01/19/2021Tuesday, January 19, 2021
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
January 19, 2021Council Work Session Work Session Agenda
1. Call to Order
2. Presentations
January Service Awards2.1
Firefighter/Fire Medic Oaths2.2
3. City Manager
Approve a revocable sub-license agreement between the City of
Clearwater, Clearwater Historical Society, a non-profit corporation, and
Kairoi Performing Arts Cultural Center, Inc. (Kairoi), a non-profit
corporation, for use of the Plumb House and authorize the appropriate
officials to execute same. (consent)
3.1
4. Economic Development and Housing
Disband the Affordable Housing Advisory Committee and adopt
Resolution 21-02.
4.1
Approve a Management Agreement between the City of Clearwater and
The Greater Clearwater Regional Chamber of Commerce dba AMPLIFY
Clearwater to provide visitor information services at the Clearwater Beach
Visitor Information Center (BVIC) for the period February 1, 2021 through
September 30, 2025 at a cost not to exceed $317,265 and authorize the
appropriate officials to execute same. (consent)
4.2
Approve the Contract for Purchase of Real Property by the City of
Clearwater of certain real property located at 1011 Engman Street, with a
purchase price of $350,000 and total expenditures not to exceed
$391,000, authorize the appropriate officials to execute same, together
with all other instruments required to affect closing, and approve the
transfer of $391,000 from general fund reserves at first quarter to cover the
cost of the purchase. (consent)
4.3
5. Parks and Recreation
Approve the reallocation of funds budgeted for co-sponsorship events that
were canceled due to Covid-19 and allow funds to be used for newly
requested smaller special events that meet Covid-19 protocols and
authorize the appropriate officials to execute same. (consent)
5.1
Approve not-to-exceed increase of $160,000 to Hilltop Securities Inc.
(Hilltop) for spring training deal structure consulting services provided by
ICON Venue Group, LLC d/b/a CAA ICON (CAA ICON) as subconsultant
to Hilltop and authorize the appropriate officials to execute same. (consent)
5.2
Page 2 City of Clearwater Printed on 1/18/2021
January 19, 2021Council Work Session Work Session Agenda
Approve purchase order(s) to Miracle Recreation Equipment Co. of
Monett, OH, for the purchase of playground equipment in an amount of
$136,894.18, pursuant to Clearwater Code of Ordinances 2.564 (1) (d)
Other Government Entities, and authorize the appropriate officials to
execute same. (consent)
5.3
6. Police Department
Approve the Pinellas County Combined Mutual Aid Agreement for law
enforcement services for the period February 1, 2021 through January 31,
2025 and authorize the appropriate officials to execute same. (consent)
6.1
Approve a Memorandum of Agreement (Agreement) between Bob
Gualtieri, as Sheriff of Pinellas County, Florida (Sheriff) and the City of
Clearwater Police Department to establish a Pilot Co-Responder Program
to handle mental health related calls for service and authorize the
appropriate officials to execute same. (consent)
6.2
Amend Clearwater Code of Ordinances Section 6.29, Alcoholic
Beverages - Closing Hours, prohibiting the sale of alcoholic beverages by
alcoholic beverage establishments between the hours of 1:00 a.m. to 8:00
a.m. in Clearwater Beach, Sand Key, and Island Estates and pass
Ordinance 9435-21 on first reading.
6.3
7. Engineering
Award a construction contract to Central Florida Contractors, Inc. of
Seminole, Florida, per Invitation to Bid (ITB) 20-0026-EN for the 2021
Sidewalks project, in the amount of $750,000 for an initial one-year term
with an option to renew for three, one-year renewal terms on a unit price
basis, and authorize the appropriate officials to execute same. (consent)
7.1
Approve an Easement Subordination to Florida Department of
Transportation (FDOT) for the purpose of maintaining a Digital Message
Sign (DMS) in the vicinity of Nursery Road and U.S. 19 North and authorize
the appropriate officials to execute same. (consent)
7.2
Continue to February 4, 2020: Approve staff request to vacate an alley
located within the Clearwater Gas Complex at 777 Maple Street,
described as, All of the platted alley lying within Block 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, which Pinellas County was once part, and pass Ordinance
9434-21 on first reading.
7.3
8. Planning
Page 3 City of Clearwater Printed on 1/18/2021
January 19, 2021Council Work Session Work Session Agenda
Approve the annexation, initial Future Land Use Map designations of
Residential Low (RL) and Water/Drainage Feature Overlay and initial
Zoning Atlas designation of Low Medium Density Residential (LMDR)
District for 2776 N. Terrace Drive, and pass Ordinances 9419-21, 9420-21
and 9421-21 on first reading. (ANX2020-10011)
8.1
Approve a Future Land Use Map amendment from the Residential Medium
(RM) and Residential Urban (RU) categories to the Residential Low
Medium (RLM) category for two parcels located at 1280 and 1298
Lakeview Road and pass Ordinance 9425-21 on first reading.
(LUP2020-10001)
8.2
Approve a Zoning Atlas amendment from the Medium Density Residential
(MDR) District to the Mobile Home Park (MHP) District for 1298 Lakeview
Road and pass Ordinance 9426-21 on first reading. (REZ2020-10001)
8.3
Approve a Future Land Use Map Amendment from the Residential
Suburban (RS) category to the Residential Urban (RU) category for 2250
Nursery Road and pass Ordinance 9427-21 on first reading.
(LUP2020-10002)
8.4
Approve a Zoning Atlas amendment from the Low Density Residential
(LDR) District to the Medium Density Residential (MDR) District for 2250
Nursery Road and pass Ordinance 9428-21 on first reading.
(REZ2020-10002)
8.5
9. Information Technology
Authorize an increase to Contract 901066 to Florida Department of
Management Services Contract DMS-08/09-071, for SUNCOM long
distance service, State AIN Centranet lines, and toll-free lines, in an
amount of $30,000 for a new not to exceed amount of $164,220 for the
period October 1, 2020 through September 30, 2021, pursuant to
Clearwater Code of Ordinances Section 2.564 (1)(d) Other Government
Entities and authorize the appropriate officials to execute same. (consent)
9.1
10. Official Records and Legislative Services
Appoint Lindsay Dicus-Harrison to the Neighborhood and Affordable
Housing Advisory Board to fill the remainder of an unexpired term through
June 30, 2022. (consent)
10.1
Appoint one member to the Parks and Recreation Board with term to
expire January 31, 2025.
10.2
Approve the 2021 State Legislative Agenda.10.3
Page 4 City of Clearwater Printed on 1/18/2021
January 19, 2021Council Work Session Work Session Agenda
Recommend Rev. Alethea Winston as the Clearwater at-large
representative on the Pinellas Opportunity Council. (consent)
10.4
11. Legal
Confirm COVID-19 Emergency Proclamation and adopt Resolution 21-01.11.1
Adopt Ordinance 9416-21 on second reading, annexing certain real
property whose post office address is 1266 Sedeeva Circle North,
Clearwater, Florida 33755, into the corporate limits of the city and
redefining the boundary lines of the city to include said addition.
11.2
Adopt Ordinance 9417-21 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 1266
Sedeeva Circle North, Clearwater, Florida 33755, upon annexation into the
City of Clearwater, as Residential Urban (RU).
11.3
Adopt Ordinance 9418-21 on second reading, amending the Zoning Atlas
of the city by zoning certain real property whose post office address is
1266 Sedeeva Circle North, Clearwater, Florida 33755, upon annexation
into the City of Clearwater, as Low Medium Density Residential (LMDR).
11.4
Adopt Ordinance 9422-21 on second reading, annexing a portion of real
property whose post office address is 2970 Gulf to Bay Boulevard,
Clearwater, Florida 33759, into the corporate limits of the city and
redefining the boundary lines of the city to include said addition.
11.5
Adopt Ordinance 9423-21 on second reading, amending the future land
use plan element of the Comprehensive Plan of the city to designate the
land use for a portion of real property whose post office address is 2970
Gulf to Bay Boulevard, Clearwater, Florida 33759, upon annexation into the
City of Clearwater, as US 19 - Regional Center (US 19-RC).
11.6
Adopt Ordinance 9424-21 on second reading, amending the Zoning Atlas
of the city by zoning a portion of real property whose post office address is
2970 Gulf to Bay Boulevard, Clearwater, Florida 33759, upon annexation
into the City of Clearwater, as US 19.
11.7
12. City Manager Verbal Reports
Call-ins during COVID pandemic Update12.1
13. City Attorney Verbal Reports
14. Council Discussion Item
Page 5 City of Clearwater Printed on 1/18/2021
January 19, 2021Council Work Session Work Session Agenda
15. 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).
16. Closing Comments by Mayor
17. Adjourn
18. Presentation(s) for Council Meeting
National Mentoring Month Proclamation - Ms. Debbie Buschman, Lunch
Pals Coordinator - Pinellas County Schools
18.1
Page 6 City of Clearwater Printed on 1/18/2021
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#20-8624
Agenda Date: 1/19/2021 Status: Agenda ReadyVersion: 1
File Type: PresentationIn Control: Council Work Session
Agenda Number: 2.1
SUBJECT/RECOMMENDATION:
January Service Awards
SUMMARY:
5 Years of Service
Jason Beisel Public Communications
Joseph Heaton General Services
Arielle Wright Utility Customer Service
Johnareus Young Parks and Recreation
William Pancoe General Services
Brandon Coulter Public Utilities
Myra James Engineering
Justin Bowman Public Utilities
10 Years of Service
Amelia Adams Finance
Richard Chapman Information Technology
15 Years of Service
Krystal Epperson Public Communications
Jonathan Cappa Police
Daniel Loder Police
Stewart Phillips Police
Michael Spitaleri Police
Michael Morea Police
Christopher Pranschke Police
Jerry Dunner General Services
Melody Phelps Police
Selena Hyppolite Police
Terrance White Public Utilities
Lori Vogel Finance
Donald Magness Fire
Kevin O’Neill Fire
Page 1 City of Clearwater Printed on 1/18/2021
File Number: ID#20-8624
20 Years of Service
Heather Parsons Public Communications
25 Years of Service
Michael Whittaker Engineering/Traffic
Michael Ogliaruso Police
Albert Craig Jr.Gas
30 Years of Service
Charles Jeffries Public Utilities
Page 2 City of Clearwater Printed on 1/18/2021
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#20-8659
Agenda Date: 1/19/2021 Status: Agenda ReadyVersion: 1
File Type: PresentationIn Control: Council Work Session
Agenda Number: 2.2
SUBJECT/RECOMMENDATION:
Firefighter/Fire Medic Oaths
SUMMARY:
Julio Bonet
Gregory Georges
Mason Marty
Sebastian Pickens
Nicholas Stucker
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 1/18/2021
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#20-8580
Agenda Date: 1/19/2021 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: City Manager's Office
Agenda Number: 3.1
SUBJECT/RECOMMENDATION:
Approve a revocable sub-license agreement between the City of Clearwater, Clearwater
Historical Society, a non-profit corporation, and Kairoi Performing Arts Cultural Center, Inc.
(Kairoi), a non-profit corporation, for use of the Plumb House and authorize the appropriate
officials to execute same. (consent)
SUMMARY:
The City of Clearwater currently has a revocable license agreement with the Clearwater
Historical Society to provide a location at Ed Wright Park for the historical landmark known as
the Plumb House. Clearwater Historical Society has realized increased costs of maintaining
the structure as well as an inability to consistently staff the building for public tours as outlined
in the revocable license agreement. Clearwater Historical Society has approached the City of
Clearwater to seek permission for the Plumb House to be occupied and maintained by Kairoi
Performing Arts Cultural Center, Inc. Kaiori will utilize the Plumb House to administer their
performing arts programming which is focused on providing a creative outlet for at risk youth
and young adults. Staff believes this partnership will provide a dual benefit to the community in
the form of a permanent presence at the Plumb House as well as providing much needed
performing arts programming.
APPROPRIATION CODE AND AMOUNT: N/A
USE OF RESERVE FUNDS: N/A
Page 1 City of Clearwater Printed on 1/18/2021
1
REVOCABLE SUB-LICENSE AGREEMENT
PLUMB HOUSE
THIS REVOCABLE SUB-LICENSE AGREEMENT is made and entered into on this
_____ day _______________, 2021, by and between the CLEARWATER HISTORICAL
SOCIETY, a non-profit corporation, (hereinafter referred to as "Society" of “Licensee”),
KAIROI PERFORMING ARTS CULTURAL CENTER, a non-profit corporation (hereinafter
referred to as “Kairoi” or “Sub-Licensee”), and the CITY OF CLEARWATER, FLORIDA
(hereinafter referred to as "City" of “Licensor), and collectively as “Parties”.
WHEREAS, the Society is a non-profit corporation which owns a structure known as the
"Plumb House" and
WHEREAS, the “Plumb House” is an historical landmark which has been listed as an
historical house with the Department of State, Division of Archives, History and Records
Management on the State of Florida Master Site file; and
WHEREAS, since 1983, the structure has been located on real property owned by the
City known as Ed C. Wright Park, pursuant to various revocable license agreements between the
Society and City; and
WHEREAS, the existing Revocable License Agreement between the Society and City
expires on June 26, 2022 (hereinafter referred to as “License Agreement”), which is incorporated
by reference and attached hereto as Exhibit A; and
WHEREAS, the Society desires to enter into a Revocable Sub-License Agreement
(hereinafter referred to as “Sub-License Agreement) with Kairoi for the remainder of the License
Agreement term; and
WHEREAS, pursuant to Section 12 of the License Agreement, the City must consent in
writing to the Sub-License Agreement.
NOW, THEREFORE, in consideration of the mutual promises contained herein and other
good and valuable consideration, the Parties agree that the above terms, recitals, and
representations are true and accurate and are incorporated herein by reference, and the Parties
further agree as follows:
1. Purpose: The purpose of this Sub-License Agreement is to continue to provide a
location for the historical house, “Plumb House" in Ed C. Wright Park. All uses made of the
Plumb House shall be in conformance with the deed restrictions contained in the Ed C. Wright
2
Park Deed recorded in Official Records Book 1546, page 521, Public Records of Pinellas
County, Florida, as may be applicable.
2. Term: The term of this Sub-License Agreement shall begin when duly executed
by the Parties and end on June 26, 2022. The City, at its convenience, may revoke this Sub-
License Agreement by giving 30 days written notice.
3. House Maintenance: At its expense, Kairoi agrees to maintain the house in a safe
and sanitary condition in conformance with all applicable laws, and to continue to keep the house
restored as nearly as possible to its original condition.
4. Public Access: Kairoi shall make the Plumb House available to the general public
for tours on a semi-monthly basis in accordance with a schedule to be established by Kairoi.
Additionally, Kairoi shall have individuals available at said tours to discuss the history of the
Plumb House and the history of the City with those members of the general public desiring such
information.
Prior to the Plumb House being available to the general public for access, Kairoi, at its
expense, agrees to repair and restore the Plumb House to a safe and sanitary condition and in
conformance with all applicable laws. The City may inspect the Plumb House to ensure
compliance with this section prior to general public access.
5.Landscaping: At its expense, Kairoi shall provide all landscaping in the
immediate vicinity of the house. The landscaping shall be of a type designated and approved by
the City's Park and Recreation Department.
The City shall maintain the real property immediately surrounding the house including all
landscaping (lawn, shrubs and other landscaping).
6. Parking: Kairoi members and its guests may use the existing parking facilities at
Ed C. Wright Park or Ross Norton Park.
7. Utilities: At its expense, Kairoi shall pay all monthly charges for all utilities
including water, electric and telephone.
8. Indemnity and Hold Harmless: Kairoi agrees to indemnify and hold the City,
including its officers, agents, and employees, harmless from any claims, losses, lawsuits or
injuries for all claims arising out of the restoration, maintenance and use of the Plumb House at
Ed C. Wright Park.
Nothing contained herein is intended to serve as a waiver by the City of its sovereign
3
immunity, to extend the liability of the City beyond the limits set forth in Section 768.28, Florida
Statutes, or be construed as consent by the City to the sued by third parties.
9.Insurance: Kairoi will, at its own expense, acquire and maintain during the term
of this Agreement, sufficient insurance to adequately protect the interests of the parties.
Specifically, Kairoi 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, property damage,
and sexual molestation and abuse 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.
d.If Kairoi 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
Kairoi’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.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
4
remains in effect, Kairoi furnish the City with a Certificate of Insurance(s)
evidencing all of the coverage set forth above and naming the City and Society as
an “Additional Insured.” In addition, when requested in writing from the City,
Kairoi will provide the City with certified copies of all applicable policies.
10. Notices: All required notices and correspondence shall be sent by certified mail to
the following addresses:
City:City Manager
P. O. Box 4748
Clearwater, FL 34618
Society:Thomas C. Nash, II, Esq.
P. O. Box 1669
Clearwater, FL 33757
Kairoi:Charlayne Henry
1380 S. Martin Luther King Jr. Ave
Clearwater, FL 33756
11. Toxic or Hazardous Substances: Kairoi covenants and agrees not to bring upon,
store or generate upon the City's property or the structure itself any substance classified by state
or federal government authority as a toxic or hazardous material. Kairoi further agrees that it
shall comply with all governmental and other laws, rules, regulations, codes, statutes including,
but not limited to federal, state, county and municipal as they relate to storage, use and disposal
of any substance whether toxic or non-toxic, whether such substance is a manufactured or man-
made substance and whether the same is a natural substance or man-made.
12. Improvements: The house, its fixtures and all other permanent improvements
made by Kairoi at Ed C. Wright Park shall become the property of the City of Clearwater upon
the termination or revocation of this Agreement.
13.Assignments: Kairoi may not assign any privileges granted under this Sub-
License Agreement without written approval by the City.
14.The Parties do hereby covenant and agree that no person shall be excluded from
participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of
the premises on the basis of race, color, religion, sex, national origin, disability, or any other
protected class under federal, state, and local law.
15.Kairoi agrees to comply with all laws, rules, requirements, orders, directives,
5
codes, ordinances and regulations of governmental authorities and agencies and of insurance
carriers during the life of this Agreement. Kairoi agrees to obtain all necessary permits in
accordance with applicable City Code of Ordinances and Florida State law. Kairoi shall be
responsible for conducting Level I or II criminal background checks for its employees and/or
volunteers, as may be required by law.
16.This Sub-License Agreement does not relieve the Society of any its obligations
and responsibilities under the License Agreement. The Society hereby enters into this Sub-
License Agreement.
17.The City hereby consents to this Sub-License Agreement.
[Remainder of Page Intentionally Left Blank]
6
IN WITNESS WHEREOF, the Parties have caused their duly authorized officers to execute this
Revocable Sub-License Agreement on the day and year first above written.
KAIROI PERFORMING ARTS CULTURAL CENTER
By:
President
CLEARWATER HISTORICAL SOCIETY, INC.
By:
President
Countersigned:CITY OF CLEARWATER, FLORIDA
Frank Hibbard William Horne
Mayor City Manager
Approved as to form:Attest:
Owen Kohler Rosemarie Call
Assistant City Attorney City Clerk
REVOCABLE LICENSE AGREEMENT
oU....
THIS AGREEMENT entered into this J.k- day ~, 2007, by and between the
CLEARWATER HISTORICAL SOCIETY, a not-for-pro~t corporation, hereinafter referred to
as "Society" and the CITY OF CLEARWATER, FLORIDA, hereinafter referred to as "City".
WHEREAS, the Society is a not-for-profit Florida corporation which owns a structure
known as the "Plumb House", and
WHEREAS, the "Plumb House" is an historical landmark which has been listed as an
historical house with the Department of State, Division of Archives, History and Records
Management on the State of Florida Master Site file; and
WHEREAS, since 1983 the structure has been located on real property owned by the City
known as Ed C. Wright Park pursuant to the most recent License Agreement between the City
and the Society dated June 30, 1992; and
WHEREAS, the Society and the City desire that the License continue for another fifteen
15) year term under the same terms and conditions as the existing License Agreement.
NOW, THEREFORE, in exchange for mutually agreeable consideration, the parties to
this Agreement do hereby agree as follows:
1. Purpose: The purpose of this license agreement is to continue to provide a
permanent location for the historical house, "Plumb House", in Ed G. Wright Park. All uses
made of the Plumb House shall be in conformance with the deed restrictions contained in the Ed
C. Wright Park Deed recorded in Official Records Book 1546, page 521, Public Records of
Pinellas County, Florida.
2. Term: The term of this agreement shall be for a period of fifteen (15) years.
1
3. House Maintenance: At its expense, the Society agrees:
a. to maintain the house in a safe and sanitary condition in conformance with
all applicable laws,
b. to continue to keep the house restored as nearly as possible to its original
condition,
c. to maintain a Comprehensive General Liability policy of insurance
covering claims for injuries to persons or damage to property, which may arise from or in
connection with use of the premises, including all activities occurring thereon, written by an
insurance company with above average rating in the amount of $500,000.00 per occurrence.
Certificates of insurance for all applicable coverages hereinbefore stated shall be delivered to the
City on an annual basis and name the City of Clearwater as an additional insured. The coverage
shall contain no special limitations on the scope of protection afforded to the City, its officials,
employees, agents or volunteers. The Society shall provide a copy of any or all insurance
policies upon request by the City.
4. Public Access: The Society shall make the house available to the general public
for tours on a semi-monthly basis in accordance with a schedule to be established by the Society.
Additionally, the Society shall have individuals available at said tours to discuss the history of
the Plumb House and the history of the City with those members of the general public desiring
such information.
5. Landscaping: At its expense the Society shall provide all landscaping in the
immediate vicinity of the house. The landscaping shall be of a type designated by the City's
Parks and Recreation Department.
The City shall maintain the real property immediately surrounding the house including all
2
landscaping (lawn, shrubs and other landscaping).
6. Parkin~: The Society members and its guests may use any existing permitted
parking spaces available at Ed C. Wright Park or Ross Norton Park.
7. Utilities: At its expense, the Society shall pay all monthly charges for all utilities
including water, electric and telephone.
8. Hold Harmless: The Society agrees to hold the City harmless from any claims,
lawsuits or injuries arising out of the restoration, maintenance and use of the house at Ed C.
Wright Park.
9. Notices: All required notices and correspondence shall be sent by certified mail to
the following addresses:
City:City Manager
P. O. Box 4748
Clearwater, FL 34618
Society:Thomas C. Nash, II, Esq.
P. O. Box 1669
Clearwater, FL 33757
10. Toxic or Hazardous Substances: The Society covenants and agrees not to bring
upon, store or generate upon the City's property or the structure itself any substance classified by
state or federal government authority as a toxic or hazardous material. Lessee further agrees that
it shall comply with all governmental and other laws, rules, regulations, codes, statutes including,
but not limited to federal, state, county and municipal as they relate to storage, use and disposal
of any substance whether toxic or non-toxic, whether such substance is a manufactured or man-
made substance and whether the same is a natural substance or man-made.
11. Imorovements: The house, its fixtures and all other permanent improvements
made by the Society at Ed C. Wright Park shall become the property of the City of Clearwater
3
upon the termination or revocation of this Agreement.
12. Assignments: The Lessees may not assign any privileges granted under this
Agreement without Written approval by the City.
Countersigned:CITY OF CLEARWATER, FLORIDA
Illiam B. Home II
City Managerf8(L ~
Attest:
WATER HISTORICAL SOCIETY, INC.
4
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#20-8687
Agenda Date: 1/19/2021 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Economic Development & Housing
Agenda Number: 4.1
SUBJECT/RECOMMENDATION:
Disband the Affordable Housing Advisory Committee and adopt Resolution 21-02.
SUMMARY:
On September 23, 2020, the City Council adopted Resolution 20-50 which appointed the
Neighborhood and Affordable Housing Advisory Board (NAHAB) and four additional members
as the Affordable Housing Advisory Committee (AHAC). This action was necessary to comply
with Florida Statute 420.9076. The AHAC reviewed the city’s policies, procedures, and land
development regulations and provided recommendations in advance of city staff’s preparation
of the Local Housing Assistant Plan. The AHAC’s objective was to recommend specific
actions or initiatives to encourage or facilitate affordable housing. The AHAC’s
recommendations were presented to the City Council December 17.
The AHAC has completed its work for Fiscal Year 2020-2021 and therefore, the Council may
sunset the committee.
Per Florida Statutes, the AHAC must be appointed annually to review the Local Housing
Incentives Strategies.
Resolution 21-02 acknowledges the work of the AHAC has been completed and terminates
their appointments.
APPROPRIATION CODE AND AMOUNT:
N/A
USE OF RESERVE FUNDS:
N/A
Page 1 City of Clearwater Printed on 1/18/2021
Resolution No. 21-02
RESOLUTION NO. 21-02
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA REGARDING THE AFFORDABLE HOUSING
ADVISORY COMMITTEE REQUIRED FOR PURPOSES
OF THE STATE HOUSING INITIATIVES PARTNERSHIP
(SHIP) PROGRAM; PROVIDING THAT THE TERMS OF
THE AFFORDABLE HOUSING ADVISORY COMMITTEE
MEMBERS APPOINTED IN RESOLUTION NO. 20-50
SHALL EXPIRE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, Resolution No. 20-50 appointed certain members of the Affordable
Housing Advisory Committee (AHAC); and
WHEREAS, said committee has completed its work for the 2020-2021 period, and
Ordinance No. 8068-09 provides for the periodic reconstitution of said committee, and it
is no longer necessary that the members appointed by Resolution No. 20-50 serve; now
therefore,
BE IT RESOVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER,
FLORIDA:
SECTION 1: The terms of the members of the Affordable Housing Advisory
Committee shall expire on the effective date of this resolution.
SECTION 2: This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this _______ day of _______ , 2021.
Approved on ______ day of __________, 2021.
______________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
___________________ ______________________
Laura Mahony Rosemarie Call
Senior Assistant City Attorney City Clerk
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#21-8691
Agenda Date: 1/19/2021 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Economic Development & Housing
Agenda Number: 4.2
SUBJECT/RECOMMENDATION:
Approve a Management Agreement between the City of Clearwater and The Greater
Clearwater Regional Chamber of Commerce dba AMPLIFY Clearwater to provide visitor
information services at the Clearwater Beach Visitor Information Center (BVIC) for the period
February 1, 2021 through September 30, 2025 at a cost not to exceed $317,265 and authorize
the appropriate officials to execute same. (consent)
SUMMARY:
The BVIC, built in 2002, is located adjacent to the Pier 60 playground on Clearwater Beach just
west of the Clearwater Beach Municipal Marina. The center is a 15 ft. x 20 ft. air-conditioned
concrete block structure of tropical seascape design compatible with existing beach buildings.
The BVIC building will be provided to the operator rent-free and shall be open to serve the
public. The days of the week and hours of operation will vary and be dependent upon
anticipated tourism activity throughout the year. The City’s Building and Maintenance Division
will maintain the structural integrity of the building.
The City released RFP #02-21 on October 8, 2020 seeking an operator/management firm to
provide public information services at the Clearwater BVIC. The City received one proposal by
the November 6, 2020 deadline.
The Selection Committee, comprised of Kris Koch, Senior Manager - Special Events
Administration in Parks & Recreation Department, Audra Aja, Economic Development &
Housing Department’s Marketing & Communication Coordinator, and Denise Sanderson,
Director of Economic Development & Housing, met on November 20, 2020 to review and
discuss the proposal. The meeting was open to the public and representatives of AMPLIFY
Clearwater were in attendance.
The Selection Committee unanimously recommended AMPLIFY Clearwater based on the
following:
·Deemed by Procurement as a Responsible Bidder
·Demonstrated Experiences and References
·Overall Approach, including collaborations and partnerships
·Financial Plan
·Operations and Management Plan
Staff then negotiated the Management Agreement, including hours and days of operation in
Year 1 (February 1, 2021 through September 30, 2021).
AMPLIFY Clearwater will continue to act as a concierge service, providing exceptional service
Page 1 City of Clearwater Printed on 1/18/2021
File Number: ID#21-8691
and information to the visitors of Clearwater Beach as it has for the past 18 years and will
leverage partnerships and collaborations to maximize value and visitor experience for the City
of Clearwater.
Due to anticipated rising labor costs and still yet to be determined impacts to tourism due to the
Coronavirus pandemic, staff recommends approval of the Management Agreement and the
funding as follows:
·Year 1 (Fiscal Year (FY)21, partial) in the amount of $37,265 paid in three installments.
o February 1, 2021: $7,910
o April 1, 2021: $14,989
o July 1, 2021: $14,366
·Years 2-5 (FY22 through FY25) in an amount no less than $50,000 and not to exceed
$70,000 per fiscal year.
o The annual amount, number of hours, and days of operation are to be
determined annually through mutual written agreement between the City’s
Economic Development & Housing Director and the CEO or Designee of
AMPLIFY Clearwater. Such determination will be based on anticipated labor
costs and tourism activity and will be budgeted through the department’s annual
budget process.
APPROPRIATION CODE AND AMOUNT:
Funding in the amount of $37,265 is budgeted in the FY21 Economic Development budget
(0109216-530300). Remaining term of the contract will be budgeted within the same.
USE OF RESERVE FUNDS:
N/A
Page 2 City of Clearwater Printed on 1/18/2021
Proposal #02-21 Clearwater Beach
Visitor Information Center Operator
1
TAB 1: RFP #02-21 Letter of Transmittal
2
November 5, 2020
City of Clearwater
Attn: Procurement Division
100 Myrtle Avenue, 3rd Floor
Clearwater, FL 33756-5520
RE: RFP #02-21 Clearwater Beach Visitor Information Center
Due: November 6, 2020 at 10:00AM
AMPLIFY Clearwater enthusiastically submits the following proposal in response to RFP #02-21 to continue
to serve as the operator for the Clearwater Beach Visitor Information Center, herein referred to as ‘BVIC’.
AMPLIFY Clearwater, formed in 2019, is a new entity born out of the combination of the former Clearwater
Regional Chamber of Commerce and Clearwater Beach Chamber of Commerce. This organization
represents over 800+ businesses in the greater Clearwater area and is uniquely qualified to serve as the
operator of this space, as outlined in this proposal.
In addition to the connection to over 800+ area member businesses, AMPLIFY employs a strong leadership
team dedicated to a quality visitor experience. The team works full-time in the tourism space staying
connected to industry trends and partners while working tirelessly to ensure the destination specialists in
this space are local experts on the area. This is why the Clearwater Beach Visitor Information Center is
one of the ‘Top Things to Do’ on TripAdvisor year after year.
AMPLIFY Clearwater’s main administrative office:
Bank of America Tower
600 Cleveland Street, Suite 100
Clearwater, Florida 33755
www.amplifyclearwater.com
727-461-0011
AMPLIFY Clearwater has the established business plan, financial wherewithal and the experience to
position it as a trusted and proven operator and partner to the City, and we are eager to assume/continue
this contract from February 1, 2021 through September 2025.
Respectfully submitted,
Amanda Payne
President/CEO
Amanda@amplifyclearwater.com
3
TAB 2: RFP #02-21 Demonstrated Experience of
the Firm and Key Personnel and References
4
Demonstrated Experience of the Firm and Key Personnel and References
1a. In this detailed response, AMPLIFY supplies an overview of its means, methods and commitment to
the tourism industry of Clearwater. Additional details below will provide a clearer picture on how
AMPLIFY will perpetuate and enhance the acclaimed visitor experience delivered 361 days a year at the
Clearwater Beach Visitor Information Center at Pier 60.
AMPLIFY Clearwater is a Florida Corporation, 501c6, and was established in October 2019 as a merger of
the Clearwater Regional Chamber of Commerce and the Clearwater Beach Chamber of Commerce. While
this newly formed organization has been in existence for slightly over one year, the team members
employed have a strong history in the community and deep understanding of, and commitment to, the
visitor experience in our market.
1b. AMPLIFY Clearwater’s revenues are budgeted and adequate to sustain its operations, programs and
projects. This organization is financially sound and credit worthy, as demonstrated in its history of
contract fulfillment with the City of Clearwater and other vendors. AMPLIFY Clearwater maintains cash
reserves approximating six months of operating expenses, and has a revolving line of credit in place to
cover short-term timing issues relative to cash flow. AMPLIFY has provided quarterly financial and
statistical reports to the City during the pendency of its operation of the BVIC. AMPLIFY has grown its
paid advertisers and continues to welcome additional advertisers and other sources of revenue to sustain
the BVIC. AMPLIFY annually uses funds from its enterprise to subsidize the BVIC operations, which costs
exceed the stipend contributed by the City.
The tourism initiatives of AMPLIFY Clearwater are guided by a team of local and national industry experts,
representing every sector of the industry, in order to ensure a well-rounded approach that is inclusive of
all perspectives. In addition, we host regular gatherings of the Tourism Partners that provides educational
opportunity, industry updates, and fosters connections.
AMPLIFY’s tourism goals are simple: leverage every opportunity to distinguish Clearwater, mainland and
its beaches, as a world class tourist destination for visits and repeat visits. AMPLIFY Clearwater, by past
performance, has proven its commitment to the mission of the visitor information center and experience
by offering the highest level of public information services to citizens, visitors and businesses. AMPLIFY
has historically supplemented the City stipend for the operation of the beach visitor information center
with the certain knowledge that it is a valuable service to the entire tourism stakeholder footprint of
Clearwater, which includes Clearwater beaches. The true measure of performance is the continuing
support and approval from the tourism stakeholders.
1c. Staff contacts –
Amanda Payne, President/CEO, AMPLIFY Clearwater
Amanda Pasdon Payne began her chamber career in her hometown community.
Amanda grew up in a small town in Georgia which she left at the age of 26
determined to see the world. Her adventures landed her in Morgantown, West
Virginia where she earned her Executive MBA from West Virginia University. Go
‘Eers!
5
She spent 10 years in West Virginia where she worked to better her community and the state. She served
on various boards and aided in various community centered projects including the Girl Scouts, Habitat for
Humanity and other child advocacy groups.
Amanda currently serves as the President/CEO of AMPLIFY Clearwater. She also served in the West
Virginia House of Delegates for three consecutive terms, serving as Chair of the House Education
Committee in her last term and held the position of Vice President and CFO of the West Virginia Chamber
of Commerce.
Each of these positions brought with it a unique perspective and opportunity to affect positive change for
business, education, health and communities. Amanda believes that knowledge and experience will aid
greatly in her continuing to advocate on behalf on the Clearwater business community.
She is an energetic and dynamic individual. Whether working with industry leaders, proudly serving her
constituents, volunteering within her community or engaging for change, Amanda views each step of her
path all preparatory for the next. Amanda proudly serves on the USF Kate Tiedemann College of Business
advisory board.
Amanda resides in Clearwater, Florida with her husband Chris, her two sons, J.C. and Jack.
Kristina Alspaw, Executive Vice President, AMPLIFY Clearwater
With over 2 decades of experience in the hospitality and tourism industry, Kristina
brings a wealth of knowledge, history and relationships to her role overseeing the
Beach Visitor Information Center. Kristina formerly served as the Visitor
Experience Manager at the Clearwater Regional Chamber of Commerce where she
worked to support the hospitality industry, rallying them around a common vision
and connecting them through education and networking. She spent years
managing the Beach Information Center, improving its functionality, design, and
available information while enhancing training for the front-line staff. In her new
role as Executive Vice President of AMPLIFY Clearwater, Kristina works alongside the CEO to execute the
strategic vision of the organization across all departments, still dedicating the majority of her efforts to
the tourism industry.
Her work reaches beyond the Clearwater footprint with established relationships and work experience in
St. Petersburg, Tampa, and across the state for Florida. She serves as the President for SKAL Tampa Bay
Chapter, an elite membership based international tourism professional organization.
Kristina is also on the board for Sunsets at Pier 60 and Ocean Allies. She works closely with most major
destination events including The Pier 60 Sugar Sand Festival, Clearwater Jazz Holiday, The Clearwater
Super Boat Races, Outback Bowl Beach Day and Game Day, and more. Kristina also oversees all visitor
related publications and marketing opportunities including the sales and production of the Official Visitors
Guide for Clearwater.
Kristina received her Bachelor of Arts in Hospitality, Recreation and Tourism Management with a minor in
International Business. She also holds a certificate from the University of South Florida in Post-Crisis
Leadership and is a graduate of Leadership St. Pete
6
TAB 2-2: RFP #02-21 References
More endorsements provided upon request.
7
8
9
10
TAB 3: RFP #02-21 Overall Approach
11
Overall Approach
3a. Describe in detail the information and any other services to be provided, the type of advertising
envisioned, and items to be sold.
Recent upgrades to the space have allowed for optimal organization of collateral and information therein.
Printed collateral including guides, maps, and brochures line the walls in an organized and labeled fashion
allowing guests to self-serve if desired. A destination specialist staffs the center during all open hours to
provide recommendations, directions, and to answer any guest questions. This specialist also sells tickets
to partnering attractions such as Busch Gardens and Clearwater Marine Aquarium. In compliance with
RFPP #02-21, no competing items from Pier 60 concessions are sold in this space.
3b. An assessment of the proposer's abilities to meet and satisfy the needs of the City, taking into
consideration the requested services, additional services and/or expertise offered that exceed the
requirements, or the vendor's inability to meet some of the requirements of the specifications.
The tourism goals for AMPLIFY are simple: leverage every opportunity to distinguish Clearwater, mainland
and its beaches, as a world class tourist destination.
AMPLIFY embraces the City’s RFP, with all due respect for the process, and submits a proposal grounded
in optimizing all variables for strengthening tourism within the Clearwater marketplace.
AMPLIFY Clearwater recognizes the need for all marketing to evolve consistent with the innovations of
web-based research and purchasing, electronic communications and social media to capture the interest
and patronage of media, such as Facebook, Instagram and Twitter, to deliver live-feed and real-time
reporting germane to tourists visiting or following Clearwater.
AMPLIFY has established proven performance in the tourism marketing space, which equates to value-
added benefits for the City through BVIC. The following products, services and nurtured relationships
represent an enhancement to contracted tourism visitor information center services in Clearwater. Most
of these items represent a deliverable unique to AMPLIFY Clearwater.
•Availability of matching funds for tourism advertising activities available from VSPC that will
generate more overnight visitors. Only Chambers of Commerce are eligible to apply for these
matching funds.
•Synergy and stability of memberships, networking and in some cases co-op advertising with VISIT
FLORIDA, VSPC, etc. allowing for opportunities to direct focus upon Clearwater and its waterfront
destinations.
•AMPLIFY Clearwater produces and distributes the Official Visitors Guide for Clearwater
•Established and proven cooperative relationship with Bandwagon, the agency overseeing public
relations and tourism marketing on behalf of the City of Clearwater.
•Continuity and credibility of work with the high profile and high impact major event
producers/organizers, including, but not limited to, seizing the opportunity to host and/or
participate in events such as the Pier 60 Sugar Sand Festival, Outback Bowl Beach Day, Clearwater
Jazz Holiday, the Clearwater Super Boat Races, Clearwater’s Dolphin Trail and more.
•In addition to operating BVIC, AMPLIFY Clearwater operates two other visitor center spaces, and
is preparing to open a Welcome Center along the Courtney Campbell Causeway in partnership
12
with the City. This will create fantastic synergy along the most highly trafficked feeder artery for
our visitors.
•Jazz Holiday has its headquarters at the AMPLIFY downtown administrative office. This allows for
immediate response to media inquiries, natural opportunities for (co) hosting media FAM trips.
Distribution of Jazz collateral to visitors, and for the impulsive affirmation of pride that the City
has in this signature event.
•No travel costs incurred for meetings between the City and Chamber staffs with the close
proximity of offices, thereby conserving resources that may be applied to other tourism purposes.
•Co-op advertising system in place for the major properties and attractions, which recognize
AMPLIFY’s expertise and results.
•AMPLIFY Clearwater’s executive and staff, board and members support tourism and recognize it
as Clearwater’s number 1 industry. The combined expertise of these committed staff and
volunteer leaders provide incredible intangible resources and invaluable in-kind resources to this
body of work.
•AMPLIFY has an established track record for soliciting sponsors for events and activities and has
enhanced tourism marketing as a result.
•AMPLIFY has a vested interest in the success of all businesses in Clearwater. Approximately half
of all AMPLIFY members function in tourism, AMPLIFY will continue to provide opportunities to
these businesses that support their growth and vitality.
•AMPLIFY is uniquely positioned to encourage patronage of tourism stakeholders.
3c. Describe the benefits the City could expect should the respondent be awarded the agreement to
operate the BVIC as well as ideas for creativity/innovation that may be implemented.
AMPLIFY has a clear vision and the City will benefit by tourism thriving. Tourism is the crown jewel and a
major driver of the Clearwater economy. Paramount to the prosperity of Clearwater’s number 1 industry
is the strengthening of cooperative efforts and collaboration. No one entity alone has all of the resources
necessary to deliver all the work that must be done. AMPLIFY enjoys a productive and mutually beneficial
relationship with most affected parties. The rewarding partnership with the City and AMPLIFY expands
well beyond just the tourism visitor information center contract. AMPLIFY’s ability to liaise with all levels
of government, the business community, media, other chambers, residents and visitors allows for
heightened performance as it relates to the tourism visitor information center contract.
Additionally, AMPLIFY Clearwater has a separate contract with Bandwagon to create the brand voice and
implement it across many mediums including website, social media, and print media such as the Official
Clearwater Vacation Guide. This encourages a united voice across the market and creates additional
opportunity for creativity with future projects and initiatives.
3d. Describe any partnerships or opportunities for coordinated marketing efforts through Visit
St.Pete/Clearwater.
AMPLIFY Clearwater enjoys a strong partnership with Visit St. Pete/Clearwater with open communications
with multiple departments within their operation. AMPLIFY staff has led the charge county-wide for a
more coordinated and cohesive messaging opportunity within the visitor information centers. This
includes distribution racks, free guest items like hand sanitizers and sunscreen, and access to their online
hotel booking widgets. VSPC also includes a full-page advertisement in the Visitors Guide and includes
13
our Visitors Center locations on their maps and information pieces both digitally and in print. AMPLIFY
partners with VSPC with special events in market, sales missions, destination FAMs, and education of the
industry through Tourism Partner Meetings as VSPC Marketing Summits.
3e. Provide a strategy to communicate services and information between others within the industry in
accordance with all public and private partnerships.
AMPLIFY Clearwater seeks out all available opportunities to get the Pier 60 Visitor Information Center on
Visitor maps and materials, encouraging awareness for visitors and advertisers about the opportunity to
promote through this space. This includes but is not limited to VISIT FLORIDA Vacation Guide, Visit
St.Pete/Clearwater’s Destination Magazine, WHERE Tampa Bay, The Welcome Guide Map, the Official
Visitors Guide of Clearwater and more. Additionally, media kits to become an advertiser are available on
our website, distributed through our newsletter, and printed to be kept available at Pier 60 should an
interested advertiser inquire. This media kit is provided to all new members of AMPLIFY Clearwater when
they join the Chamber of Commerce and shared cooperatively with other Chambers of Commerce, Visit
St.Pete/Clearwater, Bandwagon, and the City of Clearwater upon request.
14
TAB 4: RFP #02-21 Financial Plan
15
Financial Plan
4a. Having operated the BVIC since inception, AMPLIFY has a documented history of financial
management which includes supplementing the City’s annual stipend of $50,000 remitted to AMPLIFY in
quarterly installments.
Annual operating costs for the contract period beginning February 1, 2021 are estimated as follows. These
are all based on current market conditions such as workers comp, current minimum wage, and
unemployment tax rate, all of which are subject to change:
•Salaries & wages, including payroll taxes and payroll fees $88,000
•Annual Telephone & Internet connections $2,800
•Merchant service/credit card fees $2,100
•IT/Equipment $3,000
•Insurances $1,475
•Staff Education & Training $500
•Cleaning and Maintenance supplies, including increased COVID sanitization $2,000
•Display items $650
•Attraction Tickets $27,000
Total projected expense to operator $127,525
Annual income/revenue for the contract period beginning February 1, 2021 are estimated as follows:
•BVIC Advertiser fees $10,000
•BVIC Attraction Tickets $28,000
•BVIC Stipend from City of Clearwater $50,000
Total projected revenue to operator $88,000
Projected investment required by operator: $39,525
AMPLIFY will continue to prospect additional sources of revenue for the BVIC with the ultimate goal to
make it self-sustaining. This includes additional visibility for advertisers, an increase in the number of
advertisers, and an expansion of area attraction tickets available for sale.
It is important to note that we are learning in a post-COVID environment, traditional printed advertising
is no longer the medium of choice for our advertisers. With that in mind, integrating digital opportunities
will be vital. All projections above are based on historical conditions and projections for digital transition
are ongoing.
4b. List of credit references and resources available to perform the activities outlined in your proposal
Dotti Overton, The Bank of Tampa, 727-502-8445, doverton@bankoftampa.com
Debra Jones, Regions Bank, 727-467-1001, debral.jones@regions.com
More credit references available upon request
16
4c. Describe the goals for the BVIC and measures of performance to be used
In line with the 15 years of operating experience in this space, AMPLIFY aims to continually enhance and
deliver unparalleled concierge-type services for our destination through a dedicated and skilled team,
creating geometric ROI to the City through visitor patronage of area businesses, restaurant and retail. This
enhances economic development by encouraging repeat visitation and relocation of their families and
businesses. Performance will be measured through renewing and new advertisers in the space,
testimonials of industry partners, and visitor reviews of their experience through channels such as
TripAdvisor.
17
TAB 5: RFP #02-21 Operations and Management Plans
18
Operations and Management Plans
5.1 Operations Plan
a.Staffing Proposal – AMPLIFY proposes using a combination of paid hourly staff as well as
volunteers to staff this space.
b. Schedule of Operations – AMPLIFY has reviewed the established plan of operation, which is
dictated by existing, in-force Management Agreement with the City, and by STANDARED TERMS
AND CONDITIONS recited in the RFP #02-21. Upon review of historical visitation data, hours of
operation, destination special events and shifts in seasonal trends, AMPLIFY recommends and
adjusted schedule to ensure optimal visitor services. During peak seasons, we recommend
extended hours 7-days per week. During slower seasons, we recommend a more limited
schedule, supplemented by the other visitor spaces that we operate along Clearwater Beach.
Should we be selected to operate this space, we are prepared to review an acceptable schedule
in-depth alongside City staff.
Team members will operate independently, one-at-a-time in this space and will have all of the
necessary tools and resources to do so effectively. With shift changes and delivery access,
AMPLIFY will need access to 2 parking spaces on Clearwater Beach.
5.2 Management Plan
a. BVIC staff is accountable for daily maintenance, cleanliness and tidiness of the center itself.
BVIC staff relies upon AMPLIFY for non-routine maintenance and the City has a role in some
maintenance items per the specifications outlined in RFP #02-21.
BVIC staff is trained for response to a variety of challenges/issues. In addition to knowing when
to call 911, the BVIC staff has a directory of numbers to resolve visitor questions and any life safety
issues.
19
TAB 6: RFP #02-21 Other Forms
20
EXCEPTIONS / ADDITIONAL MATERIAL / ADDENDA
Beach Visitor Information Center Operator RFP #02-21
Proposers shall indicate any and all exceptions taken to the provisions or specifications in this solicitation
document. Exceptions that surface elsewhere and that do not also appear under this section shall be
considered invalid and void and of no contractual significance.
Exceptions (mark one):
**Special Note – Any material exceptions taken to the City’s Terms and Conditions may render a
Proposal non-responsive.
No exceptions
Exceptions taken (describe--attach additional pages if needed)
Additional Materials submitted (mark one):
No additional materials have been included with this proposal
Additional Materials attached (describe--attach additional pages if needed)
Acknowledgement of addenda issued for this solicitation:
Prior to submitting a response to this solicitation, it is the vendor’s responsibility to confirm if any addenda
have been issued.
Addenda Number Initial to acknowledge receipt
Vendor Name Date:
21
VENDOR INFORMATION
Beach Visitor Information Center Operator RFP #02-21
Company Legal/Corporate Name:
Doing Business As (if different than above):
Address:
City: State: Zip: -
Phone: Fax:
E-Mail Address:Website:
DUNS #
Remit to Address (if different than above): Order from Address (if different from above):
Address: Address:
City: State: Zip: City: State: Zip:
Contact for Questions about this proposal:
Name: Fax:
Phone: E-Mail Address:
Day-to-Day Project Contact (if awarded):
Name: Fax:
Phone: E-Mail Address:
Certified Small Business
Certifying Agency:
Certified Minority, Woman or Disadvantaged Business Enterprise
Certifying Agency:
Provide supporting documentation for your certification, if applicable.
22
VENDOR CERTIFICATION OF PROPOSAL
Beach Visitor Information Center Operator RFP #02-21
By signing and submitting this Proposal, the Vendor certifies that:
a)It is under no legal prohibition to contract with the City of Clearwater.
b)It has read, understands, and is in compliance with the specifications, terms and conditions stated herein, as
well as its attachments, and any referenced documents.
c)It has no known, undisclosed conflicts of interest.
d)The prices offered were independently developed without consultation or collusion with any of the other
respondents or potential respondents or any other anti-competitive practices.
e)No offer of gifts, payments or other consideration were made to any City employee, officer, elected official, or
consultant who has or may have had a role in the procurement process for the services and or goods/materials
covered by this contract.
f)It understands the City of Clearwater may copy all parts of this response, including without limitation any
documents and/or materials copyrighted by the respondent, for internal use in evaluating respondent’s offer,
or in response to a public records request under Florida’s public records law (F.S. 119) or other applicable
law, subpoena, or other judicial process.
g)Respondent hereby warrants to the City that the respondent and each of its subcontractors (“Subcontractors”)
will comply with, and are contractually obligated to comply with, all Federal Immigration laws and regulations
that relate to their employees.
h)Respondent certifies that they are not in violation of section 6(j) of the Federal Export Administration Act and
not debarred by any Federal or public agency.
i)It will provide the materials or services specified in compliance with all Federal, State, and Local Statutes and
Rules if awarded by the City.
j)It is current in all obligations due to the City.
k)It will accept such terms and conditions in a resulting contract if awarded by the City.
l)The signatory is an officer or duly authorized agent of the respondent with full power and authority to submit
binding offers for the goods or services as specified herein.
ACCEPTED AND AGREED TO:
Company Name:
Signature:
Printed Name:
Title:
Date:
23
Procurement Division 100 S Myrtle Ave
Clearwater FL 33756-5520
PO Box 4748, 33758-4748 727-562-4633 Tel
v 11.2018
REQUEST FOR PROPOSALS
#02-21
Clearwater Beach Visitor Information Center Operator
October 8, 2020
NOTICE IS HEREBY GIVEN that sealed proposals will be received by the City of Clearwater (City) until
10:00 AM, Local Time, November 6, 2020 to provide for the operation of the Clearwater Beach Visitor
Information Center.
Brief Description: The City seeks an operator/management firm to provide public information
services at the Clearwater Beach Visitor Information Center (BVIC). The BVIC welcomes visitors
(local, national, and international) and provides a concierge-type service for the visitors to ask
questions about attractions, events, dining, transportation and other local points-of-interest.
Proposals 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.
Proposal 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 Procurement contact below:
This Request for Proposals is issued by:
Lori Vogel, CPPB
Procurement Manager
Lori.vogel@myclearwater.com
INSTRUCTIONS
Beach Visitor Information Center Operator 2 RFP #02-21
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 proposal. The City cannot be held responsible if a vendor
fails to receive any addenda issued. The City shall not be responsible for any oral changes to these
specifications made by any employees or officer of the City. Failure to acknowledge receipt of an
addendum may result in disqualification of a proposal.
i.3 VENDOR CONFERENCE / SITE VISIT: Yes No
Mandatory Attendance: Yes No
If so designated above, attendance is mandatory as a condition of submitting a proposal. 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: November 6, 2020
Time: 10:00 AM (Local Time)
The City will open all proposals properly and timely submitted and will record the names and other
information specified by law and rule. All proposals become the property of the City and will not be
returned except in the case of a late submission. Respondent names, as read at the bid opening,
will be posted on the City website. Once a notice of intent to award is posted or 30 days from day
of opening elapses, whichever occurs earlier, proposals are available for inspection by contacting
the Procurement Division.
i.5 PROPOSAL FIRM TIME: 120 Days from Opening
Proposal shall remain firm and unaltered after opening for the number of days shown above. The
City may accept the proposal, subject to successful contract negotiations, at any time during this
time.
i.6 PROPOSAL SECURITY: Yes No
If so designated above, a proposal security in the amount specified must be submitted with the
proposal. The security may be submitted in any one of the following forms: an executed surety
bond issued by a firm licensed and registered to transact such business with the State of Florida;
cash; certified check, or cashier's check payable to the City of Clearwater (personal or company
checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial
institution and acceptable to the City. Such proposal security shall be forfeited to the City of
Clearwater should the proposer selected fail to execute a contract when requested.
PERFORMANCE SECURITY: Yes No
If required herein, the Contractor, simultaneously with the execution of the Contract, will be required
to furnish a performance security. The security may be submitted in one-year increments and in
any one of the following forms: an executed surety bond issued by a firm licensed and registered
to transact such business with the State of Florida; cash; certified check, cashier's check or money
order payable to the City of Clearwater (personal and company checks are not acceptable);
certificate of deposit or any other form of deposit issued by a financial institution and acceptable to
the City. If the Contractor fails or refuses to fully comply with the terms and conditions of the
contract, the City shall have the right to use all or such part of said security as may be necessary
to reimburse the City for loss sustained by reason of such breach. The balance of said security, if
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any, will be returned to Contractor upon the expiration or termination of the contract.
i.7 PROPOSAL SUBMITTAL:
It is recommended that proposals are submitted electronically through our bids website at
https://www.myclearwater.com/business/rfp.
Companies may mail or hand-deliver proposals to the address below. Use label at the end of this
solicitation package. E-mail or fax submissions will not be accepted.
City of Clearwater
Attn: Procurement Division
100 S Myrtle Ave, 3rd 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 proposal that is not properly addressed and identified.
i.8 LATE PROPOSALS. The proposer assumes responsibility for having the proposal delivered on
time at the place specified. All proposals received after the date and time specified shall not be
considered and will be returned unopened to the proposer. The proposer assumes the risk of any
delay in the mail or in handling of the mail by employees of the City of Clearwater, or any private
courier, regardless whether sent by mail or by means of personal delivery. It shall not be sufficient
to show that you mailed or commenced delivery before the due date and time. All times are
Clearwater, Florida local times. The proposer agrees to accept the time stamp in the City’s
Procurement Office as the official time.
i.9 LOBBYING. The integrity of the procurement process is critical. Communication regarding this
solicitation for purpose of influencing the process or the award, between any person or affiliates
seeking an award from this solicitation and the City is strongly discouraged. This does not prohibit
public comment at any City Council meeting, study session or Council committee meeting.
This shall not apply to vendor-initiated communication with the contact(s) identified in the
solicitation or City-initiated communications for the purposes of conducting the procurement
including but not limited to pre-bid conferences, clarification of responses, presentations if provided
in the solicitation, requests for Best and Final Proposals, contract negotiations, protest/appeal
resolution, or surveying non-responsive vendors.
i.10 COMMENCEMENT OF WORK. If proposer begins any billable work prior to the City’s final
approval and execution of the contract, proposer does so at its own risk.
i.11 RESPONSIBILITY TO READ AND UNDERSTAND. Failure to read, examine and understand the
solicitation will not excuse any failure to comply with the requirements of the solicitation or any
resulting contract, nor shall such failure be a basis for claiming additional compensation. If a vendor
suspects an error, omission or discrepancy in this solicitation, the vendor must immediately and in
any case not later than (seven (7) business days in advance of the due date notify the contact on
page one (1). The City is not responsible for and will not pay any costs associated with the
preparation and submission of the proposal. Proposers are cautioned to verify their proposals
before submission, as amendments to or withdrawal of proposals submitted after time specified for
opening of proposals may not be considered. The City will not be responsible for any proposer
errors or omissions.
i.12 FORM AND CONTENT OF PROPOSALS. Unless otherwise instructed or allowed, proposals shall
be submitted on the forms provided. An original and the designated number of copies of each
proposal are required. Proposals, including modifications, must be submitted in ink, typed, or
printed form and signed by an authorized representative. Please line through and initial rather than
erase changes. If the proposal is not properly signed or if any changes are not initialed, it may be
considered non-responsive. In the event of a disparity between the unit price and the extended
price, the unit price shall prevail unless obviously in error, as determined by the City. The City may
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require that an electronic copy of the proposal be submitted. The proposal must provide all
information requested and must address all points. The City does not encourage exceptions. The
City is not required to grant exceptions and depending on the exception, the City may reject the
proposal.
i.13 SPECIFICATIONS. Technical specifications define the minimum acceptable standard. When the
specification calls for “Brand Name or Equal,” the brand name product is acceptable. Other
products will be considered upon showing the other product meets stated specifications and is
equivalent to the brand product in terms of quality, performance and desired characteristics.
Minor differences that do not affect the suitability of the supply or service for the City’s needs may
be accepted. Burden of proof that the product meets the minimum standards or is equal to the
brand name product is on the proposer. The City reserves the right to reject proposals that the City
deems unacceptable.
i.14 MODIFICATION / WITHDRAWAL OF PROPOSAL. Written requests to modify or withdraw the
proposal received by the City prior to the scheduled opening time will be accepted and will be
corrected after opening. No oral requests will be allowed. Requests must be addressed and
labeled in the same manner as the proposal and marked as a MODIFICATION or WITHDRAWAL
of the proposal. Requests for withdrawal after the bid opening will only be granted upon proof of
undue hardship and may result in the forfeiture of any proposal security. Any withdrawal after the
bid opening shall be allowed solely at the City’s discretion.
i.15 DEBARMENT DISCLOSURE. If the vendor submitting a proposal has been debarred, suspended,
or otherwise lawfully precluded from participating in any public procurement activity, including being
disapproved as a subcontractor with any federal, state, or local government, or if any such
preclusion from participation from any public procurement activity is currently pending, the proposer
shall include a letter with its proposal identifying the name and address of the governmental unit,
the effective date of this suspension or debarment, the duration of the suspension or debarment,
and the relevant circumstances relating to the suspension or debarment. If suspension or
debarment is currently pending, a detailed description of all relevant circumstances including the
details enumerated above must be provided. A proposal from a proposer who is currently debarred,
suspended or otherwise lawfully prohibited from any public procurement activity may be rejected.
i.16 RESERVATIONS. The City reserves the right to reject any or all proposals or any part thereof; to
rebid the solicitation; to reject non-responsive or non-responsible proposals; to reject unbalanced
proposals; to reject proposals where the terms, prices, and/or awards are conditioned upon another
event; to reject individual proposals for failure to meet any requirement; to award by item, part or
portion of an item, group of items, or total; to make multiple awards; to waive minor irregularities,
defects, omissions, technicalities or form errors in any proposal. The City may seek clarification of
the proposal from proposer at any time, and failure to respond is cause for rejection. Submission
of a proposal confers on proposer no right to an award or to a subsequent contract. The City is
responsible to make an award that is in the best interest of the City. All decisions on compliance,
evaluation, terms and conditions shall be made solely at the City’s discretion and made to favor the
City. No binding contract will exist between the proposer and the City until the City executes a
written contract or purchase order.
i.17 OFFICIAL SOLICITATION DOCUMENT. Changes to the solicitation document made by a
proposer may not be acknowledged or accepted by the City. Award or execution of a contract does
not constitute acceptance of a changed term, condition or specification unless specifically
acknowledged and agreed to by the City. The copy maintained and published by the City shall be
the official solicitation document.
i.18 COPYING OF PROPOSALS. Proposer hereby grants the City permission to copy all parts of its
proposal, including without limitation any documents and/or materials copyrighted by the proposer.
The City’s right to copy shall be for internal use in evaluating the proposal.
i.19 CONTRACTOR ETHICS. It is the intention of the City to promote courtesy, fairness, impartiality,
integrity, service, professionalism, economy, and government by law in the Procurement process.
The responsibility for implementing this policy rests with each individual who participates in the
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Procurement process, including Respondents and Contractors.
To achieve this purpose, it is essential that Respondents and Contractors doing business with the
City also observe the ethical standards prescribed herein. It shall be a breach of ethical standards
to:
a. Exert any effort to influence any City employee or agent to breach the standards of ethical
conduct.
b. Intentionally invoice any amount greater than provided in Contract or to invoice for Materials or
Services not provided.
c. Intentionally offer or provide sub-standard Materials or Services or to intentionally not comply
with any term, condition, specification or other requirement of a City Contract.
i.20 GIFTS. The City will accept no gifts, gratuities or advertising products from proposers or
prospective proposers and affiliates. The City may request product samples from vendors for
product evaluation.
i.21 PROTESTS AND APPEALS. If a Respondent believes there is a mistake, impropriety, or defect
in the solicitation, believes the City improperly rejected its proposal, and/or believes the selected
proposal is not in the City’s best interests, the Respondent may submit a written protest. All protests
and appeals are governed by the City of Clearwater Purchasing Policy and Procedures Section 18
(“Purchasing Policy”). If there exists any discrepancy in this Section i.21 and the Purchasing Policy,
the language of the Purchasing Policy controls.
Protests based upon alleged mistake, impropriety, or defect in a solicitation that is apparent before
the bid opening must be filed with the Procurement Manager no later than five (5) business days
before Bid Opening. Protests that only become apparent after the Bid Opening must be filed within
the earlier of ten (10) business days of the alleged violation of the applicable purchasing ordinance.
The complete protest procedure can be obtained by contacting 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
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i.22 EVALUATION PROCESS. Proposals will be reviewed by a screening committee comprised of
City employees. The City staff may or may not initiate discussions with proposers for clarification
purposes. Clarification is not an opportunity to change the proposal. Proposers shall not initiate
discussions with any City employee or official.
i.23 CRITERIA FOR EVALUATION AND AWARD. The City evaluates three (3) categories of
information: responsiveness, responsibility, the technical proposal/price. All proposals must meet
the following responsiveness and responsibility criteria.
a) Responsiveness. The City will determine whether the proposal complies with the instructions
for submitting proposals including completeness of proposal which encompasses the inclusion
of all required attachments and submissions. The City must reject any proposals that are
submitted late. Failure to meet other requirements may result in rejection.
b) Responsibility. The City will determine whether the proposer is one with whom it can or should
do business. Factors that the City may evaluate to determine "responsibility" include, but are
not limited to: excessively high or low priced proposals, past performance, references
(including those found outside the proposal), compliance with applicable laws, proposer's
record of performance and integrity- e.g. has the proposer been delinquent or unfaithful to any
contract with the City, whether the proposer is qualified legally to contract with the City,
financial stability and the perceived ability to perform completely as specified. A proposer
must 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 proposer’s facilities, equipment and personnel and those of any
identified subcontractors. The City will determine whether any failure to supply information, or
the quality of the information, will result in rejection.
c) Technical Proposal. The City will determine how well proposals meet its requirements in terms
of the response to the specifications and how well the offer addresses the needs of the project.
The City will rank offers using a point ranking system (unless otherwise specified) as an aid
in conducting the evaluation.
d) If less than three (3) responsive proposals are received, at the City’s sole discretion, the
proposals may be evaluated using simple comparative analysis instead of any announced
method of evaluation, subject to meeting administrative and responsibility requirements.
For this RFP, the criteria that will be evaluated and their relative weights are:
Evaluation Criteria (response elements pgs. 22-23) Points
Demonstrated Experience and References (Tab 2) 30
Overall Approach (Tab 3) 30
Financial Plan (Tab 4) 20
Operational & Management Plans (Tab 5) 20
i.24 SHORT-LISTING. The City at its sole discretion may create a short-list of the highest scored
proposals based on evaluation against the evaluation criteria. Short-listed proposers may be
invited to give presentations and/or interviews. Upon conclusion of any presentations/interviews,
the City will finalize the ranking of shortlisted firms.
i.25 PRESENTATIONS/INTERVIEWS Presentations and/or interviews may be requested at the City’s
discretion. The location for these presentations and/or interviews will be determined by the City
and may be held virtually.
i.26 BEST & FINAL OFFERS. The City may request best & final offers if deemed necessary, and will
determine the scope and subject of any best & final request. However, the proposer should not
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expect that the City will ask for best & finals and should submit their best offer based on the terms
and conditions set forth in this solicitation.
i.27 COST JUSTIFICATION. In the event only one response is received, the City may require that the
proposer submit a cost proposal in sufficient detail for the City to perform a cost/price analysis to
determine if the proposal price is fair and reasonable.
i.28 CONTRACT NEGOTIATIONS AND ACCEPTANCE. Proposer must be prepared for the City to
accept the proposal as submitted. If proposer fails to sign all documents necessary to successfully
execute the final contract within a reasonable time as specified, or negotiations do not result in an
acceptable agreement, the City may reject proposal or revoke the award, and may begin
negotiations with another proposer. Final contract terms must be approved or signed by the
appropriately authorized City official(s). No binding contract will exist between the proposer and
the City until the City executes a written contract or purchase order.
i.29 NOTICE OF INTENT TO AWARD. Notices of the City’s intent to award a Contract are posted to
Purchasing’s website. It is the proposer’s responsibility to check the City of Clearwater’s
website at https://www.myclearwater.com/business/rfp to view relevant RFP information and
notices.
i.30 RFP TIMELINE. Dates are tentative and subject to change.
Release RFP: October 8, 2020
Advertise Tampa Bay Times: October 14, 2020
Responses due: November 6, 2020
Review proposals: November 9-13, 2020
Presentations (if requested): November 19, 2020
Award recommendation: November 20, 2020
Council authorization: January 2021
Contract begins: February 1, 2021
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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
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in writing by Contractor that they are prohibited from the manufacture, distribution,
dispensation, possession, or unlawful use of a controlled substance in the workplace.
Contractor agrees to prohibit the use of intoxicating substances by all Contractor personnel,
and will ensure that Contractor personnel do not use or possess illegal drugs while in the course
of performing their duties.
c. Federal and State Immigration Laws. Contractor agrees to comply with the Immigration
Reform and Control Act of 1986 (IRCA) in performance under this Agreement and to permit the
City and its agents to inspect applicable personnel records to verify such compliance as
permitted by law. Contractor will ensure and keep appropriate records to demonstrate that all
Contractor personnel have a legal right to live and work in the United States.
(i) As applicable to Contractor, under this provision, Contractor hereby warrants to the City
that Contractor and each of its subcontractors will comply with, and are contractually
obligated to comply with, all federal immigration laws and regulations that relate to their
employees (hereinafter “Contractor Immigration Warranty”).
(ii) A breach of the Contractor Immigration Warranty will constitute as a material breach of this
Agreement and will subject Contractor to penalties up to and including termination of this
Agreement at the sole discretion of the City.
(iii) The City retains the legal right to inspect the papers of all Contractor personnel who provide
services under this Agreement to ensure that Contractor or its subcontractors are
complying with the Contractor Immigration Warranty. Contractor agrees to assist the City
in regard to any such inspections.
(iv) The City may, at its sole discretion, conduct random verification of the employment records
of Contractor and any subcontractor to ensure compliance with the Contractor Immigration
Warranty. Contractor agrees to assist the City in regard to any random verification
performed.
(v) Neither Contractor nor any subcontractor will be deemed to have materially breached the
Contractor Immigration Warranty if Contractor or subcontractor establishes that it has
complied with the employment verification provisions prescribed by Sections 274A and
274B of the Federal Immigration and Nationality Act.
d. Nondiscrimination. Contractor represents and warrants that it does not discriminate against
any employee or applicant for employment or person to whom it provides services because of
race, color, religion, sex, national origin, or disability, and represents and warrants that it
complies with all applicable federal, state, and local laws and executive orders regarding
employment. Contractor and Contractor’s personnel will comply with applicable provisions of
Title VII of the U.S. Civil Rights Act of 1964, as amended, Section 504 of the Federal
Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), and
applicable rules in performance under this Agreement.
S.11 SALES/USE TAX, OTHER TAXES.
a. Contractor is responsible for the payment of all taxes including federal, state, and local taxes
related to or arising out of Contractor’s services under this Agreement, including by way of
illustration but not limitation, federal and state income tax, Social Security tax, unemployment
insurance taxes, and any other taxes or business license fees as required. If any taxing
authority should deem Contractor or Contractor employees an employee of the City, or should
otherwise claim the City is liable for the payment of taxes that are Contractor’s responsibility
under this Agreement, Contractor will indemnify the City for any tax liability, interest, and
penalties imposed upon the City.
b. The City is exempt from paying state and local sales/use taxes and certain federal excise taxes
and will furnish an exemption certificate upon request.
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S.12 AMOUNTS DUE THE CITY. Contractor must be current and remain current in all obligations due
to the City during the performance of services under the Agreement. Payments to Contractor may
be offset by any delinquent amounts due the City or fees and charges owed to the City.
S.13 OPENNESS OF PROCUREMENT PROCESS. Written competitive proposals, replies, oral
presentations, meetings where vendors answer questions, other submissions, correspondence,
and all records made thereof, as well as negotiations or meetings where negotiation strategies are
discussed, conducted pursuant to this RFP, shall be handled in compliance with Chapters 119 and
286, Florida Statutes.
Proposals or replies received by the City pursuant to this RFP are exempt from public disclosure
until such time that the City provides notice of an intended decision or until 30 days after opening
the proposals, whichever is earlier. If the City rejects all proposals or replies pursuant to this RFP
and provides notice of its intent to reissue the RFP, then the rejected proposals or replies remain
exempt from public disclosure until such time that the City provides notice of an intended decision
concerning the reissued RFP or until the City withdraws the reissued RFP. A proposal or reply shall
not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all
proposals or replies.
Oral presentations, meetings where vendors answer questions, or meetings convened by City staff
to discuss negotiation strategies, if any, shall be closed to the public (and other proposers) in
compliance with Chapter 286 Florida Statutes. A complete recording shall be made of such closed
meeting. The 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 RFP and provides notice of its intent to reissue the RFP, then the recording and any records
presented at the exempt meeting remain exempt from public disclosure until such time that the City
provides notice of an intended decision concerning the reissued RFP or until the City withdraws
the reissued RFP. A recording and any records presented at an exempt meeting shall not be
exempt from public disclosure longer than 12 months after the initial City notice rejecting all
proposals or replies.
In addition to all other contract requirements as provided by law, the contractor executing
this agreement agrees to comply with public records law.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER
119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS, Rosemarie Call, phone: 727-562-4092 or Rosemarie.Call@myclearwater.com,
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.
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d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in
possession of the contractor or keep and maintain public records required by the public agency
to perform the service. If the contractor transfers all public records to the public agency upon
completion of the contract, the contractor shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements. If the
contractor keeps and maintains public records upon completion of the contract, the contractor
shall meet all applicable requirements for retaining public records. All records stored
electronically must be provided to the public agency, upon request from the public agency’s
custodian of public records, in a format that is compatible with the information technology
systems of the public agency.
e) A request to inspect or copy public records relating to a public agency’s contract for services
must be made directly to the public agency. If the public agency does not possess the
requested records, the public agency shall immediately notify the contractor of the request and
the contractor must provide the records to the public agency or allow the records to be
inspected or copied within a reasonable time.
f) The contractor hereby acknowledges and agrees that if the contractor does not comply with
the public agency’s request for records, the public agency shall enforce the contract provisions
in accordance with the contract.
g) A contractor who fails to provide the public records to the public agency within a reasonable
time may be subject to penalties under Section 119.10, Florida Statutes.
h) If a civil action is filed against a contractor to compel production of public records relating to a
public agency’s contract for services, the court shall assess and award against the contractor
the reasonable costs of enforcement, including reasonable attorney fees, if:
1. The court determines that the contractor unlawfully refused to comply with the public
records request within a reasonable time; and
2. At least eight (8) business days before filing the action, the plaintiff provided written
notice of the public records request, including a statement that the contractor has not
complied with the request, to the public agency and to the contractor.
i) A notice complies with subparagraph (h)2. if it is sent to the public agency’s custodian of public
records and to the contractor at the contractor’s address listed on its contract with the public
agency or to the contractor’s registered agent. Such notices must be sent by common carrier
delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or
shipping paid by the sender and with evidence of delivery, which may be in an electronic format.
A contractor who complies with a public records request within 8 business days after the notice is
sent is not liable for the reasonable costs of enforcement.
S.14 AUDITS AND RECORDS. Contractor must preserve the records related to this Agreement for five
(5) years after completion of the Agreement. The City or its authorized agent reserves the right to
inspect any records related to the performance of work specified herein. In addition, the City may
inspect any and all payroll, billing or other relevant records kept by Contractor in relation to the
Agreement. Contractor will permit such inspections and audits during normal business hours and
upon reasonable notice by the City. The audit of records may occur at Contractor’s place of
business or at City offices, as determined by the City.
S.15 BACKGROUND CHECK. The City may conduct criminal, driver history, and all other requested
background checks of Contractor personnel who would perform services under the Agreement or
who will have access to the City’s information, data, or facilities in accordance with the City’s current
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background check policies. Any officer, employee, or agent that fails the background check must
be replaced immediately for any reasonable cause not prohibited by law.
S.16 SECURITY CLEARANCE AND REMOVAL OF CONTRACTOR PERSONNEL. The City will
have final authority, based on security reasons: (i) to determine when security clearance of
Contractor personnel is required; (ii) to determine the nature of the security clearance, up to and
including fingerprinting Contractor personnel; and (iii) to determine whether or not any individual or
entity may provide services under this Agreement. If the City objects to any Contractor personnel
for any reasonable cause not prohibited by law, then Contractor will, upon notice from the City,
remove any such individual from performance of services under this Agreement.
S.17 DEFAULT.
a. A party will be in default if that party:
(i) Is or becomes insolvent or is a party to any voluntary bankruptcy or receivership
proceeding, makes an assignment for a creditor, or there is any similar action that affects
Contractor’s capability to perform under the Agreement;
(ii) Is the subject of a petition for involuntary bankruptcy not removed within sixty (60) calendar
days;
(iii) Conducts business in an unethical manner or in an illegal manner; or
(iv) Fails to carry out any term, promise, or condition of the Agreement.
b. Contractor will be in default of this Agreement if Contractor is debarred from participating in
City procurements and solicitations in accordance with Section 27 of the City’s Purchasing and
Procedures Manual.
c. Notice and Opportunity to Cure. In the event a party is in default then the other party may,
at its option and at any time, provide written notice to the defaulting party of the default. The
defaulting party will have thirty (30) days from receipt of the notice to cure the default; the thirty
(30) day cure period may be extended by mutual agreement of the parties, but no cure period
may exceed ninety (90) days. A default notice will be deemed to be sufficient if it is reasonably
calculated to provide notice of the nature and extent of such default. Failure of the non-
defaulting party to provide notice of the default does not waive any rights under the Agreement.
d. Anticipatory Repudiation. Whenever the City in good faith has reason to question
Contractor’s intent or ability to perform, the City may demand that Contractor give a written
assurance of its intent and ability to perform. In the event that the demand is made and no
written assurance is given within five (5) calendar days, the City may treat this failure as an
anticipatory repudiation of the Agreement.
S.18 REMEDIES. The remedies set forth in this Agreement are not exclusive. Election of one remedy
will not preclude the use of other remedies. In the event of default:
a. The non-defaulting party may terminate the Agreement, and the termination will be effective
immediately or at such other date as specified by the terminating party.
b. The City may purchase the services required under the Agreement from the open market,
complete required work itself, or have it completed at the expense of Contractor. If the cost of
obtaining substitute services exceeds the contract price, the City may recover the excess cost
by: (i) requiring immediate reimbursement to the City; (ii) deduction from an unpaid balance
due to Contractor; (iii) collection against the proposal and/or performance security, if any; (iv)
collection against liquidated damages (if applicable); or (v) a combination of the
aforementioned remedies or other remedies as provided by law. Costs includes any and all,
fees, and expenses incurred in obtaining substitute services and expended in obtaining
reimbursement, including, but not limited to, administrative expenses, attorneys’ fees, and
costs.
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Beach Visitor Information Center Operator 13 RFP #02-21
c. The non-defaulting party will have all other rights granted under this Agreement and all rights
at law or in equity that may be available to it.
d. Neither party will be liable for incidental, special, or consequential damages.
S.19 CONTINUATION DURING DISPUTES. Contractor agrees that during any dispute between the
parties, Contractor will continue to perform its obligations until the dispute is settled, instructed to
cease performance by the City, enjoined or prohibited by judicial action, or otherwise required or
obligated to cease performance by other provisions in this Agreement.
S.20 TERMINATION FOR CONVENIENCE. The City reserves the right to terminate this Agreement in
part or in whole upon thirty (30) calendar days’ written notice.
S.21 CONFLICT OF INTEREST F.S. Section 112. Pursuant to F.S. Section 112, the City may cancel
this Agreement after its execution, without penalty or further obligation, if any person significantly
involved in initiating, securing, drafting, or creating the Agreement for the City becomes an
employee or agent of Contractor.
S.22 TERMINATION FOR NON-APPROPRIATION AND MODIFICATION FOR BUDGETARY
CONSTRAINT. The City is a governmental agency which relies upon the appropriation of funds
by its governing body to satisfy its obligations. If the City reasonably determines that it does not
have funds to meet its obligations under this Agreement, the City will have the right to terminate
the Agreement without penalty on the last day of the fiscal period for which funds were legally
available. In the event of such termination, the City agrees to provide written notice of its intent to
terminate thirty (30) calendar days prior to the stated termination date.
S.23 PAYMENT TO CONTRACTOR UPON TERMINATION. Upon termination of this Agreement,
Contractor will be entitled only to payment for those services performed up to the date of
termination, and any authorized expenses already incurred up to such date of termination. The
City will make final payment within thirty (30) calendar days after the City has both completed its
appraisal of the materials and services provided and received Contractor’s properly prepared final
invoice.
S.24 NON-WAIVER OF RIGHTS. There will be no waiver of any provision of this agreement unless
approved in writing and signed by the waiving party. Failure or delay to exercise any rights or
remedies provided herein or by law or in equity, or the acceptance of, or payment for, any services
hereunder, will not release the other party of any of the warranties or other obligations of the
Agreement and will not be deemed a waiver of any such rights or remedies.
S.25 INDEMNIFICATION/LIABILITY.
a. To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold the
City, its officers, agents, and employees, harmless from and against any and all liabilities,
demands, claims, suits, losses, damages, causes of action, fines or judgments, including costs,
attorneys’, witnesses’, and expert witnesses’ fees, and expenses incident thereto, relating to,
arising out of, or resulting from: (i) the services provided by Contractor personnel under this
Agreement; (ii) any negligent acts, errors, mistakes or omissions by Contractor or Contractor
personnel; and (iii) Contractor or Contractor personnel’s failure to comply with or fulfill the
obligations established by this Agreement.
b. Contractor will update the City during the course of the litigation to timely notify the City of any
issues that may involve the independent negligence of the City that is not covered by this
indemnification.
c. The City assumes no liability for actions of Contractor and will not indemnify or hold Contractor
or any third party harmless for claims based on this Agreement or use of Contractor-provided
supplies or services.
S.26 WARRANTY. Contractor warrants that the services and materials will conform to the requirements
of the Agreement. Additionally, Contractor warrants that all services will be performed in a good,
workman-like and professional manner. The City’s acceptance of service or materials provided by
Contractor will not relieve Contractor from its obligations under this warranty. If any materials or
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Beach Visitor Information Center Operator 14 RFP #02-21
services are of a substandard or unsatisfactory manner as determined by the City, Contractor, at
no additional charge to the City, will provide materials or redo such services until in accordance
with this Agreement and to the City’s reasonable satisfaction.
Unless otherwise agreed, Contractor warrants that materials will be new, unused, of most current
manufacture and not discontinued, will be free of defects in materials and workmanship, will be
provided in accordance with manufacturer's standard warranty for at least one (1) year unless
otherwise specified, and will perform in accordance with manufacturer's published specifications.
S.27 THE CITY’S RIGHT TO RECOVER AGAINST THIRD PARTIES. Contractor will do nothing to
prejudice the City’s right to recover against third parties for any loss, destruction, or damage to City
property, and will at the City’s request and expense, furnish to the City reasonable assistance and
cooperation, including assistance in the prosecution or defense of suit and the execution of
instruments of assignment in favor of the City in obtaining recovery.
S.28 NO GUARANTEE OF WORK. Contractor acknowledges and agrees that it is not entitled to deliver
any specific amount of materials or services or any materials or services at all under this Agreement
and acknowledges and agrees that the materials or services will be requested by the City on an as
needed basis at the sole discretion of the City. Any document referencing quantities or
performance frequencies represent the City's best estimate of current requirements, but will not
bind the City to purchase, accept, or pay for materials or services which exceed its actual needs.
S.29 OWNERSHIP. All deliverables, services, and information provided by Contractor or the City
pursuant to this Agreement (whether electronically or manually generated) including without
limitation, reports, test plans, and survey results, graphics, and technical tables, originally prepared
in the performance of this Agreement, are the property of the City and will not be used or released
by Contractor or any other person except with prior written permission by the City.
S.30 USE OF NAME. Contractor will not use the name of the City of Clearwater in any advertising or
publicity without obtaining the prior written consent of the City.
S.31 PROHIBITED ACTS. Pursuant to Florida Constitution Article II Section 8, a current or former public
officer or employee within the last two (2) years shall not represent another organization before the
City on any matter for which the officer or employee was directly concerned and personally
participated in during their service or employment or over which they had a substantial or material
administrative discretion.
S.32 FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB destination
freight prepaid and allowed unless otherwise agreed.
S.33 RISK OF LOSS. Contractor agrees to bear all risks of loss, injury, or destruction of goods or
equipment incidental to providing these services and such loss, injury, or destruction will not release
Contractor from any obligation hereunder.
S.34 SAFEGUARDING CITY PROPERTY. Contractor will be responsible for any damage to City real
property or damage or loss of City personal property when such property is the responsibility of or
in the custody of Contractor or its employees.
S.35 WARRANTY OF RIGHTS. Contractor warrants it has title to, or the right to allow the City to use,
the materials and services being provided and that the City may use same without suit, trouble or
hindrance from Contractor or third parties.
S.36 PROPRIETARY RIGHTS INDEMNIFICATION. Without limiting the foregoing, Contractor will
without limitation, at its expense defend the City against all claims asserted by any person that
anything provided by Contractor infringes a patent, copyright, trade secret or other intellectual
property right and must, without limitation, pay the costs, damages and attorneys' fees awarded
against the City in any such action, or pay any settlement of such action or claim. Each party agrees
to notify the other promptly of any matters to which this provision may apply and to cooperate with
each other in connection with such defense or settlement. If a preliminary or final judgment is
obtained against the City’s use or operation of the items provided by Contractor hereunder or any
part thereof by reason of any alleged infringement, Contractor will, at its expense and without
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Beach Visitor Information Center Operator 15 RFP #02-21
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 Division
and/or an authorized representative from the using department. All questions regarding the
contract will be referred to the Procurement Division for resolution. Supplements may be written to
the contract for the addition or deletion of services.
S.38 FORCE MAJEURE. Failure by either party to perform its duties and obligations will be excused by
unforeseeable circumstances beyond its reasonable control, including acts of nature, acts of the
public enemy, riots, fire, explosion, legislation, and governmental regulation. The party whose
performance is so affected will within five (5) calendar days of the unforeseeable circumstance
notify the other party of all pertinent facts and identify the force majeure event. The party whose
performance is so affected must also take all reasonable steps, promptly and diligently, to prevent
such causes if it is feasible to do so, or to minimize or eliminate the effect thereof. The delivery or
performance date will be extended for a period equal to the time lost by reason of delay, plus such
additional time as may be reasonably necessary to overcome the effect of the delay, provided
however, under no circumstances will delays caused by a force majeure extend beyond one
hundred-twenty (120) calendar days from the scheduled delivery or completion date of a task
unless agreed upon by the parties.
S.39 COOPERATIVE USE OF CONTRACT. The City has entered into various cooperative purchasing
agreements with other Florida government agencies, including the Tampa Bay Area Purchasing
Cooperative. Under a Cooperative Purchasing Agreement, any contract may be extended for use
by other municipalities, school districts and government agencies with the approval of Contractor.
Any such usage by other entities must be in accordance with the statutes, codes, ordinances,
charter and/or procurement rules and regulations of the respective government agency.
Orders placed by other agencies and payment thereof will be the sole responsibility of that agency.
The City is not responsible for any disputes arising out of transactions made by others.
S.40 FUEL CHARGES AND PRICE INCREASES. No fuel surcharges will be accepted. No price
increases will be accepted without proper request by Contractor and response by the City’s
Procurement Division.
S.41 NOTICES. All notices to be given pursuant to this Agreement must be delivered to the parties at
their respective addresses. Notices may be (i) personally delivered; (ii) sent via certified or
registered mail, postage prepaid; (iii) sent via overnight courier; or (iv) sent via facsimile. If provided
by personal delivery, receipt will be deemed effective upon delivery. If sent via certified or
registered mail, receipt will be deemed effective three (3) calendar days after being deposited in
the United States mail. If sent via overnight courier or facsimile, receipt will be deemed effective
two (2) calendar days after the sending thereof.
S.42 GOVERNING LAW, VENUE. This Agreement is governed by the laws of the State of Florida. The
exclusive venue selected for any proceeding or suit in law or equity arising from or incident to this
Agreement will be Pinellas County, Florida.
S.43 INTEGRATION CLAUSE. This Agreement, including all attachments and exhibits hereto,
supersede all prior oral or written agreements, if any, between the parties and constitutes the entire
agreement between the parties with respect to the work to be performed.
S.44 PROVISIONS REQUIRED BY LAW. Any provision required by law to be in this Agreement is a
part of this Agreement as if fully stated in it.
S.45 SEVERABILITY. If any provision of this Agreement is declared void or unenforceable, such
provision will be severed from this Agreement, which will otherwise remain in full force and effect.
The parties will negotiate diligently in good faith for such amendment(s) of this Agreement as may
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Beach Visitor Information Center Operator 16 RFP #02-21
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
Beach Visitor Information Center Operator 17 RFP #02-21
1. PROJECT MISSION. The City of Clearwater (City) 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. PROJECT GOAL. The City seeks an operator/management firm to provide public information
services at the Clearwater Beach Visitor Information Center (BVIC). The BVIC welcomes visitors
(local, national, and international) and provides a concierge-type service for the visitors to ask
questions about attractions, events, dining, transportation and other local points-of-interest.
3. BACKGROUND. The City of Clearwater is a coastal community in west central Florida and the
third largest city in the Tampa Bay region with an estimated 116,885 residents. The City’s 25.9‐
square mile incorporated area spans the Pinellas County peninsula between the Gulf of Mexico
and Tampa Bay.
Clearwater Beach is an international tourist destination that brings millions of tourists to Pinellas
County annually. The destination was selected as the “Number One Beach in America” in the 2018
and 2019 TripAdvisor Travelers’ Choice Awards and regularly ranks as a top vacation destination
in both domestic and international publications.
An ideal year-round destination for travelers of all ages and interests, Clearwater boasts miles of
pristine “sugar white” sand public beaches, lifeguards on duty 365 days a year, and a wide variety
of casual and fine dining options. Clearwater Marine Aquarium remains a consistent draw for
visitors and is nationally recognized for its groundbreaking work in marine rescue, rehabilitation
and release. Along with extensive outdoor activities available for visitors both on land and at sea,
the city is home to world-renowned sporting and music events. The City maintains a website for
tourism information at www.visitclearwaterflorida.com.
The Clearwater Beach Visitor Information Center is an important component of the City’s tourism
focus. The BVIC, built in 2002, is located at 1 Causeway Blvd, adjacent to the Pier 60 playground
on Clearwater Beach, just west of the Municipal Marina. The BVIC has received approximately
40,000 visitors per year over the past five (5) years. The building is a 15-foot x 20-foot air-
conditioned, concrete block structure, of tropical seascape design, compatible with existing beach
buildings.
4. SCOPE OF WORK. The BVIC building will be provided to the operator rent-free for the term of the
contract and shall be open to serve the public, excluding specific holidays (Thanksgiving,
Christmas, and others as negotiated). The City will provide an alarm system, phone and internet
connections (not services), internal furnishings and brochure racks. Major maintenance to preserve
the structural integrity of the building and building systems such as lights, electrical circuits and air
conditioning shall be the responsibility of the City. The City will provide an annual subsidy, settled
during contract negotiations, to the BVIC operator as well as two (2) reserved parking spaces, at
no charge, within proximity of building.
The BVIC operator shall offer the highest quality of public information services to citizens, visitors
and businesses. Information to be provided at the center should include local attractions,
restaurants, accommodations, transportation, special events, City services, and other as may be
appropriate.
The BVIC operator shall maintain open communication with other welcome centers located in the
surrounding area of Tampa Bay and Visit St. Pete/Clearwater (Pinellas County Convention and
Visitors Bureau), providing essential information as to the condition of traffic, parking, weather, red
tide, events, activities and other information deemed appropriate. Preference will be given to those
operators that can demonstrate viable partnerships or opportunities with Visit St. Pete/Clearwater
(VSPC) and Bandwagon, LLC (the agency with which the City has contracted for tourism public
relations and marketing services) for any coordinated marketing efforts. Respondents shall provide
a strategy to communicate services and information between others within the industry and act in
DETAILED SPECIFICATIONS
Beach Visitor Information Center Operator 18 RFP #02-21
accordance with all public and private partnerships.
The BVIC shall be staffed with the appropriate number of employees to serve the needs of the
public. Respondents shall designate a facility manager and outline a plan for staffing the center
during hours of operation, which may change during peak and off-peak tourism seasons. The
operator will ensure that all persons (whether paid staff or volunteers) working at the center are
qualified to perform their duties.
All equipment, merchandise and supplies to maintain operation of the BVIC shall be the
responsibility of the operator. The operator shall pay utilities, operational expenses, sales and
property taxes, and costs associated with applicable insurance requirements. The operator shall
acquire all necessary permits and licenses and shall comply with all requirements of the Americans
with Disabilities Act. The BVIC must be maintained in good condition, clean and free of debris.
The BVIC shall remain open to the public during 10-20 annual signature events, even if outside
normal operating hours. Prior to and during signature events, activities and programs affecting
Clearwater, the operator will maintain communication with the City of Clearwater Parks and
Recreation Special Events Administration staff and collaborate with center staff to ensure that
services and information provided to the public corresponds with that of the City and event
managers.
The BVIC operator may sell City-approved sundry items that promote Clearwater, its businesses
and attractions, including postcards, souvenirs, maps, etc.
The operator may sell advertising space and disseminate advertising publications and other related
information, to be approved by the City. The operator will not promote businesses outside of the
city limits of Clearwater unless it is a unique attraction or business that complements Clearwater
business offerings, to be approved by the City.
The operator shall furnish quarterly reports identifying the number of clients served, the cost of
services, and a commentary on the viability, effectiveness and trends affecting the BVIC.
The sale or use of alcoholic beverages, unfair business promotion practices, and the use of the
BVIC as another business or advertising facility is prohibited.
5. MINIMUM QUALIFICATIONS. The operator and its managers should have a minimum of five (5)
years similar experience and be skilled in running a visitors’ center efficiently and effectively. Must
be registered to do business in the City of Clearwater.
6. 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
DETAILED SPECIFICATIONS
Beach Visitor Information Center Operator 19 RFP #02-21
borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars)
combined single limit.
c. Professional Liability/Malpractice/Errors or Omissions Insurance coverage appropriate
for the type of business engaged in by the Respondent with minimum limits of $2,000,000 (two
million dollars) per occurrence. If a claims made form of coverage is provided, the retroactive
date of coverage shall be no later than the inception date of claims made coverage, unless the
prior policy was extended indefinitely to cover prior acts. Coverage shall be extended beyond
the policy year either by a supplemental extended reporting period (SERP) of as great a
duration as available, and with no less coverage and with reinstated aggregate limits, or by
requiring that any new policy provide a retroactive date no later than the inception date of claims
made coverage.
d. Unless waived by the State of Florida and proof of waiver is provided to the City, statutory
Workers’ Compensation Insurance coverage in accordance with the laws of the State of
Florida, and Employer’s Liability Insurance in the minimum amount of $500,000 (five
hundred thousand dollars) each employee each accident, $500,000 (five hundred thousand
dollars) each employee by disease, and $500,000 (five hundred thousand dollars) disease
policy limit. Coverage should include Voluntary Compensation, Jones Act, and U.S.
Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be
applicable to employees, contractors, subcontractors, and volunteers, if any.
The above insurance limits may be achieved by a combination of primary and
umbrella/excess liability policies.
e. If the operator 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.
Other Insurance Provisions.
a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the
insurance policy’s renewal date(s) for as long as this Agreement remains in effect, the Vendor
will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD certificate,
SIGNED by the Issuer, and with applicable endorsements) evidencing all of the coverage set
forth above and naming the City as an “Additional Insured” on the Commercial General Liability
Insurance and the Commercial Automobile Liability Insurance. In addition when requested in
writing from the City, Vendor will provide the City with certified copies of all applicable policies.
The address where such certificates and certified policies shall be sent or delivered is as
follows:
City of Clearwater
Attn: Procurement Division, RFP #02-21
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
DETAILED SPECIFICATIONS
Beach Visitor Information Center Operator 20 RFP #02-21
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
Beach Visitor Information Center Operator 21 RFP #02-21
1. ANTICIPATED BEGINNING AND END DATE OF INITIAL TERM. February 2021 through
September 2025.
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. PRICES. All pricing shall be firm for the term of the contract.
RESPONSE ELEMENTS
Beach Visitor Information Center Operator 22 RFP #02-21
a. PROPOSAL SUBMISSION. It is recommended that responses are submitted electronically
through our bids website at https://www.myclearwater.com/business/rfp.
For responses mailed and/or hand-delivered, firm must submit one (1) signed original (identified as
ORIGINAL) response, three (3) copies of the response and one (1) copy in an electronic format,
on a disc or thumb drive, in a sealed container using the label provided at the end of this solicitation.
NOTE: If submitting proposals electronically, copies are not required.
b. PROPOSAL FORMAT (the following should be included and referenced with index tabs)
NOTE: Every proposal received by the City will be considered a public record pursuant to
Chapter 119, Florida Statutes. Any response marked confidential may be deemed non-
responsive to this RFP.
Table of Contents: Identify contents by tab and page number
TAB 1 - Letter of Transmittal. A brief letter of transmittal should be submitted that includes the
following information:
1. The proposer’s understanding of the work to be performed.
2. A positive commitment to perform the service within the time period specified.
3. The names of key persons, representatives, project managers who will be the main
contacts for the City regarding this project.
TAB 2 – Demonstrated Experience of the Firm and Key Personnel and References. The
following information should be included:
1. A statement of qualifications, abilities, experience and expertise in providing the requested
services.
a. A description of what qualifies your company, financial and otherwise, to provide the
City with these services for the required period of time, provide appropriate staffing,
provide necessary resources and show a history of demonstrated competence.
b. Describe marketing and advertising experience with visitor information activities, and
experience raising funds.
c. Identification of senior and technical staff to be assigned to the City. Staff named in the
proposal may not be substituted without permission of the City. Resumes, including
relevant experience may be included.
2. References. A minimum of three (3) professional references must be provided,
preferably from other public entities within the State of Florida, for whom you have
provided similar services. Include the name of entity, contact person’s names, phone
numbers, e-mail addresses, mailing addresses, type of service provided, dates these
services were provided.
TAB 3 – Overall Approach. Your company’s approach to providing visitor information services to
Clearwater visitors. The following information should be included:
a. Describe in detail the information and any other services to be provided, the type of
advertising envisioned, and items to be sold.
b. An assessment of the proposer's abilities to meet and satisfy the needs of the City,
taking into consideration the requested services, additional services and/or expertise
offered that exceed the requirements, or the vendor's inability to meet some of the
requirements of the specifications.
c. Describe the benefits the City could expect should the respondent be awarded the
agreement to operate the BVIC as well as ideas for creativity/innovation that may be
implemented.
d. Describe any partnerships or opportunities for coordinated marketing efforts through
Visit St.Pete/Clearwater.
e. Provide a strategy to communicate services and information between others within the
RESPONSE ELEMENTS
Beach Visitor Information Center Operator 23 RFP #02-21
industry in accordance with all public and private partnerships.
TAB 4 – Financial Plan. The City’s budget is $50,000 annually. Clearly define the program offered
and your method of approach within this budget including, but not limited to the following
elements:
a. Detailed financial pro-forma including proposed annual City subsidy and plan for
raising the additional funds for operations.
b. List of credit references and resources available to perform the activities outlined in
your proposal.
c. Describe goals for the BVIC and measures of performance to be used.
TAB 5 – Operations and Management Plans. Clearly define your method of approach including,
but not limited to, the following elements:
1. Operations Plan.
a. Staffing proposal; include how operator responsibilities outlined within this RFP will
be addressed.
b. Schedule of operations: hours and days of operation including holidays to remain
open or closed; coordination with the City or other entities on special events, etc.
Include proposed hourly working schedule of staff and number of parking spaces
required.
2. Management Plan.
a. Include safety and general maintenance of building.
TAB 6 - Other Forms. The following forms should be completed and signed:
1. Exceptions/Additional Materials/Addenda form
2. Vendor Information form
3. Vendor Certification of Proposal form
4. Scrutinized Companies form(s) as required
5. W-9 Form. Include a current W-9 form (http://www.irs.gov/pub/irs-pdf/fw9.pdf)
EXCEPTIONS / ADDITIONAL MATERIAL / ADDENDA
Beach Visitor Information Center Operator 24 RFP #02-21
Proposers shall indicate any and all exceptions taken to the provisions or specifications in this solicitation
document. Exceptions that surface elsewhere and that do not also appear under this section shall be
considered invalid and void and of no contractual significance.
Exceptions (mark one):
**Special Note – Any material exceptions taken to the City’s Terms and Conditions may render a
Proposal non-responsive.
No exceptions
Exceptions taken (describe--attach additional pages if needed)
Additional Materials submitted (mark one):
No additional materials have been included with this proposal
Additional Materials attached (describe--attach additional pages if needed)
Acknowledgement of addenda issued for this solicitation:
Prior to submitting a response to this solicitation, it is the vendor’s responsibility to confirm if any addenda
have been issued.
Addenda Number Initial to acknowledge receipt
Vendor Name Date:
VENDOR INFORMATION
Beach Visitor Information Center Operator 25 RFP #02-21
Company Legal/Corporate Name:
Doing Business As (if different than above):
Address:
City: State: Zip: -
Phone: Fax:
E-Mail Address: Website:
DUNS #
Remit to Address (if different than above): Order from Address (if different from above):
Address: Address:
City: State: Zip: City: State: Zip:
Contact for Questions about this proposal:
Name: Fax:
Phone: E-Mail Address:
Day-to-Day Project Contact (if awarded):
Name: Fax:
Phone: E-Mail Address:
Certified Small Business
Certifying Agency:
Certified Minority, Woman or Disadvantaged Business Enterprise
Certifying Agency:
Provide supporting documentation for your certification, if applicable.
VENDOR CERTIFICATION OF PROPOSAL
Beach Visitor Information Center Operator 26 RFP #02-21
By signing and submitting this Proposal, the Vendor certifies that:
a) It is under no legal prohibition to contract with the City of Clearwater.
b) It has read, understands, and is in compliance with the specifications, terms and conditions stated herein, as
well as its attachments, and any referenced documents.
c) It has no known, undisclosed conflicts of interest.
d) The prices offered were independently developed without consultation or collusion with any of the other
respondents or potential respondents or any other anti-competitive practices.
e) No offer of gifts, payments or other consideration were made to any City employee, officer, elected official, or
consultant who has or may have had a role in the procurement process for the services and or goods/materials
covered by this contract.
f) It understands the City of Clearwater may copy all parts of this response, including without limitation any
documents and/or materials copyrighted by the respondent, for internal use in evaluating respondent’s offer,
or in response to a public records request under Florida’s public records law (F.S. 119) or other applicable
law, subpoena, or other judicial process.
g) Respondent hereby warrants to the City that the respondent and each of its subcontractors (“Subcontractors”)
will comply with, and are contractually obligated to comply with, all Federal Immigration laws and regulations
that relate to their employees.
h) Respondent certifies that they are not in violation of section 6(j) of the Federal Export Administration Act and
not debarred by any Federal or public agency.
i) It will provide the materials or services specified in compliance with all Federal, State, and Local Statutes and
Rules if awarded by the City.
j) It is current in all obligations due to the City.
k) It will accept such terms and conditions in a resulting contract if awarded by the City.
l) The signatory is an officer or duly authorized agent of the respondent with full power and authority to submit
binding offers for the goods or services as specified herein.
ACCEPTED AND AGREED TO:
Company Name:
Signature:
Printed Name:
Title:
Date:
SCRUTINIZED COMPANIES FORMS
Beach Visitor Information Center Operator 27 RFP #02-21
SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH
CUBA AND SYRIA CERTIFICATION FORM
IF YOUR BID/PROPOSAL IS $1,000,000 OR MORE, THIS FORM MUST BE COMPLETED AND
SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY
DEEM YOUR SUBMITTAL NONRESPONSIVE.
The affiant, by virtue of the signature below, certifies that:
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 with Activities in Sudan
List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaging in business
operations in Cuba and Syria; and
2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this
solicitation and is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized
Companies with Activities in the Iran Petroleum Sector List, or engaged in business operations in Cuba and
Syria; and
3. Business Operations means, for purposes specifically related to Cuba or Syria, engaging in commerce
in any form in Cuba or Syria, including, but not limited to, acquiring, developing, maintaining, owning, selling,
possessing, leasing or operating equipment, facilities, personnel, products, services, personal property, real
property, military equipment, or any other apparatus of business or commerce; and
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 with Activities in Sudan List, the Scrutinized Companies
with Activities in the Iran Petroleum Sector List, or engaged in business operations in Cuba and Syria.
__________________________________________
Authorized Signature
__________________________________________
Printed Name
__________________________________________
Title
__________________________________________
Name of Entity/Corporation
STATE OF _____________________
COUNTY OF ___________________
The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online
notarization on, this _____ day of _________________, 20____, by _____________________________
(name of person whose signature is being notarized) as the ________________________ (title) of
______________________________________(name of corporation/entity), personally known ______, or
produced _________________________ (type of identification) as identification, and who did/did not take
an oath.
__________________________________________
Notary Public
__________________________________________
Printed Name
My Commission Expires: __________________
NOTARY SEAL ABOVE
SCRUTINIZED COMPANIES FORMS
Beach Visitor Information Center Operator 28 RFP #02-21
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
MAILING LABEL
CUT ALONG THE LINE AND AFFIX TO THE FRONT OF YOUR BID CONTAINER
Beach Visitor Information Center Operator 29 RFP #02-21
--------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------
SEALED PROPOSAL
Submitted by:
Company Name:
Address:
City, State, Zip:
RFP #02-21, Clearwater Beach Visitor Information Center
Operator
Due Date: November 6, 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 PROPOSAL
Submitted by:
Company Name:
Address:
City, State, Zip:
RFP #02-21, Clearwater Beach Visitor Information Center
Operator
Due Date: November 6, 2020, at 10:00 A.M.
City of Clearwater
Attn: Procurement Division
100 S Myrtle Ave 3rd Fl
Clearwater FL 33756-5520
---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#21-8704
Agenda Date: 1/19/2021 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Economic Development & Housing
Agenda Number: 4.3
SUBJECT/RECOMMENDATION:
Approve the Contract for Purchase of Real Property by the City of Clearwater of certain real
property located at 1011 Engman Street, with a purchase price of $350,000 and total
expenditures not to exceed $391,000, authorize the appropriate officials to execute same,
together with all other instruments required to affect closing, and approve the transfer of
$391,000 from general fund reserves at first quarter to cover the cost of the purchase.
(consent)
SUMMARY:
The subject property is located in the North Greenwood community and is owned by Springtime
Elks Lodge 592, Inc. The property has a total land area of 22,500 square feet (0.52 acres). The
property contains a two-story structure of approximately 10,690 square feet. The structure is
dated and in need of significant repairs. If the property is acquired, staff recommends
demolition of the structure.
Through various programs and initiatives, the city is making efforts to improve economic and
socioeconomic conditions within the North Greenwood community. Acquisition of this property
will provide an opportunity to create commercial development opportunities along North Martin
Luther King Jr. Avenue, an underutilized commercial corridor.
James Millspaugh and Associates, Inc. performed an independent appraisal on the property
and determined the value of the property to be $350,000 with a valuation date of September 1,
2020.
Acquisition Costs:
Purchase Price $350,000
Survey $4,000
Demolition $35,000
Closing Costs $1,000
TOTAL $391,000
APPROPRIATION CODE AND AMOUNT:
A first quarter amendment will increase cost code 0107010-560300, Land Development,
funded by an allocation of General Fund reserves.
USE OF RESERVE FUNDS:
Funding for this contract will be provided by a first quarter budget amendment allocating
General Fund reserves in the amount of $391,000. Inclusive of this item if approved, a net total
of $1,448,652 of General Fund reserves has been appropriated by Council to fund expenditures
Page 1 City of Clearwater Printed on 1/18/2021
File Number: ID#21-8704
in the 2020/21 operating budget. The remaining balance in General Fund reserves after the
8.5% reserve is approximately $34.3 million, or 22.6% of the current General Fund operating
budget.
Page 2 City of Clearwater Printed on 1/18/2021
ENGMAN ST
LA SALLE ST N MARTIN LUTHER KING, JR. AVE TANGERINE ST
ENGMAN ST
LA SALLE ST 10111205 110510081010100510071215
101210061009101610011003111110171016
1007101411071004100210101109
1204
1303
110611051113
1115 11071304
AERIAL MAP
²
N.T.S.Scale:
Document Path: C:\Users\Kieffer.Nyland\City of Clearwater\Engineering Geographic Technology - Location Maps\1011_Engman_Acquisition.mxd
Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com
Proposed Property Acquisition1011 Engman St.
Page 1 of 1Aerial Flown 2019 Date:12/29/2020KNMap Gen By:PDReviewed By:269AGrid #:10-29s-15eS-T-R:
Proposed PropertyAcquisition
Parcel Number: 10-29-15-65718-004-0050
Parcel Number:10-29-15-65718-004-0050
1
CONTRACT FOR PURCHASE OF REAL PROPERTY
BY
THE CITY OF CLEARWATER, FLORIDA
PARTIES: SPRINGTIME ELKS LODGE #592, INC. whose mailing address is P.O. Box 1924,
Clearwater, FL 33755 (herein "Seller" or “Elks”), and THE CITY OF CLEARWATER, FLORIDA, a
Municipal Corporation of the State of Florida (herein "Buyer" or “City”), whose post office address is P.O.
Box 4748, Clearwater, Florida 33758-4748, (collectively "Parties") hereby agree that the Seller shall sell
and Buyer shall buy the following real property ("Property") upon the following terms and conditions.
1. PROPERTY DESCRIPTION
Lots 5, 6 and 7 in Block “D”, Palm Park Addition, according to the map or plat thereof, as recorded in Plat
Book 4, Page 86 of the Public Records of Hillsborough County, of which Pinellas County was formerly a
part.
Real Property ID No: 10-29-15-65718-004-0050
PERSONALTY: NONE
2. FULL PURCHASE PRICE ...........................................……………………………….… $350,000.00
3. MANNER OF PAYMENT: Wire in U.S. funds at time of closing
4. PURCHASE PRICE
The full Purchase Price as shown herein has been reached through negotiations with the Seller by City
staff. James Millspaugh and Associates, Inc. performed an appraisal of the Property on behalf of the
Buyer.
5. TIME FOR ACCEPTANCE; APPROVALS
Following execution of this contract by Seller, the price, terms and conditions as contained herein shall
remain unchanged and be held unconditionally open for a period of 45 days following delivery in duplicate
original to the City of Clearwater for acceptance and approval, counter-offer, or rejection by action of the
Clearwater City Council ("Council") serving in its capacity as the governing board of the City. If this
agreement is accepted and approved by the Council, it will be executed by duly authorized City officials
and delivered to Buyer within 10 days thereafter. The “Effective Date” shall be the date indicated above
the City officials’ signatures (see page 7). If a counter-offer is approved by the Council, it shall be
delivered to Seller in writing within 10 days of such action by the City Council, and Seller shall have 10
days thereafter to deliver to Buyer written notice of acceptance or rejection of such counter-offer. If written
notice of acceptance is not timely delivered, or if the counter-offer is rejected by Seller, this contract shall
thereafter be null and void in all respects at midnight on the day following such action. If this contract is
rejected by the Council upon initial presentation to the Council, this contract shall never become effective
(lacking City official signatures), and this contract shall be null and void in all respects at midnight on the
day following Council rejection and Buyer shall be so informed in writing within 5 days of such action.
[GM20-9216-088/264187/1] 2
6. TITLE
Seller warrants legal capacity to and shall convey marketable title to the Property by Warranty Deed,
subject only to matters contained in Paragraph 7 acceptable to Buyer. Otherwise title shall be free of
liens, easements and encumbrances of record or known to Seller, but subject to property taxes for the
year of closing; covenants, restrictions and public utility easements of record; and no others provided
there exists at closing no violation of the foregoing and none of them prevents Buyer's intended use of
the Property. Seller warrants and represents that there is ingress and egress to the Property sufficient for
the intended use as described herein.
7. TITLE EVIDENCE
Seller shall, at Seller expense and within 15 days prior to closing date deliver a title insurance commitment
issued by a Florida licensed title insurer agreeing to liens, encumbrances, exceptions or qualifications set
forth in this Contract, and those which shall be discharged by Seller at or before closing. Seller shall
convey a marketable title subject only to liens, encumbrances, exceptions or qualifications set forth in this
Contract. Marketable title shall be determined according to applicable Title Standards adopted by The
Florida Bar and in accordance with law. Buyer shall have 5 days from receiving evidence of title to
examine it. If title is found defective, Buyer shall, within 3 days thereafter, notify Seller in writing specifying
defect(s). If the defect(s) render title unmarketable, Seller will have 120 days from receipt of notice within
which to remove the defect(s), failing which Buyer shall have the option of either accepting the title as it
then is or withdrawing from this Contract. Seller will, if title is found unmarketable, make diligent effort to
correct defect(s) in title within the time provided therefor, including the bringing of necessary suits.
8. SURVEY
Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may
have the Property surveyed and certified to the Buyer by a registered Florida land surveyor. If survey
shows any encroachment on the Property, or that improvements located on the Property encroach on
setback lines, easements, lands of others, or violate any restrictions, contract covenants or applicable
governmental regulation, the same shall constitute a title defect. The survey shall be performed to
minimum technical standards of the Florida Administrative Code and may include a description of the
property under the Florida Coordinate System as defined in Chapter 177, Florida Statutes.
9. CLOSING PLACE AND DATE
Buyer shall designate closing agent and this transaction shall be closed in the offices of the designated
closing agent in Pinellas County, Florida, within 120 days of the Effective Date unless extended by other
provisions of this contract including but not limited to time allotted for the removal of title defects as
provided for in Paragraph 7 above. If either party is unable to comply with any provision of this contract
within the time allowed, and be prepared to close as set forth above, after making all reasonable and
diligent efforts to comply, then upon giving written notice to the other party, time of closing may be
extended up to 60 days without effect upon any other term, covenant or condition contained in this
contract.
10. CLOSING DOCUMENTS
Seller shall furnish closing statements for the respective parties, deed, bill of sale (if applicable),
mechanic's lien affidavit, assignments of leases, tenant and mortgage estoppel letters, and corrective
[GM20-9216-088/264187/1] 3
instruments. If Seller is a corporation, Seller shall deliver a resolution of its Board of Directors authorizing
the sale and delivery of the deed and certification by the corporate Secretary certifying the resolution and
setting forth facts showing the conveyance conforms with the requirements of local law.
11. CLOSING EXPENSES
Documentary stamps on the deed, unless this transaction is exempt under Chapter 201.24, Florida
Statutes, shall be paid by the Seller. Seller shall also pay the costs of recording any corrective
instruments. Recordation of the deed shall be paid by Buyer.
12. PRORATIONS; CREDITS
Taxes, assessments, rent (if any) and other revenue of the Property shall be prorated through the day
before closing. Closing agent shall collect all ad valorem taxes uncollected but due through day prior to
closing and deliver same to the Pinellas County Tax Collector with notification to thereafter exempt the
Property from taxation as provided in Chapter 196.012(6), Florida Statutes. If the amount of taxes and
assessments for the current year cannot be ascertained, rates for the previous year shall be used with
due allowance being made for improvements and exemptions. Assessments for any improvements that
are substantially complete at time of closing shall be paid in full by Seller.
13. OCCUPANCY
Seller warrants that there are no parties in occupancy other than the Seller, or as otherwise disclosed
herein. If Property is intended to be rented or occupied beyond closing, the fact and terms thereof shall
be stated herein, and the tenant(s) or occupants disclosed pursuant to Paragraph 15. Seller agrees to
deliver occupancy of the Property at time of closing unless otherwise stated herein. If occupancy is to be
delivered before closing, Buyer assumes all risk of loss to Property from date of occupancy, shall be
responsible and liable for maintenance from that date, and shall be deemed to have accepted Property
in its existing conditions as of the time of taking occupancy unless otherwise stated herein or in separate
writing.
14. LEASES
Seller warrants there are no tenants occupying the Property and that no leases exist, recorded or
unrecorded, authorizing such occupancy and any authorized tenancy or lease for use of the property
created by Seller prior to closing or prior to the expiration hereof, shall constitute a material breach of this
Contract. Seller shall, at Buyer’s request, furnish Buyer copies of all written leases and estoppels letters
from each tenant specifying the nature and duration of the tenant’s occupancy.
15. PROPERTY CONDITION
Seller shall deliver the Property to Buyer at time of closing in its present "as is" condition, ordinary wear
and tear excepted, and shall maintain the landscaping and grounds in a comparable condition. Seller
makes no warranties other than is disclosed herein in Paragraph 21 (“SELLER WARRANTIES”) and
marketability of title. Buyer’s covenant to purchase the Property “as is” is more specifically represented
in the following paragraph.
a. As Is With Right of Inspection: Buyer may, at Buyer expense within 60 days following the Effective
[GM20-9216-088/264187/1] 4
Date hereof ("Inspection Period"), conduct inspections, tests, environmental and any other investigations
of the Property Buyer deems necessary to determine suitability for Buyer's intended use. Upon Seller’s
execution hereof, Seller shall grant reasonable access to the Property to Buyer, its agents, contractors
and assigns for the purposes of conducting the inspections provided, however, that all such persons enter
the Property and conduct the inspections and investigations at their own risk. Seller will, upon reasonable
notice, provide utilities services as may be required for Buyer's inspections and investigations. Buyer
shall not engage in any activity that could result in a mechanics lien being filed against the Property
without Seller's prior written consent. Buyer may terminate this contract by written notice to Seller prior
to expiration of the Inspection Period if the inspections and/or investigations reveal conditions which are
reasonably unsatisfactory to Buyer. In the alternative, at the Buyer’s sole discretion, if Seller offers to
repair or otherwise remedy such conditions to Buyer satisfaction, Buyer may accept such offer; or Buyer,
at its option, may elect to accept a credit at closing of the total estimated repair costs as determined by a
licensed general contractor of Buyer's selection and expense. If Buyer terminates this contract, and this
transaction does not close, Buyer agrees, at Buyer expense, to repair all damages to the Property
resulting from the inspections and investigations and return the Property to its present condition.
16. WALK-THROUGH INSPECTION
At a time mutually agreeable between the parties, but not later than the day prior to closing, Buyer may
conduct a final "walk-through" inspection of the Property to determine compliance with any Seller
obligations and to ensure that all Property is in and on the premises. No new issues may be raised as a
result of the walk-through.
17. SELLER HELD HARMLESS
Buyer is self-insured, and subject to the limits and restrictions of the Florida Sovereign immunity statute,
F.S. 768.28, agrees to indemnify and hold harmless the Seller from claims of injury to persons or property
during the inspections and investigations described in Paragraph 15(a) resulting from Buyer's own
negligence only, or that of its employees or agents only, subject to the limits and restrictions of the
sovereign immunity statute.
18. RISK OF LOSS
If the Property is damaged by fire or other casualty before closing and cost of restoration does not exceed
3% of the assessed valuation of the Property so damaged, cost of restoration shall be an obligation of
the Seller and closing shall proceed pursuant to the terms of this contract with restoration costs escrowed
at closing. If the cost of restoration exceeds 3% of the assessed valuation of the improvements so
damaged, Buyer shall have the option of either taking the Property "as is", together with any insurance
proceeds payable by virtue of such loss or damage, or of canceling this contract.
19. PROCEEDS OF SALE; CLOSING PROCEDURE
The deed shall be recorded upon clearance of funds. Proceeds of sale shall be held in escrow by Seller’s
attorney or by such other mutually acceptable escrow agent for a period of not longer than 5 days from
and after closing, during which time evidence of title shall be continued at Buyer's expense to show title
in Buyer, without any encumbrances or change which would render Seller's title unmarketable from the
date of the last title evidence. If Seller's title is rendered unmarketable through no fault of the Buyer, Buyer
[GM20-9216-088/264187/1] 5
shall, within the 5 day period, notify the Seller in writing of the defect and Seller shall have 30 days from
the date of receipt of such notification to cure the defect. If Seller fails to timely cure the defect, all funds
paid by or on behalf of the Buyer shall, upon written demand made by Buyer and within 5 days after
demand, be returned to Buyer and simultaneously with such repayment, Buyer shall vacate the Property
and reconvey it to Seller by special warranty deed. If Buyer fails to make timely demand for refund, Buyer
shall take title "as is", waiving all rights against Seller as to any intervening defect except as may be
available to Buyer by virtue of warranties contained in the deed. The escrow and closing procedure
required by this provision may be waived if title agent insures adverse matters pursuant to Section
627.7841, F.S. (2014), as amended.
20. DEFAULT
If this transaction is not closed due to any default or failure on the part of the Seller, other than to make
the title marketable after diligent effort, Buyer may seek specific performance or unilaterally cancel this
agreement upon giving written notice to Seller. If this transaction is not closed due to any default or failure
on the part of the Buyer, Seller may seek specific performance. If a Broker is owed a brokerage fee
regarding this transaction, the defaulting party shall be liable for such fee.
21. SELLER WARRANTIES
Seller warrants that there are no facts known to Seller that would materially affect the value of the
Property, or which would be detrimental to the Property, or which would effect Buyer's desire to purchase
the property except as follows: (Specify known defects. If none are known, write “NONE”)
___________________
Buyer shall have the number of days granted in Paragraph 15(a) above ("Inspection Period") to
investigate said matters as disclosed by the Seller, and shall notify Seller in writing whether Buyer will
close on this contract notwithstanding said matters, or whether Buyer shall elect to cancel this contract.
If Buyer fails to so notify Seller within said time period, Buyer shall be deemed to have waived any
objection to the disclosed matters and shall have the obligation to close on the contract.
22. RADON GAS NOTIFICATION
In accordance with provisions of Section 404.056(8), Florida Statutes (2014), as amended, Buyer is
hereby informed as follows:
RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated
in a building in sufficient quantities, may present health risks to persons who are exposed
to it over time. Levels of radon that exceed federal and state guidelines have been found
in buildings in Florida. Additional information regarding radon and radon testing may be
obtained from your county public health unit.
23. CONTRACT NOT RECORDABLE; PERSONS BOUND
Neither this contract nor any notice of it shall be recorded in any public records. This contract shall bind
and inure to the benefit of the parties and their successors in interest. Whenever the context permits,
singular shall include plural and one gender shall include all.
[GM20-9216-088/264187/1] 6
24. NOTICE
All notices provided for herein shall be deemed to have been duly given if and when deposited in the
United States Mail, properly stamped and addressed to the respective party to be notified, including the
parties to this contact, the parties attorneys, escrow agent, inspectors, contractors and all others who will
in any way act at the behest of the parties to satisfy all terms and conditions of this contract.
25. ASSIGNABILITY; PERSONS BOUND
This contract is not assignable. The terms "Buyer", "Seller", and "Broker" (if any) may be singular or
plural. This Contract is binding upon Buyer, Seller, and their heirs, personal representatives, successors
and assigns (if assignment is permitted).
26. ATTORNEY FEES; COSTS
In any litigation arising out of this contract, the prevailing party shall be entitled to recover reasonable
attorney's fees and costs.
27. TYPEWRITTEN OR HANDWRITTEN PROVISIONS
Typewritten or handwritten provisions shall control all printed provisions of contract in conflict with them.
28. BROKER REPRESENTATION
If either Party chooses to be represented by a Licensed Real Estate Broker upon Seller’s execution
hereof, then that Party solely shall be responsible for any such Broker fee or expense due to said Broker.
29. COMPLIANCE WITH SECTION 286.23, FLORIDA STATUTES
Owner shall execute and deliver to the City the “Disclosure of Beneficial Interests” required pursuant to
Section 286.23, Florida Statutes.
30. EFFECT OF PARTIAL INVALIDITY
The invalidity of any provision of this contract will not and shall not be deemed to affect the validity of any
other provision. In the event that any provision of this contract is held to be invalid, the parties agree that
the remaining provisions shall be deemed to be in full force and effect as if they had been executed by
both parties subsequent to the expungement of the invalid provision.
31. GOVERNING LAW
It is agreed by and between the parties hereto that this contract shall be governed by, construed, and
enforced in accordance with the laws of the State of Florida.
32. COUNTERPARTS; FACSIMILE COPY
This contract may be executed in two or more counterparts, each of which shall be deemed an original
[GM20-9216-088/264187/1] 7
and all of which together shall constitute one instrument. A facsimile copy of this contract, including any
addendum, attachments and any written modifications hereof, and any initials or signature thereon shall
be deemed an original.
33. ENTIRE AGREEMENT
Upon execution by Seller and Buyer, this contract shall constitute the entire agreement between the
parties, shall supersede any and all prior and contemporaneous written and oral promises,
representations or conditions in respect thereto. All prior negotiations, agreements, memoranda and
writings shall be merged herein. Any changes to be made in this agreement shall only be valid when
expressed in writing, acknowledged by the parties and incorporated herein or attached hereto.
The Remainder of this Page Intentionally Left Blank
[GM20-9216-088/264187/1] 8
EXECUTED this _____ day of ________________________, 2020 by Seller.
Attest: SPRINGTIME ELKS LODGE #592, INC.
______________________________ By: ___________________________
______________________________
Title: __________________________
Print Name
______________________________
______________________________
Print Name
APPROVED BY BUYER & EFFECTIVE this _____ day of _________________________, 2020.
Countersigned: CITY OF CLEARWATER, FLORIDA
___________________________ By: __________________________
Frank Hibbard William B. Horne II
Mayor City Manager
Approved as to form: Attest:
___________________________ ________________________________
Laura Mahony Rosemarie Call
Senior Assistant City Attorney City Clerk
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#20-8658
Agenda Date: 1/19/2021 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Parks & Recreation
Agenda Number: 5.1
SUBJECT/RECOMMENDATION:
Approve the reallocation of funds budgeted for co-sponsorship events that were canceled due
to Covid-19 and allow funds to be used for newly requested smaller special events that meet
Covid-19 protocols and authorize the appropriate officials to execute same. (consent)
SUMMARY:
On July 16, 2020, Council approved the annual co-sponsorship budget and waiver of special
event fees for Fiscal Year 2020/21.
Due to the Covid-19 pandemic, several of the approved events have been canceled and others
are in jeopardy of being canceled in the future. Examples of the events that have been canceled
include the Times Turkey Trot, Rock ‘n’ Roll Marathon, Veterans Day Events, etc.
Numerous events were modified to adhere to safe Covid-19 health requirements and presented
in a different manner such as Jazz Holiday, Festival of Trees, etc.
Staff is requesting the ability to reallocate some of the funds that will not be used for canceled
events to cover the cost for new events that were not included in the approved co-sponsorship
agenda item.
These funds can be used to help recruit and produce additional events throughout the year that
have been hit hard by the pandemic. An example of this would be the recent events held in
downtown for the Holiday Extravaganza which included outdoor movie nights and other outdoor
interactive events for the community.
In no case will funds be used over and above those funds already allocated for special events
within each department.
APPROPRIATION CODE AND AMOUNT: N/A
USE OF RESERVE FUNDS: N/A
Page 1 City of Clearwater Printed on 1/18/2021
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#20-8686
Agenda Date: 1/19/2021 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Parks & Recreation
Agenda Number: 5.2
SUBJECT/RECOMMENDATION:
Approve not-to-exceed increase of $160,000 to Hilltop Securities Inc. (Hilltop) for spring training
deal structure consulting services provided by ICON Venue Group, LLC d/b/a CAA ICON (CAA
ICON) as subconsultant to Hilltop and authorize the appropriate officials to execute same.
(consent)
SUMMARY:
In April of 2019, staff engaged with Hilltop Securities Inc. to secure the services of CAA ICON
for spring training analysis and consulting services. At the September 3, 2020 council meeting,
staff returned to Council to authorize an extension to this agreement for an additional four
months of consulting services. Due to the ongoing issues of the pandemic and the complexity
of these discussions, staff is requesting an extension for an additional six months of consulting
services. Amendment #2 between Hilltop and CAA ICON, is to approve a not-to-exceed
increase of $160,000 to Hilltop per the agreement between Hilltop and the City, bringing the total
for contract No. 900622 to $348,059.17.
APPROPRIATION CODE AND AMOUNT:
A first quarter budget amendment will provide a transfer of $160,000 General Fund reserves to
capital improvement project 93618, Miscellaneous Parks and Recreation Contracts, to fund this
agreement.
USE OF RESERVE FUNDS:
Funding for this contract will be provided by a first quarter budget amendment allocating
General Fund reserves in the amount of $160,000 to capital improvement project 93618,
Miscellaneous Parks and Recreation Contracts. A net total of $1,608,652 of General Fund
reserves has been used to date to fund expenditures in the 2020/21 operating budget. The
remaining balance in General Fund reserves, after the 8.5% reserve, is approximately $34.2
million, or 22.5% of the current General Fund operating budget.
Page 1 City of Clearwater Printed on 1/18/2021
Hilltop / CAA Icon plus $5K FA fee plus travel, admin, overhead
Category:
Invoice FA Invoice
Description Date Services Travel Spec Rpts Admin & O/H Costs Amount Approved Balance
City Manager approval 70,000.00 70,000.00
May 2019 07/10/19 10,000.00 150.00 10,150.00 59,850.00
June 2019 07/10/19 20,000.00 150.00 20,150.00 39,700.00
July 2019 08/15/19 10,000.00 992.63 500.00 150.00 11,642.63 28,057.37
Aug 2019 09/17/19 10,000.00 150.00 5,000.00 15,150.00 12,907.37
Aug 2019 travel - airfare 10/11/19 455.00 455.00 12,452.37
Sept 2019 travel - hotel, meals, Uber 11/18/19 511.54 511.54 11,940.83
Unexpended from previous phase - closed short (11,940.83)-
Additional Council approval 9/03/2020 130,000.00 130,000.00
Sept 2020 10/13/20 25,000.00 150.00 25,150.00 104,850.00
Oct 2020 11/12/20 25,000.00 150.00 25,150.00 79,700.00
Nov 2020 12/10/20 25,000.00 150.00 5,000.00 30,150.00 49,550.00
125,000.00 1,959.17 500.00 1,050.00 10,000.00 138,509.17 188,059.17 49,550.00
Committed:
Dec 2020 (25,150.00)
Estimated balance remaining @ 12/31/2020 24,400.00
Additional request to Council Jan 2021 160,000.00
Available balance after Council approval 184,400.00
Jan 2021 (25,150.00)
Feb 2021 (25,150.00)
Mar 2021 (25,150.00)
Apr 2021 (25,150.00)
May 2021 (25,150.00)
Jun 2021 (25,150.00)
Jul 2021 (25,150.00)
Hilltop Admin (5,000.00)
Balance @ 7/31/2021 assuming no travel, etc.3,350.00$
Consultant Costs
Effective as of December 9, 2020
VIA EMAIL
Matthew J. Sansbury
Managing Director
Alex Bugallo
Managing Director
Hilltop Securities Inc.
450 S. Orange Avenue, Suite 460
Orlando, FL 32801
RE: Spring Training Deal Structure Comparison – Amendment #2
Gentlemen:
Reference is made to the certain Agreement between Hilltop Securities Inc. (“Hilltop” or “Client”),
for the benefit of The City of Clearwater, Florida (“City”), and ICON Venue Group, LLC, d/b/a CAA
ICON ("CAA ICON"), dated April 17, 2019 (the "Agreement"). Capitalized terms not otherwise
defined herein shall have the meanings for such terms in the Agreement.
CAA ICON's Strategic Advisory Group is pleased to present this Letter Amendment to our
Agreement. CAA ICON shall provide the Additional Services as outlined in Exhibit A. In
consideration for CAA ICON’s performance of these Additional Services, Client shall pay CAA ICON
an additional fee of $25,000 per month for up to six months, or $150,000 in total professional fees
(“Additional Fees”), plus reimbursement for all reimbursable expenses in accordance with the
Letter. The foregoing Additional fee and reimbursable expenses shall be payable in accordance
with Section 26 of the Terms and Conditions. At the end of the initial six month period, CAA ICON
and Client will meet and confer to determine business arrangements and reach a mutually
agreeable approach regarding the extent to which the Services are to be completed. Client
acknowledges and agrees that not all the tasks described Exhibit A will be completed in the initial
six month period. As provided in the Agreement, any additional consulting services not included in
the scope of work described above shall only be performed when agreed to in writing.
If at any time during the six month period, it is determined by you that the engagement should not
proceed, we shall promptly halt our activities and present a final invoice for our services provided to
date including charges for that month on a pro rata basis (not to exceed $25,000 for the month the
engagement is terminated, plus any out of pocket expenses incurred). Should negotiations be put
on hold for an extended period, CAA ICON and Hilltop/the City shall discuss adjusting the business
arrangements in a mutually agreeable manner.
Hilltop represents and warrants that it has the express authority to retain CAA ICON to perform the
scope of Additional Services described below under the terms as outlined herein.
In countersigning below, Client acknowledges and agrees that CAA ICON is not an investment bank,
broker-dealer, or financial adviser, and is in no way providing services in such a capacity. As such,
consistent with Section 5 of the Terms and Conditions, the work-product produced in connection
2 of 3
with the Services under this Letter Amendment shall not be used for financing, marketing, or
lending purposes.
Except as provided in this Letter Amendment, the Agreement shall remain unchanged and apply fully
for the services provided under this Letter Amendment. Your signature below shall signify the
Hilltop’s agreement to continue to engage CAA ICON under the terms outlined in this Letter
Amendment.
Sincerely,
ICON VENUE GROUP, LLC d/b/a CAA ICON
BY:
Daniel S. Barrett
TITLE: Executive Vice President
Attachment
ACKNOWLEDGEMENT OF RECEIPT AND AGREEMENT WITH THE TERMS AND CONDITIONS OF
THIS LETTER AMENDMENT (INCLUDING ALL EXHIBITS):
HILLTOP SECURITIES, INC.
BY:
NAME:
TITLE:
3 of 3
Exhibit A
SCOPE OF ADDITIONAL SERVICES
1) Negotiating assistance and support services
a) Review and comment on existing agreements
b) Review and comment on proposed stadium and training facility renovation plans
c) Estimate financial impact of proposed renovation plans
d) Assist in developing overall negotiation strategy
e) Meet with team representative(s) and other key stakeholders
f) Identify key considerations
i) Financial considerations
ii) Financing considerations
iii) Operating considerations
iv) Capital repair considerations
v) Timing considerations
vi) Political considerations
g) Public relations strategy
h) Assess key stakeholder goals/objectives and alternatives
i) Participate in negotiations
j) Consider team alternatives
2) Deal structure advisory
a) Consider alternative approaches
b) Identify issues and concerns
c) Identify desired amenities/rights
d) Evaluate financial impacts of key negotiating terms
3) Provide document support services/assist legal team
a) Letter of intent/memorandum of understanding
b) Definitive agreements
HILLTOP SECURITIES INC. | 450 S. Orange Avenue, Suite 460, Orlando, FL 32801 1
January 4, 2021
William B. Horne, II
City Manager, City of Clearwater
One Clearwater Tower, 6th Floor
600 Cleveland Street
Clearwater, FL 33756
Dear Mr. Horne:
Per the Financial Advisor Service Agreement (the “Agreement”) dated February 15, 2019 between Hilltop
Securities Inc. (“HilltopSecurities”) and the City of Clearwater, Florida (the “City”), specifically paragraph “C” under
the section entitled “General Conditions,” the City may determine that additional work products are desired of
HilltopSecurities that would result in HilltopSecurities performing additional Scope of Services to those listed in
the Agreement. Per the Agreement, if HilltopSecurities accepts such an assignment, the Agreement must be
amended in writing and accepted by both parties.
The City has asked HilltopSecurities to assist in the City’s negotiations with Major League Baseball’s Philadelphia
Phillies (the “Team”) in order to retain the Team’s spring training and minor league operations within the City (the
“Project”). This includes a potential renovation to the City’s stadium and training facility that are currently being
used by the Team. After having conversations with the City regarding the overall Project dynamics and goals,
HilltopSecurities agrees to perform additional Scope of Services to those listed in the Agreement (as discussed
further below) in order to assist the City with this Project. Furthermore, given the specific nature of the Project,
HilltopSecurities proposes hiring ICON Venue Group, LLC, d/b/a CAA ICON (“CAA ICON” or “Subconsultant”) as a
subconsultant for the proposed Project. CAA ICON’s anticipated Scope of Services, proposed fees and expenses,
and the terms and conditions to which the City will be subject to, are provided as an attachment to this letter.
In addition to the Scope of Services provided in the Agreement, if requested by the City, HilltopSecurities agrees
to attend all meetings and participate on all conference calls related to the Project, review and comment on
documentation related to the Project, and provide CAA ICON with municipal market and municipal debt related
information required to assist with their analysis.
HilltopSecurities’ fee for providing financial advisory services on the Project will be based on the hourly non‐
transactional fee schedule provided in the Agreement, not to exceed $5,000 without written approval from the
City, plus all travel expenses related to the Project. The City will also be responsible for paying all Subconsultant
fees and expenses as further described in the attachment to this letter. HilltopSecurities agrees to engage
Subconsultant on the City’s behalf and to collect all fees and expenses from the City and distribute to
Subconsultant accordingly. Additionally, the City agrees to be subject to the terms and conditions related to the
services provided by Subconsultant. The City agrees that HilltopSecurities has no obligation to pay Subconsultant
any amount not received by HilltopSecurities from the City. However, the City may, in its sole discretion, elect to
pay Subconsultant directly for any or all fees and expenses related to Subconsultant’s provision of services.
HILLTOP SECURITIES INC. | 450 S. Orange Avenue, Suite 460, Orlando, FL 32801 2
Should additional services be required other than those described in the Agreement or this letter, or should the
City issue debt related to this Project in the future, additional fees may be charged pursuant to the Agreement.
By signing below, both HilltopSecurities and the City agree to the additional Scope of Services outlined in this
letter associated with the proposed Project and to all proposed fees, including Subconsultant fees, expenses and
all terms and conditions. Notwithstanding anything in the foregoing, in any event regardless of the cause of action,
HilltopSecurities’ total liability (including loss and expense) to the City, with regard to the Project, in the aggregate
shall not exceed the gross amount of fees received by HilltopSecurities for its services rendered during this
engagement. The limitations of liability set forth in this letter agreement are fundamental elements of the basis
of the bargain between HilltopSecurities and the City, and the pricing for the services set forth above reflect such
limitations.
We looking forward to working with the City on this important project. If you have any questions, please do not
hesitate to contact me at (407) 428‐5006 or matthew.sansbury@hilltopsecurities.com.
Sincerely,
HILLTOP SECURITIES INC.
By: __________________________________
Matthew J. Sansbury
Managing Director
Date: ___1/4/2021________________________
COUNTERSIGN:
CITY OF CLEARWATER, FLORIDA
By: __________________________________
William B. Horne, II
City Manager
Date: __________________________________
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#20-8467
Agenda Date: 1/19/2021 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Parks & Recreation
Agenda Number: 5.3
SUBJECT/RECOMMENDATION:
Approve purchase order(s) to Miracle Recreation Equipment Co. of Monett, OH, for the
purchase of playground equipment in an amount of $136,894.18, pursuant to Clearwater Code
of Ordinances 2.564 (1) (d) Other Government Entities, and authorize the appropriate officials
to execute same. (consent)
SUMMARY:
The City of Clearwater has 27 playgrounds located throughout the city. Staff inspects all
playgrounds for safety purposes bi-monthly and performs maintenance as needed. This
proactive maintenance program allows for most playground equipment to last a minimum
of 12 to 15 years.
During Fiscal Year 21, playground equipment is scheduled to be replaced at Valencia Park,
Wood Valley Park, Pier 60 Park, Garden Avenue Park, North Greenwood Recreation &
Aquatic Complex and Charles Park. In addition, staff is investigating requests to install
shade structures for playgrounds at Sunset Sam Park and Ross Norton Recreation and
Aquatic Complex and Extreme Sports Park.
Staff recently purchased equipment for Valencia Park and Pier 60 Park totaling $86,976.11
from Miracle Recreation Equipment Co (Miracle) off of the Manatee County School Board
Contract 21-0053-M for Park and Playground Equipment and is requesting an additional
$136,894.18, which includes a 10% contingency, to replace playground equipment at
Garden Avenue Park, Charles Street Park, and North Greenwood Recreation & Aquatic
Complex for a total amount of $223,870.29.
Playground replacement equipment for Wood Valley Park, along with any other sites that
require replacement, will be competitively acquired from the open market.
If approved playground equipment will be manufactured and installed by the company
within 90 days.
APPROPRIATION CODE AND AMOUNT:
Funds are available for this purchase in Capital Improvement Project 315-93637
“Playground Purchase and Replacement”.
USE OF RESERVE FUNDS: N/A
Page 1 City of Clearwater Printed on 1/18/2021
SUBMIT TO: All Bids must be submitted via
VendorLink-- www.myvendorlink.com--
at the specified date and time below.
It is the Vendor’s responsibility to ensure
the submittal is uploaded to VendorLink
according to bid specifications. We are
not responsible for delivery systems.
INVITATION TO BID
PURCHASING DEPARTMENT 215 Manatee Avenue West
Bradenton, Florida 34205
DATE ISSUED: June 30, 2020
CONTACT PERSON: Melody Ryan
Telephone #: 941-708-8770 ext 41129
Email address: ryan@manateeschools.net
TITLE: PARTK AND PLAYGROUND EQUIPMENT
NUMBER: 21-0053-MR SUBMITTAL DEADLINE: July 22, 2020 3:00P.M.
PRE-PROPOSAL CONFERENCE – N/A SUBMITTALS RECEIVED AFTER
ABOVE DATE AND TIME WILL
NOT BE ACCEPTED
REQUEST FOR INFORMATION DEADLINE:
This Bid Submittal and subsequent award by The School District of Manatee County shall
constitute a binding and enforceable contract. All Specifications, Terms and Conditions,
Addenda, and correspondence of this Contract shall be incorporated into the final award
and become an integral part of the Contract. Unless otherwise stipulated in this Contract,
no other contract documents shall be issued.
LEGAL NAME, (herein referred to as
“Bidder”) As described in the Section
Titled “Florida Department of State,
Division of Corporations Registration
Requirements” within this Invitation to
Bid (“ITB”):
Florida Division of Corporation Document
Number (www.sunbiz.org):
MAILING ADDRESS: I hereby certify that I have read and understand the
requirements of this Solicitation and that, I, as the Bidder,
will comply with all requirements of this offer and any
contract(s) and/or other transactions required by this award.
__________________________________________
Authorized Signature
__________________________________________
Typed Name
__________________________________________
Title Date
__________________________________________
Email Address
CITY – STATE – ZIP:
TELEPHONE NO:
FAX NO:
FEI/EIN Number:
The School District of Manatee County
BID ON PARK AND PLAYGROUND EQUIPMENT, SDMC No. 21-0053-MR
2
BID SUBMITTAL CHECKLIST It is the sole responsibility of each Bidder to check VendorLink up to the bid opening date and
time, for all addenda issued and for any information regarding this solicitation.
The following documents must be submitted electronically:
Invitation to Bid Form
Pricing, Delivery and Warranty Submittal
No Bid Response Submittal Form OR Bidder Acknowledgement
Bidder’s Experience and Qualifications
Bidder’s Statement of Principal Place of Business
Bidder’s Statement of Financial Qualification
Drug-free Workplace Certification
Debarment and Suspension Certification
Scrutinized Company Certification
Byrd Anti-Lobbying Amendment
Anti-Discrimination Amendment
BID ON PARK AND PLAYGROUND EQUIPMENT, SDMC No. 21-0053-MR
3
SECTION 1. SCOPE
The purpose of this solicitation is to establish a pre-qualified list of providers to provide various
park and playground equipment such as composites, swing sets, shade structures, park and site furnishings (park benches, outdoor trash receptacles, outdoor picnic tables, etc.).
This bid is for materials at a fixed discount from manufacturer’s and/or bidder’s current catalog
price list(s) and installation as required based on a firm fixed percentage markup of the cost of
equipment. It is understood that current price list(s) are subject to change; however, percentage
shall remain fixed. Minor repairs shall be billed at a discounted hourly repair rate plus a percent markup for material. Contract Value: Contract Value: No guarantee is given or implied as to the total dollar value of
this bid.
Specifications and the quality standards of service set forth in this bid.
SECTION 2. SPECIAL CONDITIONS
1. Term: The intent of this Contract is to establish a Contract for a period of one (1) year(s)
from the date of award, during which time the successful Bidder(s) shall guarantee fixed
Pricing on items awarded, as specified in this Solicitation. Contract period commences on
September 12020 through August 31, 2023.
2. Contract Renewals: The School District of Manatee County reserves the right to renew any
or all prices, terms, conditions, and specifications of this Contract, for up to two (2)
additional one-year period(s), upon mutual agreement by both the School District of
Manatee County and the Awarded Bidder. Renewals must be evidenced, in writing, with the
Signature of the Awarded Bidder’s authorized representative and the School District of
Manatee County.
3. Contract Extension: In addition to any renewal options contained herein, the School District
of Manatee County has the right to extend the Contract for the period of time necessary for
the School District of Manatee County to release, award, and implement a replacement ITB
for the commodities and/or contractual services provided through this Contract. Such
extension shall be based upon the same prices, terms, and conditions as the existing ITB.
4. Additional Vendors: The School District of Manatee County reserves the right to increase the
pool of companies to provide the services included in the ITB, if deemed necessary by the
School District of Manatee County, subject to approval, additional providers will be added to
the pool of awarded companies. Regardless as to the year a company is added to the pool of
awarded companies, all awards will be terminated at the end of this ITB.
5. Insurance: Indemnification shall be in accordance with section 725.06, 725.08 Florida Statute
“as applicable”. The successful proposer shall furnish the School District of Manatee County
with proof of:
(1) Statutory Limits of Worker’s Compensation in compliance with Chapter 440, Florida
Statute, if required.
BID ON PARK AND PLAYGROUND EQUIPMENT, SDMC No. 21-0053-MR
4
(2) Comprehensive General Liability Insurance in an amount equal to or greater than
$1,000,000.00 per occurrence.
If policy is on a “CLAIMS MADE” basis, contractor’s insurance carrier will identify policy
as such and indicate in writing the number of claims paid by this policy and reserves
outstanding. Policy aggregates must equal at least two (2) times the occurrence limit.
(3) a. Automobile Liability Insurance in an amount equal to or greater than $1,000,000.00
per person.
b. Automobile Liability Insurance equal to or greater than $1,000,000.00 per
occurrence for property damage or $1,000,000.00 combined single limit.
(4) Contractual Liability Insurance in an amount equal to or greater than $1,000,000.00
per occurrence. Policy must include endorsement for indemnification in the event
third party damages are sought against the School District.
(5) Completed Operations Endorsement equal to or greater than $1,000,000.00 per
occurrence.
(6) Independent Contractors Endorsement in an amount equal to or greater than
$1,000,000.00 per occurrence.
(7) Additional Insured Endorsement: The School District of Manatee County shall be
named as an additional insured on all policies that are required by these
specifications.
(8) Cancellation Notice: All policies in effect shall contain cancellation endorsements
providing thirty (30) days written notice of such cancellation, non-renewal and/or
reduction in coverage limits prior to the effective date of such cancellation, non-
renewal and/or reduction.
(9) Contractor shall maintain at all times during the construction of the project a “Builders
Risk” policy equal to the amount of the project, and shall include, as a minimum the
following coverages: Fire, Extended Coverage, Vandalism and Malicious Mischief. (All
Risk policies are preferred.)
**Contractor(s)/Vendor(s) providing Professional Services shall provide evidence of
at least $1,000,000.00 of Professional Liability Insurance coverage.
BID ON PARK AND PLAYGROUND EQUIPMENT, SDMC No. 21-0053-MR
5
SECTION 3. SPECIFICATIONS
Equipment/Installation shall comply with the following Manatee County School District Playground Equipment Committee’s guidelines: 1) General: Public use playground equipment shall meet all the requirements of the current ASTM F1487 American Standards for Testing and Measurement and the CPSC Consumer
Product Safety Commission and ADA Accessibility guidelines: 2) Specific: Individual pieces of equipment shall meet specific design requirements, in addition to the general design, as indicated in bid specifications.
3) Requirements not addressed in above guidelines shall comply with prevailing safety standards as set forth in “A Handbook for Public Playground Safety” developed by the U.S. Consumer Product Safety Commission and such safety standards indicated by the Florida Recreation and Parks Association. All equipment/installation shall meet current ASTM
Playground Safety Standards for Playground Equipment for Public Use. All state, federal and local safety rules and regulations also must be met. Upon completion of installation, the Certified National Playground Safety Inspector and the School District of Manatee County Representative shall perform a final inspection prior to use.
CERTIFICATION-INSTALLERS: All bidder’s must supply WRITTEN FACTORY /MANUFACTURERS CERTIFICATION that they are certified/authorized to install/repair playground equipment as required by the manufacturer. Failure to supply this documentation may result in bid rejection. Installers shall have a Certified National
Playground Safety Inspector (NPSI) present during installations and repairs.
The installation contractor is advised that the installation/inspection of finished project of these units shall be coordinated with the Project Manager, Supervisor of Grounds Maintenance and Principal at each school site.
Contractor shall provide the following information to Supervisor of Grounds Maintenance after installation of playground equipment:
1) Copies of all blueprints, specifications, manufacturer’s instructions, extensive parts
list, warnings, and any other documentation deemed appropriate by the School Board Grounds Maintenance Department. 2) Certification of proper installation following final inspection from
Manufacturer/Contractor, including the certification of the location as required by
current ASTM F1487 and CPSC guidelines. 3) Sign-off letter from contractor stating the date of final inspection, problems found (if any), and repairs made.
BID ON PARK AND PLAYGROUND EQUIPMENT, SDMC No. 21-0053-MR
6
CATALOG: Each Bidder shall submit with this bid at no charge two (2) current catalog(s). All
catalogs shall clearly identify the bid number, bid name, and the Bidder’s name, address and telephone number. Additionally, each Bidder awarded an optional year renewal will submit at no charge two (2) current catalog(s) as requested. Upon Board approval of bids, all awarded Contractors may send current catalog(s) to each site. Catalog(s) shall clearly identify the bid number, bid name, and the bidder’s name, address and telephone number, at vendors’ expense.
Additional supply of catalogs must be provided to the Purchasing Department as requested at no charge. DELIVERY: Prices bid shall be FOB destination to the School District of Manatee County locations, as directed at time of order placement. If a separate charge for shipping is added, price
must be firm and based on a price per carton weight total. Successful bidder’s/contractors are responsible for supplying all labor, materials, and equipment required for the off-loading and placement of items as directed per quote, at ALL delivery locations, without assistance of School District personnel with the exception of deliveries to our
School District Warehouse. A minimum of forty-eight (48) hours advance notification of delivery is required of all freight carriers. All freight charges to provide above requirements are to be prepaid by contractor and added to invoice. Complete documentation of all charges must accompany each invoice for payment.
It is further agreed by all vendors signing this bid that title to all items ordered, remain with the vendor until received and accepted by the School District of Manatee County. Vendor is required to file all claims for damages/shortages etc SUBCONTRACTORS: If subcontractor will be utilized, identify company name as directed Additional subcontractor may be added per Bidder’s written request at the discretion of the Purchasing Department.
WARRANTY: Contractor/installer shall guarantee entire installed system to be free of defects in workmanship and materials for a period of at least three years from date installation is accepted. Contractor and/or installer shall repair and/or replace, at no cost to the School District, any defects or malfunctions noted during the warranty period and shall in addition transfer any manufacturer’s
guarantee for contractor/installer furnished equipment extending beyond this contract period to the owner. REPAIRS: Hourly rates will be provided for repairs of park and playground equipment.
Repairs shall be made by an active Certified National Playground Safety Inspector which has been
approved and certified by the manufacturer to make repairs on specific brands of equipment. Component parts shall be bid on an as needed basis. PRODUCT LIABILITY: The manufacturer must immediately notify the School District of
Manatee County, in writing, of any product defects or safety code violations that they become
aware of after equipment is installed on School District property as a result of this contract. This notification must be sent by certified mail to: School District of Manatee County, Attn: Bill Kelly, Risk Manager, 215 Manatee Avenue West, Bradenton, Florida, 34205.
BID ON PARK AND PLAYGROUND EQUIPMENT, SDMC No. 21-0053-MR
7
PRICING and WARRANTY: NOTE: SUBMISSION OF FALSE DELIVERY DATES MAY RESULT IN VENDOR DEBARMENT. DELIVERY TO BE COMPLETED WITHIN __________________ DAYS AFTER RECEIPT OF ORDER. ---------------------------------------------------------------------------------------------------------------------
ITEM NUMBER CATALOG DISCOUNT BID . 1) PLAYGROUND EQUIPMENT: Include Catalog Name, Number and associated discount.
Catalog Name Number Discount Off of Catalog ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________
2) SITE EQUIPMENT:
Include Catalog Name, Number and associated discount. Catalog Name Number Discount Off of Catalog ______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________
______________________________________________________________________________ 3) SHADE STRUCTURE: Include Catalog Name, Number and associated discount.
Catalog Name Number Discount Off of Catalog
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________
If additional space is needed, attach additional pages on company letterhead in above format.
BID ON PARK AND PLAYGROUND EQUIPMENT, SDMC No. 21-0053-MR
8
4) INSTALLATION OF PLAYGROUND EQUIPMENT:
To be based on a firm fixed percentage of the equipment cost (the total cost after discount has
been taken but before freight has been added). INSTALLER/SUB CONTRACTOR PERCENTAGE COMPANY NAME MARK UP
______________________________________________________________________________
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________
______________________________________________________________________________
Written Factory/Manufacture Certification for the installation of playground equipment by manufacture.
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ITEM NUMBER DESCRIPTION RATE .
5) REPAIRS Repairs – Hourly Rate $_____________ Per Hour For repair of existing park and playground equipment 6) Materials for repair _____________% Mark up
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WARRANTY AND SERVICE PROVISION: Bidder must state in spaces provided below complete descriptions of any warranties given by manufacturer and dealer. The Statement shall include availability of service, repair parts, and time normally required to effect repair on equipment contained in the bid. Further, the statement shall also indicate who is to be responsible for any transportation charges that may be accrued in effecting equipment repair within the provisions of applicable warranties. MANUFACTURER’S WARRANTY: ______________________________________________________________ _______________________________________________________________________________________________ DEALER’S WARRANTY: ________________________________________________________________________ _______________________________________________________________________________________________ LOCATION OF REPAIR SERVICES: ________________________________________________________ _______________________________________________________________________________________________ AVAILABILITY OF REPAIR PARTS: ________________________________________________________ _______________________________________________________________________________________________ ESTIMATED TIME TO EFFECT REPAIR: ________________________________________________________ _______________________________________________________________________________________________ RESPONSIBLE FOR WARRANTY SERVICE TRANSPORTATION CHARGE: _______________________________________________________________________________________________ _______________________________________________________________________________________________
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Contractors
Discipline: The Contractor acknowledges and understands that the job is being performed on
public property owned by the School District of Manatee County (SDMC), which may at various
times during the completion of the job be occupied by students, teachers, parents, and school
administrators. Accordingly, in order to secure the property, and otherwise comply with
applicable law, the Contractor agrees to the following provisions, and also agrees that the failure
to comply with any of these provisions may result in the termination of this Contract.
The Contractor shall immediately remove from the job site, for the duration of the job, any
person making an inappropriate religious, racial, sexual or ethnic comment, statement or gesture
toward any other individual.
The Contractor, Subcontractors, and their employees will refrain from using foul, abusive or
profane language on school district property. Smoking/tobacco, firearms/weapons and illegal
drugs are prohibited on school district property, including all buildings and grounds.
The Contractor shall enforce strict discipline and good order among their employees at all times.
Contractor’s personnel shall have absolutely no contact with students or staff, other than
administrative personnel or designated representatives, with the exception of emergency
situations.
Contractor or a representative, daily while working on School Sites shall sign in at the school’s
Main Office prior to commencing any work and shall sign out at the school’s Main Office prior to
leaving campus unless prior written exception has been obtained.
No radios are allowed on the job site.
Standard hours/non-standard hours: All services provided Monday through Friday (7:00 a.m.
through 5:00 p.m.) will be paid at the standard specified hourly rate. All other work performed
will be paid at the non-standard specified rate. Non-standard working hours are those before
7:00 a.m. or after 5:00 p.m. and at any time on Saturday or Sunday.
Building Inspection: Contractors are required to visit each building and facility before submitting
a ‘Not to Exceed’ price for the work to be completed and inform themselves as to all conditions.
Failure to do so will in no manner relieve the Contractor from the necessary furnishing of
materials or performing any of the work that may be required to carry out and complete the
contract in accordance with the true intent and meaning of the bid documents.
EXECUTION OF WORK: Upon receipt of the bid acceptance and notice to proceed with the work,
the Contractor shall continuously and expediently complete work as directed.
The Contractor will notify all proper personnel before turning off any power
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The Contractor shall take all necessary precautions to protect the building’s adjoining surfaces
and equipment from damage incurred during operations. All existing structures, utilities,
services, roads, trees, shrubbery, etc., shall be protected against damage or interrupted service
at all times by the Contractor and the Contractor shall be held responsible for any damage to
property caused by his operations on the property.
All furnishings and equipment shall be placed back in the original locations. All spaces must be
cleaned and left in an acceptable condition.
All work shall conform to all existing governing authorities Codes and Regulations. The work must
be accomplished with professional methods and standards of the trade.
The Contractor assumes full responsibility for completion of the services stipulated. The SDMC
reserves the right to question any job when the hours performed by the Contractor seem
excessive for the work completed.
Contractors Responsibilities: The Contractor is responsible for any damage to buildings and
property due to negligence on his part. The Contractor shall make all necessary corrections as
directed by the SDMC and approved by same at no cost to the SDMC.
The Contractor is responsible for the provision of adequate and proper safety precautions for
both the workmen and all persons in or around the work area.
The Contractor is responsible for keeping the area/place secured and safe at all times.
The Contractor shall be responsible to safeguard all of their tools, equipment, etc., while
operating on any SDMC properties.
Note: OSHA Laws and Regulations shall be carried out at all times by the Contractor.
Liability of Contractor: The Contractor agrees to indemnify and hold free and harmless, assume
liability for and defend, the SDMC and its officers, employees and agents, and the SBMC
Architect/Engineer Consultant from and against any and all actions, claims, liabilities, assertions
of liability losses, costs and expenses, including but not limited to attorney's fees, reasonable
investigative and discovery cost, court costs, claim or claims for bodily injury or death of persons
and for loss of or damage to property, in law or in equity, of every kind and nature whatsoever,
or economic damages which in any matter directly or indirectly may arise or be alleged to have
arisen, from any act of the Contractor or any of its employees, representatives, agents, or
subcontractors while engaged in the performance of the Contractor's duties and responsibilities
pursuant to this Agreement. It is expressly acknowledged that the Contractor is an independent
contractor and as such, has no authority to act for or on behalf of the SDMC, or to bind the SDMC
to any contract or in any other manner.
Periodic and Final Cleanup: Upon completion of the work and before acceptance and final
payment is made, the Contractor shall clean and remove from the premises all surplus and
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discarded materials, rubbish and temporary structures, and shall restore in an acceptable manner
all property, both public and private, which has been damaged during the prosecution of the
work, and shall have the work in a neat and presentable condition.
The Contractor shall schedule periodic cleaning to keep the worksite and adjacent properties free
from accumulations of waste materials, rubbish and debris resulting from project.
The Contractor shall provide an on-site container for the collection of debris and rubbish and
dispose of waste off the SDMC’s property as needed. DO NOT USE SDMC TRASH RECEPTACLES.
The Contractor shall leave all work sites in a neat and orderly fashion at the end of each work
day. At completion of work, the Contractor shall remove all work materials, tools, machinery, and
surplus materials from the work site and shall leave project in ready to use condition. The
Contractor assumes all liability for accidents that may occur due to any debris, equipment, tools,
and worksite hazards.
Invoices: The Contractor agrees that bills and invoices for fees or other compensation services or
expenses shall cite the purchase order number, date of service, location of job, and name of
person requesting the work. The invoice shall be submitted to the SDMC within ten (10) working
days upon completion of the job. The invoice shall be in detail sufficient for a proper pre-audit
and post audit thereof. Each bill or invoice must properly identify the services, portion of services,
and expenses for which compensation is sought. A copy of all applicable materials, rentals or
subcontractor invoices must be included with the invoicing to the SDMC. The Contractor’s invoice
will also reflect a breakdown of all standard hours and non-standard hours worked.
Rental Equipment: On occasion, the use of special rental equipment may be required. This is for equipment that is used on occasion, not in the regular course of providing said service. The cost of special rental equipment will be allowed based on the Contractor's cost from the rental facility plus
the bid percent mark-up. Indicate this percent mark-up on the bid form. A maximum of 10% mark-
up will be allowed. A mark-up on sales tax will not be allowed. Rental is for active use. Payment for inactive use will not be allowed. Written approval from the Facilities Services representative is required prior to the use of this equipment. The Contractor's invoices will clearly show the description of rental equipment used, number of hours or days of active use, cost, and percent
mark-up cost. A copy of the rental equipment invoice will be submitted with the Contractor's
invoice. Note: All invoices shall be billed on a cost-plus basis except during a declared disaster (no mark-up permitted). Location: School addresses can be located on the purchasing website: www.manateeschools.net/cms/lib/FL02202357/Centricity/domain/1146/vendor%20information/School_Locator_Map.pdf
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SECTION 4. INSTRUCTIONS TO BIDDERS
1. Bid Submittal Instructions: Bidder shall submit Bid Submittal in accordance with the
instructions and schedule included in the solicitation containing these specifications and
documents. Bid Submittals not conforming to the instructions provided herein may be subject
to disqualification at the sole option of the School District of Manatee County.
2. Bid Requirements: The following Appendices, upon which information is required, must be
completed and provided with the Bid Submittal:
i) Invitation to Bid Form
ii) No Bid Response Submittal Form OR Bidder Acknowledgement
iii) Bidder’s Experience and Qualifications
iv) Bidder’s Statement of Principal Place of Business
v) Bidder’s Statement of Financial Qualification
vi) Drug-free Workplace Certification
vii) Debarment and Suspension Certification
viii) Scrutinized Company Certification
ix) Byrd Anti-Lobbying Amendment
x) Anti-Discrimination Amendment
3. “No Bid” Response Submittal Form: If Bidder is not providing a Bid Submittal in response to
this Contract, Bidder shall complete and submit the “No Bid” Response Submittal Form
electronically prior to the due date established in this Contract via www.myvendorlink.com.
4. Electronic Submission: Bidder shall submit Bid Submittal electronically through VendorLink at
www.myvendorlink.com. Contact VendorLink technical support at
support@evendorlink.com, if technical difficulties arise during proposal submission.
i. Upload files only in Excel (.xls or .xlsx), Adobe Portable Document (.pdf), or .ZIP file
formats.
ii. Enable printing on files submitted.
iii. Clearly identify the ITB Number, Name, Submission Date, and Bidder Name on
Invitation to Bid Cover Sheet.
iv. Complete the Invitation to Bid Cover Sheet on Bidder’s using the following
information:
a. Business Name;
b. Complete Business Address;
c. Name(s) and contact information of key personnel.
v. Separate and identify each part of the submission.
5. Withdrawal: Bidders may withdraw, alter, and resubmit Bid Submittals through VendorLink
at any time prior to the due date and time of this Contract. Any Bid Submittals not
withdrawn will constitute an irrevocable offer, for a period of 90 days, to provide The
School District of Manatee County with the services specified in the proposal. The School
District of Manatee County may request clarifications and additional information after
proposal submission.
6. Signature: All Bid Submittals must be signed by an officer or employee having authority to
legally bind Bidder. Any corrections of unit prices must be initialed. Corrections made using
correction fluid (white out) is not permissible and may result in the rejection of a Bidder’s
proposal. Bidders should become familiar with any local conditions which may, in any
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manner, affect the product or service required. Bidders are required to carefully examine the
ITB terms and to become thoroughly familiar with any and all conditions and requirements
that may in any manner affect the work to be performed under this Contract. No additional
allowance will be made due to lack of knowledge of these conditions.
7. Florida Department of State, Division of Corporations Registration Requirements: Bidders
that are required to be registered with the Florida Department of State, Division of
Corporations or who are incorporated within the State of Florida must furnish their Florida
document number, and written documentation of “active” status. All registered Bidders
must have an active status in order to be eligible to do business with the School District of
Manatee County. Bidder(s) doing business under a fictitious name must submit the Bid
Submittal using the company’s complete registered legal name, i.e. ABC, Inc. d/b/a XYZ
Company. To register with the State of Florida, visit: www.Sunbiz.org.
8. Fingerprinting, Badges, and the Jessica Lunsford Act: The Jessica Lunsford Act was enacted
on
September 1, 2005 in response to the tragic abduction and death of Jessica Lunsford. This
law affects a Bidder’s business operations and employees if they are under Contract with the
School District of Manatee County.
8.1. The Awarded Bidder and any of its employees performing services hereunder shall
comply with the Jessica Lunsford Act, effective September 1, 2005. “Non-
instructional school district employees or contractual personnel who are permitted
access on school grounds when students are present, who have direct contact with
students or who have access to, or control of school funds must meet level 2
screening requirements as described in s.1012.32. Contractual personnel shall
include any vendor, individual, or entity under Contract with a school or the school
board.” See Section 1012.465, F.S.
8.2. Florida statute requires all vendors, contractors and subcontractors of the School
District of Manatee County to undergo a FDLE/FBI Level II background screening
and be fingerprinted in any one of the following conditions
apply:
1.2.1. Vendor employees will be on school grounds when students are present;
1.2.2. Vendor employees will have direct contact with students; or
1.2.3. Vendor employees will have access to or control of school funds.
8.3. Vendors meeting the above conditions shall carry the School District of Manatee
County badge or the State-Wide ID Badge.
9. Insurance Capacity Verification: Awarded Bidder(s) shall provide proof of insurance prior to
execution of this Contract. Receipt of proof of insurance shall not be construed as an
approval of Awarded Bidder’s insurance or a release or waiver of Awarded Bidder’s
obligation to provide insurance required by this Contract. Awarded Bidder agrees to the
following as it relates to all above required insurance:
9.1 All insurance shall be written with an insurance company licensed to issue insurance
in the State of Florida and shall maintain an A.M. Best financial strength rating of A
(VI).
9.2 All insurance shall be primary and not contributory to any other insurance carried by
the School District of Manatee County. This shall also apply to any self-insurance
maintained by the School District of Manatee County.
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9.3 Awarded Bidder shall notify the School District of Manatee County’s Risk
Management Department within thirty (30) days of any material changes or notice
of cancellation Awarded Bidder received from its insurer on above required
insurance.
9.4 Awarded Bidder shall provide evidence of all insurance in the form of a Certificate of
Insurance and specify any deductible or retention applicable to above required
insurance.
9.5 To the extent permitted by law, Awarded Bidder’s insurance shall contain a waive
rights to recover from the School District of Manatee County or its insurance.
9.6 Any required insurance that Awarded Bidder self-insures or carries retentions in
excess of Ten Thousand Dollars ($10,000.00) shall be pre-approved by the School
District of Manatee County’s Risk Management Department and referenced in an
addendum to this Contract.
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SECTION 5. KEY EVENTS & DATES
KEY EVENTS & DATES
June 30, 2020 Bid notice e-mailed to prospective bidders via VendorLink & bidding
documents posted on the VendorLink website.
July 13, 2020 Questions/Clarifications due.
July 15, 2020 Addenda posted to the e-procurement service website
(www.myvendorlink.com).
July 22, 2020 Proposals due @ 3 p.m. E.T. Bidder shall submit Bid Submittal electronically through VendorLink at www.myvendorlink.com. *July 30, 2020 Evaluation of bids and make selection of contractor(s). Evaluation meeting will be virtual via “Teams” Scheduled for July 30, 2020 at 2:00p.m. In response to the state of emergency in Florida regarding COVID-19 (“Coronavirus”), meeting will be held via “Teams” online meeting platform. The School Support Center will be closed to the public. The meeting is open remotely to the public to follow along. To attend the meeting, by phone: 1-407-502-8485, Conference ID: 549 233 419#. *On or About August 5, 2020 Notice of Intent to Award posted on the e-procurement service website (www.myvendorlink.com). *August 25, 2020 School Board Award of Bid *If the time allotted to evaluate bids and make the selection of contractors as stated above proves to be insufficient, the evaluation meeting(s), posting of the Notice of Intent to Award and the Board approval date could slip two weeks or more. Continue to monitor our website or contact the Purchasing Department for more specific information as to when meeting(s) and notice(s) will be posted.
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SECTION 6. GENERAL TERMS AND CONDITIONS
GENERAL BIDDER’S INFORMATION: Interested vendors are advised that the School District of Manatee County (District) will not consider bids which contain an escalation clause for the initial contract period. It is understood that normal bid processing time will be 30
- 60 days after opening date of bid and that prices reflected by this bid will be firm through bid processing time and the delivery of items awarded. No price escalations (increases) will be permitted during
the initial term of this contract. Price de-escalation (decrease) is permissible at any time during the contract term. The District reserves the right to require a decrease based on industry pricing indicators (PPI and CPI) Contractors may request a price increase at
renewal, if any. Price increase requests must be based on the Producer Price Index (PPI) Table Containing PPI-U All Items Indexes and Annual Percent Changes, http://data.bls.gov index for related commodity, final demand, seasonally adjusted, and may not exceed 4
percent. The price increase request must be submitted 30 days before the expiration of the Contract, to the Contract Administrator, in writing and substantiated by a copy
the appropriate (meaning specific to that Contractor’s commodity code) PPI index. PURCHASE TERMS AND CONDITIONS: This bid, and the corresponding contract of award agreement and
purchase orders will constitute the complete agreement. The School District of Manatee County will not accept proposed terms and conditions that are different than those contained in this Invitation for Bid, including pre-printed text contained on catalogs, price
lists, other descriptive information submitted or any other materials. By virtue of submitting a bid, vendor agrees to not submit to any School District of Manatee County employee, for signature, any document that contains terms and conditions that are different than
those contained herein and that in the event any document containing any term or condition that differs from those contained herein is executed, said document shall not be binding on the School District of Manatee County.
MINOR IRREGULARITIES/RIGHT TO REJECT: The District reserves the right to accept or reject any and all bids, or separable portions thereof, and to waive any minor irregularity, technicality, or omission if the
District determines that doing so shall serve the Districts’ best interests. The District may reject any response not submitted in the manner specified by the solicitation documents.
CLARIFICATIONS OR REVISIONS: The District reserves the right to seek clarifications or request any information deemed necessary for proper evaluation of
submissions from all respondents deemed eligible for Contract award. Failure to provide requested information may result in rejection of the response. EX PARTE COMMUNICATION: To assure proper and
fair evaluation of submissions, after submissions are received the District prohibits ex parte communication initiated by the submitter to Board members and discourages ex parte communication initiated by the submitter to any District official or employee evaluating
or considering the submissions prior to the time a decision has been made. Communication between a submitter and the District will be initiated by the appropriate District official, employee or designated consultant in order to obtain information or clarification
needed to develop a proper and accurate evaluation of the submission. Ex parte communication may be grounds for disqualifying the offending submitter from consideration or award of the contract then in evaluation or any future contract.
PURCHASES BY OTHER PUBLIC AGENCIES: With the consent and agreement of the successful bidder(s), purchases may be made under this bid by other governmental agencies within the State of Florida.
Such purchases shall be governed by the same terms and conditions as stated herein. CANCELLATION: Notwithstanding any other
provision of this invitation, any agreement resulting from this invitation may be unilaterally canceled by the School District of Manatee County via either of these two methods at the District’s sole discretion: 1. In the event any of the provisions of the
awarded bid are violated by the vendor, the School District of Manatee County may give written notice to the vendor stating the violations or deficiencies and demanding their cure. If those violations or deficiencies are not
cured to the School District’s reasonable satisfaction within five (5) days of the vendor’s receipt of the notice, the agreement may immediately thereafter be canceled by written notification to the vendor; or
2. The School District of Manatee County may terminate any agreement resulting from this invitation at any time, with or without cause, upon thirty (30) days written notice to the other party.
AUTHORITY: The School Board of Manatee County, Florida is the sole legal entity having authority to award a bid or bind the School District in regard to any agreement resulting from this invitation. The
Superintendent of Schools acts as the Chief Executive Officer of the Manatee County School District and shall have, and is hereby delegated by the School Board,
BID ON PARK AND PLAYGROUND EQUIPMENT, SDMC No. 21-0053-MR
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authority to issue any notice, effect any cancelation, perform any inspection, or take any other action to ensure compliance with the terms of this invitation or any agreement resulting there from on the School Board’s behalf without further action by the School Board. CLARIFICATION OF BIDS: Bidders should email any questions regarding this bid to the Contact listed on the cover page. See “Key Events & Date” section for deadline date. Questions received after the date posted in the “Key Events & Date” section will not be acknowledged. Changes to the bid which have a material effect shall be communicated to bidders only by written addenda. ADDENDA TO BIDS: From time to time, addenda’s may be issued to this bid. Any such addenda will be posted on (www.myvendorlink.com). Such notices will contain clarifications to details of the solicitation and/or responses to questions submitted during the preview period. Each respondent is responsible for monitoring these sites for information concerning this solicitation. EVALUATION COMMITTEE MEETING: Evaluation meetings will be open to the public pursuant to Florida State Statue 286.011 and noticed on the District Web Site (www.manateeschools.net) and on the School District bulletin board located in the lobby at the School Support Center, 215 Manatee Avenue West, Bradenton, Florida, 34205. Any portion of a public meeting at which a negotiation with a vendor is conducted pursuant to a competitive solicitation, at which a vendor makes an oral presentation as part of the a competitive solicitation, or at which a vendor answers questions as part of a competitive solicitation is exempt from Florida Statue 286.011. See Key Events and Dates page contained herein. LINE ITEM BID CORRECTIONS: The use of correction fluid or erasures to correct line item bid prices and/or quantities are not acceptable. Corrections must be by line outs of the incorrect figures, writing in of correct figures and initialing of the corrections by the originator. Correction fluid or erasure corrected bids will be considered nonresponsive for the corrected items only. BUDGETARY LIMITATIONS: The School District of Manatee County reserves the right to reject any item or items and/or increase or decrease quantities as required due to budgetary limitations. NON-FUNDING CLAUSE: In the event sufficient budgeted funds are not available for a new fiscal period, the Purchasing Department shall notify the vendor of such an occurrence and the contract shall terminate on the last day of the current fiscal period without penalty or expense to the District.
AWARDS: The School District of Manatee County reserves the right to make award(s) on an individual, multiple, lump sum or low total basis. PUBLIC RECORDS: Any material submitted in response to this Solicitation will become a public record pursuant to Chapter 119, Florida Statutes, when the District receives the responses. Any claim of confidentiality is waived upon submission, unless addressed as set forth below. A Vendor’s response to this solicitation shall be a public record and subject to production, disclosure, inspection and copying consistent with the requirements of Chapter 119, Florida Statutes. All information in a Vendor’s response (including, without limitation, technical and price information) will be a matter of public record, subject to the provisions of Florida’s Public Records Act, Chapter 119, Florida Statutes, regardless of copyright status. Submission of a response to this solicitation shall constitute a waiver of any copyright protection which might otherwise apply to the District’s production, disclosure, inspection and copying of such response and contract, or any part thereof, except those parts asserted to be exempt under Chapter 119, Florida Statutes. The response, upon submission shall be the property of the District (except those parts asserted to be exempt in the manner set forth below), and the District, in its sole discretion, shall have the right to use, reproduce, and disseminate the response. The District reserves the right to use any and all information contained in a response received to this solicitation. Any content submitted to the District which is asserted to be exempt under Chapter 119, Florida Statutes, shall be set forth on a page or pages separate from the rest of the response, and clearly marked “exempt,” “confidential,” or “trade secret” (as applicable), with the statutory basis for such claim of exemption, confidentiality, or trade secret specifically identified in writing on each and every such page. Failure to segregate and so identify any such content shall constitute a waiver of any claimed exemption, confidentiality, or trade secret as applied to the portion of the response or other document in which the content is set forth. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICABILITY OF CHAPTER 119, FLORIDA STATUTES, TO
THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF
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PUBLIC RECORDS:
Linda Lambert, Communications/Public Records Associate, 215 Manatee Avenue W.
(941) 708-8770 Bradenton, Florida, 34205 lambertl@manateeschools.net
Bidders should email any questions regarding this bid to purchasing@manateeschools.net, see “Key Events & Date” section for deadline date. The main point of contact in the Purchasing Department is Melody Ryan, 941-708-8770 ext. 2129. NOTIFICATION OF AWARD: After award by the School Board of Manatee County, bidders are invited to visit our website www.myvendorlink.com. PURCHASING CARDS: The School District of Manatee County may choose to use a “P-Card” for ordering of goods and materials or payment of invoices under this bid. The Bidder, by submitting a bid, agrees to accept this manner of payment and may not add additional handling charges or service fees to purchases made with the District’s Purchasing Card(s). Refusal to accept this condition may cause the bid to be declared nonresponsive, or result in revocation of the contract, if already awarded. A secured customized website for the School District of Manatee County will be setup with password capabilities which reflect pricing awarded on this bid at the discretion of the School District. No third party payment, i.e. Pay pal will be considered. VISITOR IDENTIFICATION SYSTEM: A Visitor Identification System has been implemented by the School District of Manatee County. A driver’s license or government issued photo id will be required for scanning into the system and a visitor’s pass will be issued to individuals visiting district sites. COMPLIANCE REQUIREMENTS: Vendors/Bidders acknowledge and understand that the projects contemplated by this contract are being constructed on public property owned by the School District of Manatee County, which property may at various times during construction be occupied by students, teachers, parents and school administrators. Accordingly, in order to secure the property, protect students and staff, and otherwise comply with applicable law, the vendor/bidder agrees to all provisions and instructions contained in this bid document and agrees that the
failure of vendor/bidder to comply with any of these provisions and instructions may result in the termination of this contract by the School District of Manatee County. CONTACT WITH STUDENTS: To extent not otherwise indicated, no employees or independent contractors, material men, supplier or anyone involved in any manner with projects resulting from this bid shall have direct or indirect contact with students at project sites. A violation of this provision shall result in immediate termination of the offender and issuance of a trespass notice from the School District. Vendor/Bidder shall be responsible for insuring compliance by all employees, independent contractors and sub-contractors or other persons involved in any manner with projects resulting from this bid. STANDARDS OF CONDUCT: Vendors awarded a contract will be held to the same standards of conduct as employees of the School District of Manatee County while conducting business with the District. These standards, as defined in School Board Policies, will apply not only to employees of the vendor, but also to the employees of its sub-contractors. PREVIOUS PERFORMANCE: Documented poor performance of contractors on previous contracts with the School District of Manatee County or other governmental entity will be considered during evaluation and may be sufficient cause not to award. VARIANCE TO BID DOCUMENTS: For the purpose of bid evaluation, bidders must clearly stipulate any or all variances to the bid documents or specifications, no matter how slight. If variations are not stated in the vendor’s bid proposal, it shall be construed that the bid proposal submitted fully complies in every respect with our bid documents. BIDDER’S ERRORS: Where unit price and total price cannot be reconciled, the quoted unit price shall govern. Where numerical price and written price cannot be reconciled, the written price shall govern. No submissions or amendments made after bid or proposal opening shall be considered. BID TABULATIONS: After approval by the School Board of Manatee County, bid tabulations will be available for review on the e-procurement service website (www.myvendorlink.com). NOTICE OF INTENT TO AWARD BIDS: Once bids are evaluated and a recommendation for award is received by the Purchasing Department, a Notice of Intent to Award will be posted on the e-procurement service website(www.myvendorlink.com).Therecommendation for award is not official until this notice is posted.
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CONFLICTS OF INTEREST AND KICKBACKS: Any bidder giving or offering to any employee and/or official of the School District of Manatee County, either directly or indirectly, any rebate, percentage of contract, money or other things of value as an inducement or intended inducement, in the procurement of this or any other bid, shall be deemed in violation of this agreement, in addition to being in violation of any other municipal, county, state and federal laws and/or ordinances. IDENTIFICATION: The contractor and sub-contractors shall be required to see that their personnel maintain visible personal identification on each employee. Vendor’s employees must be appropriately attired (including shirt). Employees shall be required to dress neatly without vulgar or otherwise offensive apparel, commensurate with the location and types of tasks being performed. SCHOOL DISTRICT POLICY: In accordance School Board of Manatee County Policy and Procedures, no contract for providing supplies, equipment or services shall be effected with any individual or business entity in which any member of the School Board of Manatee County or the Superintendent has any financial interest. No contract for goods or services may be made with any business entity in which the Superintendent, Board Member or their spouse or child has an employment relationship or a material interest. No School Board employee may directly or indirectly purchase or recommend for purchase of goods or services from any business organization in which his/her spouse or child has a material interest as defined in Florida Statutes 112. USE OF OTHER CONTRACTS: The School Board of Manatee County reserves the right to utilize any other School District of Manatee County contract, any State of Florida contract, any contract awarded by any other city or county governmental agencies, other school board, other community college/state university system cooperative bid agreement, or to directly negotiate/purchase per School Board policy and/or State Board Rule 6A-1.012, as currently enacted or as amended from time to time, in lieu of any offer received or award made as a result of this bid if it in its best interest to do so. The District hereby notifies interested parties that the purchasing agreements and state term contracts, available under s. 287.056, of the Department of Management Services have been reviewed for the subject of this solicitation. NON-EXCLUSIVE AGREEMENT: This bid does NOT establish an exclusive arrangement between the district and vendor. The district reserves, but is not limited to, the following rights: The unrestricted right to use others to perform work, provide services or deliver the same or similar products
as described herein when it is to the economic benefit of the district. The unrestricted right to separately bid any work, products or services as described herein when it is to the economic benefit of the District. DISPUTE: Bid tabulations with recommendations will be posted on the e-procurement service website (www.myvendorlink.com). A bidder who wishes to file a protest pertaining to a bid must file such notice in accordance with procedures prescribed by Florida Statute 120.57(3), Florida Administrative Code 28-110 and School District Policy 7.15. The notice must be filed with the Purchasing Director. Any person who is adversely affected by the District’s decision or intended decision shall file with the Purchasing Director, a notice of protest in writing within seventy-two (72) hours after the posting of the bid tabulation or Notice of Intent to Award and shall file a formal written protest within ten (10) calendar after filing the notice of protest. With respect to a protest of the specifications contained in an Invitation for Bid or Request for Proposal, the notice of protest shall be filed in writing within seventy-two (72) hours after the receipt of notice of the project plan and specification or intended project plan and specifications in an Invitation for Bid or Request for Proposal, and the formal written protest shall be filed within 10 days after the date the notice of protest is filed. Failure to file a notice of protest or failure to file a formal written protest shall constitute a waiver of proceedings under this chapter. The formal written protest shall state with particularity the facts and law upon which the protest is based. Saturdays, Sundays, and legal holidays shall be excluded in the computation of the seventy-two (72) hour time periods provided in this paragraph. Any person who files an action protesting a decision or intended decision pertaining to a bid pursuant to Florida Statute 120.57(3)(b), shall post at the time of filing the formal written protest, a bond payable to the School District of Manatee County in an amount equal to one percent (1%) of the total estimated contract value, but not less than $500 nor more than $5,000, which bond shall be conditioned upon the payment of all costs which may be adjudged against the protester in the administrative hearing in which the action is brought and in any subsequent appellate court proceeding. In lieu of a bond, a cashier’s check, treasurer’s check, bank draft of any national or state bank payable to the School District of Manatee County will be an acceptable form of security. If, after completion of the administrative hearing process and appellate court proceedings, the District prevails, it shall recover all costs and charges which shall be included in the final order or judgment, including charges made by the Division of Administrative
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Hearings, but excluding attorney’s fees. Upon payment of such costs and charges by the protester, the remainder, if any, of the protest security shall be returned. If the protester prevails, protester shall recover from the district all costs and charges which are included in the final order of judgment, excluding attorney’s fees. Failure to file a notice of intent to protest, or failure to file a formal written protest within the time prescribed in Florida Statute 120.57(3), shall constitute a waiver of proceedings under Chapter 120, Florida Statutes. COMPLIANCE WITH REGULATIONS: Federal, state, county, and local laws, ordinances, rules, and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the bidder will in no way be a cause for relief from responsibility. The bidder shall have in their possession and must provide all applicable insurance, permits, licenses, etc., which may be required by federal, state, or county law to furnish services under the scope of this contract. The successful bidder(s) must not be in violation of any zoning or other ordinances in the performance of this contract. VENUE: The laws of the State of Florida shall govern this contract. Venue shall be in Manatee County, Florida and the sole and exclusive jurisdiction to resolve any disputes arising under the contract shall be in the county or circuit court for Manatee County, Florida. INDEMNITY: Indemnifications as specified in section 725.06, 725.08 Florida Statute “as applicable”, the bidder agrees to indemnify and hold the School Board of Manatee County harmless from all third party claims and all costs, including attorney’s fees incurred by the School Board in defending same to the extend such claims are based on a defect in a product or part thereof, supplied hereunder, or failure of such product or part thereof to conform. CANCELLATION OR CHANGES IN SPECIFICATIONS: The Board reserves the right to cancel an awarded bid without penalty or negotiate changes to specifications as required by changes to local, State or U. S. Government regulations concerning the contents of products desired. UNAUTHORIZED ALIENS: The School District of Manatee County considers the employment of unauthorized aliens by the vendor/bidder, or any of its sub-contractors, a violation of the Immigration and Naturalization Act. Vendor/Bidder shall screen those working on the project site to insure no unauthorized aliens are present at any time. If it is determined that an unauthorized alien is working on the Project, the Vendor/Bidder shall immediately take all steps necessary to remove such unauthorized alien from the property and the project.
PUBLIC ENTITY CRIMES CERTIFICATE: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, sub-contractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in section 287.017, Florida Statute, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. NONCOMPLIANCE WITH CONTRACT: It is expected that the delivery and/or completion dates as annotated on this bid will be firm dates. Any deviation from the contracted completion date must be approved in writing by the Purchasing Office of the School District of Manatee County. Failure to complete the contract within the time agreement or cancellation of any item(s) awarded may result in your company being barred from doing business with the School District of Manatee County, in accordance with School District Policies and Procedures. Other assessments as outlined elsewhere in this document may also apply. Termination for cause includes terminations under 287.135, F.S. PURCHASE ORDER NUMBER: The School District of Manatee County’s purchase order number must appear on all packages, labels, cartons, packing slips, bills of lading, invoices and all correspondence referring to all orders. Orders received without the purchase order number prominently displayed shall be subject to refusal and return at the vendor’s expense. TAX EXEMPTIONS: When purchasing directly from a supplier the School District of Manatee County, Florida is exempt from Federal Excise, State Sales and Use Taxes. Tax exemption certificates and numbers will be furnished on request. INVOICES: The Contractor agrees that bills and invoices for fees or other compensation services or expenses shall cite the purchase order number, work order number, date of service, location of job, and name of person requesting the work. The invoice shall be submitted to the Accounts Payable Department within ten (10) working days upon completion of the job. The invoice shall be in detail sufficient for a proper pre-audit and post audit thereof. Each bill or invoice must properly identify the services, portion of services, and expenses for which compensation is sought. A copy of all applicable materials, rental, or sub-contractor invoices must be included with the invoicing to SDMC.
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The Contractor’s invoice will also reflect a breakdown of all standard hours and non-standard hours worked. DEFAULTS: If the Bidder defaults after the Board awards a bid, the Bidder shall pay to the School District of Manatee County, as liquidated damages, an amount equal to five percent (5%) of the unit prices times the quantity of each item in question, or $25.00, whichever amount is larger. If the bid pricing was expressed as a lump sum amount, the amount due will be five percent (5%) of the remaining value of the contract. A successful bidder who fails to pay said liquidated damages within fifteen (15) days after notification that liquidated damages are due, shall lose eligibility to transact business with the School District of Manatee County for a period of not less than one (1) year, but no more than two (2) years after the date of the default. Thereafter, the bidder may request to be reinstated to the active vendor list(s). In addition, failure of any delivered item to conform to specifications as bid shall constitute a default in the contract and shall be subject to return or replacement at the buyer’s option. Failure to deliver one (1) or more items on two (2) or more consecutive deliveries will be viewed as delivery default and will be considered grounds for canceling all awarded items and sites. Penalties may be assessed when failure to deliver places a financial burden on the School Board. PAYMENT TERMS: The standard payment terms for the School District of Manatee County are Net 30. Invoices must include the purchase order number prominently displayed in order to receive payment. Payments will be made only to the vendor listed on the purchase order. MINIMUM ORDER: Bids requiring minimum quantity and/or dollar purchases will be considered only if determined to be in the best interest of the School District. UNITS OF MEASURE AND LOT SIZES: The item units of measure shall be as indicated on the Form of Proposal. If manufacturer’s standard packaging is different than the quantity listed, it shall be the vendor’s responsibility to convert the bid price to the requested unit of measure. Bids received for items which have not been converted to the requested units of measure shall be considered nonresponsive for that item. Additionally, bidders must indicate the units of measure they are able to supply. POSSESSION OF FIREARMS: Possession of firearms will not be tolerated on the project or any School District of Manatee County property. No person who has a firearm in their vehicle may park their vehicle on School District property. Furthermore, no person may possess or bring a firearm on School District property. If any employee or independent contractor of the
vendor/bidder, or any of its sub-contractors, is found to have brought a firearm on School District property, said employee or independent contractor shall be immediately removed and terminated from the project by the vendor/bidder. If a sub-contractor fails to terminate said employee or independent contractor, the vendor/bidder shall terminate its agreement with the sub-contractor. If the vendor/bidder fails to terminate said employee or independent contractor or fails to terminate the agreement with the sub-contractor who fails to terminate said employee or independent contractor, this agreement may be terminated by the School District of Manatee County. “Firearm” means any weapon (including a starter gun or antique firearm) which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive, the frame or receiver of any such weapon, any destructive devise, or any machine gun. Powder actuated construction nailers and fasteners are excluded from this definition. CRIMINAL ACTS: Employment on the project by the Vendor/Bidder, or any of its sub-contractors, of any employee, or independent contractor, with any prior convictions of any crimes against children, crimes of violence or crimes of moral turpitude will not be tolerated. If it is determined that any person with such criminal history is on the project site, the Vendor/Bidder agrees to take all steps necessary to remove such person from the project and the property. The School District of Manatee County shall have the right to terminate this agreement if the Vendor/Bidder does not comply with this provision. POSSESSION/USE/UNDER THE INFLUENCE OF MIND ALTERING SUBSTANCES: Possession/use and/or being under the influence of any illegal mind altering substances, such as, but not limited to alcohol and/or substances delineated in Chapter 893, Florida Statutes, by Vendor/Bidder’s employees or independent contractors or its sub-contractors employees or independent contractors will not be tolerated on School District property. If any employee or independent contractor is found to have brought and/or used or is under the influence of any illegal mind altering substances as described above on School District property, said employee or independent contractor shall be removed and terminated from the project by the Vendor/Bidder. If a sub-contractor fails to terminate said employee or independent contractor, the Vendor/Bidder shall terminate its agreement with the sub-contractor. If the Vendor/Bidder fails to terminate said employee or independent contractor or fails to terminate the agreement with the sub-contractor who fails to terminate said employee or independent contractor, this agreement may be terminated by the School District of Manatee County.
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COPELAND “ANTI-KICKBACK” ACT (34 CFR 80.36(i) (4): All vendors, contractors and sub-contractors must comply with the Copeland “Anti-Kickback” Act (18 U.S.C. 874) as supplemented in Department of Labor Regulations (29 CFR Part 3). DAVIS-BACON ACT: as amended (40 U.S.C. 3141–3148): When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141–3144, and 3146–3148) as supplemented by Department of Labor regulations (29 CFR Part 5, ‘‘Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction’’). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland ‘‘AntiKickback’’ Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations. “STEVENS AMENDMENT” (Public Law 100.463, Section 8136): For the purpose of complying with Public Law 100.163 noticing the use of federal funds this notice incorporates by reference the Districts SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS and notifies parties that the approximated expenditure of Federal funds in this procurement is estimated at 30% of the contract volume. This report can be found on the District website (www.manateeschools.net) contained in the Comprehensive Annual Financial Report (CAFR), SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS for the fiscal year of this Solicitation. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. 3701–3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than
one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions, which are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. SAFETY STANDARDS: All equipment must meet the applicable requirements of the Occupational Safety and Health Act (OSHA) and any standards there under. MATERIAL SAFETY DATA SHEETS: Any items bid which contain substances found on the current State of Florida Toxic Substances List must include with shipment the appropriate Material Safety Data Sheets (MSDS). SHOP DRAWINGS: Shop drawings are required from the successful bidder(s) and approval from the School District of Manatee County prior to starting installation unless waived by the School District of Manatee County. INSPECTION: All items shall be subject to inspection after receipt at destination. Any deviation from the specifications, shortage of weights and/or any commodities that are found to be inferior or otherwise not in conformity with the specifications, the School District of Manatee County shall have the right to reject. Further, the rendering of inferior products or poor service, shall constitute a Breach of Contract and upon receipt of written notification of unsatisfactory performance, the contract shall be terminated immediately. BRANDS: Bidders shall indicate for each item bid, the name and model of the brand being bid. An example of the brand desired may be provided for each item contained in this bid. This is done to provide the bidder with information regarding the nature and quality of the materials required and is not meant to restrict bidding to that particular brand, unless the term “No Equivalent will be accepted” or “Only” appears on the Form of Proposal. However, if the item bid varies from the one described descriptive literature in the form of catalogs or brochures which illustrate the product sufficiently for evaluation must accompany the submitted bid for consideration. Bids received without this information or with insufficient information, as determined by the Evaluation Committee, will not be considered. Once an item is awarded from this bid to a successful bidder, no substitution of brands will be permitted. If the bidder does not indicate that an item proposed to be furnished is other than specified, the specified item shall be
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supplied by the bidder upon issuance of a purchase order. QUALIFIED PRODUCTS LIST (QPL): The product(s) listed herein is the only product(s) for which bids will be accepted. Bids submitted for any other product(s) will not be considered. Vendors who wish to have their products added to the QPL for future bids must, at their own expense, have the appropriate tests performed and submit acceptable results to the Purchasing Department. Contact the Purchasing Department for specific instructions. TESTING: If, after delivery of the products by the successful bidder, the quality of any product shipped is questionable, the School District reserves the right to have it tested by the Florida Department of Agriculture or by an independent testing facility. In the event test results prove the product does not meet specifications, the cost of the testing shall be borne by the vendor and upon return of all unused materials, the vendor shall refund the entire purchase cost. FACILITY INSPECTION: The School District of Manatee County reserves the right to inspect or have their representatives inspect the supplier’s facilities at any time. DELIVERY DATES: Delivery time shall be in accordance with time frames stipulated on the Form of Proposal by each vendor. Any delivery including back ordered items, not made within the specified period of time may be assessed a one percent (1%) per day late charge unless prior written approval is obtained from the Purchasing Department. Assessment of such charge will be applied to all sums owing said vendor. Assessment of said charge will be at the sole discretion of the School District of Manatee County and administered by the Purchasing Manager. Other assessments as outlined elsewhere in this document may also apply. OVER SHIPMENTS/INCORRECT SHIPMENTS: Vendors will be notified of over shipments and/or incorrect shipments. If return authorization is not received within thirty (30) days, such items shall be considered as donations to the School District. PALLETIZED SHIPMENTS: All shipments, except foam products, shall be palletized. The School District of Manatee County reserves the right of refusal at the delivery location for unpalletized shipments. No additional shipping charges shall be incurred due to refusal of shipment. DELIVERY NOTICE: Vendors shall notify the School District of Manatee County forty-eight (48) hours prior to delivery to ensure availability of receiving personnel. The School District reserves the right of refusal at delivery location if prior notice has not been received.
FREIGHT CHARGES: Successful bidder(s) shall ship all materials F.O.B. DESTINATION. Shipments sent freight collect will be subject to refusal at receiving point. FREIGHT CLAIMS: It shall be the responsibility of the shipper to replace damaged and/or lost shipments. Freight inspection reports will be furnished to the shipper promptly upon receipt from the carrier; however, it will be the shipper’s responsibility to file a claim against the carrier. DRUG FREE WORK PLACE CERTIFICATION: In accordance with section 287.087, Florida Statute, whenever two or more bids, proposals or replies that are equal with respect to price, quality, and service are received by the School District of Manatee County for the procurement of commodities or contractual services, a reply received from a business which certifies that it has implemented a Drug Free Workplace Program by signing the enclosed Drug Free Workplace Certification Form, shall be given preference in the award process. DEBARMENT AND SUSPENSION: (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the government wide Excluded Parties List System in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1986 Comp., p. 189) and 12689 (3 CFR Part 1989 Comp., p. 235), ‘‘Debarment and Suspension.’’ The Excluded Parties List System in SAM contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. EQUAL EMPLOYMENT OPPORTUNITY: Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of ‘‘federally assisted construction contract’’ in 41 CFR Part 60–1.3 must include the equal opportunity clause provided under 41 CFR 60–1.4(b), in accordance with Executive Order 11246, ‘‘Equal Employment Opportunity’’ (30 FR 12319, 12935, 3 CFR Part, 1964– 1965 Comp., p. 339), as amended by Executive Order 11375, ‘‘Amending Executive Order 11246 Relating to Equal Employment Opportunity,’’ and implementing regulations at 41 CFR part 60, ‘‘Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.’’ ANTI-DISCRIMINATION: a. the bidder certifies that they are in compliance with the non-discrimination clause contained in Section 202, Executive Order 11246, as amended by Executive Order 11375 relative to equal employment opportunity for all persons
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without regard to race, color, religion, sex or national origin. The provisions of the ADA Act of 1990 pertaining to employment shall also be applicable. b. the bidder shall not discriminate on the basis of race, gender, gender identity or expression, religion, national origin, ethnicity, sexual orientation, age or disability in the solicitation, selection, hiring, or treatment of sub-contractors, vendors, suppliers, or commercial customers. Bidder shall provide equal opportunity for sub-contractors to participate in all of its public sector and private sector sub-contracting opportunities, provided that nothing contained in this clause shall prohibit or limit otherwise lawful efforts to remedy the effects of marketplace discrimination that has occurred or is occurring in the marketplace. Bidder understands and agrees that violation of this clause is a material breach of the contract and may result in contract determination, debarment, or other sanctions MINORITY, SMALL, AND WOMEN OWNED BUSINESS: School District of Manatee County encourages the use of Minority Owned Businesses, Small Businesses, and Women Owned Businesses. Contractor agrees to ensure small businesses, minority owned businesses and women’s business enterprises are used whenever possible, such as when participation as partners, joint-venture’s, prime contractor, sub-contractors, and in contracting opportunities. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT: If the Federal award meets the definition of ‘‘funding agreement’’ under 37 CFR §401.2 (a) and the recipient or sub recipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that ‘‘funding agreement,’’ the recipient or sub recipient must comply with the requirements of 37 CFR Part 401, ‘‘Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,’’ and any implementing regulations issued by the awarding agency. CLEAN AIR ACT: (42 U.S.C. 7401–7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251–1387), as amended—Contracts and sub grants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401–7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251–1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6201).
BYRD ANTI-LOBBYING AMENDMENT: (31 U.S.C. 1352)—Contractors that apply or bid for an award of $100,000 or more must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. SECTION 6002 OF THE SOLID WASTE DISPOSAL ACT: The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. (78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75885, Dec. 19, 2014). RECORD RETENTION REQUIREMENTS FOR CONTRACTS PAID FOR WITH FEDERAL FUNDS: 2 CFR §200.333: When federal funds are expended by HCPS for any contract resulting from this procurement process, the vendor certifies that it will comply with the record retention requirements detailed in 2 CFR §200.333. The vendor further certifies that vendor will retain all records as required by 2 CFR §200.333 for a period of three years after grantees or sub-grantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.
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APPENDIX A
“NO BID” RESPONSE SUBMITTAL FORM
If your company is not submitting a response to this solicitation, please complete and submit this
form electronically prior to the due date established in this solicitation via
www.myvendorlink.com.
This information will assist Procurement Services in the preparation of future bids.
Bid #: 21-0053MR Title: Park and Playground Equipment
Company Name:
Contact Person Name and Title:
Address:
Telephone: Fax:
E-mail Address:
Please check reason for a “no bid”.
Specifications “too tight”, geared toward one brand or manufacturer (explain below)
Insufficient time to respond
Specifications unclear (explain below)
Our Company does not offer this product/service or an equivalent
Our product schedule does not permit us to perform
Unable to meet specifications
Unable to meet bond requirements
Unable to hold prices firm throughout the term of the Contract period
Unable to meet insurance requirements
Other:
Print Name:
Signature: Date:
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APPENDIX B
BIDDER ACKNOWLEDGEMENT
District of Manatee County
Purchasing Department
215 Manatee Avenue West
Bradenton, FL 34205
The Bidder acknowledges that he has read, understands and agrees to the terms and conditions
stated in the Instructions to Bidders contained in this bid.
PURCHASES BY OTHER PUBLIC AGENCIES - With the consent and agreement of the successful
bidder(s), purchases may be made under this bid by other governmental agencies within the
State of Florida. Such purchases shall be governed by the same terms and conditions as stated
herein.
The Bidder further declares that he has examined the requirements and specifications for the
materials to be furnished and has read all special provisions listed therein prior to the opening
of bids.
The Bidder proposes and agrees, if this proposal is accepted, to contract with the School District
of Manatee County, in the form of contract specified, to deliver the materials/services listed, at
the prices set forth, F.O.B. Destination, School Warehouse, One Matzke Way, Bradenton,
Florida, 34208.
WARRANTY: Materials/Services are guaranteed against defects in materials and workmanship
for a period of ____________________________________________.
Print Name:
Signature: Date:
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APPENDIX C
BIDDER’S EXPERIENCE AND QUALIFICATIONS
In providing responses to the following questions, if Bidder answers ‘Yes’ to any of the questions
below, then describe the circumstances, current status, and ultimate disposition of each matter
using a separate page attached to this document.
1. Years in business under present name: Years performing work specialty:
Licenses currently valid and in force:
2. Bidder’s Representative
Provide the following information for the representative assigned to this contract.
Representative will assist in the overall coordination of services to include but not be limited to
quoting projects and resolving issues with invoices, etc.:
Name: Phone #: Cell #:
Email:
3. Has Bidder been declared in default of any contract? ☐Yes ☐No
4. Has Bidder ever forfeited on any performance bond payment issued by a Surety company on any
contract? ☐Yes ☐No
5. Has an uncompleted Contract been assigned by Bidder’s Surety company on any payment of
performance bond issued to Bidder arising from its failure to fully discharge all contractual
obligations there under? ☐Yes ☐No
6. Within the past three (3) years, has Bidder filed for reorganization, protection from creditors,
or dissolution under the bankruptcy statutes? ☐Yes ☐No
7. Is Bidder now the subject of any litigation in which an adverse decision might result in a material
change
in Bidder’s financial position or future viability? ☐Yes ☐No
8. Is Bidder currently involved in any state of a fact-finding, negotiations, or resistance to a
merger, friendly acquisition or hostile take-over, either as a target or as a pursuer? ☐Yes
☐No
9. Has Bidder been approved by Florida Department of Agriculture and Consumer Services
prior to award? If so, please provide a copy of your approval letter prior to award.
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10. References: Provide three references from agencies to which Bidder has provided goods or
services to in the past two (2) years. At least one reference should be a public school system.
Reference # 1
Organization Name: Telephone #:
Contact Name: E-mail Address:
Scope of Work Provided:
Project Dollar Value: Present Contract Status:
Contract Dates: Reference # 2
Organization Name: Telephone #:
Contact Name: E-mail Address:
Scope of Work Provided: _
Project Dollar Value: Present Contract Status:
Contract Dates:
Reference # 3
Organization Name: Telephone #:
Contact Name: E-mail Address:
Scope of Work Provided:
Project Dollar Value: Present Contract Status:
Contract Dates:
The School District of Manatee County is authorized to check our company’s previous performance and contact references.
________________________________________________________________
Authorizing Signature (Respondent):
BID ON PARK AND PLAYGROUND EQUIPMENT, SDMC No. 21-0053-MR
30
APPENDIX D
BIDDER’S STATEMENT OF PRINCIPAL PLACE OF BUSINESS
If Bidder’s principal place of business is outside of the state of Florida, write Bidder’s name and political subdivision
(county or municipality) where Bidder’s principal place of business is located.
Name of Bidder: _______________________________________________________________________________
Bidder’s principal place of business (County and State): ________________________________________________
Pursuant to Section 287.084(2), F.S., “a vendor whose principal place of business is outside this state must
accompany any written bid, proposal or reply documents with a written opinion of an attorney at law licensed to
practice law in that foreign state, as to the preferences, if any or none, granted by the law of that state, or political
subdivision, to its own business entities whose principal places of business are in that foreign state in the letting of
any or all public contracts.”
The Attorney for an Out of State Bidder shall complete the following:
Legal Opinion Regarding State Bidding Preferences
Bidder’s principal place of business is in the State of _________and it is my legal opinion that the laws of that state
do not grant a preference in the letting of any or all public contracts to business entities whose principal places of
business are in that state.
Or
Bidder’s principal place of business is in the State of_________and it is my legal opinion that the laws of that state
grant the following preference(s) in the letting of any or all public contracts to business entities whose principal
places of business are in that state. (Please describe applicable preference(s) and identify applicable state laws):
Legal Opinion Regarding Political Subdivision Preference
Bidder’s principal place of business is in the political subdivision of_________and it is my legal opinion that the laws
of that political subdivision do not grant a preference in the letting of any or all public contracts to business entities
whose principal places of business are in that state.
Or
Bidder’s principal place of business is in the political subdivision of_________and it is my legal opinion that the laws
of that political subdivision grant the following preference(s) in the letting of any or all public contracts to business
entities whose principal places of business are in that state. (Please describe applicable preference(s) and identify
applicable state laws:
Signature of out of state Bidder’s attorney: _________________________________________________________
Printed name of out of state Bidder’s attorney: ______________________________________________________
Address of out of state Bidder’s attorney: ___________________________________________________________
Telephone number of out of state Bidder’s attorney: __________________________________________________
Email of out of state Bidder’s attorney: ____________________________________________________________
Attorney’s state(s) of bar admission: _______________________________________________________________
BID ON PARK AND PLAYGROUND EQUIPMENT, SDMC No. 21-0053-MR
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APPENDIX E
BIDDER’S STATEMENT OF FINANCIAL QUALIFICATION
The following questions are presented to evaluate a Bidder’s financial ability, capacity and/or
resources to acquire and maintain the required staffing for this Contract. If Bidder answers ‘Yes’
to any of the questions below, then Bidder shall describe the circumstances, current status, and
ultimate disposition of each matter using a separate page and attach it to this document.
1. Has Bidder been declared in default of any contract? ☐Yes ☐No
2. Has Bidder forfeited payment of performance bond issued by a surety company on any
contract? ☐Yes ☐No
3. Has an uncompleted contract been assigned by Bidder’s surety company on any payment
of performance bond issued to Bidder arising from its failure to fully discharge all
contractual obligations thereunder? ☐Yes ☐No
4. Within the past three (3) years, has Bidder filed for reorganization, protection from
creditors, or dissolution under the bankruptcy statutes? ☐Yes ☐No
5. Is Bidder now the subject of any litigation in which an adverse decision might result in a
material change in Bidder’s financial position or future viability? ☐Yes ☐No
6. Is Bidder currently involved in any state of a fact-finding, negotiations, or resistance to a
merger, friendly acquisition, or hostile take-over, either as a target or as a pursuer?
☐Yes ☐No
7. License Sanctions: List any regulatory or license agency sanctions. The School Board may
perform a background check on Bidder with all state and regulatory agencies.
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
8. Bidder must provide the name and address of all persons or entities serving or intending
to serve as principals in Bidder’s firm.
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________
Corporate Name of Bidder (Typed)
________________________________________
Authorized Representative’s Signature Date
BID ON PARK AND PLAYGROUND EQUIPMENT, SDMC No. 21-0053-MR
32
APPENDIX F
DRUG FREE WORK PLACE CERTIFICATION
I hereby swear or affirm that this company has established a drug-free work place program by completing
the following requirements: 1) Published a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the work place and specifying the actions that will be taken against employees for violations of such prohibition. 2) Informed employees about the dangers of drug abuse in the work place, the business’s policy of maintaining a drug-free work place, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Given each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notified the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the work place no later than five (5) days after such conviction. 5) Imposed a sanction on or required the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee’s community, by any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free work place through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements.
Signature of Contractor’s Authorized Official Name and Title of Contractor’s Authorized Official Date
BID ON PARK AND PLAYGROUND EQUIPMENT, SDMC No. 21-0053-MR
33
APPENDIX G
FEDERAL DEBARMENT CERTIFICATION CERTIFICATION REGARDING DEBARMENT, SUSPENSION INELIGIBILITY AND VOLUNTARY EXCLUSION - LOWER TIER COVERED TRANSACTIONS
This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 7 CFR Part 3017, Section 3017.510, Participants responsibilities. The regulations were published as Part IV of the January 30, 1989, Federal Register (pages 4722-4733) *** BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON NEXT PAGE ***
(1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal
department or agency. (2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.
Signature of Contractor’s Authorized Official Name and Title of Contractor’s Authorized Official Date”
Form AD-1048 (1/92)
BID ON PARK AND PLAYGROUND EQUIPMENT, SDMC No. 21-0053-MR
34
INSTRUCTIONS FOR CERTIFICATION 1. By signing and submitting this form, the prospective lower tier participant is providing the certification set out on the reverse side in accordance with these instructions. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to whom this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this form that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this form that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Non-procurement List. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Form AD-1048 (1/92)
BID ON PARK AND PLAYGROUND EQUIPMENT, SDMC No. 21-0053-MR
35
APPENDIX H
SCRUTINIZED COMPANY CERTIFICATION I hereby swear and affirm that as if the date below this company is not listed on a Scrutinized Companies list created pursuant to 215.4725, 215.473, or 287.135, Florida Statutes. Pursuant to 287.135, Florida Statutes I further affirm that: 1. This company is not participating in a boycott of Israel such that is not 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.
2. This Company does not appear on the Scrutinized Companies with Activities in Sudan List where
the State Board of Administration has established the following criteria:
a. Have a material business relationship with the government of Sudan or a government-
created project involving oil related, mineral extraction, or power generation activities, or
b. Have a material business relationship involving the supply of military equipment, or
c. Impart minimal benefit to disadvantaged citizens that are typically located in the geographic
periphery of Sudan, or
d. Have been complicit in the genocidal campaign in Darfur.
3. This Company does not appear on the Scrutinized Companies with Activities in the Iran Petroleum
Energy Sector List where the State Board of Administration has established the following criteria:
a. Have a material business relationship with the government of Iran or a government-created
project involving oil related or mineral extraction activities, or
b. Have made material investments with the effect of significantly enhancing Iran ‘s petroleum
sector.
4. This Company is not engaged in business operations in Cuba or Syria.
Signature of Contractor’s Authorized Official Name and Title of Contractor’s Authorized Official Date” The scrutinized company list is maintained by the State Board of Administration and available at http://www.sbafla.com/
BID ON PARK AND PLAYGROUND EQUIPMENT, SDMC No. 21-0053-MR
36
APPENDIX I
BYRD ANTI-LOBBYING AMENDMENT, 31 U.S.C. § 1352 (as amended) CERTIFICATION Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient.” APPENDIX A, 44 C.F.R. PART 18 – CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted with each bid or offer exceeding $100,000) . The undersigned [Contractor] certifies, to the best of his or her knowledge, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or Current as of 1-9-17 11 cooperative agreement, the undersigned shall complete and submit Standard Form LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. Signature of Contractor’s Authorized Official Name and Title of Contractor’s Authorized Official Date
BID ON PARK AND PLAYGROUND EQUIPMENT, SDMC No. 21-0053-MR
37
APPENDIX J
ANTI-DISCRIMINATION AMENDEMENT
The Proposer agrees to comply with the provisions of the Civil Rights Act of 1991, The Civil Rights Act of 1964, and The Americans with Disabilities Act, Age Discrimination in Employment Act, Section 1000.05, Florida Statutes, and The Pregnancy Discrimination
Act. Said Proposer further agrees not to discriminate on the basis of race, sex, national origin, religion, handicap, age or marital status.
BUSINESS/COMPANY NAME: ________________________________________________ MAILING ADDRESS: ________________________________________________
CITY, STATE, ZIP CODE: ________________________________________________
TELEPHONE NUMBER: _______________________ DATE _________________
FAX NUMBER: ________________________________________________
*SIGNATURE: _______________________________________________ NAME AND TITLE: (Typed) ________________________________________________
EMAIL ADDRESS: ________________________________________________
NOTICE OF INTENT TO AWARD
BID ON PARK AND PLAYGROUND EQUIPMENT, MCSD No. 21-0053-MR
CONTRACT PERIOD: SEPTEMBER 1, 2020 THROUGH AUGUST 31, 2023
BOARD APPROVED ON AUGUST 25, 2020
Page 1 of 21
TABULATION OF BIDS ON PARK AND PLAYGROUND EQUIPMENT, MCSD No. 21-0053-MR
Bids Due: 3:00 p.m., July 22, 2020
Catalog Name Number Discount
SRP Components 2020 5%
SportsPlay 2018 5%
Superior Recreation 2019 (1)5%
Athletic Connection 2020 5%
Bison 2020-21 5%
Jaypro 2019-2020 (2)5%
Hadar Athletic 2014 5%
Playcraft Systems 1 2%
R3/Grounds for Play 2 2%
UltraPlay 3 2%
Id Sculpture 4 2%
Childforms 5 2%
Playtopia 6 2%
Freenotes Harmony 7 2%
SRP Parts 9 2%
SportsPlay 10 2%
Dynamo 20 2%
No Bid No Bid No Bid
Play and Park Structures 44 10%
Big Toys 33 5%
UltraPlay X 5%
Freenotes Harmony 19 5%
Snug Play X 5%
Sportsplay X 5%
Elephant Play X 5%
No Bid No Bid No Bid
Industrial Shadeports 2020 10%
Kompan US Price List 9%
BIDDERS:
Advanced Recreational Concepts
Apollo Sunguard Systems, Inc.
Industrial Shadeports, Inc.
Kompan, Inc.
Bliss Products and Services, Inc.
Creative Shade Solutions
ITEM 1: PLAYGROUND EQUIPMENT
A&B Management Group, Inc. dba Southern Park and Play Systems
Page 2 of 21
TABULATION OF BIDS ON PARK AND PLAYGROUND EQUIPMENT, MCSD No. 21-0053-MR
Bids Due: 3:00 p.m., July 22, 2020
Catalog Name Number Discount
SRP - Superior Play 2020 5%
SRP - Superior Play Components 2020 5%
SRP - Grounds for Play 2020 5%
SRP - Freenotes Harmony Park 2020 5%
Big Toys 2020 5%
Dynamo 2020 5%
Kidstuff Playsystems 1005 ADD 34% (15)Miracle Recreation Equipment
Company 2020 8% (21)
12% (21)
15% (21)
18% (21)
20% (21)
Bleachers 10% (22)
UPC Parks 5%
Action Play Systems 5%
Game Time 2020 10%
Playworld 2020 5%
Berliner 2020 3%
Playcraft Systems 1 Install Only
R3/Grounds for Play 2 Install Only
UltraPlay 3 Install Only
Id Sculpture 4 Install Only
Childforms 5 Install Only
Playtopia 6 Install Only
Freenotes Harmony 7 Install Only
SRP Parts 8 Install Only
Sports Play 10 Install Only
Dynamo 20 Install Only
Little Tikes Commercial 2020 25% (25)(26)
Little Tikes Commercial 2020 5% (26)(27)
ITEM 1: PLAYGROUND EQUIPMENT
Lanier Plans, Inc. dba Korkat
MeTEOR Education, LLC
Miller Recreation Equipment & Design, Inc./Miracle Recreation Equipment, CO
PlayCore Wisconsin DBA Game Time
Playmore West, Inc.
Playpower LT Farmington, Inc.
Playspace Services, Inc.
BIDDERS:
Page 3 of 21
TABULATION OF BIDS ON PARK AND PLAYGROUND EQUIPMENT, MCSD No. 21-0053-MR
Bids Due: 3:00 p.m., July 22, 2020
Catalog Name Number Discount
Jambette 2019 - 20 4%
Play Ground Equipment.com Volume 2 10%
Kids Pro Surf Turf & Play Pad Project Innovations 5%
Landscape Structures, Inc.3%
Adventure Playground Systems Playground & Park Design 3%
Kidstuff Playsystem Catalog # 1005 3%
Childforms Volume 12 3%
Childforms Sales Brochure 3%
Henderson Recreation 2020 Price List 6%
Action Play Systems 2020 Price List 10%
BCI Burke 01 5%
BSN Sports Equipment 20-57307 10%
BIDDERS:
Project Innovations, Inc.
Swartz Associates, Inc.
Top Line Recreation, Inc.
Varsity Sports dba BSN Sports, LLC (42)
ITEM 1: PLAYGROUND EQUIPMENT
Rep Services. Inc.
Superior Park Systems, Inc.
Page 4 of 21
TABULATION OF BIDS ON PARK AND PLAYGROUND EQUIPMENT, MCSD No. 21-0053-MR
Bids Due: 3:00 p.m., July 22, 2020
Catalog Name Number Discount
Pilot Rock 260 - 2019 5%
Ultra Site 2020 5%
Ultra Play 2020 5%
Polly Products 2019 5%
Stern Williams 2020 5%
Superior Site Amenities 2020 5%
Ultrasite 11 2%
SRP Amenities 12 2%
Paris Fitness and Amenities 13 2%
ActionFit 14 3%
Bison 15 3%
The Park Catalog theparkcatalog.com 2%
JayPro 16 3%
NRS Bleachers 19 3%
Kay Park 21 2%
No Bid No Bid No Bid
Ultrasite 33 5%
Superior 5%
Jayhawk Plastics/Frog Furnishings 5%
Doty & Sons Concrete Products 5%
Crimson Poolside 5%
Action Fit 5%
Bark Park 5%
No Bid No Bid No Bid
Industrial Shadeports 2020 10%
TPP Price List 5%
Industrial Shadeports, Inc.
Kompan, Inc.
Bliss Products and Services, Inc.
Creative Shade Solutions
Apollo Sunguard Systems, Inc.
Advanced Recreational Concepts
BIDDERS:
A&B Management Group, Inc. dba Southern Park and Play Systems
ITEM 2: SITE EQUIPMENT
Page 5 of 21
TABULATION OF BIDS ON PARK AND PLAYGROUND EQUIPMENT, MCSD No. 21-0053-MR
Bids Due: 3:00 p.m., July 22, 2020
Catalog Name Number Discount
SRP - Superior Amenities 2020 5%
Kidstuff Playsystems 1005 ADD 34% (15)
Miracle Recreation Equipment Company 2020 5%
Douglas Industries 5%
Bison Sports 5%
Kay Park 5%
Wabash Valley 5%
Foresite Designs 5%
Murdock Fountains 5%
Most Dependable Fountains 5%
RCP Shelters 5%
Coverworx Shelters 5%
DogiPot (Pet Stations)5%
GT Site 2020 5%
Ultra Site 2020 5%
Wabash Valley 2020 5%
Ultrasite 11 Install Only
SRP Amenities 12 Install Only
Paris Fitness and Amenities 13 Install Only
ActionFit 14 Install Only
Bison 15 Install Only
The Park Catalog theparkcatalog.com Install Only
JayPro 16 Install Only
NRS Bleachers 19 Install Only
Kay Park 21 Install Only
Little Tikes Commercial 2020 (29)5% (30)
ITEM 2: SITE EQUIPMENT
MeTEOR Education, LLC
Miller Recreation Equipment & Design, Inc./Miracle Recreation Equipment, CO
Lanier Plans, Inc. dba Korkat
Playmore West, Inc.
Playpower LT Farmington, Inc.
Playspace Services, Inc.
BIDDERS:
PlayCore Wisconsin DBA Game Time
Page 6 of 21
TABULATION OF BIDS ON PARK AND PLAYGROUND EQUIPMENT, MCSD No. 21-0053-MR
Bids Due: 3:00 p.m., July 22, 2020
Catalog Name Number Discount
Play Ground Equipment.com Volume 2 10%
Frog Furnishings 2018 3%
DuMor Site Furnishings 3%
Superior Amenities 2020 Catalog 2%
Kay Park Recreation 2020 Catalog 2%
Adventure Site Amenities Playground & Park Design Guide 2%
Sitescapes, Inc.2020 Price List 5%
Kay Park Recreation 2020 6%
Ultra Site 2020 Price List 8%
Frog Furnishings 2020 Price List 8%
Vista Furnishings 2020 Price List 5%
Superior Site Amenities 2020 Price List 8%
Blue Valley Industries 2020 Price List 5%
Jaypro Sports 2020 7%
National Recreation Systems 2020 Price List 6%
MyTCoat 2020 Price List 8%
Premier Polysteel 02 3%
BSN Sports Equipment 20-57307 10%
BIDDERS:
ITEM 2: SITE EQUIPMENT
Project Innovations, Inc.
Swartz Associates, Inc.
Top Line Recreation, Inc.
Varsity Sports dba BSN Sports, LLC (42)
Rep Services. Inc.
Superior Park Systems, Inc.
Page 7 of 21
TABULATION OF BIDS ON PARK AND PLAYGROUND EQUIPMENT, MCSD No. 21-0053-MR
Bids Due: 3:00 p.m., July 22, 2020
Catalog Name Number Discount
Fiberbuilt 2019 5%
Superior Shade Volume 11 5%
SkySpan 2020 5%
SRP Shade 17 5%
Ultra Shade 18 5%
Ball Fabrics ballfabrics.com 1%
ICON Shelters 22 5%
Cedar Forest Products 23 5%
RCP Shelter 24 5%
SRP Shelter 25 5%
Apollo Sunguard 2019 8% (6)
Shade Systems 5%
Shade America 5%
Ultra Shade 5%
Ultra Shelter 5%
Cedar Forest 55%
USA Shade 5%
Superior 5%
Creative Shade (10)1 15%
Industrial Shadeports 2020 10%
TPP Price List 4%
ITEM 3: SHADE STRUCTURE
Bliss Products and Services, Inc.
Creative Shade Solutions
Industrial Shadeports, Inc.
Kompan, Inc.
A&B Management Group, Inc. dba Southern Park and Play Systems
BIDDERS:
Advanced Recreational Concepts
Apollo Sunguard Systems, Inc.
Page 8 of 21
TABULATION OF BIDS ON PARK AND PLAYGROUND EQUIPMENT, MCSD No. 21-0053-MR
Bids Due: 3:00 p.m., July 22, 2020
Catalog Name Number Discount
SRP - Superior Amenities 2020 5%
Kidstuff Playsystems 1005 ADD 34% (15)
USA Shade 2020 5%
GT Shade 2018 / 2020 5%
USA Shade 2020 3%
Shade Systems 2020 3%
Apollo Sunguard 2020 3%
Superior Shelters 2020 3%
SRP Shade 17 Install Only
Ultrashade 18 Install Only
Ball Fabrics ballfabrics.com Install Only
ICON Shelters 22 Install Only
Cedar Forest Products 23 Install Only
RCP Shelter 24 Install Only
SRP Shelter 25 Install Only
Little Tikes Commercial 2020 (31)5% (32)
BIDDERS:
ITEM 3: SHADE STRUCTURE
MeTEOR Education, LLC
Miller Recreation Equipment & Design, Inc./Miracle Recreation Equipment, CO
PlayCore Wisconsin DBA Game Time
Playmore West, Inc.
Playspace Services, Inc.
Lanier Plans, Inc. dba Korkat
Playpower LT Farmington, Inc.
Page 9 of 21
TABULATION OF BIDS ON PARK AND PLAYGROUND EQUIPMENT, MCSD No. 21-0053-MR
Bids Due: 3:00 p.m., July 22, 2020
Catalog Name Number Discount
Pro Shade Project Innovations, Inc.3%
SkyWays Shades 3%
USA Shade 3%
Porter Corp 3%
Shade Systems, Inc.Product Catalog 3%
Adventure Shade Structures Playground & Park Design Guide 3%
Ultra Shade 2020 Price List 4%
Ultra Shelter 2020 Price List 4%
Shade System, Inc.03 5%
Americana 04 5%
BSN Sports Equipment 20-57307 10%
Swartz Associates, Inc. (37)
Top Line Recreation, Inc.
Varsity Sports dba BSN Sports, LLC
BIDDERS:
ITEM 3: SHADE STRUCTURE
Project Innovations, Inc.
Rep Services. Inc.
Superior Park Systems, Inc.
Page 10 of 21
TABULATION OF BIDS ON PARK AND PLAYGROUND EQUIPMENT, MCSD No. 21-0053-MR
Bids Due: 3:00 p.m., July 22, 2020
Catalog Name Number Discount
Garick 2020-21 Quotation 5%
Rubber Designs 8 5% (3)
Playspace ADA Wood Mulch per regional supplier 5% (4)
No Bid No Bid No Bid
Safety 1st 5%
Wood Mulch Products 5%
Xgrass 5%
Zeager 5%
Fibar 5%
East Coast Mulch 5%
IMC Outdoor 5%
No Bid No Bid No Bid
Industrial Shadeports 2020 10%
Fibar EWF 4%
Turf Surfacing 4%
PIP Surfacing 4%
Rubber Safety Tiles 4%
Rubber Mulch 4%
ITEM 4: SURFACING MATERIALS
Industrial Shadeports, Inc.
Kompan, Inc.
Apollo Sunguard Systems, Inc.
Bliss Products and Services, Inc.
A&B Management Group, Inc. dba Southern Park and Play Systems
Advanced Recreational Concepts
Creative Shade Solutions
BIDDERS:
Page 11 of 21
TABULATION OF BIDS ON PARK AND PLAYGROUND EQUIPMENT, MCSD No. 21-0053-MR
Bids Due: 3:00 p.m., July 22, 2020
Catalog Name Number Discount
Outdoor Safety Surfacing 5%
Kidstuff Playsystems 1005 ADD 34% (15)
Rubber Recycle (Shredded Rubber)5%
Fibar Systems (EWF)5%
Forever Lawn (Artificial Turf)5%
NoFault (Poured in Place Surfacing)5%
Durable Lawn (Artificial Turf)5%
GT Impax 2020 5%
Robertson TOT Turf 3%
No Fault 3%
X Grass 3%
Forever Lawn 3%
Mulch & Soil, Co.3%
Zeager 3%
Rubber Designs 8 5% (24)
Playspace ADA Wood Mulch Per Regional Supplier 5% (25)
No Fault N/A 5% (33)
ITEM 4: SURFACING MATERIALS
Playspace Services, Inc.
Playpower LT Farmington, Inc.
BIDDERS:
Playmore West, Inc.
Miller Recreation Equipment & Design, Inc./Miracle Recreation Equipment, CO
PlayCore Wisconsin DBA Game Time
Lanier Plans, Inc. dba Korkat
MeTEOR Education, LLC
Page 12 of 21
TABULATION OF BIDS ON PARK AND PLAYGROUND EQUIPMENT, MCSD No. 21-0053-MR
Bids Due: 3:00 p.m., July 22, 2020
Catalog Name Number Discount
Kids Pro Surf Turf & Play Pad Project Innovations, Inc.5%
Forever Lawn 3%
VitriTurf 3%
No Fault Sports Group 3%
iMulch 3%
Irvine 3%
Forever Lawn Product Catalog 3%
Forever Lawn Playground Grass 3%
Foresty Resources 2020 Price List 10%
Cowart & Mulch 2020 Price List 10%
IMC Outdoor 2020 Price List 6%
Pierecton Rubber Products 2020 Price List 5%
No Bid No Bid No Bid
BSN Sports Equipment 20-57307 10%
Swartz Associates, Inc.
Top Line Recreation, Inc.
Varsity Sports dba BSN Sports, LLC (42)
BIDDERS:
ITEM 4: SURFACING MATERIALS
Rep Services. Inc.
Project Innovations, Inc.
Superior Park Systems, Inc.
Page 13 of 21
TABULATION OF BIDS ON PARK AND PLAYGROUND EQUIPMENT, MCSD No. 21-0053-MR
Bids Due: 3:00 p.m., July 22, 2020
Percentage Mark up
30%
20%
37%
49%
75%
*(5)
69%
75%
75%
75%
75%
50% (7)(8)
50% (7)(8)
50% (7)(8)
50% (7)(8)
50% (7)(8)
50% (7)(8)
50% (11)
130% (41)
30% - 100% (12)(13)
Installer/Sub Contractor Name
Ultimate Attitude, LLC
Southern Park and Play Systems
Playspace Services - playgrounds
Playspace Services - Safety Surfacing
Playspace Services - Shelters
Cocozza Construction & Consulting
Someson Homes
The Best of Southwest Framing
Creative Shade Solutions
Apollo Sunguard Systems, Inc.
A&B Management Group, Inc. dba Southern Park and Play Systems
Advanced Recreational Concepts
BIDDERS:
Bliss Products and Services, Inc.
Shady Surfacing
Industrial Shadeports
Creative Shade (10)
Playspace Services - Shade Install
Playspace Services - Site Furnishings
Dragon Recreation Services
ITEM 5: INSTALLATION OF PLAYGROUND EQUIPMENT, SITE EQUIPMENT, SHADE
STRUCTURE AND SURFACING MATRERIAL
Bliss Products
Premier Recreation
Stewart Tennis
Complete Construction
Jammin Playgrounds
Industrial Shadeports, Inc.
Kompan, Inc.Precision Playgrounds, Inc.
Page 14 of 21
TABULATION OF BIDS ON PARK AND PLAYGROUND EQUIPMENT, MCSD No. 21-0053-MR
Bids Due: 3:00 p.m., July 22, 2020
Percentage Mark up
35%
50% (16) (19)
60% (16) (17) (19)
100% (18) (19)
27%
No Bid
30%
30%
30%
32%
32%
180%
100%
37%
49%
75%
*(26)
69%
47% (34)
35%
100%
25%
Installer/Sub Contractor Name
Playspace Services - Safety Surfacing
Playmore West, Inc.
Playworx Playsets LLC - Playground and Playground Parts
Playworx Playsets LLC - Shade
Playpower LT Farmington, Inc.No Fault - Pour in Place Surface (34)
Playworx Playsets LLC - Site Amenities
Miller Recreation Equipment & Design, Inc./Miracle Recreation Equipment, CO Ryan's Maintenance
John Fitzgerald, Inc.
Site Amenities
PlayCore Wisconsin DBA Game Time Shade
Playmore West, Inc. - Playground Equipment
BIDDERS:
ITEM 5: INSTALLATION OF PLAYGROUND EQUIPMENT, SITE EQUIPMENT, SHADE
STRUCTURE AND SURFACING MATRERIAL
Lanier Plans, Inc. dba KorKat
Kidstuff Playsystems - Play Equipment
Kidstuff Playsystems - Safety Surfacing
MeTEOR Education, LLC
Playmore West, Inc. - Surfacing (23)
Playmore West, Inc. - Shade Structures
Playmore West, Inc. - Site Equipment
Playspace Services, Inc.
Lanier Plans, Inc. dba Korkat
Kidstuff Playsystems - Shade Structures
Playground Equipment
Playspace Services - Shelters
Playspace Services - Site Furnishing
Playspace Services - Shade Install
Playspace Services - Playgrounds
Page 15 of 21
TABULATION OF BIDS ON PARK AND PLAYGROUND EQUIPMENT, MCSD No. 21-0053-MR
Bids Due: 3:00 p.m., July 22, 2020
Percentage Mark up
38%
80%
*(35)
60%
85%
85%
100%
100%
100%
100%
100%
100%
34% - 110% (38)(39)
34% - 110% (38)(39)
36%
36%
No Bid
Installer/Sub Contractor Name
Top Line Recreation, Inc.Al Bosgraaf & Sons, Inc.
Varsity Sports dba BSN Sports, LLC (42)
Kennico, Inc.
Swartz Associates, Inc.Rida Group Construction
Hurley Construction, Inc.
BIDDERS:
ITEM 5: INSTALLATION OF PLAYGROUND EQUIPMENT, SITE EQUIPMENT, SHADE
STRUCTURE AND SURFACING MATRERIAL
Project Innovations-Playground Equipment
Project Innovations-Kids Pro Suft Turf & Play Pad
Project Innovations, Inc. (36)Project Innovations-Frog Furnishings
No Bid
Superior Park Systems, Inc.
Hurley Construction
Project Innovations-Pro Shades
Johnny Pitts Construction
Rep Services. Inc.Al Bosgraaf and Sons, Inc.
FFG Development and Construction
Easygreens
Superior Park Systems, Inc.Forever lawn
Sports Systems International, Inc.
Page 16 of 21
TABULATION OF BIDS ON PARK AND PLAYGROUND EQUIPMENT, MCSD No. 21-0053-MR
Bids Due: 3:00 p.m., July 22, 2020
$150.00 No Bid Digital Catalogs
$197.50 30%Digital Catalogs
No Bid No Bid Digital Catalogs
$250.00 (9)25% (9)Printed Catalogs
Digital Catalogs
$125.00 10%Printed Catalogs
$265.00 15%Digital Catalog
Digital Catalog
$200.00 *(14)Printed Catalogs
A&B Management Group, Inc. dba Southern Park and Play Systems
Creative Shade Solutions
Advanced Recreational Concepts
Apollo Sunguard Systems, Inc.
Kompan, Inc.
Industrial Shadeports, Inc.
Bliss Products and Services, Inc.
BIDDERS:
ITEM 7: PERCENTAGE MARK
UP FOR REPAIR MATERIAL
ITEM 6: REPAIRS HOURLY RATE-
PER HOUR
Page 17 of 21
TABULATION OF BIDS ON PARK AND PLAYGROUND EQUIPMENT, MCSD No. 21-0053-MR
Bids Due: 3:00 p.m., July 22, 2020
$75.00 35%Digital Catalog
$75.00 (20)20% (20)Digital price list/ No cata
$150.00 0%No Catalog
$100.00 10%Printed Catalogs
Digital Catalog
$125.00 30%Printed Catalogs
$197.50 30%Digital Catalog with insta
$100.00 25%Printed Catalogs
Playmore West, Inc.
Playspace Services, Inc.
Playpower LT Farmington, Inc.
MeTEOR Education, LLC
Miller Recreation Equipment & Design, Inc./Miracle Recreation Equipment, CO
PlayCore Wisconsin DBA Game Time
Lanier Plans, Inc. dba Korkat
BIDDERS:
ITEM 6: REPAIRS HOURLY RATE-
PER HOUR
ITEM 7: PERCENTAGE MARK
UP FOR REPAIR MATERIAL
Page 18 of 21
TABULATION OF BIDS ON PARK AND PLAYGROUND EQUIPMENT, MCSD No. 21-0053-MR
Bids Due: 3:00 p.m., July 22, 2020
Digital Catalog
$400.00 45%Printed Catalogs
No Bid No Bid Printed Catalogs
$285.00 30%Printed Catalogs
$200.00 (40)No Bid No Catalogs
$350.00 30.00%Digital Catalog
No Bid No Bid No CatalogsVarsity Sports dba BSN Sports, LLC (42)
Superior Park Systems, Inc.
Swartz Associates, Inc.
Top Line Recreation, Inc.
ITEM 7: PERCENTAGE MARK
UP FOR REPAIR MATERIAL
Project Innovations, Inc.
Rep Services. Inc.
BIDDERS:
ITEM 6: REPAIRS HOURLY RATE-
PER HOUR
Page 19 of 21
TABULATION OF BIDS ON PARK AND PLAYGROUND EQUIPMENT, MCSD No. 21-0053-MR
Bids Due: 3:00 p.m., July 22, 2020
NOTES:
(1) Open Market/Playgrounds
(2) Allsport/2020 Athletic Eqpn
(3) or discounts applied in catalog
(4) per discount applied in Playspace catalog
(5) Discounts included in Playspace/Rubber Designs catalog
(6) See attached copy of price list
(7) This does not include any site prep, permitting or concrete work. Shelter and shade foundations will be additional. Some vendors offer
a delivered and installed price which will be discounted appropriately in the product discount. Site work and concrete including foundations
will be priced per job. Sport court construction priced per job.
(8) Only Big Toys and Play and Park Structures require installer certification
(9) Rental Equipment Mark Up will be 10% as allowed on Page 12
(10) 2020 Manatee Schools Catalog
(11) Shade Price
(12) 30% Equipment, 60% Site Equipment, Shade 100%
(13) Mat Installation is based upon each unit - $35.00 per unit
Border Installation is based upon each unit - $15.00 per unit
Pour in Place Pricing and Turf includes installation
EWF installation is based on cubic yard - $16 per cubic yd
Rubber Tile Installation is based upon square footage - $3 per sq. ft.
Rubber Mulch Installation is based upon square footage - $10.00 per sq. ft.
(14) Markup for Repair Materials: Repair materials would be Kompan Spare Parts. Kompan has over 65,000 spare parts for current product lines
as well as past product lines. Each part has a retail price and includes all markups. We would be happy to provide a Parts Price List in
electronic format, if SDMC would like to view the list.
(15) Sell Price + (ADD) %
(16) Minimum $3500.00
(17) 60% of safety surfacing cost
(18) 100% of shade structure cost
(19) Please note all items may be negotiated for a particular job
(20) Kidstuff Playsystems will only service equipment manufactured by Kidstuff Playsystems, Olympic Recreation or Recreation Creations, LLC.
12% $5000 - $9999
15% $10000 - $14999
18% $15000 - $24999
20% $25000 - Above Discount does not include freight, specials/sales flyer, parts
(22) Bleachers Discount does not include freight, specials/sales flyer, parts
(23) Engineered Wood Fiber
(21) 8% $0000 - $4999
Page 20 of 21
TABULATION OF BIDS ON PARK AND PLAYGROUND EQUIPMENT, MCSD No. 21-0053-MR
Bids Due: 3:00 p.m., July 22, 2020
NOTES:
(24) or per discounts applied in catalog
(25) per discount applied in Playspace catalog
(26) Discounts included in Playspace/Rubber Designs Catalog
(27) Off Playgrounds Sets - Excludes Tot Builders, Custom Design Studio, Early Childhood Clever Climbers and Tot Tree
(28) Off Parts
(29) Pages 182 to 185
(30) off site amenities
(31) Pages 186 and 187
(32) Off Shade
(33) pff Safety Surface (PIP)
(34) Which equates to 35% of equipment list price before discount
(35) Included in Price
(36) Permits/Signed & Sealed Engineered Drawings not included. Prices TBD per Project
(37) Note: Prepay + Add Freight for all manufacturers. Any permitting requirements and costs (if applicable) will incur an additional fee.
(38) Playground Equipment - 34%
Site Equipment - 35%
Shade Structure - 110%
Surfacing Materials
Forestry Resources - 60%
Cowart Mulch - 60%
IMC Outdoor - 40%
Pierection Rubber Products 40%
(39) Prepay & Add freight for all manufacturers
(40) $900.00 Minimum charge for installation
(41) Industrial Shade Port manufactures and installs our own equipment
(42) BSN Sports Exceptions to percentage off bid Spring 2020 catalog-see list
Failure to file a protest within the time prescribed in section 120.57(3), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing
a bond shall constitute a waiver of proceedings under chapter 120, Florida Statutes.
Page 21 of 21
School Board of Manatee County, FL
August 25, 2020 – Regular Meeting
Action Item
Title:
21-0053-MR Park and Playground Equipment NTE $550,000.00
Executive Summary
Park and playground equipment is requested by schools and departments periodically throughout the
school year to replace broken equipment and to add/replace entire play areas. Each vendor listed agrees
to adhere to all required codes and standards and provide the School District of Manatee County with a
fixed percentage discount on various manufacturers plus installation where applicable. Based on this
criteria and to offer the schools a variety of manufacturer’s equipment, it is recommended to award to all
responsive bidders. Tentative plans to replace playground equipment at District school sites include Abel
Elementary School, Bashaw Elementary School, Miller Elementary School, Sea Breeze Elementary School,
and Stewart Elementary School as well as potential individual school funded purchases.
Approval of this agenda item does not indicate immediate or complete expenditure of approved funds.
The requested contract is for the period of September 1, 2020 through August 31, 2023. This bid is for a
period of three years with the option to renew for two additional one-year periods.
Evaluation prices are based on Florida Statute 287.084, Preference to Florida Business in procurement of
Personal Property and Services, giving preference to vendors located in Florida, effective July 1, 2012.
Historical expenditures for the first renewal period of September 9, 2018 through September 8, 2019,
were $382,968.52 and $522,740.07 for the second renewal period of September 9, 2019 through current.
The bid is recommended for award to:
· A&B Management Group, Inc. dba Southern Park and Play Systems, Viera, FL, Florida Document
No. P12000010491
· Advanced Recreational Concepts, Fort Pierce, FL, Florida Document No. L03000023078
· Apollo Sunguard Systems, Inc., Sarasota, FL, Florida Document No. F06000005042
· Bliss Products and Services, Inc., Plantation, FL, Florida Document No. G95904
· Creative Shade Solutions, Tarpon Springs, FL, Florida Document No. P07000037393
· Industrial Shadeports, Inc., Boca Raton, FL, Florida Document No. P160000586011
· Kompan, Inc., Tallahassee, FL, Florida Document No. F12000002586
· Lanier Plans, Inc. dba Korkat, Jacksonville, FL, Florida Document No. F09000003271
· MeTEOR Education, LLC, Gainesville, FL, Florida Document No. L08000093733
· Miller Recreation Equipment & Design, Inc./Miracle Recreation Equipment, Bradenton,
FL/Plantation, FL, Florida Document No. P97000049934/F06000007491
· PlayCore Wisconsin DBA Game Time, Plantation, FL, State, Florida Document No. F07000002689
· Playmore West, Inc., Fort Myers, FL, Florida Document No. P000000016534
· Playspace Services, Inc., Fort Pierce, State, Florida Document No. V52938
· Playpower LT Farmington, Inc., Plantation, FL, State, Florida Document No. F0700002768
· Project Innovations, Inc., Tarpon Springs, FL, Florida Document No. P10000094250
· Rep Services Inc., Maitland, FL, Florida Document No. L25288
· Superior Park Systems, Inc., Hollywood, FL, State, Florida Document No. P00000021472
· Swartz Associates, Inc., Naples, FL, Florida Document No. L49389
· Top Line Recreation, Inc., Sanford, FL, Florida Document No. P11000073376
· Varsity Sports dba BSN Sports, LLC, Tampa, FL, Florida Document No. L19000206027
The Superintendent recommends approval of the Bid for Park and Playground Equipment, SDMC No. 21-
0053-MR, not to exceed $550,000.00 annually.
Recommendation
Motion and approval of the Bid for Park and Playground Equipment, SDMC No. 21-0053-MR, not to
exceed $550,000.00 annually.
Financial Impact
The estimated cost to implement this agenda item will not exceed $550,000.00 annually. The funding
sources for this expenditure will be the Capital Improvement/General Funds/Internal Accounts, and is
included in the Maintenance, Operations & Central Distribution Warehouse Department and School Sites
proposed budgets for 2020-2021.
Contact:
Prepared by: Melody Ryan
Initiated by: Todd Henson, Maintenance and Operations
School Board Meeting: August 25, 2020
Attachments:
21-0053-MR Tab (PDF)
A&B Management Group, Inc. dba Southern Park Contract of Award Agreement with JLA CFR 200 (DOCX)
Advanced Recreational ConceptsContract of Award Agreement with JLA CFR 200 (DOCX)
Apollo Sunguard SystemsContract of Award Agreement with JLA CFR 200 (DOCX)
Bliss Products and Services Contract of Award Agreement with JLA CFR 200 (DOCX)
Creative Shade Solutions Contract of Award Agreement with JLA CFR 200 (DOCX)
Industrial Shadeports Contract of Award Agreement with JLA CFR 200 (DOCX)
Kompan Contract of Award Agreement with JLA CFR 200 (DOCX)
Lanier PlansContract of Award Agreement with JLA CFR 200 (DOCX)
MeTEOR Education Contract of Award Agreement with JLA CFR 200 (DOCX)
Miller-Miracle Contract of Award Agreement with JLA CFR 200 (DOCX)
PlayCore Contract of Award Agreement with JLA CFR 200 (DOCX)
Playmore West, Inc. Contract of Award Agreement with JLA CFR 200 (DOCX)
Playpower LT Farmington, Inc. Contract of Award Agreement with JLA CFR 200 (DOCX)
Playspace Services Contract of Award Agreement with JLA CFR 200 (DOCX)
Project Innovations, Inc.Contract of Award Agreement with JLA CFR 200 (DOCX)
Rep Services Inc..Contract of Award Agreement with JLA CFR 200 (DOCX)
Superior Park Systems, Inc. Contract of Award Agreement with JLA CFR 200 (DOCX)
Swartz Associates, Inc.Contract of Award Agreement with JLA CFR 200 (DOCX)
Top Line Recreation, Inc.Contract of Award Agreement with JLA CFR 200 (DOCX)
Varsity Sports dba BSN Sports Contract of Award Agreement with JLA CFR 200 (DOCX)
ELECTRONIC PIANO PANEL (BELOW DECK)
71871516B
4'
DECK
7185049
1' ADA STAIR
7188109
3'
DECK
7185029
GROOVE II
SLIDE
7186384
CHAMELEON II SLIDE
718670
SPIDER
CLIMBER
718908
ELECTRONIC ANIMAL
PANEL
71871517
HOW TALL
RU PANEL
718633
3 1/2" OD ARCH SWG FRAME ONLY 2 SEATS REQ MC
7188522
3 1/2" OD ARCH ADD-A-BAY 2 SEATS REQ MC
7188522X
8' BELT SEAT
W/CHAIN
2840
8' BELT SEAT
W/CHAIN
2840
8' BELT SEAT
W/CHAIN
2840
8' BELT SEAT
W/CHAIN
2840
1' ADA STAIR
7188109
4'
7185019
4' HONEYCOMB
CLIMBER
7187554
TOT ROCK
CLIMBER
718787
CHAMELEON II SLIDE
718670
TRANSFER
POINT
71885139
STEERING WHEEL
(POST MOUNT)
718900P1
AN ENERGY ABSORBING PROTECTIVE SURFACEIS REQUIRED UNDER & AROUND ALL PLAYSYSTEMS
GROUND SPACE:
PROTECTIVE AREA:
DRAWN BY:DATE:
PHONE NO:
FAX NO:
To promote safe and proper equipment useby children. Miracle recommends theinstallation of either a Miracle safety sign orother appropriate safety signage near eachplaysystem's main entry point(s) to informparents and supervisors of the ageappropriateness of the playsystem andgeneral rules for safe play.COMPLIES TO ADA
COMPLIES TO ASTM/CPSC
THE PLAY COMPONENTS IDENTIFIED IN THISPLAN ARE IPEMA CERTIFIED. THE USE ANDLAYOUT OF THESE COMPONENTS CONFORMTO THE REQUIREMENTS OF ASTM F1487.
R0093_44139422485
CLEARWATER, FL
CHARLES STREET PARK
(941) 794-2909
(941) 792-4580Bradenton,FL
2017 91st Street N.W.
11/4/2020Susan Miller
70'-6" x 35'-0"
50'-6" x 23'-6"
MILLER RECREATION EQUIPMENT & DESIGN, INC.
ELEVATED PLAY ACTIVITIES -TOTAL:
ELEVATED PLAY ACTIVITIES ACCESIBLE BY TRANSFER:
ELEVATED PLAY ACTIVITIES ACCESIBLE BY RAMP:
GROUND LEVEL ACTIVITY TYPE:
GROUND LEVEL QUANTITY:
REQ'D
REQ'D
REQ'D
REQ'D
AGE GROUP:2-12
2
2
4
0
7
6
3
0
0
North Greenwood Playground Cost
Part Number Description Qty Unit Price Total
4541 Crossway Climber Large 1 5,099.00$ 5,099.00$
7145029 Square Deck (attaches to 4 posts)1 990.00$ 990.00$
714518C612 Hexagon Mega TWR 2-Level (6' and 12' Deck)1 12,933.00$ 12,933.00$
7145494 5" OD x 124 Post (4 Deck)4 288.00$ 1,152.00$
7146701U Cham II Entry & Exit Vortex (5'- 6'6" Deck)1 2,090.00$ 2,090.00$
7146705 Chameleon II Right Section 1 494.00$ 494.00$
7146706 Chameleon II Left Section 1 494.00$ 494.00$
7146706 Chameleon II Left Section 1 494.00$ 494.00$
7146916 Dome Climber W/Orbs (6'6" Deck)1 2,775.00$ 2,775.00$
7147139B Alex's Lemonade Stand Panel (Below Deck Only)1 1,140.00$ 1,140.00$
71471517B Electronic Animal Panel (Below Deck)1 2,272.00$ 2,272.00$
71474212 30" ID Tube Slide RH (12' Deck)1 6,397.00$ 6,397.00$
71474949U 6'2" Typ Slide 405 Deg Domed Wave (4' Deck)1 6,055.00$ 6,055.00$
714782 Crunch Station 1 107.00$ 107.00$
714808 Climbing Pole (3', 5', or 6'6" Deck)1 647.00$ 647.00$
7148135 Deck Enc For Overhead Climbers (only)1 462.00$ 462.00$
714816W Full Wave Barrier Tube 1 597.00$ 597.00$
71483012 Full Wall Enclosure 2 821.00$ 1,642.00$
7148302 Upper Enclosure for Tube Slide 1 657.00$ 657.00$
7148303 Upper Enclosure w/ Lookout Panel 1 1,022.00$ 1,022.00$
7148306 Lean Out Enclosure 2 1,389.00$ 2,778.00$
714851459 Square Transfer Point w/ Open HR (4' Deck)1 2,331.00$ 2,331.00$
7148626 Roof for Hexagon Deck, Perf Steel 1 3,486.00$ 3,486.00$
7148626C Cupola top w/ Perf Steel for 7148626 Hex Roof 1 892.00$ 892.00$
71495949 ADA Stairs between decks w/ 2' rise 4' span 1 2,950.00$ 2,950.00$
7149746 Wiggly Worm Climber (5' or 6'6" Deck)1 1,285.00$ 1,285.00$
714999Z Customer Service Kit- no price 7 -$ -$
925920Z Touch Up Paint Kit- Freestanding- no price 2 -$ -$
787Z Risk Management Sign- English- no price 1 -$ -$
925961 Thumb Drive 2GB-MREC 1 -$ -$
926021 MREC Card f/Thumb Drive 1 -$ -$
Install Install Book for PP Orders 1 -$ -$
Equipment List Total 61,241.00$
Discount Applied (12,861.00)$
Freight 3,332.53
Installation 12,695.00
Grand Total 64,407.53$
Garden Ave Playground Cost
Part Number Description Qty Unit Price Total
7045029 Square Deck attaches to (4) 3-1/2" Posts 3 988.00$ 2,964.00$
7046085 Wavy Wedge Wall Walker (5' Deck)1 2,910.00$ 2,910.00$
7046385 Groove II Slide (5' Deck)1 1,683.00$ 1,683.00$
70474859 6'2" Typhoon II Slide 360 Deg (5' Deck)1 5,889.00$ 5,889.00$
704787 Tot Rock Climber (3' Deck)1 1,122.00$ 1,122.00$
704796P1 Bell (Post Mount)1 158.00$ 158.00$
704808 Climbing Pole (3',5' or 6'6" Deck)1 645.00$ 645.00$
7048135 Deck Encl for Overhead Climbers Only 1 460.00$ 460.00$
7048193D Boulder Ridge 3 Section, Ground to Deck 1 3,963.00$ 3,963.00$
7048485 Twister Climber (5' Deck)1 1,399.00$ 1,399.00$
704851359 Square Transfer Point w/ Open HR (3' Deck)1 2,179.00$ 2,179.00$
7048614 Square Roof, Double Wall 2 1,038.00$ 2,076.00$
70495949 ADA Stairs between decks w/ 2' rise 4' span 1 2,948.00$ 2,948.00$
70497049 4' Arch Bridge Between Decks 1 2,922.00$ 2,922.00$
714999Z Customer Service Kit - no price 1 -$ -$
718552 3-1/2" OD x 130" Post (3'to 5' Decks)2 181.00$ 362.00$
718554 3-1/2" OD x 166" Post (7'to 8' Decks)2 227.00$ 454.00$
718572 3-1/2" OD x 138" Post for Roof (3'Dk or less)4 159.00$ 636.00$
718573 3-1/2" OD x 162" Post for Roof (3'6" Dk to 5' Dk)4 183.00$ 732.00$
787Z Risk Management Sign- English- no price 1 -$ -$
925961 Thumb Drive 2GB-MREC 1 -$ -$
926021 MREC Card f/Thumb Drive 1 -$ -$
Install Install Book for PP Orders 1 -$ -$
Equipment List Total 33,502.00$
Discount Applied (9,355.30)$
Freight 2,235.87
Installation 6,616.00
Grand Total 32,998.57$
Charles St Playground Cost
Part Number Description Qty Unit Price Total
2840 Swg Part Splash Proof Seat w/Chain (8' TR) 4 119.00$ 476.00$
7185019 Triangle Deck (attaches to 3 posts)1 622.00$ 622.00$
7185029 Square Deck (attaches to 4 posts)1 796.00$ 796.00$
7185049 1/2 Hex Open Deck (attaches to 5 posts)1 1,224.00$ 1,224.00$
7185494 3-1/2 OD x 118" Post (4'Deck)12 168.00$ 2,016.00$
718633 How Tall RU Panel (Post Mount)1 338.00$ 338.00$
7186384 Groove II Slide (4' Deck)1 1,529.00$ 1,529.00$
718670 Chameleon II Entry & Exit 2'6"-4'6"2 1,883.00$ 3,766.00$
7186705 Chameleon II Right Section 1 490.00$ 490.00$
7186706 Chameleon II Left Section 1 490.00$ 490.00$
71871516B Electronic Piano Panel (Below Deck)1 2,268.00$ 2,268.00$
71871517 Electronic Animal Panel 1 2,151.00$ 2,151.00$
7187554 Honeycomb Climber (4' Deck)1 1,290.00$ 1,290.00$
718787 Tot Rock Climber (3' Deck)1 1,056.00$ 1,056.00$
7188109 ADA Stairs BTWN Decks W/1' Rise CLSD HR 2 1,026.00$ 2,052.00$
71885139 Square Transfer Point W/ Closed HR (3' Deck)1 2,640.00$ 2,640.00$
7188522 3-1/2 OD Arch SWG Frame Only 2 Seats REQ MC 1 1,200.00$ 1,200.00$
7188522X 3-1/2 OD Arch Add-A-Bay 2 Seats Req MC 1 661.00$ 661.00$
718900P1 Steering Wheel (Post Mount) 1 158.00$ 158.00$
718908 Spider Climber (3',5' or 6' Deck)1 758.00$ 758.00$
718999Z Customer Service Kit- no price 7 -$ -$
787Z Risk Management Sign- English- no price 1 -$ -$
925961 Thumb Drive 2GB-MREC 1 -$ -$
926021 MREC Card f/Thumb Drive 1 -$ -$
Install Install Book for PP Orders 1 -$ -$
Equipment List Total 25,981.00$
Discount Applied (5,456.00)$
Freight 1,387.15
Installation 5,131.00
Grand Total 27,043.15$
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#20-8618
Agenda Date: 1/19/2021 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Police Department
Agenda Number: 6.1
SUBJECT/RECOMMENDATION:
Approve the Pinellas County Combined Mutual Aid Agreement for law enforcement services for
the period February 1, 2021 through January 31, 2025 and authorize the appropriate officials to
execute same. (consent)
SUMMARY:
Mutual aid agreements among law enforcement agencies are authorized by Chapter 23, Florida
Statutes, for rendering voluntary assistance of a routine law enforcement nature to one another
across jurisdictional lines by and between such agencies to such lawful activities and to enter
into an operational assistance agreement whereby each agency may request and render law
enforcement assistance to the other law enforcement agencies during emergencies under
Section 252.34, Florida Statutes.
The current Pinellas County Mutual Aid Agreement expires January 31, 2021.
This agreement allows for mutual aid in routine law enforcement matters and during
emergencies, as well as provisions for interjurisdictional traffic investigation and enforcement,
traffic infraction or offenses involving school buses or school bus stops, school resource
officers and marine violations. This agreement has no substantive changes to the current
expiring Pinellas County Combined Mutual Aid Agreement.
There is no budgetary impact associated with the Pinellas County Combined Mutual Aid
Agreement.
Page 1 City of Clearwater Printed on 1/18/2021
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#20-8663
Agenda Date: 1/19/2021 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Police Department
Agenda Number: 6.2
SUBJECT/RECOMMENDATION:
Approve a Memorandum of Agreement (Agreement) between Bob Gualtieri, as Sheriff of
Pinellas County, Florida (Sheriff) and the City of Clearwater Police Department to establish a
Pilot Co-Responder Program to handle mental health related calls for service and authorize the
appropriate officials to execute same. (consent)
SUMMARY:
According to the National Alliance on Mental Illness (NAMI), one in five Americans are affected
by mental illness each year. Annually, the Clearwater Police Department responds to at least
1,400 calls for service which involve issues related to mental illness. 20% of the fatal police
shootings in the United States involve a subject with mental illness. Police officers are routinely
tasked with being the first responder to persons involved in mental health crisis but have limited
options to address long-term, reoccurring issues that generate repeat calls for service and
disrupt neighborhoods and businesses.
The Clearwater Police Department proposes establishing a co-responder model to respond to
in-progress calls and conduct follow-up on calls involving persons suffering from mental illness.
Two co-responder teams will be created with each including a Clearwater Police Officer paired
with a Crisis Response Specialist provided in the Agreement by the Pinellas County Sheriff’s
Office. The two police officers necessary for this program will be provided from the Police
Department’s existing resources.
The costs of the two Crisis Response Specialists are $143,200 ($71,600 each). The
department will be billed quarterly for the work performed in the previous quarter and will not be
responsible for payment if the positions are vacant for more than two weeks.
APPROPRIATION CODE AND AMOUNT:
If approved, a first quarter budget amendment will establish special program P2101, Mental
Health Co-Responder Team, recognizing a transfer of $143,200 from General Fund reserves.
USE OF RESERVE FUNDS:
Funding for this agreement will be provided by a first quarter budget amendment allocating
General Fund reserves in the amount of $143,200 to special program P2101, Mental Health
Co-Responder Team. Inclusive of this item if approved, a net total of $1,057,652 of General
Fund reserves has been appropriated by Council to fund expenditures in the 2020/21 operating
Page 1 City of Clearwater Printed on 1/18/2021
File Number: ID#20-8663
budget. The remaining balance in General Fund reserves after the 8.5% reserve is
approximately $34.7 million, or 22.8% of the current General Fund operating budget.
Page 2 City of Clearwater Printed on 1/18/2021
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: 9435-21
Agenda Date: 1/19/2021 Status: Agenda ReadyVersion: 1
File Type: OrdinanceIn Control: Police Department
Agenda Number: 6.3
SUBJECT/RECOMMENDATION:
Amend Clearwater Code of Ordinances Section 6.29, Alcoholic Beverages - Closing Hours,
prohibiting the sale of alcoholic beverages by alcoholic beverage establishments between the
hours of 1:00 a.m. to 8:00 a.m. in Clearwater Beach, Sand Key, and Island Estates and pass
Ordinance 9435-21 on first reading.
SUMMARY:
Clearwater Police District I encompass Clearwater Beach, Sand Key, and Island Estates. This
area is predominantly a tourism district that includes residential property, and unique
circumstances exist that require special considerations to avoid breeches of the peace.
An analysis of police calls for service revealed the calls for service in Police District I maintain a
consistent level from 11 p.m. until 4 a.m., while calls for service in Police District II and Police
District III begin to sharply decline at 12 a.m. through 4 a.m. A further analysis of the calls in
District I revealed many of the calls were disturbances and calls for service where alcohol is a
factor.
Pinellas County Code 6-29 prohibits the sale of alcoholic beverages between the hours of 3:00
a.m. to 8:00 a.m. It is allowable for the City of Clearwater to establish closing hours that are
more restrictive than Pinellas County Code.
Amending 6.29 to reflect a prohibition of the sale of alcoholic beverages by alcoholic beverage
establishments between the hours of 1:00 a.m. to 8:00 a.m. in Clearwater Beach, Sand Key,
and Island Estates is recommended to balance the interests of all parties in this geographic
area with unique needs and challenges.
Page 1 City of Clearwater Printed on 1/18/2021
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#20-8555
Agenda Date: 1/19/2021 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Engineering Department
Agenda Number: 7.1
SUBJECT/RECOMMENDATION:
Award a construction contract to Central Florida Contractors, Inc. of Seminole, Florida, per
Invitation to Bid (ITB) 20-0026-EN for the 2021 Sidewalks project, in the amount of $750,000 for
an initial one-year term with an option to renew for three, one-year renewal terms on a unit price
basis, and authorize the appropriate officials to execute same. (consent)
SUMMARY:
November 18, 2020, ITB 20-00426-EN closed with Central Florida Contractors, Inc. as the
lowest most responsible bidder.
The City of Clearwater’s annual sidewalk construction program is for the construction of new
sidewalks which includes significant amounts of American Disabilities Act (ADA) related
upgrades as well as repair and replacement of existing sidewalks and curbing and driveway
aprons throughout Clearwater. The Engineering Department will be providing construction
inspection.
Streets scheduled for sidewalk construction under this contract were selected from the City’s
pavement management plan, citizens' requests, and staff observations. Neighborhoods and
streets included in this multi-year sidewalk construction contract are Imperial Park, Lake
Bellevue, Countryside, Milton Park, North Harbor Oaks, and Fairwood Forest.
This is a unit price contract not to exceed a total of $750,000 annually with an estimated start
date of February 4, 2021.
The City reserves the option to extend the contract on a yearly basis up to three additional
one-year renewal terms.
APPROPRIATION CODE AND AMOUNT:
ENRD180004-CONS-CNSTRC $750,000
Funds are available in capital improvement project ENRD180007, Streets and Sidewalks , to
fund this contract.
Page 1 City of Clearwater Printed on 1/18/2021
BID ITEMS UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT
New Sidewalk
1.0 Mobilization and Site Preparation
1.1 Maintenance of Traffic LS 1 15,000.00$ 15,000.00$ 137,460.00$ 137,460.00$ 98,000.00$ 98,000.00$
1.2 Mobilization (5%)LS 1 10,000.00$ 10,000.00$ 34,082.00$ 34,082.00$ 100,000.00$ 100,000.00$
1.3 Demolition (5%)LS 1 10,000.00$ 10,000.00$ 34,082.00$ 34,082.00$ 100,000.00$ 100,000.00$
1.4 Erosion and Sediment Control LS 1 5,000.00$ 5,000.00$ 28,401.00$ 28,401.00$ 1,000.00$ 1,000.00$
1.5 Root Pruning LF 558 6.00$ 3,348.00$ 28.40$ 15,847.20$ 25.00$ 13,950.00$
1.6 Sprinklers (Yard Frontage) (Section IVa)LF 500 5.00$ 2,500.00$ 28.40$ 14,200.00$ 15.00$ 7,500.00$
1.7 Sod - St. Augustine (if needed)SF 1200 4.00$ 4,800.00$ 1.14$ 1,368.00$ 1.15$ 1,380.00$
1.8 Sod - Bahia (if needed)SF 1200 3.00$ 3,600.00$ 1.14$ 1,368.00$ 1.00$ 1,200.00$
1.9 Project Sign (portable)LS 1 1,000.00$ 1,000.00$ 2,841.00$ 2,841.00$ 1,500.00$ 1,500.00$
1.10 Tree Removal (4" -12" DIA)EA 4 500.00$ 2,000.00$ 852.25$ 3,409.00$ 1,000.00$ 4,000.00$
1.11 Tree Removal (13" -24" DIA)EA 1 1,000.00$ 1,000.00$ 1,705.00$ 1,705.00$ 3,200.00$ 3,200.00$
1.12 Tree Removal (25" - 36" DIA)EA 1 1,500.00$ 1,500.00$ 2,273.00$ 2,273.00$ 5,500.00$ 5,500.00$
1.13 Tree Removal (GREATER THAN 36" DIA)EA 1 5,000.00$ 5,000.00$ 3,409.00$ 3,409.00$ 13,500.00$ 13,500.00$
1.14 Tree Removal (PALM)EA 4 500.00$ 2,000.00$ 1,136.25$ 4,545.00$ 6,000.00$ 24,000.00$
Mobilization and Site Preparation Subtotal 66,748.00$ 284,990.20$ 374,730.00$
2.0 New Sidewalk
2.1 4" Thick Concrete Sidewalk (3000 psi w/ fiber mesh) SF 1500 5.00$ 7,500.00$ 7.95$ 11,925.00$ 9.00$ 13,500.00$
2.2 6" Thick Concrete Sidewalk (3000psi w/fiber mesh)SF 20000 6.00$ 120,000.00$ 7.95$ 159,000.00$ 22.00$ 440,000.00$
2.3 6" thick concrete driveway apron (3000 psi w/fiber mesh reinforcing & wwf)SF 735 6.50$ 4,777.50$ 7.95$ 5,843.25$ 19.00$ 13,965.00$
2.4 Install Detectable Warning Mats on existing sidewalk ramps EA 38 280.00$ 10,640.00$ 340.84$ 12,951.92$ 500.00$ 19,000.00$
2.5 ADA mat only (detectable warning surface installed on existing conc.)EA 200 240.00$ 48,000.00$ 340.81$ 68,162.00$ 500.00$ 100,000.00$
2.6 ADA ramps with mat FDOT 304, CR-E, CR-F, CR-L & City Index 109 EA 80 1,100.00$ 88,000.00$ 1,704.04$ 136,323.20$ 1,400.00$ 112,000.00$
2.7 ADA ramps with modified valley gutter EA 46 1,100.00$ 50,600.00$ 2,556.07$ 117,579.22$ 1,800.00$ 82,800.00$
2.8 Remove & Construct transition curb as required (ADA ramps)LF 142 25.00$ 3,550.00$ 34.10$ 4,842.20$ 80.00$ 11,360.00$
2.9 City Valley Gutter Curb LF 115 25.00$ 2,875.00$ 34.09$ 3,920.35$ 55.00$ 6,325.00$
New Sidewalk Subtotal 335,942.50$ 520,547.14$ 798,950.00$
3.0 Paving
3.1 1.5" FDOT Type S Asphalt SY 1480 24.00$ 35,520.00$ 17.61$ 26,062.80$ 30.00$ 44,400.00$
3.2 4" Crushed Conc Base SY 1480 19.00$ 28,120.00$ 51.12$ 75,657.60$ 30.00$ 44,400.00$
Paving Subtotal 63,640.00$ 101,720.40$ 88,800.00$
New Sidewalk Subtotal 466,330.50$ 907,257.74$ 1,262,480.00$ 3.3 New Sidewalk Contingency 10%LS 1 46,633.05$ 46,633.05$ 90,725.77$ 90,725.77$ 126,248.00$ 126,248.00$
New Sidewalk Total 512,963.55$ 997,983.51$ 1,388,728.00$
Repair and Replace Sidewalk
4.0 Repair and Replacement Sidewalk
4.1 4" Thick Concrete sidewalk (3000 psi w/ fiber mesh) SF 1500 5.75$ 8,625.00$ 9.66$ 14,490.00$ 15.00$ 22,500.00$
4.2 4" Thick concrete sidewalk Construction with Tree Protection SF 3000 7.75$ 23,250.00$ 9.66$ 28,980.00$ 17.00$ 51,000.00$
4.3 6" Thick Concrete Sidewalk (3000psi w/fiber mesh & wwf) SF 16000 6.75$ 108,000.00$ 9.66$ 154,560.00$ 25.00$ 400,000.00$
4.4 6" Thick concrete sidewalk repair with tree protection SF 10000 7.75$ 77,500.00$ 9.66$ 96,600.00$ 30.00$ 300,000.00$
4.5 ADA ramps with modified valley gutter EA 6 1,500.00$ 9,000.00$ 2,556.33$ 15,337.98$ 3,000.00$ 18,000.00$
4.6 Remove & Construct transition curb as required (ADA ramps)LF 15 50.00$ 750.00$ 56.87$ 853.05$ 90.00$ 1,350.00$
4.7 6" thick concrete driveway apron (3000 psi w/fiber mesh reinforcing & wwf)SF 735 6.75$ 4,961.25$ 10.80$ 7,938.00$ 24.00$ 17,640.00$
Repair and Replacement Sidewalk Subtotal 232,086.25$ 318,759.03$ 810,490.00$
5.0 Curb
5.1 Modified Curb (R&R)LF 1275 23.00$ 29,325.00$ 34.08$ 43,452.00$ 33.00$ 42,075.00$
5.2 Valley Curb (R& R)LF 1275 23.00$ 29,325.00$ 34.08$ 43,452.00$ 35.00$ 44,625.00$
5.3 Type 1 curb (R&R)LF 750 23.00$ 17,250.00$ 34.08$ 25,560.00$ 40.00$ 30,000.00$
5.4 12" Stabilized subgrade (LBR40)SY 1000 15.00$ 15,000.00$ 29.54$ 29,540.00$ 15.00$ 15,000.00$
Curb Subtotal 90,900.00$ 142,004.00$ 131,700.00$
Repair and Replace Sidewalk Subtotal 322,986.25$ 460,763.03$ 942,190.00$
6.0 Repair and Replace Sidewalk Contingency 10%LS 1.0 32,298.63$ 32,298.63$ 46,076.30$ 46,076.30$ 94,219.00$ 94,219.00$
Repair and Replace Sidewalk Total 355,284.88$ 506,839.33$ 1,036,409.00$
SUBTOTAL 789,316.75$ 1,368,020.77$ 2,204,670.00$
TOTAL CONTINGENCY - 10%78,931.68$ 136,802.08$ 220,467.00$
TOTAL CONTRACT 868,248.43$ 1,504,822.85$ 2,425,137.00$
Bidders Grand Total 868,248.43$ 1,504,822.85$ 2,425,137.00$
Bid Tabulations are not public until 30 days after bid opening or upon award by City Council, whichever occurs first.
corrected The tabulations are based on the unit price multiplied by quantity. Items in yellow have been corrected.
DBE Disadvantaged Business Enterprise
2021 SIDEWALKS #20-0026-ENBID OPENING - NOVEMBER 18, 2020 AWARD - DECEMBER 17, 2020
PCS Civil, Inc.
6920 Asphalt Avenue
Tampa, FL 33614
Central Florida Contractors, Inc. P.O. Box 3987
Seminole, FL 33775
D-Mar General Contracting & Development
1453 S. MLK Jr. Avenue
Clearwater, FL 33756
DBE
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 ....................................................................................................................... 19
SCRUTINIZED COMPANIES THAT BOYCOTT ISRAEL LIST CERTIFICATION FORM...... 20
SECTION V – Contract Documents
SECTION V Page 1 of 20 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
Central Florida Contractors, Inc.
P.O. Box 3978
Seminole, FL 33755
(727) 596-0708
City of Clearwater
Engineering Department
100 S. Myrtle Avenue
Clearwater, FL 33756
(727) 562-4750
PROJECT NAME: 2021 Sidewalks
PROJECT NO.: 20-0026-EN
PROJECT DESCRIPTION: This contract that includes the concrete construction of approximately 10,500
square feet of new sidewalk, approximately 45,000 square feet of replaced sidewalk, approximately 3,300
linear feet of curb, tree removal, ADA ramps and related items within the City of Clearwater as shown on
the engineering maps prepared by the City of Clearwater Engineering Dept.
BY THIS BOND, We, Central Florida Contractors Inc., as Contractor, and
__________________________________________________, a corporation, as Surety, are bound to the
City of Clearwater, Florida, herein called Owner, in the sum of $750,000.00, for payment of which we bind
ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally.
THE CONDITION OF THIS BOND is that if Contractor:
1. Performs the contract dated _________________, between Contractor and Owner for construction
of 2021 Sidewalks, the contract documents being made a part of this bond by reference (which
include the Advertisement for Bids, Proposal, Contract, Surety Bond, Instructions to Bidders,
General Conditions, Plans, Technical Specifications and Appendix, and such alterations as may be
made in said Plans and Specifications as therein provided for), at the times and in the manner
prescribed in the contract; and
SECTION V – Contract Documents
SECTION V Page 2 of 20 Updated: 5/4/2020
2. Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes,
supplying Contractor with labor, materials, or supplies, used directly or indirectly by Contractor in
the prosecution of the work provided for in the contract; and
SECTION V – Contract Documents
SECTION V Page 3 of 20 Updated: 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).
Central Florida Contractors, 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 20 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 Central Florida
Contractors, Inc., of the City of Seminole County of Pinellas 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: 2021 Sidewalks
PROJECT NO.: 20-0026-EN
in the amount of $750,000.00
In accordance with such proposal and technical supplemental specifications and such other special
provisions and drawings, if any, which will be submitted by the City, together with any advertisement,
instructions to bidders, general conditions, technical specifications, proposal and bond, which may be hereto
attached, and any drawings if any, which may be herein referred to, are hereby made a part of this contract,
and all of said work to be performed and completed by the contractor and its successors and assigns shall
be fully completed in a good and workmanlike manner to the satisfaction of the City.
If the Contractor should fail to comply with any of the terms, conditions, provisions or stipulations as
contained herein within the time specified for completion of the work to be performed by the Contractor,
then the City, may at its option, avail itself of any or all remedies provided on its behalf and shall have the
right to proceed to complete such work as Contractor is obligated to perform in accordance with the
provisions as contained herein.
SECTION V – Contract Documents
SECTION V Page 5 of 20 Updated: 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 20 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 20 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 20 Updated: 5/4/2020
CONSENT OF SURETY TO FINAL PAYMENT
TO OWNER: City of Clearwater PROJECT NAME: 2021 Sidewalks
Engineering Dept. PROJECT NO.: 20-0026-EN
100 S. Myrtle Ave. CONTRACT DATE: [__________]
Clearwater, FL 33756 BOND NO.: [__________], recorded in O.R. Book [____],
Page [____], of the Public Records of Pinellas County, Florida.
CONTRACTOR: Central Florida Contractors, 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
Central Florida Contractors, Inc.
P.O. Box 3987
Seminole, FL 33775 ,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 Dept.
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):
SECTION V – Contract Documents
SECTION V Page 12 of 20 Updated: 5/4/2020
PROPOSAL
(1)
TO THE CITY OF CLEARWATER, FLORIDA, for
2021 Sidewalks (20-0026-EN)
and doing such other work incidental thereto, all in accordance with the contract documents, marked
2021 Sidewalks (20-0026-EN)
Every bidder must take notice of the fact that even though his proposal be accepted and the documents
signed by the bidder to whom an award is made and by those officials authorized to do so on behalf of the
City of Clearwater, Florida, that no such award or signing shall be considered a binding contract without a
certificate from the Finance Director that funds are available to cover the cost of the work to be done, or
without the approval of the City Attorney as to the form and legality of the contract and all the pertinent
documents relating thereto having been approved by said City Attorney; and such bidder is hereby charged
with this notice.
The signer of the Proposal, as bidder, also declares that the only person, persons, company or parties
interested in this Proposal, are named in this Proposal, that he has carefully examined the Advertisement,
Instructions to Bidders, Contract Specifications, Plans, Supplemental Specifications, General Conditions,
Special Provisions, and Public Construction Bond, that he or his representative has made such investigation
as is necessary to determine the character and extent of the work and he proposes and agrees that if the
Proposal be accepted, he will contract with the City of Clearwater, Florida, in the form of contract; hereto
annexed, to provide the necessary labor, materials, machinery, equipment, tools or apparatus, do all the
work required to complete the contract within the time mentioned in the General Conditions and according
to the requirements of the City of Clearwater, Florida, as herein and hereinafter set forth, and furnish the
required surety bonds for the following prices to wit:
If the foregoing Proposal shall be accepted by the City of Clearwater, Florida, and the undersigned shall
fail to execute a satisfactory contract as stated in the Advertisement herein attached, then the City may, at
its option determine that the undersigned has abandoned the contract, and thereupon this Proposal shall be
null and void, and the certified check or bond accompanying this Proposal, shall be forfeited to become the
property of the City of Clearwater, Florida, and the full amount of said check shall be retained by the City,
or if the Proposal Bond be given, the full amount of such bond shall be paid to the City as stipulated or
liquidated damages; otherwise, the bond or certified check accompanying this Proposal, or the amount of
said check, shall be returned to the undersigned as specified herein.
US Hwy 19 NDREW ST
DRUID RD
SR 580
BELLEAIR RD
SUNSET POINT RD N BELCHER RD N McMULLEN BOOTH RD GULF-TO-BAY BLVD
UNION ST
LAKEVIEW RD
NURSERY RD
CLEVELAND ST N KEENE RD N BETTY LN GULF BLVD COURT ST N HERCULES AVE SR 590
COURTNEY CAMPBELL CSWY S MISSOURI AVE N HIGHLAND AVE KINGS HWY S BELCHER RD MEMORIAL CSWY N MYRTLE AVE N OLD COACHMAN RDDOUGLAS AVE PALMETTO ST BAYSI
DE BRG
VIRGINIA AVE SUNSET DR UNION ST
Document Path: C:\Users\Wioletta.Dabrowski\City of Clearwater\Engineering Geographic Technology - Engineering\Location Maps\2021_Sidewalk_Grinding_Contract\2021SidewalkConstruction.mxd
2021 Sidewalk Area not in Clearwater Jurisdiction Clearwater Service Area
2021 Sidewalk Construction (20-0026-EN)
LOCATION MAP
Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com Page 1 of 1XX-XXs-XXeS-T-R:BEReviewed By:WDMap Gen By:
²
N.T.S.Scale:XXXXGrid #:Date:11/25/2020
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#20-8622
Agenda Date: 1/19/2021 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Engineering Department
Agenda Number: 7.2
SUBJECT/RECOMMENDATION:
Approve an Easement Subordination to Florida Department of Transportation (FDOT) for the
purpose of maintaining a Digital Message Sign (DMS) in the vicinity of Nursery Road and U.S.
19 North and authorize the appropriate officials to execute same. (consent)
SUMMARY:
The FDOT owns the underlying fee simple real property interest in the subject property;
however, the property is burdened by an easement in favor of the City of Clearwater.
FDOT has requested a partial subordination of the City’s easement area to accommodate
the DMS cabinet. The proposed easement subordination will provide the Florida
Department of Transportation with property rights necessary to maintain their DMS sign,
which provides for community interest and public welfare.
Page 1 City of Clearwater Printed on 1/18/2021
PVT. DRIVEPVT. DRIVEUS Hwy 19 NE US-19 FRONTAGE RDW US-19 FRONTAGE RDNURSERY RD
18740
18627
18675
18698
18819
AERIAL MAP
²
N.T.S.Scale:
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Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com
Easement Subordination for DMS CabinetUS 19 N. and Nursery Road
Page 1 of 1Aerial Flown 2019 Date:12/14/2020KNMap Gen By:RBReviewed By:318AGrid #:32-28s-15eS-T-R:
10'x10' ProposedEasementSubordination
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ORD #9434-21
Agenda Date: 1/19/2021 Status: Agenda ReadyVersion: 1
File Type: OrdinanceIn Control: Engineering Department
Agenda Number: 7.3
SUBJECT/RECOMMENDATION:
Continue to February 4, 2020: Approve staff request to vacate an alley located within the
Clearwater Gas Complex at 777 Maple Street, described as, All of the platted alley lying within
Block 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, which Pinellas
County was once part, and pass Ordinance 9434-21 on first reading.
SUMMARY:
City staff recommends the alley vacation within the Clearwater Gas Complex. Said alley 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 1/18/2021
1
Ord. No. 9434-21
ORDINANCE NO. 9434-21
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, VACATING AN ALLEY, DESCRIBED AS ALL OF
THE PLATTED ALLEY LYING WITHIN BLOCK 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, WHICH PINELLAS COUNTY
WAS ONCE A PART; 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 alley with no effect
upon said fee interest; and
WHEREAS, the City Council of the City of Clearwater, Florida finds that said alley 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 alley 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.
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.
2
Ord. No. 9434-21
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)
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 VariesProposed Alley Vacation
The vacation of an alley, as recorded in Plat Book 4, Page 82, of the Public Records of Hillsborough County,
which Pinellas County was once a part, described as follows:
All of the platted alley lying within Block 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, which
Pinellas County was once a part.
CITY OF CLEARWATER
ENGINEERING DEPARTMENT
DRAWN BY CHECKED BY
DATE DRAWN
SEC-TWNSP-RNG
DWG. NO.SHEET
OFExhibit "A"
Kieffer Nyland 12/14/2020
Lgl_2020-17 1 1
09 29 S 15 E
Legal Description
JONES ST N MYRTLE AVE HART ST BLANCHE B LITTLEJOHN TRL HART ST 703310
410
404
400
402
AERIAL MAP
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N.T.S.Scale:
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Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com
Proposed Alley Vacation at Clearwater Gas777 Maple St.
Page 1 of 1Aerial Flown 2019 Date:12/15/2020KNMap Gen By:
PROPOSED ALLEY 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: ANX2020-10011
Agenda Date: 1/19/2021 Status: Agenda ReadyVersion: 1
File Type: Planning CaseIn Control: Planning & Development
Agenda Number: 8.1
SUBJECT/RECOMMENDATION:
Approve the annexation, initial Future Land Use Map designations of Residential Low (RL) and
Water/Drainage Feature Overlay and initial Zoning Atlas designation of Low Medium Density
Residential (LMDR) District for 2776 N. Terrace Drive, and pass Ordinances 9419-21, 9420-21
and 9421-21 on first reading. (ANX2020-10011)
SUMMARY:
This voluntary annexation petition involves 0.204-acres of property consisting of one parcel of
land occupied by a single-family dwelling. The parcel is located on the north side of N. Terrace
Drive approximately 120 feet west of El Trinidad Drive E. The applicants are requesting
annexation in order to receive sanitary sewer and solid waste service from the City. The
property is contiguous to existing city limits in all directions and the annexation will eliminate an
enclave. It is proposed that the property be assigned Future Land Use Map designations of
Residential Low (RL) and Water/Drainage Feature Overlay and a Zoning Atlas designation of
Low Medium Density Residential (LMDR).
The Planning and Development Department determined that the proposed annexation is
consistent with the provisions of Clearwater Community Development Code Section 4-604.E
as follows:
·The property currently receives water service from Pinellas County. Collection of solid
waste will be provided to the property by the City. The closest sanitary sewer line is
located in the N. Terrace Drive right-of-way. The owners are aware of the sewer impact
and assessment fees that must be paid in full prior to connection and of the additional
costs to extend City sewer service to the property. The property is located within Police
District III and service will be administered through the district headquarters located at
2851 N. McMullen Booth Road. Fire and emergency medical services will be provided to
this property by Station #49 located at 565 Sky Harbor Drive. The City has adequate
capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS
service. Water service will continue to be provided by Pinellas County. The proposed
annexation will not have an adverse effect on public facilities and their levels of service;
and
·The proposed annexation is consistent with and promotes the following objectives and
policy of the Clearwater Comprehensive Plan:
Objective A.6.4 Due to the built-out character of the City of Clearwater, compact
urban development within the urban service area shall be promoted through
application of the Clearwater Community Development Code.
Page 1 City of Clearwater Printed on 1/18/2021
File Number: ANX2020-10011
Objective A.7.2 Diversify and expand the City’s tax base through the annexation
of a variety of land uses located within the Clearwater Planning Area.
Policy A.7.2.3 Continue to process voluntary annexations for single-family
residential properties upon request.
·The proposed Residential Low (RL) Future Land Use Map category is consistent with
the current Countywide Plan designation of the property. This designation primarily
permits residential uses at a density of 5 units per acre. The proposed Water/Drainage
Feature Overlay recognizes the drainage easement along the northern boundary of the
property. The proposed zoning district to be assigned to the property is Low Medium
Density Residential (LMDR). The use of the subject property is consistent with the
uses allowed in the District and the property exceeds the District’s minimum
dimensional requirements. The proposed annexation is therefore consistent with the
Countywide Plan and the City’s Comprehensive Plan and Community Development
Code; and
·The property proposed for annexation is contiguous to existing city limits in all
directions. Therefore, the annexation is consistent with Florida Statutes Chapter
171.044.
APPROPRIATION CODE AND AMOUNT: N/A
USE OF RESERVE FUNDS: N/A
Page 2 City of Clearwater Printed on 1/18/2021
Ordinance No. 9419-21
ORDINANCE NO. 9419-21
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, ANNEXING CERTAIN REAL PROPERTY
LOCATED ON THE NORTH SIDE OF N TERRACE DRIVE
APPROXIMATELY 120 FEET WEST OF EL TRINIDAD
DRIVE E, WHOSE POST OFFICE ADDRESS IS 2776 N
TERRACE DRIVE, CLEARWATER, FLORIDA 33759 INTO
THE CORPORATE LIMITS OF THE CITY, AND
REDEFINING THE BOUNDARY LINES OF THE CITY TO
INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the owners of the real property described herein and depicted on the
map attached hereto as Exhibit A have petitioned the City of Clearwater to annex the
property into the City pursuant to Section 171.044, Florida Statutes, and the City has
complied with all applicable requirements of Florida law in connection with this ordinance;
now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of
Clearwater and the boundary lines of the City are redefined accordingly:
Lot 2, Block 3, VIRGINIA GROVE TERRACE FIRST ADDITION, according to the
map or plat thereof, as recorded in Plat Book 37, page 62, Public Records of Pinellas
County, Florida;
(ANX2020-10011)
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. 9419-21
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
Proposed Annexation Map
Owner(s): Stevan L. Hazen
Diana J. Hazen Case: ANX2020-10011
Site: 2776 N Terrace Drive
Property
Size(Acres):
ROW (Acres):
0.204
Land Use Zoning PIN: 05-29-16-94338-003-0020
From : Residential Low (RL),
Preservation (P) R-3 Single Family
Residential
Atlas Page: 264A To: Residential Low (RL),
Water/Drainage
Feature Overlay
Low Medium Density
Residential (LMDR) 9435694338
9432098470
5 4 4 2 2
3 3 3
1
A
11910
6 789 10
1234567891011
7
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24 7
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1
GROVE DR N TERRACE DR
THOMAS DR ST. CROIX DR EL TRINDAD DR EMORNINGSIDE DR
1795
1748
17511740
1753
1741
1737
1739
1756
1731
1759
1728
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1745
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1729
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1725
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1728
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1746
17642797
1734273827522780 28241788
27591748
174627812749 1765
1732
17772755275827932761
1745 17642773 2
8
0
6 2812274027731759
1754
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1728 274627771755 27941758
17702743
1744
17292764175227701810279817412767274717492762172527341782
1740
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177627842790 -Not to Scale--Not a Survey-Rev. 10/8/2020
Ordinance No. 9420-21
ORDINANCE NO. 9420-21
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 N
TERRACE DRIVE APPROXIMATELY 120 FEET WEST OF
EL TRINIDAD DRIVE E, WHOSE POST OFFICE ADDRESS
IS 2776 N TERRACE DRIVE, CLEARWATER, FLORIDA
33759 UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS RESIDENTIAL LOW (RL) AND
WATER/DRAINAGE FEATURE OVERLAY; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the amendment to the Future Land Use Element of the
Comprehensive Plan of the City as set forth in this ordinance is found to be reasonable,
proper and appropriate, and is consistent with the City's Comprehensive Plan; now,
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. The Future Land Use Element of the Comprehensive Plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property, upon annexation into the City of Clearwater, as follows:
Property Land Use
Category
Lot 2, Block 3, VIRIGINIA GROVE
TERRACE FIRST ADDITION, according to
the map or plat thereof, as recorded in Plat
Book 37, page 62, Public Records of
Pinellas County, Florida;
Residential Low
(RL) and
Water/Drainage
Feature Overlay
(ANX2020-10011)
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. 9419-21.
Ordinance No. 9420-21
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
Proposed Future Land Use Map
Owner(s): Stevan L. Hazen
Diana J. Hazen Case: ANX2020-10011
Site: 2776 N Terrace Drive
Property
Size(Acres):
ROW (Acres):
0.204
Land Use Zoning PIN: 05-29-16-94338-003-0020
From : Residential Low (RL),
Preservation (P) R-3 Single Family
Residential
Atlas Page: 264A To: Residential Low (RL),
Water/Drainage
Feature Overlay
Low Medium Density
Residential (LMDR) 9435694338
9432098470
5 4 4 2 2
3 3 3
1
A
11910
6 789 10
1234567891011
7
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I
RL RL
RL
RLRL
RL RU
RU
RLRL
RU
PP P
GROVE DR N TERRACE DR
THOMAS DR ST. CROIX DR EL TRINDAD DR EMORNINGSIDE DR
1764
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1728
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27591748
174627812749 1765
1732
17342752277727582761174517642773 28
0
62812274027731759
1754
1733
1728 27461755 27941758
17702743
1744
172927641752277018102798276727471749
1737
17252734 1782
1740
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1724
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Ordinance No. 9421-21
ORDINANCE NO. 9421 -21
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 N TERRACE DRIVE
APPROXIMATELY 120 FEET WEST OF EL TRINIDAD
DRIVE E, WHOSE POST OFFICE ADDRESS IS 2776 N
TERRACE DRIVE, CLEARWATER, FLORIDA 33759, UPON
ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW
MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the assignment of a zoning classification as set forth in this ordinance
is found to be reasonable, proper and appropriate, and is consistent with the City's
Comprehensive Plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is
hereby zoned as indicated upon annexation into the City of Clearwater, and the Zoning
Atlas of the City is amended, as follows:
The map attached as Exhibit A is hereby incorporated by reference.
Section 2. The City Engineer is directed to revise the Zoning Atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, contingent
upon and subject to the adoption of Ordinance No. 9419-21.
Property Zoning District
Lot 2, Block 3, VIRGINIA GROVE TERRACE
FIRST ADDITION, according to the map or
plat thereof, as recorded in Plat Book 37,
page 62, Public Records of Pinellas County,
Florida
Low Medium Density Residential
(LMDR)
(ANX2020-10011)
Ordinance No. 9421-21
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
Proposed Zoning Map
Owner(s): Stevan L. Hazen
Diana J. Hazen Case: ANX2020-10011
Site: 2776 N Terrace Drive
Property
Size(Acres):
ROW (Acres):
0.204
Land Use Zoning PIN: 05-29-16-94338-003-0020
From : Residential Low (RL),
Preservation (P) R-3 Single Family
Residential
Atlas Page: 264A To: Residential Low (RL),
Water/Drainage
Feature Overlay
Low Medium Density
Residential (LMDR) 9435694338
9432098470
5 4 4 2 2
3 3 3
1
A
11910
6 789 10
1234567891011
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LMDR
LMDR
P
GROVE DR N TERRACE DR
THOMAS DR ST. CROIX DR EL TRINDAD DR EMORNINGSIDE DR
1795
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17511740
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1734273827522780 28241788
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1745 17642773 2
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Location Map
Owner(s): Stevan L. Hazen
Diana J. Hazen Case: ANX2020-10011
Site: 2776 N Terrace Drive
Property
Size(Acres):
ROW (Acres):
0.204
Land Use Zoning PIN: 05-29-16-94338-003-0020
From : Residential Low (RL),
Preservation (P) R-3 Single Family
Residential
Atlas Page: 264A To:
Residential Low (RL),
Water/Drainage Feature Overlay Low Medium Density
Residential (LMDR)
SR 590 US Hwy 19 NOWEN DR SOUTH DR E US-19 FRONTAGE RDW US-19 FRONTAGE RDEVANS DR MORNINGSIDE DR
WOODRING DR LUCAS DR DIANE DR GROVE DR AUDREY DR THOMAS DR ST. CROIX DR N TERRACE DR
CARDINAL DR EL TRINDAD DR EKUMQUAT DR CARLTON DR SKYLAND DR MARILYN DR DIANE TER COUNTRY LN WCALAMONDIN LN N TERRACE DR COACHMAN PLAZA DR AUDREY DR OWEN DR CARDINAL DR ^
PROJECT
SITE -Not to Scale--Not a Survey-Rev. 10/8/2020
Aerial Map
Owner(s): Stevan L. Hazen
Diana J. Hazen Case: ANX2020-10011
Site: 2776 N Terrace Drive
Property
Size(Acres):
ROW (Acres):
0.204
Land Use Zoning PIN: 05-29-16-94338-003-0020
From : Residential Low (RL),
Preservation (P) R-3 Single Family Residential
Atlas Page: 264A To:
Residential Low (RL),
Water/Drainage
Feature Overlay
Low Medium Density
Residential (LMDR) GROVE DR GROVE DR N TERRACE DRN TERRACE DR
THOMAS DR THOMAS DR ST. CROIX DR ST. CROIX DR EL TRINDAD DR EEL TRINDAD DR EMORNINGSIDE DR MORNINGSIDE DR -Not to Scale--Not a Survey-Rev. 10/8/2020
Existing Surrounding Uses Map
Owner(s): Stevan L. Hazen
Diana J. Hazen Case: ANX2020-10011
Site: 2776 N Terrace Drive
Property
Size(Acres):
ROW (Acres):
0.204
Land Use Zoning PIN: 05-29-16-94338-003-0020
From : Residential Low (RL),
Preservation (P) R-3 Single Family
Residential
Atlas Page: 264A To: Residential Low (RL),
Water/Drainage
Feature Overlay
Low Medium Density
Residential (LMDR) 9435694338
9432098470
5 4 4 2 2
3 3 3
1
A
11910
6 789 10
1234567891011
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GROVE DR N TERRACE DR
THOMAS DR ST. CROIX DR EL TRINDAD DR EMORNINGSIDE DR
1795
1748
17511740
1753
1741
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1739
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1731
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1734273827522780 28241788
27591748
174627812749 1765
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17772755275827932761
1745 17642773 2
8
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177627842790 -Not to Scale--Not a Survey-Rev. 10/8/2020
Single Family Residential Single Family Residential Single Family Residential Single Family Residential Single Family Residential
ANX2020-10011
Stevan L. and Diana J. Hazen
2776 N Terrace Drive
View looking north at the subject property, 2776 N Terrace
Drive
Across the street, to the south of the subject property
East of the subject property
West of the subject property
View looking easterly along N Terrace Drive View looking westerly along N Terrace Drive
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: LUP2020-10001
Agenda Date: 1/19/2021 Status: Agenda ReadyVersion: 1
File Type: Planning CaseIn Control: Planning & Development
Agenda Number: 8.2
SUBJECT/RECOMMENDATION:
Approve a Future Land Use Map amendment from the Residential Medium (RM) and
Residential Urban (RU) categories to the Residential Low Medium (RLM) category for two
parcels located at 1280 and 1298 Lakeview Road and pass Ordinance 9425-21 on first reading.
(LUP2020-10001)
SUMMARY:
This Future Land Use Map amendment involves an 8.908-acre property consisting of two
parcels located on the north side of Lakeview Road, approximately 950 feet east of Missouri
Avenue. The parcels are currently occupied by a mobile home park (Parcel No. 1, as depicted
on Map 2 of the Community Development Board Staff Report) on the 8.767-acre parcel and a
one-story office building (Parcel No. 2, also on Map 2) on the 0.141-acre parcel. The applicant,
Cobblestone I CTC, LLC, is requesting to amend the future land use designations of
Residential Medium (RM) (Parcel No. 1) and Residential Urban (RU) (Parcel No. 2) to
Residential Low Medium (RLM). The applicant has submitted a Zoning Atlas amendment for
Parcel No. 2, which is being processed concurrently with this case (see REZ2020-10001).
Parcel No. 1 is an existing mobile home park with 113 dwelling units and a clubhouse/office.
The applicant recently purchased Parcel No. 2 and intends to combine the parcels and convert
the existing office building to a clubhouse for the use of the residents. The current future land
use designation of Parcel No.1 as Residential Medium (RM) allows moderate to high density
residential to a maximum of 15 dwellings units per acre but is inconsistent with the existing
Mobile Home Park (MHP) zoning designation, which must be retained to allow for the existing
use of the property. The current future land use designation for Parcel No. 2 as Residential
Urban (RU) allows for urban low density residential to a maximum density of 7.5 dwelling units
per acre. The proposed Residential Low Medium (RLM) category allows for low to moderate
density residential and residential equivalent uses at a maximum density of 10 dwelling units
per acre. The requested amendment would bring consistency between the future land use and
zoning designations for Parcel No. 1 and allow the proposed clubhouse on Parcel No. 2 to be
included in the overall mobile home park. The applicant also requested to terminate the existing
mobile home park’s non-conformities related to density and setbacks which the Community
Development Board approved at its December 15, 2020 meeting (FLD2020-09018), dependent
on City Council approval of LUP2020-10001 and REZ2020-10001. Should the site be
redeveloped in the future, this amendment will reduce the maximum number of units that could
be constructed on the property from 132 dwelling units to 89 dwelling units.
The Planning and Development Department has determined that the proposed future land use
amendment is consistent with the provisions of the Clearwater Community Development Code
as specified below:
Page 1 City of Clearwater Printed on 1/18/2021
File Number: LUP2020-10001
·The proposed amendment is consistent with the Comprehensive Plan and the
Countywide Plan Rules.
·The proposed amendment is compatible with the surrounding properties and character
of the neighborhood.
·Sufficient public facilities are available to serve the property.
·The proposed amendment will not have an adverse impact on the natural environment.
·The proposed amendment will not have an adverse impact on the use of property in the
immediate area.
The underlying Countywide Plan Map Category for Parcel No. 1 is Residential Medium (RM)
and for Parcel No. 2 is Residential Low Medium (RLM). In accordance with the Countywide
Plan Rules, the land use plan amendment for Parcel No. 1 is subject to the approval of Forward
Pinellas, in its role as the Pinellas Planning Council, and the Board of County Commissioners
acting as the Countywide Planning Authority. Since the proposed City of Clearwater future land
use designation of Residential Low Medium (RLM) for Parcel No. 2 is consistent with the
underlying Countywide Plan Map category, no amendment is required to the Countywide Plan
Map for Parcel No. 2. The application is a small-scale amendment so review and approval by
the Florida Department of Economic Opportunity is not required.
The Community Development Board reviewed this application at its December 15, 2020 public
hearing and made a unanimous recommendation of approval to the Council.
APPROPRIATION CODE AND AMOUNT: N/A
USE OF RESERVE FUNDS: N/A
Page 2 City of Clearwater Printed on 1/18/2021
Ordinance No. 9425-21
ORDINANCE NO. 9425-21
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE
LAND USE DESIGNATIONS FOR CERTAIN REAL
PROPERTIES LOCATED GENERALLY 950 FEET EAST OF
SOUTH MISSOURI AVENUE, ON THE NORTH SIDE OF
LAKEVIEW ROAD, WHOSE POST OFFICE ADDRESSES
ARE 1280 LAKEVIEW ROAD AND 1298 LAKEVIEW ROAD,
ALL WITHIN CLEARWATER, FLORIDA 33756, FROM
RESIDENTIAL MEDIUM (RM) AND RESIDENTIAL URBAN
(RU), TO RESIDENTIAL LOW MEDIUM (RLM); 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, as follows:
Properties Land Use Category
See attached Exhibit A; From: Residential
Medium (RM) and
Residential Urban
(RU)
To: Residential Low
Medium (RLM)
(LUP2020-10001)
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 contingent upon approval of the land use
designation by the Pinellas County Board of Commissioners, where applicable, and thirty-one
(31) days post-adoption. If this ordinance is appealed within thirty (30) days after adoption,
Ordinance No. 9425-21
then this ordinance will take effect only after approval of the land use designation by the
Pinellas County Board of Commissioners and upon issuance of a final order determining this
amendment to be in compliance either by the Department of Economic Opportunity (DEO) or
the Administration Commission, where applicable, pursuant to section 163.3187, Florida
Statutes. The Community Development Coordinator is authorized to transmit to Forward
Pinellas, in its role as the Pinellas Planning Council, an application to amend the Countywide
Plan in order to achieve consistency with the Future Land Use Plan Element of the City’s
Comprehensive Plan as amended by this ordinance.
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
LEGAL DESCRIPTIONS
LUP2020-10001
=========================================================================================
No. Parcel ID Lot No., Block No. Address
1. 22-29-15-35532-000-0090 Lot 9 1280 Lakeview Rd.
Lot 9, F. E. HANOUSEK’S SUBDIVISON, of the West ½ of the Northeast ¼ and the Southeast
¼ of the Northwest ¼ of Section 22, Township 29 South, Range 15 East, LESS AND EXCEPT
the South 100 feet of the East 75 feet thereof, and LESS existing road rights-of-way, including
but not limited to those appearing in O.R. Book 229, Page 192, and O.R. Book 1470, Page
619, of the Public Records of Pinellas County, Florida, LESS AND EXCEPT the North 15 feet
of the South 115 feet of the East 75 feet of Lot 9, F.E. HANOUSEK’S SUBDIVISON, according
to the plat thereof recorded in Plat Book 1, Page 41, of the Public Records of Pinellas County,
Florida, LESS the East 25 feet thereof for road right-of-way.
No. Parcel ID Lot No., Block No. Address
2. 22-29-15-35532-000-0091 Lot 9 1298 Lakeview Rd.
The South 100.00 feet of the East 75.00 feet of Lot 9, F.E. HANOUSEK’S SUBDIVISON,
according to map or plat thereof as recorded in Plat Book 1, Page 41, Public Records of
Pinellas County, Florida, more particularly described as follows:
Begin at the Southeast corner of the Northwest ¼ of the Northwest ¼ of Section 22, Township
29 South, Range 15 East, and run thence North 00°02’37” West, 20.00 feet for a POINT OF
BEGINNING, thence continue North 00°02’37” West, 100.00 feet, thence North 89°09’01”
West 75.00 feet, thence South 00°02’37” East, 100.00 feet, thence South 89°09’01” East,
75.00 feet to the Point of Beginning. LESS the East 15.00 feet for road right-of-way and LESS
the South 10.00 feet for road right-of-way.
Exhibit B
94128 18 7879808182838485
35532
6292835532
01476
1
3
5
1
1 2 3 4 5 678
17 16 15 14 13 12 11 10 9
1 2 3 4 5
6 7 8 9
18 17 16 15 12 11 10 14 13
1 2 3 4 5 6 89
1 2 3 456 7 8 9 10 12
48 47 46 45 44 43 42 41 40 39 38 37
11
49 50 51 52 53 54 55 56 57 58
96 95 94 93 92 91 90 89 88 87
59 60
97 98 99 100 101 102 103 104 105 106 107
10
11
9
41
42
43
44
45
46
47
48
49
50
15
14
13
12
11
10
9
8
7
2
30 29 28 27 26
31
32
33
34
35
36
37
38
39
40
25
23
22
21
20
19
18
17
16
6
3 4 5
24
1
86 85
7
2
1
1
CG
CG
RU
RU
RU
RU
RH
CG
RU
RU RUR/OGR/OG
RU
RU
RU RUS BETTY LN JEFFORDS ST
LAKEVIEW RD S LINCOLN AVEBARRY ST
MILTON ST
TUSCOLA ST
BROWNING ST
PINELLAS ST
1301
1210
1230
1220
1312130812791273
12581285
1260
1269
1325132513041319131712111249
1256 1328130913271323132412651285 1325121813231278131313381313125912541329133413291270 132112551304124613061297 127013241309134413301300130513291321133212551283 1331131813241221
1295 13111287
13361108
12541251132412221321125012011345124213311252 127413221231
1251 1335132013181315131013351316131713011333131313201201
1265
1271 13281316125012261286
125112661242
13141239
1328130913381281 132012821306133012381279 13241310123413171279A
1301
1281 130413401271 13141235129813051327131113091224
133413131328125812301275126113171309131212621241
1300129913041293
1289
123113201319125113151267
1287
3291285
12831245 131213251280125312951312131613441305130412331243130513081232
13031346125713101308125813071280
13411291
1227
1237 -Not to Scale--Not a Survey-Rev. 10/16/2020
Proposed Future Land Use Map
Owner(s): Cobblestone l CTC, LLC Case: LUP2020-10001
Site: 1280 Lakeview Road &
1298 Lakeview Road
Property
Size(Acres): 8.908
Land Use Zoning
PIN: 22-29-15-35532-000-0090
22-29-15-35532-000-0091 From:
Residential Medium
(RM)& Residential
Urban (RU)
Medium Density
Residential (MDR)
To: Residential Low
Medium (RLM) Mobile Home Park
(MHP) REZ2020-10001 Atlas Page: 306B
LUP2020-10001
Cobblestone I CTC, LLC
1280 Lakeview Road
View looking north at subject property, 1280 Lakeview Road
West of subject property
East of subject property
South of subject property, across Lakeview Road
View looking easterly along Lakeview Road View looking westerly along Lakeview Road
LUP2020-10001
Cobblestone I CTC, LLC
1298 Lakeview Road
View looking north at subject property, 1298 Lakeview Road
West of subject property
East of subject property
South of subject property, across Lakeview Road
View looking easterly along Lakeview Road View looking westerly along Lakeview Road
PLANNING & DEVELOPMENT DEPARTMENT
COMMUNITY DEVELOPMENT BOARD STAFF REPORT
MEETING DATE: December 15, 2020
AGENDA ITEM: F. 1.
CASE: LUP2020-10001
REQUEST: To amend the Future Land Use Map designation from Residential Medium
(RM) and Residential Urban (RU) to Residential Low Medium (RLM)
GENERAL DATA:
Owner.............................
Applicant........................
Agent/Representative......
Cobblestone I CTC, LLC
Jason Hagen, Managing Member
Brian J. Aungst, Jr. Esq.
Location ......................... 1280 and 1298 Lakeview Road, located on the north side of Lakeview
Road approximately 950 feet east of South Missouri Avenue.
Parcel No.1 Size ............
Parcel No.2 Size.............
Total Property Size........
8.767 acres
0.141 acres
8.908 acres
Background:
This case involves two parcels of land located on the north side of Lakeview Road, approximately 950 feet
east of South Missouri Avenue. The parcels, owned by Cobblestone I CTC, LLC, are generally bounded by
Jeffords Street (north), South Betty Lane (east), Lakeview Road (south), and Adams Avenue (a dead-end
street on the west), and total about 9 acres. The mobile home community, located on the larger of the two
parcels (see Parcel No. 1 as shown on Map 2, addressed 1280 Lakeview Road), was developed 60 years ago
and currently has 113 mobile home units and a clubhouse/office. Cobblestone I CTC, LLC purchased Parcel
No. 1 in June 2019, and later purchased Parcel No. 2 (1298 Lakeview Road, as shown on Map 2) in
December 2019. This parcel has most recently been used as an administrative office. The owner’s intent is to
convert the existing building on Parcel No. 2 to a clubhouse to serve the existing mobile home park, while
making other improvements to the development.
Currently, the future land use and zoning designations for Parcel No. 1 are inconsistent, and the designations
for Parcel No. 2 must be amended to combine and be used as part of the overall mobile home park. The
request is to change the Future Land Use Map designations of the parcels from Residential Medium (RM)
(Parcel No. 1) and Residential Urban (RU) (Parcel No. 2) to Residential Low Medium (RLM). A request to
rezone Parcel No.2 from Medium Density Residential (MDR) District to Mobile Home Park (MHP) District
is also being considered concurrently with this case (see REZ2020-10001). The requested amendments
Community Development Board – December 15, 2020
LUP2020-10001 - Page 2 of 9
Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT
LONG RANGE PLANNING DIVISION
would bring consistency between the future land use designation and zoning district for Parcel No. 1 and
would allow for the additional parcel to be used as the park clubhouse.
Additionally, the property owners are seeking to terminate the existing mobile home park’s non-conformities
related to density and setbacks through the concurrent FLD2020-09018 application being considered
separately. While the amendment to Residential Low Medium (RLM) future land use is required for
consistency, this category permits fewer units per acre than the existing Residential Medium (RM) category.
The actual density on the site is 13 dwelling units per acre; however, no additional units are proposed.
Vicinity Characteristics:
Maps 1 and 2 show the general location of the property and an aerial view of the amendment area and its
surroundings. Map 3 shows the existing surrounding uses.
Map 1 Map 2
Residential uses including detached single-family houses surround the site across South Betty Lane,
Lakeview Road, and Jeffords Street. A multifamily apartment complex abuts the property's northwest corner.
To the west, along Adams Avenue, are commercial properties and a few detached dwellings. Further west is
a large retail plaza fronting Missouri Avenue.
Map 3 Map 4
Community Development Board – December 15, 2020
LUP2020-10001 - Page 3 of 9
Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT
LONG RANGE PLANNING DIVISION
The property is almost completely surrounded by rights-of-way. As shown on Map 4, the future land use
designations around the property are Residential Urban (RU) to the north, east, and south; Residential High
(RH) to the northwest; and Commercial General (CG) to the west across Adams Avenue.
A comparison between the uses, densities, and intensities allowed by the present and proposed Future Land
Use Map designations appears in Table 1, along with the consistent zoning districts.
Table 1. Uses, Densities and Intensities Allowed by Present and Proposed Future Land Use Designations
Present FLUM Designation
Residential Medium (RM)
(Parcel No. 1)
Present FLUM Designation
Residential Urban (RU)
(Parcel No. 2)
Requested FLUM Designation
Residential Low Medium
(RLM)
Primary Uses:
Moderate to High Density
Residential; Residential
Equivalent.
Urban Low Density Residential;
Residential Equivalent.
Low to Moderate Density
Residential; Residential
Equivalent.
Maximum Density: 15 Dwelling Units Per Acre 7.5 Dwelling Units Per Acre 10 Dwelling Units Per Acre
Maximum Intensity: FAR 0.50; ISR 0.75 FAR 0.40; ISR 0.65 FAR 0.50; ISR 0.75
Consistent Zoning
Districts:
Medium Density Residential
(MDR); Medium High Density
Residential (MHDR)
Low Medium Density Residential
(LMDR); Medium Density
Residential (MDR)
Mobile Home Park (MHP);
Medium Density Residential
(MDR)
REVIEW CRITERIA:
Consistency with the Clearwater Comprehensive Plan [Sections 4-603.F.1 and 4-603.F.2]
Recommended Findings of Fact:
Applicable goals, objectives and policy of the Clearwater Comprehensive Plan which support the proposed
amendment include:
Goal A.2 A sufficient variety and amount of future land use categories shall be provided to accommodate
public demand and promote infill development.
Goal A.4. The City shall work toward a land use pattern that can be supported by the available community
and public facilities that would be required to serve the development.
Policy A.5.5.1 Development shall be designed to maintain and support the existing or envisioned character
of the neighborhood.
Objective A.6.4. Due to the built-out character of the city of Clearwater, compact urban development within
the urban service area shall be promoted through the application of the Clearwater Community Development
Code.
Community Development Board – December 15, 2020
LUP2020-10001 - Page 4 of 9
Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT
LONG RANGE PLANNING DIVISION
Objective C.1.1. Assure an adequate supply of housing in Clearwater by providing for additional new
dwelling units in a variety of types, costs, and locations to meet the needs of the residents of the City of
Clearwater.
The proposed Residential Low Medium (RLM) future land use designation is compatible with the
surrounding single-family residential, multi-family residential, and commercial uses. The applicant’s intent
is to bring consistency to the existing mobile home park’s future land use and zoning designations and to
expand the park to incorporate the additional parcel at the southeast corner of the site. The Residential Low
Medium (RLM) designation allows for less dense development than the current Residential Medium (RM)
designation of Parcel No.1, and it allows for more dense development than the present Residential Urban
(RU) designation of Parcel No. 2.
The proposal does not degrade the level of service for public facilities below the adopted standards (a
detailed public facilities analysis follows in this report).
Recommended Conclusions of Law:
The request does not conflict with the goals, objectives, and policies of the Clearwater Comprehensive Plan
and furthers said plan as indicated above.
Consistency with the Countywide Rules
Recommended Findings of Fact:
The underlying Countywide Plan Map category for Parcel No. 1 is Residential Medium (RM) and for Parcel
No. 2 is Residential Low Medium (RLM). Properties to the north, east, and south are Residential Low
Medium (RLM), with Residential High (RH) to the northwest. To the west across Adams Avenue, the
properties are Retail & Services (R&S). The proposed City of Clearwater future land use designation of
Residential Low Medium (RLM) on Parcel No. 1 will necessitate a Countywide Plan Map amendment from
the Residential Medium (RM) category to the Residential Low Medium (RLM) in order to maintain
consistency between the City’s Future Land Use Map and the Countywide Plan Map. The underlying
Countywide Plan Map category on Parcel No. 2 is Residential Low Medium (RLM), which is consistent with
the proposed City of Clearwater future land use designation of Residential Low Medium (RLM). No
amendment would be required for Parcel No. 2 to the Countywide Plan Map.
Section 2.3.3.3 of the Countywide Rules states that the Residential Low Medium (RLM) category is intended
to depict areas that are now developed, or appropriate to be developed, in a suburban, low density or
moderately dense residential manner; and to recognize such areas as primarily well‐suited for residential uses
that are consistent with the suburban qualities, transportation facilities, including transit, and natural
resources of such areas.
The current and proposed use, as indicated by the applicant, is a mobile home park, which is a permitted use
within the area and consistent with the proposed and surrounding Countywide Plan Map categories.
Recommended Conclusions of Law:
The proposed Future Land Use Map amendment is consistent with the purpose of the proposed category in
the Countywide Rules.
Community Development Board – December 15, 2020
LUP2020-10001 - Page 5 of 9
Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT
LONG RANGE PLANNING DIVISION
Compatibility with Surrounding Properties/Character of the City & Neighborhood [Section 4-603.F.3
and Section 4-603.F.6]
Recommended Findings of Fact:
Existing surrounding uses consist of multifamily apartment buildings to the northwest; single-family homes
to the north, east, and south; and commercial buildings to the west, across Adams Avenue. The expanding of
the existing mobile home park on Parcel No. 1 to include a proposed accessory clubhouse on Parcel No. 2 is
compatible with the surrounding properties and neighborhood.
Recommended Conclusions of Law:
The proposed Residential Low Medium (RLM) future land use category would allow development that is in
character with the Future Land Use Map designations in the area. Further, the proposal is compatible with
surrounding uses and consistent with the character of the surrounding properties and neighborhood.
Sufficiency of Public Facilities [Section 4-603.F.4]
Recommended Findings of Fact:
To assess the sufficiency of public facilities needed to support potential development on the proposed
amendment area, the maximum development potential of the properties under the present and requested City
Future Land Use Map designations were analyzed.
Table 2. Development Potential for Existing & Proposed FLUM Designations
Present FLUM Designations Requested FLUM
Designation
Residential Medium (RM)
(Parcel No. 1)
Residential Urban (RU)
(Parcel No. 2) RLM Net Change
Site Area 8.767 AC
(381,890.52 SF)
0.141 AC
(6141.96 SF)
8.908 AC
(388,032.48 SF)
Max.
Development
Potential
131 DUs/0 Beds1
4,000 SF 2
0.50 FAR 2
1 DUs /3 Beds3
0 SF4
0.40 FAR4
89 DUs /0 Beds1
4,000 SF 2
0.50 FAR2
-43 DUs / +3 Beds
0 SF
+0.10 FAR
Notes:
1. Residential equivalent uses are not permitted through the consistent Mobile Home Park (MHP) District.
2. Non-Residential uses are permitted through the consistent Mobile Home Park (MHP) District but limited to public transportation facilities,
utilities/infrastructure facilities, and limited office and retail. Office and retail uses are intended to serve the residents of the mobile home park
and are limited to 2,000 square feet per use per the criteria in Section 2-603.
3. Residential equivalent uses are permitted through the consistent Medium Density Residential (MDR) District at 3 beds per unit per acre.
4. FAR is not used to regulate residential uses and there are no non-residential uses permitted through the consistent Medium Density Residential
(MDR) District; therefore, the square footage development potential is zero.
Abbreviations:
FLUM – Future Land Use Map DUs – Dwelling Units
AC – Acres FAR – Floor Area Ratio
SF – Square feet
Community Development Board – December 15, 2020
LUP2020-10001 - Page 6 of 9
Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT
LONG RANGE PLANNING DIVISION
As shown in the table, there is a general decrease in potential development density (dwelling units per acre)
in the amendment area. Additionally, although there is a general increase in development intensity (Floor
Area Ratio - FAR) on Parcel No. 2, the overall amendment area remains the same because non-residential
uses are further limited by the consistent Mobile Home Park (MHP) District.
The following analysis compares the maximum potential development of the proposed Residential Low
Medium (RLM) future land use developed with 89 detached dwellings to the maximum development
potential of the existing Residential Medium (RM) and Residential Urban (RU) categories developed with a
residential use (132 dwelling units). These amendments are proposed to bring consistency between the
future land use and zoning designations on Parcel No. 1 and to integrate Parcel No. 2 into the overall
development. However, no real changes in today’s condition are proposed since the applicant is requesting to
terminate the nonconforming density of 13 units per acre, allowing them to maintain the existing 113 units
on site. (concurrent application FLD2020-09018). The proposed clubhouse on Parcel No. 2 is not part of the
capacity analysis since it will be an accessory use to the existing mobile home park.
Potable Water
The change in development potential from this amendment would result in a decrease in potable water use of
up to 12,384 gallons per day. This is determined by taking the potential potable water utilization of the
proposed land use developed with the maximum number of units allowed (25,632 gallons per day) and
subtracting it from the potential usage of a residential use built out at the maximum number of units
permitted by the current land use designations (38,016 gallons per day). The proposed amendment will not
result in an actual increase in demand for potable water, as there will be no real changes from today’s
condition.
The City’s current potable water demand is 10.53 million gallons per day (MGD). The City’s adopted level
of service (LOS) standard for potable water service is 120 gallons per day per capita, while the actual usage
is estimated at 73 gallons per day per capita (2019 Annual Water Report). The City’s 10-year Water Supply
Facilities Work Plan (2016-2026 Planning Period), completed October 2017, indicates that based on the
updated water demand projections and other factors, the City has adequate water supply and potable water
capacity for the 10-year planning horizon.
Wastewater
The change in development potential from this amendment would result in a decrease in wastewater use of
up to 11,145.6 gallons per day. This is determined by comparing the potential wastewater utilization of the
proposed land use developed with the maximum number of dwelling units allowed (23,068.8 gallons per
day) to the potential wastewater generation of the current land use designations developed at the maximum
number of dwellings permitted (34,214.4 gallons per day). The proposed amendment will not result in an
actual increase in demand for wastewater, as there will be no real changes from today’s condition.
The subject property is served by the Marshall Street Water Reclamation Facility, which presently has excess
permitted capacity estimated to be 4.29 million gallons per day. Therefore, there is excess sanitary sewer
capacity to serve the amendment area.
Community Development Board – December 15, 2020
LUP2020-10001 - Page 7 of 9
Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT
LONG RANGE PLANNING DIVISION
Solid Waste
The change in development potential from this amendment would result in a decrease of up to 109 tons per
year of solid waste generated. This decrease is determined by taking the utilization of the proposed land use
developed with the maximum number of dwellings (225.6 tons per year) and subtracting it from the potential
utilization of a residential use built out at the maximum number of dwelling units permitted by the current
land use designations (334.6 tons per year). The proposed amendment will not result in an actual increase in
solid waste generation, as there will be no real changes from today’s condition.
Pinellas County handles all solid waste disposal at the Pinellas County Waste-to-Energy Plant and the
Bridgeway Acres Sanitary Landfill which has significant capacity. Additionally, the City provides a full-
service citywide recycling program, which diverts waste from the landfill, helping to extend the lifespan of
Bridgeway Acres. There is an excess solid waste capacity to serve the amendment area.
Parkland
Under both the existing and proposed land use, the LOS citywide will continue to exceed the adopted LOS of
4 acres per 1,000 residents. The City is currently providing 7.98 acres of parkland per 1,000 residents. With
the proposed future land use amendment, 24 less units could be developed than existing today, resulting in
approximately 57 less residents. This is calculated using the most recent ACS estimate of 2.4 persons per
household within the City of Clearwater. Based on this impact analysis, the current provision of 7.98 acres
of parkland per 1,000 would remain unchanged [Source: Draft Parks and Recreation Facilities Impact Fee
Study, prepared by Tindale Oliver Draft Date March 18, 2020].
Amending a property’s future land use or zoning designation does not have an immediate impact on the
City’s Parks and Recreation system and parkland requirements. Impacts are felt when development occurs.
This future land use map amendment will have no additional impact on parkland. However, Parks and
Recreation Impact Fees required to provide new recreation facilities and services will be assessed at the time
of development and will be based on the maximum increase in residents.
Stormwater
Site plan approval will be required before the property can be redeveloped. At that time, the stormwater
management system for the site will be required to meet all City and SWFWMD stormwater management
criteria.
Streets
The subject property is located on the north side of Lakeview Road, approximately 950 feet east of South
Missouri Avenue. To evaluate potential impacts on streets, the typical traffic impacts figure (trips per day per
acre) in the Countywide Rules for the corresponding Countywide Plan Map categories (current and proposed)
are compared. The current number of trips per day (851) is calculated based on the typical traffic generation
numbers for the Residential Medium (RM) category (96 trips per day per acre) for Parcel No. 1 (842 trips)
and Residential Low Medium (RLM) category (67 trips per day per acre) for Parcel No. 2 (9 trips). For
Parcel No. 1, the proposed Countywide Plan Map category of Residential Low Medium (RLM) (67 trips per
day per acre) would decrease the number to 587 trips per day. For Parcel No. 2, the Countywide Plan Map
category of Residential Low Medium is not changing, so the number of trips for this parcel remains the same
Community Development Board – December 15, 2020
LUP2020-10001 - Page 8 of 9
Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT
LONG RANGE PLANNING DIVISION
for the proposed amendment. An overall decrease of 255 trips per day (or 30% fewer trips per day) would
result based on the proposed amendment compared to the number of trips under the current designations.
Recommended Conclusions of Law:
Based upon the findings of fact, the proposed change would decrease the demand on public facilities since
all are reduced and will not result in the degradation of the current levels of service for potable water,
sanitary sewer, solid waste, parkland, stormwater management and streets. While the impacts generated by
the existing development are more than the potential demand under the proposed land use designation, no
actual increase in demand will result, as it includes no real changes from today’s condition.
Impact on Natural Resources [Section 4-603.F.5]
Recommended Findings of Fact:
No wetlands appear to be located on the subject property. The City’s codes require that development is
compliant with the City’s tree preservation, landscaping and stormwater management requirement.
Recommended Conclusions of Law:
Based on the findings of fact, it is determined that the proposed Future Land Use Map amendment will not
negatively impact natural resources on the subject property.
Community Development Board – December 15, 2020
LUP2020-10001 - Page 9 of 9
Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT
LONG RANGE PLANNING DIVISION
SUMMARY AND RECOMMENDATION:
No amendment to the Comprehensive Plan or Future Land Use Map shall be recommended for approval or
receive a final action of support unless it complies with the standards contained in Section 4-603.F,
Community Development Code. Table 3 below depicts the consistency of the proposed amendment with the
standards under Section 4-603.F:
Table 3. Consistency with Community Development Code Standards for Review
CDC Section 4-603 Standard Consistent Inconsistent
F.1 The amendment will further implementation of the
Comprehensive Plan consistent with the goals, policies
and objectives contained in the Plan.
X
F.2 The amendment is not inconsistent with other provisions
of the Comprehensive Plan.
X
F.3 The available uses, if applicable, to which the property
may be put are appropriate to the property in question
and compatible with existing and planned uses in the
area.
X
F.4 Sufficient public facilities are available to serve the
properties.
X
F.5 The amendment will not adversely affect the natural
environment.
X
F.6 The amendment will not adversely impact the use of
properties in the immediate area.
X
Based on the foregoing, the Planning and Development Department recommends the following action:
Recommend APPROVAL of the Future Land Use Map Amendment from Residential Medium (RM) and
Residential Urban (RU) to Residential Low Medium (RLM).
Prepared by Planning and Development Department Staff:
Diego Guevara
Senior Planner
ATTACHMENTS: Ordinance No. 9425-21
Resume
Photographs of Site and Vicinity
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: REZ2020-10001
Agenda Date: 1/19/2021 Status: Agenda ReadyVersion: 1
File Type: Planning CaseIn Control: Planning & Development
Agenda Number: 8.3
SUBJECT/RECOMMENDATION:
Approve a Zoning Atlas amendment from the Medium Density Residential (MDR) District to the
Mobile Home Park (MHP) District for 1298 Lakeview Road and pass Ordinance 9426-21 on first
reading. (REZ2020-10001)
SUMMARY:
This Zoning Atlas amendment involves a 0.141-acre property on the north side of Lakeview
Road, approximately 1250 feet east of Missouri Avenue. The parcel is currently owned by
Cobblestone I CTC, LLC. The applicant is requesting to rezone the property from the Medium
Density Residential (MDR) District to the Mobile Home Park (MHP) District. The applicant has
submitted a Future Land Use Map amendment, which is being processed concurrently with this
case (see LUP2020-10001).
The proposed Mobile Home Park (MHP) District is compatible with the surrounding zoning
districts and single-family and multifamily uses in the vicinity of the subject property. The
applicant’s intent is to convert the existing office building on the property to a clubhouse for use
by the residents of the abutting 113-unit mobile home park, while making minor improvements
to the site. The requested amendment could allow the parcel to be redeveloped with one
dwelling unit or limited non-residential uses, including retail or office uses intended to serve the
residents of the mobile home park.
The Planning and Development Department has determined that the proposed Zoning Atlas
amendment is consistent with the provisions of the Community Development Code as
specified below:
·The proposed amendment is consistent with the Comprehensive Plan and the
Community Development Code.
·The proposed amendment is compatible with the surrounding properties and character
of the neighborhood.
·The available uses in the Mobile Home Park (MHP) District are compatible with the
surrounding area.
·The proposed amendment will not adversely impact or unreasonably affect the use of
other property in the area.
·The proposed amendment will not adversely burden public facilities, including traffic
carrying capabilities of streets in an unreasonably or disproportionate manner, and
·The proposed Mobile Home Park (MHP) District boundaries are appropriately drawn in
regard to location and classification of street, ownership lines, existing improvements
and the natural environment.
Page 1 City of Clearwater Printed on 1/18/2021
File Number: REZ2020-10001
The Community Development Board reviewed this application at its December 15, 2020 public
hearing and made a unanimous recommendation of approval to the Council.
APPROPRIATION CODE AND AMOUNT: N/A
USE OF RESERVE FUNDS: N/A
Page 2 City of Clearwater Printed on 1/18/2021
Ordinance No. 9426-21
ORDINANCE NO. 9426-21
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY, BY
REZONING CERTAIN REAL PROPERTY LOCATED
GENERALLY 1200 FEET EAST OF SOUTH MISSOURI
AVENUE, ON THE NORTH SIDE OF LAKEVIEW ROAD,
WHOSE POST OFFICE ADDRESS IS 1298 LAKEVIEW ROAD,
CLEARWATER, FLORIDA 33756, FROM MEDIUM DENSITY
RESIDENTIAL (MDR) TO MOBILE HOME PARK (MHP);
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the Zoning Atlas 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 following described property in Clearwater, Florida, is hereby rezoned,
and the Zoning Atlas of the City is amended as follows:
Property Land Use Category
See attached Exhibit A for legal
description
From: Medium
Density Residential
(MDR)
To: Mobile Home
Park (MHP)
(REZ2020-10001)
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, subject to
the approval of the land use designation set forth in Ordinance 9425-21 by the Pinellas
County Board of County Commissioners.
Ordinance No. 9426-21
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
LEGAL DESCRIPTION REZ2020-10001
=========================================================================================
No. Parcel ID Lot No., Block No. Address
1. 22-29-15-35532-000-0091 Lot 9 1298 Lakeview Rd.
The South 100.00 feet of the East 75.00 feet of Lot 9, F.E. HANOUSEK’S SUBDIVISON,
according to map or plat thereof as recorded in Plat Book 1, Page 41, Public Records of
Pinellas County, Florida, more particularly described as follows:
Begin at the Southeast corner of the Northwest ¼ of the Northwest ¼ of Section 22, Township
29 South, Range 15 East, and run thence North 00°02’37” West, 20.00 feet for a POINT OF
BEGINNING, thence continue North 00°02’37” West, 100.00 feet, thence North 89°09’01”
West 75.00 feet, thence South 00°02’37” East, 100.00 feet, thence South 89°09’01” East,
75.00 feet to the Point of Beginning. LESS the East 15.00 feet for road right-of-way and LESS
the South 10.00 feet for road right-of-way.
Exhibit B 6292835532
01476
6 8
1 2 3 456 7 8 9 10
48 47 46 45 44 43 42 41 40 39 38
11
49 50 51 52 53 54 55 56 57 58
96 95 94 93 92 91 90 89 88 87
59
97 98 99 100 101 102 103 104 105 106 107
33
31
56
55
54
53
52
25
24
23
22
32
9 1
2 3 62 63 64
55
56
57
58
59
60
61
123
4
5
6
7
8
9
9
41
42
43
44
45
46
47
48
49
50
15
14
13
12
11
10
9
8
7
2
6
3 4 5
1 2 3
8
7
6
5
4
1
2
3
4
5
6
26
86
7
1
1
MDR
MHP
C
LMDR
LMDR
LMDR
O
C
LAKEVIEW RD ADAMS AVE MILTON ST
BROWNING ST S BETTY LN FRIEND AVE BOYLAN AVE S EVERGREEN AVES BETTY LN 1307
1315
1312
1321
1308
1316
1314
1319
1301
1318
1304
1315
1325 13011316 13241317132213071312
1301 13161308131813001275133612801260
1328131913031270 1318134513091323
1285
1338130613301304
1316 134113121315 131513121309133812581335130013401308 13241309
1310 129513041280 1331131013341315
1319 1328131312791324 132713201312 13041307 130613231252
13101256
130513141305130912541281 133313191311132512511332125012651300 131713291311
1273
1286 131313231317
1320
13131310
1308 1311
1301
1287
1271
1241
12991298134413011258 1327-Not to Scale--Not a Survey-Rev. 10/12/2020
Proposed Zoning Map
Owner(s): Cobblestone l CTC, LLC Case: REZ2020-10001
Site: 1298 Lakeview Road Property
Size(Acres): 0.141
Land Use Zoning
PIN:22-29-15-35532-000-0091
From: Residential Urban
(RU)
To: Residential Low
Medium (RLM)
Medium Density
Residential (MDR)
Mobile Home Park
(MHP) Atlas Page: 306B
REZ2020-10001
Cobblestone I CTC, LLC
1298 Lakeview Road
View looking north at subject property, 1298 Lakeview Road
West of subject property
East of subject property
South of subject property, across Lakeview Road
View looking easterly along Lakeview Road View looking westerly along Lakeview Road
PLANNING & DEVELOPMENT DEPARTMENT
COMMUNITY DEVELOPMENT BOARD STAFF REPORT
MEETING DATE: December 15, 2020
AGENDA ITEM: F. 2.
CASE: REZ2020-10001
REQUEST: To amend the Zoning Atlas designation from Medium Density Residential
(MDR) to Mobile Home Park (MHP)
GENERAL DATA:
Owner.............................
Applicant........................
Agent/Representative .....
Cobblestone I CTC, LLC
Jason Hagen, Managing Member
Brian J. Aungst, Jr. Esq.
Location ......................... 1298 Lakeview Road, located on the north side of Lakeview Road
approximately 1250 feet east of South Missouri Avenue.
Property Size........
0.141 acres
Background:
This case involves a 0.141-acre parcel of land located on the north side of Lakeview Road, approximately
1,250 feet from South Missouri Avenue. The parcel, owned by Cobblestone I CTC, LLC, is generally
bounded by an existing mobile home park (north and west), South Betty Lane (east), and Lakeview Road
(south). The abutting mobile home community was developed 60 years ago and currently has 113 mobile
home units and a clubhouse/office. Cobblestone I CTC, LLC purchased that site (1280 Lakeview Road) in
June 2019 and later purchased the subject site (1298 Lakeview Road) in December 2019. The subject parcel
has most recently been used as an administrative office. The owner’s intent it to convert the existing building
on the subject property to a clubhouse to serve the existing mobile home park, while making other
improvements to the development.
Currently, the future land use and zoning designations for the abutting mobile home park, and the
designations for the subject site must be amended so that the subject site can be combined and used as part of
the overall mobile home park. The request is to change the Zoning Atlas designation of the property from
Medium Density Residential (MDR) to Mobile Home Park (MHP). A request to amend the property’s future
land use designation from Residential Urban (RU) District to Residential Low Medium (RLM) District is
also being considered concurrently with this case (see LUP2020-10001).
Community Development Board – December 15, 2020
REZ2020-10001 - Page 2 of 7
Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION
Additionally, the property owners are seeking to terminate the existing mobile home park’s non-conformities
related to density and setbacks on the abutting property through the concurrent FLD2020-09018 application
being considered separately.
Vicinity Characteristics:
Maps 1 and 2 show the general location of the property and an aerial view of the amendment area and its
surroundings.
Map 1 Map 2
Map 3 shows the existing surrounding uses. Residential uses including detached single-family houses
surround the site across South Betty Lane and Lakeview Road. To the north and west is the mobile home
park that the applicant is seeking to consolidate with this site.
Map 3
Community Development Board – December 15, 2020
REZ2020-10001 - Page 3 of 7
Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION
As shown on Map 4, the Zoning Atlas designations around the property are Mobile Home Park (MHP) to the
north and west; Low Medium Density Residential (LMDR) to the southeast and southwest; and Medium
Density Residential (MDR) to the east and south.
Map 4
REVIEW CRITERIA:
Consistency with the Clearwater Comprehensive Plan [Sections 4-602.F.1]
Recommended Findings of Fact:
Applicable goals, objectives and policies of the Clearwater Comprehensive Plan which support the proposed
amendment include:
Goal A.2 A sufficient variety and amount of future land use categories shall be provided to accommodate
public demand and promote infill development.
Goal A.4. The City shall work toward a land use pattern that can be supported by the available community
and public facilities that would be required to serve the development.
Policy A.5.5.1 Development shall be designed to maintain and support the existing or envisioned character
of the neighborhood.
Policy A.5.5.4 The transition between intensive redevelopment areas and adjacent low density areas should
be sensitive to the scale of development in those low density areas.
Community Development Board – December 15, 2020
REZ2020-10001 - Page 4 of 7
Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION
Objective A.6.4. Due to the built-out character of the city of Clearwater, compact urban development within
the urban service area shall be promoted through the application of the Clearwater Community Development
Code.
Applicable section of the Community Development Code which supports the proposed amendment:
Division 6, Mobile Home Park District, Section 2-601. Intent and Purpose. The intent and purpose of the
Mobile Home Park (MHP) District is to recognize the existence of mobile home communities within the
City of Clearwater and to provide for their continued existence and enhancement.
The proposed Mobile Home Park (MHP) District is compatible with the mobile home park to the north and
west, and with the single-family neighborhoods to the east, south, and southeast.
The applicant has indicated that the property will be combined with the abutting mobile home park for
development of a clubhouse for the use by the existing residents. In addition, the proposal does not degrade
the level of service for public facilities below the adopted standards (a detailed public facilities analysis
follows in this report).
Recommended Conclusions of Law:
The request does not conflict with the goals, objectives, and policies of the Clearwater Comprehensive Plan
and furthers said plan and the Community Development Code as indicated above.
Compatibility with Surrounding Properties/Character of the City & N eighborhood [Section 4-602.F.2,
4-602.F.3 and Section 4-602.F.4]
Recommended Findings of Fact:
Existing surrounding uses consist of a mobile home park to the north and west; and single-family homes to
the north, east, and south. The proposed use of the subject property as a clubhouse accessory to the abutting
mobile home park is compatible with the surrounding properties and neighborhood.
The proposed Mobile Home Park (MHP) zoning district is consistent with the zoning districts that exist in
the vicinity of the subject property. Further, the applicant’s intent to use the property as a clubhouse for the
adjacent mobile home park is permitted in the requested Mobile Home Park (MHP) District and is
compatible, consistent, and in character with the surrounding properties and the neighborhood.
Recommended Conclusions of Law:
The proposed Mobile Home Park (MHP) zoning district is in character with the zoning districts in the area.
Further, the proposal is compatible with surrounding uses and consistent with the character of the
surrounding properties and neighborhood.
Sufficiency of Public Facilities [Section 4-602.F.5]
Recommended Findings of Fact:
To assess the sufficiency of public facilities needed to support potential development on the proposed
property, the maximum development potential under the present and requested City Future Land Use Map
Community Development Board – December 15, 2020
REZ2020-10001 - Page 5 of 7
Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION
designations were analyzed. Even though this is a Zoning Atlas amendment application, maximum
development potential is based on the underlying future land use, so for the purpose of this analysis,
sufficiency of public facilities is based on the Future Land Use Map designation.
The current and proposed Future Land Use map designations of Residential Urban (RU) and Residential
Low Medium (RLM), as well as the current and proposed Zoning Atlas designations of Medium Density
Residential (MDR) and Mobile Home Park (MHP) primarily permit residential uses. Certain non-residential
uses are permitted through the consistent Mobile Home Park (MHP) District, but are intended to serve to
residents of the mobile home park and limited in scale pursuant to the criteria in Section 2-603. The
proposed amendment will result in no change to the residential development potential and there is no change
in the maximum number of units that could be built as shown in Table 1.
Table 1. Development Potential for Existing & Proposed FLUM Designations
Present FLUM
Designation “ RU”
Requested FLUM Designation
“RLM” Net Change
Site Area
0.141 AC
(6,141.96 SF) 0.141 AC
(6,141.96 SF)
Max. Development
Potential
1 DUs /3 Beds1
0 SF2
0.40 FAR2
1 DUs / 0 Beds3
3,071 SF4
0.50 FAR4
0 DUs / -3 Beds3
+3,071 SF4
+0.10 FAR
Notes:
1. Residential equivalent uses are permitted through the consistent Medium Density Residential (MDR) District (3 bed for each unit).
2. FAR is not used to regulate residential uses and there are no non-residential uses permitted through the consistent Medium Density
Residential (MDR) District; therefore, the square footage development potential is zero.
3. Residential equivalent uses are not permitted through the consistent Mobile Home Park (MHP) District.
4. Non-Residential uses are permitted through the consistent Mobile Home Park (MHP) District but limited to public transportation facilities,
utilities/infrastructure facilities, and limited office and limited retail. Office and retail uses are intended to serve the residents of the mobile
home park and are limited to 2,000 square feet per use per the criteria in Section 2-603.
Abbreviations:
FLUM – Future Land Use Map DUs – Dwelling Units AC – Acres FAR – Floor Area Ratio
SF – Square feet
For the purposes of this analysis, residential utilization rates were used as residential uses have the highest
public facilities demand overall compared to the other allowable uses in the current and proposed zoning
districts. There is also no difference between attached or detached dwellings from a utilities’ perspective.
There is an existing 2,400 square feet office on the property which is intended to be used as a clubhouse for
the abutting mobile home park. If the subject property were to redevelop at the maximum permitted density
(10 units per acre), there could be 1 unit. This is not an increase from what could be developed under the
current allowable density (7.5 units per acre); therefore, the proposed amendment will not result in an impact
to public utilities. Additionally, as noted in Table 1, non-residential development is permitted in the Mobile
Home Park (MHP) District, but is limited to certain uses. Any office and retail uses would be limited to
2,000 sf per use, or 0.50 FAR, and only intended to serve the residents of the mobile home park. As such,
there would be no additional impact on public facilities from potential non-residential uses.
Community Development Board – December 15, 2020
REZ2020-10001 - Page 6 of 7
Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION
Recommended Conclusions of Law:
Based upon the findings of fact, it is determined that the proposed change will not result in the degradation
of the existing levels of service for potable water, sanitary sewer, solid waste, parkland, and stormwater.
Any required traffic mitigation will be determined at the time of site plan review .
Location of District Boundaries [Section 4-602.F.6]
Recommended Findings of Fact:
The location of the proposed Mobile Home Park (MHP) District is consistent with the boundaries of the
subject property.
Recommended Conclusions of Law:
The District boundaries are appropriately drawn in regard to location and classifications of street, ownership
lines, existing improvements and the natural environment.
SUMMARY AND RECOMMENDATION:
No amendment to the Zoning Atlas shall be recommended for approval or receive a final action of support
unless it complies with the standards contained in Section 4-602.F, Community Development Code. Table 2
below depicts the consistency of the proposed amendment with the standards under Section 4-602.F:
Table 2. Consistency with Community Development Code Standards for Review
CDC Section
4-602 Standard Consistent Inconsistent
F.1 The proposed amendment is consistent with and features the
goals, policies and objectives of the Comprehensive Plan and
furthers the purposes of this Development Code and other city
ordinances and actions designed to implement the plan.
X
F.2 The a available uses to which the property may be put are
appropriate to the property which is subject to the proposed
amendment and compatible with existing and planned uses in the
area.
X
F.3 The amendment does not conflict with the needs and character of
the neighborhood and the city.
X
F.4 The amendment will not adversely or unreasonably affect the use
of other property in the area.
X
F.5 The amendment will not adversely burden public facilities,
including the traffic-carrying capacities of streets, in a
unreasonably or disproportionate manner.
X
F.6 The district boundaries are appropriately drawn with due regard
to locations and classifications of streets, ownership lanes,
existing improvements and the natural environment.
X
Community Development Board – December 15, 2020
REZ2020-10001 - Page 7 of 7
Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION
Based on the foregoing, the Planning and Development Department recommends the following action:
Recommend APPROVAL of the Zoning Atlas Amendment from Medium Density Residential (MDR) to
Mobile Home Park (MHP).
Prepared by Planning and Development Department Staff:
Diego Guevara
Senior Planner
ATTACHMENTS: Ordinance No. 9426-21
Resume
Photographs of Site and Vicinity
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: LUP2020-10002
Agenda Date: 1/19/2021 Status: Agenda ReadyVersion: 1
File Type: Planning CaseIn Control: Planning & Development
Agenda Number: 8.4
SUBJECT/RECOMMENDATION:
Approve a Future Land Use Map Amendment from the Residential Suburban (RS) category to
the Residential Urban (RU) category for 2250 Nursery Road and pass Ordinance 9427-21 on
first reading. (LUP2020-10002)
SUMMARY:
This Future Land Use Map amendment involves a 0.875-acre property on the north side of
Nursery Road approximately 645 feet east of Belcher Road. The parcel is currently owned by
Larry L. and Gladys N. Hilkert, as trustees under the trust dated the 30th day of August, 2005.
The applicant is requesting to amend the future land use designation from Residential
Suburban (RS) to Residential Urban (RU). The applicant has submitted a Zoning Atlas
amendment, which is being processed concurrently with this case (see REZ2020-10002).
The property is currently a residential use and includes two buildings which were annexed into
the City in 1999 as two residential units. Although the applicant has indicated that three
attached dwelling units and one detached dwelling unit are located on the site, staff has
reviewed building permit records and determined that only two of the units were permitted. The
current future land use designation of Residential Suburban (RS) allows for a maximum density
of 2.5 dwelling units per acre. The proposed Residential Urban (RU) category primarily allows
urban low density residential and residential equivalent uses at a maximum density of 7.5
dwelling units per acre. There would be an increase in development potential of four units, from
two units to six, under this proposed amendment. The requested amendment would allow the
property to become conforming in terms of density and could allow the property owner to
request redevelopment as attached dwellings in the future through the Residential Infill Project
use. There has been no site development application submitted at this time.
The Planning and Development Department has determined that the proposed Future Land
Use Map amendment is consistent with the provisions of the Clearwater Community
Development Code as specified below:
·The proposed amendment is consistent with the Comprehensive Plan and the
Countywide Plan Rules.
·The proposed amendment is compatible with the surrounding properties and character
of the neighborhood.
Page 1 City of Clearwater Printed on 1/18/2021
File Number: LUP2020-10002
·Sufficient public facilities are available to serve the property.
·The proposed amendment will not have an adverse impact on the natural environment.
·The proposed amendment will not have an adverse impact on the use of property in the
immediate area.
The underlying Countywide Plan Map category of Residential Low Medium (RLM) on the
proposed amendment area is consistent with the proposed City of Clearwater future land use
designation of Residential Urban (RU); therefore, no amendment is required to the Countywide
Plan Map. The application is a small-scale amendment so review and approval by the Florida
Department of Economic Opportunity is not required.
The Community Development Board reviewed this application at its December 15, 2020 public
hearing and made a unanimous recommendation of approval to the Council.
APPROPRIATION CODE AND AMOUNT: N/A
USE OF RESERVE FUNDS: N/A
Page 2 City of Clearwater Printed on 1/18/2021
Ordinance No. 9427-21
ORDINANCE NO. 9427-21
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE
LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY
LOCATED ON THE NORTH SIDE OF NURSERY ROAD
APPOXIMATELY 645 FEET EAST OF BELCHER ROAD,
WHOSE POST OFFICE ADDRESS IS 2250 NURSERY ROAD,
CLEARWATER, FL 33764 FROM RESIDENTIAL SUBURBAN
(RS), TO 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 changed by designating the land use category for the hereinafter described
property as follows:
Property Land Use Category
See attached Exhibit A for Legal Description;From: Residential Suburban (RS)
(LUP2020-10002) To: Residential Urban (RU)
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 contingent upon and subject to the approval of
the land use change by the Pinellas County Board of Commissioners, where applicable, and thirty-
one (31) days post-adoption. If this ordinance is appealed within thirty (30) days after adoption,
then this ordinance will take effect only after approval of the land use designation by the Pinellas
County Board of Commissioners and upon issuance of a final order determining this amendment to
be in compliance either by the Department of Economic Opportunity (DEO) or the Administration
Commission, where applicable, pursuant to section 163.3187, Florida Statutes. The Community
Development Coordinator is authorized to transmit to Forward Pinellas, in its role as the Pinellas
Planning Council, an application to amend the Countywide Plan in order to achieve consistency
with the Future Land Use Element of the City’s Comprehensive Plan as amended by this
ordinance.
Ordinance No. 9427-21
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
LEGAL DESCRIPTIONS
LUP2020-10002 & REZ2020-10002
=========================================================================================
No. Parcel ID Lot No., Block No. Address
1. 22-29-16-70272-300-1100 Lot 11 2250 Nursery Rd.
A PARCEL OF LAND LYING IN SECTION 19, TOWNSHIP 29 SOUTH, RANGE 16 EAST,
PINELLAS COUNTY FLORIDA, ALSO BEING A PORTION OF LOT 11, OF PINELLAS
GROVES, INC. AS RECORDED IN PLAT BOOK 1, PAGE 55, OF THE PUBLIC RECORDS
OF PINELLAS COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF THE NORTHWEST ¼ OF THE
SOUTHWEST ¼ OF SAID SECTION 19 AND RUN S.89°09’04”E., ALONG THE
CENTERLINE OF NURSERY ROAD, A DISTANCE OF 606.39 FEET TO A POINT; LEAVING
SAID CENTERLINE, RUN N.00°11’32”E., A DISTANCE OF 33 FEET TO A POINT
INTERSECTING THE NORTHERLY RIGHT-OF-WAY LINE OF SAID NURSERY ROAD FOR
THE POINT OF BEGINNING:
LEAVING SAID RIGHT-OF-WAY LINE, RUN N00°11’32”E., A DISTANCE OF 231.00 FEET
TO A POINT; THENCE RUN S.89°09’04”E, A DISTANCE OF 165.00 FEET TO A POINT;
THENCE RUN S.00°11’32”W., A DISTANCE OF 231.00 FEET TO A POINT INTERSECTING
THE AFOREMENTIONED RIGHT-OF-WAY LINE; THENCE RUN N.89°09’04”W., ALONG
SAID RIGHT-OF-WAY LINE, A DISTANCE OF 165.00 FEET TO THE POINT OF
BEGINNING, CONTAINING 0.875 ACRES MORE OR LESS. SUBJECT TO ANY AND ALL
EASEMENTS OF RECORD.
Exhibit B
Proposed Future Land Use Map
Owner(s): Larry L. & Gladys N. Hilkert, as trustees under the
trust dated the 30th day of August, 2005 Case: LUP2020-10002
REZ2020-10002
Site: 2250 Nursery Road Property
Size(Acres): 0.875
Land Use Zoning
PIN: 19-29-16-70272-300-1100
From: Residential
Suburban (RS) Low Density
Residential (LDR)
To: Residential Urban
(RU) Medium Density
Residential (MDR) Atlas Page: 317A 1862409045
55030
70272
62124
06219
7
3
1
2
4
6
1
9 10 11
9
10
11
1
33/03
33/08
33/081
33/02
33/15
1
1 RS
RM
RH
RS RSCG
R/OG
CG CG
R/O/R
NURSERY RD S BELCHER RD MAPLE FOREST RD EXECUTIVE PLACE DR COUNTRY OAKS LN 1459
22311493
22291
4
7
4
224122351480
1475
1477
1453
1443
1487
1463
1492
1441
1449
1451
1469
1505
1456
1499
22301441
22251478
22451545
1470
1467A
1486
1471
2233148
225022601475A
1467B -Not to Scale--Not a Survey-Rev. 10/9/2020
LUP2020-10002; REZ2020-10002
Larry L. and Gladys N. Hilkert, as trustees under
the trust dated the 30th day of August, 2005
2250 Nursery Road
View looking north at the subject property, 2250 Nursery Road
Across the street, to the south of the subject property
East of the subject property
West of the subject property
View looking easterly along Nursery Road View looking westerly along Nursery Road
PLANNING & DEVELOPMENT DEPARTMENT
COMMUNITY DEVELOPMENT BOARD STAFF REPORT
MEETING DATE: December 15, 2020
AGENDA ITEM: F.3.
CASE: LUP2020-10002
REQUEST: To amend the Future Land Use Map designation from Residential
Suburban (RS) to Residential Urban (RU)
GENERAL DATA:
Owner..............................
Applicant.........................
Agent/Representative......
Larry L. & Gladys N. Hilkert, as trustees under the trust dated the 30th day
of August, 2005
Larry L. & Gladys N. Hilkert, as trustees under the trust dated the 30th day
of August, 2005
Housh Ghovaee, Northside Engineering, Inc.
Location .......................... 2250 Nursery Road, approximately 645 feet east of Belcher Road
Property Size ................... 0.875 acres
Background:
This case involves a 0.875-acre property located on the north side of Nursery Road approximately 645 feet
east of Belcher Road. The request is to change the Future Land Use Map designation of the property from
Residential Suburban (RS) to Residential Urban (RU). A request to rezone the property from the Low
Density Residential (LDR) District to the Medium Density Residential (MDR) District is being processed
concurrently with this case (see REZ2020-10002).
The original house was constructed in Pinellas County in 1961. In 1986, a detached garage was added (the
northern building), which according to county records was later converted in 1998 to a single family
residence. In 1999, the owners requested annexation for the two units into the City in order to receive city
water and sewer service (case A99-10). The applicant has indicated there are four units currently on the
property; however, there is no record of permits establishing the two additional units. Additionally, the
applicant has indicated they would like to redevelop the site with up to six attached dwellings (townhouses)
which would require map amendments. However, no site plan application has been received at this time.
Currently, the property’s future land use map designation is Residential Suburban (RS). The requested
amendments would allow the property to become conforming in terms of density and could allow the site to
request redevelopment as attached dwellings in the future through the Residential Infill Project use.
Community Development Board – December 15, 2020
Revised for January 19, 2021 City Council Meeting
LUP2020-10002 - Page 2 of 9
Level III Comprehensive Plan Amendment Review
PLANNING & DEVELOPMENT
LONG RANGE PLANNING DIVISION
Vicinity Characteristics:
Maps 1 and 2 show the general location of the property and an aerial view of the amendment area and its
surroundings. Map 3 shows the existing surrounding uses.
Map 1 Map 2
To the west is multi-family residential, and to the south across Nursery Road are multi-family residential and
a small retail plaza. North of the subject property are large-lot single family residences, and to the east is a
stormwater pond owned by Pinellas County, all of which are within Pinellas County jurisdiction.
Map 3
Community Development Board – December 15, 2020
Revised for January 19, 2021 City Council Meeting
LUP2020-10002 - Page 3 of 9
Level III Comprehensive Plan Amendment Review
PLANNING & DEVELOPMENT
LONG RANGE PLANNING DIVISION
As shown on Map 4, the abutting future land use designations are Residential High (RH) to the west and
Residential Suburban (RS) to the north and east. Residential Medium (RM) and Commercial General (CG)
are located across Nursery Road to the south.
A comparison between the uses, densities and intensities allowed by the present and proposed Future Land
Use Map designations appears in Table 1, along with the consistent zoning districts.
Map 4
Table 1. Uses, Densities and Intensities Allowed by Present and Proposed Future Land Use Designations
Present FLUM Designation
Residential Suburban (RS)
Requested FLUM Designation
Residential Urban (RU)
Primary Uses: Low Density Residential Urban Low Density Residential;
Residential Equivalent
Maximum Density: 2.5 Dwelling Units Per Acre 7.5 Dwelling Units Per Acre
Maximum
Intensity:
FAR 0.30; ISR 0.60 FAR 0.40; ISR 0.65
Consistent Zoning
Districts:
Low Density Residential (LDR) Low Medium Density Residential (LMDR);
Medium Density Residential (MDR)
Community Development Board – December 15, 2020
Revised for January 19, 2021 City Council Meeting
LUP2020-10002 - Page 4 of 9
Level III Comprehensive Plan Amendment Review
PLANNING & DEVELOPMENT
LONG RANGE PLANNING DIVISION
REVIEW CRITERIA:
Consistency with the Clearwater Comprehensive Plan [Sections 4-603.F.1 and 4-603.F.2]
Recommended Findings of Fact:
Applicable goals, objectives and policies of the Clearwater Comprehensive Plan which support the proposed
amendment include:
Goal A.2 A sufficient variety and amount of future land use categories shall be provided to accommodate
public demand and promote infill development.
Goal A.4. The City shall work toward a land use pattern that can be supported by the available community
and public facilities that would be required to serve the development.
Policy A.5.5.1 Development shall be designed to maintain and support the existing or envisioned character
of the neighborhood.
Policy A.5.5.4 The transition between intensive redevelopment areas and adjacent low density areas should
be sensitive to the scale of development in those low density areas.
Goal A.6 The City of Clearwater shall utilize innovative and flexible planning and engineering practices, and
urban design standards in order to protect historic resources, ensure neighborhood preservation, redevelop
blighted areas, and encourage infill development.
Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within
the urban service area shall be promoted through the application of the Clearwater Community Development
Code.
Objective C.1.1 Assure an adequate supply of housing in Clearwater by providing for additional new
dwelling units in a variety of types, costs, and locations to meet the needs of the residents of the City of
Clearwater.
The proposed Residential Urban (RU) future land use designation is compatible with the surrounding single
and multi-family residential uses as well as the small retail plaza. The applicant has indicated the desire to
develop the property with attached dwellings; however, no site plan application has been submitted at this
time. The Residential Urban (RU) designation allows for more intense development than the current
Residential Suburban (RS) designation but would allow for the site to become conforming in terms of
density. Overall, the density allowed will be greater than permitted by the current land use designation as
well as the surrounding Residential Suburban (RS) land use categories to the north and east, but will still be
less than the adjacent Residential High (RH) land use designation to the west and the Residential Medium
(RM) land use designation to the south across Nursery Road. The proposed future land use designation
change would allow for four additional units on the parcel than what is permitted by the current future land
use designation. Since the property is located contiguous to parcels zoned low density residential, attached
dwellings are not permitted and such a proposed use would need to be reviewed as a Residential Infill
Project use pursuant to Section 2.303.A.2 of the Community Development Code. In addition, the proposal
does not degrade the level of service for public facilities below the adopted standards (a detailed public
facilities analysis follows in this report).
Community Development Board – December 15, 2020
Revised for January 19, 2021 City Council Meeting
LUP2020-10002 - Page 5 of 9
Level III Comprehensive Plan Amendment Review
PLANNING & DEVELOPMENT
LONG RANGE PLANNING DIVISION
Recommended Conclusions of Law:
The request does not conflict with the goals, objectives and policies of the Clearwater Comprehensive Plan
and furthers said plan as indicated above.
Consistency with the Countywide Rules
Recommended Findings of Fact:
The underlying Countywide Plan Map category on the proposed amendment area is Residential Low
Medium (RLM), which is consistent with the proposed City of Clearwater future land use designation of
Residential Urban (RU). No amendment would be required to the Countywide Plan Map.
Section 2.3.3.3 of the Countywide Rules states that the Residential Low Medium (RLM) category is intended
to depict areas that are now developed, or appropriate to be developed, in a suburban, low density or
moderately dense residential manner; and to recognize such areas as primarily well-suited for residential uses
that are consistent with the suburban qualities, transportation facilities, including transit, and natural
resources of such areas.
The proposed use, as indicated by the applicant, will be additional residential units, which is an appropriate
use within the area and consistent with the existing and surrounding Countywide Plan Map categories.
Recommended Conclusions of Law:
The proposed Future Land Use Map amendment is consistent with the purpose of the existing category in the
Countywide Rules.
Compatibility with Surrounding Properties/Character of the City & Neighborhood [Section 4-603.F.3
and Section 4-603.F.6]
Recommended Findings of Fact:
Existing surrounding uses primarily consist of multi-family residential to the west and to the south. Single
family residential exists to the north and farther to the east. Additionally, there is a small retail plaza to the
south. The proposed use of the subject property of residential is compatible with the surrounding properties
and neighborhood.
Recommended Conclusions of Law:
The proposed Residential Urban (RU) future land use category would allow development that is in character
with the Future Land Use Map designations in the area. Further, the proposal is compatible with surrounding
uses and consistent with the character of the surrounding properties and neighborhood.
Community Development Board – December 15, 2020
Revised for January 19, 2021 City Council Meeting
LUP2020-10002 - Page 6 of 9
Level III Comprehensive Plan Amendment Review
PLANNING & DEVELOPMENT
LONG RANGE PLANNING DIVISION
Sufficiency of Public Facilities [Section 4-603.F.4]
Recommended Findings of Fact:
To assess the sufficiency of public facilities needed to support potential development on the proposed
amendment area, the maximum development potential of the property under the current and requested City
Future Land Use Map designations were analyzed.
Table 2. Development Potential for Existing & Proposed FLUM Designations
Present FLUM
Designation
“RS”
Requested FLUM
Designation
“RU”
Net Change
Site Area 0.875 AC
(38,115 SF)
0.875 AC
(38,115 SF)
Maximum
Development
Potential
2 DUs / 0 Beds1
0 SF2
0.30 FAR
6 DUs / 18 Beds3
0 SF2
0.40 FAR
+4 DUs / +18 Beds
0 SF
+0.10 FAR
Notes:
1. Residential equivalent uses are not permitted through the consistent Low Density Residential (LDR) District.
2. FAR is not used to regulate residential uses and there are no non-residential uses permitted through the consistent Low Density
Residential (LDR) District and requested Medium Density Residential (MDR) District; therefore, the square footage development
potential is zero.
3. Residential equivalent uses are permitted through the consistent Medium Density Residential (MDR) District at 3 beds per unit
per acre.
Abbreviations:
FLUM – Future Land Use Map DUs – Dwelling Units
AC – Acres FAR – Floor Area Ratio
SF – Square feet
As shown in the table, there is an increase in development potential of four units. The following analysis
compares the maximum potential development of the proposed Residential Urban (RU) future land use
developed with six attached dwellings to the maximum development potential of the existing Residential
Suburban (RS) future land use category developed with a residential use (two dwelling units). Since the
existing residential development (four dwelling units) exceeds the current density, a second analysis is
provided that compares the existing usage to the maximum potential usage under the proposed future land
use category (six units).
Potable Water
The change in development potential from this amendment would result in an increase in potable water use
of up to 1,152 gallons per day. This increase is determined by taking the potential potable water utilization of
the proposed land use developed with the maximum number of dwelling units allowed (1,728 gallons per
day) and subtracting it from the potential usage of a residential use built out at the maximum number of units
permitted by the current land use designation (576 gallons per day).
When comparing the potable water utilization of the proposed number of dwelling units (6 units; 1,728
gallons per day) to the utilization of the existing residential development (4 units; 1,152 gallons per day) it
shows that the proposed change could result in approximately 576 gallons per day, even less of an increase in
demand for potable water.
Community Development Board – December 15, 2020
Revised for January 19, 2021 City Council Meeting
LUP2020-10002 - Page 7 of 9
Level III Comprehensive Plan Amendment Review
PLANNING & DEVELOPMENT
LONG RANGE PLANNING DIVISION
The City’s current potable water demand is 10.53 million gallons per day (MGD). The City’s adopted level
of service (LOS) standard for potable water service is 120 gallons per day per capita, while the actual usage
is estimated at 73 gallons per day per capita (2019 Annual Water Report). The City’s 10-year Water Supply
Facilities Work Plan (2016-2026 Planning Period), completed October 2017, indicates that based on the
updated water demand projections and other factors, the City has adequate water supply and potable water
capacity for the 10-year planning horizon.
Wastewater
The change in development potential from this amendment would result in an increase in wastewater use of
up to 1,036.8 gallons per day. This increase is determined by taking the potential potable water utilization of
the proposed land use developed with the maximum number of dwelling units allowed (1,555.2 gallons per
day) and subtracting it from the potential usage of a residential use built out at the maximum number of units
permitted by the current land use designation (518.4 gallons per day).
When comparing the wastewater utilization of the proposed number of dwelling units (6 units; 1,555.2
gallons per day) to the utilization of the existing residential development (4 units; 1,036.8 gallons per day) it
shows that the proposed change could result in approximately 518.4 gallons per day, even less of an increase
in demand for wastewater.
The subject property is served by the East Water Reclamation Facility, which presently has excess permitted
capacity estimated to be 3.01 million gallons per day. Therefore, there is excess sanitary sewer capacity to
serve the amendment area.
Solid Waste
The change in development potential from this amendment would increase up to 10.1 tons per year of solid
waste generated. This increase is determined by taking the utilization of the proposed land use developed
with the maximum number of dwelling units (15.2 tons per year) and subtracting it from the potential
utilization of a residential use built out at the maximum number of units permitted by the current land use
designation (5.1 tons per year).
When comparing the solid waste generated from the proposed number of dwelling units (15.2 tons per year)
to the solid waste generated by the existing residential use (10.1 tons per year) it shows that the proposed
change could result in approximately 5.1 tons per year, even less of an increase of solid waste generated.
Pinellas County handles all solid waste disposal is handled at the Pinellas County Waste-to-Energy Plant and
the Bridgeway Acres Sanitary Landfill which has significant capacity. Additionally, the City provides a full-
service citywide recycling program which diverts waste from the landfill, helping to extend the lifespan of
Bridgeway Acres. There is excess solid waste capacity to serve the amendment area.
Parkland
Under both the existing and proposed land use, the LOS citywide will continue to exceed the adopted LOS of
4 acres per 1,000 residents. The City is currently providing 7.98 acres of parkland per 1,000 residents. With
the proposed future land use amendment, two additional units could be developed resulting in five additional
residents. This is calculated using the most recent ACS estimate of 2.4 persons per household within the City
of Clearwater. Based on this impact analysis, the current provision of 7.98 acres of parkland per 1,000 would
Community Development Board – December 15, 2020
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Level III Comprehensive Plan Amendment Review
PLANNING & DEVELOPMENT
LONG RANGE PLANNING DIVISION
remain unchanged [Source: Draft Parks and Recreation Facilities Impact Fee Study, prepared by Tindale
Oliver Draft Date March 18, 2020].
Amending a property’s future land use or zoning designation does not have an immediate impact on the
City’s Parks and Recreation system and parkland requirements. Impacts are felt when development occurs.
This future land use map amendment will have no additional impact on parkland. However, Parks and
Recreation Impact Fees required to provide new recreation facilities and services will be assessed at the time
of development and will be based on the maximum increase in residents.
Stormwater
Site plan approval will be required before the property can be redeveloped. At that time, the stormwater
management system for the site will be required to meet all City and SWFWMD stormwater management
criteria.
Streets
The subject property is located on the north side of Nursery Road approximately 645 feet east of Belcher
Road. To evaluate potential impacts on streets, the typical traffic impacts figure (trips per day per acre) in the
Countywide Rules for the corresponding Countywide Plan Map categories (current and proposed) are
compared. Since the Countywide Plan map category of Residential Low Medium (RLM) is not changing, the
traffic generation rate of 67 trips per day per acre or 59 trips for the subject property remains the same for the
proposed amendment.
Recommended Conclusions of Law:
Based upon the findings of fact, the proposed development of residential units would increase the demand on
several public facilities when compared to the existing residential development; however, it is determined
that the proposed change will not result in the degradation of the current levels of service for potable water,
sanitary sewer, solid waste, parkland, stormwater management and streets.
Impact on Natural Resources [Section 4-603.F.5]
Recommended Findings of Fact:
No wetlands appear to be located on the subject property. The City’s codes require that development is
compliant with the City’s tree preservation, landscaping and stormwater management requirements.
Recommended Conclusions of Law:
Based on the findings of fact, it is determined that the proposed Future Land Use Map amendment will not
negatively impact natural resources on the subject property.
Community Development Board – December 15, 2020
Revised for January 19, 2021 City Council Meeting
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Level III Comprehensive Plan Amendment Review
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LONG RANGE PLANNING DIVISION
SUMMARY AND RECOMMENDATION:
No amendment to the Comprehensive Plan or Future Land Use Map shall be recommended for approval or
receive a final action of support unless it complies with the standards contained in Section 4-603.F,
Community Development Code. Table 3 below depicts the consistency of the proposed amendment with the
standards under to Section 4-603.F:
Table 3. Consistency with Community Development Code Standards for Review
CDC Section 4-603 Standard Consistent Inconsistent
F.1 The amendment will further implementation of the
Comprehensive Plan consistent with the goals, policies
and objectives contained in the Plan.
X
F.2 The amendment is not inconsistent with other provisions
of the Comprehensive Plan.
X
F.3 The available uses, if applicable, to which the properties
may be put are appropriate to the properties in question
and compatible with existing and planned uses in the
area.
X
F.4 Sufficient public facilities are available to serve the
properties.
X
F.5 The amendment will not adversely affect the natural
environment.
X
F.6 The amendment will not adversely impact the use of
properties in the immediate area.
X
Based on the foregoing, the Planning and Development Department recommends the following action:
Recommend APPROVAL of the Future Land Use Map Amendment from Residential Suburban (RS) to
Residential Urban (RU).
Prepared by Planning and Development Department Staff:
Kyle Brotherton
Senior Planner
ATTACHMENTS: Ordinance No. 9427-21
Resume
Photographs of Site and Vicinity
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: REZ2020-10002
Agenda Date: 1/19/2021 Status: Agenda ReadyVersion: 1
File Type: Planning CaseIn Control: Planning & Development
Agenda Number: 8.5
SUBJECT/RECOMMENDATION:
Approve a Zoning Atlas amendment from the Low Density Residential (LDR) District to the
Medium Density Residential (MDR) District for 2250 Nursery Road and pass Ordinance
9428-21 on first reading. (REZ2020-10002)
SUMMARY:
This Zoning Atlas amendment involves a 0.875-acre property on the north side of Nursery Road
approximately 645 feet east of Belcher Road. The parcel is currently owned by Larry L. and
Gladys Hilkert, as trustees under the trust dated the 30th day of August, 2005. The applicant is
requesting to rezone the property from the Low Density Residential (LDR) District to the
Medium Density Residential (MDR) District. The applicant has submitted a Future Land Use
Map amendment, which is being processed concurrently with this case (see LUP2020-10002).
The property is currently a residential use and includes two buildings which were annexed into
the City in 1999 as two residential units. Although the applicant has indicated that three
attached dwelling units and one detached dwelling unit are located on the site, staff has
reviewed building permit records and determined that only two of the units were permitted. The
proposed Medium Density Residential (MDR) District is compatible with the surrounding zoning
districts and single family and multi-family uses that exist in the vicinity of the subject property.
The requested amendment could allow the property owner to request redevelopment as
attached dwellings in the future through the Residential Infill Project use. There has been no
site development application submitted at this time.
The Planning and Development Department has determined that the proposed Zoning Atlas
amendment is consistent with the Clearwater Community Development Code as specified
below:
·The proposed amendment is consistent with the Comprehensive Plan and the
Community Development Code.
·The proposed amendment is compatible with the surrounding property properties and
character of the neighborhood.
·The available uses in the Medium Density Residential (MDR) District are compatible
with the surrounding area.
·The proposed amendment will not adversely or unreasonably affect the use of other
Page 1 City of Clearwater Printed on 1/18/2021
File Number: REZ2020-10002
property in the area.
·The proposed amendment will not adversely burden public facilities, including the
traffic-carrying capacities of streets, in an unreasonably or disproportionate manner;
and
·The proposed Medium Density Residential (MDR) District boundaries are appropriately
drawn in regard to location and classification of streets, ownership lines, existing
improvements, and the natural environment.
The Community Development Board reviewed this application at its December 15, 2020 public
hearing and made a unanimous recommendation of approval to the Council.
APPROPRIATION CODE AND AMOUNT: N/A
USE OF RESERVE FUNDS: N/A
Page 2 City of Clearwater Printed on 1/18/2021
Ordinance No. 9428-21
ORDINANCE NO. 9428-21
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY REZONING CERTAIN REAL PROPERTY LOCATED ON
THE NORTH SIDE OF NURSERY ROAD APPROXIMATELY
645 FEET EAST OF BELCHER ROAD, WHOSE POST
OFFICE ADDRESS IS 2250 NURSERY ROAD,
CLEARWATER, FL 33764, FROM LOW DENSITY
RESIDENTIAL (LDR) TO MEDIUM DENSITY RESIDENTIAL
(MDR); PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the Zoning Atlas 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 following described property in Clearwater, Florida, is hereby
rezoned, and the Zoning Atlas of the City is amended as follows:
Property Zoning District
See attached Exhibit A for Legal Description; From: Low Density Residential
(LDR)
(REZ2020-10002) To: Medium Density Residential
(MDR)
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, subject to
the approval of the land use designation set forth in Ordinance 9427-21 by the Pinellas
County Board of County Commissioners.
Ordinance No. 9428-21
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
LEGAL DESCRIPTIONS
LUP2020-10002 & REZ2020-10002
=========================================================================================
No. Parcel ID Lot No., Block No. Address
1. 22-29-16-70272-300-1100 Lot 11 2250 Nursery Rd.
A PARCEL OF LAND LYING IN SECTION 19, TOWNSHIP 29 SOUTH, RANGE 16 EAST,
PINELLAS COUNTY FLORIDA, ALSO BEING A PORTION OF LOT 11, OF PINELLAS
GROVES, INC. AS RECORDED IN PLAT BOOK 1, PAGE 55, OF THE PUBLIC RECORDS
OF PINELLAS COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF THE NORTHWEST ¼ OF THE
SOUTHWEST ¼ OF SAID SECTION 19 AND RUN S.89°09’04”E., ALONG THE
CENTERLINE OF NURSERY ROAD, A DISTANCE OF 606.39 FEET TO A POINT; LEAVING
SAID CENTERLINE, RUN N.00°11’32”E., A DISTANCE OF 33 FEET TO A POINT
INTERSECTING THE NORTHERLY RIGHT-OF-WAY LINE OF SAID NURSERY ROAD FOR
THE POINT OF BEGINNING:
LEAVING SAID RIGHT-OF-WAY LINE, RUN N00°11’32”E., A DISTANCE OF 231.00 FEET
TO A POINT; THENCE RUN S.89°09’04”E, A DISTANCE OF 165.00 FEET TO A POINT;
THENCE RUN S.00°11’32”W., A DISTANCE OF 231.00 FEET TO A POINT INTERSECTING
THE AFOREMENTIONED RIGHT-OF-WAY LINE; THENCE RUN N.89°09’04”W., ALONG
SAID RIGHT-OF-WAY LINE, A DISTANCE OF 165.00 FEET TO THE POINT OF
BEGINNING, CONTAINING 0.875 ACRES MORE OR LESS. SUBJECT TO ANY AND ALL
EASEMENTS OF RECORD.
Exhibit B
Proposed Zoning Map
Owner(s): Larry L. & Gladys N. Hilkert, as trustees under the
trust dated the 30th day of August, 2005 Case: LUP2020-10002
REZ2020-10002
Site: 2250 Nursery Road Property
Size(Acres): 0.875
Land Use Zoning
PIN: 19-29-16-70272-300-1100
From: Residential
Suburban (RS) Low Density
Residential (LDR)
To: Residential Urban
(RU) Medium Density
Residential (MDR) Atlas Page: 317A 1862409045
55030
70272
62124
06219
7
3
1
2
4
6
1
9 10 11
9
10
11
1
33/03
33/08
33/081
33/02
33/15
1
1
C
MDR
HDR
O
LDR
C
LDR
MHDRNURSERY RD S BELCHER RD MAPLE FOREST RD EXECUTIVE PLACE DR COUNTRY OAKS LN 1459
22311486
2229147
4
224122351480
1475
1477
1443
22331463
1492
1449
1451
1469
1505
1456
1499 22301441
22251478
22451545
1470
1467A
1493
1471
1453
1487
1441
14
225022601475A
1467B -Not to Scale--Not a Survey-Rev. 10/9/2020
LUP2020-10002; REZ2020-10002
Larry L. and Gladys N. Hilkert, as trustees under
the trust dated the 30th day of August, 2005
2250 Nursery Road
View looking north at the subject property, 2250 Nursery Road
Across the street, to the south of the subject property
East of the subject property
West of the subject property
View looking easterly along Nursery Road View looking westerly along Nursery Road
PLANNING & DEVELOPMENT DEPARTMENT
COMMUNITY DEVELOPMENT BOARD STAFF REPORT
MEETING DATE: December 15, 2020
AGENDA ITEM: F.4.
CASE: REZ2020-10002
REQUEST: To amend the Zoning Atlas designation from Low Density Residential
(LDR) District to Medium Density Residential (MDR) District
GENERAL DATA:
Owner..............................
Applicant.........................
Agent/Representative......
Larry L. & Gladys Hilkert, as trustees under the trust dated the 30th day
of August, 2005
Larry L. & Gladys Hilkert, as trustees under the trust dated the 30th day
of August, 2005
Housh Ghovaee, Northside Engineering, Inc
Location .......................... 2250 Nursery Road, approximately 645 feet east of Belcher Road
Property Size ................... 0.875 acres
Background:
This case involves a 0.875-acre property located on the north side of Nursery Road approximately 645 feet
east of Belcher Road. The request is to change the Zoning Atlas designation of the property from Low
Density Residential (LDR) to Medium Density Residential (MDR). A request to amend the property’s future
land use designation from Residential Suburban (RS) to Residential Urban (RU) is being processed
concurrently with this case (see LUP2020-10002).
The original house was constructed in Pinellas County in 1961. In 1986, a detached garage was added (the
northern building), which according to county records was later converted in 1998 to a single family
residence. In 1999, the owners requested annexation for the two units into the City in order to receive city
water and sewer service (case A99-10). The applicant has indicated there are four units currently on the
property; however, there is no record of permits establishing the two additional units. Additionally, the
applicant has indicated they would like to redevelop the site with up to six attached dwellings (townhouses)
which would require map amendments. However, no site plan application has been received at this time.
Currently, the property’s zoning district is Low Density Residential (LDR). The requested amendments
would allow the property to become conforming in terms of density and could allow the site to request
redevelopment as attached dwellings in the future through the Residential Infill Project use. The Residential
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Infill Project use would be required due to the subject property being adjacent to low density residential
properties.
Vicinity Characteristics:
Maps 1 and 2 show the general location of the property and an aerial view of the amendment area and its
surroundings. Map 3 shows the existing surrounding uses.
Map 1 Map 2
To the west there is multi-family residential, and to the south across Nursery Road are multi-family
residential and a small retail plaza. North of the subject property are large-lot single family residences, and to
the east is a stormwater pond owned by Pinellas County, all of which are within Pinellas County jurisdiction.
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LONG RANGE PLANNING DIVISION
Map 3
As shown on Map 4, the abutting Zoning Atlas designations are High Density Residential (HDR) to the west,
Residential Estate (R-E, Pinellas County) to the north and General Retail Commercial and Limited Services
District (C-2, Pinellas County) to the east. Medium Density Residential (MDR) and Commercial (C) are
located across Nursery Road to the south.
Community Development Board – December 15, 2020
Revised for January 19, 2021 City Council Meeting
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LONG RANGE PLANNING DIVISION
Map 4
R-E
C-2
Community Development Board – December 15, 2020
Revised for January 19, 2021 City Council Meeting
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LONG RANGE PLANNING DIVISION
REVIEW CRITERIA:
Consistency with the Clearwater Comprehensive Plan and Community Development Code and
Regulations [Sections 4-602.F.1]
Recommended Findings of Fact:
Applicable goals, objectives and policies of the Clearwater Comprehensive Plan which support the proposed
amendment include:
Goal A.2 A sufficient variety and amount of future land use categories shall be provided to accommodate
public demand and promote infill development.
Goal A.4. The City shall work toward a land use pattern that can be supported by the available community
and public facilities that would be required to serve the development.
Policy A.5.5.1 Development shall be designed to maintain and support the existing or envisioned character
of the neighborhood.
Policy A.5.5.4 The transition between intensive redevelopment areas and adjacent low density areas should
be sensitive to the scale of development in those low density areas.
Goal A.6 The City of Clearwater shall utilize innovative and flexible planning and engineering practices, and
urban design standards in order to protect historic resources, ensure neighborhood preservation, redevelop
blighted areas, and encourage infill development.
Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within
the urban service area shall be promoted through the application of the Clearwater Community Development
Code.
Objective C.1.1 Assure an adequate supply of housing in Clearwater by providing for additional new
dwelling units in a variety of types, costs, and locations to meet the needs of the residents of the City of
Clearwater.
Applicable section of the Community Development Code which supports the proposed amendment:
Division 3. Medium Density Residential District, Section 2-301. Intent and Purpose. The intent and purpose
of the Medium Density Residential (“MDR”) is to protect and preserve the integrity and value of existing,
stable residential neighborhoods of medium density while at the same time, allowing a careful and deliberate
redevelopment and revitalization of such neighborhoods in need to revitalization or neighborhoods with
unique amenities which create unique opportunities to increase property values and the overall attractiveness
of the City.
The proposed Medium Density Residential (MDR) District is compatible with the surrounding multi-family
neighborhoods to the west and south, and with the single family neighborhood to the north. The applicant has
indicated that the property could be redeveloped in the future with attached dwellings, though there has been
no site plan submitted at this time. Since the project is located contiguous to parcels zoned low density
residential, attached dwellings are not permitted and such a proposed use would need to be reviewed as a
Residential Infill Project use per Section 2.303.A.2 of the Community Development Code. In addition, the
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proposal does not degrade the level of service for public facilities below the adopted standards (a detailed
public facilities analysis follows in this report).
Recommended Conclusions of Law:
The request does not conflict with the goals, objectives and policies of the Clearwater Comprehensive Plan
and furthers said plan and the Community Development Code as indicated above.
Compatibility with Surrounding Property/Character of the City & Neighborhood [Section 4-602.F.2,
4-602.F.3 and Section 4-602.F.4]
Recommended Findings of Fact:
Existing surrounding uses consist of largely multi-family residential to the west and to the south. Single
family residential exists to the north and farther to the east. Additionally, there is a small retail plaza to the
south. The proposed use of the subject property of residential is compatible with the surrounding properties
and neighborhood.
The proposed Medium Density Residential (MDR) zoning district is consistent with the surrounding zoning
districts that exist in the vicinity of the subject property. The proposed amendment could allow the property
to request redevelopment as attached dwellings in the future as a Residential Infill Project. The criteria for
Residential Infill Projects address that the design of such projects must create a form and function which
enhances the community character of the immediate vicinity of the parcel proposed for development and the
City of Clearwater as a whole. Residential Infill Projects are permitted as Level Two uses, to ensure that
development is compatible with and in character with the surrounding properties and neighborhood.
Recommended Conclusions of Law:
The proposed Medium Density Residential (MDR) zoning district would allow development that is in
character with the zoning districts in the area. Further, the proposal is compatible with surrounding uses and
consistent with the character of the surrounding properties and neighborhood.
Sufficiency of Public Facilities [Section 4-602.F.5]
Recommended Findings of Fact:
To assess the sufficiency of public facilities needed to support potential development on the proposed
amendment area, the maximum development potential of the property under the current and requested City
Future Land Use Map designations were analyzed (see Table 1). Even though this is a Zoning Atlas
amendment application, maximum development potential is based on the underlying future land use, so for
purposes of this analysis sufficiency of public facilities is based on the future land use map designation.
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Table 1. Development Potential for Existing & Proposed FLUM Designations
Present FLUM
Designation
“RS”
Requested FLUM
Designation
“RU”
Net Change
Site Area 0.875 AC
(38,115 SF)
0.875 AC
(38,115 SF)
Maximum
Development
Potential
2 DUs / 0 Beds1
0 SF2
0.30 FAR
6 DUs / 18 Beds3
0 SF2
0.40 FAR
+4 DUs / +18 Beds
0 SF
+0.10 FAR
Notes:
1. Residential equivalent uses are not permitted through the consistent Low Density Residential (LDR) District.
2. FAR is not used to regulate residential uses and there are no non-residential uses permitted through the consistent Low Density
Residential (LDR) District and requested Medium Density Residential (MDR) District; therefore, the square footage development
potential is zero.
3. Residential equivalent uses are permitted through the consistent Medium Density Residential (MDR) District at 3 beds per unit
per acre.
Abbreviations:
FLUM – Future Land Use Map DUs – Dwelling Units
AC – Acres FAR – Floor Area Ratio
SF – Square feet
As shown in the table, there is an increase in development potential of four units. The following analysis
compares the maximum potential development of the proposed Residential Urban (RU) future land use
developed with six attached dwellings to the maximum development potential of the existing Residential
Suburban (RS) future land use category developed with a residential use (two dwelling units). Since the
existing residential development (four dwelling units) exceeds the current density, a second analysis is
provided that compares the existing usage to the maximum potential usage under the proposed future land
use category (six units).
Potable Water
The change in development potential from this amendment would result in an increase in potable water use
of up to 1,152 gallons per day. This increase is determined by taking the potential potable water utilization of
the proposed land use developed with the maximum number of dwelling units allowed (1,728 gallons per
day) and subtracting it from the potential usage of a residential use built out at the maximum number of units
permitted by the current land use designation (576 gallons per day).
When comparing the potable water utilization of the proposed number of dwelling units (6 units; 1,728
gallons per day) to the utilization of the existing residential development (4 units; 1,152 gallons per day) it
shows that the proposed change could result in approximately 576 gallons per day, even less of an increase in
demand for potable water.
The City’s current potable water demand is 10.53 million gallons per day (MGD). The City’s adopted level
of service (LOS) standard for potable water service is 120 gallons per day per capita, while the actual usage
is estimated at 73 gallons per day per capita (2019 Annual Water Report). The City’s 10-year Water Supply
Facilities Work Plan (2016-2026 Planning Period), completed October 2017, indicates that based on the
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updated water demand projections and other factors, the City has adequate water supply and potable water
capacity for the 10-year planning horizon.
Wastewater
The change in development potential from this amendment would result in an increase in wastewater use of
up to 1,036.8 gallons per day. This increase is determined by taking the potential potable water utilization of
the proposed land use developed with the maximum number of dwelling units allowed (1,555.2 gallons per
day) and subtracting it from the potential usage of a residential use built out at the maximum number of units
permitted by the current land use designation (518.4 gallons per day).
When comparing the wastewater utilization of the proposed number of dwelling units (6 units; 1,555.2
gallons per day) to the utilization of the existing residential development (4 units; 1,036.8 gallons per day) it
shows that the proposed change could result in approximately 518.4 gallons per day, even less of an increase
in demand for wastewater.
The subject property is served by the East Water Reclamation Facility, which presently has excess permitted
capacity estimated to be 3.01 million gallons per day. Therefore, there is excess sanitary sewer capacity to
serve the amendment area.
Solid Waste
The change in development potential from this amendment would increase up to 10.1 tons per year of solid
waste generated. This increase is determined by taking the utilization of the proposed land use developed
with the maximum number of dwelling units (15.2 tons per year) and subtracting it from the potential
utilization of a residential use built out at the maximum number of units permitted by the current land use
designation (5.1 tons per year).
When comparing the solid waste generated from the proposed number of dwelling units (15.2 tons per year)
to the solid waste generated by the existing residential use (10.1 tons per year) it shows that the proposed
change could result in approximately 5.1 tons per year, even less of an increase of solid waste generated.
Pinellas County handles all solid waste disposal is handled at the Pinellas County Waste-to-Energy Plant and
the Bridgeway Acres Sanitary Landfill which has significant capacity. Additionally, the City provides a full-
service citywide recycling program which diverts waste from the landfill, helping to extend the lifespan of
Bridgeway Acres. There is excess solid waste capacity to serve the amendment area.
Parkland
Under both the existing and proposed land use, the LOS citywide will continue to exceed the adopted LOS of
4 acres per 1,000 residents. The City is currently providing 7.98 acres of parkland per 1,000 residents. With
the proposed future land use amendment, two additional units could be developed resulting in five additional
residents. This is calculated using the most recent ACS estimate of 2.4 persons per household within the City
of Clearwater. Based on this impact analysis, the current provision of 7.98 acres of parkland per 1,000 would
remain unchanged [Source: Draft Parks and Recreation Facilities Impact Fee Study, prepared by Tindale
Oliver Draft Date March 18, 2020].
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Amending a property’s future land use or zoning designation does not have an immediate impact on the
City’s Parks and Recreation system and parkland requirements. Impacts are felt when development occurs.
This zoning atlas amendment will have no additional impact on parkland. However, Parks and Recreation
Impact Fees required to provide new recreation facilities and services will be assessed at the time of
development and will be based on the maximum increase in residents.
Stormwater
Site plan approval will be required before the property can be redeveloped. At that time, the stormwater
management system for the site will be required to meet all City and SWFWMD stormwater management
criteria.
Streets
The subject property is located on the north side of Nursery Road approximately 645 feet east of Belcher
Road. To evaluate potential impacts on streets, the typical traffic impacts figure (trips per day per acre) in the
Countywide Rules for the corresponding Countywide Plan Map categories (current and proposed) are
compared. Since the Countywide Plan map category of Residential Low Medium (RLM) is not changing, the
traffic generation rate of 67 trips per day per acre or 59 trips for the subject property remains the same for the
proposed amendment.
Recommended Conclusions of Law:
Based upon the findings of fact, the proposed development of residential units would increase the demand on
several public facilities when compared to the existing residential development; however, it is determined
that the proposed change will not result in the degradation of the existing levels of service for potable water,
sanitary sewer, solid waste, parkland, stormwater management and streets.
Location of District Boundaries [Section 4-602.F.6]
Recommended Findings of Fact:
The location of the proposed Medium Density Residential (MDR) District is consistent with the boundaries
of the subject property.
Recommended Conclusions of Law:
The District boundaries are appropriately drawn in regard to location and classifications of streets, ownership
lines, existing improvements and the natural environment.
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LONG RANGE PLANNING DIVISION
SUMMARY AND RECOMMENDATION:
No amendment to the Zoning Atlas shall be recommended for approval or receive a final action of support
unless it complies with the standards contained in Section 4-602.F, Community Development Code. Table 2
below depicts the consistency of the proposed amendment with the standards pursuant to Section 4-602.F:
Table 2. Consistency with Community Development Code Standards for Review
CDC Section 4-602 Standard Consistent Inconsistent
F.1 The proposed amendment is consistent with and features
the goals, policies and objectives of the Comprehensive
Plan and furthers the purposes of this Development Code
and other city ordinances and actions designed to
implement the plan.
X
F.2 The available uses to which the property may be put are
appropriate to the property which is subject to the
proposed amendment and compatible with existing and
planned uses in the area.
X
F.3 The amendment does not conflict with the needs and
character of the neighborhood and the city.
X
F.4 The amendment will not adversely or unreasonably affect
the use of other property in the area.
X
F.5 The amendment will not adversely burden public
facilities, including the traffic-carrying capacities of
streets, in an unreasonably or disproportionate manner.
X
F.6 The district boundaries are appropriately drawn with due
regard to locations and classifications of streets,
ownership lines, existing improvements and the natural
environment.
X
Based on the foregoing, the Planning and Development Department recommends the following action:
Recommend APPROVAL of the Zoning Atlas amendment from the Low Density Residential (LDR) District
to the Medium Density Residential (MDR) District.
Prepared by Planning and Development Department Staff:
Kyle Brotherton
Senior Planner
ATTACHMENTS: Ordinance No. 9428-21
Resume
Photographs of Site and Vicinity
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#21-8709
Agenda Date: 1/19/2021 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Information Technology
Agenda Number: 9.1
SUBJECT/RECOMMENDATION:
Authorize an increase to Contract 901066 to Florida Department of Management Services
Contract DMS-08/09-071, for SUNCOM long distance service, State AIN Centranet lines, and
toll-free lines, in an amount of $30,000 for a new not to exceed amount of $164,220 for the
period October 1, 2020 through September 30, 2021, pursuant to Clearwater Code of
Ordinances Section 2.564 (1)(d) Other Government Entities and authorize the appropriate
officials to execute same. (consent)
SUMMARY:
The Department of Management Services renegotiated CentraNet Line services with Frontier
and the increased rates were applied in December (after our original approval in September).
This is the first time in nearly a decade that the rates for these services have changed. The
new rates are still cheaper than purchasing individual line services through local
telecommunication companies.
The DMS SUNCOM services are telecommunications infrastructure and services used for all
city alarm systems (~180 lines) and every location that is not connected to the City’s main PBX
(Private Branch Exchange) system (~250). There are 430 individual phone lines used by the
City at a rate of approximately $20/line/month, which is an approximate 50% discount from
commercial service provider by our local carrier options. Many of these service lines are
enhanced with long-distance service, local exchange connections, “800” services and
conference calling capability.
Department of Management Services Total - $164,220
- Long Distance $658 per month x 12 = $7,896
- Local $124 per month x 12 = $1,488
- Centranet lines $12,900 per month x 12 = $154,800
- 800 # $3.00 per month x 12 = $36.00
APPROPRIATION CODE AND AMOUNT:
Funds are available in cost code 5559865-541200, Telephone Charges.
USE OF RESERVE FUNDS: N/A
Page 1 City of Clearwater Printed on 1/18/2021
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#20-8630
Agenda Date: 1/19/2021 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Official Records & Legislative Services
Agenda Number: 10.1
SUBJECT/RECOMMENDATION:
Appoint Lindsay Dicus-Harrison to the Neighborhood and Affordable Housing Advisory Board to
fill the remainder of an unexpired term through June 30, 2022. (consent)
SUMMARY:
APPOINTMENT WORKSHEET
BOARD: Neighborhood and Affordable Housing Advisory Board (NAHAB)
TERM: 4 years
APPOINTED BY: City Council
FINANCIAL DISCLOSURE: Not Required
RESIDENCY REQUIREMENT: N/A (See Special Qualifications)
MEMBERS: 7
CHAIRPERSON: Peter Scalia
MEETING DATE: 2nd Tues. most months
PLACE: Main Library
STAFF LIAISON: Chuck Lane
APPTS. NEEDED: 1
SPECIAL QUALIFICATIONS: Board to have 1 member in each: Real Estate Professional in
Connection with Affordable Housing; Clearwater Resident; Residential Home Building Industry;
Advocate for Low Income Housing; Not-For-Profit Provider of Affordable Housing;
Banking/Mortgage Industry; Employer’s Representative.
THE FOLLOWING ADVISORY BOARD MEMBER WILL BE RESIGNING AND NOW
REQUIRES REPLACEMENT BY A NEW APPOINTEE:
1. Peggy Cutkomp - 1955 McKinley St., 33765 - Real Estate Agent
Original appointment: 6/18/98
(currently serving 5th term until 6/30/22)
(Citizen who is actively engaged as a real estate professional in connection with
affordable housing)
THE NAME BELOW IS BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE
Page 1 City of Clearwater Printed on 1/18/2021
File Number: ID#20-8630
VACANCY:
1. Lindsay Dicus-Harrison - 12400 Chickasaw Trail, Largo, FL 33774 - Real Estate Broker
(Citizen who is actively engaged as a real estate professional in connection with
affordable housing)
Zip codes of current members:
1 - 33703
1 - 33711
1 - 33755
2 - 33756
1 - 33765
1 - 34222
Current Special Qualifications:
1 Citizen actively engaged as an advocate for low-income persons in connection/affordable
housing
1 Citizen actively engaged in the banking/mortgage Industry in connection/affordable housing
1 Citizen actively engaged as a not-for-profit provider of affordable housing
1 Citizen actively engaged as a real estate professional in connection/affordable housing
1 Citizen actively engaged in the residential home building industry in connection/affordable
housing
1 Citizen who resides within the City of Clearwater
1 Citizen who represents employers within the City of Clearwater
Page 2 City of Clearwater Printed on 1/18/2021
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#20-8654
Agenda Date: 1/19/2021 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Official Records & Legislative Services
Agenda Number: 10.2
SUBJECT/RECOMMENDATION:
Appoint one member to the Parks and Recreation Board with term to expire January 31, 2025.
SUMMARY:
APPOINTMENT WORKSHEET
BOARD: Parks and Recreation Board
TERM: 4 years
APPOINTED BY: City Council
FINANCIAL DISCLOSURE: Not Required
RESIDENCY REQUIREMENT: City of Clearwater
SPECIAL QUALIFICATIONS: None
MEMBERS: 7
Chairperson: Mark Rodriguez
MEETING DATES: Quarterly (4th Tues.) - Jan., April, July, Oct.
PLACE: Main Library - 6:30 p.m.
APPTS. NEEDED: 1
THE FOLLOWING ADVISORY BOARD MEMBER HAS A TERM THAT WILL BE EXPIRING
AND NOW REQUIRES REPLACEMENT BY NEW APPOINTEE:
1. Jennifer Christou-Wood - 940 Lantana Ave., 33767 - Interior Design
Original Appointment: 08/16/17
(0 Absences in the past year)
(currently filling an unexpired term until 01/31/21)
Interest in reappointment: No - (does not wish to serve another term per email confirmation)
THE NAMES BELOW ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE
ABOVE VACANCY:
1. Martin Armstrong - 3420 Deerfield Ln., 33761 - Environmental Consultant
2. John Devoti - 151 Marina Del Rey Ct., 33767 - Retired/Company Owner
3. Robert Farrer - 3359 Wind Chime Dr., 33761 - Financial Advisor
Page 1 City of Clearwater Printed on 1/18/2021
File Number: ID#20-8654
Zip codes of current members on board:
1 at 33755
1 at 33756
1 at 33761
2 at 33765
2 at 33767
Page 2 City of Clearwater Printed on 1/18/2021
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#21-8706
Agenda Date: 1/19/2021 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Official Records & Legislative Services
Agenda Number: 10.3
SUBJECT/RECOMMENDATION:
Approve the 2021 State Legislative Agenda.
SUMMARY:
Each year, the City submits a list of legislative priorities for consideration by the state
legislature during their annual 60-day session in Tallahassee. The City’s legislative liaison
works closely with city staff and the City’s lobbying team in Tallahassee to draft a package that
is beneficial to Clearwater, and to lobby that package locally and in Tallahassee. Preparation of
the package involves determining areas of need, researching funding availability, identifying
needed legislation, monitoring and evaluating current legislative issues.
Page 1 City of Clearwater Printed on 1/18/2021
2021 State Legislative Priorities
The City of Clearwater will seek funding through grants and other sources to assist in implementing
projects and providing services to meet the needs of our citizens and improve their quality of life.
Imagine Clearwater
$10 million
Transform the City’s waterfront Downtown park into additional greenspace featuring
playgrounds, gardens, an entertainment venue, and a bluff walk. Imagine Clearwater will
improve the connection between the waterfront and Downtown, while increasing vibrancy and
economic activity.
North Ward Elementary
$3 million
Rehabilitate and preserve the historic North Ward School for adaptive reuse. This project will
preserve the historic building, help to revitalize the surrounding low to moderate-income
neighborhood, and provide a transition into the Seminole Boat Ramp area.
Issues to Support
We support legislation and programs that benefit municipalities and assist in implementing services to
meet the needs of our citizens and improve their quality of life including:
Provide full funding of the Florida State and Local Housing Trust Funds and ensure those funds
be used exclusively for affordable housing.
Repeal the state preemption of vacation rental property laws to allow local governments to
regulate such properties to protect the health and welfare of their residents, visitors and
businesses.
Preserve the statewide program that assists local governments with maintaining Spring Training
facilities.
Establish a framework for a state water infrastructure and water quality funding program that
includes sustainable utility practices and intragovernmental coordination.
Allow municipalities to establish smoke-free zones within the boundaries of a city park.
Develop funding opportunities to coordinate state resiliency programs with those of local
governments.
Increase funding for mental health services.
Repeal the state preemption on tree removals for residential properties to allow local
governments to regulate tree preservation, removals and replacements to protect the
environment and the health and welfare of their residents, visitors and businesses.
Authorize the Fish and Wildlife Commission to establish a derelict vessel prevention program
and allow law enforcement to relocate vessels at risk of becoming a public nuisance.
Designate all waters of the State to be No Discharge Zones and penalize individuals who
discharge sewage, treated or untreated, from any vessel.
Provide an additional exemption that would restrict the licensed carry of concealed weapons or
firearms for ticketed concert events on public property.
Provide intergovernmental coordination that supports sustainability and resiliency efforts at the
county and municipal levels.
Expand Medicaid eligibility requirements to include household incomes up to 138 percent of the
federal poverty level.
Issues to Oppose
We oppose legislation that is detrimental to Clearwater and other municipalities including:
Erosion of local self-government (Home Rule), a constitutional right Floridians supported in a
statewide vote 53 years ago.
Increased regulation of, or restrictions on, municipal operations and budgeting.
Preemption of local government’s ability to regulate Airbnb rentals, or similar marketplaces,
that allow individuals to rent out unused spaces in their homes for lodging.
Weakening existing laws related to offshore oil drilling in the Gulf of Mexico.
Restriction or elimination of Community Redevelopment Agencies.
Imposed consolidation of municipal and county services.
In addition, the City will support the Florida League of Cities in pursuing its legislative priorities.
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#21-8777
Agenda Date: 1/19/2021 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Official Records & Legislative Services
Agenda Number: 10.4
SUBJECT/RECOMMENDATION:
Recommend Rev. Alethea Winston as the Clearwater at-large representative on the Pinellas
Opportunity Council. (consent)
SUMMARY:
After serving several terms on the Pinellas Opportunity Council (POC), Jeanette Crabbe no
longer wishes to serve on the Council.
The City must identify an individual who will serve as the Clearwater representative. The
appointment will be confirmed prior to the POC’s January 26 meeting.
Page 1 City of Clearwater Printed on 1/18/2021
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
(must be Clearwater resident)
Please type or print clearly
Name: Rev. Alethea Winston
Home Address: Office Address:
P. O Box 2024 1436 S. Madison Ave
Clearwater, Fl Zip33757 Clearwater Florida Zip 33756
Telephone 813-451-2056 Telephone:727-442-2336
Cell Phone:813-451-2056 E-mail Address:aletheacal61@gmail.com
How long a resident of Clearwater? 15 years
Occupation:PASTOR Employer:St. James AME Church
Field of Education: Other Work Experience:
B.S. Human Services
M.Div-Biblical Studies/Pastoral Care
If retired, former occupation: Currently Work /Benefit Specialist for Non-Profit
Community Activities:Leader of the FAST Organization
Urban League, NAACP, SEPIA, OFA
Other Interests:Social Justice for all
Board Service (current and past): Board Preference:
none Affordable Housing Advisory Board
Additional Comments:Very Interested in making a difference in the Community
Signature:Alethea Winston Date:1/15/2021
See attached list for boards that require financial disclosure at time of appointment. Please return this
application and board questionnaire to the Official Records & Legislative Services Department, P.O. Box 4748,
Clearwater, FL 33758-4748, or drop off your application at 600 Cleveland St., Suite 600, Clearwater, FL
33755.
Note: For boards requiring Clearwater residency, this application must be accompanied by a copy of
one of the following:
● Current voter registration within city limits
● Valid current Florida Drivers’ License issued to an address within city limits
● Declaration of Domicile filed with the city clerk affirming residency within city limits
BOARD QUESTIONNAIRE
1. What is your understanding of the board’s duties and responsibilities? ___I Know the
responsibility of local officials is to make sure citizens of the county and state have an affordable
place to live. We cannot sit behind desk and watch people suffer because they do not make enough
to afford their
rent._____________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
__________________________________
2. Have you ever observed a board meeting either in person or on C-View, the City’s TV station?
Yes, working with the FAST Organization has provided me an opportunity to sit in on a few of the
meetings via Zoom.
________________________________________________________________________________
__________________________________________________________
3. What background and/or qualifications do you have that you feel would qualify you to serve on
this Board?
____I have been part of Social Justice all of my life fighting for change. I am all for the underdog
speaking for the voiceless. Affordable Housing is a big issue in the low income neighborhoods. I want
to help change this issue and make it affordable for the citizens not the landlords who benefit from a
renters
market.__________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
___________________________
4. Why do you want to serve on this Board?
___I want to serve to make a difference. My motto is “If you are not working on the solution then you
are part of the problem” I simply want to make a difference in the
community._______________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
_____________________________________________
Name:__Alethea_Winston___________________________
Board Name:_Affordable Housing________________________
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#20-8610
Agenda Date: 1/19/2021 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Legal Department
Agenda Number: 11.1
SUBJECT/RECOMMENDATION:
Confirm COVID-19 Emergency Proclamation and adopt Resolution 21-01.
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 1/18/2021
Resolution No. 21-01
RESOLUTION NO. 21-01
CONFIRMATION OF COVID-19 EMERGENCY PROCLAMATION – Jan. 21, 2021
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, CONFIRMING DECLARATIONS OF A STATE OF
EMERGENCY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, a state of emergency in the City of Clearwater was proclaimed by Mayor
George N. Cretekos, upon recommendation by the Emergency Management Director (City
Manager William B. Horne), after certification of emergency conditions by the Emergency
Management Coordinator (Fire Division Chief of Emergency Management Jevon Graham),
on March 18, 2020 due to the unmitigated spread of coronavirus disease (COVID-19); and
WHEREAS, the March 18, 2020 state of emergency was confirmed by City Council
in Resolution 20-11 later that day, extended 7 days by Mayor George N. Cretekos on March
25, extended 7 days by Mayor Frank Hibbard on April 1, confirmed by City Council in
Resolution 20-14 on April 2, extended 7 days by Mayor Frank Hibbard on April 8 and 15,
confirmed by City Council in Resolution 20-16 on April 16, extended 7 days by Mayor Frank
Hibbard on April 22, 29, and May 6, confirmed by City Council in Resolution 20-19 on May
7, extended 7 days by Mayor Frank Hibbard on May 13 and 20, confirmed by City Council
in Resolution 20-22 on May 21, extended 7 days by Mayor Frank Hibbard on May 27 and
June 3, confirmed by City Council in Resolution 20-28 on June 4, extended 7 days by Mayor
Frank Hibbard on June 10 and 17, confirmed by City Council in Resolution 20-30 on June
18, extended 7 days by Mayor Frank Hibbard on June 24, July 1, 8, and 15, confirmed by
City Council in Resolution 20-32 on July 16, extended 7 days by Mayor Frank Hibbard on
July 22, 29, and August 5, confirmed by City Council in Resolution 20-36 on August 6, and
extended 7 days by Mayor Frank Hibbard on August 12 and 19, confirmed by City Council
in Resolution 20-44 on August 20, extended 7 days by Mayor Frank Hibbard on August 26
and September 2, confirmed by City Council in Resolution 20-47 on September 3, extended
7 days by Mayor Frank Hibbard on September 9 and 16, confirmed by City Council in
Resolution 20-51 on September 17, extended 7 days by Mayor Frank Hibbard on
September 23 and 30, confirmed by City Council in Resolution 20-53 on October 14,
extended 7 days by Mayor Frank Hibbard on October 21, 28, and November 4, confirmed
by City Council in Resolution 20-56 on November 5, extended 7 days by Mayor Frank
Hibbard on November 11 and 18, confirmed by City Council in Resolution 20-60 on
November 19, extended 7 days by Mayor Frank Hibbard on November 25 and December
2, confirmed by City Council in Resolution 20-62 on December 3, extended 7 days by
Mayor Frank Hibbard on December 9 and 16, confirmed by City Council in Resolution 20-
63 on December 17, and extended 7 days by Mayor Frank Hibbard on December 23, 30,
January 6, 13, and 20, 2021; and
WHEREAS, COVID-19 is a severe acute respiratory illness that can spread among
humans through respiratory transmission and presents with symptoms similar to those of
influenza, with no available vaccine or cure; and
Resolution No. 21-01
WHEREAS, on January 31, 2020 the United States Department of Health and
Human Services declared that a public health emergency exists nationwide as a result of
confirmed cases of COVID-19 in the United States; and
WHEREAS, on March 1, 2020 Governor Ron DeSantis issued Executive Order 20-
51, declaring that appropriate measures to control the spread of COVID-19 in the State of
Florida are necessary, and therefore directed that a Public Health Emergency be declared
in the State of Florida; and
WHEREAS, on March 9, 2020 Governor Ron DeSantis issued Executive Order 20-
52 declaring a State of Emergency for COVID-19; and
WHEREAS, the World Health Organization declared COVID-19 a pandemic on
March 11, 2020, which is defined as “worldwide spread of a new disease,” and is the first
declared pandemic since the H1N1 "swine flu" in 2009; and
WHEREAS, on March 13, 2020 President Donald J. Trump declared a national state
of emergency; and
WHEREAS, on March 16, 2020 President Trump and CDC issued the “15 Days to
Slow the Spread” guidance advising individuals to adopt far-reaching social distancing
measures. such as working from home and avoiding gatherings of more than 10 people;
and
WHEREAS, on March 17, 2020 Governor Ron DeSantis issued Executive Order 20-
68 closing bars, pubs and nightclubs for 30 days, recommending that public beachgoers
follow CDC guidelines limiting group sizes and social distancing, and ordering that
restaurants limit occupancy to 50% of current building capacities and begin employee
screening; and
WHEREAS, on March 18, 2020 the City of Clearwater passed Resolution 20-11,
cancelling most City meetings and groups, prohibiting all in-person gatherings of 10 people
or more, closed all beaches, closed all libraries, closed all recreation centers, required
businesses open to the public to provide hand sanitizer, gave the Emergency Management
Director authority to close parking as necessary, prohibited price gouging, and enabled
emergency procurement procedures; and
WHEREAS, on March 19, 2020 Pinellas County passed Resolution 20-17, closing
all public beaches within the county; and
WHEREAS, on March 20, 2020 Governor Ron DeSantis issued Executive Order 20-
71, suspending all sales of food and alcohol in the State by establishments for on-site
consumption and allowing for take-out or delivery service, and closing all gyms and fitness
centers; and
Resolution No. 21-01
WHEREAS, on March 20, 2020 Governor Ron DeSantis issued Executive Order 20-
72, prohibiting elective and unnecessary medical procedures; and
WHEREAS, on March 24, 2020 Governor Ron DeSantis issued Executive Order 20-
83, recommending an advisory to all persons over 65 and those with underlying serious
medical conditions to stay home and limit risk of exposure; and
WHEREAS, on March 25, 2020 Pinellas County passed Resolution 20-20, “COVID-
19 Safer at Home Order,” directing individuals to limit non-essential activity and/or
transportation, closing places of public assembly, and ordering the closure of non-essential
businesses if they can not comply with current CDC social distancing guidelines; and
WHEREAS, on March 27, 2020 Governor Ron DeSantis issued Executive Order 20-
86, retroactively ordering any person entering the State of Florida from “an area with
substantial community spread” to self-quarantine for 14 days and inform anyone they have
had direct physical contact with of their status; and
WHEREAS, on April 1, 2020 Governor Ron DeSantis issued Executive Orders 20-
91 and 20-92, ordering all persons in Florida to limit their movements and personal
interactions outside of their homes to only those necessary to obtain or provide essential
services or conduct essential activities; and
WHEREAS, on April 16, 2020 the City Council extended for 30 days and modified
those emergency measures enacted by Resolution 20-11; and
WHEREAS, on April 28, 2020 Pinellas County passed Resolution 20-34, “Order
Relaxing Beach Restrictions With Conditions,” allowing public beaches to reopen
consistent with CDC social distancing guidelines effective May 4, 2020; and
WHEREAS, on April 29, 2020 Governor Ron DeSantis issued Executive Order 20-
112, ordering all persons in Florida to continue to limit their movements and personal
interactions outside of their homes, and allowing restaurants to resume on-premises
service with restrictions; and
WHEREAS, on May 1, 2020 Pinellas County passed Resolution 20-39 “Order
Clarifying Local Restrictions,” which gives support to Governor DeSantis’ EO 20-112,
terminates Pinellas County Res. 20-20 and 20-23, but continues to restrict public
playgrounds and pools, and requires social distancing; and
WHEREAS, on May 1, 2020 City of Clearwater Emergency Management Director
William B. Horne announced that Clearwater beaches would reopen May 4 in conjunction
with Pinellas County’s Res. 20-34; and
WHEREAS, on May 14, 2020 Governor Ron DeSantis issued Executive Order 20-
123, initiating the full Phase 1 of his “Safe. Smart. Step-by-Step. Plan for Florida’s
Resolution No. 21-01
Recovery” relaxing social distancing requirements and allowed limited reopening of
businesses, including gyms and fitness centers; and
WHEREAS, on May 21, 2020 the City Council adopted Resolution 20-22 terminating
the emergency measures portions of Resolutions 20-11, 20-16, and 20-19, and granting
the Emergency Management Director authority and flexibility to manage City facilities in
response to Covid-19; and
WHEREAS, on June 3, 2020 Governor Ron DeSantis issued Executive Order 20-
139, initiating Phase 2 of his “Safe. Smart. Step-by-Step. Plan for Florida’s Recovery” which
further relaxes social distancing guidelines, including avoiding congregating in groups
larger than 50 persons, allows for restaurants, bars, and entertainment businesses to
operate at 50% indoor capacity; and
WHEREAS, on June 23, 2020 Pinellas County passed Ordinance 20-14 mandating,
with some exceptions, that individuals wear a face covering in public indoor places, and
encouraged exempt government entities to enact their own similar procedures to protect
employees and members of the public; and
WHEREAS, on June 25, 2020 City of Clearwater Emergency Management Director
William B. Horne ordered that all persons, with some exceptions, wear a face covering in
public indoor places within City of Clearwater buildings, facilities, and properties in
conjunction with Pinellas County’s Ord. 20-14; and
WHEREAS, on June 26, 2020 the Florida Department of Business and Professional
Regulation issued Executive Order 2020-09 suspending on-premises consumption of
alcoholic beverages by vendors who derive more than 50% of gross revenue from sales of
alcoholic beverages; and
WHEREAS, on July 16, 2020 the City Council adopted Resolution 20-32 confirming
extensions of the state of emergency and confirming the Emergency Management
Director’s face covering order; and
WHEREAS, on July 29, 2020 Governor Ron DeSantis issued Executive Order 20-
179 extending prior executive orders allowing local governments to hold virtual meetings
without a physical quorum, and Executive Order 20-180 extending prior executive orders
suspending mortgage foreclosure and eviction final actions; and
WHEREAS, on August 7, 2020 Governor Ron DeSantis issued Executive Order 20-
193 extending prior executive orders allowing local governments to hold virtual meetings
without a physical quorum until October 1, 2020; and
WHEREAS, on August 31, 2020 Governor Ron DeSantis issued Executive Order
20-211 extending a prior executive order suspending final executions of mortgage
foreclosure and eviction actions until October 1, 2020; and
Resolution No. 21-01
WHEREAS, on September 4, 2020 Governor Ron DeSantis issued Executive Order
20-213 extending the statewide state of emergency an additional 60 days; and
WHEREAS, on September 10, 2020 the Florida Department of Business and
Professional Regulation issued Emergency Order 2020-10 rescinding Emergency Order
2020-09, effective 12:01 a.m. Monday September 14, allowing bars to reopen at 50%
capacity pursuant to the Governor’s Executive Order 20-39; and
WHEREAS, on September 25, 2020 Governor Ron DeSantis issued Executive
Order 20-244, titled “Phase 3; Right to Work; Business Certainty; Suspension of Fines.”
The order rescinds prior restrictions on business, prohibits emergency ordinances
preventing individuals from working or from operating a business, and suspends the
collections of fines and penalties associated with COVID-19 against individuals; and
WHEREAS, on September 30, 2020 Governor Ron DeSantis issued Executive
Order 20-246 extending prior executive orders allowing local governments to hold virtual
meetings without a physical quorum; and
WHEREAS, on November 3, 2020 Governor Ron DeSantis issued Executive Order
20-276 extending the statewide state of emergency an additional 60 days; and
WHEREAS, on November 24, 2020 Governor Ron DeSantis issued Executive
Order 20-297 extending Executive Order 20-244 (Phase 3; Right to Work; Business
Certainty; Suspension of Fines) for the duration of the state of emergency due to COVID-
19, set to expire January 2, 2021 unless ratified and reaffirmed before then; and
WHEREAS, as of January 21, 2021 1,136,024 Florida residents (1,155,335 total
cases in Florida including non-residents), including 67,060 in Hillsborough County
(including 1,011 deaths), 19,389 in Manatee County (including 400 deaths), 18,385 in
Pasco County (including 329 deaths), and 38,783 in Pinellas County (including 966 deaths)
have tested positive for COVID-19; and
WHEREAS, the City of Clearwater continues to be threatened by COVID-19
because of the apparent ability of the virus to spread rapidly among humans, and COVID-
19 thereby constitutes a clear and present threat to the health, safety, and welfare of the
citizens and visitors of the City of Clearwater, and
WHEREAS, Section 252.38, Florida Statutes authorizes the establishment and
amendment of emergency measures during a state of emergency; and
WHEREAS, Chapter 15, Code of Ordinances requires City Council to confirm any
declaration of a state of emergency and all emergency regulations activated under the
provisions of this chapter at their next regularly scheduled meeting; now, therefore,
Resolution No. 21-01
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA;
Section 1. The December 23, 2020 state of emergency proclamation is hereby
confirmed.
Section 2. The December 30, 2020 state of emergency proclamation is hereby
confirmed.
Section 3. The January 6, 2021 state of emergency proclamation is hereby
confirmed.
Section 4. The January 13, 2021 state of emergency proclamation is hereby
confirmed.
Section 5. The January 20, 2021 state of emergency proclamation is hereby
confirmed.
Section 6. This resolution shall take effect immediately. The state of
emergency must be renewed in seven-day increments pursuant to § 15.07(5), Code of
Ordinances.
PASSED AND ADOPTED this 21st day of January, 2021.
Attest:
___________________________ _______________________________
Rosemarie Call Frank Hibbard
City Clerk Mayor
Approved as to form:
___________________________
Pamela K. Akin
City Attorney
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: 9416-21 2nd rdg
Agenda Date: 1/19/2021 Status: Agenda ReadyVersion: 1
File Type: OrdinanceIn Control: Legal Department
Agenda Number: 11.2
SUBJECT/RECOMMENDATION:
Adopt Ordinance 9416-21 on second reading, annexing certain real property whose post office
address is 1266 Sedeeva Circle North, Clearwater, Florida 33755, into the corporate limits of
the city and redefining the boundary lines of the city to include said addition.
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 1/18/2021
Ordinance No. 9416-21
ORDINANCE NO. 9416-21
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, ANNEXING CERTAIN REAL PROPERTY
LOCATED ON THE NORTH SIDE OF SEDEEVA CIRCLE
NORTH, APPROXIMATELY 380 FEET WEST OF NORTH
BETTY LANE, WHOSE POST OFFICE ADDRESS IS 1266
SEDEEVA CIRCLE NORTH, CLEARWATER, FLORIDA
33755 INTO THE CORPORATE LIMITS OF THE CITY, AND
REDEFINING THE BOUNDARY LINES OF THE CITY TO
INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the owners of the real property described herein and depicted on the
map attached hereto as Exhibit A have petitioned the City of Clearwater to annex the
property into the City pursuant to Section 171.044, Florida Statutes, and the City has
complied with all applicable requirements of Florida law in connection with this ordinance;
now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of
Clearwater and the boundary lines of the City are redefined accordingly:
Lot 8, FLORADEL SUBDIVISION, according to the map or plat thereof as recorded in Plat
Book 15, Page 7, Public Records of Pinellas County, Florida.
(ANX2020-10010)
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. 9416-21
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
28098
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1 N BETTY LN SEDEEVA CIR N
WOODLAWN TER
BERTLAND WAY CHENANGO AVE SEDEEVA CIR S1247 12801974
12261949 1276128319541252 127812711287123212732021
1952 1300129012761260125612672017
19471245 129519631264123412461237 12721230123512341978
19581249 1987
2022
19621231 126612791262126712612027
1274125612651979
2020
2021
127412441275127012511960 1296123312601253124412882022
128412361961
123912401261
1952125812771291 19811271
12331241127312871964
2015
12681233½1244½12351950
2028
12851251
1249
128112551245
1995
1295199612861232
1969 128312251997
1237126612772025
2026
12731999
1971
1257
2024
1289-Not to Scale--Not a Survey-Rev. 10/9/2020
Proposed Annexation Map
Owner(s): William Patrick Powers &
Donna R. Powers Case: ANX2020-10010
Site: 1266 Sedeeva Circle N.
Property
Size(Acres):
ROW (Acres):
0.16
Land Use Zoning PIN: 03-29-15-28098-000-0080
From : Residential Urban
(RU) R-4 Multifamily Residential
Atlas Page: 251B To: Residential Urban
(RU) Low Medium Density
Residential (LMDR)
UNION ST N BETTY LN DOUGLAS AVE IDLEWILD DR
SUNSET POINT RD
WOODLAWN TER
PALM ST
STATE ST BROADWAY BERMUDA ST POINSETTA AVE SEDEEVA CIR N THE MALL ARBELIA ST CHENANGO AVE IVA ST OVERBROOK AVE SEDEEVA ST
ALOHA LN COLES RD N EVERGREEN AVE SEDEEVA CIR S
MACOMBER AVE SPRINGTIME AVE GRANADA ST
PORT WAY OAKDALE WAY STARBOARD WAY PINECREST WAY ^
PROJECT
SITE -Not to Scale--Not a Survey-Rev. 10/9/2020
Location Map
Owner(s): William Patrick Powers &
Donna R. Powers Case: ANX2020-10010
Site: 1266 Sedeeva Circle N.
Property
Size(Acres):
ROW (Acres):
0.16
Land Use Zoning PIN: 03-29-15-28098-000-0080
From : Residential Urban
(RU) R-4 Multifamily Residential
Atlas Page: 251B To: Residential Urban
(RU) Low Medium Density
Residential (LMDR)
N BETTY LN N BETTY LN SEDEEVA CIR NSEDEEVA CIR N
WOODLAWN TER WOODLAWN TER
BERTLAND WAY BERTLAND WAY CHENANGO AVE CHENANGO AVE SEDEEVA CIR SSEDEEVA CIR S-Not to Scale--Not a Survey-Rev. 10/9/2020
Aerial Photograph
Owner(s): William Patrick Powers &
Donna R. Powers Case: ANX2020-10010
Site: 1266 Sedeeva Circle N.
Property
Size(Acres):
ROW (Acres):
0.16
Land Use Zoning PIN: 03-29-15-28098-000-0080
From : Residential Urban
(RU) R-4 Multifamily Residential
Atlas Page: 251B To: Residential Urban
(RU) Low Medium Density
Residential (LMDR)
28098
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1 N BETTY LN SEDEEVA CIR N
WOODLAWN TER
BERTLAND WAY CHENANGO AVE SEDEEVA CIR S1247 12801974
12261949 1276128319541252 127812711287123212732021
1952 1300129012761260125612672017
19471245 129519631264123412461237 12721230123512341978
19581249 1987
2022
19621231 126612791262126712612027
1274125612651979
2020
2021
127412441275127012511960 1296123312601253124412882022
128412361961
123912401261
1952125812771291 19811271
12331241127312871964
2015
12681233½1244½12351950
2028
12851251
1249
128112551245
1995
1295199612861232
1969 128312251997
1237126612772025
2026
12731999
1971
1257
2024
1289-Not to Scale--Not a Survey-Rev. 10/9/2020
Existing Surrounding Uses Map
Owner(s): William Patrick Powers &
Donna R. Powers Case: ANX2020-10010
Site: 1266 Sedeeva Circle N.
Property
Size(Acres):
ROW (Acres):
0.16
Land Use Zoning PIN: 03-29-15-28098-000-0080
From : Residential Urban
(RU) R-4 Multifamily Residential
Atlas Page: 251B To: Residential Urban
(RU) Low Medium Density
Residential (LMDR)
Single Family Residential
Single Family Residential
ANX2020-10010
William P. Powers & Donna R. Powers
1266 Sedeeva Circle North
View looking north at subject property, 1266 Sedeeva Circle N.
West of subject property
East of subject property
South of subject property, across Sedeeva Circle N.
View looking easterly along Sedeeva Circle N. View looking westerly along Sedeeva Circle N.
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: 9417-21 2nd rdg
Agenda Date: 1/19/2021 Status: Agenda ReadyVersion: 1
File Type: OrdinanceIn Control: Legal Department
Agenda Number: 11.3
SUBJECT/RECOMMENDATION:
Adopt Ordinance 9417-21 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 1266 Sedeeva Circle North, Clearwater, Florida 33755, 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 1/18/2021
Ordinance No. 9417-21
ORDINANCE NO. 9417-21
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
SEDEEVA CIRCLE NORTH, APPROXIMATELY 380 FEET
WEST OF NORTH BETTY LANE, WHOSE POST OFFICE
ADDRESS IS 1266 SEDEEVA CIRCLE NORTH,
CLEARWATER, FLORIDA 33755, UPON ANNEXATION
INTO THE CITY OF CLEARWATER, AS RESIDENTIAL
URBAN (RU); PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the Future Land Use Element of the
Comprehensive Plan of the City as set forth in this ordinance is found to be reasonable,
proper and appropriate, and is consistent with the City's Comprehensive Plan; now,
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. The Future Land Use Element of the Comprehensive Plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property, upon annexation into the City of Clearwater, as follows:
Property Land Use
Category
Lot 8, FLORADEL SUBDIVISION, according
to the map or plat thereof as recorded in Plat
Book 15, Page 7, Public Records of Pinellas
County, Florida
Residential Urban
(RU)
(ANX2020-10010)
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. 9416-21.
Ordinance No. 9417-21
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
28098
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RU
RU
RU
RU
RU
RU
RU
RU
R/OS
RU
RU
N BETTY LN SEDEEVA CIR N
WOODLAWN TER
BERTLAND WAY CHENANGO AVE SEDEEVA CIR S123519501280197412261949
2028
1276128319541252
12851251
1249 127812711287123212732021
1952 13001290128112761260125612671245129519631264
12451234
129512371286127212301235123212341978
19581249 1987
2022
19621231 1266127912621997126712612027
1274125612651979
2020
2021
12771274124412731275127012511960 1296123312601253124412882022
128412361961
1999
12
3912401261
1952125812771291 19811271
1233124112731257 12871964
2015
2024
1268128912
3
3
½1244½1247 12552017
1947
199512461996
1969 12831225123712662025
2026
1971-Not to Scale--Not a Survey-Rev. 10/9/2020
Proposed Future Land Use Map
Owner(s): William Patrick Powers &
Donna R. Powers Case: ANX2020-10010
Site: 1266 Sedeeva Circle N.
Property
Size(Acres):
ROW (Acres):
0.16
Land Use Zoning PIN: 03-29-15-28098-000-0080
From : Residential Urban
(RU) R-4 Multifamily Residential
Atlas Page: 251B To: Residential Urban
(RU) Low Medium Density
Residential (LMDR)
UNION ST N BETTY LN DOUGLAS AVE IDLEWILD DR
SUNSET POINT RD
WOODLAWN TER
PALM ST
STATE ST BROADWAY BERMUDA ST POINSETTA AVE SEDEEVA CIR N THE MALL ARBELIA ST CHENANGO AVE IVA ST OVERBROOK AVE SEDEEVA ST
ALOHA LN COLES RD N EVERGREEN AVE SEDEEVA CIR S
MACOMBER AVE SPRINGTIME AVE GRANADA ST
PORT WAY OAKDALE WAY STARBOARD WAY PINECREST WAY ^
PROJECT
SITE -Not to Scale--Not a Survey-Rev. 10/9/2020
Location Map
Owner(s): William Patrick Powers &
Donna R. Powers Case: ANX2020-10010
Site: 1266 Sedeeva Circle N.
Property
Size(Acres):
ROW (Acres):
0.16
Land Use Zoning PIN: 03-29-15-28098-000-0080
From : Residential Urban
(RU) R-4 Multifamily Residential
Atlas Page: 251B To: Residential Urban
(RU) Low Medium Density
Residential (LMDR)
N BETTY LN N BETTY LN SEDEEVA CIR NSEDEEVA CIR N
WOODLAWN TER WOODLAWN TER
BERTLAND WAY BERTLAND WAY CHENANGO AVE CHENANGO AVE SEDEEVA CIR SSEDEEVA CIR S-Not to Scale--Not a Survey-Rev. 10/9/2020
Aerial Photograph
Owner(s): William Patrick Powers &
Donna R. Powers Case: ANX2020-10010
Site: 1266 Sedeeva Circle N.
Property
Size(Acres):
ROW (Acres):
0.16
Land Use Zoning PIN: 03-29-15-28098-000-0080
From : Residential Urban
(RU) R-4 Multifamily Residential
Atlas Page: 251B To: Residential Urban
(RU) Low Medium Density
Residential (LMDR)
28098
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1 N BETTY LN SEDEEVA CIR N
WOODLAWN TER
BERTLAND WAY CHENANGO AVE SEDEEVA CIR S1247 12801974
12261949 1276128319541252 127812711287123212732021
1952 1300129012761260125612672017
19471245 129519631264123412461237 12721230123512341978
19581249 1987
2022
19621231 126612791262126712612027
1274125612651979
2020
2021
127412441275127012511960 1296123312601253124412882022
128412361961
123912401261
1952125812771291 19811271
12331241127312871964
2015
12681233½1244½12351950
2028
12851251
1249
128112551245
1995
1295199612861232
1969 128312251997
1237126612772025
2026
12731999
1971
1257
2024
1289-Not to Scale--Not a Survey-Rev. 10/9/2020
Existing Surrounding Uses Map
Owner(s): William Patrick Powers &
Donna R. Powers Case: ANX2020-10010
Site: 1266 Sedeeva Circle N.
Property
Size(Acres):
ROW (Acres):
0.16
Land Use Zoning PIN: 03-29-15-28098-000-0080
From : Residential Urban
(RU) R-4 Multifamily Residential
Atlas Page: 251B To: Residential Urban
(RU) Low Medium Density
Residential (LMDR)
Single Family Residential
Single Family Residential
ANX2020-10010
William P. Powers & Donna R. Powers
1266 Sedeeva Circle North
View looking north at subject property, 1266 Sedeeva Circle N.
West of subject property
East of subject property
South of subject property, across Sedeeva Circle N.
View looking easterly along Sedeeva Circle N. View looking westerly along Sedeeva Circle N.
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: 9418-21 2nd rdg
Agenda Date: 1/19/2021 Status: Agenda ReadyVersion: 1
File Type: OrdinanceIn Control: Legal Department
Agenda Number: 11.4
SUBJECT/RECOMMENDATION:
Adopt Ordinance 9418-21 on second reading, amending the Zoning Atlas of the city by zoning
certain real property whose post office address is 1266 Sedeeva Circle North, 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 1/18/2021
Ordinance No. 9418-21
ORDINANCE NO. 9418-21
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 SEDEEVA CIRCLE NORTH,
APPROXIMATELY 380 FEET WEST OF NORTH BETTY
LANE, WHOSE POST OFFICE ADDRESS IS 1266
SEDEEVA CIRCLE NORTH, CLEARWATER, FLORIDA
33755, UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL
(LMDR); PROVIDING AN EFFECTIVE DATE.
WHEREAS, the assignment of a zoning classification as set forth in this ordinance
is found to be reasonable, proper and appropriate, and is consistent with the City's
Comprehensive Plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is
hereby zoned as indicated upon annexation into the City of Clearwater, and the Zoning
Atlas of the City is amended, as follows:
The map attached as Exhibit A is hereby incorporated by reference.
Section 2. The City Engineer is directed to revise the Zoning Atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, contingent
upon and subject to the adoption of Ordinance No. 9416-21.
Property Zoning District
Lot 8, FLORADEL SUBDIVISION, according
to the map or plat thereof as recorded in Plat
Book 15, Page 7, Public Records of Pinellas
County, Florida
Low Medium Density Residential
(LMDR)
(ANX2020-10010)
Ordinance No. 9418-21
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
28098
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LMDR
LMDR
OS/R
LMDR N BETTY LN SEDEEVA CIR N
WOODLAWN TER
BERTLAND WAY CHENANGO AVE SEDEEVA CIR S12351247
19501280197412261949
2028
1276128319541252
12851251
1249 127812711287123212732021
1952 13001290128112761260125612672017
19471245 129519631264
12451234
12951246123712861272123012351232123419581249 1987
2022
19621231 1266127912621997126712612027
1274125612651979
2020
2021
12771274124412731275127012511960 1296123312601253124412882022
128412361961
1999
12
3912401261
195212581291 19811271
1233124112731257 12871964
2015
2024
1268128912
3
3
½1244½12551995
1996
1978
1969 12831225123712662025
2026
19711277-Not to Scale--Not a Survey-Rev. 10/9/2020
Proposed Zoning Map
Owner(s): William Patrick Powers &
Donna R. Powers Case: ANX2020-10010
Site: 1266 Sedeeva Circle N.
Property
Size(Acres):
ROW (Acres):
0.16
Land Use Zoning PIN: 03-29-15-28098-000-0080
From : Residential Urban
(RU) R-4 Multifamily Residential
Atlas Page: 251B To: Residential Urban
(RU) Low Medium Density
Residential (LMDR)
UNION ST N BETTY LN DOUGLAS AVE IDLEWILD DR
SUNSET POINT RD
WOODLAWN TER
PALM ST
STATE ST BROADWAY BERMUDA ST POINSETTA AVE SEDEEVA CIR N THE MALL ARBELIA ST CHENANGO AVE IVA ST OVERBROOK AVE SEDEEVA ST
ALOHA LN COLES RD N EVERGREEN AVE SEDEEVA CIR S
MACOMBER AVE SPRINGTIME AVE GRANADA ST
PORT WAY OAKDALE WAY STARBOARD WAY PINECREST WAY ^
PROJECT
SITE -Not to Scale--Not a Survey-Rev. 10/9/2020
Location Map
Owner(s): William Patrick Powers &
Donna R. Powers Case: ANX2020-10010
Site: 1266 Sedeeva Circle N.
Property
Size(Acres):
ROW (Acres):
0.16
Land Use Zoning PIN: 03-29-15-28098-000-0080
From : Residential Urban
(RU) R-4 Multifamily Residential
Atlas Page: 251B To: Residential Urban
(RU) Low Medium Density
Residential (LMDR)
N BETTY LN N BETTY LN SEDEEVA CIR NSEDEEVA CIR N
WOODLAWN TER WOODLAWN TER
BERTLAND WAY BERTLAND WAY CHENANGO AVE CHENANGO AVE SEDEEVA CIR SSEDEEVA CIR S-Not to Scale--Not a Survey-Rev. 10/9/2020
Aerial Photograph
Owner(s): William Patrick Powers &
Donna R. Powers Case: ANX2020-10010
Site: 1266 Sedeeva Circle N.
Property
Size(Acres):
ROW (Acres):
0.16
Land Use Zoning PIN: 03-29-15-28098-000-0080
From : Residential Urban
(RU) R-4 Multifamily Residential
Atlas Page: 251B To: Residential Urban
(RU) Low Medium Density
Residential (LMDR)
28098
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38394041424344
45 46 47 48 49 50 51
8 9
17 18
8 9 10 11 12
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14
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18
192021
2 3 4 5 6 7 8 10
11
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2122
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1
1
1
1 N BETTY LN SEDEEVA CIR N
WOODLAWN TER
BERTLAND WAY CHENANGO AVE SEDEEVA CIR S1247 12801974
12261949 1276128319541252 127812711287123212732021
1952 1300129012761260125612672017
19471245 129519631264123412461237 12721230123512341978
19581249 1987
2022
19621231 126612791262126712612027
1274125612651979
2020
2021
127412441275127012511960 1296123312601253124412882022
128412361961
123912401261
1952125812771291 19811271
12331241127312871964
2015
12681233½1244½12351950
2028
12851251
1249
128112551245
1995
1295199612861232
1969 128312251997
1237126612772025
2026
12731999
1971
1257
2024
1289-Not to Scale--Not a Survey-Rev. 10/9/2020
Existing Surrounding Uses Map
Owner(s): William Patrick Powers &
Donna R. Powers Case: ANX2020-10010
Site: 1266 Sedeeva Circle N.
Property
Size(Acres):
ROW (Acres):
0.16
Land Use Zoning PIN: 03-29-15-28098-000-0080
From : Residential Urban
(RU) R-4 Multifamily Residential
Atlas Page: 251B To: Residential Urban
(RU) Low Medium Density
Residential (LMDR)
Single Family Residential
Single Family Residential
ANX2020-10010
William P. Powers & Donna R. Powers
1266 Sedeeva Circle North
View looking north at subject property, 1266 Sedeeva Circle N.
West of subject property
East of subject property
South of subject property, across Sedeeva Circle N.
View looking easterly along Sedeeva Circle N. View looking westerly along Sedeeva Circle N.
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: 9422-21 2nd rdg
Agenda Date: 1/19/2021 Status: Agenda ReadyVersion: 1
File Type: OrdinanceIn Control: Legal Department
Agenda Number: 11.5
SUBJECT/RECOMMENDATION:
Adopt Ordinance 9422-21 on second reading, annexing a portion of real property whose post
office address is 2970 Gulf to Bay Boulevard, 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 1/18/2021
Ordinance No. 9422-21
ORDINANCE NO. 9422-21
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, ANNEXING A PORTION OF REAL PROPERTY
LOCATED ON THE NORTH SIDE OF GULF TO BAY
BOULEVARD APPROXIMATELY 280 FEET WEST OF
BAYVIEW AVENUE, WHOSE POST OFFICE ADDRESS IS
2970 GULF TO BAY BOULEVARD, CLEARWATER,
FLORIDA 33759 INTO THE CORPORATE LIMITS OF THE
CITY, AND REDEFINING THE BOUNDARY LINES OF THE
CITY TO INCLUDE SAID ADDITION; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the owner of the real property described herein and depicted on the
map attached hereto as Exhibit B has petitioned the City of Clearwater to annex the
property into the City pursuant to Section 171.044, Florida Statutes, and the City has
complied with all applicable requirements of Florida law in connection with this ordinance;
now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of
Clearwater and the boundary lines of the City are redefined accordingly:
See attached Exhibit A for legal description;
(ANX2020-10012)
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. 9422-21
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
ANX2020‐10012; 17‐29‐16‐00000‐140‐0600; A portion of 2970 Gulf to Bay Boulevard
Legal Description:
NORTH 20' OF THE FOLLOWING DESCRIBED PROPERTY
COMMENCE AT THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID
SECTION 17 AND RUN NORTH 0 DEG. 37' 03" EAST, ALONG THE EASTERLY BOUNDARY LINE OF SAID
SECTION 17, A DISTANCE OF 50.00 FEET TO A POINT INTERSECTING THE NORTHERLY RIGHT-OF-WAY
LINE OF STATE ROAD NO. 60; THENCE RUN SOUTH 89 DEG. 46' 01" WEST, ALONG SAID RIGHT-OF-
WAY LINE, A DISTANCE OF 213.00 FEET TO THE POINT OF BEGINNING.
THENCE CONTINUE ALONG THE PREVIOUS COURSE, A DISTANCE OF 150.00 TO A POINT; LEAVING
SAID RIGHT-OF-WAY LINE, RUN NORTH 0 DEG. 37' 03" EAST, A DISTANCE OF 300.00 FEET TO A
POINT; THENCE RUN NORTH 89 DEG. 46' 01" EAST, A DISTANCE OF 150.00 FEET TO A POINT; THENCE
RUN SOUTH 0 DEG. 37' 03" WEST, A DISTANCE OF 300.00 FEET TO THE POINT OF BEGINNING, LESS
THAT PORTION TAKEN FOR ROAD RIGHT-OF-WAY PURPOSES BY ORDER OF TAKING RECORDED IN
O.R. BOOK 6750, PAGE 808, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA.
Exhibit B
PROPOSED ANNEXATION
Owner(s): Gulf to Bay JV Partners, LLC Case: ANX2020-10012
Site: A portion of 2970 Gulf to Bay Boulevard
Property
Size(Acres):
ROW (Acres):
0.067
Land Use Zoning PIN: 17-29-16-00000-140-0600
From : Commercial Generail
(CG) Unzoned
Atlas Page: 291B To: US 19 – Regional
Center (US 19-RC) US 19
16
05292
4
5
8
7
6
3
A
1 2 3 4 5
678910
1 2 3 4 5 6
789101112
1 2 3 4 5 6
7
89101112
1 2 3 4 5
678910
1 2 3 4 5 6
789101112
1 2 3 4 5
67891011
(13)
53892
3
5
A
B
1
2
3
4
2
1
73353
1
14/06
114/052
14/053
14/01
2.21
1.16
234 1
AC(C)
AC(C)
AC(C)
AC(C)
1
1
11
1
1
GULF-TO-BAY BLVD S BAYVIEW AVE MEADOW LARK LN CAROLINA AVE
TENNESSEE AVE
323
407
307
400
224 227
210 201
29502981298530092975296329602946300130213036301630173040301330183006300730002970A2970C6 0 3
5 2 0
5 1 7
200
220
5 1 7
309
225
309
2990304030183004300030062999301430042970B-Not to Scale--Not a Survey-Rev. 10/7/2020
LOCATION MAP
Owner(s): Gulf to Bay JV Partners, LLC Case: ANX2020-10012
Site: A portion of 2970 Gulf to Bay Boulevard
Property
Size(Acres):
ROW (Acres):
0.067
Land Use Zoning PIN: 17-29-16-00000-140-0600
From : Commercial Generail
(CG) Unzoned
Atlas Page: 291B To: US 19 – Regional
Center (US 19-RC) US 19
GULF-TO-BAY BLVD BAYSIDE BRG C R 3 1 S McMULLEN BOOTH RD THORNTON RD MEADOW LARK LN S BAYVI
EW AVE
ROGERS ST
CLEVELAND ST BAY ST CHERRY LN EAST AVE WEST AVE VIRGINIA AVE
KENTUCKY AVE S BAYVIEW AVE ^
PROJECT
SITE -Not to Scale--Not a Survey-Rev. 10/7/2020
AERIAL PHOTOGRAPH
Owner(s): Gulf to Bay JV Partners, LLC Case: ANX2020-10012
Site: A portion of 2970 Gulf to Bay Boulevard
Property
Size(Acres):
ROW (Acres):
0.067
Land Use Zoning PIN: 17-29-16-00000-140-0600
From : Commercial Generail
(CG) Unzoned
Atlas Page: 291B To: US 19 – Regional
Center (US 19-RC) US 19
GULF-TO-BAY BLVD GULF-TO-BAY BLVD S BAYVIEW AVE S BAYVIEW AVE MEADOW LARK LN MEADOW LARK LN CAROLINA AVE CAROLINA AVE BAYVI
EW AVE
BAYVI
EW AVE
TENNESSEE AVE TENNESSEE AVE -Not to Scale--Not a Survey-Rev. 10/7/2020
PROPOSED ANNEXATION
Owner(s): Gulf to Bay JV Partners, LLC Case: ANX2020-10012
Site: A portion of 2970 Gulf to Bay Boulevard
Property
Size(Acres):
ROW (Acres):
0.067
Land Use Zoning PIN: 17-29-16-00000-140-0600
From : Commercial Generail
(CG) Unzoned
Atlas Page: 291B To: US 19 – Regional
Center (US 19-RC) US 19
16
05292
4
5
8
7
6
3
A
1 2 3 4 5
678910
1 2 3 4 5 6
789101112
1 2 3 4 5 6
7
89101112
1 2 3 4 5
678910
1 2 3 4 5 6
789101112
1 2 3 4 5
67891011
(13)
53892
3
5
A
B
1
2
3
4
2
1
73353
1
14/06
114/052
14/053
14/01
2.21
1.16
234 1
AC(C)
AC(C)
AC(C)
AC(C)
1
1
11
1
1
GULF-TO-BAY BLVD S BAYVIEW AVE MEADOW LARK LN CAROLINA AVE
TENNESSEE AVE
323
407
307
400
224 227
210 201
29502981298530092975296329602946300130213036301630173040301330183006300730002970A2970C6 0 3
5 2 0
5 1 7
200
220
5 1 7
309
225
309
2990304030183004300030062999301430042970B-Not to Scale--Not a Survey-Rev. 10/7/2020
ANX2020-10012
Gulf to Bay JV Partners, LLC
A Portion of 2970 Gulf to Bay Boulevard
View looking north at the subject property, 2970 Gulf to Bay
Boulevard
Across the street, to the south of the subject property
East of the subject property
West of the subject property
View looking easterly along Gulf to Bay Boulevard View looking westerly along Gulf to Bay Boulevard
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: 9423-21 2nd rdg
Agenda Date: 1/19/2021 Status: Agenda ReadyVersion: 1
File Type: OrdinanceIn Control: Legal Department
Agenda Number: 11.6
SUBJECT/RECOMMENDATION:
Adopt Ordinance 9423-21 on second reading, amending the future land use plan element of the
Comprehensive Plan of the city to designate the land use for a portion of real property whose
post office address is 2970 Gulf to Bay Boulevard, Clearwater, Florida 33759, upon annexation
into the City of Clearwater, as US 19 - Regional Center (US 19-RC).
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 1/18/2021
Ordinance No. 9423-21
ORDINANCE NO. 9423-21
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 A PORTION OF REAL
PROPERTY LOCATED ON THE NORTH SIDE OF GULF TO
BAY BOULVEVARD APPROXIMATELY 280 FEET WEST OF
BAYVIEW AVENUE, WHOSE POST OFFICE ADDRESS IS
2970 GULF TO BAY BOULEVARD, CLEARWATER,
FLORIDA 33759 UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS US 19 – REGIONAL CENTER (US 19-
RC); PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the Future Land Use Element of the
Comprehensive Plan of the City as set forth in this ordinance is found to be reasonable,
proper and appropriate, and is consistent with the City's Comprehensive Plan; now,
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. The Future Land Use Element of the Comprehensive Plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property, upon annexation into the City of Clearwater, as follows:
Property Land Use
Category
See attached Exhibit A for legal description; US 19 – Regional
Center (US 19-
RC)
(ANX2020-10012)
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. 9422-21.
Ordinance No. 9423-21
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
ANX2020‐10012; 17‐29‐16‐00000‐140‐0600; A portion of 2970 Gulf to Bay Boulevard
Legal Description:
NORTH 20' OF THE FOLLOWING DESCRIBED PROPERTY
COMMENCE AT THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID
SECTION 17 AND RUN NORTH 0 DEG. 37' 03" EAST, ALONG THE EASTERLY BOUNDARY LINE OF SAID
SECTION 17, A DISTANCE OF 50.00 FEET TO A POINT INTERSECTING THE NORTHERLY RIGHT-OF-WAY
LINE OF STATE ROAD NO. 60; THENCE RUN SOUTH 89 DEG. 46' 01" WEST, ALONG SAID RIGHT-OF-
WAY LINE, A DISTANCE OF 213.00 FEET TO THE POINT OF BEGINNING.
THENCE CONTINUE ALONG THE PREVIOUS COURSE, A DISTANCE OF 150.00 TO A POINT; LEAVING
SAID RIGHT-OF-WAY LINE, RUN NORTH 0 DEG. 37' 03" EAST, A DISTANCE OF 300.00 FEET TO A
POINT; THENCE RUN NORTH 89 DEG. 46' 01" EAST, A DISTANCE OF 150.00 FEET TO A POINT; THENCE
RUN SOUTH 0 DEG. 37' 03" WEST, A DISTANCE OF 300.00 FEET TO THE POINT OF BEGINNING, LESS
THAT PORTION TAKEN FOR ROAD RIGHT-OF-WAY PURPOSES BY ORDER OF TAKING RECORDED IN
O.R. BOOK 6750, PAGE 808, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA.
Exhibit B
PROPOSED FUTURE LAND USE MAP
Owner(s): Gulf to Bay JV Partners, LLC Case: ANX2020-10012
Site: A portion of 2970 Gulf to Bay Boulevard
Property
Size(Acres):
ROW (Acres):
0.067
Land Use Zoning PIN: 17-29-16-00000-140-0600
From : Commercial Generail
(CG) Unzoned
Atlas Page: 291B To: US 19 – Regional
Center (US 19-RC) US 19
16
05292
4
5
8
7
6
3
A
1 2 3 4 5
678910
1 2 3 4 5 6
789101112
1 2 3 4 5 6
7
89101112
1 2 3 4 5
678910
1 2 3 4 5 6
789101112
1 2 3 4 5
67891011
(13)
53892
3
5
A
B
1
2
3
4
2
1
73353
1
14/06
114/052
14/053
14/01
2.21
1.16
234 1
AC(C)
AC(C)
AC(C)
AC(C)
1
1
11
1
1
I
I
US 19-RC
I
I
US 19-RC
US 19-RC
I
RU
RU
R/OSUS 19-RC
US 19-RC
RURU
US 19-RC
US 19-RC
US 19-RC
US 19-RC
RU
RU
US 19-RC
GULF-TO-BAY BLVD S BAYVIEW AVE MEADOW LARK LN CAROLINA AVE
TENNESSEE AVE
323
5 1 7
400
227
210 201
2950299029813040298530183009297529632960300430003006294630013021301430163004301830072970A2970B2970C6 0 3
407
5 2 0
307
200
224
220
5 1 7
309
225
309
2999303630173040301330063000-Not to Scale--Not a Survey-Rev. 10/7/2020
LOCATION MAP
Owner(s): Gulf to Bay JV Partners, LLC Case: ANX2020-10012
Site: A portion of 2970 Gulf to Bay Boulevard
Property
Size(Acres):
ROW (Acres):
0.067
Land Use Zoning PIN: 17-29-16-00000-140-0600
From : Commercial Generail
(CG) Unzoned
Atlas Page: 291B To: US 19 – Regional
Center (US 19-RC) US 19
GULF-TO-BAY BLVD BAYSIDE BRG C R 3 1 S McMULLEN BOOTH RD THORNTON RD MEADOW LARK LN S BAYVI
EW AVE
ROGERS ST
CLEVELAND ST BAY ST CHERRY LN EAST AVE WEST AVE VIRGINIA AVE
KENTUCKY AVE S BAYVIEW AVE ^
PROJECT
SITE -Not to Scale--Not a Survey-Rev. 10/7/2020
AERIAL PHOTOGRAPH
Owner(s): Gulf to Bay JV Partners, LLC Case: ANX2020-10012
Site: A portion of 2970 Gulf to Bay Boulevard
Property
Size(Acres):
ROW (Acres):
0.067
Land Use Zoning PIN: 17-29-16-00000-140-0600
From : Commercial Generail
(CG) Unzoned
Atlas Page: 291B To: US 19 – Regional
Center (US 19-RC) US 19
GULF-TO-BAY BLVD GULF-TO-BAY BLVD S BAYVIEW AVE S BAYVIEW AVE MEADOW LARK LN MEADOW LARK LN CAROLINA AVE CAROLINA AVE BAYVI
EW AVE
BAYVI
EW AVE
TENNESSEE AVE TENNESSEE AVE -Not to Scale--Not a Survey-Rev. 10/7/2020
PROPOSED ANNEXATION
Owner(s): Gulf to Bay JV Partners, LLC Case: ANX2020-10012
Site: A portion of 2970 Gulf to Bay Boulevard
Property
Size(Acres):
ROW (Acres):
0.067
Land Use Zoning PIN: 17-29-16-00000-140-0600
From : Commercial Generail
(CG) Unzoned
Atlas Page: 291B To: US 19 – Regional
Center (US 19-RC) US 19
16
05292
4
5
8
7
6
3
A
1 2 3 4 5
678910
1 2 3 4 5 6
789101112
1 2 3 4 5 6
7
89101112
1 2 3 4 5
678910
1 2 3 4 5 6
789101112
1 2 3 4 5
67891011
(13)
53892
3
5
A
B
1
2
3
4
2
1
73353
1
14/06
114/052
14/053
14/01
2.21
1.16
234 1
AC(C)
AC(C)
AC(C)
AC(C)
1
1
11
1
1
GULF-TO-BAY BLVD S BAYVIEW AVE MEADOW LARK LN CAROLINA AVE
TENNESSEE AVE
323
407
307
400
224 227
210 201
29502981298530092975296329602946300130213036301630173040301330183006300730002970A2970C6 0 3
5 2 0
5 1 7
200
220
5 1 7
309
225
309
2990304030183004300030062999301430042970B-Not to Scale--Not a Survey-Rev. 10/7/2020
ANX2020-10012
Gulf to Bay JV Partners, LLC
A Portion of 2970 Gulf to Bay Boulevard
View looking north at the subject property, 2970 Gulf to Bay
Boulevard
Across the street, to the south of the subject property
East of the subject property
West of the subject property
View looking easterly along Gulf to Bay Boulevard View looking westerly along Gulf to Bay Boulevard
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: 9424-21 2nd rdg
Agenda Date: 1/19/2021 Status: Agenda ReadyVersion: 1
File Type: OrdinanceIn Control: Legal Department
Agenda Number: 11.7
SUBJECT/RECOMMENDATION:
Adopt Ordinance 9424-21 on second reading, amending the Zoning Atlas of the city by zoning a
portion of real property whose post office address is 2970 Gulf to Bay Boulevard, Clearwater,
Florida 33759, upon annexation into the City of Clearwater, as US 19.
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 1/18/2021
Ordinance No. 9424-21
ORDINANCE NO. 9424 -21
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY ZONING A PORTION OF REAL PROPERTY LOCATED
ON THE NORTH SIDE OF GULF TO BAY BOULEVARD
APPROXIMATELY 280 FEET WEST OF BAYVIEW
AVENUE, WHOSE POST OFFICE ADDRESS IS 2970 GULF
TO BAY BOULEVARD, CLEARWATER, FLORIDA 33759,
UPON ANNEXATION INTO THE CITY OF CLEARWATER,
AS US 19; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the assignment of a zoning classification as set forth in this ordinance
is found to be reasonable, proper and appropriate, and is consistent with the City's
Comprehensive Plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is
hereby zoned as indicated upon annexation into the City of Clearwater, and the Zoning
Atlas of the City is amended, as follows:
The map attached as Exhibit B is hereby incorporated by reference.
Section 2. The City Engineer is directed to revise the Zoning Atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, contingent
upon and subject to the adoption of Ordinance No. 9422-21.
Property Zoning District
See attached Exhibit A for Legal Description; US 19
(ANX2020-10012)
Ordinance No. 9424-21
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
ANX2020‐10012; 17‐29‐16‐00000‐140‐0600; A portion of 2970 Gulf to Bay Boulevard
Legal Description:
NORTH 20' OF THE FOLLOWING DESCRIBED PROPERTY
COMMENCE AT THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID
SECTION 17 AND RUN NORTH 0 DEG. 37' 03" EAST, ALONG THE EASTERLY BOUNDARY LINE OF SAID
SECTION 17, A DISTANCE OF 50.00 FEET TO A POINT INTERSECTING THE NORTHERLY RIGHT-OF-WAY
LINE OF STATE ROAD NO. 60; THENCE RUN SOUTH 89 DEG. 46' 01" WEST, ALONG SAID RIGHT-OF-
WAY LINE, A DISTANCE OF 213.00 FEET TO THE POINT OF BEGINNING.
THENCE CONTINUE ALONG THE PREVIOUS COURSE, A DISTANCE OF 150.00 TO A POINT; LEAVING
SAID RIGHT-OF-WAY LINE, RUN NORTH 0 DEG. 37' 03" EAST, A DISTANCE OF 300.00 FEET TO A
POINT; THENCE RUN NORTH 89 DEG. 46' 01" EAST, A DISTANCE OF 150.00 FEET TO A POINT; THENCE
RUN SOUTH 0 DEG. 37' 03" WEST, A DISTANCE OF 300.00 FEET TO THE POINT OF BEGINNING, LESS
THAT PORTION TAKEN FOR ROAD RIGHT-OF-WAY PURPOSES BY ORDER OF TAKING RECORDED IN
O.R. BOOK 6750, PAGE 808, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA.
Exhibit B
PROPOSED ZONING MAP
Owner(s): Gulf to Bay JV Partners, LLC Case: ANX2020-10012
Site: A portion of 2970 Gulf to Bay Boulevard
Property
Size(Acres):
ROW (Acres):
0.067
Land Use Zoning PIN: 17-29-16-00000-140-0600
From : Commercial Generail
(CG) Unzoned
Atlas Page: 291B To: US 19 – Regional
Center (US 19-RC) US 19
16
05292
4
5
8
7
6
3
A
1 2 3 4 5
678910
1 2 3 4 5 6
789101112
1 2 3 4 5 6
7
89101112
1 2 3 4 5
678910
1 2 3 4 5 6
789101112
1 2 3 4 5
67891011
(13)
53892
3
5
A
B
1
2
3
4
2
1
73353
1
14/06
114/052
14/053
14/01
2.21
1.16
234 1
AC(C)
AC(C)
AC(C)
AC(C)
1
1
11
1
1
GULF-TO-BAY BLVD S BAYVIEW AVE MEADOW LARK LN CAROLINA AVE
TENNESSEE AVE
US 19
I I
I
LMDR
OS/R
323
407
307
400
224 227
210 201
295029812985300929752963296029463001302130363016301730403013301830072970A2970C6 0 3
5 2 0
5 1 7
200
220
5 1 7
309
225
309
299030403018300430003006299930143004300630002970B-Not to Scale--Not a Survey-Rev. 10/7/2020
LOCATION MAP
Owner(s): Gulf to Bay JV Partners, LLC Case: ANX2020-10012
Site: A portion of 2970 Gulf to Bay Boulevard
Property
Size(Acres):
ROW (Acres):
0.067
Land Use Zoning PIN: 17-29-16-00000-140-0600
From : Commercial Generail
(CG) Unzoned
Atlas Page: 291B To: US 19 – Regional
Center (US 19-RC) US 19
GULF-TO-BAY BLVD BAYSIDE BRG C R 3 1 S McMULLEN BOOTH RD THORNTON RD MEADOW LARK LN S BAYVI
EW AVE
ROGERS ST
CLEVELAND ST BAY ST CHERRY LN EAST AVE WEST AVE VIRGINIA AVE
KENTUCKY AVE S BAYVIEW AVE ^
PROJECT
SITE -Not to Scale--Not a Survey-Rev. 10/7/2020
AERIAL PHOTOGRAPH
Owner(s): Gulf to Bay JV Partners, LLC Case: ANX2020-10012
Site: A portion of 2970 Gulf to Bay Boulevard
Property
Size(Acres):
ROW (Acres):
0.067
Land Use Zoning PIN: 17-29-16-00000-140-0600
From : Commercial Generail
(CG) Unzoned
Atlas Page: 291B To: US 19 – Regional
Center (US 19-RC) US 19
GULF-TO-BAY BLVD GULF-TO-BAY BLVD S BAYVIEW AVE S BAYVIEW AVE MEADOW LARK LN MEADOW LARK LN CAROLINA AVE CAROLINA AVE BAYVI
EW AVE
BAYVI
EW AVE
TENNESSEE AVE TENNESSEE AVE -Not to Scale--Not a Survey-Rev. 10/7/2020
PROPOSED ANNEXATION
Owner(s): Gulf to Bay JV Partners, LLC Case: ANX2020-10012
Site: A portion of 2970 Gulf to Bay Boulevard
Property
Size(Acres):
ROW (Acres):
0.067
Land Use Zoning PIN: 17-29-16-00000-140-0600
From : Commercial Generail
(CG) Unzoned
Atlas Page: 291B To: US 19 – Regional
Center (US 19-RC) US 19
16
05292
4
5
8
7
6
3
A
1 2 3 4 5
678910
1 2 3 4 5 6
789101112
1 2 3 4 5 6
7
89101112
1 2 3 4 5
678910
1 2 3 4 5 6
789101112
1 2 3 4 5
67891011
(13)
53892
3
5
A
B
1
2
3
4
2
1
73353
1
14/06
114/052
14/053
14/01
2.21
1.16
234 1
AC(C)
AC(C)
AC(C)
AC(C)
1
1
11
1
1
GULF-TO-BAY BLVD S BAYVIEW AVE MEADOW LARK LN CAROLINA AVE
TENNESSEE AVE
323
407
307
400
224 227
210 201
29502981298530092975296329602946300130213036301630173040301330183006300730002970A2970C6 0 3
5 2 0
5 1 7
200
220
5 1 7
309
225
309
2990304030183004300030062999301430042970B-Not to Scale--Not a Survey-Rev. 10/7/2020
ANX2020-10012
Gulf to Bay JV Partners, LLC
A Portion of 2970 Gulf to Bay Boulevard
View looking north at the subject property, 2970 Gulf to Bay
Boulevard
Across the street, to the south of the subject property
East of the subject property
West of the subject property
View looking easterly along Gulf to Bay Boulevard View looking westerly along Gulf to Bay Boulevard
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#21-8750
Agenda Date: 1/19/2021 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: City Council
Agenda Number: 12.1
SUBJECT/RECOMMENDATION:
Call-ins during COVID pandemic Update
SUMMARY:
Page 1 City of Clearwater Printed on 1/18/2021
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#21-8690
Agenda Date: 1/19/2021 Status: Agenda ReadyVersion: 1
File Type: Presentation(s) for
Council Meeting
In Control: Council Work Session
Agenda Number: 18.1
SUBJECT/RECOMMENDATION:
National Mentoring Month Proclamation - Ms. Debbie Buschman, Lunch Pals Coordinator -
Pinellas County Schools
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 1/18/2021