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01/21/2021Thursday, January 21, 2021 6:00 PM City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 Main Library - Council Chambers City Council Meeting Agenda January 21, 2021City Council Meeting Agenda Welcome. We are glad to have you join us. If you wish to address the Council, please complete a Comment Card. Comment Cards are on the right-hand side of the dais by the City Clerk. When recognized, please hand your card to the Clerk, approach the podium and state your name. Persons speaking before the City Council shall be limited to 3 minutes unless otherwise noted under Public Hearings. For other than "Citizens to be heard regarding items not on the Agenda," a spokesperson for a group may speak for 3 minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of 10 minutes. Prior to the item being presented, please obtain the form to designate a spokesperson from the City Clerk. Up to 60 minutes of public comment will be allowed for an agenda item. No person shall speak more than once on the same subject unless granted permission by the City Council. The City of Clearwater strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior to the meeting if you require special accommodations at 727-562-4090. Assisted Listening Devices are available. Kindly refrain from using cell phones and electronic devices during the meeting. Citizens wishing to provide comments on an agenda item are encouraged to do so in advance through written comment. The City has established the following two options: 1)eComments via Granicus - eComments is integrated with the published meeting agenda. Individuals may review the agenda item details and indicate their position on the item. You will be prompted to set up a user profile to allow you to comment, which will become part of the official public record. The eComment period is open from the time the agenda is published. Comments received during the meeting will become part of the official record, if posted prior to the closing of public comment. The City Clerk will read received comments into the record. 2)Email – Individuals may submit written comments or videos to ClearwaterCouncil@myclearwater.com. All comments received by 5 p.m. the day before the meeting (January 20) will become part of the official record. The City Clerk will read received comments into the record. 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Approval of Minutes 4.1 Approve the minutes of the December 17, 2020 City Council Meeting as submitted in written summation by the City Clerk. 5. Citizens to be heard re items not on the agenda Page 2 City of Clearwater Printed on 1/20/2021 January 21, 2021City Council Meeting Agenda 6. Consent Agenda The Consent Agenda contains normal, routine business items that are very likely to be approved by the City Council by a single motion. These items are not discussed, and may all be approved as recommended on the staff reports. Council questions on these items were answered prior to the meeting. The Mayor will provide an opportunity for a Councilmember or a member of the public to ask that an item be pulled from the Consent Agenda for discussion. Items pulled will receive separate action. All items not removed from the Consent Agenda will be approved by a single motion of the council. 6.1 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) 6.2 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) 6.3 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) 6.4 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) 6.5 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) 6.6 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) Page 3 City of Clearwater Printed on 1/20/2021 January 21, 2021City Council Meeting Agenda 6.7 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) 6.8 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) 6.9 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) 6.10 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) 6.11 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) Public Hearings - Not before 6:00 PM 7. Administrative Public Hearings - Presentation of issues by City staff - Statement of case by applicant or representative (5 min.) - Council questions - Comments in support or opposition (3 min. per speaker or 10 min maximum as spokesperson for others that have waived their time) - Council questions - Final rebuttal by applicant or representative (5 min.) - Council disposition Page 4 City of Clearwater Printed on 1/20/2021 January 21, 2021City Council Meeting Agenda 7.1 Continue to February 4, 2021: 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. 7.2 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) 7.3 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) 7.4 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. Quasi-Judicial Public Hearings 1. Staff states its recommendation and briefly summarizes its reasons for the recommendation and submits record (minutes, staff report, and application) adduced before the Community Development Board (2 minutes). 2. Applicant presents case, including its testimony and exhibits (15 minutes). 3. Staff presents further evidence (10 minutes). 4. Public comment. 5. City Council discussion. 6. Applicant may call witnesses in rebuttal (5 minutes). 7. Conclusion by applicant (3 minutes). 8. Decision. 8.1 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) 8.2 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) 9. Second Readings - Public Hearing Page 5 City of Clearwater Printed on 1/20/2021 January 21, 2021City Council Meeting Agenda 9.1 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. 9.2 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). 9.3 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). 9.4 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. 9.5 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). 9.6 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. 10. City Manager Reports 10.1 Confirm COVID-19 Emergency Proclamation and adopt Resolution 21-01. 10.2 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. 10.3 Disband the Affordable Housing Advisory Committee and adopt Resolution 21-02. Page 6 City of Clearwater Printed on 1/20/2021 January 21, 2021City Council Meeting Agenda 10.4 Appoint Lindsay Dicus-Harrison to the Neighborhood and Affordable Housing Advisory Board to fill the remainder of an unexpired term through June 30, 2022. 10.5 Appoint one member to the Parks and Recreation Board with term to expire January 31, 2025. 10.6 Approve the 2021 State Legislative Agenda. 10.7 Recommend Rev. Alethea Winston as the Clearwater at-large representative on the Pinellas Opportunity Council. 10.8 Call-ins during COVID pandemic Update 10.9 PSTA/Clearwater Ferry Partnership 10.10 Demolition of Old City Hall 10.11 Forward Pinellas Update 10.12 Discuss strategic visioning process. 11. City Attorney Reports 12. Closing comments by Councilmembers (limited to 3 minutes) 13. Closing Comments by Mayor 14. Adjourn Page 7 City of Clearwater Printed on 1/20/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8457 Agenda Date: 1/21/2021 Status: Agenda ReadyVersion: 1 File Type: MinutesIn Control: City Council Agenda Number: 4.1 SUBJECT/RECOMMENDATION: Approve the minutes of the December 17, 2020 City Council Meeting as submitted in written summation by the City Clerk. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 1/20/2021 City Council Meeting Minutes December 17, 2020 Page 1 City of Clearwater City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 Meeting Minutes Thursday, December 17, 2020 6:00 PM Main Library - Council Chambers City Council Draft City Council Meeting Minutes December 17, 2020 Page 2 City of Clearwater Roll Call Present: 5 - Mayor Frank Hibbard, Councilmember Hoyt Hamilton, Vice Mayor David Allbritton, Councilmember Mark Bunker and Councilmember Kathleen Beckman Also Present: William B. Horne II – City Manager, Micah Maxwell – Assistant City Manager, Michael Delk – Assistant City Manager, Pamela K. Akin City Attorney, Rosemarie Call – City Clerk, and Nicole Sprague – Deputy City Clerk. To provide continuity for research, items are listed in agenda order although not necessarily discussed in that order. Unapproved 1. Call to Order – Mayor Hibbard The meeting was called to order at 6:00 p.m. in Council Chambers at the Main Library. 2. Invocation – Mayor Hibbard 3. Pledge of Allegiance 4. Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by governmental agencies or groups providing formal updates to Council will be limited to ten minutes.) – Given. 4.1 December Service Awards Two service awards were presented to city employees. 4.2 2021 Legislative Session Update - Peter Dunbar, State Lobbyist 4.3 Environmental Advisory Board Presentation - Sarah Kessler, Lead Environmental Specialist Chair Jared Leone reviewed the Board's annual accomplishments and presented council with a draft resolution formalizing the process for Council to get feedback from the Board on projects deemed appropriate. In response to questions, Mr. Leone said the 30% threshold was based on board discussion. Vice Chair John Thomas said the Board Members felt that the project was too far along at 60% to provide any feedback. Draft City Council Meeting Minutes December 17, 2020 Page 3 City of Clearwater There is enough information at the 30% threshold to provide feedback on sustainability matters. Mr. Leone said he is comfortable with the Board's meeting frequency, which has been discussed frequently during his tenure on the board. The agendas are set by discussing topics with the Board and staff liaison. He said the Board is flexible to meet more frequently if needed. It was suggested that the draft resolution be agendaed for a future discussion. 5. Approval of Minutes 5.1 Approve the minutes of the December 3, 2020 City Council Meeting as submitted in written summation by the City Clerk. Councilmember Hamilton moved to approve the minutes of the December 3, 2020 City Council Meeting as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. 6. Citizens to be heard re items not on the agenda Emmanuel Makryllos said his house was demolished in October while he was out of town, questioned the noticing process and requested a lien reduction. The City condemned the property. The City Attorney said the City has an established process but it does not require the City go to a court. There is due process given but it does not require a judge to authorize that. Jerry Collins expressed concerns with FDOT's pedestrian overpass project (US Highway 19 and Harn Boulevard) and requested the project be postponed until a study can review the anticipated vehicular traffic associated with a new housing development. Larry Polnicky requested assistance with neighbor's barking dogs and requested consideration to allow an officer's observation count as the second required affidavit. He expressed concerns with local newspapers littering unwanted newspapers in driveways. The City Attorney said the barking dog policy process is handled by Draft City Council Meeting Minutes December 17, 2020 Page 4 City of Clearwater Pinellas County. She said staff will look at the newspaper concerns; past research shows that the issue is constitutionally protected because it is first amendment speech. Deb Larkin submitted an email supporting green building standards on city owned properties, which was read into the record by the City Clerk (see page 23). Ivana Kajtezovi submitted an eComment concerning the asphalt on Johns Parkway, which was read into the record by the City Clerk (see page 19). 7. Consent Agenda – approved as submitted. 7.1 Authorize the City Manager the flexibility to approve expenditures of Community Development Block Grant funds distributed for COVID-19 relief (CDBG-CV) as authorized by the United States Department of Housing and Urban Development (HUD). (consent) 7.2 Approve a Legal Services Agreement with Banker, Lopez, Gassler, PA, a law firm located in St. Petersburg, FL, for a five-year term from January 1, 2021 through December 31, 2025, pursuant to City Code of Ordinances Section 2.564 (l) (i), Exempt From Bidding, for a not-to-exceed total of $800,000 and authorize the appropriate officials to execute same. (consent) 7.3 Approve the renewal of an Agreement with Commercial Risk Management, Inc. of Tampa, Florida, for the management and administration of workers compensation claims, from February 1, 2021 through January 31, 2022, pursuant to City Code of Ordinances Section 2.564 (l) (i), services associated with Workers Compensation exempt from bidding for a not-to-exceed total of $25,000 and authorize the appropriate officials to execute same. (consent) 7.4 Approve a Purchase Order to DevTech Sales Inc. of Avon Park, FL, for the purchase of Itron Automated Meter Reading endpoints in an annual not to exceed amount of $310,000, with two, one-year renewal options at the City’s discretion per Clearwater Code of Ordinance 2.564 (1)(b) sole source and authorize the appropriate officials to execute same. (consent) 7.5 Authorize agreements for Employment Related Health Care Services with BayCare Urgent Care, LLC and Life Extension Clinics, Inc. for a total annual not to exceed amount of $355,000.00 for the initial term of January 1, 2021 through December 31, 2021, with two one-year renewal options and authorize the appropriate officials to execute same. (consent) 7.6 Approve the collective bargaining agreement as negotiated between the City of Draft City Council Meeting Minutes December 17, 2020 Page 5 City of Clearwater Clearwater and Communication Workers of America, Local 3179 (CWA) for Fiscal Years 2020/21, 2021/22, 2022/23 and authorize the appropriate official to execute same. (consent) 7.7 Approve a proposal by Construction Manager at Risk Khors Construction, Inc. of Pinellas Park, Florida in the amount of $91,147.54 for the construction of a storage building and demolition of existing restroom building at Moccasin Lake Nature Park located at 2750 Park Trail Lane; transfer $10,635.52 from CIP 315-93612, McMullen Tennis Complex and $12,590.01 from CIP 315-93635 Park Amenities to Moccasin Lake Nature Park CIP 315-93648 and authorize the appropriate officials to execute same. (consent) 7.8 Approve a purchase order with M Gay Constructors, Inc. of Jacksonville, Florida per ITB 19-0035-PR, in the amount of $169,470.40 for lighting the tennis courts at Morningside Recreation Complex and a change of scope of the Morningside Recreation Center Project CIP 315-93251 to include the lighting of tennis courts; transfer $131,651.99 from retained earnings at first quarter and authorize the appropriate officials to execute same. (consent) 7.9 Approve adding three new full-time positions to the Parks and Recreation Department in order to provide enhanced maintenance for Crest Lake Park, approve a first quarter budget amendment allocating $172,800.00 from general fund reserves and authorize the appropriate officials to execute same. (consent) 7.10 Approve Supplemental One Work Order to Engineer of Record (EOR) McKim and Creed, of Clearwater, Florida, in the amount of $68,860 for Lift Station 25 Force Main (20-0017-UT), increasing the work order from $148,614 to $217,474 and authorize the appropriate officials to execute same. (consent) 7.11 Approve Supplemental One Work Order to Engineer of Record Stantec Consulting Services, Inc., of Tampa, Florida for Lift Station 16 in the amount of $248,966, increasing the work order from $198,608 to $447,574 and authorize the appropriate officials to execute same. (consent) 7.12 Approve Supplemental Work Order 2 to Engineer of Record (EOR) Cardno, Inc. in the amount of $73,600 to complete Archeological Excavation at the North Greenwood Cemetery, increasing the work order from $60,846 to $134,446 and authorize the appropriate officials to execute same (consent). 7.13 Approve the final plat for the Clearwater Gas Complex, physically located at 777 Maple Street, located on the Southwest corner of Myrtle Avenue and Maple Street. (consent) 7.14 Ratify and confirm Supplemental 3 Work Order to Engineer of Record AECOM, of Tampa, Florida, for the Sunset Point Road at Betty Lane Utility Relocation Project (17-0012-UT) in the amount of $32,612, increasing the work order from $85,828 to $118,440 and authorize the appropriate officials to execute same. (consent) Draft City Council Meeting Minutes December 17, 2020 Page 6 City of Clearwater 7.15 Approve a Maintenance Memorandum of Agreement (MOA) with the State of Florida Department of Transportation for the maintenance of the aesthetic features and components related to the City of Clearwater identification signage and associated lighting on the pedestrian bridge crossing US 19 at Harn Boulevard and authorize the appropriate officials to execute same. (consent) 7.16 Authorize equipment leases with Hewlett-Packard Company, of Murray Hill, NJ, for desktop, laptop, and tablet computers, for the term of January 1, 2021 through July 31, 2021, in an amount not to exceed $280,000 in accordance with City Code of Ordinances Section 2.564 (1)(d) Other Governmental Entities Bids, and authorize the appropriate officials to execute same. (consent) 7.17 Ratify and confirm additional computer leasing obligations and expenditures over the 2017-2020 leasing period; approve an increase to Contract No. 900099 in an amount of $680,000, for a new total of $2,150,000 to Hewlett-Packard Financial Services Company, of Murray Hill, NJ, for desktop, laptop, and tablet computers, and authorize the appropriate officials to execute same. (consent) 7.18 Request for authority to settle case of City of Clearwater v. Wyllie, et al., Case No. 18-6639-CI. (consent) Vice Mayor Allbritton moved to approve the Consent Agenda as submitted and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. Public Hearings - Not before 6:00 PM 8. Administrative Public Hearings 8.1 Accept the 2020 Local Housing Incentive Strategy (LHIS) Report developed by the Affordable Housing Advisory Committee (AHAC). (APH) Florida Statute Section 420.9076 states that counties and cities receiving State Housing Initiatives Partnership (SHIP) program funds are required to appoint an eleven-member Affordable Housing Advisory Committee (AHAC). The statute further provides that the committee be made up of members from a specific industry or a specific group as identified in the statute. The requirement was largely met through the use of the City’s existing seven-member Neighborhood and Affordable Housing Advisory Board (NAHAB). City staff recommended Council appointment of four additional committee members. The City Council adopted Resolution No. 20-50 that created and appointed the AHAC. The duties of the AHAC included reviewing policies and procedures, Draft City Council Meeting Minutes December 17, 2020 Page 7 City of Clearwater ordinances, land development regulations and the City’s adopted comprehensive plan and recommending specific actions or initiatives to encourage or facilitate affordable housing. Per state statute, at a minimum, the AHAC reviewed and made recommendations on the following: (a) The processing of approvals of development orders or permits, as defined in F.S.163.3164 (7) and (8), for affordable housing projects is expedited to a greater degree than other projects. (b) The modification of impact-fee requirements, including reduction or waiver of fees and alternative methods of fee payment for affordable housing. (c) The allowance of flexibility in densities for affordable housing. (d) The reservation of infrastructure capacity or housing for very-low income persons, low-income persons, and moderate-income persons. (e) The allowance of affordable accessory residential units in residential zoning districts. (f) The reduction of parking and setback requirements for affordable housing. (g) The allowance of flexible lot configurations, including zero-lot-line configurations for affordable housing. (h) The modification of street requirements for affordable housing. (i) The establishment of a process by which a local government considers, before adoption, policies, procedures, ordinances, regulations, or plan provisions that increase the cost of housing. (j) The preparation of a printed inventory of locally owned public lands suitable for affordable housing. (k) The support of development near transportation hubs and major employment centers and mixed-use developments. In September 2020, the Economic Development and Housing Department contracted with Wade Trim, Inc. to help facilitate AHAC discussions. Wade Trim coordinated the preparation of the Local Housing Incentive Strategy report in cooperation with City staff and the AHAC. The LHIS encompasses the definition, vision, strategic focus areas and incentive recommendations in order to facilitate the development and preservation of affordable housing in the City of Clearwater. The AHAC convened on three separate occasions in order to develop and identify the value of affordable housing, identify the principles for Clearwater’s affordable housing and develop/confirm a vision statement to be included as part of the LHIS. The AHAC members focused on the values that affordable housing brings to the City of Clearwater. The AHAC recommended the continuation, with slight modifications in some cases, of recommendations made by prior AHAC committees. The AHAC further recommended City staff continue in its participation in the development of the Pinellas County Countywide Housing Strategy. The Committee also recommended staff consider increasing the amount of the maximum Down Payment Assistance (DPA) loan in its DPA strategy funded by State and federal money. The committee focused particularly on three areas aimed at encouraging development of affordable Draft City Council Meeting Minutes December 17, 2020 Page 8 City of Clearwater housing: • Recommended enhancement of the City’s Affordable Housing webpage to include informational and educational materials and mentorship information for developers. • Recommended strong consideration be given to increasing the allowability of accessory dwelling units in residential areas during staff’s forthcoming update of the Comprehensive Plan. • Recommended staff prepare a study to determine the financial, legal, and administrative feasibility of reducing, refunding, or redefining (by unit size) the costs of impact fees and/or permitting fees related to the development of affordable housing. The LHIS report has been due every three years on December 31st of the year preceding the submission of the Local Housing Assistance Plan (LHAP). The report must be submitted to the City Council by December 31, 2020. Changes to Florida Statute now require the AHAC to convene, and the LHIS report to be updated, annually. This year’s LHIS includes recommendations that were approved by the AHAC on December 15, 2020. By March 31, 2021, the City Council will be asked to adopt an amendment to the LHAP to incorporate the strategies it will implement for the City. The amendment must include, at a minimum, the State required incentive strategies outlined in the LHIS. In response to a suggestion, Economic Development and Housing Assistant Director Chuck Lane said there are many lots in the North Greenwood neighborhood that are 40 ft. by 90 ft. He said everything east of Martin Luther King, Jr. Avenue, north of Palmetto Avenue up to Cherry Harris Park are 40 by 90 lots, which is a challenge for traditional housing. Councilmember Beckman moved to accept the 2020 Local Housing Incentive Strategy (LHIS) Report developed by the Affordable Housing Advisory Committee (AHAC). The motion was duly seconded and carried unanimously. 8.2 Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1266 Sedeeva Circle North and pass Ordinances 9416-21, 9417-21, 9418-21 on first reading. This voluntary annexation petition involves a 0.16-acre property consisting of one parcel of land occupied by a single-family dwelling. The property is located on the north side of Sedeeva Circle North approximately 380 feet west of North Betty Lane. The applicant is requesting annexation in order to receive sanitary sewer and solid waste service from the City. The property is located within an Draft City Council Meeting Minutes December 17, 2020 Page 9 City of Clearwater enclave and is contiguous to existing city boundaries on all sides; therefore, the annexation will eliminate an enclave. It is proposed that the property be assigned a Future Land Use Map designation of Residential Urban (RU) and a Zoning Atlas designation of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: • The property currently receives water service from the City of Clearwater. The closest sanitary sewer line is located in the adjacent Sedeeva Circle right-of-way. The applicant has paid the City's sewer impact and assessment fees and is aware of the additional costs to extend City sewer service to this property. Collection of solid waste will be provided by the City of Clearwater. The property is located within Police District II and service will be administered through the district headquarters located at 645 Pierce Street. Fire and emergency medical services will be provided to this property by Station #51 located at 1712 Overbrook Avenue. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and • The proposed annexation is consistent with and promotes the following objectives and policy of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. • The proposed Residential Urban (RU) 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 7.5 units per acre. The proposed zoning district to be assigned to the property is the Low Medium Density Residential (LMDR) District. The use of the subject property is consistent with the uses allowed in the District and the property exceeds the District’s minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and • The property proposed for annexation is contiguous to existing city boundaries on all sides therefore, the annexation is consistent with Florida Statutes Chapter 171.044. Draft City Council Meeting Minutes December 17, 2020 Page 10 City of Clearwater Councilmember Bunker moved to approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1266 Sedeeva Circle North. The motion was duly seconded and carried unanimously. Ordinance 9416-21 was presented and read by title only. Councilmember Hamilton moved to pass Ordinance 9416-21 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Councilmember Hamilton, Vice Mayor Allbritton, Councilmember Bunker and Councilmember Beckman Ordinance 9417-21 was presented and read by title only. Vice Mayor Allbritton moved to pass Ordinance 9417-21 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Councilmember Hamilton, Vice Mayor Allbritton, Councilmember Bunker and Councilmember Beckman Ordinance 9418-21 was presented and read by title only. Councilmember Beckman moved to pass Ordinance 9418-21. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Councilmember Hamilton, Vice Mayor Allbritton, Councilmember Bunker and Councilmember Beckman 8.3 Approve the annexation, initial Future Land Use Map designation of US 19 - Regional Center (US 19-RC) and initial Zoning Atlas designation of US 19 District for a portion of 2970 Gulf to Bay Boulevard, and pass Ordinances 9422-21, 9423-21 and 9424-21 on first reading. (ANX2020-10012) This voluntary annexation petition involves 0.067-acres of property consisting of a portion of one parcel of land occupied by a vacant commercial building. It is located on the north side of Gulf to Bay Boulevard approximately 280 feet west of Bayview Boulevard. The applicant is requesting annexation in order to bring the entire property into the city’s jurisdiction which will allow for a unified site plan. The property is contiguous to existing city limits in all directions. The annexation of this portion of property will eliminate an enclave. It is proposed that the portion of property be assigned a Future Land Use Map designation of US 19 - Regional Center (US 19-RC) and a Zoning Atlas designation of US 19, consistent with the remainder of the site. Draft City Council Meeting Minutes December 17, 2020 Page 11 City of Clearwater 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 and sewer service from the City. Collection of solid waste will be provided to the property by the City. 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. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and • The proposed annexation is consistent with and promotes the following objectives and policy of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.5 Unincorporated property within the Clearwater Planning Area located within the US 19 Corridor redevelopment area shall be designated through an amendment to the Future Land Use Map with the appropriate future land use category upon annexation, consistent with the US 19 Regional Center, US 19 Neighborhood Center and US 19 Corridor future boundaries depicted on Map A-17. • The proposed US 19 - Regional Center (US 19-RC) Future Land Use Map category to be assigned to the portion of property is consistent with the Countywide Plan designation. The US 19 - Regional Center (US 19 -RC) category primarily permits a mix of uses at a floor area ratio (FAR) of 2.5. The proposed zoning district to be applied to the portion of property is the US 19 District. The proposed use of the subject property as part of a larger commercial development is consistent with the uses allowed in the District. The proposed annexation is therefore consistent with the City’s Comprehensive Plan, the Countywide Plan Map 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. Draft City Council Meeting Minutes December 17, 2020 Page 12 City of Clearwater In response to a question, Planning and Development Director Gina Clayton said the existing building is being renovated for a Dunkin Donuts and two other uses. Parking will be located in the back. Councilmember Bunker moved to approve the annexation, initial Future Land Use Map designation of US 19 - Regional Center (US 19-RC) and initial Zoning Atlas designation of US 19 District for a portion of 2970 Gulf to Bay Boulevard. The motion was duly seconded and carried unanimously. Ordinance 9422-21 was presented and read by title only. Councilmember Hamilton moved to pass Ordinance 9422-21 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Councilmember Hamilton, Vice Mayor Allbritton, Councilmember Bunker and Councilmember Beckman Ordinance 9423-21 was presented and read by title only. Vice Mayor Allbritton moved to pass Ordinance 9423-21 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Councilmember Hamilton, Vice Mayor Allbritton, Councilmember Bunker and Councilmember Beckman Ordinance 9424-21 was presented and read by title only. Councilmember Beckman moved to pass Ordinance 9424-21 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Councilmember Hamilton, Vice Mayor Allbritton, Councilmember Bunker and Councilmember Beckman 9. City Manager Reports 9.1 Confirm COVID-19 Emergency Proclamation and adopt Resolution 20-63. Councilmember Bunker moved to confirm COVID-19 Emergency Proclamation. The motion was duly seconded and carried unanimously. Resolution 20-63 was presented and read by title only. Draft City Council Meeting Minutes December 17, 2020 Page 13 City of Clearwater Councilmember Hamilton moved to adopt Resolution 20-63. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Councilmember Hamilton, Vice Mayor Allbritton, Councilmember Bunker and Councilmember Beckman 9.2 Accept a 10-foot utility easement from 1990 N. McMullen Booth Road, LLC for the construction, installation and maintenance of city utility facilities on real property located at 3055 Union St. and adopt Resolution 20-59. The Utility Easement will allow the City rights for construction, installation and maintenance of utility facilities on the commercial site where a memory care facility has been constructed. The City Engineering Department recommends acceptance of the easement. Vice Mayor Allbritton moved to accept a 10-foot utility easement from 1990 N. McMullen Booth Road, LLC for the construction, installation and maintenance of city utility facilities on real property located at 3055 Union St. The motion was duly seconded and carried unanimously. Resolution 20-59 was presented and read by title only. Councilmember Beckman moved to adopt Resolution 20-59. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Councilmember Hamilton, Vice Mayor Allbritton, Councilmember Bunker and Councilmember Beckman 9.3 Approve the 2021 State Legislative Agenda. 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. The City Clerk said, per council direction at the work session, the following items were added to the legislative agenda: provide an additional exemption that restricts the licensed carry of concealed weapons or firearms for ticketed concert events on public property, provide intergovernmental coordination that supports sustainability and resiliency Draft City Council Meeting Minutes December 17, 2020 Page 14 City of Clearwater efforts at the county and municipal levels, expand Medicaid eligibility requirements to include households incomes up to 138 percent of the federal poverty level, and appropriations requests for Imagine Clearwater and North Ward Elementary. In response to a question, the City Clerk said the proposed appropriation amounts are aggressive but staff understands that the requests may require several funding cycles. She said the City's lobbyists will begin identifying non-recurring funding opportunities that are suited for the appropriation requests. She said the legislative agenda includes a statement that the City supports the Florida League of Cities' legislative priorities; not all of the priorities are listed on the city's legislative agenda as there may be issues that do not align with the City's priorities. Comments were made that Council received several emails regarding the priorities and approval of the legislative agenda be continued to next meeting. An eComment supporting affordable housing as a priority, which was read into the record by the City Clerk (see page 20). Vice Mayor Allbritton moved to continue Item 9.3 to January 21, 2021. The motion was duly seconded and carried unanimously. 9.4 Authorize the issuance of the waterfront bluff properties request for proposals. The City of Clearwater, along with the Clearwater Community Redevelopment Agency (CRA), are seeking requests for proposals from interested investors to help redevelop three sites in Downtown Clearwater. The City and CRA are seeking proposals for mixed-use development in order to bring more activity and economic regeneration to Downtown Clearwater. Ultimately, the City and CRA will be selecting qualified candidates to redevelop these sites. All three sites have waterfront views and close proximity to Downtown amenities. The first location, the Harborview Site, is about 1.43 acres and is located at the north east corner of Osceola Avenue and Cleveland Street. This site will have the highest priority due to its location on a major commercial corridor and at the entrance of the redevelopment and the now under construction Coachman Park. The second location, the former City Hall Site, is about 2.60 acres and is located at 112 South Osceola Avenue, which is at the northwest corner of Osceola Avenue and Pierce Street. The City and CRA are exploring options for a cultural attraction along with additional options for redevelopment on remaining portions of the parcel. The third and final location is the Pierce Street Draft City Council Meeting Minutes December 17, 2020 Page 15 City of Clearwater Site, also referred to as the former CMA lot, located on the southwest corner of Osceola Avenue and Pierce Street, directly south of the City Hall Site. This site is a 1.23-acre vacant parcel also contemplated for single or mixed-use redevelopment. Assistant City Manager Michael Delk reviewed the changes directed at the work session: included a statement that the bluff sites are located outside of the FEMA flood hazard risk areas, language regarding the city hall site has been amended to reflect that Council has not given direction to raze city hall and that staff is investigating the demolition of city hall, amended the target referendum date to later than March 2022, included reference that the City desires waterfront restaurants overlooking the park area, added requirement for public access from the Harborview site to the park, added language requiring public access from the city hall site to the park, added a strong preference to improve pedestrian access from Osceola Avenue to the park, added language that the City is open to the joint development of the city hall site and Pierce Street, to include the realignment of Pierce Street, and eliminated hotels from the list of items the City would not incent for projects along the bluff. He said he is working with Purchasing staff to ensure the RFP submission requirements and advertisements adhere to city ordinance. Mr. Delk provided copies of the revised evaluation criteria and said the percentage points for the sustainability criteria were increased. In response to questions, the City Attorney said it is a best practice if councilmembers do not meet with anyone who will be submitting a bid once the RFP has been released. In addition, when questions come to staff and Purchasing, the answers are posted for all to view. Discussion ensued regarding the potential land swap for the CMA site with comments made that the reference to the land swap should be eliminated from the RFP, that developers will propose to build green in exchange for incentives, and that incentives should be provided for buildings that exceed Silver LEED standards. One individual supported a land swap with the Church of Scientology for the CMA site and supported eliminating the land swap reference from the RFP. One individual submitted an eComment supporting increasing the sustainability evaluation criteria, which was read into the record by the City Clerk (see page 21). Four individuals submitted eComments supporting requiring Greenprint Draft City Council Meeting Minutes December 17, 2020 Page 16 City of Clearwater initiatives in all proposals, which were read into the records by the City Clerk (see pages 20-22). One individual submitted an eComment opposing Item 9.4, which was read into the record by the City Clerk (see page 21). In response to a suggestion, the City Attorney said if LEED certification is not required, it may be difficult to determine if the proposal meets the requirements. Many of the City's building code standards are based on the basic LEED requirements. Discussion ensued with council consensus to require proposals meet LEED silver standards, or other equivalent, at minimum, with bonus points for responses that exceed Silver threshold requirements. Mr. Delk said the point system can be expanded to incentivize sustainability initiatives. Instead of selecting a specific LEED certification, include language that the incentive points will be heavily weighted for LEED certification. He anticipates responses will include those initiatives. He said the increased evaluation criteria will establish the expectation. There was council consensus to eliminate any reference of land swap opportunities from the RFP. Councilmember Beckman moved to require that the proposed language for RFP submissions must include design and construction that meets LEED silver level of certification or equivalent. The motion was duly seconded and carried unanimously. Councilmember Hamilton moved to delete all references to the land swap from the RFP and, as of 8:45 p.m. today, the option of entertaining a land swap will not take place until the RFP process has taken its course. The motion was duly seconded and carried unanimously. Vice Mayor Allbritton moved to approve Item 9.4, as amended. The motion was duly seconded and carried unanimously. The City Manager said this is the last meeting of the year, culminating which has been a very challenging year. He thanked Council for their support needed to get through this pandemic. Draft City Council Meeting Minutes December 17, 2020 Page 17 City of Clearwater 10. City Attorney Reports – None. 11. Closing comments by Councilmembers (limited to 3 minutes) Vice Mayor Allbritton said it has been a trying year for everybody. He said he enjoyed representing the citizens of Clearwater this year and he looks forward to next year being a better year. He wished all a Merry Christmas and Happy New Year. Councilmember Beckman wished all a Happy Holidays and said it has been a pleasure to serve as a Councilmember. She said she hoped everyone stayed safe and enjoys time with their loved ones, even if it is over Zoom. Councilmember Hamilton said he doesn’t think 2021 can throw us a curveball we can’t hit. He is looking forward to bigger and better things for our community and he hopes everyone stays safe. He said if you don’t feel comfortable doing something, don’t do it, and encouraged all to visit small businesses. Councilmember Bunker wished all a Merry Christmas and Happy New Year. He said he looks forward to the coming year and getting out and meeting people in person. He said to be safe, careful, wear a mask had have a great holiday season. 12. Closing Comments by Mayor Mayor Hibbard reviewed recent and upcoming events. He thanked city employees, first responders and hospital personnel for their efforts throughout the year and offered his condolences to Vice Mayor Allbritton and his family for the passing of his mother, Margaret Allbritton. 13. Adjourn The meeting adjourned at 8:54 p.m. Mayor City of Clearwater Attest City Clerk Draft 18 19 20 21 22 23 24 City Council on 2021-01-21 6:00 PM Meeting Time: 01-21-21 18:00 eComments Report City Council on 2021-01-21 6:00 PM 01-21-21 52 1 1 0 0 18:00 Sentiments for All Meetings The following graphs display sentiments for comments that have location data. Only locations of users who have commented will be shown. Overall Sentiment Supposv100%) Opposo,.09•0 Neutral{0%:. No Responsc0..) City Council on 2021-01-21 6:00 PM 01-21-21 18:00 Agenda Name 10.2 9435-21 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. 0 0 Sentiments for All Agenda Items The following graphs display sentiments for comments that have location data. Only locations of users who have commented will be shown. Overall Sentiment Suppo t1100°st Oppose? 6%) Neutrati0°ki No Response(0a) Agenda Item: eComments for 10.2 9435-21 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. Overall Sentiment Supporti 100,0 Oppose(D%', Neutrali0%, No Response;0% Jana Wiggins Location: Submitted At: 6:03pm 01-21-21 Hello, I live on Somerset St and Mandalay. Sadly the amount of noise coming from the Shipwreck Bar has quite the history. Residents and guests that live and stay in that area are continually awakened by the ongoing noise that comes from that business. There have been many complaints over the years and as a resident, I would like to be able to leave my windows open during nice weather. Not to mention that the bar promotes quite the variety of patrons that tend to wander the streets late into the night. For noise and safety purposes I would agree that stopping the alcohol consumption to at least 1 am. These types of places should never have been allowed in a residential neighborhood. Thank you. I can only imagine what happens near the other businesses serving alcohol later than 1 am. I support the change to 1 am. INDIVIDUAL SPEAKER Citizen Comment Card Name: Address: City: / %7/) 61 2 Telephone Number: Email Address: ee, 11 / gF6( Zip: Speaking under citizens to be items not on the agenda? and re Agenda item(s) to which you wish to speak - What is your position on the item? For Against Name: Address: 9 3 8 Ll eet egos City: C,UjJ zip: -31-75/-3- Telephone 175 Telephone Number: ;J " 409 Email Address: 0 \diet-l-i(a Speaking under citizens to be heard re items not on the agenda? I Agenda item(s) to which you wish to speak: What is your position on the item? For Against INDIVIDUAL SPEAKER Citizen Comment Card Name: Address: City: Zip: Telephone Number: Email Address: Speaking under citizens to be heard re items not on the agenda? j Agenda item(s) to which you wish to speak• What is your position on the item? For Against INDIVIDUAL SPEAKER Citizen Comment Card INDIVIDUAL SPEAKER Citizen Comment Card Name: VA) kt Address: 506 t/C'A''A' Jr. OV 4e- WA L575 1 City Ur"(„ . Zip: 3 )7 7 Telephone Number: (711) Ml -5 Email Address: TA"." -1, c two Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak. tA4Z5 0v `") What is your position on the item? For Against As stated in Council Rules, "Representatives of a group may speak for three minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten minutes." Please have each member of the group in attendance sign and print their name on the reverse of this card. Name: cL y ci 4 k Address: SS GA 10 cay B,VI AN lb/o, City: caEA (E Zip: 3r25.1 Telephone Number: 727 "12ff"" bil` t Email Address: 6671-1144 A4ACFR ' ci Agenda item to which you wish to speak: js¢ LVPiv O _di 50 0.2. What is your position on the item? For Against 2<k GROUP SPEAKER Citizen Comment Card 0 BRIGHT AND BEAUTffUL • BAY TO BEACH CLEARWATER GROUP SPEAKER LIST We the undersigned waive our right to speak and designate: as our spokesperson on the subject agenda item. Print Name Signature Print Name Signature Print Name Signature Print Name Signature Print Name Signature Print Name Signature Print Name Signature Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8580 Agenda Date: 1/21/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: City Manager's Office Agenda Number: 6.1 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 1/20/2021 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#21-8691 Agenda Date: 1/21/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Economic Development & Housing Agenda Number: 6.2 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 1/20/2021 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 1/20/2021 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 INSTRUCTIONS Beach Visitor Information Center Operator 3 RFP #02-21 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 INSTRUCTIONS Beach Visitor Information Center Operator 4 RFP #02-21 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 INSTRUCTIONS Beach Visitor Information Center Operator 5 RFP #02-21 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 Beach Visitor Information Center Operator 6 RFP #02-21 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 INSTRUCTIONS – EVALUATION Beach Visitor Information Center Operator 7 RFP #02-21 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 TERMS AND CONDITIONS Beach Visitor Information Center Operator 8 RFP #02-21 S.1 DEFINITIONS. Uses of the following terms are interchangeable as referenced: “vendor, contractor, supplier, proposer, company, parties, persons”, “purchase order, PO, contract, agreement”, “city, Clearwater, agency, requestor, parties”, “bid, proposal, response, quote”. S.2 INDEPENDENT CONTRACTOR. It is expressly understood that the relationship of Contractor to the City will be that of an independent contractor. Contractor and all persons employed by Contractor, either directly or indirectly, are Contractor’s employees, not City employees. Accordingly, Contractor and Contractor’s employees are not entitled to any benefits provided to City employees including, but not limited to, health benefits, enrollment in a retirement system, paid time off or other rights afforded City employees. Contractor employees will not be regarded as City employees or agents for any purpose, including the payment of unemployment or workers’ compensation. If any Contractor employees or subcontractors assert a claim for wages or other employment benefits against the City, Contractor will defend, indemnify and hold harmless the City from all such claims. S.3 SUBCONTRACTING. Contractor may not subcontract work under this Agreement without the express written permission of the City. If Contractor has received authorization to subcontract work, it is agreed that all subcontractors performing work under the Agreement must comply with its provisions. Further, all agreements between Contractor and its subcontractors must provide that the terms and conditions of this Agreement be incorporated therein. S.4 ASSIGNMENT. This Agreement may not be assigned either in whole or in part without first receiving the City’s written consent. Any attempted assignment, either in whole or in part, without such consent will be null and void and in such event the City will have the right at its option to terminate the Agreement. No granting of consent to any assignment will relieve Contractor from any of its obligations and liabilities under the Agreement. S.5 SUCCESSORS AND ASSIGNS, BINDING EFFECT. This Agreement will be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns. S.6 NO THIRD PARTY BENEFICIARIES. This Agreement is intended for the exclusive benefit of the parties. Nothing set forth in this Agreement is intended to create, or will create, any benefits, rights, or responsibilities in any third parties. S.7 NON- EXCLUSIVITY. The City, in its sole discretion, reserves the right to request the materials or services set forth herein from other sources when deemed necessary and appropriate. No exclusive rights are encompassed through this Agreement. S.8 AMENDMENTS. There will be no oral changes to this Agreement. This Agreement can only be modified in a writing signed by both parties. No charge for extra work or material will be allowed unless approved in writing, in advance, by the City and Contractor. S.9 TIME OF THE ESSENCE. Time is of the essence to the performance of the parties’ obligations under this Agreement. S.10 COMPLIANCE WITH APPLICABLE LAWS. a. General. Contractor must procure all permits and licenses, and pay all charges and fees necessary and incidental to the lawful conduct of business. Contractor must stay fully informed of existing and future federal, state, and local laws, ordinances, and regulations that in any manner affect the fulfillment of this Agreement and must comply with the same at its own expense. Contractor bears full responsibility for training, safety, and providing necessary equipment for all Contractor personnel to achieve throughout the term of the Agreement. Upon request, Contractor will demonstrate to the City's satisfaction any programs, procedures, and other activities used to ensure compliance. b. Drug-Free Workplace. Contractor is hereby advised that the City has adopted a policy establishing a drug-free workplace for itself and those doing business with the City to ensure the safety and health of all persons working on City contracts and projects. Contractor will require a drug-free workplace for all Contractor personnel working under this Agreement. Specifically, all Contractor personnel who are working under this Agreement must be notified TERMS AND CONDITIONS Beach Visitor Information Center Operator 9 RFP #02-21 in writing by Contractor that they are prohibited from the manufacture, distribution, dispensation, possession, or unlawful use of a controlled substance in the workplace. Contractor agrees to prohibit the use of intoxicating substances by all Contractor personnel, and will ensure that Contractor personnel do not use or possess illegal drugs while in the course of performing their duties. c. Federal and State Immigration Laws. Contractor agrees to comply with the Immigration Reform and Control Act of 1986 (IRCA) in performance under this Agreement and to permit the City and its agents to inspect applicable personnel records to verify such compliance as permitted by law. Contractor will ensure and keep appropriate records to demonstrate that all Contractor personnel have a legal right to live and work in the United States. (i) As applicable to Contractor, under this provision, Contractor hereby warrants to the City that Contractor and each of its subcontractors will comply with, and are contractually obligated to comply with, all federal immigration laws and regulations that relate to their employees (hereinafter “Contractor Immigration Warranty”). (ii) A breach of the Contractor Immigration Warranty will constitute as a material breach of this Agreement and will subject Contractor to penalties up to and including termination of this Agreement at the sole discretion of the City. (iii) The City retains the legal right to inspect the papers of all Contractor personnel who provide services under this Agreement to ensure that Contractor or its subcontractors are complying with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any such inspections. (iv) The City may, at its sole discretion, conduct random verification of the employment records of Contractor and any subcontractor to ensure compliance with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any random verification performed. (v) Neither Contractor nor any subcontractor will be deemed to have materially breached the Contractor Immigration Warranty if Contractor or subcontractor establishes that it has complied with the employment verification provisions prescribed by Sections 274A and 274B of the Federal Immigration and Nationality Act. d. Nondiscrimination. Contractor represents and warrants that it does not discriminate against any employee or applicant for employment or person to whom it provides services because of race, color, religion, sex, national origin, or disability, and represents and warrants that it complies with all applicable federal, state, and local laws and executive orders regarding employment. Contractor and Contractor’s personnel will comply with applicable provisions of Title VII of the U.S. Civil Rights Act of 1964, as amended, Section 504 of the Federal Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), and applicable rules in performance under this Agreement. S.11 SALES/USE TAX, OTHER TAXES. a. Contractor is responsible for the payment of all taxes including federal, state, and local taxes related to or arising out of Contractor’s services under this Agreement, including by way of illustration but not limitation, federal and state income tax, Social Security tax, unemployment insurance taxes, and any other taxes or business license fees as required. If any taxing authority should deem Contractor or Contractor employees an employee of the City, or should otherwise claim the City is liable for the payment of taxes that are Contractor’s responsibility under this Agreement, Contractor will indemnify the City for any tax liability, interest, and penalties imposed upon the City. b. The City is exempt from paying state and local sales/use taxes and certain federal excise taxes and will furnish an exemption certificate upon request. TERMS AND CONDITIONS Beach Visitor Information Center Operator 10 RFP #02-21 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. TERMS AND CONDITIONS Beach Visitor Information Center Operator 11 RFP #02-21 d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. e) A request to inspect or copy public records relating to a public agency’s contract for services must be made directly to the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the contractor of the request and the contractor must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time. f) The contractor hereby acknowledges and agrees that if the contractor does not comply with the public agency’s request for records, the public agency shall enforce the contract provisions in accordance with the contract. g) A contractor who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. h) If a civil action is filed against a contractor to compel production of public records relating to a public agency’s contract for services, the court shall assess and award against the contractor the reasonable costs of enforcement, including reasonable attorney fees, if: 1. The court determines that the contractor unlawfully refused to comply with the public records request within a reasonable time; and 2. At least eight (8) business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the contractor has not complied with the request, to the public agency and to the contractor. i) A notice complies with subparagraph (h)2. if it is sent to the public agency’s custodian of public records and to the contractor at the contractor’s address listed on its contract with the public agency or to the contractor’s registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. A contractor who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. S.14 AUDITS AND RECORDS. Contractor must preserve the records related to this Agreement for five (5) years after completion of the Agreement. The City or its authorized agent reserves the right to inspect any records related to the performance of work specified herein. In addition, the City may inspect any and all payroll, billing or other relevant records kept by Contractor in relation to the Agreement. Contractor will permit such inspections and audits during normal business hours and upon reasonable notice by the City. The audit of records may occur at Contractor’s place of business or at City offices, as determined by the City. S.15 BACKGROUND CHECK. The City may conduct criminal, driver history, and all other requested background checks of Contractor personnel who would perform services under the Agreement or who will have access to the City’s information, data, or facilities in accordance with the City’s current TERMS AND CONDITIONS Beach Visitor Information Center Operator 12 RFP #02-21 background check policies. Any officer, employee, or agent that fails the background check must be replaced immediately for any reasonable cause not prohibited by law. S.16 SECURITY CLEARANCE AND REMOVAL OF CONTRACTOR PERSONNEL. The City will have final authority, based on security reasons: (i) to determine when security clearance of Contractor personnel is required; (ii) to determine the nature of the security clearance, up to and including fingerprinting Contractor personnel; and (iii) to determine whether or not any individual or entity may provide services under this Agreement. If the City objects to any Contractor personnel for any reasonable cause not prohibited by law, then Contractor will, upon notice from the City, remove any such individual from performance of services under this Agreement. S.17 DEFAULT. a. A party will be in default if that party: (i) Is or becomes insolvent or is a party to any voluntary bankruptcy or receivership proceeding, makes an assignment for a creditor, or there is any similar action that affects Contractor’s capability to perform under the Agreement; (ii) Is the subject of a petition for involuntary bankruptcy not removed within sixty (60) calendar days; (iii) Conducts business in an unethical manner or in an illegal manner; or (iv) Fails to carry out any term, promise, or condition of the Agreement. b. Contractor will be in default of this Agreement if Contractor is debarred from participating in City procurements and solicitations in accordance with Section 27 of the City’s Purchasing and Procedures Manual. c. Notice and Opportunity to Cure. In the event a party is in default then the other party may, at its option and at any time, provide written notice to the defaulting party of the default. The defaulting party will have thirty (30) days from receipt of the notice to cure the default; the thirty (30) day cure period may be extended by mutual agreement of the parties, but no cure period may exceed ninety (90) days. A default notice will be deemed to be sufficient if it is reasonably calculated to provide notice of the nature and extent of such default. Failure of the non- defaulting party to provide notice of the default does not waive any rights under the Agreement. d. Anticipatory Repudiation. Whenever the City in good faith has reason to question Contractor’s intent or ability to perform, the City may demand that Contractor give a written assurance of its intent and ability to perform. In the event that the demand is made and no written assurance is given within five (5) calendar days, the City may treat this failure as an anticipatory repudiation of the Agreement. S.18 REMEDIES. The remedies set forth in this Agreement are not exclusive. Election of one remedy will not preclude the use of other remedies. In the event of default: a. The non-defaulting party may terminate the Agreement, and the termination will be effective immediately or at such other date as specified by the terminating party. b. The City may purchase the services required under the Agreement from the open market, complete required work itself, or have it completed at the expense of Contractor. If the cost of obtaining substitute services exceeds the contract price, the City may recover the excess cost by: (i) requiring immediate reimbursement to the City; (ii) deduction from an unpaid balance due to Contractor; (iii) collection against the proposal and/or performance security, if any; (iv) collection against liquidated damages (if applicable); or (v) a combination of the aforementioned remedies or other remedies as provided by law. Costs includes any and all, fees, and expenses incurred in obtaining substitute services and expended in obtaining reimbursement, including, but not limited to, administrative expenses, attorneys’ fees, and costs. TERMS AND CONDITIONS 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 TERMS AND CONDITIONS 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 TERMS AND CONDITIONS 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 TERMS AND CONDITIONS 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: 1/21/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Economic Development & Housing Agenda Number: 6.3 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 1/20/2021 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 1/20/2021 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: 1/21/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 6.4 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 1/20/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8686 Agenda Date: 1/21/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 6.5 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 1/20/2021 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: 1/21/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 6.6 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 1/20/2021 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. ------------------------------------------------------------------------------------------------------------------ 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 BID ON PARK AND PLAYGROUND EQUIPMENT, SDMC No. 21-0053-MR 9 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: _______________________________________________________________________________________________ _______________________________________________________________________________________________ BID ON PARK AND PLAYGROUND EQUIPMENT, SDMC No. 21-0053-MR 10 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 BID ON PARK AND PLAYGROUND EQUIPMENT, SDMC No. 21-0053-MR 11 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 BID ON PARK AND PLAYGROUND EQUIPMENT, SDMC No. 21-0053-MR 12 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 BID ON PARK AND PLAYGROUND EQUIPMENT, SDMC No. 21-0053-MR 13 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 BID ON PARK AND PLAYGROUND EQUIPMENT, SDMC No. 21-0053-MR 14 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. BID ON PARK AND PLAYGROUND EQUIPMENT, SDMC No. 21-0053-MR 15 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. BID ON PARK AND PLAYGROUND EQUIPMENT, SDMC No. 21-0053-MR 16 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. BID ON PARK AND PLAYGROUND EQUIPMENT, SDMC No. 21-0053-MR 17 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 18 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 BID ON PARK AND PLAYGROUND EQUIPMENT, SDMC No. 21-0053-MR 19 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. BID ON PARK AND PLAYGROUND EQUIPMENT, SDMC No. 21-0053-MR 20 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 BID ON PARK AND PLAYGROUND EQUIPMENT, SDMC No. 21-0053-MR 21 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. BID ON PARK AND PLAYGROUND EQUIPMENT, SDMC No. 21-0053-MR 22 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. BID ON PARK AND PLAYGROUND EQUIPMENT, SDMC No. 21-0053-MR 23 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 BID ON PARK AND PLAYGROUND EQUIPMENT, SDMC No. 21-0053-MR 24 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 BID ON PARK AND PLAYGROUND EQUIPMENT, SDMC No. 21-0053-MR 25 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. BID ON PARK AND PLAYGROUND EQUIPMENT, SDMC No. 21-0053-MR 26 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: BID ON PARK AND PLAYGROUND EQUIPMENT, SDMC No. 21-0053-MR 27 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: BID ON PARK AND PLAYGROUND EQUIPMENT, SDMC No. 21-0053-MR 28 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. BID ON PARK AND PLAYGROUND EQUIPMENT, SDMC No. 21-0053-MR 29 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 31 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: 1/21/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Police Department Agenda Number: 6.7 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 1/20/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8663 Agenda Date: 1/21/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Police Department Agenda Number: 6.8 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 1/20/2021 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 1/20/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8555 Agenda Date: 1/21/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 6.9 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 $750,000 Funds are available in capital improvement project ENRD180007, Streets and Sidewalks , to fund this contract. Page 1 City of Clearwater Printed on 1/20/2021 BID ITEMS UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT New Sidewalk 1.0 Mobilization and Site Preparation 1.1 Maintenance of Traffic LS 1 15,000.00$ 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: 1/21/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 6.10 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 1/20/2021 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: Document Path: C:\Users\Kieffer.Nyland\City of Clearwater\Engineering Geographic Technology - Location Maps\DonPablos-EasementSubordination.mxd 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: ID#21-8709 Agenda Date: 1/21/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Information Technology Agenda Number: 6.11 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 1/20/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ORD #9434-21 Agenda Date: 1/21/2021 Status: Public HearingVersion: 1 File Type: OrdinanceIn Control: Engineering Department Agenda Number: 7.1 SUBJECT/RECOMMENDATION: Continue to February 4, 2021: 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 1/20/2021 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 ² N.T.S.Scale: Document Path: C:\Users\Kieffer.Nyland\City of Clearwater\Engineering Geographic Technology - Location Maps\Hart_Street_AlleyVacation.mxd 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: 1/21/2021 Status: Public HearingVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 7.2 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 1/20/2021 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 1/20/2021 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 8 9 10 11 12 13 14 15 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 7 8 9 10 11 12 13 14 15 16 17 18 7 8 9 10 11 12 13 14 15 16 17 18 19 20 16 17 18 19 20 21 22 23 24 1 910 11 12 13141516171819 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 1733 1740 1727 1745 1772 1750 1729 1736 1751 1800 1747 1732 1765 1725 1734 1728 1724 1746 17642797 1734273827522780 28241788 27591748 174627812749 1765 1732 17772755275827932761 1745 17642773 2 8 0 6 2812274027731759 1754 1733 1728 274627771755 27941758 17702743 1744 17292764175227701810279817412767274717492762172527341782 1740 1737 1729 1740 1736 27891754 1783 1771 1724 1736 1807 1777 1789 17372776 17302751 1771 174927851755 1724 1735 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 8 9 10 11 12 13 14 15 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 7 8 9 10 11 12 13 14 15 16 17 18 7 8 9 10 11 12 13 14 15 16 17 18 19 20 16 17 18 19 20 21 22 23 24 1 910 11 12 13141516171819 1 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 1727 1729 1746 1728 1750 1734 1765 1800 1737 1748 1724 1725 1736 1751 1795 1772 1732 1747 1753 1733 1745 1731 1740 1739 1756 1728 1740 1759 17772780 28241788 27591748 174627812749 1765 1732 17342752277727582761174517642773 28 0 62812274027731759 1754 1733 1728 27461755 27941758 17702743 1744 172927641752277018102798276727471749 1737 17252734 1782 1740 1729 1736 27891807 1724 1777 1783 1736 1751 1789 1754 1771 1741 1737 173027972776273827552751 17712793 174927851755 1724 1735 1741 17402762177627842790 -Not to Scale--Not a Survey-Rev. 10/26/2020 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 7 8 9 10 11 12 13 14 15 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 7 8 9 10 11 12 13 14 15 16 17 18 7 8 9 10 11 12 13 14 15 16 17 18 19 20 16 17 18 19 20 21 22 23 24 1 910 11 12 13141516171819 1 LMDR LMDR P 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 1733 1740 1727 1745 1772 1750 1729 1736 1751 1800 1747 1732 1765 1725 1734 1728 1724 1746 17642797 1734273827522780 28241788 27591748 174627812749 1765 1732 17772755275827932761 1745 17642773 2 80 6 2812274027731759 1754 1733 1728 274627771755 27941758 17702743 1744 17292764175227701810279817412767274717492762172527341782 1740 1737 1729 1740 1736 27891754 1783 1771 1724 1736 1807 1777 1789 17372776 17302751 1771 174927851755 1724 1735 177627842790 -Not to Scale--Not a Survey-Rev. 10/8/2020 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 7 8 9 10 11 12 13 14 15 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 7 8 9 10 11 12 13 14 15 16 17 18 7 8 9 10 11 12 13 14 15 16 17 18 19 20 16 17 18 19 20 21 22 23 24 1 910 11 12 13141516171819 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 1733 1740 1727 1745 1772 1750 1729 1736 1751 1800 1747 1732 1765 1725 1734 1728 1724 1746 17642797 1734273827522780 28241788 27591748 174627812749 1765 1732 17772755275827932761 1745 17642773 2 8 0 6 2812274027731759 1754 1733 1728 274627771755 27941758 17702743 1744 17292764175227701810279817412767274717492762172527341782 1740 1737 1729 1740 1736 27891754 1783 1771 1724 1736 1807 1777 1789 17372776 17302751 1771 174927851755 1724 1735 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: 1/21/2021 Status: Public HearingVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 7.3 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 1/20/2021 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 1/20/2021 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: LUP2020-10002 Agenda Date: 1/21/2021 Status: Public HearingVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 7.4 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 1/20/2021 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 1/20/2021 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 Revised for January 19, 2021 City Council Meeting LUP2020-10002 - Page 8 of 9 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 LUP2020-10002 - 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 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: REZ2020-10001 Agenda Date: 1/21/2021 Status: Quasi-JudicialVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 8.1 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 1/20/2021 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 1/20/2021 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: REZ2020-10002 Agenda Date: 1/21/2021 Status: Quasi-JudicialVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 8.2 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 1/20/2021 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 1/20/2021 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 Community Development Board – December 15, 2020 Revised for January 19, 2021 City Council Meeting REZ2020-10002 - Page 2 of 10 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION 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. Community Development Board – December 15, 2020 Revised for January 19, 2021 City Council Meeting REZ2020-10002 - Page 3 of 10 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT 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 REZ2020-10002 - Page 4 of 10 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Map 4 R-E C-2 Community Development Board – December 15, 2020 Revised for January 19, 2021 City Council Meeting REZ2020-10002 - Page 5 of 10 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT 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 Community Development Board – December 15, 2020 Revised for January 19, 2021 City Council Meeting REZ2020-10002 - Page 6 of 10 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION 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. Community Development Board – December 15, 2020 Revised for January 19, 2021 City Council Meeting REZ2020-10002 - Page 7 of 10 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION 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 Community Development Board – December 15, 2020 Revised for January 19, 2021 City Council Meeting REZ2020-10002 - Page 8 of 10 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION 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]. Community Development Board – December 15, 2020 Revised for January 19, 2021 City Council Meeting REZ2020-10002 - Page 9 of 10 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION 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. Community Development Board – December 15, 2020 Revised for January 19, 2021 City Council Meeting REZ2020-10002 - Page 10 of 10 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT 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: 9416-21 2nd rdg Agenda Date: 1/21/2021 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.1 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 1/20/2021 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 K O G B C E 3 4 5 6 1 2 3 4 5 6 7 8 9 12345678910111213 14 15 16 17 18 19 20 21 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38394041424344 45 46 47 48 49 50 51 8 9 17 18 8 9 10 11 12 13 14 15 16 17 18 192021 2 3 4 5 6 7 8 10 11 12 13 14 151617181920 2122 23 24 25 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 3 4 5 6 7 8 9 10 22 1 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 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 K O G B C E 3 4 5 6 1 2 3 4 5 6 7 8 9 12345678910111213 14 15 16 17 18 19 20 21 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38394041424344 45 46 47 48 49 50 51 8 9 17 18 8 9 10 11 12 13 14 15 16 17 18 192021 2 3 4 5 6 7 8 10 11 12 13 14 151617181920 2122 23 24 25 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 3 4 5 6 7 8 9 10 22 1 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: 9417-21 2nd rdg Agenda Date: 1/21/2021 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.2 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 1/20/2021 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 K O G B C E 3 4 5 6 1 2 3 4 5 6 7 8 9 12345678910111213 14 15 16 17 18 19 20 21 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38394041424344 45 46 47 48 49 50 51 8 9 17 18 8 9 10 11 12 13 14 15 16 17 18 192021 2 3 4 5 6 7 8 10 11 12 13 14 151617181920 2122 23 24 25 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 3 4 5 6 7 8 9 10 22 1 1 1 1 1 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 K O G B C E 3 4 5 6 1 2 3 4 5 6 7 8 9 12345678910111213 14 15 16 17 18 19 20 21 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38394041424344 45 46 47 48 49 50 51 8 9 17 18 8 9 10 11 12 13 14 15 16 17 18 192021 2 3 4 5 6 7 8 10 11 12 13 14 151617181920 2122 23 24 25 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 3 4 5 6 7 8 9 10 22 1 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: 9418-21 2nd rdg Agenda Date: 1/21/2021 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.3 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 1/20/2021 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 K O G B C E 3 4 5 6 1 2 3 4 5 6 7 8 9 12345678910111213 14 15 16 17 18 19 20 21 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38394041424344 45 46 47 48 49 50 51 8 9 17 18 8 9 10 11 12 13 14 15 16 17 18 192021 2 3 4 5 6 7 8 10 11 12 13 14 151617181920 2122 23 24 25 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 3 4 5 6 7 8 9 10 22 1 1 1 1 1 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 K O G B C E 3 4 5 6 1 2 3 4 5 6 7 8 9 12345678910111213 14 15 16 17 18 19 20 21 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38394041424344 45 46 47 48 49 50 51 8 9 17 18 8 9 10 11 12 13 14 15 16 17 18 192021 2 3 4 5 6 7 8 10 11 12 13 14 151617181920 2122 23 24 25 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 3 4 5 6 7 8 9 10 22 1 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: 1/21/2021 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.4 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 1/20/2021 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: 1/21/2021 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.5 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 1/20/2021 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: 1/21/2021 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.6 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 1/20/2021 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#20-8610 Agenda Date: 1/21/2021 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: Legal Department Agenda Number: 10.1 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 1/20/2021 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: 9435-21 Agenda Date: 1/21/2021 Status: City Manager ReportVersion: 1 File Type: OrdinanceIn Control: Police Department Agenda Number: 10.2 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 1/20/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8687 Agenda Date: 1/21/2021 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: Economic Development & Housing Agenda Number: 10.3 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 1/20/2021 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#20-8630 Agenda Date: 1/21/2021 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 10.4 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. 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 1/20/2021 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 1/20/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8654 Agenda Date: 1/21/2021 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 10.5 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. Beth Davis - 1962 Harding Plaza, 33765 - VP Macy’s Countryside 3. John Devoti - 151 Marina Del Rey Ct., 33767 - Retired/Company Owner Page 1 City of Clearwater Printed on 1/20/2021 File Number: ID#20-8654 4. Robert Farrer - 3359 Wind Chime Dr., 33761 - Financial Advisor 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 1/20/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-8706 Agenda Date: 1/21/2021 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 10.6 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 1/20/2021 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: 1/21/2021 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 10.7 SUBJECT/RECOMMENDATION: Recommend Rev. Alethea Winston as the Clearwater at-large representative on the Pinellas Opportunity Council. 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 1/20/2021 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#21-8750 Agenda Date: 1/21/2021 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: City Council Agenda Number: 10.8 SUBJECT/RECOMMENDATION: Call-ins during COVID pandemic Update SUMMARY: Page 1 City of Clearwater Printed on 1/20/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-8781 Agenda Date: 1/21/2021 Status: Agenda ReadyVersion: 1 File Type: City Manager Verbal Report In Control: City Council Agenda Number: 10.9 SUBJECT/RECOMMENDATION: PSTA/Clearwater Ferry Partnership SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 1/20/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-8782 Agenda Date: 1/21/2021 Status: Agenda ReadyVersion: 1 File Type: City Manager Verbal Report In Control: City Council Agenda Number: 10.10 SUBJECT/RECOMMENDATION: Demolition of Old City Hall SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 1/20/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-8783 Agenda Date: 1/21/2021 Status: Agenda ReadyVersion: 1 File Type: City Manager Verbal Report In Control: City Council Agenda Number: 10.11 SUBJECT/RECOMMENDATION: Forward Pinellas Update SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 1/20/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-8784 Agenda Date: 1/21/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: City Council Agenda Number: 10.12 SUBJECT/RECOMMENDATION: Discuss strategic visioning process. SUMMARY: Page 1 City of Clearwater Printed on 1/20/2021 Proposal for City of Clearwater: Strategic Planning Process January 19, 2021 Prepared for: Rosemarie Call, MPA, MMC City Clerk City of Clearwater 600 Cleveland Street, Suite 600 Clearwater, FL 33755 Tel: 727.562.4092 Prepared on Behalf of: Angela Crist, Director University of South Florida Florida Institute of Government 4202 E Fowler Avenue, SOC 007 Tampa, FL 33620 813.857.8801 acrist@usf.edu ANTICIPATED STRATEGIC PLANNING PROCESS PHASE ONE: 1.1 Kick Off and Work Plan Refinement The USF team will meet with City senior staff to formally initiate the process, review and refine the work plan and scope, identify key stakeholders for initial interviews, and identify key background information for the team to review. Aspects of the work plan that may be refined include the sequence of the activities described below, the relative emphasis on meetings/group discussions and communication mechanisms for input, and the overall timeline of the project. 1.2 Individual/Group Stakeholder Interviews The USF team will meet with approximately 18-20 key individual, business and organization stakeholders identified by City staff as having particular insight into issues facing the City or into the views and opinions of segments of the City community. Staff and elected officials will be asked to identify an initial set of interviewees, and others may be suggested by those interviewed or residents. Insights and information gained in these interviews will be used, without attribution (anonymously), to help develop starting points for discussions at the Community Forum and for potential social media outreach. 1.3 Communications Outreach The USF team will work with City staff throughout the process to develop or prepare strategic planning process content for use within the City’s current social-media and/or web presence. 1.4 Resident Feedback Survey If desired by the City, the USF team will work with staff to develop a city-wide, web-based citizen survey. Initial questions for the survey will be developed in collaboration with staff. Additional questions may be identified by participants in the stakeholder interviews. This survey would be a mechanism for additional public input, rather than a statistically representative sampling of resident opinion. The USF team will analyze, group and summarize the feedback survey into a report which will be presented to Clearwater’s leadership team. A version of the survey results will also be posted to the City’s website. 1.5 City Council: Kick-Off, Setting Expectations and Teambuilding The USF team will facilitate a one-day workshop with City leadership to share the action steps for the strategic planning process, discuss Council member expectations and participation as well as review the relevant requirements of the Sunshine Law. The specific agenda will be determined in consultation with the City Manager and City leadership. 1.6 Community Focus Group Forum I (3 hours) **Community Forum II—optional** This Community Forum will invite stakeholders including residents, businesses, and other groups affiliated with the Clearwater community. The USF team will invite elected officials, but request elected officials to listen and observe, but not participate. This Forum will: • ask participants to identify characteristics of Clearwater that they value most and do not want to change, and issues affecting Clearwater that the city will need to address • begin to discuss participants’ desires for the future of the City and City government, including a potential vision statement, and possible goals, objectives or recommendations related to the vision and issues • Discuss priorities The USF team will develop workshop materials for the Forum. The USF team will also prepare a Forum Summary outlining activities and conclusions at the Forum, as well as suggestions for City communication. 1.7 Employee Survey If desired by the City and to foster employee engagement, and assess employee readiness for change, the USF team will work with staff to develop a city-wide, web-based employee survey. Employee feedback would be anonymous, with a goal of 100% employee participation/input. Survey questions would focus on: • identifying internal and external strengths, weaknesses, opportunities and threats (SWOT) that are influencing Clearwater • how the city’s current plans, policies and processes will shape future outcomes • suggestions for improving organizational effectiveness • overall employee engagement and readiness for change • employee desires for the future of Clearwater government as an organization and as a workplace Initial questions for the survey will be developed in collaboration with staff. This survey would include a mechanism for full employee participation, rather than a statistically representative sampling of employee opinion. The USF team will analyze, group and summarize the employee survey into two reports: one detailed report for leadership, and one abbreviated report which will be shared with all employees to foster engagement and buy-in. 1.8 Employee Focus Group Forum (3 hours) This Employee Forum will invite a representative sampling of employees across all departments, and all levels, of the organization. • debrief the employee survey results • prioritize the SWOT analysis results from the employee survey The USF team will develop workshop materials for the Employee Forum. The USF team will prepare an Employee Forum Summary outlining activities and conclusions at the Forum. 1.9 Report to Council The USF team will prepare a presentation and report of the Stakeholder Interviews, Community Forum, as well as the Employee Survey and Forum. This presentation will outline activities and conclusions, solicit comment on the overarching vision and goals resulting from the Community Forum, and solicit Council approval to proceed to Phase Two of the Strategic Planning Process. PHASE TWO: 2.1 Leadership Forum I (4 hours) Leadership Forum I will include Leadership across each department and City Council. • debrief the citizen forum/survey results • debrief the employee forum results • debrief initial citizen and employee desires for the future of the City, including potential goals, objectives and recommendations related to the vision • develop mission, vision, values, and strategic SMART+C goals for the City government as an organization The USF team will develop workshop materials for Leadership Forum I. The team will prepare a Forum Summary Report outlining activities and conclusions at the Forum. 2.2 Leadership Forum II (3 hours) Leadership Forum II will include Leadership across each department and City Council. • Review/finalize mission, vision, values, and strategic SMART+C goals • Develop champions, objectives, implementation plans and timelines for each goal • Determine a schedule for monitoring (accountability checkpoints) for each goal The team will develop workshop materials for Leadership Forum II. The team will prepare a Leadership Forum II Summary Report outlining activities and conclusions at the Forum, as well as recommendations for long-term success of the strategic plan. 2.3 DRAFT Final Report: Planning Retreat with City Manager and Departments Heads The USF team will prepare a Draft Strategic Plan which will include: • An organizational overview • A definition and purpose of the Strategic Plan • A written summary of the process used in the completion and assembly of the plan • An establishment of the City’s mission, vision and values statements • A list of stakeholder priorities for City goals and objectives, including those of elected officials, employees, residents, businesses, and of any other significant groups • A description of SMART+C goals and objectives for the City • Recommendations for the long-term success of the strategic plan • Raw data obtained from the assembly of the plan • Other information as deemed necessary by the USF team Following the planning retreat with the City Manager and Department Heads, a final draft report will be created and circulated to senior staff for review and comment. 2.4 Presentation of Final Report to Council The USF team will collaborate with Clearwater staff to present the report to the Council. The USF team will answer questions and/or clarify the report and implementation strategies. EXPECTED TIMELINE The timeline may be adjusted at the discretion of Clearwater staff. The total project duration would be approximately ten to twelve months to complete the scope of services from execution of a signed contract. Note: This outline is tentative and will be refined based on initial consultation with the City Manager, Council and staff. It is intended to serve as a starting point for discussions to develop a final design. Phase One: 1.1 Kick Off and Work Plan Refinement March 2021 1.2 Communications Outreach March 2021 – On-going 1.3 Individual/Group Stakeholder Interviews April 2021 1.4 Resident Feedback Survey May 2021 1.5 City Council: Kick-Off, Setting Expectations, Teambuilding March 2021 1.6 Community Focus Group Forum I (3 hours) June 2021 1.7 Employee Survey June 2021 1.8 Employee Focus Group Forum (3 hours) July 2021 1.9 Report to Council August 2021 Phase Two: 2.1 Leadership Forum I (4 hours) off-site September 2021 2.2 Leadership Forum II (3 hours) off-site October 2021 2.3 DRAFT Final Report November 2021 2.4 Final Presentation of Report to Council meeting December 2021 ESTIMATED INVESTMENT Based on the scope and expected deliverables, the estimated cost to cover the FIOG’s costs to complete the proposed Strategic Planning Process is anywhere from $39,600.00 - $55,900.00 dependent upon certain variations of the scope of work. The final cost will be inclusive of travel, printing, publishing and ADA document remediation. ADDITIONAL INFORMATION THE USF PROJECT TEAM – PERSONNEL Our team includes experts in Statistics and Data Analysis, Survey Development, Human Resource and Project Management for local government. John L. Daly, PhD, is Associate Professor of Public Administration and past Founding Director of the School of Public Affairs at the University of South Florida. His research interests include human resource management and public policy issues facing local government. He also is a specialist of governance and public policy challenges facing southern African nations. John has received two Fulbright Scholar grants to the Kingdom of Swaziland. He first served as a consultant to the Kingdom of Swaziland’s government (1998-99). His second Fulbright grant allowed him to join the University of Swaziland faculty (2005-06). Most recently, John was selected as the 2014 recipient of the International City/County Management Association’s Academic Award in Memory of Stephen B. Sweeney. This honor was presented to him at the 100th ICMA Conference in Charlotte, NC, in September 2014. John is the author of two books, Training in Developing Nations (2005, M.E. Sharpe/Routledge) and Human Resource Management in the Public Sector: Policies and Practices, (2012, M. E. Sharpe/Routledge). Dr. Daly has extensive experience providing consulting services to Florida municipal governments, primarily in the areas of human resource management and organizational development. Stephen Neely, PhD, is an assistant professor in Public Administration at the University of South Florida’s School of Public Affairs. He has an earned PhD in Public Administration from North Carolina State University, as well as two Master degrees in Social and Public Policy Analysis as well as Business Administration. His specialties include research methods, survey administration, and data analysis, and he has previously conducted survey research in partnership with agencies/organizations such as the Florida City/County Management Association, the Florida Center for Cybersecurity, and the City of Zephyrhills, Florida. Angela Crist, MPA, serves as the Director of the USF FIOG. Ms. Crist has a proven track record as a high energy, results driven leader recognized for innovative strategies and tactics. Her excellent problem solving and customer-oriented focus have created value and managed client expectations to obtain mutual benefit. With over 15 years of experience, Angela has built and led new department or groups with related staff training and mentoring to attain long-term business goals. She has consistently achieved positive results by motivating and leading organizations to identify, develop and capitalize on business opportunities by forging alliance across organizational boundaries. Her professional affiliations include Florida City and County Management Association, Florida League of Cities, Florida Association of Counties, USF Alumni Association, USF Area Community Civic Association, and Leadership Tampa Bay Alumni Association. Robyn Odegard, MA, serves as the Learning and Development Facilitator with the Florida Institute of Government at USF. In this role, she serves as project manager, program manager, and research administrator. Robyn holds certifications as a Certified Associate in Project Management (CAPM) from the Project Management Institute and CRA USF-ADVANCED certification from USF Research and Innovation. She received her MA in Political Science from the University of South Florida. BRIEF DESCRIPTION OF ORGANIZATION The John Scott Dailey Florida Institute of Government (FIOG) was created by the Florida Legislature in 1980 and subsequently designated as a Type I Institute by the Florida Board of Regents. The institute fulfills its statewide mission through a consortium of six (6) affiliate program offices located at the Florida State University, the University of Florida, the University of South Florida, the University of Central Florida, Florida Atlantic University, and Florida Gulf Coast University. The FIOG at USF works directly with all USF faculty, staff and practitioner’s university-wide to bring their expertise to our clients. All of our USF faculty, staff and practitioners are highly qualified and provide top notch services in a variety of critical areas including developing and implementing training and research programs, services, and grant and contract administration activities involving federal, state, and local governments, non-profit organizations, and the private sector. In January 2013, the School of Public Affairs (SPA) at the University of South Florida (USF) was created to merge the graduate programs in Urban and Regional Planning and Public Administration, as well as the John Scott Dailey Florida Institute of Government. The faculty consists of interdisciplinary group of scholars and former practitioners who share a common commitment to student learning, top-notch scholarship and applied community engagement. The School’s John Scott Dailey Florida Institute of Government (FIOG) provides training and technical assistance to local and state government officials, volunteers and the general public on a wide range of topics, such as team building, strategic planning, goal setting and effective communication. The FIOG partners University professionals from a variety of disciplines with organizational leaders charged with solving specific local issues to identify, evaluate and implement effective solutions. For the purposes of this project. OUR SERVICE CAPABILITIES The John Scott Dailey Florida Institute of Government (FIOG at USF) works directly with all USF faculty, staff and practitioner’s university-wide to bring their expertise to our clients. As part of a regional structure for enhanced relationships, the FIOG serves government and non-profit entities within a 9- county region including Hardee, Hernando, Highlands, Hillsborough, Manatee, Pasco, Pinellas, Polk and Sarasota. With over 25 years of experience in the local community, the Florida Institute of Government at the University of South Florida has a vast history of helping government and non-profit entities through visioning and strategic planning processes, offering and coordinating trainings, technical assistance, and applied research projects for the local community. Since 1995, the institute has conducted approximately 24,793 workshops and conferences statewide in Florida—an average of 2,749 per year. Also, during this same time, approximately 580,685 participants, the large majority of whom represent officials and employees from local government in Florida, have attended programs resulting in over 2.6 million professional contact hours. The institute has also conducted an estimated 1,190 technical assistance and applied research projects, an average of 119 annually. 1 Call, Rosemarie From:strategicplan2008@gmail.com Sent:Friday, November 27, 2020 3:04 PM To:Call, Rosemarie Cc:Vaughan, Karen; 'Melissa Zolla' Subject:Clearwater Strategic Plan- Qualifications (3 attachments) - Please verify receipt Attachments:Bio - Strategic Plan 2020 Clearwater .pdf; Clearwater response - Stacy Ranieri SOQ.pdf; Firefly Public Outreach Approach.pdf Follow Up Flag:Follow up Flag Status:Flagged CAUTION: This email originated from outside of the City of Clearwater. Do not click links or open attachments unless you recognize the sender and know the content is safe. Ms. Rosemarie Call, City Clerk Clearwater, FL 727‐562‐4092; rosemarie.call@myclearwater.com VIA ELECTRONIC MAIL ONLY Dear Ms. Call: Thank you for the invitation for qualifications to serve your strategic planning needs. The attached biographies and approach demonstrate extensive experience and versatility in:  Group facilitation (certified) and collaboration for strategic planning  Public Engagement  Outreach adapted to our COVID world In addition to my work for and with the Florida League of Cities, my portfolio includes more than 15 projects around FL with some out‐of‐state in the last 10 years composing strategic plans or applying strategic prioritization and accountability to the planning process. I employ an advanced and unique method centering on genuine collaboration, stimulating creativity, and striving for consensus. I am a sole practitioner so commit to direct and tailored client responsiveness, while keeping fees low due to lower overhead. To enhance capabilities for your needs, I will enlist a go‐to firm with which I have a long and seamless partnership. Firefly, a nimble woman‐owned consultancy, is skilled at messaging and public outreach ‐ both on‐site and internet‐based/virtual. Their outreach and strategic planning project portfolio is extensive, and the attached approach description demonstrates their on‐the‐ground experience in our ever‐changing pandemic environment. I welcome our next discussion to better understand project objectives, and to tailor a scope of work. Sincerely, Jim Anaston-Karas, Community Marine & Water Resource Planning "Forging Community Solutions" 2 www.linkedin.com/in/jeakaras 772.341.0524 Skype: james.anaston.karas Attachments (3) Copy: Karen Vaughan, Administrative Assistant 2505 Anthem Village Drive, Suite E564 4299 Cove Dr. Henderson, NV 89052 Palm Harbor, FL 34685 Ph: 702.846.4430 Ph: 813.785.2633 John.streitmatter@LRI.com www.LRI.com John Streitmatter, MBA John R. Streitmatter, MBA, is a Director at the Leadership Research Institute (LRI) who specializes in building leader credibility in the midst of turbulent market and organizational dynamics. He is a gifted facilitator, an executive coach with a track record of results in line management positions, and an entertaining and impactful speaker. He serves as an executive coach, trusted strategic advisor, and facilitator to leaders to enable them to clearly articulate a future vision and strategy, and then engage their followers to achieve it. John is known for his ability to synthesize discussion to its essence and integrate seemingly disparate data and points of view together into agreement and action. John’s areas of expertise include: • Personal Leadership: Vision and Strategy, Personal Branding, Personal Development Plans, Performance, Self-Awareness and Feedback • Strengths-Based Leadership: Building on Talent for High-Powered Teams. • Strategic Alignment: Creating Focus and Alignment Across a Team on Critical Strategies Required for Future Success. • Change Leadership: Articulating Future Vision, Crafting Compelling Cases for Change, Architecting the Change Process, Communicating with Credibility. His services include: • Executive Coaching: 1:1, Small Groups, and Executive Teams • 360-Degree Assessments: Interview-Based and Survey-Based Feedback • Team Effectiveness: Diagnostic Tools, Workshops, and Team Interventions • Facilitation: Design and Delivery of Team/Board Working Sessions John serves a wide spectrum of organizations, principally located in the Southeastern United States. His client base is a diverse mix of Fortune 500 organizations, non-profits, local governments, professional services firms, universities, as well as private equity firms and their portfolio companies. John pursed a successful corporate career before joining LRI in 2005. Initially, he held roles in Human Resources and then transitioned into a variety of Operations and Business Management roles. His alumni companies include Amoco Corporation, American Express, Capital One, and SunTrust Bank along with a few smaller, family owned enterprises. The teams he led routinely delivered employee engagement and satisfaction scores at or above world-class benchmarks as well as producing strong business results. John holds an MBA from Harvard Business School and a BS in Management and Organizations with High Distinction from Indiana University. He is certified in the Marshall Goldsmith Stakeholder Centered Approach to Coaching for Behavioral Change. John has a track record of community involvement including serving at the Board or Executive Committee level of the Greater Tampa Chamber of Commerce, Committee of 100, and Leadership Florida. He was a member of Leadership Florida Cornerstone Class 23, then served as program chair for Cornerstone Class 25, and soon after as Chair of the Board of Directors. He is a passionate college basketball fan, avid golfer, and frequent supporter of all varieties of youth sports. John and his wife, Michele, live in Florida with their three sons.