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11/02/2020Monday, November 2, 2020 9:00 AM City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 Main Library - Council Chambers Council Work Session Work Session Agenda November 2, 2020Council Work Session Work Session Agenda 1. Call to Order 2. City Manager Amend the Clearwater Code of Ordinances, Chapter 2, Article III, Division 5, relating to the Downtown Development Board and pass Ordinance 9414-20 on first reading. 2.1 3. Engineering Parking System Presentation - Jeremy Alleshouse, Engineering3.1 Approve second amendment between Pinellas County and the City of Clearwater for the Joint Partnership Agreement (JPA) South Myrtle Avenue from Clearwater Largo Road to Belleair Road Sanitary Sewer Project (17-0059-UT) extending the expiration date to November 2022 and increasing estimated costs by $39,631.50, from $170,593.50 to $210,225.00, and authorize the appropriate officials to execute same. (consent) 3.2 Approve the request from City of Clearwater staff to vacate a drainage and utility easement, described as that portion of Hart Street lying north of Blocks 9 and 10 of Jones Subdivision of Nicholson Addition to Clearwater, Blocks 7, 8, 9, and 10, as recorded in Plat Book 4, Page 82, of the Public Records of Hillsborough County, of which Pinellas County was once part, less and except that portion lying within 270.6 feet of the east line of Section 9, Township 29 South, Range 15 East, also less and except the railroad rights-of-way, as recorded in Official Records Book 6626, Page 429, of the Public Records of Pinellas County, Florida, and pass Ordinance 9415-20 on first reading. 3.3 Award a construction contract to TLC Diversified, Inc., of Palmetto, Florida, in the amount of $2,497,605.00 for the Marshall St. Water Reclamation Facility Blending Tank Improvements per Invitation to Bid 18-0057-UT; approve Engineer of Record Supplemental One Work Order to Jones Edmunds and Associates in the amount of $326,634, increasing the work order total from $163,000 to $489,634; and authorize the appropriate officials to execute same. (consent) 3.4 Approve the conveyance of a Distribution Easement to Duke Energy Florida, LLC, d/b/a Duke Energy, for the installation, operation and maintenance of electric facilities from an existing Duke transformer located on City property, to a Duke pedestal located in the right-of-way, that will support a Verizon Cell pole. (consent) 3.5 4. Finance Page 2 City of Clearwater Printed on 10/28/2020 November 2, 2020Council Work Session Work Session Agenda Approve settlement of workers’ compensation claim 19000133 for payment of $112,500, inclusive of attorney fees and costs for William Nahorodny with a general release of all claims and authorize the appropriate officials to execute same. (consent) 4.1 5. Gas System Accept a Gas Utility Easement from Spileo Properties, LLC, for the construction, installation, and maintenance of gas utility facilities on real property located at 600 Alternate US Highway 19, Pinellas County, FL and adopt Resolution 20-49. 5.1 6. Police Department Approve an addendum to an agreement with Axon Enterprise, Incorporated, of Scottsdale, AZ, in the amount of $17,319, plus a contingency amount of $50,000, for interview room recording equipment and licenses, in accordance with Clearwater Code of Ordinances Section 2.564(1)(d) Other Government Entities Bids, and authorize the appropriate officials to execute same. (consent) 6.1 7. Fire Department Approve the selection of Construction Manager at Risk (CMAR) Biltmore Construction Co., Inc. of Belleair, FL, per RFQ 18-20, for Fire Station 46 (18-0028-FD) and authorize the appropriate officials to execute same. (consent) 7.1 8. Planning Provide direction on the proposed Hotel Development Agreement between Key Clearwater, LLC (property owner) and the City of Clearwater, providing for the allocation of three units from the Hotel Density Reserve under Beach by Design and confirm a second public hearing in City Council Chambers before City Council on November 19, 2020 at 6:00 p.m., or as soon thereafter as may be heard. (HDA2020-08003; 309 Coronado Drive). 8.1 Provide direction on the proposed Hotel Development Agreement between Key Clearwater, LLC (property owner) and the City of Clearwater, providing for the allocation of two units from the Hotel Density Reserve under Beach by Design and confirm a second public hearing in City Council Chambers before City Council on November 19, 2020 at 6:00 p.m., or as soon thereafter as may be heard. (HDA2020-04002; 309 Coronado Drive). 8.2 9. Marine & Aviation Page 3 City of Clearwater Printed on 10/28/2020 November 2, 2020Council Work Session Work Session Agenda Amend the Clearwater Code of Ordinances, Section 33.055, relating to the mooring, beaching and placement of vessels and pass Ordinance 9413-20 on first reading. 9.1 10. Public Utilities Authorize a purchase order to AdEdge Water Technologies, LLC of Duluth, GA for Arsenic Removal Media at Reverse Osmosis Plant 1 (RO 1), per award of Invitation to Bid 48-20, in the annual not-to exceed amount of $93,303 which includes a 5% contingency of $4,443 for the period of November 18, 2020 through November 17, 2021, with two, one-year renewal options at the City’s discretion, and authorize the appropriate officials to execute same. (consent) 10.1 Authorize the award of Invitation to Bid 49-20 Ductile Iron Pipe, Fittings, Mechanical Joint Restraints and Polyethylene Tubing, to Ferguson Waterworks of Tampa, FL in the annual not-to-exceed amount of $345,000.00 with the option for two, one-year term extensions at the City’s discretion and authorize the appropriate officials to execute same. (consent) 10.2 11. Official Records and Legislative Services Appoint one member to the Marine Advisory Board to fill the remainder of an unexpired term until March 31, 2021. 11.1 Appoint Lucas Geraldi-Smith to the Sister Cities Advisory Board, as the youth member, with term to expire October 31, 2024. 11.2 Appoint one member to the Community Development Board as the Alternate member to fill the remainder of an unexpired term through April 30, 2022. 11.3 Appoint three members to the Municipal Code Enforcement Board with terms to expire October 31, 2023 and appoint one member to fill the remainder of an unexpired term until October 31, 2021. 11.4 12. Legal Adopt Ordinance 9399-20 on second reading, annexing certain real properties whose post office addresses are 1468 Carolyn Lane and 1824 Wes Drive, all in Clearwater, Florida 33755, into the corporate limits of the city and redefining the boundary lines of the city to include said additions. 12.1 Page 4 City of Clearwater Printed on 10/28/2020 November 2, 2020Council Work Session Work Session Agenda Adopt Ordinance 9400-20 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real properties whose post office addresses are 1468 Carolyn Lane and 1824 Wes Drive, all in Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Residential Low (RL). 12.2 Adopt Ordinance 9401-20 on second reading, amending the Zoning Atlas by zoning certain real properties whose post office addresses are 1468 Carolyn Lane and 1824 Wes Drive, all in Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). 12.3 Adopt Ordinance 9402-20 on second reading, annexing certain real property whose post office address is 3142 San Bernardino Street, Clearwater, Florida 33759 into the corporate limits of the city and redefining the boundary lines of the city to include said addition. 12.4 Adopt Ordinance 9403-20 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 3142 San Bernardino Street, Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Residential Urban (RU). 12.5 Adopt Ordinance 9404-20 on second reading, amending the Zoning Atlas by zoning certain real property whose post office address is 3142 San Bernardino Street, Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). 12.6 Adopt Ordinance 9405-20 on second reading, annexing certain real property comprised of 300 feet of Elizabeth Avenue right-of-way abutting real property whose post office address is 327 David Avenue, Clearwater, Florida 33759 into the corporate limits of the city and redefining the boundary lines of the city to include said addition. 12.7 Confirm COVID-19 Emergency Proclamation and adopt Resolution 20-56.12.8 13. City Manager Verbal Reports 14. City Attorney Verbal Reports 15. Council Discussion Item City Manager/City Attorney Salary Discussion15.1 Timeline for City Manager search - Mayor Hibbard15.2 Page 5 City of Clearwater Printed on 10/28/2020 November 2, 2020Council Work Session Work Session Agenda Provide guidance to Sean Schrader in his role as the Clearwater at-large representative on the Pinellas County Noise Abatement Task Force. 15.3 16. New Business (items not on the agenda may be brought up asking they be scheduled for subsequent meetings or work sessions in accordance with Rule 1, Paragraph 2). 17. Closing Comments by Mayor 18. Adjourn 19. Presentation(s) for Council Meeting American Red Cross Presentation - Eric Corliss, Regional CEO of the Central Florida & US Virgin Islands Region 19.1 State of the City Presentation - Bill Horne, City Manager19.2 Cable Transit Concept and Project - Whit Blanton, Forward Pinellas19.3 Page 6 City of Clearwater Printed on 10/28/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8385 Agenda Date: 11/2/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: City Manager's Office Agenda Number: 2.1 SUBJECT/RECOMMENDATION: Amend the Clearwater Code of Ordinances, Chapter 2, Article III, Division 5, relating to the Downtown Development Board and pass Ordinance 9414-20 on first reading. SUMMARY: The purpose of this item is to request approval of amendments to the Clearwater code that govern the purpose, powers, and functions of the Clearwater Downtown Development Board (DDB). The Florida Legislature created the DDB on July 2, 1970 as a special tax district to assist with downtown revitalization. On June 30, 1977, the state converted governance of the DDB to local ordinance. Since that time, the DDB has existed as an independent tax district whose purpose, powers, and functions are subject to regulation by the City of Clearwater. In 2018, the DDB embarked on a project to update its purpose, policies and procedures to increase the efficiency and effectiveness of its operations. This has resulted in the adoption of an annual work plan, a new approach to budgeting, increased grant programs, updated financial policies and by-laws. There is a new commitment to outreach to property owners and businesses within the district to inform them on how to obtain funding from the DDB. Prior to the 2020 election, every property owner received a postcard notifying them of the upcoming election and inviting them to take a survey about the DDB’s programs On February 5, 2020, the DDB recommended that the City Council adopt the proposed amendments to the city code to clarify and update the DDB’s purpose, powers and functions. Portions of the current code have not been revised since the 1980’s and contain outdated language and activities that are no longer relevant to the DDB’s operations. The proposed changes align the DDB’s purpose with the 2018 Clearwater Downtown Redevelopment plan, coordinate with State law’s regarding public meetings, conflicts of interest and public notice, clarify and update elections procedures and update the DDB’s functions to require adoption of an annual work plan, the ability to convene downtown stakeholders, form partnerships, act as an aid to the City and CRA and engage in a variety of marketing activities. These changes will allow the DDB to more effectively and efficiently serve their constituents, partner with the City and the Community Redevelopment Agency. Council approval is recommended. Page 1 City of Clearwater Printed on 10/28/2020 Ordinance No. 9414-20 ORDINANCE NO. 9414-20 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA AMENDING CHAPTER 2, ARTICLE III, DIVISION 5 OF THE CLEARWATER CODE OF ORDINANCES; AMENDING DEFINITIONS; AMENDING THE STATEMENT OF POLICY AND FINDINGS OF THE DOWNTOWN DEVELOPMENT BOARD; AMENDING THE BOUNDARIES OF THE DOWNTOWN DEVELOPMENT BOARD; AMENDING REFERENDA AND ELECTIONS PROCESS HELD BY FREEHOLDERS IN THE DOWNTOWN DEVELOPMENT BOARD GEOGRAPHIC AREA; AMENDING THE ELIGIBILITY REQUIREMENTS TO VOTE IN FREEHOLDERS’ ELECTIONS; AMENDING THE BYLAWS, QUORUM, AND MEETING REQUIREMENTS FOR THE DOWNTOWN DEVELOPMENT BOARD; AMENDING THE FUNCTIONS AND POWERS OF THE DOWNTOWN DEVELOPMENT BOARD; CREATING A VOTING CONFLICT OF INTEREST REQUIREMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Florida Legislature created the Clearwater Downtown Development Board (“the DDB”) on July 2, 1970 through Ch. 70-635, Laws of Fla.; and WHEREAS, the Florida Legislature subsequently converted governance of the DDB to local ordinance on June 30, 1977 through Ch. 77-637, Laws of Fla.; and WHEREAS, the City of Clearwater (“the City”) subsequently codified the DDB’s purpose, functions, and powers in Chapter 2, Article III, Division 5 of its Code of Ordinances; and WHEREAS, the City has, from time to time, amended that part of the Code of Ordinances which governs the DDB; and WHEREAS, at its February 5, 2020 meeting the DDB recommended that the City adopt further amendments to that part of the City’s Code of Ordinances which governs the DDB; and WHEREAS, the City reviewed the proposed amendments and finds that it is in the interests of the public health, safety, morals, and welfare of the City’s residents to make certain amendments to that part of the City’s Code of Ordinances which governs the DDB; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Ordinance No. 9414-20 2 Section 1. That section 2.141, Clearwater Code of Ordinances be amended by adding the underlined language and deleting the stricken language as follows: Sec. 2.141. - Definitions. The following words, terms and phrases, when used in this division, shall have the meanings and construction ascribed to them in this section, except where the context clearly indicates a different meaning: Board means the Clearwater Downtown Development Board created pursuant to this division and any successor to its functions, authority, rights and obligations. CRA means the Community Redevelopment Agency of the City of Clearwater, Florida, created pursuant to Resolution 81-67 and Ordinances 2576-81 and 2779-82, as the same may be amended from time to time. Downtown and downtown area mean District means the area established by section 2.144 and any areas added pursuant to such section or a different area created by eliminating any portion of such area. Freeholder means any individual, corporation, or other artificial legal entity, who is an owner of real property in the downtown area District not wholly exempt from ad valorem taxation including those claiming homestead. Including shall be construed as merely introducing illustrative examples and not as limiting in any way the generality of the inclusive term. Majority with qualification means a majority of a quorum. Section 2. That section 2.143, Clearwater Code of Ordinances be amended by adding the underlined language and deleting the stricken language as follows: Sec. 2.143 – Statement of policy and findings. (1) It is the policy of the city to make it possible for the city to revitalize and preserve property values and prevent deterioration in the District by revitalizing and preserving the District as a central business district by a system of self-help to correct the blight of such deterioration as has developed there. It with places to live, work, and spend leisure time. Recognizing that property owners in the District directly benefit from such a program, it is a purpose of this division to provide the means whereby those property owners within the district and benefiting directly from the result of such a program will bear the substantial cost thereof of the program and therefore in order to solve a local problems may be solved problem on a local level. (2) The city commission council hereby declares that among the many causes of commercial blight in the downtown area are challenges that have limited Ordinance No. 9414-20 3 economic growth and development in the District include the following: Automobile traffic flow is impeded by outmoded street patterns, a proliferation of uncoordinated uses and parking areas, unsuitable topography, faulty lot layouts, fragmentation of land uses obsolete and parking areas necessitating frequent automobile movement, lack of separation of vehicle traffic lanes, railroad traffic insufficient infrastructure, insufficient availability of office space and air pollution. housing, and obsolete and substandard office space and housing. Voluntary cooperation for coordinated development has limitations because of fragmentary ownership, distant absentee ownership and, unusual conditions of title, and other conditions. (3) The downtown area is plagued with vacant and deteriorating buildings which are neglected and produce a depressing atmosphere. Similarly there is much vacant land area in the downtown area and these factors tend to combine to put the downtown area at a competitive disadvantage to modern offices and shopping centers developing in the area. These factors tend to develop an image of the downtown area which is unrepresentative of its economic vitality and out-of-place with the growth of the city, thus producing a tarnishing effect on the overall image of the city. (4)(3) The area now has few residences and many of the residences which do exist are of inferior construction which would not be permitted for new construction under the city's building code. It is in some instances a proper function of government to remove blight and blighting influences from commercial areas. The police power may be inadequate to accomplish this purpose. One effective device Effective devices for removal of the blight of the downtown area is the include: planning and implementation of planning for appropriate land use, and beautification projects, construction of new infrastructure, the continuity of planning and aesthetic and technical design concepts, and the removal of deteriorated and obsolescent obsolete structures. (4) Responsibility for the planning and implementation in the downtown area as described in the preceding subsection (4) District rests primarily with the city and the CRA. The city commission council declares that the powers of the board created by this division Board are desired to: (a) Guide Assist the city and the CRA to guide and accomplish the coordinated, balanced and harmonious development of the downtown area District in accordance with existing and future needs; (b) Promote the health, safety and general welfare of the area, and its inhabitants, visitors, property owners and workers; Serve as a voice for property owners, businesses, residents and organizations in the District; (c) Establish, maintain, and preserve aesthetic values and preserve and foster the development and display of attractiveness; Create a sense of community that supports existing businesses and residents and attracts new businesses and residents to the District; Ordinance No. 9414-20 4 (d) Prevent overcrowding and congestion; Assist the city and the CRA in implementation of the Clearwater Downtown Redevelopment Plan and any amendment or successor thereto; and (e) Improve auto traffic and provide pedestrian safety; and Assist the city and the CRA to provide a way of life which combines the conveniences and amenities of modern living with the traditions and pleasures of the past. (f) Assist the city and the CRA to provide pedestrian safety Section 3. That section 2.144, Clearwater Code of Ordinances be amended by adding the underlined language and deleting the stricken language as follows: Sec. 2.144 – Boundaries of downtown area the District. (1) Established. The downtown area District included in this division shall be all those properties which lie within the perimeter described as follows: Beginning where Jones Street ends at Clearwater Bay running east on Jones Street to Myrtle Avenue; thence south on Myrtle Avenue to Drew Street; then east on Drew Street to Prospect Street; then south on Prospect Street to Grove Street; then east on Grove Street to Greenwood Martin Luther King Jr. Avenue; then south on Greenwood Martin Luther King Jr. Avenue to Laura Street; then east to include those properties fronting on Cleveland Street to Fredrica Avenue; then south on Fredrica Avenue to the southerly boundaries of the properties fronting on Cleveland Street; then west on those southerly boundary lines to Madison Avenue; then south on Madison Avenue to vacated Park Street; then west to Washington Avenue; then south on Washington Avenue to Gould Street; then west on Gould Street to Greenwood Martin Luther King Jr. Avenue; then north on Greenwood Martin Luther King Jr. Avenue to the southerly boundary of Lots 24 and 9 of Block B of Coachman Heights Subdivision; then west on the south lot lines of Lots 24 and 9 to Ewing Avenue; then south on Ewing Avenue to Court Street; then east on Court Street to Greenwood Martin Luther King Jr. Avenue; then south on Greenwood Martin Luther King Jr. Avenue to the southerly boundaries of those properties fronting on Chestnut Street; then west on those southerly boundaries to Myrtle Avenue; then south on Myrtle Avenue to Turner Street; then west on Turner Street to East Avenue; then north on East Avenue to the southerly boundaries of those properties fronting on Chestnut Street; then west on those southerly property lines to the old ACL Railroad right-of-way; then north on that right-of-way to Chestnut Street; then west on Chestnut Street to an alley; then south on the alley to Rogers Street; then west on Rogers Street to South Fort Harrison Avenue; then north on South Fort Harrison Avenue to Chestnut Street; then west on Chestnut Street to Clearwater Bay. (2) Amendment. The board created in section 2.147 The Board shall have the power from time to time by the following procedure to alter or amend the boundaries of the downtown area District: Ordinance No. 9414-20 5 (a) The board Board shall first set a date for public hearing on the adoption of a resolution amending the description of the downtown area District and shall cause a notice of the public hearing to be published in a newspaper of general circulation published in the city, which notice shall be published four times, not less than 30 nor more than 60 days from the date of the hearing. The notice shall set forth include the date, time and place of the hearing, and shall describe the boundaries of the existing downtown area as defined in this section District and shall describe the changes to be made thereto. Additionally, the board Board shall cause to be mailed to each owner of the property Freeholder, according to the tax collector's records existing in the county, a copy of the notice as published in the paper. (b) After the public hearing, the board Board shall adopt a resolution defining the changes in the downtown area District. The board Board shall not incorporate land into the district District not included in the description contained in the notice of public hearing, but it may eliminate any lands from the proposed area. (c) A freeholders’ Freeholders’ referendum, as set out in section 2.145, shall then be held in connection with any. If additions to the area defined in this section, with District are proposed, only those voting Freeholders located in the new area being shall be eligible to vote. However, if If any deletion shall be made in the area defined in this section, then is proposed, all the freeholders Freeholders within the area defined in this section District shall be entitled eligible to vote in the freeholders' referendum. Section 4. That section 2.145, Clearwater Code of Ordinances be amended by adding the underlined language and deleting the stricken language as follows: Sec. 2.145. – Freeholders’ referenda and elections. Whenever a freeholders' referendum is required or an election of board members is necessary, such referendum or election shall be conducted as follows: (1) Except as otherwise provided in this section, Freeholders’ referenda and elections shall be governed by the bylaws adopted by the Board as amended from time to time. (1)(2) Election supervisor. For the purposes of conducting freeholders' referenda and elections, the board The Board shall use an independent entity to act as election supervisor and do all things necessary to carry out the provisions of this section, except for those functions specified in this section to be performed by the board. (2)(3) Registration from tax assessment rolls. The board shall obtain a list of the names and the last known addresses of the freeholders Freeholders in the downtown area District obtained from the tax assessment rolls of the county and such list shall constitute be used as the registration list for the purposes of any freeholders referendum, except as provided in this section. Ordinance No. 9414-20 6 (3) Notification. Notification of freeholders' referenda and elections shall be by United States mail and in addition thereby by publication one time in a newspaper of general circulation. (4) Voting. Voting shall be as provided in the by-laws of the downtown development board, which bylaws shall not be inconsistent with the provisions of this section. Within 30 days after the closing of the registration list, the election supervisor shall have a secret and direct ballot of the freeholders Freeholders. One ballot shall be allowed for each parcel of property. (5) Certification of election. Within 48 hours after holding the election, the election supervisor shall certify the results thereof to the downtown development board. Any person voting who has knowledge that he or she is not a freeholder shall be guilty of perjury and shall be prosecuted and upon conviction punished in accordance with the provisions of the laws of this state. (6)(5) Passage of division Referendum. The freeholders Freeholders shall be deemed to have approved the passage of the measure submitted to the electorate at such time as any referendum if and when the election supervisor certifies to the downtown development board Board that in excess of 50 percent of those voting were in favor of the measure referendum. For the purposes of this division, one vote shall be allowed for each parcel of property. Where a parcel of property is owned by more than one person, the Joint and several owners of the parcel shall designate a voting representative who shall cast one ballot for the parcel. If a parcel of property is owned by a corporation or other artificial legal entity, the entity shall designate a voting representative who shall case one referendum. (7) Elections after changing of boundaries. Additional freeholders' elections called after increasing or decreasing the boundaries of the downtown area in accordance with section 2.144 shall be held in accordance with the referendum provisions for initial approval of this division; provided, however, that no provision of this division shall require the approval of freeholders in an area which has previously approved of the provisions of this division by any referendum held pursuant to this section, unless there is involved a decrease in the boundaries of the downtown area. Term of service. Members of the Board shall be elected for three-year terms, with two or three members being elected each year. In any election, each qualified voter shall have the right to write in any additional person on the ballot. (8) Dissolution. The dissolution of the district, the abolition of the board Board, and the repeal of this division may be requested by a petition of the freeholders Freeholders representing at least 30 percent of the freeholders Freeholders in the downtown area District. Upon the receipt of such a the petition by the city clerk, the board Board shall consider and decide whether to take such action by resolution upon compliance with the requirements of section 189.4043, Florida Statutes have a Freeholders’ referendum on the issues of dissolution, abolition, and repeal. Ordinance No. 9414-20 7 (9) Cost of elections. The cost of elections to be and referenda held under this division shall be borne by the board Board. Section 5. That section 2.146, Clearwater Code of Ordinances be amended by adding the underlined language and deleting the stricken language as follows: Sec. 2.146. - Eligibility to vote. In order to further the policies and purposes of this division, as is specified in section 2.143, it is determined that those most directly and uniquely interested in the establishment of this division are the freeholders property owners that may have to pay taxes in connection with the establishment of this division. Therefore, only these freeholders including those with homesteads, are eligible to vote as provided in this division Freeholders are eligible to vote. Any person voting who has knowledge that he or she is not a Freeholder or designated representative of a Freeholder shall be guilty of perjury and shall be prosecuted. Section 6. That section 2.147, Clearwater Code of Ordinances be amended by adding the underlined language and deleting the stricken language as follows: Sec. 2.147. - Creation; members. (1) There is hereby created a board Board composed of seven members to be known as the Clearwater Downtown Development Board. (2) The members of the board shall be elected for three-year terms, with two or three members being elected each year, at a date specified in the bylaws. Members shall be elected by the freeholders, taking into account that if a parcel of property is owned by more than one person, a corporation or other artificial legal entity, only the designated representative may vote. In any election, each qualified voter shall have the right to write in any additional person on the ballot for each seat to be filled. Any ballot received or postmarked later than the date designated for ballots to be returned shall be null and void. Any ballot containing more votes than the number of seats to be filled shall be null and void. (3) Two board members shall be elected at each annual election except that three board members shall be elected in 1989 and every third year thereafter. For each election, a number of persons equal to not less than the number of seats to be filled, shall be nominated. The nominees receiving the greatest number of votes, depending upon the number of seats to be filled shall be elected as board members and shall serve for three-year terms. (4)(2) To qualify for service on the board Board and to remain qualified for service on it, a board Board member shall have his or her principal place of business ownership or employment in the downtown area District or shall own real property in the downtown area District. Ordinance No. 9414-20 8 (5)(3) Any vacancy in office shall be filled by majority vote of the remaining board Board members within 60 days of the vacancy and the person so appointed shall serve as a board Board member until the next annual election. Any person so appointed shall possess all the qualifications required of a board Board member. If the majority of the Board is unable to appoint someone to fill the vacancy within 60 days, the city council shall have the power to make the appointment. At the next annual election, the number of board Board members to be elected shall be increased to include the appointed position and enable the freeholders to elect a board Board member to serve the remainder of the unexpired term, if any. The nominee receiving the greatest number of votes after those elected for three-year terms shall be elected and shall serve for the remainder of the unexpired term. If the majority of the board is unable to appoint someone to fill the vacancy within 60 days, the City Commission shall have the power to make such appointment. (6)(4) Each member of the board Board shall serve without compensation for services rendered as a member, but may be reimbursed by the board Board for necessary and reasonable expenses actually incurred in the performance of duty. The board Board may require that all its members or any or all of its officers or employees be required to post bond for faithful performance of duty. The board With the exception of accounts managed for the Board by the city, the Board shall require such bond of all persons authorized to sign checks or disbursements on accounts of the board Board, and the board Board shall pay bonding costs. No member of the board Board shall be personally liable for any action taken in attempting in good faith to perform his duty or for a decision not to act, except in instances of fraud or willful neglect of duty. Section 7. That section 2.148, Clearwater Code of Ordinances be amended by adding the underlined language and deleting the stricken language as follows: Sec. 2.148. - Bylaws; quorum; officers; meetings. (1) The board Board shall formulate and may amend its own rules of procedure and written bylaws, not inconsistent with this division, by majority vote of the board Board. Among other provisions, the bylaws shall provide for conduct of referenda and elections, maintenance of funds of the Board, internal supervision and control of its accounts, maintenance of minutes and other official records, preparation and adoption of a budget, and conduct of an external audit, all in compliance with applicable laws, ordinances and regulations. (2) Four voting members of the board shall constitute a quorum for the transaction of business. No action shall be valid or binding unless adopted by the affirmative vote of the majority of all board members. (2) Four voting members of the board Board shall constitute a quorum for the transaction of business, but fewer than a quorum may adjourn from time to time and Ordinance No. 9414-20 9 may compel the attendance of absent members. All action shall be taken by vote of at least a majority of the board members. (3) The board shall select one of its members as chairperson and another as vice-chairperson, and shall prescribe their duties, powers and terms of serving. (4)(3) The board Board shall schedule regular meetings at least once a month and shall provide in its bylaws for holding special meetings. Regular meetings may be cancelled by the chairperson if there is nothing on the agenda, or there is otherwise no necessity to have a meeting. All freeholders Freeholders in the downtown area District shall be notified by mail or by public notice published in a newspaper of general circulation in the area of the time and place of all regular or and special meetings as required for public meetings by Florida law and shall have the right to attend and voice opinions at such the meetings. Section 8. That section 2.149, Clearwater Code of Ordinances be amended by adding the underlined language and deleting the stricken language as follows: Sec. 2.149. - Functions. The board shall perform the following functions: (1) The board shall not provide city governmental services, but shall act as an aid to the city and the CRA to see that such services are properly planned for the downtown area and are provided in a proper and full manner within that area. (2) The board shall assist the city and the CRA in preparing and maintaining on a current basis an analysis of the economic conditions and changes occurring in the downtown area, including the effect thereon of such factors as metropolitan growth, traffic congestion, lack of adequate parking and other access facilities, and structural obsolescence and deterioration. (3) The board shall assist the city and the CRA in formulating and maintaining on a current basis both short range and long range plans for improving the attractiveness and accessibility to the public of downtown facilities, promoting efficient use thereof, remedying the deterioration of downtown property values and developing the downtown area in general. (4) The board shall advise the city and the trustees of the CRA on policies and procedures which will succeed in bringing more businesses and residents into the downtown district and thus improve its tax base and overall economic conditions. (5) The board shall work with the CRA and the Greater Clearwater Chamber of Commerce to form a public-private partnership whose purpose is to improve the downtown tax base and overall economic conditions and to engage in activities including, but not limited to the following: Ordinance No. 9414-20 10 (a) Developing and implementing a revolving loan fund; (b) Developing a relationship with the St. Petersburg/Clearwater Economic Development Council to secure industrial revenue bonds for qualifying companies; (c) Developing and implementing a business relocation assistance program to enable smaller firms to relocate and improve their newly leased space; (d) Developing a cooperative effort with the Federal Small Business Administration to provide additional loan services; (e) Interfacing with Job Service of Florida to encourage hiring of the unemployed; (f) Developing and implementing a collaborative procedure to follow-up on inquiries obtaining from a new business recruiting program; (g) Developing an incentive package geared to the needs of present businesses thinking of moving out of the area; and (h) Seeking energy credits and discounts from utilities for businesses which increase employment levels or occupy vacant building space. (6) The board shall recommend policies and procedures which will lead to tax revenue growth through the enhancement of existing businesses (retention) and relocation of new businesses (recruitment). Such recommendations might include but are not limited to issues such as: (a) Zoning and land use code adjustments; (b) Variances and the way they are granted or refused; (c) Beautification and standards for building and lot maintenance; (d)Assistance in qualifying for and obtaining state and federal monies; and (e) Identifying legitimate needs of present or prospective businesses in the district which can be addressed by either the public or private sector. Such needs might include: parking, signage and other aspects of traffic flow and traffic enforcement, police or other aspects of public safety, individual need for room or working capital for expansion purposes or other aspects of business enterprise. (7) The board shall plan, fund and implement marketing activities to the limit of its available financial resources in support of the city's downtown development plan. Such activities might include but are not limited to: Ordinance No. 9414-20 11 (a) Assisting in the periodic updating of a space inventory for the downtown district; (b) Survey research of downtown freeholders and businesses to determine needs and attitudes, to monitor progress, to evaluate success or failure of initiatives; (c) Sponsoring community events to encourage public attendance at such events and support of downtown merchants; (d) Preparing and distributing public relations pieces such as, but not limited to, brochures and videos; (e) Cooperating with the Chamber of Commerce, the Convention and Visitors Bureau, and all others interested in promoting the district as a tourist destination; and (f) Planning and conducting tours of historic sites in the district. (8)The board may carry on such additional lawful projects and undertakings related to the downtown area as the city commission or the trustees of the CRA may request. (1) The Board shall perform the following functions: (a) Adopt an annual budget and accompanying work plan for the purpose of identifying means to achieve the goals and purposes of this ordinance. (b) Convene Freeholders, businesses, residents, and other District stakeholders to establish a shared vision for District redevelopment and preservation. (2) From time to time as the Board deems necessary, the Board shall not provide city governmental services but shall perform the following functions: (a) Act as an aid to the city and the CRA to see that governmental services are properly planned for and are provided in a proper in the District. (b) Assist the city and the CRA in formulating and maintaining on a current basis both short-range and long-range plans for the District. (c) Advise the city and the CRA on policies and procedures to support existing businesses and bring more businesses and residents into the District, thus improving the District’s tax base and overall economic conditions. (d) Enter into public-private partnerships whose purpose is to improve the District tax base and overall economic conditions. (e) Plan, fund, and implement marketing activities. Ordinance No. 9414-20 12 (f) Such additional lawful projects and undertakings related to the District as the city council or the CRA trustees may request, projects identified in adopted plans, and other activities that will improve the tax base or revitalize and preserve the District. Section 9. That section 2.150, Clearwater Code of Ordinances be amended by adding the underlined language and deleting the stricken language as follows: Sec. 2.150. - Powers. In the performance of the functions vested in or assigned to the board Board under section 2.150, the board Board is hereby granted the power to: (1) Enter into contracts and agreements to accomplish the functions set forth in section 2.149, and sue and be sued as a body corporate; (2) Have and use a corporate seal; Receive revenues from any lawful source, including but not limited to, revenues from any property or facility owned, leased, licensed, or operated by it or under its control; (3) Accept grants and donations of any type of property, labor, or other thing of value from any public or private source; (4) Receive the proceeds of the tax imposed by this division; (5) Have exclusive control of funds legally available to it, subject to limitations imposed upon it by law or by any agreement validly entered into by it; (6) Cooperate and enter into agreements with other governmental agencies or other public bodies, except that nothing in this division shall be construed as authorization to initiate a federally subsidized urban renewal program and any such urban renewal program is hereby specifically prohibited. Section 10. That section 2.151, Clearwater Code of Ordinances be amended by adding the underlined language and deleting the stricken language as follows: Sec. 2.151. - Levy of ad valorem tax. For the fiscal year to be specified in the bylaws beginning after the approval of this division by the freeholders Freeholders, the county shall levy an ad valorem tax in addition to all other ad valorem taxes that may be levied annually by the county on all properties within the area described in section 2.144 the District, except those properties qualifying for homestead exemption, and shall administer such levy as a special taxing district levy authorized by freeholders Freeholders’ vote under the Florida Constitution, art. VII, § 9. The rate shall not exceed one mill on each dollar of tax base and the downtown development board Board shall establish its budget for the coming Ordinance No. 9414-20 13 fiscal year prior to the time the tax collector of the county shall prepare the tax bills and communicate by written notice to the county tax assessor what millage rate, within the one-mill limit, shall be in effect for each year's billing; provided, however, that the one- mill limitation can be increased in a freeholders Freeholders’ referendum called by the board Board and held in accordance with section 2.145. Such a The referendum shall be solely on the question of any increase in millage and shall not be construed to be a repeal of the original referendum. Section 11. That section 2.153, Clearwater Code of Ordinances be amended by adding the underlined language and deleting the stricken language as follows: Sec. 2.153. - Records and fiscal management Conflicts of Interest. (1) The funds of the board shall be maintained under a separate account and shall be used for the purposes authorized in this division and shall be distributed only by direction of or with the approval of the board pursuant to requisitions signed by the director or other designated chief fiscal officer of the board and countersigned by at least one other person who shall be a member of the board. (2) The board bylaws shall provide for maintenance of minutes and other official records of its proceedings and actions, for preparation and adoption of an annual budget for each ensuing fiscal year, for internal supervision and control of its accounts, which function the appropriate city fiscal officers may perform at the board's request, and for an external audit at least annually by an independent certified public accountant who has no personal interest, directly or indirectly, in its fiscal affairs. A copy of the external audit shall be filed with the city clerk within 90 days after the end of each fiscal year. The bylaws shall specify the means by which each of these functions is to be performed and, as to those functions assigned to board personnel, the manner and schedule of performance. (3) No member or employee of the board shall participate by vote or otherwise on behalf of the board in any matter in which he has a direct financial interest or an indirect financial interest other than of the benefits to be derived generally from the development of the downtown area. Participation with knowledge of such interest shall constitute malfeasance and shall result, as regards a member, in automatic forfeiture of office, or as regards an employee, in prompt dismissal. Voting conflicts shall be governed by § 112.3143, Fla. Stat. Section 12. That section 2.155, Clearwater Code of Ordinances be amended by adding the underlined language and deleting the stricken language as follows: Sec. 2.155. - Transfer of property upon cessation of the board Board. Should the board Board cease to exist or to operate for whatever reason, all property of whatever kind shall forthwith become the property of the city, subject to the Ordinance No. 9414-20 14 outstanding obligations of the board Board incurred in conformity with all of the provisions of this division, and the city shall use this property to the maximum extent then practicable for effectuating the purposes hereof and shall succeed to and exercise only such powers of the board Board as shall be necessary to meet outstanding obligations of the board Board and effect an orderly cessation of its powers and functions; however, under no circumstances shall the city directly or indirectly be obligated to pledge or use any of its tax monies to accomplish these functions. Section 13. Should any of the clauses, sentences, paragraphs, sections or parts of this Ordinance be deemed invalid, unconstitutional, or unenforceable by a court of law or administrative agency with jurisdiction over the matter, such action shall not be construed to affect any other valid portion of this Ordinance. Section 14. 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 P. Fuino Rosemarie Call Assistant City Attorney City Clerk Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8415 Agenda Date: 11/2/2020 Status: Agenda ReadyVersion: 1 File Type: PresentationIn Control: Engineering Department Agenda Number: 3.1 SUBJECT/RECOMMENDATION: Parking System Presentation - Jeremy Alleshouse, Engineering SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 10/28/2020 |1CITY OF CLEARWATER Parking System 2020 |2CITY OF CLEARWATER 1 The “Why” 2 Philosophy 3 Best Practices 4 Two systems? 5 Financials 6 Where does it go? 7 Looking Ahead 8 Questions? Why, Why, Why? •July 23, 2019 – Pinellas County tourism Shattering records- ABC Action News |4CITY OF CLEARWATER Philosophy Dr. Donald Shoup’s “The High Cost of Free Parking” Philosophy •Unrestricted “Free” Parking is Bad for Business •Metered On-street Parking Promotes Turnover •Off-street Parking Cost < On-street Philosophy •Equitable Enforcement •Promotes Compliance •Public Safety Service •Alters Behavior |7CITY OF CLEARWATER Best Practices •Rate Structure •On-street should be more than off-street •Must be enough to “control the curb” •Should be comparable to similar municipalities •Can vary throughout the system |8CITY OF CLEARWATER Best Practices •Enforcement •When is enforcement needed? •Must balance staffing levels with enforcement demand •Must be a real and visible deterrent |9CITY OF CLEARWATER Best Practices •Technology Advances in Parking •License Plate Readers(LPR) •Increase efficiency •Allow for virtual permits •Eliminate pay and display |10CITY OF CLEARWATER Best Practices •Technology Advances in Parking •Pay Parking with ParkMobile •Multi-space pay stations eliminate multiple meters Beach Considerations •450 On-Street Spaces - $3.50Hr •1,562 Off-Street Spaces (Lots & Garage) - $3.00Hr* •*Beach Marina Business Only - $1.00Hr A Tale of Two Parking Systems Beach Considerations (cont.) •High Demand •Limited Space for Additional Parking •Conflicting Needs •Residents / Tourists •Business Owners / Employees A Tale of Two Parking Systems Beach Considerations (cont.) •System should be uniform, equitable, and easy to understand •How do you manage expectations when everyone wants the prime space? •If you make exceptions, you must be consistent A Tale of Two Parking Systems A Tale of Two Parking Systems Downtown Considerations •292 On-Street Spaces - Up to $0.50Hr* •835 Off-Street Spaces (Lots & Garages) - $0.50Hr •Principal Stake Holders •Business Owners •Employees •Residents A Tale of Two Parking Systems Downtown Considerations (cont.) •Demand limited to certain times •Greatly impacted by pandemic •What impact will Imagine Clearwater have? •What will future development bring? •How to incentivize increased foot traffic A Tale of Two Parking Systems Downtown Considerations (Cont.) •At the very least, a revenue neutral system is desired •Single-space meters are at end of life •Revenue is low so multi-space pay stations are not cost effective •Still need to promote turn over and encourage use of garages for longer stays A Tale of Two Parking Systems Downtown Considerations (Cont.) Parking Citation Revenue FY 17-18 FY 18-19 FY 19-20 Yearly $ 710,734 $ 891,670 $ 747,324 Downtown Revenue FY 17/18 FY 18/19 FY 19/20 Yearly $299,957 $313,481 $466,059 Beach Revenue FY 17/18 FY 18/19 FY 19/20 Yearly $5,462,139 $5,855,726 $6,497,698 Total Rev.$6,472,830 $7,060,877 $7,711,081 Where Does the Money Go? 2019 Citation Revenue - $1M •$5 per paid citation funds crossing guards: $156K •$10 per appealed ticket court fee: $2K •Enforcement expenses: $694K •Balance to the General Fund*:$197K •* Parking System does not profit from citations Where Does the Money Go? 2019 Beach & Downtown Revenue •Jolly Trolley: $312K •Beach Guards: $1M •Sunsets @ Pier 60: $22K •Beach Cleaning & Misc Support: $877K Where Does the Money Go? 2019 Beach & Downtown Revenue •5.5% Payment in Lieu of Taxes:$400K •Personnel:$2.1M •Capital Improvements:$400K •Operational Contracts & Exp.: $500K Looking Ahead •Downtown Specific •Implement ParkMobile and timed zones •What should our rate structure look like downtown; now and in the future •Balance: Controlling the Curb v. Affordability Looking Ahead •Downtown Specific (Cont.) •Downtown Parking is a part of successful Traffic Management Plan •Where will a new Garage go Downtown? •Ft. Harrison & Park St. as a component of a new City Hall Complex? •Ongoing analysis of a constantly evolving area •Imagine Clearwater •Proposed Cleveland Street Changes Looking Ahead •Beach Specific •Look for Innovative ways to increase use of North Beach Parking Plaza •When “our” floors aren't occupied, we lose money •Pros/ Cons of moving Beach Employee Permits to NBPP Looking Ahead •Beach Marina •What about a Garage? •What Size Facility will fit on that footprint •How many spaces are justified? •Current Industry Standard = $25K per space to build •Displacement Plan •How Long? Looking Ahead •System Wide •Propose Fine Adjustment (Ord. Change) •Fine Disproportionate to Parking Fees •Fine amount that meets operational needs Looking Ahead •System Wide (cont.) •Comprehensive 10-year maintenance program for garages •Working with Walker Consultants (parking centered firm) to develop and implement •Industry go-by: $50 per space per year for continuous improvements Looking Ahead •System Wide (Cont.) •Comprehensive Signage Project to Identify ALL city Parking Facilities •Improve Traffic Flow •Better for Environment •Decrease Driver Anxiety Looking Ahead •System Wide (Cont.) •Sustainability •E.V. charging stations throughout our system •Electric/ hybrid enforcement vehicles •Retrofit lighting with energy efficient led fixtures •Would any of our facilities benefit from solar energy? Looking Ahead For Council •Ordinance Amendment(s) •Codify existing procedures in ordinance •Back-in parking / opposing traffic/ EV spaces •Parking citation fine increase •Update existing language to address new technology •Pay stations replacing meters |31CITY OF CLEARWATER Parking System 2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8357 Agenda Date: 11/2/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 3.2 SUBJECT/RECOMMENDATION: Approve second amendment between Pinellas County and the City of Clearwater for the Joint Partnership Agreement (JPA) South Myrtle Avenue from Clearwater Largo Road to Belleair Road Sanitary Sewer Project (17-0059-UT) extending the expiration date to November 2022 and increasing estimated costs by $39,631.50, from $170,593.50 to $210,225.00, and authorize the appropriate officials to execute same. (consent) SUMMARY: Pinellas County intends to improve the stormwater system along South Myrtle Avenue from Clearwater Largo Road to Belleair Road. This construction will necessitate the relocation or adjustment of the City’s sanitary sewer system within the project limits in Pinellas County right-of-way (ROW). The County has expanded the limits of proposed stormwater improvements, adding design time and increased estimated construction costs to the project. April 4, 2018, City Council approved the original JPA in the amount of $141,510.60 with completion by October of 2018. April 4, 2019 City Council approved a first amendment, JPA extension to December 2020 and an increase in estimated costs by $29,082.90 for a total of $170,593.50. The Project engineer of record (EOR) has provided a revised cost estimate of $210,225.00 increasing the project by $39,631.50, due to additional city utility relocations required for the project. Pinellas County will receive competitive bids for the stormwater system improvement and utility relocation work and award the contract to the lowest responsible bidder. Final costs will be determined by the contractor’s bid. The City will be advised of the actual contract bid costs and be given the opportunity to reject the bid if deemed excessive. APPROPRIATION CODE AND AMOUNT: 3277327-563800-96634 $ 39,631.50 Funds are available in Utility Renewal and Replacement Project 96634, Sanitary Utility Relocation Accommodations, to fund the increase. Page 1 City of Clearwater Printed on 10/28/2020 1 SECOND AMENDMENT BETWEEN THE CITY OF CLEARWATER AND PINELLAS COUNTY FOR THE JOINT PROJECT AGREEMENT: SOUTH MYRTLE AVENUE DRAINAGE IMPROVEMENTS FROM CLEARWATER LARGO ROAD TO BELLEAIR ROAD THIS SECOND AMENDMENT is made and entered into on this _____ day of _________________, 2020, by and between PINELLAS COUNTY, a public corporation of the State of Florida whose address is 315 Court Street, Clearwater, FL 33756, hereinafter referred to as the "COUNTY," and the City of Clearwater, a municipal corporation of the State of Florida, whose address is 100 South Myrtle Avenue, Clearwater, Florida, 33756, hereinafter referred to as the "CITY", collectively the “Parties.” WITNESSETH: WHEREAS, the COUNTY will be constructing a capital improvement project from Clearwater-Largo Road to Belleair Road, referred to as the South Myrtle Avenue Drainage Improvements (the “Project”); WHEREAS, the COUNTY and the CITY previously entered into an agreement on April 30, 2018, hereinafter referred to as the “Agreement”, to provide funding for the CITY’s Utility Work to be completed by the COUNTY’s contractor as part of construction of the Project; WHEREAS, Section 11 of the Agreement provides that the Agreement may be amended where agreed to in writing by the Parties; WHEREAS, to extend the term of the Agreement, the Parties entered into a first amendment to the Agreement (the “First Amendment”) on April 25, 2019; WHEREAS, both the COUNTY and the CITY desire to extend the term of the Agreement again; WHEREAS, the COUNTY has expanded the Project scope to include approximately one thousand one hundred forty-five (1,145) feet of road reconstruction beyond the original proposed intersection improvements; WHEREAS, the CITY has revised and increased the engineering estimate of preliminary Utility Work cost. NOW THEREFORE, in consideration of the mutual terms, covenants and conditions contained herein, the Parties agree to amend the Agreement as follows: 1. Section 2 Funding Paragraph 2.2 is hereby amended as follows: 2 2.2 The CITY hereby certifies that funding for the preliminary estimated Utility Work cost (Exhibit A – Second Amendment) of One Hundred Sixty-Eight Thousand One Hundred Eighty and 00/100 Dollars ($168,180.00), plus 5% for COUNTY construction/contract administration/compaction and backfill testing costs of Eight Thousand Four Hundred Nine and 00/100 Dollars ($8,409.00), with an additional amount for Unspecified Work of Thirty-Three Thousand Six Hundred Thirty-Six and 00/100 Dollars ($33,636.00), for a total cost of Two Hundred Ten Thousand Two Hundred Twenty-Five and 00/100 Dollars ($210,225.00), has been appropriated and is available for deposit into an interest bearing escrow account for the purpose of payments by the County to the contractor on the City’s behalf. The deposit will be due to the County no later than thirty (30) days from the date of Notification of the County’s intent to award the construction contract. If the Utility Work option portion of the contractor’s bid selected by the County for performance of the Utility Work exceeds the amount of the preliminary estimated Utility Work, then subject to and in accordance with the limitations and conditions established by Subparagraph 2.1 hereof regarding the City’s option to remove the Utility Work, the City will deposit an amount with the County which equals the total option item plus 5% of that amount for County construction/contract administration/compaction and backfill testing. Interest will accrue on the deposit balance and be used toward the cost of the Utility Work. In the event the final, actual cost of the Utility Work is less than the amount the City deposited, including all interest earned, but excluding the 5% for County construction/contract administration/compaction and backfill testing of the actual construction costs, the County will reimburse the City any excess escrow account funds. Should contract modifications occur that increase the cost of the Utility Work, or the estimated quantities of items provided by the City in Exhibit A are exceeded, the City will be notified by the County accordingly. The City will pay the County within thirty (30) calendar days of notification by the County to ensure that cash on deposit with the County is sufficient to fully fund the cost of the Utility Work. The County shall notify the City as soon as it becomes apparent the actual costs will overrun the award amount, and the City shall pay for the cost overruns (plus 5% administrative fee) within thirty (30) calendar days of notification by the County. However, failure of the County to so notify the City shall not relieve the City from its obligation to pay for the full cost of the Utility Work. All deposits due to the County referenced in Section 2.2 above shall be mailed to: Finance Division Accounts Receivable Pinellas County Board of County Commissioners P. O. Box 2438 Clearwater, FL 33757 3 2. The due dates in Section 3 Joint Project Activities, Paragraph 3.1 and Paragraph 3.3, as applicable, are extended to January 8, 2021. 3. Section 17. Agreement Term is hereby amended in its entirety as follows: The term of this Agreement shall commence upon execution of this Agreement by the Parties and shall terminate after completion and acceptance of the Utility Work and upon final payment in accordance with the provisions of Paragraph 31.14 of this Agreement. If the County fails to issue a Notice to Proceed to a contractor for the Project within 730 days from the date of full execution of the SECOND AMENDMENT to this Agreement, the Agreement shall be deemed terminated and any payments made by the CITY to the COUNTY shall be refunded in full by the COUNTY within 30 days. 4. Except as changed or modified by this SECOND AMENDMENT, all provisions and conditions of the Agreement shall remain in full force and effect. 4 IN WITNESS WHEREOF, the Parties have caused these presents to be duly executed, as of the day and year first above-mentioned. CITY OF CLEARWATER, PINELLAS COUNTY, FLORIDA, a a municipal corporation political subdivision of the State of of the State of Florida Florida, by and through its County Administrator By: By: William B. Horne, II, City Manager Barry A. Burton, County Administrator By: Frank Hibbard, Mayor ATTEST: By: Rosemarie Call, City Clerk Date: _____________________________ REVIEWED AND APPROVED: APPROVED AS TO FORM: By: By: Owen Kohler, Assistant City Attorney Office of the County Attorney FIRST AMENDMENT BETWEEN THE CITY OF CLEARWATER AND PINELLAS COUNTY FOR THE JOINT PROJECT AGREEMENT: SOUTH MYRTLE AVENUE DRAINAGE IMPROVEMENTS FROM CLEARWATER LARGO ROAD TO BELLEAIR ROAD THIS FIRST AMENDMENT is made and entered into on this _____ day of _________________, 2019, by and between PINELLAS COUNTY, a public corporation of the State of Florida whose address is 315 Court Street, Clearwater, FL 33756, hereinafter referred to as the "COUNTY," and the City of Clearwater, a municipal corporation of the State of Florida, whose address is 100 South Myrtle Avenue, Clearwater, Florida, 33756, hereinafter referred to as the "CITY", collectively Parties. WITNESSETH: WHEREAS, the COUNTY will be constructing a capital improvement program plan referred to as South Myrtle Avenue Drainage Improvements, from Clearwater Largo Road to Belleair Road “Project”; and WHEREAS, the COUNTY and the CITY previously entered into an agreement on April 30, 2018, hereinafter referred to as the Agreement, to provide funding for the CITY’s Utility Work to be completed by the COUNTY’s contractor as part of construction of the Project; and WHEREAS, Section 11 of the Agreement provides that the Agreement may be amended where agreed to in writing by the Parties; and WHEREAS, both the COUNTY and the CITY desire to extend the Agreement duration. WHEREAS, the CITY has revised and increased the engineering estimate of preliminary Utility Work cost. NOW THEREFORE, in consideration of the mutual terms, covenants and conditions contained herein, the parties agree as follows: 1. Section 2 Funding Paragraph 2.2 is hereby amended as follows: The City hereby certifies that funding for the preliminary estimated Utility Work cost (Exhibit A – First Amendment) of One Hundred Sixty Two Thousand Four Hundred Seventy Dollars ($162,470.00), plus 5% for County construction/contract administration/compaction and backfill testing costs of Eight Thousand One Hundred Twenty Three and 50/100 Dollars ($8,123.50), for a total cost of One Hundred Seventy Thousand Five Hundred Ninety Three and 50/100 Dollars ($170,593.50). 1 2. Section 3 Joint Project Activities Paragraph 3.1 and Paragraph 3.3 due date is revised to June 1, 2019. 3. Section 17. Agreement Term is hereby amended in its entirety as follows: If the County fails to issue a Notice to Proceed to a contractor for the Project within 730 days from the date of full execution of this FIRST AMENDMENT by the Parties, the Agreement shall be deemed terminated and any payments made by the CITY to the COUNTY shall be refunded in full by the COUNTY within 30 days. 4. Except as changed or modified by this FIRST AMENDMENT, all provisions and conditions of the Agreement shall remain in full force and effect. 2 JOINT PROJECT AGREEMENT UTILITY INSTALLATION BY ROADWAY CONTRACTOR PROJECT NAME: South Myrtle Avenue Drainage Improvements from Clearwater Largo Road to Belleair Road PROJECT LIMITS: Clearwater Largo Road to Belleair Road PROJECT NO.: 002434A THIS JOINT PROJECT AGREEMENT (Agreement) made and entered into on the _ day of , 2018, by and between Pinellas County, a political subdivision of the State of Florida, hereinafter called the "County", and the City of Clearwater, Florida, a municipal corporation of the State ofFlorida, hereinafter called the "City" (collectively, Parties). WITNESSETH, That: WHEREAS, the County intends to construct drainage improvements on South Myrtle Avenue from Clearwater Largo Road to Belleair Road (County Project No. 002434A or Project), which will call for the adjustment, relocation and/or installation of the City's utility facilities along, over and/or under the Project (Utility Work); and WHEREAS, the County's plans for the Project have been reviewed by the City and the City has had the opportunity for input into said plans; and WHEREAS, the County and the City have determined that it would be to the best interest of the general public and to the economic advantage of both Parties to enter into this Joint Project Agreement for the Utility Work to be accomplished by the County's contractor as part of the construction of the Project; and WHEREAS, the City has expressed its desire to assume all reasonable and necessary costs to be incurred for this Utility Work and has requested to County to include in said Project certain plans and specifications to meet the City's needs. NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00) each to the other in hand paid, the receipt whereof is hereby acknowledged, and in further consideration of the mutual covenants hereinafter contained, it is agreed by the Parties as follows: I.Utility Work The City's Utility Work within the limits of the Project is more specifically described as the replacement, relocation or adjustment of approximately 500 linear feet of eight inch (8") PVC Sanitary Sewer that is in conflict with the proposed intersection construction improvements as part of County PID No. 002434A, located on South Myrtle Avenue from Clearwater Largo Road to Belleair Road. [A04-0131 l /215675/1] IN WITNESS WHEREOF the Parties hereto have caused this Agreement to be executed by their duly authorized representatives on the day and date first above written CITY OF CLEARWATER, FLORIDA, A municipal corporation and political subdivision of the State of Florida By: -qe.ot\f')('r('\(t.o S ATTEST: George N. Cretekos Mayor Approved as to form: s,, o�t-YfOwen B:ohler �ssistantCity Attorney OFFICIAL CITY SEAL [A04-01311 nl5675/l] PINELLAS COUNTY, FLORIDA by and through the County Administrator By:������������ Mark S. Woodard, County Administrator ·APPROVED AS TO FORM Office of the County Attorney BELLEAIR RD WYATT ST HOWARD ST EWING AVE TILLEY AVE S MARTIN LUTHER KING, JR. AVE HALL ST SCRANTON AVE C L E A R W A T E R-L A R G O R D S PROSPECT AVE MILLER AVE HAWKINS ST PONCE DE LEON BLVD SENECA ST S F O R T H A R RIS O N A V E SMITH ST CARMEL ST S MYRTLE AVE B RYA N T ST CAMPBELL ST EWING AVE TILLEY AVE S MYRTLE AVE LOCATION MAP ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com PROJECTAREA CRM T_K N.T.S.322A 27-29-1609-30-2020Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: SOUTH MYRTLE AVE FROMCLEARWATER-LARGO ROAD to BELLEAIR ROADSANITARY SEWER PROJECT #17-0059-UT Document Path: C:\Users\Christopher.Melone\City of Clearwater\Engineering Geographic Technology - Documents\GIS\Engineering\Location Maps\JPA S Myrtle Ave 8 PVC San Sewer Proj _17-0059-UT.mxdC.S.X. RAI LROADCITY OF CLEARWATER PINELLAS COUNTY Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: Ord #9415-20 Agenda Date: 11/2/2020 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Engineering Department Agenda Number: 3.3 SUBJECT/RECOMMENDATION: Approve the request from City of Clearwater staff to vacate a drainage and utility easement, described as that portion of Hart Street lying north of Blocks 9 and 10 of Jones Subdivision of Nicholson Addition to Clearwater, Blocks 7, 8, 9, and 10, as recorded in Plat Book 4, Page 82, of the Public Records of Hillsborough County, of which Pinellas County was once part, less and except that portion lying within 270.6 feet of the east line of Section 9, Township 29 South, Range 15 East, also less and except the railroad rights-of-way, as recorded in Official Records Book 6626, Page 429, of the Public Records of Pinellas County, Florida, and pass Ordinance 9415-20 on first reading. SUMMARY: Staff recommends the vacation of the drainage and utility easement. Said easement is not necessary for municipal use and it is deemed to be in the best interest of the City and the general public that the same be vacated. Page 1 City of Clearwater Printed on 10/28/2020 1 Ord. No. 9415-20 ORDINANCE NO. 9415-20 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING A DRAINAGE AND UTILITY EASEMENT, DESCRIBED AS THAT PORTION OF HART STREET LYING NORTH OF BLOCKS 9 AND 10 OF JONES SUBDIVISION OF NICHOLSON ADDITION TO CLEARWATER, BLOCKS 7, 8, 9, AND 10 AS RECORDED IN PLAT BOOK 4, PAGE 82, OF THE PUBLIC RECORDS OF HILLSBOROUGH COUNTY, OF WHICH PINELLAS COUNTY WAS ONCE A PART, LESS AND EXCEPT THAT PORTION LYING WITHIN 270.6 FEET OF THE EAST LINE OF SECTION 9, TOWNSHIP 29 SOUTH, RANGE 15 EAST, ALSO LESS AND EXCEPT THE RAILROAD RIGHTS-OF- WAY, AS RECORDED IN OFFICIAL RECORDS BOOK 6626, PAGE 429, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA: PROVIDING AN EFFECTIVE DATE. WHEREAS, the City, owner in fee title of real property described and depicted in Exhibit “A”, attached hereto and incorporated herein, finds it appropriate to vacate said drainage and utility easement with no effect upon said fee interest; and WHEREAS, the City Council of the City of Clearwater, Florida finds that said drainage and utility easement is not necessary for municipal use and it is deemed to be in the best interest of the City and the general public that the same be vacated; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: The drainage and utility easement described as follows: See Exhibit “A” is hereby vacated, closed and released, subject to the City of Clearwater’s fee interest in the underlying land, which is expressly reserved and unaffected by this vacation. 2 Ord. No. 9415-20 Section 2. The City Clerk shall record this ordinance in the Public Records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING ________________________________ PASSED ON SECOND AND FINAL READING AND ADOPTED ________________________________ ________________________________ Frank Hibbard Mayor Approved as to form: Attest: ________________________________ ________________________________ Laura Lipowski Mahony Rosemarie Call Senior Assistant City Attorney City Clerk HART STREET HART AVENUE (PLAT) 60' Right-of-Way MYRTLE AVENUERight-of-Way VariesJones Subdivision of Nicholson Addition to Clearwater Hillsborough Plat Book 4, Page 82 Block "9"Block "10" Hart's Addition to Clearwater Harbor Plat Book H1, Page 94 Block "1" ALLEY WIDTH NOT DIMENSIONED ALLEY WIDTH NOT DIMENSIONED RAILROAD30' Right-of-Way(DB 71, PG 143)VACATED HART STREET HART AVENUE (PLAT) Drainage and Utility Easement Retained Per (OR 6626, PG 429)VACATED EAST AVENUEEAST STREET (PLAT)50' Right-of-Way(OR 20366, PG 2177)Jones Subdivision of Nicholson Addition to Clearwater Hillsborough Plat Book 4, Page 82BLANCHE B LITTLEJOHN TRAILRight-of-Way VariesLess and Except 270.6'East line of Sec 09-29S-15EProposed Easement Vacation Less and Except Railroad Right-of-Way The vacation of a Drainage and Utility Easement, as recorded in Official Records Book 6626, Page 429, of the Public Records of Pinellas County, FL, described as follows: That portion of Hart Street lying North of Blocks 9 and 10 of Jones Subdivision of Nicholson Addition to Clearwater Blocks 7, 8, 9 and 10, as recorded in Plat Book 4, Page 82, of the Public Records of Hillsborough County, of which Pinellas County was once a part, less and except that portion lying within 270.6 feet of the East line of Section 9, Township 29 South, Range 15 East, also less and except the railroad rights-of-way. CITY OF CLEARWATER ENGINEERING DEPARTMENT DRAWN BY CHECKED BY DATE DRAWN SEC-TWNSP-RNG DWG. NO.SHEET OFExhibit "A" Proposed Drainage and Utility Easement VacationJim Benwell 09/30/2020 Lgl_2020-14 1 1 09 29 S 15 E Legal Description JONES ST N MYRTLE AVE HART ST BLANCHE B LITTLEJOHN TRL HART ST 606614310 410 404 504 408 400 402 406 AERIAL MAP ² N.T.S.Scale: Document Path: C:\Users\Kieffer.Nyland\City of Clearwater\Engineering Geographic Technology - Location Maps\Hart_Street_EasementVacation.mxd Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com Proposed Drainage and Utility Easement Vacationof Hart Street Page 1 of 1Aerial Flown 2019 Date:10/9/2020KNMap Gen By: PROPOSED EASEMENT VACATION RBReviewed By:277bGrid #:9-29s-15eS-T-R: Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8360 Agenda Date: 11/2/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 3.4 SUBJECT/RECOMMENDATION: Award a construction contract to TLC Diversified, Inc., of Palmetto, Florida, in the amount of $2,497,605.00 for the Marshall St. Water Reclamation Facility Blending Tank Improvements per Invitation to Bid 18-0057-UT; approve Engineer of Record Supplemental One Work Order to Jones Edmunds and Associates in the amount of $326,634, increasing the work order total from $163,000 to $489,634; and authorize the appropriate officials to execute same. (consent) SUMMARY: The structural supports, piping, and other key components of the Marshall Street WRF (MS WRF) blending tank are in poor condition and reaching the end of their useful life. The purpose of this project is to perform necessary repairs and improvements that will increase the flexibility, reliability, and efficiency of the MS WRF blending tank and pump station. The project includes replacing the tank stairs, walkways, and three dewatering feed pumps, installation of a new mixer, tank cover, and truck off-loading station, and the accompanying mechanical, electrical, instrumentation, and controls components. August 19, 2020, Engineering issued Invitation to Bid 18-0057-UT for the MS WRF Blending Tank Improvements project (project #18-0057-UT), which closed on October 7, 2020. Six bids were received and TLC Diversified, Inc. of Florida (TLC) was the lowest responsible bidder in accordance with plans and specifications. Engineer of Record (EOR) Jones Edmunds and Associates (JEA) evaluated the bids and recommends awarding the contract to TLC. April 4, 2019, City Council approved an initial work order to EOR JEA for design, permitting, and bidding services for the MS WRF Blending Tank Improvements project in the amount of $163,000. Supplemental one work order is for engineering and inspection services during construction, for a new work order value of $489,634. Construction duration is 300 calendar days after issuance of Notice to Proceed. The City of Clearwater’s Public Utilities Department is responsible for owning, operating, and maintaining the MS WRF. APPROPRIATION CODE AND AMOUNT: 3217321-563800-96213 $ 2,497,605.00 3217321-561300-96213 $ 326,634.00 Funds are available in capital improvement project 96213, Marshall Street Upgrades/Improvements, to fund this contract and the supplemental work order. Page 1 City of Clearwater Printed on 10/28/2020 DBE Small Business DBE Small Business BID ITEMS UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 1 Mobilization, Demobilization, and General Conditions (Not to exceed 5% of the Base Bid) LS 1 100,000.00$ 100,000.00$ 120,000.00$ 120,000.00$ 160,000.00$ 160,000.00$ 100,000.00$ 100,000.00$ 100,000.00$ 100,000.00$ 115,000.00$ 115,000.00$ 2 Remove Contents of Existing Sludge Hlding Tank CY 300 175.00$ 52,500.00$ 200.00$ 60,000.00$ 320.00$ 96,000.00$ 182.00$ 54,600.00$ 101.50$ 30,450.00$ 320.00$ 96,000.00$ 3 Demolition LS 1 175,000.00$ 175,000.00$ 70,000.00$ 70,000.00$ 36,000.00$ 36,000.00$ 50,000.00$ 50,000.00$ 104,000.00$ 104,000.00$ 40,000.00$ 40,000.00$ 4 Existing Odor control Piping, Stairs, and Sludge Holding Tank Walkway Replacement LS 1 200,000.00$ 200,000.00$ 130,000.00$ 130,000.00$ 182,000.00$ 182,000.00$ 200,000.00$ 200,000.00$ 129,000.00$ 129,000.00$ 120,000.00$ 120,000.00$ 5 Clean and Coat the Interior and Exterior of the Existing Sludge Holding Tank LS 1 125,000.00$ 125,000.00$ 90,000.00$ 90,000.00$ 95,000.00$ 95,000.00$ 175,000.00$ 175,000.00$ 70,000.00$ 70,000.00$ 140,000.00$ 140,000.00$ 6 Sludge Holding Tank and Pump Station Equipment and Rehabilitation LS 1 1,773,542.00$ 1,773,542.00$ 2,007,000.00$ 2,007,000.00$ 2,390,000.00$ 2,390,000.00$ 1,729,480.00$ 1,729,480.00$ 1,833,000.00$ 1,833,000.00$ 1,964,000.00$ 1,964,000.00$ 7 Record Drawings LS 1 10,000.00$ 10,000.00$ 3,000.00$ 3,000.00$ 5,000.00$ 5,000.00$ 5,000.00$ 4,100.00$ 4,100.00$ 4,000.00$ 4,000.00$ SUBTOTAL 2,436,042.00$ 2,480,000.00$ 2,964,000.00$ 2,314,080.00$ 2,270,550.00$ 2,479,000.00$ 8 10% CONTINGENCY 243,604.20$ 248,000.00$ 296,400.00$ 231,408.00$ 227,055.00$ 247,900.00$ TOTAL CONTRACT 2,679,646.20$ 2,728,000.00$ 3,260,400.00$ 2,545,488.00$ 2,497,605.00$ 2,726,900.00$ BIDDERS GRAND TOTAL 2,679,646.20$ 2,728,000.00$ 3,260,400.00$ 2,545,488.00$ 2,497,605.00$ 2,726,900.00$ Bid Tabulations are not public until 30 days after bid opening or upon award by City Council, whichever occurs first. DBE DISAVANTAGED BUSINESS ENTERPRISE Wharton-Smith, Inc 4912 LaSalle Street Tampa, FL 33607 MS WRF BLEND TANK MIXER 18-0057-UT BID OPENING -OCTOBER 7, 2020 AWARD - NOVEMBER 5, 2020 ( TENTATIVE) PCL Construction, Inc. 1 N. Dale Mabry Hwy, Ste 300 Tampa, FL 33609 TLC Diversified, Inc. 2719 17th Street East Palmetto, FL 34221 Poole & Kent Company of Florida 1715 W. Lemon St. Tampa, FL 33606 Kat Construction & Materials, Inc. 6541 Industrial Ave. Port Richey, FL 34688 Lawrence Lee Construction Services, Inc. 50 NE Dixie Hwy, Ste. A6 Stuart, FL 34994 SECTION V Page i Updated: 5/4/2020 SECTION V CONTRACT DOCUMENTS Table of Contents PUBLIC CONSTRUCTION BOND ......................................................................................................... 1 CONTRACT ................................................................................................................................................ 4 CONSENT OF SURETY TO FINAL PAYMENT .................................................................................. 8 PROPOSAL/BID BOND ............................................................................................................................ 9 AFFIDAVIT .............................................................................................................................................. 10 NON-COLLUSION AFFIDAVIT ........................................................................................................... 11 PROPOSAL ............................................................................................................................................... 12 CITY OF CLEARWATER ADDENDUM SHEET ............................................................................... 14 BIDDER’S PROPOSAL ........................................................................................................................... 15 SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA CERTIFICATION FORM ....................................................................................................................... 17 SCRUTINIZED COMPANIES THAT BOYCOTT ISRAEL LIST CERTIFICATION FORM...... 18 SECTION V – Contract Documents SECTION V Page 1 of 18 Updated: 5/4/2020 Bond No.: ________________ PUBLIC CONSTRUCTION BOND (1) This bond is given to comply with § 255.05, Florida Statutes, and any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in subsections (2) and (10). Pursuant to § 255.05(1)(b), Florida Statutes, “Before commencing the work or before recommencing the work after a default or abandonment, the contractor shall provide to the public entity a certified copy of the recorded bond. Notwithstanding the terms of the contract or any other law governing prompt payment for construction services, the public entity may not make a payment to the contractor until the contractor has complied with this paragraph.” CONTRACTOR SURETY OWNER TLC Diversified, Inc. 2719 17th Street East Palmetto, FL 34221 941-722-0621 City of Clearwater Engineering 100 S. Myrtle Avenue Clearwater, FL 33756 (727) 562-4750 PROJECT NAME: MS WRF BLEND TANK MIXER PROJECT NO.: 18-0057-UT PROJECT DESCRIPTION: The work generally includes, but is not limited to, the following: 1. Demolish the following within the extents of the Existing Sludge Holding Tank: FRP Cover, Stairs, Supports, Structural Walkway, Aeration Piping, Existing Piping (as shown in the Contract Drawings). 2. Remove Grit, Sludge, and Rags remaining in existing Sludge Holding Tank and dispose off-site in accordance with FDEP regulations. 3. Temporarily remove, store, and protect FRP Odor Control Duct for reconnection to new Sludge Holding Tank Cover. 4. Install new Sludge Holding Tank Stairs and Walkway. 5. Drain, clean, and coat the interior (walls and floor) and exterior (walls) of the existing Sludge Holding Tank. 6. Demolish the existing Pump Station Pad and replace with structure elevated beyond the 100-year flood plain. SECTION V – Contract Documents SECTION V Page 2 of 18 Updated: 5/4/2020 7. Install LED Light Pole systems and modify the existing Light Poles to be LED as specified on the Drawings near the Sludge Holding Tank. 8. Install a New Mixer in the Sludge Holding Tank. 9. Install a New Aluminum Cover with Access ladders and Harness Tie-Off Points from walkway on the Sludge Holding Tank. 10. Install New Truck Off-Loading and Recirculation Pump Station (as shown in the contract Drawings) southeast of the Sludge Holding Tank. 11. Remove and replace Dewatering Feed Pump Station Pumps and Piping located at the Sludge Holding Tank. 12. Remove concrete sidewalk and pad (as shown in the Contract Drawings), leaving appropriate base and support for stair landing and stair column supports. 13. Remove and replace process and drain piping to Sludge Holding Tank (as shown in the Contract Drawings). 14. Incorporate Electrical, Arc Flash Requirements, Instrumentation & Controls (I&C) and Supervisory Control and Data Acquisition (SCADA) Integration for proposed improvements. BY THIS BOND, We, TLC Diversified, Inc., as Contractor, and __________________________________________________, a corporation, as Surety, are bound to the City of Clearwater, Florida, herein called Owner, in the sum of $2,497,605, for payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Contractor: 1. Performs the contract dated _________________, between Contractor and Owner for construction of MS WRF Blend Tank Mixer, the contract documents being made a part of this bond by reference (which include the Advertisement for Bids, Proposal, Contract, Surety Bond, Instructions to Bidders, General Conditions, Plans, Technical Specifications and Appendix, and such alterations as may be made in said Plans and Specifications as therein provided for), at the times and in the manner prescribed in the contract; and 2. Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes, supplying Contractor with labor, materials, or supplies, used directly or indirectly by Contractor in the prosecution of the work provided for in the contract; and SECTION V – Contract Documents SECTION V Page 3 of 18 Updated: 5/4/2020 Bond No.:________________ PUBLIC CONSTRUCTION BOND (2) 3. Pays Owner all losses, damages, expenses, costs, and attorney’s fees, including appellate proceedings, that Owner sustains because of a default by Contractor under the contract; and 4. To the limits of § 725.06(2), Florida Statutes, shall indemnify and hold harmless Owner, their officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney’s fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of the construction contract; and 5. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract, then this bond is void; otherwise it remains in full force. 6. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2), Florida Statutes. 7. Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Surety’s obligation under this bond, and Surety does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN TESTIMONY WHEREOF, witness the hands and seals of the parties hereto this __________ day of ________________, 20___. (If sole Ownership or Partnership, two (2) Witnesses required). (If Corporation, Secretary only will attest and affix seal). TLC Diversified, Inc. By: ____________________________ Title: ____________________________ Print Name: ____________________________ WITNESS: WITNESS: _______________________________________ _______________________________________ Corporate Secretary or Witness Print Name: ____________________________ Print Name: _____________________________ (affix corporate seal) _______________________________________ (Corporate Surety) By: _________________________________ ATTORNEY-IN-FACT Print Name: ___________________________ (affix corporate seal) (Power of Attorney must be attached) SECTION V – Contract Documents SECTION V Page 4 of 18 Updated: 5/4/2020 CONTRACT (1) This CONTRACT made and entered into this ___ day of ____________, 20___ by and between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and TLC Diversified, Inc., of the City of Palmetto, County of Manatee, and State of Florida, hereinafter designated as the "Contractor". [Or, if out of state:] This CONTRACT made and entered into this ___ day of ____________, 20___ by and between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and _____________________________________, a/an _____________(State) Corporation authorized to do business in the State of Florida, of the City of ____________________ County of __________________________ and State of ____________, hereinafter designated as the "Contractor". WITNESSETH: That the parties to this contract each in consideration of the undertakings, promises and agreements on the part of the other herein contained, do hereby undertake, promise and agree as follows: The Contractor, and his or its successors, assigns, executors or administrators, in consideration of the sums of money as herein after set forth to be paid by the City and to the Contractor, shall and will at their own cost and expense perform all labor, furnish all materials, tools and equipment for the following: PROJECT NAME: MS WRF BLEND TANK MIXER PROJECT NO.: 18-0057-UT in the amount of $2,497,605 In accordance with such proposal and technical supplemental specifications and such other special provisions and drawings, if any, which will be submitted by the City, together with any advertisement, instructions to bidders, general conditions, technical specifications, proposal and bond, which may be hereto attached, and any drawings if any, which may be herein referred to, are hereby made a part of this contract, and all of said work to be performed and completed by the contractor and its successors and assigns shall be fully completed in a good and workmanlike manner to the satisfaction of the City. If the Contractor should fail to comply with any of the terms, conditions, provisions or stipulations as contained herein within the time specified for completion of the work to be performed by the Contractor, then the City, may at its option, avail itself of any or all remedies provided on its behalf and shall have the right to proceed to complete such work as Contractor is obligated to perform in accordance with the provisions as contained herein. SECTION V – Contract Documents SECTION V Page 5 of 18 Updated: 5/4/2020 CONTRACT (2) THE CONTRACTOR AND HIS OR ITS SUCCESSORS AND ASSIGNS DOES HEREBY AGREE TO ASSUME THE DEFENSE OF ANY LEGAL ACTION WHICH MAY BE BROUGHT AGAINST THE CITY AS A RESULT OF THE CONTRACTOR'S ACTIVITIES ARISING OUT OF THIS CONTRACT AND FURTHERMORE, IN CONSIDERATION OF THE TERMS, STIPULATIONS AND CONDITIONS AS CONTAINED HEREIN, AGREES TO HOLD THE CITY FREE AND HARMLESS FROM ANY AND ALL CLAIMS FOR DAMAGES, COSTS OF SUITS, JUDGMENTS OR DECREES RESULTING FROM ANY CLAIMS MADE UNDER THIS CONTRACT AGAINST THE CITY OR THE CONTRACTOR OR THE CONTRACTOR'S SUB CONTRACTORS, AGENTS, SERVANTS OR EMPLOYEES RESULTING FROM ACTIVITIES BY THE AFOREMENTIONED CONTRACTOR, SUB CONTRACTOR, AGENT SERVANTS OR EMPLOYEES, TO THE LIMITS OF § 725.06(2). In addition to the foregoing provisions, the Contractor agrees to conform to the following requirements: In connection with the performance of work under this contract, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, sex, religion, color, or national origin. The aforesaid provision shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay off or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post hereafter in conspicuous places, available for employees or applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the non-discrimination clause. The Contractor further agrees to insert the foregoing provisions in all contracts hereunder, including contracts or agreements with labor unions and/or worker's representatives, except sub-contractors for standard commercial supplies or raw materials. It is mutually agreed between the parties hereto that time is of the essence of this contract, and in the event that the work to be performed by the Contractor is not completed within the time stipulated herein, it is then further agreed that the City may deduct from such sums or compensation as may be due to the Contractor the sum of $1,000.00 per day for each day that the work to be performed by the Contractor remains incomplete beyond the time limit specified herein, which sum of $1,000.00 per day shall only and solely represent damages which the City has sustained by reason of the failure of the Contractor to complete the work within the time stipulated, it being further agreed that this sum is not to be construed as a penalty but is only to be construed as liquidated damages for failure of the Contractor to complete and perform all work within the time period as specified in this contract. It is further mutually agreed between the City and the Contractor that if, any time after the execution of this contract and the public construction bond which is attached hereto for the faithful performance of the terms and conditions as contained herein by the Contractor, that the City shall at any time deem the surety or sureties upon such public construction bond to be unsatisfactory or if, for any reason, the said bond ceases to be adequate in amount to cover the performance of the work the Contractor shall, at his or its own expense, within ten (10) days after receipt of written notice from the City to do so, furnish an additional bond or bonds in such term and amounts and with such surety or sureties as shall be satisfactory to the City. If such an event occurs, no further payment shall be made to the Contractor under the terms and provisions of this contract until such new or additional security bond guaranteeing the faithful performance of the work under the terms hereof shall be completed and furnished to the City in a form satisfactory to it. SECTION V – Contract Documents SECTION V Page 6 of 18 Updated: 5/4/2020 CONTRACT (3) In addition to all other contract requirements as provided by law, the contractor executing this agreement agrees to comply with public records law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, THE CONTRACTORS DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT. CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 727-562-4092, Rosemarie.Call@myclearwater.com, 600 Cleveland St. Clearwater, FL 33756 The contractor’s agreement to comply with public records law applies specifically to: a) Keep and maintain public records required by the City of Clearwater (hereinafter “public agency”) to perform the service being provided by the contractor hereunder. b) Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided for in Chapter 119, Florida Statutes, as may be amended from time to time, or as otherwise provided by law. c) Ensure that the public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. e) A request to inspect or copy public records relating to a public agency’s contract for services must be made directly to the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the contractor of the request and the contractor must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time. f) The contractor hereby acknowledges and agrees that if the contractor does not comply with the public agency’s request for records, the public agency shall enforce the contract provisions in accordance with the contract. g) A contractor who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. h) If a civil action is filed against a contractor to compel production of public records relating to a public agency’s contract for services, the court shall assess and award against the contractor the reasonable costs of enforcement, including reasonable attorney fees, if: 1. The court determines that the contractor unlawfully refused to comply with the public records request within a reasonable time; and SECTION V – Contract Documents SECTION V Page 7 of 18 Updated: 5/4/2020 CONTRACT (4) 2. At least 8 business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the contractor has not complied with the request, to the public agency and to the contractor. i) A notice complies with subparagraph (h)2. if it is sent to the public agency’s custodian of public records and to the contractor at the contractor’s address listed on its contract with the public agency or to the contractor’s registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. j) A contractor who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and have executed this Agreement, the day and year first above written. CITY OF CLEARWATER IN PINELLAS COUNTY, FLORIDA By: __________________________________ (SEAL) William B. Horne, II City Manager Attest: Countersigned: __________________________________________ Rosemarie Call City Clerk By: __________________________________ Approved as to form: Frank Hibbard Mayor __________________________________________ Owen Kohler Assistant City Attorney Contractor must indicate whether: ______ Corporation, ______ Partnership, ______ Company, or ______ Individual __________________________________________ (Contractor) By: _________________________ (SEAL) Print Name: ________________________________ Title: _____________________________________ The person signing shall, in his own handwriting, sign the Principal's name, his own name, and his title; where the person is signing for a Corporation, he must, by Affidavit, show his authority to bind the Corporation – provide Affidavit. SECTION V – Contract Documents SECTION V Page 8 of 18 Updated: 5/4/2020 CONSENT OF SURETY TO FINAL PAYMENT TO OWNER: City of Clearwater PROJECT NAME: MS WRF BLEND TANK MIXER Engineering Department PROJECT NO.: 18-0057-UT 100 S. Myrtle Ave. CONTRACT DATE: [__________] Clearwater, FL 33756 BOND NO.: [__________], recorded in O.R. Book [____], Page [____], of the Public Records of Pinellas County, Florida. CONTRACTOR: TLC Diversified, Inc. Pursuant to § 255.05(11), Florida Statutes, and in accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the: [insert name of Surety] [address] [address] ,SURETY, on bond of TLC Diversified, Inc. 2719 17th Street East Palmetto, FL 34221 ,CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve Surety of any of its obligations to City of Clearwater Engineering 100 S. Myrtle Ave. Clearwater, FL 33756 ,OWNER, as set forth in said Surety’s bond. IN WITNESS WHEREOF, the Surety has hereunto set its hand this ___ day of ___________, ______ __________________________________________ (Surety) __________________________________________ (Signature of authorized representative) __________________________________________ (Printed name and title) Attest: (Seal): WORK ORDER INITIATION FORM 1 of 11 Revised: 7/22/2019 Jones Edmunds & Associates, Inc. SUPPLMENTAL WORK ORDER INITIATION FORM for the CITY OF CLEARWATER Date: September 29, 2020 Consultant Project Number: 95308-241-20 City Project Number: 18-0057-UT__ City Plan Set Number: 2019016 _______ 1. PROJECT TITLE: Construction Services for Marshall Street WRF Blend Tank Improvements 2. SCOPE OF SERVICES: Jones Edmunds & Associates, Inc. is pleased to provide the City of Clearwater construction services , engineering and limited observation services during the rehabilitation/upgrading of the Marshall Street WRF Blend Tank (18-0057-UT) over the estimated 10-month construction period. The work also includes contract closeout services, asset depreciation valuations for replaced equipment, and updates to the WRF’s O&M manual as it pertains to the blend tank improvements. Jones Edmunds (Consultant) will coordinate and communicate through the City’s Project Manager throughout the duration of the project to provide the following services as it relates to the MS WRF Blend Tank Improvements project. As a part of this Scope of Services, Jones Edmunds will complete the tasks described below. V. CONSTRUCTION PHASE Task 5.1 – Construction Administration Construction Administration is the support required during project construction. This task includes oversight and support to coordinate activities, help offset potential schedule/construction conflicts and process, track and manage the project documentation required by the construction contract. The Consultant’s construction administration and coordination items necessary to document the project’s performance include: a. Prepare for and lead a pre-construction conference with the Contractor and the City after award of the contract, prepare agenda, provide sign-in sheet, and distribute WORK ORDER INITIATION FORM 2 of 11 Revised: 7/22/2019 meeting minutes to the Contactor and the City. This meeting will review the Contractor’s work schedule, submittal schedule, shop drawings, material submittals, progress payments, work hours and discuss general contract requirements and procedures, including lines of communication. b. At pre-construction conference, review, comment, and coordinate with the City Project Manager (PM) on the Contractor’s Schedule of Values, CPM Construction Schedule, Submittal schedule, proposed Shop Drawing and O&M Submittals, proper forms for Monthly Payment Applications, Submittals, Requests for Information (RFIs), Requests for Proposals (RFPs) and contract change procedures. c. Prepare for and lead monthly construction progress meetings, including the preparation of agendas and distribution of meeting minutes. d. Review submittals, shop drawings, material samples, results of tests and inspections, and other data, which the Contractor is required to submit. The Consultant anticipates thirty-two (32) submittals will require review. The proposed fee anticipates approximately twenty-four (24) of the submittals will require resubmittal. e. The Consultant’s structural (Wekiva) and electrical (EMI) subconsultants will review shop drawings and submittals as necessary to support the project. f. The Consultant’s construction coordinator will be responsible for the tracking of submittals and coordinating the final execution for distribution to the Contractor. g. The Consultant’s Engineer of Record will work with the City to determine the acceptability of substitute materials and equipment proposed by the Contractor. Provide EOR’s determination to Contractor. h. Receive and review maintenance and operating instruction manuals, schedules, guarantees, bonds, and certificates of insurance, which are to be assembled by the Contractor in accordance with the Contract Documents. i. Receive draft Pay Applications (up to ten (10) assumed) from the Contractor, review them with the City PM, submit requested changes to Contractor, and make recommendation for payment to the Contractor. Verify that all deliverables required of the contractor for the monthly pay application are submitted. j. Review and respond to Contractor requests for information (RFIs). Track and review RFIs with City PM. RFI responses will be coordinated with the City prior to distribution to the Contractor. The Consultant’s proposal is based on twenty (20) RFIs. k. The Consultant’s structural (Wekiva) and electrical (EMI) subconsultants will review RFIs as necessary to support the project. l. Prepare and submit Requests for Proposal (RFPs) to the Contractor. Review, analyze, and make recommendations to the City on the Contractor’s proposals. The Consultant’s proposal is based on ten (10) requests for proposals. Prepare interim field change agreements (IFCAs), as required, and assist during negotiations of Contractor cost proposals. Assist the City with the review, preparation, and execution of contract change orders. The Consultant’s proposal is based on two (2) contract change orders. WORK ORDER INITIATION FORM 3 of 11 Revised: 7/22/2019 m. Verify the Contractor is compliant with all permit requirements. Immediately notify the City of compliance related issues and work with the Contractor and the City to resolve the compliance issues. n. The Consultant’s construction coordinator will maintain project files throughout the duration of the project, including but not limited to correspondence, meeting minutes, contract documents, change orders, field orders, RFIs, work change directives, addenda, pay applications, shop drawings and submittals, O&M manuals, Warranties, and Regulatory correspondence. All correspondence will be directed to the City Project Manager with copies to the Utilities Engineering Manager and the Public Utilities Assistant Director. Assumptions • The City will issue the Notice of Award, execute the construction contract, and issue the Notice to Proceed. • The Contractor will be responsible for printing additional sets of construction documents. • The Consultant’s scope and fee are based on a ten-month performance period for the completion of the project. Task 5.2 – Construction Observation Provide and supervise observation staff to perform daily on-site observation of the Contractor’s activities to verify compliance with the Contract Documents, while providing accurate records of the Contractor’s progress by completing Daily Construction Reports with construction photographs of work being performed. The Resident Observer will verify the level of staffing and equipment that the Contractor has on site, witness and document testing, take photographs, provide a daily observation record, verify that materials delivered to the site are consistent with submitted materials, and review progress reports and payment requests against constructed project elements for the times their onsite. This Scope includes the services of the Project Manager, Resident Observer, and the Construction Coordinator during the 10 months (300 days) of the construction contract schedule. This Scope and Fee Estimate plans and budgets for the Resident Observer to be on site to monitor the project up to 50% of the total project time. The on-site personnel will be supported by the Project Manager, Construction Coordinator, and Engineer Interns on an as- needed basis for both on and off-site construction activities. Jones Edmunds will coordinate with the Contractor to determine their schedule for construction events that require observation. The estimate for all Jones Edmunds personnel is based on an 8-hour day. a. Provide onsite observation to verify compliance with the Contract Documents and inform City of progress and any observed deficiencies. WORK ORDER INITIATION FORM 4 of 11 Revised: 7/22/2019 b. Prepare and log Daily Field Reports for the days on site, documenting construction activities and submit them to the City PM for review on a weekly basis. c. Review the Contractor’s red-line as-builts on site on a monthly basis. d. Provide daily coordination with the Contractor’s superintendent regarding planned on- site construction activities and coordination of activities with City Project Manager (PM). e. Coordinate with City Project Manager when testing that requires the presence of City Staff is necessary. f. The Consultant’s Engineer(s) of Record will perform up to twelve (12) site visits to review the installed work for compliance with the contract documents. g. The Consultant’s structural and electrical subconsultants will perform up to (3) and (5) site visits, respectively as necessary to support the project. h. Observe and recommend to the City, that the Contractor has met all requirements of the Phasing Plan established in the contract documents. Assumptions • The total construction duration from Notice to Proceed to Final Completion is 300 calendar days. This Scope and Fee Estimate match the contractual time that the Contractor is allowed on site. If the Contractor does not complete the project on schedule, a provision is in the City’s Agreement to assess liquidated damages. If the Contractor exceeds the expected 10-month project duration, a subsequent amendment may be required to this Scope, depending on the requested extension in Contract Time. Jones Edmunds will provide additional time after the 300 calendar days at the Contract billing rates. • The estimated fees are based on our understanding of the project needs. Jones Edmunds will perform the tasks listed in this proposed Scope of Services on a time-and-materials basis. Jones Edmunds will notify the City if additional fees are required to complete the tasks assigned by the City that are not included in this Scope. Task 5.3 – Contract Closeout When the Contractor notifies the City that the Blend Tank project has reached Substantial Completion, the Consultant will begin contract closeout, which includes the following services. a. Conduct a Substantial Completion site walk through with the City PM, Public Utilities personnel, and the Contractor and provide a punchlist (an initial list of items to be corrected or completed) to the City for distribution to the Contractor. b. Assist the City with issuing a Certificate of Substantial Completion with final punchlist attached for the City and the Contractor to sign. c. Review the Contractor’s mark-ups of the Construction Drawings for conformance and accuracy. WORK ORDER INITIATION FORM 5 of 11 Revised: 7/22/2019 d. Using the CAD and pdf deliverable of the Contractor as-built drawings, the Consultant will prepare Record Drawings. e. The Consultant’s structural and electrical subconsultants will assist in preparing record drawings for their respective area of work. f. Prepare and submit final documentation to regulatory agencies to close the permits including but not limited to a notice of construction completion and availability of record drawing certification. g. Assist the City in providing post-construction permit certifications. h. Conduct a Final Completion site walk through with the City PM and the Contractor, and equipment representatives (as required) and document any remaining deficiencies. i. The Consultant’s structural and electrical subconsultants will perform 1 substantial completion inspection to support the project. j. Assist the City with preparing, reviewing, and executing final documentation required by the Contract Documents for Final Acceptance and project closeout. k. At close-out the Consultant will provide the City an electronic copy of the project files for incorporation into the overall project catalog and will include: • As-builts, record drawings, maps, manuals and any other material provided by The City as a response to a request for information by the ENGINEER. • Assumptions, data requests, references, files of correspondence, meeting agenda, sign-in sheets and minutes, document comment- response log, technical memorandum/reports, contract documents, change orders, field orders, RFIs, work change directives, addenda, additional drawings issued subsequent to the execution of the Contract, progress reports, shop drawing and progress submittals, regulatory correspondence and other project-related documents such as O&M manuals and warranty information, as available. Assumptions • As-Built Drawings are prepared by the Contractor in both CAD and pdf format and reviewed by the Consultant. The Consultant will provide Record Drawings for the project. • All permitting is excluded from this Scope of Services. Task 5.4 – Asset Depreciation Valuation In support of the City’s capital asset management, the new equipment will need to be added to the City asset register and the existing major equipment items (over $5,000) removed. The Consultant will support this effort by providing a spreadsheet of the new equipment being added and equipment being removed from service, a description of the existing equipment with any tags or serial numbers available, an opinion of probable value for the existing equipment, and submit to the City for review. WORK ORDER INITIATION FORM 6 of 11 Revised: 7/22/2019 The Consultant will utilize one or both of the following means, depending on the equipment, to value the equipment. The Consultant will attend a meeting with City Staff to determine the proper approach. • Standard Costing – The Consultant will research the cost others paid for the equipment at the time the City purchased the equipment. Published pricing will be the primary resource for this method. • Normal Costing – The Consultant will obtain a cost for the equipment under current market conditions and use price index to deflate the item to the value at the time of purchase. The Bureau of Labor and Statistics will be the primary resource for the price index. Task 5.5 – Operations and Maintenance (O&M) Manual Update The Consultant will update the O&M manuals for the WRF with the modifications. The City’s original WRF O&M was prepared by Professional Plant Operations, Inc (PPO) in 1988 and updated by McKim & Creed in 2004. The update in 2004 only addressed specific sections of the original O&M, therefore the City continues to use both O&M manuals. Consultant will prepare modifications to each of the two (2) existing O&M manuals as appropriate to address the modifications made to the WRF related to the Blend Tank Improvement project. The O&M Manuals will be modified to meet the minimum requirements in accordance with 62-600.720, F.A.C. It is anticipated that the O&M Manuals will include updates to the following chapters/sections: Marshall Street Advanced Pollution Control Facility (PPO, 1988) • Cover Sheet and Table of Contents • Chapter 4: Section 4.4 Sludge Blending System • Chapter 4: Section 4.6 Sludge Transfer Station • Chapter 4: Section 4.7 Truck Loading System • Chapter 6: Section 6.7 Preventative Maintenance Marshall Street Advanced Pollution Control Facility Update (McKim & Creed, 2004) • Cover Sheet and Table of Contents • Chapter 4: • Chapter 6: O&M Performance Report Update (Jones Edmunds & Associates, 2011) • Equipment Summary – Appendix B 3. PROJECT GOALS: Support the Upgrade/refurbishment of the Marshall Street WRF Blending Tank and pump station to improve mixing and provide ease of equipment operation and maintenance. WORK ORDER INITIATION FORM 7 of 11 Revised: 7/22/2019 4. BUDGET: See attachment B. This price includes all labor and expenses anticipated to be incurred by Jones Edmunds & Associates, Inc. for the completion of these tasks in accordance with Professional Services Method “A” – Cost Times Multiplier Basis, for a fee not to exceed Three Hundred Twenty-six Thousand Six Hundred and Thirty-Four Dollars ($326,634.00). Permit fees are not anticipated for this project. 5. SCHEDULE: The Scope of Services provided above is based on the Contractor completing the Blend Tank phase within a ten-month construction contract performance period. The overall project is to be completed 10 months or 300 days from issuance of notice-to- proceed. 6. STAFF ASSIGNMENT (Consultant): The firm’s staff assignments to this project include: Tom Friedrich, PE, BCEE Officer in Charge Jeff Crowley, PE , CCM, PMP Senior Project Manager / QA/QC David Yonge, PhD, PE Engineer / Project Manager Greg Fruecht Construction Administrator Manager Sean Menard, PE, ENV SP Engineer John Boehling, EI Engineer Intern The City’s staff assignments to this project include: David Ojeda Project Manager Jeremy J. Brown, PE Engineering Manager, Utilities Jason Jennings Public Utilities W.E.T Manager Michael Flanigan Public Utilities Public Utilities Assistant Manager Richard G. Gardner, PE Public Utilities Assistant Director Michael Gilliam P.U. Infrastructure Maintenance Manager Kervin St. Aimie P.U. Public Utilities Assistant Manager Ryan Alexander Marshall St. WRF Chief Operator 7. CORRESPONDENCE/REPORTING PROCEDURES: ENGINEER’s project correspondence shall be directed to: Jeff Crowley, PE, CCM, with copies to Gregg Fruecht and David Yonge PhD, PE All City project correspondence shall be directed to the Project Manager, with copies to the Engineering Manager and Public Utilities Assistant Director. WORK ORDER INITIATION FORM 8 of 11 Revised: 7/22/2019 ENGINEER shall provide a minimum of forty-eight (48) hours’ notice prior to conducting fieldwork/site visits. ENGINEER shall provide a minimum of five (5) days notification for site visits requiring the assistance of City Operations and Maintenance personnel. ENGINEER acknowledges that all City directives shall be provided by the City Project Manager. In addition to the original copies delivered as stated in the scope of work, all project deliverables will be submitted in electronic format on CD or other City approved device prior to approval of final invoice. 8.INVOICING/FUNDING PROCEDURES: For work performed, invoices shall be submitted monthly to the: City of Clearwater, Engineering Department Att. Veronica Josef, Senior Staff Assistant PO Box 4748 Clearwater, Florida 33758-4748. Contingency services will be billed as incurred only after written authorization provided by the City to proceed with those services. City Invoicing Code: _3217321-561300-96213 for $326,634 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, Project and Invoice Numbers 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. 10.SPECIAL CONSIDERATIONS: The consultant named above is required to comply with Section 119.0701, Florida Statutes where applicable. WORK ORDER INITIATION FORM 9 of 11 Revised: 7/22/2019 The Consultant has based the Scope of Services and associated fee on the assumption that the Contractor’s schedule for deliverables, meetings, testing, and start-up will be coordinated with the Consultant by the City and CA Consultant in a timely manner. A health and safety plan will be prepared and submitted to the City Project Manager prior to mobilizing to each site. No use of City owned equipment by consultants/contractors is permitted. PREPARED BY: APPROVED BY: ________________________ ________________________ Stanley F. Ferreira, Jr., PE Tara Kivett, PE President / Chief Executive Officer City Engineer Jones Edmunds & Associates, Inc. City of Clearwater ___________________ ___________________ Date Date JCrowley 10/8/2020 B Icerman 10/9/2020 October 9, 2020 Attachment “A” WORK ORDER INITIATION FORM 10 of 11 Revised: 7/22/2019 CITY OF CLEARWATER ENGINEERING DEPARTMENT WORK ORDER INITIATION FORM 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 (including 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 11 of 11 Revised: 7/22/2019 City Project 18-0057-UT MS WRF Blend Tank Improvements Jones Edmunds & Associates WORK ORDER INITIATION FORM PROJECT BUDGET Task Description Subconsultant Services Labor Total 5.1 Construction Administration $12,500 $91,230 $103,730 5.2 Construction Observation $13,000 $109,480 $122,480 5.3 Contract Closeout $2,500 $30,170 $32,670 5.4 Asset Depreciation Valuation $0 $13,690 $13,690 5.5 O&M Manual Updates $0 $24,370 $24,370 Subtotal, Labor and Subcontractors $296,940 Permit Review Fees $0 6 .0 Contingency (10%) $29,694 Grand Total $326,634 N BETTY LN H A R B O R D R ENGMAN ST LA SALLE ST OVERBROOK AVE TANGERINE ST HOLT AVE PALM BLUFF ST MARSHALL ST DOUGLASAVES T E V E N S O N'S D R CLAIRE DR BECKETT ST CARLTON ST JADE AVE FAIRBURN AVE GRANT ST N WASHINGTON AVE N MADISON AVE CARO L DRSTOCKTONDR ENGMAN ST DOUGLAS AVE LOCATION MAP ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com CRM TK N.T.S.269B 10-29-1501/23/2019Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: Marshall St Water Reclamation FacilityBlend Tank Mixer ProjectProject # 18-0057-UT Document Path: V:\GIS\Engineering\Location Maps\WRF Marshall 18-0057-UT.mxd PROJECTLOCATION STEV E N S ONCRE E K Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8372 Agenda Date: 11/2/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 3.5 SUBJECT/RECOMMENDATION: Approve the conveyance of a Distribution Easement to Duke Energy Florida, LLC, d/b/a Duke Energy, for the installation, operation and maintenance of electric facilities from an existing Duke transformer located on City property, to a Duke pedestal located in the right-of-way, that will support a Verizon Cell pole. (consent) SUMMARY: The Distribution Easement will provide Duke Energy with the rights necessary to construct and maintain its electric equipment within the easement. The facilities will be located within areas agreed to by the City and Duke Energy. Subsequent to Duke Energy installing its electrical facilities, the City will survey the installed electrical facilities and provide Duke Energy a descriptive legal description as a finalized Exhibit “A” to the Distribution Easement. Once finalized, the Distribution Easement will be recorded in public records. The Engineering Department supports conveyance of the Distribution Easement. Page 1 City of Clearwater Printed on 10/28/2020 Prepared By: Manny R. Vilaret, Esquire Return To: Duke Energy Vilaret Law, PLLC Attn: Land Services 10901 Danka Circle, Suite C 2401 25th Street North, SP-15 St. Petersburg, Florida 33716 St. Petersburg, Florida 33713 SEC: 08 TWP: 29 RGE: 15 COUNTY: PINELLAS PROJECT: DE WO 37315187 GRANTOR: CITY OF CLEARWATER ADDRESS: PO BOX 4748, Clearwater, FL. 33756 SITE ADDRESS: Mandalay Ave, Clearwater TAX PARCEL NUMBER: 08-29-15-15606-000-0160 DISTRIBUTION EASEMENT KNOW ALL MEN BY THESE PRESENTS, that the undersigned, their heirs, successors, lessees and assigns (“GRANTOR”), in consideration of the mutual benefits, covenants and conditions herein contained, does hereby grant and convey to DUKE ENERGY FLORIDA, LLC, d/b/a DUKE ENERGY, a Florida Limited Liability Company, Post Office Box 14042, St. Petersburg, Florida 33733, and to its successors and assigns, (“GRANTEE”), an easement to install, operate and maintain in perpetuity, such facilities as may be necessary or desirable for providing electric energy and, said facilities being located in the following described “Easement Area” within GRANTOR’S premises in Pinellas County, to wit: A 10.00 foot wide Easement Area lying 5.00 feet on each side of GRANTEE's facilities, as built and installed at a mutually agreeable location over, under, upon, across, through and within the following described property to accommodate present and future development: See legal description on the accompanying Exhibit “A” attached hereto and incorporated herein by this reference. This easement will be replaced with a Descriptive Easement, 5.00 feet on either side of all facilities installed by GRANTEE, as will be shown on a certified surveyed sketch and legal description to be provided by GRANTOR within sixty (60) days after the installation of facilities by GRANTEE. If the certified sketch and legal description are not provided by GRANTOR within sixty (60) days after completion of installation, GRANTEE will record this easement. The rights herein granted to GRANTEE by GRANTOR specifically include: (a) the right for GRANTEE to patrol, inspect, alter, improve, repair, rebuild, relocate, and remove said facilities; further GRANTEE hereby agrees to restore the Easement Area to as near as practicable the condition which existed prior to such construction, repairs, alteration, replacement, relocation or removal as a result of GRANTEE’s safe and efficient installation, operation or maintenance of said facilities; (b) the reasonable right for GRANTEE to increase or decrease the voltage and to change the quantity and type of facilities; (c) the reasonable right for GRANTEE to clear the Easement Area of trees, limbs, undergrowth and other physical objects which, in the opinion of GRANTEE, endanger or interfere with the safe and efficient installation, operation or maintenance of said facilities; (d) the reasonable right for GRANTEE to request that GRANTOR trim or remove any trees or vegetation adjacent to, but outside the Easement Area which, in the reasonable opinion of GRANTEE, endangers or interferes with the safe and efficient installation, operation or maintenance of said facilities; (e) the reasonable right for GRANTEE to enter upon land of the GRANTOR adjacent to said Easement Area for the purpose of exercising the rights herein granted; and (f) all other rights and privileges reasonably necessary or convenient for GRANTEE’s safe and efficient installation, operation and maintenance of said facilities and for the enjoyment and use of said easement for the purposes described above. The rights and easement herein granted are non-exclusive as to entities not engaged in the provision of electric energy and service and GRANTOR reserves the right to grant rights to others affecting said easement area provided that such rights do not create an unsafe condition or unreasonably conflict with the rights granted to GRANTEE herein. GRANTOR hereby covenants and agrees that no buildings, structures or obstacles (except fences) shall be located, constructed, excavated or created within the Easement Area. If the fences are installed, they shall be placed so as to allow ready access to GRANTEE’s facilities and provide a working space of not less than ten (10) feet on the opening side, six (6) feet on the back for working space and three (3) feet on all other sides of any pad mounted transformer. If GRANTOR’s future orderly development of the premises is in physical conflict with GRANTEE’s facilities, GRANTEE shall, within 60 days after receipt of written request from GRANTOR, relocate said facilities to another mutually agreed upon Easement Area in GRANTOR’s premises, provided that (a) GRANTOR shall reimburse GRANTEE the full actual cost of the relocation, and (b) GRANTOR shall execute and deliver to GRANTEE, at no cost, an acceptable and recordable easement to cover the relocated facilities. Upon the completion of the relocation, the easement herein shall be considered cancelled as to the portion vacated by such relocation. If this easement is being granted to provide electric service to GRANTOR, then this legal description was provided by GRANTOR. In the event facilities are located outside of this legal description, GRANTOR shall pay for any relocation costs necessary or shall amend this legal description to cover the actual facilities. Should this easement be granted to provide electric service to a third party, GRANTEE shall provide the legal description and GRANTOR shall not have any liability related to errors in the legal description. GRANTOR covenants not to interfere with GRANTEE’s facilities within the Easement Area in GRANTOR’s premises, and GRANTOR further covenants to indemnify to the extent of Florida Statute 768.28 and hold GRANTEE harmless from damages and injuries, whether to persons or property, arising directly from the negligent act related to GRANTEE’s facilities by GRANTOR or by GRANTOR’ s agents or employees. Nothing contained herein, however, shall be construed to waive or modify the provisions of Florida Statute 768.28 or the doctrine of sovereign immunity as to any party hereto. In addition, nothing contained herein shall be construed as consent by the GRANTOR to be sued by third parties in any manner arising from this grant of easement, or as a waiver of sovereign immunity. GRANTEE agrees to indemnify and hold GRANTOR harmless for, from and against any and all losses, claims or damages incurred by GRANTOR arising directly from GRANTEE’s negligence or failure to exercise reasonable care in the construction, reconstruction, operation, use or maintenance of GRANTEE's facilities located on the above described easement. GRANTOR hereby warrants and covenants (a) that GRANTOR is the owner of the fee simple title to the premises in which the above described Easement Area is located, (b) that GRANTOR has full right and lawful authority to grant and convey this easement to GRANTEE, and (c) that GRANTEE shall have quiet and peaceful possession, use and enjoyment of this easement. All covenants, terms, provisions and conditions herein contained shall inure and extend to and be obligatory upon the heirs, successors, lessees and assigns of the respective parties hereto. IN WITNESS WHEREOF, the said GRANTOR has caused this easement to be signed in its corporate name by its proper officers thereunto duly authorized and its official corporate seal to be hereunto affixed and attested this _____ day of ___________________________, 2020. GRANTOR: Countersigned: _________________________________ By: _______________________________ Frank Hibbard, Mayor William B. Horne, II, City Manager Approved as to form: Attest: ____________________________ ____________________________ Laura Mahony Rosemarie Call, City Clerk Assistant City Attorney STATE OF __________________________________ COUNTY OF ________________________________ The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization, this ______ day _____________, 2020, by Frank Hibbard and William B. Horne, II, the Mayor and City Manager, respectively, of the City of Clearwater, Florida, on behalf of the City who is personally known to me or who has produced ___________________________________________ as identification. [Notary Seal] _______________________________________ Notary Public _______________________________________ Name typed, printed or stamped My Commission Expires: __________________ Exhibit “A” Tract North of Causeway Boulevard between Coronado Drive and Mandalay Ave, Clearwater, formerly shown as “PARK”, CITY PARK SUBDIVISION, according to the map or plat thereof, as recorded in Plat Book 23, Page 37, Public Records of Pinellas County, Florida. See Resolution No. 74-143, recorded in Official Records Book 4236, Page 1875, with the Public Records of Pinellas County, Florida. CORONADO DR MANDALAY AVE CAUSEWAY BLVD AERIAL MAP ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com WD N.T.S.Map Gen By:Scale: Document Path: C:\Users\Christopher.Melone\City of Clearwater\Engineering Geographic Technology - Documents\GIS\Engineering\Location Maps\CityParkSubDukeEas.mxd 10' Wide Duke Energy Distribution EasementParcel Number: 08-29-15-15606-000-0160 08-29s-15eS-T-R:267AGrid #:10/08/2020Date: Legend Exhibit A Area Future Duke Energy Easement Proposed Duke Energy Facilities RBReviewed By: Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8405 Agenda Date: 11/2/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Finance Agenda Number: 4.1 SUBJECT/RECOMMENDATION: Approve settlement of workers’ compensation claim 19000133 for payment of $112,500, inclusive of attorney fees and costs for William Nahorodny with a general release of all claims and authorize the appropriate officials to execute same. (consent) SUMMARY: Mr. Nahorodny was an active duty police officer with the Clearwater Police Department as of June 12, 2006. On November 1, 2019, he sustained a neck and right shoulder injury while on duty. As a result of this injury, he had surgery during February 2020. However, he is still having continuing symptoms and has been relegated to light duty work status due to his inability to fully return to work. The City has spent approximately $89,248 in total for his medical treatment, legal and investigative costs and disability payments to-date. The City faces potential future payments of $70,000 for treatment of his condition and complications, which could include a possible second surgery. His potential disability payments if his condition worsens could reach $60,000, especially if his second surgery occurs. With additional legal and investigative costs that could reach $10,000, the City’s potential exposure is projected at approximately $140,000 in future medical care, lost wages, and legal fees. A mediation was held September 17, 2020, which was continued and eventually resulted in a settlement of $112,500 on October 15, 2020, contingent on Council approval. The Risk Management Division; the outside attorney for the City of Clearwater, Banker Lopez Gassler, P.A.; and the City’s Claims Committee recommend approval. Funding for the payment of this settlement is available in the budget for claims expense in the Central Insurance Fund. APPROPRIATION CODE AND AMOUNT: 5907590-545800 $112,500 Page 1 City of Clearwater Printed on 10/28/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8222 Agenda Date: 11/2/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Gas System Agenda Number: 5.1 SUBJECT/RECOMMENDATION: Accept a Gas Utility Easement from Spileo Properties, LLC, for the construction, installation, and maintenance of gas utility facilities on real property located at 600 Alternate US Highway 19, Pinellas County, FL and adopt Resolution 20-49. SUMMARY: SPILEO PROPERTIES, LLC (Grantor) has granted a non-exclusive five-foot wide natural gas easement, on property located at 600 Alternate US Hwy 19 (Parcel ID# 01-28-15-88560-136-0800) for the installation of a natural gas distribution line. This main line will serve a commercial restaurant (Hungry Howie’s Pizza). The easement grant is sufficient for the City to maintain and replace its facilities as necessary in perpetuity, or until such time as the City determines to abandon its use. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 10/28/2020 Resolution No. 20-49 RESOLUTION NO. 20-49 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA ACCEPTING A UTILITY EASEMENT FROM SPILEO PROPERTIES, LLC, FOR THE CONSTRUCTION, INSTALLATION, AND MAINTENANCE OF CITY UTILITY FACILITIES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater needs a utility easement from SPILEO PROPERTIES, LLC, for the construction, installation and maintenance of certain utility facilities; and WHEREAS, by this Resolution, the City Council of the City of Clearwater wishes to accept said grant of easement; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER FLORIDA: Section 1. The City Council of the City of Clearwater hereby accepts the Utility Easement, a copy of which is attached hereto and incorporated herein as Exhibit “A” to Resolution 20-49. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this ______ day of _________________, 2020. ________________________________ Frank V. Hibbard Mayor Approved as to form: Attest: ___________________________ ________________________________ Laura Mahony Rosemarie Call Assistant City Attorney City Clerk PREPARED BY:400504-SV-LEGAL.DWG CHECKED/QC DRAWN/DESIGNED CAD DATE JOB NO.1 MRG EMO 4005.04 10/15/2020 SHEET: PROJECT:TASK: 620 ALT HWY 19 (PALM HARBOR)CLEARWATER GAS SYSTEMS 3111 W. Dr. Martin Luther King Jr. Blvd, Suite 375, Tampa, FL 33607 Phone No. 866.909.2220 www.wginc.com Cert No. 6091 - LB No. 7055 TM FOR THE FIRM WGI, INC. BY: ________________________ DATE: _________ ERIC M. ORNDORFF PROFESSIONAL SURVEYOR AND MAPPER FLORIDA LICENSE NO. 7248 1. DATA SHOWN HEREON WAS COMPILED FROM OTHER INSTRUMENTS AND DOES NOT CONSTITUTE A FIELD SURVEY AS SUCH. 2. THE BEARINGS SHOWN HEREON ARE REFERENCED TO THE NORTH AMERICAN DATUM 1983 (2011) ADJUSTMENT AND BASED ON THE SOUTH LINE OF THE SOUTHEAST ONE-QUARTER (SE 1/4) OF SECTION 2, TOWNSHIP 28 SOUTH, RANGE 15 EAST, BEING N89°39'42"W. 3. THIS IS NOT A SURVEY, BUT ONLY A GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN HEREON. 4. THIS SKETCH AND LEGAL DESCRIPTION HAVE BEEN PREPARED WITHOUT A REVIEW OF A TITLE POLICY OR OWNERSHIP AND ENCUMBRANCE REPORT; AND THAT IT IS POSSIBLE THAT THERE ARE EASEMENTS OR OTHER INSTRUMENTS WHICH COULD AFFECT THE SUBJECT PROPERTY, IN PARTICULAR OTHER EASEMENTS OF RECORD THAT MAY BE IN CONFLICT WITH THE GRANTING OF THIS EASEMENT 5. ALL SECTIONAL TIES AND COORDINATES SHOWN ARE GRID. DATUM = NAD 83, 2011 ADJUSTMENT ZONE = FLORIDA WEST LINEAR UNITS = U.S. SURVEY FOOT COORDINATE SYSTEM 1983 STATE PLANE TRANSVERSE MERCATOR PROJECTION. SURVEYOR'S NOTES: EXHIBIT "A" CLEARWATER GAS SYSTEMS 620 ALT HWY 19 10/15/2020 PREPARED BY:400504-SV-LEGAL.DWG CHECKED/QC DRAWN/DESIGNED CAD DATE JOB NO.2 MRG EMO 4005.04 10/15/2020 SHEET: PROJECT:TASK: 620 ALT HWY 19 (PALM HARBOR)CLEARWATER GAS SYSTEMS 3111 W. Dr. Martin Luther King Jr. Blvd, Suite 375, Tampa, FL 33607 Phone No. 866.909.2220 www.wginc.com Cert No. 6091 - LB No. 7055 TM A STRIP OF LAND LYING WITHIN A PORTION OF THE LANDS RECORDED IN OFFICIAL RECORD BOOK 18582, AT PAGE 1018, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, SAID LANDS LYING AND SITUATE IN THE SOUTHEAST ONE-QUARTER (SE 1/4) OF SECTION 2, TOWNSHIP 28 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF THE SOUTHEAST ONE-QUARTER (SE 1/4) OF SECTION 2; THENCE NORTH 89°39'42" WEST ALONG THE SOUTH LINE OF THE SOUTHEAST ONE-QUARTER (SE 1/4) OF SECTION 2, FOR 1,222.57 FEET TO A POINT ON THE ALIGNMENT FOR ALTERNATE HIGHWAY 19 PER RIGHT OF WAY CONTROL SURVEY 15020-xxxx-4037251, DATED 2010, THENCE THE FOLLOWING THREE (3) COURSES BEING ALONG SAID ALIGNMENT; 1) NORTH 20°48'58" EAST, FOR 197.38 FEET TO A POINT OF CURVATURE WITH A CURVE CONCAVE TO THE WEST, 2) SAID CURVE HAVING A RADIUS OF 1,432.40 FEET AND A CENTRAL ANGLE OF 21°04'02"; THENCE NORTHERLY ALONG SAID CURVE FOR 526.68 FEET; 3) NORTH 00°15'04" WEST, FOR 2.75 FEET; THENCE DEPARTING SAID ALIGNMENT OF ALTERNATE HIGHWAY 19 NORTH 89°44'56" EAST, FOR 30.00 FEET TO A POINT AT THE INTERSECTION OF THE EAST RIGHT-OF-WAY LINE OF ALTERNATE HIGHWAY 19 AND THE NORTH RIGHT-OF-WAY LINE OF OHIO AVENUE; THENCE NORTH 89°45'17" EAST ALONG SAID NORTH RIGHT-OF-WAY LINE OF OHIO AVENUE, FOR 145.85 FEET TO THE POINT OF BEGINNING OF A 5.00 FOOT WIDE STRIP OF LAND LYING 2.50 FEET EACH SIDE OF AND ADJACENT TO THE FOLLOWING DESCRIBED CENTERLINE; THENCE NORTH 02°30'54" WEST, FOR 146.36 FEET TO THE POINT OF TERMINUS. SAID LANDS CONTAIN 732 SQUARE FEET, MORE OR LESS. SUBJECT TO EXISTING EASEMENTS, RIGHTS-OF-WAY, COVENANTS, RESERVATIONS AND RESTRICTIONS OF RECORD, IF ANY. EASEMENT LINES ARE LENGTHENED OR SHORTENED TO PROVIDE A 5.00 FOOT WIDE CONTIGUOUS EASEMENT. LEGAL DESCRIPTION: LEGEND: EXHIBIT "A" CLEARWATER GAS SYSTEMS 620 ALT HWY 19 PREPARED BY:400504-SV-LEGAL.DWG CHECKED/QC DRAWN/DESIGNED CAD DATE JOB NO.3 MRG EMO 4005.04 10/15/2020 SHEET: PROJECT:TASK: 620 ALT HWY 19 (PALM HARBOR)CLEARWATER GAS SYSTEMS 0 SCALE: 1" = 50' 25 50 100 3111 W. Dr. Martin Luther King Jr. Blvd, Suite 375, Tampa, FL 33607 Phone No. 866.909.2220 www.wginc.com Cert No. 6091 - LB No. 7055 TM EXHIBIT "A" CLEARWATER GAS SYSTEMS 620 ALT HWY 19 PREPARED BY:400504-SV-LEGAL.DWG CHECKED/QC DRAWN/DESIGNED CAD DATE JOB NO.4 MRG EMO 4005.04 10/15/2020 SHEET: PROJECT:TASK: 620 ALT HWY 19 (PALM HARBOR)CLEARWATER GAS SYSTEMS 0 SCALE: 1" = 50' 25 50 100 3111 W. Dr. Martin Luther King Jr. Blvd, Suite 375, Tampa, FL 33607 Phone No. 866.909.2220 www.wginc.com Cert No. 6091 - LB No. 7055 TM EXHIBIT "A" CLEARWATER GAS SYSTEMS 620 ALT HWY 19 POINT OF BEGINNING POINT OF TERMINUS PREPARED BY:400504-SV-LEGAL.DWG CHECKED/QC DRAWN/DESIGNED CAD DATE JOB NO.5 MRG EMO 4005.04 10/15/2020 SHEET: PROJECT:TASK: 620 ALT HWY 19 (PALM HARBOR)CLEARWATER GAS SYSTEMS 0 SCALE: 1" = 50' 25 50 100 3111 W. Dr. Martin Luther King Jr. Blvd, Suite 375, Tampa, FL 33607 Phone No. 866.909.2220 www.wginc.com Cert No. 6091 - LB No. 7055 TM EXHIBIT "A" CLEARWATER GAS SYSTEMS 620 ALT HWY 19 600/620 Alt Hwy 19, Palm Harbor, FL 34683 – Gas Easement Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8356 Agenda Date: 11/2/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Police Department Agenda Number: 6.1 SUBJECT/RECOMMENDATION: Approve an addendum to an agreement with Axon Enterprise, Incorporated, of Scottsdale, AZ, in the amount of $17,319, plus a contingency amount of $50,000, for interview room recording equipment and licenses, in accordance with Clearwater Code of Ordinances Section 2.564(1) (d) Other Government Entities Bids, and authorize the appropriate officials to execute same. (consent) SUMMARY: On February 7, 2019, the City Council approved an agreement between the Police Department and Axon Enterprise, Incorporated, for a Digital Evidence Management System (DEMS) to create operational efficiencies with regard to evidence location/retention, addressing public records requests, and more appropriately aggregating and controlling property disposals relating to electronic evidence or items which could be digitized. Axon Enterprise, Incorporated, was the recommended vendor, selected as a result of Request for Proposal (R.F.P.) #29-18. In April 2019, the City Council approved the Police Department’s integration of five interview rooms within the Criminal Investigations Division and one Driving Under the Influence (DUI) room, which is accessible by all Patrol personnel, all of which are equipped with video and audio recording equipment, into the DEMS. Building upon the foundation of the Digital Evidence Management System, the Police Department seeks approval to add an additional interview room to the DEMS, as a result of the department’s participation within the Pinellas County Use of Deadly Force Investigations Task Force. This item is presented to the City Council for approval as it exceeds the purchase authorization of the City Manager. The included contingency amount is not anticipated to be utilized at this time but is included to improve efficiency in Police Department and City operations by eliminating the need to bring future incremental additions of cameras before the City Council for approval. The contingency amount, if needed, would be utilized for the purchase of additional cameras, licenses, system modifications, or other required system equipment. The pricing included in this agreement was previously competitively solicited and obtained through National Purchasing Partners (Contract Number: VH11629), a national resource for public entities for similar public solicitations; the city of Clearwater is a participating member in Page 1 City of Clearwater Printed on 10/28/2020 File Number: ID#20-8356 this partnership. Though the Department did not anticipate this purchase to occur at this time, it has funding available for the first year of the agreement, in the amount of $9,291 through P1902 - Police Technology. The three subsequent years’ service and support is estimated at an annual amount of $2,676 ($8,028 over course of the agreement). This addendum agreement would create a total award for interview room recording equipment of $131,319 (prior agreement award approved by City Council: $114,000 + addendum agreement award: $17,319). APPROPRIATION CODE AND AMOUNT: Funding is available in capital project P1902, Policing Technology, in the amount of $9,291 to fund the first year of this agreement. Future fiscal year funding will be required through the annual Operating Budget process. Page 2 City of Clearwater Printed on 10/28/2020 Payment Terms: Net 30 Delivery Method: Fedex -Ground Contract Number: 00022009 Q-269920-44109.557BR Year 2 Item Description Term (Months)Quantity List Unit Price Net Unit Price Total (USD) Axon Plans & Packages 50070 AXON CLIENT SOFTWARE (EACH CLIENT AND TOUCH PANEL)1 1,500.00 1,500.00 1,500.00 50056 INTERVIEW ROOM UNLIMITED EVIDENCE.COM LICENSE YEAR 2 PAYMENT 2 891.00 891.00 1,782.00 Hardware 50218 AXIS F41 COVERT MAIN UNIT -NON SER 2 594.75 594.75 1,189.50 74116 INTERVIEW COVERT ENCLOSURE -AV WALL PLATE, FLUSH MOUNTED 1 121.00 121.00 121.00 50118 LOUROE MICROPHONE 2 196.50 196.50 393.00 74062 INTERVIEW ROOM 5 YR EXTENDED WARRANTY 1 930.74 930.74 930.74 50114 COVERT CAMERA, SENSOR UNIT 2 369.57 369.57 739.14 74059 MOTION SENSOR ENCLOSURE –COVERT CAMERA 1 135.00 135.00 135.00 Services 85170 INTERVIEW ROOM, INSTALL AND SETUP 1 2,500.00 2,500.00 2,500.00 Subtotal 9,290.38 Estimated Shipping 0.00 Estimated Tax 0.00 Total 9,290.38 Issued: 10/05/2020 Quote Expiration: 11/15/2020 Account Number: 110543 Axon Enterprise, Inc. 17800 N 85th St. Scottsdale, Arizona 85255 United States Phone: (800) 978-2737 Protect Life. PRIMARY CONTACT David Dalton Phone: (727) 562-4299 Email: david.dalton@myclearwater.com BILL TO Clearwater Police Dept -FL 645 PIERCE STREET Clearwater, FL 33756 US SHIP TO David Dalton Clearwater Police Dept -FL 645 PIERCE STREET Clearwater, FL 33756 US SALES REPRESENTATIVE Brendan Rome Phone: Email: brome@axon.com Fax: Q-269920-44109.557BR 1 Year 3 Item Description Term (Months)Quantity List Unit Price Net Unit Price Total (USD) Axon Plans & Packages 50057 INTERVIEW ROOM UNLIMITED EVIDENCE.COM LICENSE YEAR 3 PAYMENT 2 1,188.00 1,188.00 2,376.00 50074 AXON CLIENT SOFTWARE MAINTENANCE ANNUAL PAYMENT 1 300.00 300.00 300.00 Subtotal 2,676.00 Estimated Tax 0.00 Total 2,676.00 Year 4 Item Description Term (Months)Quantity List Unit Price Net Unit Price Total (USD) Axon Plans & Packages 50058 INTERVIEW ROOM UNLIMITED EVIDENCE.COM LICENSE YEAR 4 PAYMENT 2 1,188.00 1,188.00 2,376.00 50074 AXON CLIENT SOFTWARE MAINTENANCE ANNUAL PAYMENT 1 300.00 300.00 300.00 Subtotal 2,676.00 Estimated Tax 0.00 Total 2,676.00 Year 5 Item Description Term (Months)Quantity List Unit Price Net Unit Price Total (USD) Axon Plans & Packages 50059 INTERVIEW ROOM UNLIMITED EVIDENCE.COM LICENSE YEAR 5 PAYMENT 2 1,188.00 1,188.00 2,376.00 Protect Life.Q-269920-44109.557BR 2 Year 5 (Continued) Item Description Term (Months)Quantity List Unit Price Net Unit Price Total (USD) Axon Plans & Packages (Continued) 50074 AXON CLIENT SOFTWARE MAINTENANCE ANNUAL PAYMENT 1 300.00 300.00 300.00 Subtotal 2,676.00 Estimated Tax 0.00 Total 2,676.00 Grand Total 17,318.38 Protect Life.Q-269920-44109.557BR 3 Summary of Payments Payment Amount (USD) Year 2 9,290.38 Year 3 2,676.00 Year 4 2,676.00 Year 5 2,676.00 Grand Total 17,318.38 Protect Life.Q-269920-44109.557BR 4 Sold By: Brendan Rome Designed By: Andrew Tanis InstalledBy:Axon Professional Services Customer Contact: Target Install Date: Agency Created For:Clearwater Police Dept -FL Axon Interview Recording Platform This document details a proposed system design STATEMENT OF WORK & CONFIGURATION DOCUMENT 5 QR-20160 -a3bf3000002uS6gAAE Total Camera Configurations 2 Camera(s)Locations # Rooms 2 Covert Enclosure(s) 2 Microphone(s) Injector(s) Total Switches 1 POE Switch(es) Total Servers 2 Server(s) (customer-provided included) Total Touch Panels 1 Touch Panel(s) (virtual not included) 0 Wall Mount(s) Total Camera Configurations 0 I/O Box(es) AXON-PROVIDED HARDWARE SUMMARY The following section offers a broad summary of the Axon-provided hardware needed to configure this order. With the exception of server quantities, QUANTITIES DO NOT REFLECT CUSTOMER-PROVIDED ITEMS. AXON INTERVIEW RECORDING PLATFORM This image is intended to be a general visual of how Interview Room is configured. Please read through the SOW for configuration specific to this deal. Locations # Rooms Clearwater Police Dept -FL - HQ Add-On 1 6 QR-20160 -a3bf3000002uS6gAAE INTERVIEW ROOM OVERVIEW The following sections detail the configuration of the Axon Interview recording system at all locations. Network Considerations Network Requirements Each IP Camera will be connected to a POE switch that provides the device with power and network connectivity. Each Recording Server must be given a static IPv4 network address that is routable across the network. Each IP Camera must be given a static IPv4 network address that is routable across the network. Each touch panel/kiosk must be given a static IPv4 network address that is routable across the network. Network Addressing Network Device Static IPs Total IPs Qty of IP Cameras 2 5Qty of Touch Panels 1 Qty of Recording Servers 2 Data Switch Provisioning This install will require POE data switches at each location. Virtual Kiosks 1 workstations will require virtual kiosk software to be installed. Customer Provided Items Customer to provide all device IP addresses Customer to also provide: • Subnet Mask • Gateway IP • DNS/WINS IP • Time Server IP Customer IT staff will configure all switches with proper network configuration. Metadata Tags Metadata Tagging The system will collect metadata information prior to, and after, the interview recording process (i.e. Interviewer Name, Interviewee Name, Case Number). Metadata Tags Information collected prior to recording: • Interviewee first and last name • Case number • Case type • Interviewee type Information collected post recording: • Interviewer name(s) Customer Provided Items Customer to provide preferred metadata fields. Axon Provided Items Axon to facilitate the creation of metadata fields. 7 QR-20160 -a3bf3000002uS6gAAE NETWORK CONFIGURATION DETAILS The following section offers a broad summary of the Axon-provided hardware needed to configure this order. Evidence Management System Evidence.com Application Features Network Applications: • Remote monitoring application Evidence.com Application Features: • Secure Cloud Storage • Redaction • Download/Sharing • Audit Trail • Reporting Application Package This solution will include on-site application training covering: • Touch panel overview • Initiating interview wizard • Entering metadata • Controlling the interview process • Closing an interview • Evidence.com functionality Notes Additional General Deal Notes Training Network Configuration Details 8 QR-20160 -a3bf3000002uS6gAAE LOCATION DETAILS: Clearwater Police Dept -FL -HQ Add-On The following sections detail the configuration of the Axon Interview recording system at CLEARWATER POLICE DEPT - FL -HQ ADD-ON Cable Considerations Cabling Runs Axon Professional Services will install the networking cables using a Cat6e Cable. 6 cable runs are required for this installation. 6 110v power outlets are required for this installation (Customer Responsibility). Cabling Requirements All Devices: Network cabling must be provided for the following devices: • Axis IP Camera • Server • Touch Panel or PC running a virtual Touch Panel • POE Switch Servers, Switches, Touch Panels Servers Customer will provide physical server Quantity:1 Customer will provide server 1 Redundancy This system includes recording redundancy Data Switch/POE Power Customer will provide data switch Quantity: 1 Touch Panels No Touch Panel Touch Panel Location No Touch Panel Number of I/O Boxes Required 0 Additional Location Notes Notes Location Name Clearwater Police Dept -FL -HQ Add-On 9 QR-20160 -a3bf3000002uS6gAAE Camera Configuration Camera 1 Camera 1 will be a(n) : AXIS F41/F1025 Covert IP Camera Covert Enclosure : Motion Sensor Enclosure Mic: Louroe Tamper Proof Mic Camera 2 Camera 2 will be a(n) : AXIS F41/F1025 Covert IP Camera Covert Enclosure : Flush Mount Enclosure Mic: Louroe Tamper Proof Mic Recording Activation Recording will be triggered via IR Client External Recording-In- Progress Visual N/A Wall Configuration Drywall Ceiling Configuration Standard Tile Additional Location Notes Notes Location Name Clearwater Police Dept -FL -HQ Add-On Room Name Add-0n Interview room 1 10 QR-20160 -a3bf3000002uS6gAAE ROOM DETAILS: Add-0n Interview room 1 The following sections detail the configurations specific to ADD-0N INTERVIEW ROOM 1 This Statement of Work is bound to the applicable signed quote. Upon confirmation of the installation dates, to be confirmed in writing, the agency will give no less than a 2- week advanced notice of cancellation or change from the date of the scheduled installation. In the event the Agency cancels 2 weeks or less from the date of the scheduled installation, the agency will be responsible for all travel booked, and resource costs associated with the cancelled installation. Rescheduling of the installation will be at the discretion of Axon Professional Services based on available dates within the installation schedule calendar. Changes to the scope of this SOW must be documented and agreed upon by the Parties in a change order. If the changes cause an increase or decrease in any charges or cause a scheduling change from that originally agreed upon, an equitable adjustment in the charges or schedule will be agreed upon by the Parties and included in the change order, signed by both Parties. Axon International, Inc’s Sales Terms and Conditions for Direct Sales to End User Purchasers 11 QR-20160 -a3bf3000002uS6gAAE Notes National Purchasing Partners (NPP) -Axon Contract No. VH11629 used for pricing and purchasing justification. This quote is co-termed with quote Q-200656 (executed contract #00022009). Year one has been pro-rated to 9 months to align with agency annual billing dates. This has been done according to an anticipated ship date range of 12/15/2020-12/31/2020. The end date of these subscriptions is subject to change if the ship/start date changes. 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. Signature:CustSIG Date:CustDate Name (Print):CustName Title:CustTitle PO# (Or write N/A):CustPo 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. Protect Life.Q-269920-44109.557BR 12 ***Axon Internal UseOnly*** Review1 Review 2 SFDC Contract #: Order Type: RMA#: Address Used: SO#: Comments: Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8377 Agenda Date: 11/2/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Fire Department Agenda Number: 7.1 SUBJECT/RECOMMENDATION: Approve the selection of Construction Manager at Risk (CMAR) Biltmore Construction Co., Inc. of Belleair, FL, per RFQ 18-20, for Fire Station 46 (18-0028-FD) and authorize the appropriate officials to execute same. (consent) SUMMARY: Fire Station 46, located at the north end of Mandalay park on Clearwater Beach, was built in 1964 and no longer meets the operational needs of the Clearwater Fire Department. The City issued RFQ #18-20 in January 2020 for CMAR firms for Fire Station 46. The RFQ review committee included representatives from the City’s Fire, Building & Maintenance, and Engineering Departments. April of 2020, three of the four respondent firms were invited to interview. The selection committee ranked the firms’ qualifications as follows: Biltmore Construction Co., Creative Contractors, and McCree Design Builders. The review committee recommends Biltmore Construction Co. based on their comprehensive experience building fire stations in flood hazard areas as well as other institutional buildings. Biltmore Construction will provide preconstruction phase services, including constructability design reviews, cost estimating and identifying value engineering options. Once design approaches final construction documents, staff will present to Council a guaranteed maximum price for Biltmore Construction to commence construction of the new Fire Station 46 in 2021. The Fire Department is responsible for owning and operating Fire Station 46. APPROPRIATION CODE AND AMOUNT: NA USE OF RESERVE FUNDS: NA Page 1 City of Clearwater Printed on 10/28/2020 I SLAND WAY MANDALAY AVE SNUG I S HARBOR IS MEMORIAL CSWY BAY ESPLANADE BRUCE AVE DEVON DR CORONADO DR ELDORADO AVE LARBOARD WAY WINDWARD PSGE POINSETTIA AVE P A L M IS N ELANTANA AVE H A R B O R P S G E BAYMONT ST EAST SHORE DR BAY ESPLANADE LOCATION MAP PROJECTSITE ^ Fire Station# 46534 Mandalay Ave.Project# 18-0028-FD GulfofMexico MandalayChannel 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:Page: 1 of 17/10/2020Date:WDMap Gen By:JWReviewed By:5-29s-15eS-T-R:258AGrid #: Procurement Division 100 S Myrtle Ave Clearwater FL 33756-5520 PO Box 4748, 33578-4748 727-562-4630 Tel REQUEST FOR QUALIFICATIONS Construction Manager at Risk Services – Fire Station 46 RFQ #18-20 January 23, 2020 NOTICE IS HEREBY GIVEN that sealed Statements of Qualifications will be received by the City of Clearwater (City) until 10:00 AM, Local Time, February 24, 2020 to provide Construction Manager at Risk Services – Fire Station 46 Brief Description: The City of Clearwater is seeking a Construction Manager at Risk firm to join the project team for the construction of a new Fire Station 46, City Project No. 18-0028-FD. Responses 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. This Request for Qualifications, any attachments and addenda are available for download at https://www.myclearwater.com/business/rfp Please read the entire solicitation package and submit the response in accordance with the instructions. This document (less this invitation and the instructions) and any required documents, attachments, and submissions will constitute the response. General, Process, or Technical Questions concerning this solicitation should be directed, IN WRITING, to the Procurement Manager. This Request for Qualifications is issued by: Lori Vogel, CPPB Procurement Manager lori.vogel@myclearwater.com INSTRUCTIONS CMAR – Fire Station 46 2 RFQ #18-20 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 One (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 response. 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 response. i.3 DUE DATE & TIME FOR SUBMISSION AND OPENING: Date: February 24, 2020 Time: 10:00 AM (Local Time) The City will open all responses properly and timely submitted and will record the names and other information specified by law and rule. All responses 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 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, responses are available for inspection by contacting the Procurement Division. i.4 SUBMIT RESPONSES TO: Use label at the end of this solicitation package City of Clearwater Attn: Procurement Division 100 S Myrtle Ave, 3rd Fl, Clearwater FL 33756-5520 or PO Box 4748, Clearwater FL 33758-4748 Responses will be received publicly at this address. Respondents may mail or hand-deliver responses. E-mail or fax submissions will not be accepted. No responsibility will attach to the City of Clearwater, its employees or agents for premature opening of a response that is not properly addressed and identified. i.5 LATE RESPONSES. The respondent assumes responsibility for having the response delivered on time at the place specified. All responses received after the date and time specified shall not be considered and will be returned unopened to the respondent. The respondent assumes the risk of any delay in the mail or in handling of the mail by employees of the City of Clearwater, or any private courier, regardless whether sent by mail or by means of personal delivery. It shall not be sufficient to show that you mailed or commenced delivery before the due date and time. All times are Clearwater, Florida local times. The respondent agrees to accept the time stamp in the City’s Procurement Division as the official time. i.6 LOBBYING. Any communication regarding this solicitation for the purpose of influencing the process or the award, between any person or affiliates seeking an award from this solicitation and the City is prohibited. This section shall not prohibit public comment at any City Council meeting, study session or Council committee meeting. This prohibition shall not apply to communication with the contact(s) identified in the solicitation or City-initiated communications for the purposes of conducting the procurement including but not limited to clarification of responses, presentations if provided in the solicitation, contract negotiations, protest/appeal resolution, or surveying non- responsive vendors. i.7 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 INSTRUCTIONS CMAR – Fire Station 46 3 RFQ #18-20 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 response. Respondents are cautioned to verify their responses before submission, as amendments to or withdrawal of responses submitted after time specified for opening of responses may not be considered. The City will not be responsible for any respondent errors or omissions. i.8 FORM AND CONTENT OF RESPONSES. Unless otherwise instructed or allowed, responses shall be submitted on the forms provided. An original and the designated number of copies of each response are required. Responses, 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 response is not properly signed or if any changes are not initialed, it may be considered non-responsive. The City may require that an electronic copy of the response be submitted. The response 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 response. i.9 DEBARMENT DISCLOSURE. If the respondent has been debarred, suspended, or otherwise lawfully precluded from participating in any public procurement activity, including being disapproved as a (sub)contractor with any federal, state, or local government, or if any such preclusion from participation from any public procurement activity is currently pending, the respondent shall include a letter with its response identifying the name and address of the governmental unit, the effective date of this suspension or debarment, the duration of the suspension or debarment, and the relevant circumstances relating to the suspension or debarment. If suspension or debarment is currently pending, a detailed description of all relevant circumstances including the details enumerated above must be provided. A response from a respondent who is currently debarred, suspended or otherwise lawfully prohibited from any public procurement activity may be rejected. i.10 RESERVATIONS. The City reserves the right to reject any or all responses or any part thereof; to reissue the solicitation; to reject non-responsive or non-responsible responses; to reject unbalanced responses; to reject responses where the terms and/or awards are conditioned upon another event; to reject individual responses for failure to meet any requirement; to award by part or portion, or total; to make multiple awards; to waive minor irregularities, defects, omissions, technicalities or form errors in any response. The City may seek clarification of the response from respondent at any time, and failure to respond is cause for rejection. Submission of a response confers on respondent no right to an award or to a subsequent contract. The City is responsible to make an award that is in the best interest of the City. All decisions on compliance, evaluation, terms and conditions shall be made solely at the City’s discretion and made to favor the City. No binding contract will exist between the respondent and the City until the City executes a written contract or purchase order. i.11 OFFICIAL SOLICITATION DOCUMENT. Changes to the solicitation document made by a respondent 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.12 ETHICS. It is the intention of the City to promote courtesy, fairness, impartiality, integrity, service, professionalism, economy, and government by law in the Procurement process. The responsibility for implementing this policy rests with each individual who participates in the procurement process, including respondents and contractors. 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: INSTRUCTIONS CMAR – Fire Station 46 4 RFQ #18-20 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.13 GIFTS. The City will accept no gifts, gratuities or advertising products from respondents or prospective respondents and affiliates. i.14 PROTESTS AND APPEALS. If a respondent believes there is a mistake, impropriety, or defect in the solicitation, believes the City improperly rejected its response, and/or believes the selected response 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 Policies and Procedures. If any discrepancy exists between this Section and the Procurement Rules, the language of the Procurement Rules controls. Protests based upon alleged mistake, impropriety, or defect in a solicitation that is apparent before the opening must be filed with the Procurement Manager no later than five (5) business days before 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 So Myrtle Ave, 3rd Fl Clearwater FL 33756-5520 or PO Box 4748 Clearwater FL 33758-4748 INSTRUCTIONS – EVALUATION CMAR – Fire Station 46 5 RFQ #18-20 i.15 EVALUATION PROCESS. Responses will be reviewed by a screening committee comprised of City employees and/or authorized agents. The City staff may or may not initiate discussions with respondents for clarification purposes. Clarification is not an opportunity to change the response. Respondents shall not initiate discussions with any City employee or official. i.16 CRITERIA FOR EVALUATION AND AWARD. The City evaluates three (3) categories of information: responsiveness, responsibility, and the technical response. All responses must meet the following responsiveness and responsibility criteria. a) Responsiveness. The City will determine whether the response complies with the instructions for submitting responses including completeness of response which encompasses the inclusion of all required attachments and submissions. The City must reject any responses that are submitted late. Failure to meet other requirements may result in rejection. b) Responsibility. The City will determine whether the respondent 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: past performance, references (including those found outside the response), compliance with applicable laws, respondent's record of performance and integrity- e.g. has the respondent been delinquent or unfaithful to any contract with the City, whether the respondent is qualified legally to contract with the City, financial stability and the perceived ability to perform completely as specified. A respondent 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 respondent’s facilities, equipment and personnel and those of any identified subcontractors. The City will determine whether any failure to supply information, or the quality of the information, will result in rejection. c) Technical Response. The City will determine how well responses meet its requirements in terms of the response to the solicitation and how well the offer addresses the needs of the project. The City will rank offers using a point ranking system (unless otherwise specified) as an aid in conducting the evaluation. The criteria that will be evaluated and their relative weights are: Evaluation Criteria Points Qualifications, Experience, and References (Tab 2) 35 Project Approach (Tab 3) 30 Project Staff and Availability (Tab 4) 30 Construction Manager at Risk Fee and Safety Record (Tab 5) 5 i.17 SHORT-LISTING. The City at its sole discretion may create a short-list of the highest scored proposals based on a preliminary evaluation against the evaluation criteria. Only those short-listed proposers would be invited to give presentations and/or interviews. The City will finalize ranking of the firms upon conclusion of presentations/interviews. i.18 PRESENTATIONS/INTERVIEWS. The respondent must provide a formal presentation/interview on-site at a City location upon request. i.19 CONTRACT NEGOTIATIONS AND ACCEPTANCE. Respondent must be prepared for the City to accept the response as submitted. If respondent 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 response or revoke the award, and may begin negotiations with another Respondent. Final contract terms must be approved or signed by the appropriately authorized City official(s). No binding contract will exist between the respondent and the City until the City executes a written contract or purchase order. INSTRUCTIONS – EVALUATION CMAR – Fire Station 46 6 RFQ #18-20 i.20 NOTICE OF INTENT TO AWARD. Notices of the City’s intent to award a Contract are posted to Purchasing’s website. It is the respondent’s responsibility to check the City of Clearwater’s Purchasing website at http://www.myclearwater.com/bid to view the Procurement Division’s Intent to Award postings. i.21 RFQ TIMELINE. All dates are tentative and subject to change. Release RFQ: January 23, 2020 Advertise Tampa Bay Times: January 24, 2020 Responses due: February 24, 2020 Review responses/presentations: February 25, 2020 – March 23, 2020 Award recommendation: March 24, 2020 Council authorization: May 7, 2020 Contract begins: May 2020 DETAILED SPECIFICATIONS CMAR – Fire Station 46 7 RFQ #18-20 1. PROJECT MISSION. The City of Clearwater is dedicated to providing superior services to its customers in order to improve the quality of life for Clearwater residents, businesses and visitors. The City is looking for vendors who share that dedication and will help the City meet that goal. 2. BACKGROUND & SITE DESCRIPTION: Fire Station 46, located at the north end of Mandalay Park on Clearwater Beach, was built in 1964 and no longer meets the operational needs of the Clearwater Fire Department. A replacement Fire Station is proposed to be situated in the open park space beside the existing building. The new building will be similar in size to the existing building (approx. 8,000 sq. ft., 2.5 bays) and shall meet current building codes including FBC, FEMA, ADA and Stormwater requirements. Upon completion and commissioning of the new building, the old building will be decommissioned, demolished and turned into open park space. The proposed construction site is a highly visible location adjacent to a major beach thoroughfare, public beach access and public beach parking (Exhibit A). It is also located in a FEMA flood zone (AE), and the Pinellas Gulf Beaches Coastal Construction Code, Zone 2. The local construction staging area is very limited. 3. SCOPE OF WORK. The City of Clearwater (City) intends to engage a Construction Management (CM) at Risk firm to provide management of the preconstruction and construction services (collectively referred to as the Services) as described herein for the Clearwater Fire Station 46, City Project # 18-0028-FD. The City anticipates nine (9) months of design and ten (10) months of construction with the building completed by summer 2021. The chosen CM at Risk firm will join the project team near the 30% design phase, estimated to be in June 2020, to provide pre-construction phase services to the City under a purchase order for the negotiated design-phase fees. Applicable purchase order requirements are included with Exhibit D, Standard Terms and Conditions as well as the required Truth in Negotiation certificate (Exhibit C). When the construction documents are sufficiently complete to establish the scope of work for the project or any portion thereof, the Construction Manager will establish and submit in writing to the City for approval a Guaranteed Maximum Price (GMP) for the project. Once the GMP for construction on the project is agreed upon, the City staff may recommend to City Council to award the Construction Management firm the Construction Manager at Risk Contract. A sample contract is attached as Exhibit B, Sample Contract. However, if a GMP cannot be agreed upon, the City may negotiate with other shortlisted CM at Risk firms. The following documents are included with this RFQ: Exhibit A – FS46 Existing & Proposed Location Aerial Exhibit B – Construction Manager at Risk Services Contract. Standard contract to be entered into upon successful negotiation. Applicable terms for City construction contracts referenced in Exhibit B are available at https://www.myclearwater.com/government/city- departments/engineering/documents-publications/contract-specifications Exhibit C – Forms. Truth in Negotiation and Scrutinized Business forms required per Florida Statute. Exhibit D – Standard Terms and Conditions for Purchase Order. Standard Terms and Conditions applicable to the Purchase Order for pre-construction and construction phase services. 4. INSURANCE REQUIREMENTS. The Contractor (respondent) shall, at its own cost and expense, acquire and maintain (and cause any subcontractors, representatives or agents to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A- DETAILED SPECIFICATIONS CMAR – Fire Station 46 8 RFQ #18-20 VII or better. In addition, the City has the right to review the Contractor’s deductible or self-insured retention and to require that it be reduced or eliminated. Specifically the Contractor must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement. Specific work may require additional coverage on a case by case basis: a. Commercial General Liability Insurance coverage, including but not limited to, premises operations, products/completed operations, products liability, contractual liability, advertising injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. b. Commercial Automobile Liability Insurance coverage for any owned, non-owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars) combined single limit. c. Unless waived by the State of Florida, 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 $100,000 (one hundred thousand dollars) each employee each accident, $100,000 (one hundred thousand dollars) each employee by disease and $500,000 (five hundred thousand dollars) aggregate by disease with benefits afforded under the laws of the State of Florida. 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. If the Contractor is using its own property, or the property of the City or other provider, in connection with the performance of its obligations under this Agreement, then Contractor’s Equipment Insurance or Property Insurance on an “All Risks” basis with replacement cost coverage for property and equipment in the care, custody and control of others is required. e. 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. f. Pollution Insurance. The Contractor agrees to maintain Contractor’s Pollution Legal Liability on a per-project basis with minimum limits of $1,000,000 (one million dollars). For policies written on a “Claims-Made” basis the Contractor agrees to maintain a retroactive date prior to or equal to the effective date of this contract. In the event the policy is canceled, non- renewed, switched to occurrence form, or any other event which triggers the right to purchase a Supplemental Extended Reporting Period (SERP) during the life of this contract the Contractor agrees to purchase the SERP with a minimum reporting period of not less than two years. Purchase of the SERP shall not relieve the Contractor of the obligation to provide replacement coverage. g. Builder’s Risk Insurance. Builder’s Risk Insurance will be purchased by the City with input and coordination from the CMAR. The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies. DETAILED SPECIFICATIONS CMAR – Fire Station 46 9 RFQ #18-20 6. 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 Contractor 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.” In addition when requested in writing from the City, Contractor 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, RFQ #18-20 P.O. Box 4748 Clearwater, FL 33758-4748 b. Contractor shall provide thirty (30) days written notice of any cancellation, non-renewal, termination, material change or reduction in coverage. c. Contractor’s insurance as outlined above shall be primary and non-contributory coverage for Contractor’s negligence. d. Contractor reserves the right to appoint legal counsel to provide for the Contractor’s defense, for any and all claims that may arise related to Agreement, work performed under this Agreement, or to Contractor’s design, equipment, or service. Contractor agrees that the City shall not be liable to reimburse Contractor for any legal fees or costs as a result of Contractor 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 failure to request evidence of this insurance shall not be construed as a waiver of Contractor’s obligation to provide the insurance coverage specified. MILESTONES CMAR – Fire Station 46 10 RFQ #18-20 1. ANTICIPATED BEGINNING AND END DATE OF INITIAL TERM. May 2020 through December 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. RESPONSE FORMAT CMAR – Fire Station 46 11 RFQ #18-20 1. RESPONSE SUBMISSION - Submit one (1) signed original (identified as ORIGINAL) response, six (6) copies of the response and one (1) copy in an electronic format, on a disc or thumb drive, in a sealed container. 2. RESPONSE FORMAT. Qualifications shall be submitted in bound volumes on standard 8½" x 11" paper. All information must be assembled and indexed in the order indicated below. The page count shall include typed text, graphics, charts and photographs, but does not include Table of Contents, tabbed separator pages, cover and/or back page, Reference letters (Tab 2), Litigation (Tab 6) and Other Forms (Tab 7). 3. TAB 1 – LETTER OF INTEREST (two [2] pages). The cover letter must include the full legal name of the firm, the following information, and must be signed by an authorized representative of the company, preferably the president. Offeror must attach proof to the letter of signing authority for any representative who signs the cover letter other than the president. a. A brief summary of the proposing firm’s interest in the providing the requested services b. A statement of the Offeror’s understanding of the Construction Manager at Risk (CMAR) services with Guaranteed Maximum Price (GMP) to be provided c. The address of the office conducting the CMAR services d. The address of the office that would administer the agreement e. List Corporate officers, partners, or owners of your organization with titles and addresses. If the Offeror is a publicly held company list chairman of the board, chief executive officer (CEO), and president. f. The names(s) of the person(s) that will be authorized to make representations for the Offeror, including their titles, addresses, telephone numbers, and e-mail addresses TAB 2 – QUALIFICATIONS, EXPERIENCE, AND REFERENCES (eight [8] pages). Explain related CMAR services for site development and building experience, include examples of similar completed projects, particularly with Fire Stations. Provide list of construction projects with construction value of $5 million or more, both active and completed in the last five (5) years. Include the project name, location, owner, Architect/Engineer, description, dates services were performed for the project; color images of projects; initial and final construction cost (explain deviations from GMP), including change orders; initial and final contract duration (explain deviations); type of contract and the stage of design or construction that the construction contract amount (GMP) was agreed upon. Provide a minimum of three (3) references from similarly complex projects using a CMAR with the GMP process with a value of $5 million or more within the past seven (7) years. Reference projects must include: a. Offeror’s project management team assigned to respective project whom will be designated for this RFQ’s project team b. Client project manager name, title, email address, and telephone numbers c. Reference letters from the project owner(s) must be specific to the referenced project (not included in page count) TAB 3 – PROJECT APPROACH (six [6] pages). Demonstrate the ability to provide the Concept Review and Cost Analysis, Pre-construction and Construction Phase services. Expand on items such as reporting systems, scheduling, construction phasing, cost estimating and value engineering (VE). Include examples of similar multi-phase projects where these processes have been used. a. Explain how the Offeror will provide the: (1) leadership; 2) management; and (3) administration required to be successful in the development of this project. b. Explain generally how Offeror will provide the Concept Review and Cost Analysis Services. c. Provide a summary of cost control methods for the (1) Pre-construction Phase; and (2) Construction Phase of the Project. d. The City desires to utilize the existing Fire Station 46 during the construction of the new Fire Station. Explain how the Offeror will manage construction activities while existing facilities are in use and ensure public safety. RESPONSE FORMAT CMAR – Fire Station 46 12 RFQ #18-20 e. There is active beach access around the site. Explain how the Offeror will manage construction activities while provided safe access to the public. f. Provide estimated duration of proposed construction phases. g. Describe how firm will maintain quality control methods for the (1) Pre-construction Phase; and (2) Construction Phase of the project. h. Describe how firm will maintain schedule control methods for the (1) Pre-construction Phase; and (3) Construction Phase of the project. i. Explain firm’s team approach to resolve potential conflicts with the (1) trade contractors and (2) City. j. Provide a brief narrative outlining why your firm is the best qualified to perform the CMAR services with GMP outlined in this RFQ. TAB 4 – PROJECT STAFF AND AVAILABILITY (four [4[ pages). Provide a list of key personnel the Offeror will commit to the project for its duration. Identify specific roles for each listed staff (such as project executive, project manager, on-site senior staff, superintendent etc.). Confirm that no key staff changes will take place without written authorization of the City. Identify prior similar projects the key personnel listed have worked on together as a team on behalf of the Offeror. Demonstrate staff’s knowledge of local work force, permitting processes, potential challenges on this project and solutions. Explain how expert sub-contractors in their field will be selected in a cost compatible process. Provide a list of key sub-contractors, their references, and a MOU for their commitment to join your team. Identify prior projects the key sub-contractors have worked on with your team. TAB 5 – CONSTRUCTION MANAGER AT RISK FEE AND SAFETY RECORD (two [2] pages). Provide Construction Manager at Risk fee percentage (not dollar amount) of the yet-to-be- determined Guaranteed Maximum Price. Provide data on the Offeror’s safety record of the past three (3) years as a percentage of employees’ direct hire fixed work hours, rounded to the nearest 1,000’s. Data should include: number of injuries and illness; number of lost time accidents; number of recordable cases; number of fatalities. Provide number of direct hire fixed hours worked. List your organization’s Workers’ Compensation Experience Modification Rate (EMR) for the last seven (7) years as obtained from your insurance agent. TAB 6 – Litigation. NOTE: this is not considered Confidential or Proprietary information – any response indicating such may be deemed non-responsive to the RFQ. a. Provide a complete listing of any convictions or fines incurred by the respondent firm or any of its principals for violations of any state or federal law within the past three (3) years. Identify firm’s executives who have current claims or who have participated in litigation against the City of Clearwater while with another firm. Executives of firms currently under litigation with the City may not be considered for this project. b. Provide a complete listing of all litigation involving a construction project or contract (excluding personal injury and workers’ compensation) whether currently pending or concluded within the past three (3) years in which the respondent firm was a named party. c. Provide a complete listing of all administrative proceedings involving a construction project or contract, whether currently pending or concluded within the past three (3) years, in which the respondent firm was a named party. (NOTE: Administrative Proceedings shall include: (i) any action taken or proceeding brought by a governmental agency, department, or officer to enforce any law, regulation, code, legal, or contractual requirement, except for those brought in state or federal courts; (ii) any action taken by a governmental agency, department, or officer imposing penalties, fines, or other sanctions for failure to comply with any such legal or contractual requirement; or (iii) any other matter before an administrative body.) d. Provide a complete listing of all arbitrations involving a construction project or contract, whether currently pending or concluded in the past three (3) years, in which the respondent firm was a named party. RESPONSE FORMAT CMAR – Fire Station 46 13 RFQ #18-20 TAB 7 - Other Forms. The following forms should be completed and signed: a. Exceptions, Additional Materials, Addenda form b. Company Information form c. Response Certification form d. Exhibit C Forms e. Copy of the firm’s current Florida Department of Business and Professional Regulation’s License and Contractor License f. If the firm is a corporation, a copy of the current Florida Corporation Registration g. W-9 Form. All responses should include a fully completed, most current W-9 form. Failure to include the W-9 will not disqualify your bid. (http://www.irs.gov/pub/irs-pdf/fw9.pdf) EXCEPTIONS/ADDITIONAL MATERIALS/ADDENDA CMAR – Fire Station 46 14 RFQ #18-20 Respondents shall indicate any and all exceptions taken to the provisions or requirements in this solicitation document. Exceptions that surface elsewhere and that do not also appear under this section shall be considered invalid and void and of no contractual significance. Exceptions (mark one): **Special Note – Any material exceptions taken to the City’s Terms and Conditions may render a Response 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 response Additional Materials attached (describe--attach additional pages if needed) Addenda Respondents are responsible for verifying receipt of any addenda issued by checking the City’s website at www.myclearwater.com/apps20/cityprojects/invitationtobid.aspx/ prior to the bid opening. Failure to acknowledge any addenda issued may render a Bid Non-responsive. Acknowledgement of Receipt of Addenda (initial for each addenda received, if applicable): Addenda Number Initial to acknowledge receipt Vendor Name__________________________________________________ Date__________________ COMPANY INFORMATION CMAR – Fire Station 46 15 RFQ #18-20 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 response: 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: RESPONSE CERTIFICATION CMAR – Fire Station 46 16 RFQ #18-20 By signing and submitting this Response, the Company certifies that: a) It is under no legal prohibition to contract with the City of Clearwater. b) It has read, understands, and is in compliance with the specifications, terms and conditions stated herein, as well as its attachments, and any referenced documents. c) It has no known, undisclosed conflicts of interest. d) 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. e) 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. f) 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. g) 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. h) It will provide the materials or services specified in compliance with all Federal, State, and Local Statutes and Rules if awarded by the City. i) It is current in all obligations due to the City. j) It will accept such terms and conditions in a resulting contract if awarded by the City. k) The signatory is an officer or duly authorized agent of the respondent with full power and authority to submit binding offers for the services as specified herein. ACCEPTED AND AGREED TO: Company Name: Signature: Printed Name: Title: Date: MAILING LABEL CUT ALONG THE LINE AND AFFIX TO THE FRONT OF YOUR BID CONTAINER CMAR – Fire Station 46 17 RFQ #18-20 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ SEALED RESPONSE Submitted by: Company Name: Address: City, State, Zip: RFQ #18-20, CMAR – Fire Station 46 Due Date: February 24, 2020, at 10:00 A.M. City of Clearwater Attn: Procurement Division PO Box 4748 Clearwater FL 33758-4748 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ SEALED RESPONSE Submitted by: Company Name: Address: City, State, Zip: RFQ #18-20, CMAR – Fire Station 46 Due Date: February 24, 2020, at 10:00 A.M. City of Clearwater Attn: Procurement Division 100 S Myrtle Ave 3rd Fl Clearwater FL 33756 ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services------------------------------------------------ 1 Construction Manager at Risk Biltmore Construction Co., INC. Fire Station 46 – Consulting Services (RFQ #18-20) Sample CMAR Contract This CONTRACT made and entered into on this _____ day of _______________, 20__, by and between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as the “City” or “Owner”, and _______________, authorized to do business in Pinellas County and State of Florida, hereinafter designated as the “Construction Manager”. The contracting entities shall collectively be known as the “Parties.” WITNESSETH: WHEREAS, the Clearwater City Council has approved using the Construction Manager at Risk approach on appropriate projects as determined by the City’s Engineering Department; and WHEREAS, the City desires to engage the services of the Construction Manager to provide management of the necessary construction, design, and preconstruction services (collectively referred to as the “Services”) subject to the terms and conditions set forth in this Contract and any agreement incorporated into this Contract by reference; and WHEREAS, the City selected the Construction Manager in accordance with the competitive selection process based on information and representations given by the Construction Manager in a response to Request for Qualifications _______________. NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES THAT THE ABOVE RECITALS AND REPRESENTATIONS ARE TRUE AND ACCURATE AND ARE INCORPORATED HEREIN BY REFERENCE AND THE PARTIES FURTHER AGREE AS FOLLOW: ARTICLE 1: SCOPE OF WORK, CONTRACT DOCUMENTS, AND TERM 1.1 The Construction Manager and its successors, assigns, executors or administrators, in consideration of the sums of money, as herein after set forth to be paid by the City to the Construction Manager, shall and will at its own cost and expense perform all labor, furnish all materials, tools and equipment for all individual projects assigned as a result of this Contract. 1.2 For each individual project assigned, in accordance with such proposal and technical supplemental specifications and such other special provisions and drawings, if any, which will be submitted by the City, together with any advertisement, instructions to bidders, general conditions, proposal and bond, which may be hereto attached, and any drawings, if any, which may be herein referred to, are hereby made a part of this Contract, and all of said work to be performed and completed by the contractor and its successors and assigns shall be fully completed in a good and workmanlike manner to the satisfaction of the City. 1.3 Unless otherwise specified in this Contract, all work shall be completed in accordance with Section III and Section IV of the City of Clearwater Contract Specifications (the “Specifications”). For the purposes of this Contract, the term Contractor in Section III shall include the Construction Manager. The Specifications, as may be supplemented and 2 changed, along with this Contract constitute the “Contract Documents.” All terms and conditions set forth in RFQ __________, Standard Terms and Conditions are incorporated by reference and attached hereto. Any inconsistency in documents relating to this Contract shall be resolved by giving precedence in the following order: (i) Proposals(s); (ii) this Contract and any amendments; (iii) Specifications; (iv) RFQ __________, Standard Terms and Conditions. 1.4 The term of this Contract shall commence upon execution of this Contract by the Parties and shall terminate after completion and acceptance of the Projects as provided herein and upon final payment in accordance with the Contract Documents. ARTICLE 2: CONSTRUCTION MANAGER’S DUTIES AND STATUS 2.1 The Construction Manager recognizes the relationship of trust and confidence established between it and the City by this Contract, and agrees with the City to furnish its best skill and judgment and the overall supervision of its executives; to furnish efficient business administration and superintendence; and to use every effort to keep upon the project site at all times an adequate supply of workforce and materials to secure its execution and completion in the most expeditious and economical manner. 2.2 The Construction Manager represents that it has made a thorough examination of the premises and is thoroughly familiar with the conditions under which it is to work. 2.3 The Construction Manager agrees to perform and complete the Services in accordance with laws, rules, and regulations of all governmental authorities and departments thereof. 2.4 The Construction Manager agrees to cooperate with the City, Architect-Engineer, or any other Design Professional in all respects, including, but not limited to, providing necessary preconstruction services, such as evaluation of methods, availability and costs of the various components of the Services while under design consideration; supervising the Services and the progress thereof; the coordination of the Services and suggesting changes in the Services; and supplying information as to costs and availability of materials and methods of construction in order, amongst other things, to reduce costs wherever the same may be practicably consistent with the quality of the Services presented in the Contract Documents. 2.5 The Construction Manager agrees to the following: a) In connection with the performance of work under this Contract, the Construction Manager agrees not to discriminate against any employee or applicant for employment because of race, sex, religion, color, national origin, or any other protected class under federal or state law. The aforesaid provision shall include, but not be limited to, the following employment: - upgrading - demotion or transfer - recruitment or recruitment advertising - lay-off or termination - rates of pay or other forms of compensation; and 3 - selection for training, including apprenticeship b) The Construction Manager agrees to post hereafter in conspicuous places, available for employees or applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the non-discrimination clause. c) The Construction Manager further agrees to insert the foregoing provisions in all contracts hereunder, including contracts or agreements with labor unions and/or worker’s representatives, except sub-contractors for standard commercial supplies or raw materials. ARTICLE 3: SCOPE OF THE SERVICES 3.1 The services that the Construction Manager shall provide include but are not limited to those described in the following sections. 3.2 Reporting. Written reports shall be provided with the monthly pay requests as follows: a) Monthly Executive Summary which provides an overview of current issues and pending decisions, future developments and expected achievements, and any problems or delays, including code violations found by any permitting agency. b) A Monthly Construction Progress Report that includes a cost narrative, a scheduling narrative and that summarizes the work of the various subcontractors. This report shall include information from the weekly job site meetings as applicable such as: - general conditions - long lead supplies - current deliveries - safety and labor relations programs permits - construction problems and recommendations; and - plans for the succeeding month 3.3 Scheduling a) Upon award of this Contract, the Construction Manager shall submit a master project schedule covering the planning and design approvals, construction, and Owner occupancy of the project. This schedule will serve as the framework for the subsequent development of all detailed schedules. The master project schedule shall be produced and updated monthly throughout the project. b) Within thirty (30) days after the date of the Owner’s issuance of a Notice to Proceed, the Construction Manager shall prepare and submit to the Owner two copies of a Critical Path Method (CPM) construction schedule graphically depicting the activities contemplated to occur as a necessary incident to performance of the work required to complete the project, showing the sequence in which the Construction Manager proposes for each such activity to occur and duration (dates of commencement and completion, respectively) of each activity. 4 c) Following development and submittal of the construction schedule, the Construction Manager shall, at the end of each calendar month during the project, or at such earlier intervals as circumstances may require, update and/or revise the construction schedule to show the actual progress of the work performed and the occurrences of all events which have affected the progress of performance of work already performed or will affect the progress of the performance of the work yet to be performed in contrast with the planned progress of performance of such work, as depicted on the original construction schedule and all updates and/or revisions thereto as reflected in the updated and/or revised construction schedule last submitted prior to submittal of each such monthly update and revision. Each such update and/or revision to the construction schedule shall be submitted to the Owner in duplicate. d) The Construction Manager shall provide current scheduling information and provide direction and coordination regarding milestones, beginning and finishing dates, responsibilities for performance and the relationships of the Construction Manager’s work to the work of his subcontractors and suppliers to enable them to perform their respective tasks so that the development of construction progresses in a smooth and efficient manner in conformance with the overall project schedule. The schedule shall include all phases of the construction work, material supplies, long lease procurement, approval of shop drawings, change orders in progress, schedules for change orders, and performance testing requirements. The Construction Manager shall advise the Owner, its representatives and the Architect-Engineer of their required participation in any meeting or inspection giving each at least one-week notice unless such notice is made impossible by conditions beyond his control. The Construction Manager shall hold job-site meetings at least once each month with the Construction Team and at least once each week with the subcontractors and the Architect-Engineer’s Field Representative, or more frequently as required by work progress, to review progress, discuss problems and their solutions and coordinate future work with all subcontractors. e) Twice per month corresponding as closely as possible with progress review meetings, a “two week” look ahead report shall be prepared and submitted to Owner and Architect / Engineer. 3.4 Design Review and Recommendations a) The Construction Manager shall familiarize himself thoroughly with the evolving architectural, civil, mechanical, plumbing, electrical and structural plans and specifications and shall follow the development of design through Contract Documents. The Construction Manager shall make recommendations with respect to the selection of systems and materials, and cost reducing alternatives including assistance to the Architect-Engineer and Owner in evaluating alternative comparisons versus long term cost effect. The evaluation shall speak to the benefits of the speed of erection and early completion of the project. The Construction Manager shall furnish pertinent information as to the availability of materials and labor that will be required. The Construction Manager shall submit to the Owner and Architect-Engineer such comments as may be appropriate concerning construction, feasibility, and practicality. The Construction Manager shall bring to the Owner and the Architect- 5 Engineer’s attention any apparent defects in the design, drawing and specifications, or other documents. The Construction Manager shall prepare an estimate of the construction cost at appropriate milestones during the design and shall evaluate such estimate with the project budget. The Construction Manager shall recommend cost saving alternatives, as appropriate, at each design milestone. At each design milestone the Owner, Architect Engineer and Construction Manager shall conduct a value engineering review. b) After receiving the Construction Documents for each phase of the project, the Construction Manager shall perform a specific review thereof. Promptly after completion of the review, the Construction Manager shall submit to the Owner, with a duplicate to the Architect-Engineer, a written report covering suggestions or recommendations previously submitted, additional suggestions or recommendations as the Construction Manager may deem appropriate, and all actions taken by the Architect-Engineer with respect to same, any comments he may deem to be appropriate with respect to separating the work into separate contracts and/or alternative materials. c) At completion of the Construction Manager’s review of the plans and specifications, except only as to specific matters as may be identified by appropriate comments pursuant to this section, the Construction Manager shall warrant, without assuming any architectural or engineering responsibility, that the plans and specifications are consistent, practical, feasible and constructible. The Construction Manager shall warrant that the work described in the plans and specifications for the various bidding packages is constructible within the scheduled construction time. d) The Construction Manager shall review the design for the purpose of identifying long lead procurement items (i.e. machinery, equipment, materials, and supplies). When each item is identified, the Construction Manager shall notify the subcontractors, the Owner, and the Architect-Engineer of the required procurement and schedule. Such information shall be included in the bid documents and made a part of all affected sub-contracts. As soon as the Architect-Engineer has completed drawings and technical specifications and the Construction Manager has obtained permitting approval, the Construction Manager shall prepare invitations for bids. The Construction Manager shall keep informed of the progress of the respective subcontractors or suppliers, manufacturing or fabricating such items and advise Project Director, Owner and Architect-Engineer of any problems or prospective delay in delivery. 3.5 Staffing. Key personnel assigned to City projects by the Construction Manager shall not be removed from the project until alternate personnel acceptable to the City are approved in writing by the City. 3.6 Soliciting Bids a) Without assuming responsibilities of the Architect-Engineer, and unless waived in writing by the Owner, the Construction Manager shall prepare invitations for bids, or requests for proposal when applicable, for all procurements of long lead items, materials and 6 services, and for Subcontractor contracts. Such invitations for bids shall be prepared in accordance with the following guidelines: i) Contracts totaling $1,000 but not exceeding $10,000 may be entered into by the Construction Manager with the firm which is qualified and submits the lowest verbal quotation. The Construction Manager shall obtain a minimum of two (2) verbal quotations. These quotations shall be entered on a bid tabulation sheet and a copy of such tabulation sent to the Owner, Architect-Engineer and to each firm. The successful quotation shall be confirmed by written contract or purchase order to the low bid firm defining the scope and quality of work to be provided. ii) Contracts totaling $10,000 but not exceeding $200,000 may be entered into by the Construction Manager with the firm who is qualified and submits the lowest responsive proposal. The Construction Manager shall request at least three (3) firms to submit sealed written proposals based on written drawings and/or specifications. The written proposals shall all be opened publicly at the location, date and time named by the Construction Manager in his request for proposal. A tabulation of the results shall be furnished to the Owner, Architect-Engineer and to each firm. iii) Contracts totaling $200,000 but not exceeding $500,000 may be entered into by the Construction Manager with the firm who is pre-qualified and submits the lowest responsive proposal. The Construction Manager shall advertise these projects at least once with the last advertisement appearing at least 21 calendar days prior to the established bid opening date. These proposals shall be based on approved plans and specifications. Bids shall be received and opened publicly at the location, date and time established in the bid advertisement. iv) Contracts totaling $500,000 or greater shall be treated the same as described under iii above except that the advertisement shall be run for at least 30 days prior to the established bid opening and at least 5 days prior to any scheduled pre-bid conference. v) Individual purchases of materials or rentals or leases of equipment of up to $999.99 each may be made without bids or quotes when reasonably necessary to expedite work on the project; however, the Construction Manager shall not divide or separate a procurement in order to avoid the requirements set forth above. vi) Site utilities may be acquired at market rates from the entity(ies) providing such in the franchise area. b) For each separate construction contract exceeding $35,000, the Construction Manager shall, unless waived by Owner, conduct a pre-bid conference with prospective bidders, the Architect-Engineer, and the Owner. In the event questions are raised which require an interpretation of the bidding documents or otherwise indicate a need for clarification or correction of the invitation, the Construction Manager shall transmit these to the 7 Architect-Engineer and upon receiving clarification or correction in writing shall prepare an addendum to the bidding document, and issue same to all of the prospective bidders. 3.7 Quality Control. The Construction Manager shall develop and maintain a program, acceptable to the Owner and Architect-Engineer that assures quality control of the construction. The Construction Manager shall supervise the work of all subcontractors providing instruction to each when their work does not conform to the requirements of the plans and specifications and shall continue to assert influence and control over each subcontractor to ensure that corrections are made in a timely manner so as to not affect the efficient progress of the work. Should disagreement occur between the Construction Manager, the Owner or the Architect-Engineer over acceptability of work and conformance with the requirements of the specifications and plans, the Owner shall be the final judge of performance and acceptability. 3.8 Subcontractor Interfacing. The Construction Manager shall be the single point of interface with all subcontractors for any work done under this Contract. The Construction Manager shall negotiate all change orders, field orders and request for proposals, with all affected subcontractors and shall review the costs of those proposals and advise the Owner and Architect-Engineer of their validity and reasonableness, acting in the Owner’s best interest prior to requesting approval of each change order from the Owner. Before any work is begun on any change order, a written authorization from the Owner must be issued. When health and safety are threatened, however, the Construction Manager shall act immediately to remove such threat to health and safety. The Construction Manager shall also carefully review all shop drawings and then forward the same to the Architect-Engineer for review and actions. The Architect-Engineer will transmit them back to the Construction Manager who will then issue the shop drawings to the affected subcontractor for fabrication or revision. The Construction Manager shall maintain a record to promote expeditious handling. The Construction Manager shall request the Architect-Engineer to make interpretations of the drawings or specifications requested of him by the subcontractors and shall maintain a record to promote timely response. The Construction Manager shall advise the Owner and Architect- Engineer when timely response is not occurring on any of the above. The Construction Manager shall collect, review, and submit to the Owner, all project closeout documentation including operation, maintenance, and training manuals. ARTICLE 4: MAXIMUM PROJECT COST AND FEES FOR SERVICES 4.1 Guaranteed Maximum Price for Construction a) When the Construction Documents are sufficiently complete to establish the scope of work for the project or any portion thereof, the Construction Manager will establish and submit in writing to the Owner for his approval a Guaranteed Maximum Price (GMP) guaranteeing the maximum price to the Owner, for the construction cost of the project or designated part thereof. Such Guaranteed Maximum Price will be subject to modification for changes in the project as provided in article 4.1(e) below. Actual price paid for the work by the Owner, however, shall be the actual cost of all work subcontracts, supply contracts, direct labor costs, direct supervision costs and direct job costs, plus the Construction Manager’s fees or 8 the GMP, whichever is less when the work is complete. Invoicing shall occur monthly for completed work with 5% retainage withheld until final completion and acceptance of all work covered in the contract documents in accordance with the City’s General Conditions. GMP Proposals will be incorporated by reference and attached hereto as exhibits. b) At the time of submission of a Guaranteed Maximum Price, the Construction Manager will verify the time schedule for activities and work which were adopted and used to determine the Construction Manager’s cost of work. In addition to the cost of work, a GMP will include an agreed upon sum as the construction contingency which is included for the purpose of defraying the expenses due to unforeseen circumstances relating to construction. The Construction Manager will be required to furnish documentation evidencing expenditures charged to the contingency prior to the release of funds by the Owner. If bids are received below the applicable line items in the GMP, the surplus will be added to the contingency. c) If bids are received above the applicable line item in the GMP, the deficiency will be taken from the contingency; however, such occurrence shall not be cause to increase the GMP. d) If bids are not received for a portion of the work at or below the applicable line item amount in the GMP, the Construction Manager reserves the right to perform that portion of the work as acknowledged by the Owner or negotiate for its performance for the specified line item lump sum amount or less. e) The increase or decrease in the Guaranteed Maximum Price resulting from a change in the project shall be determined in one or more of the following ways: i. By mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation by the Architect-Engineer and Owner; ii. By unit prices stated in the agreement or subsequently agreed upon; iii. If none of the methods is agreed upon, the Construction Manager, provided it has received a signed written order by the Owner, shall promptly proceed with the work involved. The cost of such work shall then be determined on the basis of the reasonable expenditures and savings of those performing the work attributed to the change. In the event a change order is issued under these conditions, however, the Architect-Engineer will establish an estimated cost of the work and the Construction Manager shall not perform any work whose cost exceeds that estimate without prior written approval by the Owner. In such case, the Construction Manager shall keep and present, in such form as the Owner may prescribe, an itemized accounting together with appropriate supporting data of the increase in the cost of the project. The amount of decrease in the Guaranteed Maximum Price to be allowed by the Construction Manager to the Owner for any deletion or change which results in a net decrease in cost will be the amount of the actual net decrease; iv. The Architect-Engineer will have authority to order minor changes in the 9 project not involving an adjustment in the Guaranteed Maximum Price or an extension of the Construction Completion Date and not inconsistent with the intent of the Drawings and Specifications. Such changes shall be affected by written order. Documentation of changes shall be determined by the Architect-Engineer. Changes shall be approved by the Architect-Engineer. 4.2 Construction Manager’s Fee. In consideration of the performance of the contract, the Owner agrees to pay the Construction Manager as compensation for his services, fees as set forth below: Preconstruction Phase Fee. This fee shall be based on design costs if applicable, constructability review, value engineering and fee determination of Guaranteed Maximum Price. The fee for this phase in the amount of $ TBD shall be paid at the negotiated price upon receipt of the Guaranteed Maximum Price. Preconstruction Service Proposals will be incorporated by reference and attached hereto as exhibits. Construction Phase Fee. Prior to commencement of the Construction Phase, the Owner will direct the Construction Manager in writing to proceed into the Construction Phase. The Construction Manager’s compensation for work or service performed during the Construction Phase shall be a fee of $ TBD. The Construction Phase Fee shall be invoiced and paid in TBD months. Payments will be remitted monthly at the cost of $ TBD each and one final monthly payment of $ TBD. The first monthly payment shall become due thirty days following the issuance of the first Construction Authorization and the final monthly payment shall be paid only when construction of the project is completed and occupancy of the project accepted by the Owner. If construction is authorized only for a part of the project, the fee paid shall be proportionate to the amount of work authorized by the Owner. ARTICLE 5: TERMINATION AND TIME OF THE ESSENCE 5.1 If the Construction Manager is adjudged bankrupt or makes a general assignment for the benefit of creditors, or if a receiver is appointed on account of its insolvency, or if refuses or fails, except in cases for which an extension of time is provided, to supply enough properly skilled workmen or proper materials for the Services, or otherwise be guilty of a substantial violation of any provision of this Contract as determined by the certificate of the Architect, the Owner may, without prejudice and reserving any other right or remedy the Owner may have, after giving the Construction Manager seven (7) days’ written notice, terminate this Contract with the Construction Manager and take possession of the premises and all materials, tools, and appliances thereon and finish the project in whatever manner the Owner may deem expedient. The City may also terminate this Contract pursuant to Article 15, Section III of the Contract Specifications. 5.2 It is mutually agreed between the Parties hereby that time is of the essence of this Contract, and in the event that the Substantial Completion Date is not achieved within the time stipulated herein, it is then further agreed that the City may deduct from such sums or compensation as may be due to the Construction Manager, the sum of $1,000.00 per day for each day that the 10 work to be performed by the Construction Manager remains incomplete beyond the time limit specified herein, which sum of $1,000.00 per day shall only and solely represent damages which the City has sustained by reason of the failure of the Construction Manager to complete the work within the time stipulated, it being further agreed that the sum is not to be construed as a penalty but is only to be construed as liquidated damages for failure of the Construction Manager to complete and perform all work within the time period as specified in this Contract. ARTICLE 6: INDEMNIFICATION 6.1 To the fullest extent permitted by law, Construction Manager 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 the Construction Manager, its contractors, subcontractors, agents, employees, or personnel under this Contract; (ii) any negligent acts, errors, mistakes or omissions by Construction Manager, its contractors, subcontractors, agents, employees, or, personnel; and (iii) Construction Manager, its contractors, subcontractors, agents, employees, or personnel failure to comply with or fulfill the obligations established by this Contract. 6.2 The Construction Manager 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. 6.3 The City assumes no liability for actions of Construction Manager and will not indemnify or hold Construction Manager or any third party harmless for claims based on this Contract or use of Construction Manager provided supplies or services. 6.4 Nothing contained herein shall be construed as a waiver of any immunity from or limitation of liability the City (Owner) may be entitled to under the doctrine of sovereign immunity or section 768.28, Florida Statutes. 6.5 This article shall survive the termination of this Contract. ARTICLE 7: TITLE TO THE PROJECT 7.1 The title of all work, completed portions of the project and in the course of construction, and of all materials on account of which payment has been made shall be in the Owner. ARTICLE 8: ASSIGNMENT 8.1 This Contract shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns, except that this Contract may not be assigned by either party without the prior written consent of the other party. Any assignment made without such prior written consent shall not vest rights in the assignee. 11 ARTICLE 9: ADDITIONAL PROVISIONS 9.1 This Contract shall be governed by and construed in accordance with the laws of the State of Florida, and the venue for any dispute under this Contract shall be an appropriate court of competent jurisdiction in Pinellas County, Florida. 9.2 Any notice required to be given by the terms and provisions of this Contract or by any law or governmental regulation, either by the Owner or Construction Manager, shall be in writing unless otherwise required by such law or regulation and shall be deemed to have been served and given when deposited in either Registered or Certified Mail in United States Branch Post Office, addressed to the party hereto to whom directed, at the address specified in the Specifications. 9.3 The language in this Contract shall be construed according to its customary meaning within the Florida building industry. Whenever used, the singular shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. 9.4 If any provision of the Contract Documents is invalid or unenforceable as against any person or party, the remainder of the Contract Documents and the applicability of such provision to other persons or parties shall not be affected thereby. 9.5 The Parties are acting herein solely as independent contractors. Nothing herein contained will create or be construed as creating a partnership, joint venture, or agency relationship between the Parties. Each Party acknowledges and agrees that it neither has nor will give the appearance or impression of having any legal authority to bind or commit the other Party in any way. Each Party will be solely responsible for all wages, income taxes, worker’s compensation, and any other requirements for all personnel it supplies in connection with this Contract. 9.6 The City’s performance and obligation to pay under this Contract is contingent upon an annual appropriation by the Clearwater City Council. 12 IN WITNESS WHEREOF, the parties hereto have made and executed this Contract on the date and year first above written. (Corporate Seal) FIRM NAME By: ______________________________ Print Name: ____________________ Title: __________________________ WITNESS: By: ______________________________ Print Name: ____________________ Countersigned: CITY OF CLEARWATER ____________________________ ___________________________________ 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#20-8236 Agenda Date: 11/2/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Planning & Development Agenda Number: 8.1 SUBJECT/RECOMMENDATION: Provide direction on the proposed Hotel Development Agreement between Key Clearwater, LLC (property owner) and the City of Clearwater, providing for the allocation of three units from the Hotel Density Reserve under Beach by Design and confirm a second public hearing in City Council Chambers before City Council on November 19, 2020 at 6:00 p.m., or as soon thereafter as may be heard. (HDA2020-08003; 309 Coronado Drive). Executive Summary The subject site (Parcel A; SpringHill Suites), along with Parcel B (Residence Inn) are both addressed as 309 Coronado. Parcel A is the more northerly parcel with frontage along Coronado and Hamden Drives and Third Street. Parcel B is the more southerly parcel and only has frontage along Coronado and Hamden Drives. Each parcel was subject to respective Development Agreements (DVAs), which allocated units to each parcel from the Hotel Density Reserve (Reserve), and site plans approved as part of Flexible Development (FLD) applications, which enabled construction of two separate hotels on two separate parcels with a shared parking garage spanning both properties. Please note that since the parcels were the subject of the noted Development Agreements, the process for allocating units from the Reserve was modified and such agreements are called Hotel Development Agreements (HDAs). For simplicity, any agreement whether a prior DVA or current HDA will be referred to as a Development Agreement or simply an Agreement. Each parcel requested and was granted a specific and separate allocation from the Reserve. Parcel A was allocated 95 units from the Reserve and Parcel B was allocated 79 units. A total of 174 units were allocated. Parcel A originally included a total of 142 units and Parcel B 118 units totaling 260 units. At the time of the original Development Agreement and FLD approvals (FLD2009-08026/DVA2009-00002 [Parcel A] and FLD2009-08027/DVA2009-00003 [Parcel B]), the overall project consisted of five separate parcels. These five parcels were required to be consolidated into two separate parcels (Parcel A and Parcel B). This was done in 2015. At some point between 2015 and 2020 (date uncertain) the Pinellas County Property Appraiser’s Office (PCPAO) combined the two parcels into one parcel. Combining the two properties was contrary to several applicable regulations of the Community Development Code (CDC) and Beach by Design. Specifically, CDC Section 4-406.7 prohibits the addition of property to a parcel previously approved as part of a Flexible Development application. In addition, Beach by Design Section V.B.2 provides that a “maximum of 100 hotel rooms may be allocated from the Page 1 City of Clearwater Printed on 10/28/2020 File Number: ID#20-8236 Reserve to any development with a lot size less than 2.5 acres”. As one lot, the parcel would be limited to no more than 100 units allocated from the Reserve. Parcel A received 95 units and Parcel B received 79 units for a total of 174 units between the two parcels. Combining the parcels instantly rendered the newly created parcel in violation of this component of Beach by Design. The only options are to return 74 units to the Reserve or split the parcel back into two parcels. In addition, Staff recently learned that a total of five units allocated from the Reserve to these hotel projects were not constructed (two from Parcel A and three from Parcel B), and notified the applicant on January 21, 2020 that pursuant to each approved Development Agreement as well as Beach by Design, any unconstructed units had to be returned to the Reserve. After the five units were returned to the Reserve, the hotel owners approached the Planning and Development Department about requesting the re-allocation of those five units back to Parcels A and B. The applicants desire to renovate interior space and add three units to the subject hotel (Parcel/Hotel A) and two units to the adjacent hotel (Parcel/Hotel B). Upon receipt of this request, as well as a related companion request regarding the adjacent hotel, three additional issues were found: ·The interior space of the two hotels was not constructed in exact alignment with the parcels as indicated in the approved site plans. This impacted the number of units on each parcel (and resulting density) and resulted in several rooms being bifurcated by the common dividing property line. ·There are minor discrepancies between the number of rooms approved per the Agreement and associated site plans, and the number of rooms constructed. ·There is a minor discrepancy between the number of approved (302) and built (299) parking spaces. The primary purpose of this (and the companion) application is twofold: 1.To re-establish two parcels and locate a common/internal property line so that each parcel contains a density consistent with Beach by Design without bifurcating any hotel rooms; and 2.To reallocate three units from the Reserve to this hotel (Parcel/Hotel A) and two units to the adjacent companion hotel (Parcel/Hotel B), for a total of five units between Parcels A and B. Page 2 City of Clearwater Printed on 10/28/2020 PLANNING & DEVELOPMENT DEPARTMENT Staff Report for Hotel Development Agreement CASE: HDA2020-08003 RESOLUTION NO.: 20-39 REQUEST: Provide direction on the proposed Hotel Development Agreement between Key Clearwater, LLC (the property owner) and the City of Clearwater, providing for the allocation of three units from the Hotel Density Reserve under Beach by Design and confirm a second public hearing in City Council Chambers before City Council on November 19, 2020 at 6:00 p.m., or as soon thereafter as may be heard. (HDA2020-08003; 309 Coronado Drive). Site History: The overall site has been developed with two hotels (Parcel/Hotel A and Parcel/Hotel B) with a current combined total of 255 units. There are existing discrepancies between approved and built conditions vis-à-vis the number of units related to the two hotels. Because the two projects are related and share structured parking integral to their operations, all the provided tables, below, will include data for both parcels for consistency and clarity. The two projects were allocated a total of 174 units from the Reserve (included in the above noted 260 total approved units) although only 169 were constructed. Table 1, below summarizes these conditions: Planning & Development Department Level III Hotel Development Agreement Application Review Development Review Division HDA2020-08003– Page 2 Table 1 Item Parcel A1 SpringHill Suites Parcel B2 Residence Inn Total Approved (per FLD/DVA) 142 118 260 Built (constructed) 138 117 255 Allocated 95 79 174 Used 93 76 169 Diff: Allocated vs. Used 2 3 5 1. FLD2009-08026 & DVA2009-00002: Original addresses 300 and 316 Hamden Drive and 301, 305, 309 and 315 Coronado Drive; original parcels 08-29-15-17604-000-0010, 08-29-15-17586-001-0010, 08-29-15- 17586-001-0040 and a portion of 08-29-15-17604-000-0020; three subsequent minor revisions (FLD2009- 08026A). 2. FLD2009-08027 & DVA2009-00003: Original addresses 316, 326 and 330 Hamden Drive; original parcels 08-29-15-17604-000-0030 and a portion of 08-29-15-17604-000-0020; three subsequent minor revisions (FLD2009-08027A). The two hotels include typical associated accessory uses and will include a non-accessory marina facility recently approved, as part of applications FLD2009-08026A (Hotel A) and FLD2009- 08027A (Hotel B), on September 15, 2020 by the Community Development Board (CDB). The two projects also included approved commercial space (non-accessory) summarized in Table 2, below: Table 2 Item Parcel A1 (SpringHill Suites) (SF) Parcel B2 (Residence Inn) (SF) Restaurant 2,750 0 Retail 3,900 1,335 Subtotal 6,650 1,335 Total 7,985 1. FLD2009-08026 & DVA2009-00002 2. FLD2009-08027 & DVA2009-00003 As noted, the two developments share a common 299-space parking garage which was originally approved with 302 spaces. Except for the construction of five less hotel units and three less parking spaces, the two projects have been developed consistent with the two previously approved Flexible Development and two related Development Agreement applications. Both projects are considered built and vested, and both Agreements allocating units from the Hotel Planning & Development Department Level III Hotel Development Agreement Application Review Development Review Division HDA2020-08003– Page 3 Density Reserve under Beach by Design expired in accordance with Section 5.3 of the Agreements on December 17, 2019. In July, 2020 the applicant submitted two new Flexible Development applications to amend FLD2009-08026/FLD2009-08026A (Parcel/Hotel A) and FLD2009-08027/FLD2009-08027A (Parcel/Hotel B) in anticipation of approval of this (and the companion) Hotel Development Agreement request. To date, the new applications have been reviewed by the Development Review Committee (DRC) on October 1, 2020, and the details of the FLD amendment request are completely consistent with the details of this Hotel Development Agreement request (detailed below). These applications are tentatively scheduled for review by the CDB in December. Development Proposal: The proposal is as follows (also summarized in Table 3, below): • Maintain the exterior and the bulk of the interior of the existing building; • Incorporate three additional hotel units from the Reserve within the existing building footprint of Hotel A; • Recreate two separate lots with two separate parcel identification numbers with Parcel A consisting of 0.979 acres and Parcel B of 0.946 acres. The proposed common property line will not exactly follow the originally approved path and the parcel sizes will change slightly to avoid splitting individual hotel units between the two parcels since hotel units must be completely contained on one parcel or the other. This results in a shifting of land area from the original Parcel A to Parcel B, as detailed in Table 3; • Decrease the overall amount of non-accessory commercial area within both hotels by 753 square feet from 7,985 square feet to 7,232 square feet with all 7,232 square feet to be located on Parcel A. • Provide flexibility regarding the types of uses permitted within the 7,232 square feet of non- accessory commercial area. The original Development Agreements and Flexible Development applications specified the exact mix (square footage) of retail and restaurant uses. It is proposed that the non-accessory commercial area may be occupied by any non- residential use otherwise permitted in the Tourist (T) District pursuant to CDC Section 2-802, as may be amended. • Add approximately 2,000 square feet of outdoor patio/deck area for outdoor seating and dining on Parcel A. • No other changes to the site or building are proposed. • This Agreement (HDA2020-08003) is specific ONLY to Parcel A. Table 3, below, summarizes the proposed changes in permitted and allocated units, acreage, and non-accessory commercial area (as approved and as proposed): Planning & Development Department Level III Hotel Development Agreement Application Review Development Review Division HDA2020-08003– Page 4 Table 3 Item Parcel A (SpringHill Suites) Parcel B (Residence Inn) Total Approved Proposed Approved Proposed Approved Proposed Difference Acres 1.106 0.979 0.821 0.946 1.927 1.927 0.0000 Allocated Units 95 79 79 95 174 174 0 Net Base Permitted Units at 50 upa1 47 39 39 47 86 86 0 Total Units 142 118 118 142 260 260 0 Non- accessory Commercial Area1 6,650 7,232 1,335 0 7,985 7,232 -753 Accessory Commercial Area over 10% GFA1 -- 1,167.40 -- 0 -- 1,167.40 -- Final Net Density (upa) 1 150 150 150 150 -- -- -- 1.The permitted Floor Area Ratio (FAR) for the subject site is 1.0. The means that one square foot of land is needed to support one square foot of non-accessory commercial area. The proposal includes 7,232 square feet of non-accessory commercial area as well as 8,793 square feet of accessory area within Hotel A. The CDC requires that any amount of accessory floor area beyond 10 percent of the gross floor area (GFA) counts towards the otherwise permitted intensity of use of the site. The amount of accessory floor area equates to 11.53 percent of the GFA of Hotel A. The amount over 10 percent of the GFA of Hotel A is 1,167.40 square feet. That figure plus the 7,232 square feet of non-accessory commercial area totals 8,399.40 square feet (0.1928 acres). This area has been subtracted from the total proposed land area of Parcel A of 0.979 acres yielding 0.786 acres. It is this figure (0.7867 acres) which has been multiplied against the otherwise permitted number of hotel units (50 units per acre) and has also been used to determine the actual proposed final density. Note that Parcel B will include zero square feet of non-accessory floor area and little to no accessory floor area therefore the density calculations for this parcel require no land area subtractions. Planning & Development Department Level III Hotel Development Agreement Application Review Development Review Division HDA2020-08003– Page 5 Consistency with the Community Development Code (CDC): Minimum Lot Area and Width: Pursuant to CDC Table 2-803, the minimum required lot area and width for overnight accommodations is between 10,000 and 20,000 square feet and between 100 and 150 feet, respectively. The minimum required lot area and width for Marinas and Marina Facilities is 5,000 square feet and 50 feet, respectively. The subject property (Parcel A) is proposed to be 42,669 square feet in area and between approximately 174 and 226 feet wide. The proposal is consistent with these Code provisions. Minimum Setbacks: Pursuant to CDC Table 2-803, the minimum required setbacks (front, side and rear) may all be reduced to zero feet. The Small Motel District of Beach by Design provides for specific side setbacks which supersede those provided by the CDC of a minimum of 10 feet. No changes are proposed which would affect any side setback. The addition of approximately 2,000 square feet of patio/deck area will require a reduction in the front setback along the west and north as part a review and approval of a Flexible Development application by the CDB. Maximum Height: Pursuant to CDC Table 2-803, the maximum permitted height for overnight accommodations is 100 feet. Hotel A was approved and built at a maximum height of 74.33 feet (from BFE to flat roof) and 82 feet (to top of architectural embellishments). Hotel B was approved and built at a maximum height of 84 feet (from BFE to flat roof) and 99.5 feet (to top of architectural embellishments). No changes to the building heights are proposed. The proposal is consistent with these prior approvals, Code provisions and the applicable portions of Beach by Design. Minimum Off-Street Parking: As noted, two Development Agreements were approved in conjunction with the existing hotels (Hotels A and B). Each agreement contained a provision (Section 4.2) specifying the minimum number of parking spaces. Between the two Agreements (and approved Flexible Development applications) a total of 302 parking spaces were required serving 260 approved hotel units (1.161 spaces per unit), which is less than the 1.2 spaces per unit otherwise required by CDC Section 2- 802 and 803. The Agreements also specified a total of 7,985 square feet of retail and restaurant space with no additional required parking. As previously noted, only 299 parking spaces and 255 hotel units were constructed. As a matter of comparison, the CDC-compliant compliment of parking for the proposed project (inclusive of 260 rooms, 7,232 square feet of non-accessory commercial area, and the recently approved 20-slip marina facility) would be between 373 and 409 spaces. This is based on certain assumptions, including that 100 percent of the non-accessory commercial space will be occupied Planning & Development Department Level III Hotel Development Agreement Application Review Development Review Division HDA2020-08003– Page 6 by restaurant(s), for which there is a range for parking depending on various factors, which results in the most conservative parking requirement. The applicant has included a parking demand study, based on actual usage at the site, which demonstrates that an average of 175 spaces of the 299 provided spaces are available (unused) as shown in Table 4, below. It is important to note that the parking demand study was conducted pre-pandemic in November of 2019 and considers both Parcels A and B, includes the allocation of five additional hotel units as well as the approved 20-slip Marina Facility. In summary, City staff has accepted the submitted parking demand study which demonstrates that the existing parking garage will accommodate not only the existing hotel rooms and the non-accessory commercial space but also the proposed 20-slip Marina Facility. Final site plan approval will require the review and approval of a Flexible Development application by the CDB. Table 4 Spaces Friday Saturday Range Range Available Spaces 204 179 176 138 Average Available Spaces 192 157 Total Average Available Spaces 175 Landscaping: While a formal landscape plan is not required to be submitted for review at this time, the existing landscape areas will be slightly reduced with the inclusion of additional outdoor dining and seating areas. The conceptual landscape areas depicted on the site plan show that adequate spaces for foundation landscaping will be provided along all street frontages. Since no perimeter landscape buffers are required in the Tourist (T) District, the proposed landscape areas meet or exceed what is required. Consistency with Beach by Design: Design Guidelines: A review of the provided conceptual site plans was conducted and the proposal includes no changes to the building exterior. The building was constructed consistent with the previously approved Development Agreement and Flexible Development applications and is and will continue to be consistent with the applicable Design Guidelines established in Beach by Design. Hotel Density Reserve: The project has been reviewed for compliance with those criteria established within Beach by Design concerning the allocation of hotel rooms from the Reserve. The project appears to be generally consistent with those criteria, including that the development complies with the Planning & Development Department Level III Hotel Development Agreement Application Review Development Review Division HDA2020-08003– Page 7 Metropolitan Planning Organization’s (MPO) countywide approach to the application of traffic concurrency management for transportation facilities. The submitted Traffic Impact Study concludes that traffic operations at nearby intersections and on adjacent roadways would continue at acceptable levels of service. Standards for Development Agreements: The proposal is in compliance with the standards for Development Agreements, is consistent with the Comprehensive Plan and furthers the vision of beach redevelopment set forth in Beach by Design. The proposed Hotel Development Agreement will be in effect for a period not to exceed ten years, meets the criteria for the allocation of rooms from the Hotel Density Reserve under Beach by Design and includes the following main provisions: • Provides for the allocation of three units from the Hotel Density Reserve; • Sets the permitted amount of non-accessory commercial area to 7,232 square feet; • Allows the non-accessory commercial area to be used for any non-residential use otherwise permitted in the Tourist (T) District pursuant to CDC Section 2-802, as may be amended; • Requires a division of lot of record to be filed with the Pinellas County Property Appraiser and the City; • Requires the filing of a series of deed restrictions specific to amplified music, use of the non- accessory commercial area, operations of the proposed Marina Facility/Commercial Dock and the use of the parking garage; • Requires the developer to obtain building permits and certificates of occupancy in accordance with Community Development Code (CDC) Section 4-407; • Requires the return of any hotel unit obtained from the Hotel Density Reserve that is not constructed; • Prohibits the conversion of any hotel unit allocated from the Hotel Density Reserve to a residential use and requires the recording of a covenant restricting use of such hotel units to overnight accommodation usage; • Provides evidence that the development complies with the Metropolitan Planning Organization’s (MPO) countywide approach to the application of concurrency management for transportation facilities, and includes a transportation analysis conducted for the development; • Provides that all units in a hotel receiving units from the Reserve shall be made available to the public as overnight transient hotel guests at all times through the required hotel reservation system; • Provides that no hotel room in a hotel allocated units from the Reserve will have a full kitchen; Planning & Development Department Level III Hotel Development Agreement Application Review Development Review Division HDA2020-08003– Page 8 • Provides that a reservation system shall be required as an integral part of the hotel use and there shall be a lobby/front desk area that must be operated as a typical lobby/front desk area for a hotel would be operated; and • Requires a legally enforceable mandatory evacuation/closure covenant that the hotel will be closed as soon as practicable after a hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center. Changes to Development Agreements: Pursuant to Section 4-606.I., CDC, a Development Agreement may be amended by mutual consent of the parties, provided the notice and public hearing requirements of Section 4-206 are followed. Revisions to conceptual site plans and/or architectural elevations attached as exhibits to this Hotel Development Agreement shall be governed by the provisions of Section 4-406, CDC. Minor revisions to such plans may be approved by the Community Development Coordinator. Other revisions not specified as minor shall require an amendment to this Development Agreement. HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENT HOTEL A/SPRINGHILL SUITES HOTEL THIS HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENT ("Agreement") is dated the day of ____________, 2020, and entered into between Key Clearwater, LLC, a Florida limited liability company (“Developer"), its successors and assigns, and the CITY OF CLEARWATER, FLORIDA, a municipal corporation of the State of Florida acting through its City Council, the governing body thereof ("City"). RECITALS: WHEREAS, one of the major elements of the City's revitalization effort is a special area plan for the revitalization of Clearwater Beach adopted under the provisions of the Florida Growth Management Act, Florida Statutes Chapter 163, Part II, and entitled Beach by Design; and WHEREAS, Florida Statutes Sections 163.3220 - 163.3243, the Florida Local Government Development Agreement Act ("Act"), authorize the City to enter into binding development agreements with persons having a legal or equitable interest in real property located within the corporate limits of the City; and WHEREAS, under Section 163.3223 of the Act, the City has adopted Section 4-606 of the City of Clearwater Community Development Code ("Code"), establishing procedures and requirements to consider and enter into development agreements; and WHEREAS, Beach by Design proposed the development of hotel units to equalize development opportunities on the beach and ensure Clearwater Beach remains a quality, family resort community, and further provided for a limited pool of additional hotel units ("Hotel Density Reserve") to be made available for such mid-sized hotel projects; and WHEREAS, the Developer owns 1.927 acres of real property which is legally subdivided into two hotels pursuant to that Minor Lot Adjustment as recorded in the public records of Pinellas County at Official Records Book 18985 Page 2354 providing for and memorializing the lot lines for “Hotel A” and “Hotel B” in the corporate limits of the City; and WHEREAS, the Property subject to this Agreement is described as “Hotel A” consisting of 0.9795 acres and more particularly described on Exhibit "A" attached hereto and incorporated herein; and WHEREAS, on January 16, 2007, the Community Development Board (CDB) approved Case No FLD2006-10054 to permit a commercial dock in conjunction with existing hotels/motels at 300, 316 and 326 Hamden Drive for 20 slips. Although this project had been constructed and is considered vested the structure has been removed; and WHEREAS, on November 17, 2009, the CDB approved Case No. FLD2009-08026 to permit a 142-room overnight accommodation use, 3,900 square feet of retail sales floor area and 2,750 square feet of restaurant floor area in the Tourist (T) District; and WHEREAS, on November 17, 2009, the CDB approved Case No. FLD2009-08027 to permit a 118-unit overnight accommodation use and 1,335 square feet of retail sales floor area in the Tourist (T) District; and WHEREAS, on November 17, 2009, the CDB approved Case No. FLD2009-09036 to permit a commercial dock in conjunction with the non-constructed hotels at 300 and 316 Hamden Drive for 18 slips; and WHEREAS, on December 17, 2009, the City Council approved the allocation of up to 95 units from the Hotel Density Reserve under Beach by Design (Case No. DVA2009- 00002) and adopted a resolution to the same effect (Res. No. 09-38). This Development Agreement expired in accordance with Section 5.3 of the Development Agreement on December 17, 2019; and WHEREAS, on December 17, 2009, the City Council approved the allocation of up to 79 units from the Hotel Density Reserve under Beach by Design (Case No. DVA2009- 00003) and adopted a resolution to the same effect (Res. No. 09-39). This Development Agreement expired in accordance with Section 5.3 of the Development Agreement on December 17, 2019; and WHEREAS, prior to the expiration of DVA2009-00002 and DVA2009-0003, Developer’s predecessor in interest timely constructed the proposed Project which is open and operating for business; and WHEREAS, a condition of the approval and construction of the existing hotels was the recording of that certain Affidavit and approval of a Minor Lot Adjustment as recorded in the public records of Pinellas County at OR Book 18985 Page 2354 providing for and memorializing the lot lines for “Hotel A” and “Hotel B” as stated therein; WHEREAS, at the time of approval in November 2009, Hotel A was approved for 142 units on 1.106 acres, with 6,650 square feet of non-accessory commercial space, and Hotel B was approved for 118 units on 0.82 acres, with 1,335 square feet of non-accessory commercial space; and WHEREAS, the approvals cited above provided for a total of 260 units and only 140 units were constructed in Hotel B and 115 units in Hotel B for a total of 255 units; and WHEREAS, the as-built conditions of Hotel A and Hotel B varied from the as- approved unit counts, acreage, and commercial space, in that Hotel A was built with 115 units on 0.9795 acres, with 7,232 square feet of non-accessory commercial space, and Hotel B was built with 140 units on 0.9469 acres, with 0 square feet of non-accessory commercial space; and WHEREAS, the proposed lot lines of Hotel A and Hotel B have been adjusted to reflect the as-built conditions; and WHEREAS, the Developer desires to renovate certain interior spaces of Hotel A to increase the number of rooms to 118 overnight accommodation units, by adding three units as previously allocated from the Hotel Density Reserve but not constructed; and WHEREAS, Hotel A will be limited to 7,232 square feet of non-accessory commercial area in which any use permitted as a Flexible Standard Development pursuant to Community Development Code Section 3-802 (as may be amended) may be established; and WHEREAS, upon completion, Hotel A will contain 118 overnight accommodation units, which includes 79 units from the Hotel Density (“Reserve Units”); and WHEREAS, the City has conducted such public hearings as are required by and in accordance with Florida Statutes Section 163.3225, Code Sections 4-206 and 4-606, and any other applicable law; and WHEREAS, the City has determined that, as of the date of this Agreement, the proposed project is consistent with the City's Comprehensive Plan and Land Development Regulations; and WHEREAS, at a duly noticed and convened public meeting on _________, the City Council approved this Agreement and authorized and directed its execution by the appropriate officials of the City; and WHEREAS, approval of this Agreement is in the interests of the City in furtherance of the City's goals of enhancing the viability of the resort community and in furtherance of the objectives of Beach by Design; and WHEREAS, Developer has approved this Agreement and has duly authorized certain individuals to execute this Agreement on Developer's behalf. STATEMENT OF AGREEMENT In consideration of and in reliance upon the premises, the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto intending to be legally bound and in accordance with the Act and Code, agree as follows: SECTION 1. Recitals. The above recitals are true and correct and are a part of this Agreement. SECTION 2. Incorporation of the Act. This Agreement is entered into in compliance with and under the authority of the Code and the Act, the terms of which as of the date of this Agreement are incorporated herein by this reference and made a part of this Agreement. Words used in this Agreement without definition that are defined in the Act shall have the same meaning in this Agreement as in the Act. SECTION 3. Property Subject to this Agreement. The Property described in Exhibit "A" is subject to this Agreement ("Property"). 3.1 The Property currently has a land use designation of Resort Facilities High (RFH) and is zoned Tourist (T) District. 3.2. The Property is owned in fee simple or under contract to be owned in fee simple by the Developer. 3.3 The Property is generally located at 309 Coronado Drive as further described in Exhibit “A”. SECTION 4. Scope of Project. 4.1 The Project shall consist of 118 overnight accommodation units. Of the 118 overnight accommodation units, 79 total units shall be from the Hotel Density Reserve; 77 of such Reserve Units were previously constructed and are existing. 4.2 The Project combined of Hotel A and Hotel B shall include a minimum of 299 parking spaces, as defined in the Code. 4.3 The design of the Project, as constructed pursuant to the above-referenced approvals, is consistent with Beach by Design. 4.4 The density of the Project shall be 149.99 units per acre based on the portion of the site necessary to support the number of provided hotel rooms and as delineated by the lot line adjustment referenced in Section 6.1.3.3. In no instance shall the density of a parcel of land exceed 150 units per acre based on the portion of the site necessary to support the number of provided hotel rooms. The height of the Project shall be 74.33 feet measured from Base Flood Elevation to roof slab, as defined in the Code and as constructed. The maximum building heights of the various character districts cannot be increased to accommodate hotel rooms allocated from the Hotel Density Reserve. 4.5 The Project shall include no more than 7,232 square feet of non-accessory commercial space within the hotel building (Hotel A). SECTION 5. Effective Date/Duration of this Agreement. 5.1 This Agreement shall not be effective until this Agreement is properly recorded in the public records of Pinellas County, Florida pursuant to Florida Statutes Section 163.3239 and Code Section 4-606. 5.2 Within fourteen (14) days after the City approves the execution of this Agreement, the City shall record the Agreement with the Clerk of the Circuit Court for Pinellas County. The Developer shall pay the cost of such recording. The City shall submit to the Department of Economic Opportunity a copy of the recorded Agreement within fourteen (14) days after the Agreement is recorded. 5.3 This Agreement shall continue in effect for ten (10) years unless earlier terminated as set forth herein. SECTION 6. Obligations under this Agreement. 6.1 Obligations of the Developer: 6.1.1 The obligations under this Agreement shall be binding upon and the benefits of this Agreement shall inure to the Developer, its successors in interests or assigns. 6.1.2 At the time of development of the Property, the Developer will submit such applications and documentation as are required by law and shall comply with the Code applicable at the time of building permit review. 6.1.3 The following restrictions shall apply to development of the Property: 6.1.3.1 To retain the grant of Reserve Units provided for herein, the Property and improvements located thereon shall be incorporated into the existing development as may be amended from time to time. 6.1.3.2 The Developer shall obtain appropriate building plan approval or site plan approval pursuant to a Level One or Level Two development application within one (1) year from the effective date of this Agreement in accordance with the provisions of the Code, and shall then obtain appropriate permits and certificates of occupancy in accordance with the provisions of the Code. Nothing herein shall restrict Developer from seeking an extension of site plan approval or other development orders pursuant to the Code or state law. In the event that work is not commenced pursuant to issued permits, or certificates of occupancy are not timely issued, the City may deny future development approvals and/or certificates of occupancy for the Project, and may terminate this Agreement in accordance with Section 10. 6.1.3.3 The Developer agrees that Parcel A as originally described in a Declaration of Unity of Title signed, sealed and witnessed on October 20, 2015, is recreated through a new Declaration of Unity of Title with the Clerk of the Court and a Parcel Combination Request form with the Pinellas County Property Appraiser prior to the issuance of any further permits for any construction. 6.1.3.4 The Developer shall submit a lot line adjustment request to the Pinellas County Property Appraiser subsequent to a review and approval by the City as part of a Level II Flexible Development application, to reflect the lot lines as shown in Exhibit “B” to this Agreement. 6.1.3.5 The City has received and maintains on file the required evacuation plan as a condition of the Certificate of Occupancy previously issued for the construction of the Property. 6.1.4 Covenant of Unified Use. The Property is encumbered by a Covenant of Unified Use pursuant to the Development Agreement recorded at OR Book _____, Page ___ of the public records of Pinellas County. 6.1.5 Return of Units to Reserve Pool. Any Reserve Units granted to Developer not timely constructed in conjunction with the Project shall be returned to the Hotel Density Reserve and be unavailable to Developer for use on the Project. 6.1.6 Transient Use. A reservation system shall be required as an integral part of the hotel use and there shall be a lobby/front desk area that must be operated as a typical lobby/front desk area for a hotel would be operated. Access to overnight accommodation units must be provided through a lobby and internal corridor. All units in the hotel shall be made available to the public as overnight transient hotel guests at all times through the required hotel reservation system. Occupancy in the hotel is limited to a term of less than one (1) month or thirty-one (31) consecutive days, whichever is less. Units in the hotel shall not be used as a primary or permanent residence. 6.1.7 No Full Kitchens. No unit shall have a complete kitchen facility as that term is used in the definition of “dwelling unit” in the Code. 6.1.8 Inspection of Records. Developer shall make available for inspection to authorized representatives of the City its books and records pertaining to each Hotel Density Reserve unit upon reasonable notice to confirm compliance with these regulations as allowed by general law. 6.1.9 Compliance with Design Guidelines. The Developer agrees to comply with the Design Guidelines as set forth in Section VII. of Beach by Design. 6.1.10 Limitation on Amplified Music. Developer agrees that there shall be no outdoor amplified music at the Project after 11:00 p.m. on Sunday through Thursday, or after 12:00 midnight on Friday and Saturday. 6.1.11. Limitation on area of Non-Accessory Commercial Area and the types of permitted Uses. The Developer agrees that the 7,232 square feet of non-accessory commercial space specified in Section 4.5 of this Agreement may be occupied by any non- residential use pursuant to CDC Section 2-802 (as may be amended). 6.1.12 Limitation on Marina Facility. 6.1.12.1 The Developer agrees that activities such as servicing, fueling, pumping- out (with the exception of portable pump out facilities), commercial chartering and/or and dry-storage of boats and boating equipment is strictly prohibited. 6.1.12.2 The Developer agrees that the number of conveyable marina slips shall be limited to no more than a total of 20 as shared between Parcels/Hotels A and B. The City acknowledges that any additional marina slips for the sole use of the hotel and its guests may be added as permitted by local and state authorities without the need for additional parking. The Developer may increase the number of conveyable marina slips only if the Developer increases the number or parking spaces to meet compliance with the Community Development Code. 6.1.12.3 The Developer agrees that any conveyable marina slips shall be limited to sale and/or lease to privately-owned boats rather than commercial vessels for hire. 6.1.12.4 The Developer agrees that use and rental of any Personal Watercraft located on, tied to or launched from the associated Commercial Dock/Marina Facility as may be approved as part of a Flexible Development application limited to owners, guests, invitees of marina or hotel guests; 6.1.12.5 The Developer agrees that no commercial signage except for any signage as may otherwise be required by City, County, State and/or Federal regulations be posted on the Commercial Dock/Marina Facility; 6.1.13 Availability of Parking Spaces. The Developer agrees that none of the on-site parking spaces will be available for sale or lease to the general public and that all parking spaces on the site will be for the sole use of hotel staff and/or guests and/or patrons of the 20-slip commercial dock/marina facility. 6.1.14 The Developer agrees that a deed restriction outlining Sections 6.1.10 through 6.1.13 shall be submitted to and approved by Staff prior to the issuance of any permits. 6.2 Obligations of the City. 6.2.1 The City shall promptly process site and construction plan applications for the Property that are consistent with the Comprehensive Plan and the Concept Plan and that meet the requirements of the Code. 6.2.2 The final effectiveness of the applications referenced in Section 6.2.1 is subject to: 6.2.2.1 The provisions of Chapters 163 and 166, Florida Statutes, as they may govern such amendments; and 6.2.2.2 The expiration of any appeal periods or, if an appeal is filed, at the conclusion of such appeal. 6.2.3 Upon adoption of this Agreement, the Project shall receive three (3) units from the Hotel Density Reserve as defined in Beach by Design, contingent upon the provisions of Section 6.1.5. SECTION 7. Public Facilities to Service Development. The following public facilities are presently available to the Property from the sources indicated below. Development of the Property will be governed by the concurrency ordinance provisions applicable at the time of development approval. The requirements for concurrency as set forth in Article 4, Division 9, of the Code, have been satisfied. 7.1 Potable water is available from the City. The Developer shall be responsible for all necessary main extensions and applicable connection fees. 7.2 Sewer service is currently provided by the City. The Developer shall be responsible for all necessary main extensions and applicable connection fees. 7.3 Fire protection from the City. 7.4 Drainage facilities for the Property will be provided by the Developer at the Developer's sole expense. 7.5 The Project shall comply with the Metropolitan Planning Organization’s [MPO] or its successor’s countywide approach to the application of concurrency management for transportation facilities, and the transportation analysis conducted for the Project shall include the following: • Recognition of standard data sources as established by the MPO; • Identification of level of service (LOS) standards for state and county roads as established by the MPO; • Utilization of proportional fair-share requirements consistent with Florida Statutes and the MPO model ordinance; • Utilization of the MPO Traffic Impact Study Methodology; and • Recognition of the MPO designation of “Constrained Facilities” as set forth in the most current MPO Annual Level of Service Report. 7.6 All improvements associated with the public facilities identified in Subsections 7.1 through 7.5 shall be completed prior to the issuance of any certificate of occupancy. 7.7 Developer agrees to provide a cashier’s check, a payment and performance bond, or letter of credit in the amount of 115% of the estimated costs of the public facilities and services, to be deposited with the City to secure construction of any new public facilities and services required to be constructed by this Agreement. Such construction shall be completed prior to issuance of a Certificate of Occupancy for the Project. SECTION 8. Required Local Government Approvals. The required local government development approvals for development of the Property include, without limitation, the following: 8.1 Site plan approval(s) and associated utility licenses, access, and right-of-way utilization permits; 8.2 Construction plan approval(s); 8.3 Building permit(s); 8.4 Certificate(s) of occupancy; and SECTION 9. Finding of Consistency. The City finds that development of the Property is consistent with the terms this Agreement is consistent with the City Comprehensive Plan and the Code. SECTION 10. Termination. If the Developer's obligations set forth in this Agreement are not followed in a timely manner, as reasonably determined by the City Manager, after notice to the Developer and an opportunity to be heard, existing permits shall be administratively suspended and issuance of new permits suspended until the Developer has fulfilled its obligations. Failure to timely fulfill its obligations may serve as a basis for termination of this Agreement by the City, at the discretion of the City and after notice to the Developer and an opportunity for the Developer to be heard. SECTION 11. Other Terms and Conditions. Except in the case of termination, until ten (10) years after the date of this Agreement, the City may apply laws and policies adopted subsequently to the Effective Date of this Agreement if the City has held a public hearing and determined: (a)They are not in conflict with the laws and policies governing the Agreement and do not prevent development of the land uses, intensities, or densities in the Agreement; (b)They are essential to the public health, safety, or welfare, and expressly state that they shall apply to a development that is subject to a development agreement; (c)They are specifically anticipated and provided for in this Agreement; (d)The City demonstrates that substantial changes have occurred in pertinent conditions existing at the time of approval of this Agreement; or (e)This Agreement is based on substantially inaccurate information provided by the Developer SECTION 12. Compliance with Law. The failure of this Agreement to address any particular permit, condition, term or restriction shall not relieve the Developer from the necessity of complying with the law governing such permitting requirements, conditions, terms or restrictions. SECTION 13. Notices. Notices and communications required or desired to be given under this Agreement shall be given to the parties by hand delivery, by nationally recognized overnight courier service such as Federal Express, or by certified mail, return receipt requested, addressed as follows (copies as provided below shall be required for proper notice to be given): If to the Developer: Key Clearwater, LLC 848 Brickell Avenue Suite 1100 Miami, FL 33131 With Copy to: Katherine E. Cole, Esq. Hill Ward Henderson 600 Cleveland Street Suite 800 Clearwater, FL 33755 If to City: City of Clearwater Attn: City Manager 600 Cleveland Street Suite 600 Clearwater, FL 33755 Properly addressed, postage prepaid, notices or communications shall be deemed delivered and received on the day of hand delivery, the next business day after deposit with an overnight courier service for next day delivery, or on the third (3rd) day following deposit in the United States mail, certified mail, return receipt requested. The parties may change the addresses set forth above (including the addition of a mortgagee to receive copies of all notices), by notice in accordance with this Section. SECTION 14. Assignments. 14.1 By the Developer: 14.1.1 Prior to the Commencement Date, the Developer may sell, convey, assign or otherwise dispose of any or all of its right, title, interest and obligations in and to the Project, or any part thereof, only with the prior written notice to the City, provided that such party (hereinafter referred to as the "assignee"), to the extent of the sale, conveyance, assignment or other disposition by the Developer to the assignee, shall be bound by the terms of this Agreement the same as the Developer for such part of the Project as is subject to such sale, conveyance, assignment or other disposition. 14.1.2 If the assignee of the Developer's right, title, interest and obligations in and to the Project, or any part thereof assumes all of the Developer's obligations hereunder for the Project, or that part subject to such sale, conveyance, assignment or other disposition, then the Developer shall be released from all such obligations hereunder which have been so assumed by the assignee, and the City agrees to execute an instrument evidencing such release, which shall be in recordable form. 14.1.3 An assignment of the Project, or any part thereof, by the Developer to any corporation, limited partnership, limited liability company, general partnership, or joint venture, in which the Developer (or an entity under common control with Developer) has either the controlling interest or through a joint venture or other arrangement shares equal management rights and maintains such controlling interest or equal management rights shall not be deemed an assignment or transfer subject to any restriction on or approvals of assignments or transfers imposed by this Agreement, provided, however, that notice of such assignment shall be given by the Developer to the City not less than thirty (30) days prior to such assignment being effective and the assignee shall be bound by the terms of this Agreement to the same extent as would the Developer in the absence of such assignment. 14.1.4 No assignee, purchaser, sublessee or acquirer of all or any part of the Developer's rights and obligations with respect to any one Parcel shall in any way be obligated or responsible for any of the Developer's obligations with respect to any other Parcel by virtue of this Agreement unless and until such assignee, purchaser, sublessee or acquire has expressly assumed the Developer's such other obligations. 14.2 Successors and Assigns. The terms herein contained shall bind and inure to the benefit of the City, and its successors and assigns, and the Developer and, as applicable to the parties comprising Developer, their personal representatives, trustees, heirs, successors and assigns, except as may otherwise be specifically provided herein. SECTION 15. Minor Non-Compliance. The Developer will not be deemed to have failed to comply with the terms of this Agreement in the event such noncompliance, in the judgment of the City Manager, reasonably exercised, is of a minor or inconsequential nature. SECTION 16. Covenant of Cooperation. The parties shall cooperate with and deal with each other in good faith and assist each other in the performance of the provisions of this Agreement and in achieving the completion of development of the Property. SECTION 17. Approvals. Whenever an approval or consent is required under or contemplated by this Agreement such approval or consent shall not be unreasonably withheld, delayed or conditioned. All such approvals and consents shall be requested and granted in writing. SECTION 18. Completion of Agreement. Upon the completion of performance of this Agreement or its revocation or termination, a statement evidencing such completion, revocation or termination shall be signed by the parties hereto and recorded in the official records of the City. SECTION 19. Entire Agreement. This Agreement (including any and all Exhibits attached hereto all of which are a part of this Agreement to the same extent as if such Exhibits were set forth in full in the body of this Agreement), constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof. SECTION 20. Construction. The titles, captions and section numbers in this Agreement are inserted for convenient reference only and do not define or limit the scope or intent and should not be used in the interpretation of any section, subsection or provision of this Agreement. Whenever the context requires or permits, the singular shall include the plural, and plural shall include the singular and any reference in this Agreement to the Developer includes the Developer's successors or assigns. This Agreement was the production of negotiations between representatives for the City and the Developer and the language of the Agreement should be given its plain and ordinary meaning and should not be strictly construed against any party hereto based upon draftsmanship. If any term or provision of this Agreement is susceptible to more than one interpretation, one or more of which render it valid and enforceable, and one or more of which would render it invalid or unenforceable, such term or provision shall be construed in a manner that would render it valid and enforceable. SECTION 21. Partial Invalidity. If any term or provision of this Agreement or the application thereof to any person or circumstance is declared invalid or unenforceable, the remainder of this Agreement, including any valid portion of the invalid term or provision and the application of such invalid term or provision to circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and shall with the remainder of this Agreement continue unmodified and in full force and effect. Notwithstanding the foregoing, if such responsibilities of any party hereto, to the extent that the purpose of this Agreement or the benefits sought to be received hereunder are frustrated, such party shall have the right to terminate this Agreement upon fifteen (15) days written notice to the other parties. SECTION 22. Code Amendments. Subsequently adopted ordinances and codes of the City which are of general application not governing the development of land shall be applicable to the Property, and such modifications are specifically anticipated in this Agreement. SECTION 23. Governing Law. This Agreement shall be governed by, and construed in accordance with the laws of the State of Florida. SECTION 24. Counterparts. This Agreement may be executed in counterparts, all of which together shall continue one and the same instrument. SECTION 25. Amendment. This Agreement may be amended by mutual written consent of the City and the Developer so long as the amendment meets the requirements of the Act, applicable City ordinances, and Florida law. [Signatures begin on following page] IN WITNESS WHEREOF, the parties have hereto executed this Agreement the date and year first above written. In the Presence of: KEY CLEARWATER, LLC, a Florida limited liability company By: KEY INTERNATIONAL, INC, a Florida corporation, its sole member ______________________________ By:________________________________ Print Name_____________________ Print Name : ________________________ Its: ________________________________ ______________________________ Print Name_____________________ As to Developer STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me by means of [ ] physical presence or [ ] online notarization, this _____ day of ____________, 2020, by _____________________, as ____________ of Key International, Inc., a Florida corporation, as the sole member of Key Clearwater, LLC, a Florida limited liability company, on behalf of the company, who is [ ] personally known to me or has [ ] produced __________________________________________ as identification. __________________________________ Notary Public Print Name:_________________________ My Commission Expires: CITY OF CLEARWATER, FLORIDA By: William B. Horne II City Manager Attest: __________________________________ Rosemarie Call, City Clerk Countersigned: __________________________________ Frank Hibbard, Mayor Approved as to Form: __________________________________ Michael P. Fuino Assistant City Attorney STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me by means of [ ] physical presence or [ ] online notarization, this _____ day of ______________ 2020, by FRANK HIBBARD, as Mayor of the City of Clearwater, Florida, who is [ ] personally known to me or has [ ] produced _________________________________ as identification. __________________________________ Notary Public Print Name:_________________________ My Commission Expires: STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me by means of [ ] physical presence or [ ] online notarization, this ______ day of __________, 2020, by WILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is [ ] personally known to me or who has [ ] produced _____________________________ as identification. __________________________________ Notary Public Print Name:_________________________ My Commission Expires EXHIBIT “A” Legal Description (Hotel A) LEGAL DESCRIPTION 13845114v1 EXHIBIT “B” Lot Line Adjustment UPUPUPUPUPUPSTAIR #2P1-S2DELIVERYP1-17RETAIL/RESTAURANTP1-09STORAGEP1-11ENGINEERINGP1-10HOUSE KEEPING /LAUNDRYP1-05HOTEL LOBBYP1-01BREAKP1-06MEN'S LOCKER RMP1-07WOMEN'S LOCKER RMP1-08STAIR #1P1-S1LINEN COLLECTIONP1-02STAIR #5P1-S5HAMDEN RETAILP1-16CORRIDORP1-04MAIN ELECTRICALP1-13MAIN MECHANICALP1-14Sheet Title:Job NumberScaleDrawn:Checked:This Document is the property of Raintree Architectureand is to be used only in connection with theproject named herein. Reproduction, in whole or inpart, shall be allowed only with the express writtenor verbal permission. Drawing scales as shown arevalid on the original size document which is 30 by42 inches. c 2015 Raintree Architecture, Inc.Date:APCHNTECTERUANNRIILGNIOIRTRES#Description:4-30-15 FOR PERMIT ONLY5-29-15 INTERIORS COORDINATION PACKAGEDate:A-001FLOOR PLAN -P-1 PARKINGSPRINGHILL SUITES/RESIDENCE INN309 CORONADO DRIVECLEARWATER, FLRELEASED FORCONSTRUCTION 10-16-151/16" = 1'-0"A-0011FIRST FLOOR PLANLOT ALOT BPROPOSED(NO CHANGES ON THIS FLOOR)RESIDENCE INN 142 ROOMSSPRINGHILL SUITES 118 ROOMSLOT A NorthsideN tor shide Civil · Land Planning · Traffic Studies ·Landscape Due Diligence Reports ·Land Use ·Re-Zoning Stormwater Management ·Utility Design Construction Administration 300 South Belcher Road, Clearwater, Florida 33765 Tel: 727-443-2869 Fax: 727-446-8036 tech@northsideengineering.net Est. 1989 SPRINGHILL SUITES & 309 CORONADO DRIVE CLEARWATER, FLORIDA RESIDENCES INN HOTELEngineerings,Inc.Engineering,I nc .C1.1CIVIL SITE DATA FLOOD ZONE INFORMATION:15298SECTION , TOWNSHIP S, RANGE EPINELLAS COUNTY FLORDIASTREET MAPAERIAL MAPLEGAL DESCRIPTION (HOTELS A AND B):NORTHCITY OF CLEARWATERPROJECTSITEPROJECTLOCATIONLots 1, 2, 3 and 4, Block A, COLUMBIA SUB. NO. 2, according to the platthereof as recorded in Plat Book 21, Page 79, of the Public Records ofPinellas County, Florida.The parcel contains 48,190.53 square feet or 1.106 acres, more or less.TOGETHER WITHLots 1, 2, 3, 4, 1A, 2A, 3A, and 4A, COLUMBIA SUBDIVISION NO. 3,according to the plat thereof as recorded in Plat Book 27, Page 46, of thePublic Records of Pinellas County, Florida.The parcel described contains 83,918.00 square feet or 1.926 acres, moreor less.FLD 2009-08026FLD 2009-08027FLD 2009-09036DVA 2009-00002AGENCY RESPONSE STAMPSPREVIOUSPREVIOUSPREVIOUSPREVIOUSC1.1INDEX OF SHEETSC3.1CIVIL SITE DATASITE PLANFLD2009-08026BNEWSITE DATA HOTEL A (FLD 2009-08026B)08-29-15-17604-000-0010SITE DATA HOTELS A & BSITE DATA HOTEL B (FLD 2009-08027B)HOTEL AEXISTING (ISR) FOR THE PROPOSED LOT/HOTEL A WITHOUT THEPROPOSED OUTDOOR SEATINGLOT AREA = 40,581 + 2088 = 42,669 SQ.FT.EX. IMPERVIOUS SURFACE RATIO (ISR) = 32,327.75 / 42,669 = 0.757PROPOSED (ISR) FOR THE PROPOSED LOT/HOTEL A WITH THEPROPOSED OUTDOOR SEATING IMPERVIOUS SURFACE = 32,327.75 + 2036 = 34,363.75 SQ.FT.IMPERVIOUS SURFACE RATIO (ISR) = 34,363.75 / 42,669 = 0.805HOTEL BEXISTING / PROPOSED (NO CHANGE)LOT AREA = 38,800 + 2,449 = 41,294 SQ.FT.IMPERVIOUS SURFACE RATIO (ISR) = 28,994.11 / 41,294 = 0.702L1.1LANDSCAPE PLANHDA 2020-04002 HOTEL A Z:\2019 AutoCAD Projects\1907 - Key Internation, LLC. Retail @ Hotel (Old 1418 Springhill)\Current Site Plan\Site Plan (Show ISR Area) 09.4.2020 + LANDSCAPE_recover.dwg, 9/9/2020 5:23:13 PM,AutoCAD PDF (High Quality Print).pc3 rdrdrdrdrdrdGASS HAMDEN DRIVECORONADO DRIVETHIRD STREETCLEARWATER HARBORRESIDENCE INN(HOTEL B 142ROOMS) TOTALAREAB1+B2=0.9469 AC.PARCEL B1PARCEL B2PARCEL A2UPUPSTAIR #1P1-S1WOMEN'S LOCKER RMP1-08CORRIDORP1-04MEN'S LOCKER RMP1-07BREAKP1-06HOTEL LOBBYP1-01HOUSE KEEPING /LAUNDRYP1-05LINEN COLLECTIONP1-02UPUPRETAIL/RESTAURANTP1-09ENGINEERINGP1-10STORAGEP1-11DELIVERYP1-17UPUPMAIN ELECTRICALP1-13MAIN MECHANICALP1-14HAMDEN RETAILP1-1615'5'PARCEL A1SPRINGHILL SUITES(HOTEL A 118ROOMS)TOTAL AREAA1&A2= 0.9795 AC.1234567891011121314151617181920PWCPWCPWCPWCPWCPWCPARCEL B138,800 SQ. FT.PARCEL A140,581 SQ. FT.NorthsideN tor shide Civil · Land Planning · Traffic Studies ·Landscape Due Diligence Reports ·Land Use ·Re-Zoning Stormwater Management ·Utility Design Construction Administration 300 South Belcher Road, Clearwater, Florida 33765 Tel: 727-443-2869 Fax: 727-446-8036 tech@northsideengineering.net Est. 1989 SPRINGHILL SUITES & 309 CORONADO DRIVE CLEARWATER, FLORIDA RESIDENCES INN HOTELEngineerings,Inc.Engineering,I nc .C3.1PROPOSED SITE PLAN NEW WOODDECK FOR OUTDOOR SEATINGLEGEND200102040SCALE: 1"=20'NORTHPARCEL B1 & B2 ( RESIDENCE INN )PARCEL A1 & A2 ( SPRINGHILL SUITES )LEGENDHDA 2020-04002 HOTEL A Z:\2019 AutoCAD Projects\1907 - Key Internation, LLC. Retail @ Hotel (Old 1418 Springhill)\Current Site Plan\Site Plan (Show ISR Area) 09.4.2020 + LANDSCAPE_recover.dwg, 9/9/2020 5:24:02 PM,AutoCAD PDF (High Quality Print).pc3 UP UPSTAIR #1P1-S1BREAKMEN'S LOCKER RMP1-07WOMEN'S LOCKER RMP1-08P1-06CORRIDORP1-04HOTEL LOBBYP1-01HOUSE KEEPING /LAUNDRYP1-05LINEN COLLECTIONP1-02UPUPNorthsideN tor shide Civil · Land Planning · Traffic Studies ·Landscape Due Diligence Reports ·Land Use ·Re-Zoning Stormwater Management ·Utility Design Construction Administration 300 South Belcher Road, Clearwater, Florida 33765 Tel: 727-443-2869 Fax: 727-446-8036 tech@northsideengineering.net Est. 1989 SPRINGHILL SUITES & 309 CORONADO DRIVE CLEARWATER, FLORIDA RESIDENCES INN HOTELEngineerings,Inc.Engineering,I nc .L1.1HDA 2020-04002 HOTEL A LANDSCAPE PLAN Z:\2019 AutoCAD Projects\1907 - Key Internation, LLC. Retail @ Hotel (Old 1418 Springhill)\Current Site Plan\Site Plan (Show ISR Area) 09.4.2020 + LANDSCAPE_recover.dwg, 9/9/2020 5:25:06 PM,AutoCAD PDF (High Quality Print).pc3 P1 PARKING5' - 6"P2 PARKING20' - 0"ROOF84' - 0"P3 PARKING29' - 0"LEVEL 1 HOTEL40' - 0"LEVEL 2 HOTEL54' - 0"LEVEL 3 HOTEL64' - 0"LEVEL 4 HOTEL74' - 0"SLSKSJSGSFSCSASPSBSDSMSQSD.33' - 0"10' - 0"10' - 0"10' - 0"14' - 0"11' - 0"9' - 0"14' - 0"6"SH1A-3031A-3031A-3021A-3021A-3041A-3043A-3013A-301T.O. LOW PARAPET87' - 0"STREET LEVEL6' - 0"SNE2E2E3GSST1E3ST3E3E3E3E2E3E3E2ST3ST3E2ALSEULUUUULUUULLAAABBKBBKKUUUUKLLUUUUKKUUUUUUUUUUUUUUUUUUUUUUUUBKLAABBKLKLABKKBK12A-501EXPANSION JOINT -SEE SHT - A-501EXPANSION JOINT -SEE SHT - A-501E5A-2056A-2057BASE FLOOD ELEVATION (BDE)11'-0" AMSL78' - 0"DESIGN FLOOD ELEVATION (DFE)12'-0" AMSLA-201.A3L E G E N DST1ST2ST3ST4E1E2E3E4E5S1CTALMPWDGSFCCMCSG STUCCO(WHITE) STUCCO(BLUE) STUCCO(BEIGE) STUCCO(TAN) EIFS(BLUE) EIFS(WHITE) EIFS(TAN) EIFS(GRAY) EIFS(BEIGE) STONE VENEER CONCRETE TILE ALUMINUM METAL PANEL WOOD GREEN SCREEN FABRIC CANOPY CONCRETE MASONRY CONCRETESIGN GRAPHICS(INTERNALLY LIT WALL SIGN -FURNISHED AND INSTALLED BYOTHERS)MARKMATERIALLUKNOTE:CENTER OPENINGS INPARKING DECK WITH THECENTER OF SLIDING DOORS INHOTEL TOWER - TYP.NOTE:CENTER OPENINGS INPARKING DECK WITH THECENTER OF WINDOWS INHOTEL TOWER - TYP.Sheet Title:Job NumberScaleDrawn:Checked:This Document is the property of Raintree Architectureand is to be used only in connection with theproject named herein. Reproduction, in whole or inpart, shall be allowed only with the express writtenor verbal permission. Drawing scales as shown arevalid on the original size document which is 30 by42 inches. c 2015 Raintree Architecture, Inc.Date:APCHNTECTERUANNRIILGNIOIRTRES#Description:4-30-15¬ FOR PERMIT ONLY5-29-15¬ INTERIORS COORDINATION PACKAGEDate:As indicated11/13/2015 10:47:02 AMA-201.AEAST ELEVATION- PART AJHEO14029SPRINGHILL SUITES/RESIDENCE INN309 CORONADO DRIVECLEARWATER, FL10-16-15RELEASED FORCONSTRUCTION 10-16-15 1/8" = 1'-0"A-201.A1EAST ELEVATION - PART A 3/64" = 1'-0"A-201.A2EAST ELEVATION KEY ABA 1/4" = 1'-0"A-201.A3LOCATION OF OPENING/WINDOW/SLIDING DOOR1 6-10-15 Revision 12 8-01-15 PERMIT REVISIONS3 10-26-15 RELEASED FORCONSTRUCTION4 11-11-15 ADDENDUM # 144 P1 PARKING5' - 6"P2 PARKING20' - 0"ROOF84' - 0"P3 PARKING29' - 0"LEVEL 1 HOTEL40' - 0"LEVEL 2 HOTEL54' - 0"LEVEL 3 HOTEL64' - 0"LEVEL 4 HOTEL74' - 0"NHNJNKNMNCNNNLNGNBNRNDNQNFNANE1A-3071A-3071A-3091A-3091A-3051A-305T.O. HIGH PARAPET95' - 6"T.O. LOW PARAPET87' - 0"3' - 2"5' - 4"3' - 0"10' - 0"10' - 0"10' - 0"14' - 0"11' - 0"9' - 0"14' - 0"6"T.O. MID PARAPET92' - 4"STREET LEVEL6' - 0"E2E2ST3G5E2E5CTGSCTMPE5E2ND.5NG.8NH.82A-2032A-2031A-3081A-308E2ST1S1S1KBKBLAKLLUUUUUUUUKKKKKKXXTTKKUUUU11A-5025A-324LB4LB4LB4 LB4LB4LB4LB4LB4KKA-2062A-2063BASE FLOODELEVATION (BFE)11'-0" AMSLBASE FLOODELEVATION (BFE)11'-0" AMSL78' - 0"DESIGN FLOODELEVATION (DFE)12'-0" AMSLDESIGN FLOODELEVATION (DFE)12'-0" AMSLRAILINGSTRUCTURAL GLASS WITHCONTINUOUS CAP (CAPPAINTED WOOD GRAIN)A-5061L E G E N DST1ST2ST3ST4E1E2E3E4E5S1CTALMPWDGSFCCMCSG STUCCO(WHITE) STUCCO(BLUE) STUCCO(BEIGE) STUCCO(TAN) EIFS(BLUE) EIFS(WHITE) EIFS(TAN) EIFS(GRAY) EIFS(BEIGE) STONE VENEER CONCRETE TILE ALUMINUM METAL PANEL WOOD GREEN SCREEN FABRIC CANOPY (NIC) CONCRETE MASONRY CONCRETESIGN GRAPHICS(INTERNALLY LIT WALL SIGN -FURNISHED AND INSTALLED BYOTHERS)MARKMATERIALSheet Title:Job NumberScaleDrawn:Checked:This Document is the property of Raintree Architectureand is to be used only in connection with theproject named herein. Reproduction, in whole or inpart, shall be allowed only with the express writtenor verbal permission. Drawing scales as shown arevalid on the original size document which is 30 by42 inches. c 2015 Raintree Architecture, Inc.Date:APCHNTECTERUANNRIILGNIOIRTRES#Description:4-30-15¬ FOR PERMIT ONLY5-29-15¬ INTERIORS COORDINATION PACKAGEDate:As indicated11/22/2016 5:20:01 PMA-201.BEAST ELEVATION- PART BJHEO14029SPRINGHILL SUITES/RESIDENCE INN309 CORONADO DRIVECLEARWATER, FL10-16-15RELEASED FORCONSTRUCTION 10-16-15 1/8" = 1'-0"A-201.B1EAST ELEVATION - PART B 3/64" = 1'-0"A-201.B2EAST ELEVATION KEY BBANOTE:SIGNAGE WILL BERESUBMITTED INTO ASEPARATE PACKAGE16-10-15Revision 12 8-01-15 PERMIT REVISIONS3 11-11-15 ADDENDUM # 142-24-16ADDENDUM # 45 4-26-16 ADD. # 1R PERMIT REVISIONS6 7-01-16 ADDENDUM #4R1 CITY COMMENTS7 10-25-16 ADDENDUM #88 11-22-16 ADDENDUM #10 DIGITALVIDEOIN P1 PARKING5' - 6"P2 PARKING20' - 0"ROOF84' - 0"P3 PARKING29' - 0"LEVEL 1 HOTEL40' - 0"LEVEL 2 HOTEL54' - 0"LEVEL 3 HOTEL64' - 0"LEVEL 4 HOTEL74' - 0"SLSKSJSGSFSCSASPSBSMSH1A-3031A-3031A-3021A-3021A-3041A-3043A-3013A-3018' - 6"3' - 0"10' - 0"10' - 0"10' - 0"14' - 0"11' - 0"9' - 0"14' - 0"6"T.O. HIGH PARAPET95' - 6"T.O. LOW PARAPET87' - 0"STREET LEVEL6' - 0"E3E3E2E2E3SESA.3BASE FLOOD ELEVATION (BFD)11'-0" AMSL78' - 0"E3E3E2E2E2DESIGN FLOOD ELEVATION (BFD)12'-0" AMSLL E G E N DST1ST2ST3ST4E1E2E3E4E5S1CTALMPWDGSFCCMCSG STUCCO(WHITE) STUCCO(BLUE) STUCCO(BEIGE) STUCCO(TAN) EIFS(BLUE) EIFS(WHITE) EIFS(TAN) EIFS(GRAY) EIFS(BEIGE) STONE VENEER CONCRETE TILE ALUMINUM METAL PANEL WOOD GREEN SCREEN FABRIC CANOPY CONCRETE MASONRY CONCRETESIGN GRAPHICS(INTERNALLY LIT WALL SIGN -FURNISHED AND INSTALLED BYOTHERS)MARKMATERIALSheet Title:Job NumberScaleDrawn:Checked:This Document is the property of Raintree Architectureand is to be used only in connection with theproject named herein. Reproduction, in whole or inpart, shall be allowed only with the express writtenor verbal permission. Drawing scales as shown arevalid on the original size document which is 30 by42 inches. c 2015 Raintree Architecture, Inc.Date:APCHNTECTERUANNRIILGNIOIRTRES#Description:4-30-15¬ FOR PERMIT ONLY5-29-15¬ INTERIORS COORDINATION PACKAGEDate:As indicated11/13/2015 11:34:37 AMA-202.AWESTELEVATION -PART AJHEO14029SPRINGHILL SUITES/RESIDENCE INN309 CORONADO DRIVECLEARWATER, FL10-16-15RELEASED FORCONSTRUCTION 10-16-15 1/8" = 1'-0"A-202.A1WEST ELEVATION - PART A 3/64" = 1'-0"A-202.A2WEST ELEVATION KEY AAB1 6-10-15 Revision 12 8-01-15 PERMIT REVISIONS3 11-11-15 ADDENDUM # 13 P1 PARKING5' - 6"P2 PARKING20' - 0"ROOF84' - 0"P3 PARKING29' - 0"LEVEL 1 HOTEL40' - 0"LEVEL 2 HOTEL54' - 0"LEVEL 3 HOTEL64' - 0"LEVEL 4 HOTEL74' - 0"NHNJNKNMNCNLNGNBNRNDNQNFNANE1A-3061A-3061A-3071A-3071A-3091A-3091A-3051A-305T.O. HIGH PARAPET95' - 6"T.O. LOW PARAPET87' - 0"6"14' - 0"9' - 0"11' - 0"14' - 0"10' - 0"10' - 0"10' - 0"3' - 0"8' - 6"STREET LEVEL6' - 0"STREET LEVEL6' - 0"S1ST2E5E2CTE2MPCTCTCTS1E5E2ST1G1E2ND.5NG.8NH.81A-3081A-308S1LB4LB4LB4LB4 LB4 LB4LB4 LB4LB4 LB4A-2053A-5064ALA-2054A-2052A-2051A-2055A-2061DESIGN FLOODELEVATION (DFE)12'-0" AMSLDESIGN FLOOD ELEVATION (DFE)12'-0" AMSL78' - 0"BASE FLOOD ELEVATION (BFE)11'-0" AMSLBASE FLOODELEVATION (BFE)11'-0" AMSLEQEQ14A-650serveryL E G E N DST1ST2ST3ST4E1E2E3E4E5S1CTALMPWDGSFCCMCSG STUCCO(WHITE) STUCCO(BLUE) STUCCO(BEIGE) STUCCO(TAN) EIFS(BLUE) EIFS(WHITE) EIFS(TAN) EIFS(GRAY) EIFS(BEIGE) STONE VENEER CONCRETE TILE ALUMINUM METAL PANEL WOOD GREEN SCREEN FABRIC CANOPY (NIC) CONCRETE MASONRY CONCRETESIGN GRAPHICS(INTERNALLY LIT WALL SIGN -FURNISHED AND INSTALLED BYOTHERS)MARKMATERIALSheet Title:Job NumberScaleDrawn:Checked:This Document is the property of Raintree Architectureand is to be used only in connection with theproject named herein. Reproduction, in whole or inpart, shall be allowed only with the express writtenor verbal permission. Drawing scales as shown arevalid on the original size document which is 30 by42 inches. c 2015 Raintree Architecture, Inc.Date:APCHNTECTERUANNRIILGNIOIRTRES#Description:4-30-15¬ FOR PERMIT ONLY5-29-15¬ INTERIORS COORDINATION PACKAGEDate:As indicated11/22/2016 5:20:42 PMA-202.BWESTELEVATION -PART BJHEO14029SPRINGHILL SUITES/RESIDENCE INN309 CORONADO DRIVECLEARWATER, FL10-16-15RELEASED FORCONSTRUCTION 10-16-15 1/8" = 1'-0"A-202.B1WEST B 3/64" = 1'-0"A-202.B2WEST ELEVATION KEY BABNOTE:SIGNAGE WILL BERESUBMITTED INTO ASEPARATE PACKAGE16-10-15Revision 12 8-01-15 PERMIT REVISIONS3 11-11-15 ADDENDUM # 14 4-26-16 ADD. # 1R PERMIT REVISIONS5 11-22-16 ADDENDUM #10 P1 PARKING5' - 6"P2 PARKING20' - 0"ROOF84' - 0"P3 PARKING29' - 0"LEVEL 1 HOTEL40' - 0"LEVEL 2 HOTEL54' - 0"LEVEL 3 HOTEL64' - 0"LEVEL 4 HOTEL74' - 0"N1.4N2.9N5N7N8.7N1.9N2N63' - 2"5' - 4"3' - 0"10' - 0"10' - 0"10' - 0"14' - 0"11' - 0"9' - 0"8' - 11"5' - 1"6"1' - 6"N7.81A-3121A-3121A-3131A-3131A-3111A-311N9T.O. HIGH PARAPET95' - 6"T.O. LOW PARAPET87' - 0"T.O. MID PARAPET92' - 4"STREET LEVEL6' - 0"UTILITY LEVEL11' - 1"DELIVERY4' - 0"E5S1E2G5CTMPCT3' - 7"16' - 6"25' - 3"30' - 0"30' - 0"11' - 8"18' - 10"25' - 0"1' - 6"11' - 6"CTST1ST2ST2E2E2?CTG5CJ - A : 1 1/2"HORIZONTALTYPICALCJ - B: 1/8"VERTICALTYPICALN4.32A-203KKKKKKKKLLWWWWKKG.3DF.1S1S1G.3G.3A-2033A-50465A-5055A-328LB4LB4LB4LB4LB4LB4LB4A-2071A-2072BASE FLOOD ELEVATION(BFE)11'-0" AMSL78' - 0"DESIGN FLOOD ELEVATION (DFE)12'-0" AMSLDESIGN FLOOD ELEVATION(DFE)12'-0" AMSLBASE FLOODELEVATION (BFE)11'-0" AMSL15A-637LB44A-50516A-6375A-203L E G E N DST1ST2ST3ST4E1E2E3E4E5S1CTALMPWDGSFCCMCSG STUCCO(WHITE) STUCCO(BLUE) STUCCO(BEIGE) STUCCO(TAN) EIFS(BLUE) EIFS(WHITE) EIFS(TAN) EIFS(GRAY) EIFS(BEIGE) STONE VENEER CONCRETE TILE ALUMINUM METAL PANEL WOOD GREEN SCREEN FABRIC CANOPY (NIC) CONCRETE MASONRY CONCRETESIGN GRAPHICS(INTERNALLY LIT WALL SIGN -FURNISHED AND INSTALLED BYOTHERS)MARKMATERIALREVEALWHITEEIFS1 1/2"LINE OFEXTERIORSHEATHINGBEHIND5/8"T. O. REVEAL4A-203STUCCO 'V' REVEALWIRED TO CMU5/8"1/8"STUCCO(SEE ELEVS.FOR COLOR)FACE OF CMULEVEL 1 HOTEL40' - 0"CONTROLJOINTEIFSEXT. SHEATHING8" CMUSTUCCOCONT. AIR &WATER BARRIERSheet Title:Job NumberScaleDrawn:Checked:This Document is the property of Raintree Architectureand is to be used only in connection with theproject named herein. Reproduction, in whole or inpart, shall be allowed only with the express writtenor verbal permission. Drawing scales as shown arevalid on the original size document which is 30 by42 inches. c 2015 Raintree Architecture, Inc.Date:APCHNTECTERUANNRIILGNIOIRTRES#Description:4-30-15¬ FOR PERMIT ONLY5-29-15¬ INTERIORS COORDINATION PACKAGEDate:As indicated11/22/2016 5:21:08 PMA-203NORTHELEVATIONJHEO14029SPRINGHILL SUITES/RESIDENCE INN309 CORONADO DRIVECLEARWATER, FL10-16-15RELEASED FORCONSTRUCTION 10-16-15 1/8" = 1'-0"A-2031NORTH ELEVATION 6" = 1'-0"A-2032SECTION @ LARGE EIFS REVEAL 6" = 1'-0"A-2033ELEVATION DETAIL 'V' REVEAL 6" = 1'-0"A-2034SECTION @ STUCCO 'V' REVEAL 3" = 1'-0"A-2035SECTION @ MATERIAL CHANGENOTE:SIGNAGE WILL BERESUBMITTED INTO ASEPARATE PACKAGE16-10-15Revision 12 8-01-15 PERMIT REVISIONS3 11-11-15 ADDENDUM # 14 4-26-16 ADD. # 1R PERMIT REVISIONS5 11-22-16 ADDENDUM #10 P1 PARKING5' - 6"P2 PARKING20' - 0"ROOF84' - 0"P3 PARKING29' - 0"LEVEL 1 HOTEL40' - 0"LEVEL 2 HOTEL54' - 0"LEVEL 3 HOTEL64' - 0"LEVEL 4 HOTEL74' - 0"N2.8N5.5N5.8N4.2N0.9N2.23' - 0"10' - 0"10' - 0"10' - 0"14' - 0"11' - 0"9' - 0"14' - 0"6"1A-3121A-3121A-3131A-313T.O. HIGH PARAPET95' - 6"T.O. LOW PARAPET87' - 0"T.O. LOW PARAPET87' - 0"STREET LEVEL6' - 0"E2ST220' - 3"21' - 0"20' - 6"20' - 6"20' - 6"8' - 6"E1CTE3E3E2E3E2N4.3ARCHITECTURAL LOUVERS - COLORTO MATCH EIFS/STUCCO COLOR3' - 4"4' - 0"1' - 4"4' - 0"8' - 8"3' - 4"6' - 8"10' - 8"6' - 8"11' - 1"8' - 0"4' - 0"1' - 4"1' - 4"5A-328BASE FLOOD ELEVATION (BFL)11'-0" AMSL78' - 0"DESIGN FLOOD ELEVATION (DFL)12'-0" AMSLA-5101515A-637S16' - 0"ST3E5E3ST3E2ST15A-203P1 PARKING5' - 6"P2 PARKING20' - 0"ROOF84' - 0"P3 PARKING29' - 0"LEVEL 1 HOTEL40' - 0"LEVEL 2 HOTEL54' - 0"LEVEL 3 HOTEL64' - 0"LEVEL 4 HOTEL74' - 0"S2S6S2.2S4.41A-3141A-3141A-3101A-310T.O. HIGH PARAPET95' - 6"T.O. LOW PARAPET87' - 0"STREET LEVEL6' - 0"8' - 6"3' - 0"10' - 0"10' - 0"10' - 0"14' - 0"11' - 0"9' - 0"14' - 0"6"E2ST3E2ST3G1S2.6S4.7S1.5E1ST1S6.54A-32978' - 0"L1K1E1E2ST3ST3ST1ST1E2K1L1BBAL E G E N DST1ST2ST3ST4E1E2E3E4E5S1CTALMPWDGSFCCMCSG STUCCO(WHITE) STUCCO(BLUE) STUCCO(BEIGE) STUCCO(TAN) EIFS(BLUE) EIFS(WHITE) EIFS(TAN) EIFS(GRAY) EIFS(BEIGE) STONE VENEER CONCRETE TILE ALUMINUM METAL PANEL WOOD GREEN SCREEN FABRIC CANOPY CONCRETE MASONRY CONCRETESIGN GRAPHICS(INTERNALLY LIT WALL SIGN -FURNISHED AND INSTALLED BYOTHERS)MARKMATERIALSheet Title:Job NumberScaleDrawn:Checked:This Document is the property of Raintree Architectureand is to be used only in connection with theproject named herein. Reproduction, in whole or inpart, shall be allowed only with the express writtenor verbal permission. Drawing scales as shown arevalid on the original size document which is 30 by42 inches. c 2015 Raintree Architecture, Inc.Date:APCHNTECTERUANNRIILGNIOIRTRES#Description:4-30-15¬ FOR PERMIT ONLY5-29-15¬ INTERIORS COORDINATION PACKAGEDate:As indicated2/24/2016 5:19:51 PMA-204SOUTHELEVATIONSJHEO14029SPRINGHILL SUITES/RESIDENCE INN309 CORONADO DRIVECLEARWATER, FL10-16-15RELEASED FORCONSTRUCTION 10-16-15 1/8" = 1'-0"A-2041SOUTH ELEVATION - PART B 1/8" = 1'-0"A-2042SOUTH ELEVATION - PART A222341 6-10-15 Revision 12 8-01-15 PERMIT REVISIONS3 10-09-15 PERMIT REVISIONS4 11-11-15 ADDENDUM # 15 2-24-16 ADDENDUM # 45 Sheet Title:Job NumberScaleDrawn:Checked:This Document is the property of Raintree Architectureand is to be used only in connection with theproject named herein. Reproduction, in whole or inpart, shall be allowed only with the express writtenor verbal permission. Drawing scales as shown arevalid on the original size document which is 30 by42 inches. c 2015 Raintree Architecture, Inc.Date:APCHNTECTERUANNRIILGNIOIRTRES#Description:4-30-15¬ FOR PERMIT ONLY5-29-15¬ INTERIORS COORDINATION PACKAGEDate:10/16/2015 6:09:58 PMA-214BUILDING AXONSJHEO14029SPRINGHILL SUITES/RESIDENCE INN309 CORONADO DRIVECLEARWATER, FL10-16-15RELEASED FOR CONSTRUCTION10-16-15A-2141SOUTHEAST AXONA-2142NORTHWEST AXON Sheet Title:Job NumberScaleDrawn:Checked:This Document is the property of Raintree Architectureand is to be used only in connection with theproject named herein. Reproduction, in whole or inpart, shall be allowed only with the express writtenor verbal permission. Drawing scales as shown arevalid on the original size document which is 30 by42 inches. c 2015 Raintree Architecture, Inc.Date:APCHNTECTERUANNRIILGNIOIRTRES#Description:4-30-15¬ FOR PERMIT ONLY5-29-15¬ INTERIORS COORDINATION PACKAGEDate:10/16/2015 6:11:41 PMA-215BUILDING AXONSJHEO14029SPRINGHILL SUITES/RESIDENCE INN309 CORONADO DRIVECLEARWATER, FL10-16-15RELEASED FOR CONSTRUCTION10-16-15A-2151SOUTHWEST AXONA-2153NORTHEAST AXON UPUPUPUPUPUPSTAIR #2P1-S2DELIVERYP1-17RETAIL/RESTAURANTP1-09STORAGEP1-11ENGINEERINGP1-10HOUSE KEEPING /LAUNDRYP1-05HOTEL LOBBYP1-01BREAKP1-06MEN'S LOCKER RMP1-07WOMEN'S LOCKER RMP1-08STAIR #1P1-S1LINEN COLLECTIONP1-02STAIR #5P1-S5HAMDEN RETAILP1-16CORRIDORP1-04MAIN ELECTRICALP1-13MAIN MECHANICALP1-14Sheet Title:Job NumberScaleDrawn:Checked:This Document is the property of Raintree Architectureand is to be used only in connection with theproject named herein. Reproduction, in whole or inpart, shall be allowed only with the express writtenor verbal permission. Drawing scales as shown arevalid on the original size document which is 30 by42 inches. c 2015 Raintree Architecture, Inc.Date:APCHNTECTERUANNRIILGNIOIRTRES#Description:4-30-15 FOR PERMIT ONLY5-29-15 INTERIORS COORDINATION PACKAGEDate:A-001FLOOR PLAN -P-1 PARKINGSPRINGHILL SUITES/RESIDENCE INN309 CORONADO DRIVECLEARWATER, FLRELEASED FORCONSTRUCTION 10-16-151/16" = 1'-0"A-0011FIRST FLOOR PLANLOT ALOT BPROPOSED(NO CHANGES ON THIS FLOOR)RESIDENCE INN 142 ROOMSSPRINGHILL SUITES 118 ROOMSLOT A UPUPUPUPUPUPUPUPUPSTAIR #2P2-S2Sheet Title:Job NumberScaleDrawn:Checked:This Document is the property of Raintree Architectureand is to be used only in connection with theproject named herein. Reproduction, in whole or inpart, shall be allowed only with the express writtenor verbal permission. Drawing scales as shown arevalid on the original size document which is 30 by42 inches. c 2015 Raintree Architecture, Inc.Date:APCHNTECTERUANNRIILGNIOIRTRES#Description:4-30-15 FOR PERMIT ONLY5-29-15 INTERIORS COORDINATION PACKAGEDate:A-002FLOOR PLAN -P-2 PARKINGSPRINGHILL SUITES/RESIDENCE INN309 CORONADO DRIVECLEARWATER, FLRELEASED FORCONSTRUCTION 10-16-151/16" = 1'-0"A-0021SECOND FLOOR PLANLOT BLOT APROPOSED(NO CHANGES ON THIS FLOOR)RESIDENCE INN 142 ROOMSSPRINGHILL SUITES 118 ROOMSLOT A UPUPUPUPUPUPUPDNUPUPUPSheet Title:Job NumberScaleDrawn:Checked:This Document is the property of Raintree Architectureand is to be used only in connection with theproject named herein. Reproduction, in whole or inpart, shall be allowed only with the express writtenor verbal permission. Drawing scales as shown arevalid on the original size document which is 30 by42 inches. c 2015 Raintree Architecture, Inc.Date:APCHNTECTERUANNRIILGNIOIRTRES#Description:4-30-15 FOR PERMIT ONLY5-29-15 INTERIORS COORDINATION PACKAGEDate:A-003FLOOR PLAN -P-3 PARKINGSPRINGHILL SUITES/RESIDENCE INN309 CORONADO DRIVECLEARWATER, FLRELEASED FORCONSTRUCTION 10-16-151/16" = 1'-0"A-00311/16" FLOOR PLAN - P-3 PARKINGLOT ALOT BPROPOSED(NO CHANGES ON THIS FLOOR)RESIDENCE INN 142 ROOMSSPRINGHILL SUITES 118 ROOMSLOT A SHS KINGOFFICEOFFICEOFFICEWOMENMENFITNESS SHS QUEEN/QUEEN SHS QUEEN/QUEEN-0"-29''-14' 6"4'14 611114-614'-6"4'-414 6614-6RESIDENCE INN 140 ROOMSSPRINGHILL SUITES 118 ROOMSLOT BLOT ABALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYPROPOSEDRESIDENCE INN 142 ROOMSLOT A KING STUDIO204KING STUDIO -COMMUNICATIONACCESSIBLE202KING STUDIO206KING/KING 2-BDR208KING 1-BDR210KING STUDIO212DBL QUEEN STUDIO211KING STUDIO214DBL QUEEN STUDIO213KING 1-BDR216KING 1-BDR218KING STUDIO220KING STUDIO222KING 1-BDR224DBL QUEEN 1 BDR215DBL QUEEN 1 BDR -COMMUNICATIONACCESSIBLE217DBL QUEEN STUDIO219DBL QUEEN STUDIO221DBL QUEEN 1 BDR223DBL QUEEN 1 BDR225KING STUDIO228KING STUDIO230KING 1-BDR232KING STUDIO236KING STUDIO238KING STUDIO240KING STUDIO242KING STUDIO237KING STUDIO239KING STUDIO241KING STUDIO243KING STUDIO245KING STUDIO247DOUBLE QUEEN - MOB. &COMM. ACCESSIBLEW/ROLL-IN SHWR251KING253DOUBLE QUEEN255DOUBLE QUEEN257KING256KING254KING258DOUBLE QUEEN259KING260DOUBLE QUEEN261KING262DOUBLE QUEEN263DOUBLE QUEEN265DOUBLE QUEEN -COMMUNICATIONACCESSIBLE267KING - MOBILITYACCESSIBLE W/NONROLL-IN SHWR269DBL QUEEN271DOUBLE QUEEN -COMMUNICATIONACCESSIBLE273KING274DOUBLE QUEEN275KING278DOUBLE QUEEN277KING276DOUBLE QUEEN279KING280DOUBLE QUEEN281KING282DOUBLE QUEEN283KING284DOUBLE QUEEN285DBL QUEEN287KING289KING291KING293STAIR #32S3DBL QUEEN STUDIO -COMMUNICATIONACCESSIBLE209H.K. / STO.227.1SERVICE VESTIBULE298AICE252CORRIDORH.K. / STO.264ELECTRICAL268TELECOM270STAIR #12S1CORRIDORSTAIR #22S2ELEVATOR LOBBY295PASSENGER ELEVATORP1PASSENGER ELEVATORP2SERVICE ELEVATORS1ELECTRICAL227.2KING 1 BDR226IT227.3H.K. / STO.250PASSENGER ELEVATORP3ELEV. LOBBY207IT203SHUTTLE ELEVATORP4ELEC.205Sheet Title:Job NumberScaleDrawn:Checked:This Document is the property of Raintree Architectureand is to be used only in connection with theproject named herein. Reproduction, in whole or inpart, shall be allowed only with the express writtenor verbal permission. Drawing scales as shown arevalid on the original size document which is 30 by42 inches. c 2015 Raintree Architecture, Inc.Date:APCHNTECTERUANNRIILGNIOIRTRES#Description:4-30-15 FOR PERMIT ONLY5-29-15 INTERIORS COORDINATION PACKAGEDate:A-005FLOOR PLAN -LEVEL 2 (TYP.LEVEL)SPRINGHILL SUITES/RESIDENCE INN309 CORONADO DRIVECLEARWATER, FLRELEASED FORCONSTRUCTION 10-16-151/16" = 1'-0"A-00511/16" FLOOR PLAN - LEVEL 2 (TYP. LEVEL)LOT BLOT ASPRINGHILL SUITES 115 ROOMSRESIDENCE INN 140 ROOMSBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYPROPOSED(NO CHANGES ON THIS FLOOR)RESIDENCE INN 142 ROOMSSPRINGHILL SUITES 118 ROOMSLOT A KING/KING 2-BDR -MOBILITY ACCESSIBLEW/NON ROLL-IN SHWR308KING 1-BDR310KING STUDIO306KING STUDIO302KING STUDIO304DBL QUEEN STUDIO313KING STUDIO312KING STUDIO314KING 1 BDR316DBL QUEEN 1 BDR315DBL QUEEN 1 BDR317KING 1 BDR318KING STUDIO320DBL QUEEN STUDIO319DBL QUEEN STUDIO -COMMUNICATIONACCESSIBLE321KING STUDIO322KING 1-BDR324DBL QUEEN 1 BDR323DBL QUEEN 1 BDR325KING STUDIO328H.K. / STO.327.1KING STUDIO337KING STUDIO330KING 1-BDR -COMMUNICATIONACCESSIBLE332KING 1-BDR - MOBILITYACCESSIBLE W/NONROLL-IN SHWR334KING STUDIO336KING STUDIO338KING STUDIO340KING STUDIO342KING STUDIO339KING STUDIO341KING STUDIO343SERVICE VESTIBULE398ICE352KING STUDIO345KING STUDIO -COMMUNICATIONACCESSIBLE347DOUBLE QUEEN - MOBILITYACCESSIBLE W/NONROLL-IN SHWR351KING - COMMUNICATIONACCESSIBLE353DOUBLE QUEEN355DOUBLE QUEEN357DOUBLE QUEEN359DOUBLE QUEEN361DOUBLE QUEEN363DOUBLE QUEEN365DOUBLE QUEEN -COMMUNICATIONACCESSIBLE367KING - MOBILITYACCESSIBLE W/NONROLL-IN SHWR369DBL QUEEN371TELECOM370ELECTRICAL368DOUBLE QUEEN373DOUBLE QUEEN375DOUBLE QUEEN377DOUBLE QUEEN379DOUBLE QUEEN381DOUBLE QUEEN383DOUBLE QUEEN385KING384KING382KING380KING378KING376KING374H.K. / STO.364KING362KING360KING358KING356KING354DBL QUEEN387KING389KING391KING - COMMUNICATIONACCESSIBLE393DBL QUEEN STUDIO311DBL QUEEN STUDIO-MOBILITY ACCESSIBLEW/NON ROLL-IN SHWR309ELEV. LOBBY307IT327.3ELEC.303.1H.K. / STO.305IT303.2H.K. / STO.301STAIR #33S3CORRIDOR399ELECTRICAL327.2H.K. / STO350STAIR #13S1STAIR #23S2Sheet Title:Job NumberScaleDrawn:Checked:This Document is the property of Raintree Architectureand is to be used only in connection with theproject named herein. Reproduction, in whole or inpart, shall be allowed only with the express writtenor verbal permission. Drawing scales as shown arevalid on the original size document which is 30 by42 inches. c 2015 Raintree Architecture, Inc.Date:APCHNTECTERUANNRIILGNIOIRTRES#Description:4-30-15 FOR PERMIT ONLY5-29-15 INTERIORS COORDINATION PACKAGEDate:A-006FLOOR PLAN -LEVEL 3SPRINGHILL SUITES/RESIDENCE INN309 CORONADO DRIVECLEARWATER, FLRELEASED FORCONSTRUCTION 10-16-151/16" = 1'-0"A-00611/16" FLOOR PLAN - LEVEL 3LOT ALOT BSPRINGHILL SUITES 115 ROOMSRESIDENCE INN 140 ROOMSBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYPROPOSED(NO CHANGES ON THIS FLOOR)RESIDENCE INN 142 ROOMSSPRINGHILL SUITES 118 ROOMSLOT A KING/KING 2-BDR408KING 1-BDR410DBL QUEEN STUDIO409KING STUDIO -COMMUNICATIONACCESSIBLE412DBL QUEEN STUDIO411KING STUDIO414DBL QUEEN STUDIO413KING 1-BDR416DBL QUEEN 1 BDR -MOBILITY ACCESSIBLEW/NON ROLL-IN SHWR415KING 1-BDR418DBL QUEEN 1 BDR -COMMUNICATIONACCESSIBLE417KING STUDIO420DBL QUEEN STUDIO419KING STUDIO422DBL QUEEN STUDIO421KING 1-BDR424DBL QUEEN 1 BDR423DBL QUEEN 1 BDR425KING STUDIO428H.K. / STO.427.1KING STUDIO430CORRIDOR499KING 1-BDR432KING 1-BDR434KING STUDIO436KING STUDIO438KING STUDIO - MOBILITYACCESSIBLE W/NONROLL-IN SHWR437KING STUDIO440KING STUDIO439KING STUDIO442KING STUDIO441SERVICE VESTIBULE498AKING STUDIO443ICE452KING STUDIO445KING STUDIO447DOUBLE QUEEN - MOBILITYACCESSIBLE W/NONROLL-IN SHWR451ELEVATOR LOBBY495KING - COMMUNICATIONACCESSIBLE453KING454DOUBLE QUEEN455KING456DOUBLE QUEEN457KING458DOUBLE QUEEN459KING460DOUBLE QUEEN461KING462DOUBLE QUEEN463H.K. / STO.464DOUBLE QUEEN465DOUBLE QUEEN -COMMUNICATIONACCESSIBLE467ELECTRICAL468KING - MOBILITYACCESSIBLE W/NONROLL-IN SHWR469TELECOM470DBL QUEEN471DOUBLE QUEEN -COMMUNICATIONACCESSIBLE473KING474DOUBLE QUEEN475KING476DOUBLE QUEEN477KING478DOUBLE QUEEN479KING480DOUBLE QUEEN481KING482DOUBLE QUEEN483KING484DOUBLE QUEEN485CORRIDOR497STAIR #24S2DBL QUEEN487KING489KING491KING - COMMUNICATIONACCESSIBLE493SERVICE ELEVATORS1PASSENGER ELEVATORP2PASSENGER ELEVATORP1STAIR #14S1KING STUDIO406KING STUDIO -COMMUNICATIONACCESSIBLE402STAIR #34S3H.K. / STO.401ELEV. CONTROL ROOM496ELEV. LOBBY407ELEV. CONTROL405KINGSTUDIO404IT403.2ELEC.403.1ELECTRICAL427.2IT427.3H.K. / STO.450Sheet Title:Job NumberScaleDrawn:Checked:This Document is the property of Raintree Architectureand is to be used only in connection with theproject named herein. Reproduction, in whole or inpart, shall be allowed only with the express writtenor verbal permission. Drawing scales as shown arevalid on the original size document which is 30 by42 inches. c 2015 Raintree Architecture, Inc.Date:APCHNTECTERUANNRIILGNIOIRTRES#Description:4-30-15 FOR PERMIT ONLY5-29-15 INTERIORS COORDINATION PACKAGEDate:A-007FLOOR PLAN -LEVEL 4SPRINGHILL SUITES/RESIDENCE INN309 CORONADO DRIVECLEARWATER, FLRELEASED FORCONSTRUCTION 10-16-151/16" = 1'-0"A-00711/16" FLOOR PLAN - LEVEL 4LOT BLOT ARESIDENCE INN 140 ROOMSSPRINGHILL SUITES 115 ROOMSBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYPROPOSED(NO CHANGES ON THIS FLOOR)RESIDENCE INN 142 ROOMSSPRINGHILL SUITES 118 ROOMSLOT A 1 Springhill Suites Hotel 309 Coronado Drive Narrative – HDA for Lot/Hotel A Request Approval of a Development Agreement for the allocation of three hotel units from the Hotel Density Reserve under Beach by Design to permit a 118-unit Overnight Accommodations use for Lot/Hotel A in the Tourist (T) District, under the provisions of CDC Section 4-606.C.1. Proposal The existing Lot/Hotel A is currently developed with the Springhill Suites Hotel with 138 hotel units, along with an existing 7,232 square feet of non-accessory commercial floor area. This existing Lot/Hotel A was approved under Case FLD2009-08026 by the Community Development Board (CDB) on November 17, 2009. A Minor Lot Adjustment was approved by the Planning Director on November 10, 2015, reconfiguring the lots for Hotel A and Hotel B and recorded in OR Book 18985, Pages 2354 – 2377 to the existing lot lines. A Unity of Title for Lot/Hotel A was recorded in OR Book 18985, Pages 2327 – 2330. A parcel combination was initiated by the Pinellas County Property Appraiser in 2015. Hotels A and B, totaling 255 units, 7,232 square feet of non-accessory commercial floor area, and 299 parking spaces, was constructed under BCP2015-05353. Upon completion of Hotel A and Hotel B in 2017, and then upon subsequent branding of the hotels as Springhill Suites and Residence Inn, respectively, the as-built and branded condition of the hotels did not match the acreage and unit-counts of the original approvals. Therefore, in connection with this HDA application, and a subsequent FLD and minor lot line adjustment, the acreage and unit-counts for both hotels will be clarified and will be consistent with approvals. In other words, the number of hotel units approved for the existing Lot/Hotel A is flipped from that approved for Lot/Hotel B. The proposed new lot lines will fix these discrepancies. The new proposed Lot/Hotel A will have 42,669 gross square feet (0.9795 gross acre). Therefore, the number of existing hotel units for proposed Lot/Hotel A will be 115 hotel units. This proposal is to add three hotel units to the existing 115-room overnight accommodation use on this proposed Lot/Hotel A, with a reduction to required shared parking from 400 total required spaces based on the Shared Parking provisions of CDC Section 3-1405 to the existing 299 spaces. These three hotel units requested were part of the overall original amount of hotel units approved under DVA2009-00002, DVA2009-00003, FLD2009-08026, and FLD2009-08027 (total of 260 hotel units approved, but only 255 hotel units constructed in 2015). The approved, but not constructed, five hotel units were returned to the Hotel Density Reserve when the Certificate of Occupancy was granted in 2017. This proposal is to gain back those total five overall hotel units lost. The proposed three hotel units for Lot/Hotel A will be constructed in the interior of the existing hotel building on Level 4 by reconfiguring common space or by eliminating accessory use floor area. The proposed density/intensity for Lot/Hotel A is discussed below under the Density and Floor Area Ratio (FAR) section below. This site is located within the area designated by Beach by Design as the Small Motel District. Beach by Design identifies this area as an area of potential revitalization through land assemblage and renovation in response to improving conditions on the balance of Clearwater Beach. Beach by Design recognizes that the condition of the existing and older small motels is not the “highest and best” use of these properties without significant property assembly providing for new development. This site is within the heart of the 2 tourist area and an area of intense redevelopment. Development of Hotels A and B accomplished significant land assemblage. The Hyatt Hotel and Surfstyle developments are directly across Coronado Drive from the subject property, each including parking garages with hundreds of public parking spaces. The City has demonstrated through the creation of Beach by Design that it recognizes the need for pedestrian-friendly development in order to create a vibrant active resort and waterfront destination serving tourists and locals alike. It is understood that this broad range of uses contribute to the creation of the unique character and atmosphere that is Clearwater Beach. Site Location and Existing Conditions The original, approved Lot/Hotel A is 48,151 gross square feet (1.1054 gross acres), currently developed with an existing Springhill Suites Hotel with 138 hotel units and with an existing 7,232 square feet of non- accessory commercial floor area. Originally, Lot/Hotel A approved under Case FLD2009-08026 by the Community Development Board (CDB) on November 17, 2009, included 142 rooms, 2,750 square feet of restaurant floor area, and 3,900 square feet of retail sales floor area on 1.106 acres. Lot/Hotel A received 95 rooms from the Hotel Density Reserve, approved under Case DVA2009-00002. Combined, Lots/Hotels A and B under prior approvals, provided for 260 rooms, 2,750 square feet of restaurant floor area, 5,235 square feet of retail sales floor area (total non-accessory commercial floor area of 7,985 square feet), and 302 parking spaces. Also, Case FLD2009-09036 was approved on November 30, 2009, for a commercial dock for 18 slips totaling 2,592.7 square feet, as accessory to the upland hotels. While time extensions were approved by the Planning Director and the CDB, the approval of these docks expired and was never constructed. A First Minor Revision for the hotel was approved by the Planning Director on November 18, 2014, to permit minor revisions to the overall building footprint and building facades. A Second Minor Revision was approved by the Planning Director on June 16, 2015, to permit minor revisions to the building footprint and building facades, along with minor revisions to the amount and location of landscape materials. A Minor Lot Adjustment was approved by the Planning Director on November 10, 2015, reconfiguring the lots for the existing Lot/Hotel A and Lot/Hotel B and recorded in OR Book 18985, Pages 2354 – 2377. A Unity of Title for the Lot/Hotel A lot was recorded in OR Book 18985, Pages 2327 – 2330. Building Permit BCP2015-05353 was issued to construct Hotels A and B for a combined 255 rooms, 7,232 square feet of commercial floor area, and 299 parking spaces for the overall Hotels A and B site, with a Certificate of Occupancy issued August 30, 2017. A Third Minor Revision was approved by the Planning Director on August 30, 2019, increasing the total restaurant floor area to 5,941 square feet and decreasing the total retail sales floor area to 1,291 square feet within the existing 7,232 square feet of existing non- accessory commercial floor area. The subject property is zoned Tourist (T) District with a Future Land Use Plan (FLUP) category of Resort Facilities High (RFH) and is located in the Small Motel District of Beach by Design. Compliance with the Flexible Development Standards of CDC Table 2-803 and other CDC Requirements Density and Floor Area Ratio (FAR) – With the land area under the approved FLD2009-08026, Lot/Hotel A was approved for a total of 142 overnight accommodation units, including the allocation of 95 units from the Hotel Density Reserve (DVA2009-00002), 2,750 square feet of restaurant floor area, and 3,900 square feet of retail sales floor area. With the land area under the approved FLD2009-08027, Lot/Hotel B was approved for a total of 118 overnight accommodation units, including the allocation of 79 units from the Hotel Density Reserve (DVA2009-00003), and 1,335 square feet of retail sales floor area. Combined, Lots/Hotels A and B were approved for a total of 260 overnight accommodation units, 2,750 square feet of restaurant floor area, and 5,235 square feet of retail sales floor area (combined 7,985 square feet of non-accessory commercial floor area). Lots/Hotels A and B were approved also with a combined total of 3 302 parking spaces, under the Shared Parking calculation under CDC Section 3-1405, included under a parking reduction. Under BCP2015-05353 issued by the City’s Planning and Development Department, the combined Lots/Hotels A and B constructed a total of 255 overnight accommodation units, 7,232 square feet of non-accessory commercial floor area, and 299 parking spaces. This construction represented a reduction of five overnight accommodation units, 753 square feet of non-accessory commercial floor area, and three parking spaces. The 1,335 square feet of retail floor area approved for Lot/Hotel B was also relocated to be on the Lot/Hotel A parcel under BCP2015-05353. This proposal corrects the density/floor area ratio created under the approval of BCP2015-05353. The proposed Lot/Hotel A will have 42,669 gross square feet (0.9795 gross acre) and the number of existing hotel units for proposed Lot/Hotel A will be 115 hotel units. Subtracting the non-accessory commercial floor area as primary uses (7,232 square feet) from the gross lot square footage produces 35,437 net square feet, or 0.8135 net acre. Additionally, pursuant to CDC Section 2-803.K.11.c, which reduces the net lot area by the square footage of accessory uses exceeding 10% of the gross floor area. The accessory uses on proposed Lot/Hotel A total 10,195 square feet (13.4% of gross floor area [GFA]). The proposal adding three hotel units to proposed Lot/Hotel A (by eliminating or reconfiguring accessory use floor area) reduces the accessory uses square feet to a proposed 8,793 square feet (11.5% of GFA). Pursuant to CDC Section 2-803.K.11.c, the floor area above 10% of the GFA (8,793 sf – 7,626 sf = 1,167 square feet) must be subtracted from the gross lot square feet to determine the net lot square footage to determine the number of hotel units permitted by right (50 units/acre) and the maximum number of hotel units permissible under Beach by Design (150 units/acre) for the allocation of hotel units from the Hotel Density Reserve. Subtracting this 1,167 square feet from the gross lot square footage produces a net lot square footage of 34,270 square feet (0.7867 net acre),which is used for calculating the permissible number of units for this proposed Lot/Hotel A site. At the permitted density of 50 units/acre, a maximum of 39 units are allowed. At the maximum allowable density by Beach by Design of 150 units/acre, a maximum of 118 hotel units is permissible. The maximum number of units that can be allocated from the Hotel Density Reserve for proposed Lot/Hotel A is 79 hotel units (118 – 39 = 79). Originally there were 142 hotel units permitted in 2009. While the original overall approval included 260 hotel units, overall only 255 hotel units were constructed, including 138 hotel units on the Lot/Hotel A site. With the 115 hotel units constructed on the new proposed Lot/Hotel A site and based on the 0.7867 net acre, the existing density is 146.18 units/net acre. Adding the proposed three hotel units to this new proposed Lot/Hotel A will increase the total number of hotel units to 118, with a proposed density of 149.99 units/net acre, still below the maximum allowable density of 150 units/acre. The maximum FAR allowable in the Tourist (T) District is 1.0. Based on the gross lot square footage of 42,669 square feet of the proposed Lot/Hotel A and the 7,232 square feet of existing non-accessory commercial floor area, the proposed Floor Area Ratio (FAR) is 0.17 FAR. As such, the overall proposed density of 149.99 units/net acre and the proposed FAR of 0.17 meets the maximum density/intensity standards established in Beach by Design for projects that have acquired units from the Hotel Density Reserve. Impervious Surface Ratio (ISR): Pursuant to CDC Section 2-801.1, the maximum allowable ISR is 0.95. The existing ISR the proposed Lot/Hotel A is 0.80 and, with the addition of proposed outdoor seating patios (under a proposal to the CDB), the proposed ISR will increase to 0.85, which is still consistent with the Code provisions. Minimum Lot Area and Width – The minimum lot area for an overnight accommodation use is 10,000 – 20,000 square feet, pursuant to CDC Table 2-803. The 42,669 gross square feet (0.9795 gross acre) for the proposed Lot/Hotel A greatly exceeds the lot area requirements of this standard for overnight accommodations. The minimum lot width for an overnight accommodation use is 100 – 150 feet, pursuant 4 to CDC Table 2-803. The existing Lot/Hotel A, based on the recorded Minor Lot Adjustment and Unity of Title, has a lot width of 243.56 feet along Coronado Drive, 220 feet along Third Street, and 166 feet along Hamden Drive. The proposed new lot width along Hamden Drive is 226 feet along Hamden Drive (no changes to the lot widths along Coronado Drive and Third Street), which greatly exceeds the lot width requirements of this standard for overnight accommodations. Minimum Setbacks and Stepbacks – The proposal to add three hotel units to this Hotel A site will occur internally within the existing building. The setbacks for an overnight accommodation use pursuant to CDC Table 2-803 are a minimum front setback of 0 – 15 feet, a minimum side setback of 0 – 10 feet and a minimum rear setback of 0 – 20 feet. A companion FLD application for Lot/Hotel A is being reviewed by the CDB as a Comprehensive Infill Redevelopment Project, primarily due to the reduction to required parking request. As a Comprehensive Infill Redevelopment Project, there are no setbacks required, but the proposed setbacks are to be set out in the application. There are also no distinct setbacks set forth for the Small Hotel District in Beach by Design. The hotel building was constructed in accordance with the setbacks approved in the original approval under FLD2009-08026. The companion FLD application for Lot/Hotel A being reviewed by the CDB requests reductions to setbacks for outdoor seating patios. Maximum Height – The approved and now existing building height for Hotel A was 74.33 feet (from BFE to flat roof) and 82 feet (to top of architectural embellishments). The constructed building height is 74’- 0”. There are no proposed changes to this approved and constructed hotel building height. Minimum Off-Street Parking – The original approvals in 2009 for Hotels A and B provided 302 parking spaces for the combined total of 260 hotel units, 2,750 square feet of restaurant floor area, 5,235 square feet of retail sales floor area (total non-accessory commercial floor area of 7,985 square feet). There were 299 total parking spaces constructed under BCP2015-05353 issued by the City’s Planning and Development Department. Under the approvals of FLD2009-08026 and FLD2009-08027 for Hotels A and B, when all uses were taken into account for required parking (hotels, retail sales, and restaurants) and the Shared Parking calculation of CDC Section 3-1405 was applied, the required parking totaled 376 parking spaces. A Parking Demand Study submitted with FLD2009-08026 and FLD2009-08027 justified the reduction to the approved 302 spaces. Building Permit BCP2015-05353 was issued to construct Hotels A and B for a combined 255 rooms, 7,232 square feet of commercial floor area, and 299 parking spaces for the overall Hotels A and B site. The proposals for Lot/Hotel A and Lot/Hotel B include adding five hotel units to the 255 units constructed (proposed total of 260 units; same as the original approvals) and a companion FLD proposal to be considered by the CDB to permit all existing 7,232 square feet of non- accessory commercial floor area to be able to have restaurant uses (or allowable uses with a similar 12 parking spaces/1,000 square feet or a lesser parking requirement to allow flexibility for leasing of the commercial tenant units), along with the 20 slip marina recently approved under FLD2009-08026A and FLD2009-08027A (which requires a maximum of 10 parking spaces), a new Shared Parking calculation under CDC Section 3-1405 indicates a total of 400 spaces required for all existing or proposed uses. It is noted there is no additional parking required for the proposed outdoor seating patios, in accordance with CDC Section 3-204.E. These existing or proposed changes under this proposal represents an increase in required parking of 24 parking spaces, reflecting only a 6.38% increase over that required in 2009. Today, there are hundreds of public parking spaces available in the Hyatt Hotel and in the Surfstyle parking garages, where both garages are located directly across Coronado Drive from this site. A new Parking Analysis has been provided with the companion FLD application to be considered by the CDB justifying the requested reduction from 400 spaces required to the existing 299 parking spaces. 5 Mechanical Equipment – There is no additional mechanical equipment proposed with this proposal to add three hotel units. Sight Visibility Triangles – CDC Section 3-904.A restricts structures and landscaping which will obstruct views at a level of 30 inches and eight feet above grade within 20-foot sight visibility triangles at driveways and street intersections. There are two-way driveways existing on Coronado Drive and Hamden Drive. The proposal to add three hotel units on the Lot/Hotel A internally will not impact sight visibility for drivers or pedestrians. Utilities – For development that does not involve a subdivision, CDC Section 3-912 requires all utilities including individual distribution lines to be installed underground unless such undergrounding is not practicable. There are existing overhead utilities along the site frontage of the east side of Hamden Drive. The Development Orders for Hotels A and B required the undergrounding of these existing overhead utilities. The owners desired to underground these utilities previously, but were told they could not. These overhead utilities should be undergrounded at a future time when the City determines to underground these utilities in a coordinated project along all of Hamden Drive and assess the abutting property owners for the costs associated. The proposal to add three hotel units to Lot/Hotel A internally on the fourth floor lobby level will not impact existing utilities. Landscaping – The site was landscaped in accordance with approved plans when the hotel building was constructed in 2017. There are changes proposed to the existing landscaping on Lo/Hotel A property to add proposed outdoor seating patios under the companion FLD application being reviewed by the CDB. Separate FLD applications reviewed by the CDB for a marina for Lots/Hotels A and B proposal will landscape the area on the east side of Hamden Drive where the marina is proposed, in accordance with originally approved landscaping. Solid Waste – The site has an existing roll-off dumpster located within a dumpster room/delivery area on the north side of the building with a garage door. This existing dumpster capacity is sufficient for all users on site. The proposal to add three hotel units internally to Lot/Hotel A will not impact this existing dumpster. Signage – There is only attached signage existing on-site. Commercial tenants have only attached signage through a Comprehensive Sign Program. The proposal to add three hotel units internally to Lot/Hotel A will not impact existing signage. 1 Springhill Suites Hotel 309 Coronado Drive Responses to Beach by Design Design Guidelines Criteria – HDA for Lot/Hotel A Conformance with the Design Guidelines, intended to be administered in a flexible manner to achieve the highest quality built environment for Clearwater Beach, is discussed below. The Design Guidelines are not intended to serve as regulations requiring specific relief, except with regard to building height and spacing between buildings exceeding 100 feet in height. This project lies within the Old Florida District of Beach by Design, where the development requirements set forth in the Old Florida District supersede any conflicting standards in the Design Guidelines and the Community Development Code (CDC). Section A – Density Design Response: With the land area under the approved FLD2009-08026, Lot/Hotel A was approved for a total of 142 overnight accommodation units, including the allocation of 95 units from the Hotel Density Reserve (DVA2009-00002), 2,750 square feet of restaurant floor area, and 3,900 square feet of retail sales floor area. With the land area under the approved FLD2009-08027, Lot/Hotel B was approved for a total of 118 overnight accommodation units, including the allocation of 79 units from the Hotel Density Reserve (DVA2009-00003), and 1,335 square feet of retail sales floor area. Combined, Lots/Hotels A and B were approved for a total of 260 overnight accommodation units, 2,750 square feet of restaurant floor area, and 5,235 square feet of retail sales floor area (combined 7,985 square feet of non-accessory commercial floor area). Lots/Hotels A and B were approved also with a combined total of 302 parking spaces, under the Shared Parking calculation under CDC Section 3-1405, included under a parking reduction. Under BCP2015-05353 issued by the City’s Planning and Development Department, the combined Lots/Hotels A and B constructed a total of 255 overnight accommodation units, 7,232 square feet of non-accessory commercial floor area, and 299 parking spaces. This construction represented a reduction of five overnight accommodation units, 753 square feet of non-accessory commercial floor area, and three parking spaces. The 1,335 square feet of retail floor area approved for Lot/Hotel B was also relocated to be on the Lot/Hotel A parcel under BCP2015-05353. This narrative clarifies the density/floor area ratio created under the approval of BCP2015-05353. The proposed Lot/Hotel A will have 42,669 gross square feet (0.9795 gross acre) and the number of existing hotel units for proposed Lot/Hotel A will be 115 hotel units. Subtracting the non-accessory commercial floor area as primary uses (7,232 square feet) from the gross lot square footage produces 35,437 net square feet, or 0.8135 net acre. Additionally, pursuant to CDC Section 2-803.K.11.c, which reduces the net lot area by the square footage of accessory uses exceeding 10% of the gross floor area. Based on the proposed Minor Lot Amendment, the existing accessory uses on proposed Lot/Hotel A total 10,195 square feet (13.4% of gross floor area [GFA]). The proposal adding three hotel units to proposed Lot/Hotel A (by eliminating or reconfiguring accessory use floor area) reduces the accessory uses square feet to a proposed 8,793 square feet (11.5% of GFA). Pursuant to CDC Section 2-803.K.11.c, the floor area above 10% of the GFA (8,793 sf – 7,626 sf = 1,167 square feet) must be subtracted from the gross lot square feet to determine the net lot square footage to determine the number of hotel units permitted by right (50 units/acre) and the maximum number of hotel units permissible under Beach by Design (150 units/acre) for the allocation of hotel units from the Hotel Density Reserve. Subtracting this 1,167 square feet from the gross lot square footage produces a net lot square footage of 34,270 square feet (0.7867 net acre),which is used for calculating the permissible number of units for this proposed Lot/Hotel A site. At the permitted density of 50 units/acre, a maximum of 39 units are allowed. At the maximum allowable density by Beach by Design of 150 units/acre, a maximum of 118 hotel units is permissible. The maximum 2 number of units that can be allocated from the Hotel Density Reserve for proposed Lot/Hotel A is 79 hotel units (118 – 39 = 79). Originally there were 142 hotel units permitted in 2009. While the original overall approval included 260 hotel units, overall only 255 hotel units were constructed, including 138 hotel units on the Lot/Hotel A site. With the 115 hotel units constructed on the new proposed Lot/Hotel A site and based on the 0.7867 net acre, the existing density is 146.18 units/net acre. Adding the proposed three hotel units to this new proposed Lot/Hotel A will increase the total number of hotel units to 118, with a proposed density of 149.99 units/net acre, still below the maximum allowable density of 150 units/acre. The maximum FAR allowable in the Tourist (T) District is 1.0. Based on the gross lot square footage of 42,669 square feet of the proposed Lot/Hotel A and the 7,232 square feet of existing non-accessory commercial floor area, the proposed Floor Area Ratio (FAR) is 0.17 FAR. As such, the overall proposed density of 149.99 units/net acre and the proposed FAR of 0.17 meets the maximum density/intensity standards established in Beach by Design for projects that have acquired units from the Hotel Density Reserve. Section B – Height and Separation Design Response: Section B.1 – Height The Design Guidelines provide that a height up to 150 feet may be permitted where additional density is allocated to the development either by TDRs, or via the Destination Resort Density Pool, or via the Hotel Density Reserve with location standards. The approved building height for Hotel A was 74.33 feet (from BFE to flat roof) and 82 feet (to top of architectural embellishments). The constructed building height is 74’-0”. The existing hotel met the requirements of this Guideline when approved in 2009, when the building permit was issued in 2015 and when the Certificate of Occupancy was issued in August 2017. Therefore, this Guideline is not applicable to the proposal. Section B.2 – Separation The Design Guidelines require that portions of any structures which exceed 100 feet in height are spaced at least 100 feet apart and also provide for overall separation requirements for all buildings which exceed 100 feet in height. The approved building height for Hotel A was 74.33 feet (from BFE to flat roof) and 82 feet (to top of architectural embellishments). The constructed building height is 74’-0”. The existing hotel met the requirements of this Guideline when approved in 2009, when the building permit was issued in 2015 and when the Certificate of Occupancy was issued in August 2017. Therefore, this Guideline is not applicable to the proposal. Section B.3 – Floor Plate The Design Guidelines require the floorplate of any building exceeding 45 feet in height, with the exception of parking levels, be no greater than 25,000 square feet and also requires reduced floorplates exceeding 100 feet in height. The existing hotel met the requirements of this Guideline when approved in 2009, when the building permit was issued in 2015 and when the Certificate of Occupancy was issued in August 2017. Therefore, this Guideline is not applicable to the proposal. Section C – Design, Scale and Building Mass Design Response: Section C.1 – Building Dimensions 3 The Design Guidelines require buildings with a footprint of greater than 5,000 square feet or a single dimension greater than 100 feet be constructed so that no more than the two of the three building dimensions in the vertical or horizontal planes are equal in length. The existing hotel met the requirements of this Guideline when approved in 2009, when the building permit was issued in 2015 and when the Certificate of Occupancy was issued in August 2017. Therefore, this Guideline is not applicable to the proposal. Section C.2 – Building Plane Length The Design Guidelines require no plane or elevation to continue uninterrupted for greater than 100 feet without an offset of more than 100 feet. The existing hotel met the requirements of this Guideline when approved in 2009, when the building permit was issued in 2015 and when the Certificate of Occupancy was issued in August 2017. Therefore, this Guideline is not applicable to the proposal. Section C.3 – Windows and Building Decoration The Design Guidelines require at least 60 percent of any elevation to be covered with windows or architectural decoration. The existing hotel met the requirements of this Guideline when approved in 2009, when the building permit was issued in 2015 and when the Certificate of Occupancy was issued in August 2017. Therefore, this Guideline is not applicable to the proposal. Section C.4 – Building Envelope The Design Guidelines provides that no more than 60 percent of the theoretical maximum building envelope located above 45 feet will be occupied by a building. The existing hotel met the requirements of this Guideline when approved in 2009, when the building permit was issued in 2015 and when the Certificate of Occupancy was issued in August 2017. Therefore, this Guideline is not applicable to the proposal. Section C.5 – Building Height and Mass Correlation The Design Guidelines require that the height and mass of buildings be correlated to: (1) the dimensional aspects of the parcel and (2) adjacent public spaces such as streets and parks. The existing hotel met the requirements of this Guideline when approved in 2009, when the building permit was issued in 2015 and when the Certificate of Occupancy was issued in August 2017. Therefore, this Guideline is not applicable to the proposal. Section C.6 – Mix of Uses The Design Guidelines permit buildings to be designed for a vertical or horizontal mix of permitted uses. The existing building for proposed Lot/Hotel A is a mix of an overnight accommodation use with a proposed total of 118 hotel units and non-accessory commercial floor area of 7,232 square feet. Therefore, this provision is supported by this proposal. Section D – Setbacks and Stepbacks Design Response: Section D.1 – Rights-of-way The Design Guidelines provide for the distances from structures to the edge of the right-of-way should be 12 feet along local streets. The existing hotel met the requirements of this Guideline when approved in 2009, when the building permit was issued in 2015 and when the Certificate of Occupancy was issued in August 2017. The setbacks for an overnight accommodation use pursuant to CDC Table 2-803 are a 4 minimum front setback of 0 – 15 feet, a minimum side setback of 0 – 10 feet and a minimum rear setback of 0 – 20 feet. The proposal to add three hotel units internally will not impact existing setbacks. Therefore, this provision is supported by this proposal. Section D.2 – Side and Rear Setbacks The Design Guidelines provide that, except for the side and rear setbacks set forth elsewhere in Beach by Design, no side or rear setback lines are recommended, except as may be required to comply with the City’s Fire Code. The existing hotel met the requirements of this Guideline when approved in 2009, when the building permit was issued in 2015 and when the Certificate of Occupancy was issued in August 2017. The proposal to add three hotel units internally will not impact existing setbacks. Therefore, this Guideline is not applicable to the proposal. Section D.3 – Coronado Drive Setbacks and Stepbacks The Design Guidelines address setbacks and stepbacks along Coronado and Hamden Drives for projects utilizing the hotel density reserve to reduce upper story massing along the street and ensure a human scale street environment. The existing hotel met the requirements of this Guideline when approved in 2009, when the building permit was issued in 2015 and when the Certificate of Occupancy was issued in August 2017. The proposal to add three hotel units internally will not impact existing setbacks or stepbacks. Therefore this Guideline is not applicable to the proposal. Section E – Street-Level Facades Design Response: Section E.1 – Openness The Design Guidelines require at least 60 percent of the street level facades of buildings used for nonresidential purposes which abut a public street or pedestrian access way will include windows or doors that allow pedestrians to see into the building, or landscaped or hardscaped courtyards or plazas. In addition, parking structures should utilize architectural details and design elements such as false recessed windows, arches, planter boxes, metal grillwork, etc. instead of transparent alternatives. When a parking garage abuts a public road, it will be designed such that the function of the building is not readily apparent except at points of ingress and egress. The existing hotel met the requirements of this Guideline when approved in 2009, when the building permit was issued in 2015 and when the Certificate of Occupancy was issued in August 2017. The proposal to add three hotel units internally will not impact the existing openness percentages. Therefore this Guideline is not applicable to the proposal. Section E.2 – Window Coverage The Design Guidelines provide that window coverings or other opaque materials may cover no more than 10 percent of the area of any street-level window that fronts on a public right-of-way. The existing hotel met the requirements of this Guideline when approved in 2009, when the building permit was issued in 2015 and when the Certificate of Occupancy was issued in August 2017. The proposal to add three hotel units internally will not impact this window coverage guideline. Therefore this Guideline is not applicable to the proposal. Section E.3 – Building Entrances 5 The Design Guidelines require that building entrances should be aesthetically inviting and easily identified. The existing entrance to the hotel and all existing commercial tenant spaces on Lot/Hotel A are easily identified and are aesthetically inviting. Therefore, this provision is supported by this proposal. Section F – Parking Areas Design Response: The Design Guidelines address issues related to parking areas and the screening of such. The existing hotel met the requirements of this Guideline when approved in 2009, when the building permit was issued in 2015 and when the Certificate of Occupancy was issued in August 2017. The proposal to add three hotel units internally will not impact this parking design guideline. Therefore this Guideline is not applicable to the proposal. Section G – Signage Design Response: The Design Guidelines address issues related to signage. Only attached signage is anticipated with this development. The proposal to add three hotel units internally will not impact existing signage. Therefore this Guideline is not applicable to the proposal. Section H – Sidewalks Design Response: The Design Guidelines address issues related to sidewalks and provides that all sidewalks along arterials and retail streets should be at least 10 feet in width and requires palm trees with at least an eight-foot clear trunk to be planted at a maximum of 35-foot centers. There is no discussion regarding local streets. The existing hotel met the requirements of this Guideline when approved in 2009, when the building permit was issued in 2015 and when the Certificate of Occupancy was issued in August 2017. The proposal to add three hotel units internally will not impact this sidewalk guideline. Therefore this Guideline is not applicable to the proposal. Section I – Street Furniture and Bicycle Racks Design Response: The Design Guidelines address issues related to street furniture and bicycle racks. The existing hotel met the requirements of this Guideline when approved in 2009, when the building permit was issued in 2015 and when the Certificate of Occupancy was issued in August 2017. The proposal to add three hotel units internally will not impact this street furniture and bicycle guideline. Therefore this Guideline is not applicable to the proposal. Section J – Street Lighting Design Response: 6 The Design Guidelines address issues related to street lighting. The existing hotel met the requirements of this Guideline when approved in 2009, when the building permit was issued in 2015 and when the Certificate of Occupancy was issued in August 2017. The proposal to add three hotel units internally will not impact this street lighting guideline. Therefore this Guideline is not applicable to the proposal. Section K – Fountains Design Response: The Design Guidelines address issues related to fountains. The existing hotel met the requirements of this Guideline when approved in 2009, when the building permit was issued in 2015 and when the Certificate of Occupancy was issued in August 2017. The proposal to add three hotel units internally will not impact this fountain guideline. Therefore this Guideline is not applicable to the proposal. Section L – Materials and Color Design Response: The Design Guidelines address issues related to materials and color. The existing hotel met the requirements of this Guideline when approved in 2009, when the building permit was issued in 2015 and when the Certificate of Occupancy was issued in August 2017. The proposal to add three hotel units internally will not impact this material and color guideline. Therefore this Guideline is not applicable to the proposal. DENSITY/INTENSITY CALCULATIONS FOR PROPOSED LOT/HOTEL A – HDA & FLD JULY 30, 2020 (Springhill Suites Hotel) The proposed lot lines do not split individual hotel units AND the proposed lot lines are aligned with the branded hotel units for the appropriate lot (as well as aligned with the existing Business Tax Receipts (BTRs). The proposed lot lines generally follow the outside building edge of the hotel (and balconies), and cut through the interior of the building through common areas (parking decks, back of house areas, fourth floor lobby, and hallways. Proposed Gross Lot Square Footage and Gross Lot Area Parcel A1 - 40,581 square feet (0.9316 acres) Parcel A2 - 2,088 square feet (0.0479 acre) (area east of Hamden Drive) TOTAL GROSS 42,669 square feet (0.9795 gross acre) (Note: FLD2009-08026 used 48,190.53 sf; 1.106 acres) Proposed Density Gross Lot Square Footage 42,669 square feet (Note: FLD2009-08026 used 48,190.53 sf) Non-accessory Commercial Floor Area -7,232 square feet (Note: FLD2009-08026 used 6,650 sf) Accessory Uses above 10% GFA -1,167 square feet (Pursuant to CDC Section 2-803.K.11.c) Net Lot Square Footage 34,270 square feet (Note: FLD2009-08026 used 41,540.53 sf) Net Lot Acreage 0.7867 net acre (Note: FLD2009-08026 used 0.9536 net acre) 0.7867 net acre x 50 units/acre 39.33 units allowed; rounds down to 39 units allowed normally (Note: FLD2009-08026 used 47 units allowed) 0.7867 net acre x 150 units/acre 118.005 units allowed; rounds down to 118 units allowed by Beach by Design (Note: FLD2009-08026 used 143.04 or 143 units permissible) Proposed Maximum units that can be requested from the Hotel Density Reserve 118 units – 39 units = 79 units maximum (Note: FLD2009-08026 used 143 units – 47 units = 96 units maximum could be requested; proposal requested and allocated 95 units) FLD2009-08026 was approved for 142 units (47 units allowed, with 95 units allocated from Hotel Density Reserve). Under this proposal, based on the proposed changed conditions of lot line locations, gross lot area, non- accessory commercial floor area, accessory uses exceeding 10% of GFA, and net lot area, Lot/Hotel A is allowed a maximum of 118 units, where a maximum of 79 units could be allocated from the Hotel Density Reserve. Hotel units constructed/existing on proposed Lot/Hotel A under this proposal is 115 units and the proposed density is 146.18 units/net acre. The existing 7,232 square feet of non-accessory commercial floor area constructed on Lot/Hotel A represents a proposed Floor Area Ratio (FAR) of 0.17. The proposed density and proposed FAR are both in compliance with standards established in Beach by Design of a maximum of 150 units/acre and 1.0 FAR. The addition of three units (due to space limitations in the existing building, based on the architect’s plans) under the proposed HDA and FLD applications for proposed Lot/Hotel A will increase the proposed number of hotel units to 118 units with a proposed density of 149.99 units/net acre, in compliance with the maximum allowed density of 150 units/acre. The proposed Floor Area Ratio (FAR) is still 0.17. Resolution No. 20-39 RESOLUTION NO. 20-39 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CLEARWATER AND KEY CLEARWATER, LLC; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater is desirous of entering into a development agreement with KEY CLEARWATER, LLC; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Development Agreement between the City of Clearwater and KEY CLEARWATER, LLC, a copy of which is attached as Exhibit “A,” is hereby approved. Section 2. This resolution shall take effect immediately upon adoption. Section 3. The City Clerk is directed to submit a recorded copy of the Development Agreement to the state land planning agency no later than fourteen (14) days after the Development Agreement is recorded. PASSED AND ADOPTED this _______ day of _____________, 2020. ____________________________ Frank Hibbard Mayor Approved as to form: Attest: __________________________ _____________________________ Michael P. Fuino Rosemarie Call Assistant City Attorney City Clerk Address of Receiving Property Rooms Allocated Total Rooms Proposed Total Rooms Built Acreage Units / Acre Rooms per Base Density CDB Meeting City Council Approval Site Plan Approval Needed by Final Project Expiration Case Number Planner Notes 101 Coronado Drive (Pier 60 Hotel)72 108 108 0.72 150.00 36 5/19/2009 8/6/2009 Constructed Constructed FLD2009- 03013 / DVA2009- 00001 Wells Permit Status is completed. BCP2011-02294; BTR issued: BTR-0030708; 108 units; DBPR# HOT6215786 619 S. Gulfview Boulevard (Shephard's) 42 160 160 2.37 67.51 118 11/17/2009 12/17/2009 Constructed Constructed FLD2008- 12033 / DVA2008- 00002 Wells Allocated rooms reduced from 68 to 42 - minor revision on July 6, 2011; Permit Status is completed. BCP2011-09106/BCP2013-02542; BTR- 9005301: 160 units (140 units in system; need to change; sent email to Brenda checked against permits to verify); DBPR MOT6203452 655 S. Gulfview Boulevard (Hampton Inn / Quality Inn): (Hampton Inn: 635 Gulfview; Quality Inn: 655 Gulview)90 181 181 1.44 125.96 71 N/A 4/16/2014 Constructed 2/6/2017 DVA2013- 03001 / HDA2014- 02001 / FLD2013- 03011 / FLD2014- 03007 Nurnberger BCP2014-06256 - issued 12/17/2014 / BCP2014-07307 - issued 02/06/2015; Permit Status is completed. BTR9021241 - QUALITY INN: 91 units; DBPR #MOT6205082; BTR-0038694 - HAMPTON INN & SUITES; DBPR LIC # HOT6215807; 90 units (91 units in system - need to change, sent Brenda an email); Total units: 182 316 Hamden Drive (Hotel B) 79 units allocated; 118 units proposed; 39 units base density; 0.82 acres 300 Hamden Drive (Hotel A) 95 units allocated; 142 units proposed; 47 units base density; 1.10 acres 521 South Gulfview Boulevard (Entrada)30 344 344 3.908 88.02 314 N/A 6/19/2014 Constructed 5/24/2015 HDA2014- 04002 / FLD2013- 11038 / FLD2014- 06019 Parry site plan as related to HDA214-04002 approved as part of FLD2013- 11038. New site plan approval request to accommodated approved units as part of the HDA - FLD2014-06019 - approved; BCP2014-11452 issued 08/07/2015; Permit Status is completed. BTR-0024076 - HOLIDAY INN HOTEL & SUITES: 189 units; BTR-0036443 - EDGE HOTEL: 155 units (173 in system - need to change to 155 - sent email to Brenda; checked against permits to verify); Total units: 362 units 650 Bay Esplanade (DeNunzio Hotel)55 102 102 0.95 107.37 47 6/18/2013 7/19/2013 Constructed 6/23/2017 DVA2013- 02001 / FLS2013- 02006 Nurnberger Per 6.1.3.2 of the DVA - The Developer shall obtain permits and commenced construction on the development within four (4) years from the effective date of this Agreement (approx 7/19/17). BCP2015-10210 - issued 12/10/2015 and is Completed; BCP2016-01459 - issued 03-29- 2016 and is Completed. BTR-0036580 - FAIRFIELD INN AND SUITES BY MARRIOTT: 102 units Total Rooms Allocated from Reserve 463 Total Rooms Proposed 1,155 Total Rooms Built 1,150 Address of Receiving Property Rooms Allocated Total Rooms Proposed Acreage Units / Acre Rooms per Base Density CDB Meeting City Council Approval Site Plan Approval Needed by Final Project Expiration Case Number Planner 443 East Shore Drive (Courtyard by Marriott)139 110.32 6/19/2012 7/19/2012 5/26/2019 5/26/2019 FLD2012-03008 / DVA2012-03001 Jackson 443 East Shore Drive (Courtyard by Marriott) 1st amendment 144 114.29 12/18/2019 1/17/2019 1/17/2020 1/17/2020 FLD2012-03008A Teft 325 South Gulfview Boulevard (Parcel A)100 180 1.60 112.50 80 N/A 6/4/2014 1/4/2021 1/4/2021 HDA2013-08004 / FLD2014-12034 Parry 353 Coronado Drive (Parcel B) (345 Coronado also 395 Coronado)96 144 0.962 149.69 48 N/A 6/19/2014 6/14/2020 6/14/2020 HDA2013-08005 / FLD2015-02005 Parry 405 Coronado Drive (Parcel C)100 166 1.32 125.76 66 N/A 9/18/2014 12/12/2021 12/12/2021 HDA2013-08006 / FLD2015-05016 Parry 401 (421) South Gulfview Boulevard (Alanik)9/18/2014 9/18/2015*9/18/2015*HDA2014-06004 Parry 401 (421) South Gulfview Boulevard (Alanik) 1st Amendment 8/20/2015 8/16/2021 8/16/2021 HDA2015-06001/FLD2015-09036 Parry 401 (421) South Gulfview Boulevard (Alanik) 2nd Amendment 248 2.146 114.00 107 N/A TBD TBD TBD HDA2014-06004A Parry 40 Devon Drive (Sea Captain)10/15/2014 2/8/2021 2/8/2021 HDA2014-07004 / FLD2015-02006 Jackson 40 Devon Drive (Sea Captain) 1st Amendment TBD TBD TBD HDA2014-07004A / FLD2015-02006A Parry 630 South Gulfview Boulevard (Captain Bligh)100 159 1.19 133.61 59 N/A 11/20/2014 11/28/2018 11/28/2018 HDA2014-08007 / FLD2015-02004 Parry HOTEL DENSITY RESERVE PROJECTS - UNDER CONSTRUCTION / CONSTRUCTED N/A98117.001.953227 71 1.26 68 11/17/200939135.421.92255260174 HOTEL DENSITY RESERVE PROJECTS - APPROVED N/A32148.700.65998 6/13/2015Constructed12/17/2009 DVA2009- 00002 / FLD2009- 08026; DVA2009- 00003 / FLD2009- 08027 (see also FLD2019- 11030) 66 100 BCP2015-01211 issued 11-13-2015; Permit Status is completed. BTR- 0037618 for 140 units (Residence Inn); BTR-0037619 for 115 units (Springhill Suites) Wells FLD2012-03008 approved; time extension granted 04-13-2020: permit expiration is 05- 18-2021; BCP2014-08618 issued 08/13/2015; Permit Status is Active. Two TDR applications filed on 10-03-2018 (TDR2018-10002 and 10001) which will transfer five hotel units to the site. The total proposed room count has been updated to include these units. An amendment to the original Development Agreement (listed to the left and given the case file number of HDA2012-03001A) was also submitted as was as an amendment to the approved FLD application (noted to the left and given the case file number of FLD2012-03008A). Notes FLD2015-02005 approved; time extension granted 04-13-2019: site plan expiration is 01- 29-2021; BCP2019-040024 listed as "active" as of 08-07-2020; BCP2019-110486 listed as "active" as of 08-07-2020. FLD2014-12034 approved; time extension granted 04-13-2020: site plan expiration is 04- 26-2024; BCP not submitted as of 01-08-2020 Site plan approved; see comments above for permitting and other information. FLD2015-09036 approved; time extension granted 10-17-2019; site plan expiration is 06- 11-2021; BCP not submitted as of 01-08-2020 * The applicant changed the site plan amending the Dev. Agrmt. resulting in a new site plan approval reqm't and Dev. Agrmt expiration dates. FLD2015-05016 approved; time extension granted 04-21-2020; site plan expiration is 10- 11-2022; BCP not submitted as of 08-07-2020 FLD2015-02004 approved; time extension granted 05-31-2019; site plan expiration is 02- 27-2022; BCP not submitted as of 01-08-2020 The amendment includes a minor amendment to the hotel building essentially lowering the overall height and adding a detached dwelling on the portion of the site withinthe LMDR District. FLD2015-02006 approved; time extension granted 07-31-2017; site plan expiration is 02- 08-2021; BCP not submitted as of 01-08-2020. HDA approved at 11-21-2019 cuncil meeting; The amendment to the FLD application has not been submitted. 691 S. Gulfview Boulevard (the Views)92 202 1.35 149.97 67 N/A 10/16/2013 10/22/2021 10/22/2021 HDA2013-08001 / FLD2013-08028 Nurnberger 715 South Gulfview Boulevard 93 208 2.313 89.93 115 N/A 2/20/2014 2/20/2022 2/20/2022 HDA2013-12008 / FLD2014-11031 Parry 355 South Gulfview Boulevard 59 88 0.59 149.15 29 N/A 7/20/2017 7/20/2018 12/7/2020 HDA2017-04001 / FLD2017-07012 / APP2017-00001 Parry 657 Bay Esplanade 10 27 0.35 77.14 17 8/14/2018 9/11/2018 9/11/2019 9/11/2019 HDA2018-04001 / FLD2018-05012 Parry 850 Bayway 27 60 0.661 90.77 33 N/A 2/7/2019 2/7/2020 2/7/2020 HDA2018-10002 Parry 405/408/409/411 East Shore Drive 8 75 1.11 67.57 55.5 N/A 7/18/2019 7/18/2020 7/18/2020 HDA2019-03001 Parry Total Rooms Allocated from Reserve 922 Total Rooms Proposed 2,165 Address of Receiving Property Rooms Allocated Total Rooms Proposed Acreage Units / Acre Rooms per Base Density CDB Meeting City Council Approval Site Plan Approval Needed by Final Project Expiration Case Number Planner 309 Coronado (Parcel/Hotel A)3 118 0.9795 120.47 48 N/A TBD TBD TBD HDA2020-08003 Parry 309 Coronado (Parcel/Hotel B)2 142 0.9469 149.96 47 N/A TBD TBD TBD HDA2020-04002 Parry Total Rooms Pending Allocation 5 Total Rooms in Reserve 1,385 Total Rooms Allocated from Reserve 1,380 Total Rooms Pending Allocation 5 Total Remaining For Allocation 0 Address of Receiving Property Rooms Allocated Rooms Returned Acreage Units / Acre Rooms per Base Density CDB Meeting City Council Approval Site Plan Approval Needed by Final Project Expiration Case Number Planner 706 Bayway 15 15 0.349 42.98 17 N/A 11/20/2014 11/20/2015 11/20/2015 HDA2014-08006 / FLD2015-06025 Parry 625 South Gulfview Boulevard 69 69 0.69 100.00 64 N/A 12/4/2013 11/20/2015 12/4/2016 HDA2013-08007 Parry 657 Bay Esplanade 10 10 0.35 28.57 17 N/A 3/2/2017 3/9/2018 3/9/2018 HDA2016-09001 10 Bay Esplanade 35 35 1.16 TBD 58 N/A TBD TBD TBD HDA2017-12002 300 Hamden Drive (Hotel A) and 316 Hamden Drive (Hotel B)174 5 1.10 4.55 47 11/17/2009 12/17/2009 Constructed 6/13/2015 DVA2009-00003 / FLD2009-08027 and DVA2009-00002 / FLD2009-08026 and FLD2019-11030 Wells Total Rooms Returned 134 HOTEL DENSITY RESERVE UNITS RETURNED TO THE RESERVE HOTEL DENSITY RESERVE PROJECTS - PENDING BCP2015-01211 issued 11/13/2015; Permit Status is completed. Please see line seven and eight, above for specifics of Hotel A and Hotel B. These two hotels were developed originally as two separate, albeit physically connected, buildings on two separate propreties. Subsequent to construction the two properties were joined together through a Unity of Title without City approval. Case FLD2019-11030, currently in review, seeks to rectify this as well as other issues. The two hotels were allocated a total of 174 units from the Reserve and a total ot 260 units were proposed. A total of 255 units were actually built. Each respective DVA includes a provision (Section 6.1.5) that provides that any unbuilt units be returned to the Reserve. withdrawn by applicant via email - 10-01-2018 (technically these units were never allocated but are listed here since a case number was created) FLD/FLS application not submitted as of 03-23-2018; does not count towards rooms allocated. Agreement terminated; removed from top two tables; does not count towards rooms allocated. FLD2015-06025 approved on 09-15-15; BCP2016-03372 - submitted 03-15-2016 / BCP2015-12534 - submitted 12/29/2015; both permits in void status. Current permit Notes Total rooms allocated is 79 which includes 76 units previously allocated and subsequently built; see DVA2009-00002 Notes FLD2013-08028 approved; time extension granted 02-09-2018; site plan expiration is 10- 22-2021; BCP not submitted as of 01-08-2020 FLD2020-05012 submitted but is incomplete as of 07-08-2020 BCP not submitted as of 04-15-0219 The original HDA (HDA2016-09001) expired and the 10 units were retunred to the Reserve. The same applicant has resubmitted their application at this address and is FLD2017-0712 approved; time extension granted 04-24-2019: site plan expiration is 04- 06-2022 BCP2019-040435 submitted 04-12-2019; status: revisions needed as 08-07- 2020 FLD2014-11031 approved; time extension granted 10-17-2019; site plan expiration is 10- 19-2022; BCP not submitted as of 01-08-2020 Total rooms allocated is 95 which includes 93 units previously allocated and subsequently built; see DVA2009-00003 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8399 Agenda Date: 11/2/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Planning & Development Agenda Number: 8.2 SUBJECT/RECOMMENDATION: Provide direction on the proposed Hotel Development Agreement between Key Clearwater, LLC (property owner) and the City of Clearwater, providing for the allocation of two units from the Hotel Density Reserve under Beach by Design and confirm a second public hearing in City Council Chambers before City Council on November 19, 2020 at 6:00 p.m., or as soon thereafter as may be heard. (HDA2020-04002; 309 Coronado Drive). Executive Summary The subject site (Parcel B; Residence Inn), along with Parcel A (SpringHill Suites) are both addressed as 309 Coronado. Parcel A is the more northerly parcel with frontage along Coronado and Hamden Drives and Third Street. Parcel B is the more southerly parcel and only has frontage along Coronado and Hamden Drives. Each parcel was subject to respective Development Agreements (DVAs), which allocated units to each parcel from the Hotel Density Reserve (Reserve), and site plans approved as part of Flexible Development (FLD) applications, which enabled construction of two separate hotels on two separate parcels with a shared parking garage spanning both properties. Please note that since the parcels were the subject of the noted Development Agreements, the process for allocating units from the Reserve was modified and such agreements are called Hotel Development Agreements (HDAs). For simplicity, any agreement whether a prior DVA or current HDA will be referred to as a Development Agreement or simply an Agreement. Each parcel requested and was granted a specific and separate allocation from the Reserve. Parcel A was allocated 95 units from the Reserve and Parcel B was allocated 79 units. A total of 174 units were allocated. Parcel A originally included a total of 142 units and Parcel B 118 units totaling 260 units. At the time of the original Development Agreement and FLD approvals (FLD2009-08026/DVA2009-00002 [Parcel A] and FLD2009-08027/DVA2009-00003 [Parcel B]), the overall project consisted of five separate parcels. These five parcels were required to be consolidated into two separate parcels (Parcel A and Parcel B). This was done in 2015. At some point between 2015 and 2020 (date uncertain) the Pinellas County Property Appraiser’s Office (PCPAO) combined the two parcels into one parcel. Combining the two properties was contrary to several applicable regulations of the Community Development Code (CDC) and Beach by Design. Specifically, CDC Section 4-406.7 prohibits the addition of property to a parcel previously approved as part of a Flexible Development application. In addition, Beach by Design Section V.B.2 provides that a “maximum of 100 hotel rooms may be allocated from the Page 1 City of Clearwater Printed on 10/28/2020 File Number: ID#20-8399 Reserve to any development with a lot size less than 2.5 acres.” As one lot, the parcel would be limited to no more than 100 units allocated from the Reserve. Parcel A received 95 units and Parcel B received 79 units for a total of 174 units between the two parcels. Combining the parcels instantly rendered the newly created parcel in violation of this component of Beach by Design. The only options are to return 74 units to the Reserve or split the parcel back into two parcels. In addition, Staff recently learned that a total of five units allocated from the Reserve to these hotel projects were not constructed (two from Parcel A and three from Parcel B), and notified the applicant on January 21, 2020 that pursuant to each approved Development Agreement as well as Beach by Design, any unconstructed units had to be returned to the Reserve. After the five units were returned to the Reserve, the hotel owners approached the Planning and Development Department about requesting the re-allocation of those five units back to Parcels A and B. The applicants desire to renovate interior space and add two units to the subject hotel (Parcel/Hotel B) and three units to the adjacent hotel (Parcel/Hotel A). Upon receipt of this request, as well as a related companion request regarding the adjacent hotel, three additional issues were found: ·The interior space of the two hotels was not constructed in exact alignment with the parcels as indicated in the approved site plans. This impacted the number of units on each parcel (and resulting density) and resulted in several rooms being bifurcated by the common dividing property line. ·There are minor discrepancies between the number of rooms approved per the Agreement and associated site plans, and the number of rooms constructed. ·There is a minor discrepancy between the number of approved (302) and built (299) parking spaces. The primary purpose of this (and the companion) application is twofold: 1.To re-establish two parcels and locate a common/internal property line so that each parcel contains a density consistent with Beach by Design without bifurcating any hotel rooms; and 2.To reallocate three units from the Reserve to this hotel (Parcel/Hotel A) and two units to the adjacent companion hotel (Parcel/Hotel B), for a total of five units between Parcels A and B. Page 2 City of Clearwater Printed on 10/28/2020 PLANNING & DEVELOPMENT DEPARTMENT Staff Report for Hotel Development Agreement CASE: HDA2020-04002 RESOLUTION NO.: 20-40 REQUEST: Provide direction on the proposed Hotel Development Agreement between Key Clearwater, LLC (the property owner) and the City of Clearwater, providing for the allocation of three units from the Hotel Density Reserve under Beach by Design and confirm a second public hearing in City Council Chambers before City Council on November 19, 2020 at 6:00 p.m., or as soon thereafter as may be heard. (HDA2020-04002; 309 Coronado Drive). Site History: The overall site has been developed with two hotels (Parcel/Hotel A and Parcel/Hotel B) with a current combined total of 255 units. There are existing discrepancies between approved and built conditions vis-à-vis the number of units related to the two hotels. Because the two projects are related and share structured parking integral to their operations, all the provided tables, below, will include data for both parcels for consistency and clarity. The two projects were allocated a total of 174 units from the Reserve (included in the above noted 260 total approved units) although only 169 were constructed. Table 1, below summarizes these conditions: Planning & Development Department Level III Hotel Development Agreement Application Review Development Review Division HDA2020-04002 – Page 2 Table 1 Item Parcel A1 SpringHill Suites Parcel B2 Residence Inn Total Approved (per FLD/DVA) 142 118 260 Built (constructed) 138 117 255 Allocated 95 79 174 Used 93 76 169 Diff: Allocated vs. Used 2 3 5 1. FLD2009-08026 & DVA2009-00002: Original addresses 300 and 316 Hamden Drive and 301, 305, 309 and 315 Coronado Drive; original parcels 08-29-15-17604-000-0010, 08-29-15-17586-001-0010, 08-29-15- 17586-001-0040 and a portion of 08-29-15-17604-000-0020; three subsequent minor revisions (FLD2009- 08026A). 2. FLD2009-08027 & DVA2009-00003: Original addresses 316, 326 and 330 Hamden Drive; original parcels 08-29-15-17604-000-0030 and a portion of 08-29-15-17604-000-0020; three subsequent minor revisions (FLD2009-08027A). The two hotels include typical associated accessory uses and will include a non-accessory marina facility recently approved, as part of applications FLD2009-08026A (Hotel A) and FLD2009- 08027A (Hotel B), on September 15, 2020 by the Community Development Board (CDB). The two projects also included approved commercial space (non-accessory) summarized in Table 2, below: Table 2 Item Parcel A1 (SpringHill Suites) (SF) Parcel B2 (Residence Inn) (SF) Restaurant 2,750 0 Retail 3,900 1,335 Subtotal 6,650 1,335 Total 7,985 1. FLD2009-08026 & DVA2009-00002 2. FLD2009-08027 & DVA2009-00003 As noted, the two developments share a common 299-space parking garage which was originally approved with 302 spaces. Except for the construction of five less hotel units and three less parking spaces, the two projects have been developed consistent with the two previously approved Flexible Development and two related Development Agreement applications. Both projects are considered built and vested, and both Agreements allocating units from the Hotel Planning & Development Department Level III Hotel Development Agreement Application Review Development Review Division HDA2020-04002 – Page 3 Density Reserve under Beach by Design expired in accordance with Section 5.3 of the Agreements on December 17, 2019. In July, 2020 the applicant submitted two new Flexible Development applications to amend FLD2009-08026/FLD2009-08026A (Parcel/Hotel A) and FLD2009-08027/FLD2009-08027A (Parcel/Hotel B) in anticipation of approval of this (and the companion) Hotel Development Agreement request. To date, the new applications have been reviewed by the Development Review Committee (DRC) on October 1, 2020, and the details of the FLD amendment request are completely consistent with the details of this Hotel Development Agreement request (detailed below). These applications are tentatively scheduled for review by the CDB in December. Development Proposal: The proposal is as follows (also summarized in Table 3, below): • Maintain the exterior and the bulk of the interior of the existing building; • Incorporate two additional hotel units from the Reserve within the existing building footprint of Hotel B; • Recreate two separate lots with two separate parcel identification numbers with Parcel A consisting of 0.979 acres and Parcel B of 0.946 acres. The proposed common property line will not exactly follow the originally approved path and the parcel sizes will change slightly to avoid splitting individual hotel units between the two parcels since hotel units must be completely contained on one parcel or the other. This results in a shifting of land area from the original Parcel A to Parcel B, as detailed in Table 3; • Decrease the overall amount of non-accessory commercial area on Parcel B to zero square feet. • No other changes to the site or building are proposed. • This Agreement (HDA2020-04002) is specific ONLY to Parcel B. Table 3, below, summarizes the proposed changes in permitted and allocated units, acreage, and non-accessory commercial area (as approved and as proposed): Planning & Development Department Level III Hotel Development Agreement Application Review Development Review Division HDA2020-04002 – Page 4 Table 3 Item Parcel A (SpringHill Suites) Parcel B (Residence Inn) Total Approved Proposed Approved Proposed Approved Proposed Difference Acres 1.106 0.979 0.821 0.946 1.927 1.927 0.0000 Allocated Units 95 79 79 95 174 174 0 Net Base Permitted Units at 50 upa1 47 39 39 47 86 86 0 Total Units 142 118 118 142 260 260 0 Non- accessory Commercial Area1 6,650 7,232 1,335 0 7,985 7,232 -753 Accessory Commercial Area over 10% GFA1 -- 1,167.40 -- 0 -- 1,167.40 -- Final Net Density (upa) 1 150 150 150 150 -- -- -- 1.The permitted Floor Area Ratio (FAR) for the subject site is 1.0. The means that one square foot of land is needed to support one square foot of non-accessory commercial area. The proposal includes 7,232 square feet of non-accessory commercial area as well as 8,793 square feet of accessory area within Hotel A. The CDC requires that any amount of accessory floor area beyond 10 percent of the gross floor area (GFA) counts towards the otherwise permitted intensity of use of the site. The amount of accessory floor area equates to 11.53 percent of the GFA of Hotel A. The amount over 10 percent of the GFA of Hotel A is 1,167.40 square feet. That figure plus the 7,232 square feet of non-accessory commercial area totals 8,399.40 square feet (0.1928 acres). This area has been subtracted from the total proposed land area of Parcel A of 0.979 acres yielding 0.786 acres. It is this figure (0.786 acres) which has been multiplied against the otherwise permitted number of hotel units (50 units per acre) and has also been used to determine the actual proposed final density. Note that Parcel B will include zero square feet of non-accessory floor area and little to no accessory floor area therefore the density calculations for this parcel require no land area subtractions. Planning & Development Department Level III Hotel Development Agreement Application Review Development Review Division HDA2020-04002 – Page 5 Consistency with the Community Development Code (CDC): Minimum Lot Area and Width: Pursuant to CDC Table 2-803, the minimum required lot area and width for overnight accommodations is between 10,000 and 20,000 square feet and between 100 and 150 feet, respectively. The minimum required lot area and width for Marinas and Marina Facilities is 5,000 square feet and 50 feet, respectively. The subject property (Parcel B) is proposed to be 41,249 square feet in area and between approximately 245 feet wide. The proposal is consistent with these Code provisions. Minimum Setbacks: Pursuant to CDC Table 2-803, the minimum required setbacks (front and side) may all be reduced to zero feet. The Small Motel District of Beach by Design provides for specific side setbacks which supersede those provided by the CDC of a minimum of 10 feet. No changes are proposed which would affect any side setback. The addition of approximately 2,000 square feet of patio/deck area will require a reduction in the front setback along the west and north as part a review and approval of a Flexible Development application by the CDB. Maximum Height: Pursuant to CDC Table 2-803, the maximum permitted height for overnight accommodations is 100 feet. Hotel A was approved and built at a maximum height of 74.33 feet (from BFE to flat roof) and 82 feet (to top of architectural embellishments). Hotel B was approved and built at a maximum height of 84 feet (from BFE to flat roof) and 99.5 feet (to top of architectural embellishments). No changes to the building heights are proposed. The proposal is consistent with these prior approvals, Code provisions and the applicable portions of Beach by Design. Minimum Off-Street Parking: As noted, two Development Agreements were approved in conjunction with the existing hotels (Hotels A and B). Each agreement contained a provision (Section 4.2) specifying the minimum number of parking spaces. Between the two Agreements (and approved Flexible Development applications) a total of 302 parking spaces were required serving 260 approved hotel units (1.161 spaces per unit), which is less than the 1.2 spaces per unit otherwise required by CDC Section 2- 802 and 803. The Agreements also specified a total of 7,985 square feet of retail and restaurant space with no additional required parking. As previously noted, only 299 parking spaces and 255 hotel units were constructed. As a matter of comparison, the CDC-compliant compliment of parking for the proposed project (inclusive of 260 rooms, 7,232 square feet of non-accessory commercial area, and the recently approved 20-slip marina facility) would be between 373 and 409 spaces. This is based on certain assumptions, including that 100 percent of the non-accessory commercial space will be occupied Planning & Development Department Level III Hotel Development Agreement Application Review Development Review Division HDA2020-04002 – Page 6 by restaurant(s), for which there is a range for parking depending on various factors, which results in the most conservative parking requirement. The applicant has included a parking demand study, based on actual usage at the site, which demonstrates that an average of 175 spaces of the 299 provided spaces are available (unused) as shown in Table 4, below. It is important to note that the parking demand study was conducted pre-pandemic in November of 2019 and considers both Parcels A and B, includes the allocation of five additional hotel units as well as the approved 20-slip Marina Facility. In summary, City staff has accepted the submitted parking demand study which demonstrates that the existing parking garage will accommodate not only the existing hotel rooms and the non-accessory commercial space but also the proposed 20-slip Marina Facility. Final site plan approval will require the review and approval of a Flexible Development application by the CDB. Table 4 Spaces Friday Saturday Range Range Available Spaces 204 179 176 138 Average Available Spaces 192 157 Total Average Available Spaces 175 Landscaping: While a formal landscape plan is not required to be submitted for review at this time, the existing landscape areas will be slightly reduced with the inclusion of additional outdoor dining and seating areas. The conceptual landscape areas depicted on the site plan show that adequate spaces for foundation landscaping will be provided along all street frontages. Since no perimeter landscape buffers are required in the Tourist (T) District, the proposed landscape areas meet or exceed what is required. Consistency with Beach by Design: Design Guidelines: A review of the provided conceptual site plans was conducted and the proposal includes no changes to the building exterior. The building was constructed consistent with the previously approved Development Agreement and Flexible Development applications and is and will continue to be consistent with the applicable Design Guidelines established in Beach by Design. Hotel Density Reserve: The project has been reviewed for compliance with those criteria established within Beach by Design concerning the allocation of hotel rooms from the Reserve. The project appears to be generally consistent with those criteria, including that the development complies with the Planning & Development Department Level III Hotel Development Agreement Application Review Development Review Division HDA2020-04002 – Page 7 Metropolitan Planning Organization’s (MPO) countywide approach to the application of traffic concurrency management for transportation facilities. The submitted Traffic Impact Study concludes that traffic operations at nearby intersections and on adjacent roadways would continue at acceptable levels of service. Standards for Development Agreements: The proposal is in compliance with the standards for Development Agreements, is consistent with the Comprehensive Plan and furthers the vision of beach redevelopment set forth in Beach by Design. The proposed Hotel Development Agreement will be in effect for a period not to exceed ten years, meets the criteria for the allocation of rooms from the Hotel Density Reserve under Beach by Design and includes the following main provisions: • Provides for the allocation of two units from the Hotel Density Reserve; • Sets the permitted amount of non-accessory commercial area to zero square feet; • Requires a division of lot of record to be filed with the Pinellas County Property Appraiser and the City; • Requires the filing of a series of deed restrictions specific to amplified music, use of the non- accessory commercial area, operations of the proposed Marina Facility/Commercial Dock and the use of the parking garage; • Requires the developer to obtain building permits and certificates of occupancy in accordance with Community Development Code (CDC) Section 4-407; • Requires the return of any hotel unit obtained from the Hotel Density Reserve that is not constructed; • Prohibits the conversion of any hotel unit allocated from the Hotel Density Reserve to a residential use and requires the recording of a covenant restricting use of such hotel units to overnight accommodation usage; • Provides evidence that the development complies with the Metropolitan Planning Organization’s (MPO) countywide approach to the application of concurrency management for transportation facilities, and includes a transportation analysis conducted for the development; • Provides that all units in a hotel receiving units from the Reserve shall be made available to the public as overnight transient hotel guests at all times through the required hotel reservation system; • Provides that no hotel room in a hotel allocated units from the Reserve will have a full kitchen; • Provides that a reservation system shall be required as an integral part of the hotel use and there shall be a lobby/front desk area that must be operated as a typical lobby/front desk area for a hotel would be operated; and Planning & Development Department Level III Hotel Development Agreement Application Review Development Review Division HDA2020-04002 – Page 8 • Requires a legally enforceable mandatory evacuation/closure covenant that the hotel will be closed as soon as practicable after a hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center. Changes to Development Agreements: Pursuant to Section 4-606.I., CDC, a Development Agreement may be amended by mutual consent of the parties, provided the notice and public hearing requirements of Section 4-206 are followed. Revisions to conceptual site plans and/or architectural elevations attached as exhibits to this Hotel Development Agreement shall be governed by the provisions of Section 4-406, CDC. Minor revisions to such plans may be approved by the Community Development Coordinator. Other revisions not specified as minor shall require an amendment to this Development Agreement. HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENT HOTEL B/RESIDENCE INN HOTEL THIS HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENT ("Agreement") is dated the day of ____________, 2020, and entered into between Key Clearwater, LLC, a Florida limited liability company (“Developer"), its successors and assigns, and the CITY OF CLEARWATER, FLORIDA, a municipal corporation of the State of Florida acting through its City Council, the governing body thereof ("City"). RECITALS: WHEREAS, one of the major elements of the City's revitalization effort is a special area plan for the revitalization of Clearwater Beach adopted under the provisions of the Florida Growth Management Act, Florida Statutes Chapter 163, Part II, and entitled Beach by Design; and WHEREAS, Florida Statutes Sections 163.3220 - 163.3243, the Florida Local Government Development Agreement Act ("Act"), authorize the City to enter into binding development agreements with persons having a legal or equitable interest in real property located within the corporate limits of the City; and WHEREAS, under Section 163.3223 of the Act, the City has adopted Section 4-606 of the City of Clearwater Community Development Code ("Code"), establishing procedures and requirements to consider and enter into development agreements; and WHEREAS, Beach by Design proposed the development of hotel units to equalize development opportunities on the beach and ensure Clearwater Beach remains a quality, family resort community, and further provided for a limited pool of additional hotel units ("Hotel Density Reserve") to be made available for such mid-sized hotel projects; and WHEREAS, the Developer owns 1.927 acres of real property which is legally subdivided into two hotels pursuant to that Minor Lot Adjustment as recorded in the public records of Pinellas County at Official Records Book 18985 Page 2354 providing for and memorializing the lot lines for “Hotel A” and “Hotel B” in the corporate limits of the City; and WHEREAS, the Property subject to this Agreement is described as “Hotel B” consisting of 0.9469 acres and more particularly described on Exhibit "A" attached hereto and incorporated herein; and WHEREAS, On January 16, 2007, the Community Development Board (CDB) approved Case No FLD2006-10054 to permit a commercial dock in conjunction with existing hotels/motels at 300, 316 and 326 Hamden Drive for 20 slips. Although this project had been constructed and is considered vested the structure has been removed; and WHEREAS, on November 17, 2009, the CDB approved Case No. FLD2009-08026 to permit a 142-room overnight accommodation use, 3,900 square feet of retail sales floor area and 2,750 square feet of restaurant floor area in the Tourist (T) District; and WHEREAS, on November 17, 2009, the CDB approved Case No. FLD2009-08027 to permit a 118-unit overnight accommodation use and 1,335 square feet of retail sales floor area in the Tourist (T) District; and WHEREAS, on November 17, 2009, the CDB approved Case No. FLD2009-09036 to permit a commercial dock in conjunction with the non-constructed hotels at 300 and 316 Hamden Drive for 18 slips; and WHEREAS, on December 17, 2009, the City Council approved the allocation of up to 95 units from the Hotel Density Reserve under Beach by Design (Case No. DVA2009- 00002) and adopted a resolution to the same effect (Res. No. 09-38). This Development Agreement expired in accordance with Section 5.3 of the Development Agreement on December 17, 2019; and WHEREAS, on December 17, 2009, the City Council approved the allocation of up to 79 units from the Hotel Density Reserve under Beach by Design (Case No. DVA2009- 00003) and adopted a resolution to the same effect (Res. No. 09-39). This Development Agreement expired in accordance with Section 5.3 of the Development Agreement on December 17, 2019; and WHEREAS, prior to the expiration of DVA2009-00002 and DVA2009-0003, Developer’s predecessor in interest timely constructed the proposed Project which is open and operating for business; and WHEREAS, a condition of the approval and construction of the existing hotels was the recording of that certain Affidavit and approval of a Minor Lot Adjustment as recorded in the public records of Pinellas County at OR Book 18985 Page 2354 providing for and memorializing the lot lines for “Hotel A” and “Hotel B” as stated therein; WHEREAS, at the time of approval in November 2009, Hotel A was approved for 142 units on 1.106 acres, with 6,650 square feet of non-accessory commercial space, and Hotel B was approved for 118 units on 0.82 acres, with 1,335 square feet of non-accessory commercial space; and WHEREAS, the approvals cited above provided for a total of 260 units and only 140 units were constructed in Hotel B and 115 units in Hotel B for a total of 255 units; and WHEREAS, the as-built conditions of Hotel A and Hotel B varied from the as- approved unit counts, acreage, and commercial space, in that Hotel A was built with 115 units on 0.9795 acres, with 7,232 square feet of non-accessory commercial space, and Hotel B was built with 140 units on 0.9469 acres, with 0 square feet of non-accessory commercial space; and WHEREAS, the proposed lot lines of Hotel A and Hotel B have been adjusted to reflect the as-built conditions; and WHEREAS, the Developer desires to renovate certain interior spaces of Hotel B to increase the number of rooms to 142 overnight accommodation units, by adding two units as previously allocated from the Hotel Density Reserve but not constructed; and WHEREAS, upon completion, Hotel B will contain 142 overnight accommodation units, which includes 95 units from the Hotel Density (“Reserve Units”); and WHEREAS, the City has conducted such public hearings as are required by and in accordance with Florida Statutes Section 163.3225, Code Sections 4-206 and 4-606, and any other applicable law; and WHEREAS, the City has determined that, as of the date of this Agreement, the proposed project is consistent with the City's Comprehensive Plan and Land Development Regulations; and WHEREAS, at a duly noticed and convened public meeting on _________, the City Council approved this Agreement and authorized and directed its execution by the appropriate officials of the City; and WHEREAS, approval of this Agreement is in the interests of the City in furtherance of the City's goals of enhancing the viability of the resort community and in furtherance of the objectives of Beach by Design; and WHEREAS, Developer has approved this Agreement and has duly authorized certain individuals to execute this Agreement on Developer's behalf. STATEMENT OF AGREEMENT In consideration of and in reliance upon the premises, the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto intending to be legally bound and in accordance with the Act and Code, agree as follows: SECTION 1. Recitals. The above recitals are true and correct and are a part of this Agreement. SECTION 2. Incorporation of the Act. This Agreement is entered into in compliance with and under the authority of the Code and the Act, the terms of which as of the date of this Agreement are incorporated herein by this reference and made a part of this Agreement. Words used in this Agreement without definition that are defined in the Act shall have the same meaning in this Agreement as in the Act. SECTION 3. Property Subject to this Agreement. The Property described in Exhibit "A" is subject to this Agreement ("Property"). 3.1 The Property currently has a land use designation of Resort Facilities High (RFH) and is zoned Tourist (T) District. 3.2. The Property is owned in fee simple or under contract to be owned in fee simple by the Developer. 3.3 The Property is generally located at 309 Coronado Drive as further described in Exhibit “A”. SECTION 4. Scope of Project. 4.1 The Project shall consist of 142 overnight accommodation units. Of the 142 overnight accommodation units, 95 total units shall be from the Hotel Density Reserve; 93 of such Reserve Units were previously constructed and are existing. 4.2 The Project combined of Hotel A and Hotel B shall include a minimum of 299 parking spaces, as defined in the Code. 4.3 The design of the Project, as constructed pursuant to the above-referenced approvals, is consistent with Beach by Design. 4.4 The density of the Project shall be 149.96 units per acre based on the portion of the site necessary to support the number of provided hotel rooms and as delineated by the lot line adjustment referenced in Section 6.1.3.3. In no instance shall the density of a parcel of land exceed 150 units per acre based on the portion of the site necessary to support the number of provided hotel rooms. The height of the Project shall be 84.0 feet measured from Base Flood Elevation to roof slab, as defined in the Code and as constructed. The maximum building heights of the various character districts cannot be increased to accommodate hotel rooms allocated from the Hotel Density Reserve. 4.5 The Project shall include zero square feet of non-accessory commercial space within the building (Hotel B). SECTION 5. Effective Date/Duration of this Agreement. 5.1 This Agreement shall not be effective until this Agreement is properly recorded in the public records of Pinellas County, Florida pursuant to Florida Statutes Section 163.3239 and Code Section 4-606. 5.2 Within fourteen (14) days after the City approves the execution of this Agreement, the City shall record the Agreement with the Clerk of the Circuit Court for Pinellas County. The Developer shall pay the cost of such recording. The City shall submit to the Department of Economic Opportunity a copy of the recorded Agreement within fourteen (14) days after the Agreement is recorded. 5.3 This Agreement shall continue in effect for ten (10) years unless earlier terminated as set forth herein. SECTION 6. Obligations under this Agreement. 6.1 Obligations of the Developer: 6.1.1 The obligations under this Agreement shall be binding upon and the benefits of this Agreement shall inure to the Developer, its successors in interests or assigns. 6.1.2 At the time of development of the Property, the Developer will submit such applications and documentation as are required by law and shall comply with the Code applicable at the time of building permit review. 6.1.3 The following restrictions shall apply to development of the Property: 6.1.3.1 To retain the grant of Reserve Units provided for herein, the Property and improvements located thereon shall be incorporated into the existing development as may be amended from time to time. 6.1.3.2 The Developer shall obtain appropriate building plan approval or site plan approval pursuant to a Level One or Level Two development application within one (1) year from the effective date of this Agreement in accordance with the provisions of the Code, and shall then obtain appropriate permits and certificates of occupancy in accordance with the provisions of the Code. Nothing herein shall restrict Developer from seeking an extension of site plan approval or other development orders pursuant to the Code or state law. In the event that work is not commenced pursuant to issued permits, or certificates of occupancy are not timely issued, the City may deny future development approvals and/or certificates of occupancy for the Project, and may terminate this Agreement in accordance with Section 10. 6.1.3.3 The Developer agrees that Parcel B as originally described in a Declaration of Unity of Title signed, sealed and witnessed on October 28, 2015 (Exhibit “D”) is recreated through a new Declaration of Unity of Title with the Clerk of the Court and a Parcel Combination Request form with the Pinellas County Property Appraiser prior to the issuance of any further permits for any construction. 6.1.3.4 The Developer shall submit a lot line adjustment request to the Pinellas County Property Appraiser subsequent to a review and approval by the City as part of a Level II Flexible Development application, to reflect the lot lines as shown in Exhibit “B” to this Agreement. 6.1.3.5 The City has received and maintains on file the required evacuation plan as a condition of the Certificate of Occupancy previously issued for the construction of the Property. 6.1.4 Covenant of Unified Use. The Property is encumbered by a Covenant of Unified Use pursuant to the Development Agreement recorded at OR Book _____, Page ___ of the public records of Pinellas County. 6.1.5 Return of Units to Reserve Pool. Any Reserve Units granted to Developer not timely constructed in conjunction with the Project shall be returned to the Hotel Density Reserve and be unavailable to Developer for use on the Project. 6.1.6 Transient Use. A reservation system shall be required as an integral part of the hotel use and there shall be a lobby/front desk area that must be operated as a typical lobby/front desk area for a hotel would be operated. Access to overnight accommodation units must be provided through a lobby and internal corridor. All units in the hotel shall be made available to the public as overnight transient hotel guests at all times through the required hotel reservation system. Occupancy in the hotel is limited to a term of less than one (1) month or thirty-one (31) consecutive days, whichever is less. Units in the hotel shall not be used as a primary or permanent residence. 6.1.7 No Full Kitchens. No unit shall have a complete kitchen facility as that term is used in the definition of “dwelling unit” in the Code. 6.1.8 Inspection of Records. Developer shall make available for inspection to authorized representatives of the City its books and records pertaining to each Hotel Density Reserve unit upon reasonable notice to confirm compliance with these regulations as allowed by general law. 6.1.9 Compliance with Design Guidelines. The Developer agrees to comply with the Design Guidelines as set forth in Section VII. of Beach by Design. 6.1.10 Limitation on Amplified Music. Developer agrees that there shall be no outdoor amplified music at the Project after 11:00 p.m. on Sunday through Thursday, or after 12:00 midnight on Friday and Saturday. 6.1.11 Limitation on Marina Facility. 6.1.11.1 The Developer agrees that activities such as servicing, fueling, pumping-out (with the exception of portable pump out facilities), commercial chartering and/or and dry-storage of boats and boating equipment is strictly prohibited. 6.1.11.2 The Developer agrees that the number of conveyable marina slips shall be limited to no more than a total of 20 as shared between Parcels/Hotels A and B. The City acknowledges that any additional marina slips for the sole use of the hotel and its guests may be added as permitted by local and state authorities without the need for additional parking. The Developer may increase the number of conveyable marina slips only if the Developer increases the number or parking spaces to meet compliance with the Community Development Code. 6.1.11.3 The Developer agrees that any conveyable marina slips shall be limited to sale and/or lease to privately-owned boats rather than commercial vessels for hire. 6.1.11.4 The Developer agrees that use and rental of any Personal Watercraft located on, tied to or launched from the associated Commercial Dock/Marina Facility as may be approved as part of a Flexible Development application limited to owners, guests, invitees of marina or hotel guests; 6.1.11.5 The Developer agrees that no commercial signage except for any signage as may otherwise be required by City, County, State and/or Federal regulations be posted on the Commercial Dock/Marina Facility. 6.1.12 Availability of Parking Spaces. The Developer agrees that none of the on-site parking spaces will be available for sale or lease to the general public and that all parking spaces on the site will be for the sole use of hotel staff and/or guests and/or patrons of the 20-slip commercial dock/marina facility. 6.1.13 The Developer agrees that a deed restriction outlining Sections 6.1.10 through 6.1.12 shall be submitted to and approved by Staff prior to the issuance of any permits. 6.2 Obligations of the City. 6.2.1 The City shall promptly process site and construction plan applications for the Property that are consistent with the Comprehensive Plan and the Concept Plan and that meet the requirements of the Code. 6.2.2 The final effectiveness of the applications referenced in Section 6.2.1 is subject to: 6.2.2.1 The provisions of Chapters 163 and 166, Florida Statutes, as they may govern such amendments; and 6.2.2.2 The expiration of any appeal periods or, if an appeal is filed, at the conclusion of such appeal. 6.2.3 Upon adoption of this Agreement, the Project shall receive two (2) units from the Hotel Density Reserve as defined in Beach by Design, contingent upon the provisions of Section 6.1.5. SECTION 7. Public Facilities to Service Development. The following public facilities are presently available to the Property from the sources indicated below. Development of the Property will be governed by the concurrency ordinance provisions applicable at the time of development approval. The requirements for concurrency as set forth in Article 4, Division 9, of the Code, have been satisfied. 7.1 Potable water is available from the City. The Developer shall be responsible for all necessary main extensions and applicable connection fees. 7.2 Sewer service is currently provided by the City. The Developer shall be responsible for all necessary main extensions and applicable connection fees. 7.3 Fire protection from the City. 7.4 Drainage facilities for the Property will be provided by the Developer at the Developer's sole expense. 7.5 The Project shall comply with the Metropolitan Planning Organization’s [MPO] or its successor’s countywide approach to the application of concurrency management for transportation facilities, and the transportation analysis conducted for the Project shall include the following: • Recognition of standard data sources as established by the MPO; • Identification of level of service (LOS) standards for state and county roads as established by the MPO; • Utilization of proportional fair-share requirements consistent with Florida Statutes and the MPO model ordinance; • Utilization of the MPO Traffic Impact Study Methodology; and • Recognition of the MPO designation of “Constrained Facilities” as set forth in the most current MPO Annual Level of Service Report. 7.6 All improvements associated with the public facilities identified in Subsections 7.1 through 7.5 shall be completed prior to the issuance of any certificate of occupancy. 7.7 Developer agrees to provide a cashier’s check, a payment and performance bond, or letter of credit in the amount of 115% of the estimated costs of the public facilities and services, to be deposited with the City to secure construction of any new public facilities and services required to be constructed by this Agreement. Such construction shall be completed prior to issuance of a Certificate of Occupancy for the Project. SECTION 8. Required Local Government Approvals. The required local government development approvals for development of the Property include, without limitation, the following: 8.1 Site plan approval(s) and associated utility licenses, access, and right-of-way utilization permits; 8.2 Construction plan approval(s); 8.3 Building permit(s); 8.4 Certificate(s) of occupancy; and SECTION 9. Finding of Consistency. The City finds that development of the Property is consistent with the terms this Agreement is consistent with the City Comprehensive Plan and the Code. SECTION 10. Termination. If the Developer's obligations set forth in this Agreement are not followed in a timely manner, as reasonably determined by the City Manager, after notice to the Developer and an opportunity to be heard, existing permits shall be administratively suspended and issuance of new permits suspended until the Developer has fulfilled its obligations. Failure to timely fulfill its obligations may serve as a basis for termination of this Agreement by the City, at the discretion of the City and after notice to the Developer and an opportunity for the Developer to be heard. SECTION 11. Other Terms and Conditions. Except in the case of termination, until ten (10) years after the date of this Agreement, the City may apply laws and policies adopted subsequently to the Effective Date of this Agreement if the City has held a public hearing and determined: (a)They are not in conflict with the laws and policies governing the Agreement and do not prevent development of the land uses, intensities, or densities in the Agreement; (b)They are essential to the public health, safety, or welfare, and expressly state that they shall apply to a development that is subject to a development agreement; (c)They are specifically anticipated and provided for in this Agreement; (d)The City demonstrates that substantial changes have occurred in pertinent conditions existing at the time of approval of this Agreement; or (e)This Agreement is based on substantially inaccurate information provided by the Developer SECTION 12. Compliance with Law. The failure of this Agreement to address any particular permit, condition, term or restriction shall not relieve the Developer from the necessity of complying with the law governing such permitting requirements, conditions, terms or restrictions. SECTION 13. Notices. Notices and communications required or desired to be given under this Agreement shall be given to the parties by hand delivery, by nationally recognized overnight courier service such as Federal Express, or by certified mail, return receipt requested, addressed as follows (copies as provided below shall be required for proper notice to be given): If to the Developer: Key Clearwater, LLC 848 Brickell Avenue Suite 1100 Miami, FL 33131 With Copy to: Katherine E. Cole, Esq. Hill Ward Henderson 600 Cleveland Street Suite 800 Clearwater, FL 33755 If to City: City of Clearwater Attn: City Manager 600 Cleveland Street Suite 600 Clearwater, FL 33755 Properly addressed, postage prepaid, notices or communications shall be deemed delivered and received on the day of hand delivery, the next business day after deposit with an overnight courier service for next day delivery, or on the third (3rd) day following deposit in the United States mail, certified mail, return receipt requested. The parties may change the addresses set forth above (including the addition of a mortgagee to receive copies of all notices), by notice in accordance with this Section. SECTION 14. Assignments. 14.1 By the Developer: 14.1.1 Prior to the Commencement Date, the Developer may sell, convey, assign or otherwise dispose of any or all of its right, title, interest and obligations in and to the Project, or any part thereof, only with the prior written notice to the City, provided that such party (hereinafter referred to as the "assignee"), to the extent of the sale, conveyance, assignment or other disposition by the Developer to the assignee, shall be bound by the terms of this Agreement the same as the Developer for such part of the Project as is subject to such sale, conveyance, assignment or other disposition. 14.1.2 If the assignee of the Developer's right, title, interest and obligations in and to the Project, or any part thereof assumes all of the Developer's obligations hereunder for the Project, or that part subject to such sale, conveyance, assignment or other disposition, then the Developer shall be released from all such obligations hereunder which have been so assumed by the assignee, and the City agrees to execute an instrument evidencing such release, which shall be in recordable form. 14.1.3 An assignment of the Project, or any part thereof, by the Developer to any corporation, limited partnership, limited liability company, general partnership, or joint venture, in which the Developer (or an entity under common control with Developer) has either the controlling interest or through a joint venture or other arrangement shares equal management rights and maintains such controlling interest or equal management rights shall not be deemed an assignment or transfer subject to any restriction on or approvals of assignments or transfers imposed by this Agreement, provided, however, that notice of such assignment shall be given by the Developer to the City not less than thirty (30) days prior to such assignment being effective and the assignee shall be bound by the terms of this Agreement to the same extent as would the Developer in the absence of such assignment. 14.1.4 No assignee, purchaser, sublessee or acquirer of all or any part of the Developer's rights and obligations with respect to any one Parcel shall in any way be obligated or responsible for any of the Developer's obligations with respect to any other Parcel by virtue of this Agreement unless and until such assignee, purchaser, sublessee or acquire has expressly assumed the Developer's such other obligations. 14.2 Successors and Assigns. The terms herein contained shall bind and inure to the benefit of the City, and its successors and assigns, and the Developer and, as applicable to the parties comprising Developer, their personal representatives, trustees, heirs, successors and assigns, except as may otherwise be specifically provided herein. SECTION 15. Minor Non-Compliance. The Developer will not be deemed to have failed to comply with the terms of this Agreement in the event such noncompliance, in the judgment of the City Manager, reasonably exercised, is of a minor or inconsequential nature. SECTION 16. Covenant of Cooperation. The parties shall cooperate with and deal with each other in good faith and assist each other in the performance of the provisions of this Agreement and in achieving the completion of development of the Property. SECTION 17. Approvals. Whenever an approval or consent is required under or contemplated by this Agreement such approval or consent shall not be unreasonably withheld, delayed or conditioned. All such approvals and consents shall be requested and granted in writing. SECTION 18. Completion of Agreement. Upon the completion of performance of this Agreement or its revocation or termination, a statement evidencing such completion, revocation or termination shall be signed by the parties hereto and recorded in the official records of the City. SECTION 19. Entire Agreement. This Agreement (including any and all Exhibits attached hereto all of which are a part of this Agreement to the same extent as if such Exhibits were set forth in full in the body of this Agreement), constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof. SECTION 20. Construction. The titles, captions and section numbers in this Agreement are inserted for convenient reference only and do not define or limit the scope or intent and should not be used in the interpretation of any section, subsection or provision of this Agreement. Whenever the context requires or permits, the singular shall include the plural, and plural shall include the singular and any reference in this Agreement to the Developer includes the Developer's successors or assigns. This Agreement was the production of negotiations between representatives for the City and the Developer and the language of the Agreement should be given its plain and ordinary meaning and should not be strictly construed against any party hereto based upon draftsmanship. If any term or provision of this Agreement is susceptible to more than one interpretation, one or more of which render it valid and enforceable, and one or more of which would render it invalid or unenforceable, such term or provision shall be construed in a manner that would render it valid and enforceable. SECTION 21. Partial Invalidity. If any term or provision of this Agreement or the application thereof to any person or circumstance is declared invalid or unenforceable, the remainder of this Agreement, including any valid portion of the invalid term or provision and the application of such invalid term or provision to circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and shall with the remainder of this Agreement continue unmodified and in full force and effect. Notwithstanding the foregoing, if such responsibilities of any party hereto, to the extent that the purpose of this Agreement or the benefits sought to be received hereunder are frustrated, such party shall have the right to terminate this Agreement upon fifteen (15) days written notice to the other parties. SECTION 22. Code Amendments. Subsequently adopted ordinances and codes of the City which are of general application not governing the development of land shall be applicable to the Property, and such modifications are specifically anticipated in this Agreement. SECTION 23. Governing Law. This Agreement shall be governed by, and construed in accordance with the laws of the State of Florida. SECTION 24. Counterparts. This Agreement may be executed in counterparts, all of which together shall continue one and the same instrument. SECTION 25. Amendment. This Agreement may be amended by mutual written consent of the City and the Developer so long as the amendment meets the requirements of the Act, applicable City ordinances, and Florida law. [Signatures begin on following page] IN WITNESS WHEREOF, the parties have hereto executed this Agreement the date and year first above written. In the Presence of: KEY CLEARWATER, LLC, a Florida limited liability company By: KEY INTERNATIONAL, INC, a Florida corporation, its sole member ______________________________ By:________________________________ Print Name_____________________ Print Name : ________________________ Its: ________________________________ ______________________________ Print Name_____________________ As to Developer STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me by means of [ ] physical presence or [ ] online notarization, this _____ day of ____________, 2020, by _____________________, as ____________ of Key International, Inc., a Florida corporation, as the sole member of Key Clearwater, LLC, a Florida limited liability company, on behalf of the company, who is [ ] personally known to me or has [ ] produced __________________________________________ as identification. __________________________________ Notary Public Print Name:_________________________ My Commission Expires: CITY OF CLEARWATER, FLORIDA By: William B. Horne II City Manager Attest: __________________________________ Rosemarie Call, City Clerk Countersigned: __________________________________ Frank Hibbard, Mayor Approved as to Form: __________________________________ Michael P. Fuino Assistant City Attorney STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me by means of [ ] physical presence or [ ] online notarization, this _____ day of ______________ 2020, by FRANK HIBBARD, as Mayor of the City of Clearwater, Florida, who is [ ] personally known to me or has [ ] produced _________________________________ as identification. __________________________________ Notary Public Print Name:_________________________ My Commission Expires: STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me by means of [ ] physical presence or [ ] online notarization, this ______ day of __________, 2020, by WILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is [ ] personally known to me or who has [ ] produced _____________________________ as identification. __________________________________ Notary Public Print Name:_________________________ My Commission Expires EXHIBIT “A” Legal Description (Hotel B) LEGAL DESCRIPTION 13845114v1 EXHIBIT “B” Lot Line Adjustment UPUPUPUPUPUPSTAIR #2P1-S2DELIVERYP1-17RETAIL/RESTAURANTP1-09STORAGEP1-11ENGINEERINGP1-10HOUSE KEEPING /LAUNDRYP1-05HOTEL LOBBYP1-01BREAKP1-06MEN'S LOCKER RMP1-07WOMEN'S LOCKER RMP1-08STAIR #1P1-S1LINEN COLLECTIONP1-02STAIR #5P1-S5HAMDEN RETAILP1-16CORRIDORP1-04MAIN ELECTRICALP1-13MAIN MECHANICALP1-14Sheet Title:Job NumberScaleDrawn:Checked:This Document is the property of Raintree Architectureand is to be used only in connection with theproject named herein. Reproduction, in whole or inpart, shall be allowed only with the express writtenor verbal permission. Drawing scales as shown arevalid on the original size document which is 30 by42 inches. c 2015 Raintree Architecture, Inc.Date:APCHNTECTERUANNRIILGNIOIRTRES#Description:4-30-15 FOR PERMIT ONLY5-29-15 INTERIORS COORDINATION PACKAGEDate:A-001FLOOR PLAN -P-1 PARKINGSPRINGHILL SUITES/RESIDENCE INN309 CORONADO DRIVECLEARWATER, FLRELEASED FORCONSTRUCTION 10-16-151/16" = 1'-0"A-0011FIRST FLOOR PLANLOT ALOT BPROPOSED(NO CHANGES ON THIS FLOOR)RESIDENCE INN 142 ROOMSSPRINGHILL SUITES 118 ROOMSLOT A NorthsideN tor shide Civil · Land Planning · Traffic Studies ·Landscape Due Diligence Reports ·Land Use ·Re-Zoning Stormwater Management ·Utility Design Construction Administration 300 South Belcher Road, Clearwater, Florida 33765 Tel: 727-443-2869 Fax: 727-446-8036 tech@northsideengineering.net Est. 1989 SPRINGHILL SUITES & 309 CORONADO DRIVE CLEARWATER, FLORIDA RESIDENCES INN HOTELEngineerings,Inc.Engineering,I nc .C1.1CIVIL SITE DATA FLOOD ZONE INFORMATION:15298SECTION , TOWNSHIP S, RANGE EPINELLAS COUNTY FLORDIASTREET MAPAERIAL MAPLEGAL DESCRIPTION (HOTELS A AND B):NORTHCITY OF CLEARWATERPROJECTSITEPROJECTLOCATIONLots 1, 2, 3 and 4, Block A, COLUMBIA SUB. NO. 2, according to the platthereof as recorded in Plat Book 21, Page 79, of the Public Records ofPinellas County, Florida.The parcel contains 48,190.53 square feet or 1.106 acres, more or less.TOGETHER WITHLots 1, 2, 3, 4, 1A, 2A, 3A, and 4A, COLUMBIA SUBDIVISION NO. 3,according to the plat thereof as recorded in Plat Book 27, Page 46, of thePublic Records of Pinellas County, Florida.The parcel described contains 83,918.00 square feet or 1.926 acres, moreor less.FLD 2009-08026FLD 2009-08027FLD 2009-09036DVA 2009-00002AGENCY RESPONSE STAMPSPREVIOUSPREVIOUSPREVIOUSPREVIOUSC1.1INDEX OF SHEETSC3.1CIVIL SITE DATASITE PLANFLD2009-08027BNEWSITE DATA HOTEL A (FLD 2009-08026B)08-29-15-17604-000-0010SITE DATA HOTELS A & BSITE DATA HOTEL B (FLD 2009-08027B)HOTEL AEXISTING (ISR) FOR THE PROPOSED LOT/HOTEL A WITHOUT THEPROPOSED OUTDOOR SEATINGLOT AREA = 40,581 + 2088 = 42,669 SQ.FT.EX. IMPERVIOUS SURFACE RATIO (ISR) = 32,327.75 / 42,669 = 0.757PROPOSED (ISR) FOR THE PROPOSED LOT/HOTEL A WITH THEPROPOSED OUTDOOR SEATING IMPERVIOUS SURFACE = 32,327.75 + 2036 = 34,363.75 SQ.FT.IMPERVIOUS SURFACE RATIO (ISR) = 34,363.75 / 42,669 = 0.805HOTEL BEXISTING / PROPOSED (NO CHANGE)LOT AREA = 38,800 + 2,449 = 41,294 SQ.FT.IMPERVIOUS SURFACE RATIO (ISR) = 28,994.11 / 41,294 = 0.702L1.1LANDSCAPE PLANHDA 2020-08003 HOTEL B Z:\2019 AutoCAD Projects\1907 - Key Internation, LLC. Retail @ Hotel (Old 1418 Springhill)\Current Site Plan\Site Plan (Show ISR Area) 09.4.2020 + LANDSCAPE_recover.dwg, 9/9/2020 5:23:34 PM,AutoCAD PDF (High Quality Print).pc3 rdrdrdrdrdrdGASS HAMDEN DRIVECORONADO DRIVETHIRD STREETCLEARWATER HARBORRESIDENCE INN(HOTEL B 142ROOMS) TOTALAREAB1+B2=0.9469 AC.PARCEL B1PARCEL B2PARCEL A2UPUPSTAIR #1P1-S1WOMEN'S LOCKER RMP1-08CORRIDORP1-04MEN'S LOCKER RMP1-07BREAKP1-06HOTEL LOBBYP1-01HOUSE KEEPING /LAUNDRYP1-05LINEN COLLECTIONP1-02UPUPRETAIL/RESTAURANTP1-09ENGINEERINGP1-10STORAGEP1-11DELIVERYP1-17UPUPMAIN ELECTRICALP1-13MAIN MECHANICALP1-14HAMDEN RETAILP1-1615'5'PARCEL A1SPRINGHILL SUITES(HOTEL A 118ROOMS)TOTAL AREAA1&A2= 0.9795 AC.1234567891011121314151617181920PWCPWCPWCPWCPWCPWCPARCEL B138,800 SQ. FT.PARCEL A140,581 SQ. FT.NorthsideN tor shide Civil · Land Planning · Traffic Studies ·Landscape Due Diligence Reports ·Land Use ·Re-Zoning Stormwater Management ·Utility Design Construction Administration 300 South Belcher Road, Clearwater, Florida 33765 Tel: 727-443-2869 Fax: 727-446-8036 tech@northsideengineering.net Est. 1989 SPRINGHILL SUITES & 309 CORONADO DRIVE CLEARWATER, FLORIDA RESIDENCES INN HOTELEngineerings,Inc.Engineering,I nc .C3.1PROPOSED SITE PLAN NEW WOODDECK FOR OUTDOOR SEATINGLEGEND200102040SCALE: 1"=20'NORTHPARCEL B1 & B2 ( RESIDENCE INN )PARCEL A1 & A2 ( SPRINGHILL SUITES )LEGENDHOTEL B HDA 2020-08003 Z:\2019 AutoCAD Projects\1907 - Key Internation, LLC. Retail @ Hotel (Old 1418 Springhill)\Current Site Plan\Site Plan (Show ISR Area) 09.4.2020 + LANDSCAPE_recover.dwg, 9/9/2020 5:24:29 PM,AutoCAD PDF (High Quality Print).pc3 UP UPSTAIR #1P1-S1BREAKMEN'S LOCKER RMP1-07WOMEN'S LOCKER RMP1-08P1-06CORRIDORP1-04HOTEL LOBBYP1-01HOUSE KEEPING /LAUNDRYP1-05LINEN COLLECTIONP1-02UPUPNorthsideN tor shide Civil · Land Planning · Traffic Studies ·Landscape Due Diligence Reports ·Land Use ·Re-Zoning Stormwater Management ·Utility Design Construction Administration 300 South Belcher Road, Clearwater, Florida 33765 Tel: 727-443-2869 Fax: 727-446-8036 tech@northsideengineering.net Est. 1989 SPRINGHILL SUITES & 309 CORONADO DRIVE CLEARWATER, FLORIDA RESIDENCES INN HOTELEngineerings,Inc.Engineering,I nc .L1.1HDA 2020-08003 HOTEL B LANDSCAPE PLAN Z:\2019 AutoCAD Projects\1907 - Key Internation, LLC. Retail @ Hotel (Old 1418 Springhill)\Current Site Plan\Site Plan (Show ISR Area) 09.4.2020 + LANDSCAPE_recover.dwg, 9/9/2020 5:25:32 PM,AutoCAD PDF (High Quality Print).pc3 P1 PARKING5' - 6"P2 PARKING20' - 0"ROOF84' - 0"P3 PARKING29' - 0"LEVEL 1 HOTEL40' - 0"LEVEL 2 HOTEL54' - 0"LEVEL 3 HOTEL64' - 0"LEVEL 4 HOTEL74' - 0"SLSKSJSGSFSCSASPSBSDSMSQSD.33' - 0"10' - 0"10' - 0"10' - 0"14' - 0"11' - 0"9' - 0"14' - 0"6"SH1A-3031A-3031A-3021A-3021A-3041A-3043A-3013A-301T.O. LOW PARAPET87' - 0"STREET LEVEL6' - 0"SNE2E2E3GSST1E3ST3E3E3E3E2E3E3E2ST3ST3E2ALSEULUUUULUUULLAAABBKBBKKUUUUKLLUUUUKKUUUUUUUUUUUUUUUUUUUUUUUUBKLAABBKLKLABKKBK12A-501EXPANSION JOINT -SEE SHT - A-501EXPANSION JOINT -SEE SHT - A-501E5A-2056A-2057BASE FLOOD ELEVATION (BDE)11'-0" AMSL78' - 0"DESIGN FLOOD ELEVATION (DFE)12'-0" AMSLA-201.A3L E G E N DST1ST2ST3ST4E1E2E3E4E5S1CTALMPWDGSFCCMCSG STUCCO(WHITE) STUCCO(BLUE) STUCCO(BEIGE) STUCCO(TAN) EIFS(BLUE) EIFS(WHITE) EIFS(TAN) EIFS(GRAY) EIFS(BEIGE) STONE VENEER CONCRETE TILE ALUMINUM METAL PANEL WOOD GREEN SCREEN FABRIC CANOPY CONCRETE MASONRY CONCRETESIGN GRAPHICS(INTERNALLY LIT WALL SIGN -FURNISHED AND INSTALLED BYOTHERS)MARKMATERIALLUKNOTE:CENTER OPENINGS INPARKING DECK WITH THECENTER OF SLIDING DOORS INHOTEL TOWER - TYP.NOTE:CENTER OPENINGS INPARKING DECK WITH THECENTER OF WINDOWS INHOTEL TOWER - TYP.Sheet Title:Job NumberScaleDrawn:Checked:This Document is the property of Raintree Architectureand is to be used only in connection with theproject named herein. Reproduction, in whole or inpart, shall be allowed only with the express writtenor verbal permission. Drawing scales as shown arevalid on the original size document which is 30 by42 inches. c 2015 Raintree Architecture, Inc.Date:APCHNTECTERUANNRIILGNIOIRTRES#Description:4-30-15¬ FOR PERMIT ONLY5-29-15¬ INTERIORS COORDINATION PACKAGEDate:As indicated11/13/2015 10:47:02 AMA-201.AEAST ELEVATION- PART AJHEO14029SPRINGHILL SUITES/RESIDENCE INN309 CORONADO DRIVECLEARWATER, FL10-16-15RELEASED FORCONSTRUCTION 10-16-15 1/8" = 1'-0"A-201.A1EAST ELEVATION - PART A 3/64" = 1'-0"A-201.A2EAST ELEVATION KEY ABA 1/4" = 1'-0"A-201.A3LOCATION OF OPENING/WINDOW/SLIDING DOOR1 6-10-15 Revision 12 8-01-15 PERMIT REVISIONS3 10-26-15 RELEASED FORCONSTRUCTION4 11-11-15 ADDENDUM # 144 P1 PARKING5' - 6"P2 PARKING20' - 0"ROOF84' - 0"P3 PARKING29' - 0"LEVEL 1 HOTEL40' - 0"LEVEL 2 HOTEL54' - 0"LEVEL 3 HOTEL64' - 0"LEVEL 4 HOTEL74' - 0"NHNJNKNMNCNNNLNGNBNRNDNQNFNANE1A-3071A-3071A-3091A-3091A-3051A-305T.O. HIGH PARAPET95' - 6"T.O. LOW PARAPET87' - 0"3' - 2"5' - 4"3' - 0"10' - 0"10' - 0"10' - 0"14' - 0"11' - 0"9' - 0"14' - 0"6"T.O. MID PARAPET92' - 4"STREET LEVEL6' - 0"E2E2ST3G5E2E5CTGSCTMPE5E2ND.5NG.8NH.82A-2032A-2031A-3081A-308E2ST1S1S1KBKBLAKLLUUUUUUUUKKKKKKXXTTKKUUUU11A-5025A-324LB4LB4LB4 LB4LB4LB4LB4LB4KKA-2062A-2063BASE FLOODELEVATION (BFE)11'-0" AMSLBASE FLOODELEVATION (BFE)11'-0" AMSL78' - 0"DESIGN FLOODELEVATION (DFE)12'-0" AMSLDESIGN FLOODELEVATION (DFE)12'-0" AMSLRAILINGSTRUCTURAL GLASS WITHCONTINUOUS CAP (CAPPAINTED WOOD GRAIN)A-5061L E G E N DST1ST2ST3ST4E1E2E3E4E5S1CTALMPWDGSFCCMCSG STUCCO(WHITE) STUCCO(BLUE) STUCCO(BEIGE) STUCCO(TAN) EIFS(BLUE) EIFS(WHITE) EIFS(TAN) EIFS(GRAY) EIFS(BEIGE) STONE VENEER CONCRETE TILE ALUMINUM METAL PANEL WOOD GREEN SCREEN FABRIC CANOPY (NIC) CONCRETE MASONRY CONCRETESIGN GRAPHICS(INTERNALLY LIT WALL SIGN -FURNISHED AND INSTALLED BYOTHERS)MARKMATERIALSheet Title:Job NumberScaleDrawn:Checked:This Document is the property of Raintree Architectureand is to be used only in connection with theproject named herein. Reproduction, in whole or inpart, shall be allowed only with the express writtenor verbal permission. Drawing scales as shown arevalid on the original size document which is 30 by42 inches. c 2015 Raintree Architecture, Inc.Date:APCHNTECTERUANNRIILGNIOIRTRES#Description:4-30-15¬ FOR PERMIT ONLY5-29-15¬ INTERIORS COORDINATION PACKAGEDate:As indicated11/22/2016 5:20:01 PMA-201.BEAST ELEVATION- PART BJHEO14029SPRINGHILL SUITES/RESIDENCE INN309 CORONADO DRIVECLEARWATER, FL10-16-15RELEASED FORCONSTRUCTION 10-16-15 1/8" = 1'-0"A-201.B1EAST ELEVATION - PART B 3/64" = 1'-0"A-201.B2EAST ELEVATION KEY BBANOTE:SIGNAGE WILL BERESUBMITTED INTO ASEPARATE PACKAGE16-10-15Revision 12 8-01-15 PERMIT REVISIONS3 11-11-15 ADDENDUM # 142-24-16ADDENDUM # 45 4-26-16 ADD. # 1R PERMIT REVISIONS6 7-01-16 ADDENDUM #4R1 CITY COMMENTS7 10-25-16 ADDENDUM #88 11-22-16 ADDENDUM #10 DIGITALVIDEOIN P1 PARKING5' - 6"P2 PARKING20' - 0"ROOF84' - 0"P3 PARKING29' - 0"LEVEL 1 HOTEL40' - 0"LEVEL 2 HOTEL54' - 0"LEVEL 3 HOTEL64' - 0"LEVEL 4 HOTEL74' - 0"SLSKSJSGSFSCSASPSBSMSH1A-3031A-3031A-3021A-3021A-3041A-3043A-3013A-3018' - 6"3' - 0"10' - 0"10' - 0"10' - 0"14' - 0"11' - 0"9' - 0"14' - 0"6"T.O. HIGH PARAPET95' - 6"T.O. LOW PARAPET87' - 0"STREET LEVEL6' - 0"E3E3E2E2E3SESA.3BASE FLOOD ELEVATION (BFD)11'-0" AMSL78' - 0"E3E3E2E2E2DESIGN FLOOD ELEVATION (BFD)12'-0" AMSLL E G E N DST1ST2ST3ST4E1E2E3E4E5S1CTALMPWDGSFCCMCSG STUCCO(WHITE) STUCCO(BLUE) STUCCO(BEIGE) STUCCO(TAN) EIFS(BLUE) EIFS(WHITE) EIFS(TAN) EIFS(GRAY) EIFS(BEIGE) STONE VENEER CONCRETE TILE ALUMINUM METAL PANEL WOOD GREEN SCREEN FABRIC CANOPY CONCRETE MASONRY CONCRETESIGN GRAPHICS(INTERNALLY LIT WALL SIGN -FURNISHED AND INSTALLED BYOTHERS)MARKMATERIALSheet Title:Job NumberScaleDrawn:Checked:This Document is the property of Raintree Architectureand is to be used only in connection with theproject named herein. Reproduction, in whole or inpart, shall be allowed only with the express writtenor verbal permission. Drawing scales as shown arevalid on the original size document which is 30 by42 inches. c 2015 Raintree Architecture, Inc.Date:APCHNTECTERUANNRIILGNIOIRTRES#Description:4-30-15¬ FOR PERMIT ONLY5-29-15¬ INTERIORS COORDINATION PACKAGEDate:As indicated11/13/2015 11:34:37 AMA-202.AWESTELEVATION -PART AJHEO14029SPRINGHILL SUITES/RESIDENCE INN309 CORONADO DRIVECLEARWATER, FL10-16-15RELEASED FORCONSTRUCTION 10-16-15 1/8" = 1'-0"A-202.A1WEST ELEVATION - PART A 3/64" = 1'-0"A-202.A2WEST ELEVATION KEY AAB1 6-10-15 Revision 12 8-01-15 PERMIT REVISIONS3 11-11-15 ADDENDUM # 13 P1 PARKING5' - 6"P2 PARKING20' - 0"ROOF84' - 0"P3 PARKING29' - 0"LEVEL 1 HOTEL40' - 0"LEVEL 2 HOTEL54' - 0"LEVEL 3 HOTEL64' - 0"LEVEL 4 HOTEL74' - 0"NHNJNKNMNCNLNGNBNRNDNQNFNANE1A-3061A-3061A-3071A-3071A-3091A-3091A-3051A-305T.O. HIGH PARAPET95' - 6"T.O. LOW PARAPET87' - 0"6"14' - 0"9' - 0"11' - 0"14' - 0"10' - 0"10' - 0"10' - 0"3' - 0"8' - 6"STREET LEVEL6' - 0"STREET LEVEL6' - 0"S1ST2E5E2CTE2MPCTCTCTS1E5E2ST1G1E2ND.5NG.8NH.81A-3081A-308S1LB4LB4LB4LB4 LB4 LB4LB4 LB4LB4 LB4A-2053A-5064ALA-2054A-2052A-2051A-2055A-2061DESIGN FLOODELEVATION (DFE)12'-0" AMSLDESIGN FLOOD ELEVATION (DFE)12'-0" AMSL78' - 0"BASE FLOOD ELEVATION (BFE)11'-0" AMSLBASE FLOODELEVATION (BFE)11'-0" AMSLEQEQ14A-650serveryL E G E N DST1ST2ST3ST4E1E2E3E4E5S1CTALMPWDGSFCCMCSG STUCCO(WHITE) STUCCO(BLUE) STUCCO(BEIGE) STUCCO(TAN) EIFS(BLUE) EIFS(WHITE) EIFS(TAN) EIFS(GRAY) EIFS(BEIGE) STONE VENEER CONCRETE TILE ALUMINUM METAL PANEL WOOD GREEN SCREEN FABRIC CANOPY (NIC) CONCRETE MASONRY CONCRETESIGN GRAPHICS(INTERNALLY LIT WALL SIGN -FURNISHED AND INSTALLED BYOTHERS)MARKMATERIALSheet Title:Job NumberScaleDrawn:Checked:This Document is the property of Raintree Architectureand is to be used only in connection with theproject named herein. Reproduction, in whole or inpart, shall be allowed only with the express writtenor verbal permission. Drawing scales as shown arevalid on the original size document which is 30 by42 inches. c 2015 Raintree Architecture, Inc.Date:APCHNTECTERUANNRIILGNIOIRTRES#Description:4-30-15¬ FOR PERMIT ONLY5-29-15¬ INTERIORS COORDINATION PACKAGEDate:As indicated11/22/2016 5:20:42 PMA-202.BWESTELEVATION -PART BJHEO14029SPRINGHILL SUITES/RESIDENCE INN309 CORONADO DRIVECLEARWATER, FL10-16-15RELEASED FORCONSTRUCTION 10-16-15 1/8" = 1'-0"A-202.B1WEST B 3/64" = 1'-0"A-202.B2WEST ELEVATION KEY BABNOTE:SIGNAGE WILL BERESUBMITTED INTO ASEPARATE PACKAGE16-10-15Revision 12 8-01-15 PERMIT REVISIONS3 11-11-15 ADDENDUM # 14 4-26-16 ADD. # 1R PERMIT REVISIONS5 11-22-16 ADDENDUM #10 P1 PARKING5' - 6"P2 PARKING20' - 0"ROOF84' - 0"P3 PARKING29' - 0"LEVEL 1 HOTEL40' - 0"LEVEL 2 HOTEL54' - 0"LEVEL 3 HOTEL64' - 0"LEVEL 4 HOTEL74' - 0"N1.4N2.9N5N7N8.7N1.9N2N63' - 2"5' - 4"3' - 0"10' - 0"10' - 0"10' - 0"14' - 0"11' - 0"9' - 0"8' - 11"5' - 1"6"1' - 6"N7.81A-3121A-3121A-3131A-3131A-3111A-311N9T.O. HIGH PARAPET95' - 6"T.O. LOW PARAPET87' - 0"T.O. MID PARAPET92' - 4"STREET LEVEL6' - 0"UTILITY LEVEL11' - 1"DELIVERY4' - 0"E5S1E2G5CTMPCT3' - 7"16' - 6"25' - 3"30' - 0"30' - 0"11' - 8"18' - 10"25' - 0"1' - 6"11' - 6"CTST1ST2ST2E2E2?CTG5CJ - A : 1 1/2"HORIZONTALTYPICALCJ - B: 1/8"VERTICALTYPICALN4.32A-203KKKKKKKKLLWWWWKKG.3DF.1S1S1G.3G.3A-2033A-50465A-5055A-328LB4LB4LB4LB4LB4LB4LB4A-2071A-2072BASE FLOOD ELEVATION(BFE)11'-0" AMSL78' - 0"DESIGN FLOOD ELEVATION (DFE)12'-0" AMSLDESIGN FLOOD ELEVATION(DFE)12'-0" AMSLBASE FLOODELEVATION (BFE)11'-0" AMSL15A-637LB44A-50516A-6375A-203L E G E N DST1ST2ST3ST4E1E2E3E4E5S1CTALMPWDGSFCCMCSG STUCCO(WHITE) STUCCO(BLUE) STUCCO(BEIGE) STUCCO(TAN) EIFS(BLUE) EIFS(WHITE) EIFS(TAN) EIFS(GRAY) EIFS(BEIGE) STONE VENEER CONCRETE TILE ALUMINUM METAL PANEL WOOD GREEN SCREEN FABRIC CANOPY (NIC) CONCRETE MASONRY CONCRETESIGN GRAPHICS(INTERNALLY LIT WALL SIGN -FURNISHED AND INSTALLED BYOTHERS)MARKMATERIALREVEALWHITEEIFS1 1/2"LINE OFEXTERIORSHEATHINGBEHIND5/8"T. O. REVEAL4A-203STUCCO 'V' REVEALWIRED TO CMU5/8"1/8"STUCCO(SEE ELEVS.FOR COLOR)FACE OF CMULEVEL 1 HOTEL40' - 0"CONTROLJOINTEIFSEXT. SHEATHING8" CMUSTUCCOCONT. AIR &WATER BARRIERSheet Title:Job NumberScaleDrawn:Checked:This Document is the property of Raintree Architectureand is to be used only in connection with theproject named herein. Reproduction, in whole or inpart, shall be allowed only with the express writtenor verbal permission. Drawing scales as shown arevalid on the original size document which is 30 by42 inches. c 2015 Raintree Architecture, Inc.Date:APCHNTECTERUANNRIILGNIOIRTRES#Description:4-30-15¬ FOR PERMIT ONLY5-29-15¬ INTERIORS COORDINATION PACKAGEDate:As indicated11/22/2016 5:21:08 PMA-203NORTHELEVATIONJHEO14029SPRINGHILL SUITES/RESIDENCE INN309 CORONADO DRIVECLEARWATER, FL10-16-15RELEASED FORCONSTRUCTION 10-16-15 1/8" = 1'-0"A-2031NORTH ELEVATION 6" = 1'-0"A-2032SECTION @ LARGE EIFS REVEAL 6" = 1'-0"A-2033ELEVATION DETAIL 'V' REVEAL 6" = 1'-0"A-2034SECTION @ STUCCO 'V' REVEAL 3" = 1'-0"A-2035SECTION @ MATERIAL CHANGENOTE:SIGNAGE WILL BERESUBMITTED INTO ASEPARATE PACKAGE16-10-15Revision 12 8-01-15 PERMIT REVISIONS3 11-11-15 ADDENDUM # 14 4-26-16 ADD. # 1R PERMIT REVISIONS5 11-22-16 ADDENDUM #10 P1 PARKING5' - 6"P2 PARKING20' - 0"ROOF84' - 0"P3 PARKING29' - 0"LEVEL 1 HOTEL40' - 0"LEVEL 2 HOTEL54' - 0"LEVEL 3 HOTEL64' - 0"LEVEL 4 HOTEL74' - 0"N2.8N5.5N5.8N4.2N0.9N2.23' - 0"10' - 0"10' - 0"10' - 0"14' - 0"11' - 0"9' - 0"14' - 0"6"1A-3121A-3121A-3131A-313T.O. HIGH PARAPET95' - 6"T.O. LOW PARAPET87' - 0"T.O. LOW PARAPET87' - 0"STREET LEVEL6' - 0"E2ST220' - 3"21' - 0"20' - 6"20' - 6"20' - 6"8' - 6"E1CTE3E3E2E3E2N4.3ARCHITECTURAL LOUVERS - COLORTO MATCH EIFS/STUCCO COLOR3' - 4"4' - 0"1' - 4"4' - 0"8' - 8"3' - 4"6' - 8"10' - 8"6' - 8"11' - 1"8' - 0"4' - 0"1' - 4"1' - 4"5A-328BASE FLOOD ELEVATION (BFL)11'-0" AMSL78' - 0"DESIGN FLOOD ELEVATION (DFL)12'-0" AMSLA-5101515A-637S16' - 0"ST3E5E3ST3E2ST15A-203P1 PARKING5' - 6"P2 PARKING20' - 0"ROOF84' - 0"P3 PARKING29' - 0"LEVEL 1 HOTEL40' - 0"LEVEL 2 HOTEL54' - 0"LEVEL 3 HOTEL64' - 0"LEVEL 4 HOTEL74' - 0"S2S6S2.2S4.41A-3141A-3141A-3101A-310T.O. HIGH PARAPET95' - 6"T.O. LOW PARAPET87' - 0"STREET LEVEL6' - 0"8' - 6"3' - 0"10' - 0"10' - 0"10' - 0"14' - 0"11' - 0"9' - 0"14' - 0"6"E2ST3E2ST3G1S2.6S4.7S1.5E1ST1S6.54A-32978' - 0"L1K1E1E2ST3ST3ST1ST1E2K1L1BBAL E G E N DST1ST2ST3ST4E1E2E3E4E5S1CTALMPWDGSFCCMCSG STUCCO(WHITE) STUCCO(BLUE) STUCCO(BEIGE) STUCCO(TAN) EIFS(BLUE) EIFS(WHITE) EIFS(TAN) EIFS(GRAY) EIFS(BEIGE) STONE VENEER CONCRETE TILE ALUMINUM METAL PANEL WOOD GREEN SCREEN FABRIC CANOPY CONCRETE MASONRY CONCRETESIGN GRAPHICS(INTERNALLY LIT WALL SIGN -FURNISHED AND INSTALLED BYOTHERS)MARKMATERIALSheet Title:Job NumberScaleDrawn:Checked:This Document is the property of Raintree Architectureand is to be used only in connection with theproject named herein. Reproduction, in whole or inpart, shall be allowed only with the express writtenor verbal permission. Drawing scales as shown arevalid on the original size document which is 30 by42 inches. c 2015 Raintree Architecture, Inc.Date:APCHNTECTERUANNRIILGNIOIRTRES#Description:4-30-15¬ FOR PERMIT ONLY5-29-15¬ INTERIORS COORDINATION PACKAGEDate:As indicated2/24/2016 5:19:51 PMA-204SOUTHELEVATIONSJHEO14029SPRINGHILL SUITES/RESIDENCE INN309 CORONADO DRIVECLEARWATER, FL10-16-15RELEASED FORCONSTRUCTION 10-16-15 1/8" = 1'-0"A-2041SOUTH ELEVATION - PART B 1/8" = 1'-0"A-2042SOUTH ELEVATION - PART A222341 6-10-15 Revision 12 8-01-15 PERMIT REVISIONS3 10-09-15 PERMIT REVISIONS4 11-11-15 ADDENDUM # 15 2-24-16 ADDENDUM # 45 Sheet Title:Job NumberScaleDrawn:Checked:This Document is the property of Raintree Architectureand is to be used only in connection with theproject named herein. Reproduction, in whole or inpart, shall be allowed only with the express writtenor verbal permission. Drawing scales as shown arevalid on the original size document which is 30 by42 inches. c 2015 Raintree Architecture, Inc.Date:APCHNTECTERUANNRIILGNIOIRTRES#Description:4-30-15¬ FOR PERMIT ONLY5-29-15¬ INTERIORS COORDINATION PACKAGEDate:10/16/2015 6:09:58 PMA-214BUILDING AXONSJHEO14029SPRINGHILL SUITES/RESIDENCE INN309 CORONADO DRIVECLEARWATER, FL10-16-15RELEASED FOR CONSTRUCTION10-16-15A-2141SOUTHEAST AXONA-2142NORTHWEST AXON Sheet Title:Job NumberScaleDrawn:Checked:This Document is the property of Raintree Architectureand is to be used only in connection with theproject named herein. Reproduction, in whole or inpart, shall be allowed only with the express writtenor verbal permission. Drawing scales as shown arevalid on the original size document which is 30 by42 inches. c 2015 Raintree Architecture, Inc.Date:APCHNTECTERUANNRIILGNIOIRTRES#Description:4-30-15¬ FOR PERMIT ONLY5-29-15¬ INTERIORS COORDINATION PACKAGEDate:10/16/2015 6:11:41 PMA-215BUILDING AXONSJHEO14029SPRINGHILL SUITES/RESIDENCE INN309 CORONADO DRIVECLEARWATER, FL10-16-15RELEASED FOR CONSTRUCTION10-16-15A-2151SOUTHWEST AXONA-2153NORTHEAST AXON UPUPUPUPUPUPSTAIR #2P1-S2DELIVERYP1-17RETAIL/RESTAURANTP1-09STORAGEP1-11ENGINEERINGP1-10HOUSE KEEPING /LAUNDRYP1-05HOTEL LOBBYP1-01BREAKP1-06MEN'S LOCKER RMP1-07WOMEN'S LOCKER RMP1-08STAIR #1P1-S1LINEN COLLECTIONP1-02STAIR #5P1-S5HAMDEN RETAILP1-16CORRIDORP1-04MAIN ELECTRICALP1-13MAIN MECHANICALP1-14Sheet Title:Job NumberScaleDrawn:Checked:This Document is the property of Raintree Architectureand is to be used only in connection with theproject named herein. Reproduction, in whole or inpart, shall be allowed only with the express writtenor verbal permission. Drawing scales as shown arevalid on the original size document which is 30 by42 inches. c 2015 Raintree Architecture, Inc.Date:APCHNTECTERUANNRIILGNIOIRTRES#Description:4-30-15 FOR PERMIT ONLY5-29-15 INTERIORS COORDINATION PACKAGEDate:A-001FLOOR PLAN -P-1 PARKINGSPRINGHILL SUITES/RESIDENCE INN309 CORONADO DRIVECLEARWATER, FLRELEASED FORCONSTRUCTION 10-16-151/16" = 1'-0"A-0011FIRST FLOOR PLANLOT ALOT BPROPOSED(NO CHANGES ON THIS FLOOR)RESIDENCE INN 142 ROOMSSPRINGHILL SUITES 118 ROOMSLOT A UPUPUPUPUPUPUPUPUPSTAIR #2P2-S2Sheet Title:Job NumberScaleDrawn:Checked:This Document is the property of Raintree Architectureand is to be used only in connection with theproject named herein. Reproduction, in whole or inpart, shall be allowed only with the express writtenor verbal permission. Drawing scales as shown arevalid on the original size document which is 30 by42 inches. c 2015 Raintree Architecture, Inc.Date:APCHNTECTERUANNRIILGNIOIRTRES#Description:4-30-15 FOR PERMIT ONLY5-29-15 INTERIORS COORDINATION PACKAGEDate:A-002FLOOR PLAN -P-2 PARKINGSPRINGHILL SUITES/RESIDENCE INN309 CORONADO DRIVECLEARWATER, FLRELEASED FORCONSTRUCTION 10-16-151/16" = 1'-0"A-0021SECOND FLOOR PLANLOT BLOT APROPOSED(NO CHANGES ON THIS FLOOR)RESIDENCE INN 142 ROOMSSPRINGHILL SUITES 118 ROOMSLOT A UPUPUPUPUPUPUPDNUPUPUPSheet Title:Job NumberScaleDrawn:Checked:This Document is the property of Raintree Architectureand is to be used only in connection with theproject named herein. Reproduction, in whole or inpart, shall be allowed only with the express writtenor verbal permission. Drawing scales as shown arevalid on the original size document which is 30 by42 inches. c 2015 Raintree Architecture, Inc.Date:APCHNTECTERUANNRIILGNIOIRTRES#Description:4-30-15 FOR PERMIT ONLY5-29-15 INTERIORS COORDINATION PACKAGEDate:A-003FLOOR PLAN -P-3 PARKINGSPRINGHILL SUITES/RESIDENCE INN309 CORONADO DRIVECLEARWATER, FLRELEASED FORCONSTRUCTION 10-16-151/16" = 1'-0"A-00311/16" FLOOR PLAN - P-3 PARKINGLOT ALOT BPROPOSED(NO CHANGES ON THIS FLOOR)RESIDENCE INN 142 ROOMSSPRINGHILL SUITES 118 ROOMSLOT A RESIDENCE INN 142 ROOMSSPRINGHILL SUITES 115 ROOMSLOT BLOT ARI KINGKINKIKIIKSTUDIOUDDUDDUDUUDUDDURIRRRRIRIIRRRRRIIRRRIRRRRRKING KKKKKKKGGGGGGGGGGGGGGGGGSTUDIOOSSSSSSSSSSSMENNNNNMMMEMEEMEMNENENWOMMMWOMWOME24' 0"24' 0"24' 0"0"024-0024-024-024 00024 024 0024' 0"-6"--666"19'919919191119'1119''-19'-6"'-BALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYPROPOSEDSPRINGHILL SUITES 115 ROOMSSPRINGHILL SUITES 118 ROOMSLOT A KING STUDIO204KING STUDIO -COMMUNICATIONACCESSIBLE202KING STUDIO206KING/KING 2-BDR208KING 1-BDR210KING STUDIO212DBL QUEEN STUDIO211KING STUDIO214DBL QUEEN STUDIO213KING 1-BDR216KING 1-BDR218KING STUDIO220KING STUDIO222KING 1-BDR224DBL QUEEN 1 BDR215DBL QUEEN 1 BDR -COMMUNICATIONACCESSIBLE217DBL QUEEN STUDIO219DBL QUEEN STUDIO221DBL QUEEN 1 BDR223DBL QUEEN 1 BDR225KING STUDIO228KING STUDIO230KING 1-BDR232KING STUDIO236KING STUDIO238KING STUDIO240KING STUDIO242KING STUDIO237KING STUDIO239KING STUDIO241KING STUDIO243KING STUDIO245KING STUDIO247DOUBLE QUEEN - MOB. &COMM. ACCESSIBLEW/ROLL-IN SHWR251KING253DOUBLE QUEEN255DOUBLE QUEEN257KING256KING254KING258DOUBLE QUEEN259KING260DOUBLE QUEEN261KING262DOUBLE QUEEN263DOUBLE QUEEN265DOUBLE QUEEN -COMMUNICATIONACCESSIBLE267KING - MOBILITYACCESSIBLE W/NONROLL-IN SHWR269DBL QUEEN271DOUBLE QUEEN -COMMUNICATIONACCESSIBLE273KING274DOUBLE QUEEN275KING278DOUBLE QUEEN277KING276DOUBLE QUEEN279KING280DOUBLE QUEEN281KING282DOUBLE QUEEN283KING284DOUBLE QUEEN285DBL QUEEN287KING289KING291KING293STAIR #32S3DBL QUEEN STUDIO -COMMUNICATIONACCESSIBLE209H.K. / STO.227.1SERVICE VESTIBULE298AICE252CORRIDORH.K. / STO.264ELECTRICAL268TELECOM270STAIR #12S1CORRIDORSTAIR #22S2ELEVATOR LOBBY295PASSENGER ELEVATORP1PASSENGER ELEVATORP2SERVICE ELEVATORS1ELECTRICAL227.2KING 1 BDR226IT227.3H.K. / STO.250PASSENGER ELEVATORP3ELEV. LOBBY207IT203SHUTTLE ELEVATORP4ELEC.205Sheet Title:Job NumberScaleDrawn:Checked:This Document is the property of Raintree Architectureand is to be used only in connection with theproject named herein. Reproduction, in whole or inpart, shall be allowed only with the express writtenor verbal permission. Drawing scales as shown arevalid on the original size document which is 30 by42 inches. c 2015 Raintree Architecture, Inc.Date:APCHNTECTERUANNRIILGNIOIRTRES#Description:4-30-15 FOR PERMIT ONLY5-29-15 INTERIORS COORDINATION PACKAGEDate:A-005FLOOR PLAN -LEVEL 2 (TYP.LEVEL)SPRINGHILL SUITES/RESIDENCE INN309 CORONADO DRIVECLEARWATER, FLRELEASED FORCONSTRUCTION 10-16-151/16" = 1'-0"A-00511/16" FLOOR PLAN - LEVEL 2 (TYP. LEVEL)LOT BLOT ASPRINGHILL SUITES 115 ROOMSRESIDENCE INN 140 ROOMSBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYPROPOSED(NO CHANGES ON THIS FLOOR)RESIDENCE INN 142 ROOMSSPRINGHILL SUITES 118 ROOMSLOT A KING/KING 2-BDR -MOBILITY ACCESSIBLEW/NON ROLL-IN SHWR308KING 1-BDR310KING STUDIO306KING STUDIO302KING STUDIO304DBL QUEEN STUDIO313KING STUDIO312KING STUDIO314KING 1 BDR316DBL QUEEN 1 BDR315DBL QUEEN 1 BDR317KING 1 BDR318KING STUDIO320DBL QUEEN STUDIO319DBL QUEEN STUDIO -COMMUNICATIONACCESSIBLE321KING STUDIO322KING 1-BDR324DBL QUEEN 1 BDR323DBL QUEEN 1 BDR325KING STUDIO328H.K. / STO.327.1KING STUDIO337KING STUDIO330KING 1-BDR -COMMUNICATIONACCESSIBLE332KING 1-BDR - MOBILITYACCESSIBLE W/NONROLL-IN SHWR334KING STUDIO336KING STUDIO338KING STUDIO340KING STUDIO342KING STUDIO339KING STUDIO341KING STUDIO343SERVICE VESTIBULE398ICE352KING STUDIO345KING STUDIO -COMMUNICATIONACCESSIBLE347DOUBLE QUEEN - MOBILITYACCESSIBLE W/NONROLL-IN SHWR351KING - COMMUNICATIONACCESSIBLE353DOUBLE QUEEN355DOUBLE QUEEN357DOUBLE QUEEN359DOUBLE QUEEN361DOUBLE QUEEN363DOUBLE QUEEN365DOUBLE QUEEN -COMMUNICATIONACCESSIBLE367KING - MOBILITYACCESSIBLE W/NONROLL-IN SHWR369DBL QUEEN371TELECOM370ELECTRICAL368DOUBLE QUEEN373DOUBLE QUEEN375DOUBLE QUEEN377DOUBLE QUEEN379DOUBLE QUEEN381DOUBLE QUEEN383DOUBLE QUEEN385KING384KING382KING380KING378KING376KING374H.K. / STO.364KING362KING360KING358KING356KING354DBL QUEEN387KING389KING391KING - COMMUNICATIONACCESSIBLE393DBL QUEEN STUDIO311DBL QUEEN STUDIO-MOBILITY ACCESSIBLEW/NON ROLL-IN SHWR309ELEV. LOBBY307IT327.3ELEC.303.1H.K. / STO.305IT303.2H.K. / STO.301STAIR #33S3CORRIDOR399ELECTRICAL327.2H.K. / STO350STAIR #13S1STAIR #23S2Sheet Title:Job NumberScaleDrawn:Checked:This Document is the property of Raintree Architectureand is to be used only in connection with theproject named herein. Reproduction, in whole or inpart, shall be allowed only with the express writtenor verbal permission. Drawing scales as shown arevalid on the original size document which is 30 by42 inches. c 2015 Raintree Architecture, Inc.Date:APCHNTECTERUANNRIILGNIOIRTRES#Description:4-30-15 FOR PERMIT ONLY5-29-15 INTERIORS COORDINATION PACKAGEDate:A-006FLOOR PLAN -LEVEL 3SPRINGHILL SUITES/RESIDENCE INN309 CORONADO DRIVECLEARWATER, FLRELEASED FORCONSTRUCTION 10-16-151/16" = 1'-0"A-00611/16" FLOOR PLAN - LEVEL 3LOT ALOT BSPRINGHILL SUITES 115 ROOMSRESIDENCE INN 140 ROOMSBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYPROPOSED(NO CHANGES ON THIS FLOOR)RESIDENCE INN 142 ROOMSSPRINGHILL SUITES 118 ROOMSLOT A KING/KING 2-BDR408KING 1-BDR410DBL QUEEN STUDIO409KING STUDIO -COMMUNICATIONACCESSIBLE412DBL QUEEN STUDIO411KING STUDIO414DBL QUEEN STUDIO413KING 1-BDR416DBL QUEEN 1 BDR -MOBILITY ACCESSIBLEW/NON ROLL-IN SHWR415KING 1-BDR418DBL QUEEN 1 BDR -COMMUNICATIONACCESSIBLE417KING STUDIO420DBL QUEEN STUDIO419KING STUDIO422DBL QUEEN STUDIO421KING 1-BDR424DBL QUEEN 1 BDR423DBL QUEEN 1 BDR425KING STUDIO428H.K. / STO.427.1KING STUDIO430CORRIDOR499KING 1-BDR432KING 1-BDR434KING STUDIO436KING STUDIO438KING STUDIO - MOBILITYACCESSIBLE W/NONROLL-IN SHWR437KING STUDIO440KING STUDIO439KING STUDIO442KING STUDIO441SERVICE VESTIBULE498AKING STUDIO443ICE452KING STUDIO445KING STUDIO447DOUBLE QUEEN - MOBILITYACCESSIBLE W/NONROLL-IN SHWR451ELEVATOR LOBBY495KING - COMMUNICATIONACCESSIBLE453KING454DOUBLE QUEEN455KING456DOUBLE QUEEN457KING458DOUBLE QUEEN459KING460DOUBLE QUEEN461KING462DOUBLE QUEEN463H.K. / STO.464DOUBLE QUEEN465DOUBLE QUEEN -COMMUNICATIONACCESSIBLE467ELECTRICAL468KING - MOBILITYACCESSIBLE W/NONROLL-IN SHWR469TELECOM470DBL QUEEN471DOUBLE QUEEN -COMMUNICATIONACCESSIBLE473KING474DOUBLE QUEEN475KING476DOUBLE QUEEN477KING478DOUBLE QUEEN479KING480DOUBLE QUEEN481KING482DOUBLE QUEEN483KING484DOUBLE QUEEN485CORRIDOR497STAIR #24S2DBL QUEEN487KING489KING491KING - COMMUNICATIONACCESSIBLE493SERVICE ELEVATORS1PASSENGER ELEVATORP2PASSENGER ELEVATORP1STAIR #14S1KING STUDIO406KING STUDIO -COMMUNICATIONACCESSIBLE402STAIR #34S3H.K. / STO.401ELEV. CONTROL ROOM496ELEV. LOBBY407ELEV. CONTROL405KINGSTUDIO404IT403.2ELEC.403.1ELECTRICAL427.2IT427.3H.K. / STO.450Sheet Title:Job NumberScaleDrawn:Checked:This Document is the property of Raintree Architectureand is to be used only in connection with theproject named herein. Reproduction, in whole or inpart, shall be allowed only with the express writtenor verbal permission. Drawing scales as shown arevalid on the original size document which is 30 by42 inches. c 2015 Raintree Architecture, Inc.Date:APCHNTECTERUANNRIILGNIOIRTRES#Description:4-30-15 FOR PERMIT ONLY5-29-15 INTERIORS COORDINATION PACKAGEDate:A-007FLOOR PLAN -LEVEL 4SPRINGHILL SUITES/RESIDENCE INN309 CORONADO DRIVECLEARWATER, FLRELEASED FORCONSTRUCTION 10-16-151/16" = 1'-0"A-00711/16" FLOOR PLAN - LEVEL 4LOT BLOT ARESIDENCE INN 140 ROOMSSPRINGHILL SUITES 115 ROOMSBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYBALCONYPROPOSED(NO CHANGES ON THIS FLOOR)RESIDENCE INN 142 ROOMSSPRINGHILL SUITES 118 ROOMSLOT A 1 Residence Inn Hotel 309 Coronado Drive Narrative – HDA for Lot/Hotel B Request Approval of a Development Agreement for the allocation of two hotel units from the Hotel Density Reserve under Beach by Design to permit a 142-unit Overnight Accommodations use for Lot/Hotel B in the Tourist (T) District, under the provisions of CDC Section 4-606.C.1. Proposal The existing Lot/Hotel B is currently developed with the Residence Inn hotel with 117 hotel rooms. This existing Lot/Hotel B was approved under Case FLD2009-08027 by the Community Development Board (CDB) on November 17, 2009. A Minor Lot Adjustment was approved by the Planning Director on November 10, 2015, reconfiguring the lots for Hotel A and Hotel B and recorded in OR Book 18985, Pages 2354 – 2377. A Unity of Title for the Hotel B lot was recorded in OR Book 18985, Pages 2331 – 2334. A parcel combination was initiated by the Pinellas County Property Appraiser in 2015. A total of 255 units, 7,232 square feet of non-accessory commercial floor area, and 299 parking spaces were constructed under BCP2015-05353 for Hotels A and B. Upon completion of Hotel A and Hotel B in 2017, and then upon subsequent branding of the hotels as Springhill Suites and Residence Inn, respectively, the as-built and branded condition of the hotels did not match the acreage and unit-counts of the original approvals. Therefore, in connection with this HDA application, and a subsequent FLD and minor lot line adjustment, the acreage and unit-counts for both hotels will be clarified and will be consistent with approvals. In other words, the number of hotel units approved for the existing Lot/Hotel B is flipped from that approved for Lot/Hotel A. The proposed lot lines will fix these discrepancies. The new proposed Lot/Hotel B will have 41,249 gross square feet (0.9469 gross acre). Therefore, with these proposed lot lines, this proposed Lot/Hotel B will change the number of existing hotel units for Lot/Hotel B to 140 hotel units. The proposal is to is to add two hotel units to the existing 140-room overnight accommodation use on this proposed Lot/Hotel B, with a reduction to required shared parking from 400 total required spaces based on the Shared Parking provisions of CDC Section 3-1405 to the existing 299 spaces. These two hotel units requested were part of the overall original amount of hotel units approved under DVA2009-00002, DVA2009-00003, FLD2009-08026, and FLD2009-08027 (total of 260 hotel units approved, but only 255 hotel units constructed in 2015). The five hotel units were returned to the Hotel Density Reserve when the Certificate of Occupancy was granted in 2017. This proposal is to gain back those five overall hotel units lost. The proposed two hotel units for Lot/Hotel B will be constructed in the interior of the existing hotel building on Level 4 by reconfiguring common space or by eliminating accessory use floor area. The proposed density/intensity for Lot/Hotel B is discussed below under the Density and Floor Area Ratio (FAR) section below. This site is located within the area designated by Beach by Design as the Small Motel District. Beach by Design identifies this area as an area of potential revitalization through land assemblage and renovation in response to improving conditions on the balance of Clearwater Beach. Beach by Design recognizes that the condition of the existing and older small motels is not the “highest and best” use of these properties without significant property assembly providing for new development. This site is within the heart of the 2 tourist area and an area of intense redevelopment. Development of Hotels A and B accomplished significant land assemblage. The Hyatt Hotel and Surfstyle developments are directly across Coronado Drive from the subject property, each including parking garages with hundreds of public parking spaces. The City has demonstrated through the creation of Beach by Design that it recognizes the need for pedestrian-friendly development in order to create a vibrant active resort and waterfront destination serving tourists and locals alike. It is understood that this broad range of uses contribute to the creation of the unique character and atmosphere that is Clearwater Beach. Site Location and Existing Conditions The original, approved Lot/Hotel B is 0.8211 gross acre (35,767 gross square footage), currently developed with an existing Residence Inn Hotel with 117 hotel rooms. Originally, Lot/Hotel B, approved under Case FLD2009-08027 by the Community Development Board (CDB) on November 17, 2009, was approved with 118 rooms and 1,335 square feet of non-accessory retail sales floor area on 0.82 acres. Lot/Hotel B received 79 rooms from the Hotel Density Reserve, approved under Cases DVA2009-00003. Combined, Hotels A and B under prior approvals, provided for 260 rooms, 2,750 square feet of restaurant floor area, 5,235 square feet of retail sales floor area (total non-accessory commercial floor area of 7,985 square feet), and 302 parking spaces. Also, Case FLD2009-09036 was approved on November 30, 2009, for a commercial dock for 18 slips totally 2,592.7 square feet, as accessory to the upland hotels. While time extensions were approved by the Planning Director and the CDB, the approval of these docks expired and was never constructed. A First Minor Revision was approved by the Planning Director on November 18, 2014, to permit minor revisions to the overall building footprint and building facades. A Second Minor Revision was approved by the Planning Director on June 16, 2015, to permit minor revisions to the building footprint and building facades, along with minor revisions to the amount and location of landscape materials. A Minor Lot Adjustment was approved by the Planning Director on November 10, 2015, reconfiguring the lots for Hotel A and Hotel B and recorded in OR Book 18985, Pages 2354 – 2377. A Unity of Title for the Hotel B lot was recorded in OR Book 18985, Pages 2331 – 2334. Building Permit BCP2015- 05353 was issued to construct Hotels A and B for a combined 255 rooms, 7,232 square feet of non- accessory commercial floor area, and 299 parking spaces for the overall Hotels A and B site, with a Certificate of Occupancy issued August 30, 2017. A Third Minor Revision was approved by the Planning Director on August 30, 2019, increasing the total restaurant floor area to 5,941 square feet and decreasing the total retail sales floor area to 1,291 square feet within the existing 7,232 square feet of existing non- accessory commercial floor area. The subject property is zoned Tourist (T) District with a Future Land Use Plan (FLUP) category of Resort Facilities High (RFH) and is located in the Small Motel District of Beach by Design. Compliance with the Flexible Development Standards of CDC Table 2-803 and other CDC Requirements Density and Floor Area Ratio (FAR) – With the land area under the approved FLD2009-08026, Lot/Hotel A was approved for a total of 142 overnight accommodation units, including the allocation of 95 units from the Hotel Density Reserve (DVA2009-00002), 2,750 square feet of restaurant floor area, and 3,900 square feet of retail sales floor area. With the land area under the approved FLD2009-08027, Lot/Hotel B was approved for a total of 118 overnight accommodation units, including the allocation of 79 units from the Hotel Density Reserve (DVA2009-00003), and 1,335 square feet of retail sales floor area. Combined, Lots/Hotels A and B were approved for a total of 260 overnight accommodation units, 2,750 square feet of restaurant floor area, and 5,235 square feet of retail sales floor area (combined 7,985 square feet of non-accessory commercial floor area). Lots/Hotels A and B were approved also with a combined total of 302 parking spaces, under the Shared Parking calculation under CDC Section 3-1405, included under a 3 parking reduction. Under BCP2015-05353 issued by the City’s Planning and Development Department, the combined Lots/Hotels A and B constructed a total of 255 overnight accommodation units, 7,232 square feet of non-accessory commercial floor area, and 299 parking spaces. This construction represented a reduction of five overnight accommodation units, 753 square feet of non-accessory commercial floor area, and three parking spaces. The 1,335 square feet of retail floor area approved for Lot/Hotel B was also relocated to be on the Lot/Hotel A parcel under BCP2015-05353. This proposal corrects the density/floor area ratio created under the approval of BCP2015-05353. The proposed Lot/Hotel B will have 41,249 gross square feet (0.9469 gross acre) and the number of existing hotel units for proposed Lot/Hotel B will be 140 hotel units. The proposed Lot/Hotel B does not have any non-accessory commercial floor area, but is solely hotel units, where the net lot square footage remains the same as the gross lot square footage. At the maximum allowable density by Beach by Design of 150 units/acre and the 0.9469 net acre, a maximum of 142 hotel units is permissible. Originally there were 118 hotel units permitted in 2009. While the original overall approval included 260 hotel units, overall only 255 hotel units were constructed, including 118 hotel units on the Lot/Hotel B site. With the 140 hotel units constructed on the new proposed Lot/Hotel B site and based on the 0.9469 net acre, the existing density is 147.85 units/net acre. Adding the proposed two hotel units to this new proposed Lot/Hotel B will increase the total number of hotel units to 142, with a proposed density of 149.96 units/net acre, still below the maximum allowable density of 150 units/acre. As such, the overall proposed density of 149.96 units/net acre meets the maximum density/intensity standards established in Beach by Design for projects that have acquired units from the Hotel Density Reserve. Impervious Surface Ratio (ISR): Pursuant to CDC Section 2-801.1, the maximum allowable ISR is 0.95. The existing/proposed ISR for the proposed Lot/Hotel B is 0.75, which is still consistent with the Code provisions. There are no proposed changes to the impervious surfaces on proposed Lot/Hotel B. Minimum Lot Area and Width – The minimum lot area for an overnight accommodation use is 10,000 – 20,000 square feet, pursuant to CDC Table 2-803. The 41,249 gross square feet (0.9469 gross acre) for the proposed Lot/Hotel B greatly exceeds the lot area requirements of this standard for overnight accommodations. The minimum lot width for an overnight accommodation use is 100 – 150 feet, pursuant to CDC Table 2-803. The existing Lot/Hotel B, based on the recorded Minor Lot Adjustment and Unity of Title, has a lot width of 313.78 feet along Hamden Drive. The proposed new lot width along Hamden Drive for proposed Lot/Hotel B is 253 feet, which still greatly exceeds the lot width requirements of this standard for overnight accommodations. Minimum Setbacks and Stepbacks – The setbacks for an overnight accommodation use pursuant to CDC Table 2-803 are a minimum front setback of 0 – 15 feet, a minimum side setback of 0 – 10 feet and a minimum rear setback of 0 – 20 feet. A companion FLD application for Lot/Hotel B is being reviewed by the CDB as a Comprehensive Infill Redevelopment Project, primarily due to the reduction to required parking request. As a Comprehensive Infill Redevelopment Project, there are no setbacks required, but the proposed setbacks are to be set out in the application. There are also no distinct setbacks set forth for the Small Hotel District in Beach by Design. The hotel building has been constructed in accordance with the setbacks approved in the original approval under FLD2009-08027 and there are no requested changes. Maximum Height – The approved and now existing building height for Hotel B was 84 feet (from BFE to flat roof) and 99.5 feet (to top of architectural embellishments). The constructed building height is 74’-0”. There are no proposed changes to this approved and constructed hotel building height. 4 Minimum Off-Street Parking – The original approvals in 2009 for Hotels A and B provided 302 parking spaces for the combined total of 260 hotel units, 2,750 square feet of restaurant floor area, 5,235 square feet of retail sales floor area (total non-accessory commercial floor area of 7,985 square feet). There were 299 total parking spaces constructed under BCP2015-05353 issued by the City’s Planning and Development Department. Under the approvals of FLD2009-08026 and FLD2009-08027 for Hotels A and B, when all uses were taken into account for required parking (hotels, retail sales, and restaurants) and the Shared Parking calculation of CDC Section 3-1405 was applied, the required parking totaled 376 parking spaces. A Parking Demand Study submitted with FLD2009-08026 and FLD2009-08027 justified the reduction to the approved 302 spaces. Building Permit BCP2015-05353 was issued to construct Hotels A and B for a combined 255 rooms, 7,232 square feet of commercial floor area, and 299 parking spaces for the overall Hotels A and B site. The proposals for Lot/Hotel A and Lot/Hotel B include adding five hotel units to the 255 units constructed (proposed total of 260 units; same as the original approvals) and to permit all existing 7,232 square feet of non-accessory commercial floor area to be able to have restaurant uses (or allowable uses with a similar 12 parking spaces/1,000 square feet or a lesser parking requirement to allow flexibility for leasing of the commercial tenant units), along with the 20 slip marina recently approved under FLD2009-08026A and FLD2009-08027A (which requires a maximum of 10 parking spaces), a new Shared Parking calculation under CDC Section 3-1405 indicates a total of 400 spaces required for all existing or proposed uses. It is noted there is no additional parking required for the proposed outdoor seating patios, in accordance with CDC Section 3-204.E. These existing or proposed changes under this proposal represents an increase in required parking of 24 parking spaces, reflecting only a 6.38% increase over that required in 2009. Today, there are hundreds of public parking spaces available in the Hyatt Hotel and in the Surfstyle parking garages, where both garages are located directly across Coronado Drive from this site. A new Parking Analysis has been provided with the companion FLD application to be considered by the CDB justifying the requested reduction from 400 spaces required to the existing 299 parking spaces. Mechanical Equipment – There is no additional mechanical equipment proposed with this proposal to add two hotel units. Sight Visibility Triangles – CDC Section 3-904.A restricts structures and landscaping which will obstruct views at a level of 30 inches and eight feet above grade within 20-foot sight visibility triangles at driveways and street intersections. There are two-way driveways existing on Coronado Drive and Hamden Drive. The proposal to add two hotel units on the Lot/Hotel B parcel internally to the existing building will not impact sight visibility for drivers or pedestrians. Utilities – For development that does not involve a subdivision, CDC Section 3-912 requires all utilities including individual distribution lines to be installed underground unless such undergrounding is not practicable. There are existing overhead utilities along the site frontage of the east side of Hamden Drive. The Development Orders for Hotels A and B required the undergrounding of these existing overhead utilities. The owners desired to underground these utilities previously, but were told they could not. These overhead utilities should be undergrounded at a future time when the City determines to underground these utilities in a coordinated project along all of Hamden Drive and assess the abutting property owners for the costs associated. The proposal to add two hotel units to the Lot/Hotel B parcel internally on the fourth floor lobby level will not impact existing utilities. Landscaping – The site was landscaped in accordance with approved plans when the hotel building was constructed in 2015. There are no proposed changes to the existing landscaping on the proposed Lot/Hotel B property with this proposal. 5 Solid Waste – The site has an existing roll-off dumpster located within a dumpster room/delivery area on the north side of the building with a garage door. This existing dumpster capacity is sufficient for all users on site. The proposal to add two hotel units internally to Lot/Hotel B will not impact this existing dumpster. Signage – There is only attached signage existing on-site. Commercial tenants have only attached signage through a Comprehensive Sign Program. The proposal to add two hotel units internally to Lot/Hotel B will not impact existing signage. 1 Residence Inn Hotel 309 Coronado Drive Responses to Beach by Design Design Guidelines Criteria – HDA for Lot/Hotel B Conformance with the Design Guidelines, intended to be administered in a flexible manner to achieve the highest quality built environment for Clearwater Beach, is discussed below. The Design Guidelines are not intended to serve as regulations requiring specific relief, except with regard to building height and spacing between buildings exceeding 100 feet in height. This project lies within the Old Florida District of Beach by Design, where the development requirements set forth in the Old Florida District supersede any conflicting standards in the Design Guidelines and the Community Development Code (CDC). Section A – Density Design Response: With the land area under the approved FLD2009-08026, Lot/Hotel A was approved for a total of 142 overnight accommodation units, including the allocation of 95 units from the Hotel Density Reserve (DVA2009-00002), 2,750 square feet of restaurant floor area, and 3,900 square feet of retail sales floor area. With the land area under the approved FLD2009-08027, Lot/Hotel B was approved for a total of 118 overnight accommodation units, including the allocation of 79 units from the Hotel Density Reserve (DVA2009-00003), and 1,335 square feet of retail sales floor area. Combined, Lots/Hotels A and B were approved for a total of 260 overnight accommodation units, 2,750 square feet of restaurant floor area, and 5,235 square feet of retail sales floor area (combined 7,985 square feet of non-accessory commercial floor area). Lots/Hotels A and B were approved also with a combined total of 302 parking spaces, under the Shared Parking calculation under CDC Section 3-1405, included under a parking reduction. Under BCP2015-05353 issued by the City’s Planning and Development Department, the combined Lots/Hotels A and B constructed a total of 255 overnight accommodation units, 7,232 square feet of non-accessory commercial floor area, and 299 parking spaces. This construction represented a reduction of five overnight accommodation units, 753 square feet of non-accessory commercial floor area, and three parking spaces. The 1,335 square feet of retail floor area approved for Lot/Hotel B was also relocated to be on the Lot/Hotel A parcel under BCP2015-05353. This narrative clarifies the density/floor area ratio created under the approval of BCP2015-05353. The proposed Lot/Hotel B will have 41,249 gross square feet (0.9469 gross acre) and the number of existing hotel units for proposed Lot/Hotel B will be 140 hotel units. The proposed Lot/Hotel B does not have any non-accessory commercial floor area, solely hotel units, where the net lot square footage remains the same as the gross lot square footage. At the maximum allowable density by Beach by Design of 150 units/acre and the 0.9469 net acre, a maximum of 142 hotel units is permissible. Originally there were 118 hotel units permitted in 2009. While the original overall approval included 260 hotel units, overall only 255 hotel units were constructed, including 118 hotel units on the Lot/Hotel B site. With the 140 hotel units constructed on the new proposed Lot/Hotel B site and based on the 0.9469 net acre, the existing density is 147.85 units/net acre. Adding the proposed two hotel units to this new proposed Lot/Hotel B will increase the total number of hotel units to 142, with a proposed density of 149.96 units/net acre, still below the maximum allowable density of 150 units/acre. As such, the overall proposed density of 149.96 units/net acre meets the maximum density/intensity standards established in Beach by Design for projects that have acquired units from the Hotel Density Reserve. Section B – Height and Separation 2 Design Response: Section B.1 – Height The Design Guidelines provide that a height up to 150 feet may be permitted where additional density is allocated to the development either by TDRs, or via the Destination Resort Density Pool, or via the Hotel Density Reserve with location standards. The approved building height for Hotel B was 84 feet (from BFE to flat roof) and 99.5 feet (to top of architectural embellishments). The constructed building height is 74’- 0”. The existing hotel met the requirements of this Guideline when approved in 2009, when the building permit was issued in 2015 and when the Certificate of Occupancy was issued in August 2017. Therefore, this Guideline is not applicable to the proposal. Section B.2 – Separation The Design Guidelines require that portions of any structures which exceed 100 feet in height are spaced at least 100 feet apart and also provide for overall separation requirements for all buildings which exceed 100 feet in height. The approved building height for Hotel B was 84 feet (from BFE to flat roof) and 99.5 feet (to top of architectural embellishments). The constructed building height is 74’-0”. The existing hotel met the requirements of this Guideline when approved in 2009, when the building permit was issued in 2015 and when the Certificate of Occupancy was issued in August 2017. Therefore, this Guideline is not applicable to the proposal. Section B.3 – Floor Plate The Design Guidelines require the floorplate of any building exceeding 45 feet in height, with the exception of parking levels, be no greater than 25,000 square feet and also requires reduced floorplates exceeding 100 feet in height. The existing hotel met the requirements of this Guideline when approved in 2009, when the building permit was issued in 2015 and when the Certificate of Occupancy was issued in August 2017. Therefore, this Guideline is not applicable to the proposal. Section C – Design, Scale and Building Mass Design Response: Section C.1 – Building Dimensions The Design Guidelines require buildings with a footprint of greater than 5,000 square feet or a single dimension greater than 100 feet be constructed so that no more than the two of the three building dimensions in the vertical or horizontal planes are equal in length. The existing hotel met the requirements of this Guideline when approved in 2009, when the building permit was issued in 2015 and when the Certificate of Occupancy was issued in August 2017. Therefore, this Guideline is not applicable to the proposal. Section C.2 – Building Plane Length The Design Guidelines require no plane or elevation to continue uninterrupted for greater than 100 feet without an offset of more than 100 feet. The existing hotel met the requirements of this Guideline when approved in 2009, when the building permit was issued in 2015 and when the Certificate of Occupancy was issued in August 2017. Therefore, this Guideline is not applicable to the proposal. Section C.3 – Windows and Building Decoration 3 The Design Guidelines require at least 60 percent of any elevation to be covered with windows or architectural decoration. The existing hotel met the requirements of this Guideline when approved in 2009, when the building permit was issued in 2015 and when the Certificate of Occupancy was issued in August 2017. Therefore, this Guideline is not applicable to the proposal. Section C.4 – Building Envelope The Design Guidelines provides that no more than 60 percent of the theoretical maximum building envelope located above 45 feet will be occupied by a building. The existing hotel met the requirements of this Guideline when approved in 2009, when the building permit was issued in 2015 and when the Certificate of Occupancy was issued in August 2017. Therefore, this Guideline is not applicable to the proposal. Section C.5 – Building Height and Mass Correlation The Design Guidelines require that the height and mass of buildings be correlated to: (1) the dimensional aspects of the parcel and (2) adjacent public spaces such as streets and parks. The existing hotel met the requirements of this Guideline when approved in 2009, when the building permit was issued in 2015 and when the Certificate of Occupancy was issued in August 2017. Therefore, this Guideline is not applicable to the proposal. Section C.6 – Mix of Uses The Design Guidelines permit buildings to be designed for a vertical or horizontal mix of permitted uses. The existing building for proposed Lot/Hotel B is now solely a proposed 142 units of an overnight accommodation use. Therefore, this provision is supported by this proposal. Section D – Setbacks and Stepbacks Design Response: Section D.1 – Rights-of-way The Design Guidelines provide for the distances from structures to the edge of the right-of-way should be 12 feet along local streets. The existing hotel met the requirements of this Guideline when approved in 2009, when the building permit was issued in 2015 and when the Certificate of Occupancy was issued in August 2017. The setbacks for an overnight accommodation use pursuant to CDC Table 2-803 are a minimum front setback of 0 – 15 feet, a minimum side setback of 0 – 10 feet and a minimum rear setback of 0 – 20 feet. This application is being processed as a Comprehensive Infill Redevelopment Project, primarily due to the reduction to the required parking request. As a Comprehensive Infill Redevelopment Project, there are no setbacks required, but the proposed setbacks are to be set out in the application. There are also no distinct setbacks set forth for the Small Hotel District in Beach by Design. The Design Guidelines provide for the distances from structures to the edge of the right-of-way should be 12 feet along local streets. The hotel building has been constructed in accordance with the setbacks approved in the original approvals under FLD2009-08027 and there are no requested changes. The proposal to add two hotel units internally will not impact existing setbacks. Therefore, this provision is supported by this proposal. Section D.2 – Side and Rear Setbacks The Design Guidelines provide that, except for the side and rear setbacks set forth elsewhere in Beach by Design, no side or rear setback lines are recommended, except as may be required to comply with the City’s Fire Code. The existing hotel met the requirements of this Guideline when approved in 2009, when 4 the building permit was issued in 2015 and when the Certificate of Occupancy was issued in August 2017. The proposal to add two hotel units internally will not impact existing setbacks. Therefore, this Guideline is not applicable to the proposal. Section D.3 – Coronado Drive Setbacks and Stepbacks The Design Guidelines address setbacks and stepbacks along Coronado and Hamden Drives for projects utilizing the hotel density reserve to reduce upper story massing along the street and ensure a human scale street environment. The existing hotel met the requirements of this Guideline when approved in 2009, when the building permit was issued in 2015 and when the Certificate of Occupancy was issued in August 2017. Existing/proposed Lot/Hotel B does not have any frontage on Coronado Drive. Therefore this Guideline is not applicable to the proposal. Section E – Street-Level Facades Design Response: Section E.1 – Openness The Design Guidelines require at least 60 percent of the street level facades of buildings used for nonresidential purposes which abut a public street or pedestrian access way will include windows or doors that allow pedestrians to see into the building, or landscaped or hardscaped courtyards or plazas. In addition, parking structures should utilize architectural details and design elements such as false recessed windows, arches, planter boxes, metal grillwork, etc. instead of transparent alternatives. When a parking garage abuts a public road, it will be designed such that the function of the building is not readily apparent except at points of ingress and egress. The existing hotel met the requirements of this Guideline when approved in 2009, when the building permit was issued in 2015 and when the Certificate of Occupancy was issued in August 2017. The proposal to add two hotel units internally will not impact this openness guideline. Therefore this Guideline is not applicable to the proposal. Section E.2 – Window Coverage The Design Guidelines provide that window coverings or other opaque materials may cover no more than 10 percent of the area of any street-level window that fronts on a public right-of-way. The existing hotel met the requirements of this Guideline when approved in 2009, when the building permit was issued in 2015 and when the Certificate of Occupancy was issued in August 2017. The proposal to add two hotel units internally will not impact this window coverage guideline. Therefore this Guideline is not applicable to the proposal. Section E.3 – Building Entrances The Design Guidelines require that building entrances should be aesthetically inviting and easily identified. The entrance to the hotel and all commercial tenant spaces on the existing/proposed Lot/Hotel A site are easily identified and are aesthetically inviting. Therefore, this provision is supported by this proposal. Section F – Parking Areas Design Response: The Design Guidelines address issues related to parking areas and the screening of such. The existing hotel met the requirements of this Guideline when approved in 2009, when the building permit was issued in 2015 and when the Certificate of Occupancy was issued in August 2017. The proposal to add two hotel 5 units internally will not impact this parking design guideline. Therefore this Guideline is not applicable to the proposal. Section G – Signage Design Response: The Design Guidelines address issues related to signage. Only attached signage is anticipated with this development. It is the applicant’s belief that a Comprehensive Sign Program has been utilized in the permitting of signage for the hotel and the commercial tenant spaces. Section H – Sidewalks Design Response: The Design Guidelines address issues related to sidewalks and provides that all sidewalks along arterials and retail streets should be at least 10 feet in width and requires palm trees with at least an eight-foot clear trunk to be planted at a maximum of 35-foot centers. There is no discussion regarding local streets. The existing hotel met the requirements of this Guideline when approved in 2009, when the building permit was issued in 2015 and when the Certificate of Occupancy was issued in August 2017. The proposal to add two hotel units internally will not impact this sidewalk guideline. Therefore this Guideline is not applicable to the proposal. Section I – Street Furniture and Bicycle Racks Design Response: The Design Guidelines address issues related to street furniture and bicycle racks. The existing hotel met the requirements of this Guideline when approved in 2009, when the building permit was issued in 2015 and when the Certificate of Occupancy was issued in August 2017. The proposal to add two hotel units internally will not impact this street furniture and bicycle rack guideline. Therefore this Guideline is not applicable to the proposal. Section J – Street Lighting Design Response: The Design Guidelines address issues related to street lighting. The existing hotel met the requirements of this Guideline when approved in 2009, when the building permit was issued in 2015 and when the Certificate of Occupancy was issued in August 2017. The proposal to add two hotel units internally will not impact this street lighting guideline. Therefore this Guideline is not applicable to the proposal. Section K – Fountains Design Response: The Design Guidelines address issues related to fountains. The existing hotel met the requirements of this Guideline when approved in 2009, when the building permit was issued in 2015 and when the Certificate 6 of Occupancy was issued in August 2017. The proposal to add two hotel units internally will not impact this fountain guideline. Therefore this Guideline is not applicable to the proposal. Section L – Materials and Color Design Response: The Design Guidelines address issues related to materials and color. The existing hotel met the requirements of this Guideline when approved in 2009, when the building permit was issued in 2015 and when the Certificate of Occupancy was issued in August 2017. The proposal to add two hotel units internally will not impact this material and color guideline. Therefore this Guideline is not applicable to the proposal. DENSITY/INTENSITY CALCULATIONS FOR PROPOSED LOT/HOTEL B – HDA & FLD JULY 30, 2020 (Residence Inn Hotel) The proposed lot lines do not split individual hotel units AND the proposed lot lines are aligned with the branded hotel units for the appropriate lot (as well as aligned with the existing Business Tax Receipts (BTRs). The proposed lot lines generally follow the outside building edge of the hotel (and balconies), and cut through the interior of the building through common areas (parking decks, back of house areas, fourth floor lobby, and hallways. Proposed Gross Lot Square Footage and Gross Lot Area Parcel B1 - 38,800 square feet (0.8907 acre) Parcel B2 - 2,449 square feet (0.0562 acre) (area east of Hamden Drive) TOTAL GROSS 41,249 square feet (0.9469 gross acre) (Note: FLD2009-08027 used 35,730.06 sf; 0.82 acre) Proposed Density Gross Lot Square Footage 41,249 square feet (Note: FLD2009-08027 used 35,730.06 sf) Non-accessory Commercial Floor Area - 0 square feet (Note: FLD2009-08027 used 1,335 sf) Net square footage 41,249 square feet (Note: FLD2009-08027 used 34,395.06 sf) Net acreage 0.9469 net acre (Note: FLD2009-08027 used 0.7896 net acre) 0.9469 net acre x 50 units/acre 47.345 units allowed; rounds down to 47 units allowed normally (Note: FLD2009-08027 used 39 units allowed) 0.9469 net acre x 150 units/acre 142.035 units allowed; rounds down to 142 units allowed by Beach by Design (Note: FLD2009-08027 used 118 units permissible) Proposed maximum units that can be requested from the Hotel Density Reserve 142 units – 47 units = 95 units maximum (Note: FLD2009-08027 used 118 units – 39 units = 79 units maximum could be requested; proposal requested and allocated 79 units) FLD2009-08027 approved for 118 units (39 units allowed, with 79 units allocated from Hotel Density Reserve). Under this proposal, based on the proposed changed conditions of lot line locations, gross lot area, non- accessory commercial floor area, and net lot area, Lot/Hotel B is allowed a maximum of 142 units, where a maximum of 95 units could be allocated from the Hotel Density Reserve. Hotel units constructed/existing on the proposed Lot/Hotel B under this proposal is 140 units and the proposed density is 147.85 units/net acre. The proposed Floor Area Ratio (FAR) is 0.0. The proposed density/intensity is in compliance with standards established in Beach by Design of a maximum of 150 units/acre and 1.0 FAR. The addition of two units (due to space limitations in the existing building, based on the architect’s plans) under the proposed HDA and FLD applications for proposed Lot/Hotel B will increase the proposed number of hotel units to 142 units, with a proposed density of 149.96 units/net acre, in compliance with the maximum allowed density of 150 units/acre. The proposed Floor Area Ratio (FAR) is still 0.0. Resolution No. 20-40 RESOLUTION NO. 20-40 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CLEARWATER AND KEY CLEARWATER, LLC; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater is desirous of entering into a development agreement with KEY CLEARWATER, LLC; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Development Agreement between the City of Clearwater and KEY CLEARWATER, LLC, a copy of which is attached as Exhibit “A,” is hereby approved. Section 2. This resolution shall take effect immediately upon adoption. Section 3. The City Clerk is directed to submit a recorded copy of the Development Agreement to the state land planning agency no later than fourteen (14) days after the Development Agreement is recorded. PASSED AND ADOPTED this _______ day of _____________, 2020. ____________________________ Frank Hibbard Mayor Approved as to form: Attest: __________________________ _____________________________ Michael P. Fuino Rosemarie Call Assistant City Attorney City Clerk Address of Receiving Property Rooms Allocated Total Rooms Proposed Total Rooms Built Acreage Units / Acre Rooms per Base Density CDB Meeting City Council Approval Site Plan Approval Needed by Final Project Expiration Case Number Planner Notes 101 Coronado Drive (Pier 60 Hotel)72 108 108 0.72 150.00 36 5/19/2009 8/6/2009 Constructed Constructed FLD2009- 03013 / DVA2009- 00001 Wells Permit Status is completed. BCP2011-02294; BTR issued: BTR-0030708; 108 units; DBPR# HOT6215786 619 S. Gulfview Boulevard (Shephard's) 42 160 160 2.37 67.51 118 11/17/2009 12/17/2009 Constructed Constructed FLD2008- 12033 / DVA2008- 00002 Wells Allocated rooms reduced from 68 to 42 - minor revision on July 6, 2011; Permit Status is completed. BCP2011-09106/BCP2013-02542; BTR- 9005301: 160 units (140 units in system; need to change; sent email to Brenda checked against permits to verify); DBPR MOT6203452 655 S. Gulfview Boulevard (Hampton Inn / Quality Inn): (Hampton Inn: 635 Gulfview; Quality Inn: 655 Gulview)90 181 181 1.44 125.96 71 N/A 4/16/2014 Constructed 2/6/2017 DVA2013- 03001 / HDA2014- 02001 / FLD2013- 03011 / FLD2014- 03007 Nurnberger BCP2014-06256 - issued 12/17/2014 / BCP2014-07307 - issued 02/06/2015; Permit Status is completed. BTR9021241 - QUALITY INN: 91 units; DBPR #MOT6205082; BTR-0038694 - HAMPTON INN & SUITES; DBPR LIC # HOT6215807; 90 units (91 units in system - need to change, sent Brenda an email); Total units: 182 316 Hamden Drive (Hotel B) 79 units allocated; 118 units proposed; 39 units base density; 0.82 acres 300 Hamden Drive (Hotel A) 95 units allocated; 142 units proposed; 47 units base density; 1.10 acres 521 South Gulfview Boulevard (Entrada)30 344 344 3.908 88.02 314 N/A 6/19/2014 Constructed 5/24/2015 HDA2014- 04002 / FLD2013- 11038 / FLD2014- 06019 Parry site plan as related to HDA214-04002 approved as part of FLD2013- 11038. New site plan approval request to accommodated approved units as part of the HDA - FLD2014-06019 - approved; BCP2014-11452 issued 08/07/2015; Permit Status is completed. BTR-0024076 - HOLIDAY INN HOTEL & SUITES: 189 units; BTR-0036443 - EDGE HOTEL: 155 units (173 in system - need to change to 155 - sent email to Brenda; checked against permits to verify); Total units: 362 units 650 Bay Esplanade (DeNunzio Hotel)55 102 102 0.95 107.37 47 6/18/2013 7/19/2013 Constructed 6/23/2017 DVA2013- 02001 / FLS2013- 02006 Nurnberger Per 6.1.3.2 of the DVA - The Developer shall obtain permits and commenced construction on the development within four (4) years from the effective date of this Agreement (approx 7/19/17). BCP2015-10210 - issued 12/10/2015 and is Completed; BCP2016-01459 - issued 03-29- 2016 and is Completed. BTR-0036580 - FAIRFIELD INN AND SUITES BY MARRIOTT: 102 units Total Rooms Allocated from Reserve 463 Total Rooms Proposed 1,155 Total Rooms Built 1,150 Address of Receiving Property Rooms Allocated Total Rooms Proposed Acreage Units / Acre Rooms per Base Density CDB Meeting City Council Approval Site Plan Approval Needed by Final Project Expiration Case Number Planner 443 East Shore Drive (Courtyard by Marriott)139 110.32 6/19/2012 7/19/2012 5/26/2019 5/26/2019 FLD2012-03008 / DVA2012-03001 Jackson 443 East Shore Drive (Courtyard by Marriott) 1st amendment 144 114.29 12/18/2019 1/17/2019 1/17/2020 1/17/2020 FLD2012-03008A Teft 325 South Gulfview Boulevard (Parcel A)100 180 1.60 112.50 80 N/A 6/4/2014 1/4/2021 1/4/2021 HDA2013-08004 / FLD2014-12034 Parry 353 Coronado Drive (Parcel B) (345 Coronado also 395 Coronado)96 144 0.962 149.69 48 N/A 6/19/2014 6/14/2020 6/14/2020 HDA2013-08005 / FLD2015-02005 Parry 405 Coronado Drive (Parcel C)100 166 1.32 125.76 66 N/A 9/18/2014 12/12/2021 12/12/2021 HDA2013-08006 / FLD2015-05016 Parry 401 (421) South Gulfview Boulevard (Alanik)9/18/2014 9/18/2015*9/18/2015*HDA2014-06004 Parry 401 (421) South Gulfview Boulevard (Alanik) 1st Amendment 8/20/2015 8/16/2021 8/16/2021 HDA2015-06001/FLD2015-09036 Parry 401 (421) South Gulfview Boulevard (Alanik) 2nd Amendment 248 2.146 114.00 107 N/A TBD TBD TBD HDA2014-06004A Parry 40 Devon Drive (Sea Captain)10/15/2014 2/8/2021 2/8/2021 HDA2014-07004 / FLD2015-02006 Jackson 40 Devon Drive (Sea Captain) 1st Amendment TBD TBD TBD HDA2014-07004A / FLD2015-02006A Parry 630 South Gulfview Boulevard (Captain Bligh)100 159 1.19 133.61 59 N/A 11/20/2014 11/28/2018 11/28/2018 HDA2014-08007 / FLD2015-02004 Parry HOTEL DENSITY RESERVE PROJECTS - UNDER CONSTRUCTION / CONSTRUCTED N/A98117.001.953227 71 1.26 68 11/17/200939135.421.92255260174 HOTEL DENSITY RESERVE PROJECTS - APPROVED N/A32148.700.65998 6/13/2015Constructed12/17/2009 DVA2009- 00002 / FLD2009- 08026; DVA2009- 00003 / FLD2009- 08027 (see also FLD2019- 11030) 66 100 BCP2015-01211 issued 11-13-2015; Permit Status is completed. BTR- 0037618 for 140 units (Residence Inn); BTR-0037619 for 115 units (Springhill Suites) Wells FLD2012-03008 approved; time extension granted 04-13-2020: permit expiration is 05- 18-2021; BCP2014-08618 issued 08/13/2015; Permit Status is Active. Two TDR applications filed on 10-03-2018 (TDR2018-10002 and 10001) which will transfer five hotel units to the site. The total proposed room count has been updated to include these units. An amendment to the original Development Agreement (listed to the left and given the case file number of HDA2012-03001A) was also submitted as was as an amendment to the approved FLD application (noted to the left and given the case file number of FLD2012-03008A). Notes FLD2015-02005 approved; time extension granted 04-13-2019: site plan expiration is 01- 29-2021; BCP2019-040024 listed as "active" as of 08-07-2020; BCP2019-110486 listed as "active" as of 08-07-2020. FLD2014-12034 approved; time extension granted 04-13-2020: site plan expiration is 04- 26-2024; BCP not submitted as of 01-08-2020 Site plan approved; see comments above for permitting and other information. FLD2015-09036 approved; time extension granted 10-17-2019; site plan expiration is 06- 11-2021; BCP not submitted as of 01-08-2020 * The applicant changed the site plan amending the Dev. Agrmt. resulting in a new site plan approval reqm't and Dev. Agrmt expiration dates. FLD2015-05016 approved; time extension granted 04-21-2020; site plan expiration is 10- 11-2022; BCP not submitted as of 08-07-2020 FLD2015-02004 approved; time extension granted 05-31-2019; site plan expiration is 02- 27-2022; BCP not submitted as of 01-08-2020 The amendment includes a minor amendment to the hotel building essentially lowering the overall height and adding a detached dwelling on the portion of the site withinthe LMDR District. FLD2015-02006 approved; time extension granted 07-31-2017; site plan expiration is 02- 08-2021; BCP not submitted as of 01-08-2020. HDA approved at 11-21-2019 cuncil meeting; The amendment to the FLD application has not been submitted. 691 S. Gulfview Boulevard (the Views)92 202 1.35 149.97 67 N/A 10/16/2013 10/22/2021 10/22/2021 HDA2013-08001 / FLD2013-08028 Nurnberger 715 South Gulfview Boulevard 93 208 2.313 89.93 115 N/A 2/20/2014 2/20/2022 2/20/2022 HDA2013-12008 / FLD2014-11031 Parry 355 South Gulfview Boulevard 59 88 0.59 149.15 29 N/A 7/20/2017 7/20/2018 12/7/2020 HDA2017-04001 / FLD2017-07012 / APP2017-00001 Parry 657 Bay Esplanade 10 27 0.35 77.14 17 8/14/2018 9/11/2018 9/11/2019 9/11/2019 HDA2018-04001 / FLD2018-05012 Parry 850 Bayway 27 60 0.661 90.77 33 N/A 2/7/2019 2/7/2020 2/7/2020 HDA2018-10002 Parry 405/408/409/411 East Shore Drive 8 75 1.11 67.57 55.5 N/A 7/18/2019 7/18/2020 7/18/2020 HDA2019-03001 Parry Total Rooms Allocated from Reserve 922 Total Rooms Proposed 2,165 Address of Receiving Property Rooms Allocated Total Rooms Proposed Acreage Units / Acre Rooms per Base Density CDB Meeting City Council Approval Site Plan Approval Needed by Final Project Expiration Case Number Planner 309 Coronado (Parcel/Hotel A)3 118 0.9795 120.47 48 N/A TBD TBD TBD HDA2020-08003 Parry 309 Coronado (Parcel/Hotel B)2 142 0.9469 149.96 47 N/A TBD TBD TBD HDA2020-04002 Parry Total Rooms Pending Allocation 5 Total Rooms in Reserve 1,385 Total Rooms Allocated from Reserve 1,380 Total Rooms Pending Allocation 5 Total Remaining For Allocation 0 Address of Receiving Property Rooms Allocated Rooms Returned Acreage Units / Acre Rooms per Base Density CDB Meeting City Council Approval Site Plan Approval Needed by Final Project Expiration Case Number Planner 706 Bayway 15 15 0.349 42.98 17 N/A 11/20/2014 11/20/2015 11/20/2015 HDA2014-08006 / FLD2015-06025 Parry 625 South Gulfview Boulevard 69 69 0.69 100.00 64 N/A 12/4/2013 11/20/2015 12/4/2016 HDA2013-08007 Parry 657 Bay Esplanade 10 10 0.35 28.57 17 N/A 3/2/2017 3/9/2018 3/9/2018 HDA2016-09001 10 Bay Esplanade 35 35 1.16 TBD 58 N/A TBD TBD TBD HDA2017-12002 300 Hamden Drive (Hotel A) and 316 Hamden Drive (Hotel B)174 5 1.10 4.55 47 11/17/2009 12/17/2009 Constructed 6/13/2015 DVA2009-00003 / FLD2009-08027 and DVA2009-00002 / FLD2009-08026 and FLD2019-11030 Wells Total Rooms Returned 134 HOTEL DENSITY RESERVE UNITS RETURNED TO THE RESERVE HOTEL DENSITY RESERVE PROJECTS - PENDING BCP2015-01211 issued 11/13/2015; Permit Status is completed. Please see line seven and eight, above for specifics of Hotel A and Hotel B. These two hotels were developed originally as two separate, albeit physically connected, buildings on two separate propreties. Subsequent to construction the two properties were joined together through a Unity of Title without City approval. Case FLD2019-11030, currently in review, seeks to rectify this as well as other issues. The two hotels were allocated a total of 174 units from the Reserve and a total ot 260 units were proposed. A total of 255 units were actually built. Each respective DVA includes a provision (Section 6.1.5) that provides that any unbuilt units be returned to the Reserve. withdrawn by applicant via email - 10-01-2018 (technically these units were never allocated but are listed here since a case number was created) FLD/FLS application not submitted as of 03-23-2018; does not count towards rooms allocated. Agreement terminated; removed from top two tables; does not count towards rooms allocated. FLD2015-06025 approved on 09-15-15; BCP2016-03372 - submitted 03-15-2016 / BCP2015-12534 - submitted 12/29/2015; both permits in void status. Current permit Notes Total rooms allocated is 79 which includes 76 units previously allocated and subsequently built; see DVA2009-00002 Notes FLD2013-08028 approved; time extension granted 02-09-2018; site plan expiration is 10- 22-2021; BCP not submitted as of 01-08-2020 FLD2020-05012 submitted but is incomplete as of 07-08-2020 BCP not submitted as of 04-15-0219 The original HDA (HDA2016-09001) expired and the 10 units were retunred to the Reserve. The same applicant has resubmitted their application at this address and is FLD2017-0712 approved; time extension granted 04-24-2019: site plan expiration is 04- 06-2022 BCP2019-040435 submitted 04-12-2019; status: revisions needed as 08-07- 2020 FLD2014-11031 approved; time extension granted 10-17-2019; site plan expiration is 10- 19-2022; BCP not submitted as of 01-08-2020 Total rooms allocated is 95 which includes 93 units previously allocated and subsequently built; see DVA2009-00003 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9413-20 cont Agenda Date: 11/2/2020 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Marine & Aviation Agenda Number: 9.1 SUBJECT/RECOMMENDATION: Amend the Clearwater Code of Ordinances, Section 33.055, relating to the mooring, beaching and placement of vessels and pass Ordinance 9413-20 on first reading. SUMMARY: Chapter 33 of the Clearwater Code of Ordinances (Waterways and Vessels) regulate the use of waterways and the conduct of all persons using such waterways, except as otherwise provided by law. Section 33.055 addresses prohibited mooring, beaching and placement of vessels at city owned facilities. Currently there is no daily time limit that a vessel can moor and occupy one of the city’s non-leased public slips or docks. In an effort to provide greater docking opportunities to the boating public, increased turnover of the limited number of non-leased public slips and dock space is in the best interest of all city residents. Those found in violation of Section 33.055 are subject to receiving a civil citation. Page 1 City of Clearwater Printed on 10/28/2020 Ordinance No. 9413-20 ORDINANCE NO. 9413-20 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA AMENDING SECTION 33.055 OF THE CLEARWATER CODE OF ORDINANCES TO LIMIT A VESSEL’S DAILY HOURS OF OCCUPANCY OF CERTAIN NON-LEASED PUBLIC DOCK SLIP(S); PROVIDING AN EFFECTIVE DATE. WHEREAS, the City owns three non-leased public dock slips commonly referred to as the Island Way Grill dock slip, the Recreation Center (Sand Pearl) dock slip, and the Downtown Boat Slips (collectively, “the Public Dock Slips”); and WHEREAS, the purpose of the Public Dock Slips is to provide free public docking options for the boating public at large; and WHEREAS, another purpose of the Public Dock Slips is to encourage boating as a transportation alternative and to provide water access to businesses and the beach; and WHEREAS, other than the prohibition that there can be no occupancy between the hours of 10:00 p.m. and 8:00 a.m., there is no time limitation on a vessel’s use of any of the Public Dock Slips; and WHEREAS, because there is no time limitation on a vessel’s use of any of the Public Dock Slips other than the prohibition against occupancy between the hours of 10:00 p.m. and 8:00 a.m., the Public Dock Slips are often monopolized by a few vessels that are left at the slips all day such that there is little turnover for the boating public at large; and WHEREAS, the City has determined that placing further time limitations on the Public Dock Slips is in the interest of the public health, safety, morals, and welfare of the City’s residents; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That Chapter 33, Waterways and Vessels, Section 33.055 be amended by adding the underlined language and deleting the stricken language as follows: Sec. 33.055. - Prohibited mooring, beaching or placing of vessels. (1) No vessel of any kind whatsoever shall moor to or tie up to a private seawall or dock or be beached upon private property within the city limits without the permission of the owner thereof. Ordinance No. 9413-20 2 (2) It is unlawful for a person, firm, or corporation to store, leave, or abandon any derelict vessel in any navigable waters within the City. No vessel that is in an unregistered, derelict, wrecked, junked, or substantially dismantled condition shall be permitted to dock, moor, or tie up at any private seawall, dock, or moorage space within the city, except that such vessel may moor at licensed marine facilities for the purpose of repair. (3) No vessel shall be moored or otherwise placed in such a manner as to impede, restrict, or otherwise interfere with the use of public docks, launching ramps or other public waterfront facilities. (4) No vessel shall be permitted to occupy any of the City-owned Island Way Grill, non-leased public dock slips for more than four (4) hours per day between the hours of 8:01 a.m. and 9:59 p.m. and at all between the hours of 10:00 p.m. and 8:00 a.m., except in an emergency or hours may be adjusted to coincide with special events as authorized by the city harbormaster. The harbormaster will determine whether the circumstance constitutes an emergency or a special event. (5) No vessel shall be permitted to occupy the City-owned Recreation Center (Sand Pearl), non-leased public dock slips for more than four (4) hours per day between the hours of 8:01 a.m. and 9:59 p.m. and at all between the hours of 10:00 p.m. and 8:00 a.m., except in an emergency or hours may be adjusted to coincide with special events as authorized by the city harbormaster. The harbormaster will determine whether the circumstance constitutes an emergency or a special event. (6) No vessel shall be permitted to occupy the City-owned side tie, non-leased public mooring section of the Downtown Boat Slips, for more than four (4) hours per day between the hours of 8:01 a.m. and 9:59 p.m. and at all between the hours of 10:00 p.m. and 8:00 a.m., except in an emergency or hours may be adjusted to coincide with special events as authorized by the city harbormaster. The harbormaster will determine whether the circumstance constitutes an emergency or a special event. (7) Vessels in violation of this section shall be subject to punishment as provided by law, including, but not limited to those enforcement procedures contained in Article 7 of the Clearwater Community Development Code, and all costs of towing and storage of vessels in violation of this section shall be assessed to the vessel owner. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED ___________________________ Frank V. Hibbard Mayor Ordinance No. 9413-20 3 Approved as to form: Attest: __________________________ ____________________________ Michael P. Fuino Rosemarie Call Assistant City Attorney City Clerk Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8288 Agenda Date: 11/2/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Public Utilities Agenda Number: 10.1 SUBJECT/RECOMMENDATION: Authorize a purchase order to AdEdge Water Technologies, LLC of Duluth, GA for Arsenic Removal Media at Reverse Osmosis Plant 1 (RO 1), per award of Invitation to Bid 48-20, in the annual not-to exceed amount of $93,303 which includes a 5% contingency of $4,443 for the period of November 18, 2020 through November 17, 2021, with two, one-year renewal options at the City’s discretion, and authorize the appropriate officials to execute same. (consent) SUMMARY: Purchasing issued Invitation to Bid (ITB) #48-20, Arsenic Removal Media on August 18, 2020. Two bids were received on September 16, 2020. AdEdge Water Technologies, LLC of Duluth, GA represents the lowest responsive, responsible bidder. Bayoxide E33 is an expendable iron-based filter media. The media is used at the RO1 water treatment plant to remove arsenic from source waters before final treatment. The treatment system has two filters and we expect to replace the media in both filters during the contract period. The initial contract period will be from November 18, 2020 through November 17, 2021 with the option for two, one-year term renewal terms available to the City. Renewal Terms allow for cost increases based on the Producer Price Index #0613 Basic Inorganic Chemicals; renewal prices shall be firm for the respective annual term APPROPRIATION CODE AND AMOUNT: Budgeted funds for FY20 are available in various Public Utilities cost centers, cost code 530300 Other Contractual Services: Funding for future fiscal years (FY21 through FY23) will be requested within contract calendar and spending limits. Page 1 City of Clearwater Printed on 10/28/2020 - September 16, 2020 NOTICE OF INTENT TO AWARD Public Utilities and Purchasing recommend award of ITB No. 48-20, Arsenic Removal Media, to AdEdge Water Technologies, LLC, the lowest most responsible bidder, in accordance with the bid specifications, in the estimated amount of $88,860.00 annually, for a period of one (1) year, with two (2), one (1) year extension options. This Award recommendation will be considered by the City Council at the October 12, 2020 Work Session (9:00 a.m.) and voted on at the October 14, 2020 Council Meeting (6:00 p.m.). These meetings are held at Clearwater Main Library, at 100 N. Osceola Ave., Clearwater, FL 33755. Inquiries regarding this Intent to Award can be directed to the City’s Eryn Berg at (727) 562-4633, or mailed to City of Clearwater, Attn: Purchasing, PO Box 4748, Clearwater, FL 33758-4748. Posted on this date by: Eryn Berg Eryn Berg Procurement Analyst v. 11.2018 Procurement Division 100 S Myrtle Ave 33756-5520 PO Box 4748 33758-4748 Clearwater FL 727-562-4633 INVITATION TO BID #48-20 ARSENIC REMOVAL MEDIA August 18, 2020 NOTICE IS HEREBY GIVEN that sealed bids will be received by the City of Clearwater (City) until 10:00 A.M., Local Time, September 16, 2020 to provide Arsenic Removal Media. Brief Description: The City of Clearwater is soliciting sealed bids for the purchase of virgin arsenic removal media for Public Utilities Reverse Osmosis Plant #1. 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 Sr. Procurement Analyst: Valerie Craig, CPPB Sr. Procurement Analyst Valerie.Craig@myclearwater.com This Invitation to Bid is issued by: Lori Vogel, CPPB Procurement Manager lori.vogel@myclearwater.com INSTRUCTIONS Arsenic Removal Media 2 ITB #48-20 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: September 16, 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 $ 0.00 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 $ 0.00 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 Arsenic Removal Media 3 ITB #48-20 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 Arsenic Removal Media 4 ITB #48-20 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 Arsenic Removal Media 5 ITB #48-20 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 Arsenic Removal Media 6 ITB #48-20 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: August 18, 2020 Advertise Tampa Bay Times: August 19, 2020 Bids due: September 16, 2020 Review bids: September 16th - September 22, 2020 Award recommendation: September 22, 2020 Council authorization: October 14, 2020 Contract begins: November 18, 2020 STANDARD TERMS AND CONDITIONS Arsenic Removal Media 7 ITB #48-20 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 Arsenic Removal Media 8 ITB #48-20 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 strat egies are STANDARD TERMS AND CONDITIONS Arsenic Removal Media 9 ITB #48-20 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 completio n 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 Arsenic Removal Media 10 ITB #48-20 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 pos sess 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 Arsenic Removal Media 11 ITB #48-20 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 def ault 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 Arsenic Removal Media 12 ITB #48-20 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 Contracto r-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 Arsenic Removal Media 13 ITB #48-20 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 Arsenic Removal Media 14 ITB #48-20 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. STANDARD TERMS AND CONDITIONS Arsenic Removal Media 15 ITB #48-20 S.45 SEVERABILITY. If any provision of this Agreement is declared void or unenforceable, such provision will be severed from this Agreement, which will otherwise remain in full force and effect. The parties will negotiate diligently in good faith for such amendment(s) of this Agreement as may be necessary to achieve the original intent of this Agreement, notwithstanding such invalidity or unenforceability. S.46 SURVIVING PROVISIONS. Notwithstanding any completion, termination, or other expiration of this Agreement, all provisions which, by the terms of reasonable interpretation thereof, set forth rights and obligations that extend beyond completion, termination, or other expiration of this Agreement, will survive and remain in full force and effect. Except as specifically provid ed 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 Arsenic Removal Media 16 ITB #48-20 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 throughout the year that attract visitors from across the country. Clearwater is home for Winter the Dolphin and the Clearwater Marine Aquarium. Winter’s story has made it all the way to Hollywood in the motion pictures “Dolphin Tale” and “Dolphin Tale 2”, both filmed here in Clearwater. 2. SCOPE OF WORK. The City of Clearwater is soliciting sealed bids to supply virgin Arsenic Removal Media for the Public Utilities Reverse Osmosis Plant #1 (RO #1). 3. BACKGROUND. The arsenic adsorption system at RO #1 consists of two (2), fourteen foot (14’) pressurized filters. The filters are constructed with a block underdrain system. Between the media and underdrain there is a six-inch (6”) layer of support gravel. The volume of support gravel is 77ft3 (cubic feet). Each filter has a thirty-nine and one-half inch (39.5”) layer of arsenic removal media. The volume of a single filter’s media is 520ft3 (cubic feet). The maximum flow through a single bed does not exceed 1,040 gallons per minute (gpm). The backwash rate is 1,770 gpm. Maximum differential pressure does not exceed ten pounds per square inch (10 psi) before backwash. Lead filters are typically backwashed every two (2) to three (3) days. Lag filters are backwashed once per month. Influent arsenic to the system typically averages twenty to twenty-five parts per billion (20-25 ppb). Media replacements are scheduled based on arsenic removal performance and are typically one and a half (1.5) years between changeouts. The system currently uses granular ferric hydroxide media. 4. SPECIFICATIONS. ➢ The media shall be virgin product, Bayoxide E33, Sorb 33, or Granular Ferric Hydroxide. No other media or media configurations will be considered. ➢ The media shall be certified as compliant with ANSI/NSF Standard 61 for Drinking Water. ➢ The product shall be supplied as packaged in super-sacks of 520ft3 (cubic feet) volume, equipped with a free-flowing chute on the bottom of the sack. The sacks must be able to be lifted by a crane. ➢ Standard orders will be for the quantity of 520ft3 (cubic feet) (ten [10] super-sacks). The supplier must have the ability to ship up to 520ft3 (cubic feet) of media within fifteen (15) business days in case of system failure. ➢ Vendor shall provide within five (5) days of intent to award a minimum of three (3) Florida service contact names, phone numbers, addresses, and a 24/7 access number for product support and emergency technical and product services requirements. 5. MINIMUM QUALIFICATIONS. Vendor shall have a minimum of three (3) years’ experience in the supply of arsenic adsorption systems for public water systems, including equipment and media. 6. REFERENCES. Vendor shall provide with bid a minimum of three (3) current customer references where the proposed products have been used in a similar product application. Vendor will provide the name of the facility, contact information, and the product(s) supplied. 7. DELIVERY. ➢ All deliveries must be accompanied by the Safety Data Sheets (SDS), provide copy with bid submittal, for the product in accordance with the Federal “Right-to-Know” Regulations implemented by the Occupational Safety and Health Administration (OSHA). The product must be labeled in accordance with OSHA Hazard Communication Standard 29 CFR 1910.1200 as may be current and any other applicable safety regulation(s). ➢ Vendor shall guarantee that each delivery truck will be in safe mechanical condition and will be operated by a capable driver trained in the proper handling of the product being delivered. ➢ The Vendor will supply copies of the manufacturer’s shipping and handling safety procedures DETAILED SPECIFICATIONS Arsenic Removal Media 17 ITB #48-20 upon request. ➢ All packaging must bear the National Sanitation Foundation (NSF) certification mark and manufacturer’s information. ➢ All normal deliveries shall be made within fifteen (15) business days after receipt of order. ➢ Delivery time of day shall be arranged upon placement of order and shall be between the hours of Monday – Friday, 6:30 a.m. to 10:30 p.m. ➢ The City of Clearwater reserves the right to change quantities and delivery dates at their discretion within a twenty-four (24) hour notice of placing an order. ➢ Delivery shipments which fail to meet any contract specifications stated in this document will be rejected. In the event that a delivery shipment is rejected by the City of Clearwater, upon notification to the Vendor that the shipment is rejected, the Vendor shall be required to ship a replacement delivery to the affected location within twenty-four (24) hours from the time of notification. Failure to provide replacement product that meets the bid specifications will constitute failure to comply with the delivery requirements set forth in this document and may be grounds for termination. ➢ Delivery locations and staffed hours of operation: City of Clearwater – RO Plant #1 1657 Palmetto St. Clearwater FL 33765 Hours: Monday – Friday, 6:30 a.m. to 10:30 p.m. 8. INSURANCE REQUIREMENTS. The Vendor shall, at its own cost and expense, acquire and maintain (and cause any subcontractors, representatives or agents to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A-VII or better. In addition, the City has the right to review the Contractor’s deductible or self -insured retention and to require that it be reduced or eliminated. Specifically the Vendor must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement: a. Commercial General Liability Insurance coverage, including but not limited to, premises operations, products/completed operations, products liability, contractual liability, advertising injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. b. Commercial Automobile Liability Insurance coverage for any owned, non-owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars) combined single limit. c. Unless waived by the State of Florida and proof of waiver is provided to the City, statutory Workers’ Compensation Insurance coverage in accordance with the laws of the State of Florida, and Employer’s Liability Insurance in the minimum amount of $500,000 (five hundred thousand dollars) each employee each accident, $500,000 (five hundred thousand dollars) each employee by disease, and $500,000 (five hundred thousand dollars) disease policy limit. Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be applicable to employees, contractors, subcontractors, and volunteers, if any. d. Pollution Liability Insurance coverage, which covers any and all losses caused by pollution conditions (including sudden and non-sudden pollution conditions) arising from the servicing DETAILED SPECIFICATIONS Arsenic Removal Media 18 ITB #48-20 and operations of Vendor (and any subcontractors, representatives, or agents) involved in the work/transport, in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. 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 #48-20 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 Arsenic Removal Media 19 ITB #48-20 1. BEGINNING AND END DATE OF INITIAL TERM. November 2020 - November 2021 If the commencement of performance is delayed because the City does not execute the contract on the start date, the City may adjust the start date, end date and milestones to reflect the delayed execution. 2. EXTENSION. The City reserves the right to extend the term of this contract, provided however, that the City shall give written notice of its intentions to extend this contract no later than thirty (30) days prior to the expiration date of the contract. 3. RENEWAL. At the end of the initial term of this contract, the City may initiate renewal(s) as provided. The decision to renew a contract rests solely with the City. The City will give written notice of its intention to renew the contract no later than thirty (30) days prior to the expiration. Two (2), one (1) year renewals possible at the City’s option. 4. PRICES. All pricing shall be firm for the initial term of one (1) year; except where otherwise provided by the specifications, and include all transportation, insurance and warranty costs. The City shall not be invoiced at prices higher than those stated in any contract resulting from this bid. The Contractor certifies that the prices offered are no higher than the lowest price the Contractor charges other buyers for similar quantities under similar conditions. The Contractor further agrees that any reductions in the price of the goods or services covered by this bid and occurring after award will apply to the undelivered balance. The Contractor shall promptly notify the City of such price reductions. During the sixty (60) day period prior to each annual anniversary of the contract effective date, the Contractor may submit a written request that the City increase the prices for an amount for no more than the twelve month change in the Producer Price Index for PPI 0613 “Basic Inorganic Chemicals”, Not Seasonally Adjusted as published by the U.S. Department of Labor, Bureau of Labor Statistics (http://www.bls.gov/ppi/home.htm). The City shall review the request for adjustment and respond in writing; such response and approval shall not be unreasonably withheld. At the end of the initial term, pricing may be adjusted for amounts other than inflation based on mutual agreement of the parties after review of appropriate documentation. Renewal prices shall be firm for at least one year and may be adjusted thereafter as outlined in the previous paragraph. No fuel surcharges will be accepted. BID SUBMISSION Arsenic Removal Media 20 ITB #48-20 1. BID SUBMISSION. It is recommended that bids be submitted electronically through our bids website at https://www.myclearwater.com/business/rfp. If submitting bid response electronically, hard copies are not required. 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. Edit list as appropriate – add/delete: Original and proper number of copies with electronic format (if mailed or hand-delivered) Bid container properly labeled Bid pricing form Exceptions/Additional Materials/Addenda form Vendor Information form Scrutinized Companies form(s) as required Offer Certification form Minimum of three customer (3) references A copy of NSF/ANSI Standard 61 certification Safety Data Sheet (SDS) W-9 Form to be provided by Bidder (http://www.irs.gov/pub/irs-pdf/fw9.pdf) BID PRICING Arsenic Removal Media 21 ITB #48-20 Pursuant to the contract specifications enumerated and described in this solicitation, we agree to furnish Arsenic Removal Media to the City of Clearwater at the price(s) stated below. Arsenic Removal Media (indicate product being bid) Unit Unit Cost Total Cost Cubic Foot $ $ DELIVERY REQUIREMENTS FOB: Destination, Freight Prepaid and Allowed Freight Costs: Unit prices must include all freight and transportation charges PAYMENT TERMS: City of Clearwater’s standard payment terms are NET30 Vendor: _________________________________________ Date: _______________________________ EXCEPTIONS/ADDITIONAL MATERIALS/ADDENDA Arsenic Removal Media 22 ITB #48-20 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 Arsenic Removal Media 23 ITB #48-20 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 Arsenic Removal Media 24 ITB #48-20 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 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 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 Arsenic Removal Media 26 ITB #48-20 Instructions: Vendor shall provide with bid a minimum of three (3) current customer references where the proposed products have been used in a similar product application. Vendor will provide the name of the facility, contact information, and the product(s) supplied. Additional pages may be added, if needed. Complete and return with bid submittal. Reference # 1 Name: Product: Address City / State / Zip Contact Person: Email: Phone: Fax: Notes: Reference # 2 Project Name: Product: Address City / State / Zip Contact Person: Email: Phone: Fax: Notes: Reference # 3 Project Name: Product: Address City / State / Zip Contact Person: Email: Phone: Fax: Notes: Vendor Name Date: MAILING LABEL CUT ALONG THE LINE AND AFFIX TO THE FRONT OF YOUR BID CONTAINER Arsenic Removal Media 27 ITB #48-20 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ SEALED BID Submitted by: Company Name: Address: City, State, Zip: ITB #48-20, Arsenic Removal Media Due Date: September 16, 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 #48-20, Arsenic Removal Media Due Date: September 16, 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 CITY OF CLEARWATER ITB # 48-20, ARSENIC REMOVAL MEDIA DUE DATE: September 16, 2020; 10:00 AM BID TABULATION Vendor Product Unit Price (A) Unit of Measure Total Price AdEdge Water Technologies, LLC E33 Bayoxide 170.88$ Cubic Foot 88,860.00$ Evoqua Water Technologies GFH Dry 177.00$ Cubic Foot 92,040.00$ NOTE: There were no submittals received by Certified Small Business, Minority, Woman or Disadvantaged Business Enterprise Certifying Agencies on this Invitation to Bid. REMARKS: Price(s) with star ( ) indicates apparent low bidder, intent to award. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8345 Agenda Date: 11/2/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Public Utilities Agenda Number: 10.2 SUBJECT/RECOMMENDATION: Authorize the award of Invitation to Bid 49-20 Ductile Iron Pipe, Fittings, Mechanical Joint Restraints and Polyethylene Tubing, to Ferguson Waterworks of Tampa, FL in the annual not-to-exceed amount of $345,000.00 with the option for two, one-year term extensions at the City’s discretion and authorize the appropriate officials to execute same. (consent) SUMMARY: Invitation to Bid (ITB) #49-20, Ductile Iron Pipe, Fittings, Mechanical Joint Restraints and Polyethylene Tubing was issued on August 25, 2020. Eight bids were received on September 28, 2020. Ferguson Waterworks of Tampa, FL, represents the lowest responsive, responsible bidder for Ductile Iron Pipe, Fittings, Mechanical Joint Restraints and Polyethylene Tubing. Ferguson Waterworks will provide Ductile Iron Pipe, Fittings, Mechanical Joint Restraints and Polyethylene Tubing to Public Utilities, Water Division. These parts are stocked in the Public Utilities Warehouse to have them on-hand for use in the field. The initial contract period will be November 16, 2020 through November 15, 2021, with the option for two, one-year term renewal terms available to the City. Renewal Terms allow for cost increases based on the Producer Price Index #101 Iron and Steel; renewal prices shall be firm for the respective annual term. APPROPRIATION CODE AND AMOUNT: Budgeted funds for FY21 are available in Public Utilities’ cost centers, cost code 550400 Operating Supplies and Materials. Funding for future fiscal years (FY22 through FY23) will be requested within contract calendar and spending limits. Page 1 City of Clearwater Printed on 10/28/2020 CITY OF CLEARWATER ITB # 49-20, Ductile Iron Pipes, Fittings, Mechanical Joint Restraints, and Polyethylene Tubing DUE DATE: September 23, 2020; 10:00 AM BID TABULATION Group No Description Core & Main LP 6525 US Highway 301 Tampa, FL 33610 Empire Pipe Orlando, LLC 2260 Old Lake Mary Road Sanford, FL 32771 Ferguson Enterprises, LLC dba Ferguson Waterworks 8008 E. Sligh Ave Tampa, FL 33610 Fortiline Inc dba Fortline Waterworks 7025 Northwinds Drive NW Concord, NC 28027 Total Price Total Price Total Price Total Price 1 Ductile Iron Pipe Fittings $39,251.88 $39,275.81 $36,815.20 $39,201.03 2 Restraining Adapters, Gaskets, and Glands $45,776.39 $48,553.19 $42,122.64 $50,150.79 3 Large Valves $103,189.25 $100,478.91 $91,924.20 $91,385.42 4 Clamps and Couplings $40,186.29 $39,525.30 $28,968.60 $35,101.67 5 Tapping Saddles and Sleeves $46,189.80 $46,713.51 $41,764.08 $44,874.50 6 Meter and Valve Boxes $77,856.80 $79,072.70 $64,037.57 $67,561.62 7 Ductile Iron Pipe $33,903.20 $32,537.20 $30,559.80 $35,596.40 8 Service Tubing $8,443.50 $6,647.80 $5,970.00 $7,981.50 $394,797.11 $392,804.42 $342,162.09 $371,852.93 Group No Description General Utilities Pipe & Supply, Inc 1880 Woodlands Drive Trussville, AL 35173 Hayes Pipe Supply, Inc 950 Fiber Glass Road Nashville, TN 37210 Pasco Pipe Supply, Inc 14700 US Highway 19 Hudson, FL 34667 West Coast Winsupply, Inc. 2835 Overpass Rd Tampa, FL 33619 Total Price Total Price Total Price Total Price 1 Ductile Iron Pipe Fittings $40,253.11 $36,001.38 N/A $38,622.90 2 Restraining Adapters, Gaskets, and Glands $45,344.11 $42,311.93 N/A $48,667.90 3 Large Valves $101,970.34 $97,567.00 $92,924.00 $91,563.25 4 Clamps and Couplings $41,423.35 N/A N/A $36,908.95 5 Tapping Saddles and Sleeves $57,686.50 $42,814.10 N/A $44,314.50 6 Meter and Valve Boxes N/A N/A N/A N/A 7 Ductile Iron Pipe N/A $30,481.19 N/A $29,221.00 8 Service Tubing N/A $8,510.00 $6,310.00 $7,110.00 $286,677.41 $257,685.60 $99,234.00 $296,408.50 NOTE: There were no submittals received by Certified Small Business, Minority, Woman or Disadvantaged Business Enterprise Certifying Agencies on this Invitation to Bid. REMARKS: Price(s) with star ( ) indicates apparent low bidder, intent to award. TOTAL: TOTAL: NOTE: Highlighted Cell indicates a calculation correction. - October 5, 2020 NOTICE OF INTENT TO AWARD Public Utilities and Procurement recommend award of ITB No. 49-20, Ductile Iron Pipes, Fittings, Mechanical Joint Restraints, and Polyethylene Tubing to Ferguson Enterprises, LLC dba Ferguson Waterworks, the lowest most responsible bidder, in accordance with the bid specifications, in the estimated amount of $345,000.00 annually, for a period of one (1) year, with two (2), one (1) year extension options. This Award recommendation will be considered by the City Council at the November 2, 2020 Work Session (9:00 a.m.) and voted on at the November 5, 2020 Council Meeting (6:00 p.m.). These meetings are held at Clearwater Main Library, at 100 N. Osceola Ave., Clearwater, FL 33755. Inquiries regarding this Intent to Award can be directed to the City’s Procurement Analyst at (727) 562-4633, or mailed to City of Clearwater, Attn: Procurement, PO Box 4748, Clearwater, FL 33758-4748. Posted on this date by: Eryn Berg Eryn Berg Procurement Analyst v. 11.2018 Procurement Division 100 S Myrtle Ave 33756-5520 PO Box 4748 33758-4748 Clearwater FL 727-562-4633 INVITATION TO BID #49-20 Ductile Iron Pipes, Fittings, Mechanical Joint Restraints, and Polyethylene Tubing August 25, 2020 NOTICE IS HEREBY GIVEN that sealed bids will be received by the City of Clearwater (City) until 10:00 A.M., Local Time, due September 23, 2020 to provide Ductile Iron Pipes, Fittings, Mechanical Joint Restraints, and Polyethylene Tubing. Brief Description: The City of Clearwater is soliciting sealed bids for ductile iron pipes, fittings, mechanical joint restraints, and polyethylene tubing. 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: Eryn Berg Procurement Analyst Eryn.Berg@myclearwater.com This Invitation to Bid is issued by: Lori Vogel, CPPB Procurement Manager Lori.Vogel@myclearwater.com INSTRUCTIONS Ductile Pipes, Fittings, Joint, & PE Tubing ITB # 49-20 2 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: September 23, 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 $ 0.00 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 $ 0.00 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 INSTRUCTIONS Ductile Pipes, Fittings, Joint, & PE Tubing ITB # 49-20 3 balance of said security, if any, will be returned to Contractor upon the expiration or termination of the contract. 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. INSTRUCTIONS Ductile Pipes, Fittings, Joint, & PE Tubing ITB # 49-20 4 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. 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. INSTRUCTIONS Ductile Pipes, Fittings, Joint, & PE Tubing ITB # 49-20 5 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 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 Ductile Pipes, Fittings, Joint, & PE Tubing ITB # 49-20 6 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: August 25, 2020 Advertise Tampa Bay Times: August 26, 2020 Bids due: September 23, 2020 Review bids: September 23 – October 7, 2020 Award recommendation: October 7, 2020 Council authorization: November 5, 2020 Contract begins: November 16, 2020 STANDARD TERMS AND CONDITIONS Ductile Pipes, Fittings, Joint, & PE Tubing ITB # 49-20 7 S.1 DEFINITIONS. Uses of the following terms are interchangeable as referenced: “vendor, contractor, supplier, proposer, company, parties, persons”, “purchase order, PO, contract, agreement”, “city, Clearwater, agency, requestor, parties”, “bid, proposal, response, quote”. S.2 INDEPENDENT CONTRACTOR. It is expressly understood that the relationship of Contractor to the City will be that of an independent contractor. Contractor and all persons employed by Contractor, either directly or indirectly, are Contractor’s employees, not City employees. Accordingly, Contractor and Contractor’s employees are not entitled to any benefits provided to City employees including, but not limited to, health benefits, enrollment in a retirement system, paid time off or other rights afforded City employees. Contractor employees will not be regarded as City employees or agents for any purpose, including the payment of unemployment or workers’ compensation. If any Contractor employees or subcontractors assert a claim for wages or other employment benefits against the City, Contractor will defend, indemnify and hold harmless the City from all such claims. S.3 SUBCONTRACTING. Contractor may not subcontract work under this Agreement without the express written permission of the City. If Contractor has received authorization to subcontract work, it is agreed that all subcontractors performing work under the Agreement must comply with its provisions. Further, all agreements between Contractor and its subcontractors must provide that the terms and conditions of this Agreement be incorporated therein. S.4 ASSIGNMENT. This Agreement may not be assigned either in whole or in part without first receiving the City’s written consent. Any attempted assignment, either in whole or in part, without such consent will be null and void and in such event the City will have the right at its option to terminate the Agreement. No granting of consent to any assignment will relieve Contractor from any of its obligations and liabilities under the Agreement. S.5 SUCCESSORS AND ASSIGNS, BINDING EFFECT. This Agreement will be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns. S.6 NO THIRD-PARTY BENEFICIARIES. This Agreement is intended for the exclusive benefit of the parties. Nothing set forth in this Agreement is intended to create, or will create, any benefits, rights, or responsibilities in any third parties. S.7 NON- EXCLUSIVITY. The City, in its sole discretion, reserves the right to request the materials or services set forth herein from other sources when deemed necessary and appropriate. No exclusive rights are encompassed through this Agreement. S.8 AMENDMENTS. There will be no oral changes to this Agreement. This Agreement can only be modified in a writing signed by both parties. No charge for extra work or material will be allowed unless approved in writing, in advance, by the City and Contractor. S.9 TIME OF THE ESSENCE. Time is of the essence to the performance of the parties’ obligations under this Agreement. S.10 COMPLIANCE WITH APPLICABLE LAWS. a. General. Contractor must procure all permits and licenses and pay all charges and fees necessary and incidental to the lawful conduct of business. Contractor must stay fully informed of existing and future federal, state, and local laws, ordinances, and regulations that in any manner affect the fulfillment of this Agreement and must comply with the same at its own expense. Contractor bears full responsibility for training, safety, and providing necessary equipment for all Contractor personnel to achieve throughout the term of the Agreement. Upon request, Contractor will demonstrate to the City's satisfaction any programs, procedures, and other activities used to ensure compliance. b. Drug-Free Workplace. Contractor is hereby advised that the City has adopted a policy establishing a drug-free workplace for itself and those doing business with the City to ensure the safety and health of all persons working on City contracts and projects. Contractor will require a drug-free workplace for all Contractor personnel working under this Agreement. Specifically, all Contractor personnel who are working under this Agreement must be notified STANDARD TERMS AND CONDITIONS Ductile Pipes, Fittings, Joint, & PE Tubing ITB # 49-20 8 in writing by Contractor that they are prohibited from the manufacture, distribution, dispensation, possession, or unlawful use of a controlled substance in the workplace. Contractor agrees to prohibit the use of intoxicating substances by all Contractor personnel and will ensure that Contractor personnel do not use or possess illegal drugs while in the course of performing their duties. c. Federal and State Immigration Laws. Contractor agrees to comply with the Immigration Reform and Control Act of 1986 (IRCA) in performance under this Agreement and to permit the City and its agents to inspect applicable personnel records to verify such compliance as permitted by law. Contractor will ensure and keep appropriate records to demonstrate that all Contractor personnel have a legal right to live and work in the United States. (i) As applicable to Contractor, under this provision, Contractor hereby warrants to the City that Contractor and each of its subcontractors will comply with, and are contractually obligated to comply with, all federal immigration laws and regulations that relate to their employees (hereinafter “Contractor Immigration Warranty”). (ii) A breach of the Contractor Immigration Warranty will constitute as a material breach of this Agreement and will subject Contractor to penalties up to and including termination of this Agreement at the sole discretion of the City. (iii) The City retains the legal right to inspect the papers of all Contractor personnel who provide services under this Agreement to ensure that Contractor or its subcontractors are complying with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any such inspections. (iv) The City may, at its sole discretion, conduct random verification of the employment records of Contractor and any subcontractor to ensure compliance with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any random verification performed. (v) Neither Contractor nor any subcontractor will be deemed to have materially breached the Contractor Immigration Warranty if Contractor or subcontractor establishes that it has complied with the employment verification provisions prescribed by Sections 274A and 274B of the Federal Immigration and Nationality Act. d. Nondiscrimination. Contractor represents and warrants that it does not discriminate against any employee or applicant for employment or person to whom it provides services because of race, color, religion, sex, national origin, or disability, and represents and warrants that it complies with all applicable federal, state, and local laws and executive orders regarding employment. Contractor and Contractor’s personnel will comply with applicable provisions of Title VII of the U.S. Civil Rights Act of 1964, as amended, Section 504 of the Federal Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), and applicable rules in performance under this Agreement. S.11 SALES/USE TAX, OTHER TAXES. Contractor is responsible for the payment of all taxes including federal, state, and local taxes related to or arising out of Contractor’s services under this Agreement, including by way of illustration but not limitation, federal and state income tax, Social Security tax, unemployment insurance taxes, and any other taxes or business license fees as required. If any taxing authority should deem Contractor or Contractor employees an employee of the City, or should otherwise claim the City is liable for the payment of taxes that are Contractor’s responsibility under this Agreement, Contractor will indemnify the City for any tax liability, interest, and penalties imposed upon the City. The City is exempt from paying state and local sales/use taxes and certain federal excise taxes and will furnish an exemption certificate upon request. S.12 AMOUNTS DUE THE CITY. Contractor must be current and remain current in all obligations due to the City during the performance of services under the Agreement. Payments to Contractor may be offset by any delinquent amounts due the City or fees and charges owed to the City. STANDARD TERMS AND CONDITIONS Ductile Pipes, Fittings, Joint, & PE Tubing ITB # 49-20 9 S.13 OPENNESS OF PROCUREMENT PROCESS. Written competitive proposals, replies, oral presentations, meetings where vendors answer questions, other submissions, correspondence, and all records made thereof, as well as negotiations or meetings where negotiation strategies are discussed, conducted pursuant to this Invitation to Bid (ITB), shall be handled in compliance with Chapters 119 and 286, Florida Statutes. Proposals or replies received by the City pursuant to this ITB are exempt from public disclosure until such time that the City provides notice of an intended decision or until 30 days after opening the proposals, whichever is earlier. If the City rejects all proposals or replies pursuant to this ITB and provides notice of its intent to reissue the ITB, then the rejected proposals or replies remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued ITB or until the City withdraws the reissued ITB. A proposal or reply shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or replies. Oral presentations, meetings where vendors answer questions, or meetings convened by City staff to discuss negotiation strategies, if any, shall be closed to the public (and other proposers) in compliance with Chapter 286 Florida Statutes. A complete recording shall be made of such closed meeting. The recording of, and any records presented at, the exempt meeting shall be available to the public when the City provides notice of an intended decision or until 30 days after opening proposals or final replies, whichever occurs first. If the City rejects all proposals or replies pursuant to this ITB and provides notice of its intent to reissue the ITB, then the recording and any records presented at the exempt meeting remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued ITB or until the City withdraws the reissued ITB. A recording and any records presented at an exempt meeting shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or replies. In addition to all other contract requirements as provided by law, the contractor executing this agreement agrees to comply with public records law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, Rosemarie Call, phone: 727-562-4092 or Rosemarie.Call@myclearwater.com, 600 Cleveland Street, Suite 600, Clearwater, FL 33755. The contractor’s agreement to comply with public records law applies specifically to: a) Keep and maintain public records required by the City of Clearwater (hereinafter “public agency”) to perform the service being provided by the contractor hereunder. b) Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided for in Chapter 119, Florida Statutes, as may be amended from time to time, or as otherwise provided by law. c) Ensure that the public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure STANDARD TERMS AND CONDITIONS Ductile Pipes, Fittings, Joint, & PE Tubing ITB # 49-20 10 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. STANDARD TERMS AND CONDITIONS Ductile Pipes, Fittings, Joint, & PE Tubing ITB # 49-20 11 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 STANDARD TERMS AND CONDITIONS Ductile Pipes, Fittings, Joint, & PE Tubing ITB # 49-20 12 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 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. STANDARD TERMS AND CONDITIONS Ductile Pipes, Fittings, Joint, & PE Tubing ITB # 49-20 13 Unless otherwise agreed, Contractor warrants that materials will be new, unused, of most current manufacture and not discontinued, will be free of defects in materials and workmanship, will be provided in accordance with manufacturer's standard warranty for at least one (1) year unless otherwise specified, and will perform in accordance with manufacturer's published specifications. S.27 THE CITY’S RIGHT TO RECOVER AGAINST THIRD PARTIES. Contractor will do nothing to prejudice the City’s right to recover against third parties for any loss, destruction, or damage to City property, and will at the City’s request and expense, furnish to the City reasonable assistance and cooperation, including assistance in the prosecution or defense of suit and the execution of instruments of assignment in favor of the City in obtaining recovery. S.28 NO GUARANTEE OF WORK. Contractor acknowledges and agrees that it is not entitled to deliver any specific amount of materials or services or any materials or services at all under this Agreement and acknowledges and agrees that the materials or services will be requested by the City on an as needed basis at the sole discretion of the City. Any document referencing quantities or performance frequencies represent the City's best estimate of current requirements, but will not bind the City to purchase, accept, or pay for materials or services which exceed its actual needs. S.29 OWNERSHIP. All deliverables, services, and information provided by Contractor or the City pursuant to this Agreement (whether electronically or manually generated) including without limitation, reports, test plans, and survey results, graphics, and technical tables, originally prepared in the performance of this Agreement, are the property of the City and will not be used or released by Contractor or any other person except with prior written permission by the City. S.30 USE OF NAME. Contractor will not use the name of the City of Clearwater in any advertising or publicity without obtaining the prior written consent of the City. S.31 PROHIBITED ACTS. Pursuant to Florida Constitution Article II Section 8, a current or former public officer or employee within the last two (2) years shall not represent another organization before the City on any matter for which the officer or employee was directly concerned and personally participated in during their service or employment or over which they had a substantial or material administrative discretion. S.32 FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB destination freight prepaid and allowed unless otherwise agreed. S.33 RISK OF LOSS. Contractor agrees to bear all risks of loss, injury, or destruction of goods or equipment incidental to providing these services and such loss, injury, or destruction will not release Contractor from any obligation hereunder. S.34 SAFEGUARDING CITY PROPERTY. Contractor will be responsible for any damage to City real property or damage or loss of City personal property when such property is the responsibility of or in the custody of Contractor or its employees. S.35 WARRANTY OF RIGHTS. Contractor warrants it has title to, or the right to allow the City to use, the materials and services being provided and that the City may use same without suit, trouble or hindrance from Contractor or third parties. S.36 PROPRIETARY RIGHTS INDEMNIFICATION. Without limiting the foregoing, Contractor will without limitation, at its expense defend the City against all claims asserted by any person that anything provided by Contractor infringes a patent, copyright, trade secret or other intellectual property right and must, without limitation, pay the costs, damages and attorneys' fees awarded against the City in any such action, or pay any settlement of such action or claim. Each party agrees to notify the other promptly of any matters to which this provision may apply and to cooperate with each other in connection with such defense or settlement. If a preliminary or final judgment is obtained against the City’s use or operation of the items provided by Contractor hereunder or any part thereof by reason of any alleged infringement, Contractor will, at its expense and without 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 STANDARD TERMS AND CONDITIONS Ductile Pipes, Fittings, Joint, & PE Tubing ITB # 49-20 14 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. S.42 GOVERNING LAW, VENUE. This Agreement is governed by the laws of the State of Florida. The exclusive venue selected for any proceeding or suit in law or equity arising from or incident to this Agreement will be Pinellas County, Florida. S.43 INTEGRATION CLAUSE. This Agreement, including all attachments and exhibits hereto, supersede all prior oral or written agreements, if any, between the parties and constitutes the entire agreement between the parties with respect to the work to be performed. S.44 PROVISIONS REQUIRED BY LAW. Any provision required by law to be in this Agreement is a part of this Agreement as if fully stated in it. STANDARD TERMS AND CONDITIONS Ductile Pipes, Fittings, Joint, & PE Tubing ITB # 49-20 15 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 Ductile Pipes, Fittings, Joint, & PE Tubing ITB # 49-20 16 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. SCOPE OF WORK. The City of Clearwater is soliciting sealed bids to establish a term contract for the purchase of ductile iron pipes, mechanical joint fittings, mechanical joint restraints, and polyethylene tubing for the City’s Public Utilities Department. The successful bidder(s) will provide these items on an as needed basis. The quantities indicated in Exhibit A- Bid Pricing sheet are given only as an estimated annual quantity and should not be construed as representing the actual amount to be purchased under this contract. 3. SPECIFICATIONS. Provide the following items (A – H) pursuant to the specifications: A. MECHANICAL JOINT FITTINGS- AWWA C110 FULL BODY 4” THRU 36” A.1 Specification / Material: Full body fittings shall meet or exceed the performance specifications of: a. Shall be ductile iron per ASTM A536 b. Shall be produced in accordance with laying lengths and body thickness specified in AWWA C110 (ANSI-A21.10) c. Rubber gasket joints in accordance with AWWA C111 (ANSI-A21.11) d. Shall have International Organizational for Standardization ISO 9001 certification, or poured in a foundry located in the U.S.A. e. Shall comply with and be labeled as approved by the National Sanitation Foundation (NSF) for use in potable water lines meeting NSF 61 f. Sizes four-inch (4”) through twelve-inch (12”) Factory Mutual (FM) Approved or Underwriter Laboratory (UL) Listed is required. g. Shall have distinctly cast upon them; the manufacture’s identification, pressure rating, nominal diameter and number of degrees or fraction of a circle on all bends, have the letters “DI” or “Ductile”, and for sizes four-inch (4”) through twelve-inch (12”) a FM or UL marking (at time of manufacturing). h. Standard fittings are cement-mortar lined and coated with an asphaltic material inside and outside, with an exterior coating approximately 1 (one) mil thick per AWWA C110 and C153 fittings. If not specified otherwise, this is the default. i. Affidavit of compliance to Section A.1 shall be available upon request. A.2 Coating & Lining: Potable and Reclaimed Water: a. Exterior coating: asphaltic coating b. AWWA C104 (ANSI-A21.4) cement mortar lining and asphaltic coating c. AWWA C116 (ANSI-A21.16) epoxy coating both inside and out Sanitary Sewer and Force Mains: d. Exterior coating: asphaltic coating e. Sewer pipe shall have the interior coated (factory applied) or approved equal:  With an amine curved novolac epoxy, containing at least twenty percent (20%) by volume of ceramic quartz pigment “PROTECTO 401” (40 mils thick) OR with a calcium aluminate aggregate and mortar lining, Lafarge “SEWPERCOAT ®”.  An optional seal coat may be applied. The lining thickness shall be a minimum of DETAILED SPECIFICATIONS Ductile Pipes, Fittings, Joint, & PE Tubing ITB # 49-20 17 the following (equivalent to DCL): i. 125 mils (1/8”) for six-inch (6”) through twelve-inch (12”) pipe. ii. 188 mils (3/16”) for fourteen-inch (14”) through twenty-four-inch (24”) pipe. A.3 Pressure Rating: a. Minimum of 350-psi. for sizes four- inches (4”) through twenty-four (24”) inches. b. Minimum of 250-psi. for sizes thirty- inches (30”) through thirty-six (36”) inches. A.4 Approved Manufacturers: Manufacturers with UL and FM approvals are acceptable. B. MECHANICAL JOINT FITTINGS -AWWA C153 COMPACT BODY 4” THRU 36”: B.1 Specification / Material: Compact or short body fittings shall meet or exceed the performance specifications of: a. Shall be ductile iron ASTM A536 b. Shall be produced in accordance with laying lengths and body thickness specified in AWWA C153 (ANSI-A 21.53) c. Rubber gasket joints in accordance with AWWA C111 (ANSI-A21.11). d. Fittings supplied shall have International Organizational for Standardization ISO 9001 certification, or poured in a foundry located in the U.S.A. e. Shall comply with and be labeled as approved by the National Sanitation Foundation (NSF) for use in potable water lines meeting NSF 61. f. Sizes four-inch (4”) through twelve-inch (12”) Factory Mutual (FM) Approved or Underwriter Laboratory (UL) Listed is required. g. Shall have distinctly cast upon them; the manufacture’s identification, pressure rating, nominal diameter and number of degrees or fraction of a circle on all bends, have the letters “DI” or “Ductile”, and for sizes four-inch (4”) through twelve-inch (12”) a FM or UL marking (at time of manufacturing) h. Standard fittings are cement-mortar lined and coated with an asphaltic material, inside and outside, with an exterior coating approximately 1 (one) mil thick per AWWA C110 and C153 fittings. If not specified otherwise, this is the default. i. Affidavit of compliance to Section B.1 shall be available upon request. B.2 Coating & Lining: Potable and Reclaimed Water: a. Exterior coating: asphaltic coating. b. AWWA C104 (ANSI-A21.4) cement mortar lining and asphaltic coating c. AWWA C116 (ANSI-A21.16) epoxy coating both inside and out Sanitary Sewer and Force Mains: d. Exterior coating: asphaltic coating. e. Sewer pipe shall have the interior coated (factory applied) or approved equal:  With an amine cured novolac epoxy, containing at least twenty percent (20%) by volume of ceramic quartz pigment “PROTECTO 401” (40 mils thick) OR with a calcium aluminate aggregate and mortar lining, Lafarge “SEWPERCOAT®”. o An optional seal coat may be applied. The lining thickness shall be a minimum of the following (equivalent to DCL):  125 mils (1/8”) for six-inch (6”) through twelve-inch (12”) pipe.  188 mils (3/16”) for fourteen-inch (14”) through twenty-four-inch (24”) pipe. f. The inside of the bell socket including a portion of the gasket cavity and a portion of the pipe barrel are coated with eight (8) mils (minimum) of epoxy. DETAILED SPECIFICATIONS Ductile Pipes, Fittings, Joint, & PE Tubing ITB # 49-20 18 B.3 Pressure Rating: a. Minimum of 350-psi. for sizes four-inch (4”) through twenty-four (24”) inches. b. Minimum of 250-psi. for sizes thirty inches through thirty- six (36”) inches. B.4 Approved Manufacturers: Manufacturers with UL and FM approvals are acceptable. C. JOINT RESTRAINTS/ MULTIPLE WEDGE STYLE MECHANICAL JOINT/ DUCTILE IRON PIPE: C.1 Specification: Restraint devices for nominal pipe sizes four- inch (3”) through twenty-four (24”) inches shall consist of multiple gripping wedge incorporated into a follower gland; shall meet or exceed the following performance specifications: a. Application requirements of AWWA C110 (ANSI - A21.10) or latest revision thereof b. AWWA C153 (ANSI - A21.53) or latest revision thereof c. AWWA C111 (ANSI - A21.11) or latest revision thereof d. Material supplied shall have International Organizational for Standardization ISO 9001 certification, or poured in a foundry located in the U.S.A. e. Sizes three-inch (3”) through twenty-four (24”) inch Underwriter Laboratory (UL) Listed is required. Additionally, sizes four-inch (4”) through twelve- inch (12”) Factory Mutual (FM) Approved is required (at time of manufacturing). f. Affidavit of compliance to Section C.1 shall be available upon request. C.2 Material: a. Gland: Ductile iron conforming to the applicable provisions of AWWA C111 (ANSI - A21.11) and ASTM A536.80 b. Wedges: Ductile iron heat treated to a minimum hardness of 370 Brinell Hardness Number (BHN) C.3 Design: a. Multiple gripping wedges incorporated within a mechanical joint follower gland, that when actuated, impart increasing resistance to pipe separation as pressure increases restraint nuts must be shear type torque design b. Must include a minimum safety factor of 2:1 in all sizes C.4 Requirements: a. Each accessory kit shall be a boxed package and include:  One (1) ductile iron gland  One (1) rubber gasket  Proper number of cor-ten T-bolts and nuts for each mechanical joint (MJ) pipe fitting face  Accessories refer to the nuts, bolts and gasket. A “retaining” gland (non- restraining) is unwanted.  Accessories should be boxed with the restraint. For larger sizes over twelve inches (12”), separate boxed accessory kits are acceptable. C.5 Approved Manufacturers: a. EBAA IRON- MEGA LUG 1100 / 2000 SERIES b. FORD- UNIFLANGE 1400 / 1500 SERIES c. ROMAC- ROMA GRIP DI PIPE / C-900 PVC d. SMITH-BLAIR– CAM-LOCK 111 / 120 SERIES e. STAR PIPE STARGRIP f. SIGMA ONE - LOK DETAILED SPECIFICATIONS Ductile Pipes, Fittings, Joint, & PE Tubing ITB # 49-20 19 D. POLYETHYLENE SERVICE TUBING: D.1 Specification / Material: PE-3408 High Density Polyethylene (HDPE) and tubing shall meet or exceed the following performance specifications: a. PE-3408 Resin listed in Plastic Pipe Institute TR4 b. Cell classification per ASTM Standards D3350 = 34544 or 345464 c. ASTM Standards D2737 dimensional standard, Copper Tubing Sizes (CTS) and controlled outside diameter d. Shall have AWWA C901 or latest version thereof e. Manufacturer shall be listed with the Plastic Pipe Institute as meeting the recipe and mixing requirements for pipe in this classification, Section D.1. f. Shall comply with and be labeled as approved by the National Sanitation Foundation (NSF) for use in potable water lines meeting NSF 61 D.2 Pressure Rating: a. 200-psi operating pressure at 73.4 degrees Fahrenheit (F) D.3 Color- Coded: a. Blue – potable water b. Purple / Lavender (magenta) – reclaimed water D.4 Dimensions: a. Copper Tubing Sizes (CTS) Outside Diameter (OD) controlled b. Dimension Ratio, DR-9 D.5 Sizes: a. Three quarter inches (3/4”) (potable water only) b. One inch (1”) c. One & one-half inch (1-1/2”) d. Two inches (2”) D.6 Approved Manufacturers: a. CHARTER PLASTICS / BLUE ICE / LAV ICE b. ENDOPURE c. ENDOT / ENDOCORE RWT E. DUCTILE IRON PIPE: ANY SIZE E.1 Specification / Material: a. Shall be produced in accordance with pressure and thickness class 350 and manufactured in accordance with AWWA C151 (ANSI-A21.51) or latest version thereof. b. The manufactures mark, country where cast, year in which the pipe was produced, and the letters “DI” or “Ductile” cast or stamped on the pipe. c. The class or nominal thickness, net weight without lining, and casting period shall be clearly marked on each length of pipe. d. Material supplied shall have International Organizational for Standardization ISO 9001 certification, or poured in a foundry located in the U.S.A. e. Shall comply with and be labeled as approved by the National Sanitation Foundation (NSF) for use in potable water lines meeting NSF 61. f. Factory Mutual Approved (FM) and Underwriter Laboratory Listed (UL) is required (at time of manufacturing). g. Joints shall be in accordance with AWWA C111 (ANSI-A21.11) or latest version thereof and be furnished with all necessary accessories. h. Pipe shall be furnished with push-on type joints, such as Tyton or Fastite. DETAILED SPECIFICATIONS Ductile Pipes, Fittings, Joint, & PE Tubing ITB # 49-20 20 E.2 Pressure Rating: a. Each pipe shall be subjected to a hydrostatic pressure test of at least 500-psi at the point of manufacture. E.3 Coating & Lining: a. Exterior coating: Standard b. Interior coating: AWWA C104 (ANSI-21.4), cement mortar lining and asphaltic coating E.4 Approved Manufacturers: a. AMERICAN CAST IRON PIPE COMPANY b. MCWANE DUCTILE c. US PIPE F. VALVES-AWWA C509/C515 RESILIENT SEAT 4” THRU 12” (MJ X MJ), (FLG X MJ): F.1 Specifications: Resilient seat or wedge (RW) line valves shall meet or exceed the performance specifications of AWWA C509 (standard wall thickness) or C515 (standard for reduced wall thickness) for resilient seat gate valves with non-rising stem (NRS) and meet the following specific provisions: a. Both ends shall be mechanical joint in accordance with AWWA C11 (ANSI-A21.11)  MJ x MJ only b. One (1) end shall be mechanical joint in accordance with AWWA C11 (ANSI-A21.11)  FLG x MJ only c. One end shall be flange design with a raised tapping alignment centering ring and conform to MSS SO-60 standard.  FLG x MJ only d. Valves supplied must have ISO 9001 or later certification, or poured in a foundry located in the U.S.A. e. Shall comply with and be labeled as approved by the National Sanitation Foundation (NSF) for use in potable water lines meeting NSF 61 f. Factory Mutual Approved (FM) and Underwriter Laboratory Listed (UL) is required (at time of manufacturing). g. Affidavit of compliance to Section F.1 shall be available upon request. F.2 Material: a. Body: Ductile iron conforming to ASTM Standards A536 b. Wedge: Ductile iron fully encapsulated (no exposed iron) with EPDM (ethylene- propylene) rubber and have raised colophon “EPDM” or the formula designation such as “EDK-70” c. Seal & O-rings: Nitrile Buna-N or EPDM rubber d. Stuffing box & operating nut: Cast or ductile iron conforming to ASTM Standards A126 or A536 e. Stem: Copper alloy/ bronze or stainless steel f. Hex head nuts & bolts: 304 / 316 stainless steel F.3 Design: a. Resilient seat gate valve, NRS, open left (counterclockwise) b. Both ends shall be mechanical joint (MJ x MJ) c. One (1) end shall be mechanical joint (FLG x MJ) d. One (1) end shall be flange design with a raised tapping alignment centering e. Two inch (2”) square operating nut F.4 Size: a. Four inch (4”) through twelve inch (12”) DETAILED SPECIFICATIONS Ductile Pipes, Fittings, Joint, & PE Tubing ITB # 49-20 21 F.5 Coating: a. AWWA C550, all interior and exterior body and bonnet surfaces shall be coated with a fusion boded epoxy coating. F.6 Pressure Rating: a. Minimum of 250-psi (pounds per square inch) F.7 Accessories: a. Properly sized mechanical joint accessory kits b. Properly sized flange joint accessory kits F.8 Approved Manufacturers: a. AMERICAN AVK 45 (DI) SERIES b. AMERICAN FLOW CONTROL 2500 SERIES c. CLOW VALVE 2639 & 2640 SERIES d. KENNEDY VALVE KS-RW 8571 SERIES, 8950 SERIES TAPPING VALVE e. M&H VALVE COMPANY 4067 SERIES, 4751 SERIES TAPPING VALVE f. MUELLER A-2360/2361 SERIES g. US PIPE A-USPO-23 SERIES, A-USPO-19 SERIES TAPPING VALVE G. TAPPING SADDLES - TAP SIZES ¾” THRU 2” DUCTILE IRON, STAINLESS STEEL STRAPS FOR CAST IRON, DUCTILE IRON AND PVC PIPE: G.1 Specifications / Material: Ductile iron service saddles shall meet or exceed the following performance specifications: a. Saddles shall be ductile iron ASTM A536. b. Gasket seals shall be ASTM Standards D2000. c. Shall comply with and be labeled as approved by the National Sanitation Foundation (NSF) for use in potable water lines meeting NSF 61. d. Outlets shall be three quarter inch (¾”), one-inch (1”), one and half inch (1-1/2”) or two- inch (2”) AWWA CC female taper threads. e. Straps shall be 18-8 type 304 stainless steel. f. Straps shall be multiple straps or a single strap three inches (3”) or more wide g. Straps shall have a curvature accurately formed to meet the diameter of the pipe h. Nuts and bolts shall be stainless steel 18-8 type 304 with lubricant to prevent galling. i. Gaskets shall be securely glued or imbedded in the body of the clamp to ensure a positive seal against the pipe. j. Saddle gaskets shall be ethylene propylene diene monomer (EPDM) rubber. k. Welds shall be fully passivated for corrosion resistance G.2 Coating: a. Fusion bonded epoxy / nylon coating, minimum twelve (12) mils thick G.3 Approved manufacturers: a. FORD FC202 / FCD202 b. JCM 406 c. ROMAC 202NS (nylon coating) d. SMITH BLAIR 397/317 H. TAP SLEEVES – TAP SIZES 4” THRU 24”, FLANGE CONNECTION, FABRICATED STEEL, EPOXY COATED FOR DUCTILE IRON, CAST IRON AND PVC PIPE H.1 Specifications / Material: Tapping sleeves shall meet or exceed the flow performance DETAILED SPECIFICATIONS Ductile Pipes, Fittings, Joint, & PE Tubing ITB # 49-20 22 specifications of: a. Body shall be carbon steel per ASTM Standards A36 or A283 Grade C. b. Gasket seals shall ASTM Standards D2000. c. Shall comply with and be labeled as approved by the National Sanitation Foundation (NSF) for use in potable water lines meeting NSF 61. d. Nuts and bolts shall be stainless steel 18-8 type 304 with lubricant to prevent galling. e. Flange shall conform to AWWA C207 Class D, ANSI 150 lb. drilling and recessed for tapping valve (MSS-SP60). f. Gaskets shall be securely glued or imbedded in the body of the sleeve to ensure a positive seal against the pipe. g. Saddle gaskets shall be ethylene propylene diene monomer (EPDM) rubber. h. Outlet half of sleeve shall be furnished with a three-quarter inch (3/4”) NPT test port and bronze or stainless-steel plug. i. Body shall have a curvature accurately formed to meet the diameter of the pipe. H.2 Coating: a. Fusion bonded epoxy coating, minimum twelve (12) mils thick. H.3 Approved Manufacturers: a. FORD FTSC b. JCM 412 c. ROMAC FTS 420 d. SMITH BLAIR 622 4. DELIVERY. Delivery shall be made to the location(s) indicated no later than 30 days after receipt of an order. Delivery hours are from 8:00am to 3:00pm; Monday through Friday. Ship to: City of Clearwater Public Utilities 1650 Arcturas Ave. Clearwater, FL 33765 8. INSURANCE REQUIREMENTS. The Vendor shall, at its own cost and expense, acquire and maintain (and cause any subcontractors, representatives or agents to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A-VII or better. In addition, the City has the right to review the Contractor’s deductible or self-insured retention and to require that it be reduced or eliminated. Specifically the Vendor must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement: a. Commercial General Liability Insurance coverage, including but not limited to, premises operations, products/completed operations, products liability, contractual liability, advertising injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. b. Commercial Automobile Liability Insurance coverage for any owned, non-owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars) combined single limit. 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 DETAILED SPECIFICATIONS Ductile Pipes, Fittings, Joint, & PE Tubing ITB # 49-20 23 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. Pollution Liability Insurance coverage, which covers any and all losses caused by pollution conditions (including sudden and non-sudden pollution conditions) arising from the servicing and operations of Vendor (and any subcontractors, representatives, or agents) involved in the work/transport, in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. 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 #49-20 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 Ductile Pipes, Fittings, Joint, & PE Tubing ITB # 49-20 24 1. BEGINNING AND END DATE OF INITIAL TERM. 11/16/2020 - 11/15/2021 If the commencement of performance is delayed because the City does not execute the contract on the start date, the City may adjust the start date, end date and milestones to reflect the delayed execution. 2. EXTENSION. The City reserves the right to extend the term of this contract, provided however, that the City shall give written notice of its intentions to extend this contract no later than thirty (30) days prior to the expiration date of the contract. 3. RENEWAL. At the end of the initial term of this contract, the City may initiate renewal(s) as provided. The decision to renew a contract rests solely with the City. The City will give written notice of its intention to renew the contract no later than thirty (30) days prior to the expiration. Two (2), one (1) year (change as appropriate) renewals possible at the City’s option. 4. PRICES. All pricing shall be firm for the initial term of one (1) year; except where otherwise provided by the specifications, and include all transportation, insurance and warranty costs. The City shall not be invoiced at prices higher than those stated in any contract resulting from this bid. The Contractor certifies that the prices offered are no higher than the lowest price the Contractor charges other buyers for similar quantities under similar conditions. The Contractor further agrees that any reductions in the price of the goods or services covered by this bid and occurring after award will apply to the undelivered balance. The Contractor shall promptly notify the City of such price reductions. During the sixty (60) day period prior to each annual anniversary of the contract effective date, the Contractor may submit a written request that the City increase the prices for an amount for no more than the twelve month change in the Producer Price Index for (PPI #101 Iron and Steel), Seasonally Adjusted as published by the U.S. Department of Labor, Bureau of Labor Statistics (http://www.bls.gov/ppi/home.htm). The City shall review the request for adjustment and respond in writing; such response and approval shall not be unreasonably withheld. At the end of the initial term, pricing may be adjusted for amounts other than inflation based on mutual agreement of the parties after review of appropriate documentation. Renewal prices shall be firm for at least one year and may be adjusted thereafter as outlined in the previous paragraph. No fuel surcharges will be accepted. BID SUBMISSION Ductile Pipes, Fittings, Joint, & PE Tubing ITB # 49-20 25 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 (if requested) Bid container properly labeled Bid pricing form Exceptions/Additional Materials/Addenda form Vendor Information form Scrutinized Companies form(s) as required Offer Certification form A copy of NSF/ANSI Standard 61 certification W-9 Form to be provided by Bidder (http://www.irs.gov/pub/irs-pdf/fw9.pdf) BID PRICING Ductile Pipes, Fittings, Joint, & PE Tubing ITB # 49-20 26 Pursuant to all the contract specifications enumerated and described in this solicitation, we agree to furnish ductile iron pipe, fittings, valves, mechanical joint restraints, and polyethylene tubing to the City of Clearwater’s Public Utilities Department at the price(s) stated in Exhibit A – Bid Pricing. Exhibit A – Bid Pricing must be completed by Group and all items within a Group must be bid on, in order to be considered; however, a bidder does not have to bid all Groups. A hard copy of the bid pricing pages must be signed on each page by the bidder. The electronic copy of Exhibit A- Bid Pricing, Excel bid pricing sheets, does not need to be signed. The successful bidder(s) will provide these items on an as needed basis. The quantities indicated in Exhibit A- Bid Pricing sheet is given only as an estimated annual usage and should not be construed as representing the actual amount to be purchased under this contract. DELIVERY REQUIREMENTS. FOB: Destination, Freight Prepaid and Allowed Freight Costs: Unit prices should include all freight and shipping charges. Delivery, as stated in Detailed Specifications, can be met _____ Yes _____ No If no, specify minimum number of days for a standard delivery PAYMENT TERMS: City of Clearwater’s standard payment terms are NET30 Vendor: _________________________________________ Date:_______________________________ EXCEPTIONS/ADDITIONAL MATERIALS/ADDENDA Ductile Pipes, Fittings, Joint, & PE Tubing ITB # 49-20 27 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 Ductile Pipes, Fittings, Joint, & PE Tubing ITB # 49-20 28 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 Ductile Pipes, Fittings, Joint, & PE Tubing ITB # 49-20 29 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 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 other judicial process; provided that Clearwater agrees not to change or delete any copyright or proprietary notices. g) Respondent hereby warrants to the City that the respondent and each of its subcontractors (“Subcontractors”) will comply with, and are contractually obligated to comply with, all Federal Immigration laws and regulations that relate to their employees. h) Respondent certifies that they are not in violation of section 6(j) of the Federal Export Administration Act and not debarred by any Federal or public agency. i) It will provide the materials or services specified in compliance with all Federal, State, and Local Statutes and Rules if awarded by the City. j) It is current in all obligations due to the City. k) It will accept such terms and conditions in a resulting contract if awarded by the City. l) The signatory is an officer or duly authorized agent of the respondent with full power and authority to submit binding offers for the goods or services as specified herein. ACCEPTED AND AGREED TO: Company Name: Signature: Printed Name: Title: Date: MAILING LABEL CUT ALONG THE LINE AND AFFIX TO THE FRONT OF YOUR BID CONTAINER Ductile Pipes, Fittings, Joint, & PE Tubing ITB # 49-20 31 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ SEALED BID Submitted by: Company Name: Address: City, State, Zip: ITB #49-20, Ductile Pipe, Fittings, Joints, & PE Tubing Due Date: September 23, 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 #49-20, Ductile Pipe, Fittings, Joints, & PE Tubing Due Date: September 23, 2020 at 10:00 A.M. ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ City of Clearwater Attn: Procurement 100 S Myrtle Ave 3rd Fl Clearwater FL 33756-5520 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8266 Agenda Date: 11/2/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 11.1 SUBJECT/RECOMMENDATION: Appoint one member to the Marine Advisory Board to fill the remainder of an unexpired term until March 31, 2021. SUMMARY: APPOINTMENT WORKSHEET BOARD: Marine Advisory Board TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Not Required RESIDENCY REQUIREMENT: City of Clearwater SPECIAL QUALIFICATIONS: None MEMBERS: 7 + 1 Ex Officio CHAIRPERSON: Edward T. O’Brien, Jr. MEETING DATES: 2nd Wed., 8 am (Quarterly) PLACE: Main Library APPTS. NEEDED: 1 THE FOLLOWING ADVISORY BOARD MEMBER HAD RESIGNED AND NOW REQUIRES REPLACEMENT BY A NEW APPOINTEE: 1. Ken Marlow - 1315 Ranchwood Dr., 33764 - Financial Services Original Appointment: 8/4/16 (was serving 1st term to expire 3/31/21) Resigned: 9/5/19 THE NAMES BELOW ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCY: 1. Julie E. Battaglia - 2670 Barksdale Ct., 33761 - Adm. Assistant 2. Maranda Douglas - 1729 Carlisle St., 33756 - Founder, CEO/Top Nauts LLC 3. Roger P. Schulman - 2337 Willow Tree Trail, 33763 - Radio News Broadcasting/Salem Media 4. Aaron Smith-Levin - 1615 Harvard St., 33755 - Self-employed/Investment Research 5. David C. Farrar - 224 Skiff Pt., 33767 - Real Estate Investor 6. Deena Stanley - 1280 Lakeview Rd., Lot 339, 33756 - Tax and Payroll Accounting Page 1 City of Clearwater Printed on 10/28/2020 File Number: ID#20-8266 7. Michael Bergeron - 216 Kilmer Ave., 33765 - Lost Property Coord./Retired Firefighter 8. Nicole S. Kent - 2909 Gulf to Bay Blvd., P208, 33759 - Marine Biologist Zip codes of current members on board: 3 at 33759 2 at 33761 1 at 33767 1 at 33786 Page 2 City of Clearwater Printed on 10/28/2020 From: Clearwater <noreply@publicstuff.com> Sent: Tuesday, October 27, 2020 12:09 PM To: Chesney, Ed <Ed.Chesney@myClearwater.com> Subject: Marine & Aviation Inquiry #8996307 has been submitted Notification Marine & Aviation Inquiry Hi Ed Chesney, Marine & Aviation Inquiry Request #8996307, which you subscribed to, has been submitted to Accela. This request was submitted by douglasma at Oct 27, 2020,12:09 PM EDT through Iframe. Request Details Description October 26th, 2020 RE: Marine Advisory Board New Board Member Greetings, My name is Maranda Douglas and I would like to offer the Marine Advisory Board my support in joining as a new member. To strengthen my candidacy for this role, I've found there are a few key qualities that I possess that will enhance diversity on this Board as well as the representation of residents. Specifically, I’ve: - Launched Top Nauts LLC, a minority female-owned business network that aims to support the recreational boating industry by connecting boat owners and enthusiasts with a network of top quality resources and local service providers. Additionally, as a true native to Pinellas County, Top Nauts has motivated me to work with the community youth with aims to create jobs and exposure to the wide array of careers within the marine industry. - Served as one of the founding members of the Clearwater Urban Leadership Coalition (CULC); a collaborative network of organizations working towards a future of economic growth and preservation for the North Greenwood Community and beyond. Through this organization, I have been able to network with influential community partners with a goal to revitalize the local community and promote self- sufficiency by mobilizing resources to develop and implement programs. - Served as the Executive Director for FYI Community Partnerships Inc., a local non-profit focused on social service and providing access to resources that empower at-risk communities. FYI has activated over 100 residents in the Lake Belleview community through our Murals on MLK projects; working to eliminate blight in the community with 15 storm drain murals, a painted intersection, and a “living” wall mural coming soon. I’m hopeful serving as a member of the Marine Advisory Board will further support my passions for learning new things about the marine industry and working alongside like- minded professionals to make a change in the community. As a resource leader for my community, I’m eager to connect with these types of opportunities that match my career goals and personal values. If there is an opportunity for continued conversation, I would be happy to connect with you at your convenience. Warm regards, Maranda Douglas https://www.linkedin.com/in/maranda- douglas 727-315-3069 Priority NONE Status SUBMITTED Address Clearwater, FL, USA Due Date Oct 29, 2020,12:00 AM EDT View this request here: https://gov.publicstuff.com/request/view/8996307 Thanks! Clearwater About | Support Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8281 Agenda Date: 11/2/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 11.2 SUBJECT/RECOMMENDATION: Appoint Lucas Geraldi-Smith to the Sister Cities Advisory Board, as the youth member, with term to expire October 31, 2024. SUMMARY: APPOINTMENT WORKSHEET BOARD: Sister Cities Advisory Board TERM: 4 years APPOINTED BY: Sister Cities Advisory Board FINANCIAL DISCLOSURE: Not Required RESIDENCY REQUIREMENT: One member of the City Council MEMBERS: 6 + 1 At-large member CHAIRPERSON: Michael Ballard MEETING DATES: Quarterly PLACE: Council Chambers APPOINTMENTS NEEDED: 1 SPECIAL QUALIFICATIONS: Representatives of Clearwater Sister Cities, Inc., the local business community, the School Board’s World Language Coordinator or designee, and the Clearwater Arts Alliance shall not be required to reside within the City of Clearwater. THE FOLLOWING ADVISORY BOARD MEMBER HAS A SEAT THAT WILL BE EXPIRING. HE IS CURRENTLY SERVING ON THIS BOARD AS THE YOUTH MEMBER REPRESENTATIVE AND HE WISHES REAPPOINTMENT: 1. Lucas Geraldi-Smith - 2821 Anderson Drive N., 33761 - Student Original Appointment: 7/18/19 (currently filling the remainder of an unexpired term until 10/31/20) 1 Absence in the last year (Youth member) Zip codes of current members: 1 - 33710 2 - 33761 1 - 33763 1 - 34683 Page 1 City of Clearwater Printed on 10/28/2020 File Number: ID#20-8281 1 - 34684 Page 2 City of Clearwater Printed on 10/28/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8370 Agenda Date: 11/2/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 11.3 SUBJECT/RECOMMENDATION: Appoint one member to the Community Development Board as the Alternate member to fill the remainder of an unexpired term through April 30, 2022. SUMMARY: APPOINTMENT WORKSHEET BOARD: Community Development Board TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Yes RESIDENCY REQUIREMENT: City of Clearwater MEMBERS: 7 & 1 Alternate CHAIRPERSON: Michael Boutzoukas MEETING DATES: 3rd Tues., 1:00 p.m. PLACE: Main Library APPTS. NEEDED: 1 SPECIAL QUALIFICATIONS: Board shall include members qualified and experienced in the fields of architecture, planning, landscape architecture, engineering, construction, planning & land use law and real estate THE FOLLOWING ADVISORY BOARD MEMBER HAS RESIGNED AND NOW REQUIRES REPLACEMENT BY A NEW APPOINTEE TO SERVE AS THE ALTERNATE MEMBER: 1. Elizabeth Van Scoyoc - 3460 Countryside Blvd., #51, 33761 - Administrative Specialist Original Appointment: 5/3/18 (was serving 1st term to expire 4/30/22) Resigned: 9/29/20 (Alternate Member) THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCY: 1. Chelsea Allison - 309 Lebeau St., 33755 - Sales Page 1 City of Clearwater Printed on 10/28/2020 File Number: ID#20-8370 2. Leslie S. Coley - 809 Woodlawn St., 33756 - Self-employed/Dyvine Appointments LLC 3. Brenda L. Dallas Griffith - 2055 Wilson Blvd., 33755 - Real Estate 4. David Jaye - 2856 Shady Oak Court, 33761 - Real Estate 5. Peter Kohut - 240 Windward Passage Unit 105, 33767 - Civil Engineer 6. Nils Kushta - 2387 Hazelwood Ln., 33763 - V.P. Unicco Construction Group, Inc. Zip codes of current members: 1 at 33755, 1 at 33759, 2 at 33764 and 3 at 33767 Current Categories: 2 Architects 2 Attorneys 1 Civil Engineer 1 Professional Engineer 1 Real Estate Broker Page 2 City of Clearwater Printed on 10/28/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8371 Agenda Date: 11/2/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 11.4 SUBJECT/RECOMMENDATION: Appoint three members to the Municipal Code Enforcement Board with terms to expire October 31, 2023 and appoint one member to fill the remainder of an unexpired term until October 31, 2021. SUMMARY: APPOINTMENT WORKSHEET BOARD: Municipal Code Enforcement Board TERM: 3 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Required RESIDENCY REQUIREMENT: City of Clearwater SPECIAL QUALIFICATIONS: Whenever possible, this Board shall include an architect, engineer, businessperson, general contractor, sub-contractor & a realtor MEMBERS: 7 CHAIRPERSON: Sue Johnson MEETING DATES: 4th Wed., 1:30 p.m. Nov. and Dec. - TBA APPOINTMENTS NEEDED: 5 THE FOLLOWING ADVISORY BOARD MEMBERS HAVE TERMS WHICH EXPIRE AND NOW REQUIRE EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE: 1. Wayne Carothers - 1475 Excaliber Dr., 33764 - Sales Service Inst. Original Appointment: 2/2/12 (2 Absences in the past year) Interest in Reappointment: NO (currently serving 2nd term to expire 10/31/20) 2. Sheila Cole - 670 Island Way, 33767 - Retired/Exec. Dir Clearwater Beach Chamber of Commerce Original Appointment: 10/4/18 (1 Absence in the past year) Interest in Reappointment: YES Page 1 City of Clearwater Printed on 10/28/2020 File Number: ID#20-8371 (currently filling unexpired term to expire 10/31/20) 3. Sue Johnson - 730 Bruce Ave., 33767 - Retired/BA Inst. Court Original Appointment: 10/19/17 Interest in Reappointment: NO (currently serving 1st term to expire 10/31/20) 4. Robert Prast - 1406 Stonehaven Ln., Dunedin, FL 34698 - Retired/BS Chemistry Original Appointment: 11/5/15 (was serving 2nd term to expire 10/31/21) Resigned: 9/17/20 - (moved out of Clearwater) 5. Daniel Engel - 211 S. Prospect Ave., #603, 33756 - Retired/Engineering Original Appointment: 10/20/16 (was serving 2nd term to expire 10/31/22) Resigned: 10/15/20 THE NAMES BELOW ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCIES: 1. Greg A. Brown - 1424 Barry St., 33756 - Production/Tour Manager (currently serving on the Nuisance Abatement Board) 2. Lina Teixeira - 522 Cleveland St., #1502, 33755 - RN/Artist/Business Owner 3. David C. Farrar - 224 Skiff Pt., 33767 - Real Estate Investor Zip codes of current members: 1 at 33755; 2 at 33764; 2 at 33767 Current Categories: 1 Business, Finance, Real Estate 1 Real Estate Consultant 1 Retired/BA Inst. Court Management 1 Retired/Exec. Dir. Clearwater Beach Chamber of Commerce 1 Sales/Service Page 2 City of Clearwater Printed on 10/28/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9399-20 2nd rdg Agenda Date: 11/2/2020 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 12.1 SUBJECT/RECOMMENDATION: Adopt Ordinance 9399-20 on second reading, annexing certain real properties whose post office addresses are 1468 Carolyn Lane and 1824 Wes Drive, all in Clearwater, Florida 33755, into the corporate limits of the city and redefining the boundary lines of the city to include said additions. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 10/28/2020 Ordinance No. 9399-20 ORDINANCE NO. 9399-20 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTIES LOCATED ON THE NORTH SIDE OF CAROLYN LANE APPROXIMATELY 330 FEET WEST OF NORTH HIGHLAND AVENUE AND LOCATED ON THE WEST SIDE OF WEST DRIVE APPROXIMATELY 410 FEET NORTH OF GREENLEA DRIVE, WHOSE POST OFFICE ADDRESSES ARE 1468 CAROLYN LANE AND 1824 WEST DRIVE, ALL IN CLEARWATER, FLORIDA 33755, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owners of the real properties described herein and depicted on the map attached hereto as Exhibit B have petitioned the City of Clearwater to annex the properties into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described properties are hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: See attached Exhibit A for Legal Descriptions; (ANX2020-06007, ANX2020-07009) The map attached as Exhibit B is hereby incorporated by reference. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Community Development Coordinator are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. Ordinance No. 9399-20 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank Hibbard Mayor Approved as to form: Michael P. Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A LEGAL DESCRIPTIONS ANX2020-06007 & ANX2020-07009 ========================================================================================= No. Parcel ID Lot No., Block No. Address 1. 02-29-15-90288-000-0120 Lot 12 1468 Carolyn Lane The above in TERRA ALTO ESTATES, as recorded in PLAT BOOK 45, PAGE 5, of the Public Records of Pinellas County, Florida. No. Parcel ID Lot No., Block No. Address 2. 02-29-15-85716-000-0060 Lot 6 1824 West Drive The above in SUBAN’S SUBDIVISION, as recorded in PLAT BOOK 40, PAGE 32, of the Public Records of Pinellas County, Florida. Exhibit B Proposed Annexation Map Owner(s): Equity Trust Co. CDN H and B Reserve, LLC Corey Gray & Christine Armstrong Case: ANX2020-06007 ANX2020-07009 Site: 1468 Carolyn Lane 1824 West Drive Property Size(Acres): ROW (Acres): 0.376 Land Use Zoning PIN: 02-29-15-85716-000-0060 02-29-15-90288-000-0120 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 261A To: Residential Low (RL) Low Medium Density Residential (LMDR) 1 10926 90288 16470857167335971722 29234 16470 88237 38627 B B C C 16 15 89 90 91 92 93 94 75 74 73 72 71 76 65 66 67 68 69 70 52 51 50 49 48 47 117 39 40 41 42 43 44 45 46 95 96 97 98 99 100 101102103 104105 1 2 3 4 5 6 7 8 9 10 11 12 13 14 A 8 7 6 5 4 3 2 1 9 10 11 12 13 14 15 16 24 23 22 21 20 19 18 17 25 26 27 30 31 32 28 29 12 3 4 5 6 1 2 3 4 5 6 7 8 9 10 11 12 1234 12 11 10 9 25 24 23 22 21 20 19 18 17 16 15 1 2 5 6 7 8 9 8 7 6 5 4 3 9 1 4 2 3 1 2 34/01 31/06 32/12 31/04 32/01 32/08 32/09 32/10 32/11 32/02 32/0532/0432/031.14 2.75 32/13 DEEDDISCREPANCY AC(C) AC(C) 1 1 1 1 WEST DR N HIGHLAND AVE SUNSET POINT RD JOEL LN OTTEN ST GREENLEA DR CAROLYN LN FLORA LN SPRING LN THAMES LN WESTON DR 179917991799 1799 1799 1799 1799 1799 1799 17991799 1799 1799 1799 17991799 1799 1799 1799 1831 1890 1808 1814 1820 1818 1836 1824 1840 15501835 1897 1840 1830 15771877 15461883 1875 1804 1801 1822 15751867 15871848 1799 1840 1885 1891 1803 1844 1844 1874 1901 1846 1844 1900 1898 1863 1895 1812 15441810 1824 15271523143314461440143118321463 1450148614631840 142915511794 14371475176514341453 182014551449 1865 1817 146314531821 156514741465146914521869 1828 1836 1809 148714811456145318161465 18121841 #81841 #61841 #41841 #21831 #10 1831 #50 1831 #30 1778 1799 1799 179917991799 1815 152715211806 1812 15521899 1828 1827 15851832 1826 1851 1887 1856 1842 1823 1871 1835 1864 1834 1838 1816 1849 5831869 1889 1893 1861 156215601841 1831 1824 1865 1862 1868 1845 1452147114511740 149152514144014143414691900 1487157147514301433143014301835 1492143918291450185714321456 1819 15618241438 14571444143614351831 14931453180815211445 14621442156143314451445144114421475143614491864 1761 14 4 7 145918411 143718611 1449146814441860 1844 1856 1780 1448144114341853 1429144314931446141450145714611451 14811866 1833141843 156014371850 14801551469144114481813 155514381841 #71841 #31841 #11841 #5b1841 #5a1831 #20 1831 #40 -Not to Scale--Not a Survey-Rev. 8/11/2020 Location Map Owner(s): Equity Trust Co. CDN H and B Reserve, LLC Corey Gray & Christine Armstrong Case: ANX2020-06007 ANX2020-07009 Site: 1468 Carolyn Lane 1824 West Drive Property Size(Acres): ROW (Acres): 0.376 Land Use Zoning PIN: 02-29-15-85716-000-0060 02-29-15-90288-000-0120 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 261A To: Residential Low (RL) Low Medium Density Residential (LMDR) KINGS HWY N HIGHLAND AVE SUNSET POINT RD EAST DR WEST DR SHARONDALE DR OTTEN ST JOEL LN LINWOOD DR SANDY LN GREENLEA DR WILSON RD WESTON DR SPRING LN THAMES LN ROSEMONT DR ERIN LN ELIZABETH LN FLORA LN BARBARA LN FLORA RD BENTLEY ST GROVE CIRCLE CT PAMELIA DR HEAVEN SENT LN SANDY LN CAROLYN LN ^ PROJECT SITE -Not to Scale--Not a Survey-Rev. 8/14/2020 ^ PROJECT SITE Aerial Photograph Owner(s): Equity Trust Co. CDN H and B Reserve, LLC Corey Gray & Christine Armstrong Case: ANX2020-06007 ANX2020-07009 Site: 1468 Carolyn Lane 1824 West Drive Property Size(Acres): ROW (Acres): 0.376 Land Use Zoning PIN: 02-29-15-85716-000-0060 02-29-15-90288-000-0120 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 261A To: Residential Low (RL) Low Medium Density Residential (LMDR) WEST DR WEST DR N HIGHLAND AVE N HIGHLAND AVE SUNSET POINT RD SUNSET POINT RD JOEL LN JOEL LN OTTEN ST OTTEN ST GREENLEA DR GREENLEA DR CAROLYN LN CAROLYN LN FLORA LN FLORA LN SPRING LN SPRING LN THAMES LN THAMES LN WESTON DR WESTON DR SOUTH DR SOUTH DR BENTLEY ST BENTLEY ST -Not to Scale--Not a Survey-Rev. 8/11/2020 Existing Surrounding Uses Map Owner(s): Equity Trust Co. CDN H and B Reserve, LLC Corey Gray & Christine Armstrong Case: ANX2020-06007 ANX2020-07009 Site: 1468 Carolyn Lane 1824 West Drive Property Size(Acres): ROW (Acres): 0.376 Land Use Zoning PIN: 02-29-15-85716-000-0060 02-29-15-90288-000-0120 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 261A To: Residential Low (RL) Low Medium Density Residential (LMDR) 1 10926 90288 16470857167335971722 29234 16470 88237 38627 B B C C 16 15 89 90 91 92 93 94 75 74 73 72 71 76 65 66 67 68 69 70 52 51 50 49 48 47 117 39 40 41 42 43 44 45 46 95 96 97 98 99 100 101102103 104105 1 2 3 4 5 6 7 8 9 10 11 12 13 14 A 8 7 6 5 4 3 2 1 9 10 11 12 13 14 15 16 24 23 22 21 20 19 18 17 25 26 27 30 31 32 28 29 12 3 4 5 6 1 2 3 4 5 6 7 8 9 10 11 12 1234 12 11 10 9 25 24 23 22 21 20 19 18 17 16 15 1 2 5 6 7 8 9 8 7 6 5 4 3 9 1 4 2 3 1 2 34/01 31/06 32/12 31/04 32/01 32/08 32/09 32/10 32/11 32/02 32/0532/0432/031.14 2.75 32/13 DEEDDISCREPANCY AC(C) AC(C) 1 1 1 1 WEST DR N HIGHLAND AVE SUNSET POINT RD JOEL LN OTTEN ST GREENLEA DR CAROLYN LN FLORA LN SPRING LN THAMES LN WESTON DR 179917991799 1799 1799 1799 1799 1799 1799 17991799 1799 1799 1799 17991799 1799 1799 1799 1831 1890 1808 1814 1820 1818 1836 1824 1840 15501835 1897 1840 1830 15771877 15461883 1875 1804 1801 1822 15751867 15871848 1799 1840 1885 1891 1803 1844 1844 1874 1901 1846 1844 1900 1898 1863 1895 1812 15441810 1824 15271523143314461440143118321463 1450148614631840 142915511794 14371475176514341453 182014551449 1865 1817 146314531821 156514741465146914521869 1828 1836 1809 148714811456145318161465 18121841 #81841 #61841 #41841 #21831 #10 1831 #50 1831 #30 1778 1799 1799 179917991799 1815 152715211806 1812 15521899 1828 1827 15851832 1826 1851 1887 1856 1842 1823 1871 1835 1864 1834 1838 1816 1849 5831869 1889 1893 1861 156215601841 1831 1824 1865 1862 1868 1845 1452147114511740 149152514144014143414691900 1487157147514301433143014301835 1492143918291450185714321456 1819 15618241438 14571444143614351831 14931453180815211445 14621442156143314451445144114421475143614491864 1761 1 4 4 7 145918411 143718611 1449146814441860 1844 1856 1780 1448144114341853 1429144314931446141450145714611451 14811866 1833141843 156014371850 14801551469144114481813 155514381841 #71841 #31841 #11841 #5b1841 #5a1831 #20 1831 #40 -Not to Scale--Not a Survey-Rev. 8/11/2020 Single Family Residential Single Family Residential Place of Worship Multi-Family Residential Commercial Commercial Commercial Single and Multi-Family Residential Commercial ANX2020-06007 Equity Trust Co. CDN; H and B Reserve, LLC 1468 Carolyn Lane View looking north at the subject property, 1468 Carolyn Lane Across the street, to the south of the subject property East of the subject property West of the subject property View looking easterly along Carolyn Lane View looking westerly along Carolyn Lane ANX2020-07009 Corey Gray & Christine Armstrong 1824 West Drive View looking west at the subject property, 1824 West Drive Across the street, to the east of the subject property North of the subject property South of the subject property View looking northerly along West Drive View looking southerly along West Drive Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9400-20 2nd rdg Agenda Date: 11/2/2020 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 12.2 SUBJECT/RECOMMENDATION: Adopt Ordinance 9400-20 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real properties whose post office addresses are 1468 Carolyn Lane and 1824 Wes Drive, all in Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Residential Low (RL). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 10/28/2020 Ordinance No. 9400-20 ORDINANCE NO. 9400-20 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 NORTH SIDE OF CAROLYN LANE APPROXIMATELY 330 FEET WEST OF NORTH HIGHLAND AVENUE, AND LOCATED ON THE WEST SIDE OF WEST DRIVE APPROXIMATELY 410 FEET NORTH OF GREENLEA DRIVE, WHOSE POST OFFICE ADDRESSES ARE 1468 CAROLYN LANE AND 1824 WEST DRIVE, ALL IN CLEARWATER, FLORIDA 33755, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Future Land Use Element of the Comprehensive Plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Future Land Use Element of the Comprehensive Plan of the City of Clearwater is amended by designating the land use category for the hereinafter described properties, upon annexation into the City of Clearwater, as follows: Property Land Use Category See attached Exhibit A for Legal Descriptions; Residential Low (RL) (ANX2020-06007, ANX2020-07009) The map attached as Exhibit B is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s Comprehensive Plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9399-20. Ordinance No. 9400-20 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank Hibbard Mayor Approved as to form: Michael P. Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A LEGAL DESCRIPTIONS ANX2020-06007 & ANX2020-07009 ========================================================================================= No. Parcel ID Lot No., Block No. Address 1. 02-29-15-90288-000-0120 Lot 12 1468 Carolyn Lane The above in TERRA ALTO ESTATES, as recorded in PLAT BOOK 45, PAGE 5, of the Public Records of Pinellas County, Florida. No. Parcel ID Lot No., Block No. Address 2. 02-29-15-85716-000-0060 Lot 6 1824 West Drive The above in SUBAN’S SUBDIVISION, as recorded in PLAT BOOK 40, PAGE 32, of the Public Records of Pinellas County, Florida. Exhibit B Proposed Future Land Use Map Owner(s): Equity Trust Co. CDN H and B Reserve, LLC Corey Gray & Christine Armstrong Case: ANX2020-06007 ANX2020-07009 Site: 1468 Carolyn Lane 1824 West Drive Property Size(Acres): ROW (Acres): 0.376 Land Use Zoning PIN: 02-29-15-85716-000-0060 02-29-15-90288-000-0120 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 261A To: Residential Low (RL) Low Medium Density Residential (LMDR) 1 10926 90288 16470857167335971722 29234 16470 88237 38627 B B C C 16 15 89 90 91 92 93 94 75 74 73 72 71 76 65 66 67 68 69 70 52 51 50 49 48 47 117 39 40 41 42 43 44 45 46 95 96 97 98 99 100 101102103 104105 1 2 3 4 5 6 7 8 9 10 11 12 13 14 A 8 7 6 5 4 3 2 1 9 10 11 12 13 14 15 16 24 23 22 21 20 19 18 17 25 26 27 30 31 32 28 29 12 3 4 5 6 1 2 3 4 5 6 7 8 9 10 11 12 1234 12 11 10 9 25 24 23 22 21 20 19 18 17 16 15 1 2 5 6 7 8 9 8 7 6 5 4 3 9 1 4 2 3 1 2 34/01 31/06 32/12 31/04 32/01 32/08 32/09 32/10 32/11 32/02 32/0532/0432/031.14 2.75 32/13 DEEDDISCREPANCY AC(C) AC(C) 1 1 1 1 RL RL CG I RH RU RU CG RU R/OG RL RU RU RU RL T/U RU R/OS RL RU RU RU RU RU RU RU RU RU RH RU RU T/U RL RL RL WEST DR N HIGHLAND AVE SUNSET POINT RD JOEL LN OTTEN ST GREENLEA DR FLORA LN WESTON DR CAROLYN LN 1816 1842 1844 15461822 1799 1844 1895 1799 1804 1799 1830 1869 1814 1799 1891 1831 15771877 1810 1799 1799 1885 1836 1799 15871799 1820 1799 1835 1840 1898 1799 1901 1824 15751824 1799 1799 1883 15501846 1799 1844 1840 1808 1799 1801 152117991799 1803 1863 1799 1875 1799 1897 1890 15441821 1828 1456145315251865 1844 1832144914371453 146914651817 1820 1869 1440180915211434 143114531475145214501429148614461841 #61841 #11841 #31841 #81841 #5a1831 #40 1831 #30 1864 1799 1856 1824 1861 18741851 15271799 1799 1862 1840 1831 15851871 1827 1849 1812 1838 1899 1812 1799 1815 15625831889 1832 1799 1834 1778 1823 1868 15521865 1828 1848 1806 1887 1799 1826 1835 1845 1867 1893 1841 1900 1799 1818 15601441146914931442145314291765 1843 1794 1836 1442145718081444 14571824 1475145215651 447 156018291551144814451833 1481149148014631440143814411840 14621780 141740 14871147418191418661450 145118121436 157143714451441143218161455 1857 1831 1493156149214871433143814681561861 1864 14491900 1860 14611430143718351445 1463144318411433 1439143015271475152314631446114441761 14511449 1459143414811436181314481850 147114331856 18531434 14351414501469143015515551146514561841 #71841 #41841 #21831 #101841 #5b1831 #50 1831 #20 -Not to Scale--Not a Survey-Rev. 8/14/2020 Location Map Owner(s): Equity Trust Co. CDN H and B Reserve, LLC Corey Gray & Christine Armstrong Case: ANX2020-06007 ANX2020-07009 Site: 1468 Carolyn Lane 1824 West Drive Property Size(Acres): ROW (Acres): 0.376 Land Use Zoning PIN: 02-29-15-85716-000-0060 02-29-15-90288-000-0120 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 261A To: Residential Low (RL) Low Medium Density Residential (LMDR) KINGS HWY N HIGHLAND AVE SUNSET POINT RD EAST DR WEST DR SHARONDALE DR OTTEN ST JOEL LN LINWOOD DR SANDY LN GREENLEA DR WILSON RD WESTON DR SPRING LN THAMES LN ROSEMONT DR ERIN LN ELIZABETH LN FLORA LN BARBARA LN FLORA RD BENTLEY ST GROVE CIRCLE CT PAMELIA DR HEAVEN SENT LN SANDY LN CAROLYN LN ^ PROJECT SITE -Not to Scale--Not a Survey-Rev. 8/14/2020 ^ PROJECT SITE Aerial Photograph Owner(s): Equity Trust Co. CDN H and B Reserve, LLC Corey Gray & Christine Armstrong Case: ANX2020-06007 ANX2020-07009 Site: 1468 Carolyn Lane 1824 West Drive Property Size(Acres): ROW (Acres): 0.376 Land Use Zoning PIN: 02-29-15-85716-000-0060 02-29-15-90288-000-0120 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 261A To: Residential Low (RL) Low Medium Density Residential (LMDR) WEST DR WEST DR N HIGHLAND AVE N HIGHLAND AVE SUNSET POINT RD SUNSET POINT RD JOEL LN JOEL LN OTTEN ST OTTEN ST GREENLEA DR GREENLEA DR CAROLYN LN CAROLYN LN FLORA LN FLORA LN SPRING LN SPRING LN THAMES LN THAMES LN WESTON DR WESTON DR SOUTH DR SOUTH DR BENTLEY ST BENTLEY ST -Not to Scale--Not a Survey-Rev. 8/11/2020 Existing Surrounding Uses Map Owner(s): Equity Trust Co. CDN H and B Reserve, LLC Corey Gray & Christine Armstrong Case: ANX2020-06007 ANX2020-07009 Site: 1468 Carolyn Lane 1824 West Drive Property Size(Acres): ROW (Acres): 0.376 Land Use Zoning PIN: 02-29-15-85716-000-0060 02-29-15-90288-000-0120 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 261A To: Residential Low (RL) Low Medium Density Residential (LMDR) 1 10926 90288 16470857167335971722 29234 16470 88237 38627 B B C C 16 15 89 90 91 92 93 94 75 74 73 72 71 76 65 66 67 68 69 70 52 51 50 49 48 47 117 39 40 41 42 43 44 45 46 95 96 97 98 99 100 101102103 104105 1 2 3 4 5 6 7 8 9 10 11 12 13 14 A 8 7 6 5 4 3 2 1 9 10 11 12 13 14 15 16 24 23 22 21 20 19 18 17 25 26 27 30 31 32 28 29 12 3 4 5 6 1 2 3 4 5 6 7 8 9 10 11 12 1234 12 11 10 9 25 24 23 22 21 20 19 18 17 16 15 1 2 5 6 7 8 9 8 7 6 5 4 3 9 1 4 2 3 1 2 34/01 31/06 32/12 31/04 32/01 32/08 32/09 32/10 32/11 32/02 32/0532/0432/031.14 2.75 32/13 DEEDDISCREPANCY AC(C) AC(C) 1 1 1 1 WEST DR N HIGHLAND AVE SUNSET POINT RD JOEL LN OTTEN ST GREENLEA DR CAROLYN LN FLORA LN SPRING LN THAMES LN WESTON DR 179917991799 1799 1799 1799 1799 1799 1799 17991799 1799 1799 1799 17991799 1799 1799 1799 1831 1890 1808 1814 1820 1818 1836 1824 1840 15501835 1897 1840 1830 15771877 15461883 1875 1804 1801 1822 15751867 15871848 1799 1840 1885 1891 1803 1844 1844 1874 1901 1846 1844 1900 1898 1863 1895 1812 15441810 1824 15271523143314461440143118321463 1450148614631840 142915511794 14371475176514341453 182014551449 1865 1817 146314531821 156514741465146914521869 1828 1836 1809 148714811456145318161465 18121841 #81841 #61841 #41841 #21831 #10 1831 #50 1831 #30 1778 1799 1799 179917991799 1815 152715211806 1812 15521899 1828 1827 15851832 1826 1851 1887 1856 1842 1823 1871 1835 1864 1834 1838 1816 1849 5831869 1889 1893 1861 156215601841 1831 1824 1865 1862 1868 1845 1452147114511740 149152514144014143414691900 1487157147514301433143014301835 1492143918291450185714321456 1819 15618241438 14571444143614351831 14931453180815211445 14621442156143314451445144114421475143614491864 1761 1 4 4 7 145918411 143718611 1449146814441860 1844 1856 1780 1448144114341853 1429144314931446141450145714611451 14811866 1833141843 156014371850 14801551469144114481813 155514381841 #71841 #31841 #11841 #5b1841 #5a1831 #20 1831 #40 -Not to Scale--Not a Survey-Rev. 8/11/2020 Single Family Residential Single Family Residential Place of Worship Multi-Family Residential Commercial Commercial Commercial Single and Multi-Family Residential Commercial ANX2020-06007 Equity Trust Co. CDN; H and B Reserve, LLC 1468 Carolyn Lane View looking north at the subject property, 1468 Carolyn Lane Across the street, to the south of the subject property East of the subject property West of the subject property View looking easterly along Carolyn Lane View looking westerly along Carolyn Lane ANX2020-07009 Corey Gray & Christine Armstrong 1824 West Drive View looking west at the subject property, 1824 West Drive Across the street, to the east of the subject property North of the subject property South of the subject property View looking northerly along West Drive View looking southerly along West Drive Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9401-20 2nd rdg Agenda Date: 11/2/2020 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 12.3 SUBJECT/RECOMMENDATION: Adopt Ordinance 9401-20 on second reading, amending the Zoning Atlas by zoning certain real properties whose post office addresses are 1468 Carolyn Lane and 1824 Wes Drive, all in Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 10/28/2020 Ordinance No. 9401-20 ORDINANCE NO. 9401-20 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTIES LOCATED ON THE NORTH SIDE OF CAROLYN LANE APPROXIMATELY 330 FEET WEST OF NORTH HIGHLAND AVENUE, AND LOCATED ON THE WEST SIDE OF WEST DRIVE APPROXIMATELY 410 FEET NORTH OF GREENLEA DRIVE, WHOSE POST OFFICE ADDRESSES ARE 1468 CAROLYN LANE AND 1824 WEST DRIVE, ALL IN CLEARWATER, FLORIDA 33755, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described properties located in Pinellas County, Florida, are hereby zoned as indicated upon annexation into the City of Clearwater, and the Zoning Atlas of the City is amended, as follows: The map attached as Exhibit B is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the Zoning Atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9399-20. Property Zoning District See attached Exhibit A for Legal Descriptions; Low Medium Density Residential (LMDR) (ANX2020-06007, ANX2020-07009) Ordinance No. 9401-20 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank Hibbard Mayor Approved as to form: Michael P. Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A LEGAL DESCRIPTIONS ANX2020-06007 & ANX2020-07009 ========================================================================================= No. Parcel ID Lot No., Block No. Address 1. 02-29-15-90288-000-0120 Lot 12 1468 Carolyn Lane The above in TERRA ALTO ESTATES, as recorded in PLAT BOOK 45, PAGE 5, of the Public Records of Pinellas County, Florida. No. Parcel ID Lot No., Block No. Address 2. 02-29-15-85716-000-0060 Lot 6 1824 West Drive The above in SUBAN’S SUBDIVISION, as recorded in PLAT BOOK 40, PAGE 32, of the Public Records of Pinellas County, Florida. Exhibit B Proposed Zoning Map Owner(s): Equity Trust Co. CDN H and B Reserve, LLC Corey Gray & Christine Armstrong Case: ANX2020-06007 ANX2020-07009 Site: 1468 Carolyn Lane 1824 West Drive Property Size(Acres): ROW (Acres): 0.376 Land Use Zoning PIN: 02-29-15-85716-000-0060 02-29-15-90288-000-0120 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 261A To: Residential Low (RL) Low Medium Density Residential (LMDR) 1 10926 90288 16470857167335971722 29234 16470 88237 38627 B B C C 16 15 89 90 91 92 93 94 75 74 73 72 71 76 65 66 67 68 69 70 52 51 50 49 48 47 117 39 40 41 42 43 44 45 46 95 96 97 98 99 100 101102103 104105 1 2 3 4 5 6 7 8 9 10 11 12 13 14 A 8 7 6 5 4 3 2 1 9 10 11 12 13 14 15 16 24 23 22 21 20 19 18 17 25 26 27 30 31 32 28 29 12 3 4 5 6 1 2 3 4 5 6 7 8 9 10 11 12 1234 12 11 10 9 25 24 23 22 21 20 19 18 17 16 15 1 2 5 6 7 8 9 8 7 6 5 4 3 9 1 4 2 3 1 2 34/01 31/06 32/12 31/04 32/01 32/08 32/09 32/10 32/11 32/02 32/0532/0432/031.14 2.75 32/13 DEEDDISCREPANCY AC(C) AC(C) 1 1 1 1 C LMDR I LMDR MHDR O MDR I I OS/R MHDR WEST DR N HIGHLAND AVE SUNSET POINT RD JOEL LN OTTEN ST GREENLEA DR CAROLYN LN FLORA LN SPRING LN THAMES LN WESTON DR 179917991799 1799 1799 1799 1799 1799 1799 17991799 17991799 17991799 1799 1799 1831 1890 1808 1814 1820 1818 1836 1824 1840 1835 1897 1840 1830 15771877 1883 1875 1804 1801 1822 15751867 15871848 1799 1840 1885 1891 1803 1844 1844 1874 1901 1846 1844 1900 1898 1863 1895 1812 15441810 1824 15271523143314461440143118321463 1450148614631840 142915511794 14371475176514341453 182014551449 1865 1817 146314531821 156514741465146914521869 1828 1836 1809 148714811456145318161465 18121841 #61841 #41841 #21831 #10 1831 #50 1831 #30 1778 1799 17991799 179917991799 1799 1815 152715211806 1812 15521899 15501828 1827 15851832 15461826 1851 1887 1856 1842 1823 1871 1835 1864 1834 1838 1816 1849 5831869 1889 1893 1861 156215601841 1831 1824 1865 1862 1868 1845 1452147114511740 14915251414401143414691900 1487157147514301433143014301835 1492143918291450185714321456 1819 15618241438 14571444143614351831 14931453180815211445 14621442156143314451445144114421475143614491864 1761 1 447 145918411 143718611 1449146814441860 1844 1856 1780 1448144114341853 1429144314931446141450145714611451 14811866 1833141843 156014371850 14801551469144114481813 155514381841 #81841 #71841 #31841 #11841 #5b1841 #5a1831 #20 1831 #40 -Not to Scale--Not a Survey-Rev. 8/11/2020 Location Map Owner(s): Equity Trust Co. CDN H and B Reserve, LLC Corey Gray & Christine Armstrong Case: ANX2020-06007 ANX2020-07009 Site: 1468 Carolyn Lane 1824 West Drive Property Size(Acres): ROW (Acres): 0.376 Land Use Zoning PIN: 02-29-15-85716-000-0060 02-29-15-90288-000-0120 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 261A To: Residential Low (RL) Low Medium Density Residential (LMDR) KINGS HWY N HIGHLAND AVE SUNSET POINT RD EAST DR WEST DR SHARONDALE DR OTTEN ST JOEL LN LINWOOD DR SANDY LN GREENLEA DR WILSON RD WESTON DR SPRING LN THAMES LN ROSEMONT DR ERIN LN ELIZABETH LN FLORA LN BARBARA LN FLORA RD BENTLEY ST GROVE CIRCLE CT PAMELIA DR HEAVEN SENT LN SANDY LN CAROLYN LN ^ PROJECT SITE -Not to Scale--Not a Survey-Rev. 8/14/2020 ^ PROJECT SITE Aerial Photograph Owner(s): Equity Trust Co. CDN H and B Reserve, LLC Corey Gray & Christine Armstrong Case: ANX2020-06007 ANX2020-07009 Site: 1468 Carolyn Lane 1824 West Drive Property Size(Acres): ROW (Acres): 0.376 Land Use Zoning PIN: 02-29-15-85716-000-0060 02-29-15-90288-000-0120 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 261A To: Residential Low (RL) Low Medium Density Residential (LMDR) WEST DR WEST DR N HIGHLAND AVE N HIGHLAND AVE SUNSET POINT RD SUNSET POINT RD JOEL LN JOEL LN OTTEN ST OTTEN ST GREENLEA DR GREENLEA DR CAROLYN LN CAROLYN LN FLORA LN FLORA LN SPRING LN SPRING LN THAMES LN THAMES LN WESTON DR WESTON DR SOUTH DR SOUTH DR BENTLEY ST BENTLEY ST -Not to Scale--Not a Survey-Rev. 8/11/2020 Existing Surrounding Uses Map Owner(s): Equity Trust Co. CDN H and B Reserve, LLC Corey Gray & Christine Armstrong Case: ANX2020-06007 ANX2020-07009 Site: 1468 Carolyn Lane 1824 West Drive Property Size(Acres): ROW (Acres): 0.376 Land Use Zoning PIN: 02-29-15-85716-000-0060 02-29-15-90288-000-0120 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 261A To: Residential Low (RL) Low Medium Density Residential (LMDR) 1 10926 90288 16470857167335971722 29234 16470 88237 38627 B B C C 16 15 89 90 91 92 93 94 75 74 73 72 71 76 65 66 67 68 69 70 52 51 50 49 48 47 117 39 40 41 42 43 44 45 46 95 96 97 98 99 100 101102103 104105 1 2 3 4 5 6 7 8 9 10 11 12 13 14 A 8 7 6 5 4 3 2 1 9 10 11 12 13 14 15 16 24 23 22 21 20 19 18 17 25 26 27 30 31 32 28 29 12 3 4 5 6 1 2 3 4 5 6 7 8 9 10 11 12 1234 12 11 10 9 25 24 23 22 21 20 19 18 17 16 15 1 2 5 6 7 8 9 8 7 6 5 4 3 9 1 4 2 3 1 2 34/01 31/06 32/12 31/04 32/01 32/08 32/09 32/10 32/11 32/02 32/0532/0432/031.14 2.75 32/13 DEEDDISCREPANCY AC(C) AC(C) 1 1 1 1 WEST DR N HIGHLAND AVE SUNSET POINT RD JOEL LN OTTEN ST GREENLEA DR CAROLYN LN FLORA LN SPRING LN THAMES LN WESTON DR 179917991799 1799 1799 1799 1799 1799 1799 17991799 1799 1799 1799 17991799 1799 1799 1799 1831 1890 1808 1814 1820 1818 1836 1824 1840 15501835 1897 1840 1830 15771877 15461883 1875 1804 1801 1822 15751867 15871848 1799 1840 1885 1891 1803 1844 1844 1874 1901 1846 1844 1900 1898 1863 1895 1812 15441810 1824 15271523143314461440143118321463 1450148614631840 142915511794 14371475176514341453 182014551449 1865 1817 146314531821 156514741465146914521869 1828 1836 1809 148714811456145318161465 18121841 #81841 #61841 #41841 #21831 #10 1831 #50 1831 #30 1778 1799 1799 179917991799 1815 152715211806 1812 15521899 1828 1827 15851832 1826 1851 1887 1856 1842 1823 1871 1835 1864 1834 1838 1816 1849 5831869 1889 1893 1861 156215601841 1831 1824 1865 1862 1868 1845 1452147114511740 149152514144014143414691900 1487157147514301433143014301835 1492143918291450185714321456 1819 15618241438 14571444143614351831 14931453180815211445 14621442156143314451445144114421475143614491864 1761 1 4 4 7 145918411 143718611 1449146814441860 1844 1856 1780 1448144114341853 1429144314931446141450145714611451 14811866 1833141843 156014371850 14801551469144114481813 155514381841 #71841 #31841 #11841 #5b1841 #5a1831 #20 1831 #40 -Not to Scale--Not a Survey-Rev. 8/11/2020 Single Family Residential Single Family Residential Place of Worship Multi-Family Residential Commercial Commercial Commercial Single and Multi-Family Residential Commercial ANX2020-06007 Equity Trust Co. CDN; H and B Reserve, LLC 1468 Carolyn Lane View looking north at the subject property, 1468 Carolyn Lane Across the street, to the south of the subject property East of the subject property West of the subject property View looking easterly along Carolyn Lane View looking westerly along Carolyn Lane ANX2020-07009 Corey Gray & Christine Armstrong 1824 West Drive View looking west at the subject property, 1824 West Drive Across the street, to the east of the subject property North of the subject property South of the subject property View looking northerly along West Drive View looking southerly along West Drive Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9402-20 2nd rdg Agenda Date: 11/2/2020 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 12.4 SUBJECT/RECOMMENDATION: Adopt Ordinance 9402-20 on second reading, annexing certain real property whose post office address is 3142 San Bernardino Street, 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 10/28/2020 Ordinance No. 9402-20 ORDINANCE NO. 9402-20 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF SAN BERNADINO STREET, APPROXIMATELY 600 FEET EAST OF MCMULLEN BOOTH ROAD, WHOSE POST OFFICE ADDRESS IS 3142 SAN BERNADINO STREET, 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 40, of DEL ORO GARDENS SUBDIVISION, according to the plat thereof, as recorded in Plat Book 45, at Page 74, of the Public Records of Pinellas County, Florida. (ANX2020-06008) 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. 9402-20 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 20808 20790 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 1 2 3 4 5 6 7 8 910111213141516 17 18 19 20 21 22 23 24 2526272829303132 33 34 35 36 37 38 39 40 414243 44 45 46 47 48 495051 52 54 53 31/01 5 AC(C)MADERA AVE SAN JOSE ST N McMULLEN BOOTH RD THOMAS RD SAN PEDRO ST SAN MATEO ST SAN BERNADINO ST SAN MATEO ST SAN BERNADINO ST 816 808 923 900 707 901 3108318731703164318331713120317131623163317731243150316931793137316531583181316431583156311831843125311231513132317431683175313631313157318231703165318031513159315131713157317431513189317731303176313731583159317631653181317031823136701 608607 824 708 31543131318031253135313131363114311931303142312631363113310731133136314231193100316431323137314231023124-Not to Scale--Not a Survey-Rev. 6/3/2020 Proposed Annexation Map Owner(s): Alina M. Noval & Jose A. Noval Case: ANX2020-06008 Site: 3142 San Bernadino Street Property Size(Acres): ROW (Acres): 0.21 Land Use Zoning PIN: 09-29-16-20808-000-0400 From : Residential Urban (RU) R-3 Single Family Residential Atlas Page: 283A To: Residential Urban (RU) Low Medium Density Residential (LMDR) MADERA AVE MADERA AVE SAN JOSE ST SAN JOSE ST N McMULLEN BOOTH RD N McMULLEN BOOTH RD THOMAS RD THOMAS RD SAN PEDRO ST SAN PEDRO ST SAN MATEO ST SAN MATEO ST SAN BERNADINO ST SAN BERNADINO ST SAN MATEO ST SAN MATEO ST SAN BERNADINO ST SAN BERNADINO ST -Not to Scale--Not a Survey-Rev. 6/3/2020 Aerial Map Owner(s): Alina M. Noval & Jose A. Noval Case: ANX2020-06008 Site: 3142 San Bernadino Street Property Size(Acres): ROW (Acres): 0.21 Land Use Zoning PIN: 09-29-16-20808-000-0400 From : Residential Urban (RU) R-3 Single Family Residential Atlas Page: 283A To: Residential Urban (RU) Low Medium Density Residential (LMDR) SAN BERNADINO ST SAN JOSE ST SAN PEDRO ST ALAMEDA AVE N McMULLEN BOOTH RD MADERA AVE MONTEREY AVE RUTH ECKERD HALL DR WOLFE RD THOMAS RD SAN MATEO ST S A N C A R LO S S T SAN MATEO ST ^ PROJECT SITE -Not to Scale--Not a Survey-Rev. 6/8/2020 Location Map Owner(s): Alina M. Noval & Jose A. Noval Case: ANX2020-06008 Site: 3142 San Bernadino Street Property Size(Acres): ROW (Acres): 0.21 Land Use Zoning PIN: 09-29-16-20808-000-0400 From : Residential Urban (RU) R-3 Single Family Residential Atlas Page: 283A To: Residential Urban (RU) Low Medium Density Residential (LMDR) 20808 20790 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 1 2 3 4 5 6 7 8 910111213141516 17 18 19 20 21 22 23 24 2526272829303132 33 34 35 36 37 38 39 40 414243 44 45 46 47 48 495051 52 54 53 31/01 5 AC(C)MADERA AVE SAN JOSE ST N McMULLEN BOOTH RD THOMAS RD SAN PEDRO ST SAN MATEO ST SAN BERNADINO ST SAN MATEO ST SAN BERNADINO ST 816 808 923 900 707 901 3108318731703164318331713120317131623163317731243150316931793137316531583181316431583156311831843125311231513132317431683175313631313157318231703165318031513159315131713157317431513189317731303176313731583159317631653181317031823136701 608607 824 708 31543131318031253135313131363114311931303142312631363113310731133136314231193100316431323137314231023124-Not to Scale--Not a Survey-Rev. 6/3/2020 Existing Surrounding Uses Map Owner(s): Alina M. Noval & Jose A. Noval Case: ANX2020-06008 Site: 3142 San Bernadino Street Property Size(Acres): ROW (Acres): 0.21 Land Use Zoning PIN: 09-29-16-20808-000-0400 From : Residential Urban (RU) R-3 Single Family Residential Atlas Page: 283A To: Residential Urban (RU) Low Medium Density Residential (LMDR) Single Family Residential Single Family Residential Commercial Commercial ANX2020-06008 Alina M. Noval & JoseA. Noval 3142 San Bernadino Street View looking north at subject property, 3142 San Bernadino St. West of subject property East of subject property South of subject property, across San Bernadino St. View looking westerly along San Bernadino St. View looking easterly along San Bernadino St. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9403-20 2nd rdg Agenda Date: 11/2/2020 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 12.5 SUBJECT/RECOMMENDATION: Adopt Ordinance 9403-20 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 3142 San Bernardino Street, Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Residential Urban (RU). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 10/28/2020 Ordinance No. 9403-20 ORDINANCE NO. 9403-20 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 NORTH SIDE OF SAN BERNADINO STREET, APPROXIMATELY 600 FEET EAST OF MCMULLEN BOOTH ROAD, WHOSE POST OFFICE ADDRESS IS 3142 SAN BERNADINO STREET, CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL URBAN (RU); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Future Land Use Element of the Comprehensive Plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Future Land Use Element of the Comprehensive Plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category Lot 40, of DEL ORO GARDENS SUBDIVISION, according to the plat thereof, as recorded in Plat Book 45, at Page 74, of the Public Records of Pinellas County, Florida Residential Urban (RU) (ANX2020-06008) 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. 9402-20. Ordinance No. 9403-20 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 20808 20790 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 1 2 3 4 5 6 7 8 910111213141516 17 18 19 20 21 22 23 24 2526272829303132 33 34 35 36 37 38 39 40 414243 44 45 46 47 48 495051 52 54 53 31/01 5 AC(C)CG RL RL RU RL RU RU RL RH RL R/OS RU MADERA AVE SAN JOSE ST N McMULLEN BOOTH RD THOMAS RD SAN PEDRO ST SAN MATEO ST SAN BERNADINO ST SAN MATEO ST SAN BERNADINO ST 816 608 808 923 900 607 824 901 708 310831873170316431313180318331713120317131623163312531773124315031793165313531313136315831813164315631183184312531123151313231143174316831303175313631423126315731363113311331823170313631653180315131593151317131193157317431513189317731303176313731583159310031763164316531323137314231813170318231023124701 707 315431693137315831193131310731423136-Not to Scale--Not a Survey-Rev. 6/3/2020 Proposed Future Land Use Map Owner(s): Alina M. Noval & Jose A. Noval Case: ANX2020-06008 Site: 3142 San Bernadino Street Property Size(Acres): ROW (Acres): 0.21 Land Use Zoning PIN: 09-29-16-20808-000-0400 From : Residential Urban (RU) R-3 Single Family Residential Atlas Page: 283A To: Residential Urban (RU) Low Medium Density Residential (LMDR) MADERA AVE MADERA AVE SAN JOSE ST SAN JOSE ST N McMULLEN BOOTH RD N McMULLEN BOOTH RD THOMAS RD THOMAS RD SAN PEDRO ST SAN PEDRO ST SAN MATEO ST SAN MATEO ST SAN BERNADINO ST SAN BERNADINO ST SAN MATEO ST SAN MATEO ST SAN BERNADINO ST SAN BERNADINO ST -Not to Scale--Not a Survey-Rev. 6/3/2020 Aerial Map Owner(s): Alina M. Noval & Jose A. Noval Case: ANX2020-06008 Site: 3142 San Bernadino Street Property Size(Acres): ROW (Acres): 0.21 Land Use Zoning PIN: 09-29-16-20808-000-0400 From : Residential Urban (RU) R-3 Single Family Residential Atlas Page: 283A To: Residential Urban (RU) Low Medium Density Residential (LMDR) SAN BERNADINO ST SAN JOSE ST SAN PEDRO ST ALAMEDA AVE N McMULLEN BOOTH RD MADERA AVE MONTEREY AVE RUTH ECKERD HALL DR WOLFE RD THOMAS RD SAN MATEO ST S A N C A R LO S S T SAN MATEO ST ^ PROJECT SITE -Not to Scale--Not a Survey-Rev. 6/8/2020 Location Map Owner(s): Alina M. Noval & Jose A. Noval Case: ANX2020-06008 Site: 3142 San Bernadino Street Property Size(Acres): ROW (Acres): 0.21 Land Use Zoning PIN: 09-29-16-20808-000-0400 From : Residential Urban (RU) R-3 Single Family Residential Atlas Page: 283A To: Residential Urban (RU) Low Medium Density Residential (LMDR) 20808 20790 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 1 2 3 4 5 6 7 8 910111213141516 17 18 19 20 21 22 23 24 2526272829303132 33 34 35 36 37 38 39 40 414243 44 45 46 47 48 495051 52 54 53 31/01 5 AC(C)MADERA AVE SAN JOSE ST N McMULLEN BOOTH RD THOMAS RD SAN PEDRO ST SAN MATEO ST SAN BERNADINO ST SAN MATEO ST SAN BERNADINO ST 816 808 923 900 707 901 3108318731703164318331713120317131623163317731243150316931793137316531583181316431583156311831843125311231513132317431683175313631313157318231703165318031513159315131713157317431513189317731303176313731583159317631653181317031823136701 608607 824 708 31543131318031253135313131363114311931303142312631363113310731133136314231193100316431323137314231023124-Not to Scale--Not a Survey-Rev. 6/3/2020 Existing Surrounding Uses Map Owner(s): Alina M. Noval & Jose A. Noval Case: ANX2020-06008 Site: 3142 San Bernadino Street Property Size(Acres): ROW (Acres): 0.21 Land Use Zoning PIN: 09-29-16-20808-000-0400 From : Residential Urban (RU) R-3 Single Family Residential Atlas Page: 283A To: Residential Urban (RU) Low Medium Density Residential (LMDR) Single Family Residential Single Family Residential Commercial Commercial ANX2020-06008 Alina M. Noval & JoseA. Noval 3142 San Bernadino Street View looking north at subject property, 3142 San Bernadino St. West of subject property East of subject property South of subject property, across San Bernadino St. View looking westerly along San Bernadino St. View looking easterly along San Bernadino St. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9404-20 2nd rdg Agenda Date: 11/2/2020 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 12.6 SUBJECT/RECOMMENDATION: Adopt Ordinance 9404-20 on second reading, amending the Zoning Atlas by zoning certain real property whose post office address is 3142 San Bernardino Street, 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 10/28/2020 Ordinance No. 9404-20 ORDINANCE NO. 9404-20 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF SAN BERNADINO STREET, APPROXIMATELY 600 FEET EAST OF MCMULLEN BOOTH ROAD, WHOSE POST OFFICE ADDRESS IS 3142 SAN BERNADINO STREET, 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. 9402-20. Property Zoning District Lot 40, of DEL ORO GARDENS SUBDIVISION, according to the plat thereof, as recorded in Plat Book 45, at Page 74, of the Public Records of Pinellas County, Florida Low Medium Density Residential (LMDR) (ANX2020-06008) Ordinance No. 9404-20 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 20808 20790 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 1 2 3 4 5 6 7 8 910111213141516 17 18 19 20 21 22 23 24 2526272829303132 33 34 35 36 37 38 39 40 414243 44 45 46 47 48 495051 52 54 53 31/01 5 AC(C) LDR C LMDR HDR OS/RMADERA AVE SAN JOSE ST N McMULLEN BOOTH RD THOMAS RD SAN PEDRO ST SAN MATEO ST SAN BERNADINO ST SAN MATEO ST SAN BERNADINO ST 816 808 923 900 707 901 31083187317031643183317131203171316231633177312431503169317931653158318131643158315631183184312531123151313231743168317531363157318231703165318031513159315131713157317431513189317731303176313731583159317631653181317031823136701 608607 824 708 3154313131803125313731353131313631143119313031423131312631363113310731133136314231193100316431323137314231023124-Not to Scale--Not a Survey-Rev. 6/3/2020 Proposed Zoning Map Owner(s): Alina M. Noval & Jose A. Noval Case: ANX2020-06008 Site: 3142 San Bernadino Street Property Size(Acres): ROW (Acres): 0.21 Land Use Zoning PIN: 09-29-16-20808-000-0400 From : Residential Urban (RU) R-3 Single Family Residential Atlas Page: 283A To: Residential Urban (RU) Low Medium Density Residential (LMDR) MADERA AVE MADERA AVE SAN JOSE ST SAN JOSE ST N McMULLEN BOOTH RD N McMULLEN BOOTH RD THOMAS RD THOMAS RD SAN PEDRO ST SAN PEDRO ST SAN MATEO ST SAN MATEO ST SAN BERNADINO ST SAN BERNADINO ST SAN MATEO ST SAN MATEO ST SAN BERNADINO ST SAN BERNADINO ST -Not to Scale--Not a Survey-Rev. 6/3/2020 Aerial Map Owner(s): Alina M. Noval & Jose A. Noval Case: ANX2020-06008 Site: 3142 San Bernadino Street Property Size(Acres): ROW (Acres): 0.21 Land Use Zoning PIN: 09-29-16-20808-000-0400 From : Residential Urban (RU) R-3 Single Family Residential Atlas Page: 283A To: Residential Urban (RU) Low Medium Density Residential (LMDR) SAN BERNADINO ST SAN JOSE ST SAN PEDRO ST ALAMEDA AVE N McMULLEN BOOTH RD MADERA AVE MONTEREY AVE RUTH ECKERD HALL DR WOLFE RD THOMAS RD SAN MATEO ST S A N C A R LO S S T SAN MATEO ST ^ PROJECT SITE -Not to Scale--Not a Survey-Rev. 6/8/2020 Location Map Owner(s): Alina M. Noval & Jose A. Noval Case: ANX2020-06008 Site: 3142 San Bernadino Street Property Size(Acres): ROW (Acres): 0.21 Land Use Zoning PIN: 09-29-16-20808-000-0400 From : Residential Urban (RU) R-3 Single Family Residential Atlas Page: 283A To: Residential Urban (RU) Low Medium Density Residential (LMDR) 20808 20790 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 1 2 3 4 5 6 7 8 910111213141516 17 18 19 20 21 22 23 24 2526272829303132 33 34 35 36 37 38 39 40 414243 44 45 46 47 48 495051 52 54 53 31/01 5 AC(C)MADERA AVE SAN JOSE ST N McMULLEN BOOTH RD THOMAS RD SAN PEDRO ST SAN MATEO ST SAN BERNADINO ST SAN MATEO ST SAN BERNADINO ST 816 808 923 900 707 901 3108318731703164318331713120317131623163317731243150316931793137316531583181316431583156311831843125311231513132317431683175313631313157318231703165318031513159315131713157317431513189317731303176313731583159317631653181317031823136701 608607 824 708 31543131318031253135313131363114311931303142312631363113310731133136314231193100316431323137314231023124-Not to Scale--Not a Survey-Rev. 6/3/2020 Existing Surrounding Uses Map Owner(s): Alina M. Noval & Jose A. Noval Case: ANX2020-06008 Site: 3142 San Bernadino Street Property Size(Acres): ROW (Acres): 0.21 Land Use Zoning PIN: 09-29-16-20808-000-0400 From : Residential Urban (RU) R-3 Single Family Residential Atlas Page: 283A To: Residential Urban (RU) Low Medium Density Residential (LMDR) Single Family Residential Single Family Residential Commercial Commercial ANX2020-06008 Alina M. Noval & JoseA. Noval 3142 San Bernadino Street View looking north at subject property, 3142 San Bernadino St. West of subject property East of subject property South of subject property, across San Bernadino St. View looking westerly along San Bernadino St. View looking easterly along San Bernadino St. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9405-20 2nd rdg Agenda Date: 11/2/2020 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 12.7 SUBJECT/RECOMMENDATION: Adopt Ordinance 9405-20 on second reading, annexing certain real property comprised of 300 feet of Elizabeth Avenue right-of-way abutting real property whose post office address is 327 David Avenue, 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 10/28/2020 Ordinance No. 9405-20 ORDINANCE NO. 9405-20 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY COMPRISED OF 300 FEET OF ELIZABETH AVENUE RIGHT-OF-WAY LOCATED APPROXIMATELY 970 FEET NORTH OF GULF TO BAY BOULEVARD, ABUTTING REAL PROPERTY WHOSE POST OFFICE ADDRESS IS 327 DAVID AVENUE, 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 real property described herein is comprised of 0.08 acres of right- of-way which is currently in Pinellas County’s jurisdiction; and WHEREAS, Pinellas County does not object to the City of Clearwater’s request to annex the real property described herein and depicted on the map attached hereto as Exhibit B into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: See attached Exhibit A for Legal Description (ANX2020-05005) The map attached as Exhibit B is hereby incorporated by reference. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Community Development Coordinator are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. Ordinance No. 9405-20 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 ELIZABETH AVENUE (Right-of-Way Varies) POINT OF BEGINNING S 89° 58' 03" E 135.00'N 00° 19' 40" W 229.88'East-West centerline of Sec 17-29S-16EPOINT OF COMMENCEMENT Center of Sec 17-29S-16E S 00° 19' 40" E 229.25'S 89° 46' 01" W 135.00'N 00° 19' 40" W 1100.00'N 89° 46' 01" E 980.00' Portion of Elizabeteh Avenue Right-of-Way Being Described M&B 13/09 East Right-of-Way LineAll Elizabeth Avenue Right-of-Way abutting the following described tract: Commence at the center of Section 17, Township 29 South, Range 16 East, Pinellas County, Florida; thence North 89°46'01" East, along the East-West centerline of said Section 17, 980.00 feet; thence North 00°19'40" West, 1100.00 feet to the Point of Beginning; thence South 89°46'01" West, 135.00 feet to the East Right-of-Way line of Elizabeth Avenue; thence North 00°19'40" West, along said East Right-of-Way line, 229.88 feet; thence South 89°58'03" East, 135.00 feet; thence South 00°19'40" East, 229.25 feet to the Point of Beginning. This is not a survey Legal Description CITY OF CLEARWATER ENGINEERING DEPARTMENT DRAWN BY CHECKED BY DATE DRAWN SEC-TWNSP-RNG DWG. NO.SHEET OFExhibit A A Portion of Elizabeth Avenue Right-of-Way Jim Benwell Tom Mahony 04/15/2020 Lgl_2020-05 1 1 17 29 S 16 E Exhibit B 3465002573 66745 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 1 14/0414/03 13/35 13/34 13/12 13/14 13/15 13/17 13/18 13/20 13/22 13/24 13/27 13/28 13/30 13/13 13/16 13/07 13/06 13/03 13/02 24/02 13/21 13/1913/3213/331.32 11.6 13/3113/091 13/25 13/23 13/09 1.03 2.59 13/01 1.65 13/2601 13/29 5.49 13/121 13/241 1.67 12/03 1.48 12/02 03546 927474 AC(C) AC(C) AC(C) AC(C)AC(C) AC(C) AC(C) 3 1 HAMPTON RD DAVID AVE GULF-TO-BAY BLVD LEEWARD ISLE ELIZABETH AVE NASSAU LN BAHAMA LN ST. CROIX BARBADOS LN ST. MARTIN LN CARIBEAN WAY JAMAICA LN MARTINIQUE LN 7 1 327350355 110 400 300 212 107 345 380 336 308 391 334 28172798298928922900289828382882208A 2862F2862B2794 #72794 #5325 337 205220 316 205 6 313 110 312 200 216 321 301 407 324 197 385 221 111 216 210 204 206 375 309 204 201 317 213212 217 217 209 193 332 208 305 108 201 155 347 304 209 213 118 115 320 331317 2821300B 208B 281328112809280728052803280127992797279527932791278927872785278327812815285429092870293028822800286828812779300A 282028712905283328102790I79 0 H 7 90 G 79 0 F 79 0 E 7 90 D 79 0 C 79 0 B 49A9B2862C49C2862A7 90 A 2794 #62794 #42794 #32794 #22794 #1-Not to Scale--Not a Survey-Rev. 6/12/2020 Proposed Annexation Map Owner(s): Pinellas County Case: ANX2020-05005 Site: Elizabeth Avenue right-of-way approximately 970 feet north of Gulf to Bay Boulevard ROW (Acres): 0.08 Land Use Zoning PIN: N/A From : N/A (County) N/A (County) Atlas Page: 291B To: US 19 Regional Center (US19-RC) US 19 District HAMPTON RD GULF-TO-BAY BLVD DAVID AVE NASSAU LN BAHAMA LN LEEWARD ISLE ST. MARTIN LN ELIZABETH AVE WINDWARD ISLE ROGERS ST TRINIDAD TRL CARIBEAN WAY MARTINIQUE LN ST. CROIX ^ PROJECT SITE -Not to Scale--Not a Survey-Rev. 6/12/2020 Location Map Owner(s): Pinellas County Case: ANX2020-05005 Site: Elizabeth Avenue right-of-way approximately 970 feet north of Gulf to Bay Boulevard ROW (Acres): 0.08 Land Use Zoning PIN: N/A From : N/A (County) N/A (County) Atlas Page: 291B To: US 19 Regional Center (US19-RC) US 19 District HAMPTON RD HAMPTON RD DAVID AVE DAVID AVE GULF-TO-BAY BLVD GULF-TO-BAY BLVD LEEWARD ISLE LEEWARD ISLE ELIZABETH AVE ELIZABETH AVE NASSAU LN NASSAU LN BAHAMA LN BAHAMA LN ST. CROIX ST. CROIX BARBADOS LN BARBADOS LN ST. MARTIN LN ST. MARTIN LN CARIBEAN WAY CARIBEAN WAY JAMAICA LN JAMAICA LN MARTINIQUE LN MARTINIQUE LN -Not to Scale--Not a Survey-Rev. 6/12/2020 Aerial Photograph Owner(s): Pinellas County Case: ANX2020-05005 Site: Elizabeth Avenue right-of-way approximately 970 feet north of Gulf to Bay Boulevard ROW (Acres): 0.08 Land Use Zoning PIN: N/A From : N/A (County) N/A (County) Atlas Page: 291B To: US 19 Regional Center (US19-RC) US 19 District 3465002573 66745 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 1 14/0414/03 13/35 13/34 13/12 13/14 13/15 13/17 13/18 13/20 13/22 13/24 13/27 13/28 13/30 13/13 13/16 13/07 13/06 13/03 13/02 24/02 13/2113/1913/3213/331.32 11.6 13/3113/091 13/25 13/23 13/09 1.03 2.59 13/01 1.65 13/2601 13/29 5.49 13/121 13/241 1.67 12/03 1.48 12/02 03546 927474 AC(C) AC(C) AC(C) AC(C)AC(C) AC(C) AC(C) 3 1 HAMPTON RD DAVID AVE GULF-TO-BAY BLVD LEEWARD ISLE ELIZABETH AVE NASSAU LN BAHAMA LN ST. CROIX BARBADOS LN ST. MARTIN LN CARIBEAN WAY JAMAICA LN MARTINIQUE LN 7 1 327350355 110 400 300 212 107 345 380 336 308 391 334 28172798298928922900289828382882208A 2862F2862B2794 #72794 #5325 337 205220 316 205 6 313 110 312 200 216 321 301 407 324 197 385 221 111 216 210 204 206 375 309 204 201 317 213212 217 217 209 193 332 208 305 108 201 155 347 304 209 213 118 115 320 331317 2821300B 208B 281328112809280728052803280127992797279527932791278927872785278327812815285429092870293028822800286828812779300A 282028712905283328102790I7 9 0 H 7 9 0 G 7 9 0 F 7 9 0 E 7 9 0 D 7 9 0 C 7 9 0 B 49A49B2862C49C2862A7 9 0 A 2794 #62794 #42794 #32794 #22794 #1-Not to Scale--Not a Survey-Rev. 6/12/2020 Existing Surrounding Uses Map Owner(s): Pinellas County Case: ANX2020-05005 Site: Elizabeth Avenue right-of-way approximately 970 feet north of Gulf to Bay Boulevard ROW (Acres): 0.08 Land Use Zoning PIN:N/A From : N/A (County) N/A (County) Atlas Page: 291B To: US 19 Regional Center (US19-RC) US 19 District Single Family Residential Single Family Residential Mobile Home Park Commercial Office Mobile Home Park Mobile Home Park Office Office ANX2020-05005 Pinellas County Elizabeth Avenue Right-of-Way View looking north at the subject property, Elizabeth Avenue right-of-way West of the subject property (right-of-way), looking towards 327 David Avenue South of the subject property (right-of-way), looking southerly along Elizabeth Avenue East of the subject property (right-of-way), looking towards 155 Elizabeth Avenue Southwest of the subject property (right-of-way), looking towards 204 Elizabeth Avenue Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8404 Agenda Date: 11/2/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Legal Department Agenda Number: 12.8 SUBJECT/RECOMMENDATION: Confirm COVID-19 Emergency Proclamation and adopt Resolution 20-56. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 10/28/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8338 Agenda Date: 11/2/2020 Status: Agenda ReadyVersion: 1 File Type: Council Discussion Item In Control: Council Work Session Agenda Number: 15.1 SUBJECT/RECOMMENDATION: City Manager/City Attorney Salary Discussion SUMMARY: The performance evaluation discussions for the City Manager and City Attorney were conducted by City Council at the October 14, 2020 city council meeting. The council discussion concerning salary is conducted at the subsequent meeting. For Fiscal Year 2021, 3.5% has been budgeted, consistent with all SAMP employees. Any increase above 3.5% would require a budget amendment using an appropriation from general fund reserves. Page 1 City of Clearwater Printed on 10/28/2020 2020 Population ACTUAL MATCH HILLSBOROUGH CO 1,471,968 $276,993 Cnty Admin PINELLAS CO 974,996 $275,517 Cnty Admin ORANGE CO.1,393,452 $265,387 Cnty Admin TAMPA 399,700 $208,020 Chief of Staff ST. PETERSBURG 265,351 $205,098 Deputy Mayor ORLANDO 287,442 $236,192 Chief Admin Officer TALLAHASSEE 194,500 $236,900 City Manager GAINESVILLE 133,997 $255,000 City Manager SARASOTA CO.433,742 $200,844 Cnty Admin LAKELAND 112,136 $214,271 City Manager SARASOTA 58,285 $226,896 City Manager AVERAGE $236,465 CLEARWATER $209,753 $ DIFF -$26,712 % DIFF -12.7 Data minus the County jurisdictions Population ACTUAL MATCH TAMPA 399,700 $208,020 Chief of Staff ST. PETERSBURG 265,351 $205,098 Deputy Mayor ORLANDO 287,442 $236,192 Chief Admin Officer TALLAHASSEE 194,500 $236,900 City Manager GAINESVILLE 133,997 $255,000 City Manager LAKELAND 112,136 $214,271 City Manager SARASOTA 58,285 $226,896 City Manager AVERAGE $226,054 CLEARWATER $209,753 $ DIFF -$16,301 % DIFF -7.8 City Manager City Manager NOTES: Average total figure does not include Clearwater's salary. Traditional Jurisdiction matches comprise of organizations that are in the City's public sector labor market and are of similar in size, structure and demographics. These are agencies in which Clearwater's salary structures are measured and based against. *strong Mayor structure *strong Mayor structure *strong Mayor structure 236,465 *strong Mayor structure *strong Mayor structure *strong Mayor structure 226,054 in size, structure and demographics. These 2020 Population ACTUAL MATCH HILLSBOROUGH CO 1,471,968 $231,483 PINELLAS CO 974,996 $233,230 ORANGE CO.1,393,452 $222,851 TAMPA 399,700 $208,020 ST. PETERSBURG 265,351 $204,049 ORLANDO 287,442 $260,000 Contracted TALLAHASSEE 194,500 $215,923 GAINESVILLE 133,997 $190,767 SARASOTA CO.433,742 $229,694 LAKELAND 112,136 $165,000 SARASOTA 58,285 Not on payroll Retainer AVERAGE $216,102 CLEARWATER $200,395 $ DIFF -$15,707 % DIFF -7.8 Data minus the County jurisdictions Population ACTUAL MATCH TAMPA 399,700 $208,020 ST. PETERSBURG 265,351 $204,049 ORLANDO 287,442 $260,000 Contracted TALLAHASSEE 194,500 $215,923 GAINESVILLE 133,997 $190,767 LAKELAND 112,136 $165,000 SARASOTA 58,285 Not on payroll Retainer AVERAGE $207,293 CLEARWATER $200,395 $ DIFF -$6,898 % DIFF -3.4 City Attorney City Attorney NOTES: Average total figure does not include Clearwater's salary. Traditional Jurisdiction matches comprise of organizations that are in the City's public sector labor market and are of similar in size, structure and demographics. These are agencies in which Clearwater's salary structures are measured and based against. in size, structure and POPULATION ACTUAL West Palm Beach 111,955 $196,684 West Palm Beach Miramar 141,191 contract out Miramar Gainesville 133,997 $182,664 Gainesville Coral Springs 133,759 $263,252 Coral Springs Miami Gardens 110,001 $227,593 Miami Gardens Palm Bay 115,552 $179,292 Palm Bay Pompano Beach 112,118 $287,000 Pompano Beach Lakeland 112,136 $165,000 Lakeland Miami Beach 88,885 $314,909 Miami Beach Average $227,049 Clearwater $200,395 $ Diff -$26,654 % Diff -13.3 FTE COUNT (FT)ACTUAL Fort Lauderdale 2,800 $222,938 Fort Lauderdale Brevard Co 3,000 $187,339 Brevard Co Lakeland 1,977 $165,000 Lakeland Manatee Co 1,794 $202,946 Manatee Co Miami Beach 1,858 $314,909 Miami Beach Osceola Co 1,271 $195,790 Osceola Co Cape Coral 1,403 $177,091 Cape Coral Seminole Co 1,343 $189,058 Seminole Co Marion Co 1,485 $210,538 Marion Co Average $207,290 Clearwater $200,395 $ Diff -$6,895 % Diff -3.4 BY POPULATION: CLEARWATER - 110,679 City Attorney BY FTE Count: CLEARWATER - 1836 City Attorney POPULATION ACTUAL 111,955 $249,000 *strong Mayor structure 141,191 $225,000 133,997 $214,000 133,759 $255,000 110,001 $223,109 115,552 $170,210 112,118 $226,687 112,136 $214,271 88,885 $305,737 Average $231,446 Clearwater $209,753 $ Diff -$21,693 % Diff -10.3 FTE COUNT (FT)ACTUAL 2,800 $234,057 3,000 $201,642 1,977 $214,271 1,794 $193,918 1,858 $305,737 1,271 $225,181 1,403 $236,000 1,343 $214,925 1,485 $198,390 Average $224,902 Attny Clearwater $209,753 $207,290 $ Diff -$15,149 $207,290 % Diff -7.2 City Manager City Manager Effective Date Annual Rate Change Percent Effective Date Annual Rate Change Percent 11/8/2019 $200,395.11 3.5 11/8/2019 $209,753.34 3.5 11/10/2018 $193,618.47 3.5 11/10/2018 $202,660.00 0 11/11/2017 $187,080.98 3 11/11/2017 $202,660.00 3 10/1/2016 $181,622.31 3 10/1/2016 $196,757.50 3 11/14/2015 $176,332.34 3 11/14/2015 $191,026.70 3 11/15/2014 $171,196.45 3 11/15/2014 $185,462.82 3 11/30/2013 $166,210.14 3.5 11/30/2013 $180,060.99 3.5 11/15/2012 $160,589.51 8 11/15/2012 $173,971.97 8 10/1/2011 $148,693.99 0 10/1/2011 $161,085.16 0 10/1/2010 $148,693.99 0 10/1/2010 $161,085.16 0 10/1/2009 $148,693.99 0 10/1/2009 $161,085.16 0 10/1/2008 $148,693.99 0 10/1/2008 $161,085.16 0 10/1/2007 $148,693.99 3.95 10/1/2007 $161,085.16 3.95 10/1/2006 $143,043.76 4 10/1/2006 $154,964.08 4 10/1/2005 $137,542.08 7 10/1/2005 $149,003.92 7 10/1/2004 $128,544.00 3 10/1/2004 $139,256.00 3 10/1/2003 $124,800.00 4 10/1/2003 $135,200.00 4 10/1/2002 $120,000.00 0.046 8/2/2002 $130,000.00 8.333 10/1/2002 $119,945.00 4.3 8/2/2001 $120,000.00 20 10/1/2001 $115,000.00 8.559 10/1/2000 $105,933.45 8 10/1/1998 $98,086.53 8 10/3/1994 $90,820.86 City Attorney City Manager Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8302 Agenda Date: 11/2/2020 Status: Agenda ReadyVersion: 1 File Type: Council Discussion Item In Control: Council Work Session Agenda Number: 15.2 SUBJECT/RECOMMENDATION: Timeline for City Manager search - Mayor Hibbard SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 10/28/2020 Recruitment Guidelines for Selecting a Local Government Administrator January 2012 RecRuitment Guidelines foR selectinG a local GoveRnment administRatoR i Recruitment Guidelines for Selecting a Local Government Administrator ©2012 by the International City/County Management Association. All rights reserved, including rights of reproduction and use in any form or by any means, including the making of copies by any photographic process, or by any electrical or mechanical device, printed, written, or oral or recording for sound or visual reproduction, or for use in any knowledge or retrieval system or device, unless permission in writing is obtained from the copyright proprietor. About ICMA ICMA advances professional local government worldwide. Its mission is to create excellence in local governance by developing and advancing professional management of local government. ICMA, the International City/County Management Association, provides member support; publications, data, and information; peer and results-oriented assistance; and training and professional development to more than 9,000 city, town, and county experts and other individuals and organizations throughout the world. The management decisions made by ICMA’s members affect 185 million individuals living in thousands of communities, from small villages and towns to large metropolitan areas. ICMA 777 North Capitol Street, NE Suite 500 Washington, DC 20002-4201 202-289-ICMA (4262) icma.org ii RecRuitment Guidelines foR selectinG a local GoveRnment administRatoR RecRuitment Guidelines foR selectinG a local GoveRnment administRatoR iii Preface This Recruitment Guidelines for Selecting a Local Government Administrator was first published just over ten years ago. While a lot has changed in ten years, the basic process for selecting a chief administrator1 has remained substantially the same. It still requires careful planning, astute evaluation of candidates, and a clear understanding of the relationship between the governing body2 and the chief administrator. In this edition, however, new focus has been given to the ICMA Code of Ethics —the foundation of the local government management profession— and the emergence of the Voluntary Credentialed Manager program. The Task Force on Recruitment Guidelines was formed in Fall 2010 and consisted of a very diverse group of ICMA members (many of whom have served on the ICMA Executive Board), Range Riders (former local government practitioners), younger members of the local govern- ment management profession, and representatives from executive search firms. From its only face-to-face meeting at the 2010 ICMA Conference in San José, this Task Force embraced the challenge of updating the guidelines. Over the next several months, we formed work groups to focus on three key elements of the process: recruitment, selection, and negotiation. After count- less conference calls and emails, the new and improved Recruitment Guidelines for Selecting a Local Government Administrator emerged. The Task Force consisted of the following ICMA members: Jane Bais-DiSessa City Manager Berkley, Michigan Bill Baldridge Executive Search Committee Former City Manager Michigan Municipal League Troy Brown Assistant City Manager Livermore, California Garry Brumback Town Manager Southington, Connecticut Charlie Bush City Administrator Prosser, Washington Mike Casey Partner Management Partners, Inc. Cincinnati, Ohio Tony Dahlerbruch City Manager Rolling Hills, California Ed Daley City Manager Hopewell, Virginia Tim Ernster City Manager Sedona, Arizona Tom Fountaine Borough Manager State College, Pennsylvania 1 Chief administrator refers to a manager, administrator, or executive of a local government. 2 Governing body refers to the elected officers of a town, village, borough, township, city, county, or a legally constituted council of governments. iv RecRuitment Guidelines foR selectinG a local GoveRnment administRatoR Peter Herlofsky Former City Administrator Farmington, Minnesota Kay James City Manager Canandaigua, New York Dave Krings Former County Manager Hamilton County, Ohio Peoria County, Illinois Debra Kurita Former Assistant City Manager San Bernardino, California Juliana Maller Deputy City Manager Park Ridge, Illinois Bob Murray President Bob Murray & Associates Roseville, California Andy Pederson Village Manager Bayside, Wisconsin Sheryl Sculley City Manager San Antonio, Texas William Sequino Town Manager East Greenwich, Rhode Island Paul Sharon ICMA Range Rider, Florida Former Town Manager Ashland, Massachusetts North Andover, Massachusetts Scot Simpson City Administrator River Falls, Wisconsin Charlene Stevens City Administrator Willmar, Minnesota Larry Stevens City Manager Edmond, Oklahoma Bill Taylor Field Services Manager Municipal Association of South Carolina Columbia, South Carolina Michael Van Milligen City Manager Dubuque, Iowa Melissa Vossmer City Manager Angleton, Texas Michael Willis General Manager Shellharbour City Council New South Wales, Australia Special appreciation is extended to Tom Fountaine for serving as the negotiation section chair; Peter Herlofsky, selection section chair; and Debra Kurita, recruitment section chair. Debra Kurita deserves special recognition as she labored many hours converting writing styles and formats into one consistent, easy-to-read document. On behalf of ICMA, I am grateful for the active engagement of each Task Force member. Special thanks to Jared Dailey of the ICMA staff, who assisted in the overall coordination of the Task Force. It is the hope of the Task Force that this guidebook is promoted and distributed to those who are in the environment to hire a chief administrator for a community. To the governing body representatives who use this guidebook, we thank you for your service to your communities and wish you every success in finding the professional local government manager to help you guide your community to be the best it can be. In closing, it has been my privilege to have served as the chair of this Task Force. Bonnie Svrcek Deputy City Manager Lynchburg, Virginia RecRuitment Guidelines foR selectinG a local GoveRnment administRatoR v Contents 1. Introduction 1 2. Managing the Organization during Recruitment 2 Major Decision Point: Appointing an Interim Administrator ........................2 Interim Management: The Governing Body’s Role ...............................2 3. Initiating the Recruitment 3 4. Conducting the Recruitment 4 In-House Expertise Method: Recruitments Conducted by the Local Government .........4 Outside Expertise Method: Recruitments Conducted with an Outside Party .............4 Hybrid Method: In-House in Conjunction with Outside Party.......................5 5. Key Elements of the Recruitment Framework 6 Major Decision Point: Development of an Administrator Profile .....................6 Decision Point: Community Engagement in Administrator Profile ....................6 Major Decision Point: Administrator Compensation Schedule .......................7 Geographic Scope ......................................................7 Advertising and Outreach Strategies .........................................8 6. Key Elements of the Application Process 10 The Application Form ..................................................10 The Local Government Information Packet ...................................10 Applicant Relations ....................................................10 7. The Role of the Media in the Recruitment Process 12 8. The Selection Process 13 Reviewing the Applications ..............................................13 Major Decision Point: Determining the Candidates to Be Interviewed ................13 Interviewing the Candidates ..............................................14 Major Decision Point: Making the Final Selection ..............................16 9. The Negotiation Process 17 Preparation for Negotiation ..............................................17 Major Decision Point: Negotiating Compensation...............................17 10. The Transition Process 19 Announcing the Selection ...............................................19 Additional Elements ...................................................19 11. Conclusion 20 Appendix A. ICMA Code of Ethics with Guidelines 21 Appendix B. ICMA Guidelines for Compensation 25 Appendix C. Professional Organizations to Consider Posting Position Vacancy 27 Appendix D. Potential Interview Questions 33 Appendix E. Relations with Applicants—Do’s and Don’ts 35 Appendix F. ICMA Model Employment Agreement 36 Index 43 RecRuitment Guidelines foR selectinG a local GoveRnment administRatoR 1 1. Introduction “Thousands of decisions are made every day in cities, towns, and counties that determine our quality of life…. Professional managers craft the plans and make the decisions that transform good communities into great ones. —International City/County Management Association (ICMA) Selecting a chief administrator is perhaps the most important decision that elected local officials will make for their community. This guidebook was created by experienced, seasoned local government managers. It is designed to help elected officials, human resource professionals, local government staff, and professional executive search firms navigate the recruitment, selection, and negotia- tion processes to find the individual who is best suited to serve as the chief administrator. The chief administra- tor is like an orchestra conductor, directing and manag- ing a team of professional, administrative, and field staff while interpreting and working toward the goals and objectives of the community’s elected officials. This guidebook offers best practices that will be most meaningful to you and your community in select- ing a chief administrator. Because all communities, governing bodies, and chief administrators are not the same, this is not a “one size fits all” guidebook. Nevertheless, the local government managers who cre- ated this document are firmly committed to the ICMA Code of Ethics, which is a non-negotiable foundation for professional local government management, and strongly recommends that the hiring governing body use the Code of Ethics as a tool in its search for a professional local government manager. Herein, we explain recruitment choices and the selection pro- cesses to fit the unique size, culture, and dynamics of an individual community. Topics include provisions for interim management; the spectrum of resources avail- able to assist in the recruiting process; applications, communications with applicants, and interviews; compensation; and transition. The appendices provide the ICMA Code of Ethics, ICMA Compensation Guide- lines, a directory of professional organizations that are likely places advertise for a chief administrator, potential interview questions, the do’s and don’ts of applicant relations, and the ICMA Model Employment Agreement. Using this guidebook can make recruit- ing and selecting a new chief administrator a positive, enjoyable, and unifying experience for you and your colleagues as elected officials. As you use this resource, you will see highlighted in the margins important points for selecting the best individual for the position. When faced with an upcoming or immediate vacancy in the chief administrator position, the governing body must quickly address the following questions: ■What should we do to ensure that the affairs of the local government are properly administered until a new chief administrator is selected and on board? ■How do we conduct a recruitment to fill the vacancy? The following material provides tips and guide- lines on the processes that the governing body needs to employ to successfully answer these questions. It identifies and discusses the key elements of man- aging the organization between the time that one chief administrator departs and another arrives, as well as the major decision points in conducting the recruitment, selection, and negotiation processes for appointing the new chief administrator. Professional local government managers are committed to ■Serving as stewards of representative democracy ■Practicing the highest standards of honesty and integrity in local governance, as expressed through ICMA’s Code of Ethics ■Building sustainable communities as a core responsibility ■Networking and exchanging knowledge and skills across inter- national boundaries ■Lifelong learning and professional development ■Financial integrity and responsibility for management of the community ■ Implementing best management practices. 2 RecRuitment Guidelines foR selectinG a local GoveRnment administRatoR 2. Managing the Organization during Recruitment The governing body must act thoughtfully and deliberately in determining how to ensure that the operations of the local government are properly managed during the period before a permanent chief administrator is selected and on the job. When faced with a vacancy in the chief administrator position, the governing body needs time to carefully consider the qualities, expertise, and experience it hopes to find in a new administrator and to use the agreed-upon criteria to develop the administrator profile. It then needs sufficient time to recruit and select the best pos- sible successor who meets these criteria. While that is happening, however, it is important that the governing body identify a professional who will act as the chief administrator and properly manage local government operations while the recruitment process is underway. Major Decision Point: Appointing an Interim Administrator If the vacancy is the result of a planned retirement, the governing body may consider asking the current administrator to continue leading the organization for a short period of time on a contract basis. Alterna- tively, the governing body may elect to consult with the outgoing administrator regarding possible staff members who could fill this role. In some cases, the members of the governing body may agree that they have confidence in a spe- cific staff person. If there is an assistant administra- tor, for example, the governing body may appoint that person as interim administrator. If this assistant will be considered for the permanent position, the appointment as interim administrator will provide the elected officials with an opportunity to observe firsthand how the assistant handles the job. Another option is to appoint an assistant or department direc- tor (who will not be a candidate for the position); someone who is mature, seasoned, competent and respected by fellow employees. Should the governing body determine that there is no one on staff who it can or wants to appoint as the interim administrator, it may decide to retain the services of a retired administrator or an administra- tor who is between jobs. State associations, munici- pal leagues, or ICMA Range Riders are resources for identifying potential interim administrators. The governing body should publicly announce the appointment of the interim chief administrator. Regardless of who is appointed, it should be made clear to all local government officials and staff that the interim chief administrator is responsible for imple- menting governing body policy and overseeing opera- tions. It should also be made clear that if the interim administrator is ultimately selected to fill the position permanently, it will be because that person has proven to be the best among all the applicants. Interim Management: The Governing Body’s Role Obviously, the local government must continue to operate during the interim between the departure of the current chief administrator and the appointment of the new one. The governing body and interim management team should do whatever is necessary to make sure that important projects and service delivery continue to move forward. It is important to reiterate that the governing body has the responsibility to make it clear to the staff and community that the interim administra- tor is in charge of the organization’s operations. The governing body should consider deferring new initiatives, when possible, until the new administrator is appointed and on the job. After all, to ensure effec- tive administrative leadership in the future, it is desir- able that the new administrator be involved in as many policy decisions as possible. Just filling a vacant depart- ment director position, for example, is an opportunity for the new administrator to begin building an admin- istrative team. In fact, such an opportunity can be used to pique the interest of potential applicants during the recruitment process. Although it is not desirable for the governing body to immerse itself in the administrative affairs of the local government, its members should be briefed about cur- rent organizational problems and the status of impor- tant projects before the current administrator leaves, if possible. In this way, the governing body may monitor progress on important matters, provide direction, and set priorities for the person selected as interim administrator. RecRuitment Guidelines foR selectinG a local GoveRnment administRatoR 3 The governing body should initiate the recruitment process immediately after the official decision has been made regarding resignation, retirement, or termination. Failure to do so can potentially generate rumors within the community by various interested parties who may attempt to exert pressure on mem- bers to quickly fill the vacancy. The members of the governing body must bear in mind that an impulsive response to this pressure can be divisive for them and can damage their credibility. They must take charge of the recruitment: they must determine the process that will be used to recruit and select the best administra- tor, and make that decision clear to all concerned. There may be a number of special circumstances that influence the approach and timing used to recruit a new chief administrator. The following examples provide some tips for addressing those circumstances: ■Vacancy due to the chief administrator’s termina- tion or resignation under pressure. If the position is vacant because the former administrator was termi- nated or forced to resign, neither the local govern- ment nor the former administrator will benefit from a public quarrel. It is far better for all concerned to mutually decide on a timetable for the administra- tor’s departure. If this departure is handled profes- sionally and in a mutually respectful manner, there is less likelihood for controversy and ill will to arise around the issues of the separation. Further, and from a recruiting standpoint, handling a difficult situation well will enhance the local government’s image and thus its ability to attract quality applicants. ■Vacancy occurring prior to an election. Occa- sionally, a governing body will delay initiating the recruitment process because an election is pending. But even in the face of an election, it should prepare for the process by developing the administrator profile (described in full later in this document) and determining how the recruitment will be conducted so as to reduce the time lapse between the departure of one administrator and arrival of another. ■Vacancies due to newly adopted council-manager form of government. If the position is vacant because voters either just approved the formation of or adopted a change to the council-manager form of government, the beginning of the search for a new chief administrator will depend on when the change becomes effective. Depending on the circumstances, it may be possible to have applications on file by the time the new members of the governing body are sworn in. In any case, the recruitment process should be initiated as soon as possible. 3. Initiating the Recruitment 4 RecRuitment Guidelines foR selectinG a local GoveRnment administRatoR 4. Conducting the Recruitment There are several major elements and decision points in the recruitment process. This section of the handbook provides tips and guidelines for the governing body in determining the approach to use in this part of the process. The governing body has three major choices for conducting the recruitment. It can: ■Conduct the recruitment in-house ■Retain an outside party to conduct the recruitment ■Use a hybrid approach and conduct the recruit- ment in conjunction with an outside party. In-House Expertise Method: Recruitments Conducted by the Local Government If the governing body chooses to conduct the recruit- ment in-house, it should be with the understanding that the task will be time-consuming and complex. The governing body may also have to decide whether to conduct the process as a body, delegate the respon- sibility to the chairperson, or assign the task to a committee of its members. If it elects to delegate the responsibility to one or more of its members, it must be sure to select people who are well respected and have the time to provide the necessary leadership and follow-through. To provide support in the process, the governing body should seek the assistance of the local gov- ernment’s human resources officer and municipal attorney. In conducting the recruitment in-house, staff can work with the governing body to develop the administrator profile and design an effective and legal recruitment and selection process. Staff can also be responsible for the administrative tasks of placing advertisements, collecting résumés, and scheduling interviews. However, the governing body or its del- egated members will approve the selection of the final candidates and conduct the interviews, and, of course, the body as a whole will make the final selection. In this scenario, staff serve as a resource throughout the entire recruitment process. Outside Expertise Method: Recruitments Conducted with an Outside Party The governing body can retain an outside party to conduct the recruitment. In some cases the interim or a retired administrator may be asked to coordinate the recruitment process. More often, however, the governing body will contract with a firm that special- izes in providing executive search assistance. When using an executive search firm, the gov- erning body plays an active role in the process. It develops the administrator profile, approves the selection of the applicants, interviews the candidates, and, of course, makes the final selection. The benefit of using an executive search firm is the expertise that the firm brings to the process and its ability to coor- dinate the recruitment. Typically the executive search firm begins by meeting with the elected officials either individually or as a group to help them develop the administrator profile. It is the firm’s responsibility to facilitate these discussions and help the governing body reach a con- sensus. After this matter has been settled, the firm coordinates the overall process and assumes respon- sibility for all tasks until it is time for the elected body to select and interview candidates. During this process, the firm updates the governing body, keep- ing the members informed of its progress. As the firm will be responsible for all the administrative details, the role of the staff is usually limited to providing information about the local government and coordi- nating with the firm. Governing bodies that use an outside service should ensure that a reputable firm, one familiar with the special requirements of local government management, is selected. The experience of the firm should be checked through contact with references— in particular, representatives of local governments that have used its services. Further, the governing body should be fully aware of the costs and benefits when deciding whether to use outside expertise. RecRuitment Guidelines foR selectinG a local GoveRnment administRatoR 5 Hybrid Method: In-House in Conjunction with Outside Party In the third alternative, the governing body can con- duct the recruitment in-house and supplement the process, where necessary, with assistance from an executive search firm or another outside source, such as an the ICMA Range Rider. In some cases, the governing body may seek assistance at the beginning of the process to facilitate the discussion, develop the administrator profile, and determine the structure of the recruitment process. In other cases, local government officials may initiate the process in-house by developing the profile and advertising for the vacancy, and they may then use an outside source to help review résumés, conduct reference checks, and structure the interview pro- cess. This alternative may be most appropriate if cost is a concern; however, because it also presents opportunities for lapses in communication, the exact responsibilities of each party must be clarified in a written agreement. 6 RecRuitment Guidelines foR selectinG a local GoveRnment administRatoR 5. Key Elements of the Recruitment Framework Regardless of the method chosen for conducting the recruitment, the governing body must develop a framework for the recruitment process. It must agree at the outset on a number of key issues critical to the success of the recruitment, including criteria for the administrator profile, compensation range and compo- nents, and timing and geographic scope of the search. Major Decision Point: Development of an Administrator Profile The most significant decision point for the governing body in the recruitment of a new administrator is to define what the members are looking for—that is, to cre- ate the administrator profile. The profile will encompass those qualities, characteristics, experience, and areas of expertise that would be found in an ideal candidate. Only by considering how applicants compare and measure against one another and, of course, against the estab- lished criteria, can the governing body be sure that the candidate it appoints has the appropriate combination of work experience, management experience, and leader- ship style to be successful in the position. The governing body should begin with a survey of its needs and those of the organization. To deter- mine the needs of the organization, the governing body should invite input from the department direc- tors. Items to be considered include size of the local government, composition of the community, services provided, and overall objectives and priorities of the governing body. The work experience, skills, and expertise of the candidates must relate to these factors. The governing body should also consider both the “nuts-and-bolts” skills and abilities, such as budget- ing, human resources, and technological know-how, and the “soft” skills, such as the ability to work with people and to lead an organization. These criteria will form the basis for reviewing résumés, selecting final- ists, and making a hiring decision. Unless the governing body can come to consen- sus on these criteria, it may be difficult to find the right candidate. By reaching consensus, however, the governing body will be better able to inform the applicants on what it is looking for in a chief administrator. Developing the administrator profile helps the governing body define its needs and establishes the groundwork for generating a rich pool of applicants with the skills and abilities to address the needs of the governing body, the community, and the organization. Decision Point: Community Engagement in Administrator Profile The governing body must decide whether to engage community members or committees in the recruit- ment process. In most cases, the local government assumes responsibility for the recruitment and conducts the process without involving members of the community. In some cases, however, a governing body may seek input from community members or committees when developing the administrator profile. This not only allows the community to be part of the process but also may provide the governing body with a bet- ter understanding of the role of the administrator. Depending on the method that the governing body uses to conduct the recruitment, gathering input from the community would be facilitated by staff, the out- side recruiter, or the elected officials. Although community input will be valuable, the governing body will ultimately determine the qualities and experiences to be incorporated into the administrator profile, and this should be clearly com- municated to the community. It is, after all, to the governing body that the new administrator will be directly reporting. The ICMA Voluntary Credentialing Program recognizes professional local government managers qualified by a combination of education and experience, adherence to high standards of integrity, and an assessed commitment to lifelong learning and professional development. For more information, visit www.icma.org/en/icma/members/credentialing. RecRuitment Guidelines foR selectinG a local GoveRnment administRatoR 7 Major Decision Point: Administrator Compensation Another critical element to be considered at the outset of the recruitment process is administrator compensa- tion. It is important for the local government to have some general understanding of the acceptable salary range, but it is also important to have some flexibility. Some local governments identify a range; others pro- vide the salary of the current administrator as an indi- cator; and still others may leave the salary open, to be commensurate with the new hire’s background and experience. The governing body will also determine other components of the administrator’s compensa- tion, such as deferred compensation, vacation accrual, and professional development allowances. It is important for the governing body to make clear that it wants the best administrator it can find. In general, potential applicants for the position will want to have some indication of the salary range and com- pensation package. But that will be only one of many factors that they will use in deciding whether to apply. ICMA has developed compensation guidelines for negotiating salary and benefits for local government positions. These guidelines are provided in Appendix B and are also available online at www.icma.org/ compensationguidelines. The actual compensation package will be negotiated with the final candidate at the conclusion of the recruitment process. Schedule Since top candidates often view applying for a new job as a major career decision, it is important that they have adequate time to consider the opportunity, dis- cuss it with their families, and prepare an appropriate résumé. Similarly, the governing body, staff, or execu- tive recruitment firm needs sufficient time to review résumés and conduct reference checks to ensure that good candidates are not overlooked and that finalists meet the desired qualifications. It cannot be overem- phasized that the recruitment should move forward expeditiously while also allowing adequate time for a thorough and comprehensive search. The timing of the recruitment can sometimes be affected by publication deadlines, which are impor- tant in terms of properly advertising the vacant posi- tion. An ideal timetable would provide at least sixty days from the start of the recruitment to the deadline for submitting résumés; thirty days to review résu- més, conduct background checks, interview candi- dates, and make a final selection; and at least thirty days for the new administrator to relocate. To maxi- mize flexibility in the process, the governing body may advertise the position with an “open until filled” statement. Profile: Impact of Special Circumstances: As the governing body decides on the criteria for the administrator profile, three types of situations should receive special consideration: 1. A local government that has just changed its form of govern- ment will ordinarily need an administrator who can inspire local government officials with the enthusiasm needed to implement the new structure. A first administrator in a new structure should be adept at public relations and at establishing relation- ships with incumbent officials and employees. 2. When an administrator has been dismissed or has resigned under pressure, the governing body tends to look for strengths in areas in which the outgoing administrator showed weak- nesses. There are dangers, however, in overcompensating for qualities that have led to dissatisfaction. If the outgoing administrator gave too much freedom to subordinates, for example, suddenly changing to a strong disciplinarian might result in antagonisms that would only lead to further prob- lems. Sometimes a new administrator will be confronted with major problems that must be addressed immediately. If such a situation is anticipated, the governing body should make these circumstances known to any applicant who is being seriously considered. 3. When a popular administrator retires or moves to another local government, the governing body may ask for this person’s assistance in the search for a successor. However, the gov- erning body should not overlook the possible need for new strengths or different qualities. Governing bodies need to be very alert to the dangers of either hiring a clone of the outgoing administrator, assuming that person is leaving on good terms, or a polar opposite, assuming that person is leaving on less than good terms. The importance of evaluating the current needs of the governing body and locality cannot be overstated. 8 RecRuitment Guidelines foR selectinG a local GoveRnment administRatoR Geographic Scope Another factor to consider in determining the recruit- ment framework is the geographic scope: should the search be nationwide, statewide, or regional? A broad geographic search may attract more applicants who have demonstrated an ability to manage in a complex urban environment. On the other hand, a focus on the local government’s state or region may provide applicants who have a better understanding of and orientation to local problems, legal issues, financing alternatives, and similar matters. In any event, the new administrator will provide a fresh perspective on the issues and challenges facing the community and the organization. From the applicant’s perspective, it is assumed that the local government is looking for the best candidate and that all résumés, regardless of where the applicant currently works, will be reviewed carefully. The deter- mination of the scope of the recruitment will influence the advertising and outreach strategies used. Advertising and Outreach Strategies In order to generate a sufficient and diverse pool of qualified applicants, the governing body should develop advertising and outreach strategies. Advertising Campaign It is to the advantage of the local government to ensure that every professional who might have an interest in the vacant position is aware of the opportunity to apply for it. Therefore, it is important that the advertising campaign be compre- hensive and include a carefully worded advertisement. This does not mean, however, that the campaign has to be extensive or expensive. Most local governments, for example, avoid advertising for an administrator in general circulation newspapers unless there is a local requirement to the contrary; this is an expensive form of advertising that does not reach the targeted audience. More effective vehicles for advertising for chief administrators can be found with organizations that are directly related to local government. In addition to ICMA, the following sources should be considered: ■National League of Cities ■National Association of Counties ■National Association of County Administrators ■National Forum for Black Public Administrators ■International Hispanic Network ■American Society for Public Administration. Resources at the state level include state munici- pal leagues, county associations, and municipal assistants organizations. Many of these organiza- tions publish newsletters or magazines and have a online presence; the subscribers to these resources are the men and women in the public administra- tion and local government management professions. Addresses and websites for these resources are listed in Appendix C. Local governments have some flexibility when pre- paring and placing advertisements, but at a minimum, the advertisement should include the following: ■Title of the vacant position ■Name of the local government ■Population of the local government ■Amounts of the operating and capital budgets ■Number of full-time employees ■Services provided ■Statement regarding the compensation package ■Filing deadline, including any special items of information desired such as current salary and work-related references ■A brief description of key areas of interest and desirable experience and qualifications (or a refer- ence or email link to the administrator profile) ■Indication of whether residency is required ■A timetable indicating the principal steps and time- frame for the overall recruitment ■Where and to whom to send résumés with a nota- tion as to whether email submittals are acceptable or required ■Website of the local government. It should be noted that some publications per- mit the use of display ads that incorporate the local government logo and/or graphics within an innovative format. In addition to the advertisement, the governing body, through the staff or the executive recruiter, will usually develop a printed brochure that describes the community, the organization, and the position, as well as providing the administrator profile and the govern- ing body’s key goals and objectives. Outreach Strategy While advertising can gener- ate outstanding applicants and the local govern- ment should look closely at all received résumés, the governing body should supplement the advertising campaign by identifying an outreach strategy to ensure that the search extends to the widest possible pool of RecRuitment Guidelines foR selectinG a local GoveRnment administRatoR 9 qualified applicants. The outreach strategy may have a number of approaches for attracting external can- didates, encouraging superior internal candidates to apply, and promoting diversity in the applicant pool. For External Applicants Useful sources of informa- tion about potential external candidates include the current administrator, former and retired administra- tors, members of the local government, local govern- ment officials in adjacent communities, executive directors of state leagues, directors of university public administration programs, leaders of regional municipal assistants, and ICMA Range Riders. When determining an outreach strategy, the gov- erning body, in conjunction with staff or the recruiter, could consider sending letters to identified individu- als advising them of the opening and inviting them to send a résumé if they are interested in the position. The correspondence should include a basic package of information describing the local government and the vacant position. For the purposes of confidential- ity, all correspondence should either be sent to the applicant’s private residence or marked “Personal and Confidential” if sent to the workplace. Shortly after the letter has been mailed, a follow- up telephone call should be made to confirm that the correspondence was received, assure the recipient that it was not a form letter, indicate why the position may be a good career opportunity, and answer questions. The same deadline for submitting résumés should be used in both the advertisements and the supplemental letters of invitation. For Internal Applicants The local government should be sure to inform its employees of the vacancy and of how and when to apply. The governing body itself may directly invite one or more employees, such as the assistant city administrator or a department director, to submit a résumé, or it may do so indirectly through staff or the executive recruiter. Whether in- house applicants are solicited or apply on their own, it is important that they be treated in the same manner as other applicants. It should be made clear that if an in-house appli- cant is ultimately selected, it is because the governing body has determined that the candidate was the best choice of all those who applied. While most applicants will receive written notification of their status, the governing body may decide to talk personally with any in-house applicant who was not selected in order to provide good communication with staff, main- tain morale, and help ensure an orderly and positive transition. For Diversity of Applicants Development of a strategy to generate a diverse applicant pool helps to ensure a broad cross-section of candidates. A rich pool with applicants of both sexes and from different races and ethnic backgrounds is beneficial because the chosen candidate will likely bring a different per- spective to the organization. Having diversity within a local government can enhance the organization’s overall responsiveness to an increasingly more diverse spectrum of residents, improve its relations with sur- rounding communities, increase its ability to manage change, and expand its creativity. In addition, the governing body may develop an outreach strategy to encourage the participation of applicants from diverse professional backgrounds. Organizations large and small use executive members of their staff on various levels, and there is often a significant wealth of knowledge to be found among candidates who have had successful careers as assis- tant city administrators, as department heads, and in other management positions. 10 RecRuitment Guidelines foR selectinG a local GoveRnment administRatoR 6. Key Elements of the Application Process The application process is the point where effective screening of candidates begins. For this part of the recruitment to be successful, the governing body must proceed carefully and with considerable thought. This section addresses issues such as whether to use a standardized application form; how to provide poten- tial applicants with key information about the posi- tion and the local government; and the importance of establishing and maintaining good relations with applicants. High-quality applicants are more likely to pursue the vacancy if the local government can portray itself as a well-run, organized, and efficient organization. The Application Form Most local governments prefer to ask applicants to submit a résumé in whatever format the applicant determines will be most effective, rather than a standardized application form. For the applicant, this approach provides flexibility to present past work experience in a way that relates directly to the posi- tion in question. At the same time, it permits the local government to see how the applicant organizes and presents material in a written format. The manner in which materials are prepared can be an indication of real interest in the position. A standardized application form is not recom- mended in recruitments for the governing body’s top administrative professional. If one is used, however, it should be easy to complete, and the information requested should be relevant to the vacant position. Regardless of the form of application, the applicant should be required to submit a cover letter and résumé. The Local Government Information Packet Serious applicants will not submit a résumé for con- sideration until they have done their homework and have satisfied themselves that the position represents a good career opportunity. Often they will seek infor- mation from local government officials about the com- munity, the organization, and the position. This is one of the first contacts that will form an impression of the local government on the poten- tial applicant. If the impression created is that the recruitment is well organized, that the local govern- ment officials know what they are looking for and are consistent in the message, and that sufficient infor- mation about the locality is easily obtained, potential applicants are more likely to form a positive image of the position and the governing body in deciding whether to apply. To help disseminate the same information to all applicants, the governing body could put together a packet of information that includes: 1. A copy of the outreach brochure or other docu- ments that provide the criteria for the position, indicating key objectives and priorities and the administrator profile 2. Ordinance or charter requirements if they contain significant or unusual provisions regarding the position 3. Summary information about the local government, including organizational structure, personnel prac- tices, number of employees, services provided, and budget data 4. Information about the community in the form of a chamber of commerce brochure or similar publica- tion, if such is attractively prepared and available 5. Websites that contain information on the local government and community 6. The name, phone number, and e-mail address of a contact person. Applicant Relations Appendix E in this handbook provides some basic do’s and don’ts regarding applicant relations and the recruitment process. The two key areas that are important to stress are candidate status notification and confidentiality. Two critical elements of applicant relations are important to stress: keeping the candidates informed of the status of the process and maintaining confidentiality. RecRuitment Guidelines foR selectinG a local GoveRnment administRatoR 11 Candidate Status Notification As a rule, it is important to engage in the simple and courteous steps of acknowledging résumés as they are received and of notifying applicants of their status as the recruit- ment proceeds. Prompt acknowledgment of résumés is one indication that the process is being handled in a businesslike manner, and it can add to the appli- cant’s positive impression of the organization. This acknowledgment also should inform the applicant of the recruitment timetable. Unless there are unusual or unanticipated delays, this response should be suf- ficient until applicants are actually notified as to their final status. To maintain confidentiality, all correspon- dence should be directed to the applicant’s home, not business address. Additionally, if special circumstances arise (such as a recall election) that might cause a delay in either the recruitment or the selection process, it is important to communicate any changes in the established schedule to all applicants. Similarly, notifying all applicants as to their status, even if they are not selected as finalists, is a basic courtesy that will affect how the candidate views the local government. Maintaining Confidentiality Confidentiality is an important consideration in any recruitment. Present job security and long-term career opportunities could be jeopardized if an applicant’s interest in another position is made public prematurely. While applicants realize that the local government will want to contact their current employers to conduct background checks and assess their job performance, they typically prefer to wait until it is clear that they are going to be con- sidered as finalists who will be invited to the second interviews for the position. The governing body should determine, at the out- set, the extent to which the recruitment process will be confidential. The governing body, in consultation with the local government’s attorney, should decide the level of confidentiality due to the varying open record and disclosure statutes between the states. If applicants’ names are likely to be disclosed at any point, potential applicants should be advised so that they may take it into account in deciding whether to pursue the vacancy. From a recruiting standpoint, assurance of con- fidentiality will result in more applications being submitted, particularly from those who are currently employed elsewhere. As confidentiality is important to both parties, such assurances should be honored, and applicants should be given adequate time to notify their current employers before those employers are contacted by the recruiting local government. There is no faster way to damage the image of the local government and to lose good applicants than to violate the trust or assurance that was given regarding confidentiality. 12 RecRuitment Guidelines foR selectinG a local GoveRnment administRatoR 7. The Role of the Media in the Recruitment Process Members of the media will obviously have an inter- est in the recruitment process and their involve- ment will be dictated in part by state law and in part by tradition. At the outset, local government officials should brief the media on the timing and steps involved in the overall process. After the deadline has passed for submit- ting résumés, the governing body may decide to brief the media and the community on the overall response. As the confidentiality of résumés is a major con- cern in any recruitment and can significantly affect the number and quality of résumés received, applicants should be apprised of any applicable state laws in this area, and the governing body, with advice from the local government’s attorney, should determine what information will and will not be made available to the media. RecRuitment Guidelines foR selectinG a local GoveRnment administRatoR 13 8. The Selection Process Once the deadline for submitting résumés has passed and all applications have been received, the selection process begins. Principal steps are as follows: ■Reviewing the applications ■Determining which candidates will be interviewed ■Interviewing the candidates ■Making the final selection. Reviewing the Applications The selection process begins with a review of the applications and résumés that have been submitted. Depending on how the governing body has chosen to conduct the recruitment, the participants involved in this initial review may be the body as a whole, the chief elected officer, a subcommittee of the governing body, the staff, or the executive recruitment firm. Alterna- tively, some local governments have used a panel of chief administrators from other local governments to serve as a screening panel. Regardless of who performs the screening, the objective of the initial review is to identify those candidates who best reflect the qualities, characteristics, experience, and areas of expertise that were defined in the administrator profile. Major Decision Point: Determining the Candidates to Be Interviewed The determination of the candidates to be interviewed is a significant decision point in the selection process. The objective here is to narrow the total group of applicants to a smaller group that will continue to the next step. Initial Background Check After the group of appli- cants has been narrowed down to those who meet the qualifications described in the administrator profile, the list may be further refined by confirming educa- tional credentials and conducting online checks. Such reviews should not violate the confidentiality of the applicant pool. For online checks, it is important to consider the source and avoid drawing hasty conclu- sions from these sources. Selection of Candidates After the review of the résumés and the initial background check, the par- ticipants in this process should meet with the govern- ing body as a whole to recommend which applicants should be invited to an interview. The chosen group of candidates should be large enough to expose the governing body to an array of personalities. In most cases, five to ten candidates should be selected. The governing body may also establish a secondary list of candidates who could be invited to the interview if one or more of the first group of candidates decline or are unable to continue with the process. Informing the Candidates Once candidates have been selected, the governing body representative, the staff, or the executive recruiter should contact the each candidate by phone and do the following: 1. Inform the candidate that he or she has been selected to be interviewed and offer congratula- tions (the candidate should be made to feel that the governing body is pleased to have reviewed his or her résumé). At the same time, confirm the candidate’s continuing interest in the position. 2. Advise the candidate of: the nature of the interview process, including date and time, number of other candidates, whether there are any in-house candi- dates, and when a decision is expected to be made. Indicate that all the details and information will be confirmed in a written correspondence. If email is to be used for this correspondence, confirm the candidate’s email address. 3. As described in the section on applicant relations, the governing body should have already determined the extent to which the recruitment process will be confidential. At this point, the candidate should be advised if the names of candidates are to be made public and be given the opportunity to withdraw. 4. Confirm that the candidate has received the infor- mation package provided during the application process. Indicate that a supplemental package with more detailed information will be provided directly to the candidate’s home in advance of the inter- view. The supplemental package may include: 14 RecRuitment Guidelines foR selectinG a local GoveRnment administRatoR ■A list of governing body members and their occupations ■Copies of meeting minutes from the past several months ■The general or comprehensive plan and land use maps ■The most recent budget ■A recent bond prospectus ■Any other material that would be of particular rel- evance, given the goals and objectives of the local government and the criteria for the position. As an alternative to a paper package of informa- tion, the candidates can be directed to the locality’s website for such information. 5. Confirm local government policy on reimburse- ment of expenses incurred in conjunction with the interview. Many local governments reimburse candidates for all out-of-pocket expenses, including reasonable transportation, room, and board. (“Rea- sonable” is intended to eliminate first-class airline tickets, four-star hotels, and gourmet restaurants.) Such reimbursement of expenses is another way that the local government can demonstrate its interest in the candidate. It reinforces the positive nature of the recruitment process and is sometimes a factor in whether the candidate is able to attend. Should there be strong reluctance on the part of the governing body to reimburse all expenses, the local government can share expenses with the candidate or can agree to reimburse all expenses incurred after the first trip. The local government staff can offer to handle all reservations, transportation, and related matters, but this can be cumbersome and time-consuming. In most cases, the local government confirms the time and place and lets the candidate make his or her own arrangements. The candidates usually prefer this approach as well. Interviewing the Candidates Most local governments use the interview approach for selecting the chief administrator. In this approach, the governing body will meet as a whole with each individual candidate. As the initial interview is usually limited to an hour, a second interview with one or more of the finalists is generally incorporated into the process. Initial Interview The following provides important guidelines for conducting the initial interview. Structure of the Interview The interview process should be well organized in a comfortable setting for both parties that invites open and relaxed discussions. This element of the process is generally not considered a public meeting, although the governing body, staff, or executive recruiter should consult with the city’s legal advisor to ensure that all requisite notices are sent and other legal requirements are met. All members of the governing body should par- ticipate in the interview with one member, usually the chair, designated as the discussion leader. This interview should last at least an hour as it is difficult to pursue a range of questions in less time. Further, all candidates anticipate and deserve an opportunity to present their qualifications to the governing body and describe their interest in the position. It is important to realize that the interview process not only provides the governing body with an opportunity to improve its knowledge of the candidate but also influences the candidate’s interest in the position. As part of the initial interview, the governing body may want to include a comprehensive tour of the com- munity. A trusted senior staff person would be a likely tour guide. Content of the Interview Questions During the first interview, the governing body will question the candi- date about a variety of matters, such as overall work experience, specific accomplishments, career objectives, alternative approaches to practical problems faced by the local government, and similar matters. A list of potential questions is provided in Appendix D. The interview also gives the candidate an oppor- tunity to evaluate the governing body as a group and to ask questions. An important issue to discuss during the interview is the governing body’s working relation- ship with the administrator, clarifying all roles and responsibilities. During the formal and any informal meetings between the governing body and the candidates, discussions and questions should focus on the criteria for the position that were established at the outset of the recruiting process. Obviously, discussions should stay within acceptable legal parameters and should not include references to politics, religion, age, racial origin, and sexual preferences. When the initial interview process is over, the gov- erning body should avoid impulsive action but rather take whatever time is necessary to arrive at a comfort- able and well-reasoned decision. At this point, either one person has emerged as the clear choice of the RecRuitment Guidelines foR selectinG a local GoveRnment administRatoR 15 governing body; or, more likely, the pool of candidates has been narrowed down to two or three individuals that the governing body would like to further pur- sue. In most cases, the process will involve a second interview of this smaller group of finalists. However, if there is one clear choice, please refer to the section entitled “Making the Final Selection.” Second Interview If, after the initial interview, there are two or three candidates that the governing body would like to further consider, a couple of options exist for setting up a second interview: 1. The governing body may invite the finalists back for a second, more in-depth interview, coupled perhaps with some sort of community function. This arrangement often provides the governing body with the insight needed to make a final decision. 2. The governing body may invite the finalists back for a second, more in-depth interview, coupled with an opportunity for community leaders and/or staff to provide input into the selection of the chief administrator. In either case, finalists should be notified of their status, congratulated for being among the select few who will be further considered, informed of the pro- cess, and asked for permission for the governing body to conduct reference checks. Reference Checks As the governing body is now deciding between two or three qualified candidates, it is important at this point to conduct reference checks that provide additional information on which to base the decision. References should be checked to learn about each finalist’s ability to work effectively with people, to develop a more complete understanding of the finalist’s work experience and specific accomplish- ments, and to see if the finalist’s qualifications match the profile for the position. The following suggestions are important for ensuring consistency and thorough- ness when conducting reference checks: ■The reference checks may be performed by mem- bers of the governing body, staff, or executive recruitment firm. In general, however, it is advis- able to limit the number of people performing the checks to one or two. It may be difficult, depend- ing on the number of candidates, to have one person perform all the reference checks, especially if there are three references for each candidate. Further, it can be helpful if two people compare notes on the same candidates. ■Be consistent in discussing issues with and asking questions of each candidate in order to provide a good basis for comparison. ■Contact enough people to ensure a consistent read- ing as to the candidate’s strengths and weaknesses. If a reference can say only good things about the candidate, he or she should be asked directly what weaknesses the candidate has. Decision Point: Inviting the Candidate’s Spouse/ Partner While the focus of the recruitment is on the chief administrator, the governing body may formally invite the candidate’s spouse/partner to the com- munity during the interview process. Generally, this type of invitation occurs only after the first interview process has narrowed the group of candidates down to the top two or three. The spouse/partner should never be included in the formal interview process, nor made to feel as if he or she is being interrogated in any way. If the governing body formally invites the spouse/ partner to accompany the candidate, it is important that this part of the process be as well organized as all the other parts that concern the candidate directly. Here, too, an important impression about the commu- nity is being made. The interests of the spouse/partner should be carefully determined and accommodated. On the other hand, the governing body may use an informal, non-structured approach to the involvement of the spouse/partner. Understanding that a candidate may bring his or her spouse/partner along to explore the community as a possible future home, the govern- ing body may consider having a packet of relevant community information available. Decision Point: Community Involvement The gov- erning body must decide whether to involve commu- nity members or committees in the interview process. In most cases, the local government assumes respon- sibility for the interviews and conducts the process of selecting the new chief administrator without the involvement of members of the community. In some cases, however, governing bodies have chosen to supplement the usual discussion between members and finalists by inviting community leaders to participate. For example, finalists may meet with selected community leaders to answer questions and receive their input on matters they consider important to the local government. If this option is taken, the purpose of the meeting should be made clear to all involved. Both the finalist and the community members should know whether these meetings are intended simply to provide the 16 RecRuitment Guidelines foR selectinG a local GoveRnment administRatoR finalist with additional information on the local government or whether the community group will also be involved in the actual selection process. In the latter case, although the input from the commu- nity will be valuable, it should be made clear that the governing body will make the final selection based upon a variety of factors. Decision Point: Staff Involvement The governing body must also decide whether to involve staff mem- bers in the interview process. It may choose to supple- ment the usual discussion between members and finalists by inviting staff members to participate. For example, finalists may meet with selected department directors to answer questions and review departmental operations in more detail. If this option is taken, its purpose should be made clear to all involved. Both the finalist and the staff members should know whether these meetings are intended simply to provide the finalist with additional information on the local government or whether the group will also be involved in the selection process. In the latter case, although the input from the staff will be valuable, it should be made clear that the govern- ing body will make the final selection based upon a variety of factors. Major Decision Point: Making the Final Selection After the second interviews, there should be one person who is the clear first choice of the majority, if not all, of the governing body. It is important to both the governing body and the potential new hire that the decision be unanimous, if possible. A unanimous vote from the governing body demonstrates a commit- ment of support to the new chief administrator and sends a positive message to both the organization and the community. If the governing body is divided on the appointment and the decision is not unanimous, however, the chosen finalist should be advised of this prior to accepting the position. Once the selection has been made, the governing body, staff, or executive recruiter should contact the finalist, confirm his or her willingness to accept the position, and obtain permission to conduct a very thorough background check, which will be performed by an outside party. This process includes interviews with individuals in the candidate’s current commu- nity, an investigation into possible criminal history, and a credit check, which requires the candidate’s consent. Another element of this final selection process may include some or all of the members of the governing body making an on-site visit to the finalist’s current community. Often finalists insist that an agreement regarding terms and conditions of employment be agreed upon before being open to a site visit. Once the governing body is satisfied with the results of that process, it may inform the finalist and move ahead to put together a total compensation package and discuss other related arrangements. How- ever, if the governing body is unable to satisfactorily conclude negotiations with its first choice, it may need to engage in discussions with one of the other final- ists. Thus, it should refrain from notifying the other finalists until all arrangements have been finalized with the first-choice candidate. From a public image standpoint, it is impera- tive that all candidates learn about the final selec- tion from the governing body or its representative, as opposed to hearing about it from a third party or reading about it online or in a newsletter or profes- sional publication. A representative from the govern- ing body, staff, or executive recruitment firm should personally contact the runners-up prior to or at the same time that a news release about the appointment is issued. It is important that the vote for the new chief administrator be unanimous, if possible. This sends a positive message to the organization and the community. RecRuitment Guidelines foR selectinG a local GoveRnment administRatoR 17 1. Ultimately, what salary will be acceptable to the governing body? 2. What is the bargaining range? 3. What is the current salary of the applicant? 4. What type of salary and total compensation package did the candidate discuss during the interview? ICMA, the National Association of Counties, and state leagues of cities and counties are sources of information on the salaries of local government administrators around the country. Prior to initiating negotiations, the governing body should compare its salary range with that of other governing bodies in same region of the country. Elements of Total Compensation Elements of a total compensation package typically include: ■Base salary ■Deferred compensation ■Severance pay ■Use of government car or car allowance ■Use of technology or technology allowance ■Retirement plan ■Medical and other insurance (dental, optical, life, disability) ■Vacation accrual ■Holidays ■Sick leave accrual ■Membership dues, conference, and professional development attendance fees. 9. The Negotiation Process Once the local government has made its decision and the finalist has indicated a willingness to serve as the chief administrator, a number of final arrangements must be completed. These include negotiating a compensation package and completing transition activities. Only after these arrangements are concluded can the new chief administrator relocate and begin work for the community. Preparation for Negotiation The governing body needs to ensure that relations with the new administrator get off to a good start. At this point, nothing should happen that causes the new administrator to reconsider. It is important that the governing body identify a single individual to act as the negotiator for the local gov- ernment. Depending on the approach that the governing body has selected, the negotiator may be a member of the governing body; a member of the staff, such as the interim chief administrator or the municipal attorney; or the executive recruiter. The following are important guidelines regarding the structure of the negotiations: 1. The atmosphere should be friendly and relaxed. 2. The negotiator should be flexible. Negotiating implies a willingness to consider options and alternatives in pursuit of an acceptable package. There may well be more than one way to meet the financial objectives of the new administrator. 3. The governing body should be realistic. No mat- ter how beautiful and desirable the community or position may be, the finalist is unlikely to accept the new position without an increase in pay over his or her present salary. Major Decision Point: Negotiating Compensation In compensation negotiations, base salary is a good place to start. The ICMA Compensation Guidelines, which are provided in Appendix B, are a good source of information to help with this part of the process. The person conducting the negotiation on behalf of the local government should keep the following questions in mind: The governing body should rely on a single individual to handle its part of the negotiation process. The process should be friendly and relaxed; the negotiator should be flexible; and the governing body should be realistic in its guidelines to the negotiator. 18 RecRuitment Guidelines foR selectinG a local GoveRnment administRatoR Before the negotiation begins, the governing body should ask the candidate to provide a written itemization of his or her current total compensation. After receiving this information, the person negotiat- ing on behalf of the governing body should outline a proposed package and provide it to the candidate. Usually there will be no negotiation on those benefits that are similar among local governments, such as medical insurance and holidays. The variables most often relate to base salary and particular financial objectives, such as deferred compensation, health insurance, and requirements to join a state retirement system. The proposed compensation package should (1) leave the individual whole on basic benefits, (2) provide an appropriate step forward in cash-related benefits, (3) ensure an increase in take-home pay, and (4) deal with any particular financial objectives that the new administrator may have. Noncompensation Elements During the negotia- tions, some issues will arise that do not relate to the total compensation package but may well have signifi- cant financial implications for both the local govern- ment and the new administrator. Both parties need to be flexible and realistic in dealing with these issues: ■Relocation expenses: It is common for local governments to pay the one-time cost of relocating the administrator and his or her family and house- hold furnishings to the new local government. Sometimes both parties agree on a “not-to-exceed” figure based on estimates from moving companies. ■Temporary housing: An allowance for temporary housing is usually provided until the new adminis- trator is able to sell his or her former home and/or relocate his or her family. Typically, this amount is sufficient to cover the cost of a modern furnished apartment or condominium. Again, both parties may agree to a fixed time period or amount. ■Commuting expenses: As with temporary hous- ing, the local government often will agree to reim- burse the administrator for periodic family visits or for the spouse/partner to visit for house-hunting purposes. ■Housing assistance: Regional variations in the cost of housing or housing financing can complicate the negotiations. There is considerable precedent for local governments—using appropriate safe- guards and limits—to assist in the purchase and/or financing of housing for the new administrator. A variety of options exist, including a loan or a salary supplement. Employment Agreements It is in the interests of both the community and the chief administrator to have a written summary of the terms and conditions of employment to which both parties have agreed. The stable working situation created by such an agreement helps to attract and keep top-flight admin- istrators in a generally mobile profession. ICMA recommends the use of employment agreements because the detailing of salary, benefits, and other conditions of the administrator’s job puts those items where they belong—in a contract where both par- ties can know what is expected—and removes them from the daily agenda of the chief administrator and members of the governing body. While such an agreement usually does not refer to a specific term of employment and permits either the governing body or the chief administrator to terminate for cause or at will, it should include a section provid- ing the administrator with severance pay for a fixed period of time if he or she is terminated. This provides important personal and professional security for local government chief administrators, as they have the rather unique situation of working at the pleasure of the governing body with the possibility of dismissal for any reason at any time. While not a lengthy legal document, the employ- ment agreement is usually drafted by the local govern- ment’s attorney. The new administrator is often given an opportunity to prepare a first draft for consider- ation. If an employment agreement is not used, a formal letter of understanding, at a minimum, should be prepared. As a final note on this process, the governing body should be prepared for the possibility that it will be unable to reach agreement on compensation or other matters with the first-choice candidate. In these instances, the governing body typically enters into negotiations with its second-choice candidate. As indi- cated previously, once an agreement has been final- ized, all other candidates should be promptly notified that they were not selected. RecRuitment Guidelines foR selectinG a local GoveRnment administRatoR 19 10. The Transition Process After the governing body and new chief adminis- trator have reached agreement on the issues of compensation, starting date, and method and timing of announcing the selection to both the community and the administrator’s former local government, the transition process begins. Announcing the Selection The announcement of the selection should be well planned and coordinated between the governing body and new chief administrator. Two factors should pre- cede any formal announcement of the appointment: ■The successful candidate has formally accepted the position and the negotiations have been concluded; and ■The successful candidate has been given the opportunity to notify his or her current governing body about the appointment. This public announcement should be coordinated carefully to recognize the instantaneous nature of elec- tronic communication. Additional Elements Additional elements that the governing body may employ to ensure a smooth transition for the new chief administrator are as follows: ■General assistance: For a smooth transition, the local government should offer whatever general assistance the new administrator might need in moving, such as introductions to realtors and bankers and support to the spouse/partner in find- ing suitable employment. ■Orientation meetings: The governing body should arrange to introduce the new chief administrator to department heads and local government staff. While the new administrator may have met some of these individuals during the interview process, a special meeting or reception can be a pleasant way to turn over responsibility. Similar meetings, brief- ing sessions, and/or receptions can be arranged to introduce the new administrator and his or her family to community groups, civic leaders, and residents in general. ■Local government work session, orientation, and review of objectives: It is desirable to have an initial work session with the new administrator to discuss and clarify initial expectations on both sides and to review goals and objectives. Even though some of these issues may have been raised during the interview process, communication from the outset can help ensure a smooth working relationship. ■Performance evaluation: Using the position’s goals and objectives as a starting point, the gov- erning body and new chief administrator should agree to an annual or semiannual review of the administrator’s performance. This established and formal process helps to ensure that communication between the parties is maintained, that progress is monitored, and that goals and objectives are reviewed and refined on a regular basis. 20 RecRuitment Guidelines foR selectinG a local GoveRnment administRatoR 11. Conclusion selecting the right person for the job is critical for the governing body and for the community. This guidebook addresses a number of factors to consider in recruiting, selecting, negotiating, and hir- ing a professional local government manager. In doing so, it elaborates on the “best practices” for identify- ing the appropriate skills and background of a chief administrator, noting that the governing body must identify the qualities, characteristics, experience, and areas of expertise that would be found in the ideal candidate. Throughout the entire process, clear com- munication to staff, the community, and the media is essential for achieving the governing body’s goals. In the end, the process of recruiting and selecting a chief administrator should be a positive and unifying experi- ence, resulting in the appointment of an individual who represents and embodies the governing body’s vision for the future. ICMA and its members are resources available for providing guidance and recommendations in the recruitment of a chief administrator. With this docu- ment, we hope we have provided a basic understand- ing of the process involved in selecting a professional local government manager who meets the needs of the community. Choosing a chief administrator can be the most significant action of the governing body. The chief administrator is a leader, coach, and chief of strategy for the staff team whose job it is to imple- ment a vision, policy, and procedures; accomplish goals; and achieve the desired output of the orga- nization. Similar to a chief executive officer of a Fortune 500 company, the chief administrator is also responsible for serving an elected governing body, managing the financial aspects of the organization, directing the employees, ensuring quality customer service, and implementing legal and ethical stan- dards. Furthermore, unique to public agencies, the chief administrator oversees an organization that is focused on providing a variety of services to the com- munity rather than on making a profit. In addition to a very diversified portfolio of ser- vices that must be provided and interests that must be served fairly, the chief administrator is responsible for an organization that must balance its budget; provide for and encourage public input into decision making; and understand, respect, and appreciate the politi- cal environment. In summary, the position of chief administrator requires a variety of skill sets—not every person is capable of performing the role. Therefore, RecRuitment Guidelines foR selectinG a local GoveRnment administRatoR 21 Appendix A ICMA Code of Ethics with Guidelines a member considering several offers or seeking several positions at the same time, but once a bona fide offer of a position has been accepted, that commitment should be honored. Oral acceptance of an employment offer is considered binding unless the employer makes fundamental changes in terms of employment. Credentials. An application for employment or for ICMA’s Voluntary Credentialing Program should be complete and accurate as to all pertinent details of education, experience, and personal history. Members should recognize that both omissions and inaccuracies must be avoided. Professional Respect. Members seeking a manage- ment position should show professional respect for persons formerly holding the position or for others who might be applying for the same position. Profes- sional respect does not preclude honest differences of opinion; it does preclude attacking a person’s motives or integrity in order to be appointed to a position. Reporting Ethics Violations. When becoming aware of a possible violation of the ICMA Code of Ethics, members are encouraged to report the matter to ICMA. In reporting the matter, members may choose to go on record as the complainant or report the matter on a confidential basis. Confidentiality. Members should not discuss or divulge information with anyone about pending or completed ethics cases, except as specifically autho- rized by the Rules of Procedure for Enforcement of the Code of Ethics. Seeking Employment. Members should not seek employment for a position having an incumbent administrator who has not resigned or been officially informed that his or her services are to be terminated. The ICMA Code of Ethics was adopted by the ICMA membership in 1924, and most recently amended by the membership in May 1998. The Guidelines for the Code were adopted by the ICMA Executive Board in 1972, and most recently revised in July 2004. The mission of ICMA is to create excellence in local governance by developing and fostering professional local gov- ernment management worldwide. To further this mission, certain principles, as enforced by the Rules of Procedure, shall govern the conduct of every member of ICMA, who shall: 1. Be dedicated to the concepts of effective and democratic local government by responsible elected officials and believe that professional gen- eral management is essential to the achievement of this objective. 2. Affirm the dignity and worth of the services ren- dered by government and maintain a constructive, creative, and practical attitude toward local govern- ment affairs and a deep sense of social responsibil- ity as a trusted public servant. Guideline Advice to Officials of Other Local Governments. When members advise and respond to inquiries from elected or appointed officials of other local governments, they should inform the administrators of those communities. 3. Be dedicated to the highest ideals of honor and integrity in all public and personal relationships in order that the member may merit the respect and confidence of the elected officials, of other officials and employees, and of the public. Guidelines Public Confidence. Members should conduct them- selves so as to maintain public confidence in their profession, their local government, and in their perfor- mance of the public trust. Impression of Influence. Members should conduct their official and personal affairs in such a manner as to give the clear impression that they cannot be improperly influenced in the performance of their official duties. Appointment Commitment. Members who accept an appointment to a position should not fail to report for that position. This does not preclude the possibility of 22 RecRuitment Guidelines foR selectinG a local GoveRnment administRatoR 4. Recognize that the chief function of local govern- ment at all times is to serve the best interests of all of the people. Guideline Length of Service. A minimum of two years generally is considered necessary in order to render a profes- sional service to the local government. A short tenure should be the exception rather than a recurring experi- ence. However, under special circumstances, it may be in the best interests of the local government and the member to separate in a shorter time. Examples of such circumstances would include refusal of the appointing authority to honor commitments concern- ing conditions of employment, a vote of no confidence in the member, or severe personal problems. It is the responsibility of an applicant for a position to ascer- tain conditions of employment. Inadequately deter- mining terms of employment prior to arrival does not justify premature termination. 5. Submit policy proposals to elected officials; provide them with facts and advice on matters of policy as a basis for making decisions and setting com- munity goals; and uphold and implement local government policies adopted by elected officials. Guideline Conflicting Roles. Members who serve multiple roles— working as both city attorney and city manager for the same community, for example—should avoid participat- ing in matters that create the appearance of a conflict of interest. They should disclose the potential conflict to the governing body so that other opinions may be solicited. 6. Recognize that elected representatives of the people are entitled to the credit for the establish- ment of local government policies; responsibility for policy execution rests with the members. 7. Refrain from all political activities which under- mine public confidence in professional administra- tors. Refrain from participation in the election of the members of the employing legislative body. Guidelines Elections of the Governing body. Members should maintain a reputation for serving equally and impar- tially all members of the governing body of the local government they serve, regardless of party. To this end, they should not engage in active participation in the election campaign on behalf of or in opposition to candidates for the governing body. Elections of Elected Executives. Members should not engage in the election campaign of any candidate for mayor or elected county executive. Running for Office. Members shall not run for elected office or become involved in political activities related to running for elected office. They shall not seek politi- cal endorsements, financial contributions or engage in other campaign activities. Elections. Members share with their fellow citizens the right and responsibility to vote and to voice their opinion on public issues. However, in order not to impair their effectiveness on behalf of the local governments they serve, they shall not participate in political activities to support the candidacy of indi- viduals running for any city, county, special district, school, state or federal offices. Specifically, they shall not endorse candidates, make financial contributions, sign or circulate petitions, or participate in fund-rais- ing activities for individuals seeking or holding elected office. Elections in the Council-Manager Plan. Members may assist in preparing and presenting materials that explain the council-manager form of government to the public prior to an election on the use of the plan. If assistance is required by another community, mem- bers may respond. All activities regarding ballot issues should be conducted within local regulations and in a professional manner. Presentation of Issues. Members may assist the gov- erning body in presenting issues involved in referenda such as bond issues, annexations, and similar matters. 8. Make it a duty continually to improve the member’s professional ability and to develop the competence of associates in the use of management techniques. Guidelines Self-Assessment. Each member should assess his or her professional skills and abilities on a periodic basis. Professional Development. Each member should commit at least 40 hours per year to professional development activities that are based on the practices identified by the members of ICMA. 9. Keep the community informed on local govern- ment affairs; encourage communication between the citizens and all local government officers; emphasize friendly and courteous service to the public; and seek to improve the quality and image of public service. RecRuitment Guidelines foR selectinG a local GoveRnment administRatoR 23 10. Resist any encroachment on professional respon- sibilities, believing the member should be free to carry out official policies without interference, and handle each problem without discrimination on the basis of principle and justice. Guideline Information Sharing. The member should openly share information with the governing body while diligently carrying out the member’s responsibilities as set forth in the charter or enabling legislation. 11. Handle all matters of personnel on the basis of merit so that fairness and impartiality govern a member’s decisions, pertaining to appointments, pay adjustments, promotions, and discipline. Guideline Equal Opportunity. All decisions pertaining to appointments, pay adjustments, promotions, and dis- cipline should prohibit discrimination because of race, color, religion, sex, national origin, sexual orientation, political affiliation, disability, age, or marital status. It should be the members’ personal and profes- sional responsibility to actively recruit and hire a diverse staff throughout their organizations. 12. Seek no favor; believe that personal aggrandize- ment or profit secured by confidential information or by misuse of public time is dishonest. Guidelines Gifts. Members should not directly or indirectly solicit any gift or accept or receive any gift--whether it be money, services, loan, travel, entertainment, hospital- ity, promise, or any other form--under the following circumstances: (1) it could be reasonably inferred or expected that the gift was intended to influence them in the performance of their official duties; or (2) the gift was intended to serve as a reward for any official action on their part. It is important that the prohibition of unsolicited gifts be limited to circumstances related to improper influence. In de minimus situations, such as meal checks, some modest maximum dollar value should be determined by the member as a guideline. The guide- line is not intended to isolate members from normal social practices where gifts among friends, associates, and relatives are appropriate for certain occasions. Investments in Conflict with Official Duties. Member should not invest or hold any investment, directly or indirectly, in any financial business, commercial, or other private transaction that creates a conflict with their official duties. In the case of real estate, the potential use of confidential information and knowledge to further a member’s personal interest requires special consider- ation. This guideline recognizes that members’ official actions and decisions can be influenced if there is a conflict with personal investments. Purchases and sales which might be interpreted as speculation for quick profit ought to be avoided (see the guideline on “Confidential Information”). Because personal investments may prejudice or may appear to influence official actions and decisions, members may, in concert with their governing body, provide for disclosure of such investments prior to accepting their position as local government adminis- trator or prior to any official action by the governing body that may affect such investments. Personal Relationships. Member should disclose any personal relationship to the governing body in any instance where there could be the appearance of a conflict of interest. For example, if the manager’s spouse works for a developer doing business with the local government, that fact should be disclosed. Confidential Information. Members should not dis- close to others, or use to further their personal inter- est, confidential information acquired by them in the course of their official duties. Private Employment. Members should not engage in, solicit, negotiate for, or promise to accept private employment, nor should they render services for pri- vate interests or conduct a private business when such employment, service, or business creates a conflict with or impairs the proper discharge of their official duties. Teaching, lecturing, writing, or consulting are typi- cal activities that may not involve conflict of interest, or impair the proper discharge of their official duties. Prior notification of the appointing authority is appro- priate in all cases of outside employment. Representation. Members should not represent any outside interest before any agency, whether public or private, except with the authorization of or at the direction of the appointing authority they serve. Endorsements. Members should not endorse com- mercial products or services by agreeing to use their photograph, endorsement, or quotation in paid or other commercial advertisements, whether or not for compen- sation. Members may, however, agree to endorse the 24 RecRuitment Guidelines foR selectinG a local GoveRnment administRatoR following, provided they do not receive any compensa- tion: (1) books or other publications; (2) professional development or educational services provided by non- profit membership organizations or recognized educa- tional institutions; (3) products and/or services in which the local government has a direct economic interest. Members’ observations, opinions, and analyses of commercial products used or tested by their local governments are appropriate and useful to the profes- sion when included as part of professional articles and reports. RecRuitment Guidelines foR selectinG a local GoveRnment administRatoR 25 Appendix B ICMA Guidelines for Compensation Maintaining public trust and integrity in local government requires both effective governance and management of the organization. The following guidelines are intended to establish a best practice for establishing and negotiating compensation for local government executives and staff and to clarify the roles and responsibilities of the governing body, local government manager, and employee. The Principles Compensation and personnel matters should be guided by the core principles of the ICMA Code of Ethics. ICMA affirms that the standard practice for establishing the compensation of local government managers be fair, reasonable, transparent, and based on comparable public salaries nationally and regionally. ICMA members should act with integrity in all personal and professional matters in order to merit the trust of elected officials, the public and employees. Local government managers have an ethical responsibility to be clear about what is being requested and to avoid excessive compensation. Elected officials perform a critical governance role providing oversight of the management of the organi- zation. To that end, they must be engaged in establish- ing the process for determining the compensation for all executives appointed by the governing body. Compensation should be based on the position requirements, the complexity of the job reflected in the composition of the organization and community, the leadership needed, labor market conditions, cost of living in the community, and the organization’s ability to pay. The Process for Negotiating Executive Compensation To establish fair and reasonable compensation, the gov- erning body operating as a committee of the whole or as a designated evaluation and compensation subcommit- tee, should design and implement the methodology for setting the compensation of the local government man- ager and any other appointees of the governing body. Compensation benchmarks should be established based on comparable local government or public sec- tor agencies. The governing body should engage experts whether contracted or in house as necessary to pro- vide the information required to establish fair and reasonable compensation levels. All decisions on compensation and benefits must be made by the entire governing body in a public meeting. Compensation Guidelines for Local Government Executives A starting point for the elected officials and local government manager in any salary negotiation should be to 1. Determine the requirements of the job and the experience needed to successfully perform the job duties. 2. Examine market conditions to learn what compa- rable public sector executives earn. A best practice would be to gather information using pre-deter- mined comparable benchmark local governments or public sector agencies. 3. Understand the services provided by the local gov- ernment along with the nature of the current issues in the organization and in the community, and then compare these with the individual’s expertise and proven ability to resolve those issues. 4. Identify the local government’s current financial position, its ability to pay, and the existing policies toward compensation relative to market conditions. 5. Weigh factors such as the individual’s credentials, experience and expertise when setting salary. 6. Consider additional compensation in areas where the cost of living is high and the governing body wants the manager to reside within the commu- nity. In addition, other unique and special circum- stances may be taken into consideration, such as difficult recruitment markets and the particularly challenging needs of the public agency. 7. Seek legal advice as needed and appropriate dur- ing periods prior to the beginning of employment when terms and conditions are being negotiated and finalized. 26 RecRuitment Guidelines foR selectinG a local GoveRnment administRatoR Severance Severance provisions established in the employment agreement must be both reasonable and affordable so that the cost of the severance is not an impediment to fulfilling the governing body’s right to terminate a manager’s service, if desired, but is consistent with the role and expectations of the position. The ICMA Model Employment Agreement (see Appendix F) recommends a one year severance but recognizes that the length of service with an organization may justify a higher severance. Compensation Changes 1. Benefits and salary increases should be reasonably comparable to those that local government execu- tives receive within the designated benchmark or regional market area and generally consistent with other employees. 2. Merit adjustments or bonuses should be contingent upon performance and the overall financial posi- tion of the local government to afford additional compensation payments. Provisions regarding con- sideration of periodic merit adjustments in salary should be pre-determined. 3. Local government managers must recognize and effectively manage conflicts of interest inherent in compensation changes. Managers should avoid taking steps regarding pension and other benefits where they will be the sole or primary beneficiary of the change. Examples include: ■Dramatically increasing salary thereby leading to pension spiking. ■Recommending or implementing single highest year to determine retirement benefits 4. An individual should receive a single salary that recognizes all duties and responsibilities assigned rather than different salaries for different assignments. 5. Local government managers should not put their personal compensation interests before the good of the overall organization and that of the citizens. Transparency 1. Local government managers should provide their total compensation package to the governing body when requesting compensation changes so that the governing body has a comprehensive view of the compensation package. 2. In the interest of fairness and transparency, there should be full disclosure to the governing body, prior to formal consideration and approval, of the potential cost of any benefit changes negotiated during employment. 3. When the terms and conditions of employment are being renegotiated with the employer and at the end when the employment is being terminated, ICMA members have a duty to advise the elected officials to seek legal advice. 4. In the interests of transparency, the salary plan and salary ranges for local government positions, including that of the manager, should be publicly accessible on the agency’s website. General Compensation Guidelines for All Employees 1. Each local government should establish benchmark agencies, which are determined using set criteria such as, but not limited to, ■Geographic proximity ■Similarity with regard to the nature of the ser- vices provided ■Similarity in employer size/population size ■Similarity in the socioeconomic makeup of the population ■Other similar employers in the immediate area. 2. The local government should develop appropri- ate compensation levels that are in line with their labor market. Doing so will enable the organization to establish and maintain a reputation as a com- petitive, fair, and equitable employer as well as a good steward of public funds. 3. When considering any salary or benefit changes, the immediate and anticipated long-term financial resources of the organization always should be taken into account. 4. Appropriate financial practices should be followed to both disclose and properly fund any related future liability to the local government. RecRuitment Guidelines foR selectinG a local GoveRnment administRatoR 27 Appendix C: Professional Organizations to Consider Posting Position Vacancy International City/County Management Association (ICMA) 777 North Capitol Street NE, Suite 500 Washington, DC 20002 Phone: 202-289-4262 JobCenter Rates/Information: www.icma.org/en/icma/career_network/employers/ difference American Society for Public Administration (ASPA) 1301 Pennsylvania Avenue NW, Suite 700 Washington, DC 20004 Phone: 202-393-7878 PublicServiceCareers.org (online) Rates/Information: www.publicservicecareers.org/?pageid=617 National Association of Counties (NACo) 25 Massachusetts Avenue NW, Suite 500 Washington, DC 20001 Phone: 202-393-6226 or 1-888-407-6226 JobsOnline (website) and County News Job Market/Classified Ad (newspaper) Rates/Submissions: www.naco.org/programs/jobsonline/Pages/ JobsOnlineSubmission.aspx National Association of County Administrators (NACA) 777 North Capitol Street NE, Suite 500 Washington, DC 20002 Email: naca@icma.org National Forum for Black Public Administrators (NFBPA) 777 North Capitol Street NE, Suite 807 Washington, DC 20002 Phone: 202-408-9300 NFBPA Career Center Ad Rates/Information: careers.nfbpa.org/rates.cfm Phone: 1-866-964-2765 E-mail (Job Posting Sales): postings@boxwoodtech.com National League of Cities (NLC) 1301 Pennsylvania Avenue NW, Suite 550 Washington, DC 20004 Nation’s Cities Weekly Classifieds Rates/Submissions: www.nlc.org/news-center/nations-cities-weekly/ classifieds/ncw-submit-classified International Hispanic Network (IHN) 2107 North First Street, Suite 470 San José, CA 95131 Phone: 408-392-0232 Job Posting Rates/Submissions: www.ihnonline.org/jobsaddform.asp STATE MUNICIPAL LEAGUES Alabama League of Municipalities (www.alalm.org) 535 Adams Avenue Montgomery, AL 36104 Phone: 334-262-2566 Municipal Classified Ads Posting Information: carrieb@alalm.org Alaska Municipal League (www.akml.org) 217 Second Street, Suite 200 Juneau, AK 99801 Phone: 907-586-1325 AML Classifieds Informational Brochure: www.akml.org/uploads/MunicipalClassified AdGuidelines.pdf Phone: 1-877-636-1325 Email: info@akml.org 28 RecRuitment Guidelines foR selectinG a local GoveRnment administRatoR League of Arizona Cities and Towns (www.azleague.org) 1820 West Washington Street Phoenix, AZ 85007 Phone: 602-258-5786 Municipal Employment Opportunities Rates/Information: www.azleague.org/index.cfm?fuseaction=jobs.main Email: jobs@azleague.org Arkansas Municipal League (www.arml.org) 301 West 2nd Street North Little Rock, AR 72115 Phone: 501-374-3484 City & Town Municipal Mart Rates/Information: www.arml.org/classifieds.html Submissions: 501-374-3484 League of California Cities (www.cacities.org) 1400 K Street, Suite 400 Sacramento, CA 95814 Phone: 916-658-8200 Western Cities Rates/Submissions: www.westerncity.com/Western-City/ Job-Opportunities/How-to-Post-a-Job Colorado Municipal League (www.cml.org) 1144 Sherman Street Denver, CO 80203 Phone: 303-831-6411 or 1-866-578-0936 CareerLink Postings: www.cml.org/CareerLink.aspx Connecticut Conference of Municipalities (www.ccm-ct.org) 900 Chapel Street, 9th Floor New Haven, CT 06510 Phone: 203-498-3000 Municipal Job Bank Information/Rates/Submissions: www.ccm-ct.org/Plugs/job-bank.aspx Delaware League of Local Governments (www.dllg.org) P.O. Box 484 Dover, DE 19903 Phone: 302-678-0991 *Provides no employment listings* Florida League of Cities (www.floridaleagueofcities.com) 301 South Bronough Street, Suite 300 Tallahassee, FL 32301 Phone: 850-222-9684 or 1-800-342-8112 FLC E-News Information/Submissions: www.floridaleagueofcities.com/Publications .aspx?CNID=179 Phone: 850-322-7221 Georgia Municipal Association (www.gmanet.com) 201 Pryor Street SW Atlanta, GA 30303 Phone: 404-688-0472 Classifieds/Marketplace Submissions: www.glga.org/SubmitListing.aspx Phone: 678-686-6209 Hawaii (none available) Association of Idaho Cities (www.idahocities.org) 3100 South Vista Avenue, Suite 310 Boise, ID 83705 Phone 208-344-8594 Employment Opportunities Information/Rates/Submissions: www.idahocities.org/index.aspx?nid=213 Illinois Municipal League (www.iml.org) 500 East Capitol Avenue Springfield, IL 62701 Phone: 217-525-1220 Classifieds Information/Submissions: www.iml.org/contact.cfm?user=rturner&subject =Submit%20Classified%20Ad Rates: www.iml.org/page.cfm?category=640 Indiana Association of Cities and Towns (www.citiesandtowns.org) 200 South Meridian Street, Suite 340 Indianapolis, IN 46225 Phone: 317-237-6200 Municipal Dispatch Contact Publications and Marketing Director Staff Directory: www.citiesandtowns.org/topic/subtopic. php?fDD=2-15 RecRuitment Guidelines foR selectinG a local GoveRnment administRatoR 29 Iowa League of Cities (www.iowaleague.org) 317 Sixth Avenue, Suite 800 Des Moines, IA 50309 Phone: 515-244-7282 Classifieds Information/Rates/Submissions: www.iowaleague.org/Pages/SubmitClassified.aspx League of Kansas Municipalities (www.lkm.org) 300 SW Eighth Avenue Topeka, KS 66603 Phone: 785-354-9565 Kansas Government Journal (and online) Rates: www.lkm.org/classifieds/jobs Submissions: classifieds@lkm.org Kentucky League of Cities (www.klc.org) 100 East Vine Street, Suite 800 Lexington, KY 40507 Phone: 859-977-3700 or 1-800-876-4552 City Job Opportunities Online Submissions: www.klc.org/employment_post.asp Louisiana Municipal Association (www.lma.org) 700 North 10th Street Baton Rouge, LA 70802 Phone: 225-344-5001 or 1-800-234-8274 Maine Municipal Association (www.memun.org) 60 Community Drive Augusta, ME 04330 Phone: 207-623-8428 Job Bank and Classifieds Information/Rates: www2.memun.org/public/wantads/itemlist.cfm Submissions: ResourceCenter@memun.org Maryland Municipal League (www.mdmunicipal.org) 1212 West Street Annapolis, MD 21401 Phone: 410-268-5514 or 1-800-492-7121 Classifieds Submissions: stevel@mdmunicipal.org Massachusetts Municipal Association (www.mma.org) One Winthrop Square Boston, Massachusetts 02110 Phone: 617-426-7272 The Beacon (and online) Information/Rates: www.mma.org/ad-rates-and-details Submissions: www.mma.org/ad-submission-form Michigan Municipal League (www.mml.org) 1675 Green Road Ann Arbor, MI 48105 Phone: 734-662-3246 or l-800-653-2483 Classifieds Information/Rates: www.mml.org/classifieds/guidelines.html Submissions: www.mml.org/classifieds/classifiedsform.php League of Minnesota Cities (www.lmc.org) 145 University Avenue West St. Paul, MN 55103 Phone: 651-281-1200 or 1-800-925-1122 City Job Opportunities Information/Rates: www.lmc.org/page/1/posting-city-jobs.jsp Submissions: HR-CityAds@lmc.org Mississippi Municipal League (www.mmlonline.com) 600 East Amite Street, Suite 104 Jackson, MS 39201 Phone: 601-353-5854 Classifieds www.mmlonline.com/classifieds.aspx Contact MML Staff – Staff Directory: www.mmlonline.com/contact.aspx Missouri Municipal League (www.mocities.com) 1727 Southridge Drive Jefferson City, MO 65109 Phone: 573-635-9134 Career Center Information/Rates: www.mocities.com/networking Submissions: tshaw@mocities.com 30 RecRuitment Guidelines foR selectinG a local GoveRnment administRatoR Montana League of Cities and Towns (www.mlct.org) 208 North Montana Avenue, Suite 106 Helena, MT 59601 Phone: 406-442-8768 Job Openings Submissions: Contact Office Manager Staff Directory: www.mlct.org/about-mlct/staff.html League of Nebraska Municipalities (www.lonm.org) 1335 L Street, #A Lincoln, NE 68508-2596 Phone: 402-476-2829 Job Postings Information/Rates/Submissions: www.lonm.org/careers.html Nevada League of Cities and Municipalities (www.nvleague.org/admin/about.htm) 310 South Curry Street Carson City, NV 89703 Phone: 775-882-2121 New Hampshire Local Government Center (www.nhlgc.org) 25 Triangle Park Drive Concord, NH 03301 Phone: 603-224-7447 Classifieds Information/Rates/Submissions: www.nhlgc.org/classifieds/submitad.asp New Jersey State League of Municipalities (www.njslom.org) 222 West State Street Trenton, NJ 08608 Phone: 609-695-3481 Classifieds Information/Rates/Submissions: www.njslom.org/classifieds_jobs.html New Mexico Municipal League (www.nmml.org) 1229 Paseo de Peralta Santa Fe, NM 87501 Phone: 1-800-432-2036 Classifieds Information/Submissions: www.nmml.org/blog/category/classifieds/ positions-available New York State Conference of Mayors and Municipal Officials (www.nycom.org) 119 Washington Avenue Albany, NY 12210 Phone: 518-463-1185 Help Wanted Classifieds Information/Submissions: www.nycom.org/mn_class/helpwanted.asp# North Carolina League of Municipalities (www.nclm.org) 215 North Dawson Street Raleigh, NC 27603 Phone: 919-715-4000 Southern City, League Letter, and/or online: Information: www.nclm.org/resource-center/Pages/jobs.aspx Rates/Submissions: www.nclm.org/programs-services/publications/ Pages/southern-city.aspx North Dakota League of Cities (www.ndlc.org) 410 East Front Avenue Bismarck, ND 58504 Phone: 701-223-3518 Municipal Ads – Job Opportunities www.ndlc.org/index.asp?Type=B_ BASIC&SEC={D835005A-831C-4BB1-BF46- 7D93A07A0083} Contact NDLC Staff – Staff Directory: www.ndlc.org/index.asp?Type=B_ BASIC&SEC={846F9FCA-A6EE-4082-B241- 8DA3E991D99A} Ohio Municipal League (www.omlohio.org) 175 South Third Street, Suite 510 Columbus, OH 43215 Phone: 614-221-4349 Classified Advertisements Information/Rates/Submissions: www.omlohio.org/Classifieds.htm Oklahoma Municipal League (www.oml.org) 201 Northeast 23rd Street Oklahoma City, OK 73105 Phone: 405-528-7515 Job Listings Information/Rates/Submissions: www.okml.webs.com/joblistings.htm RecRuitment Guidelines foR selectinG a local GoveRnment administRatoR 31 League of Oregon Cities (www.orcities.org) 1201 Court Street NE, Suite 200 Salem, OR 97301 Phone: 503-588-6550 Personnel Recruitment – Jobs Information/Rates/Submissions: www.orcities.org/JobsInterims/Jobs/tabid/816/ language/en-US/Default.aspx Available Interim Candidates: www.orcities.org/JobsInterims/Interims/tabid/ 5849/language/en-US/Default.aspx Pennsylvania League of Cities & Municipalities (www.plcm.org) 414 North Second Street Harrisburg, PA 17101 Phone: 717-236-9469 Municipal Job Junction Information/Rates/Submissions: www.plcm.org/index.asp?Type=B_BASIC&SEC= {24C2F4FE-80F6-4E58-BA9F-53345F31E1D7}&DE Rhode Islad League of Cities and Towns (www.rileague.org) One State Street, Suite 502 Providence, RI 02908 Phone: 401-272-3434 Available Positions Information/Submissions: www.rileague.org/site/classifieds/available.html Municipal Association of South Carolina (www.masc.sc) 1411 Gervais Street Columbia, SC 29211 Phone: 803-799-9574 Job Openings: Information/Submissions: www.masc.sc/municipalities/Pages/ Postinganadvertisement.aspx South Dakota Municipal League (www.sdmunicipalleague.org) 208 Island Drive Fort Pierre, SD 57532 Phone: 605-224-8654 Classifieds Information/Rates/Submissions: www.sdmunicipalleague.org/index.asp?Type= B_JOB&SEC=%7B9C4C9345-D0E6-470D-A708- 181FD9B26F51%7D Tennessee Municipal League (www.tml1.org) 226 Capitol Boulevard, Suite 710 Nashville, TN 37219 Phone: 615-255-6416 Classifieds Contact Administrative Assistant – Staff Directory: www.tml1.org/staff.php?ln_ses=1%7C4 Texas Municipal League (www.tml.org) 1821 Rutherford Lane, Suite 400 Austin, TX 78754 Phone: 512-231-7400 Career Center Information/Submission: www.tml.org/careercenter.asp Utah League of Cities and Towns (www.ulct.org) 50 South 600 East, Suite 150 Salt Lake City, UT 84102 Phone: 801-328-1601 or 1-800-852-8528 Job Bank Submissions: www.ulct.org/jobbank/index.html Vermont League of Cities & Towns (www.vlct.org) 89 Main Street, Suite 4 Montpelier, VT 05602 Phone: 802-229-9111 Classifieds Information/Rates/Submissions: www.vlct.org/marketplace/classifiedads Virginia Municipal League (www.vml.org) 13 East Franklin Street Richmond, VA 23219 Phone: 804-649-8471 Marketplace – Jobs in Local Government Information/Rates/Submissions: www.vml.org/JOBS/Jobs.html Association of Washington Cities (www.awcnet.org) 1076 Franklin Street SE Olympia, WA 98501 Phone: 360-753-4137 JobNet Information/Submissions: www.awcnet.org/Jobnet/ForEmployers.aspx 32 RecRuitment Guidelines foR selectinG a local GoveRnment administRatoR West Virginia Municipal League (www.wvml.org) 2020 Kanawha Boulevard Charleston, WV 25311 Phone: 304-342-5564 or 1-800-344-7702 Classifieds Information/Submissions: wvml@wvml.org League of Wisconsin Municipalities (www.lwm-info.org) 122 West Washington Avenue, Suite 300 Madison, WI 53703 Phone: 608-267-2380 Classifieds Information/Rates/Submissions: www.lwm-info.org/index.asp?Type=B_ JOB&SEC=%7B428BF440-C1B3-494D- 8B98-837FE87BCFCA%7D Wyoming Association of Municipalities (www.wyomuni.org) 315 West 27th Street Cheyenne, WY 82001 Phone: 307-632-0398 Classifieds Information: www.wyomuni.org/index.asp?Type=B_ JOB&SEC={AE206698-9002-49A0-983C-9CFCD28D226} Submissions: wam@wyomuni.org RecRuitment Guidelines foR selectinG a local GoveRnment administRatoR 33 Appendix D: Potential Interview Questions3 It is suggested that each member of the governing body ask the same question(s) of each candidate. Candidate Thoughts on Role of Administrator 1. In your opinion, what role should the administra- tor have in the community? 2. Do you believe the administrator should be an active member of a service or fraternal organiza- tion? If yes, why? 3. How do you deal with the news media? 4. How do you deal with special-interest or single- interest groups? 5. What is the best way for an administrator to deal with an angry constituent? Personnel Experience 1. How and when do you delegate responsibility and authority? 2. Have you ever been at the bargaining table and been actively engaged in negotiating an agreement? 3. Have you taken part in mediation, fact finding, or arbitration? Which ones? Please explain your experience in such process(es) including your role/ level of involvement and your thoughts regarding the outcomes of these experiences. 4. Have you ever had to discipline, demote, or fire an employee? Please elaborate. 5. How do you educate, encourage, and motivate your staff? 6. Are you familiar with state and federal laws relat- ing to nondiscrimination, sexual harassment, employees with disabilities, and equal opportunity? 7. Have charges of violation of state or federal employment laws or a grievance ever been filed against you or your city? Please explain. 8. What experience have you had in the preparation and implementation of personnel rules, regula- tions, procedures, and compensation plans? Please describe. Candidate Traits/Experience/ Qualifications 1. Provide a brief summary of your education and work experience. 2. Please briefly describe your experience with a. Land use planning b. Economic development/redevelopment c. Tax increment financing d. Business attraction and retention programs e. Beautification programs f. Business assistance programs—e.g., façade improvement, code compliance g. Annexation h. Subdivision policies and regulations, particu- larly as they relate to storm-water management i. Zoning j. Building code administration k. Municipal facilities expansion—in particular, water and wastewater utility expansions 3. How would you describe your leadership and man- agement styles? Interaction with Governing Body 1. What do you perceive to be the chief administra- tor’s role in working with the governing body, local government attorney, and clerk? 2. What are your expectations of the governing body in relation to a. Yourself b. Other staff 3. How and when do you communicate with the governing body? 3 Adapted from the Illinois City/County Management Association’s A Guide to the Recruitment and Selection of a Chief Administrative Officer. 34 RecRuitment Guidelines foR selectinG a local GoveRnment administRatoR 9. What is your experience with employee benefits administration, group health insurance, and risk management? 10. What in your opinion is the most serious issue today in local government personnel management? 11. How and when should private sector resources (e.g., contractors) be used to provide village services? Financial Management Experience 1. Is there a difference between a financial plan and a budget? If so, please explain how they differ. 2. Are/were you the designated budget officer for your local government? Did you prepare and pres- ent the budget to the council, and upon adoption, were you responsible for implementation? Please explain the outcomes of various budget processes and any challenges you encountered through bud- get development through council adoption. 3. What is your experience with debt financing? Please give an example. 4. Have you secured and administered any type of loans or grants? Please give an example. 5. Describe the most successful capital improvement project you were responsible for and what made it successful? 6. Have you reviewed our annual budget and/or annual report? If yes, what is your impression of our financial condition? 7. What is your opinion of “pay as you go” financ- ing of maintenance and capital projects? Special assessments? Special taxing districts? 8. What type of financial reports do you provide the elected body and with what frequency? 9. Have you read our comprehensive or general plan? What are your impressions or thoughts? Intergovernmental Relations Experience 1. What experience have you had in dealing with a. Councils of government/intergovernmental agencies? b. County government? c. Other local governments (schools, parks, etc.)? d. State agencies? e. Federal agencies? f. State legislature? g. Congress? 2. Do you feel comfortable “lobbying”? External Organizational and Professional Association Relations 1. Have you been an active participant in the activi- ties of a statewide municipal league, statewide city or county management association, the Inter- national City/County Management Association (ICMA) or other professional organizations devoted to local government? Please give examples of your activities. 2. Are you an ICMA Credentialed Manager? If so, how do you fulfill your annual professional develop- ment requirement? RecRuitment Guidelines foR selectinG a local GoveRnment administRatoR 35 Appendix E Relations with Applicants—Do’s and Don’ts Do: ■Keep all candidates informed of their status at all times. ■Identify one point of contact through which every- thing flows, including contacts with candidates, reference checks, etc., in order to ensure that the information, messages, and details are consistent and that the process is fair and equitable. ■Keep all information strictly confidential through- out the entire recruitment and selection process unless state law requires otherwise. ■Create an outreach strategy that will ensure a diverse candidate pool. ■After carefully reviewing all applicant submittals, select a short list of the most promising candidates. ■While maintaining the confidentiality, carefully check educational credentials and references on those candidates judged best qualified. ■Invite those candidates judged best qualified for initial interviews at the local government’s expense. ■Send the candidates under consideration an information packet that may include the outreach brochure and copies of your government’s budget, charter, annual report, and other pertinent docu- ments; or provide the information on where to find this material on the agency’s website. ■Pay expenses of the candidates invited to a sec- ond interview (and of their spouses/partners, if applicable). ■Perform detailed background checks on the final candidate(s). ■Visit, if possible, the local governments in which the most promising candidates work. ■Be prepared to enter into a formal written employ- ment agreement with the successful candidate. ■Promptly notify all other candidates once the selection has been made and the position has been accepted. However, it is best to wait until the selected finalist has accepted the position and the agency and candidate have mutually agreed to the provisions of the employment contract. Don’t: ■Let the selection process last too long. ■Expect to get all the necessary information about the candidates from written material. ■Forget that you are seeking overall management ability, not technical competence in one specialized field. ■Forget to consider candidates who are assistant managers as well as current managers ■Overlook the need for candidates to possess municipal administrative experience and the advantages or value of college or university train- ing, post degree training, and continued profes- sional development. ■Release for publication any names or local govern- ments of candidates unless state law requires it. 36 RecRuitment Guidelines foR selectinG a local GoveRnment administRatoR Appendix F ICMA Model Employment Agreement Introduction This Agreement, made and entered into this [date], by and between the [local government] of [state], [town/ city/county] a municipal corporation, (hereinafter called ”Employer”) and [name], (hereinafter called “Employee”) an individual who has the education, training and experience in local government manage- ment and who, as a member of ICMA, is subject to the ICMA Code of Ethics, both of whom agree as follows: Section 1: Term Recommended A. This agreement shall remain in full force in effect from [date] until terminated by the Employer or Employee as provided in Section 9, 10 or 11 of this agreement. Option 2 The term of this agreement shall be for an initial period of [#] years from [date] to [date]. This Agree- ment shall automatically be renewed on its anniver- sary date for a [#] year term unless notice that the Agreement shall terminate is given at least [#] months (12 months recommended) before the expiration date. In the event the agreement is not renewed, all com- pensation, benefits and requirements of the agreement shall remain in effect until the expiration of the term of the Agreement unless Employee voluntarily resigns. In the event that the Employee is terminated, as defined in Section 9 of this agreement, the Employee shall be entitled to all compensation including salary, accrued vacation and sick leave, car allowance paid in lump sum plus continuation of all benefits for the remainder of the term of this agreement. Section 2: Duties and Authority Employer agrees to employ [name] as [title] to per- form the functions and duties specified in [legal reference] of the [local government] charter and by [legal reference] of the [local government] code and to perform other legally permissible and proper duties and functions. Section 3: Compensation Recommended A. Base Salary: Employer agrees to pay Employee an annual base salary of [$ amount], payable in installments at the same time that the other man- agement employees of the Employer are paid. B. This agreement shall be automatically amended to reflect any salary adjustments that are provided or required by the Employer’s compensation policies. C. Consideration shall be given on an annual basis to increase compensation. Option 1 The Employer agrees to increase the compensation of the Employee dependent upon the results of the perfor- mance evaluation conducted under the provisions of Section 12 of this Agreement. Increased compensation can be in the form of a salary increase and/or a bonus. Option 2 The Employer agrees to increase the compensation by [%] each year. Option 3 The Employer agrees to increase the compensation each year by the minimum of the average across the board increase granted to other employees of the Employer. Option 4 The Employer agrees to increase the compensation of the Employee dependent upon the results of the per- formance evaluation conducted under the provisions of Section 12 of this Agreement in addition to provid- ing a fixed annual increase in the Employee’s salary based on an agreed upon economic indicator, such as the Consumer Price Index. Section 4: Health, Disability and Life Insurance Benefits Recommended A. The Employer agrees to provide and to pay the pre- miums for health, hospitalization, surgical, vision, dental and comprehensive medical insurance for RecRuitment Guidelines foR selectinG a local GoveRnment administRatoR 37 the Employee and his/her dependents equal to that which is provided to all other employees of the [local government] or, in the event no such plan exists, to provide coverage for the Employee and dependents. B. The Employer agrees to put into force and to make required premium payments for short term and long term disability coverage for the Employee. C. The Employee may elect to submit once per cal- endar year to a complete physical examination, including a cardio-vascular examination, by a qualified physician selected by the Employee, the cost of which shall be paid by the Employer. D. The Employer shall pay the amount of premium due for term life insurance in the amount of three (3) times the Employee’s annual base salary, including all increases in the base salary during the life of this agreement. The Employee shall name the beneficiary of the life insurance policy. Option 1 A. The Employer agrees to provide for health, hospi- talization, surgical, vision, dental and comprehen- sive medical insurance for the Employee and his/ her dependents equal to that which is provided to all other employees of the [local government] or, in the event no such plan exists, to provide cover- age for the Employee and dependents. Employer shall pay all premiums for the Employee and the Employee’s dependents. B. The Employer agrees to put into force and to make required premium payments for short term and long term disability coverage for the Employee. C. The Employee may elect to submit once per cal- endar year to a complete physical examination, including a cardio-vascular examination, by a qualified physician selected by the Employee, the cost of which shall be paid by the Employer. D. The Employer shall pay the amount of premium due for term life insurance in the amount of three (3) times the Employee’s annual base salary, including all increases in the base salary during the life of this agreement. The Employee shall name the beneficiary of the life insurance policy. Option 2 1. The Employer shall provide travel insurance for the Employee while the Employee is traveling on the Employer’s business, with the Employee to name beneficiary thereof. Should the Employee die while on travel for the Employer, the Employer shall cover the full cost of retrieving and transporting the Employee’s remains back to the custody of the Employee’s family. Section 5: Vacation, Sick, and Military Leave Recommended A. Upon commencing employment, the Employee shall be credited with sick and vacation leave equal to the highest annual accrual provided to all other employees. The Employee shall then accrue sick and vacation leave on an annual basis at the highest rate provided to any other employees. B. Upon commencing employment, the Employee shall have access to a bank of 180 sick days to be used in the case of serious medical conditions. This leave can only be used to provide coverage during the waiting period between the onset of illness or disability and the point at which short or long term disability coverage takes effect and may be renewed after each occurrence. C. The Employee is entitled to accrue all unused leave, without limit, and in the event the Employ- ee’s employment is terminated, either voluntarily or involuntarily, the Employee shall be compen- sated for all accrued vacation time, all paid holi- days, executive leave, and other benefits to date. D. The Employee shall be entitled to military reserve leave time pursuant to state law and [local govern- ment] policy. Additional Option 1. The Employee shall annually be credited with five (5) days of executive leave. Section 6: Automobile The Employee’s duties require exclusive and unre- stricted use of an automobile to be mutually agreed upon and provided to the Employee at the Employ- er’s cost, subject to approval by Employer which shall not be withheld without good cause. It shall be mutually agreed upon whether the vehicle is pur- chased by the city, provided under lease to the city or to the Employee, or provided through a monthly allowance. Option 1 – Monthly Vehicle Allowance The Employer agrees to pay to the Employee, during the term of this Agreement and in addition to other 38 RecRuitment Guidelines foR selectinG a local GoveRnment administRatoR salary and benefits herein provided, the sum of [dol- lar amount] per year, payable monthly, as a vehicle allowance to be used to purchase, lease, or own, oper- ate and maintain a vehicle. The monthly allowance shall be increased annually by [% or $] amount. The Employee shall be responsible for paying for liability, property damage, and comprehensive insurance cover- age upon such vehicle and shall further be responsible for all expenses attendant to the purchase, operation, maintenance, repair, and regular replacement of said vehicle. The Employer shall reimburse the Employee at the IRS standard mileage rate for any business use of the vehicle beyond the greater [local government] area. For purposes of this Section, use of the car within the greater [local government] area is defined as travel to locations within a _____ mile (recommended fifty (50) mile) radius of [local government office]. Option 2 – Employer Provided Vehicle The Employer shall be responsible for paying for liabil- ity, property damage, and comprehensive insurance, and for the purchase (or lease), operation, mainte- nance, repair, and regular replacement of a full-size automobile. Section 7: Retirement Recommended 1. The Employer agrees to enroll the Employee into the applicable state or local retirement system and to make all the appropriate contributions on the Employee’s behalf, for both the Employer and Employee share required. 2. In addition to the Employer’s payment to the state or local retirement system (as applicable) referenced above, Employer agrees to execute all necessary agreements provided by ICMA Retire- ment Corporation [ICMA-RC] or other Section 457 deferred compensation plan for Employee’s [continued] participation in said supplementary retirement plan and, in addition to the base sal- ary paid by the Employer to Employee, Employer agrees to pay an amount equal to [percentage of Employee’s base salary, fixed dollar amount of [$], or maximum dollar amount permissible under Fed- eral and state law into the designated plan on the Employee’s behalf, in equal proportionate amount each pay period. The parties shall fully disclose to each other the financial impact of any amendment to the terms of Employee’s retirement benefit. In lieu of making a contribution to a Section 457 deferred compensation plan, the dollar value of this contribution may be used, at the Employ- ee’s option, to purchase previous service from another qualified plan. Option 1 Recognizing that effective service with the community is based in part on the stability provided through a long-term relationship, the Employer shall provide a retirement annuity, as directed by the Employee, at a rate of [dollar amount], payable at the completion of each quarter of the fiscal year. This annuity serves as a retirement contribution and does not require further action of the Employer. Option 2 The Employer shall adopt a qualified 401(a) defined contribution plan offered through ICMA Retirement Corporation for the Employee in the form of a money purchase plan to which the Employer shall contribute [%] of salary or [%] of compensation annually. 2A. Option: The Employee shall be required to contribute [%] of base salary or [dollar amount] annu- ally on a pre-tax basis as a condition of participation. Option 3 The Employer shall adopt a qualified 401(a) profit- sharing plan offered through ICMA Retirement Cor- poration for the Employee in the form of a money purchase plan to which the Employer shall contribute [%] of all performance bonuses annually. 3A. Option: The Employee shall be required to contribute [%] of base salary or [dollar amount] annu- ally on a pre-tax basis as a condition of participation. Section 8: General Business Expenses Recommended 1. Employer agrees to budget for and to pay for pro- fessional dues and subscriptions of the Employee necessary for continuation and full participation in national, regional, state, and local associations, and organizations necessary and desirable for the Employee’s continued professional participation, growth, and advancement, and for the good of the Employer. 2. Employer agrees to budget for and to pay for travel and subsistence expenses of Employee for profes- sional and official travel, meetings, and occasions to adequately continue the professional develop- ment of Employee and to pursue necessary official functions for Employer, including but not limited RecRuitment Guidelines foR selectinG a local GoveRnment administRatoR 39 to the ICMA Annual Conference, the state league of municipalities, and such other national, regional, state, and local governmental groups and commit- tees in which Employee serves as a member. 3. Employer also agrees to budget for and to pay for travel and subsistence expenses of Employee for short courses, institutes, and seminars that are necessary for the Employee’s professional develop- ment and for the good of the Employer. 4. Employer recognizes that certain expenses of a non-personal but job related nature are incurred by Employee, and agrees to reimburse or to pay said general expenses. The finance director is autho- rized to disburse such moneys upon receipt of duly executed expense or petty cash vouchers, receipts, statements or personal affidavits. 5. The Employer acknowledges the value of having Employee participate and be directly involved in local civic clubs or organizations. Accordingly, Employer shall pay for the reasonable member- ship fees and/or dues to enable the Employee to become an active member in local civic clubs or organizations. Option 1 Technology: The Employer shall provide Employee with a computer, software, fax/modem, cell phone and pager required for the Employee to perform the job and to maintain communication. Section 9: Termination Recommended For the purpose of this agreement, termination shall occur when: 1. The majority of the governing body votes to ter- minate the Employee at a duly authorized public meeting. 2. If the Employer, citizens or legislature acts to amend any provisions of the [charter, code, enabling legis- lation] pertaining to the role, powers, duties, author- ity, responsibilities of the Employee’s position that substantially changes the form of government, the Employee shall have the right to declare that such amendments constitute termination. 3. If the Employer reduces the base salary, compensa- tion or any other financial benefit of the Employee, unless it is applied in no greater percentage than the average reduction of all department heads, such action shall constitute a breach of this agree- ment and will be regarded as a termination. 4. If the Employee resigns following an offer to accept resignation, whether formal or informal, by the Employer as representative of the majority of the governing body that the Employee resign, then the Employee may declare a termination as of the date of the suggestion. 5. Breach of contract declared by either party with a 30 day cure period for either Employee or Employer. Written notice of a breach of contract shall be pro- vided in accordance with the provisions of Section 20. Option 1 In the event the Employee is terminated by the Employer during the six (6) months immediately fol- lowing the seating and swearing-in of one or more new governing body members, and during such time that Employee is willing and able to perform his duties under this Agreement, then, Employer agrees to pay Severance in accordance with Section 10 plus salary and benefits in accordance with Section 10 for any portion of the six months not worked. Section 10: Severance Severance shall be paid to the Employee when employment is terminated as defined in Section 9. If the Employee is terminated, the Employer shall pro- vide a minimum severance payment equal to one year salary at the current rate of pay. This severance shall be paid in a lump sum unless otherwise agreed to by the Employer and the Employee. The Employee shall also be compensated for all accrued sick leave, vacation time, all paid holidays, and executive leave. The Employer agrees to make a contri- bution to the Employee’s deferred compensation account on the value of this compensation calculated using the rate ordinarily contributed on regular compensation. For a minimum period of one year following termi- nation, the Employer shall pay the cost to continue the following benefits: 1. Health insurance for the employee and all depen- dents as provided in Section 4A 2. Life insurance as provided in Section 4D 3. Short-term and long-term disability as provided in Section 4B 4. Car allowance or payment of lease, or provide option to buy city vehicle at depreciated value 5. Out placement services should the employee desire them in an amount not to exceed [$10,000 to $15,000 recommended], and 6. Any other available benefits. 40 RecRuitment Guidelines foR selectinG a local GoveRnment administRatoR If the Employee is terminated because of a convic- tion of a felony, then the Employer is not obligated to pay severance under this section. Section 11: Resignation In the event that the Employee voluntarily resigns his/ her position with the Employer, the Employee shall provide a minimum of 30 days notice unless the par- ties agree otherwise. Section 12: Performance Evaluation Employer shall annually review the performance of the Employee in [month] subject to a process, form, criteria, and format for the evaluation which shall be mutually agreed upon by the Employer and Employee. The process at a minimum shall include the opportunity for both parties to: (1) prepare a written evaluation, (2) meet and discuss the evalua- tion, and (3) present a written summary of the evalu- ation results. The final written evaluation should be completed and delivered to the Employee within 30 days of the evaluation meeting. Section 13: Hours of Work It is recognized that the Employee must devote a great deal of time outside the normal office hours on busi- ness for the Employer, and to that end Employee shall be allowed to establish an appropriate work schedule. Section 14: Outside Activities The employment provided for by this Agreement shall be the Employee’s sole employment. Recognizing that certain outside consulting or teaching opportuni- ties provide indirect benefits to the Employer and the community, the Employee may elect to accept limited teaching, consulting or other business opportunities with the understanding that such arrangements shall not constitute interference with nor a conflict of interest with his or her responsibilities under this Agreement. Section 15: Moving and Relocation Expenses Recommended Employee agrees to establish residence within the cor- porate boundaries of the local government, if required, within [number] months of employment, and thereafter to maintain residence within the corporate boundaries of the local government. A. Employer shall pay directly for the expenses of moving Employee and his/her family and personal property from [location name] to [location name]. Said moving expenses include packing, moving, storage costs, unpacking, and insurance charges. B. Employer shall reimburse Employee for actual lodging and meal expenses for his/her family in route from [location name] to [location name]. Mileage costs for moving two personal automobiles shall be reimbursed at the current IRS allowable rate of [cents amount] per mile. C. Employer shall pay Employee an interim housing supplement of [dollar amount] per month for a period commencing [date], and shall continue for a maximum of [# ] months, or until a home is pur- chased and closed on, within the corporate limits of the [local government name], whichever event occurs first. D. Employer shall reimburse Employee for a total of [number] round trip air fares for Employee and his/her family [amount of total tickets] at any time during the first year of service to assist with house hunting and other facets of the transition and relo- cation process. The Employee and his/her family may utilize and distribute the total [enter number] individual round trip tickets in any combina- tion of individual members making the trips. The Employee shall be reimbursed for actual lodging and meal expenses incurred by Employee or his/ her family members on any trips conducted prior to relocation, as detailed herein. E. The Employee shall be reimbursed, or Employer may pay directly, for the expenses of packing and moving from temporary housing to permanent housing during the first year of this agreement. F. The Employer shall pay the Employee’s tax liability on all Employer provided benefits for relocation and housing. Option 1 The Employer shall pay a lump sum payment of [$] to the Employee to cover relocation costs. Section 16: Home Sale and Purchase Expenses Recommended A. Employee shall be reimbursed for the direct costs associated with the sale of Employee’s existing personal residence, said reimbursement being lim- ited to real estate agents’ fees, and other closing RecRuitment Guidelines foR selectinG a local GoveRnment administRatoR 41 costs that are directly associated with the sale of the house. Said reimbursement should not exceed the sum of [$]. B. Employee shall be reimbursed for the costs inciden- tal to buying or building a primary residence within the [local government], including real estate fees, title insurance, and other costs directly associated with the purchase or construction of the house, said reimbursement not to exceed the sum of [$]. Option 1 Employer shall reimburse Employee for up to three discount points within thirty (30) days following pur- chase of a home within the corporate limits of [local government name], in an effort to minimize mortgage rate differentials. Option 2 Employer shall provide Employee with a _________ [fixed-interest, variable-interest, interest-only] loan to purchase a house. The amount of the loan shall not exceed $________. The loan shall be repaid in full to the Employer upon the occurrence of either of the following events: (i) the home, or the Employee’s interest in the home, is sold, transferred, or conveyed, or (ii) the Employee’s employment with the Employer, for any reason, is terminated. The Employer and Employee shall execute any and all documents neces- sary to document this transaction. In the case where the value of the home decreases, the Employee shall not be required to repay the loan. Option 3 Employer agrees to provide the Employee a loan for the purchase of a home in an amount not to exceed [dollar amount]. Employee shall pay Employer a monthly mortgage payment of [dollar amount] for interest, which is equal to the amount currently being paid in principle and interest for the current residence. Employee shall accrue equity at a rate of [% ] per month. Upon termination of employment with the Employer, Employee shall have a maximum of six months to sell the home while continuing to reside in it under the terms and conditions here. Should the home sell during the time period, Employer shall receive 100% of the proceeds minus the percentage of equity accrued by Employee as described above, and minus the amount of equity originally invested by Employee. Said accrued equity and original equity shall both be payable to Employee upon closing. Said original equity invested shall be calculated as an amount equal to the percentage of original purchase price, represented by the original equity investment by Employee, and adjusted to be the same percent- age of equity in the current sale price of the home. All closing costs borne by the seller shall be split between Employer and Employee in a proportion equal to the equity share described above. Should the house fail to sell within the allotted six month time period, Employer has the option of following the previous arrangement to continue in place or to purchase equity, calculated as provided above, plus the original cost of all improvements made to the property. Section 17: Indemnification Beyond that required under Federal, State or Local Law, Employer shall defend, save harmless and indemnify Employee against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Employee’s duties as [job title] or resulting from the exercise of judgment or discretion in connection with the perfor- mance of program duties or responsibilities, unless the act or omission involved willful or wanton conduct. The Employee may request and the Employer shall not unreasonably refuse to provide independent legal rep- resentation at Employer’s expense and Employer may not unreasonably withhold approval. Legal representa- tion, provided by Employer for Employee, shall extend until a final determination of the legal action including any appeals brought by either party. The Employer shall indemnify employee against any and all losses, damages, judgments, interest, settlements, fines, court costs and other reasonable costs and expenses of legal proceedings including attorneys fees, and any other liabilities incurred by, imposed upon, or suffered by such Employee in connection with or resulting from any claim, action, suit, or proceeding, actual or threat- ened, arising out of or in connection with the perfor- mance of his or her duties. Any settlement of any claim must be made with prior approval of the Employer in order for indemnification, as provided in this Section, to be available. Employee recognizes that Employer shall have the right to compromise and unless the Employee is a party to the suit which Employee shall have a veto authority over the settlement, settle any claim or suit; unless, said compromise or settlement is of a per- sonal nature to Employee. Further, Employer agrees to pay all reasonable litigation expenses of Employee throughout the pendency of any litigation to which 42 RecRuitment Guidelines foR selectinG a local GoveRnment administRatoR the Employee is a party, witness or advisor to the Employer. Such expense payments shall continue beyond Employee’s service to the Employer as long as litigation is pending. Further, Employer agrees to pay Employee reasonable consulting fees and travel expenses when Employee serves as a witness, advisor or consultant to Employer regarding pending litigation. Section 18: Bonding Employer shall bear the full cost of any fidelity or other bonds required of the Employee under any law or ordinance. Section 19: Other Terms and Conditions of Employment The Employer, only upon agreement with Employee, shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of the Employee, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the [local government] Charter or any other law. A. Except as otherwise provided in this Agreement, the Employee shall be entitled to the highest level of benefits that are enjoyed by other [appointed officials, appointed employees, department heads or general employees] of the Employer as provided in the Charter, Code, Personnel Rules and Regulations or by practice. Section 20: Notices Notice pursuant to this Agreement shall be given by depositing in the custody of the United States Postal Service, postage prepaid, addressed as follows: (1) EMPLOYER: [Title and address of relevant official (mayor, clerk, etc.)] (2) EMPLOYEE: [Name and address for tax purposes of Employee] Alternatively, notice required pursuant to this Agreement may be personally served in the same man- ner as is applicable to civil judicial practice. Notice shall be deemed given as of the date of personal ser- vice or as the date of deposit of such written notice in the course of transmission in the United States Postal Service. Section 21: General Provisions A. Integration. This Agreement sets forth and estab- lishes the entire understanding between the Employer and the Employee relating to the employ- ment of the Employee by the Employer. Any prior discussions or representations by or between the parties are merged into and rendered null and void by this Agreement. The parties by mutual writ- ten agreement may amend any provision of this agreement during the life of the agreement. Such amendments shall be incorporated and made a part of this agreement. B. Binding Effect. This Agreement shall be binding on the Employer and the Employee as well as their heirs, assigns, executors, personal representatives and successors in interest. C. Effective Date. This Agreement shall become effec- tive on ______, ____. D. Severability. The invalidity or partial invalidity of any portion of this Agreement will not effect the validity of any other provision. In the event that any provision of this Agreement is held to be invalid, the remaining provisions shall be deemed to be in full force and effect as if they have been executed by both parties subsequent to the expungement or judicial modification of the invalid provision. RecRuitment Guidelines foR selectinG a local GoveRnment administRatoR 43 Index Advertising campaigns function of, 8 professional organizations that post vacancies for, 27–32 Alabama League of Municipalities, 27 Alaska Municipal League, 27 American Society for Public Administration (ASPA), 27 Applicants diverse, 9 external, 9 internal, 9 relations, 10–11, 35 status notification for, 11, 35 Application forms, 10 Arkansas Municipal League, 28 Association of Idaho Cities, 28 Association of Washington Cities, 31 Background checks, 13 Candidates background checks for, 13 guidelines to inform, 13–14 interview guidelines for, 14–15 potential interview questions for, 33–34 selection of, 13 Chief administrators. See also Selection community engagement in profile of, 6 compensation of, 7, 17–18, 25–26 management of organization during recruitment of, 2 performance evaluation for, 19 profile development for, 6, 7 reasons for vacancies of, 3 recruitment assistance from retiring, 7 responsibilities of, 1, 20 transition process for, 19 Code of Ethics (International City/County Manage- ment Association), 1, 21–24 Colorado Municipal League, 28 Community involvement in chief administrator profile, 6 in interviewing process, 15 – 16 Commuting expenses, 18 Compensation Guidelines (International City/County Management Association), 17, 25–26 Compensation package changes in, 26 elements of, 7, 17–18 guidelines for, 25–26 negotiation of, 17 – 18, 25 Confidentiality, 11, 12 Connecticut Conference of Municipalities, 28 Council-manager government, 3 Delaware League of Local Governments, 28 Diverse applicants, 9 Elections, vacancy occurring prior to, 3 Employment agreements, 18, 26, 36 – 42 Florida League of Cities, 28 Geographic considerations, 8 Georgia Municipal Association, 28 Housing, 18 Hybrid recruitment method, 4, 5 ICMA Range Riders, 2, 5, 9 Illinois Municipal League, 28 Indiana Association of Cities and Towns, 28 In-house expertise recruitment method, 4 Initial interviews, 14 Interim administrators, 2 Interim management, 2 International City/County Management Association (ICMA) Code of Ethics, 1, 21–24 Compensation Guidelines, 7, 17, 25–26 Model Employment Agreement, 18, 36 – 42 position vacancy postings through, 27 Range Rider, 2, 5, 9 salary information, source of, 17 Voluntary Credentialing Program, 6 International Hispanic Network (IHN), 27 Interviews initial, 14 questions for, 14–15, 33–34 44 RecRuitment Guidelines foR selectinG a local GoveRnment administRatoR second, 15 selecting candidates for, 13 structure of, 14 Iowa League of Cities, 29 Kentucky League of Cities, 29 League of Arizona Cities and Towns, 28 League of California Cities, 28 League of Kansas Municipalities, 29 League of Minnesota Cities, 29 League of Nebraska Municipalities, 30 League of Oregon Cities, 31 League of Wisconsin Municipalities, 32 Local government, 7, 10 Local government managers, 1 Local government work session, 19 Louisiana Municipal Association, 29 Maine Municipal Association, 29 Management, during recruitment, 2 Maryland Municipal League, 29 Massachusetts Municipal Association, 29 Media, role of, 12 Michigan Municipal League, 29 Mississippi Municipal League, 29 Missouri Municipal League, 29 Montana League of Cities and Towns, 30 Municipal Association of South Carolina, 31 National Association of Counties (NACo), 17, 27 National Association of County Administrators (NACA), 27 National Forum for Black Public Administrators (NFBPA), 27 National League of Cities (NLC), 27 Negotiation process, 17–18 Nevada League of Cities and Municipalities, 30 New Hampshire Local Government Center, 30 New Jersey State League of Municipalities, 30 New Mexico Municipal League, 30 New York State Conference of Mayors and Municipal Officials, 30 North Carolina League of Municipalities, 30 North Dakota League of Cities, 30 Ohio Municipal League, 30 Oklahoma Municipal League, 30 Orientation meetings, 19 Outreach strategies, 8–9 Outside expertise recruitment method, 4 Pennsylvania League of Cities & Municipalities, 31 Performance evaluation, 19 Professional organizations, 27–32 Questions, interview, 14, 33–34 Recruitment advertising as element of, 8 development of administrator profile, 6, 7 geographic scope as issue for, 8 hybrid method for, 5 in-house expertise method for, 4 initiation of, 3 management of organization during, 2 outreach strategies for, 8–9 outside expertise method for, 4 schedule for, 7 Recruitment process confidentiality in, 11 elements of, 10–11 role of media in, 12 Reference checks, 15 Relocation expenses, 18 Resignation, 3, 7 Résumés acknowledgement of, 11 confidentiality of, 12 review of, 13 Rhode Island League of Cities and Towns, 31 Salary, 17 Schedule, recruitment, 7 Second interviews, 15 Selection announcement of decision in, 19 application review as step in, 13 candidates to be interviewed as step in, 13 community involvement in, 15–16 decision process for, 16 interviews for, 14–15, 33–34 inviting candidate’s spouse/partner as step in, 15 reference checks as step in, 15 staff involvement in, 16 Severance provisions, 26 Souses/partners, candidate, 15 South Dakota Municipal League, 31 Staff members, involvement in candidate selection, 16 State municipal leagues, 27–32 Status notification, 11, 35 Temporary housing, 18 RecRuitment Guidelines foR selectinG a local GoveRnment administRatoR 45 Tennessee Municipal League, 31 Termination, 3, 7 Texas Municipal League, 31 Transparency, 26 Utah League of Cities and Towns, 31 Vacancies professional organizations that post position, 27–32 reasons for, 3, 7 Vermont League of Cities & Towns, 31 Virginia Municipal League, 31 Voluntary Credentialing Program (International City/ County Management Association), 6 West Virginia Municipal League, 32 Work sessions, initial for expectations, goals, and objectives, 19 Wyoming Association of Municipalities, 32 |1 CITY MANAGER RECRUITMENT City Council Presentation Recruitment Options •Recruiting Options –Retain professional recruitment service –Conduct the recruitment in-house –Hybrid approach –In-house and outside service Professional Recruitment Process to select an outside firm is approximately 3 months Average cost is $30,000 -$75,000 RFP required •30 Day RFP advertisement •14 Day RFP review period •Presentations within 14 days of reviewing the RFPs •Award recommendation within 7 days of presentations •Council Authorization within 30 days of award recommendation In-House or Hybrid Recruitment •In-House –Advertisement of position 2 -3 months –Cost would vary due to publication requirements –Time-consuming –Requires assistance of other departments and staff through the entire process •Hybrid –Includes the above process as well as the professional recruitment. –Exact responsibilities of each party would need to be clarified in a written agreement. Recruitment Timeline •Overall recruitment process could span 3-6 months –Advertisement process could be 30-60 days –Review of candidates, interviews, background checks, and selection additional 30-60 days –New administrator starts in 30-60 days Other Considerations Search for Candidate Regional State Nationwide Review of applications Council to review all candidates? Recruiter provides narrowed list? Top 5-10 Type of Interview Process Council meets with candidates as a whole or individually Community Involvement? Other Considerations continued •Salary Range –$153,753 -$246,000 •Interim Administrator –Current City Manager provides transition –Appoint Assistant City Manager or Department Head –Retain retired administrator Summary of Process RFP Process –3 months Fees will be determined by chosen selection process Selection of candidate – additional 3-6 months |9 CITY MANAGER RECRUITMENT City Council Presentation Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8381 Agenda Date: 11/2/2020 Status: Agenda ReadyVersion: 1 File Type: Council Discussion Item In Control: Council Work Session Agenda Number: 15.3 SUBJECT/RECOMMENDATION: Provide guidance to Sean Schrader in his role as the Clearwater at-large representative on the Pinellas County Noise Abatement Task Force. SUMMARY: At the October 1 council meeting, Council recommended Sean Schrader to serve on the Noise Abatement Task Force Committee. Staff was directed to schedule a discussion after the Pinellas County Board of Commissioners confirmed the appointment. Sean Schrader has been appointed to the Pinellas County Noise Abatement Task Force as the Clearwater at-large representative. Page 1 City of Clearwater Printed on 10/28/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8429 Agenda Date: 11/2/2020 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Work Session Agenda Number: 19.1 SUBJECT/RECOMMENDATION: American Red Cross Presentation - Eric Corliss, Regional CEO of the Central Florida & US Virgin Islands Region SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 10/28/2020 Delivering our Mission During the Coronavirus Outbreak 2 | Holiday Partnership Opportunity 3| American Red CrossWe Impact Lives Every Day 621,000times a day, a child receives a measles or rubella vaccinationfrom the Red Cross and our partners. 13,000times a day, a person receives lifesaving Red Cross training.13,000 times a day, the Red Cross must collect blooddonations to help patients in need.1,300times a day, we provide services to military members, veterans and their families.30,000people are assisted by the American Red Cross daily.170times a day, Red Cross workers help a family affected by a disaster. 4| American Red Cross•Disaster Action Teams Respond 24/7•Providing assistance — financial aid, emotional support, health services and more—virtually •Following social distancing guidelines and enhanced cleaning and safety measures, including wearing PPE•Coordinating with local fire departments to continue a high level of support to home fire-affected families, particularly with remote resources•January 1 through August 31, 2020•177 home fires•303 families assistedDisaster Services 5| American Red CrossHome Fire Response 6| American Red CrossPreparednessHome Fire Campaign•21,679 alarms installed•8,891 homes made safer•115 deaf and hard of hearing alarms installed•January & February 2020•1,192 alarms installed•529 homes made saferYouth Preparedness•5,234 youth trained•January & February 2020•195 youth trained 7| American Red CrossPillowcase Project Home Fire Campaign 8| American Red CrossBlood Services•The need for blood is constant; volunteer donors are the only source of blood•All donated blood, plasma and platelets will be tested for COVID-19 antibodies.•Red Cross has limited blood collections in Florida•Strategic Partnership with OneBlood•Donate to your local blood bank in Florida.Safely collecting blood 9| American Red Cross•Ongoing 24/7 emergency communications at higher volume through our Hero Care Center•Online workshops to help with stress management•Served 974 familiesService to the Armed ForcesStanding with service members, veterans and their families 10 | American Red Cross•Financial contribution to international Red Cross efforts helping mitigate the spread of the virus through community-based health and hygiene promotion, access to basic services and fighting stigma•Deployed specialists in mental health, communications and data managementInternational ServicesProviding funding and expertise 11 | American Red Cross•Quickly developing new and timely online-only classes, including Psychological First Aid during COVID-19•Continuing to offer essential classes, with safety protocols to include social distancing, no physical contact•Offering 120-day extensions for professional responders, with provisional certifications available in the meantimeTraining ServicesAdjusting our trainings 12 | American Red CrossWhat is Happening Now 13 | American Red Cross 14 | American Red CrossWest Coast Wildfires 15 | American Red CrossJoin Us!For more information, visit redcross.org•Preparefor common emergencies.•Use Ready Rating to prepare your business and organizations.•Volunteerwith many positions now done remotely. •Donateto the and support the missionStay safe and well, and give back during this uncertain time Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8187 Agenda Date: 11/2/2020 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Work Session Agenda Number: 19.2 SUBJECT/RECOMMENDATION: State of the City Presentation - Bill Horne, City Manager SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 10/28/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8339 Agenda Date: 11/2/2020 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Work Session Agenda Number: 19.3 SUBJECT/RECOMMENDATION: Cable Transit Concept and Project - Whit Blanton, Forward Pinellas SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 10/28/2020 — TBARTA —
 Cable Car Presentation, August 21, 2020 TBARTA — August 21, 2020 Roosevelt Island Tram, LA Dodgers Gondola, Portland Aerial Tram TBARTA — August 21, 2020 Oakland Athletics Gondola TBARTA — August 21, 2020 Steamboat Springs Gondola, Salesforce Tower Aerial Tram !5 SCJ Alliance prides itself on the number of projects it has ushered into development from original idea all the way through to completion The only fully independent cable car consultancy on earth that can usher a project all the way from concept through to realization. Engaged on dozens of projects at any given time and at various stages of analysis and study. TBARTA — August 21, 2020 Select Clients TBARTA — August 21, 2020 AROUND THE WORLD — URBAN •La Paz, Bolivia — Largest Aerial Rapid Transit system in the world moves up to half a million people per day across its 20 mile network •Medellin, Colombia — Opens first contemporary Aerial Rapid Transit line in 2004 and inaugurates another six in the dozen years that follow •New York City — Opened in the 1970’s the Roosevelt Island Tram as a temporary solution, the system has been rebuilt and has been serving millions of New York commuters over the last generation-and-a-half* •Mexico City — Implemented first public transit gondola in 2019 and is constructing two more systems with several more planned •Grenoble, France — Recently broke ground on what will be France’s first true Aerial Rapid Transit system •USA — Several major metropolitan regions across North America are looking to Aerial Cable Transit Systems as complement existing public transportation systems* * Works provided by SCJ Alliance TBARTA — August 21, 2020 AROUND THE WORLD — IN PLANNING •Burnaby, British Columbia — A cable car linking the Skytrain to Simon Fraser University. SCJ Alliance is currently leading efforts with Translink to determine the preferred alignment* •Los Angeles, California — On two separate projects, SCJ Alliance is working with LA County Metro to expand transit offerings in Los Angeles County using cable-propelled transit technology* •Dover, United Kingdom — SCJ Alliance is retained by Dover District Council and is leading planning efforts to connect the historic Dover Castle with the port and downtown Dover* * Works provided by SCJ Alliance TBARTA — August 21, 2020 AROUND THE WORLD — RECREATIONAL •Disney World, Florida — Last year the famous resort opened a multi-segment, multi-station system connecting a wide variety of hotels and points of interest throughout the park •Idaho Springs, Colorado — A gondola connecting local natural areas with the frontier mining town of Idaho Springs and the Argo Mine — a site on the National Heritage Register* •Juneau, Alaska — A steep aerial tram system connecting the port of Juneau, Alaska with the top of the environmentally- sensitive Mount Roberts* * Works provided by SCJ Alliance TBARTA — August 21, 2020 TECHNOLOGY OVERVIEW •Robust — Ability to move between 3,000 - 6,000 people per hour in each direction •Developed — Existing technology and industry is well-known and established; not a new technology •Affordable — Cost-effective compared to other fixed link transit options •Clean — Electrically-powered low energy consumption per person with zero point-source carbon emissions •Safe — Research shows this form of transit technology to be the safest and secure for passengers •Accessible — Vehicles 100% accessible to all users including strollers, bikes, wheelchairs and support animals. TBARTA — August 21, 2020 HOW IT WORKS •Frequent — Small cabins continuously circulate throughout the system at intervals of less than half-a-minute •Detachable — Vehicles detach from the moving cable in stations to allow passengers to board and alight •Cornering — In all but the rarest of situations all cornering occurs within the stations •Attendants — Stations instead of vehicles are staffed by platform attendants to maintain security and assist mobility-challenged riders with boarding and alighting •Sanitized — Cabins are continually cleaned and sanitized •Active— Systems can be configured to allow for bicycle access to enable further multi- modal transportation TBARTA — August 21, 2020 ADDITIONAL POINTS TO CONSIDER •Predictably Short Wait Times — Short, reliable wait times between vehicles of less than half-a-minute •Quick to Install — Manufacturing techniques can allow a system to be built in 1-2 years •Quiet — Noise generated in urban environments are inaudible •Socially Distant — Small cabins can be sanitized between use; short wait times mean less people queuing in crowded platforms •Resilient — Impacted little by natural disasters like hurricanes and floods •Hybrid Economic Model — Locals typically subsidized by tourists •System Length — Study claims that gondolas are only capable of system lengths of 3.0 miles is incorrect TBARTA — August 21, 2020 LA PAZ, BOLIVIA 39 Stations Over 20 miles of cable cars (20 miles > 3 miles) All built in 6 years — more being added every year Moves up to half a million passengers per day TBARTA — August 21, 2020 LA PAZ, BOLIVIA As the crow flies, Mi Teleferico covers ~12 miles from its two extremities. TBARTA — August 21, 2020 6 Mile Radius Take 12 miles and divide by two to get a radius of 6 miles. Tampa Convention Center TBARTA — August 21, 2020 6 Mile Radius Take 12 miles and divide by two to get a radius of 6 miles. PIE TBARTA — August 21, 2020 6 Mile Radius Take 12 miles and divide by two to get a radius of 6 miles. St. Pete Pier TBARTA — August 21, 2020 6 Mile Radius Take 12 miles and divide by two to get a radius of 6 miles. Manatee County Courthouse TBARTA — August 21, 2020 12 Mile Distance Using the 12 mile benchmark from La Paz Gateway Carillon to Clearwater Beach TBARTA — August 21, 2020 PHU QUOC CABLE CAR, VIETNAM •Travels 5 miles •Only two stations •Longest single-section cable car for the purpose of moving people on earth •If desired, there would be no technical reason one couldn’t extend the system further simply by adding more stations/ sections •3 mile upper limit stated by study is incorrect. Total system length has no real upper limit but should be analyzed according to whether or not a certain length is appropriate for the given goals of the project TBARTA — August 21, 2020 CABLE CAR ECONOMICS — HYBRID MODEL •Aerial cable transit systems have a per passenger capital cost that is a fraction of heavy or light rail systems with a comparable carrying capacity to light rail •Aerial cable transit systems have generally modest operations and maintenance costs of a few million dollars per station •Local commuter fares are typically subsidized by tourists who are willing to pay a premium to ride the system •Ancillary revenue streams such as naming rights help offset annual operations and maintenance costs TBARTA — August 21, 2020 THE CABLE CAR SPECTRUM OF RIDERSHIP Cable cars are unique in the world of transportation as the views inherent to the technology can be monetized in ways standard transit modes can’t. Systems subsidize the community’s transit goals through fares paid for by tourists at rates comparable to other recreational attractions. The vast majority of “point-of-interest” cable cars around the world are financed by the private sector and are financially self-sustaining. TBARTA — August 21, 2020 TAMPA BAY CABLE TRANSIT •Conceptual Analysis launched by Echelon Development •Done in partnership with Doppelmayr (world’s largest manufacturer) •Six cable transit lines explored and analyzed •Explored improving connections between and around Tampa and St. Pete •Estimated to be 1/3 - 2/3 the cost of a comparable light rail system TBARTA — August 21, 2020 PROBLEM —  CLEARWATER BEACH Through consultations with City staff, the team learned of severe transportation challenges on the Causeway connecting downtown Clearwater to Clearwater Beach TBARTA — August 21, 2020 PROBLEM —  CLEARWATER BEACH Through consultations with City staff, the team learned of severe transportation challenges on the Causeway connecting downtown Clearwater to Clearwater Beach TBARTA — August 21, 2020 JOLLY TROLLEY Poor level of service Susceptible to traffic jams 30 minute headways TBARTA — August 21, 2020 PARKING —  BEACH Most valuable real estate in Clearwater given over to parking Not enough parking to meet demand Vehicles need to constantly circle to get parking TBARTA — August 21, 2020 PARKING — COACHMAN PARK Massive volume of under-utilized parking spaces Proximity to downtown Clearwater Access to many different downtown attractions TBARTA — August 21, 2020 PROJECT IDEA Relocate some % of parking from Beach to Landside Open up development opportunities on the Beach Possible intermediate stop at Aquarium TBARTA — August 21, 2020 REVERSE FLOW Would open up downtown Clearwater attractions to tourists staying on the Beach that would otherwise not frequent downtown TBARTA — August 21, 2020 GENERALIZED STATS & BENEFITS •Length: 2.0 miles •Speed: 15 - 20 mph •Frequency: 30-60s •Capacity: 2,500 - 5,000 pphpd •Travel Time 8 - 10 minutes •Cost: ~ $75mm USD (±30%) •Financeable by the private sector •Opens up development opportunities on Beach •Reduces emissions by preventing idling and circling •Makes Clearwater Beach more attractive due to ease of parking and novelty TBARTA — August 21, 2020 THE CHALLENGE •There is no known formal approvals pathway (such as an unsolicited bid mechanism) that would allow a private sector entity to develop this project •Public sector agencies have been reticent on the technology — though the recent study suggests they may be more open to the idea TBARTA — August 21, 2020 HOW TO ADVANCE EXISTING WORK —  1.IDENTIFY 3 POTENTIAL PILOT PROJECTS by winnowing down existing list provided in current study 2.CONDUCT PRELIMINARY ECONOMIC AND TECHNICAL ASSESSMENTS OF EACH with the goal of identifying one “quick win” 3.CONDUCT DETAILED STUDIES of the “quick win” system sufficient so that it can be realized; this would include clarity on approvals pathway and procurement method TBARTA — August 21, 2020 POLICY RECOMMENDATIONS 1.Require TBARTA transit projects to include at minimum a high-level exploration of cable cars in their modal assessments 2.Create an “Unsolicited Bid Mechanism” similar to LA County Metro’s such that the private sector can collaborate with TBARTA. Alternatively, create a simplified approvals pathway to allow private sector projects to advance 3.Use existing study’s findings to tap into federal and state level funding sources that could help advance a pilot project TBARTA — August 21, 2020 Questions?

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Concerns? TBARTA — August 21, 2020 — THANKS! —
 Cable Car Presentation, August 21, 2020