysis, site options, and next steps. In response to questions, Mr. Feaster said the proposed site options are not ranked, the team was directed to provide options just for city hall and options for a combined city hall/municipal services building. Site configurations would be determined after a programing study to ensure the occupancy of the facility would be covered. The former city hall site had 96 parking spaces, the 2-story city hall (Option A)provides 145 parking spaces for city hall use. The Municipal Services Building (MSB) would utilize the existing parking garage. Mr. Friszolowski said currently there are times when the surface parking for the existing MSB is full, this option would provide MSB visitors additional parking behind city hall. Comments were made that Council should review the proposed site locations and identify those that are not viable, that a special work session should be scheduled in order to have a deeper discussion, and that environmental and solar efficiencies should be incorporated into the project. It was suggested that consideration be given to incorporate city hall in the Main Library for potential cost savings. Page 28 City of Clearwater City Council Meeting Minutes July 16, 2020 In response to a comment, Mr. Maxwell said staff identified some functional issues with the MSB, but staffs review of the building also focused on potential financial savings. He said he would provide Council with that information. A concern was expressed with building a bus station across from city hall. In response to a suggestion to build a combined city haIUMSB on the bottom floor with residential/commercial above, Ms. Clayton said there is no height limitation in the downtown core with that proposed site (Mertley Avenue West). The site across from the MSB (Mrytle Avenue East) has a height limitation of 75 feet. She said both sites are located in an Opportunity Zone, which has a time constraint, December 21, 2021, to attract investors. The City Manager said tonight's conversation is the first step; it is obvious this council needs more discussion on the matter to determine the next steps. A new city hall has been on the Penny for Pinellas project list during Penny 2 and then removed from the list, recently it was put back on the list because staff believed Council wanted to do something. There was council consensus to schedule a special work session to discuss the topic in detail. One individual suggested renovating the existing city hall building. 9.2 Police Body Cameras At the June 4, 2020 council meeting, Council directed the Police Department to facilitate a discussion on the feasibility of a police body worn camera program. In 2015, the Clearwater Police Department conducted a feasibility study on a police body worn camera program. At that time, the study identified some obstacles, barriers and concerns with implementing a police body worn camera. In the past five years, many of the obstacles and barriers have been addressed and no longer are an issue. At the request of Council, the police department will provide an update on the feasibility of a police body worn Page 29 City of Clearwater City Council Meeting Minutes July 16, 2020 camera program for discussion. APPROPRIATION CODE AND AMOUNT: Total Year One (estimated) Costs: $747,031 Recurring Annual (estimated) Cost: $569,855 Cost Center TBD Police Chief Daniel Slaughter provided a PowerPoint presentation. In response to questions, Chief Slaughter said the law does not require officers to say an individual is being recorded. The camera has a pre-event buffer, approximately 2 minutes prior to the camera being activated. The technology and auto-activation is important when high stress situations occur. He said this does not mean the camera will not get activated manually under other circumstances; the circumstances would be driven by policy. The technology could also be integrated into the Department's CAD system, which would allow for the identification of patterns if an officer reported to a location but did not turn on the camera. One individual spoke in support and suggested the matter be placed on a referendum. Four individuals spoke in support. Discussion ensued with support expressed to implement the use of body cameras given today's social climate. A concern was expressed with the cost associated to purchase and maintain the cameras, given there is no need for them as the Department has a good relationship with the community and there have not been many use of force complaints. In response to questions, the Chief said the Department has monitoring the products since 2015 and staff believes the Axon product is the best option for the Department. CPD has a digital evidence management system, which is provided by Axon and integrates seamlessly with the taser and camera devices. The Axon device is available for purchase. The prices presented tonight expires the second or third week of August and staff Page 30 City of Clearwater City Council Meeting Minutes July 16, 2020 is ready to present an agenda item for the first meeting in August. He said implementing a policy will not be as time consuming as it will be to outfit/up-fit and train staff. Staff is concerned with prices increases given the current demand for the devices. The City Manager said if Council believes it is in the community's best interest to have the cameras, that is what matters most to staff. There was council consensus for staff to present information on how the budget can be adjusted to purchase the devices. Action deferred to August 6, 2020. 9.3 Police Civilian Oversight At the council meeting held June 4, 2020, Council directed the Police Department to facilitate a discussion on police civilian oversight. The Police Department will present an overview of the department's current complaint process, an overview on use of force data, and various forms of civilian oversight. The Council recessed from 9:58 p.m. to 10:04 p.m. Clearwater Police Chief Daniel Slaughter provided a PowerPoint presentation. He said the Department has a culture of trust with the community that can always be improved. If a Civilian Oversight Committee is not pursued, the Department will continue to the engage the community. In response to questions, Chief Slaughter said there is no time limit when a person can register a complaint, once the Police Chief is made aware of the complaint, the matter must be resolved within six months. The complaint data is used to feed the employee intervention program, identifying employees with patterns of training deficiencies. Complaints Page 31 City of Clearwater City Council Meeting Minutes July 16, 2020 are private while Internal Affairs investigates the matter, these cases are public record after the investigation has been completed. Internal Affairs investigate 10 to 15 cases annually and handle cases where suspension, demotion or termination are a possibility. The City Manager said he keeps the Council informed of discipline matters involving city officers and employees. Chief Slaughter said the Department's website posts information regarding use of force cases and sustained discipline cases. He said would prefer a less formal process that would allow him to engage members of the community who want to be involved and be free to go where the community wants to go. One individual spoke in support. One individual submitted an eComment in support that was read into the record by the City Clerk (see page 44). Discussion ensued with comments made that the Chief is able to meet with community leaders, that not many complaints have been expressed by the community, and the Department has had few use of force cases. Support was expressed for the Chief to pursue a task force as an alternative to a civilian oversight board. Councilmember Hamilton moved not move forward with a Police Civilian Oversight Board at this time. The motion was duly seconded and that this Action Item be declined. The motion was duly seconded and carried unanimously. 9.4 Appoint two members to the Parks and Recreation Board, one member with term to expire July 31, 2024 and another member to fill the remainder of an unexpired term until May 31, 2022. Page 32 City of Clearwater City Council Meeting Minutes July 16, 2020 APPOINTMENT WORKSHEET BOARD: Parks and Recreation Board TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Not Required RESIDENCY REQUIREMENT: City of Clearwater SPECIAL QUALIFICATIONS: None MEMBERS: 7 Chairperson: Mark Rodriguez MEETING DATES: Quarterly (4th Tues.) - Jan., April, July, Oct. PLACE: Main Library- 6:30 p.m. APPTS. NEEDED: 2 THE FOLLOWING ADVISORY BOARD MEMBER(S) TERM EXPIRED/RESIGNED AND NOW REQUIRE REPLACEMENT BY NEW APPOINTEES: 1. Norene M. Marlow - 1315 Ranchwood Dr., 33764 - B.S.Finance Original Appointment: 02/02/12 2nd term expired 01/31/20) 2. Michelle Thomann-Ramirez - 10 S. Keystone Dr., 33755 -Art Educator/Artist Original Appointment: 04/06/17 Resigned 10/07/19 - (was serving 1st term to expire 05/31/22) THE NAMES BELOW ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCIES: 1. Bryan Beckman - 127 Marina Del Rey Ct., 33767 - Global Info.Systems 2. John Devoti - 151 Marina Del Rey Ct., 33767 - Retired 3. David Farrar - 224 Skiff Pt., 33767 - Real Estate Investor 4. Bruce Rector - 800 S. Gulfview Blvd., Apt. 901, 33767 - Attorney Page 33 City of Clearwater City Council Meeting Minutes July 16, 2020 5. Scott Thomas - 1102 South Missouri Ave., Apt. 203, 33756 - Sr.H.R.Director Zip codes of current members on board: 1 at 33755 1 at 33761 2 at 33765 1 at 33767 The City Attorney said Mr. Beckman is not eligible to be appointed because he is a relative of Councilmember Beckman. It would be an ethical conflict for Councilmember Beckman. She said information regarding the conflict was emailed earlier. It was stated that more diversity and representation of residents living in a variety of neighborhoods is needed. It was suggested that the application period be extended to the next meeting. Councilmember Hamilton moved to appoint Bruce Rector, with a term to expire July 31, 2024, and Scott Thomas, to the remainder of an unexpired term through May 31, 2022, to the Parks and Recreation Board. The motion was duly seconded and carried with the following vote: Ayes: 4 - Mayor Hibbard, Councilmember Hamilton, Vice Mayor Allbritton and Councilmember Bunker Nays: 1 - Councilmember Beckman 9.5 Rosemere and Maple Drainage Project Engineering Director Tara Kivett said the unimproved lawn of 1530 Maple, the resident that Ms. Rebecca Kaye mentioned, has a low point in the backyard that is holding water. In the past, the drainage was being collected by 1537 Rosemere, which received a cleaning and grading permit in Spring 2019 from the City that filled in the low spot. She said the resident at 1530 Maple started complaining about drainage issues last Fall. Engineering investigated the issue and developed a plan to extend the City's drainage system on Rosemere that would give the two property Page 34 City of Clearwater City Council Meeting Minutes July 16, 2020 owners at 1540 and 1530 Maple minor site grading that would send their drainage to the street into the city system. She said the resident at 1530 Maple was uncomfortable at the time and was hoping staff would determine that the house on 1537 Rosemere could not be built. Ms. Kivett said she told the property owner that was not within the city's authority, the property owner is now open to the City's proposed drainage system. In response to questions, Ms. Kivett said the City will pay for the drainage out in the right-of-way, the proposed drainage will cost approximately 39,000. The property owners will be responsible to properly grade the site to send the drainage, via swale or yard drain, to the city stormwater. In 2008, the City had a huge project that improved the storm and gravity sewer system. 10. City Attorney Reports 10.1 Confirm COVID-19 Emergency Proclamation and adopt Resolution 20-32. Councilmember Hamilton moved to confirm COVID-19 Emergency Proclamation. The motion was duly seconded and carried unanimously. Resolution 20-32 was presented and read by title only. Councilmember Hamilton moved to adopt Resolution 20-32. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Councilmember Hamilton, Vice Mayor Allbritton, Councilmember Bunker and Councilmember Beckman 10.2Call for a special election to be held in conjunction with the presidential election on November 3, 2020, submitting to the electors a referendum question authorizing the lease of real property currently identified as recreation/open space on the Comprehensive Land Use map for the purpose of developing it for light industrial, research, technology and Page 35 City of Clearwater City Council Meeting Minutes July 16, 2020 office use, authorize the appropriate officials to execute same and adopt Resolution 20-31. Clearwater Code of Ordinances Section 2.01(d)5(v) states in relevant part, "No municipally owned real property identified as recreation/open space on the city's comprehensive land use plan map on November 16, 1989 (or as may be amended thereafter), may be sold, donated, leased for a new use, or otherwise transferred without prior approval at referendum,..." The City is the owner of a 78.52 acre (MOL) real property identified as recreation/open space on the City's comprehensive land use plan, known as The Landings Golf Course and located on the east side of Keene Road, north of Airport Drive (City Property), whose property address is 1875 Airport Drive, Clearwater, Florida 33765. The City Council has determined that it is in the best interest of the citizens of Clearwater to lease a 57.92-acre portion of said City Property(Lease Property) for the purpose of development as a 710,000sq. ft. light industrial, research, technology, office and accessory park. On June 18, 2020, at its regularly scheduled City Council meeting, Council held a noticed public hearing for the purpose of declaring a 66-acre portion of the 78.5-acre Landings Golf Course surplus for the purpose of development of the site as light industrial. At that hearing, Council determined that an additional 8.31 acres would be retained as a parkland buffer area by the city and reduced the property to be declared surplus to 57.92 acres MOL. At the City Council meeting of June 18, 2020, the City Council approved a Lease Proposal for the Lease Property, submitted by Harrod Properties, Inc., conditioned on voter approval of the proposed use, subsequent Land Use Plan amendment, and rezoning of the Lease Property. Councilmember Beckman moved to amend the referendum question as follows: "Shall the City Council be authorized to lease approximately 58 acres of municipal real property that is recreation/open space on the land use plan map and is a (part) majority of The Landings Golf Course, located on the east side of Keene Road, on the north side of Airport Drive, whose post office address is 1875 Airport Drive, Clearwater, Florida, for the purpose of development as a light industrial, research, Page 36 City of Clearwater City Council Meeting Minutes July 16, 2020 technology and office park?" The motion was duly seconded. In response to questions, the City Attorney said the total acreage is 78.52, the area to be leased is over 50%. Upon the vote being, the motion carried with the following vote: Ayes: 4 - Councilmember Hamilton, Vice Mayor Allbritton, Councilmember Bunker and Councilmember Beckman Nays:1 - Mayor Hibbard Developer representative Ed Armstrong said they appreciate the Council's support to allow the referendum question to move forward. In response to questions, the City Manager said the City typically sends out a mailer stating what a yes/no vote mean. The City Clerk said the City cannot take a position on the matter, mailer described by the City Manager will also be available on the city's website. The City Attorney said the information provided tends to simple (what it means when you vote yes and what it means when you vote no). She said the information presented to Council is factual and objective information, staff can provide a fact sheet that outlines the information. The fact sheet would include information that the developer has agreed to in the term sheet. One comment supporting Item 10.2 was received electronically and read into the record by the City Clerk (see page45). Two eComments opposing Item 10.2 were received and read into the record by the City Clerk (see page 42). Two individuals spoke in opposition. In response to a comment, Marine and Aviation Director Ed Chesney said the site is not considered a protected recharge source. The Landings site is an old dump area. Page 37 City of Clearwater City Council Meeting Minutes July 16, 2020 Resolution 20-31 was presented and read by title only. Councilmember Hamilton moved to adopt Resolution 20-31, as amended. The motion was duly seconded and upon roll call, carried with the following vote: Ayes: 5 - Mayor Hibbard, Councilmember Hamilton, Vice Mayor Allbritton, Councilmember Bunker and Councilmember Beckman 11. Other Council Action 11.1 Call-ins for Public Comment - Councilmember Beckman At the June 1, 2020 work session, staff was directed to research what other municipalities did prior to COVID-19 and infrastructure needed to allow citizens to call-in during council meetings post COVID-19. Staff will provide an update on their findings. Councilmember Beckman said a goal of hers is to engage residents more in the public meeting process and suggested allowing citizen call-ins for all meetings. The City Clerk said she posed the question to city clerks around the state asking how they handle public input for meetings prior to COVID, of the 20 responding municipalities, only 1 allowed public call-ins prior to the start of a meeting. She said Clearwater has a dedicated email address for individuals to utilize as well as Granicus, the City's agenda management software, which allows for comment to be posted on each agenda item. The public is being engaged in a manner they typically have not previously experienced. Information Technology Manager Sabrina Chute said each seat at the dais would need to be outfitted with web cams and ear buds, the equipment cost for the upgrades is between $3,000 and $8,000. She said there are sound and broadcast quality issues as well as increased staffing that would be needed to handle the additional service. The City Clerk said if citizens called in and left voice messages prior to the start of the meeting on an agenda item, it would be a staff intensive process to cue each message to the agenda item. Page 38 City of Clearwater City Council Meeting Minutes July 16, 2020 One individual spoke in support. Discussion ensued with comment made that these types of public input options have never been available prior to COVID and citizens have plenty of opportunity to express their opinions. It was said that some individuals do not have the opportunity or time to come to a council meeting but still want to engage in the process. 11.2PSTA Update - Vice Mayor Allbritton Discussion deferred to August 3, 2020. 11.3Mooring mishaps in Mandalay Channel, Clearwater -Vice Mayor Allbritton Vice Mayor Allbritton said due to the late hour, he will provide an update on August 3, 2020. 12. Closing comments by Councilmembers (limited to 3 minutes) Councilmember Beckman acknowledged the emails she received regarding making mask wearing optional. She said she has been and will continue to be fully supportive of CDC guidelines to keep safe. She reminded all to register to vote and to take the Census. She encouraged residents to educate themselves on the upcoming referendum regarding The Landings. She said the Clearwater Neighborhoods Coalition will hold a public forum on the referendum on August 3, 2020. She hoped everyone would find the time to learn about green print, the environment, affordable housing needs and economy in Clearwater, and the quality of life in Clearwater neighborhoods. Councilmember Bunker said he took a trip to the Pinellas County Humane Society and brought home 2 kittens. He thanked the staff and volunteers that work there. Page 39 City of Clearwater City Council Meeting Minutes July 16, 2020 13. Closing Comments by Mayor Mayor Hibbard reviewed recent and upcoming events. 14. Adjourn The meeting adjourned at 12:08 a.m. Mayor Attest City of Clearwater City Clerk Page 40 City of Clearwater area and the Airpark. The Airpark is already such a nuisance with the expanding hours late at night; along with CHOPPERS...CHOP CHOP CHOP all Saturday, and less and less the pilots fallow the 'noise abatement flight path', while Barbara is more lax each year, as I've been involved.for over 17 years with neighborhood woes, due to the Airpark. How will this industrial park.be an asset next door, with three exits onto Keene Road? Further I have looked up all of the available light industrial property now vacant in our county. Plenty next door in Largo. Why is this not being utilized? Council needs to stop this as the mayor has already been so disappointing as he states: Yes it's.green.space, but there is plenty and we can just relocate green space elsewhere". Where may I ask.? Perhaps over to your neighborhood? The Landings is a very fitting green sport for an area that.is full of neighborhoods, not much else. Just the annoying Airpark the F.B.I. had to go in and raid, o you believe this is the only shenanigans going on there all of these years?. Could you please.make this Landings project for developers the first time that you say no?WE THE PEOPLE DO. NOT WANT THIS. Now, Imagine that. Lauren Hallahan Karl Schraegle Location: Submitted.At: 12;52pm 07-1&2.0 Regarding the proposed leasing of the Landings property. At a recent city council work session, it was mentioned that the golf course is not being used. My family was visiting recently and my 10 year old grandson is a.golfer. I felt the landings.was the perfect place, because it is a short course, middle of the summer, no snowbirds, and the middle of the week. We could not get a.morning or late in the day tee time..The best available was 2:30 PM. l be to.differ that this golf course is not:being used..Than you. L4 ;] Call, Rosemarie From: Elizabeth Drayer <edrayer@tampabay.rr.com> Sent: Wednesday,July 15,2020 4:34.PM To: Call, Rosemarie Subject: Comment for city.counci I meeting tomorrow 7/16 CAUTIOIV:';Thls:email ori Enated'from outsi 6 of=tprg.....:.::..: he:C ty:af'Clearwa#er:po nat;clEek:linlis;oc.;o 'en;:attacltments'.unless.: ou recognize':t..e':serider:and;kelow::the;content is'safe:;:<:::;.:.:.::...:::....::;:..:::.:..:::: Dear Ms.Cali: At tomorrow's meeting;please read my comments.below re Item 9.3 Police Civilian Oversight Dear Mayor and Council: Congratulations to the Clearwater police for avoiding the problems plaguing other departments that ha.v.eresulted in nationwide.calls for changes to the justice system, including establishment of a civilian review board here.As the city suggests in its presentation,such boards have not always.been;successful in curbing police abuses.elsewhere.Therefore if we:do create.one, we should give it the teeth it needs to be effective. Please consider a review board with the following characteristics: a majority of members appointed by community organizations,.rather than by city officials power to choose the complaints it investigates; notjust those investigated by police power to discipline.officers(rather than leave that choice up to the chief) power to review police policies as well as individual complaints a funding source not.controIled by elected officials Thank you for considering my input, based on my background.in the law and lifelong study:of crirriinal justice issues. Sincerely, Liz prayer, Esq. 3175 Hyde Park Drive Clearwater, FL 33761 Virus-free. www.avast.com uu L Call, Rosemarie From: Doug Kelly <dougkelly777@gmail.Coma Sent: Wednesday,July 1.5,2:62.02;06 PM To: ClearwaterCouncil Cc: Calt.Rosernarie Subject:Public.comment staterne.nt for the July 16, 2020 City.Council Meeting t.ALITIQ 1l:T.Fs:email:originated:fram.outs de.gfthe:Ci. :nf;;Clearwaterpa.nflt:click:links`ar;a en:attachrrierits•unless:'au': rec gniie tf e.sender and'knawthe.cantent-is.safe.::.:.:..:..:::...:....:.:::::...:...:.:...:: July 15, 2920.1 ClearwaterCounciI MyClearwater.com Dear Councilmembers: As one. who's played The Landings par 63.golf course as well as other courses in our region,. I concur that that property is better served in another capacity. Trying to make the Landings.Area into a nature preserve or green space as some have proposed doesn't fit well next to a busy airfield producing constant noises and poor air quality due to fuel emissions. In addition., the golf course contains large lakes and ponds and is nota flood attenuation area as some portray. In fact, the large presence of water increases -- not decreases —the chances of local flooding in the event of a hurricane. According to Art Kader, the Deputy Director of Clearwater's Parks and Recreation Department, our city currently offers to the public seven community paries, 24 neighborhood parks., 29 environmental parks. and 23 open space.park areas. That doesn't count 27 special facilities such.as the McMullen Tennis Complex, Jack Russell Stadium and EC Moore Complex. We also have the Sand Key county park; Over the years the Cityhas continually added. to the number of park.sites even though reportedly only a small percentage of residents visit them. Furthermore, while an apples-to-apples comparison isn't available, of the 10 cities {list below} in Florida other than Clearwater with apo p u I.ati o n between 100K and 120 K, none appears to have more park facilities than Clearwater. The proposed aqua range would provide a unique attraction in Tampa Bay, especially if it's lit at night as with aqua..ranges with which I'm familiar. Another pity park occupying The Landings property isn't the right fit. Instead, a light industrial park better suits that location and would result in good-paying jobs., increased city revenue and an added magnet to the area. l hope the wording of the referendum reflects these advantages a.nd that voters in Clearwater approve it on. November 3rd. Respectfully, Doug Kelly 145'1 Sandy Lane, Clearwater, FL 33.755 727-724-4949 Cities in Florida besides Clearwater with '100-120K residents: Lehigh Acres Palm Bay West Palm Beach Lakeland Pompano Beach Miami Gardens Brandon Davie Spring Hill Boca Raton z C'allll, Rosemarie From: noreply granicusldea .com Sent. Thursday,July 16, 2020 9.1PM To: Call, Rosemarie Subject: New eComment for City Council on 2020-07-116 6:00 PM CALJI]0114This emaiill originated from ouutside o the City of Clearwater. Dia not click links or open attachments unless ITyou recognize the sender and knew the content is safe, I,""'................ New eCornment for City Council on 20201-07-16 6:010 P'M sandra webber submiftted a new eComment. Fleeting: City Council on 2020-07-16 6M P Vtem: 10.2 20-31 Call for a special election to be held in conjunction with the presidential election on. November 3, 2020, submitting to the electors a referendum question authorizing the lease of reel property currently identified as recreation/open space on the Comprehensive Land Use map for the purpose of dleveloping it for light industrial„ research, technology and office use, authorize t[we appropJate officials to exe,cw,,jte same and adlopt I enol lt:on 20-31. eComment: Not once, not twice, but THREE times as l l wave finally worked my way through the incrediUe amount of str,..i) to get here, A POWER SURGE SHLJ r 011-f- tm',( CCMPII_lTI:R AND MY Aw,a li): flONERP WHAT THE UVT,h G...YOU KNOW WHAT! Okay, I was wanting to comment to the Chlef about body cams, but I guess I"m too late....somehow I chucked on this...and well...seems like an incredibly sneaky way to make a land grab.....by the scientologists with the city's support, Okay, your turn. V€ew:..aind Aw t.l.L/u r-Qornrv"uents i,m ..r.`..t INDIVIDUAL SPEAKER Citizen Comment Card Name: Address: City 1 Zip: Telephone Number: Email Address: Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak: What is your position on the item? For Against Name: / . A&2--eAq Address: OK- glY City:C: //-1- Zip: ` C7 Telephone Number: Email Address: Speaking under citizen o be heard re items not on the agenda? Agenda item(s)you wish to speak: g to whichP What is your position on the item? For Against INDIVIDUAL SPEAKER Citizen Comment Card Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8082 Agenda Date: 8/6/2020 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Economic Development & Housing Agenda Number: 7.1 SUBJECT/RECOMMENDATION: Approve the Coronavirus Relief Fund (CRF) Subrecipient Agreement between the Florida Housing Finance Corporation and the City of Clearwater and authorize the appropriate officials to execute same. (consent) SUMMARY: The State of Florida has been awarded funds pursuant to, section 601(d) of the Social Security Act, as amended by section 5001 of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). A portion of these funds will be distributed by the Florida Housing Finance Corporation to local governments to assist individuals and families who have been financially impacted by the COVID-19 pandemic. The agreement allows $375,576 in CRF funds to be used for the following program purposes or activities: i.Rental assistance payments (including back rent, deposits and utility payments); ii.Mortgage payments and buydowns; iii.Emergency repair of housing; iv.Assistance to homeowners to pay insurance deductibles; v.Housing re-entry assistance, such as security deposits, utility deposits, and temporary storage of household furnishings; vi.Foreclosure or eviction prevention, including monthly rent and associated fees; and vii.Homeownership counseling. viii.10% of funds expended may be used for administration. Staff posted a Notice of Funding Availability (NOFA) in the Tampa Bay Times on August 2, 2020. Following approval of this item and the required ten-day notice period associated with the NOFA, the Economic Development and Housing Department will begin accepting applications for this funding. The funds will be disbursed in the order applications are received until the funds are depleted and in accordance with the rules and regulations established by the CRF Subrecipient Agreement. The agreement requires that funds not expended by December 31, 2020 must be returned to the Florida Housing Finance Corporation. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 8/6/2020 1 Agreement #106-2020 Coronavirus Relief Fund (CRF) Funding Agreement CORONAVIRUS RELIEF FUND (CRF) SUBRECIPIENT AGREEMENT THIS FUNDING AGREEMENT ("Agreement") is entered into by and among CITY OF CLEARWATER (“Subrecipient”), a local government that meets the State Housing Initiatives Partnership (“SHIP”) Program eligibility requirements, and FLORIDA HOUSING FINANCE CORPORATION (“Florida Housing”), a public body corporate and politic duly created and existing under the laws of the State of Florida. Upon execution by both parties, this Contract shall become effective as of the date the last party signs (“Effective Date”). WITNESSETH: WHEREAS, the Coronavirus (COVID-19) emergency has caused disruption in Florida’s economy leading to high rates of unemployment and business closures; WHEREAS, Many Floridians are in need of assistance with rental payments, mortgage payments and home repairs; WHEREAS, the State of Florida has been awarded funds pursuant to, section 601(d) of the Social Security Act, as amended by section 5001 of the Coronavirus Aid, Relief, and Economic Security (CARES) Act, Pub. L. No. 116-136, div. A, Title V (Mar. 27, 2020); WHEREAS, a portion of the CARES Act Funds (designated the “Coronavirus Relief Funds or CRF funds”) will be distributed by Florida Housing to and administered by Eligible Local Governments (as defined herein) and expended only for purposes authorized by this Agreement; WHEREAS, the Subrecipient and Florida Housing wish to enter into this Agreement which will govern the disbursement and expenditure of CRF funds; NOW, THEREFORE, in consideration of the foregoing, the parties hereto agree as follows: A. Recitals: The recitals stated above are true and correct, are incorporated herein, and form an integral part of this Agreement. B. Definitions: 1. “Administrative Expenditures” means funds, not to exceed 10% of the allocation, expended by Subrecipient to carry out the activities of CRF. This expense may include salaries and benefits of staff, office supplies and equipment, required travel, advertising, recording costs. 2. “Annual income” means annual income as defined under the Section 8 housing assistance payments programs in 24 C.F.R. part 5; annual income as reported under the census long form for the recent available decennial census; or adjusted gross income as defined for purposes of reporting under Internal Revenue Service Form 1040 for individual federal annual income tax purposes.. 3. “Eligible Housing” means any real and personal property located within the county or eligible municipality which is designed and intended for the primary purpose of providing decent, 2 Agreement #106-2020 Coronavirus Relief Fund (CRF) Funding Agreement safe, and sanitary residential units that are designed to meet the standards of the Florida Building Code or previous building codes adopted under Chapter 553, Fla. Stat., or manufactured housing constructed after June 1994 and installed in accordance with the installation standards for mobile or manufactured homes contained in rules of the Department of Highway Safety and Motor Vehicles, for home ownership or rental for Eligible Persons as designated by Subrecipient. 4. “Eligible Local Government” means a local government in Florida that meets the SHIP Program eligibility requirements. 5. “Eligible Persons” or “Households” means one or more natural persons or a family determined by Subrecipient to be earning not more than 120% of the area median income according to the income limits adjusted to family size published annually by Florida Housing. 6. “Eligible Sponsor” means a person or a private or public for-profit or not-for-profit entity that applies for an award under CRF for the purpose of providing Eligible Housing for Eligible Persons. 7. “Expended” means the affordable housing activity is complete. 8. “Program Income” means proceeds derived from interest earned on or investment of the funds, proceeds from loan repayments, recycled funds, and all other income derived from use of CRF funds. 9. “Project Delivery Costs” means those costs related to the delivery of housing related services to an eligible applicant that are not included as part of Administrative Expenditures. 10. “Sub-Grantee” means a person or organization contracted by a Subrecipient that is compensated with CRF funds to provide administration of any portion of the CRF. C. Allocation and Use of Funds: 1. Amount of Funds Available to Subrecipient: The total funds made available to Subrecipient under this Agreement is: $375,576. 2. Disbursement of Funds to Eligible Subrecipients: The available funds will be disbursed to Subrecipient for activities described in Item C.4., below. Funds will be disbursed in up to two payments, the amount of each to be determined by Florida Housing. The first payment for the full amount In Item C.1. above will occur upon execution of this Agreement. Subject to the terms of this paragraph, a second payment may be disbursed no later than October 1, 2020. If Florida Housing determines that the Subrecipient has failed to make satisfactory progress in meeting the requirements of this Agreement or has otherwise failed to satisfactorily perform under the terms of this Agreement, the funds representing the second payment may be withheld by Florida Housing pending resolution of the issues giving rise to the lack of progress or failure to perform satisfactory to Florida Housing which may include a written plan to address the issues prepared by the Subrecipient and submitted to Florida Housing for approval. 3 Agreement #106-2020 Coronavirus Relief Fund (CRF) Funding Agreement 3. Establishment of CRF Trust Fund: Subrecipient must establish and maintain a CRF trust fund or a pooled account where CRF funds are clearly designated. 4. Expenditure of Funds by Subrecipient: CRF funds shall be Expended by Subrecipient for the following: a. Direct CRF Administrative Expenditures and Project Delivery Costs incurred on or after March 1, 2020 in an amount no more than a cumulative 10 percent of CRF funds incurred by Subrecipient, a consultant to Subrecipient, and/or a Sub-Grantee. CRF funds shall not be used to pay for Administrative Expenditures and Project Delivery Costs incurred prior to March 1, 2020. b. Housing counseling services, direct rental assistance, relocation costs and awards to assist Eligible Housing for Eligible Persons or Households or Eligible Sponsors. c. CRF funds may be used for the following pre-approved program purposes or activities: i. Rental assistance payments (including back rent, deposits and utility payments); ii. Mortgage payments and buydowns; iii. Emergency repair of housing; iv. Assistance to homeowners to pay insurance deductibles; v. Housing re-entry assistance, such as security deposits, utility deposits, and temporary storage of household furnishings; vi. Foreclosure or eviction prevention, including monthly rent and associated fees; and vii. Homeownership counseling. All other activities must be presented in writing to Florida Housing and approved in writing prior to implementation. 5. Term: The period of performance for this grant is March 1, 2020 – December 30, 2020. In executing this Agreement, Subrecipient is certifying that all CRF funds will be Expended by December 30, 2020. The term of this agreement will be from the Effective Date through March 31, 2021. 6. Advertisement of Availability of Funds: U CRF funding availability shall be advertised by Subrecipient in both a newspaper of general circulation and, where available, periodicals serving racially, ethnically and income diverse neighborhoods, at least 10 days before the beginning of the application period. This 10-day period does not prevent assistance to applicants that have already applied and been determined eligible prior to the application period. At a minimum, the advertisement shall contain: a. The amount of funds projected to be received from the state for the fiscal year(s). b. The beginning and ending date of the application period; c. The name of the contact person and other pertinent information where applicants may apply for assistance (phone number, address, email, and hours of operation); 7. Repayments: a. The Subrecipient shall only expend funding under this Agreement for allowable costs resulting from obligations incurred during the eligible period of performance. The Subrecipient shall ensure that its contractors, subcontractors, and consultants only 4 Agreement #106-2020 Coronavirus Relief Fund (CRF) Funding Agreement expend funding under this Agreement for allowable costs resulting from obligations incurred during the period of performance. b. The Subrecipient shall refund to Florida Housing any unobligated funds which have been advanced or paid to the Subrecipient upon termination of this Agreement. c. Any unexpended funds under this Agreement, including unexpended program income earned, must be returned to Florida Housing upon termination of this Agreement. d. Upon termination of this Agreement, or upon any determination made indicating such, the Subrecipient shall refund to Florida Housing any funds paid in excess of the amount to which the Subrecipient or its contractors, subcontractors, or consultants are entitled under the terms and conditions of this Agreement. e. The Subrecipient shall refund to Florida Housing any funds not spent in accordance with the conditions of this Agreement or applicable law. Such reimbursement shall be sent to Florida Housing within 30 calendar days from Subrecipient's receipt of notification of such non-compliance. f. The Subrecipient’s obligations under this section will survive the termination of the Agreement. 8. Performance under this Agreement is subject to 2 C.F.R Part 200, entitled “Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards.” 9. Single Audit Act: Funds payments are considered to be federal financial assistance subject to the Single Audit Act (31 U.S.C. §§ 7501-7507) and the related provisions of the Uniform Guidance. The Subrecipient shall conduct a single or program-specific audit in accordance with the provisions of 2 C.F.R. Part 200 and the related provisions of the Uniform Guidance, if it expends more than $750,000 or more in Federal awards from all sources during its fiscal year. The Catalog of Federal Domestic Assistance (CFDA) number for these funds is 21.019. D. Application for CRF Eligible Person or Household Assistance: Subrecipient shall establish criteria for CRF assistance and develop an application for CRF eligibility. a. The application for assistance should contain all the necessary information to determine whether an applicant household is potentially eligible for CRF assistance. In accordance with the provisions of Sections 760.20-760.37, Fla. Stat., it is unlawful to discriminate on the basis of race, religion, color, sex, familial status, national origin, or handicap in the award application process for Eligible Housing. b. At a minimum, an application for program assistance should contain the following items for each household members: i. The number of people residing in the household including name, age, relationship to head of household, current address and home phone number; ii. Name and address of employer(s), work phone number(s), position title and number of years on job with employer; iii. Sources of annual income, including earned, unearned and asset income, and a statement signed by all of the adults who reside in the household consenting to the disclosure of information for the purpose of verifying income and assets for determining income eligibility for program assistance. iv. A signed statement indicating that the applicant understands that all information provided is subject to Florida’s public records laws. 5 Agreement #106-2020 Coronavirus Relief Fund (CRF) Funding Agreement v. A statement that it is a first-degree misdemeanor to falsify information for the purpose of obtaining assistance. E. Allowable Rental Assistance (Subsidies): Assistance may be provided as direct rental assistance to Eligible Persons in any of the following manners: 1. Security and utility deposit assistance to secure temporary or permanent rental housing; or 2. Eviction prevention not to exceed 10 months’ rent; or 3. A rent subsidy program for income eligible households that are displaced from rental units that are uninhabitable; or F. Allowable Mortgage Payments: Mortgage payment assistance may be awarded to eligible applicants. This may include principle and interest, insurance, and homeowner association fees. Real Estate taxes paid to a government entity are not eligible. G. Income Categories: All households assisted must be at or below 120% of the area median income. H. CRF Eligible Person Award Terms: CRF funds awarded directly to Eligible Persons must be in the form of a grant, deferred loan or hard pay loan. I. Reporting Requirements: The Subrecipient must provide Florida Housing with monthly reports beginning on October 1, 2020 and a closeout report by February 15, 2021. These funds must include the current status and progress of the expenditure of funds under this Agreement, in addition to any other information requested by Florida Housing. All funds must be accounted for on the CRF Data Upload Form as provided by Florida Housing. Quarterly reports are due to Florida Housing no later than 15 days after the end of each quarter. The first quarterly report due pursuant to this agreement is due for the quarter ending September 30, 2020. J. Program Compliance 1. File Management and Record Retention relating to CRF Eligible Persons or Sponsors: Subrecipient must maintain a separate file for every applicant, Eligible Person, Sub-Grantee or Sponsor, regardless of whether the request was approved or denied. a. Contents of File: Each file must contain sufficient and legible documentation. Documents must be secured within the file and must be organized systematically. b. Record and File Retention: Local governments are required to retain records and other relevant documentation for each applicant, Eligible Person, Sub-Grantee or Sponsor for five fiscal years after funds have been expended or five years after the expiration of a use restriction agreement. and accounted for and/or satisfaction of loans, whichever is later, provided applicable audits have been released. i. The minimum requirements for documentation of award depend upon the type of assistance awarded and the funding sources. Every file should contain a section of notes and a file checklist, which tracks the efforts and progress of obtaining necessary documents. The checklist is a useful tool for all persons who must have access to the file. However, this checklist may be modified to accommodate a local government’s need for additional documentation. 6 Agreement #106-2020 Coronavirus Relief Fund (CRF) Funding Agreement ii. Eligible Sponsors(developers) who are awarded funds have the responsibility for maintaining clear and accurate files on project recipients and activities. Subrecipient must monitor the Eligible Sponsors files on a regular basis to ensure that all information is collected that will be needed for reporting. Subrecipient’s housing administrator must also review the file documentation to ensure that assistance is awarded to Eligible Persons and that all project activities conform to program requirements. iii. In cases where a Sub-Grantee is used to administer CRF, Subrecipient is ultimately responsible for program compliance. iv. All other records that document the award or expenditure of CRF funds must be retained for five fiscal years after the funds have been expended or five years after the expiration of a use restriction agreement and accounted for and/or satisfaction of loans, whichever is later, provided applicable audits have been released. This means that for cases that were assisted Subrecipient must retain all records no less than five years after the loan has been satisfied, provided audits have been released, whichever is later. Housing records of this type include, but are not limited to: 1) applications; 2) program and set-aside records; 3) housing agreements; 4) income verifications and 5) other records as required by Florida Housing or federal, state and local law or regulations. v. Records must be retained in electronic form. The standards used must comply with the Florida Administrative Code. Local record retention requirements may be stricter than the State. c. Access to Files: Florida Housing or any duly authorized representative shall be permitted to inspect any files relating to CRF Eligible Person or Sponsors including but not limited to advertisements, applications, income verifications and certifications, plan participation contracts, financial records, tracking system records, construction cost verification including receipts and contracts, rental development annual reviews, Eligible Sponsor reviews, Eligible Sponsor award lists, CRF fund recipient lists, and any other applicable documents at any reasonable time with or without notice. Such records shall be maintained within the participating county or eligible municipality at a place accessible to the Corporation staff or its designated monitoring agent. 2. Files Management and Record Retention relating to Subrecipient and Administration of this Agreement: a. The Subrecipient shall maintain books, records, and documents in accordance with generally accepted accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided by Florida Housing under this Agreement. b. Contents of the Files: Subrecipient must maintain files containing documentation to verify all compensation to Subrecipient in connection with this Agreement, as well as reports, records, documents, papers, letters, computer files, or other material received, generated, maintained or filed by Subrecipient in connection with this Agreement. Subrecipient must also keep files, records, computer files, and reports that reflect any compensation it receives or will receive in connection with this Agreement. 7 Agreement #106-2020 Coronavirus Relief Fund (CRF) Funding Agreement c. Record and File Retention: Subrecipient must maintain these files for five years after the end of the applicable fiscal year, except that, if any litigation, claim or audit is commenced with respect to the transactions documented by such files before the end of the aforementioned five-year period and extends beyond the expiration of the five-year period, these files must be retained until all litigation, claims, or audit findings involving the files have been resolved. d. Access to the Files: As a condition of receiving state or federal financial assistance, and as required by sections 20.055(6) and 215.97(5), Fla. Stat., Florida Housing, the Chief Inspector General of the State of Florida, the Florida Auditor General, or any of their authorized representatives shall enjoy the right to access any documents, financial statements, papers, or other records of the Subrecipient that are pertinent to this Agreement, in order to make audits, examinations, excerpts, and transcripts. Upon reasonable notice, Subrecipient and its employees shall allow Florida Housing or its agent(s) access to its files and personnel for interview purposes during normal business hours, 9:00 a.m. to 5:00 p.m., Monday through Friday, provided such day is not a holiday. e. Return of the Files: In the event this Agreement is terminated, all finished or unfinished documents, data, studies, computer files, correspondence, and other products prepared by or for Subrecipient under this Agreement must be submitted to Florida Housing within 15 days of such termination at the expense of Subrecipient. 3. Compliance Monitoring: Subrecipient must be subject to compliance monitoring during the period of performance in which funds are Expended and up to three years following the closeout of all funds. In order to assure that the program can be adequately monitored, the following is required of Subrecipient: a. Subrecipient must maintain a financial tracking system provided by Florida Housing that ensures that CRF funds are Expended in accordance with the set-aside requirements, deadlines, and other requirements in this agreement. b. Subrecipient must maintain records on all awards to Eligible Persons or Sponsors. These records must include, but are not limited to: i. Proof of income compliance; ii. Proof of homeownership; iii. Proof of use of FEMA proceeds; iv. Documentation of all required inspections including mold remediation and wood destroying organisms; v. Documentation of any required remediation; vi. Certificate of Occupancy; vii. Placed in Service documentation; viii. Proof of contract or eligibility; ix. Documentation of payments made on the award; and x. Documentation of the value/sales price of the unit, as applicable. 4. Cooperation with Inspector General: Subrecipient understands its duty, pursuant to Section 20.055(5), Fla. Stat., to cooperate with Florida Housing’s Inspector General in any investigation, audit, inspection, review, or hearing. Subrecipient will comply with this duty and ensure that any contracts issued under this Agreement impose this requirement, in writing, on its subcontractors. 8 Agreement #106-2020 Coronavirus Relief Fund (CRF) Funding Agreement 5. Technical Assistance: Training and technical assistance is available to Subrecipient to assist in the development and implementation of the CRF. This technical assistance shall be provided by Florida Housing staff and Florida Housing’s Catalyst contractor. 6. Program Income: Program Income realized by Subrecipient prior to the final closeout of CRF must be deposited and used for eligible CRF activities. After final closeout of CRF, funds realized as Program Income must be returned to Florida Housing. 7. Recaptured Funds: Recaptured Funds realized by Subrecipient prior to the final closeout of CRF must be deposited and used for eligible CRF activities. After final closeout of CRF, Recaptured Funds must be returned to Florida Housing. K. Contacts 1. Florida Housing’s contract administrator for this Agreement is: Contract Administrator Florida Housing Finance Corporation 227 North Bronough St., Suite 5000 Tallahassee, Florida 32301-1329 Phone: 850.488.4197 E-mail: Contract.Admin@floridahousing.org 2. The Florida Housing program contact for this Contract is: Robert Dearduff, Assistant Director of Special Programs Florida Housing Finance Corporation 227 North Bronough St., Suite 5000 Tallahassee, Florida 32301-1329 Phone: 850.488.4197 E-mail: Robert.Dearduff@floridahousing.org or the designated successor. 3. The Grantee’s contract administrator for this Contract is: Terry Malcolm-Smith, Housing Coordinator 600 Cleveland Street, Suite 600 Clearwater, Florida 33755 Phone: 727.562.4036 E-mail: terry.malcolm-smith@myclearwater.com or the designated successor. L. 2 CFR Appendix II to Part 200 - Contract Provisions for Non-Federal Entity Contracts Under Federal Awards - In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the non-Federal entity under the Federal award must contain provisions covering the following, as applicable. (A) Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach 9 Agreement #106-2020 Coronavirus Relief Fund (CRF) Funding Agreement contract terms, and provide for such sanctions and penalties as appropriate. (B) All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be effected and the basis for settlement. (C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60- 1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” (D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146- 3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non- Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. (E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. (F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the 10 Agreement #106-2020 Coronavirus Relief Fund (CRF) Funding Agreement substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. (G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended - Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). (H) Debarment and Suspension (Executive Orders 12549 and 12689) - A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. (I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) - Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. (J) See § 200.322 Procurement of recovered materials. [78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75888, Dec. 19, 2014] M. Default and Remedies 1. If any of the events listed in subparagraph 2. of this section occur, all obligations on the part of Florida Housing to continue doing business with Subrecipient or assign any future transaction to Subrecipient shall, if Florida Housing so elects, terminate and Florida Housing may, at its option, exercise any of its remedies set forth herein, or as otherwise provided by law. However, Florida Housing may continue doing business with the Subrecipient as a participant after the happening of any event listed in subparagraph 2. of this section without waiving the right to exercise such remedies, without constituting a course of dealing, and without becoming liable to include the Subrecipient in the transaction or any future transaction. 2. The Events of Default shall include, but not be limited to, the following: a. If any report, information or representation provided by Subrecipient in this Contract is inaccurate, false or misleading in any respect; 11 Agreement #106-2020 Coronavirus Relief Fund (CRF) Funding Agreement b. If any warranty or representation made by Subrecipient in this Contract or any other outstanding agreement with Florida Housing is deemed by Florida Housing to be inaccurate, false or misleading in any respect; c. If Subrecipient fails to keep, observe, or perform any of the terms or covenants contained in this Contract, or is unable or unwilling to meet its obligations as defined in this Contract; d. If, in the sole discretion of Florida Housing, Subrecipient has failed to perform or complete any of the services identified in the attachments; e. If Subrecipient has not complied with all Florida laws, federal laws, Florida Housing rules or Florida Housing policies applicable to the work; f. If Subrecipient has discriminated on the grounds of race, color, religion, sex, national origin, or disability in performing any service identified in the attachments; g. If Subrecipient does not comply with the terms and conditions set forth in Section 420.512(5), Fla. Stat.; h. If Subrecipient commits fraud in the performance of its obligations under this Contract; or i. If Subrecipient refuses to permit public access to any document, paper, letter, computer files, or other material subject to disclosure under Florida’s Public Records Law. Upon the occurrence of any Event of Default listed in subparagraph 2. above, Florida Housing will provide written notice of the Default detailing the grounds that constitute the Event of Default. 3. Upon the occurrence of any Event of Default listed in subparagraph 2. above, Florida Housing may provide Subrecipient a reasonable period of time to cure the Event of Default (Cure Period). If Florida Housing provides a Cure Period, Florida Housing will notify the Subrecipient of the length of the Cure Period in the Notice of Default. 4. If Florida Housing provides a Cure Period and if the Subrecipient is unable or unwilling to cure the Event of Default within the Cure Period, Florida Housing may exercise any remedy permitted by law. The pursuit of any one of the following remedies shall not preclude Florida Housing from pursuing any other remedies contained herein or otherwise provided at law or in equity. The remedies include, but are not limited to the following: a. Florida Housing may terminate the Contract on the 10th day after Subrecipient receives the Notice of Default or upon the conclusion of any applicable Cure Period, whichever is later; b. Florida Housing may commence an appropriate legal or equitable action to enforce performance of the terms and conditions of this Contract; c. Florida Housing may exercise any corrective or remedial actions including, but not limited to, requesting additional information from Subrecipient to determine the reasons for or 12 Agreement #106-2020 Coronavirus Relief Fund (CRF) Funding Agreement the extent of non-compliance or lack of performance, issuing a written warning to advise that more serious measures may be taken if the situation is not corrected, advising the Subrecipient to suspend, discontinue or refrain from incurring fees or costs for any activities in question or requiring the Subrecipient to reimburse Florida Housing for the amount of costs incurred; or d. Florida Housing may exercise any other rights or remedies that may be otherwise available under law. N. Termination 1. Florida Housing may terminate the Agreement, without cause, at any time upon 24-hour written notice delivered by courier service or electronic mail to the Subrecipient, from the date sent from Florida Housing. 2. The Subrecipient may terminate this Agreement, without cause, at any time upon 10 days written notice delivered by courier service or electronic mail to Florida Housing at the physical or electronic address, as applicable, of Florida Housing’s Contract Administrator, Contract.Admin@floridahousing.org. The Subrecipient shall be responsible for all costs arising from the resignation of the Subrecipient. 3. Upon expiration or termination of this Agreement, the Subrecipient shall transfer to Florida Housing any CRF funds on hand at the time of expiration or termination, and any accounts receivable attributable to the use of CRF funds. O. General Provisions 1. Compliance with all Applicable Laws and Regulations: Subrecipient must comply with all applicable federal, state and local laws, rules, regulations, and ordinances in administering CRF under this Agreement. Subrecipient acknowledges that this requirement includes, but is not limited to, compliance with all applicable federal, state, and local health and safety rules and regulations. Subrecipient further agrees to include this provision in all contracts with Eligible Persons, Sub-Grantees, Sponsors or subcontracts issued as a result of this Agreement. Subrecipient’s failure to comply with any part of this provision is material and must be grounds for termination of this Agreement for cause by Florida Housing. 2. Indemnification: Nothing contained in this Agreement shall be construed to be a waiver by either party of any protections under sovereign immunity, Section 768.28 Florida Statutes, or any other similar provision of law. Nothing contained herein must be construed to be a consent by either party to be sued by third parties in any matter arising out of this Agreement or any other contract. 3. Insurance: Subrecipient agrees to carry liability and other appropriate forms of insurance. Florida Housing shall have no liability except as specifically provided in this Agreement. 4. Severability: If a court deems any provision of this Agreement void or unenforceable, that provision shall be enforced only to the extent that it is not in violation of law or is not otherwise unenforceable and all other provisions shall remain in full force and effect. 13 Agreement #106-2020 Coronavirus Relief Fund (CRF) Funding Agreement 5. Entire Agreement: This Agreement, and all exhibits annexed hereto which are incorporated herein by reference, collectively represent the entire agreement of the parties and the same supersedes any and all previous agreements of any kind. Any alterations, variations, changes, modifications, or waivers of provisions of this Agreement shall be valid only if reduced to writing, duly signed by all of the parties hereto, and attached to the original of this Agreement. 6. Lobbying: In accordance with Section 216.347, Fla. Stat., Subrecipient is hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency. Further, in accordance with Section 11.062, Fla. Stat., no state funds, exclusive of salaries, travel expenses, and per diem, appropriated to, or otherwise available for use by, any executive, judicial, or quasi-judicial department shall be used by any state employee or other person for lobbying purposes. 7. Files Subject to Florida's Public Records Law: Any file, report, record, document, paper, letter, or other material received, generated, maintained or sent by Subrecipient in connection with this agreement is subject to the provisions of Section 119.01-.15, Fla. Stat., as may be amended from time to time (Florida's Public Records Law). Subrecipient represents and acknowledges that it has read and understands Florida's Public Records Law and agrees to comply with Florida's Public Records Law. If Subrecipient has questions regarding the application of Chapter 119, Florida Statutes, to Subrecipient’s duty to provide public records relating to this contract, contact the Corporation Clerk at: Corporation Clerk 227 N. Bronough Street, Suite 5000 Tallahassee, Florida 32301-1329 Phone: 850.488.4197 E-mail: Corporation.Clerk@floridahousing.org 8. Personally Identifiable Information (PII); Security: a. If Subrecipient or any of its subcontractors may or will create, receive, store or transmit PII under the terms of this Agreement, Subrecipient must provide for the security of such PII, in a form acceptable to Florida Housing, without limitation, non-disclosure, use of appropriate technology, security practices, computer access security, data access security, data storage encryption, data transmission encryption, security inspections and audits. Subrecipient shall take full responsibility for the security of all data in its possession or in the possession of its subcontractors and shall hold Florida Housing harmless for any damages or liabilities resulting from the unauthorized disclosure of loss thereof. b. If Subrecipient or any of its subcontractors may or will create, receive, store or transmit PII under the terms of this Agreement, Subrecipient shall provide Florida Housing with insurance information for stand-alone cyber liability coverage, including the limits available and retention levels. If Subrecipient does not carry stand-alone cyber liability coverage, Subrecipient agrees to indemnify costs related to notification, legal fees, 14 Agreement #106-2020 Coronavirus Relief Fund (CRF) Funding Agreement judgments, settlements, forensic experts, public relations efforts, and loss of any business income related to this Agreement. c. Subrecipient agrees to maintain written policies and procedures for PII and/or data classification. This plan must include disciplinary processes for employees that violate these guidelines. d. Subrecipient agrees at all times to maintain reasonable network security that, at a minimum, includes a network firewall. e. Subrecipient agrees to protect and maintain the security of data with protection security measures that include maintaining secure environments that are patched and up to date with all appropriate security updates as designated by a relevant authority (e.g. Microsoft notifications, Common Vulnerabilities and Exposures (CVE) database, etc.) Subrecipient agrees that PII shall be appropriately destroyed based on the format stored upon the expiration of any applicable retention schedules. f. Subrecipient agrees that any and all transmission or exchange of system application data with Florida Housing and/or any other parties shall take place via secure Advanced Encryption Standards (AES), e.g. HTTPS, FTPS, SFTP or equivalent means. All data stored as a part of backup and recovery processes shall be encrypted, using AES. g. If Subrecipient reasonably suspects that a cybersecurity event or breach of security has occurred, they must notify Florida Housing’s Contract Administrator within 48 hours. h. In the event of a breach of PII or other sensitive data, Subrecipient must abide by provisions set forth in Section 501.171, Fla. Stat. Additionally, Subrecipient must immediately notify Florida Housing in writing of the breach and any actions taken in response to such a breach. As the information becomes available the statement must include, at a minimum, the date(s) and number of records affected by unauthorized access, distribution, use, modification or disclosure of PII; Subrecipient’s corrective action plan; and the timelines associated with the corrective action plan. 9. Other Provisions: a. This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in Leon County. b. No waiver by Florida Housing of any right or remedy granted hereunder or failure to insist on strict performance by Subrecipient shall affect or extend or act as a waiver of any other right or remedy of Florida Housing hereunder or affect the subsequent exercise of the same right or remedy by Florida Housing for any further or subsequent default by Subrecipient. A waiver or release with reference to any one event shall not be construed as continuing or as constituting a course of dealing. c. Any power of approval or disapproval granted to Florida Housing under the terms of this Agreement shall survive the terms and life of this Agreement as a whole. d. The Agreement may be executed in any number of counterparts, any one of which may be taken as an original. 15 Agreement #106-2020 Coronavirus Relief Fund (CRF) Funding Agreement IN WITNESS WHEREOF, the parties have executed this Agreement Number 106-2020, each through a duly authorized representative, effective on the Effective Date. CITY OF CLEARWATER By: Name/Title: Date: FEIN: FLORIDA HOUSING FINANCE CORPORATION By: Name/Title: Date: Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8052 Agenda Date: 8/6/2020 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Gas System Agenda Number: 7.2 SUBJECT/RECOMMENDATION: Approve a Utility Work By Highway Contractor Agreement with the State of Florida Department of Transportation to remove natural gas mains during a road improvement project on US Highway 19, at an estimated cost of $10,350.74, and authorize the appropriate officials to execute same. (consent) SUMMARY: The Florida Department of Transportation (FDOT) has a project (ID # 434807-3-52-01) to improve the drainage system along US Highway 19, from Anclote River Bridge to south of Brittany Park Blvd in Tarpon Springs. This will involve the removal of approximately 440 feet of 6-inch gas main, which is in conflict with the road project. Under the Utility Work By Highway Contractor Agreement (UWHCA), the State of Florida’s Department of Transportation general contractor will perform the removal of our existing natural gas mains. A replacement gas main will be installed by Clearwater Gas System’s sub-contractor during the State road project. Having the FDOT general contractor remove the natural gas mains allows for work to be done in a timely manner and releases Clearwater Gas System from penalty payments. APPROPRIATION CODE AND AMOUNT: Funding for this agreement is budgeted and available in capital project 3237323-96377 (Pinellas New Mains and Service Lines). USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 8/6/2020 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No.710-010-57 UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT UTILITIES LUMP SUM) 07/14 Financial Project ID: 434807-3-52-01 Federal Project ID: Financial Project ID: Financial Project ID: Financial Project ID: County: Pinellas State Road No.: SR 55 District Document No: Utility Agency/Owner(UAO): City of Clearwater(Clearwater Gas System) THIS AGREEMENT,entered into this day of year of by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "FDOT," and City of Clearwater(Clearwater Gas System), hereinafter referred to as the "UAO"; WITNESSETH: WHEREAS,the UAO owns certain utility facilities which are located on the public road or publicly owned rail corridor identified below, hereinafter referred to as the"Facilities"(said term shall be deemed to include utility facilities as the same may be relocated, adjusted, or placed out of service); and WHEREAS, the FDOT, is currently engaging in a project which involves constructing, reconstructing, or otherwise changing a public road and other improvements located on a public road or publicly owned rail corridor identified as US 19(SR 55)FROM N OF ANCLOTE RIVER BRIDGE TO S OF BRITTANY PARK BLVD,State Road No. SR 55, hereinafter referred to as the"Project"; and WHEREAS,the Project requires minor modifications to the Facilities or the FDOT's design more particularly described in Exhibit A attached hereto and by this reference made a part hereof, hereinafter referred to as "Utility Work," and full plans and technical specifications for the Utility Work are not required; and WHEREAS, the FDOT will perform the Utility Work as part of the Project; and WHEREAS,the UAO, pursuant to the terms and conditions hereof,will bear certain costs associated with the Utility Work; and WHEREAS, the FDOT and the UAO desire to enter into an agreement which establishes the terms and conditions applicable to the Utility Work; NOW,THEREFORE, in consideration of the premises and the mutual covenants contained herein,the FDOT and the UAO hereby agree as follows: 1.Performance of Utility Work a.The FDOT will include the Utility Work in its plans and specifications for the Project and will include the Utility Work as part of the FDOT's construction of the Project. The preparation of the plans and specifications and the construction of the Project will be performed in such manner as the FDOT, in its discretion, deemed appropriate. b. All location, protection, relocation,adjustment, or removal of the UAO's Facilities which is not listed in Exhibit A shall be performed pursuant to a separate agreement. 2. Cost of Utility Work a. The UAO will, at least Fourteen (14)calendar days prior to the date on which the FDOT advertises the Project for bids, pay the FDOT the amount of$ 10,350.74 for the cost of the Utility Work. Said amount will be deposited into the State Transportation Trust Fund. Page 1 of 5 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No.710-010-57 UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT UTILITIES LUMP SUM) 07/14 b. The FDOT and the UAO acknowledge and agree that the amount stated above includes an additional ten percent(10%)to cover the UAO's obligation for the cost of the Utility Work as set forth in Section 337.403(1)(b), Florida Statutes. C.Except for costs associated with any changes or additions to the Utility Work,the FDOT and the UAO agree that the deposit shall be an asset of the FDOT and that it constitutes a full and final lump sum payment for the cost of the Utility Work,without any requirement for a subsequent accounting for the use of the deposit. d.Pursuant to Section 337.403(1)(b), Florida Statutes, no changes or additions to the Utility Work will be made during the construction of the Project unless the UAO has made an additional deposit to cover the cost of the changes or additions. To the extent that the amount stated in Subparagraph 2.a.above exceeds the amount of the FDOT contractor's bid that applies to the Utility Work, such excess may be applied to cover the cost of the changes or additions. All changes or additions shall be subject to the limitations on supplemental agreements and change orders contained in Section 337.11(8), Florida Statutes. 3. Default a.In the event that the UAO breaches any provision of this Agreement, then in addition to any other remedies which are otherwise provided for in this Agreement,the FDOT may exercise one or more of the following options,provided that at no time shall the FDOT be entitled to receive double recovery of damages: 1) Terminate this Agreement if the breach is material and has not been cured within 60 days from written notice thereof from the FDOT. 2) Pursue a claim for damages suffered by the FDOT. 3) Suspend the issuance of further permits to the UAO for the placement of Facilities on FDOT property if the breach is material and has not been cured within 60 days from written notice thereof from FDOT until such time as the breach is cured. 4) Pursue any other remedies legally available. 5) Perform any work with its own forces or through contractors and seek repayment for the cost thereof under Section 337.403(3), Florida Statutes. b.In the event that the FDOT breaches any provision of this Agreement, then in addition to any other remedies which are otherwise provided for in the Agreement, the UAO may exercise one or more of the following options: 1) Terminate this Agreement if the breach is material and has not been cured within 60 days from written notice thereof from the UAO. 2) Pursue any other remedies legally available. C.Termination of this Agreement shall not relieve either party from any obligations it has pursuant to other agreements between the parties and from any statutory obligations that either party may have with regard to the subject matter hereof. 4. Indemnification FOR GOVERNMENT-OWNED UTILITIES: Page 2 of 5 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No.710-010-57 UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT UTILITIES LUMP SUM)07/14 To the extent provided by law, the UAO shall indemnify, defend, and hold harmless the FDOT and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any acts, action, error, neglect, or omission by the UAO, its agents, employees, or contractors during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which FDOT or said parties may be subject, except that neither the UAO, its agents, employees, or contractors will be liable under this section for damages arising out of the injury or damage to persons or property directly caused by or resulting from the negligence of the FDOT or any of its officers, agents,or employees during the performance of this Agreement. When the FDOT receives a notice of claim for damages that may have been caused by the UAO in the performance of services required under this Agreement, the FDOT will immediately forward the claim to the UAO. The UAO and the FDOT will evaluate the claim and report their findings to each other within fourteen 14)working days and will jointly discuss options in defending the claim. After reviewing the claim,the FDOT will determine whether to require the participation of the UAO in the defense of the claim or to require the UAO to defend the FDOT in such claim as described in this section. The FDOT's failure to notify the UAO of a claim shall not release the UAO from any of the requirements of this section. The FDOT and the UAO will pay their own costs for the evaluation,settlement negotiations,and trial, if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all costs. FOR NON-GOVERNMENT-OWNED UTILITIES: The UAO shall indemnify,defend, and hold harmless the FDOT and all of its officers,agents,and employees from any claim, loss, damage, cost, charge, or expense arising out of any acts, action, error, neglect, or omission by the UAO, its agents,employees,or contractors during the performance of the Agreement,whether direct or indirect,and whether to any person or property to which FDOT or said parties may be subject,except that neither the UAO, its agents,employees,or contractors will be liable under this section for damages arising out of the injury or damage to persons or property directly caused by or resulting from the negligence of the FDOT or any of its officers, agents, or employees during the performance of this Agreement. The UAO's obligation to indemnify,defend,and pay for the defense or at the FDOT's option,to participate and associate with the FDOT in the defense and trial of any damage claim or suit and any related settlement negotiations, shall arise within fourteen (14) days of receipt by the UAO of the FDOT's notice of claim for indemnification to the UAO. The notice of claim for indemnification shall be served by certified mail. The UAO's obligation to defend and indemnify within fourteen (14) days of such notice shall not be excused because of the UAO's inability to evaluate liability or because the UAO evaluates liability and determines the UAO is not liable or determines the FDOT is solely negligent. Only a final adjudication or judgment finding the FDOT solely negligent shall excuse performance of this provision by the UAO. The UAO shall pay all costs and fees related to this obligation and its enforcement by the FDOT. The FDOT's delay in notifying the UAO of a claim shall not release UAO of the above duty to defend. 5.Force Majeure Neither the UAO nor the FDOT shall be liable to the other for any failure to perform under this Agreement to the extent such performance is prevented by an act of God, war, riots, natural catastrophe, or other event beyond the control of the non-performing party and which could not have been avoided or overcome by the exercise of due diligence; provided that the party claiming the excuse from performance has (a) promptly notified the other party of the occurrence and its estimate duration, (b) promptly remedied or mitigated the effect of the occurrence to the extent possible, and (c) resumed performance as soon as possible. 6.Miscellaneous a. To the Facilities shall at all times remain the property of and be properly protected and maintained by the UAO in accordance with the then current Utility Accommodation Manual and the current utility permit for the Facilities. b.Pursuant to Section 287.058, Florida Statutes, the FDOT may unilaterally cancel this Agreement for Page 3 of 5 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No.710-010-57 UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT UTILITIES LUMP SUM) 07/14 refusal by the UAO to allow public access to all documents,papers,letters,or other material subject to the provisions of Chapter 119, Florida Statutes,and made or received by the UAO in conjunction with this Agreement. C.This Agreement constitutes the complete and final expression of the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, or negotiations with respect thereto,except that the parties understand and agree that the FDOT has manuals and written policies and procedures which shall be applicable at the time of the Project and the relocation of the Facilities and except that the UAO and the FDOT may have entered into other agreements for work not included in Exhibit A for Facilities located within the limits of the Project. Copies of FDOT manuals, policies, and procedures will be provided to the UAO upon request. d. This Agreement shall be governed by the laws of the State of Florida. Any provision hereof found to be unlawful or unenforceable shall be severable and shall not affect the validity of the remaining portions hereof. e. Time is of essence in the performance of all obligations under this Agreement. f.All notices required pursuant to the terms hereof may be sent by first class United States Mail, facsimile transmission, hand delivery,or express mail and shall be deemed to have been received by the end of five business days from the proper sending thereof unless proof of prior actual receipt is provided. The UAO shall have a continuing obligation to notify each District of the FDOT of the appropriate persons for notices to be sent pursuant to this Agreement. Unless otherwise notified in writing, notices shall be sent to the following addresses: If to the UAO: City of Clearwater Clearwater Gas System) 777 Maple Street Clearwater, FL 33755 If to the FDOT: Florida Department of Transportation Attn: Mr. J. Scott Stevens 11201 N. McKinley Drive Tampa, FL 33612 email:jamesscott.stevens@dot.state.fl.us phone 813-975-6069 7. Certification This document is a printout of an FDOT form maintained in an electronic format and all revisions thereto by the UAO in the form of additions,deletions,or substitutions are reflected only in an Appendix entitled Changes to Form Document and no change is made in the text of the document itself. Hand notations on affected portions of this document may refer to changes reflected in the above-named Appendix but are for reference purposes only and do not change the terms of the document. By signing this document,the UAO hereby represents that no change has been made to the text of this document except through the terms of the appendix entitled Changes to Form Document." You MUST signify by selecting or checking which of the following applies: No changes have been made to this Form Document and no Appendix entitled "Changes to Form Document" is attached. No changes have been made to this Form Document, but changes are included on the attached Appendix entitled "Changes to Form Document." Page 4 of 5 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No.710-010-57 UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT UTILITIES LUMP SUM)07/14 IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first written. UTILITY: City of Clearwater(Clearwater Gas System) BY: (Signature)DATE: Typed Name: Typed Title: Recommend Approval by the District Utility Office BY: (Signature) DATE: FDOT Legal review BY: (Signature) DATE: District Counsel STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: (Signature) DATE: Typed Name: Richard Moss) Typed Title: Director of Transportation Development) FEDERAL HIGHWAY ADMINISTRATION (if applicable) BY: DATE: Typed Name: Typed Title: Page 5 of 5 Form No.710-010-57 APPENDIX UTILITIES 07/14 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITY WORK BY HIGHWAY CONTRACTORAGREEMENT LUMP SUM) CHANGES TO FORMS DOCUMENT FPID: 434807-3-52-01 Countersigned: CITY OF CLEARWATER, FLORIDA By: Frank V. Hibbard William B. Horne II Mayor City Manager Approved as to form: Attest: Laura Mahony Rosemarie Call Assistant City Attorney City Clerk Page 6 of 6 434807-3-52-01 PROJECT DESCRIPTION: January 2020 Phase III Estimate Pinellas June 8, 2020 EE_01-27_Rev30 1 of 1 $10,350.74 $10,350.74 $10,350.74 $10,350.74 $10,350.74 $10,350.74 NOTES: PHONE NUMBER: SUB-TOTAL SUB-TOTAL 800 - ARCHITECTURAL NOT USED 500 - SIGNALIZATION NOT USED NOT USED NOT USED 100 - STRUCTURES 900 - MASS TRANSIT NOT USED550 - ITS NOT USED ENGINEER'S ESTIMATE FLORIDA DEPARTMENT OF TRANSPORTATION DISTRICT 7 PAGE NUMBER: COUNTY: CONTACT NAME: PAY ITEM SPEC YEAR: SUBMITTAL TYPE: FILE VERSION: DATE: FINANCIAL PROJECT ID # : ENGINEERING CONSULTANT FIRM: (102-1) MOT (Maintenance of Traffic) PROJECT GRAND TOTAL PU (Project Unknowns) SUB-TOTAL (999-25) Initial Contingency (Do Not Bid) 600 - LANDSCAPE / PERIPHERALS 400 - LIGHTING 1000 - INVALID & OTHER ITEMS COMPONENT SUB-TOTAL NOT USED (101-1) MOB (Mobilization) NOT USED 300 - SIGNING & PAVEMENT MARKINGS 200 - ROADWAY COMPONENT GROUPS NOT USED NOT USED 700 - UTILITIES FDOT-D7 6/19/2020 PAY ITEM #ITEM DESCRIPTION UNIT QUANTITY UNIT COST TOTAL COST 1050 16003 UTILITY PIPE,REMOVE & DISPOSE, 5-7.9"LF 406 $24.76 $10,052.56 1050 18003 UTILITY PIPE,PLUG & PLACE OUT OF SERVICE, 5- 7.9"LF 34 $8.77 $298.18 ENGINEER'S ESTIMATE FLORIDA DEPARTMENT OF TRANSPORTATION DISTRICT 7 434807-3-52-01FINANCIAL PROJECT ID: FILE VERSION:EE_01-27_Rev30 -1PAGE NUMBER: 700-Utilities $10,350.74COMPONENT TOTAL FDOT-D7 6/19/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8061 Agenda Date: 8/6/2020 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Gas System Agenda Number: 7.3 SUBJECT/RECOMMENDATION: Authorize award of Invitation to Bid 25-20, Natural Gas Meters and Regulators, to Dev-Tech Sales, Inc. of Avon Park, FL; Equipment Controls Company of Norcross, GA; and JEM-TECH, Inc. of Palm Bay, FL for an annual not-to-exceed amount of $1,500,000 effective August 1, 2020 through July 31, 2021 with the option for two, one-year term extensions, and authorize the appropriate officials to execute same. (consent) SUMMARY: Invitation to Bid 25-20, Natural Gas Meters and Regulators was released on May 5, 2020 and three responsive bid submissions were received on June 3, 2020. Equipment samples were requested from vendors for evaluation of specification compliance. Clearwater Gas System (CGS) has completed their evaluation and determined that all three companies are the lowest, most responsible bidders on the specific bid line items listed below. For these reasons, CGS is recommending award as follows: Dev-Tech Sales, Inc.: $1,275,000 Items #1 and #3-11: Diaphragm meters Items #30-35: Regulator and filters Equipment Controls Company: $40,000 Items #22-27: Commercial regulators JEM-TECH, Inc.: $185,000 Items #12-15: Rotary meters Items #16-21: HSR regulators Items #28-29: Relief regulators Item #2 will not be awarded, as the product bid did not meet the specific requirements for that bid item. CGS will ensure that all requirements, including insurance, will be met and an approved purchase order is in place prior to initiating services with the vendors. All materials are code approved and the meters and regulators will be used on the CGS Distribution System for new customers as well as replacing existing meters that have reached the end of their useful life. In addition, CGS is not obligated to expend the entire amount being requested. APPROPRIATION CODE AND AMOUNT: Funding is budgeted and available in 3237323-96367 (Gas Meter Change-out Capitalized Page 1 City of Clearwater Printed on 8/6/2020 File Number: ID#20-8061 Pinellas) and 3237323-96379 (Gas Meter Change-out Capitalized Pasco). USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 8/6/2020 CITY OF CLEARWATER ITB # 25-20, NATURAL GAS METERS AND REGULATORS DUE DATE: June 3, 2020; 10:00 AM BID TABULATION Item No. Description Est. Quantity (UOM) Unit Price (UOM) Total Price Unit Price (UOM) Total Price Unit Price (UOM) Total Price 1 200 CLASS CFH (NTC) SCREWED CASE ALUMINUM GAS METERS WITH CONNECTIONS (General)2,400 $80.70 $ 193,680.00 $89.84 $ 215,616.00 $ - 2 200 CLASS CFH (NTC) SCREWED CASE ALUMINUM GAS METERS WITH CONNECTIONS (ITRON for use with 005 400 $ - $89.84 $ 35,936.00 $ - 3 400 CLASS CFH (NTC) ALUMINUM GAS METERS WITH CONNECTIONS 500 $197.00 $ 98,500.00 $229.13 $ 114,565.00 $ - 4 600 CLASS CFH (NTC) ALUMINUM GAS METERS WITH CONNECTIONS 500 $439.00 $ 219,500.00 $ - $ - 5 600 CLASS CFH (NTC) ALUMINUM GAS METERS WITH CONNECTIONS (Can be used for right to left)25 $439.00 $ 10,975.00 $ - $ - 6 800 CLASS CFH (NTC) ALUMINUM GAS METERS WITH CONNECTIONS 100 $761.00 $ 76,100.00 $ - $ - 7 800 CLASS CFH (NTC) ALUMINUM GAS METERS WITH CONNECTIONS (With 2lb dial)100 $761.00 $ 76,100.00 $ - $ - 8 1000 CLASS CFH (NTC) ALUMINUM GAS METERS WITH CONNECTIONS (With 2 lb Dial)200 $1,027.00 $ 205,400.00 $ - $ - 9 1000 CLASS CFH (NTC) ALUMINUM GAS METERS WITH CONNECTIONS (With 2 lb Dial) Right to left 20 $1,027.00 $ 20,540.00 $ - $ - 10 CONNECTIONS (With 7 inch Dial) 200 $1,027.00 $ 205,400.00 $ - $ - 11 1000 CLASS CFH (NTC) ALUMINUM GAS METERS WITH CONNECTIONS (With 7 inch Dial) Right to Left 20 $1,027.00 $ 20,540.00 $ - $ - 12 ROMET OR ROOTS 3M ROTARY METER OR EQUIVALENT 30 $1,396.00 $ 41,880.00 $1,351.78 $ 40,553.40 $770.00 $ 23,100.00 13 ROMET OR ROOTS 5M ROTARY METER OR EQUIVALENT 30 $1,793.00 $ 53,790.00 $1,924.72 $ 57,741.60 $990.00 $ 29,700.00 14 ROMET OR ROOTS 7M ROTARY METER OR EQUIVALENT 10 $2,198.00 $ 21,980.00 $2,554.13 $ 25,541.30 $1,250.00 $ 12,500.00 15 ROMET OR ROOTS 11M ROTARY METER OR EQUIVALENT 10 $2,590.00 $ 25,900.00 $3,043.54 $ 30,435.40 $1,410.00 $ 14,100.00 16 HSR 3/4" ANGLE BODY 1,500 $34.71 $ 52,065.00 $36.79 $ 55,185.00 $27.50 $ 41,250.00 17 HSR 3/4" ANGLE BODY 500 $34.71 $ 17,355.00 $36.79 $ 18,395.00 $27.50 $ 13,750.00 18 HSR 3/4" GLOBE BODY 200 $31.18 $ 6,236.00 $34.45 $ 6,890.00 $27.50 $ 5,500.00 19 HSR 3/4" GLOBE BODY 200 $31.18 $ 6,236.00 $34.45 $ 6,890.00 $27.50 $ 5,500.00 20 HSR 1" GLOBE BODY 300 $31.18 $ 9,354.00 $41.18 $ 12,354.00 $27.50 $ 8,250.00 21 HSR 1" GLOBE BODY 300 $31.18 $ 9,354.00 $41.18 $ 12,354.00 $27.50 $ 8,250.00 22 DIRECT OPERATED PRESSURE REDUCING REGULATOR 15 $217.42 $ 3,261.30 $148.90 $ 2,233.50 $ - 23 CONSTANT PRESSURE PILOT LOADED REGULATOR LT GREEN MAIN SPRING, BLUE PILOT SRING 25 $759.00 $ 18,975.00 $572.63 $ 14,315.75 $ - 24 2" FLANGED SPRING LOADED, SELF REGULATED GAS REGULATOR WITH INTERNAL RELIEF VALVE 30 $577.00 $ 17,310.00 $301.78 $ 9,053.40 $ - 25 2" FEMALE PIPE THREAD SPRING LOADED, SELF OPERATED GAS REGULATOR WITH INTERNAL RELIEF 30 $353.00 $ 10,590.00 $234.24 $ 7,027.20 $ - 26 1 1/4" SPRING LOADED, SELF OPERATED GAS REGULATOR WITH INTERNAL RELIEF 10 $353.00 $ 3,530.00 $207.86 $ 2,078.60 $ - 27 1 1/4" SPRING LOADED, SELF OPERATED GAS REGULATOR WITH INTERNAL RELIEF 10 $353.00 $ 3,530.00 $207.86 $ 2,078.60 $ - 28 SPRING LOADED THROTTLING RELIEF BACK PRESSURE REGULATOR (OVERPRESSURE RELIEF 25 $140.50 $ 3,512.50 $ - $137.00 $ 3,425.00 29 SPRING LOADED THROTTLING RELIEF BACK PRESSURE REGULATOR (OVERPRESSURE RELIEF 25 $140.50 $ 3,512.50 $ - $137.00 $ 3,425.00 30 PILOT OPERATED PRESSURE REDUCING REGULATOR 5 $530.00 $ 2,650.00 $ - $ - 31 PRESSURE REDUCING REGULATOR FOR REGULATOR STATIONS AND DISTRIC GATE STATIONS 5 $1,822.00 $ 9,110.00 $ - $ - 32 STRAINERS 50 $115.00 $ 5,750.00 $ - $ - 33 FILTER 2" (DRY PARTICLE)10 $731.00 $ 7,310.00 $2,683.53 $ 26,835.30 $ - 34 FILTER 3" (DRY PARTICLE)2 $820.00 $ 1,640.00 $2,871.77 $ 5,743.54 $ - 35 FILTER 4" (DRY PARTICLE)2 $1,340.00 $ 2,680.00 $3,708.24 $ 7,416.48 $ - Total Bid Items 1 – 35:Total Bid Items awarded: $ 1,155,875.00 Total Bid Items awarded: $ 36,787.05 Total Bid Items awarded: $ 168,750.00 Devtech Equipment Controls JEM-TECH Inc. Page 1 of 6 CITY OF CLEARWATER ITB # 25-20, NATURAL GAS METERS AND REGULATORS DUE DATE: June 3, 2020; 10:00 AM BID REVIEW Control Southern Devtech Sales, Inc.Equipment Controls Company JEM -TECH Original / Copy / Electronic copy X x X X Bid container properly labeled X x X X Bid Pricing Form not signed x, NO EXHIBIT A X X Exceptions, Additional Materials, Addenda Form (Addenda acknowledged)X, additional materials: product literature and exceptions. did not acknowledge addenda x, additional materials: product literature, tariff information X, EXCEPTIONS TAKEN SEE NOTES X, EXCEPTIONS TAKEN SEE SEE NOTES Vendor Information Form incomplete x X x Offer Certification Form only company name, incomplete x X X W-9 Form x x X X Is there language regarding "Confidential/Proprietary" Info?NO NO Due Diligence Sunbiz Review of DMS sites / Federal Debarment Site Review of license requirement Review of certification requirement Review of other Clearwater contracts P Notes DELIVERY: 2-6 WEEKS ARO EXCEPTIONS: 4.4 REGULATORS ARE OPWDER COATED DELIVERY: 4-20 WEEKS EXCEPTIONS: The Sensus R- 275 & 415 meters are now provided with a powder coat finish. As the metercastings are received from the casting supplier with the powder coat finish already applied,there is no DELIVERY: STOCK 20 WEEKS TARIFF SURCHARGE PER METER: (AC250 $1.57), (AL425,AV630,AC800 @ $2.66), (AL800, AL1000 @ $8.47), (RES REGULATORS @ $0.27), (COMM REGULATORS @$3.68) no training details listed. Did not sign bid pricing sheet, did not acknowledge addenda, CITY OF CLEARWATER ITB # 25-20, NATURAL GAS METERS AND REGULATORS DUE DATE: June 3, 2020; 10:00 AM BID TABULATION SUMMARY Items with a star ( ) indicates intent to award. ITEM DESCRIPTION 1 200 CLASS CFH (NTC) SCREWED CASE ALUMINUM GAS METERS WITH CONNECTIONS (General) 2 200 CLASS CFH (NTC) SCREWED CASE ALUMINUM GAS METERS WITH CONNECTIONS (ITRON for use 3 400 CLASS CFH (NTC) ALUMINUM GAS METERS WITH CONNECTIONS 4 600 CLASS CFH (NTC) ALUMINUM GAS METERS WITH CONNECTIONS 5 600 CLASS CFH (NTC) ALUMINUM GAS METERS WITH CONNECTIONS (Can be used for right to left) 6 800 CLASS CFH (NTC) ALUMINUM GAS METERS WITH CONNECTIONS 7 800 CLASS CFH (NTC) ALUMINUM GAS METERS WITH CONNECTIONS (With 2lb dial) 8 1000 CLASS CFH (NTC) ALUMINUM GAS METERS WITH CONNECTIONS (With 2 lb Dial) 9 1000 CLASS CFH (NTC) ALUMINUM GAS METERS WITH CONNECTIONS (With 2 lb Dial) Right to left 10 WITH CONNECTIONS (With 7 inch Dial) 11 1000 CLASS CFH (NTC) ALUMINUM GAS METERS WITH CONNECTIONS (With 7 inch Dial) Right to Left 12 ROMET OR ROOTS 3M ROTARY METER OR EQUIVALENT 13 ROMET OR ROOTS 5M ROTARY METER OR EQUIVALENT 14 ROMET OR ROOTS 7M ROTARY METER OR EQUIVALENT 15 ROMET OR ROOTS 11M ROTARY METER OR EQUIVALENT 16 HSR 3/4" ANGLE BODY 17 HSR 3/4" ANGLE BODY 18 HSR 3/4" GLOBE BODY 19 HSR 3/4" GLOBE BODY 20 HSR 1" GLOBE BODY 21 HSR 1" GLOBE BODY 22 DIRECT OPERATED PRESSURE REDUCING REGULATOR 23 CONSTANT PRESSURE PILOT LOADED REGULATOR LT GREEN MAIN SPRING, BLUE PILOT 24 2" FLANGED SPRING LOADED, SELF REGULATED GAS REGULATOR WITH INTERNAL RELIEF VALVE 25 OPERATED GAS REGULATOR WITH INTERNAL RELIEF VALVE 26 1 1/4" SPRING LOADED, SELF OPERATED GAS REGULATOR WITH INTERNAL RELIEF 27 1 1/4" SPRING LOADED, SELF OPERATED GAS REGULATOR WITH INTERNAL RELIEF ITB # 25-20, NATURAL GAS METERS AND REGULATORS 28 SPRING LOADED THROTTLING RELIEF BACK PRESSURE REGULATOR (OVERPRESSURE RELIEF 29 SPRING LOADED THROTTLING RELIEF BACK PRESSURE REGULATOR (OVERPRESSURE RELIEF 30 PILOT OPERATED PRESSURE REDUCING REGULATOR 31 PRESSURE REDUCING REGULATOR FOR REGULATOR STATIONS AND DISTRIC GATE 32 STRAINERS 33 FILTER 2" (DRY PARTICLE) 34 FILTER 3" (DRY PARTICLE) 35 FILTER 4" (DRY PARTICLE) Total Bid Items 1 – 35:-$ -$ -$ -$ -$ CITY OF CLEARWATER ITB # 25-20, NATURAL GAS METERS AND REGULATORS DUE DATE: June 3, 2020; 10:00 AM BID TABULATION SUMMARY ITEM DESCRIPTION 1 200 CLASS CFH (NTC) SCREWED CASE ALUMINUM GAS METERS WITH CONNECTIONS (General) 2 200 CLASS CFH (NTC) SCREWED CASE ALUMINUM GAS METERS WITH CONNECTIONS (ITRON for use 3 400 CLASS CFH (NTC) ALUMINUM GAS METERS WITH CONNECTIONS 4 600 CLASS CFH (NTC) ALUMINUM GAS METERS WITH CONNECTIONS 5 600 CLASS CFH (NTC) ALUMINUM GAS METERS WITH CONNECTIONS (Can be used for right to left) 6 800 CLASS CFH (NTC) ALUMINUM GAS METERS WITH CONNECTIONS 7 800 CLASS CFH (NTC) ALUMINUM GAS METERS WITH CONNECTIONS (With 2lb dial) 8 1000 CLASS CFH (NTC) ALUMINUM GAS METERS WITH CONNECTIONS (With 2 lb Dial) 9 1000 CLASS CFH (NTC) ALUMINUM GAS METERS WITH CONNECTIONS (With 2 lb Dial) Right to left 10 WITH CONNECTIONS (With 7 inch Dial) 11 1000 CLASS CFH (NTC) ALUMINUM GAS METERS WITH CONNECTIONS (With 7 inch Dial) Right to Left 12 ROMET OR ROOTS 3M ROTARY METER OR EQUIVALENT 13 ROMET OR ROOTS 5M ROTARY METER OR EQUIVALENT 14 ROMET OR ROOTS 7M ROTARY METER OR EQUIVALENT 15 ROMET OR ROOTS 11M ROTARY METER OR EQUIVALENT 16 HSR 3/4" ANGLE BODY 17 HSR 3/4" ANGLE BODY 18 HSR 3/4" GLOBE BODY 19 HSR 3/4" GLOBE BODY 20 HSR 1" GLOBE BODY 21 HSR 1" GLOBE BODY 22 DIRECT OPERATED PRESSURE REDUCING REGULATOR 23 CONSTANT PRESSURE PILOT LOADED REGULATOR LT GREEN MAIN SPRING, BLUE PILOT 24 2" FLANGED SPRING LOADED, SELF REGULATED GAS REGULATOR WITH INTERNAL RELIEF VALVE 25 OPERATED GAS REGULATOR WITH INTERNAL RELIEF VALVE 26 1 1/4" SPRING LOADED, SELF OPERATED GAS REGULATOR WITH INTERNAL RELIEF 27 1 1/4" SPRING LOADED, SELF OPERATED GAS REGULATOR WITH INTERNAL RELIEF ITB # 25-20, NATURAL GAS METERS AND REGULATORS 28 SPRING LOADED THROTTLING RELIEF BACK PRESSURE REGULATOR (OVERPRESSURE RELIEF 29 SPRING LOADED THROTTLING RELIEF BACK PRESSURE REGULATOR (OVERPRESSURE RELIEF 30 PILOT OPERATED PRESSURE REDUCING REGULATOR 31 PRESSURE REDUCING REGULATOR FOR REGULATOR STATIONS AND DISTRIC GATE 32 STRAINERS 33 FILTER 2" (DRY PARTICLE) 34 FILTER 3" (DRY PARTICLE) 35 FILTER 4" (DRY PARTICLE) Total Bid Items 1 – 35:-$ l INVITATION TO BID 25-20 Natural Gas Meters and Regulators May 5, 2020 NOTICE IS HEREBY GIVEN that sealed bids will be received by the City of Clearwater (City) until 10:00 A.M., Local Time, June 3, 2020 provide Natural Gas Meters and Regulators. Brief Description: The City of Clearwater is soliciting sealed bids for a term contract to supply natural gas meters and regulators on an as-needed basis for the Clearwater Gas System (CGS). 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: htti)s://www.myclearwater.com/business/rfi) 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 Sr. Procurement Analyst Valerie.Craig(a)myclearwater.com This Invitation to Bid is issued by: Lori Vogel, CPPB Procurement Manager lori.vogel(a myclearwater.com NATURAL GAS METERS AND REGULATORS 1 ITB#25-20 INSTRUCTIONS— EVALUATION 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: June 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: 90 days from Opening Bid shall remain firm and unaltered after opening for the number of days shown above. The City may accept the bid, subject to successful contract negotiations, at any time during this time. i.6 BID SECURITY: Yes No If so designated above, a bid security in the amount specified must be submitted with the bid. The security may be submitted in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, or cashier's check payable to the City of Clearwater (personal or company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to the City. Such bid security shall be forfeited to the City of Clearwater should the bidder selected fail to execute a contract when requested. PERFORMANCE SECURITY: Yes No If required herein,the Contractor,simultaneously with the execution of the Contract,will be required to furnish a performance security. The security may be submitted in one-year increments and in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, cashier's check or money order payable to the City of Clearwater (personal and company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to NATURAL GAS METERS AND REGULATORS 2 ITB#25-20 INSTRUCTIONS— EVALUATION the City. If the Contractor fails or refuses to fully comply with the terms and conditions of the contract, the City shall have the right to use all or such part of said security as may be necessary to reimburse the City for loss sustained by reason of such breach. The balance of said security, if any, will be returned to Contractor upon the expiration or termination of the contract. i.7 SUBMIT BIDS TO: It is recommended that responses are submitted electronically through our bids website at https://www.myclearwater.com/business/rfp. Firms may mail or hand-deliver responses to the address below. Use label at the end of this solicitation package. E-mail or fax submissions will not be accepted. City of Clearwater Attn: Procurement Division 100 S Myrtle Ave, 3rd FI, Clearwater FL 33756-5520 or PO Box 4748, Clearwater FL 33758-4748 No responsibility will attach to the City of Clearwater, its employees or agents for premature opening of a response that is not properly addressed and identified. i.8 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.9 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.10 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.11 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.12 SPECIFICATIONS. Technical specifications define the minimum acceptable standard. When the specification calls for "Brand Name or Equal," the brand name product is acceptable. Alternates NATURAL GAS METERS AND REGULATORS 3 ITB#25-20 INSTRUCTIONS— EVALUATION 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. 03 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. 04 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. 05 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. 06 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. 07 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. 08 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. NATURAL GAS METERS AND REGULATORS 4 ITB#25-20 INSTRUCTIONS— EVALUATION 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. 09 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.20 PROTESTS AND APPEALS. If a Respondent believes there is a mistake, impropriety, or defect in the solicitation, believes the City improperly rejected its proposal, and/or believes the selected proposal is not in the City's best interests,the Respondent may submit a written protest. All protests and appeals are governed by the City of Clearwater Purchasing Policy and Procedures. If any discrepancy exists between this Section and the Purchasing Policy,the language of the Purchasing Policy controls. Protests based upon alleged mistake, impropriety, or defect in a solicitation that is apparent before the bid opening must be filed with the Procurement Officer no later than five (5) business days before Bid Opening. Protests that only become apparent after the Bid Opening must be filed within ten (10) business days of the alleged violation of the applicable purchasing ordinance. The complete protest procedure can be obtained by contacting the Procurement Division. ADDRESS PROTESTS TO: City of Clearwater— Procurement Division 100 S Myrtle Ave, 3r1 FI Clearwater FL 33756-5520 or PO Box 4748 Clearwater FL 337584748 i.21 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.22 PRESENTATIONS/INTERVIEWS. The bidder must provide a formal presentation/interview upon request. i.23 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. NATURAL GAS METERS AND REGULATORS 5 ITB#25-20 INSTRUCTIONS— EVALUATION c) Price. We will then evaluate the bids that have met the requirements above. i.24 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.25 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.26 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 https://www.myclearwater.com/business/rfp to view relevant bid information and notices. i.27 BID TIMELINE. Dates are tentative and subject to change. Release ITB: May 5, 2020 Advertise Tampa Bay Times: May 6, 2020 Bids due: June 3, 2020 Review bids: June 3—July 1, 2020 Award recommendation: July 1, 2020 Council authorization: August 6, 2020 Contract begins: August 2020 NATURAL GAS METERS AND REGULATORS 6 ITB#25-20 STANDARD TERMS AND CONDITIONS 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. SA 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. NATURAL GAS METERS AND REGULATORS 7 ITB#25-20 STANDARD TERMS AND CONDITIONS b. Drug-Free Workplace. Contractor is hereby advised that the City has adopted a policy establishing a drug-free workplace for itself and those doing business with the City to ensure the safety and health of all persons working on City contracts and projects. Contractor will require a drug-free workplace for all Contractor personnel working under this Agreement. Specifically, all Contractor personnel who are working under this Agreement must be notified in writing by Contractor that they are prohibited from the manufacture, distribution, 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. NATURAL GAS METERS AND REGULATORS 8 ITB#25-20 STANDARD TERMS AND CONDITIONS S.12 AMOUNTS DUE THE CITY. Contractor must be current and remain current in all obligations due to the City during the performance of services under the Agreement. Payments to Contractor may be offset by any delinquent amounts due the City or fees and charges owed to the City. S.13 OPENNESS OF PROCUREMENT PROCESS. Written competitive proposals, replies, oral presentations, meetings where vendors answer questions, other submissions, correspondence, and all records made thereof, as well as negotiations or meetings where negotiation strategies are discussed, conducted pursuant to this 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.Cal l(c)-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. NATURAL GAS METERS AND REGULATORS 9 ITB#25-20 STANDARD TERMS AND CONDITIONS d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. e) A request to inspect or copy public records relating to a public agency's contract for services must be made directly to the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the contractor of the request and the contractor must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time. f) The contractor hereby acknowledges and agrees that if the contractor does not comply with the public agency's request for records, the public agency shall enforce the contract provisions in accordance with the contract. g) A contractor who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. h) If a civil action is filed against a contractor to compel production of public records relating to a public agency's contract for services, the court shall assess and award against the contractor the reasonable costs of enforcement, including reasonable attorney fees, if: 1. The court determines that the contractor unlawfully refused to comply with the public records request within a reasonable time; and 2. At least eight(8) business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the contractor has not complied with the request, to the public agency and to the contractor. i) A notice complies with subparagraph (h)2. if it is sent to the public agency's custodian of public records and to the contractor at the contractor's address listed on its contract with the public agency or to the contractor's registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail,with postage or shipping paid by the sender and with evidence of delivery,which may be in an electronic format. A contractor who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. S.14 AUDITS AND RECORDS. Contractor must preserve the records related to this Agreement for five 5)years after completion of the Agreement. The City or its authorized agent reserves the right to inspect any records related to the performance of work specified herein. In addition, the City may inspect any and all payroll, billing or other relevant records kept by Contractor in relation to the Agreement. Contractor will permit such inspections and audits during normal business hours and upon reasonable notice by the City. The audit of records may occur at Contractor's place of business or at City offices, as determined by the City. S.15 BACKGROUND CHECK. The City may conduct criminal, driver history, and all other requested background checks of Contractor personnel who would perform services under the Agreement or who will have access to the City's information,data,or facilities in accordance with the City's current 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. NATURAL GAS METERS AND REGULATORS 10 ITB#25-20 STANDARD TERMS AND CONDITIONS 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. NATURAL GAS METERS AND REGULATORS 11 ITB#25-20 STANDARD TERMS AND CONDITIONS S.19 CONTINUATION DURING DISPUTES. Contractor agrees that during any dispute between the parties, Contractor will continue to perform its obligations until the dispute is settled, instructed to cease performance by the City, enjoined or prohibited by judicial action, or otherwise required or obligated to cease performance by other provisions in this Agreement. S.20 TERMINATION FOR CONVENIENCE. The City reserves the right to terminate this Agreement in part or in whole upon thirty(30) calendar days'written notice. S.21 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 orjudgments, 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 NATURAL GAS METERS AND REGULATORS 12 ITB#25-20 STANDARD TERMS AND CONDITIONS services are of a substandard or unsatisfactory manner as determined by the City, Contractor, at no additional charge to the City, will provide materials or redo such services until in accordance with this Agreement and to the City's reasonable satisfaction. Unless otherwise agreed, Contractor warrants that materials will be new, unused, of most current manufacture and not discontinued, will be free of defects in materials and workmanship, will be provided in accordance with manufacturer's standard warranty for at least one (1) year unless otherwise specified, and will perform in accordance with manufacturer's published specifications. S.27 THE CITY'S RIGHT TO RECOVER AGAINST THIRD PARTIES. Contractor will do nothing to prejudice the City's right to recover against third parties for any loss, destruction, or damage to City property, and will at the City's request and expense, furnish to the City reasonable assistance and cooperation, including assistance in the prosecution or defense of suit and the execution of instruments of assignment in favor of the City in obtaining recovery. S.28 NO GUARANTEE OF WORK. Contractor acknowledges and agrees that it is not entitled to deliver any specific amount of materials or services or any materials or services at all under this Agreement and acknowledges and agrees that the materials or services will be requested by the City on an as needed basis at the sole discretion of the City. Any document referencing quantities or performance frequencies represent the City's best estimate of current requirements, but will not bind the City to purchase, accept, or pay for materials or services which exceed its actual needs. S.29 OWNERSHIP. All deliverables, services, and information provided by Contractor or the City pursuant to this Agreement (whether electronically or manually generated) including without limitation, reports,test plans, and survey results, graphics, and technical tables, originally prepared in the performance of this Agreement, are the property of the City and will not be used or released by Contractor or any other person except with prior written permission by the City. S.30 USE OF NAME. Contractor will not use the name of the City of Clearwater in any advertising or publicity without obtaining the prior written consent of the City. S.31 PROHIBITED ACTS. Pursuant to Florida Constitution Article II Section 8, a current or former public officer or employee within the last two(2)years shall not represent another organization before the City on any matter for which the officer or employee was directly concerned and personally participated in during their service or employment or over which they had a substantial or material administrative discretion. S.32 FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB destination freight prepaid and allowed unless otherwise agreed. S.33 RISK OF LOSS. Contractor agrees to bear all risks of loss, injury, or destruction of goods or equipment incidental to providing these services and such loss, injury,or destruction will not release Contractor from any obligation hereunder. S.34 SAFEGUARDING CITY PROPERTY. Contractor will be responsible for any damage to City real property or damage or loss of City personal property when such property is the responsibility of or in the custody of Contractor or its employees. S.35 WARRANTY OF RIGHTS. Contractor warrants it has title to, or the right to allow the City to use, the materials and services being provided and that the City may use same without suit, trouble or hindrance from Contractor or third parties. S.36 PROPRIETARY RIGHTS INDEMNIFICATION. Without limiting the foregoing, Contractor will without limitation, at its expense defend the City against all claims asserted by any person that anything provided by Contractor infringes a patent, copyright, trade secret or other intellectual property right and must, without limitation, pay the costs, damages and attorneys' fees awarded NATURAL GAS METERS AND REGULATORS 13 ITB#25-20 STANDARD TERMS AND CONDITIONS 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 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. NATURAL GAS METERS AND REGULATORS 14 ITB#25-20 STANDARD TERMS AND CONDITIONS S.42 GOVERNING LAW, VENUE. This Agreement is governed by the laws of the State of Florida. The exclusive venue selected for any proceeding or suit in law or equity arising from or incident to this Agreement will be Pinellas County, Florida. S.43 INTEGRATION CLAUSE. This Agreement, including all attachments and exhibits hereto, supersede all prior oral or written agreements, if any, between the parties and constitutes the entire agreement between the parties with respect to the work to be performed. S.44 PROVISIONS REQUIRED BY LAW. Any provision required by law to be in this Agreement is a part of this Agreement as if fully stated in it. S.45 SEVERABILITY. If any provision of this Agreement is declared void or unenforceable, such provision will be severed from this Agreement, which will otherwise remain in full force and effect. The parties will negotiate diligently in good faith for such amendment(s) of this Agreement as may be necessary to achieve the original intent of this Agreement, notwithstanding such invalidity or unenforceability. S.46 SURVIVING PROVISIONS. Notwithstanding any completion, termination, or other expiration of this Agreement, all provisions which, by the terms of reasonable interpretation thereof, set forth rights and obligations that extend beyond completion, termination, or other expiration of this Agreement, will survive and remain in full force and effect. Except as specifically provided in this Agreement, completion,termination, or other expiration of this Agreement will not release any party from any liability or obligation arising prior to the date of termination. NATURAL GAS METERS AND REGULATORS 15 ITB#25-20 DETAILED SPECIFICATIONS 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. BACKGROUND. The City of Clearwater, d/b/a Clearwater Gas System (CGS), owns and operates a natural gas distribution system within portions of Pinellas and Pasco County, Florida. CGS has approximately 870 miles of distribution gas mains that operates between 8 — 60 PSI and serves approximately 18,000 natural gas customers and 2,000 propane customers over a 330 square mile service territory. 3. SCOPE OF WORK. The City of Clearwater is soliciting sealed bids to establish term contract(s)for the acquisition of natural gas meters and regulators on an as needed basis, per the specifications, sizes and variations listed on Exhibit A—Pricing Details. The estimated quantities indicated are given only as a guideline for preparing your bid and should not be construed as representing an actual amount to be purchased under this contract. 4. SPECIFICATIONS. Additional specification details are provided in Exhibit A— Pricing Details. A. GENERAL REQUIREMENTS: 1. CGS will, at its discretion, place orders with the Vendor(s) for various quantities of items, as needed, during the contract period. 2. All materials will have a minimum warranty of one year against defects in materials and workmanship. 3. Upon request, samples of both gas meters and/or regulators shall be provided. 4. Coating requirements are a Water Based Enamel or Two-part Epoxy Finish, ASA 49 — Gray. Powder Coated materials will be disqualified. B. DIAPHRAGM METER REQUIREMENTS: 1. Diaphragm meters must consist of four(4)chambers 2. Molded three(3)convoluted duramic diaphragm 3. Magneformed Pressure Seal on diaphragm disk 4. Ribbed Disk 5. Reinforced "D"shaped flag rod with bottom bearing 6. Self-lubricating bearings 7 Meters must be adjustable and repairable,with tangents visually adjusted through hand hole access port Compensating index capabilities with ratio stamped on index; available as an accessory for purchase or provided on meter purchases as an alternate dial to the 7" Index will consist of cubic feet direct readings;two(2)foot and one-half(1/2)feet test hands for 9. meters sizes under 630;five (5)feet and two and one-half(2.5)feet for meter sizes under 1000; and ten (10)feet and two and one-half(2.5)feet for meter sizes above 1000 10. Proof sheets will be provided with an accuracy within a plus/minus of one-half(1/2)% of 100% 11. Compatible with the Itron 1000 ERT identified on the tabulation sheet. NATURAL GAS METERS AND REGULATORS 16 ITB#25-20 DETAILED SPECIFICATIONS 12. Fifteen (15)year documented warranty on total meter 13. Equipped with wireless security seals C. ROTARY METER REQUIREMENTS: 1. Temperature Range of-40 to+140 deg. F 2. Maximum Operating Pressure(MAOP)of 175 psig 3. Leak Test(125% MAOP)of 219 psig 4. Static Leak Test(two[2]x MAOP)of 350 psig 5. Maximum Pressure Rate of five (5) psig/sec 6. Temperature Compensation Range (TC,TD); -20 to+120 deg. F 7. Minimum Odometer Reading of two one-hundredths(0.2)cf 8. 1 Flange Connection; ANSI 150#FF 9. Bolt Size of five-eighths (5/8)—eleven (11)in. 10. Bolt Torque(Lubricated and Non-Lubricated)of 55/60 ft-Ib. 11. Standard Counter Instrument Drive compatible with the Itron 100G ERT, models: ERG-5006-007 or ERG-5006-008 D. COMMERCIAL $ RESIDENTIAL REGULATOR REQUIREMENTS ( %" -2"): 1. Cast Iron Body 2. Nitrile(NBR)Body Gasket 3. ASA thermoplastic Closing Cap 4. 1 Derlin Adjusting Screw 5. Aluminum Diaphragm Case, Spring Case, Diaphragm Plate, Orifice, and Valve Stem 6. Derlin Pusher Post or Relief Valve Seat 7. Nitrile Diaphragm and Disk 8. Zinc-plated steel Control Spring 9. Stainless steel Relief Valve Spring 10. Stainless steel Relief Valve Retainer 11. Stainless steel Vent Screen 12. Stainless steel Lever Pin 13. 1 Plated steel Spring Seat, Lever, and all other Metal Parts E. SAMPLES: 1. Product samples may be requested. All samples requested must be representative of the quality of products to be produced and must meet all mandatory requirements to be considered. 2. Samples must be submitted at no additional cost to the City and will be retained for use as quality assurance standards and for testing purposes. NATURAL GAS METERS AND REGULATORS 17 ITB#25-20 DETAILED SPECIFICATIONS 3. The samples provided will not be returned by the City. Unsuccessful bidders may provide return postage if products are to be returned. 4. The determination on whether a product is "equivalent" will be made by the City after an evaluation from Clearwater Gas System staff. F. PRICING: On Exhibit A—Pricing Details,for each item there is a line item to indicate pricing for new equipment and recertified equipment. Bidder may include pricing for new items or a combination of new items and recertified items. Pricing for new equipment should be included on the bid pricing sheet. The City will accept pricing for recertified materials as a supplemental source to CGS's meter and regulator requirement; however, the City will not rely solely on recertified equipment. If a vendor only provides pricing for recertified materials that vendor would only be consider as secondary vendor and is not eligible for primary award consideration. G. TRAINING: Bidder must indicate on Bid Pricing Sheet, pg. 22, details of training/consulting available on their products (i.e. the type, duration, subject, etc.). H. MANUFACTURER: Bidder must indicate on Bid Pricing Sheet, pg. 22, the manufacturer of all item bid on. If additional space is need, bidder may submit additional pages. 5. MINIMUM QUALIFICATIONS. Prior to contract award, any bidder may be required to show that the company has the necessary facilities, equipment, ability and financial resources to perform the work specified in a satisfactory manner and within the time specified. 6. DELIVERY. Delivery shall be made to the location indicated: Ship to: Clearwater Gas Systems 777 Maple St. Clearwater FL 33765 Phone: 727-562-4900 Bidder shall indicate the standard delivery time after receipt of order on the bid price page. 7. 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) NATURAL GAS METERS AND REGULATORS 18 ITB#25-20 DETAILED SPECIFICATIONS combined single limit. c. Unless waived by the State of Florida and proof of waiver is provided to the City, statutory Workers' Compensation Insurance coverage in accordance with the laws of the State of Florida, and Employer's Liability Insurance in the minimum amount of $500,000 (five hundred thousand dollars) each employee each accident, $500,000 (five hundred thousand dollars) each employee by disease, and $500,000 (five hundred thousand dollars) disease policy limit. Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen's and Harbor Worker's Act coverage where applicable. Coverage must be applicable to employees, contractors, subcontractors, and volunteers, if any. 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 Department, ITB#25-20 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. NATURAL GAS METERS AND REGULATORS 19 ITB#25-20 MILESTONES 1.BEGINNING AND END DATE OF INITIAL TERM. August 2020—July 2021 Orders placed after award of ITB #25-20, will fall under new contract terms. 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. Upon City review and acceptance, the contract price may be equitably adjusted by Change Order for additional costs resulting from any change in law, including the application of tariffs,which were not reasonably anticipated and then enacted after the date of this Agreement. During the sixty (60) day period prior to the renewal anniversary of the contract effective date, the Contractor may submit a written request that the City increase the prices in an amount for no more than the twelve (12) month change in the Consumer Price Index for All Urban Consumers(CPI- U),for All Urban Consumers, All Items, Tampa-St. Petersburg-Clearwater, Florida, as published by the U.S. Department of Labor, Bureau of Labor Statistics (http://www.bls.gov/cpi/home.htm). The price adjustment rate will be determined by comparing the percentage difference between the CPI in effect for the base year six (6) month average (June through December 2020) and each six 6) month average thereafter. The percentage difference between those two (2) CPI issues will be the price adjustment rate, not to exceed three (3) percent on an annual basis, and six (6) percent over the three (3)year contract term. No fuel surcharges will be accepted. NATURAL GAS METERS AND REGULATORS 20 ITB#25-20 BID SUBMISSION 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. Original and proper number of copies with electronic format included Bid container properly labeled Bid pricing form completed and included Exhibit A- Pricing Details 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 Warranty information NATURAL GAS METERS AND REGULATORS 21 ITB#25-20 BID PRICING Pursuant to the contract specifications enumerated and described in this solicitation, we agree to furnish Natural Gas Meters and Regulators to the City of Clearwater at the price(s) stated below. Note: Bidder must include completed Exhibit A- Pricing Details with bid submittal package. GROUP GRAND TOTALS from Exhibit A— Scope of Work/Pricing Details by Group Grand Total for New Units Grand Total for Recertified Units LIST OF MANUFACTURERS BIDDER INTENDS TO SUPPLY Diaphragm Meters Rotary Meters Commercial Regulators Residential Regulators DELIVERY REQUIREMENTS FOB: Destination Freight Costs: Unit prices must include all freight and transportation charges. Delivery timeframe: PAYMENT TERMS City of Clearwater's standard payment terms are NET30 BIDDER'S TRAINING/CONSULTING DETAILS: Vendor: Date: NATURAL GAS METERS AND REGULATORS 22 ITB#25-20 EXCEPTIONS/ADDITIONAL MATERIALS/ADDENDA 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/rfp 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: NATURAL GAS METERS AND REGULATORS 23 ITB#25-20 VENDOR INFORMATION 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: Dav-to-Dav Project Contact (if awarded): Name:Fax: Phone: E-Mail Address: Certified Small Business Certifying Agency: Certified Minority, Woman or Disadvantaged Business Enterprise Certifying Agency: NATURAL GAS METERS AND REGULATORS 24 ITB#25-20 SCRUTINIZED COMPANIES 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 NATURAL GAS METERS AND REGULATORS 25 ITB#25-20 OFFER CERTIFICATION 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 otherjudicial 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 60)of the Federal Export Administration Act and not debarred by any Federal or public agency. i) It will provide the materials or services specified in compliance with all Federal, State,and Local Statutes and Rules if awarded by the City. j) It is current in all obligations due to the City. k) It will accept such terms and conditions in a resulting contract if awarded by the City. 1) 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: NATURAL GAS METERS AND REGULATORS 26 ITB#25-20 MAILING LABEL CUT ALONG THE LINE AND AFFIX TO THE FRONT OF YOUR BID CONTAINER For US Mail------------------------------------------------------------------------------ SEALED BID Submitted by: Company Name: Address: City, State, Zip: ITB#25-20, Natural Gas Meters and Regulators Due Date: June 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#25-20, Natural Gas Meters and Regulators Due Date: June 3, 2020 at 10:00 A.M. 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Quantity (UOM) Unit Price (UOM) Total Price Unit Price (UOM) Total Price Unit Price (UOM) Total Price 1 200 CLASS CFH (NTC) SCREWED CASE ALUMINUM GAS METERS WITH CONNECTIONS (General)2,400 $80.70 $ 193,680.00 $89.84 $ 215,616.00 $ - 2 200 CLASS CFH (NTC) SCREWED CASE ALUMINUM GAS METERS WITH CONNECTIONS (ITRON for use with 005 400 $ - $89.84 $ 35,936.00 $ - 3 400 CLASS CFH (NTC) ALUMINUM GAS METERS WITH CONNECTIONS 500 $197.00 $ 98,500.00 $229.13 $ 114,565.00 $ - 4 600 CLASS CFH (NTC) ALUMINUM GAS METERS WITH CONNECTIONS 500 $439.00 $ 219,500.00 $ - $ - 5 600 CLASS CFH (NTC) ALUMINUM GAS METERS WITH CONNECTIONS (Can be used for right to left)25 $439.00 $ 10,975.00 $ - $ - 6 800 CLASS CFH (NTC) ALUMINUM GAS METERS WITH CONNECTIONS 100 $761.00 $ 76,100.00 $ - $ - 7 800 CLASS CFH (NTC) ALUMINUM GAS METERS WITH CONNECTIONS (With 2lb dial)100 $761.00 $ 76,100.00 $ - $ - 8 1000 CLASS CFH (NTC) ALUMINUM GAS METERS WITH CONNECTIONS (With 2 lb Dial)200 $1,027.00 $ 205,400.00 $ - $ - 9 1000 CLASS CFH (NTC) ALUMINUM GAS METERS WITH CONNECTIONS (With 2 lb Dial) Right to left 20 $1,027.00 $ 20,540.00 $ - $ - 10 1000 CLASS CFH (NTC) ALUMINUM GAS METERS WITH CONNECTIONS (With 7 inch Dial) 200 $1,027.00 $ 205,400.00 $ - $ - 11 1000 CLASS CFH (NTC) ALUMINUM GAS METERS WITH CONNECTIONS (With 7 inch Dial) Right to Left 20 $1,027.00 $ 20,540.00 $ - $ - 12 ROMET OR ROOTS 3M ROTARY METER OR EQUIVALENT 30 $1,396.00 $ 41,880.00 $1,351.78 $ 40,553.40 $770.00 $ 23,100.00 13 ROMET OR ROOTS 5M ROTARY METER OR EQUIVALENT 30 $1,793.00 $ 53,790.00 $1,924.72 $ 57,741.60 $990.00 $ 29,700.00 14 ROMET OR ROOTS 7M ROTARY METER OR EQUIVALENT 10 $2,198.00 $ 21,980.00 $2,554.13 $ 25,541.30 $1,250.00 $ 12,500.00 15 ROMET OR ROOTS 11M ROTARY METER OR EQUIVALENT 10 $2,590.00 $ 25,900.00 $3,043.54 $ 30,435.40 $1,410.00 $ 14,100.00 16 HSR 3/4" ANGLE BODY 1,500 $34.71 $ 52,065.00 $36.79 $ 55,185.00 $27.50 $ 41,250.00 17 HSR 3/4" ANGLE BODY 500 $34.71 $ 17,355.00 $36.79 $ 18,395.00 $27.50 $ 13,750.00 18 HSR 3/4" GLOBE BODY 200 $31.18 $ 6,236.00 $34.45 $ 6,890.00 $27.50 $ 5,500.00 19 HSR 3/4" GLOBE BODY 200 $31.18 $ 6,236.00 $34.45 $ 6,890.00 $27.50 $ 5,500.00 20 HSR 1" GLOBE BODY 300 $31.18 $ 9,354.00 $41.18 $ 12,354.00 $27.50 $ 8,250.00 21 HSR 1" GLOBE BODY 300 $31.18 $ 9,354.00 $41.18 $ 12,354.00 $27.50 $ 8,250.00 22 DIRECT OPERATED PRESSURE REDUCING REGULATOR 15 $217.42 $ 3,261.30 $148.90 $ 2,233.50 $ - 23 CONSTANT PRESSURE PILOT LOADED REGULATOR LT GREEN MAIN SPRING, BLUE PILOT SRING 25 $759.00 $ 18,975.00 $572.63 $ 14,315.75 $ - 24 2" FLANGED SPRING LOADED, SELF REGULATED GAS REGULATOR WITH INTERNAL RELIEF VALVE 30 $577.00 $ 17,310.00 $301.78 $ 9,053.40 $ - 25 2" FEMALE PIPE THREAD SPRING LOADED, SELF OPERATED GAS REGULATOR WITH INTERNAL RELIEF 30 $353.00 $ 10,590.00 $234.24 $ 7,027.20 $ - 26 1 1/4" SPRING LOADED, SELF OPERATED GAS REGULATOR WITH INTERNAL RELIEF 10 $353.00 $ 3,530.00 $207.86 $ 2,078.60 $ - 27 1 1/4" SPRING LOADED, SELF OPERATED GAS REGULATOR WITH INTERNAL RELIEF 10 $353.00 $ 3,530.00 $207.86 $ 2,078.60 $ - 28 SPRING LOADED THROTTLING RELIEF BACK PRESSURE REGULATOR (OVERPRESSURE RELIEF REGULATOR)25 $140.50 $ 3,512.50 $ - $137.00 $ 3,425.00 29 SPRING LOADED THROTTLING RELIEF BACK PRESSURE REGULATOR (OVERPRESSURE RELIEF REGULATOR)25 $140.50 $ 3,512.50 $ - $137.00 $ 3,425.00 30 PILOT OPERATED PRESSURE REDUCING REGULATOR 5 $530.00 $ 2,650.00 $ - $ - 31 PRESSURE REDUCING REGULATOR FOR REGULATOR STATIONS AND DISTRIC GATE STATIONS 5 $1,822.00 $ 9,110.00 $ - $ - 32 STRAINERS 50 $115.00 $ 5,750.00 $ - $ - 33 FILTER 2" (DRY PARTICLE)10 $731.00 $ 7,310.00 $2,683.53 $ 26,835.30 $ - 34 FILTER 3" (DRY PARTICLE)2 $820.00 $ 1,640.00 $2,871.77 $ 5,743.54 $ - 35 FILTER 4" (DRY PARTICLE)2 $1,340.00 $ 2,680.00 $3,708.24 $ 7,416.48 $ - Total Bid Items 1 – 35:Total Bid Items awarded: $ 1,155,875.00 Total Bid Items awarded: $ 36,787.05 Total Bid Items awarded: $ 168,750.00 Devtech Equipment Controls JEM-TECH Inc. Page 1 of 1 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8022 Agenda Date: 8/6/2020 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 7.4 SUBJECT/RECOMMENDATION: Approve First Amendment to the Capital Project Funding Agreement between the City and Pinellas County Tourist Development Council (TDC) to extend the terms of the agreement to allow for reimbursement of funds during Fiscal Years 2020 and 2021 and authorize the appropriate officials to execute same. (consent) SUMMARY: On October 2, 2017, the City was awarded a grant from TDC in the amount of $1,900,000 for renovations to the Countryside Sports Complex located at 3060 McMullen Booth Road. The original funding agreement stated that the City would request reimbursement of $950,000 in two Fiscal Years, 2018 and 2019. Unfortunately, the City had delays in the project which resulted in pushing the completion of the project back to Fiscal Year 2020. This has necessitated an amendment to the agreement that allows for reimbursement to be made in Fiscal Years 2020 and 2021. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 8/6/2020 CAPITAL PROJECT FUNDING AGREEMENT Countryside Sports Complex THIS AGREEMENT ("Agreement") is made and entered into as of the 2 day of October , 2017 ("Effective Date"), by and between Pinellas County, a political subdivision of the State of Florida ("County") and the City of Clearwater, a Florida Municipal Corporation ("City") ( collectively, the "Parties" or individually a "Party"). WHEREAS, in accordance with Section 118-32 Pinellas County Code and Florida Statutes §125.0104, the County is authorized to utilize Tourist Development Tax revenues to fund statutorily eligible capital projects; and WHEREAS, in order to equitably and consistently evaluate capital project funding requests, the County adopted Capital Project Funding Guidelines, which established both the requisite criteria, documents, studies and related financial information to be submitted by a capital funding applicant, as well as the capital project funding application and review process; and WHEREAS, as part of the review and evaluation process, the County hired a consultant to review capital project funding applications and to provide a report of same to both the County and the Tourist Development Council for their consideration when evaluating capital project funding applications; and WHEREAS, after due consideration of the capital project funding applications, the Consultant's report and the recommendations of its Tourist Development Council, the County has approved the funding of certain capital projects determined to best promote tourism in Pinellas County; and WHEREAS, the County, through its Board of County Commissioners agrees to provide the City with funding for the Capital Project, as defined herein, in the amount and in accordance with the terms and conditions described herein; and WHEREAS, this Agreement sets forth the rights and obligations of the Parties related to the capital project, funding, and related matters. NOW, THEREFORE, in consideration of the foregoing recitals, the mutual promises contained herein and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Parties agree as follows: 1. RECITALS. The above recitals are true and correct and are adopted as an integral part of this Agreement. l of 11 2. DEFINITIONS. In addition to other capitalized terms or phrases that may be defined elsewhere in this Agreement, the following capitalized terms shall have the meaning set forth as follows: A. "Capital Project" or "Project" means the improvements to that certain statutorily eligible project/facility commonly known as Countryside Sports Complex located in Clearwater, Pinellas County, Florida ("Facility") set out in the Project budget described in Exhibit A attached hereto and incorporated herein by reference. B. "Commencement Date" means the date that the City commences construction of the Capital Project improvements on the project site after completion of the project design and the issuance of all permits and approvals necessary to construct the Capital Project. C. "Tourist Promotion Benefits" means any and all tourism promotion and/or marketing benefits provided by the City to market/promote the destination through Visit St. Petersburg Clearwater ("VSPC") as part of the consideration for the County funding of the Project, as further described in Exhibit B attached hereto and incorporated herein by reference. D. "Tourist Tax Revenues" means any legally available tourist tax revenues levied and collected by the County pursuantto Section 125.0104, Florida Statutes, for capital funding of the Project in accordance with the County's Tourist Development Plan. 3. TERM. The term of this Agreement shall commence on the Effective Date and continue in full force and effect through September 30, 2020 ("Term"), unless otherwise terminated as provided herein. 4. CONDITIONS PRECEDENT TO CAPITAL PROJECT FUNDING. The disbursement of, and any continued funding for the Capital Project herein, is subject to the following conditions precedent during the Term: A. The City continues to own and operate the facility. B. The City provides to the County the Tourism Promotion Benefits as described m Exhibit B. C. The Plan authorizes tourist tax revenues to be expended for such capital improvements. D. The Commencement Date occurs no later than September 30, 2018. E. The City matching funds must be maintained and County must be notified immediately if those matching funds are lost or become unavailable. F. Any and all City funds utilized to complete the Capital Project funded herein must be expended first before County funds are expended on the Project in accordance with the reimbursement requirements in Section 5.A. 2 of 11 5. COUNTY'S RESPONSIBILITIES. Upon providing documentation as specifically set forth in subparagraph (A) below establishing satisfaction of the conditions precedent as required in Section 4 required by the County, the County agrees to pay to the City Capital Project Funds in the sum of not to exceed One Million Nine Hundred Thousand Dollars ($1,900,000.00), from legally available Tourist Tax Revenues and from no other revenue source of the County, subject to the adjustments as provided in Sections 6.C. and 8, as follows: A. Reimbursement Payments shall be made in annual payments not exceeding Nine Hundred and Fifty Thousand Dollars ($950,000.00) during the County's FY 2017/2018 and FY 2018/2019 which commence on October I and end on September 30 of the fiscal year, upon receipt of a written payment request from the City directed to the VSPC at the address set out in Section 12.A., with such documentation as required herein and any additional documentation required by the VSPC Director. At a minimum, the payment request shall include documentation detailing (i) invoices which includes a detailed list of the work completed for which the City is seeking reimbursement; (ii) proof of payment for such work; (iii) a Jetter from either the contractor, design professional, or the City certifying that the work for which reimbursement is sought has been completed; and (iv) written documentation received from contractor, materialmen, subcontractors or other parties verifying payment by the City and for which reimbursement is being sought. The payment requests shall be no more frequent than quarterly after compliance with the requirements of Section 4 herein. B. County's contributions of Capital Project funds herein shall in no event exceed any amount agreed to herein and any and all excess project costs are the sole responsibility of the City. C. The Capital Project Funds shall be paid in accordance with Section 218.70 et seq., Florida Statutes, "The Local Government Prompt Payment Act." D. The County's obligations under this Agreement shall cease and the Agreement shall tenninate with no further obligation to the County for payments hereunder in the event the Tourist Tax Revenues pledged herein are repealed or expire as a matter of law. 6. CITY'S RESPONSIBILITIES. During the Term of this Agreement, the City shall: A. Manage, supervise, oversee, pay all costs and expenses related to, and be solely responsible for completing the Project including, but not limited to securing all pennits and approvals required for the Project, contracting and/or subcontracting with all third parties necessary to complete the Project, and operate the project/facility. B. Utilize all commercially reasonable efforts to complete the Project within the Project Budget on an agreed upon date, but in any event, no later than the tenn of this agreement. The City may elect to increase the Project Budget or any component part thereof with notice to the County, and shall be solely responsible for the additional costs and expenses, including any cost overruns, on the Project. C. Notify County of any project cost savings or changes in scope of work that reduces project costs so County may reduce its contribution on a pro rata basis. 3 of 11 D. Provide the Tourism Promotion Program benefits through September 30, 2028. E. Operate, maintain, repair, replace, and insure the Facility in a manner consistent with other comparable sports stadiums/facilities in Pinellas County. 7. RIGHT TO AUDIT. A. All of the City's records related to this Agreement shall be open to inspection and subject to reproduction by the County during normal working hours to the extent necessary to permit adequate evaluation and verification of any invoices for payment, or claims, submitted by the City pursuant to the execution of the Agreement. Such records shall include, but not be limited to, accounting records, written policies and procedures, subcontractor files, original estimates, estimating worksheets, correspondence, Change Order files (including the documentation of negotiated settlements), any supporting evidence necessary to substantiate charges related to this Agreement, and any records necessary to evaluate and verify costs as they may apply to costs associated with this Agreement. B. For the purpose of such audits, inspections, examinations and evaluations the County shall have access to the said records from the effective date of this Agreement, for the duration of the Work, and until thirty-six (36) months after the date of final payment by the County to the City for performance under this Agreement. The City hereby agrees to maintain said records in safe and dry storage until the end of this time period. C. The County shall have access to the City's facilities and all necessary records in order to conduct audits in compliance with this Paragraph. 8. DEFAULTS AND REMEDIES. A. Events of Default. Each of the following shall constitute an event of default (each, an "Event of Default") hereunder: 1. A breach by the City of any material term, covenant, obligation or agreement under this Agreement, and the continuance of such breach for a period of thirty (30) days after written notice thereof shall have been given to City except for a breach of those provisions described in subsection 4, 5 or 6 below, which will entitle the County to immediately exercise the available remedies; 2. The City voluntary filing of or consent to a petition under any bankruptcy, insolvency, or reorganization law, failure to secure the dismissal of an involuntary bankruptcy petition within 60 days of filing, or a determination by a court of competent jurisdiction that is insolvent and unable to pay its debts when due; 4ofll 3. A payment request containing a material misrepresentation; 4. The City ceases operations of the Capital Project or Facility before October 1, 2028. 5. The Tourist Tax Revenues legally available to pay this obligation are repealed or expire as provided by law. 6. The City fails to pay taxes and/or assessments, if any, when due. B. Remedies. Upon or at any time after the occmTence of an Event of Default which has not been cured if authorized herein: 1. The County may withhold, temporarily or permanently, any or all unpaid portion of the Capital Project Funds and/or may terminate this Agreement by giving seven (7) calendar days' notice to the City. The County shall then have no further funding obligation under this Agreement; 2. If the County has paid any Capital Project Funds, the City shall repay to the County all Capital Project Funds received by it for the Project; 3. Additionally the County may exercise any right, power, or remedy as provided in law or equity pursuant to Florida law. C. No consent or waiver, express or implied, by the County to or of any breach or default by the City in the performance of its obligations under this Agreement shall constitute a consent to or waiver of any similar breach or default by the City. The failure of the County to complain of any act or omission to act by the City or to declare the City in default, irrespective of how long such failure continues, shall not constitute a waiver by the County of its rights under this Agreement. 9. COMPLIANCE WITH LAWS. The Parties shall comply with all applicable federal, state, and local laws, ordinances, rules and regulations, the federal and state constitutions, and the orders and decrees of any lawful authorities having jurisdiction over the matter at issue including but not limited to applicable public records laws. 10. DUE AUTHORITY. Each party to this Agreement represents and warrants to the other party that: (i) it has the full right and authority and has obtained all necessary approvals to enter into this Agreement; (ii) each person executing this Agreement on behalf of the party is authorized to do so; and (iii) this Agreement constitutes a valid and legally binding obligation of the party, enforceable in accordance with its terms. 11. ASSIGNMENT. No party to this Agreement may assign any rights or delegate any duties under this Agreement without the prior written consent of the other party. 5 of 11 12. NOTICES. A. Unless and to the extent otherwise provided in this Agreement, all notices, demands, requests for approvals and other communications which are required to be given by either party shall be in writing and shall be deemed given and delivered on the date delivered in person to the authorized representative of the recipient provided below, upon the expiration of five (5) days following the date mailed by registered or certified mail, postage prepaid, return receipt requested, to the authorized representative of the recipient provided below, or upon the date delivered by overnight courier (signature required) or emailed to the authorized representative of the recipient at the email provided below: TO THE COUNTY: David Downing, Director Visit St. Petersburg/Clearwater 8200 Bryan Dairy Rd. Suite 200 Largo, FL 33777 David@visitspc.com TO THE CITY: Kevin Dunbar, Director Parks and Recreation Dept. P.O. Box 4748 Clearwater, FL 33758 Kevin.Dunbar@myclearwater.com B. Either party may change its authorized representative or address for receipt of notices by providing the other party with written notice of such change. The change shall become effective ten (I 0) days after receipt by the non-changing party of the written notice of change. 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 duly executed written modification to this Agreement. 14. GOVERNING LAW. This Agreement shall be construed in accordance with the Laws of the State of Florida. 15. IDRISDICTION AND VENUE. Venue for any action brought in state court shall be in Pinellas County, Clearwater Division. Venue for any action brought in federal court shall be in the Middle District of Florida, Tampa Division, unless a division shall be created in Pinellas County, in which case the action shall be brought in that division. Each party waives any defense, whether asserted by motion or pleading, that the aforementioned courts are an improper or inconvenient venue. Moreover, the Parties consent to the personal jurisdiction of the aforementioned courts and irrevocably waive any objections to said jurisdiction. 16. BINDING EFFECT. This Agreement shall inure to the benefit of and be binding upon the Parties' respective successors and assigns. 17. NO THIRD PARTY BENEFICIARY. Persons not a party to this Agreement may not claim any benefit hereunder or as third party beneficiaries hereto. 18. 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. 6 of 11 19. NO CONSTRUCTION AGAINST PREPARER OF AGREEMENT. This Agreement has been prepared by County and reviewed by the City and its professional advisors. The County, the City, and their professional advisors believe that this Agreement expresses their understanding and that it should not be interpreted in favor of, or against either party merely because of their efforts in preparing it. 20. 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 the Parties. 21. SEVERABILITY. Should any paragraph or portion of any paragraph of this Agreement be rendered void, invalid or unenforceable by any court of law for any reason, such determination shall not render void, invalid or unenforceable any other paragraph or portion of this Agreement. 22. FUNDING OBLIGATION. This Capital Project Funding Agreement is not a general obligation of the County. The obligations of the County as to any funding required pursuant to this Agreement shall be limited to an obligation in any given year to budget and appropriate sufficient funding that is required during that year from legally available Tourist Tax Revenues, after funding for secured obligations, essential and necessary tourism services, and Tourist Development Taxes restricted as to use by the Plan have been budgeted and appropriated. Notwithstanding the foregoing, the County shall not be prohibited from pledging any legally available Tourist Development Taxes for any obligations heretofore or hereafter incurred, which pledge shall be prior and superior to any obligation of the County pursuant to this Agreement. 23. INDEPENDENT CAPACITY. A. The Parties agree that the City its officers, agents, and employees, in perfonnance of this Agreement, will act in the capacity of an independent contractor and not as an officer, employee, or agent of the County. The City agrees to take such steps as may be necessary to ensure that any third-party City contracts with will be deemed to be an independent contractor and will not be considered or permitted to be an agent of the County. B. The City has no authority to, and shall not pledge the County's credit or make the County a guarantor of payment or surety for any contract, debt, obligation, judgment lien, or any fonn of indebtedness. 24. DAMAGES. In no event shall either party be liable to the other (nor to any person claiming any right, title, or interest derived from, or as a successor to the agreement) for incidental, consequential, or special damages of any kind, including without limitation, lost profits, or loss of business arising out of this funding agreement irrespective of whether the parties have advance notice of the possibility of such damage. 7 ofl I 25. PUBLIC RECORDS. A. The City acknowledges that information and data relating to its services may be public records in accordance with Chapter 119, Florida Statutes and Pinellas County Public Records Policies. The City agrees that prior to providing services it will implement policies and procedures to maintain, produce, secure, retain, and transfer public records in accordance with applicable laws, regulations, and County policies including but not limited to the Sec. 119.0701, Florida Statutes. Notwithstanding any other provision of this Agreement relating to compensation, the City agrees to charge the County, and/or any third parties requesting public records only such foes allowed by Section 119.07, Florida Statutes and County policy for locating and producing public records during the term of this Agreement. B. If the City has questions regarding the application of Chapter 119, Florida Statutes, to the duty to provide public records relating to this contract, contact Pinellas County Convention and Visitors Bureau (CVBNSPC) custodian of public records at 727-464-7200, Tim@visitspc.com, or send your questions by mail to: Pinellas County Convention and Visitors Bureau, Tim Ramsberger, 8200 Bryan Dairy Rd., Suite 200, Largo, FL 33777. 26. TIME IS OF THE ESSENCE. Time is of the essence with respect to all provisions of this agreement and attachments hereto that specify a time for performance; provided, however, that the foregoing shall not be construed to limit a party's grace period allowed herein. 27. SURVIVAL. The terms and obligations of Section 6, 8, 22, and 24 shall survive the termination of this agreement. <Signature page follows> 8 of 11 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly authorized representatives on the date first above written. Countersigned: By: -C(Q.Of\tf\C' ( ~ ~J George N. Cretekos Mayor Approved as to Form: By:M~~ Assistant City Attorney PINELLAS COUNTY, FLORIDA, by and through its County Administrator By: Mark S. Woodard APPROVED AS TO FORM OFFICE OF THE COUNTY ATTORNEY CITY OF CLEARWATER, FLORIDA By: ld~6 b~ William B. Horne, II City Manager Attest: By: Wfl<_{LLI{_ G4...t Rosemarie Call City Clerk APPROVED AS TO FORM By: ~\ v.iJ A 1--,,.,i Office of the County Attorney 9of 11 EXHIBIT A The Countryside Sports Complex currently consists of four multipurpose fields and accessory buildings that were constructed separately over the last 30 years. Due to this piece meal construction these buildings do not meet a suitable design and the fields are not regulation. This project allows for the addition of another regulation size athletic field as well as new storage, meeting space, concession stand and locker rooms. In addition to combining these three separate buildings into one structure we will also be renovating the press box which does not meet current ADA standards. The upgraded press box will provide universal access to all users. While making the press box ADA accessible we will also be enhancing and upgrading the technology allowing us to broadcast and live stream events. The ability to broadcast and provide a suitable space for the media creates a platfonn for the City to host national and international amateur events. The upgraded press box along with new meeting rooms and locker rooms will be a catalyst for us to attract top level amateur events from around the globe. Theses upgrades to the Cowitryside Sports Complex combined with the existing spectator seating of 1,500 will truly make this a world class amateur sporting stadium. Professional Services Estimated Cost A. Architect & Engineering $ 225,000 B. Surveying $ 43,000 Total Professional Services $ 268,000 ' S'tc Deve!onment A. Demolition $ 181,625 Total Site Development $ 181,625 Construction A. Outside Contractors (construct building) $ 2,511,500 B. Site work $ 1,161,733 c. Capital assets $ 88,500 D. Landscaping-(includes new athletic turf and irrigation system) $ 214,123 Total Construction $ 3,975,856 Subtotal $ 4,425,481 15% Contingency $ 663,822 TOTAL $ 5,089,303 PROJECT REQUEST FROM TDC $ 1,900,000 CITY OF CLEAR WATER CASH MATCH $ 3, I 89,303 10 of 11 EXHIBITB In consideration of the tourist tax capital funding support for the Eddie C. Moore Softball Complex and the Countryside Sports Complex, the City shall at a minimum provide the following Tourism Promotion Benefits to support promotion and marketing efforts for the destination from the Effective Date through September 30, 2028: 1) A 50% discount on field rental and other City charges for all VSPC sponsored or co-sponsored sports events, games, training or other sports activities ("Events") held or conducted at any City athletic facility. 2) Locations for permanently installed year-round VSPC signage (paid for by VSPC) prominently displayed at each City athletic facility that hosts VSPC sports Events as mutually determined by the City and VSPC staffs as to exact quantity and placement, in areas that shall include but shall not be limited to outfield fences, dugouts, backstops and other team and spectator areas. 3) PA announcements at Events that promote/market the destination as mutually delennined by the City and VSPC staffs. 4) Joint destination marketing/promotion campaigns and act1v1t1es through social media, advertising, direct sales, public relations and/or other programs as mutually agreed upon by the parties. These Tourism Promotion Benefits are a condition precedent to the capital funding to support and expand sports related tourism, and the City and VSPC staffs shall meet as often as needed to agree on the specific schedules and details of destination marketing/promotion activities as described herein. 11 of 11 1 of 2 FIRST AMENDMENT This Amendment made and entered into this _____ day of _______________, 2020, by and between Pinellas County, a political subdivision of the State of Florida (“County”) and the City of Clearwater, a Florida Municipal Corporation (“City”) (collectively, the “Parties” or individually a “Party”). WITNESSETH: WHEREAS, the County and City entered into a Capital Project Funding Agreement on October 2, 2017 (hereinafter “Agreement”), pursuant to which County agreed to provide City funding for improvements to the Countryside Sports Complex (“Project”); and WHEREAS, pursuant to Section 5 of the Agreement, payments to the City for the Project must be made during Fiscal Years 2018 and 2019; and WHEREAS, due to Project delays the payments were unable to be made during this time; and WHEREAS, the City has requested the Agreement be amended to allow payment in Fiscal Years 2020 and 2021; NOW THEREFORE, the Parties agree that the Agreement is amended as follows: 1. Section 3 of the Agreement is amended in its entirety to read: “The term of this Agreement shall commence on the Effective Date and continue in full force and effect through September 30, 2021 (“Term”), unless otherwise terminated as provided herein.” 2. Section 5.A. of the Agreement is amended in its entirety to read: “Reimbursement Payments in a total amount not to exceed One Million Nine Hundred Dollars ($1,900,000.00) shall be made in two annual Fiscal Year payments of approximately Nine Hundred and Fifty Thousand Dollars ($950,000.00) per Fiscal Year. The payments shall be made during the County’s FY 2020 and FY 2021 which commence on October 1 and end on September 30 of the fiscal year, upon receipt of a written payment request from the City directed to the VSPC at the address set out in Section 12.A., with such documentation as required herein and any additional documentation required by the VSPC Director. At a minimum, the payment request shall include documentation detailing (i) the work completed that the City is seeking reimbursement for; (ii) proof of payment for the work; (iii) a certification from the either the contractor, design professional, or the City certifying the work has been completed and paid for before submittal of the payment request. The payment requests shall be no more than quarterly after compliance with the requirements of Section 4 herein.” 3. Section 6.D. and Exhibit B of the Agreement are amended to extend the provision of Tourism Promotion Program benefits through September 30, 2029. 4. Except as changed or modified herein, all provisions and conditions of the original Agreement shall remain in full force and effect. Each party to this Amendment represents and warrants that: (i) it has the full right and authority and has obtained all necessary approvals to enter into this Amendment; (ii) each person executing this Amendment on behalf of the Party is authorized to do so; (iii) this Amendment; constitutes a valid and legally binding obligation of the Party, enforceable in accordance with its terms. 2 of 2 IN WITNESS WHEREOF the parties herein have executed this First Amendment as of the day and year first written above. Pinellas County by and through its County Administrator By: Barry A. Burton Countersigned: CITY OF CLEARWATER, FLORIDA __________________________ By: _________________________ Frank Hibbard William B. Horne, II Mayor City Manager 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#20-8065 Agenda Date: 8/6/2020 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 7.5 SUBJECT/RECOMMENDATION: Approve a Management Agreement between the City of Clearwater (City) and the Clearwater Community Sailing Center Association, Inc. (Sailing Center Association) for use of the building and property located at 1001 Gulf Boulevard from August 1, 2020 through February 29, 2024 and authorize the appropriate officials to execute same. (consent) SUMMARY: Staff recommends that the City enter into this Management Agreement with the Sailing Center Association, a 501c3 nonprofit organization, where the Sailing Center Association will manage the premises of the City at 1001 Gulf Boulevard. The City and the Sailing Center Association initially entered into an agreement in 2002, and since then, the City and Sailing Center Association worked together to offer services that benefit the community. The Sailing Center Association provides local residents and visitors a variety of services including providing safe, enriching, and affordable sailing opportunities for all ages and abilities. The Sailing Center Association will pay rent of $1,459.33 monthly to the City with a consumer price index increase to be added to the rent on March 1 of each year of this Agreement. The City may terminate this Agreement for any municipal need by providing 60 days written notice. The City will be responsible for the maintenance of foundation, outer walls, roof, piers, docks, life cycle replacement of the heating/air-conditioner system, and other major capital improvements required for the premises. The Sailing Center Association will be responsible for routine daily maintenance of the facility and minor repairs to bathrooms, hallways, rental rooms, offices, lights, etc. The Sailing Center Association is also responsible for all day to day operations of the center including programming of the facilities in accordance with their business plan made a part of this Agreement. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 8/6/2020 1 CLEARWATER COMMUNITY SAILING CENTER MANAGEMENT AGREEMENT THIS MANAGEMENT AGREEMENT entered into on this _____ day of August, 2020, by the City of Clearwater, Florida (“City”) and Clearwater Community Sailing Association, Inc., (“Manager”). WHEREAS, the City owns the real property and improvements consisting of approximately 3,658 square feet, located at 1001 Gulf Boulevard, Clearwater, FL 33767, hereinafter referred to as the “Clearwater Community Sailing Center”; and two (2) additional tracts of land, all of which located in Clearwater, Florida. Such property is more particularly described in Exhibit A, attached hereto and incorporated by reference as part of this Agreement. Such property shall hereinafter be referred to as the "Premises"; and WHEREAS, the Manager agrees to manage the Premises under the terms and conditions described in this M anagement Agreement; and WHEREAS, the Parties have previously and continuously entered into agreements for the management of the Premises since 2002; and WHEREAS, the Parties mutually desire to enter into a new agreement for the management of the Premises; and NOW, THEREFORE, the P arties hereto agree that the above terms, recitals, and representations are true and accurate and are incorporated herein by reference, and the Parties further agree as follows: 1. MANAGEMENT TERM The term of this A greement shall begin on August 1, 2020 and end on February 29, 2024. This Agreement shall supersede all prior management agreements. Since March 1, 2019, the Parties have been operating on a month-to-month basis in accordance with the terms and conditions of the previous Management Agreement (Term: March 1, 2014 thru February 28, 2019). The Parties hereby accept, acknowledge, and agree to be bound by the terms and conditions of that previous Management Agreement (Term: March 1, 2014 thru February 28, 2019), from March 1, 2019 until July 31, 2020. The City, in addition to any other right of termination as set forth herein, may terminate this Management Agreement for any municipal need as determined by the City Council, by providing sixty (60) days written notice. Notwithstanding any provision to the contrary, in the event the Parties have not memorialized in writing the renewal or termination of this Management Agreement prior to the expiration date, this Management Agreement shall continue on a month -to-month basis in 2 accordance with the existing terms and conditions, until such time as th is Management Agreement is renewed or terminated in writing as provided for herein. 2. RENT. Base rent: Manager agrees to pay the City as rent during the initial term of this Agreement the sum of seventeen thousand five hundred eleven dollars and ninety-six cents ($17,511.96) annually, payable in equal monthly installments of one thousand four hundred fifty-nine dollars and thirty-three cents ($1,459.33) per month, and payable in advance at the beginning of each successive monthly rental period. A consumer price index (CPI) increase will be added to the rent payment on March 1st of each year of this Agreement. The increase will be based on the Consumer Price Index for all Urban Consumers (CPI-U) South Urban area, for the twelve-month period ending December 31st. Additionally, Manager shall pay sales tax on all taxable collected payments. Manager shall pay rent and any additional rent as hereinafter provided to City at such place as City may designate in writing, without demand and without counterclaim, deduction or setoff. 3. USE OF PREMISES The P remises, as described in Exhibit A, are to be used by M anager solely for the purposes and in the manner set forth in the business plan (Exhibit C), which is attached hereto and incorporated by reference, subject to the City's reserved right to issue "fishing" permits allowing holders thereof to use specifically identified areas of the managed premises for fishing, subject to reasonable rules and regulations established by manager and approved by City. No other use of the Premises is allowed without the written consent of the City. 4. UTILITIES Water, sewer, electric and all other utilities of any kind shall be billed directly to M anager and are or shall be individually metered for the subject premises. All deposits for such utilities shall be the sole responsibility of Manager. 5. BUILDING AND COMMON AREA MAINTENANCE AND PROPERTY TAXES Manager shall be responsible for routine building maintenance. The routine maintenance of the Property's common areas, such as but not limited to, hallways, bathrooms, rental rooms, offices, etc., shall be the responsibility of Manager. If Manager fails to maintain the Property's common areas in a satisfactory manner, seven (7) calendar days after the City has provided Manager written notice of the City's dissatisfaction with the Property's common area maintenance, and if the maintenance of the common areas has not improved to standard amenable solely to the City within the seven (7) calendar days after receipt of such notice, then at the City's sole discretion, the City may procure maintenance services for such common areas on 3 Manager's behalf. The cost of which, shall be the responsibility of Manager. The Manager is responsible for paying the property taxes if applicable. 6. OBSERVANCE OF LAWS AND ORDINANCES Manager agrees to observe, comply with and execute promptly at its expense during the term hereof, all laws, rules, requirements, orders, directives, codes, ordinances and regulations of governmental authorities and agencies and of insurance carriers which relate to its use or occupancy of the Premises. 7. ASSIGNMENT OR SUBAGREEMENT Manager shall not, without first obtaining the written consent of City, assign, mortgage, pledge, or encumber this Agreement, in whole, or in part, or sublet the premises or any part thereof. The City expressly covenants that such consent to sublet shall not be unreasonably or arbitrarily refused. This covenant shall be binding on the legal representatives of M anager, and on every person to whom Manager's interest under this A greement passes by operation of law, but it shall not apply to an assignment or subletting to the parent or subsidiary of a corporate manager or to a transfer of the agreement hold interest occasioned by a consolidation or merger involving such manager. If the Premises are sublet or occupied by anyone other than M anager, and M anager is in default hereunder, or if this M anagement Agreement is assigned by the Manager, the City may collect rent from the assignee, subtenant, or occupant, and apply the net amount collected to the rent herein reserved. No such collection shall be deemed a waiver of the covenant herein against assignment and subletting, or the acceptance of such assignee, subtenant, or occupant as manager, or a release of manager from further performance of the covenants herein contained. 8. ALTERATIONS AND IMPROVEMENTS Manager shall not make any structural alterations or modifications or improvements which are part of the managed property without the written consent of the City, and any such modifications or additions to said property shall become the property of the City upon the termination of this A greement or, at City's option, the M anager shall restore the managed property at Manager's expense to its original condition. The restrictions of this paragraph shall not apply to maintenance of the managed property, but shall apply to any change which changes the architecture or purpose of the property or which changes any of the interior walls of the improvements or which annexes a fixture to any part of the managed property which cannot be removed without damage thereto. In the event Manager desires to make any alterations or modifications, written notice shall be given to the City. Unless the City objects to such proposals by notice to Manager within twenty (20) days after written notice from Manager, the proposal shall be deemed approved. Manager shall have no power or authority to permit mechanic's or materialmen's liens to be placed upon the managed property in connection with maintenance, alterations or modifications. Manager 4 shall, within fifteen (15) days after notice from City, discharge any mechanic's liens for materials or labor claimed to have been furnished to the Premises on Manager's behalf. Not later than the last day of the term, Manager shall, at M anager's expense, remove all of Manager's personal property and those improvements made by Manager which have not become the property of City, including trade fixtures and the like. All property remaining on the P remises after the last day of the term of this A greement shall be conclusively deemed abandoned and may be removed by City, and Manager shall reimburse City for the cost of such removal. 9. RISK OF LOSS All personal property placed or moved in the Premises shall be at the risk of the Manager or owner thereof. The City shall not be responsible or liable to the Manager for any loss or damage that may be occasioned by or through the acts or omissions of persons occupying adjoining premises or any part of the premises adjacent to or connected with the premises hereby managed or any part of the building which the managed premises are a part of or any loss or damage resulting to the manager or its property from bursting, stopped up or leaking water, gas, sewer or steam pipes unless the same is due to the negligence of the City, its agents, servants or employees. 10. RIGHT OF ENTRY The City, or any of its agents, shall have the right to enter said Premises during all reasonable hours, to examine the same to make such repairs, additions or alterations as may be deemed necessary for the safety, comfort, or preservation thereof, or of said building, or to exhibit said P remises. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions, which do not conform to this Agreement. 11. RESTORING PREMISES TO ORIGINAL CONDITION Except those repairs previously communicated by Manager to City, Manager represents that the premises managed are in good, sanitary and tenantable condition for use by M anager. Manager's acceptance or occupancy of the managed premises shall constitute recognition of such condition. Except for those repairs previously communicated, Manager hereby accepts the premises in the condition they are in at the beginning of this A greement and agrees to maintain said premises in the same condition, order, and repair as they are at the commencement of said term, and to return the premises to their original condition at the expiration of the term, excepting only reasonable wear and tear arising from the use thereof under this Agreement. The Manager agrees to make good to said City immediately upon demand, any damage to water apparatus, or electric lights or any fixture, appliances or appurtenances of said premises, or of the walls or the building caused by any act or neglect of Manager or of any person or persons in the employ or under the control of the Manager. 5 12. INSURANCE Manager agrees to comply with all terms, provisions and requirements contained in Exhibit "B" attached hereto and made a part hereof as if said document were fully set forth at length herein. 13. MAINTENANCE City shall keep the foundation, outer walls, roof and buried conduits of the premises, including existing buildings, piers, and docks in good repair, except that the City shall not be called on to make any such repairs occasioned by the negligence of the Manager, its agents, express or implied invitees, or employees. City shall maintain the city owned property outside the fence from the sailing center building up to the bridge, while the Manager will be responsible for the upkeep of the property within the fenced in area. Manager shall keep the inside of said premises and the interior doors, windows and window frames of said premises in good order, condition and repair and shall also keep the premises in a clean, sanitary and safe condition in accordance with law and in accordance with all directions, rules and regulations of governmental agencies having jurisdiction. Manager shall be responsible for providing all light bulbs used on the premises. The plumbing facilities shall not be used for any other purposes than that for which they are constructed and no foreign substances of any kind shall be thrown therein, and the expense of any breakage, stoppage or damage resulting from the violation of this provision shall be borne by the Manager. Routine maintenance of the heating and air conditioning system and plumbing facilities shall be under the control of the M anager, and M anager agrees that all routine operation, upkeep, and repairs will be at Manager's expense, except where the repairs shall be caused by the negligence or misuse by City or its employees, agents, invitees, or licensees, or by catastrophic failure, or in the event of expected life cycle replacement. In the event City pays any monies required to be paid by M anager hereunder, City shall demand repayment of same from the Manager and the Manager shall make payment within ten (10) days of receipt of said demand. Manager's failure to make such repayment within the ten (10) day period shall constitute default under the terms of this Agreement. City will assume responsibility for life cycle replacement of the heating/air-conditioning system, provided routine monthly maintenance has been performed. City will assume responsibility for life cycle replacement of the elevator, provided routine monthly maintenance has been performed. 14. DESTRUCTION OF PREMISES In the event that the building should be totally destroyed by fire, earthquake or other cause, to such an extent that it cannot be rebuilt or repaired within sixty (60) days after the date of such destruction, this Management Agreement shall be terminated. In the event that the 6 building should be partially damaged by fire, earthquake or other cause, but only to such an extent that it can be rebuilt or repaired within sixty (60) days after the date of such destruction, the Management Agreement shall be void or voidable, but not terminated, except as otherwise provided herein. If the City intends to rebuild or repair the premises, it shall, within fifteen (15) days after the date of such damage, give written notice to M anager of the intention to rebuild or repair and shall proceed with reasonable diligence to restore the building to substantially the same condition in which it was immediately prior to the destruction. However, City shall not be required to rebuild, repair or replace any improvements or alterations made by M anager within the building. During the period of rebuilding or repairing, there shall be no diminution of rents. If, after rebuilding or repairing has commenced, such rebuilding or repairing cannot be completed within sixty (60) days after the date of such partial destruction, the City may either terminate the agreement or continue with the agreement with a proportional rent rebate to Manager. If City undertakes to rebuild or repair, Manager shall, at its own expense, restore all work required to be done by such manager under this Agreement. 15. EMINENT DOMAIN If the whole or any part of the premises hereby managed shall be taken by any public authority under power of eminent domain, then the term of this Management Agreement shall cease on the part so taken from the date title vests pursuant to such taking, and the rent and any additional rent shall be paid up to that day, and if such portion of the demised premises is so taken as to destroy the usefulness of the premises for the purpose for which the premises were managed, then from that day the Manager shall have the right to either terminate this M anagement A greement or to continue in possession of the remainder of the same under the terms herein provided, except that the rent shall be reduced in proportion to the amount of the premises taken. The P arties agree that the Manager shall not be entitled to any damages by reason of the taking of this A greement, or be entitled to any part of the award for such taking, or any payment in lieu thereof. 16. SUBORDINATION This A greement and the rights of the Manager hereunder are hereby made subject and subordinate to all bona fide mortgages now or hereafter placed upon the said premises by the City and any other owner provided, however, that such mortgages will not cover the equipment and furniture or furnishings on the premises owned by the Manager. The Manager further agrees to execute any instrument of subordination, which might be required by mortgagee of the City. 17. DEFAULT; REMEDIES (a) The Manager further covenants that, if default shall be made in the payment of rent, or any additional rent, when due, or if the Manager shall violate any of the other covenants of this A greement and fail to correct such default within fifteen (15) days after a written request by 7 the City to do so, then the City may, at its option, deem this A greement terminated, accelerate all rents and future rents called for hereunder and Manager shall become a tenant at sufferance, and the City shall be entitled to obtain possession of the premises as provided by law. (b) In case the managed property shall be abandoned, as such term is defined by Florida Statutes, the City, after written notice as provided by Florida Statutes to the Manager, City may (i) re-enter the premises as the agent of the manager, either by force or otherwise, without being liable to any prosecution or claim therefore, and may relet the managed property as the agent of the manager and receive the rent therefore and apply the same to the payment of such expenses as City may have incurred in connection with the recovery of possession, reduction, refurbishing or otherwise changing or preparing for reletting, including brokerage and reasonable attorney's fees. Thereafter, it shall be applied to the payment of damages in amounts equal to the rent hereunder and to the cost and expenses of performance of the other covenants of Manager as provided herein; or (ii) the City may, at its option, terminate this Agreement by giving the Manager fifteen (15) days' written notice of such intention served upon the Manager or left upon the managed property, and the term hereof shall absolutely expire and terminate immediately upon the expiration of said fifteen (15) day period, but the Manager shall nevertheless and thereafter be liable to the City for any deficiency between the rent due hereunder for the balance of the term of this Agreement and the rent actually received by City from the managed property for the balance of said term. (c) The City, at its option, may terminate this A greement as for a default upon the occurrence of any or all of the following events: an assignment by Manager for the benefit of creditors; or the filing of a voluntary or involuntary petition by or against Manager under any law for the purpose of adjudicating manager bankruptcy; or for reorganization, dissolution, or arrangement on account of or to prevent bankruptcy or insolvency; or the appointment of a receiver of the assets of M anager; or the bankruptcy of the Manager. Each of the foregoing events shall constitute a default by Manager and breach of this Agreement. 18. MISCELLANEOUS (a) The City shall have the unrestricted right of assigning this A greement at any time, and in the event of such assignment, the City shall be relieved of all liabilities hereunder. (b) This contract shall bind the City and its assigns or successors, and the Manager and assigns and successors of the Manager. (c) It is understood and agreed between the Parties hereto that time is of the essence of this Agreement and this applies to all terms and conditions contained herein. (d) It is understood and agreed between the Parties hereto that written notice sent by certified or registered mail, or hand delivered to the Manager’s office shall constitute sufficient 8 notice to the M anager, and written notice sent by certified or registered mail or hand delivered to the office of the City shall constitute sufficient notice to the City. (e) The rights of the City under this Agreement shall be cumulative, and failure on the part of the City to exercise promptly any rights given hereunder shall not operate to forfeit any of the said rights. (f) It is hereby understood and agreed that manager shall use no signs in connection with the premises hereunder, except inside the building, which signs shall be subject to the prior approval of the City. All signage must comply with City ordinances. (g) It is understood that no representations or promises shall be binding on the Parties hereto except those representations and promises contained herein or in some future writing signed by the party making such representations or promises. (h) It is hereby agreed that if any installment of rent or any other sum due from Manager is not received by City within five (5) days after such amount shall be due, Manager shall pay to City a late charge equal to five percent (5%) of such overdue amount. The City shall not be required to accept any rent not paid within five (5) days subsequent of the date when due absent the simultaneous payment of this late charge. The requirement for a late charge set out herein shall not be construed to create a curative period or a grace period for the timely payment of rent. (i) Consumption of alcoholic beverages is to be confined to the fenced-in area of the Sailing Center, with appropriate signage and enforcement to prevent alcoholic beverages from being removed from the premises. (j) The sale of alcoholic beverages must be in accordance with applicable City Code of Ordinances and Florida State law. Manager agrees to obtain all necessary permits in accordance with applicable City Code of Ordinances and Florida State law. (k) The Manager shall submit an annual report of all operations, including but not limited to, number of classes held, number of participants served, number of members, programs conducted, races held, budget including expenses, revenue, and capital expenditures. The City reserves the right to require a certified public accountant audit at any time during the term of the lease. 19. SUBROGATION The City and M anager agree that each will cause its policies of insurance for fire and extended coverage to be so endorsed as to waive any rights of subrogation which would be otherwise available to the insurance carriers, by reason of any loss or damage to the managed property or property of City. Each party shall look first to any insurance in its favor before making any claim against the other party. Nothing contained herein shall in any way be 9 considered or construed as a waiver or re-agreement by the City of any and all of the other covenants and conditions contained in this Agreement to be performed by the Manager. 20. PARKING SPACES Manager shall have the right to use and control any and all non-metered legal parking spaces/areas on or about the managed premises subject to the needs of the City for special events deemed necessary for official city business. All metered parking spaces/areas are under the exclusive use and control of the City; provided, however, that the City will attempt to accommodate Manager for parking at metered parking spaces/areas during Manager’s special events and such accommodation will not be unreasonably withheld. The City agrees to cooperate with Manager in obtaining any and all permits for use and/or construction of parking spaces/areas within the bounds of the management agreement area. The City acknowledges the importance of the 56 non-metered parking spaces and the unpaved parking area between the non- metered and metered parking areas (the “CCSC Parking Space”) to the successful operation of the Clearwater Community Sailing Center. The City agrees it will consult with Manager prior to proposing the conversion of any of CCSC Parking Space to metered spaces and the City will be accommodating and reasonable with respect to the needs of the Clearwater Sailing Center for non-metered parking spaces in any such proposal. 21. IDEMNIFICATION The Manager shall act as an independent contractor and agrees to assume all risks of providing the program activities and services herein agreed and all liability thereof, and shall defend, indemnify, and hold harmless the City, its officers, agents, and employees from and against any and all claims of loss, liability, and damages of whatever nature, to persons and property, including, without limiting the generality of the foregoing, death of any person and loss of the use of any property, except claims arising from the negligence or willful misconduct of the City or City's agents or employees. This includes, but is not limited to, matters arising out of or claimed to have been caused by or in any manner related to the Manager's activities or those of any approved or unapproved invitee, contractor, subcontractor, or other person approved, authorized, or permitted by the Manager in or about its premises whether or not based on negligence. Nothing contained herein shall be construed as a waiver of any immunity from or limitation of liability the City may be entitled to under the doctrine of sovereign immunity or section 768.28, Florida Statutes. Manager agrees to pay on behalf of the City, and to pay the cost of the City's legal defense, as may be selected by the City, for all claims described in this section. Such payment on behalf of the City shall be in addition to any and all other legal remedies available to the City and shall not be considered to be the City's exclusive remedy. This section shall survive the termination of this Agreement. 10 22. “AS IS” CONDITION The Manager accepts the managed premises on an "as is" basis, and City shall have no obligation to improve or remodel the managed premises, except as set forth above at paragraph 14. 23. CONSTRUCTIVE EVICTION Manager shall not be entitled to claim a constructive eviction from the premises unless Manager shall have first notified City in writing of the condition or conditions giving rise thereto and, if the complaints be justified, unless City shall have failed within a reasonable time after receipt of such notice to remedy such conditions. 24. CLEAN UP EXPENSES Extraordinary expenses for cleanup or trash removal for major regattas or non-routine functions shall be the expense of the Manager. 25. SEVERANCE The invalidity or unenforceability of any portion of this Agreement shall in nowise affect the remaining provisions and portions hereof. 26. CAPTIONS The paragraph captions used throughout this A greement are for the purpose of reference only and are not to be considered in the construction of this A greement or in the interpretation of the rights or obligations of the parties hereto. 27. NO HAZARDOUS MATERIALS The Manager herewith covenants and agrees that no hazardous materials, hazardous waste, or other hazardous substances will be used, handled, stored or otherwise placed upon the property or, in the alternative, that such materials, wastes or substances may be located on the property, only upon the prior written consent of the City hereunder, and only in strict accord and compliance with any and all applicable. state and federal laws and ordinances. In the event such materials are utilized, handled, stored or otherwise placed upon the property, manager expressly herewith agrees to indemnify and hold City harmless from any and all costs incurred by City or damages as may be assessed against City in connection with or otherwise relating to said hazardous materials, wastes or substances at any time, without regard to the term of this Agreement. This provision shall specifically survive the termination hereof. 11 28. CONFORMANCE WITH LAWS Manager agrees to comply with all applicable federal, state and local laws during the life of this Agreement. Manager agrees to obtain all necessary permits in accordance with applicable City Code of Ordinances and Florida State law. 29. ATTORNEY’S FEES In the event that either party seeks to enforce this Agreement through attorneys at law, then the parties agree that each party shall bear its own attorney fees and costs. 30. GOVERNING LAW The laws of the State of Florida shall govern this Agreement, and any action brought by either party shall lie in Pinellas County, Florida. 31. RADON GAS The following notice is given to comply with Section 404.056(5), Florida Statutes: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. 32. FORCE MAJEURE This Agreement and the obligation of Manager to pay rent and additional rent hereunder and to perform all of the other covenants and agreements hereunder on part of Manager to be performed shall not be affected, impaired or excused because City is unable or delayed in supplying any service, or is unable to make or is delayed in making any repairs, additions, alterations or decorations, or is unable to supply or is delayed in supplying any equipment or fixtures, if City is prevented or delayed from so doing by reason of a strike or labor trouble, or governmental preemption in connection with a National Emergency or in connection with any rule, order or regulation of any department or subdivision thereof or of any governmental agency, or by reason of the condition of supply and demand which have been or are affected by war or other emergency, or by any Act of God or other condition beyond the control of City. 33. PUBLIC RECORDS. This Agreement is subject to the Public Records Law of the State of Florida, including Chapter 119, Florida Statutes. Manager agrees and acknowledges that any books, documents, records, correspondence or other information kept or obtained by City, or furnished by Manager to City, in connection with this Agreement or the services contemplated herein, and any related records, are public records subject to inspection and copying by members of the public pursuant 12 to applicable public records law, including Chapter 119, Florida Statutes. City may terminate this Agreement at any time for Manager’s refusal to allow public access to all documents, papers, letters, materials subject to the provisions of Chapter 119, Florida Statutes, and made or received by either party in conjunction with this Agreement. IN WITNESS WHEREOF, the City and Manager have caused this instrument to be signed by their respective duly authorized officers and dated below. Clearwater Community Sailing Association, Inc. By: Print Name: Title: Date: _________________________________ Countersigned: CITY OF CLEARWATER, FLORIDA ___________________________ ________________________________ Frank Hibbard William B. Horne II Mayor City Manager Date: ______________________ Approved as to form: Attest: ___________________________ ________________________________ Owen Kohler Rosemarie Call Assistant City Attorney City Clerk 13 EXHIBIT A CLEARWATER COMMUNITY SAILING CENTER: Commence at the Southwest corner of SECTION 17, TOWNSHIP 29 SOUTH, RANGE 15 EAST, run N.89°10'31"E., 843.47 feet; thence run N.42°13'31" E., 886.07 feet; thence run S.47°46'29"E., 50.00 feet to the Point of Beginning; thence run N.42°13'31"E., 630.00 feet; thence run S.47°46'29"E., 200.00 feet plus or minus to the Mean High Water Line of Clearwater Harbor; thence run along said Mean High Water Line to a Point, Said Point being the intersection of the Mean High Water Line and a Line having a Bearing of S.47°46'29"E., from the Point of Beginning; thence run N.47°46'29"W., 237.00 feet plus or minus to the Point of Beginning. (“Clearwater Community Sailing Center”). (Yellow shaded area “1” on aerial map.). TWO (2) ADDITIONAL TRACTS OF LAND: Commence at the Southwest Corner of Section 17, Township 29 South, Range 15 East; thence N89°10'31"E, along the South boundary of said section 17, a distance of 843.47 feet to the centerline of Gulf Boulevard; thence N42°13'31"E, along said centerline, a distance of 886.07 feet; thence leaving said centerline S47°46'29"E, 50.00 feet, to the Easterly Right-of-Way line of Gulf Boulevard; thence N42°13'31"E, along said Easterly Right-of-Way line, a distance of 630.00 feet, to the Point of Beginning; thence continue N42°13'13"E, along said Easterly Right- of-Way line, a distance of 100 feet; thence leaving said Easterly Right-of-Way, S47°46'29"E, to the Mean High Water Line of Clearwater Harbor; thence along said Mean High Water Line to a point on a line lying S.47°46'29”E. of the Point of Beginning; thence N.47°46’29”W., along said line, to the Point of Beginning. (Yellow shaded area “2” on aerial map.). Commence at the Southwest corner of Section 17, Township 29 South, Range 15 East; thence N89°10'31"E along the South boundary of said Section 17, a distance of 843.47 feet to a point of intersection with the centerline of Gulf Boulevard Right-of-Way; thence N42°13'31"E along the centerline of said Right-of-Way a distance of 1983.25 feet to a point of curvature; thence along a curve to the left, said curve also being the centerline of the said Right-of-Way, having a chord bearing of N34°49'43"E, a radius of 1909.86 feet, a central angle of 14°47'32", an arc length of 493.07 feet, and a chord length of 491.71 feet to the Point of Beginning; thence N57°35'40"W along a non-radial line a distance of 50.19 feet to the point of cusp, of a non - tangent curve, said point also being on the west Right-of-Way line of Gulf Boulevard; thence along a curve to the left, said curve also being the said west Right-of-Way line of chord bearing of N25°58'24"E, a radius of 1859.86 feet, a central angle of 2°38'32", an arc length of 85.77 feet, and a chord length of 85.76 feet; thence S61°44'07"E along a non-radial line a distance of 137.96 feet; thence S25°51'33'W a distance of 95.81 feet; thence N57°35'40"W along a non-radial line a distance of 88.73 feet to the aforementioned Point of Beginning. (Yellow shaded area “3” on aerial map.). GULF BLVD AERIAL MAP Legend Sailing Ce nte r Mg mt Agt Parcels (Clearwater) SAND KEY PA RK Aerial Flown 2019 Document Path: C:\Users\Christopher.Melone\City of Clearwater\Engineering G eographic Technology - Documents\GIS\_Staff\Chris\Projects\C ity\ParksRec\SailingCenteRM gm tAgtLegall_Map.m xd ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myr tle Ave, Clear water, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com N.T.S.Scale: 2020 Sailing CenterManagement Agreem ent Page: 2 of 27/17/2020Date:269BGrid #:10-29s-15eS-T-R:CRMMap Gen By:TMReviewed By: 1 2 3 15 EXHIBIT B INSURANCE AND RISK OF LOSS LOSS CONTROL/SAFETY Precaution shall be exercised at all times by M anager for the protection of all persons, including employees, and property. Manager shall be expected to comply with all laws, regulations or ordinances related to safety and health and shall make special effort to detect hazardous conditions and shall take prompt action where loss control/safety measures should reasonably be expected. The City may order work to be stopped if conditions exist that present immediate danger to persons or property. Manager acknowledges that such stoppage will not shift responsibility for any damages from M anager to the City. BASIC COVERAGES REQUIRED Manager shall procure and maintain the following described insurance, except for coverage specifically waived by the City, on policies and with insurers acceptable to the City. These insurance requirements shall not limit the liability of Manager. The City does not represent these types or amounts of insurance to be sufficient or adequate to protect Manager's interests or liabilities but are merely minimums. Such coverages shall protect Manager from claims for damages for personal injury, including accidental death, as well as any party directly or indirectly employed by Manager. Except for workers' compensation and professional liability, Manager's insurance policies shall be endorsed to name the City as an additional insured to the extent of the City's interests arising from this Agreement. Except for workers' compensation, Manager waives its right of recovery against the City, to the extent permitted by its insurance policies. Manager's deductibles/self-insured retentions shall be disclosed to the City and may be disapproved by the City. They shall be reduced or eliminated at the option of the City. Manager is responsible for the amount of any deductible or self-insured retention. Insurance required of Manager or any other insurance of Manager shall be considered primary, and insurance of the City shall be considered excess, as may be applicable to claims which arise out of the Hold Harmless, Payment on Behalf of City, Insurance, Certificates of Insurance and any Additional Insurance provisions of this Agreement. Where no specific limit of coverage is mentioned in this Agreement, the minimum limit of insurance coverage required by the City shall be $1,000,000. 16 Workers Compensation Coverage Manager shall purchase and maintain statutory workers compensation insurance for all workers compensation obligations imposed by state law and employer's liability limits of at least $100,000 each accident and $100,000 each employee/$500,000 policy limit for disease. Manager shall also purchase any other coverage required by law for the benefit of employees. General, Automobile, and Excess o r Umbrella Liability Coverage Manager shall purchase and maintain coverage on forms no more restrictive than the latest editions of the Commercial General Liability and Business Auto policies of the Insurance Services Office. Minimum limits of $500,000 per occurrence for all liability must be provided, with excess or umbrella insurance making up the difference, if any, between the policy limits of underlying policies and the total amount of coverage required. Commercial General Liability Coverage – Occurrence Form Required Coverage A shall include bodily injury and property damage liability for premises, operations, products and completed operations, independent contractors, contractual liability, and liquor liability covering this Agreement, broad form property damage, and property damage resulting from explosion collapse or underground (x, c, u) exposures. Coverage B shall include personal injury. Coverage C, medical payments, is not required. Manager is required to continue to purchase products and completed operations coverage, at least to satisfy this Agreement, for a minimum of three (3) years beyond the City's acceptance of any renovation or construction projects. Minimum limits of $500,000 per occurrence for all liability must be provided, with excess or umbrella insurance making up the difference, if any, between the policy limits of underlying policies and the total amount of coverage required. Business Auto Liability Coverage Business Auto Liability coverage is to include bodily injury and property damage arising out of ownership, maintenance or use of any auto, including owned, non-owned and hired automobiles and employee non-ownership use . Excess or Umbrella Liability Coverage 17 Umbrella Liability insurance is preferred, but an Excess Liability equivalent may be allowed. Whichever type of coverage is provided, it shall not be more restrictive than the underlying insurance policy coverage. Excess or Umbrella Liability insurance shall include bodily injury and property damage coverage. Manager shall purchase and maintain Excess or Umbrella Liability coverage over and above its other liability coverage in the amount of $500,000. Property Coverage for Premises The City shall maintain for the life of the Agreement, all risk/special perils (including sinkhole) property insurance (or its equivalent) to cover loss resulting from damage to or destruction of the Premises and its improvements, and any attached personal property or contents belonging to the City. The City, at its option, may self-insure this exposure. Flood Insurance City shall procure and maintain flood insurance either for the insured value of any buildings or structures located on the managed premises or the maximum amount of flood insurance available through the National Flood Insurance Program. EVIDENCE/CERTIFICATES OF INSURANCE Required insurance shall be documented in Certificates of Insurance that provide that the City shall be notified in advance of cancellation, non-renewal or adverse change. New Certificates of Insurance are to be provided to the City at least 15 days prior to coverage renewals. If requested by the City, M anager shall furnish complete copies of M anager's insurance policies, forms and endorsements. For Commercial General Liability coverage, Manager shall, at the option of the City, provide an indication of the amount of claims payments or reserves chargeable to the aggregate amount of liability coverage. Receipt of certificates or other documentation of insurance or policies or copies of policies by the City, or by any of its representatives, which indicate less coverage than required does not constitute a waiver of Manager's obligation to fulfill the insurance requirements herein. Business Plan 2020-2024 Summary The Clearwater Community Sailing Center is seeing the reality of becoming the area’s, if not the state’s, premier waterfront facility. CCSC has used sailing as its foundation and has expanded its programs into other areas of non-motorized boating and other water sport activities. The location of the center with the protected harbor and access to the Gulf makes it a desirable location for all skill levels, from beginner to highly skilled competitors. It is an ideal area for regattas and local competitive training facility for Olympic class sailors. By continuing to expand our programs and partner with other organizations, our reputation as a desired watersports venue will continue to grow. With that growth we will be able to serve our local community with greater impact, with more versatility, and maintain financial health and sustainability. Mission Statement The Mission of the Clearwater Community Sailing Center is to provide safe, enriching and affordable sailing opportunities to local residents and visitors, including youth, seniors and the disabled for the enjoyment and benefit of our entire community. Vision CCSC will become the premier non-motorized waterfront facility, offering sailing, kayaking, paddling and other environmentally friendly aquatic activities and programs that promote water safety and education; as well as being the home port for various clubs and organizations as well as the continuation of hosting events promoting water sports. Values • Committed to providing a physically and emotionally safe environment for all of our members and visitors. • Believe and follow the principle of inclusion. We welcome and encourage everyone to participate in our activities regardless of age, gender, race, and creed, place of origin, financial status or physical ability. • Promote respect and appreciation for one’s self, others, society as a whole and the natural environment. • Strive for continual improvement of individuals, and organizations. The CCSC recognizes that this can be facilitated through healthy competition and the cooperation among various individuals and groups. • Promote the development of Sportsmanship. Background Years ago, local sailors flocked to the beach at Sand Key to launch boats off the sandy area where today stands the CCSC. It was due to the combined efforts of many local sailors from individuals, Clearwater Yacht Club (CYC) and Windjammers of Clearwater (WJOC) that the site was saved from becoming a parking lot and transformed it into one of the finest sailing facilities in the United States. In 1991, the current facility was built and operated by the City of Clearwater as a recreational facility, originally falling under the Marine & Aviation Department and currently under the Parks & Recreation Department. In 2002 the city partnered with Clearwater Community Sailing Association, a 501(c)3 non- profit organization, to take over the operations and programs at the facility. Under the management of CCSA expanded services, activities, usage and visibility of CCSC have provided a great deal of goodwill locally, nationally and internationally for our Clearwater Community. The reputation of the center continues to reflect positively on the city and surrounding area. CCSC continues to expand the versatility of its services and programs in efforts to meet the needs of our local community as well as guests to the area. Recent Accomplishments CCSC is becoming recognized as a premier sailing venue in the southeast. In 2011 CCSC became a U.S. Sailing Community Sailing Sanctioned Center and assists as a co-host for US Sailing with Annual National Symposiums 2011 and 2013. We have recently been honored with a partnership with US Sailing as an Olympic / Paralympic Training Center, as well as a co-host of the 2016 World Championships for the Olympic 49er and 49erFX Class. In the past couple of years CCSC received a number of awards including 2012 Clearwater Regional Chamber, Small Non-Profit of the Year, Clearwater Beach Chamber 2013 Non- Profit of the Year. We also received US Sailings 2013 Outstanding Program for Disabled Sailors for our pilot special needs program for Autistic / Asperger’s syndrome. CCSC , in conjunction with Sailability of Greater Tampa Bay, has hosted the Never Say Never Pirate Camp for limb different children from 2012- 2020. The event brings over 40 children and their families each year. In 2018 CCSC hosted both the Kona World Championship and RS Feva World Championship. Physical Site The current site consists of a modern 2 story building with office, storage, and repair area. There are utility, toilet, and shower facilities as well as meeting rooms with an upper and lower deck and veranda. There are 3 stairways, and elevator for access to the second level. There are two fixed docks extending 162 feet into the harbor with floating platforms on each end with the northern dock being adaptable sailing accessible, and a 3-boat lift on the southern dock. The physical site includes all land from the edge of Gulf Boulevard to the water edge and from the property line of the Marriott at the south end to the north storage pen at the base of Sand Key Bridge. Other storage areas include the property under the south side of Sand Key Bridge to the County Park property line. Boat Storage The main yard is used for the center’s fleet of boats. There is a north beach storage pen that is used to store members’ boats and is a convenient launching site for the smaller craft. Storage is provided for a nominal fee and the rate is adjusted to size of boat. Other storage is provided on a short-term basis for events and regattas. Storage areas are also utilized by our Corporate Members / Partners and may be included in their agreements. Fleet CCSC has both entry-level and intermediate sailing vessels, as well windsurfing gear, kayaks, and stand up paddleboards. With a versatile quantity of watercraft, we are able to provide our community with a variety of recreational options, as well as vessels for educational, instructional and community programs. CCSC also has 7 support Safety/Rescue power vessels. Programs Since 2005, over 5000 youth from ages 5 – 17 have attended CCSC summer and out of school camps. On a 4-year average approximately 430 children attend the ten weeks of summer sailing camp each year. On the same average, more than 1500 adults from 17-80 annually take some form of sailing instruction at CCSC. Our students have been of all abilities, and economic backgrounds. Sailors from across the U.S. and around the globe continue to participate each year in regattas sailed out of CCSC. CCSC continues to expand on various programs for youth and adult. Our facility provides a variety of services and programs for our local community. Watercolor and yoga classes are also offered at the facility and geared toward our senior population. Local civic associations and Condo Associations such as Sand Key Civic Association use CCSC for their monthly and annual meetings. CCSC is also host to numerous wedding receptions and events for local area residents. Special Needs Programs CCSC provides special needs programs through our own staff and partnership with other organizations. CCSC provides programming for those Physically Challenged Sailors through its partnership with Sailability of Greater Tampa Bay (SGTB), a not for profit 501(c)3. SGTB partnered with CCSC in 2002 and provides adaptable sailing with its fleet of accessible dinghies. SGTB provides sailing instruction and training for the Special Olympics and CCSC is a Special Olympic sanctioned training center through SGTB. There are a number of community programs that are hosted by SGTB and CCSC including Shriners Hospital, Boys and Girls Clubs of Tampa Bay, The Florida Sheriff’s Youth Ranch, Wounded Warriors, Veterans from local VA as well Never Say Never Pirate Camp. These are just a few of the many that are serviced through SGTB and CCSC’s partnership. Volunteers Volunteers – Our membership base has provided thousands of volunteer hours that have helped support the Sailing Center’s mission. Volunteers perform such varied tasks as yard and beach clean-up, vessel repair, assisting instructors in group instruction and on the water lookout during Sailability Community Sails and other CCSC events. Volunteers are also necessary for fundraising, event organization and implementation. Membership CCSC's membership has grown considerably since the approximate membership of 25 in 2002. Since 2011, we have averaged around 300 annual memberships per year, both individual and family. CCSC continues to expand on its other part time memberships including daily, 2 Day Resort as well as Seasonal. CCSC successfully reaches the full spectrum of today’s society. We serve ages from 5 to seniors, both able bodied and special needs sailors including physically, emotionally or financially challenged. Geographically, approximately 75% of our clients live in Clearwater, St. Petersburg, or Tampa and the surrounding areas. The remainder is both domestic and international visitors. Many are repeat customers who return year after year with the sailing center as one of the attractions that brings them back to Clearwater. Supporting Organizations CCSC enjoys both volunteer and economic support from a number of organizations. Tampa Bay Charities, Inc., Sand Key Civic Association, Clearwater Yacht Club, Clearwater Beach Rotary, and Paralyzed Veterans Association just to name a few. We also receive support from other groups and individuals. CCSC has received over $130,000.00 in financial support over the last 3 years. Operations CCSC operates as an all-inclusive, non-motorized vessel sailing facility. We provide memberships for local residents and visitors. CCSC also provides youth and adult programs and events. Aside from membership, CCSC provides rental use of equipment for daily guests and visitors. CCSC also provides a winter training home for national sailing organizations such as the Canadian Sailing Federation, Quebec Sailing and others. We also provide facility rentals for events. There are retail items for sale in the office. Income Activities CCSC is host to numerous programs and activities that provide income for the daily operations at the center. • Membership • Sailing Instruction • Youth Programs • Regattas • Boat Storage • Boat Rental (including windsurf gear, kayaks, standup paddle boards) • Retail Sales • Donations, grants and other sources of funding Staffing and Hours of Operation CCSC currently is staffed by 5 full-time employees. There are also numerous part-time and seasonal employees on staff as needed. Two full time employees are US Sailing Certified instructors of at least Level 2 or higher, that also includes First Aid and CPR training. The hours of operation are Tuesday to Sunday, 9-5, with Monday closed. Summer hours of operation are 9-6, 7 days a week. There is also additional staffing during facility rentals, often outside of normal business hours. Pricing and Profitability Pricing for fees, goods, and services are continually analyzed and adjusted to be competitive with other community sailing centers in the state. Periodic surveys will be taken to ensure CCSA’s rates and fees are competitive and in alignment with other community sailing centers. We continue to look for additional opportunities to expand our present income streams Goals Each goal below will have its own objectives and strategic initiatives that will be developed to accomplish the goal. These goals will continue to make CCSC more viable and financially sustainable. With the ever-increasing effort and dedication being made, CCSC will continue to fill its mission and build upon its vision for the benefit of our entire community. I. Financial growth and sustainability A. Develop Board responsibilities for financial growth 1. Progressive Board growth a. Strategic and diverse board membership b. Strong community connected members 2. Strategize growth potential according to mission a. Determining short- and long-term objectives b. Redefining / update of mission c. Evaluating and addressing potential mission drift 3. Organization priorities and consistency a. Identify organizational priorities b. Consistent management and support 4. Fundraising Committee a. Develop a Strategic Fundraising Plan b. Incorporate Innovative Fundraising Techniques c. Board levels of involvement d. Fundraising responsibility B. Analyze current programs and services 1. Determine effectiveness /efficiency of current programs / contributions a. Community programs b. Membership programs c. Partnership programs 2. Determine effectiveness / efficiency of current services a. Membership b. Instruction c. Boat rental d. Facility rental e. Storage f. Retail sales C. Increase current program participation levels 1. Review current program organization and implementation a. Improve program management strategy b. Develop a plan of desired program paths, competitive/non-competitive c. Develop needed continuing education programs and modules 2. Review current program marketing a. Analyze and target demographically b. Review current marketing and improve strategies c. Utilize available marketing resources D. Continued expansion of programs, activities, and events 1. Broaden scope of base programs a. Wider variety of sailing programs i. Diverse youth programs, competitive / non-competitive ii. Diverse adult programs, competitive / non- competitive iii. Scheduled programs and instruction b. Wider variety of paddling programs i. Increased stand up paddling programs ii. Introduce kayak instruction program iii. Continue partnership program for outrigger paddling 2. Continue Promotion of water safety educational programs a. Community Safety Education b. Sailing and boating safety education i. US Sailing c. Marine environment education i. Partnership with local existing programs ii. Develop environmental program 3. Promote aquatic educational opportunities to educational facilities a. Private schools b. Local colleges for accreditation 4. Promote, increase host events and regattas a. Increase level of regattas i. Continued CYC partnership to host regattas ii. Provide race official instruction iii. Increase local fun racing b. Offer other water sporting events i. Paddle racing ii. Kayak outings 5. Attract grants and donations through programs offered 6. Continued facility rental opportunities 7. Expand retail product and sales II. Continued cooperative effort with local business, civic and community organizations to further the development A. Provide Corporate memberships for area businesses B. Develop sponsorships to support various programs C. Continue to develop the committees that support the operational and safety at CCSC D. Continue to develop CCSC volunteer programs III. Improved Marketing and Advertising A. Review current advertising and marketing efforts B. Market Research 1. Industry trends a. Local, state, national 2. Customer base target segmenting a. Existing Customers b. Potential Customers 3. Competition a. Local, state market competition i. Membership ii. Services C. Develop marketing strategy 1. Objectives a. Membership b. Services c. Fundraising / Sponsorship 2. Marketing Budget a. Percentage of previous sales by target objective b. Annual set amount 3. Determination of Media a. Print b. TV/Radio c. Web / Social Medias IV. Long-term Ambitions A. Increase meeting and classroom space B. Increase vessel and gear storage facilities C. Continued fleet asset capitalization D. Continued building and aesthetic upgrades E. Increase retail inventory / services F. Continued focus on new program development Financial History and Five-Year Projections The historical data collected in the table below is used to provide the upcoming five-year projections. The projections are based on the current state of the economy and the fluctuating net income. The net income does not have an increasing/decreasing pattern in revenues, therefore the baseline for the next five year projections are taken from the average income over the past five years (FY 2009 through FY 2013) with a projected a 5 percent income increase and 5 percent expense increase over each year. Budget FY 2017A FY 2018A FY 2019A FY 2020B FY 2021F FY 2022F FY 2023F FY 2024F FY 2025F Revenue Donations 44,788 71,852 69,847 42,720 44,856 47,099 49,454 51,926 54,523 Youth Sailing Fund 10,882 555 1,138 1,140 1,197 1,257 1,320 1,386 1,455 Membership Dues 144,384 131,886 131,039 135,770 142,558 149,686 157,170 165,029 173,280 Boat Rental 33,768 31,335 34,629 33,244 34,906 36,651 38,484 40,408 42,429 Boat Storage 25,179 27,201 25,310 25,897 27,192 28,551 29,979 31,478 33,051 Facilities Rental 32,878 34,404 30,941 32,741 34,378 36,097 37,902 39,797 41,787 Retail 1,216 1,953 904 904 949 996 1,046 1,099 1,154 Summer Camp Fees 175,368 190,574 192,460 186,134 195,441 205,213 215,473 226,247 237,559 Sale of Assets 946 375 474 599 628 660 693 728 764 Regatta Income 30,841 27,875 55,820 38,179 40,088 42,092 44,197 46,407 48,727 Other Income (521)1,345 1,288 751 788 828 869 913 958 Total Revenue 499,730 519,356 543,850 498,077 522,981 549,130 576,587 605,416 635,687 Expenses Staff Expenses Wages and Salaries 258,301 252,154 260,299 267,752 281,140 295,197 309,957 325,454 341,727 Bonuses 4,100 2,500 2,810 2,808 2,948 3,096 3,251 3,413 3,584 Employee Taxes 20,858 20,550 20,943 20,943 21,991 23,090 24,245 25,457 26,730 Benefits 12,284 9,655 10,731 10,961 11,509 12,085 12,689 13,324 13,990 Travel and Entertainment (T&E)822 2,291 2,274 2,604 2,734 2,871 3,014 3,165 3,323 Marketing 14,022 5,039 7,443 -- -- -- -- -- -- Boats and Equipment Power Boats 7,905 12,518 6,692 9,000 9,450 9,923 10,419 10,940 11,487 Fuel 4,554 4,280 4,365 4,380 4,599 4,829 5,070 5,324 5,590 Rental Boats 9,470 9,008 3,884 7,320 7,686 8,070 8,474 8,898 9,342 Tools & Equipment 3,580 5,534 3,707 4,200 4,410 4,631 4,862 5,105 5,360 Tractor / Tugs 732 1,441 2,121 1,440 1,512 1,588 1,667 1,750 1,838 Trailers 4,329 2,308 1,524 2,700 2,835 2,977 3,126 3,282 3,446 Youth Programs 3,180 7,297 2,326 4,200 4,410 4,631 4,862 5,105 5,360 Regatta Expenses 22,152 15,573 36,020 7,848 8,240 8,652 9,085 9,539 10,016 Maintenance 17,349 13,230 17,957 16,200 17,010 17,861 18,754 19,691 20,676 Summer Camp Expenses 4,970 8,160 6,254 6,402 6,722 7,058 7,411 7,781 8,170 Special Event Expenses 737 266 1,057 684 718 754 792 831 873 Rent 15,835 15,835 16,479 17,520 18,396 19,316 20,282 21,296 22,360 Utilities 22,278 23,757 25,406 26,028 27,329 28,696 30,131 31,637 33,219 Office Supplies 6,044 7,142 9,789 9,780 10,269 10,782 11,322 11,888 12,482 Insurance 32,495 32,397 33,203 34,033 35,735 37,521 39,397 41,367 43,436 Professional Fees 24,351 24,465 27,417 26,654 27,987 29,386 30,855 32,398 34,018 Dues and Subscriptions 2,052 1,250 1,055 1,055 1,108 1,163 1,221 1,282 1,346 Taxes (122)1,611 1,413 1,440 1,512 1,588 1,667 1,750 1,838 Other Expenses 2,607 3,002 196 2,785 2,924 3,070 3,224 3,385 3,554 Depreciation 62,610 58,690 58,690 59,997 62,997 66,146 69,454 72,927 76,573 Total Expense 557,495 539,954 564,057 548,734 576,171 604,980 635,229 666,990 700,340 Net Income (57,764)(20,599)(20,206)(50,657)(50,657)(50,657)(50,657)(50,657)(50,657) less Depreciation 62,610 58,690 58,690 59,997 62,997 66,146 69,454 72,927 76,573 Net Operating Income 4,846 38,092 38,484 9,340 12,340 15,489 18,797 22,269 25,916 Actuals Forecast Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8062 Agenda Date: 8/6/2020 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Police Department Agenda Number: 7.6 SUBJECT/RECOMMENDATION: Ratify and confirm a Memorandum of Agreement (Agreement) between Bob Gualtieri, as Sheriff of Pinellas County, Florida (Sheriff); the City of St. Petersburg Police Department, the City of Clearwater Police Department, and the City of Pinellas Park Police Department, to create a Use of Deadly Force Investigative Task Force, and authorize the appropriate officials to execute same. (consent) SUMMARY: Whenever a police officer uses deadly force, three independent and bifurcated investigations occur. The Office of the State Attorney Sixth Judicial Circuit conducts an independent investigation to determine if the officer’s actions were justified or involved any criminal conduct. The police department’s Office of Professional Standards conducts an administrative investigation to determine if any violations of department policy or code of conduct occurred. Additionally, a criminal investigation is conducted to determine if the incident involved any criminal violations occurred. The criminal investigation has been conducted by the agency of the involved employee when it occurred in the agency’s jurisdiction. The police department, Pinellas County Sheriff’s Office, St. Petersburg Police Department, and Pinellas Park Police Department seek to create the Pinellas County Deadly Force Investigative Task Force through this agreement to establish a collaborative work group that will provide criminal investigations that are independent from the agency of the involved officer. As part of this agreement, the police department will make available, as needed, three experienced homicide investigators and supervisor staff as outlined in the agreement. The Clearwater Police Department would be the lead agency if a Pinellas County Sheriff’s Deputy used deadly force in Pinellas County, north of Ulmerton Rd. The Pinellas County Sheriff’s Department would be the lead agency if a Clearwater Police Officer used deadly force in the City of Clearwater. The St. Petersburg Police Department would be the lead agency if a Pinellas County Sheriff’s Deputy used deadly force in Pinellas County, south of Ulmerton Rd. The Pinellas County Sheriff’s Department would be the lead agency for the remaining law enforcement agencies in Pinellas County, with the exception of Largo Police Department and Tarpon Springs Police Department who utilized the Florida Department of Law Enforcement. This task force will provide a higher level of impartiality in the investigation of incidents involving police use of deadly force. Page 1 City of Clearwater Printed on 8/6/2020 File Number: ID#20-8062 There is no direct financial obligation associated with this agreement other than the regular personnel costs and overtime costs associated with the recall of personnel participating. APPROPRIATION CODE AND AMOUNT: N/A Page 2 City of Clearwater Printed on 8/6/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7714 Agenda Date: 8/6/2020 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.7 SUBJECT/RECOMMENDATION: Approve Engineer of Record (EOR) Supplemental Work Order Two to Atkins North America for $61,490, for Cooper’s Point (18-0009-EN) increasing the work order from $173,940 to $235,430 and authorize the appropriate officials to execute same. (consent) SUMMARY: June 21, 2018, City Council approved the initial $115,007 Work Order for a circulation study to develop alternatives with the most ecological benefit for projects identified in the Cooper’s Point Master Plan. July 18, 2019, City Council approved $58,933 Supplemental Work Order One for continued study of areas around Cooper’s Point, specifically the potential ecological impacts to mangrove swamp habitat due to the proposed hydrologic improvements, including coordination with Florida Department of Transportation (FDOT) District 7 for a total of $173,940. Supplemental Two is for the collection of environmental data to support permitting and project design. Work includes survey of the mosquito ditches and approximately 40 spoil piles, a bathymetric survey of Cooper’s Bayou and around the proposed bridge on the Courtney Campbell Causeway, and ten geotechnical borings for a new total work order value of $235,430. APPROPRIATION CODE AND AMOUNT: ENST180005-STDY-PROSVC $61,490 Funds are available in capital improvement project ENST180005, Coastal Basins , to fund this supplemental work order. Page 1 City of Clearwater Printed on 8/6/2020 WORK ORDER INITIATION FORM 1 of 6 Revised: 2/11/2016 WORK ORDER FORM for the CITY OF CLEARWATER Date: 7/17/2020 Project Number __________ City Project Number: __________ 1. PROJECT TITLE: Environmental Data Collection for Cooper’s Point 2. SCOPE OF SERVICES: Cooper’s Bayou, located on the northwest side of the Courtney Campbell Causeway (SR 60) near Safety Harbor has been identified as an area of water quality concern due to both excess nitrogen and algal blooms. In addition, there is the potential for mangrove mitigation, seagrass mitigation and water quality credits in this area of Old Tampa Bay. The City completed a Feasibility Study in May 2019 which demonstrated with initial hydrodynamic modeling and field work that an additional bridge under Courtney Campbell Causeway, re-establishment of historic mosquito ditches, a new bridge under the Dr. Kiran Patel Blvd, removal of spoil piles and Brazilian pepper, and dredging of a portion of the bayou would offer significant ecological benefits. Atkins is under contract with FDOT District 7 (FPID: 254549-2-32-03) to build from the Phase I Feasibility Study and prepare a Phase II Permitting Report that will include environmental and engineering elements. As part of this contract, the Consultant will coordinate with stakeholders and obtain project buy in. Permitting agencies and stakeholders include SWFWMD, Pinellas County, Hillsborough County, USACE (including associated commenting agencies) and the USCG to obtain concurrence for the project as future compensatory water quality treatment, mangrove mitigation and seagrass mitigation. The scope of services for this contract is to obtain additional survey and geotechnical data to aid in the permitting efforts being worked on by the Consultant. 1. Project Management/Meetings/Quality Control Atkins Project Manager, Amanda Serra will manage the technical tasks, communicate, and coordinate with the City staff and others. Atkins’ Project Manager will be responsible for overall coordination of the data collection and client satisfaction in all aspects of this Work Order including the schedule, deliverables, and quality control. WORK ORDER INITIATION FORM 2 of 6 Revised: 2/11/2016 2. Data Collection Atkins will obtain survey and geotechnical date using subconsultants to augment the previous data and hydrological model. a. Data coordination and Review: Atkins will collect and review existing data pertaining to previous studies in the project areas. These investigations will be conducted with the goal of verifying, augmenting, and/or updating the information collected, record drawings, and other sources. b. Survey Plan: Atkins, with sub consultant Oceanside Solutions will conduct investigatory- level survey to aid in the preparation of conceptual plans needed for permitting further detail is provided below. Atkins will survey and provide seven cross sections along the mosquito ditches that will be re-established. Atkins will also provide survey of approximately 40 spoil piles to get an average height and area of the spoil piles though out Coopers Point. Oceanside Solutions will provide bathymetric survey of Coopers Bayou and the area around the proposed bridge on the Courtney Campbell Causeway. Oceanside Solutions will conduct an investigatory hydrographic survey of Cooper’s Bayou and the connecting waterway into the Old Tampa Bay. Oceanside will provide cross sections approximately every 200 within Cooper’s Bayou with cross section from start and end at the approximate Mean High Water (MHW) line adjacent to respective shorelines, or as close to the vegetation line as reasonable. Oceanside will also provide bathymetric survey 500-feet to the north and south of the center point of the proposed bridge, as well as 500-feet to the east and west of the end points of the proposed bridge. c. Geotechnical Plan: Gulf Coast Geotechnical Engineering (GCGE) will perform ten (10) hand auger boings to depths of 5 to 8 feet below existing grades in areas of the existing mosquito ditches and associated spoil piles. This will be to provide soil stratigraphy and approximate soil profiles. GCGE will provide the location and description of potentially deleterious materials which may interfere with the construction progress including buried or surficial fill material, organics, construction debris, etc. 3. PROJECT GOALS: To provide additional data to support the conceptual plans and permitting efforts along with allowing for more accurate estimate of quantities. 4. BUDGET: This price includes all labor and expenses anticipated to be incurred by Atkins for the completion of these tasks in accordance with Professional Services Method “B” – Lump Sum – Percentage of Completion by Task, for a fee not to exceed Sixty-One Thousand Four Hundred Ninety Dollars ($61,490). 5. SCHEDULE: The scope of work will be delivered to the City within 60 days of notice to proceed. WORK ORDER INITIATION FORM 3 of 6 Revised: 2/11/2016 6.STAFF ASSIGNMENT: Atkins Team’s Key Staff: Daniel Parsons Project Manager Amanda Serra Senior Engineer Shayne Paynter Senior Technical Director David Loy Senior Scientist II 7.CORRESPONDENCE/REPORTING PROCEDURES: ENGINEER’s project correspondence shall be directed to: Daniel Parsons, PE, CFM, ENV SP (813) 281-4856, daniel.parsons2@atkinsglobal.com All City project correspondence shall be directed to: Sarah Kessler, CFM (727) 562-4897, sarah.kessler@myclearwater.com with copies to others as may be appropriate. 8.INVOICING/FUNDING PROCEDURES: For work performed, invoices shall be submitted monthly to the City of Clearwater, Engineering Department, Attn.: Veronica Josef, Senior Staff Assistant, PO Box 4748, Clearwater, Florida 33758-4748. City Invoicing Code: _______________________________________ 9.INVOICING PROCEEDURES At a minimum, in addition to the invoice amount(s) the following information shall be provided on all invoices submitted on the Work Order: A.Purchase Order Number and Contract Amount. B.The time period (begin and end date) covered by the invoice. C.A short narrative summary of activities completed in the time period. D.Contract billing method – Lump Sum or Cost Times Multiplier. E.If Lump Sum, the percent completion, amount due, previous amount earned and total earned to date for all tasks (direct costs, if any, shall be included in lump sum amount). F.If Cost Times Multiplier, hours, hourly rates, names of individuals being billed, amount due, previous amount earned, total earned to date for each task and other direct costs (receipts will be required for any single item with a cost of $50 or greater or cumulative monthly expenses greater than $100). G.If the Work Order is funded by multiple funding codes, an itemization of tasks and invoice amounts by funding code. ENST180005-STDY-PROSVC WORK ORDER INITIATION FORM 4 of 6 Revised: 2/11/2016 10. SPECIAL CONSIDERATIONS: The consultant named above is required to comply with Section 119.0701, Florida Statutes (2013) where applicable. PREPARED BY: APPROVED BY: ________________________ ________________________ Daniel Parsons, PE, CFM, ENV SP Tara Kivett, PE West Florida Division Manager City Engineer Atkins North America City of Clearwater ___________________ ___________________ Date Date 7/17/2020 Attachment “A” WORK ORDER INITIATION FORM 5 of 6 Revised: 2/11/2016 CITY OF CLEARWATER ENGINEERING DEPARTMENT SUPPLEMENTAL WORK ORDER CITY DELIVERABLES 1. FORMAT The design plans shall be compiled utilizing the following methods: 1. City of Clearwater CAD standards. 2. Datum: Horizontal and Vertical datum shall be referenced to North American Vertical Datum of 1988 (vertical) and North American Datum of 1983/90 (horizontal). The unit of measurement shall be the United States Foot. Any deviation from this datum will not be accepted unless reviewed by City of Clearwater Engineering/Geographic Technology Division. 2. DELIVERABLES The design plans shall be produced on bond material, 24" x 36" at a scale of 1" = 20’ unless approved otherwise. Upon completion the consultant shall deliver all drawing files in digital format with all project data in Autodesk Civil 3D file format. If not available Land Desktop files are still acceptable, however the City or Clearwater is currently phasing out Land Desktop. NOTE: If approved deviation from Clearwater CAD standards are used the Consultant shall include all necessary information to aid in manipulating the drawings including either PCP, CTB file or pen schedule for plotting. The drawing file shall include only authorized fonts, shapes, line types or other attributes contained in the standard release of Autodesk, Inc. software. All block references and references contained within the drawing file shall be included. Please address any questions regarding format to Mr. Tom Mahony, at (727) 562 4762 or email address Tom.Mahony@myClearwater.com. All electronic files (CAD and Specification files) must be delivered upon completion of project or with 100% plan submittal to City of Clearwater. Attachment “B” WORK ORDER INITIATION FORM 6 of 6 Revised: 2/11/2016 Environmental Data Collection for Cooper’s Point WORK ORDER PROJECT BUDGET Task Description Subconsultant Services Labor Total 1 Project Management/Meetings & Coordination /Quality Control N/A $16,900 $16,900 2 Data Collection $16,900 $27,690 $44,590 Subtotal $61,490 Total $61,490 SAN SAN LNBAYCALAISSANMADERATHOMAS RD WOLFE RD SANGRAND VIEW HOYT AVEMOSSAVE AVE BAYSI DECR-611F e a t h e r w o o dMcMULLEN BOOTH RDJOHNS PARKWAY DOWNING ST BAY "K" STLN CHAMBLEE BORDEAUX LN LN C R -31Bay StKentucky Ave Cherry Ln Cleveland St CR-611AVETerrace View Ln DR OAK VISTA GLEN AVEKOVE CT CIRCIRKAPOK KAPOKCrescent LnDR SR-590 Abbey Ct BayouALAMEDAMONTEREYMAXIMODamascus RdC A M P B E L L ST ST MATEO BERNADINO MacDonald SR-60 C O U R T N E YBAYSHORE BLVDLN C ooper'sC A U S E W A YAlligatorLakeARLIE GABRIEL ST SAN ST ST CARLOSCTSAN D O M I N G O ROSE RDBAYSHORES T A V E PEDRO JOSEAVE S A N AVEBraesideBLVDAVE AbbeyColonial Dr CLEARWATER SAFETY HARBOR RD Ave DREW ST EDDIE C. MOORE RECREATION COMPLEX Location Map ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com CRM SK N.T.S.xxx n/a06/04/2018Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: COOPER'S POINTCIRCULATION STUDYProject # 18-0009-EN Document Path: V:\GIS\Engineering\Location Maps\CoopersPointCirculStudy.mxd COOPER'SPOINT OLDTAMPABAY STU D Y A R EA STU D Y A R EA Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8033 Agenda Date: 8/6/2020 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.8 SUBJECT/RECOMMENDATION: Approve a Deed Modification for certain real property located at 41 Devon Dr., legally described as Lot 1, less the West 110 feet thereof, Block B, Columbia Subdivision, extending the time-period to commence vertical construction until August 26, 2021 and authorize the appropriate officials to execute same. (consent) SUMMARY: The City conveyed to Decade Sea Captain LLC (Decade) certain real property known as 41 Devon Drive pursuant to a Special Warranty Deed dated January 24, 2017. The Special Warranty Deed granted the City a right to repurchase the Property if vertical construction of a parking garage was not commenced on or before the expiration of the Construction Commencement Period, which was August 26, 2018. Decade secured a Development Order to proceed with said construction, therefore, the City determined an extension of the Construction Commencement Period was be in the best interest of the City, and on November 1, 2018 City Council approved a modification of the Special Warranty Deed to extend the Construction Commencement Period to expire on August 26, 2020. Due to the Covid-19 Pandemic and its impact on construction financing, Decade has requested an additional one-year extension of the Construction Commencement Period. The project has site plan approval and a Development Order. Therefore, the City and Decade wish to modify the Special Warranty Deed to extend the Construction Commencement Period for a term of one year to expire on August 26, 2021. Page 1 City of Clearwater Printed on 8/6/2020 QB\63378937.1 THIS INSTRUMENT DRAFTED BY AND WHEN RECORDED RETURN TO: Mary Neese Fertl, Esq. Quarles & Brady LLP 411 E. Wisconsin Avenue Suite 2350 Milwaukee WI 53202 MODIFICATION OF DEED THIS MODIFICATION OF DEED (this “Modification”) is made and entered into as of the ____ day of _______________, 2020, by and between the CITY OF CLEARWATER, FLORIDA (the “City”), a municipal corporation of the State of Florida whose mailing address is P.O. Box 4748, Clearwater, Florida 33758-4748, ATTENTION: William B. Horne, II, City Manager, and DECADE SEA CAPTAIN LLC, a limited liability company authorized to conduct business in the State of Florida, whose mailing address is 13555 Bishops Court, Suite 345, Brookfield, Wisconsin 53005 (“Decade”). WHEREAS, the City conveyed to Decade the real estate known as 41 Devon Street, Clearwater, Florida legally described as follows: Lot 1, less the West 110 feet thereof, Block B, COLUMBIA SUBDIVISION according to the map or plat thereof recorded in Plat Book 23, Page 60, Public Records of Pinellas County, Florida (the “Property”) pursuant to a certain Special Warranty Deed dated January 24, 2017 and recorded in the Office of Clerk of Court for Pinellas County on January 31, 2017 in Official Record Book 19502, Pages 931-934, as Document No. 2017033092 (the “Special Warranty Deed”); WHEREAS, the Special Warranty Deed granted to the City a right to repurchase the Property if vertical construction of a parking garage was not commenced on or before the expiration of the Construction Commencement Period; QB\63378937.1 2 WHEREAS, the Construction Commencement Period was extended to expire on August 26, 2020; WHEREAS, the City has determined a further extension of Construction Commencement Period would be in the best interest of the City; and WHEREAS, the City and Decade desire to extend the Construction Commencement Period as provided in this Modification. NOW THEREFORE, for and consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: 1. The Construction Commencement Period as defined in the second paragraph of the second page of the Special Warranty Deed is hereby further changed to expire on August 26, 2021. 2. This instrument constitutes a modification of the Special Warranty Deed. 3. All other provisions of the Special Warranty Deed, except as modified by this Modification, shall remain unchanged and in full force and effect. 4. This Modification shall be binding upon and inures to the benefit of the parties hereto and their respective successors and assigns. [signatures on following pages] QB\63378937.1 3 IN WITNESS WHEREOF, the parties have executed this Modification as of the date first above written. Countersigned: _________________________________ Frank V. Hibbard, Mayor CITY OF CLEARWATER, FLORIDA By:______________________________ William B. Horne, II, City Manager Approved as to form: _________________________________ Laura Mahony, Assistant City Attorney Attest: ______________________________ Rosemarie Call, City Clerk STATE OF FLORIDA ) ) SS COUNTY OF PINELLAS ) BEFORE ME, the undersigned, personally appeared ________________, the Mayor of the City of Clearwater, Florida, who executed the foregoing instrument and acknowledged the execution thereof to be his free act and deed for the use and purposes herein set forth, and who is personally known to me. WITNESS my hand and official seal this ____ day of ____________, 2020. Notary Public – State of Florida Print/type name: My commission expires: STATE OF FLORIDA ) ) SS COUNTY OF PINELLAS ) BEFORE ME, the undersigned, personally appeared ________________, the City Manager of the City of Clearwater, Florida, who executed the foregoing instrument and acknowledged the execution thereof to be his free act and deed for the use and purposes herein set forth, and who is personally known to me. WITNESS my hand and official seal this ____ day of ____________, 2020. Notary Public – State of Florida Print/type name: My commission expires: QB\63378937.1 4 Signed, Sealed and Delivered in the presence of: ______________________________ ______________________________ DECADE SEA CAPTAIN LLC By:______________________________ Jeffrey Keierleber, Manager STATE OF _____________ ) ) SS COUNTY OF ___________ ) BEFORE ME, the undersigned, personally appeared Jeffrey Keierleber, the Manager of Decade Sea Captain LLC, who executed the foregoing instrument and acknowledged the execution thereof to be his free act and deed for the use and purposes herein set forth, and who is personally known to me. WITNESS my hand and official seal this ____ day of ____________, 2020. Notary Public Print/type name: State of County My commission expires: LOCATION MAP BAYSIDE DR CORONADO DR HAMDEN DR S GULFVIEW BLVD DEVON DR BRIGHTWATER DR MEMO RIAL CSW Y FIFTH ST BAYWAY BLVD C A U SE WAY B LV D SECOND ST ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com N.T.S.Scale: Deed Modification41 Devon Dr. Page: 1 of 17/13/2020Date:WDMap Gen By:RBReviewed By:276AGrid #:8-29s-15eS-T-R: ^ PROJECTSITE Gulf of Mexico ClearwaterHarbor Document Path: C:\Users\Wioletta.Dabrowski\City of Clearwater\Engineering Geographic Technology - Location Maps\41Devon Dr.mxd Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8037 Agenda Date: 8/6/2020 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.9 SUBJECT/RECOMMENDATION: Approve Local Mitigation Strategy (LMS) Supplemental Memo expressly acknowledging the Multijurisdictional Program for Public Information (PPI) is part of the LMS which was adopted by Council in Resolution 20-18 on May 7, 2020. (consent) SUMMARY: On May 7, 2020, City Council approved the Local Mitigation Strategy (LMS) developed for Pinellas County and adopted Resolution 20-18. The LMS also includes a Multijurisdictional Program for Public Information (PPI). The PPI serves as the outreach mitigation strategy for the flood hazard component of the LMS. To receive Community Rating System (CRS) credit for the Multijurisdictional PPI, the Council must be specifically informed that the PPI is part of the LMS and was included in the adoption of the Resolution in May. Page 1 City of Clearwater Printed on 8/6/2020 Memorandum Date: July 14, 2020 To: Clearwater City Council From: Sarah Kessler, CFM Subject: Clarification of Local Mitigation Strategy Composition as Applicable to the FEMA NFIP CRS Program as Required by the ISO City of Clearwater is located in an area that is vulnerable to natural and man-made disasters and supports efforts to make our community more disaster-resistant, thereby reducing the costs of disasters, preventing or mitigating their impact to our residents, and reducing time needed for recovery. The 2020 update of the Pinellas County Multijurisdictional Local Mitigation Strategy (LMS), adopted by the City Council on May 7, 2020, represents a unified county-wide strategy toward a more disaster resistant community and provides the consistent framework for future pre-disaster mitigation efforts and post-disaster redevelopment, regardless of the type of future threat faced by our community. The Local Mitigation Strategy also includes a section describing the method and schedule of monitoring, evaluating, and updating the mitigation plan within each five-year cycle. Because flooding is a significant hazard in Pinellas County, the LMS includes extensive analysis and mitigation strategies specific to flooding. As such, the LMS serves as Clearwater’s Floodplain Management Plan. The 2020 update of the LMS included the 10- step planning process which is consistent with FEMA’s multi-hazard mitigation planning regulations pursuant to the Disaster Mitigation Act of 2000 and satisfies the National Flood Insurance Program (NFIP) Community Rating System (CRS) credit requirements of activity 510, Floodplain Management Plan. A Multi-Jurisdictional Program for Public Information (PPI) was also included in Appendix H of the LMS to satisfy the credit requirements of Memorandum activities 330 and 370. The PPI, which includes a flood insurance coverage assessment and outreach plan and a flood response outreach plan, serves as the outreach mitigation strategy for the flood hazard component of the LMS. Significant outreach was implemented as part of the 2020 update of the LMS. Two publicly noticed workshops were held at a central location in Pinellas County on March 21st, and October 17th, 2019 at the Lealman Exchange (5175 45th Street N. St Petersburg) to inform the public and obtain public comments. An online and paper survey were released to gain public input on the LMS plan’s hazard identification and risk assessment and an online tool was released using ESRI Storymap (https://arcg.is/15a1yi) to increase understanding of the LMS Plan and gain public input as well. More information about the LMS can be found at http://www.pinellaslms.org/. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8038 Agenda Date: 8/6/2020 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.10 SUBJECT/RECOMMENDATION: Approve an Interlocal Agreement between Pinellas County and the City of Clearwater and other NPDES Co-Permittees for Water Quality Monitoring and Assessment and authorize the appropriate officials to execute same. (consent) SUMMARY: The monitoring program is a requirement of the MS4 (Municipal separate storm sewer system) National Pollutant Discharge Elimination System (NPDES) permit issued by Florida Department of Environmental Protection. The program assesses the status and long-term trends of water quality parameters in watersheds, measures the effectiveness of the Stormwater Management Plan implementation in watersheds, identifies potential water quality pollutant “hotspot” areas to be targeted for corrective action, and supports the development and implementation of Total Maximum Daily Loads (TMDLs). The City is responsible for 12.19% of costs based on percentage of acreage in Pinellas County. The annual cost for Clearwater is estimated to be around $79,000. This agreement is effective until 2025. APPROPRIATION CODE AND AMOUNT: Funds are available in cost code 4191365-530300, contractual services , to fund this agreement for the current year. Future year funds will be requested as part of the budget process. Page 1 City of Clearwater Printed on 8/6/2020 PINELLAS COUNTY GOVERNMENT IS COMMITTED TO PROGRESSIVE PUBLIC POLICY, SUPERIOR PUBLIC SERVICE, COURTEOUS PUBLIC CONTACT, JUDICIOUS EXERCISE OF AUTHORITY AND SOUND MANAGEMENT OF PUBLIC RESOURCES, TO MEET THE NEEDS AND CONCERNS OF OUR CITIZENS TODAY AND TOMORROW Pinellas ounty INTERLOCAL AGREEMENT BETWEEN PINELLAS COUNTY AND NPDES MS4 CO-PERMITTEES FOR WATER QUALITY MONITORING AND ASSESSMENT AGREEMENT PREPARED BY DEPARTMENT OF PUBLIC WORKS DIVISION OF ENVIRONMENTAL MANAGEMENT MARCH 2020 Page 1 of 31 INTERLOCAL AGREEMENT BETWEEN PINELLAS COUNTY AND NPDES MS4 CO-PERMITTEES FOR WATER QUALITY MONITORING AND ASSESSMENT This INTERLOCAL AGREEMENT BETWEEN PINELLAS COUNTY AND THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) CO-PERMITTEES FOR WATER QUALITY MONITORING AND ASSESSMENT (this "Agreement"), is made and entered into on this day of 2020, between (1) Pinellas County, a political subdivision of the State of Florida (the "COUNTY"); and (2) the following municipalities in Pinellas County, Florida: Town of Belleair, City of Belleair Beach, City of Belleair Bluffs, City of Clearwater, City of Dunedin, Town of Kenneth City, City of Gulfport, City of Indian Rocks Beach, City of Largo, City of Madeira Beach, Town of North Redington Beach, City of Oldsmar, City of Pinellas Park, Town of Redington Beach, Town of Redington Shores, City of St. Pete Beach, City of Safety Harbor, City of Seminole, City of South Pasadena, City of Tarpon Springs, and City of Treasure Island (although separate parties hereto collectively the "CO-PERMITTEES"). WITNESSETH: WHEREAS, the COUNTY and CO-PERMITTEES are co-permittees on Florida Department of Environmental Protection (FDEP) NPDES MS4 Permit FLS000005 (the MS4 Permit"), which is effective July 1, 2018 through June 30, 2023; WHEREAS, Part V.13.2 of the MS4 Permit requires that the parties develop a Water Quality Monitoring and Assessment Program ("Assessment Program"), either individually or collaboratively, to gauge the overall effectiveness of each party's respective Page 2 of 31 Stormwater Management Programs in identifying local sources where the MS4 is adversely affecting surface water quality; WHEREAS, the parties desire to complete the requisite Assessment Program collaboratively; WHEREAS, the COUNTY is willing to fully perform the Assessment Program on the terms and conditions stated herein and CO-PERMITTEES are agreeable to same; and WHEREAS, the parties agree that cost-sharing the Assessment Program based on jurisdictional area is fair and equitable. NOW THEREFORE, in consideration of the mutual covenants hereafter set forth, the parties hereto mutually agree as follows: SECTION 1. RECITALS The recitals set forth in the "WHEREAS" clauses above are ratified, confirmed as true and correct, and are incorporated into this Agreement. SECTION 2. COUNTY PERFORMANCE OF ASSESSMENT PROGRAM The COUNTY shall fully perform the Assessment Program, as detailed in Exhibit A attached hereto, for Fiscal Years 2021, 2022, 2023, 2024, and 2025. For purposes of this Agreement, a "Fiscal Year" is October 1 through September 30. SECTION 3. COST ALLOCATION The parties, including the COUNTY for unincorporated areas, shall share the total actual annual operating, labor, and laboratory analyses costs ("Costs")of the Assessment Program on a pro-rata basis based upon jurisdictional acreage as provided in Exhibit B Page 3 of 31 attached hereto. The COUNTY shall determine Costs for each Fiscal Year in the first quarter of each subsequent calendar year. For example, the County shall determine Costs for Fiscal Year 2021 between January 2022 and March 2022. By April 1 of each year, the COUNTY shall invoice each CO-PERMITTEE for its respective share of Costs for the prior Fiscal Year. For example, invoices for Fiscal Year 2021 (October 1, 2020 through September 30, 2021) shall be delivered to CO- PERMITTEES no later than April 1, 2022. Each CO-PERMITTEE shall make payment of such invoice to the COUNTY within forty-five (45) days of receipt of the invoice in accordance with the Florida Prompt Payment Act, section 218.72, et. seq., Florida Statutes. The invoice shall include a breakdown of operating, labor, and laboratory analyses costs. SECTION 4. NOTICE All notices, payments, and other written communications between the parties shall be sent by electronic mail, certified U.S. mail, or courier delivery service. Notices shall be considered effective when delivered as reflected by an electronic mail read receipt, a certified mail delivery receipt, or a courier service delivery receipt. Any notices, invoices, payments, and written communications shall be delivered to each party at the contact information provided below: Page 4 of 31 Belleair Bluffs: Belleair: Mr. Russ Schmader Mr. Michael Shumaker rschmader@belleairbluffs-fl.gov mshumaker@townofbelleair.net Public Works Supervisor Public Services Manager City of Belleair Bluffs Town of Belleair 2747 Sunset Blvd. 901 Ponce De Leon Blvd. Belleair Bluffs, FL 33770 Belleair, FL 33756-1096 Clearwater: Belleair Beach: Ms. Sarah Kessler Mr. Lynn Rives sarah.kessler@myclearwater.com lynn.rives@cityofbell eairbeach.com Engineering Department City Manager City of Clearwater City of Belleair Beach P.O. Box 4748 444 Causeway Boulevard, Clearwater, FL 33758-4748 Belleair Beach, Florida 33786 Gulfport: Dunedin: Mr. Tom Nicholls Ms. Whitney Marsh tnicholls@mygulfport.us wmarsh@dunedinfl.net Public Works Director Stormwater Program Coordinator City of Gulfport City of Dunedin 2401 53rd St. South 1405 County Road 1 Gulfport, FL 33707 Dunedin, FL 34698 Kenneth Citv: Indian Rocks Beach: Mr. Matthew Campbell Mr. Dean Scharmen campbellm@kennethcityfl.org dscharmen@irbcity.com Town Manager Public Services Director Town of Kenneth City City of Indian Rocks Beach 6000 54th Ave. N. 1507 Bay Palm Blvd. Kenneth City, FL 33709-1800 Indian Rocks Beach, FL 33785-2899 Madeira Beach: Largo: Mr. Robert J. Daniels Mr. Jerald Woloszynski rdaniels@madeirabeachfl.gov jwoloszynski@largo.com City Manager City Engineer City of Madeira Beach City of Largo 300 Municipal Drive P.O. Box 296 Madeira Beach, FL 33708-1996 Largo, FL 33779-0296 Oldsmar: North Redington Beach: Ms. Janice C. Bennett Ms. Mari Campbell nbennett@myoldsmar.com nrb.fl@townofnorthredingtonbeach.com Public Works Director Town Clerk City of Oldsmar Town of N. Redington Beach 100 State Street West 190173 rd Avenue Oldsmar, FL 34677-3756 North Redington Beach, FL 33708-1397 Page 5 of 31 Redington Beach: Pinellas Park: Ms. Missy Clarke Mr. Daniel Hubbard townclerk@townofredingtonbeach.com dhubbard@pinellas-park.com Town Clerk Transportation & Stormwater Div. Director Town of Redington Beach City of Pinellas Park 105 164th Ave. 6051 78th Ave. N. Redington Beach, FL 33708-1519 Pinellas Park, FL 33781 Safety Harbor: Redington Shores: Mr. Matthew Spoor Ms. Sarah Mauter mspoor@cityofsafetyharbor.com townclerk@townofredingtonshores.com City Manager Deputy Town Clerk City of Safety Harbor Town of Redington Shores 750 Main St. 17425 Gulf Blvd. Safety Harbor, FL 34695 Redington Shores, FL 33708-1299 Seminole: South Pasadena: Mr. Rodney Due Mr. Gary Anderson rdue@myseminole.com pworks@mysouthpasadena.com Public Works Director Public Works Director City of Seminole City of South Pasadena 9199 113th Street North 7047 Sunset Dr. S. Seminole, FL 33772 South Pasadena, FL 33707-2895 St. Pete Beach: Tarpon Springs: Public Works Director Mr. Anthony Mannello City of St. Pete Beach amannello@ctsfl.us 155 Corey Avenue Streets and Stormwater Supervisor St. Pete Beach, FL 33706-1839 City of Tarpon Springs 325 E. Pine Street Tarpon Springs, FL 34689 Treasure Island: Mr. Mike Helfrich mhelfrich@mytreasureisland.org Public Works Director Treasure Island Public Works 120 108th Avenue Treasure Island, FL 33706 Page 6 of 31 SECTION 5. AGREEMENT TERM This Agreement shall take effect after the COUNTY, pursuant to Section 163.01(11), Florida Statutes, has filed a fully executed version of this Agreement with the Clerk of Circuit Court of Pinellas County. This Agreement shall remain in effect until all invoices for Fiscal Year 2025 are paid. SECTION 6. WITHDRAWAL FROM AGREEMENT Any party may withdraw from Agreement by notifying all other parties in writing at least thirty (30) calendar days prior to the beginning of the next Fiscal Year, which is no later than September 1. Notwithstanding any CO-PERMITTEE'S withdrawal, this Agreement shall remain in full force and effect as it pertains to the remaining CO- PERMITTEES and the COUNTY. If the COUNTY withdraws, however, this AGREEMENT shall terminate upon receipt of notice by all CO-PERMITTEES. SECTION 7. NON-APPROPRIATION The parties understand that each party's performance of this Agreement is contingent upon annual appropriation of funds by that party's governing body for obligations hereunder. If such appropriations by any party's governing body are reduced or eliminated, that party shall promptly notify the other parties. In such event, that party shall owe no funds for the Fiscal Year(s) that funds were not appropriated. Each party understands that this Agreement is not a commitment of future appropriations by any party's governing body. Page 7 of 31 SECTION 8. LIABILITY Each party shall be responsible for its own negligence under this Agreement. Nothing herein shall be construed as a waiver of any party's sovereign immunity under Section 768.28, Florida Statutes. Nothing herein shall be construed as consent by any party to be sued by third parties. SECTION 9. CHOICE OF LAW This Agreement and the rights and obligations of the parties hereto shall be governed and construed according to the laws of the State of Florida. Any state litigation arising from this Agreement shall be filed in a court of competent jurisdiction in Pinellas County, Florida. Any federal litigation arising from this Agreement shall be filed in the Middle District of Florida, Tampa Division. SECTION 10. COMPLIANCE WITH LAWS At all times, the parties shall comply with all federal, state, and local statutes, rules, regulations and ordinances, the federal and state constitutions, and the orders and decrees of lawful authorities having jurisdiction over the matter at issue, including but not limited to Florida laws regarding the retention and disclosure of public records. SECTION 11. ENTIRE AGREEMENT AND MODIFICATION This Agreement embodies the whole agreement of the parties. There are no promises, terms, conditions, or allegations other than those contained herein, and this Agreement shall supersede all previous communications, representations, and agreements, whether written or verbal, between the parties. Page 8 of 31 This Agreement may be amended, extended, or terminated by mutual written agreement of the parties at any time. SECTION 12. SEVERABILITY If any clause or portion of a clause in this Agreement is determined to be invalid under the rule of law, the remainder of this Agreement shall remain in full force and effect. Page 9 of 31 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. PINELLAS COUNTY, FLORIDA, by and through its Board of County Commissioners By: Pat Gerard, Chair ATTEST: Deputy Clerk APPROVED AS TO FORM: Brendan Mackesey, Assistant County Attorney Page 10 of 31 THE INTERLOCAL AGREEMENT BETWEEN PINELLAS COUNTY AND NPDES MS4 CO-PERMITTEES FOR WATER QUALITY MONITORING AND ASSESSMENT CITY OF CLEARWATER, FLORIDA, A municipal corporation and political subdivision of the State of Florida Frank Hibbard William B Horne II Mayor City Manager Seal Approved as to form: Attest: Laura Mahony Rosemarie Call Attorney City Clerk EXHIBIT B PINELLAS COUNTY JURISDICTIONAL ACREAGE FY18 PINELLAS COUNTY ACREAGE* Jurisdiction Acreage % Acreage 1 Pinellas County 65,871.065 47.19% 2 Town of Belleair 1,130.100 0.81% 3 City of Belleair Beach 310.290 0.22% 4 City of Belleair Bluffs 293.841 0.21% 5 City of Clearwater 17,008.123 12.19% 6 City of Dunedin 6,871.520 4.92% 7 City of Gulfport 1,782.589 1.28% 8 City of Indian Rocks Beach 520.417 0.37% 9 Town of Kenneth City 485.602 0.35% 10 City of Largo 12,246.074 8.77% 11 City of Madeira Beach 570.930 0.41% 12 Town of North Redington Beach 156.101 0.11% 13 City of Oldsmar 5,911.322 4.24% 14 City of Pinellas Park 10,688.716 7.66% 15 Town of Redington Beach 204.275 0.15% 16 Town of Redington Shores 202.011 0.14% 17 City of Safety Harbor 3,184.449 2.28% 18 City of St. Pete Beach 1,322.451 0.95% 19 City of Seminole 3,477.262 2.49% 20 City of South Pasadena 386.043 0.28% 21 City of Tarpon Springs 6,020.590 4.31% 22 City of Treasure Island 937.667 0.67% TOTALS 139,581.438 100.00% * Data ran: 2_10_2020.SOURCE:Pinellas County Planning Department. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7915 Agenda Date: 8/6/2020 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Public Utilities Agenda Number: 7.11 SUBJECT/RECOMMENDATION: Authorize a Purchase Order with John Mader Enterprises, Inc dba Mader Electric Motors of North Fort Myers, FL to provide services to repair, replace or supply utility plant equipment, for an initial not to exceed amount of $300,000 beginning August 19, 2020 through May 20, 2021 with the option for two, one-year extensions at an annual not to exceed amount of $400,000, making the total value $1.1 million, per Clearwater Code of Ordinances Section 2.564(1)(d) Other Government Entities’ Bids, and authorize the appropriate officials to execute same. (consent) SUMMARY: Public Utilities is responsible for facilities throughout the city, including water reclamation facilities, water plants, lift stations, wells, and reclaim booster pump stations. Timely maintenance of the equipment in these facilities is required by our FDEP permits to maintain compliance to prevent the release of wastewater into the environment and maintain quality drinking water. Mader Electric Motors provides services to repair, replace, or supply equipment for the Public Utilities plants to include pumps, compressors, blowers, motors and gear boxes. Mader Electric is currently under contract with Lee County Southwest Florida #B 190409JJB. The contract is in its first year with an initial expiration date of May 20, 2021. Piggyback Contract: Lee County Contract #B 190409JJB - expires May 20, 2021 with the option of two, one-year extensions. Public Utilities- $ 300,000.00 APPROPRIATION CODE AND AMOUNT: Budgeted funds are available in Public Utilities operating cost centers to cover the cost of the contract for FY20. Funding for the period in fiscal years FY21 will be requested within contract calendar and spending limits. Page 1 City of Clearwater Printed on 8/6/2020 CONTRACT SUMMARY INFORMATION SUMMARY: Purchase is made in accordance with the Terms and Conditions of Lee County Solicitation Number B190409JJB Solicitation No.: B190409JJB Project Title: Services to Repair, Replace or Supply Utility Plant Equipment - Annual Start Date: 5/19/2020 Expiration Date: 5/20/2021 Board Date: 5/19/2020 Agenda Item: 28 Term: One Year Renewal Options: Three (3) additional one (1) year periods Address Book (E1) No.: 265469 Awarded Vendor: John Mader Enterprises, Inc. dba Mader-Electric Motors Contact Person: Jermey Mader Phone No.: 239-731-5455 Fax No.: 239-731-8165 Email Address: maderelectricmotors@msn.com *Please see Notes Section Below* Notes: 1. CONTRACT USE 1.1. Departments should use the existing contract B-160144 until its expiration date 8/18/2020 before transitioning to this contract unless otherwise discussed with procurement on a case by case basis 2. INVOICES 2.1. The Vendor’s invoices shall include the following items: 2.1.1. The full name of the County employee who authorized the work to be done. 2.1.2. Name of the facility where work was performed. 2.1.3. Address or location of the facility. 2.1.4. County work order, purchase order or contract number. 2.1.5. Problem corrected and description of work performed. 2.1.6. Identifiers for equipment worked on, e.g., lift station number, pump number, serial number, horsepower, manufacturer, etc. 2.1.7. For labor, invoices shall include the name, classification, work performed, total straight time hours worked, total premium time hours worked, and extended amount. 2.1.8. For repair components, the invoices shall include the item, quantity, unit price, and extended amount. 2.1.9. For replacement equipment supplied and /or installed, the invoices shall include the item description, manufacturer, model number, serial number, location where delivered or installed, price, mark-up, and extended amount. 2.1.10. For crew billing, invoices shall include premium time hours for crew, rate for crew, crane use hours, rate and extended amounts. 2.1.11. For any subcontracted work, the invoices shall include the name of subcontractor, work performed, price, mark-up and extended amount. 2.1.11.1. For miscellaneous items, e.g., overnight freight, pick-up or delivery charges, consumables, etc., invoices shall indicate such items as a separate line item. 2.1.12. For miscellaneous items, e.g., overnight freight, pick-up or delivery charges, consumables, etc., such charges shall be pass-through charges at Vendor costs incurred. 2.1.13. For specialty services, if any, the invoices shall include the service provided, name of provider, hours, rate and extended amount. 2.1.14. In the event that the Vendor bills the County for charges from other sources, the Vendor shall provide invoices in order to verify any additional charges plus the markup percentage. 2.1.15. Include on invoices for ALL labor type jobs date of when work started and completed. 2.2. Material Markup 2.2.1. Percentage markup for repair components and new equipment shall be above Vendor incurred costs for such items. County reserves the right at any point during the term of the Agreement, inclusive of any renewals, to request supporting documentation of Vendor invoiced amounts of material markup items. ITEM 28. Utilities - Consent AGENDA ITEM REPORT DATE:May 19, 2020 DEPARTMENT:Utilities REQUESTER:Pamela Keyes TITLE:Award Contract for Services to Repair, Replace or Supply Utility Plant Equipment I. MOTION REQUESTED A) Award Invitation to Bid No. B190409JJB, Services to Repair, Replace or Supply Utility Plant Equipment - Annual, to John Mader Enterprises, Inc. dba Mader Electric Motors for the services to repair, replace or supply utility plant equipment, on an as needed basis, for an initial term of one year, in the amount of $2,500,000. B) Authorize the Chair to execute the contract documents on behalf of the Board of County Commissioners. C) Grant the County Manager or designee the authority to renew the contract, for up to three additional one year periods, and to execute all associated documents, as approved in the departments’ annual adopted budgets, if doing so is in the best interest of Lee County, and there are no cost increases associated with the renewal. II. ITEM SUMMARY Awards a contract to John Mader Enterprises, Inc. dba Mader Electric Motors, to provide services to repair, replace or supply utility plant equipment, on an as-needed basis for an initial one year period in the amount of $2,500,000. The contract can be renewed up to three additional one year periods, upon the agreement of both parties.Total budgeted expenses for this contract remain unchanged at $2,500,000. The purpose of this contract is to provide Utilities with an on call vendor to make the various repairs in a timely manner and in cases of emergency. The type of equipment they service includes vertical turbine well pumps, feed pumps, horizontal split-case pumps, submersible well pumps, gearboxes, and compressors. III. BACKGROUND AND IMPLICATIONS OF ACTION A) Board Action and Other History Procurement Management obtained bids for the project known as Invitation to Bid No. B190409JJB, Services to Repair, Replace or Supply Utility Plant Equipment - Annual. On the bid deadline of December 20, 2019, Procurement Management received one submittal. After conducting an analysis of the bid submission, John Mader Enterprises, Inc. dba Mader Electric Motors was determined to be the responsible bidder with the lowest responsive bid. Staff recommends awarding a contract to John Mader Enterprises, Inc. dba Mader-Electric Motors for use on an as-needed basis to provide services to repair, replace, or supply utility plant equipment for an initial one year period in the amount of $2,500,000. The contract can be renewed up to three additional one year periods, upon the agreement of both parties. Total expenditures for these services for Fiscal Year 2019 were $2,088,919.56. B) Policy Issues C) BoCC Goals D) Analysis E) Options IV. FINANCIAL INFORMATION A) Current year dollar amount of item: $2,500,000 B) Is this item approved in the current budget? Yes C) Is this a revenue or expense item? Expense D) Is this Discretionary or Mandatory? Discretionary E) Will this item impact future budgets? If yes, please include reasons in III(D) above.No F) Fund: Operating and CIP Program: Utilities Project: Services to Repair, Replace or Supply Utility Plant Equipment Account Strings: Various G) Fund Type?Enterprise H) Page 1 of 2Coversheet 5/15/2020https://leecounty.novusagenda.com/agendapublic/CoverSheet.aspx?ItemID=3017&Meetin... Comments: Expenditures will be as needed and within the departments’ annual approved, adopted budgets. V. RECOMMENDATION Approve VI. TIMING/IMPLEMENTATION VII. FOLLOW UP ATTACHMENTS: Description Upload Date Type B190409JJB - John Mader Enterprises Proposed Contract 4/20/2020 Agreement REVIEWERS: Department Reviewer Action Date Utilities Keyes, Pamela Approved 5/6/2020 - 9:55 AM Budget Services Guttery, Angela Approved 5/7/2020 - 7:57 AM Budget Services Winton, Peter Approved 5/7/2020 - 8:41 AM County Attorney Swindle, Amanda Approved 5/7/2020 - 11:18 AM County Manager Brady, Christine Approved 5/11/2020 - 11:57 AM Page 2 of 2Coversheet 5/15/2020https://leecounty.novusagenda.com/agendapublic/CoverSheet.aspx?ItemID=3017&Meetin... B190409JJB Services to Repair, Replace or Supply Utility Plant Equipment -Annual John Mader Enterprises, Inc. dba Mader-Electric Motors El Contract # __ _ Board Approval Date: __ _ AGREEMENT FOR SERVICES TO REPAIR, REPLACE, OR SUPPLY UTILITY EQUIPMENT THIS AGREEMENT ("Agreement") is made and entered into by and between Lee County, a political subdivision of the State of Florida, hereinafter referred to as the "County" and John Mader Enterprises, Inc. dba Mader-Electric Motors, a Florida corporation authorized to do business in the State of Florida, whose address is 18161 N. Tamiami Trail, North Fort Myers, FL 33903, and whose federal tax identification number is 65-0048538, hereinafter referred to as "Vendor." WITNESSETH WHEREAS, the County intends to purchase the servies to repair, replace or supply utility plant equipment from the Vendor in connection with "Services to Repair, Replace, or Supply Utility Plant Equipment -Annual" (the "Purchase"); and, WHEREAS, the County issued Solicitation No. B190409JJB on November 19, 2019 (the "Solicitation"); and, WHEREAS, the County evaluated the responses received and found the Vendor qualified to provide the necessary products and services; and, WHEREAS, the County posted a Notice of Intended Decision on January 8, 2020; and, WHEREAS, the Vendor has reviewed the products and services to be supplied pursuant to this Agreement and is qualified, willing and able to provide all such products and services in accordance with its terms. NOW, THEREFORE, the County and the Vendor, in consideration of the mutual covenants contained herein, do agree as follows: I. PRODUCTS AND SERVICES The Vendor agrees to diligently provide all products and services for the Purchase in accordance with the project Scope of Services made part of this Agreement as Exhibit A, attached hereto and incorporated herein . Vendor shall comply strictly with all of the terms and conditions of Solicitation No . B190409JJB, as modified by its addendum, copies of which are on file with the County's Department of Procurement Management and are deemed incorporated into this Agreement. Page 1 of 22 II. TERM AND DELIVERY A. This Agreement shall commence immediately upon the effective date and shall continue through the delivery of the Purchase and the associated warranty period as further described in this Agreement on an as needed basis for one (1) year period. There may be an option to extend his contract based upon the written approval of both the County and Vendor for three (3) additional, one (1) year perioids. The effective date shall be the date the Lee County Board of County Commissioners awarded the Solicitation to the Vendor. B. A purchase order must be issued by the County before commencement of any work or purchase of any goods related to this Agreement . III. COMPENSATION AND PAYMENT A. The County shall pay the Vendor in accordance with the terms and conditions of this Agreement for providing all products and services as set forth in Exhibit A, and further described in Exhibit B, Fee Schedule, attached hereto and incorporated herein. Said total amount to be all inclusive of costs necessary to provide all products and services as outlined in this Agreement, and as supported by the Vendor's submittal in response to the Solicitation, a copy of which is on file with the County's Department of Procurement Management and is deemed incorporated into this Agreement. B. Notwithstanding the preceding, Vendor shall not make any deliveries or perform any services under this Agreement until receipt of written authorization from the County. Vendor acknowledges and agrees that no minimum order or amount of product or service is guaranteed under this Agreement and County may elect to request no products or services. If the County authorizes delivery of products or performance of services, the County reserves the right to amend, reduce, or cancel the authorization in its sole discretion. C. All funds for payment by the County under this Agreement are subject to the availability of an annual appropriation for this purpose by the County. In the event of non -appropriation of funds by the County for the services provided under this Agreement, the County will terminate the contract, without termination charge or other liability, on the last day of the then current fiscal year or when the appropriation made for the then -current year for the services covered by this Agreement is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this Agreement, cancellation shall be accepted by the Vendor on thirty (30) days' prior written notice, but failure to give such notice shall be of no effect and the County shall not be obligated under this Agreem ent beyond the date of termination. Solicitatio n No. B19040 9 JJ B Pag e 2 o f 2 2 IV. METHOD OF PAYMENT A. The County shall pay the Vendor in accordance with the Local Government Prompt Payment Act, Section 218. 70, Florida Statutes, upon receipt of the Vendor's invoice and written approval of same by the County indicating that the products and services have been provided in conformity with this Agreement. B. The Vendor shall submit an invoice for payment to the County on a monthly basis for those specific products and services as described in Exhibit A (and the corresponding fees as described in Exhibit B that were provided during that invoicing period. C. For partial shipments or deliveries, progress payments shall be paid monthly in proportion to the percentage of products and services delivered on those specific line items as approved in writing by the County. V . A D DITI ONAL PURCHASES A . No changes to this Agreement or the performance contemplated hereunder shall be made unless the same are in writing and signed by both the Vendor and the County. B. If the County requires the Vendor to perform additional services or provide additional product(s) related to this Agreement, then the Vendor shall be entitled to additional compensation based on the Fee Schedule as amended to the extent necessary to accommodate such add itional work or product(s). The additional compensation shall be agreed upon before commencement of any additional services or provision of additional product(s) and shall be incorporated into this Agreement by written amendment . The County shall not pay for any additional service, work performed or product provided before a written amendment to this Agreement. Notwithstanding the preceding, in the event additional services are required as a result of error, omission or negligence of the Vendor, the Vendor shall not be entitled to additional compensation . V I. LIABI LITY O F VE N DOR A. The Vendor shall save, defend, indemnify and hold harmless the County from and against any and all claims, actions, damages, fees, fines, penalties, defe nse costs, suits o r liabilities which may arise out of any act, neglect, error, omission or default of the Vendor arising out of or in any way connected with t he Vendor or subcontractor's performance or failure to perform under the terms of this Agreement. Solicitation No. 8 19040 9JJ8 Pa g e 3 of 2 2 B. This section shall survive the termination or expiration of this Agreement. VII. VENDOR'S INSURANCE A. Vendor shall procure and maintain insurance as specified in Exhibit C, Insurance Requirements, attached hereto and made a part of this Agreement. B. Vendor shall, on a primary basis and at its sole expense, maintain in full force and effect, at all times during the life of this Agreement, insurance coverage (including endorsements) and limits as described in Exhibit C. These requirements, as well as the County's review or acceptance of insurance maintained by Vendor, are not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by Vendor under this Agreement. Insurance carriers providing coverage required herein must be licensed to conduct business in the State of Florida and must possess a current A.M. Best's Financial Strength Rating of "B or better." No changes are to be made to these specifications without prior written specific approval by County Risk Management. To the extent multiple insurance coverages and/or County's self-insured retention may apply, any and all insurance coverage purchased by Vendor and its subcontractors identifying the County as an additional named insured shall be primary. VIII. RESPONSIBILITIES OF THE VENDOR A. The Vendor shall be responsible for the quality and functionality of all products supplied and services performed by or at the behest of the Vendor under this Agreement. The Vendor shall, without additional compensation, correct any errors or deficiencies in its products, or if directed by County, supply a comparable replacement product or service. B. The Vendor warrants that it has not employed or retained any company or person (other than a bona fide employee working solely for the Vendor), to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm other than a bona fide employee working solely for the Vendor, any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award of this Agreement. C. The Vendor shall comply with all federal, state, and local laws, regulations and ordinances applicable to the work or payment for work thereof, and shall not discriminate on the grounds of race, color, religion, sex, or national origin in the performance of work under this Agreement. D. Vendor specifically acknowledges its obligations to comply with Section 119.0701, Florida Statutes, with regard to public records, and shall: Solicitation No. B190409JJB Page 4 of 22 1) keep and maintain public records that ordinarily and necessarily would be required by the County in order to perform the services required under this Agreement; 2) upon request from the County, provide the County 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 in Chapter 119, Florida Statutes, or as otherwise provided by law; 3) ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law; and 4) meet all requirements for retaining public records and transfer, at no cost to the County, all public records in possession of Vendor upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the County in a format that is compatible with the information technology system of the County. IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE VENDOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 239-533- 2221, 2115 SECOND STREET, FORT MYERS, FL 33901, publicrecords@leegov.com; http:/ /www.leegov.com/publicrecords. E. The Vendor is, and shall be, in the performance of all work, services and activities under this Agreement, an independent contractor. Vendor is not an employee, agent or servant of the County and shall not represent itself as such . All persons engaged in any work or services performed pursuant to this Agreement shall at all times, and in all places, be subject to the Vendor's sole direction, supervision and control. The Vendor shall exercise control over the means and manner in which it and its employees perform the work, and in all respects the Vendor's relationship and the relationship of its employees to the County shall be that of an independent contractor and not as employees of the County. The Vendor shall be solely responsible for providing benefits and insurance to its employees. F. The Vendor shall comply with the Vendor Background Screening Affidavit attached hereto and incorporated herein as Exhibit D. Solicitation No. B190409JJB Page 5 of 22 IX. OWNERSHIP OF PRODUCTS It is understood and agreed that all products provided under this Agreement shall become the property of the County upon acceptance by the County. X. TIMELY DELIVERY OF PRODUCTS AND PERFORMANCE OF SERVICES A. The Vendor shall ensure that all of its staff, contractors and suppliers involved in the production or delivery of the products are fully qualified and capable to perform their assigned tasks. B. The personnel assigned by the Vendor to perform the services pursuant to this Agreement shall comply with the terms set forth in this Agreement. If the services provided require use of specific key personnel, the personnel shall be agreed to by the County and Vendor. If the Vendor's key personnel have been predetermined and approved, through the Solicitation process or otherwise, any subsequent change or substitution to the personnel must receive the County's written approval before said changes or substitution can become effective. C. The Vendor specifically agrees that all products shall be delivered within the time limits as set forth in this Agreement, subject only to delays caused by force majeure, or as otherwise defined herein. "Force majeure" shall be deemed to be any unforeseeable and unavoidable cause affecting the performance of this Agreement arising from or attributable to acts, events, omissions or accidents beyond the control of the parties. XI. COMPLIANCE WITH APPLICABLE LAW This Agreement shall be governed by the laws of the State of Florida. Vendor shall promptly comply with all applicable federal, state, county and municipal laws, ordinances, regulations, and rules relating to the services to be performed hereunder and in effect at the time of performance . Vendor shall conduct no activity or provide any service that is unlawful or offensive. XII. TERMINATION A. The County shall have the right at any time upon thirty (30) days' written notice to the Vendor to terminate this Agreement in whole or in part for any reason whatsoever. In the event of such termination, the County shall be responsible to Vendor only for fees and compensation earned by the Vendor, in accordance with Section III, prior to the effective date of said termination . In no event shall the County be responsible for lost profits of Vendor or any other elements of breach of contract. B. After receipt of a notice of termination, except as otherwise directed, the Vendor shall stop work on the date of receipt of the notice of termination or other date specified in the notice; place no further orders or sub- Solicitation No. B190409JJB Page 6 of 22 contracts for materials, services, or facilities except as necessary for completion of such portion of the work not terminated; terminate all vendors and subcontracts; and settle all outstanding liabilities and claims. C. The County's rights under this Agreement shall survive the termination or expiration of this Agreement and are not waived by final payment or acceptance and are in addition to the Vendor's obligations under this Agreement. XIII. DISPUTE RESOLUTION A. In the event of a dispute or claim arising out of this Agreement, the parties agree first to try in good faith to settle the dispute by direct discussion. If this is unsuccessful, the parties may enter into mediation in Lee County, Florida, with the parties sharing equally in the cost of such mediation . B. In the event mediation, if attempted, is unsuccessful in resolving a dispute, the parties may proceed to litigation as set forth below. C. Any dispute, action or proceeding arising out of or related to this Agreement will be exclusively commenced in the state courts of Lee County, Florida, or where proper subject matter jurisdiction exists, in the United States District Court for the Middle District of Florida. Each party irrevocably submits and waives any objections to the exclusive personal jurisdiction and venue of such courts, including any objection based on forum non conveniens. D. This Agreement and the rights and obligations of the parties shall be governed by the laws of the State of Florida without regard to its conflict of laws principles. E. Unless otherwise agreed in writing, the Vendor shall be required to continue all obligations under this Agreement during the pendency of a claim or dispute including, but not limited to, actual periods of mediation or judicial proceedings. XIV. VENDOR WARRANTY A. All products provided under this Agreement shall be new (unless specifically identified otherwise in Exhibit B) and of the most suitable grade for the purpose intended. B. If any product delivered does not meet performance representations or other quality assurance representations as published by manufacturers, producers or distributors of the products or the specifications listed in this Agreement, the Vendor shall pick up the product from the County at no expense to the County. The County reserves the right to reject any or all materials if, in its judgment, the item reflects unsatisfactory workmanship Solicitation No. B190409JJB Page 7 of 22 or manufacturing or shipping damage. In such case, the Vendor shall refund to the County any money which has been paid for same. C. Vendor shall secure from the applicable third party manufacturers, and assign and pass through to the County, at no additional cost to the County, such warranties as may be available with respect to the equipment, parts and systems provided through the Purchase. D. Vendor shall provide one digital and two hard copies of all installation, operation and maintenance manuals for all new equipment supplied and/or installed to requesting Department, as well as the documentation for warranties on all work as follows: a. Labor and materials -12 month warranty b. Rebuilt or repaired equipment -90 day warranty c. New equipment -Manufacturer's warranty period XV. MISCELLANEOUS A. This Agreement constitutes the sole and complete understanding between the parties and supersedes all other contracts between them, whether oral or written, with respect to the subject matter. No amendment, change or addendum to this Agreement is enforceable unless agreed to in writing by both parties and incorporated into this Agreement. B. The provisions of this Agreement shall inure to the benefit of and be binding upon the respective successors and assignees of the parties hereto. A party to this Agreement shall not sell, transfer, assign, license, franchise, restructure, alter, or change its corporate structure or otherwise part with possession or mortgage, charge or encumber any right or obligation under this Agreement without the proposed assignee and/or party restructuring, altering or changing its corporate structure agreeing in writing with the non-assigning party to observe and perform the terms, conditions and restrictions on the part of the assigning party to this Agreement, whether express or implied, as if the proposed assignee and/or party restructuring, altering or changing its corporate structure was an original contracting party to this Agreement. Notwithstanding the foregoing provision, the Vendor may assign its rights if given written authorization by the County and claims for the money due or to become due to the Vendor from the County under this Agreement may be assigned to a financial institution or to a trustee in bankruptcy without such approval from the County. Notice of any such transfer or assignment due to bankruptcy shall be promptly given to the County. C. The exercise by either party of any rights or remedies provided herein shall not constitute a waiver of any other rights or remedies available under this Agreement or any applicable law . Solicitation No. B190409JJB Page 8 of 22 D. The failure of the County to enforce one or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right therealter to enforce each and every such provision . E. The parties covenant and agree that each is duly authorized to enter into and perform this Agreement and those executing this Agreement have all requisite power and authority to bind the parties . F. Neither the County's review, approval or acceptance of, nor payment for, the products and services required under this Agreement shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. G. If the Vendor is comprised of more than one legal entity, each entity shall be jointly and severally liable hereunder. H. When any period of time is referred to by days herein, it shall be computed to exclude the first day and include the last day of such period. When the period of time is fewer than three (3) days, it shall mean business days as defined by Lee County. If the period of time is greater than three (3) days, then it shall mean calendar days. For any period of time greater than seven (7) days, where the deadline falls on a Saturday, Sunday, or Lee County recognized holiday, the deadline will then fall to the next Monday or non- Lee County recognized holiday I. Any notices of default or termination shall be sufficient if sent by the parties via United States certified mail, postage paid, or via a nationally recognized delivery service, to the addresses listed below: Vendor's Representative: County's Representatives: Name: Jeremy Mader Names: Roger Desjarlais Mary Tucker Director of Title: President Titles: County Manager Procurement Management Address: 18161 N. Tamiami Address: P.O. Box 398 Trail North Fort Myers, FL Fort Myers, FL 33902 33903 Telephone: 239-731-5455 Telephone: 239-533-2221 239-533-8881 Facsimile: 239-731-8165 Facsimile: 239-485-2262 239-485-8383 E-mail: maderelectricmotors E-Mail: @msn.com rdesj arlais@leegov.com mtucker@leegov.com Solicitation No. B190409JJB Page 9 of 22 J. Any change in the County's or the Vendor's Representative will be promptly communicated by the party making the change . K. Paragraph headings are for the convenience of the parties and for reference purposes only and shall be given no legal effect. L. In the event of conflicts or inconsistencies, the documents shall be given precedence in the following order: 1. Agreement 2. County's Purchase Order 3 . Solicitation 4. Vendor's Submittal in Response to the Solicitation [The remainder of this page intentionally left blank.] Solicitation No. B190409JJB Pag e 10 of 2 2 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date last below written. WITNESS: JOHN MADER ENTERPRISES, INC. DBA MADER-ELECTRIC MOTORS Signed By: /l~ /~ AA I Signed By: ~~ Print Name:~/¼l..-c.r Print Na me: )-1'.fd!-yi,.j /'1 C:, <LL.- Title: /J/1-{s JJ t/J ATTEST: CLERK OF THE CIRCUIT COURT Linda Doggett, Clerk BY: __________ _ APPROVED AS TO FORM FOR THE RELIANCE OF LEE COUNTY ONLY: BY: ------------ 1 -7=--20 Date: _er-_~2 _______ _ LEE COUNTY BOARD OF COUNTY COMMISSIONERS OF LEE COUNTY, FLORIDA BY: ------------CHAIR DATE: ----------- OFFICE OF THE COUNTY ATTORNEY Solicitation No. B190409JJB Page 11 of 22 EXHIBIT A SCOPE OF WORK AND SPECIFICATIONS SCOPE OF WORK .-\.ND SPECITTC.-UlO~S L GThTR.\L SC OPE OF WORK 1.1 The Lee County Board of County Commissioners seeks to contract with a qualified Vendor to provi de parts and repair services fo r various utility pl ant equipment, such as but not limited to : Actuators Aeration Rotors/ Bmshes Aerators Bar screens Belt presses (Sludge Dewatering) Centrifugal blowers Centrifugal pumps Centrifuges (Sludge Dewatering) Chlorine Contact chambers Chopper pumps Clarifiers Clearwells Compressors Diaphragm Pumps Diffusers Digasifiers Digesters Feed Pu.n:q>s filters forced Draft Blowers GeaJboxes Grease Pots Grinder Pumps Grit Oassifier Grit Pumps Grit Snail Headworks High sen ice Pumps Horizontal split-ease pumps Hydraulic Pumps Interstage booster pumps lift pumps Lime Slakers Mud Wells Oxidation Ditches Positi\'e Displacement blowers Screw pump~ Step screens Submersible pumps Transfer Pumps Vertical turbine pu:n'.4)S \Vell~s 11 The Vendor shall repair, replace or supply utility plant equipment for the Lee County Utilities Division as requested on an as-needed basis. The Vendor shall provide all materials and labor nece.ssaIJ to complete all work performed under this Agreement. 1.3 During the term of this Agreement and any renewals, the Vendor shall: 1.3 .1 Maintain a UL674 shop certification throughout the term of the Agreement. l.3.2 Respond to calls for sen ire as follows : 1.31.1 Emergencies-two hours or less. This includespro\idingnecessaryequipment such as cranewhe:n applicable . 1 J .2.1.1 Emergency sta tus/categorization for pt1Ip0sed of this Agreement shall be at the discretion of the County department authorizing work to be completed. 13.2.2 Be able to reach the Colle ge Parkway Facility located at 7401 College Parkway Fort lvfyers, FL 33907, during an emergency, within two homs. 131.3 Regular repairs -return the County 's phone call \\itbin one hour, and repairs shall be started within 72 hours or less. 1 J .2.4 Weekends and Holidays -return the County's phone call within one hour or less . 13 .3 Order equipment and parts for the Cotmty in a timely manner to keep the facility nmning up to capacity. 819G.109JJB: St.mets to Rtpa.ir, R!pla<t or Supply t:tilily Put :Eqaipmut-Aaul So licitation No. 8190409]]8 Page 12 of 22 13.4 Supply parts for equipment manufacturer 's such as, but not limited to : ABS Afton Aliabval Allis Chalmers Andritz Aurora Baldor Beck Boerger Centrysis Chemco Cro\',n D,m:.o Da}1:on Deloach Dodge Envire.'t Euro dri\-e Evoqua Fairbanks Morse Finish Thompson FlO\',i5eI\'e Flygt Foot Jones Gardner Denver Gonmn-Rupp Gould Gnmdfos Hub City Ingersoll Rand Jacobs Jacobs AIR S}'Stems Jet Tech 1-Line Johnson Lakeside Lamson Layne Leopold Lufkin Marathon ~oyno MSA Peerless Penn Valley Pista-Grit Prominent Quincy RJ Eu\"ironmental Roots SBR Seepex Speedaire Spirac Sultz.er Sumitomo Trino\ra Triton Vaughn \Veg Weinm..'Ulll Wildon \\ftloEMU \\flDlCO \Vllldsmith Woerner Worthington Xylem l.3 .5 ~fake modifications and repairs on the spot to keep the facility opaational. 1.3 .6 Perform senrices to epoxy coat rotating equipment parts e.g., impellers, shafts , blower funs etc., prior to reassembly to protect the components from harsh environment. 1.3 .7 Provide specialty coatings for all equipment l)-pes and materials including noIUDetallic concrete surfaces. 1.3 .8 Have at least three (3) employees dedicated to the County Agreement, including two in the field and one in the shop . Each employee assigned the Agreement much have n rui:nimum ()f three years of verifiable experience. This experience DllI)' be \-eri.fied by the County at any point during the term of the Agreement and shall be verified via employment dates of companies that the employee has worked at utilizing their trade skills. 1.3 .9 Own, lease., rent and nnintain all equipment necessary to provide the se services to inc.Jude, at minimum, welding machines , hydraulic press, brake, motor test platform, safety equipment and crane . Bl.90J09JJB : Stmct:i to Rtplir, ~plactor Supply t:tility Pa.11t £qllipmlll -Aeul Solicitation No. B190409JJB Page 13 of 22 111'.lt~tt 2. TECH1\1CAL REOUIRD!E.'ITS 2.1 On a call out and pre-authorization basis, the Vendor shall provide the service; described as follows: 2 .1.1 PerfOJD1repair work at the County 's location, or pick up the equipment from the Cotmty 's location for repair at the Vendor's shop. 2.1 .2 Maintain adequate spare parts and pumps in the Vendor's shop for a:ny emergency repairs. Only OEM parts shall be used on all rebuilds, no afterman:et substihrtes . 2.1.3 Vendor shall label each piece of equipment. Each piece of equipment shall receive an identification plate with its own individual identifying mnnbeI, either mule out of brass or aluminum or riveted in place. 2. l .4 Perfonn test run on all repaired. or new equipment and document acceptance by the County. 2.l .4.1 Remcm:tl, m:,--pection, evaluatio~ repair and re-installation of existing eq1ripment or installation of a new equipment. 2.1 .4 .2 When possible, Vendor shall change stuffing box configuration from packing to a water cooled and internal water flw;hed mechan.ical seal. 2.1 .4.3 Machine and adapt proper fit up to the liquid side of the pump . 2 .1.4 .4 Peno.rm test nm on all repaired or new equipment and document acceptance by LCU . 2. l .4.5 Perfonn electrical/mechanical repairs on 40 -500 horsepower ptuqis. 2.1.4.6 Upon re-installation or new installation. a full laser alignment shall be perl'ormr.d along with a ,ibration analysis during test nm. 2 .1 .4. 7 For submmible well pmnps. upon installation or re-installation all nuts, bolts, and sh1ds shall be replaced with new, 316 stainless steel nuts, bolts and studs. 2 .1.4.8 For submersible well pwnps, Change piping to Certaloc piping on all well pwnps that does not e.'iist when converting from ,-ertical turbine to submemole application. 2 .1.4 .9 For submersible well ptunps, Add ¼" PVC pipe completely secured to discharge pipe of pump do\\U into well to sem! as an insertion tube for pizometer to measure well draw downs. 2.1 .4.10 For submenible well pumps, Pro1;ide stainless steel safety cable connected to top of pump and motor to provide adequate support in the e,·ent of piping failure . 2.1.4.11 For sewage lift station ptuq>S, Upon installation or re-installation all nu1s, bolts, and shul.s shall be replaced with IlfW, 316 stainless steel nuts, bolts and studs . 2.1.4.12 For Gear Boxes, Pull and rebuild gearboxes , replace all bearings, bushings, and gears. 2.1 .4.1 3 For Gear Boxes, Machine all smfaces related to bearing and oil seal SUifuces for a proper fit as nece~a1y. 2.1.4.14 For Gear Boxes, Reassemble and install, align as necessary to a\'oid shaft wobble by sb iom:rin g vertically. ' Bl.90J09JJB: Senicts to Rtpur, R.eplact or SupplJ t:tilify P:lllf Equipmenf-Auul Solicitation No. B190409JJB Page 14 of 22 2 .1.4.15 For Gear Boxes, All nu1s , bolts and studs shall be replaced with new, 316 stainless steel nuts, bolts and studs. 2 .1.4.16 For Gear Boxes, Perl'orm laser :iligmne.nt between motor and gearbox assemblies. 2.1.4.17 For Compressors, Dress or hone cylinder walls. 2 .1.4.18 For CompreS-s ors , Replace , as needed, ringss, suction and discharge valves, bearings and bushings. pistons, and crank shafts. 2.1 .4.19 For Compre ssors, Clean orreplace sight glass to oil sump as necessary . 2.1.4.20 For Compressors , Inspect inner-cooler and after-cooler for cracks, replace as necess:uy. 2.1 .4.2 1 For Compressors , Supply new dri,-e belts as needed. 2 .1.4.22 For Compre ssors, Tes t pressure m itches for setting,, operation and condition of contacts, replace as necessary. 3. DOCU11ENTATIOl\ 3 .1 The Vendor shall provide one digital and two hardcopies to requesting Department of all installation, operati on and maintenance manuals for all new equipment supplied and/or installed, as well as the documentation for warranties on all work as foll ows: 3.1.1 Labor and materials-12 month warranty 3 .1.2 Rebuilt or repaired equipment -90 day warranty 3 .1.3 New equipment -Manufacturer 's wammty period 32 The Vendor shall provide digital pichire:s of the equipment data plates showing model numbers, serial nUillbers, et c. for equipment installed in such a way that the plates are difficult to read or access (such as those attached to submersible well pumps, vertical pumps., etc.). 3.3 The Vendor shall ensure that during the tenn of the Agreement, inclusn-e of any renew als, that the Vendor's crew crane members ha\-e attended safety classes on crane operation. End ofSrope of Work and Specifications Section , B190.f09JJB: SHVicM to R•pair, R..phn or Supply t:tilify Paat £qaipmt11t-AaauJ Solicitation No. B190409JJB Page 15 of 22 SPECL-U. co~mo~s These are conditions that are in relation to this solicitation only and have not been included in the County's standard Terms and Conditions or the Scope of\Vorl.:. I. PROJECT ITR1H 1.1 The Vendor shall be responsible for furnishing and delivering to the Lee County requesting Departme:nt(s) the commodity or services o.n an "as needed basis" for a one-year (1) period. There may be an option to extend this contract as specified in the Scope of Won; or specifications upon the approval of both the Co\lllty and the Vendor at the time of e."(fension or renewal for three (3), additional one (1) year periods. 2. BASIS OF .-\ W.-\RD 2.1 The basis of award shall be determined by the lowest Projad Total Bid of the most responsive, responsible, and qualified Vendor meeting all bid specifications. 3. ThTOICES 3.1 The Vendor 's invoices shall include the following items: 3.1.1 The full name of the Co\lllty ezqiloyee who authoriz.ed the work to be done . 3 .1.2 Name of the facility where work was perfoIDJed. 3.1.3 Address or location of the fucility. 3 .1.4 County work order, purchase order or contrnct number. 3.1.5 Problem correcred and description of work performed. 3.1.6 Identifiers for equipment worl:ed on, e.g., lift station DU.DDer, pump llllillber, serial number , horsepower, manufacturer, etc. 3.1.7 For labor, in\•oices shall include the name, classification, work perfoIDJ.ed, total straight time boors wod.:ed, total premium time hours worked, and extended amount. 3.1.8 For repair CODllonents, the in,·oices shall include the item, quantity, unit price, and extended am>unt. 3.1 .9 For replacement equipment supplied and /or installed, the invoices shall include the item description, manufacturer, model number, serial mmi>er, location where delivered or installed, price, mru:k-up , and extended amount. 3 .1 .10 For crew billing, im -oices shall include premium time hours for crew, rate for crew, crane use hmirs , rate and extended amounts . 3 .1.11 For any subcontracted work, the invoices shall include the name of subcontractor. wod; performed, price , m:uk-up and extended amount. 3.1.12 For miscellaneous items. e.g ., overnight freight, pick-up or deli,·eI)• charges, consumables, etc ., invoices shall indicate such items as a separate line item. 3 .1.12.1 For miscellaneous items, e .g., overnight freight, pick-up or deli\'ery charges, consumables, etc., such charges shall be pass-through charges at Vendor costs incurred. 3 .1 .13 For specialty services, if :my, the inrnices shall include the service pro\ided, name of prmider, hours, rate and extended amount 3.1.14 In the e\'ent that the Vendor bills the County for charges from other soun::es, the Vendor shall provide invoices in order to verify any additional charges plus the markup percentage. 3.1.15 Include on invoices for AIL labor type jobs date of when wod: started and co~leted. 3.2 Material ~-up 3 .2 .1 Percentage marl.·up for repair components and new equipment shall be above Vendor incurred costs for such items . Cowty reserves the right at any point during the term of the Agreement, inclusive of any renewals, to request supporting documentation of Vendor inrniced amounts of material markup items . BUl(UOJ>JJB: Suvice lo Rtpair, Rtplatt or S1rpply -Clility Put Equipmml -Annul Solicitation No . B190409JJB Page 16 of 22 VEIi-.. 4 REQum.ED SlJ"MllTL\L DETAILS & DOCU\ffi',"TS 4.1 Vendor is requested to pm\'ide with bid submittal the below items. The C0tmty resen·es the right lo request additional documentation or cfarification at any point prior to award and during tam of Agreement, inclusive of any renewals. Failure to pr°',ide requested submittal documents in a timely manner, at the sole discretion of the County, may deem Vendor non-responsive and i.neligiole for 3Ward, renewal, or continuation of sen.ices_ County may accept OT reject the documentation pm\lided as acceptable to meet the below requests at its sole discretion. 4.1.1 Vendor shall hold a UL674 shop certi..fication0lotice of Completion and Authorization to Apply UL ½irk at time of County intent to award. 4.1 1 The Vendor shall li5t where indicated on the proposal form ass ociated with this solicitation if they own, rent or lease the crane. 4.1 .2.1 If the Vend.or is renting or leasing, they ml5t provide a copy of the Agreement to the County for proof that the Vendor is be able to meet the two hour emergency time required as part of this Agreement 4 .1.3 Vendor shall provide doaUDentation that the crane crew members haYe attended safety clas.ses on crane operation. 4 .2 Such required documentation and details shall be pro\iided. and in the name of the prime Vendor. Sub- contractors may not fulfill requirements as descnl>ed in this article. 5. U.\STER COJ\!!R..\CTI'\'OTICE S.1 . This is a '·Ma.ster"f'Arurual" contract, which is not for any specific project. Won: to be performed tmder this contract will be authoriz.ed, scheduled, fimded, and accounted for by the issuance of County Purcha:.e Order (PO), by the requesting department The requesting County department reserves the right to provide additional project clarification details with the issuance of and within or attached to each PO. Such items shall be minor in nature such as providing for service completion date s, deli\'el)' locations, deli\·ery and working hot.us , ntm1ber of units, etc ... End of Special Conditions Section • Bl.90J09JJ13 : Strrict1 to Rtpili, RtplJac-t or Supply t:tility Put Eqnipmu1t -Aa.aul So licitation No. B190409JJB Page 17 of 22 I LEE COUNTY Procurement Ma1U1gemeol Departmeot 11JS 8-0cond Floor, J'1 Floor Fort Myers, FL 33?0J l\1nln Unc: (139) 533-8881 Fu:r. lli1e: (239) 485-8383 ,rnw.lccgo v.com/pmcurcmcnt SOUT IIW EST FLORJDA Posted Dale: Decemb er 3, 2019 Solicitatioo No.: B190409JJB SuUcil.ation N11n1e: Si:rvices to Repair, Reploce or Supply Utility Plant .&juipmenl • Annual Subject: Adde.odum Number 1 The following ~prcs<:ol.$ clAriffoatkin, additions, clclcli ons, ancl(or modifications to the above reri:n:nce<l bid. Th is addendum shall hereafter be rcgnrdcd :is part of the soli citntion. ltoms not rcfcrcmccd heroin remain unchanged , including lhe response date. Words, phrases or sentences wil11 11. strikethrough represent deletions lo the original so lici tation . Umicrlincd word !. and boldt<I, phr~ or sentences represent add iti ons to the origjnal solicitation. l. Q\JESTIONSJANSWEHS 1. Ans wer 2. Doe s I.be reference survev form need to be completed wiU1 the bid? Plca~e rniow fonn/13, on page ll of the i;olicilation tlot.'llmcn ts, "Thi s form ¥1°ill he Answer requestw from the apparent low Bidder prior lo lbc award. (1101 rcqu:ired to submit "ll!·lth bit.I) 3. Do wo need lo us e tho excel bid sc hedule to <mtcr in our numbers? Or can wo print it out ai1d hand write our numbers? Plrruc n:.,-fow section 4.3.4 ou page 4 of tho solkimtion documCL1ts, "Ir a cosUbld .1jt:heclule w•J s p1"4n·idcd in Microsoft Excel format, the returned completed Answer schedule s hould be Included as a Micl'Osoft Excel Fil e on the Flash dri,•e."' Along with ll t.ltgital COJty, 11 pri11tctl cupy of tbe Bltl Sdmlulc iihoultl oo 1odut1ed wilh vou r bud conv submi.,si on ruu;kaee. BIDDER/PROPOSER IS ADVlS£D, \'OU AR£ REQUillED TO ACKNOWLEDGE llECl:l.t'T OF TITIS ADDENDUM WHEN SUill\llTI'ING A BID/PROPOSAL FAJLURE TO COMPLY WITH THIS REQU1RF.Jl.1ENT MA l' RESULT IN nm BIDDER/PROPOSER DEING CONSIDERED NON-RESPONSIVE. ALLw;~~-_J'El~lS AND CONDffiONS OF TIIE SOLICITATION DOCUMENTS ARE AND SHALL REM nirt: 1,-,, /~ fl // JnktBoncl ? f>rocurcmcut An aly st Direct Lino: 239-53 3-8898 Loe County Procurement Mon agc menl Solicitation No. B190409JJB Page 1 of 1 Page 18 of 22 Item 1 2 3 4 EXHIBIT B FEE SCHEDULE Description Unit of Measure Technicians Per Hour Machinists, Lathe Operators Per Hour Welder Per Hour Specialty Service Technici an Per Hour Unit Price $30.00 $28.00 $10.00 $50.00 SECTION 2 · EQUIPMENT AND CREW FOR REGULAR WORKING HOURS Item Description Unit of Measure Unit Price 1 Crane -20 Ton With 95 Foot Reach Per Hour $85.00 2 Two Man Crane Crew Per Hour $40.00 SECTION 3 -MATERIAL MARKUP Item Description Unit of Measure Markup% 1 Repair Componets Invoice Amount 12 2 New Equipment Invoice Amount 10 SECTION 4 -COMPENSATION FOR OVERTIME Item Description Unit of Measure Unit Price 1 Technicians Per Hour $30.00 2 Machinists, Lathe Operators Per Hour $28.00 3 Welder Per Hour $10.00 4 Specialty Service Technician Per Hour $50.00 SECTION 5 -EQUIPMENT AND CREW FOR OVERTIME Item Description Unit of Measure Unit Price 1 Crane -20 Ton With 95 Foot Reach Per Hour $85.00 2 Two Man Crane Crew Per Hour $40.00 SECTION 6 -COMPENSATION FOR EMERGENCY WORK HOURS Item Description Unit of Measure Unit Price 1 Technicians Per Hour $30.00 2 Machinists, Lathe Operators Per Hour $28.00 3 Welder Per Hour $10.00 4 Specialty Service Technician Per Hour $50.00 Solicitation No. B190409JJB Page 19 of 22 EXHIBIT C INSURANCE REQUIREMENTS LEE COUNTY ,OIJTHWF.~T F t .on IT>A Lee County Insurance Req uirements ::\Iinimum Insurance Reguil'ements : Risk .\Im10ge111 e11t i11110 way represe11ts tl,at tJ,l' i1m1m11ce req11irerl is s1,ffide11t or adequate to protect the 1·mdors ' i11terest or llnbrlih'es. n,e folTo11i11g are rl,e 1·eq11ired 111i11i11111111 s th e 1·e11do1• 11111st 111ai11tni11 tl1 ro11gl1011t t/11? d11ran'o11 of tl,is comrnct. n,e Co 1111ty 1·es1.71 -,•es tlt l' rigl,t to req1111st additional doc11111e11 tatio11 regnrdi11g i11s11rn11ce pron'ded a. Commercial ~neral Liability -Coverage shall apply to premises and/or operations, products and completed operations, independent contractors, contractual liability exposures with minimum limits of: $1 ,000,000 per occurrence $2,000,000 general aggregate $1.000,000 products and completed operations $1,000,000 personal and advertising injury b. Business Auto LfabilitY -Toe follo\v-ing Automobile liability will be required and coverage shall apply to all owned. hired and n on-owned vehi cles use with mioiomm limits of: $1,000,000 combined single limit (CSL); or $500,000 bodily injury per person $1,000,000 bodily injury per accident $500,000 property damage per accident c, Workers' Comptnsarion -Statutory benefits as defined by FS 440 encowpa!»ing all operations contemplated by this contract or agreement to apply to all o~-ners, officers , and employees regardless of the number of employees. Workers Compensation exemptions may be accepted with written proof of the State of Florida's approval of such e.~emption.. Employers ' liability will have mioiouw1 limits of: $500,000 per accident $500,000 disease limit $500,000 disease -policy limit "'Dil' required 111i11i11111m limit of liabili~r sho11'11 i11 a. a11d b. 111ny be prolirled i11 tire fom1 of "EYceH Iruu ra11 c1?" or "Co111111t>rdal Umbrell.a Policies." 111 11'/ricl, case, a "Folloll'i11g Form E11dorse111e11t" w,11 be req uired 011 th e "E\"Cl!H Ins111·m1ce Policy" or "Com 111 e1•dal Umbrella Poli 9·." Revised 03/19/2018 -Page 1 of2 Solicitation No. B190409JJB Page 20 of 22 LEE COUNTY .~01JTHW'f.!-T Fl on1n11 ,·e1ification ofConi-a:e: I. Coverage shall be in place prior to the commencement of any work and throughout the duration of the contrnct A certificate of ins urance will be provided to the Risk Manager for review and approval. Tue certificate shall provide for the following: a . Tue certificate holder s hall I'ead a!> folloTr'i: Lee County Board of C ounty Commissioners P.O. Bo::s: 398 Fort ~Iyers, Flolida 33902 b. "Lu Co1111ty, a political mbdi,isio11 and Charter Co1111ty of tl1e State of F1.o rida, its age11ts, employees, and public officinu" mil be named as an "Additional Insured" on the General Liability policy, including Products and Completed Operations coYerage. Special Requirements: l. An appropriate "Indemnification" clause shall be made a provision of the contrnct 2. It is the responsi bility of the general contractor to insure that all subcontractors comply ,vith all insur.:mce requirements. Revised 03/19/2018 -P age 2 of2 Solicitation No. B190409JJB Page 21 of 22 EXHIBIT D VENDOR BACKGROUND SCREENING AFFIDAVIT 1 LEECOUNTY SOUTHWEST FLORIDA VENDOR BACKGROUND SCREENING AFFIDAVIT Florida Statutes Chapter 435 governs required background screenings for any employees, contractors, subcontractors, or agents of the Vendor who will have contact with any vulnerable person, as defined by statute, or who otherwise are required to undergo a Level 1 or Level 2 background screening in accordance with Florida Jaw . The Vendor is responsible for ensuring that such required background screenings are conducted in accordance with Florida Statutes Chapter 435. Documentation of such completed background screenings must be maintained for a period of no less than five (5) years and are subject to audit by Lee County at any time during such five (5) year period. Under penalty of perjury, I declare that I have read and understand the requirements stated above, and that all required background screenings shall be conducted in accordance with this affidavit. I further understand that there may be additional local, state, and federal regulations that may require background screening, and that the Vendor will be solely responsible for complying with such legal requirements. Furthermore, the Vendor shall indemnify and hold Lee County harmless from any and all claims or actions resulting from failure to comply with this affidavit. STATE OF t-0:\~q COUNTY OF_~~~ On the date set forth above, the foregoing instrument was sworn to (or affirmed) and subscribed before me by the above-named person and in their stated capacity, and is eithe~er~r,ially known to me or who . has produce the following as identification: ~L +L 'J\11 -~(.&,6 ~ .::i.. Y '3.J...C,, -r - [Stamp/seal required] Solicitation No. B190409JJB Page 22 of 22 Fw: Lee County Contract - Piggyback Jeremy Mader <maderelectricmotors@msn.com> Tue 6/2/2020 11:49 AM To: Conard, Caley <Caley.Conard@MyClearwater.com>; ted holtzman <ted@maderelectricmotors.com> 1 attachments (5 MB) B190409JJB_-_John_Mader_Enterprises_Proposed_Contract.pdf; CAUTION: This email originated from outside of the City of Clearwater. Do not click links or open attachments unless you recognize the sender and know the content is safe. Caley, Please consider this email as our authority to piggyback off this Lee County contract. Thanks, Jeremy Mader Mader Electric Motors From: Conard, Caley <Caley.Conard@MyClearwater.com> Sent: Tuesday, June 2, 2020 11:15 AM To: Jeremy Mader <maderelectricmotors@msn.com> Subject: Lee County Contract - Piggyback Good morning, Our annual contract is expiring on 8/16/20, and we would like to piggyback off of Lee County's contract B190409JJB, with your permission. Thank you, Caley Conard Accounting Technician, Ext 7262 City of Clearwater Public Utilities Department 727-562-4960 The City of Clearwater is now on SharePoint and our email address has changed, please update the email address for invoices or any other correspondence to Public Utilities Accounting to the new email listed below. NEW EMAIL: PublicUtilitiesAccounting@myclearwater.onmicrosoft.com If you have any questions or need additional information please contact me. Page 1 of 1 6/11/2020https://outlook.office365.com/mail/search/id/AAQkADNlMmU3NjBjLWIxOWMtNGQ4... 11/26/2019 Brown & Brown of Florida, Inc. 2290 Lucien Way Suite 400 Maitland FL 32751 Nelly Alfonso (407) 660-8282 (407) 660-2012 nalfonso@bborlando.com John Mader Enterprises, Inc. 18161 North Tamiami Trail N Ft Myers FL 33903 Southern Owners Ins. Co.10190 Progressive Express Ins. Co.10193 Scottsdale Insurance Co.41297 FFVA Mutual Insurance Co.10385 CL19112621792 A Y 72402846 09/15/2019 09/15/2020 1,000,000 300,000 10,000 1,000,000 2,000,000 2,000,000 EPLI 100,000 B Y 04135918-2 09/15/2019 09/15/2020 1,000,000 PIP-Basic 10,000 C 10,000 XLS0111756 09/15/2019 09/15/2020 2,000,000 2,000,000 D Y WC840-0027333-2019A 12/01/2019 12/01/2020 1,000,000 1,000,000 1,000,000 The City Of Clearwater is granted additional insured status by the General Liability and Auto Liability policies with regard to the operations of the named insured when required by written contract or agreement. City Of Clearwater 3290 State Road 580 Clearwater FL 33761 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY VER 03-05-19 1 B190409JJB: Services to Repair, Replace or Supply Utility Pant Equipment – Annual Advertise Date: Tuesday, November 19, 2019 Lee County Board of County Commissioners DIVISION OF PROCUREMENT MANAGEMENT INVITATION TO BID (B) Solicitation No.: B190409JJB Solicitation Name: Services to Repair, Replace or Supply Utility Plant Equipment – Annual Open Date/Time: Friday, December 20, 2019 Time: 2:30 PM Location: Lee County Procurement Management 2115 Second Street, 1st Floor Fort Myers, FL 33901 Procurement Contact: Jake Bond Title Procurement Analyst Phone: (239) 533-8898 Email: Jbond@leegov.com Requesting Dept. Utilities Pre-Bid Conference: Type: NON-Mandatory Date/Time: 11/26/2019 10:00 AM Location: Procurement: Public Works Building, 1500 Monroe St 4th Floor, Fort Myers, FL 33901 All solicitation documents are available for download at www.leegov.com/procurement Electronic bidding is coming! Visit www.leegov.com/bid to stay informed VER 03-05-19 2 B190409JJB: Services to Repair, Replace or Supply Utility Pant Equipment – Annual Advertisement Date: 11/19/2019 Notice to Bidder Invitation to Bid (B) Lee County, Florida, is requesting bids from qualified individuals/firms for B190409JJB: Services to Repair, Replace or Supply Utility Pant Equipment – Annual Then and there to be publicly opened and read aloud for the purpose of selecting a vendor to furnish all necessary labor, services, materials, equipment, tools, consumables, transportation, skills and incidentals required for Lee County, Florida, in conformance with solicitation documents, which include technical specifications and/or a scope of work. Those individuals/firms interested in being considered for this solicitation are instructed to submit, in accordance with specifications, their Bids, pertinent to this project prior to 2:30 PM Friday, December 20, 2019 to the office of the Procurement Management Director, 2115 Second Street, 1st Floor, Fort Myers, Florida 33901. The Invitation to Bid shall be received in a sealed envelope, prior to the time scheduled to receive Bid(s), and shall be cle arly marked with the solicitation name, solicitation number, bidder name, and contact information as identified in these solicitation documents. The Scope of Work/Specifications for this solicitation is available from www.leegov.com/procurement Bidders who obtain Scope of Work/Specifications from sources other than www.leegov.com/procurement are cautioned that the solicitation package may be incomplete. The County’s official bidders list, addendum(s) and information must be obtained from www.leegov.com/procurement. It is the bidder’s responsibility to check for posted information. The County may not accept incomplete Bids. A Non-Mandatory Pre-Bid Conference has been scheduled for the following time and location: 10:00 AM November 26, 2019 at 1500 Monroe Street, 4th Floor, Fort Myers, Florida 33901 for the purpose of discussing the proposed project. Prospective bidders are encouraged to attend. All prospective bidders are encouraged to obtain and review plans, specifications, and scope of work for this bid before the pre-bid conference so that they may be prepared to discuss any question or concerns they have regarding this project. A site visit may follow the pre-bid conference. Questions regarding this solicitation are to be directed, in writing, to the individual listed below using the email address listed below or faxed to (239) 485 8383 during normal working hours. Jake Bond Jbond@leegov.com Sincerely, Lindsay Cepero, CPPB Procurement Manager *WWW.leegov.Com/Procurement is the County’s official posting site VER 03-05-19 3 B190409JJB: Services to Repair, Replace or Supply Utility Pant Equipment – Annual Terms and Conditions INVITATION TO BID (B) 1. DEFINTIONS 1.1. Addendum/Addenda: A written change, addition, alteration, correction or revision to a bid, proposal or contract Agreement/Contract. Addendum/Addenda may be issued following a pre-bid/pre-proposal conference or as a result of a specification or work scope change to the solicitation. 1.2. Approved Alternate: Solicitation documents may make reference of specific manufacturer(s) or product(s). These references serve only as a recommendation and a guide to minimum quality and performance. The references are not intended to exclude approved alternatives of other manufacturer(s) or product(s). 1.3. Bid/Proposal Package: A bid/proposal is a document submitted by a vendor in response to some type of solicitation to be used as a basis for negotiations or for entering into a contract. 1.4. Bidder/Responder/Proposer: One who submits a response to a solicitation. 1.5. County: Refers to Lee County Board of County Commissioners. 1.6. Due Date and Time/Opening: Is defined as the date and time upon which a bid or proposal shall be submitted to the Lee County Procurement Management Division. Only bids or proposals received prior to the established date and time will be considered. 1.7. Liquidated Damages: Damages paid usually in the form of monetary payment, agreed by the parties to a contract which are due and payable as damages by the party who breaches all or part of the contract. May be applied on a daily basis for as long as the breach is in effect. 1.8. Procurement Management: shall mean the Director of Lee County’s Procurement Management Department or designee. 1.9. Responsible: A vendor, business entity or individual who is fully capable to meet all of the requirements of the bid/proposal solicitation documents and subsequent contract. Must possess the full capability including financial and technical, to perform as contractually required. Must be able to fully document the ability to provide good faith performance. 1.10. Responsive: A vendor, business entity or individual who has submitted a bid or request for proposal that fully conforms in all material respects to the bid/proposal solicitation documents and all of its requirements, including all form and substance. 1.11. Solicitation: An invitation to bid, a request for proposal, invitation to negotiate or any document used to obtain bids or proposals for the purpose of entering into a contract. 2. ORDER OF PRECEDENCE 2.1. In resolving conflicts, errors, and discrepancies, the order of precedence of the bid document is as follows 2.1.1. Florida State Law as applied to Municipal Purchasing in accordance with Title XIX, “Public Business”, Chapter 287 “Procurement of Personal Property and Services.” 2.1.2. Lee County Procurement Management Ordinance 18-22 2.1.3. Change Order 2.1.4. Agreement 2.1.5. Addenda 2.1.6. Special Conditions 2.1.7. Detailed Scope of Work/Specifications 2.1.8. Supplemental Information, if any 2.1.9. Terms and Conditions 3. RULES, REGULATIONS, LAWS, ORDINANCES AND LICENSES 3.1. It shall be the responsibility of the bidder to assure compliance with all other federal, state, or county codes, rules, regulations or other requirements, as each may apply. Any involvement with the Lee County shall be in accordance with but not limited to: 3.1.1. Lee County Procurement Management Manual 3.1.2. Pursuant to FL § Section 119.071, Public Records, General exemptions from inspection or copying of public records. Sealed bids, proposals or replies received by the agency pursuant to a solicitation are exempt from public records request (s. 119.07(1) and s. 24(a), Art. I, of the State Constitution until such time as the agency provides notice of an intended decision or until 30 days after opening the bids, proposals or final replies, whichever is earlier. VER 03-05-19 4 B190409JJB: Services to Repair, Replace or Supply Utility Pant Equipment – Annual 3.1.3. FL § 215 regarding scrutinized companies and business operations. 3.1.4. FL § 218 Public Bid Disclosure Act. 3.1.5. Florida State Law as applied to Municipal Purchasing in accordance with Title XIX, “Public Business”, Chapter 287 “Procurement of Personal Property and Services.” 3.1.6. FL § 337.168 Confidentiality of official estimates, identities of potential bidders, and bid analysis and monitoring system. 3.1.7. FL § Section 607.1501(1) states: A foreign corporation may not transact business in the State of Florida until it obtains a certificate of authority from the Department of State. 3.2. Local Business Tax Account: As applicable, anyone providing merchandise or services to the public within the jurisdiction of Lee County must obtain a Lee County business tax account to operate unless specifically exempted. 3.3. License(s): Bidder should provide, at the time of the opening of the bid, licenses required for this product and/or service. 4. BID – PREPARATION OF SUBMITTAL 4.1. Sealed Bid: Submission must be in a sealed envelope/box, and the outside of the submission must be marked with the following information (Sealed Bid Label Form is attached for your use): 4.1.1. Marked with the words “Sealed Bid” 4.1.2. Bid Number 4.1.3. Bid Title 4.1.4. Bid Due Date 4.1.5. Name of the firm submitting the bid 4.1.6. Contact e-mail and telephone number 4.2. Bid submission shall include: 4.2.1. Provide two (2) hard copies. Mark each: one “Original”, one “Copy” 4.2.2. Provide one (1) electronic flash drive set of the entire submission documents. 4.2.3. Electronic submission document is to be one single Adobe PDF file in the same order as the original hard copy. 4.2.4. Limit the color and number of images to avoid unmanageable file sizes. 4.2.5. Do not lock files. 4.3. Submission Format: 4.3.1. Required Forms: complete and return all required forms. If the form is not applicable please return with “Not Applicable” or “N/A” in large letters across the form. 4.3.2. Failure to submit required or requested information may result in the bidder being found non-responsive. 4.3.3. Execution of Bid: All documents must be properly signed by corporate authorized representative, witnessed, and where applicable corporate and/or notary seals affixed. All Bids shall be typed or printed in ink. The bidder may not use erasable ink. All corrections made to the bids shall be initialed. 4.3.4. If a cost/bid schedule was provided in Microsoft Excel format, the returned completed schedule should be included as a Microsoft Excel File on the Flash drive. 4.3.5. The submission should not contain links to other web pages. 4.3.6. Include any information requested by the County necessary to analyze your bid, i.e., required submittals, literature, technical data, financial statements. 4.3.7. Bid Security/Bond(s), as applicable (Construction projects) 4.4. Preparation Cost: The Bidder is solely responsible for any and all costs associated with responding to this solicitation. No reimbursement will be made for any costs associated with the preparation and submittal of any bid, or for any travel and per diem costs that are incurred by any Bidder. 5. RESPONSES RECEIVED LATE 5.1. It shall be the Bidder’s sole responsibility to deliver the bid submission to the Lee County Procurement Management Division prior to or on the time and date stated. All references to date and time herein reference Lee County, FL local time. 5.2. Any bids received after the stated time and date will not be considered. The bid shall not be opened at the public opening. Arrangements may be made for the unopened bid to be returned at the bidder’s request and expense. VER 03-05-19 5 B190409JJB: Services to Repair, Replace or Supply Utility Pant Equipment – Annual 5.3. The Lee County Procurement Management Division shall not be responsible for delays caused by the method of delivery such as, but not limited to; internet, United States Postal Service, overnight express mail service(s), or delays caused by any other occurrence. 6. BIDDER REQUIREMENTS (unless otherwise noted) 6.1. Responsive and Responsible: Only bids received from responsive and responsible bidders will be considered. The County reserves the right before recommending any award to inspect the facilities and organization; or to take any other necessary action, such as background checks, to determine ability to perform is satisfactory, and reserves the right to reject submission packages where evidence submitted or investigation and evaluation indicates an inability for the bidder to perform. 6.1.1. Additional sources may be utilized to determine credit worthiness and ability to perform. 6.1.2. Any bidder or sub-contractor that will have access to County facilities or property may be required to be screened to a level that may include, but is not limited to fingerprints, statewide criminal. There may be fees associated with these procedures. These costs are the responsibility of the bidder or sub- contractor. 6.1.3. Bidders are responsible for ensuring that any required background screening are conducted in accordance with Chapter 435. Bidders shall be aware, understand, and ensure compliance with the statutory requirements regarding background checks. FL Statutes Chapter 435 governs required background screenings for any employees, contractors, subcontractors, or agents of the Bidder who will have contact with any vulnerable person, as defined by statute, or who otherwise are required to undergo a Level 1 or Level 2 background screening in accordance with Florida law. Such requirements shall flow down to sub-contractors/consultants of the prime Bidder and prime Bidder shall ensure compliance with Chapter 435 of such parties. 6.1.3.1. Documentation of such completed background screenings must be maintained for a period of no less than five (5) years and are subject to audit by Lee County at any time during such five (5) year period. 6.2. BID--Past Performance: Bidders past performance and prior dealings with Lee County (i.e., failure to meet specifications, poor workmanship, late delivery, etc.) may be reviewed. Poor or unacceptable past performance may result in bidder disqualification. 6.3. Submission packages, unless otherwise noted, will be considered only from bidders normally engaged in the provision of the services specified here in. The bidder shall have adequate organization, facilities, equipment, and personnel to ensure prompt and efficient service to Lee County. The County reserves the right before recommending any award to inspect the facilities and organization; or to take any other action necessary to determine ability to perform satisfactorily, and reserves the right to reject submission packages where evidence submitted or investigation and evaluation indicated an inability of the bidder to perform. 7. PRE-BID CONFERENCE 7.1. A pre-bid conference will be held in the location, date, and time specified on the cover of this solicitation. The cover will also note if the pre-bid conference is Non-Mandatory or Mandatory. All questions and answers are considered informal. All prospective bidders are encouraged to obtain and review the solicitation documents prior to the pre-bid conference so they may be prepared to discuss any questions or concerns they have concerning this project. All questions must be submitted formally in writing to the procurement staff noted on the first page of the bid document. A formal response will be provided in the form of an addendum (see “County Interpretation/Addendums” for additional information.) A site visit may follow the pre -bid conference, as applicable. 7.2. Non-Mandatory: Pre-bid conferences are generally non-mandatory, but it is highly recommended that prospective bidders participate. 7.3. Mandatory: Failure to attend a mandatory pre-bid conference will result in the bid being considered non- responsive. 8. COUNTY INTERPRETATION/ADDENDUMS 8.1. Each Bidder shall examine the solicitation documents and shall judge all matters relating to the adequacy and accuracy of such documents. Any inquiries, suggestions or requests concerning interpretation, clarification or additional information pertaining to the solicitation shall be submitted in writing prior to 5:00 PM at least eight (8) calendar days prior to the date when the submission is due. VER 03-05-19 6 B190409JJB: Services to Repair, Replace or Supply Utility Pant Equipment – Annual 8.2. Response(s) will be in the form of an Addendum posted on www.leegov.com/procurement. It is solely the bidder’s responsibility to check the website for information. No notifications will be sent by Lee County Procurement Management Division. 8.3. All Addenda shall become part of the Contract Documents. 8.4. The County shall not be responsible for oral interpretations given by any County employee, representative, or others. Interpretation of the meaning of the plans, specifications or any other contract document, or for correction of any apparent ambiguity, inconsistency or error there in, shall be in writing. Issuance of a written addendum by the County’s Procurement Management Division is the only official method whereby interpretation, clarification or additional information can be given. 9. QUALITY GUARANTEE/WARRANTY (as applicable) 9.1. Bidder will guarantee their work without disclaimers, unless othe rwise specifically approved by the County, for a minimum of twelve (12) months from the date of final completion. 9.2. Unless otherwise specifically provided in the specifications, all equipment and materials and articles incorporated in the work covered by this contract shall be new, unused and of the most suitable grade for the purpose intended. Refurbished parts or equipment are not acceptable unless otherwise specified in the specifications. All warrantees will begin from the date of final completion. 9.3. Unless otherwise specifically provided in the specifications, the equipment must be warranteed for twelve (12) months, shipping, parts and labor. Should the equipment be taken out of service for more than forty-eight (48) hours to have warranty work performed, a loaner machine of equal capability or better shall be provided for use until the repaired equipment is returned to service at no additional charge to the County. 9.4. If any product does not meet performance representation or other quality assurance representations as published by manufacturers, producers or distributors of such products or the specifications listed, the vendor shall pick up the product from the County at no expense to the County. The County reserves the right to reject any or all materials, if in its judgment the item reflects unsatisfactory workmanship or manufacturing or shipping damage. The vendor shall refund, to the County, any money which has been paid for same. 10. SUBSTITUTION(S)/APPROVED ALTERNATE(S) 10.1. Unless otherwise specifically provided in the specifications, reference to any equipment, material, article or patented process, by trade name, brand name, make or catalog number, shall be regarded as establishing a standard of quality and shall not be construed as limiting competition. If a bidder wishes to make a substitution in the specifications, the bidder shall furnish to the County, no later than ten (10) business days prior to the bid opening date, the name of the manufacturer, the model number, and other identifying data and information necessary to aid the County in evaluating the substitution. Such information is submitted through the Procurement Management Division. Any such substitution shall be subject to County approval through the issuance of a written addendum by the County’s Procurement Management Division. Substitutions shall be approved only if determined by the County to be an Approved Alternate to the prescribed specifications. 10.2. A bid containing a substitution is subject to disqualification if the substitution is not approved by the County. Items bid must be identified by brand name, number, manufacturer and model, and shall include full descriptive information, brochures, and appropriate attachments. Brand names are used for descriptive purposes only. An Approved Alternate product or service may be used. 11. NEGOTIATED ITEMS 11.1. Any item not outlined in the Scope of Work/Specifications may be subject to negotiations between the County and the successful bidder. 11.2. After award of this bid the County reserves the right to add or delete items/services at prices to be negotiated at the time of addition or deletion. 11.3. At contract renewal time(s) or in the event of significant industry wide market changes, the County may negotiate justified adjustments such as price, terms, etc., if in its sole judgment, the County considers such adjustments to be in their best interest. 12. ERRORS, OMISSIONS, CALCULATION ERRORS (as applicable) 12.1. Calculation Errors: In the event of multiplication/addition error(s), the unit price shall prevail. Written prices shall prevail over figures where applicable. All bids will be reviewed mathematically and corrected, if necessary, using these standards, prior to further evaluation. VER 03-05-19 7 B190409JJB: Services to Repair, Replace or Supply Utility Pant Equipment – Annual 13. CONFIDENTIALITY 13.1. Bidders should be aware that all submissions provided are subject to public disclosure and will not be afforded confidentiality, unless provided by Chapter 119 FL §. 13.2. If information is submitted with a bid that is deemed “Confidential” the bidder must stamp those pages of the submission that are considered confidential. The bidder must provide documentation as to validate why these documents should be declared confidential in accordance with Chapter 119, “Public Records,” exemptions. 13.3. Lee County will not reveal engineering estimates or budget amounts for a project unless required by grant funding or unless it is in the best interest of the County. According to FL § 337.168: A document or electronic file revealing the official cost estimate of the department of a project is confidential and exempt from the provisions of s. 119.07(1) until the contract for the project has been executed or until the project is no longer under active consideration. 14. BID CONFLICT OF INTEREST 14.1. Business Relationship Disclosure Requirement: The award hereunder is subject to the provisions of Chapter 112, Public Officers and Employees: General Provisions, Florida Statues. All bidders must disclose with their submission the name of any officer, director or agent who is also an employee of the Lee County or any of its agencies. Further, all bidders must disclose the name of any County employee who owns directly or indirectly, an interest of five percent (5%) or more in the bidder’s firm or any of its branches. 15. ANTI-LOBBYING CLAUSE (Cone of Silence) 15.1. Following FL § Section 287.057(23), Upon the issuance of the solicitation, prospective proposers/bidders or any agent, representative or person acting at the request of such proposer/bidder shall not have any contact, communicate with or discuss any matter relating in any way to the solicitation with any Commissioner, Evaluation Review Committee, agent or employee of the County other than the Procurement Management Director or their designee. This prohibition begins with the issuance of any solicitation, and ends upon execution of the final contract or when the solicitation has been cancelled. If it is determined that improper communications were conducted, the Bidder/Proposer maybe declared non-responsible. 16. DRUG FREE WORKPLACE 16.1. Lee County Board of County Commissioners encourages Drug Free Workplace programs. 17. DISADVANTAGED BUSINESS ENTERPRISE (DBE) 17.1. The County encourages the use of Disadvantaged Business Enterprise Bidder(s) as defined and certified by the State of Florida Department of Transportation (DBE). 17.2. As requested in the required forms the Bidder is required to indicate whether they and/or any proposed sub - contractor(s) are Disadvantaged Business Enterprises (DBE). Lee County encourages the utilization and participation of DBEs in procurements, and evaluation proceedings will be conducted within the established guidelines regarding equal employment opportunity and nondiscriminatory action based upon the grounds of race, color, sex or national origin. Interested certified Disadvantaged Business Enterprise (DBE) fir ms as well as other minority-owned and women-owned firms, as defined and certified by the State of Florida Office of Supplier Diversity (Minority), are encouraged to respond. 18. ANTI-DISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY 18.1. The bidder agrees to comply, in accordance with FL § 287.134, 504 of the Rehabilitation Act of 1973 as amended, the Americans with Disabilities Act of 1990 (ADA), the ADA Amendments Act of 2008 (ADAAA) that furnishing goods or services to the County hereunder, no person on the grounds of race, religion, color, age, sex, national origin, disability or marital status shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination. 18.2. The bidder will not discriminate against any employee or applicant for employment because of race, religion, color, age, sex, national origin, disability or marital status. The bidder will make affirmative efforts to ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, age, sex, national origin, disability or marital status. VER 03-05-19 8 B190409JJB: Services to Repair, Replace or Supply Utility Pant Equipment – Annual 18.3. The bidder will include the provisions of this section in every sub-contract under this contract to ensure its provisions will be binding upon each sub-contractor. The bidder will take such actions in respect to any sub- contractor, as the contracting agency may direct, as a means of enforcing such provisions, including sanctions for non-compliance. 18.4. An entity or affiliate who has been placed on the State of Florida’s Discriminatory Vendor List (This list may be viewed by going to the Department of Management Services website at http://www.dms.myflorida.com) may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a vendor, supplier, s ub- contractor, or consultant under contract with any public entity, and may not transact business with any public entity. 19. SUB-CONTRACTOR 19.1. The use of sub-contractors under this solicitation requires prior written authorization from the County representative. 20. BID - PROJECT GUIDELINES (as applicable) 20.1. The County has established the following Guidelines, Criteria, Goals, Objectives, Constraints, Schedule, Budget and or Requirements which shall service as a guide to the bidder(s) in conforming to the provision of goods and/or services to be provided pursuant to this Agreement/Contract: 20.1.1. No amount of work is guaranteed upon the execution of an Agreement/Contract. 20.1.2. Rates and all other negotiated expenses will remain in effect throughout the duration of the Agreement/Contract period. 20.1.3. This contract does not entitle any bidder to exclusive rights to County Agreement/Contracts/contracts. The County reserves the right to perform any and all available required work in-house or by any other means it so desires. 20.1.4. In reference to vehicle travel, mileage and man-hours spent in travel time, is considered incidental to the work and not an extra compensable expense. 20.1.5. Lee County reserves the right to add or delete, at any time, and or all material, tasks or services associated with this Agreement/Contract. 20.1.6. Any Single Large Project: The County, in its sole discretion, reserves the right to separately solicit any project that is outside the scope of this solicitation, whether through size, complexity or the dollar value. 21. BID – TIEBREAKER 21.1. Whenever two or more bids, which are equal with respect to price, quality and service, are received for procurement of commodities or contractual services, from responsive and responsible bidders, the following steps shall be taken to establish the award to the lowest bidder. This method shall be used for all ties. 21.1.1. Step 1 - Local Bidder: Between a local Bidder, and a non-local Bidder, a contract award, or the first opportunity to negotiate, as applicable, shall be made to the local Bidder . If local preference is prohibited by the funding source then step 2 will replace step 1. 21.1.2. Step 2 - Drug Free Workplace: At the conclusion of step 1, if all is equal, the Bidder with a Drug Free Workplace program shall be given preference over a Bidder with no Drug Free Workplace program. The contract award, or the first opportunity to negotiate, as applicable, shall be made to the bidder with the Drug Free Workplace program. 21.1.3. Step 3 - Coin Flip: At the conclusion of Step 1 and Step 2, if all is equal, the contract award, or the first opportunity to negotiate, as applicable, the final outcome shall be determined by the flip of a coin. 21.2. When the tie has been broken pursuant to the above procedures, the contract award, or the first opportunity to negotiate, as applicable, shall be furnished to the prevailing Bidder. 21.3. If an award or negotiation is unsuccessful with the initial bidder, award or negotiations may commence with the next highest bidder, utilizing the tiebreaker steps above to make the determination of next lowest bidder, if necessary. 22. WITHDRAWAL OF BID VER 03-05-19 9 B190409JJB: Services to Repair, Replace or Supply Utility Pant Equipment – Annual 22.1. No bid may be withdrawn for a period of 180 calendar days after the scheduled time for receiving submissions. A bid may be withdrawn prior to the solicitation opening date and time. Withdrawal requests must be made in writing to the Procurement Management Director, who will approve or disapprove the request. 22.2. A bidder may withdraw a submission any time prior to the opening of the solicitation. 22.3. After submissions are opened, but prior to award of the contract by the County Commission, the Procurement Management Director may allow the withdrawal of a bid because of the mistake of the bidder in the preparation of the submission document. In such circumstance, the decision of the Procurement Management Director to allow the submission withdrawal, although discretionary, shall be based upon a finding that the bidder, by clear and convincing evidence, has met each of the following four tests: 22.3.1. The bidder acted in good faith in submitting the bid, 22.3.2. The mistake in bid preparation that was of such magnitude that to enforce compliance by the bidder would cause a severe hardship on the bidder, 22.3.3. The mistake was not the result of gross negligence or willful inattention by the bidder; and 22.3.4. The mistake was discovered and was communicated to the County prior to the County Commission having formally awarded the Agreement/Contract. 23. PROTEST RIGHTS 23.1. Any Bidder that has submitted a formal Response to Lee County, and who is adversely affected by an intended decision with respect to the Award, has the right to protest an intended decision posted by the County as part of the Solicitation process. 23.2. Notice of Intended Decision is posted on the Lee County Department of Procurement Management website (www.leegov.com/procurement). Bidders are solely responsible to check for information regarding the Solicitation. 23.3. Refer to the “Procurement Protest” section of the Lee County Procurement Ordinance 18-22 for a complete description of the protest process and associated requirements. The ordinance is posted on the Lee County website or may be obtained by contacting the Procurement Management Director. 23.4. In order to preserve the right to protest, a written “Notice Of Intent To File A Protest” must be filed with the Lee County Procurement Management Director within seventy-two (72) hours of Posting of the Notice of Intended Decision. 23.4.1. The notice shall clearly indicate all grounds being claimed for the protest. 23.4.2. The notice must be physically received by the Procurement Management Director within the required time frame described above. No additional time will be granted for mailing. 23.5. Following receipt of the Notice of Intent to File a Protest, a “Protest Bond” and “Formal Written Protest” must be filed within ten (10) business days of Posting of the Notice of Intended Decision. 23.6. Failure to follow the protest procedures requirement within the time frames as prescribed herein and in the Lee County Procurement Ordinance 18-22 shall constitute a waiver of the right to protest and shall bar any resulting claims. 24. AUTHORITY TO UTILIZE BY OTHER GOVERNMENT ENTITIES 24.1. This opportunity is also made available to any government entity. Pursuant to their own governing laws, and subject to the Agreement/Contract of the vendor, other entities may be permitted to make purchases at the terms and conditions contained herein. Lee County Board of County Commissioners will not be financially responsible for the purchases of other entities from this solicitation. 25. CONTRACT ADMINISTRATION 25.1. Designated Contact: 25.1.1. The awarded bidder shall appoint a person(s) to act as a primary contact for all County departments. This person or back-up shall be readily available during normal working hours by phone or in person, and shall be knowledgeable of the terms and procedures involved. 25.1.2. Lee County requires the awarded bidder to provide the name of a contact person(s) and phone number(s) which will afford Lee County access 24 hours per day, 365 days per year, of this service in the event of major breakdowns or natural disasters. 25.2. BID – Term: (unless otherwise stated in the Scope of Work or Detailed Specifications) VER 03-05-19 10 B190409JJB: Services to Repair, Replace or Supply Utility Pant Equipment – Annual 25.2.1. Unless otherwise stated in the scope of work, specifications, or special conditions the default contract term shall be one (1) year with three (3), one (1) year renewals for a total of four (4) years upon mutual written agreement of both parties. 25.2.2. The County reserves the right to renew this Agreement/Contract (or any portion thereof) and to negotiate pricing as a condition for each. 25.2.3. The County’s performance and obligation to pay under this contract, and any applicable renewal options, is contingent upon annual appropriation of funds. 25.3. BID – Basis of Award: 25.3.1. The bid is awarded under a system of sealed, competitive bidding to the lowest responsive and responsible bidder. 25.3.2. In the event the lowest responsible and responsive bid for a project exceeds the available funds the County may negotiate an adjustment of the bid price with the lowest responsible and responsive bidder, in order to bring the total cost of the project within the amount of available funds. 25.3.3. The County reserves the right to make award(s) by individual item, group of items, all or none, or a combination thereof. The County reserves the right to reject any and all bids or to waive any minor irregularity or technicality in the bids received. Award will be made to the lowest responsible and responsive bidder(s) within the category chosen for basis of award. 25.3.4. The County reserves the right to award to one or multiple bidders at the discretion of the requesting authority and approval of the Procurement Management Director. 25.4. Agreement/Contracts/Contracts: 25.4.1. The awarded bidder will be required to execute an Agreement/Contract as a condition of award. A sample of this document may be viewed on-line at http://www.leegov.com/procurement/forms. 25.5. Records: 25.5.1. Retention: The bidder shall maintain such financial records and other records as may be prescribed by Lee County or by applicable federal and state laws, rules and regulations. Unless otherwise stated in the specifications, the bidder shall retain these records for a period of five years after final payment, or until they are audited by Lee County, whichever event occurs first. 25.5.2. Right to Audit/Disclosure: These records shall be made available during the term of the contract as well as the retention period. These records shall be made readily available to County personnel with reasonable notice and other persons in accordance with the Florida General Records Schedule. Awarded Bidder/Proposer(s) are hereby informed of their requirement to comply with FL §119 specifically to: 25.5.2.1. Keep and maintain public records required by the County to perform the service. 25.5.2.2. Upon request from the County’s custodian of public records, provide the County 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 or as otherwise provided by law. 25.5.2.3. Ensure that 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 County. 25.5.2.4. Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the contractor or keep and maintain public records required by the County to perform the service. If the contractor transfers all public records to the County upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County’s cus todian of public records, in a format that is compatible with the information technology systems of the County. 25.5.3. Public Record: IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE VENDOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS VER 03-05-19 11 B190409JJB: Services to Repair, Replace or Supply Utility Pant Equipment – Annual AT 239-533-2221, 2115 SECOND STREET, FORT MYERS, FL 33901, http://www.leegov.com/publicrecords. 25.5.4. Ownership: It is understood and agreed that all documents, including detailed reports, plans, original tracings, specifications and all data prepared or obtained by the successful bidder in connection with its services hereunder, include any documents bearing the professional seal of the su ccessful bidder, and shall be delivered to and become the property of Lee County, prior to final payment to the successful bidder or the termination of the Agreement/Contract. This includes any electronic versions, such as CAD or other computer aided drafting programs. 25.6. Termination: 25.6.1. Any Agreement/Contract as a result of this solicitation may be terminated by either party giving thirty (30) calendar days advance written notice. The County reserves the right to accept or not accept a termination notice submitted by the vendor, and no such termination notice submitted by the vendor shall become effective unless and until the vendor is notified in writing by the County of its acceptance. 25.6.2. The Procurement Management Director may immediately terminate any Agreement/Contract as a result of this solicitation for emergency purposes, as defined by the Lee County Procurement Ordinance 18-22. 25.6.3. Any bidder who has voluntarily withdrawn from a solicitation without the County’s mutual consent during the contract period shall be barred from further County procurement for a period of 180 days. The vendor may apply to the Board for a waiver of this debarment. Such application for waiver of debarment must be coordinated with and processed by the Procurement Management Department. 25.6.4. The County reserves the right to terminate award or contract following any of the below for goods or services over $1,000,000: 25.6.4.1. Contractor is found to have submitted a false certification as provided under FL § 287.135 (5); 25.6.4.2. Contractor has been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List (FL §215.473); 25.6.4.3. Contractor has engaged in business operations in Cuba or Syria (FL § 215.471); 25.6.4.4. Contractor has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel. (FL § 215.4725) 25.6.4.5. The County reserves the right to review, on a case-by-case basis, and waive this stipulation if it is deemed to advantageous to the County. 26. WAIVER OF CLAIMS 26.1. Once this contract expires, or final payment has been requested and made, the awarded bidder shall have waived any claims against the County concerning this contract. After that period, the County will consider the bidder to have waived any right to claims against the County concerning this Agreement/Contract. 27. LEE COUNTY PAYMENT PROCEDURES 27.1. Unless otherwise noted, all vendors are requested to mail an original invoice to: Lee County Finance Department Post Office Box 2238 Fort Myers, FL 33902-2238 27.2. All invoices will be paid as directed by the Lee County payment procedure unless otherwise stated in the detailed specifications for this project. 27.3. Lee County will not be liable for requests for payment deriving from aid, assistance, or help by any individual, vendor, proposer, or bidder for the preparation of these specifications. 27.4. Lee County is generally a tax exempt entity subject to the provisions of the 1987 legislation regarding sales tax on services. Lee County will pay those taxes for which it is obligated, or it will provide a Certificate of Exemption furnished by the Department of Revenue. All bidders should include in their bids, all sales or use taxes, which they will pay when making purchases of material or sub-contractor’s services. 28. SAFETY DATA SHEETS (SDS) (as applicable) 28.1. It is the vendor’s responsibility to provide Lee County with Safety Data Sheets on bid materials, as may apply to this procurement. VER 03-05-19 12 B190409JJB: Services to Repair, Replace or Supply Utility Pant Equipment – Annual 29. DEBRIS DISPOSAL (as applicable) 29.1. Unless otherwise stated, the bidder shall be fully responsible for the lawful removal and disposal of any materials, debris, garbage, vehicles or other such items which would interfere with the undertaking and completion of the project. There shall not be an increase in time or price associated with such removal. 30. SHIPPING (as applicable) 30.1. Cost of all shipping to the site, including any inside delivery charges and all unusual storage requirements shall be borne by the bidder unless otherwise agreed upon in writing prior to service. It shall be the bidders responsibility to make appropriate arrangements, and to coordinate with authorized personnel at the site, for proper acceptance, handling, protection and storage (if available) of equipment and material delivered. All pricing to be F.O. B. destination. 30.2. The materials and/or services delivered under the bid shall remain the property of the seller until a physical inspection and actual usage of these materials and/or services is accepted by the County and is deemed to be in compliance with the terms herein, fully in accord with the specifications and of the highest quality. 31. INSURANCE (AS APPLICABLE) 31.1. Insurance shall be provided by the awarded bidder/vendor. Prior to execution of the Agreement/Contract a certificate of insurance (COI) complying with the bid documents shall be provided by the bidder/vendor. End of Terms and Conditions Section VER 03-05-19 13 B190409JJB: Services to Repair, Replace or Supply Utility Pant Equipment – Annual INSURANCE GUIDE VER 03-05-19 14 B190409JJB: Services to Repair, Replace or Supply Utility Pant Equipment – Annual End of Insurance Guide Section VER 03-05-19 15 B190409JJB: Services to Repair, Replace or Supply Utility Pant Equipment – Annual SPECIAL CONDITIONS These are conditions that are in relation to this solicitation only and have not been included in the County’s standard Terms and Conditions or the Scope of Work. 1. PROJECT TERM 1.1 The Vendor shall be responsible for furnishing and delivering to the Lee County requesting Department(s) the commodity or services on an “as needed basis” for a one-year (1) period. There may be an option to extend this contract as specified in the Scope of Work or specifications upon the approval of both the County and the Vendor at the time of extension or renewal for three (3), additional one (1) year periods. 2. BASIS OF AWARD 2.1 The basis of award shall be determined by the lowest Project Total Bid of the most responsive, responsible, and qualified Vendor meeting all bid specifications. 3. INVOICES 3.1 The Vendor’s invoices shall include the following items: 3.1.1 The full name of the County employee who authorized the work to be done. 3.1.2 Name of the facility where work was performed. 3.1.3 Address or location of the facility. 3.1.4 County work order, purchase order or contract number. 3.1.5 Problem corrected and description of work performed. 3.1.6 Identifiers for equipment worked on, e.g., lift station number, pump number, serial number, horsepower, manufacturer, etc. 3.1.7 For labor, invoices shall include the name, classification, work performed, total straight time hours worked, total premium time hours worked, and extended amount. 3.1.8 For repair components, the invoices shall include the item, quantity, unit price, and extended amount. 3.1.9 For replacement equipment supplied and /or installed, the invoices shall include the item description, manufacturer, model number, serial number, location where delivered or installed, price, mark-up, and extended amount. 3.1.10 For crew billing, invoices shall include premium time hours for crew, rate for crew, crane use hours, rate and extended amounts. 3.1.11 For any subcontracted work, the invoices shall include the name of subcontractor, work performed, price, mark-up and extended amount. 3.1.12 For miscellaneous items, e.g., overnight freight, pick-up or delivery charges, consumables, etc., invoices shall indicate such items as a separate line item. 3.1.12.1 For miscellaneous items, e.g., overnight freight, pick-up or delivery charges, consumables, etc., such charges shall be pass-through charges at Vendor costs incurred. 3.1.13 For specialty services, if any, the invoices shall include the service provided, name of provider, hours, rate and extended amount. 3.1.14 In the event that the Vendor bills the County for charges from other sources, the Vendor shall provide invoices in order to verify any additional charges plus the markup percentage. 3.1.15 Include on invoices for ALL labor type jobs date of when work started and completed. 3.2 Material Markup 3.2.1 Percentage markup for repair components and new equipment shall be above Vendor incurred costs for such items. County reserves the right at any point during the term of the Agreement, inclusive of any renewals, to request supporting documentation of Vendor invoiced amounts of material markup items. VER 03-05-19 16 B190409JJB: Services to Repair, Replace or Supply Utility Pant Equipment – Annual 4 REQUIRED SUBMITTAL DETAILS & DOCUMENTS 4.1 Vendor is requested to provide with bid submittal the below items. The County reserves the right to request additional documentation or clarification at any point prior to award and during term of Agreement, inclusive of any renewals. Failure to provide requested submittal documents in a timely manner, at the sole discretion of the County, may deem Vendor non-responsive and ineligible for award, renewal, or continuation of services. County may accept or reject the documentation provided as acceptable to meet the below requests at its sole discretion. 4.1.1 Vendor shall hold a UL674 shop certification/Notice of Completion and Authorization to Apply UL Mark at time of County intent to award. 4.1.2 The Vendor shall list where indicated on the proposal form associated with this solicitation if they own, rent or lease the crane. 4.1.2.1 If the Vendor is renting or leasing, they must provide a copy of the Agreement to the County for proof that the Vendor is be able to meet the two hour emergency time required as part of this Agreement. 4.1.3 Vendor shall provide documentation that the crane crew members have attended safety classes on crane operation. 4.2 Such required documentation and details shall be provided and in the name of the prime Vendor. Sub- contractors may not fulfill requirements as described in this article. 5. MASTER CONTRACT NOTICE 5.1. This is a “Master”/”Annual” contract, which is not for any specific project. Work to be performed under this contract will be authorized, scheduled, funded, and accounted for by the issuance of County Purchase Order (PO), by the requesting department. The requesting County department reserves the right to provide additional project clarification details with the issuance of and within or attached to each PO. Such items shall be minor in nature such as providing for service completion dates, delivery locations, delivery and working hours, number of units, etc… End of Special Conditions Section VER 03-05-19 17 B190409JJB: Services to Repair, Replace or Supply Utility Pant Equipment – Annual SCOPE OF WORK AND SPECIFICATIONS 1. GENERAL SCOPE OF WORK 1.1 The Lee County Board of County Commissioners seeks to contract with a qualified Vendor to provide parts and repair services for various utility plant equipment, such as but not limited to: Actuators Aeration Rotors/ Brushes Aerators Bar screens Belt presses (Sludge Dewatering) Centrifugal blowers Centrifugal pumps Centrifuges (Sludge Dewatering) Chlorine Contact chambers Chopper pumps Clarifiers Clearwells Compressors Diaphragm Pumps Diffusers Digasifiers Digesters Feed Pumps Filters Forced Draft Blowers Gearboxes Grease Pots Grinder Pumps Grit Classifier Grit Pumps Grit Snail Headworks High service Pumps Horizontal split-case pumps Hydraulic Pumps Interstage booster pumps Lift pumps Lime Slakers Mud Wells Oxidation Ditches Positive Displacement blowers Screw pumps Step screens Submersible pumps Transfer Pumps Vertical turbine pumps Well Pumps 1.2 The Vendor shall repair, replace or supply utility plant equipment for the Lee County Utilities Division as requested on an as-needed basis. The Vendor shall provide all materials and labor necessary to complete all work performed under this Agreement. 1.3 During the term of this Agreement and any renewals, the Vendor shall: 1.3.1 Maintain a UL674 shop certification throughout the term of the Agreement. 1.3.2 Respond to calls for service as follows: 1.3.2.1 Emergencies – two hours or less. This includes providing necessary equipment such as crane when applicable. 1.3.2.1.1 Emergency status/categorization for purposed of this Agreement shall be at the discretion of the County department authorizing work to be completed. 1.3.2.2 Be able to reach the College Parkway Facility located at 7401 College Parkway Fort Myers, FL 33907, during an emergency, within two hours. 1.3.2.3 Regular repairs - return the County’s phone call within one hour, and repairs shall be started within 72 hours or less. 1.3.2.4 Weekends and Holidays - return the County’s phone call within one hour or less. 1.3.3 Order equipment and parts for the County in a timely manner to keep the facility running up to capacity. VER 03-05-19 18 B190409JJB: Services to Repair, Replace or Supply Utility Pant Equipment – Annual 1.3.4 Supply parts for equipment manufacturer’s such as, but not limited to: ABS Afton Alfa Laval Allis Chalmers Andritz Aurora Baldor Beck Boerger Centrysis Chemco Crown Davco Dayton Deloach Dodge Envirex Euro drive Evoqua Fairbanks Morse Finish Thompson Flowserve Flygt Foot Jones Gardner Denver Gorman-Rupp Gould Grundfos Hub City Ingersoll Rand Jacobs Jacobs AIR systems Jet Tech J-Line Johnson Lakeside Lamson Layne Leopold Lufkin Marathon Moyno MSA Peerless Penn Valley Pista-Grit Prominent Quincy RJ Environmental Roots SBR Seepex Speedaire Spirac Sultzer Sumitomo Trinova Triton Vaughn Weg Weinmann Wildon Wilo EMU Wimco Windsmith Woerner Worthington Xylem 1.3.5 Make modifications and repairs on the spot to keep the facility operational. 1.3.6 Perform services to epoxy coat rotating equipment parts e.g., impellers, shafts, blower fans etc., prior to reassembly to protect the components from harsh environment. 1.3.7 Provide specialty coatings for all equipment types and materials including nonmetallic concrete surfaces. 1.3.8 Have at least three (3) employees dedicated to the County Agreement, including two in the field and one in the shop. Each employee assigned the Agreement much have a minimum of three years of verifiable experience. This experience may be verified by the County at any point during the term of the Agreement and shall be verified via employment dates of companies that the employee has worked at utilizing their trade skills. 1.3.9 Own, lease, rent and maintain all equipment necessary to provide these services to include, at minimum, welding machines, hydraulic press, brake, motor test platform, safety equipment and crane. VER 03-05-19 19 B190409JJB: Services to Repair, Replace or Supply Utility Pant Equipment – Annual 2. TECHNICAL REQUIREMENTS 2.1 On a call out and pre-authorization basis, the Vendor shall provide the services described as follows: 2.1.1 Perform repair work at the County’s location, or pick up the equipment from the County’s location for repair at the Vendor’s shop. 2.1.2 Maintain adequate spare parts and pumps in the Vendor’s shop for any emergency repairs. Only OEM parts shall be used on all rebuilds, no aftermarket substitutes. 2.1.3 Vendor shall label each piece of equipment. Each piece of equipment shall receive an identification plate with its own individual identifying number, either made out of brass or aluminum or riveted in place. 2.1.4 Perform test run on all repaired or new equipment and document acceptance by the County. 2.1.4.1 Removal, inspection, evaluation, repair and re-installation of existing equipment or installation of a new equipment. 2.1.4.2 When possible, Vendor shall change stuffing box configuration from packing to a water cooled and internal water flushed mechanical seal. 2.1.4.3 Machine and adapt proper fit up to the liquid side of the pump. 2.1.4.4 Perform test run on all repaired or new equipment and document acceptance by LCU. 2.1.4.5 Perform electrical/mechanical repairs on 40 - 500 horsepower pumps. 2.1.4.6 Upon re-installation or new installation, a full laser alignment shall be performed along with a vibration analysis during test run. 2.1.4.7 For submersible well pumps, upon installation or re-installation all nuts, bolts, and studs shall be replaced with new, 316 stainless steel nuts, bolts and studs. 2.1.4.8 For submersible well pumps, Change piping to Certaloc piping on all well pumps that does not exist when converting from vertical turbine to submersible application. 2.1.4.9 For submersible well pumps, Add ¾” PVC pipe completely secured to discharge pipe of pump down into well to serve as an insertion tube for pizometer to measure well draw downs. 2.1.4.10 For submersible well pumps, Provide stainless steel safety cable connected to top of pump and motor to provide adequate support in the event of piping failure. 2.1.4.11 For sewage lift station pumps, Upon installation or re-installation all nuts, bolts, and studs shall be replaced with new, 316 stainless steel nuts, bolts and studs. 2.1.4.12 For Gear Boxes, Pull and rebuild gearboxes, replace all bearings, bushings, and gears. 2.1.4.13 For Gear Boxes, Machine all surfaces related to bearing and oil seal surfaces for a proper fit as necessary. 2.1.4.14 For Gear Boxes, Reassemble and install, align as necessary to avoid shaft wobble by shimming vertically. VER 03-05-19 20 B190409JJB: Services to Repair, Replace or Supply Utility Pant Equipment – Annual 2.1.4.15 For Gear Boxes, All nuts, bolts and studs shall be replaced with new, 316 stainless steel nuts, bolts and studs. 2.1.4.16 For Gear Boxes, Perform laser alignment between motor and gearbox assemblies. 2.1.4.17 For Compressors, Dress or hone cylinder walls. 2.1.4.18 For Compressors, Replace, as needed, rings, suction and discharge valves, bearings and bushings, pistons, and crank shafts. 2.1.4.19 For Compressors, Clean or replace sight glass to oil sump as necessary. 2.1.4.20 For Compressors, Inspect inner-cooler and after-cooler for cracks, replace as necessary. 2.1.4.21 For Compressors, Supply new drive belts as needed. 2.1.4.22 For Compressors, Test pressure switches for settings, operation and condition of contacts, replace as necessary. 3. DOCUMENTATION 3.1 The Vendor shall provide one digital and two hardcopies to requesting Department of all installation, operation and maintenance manuals for all new equipment supplied and/or installed, as well as the documentation for warranties on all work as follows: 3.1.1 Labor and materials – 12 month warranty 3.1.2 Rebuilt or repaired equipment – 90 day warranty 3.1.3 New equipment – Manufacturer’s warranty period 3.2 The Vendor shall provide digital pictures of the equipment data plates showing model numbers, serial numbers, etc. for equipment installed in such a way that the plates are difficult to read or access (such as those attached to submersible well pumps, vertical pumps, etc.). 3.3 The Vendor shall ensure that during the term of the Agreement, inclusive of any renewals, that the Vendor’s crew crane members have attended safety classes on crane operation. End of Scope of Work and Specifications Section VER 03-05-19 21 B190409JJB: Services to Repair, Replace or Supply Utility Pant Equipment – Annual FORMS DESCRIPTION & INSTRUCTIONS INVITATION TO BID This table provides a brief list, description, and instructions regarding the standard requested forms that should be submitted with all bids or proposals. This is not intended to be an all-inclusive list of forms required for your submission, but rather a guide to assist in completion of the County’s standard forms. Form # Title/Description 1 Solicitation Response Form All signatures must be by a corporate authorized representative, witnessed, and corporate and/or notary seal (as applicable.) The corporate or mailing address must match the company information as it is listed with the Florida Department of State Division of Corporations. Attach a copy of the web- page(s) from http://www.sunbiz.org as certification of this required information. Sample attached for your reference. Verify that all Addenda and tax identification number have been provided. 1a Bid/Proposal Form This form is used to provide itemization of project cost. A more detailed “schedule of values” may be requested by the County. * Business Relationship Disclosure Requirement Sections 112.313(3) and 112.313(7), F.S., prohibit certain business relationships on the part of public officers and employees, their spouses, and their children. If this disclosure is applicable, the Bidder must request the form entitled “INTEREST IN COMPETITIVE BID FOR PUBLIC BUSINESS” (Required by § 112.313(12)(b), F.S.) to be completed and returned with the Solicitation Response. It is the Bidder’s responsibility to request the form and disclose this relationship; failure to do so may result in being declared non-responsive. NOTICE: UNDER THE PROVISIONS OF § 112.317, F.S., A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR, AND MAY BE PUNISHED BY, ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000.00. 2 Affidavit Certification Immigration Laws Submission of this form constitutes acknowledgement that the Bidder is in compliance in regard to all applicable immigration laws. 3 Reference Survey Provide this form to reference respondents. For Bids, this form will be requested from the apparent low Bidder prior to the award. (not required to submit with bid) 1. Section 1: Bidder/Proposer to complete with reference respondent’s information prior to providing to them for their response. (This is not the Bidder/Proposer’s information.) 2. Section 2: Enter the name of the Bidder/Proposer; provide the project information in which the reference respondent is to provide a response. 3. The reference respondent should complete “Section 3.” 4. Section 4: The reference respondent to print and sign name 5. Three (3) Reference responses are to be provided upon request. 6. Failure to obtain reference surveys may make your company non-responsive. VER 03-05-19 22 B190409JJB: Services to Repair, Replace or Supply Utility Pant Equipment – Annual 4 Negligence or Breach of Contract Disclosure Form The form may be used to disclose negligence or breach of contract litigation that your company may have been a part of over the past ten (10) years. You may need to duplicate this form to list all history. If the Bidder has more than ten (10) lawsuits, you may narrow them to litigation of the company or subsidiary submitting the Solicitation Response. Include, at a minimum, litigation for similar projects completed in the State of Florida. Final outcome should include in whose favor the litigation was settled and whether a monetary amount was awarded. The settlement amount may remain anonymous. If you have no litigation, enter “None” in the first “type of incident” block of the form. Please do not write N/A on this form. 5 Affidavit - Principal Place of Business Certifies Bidder’s location information. 6 Sub-Contractor List To be completed and returned when sub-contractors are to be utilized and are known at the time of the submission. 7 Public Entity Crime Form Any person or affiliate, as defined by statute, who has been placed on the convicted vendor list following a conviction for a public entity crime, may not submit a Bid on a Contract to provide any goods or services to the County; may not submit a Bid on a contract with the County for the construction or repair of a public building or a public work; may not submit Bids or leases of real property to the County; may not be Awarded or perform Work as a contractor, supplier, subcontractor, or consultant under a contract with the County, and may not transact business with the County in excess of $25,000.00 for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. 8 Trench Safety N/A – Not Applicable Typically required in construction projects where trench excavations are in excess of 5 feet deep per Florida Trench Safety Act (90-96, Laws of Florida) 9 Bid Bond Guarantee to County that Bidder/Proposer will take on job if selected. 10 Minimum Qualifications Requirements States the minimum qualifications the Bidder/Proposer is required to meet in order to be considered for award or evaluation. * Bid/Proposal Label Self-explanatory. Please affix to the outside of the sealed submission documents. * Include any licenses or certifications requested Local Business Tax Account (as applicable) issued by City and/or County entity. This is necessary for all Florida vendors. It is the Bidder’s responsibility to ensure the Solicitation Response is mailed or delivered in time to be received no later than the specified opening date and time. (If Solicitation is not received prior to the deadline, it cannot be considered or accepted) VER 03-05-19 23 B190409JJB: Services to Repair, Replace or Supply Utility Pant Equipment – Annual Form 1 – Solicitation Response Form V09/12/2016 LEE COUNTY PROCUREMENT MANAGEMENT SOLICITATION RESPONSE FORM Date Submitted: Bid Due Date: 12/20/2019 SOLICITATION IDENTIFICATION: B190409JJB SOLICITATION NAME: Services to Repair, Replace or Supply Utility Plant Equipment - Annual COMPANY NAME: NAME & TITLE: (TYPED OR PRINTED) BUSINESS ADDRESS: (PHYSICAL) CORPORATE OR MAILING ADDRESS: SAME AS PHYSICAL ADDRESS MUST MATCH SUNBIZ.ORG E-MAIL ADDRESS: PHONE NUMBER: FAX NUMBER: NOTE REQUIREMENT: IT IS THE SOLE RESPONSIBILITY OF THE BIDDER/PROPOSER TO CHECK LEE COUNTY PROCUREMENT MANAGEMENT WEB SITE FOR ANY ADDENDA ISSUED FOR THIS PROJECT. THE COUNTY WILL POST ADDENDA TO THIS WEB PAGE, BUT WILL NOT NOTIFY. By responding to this sealed solicitation, the Bidder/Proposer makes all representations required by the instructions and further warrants and represents that: Bidder/Proposer has examined copies of all the solicitation documents and of the following addenda: No. Dated: No. Dated: No. Dated: No. Dated: No. Dated: No. Dated: Tax Payer Identification Number: (1) Employer Identification Number -or- (2) Social Security Number: ** Lee County collects your social security number for tax reporting purposes only Please submit a copy of your registration from the website www.sunbiz.org establishing your firm as authorized (including authorized representatives) to conduct business in the State of Florida, as provided by the Florida Department of State, Division of Corporations. (a sample is attached for your reference) 1 Collusion Statement: Lee County, Florida The undersigned, as Bidder/Proposer, hereby declares that no person or other persons, other than the undersigned, are interested in this solicitation as Principal, and that this solicitation is submitted without collusion with others; and that we have carefully read and examined the specifications or scope of work, and with full knowledge of all conditions under which the services herein is contemplated must be furnished, hereby bid/propose and agree to furnish this service according to the requirements set out in the solicitation documents, specifications or scope of work for said service for the prices as listed on the county provided price sheet or (CCNA) agree to negotiate prices in good faith if a contract is awarded. 2 Scrutinized Companies Certification: Section 287.135, FL §, “Prohibition against contracting with scrutinized companies.” Prohibits agencies from contracting with companies, for goods or services over $1,000,000, that are on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, Scrutinized Companies that Boycott Israel List, have been engaged in a boycott of Israel, or been engaged in business operations in Cuba or Syria. The County reserves the right to review, on a case-by-case basis, and waive this stipulation if it is deemed to advantageous to the County. As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above is in compliance with Section 287.135, FL §. I understand that submission of a false certification may subject company to contract termination, civil penalties, attorney’s fees, and/or costs. VER 03-05-19 24 B190409JJB: Services to Repair, Replace or Supply Utility Pant Equipment – Annual Form#1 – Solicitation Form, Page 2 3 Business Relationship Disclosure Requirement: Sections 112.313(3) and 112.313(7), FL §, prohibit certain business relationships on the part of public officers and employees, their spouses, and their children. See Part III, Chapter 112, FL §, and/or the brochure entitled "A Guide to the Sunshine Amendment and Code of Ethics for Public Officers, Candidates and Employees" for more details on these prohibitions. However, Section 112.313(12), FL § (1983), provides certain limited exemptions to the above-referenced prohibitions, including one where the business is awarded under a system of sealed, competitive bidding; the public official has exerted no influence on bid negotiations or specifications; and where disclosure is made, prior to or at the time of the submission of the bid, of the official's or his spouse's or child's interest and the nature of the intended business. The Commission on Ethics has promulgated this form for such disclosure, if and when applicable to a public officer or employee. If this disclosure is applicable request form “INTEREST IN COMPETITIVE BID FOR PUBLIC BUSINESS” (Required by 112.313(12)(b), FL § (1983)) to be completed and returned with solicitation response. It is the bidder/proposer’s responsibility to disclose this relationship, failure to do so could result in being declared non- responsive. Business Relationship Applicable (request form) Business Relationship NOT Applicable 4 Disadvantaged Business Enterprise (DBE) bidder/proposer? If yes, please attach a current certificate. Yes No ALL SUBMISSIONS MUST BE EXECUTED BY AN AUTHORIZED AUTHORITY OF THE BIDDER/PROPOSER, WITNESSED AND SEALED (AS APPLICABLE) Company Name (Name printed or typed) Authorized Representative Name (printed or typed) (Affix Corporate Seal, as applicable) Authorized Representative’s Title (printed or typed) Witnessed/Attested by: (Witness/Secretary name and title printed or typed) Authorized Representative’s Signature Witness/Secretary Signature Any blank spaces on the form(s), qualifying notes or exceptions, counter offers, lack of required submittals, or signatures, on County’s Form may result in the submission being declared non-responsive by the County. VER 03-05-19 25 B190409JJB: Services to Repair, Replace or Supply Utility Pant Equipment – Annual VER 03-05-19 26 B190409JJB: Services to Repair, Replace or Supply Utility Pant Equipment – Annual Form 1a – Bid/Proposal Form PROCUREMENT MANAGEMENT DEPARTMENT BID/PROPOSAL FORM COMPANY NAME: SOLICITATION: B190409JJB – Services to Repair, Replace or Supply Utility Plant Equipment - Annual This page serves as a header/placeholder only. Please refer to the Excel document provided with the solicitation for the complete Bid Schedule. The Excel document contains formulas for convenience, however it is the Contractor’s responsibility to verify all pricing and calculations are CORRECT. Lee County is not responsible for errors in formulas or calculations contained within Excel document(s). REMINDER: In the event there is a discrepancy between the total quoted amount or the extended amounts and the unit prices quoted, the unit prices will prevail and the corrected sum will be considered the quoted price. The County will only accept bids submitted on bid forms provided by the County. Bids submitted on other forms, other than those provided by the County, will deem Bidder as non-responsive and ineligible for award. Bidders may not adjust or modify data provided within the Bid Schedule. Bids received with modified data may deem the Bidder as non-responsive and ineligible for award. PLEASE ENSURE you have provided a printed copy of the Bid Schedule with your hard copy submission packages and provided the excel version with your digital submission package. PRICING Pricing shall be inclusive of all labor, equipment, supplies, overhead, profit, materials, and any other incidental costs required to perform and complete all work as specified herein. VER 03-05-19 27 B190409JJB: Services to Repair, Replace or Supply Utility Pant Equipment – Annual Form 2 – Affidavit Certification of Immigration Laws AFFIDAVIT CERTIFICATION IMMIGRATION LAWS SOLICITATION NO.: B190409JJB SOLICITATION NAME: Services to Repair, Replace or Supply Utility Plant Equipment – Annual LEE COUNTY WILL NOT INTENTIONALLY AWARD COUNTY CONTRACTS TO ANY CONTRACTOR WHO KNOWINGLY EMPLOYS UNAUTHORIZED ALIEN WORKERS, CONSTITUTING A VIOLATION OF THE EMPLOYMENT PROVISIONS CONTAINED IN 8 U.S.C. SECTION 1324 a(e) {SECTION 274A(e) OF THE IMMIGRATION AND NATIONALITY ACT (“INA”). LEE COUNTY MAY CONSIDER THE EMPLOYMENT BY ANY CONTRACTOR OF UNAUTHORIZED ALIENS A VIOLATION OF SECTION 274A(e) OF THE INA. SUCH VIOLATION BY THE RECIPIENT OF THE EMPLOYMENT PROVISIONS CONTAINED IN SECTION 274A(e) OF THE INA SHALL BE GROUNDS FOR UNILATERAL CANCELLATION OF THE CONTRACT BY LEE COUNTY. BIDDER/PROPOSER ATTESTS THAT THEY ARE FULLY COMPLIANT WITH ALL APPLICABLE IMMIGRATION LAWS (SPECIFICALLY TO THE 1986 IMMIGRATION ACT AND SUBSEQUENT AMENDMENTS). Company Name:_____________________________ Signature Title Date STATE OF ___________________ COUNTY OF _________________ The foregoing instrument was signed and acknowledged before me this day of 20 , by who has produced (Print or Type Name) as identification. (Type of Identification and Number) _____________________________________ Notary Public Signature _____________________________________ Printed Name of Notary Public _____________________________________ Notary Commission Number/Expiration The signee of this Affidavit guarantee, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. LEE COUNTY RESERVES THE RIGHT TO REQUEST SUPPORTING DOCUMENTATION, AS EVIDENCE OF SERVICES PROVIDED, AT ANY TIME. VER 03-05-19 28 B190409JJB: Services to Repair, Replace or Supply Utility Pant Equipment – Annual Form 3 Reference Survey Lee County Procurement Management Reference Survey Reference surveys submitted can be a maximum of twelve (12) months old. If using a previous reference, Proposers must clearly identify the project name and number the reference is being submitted for. Project Name & Number: _________________________________________________________________________ Section 1 Reference Respondent Information Please return completed form to: FROM: Bidder/Proposer: COMPANY: Due Date: PHONE #: Total # Pages: 1 FAX #: Phone #: Fax #: EMAIL: Bidder/Proposer E-Mail: Section 2 Enter Bidder/Proposer Information , as applicable Similar Performed Project (Bidder/Proposer to enter details of a project performed for above reference respondent) Bidder/Proposer Name: Reference Project Name: Project Address: Project Cost: Summarize Scope: You as an individual or your company has been given as a reference on the project identified above. Please provide your responses in section 3 below. Section 3 Indicate: “Yes” or “No” 1. Did this company have the proper resources and personnel by which to get the job done? 2. Were any problems encountered with the company’s work performance? 3. Were any change orders or contract amendments issued, other than owner initiated? 4. Was the job completed on time? 5. Was the job completed within budget? 6. On a scale of one to ten, ten being best, how would you rate the overall work performance, considering professionalism; final product; personnel; resources. Rate from 1 to 10. (10 being highest) 7. If the opportunity were to present itself, would you rehire this company? 8. Please provide any additional comments pertinent to this company and the work performed for you: Section 4 Please submit non-Lee County employees as references Reference Name (Print Name) Reference Signature VER 03-05-19 29 B190409JJB: Services to Repair, Replace or Supply Utility Pant Equipment – Annual Form 4 -Negligence or Breach of Contract Disclosure Form REVISED 09/12/2016 ALLEGED NEGLIGENCE OR BREACH OF CONTRACT DISCLOSURE FORM Please fill in the form below. Provide each incident in regard to alleged negligence or breach of contract that has occurred over the past 10 years. Please compete in chronological order with the most recent incident on starting on page 1. Company Name: Type of Incident Alleged Negligence or Breach of Contract Incident Date And Date Filed Plaintiff (Who took action against your company) Case Number Court County/State Project Claim Reason (initial circumstances) Final Outcome (who prevailed) Make as many copies of this sheet as necessary in order to provide a 10 year history of the requested information. If there is no action pending or action taken in the last 10 years, complete the company name and write “NONE” in the first “Type of Incident” box of this page and return with your submission package. This form should also include the primary partners listed in your submission. Do not include litigation with your company as the plaintiff. Final outcome should include who prevailed and what method of settlement was made. If a monetary settlement was made the amount may remain anonymous. Please do not modify this form (expansion of spacing allowed) or submit your own variation. Page Number: Of Total pages Update the page number to reflect the current page and the total number of pages. Example: Page 3, of 5 total submitted pages of this form. VER 03-05-19 30 B190409JJB: Services to Repair, Replace or Supply Utility Pant Equipment – Annual Form 5 - Affidavit Principal Place of Business AFFIDAVIT PRINCIPAL PLACE OF BUSINESS Instructions: Please complete all information that is applicable to your firm Company Name: Printed name of authorized signer Title  Authorized Signature Date The signee of this Affidavit guarantee, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. LEE COUNTY RESERVES THE RIGHT TO REQUEST SUPPORTING DOCUMENTATION, AS EVIDENCE OF SERVICES PROVIDED, AT ANY TIME. Notary: State of County of The foregoing instrument was signed and acknowledged before me this day of 20 b y who has produced as identification (or personally known) Type of ID and number  Notary Public Signature Notary Commission Number and expiration 1. Principal place of business is located within the boundaries of: Lee County Collier County Non-Local Local Business Tax License # 2. Address of Principal Place of Business: 3. Number of years at this location years 4. Have you provided goods or services to Lee County on a regular basis within the past 3 consecutive years Yes* No *If yes, attach contractual history for past 3 consecutive years 5. Number of available employees for this contract 6. Does your company have a Drug Free Workplace Policy Yes No VER 03-05-19 31 B190409JJB: Services to Repair, Replace or Supply Utility Pant Equipment – Annual Form 6-Sub-contractor List SUB-CONTRACTOR LIST Sub-contractor Name Area Of Work Point Of Contact Or Project Supervisor Phone Number and Email Qualified DBE Yes/No Amount or Percentage of Total Please include sub-contractors name, area of work (i.e. mechanical, electrical, etc.) and a valid phone number and email. Also include the dollar value or percentage that the sub-contractor will be performing. If sub-contractors qualify as Disadvantaged Business Enterprise (DBE) contractors, please attach a current certificate. VER 03-05-19 32 B190409JJB: Services to Repair, Replace or Supply Utility Pant Equipment – Annual Form 7: Public Entity Crime Form Page 1 of 2 This form must be signed and sworn to in the presence of a notary public or other office r authorized to administer oaths. 1. This sworn statement is submitted to_________________________________________________ (Print name of the public entity) by_____________________________________________________________________________ (Print individual’s name and title) for____________________________________________________________________________ (Print name of entity submitting sworn statement) whose business address is__________________________________________________________ (If applicable) its Federal Employer Identification Number (FEIN) is _______________________ (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: On the attached sheet.) Required as per IRS Form W-9. 2. I understand that a “public entity crime” as defined in Paragraph 287.133(1) (g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public e ntity or with an agency or political subdivision of any other state or with the United States, including but not limited to, and bid o r contract for goods or services to be provided to any public entity or agency or political subdivision or any other state or of the Unites States, and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. I understate that “convicted” or “conviction” as defined in Paragraph 287.133(1) (b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that “affiliate” as defined in Paragraph 287.133(1)(a), Florida Statutes, means: 1. A predecessor or successor of a person convicted of a public entity crime: or: 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term “affiliate” includes those offices, directors, executives, partners, shareholders, employees, member s and agents who are active in the management of the affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not fair market value under an arm’s length Agreement/Contract, shall be a facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be conside red an affiliate. 5. I understand that a “person” as defined in Paragraph 287.133(1) (c), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter a binding contract a nd which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transac ts or applies to transact business with a public entity. The term “person” includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of the entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting those sworn statement. (Please indicate which statement applies.) ______ Neither the entity submitted this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity nor affiliate of the en tity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. VER 03-05-19 33 B190409JJB: Services to Repair, Replace or Supply Utility Pant Equipment – Annual Public Entity Crime Form Page 2 of 2 ______ The entity submitting this sworn statement, or one or more of the officers, directors, e xecutives, partners, shareholders, employees, member, or agents who are active in management of the entity, or an affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. ______ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, member, or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearing and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (Attach a copy of the final order) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES, FOR CATEGORY TWO OR ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. ____________________________________ (Signature) ____________________________________ (Date) STATE OF_________________________________ COUNTY OF_______________________________ PERSONALLY APPEARED BEFORE ME, the undersigned authority, ___________________________ (Name of individual signing) who, after first being sworn by me, affixed his/her signature in the space provided above on this_________ day of___________________, 2____. ____________________________________ (NOTARY PUBLIC) My Commission Expires: _____________________________ VER 03-05-19 34 B190409JJB: Services to Repair, Replace or Supply Utility Pant Equipment – Annual Sealed Bid Label Cut along the outer border and affix this label to your sealed solicitation envelope to identify it as a “Sealed Bid”. SEALED BID DOCUMENTS • DO NOT OPEN BID NO.: B190409JJB BID TITLE: Services to Repair, Replace or Supply Utility Plant Equipment – Annual DATE DUE: Friday, December 20, 2019 TIME DUE: Prior to: 2:30 PM SUBMITTED BY: (Name of Company) e-mail address Telephone DELIVER TO: Lee County Procurement Management 2115 Second Street, 1st Floor Fort Myers FL 33901 . *Notice: the Date Due/Bid Due Date/Opening Date as stated on this label and other forms contained herein may have been updated via issuance of Addenda against this project. It is the sole responsibility of the Contractor/Vendor to monitor the County project webpage for any updates to the Date Due/Bid Due Date/Opening Date via Addenda. This label nor other original forms may not be updated. Contractor/Vendor may strike through and update Date Due/Bid Due Date/Opening Date at their discretion to match any updates to this date that have been published via Addenda. Submission received after the time and date of the Date Due/Bid Due Date/Opening Date will not be accepted at the sole discretion of the County. PLEASE PRINT CLEARLY Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7954 Agenda Date: 8/6/2020 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Solid Waste/General Services Agenda Number: 7.12 SUBJECT/RECOMMENDATION: Approve multiple vendor purchase orders as of a result of Invitation to Bid (ITB) 34-20, Mechanical, Electrical and Plumbing Services, for a total annual not-to-exceed amount of $4,000,000 with the option for three one-year renewal terms at the City’s discretion and authorize the appropriate officials to execute same. (consent) SUMMARY: Invitation to Bid (ITB) #34-20 was issued on April 29, 2020 for Mechanical, Electrical and Plumbing Services to be provided on an as -needed basis throughout the City. Nineteen bids were received on June 2, 2020, of which sixteen were responsive and responsible per the bid specifications . The bidders demonstrated a minimum of five years -experience performing their respective trade (s) in a commercial/industrial environment and submitted proposed hourly rates for their services. The proposed rates were evaluated and compared to Bureau of Labor and Industries wages in the Tampa Bay area, fully loaded commercial trade rates, and multiple municipal trade-specific contracts in the region. The evaluation resulted in the wage determination offered to, and accepted by, the contractors listed below: Mechanical Contractors: Air Mechanical & Service Corp of Tampa; All Florida Mechanical Services of Plant City; ConServ Building Services of Largo; Kenyon & Partners Inc of Tampa; Page Mechanical Group Inc of Largo; Pure Air Control Services Inc of Clearwater, Tampa Bay System Sales Inc dba Tampa Bay Trane of Tampa. Electrical Contractors: AMPRO Inc of Tampa; Bates Electric Inc of Tampa; Botta Electrical Contracting Inc of Largo; ConServ Building Services of Largo; Piper Fire Protection Inc of Clearwater; Tamco Electric Inc of Tampa. Plumbing Contractors: Alter Plumbing of Bradenton; Apollo Plumbing of Pinellas County Inc of Seminole; ConServ Building Services of Largo; C. Lacey Plumbing Inc of Clearwater; Ross Plumbing & Heating Inc of St. Petersburg. Public Utilities Department and the Building and Maintenance Division manage numerous capital and maintenance projects which require the services of certified mechanical, electrical and plumbing contractors. Having an established roster of contractors for each trade will enable Building and Maintenance to be more proactive and responsive to the many deadlines and needs throughout the City and facilitate Public Utilities’ maintenance of water and wastewater facilities in compliant operation. The intention is to maintain the rosters with a minimum of three contractors in each trade . Authorization is requested to allow both Building and Maintenance and Public Utilities to backfill roster contractors that may be dropped for a variety of reasons, not limited to: ·Contractor goes out of business Page 1 City of Clearwater Printed on 8/6/2020 File Number: ID#20-7954 ·Contractor notifies us they do not want to be on the roster ·Contractor is unable to handle the current job order ·Contractor refuses multiple city work orders in a three-month period This provides authority to use the selected vendor on this roster for citywide operating and capital needs. Companion agenda item (s) will be brought for council approval for capital improvements, replacements, and renovations with estimated costs greater than $100,000. APPROPRIATION CODE AND AMOUNT: Funding for this award will come from various operating cost centers as well as various capital improvement projects, respective to the work being performed. Departmental needs are estimated as follows: Building and Maintenance (to include all city facilities except Public Utilities) ·Citywide daily operational maintenance and repairs - $900,000 ·Citywide capital repairs and replacements - $1,600,000 Public Utilities ·WWC and water plant daily operational maintenance and repairs - $300,000 ·WWC and water plant capital repairs and replacements - $700,000 Contingency funds (Building & Maintenance and Public Utilities) - $500,000 Page 2 City of Clearwater Printed on 8/6/2020 v. 11.2018 Procurement Division 100 S Myrtle Ave 33756-5520 PO Box 4748 33758-4748 Clearwater FL 727-562-4633 INVITATION TO BID #34-20 Mechanical, Electrical, and Plumbing Services April 29, 2020 NOTICE IS HEREBY GIVEN that sealed bids will be received by the City of Clearwater (City) until 10:00 A.M., Local Time, June 2, 2020 to provide Mechanical, Electrical, and Plumbing Services. Brief Description: The City of Clearwater (City) is seeking sealed bids from mechanical, electrical, and plumbing contractors, for respective services on an as needed basis, including emergencies. 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: Kelly Rogers Procurement Analyst Kelly.Rogers@myclearwater.com This Invitation to Bid is issued by: Lori Vogel, CPPB Procurement Manager lori.vogel@myclearwater.com INSTRUCTIONS MEP Services 2 ITB #34-20 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:June 2, 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: 90 days from Opening Bid shall remain firm and unaltered after opening for the number of days shown above. The City may accept the bid, subject to successful contract negotiations, at any time during this time. i.6 BID SECURITY:Yes No If so designated above, a bid security in the amount specified must be submitted with the bid. The security may be submitted in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, or cashier's check payable to the City of Clearwater (personal or company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to the City. Such bid security shall be forfeited to the City of Clearwater should the bidder selected fail to execute a contract when requested. PERFORMANCE SECURITY:Yes No If required herein, the Contractor, simultaneously with the execution of the Contract, will be required to furnish a performance security. The security may be submitted in one-year increments and in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, cashier's check or money order payable to the City of Clearwater (personal and company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to the City. If the Contractor fails or refuses to fully comply with the terms and conditions of the contract, the City shall have the right to use all or such part of said security as may be necessary to reimburse the City for loss sustained by reason of such breach. The balance of said security, if any, will be returned to Contractor upon the expiration or termination of the contract. INSTRUCTIONS MEP Services 3 ITB #34-20 i.7 BID SUBMITTAL TO: It is recommended that bids be submitted electronically through our bids website at https://www.myclearwater.com/business/rfp. Bidders may mail or hand-deliver bids to the address below. E-mail or fax submissions will not be accepted. 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 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.8 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.9 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.10 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.11 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.12 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 MEP Services 4 ITB #34-20 i.13 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.14 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.15 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.16 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.17 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.18 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.19 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.20 PROTESTS AND APPEALS. If a Respondent believes there is a mistake, impropriety, or defect in the solicitation, believes the City improperly rejected its proposal, and/or believes the selected proposal is not in the City’s best interests, the Respondent may submit a written protest. All protests and appeals are governed by the City of Clearwater Purchasing Policy and Procedures. If any INSTRUCTIONS MEP Services 5 ITB #34-20 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 MEP Services 6 ITB #34-20 i.21 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.22 PRESENTATIONS/INTERVIEWS. The bidder must provide a formal presentation/interview upon request. i.23 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.24 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.25 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.26 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 https://www.myclearwater.com/business/rfp to view relevant bid information and notices. i.27 BID TIMELINE. Dates are tentative and subject to change. Release ITB: April 29, 2020 Advertise Tampa Bay Times: May 6, 2020 Bids due: June 2, 2020 Review bids: June 2-19, 2020 Award recommendation: June 22, 2020 Council authorization: July 16, 2020 Contract begins: July 2020 STANDARD TERMS AND CONDITIONS MEP Services 7 ITB #34-20 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 in writing by Contractor that they are prohibited from the manufacture, distribution, dispensation, possession, or unlawful use of a controlled substance in the workplace. STANDARD TERMS AND CONDITIONS MEP Services 8 ITB #34-20 Contractor agrees to prohibit the use of intoxicating substances by all Contractor personnel and will ensure that Contractor personnel do not use or possess illegal drugs while in the course of performing their duties. c.Federal and State Immigration Laws.Contractor agrees to comply with the Immigration Reform and Control Act of 1986 (IRCA) in performance under this Agreement and to permit the City and its agents to inspect applicable personnel records to verify such compliance as permitted by law. Contractor will ensure and keep appropriate records to demonstrate that all Contractor personnel have a legal right to live and work in the United States. (i) As applicable to Contractor, under this provision, Contractor hereby warrants to the City that Contractor and each of its subcontractors will comply with, and are contractually obligated to comply with, all federal immigration laws and regulations that relate to their employees (hereinafter “Contractor Immigration Warranty”). (ii) A breach of the Contractor Immigration Warranty will constitute as a material breach of this Agreement and will subject Contractor to penalties up to and including termination of this Agreement at the sole discretion of the City. (iii) The City retains the legal right to inspect the papers of all Contractor personnel who provide services under this Agreement to ensure that Contractor or its subcontractors are complying with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any such inspections. (iv) The City may, at its sole discretion, conduct random verification of the employment records of Contractor and any subcontractor to ensure compliance with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any random verification performed. (v) Neither Contractor nor any subcontractor will be deemed to have materially breached the Contractor Immigration Warranty if Contractor or subcontractor establishes that it has complied with the employment verification provisions prescribed by Sections 274A and 274B of the Federal Immigration and Nationality Act. d.Nondiscrimination. Contractor represents and warrants that it does not discriminate against any employee or applicant for employment or person to whom it provides services because of race, color, religion, sex, national origin, or disability, and represents and warrants that it complies with all applicable federal, state, and local laws and executive orders regarding employment. Contractor and Contractor’s personnel will comply with applicable provisions of Title VII of the U.S. Civil Rights Act of 1964, as amended, Section 504 of the Federal Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), and applicable rules in performance under this Agreement. S.11 SALES/USE TAX, OTHER TAXES.Contractor is responsible for the payment of all taxes including federal, state, and local taxes related to or arising out of Contractor’s services under this Agreement, including by way of illustration but not limitation, federal and state income tax, Social Security tax, unemployment insurance taxes, and any other taxes or business license fees as required. If any taxing authority should deem Contractor or Contractor employees an employee of the City, or should otherwise claim the City is liable for the payment of taxes that are Contractor’s responsibility under this Agreement, Contractor will indemnify the City for any tax liability, interest, and penalties imposed upon the City. The City is exempt from paying state and local sales/use taxes and certain federal excise taxes and will furnish an exemption certificate upon request. S.12 AMOUNTS DUE THE CITY. Contractor must be current and remain current in all obligations due to the City during the performance of services under the Agreement. Payments to Contractor may be offset by any delinquent amounts due the City or fees and charges owed to the City. S.13 OPENNESS OF PROCUREMENT PROCESS.Written competitive proposals, replies, oral presentations, meetings where vendors answer questions, other submissions, correspondence, and all records made thereof, as well as negotiations or meetings where negotiation strategies are STANDARD TERMS AND CONDITIONS MEP Services 9 ITB #34-20 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 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 STANDARD TERMS AND CONDITIONS MEP Services 10 ITB #34-20 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 MEP Services 11 ITB #34-20 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 MEP Services 12 ITB #34-20 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. 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 STANDARD TERMS AND CONDITIONS MEP Services 13 ITB #34-20 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 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). STANDARD TERMS AND CONDITIONS MEP Services 14 ITB #34-20 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. 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 MEP Services 15 ITB #34-20 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 116,585 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.BACKGROUND.The City is looking to establish a qualified roster for mechanical, electrical and plumbing services. The City’s Building and Maintenance Department is responsible for facilities citywide while the City’s Public Utilities Department is responsible for their facilities which include, but not limited to, water reclamation facilities, water plants, lift stations, wells, and reclaim booster pump stations. An estimated $2 million is spent annually on mechanical, electrical and plumbing services citywide. No guarantee of actual service requirements is implied or expressed in this solicitation, and the volume of work is dependent on budget and need. 3.SCOPE OF SERVICES. The City is seeking bids from licensed mechanical, electrical, and plumbing (MEP) contractors, as defined by Florida Statute, Chapter 489, and required by the Pinellas County Contractor Licensing Board (www.pcclb.com), to provide required labor and materials (by work order) at City facilities on an as-needed basis, to be scheduled and performed on behalf of the Building and Maintenance, Public Utilities, and other city departments. A. GENERAL REQUIREMENTS. Mechanical: Related services to include but not limited to split air conditioning units, chilled water air handlers, Variable Air Volume (VAV) boxes, rooftop package units, air cooled chillers, centrifugal chillers, pumps, blowers, cooling towers, computer room air conditioning units, and exhaust fans. Electrical: Related services to include but not limited to installation and maintenance of indoor fixtures and/or receptacles, distribution and panel boards, underground wiring, overhead circuits, the maintenance of sports lights or other electronic control devices, the maintenance and repair of street or parking lot lighting and related equipment, control panels, automatic transfer switch (ATS), motor control center (MCC), lift station electrical panel, and above and underground electrical systems. Plumbing:Related services to include but not limited to the repair and installation of PVC, steel pipe, copper pipe, copper tubing pipe valves and fittings and various typical plumbing fixtures. B. ADDITIONAL REQUIREMENTS. All personnel shall be equipped with appropriate personal protection equipment (PPE). Contractor shall comply with NFPA 70E electrical codes. Contractor shall comply with all OSHA requirements. Dispatched personnel must be located within the Tampa Bay region. Contractor personnel responding to work site must be capable of communicating with City staff in the English language. Contractor shall only dispatch properly licensed or certified personnel to perform services for the City. Contractor shall be properly licensed by the State of Florida and Pinellas County as a general contractor or by specialty trade, as applicable. Contractor shall provide a list of personnel, properly identifying supervisor/lead staff, assigned to the contract with their bid response. The list shall include names, title, years of experience specific to license/certification, license/certification numbers as well as emergency contact information. Contractor shall be responsible for updating the information as necessary. All Contractor personnel shall present a professional appearance; be neat, clean and DETAILED SPECIFICATIONS MEP Services 16 ITB #34-20 properly uniformed; be courteous and conduct themselves in a respectable manner while working on City property. Contractor shall have one (1) hour response time for emergencies and two (2) to four (4) hours for non-emergencies. Contractor shall own and have in good repair all tools and equipment necessary to perform work related to their respective trade(s). Each work order requires assigned personnel to record the project details separately: hours worked, tasks performed, materials used, etc. A copy must be provided at the completion of a project and a copy is to be submitted with a monthly invoice (consolidating all work for a 30-day period). If a contractor is selected for more than one (1) trade, each trade must be billed on a sperate invoice. Where applicable, contractor’s personnel shall sign in and out of on the facility’s visitor’s log sheet upon each visit. Upon completion of work, the Contractor shall restore each work site to a safe, clean condition, and remove all debris and trash. C. HOURLY RATES, RESPONSE TIME,AND MATERIALS. The successful bidder(s) shall provide labor, materials, and equipment required to complete services requested by the City. Labor rates must include all administrative time and overhead. The City intends to contract multiple vendors to form a per category roster for as-needed MEP services with standard rate of pay based on the average hourly rate of all awarded bid prices received (see Bid Pricing, pg. 21). Contractor shall obtain necessary permit(s) for each work order (City permitting fees are waived for work performed under this contract). All personnel licenses and certification fees are the responsibility of the Contractor. Hourly rates are based on the following times/days, two (2) to four (4) hour response time: Standard hourly rate: 7:00 A.M. to 5:00 P.M. Monday through Friday Standard helper hourly rate: 7:00 A.M. to 5:00 P.M. Monday through Friday Standard laborer hourly rate: 7:00 A.M. to 5:00 P.M. Monday through Friday Overtime hourly rate: After-hours or City recognized holidays Overtime helper hourly rate: After-hours or City recognized holidays Overtime laborer hourly rate: After-hours or City recognized holiday Emergency rates: any time/day of the week, with one (1) hour response time The City anticipates selecting contractors with twenty-four/seven (24/7) availability. Contractor must have capability of callback within a 30-minute period and meeting designated response times. The City will reimburse the contractor at labor cost plus a percentage mark-up for parts. City reserves the right, at any time during this contract, to require itemized receipts showing contractor’s actual cost for materials. Contractor shall warranty all workmanship for a minimum of ninety (90) days and all materials shall be based upon manufacturer warranty. D. INSPECTION and TESTING. All materials used in the performance of this contract shall be subject to adequate inspection and testing in accordance with accepted standards. The contractor shall furnish, at the City’s request, manufacturer’s certification of specifications conformance of materials. All work shall be inspected and approved by a City representative prior to payment issued. The City reserves the right to refuse any product which does not meet Federal, State or the specified safety standard. DETAILED SPECIFICATIONS MEP Services 17 ITB #34-20 The City reserves to right to inspect the contractor’s site at any reasonable time throughout the contract term. 4.MINIMUM QUALIFICATIONS. Contractor(s) must demonstrate a minimum of five (5) years’ experience performing their respective trade(s) in a commercial/industrial environment. Such proof can be in the form of a business license, registration, or certification document(s). Contractor(s) must include at least three (3) references for which comparable work has been performed in the last five (5) years. Contractor(s) must have an established Safety Plan and Drug-Free Policy. These items must be submitted with contractors bid response package. 5.INSURANCE REQUIREMENTS. The Vendor shall, at its own cost and expense, acquire and maintain (and cause any subcontractors, representatives or agents to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A-VII or better. In addition, the City has the right to review the Contractor’s deductible or self-insured retention and to require that it be reduced or eliminated. Specifically the Vendor must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement: a.Commercial General Liability Insurance coverage, including but not limited to, premises operations, products/completed operations, products liability, contractual liability, advertising injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. b.Commercial Automobile Liability Insurance coverage for any owned, non-owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars) combined single limit. c. Unless waived by the State of Florida and proof of waiver is provided to the City, statutory Workers’ Compensation Insurance coverage in accordance with the laws of the State of Florida, and Employer’s Liability Insurance in the minimum amount of $500,000 (five hundred thousand dollars) each employee each accident, $500,000 (five hundred thousand dollars) each employee by disease, and $500,000 (five hundred thousand dollars) disease policy limit. Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be applicable to employees, contractors, subcontractors, and volunteers, if any. d.Professional Liability Insurance coverage appropriate for the type of business engaged in by the Contractor with minimum limits of $1,000,000(one million dollars) per occurrence. If a claims made form of coverage is provided, the retroactive date of coverage shall be no later than the inception date of claims made coverage, unless prior policy was extended indefinitely to cover prior acts. Coverage shall be extended beyond the policy year either by a supplemental extended reporting period (ERP) of as great a duration as available, and with no less coverage and with reinstated aggregate limits, or by requiring that any new policy provide a retroactive date no later than the inception date of claims made coverage. DETAILED SPECIFICATIONS MEP Services 18 ITB #34-20 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 #34-20 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 MEP Services 19 ITB #34-20 1. BEGINNING AND END DATE OF INITIAL TERM. July 2020 through June 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. Three (3), 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 for rate increases in an amount not to exceed three (3) percent annually and six (6) percent for the full contract term, based on the twelve month change of the U.S. Department of Labor, Bureau of Labor Statistics index, for Southeast region, www.bls.gov/regions/southeast/data. No fuel surcharges will be accepted. BID SUBMISSION MEP Services 20 ITB #34-20 1.BID SUBMISSION. It is recommended that bids be submitted electronically through our bids website at https://www.myclearwater.com/business/rfp. For bids mailed and/or hand-delivered, bidder must submit one (1) signed original bid and one (1) electronic format on a CD or Thumb Drive, in a sealed container using label provided at the end of this solicitation. 2.BIDDER RESPONSE CHECKLIST.This checklist is provided for your convenience. It is not necessary to return a copy of this solicitation’s Instructions, Terms and Conditions, or Detailed Specifications with your bid response. Only submit the requested forms and any other requested or descriptive literature. Original and proper number of copies with electronic format Bid container properly labeled Bid Pricing form Exceptions/Additional Materials/Addenda form Vendor Information form Scrutinized Companies Form(s) Offer Certification form Reference Form Drug-Free Policy Form Company Safety Plan Work Warranty information List of employees with proper license/certification numbers Proof of established business for a minimum of five (5) years – dated prior to April 2015 (Reference No. 4. MINIMUM QUALIFICATIONS, pg. 17). W-9 Request for Taxpayer Identification Number and Certification form (http://www.irs.gov/pub/irs-pdf/fw9.pdf) BID PRICING MEP Services 21 ITB #34-20 Pursuant to the contract specifications set forth and described in this solicitation, we agree to furnish Labor & Materials to the City of Clearwater, per the proposed rates below. Upon vendor selection, rates of the selected vendors will be tabulated and averaged resulting in a Standard Pricing List. The approved pricing list, by category, will be provided to selected vendors for formal acceptance. The same Standard Pricing List will apply to all contractors providing MEP services to the City. The award(s) of this bid is contingent on the acceptance of the Standard Pricing List. Item No. Description Mechanical Electrical Plumbing 1 Standard hourly rate $ $ $ 2 Standard helper hourly rate $ $ $ 3 Standard laborer hourly rate $$$ 4 Overtime hourly rate $ $ $ 5 Overtime helper hourly rate $ $ $ 6 Overtime laborer hourly rate $ $ $ 7 Emergency hourly rate $ $ $ 8 Emergency helper hourly rate $ $ $ 9 Emergency laborer hourly rate $ $ $ 10 Percentage over actual cost for materials (an itemized materials list for each work order is required) % % % PAYMENT TERMS: City of Clearwater’s standard payment terms are NET30 Vendor: _________________________________________ Date: _______________________________ EXCEPTIONS/ADDITIONAL MATERIALS/ADDENDA MEP Services 22 ITB #34-20 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 MEP Services 23 ITB #34-20 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 MEP Services 24 ITB #34-20 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 by means of physical presence or online notarization on, this _____ day of _________________, 20____, by _______________________________ (name of person whose signature is being notarized) as the ________________________ (title) of ______________________________________(name of corporation/entity), personally known ______, or produced _________________________ (type of identification) as identification, and who did/did not take an oath. _______________________________________ Notary Public ____________________________________ Printed Name My Commission Expires: __________________ NOTARY SEAL ABOVE SCRUTINIZED COMPANIES MEP Services 25 ITB #34-20 SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA CERTIFICATION FORM IF YOUR BID/PROPOSAL IS $1,000,000 OR MORE, 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: 5. 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 with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaging in business operations in Cuba and Syria; and 6. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation and is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Sector List, or engaged in business operations in Cuba and Syria; and 7. Business Operations means, for purposes specifically related to Cuba or Syria, engaging in commerce in any form in Cuba or Syria, including, but not limited to, acquiring, developing, maintaining, owning, selling, possessing, leasing or operating equipment, facilities, personnel, products, services, personal property, real property, military equipment, or any other apparatus of business or commerce; and 8. 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 with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Sector List, or engaged in business operations in Cuba and Syria. __________________________________________ Authorized Signature __________________________________________ Printed Name __________________________________________ Title __________________________________________ Name of Entity/Corporation STATE OF _____________________ COUNTY OF ___________________ The foregoing instrument was acknowledged before me by means of physical presence or online notarization on, this _____ day of _________________, 20____, by _______________________________ (name of person whose signature is being notarized) as the ________________________ (title) of ______________________________________(name of corporation/entity), personally known ______, or produced _________________________ (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 MEP Services 26 ITB #34-20 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: REFERENCES MEP Services 27 ITB #34-20 Instructions:The bidder shall submit a minimum of three (3) customer references for which the vendor has recently performed similar services. Additional pages may be added, if needed. Complete and return with bid submittal. Reference # 1 Project Name:Contract Value: Date Began:Date Completed: Address City / State / Zip Contact Person:Email: Phone:Fax: Notes: Reference # 2 Project Name:Contract Value: Date Began:Date Completed: Address City / State / Zip Contact Person:Email: Phone:Fax: Notes: Reference # 3 Project Name:Contract Value: Date Began:Date Completed: Address City / State / Zip Contact Person:Email: Phone:Fax: Notes: Vendor Name Date: DRUG FREE WORKPLACE FORM MEP Services 28 ITB #34-20 The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that does: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business’s policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee’s community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Vendor Signature Date DRUG-FREE WORKPLACE FORM MAILING LABEL CUT ALONG THE LINE AND AFFIX TO THE FRONT OF YOUR BID CONTAINER MEP Services 29 ITB #34-20 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ SEALED BID Submitted by: Company Name: Address: City, State, Zip: ITB #34-20, Mechanical, Electrical and Plumbing Services Due Date: June 2, 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 #34-20, Mechanical, Electrical and Plumbing Services Due Date: June 2, 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 Invitation to Bid #34-20 Mechanical, Electrical, and Plumbing Services Award Recommendation - Rates Effective 7/1/20 to 6/30/21 Hourly Rates Mechanical Electrical Plumbing Standard hourly rate 81.50 $ 71.50 $ 75.50 Standard helper hourly rate 73.50 $ 52.00 $ 54.00 Standard laborer hourly rate 67.00 $ 44.00 $ 48.50 Overtime hourly rate 115.50 $ 107.00 $ 112.00 Overtime helper hourly rate 104.00 $ 78.00 $ 82.00 Overtime laborer hourly rate 95.50 $ 66.00 $ 73.50 Emergency hourly rate 121.00 $ 132.00 $ 131.00 Emergency helper hourly rate 108.00 $ 91.00 $ 93.00 Emerency laborer hourly rate 1 $100.501 $ 76.501 $ 83.50 Percentage over cost for materials 18% 17% 17% Roster Contractors: MECHANICAL Air Mechanical &Service Corp All Florida Mechanical Services ConSery Building Services Kenyon & Partners Inc Page Mechanical Group Pure Air Control Services, Inc Tampa Bay Trane ELECTRICAL AMPRO, Inc Bates Electric Inc Botta Electrical, Inc ConSery Building Services Piper Fire Protection, Inc Tamco Electric, Inc PLUMBING Alter Plumbing Apollo Plumbing of Pinellas County C. Lacey Plumbing ConSery Building Services Ross Plumbing& Heating, Inc Standard Rates apply Monday through Friday, 7:00 A.M.to 5:00 P.M. Overtime Rates apply Monday through Friday, 5:00 P.M.to 7:00 A.M., all hours on Saturday/Sunday and City recognized holidays Emergency Rates apply when contractor is required on-site immediately with 1-hour response time Scanned by CamScanner INVITATION TO BID #34-20 Mechanical, Electrical, Plumbing Services Contractor Acceptance Form Company Name: _______________________________________________________________________ Point of Contact: _______________________________________________________________________ Email Address:_________________________________________________________________________ Phone: ___________________________________ ____ I/We have received the hourly rates for ITB #34-20 effective July 1, 2020 through June 30, 2021. Initial ____ I/We understand that no additional rate or wage variations will apply to contract work. Initial ____ I/We agree to perform work for the City of Clearwater in the roster categories bid: initial ___ Mechanical ___ Electrical ___ Plumbing _________________________________________________ _______________________________ Signature/Print (must be signed by Company authorized representative) Date ************************************************************************************* ____ The undersigned chooses to not be included on the City’s MEP rosters established from ITB #34-20. Initial _________________________________________________ _______________________________ Signature/Print (must be signed by Company authorized representative) Date INVITATION TO BID #34-20 Mechanical, Electrical, Plumbing Services Contractor Acceptance Form Company Name: _______________________________________________________________________ Point of Contact: _______________________________________________________________________ Email Address:_________________________________________________________________________ Phone: ___________________________________ ____ I/We have received the hourly rates for ITB #34-20 effective July 1, 2020 through June 30, 2021. Initial ____ I/We understand that no additional rate or wage variations will apply to contract work. Initial ____ I/We agree to perform work for the City of Clearwater in the roster categories bid: initial ___ Mechanical ___ Electrical ___ Plumbing _________________________________________________ _______________________________ Signature/Print (must be signed by Company authorized representative) Date ************************************************************************************* ____ The undersigned chooses to not be included on the City’s MEP rosters established from ITB #34-20. Initial _________________________________________________ _______________________________ Signature/Print (must be signed by Company authorized representative) Date _Offer_Alter mbing.pdf C I ·1� 'Y O F C J_, E .A R \\1 A T E Hi,.'-'--,.IOO'Affl(f.,',T, l �,, 0f>IJJO; � 414:� C)f �\.1l.l� f14ml.l 3J7.5S4""' t,11;.�u�:5£g\1<»R t::U>.NG.100So<.:tn)himJ: l&\�'Vf.i �th l':"1'11(),_,'1\ fn.7J 5Gl..;U!I F.u: vl'1J-�i.,s INVITATION TO BID #34-20 Mechanical, Electrical, Plumbing Services Contractor Acceptance Form Company Name : 1 1 , . , • , • ..., -• \-·'V v" L 1 , • Point of C.ontact �\J .... \ .... A,�i<.....--'.V(__.=- Email Alidress: 8 \ +e. <j?,uM\, il,) Phone: q � \ ' 7 Z � - / 7 �w/vWe have received the hourly rates for rrs #34-20 effective July 1, 2020 throt..gh Ju ne 30, 2021. � � -- VW e nder s tand that no additional rate or wage variations will apply to contrac t work. In� -VWe. agree to perform work for the City of Clearwater in the roster cate�bid: _ Mechanical _ Electrical £1u mbing , -/e,� 2ol6 _.�stt. szana,d tl'fCC11!11iWIV ol<lltabed ,_,_SIDtlW)Due Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8087 Agenda Date: 8/6/2020 Status: Consent AgendaVersion: 2 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 7.13 SUBJECT/RECOMMENDATION: Designate Councilmember Beckman to serve as the City’s official voting delegate at the Florida League of Cities’ Annual Conference, August 14, 2020. (consent) SUMMARY: The Florida League of Cities is hosting their annual conference on August 13 -14 via Zoom. The League is asking each municipality to designate one official to be the voting delegate at the Annual Business Session on Friday, August 14 at 2:00 p.m. Election of League leadership and adoption of resolutions are undertaken at the business meeting. At the August 3, 2020 work session, there was council consensus to appoint Councilmember Kathleen Beckman. 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 8/6/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9367-20 2nd rdg Agenda Date: 8/6/2020 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.1 SUBJECT/RECOMMENDATION: Adopt Ordinance 9367-20 on second reading, amending the future land use plan element of the Comprehensive plan to designate the land use for certain real properties whose post office addresses are 24323 and 24479 US Highway 19 North, all in Clearwater, Florida 33763, upon annexation into the City of Clearwater, as US 19 - Corridor (US 19 C) and Preservation (P). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/6/2020 Ordinance No. 9367-20 ORDINANCE NO. 9367-20 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 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, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS US 19 – CORRIDOR (US 19 C) AND PRESERVATION (P); 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. US 19 – Corridor (US 19 C) and Preservation (P) (ANX2019-11026) 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 upon second reading, contingent upon approval of the land use designation by the Pinellas County Board of Commissioners, where applicable, and thirty-one (31) days after the state land planning agency notifies the City of Clearwater that the plan amendment package is complete, pursuant to section 163.3184(3)(c)4, Florida Statutes. Ordinance No. 9367-20 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 FUTURE LAND USE 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) 74142 25622 46281 66678 66678 66676* 123456 678 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 23/04 23/05 3.39 23/06 23/13 22/06 1.54 33.76 4.23 21/03 5.85 34866 * 09072 41 42 46 47 4849 1234456 12341 12 345 6 11 12 13 14 15 16 1 2 3 5 6 7 8 9 10 123456 1234 1 2 3 4 5 6 1 2 3 4 5 6 4 7 891011 12 14151718 4008340082 141516 17 6 71 567 1 1 1 2 1 1 1 1 3 2 1 1 AC(C) AC(C) AC(C) A C(C) AC(C) A C(C) AC AC(C) AC(C) AC(C) AC(C)US-19 NSUNSET POINT RD R E GE N C Y OA K S B L V D HAAS AVE I P IL I US 19-C US 19-NC RS US 19-C R/O/R R/OS R/O/R US 19-NC US 19-NC US 19-NC US 19-C 2750275024195 24275 265024479 24323 -Not to Scale--Not a Survey-Rev. 1/30/2020 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 ANE DR SUNSET MEADOW DR SUN DOWN DR ROBINW OOD 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 GE N C Y OA K S B L V D R E GE N C Y OA 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 1 2 3 4 5 6 1 2 3 4 5 6 4 7 891011 12 14151718 1 40083141516 17 6 71 567 1 1 2 1 1 1 1 3 2 1 1 A C(C) AC(C) AC(C) AC(C) A C(C) AC(C) A C AC(C) A C(C) AC(C) AC(C)US-19 NSUNSET POINT RD R E GE 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: 9368-20 2nd rdg Agenda Date: 8/6/2020 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.2 SUBJECT/RECOMMENDATION: Adopt Ordinance 9368-20 on second reading, amending the Zoning Atlas of the city by zoning certain real properties whose post office addresses are 24323 and 24479 US Highway 19 North, all in Clearwater, Florida 33763, upon annexation into the City of Clearwater, as US 19 (US 19) and Preservation (P). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/6/2020 Ordinance No. 9368-20 ORDINANCE NO. 9368-20 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING 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, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS US 19 (US 19) AND PRESERVATION (P); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of zoning classifications as set forth in this ordinance are 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. 9366-20. Property Zoning District See attached Exhibit A for legal descriptions . US 19 and Preservation (P) (ANX2019-11026) Ordinance No. 9368-20 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 ZONING 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) 74142 25622 46281 66678 66678 66676* 123456 678 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 23/04 23/05 3.39 23/06 23/13 22/06 1.54 33.76 4.23 21/03 5.85 34866 * 09072 41 42 46 47 4849 123 4456 12341 12 345 6 11 12 13 14 15 16 1 2 3 5 6 7 8 9 10 123456 123 4 1 2 3 4 5 6 1 2 3 4 5 6 4 7 891011 12 14151718 4008340082 141516 17 6 71 567 1 1 2 1 1 1 1 3 2 1 1 A C(C) AC(C) AC(C) AC(C) A C(C) AC(C) A C AC(C) A C(C) AC(C) AC(C)US-19 NSUNSET POINT RD R E GE N C Y OA K S B L V D HAAS AVE I PUS 19 US 19 I IRT 27502750265024195 24275 LDR OS/R MDR 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 ANE DR SUNSET MEADOW DR SUN DOWN DR ROBINW OOD 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 GE N C Y OA K S B L V D R E GE N C Y OA 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 1 2 3 4 5 6 1 2 3 4 5 6 4 7 891011 12 14151718 1 40083141516 17 6 71 567 1 1 2 1 1 1 1 3 2 1 1 A C(C) AC(C) AC(C) AC(C) A C(C) AC(C) A C AC(C) A C(C) AC(C) AC(C)US-19 NSUNSET POINT RD R E GE 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: 9387-20 2nd rdg Agenda Date: 8/6/2020 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.3 SUBJECT/RECOMMENDATION: Adopt Ordinance 9387-20 on second reading, amending the Community Development Code Sections 3-1202.G, 3-1401.C, 3-2103, and Appendix B. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/6/2020 ORDINANCE NO. 9387-20 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE BY AMENDING SECTION 3-1202.G TO ALLOW THE COMPREHENSIVE LANDSCAPING PROGRAM TO BE UTILIZED IN THE US 19 DISTRICT; AMENDING SECTION 3-1401.0 TO REQUIRE CITY ENGINEER APPROVAL FOR METHDOLOGY OF PARKING DEMAND STUDY; AMENDING SECTION 3- 2103 TO PERMIT CERTAIN TEMPORARY USES WITHIN THE US 19 DISTRICT WHERE PREVIOUSLY NONE WERE PERMITTED, AND TO ALLOW ALL DETACHED DWELLINGS AND DUPLEXES TO HAVE GARAGE, YARD OR ESTATE SALES; AMENDING APPENDIX B, SECTION B-103 TO PROVIDE ADDITIONAL DESCRIPTIONS OF DEVELOPMENT STANDARDS WITHIN THE APPENDIX; RENAMING AND AMENDING APPENDIX B, SECTION B-104 TO CLARIFY EXEMPTIONS FOR IMPROVEMENT, REMODEL OR RECONSTRUCTION PROJECTS AND INTERNAL BUILDING AND ADDITIONS WITHIN THE US 19 DISTRICT AND TO INCORPORATE ADDITIONAL DESCRIPTIONS SECTION REFERENCES; AMENDING APPENDIX B, FIGURE 1. REGULATING PLAN TO DEPICT KEY CORNERS ON THE MAP AND TO CHANGE THE STREET FRONTAGE TYPE FOR PROPERTIES LOCATED ON THE EAST AND WEST SIDE OF RIGHT-OF-WAY LOCATED GENERALLY ON THE SOUTH SIDE OF DREW STREET, APPROXIMATELY 140 FEET WEST OF US 19 FROM TYPE B TO TYPE D; AMENDING APPENDIX B, DIVISION 7. TO ADD NEW FLEXIBILITY FOR PARKING, PERMIT REDUCED SETBACKS UNDER CERTAIN CIRCUMSTANCES, MODIFY FLEXIBILITY FOR SPECIAL PROJECT TYPES, REORGANIZE CERTAIN LANGUAGE, AND PROVIDE ADDITIONAL DESCRIPTIONS FOR CLARITY; CERTIFYING CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater adopted the Community Development Code on January 21, 1999 which took effect on March 8, 1999; and WHEREAS, on February 2, 2017 the City of Clearwater established a new US 19 District and adopted the US 19 Zoning District and Development Standards as Appendix B of the Community Development Code; and WHEREAS, this new zoning code for the US Highway 19 corridor ensures redevelopment along the corridor contributes to the creation of a more compact, accessible and attractive pedestrian- and transit-friendly destinations, which is critical to maintaining and improving the city's economy and quality of life; and Ordinance No. 9387-20 WHEREAS, since 2017 the City has reviewed and issued development orders and permits for a variety of development projects in the US 19 District including changes of use, rehabilitation of existing structures, and new construction for various uses and project sizes; and WHEREAS, through the development review and building permit review process, the new US 19 District standards have been applied to projects and the City has determined that revisions to the Code would provide clarity and support redevelopment opportunities; and WHEREAS, at a duly noticed public meeting the Clearwater Community Development Board, pursuant to its responsibilities as the Local Planning Agency, has reviewed this amendment, conducted a public hearing, considered all public testimony and has determined that this amendment is consistent with the City of Clearwater's Comprehensive Plan and recommended that the City Council adopt this amendment; and WHEREAS, the City Council has fully considered the recommendation of the Community Development Board and testimony and evidence submitted at its public hearing; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That Article 3, Development Standards, Section 3-1202.G, Comprehensive landscaping program, Community Development Code, be amended to read as follows: Section 3-1202. - General landscaping standards. G. Comprehensive landscaping program. EXGe,+fer .,.,.rhes I.,.+r ted within the US 19 n'tThe landscaping requirements of this division may be waived or modified as a part of a Level One or Level Two approval, as the case may be, if the application for development approval includes a comprehensive landscape program which satisfies each of the following criteria: 1. Architectural theme. a. The landscaping in a comprehensive landscape program shall be designed as a part of the architectural theme of the principal buildings proposed or developed on the parcel proposed for development; or b. The design, character, location and/or materials of the landscape treatment proposed in the comprehensive landscape program shall be demonstrably more attractive than landscaping otherwise permitted on the parcel proposed for development under the minimum landscape standards. 2. Lighting. Any lighting proposed as a part of a comprehensive landscape program is automatically controlled so that the lighting is turned off when the business is closed. 3. Community character. The landscape treatment proposed in the comprehensive landscape program will enhance the community character of the City of Clearwater. 2 Ordinance No. 9387-20 4. Property values. The landscape treatment proposed in the comprehensive landscape program will have a beneficial impact on the value of property in the immediate vicinity of the parcel proposed for development. 5. Special area or scenic corridor plan. The landscape treatment proposed in the comprehensive landscape program is consistent with any special area or scenic corridor plan which the City of Clearwater has prepared and adopted for the area in which the parcel proposed for development is located. 6. Properties within the US 19 District. The landscape treatment proposed in the comprehensive landscape program for properties in the US 19 District shall not result in the reduction of the pedestrian and landscape improvements required in Appendix B, Division 4. Street Frontage Standards, except as provided for in Appendix B, Division 7. Flexibility. Section 2. That Article 3, Development Standards, Section 3-1401.C, Parking demand study, Community Development Code, be amended to read as follows: C. Parking demand study. 1. If flexibility of the parking standards is requested that is greater than 50 percent of the top end of the range (excluding those standards where the difference between the top and bottom of the range is one parking space), then a parking demand study will need to be provided. Prior to the preparation of such study, the methodology shall be approved by the Ceommunity Ddevelopment Ceoordinator and City Engineer, and in accordance with accepted traffic engineering principals. The findings of the study will be used in determining whether or not flexibilitydevia#9%to the parking standards are approved. Section 3. That Article 3, Development Standards, Section 3-2103, Temporary uses, Community Development Code, be amended to read as follows: Section 3-2103. - Allowable temporary uses. Unless otherwise noted, the following temporary uses are permitted subject to obtaining a Level One approval in accordance with the provisions of Article 4, Division 3 as well as the specific criteria pertaining to each temporary use: A. Block orad neighborhood parties. 1. Allowable within all residential zoning districts and within the US 19 District; and 2. Maximum of two days, per calendar year. 3. May be subject to review by the special events committee. B. Circuses or carnivals. 1. Allowable within the C, US 19, IRT and I Districts; and 2. Maximum of 14 days per property, per calendar year. D. Evangelical and religious revivals or assemblies. 3 Ordinance No. 9387-20 1. Allowable within the C, D, T, US 19, 1 and IRT Districts; and 2. Maximum of seven days per property, per calendar year. E. Garage, yard or estate sales. 1. Allowable within all residential zoning districts and for all detached dwellings and duplexes; 2. Allowable twice per property, per calendar year, but for no longer than three days per occurrence; 3. Individual occurrences may not be consecutive; and 4. Provided all of the applicable standards of this division are met, a permit is not required for this temporary use. F. Outdoor automobile, boat orand recreational vehicle shows. 1. Allowable only on properties located in the C and US 19 Districts that+care at least 75 contiguous acres in size; 2. Allowable four times per property, per calendar year, but for no longer than seven days per occurrence, inclusive of set-up and take down time for all related facilities. Individual occurrences may not be consecutive; and 3. The sale of products displayed at the show is permitted, without regard to the primary use of the property. K. Temporary buildings during construction. 1. Allowable within the C, T, D, O, US 19, 1 and IRT Districts; 2. Allowable only for the duration of an active building construction permit. All temporary buildings must be removed prior to the issuance of a Certificate of Completion or Certificate of Occupancy, as applicable, for the permanent building; 3. All temporary buildings must meet the setbacks applicable to the permanent building; 4. An adequate area for parking must be provided on-site that would accommodate the parking needs of the temporary building; and 5. The temporary use permit may be revoked if it should be determined that construction on the permanent building has ceased. P. Temporary retail sales and displays. 1. Allowable within the C, T and D, and US 19 Districts; 2. Allowable four times per property, per calendar year, but for no longer than seven days per occurrence; and 3. Individual occurrences may not be consecutive, and must be separated by at least one day. Section 4. That Appendix B, US 19 Zoning District and Development Standards, Section B-103, Organization of Standards, Community Development Code, be amended to read as follows: SECTION B-103. ORGANIZATION OF STANDARDS These n,,,,,,i,,.,ment Standards a c -a„. El OR fig ^ c^^+[^^c regulating development in the US 19 District are organized as follows...: 4 Ordinance No. 9387-20 A) Regulating Plan The regulating plan consists of maps indicating subdistrict limits and street frontage type assignments. Subdistrict standards regulate development intensity, building heights, uses, and parking requirements. The regulating plan also identifies the location of key corners which are subject to special requirements. B) Development Standards Standards regulating development in the US 19 District are included in Divisions 3, 4, 5, and 6 and are summarized below: 1. The Subdistrict Standards in Division 3 regulate development potential, building heights, permitted uses, and parking requirements and reduction factors. 2. The Street Ffrontage Sstandards in Division 4 regulate building location and facade treatments, landscaping, pedestrian improvements, and parking treatments along street frontages. Site De&kp4 3. The Site Ddesign Sstandards in Division 5 regulate the configuration of improvements on sites, project phasing, pedestrian and vehicular circulation, parking and service areas, landscaping, and other features. D) Building [Design 4. The Building Ddesign Sstandards in Division 6 regulate the treatment of front building facades, building entries, and other features related to the architectural design of buildings. C€) Flexibility Provisions Division 7The flexibility seetion provides processes and standards for the approval of flexibility in the application of the US 19 Zoning District & Developmentdesign standards. Section 5. That Appendix B, US 19 Zoning District and Development Standards, Section B-104, Applicability of Design Standards, Community Development Code, be renamed and amended to read as follows: SECTION B-104. APPLICABILITY OF DEVELOPMEWDESIG N STANDARDS A) General The Development Standards in Appendix B, Divisions 3, 4, 5, and 61 S 19 DiStFinf street ffreRtaCge, site design and b iildiRg design standa"Debi— [ai ;are intended to ensure that new developmentbuildiRgs and significant renovations and additions to existing developments are designed in accordance with the vision described in the US 19 Corridor Redevelopment Plan, while allowing for incremental improvements to existing buildings and sites. Provisions addressing flexibility in the application of these Development DesgR Standards are included in Appendix B, Division 7. B) Conformity of Existing Structures Existing structures within the US 19 District, including buildings and parking, shall not be considered nonconforming under the standards for nonconforming structures in Section 6-102. C) Exemptions The following types of development are exempt from all or a portion of the Development DesigR Standards as follows. 5 Ordinance No. 9387-20 1. Structures Damaged by Force Majeure. Notwithstanding anything to the contrary contained or implied herein, if a lawfully constructed structure is damaged or destroyed by fire, casualty or act of God, the owner of record on the date of the event may repair or rebuild said structure on the same building site and with the same building footprint by right. To qualify, the structure must have been legally permitted to have been built under this or other Codes, or have legally existed as a non-conforming structure prior to the causative event. The structure shall not be added to or altered in any way, except to remedy the effects of such damage or destruction, unless such additions or alterations cause the structure to conform more closely with the provisions of this Development Standards. Permits for repair or replacement of such structures must be obtained within one year of the causative event. 2. Restricted Access Sites. Parcels Devel^^m^ for which public access is prohibited due to health, safety, public security, and welfare reasons are exempt from thihesethe Developmentsesig44 Standards in Appendix B, Divisions 4, 5 and 6. 3. Detached Dwellings. Detached dwellings lawfully existing on the date of the original adoption of these Development Standards may continue to be repaired, remodeled and expanded consistent with the . ..^^ ^t f^'{" standards for detached dwellings in the Low Medium Density Residential District (LMDR) in Article 2, Division 2, provided that any enlargement or alteration to the structure does not create any additional dwelling units. New accessory structures may be constructed consistent with the setbacks for accessory structures in the LMDR District and standards in Article 3, Division 2Sec iee 3 281. No lot of record upon which a detached dwelling existed on the date of adoption of these Development Standards may be expanded or reduced in size while occupied with a detached dwelling. 4. Mobile Homes and Mobile Home Parks. Mobile homes and mobile home parks lawfully existing on the date of adoption of these Development Standards may continue to be repaired, remodeled and/or replaced consistent with the ^F^Vici^^c Set f9'4" standards for mobile homes in Article 2, Division 6, or those standards in place at the time of mobile home park approval, provided that any modifications do not create any additional dwelling units. New accessory structures may be constructed consistent with the setbacks for accessory structures in Article 2, Division 6 and the standards for accessory structures in Article 3, Division 22^^+i^n 3-294. No lot of record upon which a mobile home or mobile home park existed on the date of adoption of these Development Standards may be expanded or reduced in size. 5. Change of Use. Projects involving only a change in use are exempt from the Developmentses4g Standards in Appendix B, Divisions 4, 5 and 6. 6. Improvement, Remodel, or Reconstruction. Building improvement and remodel projects, including reconstruction of buildings in the general location or footprint of buildings being replaced, with up to 5 percent additional gross floor area, shall be exempt from the Developmentgesig-g Standards as follows. a. Building improvement, remodel, or reconstruction projects valued at less than 25 percent of the total assessed building value as reflected in the Property Appraiser's current records at the time of application are exempt from the Developmentse 4R Standards in Appendix B, Divisions 4, 5 and 6, except that the location of any new 6 Ordinance No. 9387-20 floor area, including accessory structures, shall be compliant with the setback requirements in Division 4 of these standards to the greatest extent practicable as determined by the Community Development Coordinator. b. Building improvement, remodel, or reconstruction projects valued at 25 percent or more of the total assessed building value as reflected in the Property Appraiser's current records at the time of application, are exempt from all but SeE;t+ensthe pedestrian walkway standards in B-503.C, the surface parking and service area standards in B-504.A.1, the bicycle parking standards in B-504.C, and the landscape requirements in B-505.A of these DeSigR Sstandards, which. The oro.,icior,c Gf shall be brought into compliance to the greatest extent practicable as determined by the Community Development Coordinator-t^ +urea of+ho site within reasenahlo proximity to the impFeyerdf idrernGdeleor re GGRGtr,,o4e`d area of the bUilydinry f Additionally, the location of any new floor area, including accessory structures, shall be compliant with the setback requirements in Division 4 of these standards to the greatest extent practicable as determined by the Community Development Coordinator. Landscape requirements in B.504.A.1 and B.505.A may be modified as part of a comprehensive landscape program pursuant to the criteria set forth in Section 3-1204.G. 7. Internal Buildings and Additions. New buildings or additions to existing buildings located 200 feet minimum from the front property line shall be exempt from the street frontage standards in Division 4, except for side and rear setbacks, and the development pattern standards in Sections B-502, the access and driveway consolidation standards in Section B-503.A, reconstruction of sidewalks and landscaping in Section B-503.13, and building entry location standards in Section B-604.A. The location of any new floor area as part of an addition shall be compliant with the setback requirements in Division 4 of these standards to the greatest extent practicable as determined by the Community Development Coordinator. Additionally, tThe location of new buildings or additions to existing buildings shall allow for future development compliant with all setback requirements. 8. Parking and Landscaping. The following Community Development Code sections shall not apply: 3-1202.A.2, Q-10-1202.A.3, and 3-1401.B.2 and 3-1401 [1 - Section 6. That Appendix B, US 19 Zoning District and Development Standards, Division 2, Regulating Plan, Community Development Code, be amended to add Key Corners to Figure 1. Regulating Plan, consistent with the Key Corners identified in Division 3. Subdistrict Standards, and to amend the Street Frontage Type for properties on the east and west side of right-of-way located generally on the south side of Drew Street, approximately 140 feet west of US 19, from Street Frontage Type B to D as follows: Remove existing Figure 1. Comprised of 6 maps and replace with the following 6 maps) 7 Ordinance No. 9387-20 8 Ordinance No. 9387-20 9 Ordinance No. 9387-20 10 Ordinance No. 9387-20 11 Ordinance No. 9387-20 12 Ordinance No. 9387-20 13 Ordinance No. 9387-20 Section 7. That Appendix B, US 19 Zoning District and Development Standards, Division 7, Flexibility, Community Development Code, be amended to read as follows: SECTION B-701. GENERAL Flexibility in the application of Development Design Standards may be approved by the Community Development Coordinator or Community Development Board as provided below. Where flexibility is allowed, the level of flexibility permitted shall be the minimum extent required to address flexibility standards and requirements. SECTION B-702. PROCESS Authority to grant flexibility shall follow the approval levels indicated by use in Table 2. Use & Parking and shall be administered consistent with the provisions of Article 4, Development Review and Other Standards. The Community Development Coordinator shall have authority to grant flexibility for Level One approvals and the Community Development Board shall have authority to grant flexibility for Level Two approvals. Where flexibility is being requested for a Level One Minimum Standard Development use, the request shall be processed as a Level One Flexible Standard Development. SECTION B-703. FLEXIBILITY PROVISIONS Flexibility may be approved subject to the standards below. A) Subdistrict Standards — Parking Flexibility to further reduce the minimum number of parking spaces to less than what may be approved through Table 3. Parking Reduction Factors in Section B-303.0 may be requested with the provision of a parking demand study. Prior to the preparation of such study, the methodology shall be approved by the Community Development Coordinator and City Engineer, and in accordance with accepted traffic engineering principals. The findings of the study will be used in determining whether or not additional flexibility to the required parking may be approved. BA) Street Frontage Standards - Building Setbacks 1. Front building setbacks less than the minimums or greater than the maximums allowed in Appendix B, Division 4 may be approved for projects with site constraints such as shape irregularities and/or the presence of natural features, existing utilities, utility easements, or access easements making meeting setback requirements impractical or infeasible. Where front building setbacks are reduced, required pedestrian areas along front building facades may be reduced by no more than 20 percent, and the landscape area may be modified as part of a comprehensive landscape program pursuant to the criteria set forth in Section 3-1204.G. 2. Existing developments with front building setbacks greater than the maximums allowed in ARpendix B, Division 4 may be expanded in a manner that does not comply with front setback requirements provided the addition does not substantially change the general configuration of the site and meets the requirements of Section B-1 04.C.6. C) Street Frontage Standards - Building Spacing 14 Ordinance No. 9387-20 The maximum spacing between individual buildings along Street Frontage Types A, B, and C may be increased or waived for projects with that meet the requirements of B- 703.C.1, B-703.C.2, and B-703.C. 1. The project must have one or more of the following characteristics_.. a. The proposed site configuration is designed to incorporate natural features such as a stand of mature trees, body of water, wetland or other similar feature. b. Placement of existing buildings and/or site access and circulation constraints make it infeasible to meet the standard. c. The placement of publicly-accessible outdoor plaza spaces to the side of the building results in increased building spacing to accommodate the plaza. 2. A plan for phased development shall be submitted that indicates how planned and future buildings will be placed consistent with the goals and policies of the Comprehensive Plan; the planning and design recommendations of the US 19 Corridor Redevelopment Plan; and the general purpose, intent and basic planning objectives of these Development Standards. 3. Where flexibility in the standard is allowed, enhanced landscaping and the use of low walls along street frontages to screen parking and define the edge of pedestrian ways shall be required. DG) Street Frontage Standards - Parking & Vehicular Circulation EG) Street Frontage Standards - Front Building Facades & Entries 1. For buildings along Street Frontage Types A, B, and C, the extent of transparent glazing along a building's ground floor front facade may be reduced to 25 percent if the building's ground floor side facade is designed to meet standards applicable to the front facade, including requirements for pedestrian and landscape improvements. 2. For buildings at corner locations, the extent of transparent glazing along the front facade with the lowest level of existing or planned pedestrian activity may be reduced to 25 percent. These flexibility provisions are illustrated in Figure 16. Frontage Design Flexibility. 3. -2. As i',:QstratedOR Figure 16. F=FeRtage Design Flexih#4+ , Fflexibility in the application of entry location standards in Appendix C, Division 4 and in Section B-604.A may be approved consistent with one al-of the following. a. Building entries along a side facade may be approved in lieu of entries on the front facade if the entries are clearly visible from and within 40 feet of the street frontage and both facades are designed to meet standards applicable to front facades, including requirements for pedestrian and landscape improvements. b. For buildings at corner locations, building entries along one front facade may be approved in lieu of entries on both front facades if the entries are clearly visible from and within 40 feet of the street frontage and both facades are designed to meet 15 Ordinance No. 9387-20 standards applicable to front facades, including requirements for pedestrian and landscape improvements. F€) Site Design Standards - Development Pattern Flexibility in the application of requirements found in Section B-502.A and Section B-502.13 for new streets and drives and development blocks may be approved for projects on sites where the applicant demonstrates that site size, dimension, shape, or presence of constraints such as natural areas, utilities or utility easements, or other existing features make meeting these requirements infeasible. j ) Site Design Standards - Cross Parcel Connections Hb) Site Design Standards - Pedestrian Walkways through Parking Lots ISI) Site Design Standards - Fences &Walls Along Street Frontages 11) Site Design Standards - Stormwater Facility Location 1S-J) Building Design Standards - Facade Design &Articulation SECTION B-704. FLEXIBILITY PROVISIONS FOR SPECIAL PROJECT TYPES A) Special Project Types 1. Flexibility in meeting the frontage, site, and building standards in Divisions 4, 5, and 6 for large-scale mixed use projects and projects with employment-intensive land uses may be approved by the Community Development Board. Projects meeting the following criteria are defined as special project types for the purpose of this section. a. Projects on sites greater than 20 acres with a mix of land uses including at least two of the following uses: retail, including restaurants, retail plazas, and retail sales and services; multi-family residential; overnight accommodations; or office. b. Projects on sites greater than 10 acres with a proposed FAR greater than 1.25 and a mix of land uses including at least two of the following uses: retail, including restaurants, retail plazas, and retail sales and services; multi-family residential; overnight accommodations; or office. c. Projects on sites greater than 540 acres with employment-intensive land uses meeting the criteria for such uses as defined in the Economic Development Strategic Plan and providing opportunity for significant economic contribution to the City by diversifying the local economy; by creating jobs with average wages exceeding the annual average wage of Pinellas County; and which attract, retain, and expand primary industries. 16 Ordinance No. 9387-20 Section 8. Amendments to the Community Development Code of the City of Clearwater (as originally adopted by Ordinance No. 6348-99 and subsequently amended) are hereby adopted to read as set forth in this Ordinance. Section 9. The City of Clearwater does hereby certify that the amendments contained herein, as well as the provisions of this Ordinance, are consistent with and in conformance with the City's Comprehensive Plan. Section 10. Should any part or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a whole, or any part thereof other than the part declared to be invalid. Section 11. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. Section 12. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Michael Fuino Rosemarie Call Assistant City Attorney City Clerk 17 Ordinance No. 9387-20 PLANNING & DEVELOPMENT DEPARTMENT COMMUNITY DEVELOPMENT BOARD STAFF REPORT MEETING DATE: June 16, 2020 AGENDA ITEM: F.1. CASE: TA2020-03003 ORDINANCE NO.: 9387-20 REQUEST: To amend the City of Clearwater’s Community Development Code to modify the comprehensive landscaping program, parking demand study, and temporary uses sections and to amend Appendix B US 19 Zoning District and Development Standards general provisions, regulating plan, and flexibility divisions INITIATED BY: City of Clearwater, Planning and Development Department BACKGROUND: Proposed Ordinance 9387-20 represents the first substantive city-initiated update to the US 19 Zoning District and Development Standards (Appendix B of the Community Development Code) since it was adopted in February 2017. To date, one minor amendment was approved to incorporate references to medical marijuana treatment centers and dispensing facilities (2017) consistent with state legislation passed that same year, and two applicant-initiated amendments were approved to allow self-storage warehouses within the US 19 Regional Center on certain parcels within the District (2018 and 2019). Since the adoption of the US 19 District, the city has processed permits for renovations of existing buildings, changes of use, and redevelopment projects of various scales including new drive-through restaurants and several large attached dwelling projects. This has allowed staff to assess the standards and the city’s goals for the US 19 District. Proposed Ordinance 9387-20 is primarily focused on sections of the US 19 District and Development Standards addressing development exemptions and flexibility. It also updates the Regulating Plan maps to depict the location of key corners and to change the designated Frontage Type for one right-of-way. Staff has identified additional modifications to the development standards pertaining to the frontage, Planning & Development Department Community Development Code Text Amendment Long Range Planning Division Revised for City Council First Reading – July 16, 2020 Community Development Board – June 16, 2020 TA2020-03003 – Page 2 site design, and building design standards which will be brought forward at a later date for City Council consideration. ANALYSIS: The proposed amendments address Division 1. General Provisions, Division 2. Regulating Plan, and Division 7. Flexibility within Appendix B, as well as certain changes to include the US 19 District within the Temporary Uses and Comprehensive Landscape Program sections of the Community Development Code, and to Parking Demand Study methodology approvals, as described below. Section 3-1202.G. Comprehensive Landscaping Program (Pages 2-3 of the Ordinance): The proposed amendment allows for the use of the Comprehensive Landscaping Program in the US 19 District where currently its use is not permitted. Adding the proposed criterion provides for potential flexibility in meeting required landscaping on sites where creative solutions are helpful and appropriate, but would not allow the program to be used to reduce pedestrian and landscape improvements required along frontages in the US 19 District. Section 3-1401.C Parking Demand Study (Page 3 of the Ordinance): The proposed amendment establishes City Engineer approval of parking demand study methodology prior to commencement of such a study being used to support a request for flexibility. Section 3-2103 Temporary Uses (Pages 3-4 of the Ordinance): This section of the Community Development Code provides governance for the various temporary uses permitted in the City, and specifically outlines in which Districts they may be allowed. In 2017 when the US 19 District was established, this section of the Code was inadvertently overlooked. This proposed amendment clarifies which temporary uses would be permitted within the US 19 District – primarily those which are allowed in the Commercial (C) District as well as those which apply to residential uses such as block or neighborhood parties or garage sales. Appendix B, Division 1. Section B-103 Organization of Standards and Section B-104 Applicability of Development Standards (as proposed to be renamed) (Pages 4-7 of the Ordinance): Section B-103 Organization of Standards provides an overview of the various components of the US 19 Zoning District and Development Standards. Subsequent to the adoption of this District, the city developed new standards for its Downtown (D) District modeled after the US 19 District. Planning & Development Department Community Development Code Text Amendment Long Range Planning Division Revised for City Council First Reading – July 16, 2020 Community Development Board – June 16, 2020 TA2020-03003 – Page 3 Certain terminology and organizational changes were made at that time based on staff’s experience to date implementing the US 19 standards, and the proposed amendments bring consistency between the two Districts. Section B-104 Applicability of Development Standards establishes certain situations in which development projects may be exempt from all or portions of the District’s standards. Many of the proposed amendments in this section incorporate descriptions of referenced Code sections and other minor modifications for consistency between Districts as previously stated. Additionally, state statutes governing mobile home parks allow for the application of those standards which were in place at the time of park approval to continue to apply; therefore, this reference is proposed to be added. Several of the development applications and permits approved thus far within the US 19 District utilized the provisions for Improvement, Remodel or Reconstruction projects (B-104.C.6), generally referred to as the “25% rule”. Such projects that do not exceed 25% of the total assessed building value as reflected in the Property Appraiser’s current records at the time of application are exempt from the US 19 District and Development Standards; however, the proposed Ordinance would establish that any new floor area must comply with the setbacks established in Division 4 “… to the greatest extent practicable as determined by the Community Development Coordinator” (i.e., the Director of Planning and Development). This allows for continued reinvestment in existing structures while furthering the transition over time towards compliance with the setbacks which apply to new construction in the District. This same language is proposed for projects which exceed 25% of the total assessed value, and to new floor area for internal buildings and additions 200+ feet back from US 19. Appendix B, Division 2. Regulating Plan (Pages 7-13 of the Ordinance): Development within the US 19 District is regulated by subdistrict and street frontage type, both of which are depicted on a series of maps called the Regulating Plan (Figure 1). Additionally, several “key corners” are established which are required to have active uses and meet minimum height requirements. These key corners are not currently depicted on the Regulating Plan, but are listed within Appendix B, Division 3. Proposed Ordinance 9387-20 updates Figure 1. Regulating Plan to depict the key corners on the maps. Additionally, this ordinance proposes to amend the designated Street Frontage Type from B to D for Proposed Change to Street Frontage Type Planning & Development Department Community Development Code Text Amendment Long Range Planning Division Revised for City Council First Reading – July 16, 2020 Community Development Board – June 16, 2020 TA2020-03003 – Page 4 properties on the east and west side of an unnamed right-of-way located on the south side of Drew Street, approximately 140 feet west of US 19 (see inset map). The proposed change would apply to the eastern side of the Campus Walk retail plaza located at 2551 and 2571 Drew Street and the western side of the FDOT stormwater pond located at the southwest corner of Drew Street and US 19. Parcel boundaries show this right-of-way connects Drew Street to US 19; however, access was removed years ago when FDOT installed the stormwater pond located on the southwest corner of US 19 and Drew Street (east side of this right-of-way). Street Frontage Type B applies to parcels with frontage on US 19 and Street Frontage Type D is applied to areas not directly abutting US 19 or the major cross streets. Therefore, Street Frontage Type D is an appropriate designation for these parcels. Appendix B, Division 7. Flexibility (Pages 14-16 of the Ordinance) Where flexibility to US 19 District standards is permitted, it is defined within Appendix B, Division 7. The establishment of flexibility was deliberate and limited because this is a form- based code designed to create a predictable and consistent pattern of development as properties redevelop. In addition to some minor organizational changes and additional descriptions, similar to what is proposed in the previously discussed divisions, this ordinance proposes the following: • Establish new flexibility provision for parking to allow additional reductions to required parking beyond those possible through the parking reduction factors outlined in Table 3 based on the provision of a parking demand study • Modify flexibility for building setbacks, as established in Division 4. Street Frontage Standards, to allow for front setbacks less than the minimum required in Division 4 for lots that have various constraints such as irregular shapes or natural features which make it difficult to meet the required setbacks; limits size reductions to walkways to 20% and requires a Comprehensive Landscape Program application to reduce any required landscape areas • Modify flexibility for Special Project Types with “employment intensive land uses” to reduce the acreage threshold from 10 acres to 5 acres CRITERIA FOR TEXT AMENDMENTS: CDC Section 4-601 sets forth the procedures and criteria for reviewing text amendments. All text amendments must comply with the following: 1. The proposed amendment is consistent with and furthers the goals, policies and objectives of the Comprehensive Plan. A review of the Clearwater Comprehensive Plan identified the following goals, objectives and policies which will be furthered by the proposed Code amendments: Planning & Development Department Community Development Code Text Amendment Long Range Planning Division Revised for City Council First Reading – July 16, 2020 Community Development Board – June 16, 2020 TA2020-03003 – Page 5 Objective A.5.5 Promote high quality design standards that support Clearwater’s image and contribute to its identity. Policy A.5.5.6 Implement design standards for US Highway 19, which has transitioned from a roadway providing land access to a controlled access highway with ramps that are located less than two miles apart. Such standards should allow for higher intensities and a mix of land uses to allow for greater employment opportunities along the corridor, while improving accessibility and safety for cars, people and bicycles. Policy A.6.1.6 Land use decisions in Clearwater shall support the expansion of economic opportunity, the creation of jobs and training opportunities as well as the maintenance of existing industries through establishment of enterprise zones, activity centers and redevelopment areas and by coordination with the Chamber of Commerce, Tourist Development Council and other economic development organizations and agencies. Policy A.6.1.11 US Highway 19 is recognized on the Countywide Plan Map as a Multimodal Corridor (MMC), with major intersections designated as Activity Center (AC). The applicable Multimodal Corridor and Activity Center subcategories are shown on the Transit-Oriented Land Use Vision Map within the Countywide Plan Strategies. Policy A.6.1.12 Redevelopment of US Highway 19 shall be encouraged through the establishment of development standards which implement the Planning and Urban Design Principles within the Countywide Plan Strategies by allowing for more intense development while also promoting more employment-intensive, transit- and pedestrian-supportive development, establish mixed-use destinations and providing safe and attractive settings for working, living and shopping. These standards should: a. Concentrate office and other employment-intensive uses in places with easy access to US 19; b. Provide for retail, entertainment and other uses that serve the needs of surrounding neighborhoods; c. Promote high-intensity uses in close proximity to potential or planned transit routes; d. Lessen demands on local and regional street network by maximizing opportunities for the localization of work, shopping and leisure trips; e. Support shared parking and “park once” trips; Planning & Development Department Community Development Code Text Amendment Long Range Planning Division Revised for City Council First Reading – July 16, 2020 Community Development Board – June 16, 2020 TA2020-03003 – Page 6 f. Promote active lifestyles by encouraging walking and biking as convenient alternatives to automobile travel; and g. Contribute to street-level pedestrian activity and the informal surveillance of public spaces. Objective A.6.2 The City of Clearwater shall continue to support innovative planned development and mixed land use development techniques in order to promote infill development that is consistent and compatible with the surrounding environment. The City’s Comprehensive Plan has always incorporated policies related to the need for redevelopment and expansion of economic opportunities within the city. The establishment of the US 19 Zoning District and Development Standards in 2017 was a critical step in supporting these economic goals while creating a corridor that has a cohesive design and form as it redevelops. Many of the proposed changes are minor and intended to provide clarity for those using the US 19 Code. The proposed allowance of the use of the Comprehensive Landscape Program within the US 19 District further supports Objective A.6.2 by continuing to support development while ensuring high quality landscape designs and solutions. The proposed addition of flexibility to further reduce required parking and the reduced threshold for parcel size for special project types with employment-intensive land uses further the District’s goals of creating “more employment-intensive, transit- and pedestrian-supportive development, establish mixed-use destinations and providing safe and attractive settings for working, living and shopping.” Overall, the goals, objectives and policies of the Comprehensive Plan will be furthered by Ordinance 9387-20. 2. The proposed amendment furthers the purposes of the Community Development Code and other City ordinances and actions designed to implement the Plan. The proposed text amendment will further the purposes of the CDC in that it will be consistent with the following purposes set forth in CDC Section 1-103: Sec. 1-103.A. It is the purpose of this Development Code to implement the Comprehensive Plan of the city; to promote the health, safety, general welfare and quality of life in the city; to guide the orderly growth and development of the city; to establish rules of procedure for land development approvals; to enhance the character of the city and the preservation of neighborhoods; and to enhance the quality of life of all residents and property owners of the city. Sec. 1-103.B.1. Allowing property owners to enhance the value of their property through innovative and creative redevelopment. Planning & Development Department Community Development Code Text Amendment Long Range Planning Division Revised for City Council First Reading – July 16, 2020 Community Development Board – June 16, 2020 TA2020-03003 – Page 7 Sec. 1-103.E.2. Protect the character and the social and economic stability of all parts of the city through the establishment of reasonable standards which encourage the orderly and beneficial development of land within the city. The amendments proposed by this ordinance will further the above referenced purposes of the Community Development Code by implementing the aforementioned goals, objectives and policies of the Comprehensive Plan; by providing additional flexibility and clarity for property owners wanting to enhance their values through redevelopment; and by clarifying and establishing reasonable standards which encourage orderly development. As such, proposed Ordinance 9387-20 furthers the purposes in the CDC. SUMMARY AND RECOMMENDATION: The proposed amendment to the Community Development Code is consistent with and will further the goals of the Clearwater Comprehensive Plan and the purposes of the Community Development Code. Based upon the above, the Planning and Development Department recommends APPROVAL of Ordinance No. 9387-20 that amends the Community Development Code. Prepared by Planning and Development Department Staff: ___________________________ Lauren Matzke, AICP Planning and Development Assistant Director ATTACHMENTS: Ordinance No. 9387-20 Resume MOTION TO AMEND ORDINANCE NO. 9387-20 ON FIRST READING On page 3 of the ordinance, Section 3-1401.0 is amended to read as follows: C.Parking demand study. 1. If flexibility of the parking standards is requested that is greater than 50 percent of the top end of the range (excluding those standards where the difference between the top and bottom of the range is one parking space), then a parking demand study will need to be provided. Prior to the preparation of such study, the methodology shall be approved by the Ceommunity Ddevelopment Csoordinator and City Engineer, and in accordance with accepted traffic engineering principles The findings of the study will be used in determining whether or not flexibilityde*4#9i to the parking standards are approved. On page 14 and 15 of the ordinance, Section B-703 is amended to read as follows: SECTION B-703. FLEXIBILITY PROVISIONS Flexibility may be approved subject to the standards below. A) Subdistrict Standards — Parking Flexibility to further reduce the minimum number of parking spaces to less than what may be approved through Table 3. Parking Reduction Factors in Section B-303.0 may be requested with the provision of a parking demand study. Prior to the preparation of such study, the methodology shall be approved by the Community Development Coordinator and City Engineer, and in accordance with accepted traffic engineering rini 1 The findings of the study will be used in determining whether or not additional flexibility to the required parking may be approved. CB) Street Frontage Standards - Building Spacing The maximum spacing between individual buildings along Street Frontage Types A, B, and C may be increased or waived for projects with that meet the requirements of B- 703.C.1, B-703.C.2, and B-703.C. . EO) Street Frontage Standards - Front Building Facades & Entries 1. For buildings along Street Frontage Types A, B, and C, the extent of transparent glazing along a building's ground floor front facade may be reduced to 25 percent if the building's ground floor side facade is designed to meet standards applicable to the front facade, including requirements for pedestrian and landscape improvements. 2. For buildings at corner locations, the extent of transparent glazing along the front facade with the lowest level of existing or planned pedestrian activity may be reduced to 25 1 percent. These flexibility provisions are illustrated in Figure 16. Frontage Design Flexibility. 12. As iIlUIStFated OR FiguFe 16 Fr^Rtage DeSigR Flexib it Flexibility in the application of entry location standards in Appendix 5G, Division 4 and in Section B-604.A may be approved consistent with one hof the following. Pamela K. Akin City Attorney July 16, 2020 2 ORDINANCE NO. 9387-20 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE BY AMENDING SECTION 3-1202.G TO ALLOW THE COMPREHENSIVE LANDSCAPING PROGRAM TO BE UTILIZED IN THE US 19 DISTRICT; AMENDING SECTION 3-1401.0 TO REQUIRE CITY ENGINEER APPROVAL FOR METHDOLOGY OF PARKING DEMAND STUDY; AMENDING SECTION 3- 2103 TO PERMIT CERTAIN TEMPORARY USES WITHIN THE US 19 DISTRICT WHERE PREVIOUSLY NONE WERE PERMITTED, AND TO ALLOW ALL DETACHED DWELLINGS AND DUPLEXES TO HAVE GARAGE, YARD OR ESTATE SALES; AMENDING APPENDIX B, SECTION B-103 TO PROVIDE ADDITIONAL DESCRIPTIONS OF DEVELOPMENT STANDARDS WITHIN THE APPENDIX; RENAMING AND AMENDING APPENDIX B, SECTION B-104 TO CLARIFY EXEMPTIONS FOR IMPROVEMENT, REMODEL OR RECONSTRUCTION PROJECTS AND INTERNAL BUILDING AND ADDITIONS WITHIN THE US 19 DISTRICT AND TO INCORPORATE ADDITIONAL DESCRIPTIONS SECTION REFERENCES; AMENDING APPENDIX B, FIGURE 1. REGULATING PLAN TO DEPICT KEY CORNERS ON THE MAP AND TO CHANGE THE STREET FRONTAGE TYPE FOR PROPERTIES LOCATED ON THE EAST AND WEST SIDE OF RIGHT-OF-WAY LOCATED GENERALLY ON THE SOUTH SIDE OF DREW STREET, APPROXIMATELY 140 FEET WEST OF US 19 FROM TYPE B TO TYPE D; AMENDING APPENDIX B, DIVISION 7. TO ADD NEW FLEXIBILITY FOR PARKING, PERMIT REDUCED SETBACKS UNDER CERTAIN CIRCUMSTANCES, MODIFY FLEXIBILITY FOR SPECIAL PROJECT TYPES, REORGANIZE CERTAIN LANGUAGE, AND PROVIDE ADDITIONAL DESCRIPTIONS FOR CLARITY; CERTIFYING CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater adopted the Community Development Code on January 21, 1999 which took effect on March 8, 1999; and WHEREAS, on February 2, 2017 the City of Clearwater established a new US 19 District and adopted the US 19 Zoning District and Development Standards as Appendix B of the Community Development Code; and WHEREAS, this new zoning code for the US Highway 19 corridor ensures redevelopment along the corridor contributes to the creation of a more compact, accessible and attractive pedestrian- and transit-friendly destinations, which is critical to maintaining and improving the city's economy and quality of life; and Ordinance No. 9387-20 WHEREAS, since 2017 the City has reviewed and issued development orders and permits for a variety of development projects in the US 19 District including changes of use, rehabilitation of existing structures, and new construction for various uses and project sizes; and WHEREAS, through the development review and building permit review process, the new US 19 District standards have been applied to projects and the City has determined that revisions to the Code would provide clarity and support redevelopment opportunities; and WHEREAS, at a duly noticed public meeting the Clearwater Community Development Board, pursuant to its responsibilities as the Local Planning Agency, has reviewed this amendment, conducted a public hearing, considered all public testimony and has determined that this amendment is consistent with the City of Clearwater's Comprehensive Plan and recommended that the City Council adopt this amendment; and WHEREAS, the City Council has fully considered the recommendation of the Community Development Board and testimony and evidence submitted at its public hearing; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That Article 3, Development Standards, Section 3-1202.G, Comprehensive landscaping program, Community Development Code, be amended to read as follows: Section 3-1202. - General landscaping standards. G. Comprehensive landscaping program. n'tThe landscaping requirements of this division may be waived or modified as a part of a Level One or Level Two approval, as the case may be, if the application for development approval includes a comprehensive landscape program which satisfies each of the following criteria: 1. Architectural theme. a. The landscaping in a comprehensive landscape program shall be designed as a part of the architectural theme of the principal buildings proposed or developed on the parcel proposed for development; or b. The design, character, location and/or materials of the landscape treatment proposed in the comprehensive landscape program shall be demonstrably more attractive than landscaping otherwise permitted on the parcel proposed for development under the minimum landscape standards. 2. Lighting. Any lighting proposed as a part of a comprehensive landscape program is automatically controlled so that the lighting is turned off when the business is closed. 3. Community character. The landscape treatment proposed in the comprehensive landscape program will enhance the community character of the City of Clearwater. 2 Ordinance No. 9387-20 4. Property values. The landscape treatment proposed in the comprehensive landscape program will have a beneficial impact on the value of property in the immediate vicinity of the parcel proposed for development. 5. Special area or scenic corridor plan. The landscape treatment proposed in the comprehensive landscape program is consistent with any special area or scenic corridor plan which the City of Clearwater has prepared and adopted for the area in which the parcel proposed for development is located. 6. Properties within the US 19 District. The landscape treatment proposed in the comprehensive landscape program for properties in the US 19 District shall not result in the reduction of the pedestrian and landscape improvements required in Appendix B, Division 4. Street Frontage Standards, except as provided for in Appendix B, Division 7. Flexibility. Section 2. That Article 3, Development Standards, Section 3-1401.C, Parking demand study, Community Development Code, be amended to read as follows: C. Parking demand study. 1. If flexibility of the parking standards is requested that is greater than 50 percent of the top end of the range (excluding those standards where the difference between the top and bottom of the range is one parking space), then a parking demand study will need to be provided. Prior to the preparation of such study, the methodology shall be approved by the Ceommunity Ddevelopment Ceoordinator and City Engineer, and in accordance with accepted traffic engineering Princi:)Iesp4Rdpa6. The findings of the study will be used in determining whether or not flexibilitydeynatmens to the parking standards are approved. Section 3. That Article 3, Development Standards, Section 3-2103, Temporary uses, Community Development Code, be amended to read as follows: Section 3-2103. -Allowable temporary uses. Unless otherwise noted, the following temporary uses are permitted subject to obtaining a Level One approval in accordance with the provisions of Article 4, Division 3 as well as the specific criteria pertaining to each temporary use: A. Block orand neighborhood parties. 1. Allowable within all residential zoning districts and within the US 19 District; and 2. Maximum of two days, per calendar year. 3. May be subject to review by the special events committee. B. Circuses or carnivals. 1. Allowable within the C, US 19, IRT and I Districts; and 2. Maximum of 14 days per property, per calendar year. 3 Ordinance No. 9387-20 D. Evangelical and religious revivals or assemblies. 1. Allowable within the C, D, T, US 19, 1 and IRT Districts; and 2. Maximum of seven days per property, per calendar year. E. Garage, yard or estate sales. 1. Allowable within all residential zoning districts and for all detached dwellings and duplexes; 2. Allowable twice per property, per calendar year, but for no longer than three days per occurrence; 3. Individual occurrences may not be consecutive; and 4. Provided all of the applicable standards of this division are met, a permit is not required for this temporary use. F. Outdoor automobile, boat orand recreational vehicle shows. 1. Allowable only on properties located in the C and US 19 Districts that+sare at least 75 contiguous acres in size; 2. Allowable four times per property, per calendar year, but for no longer than seven days per occurrence, inclusive of set-up and take down time for all related facilities. Individual occurrences may not be consecutive; and 3. The sale of products displayed at the show is permitted, without regard to the primary use of the property. K. Temporary buildings during construction. 1. Allowable within the C, T, D, O, US 19, 1 and IRT Districts; 2. Allowable only for the duration of an active building construction permit. All temporary buildings must be removed prior to the issuance of a Certificate of Completion or Certificate of Occupancy, as applicable, for the permanent building; 3. All temporary buildings must meet the setbacks applicable to the permanent building; 4. An adequate area for parking must be provided on-site that would accommodate the parking needs of the temporary building; and 5. The temporary use permit may be revoked if it should be determined that construction on the permanent building has ceased. P. Temporary retail sales and displays. 1. Allowable within the C, T and D, and US 19 Districts; 2. Allowable four times per property, per calendar year, but for no longer than seven days per occurrence; and 3. Individual occurrences may not be consecutive, and must be separated by at least one day. Section 4. That Appendix B, US 19 Zoning District and Development Standards, Section B-103, Organization of Standards, Community Development Code, be amended to read as follows: SECTION B-103. ORGANIZATION OF STANDARDS These Deye! ffneRt Standards a c a;Tzed OR fide 68G#,regulating development in the US 19 District are organized as follows...: 4 Ordinance No. 9387-20 A) Regulating Plan The regulating plan consists of maps indicating subdistrict limits and street frontage type assignments. Subdistrict standards regulate development intensity, building heights, uses, and parking requirements. The regulating_plan also identifies the location of key corners which are subject to special requirements. B) StFeet F=FGRt Development Standards Standards regulating development in the US 19 District are included in Divisions 3, 4, 5, and 6 and are summarized below: 1. The Subdistrict Standards in Division 3 regulate development potential, building heights, permitted uses, and parking requirements and reduction factors. 2. The Street Ffrontage Sstandards in Division 4 regulate building location and facade treatments, landscaping, pedestrian improvements, and parking treatments along street frontages. 3. The Site Ddesign Sstandards in Division 5 regulate the configuration of improvements on sites, project phasing, pedestrian and vehicular circulation, parking and service areas, landscaping, and other features. n BUildiRg nocigR 4. The Building 24esign Sstandards in Division 6 regulate the treatment of front building facades, building entries, and other features related to the architectural design of buildings. C€) Flexibility Provisions Division 7The flexibility seetien provides processes and standards for the approval of flexibility in the application of the US 19 Zoning District & Developmentde&4n standards. Section 5. That Appendix B, US 19 Zoning District and Development Standards, Section B-104, Applicability of Design Standards, Community Development Code, be renamed and amended to read as follows: SECTION B-104. APPLICABILITY OF DEVELOPMENT N STANDARDS A) General The Development Standards in Appendix B, Divisions 3, 4, 5, and 61 S 19 nic+rin+ stree f en o site design and builydinn design stanr lnFds ("Design Stan'dnrrlc ltag, are intended to ensure that new developmentgs and significant renovations and additions to existing developments are designed in accordance with the vision described in the US 19 Corridor Redevelopment Plan, while allowing for incremental improvements to existing buildings and sites. Provisions addressing flexibility in the application of these Development DesfgR Standards are included in Appendix B, Division 7. B) Conformity of Existing Structures Existing structures within the US 19 District, including buildings and parking, shall not be considered nonconforming under the standards for nonconforming structures in Section 6-102. C) Exemptions 5 Ordinance No. 9387-20 The following types of development are exempt from all or a portion of the Development Design Standards as follows. 1. Structures Damaged by Force Majeure. Notwithstanding anything to the contrary contained or implied herein, if a lawfully constructed structure is damaged or destroyed by fire, casualty or act of God, the owner of record on the date of the event may repair or rebuild said structure on the same building site and with the same building footprint by right. To qualify, the structure must have been legally permitted to have been built under this or other Codes, or have legally existed as a non-conforming structure prior to the causative event. The structure shall not be added to or altered in any way, except to remedy the effects of such damage or destruction, unless such additions or alterations cause the structure to conform more closely with the provisions of this Gedethese Development Standards. Permits for repair or replacement of such structures must be obtained within one year of the causative event. 2. Restricted Access Sites. ParcelDeve'^^m^^+c for which public access is prohibited due to health, safety, public security, and welfare reasons are exempt from thesethe DevelopmentDes+gn Standards in Appendix B, Divisions 4, 5 and 6. 3. Detached Dwellings. Detached dwellings lawfully existing on the date of the original adoption of these Development Standards may continue to be repaired, remodeled and expanded consistent with the ^F^VOSOORS set f"Ft" standards for detached dwellings in the Low Medium Density Residential District (LMDR)in Article 2, Division 2, provided that any enlargement or alteration to the structure does not create any additional dwelling units. New accessory structures may be constructed consistent with the setbacks for accessory structures in the LMDR District and standards in Article 3, Division 2SeGt+en 3 201. No lot of record upon which a detached dwelling existed on the date of adoption of these Development Standards may be expanded or reduced in size while occupied with a detached dwelling. 4. Mobile Homes and Mobile Home Parks. Mobile homes and mobile home parks lawfully existing on the date of adoption of these Development Standards may continue to be repaired, remodeled and/or replaced consistent with the t feFth standards for mobile homes in Article 2, Division 6, or those standards in place at the time of mobile home park approval, provided that any modifications do not create any additional dwelling units. New accessory structures may be constructed consistent with the setbacks for accessory structures in Article 2, Division 6 and the standards for accessory structures in Article 3, Division 29^^+i^n 3.204. No lot of record upon which a mobile home or mobile home park existed on the date of adoption of these Development Standards may be expanded or reduced in size. 5. Change of Use. Projects involving only a change in use are exempt from the DevelopmentDes+gn Standards in ARpendix B, Divisions 4, 5 and 6. 6. Improvement, Remodel, or Reconstruction. Building improvement and remodel projects, including reconstruction of buildings in the general location or footprint of buildings being replaced, with up to 5 percent additional gross floor area, shall be exempt from the DevelopmentDes+gn Standards as follows. a. Building improvement, remodel, or reconstruction projects valued at less than 25 percent of the total assessed building value as reflected in the Property Appraiser's 6 Ordinance No. 9387-20 current records at the time of application are exempt from the Developments Standards in Appendix B, Divisions 4, 5 and 6, except that the location of any new floor area, including accessory structures, shall be compliant with the setback requirements in Division 4 of these standards to the greatest extent practicable as determined by the Community Development Coordinator. b. Building improvement, remodel, or reconstruction projects valued at 25 percent or more of the total assessed building value as reflected in the Property Appraiser's current records at the time of application, are exempt from all but S^;athe Pedestrian walkway standards in B-503.C, the surface parking and service area standards in B-504.A.1, the bicycle parking standards in B-504.C, and the landscape requirements in B-505.A of these Design&standards, which. The PFGVici„nc „f Qcctier,c B 503.G, R_504.A.1, F-504.G, aR B 505.A „f the Design StaRd shall be brought into compliance to the greatest extent practicable as determined by the Community Development Coordinator nnplruz^ the of the Site Within r000E)nohle preximity to the impreyede remedelede er reGeRStF Gted area of the b uildir,iv Additionally, the location of any new floor area, including accessory structures, shall be compliant with the setback requirements in Division 4 of these standards to the greatest extent practicable as determined by the Community Development Coordinator. Landscape requirements in B.504.A.1 and B.505.A may be modified as part of a comprehensive landscape program pursuant to the criteria set forth in Section 3-1204.G. 7. Internal Buildings and Additions. New buildings or additions to existing buildings located 200 feet minimum from the front property line shall be exempt from the street frontage standards in Division 4, except for side and rear setbacks, and the development pattern standards in Sections B-502, the access and driveway consolidation standards in Section B-503.A, reconstruction of sidewalks and landscaping in Section B-503.13, and building entry location standards in Section B-604.A. The location of any new floor area as part of an addition shall be compliant with the setback requirements in Division 4 of these standards to the greatest extent practicable as determined by the Community Development Coordinator. Additionally, tThe location of new buildings or additions to existing buildings shall allow for future development compliant with all setback requirements. 8. Parking and Landscaping. The following Community Development Code sections shall not apply: 3-1202.A.2, 2-1'x.3, and 3-1401.8.2 and 4-1401.R— Section 6. That Appendix B, US 19 Zoning District and Development Standards, Division 2, Regulating Plan, Community Development Code, be amended to add Key Corners to Figure 1. Regulating Plan, consistent with the Key Corners identified in Division 3. Subdistrict Standards, and to amend the Street Frontage Type for properties on the east and west side of right-of-way located generally on the south side of Drew Street, approximately 140 feet west of US 19, from Street Frontage Type B to D as follows: Remove existing Figure 1. Comprised of 6 maps and replace with the following 6 maps) 7 Ordinance No. 9387-20 8 Ordinance No. 9387-20 9 Ordinance No. 9387-20 10 Ordinance No. 9387-20 11 Ordinance No. 9387-20 12 Ordinance No. 9387-20 13 Ordinance No. 9387-20 Section 7. That Appendix B, US 19 Zoning District and Development Standards, Division 7, Flexibility, Community Development Code, be amended to read as follows: SECTION B-701. GENERAL Flexibility in the application of Development Design Standards may be approved by the Community Development Coordinator or Community Development Board as provided below. Where flexibility is allowed, the level of flexibility permitted shall be the minimum extent required to address flexibility standards and requirements. SECTION B-702. PROCESS Authority to grant flexibility shall follow the approval levels indicated by use in Table 2. Use & Parking and shall be administered consistent with the provisions of Article 4, Development Review and Other Standards. The Community Development Coordinator shall have authority to grant flexibility for Level One approvals and the Community Development Board shall have authority to grant flexibility for Level Two approvals. Where flexibility is being requested for a Level One Minimum Standard Development use, the request shall be processed as a Level One Flexible Standard Development. SECTION B-703. FLEXIBILITY PROVISIONS Flexibility may be approved subject to the standards below. A) Subdistrict Standards — Parking Flexibility to further reduce the minimum number of parking spaces to less than what may be approved through Table 3. Parking Reduction Factors in Section B-303.0 may be requested with the provision of a parking demand study. Prior to the preparation of such study, the methodology shall be approved by the Community Development Coordinator and City Engineer, and in accordance with accepted traffic engineering principles. The findings of the study will be used in determining whether or not additional flexibility to the required parking may be approved. BA) Street Frontage Standards - Building Setbacks 1. Front building setbacks less than the minimums or greater than the maximums allowed in Appendix B, Division 4 may be approved for projects with site constraints such as shape irregularities and/or the presence of natural features, existing utilities, utility easements, or access easements making meeting setback requirements impractical or infeasible. Where front building setbacks are reduced, required pedestrian areas along front building facades may be reduced by no more than 20 percent, and the landscape area may be modified as part of a comprehensive landscape program pursuant to the criteria set forth in Section 3-1204.G. 2. Existing developments with front building setbacks greater than the maximums allowed in Appendix B, Division 4 may be expanded in a manner that does not comply with front setback requirements provided the addition does not substantially change the general configuration of the site and meets the requirements of Section B-104.C.6. C-B) Street Frontage Standards - Building Spacing 14 Ordinance No. 9387-20 The maximum spacing between individual buildings along Street Frontage Types A, B, and C may be increased or waived for projects with that meet the requirements of B- 703.C.1, B-703.C.2, and B-703.C.3. 1. The project must have one or more of the following characteristics_.. a. The proposed site configuration is designed to incorporate natural features such as a stand of mature trees, body of water, wetland or other similar feature. b. Placement of existing buildings and/or site access and circulation constraints make it infeasible to meet the standard. c. The placement of publicly-accessible outdoor plaza spaces to the side of the building results in increased building spacing to accommodate the plaza. 2. A plan for phased development shall be submitted that indicates how planned and future buildings will be placed consistent with the goals and policies of the Comprehensive Plan; the planning and design recommendations of the US 19 Corridor Redevelopment Plan; and the general purpose, intent and basic planning objectives of these Development Standards. 3. Where flexibility in the standard is allowed, enhanced landscaping and the use of low walls along street frontages to screen parking and define the edge of pedestrian ways shall be required. DG) Street Frontage Standards - Parking & Vehicular Circulation ES) Street Frontage Standards - Front Building Facades & Entries 1. For buildings along Street Frontage Types A, B, and C, the extent of transparent glazing along a building's ground floor front facade may be reduced to 25 percent if the building's ground floor side facade is designed to meet standards applicable to the front facade, including requirements for pedestrian and landscape improvements. 2. For buildings at corner locations, the extent of transparent glazing along the front facade with the lowest level of existing or planned pedestrian activity may be reduced to 25 percent. These flexibility provisions are illustrated in Figure 16. Frontage Design Flexibility. 3 z. As 011UatFacedOR FigwFe 16 F=FeRtage DeSigR F=Ie ib#4 Flexibility in the application of entry location standards in Appendix B, Division 4 and in Section B-604.A may be approved consistent with one al-of the following. a. Building entries along a side facade may be approved in lieu of entries on the front facade if the entries are clearly visible from and within 40 feet of the street frontage and both facades are designed to meet standards applicable to front facades, including requirements for pedestrian and landscape improvements. b. For buildings at corner locations, building entries along one front facade may be approved in lieu of entries on both front facades if the entries are clearly visible from and within 40 feet of the street frontage and both facades are designed to meet 15 Ordinance No. 9387-20 standards applicable to front facades, including requirements for pedestrian and landscape improvements. F€) Site Design Standards - Development Pattern Flexibility in the application of requirements found in Section B-502.A and Section B-502.13 for new streets and drives and development blocks may be approved for projects on sites where the applicant demonstrates that site size, dimension, shape, or presence of constraints such as natural areas, utilities or utility easements, or other existing features make meeting these requirements infeasible. O€) Site Design Standards - Cross Parcel Connections 1j6) Site Design Standards - Pedestrian Walkways through Parking Lots ISI) Site Design Standards - Fences &Walls Along Street Frontages 11) Site Design Standards - Stormwater Facility Location 1S-J) Building Design Standards - Facade Design &Articulation SECTION B-704. FLEXIBILITY PROVISIONS FOR SPECIAL PROJECT TYPES A) Special Project Types 1. Flexibility in meeting the frontage, site, and building standards in Divisions 4, 5, and 6 for large-scale mixed use projects and projects with employment-intensive land uses may be approved by the Community Development Board. Projects meeting the following criteria are defined as special project types for the purpose of this section. a. Projects on sites greater than 20 acres with a mix of land uses including at least two of the following uses: retail, including restaurants, retail plazas, and retail sales and services; multi-family residential; overnight accommodations; or office. b. Projects on sites greater than 10 acres with a proposed FAR greater than 1.25 and a mix of land uses including at least two of the following uses: retail, including restaurants, retail plazas, and retail sales and services; multi-family residential; overnight accommodations; or office. c. Projects on sites greater than 540 acres with employment-intensive land uses meeting the criteria for such uses as defined in the Economic Development Strategic Plan and providing opportunity for significant economic contribution to the City by diversifying the local economy; by creating jobs with average wages exceeding the annual average wage of Pinellas County; and which attract, retain, and expand primary industries. 16 Ordinance No. 9387-20 Section 8. Amendments to the Community Development Code of the City of Clearwater (as originally adopted by Ordinance No. 6348-99 and subsequently amended) are hereby adopted to read as set forth in this Ordinance. Section 9. The City of Clearwater does hereby certify that the amendments contained herein, as well as the provisions of this Ordinance, are consistent with and in conformance with the City's Comprehensive Plan. Section 10. Should any part or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a whole, or any part thereof other than the part declared to be invalid. Section 11. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. Section 12. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING AS AMENDED PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Michael Fuino Rosemarie Call Assistant City Attorney City Clerk 17 Ordinance No. 9387-20 ORDINANCE NO. 9387-20 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE BY AMENDING SECTION 3-1202.G TO ALLOW THE COMPREHENSIVE LANDSCAPING PROGRAM TO BE UTILIZED IN THE US 19 DISTRICT; AMENDING SECTION 3- 1401.0 TO REQUIRE CITY ENGINEER APPROVAL FOR METHDOLOGY OF PARKING DEMAND STUDY; AMENDING SECTION 3- 2103 TO PERMIT CERTAIN TEMPORARY USES WITHIN THE US 19 DISTRICT WHERE PREVIOUSLY NONE WERE PERMITTED, AND TO ALLOW ALL DETACHED DWELLINGS AND DUPLEXES TO HAVE GARAGE, YARD OR ESTATE SALES; AMENDING APPENDIX B, SECTION B-103 TO PROVIDE ADDITIONAL DESCRIPTIONS OF DEVELOPMENT STANDARDS WITHIN THE APPENDIX; RENAMING AND AMENDING APPENDIX B, SECTION B-104 TO CLARIFY EXEMPTIONS FOR IMPROVEMENT, REMODEL OR RECONSTRUCTION PROJECTS AND INTERNAL BUILDING AND ADDITIONS WITHIN THE US 19 DISTRICT AND TO INCORPORATE ADDITIONAL DESCRIPTIONS SECTION REFERENCES; AMENDING APPENDIX B, FIGURE 1. REGULATING PLAN TO DEPICT KEY CORNERS ON THE MAP AND TO CHANGE THE STREET FRONTAGE TYPE FOR PROPERTIES LOCATED ON THE EAST AND WEST SIDE OF RIGHT-OF-WAY LOCATED GENERALLY ON THE SOUTH SIDE OF DREW STREET, APPROXIMATELY 140 FEET WEST OF US 19 FROM TYPE B TO TYPE D; AMENDING APPENDIX B, DIVISION 7. TO ADD NEW FLEXIBILITY FOR PARKING, PERMIT REDUCED SETBACKS UNDER CERTAIN CIRCUMSTANCES, MODIFY FLEXIBILITY FOR SPECIAL PROJECT TYPES, REORGANIZE CERTAIN LANGUAGE, AND PROVIDE ADDITIONAL DESCRIPTIONS FOR CLARITY; CERTIFYING CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater adopted the Community Development Code on January 21, 1999 which took effect on March 8, 1999; and WHEREAS, on February 2, 2017 the City of Clearwater established a new US 19 District and adopted the US 19 Zoning District and Development Standards as Appendix B of the Community Development Code; and WHEREAS, this new zoning code for the US Highway 19 corridor ensures redevelopment along the corridor contributes to the creation of a more compact, accessible and attractive pedestrian- and transit-friendly destinations, which is critical to maintaining and improving the city's economy and quality of life; and Ordinance No. 9387-20 WHEREAS, since 2017 the City has reviewed and issued development orders and permits for a variety of development projects in the US 19 District including changes of use, rehabilitation of existing structures, and new construction for various uses and project sizes; and WHEREAS, through the development review and building permit review process, the new US 19 District standards have been applied to projects and the City has determined that revisions to the Code would provide clarity and support redevelopment opportunities; and WHEREAS, at a duly noticed public meeting the Clearwater Community Development Board, pursuant to its responsibilities as the Local Planning Agency, has reviewed this amendment, conducted a public hearing, considered all public testimony and has determined that this amendment is consistent with the City of Clearwater's Comprehensive Plan and recommended that the City Council adopt this amendment; and WHEREAS, the City Council has fully considered the recommendation of the Community Development Board and testimony and evidence submitted at its public hearing; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That Article 3, Development Standards, Section 3-1202.G, Comprehensive landscaping program, Community Development Code, be amended to read as follows: Section 3-1202. - General landscaping standards. G. Comprehensive landscaping program. EXGep+fGF PFOPePtieS i.,G-+od ,V„+h,,, the US 19 n'Jhe landscaping requirements of this division may be waived or modified as a part of a Level One or Level Two approval, as the case may be, if the application for development approval includes a comprehensive landscape program which satisfies each of the following criteria: 1. Architectural theme. a. The landscaping in a comprehensive landscape program shall be designed as a part of the architectural theme of the principal buildings proposed or developed on the parcel proposed for development; or b. The design, character, location and/or materials of the landscape treatment proposed in the comprehensive landscape program shall be demonstrably more attractive than landscaping otherwise permitted on the parcel proposed for development under the minimum landscape standards. 2. Lighting. Any lighting proposed as a part of a comprehensive landscape program is automatically controlled so that the lighting is turned off when the business is closed. 3. Community character. The landscape treatment proposed in the comprehensive landscape program will enhance the community character of the City of Clearwater. 2 Ordinance No. 9387-20 4. Property values. The landscape treatment proposed in the comprehensive landscape program will have a beneficial impact on the value of property in the immediate vicinity of the parcel proposed for development. 5. Special area or scenic corridor plan. The landscape treatment proposed in the comprehensive landscape program is consistent with any special area or scenic corridor plan which the City of Clearwater has prepared and adopted for the area in which the parcel proposed for development is located. 6. Properties within the US 19 District. The landscape treatment proposed in the comprehensive landscape program for properties in the US 19 District shall not result in the reduction of the pedestrian and landscape improvements required in Appendix B, Division 4. Street Frontage Standards, except as provided for in Appendix B, Division 7. Flexibility. Section 2. That Article 3, Development Standards, Section 3-1401.C, Parking demand study, Community Development Code, be amended to read as follows: C. Parking demand study. 1. If flexibility of the parking standards is requested that is greater than 50 percent of the top end of the range (excluding those standards where the difference between the top and bottom of the range is one parking space), then a parking demand study will need to be provided. Prior to the preparation of such study, the methodology shall be approved by the Csommunity Ddevelopment Csoordinator and City Engineer, and in accordance with accepted traffic engineering principles +pa . The findings of the study will be used in determining whether or not flexibilitydeviatinps to the parking standards are approved. Section 3. That Article 3, Development Standards, Section 3-2103, Temporary uses, Community Development Code, be amended to read as follows: Section 3-2103. - Allowable temporary uses. Unless otherwise noted, the following temporary uses are permitted subject to obtaining a Level One approval in accordance with the provisions of Article 4, Division 3 as well as the specific criteria pertaining to each temporary use: A. Block orand neighborhood parties. 1. Allowable within all residential zoning districts and within the US 19 District; and 2. Maximum of two days, per calendar year. 3. May be subject to review by the special events committee. B. Circuses or carnivals. 1. Allowable within the C, US 19, IRT and I Districts; and 2. Maximum of 14 days per property, per calendar year. 3 Ordinance No. 9387-20 D. Evangelical and religious revivals or assemblies. 1. Allowable within the C, D, T, US 19, 1 and IRT Districts; and 2. Maximum of seven days per property, per calendar year. E. Garage, yard or estate sales. 1. Allowable within all residential zoning districts and for all detached dwellings and duplexes; 2. Allowable twice per property, per calendar year, but for no longer than three days per occurrence; 3. Individual occurrences may not be consecutive; and 4. Provided all of the applicable standards of this division are met, a permit is not required for this temporary use. F. Outdoor automobile, boat orapd recreational vehicle shows. 1. Allowable only on properties located in the C and US 19 Districts that+sare at least 75 contiguous acres in size; 2. Allowable four times per property, per calendar year, but for no longer than seven days per occurrence, inclusive of set-up and take down time for all related facilities. Individual occurrences may not be consecutive; and 3. The sale of products displayed at the show is permitted, without regard to the primary use of the property. K. Temporary buildings during construction. 1. Allowable within the C, T, D, O, US 19, 1 and IRT Districts; 2. Allowable only for the duration of an active building construction permit. All temporary buildings must be removed prior to the issuance of a Certificate of Completion or Certificate of Occupancy, as applicable, for the permanent building; 3. All temporary buildings must meet the setbacks applicable to the permanent building; 4. An adequate area for parking must be provided on-site that would accommodate the parking needs of the temporary building; and 5. The temporary use permit may be revoked if it should be determined that construction on the permanent building has ceased. P. Temporary retail sales and displays. 1. Allowable within the C, T and D, and US 19 Districts; 2. Allowable four times per property, per calendar year, but for no longer than seven days per occurrence; and 3. Individual occurrences may not be consecutive, and must be separated by at least one day. Section 4. That Appendix B, US 19 Zoning District and Development Standards, Section B-103, Organization of Standards, Community Development Code, be amended to read as follows: SECTION B-103. ORGANIZATION OF STANDARDS ThogSo no.,oi^^RgeRt Standards s^^+^^ regulating development in the US 19 District are organized as follows-: 4 Ordinance No. 9387-20 A) Regulating Plan The regulating plan consists of maps indicating subdistrict limits and street frontage type assignments. Subdistrict standards regulate development intensity, building heights, uses, and parking requirements. The regulating plan also identifies the location of key corners which are subject to special requirements. B) Street FreiptaQ9 Development Standards Standards regulating development in the US 19 District are included in Divisions 3, 4, 5, and 6 and are summarized below: 1. The Subdistrict Standards in Division 3 regulate development potential, building heights, permitted uses, and parking requirements and reduction factors. 2. The Street Ffrontage Sstandards in Division 4 regulate building location and facade treatments, landscaping, pedestrian improvements, and parking treatments along street frontages. ci Clry Yl 3. The Site Ddesign Sstandards in Division 5 regulate the configuration of improvements on sites, project phasing, pedestrian and vehicular circulation, parking and service areas, landscaping, and other features. rll B 1ildiRg DeGigR 4. The Building Ddesign Sstandards in Division 6 regulate the treatment of front building facades, building entries, and other features related to the architectural design of buildings. CE) Flexibility Provisions Division 7T-he fleXihility GeGtOGR provides processes and standards for the approval of flexibility in the application of the US 19 Zoning District & Developmentclesigq standards. Section 5. That Appendix B, US 19 Zoning District and Development Standards, Section B-104, Applicability of Design Standards, Community Development Code, be renamed and amended to read as follows: SECTION B-104. APPLICABILITY OF DEVELOPMEWDESIGN STANDARDS A) General The Development Standards in Appendix B, Divisions 3, 4, 5, and 6' Ic 1 A Dic+ri,.+ c+roo+ G)Rtage, Site deGigR, and 19 1ildiRg de6igR stag laid— (" Desi r, C+rirl rrlc"1 are intended tovr'tiugc ensure that new developmentgs and significant renovations and additions to existing developments are designed in accordance with the vision described in the US 19 Corridor Redevelopment Plan, while allowing for incremental improvements to existing buildings and sites. Provisions addressing flexibility in the application of these Development DeGigR Standards are included in Appendix B, Division 7. B) Conformity of Existing Structures Existing structures within the US 19 District, including buildings and parking, shall not be considered nonconforming under the standards for nonconforming structures in Section 6-102. C) Exemptions 5 Ordinance No. 9387-20 The following types of development are exempt from all or a portion of the Development Design Standards as follows. 1. Structures Damaged by Force Majeure. Notwithstanding anything to the contrary contained or implied herein, if a lawfully constructed structure is damaged or destroyed by fire, casualty or act of God, the owner of record on the date of the event may repair or rebuild said structure on the same building site and with the same building footprint by right. To qualify, the structure must have been legally permitted to have been built under this or other Codes, or have legally existed as a non-conforming structure prior to the causative event. The structure shall not be added to or altered in any way, except to remedy the effects of such damage or destruction, unless such additions or alterations cause the structure to conform more closely with the provisions of this Development Standards. Permits for repair or replacement of such structures must be obtained within one year of the causative event. 2. Restricted Access Sites. ParcelsDevel^^me for which public access is prohibited due to health, safety, public security, and welfare reasons are exempt from these-the Developmentges+gr4 Standards in Appendix B, Divisions 4, 5 and 6. 3. Detached Dwellings. Detached dwellings lawfully existing on the date of the original adoption of these Development Standards may continue to be repaired, remodeled and expanded consistent with the ^r^";;^^ at fr)rth standards for detached dwellings in the Low Medium Density Residential District (LMDR) in Article 2, Division 2, provided that any enlargement or alteration to the structure does not create any additional dwelling units. New accessory structures may be constructed consistent with the setbacks for accessory structures in the LM DR District and standards in Article 3, Division 29ecticm 2-P01. No lot of record upon which a detached dwelling existed on the date of adoption of these Development Standards may be expanded or reduced in size while occupied with a detached dwelling. 4. Mobile Homes and Mobile Home Parks. Mobile homes and mobile home parks lawfully existing on the date of adoption of these Development Standards may continue to be repaired, remodeled and/or replaced consistent with the it fr)r+h standards for mobile homes in Article 2, Division 6, or those standards in place at the time of mobile home park approval, provided that any modifications do not create any additional dwelling units. New accessory structures may be constructed consistent with the setbacks for accessory structures in Article 2, Division 6 and the standards for accessory structures in Article 3, Division 2co,.+ 0^„ 3.204. No lot of record upon which a mobile home or mobile home park existed on the date of adoption of these Development Standards may be expanded or reduced in size. 5. Change of Use. Projects involving only a change in use are exempt from the DevelopmentDesig-n Standards in Appendix B, Divisions 4, 5 and 6. 6. Improvement, Remodel, or Reconstruction. Building improvement and remodel projects, including reconstruction of buildings in the general location or footprint of buildings being replaced, with up to 5 percent additional gross floor area, shall be exempt from the DevelopmentDe&kw Standards as follows. a. Building improvement, remodel, or reconstruction projects valued at less than 25 percent of the total assessed building value as reflected in the Property Appraiser's 6 Ordinance No. 9387-20 current records at the time of application are exempt from the Development Standards in Appendix B, Divisions 4, 5 and 6, except that the location of any new floor area, including accessory structures, shall be compliant with the setback requirements in Division 4 of these standards to the greatest extent practicable as determined by the Community Development Coordinator. b. Building improvement, remodel, or reconstruction projects valued at 25 percent or more of the total assessed building value as reflected in the Property Appraiser's current records at the time of application, are exempt from all but teethe pedestrian walkway standards in B-503.C, the surface parking and service area standards in B-504.A.1, the bicycle parking standards in B-504.C, and the landscape requirements in B-505.A of these Des+gR 9standards, which. The nroyisinnc of shall be brought into compliance to the greatest extent practicable as determined by the Community Development Coordinatornnppivzn +aTea of+ho ci4o i4hin ro cnn hlo nrnvimi4"to the imnreyed Fernedeler! nr ronnnc4n in4or! roof Oho hl iilrlinn 0 0 Additionally, the location of any new floor area, including accessory structures, shall be compliant with the setback requirements in Division 4 of these standards to the greatest extent practicable as determined by the Community Development Coordinator. Landscape requirements in B.504.A.1 and B.505.A may be modified as part of a comprehensive landscape program pursuant to the criteria set forth in Section 3-1204.G. 7. Internal Buildings and Additions. New buildings or additions to existing buildings located 200 feet minimum from the front property line shall be exempt from the street frontage standards in Division 4, except for side and rear setbacks, and the development pattern standards in Sections B-502, the access and driveway consolidation standards in Section B-503.A, reconstruction of sidewalks and landscaping in Section B-503.13, and building entry location standards in Section B-604.A. The location of any new floor area as part of an addition shall be compliant with the setback requirements in Division 4 of these standards to the greatest extent practicable as determined by the Community Development Coordinator. Additionally, t-The location of new buildings or additions to existing buildings shall allow for future development compliant with all setback requirements. 8. Parking and Landscaping. The following Community Development Code sections shall not apply: 3-1202.A.2, 2-1''3-, and 3-1401.B.2 apd- 2-4401-8.2— SectionSection 6. That Appendix B, US 19 Zoning District and Development Standards, Division 2, Regulating Plan, Community Development Code, be amended to add Key Corners to Figure 1. Regulating Plan, consistent with the Key Corners identified in Division 3. Subdistrict Standards, and to amend the Street Frontage Type for properties on the east and west side of right-of-way located generally on the south side of Drew Street, approximately 140 feet west of US 19, from Street Frontage Type B to D as follows: Remove existing Figure 1. Comprised of 6 maps and replace with the following 6 maps) 7 Ordinance No. 9387-20 8 Ordinance No. 9387-20 9 Ordinance No. 9387-20 10 Ordinance No. 9387-20 11 Ordinance No. 9387-20 12 Ordinance No. 9387-20 13 Ordinance No. 9387-20 Section 7. That Appendix B, US 19 Zoning District and Development Standards, Division 7, Flexibility, Community Development Code, be amended to read as follows: SECTION B-701. GENERAL Flexibility in the application of Developments Standards may be approved by the Community Development Coordinator or Community Development Board as provided below. Where flexibility is allowed, the level of flexibility permitted shall be the minimum extent required to address flexibility standards and requirements. SECTION B-702. PROCESS Authority to grant flexibility shall follow the approval levels indicated by use in Table 2. Use & Parking and shall be administered consistent with the provisions of Article 4, Development Review and Other Standards. The Community Development Coordinator shall have authority to grant flexibility for Level One approvals and the Community Development Board shall have authority to grant flexibility for Level Two approvals. Where flexibility is being requested for a Level One Minimum Standard Development use, the request shall be processed as a Level One Flexible Standard Development. SECTION B-703. FLEXIBILITY PROVISIONS Flexibility may be approved subject to the standards below. A) Subdistrict Standards — Parking Flexibility to further reduce the minimum number of parking spaces to less than what may be approved through Table 3. Parking Reduction Factors in Section B-303.0 may be requested with the provision of a parking demand study. Prior to the preparation of such study, the methodology shall be approved by the Community Development Coordinator and City Engineer, and in accordance with accepted traffic engineering principles. The findings of the study will be used in determining whether or not additional flexibility to the required parking may be approved. BA) Street Frontage Standards - Building Setbacks 1. Front building setbacks less than the minimums or greater than the maximums allowed in Appendix B, Division 4 may be approved for projects with site constraints such as shape irregularities and/or the presence of natural features, existing utilities, utility easements, or access easements making meeting setback requirements impractical or infeasible. Where front building setbacks are reduced, required pedestrian areas along front building facades may be reduced by no more than 20 percent, and the landscape area may be modified as part of a comprehensive landscape program pursuant to the criteria set forth in Section 3-1204.G. 2. Existing developments with front building setbacks greater than the maximums allowed in Appendix B, Division 4 may be expanded in a manner that does not comply with front setback requirements provided the addition does not substantially change the general configuration of the site and meets the requirements of Section B-104.C.6. Cg) Street Frontage Standards - Building Spacing 14 Ordinance No. 9387-20 4. The maximum spacing between individual buildings along Street Frontage Types A, B, and C may be increased or waived for projects wi4#that meet the requirements of B- 703.C.1, B-703.C.2, and B-703.C.3. 1. The project must have one or more of the following characteristics:- a. The The proposed site configuration is designed to incorporate natural features such as a stand of mature trees, body of water, wetland or other similar feature. b. Placement of existing buildings and/or site access and circulation constraints make it infeasible to meet the standard. c. The placement of publicly-accessible outdoor plaza spaces to the side of the building results in increased building spacing to accommodate the plaza. 2. A plan for phased development shall be submitted that indicates how planned and future buildings will be placed consistent with the goals and policies of the Comprehensive Plan; the planning and design recommendations of the US 19 Corridor Redevelopment Plan; and the general purpose, intent and basic planning objectives of these Development Standards. 3. Where flexibility in the standard is allowed, enhanced landscaping and the use of low walls along street frontages to screen parking and define the edge of pedestrian ways shall be required. D4;) Street Frontage Standards - Parking & Vehicular Circulation ED) Street Frontage Standards - Front Building Facades & Entries 1. For buildings along Street Frontage Types A, B, and C, the extent of transparent glazing along a building's ground floor front facade may be reduced to 25 percent if the building's ground floor side facade is designed to meet standards applicable to the front facade, including requirements for pedestrian and landscape improvements. 2. For buildings at corner locations, the extent of transparent glazing along the front facade with the lowest level of existing or planned pedestrian activity may be reduced to 25 percent. These flexibility provisions are illustrated in Figure 16. Frontage Design Flexibility. 3. _. Aq .111_16t_.F ed OR Figure 16FFORtage DeGigR Flex-h,,+.,, Flexibility in the application of entry location standards in Appendix B, Division 4 and in Section B-604.A may be approved consistent with one all-of the following. a. Building entries along a side facade may be approved in lieu of entries on the front facade if the entries are clearly visible from and within 40 feet of the street frontage and both facades are designed to meet standards applicable to front facades, including requirements for pedestrian and landscape improvements. b. For buildings at corner locations, building entries along one front facade may be approved in lieu of entries on both front facades if the entries are clearly visible from and within 40 feet of the street frontage and both facades are designed to meet 15 Ordinance No. 9387-20 standards applicable to front facades, including requirements for pedestrian and landscape improvements. applied to 19 1ildiRg eRtF i IGGatiep -slap Ards ip Con4ieR Q 64-M.A. F€) Site Design Standards - Development Pattern Flexibility in the application of requirements found in Section B-502.A and Section B-502.13 for new streets and drives and development blocks may be approved for projects on sites where the applicant demonstrates that site size, dimension, shape, or presence of constraints such as natural areas, utilities or utility easements, or other existing features make meeting these requirements infeasible. G ) Site Design Standards - Cross Parcel Connections G) Site Design Standards - Pedestrian Walkways through Parking Lots 19) Site Design Standards - Fences & Walls Along Street Frontages 11) Site Design Standards - Stormwater Facility Location KJ) Building Design Standards - Facade Design &Articulation SECTION B-704. FLEXIBILITY PROVISIONS FOR SPECIAL PROJECT TYPES A) Special Project Types 1. Flexibility in meeting the frontage, site, and building standards in Divisions 4, 5, and 6 for large-scale mixed use projects and projects with employment-intensive land uses may be approved by the Community Development Board. Projects meeting the following criteria are defined as special project types for the purpose of this section. a. Projects on sites greater than 20 acres with a mix of land uses including at least two of the following uses: retail, including restaurants, retail plazas, and retail sales and services; multi-family residential; overnight accommodations; or office. b. Projects on sites greater than 10 acres with a proposed FAR greater than 1.25 and a mix of land uses including at least two of the following uses: retail, including restaurants, retail plazas, and retail sales and services; multi-family residential; overnight accommodations; or office. c. Projects on sites greater than 540 acres with employment-intensive land uses meeting the criteria for such uses as defined in the Economic Development Strategic Plan and providing opportunity for significant economic contribution to the City by diversifying the local economy; by creating jobs with average wages exceeding the annual average wage of Pinellas County; and which attract, retain, and expand primary industries. 16 Ordinance No. 9387-20 Section 8. Amendments to the Community Development Code of the City of Clearwater (as originally adopted by Ordinance No. 6348-99 and subsequently amended) are hereby adopted to read as set forth in this Ordinance. Section 9. The City of Clearwater does hereby certify that the amendments contained herein, as well as the provisions of this Ordinance, are consistent with and in conformance with the City's Comprehensive Plan. Section 10. Should any part or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a whole, or any part thereof other than the part declared to be invalid. Section 11. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. Section 12. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING AS AMENDED PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Michael Fuino Rosemarie Call Assistant City Attorney City Clerk 17 Ordinance No. 9387-20 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9391-20 2nd rdg Agenda Date: 8/6/2020 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.4 SUBJECT/RECOMMENDATION: Adopt Ordinance 9391-20 on second reading, annexing certain real property whose post office address is 1704 Lucas Drive, Clearwater, Florida 33759, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/6/2020 Ordinance No. 9391-20 ORDINANCE NO. 9391-20 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF LUCAS DRIVE, APPROXIMATELY 130 FEET NORTH OF SR 590, WHOSE POST OFFICE ADDRESS IS 1704 LUCAS DRIVE, 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 property described herein and depicted on the map attached hereto as Exhibit A have petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot 2, Block 6, Virginia Grove Terrace Third Addition, according to the plat thereof as recorded in Plat Book 37, Page 74, Public Records of Pinellas County, Florida. (ANX2020-04004) 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. 9391-20 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Michael P. Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A 9439294374943567 6 6 5 5 4 4 5 61 1 1 SR 590 OWEN DR KUMQUAT DR EVANS DR LUCAS DR GROVE DR THOMAS DR SHADDOCK DR WEST VIRGINIA LN PINEAPPLE LN 1712 274227482729273927432749275927552765275427602766273027321655 27201717 272327002712274827421707 1539 1704 1721 1508 1732 1733 27601720 1619 1701 1705 27541708 27591700 1716 1734 1728 1573 1716 27711733 1736 1742 27131712 1600 1705 27351591 1728 1704 1724 272627651718 1725 1719 1709 1517 1733 1717 27291520 1729 1720 27301513 1700 1701 1691 1733 1736 1729 1732 1716 1725 1737 1602 1725 1718 1705 1730 27531706 17211721 1512 27381504 1732 1720 1516 1712 1637 1713 1510 1743 1604 1724 1506 1704 27601512 1521 17161717 1729 274127471715 1701 1712 27661673 1712 27221701 572 172 17281728 1502 171 1704 1724 173 1736 1654 170 1724 1736 172 1618 1724 1636 1708 172 27531680 1670 590 171 170-Not to Scale--Not a Survey-Rev. 5/12/2020 PROPOSED ANNEXATION Owner(s): Nancy K. Schneider & Susan E. Krause Case: ANX2020-04004 Site: 1704 Lucas Drive Property Size(Acres): ROW (Acres): 0.191 Land Use Zoning PIN: 05-29-16-94374-006-0020 From : Residential Low (RL) R-3, Single Family Residential Atlas Page: 264A To: Residential Low (RL) Low Medium Density Residential (LMDR) US-19 NSR 590 OWEN DR E US-19 FRONTAGE RDW US-19 FRONTAGE RDEVANS DR MORNINGSIDE DR LUCAS DR GROVE DR AUDREY DR THOMAS DR N TERRACE DR CARDINAL DR EL TRINDAD DR EKUMQUAT DR CALAMONDIN LN WEST VIRGINIA LN AVOCADO DR SHADDOCK DR PINEAPPLE LN DIANE DR MARILYN DR COUNTRY LN WCARLTON DR N TERRACE DR COACHMAN PLAZA DR AUDREY DR OWEN DR CARDINAL DR ^PROJECT SITE -Not to Scale--Not a Survey-Rev. 5/12/2020 LOCATION MAP Owner(s): Nancy K. Schneider & Susan E. Krause Case: ANX2020-04004 Site: 1704 Lucas Drive Property Size(Acres): ROW (Acres): 0.191 Land Use Zoning PIN: 05-29-16-94374-006-0020 From : Residential Low (RL) R-3, Single Family Residential Atlas Page: 264A To: Residential Low (RL) Low Medium Density Residential (LMDR) SR 590 SR 590 OWEN DR OWEN DR KUMQUAT DR KUMQUAT DR EVANS DR EVANS DR LUCAS DR LUCAS DR GROVE DR GROVE DR THOMAS DR THOMAS DR SHADDOCK DR SHADDOCK DR WEST VIRGINIA LN WEST VIRGINIA LN PINEAPPLE LN PINEAPPLE LN -Not to Scale--Not a Survey-Rev. 5/12/2020 AERIAL PHOTOGRAPH Owner(s): Nancy K. Schneider & Susan E. Krause Case: ANX2020-04004 Site: 1704 Lucas Drive Property Size(Acres): ROW (Acres): 0.191 Land Use Zoning PIN: 05-29-16-94374-006-0020 From : Residential Low (RL) R-3, Single Family Residential Atlas Page: 264A To: Residential Low (RL) Low Medium Density Residential (LMDR) 9439294374943567 6 6 5 5 4 4 5 61 1 1 SR 590 OWEN DR KUMQUAT DR EVANS DR LUCAS DR GROVE DR THOMAS DR SHADDOCK DR WEST VIRGINIA LN PINEAPPLE LN 1712 274227482729273927432749275927552765275427602766273027321655 27201717 272327002712274827421707 1539 1704 1721 1508 1732 1733 27601720 1619 1701 1705 27541708 27591700 1716 1734 1728 1573 1716 27711733 1736 1742 27131712 1600 1705 27351591 1728 1704 1724 272627651718 1725 1719 1709 1517 1733 1717 27291520 1729 1720 27301513 1700 1701 1691 1733 1736 1729 1732 1716 1725 1737 1602 1725 1718 1705 1730 27531706 17211721 1512 27381504 1732 1720 1516 1712 1637 1713 1510 1743 1604 1724 1506 1704 27601512 1521 17161717 1729 274127471715 1701 1712 27661673 1712 27221701 572 172 17281728 1502 171 1704 1724 173 1736 1654 170 1724 1736 172 1618 1724 1636 1708 172 27531680 1670 590 171 170-Not to Scale--Not a Survey-Rev. 5/12/2020 EXISTING SURROUNDING USES MAP Owner(s): Nancy K. Schneider & Susan E. Krause Case: ANX2020-04004 Site: 1704 Lucas Drive Property Size(Acres): ROW (Acres): 0.191 Land Use Zoning PIN: 05-29-16-94374-006-0020 From : Residential Low (RL) R-3, Single Family Residential Atlas Page: 264A To: Residential Low (RL) Low Medium Density Residential (LMDR) Single Family Residential Single Family Residential ANX2020-04004 Nancy K. Schneider & Susan E. Krause 1704 Lucas Drive View looking west at subject property, 1704 Lucas Drive South of subject property North of subject property East of subject property, across Lucas Drive View looking northerly along Lucas Drive View looking southerly along Lucas Drive Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9392-20 2nd rdg Agenda Date: 8/6/2020 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.5 SUBJECT/RECOMMENDATION: Adopt Ordinance 9392-20 on second reading, amending the future land use plan element of the Comprehensive Plan to designate the land use for certain real property whose post office address is 1704 Lucas Drive, Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Residential Low (RL). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/6/2020 Ordinance No. 9392-20 ORDINANCE NO. 9392-20 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 ON THE WEST SIDE OF LUCAS DRIVE, APPROXIMATELY 130 FEET NORTH OF SR 590, WHOSE POST OFFICE ADDRESS IS 1704 LUCAS DRIVE, CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Future Land Use Element of the Comprehensive Plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Future Land Use Element of the Comprehensive Plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category Lot 2, Block 6, Virginia Grove Terrace Third Addition, according to the plat thereof as recorded in Plat Book 37, Page 74, Public Records of Pinellas County, Florida. Residential Low (RL) (ANX2020-04004) 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. 9391-20. Ordinance No. 9392-20 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Michael P. Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A 9439294374943567 6 6 5 5 4 4 5 61 1 1 RL RLRLRL RL RU RLRLRL RL RL P SR 590 OWEN DR KUMQUAT DR EVANS DR LUCAS DR GROVE DR THOMAS DR SHADDOCK DR WEST VIRGINIA LN PINEAPPLE LN 1712 274227482729273927432749275927552765275427602766273027321655 27201717 272327002712274827421707 1539 1704 1721 1728 1508 1728 1732 1733 27601720 1701 1705 27541708 27591700 1734 1728 1573 1716 27711733 1736 1742 27131712 1600 1705 27351591 1728 1704 1654 1724 272627651725 1709 1517 1733 1717 27291520 1729 1720 27301513 1700 1701 1691 1733 1736 1729 1732 1716 1725 1737 1618 1602 1725 1718 1705 1730 27531706 17211721 1512 27381504 1732 1720 1636 1516 17081712 1637 1713 1510 1743 1604 27531506 1704 27601521 17161717 1670 1729 1590 274127471715 1701 1712 27661673 1712 27221701 1572 1721 1619 1716 1502 1713 1704 1724 1733 1736 1705 1718 1719 1724 1736 1725 1724 1729 1724 1512 1680 1717 1709-Not to Scale--Not a Survey-Rev. 5/12/2020 PROPOSED FUTURE LAND USE MAP Owner(s): Nancy K. Schneider & Susan E. Krause Case: ANX2020-04004 Site: 1704 Lucas Drive Property Size(Acres): ROW (Acres): 0.191 Land Use Zoning PIN: 05-29-16-94374-006-0020 From : Residential Low (RL) R-3, Single Family Residential Atlas Page: 264A To: Residential Low (RL) Low Medium Density Residential (LMDR) US-19 NSR 590 OWEN DR E US-19 FRONTAGE RDW US-19 FRONTAGE RDEVANS DR MORNINGSIDE DR LUCAS DR GROVE DR AUDREY DR THOMAS DR N TERRACE DR CARDINAL DR EL TRINDAD DR EKUMQUAT DR CALAMONDIN LN WEST VIRGINIA LN AVOCADO DR SHADDOCK DR PINEAPPLE LN DIANE DR MARILYN DR COUNTRY LN WCARLTON DR N TERRACE DR COACHMAN PLAZA DR AUDREY DR OWEN DR CARDINAL DR ^PROJECT SITE -Not to Scale--Not a Survey-Rev. 5/12/2020 LOCATION MAP Owner(s): Nancy K. Schneider & Susan E. Krause Case: ANX2020-04004 Site: 1704 Lucas Drive Property Size(Acres): ROW (Acres): 0.191 Land Use Zoning PIN: 05-29-16-94374-006-0020 From : Residential Low (RL) R-3, Single Family Residential Atlas Page: 264A To: Residential Low (RL) Low Medium Density Residential (LMDR) SR 590 SR 590 OWEN DR OWEN DR KUMQUAT DR KUMQUAT DR EVANS DR EVANS DR LUCAS DR LUCAS DR GROVE DR GROVE DR THOMAS DR THOMAS DR SHADDOCK DR SHADDOCK DR WEST VIRGINIA LN WEST VIRGINIA LN PINEAPPLE LN PINEAPPLE LN -Not to Scale--Not a Survey-Rev. 5/12/2020 AERIAL PHOTOGRAPH Owner(s): Nancy K. Schneider & Susan E. Krause Case: ANX2020-04004 Site: 1704 Lucas Drive Property Size(Acres): ROW (Acres): 0.191 Land Use Zoning PIN: 05-29-16-94374-006-0020 From : Residential Low (RL) R-3, Single Family Residential Atlas Page: 264A To: Residential Low (RL) Low Medium Density Residential (LMDR) 9439294374943567 6 6 5 5 4 4 5 61 1 1 SR 590 OWEN DR KUMQUAT DR EVANS DR LUCAS DR GROVE DR THOMAS DR SHADDOCK DR WEST VIRGINIA LN PINEAPPLE LN 1712 274227482729273927432749275927552765275427602766273027321655 27201717 272327002712274827421707 1539 1704 1721 1508 1732 1733 27601720 1619 1701 1705 27541708 27591700 1716 1734 1728 1573 1716 27711733 1736 1742 27131712 1600 1705 27351591 1728 1704 1724 272627651718 1725 1719 1709 1517 1733 1717 27291520 1729 1720 27301513 1700 1701 1691 1733 1736 1729 1732 1716 1725 1737 1602 1725 1718 1705 1730 27531706 17211721 1512 27381504 1732 1720 1516 1712 1637 1713 1510 1743 1604 1724 1506 1704 27601512 1521 17161717 1729 274127471715 1701 1712 27661673 1712 27221701 572 172 17281728 1502 171 1704 1724 173 1736 1654 170 1724 1736 172 1618 1724 1636 1708 172 27531680 1670 590 171 170-Not to Scale--Not a Survey-Rev. 5/12/2020 EXISTING SURROUNDING USES MAP Owner(s): Nancy K. Schneider & Susan E. Krause Case: ANX2020-04004 Site: 1704 Lucas Drive Property Size(Acres): ROW (Acres): 0.191 Land Use Zoning PIN: 05-29-16-94374-006-0020 From : Residential Low (RL) R-3, Single Family Residential Atlas Page: 264A To: Residential Low (RL) Low Medium Density Residential (LMDR) Single Family Residential Single Family Residential ANX2020-04004 Nancy K. Schneider & Susan E. Krause 1704 Lucas Drive View looking west at subject property, 1704 Lucas Drive South of subject property North of subject property East of subject property, across Lucas Drive View looking northerly along Lucas Drive View looking southerly along Lucas Drive Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9393-20 2nd rdg Agenda Date: 8/6/2020 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.6 SUBJECT/RECOMMENDATION: Adopt Ordinance 9393-20 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1704 Lucas Drive, Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/6/2020 Ordinance No. 9393-20 ORDINANCE NO. 9393-20 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF LUCAS DRIVE, APPROXIMATELY 130 FEET NORTH OF SR 590, WHOSE POST OFFICE ADDRESS IS 1704 LUCAS DRIVE, CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the Zoning Atlas of the City is amended, as follows: The map attached as Exhibit 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. 9391-20. Property Zoning District Lot 2, Block 6, Virginia Grove Terrace Third Addition, according to the plat thereof as recorded in Plat Book 37, Page 74, Public Records of Pinellas County, Florida. Low Medium Density Residential (LMDR) (ANX2020-04004) Ordinance No. 9393-20 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Michael P. Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A 9439294374943567 6 6 5 5 4 4 5 61 1 1 SR 590 OWEN DR KUMQUAT DR EVANS DR LUCAS DR GROVE DR THOMAS DR SHADDOCK DR WEST VIRGINIA LN PINEAPPLE LN LMDR LDR 1712 274227482729273927432749275927552765275427602766273027321655 27201717 272327002712274827421707 1539 1704 1721 1508 1732 1733 27601720 1619 1701 1705 27541708 27591700 1716 1734 1728 1573 1716 27711733 1736 1742 27131712 1600 1705 27351728 1704 1724 272627651718 1725 1719 1709 1517 1733 1717 27291520 1729 1720 27301513 1700 1701 1691 1733 1736 1729 1732 1716 1725 1737 1602 1725 1718 1705 1730 27531706 17211721 1512 27381504 1732 1720 1516 1712 1637 1713 1510 1743 1604 1724 1506 1704 27601512 1521 17161717 1729 274127471715 1701 27661673 1712 27221701 LMDRLMDR MDR MDR P P 572 172 17281728 1502 171 1704 1724 173 1736 1591 1654 170 1724 1736 172 1618 1724 1636 1708 172 27531680 1670 590 171 170 1712 -Not to Scale--Not a Survey-Rev. 5/12/2020 PROPOSED ZONING MAP Owner(s): Nancy K. Schneider & Susan E. Krause Case: ANX2020-04004 Site: 1704 Lucas Drive Property Size(Acres): ROW (Acres): 0.191 Land Use Zoning PIN: 05-29-16-94374-006-0020 From : Residential Low (RL) R-3, Single Family Residential Atlas Page: 264A To: Residential Low (RL) Low Medium Density Residential (LMDR) US-19 NSR 590 OWEN DR E US-19 FRONTAGE RDW US-19 FRONTAGE RDEVANS DR MORNINGSIDE DR LUCAS DR GROVE DR AUDREY DR THOMAS DR N TERRACE DR CARDINAL DR EL TRINDAD DR EKUMQUAT DR CALAMONDIN LN WEST VIRGINIA LN AVOCADO DR SHADDOCK DR PINEAPPLE LN DIANE DR MARILYN DR COUNTRY LN WCARLTON DR N TERRACE DR COACHMAN PLAZA DR AUDREY DR OWEN DR CARDINAL DR ^PROJECT SITE -Not to Scale--Not a Survey-Rev. 5/12/2020 LOCATION MAP Owner(s): Nancy K. Schneider & Susan E. Krause Case: ANX2020-04004 Site: 1704 Lucas Drive Property Size(Acres): ROW (Acres): 0.191 Land Use Zoning PIN: 05-29-16-94374-006-0020 From : Residential Low (RL) R-3, Single Family Residential Atlas Page: 264A To: Residential Low (RL) Low Medium Density Residential (LMDR) SR 590 SR 590 OWEN DR OWEN DR KUMQUAT DR KUMQUAT DR EVANS DR EVANS DR LUCAS DR LUCAS DR GROVE DR GROVE DR THOMAS DR THOMAS DR SHADDOCK DR SHADDOCK DR WEST VIRGINIA LN WEST VIRGINIA LN PINEAPPLE LN PINEAPPLE LN -Not to Scale--Not a Survey-Rev. 5/12/2020 AERIAL PHOTOGRAPH Owner(s): Nancy K. Schneider & Susan E. Krause Case: ANX2020-04004 Site: 1704 Lucas Drive Property Size(Acres): ROW (Acres): 0.191 Land Use Zoning PIN: 05-29-16-94374-006-0020 From : Residential Low (RL) R-3, Single Family Residential Atlas Page: 264A To: Residential Low (RL) Low Medium Density Residential (LMDR) 9439294374943567 6 6 5 5 4 4 5 61 1 1 SR 590 OWEN DR KUMQUAT DR EVANS DR LUCAS DR GROVE DR THOMAS DR SHADDOCK DR WEST VIRGINIA LN PINEAPPLE LN 1712 274227482729273927432749275927552765275427602766273027321655 27201717 272327002712274827421707 1539 1704 1721 1508 1732 1733 27601720 1619 1701 1705 27541708 27591700 1716 1734 1728 1573 1716 27711733 1736 1742 27131712 1600 1705 27351591 1728 1704 1724 272627651718 1725 1719 1709 1517 1733 1717 27291520 1729 1720 27301513 1700 1701 1691 1733 1736 1729 1732 1716 1725 1737 1602 1725 1718 1705 1730 27531706 17211721 1512 27381504 1732 1720 1516 1712 1637 1713 1510 1743 1604 1724 1506 1704 27601512 1521 17161717 1729 274127471715 1701 1712 27661673 1712 27221701 572 172 17281728 1502 171 1704 1724 173 1736 1654 170 1724 1736 172 1618 1724 1636 1708 172 27531680 1670 590 171 170-Not to Scale--Not a Survey-Rev. 5/12/2020 EXISTING SURROUNDING USES MAP Owner(s): Nancy K. Schneider & Susan E. Krause Case: ANX2020-04004 Site: 1704 Lucas Drive Property Size(Acres): ROW (Acres): 0.191 Land Use Zoning PIN: 05-29-16-94374-006-0020 From : Residential Low (RL) R-3, Single Family Residential Atlas Page: 264A To: Residential Low (RL) Low Medium Density Residential (LMDR) Single Family Residential Single Family Residential ANX2020-04004 Nancy K. Schneider & Susan E. Krause 1704 Lucas Drive View looking west at subject property, 1704 Lucas Drive South of subject property North of subject property East of subject property, across Lucas Drive View looking northerly along Lucas Drive View looking southerly along Lucas Drive Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8078 Agenda Date: 8/6/2020 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: Police Department Agenda Number: 10.1 SUBJECT/RECOMMENDATION: Approve an agreement with Axon Enterprise, Inc. of Scottsdale, AZ, in the amount of $2,217,407, for the five-year period from August 6, 2020 through August 5, 2025, for the purchase of body camera equipment, digital evidence storage and management, licensing, and training, in accordance with Clearwater Code of Ordinances Section 2.564(1)(d) Other Government Entities Bids; increase the number of full time equivalents within the Police Department by one position and upgrade one officer position to Police Sergeant; and authorize the appropriate officials to execute same. SUMMARY: To create operational efficiencies regarding evidence location /retention, address public records requests, and more appropriately aggregate and control property disposals relating to electronic evidence or items which could be digitized, the Police Department previously issued a Request for Proposal (RFP) #29-18 for a Digital Evidence Management System (DEMS), in cooperation with the City’s Procurement Department. The RFP Committee was comprised of members of the Police Department ’s Property/Evidence Unit, Records Unit, Police Department management, and the city’s Information Technology Department. Based upon the proposals evaluated, Axon Enterprise, Inc. (Axon) was selected as the preferred vendor; this award was confirmed by the City Council in February 2019. The agreement provides for a Digital Evidence Management solution which supplies a common platform for all department employees and allows the Police Department to share records with the State Attorney ’s Office, private attorneys, and citizens. This program was also anticipated to be the foundational system to develop and implement a Police Body Worn Camera Program (BWC). In April 2019, the City Council approved the Police Department ’s request to incorporate five interview room cameras and one Driving Under the Influence (DUI) room camera into the DEMS. Subsequent to this, the Police Department has added several in -cruiser video systems which are directly compatible with this system. At the July 16, 2020, city council meeting, the Police Department was directed to incorporate a body worn camera program. The proposed body worn camera program is also a product of Axon and works in integration with the department’s Digital Evidence Management System. This agreement will provide for 200 Axon “Body 3” cameras, 25 docking bays, storage, licensing, and training to fulfill the Council directive. The pricing included in this agreement Page 1 City of Clearwater Printed on 8/6/2020 File Number: ID#20-8078 was previously competitively solicited and obtained through the National Purchasing Partners (Contract #VH11629), a national resource for public entities for similar public solicitations; the City of Clearwater is a participating member in this partnership. This five-year agreement supersedes and incorporates the Police Department ’s previous Digital Evidence Management system agreement (Contract #900560), in addition to the cost of implementing a body worn camera program. Costs for the initial year of a BWC Program ($521,556.25) and DEMS ($45,401) total $566,956.25 with an annual recurring cost for years 2-5 at approximately $412,612.50 (BWC: $345,012.50 + DEMS: $67,601). The Police Department is simultaneously requesting an increase or upgrade in the number of full-time equivalents to process body camera videos and management the program as follows: ·Senior Police Records Clerk ·Converting a Police Officer position to a Police Sergeant position The total cost of the implementation /upgrade of these positions is approximately $68,907. Therefore, the total initial year costs of a Body Worn Camera Program, not including police uniform modifications, is approximately $590,463 ($521,556 + $68,907). Authorize Clearwater Police Chief Daniel Slaughter to sign the Quote appendix. APPROPRIATION CODE AND AMOUNT: A third quarter budget amendment will establish special program P 2002, Police Body Worn Camera Program and provide a transfer of $175,306 from special program 99387, Federal Forfeiture Fund, and $170,857 from General Fund reserves. Additional funding of $270,794 will be transferred in fiscal year 2021 to provide total first year funding for contract costs and uniform modifications. Future fiscal year contract funding (FY22-FY25) will be required through the annual operating budget process. USE OF RESERVE FUNDS: Funding for will be provided by a third quarter budget amendment allocating General Fund reserves in the amount of $170,857 to special program P2002, Police Body Worn Camera Program. Inclusive of this item if approved, a net total of $2,564,294 of General Fund reserves has been appropriated by Council to fund expenditures in the 2019/20 operating budget. The remaining balance in General Fund reserves after the 8.5% reserve is approximately $25.0 million, or 16.4% of the current General Fund operating budget. Page 2 City of Clearwater Printed on 8/6/2020 DocuSign Envelope ID:962322DB-F580-4C06-A039-67199D86B662 Q-258723-44013.533 B R Issued:07/01/2020 Axon Enterprise, Inc. Quote Expiration: 08/15/2020 17800 N 85th St. 110543 Scottsdale,Arizona 85255 Payment Terms:Net 30 United States Delivery Method: Fedex-Ground Phone:(800)978-2737 SALES REPRESENTATIVE Brendan Rome SHIP TO BILL TO Phone: David Dalton Clearwater Police Dept- FL Email:brome@axon.com Clearwater Police Dept- FL 645 PIERCE STREET Fax: 645 PIERCE STREET Clearwater, FL 33756 PRIMARY CONTACT Clearwater, FL 33756 US David Dalton US Phone: (727)562-4299 Email:david.dalton@myclearwater.com Year 1 Item Description Term Quantity List UnitNet Unit Price Total(USD) Months) Price Anon Plans'&Packages 85114 EVIDENCE.COM INCLUDED STORAGE (GB)-5 8,000 0.00 0.00 0.00 YEAR CONTRACT 80052 AXON AUTO TAGGING SERVICE ADD-ON: 200 180.00 0.00 0.00 YEAR 1 PAYMENT 80012 BASIC EVIDENCE.COM LICENSE:YEAR 1 60 180.00 0.00 0.00 PAYMENT 80022 PRO EVIDENCE.COM LICENSE:YEAR 1 50 468.00 435.00 21,750.00 PAYMENT 85110 EVIDENCE.COM INCLUDED STORAGE 600 0.00 0.00 0.00 85110 EVIDENCE.COM INCLUDED STORAGE 1,500 0.00 0.00 0.00 73655 AWARE PLUS A/V SERVICE LINE: 5 YEAR 200 0.00 0.00 0.00 73681 AXON RECORDS FULL 60 200 0.00 0.00 0.00 Hardware 73202 AXON BODY 3-NAI 0 200 699.00 699.00 139,800.00 73253 5 Year Technology Assurance Plan Warranty 200 0.00 0.00 0.00 AB3 Camera 74210 AXON BODY 3- 8 BAY DOCK 25 1,495.00 1,420.25 35,506.25 70033 WALL MOUNT BRACKET, ASSY, 25 42.00 42.00 1,050.00 EVIDENCE.COM DOCK 73255 5 Year Technology Assurance Plan Warranty 25 0.00 0.00 0.00 AB3 Dock 8 Bay 75015 SIGNAL SIDEARM KIT 200 249.00 0.00 0.00 Q-258723-44013.533 B R Protect Life. 1 DocuSign Envelope ID:962322DB-F580-4C06-A039-67199D86B662 Year I (Continued) Item Description Term Quantity List Unit Net Unit Price Total (USD) Months) Price Hardware(Continued) 71026 MAGNET MOUNT, FLEXIBLE REINFORCED, 220 0.00 0.00 0.00 RAPIDLOCK 11534 USB-C to USB-A CABLE FOR AB3 OR FLEX 2 200 0.00 0.00 0.00 71044 BATTERY, SIGNAL SIDEARM, CR2430 400 0.00 0.00 0.00 SINGLE PACK 74028 WING CLIP MOUNT, AXON RAPIDLOCK 1 0.00 0.00 0.00 11534 USB-C to USB-A CABLE FOR AB3 OR FLEX 2 300 10.50 10.50 3,150.00 Other 73460 EVIDENCE.COM UNLIMITED PLUS DOCK 200 0.00 0.00 0.00 TAP: 5 YEAR 73461 Evidence.com Unlimited Plus License Annual 200 1,068.00 1,801.00 360,200.00 Payment 73427 Performance Annual Payment 200 300.00 0.00 0.00 73465 Performance Service: 5 Year 200 0.00 0.00 0.00 73500 REDACTION ASSISTANT 151-350 SW 1 0.00 0.00 0.00 AGENCY-WIDE LICENSE: 5 YEAR 73503 REDACTION ASSISTANT 151-350 SWORN 1 28,800.00 0.00 0.00 ANNUALPAYMENT 71019 NORTH AMER POWER CORD FOR AB3 8- 25 0.00 0.00 0.00 BAY, AB2 1-BAY/6-BAY DOCK 73580 CITIZEN FOR COMMUNITIES 151-350 SW 1 0.00 0.00 0.00 AGENCY LICENSE: 5 YEAR 73583 CITIZEN FOR COMMUNITIES 151-350 1 28,800.00 0.00 0.00 SWORN ANNUAL PAYMENT 73413 AXON AWARE PLUS ANNUAL PAYMENT 200 300.00 0.00 0.00 73833 AXON RECORDS FULL PAYMENT 12 200 348.00 0.00 0.00 Services 79999 AUTO TAGGING /PERFORMANCE 1 0.00 0.00 0.00 IMPLEMENTATION SERVICE 85144 AXON STARTER 1 2,750.00 2,750.00 2,750.00 85144 AXON STARTER 1 2,750.00 2,750.00 2,750.00 Subtotal 566, 956.25 Estimated 0.00 Shipping Estimated Tax 0.00 Total 566, 956.25 Q-258723-44013.533BR Protect Life. 2 DocuSign Envelope ID:962322DB-F580-4C06-A039-67199D86B662 Spares Item Description Term Quantity List Unit Net Unit Price Total (USD) Months) Price Hardware 73202 AXON BODY 3- NA1 0 6 699.00 0.00 0.00 73253 5 Year Technology Assurance Plan Warranty 6 0.00 0.00 0.00 AB3 Camera 71026 MAGNET MOUNT, FLEXIBLE REINFORCED, 6 0.00 0.00 0.00 RAPIDLOCK 11534 USB-C to USB-A CABLE FOR AB3 OR FLEX 2 6 0.00 0.00 0.00 Subtotal 0.00 Estimated Tax 0.00 Total 0.00 Year 2 Item Description Term Quantity List Unit Net Unit Price Total (USD) Months) Price Axon Plans&Packages 80053 AXON AUTO TAGGING SERVICE ADD-ON: 200 180.00 0.00 0.00 YEAR 2 PAYMENT 80013 BASIC EVIDENCE.COM LICENSE:YEAR 2 60 180.00 0.00 0.00 PAYMENT 80023 PRO EVIDENCE.COM LICENSE:YEAR 2 50 468.00 140.25 7,012.50 PAYMENT 85110 EVIDENCE.COM INCLUDED STORAGE 600 0.00 0.00 0.00 85110 EVIDENCE.COM INCLUDED STORAGE 1,500 0.00 0.00 0.00 Other 73461 Evidence.com Unlimited Plus License Annual 200 1,068.00 2,028.00 405,600.00 Payment 73427 Performance Annual Payment 200 300.00 0.00 0.00 73503 REDACTION ASSISTANT 151-350 SWORN 1 28,800.00 0.00 0.00 ANNUALPAYMENT 73583 CITIZEN FOR COMMUNITIES 151-350 1 28,800.00 0.00 0.00 SWORN ANNUAL PAYMENT 73413 AXON AWARE PLUS ANNUAL PAYMENT 200 300.00 0.00 0.00 73833 AXON RECORDS FULL PAYMENT 12 200 348.00 0.00 0.00 Subtotal 412, 612.50 Estimated Tax 0.00 Total 412, 612.50 Q-258723-44013.533 BR Protect Life. 3 DocuSign Envelope ID:962322DB-F580-4C06-A039-67199D86B662 Year 3 Item Description Term Quantity List Unit Net Unit Price Total (USD) Months) Price Axon Plans&Packages 80054 AXON AUTO TAGGING SERVICE ADD-ON: 200 180.00 0.00 0.00 YEAR 3 PAYMENT 80014 BASIC EVIDENCE.COM LICENSE:YEAR 3 60 180.00 0.00 0.00 PAYMENT 80024 PRO EVIDENCE.COM LICENSE:YEAR 3 50 468.00 140.25 7,012.50 PAYMENT 85110 EVIDENCE.COM INCLUDED STORAGE 600 0.00 0.00 0.00 85110 EVIDENCE.COM INCLUDED STORAGE 1,500 0.00 0.00 0.00 Other 73461 Evidence.com Unlimited Plus License Annual 200 1,068.00 2,028.00 405,600.00 Payment 73427 Performance Annual Payment 200 300.00 0.00 0.00 73503 REDACTION ASSISTANT 151-350 SWORN 1 28,800.00 0.00 0.00 ANNUALPAYMENT 73583 CITIZEN FOR COMMUNITIES 151-350 1 28,800.00 0.00 0.00 SWORN ANNUAL PAYMENT 73413 AXON AWARE PLUS ANNUAL PAYMENT 200 300.00 0.00 0.00 73833 AXON RECORDS FULL PAYMENT 12 200 348.00 0.00 0.00 Subtotal 412, 612.50 Estimated Tax 0.00 Total 412, 612.50 Year Item Description Term Quantity List Unit Net Unit Price Total (USD) Months) Price Axon Plans&Packages 80055 AXON AUTO TAGGING SERVICE ADD-ON: 200 180.00 0.00 0.00 YEAR 4 PAYMENT 80015 BASIC EVIDENCE.COM LICENSE:YEAR 4 60 180.00 0.00 0.00 PAYMENT 80025 PRO EVIDENCE.COM LICENSE:YEAR 4 50 468.00 140.25 7,012.50 PAYMENT 85110 EVIDENCE.COM INCLUDED STORAGE 600 0.00 0.00 0.00 85110 EVIDENCE.COM INCLUDED STORAGE 1,500 0.00 0.00 0.00 Q-258723-44013.533 BR Protect Life. 4 DocuSign Envelope ID:962322DB-F580-4C06-A039-67199D86B662 Year 4 (Continued) Item Description Term Quantity List Unit Net Unit Price Total (USD) Months) Price Other 73461 Evidence.com Unlimited Plus License Annual 200 1,068.00 2,028.00 405,600.00 Payment 73427 Performance Annual Payment 200 300.00 0.00 0.00 73503 REDACTION ASSISTANT 151-350 SWORN 1 28,800.00 0.00 0.00 ANNUALPAYMENT 73583 CITIZEN FOR COMMUNITIES 151-350 1 28,800.00 0.00 0.00 SWORN ANNUAL PAYMENT 73413 AXON AWARE PLUS ANNUAL PAYMENT 200 300.00 0.00 0.00 73833 AXON RECORDS FULL PAYMENT 12 200 348.00 0.00 0.00 Subtotal 412, 612.50 Estimated Tax 0.00 Total 412, 612.50 Year Item Description Term Quantity List Unit Net Unit Price Total (USD) Months) Price Axon Plans&Packages 80056 AXON AUTO TAGGING SERVICE ADD-ON: 200 180.00 0.00 0.00 YEAR 5 PAYMENT 80016 BASIC EVIDENCE.COM LICENSE:YEAR 5 60 180.00 0.00 0.00 PAYMENT 80026 PRO EVIDENCE.COM LICENSE:YEAR 5 50 468.00 140.25 7,012.50 PAYMENT 85110 EVIDENCE.COM INCLUDED STORAGE 600 0.00 0.00 0.00 85110 EVIDENCE.COM INCLUDED STORAGE 1,500 0.00 0.00 0.00 Other 73461 Evidence.com Unlimited Plus License Annual 200 1,068.00 2,028.00 405,600.00 Payment 73427 Performance Annual Payment 200 300.00 0.00 0.00 73503 REDACTION ASSISTANT 151-350 SWORN 1 28,800.00 0.00 0.00 ANNUALPAYMENT 73583 CITIZEN FOR COMMUNITIES 151-350 1 28,800.00 0.00 0.00 SWORN ANNUAL PAYMENT 73413 AXON AWARE PLUS ANNUAL PAYMENT 200 300.00 0.00 0.00 Q-258723-44013.533BR Protect Life. 5 DocuSign Envelope ID:962322DB-F580-4C06-A039-67199D86B662 Year 5 (Continued) Item Description Term Quantity List Unit Net Unit Price Total(USD) Months) Price Other(Continued) 73833 AXON RECORDS FULL PAYMENT 12 200 348.00 0.00 0.00 Subtotal 412, 612.50 Estimated Tax 0.00 Total 412, 612.50 Grand Total 2,217,406.25 Q-258723-44013.533 BR Protect Life. 6 DocuSign Envelope ID:962322DB-F580-4C06-A039-67199D86B662 ik 40, 61k, A X Discounts (USD) Quote Expiration:08/15/2020 List Amount 2,895,869.00 Discounts 678,462.75 Total 2,217,446.25: Total excludes applicable faxes Summary of Payments Payment Amount (USD) Year 1 566, 956.25 Spares 0.00 Year 2 412,612.50 Year 3 412,612.50 Year 4 412,612.50 Year 5 412,612.50 Grand T©tal 2,2171406.25 Q-258723-44013.533BR Protect Life. 7 DocuSign Envelope ID:962322DB-F580-4C06-A039-67199D86B662 Notes Agency has existing contract#00021053(originated via Q-176792 and includes 10 Basic licenses and 2 Fleet licenses)and is terminating that contract upon the new license start date(9/1/2020)of this quote.Remaining balance on this contract would be$217,920.00. Net new cost to agency of$1,999,486.25. The parties agree that Axon is granting a refund of$45,400.00(applied to Year 1 licenses)to refund paid,but undelivered services.This discount is based on a ship date range of 8/1/2020-8/15/2020, resulting in a 9/1/2020 license date.Any change in this date and resulting license start date will result in modification of this discount value which may result in additional fees due to or from Axon.This refund is contingent upon payment of 4/15/2020 invoice. National Purchasing Partners(NPP)-Axon Contract No.VH11629 used for pricing and purchasing justification. This quote is contingent upon simultaneous signing of Q-258723. Tax is subject to change at order processing with valid exemption. Axon's Sales Terms and Conditions This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon's Master Services and Purchasing Agreement posted at www.axon.com/legal/sales-terms-and-conditions),as well as the attached Statement of Work(SOW)for Axon Fleet and/or Axon Interview Room purchase,if applicable. Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below,you represent that you are lawfully able to enter into contracts. If you are signing on behalf of an entity(including but not limited to the company,municipality,or government agency for whom you work),you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, please do not sign this Quote. Clearwater Police Dept.-FL Signature: Date: Name(Print):Title: PO# (Or write N/A): DocuSigned by: Axon Enterprise,Inc. 7/22/2020 1 8:38 AM MST Signature:55DAEBB131A4424... Date: Name(Print): Robert Driscoll Title: VP,Assoc.General Counsel Please sign and email to Brendan Rome at brome@axon.com or fax to Thank you for being a valued Axon customer.For your convenience on your next order,please check out our online store buy.axon.com The trademarks referenced above are the property of their respective owners. Axon Internal Use Only*** SFDC Contract#: Order Type: RMA#: Address Used: Review 1 Review 2 SO#: Comments: Q-258723-44013.533BR Protect Life. 8 DocuSign Envelope ID:962322DB-F580-4C06-A039-67199D86B662 A X / X/411116AAON Clearwater Police Dept - FL ATTENTION This order may qualify for freight shipping, please fill out the following information. What is the contact name and phone number for this shipment? What are your receiving hours? Monday-Friday) Is a dock available for this incoming shipment? Are there any delivery restrictions? (no box trucks, etc.) Q-258723-44013.533BR Protect Life. 9 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8077 Agenda Date: 8/6/2020 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: Legal Department Agenda Number: 10.2 SUBJECT/RECOMMENDATION: Confirm COVID-19 Emergency Proclamation and adopt Resolution 20-36. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/6/2020 RESOLUTION NO. 20- 36 CONFIRMATION OF COVID-19 EMERGENCY PROCLAMATIONS —August 6, 2020 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, CONFIRMING DECLARATIONS OF A STATE OF EMERGENCY; 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, extended 7 days by Mayor George N. Cretekos on March 25, extended 7 days by Mayor Frank Hibbard on April 1, confirmed by City Council in Resolution 20-14 on April 2, extended 7 days by Mayor Frank Hibbard on April 8 and April 15 and confirmed by City Council in Resolution 20-16 on April 16, extended 7 days by Mayor Frank Hibbard on April 22, April 29, and May 6 and confirmed by City Council in Resolution 20-19 on May 7, extended 7 days by Mayor Frank Hibbard on May 13 and May 20, confirmed by City Council in Resolution 20-22 on May 21, extended 7 days by Mayor Frank Hibbard on May 27 and June 3, confirmed by City Council in Resolution 20-28 on June 4, extended 7 days by Mayor Frank Hibbard on June 10 and June 17, confirmed by City Council in Resolution 20-30 on June 18, extended 7 days by Mayor Frank Hibbard on June 24, July 1, July 8, and July 15, confirmed by City Council in Resolution 20-32 on July 16, and extended 7 days by Mayor Frank Hibbard on July 22, July 29, and August 5, 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 Resolution No. 20- 36 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 H1 N1 "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 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 Resolution No. 20- 36 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, on April 16, 2020 the City Council extended for 30 days and modified those emergency measures enacted by Resolution 20-11; and WHEREAS, on April 28, 2020 Pinellas County passed Resolution 20-34, "Order Relaxing Beach Restrictions With Conditions," allowing public beaches to reopen consistent with CDC social distancing guidelines effective May 4, 2020; and WHEREAS, on April 29, 2020 Governor Ron DeSantis issued Executive Order 20- 112, ordering all persons in Florida to continue to limit their movements and personal interactions outside of their homes, and allowing restaurants to resume on-premises service with restrictions; and WHEREAS, on May 1, 2020 Pinellas County passed Resolution 20-39 "Order Clarifying Local Restrictions," which gives support to Governor DeSantis' EO 20-112, terminates Pinellas County Res. 20-20 and 20-23, but continues to restrict public playgrounds and pools, and requires social distancing; and WHEREAS, on May 1, 2020 City of Clearwater Emergency Management Director William B. Horne announced that Clearwater beaches would reopen May 4 in conjunction with Pinellas County's Res. 20-34; and WHEREAS, on May 14, 2020 Governor Ron DeSantis issued Executive Order 20- 123, initiating the full Phase 1 of his "Safe. Smart. Step-by-Step. Plan for Florida's Recovery" relaxing social distancing requirements and allowed limited reopening of businesses, including gyms and fitness centers; and WHEREAS, on May 21, 2020 the City Council adopted Resolution 20-22 terminating the emergency measures portions of Resolutions 20-11, 20-16, and 20-19, and granting the Emergency Management Director authority and flexibility to manage City facilities in response to Covid-19; and WHEREAS, on June 3, 2020 Governor Ron DeSantis issued Executive Order 20- 139, initiating Phase 2 of his"Safe. Smart. Step-by-Step. Plan for Florida's Recovery"which further relaxes social distancing guidelines, including avoiding congregating in groups larger than 50 persons, allows for restaurants, bars, and entertainment businesses to operate at 50% indoor capacity; and Resolution No. 20- 36 WHEREAS, on June 23, 2020 Pinellas County passed Ordinance 20-14 mandating, with some exceptions, that individuals wear a face covering in public indoor places, and encouraged exempt government entities to enact their own similar procedures to protect employees and members of the public; and WHEREAS, on June 25, 2020 City of Clearwater Emergency Management Director William B. Horne ordered that all persons, with some exceptions, wear a face covering in public indoor places within City of Clearwater buildings, facilities, and properties in conjunction with Pinellas County's Ord. 20-14; and WHEREAS, on June 26, 2020 the Florida Department of Business and Professional Regulation issued Executive Order 2020-09 suspending on-premises consumption of alcoholic beverages by vendors who derive more than 50% of gross revenue from sales of alcoholic beverages; and WHEREAS, on July 16, 2020 the City Council adopted Resolution 20-32 confirming extensions of the state of emergency and confirming the Emergency Management Director's face covering order; and WHEREAS, on July 29, 2020 Governor Ron DeSantis issued Executive Order 20- 179 extending prior executive orders allowing local governments to hold virtual meetings without a physical quorum, and Executive Order 20-180 extending prior executive orders suspending mortgage foreclosure and eviction final actions; and WHEREAS, as of August 6, 2020 497,181 Florida residents (502,739 total cases in Florida including non-residents), including 31,197 in Hillsborough County (including 377 deaths), 8,938 in Manatee County(including 188 deaths), 6,708 in Pasco County(including 104 deaths), and 17,202 in Pinellas County (including 467 deaths) have tested positive for COVID-19; and 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 and all emergency regulations activated under the provisions of this chapter at their next regularly scheduled meeting; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA; Resolution No. 20- 36 Section 1. The July 22, 2020 state of emergency proclamation is hereby confirmed. Section 2. The July 29, 2020 state of emergency proclamation is hereby confirmed. Section 3. The August 5, 2020 state of emergency proclamation is hereby confirmed. Section 4. This resolution shall take effect immediately. The state of emergency must be renewed in seven-day increments pursuant to § 15.07(5), Code of Ordinances. PASSED AND ADOPTED this 6th day of August, 2020. Attest: Rosemarie Call Frank Hibbard City Clerk Mayor Approved as to form: Pamela K. Akin City Attorney Resolution No. 20- 36 RESOLUTION NO. 20-36 CONFIRMATION OF COVID-19 EMERGENCY PROCLAMATIONS —August 6, 2020 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, CONFIRMING DECLARATIONS OF A STATE OF EMERGENCY AND CONFIRMING MODIFICATION OF EMERGENCY REGULATIONS; 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, extended 7 days by Mayor George N. Cretekos on March 25, extended 7 days by Mayor Frank Hibbard on April 1, confirmed by City Council in Resolution 20-14 on April 2, extended 7 days by Mayor Frank Hibbard on April 8 and April 15 and confirmed by City Council in Resolution 20-16 on April 16, extended 7 days by Mayor Frank Hibbard on April 22, April 29, and May 6 and confirmed by City Council in Resolution 20-19 on May 7, extended 7 days by Mayor Frank Hibbard on May 13 and May 20, confirmed by City Council in Resolution 20-22 on May 21, extended 7 days by Mayor Frank Hibbard on May 27 and June 3, confirmed by City Council in Resolution 20-28 on June 4, extended 7 days by Mayor Frank Hibbard on June 10 and June 17, confirmed by City Council in Resolution 20-30 on June 18, extended 7 days by Mayor Frank Hibbard on June 24, July 1, July 8, and July 15, confirmed by City Council in Resolution 20-32 on July 16, and extended 7 days by Mayor Frank Hibbard on July 22, July 29, and August 5, 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 Resolution No. 20-36 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 H1 N1 "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 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 Resolution No. 20-36 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, on April 16, 2020 the City Council extended for 30 days and modified those emergency measures enacted by Resolution 20-11; and WHEREAS, on April 28, 2020 Pinellas County passed Resolution 20-34, "Order Relaxing Beach Restrictions With Conditions," allowing public beaches to reopen consistent with CDC social distancing guidelines effective May 4, 2020; and WHEREAS, on April 29, 2020 Governor Ron DeSantis issued Executive Order 20- 112, ordering all persons in Florida to continue to limit their movements and personal interactions outside of their homes, and allowing restaurants to resume on-premises service with restrictions; and WHEREAS, on May 1, 2020 Pinellas County passed Resolution 20- 39 "Order Clarifying Local Restrictions," which gives support to Governor DeSantis' EO 20-112, terminates Pinellas County Res. 20-20 and 20-23, but continues to restrict public playgrounds and pools, and requires social distancing; and WHEREAS, on May 1, 2020 City of Clearwater Emergency Management Director William B. Horne announced that Clearwater beaches would reopen May 4 in conjunction with Pinellas County's Res. 20-34; and WHEREAS, on May 14, 2020 Governor Ron DeSantis issued Executive Order 20- 123, initiating the full Phase 1 of his "Safe. Smart. Step-by-Step. Plan for Florida's Recovery" relaxing social distancing requirements and allowed limited reopening of businesses, including gyms and fitness centers; and WHEREAS, on May 21, 2020 the City Council adopted Resolution 20-22 terminating the emergency measures portions of Resolutions 20-11, 20-16, and 20-19, and granting the Emergency Management Director authority and flexibility to manage City facilities in response to Covid-19; and WHEREAS, on June 3, 2020 Governor Ron DeSantis issued Executive Order 20- 139, initiating Phase 2 of his"Safe. Smart. Step-by-Step. Plan for Florida's Recovery"which further relaxes social distancing guidelines, including avoiding congregating in groups larger than 50 persons, allows for restaurants, bars, and entertainment businesses to operate at 50% indoor capacity; and Resolution No. 20-36 WHEREAS, on June 23, 2020 Pinellas County passed Ordinance 20-14 mandating, with some exceptions, that individuals wear a face covering in public indoor places, and encouraged exempt government entities to enact their own similar procedures to protect employees and members of the public; and WHEREAS, on June 25, 2020 City of Clearwater Emergency Management Director William B. Horne ordered that all persons, with some exceptions, wear a face covering in public indoor places within City of Clearwater buildings, facilities, and properties in conjunction with Pinellas County's Ord. 20-14; and WHEREAS, on June 26, 2020 the Florida Department of Business and Professional Regulation issued Executive Order 2020-09 suspending on-premises consumption of alcoholic beverages by vendors who derive more than 50% of gross revenue from sales of alcoholic beverages; and WHEREAS, on July 16, 2020 the City Council adopted Resolution 20-32 confirming extensions of the state of emergency and confirming the Emergency Management Director's face covering order; and WHEREAS, as of August 6, 2020 297,876 Florida residents (301,810 total cases in Florida including non-residents), including 21,018 in Hillsborough County (including 192 deaths), 5,564 in Manatee County(including 139 deaths), 4,363 in Pasco County(including 36 deaths), and 12,080 in Pinellas County (including 278 deaths) have tested positive for COVID-19; and 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 and all emergency regulations activated under the provisions of this chapter at their next regularly scheduled meeting; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA; Section 1. The July 22, 2020 state of emergency proclamation is hereby confirmed. Section 2. The July 29, 2020 state of emergency proclamation is hereby confirmed. Resolution No. 20-36 Section 3. The August 5, 2020 state of emergency proclamation is hereby confirmed. Section 4. This resolution shall take effect immediately. The state of emergency must be renewed in seven-day increments pursuant to § 15.07(5), Code of Ordinances. PASSED AND ADOPTED this 6th day of August, 2020. Attest: Rosemarie Call Frank Hibbard City Clerk Mayor Approved as to form: Pamela K. Akin City Attorney Resolution No. 20-36 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8099 Agenda Date: 8/6/2020 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: City Council Agenda Number: 10.3 SUBJECT/RECOMMENDATION: Main Library First Floor Discussion SUMMARY: Page 1 City of Clearwater Printed on 8/6/2020