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07/15/2021Thursday, July 15, 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 July 15, 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 5:00 p.m. the day before the meeting (July 14) 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. Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by governmental agencies or groups providing formal updates to Council will be limited to ten minutes.) 4.1 July Service Awards 4.2 Florida Municipal Achievement Award - Jordan Morang, Lauren Matzke, Chrissy Fisher, and Gina Clayton - Planning Department 4.3 End of Session Update - The Honorable Ed Hooper, Florida Senate 5. Approval of Minutes Page 2 City of Clearwater Printed on 7/14/2021 July 15, 2021City Council Meeting Agenda 5.1 Approve the minutes of the June 17, 2021 City Council Meeting as submitted in written summation by the City Clerk. 5.2 Approve the minutes of the May 25, 2021 Strategic Planning Special Council Meeting. 5.3 Approve the June 9, 2021 and June 14, 2021 Special Council Meeting Minutes regarding City Manager Candidates. 6. Citizens to be heard re items not on the agenda 7. Consent Agenda The Consent Agenda contains normal, routine business items that are very likely to be approved by the City Council by a single motion. These items are not discussed, and may all be approved as recommended on the staff reports. Council questions on these items were answered prior to the meeting. The Mayor will provide an opportunity for a Councilmember or a member of the public to ask that an item be pulled from the Consent Agenda for discussion. Items pulled will receive separate action. All items not removed from the Consent Agenda will be approved by a single motion of the council. 7.1 Approve the Advantage Pinellas Housing Compact between the municipalities within Pinellas County, the Pinellas County Board of County Commissioners and Forward Pinellas and authorize the appropriate officials to execute same. (consent) 7.2 Approve Architect of Record (AOR) Professional Services Agreements, as listed, to provide continuing professional architectural services for a four-year term pursuant to Request for Qualifications (RFQ) 39-21 and authorize the appropriate officials to execute same. (consent) 7.3 Approve a purchase order to Stryker Sales Corporation dba Stryker Medical of Chicago, IL to procure forty Lifepak 1000 cardiac defibrillators pursuant to Clearwater Code of Ordinances 2.563(1)(c) Piggyback; declare thirty-five Stryker Lifepack 1000 cardiac defibrillators surplus and approve trade-in pursuant to Clearwater Code of Ordinances 2.623(7)(e), and authorize the appropriate officials to execute same. (consent) Page 3 City of Clearwater Printed on 7/14/2021 July 15, 2021City Council Meeting Agenda 7.4 Authorize a purchase order to EA Engineering, Science and Technology, Inc., PBC of Hunt Valley, MD for Bioassay Toxicity Testing and Consulting Services in an annual not-to-exceed amount of $34,800.00 plus a 15% contingency in the amount of $5,220.00 with the option for two, one-year renewals at the City’s discretion pursuant to Invitation to Bid 30-21, Bioassay Toxicity Testing and Consulting Services, and authorize the appropriate officials to execute same. (consent) 7.5 Designate Vice Mayor Hamilton as the City’s official voting delegate at the Florida League of Cities’ Annual Conference, August 12-14, 2021. (consent) Public Hearings - Not before 6:00 PM 8. 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 8.1 Adopt a tentative millage rate of 5.9550 mills for fiscal year 2021/22; set public hearing dates on the budget for September 16, 2021 and September 30, 2021, to be held no earlier than 5:00 p.m., and schedule a special work session on August 3, 2021 at 3 p.m. to fully discuss the proposed budget. 8.2 Approve the City of Clearwater’s Fiscal Year (FY) 2021/2022 Annual Action Plan, which is the second Action Plan of the FY2020/2021 - FY2024/2025 Consolidated Plan, to implement the goals and objectives set forth in the Consolidated Plan, and authorize the appropriate officials to enter into agreements with HUD and organizations approved for funding, together with authorization to execute administrative adjustments to same as needed. Page 4 City of Clearwater Printed on 7/14/2021 July 15, 2021City Council Meeting Agenda 8.3 Approve the request from the property owner of 619, 629 and 631 Mandalay Avenue, Clearwater (Applicant), and the City of Clearwater (City), as their interests may appear, to vacate an abutting 15-foot platted alley described as: that 15 Foot Alley lying Easterly and adjacent to Lots 1, 2, 3, 4, and 5 in Block B and Westerly of Lot 9 in Block B of a replat of Lots 1, 2, 3, 4, Block 86 and Lots 1 to 8, inclusive, Block 85, of Mandalay Unit No.5, as recorded in Plat Book 20, Page 27, and Blocks 85A and 86A of a replat of Lots 1 to 8, inclusive, Block 83, Lots 11 to 20, inclusive, Block 84, Lots 9 to 16, inclusive, Block 85, Lots 5, 6, 7, Block 86, and all of Blocks 76 to 82, inclusive, and 87 of Unit No. 5, Mandalay, as Recorded in Plat Book 20, Page 48; which replat is recorded in Plat Book 21, Page 13, Public Records of Pinellas County, Florida , and pass Ordinance 9477-21 on first reading. (VAC2021-10) 8.4 Approve the annexation, initial Future Land Use Map designations of Residential Low (RL) and Water/Drainage Feature Overlay and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1732 Evans Drive; the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1800 Diane Drive; and pass Ordinances 9463-21, 9464-21, and 9465-21 on first reading. (ANX2021-04005) 8.5 Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 2248 NE Coachman Road, together with certain abutting right-of-way of NE Coachman Road (SR 590) and pass Ordinances 9466-21, 9467-21, and 9468-21 on first reading. (ANX2021-04006) 8.6 Continue to a date uncertain: Approve the annexation, initial Future Land Use Map designation of Industrial Limited (IL) and initial Zoning Atlas designation of Industrial, Research and Technology (IRT) District for 1223 N. Hercules Avenue, Unit A, together with certain right-of-way of N. Hercules Avenue and pass Ordinances 9469-21, 9470-21, and 9471-21 on first reading. (ANX2021-05007) 8.7 Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Density Residential (LDR) District for 3467 Sweetwater Trail and pass Ordinances 9472-21, 9473-21, and 9474-21 on first reading. (ANX2021-05008) 8.8 Approve the contraction of the Clearwater Cay Community Development District and pass Ordinance 9437-21 on first reading. 9. Second Readings - Public Hearing 9.1 Adopt Ordinance 9455-21 on second reading, vacating a sixty foot right of way easement as recorded in OR Book 3875 Page 36, of the Public Records of Pinellas County, Florida. Page 5 City of Clearwater Printed on 7/14/2021 July 15, 2021City Council Meeting Agenda 9.2 Adopt Ordinance 9456-21 on second reading, vacating a portion of a sanitary sewer easement described as a portion of land being a part of that certain easement recorded in OR Book 4223, Page 1499, of the Public Records of Pinellas County, Florida. 9.3 Adopt Ordinance 9457-21 on second reading, vacating a portion of a drainage and utility easement, described as a portion of land being a part of that certain drainage and utility easement recorded in OR Book 4055, Page 397 of the Public Records of Pinellas County, Florida. 9.4 Adopt Ordinance 9458-21 on second reading, vacating a portion of a sanitary sewer easement, described as a portion of land being a part of that certain easement recorded in OR Book 4055, Page 399 of the Public Records of Pinellas County, Florida. 9.5 Adopt Ordinance 9459-21 on second reading, vacating a water line easement as recorded in OR Book 20673, Page 1028 of the Public Records of Pinellas County, Florida. 10. City Manager Reports 10.1 Accept a Drainage and Utility Easement from the property owners of Vue At Belleair Apartments for the construction, installation and maintenance of drainage and utility facilities on real property located at 1551 Flournoy Circle West, Clearwater and adopt Resolution 21-16. 10.2 Accept a Water Line Easement from the property owners of Vue At Belleair apartments for the construction, installation, and maintenance of water line facilities on real property located at 1551 Flournoy Circle West, Clearwater and adopt Resolution 21-17. 10.3 Accept two utility easements from Gulf to Bay LM, LLC for the construction, installation and maintenance of city utility facilities on real property located at 2188 Gulf to Bay Boulevard and adopt Resolution 21-18. 10.4 Approve a proposal from Skanska, Inc., of Tampa, FL, for construction of Imagine Clearwater (17-0031-EN) at the Guaranteed Maximum Price (GMP) of $55,370,250.00 per RFQ 52-19 and authorize the appropriate officials to execute same. 10.5 Confirm the Declaration of a State of Emergency due to conditions surrounding Tropical Storm Elsa and adopt Resolution 21-28. 10.6 Continued closure of Cleveland Street - Mike Lavery 11. City Attorney Reports Page 6 City of Clearwater Printed on 7/14/2021 July 15, 2021City Council Meeting Agenda 12. Other Council Action 12.1 PSTA/Forward Pinellas Update - Councilmember Allbritton 13. Closing comments by Councilmembers (limited to 3 minutes) 14. Closing Comments by Mayor 15. Adjourn Page 7 City of Clearwater Printed on 7/14/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9352 Agenda Date: 7/15/2021 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by government agencies or groups providing formal updates to Council will be limited to ten minutes.) In Control: Council Work Session Agenda Number: 4.1 SUBJECT/RECOMMENDATION: July Service Awards SUMMARY: 5 Years of Service Catherine Corcoran Engineering Ryan Bianca Police Michael Marry Engineering/Stormwater Graham Donaldson Parks & Recreation Todd Selby Fire Tania Vasquez Information Technology Sylvester Hall Public Utilities Lacey Lopez Police Ryan Healy Gas 10 Years of Service Sean Hailey Police 15 Years of Service Jared Barden Information Technology Caprice Mueller Parks & Recreation Kelli Dacey Parks & Recreation 20 Years of Service Lance Kielich General Services Richard Ross Engineering Brian Rogers Police Christopher Ziermann Police Scott Durivou Police Scott O’Hare Police Page 1 City of Clearwater Printed on 7/14/2021 File Number: ID#21-9352 Craig Tower General Services Brian Matherly Public Utilities Patrick Pothier Parks & Recreation 25 Years of Service Paul Wassen Engineering/Stormwater Benjamin Coccia Planning and Development Anthony Monte Police 30 Years of Service Teresa Phillips Utility Customer Service Eric Gandy Police Page 2 City of Clearwater Printed on 7/14/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9445 Agenda Date: 7/15/2021 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by government agencies or groups providing formal updates to Council will be limited to ten minutes.) In Control: Council Work Session Agenda Number: 4.2 SUBJECT/RECOMMENDATION: Florida Municipal Achievement Award - Jordan Morang, Lauren Matzke, Chrissy Fisher, and Gina Clayton - Planning Department Page 1 City of Clearwater Printed on 7/14/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9318 Agenda Date: 7/15/2021 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by government agencies or groups providing formal updates to Council will be limited to ten minutes.) In Control: Council Work Session Agenda Number: 4.3 SUBJECT/RECOMMENDATION: End of Session Update - The Honorable Ed Hooper, Florida Senate SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 7/14/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8635 Agenda Date: 7/15/2021 Status: Agenda ReadyVersion: 1 File Type: MinutesIn Control: City Council Agenda Number: 5.1 SUBJECT/RECOMMENDATION: Approve the minutes of the June 17, 2021 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 7/14/2021 City Council Meeting Minutes June 17, 2021 Page 1 City of Clearwater City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 Meeting Minutes Thursday, June 17, 2021 6:00 PM Main Library - Council Chambers City Council Draft City Council Meeting Minutes June 17, 2021 Page 2 City of Clearwater Roll Call Present: 5 - Mayor Frank Hibbard, Vice Mayor Hoyt Hamilton, Councilmember David Allbritton, Councilmember Mark Bunker and Councilmember Kathleen Beckman Also Present: William B. Horne – 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. 2. Invocation – Pastor Steve Kreloff from Lakeside Community Chapel 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 June Service Awards The May 2021 Employee of the Month Award was presented to Kellen Scott, Police Department. 4.2 Sea Turtle Friendly Lighting Initiative - Lindsey Flynn, M.S.; Clearwater Marine Aquarium - Sea Turtle Conservation Program Ms. Flynn provided a PowerPoint presentation. In response to questions, Ms. Flynn said many of the city-owned pathways have sea turtle friendly lights and many of the streetlights are coming into compliance. She said many of the beach businesses and residences are not aware of the issue. The CMA contracted with Pinellas Draft City Council Meeting Minutes June 17, 2021 Page 3 City of Clearwater County Environmental Management to conduct lighting surveys each season, which is shared with the code enforcement officer. 5. Approval of Minutes 5.1 Approve the minutes of the June 3, 2021 City Council Meeting as submitted in written summation by the City Clerk. Vice Mayor Hamilton moved to approve the minutes of the June 3, 2021 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 Kyle Schroeder invited all to next Thursday's Dine out for a Difference which will benefit the Marcia P. Hoffman Scholarship. He said 10% of proceeds will go to the scholarship program that provides tuition assistance to aspiring artists. 7. Consent Agenda – Approved as submitted, less Item 7.3 7.1 Approve the Contract for Sale of Real Property by the City of Clearwater (Contract) between the City and East-West Electric, Inc. and authorize the appropriate officials to execute same, together with all other instruments required to affect closing. (consent) 7.2 Approve Amendment 3 to the Master Agreement and Software License Agreement of January 10, 2001, between Ventiv Technology, Inc. and the City of Clearwater, to upgrade the claims software and transition to the Cloud, to provide maintenance and updates as needed, from July 1, 2021 through July 1, 2027, for a not-to-exceed amount of $230,000 for a seven-year term, pursuant to Clearwater Code of Ordinances Section 2.564 (l) (i), Exempt from Bidding; and authorize the appropriate officials to execute same. (consent) 7.3 Approve a proposal from Construction Manager at Risk, The A.D. Morgan Corporation for Tampa, FL, for construction upgrades to the Compressed Natural Gas Filling Station in Clearwater for the guaranteed maximum price of $2,264,431.00; declare surplus on one natural gas powered compressor located at the filling station and authorize for disposal at auction in accordance with Clearwater Code of Ordinances Section 2.623 and authorize the appropriate officials to execute same. (consent) See below Draft City Council Meeting Minutes June 17, 2021 Page 4 City of Clearwater 7.4 Approve a Revocable License Agreement between All Around Amusements, LLC and the City of Clearwater to provide entertainment concessions at Pier 60 Park from May 17, 2021, through May 16, 2022, with the option for four one-year term extensions, and authorize the appropriate officials to execute same. (consent) 7.5 Approve co-sponsorship and waiver of requested city fees and service charges for thirty-one Co-sponsored Special Events at an estimated General Fund cost of $548,225.00 ($83,750.00 in cash contributions and $464,475.00 in service contributions) and Enterprise Fund cost of $67,605.00 for the purposes of Fiscal Year 2021/22 departmental budget submittals. (consent) 7.6 Approve a proposal to Khors Construction, Inc. of Pinellas Park, Florida, in the amount of $449,077.51 for phase II pool renovations at Ross Norton Aquatic Complex located at 1426 S. Martin Luther King, Jr. Avenue pursuant to Request for Qualifications (RFQ) 40-20, Construction Manager at Risk (CMAR) Services Continuing Contracts; transfer $136,000.00 from CIP 93635 - Park Amenities to CIP 93271 - Swimming Pool R and R and authorize the appropriate officials to execute same. (consent) 7.7 Authorize a purchase order to Impact Sport Surfaces of Deerfield Beach, Florida in an amount not to exceed $181,132.10, which includes a 10% contingency, to provide and install gymnasium flooring at the Long Center gymnasium, pursuant to Clearwater Code of Ordinances Section 2.564 (1) (d) Cooperative Contracts; transfer $32,531.90 from CIP 93654 Recreation Center Infrastructure to CIP 93278 The Long Center Infrastructure and authorize the appropriate officials to execute same. (consent) 7.8 Approve Supplemental 2 work order to Brown and Caldwell of Tampa, Florida for construction coordination, engineering, and inspection services of FDOT Utility Relocation at US 19 and Harn Boulevard project (20-0007-UT), in the amount of $109,910, increasing the contract from $94,490 to $204,400, and authorize the appropriate officials to execute same. (consent) 7.9 Authorize a purchase order to EWT Holdings III Corp., dba Evoqua Water Technologies LLC (Evoqua), of Sarasota, FL, for odor and corrosion control through Catalyzed Iron (Odophos), in an annual not-to-exceed amount of $200,000.00 for the initial term from June 17, 2021 through May 21, 2022, with the option for one one-year renewal, pursuant to Clearwater Code of Ordinances Section 2.564(1)(D) Other Government Entities’ Bids and authorize the appropriate officials to execute same. (consent) 7.10 Request authority to settle the case of Christine Marie Baxter v. City of Clearwater, Case No. 19-007675-CI for $60,000.00. (consent) 7.11 Approve the Scope of Work from HR and A to provide negotiation support for the development of the Osceola Avenue bluff parcels for a not to exceed cost of $65.000 and authorize the appropriate officials to execute same. (consent) Draft City Council Meeting Minutes June 17, 2021 Page 5 City of Clearwater 7.12 Support Letter for USDOT Build Grant Application for PSTA Transit Center. (consent) Councilmember Allbritton moved to approve the Consent Agenda as submitted, less Item 7.3, and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 7.3 Approve a proposal from Construction Manager at Risk, The A.D. Morgan Corporation for Tampa, FL, for construction upgrades to the Compressed Natural Gas Filling Station in Clearwater for the guaranteed maximum price of $2,264,431.00; declare surplus on one natural gas-powered compressor located at the filling station and authorize for disposal at auction in accordance with Clearwater Code of Ordinances Section 2.623 and authorize the appropriate officials to execute same. (consent) On September 17, 2020, Council approved the use of Construction Manager at Risk Services (CMAR) for Continuing Contracts with Ajax Building Co. LLC, Allstate Construction, Inc., Bandes Construction co., Inc., Biltmore Construction Co., Inc., Certus Builders, Inc., Creative Contractors, Inc., J. Kokolakis Contracting, Inc., J.O. DeLotto & Sons, Inc., Johnson-Laux Construction, LLC, Keystone Excavators, Inc., Khors Construction, Inc., The A.D. Morgan Corporation and Walbridge Aldinger, LLC for a period of four years. These firms were selected in accordance with Florida Statutes 255.103 and 287.055 under Request for Qualifications #40-20 based upon construction experience, financial capability, availability of qualified staff, local knowledge, and involvement in the community. This project is for upgrades to the Compressed Natural Gas (CNG) Filling Station, located at 1020 N. Hercules Ave, Clearwater. The A.D. Morgan Corporation was selected for this project based on their previous experience constructing the Pasco County School CNG station. The scope of work includes surplus & removal of the existing GazPack70 engine-driven compressor, originally installed in 2011 that is no longer functional and replace it with two new electric powered CNG compressors that will give additional capacity to the station. Other items include replacing two gas dispenser pumps with new dispensers that have credit card readers integrated within the dispenser. This will allow our outside customers to start using credit cards to pay for their gas usage, versus our accounting department manually billing the customers each month. These upgrades will increase the station pumping capacity from 13 gas gallon equivalent (GGE) per minute to approximately 20 GGE per minute. This will decrease fueling times for the City Solid Waste trucks when multiple trucks are filling at the same time. The Clearwater CNG station originally opened in October 2011. These upgrades are designed to ensure proper operation of the station over the next 10-15 years. Draft City Council Meeting Minutes June 17, 2021 Page 6 City of Clearwater In addition, once the upgrade project is complete, CGS plans to solicit bids for a vendor to provide ongoing Operations & Maintenance at the CNG facility. This will ensure all equipment is maintained/serviced regularly and operate as designed over the life of the equipment. Once bids are evaluated, CGS will select a vendor and take the O&M contract to Council for approval. APPROPRIATION CODE AND AMOUNT: A third quarter budget amendment will provide a transfer of $560,000 in gas fund revenues to capital project 96387, Natural Gas Vehicle Station. One individual commented that natural gas is not as clean as it was thought to be 10 years ago and suggested that the City spend the same amount of funds in retrofitting the CNG station to install EV charging stations. Councilmember Beckman moved to approve a proposal from Construction Manager at Risk, The A.D. Morgan Corporation for Tampa, FL, for construction upgrades to the Compressed Natural Gas Filling Station in Clearwater for the guaranteed maximum price of $2,264,431.00; declare surplus on one natural gas powered compressor located at the filling station and authorize for disposal at auction in accordance with Clearwater Code of Ordinances Section 2.623 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 Declare surplus for the purpose of sale, through Invitation to Bid 46-21, 450 public parking spaces located in Condominium Unit PUB of the North Beach Plaza Condominium (Parking Unit) at 490 Poinsettia Street, Clearwater, said real property legally described as: Condominium Unit PUB of North Beach Plaza Condominium, a Condominium, according to the Declaration of Condominium thereof, recorded in Official Records Book 19444, Page 145, and any amendments thereto, and the plat thereof recorded in Condominium Plat Book 159, Page 91, of the Public Records of Pinellas County, Florida, together with its undivided share in the common elements appurtenant thereto. (APH) On December 29, 2016, the City of Clearwater acquired the fee simple ownership of a parking condominium containing 450 parking spaces in the North Beach Plaza parking garage from PV-Pelican Walk, LLC, located in the Draft City Council Meeting Minutes June 17, 2021 Page 7 City of Clearwater Pelican Walk Commercial Condominium Complex. The appraised value of the Parking Unit/450 parking spaces has been determined by James Millspaugh & Associates, Inc., to be $11,160,000.00 and Tobias Realty Advisors to be $13,245,000.00. Per City Charter 2.01, real property declared surplus shall be sold to the party submitting the highest competitive bid above the appraised value whose bid meets the terms set by the Council and whose proposed use of the property is in accordance with the Council’s stated purpose for declaring the property surplus. The City’s total investment in the Parking Unit/450 parking spaces is $11,580,246 which is the dollar amount city management recommends council set as the minimum required bid in the Invitation to Bid solicitation. City management supports declaring the property surplus for the purpose of sale through Invitation to Bid. In response to questions, the City Attorney said staff is recommending a minimum bid of $11.580246 million. If Council wants a different minimum bid, direction is needed. The City does not have the right for first refusal in this purchase. The City has the right for first refusal on the remaining portion of the garage. She said the City is putting up to bid the city-owned portion of the garage. Paradise is selling their ownership portion, 250 parking spaces and 18,000 sq. ft. of retail space, and have a contract pending. The sale contract for the City's portion will come back to Council for approval. Discussion ensued with comments made that establishing a minimum bid of $12 million is a fair number. Vice Mayor Hamilton moved to approve Item 8.1, with a minimum bid price of $12 million. The motion was duly seconded and carried unanimously. 8.2 Approve the request from the owner of property addressed 1551 Flournoy Cir. W., Clearwater (Applicant) to vacate a 60 foot-wide right of way easement as recorded in O.R. Book 3875, Page 36 of the Public Records of Pinellas County, Florida, and pass Ordinance 9455-21 on first reading. (VAC2020-11) The property owner of the Vue at Belleair at 1551 Flournoy Cir. W., (Applicant) has requested that the City vacate a 60-foot-wide right of way easement on Applicant’s property. As a condition of vacation, the Applicant will grant a drainage and utility easement to the City over a portion of the vacated right of way easement. Draft City Council Meeting Minutes June 17, 2021 Page 8 City of Clearwater City stakeholders have reviewed the vacation request and the proposed location of the new drainage and utility easement being granted by the property owner and have no objection. Councilmember Allbritton moved to approve the request from the owner of property addressed 1551 Flournoy Cir. W., Clearwater (Applicant) to vacate a 60 foot-wide right of way easement as recorded in O.R. Book 3875, Page 36 of the Public Records of Pinellas County, Florida. The motion was duly seconded and carried unanimously. Ordinance 9455-21 was presented and read by title only. Councilmember Beckman moved to pass Ordinance 9455-21 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Hamilton, Councilmember Allbritton, Councilmember Bunker and Councilmember Beckman 8.3 Approve the request from the owner of property addressed 1551 Flournoy Cir. W., Clearwater (Applicant) to vacate a portion of a sanitary sewer easement as recorded in O.R. Book 4223, Page 1499 of the Public Records of Pinellas County, Florida, and pass Ordinance 9456-21 on first reading. (VAC2020-12) The property owner of the Vue at Belleair at 1551 Flournoy Cir W., (Applicant) has requested that the City vacate a portion of a sanitary sewer easement on Applicant’s property. City stakeholders have reviewed the vacation request and have no objection. Councilmember Bunker moved to approve the request from the owner of property addressed 1551 Flournoy Cir. W., Clearwater (Applicant) to vacate a portion of a sanitary sewer easement as recorded in O.R. Book 4223, Page 1499 of the Public Records of Pinellas County, Florida. The motion was duly seconded and carried unanimously. Ordinance 9456-21 was presented and read by title only. Vice Mayor Hamilton moved to pass Ordinance 9456-21 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Hamilton, Councilmember Allbritton, Councilmember Bunker and Councilmember Beckman Draft City Council Meeting Minutes June 17, 2021 Page 9 City of Clearwater 8.4 Approve the request from the owner of property addressed 1551 Flournoy Cir. W., Clearwater (Applicant) to vacate a portion of that certain drainage and utility easement as recorded in O.R. Book 4055, Page 397 of the Public Records of Pinellas County, Florida, and pass Ordinance 9457-21 on first reading. (VAC2020-13) The property owner of the Vue at Belleair at 1551 Flournoy Cir. W., (Applicant) has requested that the City vacate a portion of a drainage and utility easement on Applicant’s property. City stakeholders have reviewed the vacation request and have no objection. Councilmember Allbritton moved to approve the request from the owner of property addressed 1551 Flournoy Cir. W., Clearwater (Applicant) to vacate a portion of that certain drainage and utility easement as recorded in O.R. Book 4055, Page 397 of the Public Records of Pinellas County, Florida. The motion was duly seconded and carried unanimously. Ordinance 9457-21 was presented and read by title only. Councilmember Beckman moved to pass Ordinance 9457-21 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Hamilton, Councilmember Allbritton, Councilmember Bunker and Councilmember Beckman 8.5 Approve the request from the owner of property addressed 1551 Flournoy Circle W., Clearwater (Applicant) to vacate a portion of a sanitary sewer easement as recorded in O.R. Book 4055, Page 399 of the Public Records of Pinellas County, Florida, and pass Ordinance 9458-21 on first reading. (VAC2020-14) The property owner of the Vue at Belleair at 1551 Flournoy Cir. W., (Applicant) has requested that the City vacate a portion of a sanitary sewer easement on Applicant’s property. City stakeholders have reviewed the vacation request and have no objection. Councilmember Bunker moved to approve the request from the owner of property addressed 1551 Flournoy Circle W., Clearwater (Applicant) to vacate a portion of a sanitary sewer easement as recorded in O.R. Book 4055, Page 399 of the Public Records of Pinellas County, Florida. The motion was duly seconded and carried unanimously. Draft City Council Meeting Minutes June 17, 2021 Page 10 City of Clearwater Ordinance 9458-21 was presented and read by title only. Vice Mayor Hamilton moved to pass Ordinance 9458-21 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Hamilton, Councilmember Allbritton, Councilmember Bunker and Councilmember Beckman 8.6 Approve the request from the owner of property addressed 1551 Flournoy Circle W., Clearwater (Applicant) to vacate a water line easement as recorded in O.R. Book 20673, Page 1028 of the Public Records of Pinellas County, Florida, and pass Ordinance 9459-21 on first reading. (VAC2020-15) The Exhibit provided in the water line easement as recorded in O.R. Book 20673, Page 1028 of the Public Records of Pinellas County, Florida, contained errors in the legal description, thus the property owner of the Vue at Belleair at 1551 Flournoy Cir. W., (Applicant) has requested that the City vacate said water line easement on Applicant’s property. As a condition of vacation, the Applicant will grant a replacement water line easement to the City on applicant’s property based on the as-built location of the water line. City stakeholders have reviewed the vacation request and the proposed location of the new water line easement being granted by the property owner and have no objection. Councilmember Allbritton moved to approve the request from the owner of property addressed 1551 Flournoy Circle W., Clearwater (Applicant) to vacate a water line easement as recorded in O.R. Book 20673, Page 1028 of the Public Records of Pinellas County, Florida. The motion was duly seconded and carried unanimously. Ordinance 9459-21 was presented and read by title only. Councilmember Beckman moved to pass Ordinance 9459-21 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Hamilton, Councilmember Allbritton, Councilmember Bunker and Councilmember Beckman 8.7 Declare three parcels of certain real property in Section 15, Township 29 South, Range 15 East, located at 704 Court St., 710 Court St. and 701 Franklin St., in Clearwater, Florida, as surplus for the purpose of conveying the three parcels to the Pinellas Suncoast Transit Authority (PSTA) in exchange for a parcel owned by the PSTA located at the northwest corner of South Garden Avenue and Pierce Street, Clearwater, Florida, in order to effectuate PSTA’s construction of a new Multimodal Transit Facility. (APH) Draft City Council Meeting Minutes June 17, 2021 Page 11 City of Clearwater The City is the owner of two of the three parcels to be conveyed to the PSTA, more particularly described as: Parcel 1: 704 Court St.-Tax Assessor Parcel Number: 15/29/15/54450/011/0020. A part of Lots 2, 3, 8 and 9, Block 11, MAGNOLIA PARK, as recorded in Plat Book 3, Page 43, of the Public Records of Pinellas County, Florida, described as follows: From the Southwest corner of said Block 11, run thence East, 73.45 feet for the Point of Beginning; thence run N 0 deg. 15'12" E, 314.34 feet to the South right-of-way line of Franklin Street also being the North line of said Block 11; thence S89 deg 58'00" E, along said North line of Block 11, 58.82 feet; thence S 0 deg 52'44" E, 314.34 feet to the North right-of-way line of Court Street also being the South line of said Block 11; thence West, along said South line of Block 11, 65.03 feet to the Point of Beginning. Parcel 2: 710 Court St.-Tax Assessor Parcel Number: 15-29-15-54450-011-0030 Parcel 1 Lot 3, less the West four feet (4'); and all of Lots 4, 5, 6, and 7; and Lot 8, less the West four feet (4'), of Block 8, MAGNOLIA PARK, according to the plat thereof as recorded in Plat Book 3, Page 43, of the Public Records of Pinellas County, Florida. AND Parcel 2 Lot 3 lying Easterly of Railroad right-of-way and Lots 4, 5, 6, and 7 and that portion of Lot 8, lying Easterly of the Seaboard Airline Railroad spur in Block 11, MAGNOLIA PARK, according to the plat thereof as recorded in Plat Book 3, Page 43, Public Records of Pinellas County, Florida. Together with those portions of Lots 3 and 8, Block 11 described as: From the Northwest corner of Block 11, MAGNOLIA PARK, as recorded in Plat Book 3, Page 43, Public Records of Pinellas County, Florida, thence South 89°16'00" East, on an assumed bearing, along the North line of said block, 152.50 feet for a Point of Beginning; thence South 00°10'44" East, 194.38 feet; thence by a curve to the left, radius 804.52 feet, arc 120.45 feet, chord South 04°28'05" East, 120.34 feet to the Northerly right-of-way line of Olive Street; thence North 89°17'30" West, along said right-of-way line 24.00 feet; thence North 00°10'44" West, 314.38 feet to the North line of said block; thence South 89°16'00" East, along said North line 15.00 feet to the Point of Beginning. Draft City Council Meeting Minutes June 17, 2021 Page 12 City of Clearwater Said portions of Lots 3 and 8, Block 11 also being described as follows: That portion of Lots 3 and 8, Block 11, MAGNOLIA PARK, according to the plat thereof as recorded in Plat Book 3, Page 43, Public Records of Pinellas County, Florida, which lies East of the East line of the land described in deed recorded in Official Records Book 10345, Page 2252, of said public records, being situate, lying and being in the County of Pinellas, State of Florida. Of even date herewith, and as a prerequisite to this declaration, the City Council has approved that certain Contract for Purchase of Real Property by the City of Clearwater (Contract) between the City of Clearwater and the Community Redevelopment Agency of the City of Clearwater, Florida (CRA), for the sale and purchase of the third parcel (which is currently owned by the CRA), more particularly described as: Parcel 3: 701 Franklin St.-Tax Assessor Parcel Number:15/29/15/54450/011/0010 A part of Lots 1, 2, 9 and 10, Block "11", Magnolia Park, as recorded in Plat Book 3, Page 43 of the Public Records of Pinellas County, Florida, described as follows: From the Southwest corner of said Block "11", run thence East, 15.0 ft; thence run N 0 deg. 42'00" W, parallel with and 15.0 ft. East of the East right of way line of East Avenue, 129.0 ft. for the Point of Beginning; thence continue N 0 deg. 42'00” W, along said line, 185.40 ft. to the South right of way line of Franklin Street, also being the North line of said Block "11"; thence S 89 deg. 58'00" E, along said North line of Block "11", 63.68 ft.; thence S. 0 deg. 15'12" W, 185.16 ft.; thence S 89 deg. 49'30" W, 60.60 ft. to the Point of Beginning. Parcel 1, located at 704 Court St. is approximately 0.43 acres of vacant land, acquired by the City on 10/27/2011 at the purchase price of $475,000.00 for the long-range purpose of acquiring a strategically located parcel well suited for transit and/or government purposes. Parcel 2, located at 710 Court St. is approximately 0.94 acres of vacant land, acquired by the City on 8/26/2011 at the purchase price of $1,950,000.00 for the long-range purpose of acquiring a strategically located parcel well suited for transit and/or government purposes. Parcel 3, located at 701 Franklin St. is approximately 0.26 acres in size with a 5,600 SF warehouse located thereon. The parcel was acquired by the CRA on 08/05/2019 at the purchase price of $525,000.00 for the purpose of acquiring a strategically located parcel to assemble with the adjacent City owned parcels Draft City Council Meeting Minutes June 17, 2021 Page 13 City of Clearwater for future transit or governmental purposes. This declaration of surplus shall apply to the subject parcels as the City’s interest may appear as of this date, vested or equitable, and bind said parcels upon title vesting in the City at such time as the City closes on Parcel 3. The appraised value of the combined three parcels as determined by James Millspaugh & Associates, Inc., is $3,600,000.00 and by Tobias Realty Advisors, is $3,300,000.00. The following excerpts, taken from the City of Clearwater Planning Department’s Downtown Development Plan, support an intermodal transit facility in downtown Clearwater. • Objective 2J: Pursue a premium transit system between Downtown, Clearwater Beach, Tampa International Airport, and St. Pete/Clearwater International Airport. • Objective 2D: Maintain and improve the Pinellas Trail as both a recreational amenity and as a unique opportunity for economic development. Enhance Trail connectivity from the Downtown to the waterfront and Beach. Promote Downtown Clearwater as a destination accessible by the Pinellas Trail. • Policy 10: The CRA may evaluate participating with the private sector in land assembly to facilitate projects consistent with this Plan. • Table 4.4: Coordinate with all transportation service providers on infrastructure and program improvements including the water taxi, trolley, bus system, rail, elevated transit, bike share and others. • Table 4.5: Work with the County to create a comprehensive transit plan. City management has reviewed and support declaring the three parcels surplus. Councilmember Bunker moved to declare three parcels of certain real property in Section 15, Township 29 South, Range 15 East, located at 704 Court St., 710 Court St. and 701 Franklin St., in Clearwater, Florida, as surplus for the purpose of conveying the three parcels to the Pinellas Suncoast Transit Authority (PSTA) in exchange for a parcel owned by the PSTA located at the northwest corner of South Garden Avenue and Pierce Street, Clearwater, Florida, in order to effectuate PSTA’s construction of a new Multimodal Transit Facility. The motion was duly seconded and carried unanimously. 8.8 Continue to July 15, 2021: Approve the annexation, initial Future Land Use Map designations of Residential Low (RL) and Water/Drainage Feature Overlay and initial Draft City Council Meeting Minutes June 17, 2021 Page 14 City of Clearwater Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1732 Evans Drive; the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1800 Diane Drive; and pass Ordinances 9463-21, 9464-21, and 9465-21 on first reading. (ANX2021-04005) These voluntary annexation petitions involve two parcels of land totaling 0.382-acres. The two parcels are occupied by single-family dwellings. The properties are located generally south of Sunset Point Road, west of McMullen Booth Road, north of SR 590, and east of US Highway 19 North. The applicants are requesting annexation in order to receive sanitary sewer and solid waste service from the City. The properties are located within an enclave and are contiguous to existing city limits in at least one direction. It is proposed that the property located at 1732 Evans Drive be assigned Future Land Use Map designations of Residential Low (RL) and Water/Drainage Feature Overlay, and a Zoning Atlas designation of Low Medium Density Residential (LMDR), and the property located at 1800 Diane Drive be assigned a Future Land Use Map designation of Residential Low (RL) and a Zoning Atlas designation of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexations are consistent with the provisions of Community Development Code Section 4-604.E as follows: • The properties currently receive water service from Pinellas County. The closest sanitary sewer lines are located in the adjacent Diane Drive and Evans Drive rights-of-way. The applicants have paid the City's sewer impact and assessment fees and are aware of the additional costs to extend city sewer service to these properties. Collection of solid waste will be provided by the City of Clearwater. The properties are located within Police District III and service will be administered through the district headquarters located at 2851 North McMullen Booth Road. Fire and emergency medical services will be provided to these properties by Station #48 located at 1700 North Belcher Road. The City has adequate capacity to serve these properties with sanitary sewer, solid waste, police, fire and EMS service. The properties will continue to receive water service from Pinellas County. The proposed annexations will not have an adverse effect on public facilities and their levels of service; and • The proposed annexations are consistent with and promote the following objectives and policy of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City’s tax base through Draft City Council Meeting Minutes June 17, 2021 Page 15 City of Clearwater 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 properties. This designation primarily permits residential uses at a density of 5 units per acre. The proposed Water/Drainage Feature Overlay to be applied to 1732 Evans Drive recognizes the drainage easement along the western boundary of the property. The proposed zoning district to be assigned to the properties is the Low Medium Density Residential (LMDR) District. The use of the subject properties is consistent with the uses allowed in the District and the properties exceed the District’s minimum dimensional requirements. The proposed annexations are therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and • The properties proposed for annexation are contiguous to existing city limits in at least one direction; therefore, the annexations are consistent with Florida Statutes Chapter 171.044. Vice Mayor Hamilton moved to continue Item 8.8 to July 15, 2021. The motion was duly seconded and carried unanimously. 8.9 Continue to July 15, 2021: 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 2248 NE Coachman Road, together with certain abutting right-of-way of NE Coachman Road (SR 590) and pass Ordinances 9466-21, 9467-21, and 9468-21 on first reading. (ANX2021-04006) This voluntary annexation petition involves a 0.158-acre property consisting of one parcel of land occupied by a single-family dwelling. The property is located on the northeast corner of Berkley Place and NE Coachman Road (SR 590). The applicant is requesting annexation in order to receive sanitary sewer and solid waste service from the City. The Development Review Committee is proposing that the 0.005-acres of abutting NE Coachman Road (SR 590) right-of-way not currently within the city limits also be annexed. The property is located within an enclave and is contiguous to existing city boundaries to the north, west and south. 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 Draft City Council Meeting Minutes June 17, 2021 Page 16 City of Clearwater annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: • The property currently receives water service from Pinellas County. The closest sanitary sewer line is located in the adjacent Berkley Place 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 III and service will be administered through the district headquarters located at 2851 McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station #48 located at 1700 N. Belcher Road. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The property will continue to receive water service from Pinellas County. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and • The proposed annexation is consistent with and promotes the following objectives and policy of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. • The proposed Residential Urban (RU) Future Land Use Map category is consistent with the current Countywide Plan designation of the property. This designation primarily permits residential uses at a density of 7.5 units per acre. The proposed zoning district to be assigned to the property is the Low Medium Density Residential (LMDR) District. The use of the subject property is consistent with the uses allowed in the District and the property exceeds the District’s minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and • The property proposed for annexation is contiguous to existing city boundaries to the north, west and south; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. Councilmember Allbritton moved to continue Item 8.9 to July 15, 2021. The motion was duly seconded and carried unanimously. Draft City Council Meeting Minutes June 17, 2021 Page 17 City of Clearwater 8.10 Approve the contraction of the Clearwater Cay Community Development District and pass Ordinance 9437-21 on first reading. CL Clearwater LP, a Delaware limited partnership; CL Clearwater LLC, a Delaware limited liability company, doing business in Florida as CL Tampa Clearwater LLC; CL Clearwater Owner 3 LLC, a Delaware limited liability company; CL Clearwater Owner 4 LLC, a Delaware limited liability company; CL Clearwater Owner 5 LLC, a Delaware limited liability company; and CL Clearwater Owner 6 LLC, a Delaware limited liability company, owners in Clearwater Cay Community Development District (Petitioners), a community development district established by Ordinance No. 7515-05, adopted on September 15, 2005 as amended by Ordinance 7564-05, adopted on January 19, 2006 of the City Council of Clearwater, Florida, and effective on that date (City Ordinance), have petitioned the City Council of the City of Clearwater, Florida (Council), through its Petition to Amend Clearwater Cay Community Development District (Petition), to contract by non- emergency ordinance, the boundaries of the Clearwater Cay Community Development District (District). The Petition is complete in that it meets the requirements of Section 190.046(1), Florida Statutes (2020). Appropriate city staff reviewed the application and determined it to be complete and sufficient. The costs to the City of Clearwater and government agencies from contraction of the District are nominal. There is no adverse impact on competition or employment from District contraction. The persons affected by contraction are the future landowners, present landowners, the City of Clearwater and its taxpayers, and the State of Florida. Methodology is as set forth in the Statement of Estimated Regulatory Costs (SERC) on file with the City. The SERC of the Petitioner pertaining to District contraction is complete and adequate, in that it meets the requirements of Section 120.541, Florida Statutes. Contraction of the District by this Ordinance, whose uniform general law charter is Sections 190.006 - 190.049, Florida Statutes, is subject to and not inconsistent with the local Comprehensive Plan of the City of Clearwater and with the State Comprehensive Plan. The area of land within the District as contracted is sufficient size, is sufficiently compact, and is sufficiently contiguous and has been developed as one functional, interrelated community. The area that is proposed to be served by the District after the contraction is amenable to separate special district government. Draft City Council Meeting Minutes June 17, 2021 Page 18 City of Clearwater Upon the effective date of this Ordinance. the Clearwater Cay Community Development District will cease to be duly and legally authorized to exist on the proposed Contraction Property and, as to the Contraction Property shall cease to exercise any of its general and special powers in accordance with, and as granted by, its uniform community development district charter as provided in Sections 190.006- 190.049, Florida Statutes. All notice requirements of law were met and complete notice was timely given. The City Attorney said the Petitioner is requesting to continue the item to July 15, 2021. Scott Clark Petitioner representative said he did not intend to request another continuance but since the work session, there appears to be a pathway to resolve the differences between the condominium owners and Community Development District. The parties involved believe consensus can be reached prior to the July 15 council meeting. Councilmember Beckman moved to continue Item 8.10 to July 15, 2021. The motion was duly seconded and carried unanimously. 9. Second Readings - Public Hearing 9.1 Adopt Ordinance 9475-21 on second reading, amending the Operating Budget for the Fiscal Year ending September 30, 2021 to reflect increases and decreases in revenues and expenditures for the General Fund, Special Program Fund, Airpark Fund, Clearwater Harbor Marina Fund, and Parking fund. Ordinance 9475-21 was presented and read by title only. Councilmember Bunker moved to adopt Ordinance 9475-21 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Hamilton, Councilmember Allbritton, Councilmember Bunker and Councilmember Beckman 9.2 Adopt Ordinance 9476-21 on second reading, amending the Capital Improvement Budget for the Fiscal Year ending September 30, 2021 to reflect a net increase of $2,137,685. Draft City Council Meeting Minutes June 17, 2021 Page 19 City of Clearwater Ordinance 9476-21 was presented and read by title only. Vice Mayor Hamilton moved to adopt Ordinance 9476-21 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Hamilton, Councilmember Allbritton, Councilmember Bunker and Councilmember Beckman 10. City Manager Reports 10.1 Accept a Sidewalk Easement from the property owner for the repair, maintenance, and replacement of a sidewalk on real property located at 604 Lime Avenue and adopt Resolution 21-23. The Sidewalk Easement will allow the City rights for repair, maintenance, and replacement of a sidewalk as the site is developed for residential use. The Engineering Department recommends acceptance of the easement. Councilmember Allbritton moved to accept a Sidewalk Easement from the property owner for the repair, maintenance, and replacement of a sidewalk on real property located at 604 Lime Avenue. The motion was duly seconded and carried unanimously. Resolution 21-23 was presented and read by title only. Councilmember Beckman moved to adopt Resolution 21-23. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Hamilton, Councilmember Allbritton, Councilmember Bunker and Councilmember Beckman 11. City Attorney Reports – None. 12. Other Council Action – None. 13. Closing comments by Councilmembers (limited to 3 minutes) Vice Mayor Hamilton recognized the city workers who have done a good job on the beach with red tide; they did a great job of staying ahead of the accumulation of dead fish and have kept issues to a minimum. Councilmember Allbritton said the City does better than other communities at keeping our beaches clean during red tide and he thanked the workers. He said Council will take a little break and will be back next month, he wished all a Happy 4th of July. Draft City Council Meeting Minutes June 17, 2021 Page 20 City of Clearwater Councilmember Beckman thanked all those who attended the meeting or tuned in. She said today is a historic day as the President declared Juneteenth a federal holiday. She said she is excited for the fireworks at Baycare Field for the 4th of July as last year the event was cancelled due to the pandemic. Councilmember Bunker said he put a video of the Clearwater High School graduation ceremony on his Youtube channel; he has a great shot of the kids tossing their caps in the air. 14. Closing Comments by Mayor Mayor Hibbard reviewed recent and upcoming events, congratulated the Countryside and Clearwater 2021 high school graduates, and congratulated Issay Gulley on her retirement and for receiving the Key to the City. 15. Adjourn The meeting adjourned at 6:59 p.m. Mayor City of Clearwater Attest City Clerk Draft Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9381 Agenda Date: 7/15/2021 Status: Agenda ReadyVersion: 1 File Type: MinutesIn Control: City Council Agenda Number: 5.2 SUBJECT/RECOMMENDATION: Approve the minutes of the May 25, 2021 Strategic Planning Special Council Meeting. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 7/14/2021 City Council Meeting Minutes May 25, 2021 Page 1 City of Clearwater City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 Meeting Minutes Tuesday, May 25, 2021 1:00 PM Strategic Planning Session to Review 5-year Financial Forecast Main Library - Council Chambers City Council Draft City Council Meeting Minutes May 25, 2021 Page 2 City of Clearwater Roll Call Present: 5 - Mayor Frank Hibbard, Vice Mayor Hoyt Hamilton, Councilmember 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 1:00 p.m. 2. Citizens to be heard re items not on the agenda - None 3. City Manager Verbal Reports 3.1 Strategic Planning Process Presentation The Florida Institute of Government will give a presentation regarding the recently started Strategic Planning Process. This will include the various phases of the process as well as a timeline. FIOG Director Angela Crist provided a PowerPoint presentation and led Council in an activity in which Councilmembers cited milestones that impacted Clearwater throughout its history. In response to questions, Ms. Crist said she has not conducted the strategic planning process in the middle of a new city manager search. She has conducted the process during an election period; she held one-one-one meetings with the newly elected officials to review the process and data reports. She said Dr. John Daly will conduct the citizen survey. The citizen and employee surveys will create a statistically sound foundation for the focus group topics. Ms. Crist, Dr. Daly, and Dr. Stephen Neely will be involved with the focus groups. Ms. Crist led Council through an activity in which two groups of Council described the City's accomplishments from 2021 through 2031. Draft City Council Meeting Minutes May 25, 2021 Page 3 City of Clearwater In response to questions, Ms. Crist said the activities today will be similar to those used during the citizen engagement process to help mold a city vision. She is coordinating with city staff to obtain information from the National Research Center to ensure residents are not bombarded with surveys or duplicate questions. Historically, information about the citizen survey has been provided via utility billing, emails, and flyers at recreation centers. The employee survey will be disseminated to all city employees. Ms. Crist said the citizen and employee surveys are conducted anonymously. 3.2 Long term financial forecasts for General Fund and major utility funds Review of long-term financial forecasts for the General Fund and the major utility funds consisting of Water & Sewer; Stormwater; Gas, and Solid Waste & Recycling. Finance Director Jay Ravins provided a PowerPoint presentation. In response to questions, Mr. Ravins said the City received its 50% allocation of $11,241,946.50 in Coronavirus State and Local Fiscal Recovery funds last week; the other 50% will be provided within one year. The City has until December 31, 2024 to commit the funds and an additional two years to expend the funds. Mr. Ravins said any funds not expended by December 31, 2026 must be returned. The funds have not been allocated yet; staff will brainstorm and present a list of proposed projects to Council at a future date. Spending the funds will not be an issue since stormwater projects are eligible expenditures. He said the utility reserve fund has been diminishing due to ambitious master plans in process. The master plans are not fully reflected in the current forecast because they are still in process and will identify projects the City cannot afford or include items the City is not willing to take the required rate increase. He said the master plans are designed to identify the City's needs; staff will work with the rate study consultants to determine an affordable balance and future rate increases. He said a lot of the excess reserves reflect cash that has been designated for advanced funding of capital projects. Public Utilities Director Rich Gardner said state legislation recently approved may require the Department to reprioritize projects identified in the master plans. 3.3 Discuss Penny for Pinellas project list, proposed project changes and reallocation of funding. Draft City Council Meeting Minutes May 25, 2021 Page 4 City of Clearwater In response to questions, Engineering Director Tara Kivett said past reports identified that the Sand Key Bridge be replaced in 2045, fifty years from when it was constructed. The 50-year timeframe is a very conservative approach. Staff discussed the matter with Pinellas County, Department of Transportation, and structural engineers and determined that based on the bridge's construction, a 75-year replacement period is more appropriate. She said the City inspects all of its vehicular bridges once every two years. The Sand Key bridge was inspected this January and no signs of deterioration associated with a 50-year replacement was identified. Assistant City Manager Micah Maxwell said staff did not feel comfortable utilizing tax dollars collected between 2020 and 2030 for a project that was so far out. Ms. Kivett said given the results of the recent inspection, there is evidence of some scouring and need for minor repairs but overall, the bridge is in good shape. Budget Manager Kayleen Kastel said the Penny proceeds identified in 29/30 are lower because it accounts for only a portion of the funding cycle. 3.4 Minimum Wage Implementation Proposal Florida Amendment 2 (2020) provides for a 73.4% increase to minimum wage effective September 30, 2026, with annual adjustments beginning on September 30, 2021, and ending at $15. The Human Resources Department reviewed comparators plans for implementation, and the majority will have implemented in the current year. Staff reviewed several options, consulted with PSPC, and recommending an October 1, 2021 implementation of $15/hour along with two options for compression adjustments. HR Manager Billie Kirkpatrick provided a PowerPoint presentation. In response to a question, HR Director Jennifer Poirrier said if there was council consensus to move forward with the proposed plan, staff will prepare an agenda item for the next meeting. She will begin negotiating with the CWA. She said all CWA members would receive an increase but members will not receive the same increase. The City Manager said the intent is to include the minimum wage implementation in the preliminary budget. Assistant City Manager Micah Maxwell said staff will present an agenda item to Council at the June 14 work session. Draft City Council Meeting Minutes May 25, 2021 Page 5 City of Clearwater There was council consensus to proceed with Scenario 2. The Council recessed from 2:37 p.m. to 2:48 p.m. 3.5 Code Enforcement Staffing Responsibilities of Code Compliance Division and Current Staff Levels and Budget The Code Compliance Division of the Planning and Development Department is tasked with ensuring property is maintained in a manner consistent with community standards established in the Community Development Code and Code of Ordinances. The Division is also responsible for the administration and enforcement of the Business Tax Receipt program, which generates approximately $2,000,000 annually. The Code Compliance Division budget for FY 2020/21 is as follows. Salary + Benefits $934,404 Other Operating and Internal Charges $283,730 Total Budget $1,218,134 A total of 14 FTEs and one 0.5 seasonal FTE are funded in this budget. •1 Manager •1 Inspection Specialist •9 Inspectors •1 Sign Inspector •2 Development Review Technicians/Specialists •.5 Seasonal Customer Service Representative (during BTR renewal season) The duties of a Code Enforcement Inspector focus on receiving and investigating complaints and identifying violations proactively while patrolling one of nine geographic assigned zones. Inspectors evaluate property, identify areas of noncompliance, communicate with property owners/tenants, and explain how to remedy violations with the goal of achieving voluntary compliance. They also conduct follow-up inspections to determine progress with the violation and communicate updates to the violator and any complainant that has provided contact information. In addition to the actual work of identifying violations and working with owners to resolve them, Inspectors have a significant amount of administrative work Draft City Council Meeting Minutes May 25, 2021 Page 6 City of Clearwater associated with case management which involves documenting all aspects of an investigation in the Department’s property management system (Accela). If voluntary compliance is not gained, Inspectors also need to prepare and issue Notices of Violation or Notices to Appear and ultimately prepare all documentation and materials for those hearings if violations are not corrected. Code Enforcement Inspectors also communicate and engage with the public via email, phone and in the field. They coordinate with other city departments to resolve issues and work with outside organizations/agencies to facilitate assistance for those owners lacking resources and/or abilities to comply. Lastly, Inspectors attend neighborhood/homeowner association meetings in their assigned zone as needed. On average Inspectors spend approximately 50% of their time in the field, 35% on administrative tasks and 15% on customer contact via phones/email. Options for Increased Code Compliance Staffs Levels Doubling of Code Compliance Staff For purposes of the Strategic Priorities discussion, the Department was tasked with determining costs of doubling inspectors in the Code Compliance Division. To manage such an increase in inspectors, additional supervisory and customer service support would be required which would include the reclassification of one existing position. The proposal to expand staffing levels would include the addition of 11 FTEs as follows. •2 Code Enforcement Supervisors (+1 FTE and Reclassification of 1 FTE) •9 Inspectors •1 Customer Service Representative This increase would result in a total staffing level of 25.5 FTEs. The costs to fund the additional salary and benefits and operating costs are as follows. Salary + Benefits $625,085 Other Operating and Internal Charges $199,030 Annual Increase $824,115 1-Time Equipment & Software Purchases (excluding office furniture) $241,002 Total First Year Increase $1,065,117 This increase in staff would enable the Division to create a total of 17 inspection zones that would have much smaller areas to patrol. It would also provide for the reestablishment of a dedicated BTR Inspector, needed customer service/inspector support and provide an appropriate supervisory span of control. It is my opinion this level of resources is excessive, and goals can be met with fewer new FTEs. Ideal Code Compliance Staff Levels A robust but more ideal increase in resources for the Code Compliance Division would result in the addition of six new FTEs. Draft City Council Meeting Minutes May 25, 2021 Page 7 City of Clearwater •2 Code Enforcement Supervisors (+1 FTE and Reclassification of 1 FTE) •4 Inspectors •1 Customer Service Representative This proposal would increase the total number of staff from 14.5 to 20.5 FTEs, increase the number of inspection zones from nine to 12 providing each Inspector with a more manageable area to patrol in the densest areas of the city. This scenario would also re-establish one BTR Inspector and provide appropriate levels of supervision and customer service support. The additional costs to fund salary and benefits and operating cost of this increase (6 FTEs) is as follows. Salary + Benefits $341,049 Other Operating and Internal Charges $106,590 Annual Increase $447,639 1-Time Equipment and Software Purchases (excluding office furniture) $122,982 Total First Year Increase $570,621 Strategic/Conservative Increase in Code Compliance Staff Levels If City Council decides more resources are needed to achieve its code enforcement goals, I believe a more targeted and incremental approach to expanding staff resources would be prudent. The current gaps in the Division are in three areas – administrative support for the existing Inspectors, BTR enforcement and appropriate management levels; therefore, Council may want to consider the addition of three new FTEs which would bring staffing levels to a total of 17.5 FTEs. •1 Code Enforcement Supervisor •1 Inspector (dedicated to BTRs) •1 Customer Service Representative This proposed increase would reduce administrative work (e.g. departmental phone coverage, opening cases in Accela, preparing certified mailings, etc.,) for Inspectors that currently takes time from an Inspector’s field work and enforcement activities. This staffing option also would provide needed management assistance as the current span of control is large considering the diversity of functions in the Division and the needed level of customer interaction. Lastly, this proposal would also eliminate the need of current Inspectors to perform work associated with BTR investigations. Having a dedicated BTR inspector may also result in increased revenues from the city’s BTR program. The costs associated with this staffing option is as follows. Salary + Benefits $167,013 Other Operating and Internal Charges $51,127 Annual Increase $218,140 Draft City Council Meeting Minutes May 25, 2021 Page 8 City of Clearwater 1-Time Equipment and Software Purchases (excluding office furniture) $50,290 Total First Year Increase $268,430 It should be noted that none of the above scenarios include the costs of furniture/cubicles for additional staff and it is unclear how new staff could be accommodated within existing Department space. In response to questions, Planning and Development Director Gina Clayton said staff reviewed the existing zones and adjusted them to a more appropriate size. She said some areas have more structures, older areas of the city have multiple dwelling structures, older housing stock have more violations than the newer areas, and some areas look larger because they include county land. Top of the World is located in Zone 7. She said Zones 11, 12, 15, 4, 3, and 6 have greater density. Ms. Clayton recommended an incremental approach, adding 3 FTEs, evaluating later staff's accomplishments and consider adding additional staff if needed. She said code enforcement staff rotate a list of properties to inspect every Saturday. Staff conducts special inspections of properties where violations are known to occur during certain hours. Code Enforcement Manager Ken Pieslack said staff meets weekly to identify problem areas. He does not believe the recently approved state bill disallowing anonymous code enforcement complaints will impact the Department's workload. He said during a recent staff meeting, staff identified the need to hire a code enforcement customer service representative; inspectors are spending a lot of time answering phone calls while trying to enter new case information. Ms. Clayton said due to the state bill, staff will ignore anonymous code enforcement complaints. Code Inspector Ryan Odegaard said staff needs an employee dedicated to answering phone calls. He said the 2,000 BTRs in the red status symbolize $2 million in potential revenue for the city. In response to a question, Mr. Odegaard said it is not necessary to double the number of inspectors as staff can currently manage workloads for their assigned zones. 80% of his workload is proactive. He suggested increasing staff with 1 BTR employee, 1 customer service representative, and 1 supervisor. Code Inspector Shelby Brown supported three additional employees. She said the City's property inventory is aging and when she first joined the Department, properties were better maintained because there were Draft City Council Meeting Minutes May 25, 2021 Page 9 City of Clearwater more code inspectors to enforce city code. Code Inspector Jason Hauser said the City's enforcement mechanisms are limited. He said one of the major issues is the City assesses many fines and liens but do not reclaim those funds or foreclose on properties. He suggested that the new city attorney address the matter. The City Attorney said staff is aware of Mr. Hauser's concerns and that he does not agree with how the City is handling the matter. In response to questions, the City Manager said the majority opinion among staff is to add 3 additional FTEs, as a baseline for future evaluations. There are internal measures in the BTR division to evaluate the effectiveness of the additional FTE. He said staff will need to develop some measures to evaluate the code enforcement division. Mr. Pieslack said even if the number of code inspectors was doubled, problem properties will not go away. When the code enforcement process has been exhausted, Legal takes over to begin the foreclosure review process. 3.6 Real Time Crime Center The Police Department will provide an overview of the Real Time Crime Center to include the technologies in use, operation of the center, general overview of staffing, and successes of the center. Police Chief Daniel Slaughter provided a PowerPoint presentation. In response to questions, Chief Slaughter said there are security cameras in the N. Mandalay parking garage; staff is discussing the ability of getting live access to the video feed. The proliferation of bars in Clearwater Beach has created a different atmosphere. The management of the N. Mandalay parking garage has added additional staff to help address the safety concerns raised by patrons. 3.7 Discuss social services funded by the City of Clearwater. Since Fiscal Year (FY) 95-96, the Economic Development & Housing Department has provided funding support to numerous organizations for services and facilities that address priority needs identified in the city’s Draft City Council Meeting Minutes May 25, 2021 Page 10 City of Clearwater HUD-required Consolidated Plan (Plan). The Plan is reviewed/evaluated every 5 years to ensure that goals and objectives identified in the Plan are aligned with documented needs. Each year, Economic Development and Housing Department (ED&H) solicits grant applications for public services and facilities projects that address the needs identified in the Plan. For FY2020/2021 -FY2024/2025 Consolidated Plan, the following Goals are supported by Community Development Block Grant (CDBG) funds: 1. Housing - providing availability of, and accessibility to, decent affordable housing; 2. Homelessness - helping to prevent and reduce homelessness; 3. Non-homeless Special Needs - expanding the accessibility; and coordination of social services to special needs populations; 4. Community Development and Public Services - enhancing the living environment for persons in low- and moderate-income areas through community development activities, public service programs and elimination of blight; 5. Economic Development - Supporting programs that create economic opportunities particularly for persons of low- and moderate-income and in Neighborhood Revitalization Strategy Areas; 6. Emergency/Disaster Response - Providing assistance prior to, during and after a community emergency and/or disaster event (2020). Importantly, ED&H also utilizes other sources of funds (HOME, SHIP, Pinellas County Housing Trust Fund) in the form of loans, deferred loans, and loans-to-grant to support these efforts. From approximately 1996 to 2012, the direct expenditure of General Fund revenues to support these efforts were limited. Records indicate an annual allocation of $19,400 to the organization now known as Homeless Leadership Alliance. In 2012, strategic and tactical approaches began to take shape following the city’s engagement of Dr. Robert Marbut, a homeless consultant and professor. Since that time, the City has been intently focused on the micro and macro issues surrounding homelessness in our community. A comprehensive approach to this issue, led by City Manager Horne, has yielded a dramatic and measurable decrease in street-level homelessness and an awareness and understanding of the top causes of homelessness (according to National Law Center of Homelessness & Poverty) that persist: 1. Lack of affordable housing; Draft City Council Meeting Minutes May 25, 2021 Page 11 City of Clearwater 2. Unemployment; 3. Poverty and low wages; 4. Mental illness and lack of needed services; and 5. Substance abuse and lack of needed services. Over the past 10 years (FY11-12 through FY20-21*), the city has committed up to $250,000 annually in General Funds to 6 organizations that align with the city’s philosophy toward solving homelessness in our community. To date, ED&H has allocated more than $6.2 million in direct grant funding** to organizations: Community Development Block Grant (CDBG) Program (HUD) $3,998,510 64% General Fund (City ad valorem) $2,220,300 36% TOTAL $6,218,810*** 100% * Includes FY2020-2021 expenditures, year to date. ** Does not include other funding sources which may be administered by other departments and utilized for similar purposes. ** Figures above do not include loans or subsidies for income-based affordable housing, façade improvement loans-to-grants, or funding allocations associated with COVID-19. Services and facility improvements funded by these sources include, but are not limited to: • Self-sufficiency programs, family services, and ex-offender re-entry programs • Shelters, transitional housing, and permanent supportive housing programs and facilities, including those serving families, pregnant women, and victims of domestic violence • Services for elderly and elderly disabled • Mental health, alcohol and substance abuse services and facilities • Medical and dental clinics providing no- or low-cost services Administration of Funds: Annually, the department solicits grant applications from non-profit organizations that meet HUD eligibility criteria for CDBG funding. Applications are independently reviewed and ranked by a Technical Review Committee. Staff reviews each application to determine eligibility and whether the applicant has the organizational and financial capacity to carry out the proposed activity. Staff then prepares the budget distribution for the Neighborhood and Affordable Housing Advisory Board which then makes a recommendation of approval by City Council. Allocation of funding to these organizations is subject to federal, Draft City Council Meeting Minutes May 25, 2021 Page 12 City of Clearwater state and city review, monitoring, and auditing requirements. Distribution of General Fund monies to 6 organizations is not competitively bid. Quarterly reports are received and reviewed by Community Development Coordinator to ensure expenditure of funding is for homeless-related services. Councilmember Bunker exited Chambers at 3:39 p.m. and returned at 3:42 p.m. It was suggested that the City's annual contribution be increased to $500,000 and that Mayor Hibbard, with the help of Mayors Kriseman and Brown, make an appeal to other Pinellas municipalities to contribute to the continuum of care (COC). It was stated that the City's contribution has been $250,000 for the last ten years and that case management and wrap around services are needed. A comment was made that the beach communities do not have as much revenue to contribute to the COC. The City Manager said there is no mandate for the City to spend for social services and he did not feel that he had that mandate as the city manager. He brought to Council a way of addressing the most critical homeless issue the City is facing, the chronic homeless. For the last ten years, the City has been contributing $100,000 to Safe Harbor and $150,000 to Continuum of Care. He said both of the organizations provide services that address the City's problem. If Council wishes to spend more general fund dollars for social service agencies, which is a county function, then Council must provide that direction. It was stated that the topic should be part of the strategic planning process and that citizens should be given the opportunity to decide if they want more general fund revenues diverted to social services. Economic Development and Housing Director Denise Sanderson said if general fund dollars are dedicated for a targeted use, regulations must be established in order to vet and determine an organization's ROI. She said this would be a departure from the current CDBG process that only requires a stated letter from the organization. Ms. Sanderson said the City has received additional American Rescue Plan funds, approximately $1.6 million, that can be used to fund homeless supportive services. Staff would also like to explore leveraging some of those funds to address the short-term family shelter needs in the community. Draft City Council Meeting Minutes May 25, 2021 Page 13 City of Clearwater In response to questions, Ms. Sanderson said the $1.6 million must be spent by 2030. Ms. Crist said "support for social services funded by the City" can be included in the SWAT question of the citizen survey. Ms. Sanderson said the City is expecting $779,230 in SHIP funds for the next fiscal year; over the last five years, including the zero funds for last year, the average amount received was $304,000. The City Manager said council, as policy makers, are in the position to determine how the general fund dollars should be spent. If Council wishes to increase the amount, they can set the policy. Support was expressed to increase the City's contribution, to consider where the funds would be directed to, and to include a question in the strategic planning citizens survey. 4. Adjourn The meeting adjourned at 4:15 p.m. Mayor City of Clearwater Attest City Clerk Draft Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9382 Agenda Date: 7/15/2021 Status: Agenda ReadyVersion: 1 File Type: MinutesIn Control: City Council Agenda Number: 5.3 SUBJECT/RECOMMENDATION: Approve the June 9, 2021 and June 14, 2021 Special Council Meeting Minutes regarding City Manager Candidates. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 7/14/2021 City Council Meeting Minutes June 9, 2021 Page 1 City of Clearwater City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 Meeting Minutes Wednesday, June 9, 2021 4:00 PM Special Meeting Main Library - Council Chambers City Council Draft City Council Meeting Minutes June 9, 2021 Page 2 City of Clearwater Roll Call Present: 5 - Mayor Frank Hibbard, Vice Mayor Hoyt Hamilton, Councilmember David Allbritton, Councilmember Mark Bunker and Councilmember Kathleen Beckman Also Present: William B. Horne II – City Manager, Pamela K. Akin - City Attorney, and Rosemarie Call – City Clerk. To provide continuity for research, items are listed in agenda order although not necessarily discussed in that order. Unapproved 1. Call to Order – Mayor Hibbard The meeting was called to order at 4:00 p.m. 2. Citizens to be heard re items not on the agenda Dina Ramos suggested that the new city manager should be local, have roots in Clearwater and should represent the people of Clearwater. 3. Other Council Action 3.1 Discuss city manager candidates. City manager candidate Michael Cernech withdrew his application on Monday, June 7. Council will discuss next steps. Human Resources Director Jennifer Poirrier said Council selected five finalists to interview and participate in a community forum that is scheduled to occur next week. There are currently two candidates remaining. Staff is requesting direction on whether Council wishes to proceed with the two remaining candidates or start a new search. Discussion ensued with council consensus to move forward with the two remaining candidates. In response to questions, Ms. Poirrier said Council will be provided a bank of questions to use during the interviews. Council may use their own Draft City Council Meeting Minutes June 9, 2021 Page 3 City of Clearwater questions in the one-one-one sessions. She said any notes taken during the process is a public record and must be provided. 4. Adjourn The meeting adjourned at 4:19 p.m. Mayor City of Clearwater Attest City Clerk Draft City Council Meeting Minutes June 14, 2021 Page 1 City of Clearwater City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 Meeting Minutes Monday, June 14, 2021 9:00 AM Emergency Council Meeting Main Library - Council Chambers City Council Draft City Council Meeting Minutes June 14, 2021 Page 2 City of Clearwater Roll Call Present: 5 - Mayor Frank Hibbard, Vice Mayor Hoyt Hamilton, Councilmember David Allbritton, Councilmember Mark Bunker and Councilmember Kathleen Beckman Also Present: William B. Horne – 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 9:00 a.m. 2. Citizens to be heard re items not on the agenda – None. 3. Other Council Action 3.1 Discuss city manager candidates and next steps. One individual submitted an eComment regarding the Baker Tilly's performance which was read into the record by the City Clerk (see page 5). HR Director Jennifer Poirrier said staff was informed that one of the candidates was unable to attend this week's interview process due to a personal emergency situation. The candidate is still interested in the process but unable to attend this week. She said all activities and meetings related to the interview process have been cancelled. She said Council may reschedule the interview process with the two remaining candidates or redo the city manager search process. Ms. Poirrier said if there is no successful selection, Baker Tilly's contract provides that the recruitment process will continue at no additional cost, except for the advertisement costs. Since an RFP was conducted, Council may also choose another recruitment firm to conduct the search. She said Council may also use a new recruiter in Baker Tilly to redo the search. Ms. Poirrier said if Council chooses to redo the search, the new search will coincide with the city attorney search. Draft City Council Meeting Minutes June 14, 2021 Page 3 City of Clearwater In response to questions, Ms. Poirrier said both candidates are still interested in participating in the process. She said rescheduling the interview process may be difficult based on council conflicts through July. Clearwater has not used Baker Tilly in the past. The contract included language that the recruiter is to hold telephone interviews prior to submitting a list of potential finalists to Council. She said she will communicate to Baker Tilly that the City expects them to fulfill all items outlined in the contract. The recruiter is supposed to keep all candidates well informed of the interview process. Discussion ensued with support expressed to restart the recruitment process with Baker Tilly and a new recruiter. A comment was made that Council was prepared to proceed with the two remaining candidates and follow through with the current process. It was suggested that the final two candidates should be in the final mix if the recruitment process is restarted. One individual questioned if the background checks were completed on the two final candidates and expressed concerns with how the consultant handled the process. Councilmember Allbritton moved to restart the city manager recruitment process with Baker Tilly and a new recruiter. The motion was duly seconded and carried with the following votes: Ayes: 4 - Mayor Hibbard, Councilmember Allbritton, Councilmember Bunker and Councilmember Beckman Nays: 1 - Vice Mayor Hamilton 4. Adjourn The meeting adjourned at 9:17 a.m. Mayor City of Clearwater Attest City Clerk Draft 4 5 Florida Fire Prevention Code HB 1209, sponsored by Senator Ed Hooper and supported by Representative Nick DiCeglie, was recently passed by the Florida Legislature and signed by Gov. DeSantis. It states: "633.202 Florida Fire Prevention Code: The authority having jurisdiction shall determine the minimum radio signal strength for fire department communications in all new high-rise and existing high-rise buildings. Existing buildings are not required to comply with minimum radio strength for fire department communications and two-way radio system enhancement communications as required by the Florida Fire Prevention Code until January 1, 2025. However, by January 1, 2024, an existing building that is not in compliance with the requirements for minimum radio strength for fire department communications must apply for an appropriate permit for the required installation with the local government agency having jurisdiction and must demonstrate that the building will become compliant by January 1, 2025. Existing apartment buildings are not required to comply until January 1, 2025. However, existing apartment buildings are required to apply for the appropriate permit for the required communications installation by January 1, 2024." The law does not state how to make buildings compliant nor who is responsible. Since this is a national issue, other US Counties have taken a pro -active role. For example, Nassau County New York installed repeaters on telephone poles; Fayette County Georgia installed additional towers; Sarasota and Manatee Counties installed an advanced, 18 -tower public P25 radio system. There are many other examples of Counties addressing this issue. These Counties did not simply want to replace old for new, but rather desired to enhance and improve the radio system's performance in order to better support the present and future needs of their public safety users. Pinellas County has yet to begin. Their Radio & Technology Services have a mandate to help resolve any communication problems and recommend solutions to best suit their customer's needs." (Quote from their website.) We recommend that Pinellas County Commissioners initiate a Public -Safety Communication Systems study by a neutral organization recommending enhancements to their current communication system to comply with HR 1209 and then commission a firm to implements these enhancements. We ask that the Clearwater City Council support this recommendation. CaII, Rosemarie From: Sent: To: Subject: Attachments: Fred Irwin <fredirwin0l @gmail.com> Tuesday, July 13, 2021 12:41 PM ClearwaterCouncil Greetings Florida Fire Prevention Code - One Pager.docx 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. Dear Rosemarie: It was nice chatting with you recently and thank you for the information. As I mentioned, I would like to attend the City Council Meeting on July 15th and speak for 3 minutes. I would like to submit the attached one -pager for the City Council. I am looking forward to meet you and all the best. Fred PS: My address is: Fred Irwin 1590 Gulf Blvd. Apt. 504 Clearwater, FL 33767 727 444 0673 1 INDIVIDUAL SPEAKER Citizen Comment Card Name: t 'i'r/Ct1(,: (.ttCCQla/?le Address: 536 Cte u'r` lC City: i r' rbt.,f'_ CZ) Zip: X37 S j Telephone Number: l " 567- X51 r r, /6EmailAddress: jU ?/) / Speaking under citizens to be heard re items not on the agenda? 14 Agenda item(s) to which you wish to speak: 1-'Y ILiVk.t aiAitit4/C. 010 WX/Le 6-4" aectezve_tc_ What is your position on the item? For Against ti INDIVIDUAL SPEAKER Citizen Comment Card Name: Address: City: 15-() Zip: Telephone Number: - ul • Email Address: Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak: What is your position on the item? 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Agenda item(s) to which you wish to speak. 3.3- Fog bl y Fte.OA,4,0 6t- (1appo What is your position on the item? For X Against INDIVIDUAL SPEAKER Citizen Comment Card INDIVIDUAL SPEAKER Citizen Comment Card Name: 77-,e_a_c/z,f(- Address: City: 6(4 !` Zip: J 76 7 Telephone Number: Email Address: d/ (--- SpeakingSpeaking under citizens to be heard re Pie° C 63' items not on the agenda? 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: `' ( 5.fl1etee Av. City: ox to ctt zip: 7L. Telephone Number: Email Address: tt61/4 dek( ' & W(( 90. 3 Speaking under citizens to be h and re items not on the agenda? Agenda item(s) to which you wish to speak. eC,CL&- An() What is your position on the item? For Against INDIVIDUAL SPEAKER Citizen Comment Card Name: Address: P ` City: e , r Zip: 33 - G Telephone Number: !-2. 7 Yc O S' 7 7 Email Address: Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak: What is your position on the item? For Against INDIVIDUAL SPEAKER Citizen Comment Card Name:Le 9 ,ZW f Address: /j .6 61 J/(C a City: CR4t1744"1— Zip: 7/X7u Telephone Number: Email Address: 7-a4 y ?, i %oIk%AJi/JA 1fir6:? C Speaking under citizens to be heard re items not on the agenda? EJ Agenda item(s) to which you wish to speak: What is your position on the item? For Against INDIVIDUAL SPEAKER Citizen Comment Card Name: 2 " Address: / v /?), (A-dood aw City Zip: Telephone Number: 7 ^ 4EmailAddress: ' ez,b, 4 Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak. What is your position on the item? For Against INDIVIDUAL SPEAKER Name: Citizen Comment Card Address: r8 3 City: ( (CP' 4a,, ( " /q0c7 1/enc f iCi N Pct ()+ b - Zip: 33337S S Telephone Number: 72 7 9Y2 '3 2. -LK Email Address: Yy)...( (tee co e ' / • G/- Speaking under citizens to be heard re items not on the agenda? l Agenda item(s) to which you wish to speak. Oro t'Oct Y (cmrk'14 7 (CI ,-- What is your position on the item? For Against INDIVIDUAL SPEAKER Citizen Comment Card Name: -)6/41-, 1e7,6s®06 Address: ‘2Z--- r ! /2E6 Fa e • W City. CI.Ei4eibLI04T k_ Zip: '374 Telephone Number: 72 7 ` -3c 75 Email Address: )4 /I -d_ • 416.")..1G a4, 4 7 -- Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak. '3' L - i - c What is your position on the item? For Against INDIVIDUAL SPEAKER Citizen Comment Card Name:.76fL& a,OS60( Address: ,4,? -47/ CT, (1), City: C,eC2'i4-'1-11\ Zip: 7a. Telephone Number: 7'- 7r 'MC - 76 Email Address: G,C_,itisr) 04, Af-7-- Speaking J4,-7- Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak. 1-.L5C-7b t Q(J.Ls7`/D,t1S What is your position on the item? For Against _ INDIVIDUAL SPEAKER Citizen Comment Card Name: Z1 4,4'1 Address: c' / ,mil Ha 7 v y S City: (1 Cs2i zip. 33 7G 3 Telephone Number: .7.27— 7 Email Address: Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak- 7'1 ice, 4/Liefrtej rw What is your position on the item? For Against Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9409 Agenda Date: 7/15/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Economic Development & Housing Agenda Number: 7.1 SUBJECT/RECOMMENDATION: Approve the Advantage Pinellas Housing Compact between the municipalities within Pinellas County, the Pinellas County Board of County Commissioners and Forward Pinellas and authorize the appropriate officials to execute same. (consent) SUMMARY: Pinellas County staff organized a Countywide Housing Strategy Tactical Team to establish the framework and terms of a countywide approach to affordable housing. City staff from the Economic Development and Housing Department and the Planning and Development Department participated in the Tactical Team meetings. The goal was to create an organized, countywide approach to meeting residents’ needs for rental and ownership housing affordability. Under the Compact, the parties agree to work toward developing strategies on several issues that impact availability and quality of housing as well as racial, social, economic, and geographic equality. Strategies include partnering with various stakeholders to implement the Compact and coordinating among jurisdictions to develop goals, and shared terminology/definitions addressing affordable housing. The partners also agree to work toward developing a centralized data repository and performance metrics to identify needs and measure progress. While the Compact creates a coordinated framework for addressing affordable housing needs, the partners agree to do so while respecting the autonomy of each local jurisdiction. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 7/14/2021 Clearwater City Council Work Session July 12, 2021 Countywide Housing Strategy“Connecting our Community to Housing” Create a “Countywide Compact” to unite the County and Municipalities in a common and coordinated approach to increase and preserve affordable housing which is linked to transportation, jobs, schools, workforce development, and other services throughout the county. Housing Compact - Vision 2 1. Strategic Focus Areas 2. Action Plan 3. Shared Messaging 4. Regulatory Toolkit What’s in the Compact? 3 •Connecting housing and employment •Health impacts of housing •Social and economic equity •Accessibility – age, disability, etc. •Developing broad support from public and private sectors 1. Strategic Focus Areas 4 •Identifying specific production and preservation targets •Development of common terminology and definitions •Short-, mid-, and long-term goals/strategies •Data sharing and Performance Measures 2. Developing an Action Plan 5 •Shared web presence •Social media outreach •E-blasts, print media strategy •Ongoing education program 3. Shared Messaging 6 •Increase flexibility / improve review processes •Encourage mixed-income housing types •Reduce development costs •Innovative design standards •Support for healthy lifestyles •Strategies to reduce vulnerability 4. Regulatory Toolkit 7 What’s Next? 8 2nd and 3rd QTR 2021 20223rdand 4th QTR 2021 •Compact - Partner Cities Outreach •Signing the Compact •Development of Housing Action Plan Advantage Pinellas Housing Compact This Compact is made and entered into this day of ____________, 2021, by and between the municipalities within Pinellas County, the Pinellas County Board of County Commissioners, and Forward Pinellas (“the Partners”). WHEREAS, Pinellas County is a vibrant community of nearly one million residents and 25 local governments, with a uniquely diverse array of communities and lifestyle options, and a robust local economy; and WHEREAS, the continued quality of life and economic health of our community depends on residents being able to afford safe, quality housing with multi-modal transportation to jobs and educational opportunities; and WHEREAS, residents living in stable, affordable housing are better able to participate in the workforce, obtain an education, meet daily needs, and remain healthy; and WHEREAS, employers are better able to attract and retain a stable workforce when residents can find quality affordable housing close to their workplaces, avoiding burdensome commutes; and WHEREAS, housing costs in Pinellas County are rising significantly faster than household incomes; and WHEREAS, nearly one in five households in Pinellas County is cost-burdened, spending more than 30 percent of its income on housing; and WHEREAS, lower-income, minority, and elderly residents are disproportionately likely to live in cost-burdened households; and WHEREAS, local governments play a critical role in fostering social equity through housing and development policies and strategies; and WHEREAS, Pinellas County will need an increase of nearly 1,000 affordable housing units per year this decade to keep pace with population growth; and WHEREAS, addressing the need for affordable housing will require a coordinated strategy of housing construction, rehabilitation, mitigation, preservation, and household assistance; and WHEREAS, affordable housing production depends on a combination of public, private, nonprofit, and citizen partners; and WHEREAS, there are 25 local governments in Pinellas County, each with its own affordable housing needs, resources, and policies; and WHEREAS, the citizens of Pinellas County have made a significant commitment to meeting the community’s need for affordable housing by approving the government infrastructure sales surtax in 2019 (Penny for Pinellas IV); and WHEREAS, the Board of County Commissioners has allocated a projected $80 Million of Penny for Pinellas revenue over the next ten years to preserve and develop affordable housing; and WHEREAS, Pinellas County has shown a significant commitment to providing affordable housing through its dedicated Community Housing Trust Fund and Land Trust Program; and WHEREAS, there are significant countywide resources dedicated to planning for the coordination of land use, transportation, and economic development; and WHEREAS, local governments in Pinellas County are collaborating on the economic, environmental, and societal vitality and resiliency of their respective communities, in order to support a thriving local economy and create opportunities to attract new businesses and economic investments; and WHEREAS, an integrated, cooperative, countywide approach is needed to align and maximize these resources and truly meet the need for housing affordability. NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODIES OF THE PARTNERS THAT: SECTION 1. The Partners agree to work toward a planning strategy that prioritizes locating affordable housing, jobs, educational opportunities, and workforce development resources along corridors (within ½ mile) planned for high-quality transit service as identified in the Advantage Pinellas Plan. SECTION 2. The Partners agree to work toward coordinating the development of affordable housing with planning for healthy communities, including access to parks and recreational resources, pedestrian/bicycle facilities, healthy food sources, and medical care providers. SECTION 3. The Partners agree to work toward addressing racial, social, economic, and geographic inequality in the provision of affordable housing in Pinellas County. SECTION 4. The Partners agree to work toward planning for greater resiliency, by reducing impacts to current and future housing stock through diverse and localized adaptation and building strategies designed to reduce risks from flooding, major storms, and other natural hazards. SECTION 5. The Partners agree to work toward the provision of safe, quality housing that is accessible to residents of diverse ages, abilities, and provides both rental and ownership opportunities. SECTION 6. The Partners agree to work with affordable housing developers, community groups, citizens, and other stakeholders related to the implementation of this Compact. SECTION 7. The Partners agree to work toward creating an affordable housing action plan to serve as a common, coordinated framework for addressing affordable housing needs, while respecting the autonomy of each local jurisdiction. SECTION 8. As a component of the action plan, the Partners agree to work toward developing specific goals to meet housing needs and shared terminology and definitions addressing affordable housing. SECTION 9. The Partners agree to work toward creating a joint communications and outreach program, including developing a website to serve as an information portal for residents, local businesses, developers, non-profit community organizations, and other stakeholders. SECTION 10. The Partners agree to work toward developing a centralized data repository and performance metrics to identify needs and measure progress toward the action plan. SECTION 11. The Partners agree to develop a usable regulatory toolkit for local governments, including: • A menu of regulatory incentives to encourage affordable housing construction, improvements, adaptation, redevelopment and preservation; • Regulatory strategies for encouraging market-rate housing that is diverse and affordable to a broader range of incomes, including nontraditional options such as accessory dwelling units, “missing middle” housing, tiny homes, and mixed-use buildings; and • Design standards that promote sustainability and energy efficiency, encourage healthy environments and lifestyles and make it possible to travel safely and conveniently using walking, biking, and transit. SECTION 12. The Partners agree to this Compact as an expression of their intent and commitment to work together on a countywide level to address the critical need for affordable housing in Pinellas County, but acknowledge that the governing body of each Partner retains authority over local decision-making including, but not limited to, financial and staff resources and land use regulations. SECTION 13. This Compact shall take effect upon full and proper execution and remain in place for 10 years, unless earlier terminated by the written mutual agreement of all Partners. Any Partner may individually terminate its participation in the Compact upon 30 days’ written notice to all remaining Partners. The termination by one Partner shall not affect the commitment of the Compact’s remaining Partners. FORWARD PINELLAS By: ________________________________ Print Name: _Darden Rice_____________ Title: __Chair, Forward Pinellas Board___ Date: _____________________________ Attest: By: _______________________________ CITY OF CLEARWATER By:________________________________ Print Name:_________________________ Title:______________________________ Date: _____________________________ Attest: By: _______________________________ Reviewed and Approved: By: ______________________________ CITY OF LARGO By:________________________________ Print Name:_________________________ Title:______________________________ Date: _____________________________ Attest: By: _______________________________ Reviewed and Approved: By: ______________________________ 1 CITY OF PINELLAS PARK By:________________________________ Print Name:_________________________ Title:______________________________ Date: _____________________________ Attest: By: _______________________________ Reviewed and Approved: By: ______________________________ 1 CITY OF ST. PETERSBURG By:________________________________ Print Name:_________________________ Title:______________________________ Date: _____________________________ Attest: By: _______________________________ Reviewed and Approved: By: ______________________________ 1 PINELLAS COUNTY By: ________________________________ Print Name:_________________________ Title:______________________________ Date: _____________________________ Attest: By: _______________________________ Reviewed and Approved: By: _____________________________ Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9407 Agenda Date: 7/15/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.2 SUBJECT/RECOMMENDATION: Approve Architect of Record (AOR) Professional Services Agreements, as listed, to provide continuing professional architectural services for a four-year term pursuant to Request for Qualifications (RFQ) 39-21 and authorize the appropriate officials to execute same. (consent) SUMMARY: In accordance with Florida Statute 287.055 - Consultants Competitive Negotiation Act, on April 28, 2021, RFQ 39-21, Architect of Record Consulting Services was released soliciting responses from consulting firms to provide professional architecture services under a continuing services agreement, or Architect of Record (AOR). A selection committee, comprised of staff from the Engineering and Parks and Recreation Departments met on June 8, 2021 to review the 12 responses received. The committee selected ten firms; retaining six incumbent firms and awarding four new firms. Evaluations were based on the firm’s municipal experience and qualifications; approach for meeting project timelines and construction budget; familiarity with the City Ordinance, codes, procurement, contract specifications and standards; and quality management approach. The incumbent AOR’s retained are Harvard Jolly, Inc., Klar & Klar Architects, Inc., Long and Associates Architects/Engineers, Inc., Plisko Architecture, PA, AIA, Wannemacher Jensen Architects, Inc., and Williamson Decar Associates, Inc. The new AOR’s selected are AECOM Technical Services, Inc., CPH, Inc., Robert P. Resch, III - Architect, and WGI, Inc. The AOR Professional Services Agreements shall be for a four-year term with the City reserving the right to exercise an option to conduct a mid-term qualification solicitation based upon the needs of the City. Page 1 City of Clearwater Printed on 7/14/2021 Procurement Division 100 S Myrtle Ave Clearwater FL 33756-5520 PO Box 4748, 33578-4748 727-562-4630 Tel REQUEST FOR QUALIFICATIONS Architect of Record Consulting Services RFQ #39-21 April 28, 2021 NOTICE IS HEREBY GIVEN that sealed Statements of Qualifications will be received by the City of Clearwater (City) until 10:00 AM, Local Time, May 27, 2021 to provide Architect of Record Consulting Services. Brief Description: The City of Clearwater is requesting qualifications from professional architecture consulting firms (Firm) to serve as an Architect of Record (AOR) for a four (4) year term. Multiple firms will be selected for continuing services contracts, to provide services in areas of architecture and related fields, on an as-needed basis. Responses must be in accordance with the provisions, specifications and instructions set forth herein and will be received by the Procurement Division until the above noted time, when they will be publicly acknowledged and accepted. This Request for Qualifications, any attachments and addenda are available for download at https://www.myclearwater.com/business/rfp Please read the entire solicitation package and submit the response in accordance with the instructions. This document (less this invitation and the instructions) and any required documents, attachments, and submissions will constitute the response. General, Process, or Technical Questions concerning this solicitation should be directed, IN WRITING, to the Sr. Procurement Analyst, Valerie.Craig@myclearwater.com. This Request for Qualifications is issued by: Lori Vogel, CPPB Procurement Manager Lori.Vogel@myclearwater.com INSTRUCTIONS AOR Consulting Services 2 RFQ #39-21 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 One (1). Questions should be submitted in writing via letter, fax or email. Questions received less than ten (10) calendar days prior to the due date and time may be answered at the discretion of the City. i.2 ADDENDA/CLARIFICATIONS: Any changes to the specifications will be in the form of an addendum. Addenda are posted on the City website no less than seven (7) days prior to the Due Date. Vendors are cautioned to check the Purchasing Website for addenda and clarifications prior to submitting their response. The City cannot be held responsible if a vendor fails to receive any addenda issued. The City shall not be responsible for any oral changes to these specifications made by any employees or officer of the City. Failure to acknowledge receipt of an addendum may result in disqualification of a response. i.3 DUE DATE & TIME FOR SUBMISSION AND OPENING: Date: May 27, 2021 Time: 10:00 AM (Local Time) The City will open all responses properly and timely submitted and will record the names and other information specified by law and rule. All responses become the property of the City and will not be returned except in the case of a late submission. Respondent names, as read at the opening, will be posted on the City website. Once a notice of intent to award is posted or 30 days from day of opening elapses, whichever occurs earlier, responses are available for inspection by contacting the Procurement Division. i.4 SUBMIT RESPONSES TO: It is recommended that bids be submitted electronically through our bids website at https://www.myclearwater.com/business/rfp.   Bidders may mail or hand-deliver bids to the address below.  E-mail or fax submissions will not be accepted. Use label at the end of this solicitation package. City of Clearwater Attn: Procurement Division 100 S Myrtle Ave, 3rd Fl, Clearwater FL 33756-5520 or PO Box 4748, Clearwater FL 33758-4748 No responsibility will attach to the City of Clearwater, its employees or agents for premature opening of a bid that is not properly addressed and identified. i.5 LATE RESPONSES. The respondent assumes responsibility for having the response delivered on time at the place specified. All responses received after the date and time specified shall not be considered and will be returned unopened to the respondent. The respondent assumes the risk of any delay in the mail or in handling of the mail by employees of the City of Clearwater, or any private courier, regardless whether sent by mail or by means of personal delivery. It shall not be sufficient to show that you mailed or commenced delivery before the due date and time. All times are Clearwater, Florida local times. The respondent agrees to accept the time stamp in the City’s Procurement Division as the official time. i.6 LOBBYING. Any communication regarding this solicitation for the purpose of influencing the process or the award, between any person or affiliates seeking an award from this solicitation and the City is prohibited. This section shall not prohibit public comment at any City Council meeting, study session or Council committee meeting. This prohibition shall not apply to communication with the contact(s) identified in the solicitation or City-initiated communications for the purposes of conducting the procurement including but not limited to clarification of responses, presentations if provided in the solicitation, contract negotiations, protest/appeal resolution, or surveying non-responsive vendors. INSTRUCTIONS AOR Consulting Services 3 RFQ #39-21 i.7 RESPONSIBILITY TO READ AND UNDERSTAND. Failure to read, examine and understand the solicitation will not excuse any failure to comply with the requirements of the solicitation or any resulting contract, nor shall such failure be a basis for claiming additional compensation. If a vendor suspects an error, omission or discrepancy in this solicitation, the vendor must immediately and in any case not later than seven (7) business days in advance of the due date notify the contact on page One (1). The City is not responsible for and will not pay any costs associated with the preparation and submission of the response. Respondents are cautioned to verify their responses before submission, as amendments to or withdrawal of responses submitted after time specified for opening of responses may not be considered. The City will not be responsible for any respondent errors or omissions. i.8 FORM AND CONTENT OF RESPONSES. Unless otherwise instructed or allowed, responses shall be submitted on the forms provided. An original and the designated number of copies of each response are required. Responses, including modifications, must be submitted in ink, typed, or printed form and signed by an authorized representative. Please line through and initial rather than erase changes. If the response is not properly signed or if any changes are not initialed, it may be considered non-responsive. The City may require that an electronic copy of the response be submitted. The response must provide all information requested and must address all points. The City does not encourage exceptions. The City is not required to grant exceptions and depending on the exception, the City may reject the response. i.9 DEBARMENT DISCLOSURE. If the respondent has been debarred, suspended, or otherwise lawfully precluded from participating in any public procurement activity, including being disapproved as a (sub)contractor with any federal, state, or local government, or if any such preclusion from participation from any public procurement activity is currently pending, the respondent shall include a letter with its response identifying the name and address of the governmental unit, the effective date of this suspension or debarment, the duration of the suspension or debarment, and the relevant circumstances relating to the suspension or debarment. If suspension or debarment is currently pending, a detailed description of all relevant circumstances including the details enumerated above must be provided. A response from a respondent who is currently debarred, suspended or otherwise lawfully prohibited from any public procurement activity may be rejected. i.10 RESERVATIONS. The City reserves the right to reject any or all responses or any part thereof; to reissue the solicitation; to reject non-responsive or non-responsible responses; to reject unbalanced responses; to reject responses where the terms and/or awards are conditioned upon another event; to reject individual responses for failure to meet any requirement; to award by part or portion, or total; to make multiple awards; to waive minor irregularities, defects, omissions, technicalities or form errors in any response. The City may seek clarification of the response from respondent at any time, and failure to respond is cause for rejection. Submission of a response confers on respondent no right to an award or to a subsequent contract. The City is responsible to make an award that is in the best interest of the City. All decisions on compliance, evaluation, terms and conditions shall be made solely at the City’s discretion and made to favor the City. No binding contract will exist between the respondent and the City until the City executes a written contract or purchase order. i.11 OFFICIAL SOLICITATION DOCUMENT. Changes to the solicitation document made by a respondent may not be acknowledged or accepted by the City. Award or execution of a contract does not constitute acceptance of a changed term, condition or specification unless specifically acknowledged and agreed to by the City. The copy maintained and published by the City shall be the official solicitation document. i.12 ETHICS. It is the intention of the City to promote courtesy, fairness, impartiality, integrity, service, professionalism, economy, and government by law in the Procurement process. The responsibility for implementing this policy rests with each individual who participates in the procurement process, including respondents and contractors. INSTRUCTIONS AOR Consulting Services 4 RFQ #39-21 To achieve the purpose of this Article, it is essential that respondents and contractors doing business with the City also observe the ethical standards prescribed herein. It shall be a breach of ethical standards to: a. Exert any effort to influence any City employee or agent to breach the standards of ethical conduct. b. Intentionally invoice any amount greater than provided in Contract or to invoice for Materials or Services not provided. c. Intentionally offer or provide sub-standard Materials or Services or to intentionally not comply with any term, condition, specification or other requirement of a City Contract. i.13 GIFTS. The City will accept no gifts, gratuities or advertising products from respondents or prospective respondents and affiliates. i.14 PROTESTS AND APPEALS. If a respondent believes there is a mistake, impropriety, or defect in the solicitation, believes the City improperly rejected its response, and/or believes the selected response is not in the City’s best interests, the respondent may submit a written protest. All protests and appeals are governed by the City of Clearwater Purchasing Policies and Procedures. If any discrepancy exists between this Section and the Procurement Rules, the language of the Procurement Rules controls. Protests based upon alleged mistake, impropriety, or defect in a solicitation that is apparent before the opening must be filed with the Procurement Manager no later than five (5) business days before Opening. Protests that only become apparent after the Bid Opening must be filed within ten (10) business days of the alleged violation of the applicable purchasing ordinance. The complete protest procedure can be obtained by contacting the Procurement Division. ADDRESS PROTESTS TO: City of Clearwater - Procurement Division 100 So Myrtle Ave, 3rd Fl Clearwater FL 33756-5520 or PO Box 4748 Clearwater FL 33758-4748 INSTRUCTIONS – EVALUATION AOR Consulting Services 5 RFQ #39-21 i.15 EVALUATION PROCESS. Responses will be reviewed by a screening committee comprised of City employees and/or authorized agents. The City staff may or may not initiate discussions with respondents for clarification purposes. Clarification is not an opportunity to change the response. Respondents shall not initiate discussions with any City employee or official. i.16 CRITERIA FOR EVALUATION AND AWARD. The City evaluates three (3) categories of information: responsiveness, responsibility, and the technical response. All responses must meet the following responsiveness and responsibility criteria. a) Responsiveness. The City will determine whether the response complies with the instructions for submitting responses including completeness of response which encompasses the inclusion of all required attachments and submissions. The City must reject any responses that are submitted late. Failure to meet other requirements may result in rejection. b) Responsibility. The City will determine whether the respondent is one with whom it can or should do business. Factors that the City may evaluate to determine "responsibility" include, but are not limited to: past performance, references (including those found outside the response), compliance with applicable laws, respondent's record of performance and integrity- e.g. has the respondent been delinquent or unfaithful to any contract with the City, whether the respondent is qualified legally to contract with the City, financial stability and the perceived ability to perform completely as specified. A respondent must at all times have financial resources sufficient, in the opinion of the City, to ensure performance of the contract and must provide proof upon request. City staff may also use Dun & Bradstreet and/or any generally available industry information. The City reserves the right to inspect and review respondent’s facilities, equipment and personnel and those of any identified subcontractors. The City will determine whether any failure to supply information, or the quality of the information, will result in rejection. c) Technical Response. The City will determine how well responses meet its requirements in terms of the response to the solicitation and how well the offer addresses the needs of the project. The City will rank offers using a point ranking system (unless otherwise specified) as an aid in conducting the evaluation. The criteria that will be evaluated and their relative weights are: Evaluation Criteria Points Municipal Experience and Qualifications of Firm and Staff (Tab 2) 5 Approach for Meeting Project Timelines and Construction Budget (Tab 3) 5 Familiarity of the Firm and Staff with City of Clearwater Ordinance, Community Development Code, Downtown Design Guidelines, Stormwater Drainage Manual, Pinellas Gulf Beaches Coastal Construction Code, Florida Building Code, Procurement, Contract Specifications and Construction Standards (Tab 4) 5 Quality Management Approach (Tab 5) 5 Evaluation Criteria Points Application 1 2 3 4 5 Fails the criteria element due to non-existent knowledge and/or resources Deficient in the criteria element due to lack of knowledge and/or resources Meets the criteria element with minimum knowledge and/or resources Exceeds the criteria element with reasonable knowledge and/or resources Substantially exceeds the criteria element with surplus of knowledge and/or resources i.17 SHORT-LISTING. The City evaluation committee members will review and score responses. AOR incumbents who have performed work under the current AOR contract and score a INSTRUCTIONS – EVALUATION AOR Consulting Services 6 RFQ #39-21 minimum of 14 points (70%) with no criteria scoring below a “3””, will be offered a new AOR contract. New firms (not a current AOR or an AOR who has not performed work under the current contract) scoring a minimum of 14 points (70%) with no criteria scoring below a “3” may be invited for an interview with the evaluation committee. Upon conclusion of the interviews, the Committee will establish a ranking of the interviewed firms based on full-service capabilities as well as demonstrated competence in specialized discipline(s). The City intends to consider smaller firms with exceptional experience and qualifications in specialized discipline(s). i.18 PRESENTATIONS/INTERVIEWS. If requested, the respondent must provide a formal presentation and/or interview. The location for these presentations and/or interviews will be determined by the City and may be held virtually. i.19 CONTRACT NEGOTIATIONS AND ACCEPTANCE. Respondent must be prepared for the City to accept the response as submitted. If respondent fails to sign all documents necessary to successfully execute the final contract within a reasonable time as specified, or negotiations do not result in an acceptable agreement, the City may reject response or revoke the award, and may begin negotiations with another Respondent. Final contract terms must be approved or signed by the appropriately authorized City official(s). No binding contract will exist between the respondent and the City until the City executes a written contract or purchase order. i.20 NOTICE OF INTENT TO AWARD. Notices of the City’s intent to award a Contract are posted to Purchasing’s website. It is the respondent’s responsibility to check the City of Clearwater’s Purchasing website at https://www.myclearwater.com/business/rfp to view the Procurement Division’s Intent to Award postings. i.21 RFQ TIMELINE. All dates are tentative and subject to change. Release RFQ: April 28, 2021 Advertise Tampa Bay Times: May 5, 2021 Responses due: May 27, 2021 Review responses/presentations: 5/27/21-6/9/21; Award recommendation: June 9, 2021 Council authorization: July 2021 Contract begins: July 2021 DETAILED SPECIFICATIONS AOR Consulting Services 7 RFQ #39-21 1. PROJECT MISSION. The City of Clearwater is dedicated to providing superior services to its customers in order to improve the quality of life for Clearwater residents, businesses and visitors. The City is looking for architecture firms who share that dedication and will help the City meet that goal. 2. SCOPE OF WORK. The City of Clearwater (City) requests qualifications from professional architecture consulting firms to provide Architect of Record (AOR) Services. 2.1 Selected Firms will have demonstrated competence in areas of architecture and related fields, including but not limited to planning, analysis, design, preparation of construction plans and details, regulatory permitting, sustainable design and feasibility analysis, preparation of technical specifications, preparation of bid and contract documents, and construction management for potential City projects areas listed below: a. Parks & Recreational, Fire Department, Police Department, Marine and Aviation Department, Library, Parking, and General Services/Solid Waste facility improvements, including expansion or improvements to existing facilities as well as development of new facilities. b. Any other City of Clearwater department facility improvements, including expansion or improvements to existing facilities as well as development of new facilities. 2.2 The following lists other work assignments that may be reasonably required under the general scope of this professional agreement: a. Land surveys, right-of-way surveys, preparation of right-of-way control surveys, preparation of right-of-way mapping/parcel descriptions/parcel sketches. b. Review and assessment of applicability of design/build contracts for various City improvements. c. Development /preparation of grant applications for City projects. d. Preparations and implementation of public improvement programs, including graphics Power Point presentations, slides, handouts, etc. e. Conducting solar feasibility assessments and preparing reports for City review. 3. EXPERIENCE. Responding Firms must have adequate, recent (within the past five [5] years) experience providing similar Architect of Record services for Florida municipalities; and a project team within the Tampa Bay Metropolitan area (the counties of Pinellas, Hillsborough, Pasco, and Manatee). It is also highly preferred that responding firms have experience with renewable energy systems, such as rooftop and ground-based solar arrays. 4. INSURANCE REQUIREMENTS. The Contractor (respondent) shall, at its own cost and expense, acquire and maintain (and cause any subcontractors, representatives or agents to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A-VII or better. In addition, the City has the right to review the Contractor’s deductible or self-insured retention and to require that it be reduced or eliminated. Specifically the Contractor must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement. Specific work may require additional coverage on a case by case basis: a. Commercial General Liability Insurance coverage, including but not limited to, premises operations, products/completed operations, products liability, contractual liability, advertising injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. DETAILED SPECIFICATIONS AOR Consulting Services 8 RFQ #39-21 b. Commercial Automobile Liability Insurance coverage for any owned, non-owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars) combined single limit. c. Unless waived by the State of Florida, statutory Workers’ Compensation Insurance coverage in accordance with the laws of the State of Florida, and Employer’s Liability Insurance in the minimum amount of $100,000 (one hundred thousand dollars) each employee each accident, $100,000 (one hundred thousand dollars) each employee by disease and $500,000 (five hundred thousand dollars) aggregate by disease with benefits afforded under the laws of the State of Florida. Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be applicable to employees, contractors, subcontractors, and volunteers, if any. d. If the Contractor is using its own property, or the property of the City or other provider, in connection with the performance of its obligations under this Agreement, then Contractor’s Equipment Insurance or Property Insurance on an “All Risks” basis with replacement cost coverage for property and equipment in the care, custody and control of others is required. e. Professional Liability Insurance coverage appropriate for the type of business engaged in by the Contractor with minimum limits of $1,000,000 (one million dollars) per occurrence. If a claims made form of coverage is provided, the retroactive date of coverage shall be no later than the inception date of claims made coverage, unless prior policy was extended indefinitely to cover prior acts. Coverage shall be extended beyond the policy year either by a supplemental extended reporting period (ERP) of as great a duration as available, and with no less coverage and with reinstated aggregate limits, or by requiring that any new policy provide a retroactive date no later than the inception date of claims made coverage. The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies. 6. OTHER INSURANCE PROVISIONS. a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the insurance policy’s renewal date(s) for as long as this Agreement remains in effect, the Contractor will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the coverage set forth above and naming the City as an “Additional Insured.” In addition, when requested in writing from the City, Contractor will provide the City with certified copies of all applicable policies. The address where such certificates and certified policies shall be sent or delivered is as follows: City of Clearwater Attn: Procurement Division, RFQ #39-21 P.O. Box 4748 Clearwater, FL 33758-4748 b. Contractor shall provide thirty (30) days written notice of any cancellation, non-renewal, termination, material change or reduction in coverage. c. Contractor’s insurance as outlined above shall be primary and non-contributory coverage for Contractor’s negligence. d. Contractor reserves the right to appoint legal counsel to provide for the Contractor’s defense, for any and all claims that may arise related to Agreement, work performed under this Agreement, or to Contractor’s design, equipment, or service. Contractor agrees that the City shall not be liable to reimburse Contractor for any legal fees or costs as a result of Contractor providing its defense as contemplated herein. DETAILED SPECIFICATIONS AOR Consulting Services 9 RFQ #39-21 The stipulated limits of coverage above shall not be construed as a limitation of any potential liability to the City, and failure to request evidence of this insurance shall not be construed as a waiver of Contractor’s obligation to provide the insurance coverage specified. MILESTONES AOR Consulting Services 10 RFQ #39-21 1. ANTICIPATED BEGINNING AND END DATE OF INITIAL TERM. July 2021 through July 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. MID-TERM SOLICITATIONS. The City retains the right to exercise an option to conduct a mid-term solicitation. RESPONSE FORMAT AOR Consulting Services 11 RFQ #39-21 1. RESPONSE 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, five (5) 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 responses electronically, copies are not required. 2. RESPONSE FORMAT - Qualifications shall be submitted in bound volumes on standard 8½" x 11" paper. A single 8½" x 11" sheet printed on both sides is two (2) pages. All information must be assembled and indexed in the order indicated below. The page count shall not exceed nineteen (19) total pages, including typed text, graphics, charts and photographs. The total page count does not include documents submitted for Tabs 7 and 8, the tabbed separator pages, cover page, and back page. TAB 1 – Letter of Interest (two [2] pages). A letter of interest detailing qualifications to provide architecture services for the City of Clearwater. This shall include information significant to the required services and to enable the City’s evaluation of the firm. Name, address, contact person and phone number, shall be provided. TAB 2 – Municipal Experience and Qualifications of Firm and Staff (ten [10] pages). 1. Provide details of related experience and specific AOR services provided for other Florida municipalities. Provide name of entity, contact information and dates services were performed for the contract. 2. Respondents shall include a staffing plan detailing key elements of the organizational structure proposed to accomplish the management, technical, and administrative services as requested. Highlight the professional resources available and their past relevant experience and address the necessity and utilization of subconsultants. 3. Respondents shall provide the location of the responsible office(s). TAB 3 – Approach for Meeting Project Timelines and Construction Budget (three [3] pages). The Respondent shall discuss current and projected workload versus available staffing. The Firm shall overview the workload commitments that will impact the firm’s ability to complete services in a timely manner. The submittal should demonstrate that the firm has adequate time available and personnel to complete services on schedule and additional backup staffing capability in the event of unforeseen circumstances. Describe method of ensuring individual projects meet design and construction budgets. TAB 4 – Familiarity with City of Clearwater Ordinance, Community Development Code, Downtown Design Guidelines, Stormwater Drainage Manual, Pinellas Gulf Beaches Coastal Construction Code, Florida Building Code, Procurement, Construction Specifications and Construction Standards (two [2] pages). Provide details demonstrating knowledge and understanding of the City of Clearwater permitting processes, local codes and ordinances, City contract specifications and construction standards, and challenges. TAB 5 – Quality Management Approach (two [2] pages). Provide information as to the firm’s Quality Assurance/Quality Control plan and/or policy. Indicate specific steps conducted for technical review of any type of deliverable prior to submission to a client. Identify standard processes used. Define key factors that demonstrate the policy was successful and effective. TAB 6 – Litigation. NOTE: this is not considered Confidential or Proprietary information. – Any response indicating such may be deemed non-responsive to the RFQ- 1. Provide a complete listing of any convictions or fines incurred by the respondent firm or any of its principals for violations of any state or federal law within the past three (3) years. Identify firm’s executives who have current claims or who have participated in litigation against the City of Clearwater while with another firm. Executives of firms currently under litigation with the City may not be considered for this project. RESPONSE FORMAT AOR Consulting Services 12 RFQ #39-21 2. Provide a complete listing of all litigation involving a construction project or contract (excluding personal injury and workers’ compensation) whether currently pending or concluded within the past three (3) years in which the respondent firm was a named party. 3. Provide a complete listing of all administrative proceedings involving a construction project or contract, whether currently pending or concluded within the past three (3) years, in which the respondent firm was a named party. (NOTE: Administrative Proceedings shall include: (i) any action taken or proceeding brought by a governmental agency, department, or officer to enforce any law, regulation, code, legal, or contractual requirement, except for those brought in state or federal courts; (ii) any action taken by a governmental agency, department, or officer imposing penalties, fines, or other sanctions for failure to comply with any such legal or contractual requirement, or (iii) any other matter before an administrative body.) 4. Provide a complete listing of all arbitrations involving a construction project or contract, whether currently pending or concluded in the past three (3) years, in which the respondent firm was a named party. TAB 8 - Other Forms. The following forms should be completed and signed: 1. Exceptions, Additional Materials, Addenda form 2. Company Information form 3. Response Certification form 4. Exhibit B_Scrutinized Companies Form 5. Exhibit C_E-Verify Eligibility Form 6. Copy of the firm’s current Florida Department of Business and Professional Regulation’s License; and if the firm is a corporation, a copy of the current Florida Corporation Registration 7. Copy of the firm’s architect or interior design license in the State of Florida at the time of submittal 8. W-9 Form. All responses should include a fully completed, most current W-9 form. Failure to include the W-9 will not disqualify your bid. (http://www.irs.gov/pub/irs-pdf/fw9.pdf) EXCEPTIONS/ADDITIONAL MATERIALS/ADDENDA AOR Consulting Services 13 RFQ #39-21 Respondents shall indicate any and all exceptions taken to the provisions or requirements in this solicitation document. Exceptions that surface elsewhere and that do not also appear under this section shall be considered invalid and void and of no contractual significance. Exceptions (mark one): **Special Note – Any material exceptions taken to the City’s Terms and Conditions may render a Response non-responsive. No exceptions Exceptions taken (describe--attach additional pages if needed) Additional Materials submitted (mark one): No additional materials have been included with this response Additional Materials attached (describe--attach additional pages if needed) Addenda Respondents are responsible for verifying receipt of any addenda issued by checking the City’s website at https://www.myclearwater.com/business/rfp prior to the bid opening. Failure to acknowledge any addenda issued may render a Bid Non-responsive. Acknowledgement of Receipt of Addenda (initial for each addenda received, if applicable): Addenda Number Initial to acknowledge receipt Vendor Name__________________________________________________ Date__________________ COMPANY INFORMATION AOR Consulting Services 14 RFQ #39-21 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 response: Name: Fax: Phone: E-Mail Address: Day-to-Day Project Contact (if awarded): Name: Fax: Phone: E-Mail Address: Certified Small Business Certifying Agency: Certified Minority, Woman or Disadvantaged Business Enterprise Certifying Agency: Provide supporting documentation for your certification, if applicable. RESPONSE CERTIFICATION AOR Consulting Services 15 RFQ #39-21 By signing and submitting this Response, the Company certifies that: a) It is under no legal prohibition to contract with the City of Clearwater. b) It has read, understands, and is in compliance with the specifications, terms and conditions stated herein, as well as its attachments, and any referenced documents. c) It has no known, undisclosed conflicts of interest. d) No offer of gifts, payments or other consideration were made to any City employee, officer, elected official, or consultant who has or may have had a role in the procurement process for the services and or goods/materials covered by this contract. e) It understands the City of Clearwater may copy all parts of this response, including without limitation any documents and/or materials copyrighted by the respondent, for internal use in evaluating respondent’s offer, or in response to a public records request under Florida’s public records law (F.S. 119) or other applicable law, subpoena, or other judicial process. f) Respondent hereby warrants to the City that the respondent and each of its subcontractors (“Subcontractors”) will comply with, and are contractually obligated to comply with, all Federal Immigration laws and regulations that relate to their employees. g) Respondent certifies that they are not in violation of section 6(j) of the Federal Export Administration Act and not debarred by any Federal or public agency. h) It will provide the materials or services specified in compliance with all Federal, State, and Local Statutes and Rules if awarded by the City. i) It is current in all obligations due to the City. j) It will accept such terms and conditions in a resulting contract if awarded by the City. k) The signatory is an officer or duly authorized agent of the respondent with full power and authority to submit binding offers for the services as specified herein. ACCEPTED AND AGREED TO: Company Name: Signature: Printed Name: Title: Date: MAILING LABEL CUT ALONG THE LINE AND AFFIX TO THE FRONT OF YOUR BID CONTAINER AOR Consulting Services 16 RFQ #39-21 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ SEALED RESPONSE Submitted by: Company Name: Address: City, State, Zip: RFQ #39-21, Architect of Record Consulting Services Due Date: May 27, 2021, at 10:00 A.M. City of Clearwater Attn: Procurement Division PO Box 4748 Clearwater FL 33758-4748 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ SEALED RESPONSE Submitted by: Company Name: Address: City, State, Zip: RFQ #39-21, Architect of Record Consulting Services Due Date: May 27, 2021, at 10:00 A.M. City of Clearwater Attn: Procurement Division 100 S Myrtle Ave 3rd Fl Clearwater FL 33756 ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services------------------------------------------------ Page 1 AGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT is made and entered into on the ______day of _________ 2021 by and between the City of Clearwater, Florida (CITY) and, ________ (ARCHITECT). WITNESSETH: WHEREAS the CITY desires to engage the ARCHITECT to perform certain professional services pertinent to such work in accordance with this Agreement; and WHEREAS the ARCHITECT desires to provide such professional services in accordance with this Agreement; and WHEREAS the CITY selected the ARCHITECT in accordance with the competitive selection process described in Section 287.055 of the Florida Statutes, and based on information and representations given by the ENGINEER in a response to Request for Qualifications #39-21 dated June 2, 2021; 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: 1.0 GENERAL SCOPE OF THIS AGREEMENT The relationship of the ARCHITECT to the CITY will be that of a professional consultant, and the ARCHITECT will provide the professional and technical services required under this Agreement in accordance with acceptable architectural and engineering practices and ethical standards. 2.0 PROFESSIONAL TECHNICAL SERVICES 2.1 It shall be the responsibility of the ARCHITECT to work with and for the CITY toward solutions to architectural and engineering problems and the approach or technique to be used toward accomplishment of the CITY’s objective for each project or assignment. The ARCHITECT services shall include, but not be limited to planning, analysis, design preparation of construction plans and details, regulatory permitting, preparation of technical specifications, preparations of bid and contract documents, and construction management for potential City project areas listed below: 2.1.1. Parks and Recreation, Fire Department, Police Department, Marine and Aviation, Library, Parking, General Services/Solid Waste and any other CITY facility improvements, including expansion or improvements to existing facilities as well as develop of new facilities. Page 2 2.1.2. Land surveying activities, including title search, aerial target placement, topographic surveys, right-of-way surveys, preparation of right-of-way control surveys, preparation of right-of-way mapping/parcel descriptions/parcel sketches. 2.1.3. Review and assessment of the applicability of design/build contracts various CITY improvements 2.1.4. Development/preparation of grant applications for CITY projects 2.2 The ARCHITECT’s services under this Agreement will be provided under project specific Work Orders. Generally, each Work Order will include the services for a single project or assignment, and it will contain a mutually agreed-upon detailed scope of services, project goals, fee, and schedule of performance in accordance with applicable fiscal and budgetary constraints. Total compensation for services shall not exceed $100,000 per Work Order, unless specifically authorized by the City Council. 2.3 The ARCHITECT shall maintain an adequate and competent staff of professionally qualified personnel available to the CITY for the purpose of rendering the required architectural services hereunder and shall diligently execute the work to meet the completion time established in Work Order. The ARCHITECT shall notify the CITY by U.S. Mail addressed to the City Engineer of any changes in company contact information. This includes: contact phone, address, project manager, email addresses, etc. 2.4 The CITY reserves the right to enter into contracts with other engineering and/or architect firms for similar services. The ARCHITECT will, when directed to do so by the CITY, coordinate and work with other engineering and/or architectural firms retained by the CITY. 2.5 The CITY reserves the right to remove any and all projects, phases, tasks, or assignments related to this Agreement. The CITY further reserves the right to enter into contracts with other engineering firms for services related to such projects, phases, tasks, or assignments. The ARCHITECT will, when directed to do so by the CITY, coordinate and work with other firms retained by the CITY. 3.0 PERIOD OF SERVICE 3.1 The ARCHITECT shall begin work promptly after receipt of a fully executed copy of each Work Order, in accordance with Paragraph 2.2, above. Receipt of a fully executed Work Order shall constitute written notice to proceed. 3.2 If the ARCHITECT’s services called for under any Work Order are delayed for reasons beyond the ARCHITECT’s control, the time of performance shall be adjusted as appropriate. 3.3 It is the intent of the parties hereto that this Agreement continue in force until four (4) years from the date of initiation, 08/01/2021 (“Effective Date”), subject to the provisions for termination contained herein. The City retains the right to exercise an option to conduct a mid-term solicitation. Assignments that are in progress at the Contract Termination Date will be completed by the ARCHITECT unless specifically terminated by the CITY. Should Page 3 the ARCHITECT be in the process of completing work under this Agreement at the Termination Date, this Agreement shall continue with all terms, conditions and obligations being in full force and effect until such time as the work is completed. All provisions expressly intended to survive termination shall do so. 4.0 INSURANCE REQUIREMENTS See pages 12-13. 5.0 PROFESSIONAL SERVICES/CONSULTANT’S COMPETITIVE NEGOTIATION ACT (CCNA) - Florida Statue 287.055 Professional Services provided under this Agreement are within the scope of the practice of architecture, landscape architecture, professional engineering, or registered land surveying and mapping, as defined by the laws of the State of Florida. Provisions of F.S. 287.055 apply. 6.0 GENERAL CONSIDERATIONS 6.1 All documents including field books, drawings, specifications, calculations, geotechnical investigation reports, etc., used in the preparation of the work shall be supplied by the ARCHITECT to the CITY and shall become the property of the CITY. The CITY acknowledges that such documents are not intended or represented to be suitable for use by the CITY or others for purposes other than those for which the documents are prepared. Any reuse of these documents without written verification or adaptation by the ARCHITECT for the specific purpose intended will be at the CITY’s sole risk without liability or legal exposure to the ARCHITECT. 6.2 The ARCHITECT shall prepare preliminary construction cost estimates with each design submittal to verify the proposed design is within the City project budgets. The ARCHITECT shall prepare a final estimate of probable construction costs, following CITY approval of the bid documents and other Prebid activities. The CITY hereby acknowledges that estimates of probable construction costs cannot be guaranteed, and such estimates are not to be construed as a promise that designed facilities will not exceed a cost limitation. 6.3 The ARCHITECT will provide expert witnesses, if required, to testify in connection with any suit at law. A supplemental agreement will be negotiated between the CITY and the ARCHITECT describing the services desired and providing a basis for compensation to the ARCHITECT. 6.4 Upon the ARCHITECT’s written request, the CITY will furnish or cause to be furnished such reports, studies, instruments, documents, and other information as the ARCHITECT and CITY mutually deem necessary. 6.5 The CITY and the ARCHITECT each bind themselves and their successors, legal representatives and assigns to the other party to this Agreement and to the partners, Page 4 successors, legal representatives and assigns of each other party, in respect to all covenants of this Agreement; and, neither the CITY nor the ARCHITECT will assign or transfer its interest in this Agreement without written consent of the other. 6.6 The ARCHITECT shall indemnify and hold harmless the CITY, and its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys’ fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ARCHITECT and other persons employed or utilized by the ARCHITECT in the performance of this AGREEMENT and any Work Orders issued under this AGREEMENT. Notwithstanding any provision herein to the contrary, this paragraph shall not be construed as a waiver of any immunity to which CITY is entitled or the extent of any limitation of liability pursuant to § 768.28, Florida Statutes. Furthermore, this provision is not intended to nor shall it be interpreted as limiting or in any way affecting any defense CITY may have under § 768.28, Florida Statutes or as consent to be sued by third parties. The obligations under this paragraph shall expressly survive termination or expiration of this Agreement. 6.7 The ARCHITECT agrees not to engage the services of any person or persons in the employ of the CITY to an allied capacity, on either a full or part-time basis, on the date of the signing of this Agreement, or during its term. 6.8 Key personnel assigned to CITY projects by the ARCHITECT shall not be removed from the projects until alternate personnel acceptable to the CITY are approved in writing by the CITY. Key personnel are identified as: Project Manager and technical experts. 6.9 The ARCHITECT shall attach a brief status report on the project(s) with each request for payment. 6.10 Unless otherwise required by law or judicial order, the ARCHITECT agrees that it shall make no statements, press releases or other public communication concerning the Agreement or its subject matter or otherwise disclose or permit to be disclosed any of the data, technical processes, business affairs or other information obtained or furnished in the conduct of work under this Agreement without first notifying the City and securing its consent in writing. The ARCHITECT also agrees that it shall not publish, copyright or patent any of the site-specific data or reports furnished for or resulting from work under this Agreement. This does not include materials previously or concurrently developed by the ARCHITECT for “In House” use. Only data and reports generated by the ARCHITECT under this Agreement shall be the property of the City. 6.11 Public Records - The ARCHITECT will be required to comply with Section 119.0701, Florida Statutes, specifically to: IF THE ARCHITECT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE ENGINEER’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: 727-562-4092, Page 5 Rosemarie.Call@myclearwater.com, 600 Cleveland Street, Suite 600, Clearwater, FL 33755. The Architect’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: Page 6 1. The court determines that the contractor unlawfully refused to comply with the public records request within a reasonable time; and 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. 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. 6.12 The ARCHITECT and the CITY, in consideration of the promises and risks undertaken, hereby agree to fulfill all duties and obligations of this Agreement in good faith and fair dealing, and shall cooperate in all respects, including, but not limited to, participating as needed in the defense of any and all claims or lawsuits initiated against either party hereunder. 7.0 COMPENSATION 7.1 The ARCHITECT shall be compensated for all services rendered under this Agreement in accordance with the provisions of each Work Order, upon presentation of ARCHITECT’S invoice and as provided for below. An hourly rate schedule and typical methods of compensation are attached hereto as pages 14-15. 7.2 Except as may be addressed in the initiating Work Order, the compensation for services shall be invoiced by the ARCHITECT and paid by the CITY in accordance with the Florida Local Government Prompt Payment Act, F.S. section 218.70 et. seq. Such invoices shall be due and payable upon receipt. 7.3 The ARCHITECT agrees to allow full and open inspection of payroll records and expenditures in connection with hourly rate and cost-plus fixed fee work assignments upon request of the CITY. 8.0 PROHIBITION AGAINST CONTINGENT FEES The ARCHITECT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the ARCHITECT to solicit or secure this Agreement and that it has not paid or agreed to pay any persons, company, corporation, individual or firm, other than a bona fide employee working for the ARCHITECT any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement. Page 7 9.0 TERMINATION FOR CAUSE This Agreement may be terminated by either party with seven (7) days prior written notice, in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If this Agreement is terminated, the ARCHITECT shall be paid in accordance with the provisions of outstanding Work Orders for all work performed up to the date of termination. 10.0 SUSPENSION, CANCELLATION OR ABANDONMENT If the project described in any Work Order is suspended, canceled, or abandoned by the CITY, without affecting any other Work Order or this Agreement, the ARCHITECT shall be given five (5) days prior written notice of such action and shall be compensated for professional services provided up to the date of suspension, cancellation or abandonment. This Agreement shall be administered and interpreted under the laws of the State of Florida. The exclusive venue for any proceeding or suit in law or equity arising from or incident to this Agreement will be in Pinellas County Florida. 11.0 TERMINATION OF CONVENIENCE Either the CITY or the ARCHITECT may terminate the Agreement at any time by giving written notice to the other of such termination and specifying the effective date of such termination at least thirty (30) days before said termination date. If the Agreement is terminated by the CITY as provided herein, the ARCHITECT will be paid for services rendered through the date of termination. 12.0 PUBLIC ENTITY CRIMES Pursuant to Florida Statute sections 287.132-287.133, the City of Clearwater, as a public entity, may not accept any proposal from, award any contract to, or transact any business in excess of the threshold amount provided in Section 287.017, F.S., for Category Two (currently $35,000) with any person or affiliate on the convicted vendor list for a period of 36 months from the date that person or affiliate was placed on the convicted vendor list unless that person of affiliate has been removed from the list pursuant to Section 287.133 (3)(f), F.S. By submitting a proposal, ARCHITECT is certifying that Florida Statute 287.132 and 287.133 does not restrict submission. 13.0 The ARCHITECT will be required to comply with Section 287.135, Florida Statutes, specifically to comply with the following and execute forms as reflected on pages 16 and 17 (attached hereto and incorporated herein by reference): SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA Page 8 (a) 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 (b) 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 (c) 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 (d) 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 engages in business operations in Cuba and Syria. SCRUTINIZED COMPANIES THAT BOYCOTT ISRAEL LIST (a) 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 (b) 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 (c) “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 (d) 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. Page 9 14.0 RFQ #39-21, STANDARD TERMS AND CONDITIONS All terms and conditions as set forth in RFQ #39-21, Standard Terms of Conditions are incorporated by reference and hereto attached as Exhibit A. 15.0 ORDER OF PRECEDENCE Any inconsistency in documents relating to this Agreement shall be resolved by giving precedence in the following order: (i) this Agreement and subsequent Amendments; (ii) RFQ #39-21, Standard Terms and Conditions; and (iii) Work Orders. 16.0 TERMINATION FOR LACK OF FUNDING The CITY’S performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Clearwater City Council. In the event the Clearwater City Council does not appropriate funds for CITY to perform its obligations hereunder, CITY may terminate this Agreement upon thirty (30) days written notice to ARCHITECT. ARCHITECT will be paid for all work performed to the date of termination. 17.0 E-VERIFY ARCHITECT and its Subcontractors shall register with and use the E-Verify system to verify the work authorization status of all newly hired employees. ARCHITECT will not enter into a contract with any Subcontractor unless each party to the contract registers with and uses the E-Verify system. Subcontractor must provide ARCHITECT with an affidavit stating that Subcontractor does not employ, contract with, or subcontract with an unauthorized alien. ARCHITECT shall maintain a copy of such affidavit. The CITY may terminate this Agreement on the good faith belief that ARCHITECT or its Subcontractors knowingly violated Florida Statutes 448.09(1) or 448.095(2)(c). If this Agreement is terminated pursuant to Florida Statute 448.095(2)(c), ARCHITECT may not be awarded a public contract for at least 1 year after the date of which this Agreement was terminated. ARCHITECT is liable for any additional costs incurred by the CITY as a result of the termination of this Agreement. See Section 448.095, Florida Statutes (2020). Page 10 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the date and year first above written. _______________ (Architect) By: ______________________________ Print Name: __________________________ Title: ______________________________ WITNESS: By: ______________________________ Print Name: __________________________ Title: ______________________________ Countersigned: CITY OF CLEARWATER ___________________________ By: ______________________________ Frank Hibbard William B. Horne II Mayor City Manager Approved as to form and ATTEST: correctness: ___________________________ By: ______________________________ Owen Kohler Rosemarie Call Assistant City Attorney City Clerk Page 11 RISK MANAGEMENT / INSURANCE REQUIREMENTS FOR AGREEMENTS AND CONTRACTS STATEMENT OF PURPOSE: The City of Clearwater enters into agreements and contracts for services and/or products with other parties. Agreements and contracts shall contain Risk Management/Insurance terms to protect the City’s interest and to minimize its potential liabilities. Whenever applicable, the following terms shall be included in agreements and contracts. CITY DEFINED: The term “City” (whenever it may appear in this section) is defined to mean the City of Clearwater itself, its Council, the Community Redevelopment Agency of the City of Clearwater, a Florida governmental agency created pursuant to Part III, Chapter 163, Florida Statute, its duly appointed officers, or other public bodies, officers, employees, volunteers, representatives and agents. OTHER PARTY DEFINED: The term “Other Party” (whenever it may appear in this section) is defined to mean the other person or entity which is a party to this agreement or contract with the City, any subsidiaries or affiliates, officers, employees, volunteers, representatives, agents, contractors, and subcontractors. HOLD HARMLESS DEFINED: The term “Hold Harmless” (whenever it may appear in this section) is defined to mean that the Other Party shall indemnify and hold harmless the City, and its officers, employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys’ fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Other Party and other persons employed or utilized by the Other Party in the performance of this Agreement and any Work Orders issued under this Agreement. PAYMENT ON BEHALF OF CITY DEFINED: The term “Payment on Behalf of City” (whenever it may appear in this section) is defined to mean the Other Party agrees to pay on behalf of the City, and to pay the cost of the City’s legal defense, as may be selected by the City, for claims or suits arising from the fault of the Other Party or other persons employed or utilized by the Other Party in performance of the contract. Such payment on behalf of the City shall be in addition to any and all other legal remedies available to the City and shall not be considered to be the City’s exclusive remedy. Page 12 INSURANCE REQUIREMENTS. The ARCHITECT 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 ARCHITECT deductible or self-insured retention and to require that it be reduced or eliminated. Specifically the ARCHITECT must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement: a. Commercial General Liability Insurance coverage, including but not limited to, premises operations, products/completed operations, products liability, contractual liability, advertising injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. b. Commercial Automobile Liability Insurance coverage for any owned, non-owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars) combined single limit. c. Unless waived by the State of Florida, statutory Workers’ Compensation Insurance coverage in accordance with the laws of the State of Florida, and Employer’s Liability Insurance in the minimum amount of $100,000 (one hundred thousand dollars) each employee each accident, $100,000 (one hundred thousand dollars) each employee by disease and $500,000 (five hundred thousand dollars) aggregate by disease with benefits afforded under the laws of the State of Florida. Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be applicable to employees, contractors, subcontractors, and volunteers, if any. d. If the ARCHITECT 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 ARCHITECT’s Equipment Insurance or Property Insurance on an “All Risks” basis with replacement cost coverage for property and equipment in the care, custody and control of others is required. e. Professional Liability Insurance coverage appropriate for the type of business engaged in by the ARCHITECT with minimum limits of $1,000,000 (one million dollars) per occurrence. If a claims made form of coverage is provided, the retroactive date of coverage shall be no later than the inception date of claims made coverage, unless prior policy was extended indefinitely to cover prior acts. Coverage shall be extended beyond the policy year either by a supplemental extended reporting period (ERP) of as great a duration as available, and with no less coverage and with reinstated aggregate limits, or by requiring that any new policy provide a retroactive date no later than the inception date of claims made coverage. Page 13 The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies. OTHER INSURANCE PROVISIONS. a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the insurance policy’s renewal date(s) for as long as this Agreement remains in effect, the ARCHITECT will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the coverage set forth above and naming the City as an “Additional Insured.” In addition, when requested in writing from the City, ARCHITECT 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 Engineering, RFQ #39-21 P.O. Box 4748 Clearwater, FL 33758-4748 b. ARCHITECT shall provide thirty (30) days written notice of any cancellation, non- renewal, termination, material change or reduction in coverage. c. ARCHITECT’s insurance as outlined above shall be primary and non-contributory coverage for ARCHITECT’s negligence. d. ARCHITECT reserves the right to appoint legal counsel to provide for the ARCHITECT’s defense, for any and all claims that may arise related to Agreement, work performed under this Agreement, or to ARCHITECT’s design, equipment, or service. ARCHITECT agrees that the City shall not be liable to reimburse ARCHITECT for any legal fees or costs as a result of ARCHITECT providing its defense as contemplated herein. The stipulated limits of coverage above shall not be construed as a limitation of any potential liability to the City, and failure to request evidence of this insurance shall not be construed as a waiver of ARCHITECT’s obligation to provide the insurance coverage specified. Page 14 PROVISION OF PAYMENT ARCHITECT OF RECORD: ____________ BASIS FOR PAYMENT The owner shall pay ARCHITECT and ARCHITECT agrees to accept as full compensation for its services (as established by Work Order) compensation as computed by one of the following methods: Method “A” – Hourly Rate – Compensation in the form of burdened hourly rates. Burdened (direct + indirect) Hourly Rate + Subconsultant Cost + Other Direct Costs. Direct cost includes labor hourly rate. Indirect costs include fringe benefit rate, overhead, operating margin and profit. Subconsultant Costs are actual costs incurred times a factor of 1.00. Actual costs shall be based on billing rates for required labor classifications. Other Direct Costs are actual costs incurred for travel outside of Tampa Bay area, printing, copying, long distance telephone calls, etc. Method “B” – Lump Sum – Compensation in the form of “lump sum” for all work associated with a Work Order or task and shall be determined by mutual agreement between the ARCHITECT and the City. The lump sum amount shall be negotiated based upon the Work Order scope of services and approved by both the City and the ARCHITECT. Hourly Rates - The estimated hourly rates below represent 2021 costs and categories. Periodic changes are anticipated, and modifications may be made annually in writing to the City for review and approval. Page 15 CITY OF CLEARWATER ARCHITECT OF RECORD, RFQ #39-21 8/1/21 to 7/31/25 ARCHITECT OF RECORD: __________ Job Classification Burdened Hourly Rate Vice President/Officer-in-Charge $0.00 Project Manager/Associate Principal $0.00 Senior Engineer/Senior Scientist $0.00 Engineer/Scientist (III-IV) $0.00 Engineer/Scientist (I-III) $0.00 Engineer Intern $0.00 Construction Engineer $0.00 Construction Administrator/Manager $0.00 Landscape Architect $0.00 Senior Designer $0.00 Drafter/CADD Operator $0.00 Fiscal/Accounting $0.00 Administrative/Clerical $0.00 Senior Architect $0.00 Architect $0.00 Senior Architect Intern $0.00 Architect Intern $0.00 Page 16 SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA CERTIFICATION FORM 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 engages 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 on this ________ day of _________________, 20____, by __________________________________________ (name of person whose signature is being notarized) as the ________________________ (title) of _________________________________ (name of corporation/entity), personally known to me as described herein ____________, or produced a ___________________________ (type of identification) as identification, and who did/did not take an oath. ___________________________________ Notary Public ____________________________________ Printed Name My Commission Expires: __________________ NOTARY SEAL ABOVE Page 17 SCRUTINIZED COMPANIES THAT BOYCOTT ISRAEL LIST CERTIFICATION FORM PER SECTION III, ITEM 25, THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED, MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel; and 2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation and is not listed on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel; and 3. “Boycott Israel” or “boycott of Israel” means refusing to deal, terminating business activities, or taking other actions to limit commercial relations with Israel, or persons or entities doing business in Israel or in Israeli-controlled territories, in a discriminatory manner. A statement by a company that it is participating in a boycott of Israel, or that it has initiated a boycott in response to a request for a boycott of Israel or in compliance with, or in furtherance of, calls for a boycott of Israel, may be considered as evidence that a company is participating in a boycott of Israel; and 4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals are placed on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel. _______________________________________ Authorized Signature _______________________________________ Printed Name _______________________________________ Title _______________________________________ Name of Entity/Corporation STATE OF _____________________ COUNTY OF ___________________ The foregoing instrument was acknowledged before me on this ______ day of _____________________, 20____, by _________________________________ (name of person whose signature is being notarized) as the ________________________ (title) of ________________________________________ (name of corporation/entity), personally known to me as described herein _____________________, or produced a _________________________ (type of identification) as identification, and who did/did not take an oath. _______________________________________ Notary Public ____________________________________ Printed Name My Commission Expires: __________________ NOTARY SEAL ABOVE Page 17 VERIFICATION OF EMPLOYMENT ELIGIBILITY FORM PER FLORIDA STATUTE 448.095, CONTRACTORS AND SUBCONTRACTORS MUST REGISTER WITH AND USE THE E-VERIFY SYSTEM TO VERIFY THE WORK AUTHORIZATION STATUS OF ALL NEWLY HIRED EMPLOYEES. 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 Contractor and its Subcontractors are aware of the requirements of Florida Statute 448.095. 2. The Contractor and its Subcontractors are registered with and using the E-Verify system to verify the work authorization status of newly hired employees. 3. The Contractor will not enter into a contract with any Subcontractor unless each party to the contract registers with and uses the E-Verify system. 4. The Subcontractor will provide the Contractor with an affidavit stating that the Subcontractor does not employ, contract with, or subcontract with unauthorized alien. 5. The Contractor must maintain a copy of such affidavit. 6. The City may terminate this Contract on the good faith belief that the Contractor or its Subcontractors knowingly violated Florida Statutes 448.09(1) or 448.095(2)(c). 7. If this Contract is terminated pursuant to Florida Statute 448.095(2)(c), the Contractor may not be awarded a public contract for at least 1 year after the date on which this Contract was terminated. 8. The Contractor is liable for any additional cost incurred by the City as a result of the termination of this Contract. __________________________________________ 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 1) AECOM Technical Services, Inc. 2) CPH, Inc. 7650 W. Courtney Campbell Causeway 5601 Mariner Street, Suite 105 Tampa, FL 33607 Tampa, FL 33609 813.286.1711 813.288.0233 3) Fowler Associates Architects 4) Harvard Jolly, Inc. 1421 Court Street, Suite D 2714 Dr. ML King Jr. Street N. Clearwater, FL 33756 St. Petersburg, FL 33704 727.449.2021 727.896.4611 5) Klar and Klar Architects, Inc.6) Long & Associates Architects/ Engineers, Inc. 28473 U.S. 19 N., Suite 602 4525 S. Manhattan Avenue Clearwater, FL 33761 Tampa, FL 33611727.799.5420 813.839.0506*Certified Small Business by City of St. Petersburg &Hillsborough County School District 7) Plisko Architecture, PA 8) Robert P. Resch, III800 Drew Street 2963 Gulf to Bay BoulevardClearwater, FL 33755 Clearwater, FL 33755727.442.7200 727.709.0630 9) THA Consulting, Inc.10) Wannamacher Jensen Architects, Inc. FDBA Timothy Haahs & Associates, Inc.132 Mirror Lake Dr. N. Unit 301 40 NW 3rd Street, Suite 1102 St. Petersburg, FL 33701 Miami, FL 33128 727.822.5566 305.592.7123 *Certified Small Business by City of St. Petersburg 11)WGI, Inc.12)Williamson Dacar Associates, Inc. 3111 W. Dr. Martin Luther King Jr Boulevard dba Williamson Design Associates Suite 375 15500 Lightwave Drive #106 Tampa, FL 33607 Clearwater, FL 33760 813.739.7419 727.725.0951 *Certified Small Business by Pinellas County ADVERTISED: TAMPA BAY TIMES 5/5/2021POSTED:myclearwater.com 04/28/2021-05/27/2021 Due/Opening: May 27, 2021; 10:00 a.m. REQUEST FOR QUALIFICATIONS No. 39-21 Architect of Record Consulting Services Solicitation Response Listing FOR THE CITY OF CLEARWATER Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9410 Agenda Date: 7/15/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Fire Department Agenda Number: 7.3 SUBJECT/RECOMMENDATION: Approve a purchase order to Stryker Sales Corporation dba Stryker Medical of Chicago, IL to procure forty Lifepak 1000 cardiac defibrillators pursuant to Clearwater Code of Ordinances 2.563(1)(c) Piggyback; declare thirty-five Stryker Lifepack 1000 cardiac defibrillators surplus and approve trade-in pursuant to Clearwater Code of Ordinances 2.623(7)(e), and authorize the appropriate officials to execute same. (consent) SUMMARY: Automated external defibrillators (AEDs) are portable, life-saving devices designed to treat people experiencing sudden cardiac arrest, a medical condition in which the heart stops beating suddenly and unexpectedly. They are required equipment on the Fire department’s rescue units and advanced life support (ALS) fire engines. The Fire Department oversees the Lifepack AEDs currently in key City facilities such as City Hall, Municipal Services Building, Libraries, Police, and Fire department facilities. Thirty-five of these monitors have reached the end of their recommended useful lives. Clearwater Fire & Rescue is requesting to piggyback off the NASPO Valuepoint contract # OK-SW-300: AEDs & Accessories. The City currently uses Lifepak 1000 AEDs throughout multiple city facilities and recommends the same brand to maintain training and inventory consistency. As part of the annual budget process, the Department funds a capital improvement project to provide for scheduled replacement of AEDs in city facilities with a portion of General Funds and Central Insurance Funds. Funding for replacement is partially reimbursed by the County since the equipment also serves the unincorporated area of the Clearwater Fire District. The purchase price of forty new Lifepak 1000 AEDs is $87,200.00. The trade-in value of the thirty-five outdated monitors is $14,000.00. The total purchase with trade-in credit is $73,200.00. APPROPRIATION CODE AND AMOUNT: Funds are available in capital improvement project 91257, Auto External Defibrillator Program, to fund this contract. USE OF RESERVE FUNDS: NA Page 1 City of Clearwater Printed on 7/14/2021 ASSIGNMENT OF MASTER AGREEMENT AWARD This Assignment of Master Agreement (ref. Statewide contract OK-SW-300; AED Units and Accessories) (this "Assignment"), effective upon signature of the State Purchasing Director is by and among Physic-Control, Inc. ("Assignor"), Stryker Sales Corporation. OBA Stryker Medical ("Assignee") and State of Oklahoma. Assignor, Assignee and the State of Oklahoma are collectively referred to herein as the "Parties." RECITALS WHEREAS, Assignor and the State of Oklahoma are parties to a Master Agreement dated October 5, 2017 (the "MA"); WHEREAS, the Parties agree to assign the Master Agreement as set forth herein. NOW THEREFORE, in consideration of the mutual promises contained herein and other good and sufficient consideration, the receipt and adequacy of which is hereby acknowledged, the Parties hereto agree as follows: AGREEMENT 1.Assignment. Assignor hereby assigns to Assignee all of its rights, title and interest in the Master Agreement (OK-SW-300). 2.Assumption of Obligations. Assignee: a.acknowledges the receipt of a signed copy of the Master Agreement; b.hereby assumes all of Assignor's interest, rights, duties and obligations as provided in the Master Agreement; and c.agrees to comply with all of the terms and obligations set forth in the Master Agreement OK-SW-300 and the applicable terms of Physic-Control Master Agreement OK-SW-300; and d.shall perform all of Assignor's rights, duties and obligations set forth in the Master Agreement as if Assignee were the original party thereto. 3.Assignor's Representations. Assignor and the State of Oklahoma each warrant that the Master Agreement is in full force and effect and may be assigned to Assignee with the consent of the Parties hereto. 4.Binding Effect. The covenants and conditions contained in this Assignment shall apply to and bind Assignor and Assignee and their heirs, legal representative, successors and permitted assigns. Page 1 of 2 ADDENDUM 3 TO STATE OF OKLAHOMA NASPO VALUEPOINT MASTER AGREEMENT AWARD WITH PHYSIO-CONTROL INCORPORATED OKLAHOMA NASPO VALUEPOINT MASTER AGREEMENT AWARD AED UNITS AND ACCESSORIES Office of Management and Enterprise Services Central Purchasing Division 5005 North Lincoln Boulevard Oklahoma City, OK 73105 And Physio-Control, Inc. 11811 Willows Road Redmond, WA 98052 Master Agreement Number: OK-SW-300 2 Table of Contents SUMMARY……………………………………………………………………………………….………4 EXHIBIT A – TERMS AND CONDITIONS………………………………………………….…………5 EXHIBIT B – SCOPE OF WORK………………………………………………………………………31 EXHIBIT C – PRICE AND COST PROPOSAL………………………………………………….…….41 4 OKLAHOMA NASPO VALUEPOINT MASTER AGREEMENT AWARD Summary 1. Scope of Work Defined The goal of this Master Agreement is provide a vehicle in which Participating States/Purchasing Entities can obtain Automated External Defibrillator (AED) units, accessories and support options in furtherance of the NASPO ValuePoint Cooperative Purchasing Program. The purpose of this Master Agreement is to contract with qualified offerors to provide AED units, accessories, and service and support options for all Participating States. The objective is to obtain best value, and in some cases achieve more favorable pricing, than is obtainable by an individual state or local government entity because of the collective volume of potential purchases by numerous state and local government entities. 2. Categories of Products Offered This Master Agreement will offer the following categories of products: Professional Defibrillators. 3. Master Agreement Order of Precedence. Any Order placed under this Master Agreement shall consist of the following documents: (1) Participating Entity’s Participating Addendum (“PA”); (2) Oklahoma NASPO ValuePoint Master Agreement Award; a. Summary; b. General Terms, Conditions, and Instructions; c. NASPO ValuePoint Terms and Conditions; d. Scope of Work; e. Price and Cost Proposal. (3) A Purchase Order issued against the Master Agreement; (4) The Solicitation; and (5) Contractor’s response to the Solicitation, including but not limited to Contractor’s Terms and Conditions contained in Response, as revised and accepted by the Lead State. These documents shall be read to be consistent and complementary. Any conflict among these documents shall be resolved by giving priority to these documents in the order listed above. Contractor terms and conditions that apply to this Master Agreement are only those that are expressly accepted by the Lead State and must be in writing and attached to this Master Agreement as an Exhibit or Attachment. 4. Master Agreement Effective Date This Master Agreement is effective as of the date of the last signature above. 5 OKLAHOMA NASPO VALUEPOINT MASTER AGREEMENT AWARD Exhibit A – Terms and Conditions A. GENERAL TERMS, CONDITIONS AND INSTRUCTIONS 1. Period of Performance The initial term of the master agreement shall be 1 (one) year with renewal provisions as outlined in Section 3 of the NASPO ValuePoint Master Terms and conditions (Section B of this Exhibit) which typically extend the original contract period for four (4) additional years. 2. Contract Administrator The Lead State Contract Administrator identified below is the single point of contact during this procurement process. Offerors and interested persons shall direct to the Lead State Contract Administrator all questions concerning the procurement process, technical requirements of the RFP, contractual requirements, changes, clarifications, and protests, the award process, and any other questions that may arise related to this solicitation and this resulting Master Agreement. The Lead State Contract Administrator designated by the State of Oklahoma, OMES Central Purchasing is: Theresa Johnson, Strategic Initiatives Purchasing Officer State of Oklahoma, OMES Central Purchasing 5005 N. Lincoln Blvd., STE 300 Oklahoma City, OK 73105 Theresa.Johnson@omes.ok.gov Phone: 405/522-1037 3. Authorized Users This Master Agreement may be used by state governments (including departments, agencies, institutions), institutions of higher education, political subdivisions (i.e., colleges, school districts, counties, cities, etc.), the District of Columbia, territories of the United States, and other eligible entities subject to approval of the individual state procurement director and compliance with local statutory and regulatory provisions. 4. Definitions “Lead State” means the State conducting this cooperative procurement, evaluation, and award and centrally administering any resulting Master Agreement(s) “Offeror” means the company or firm who submits a proposal in response to this Request for Proposal. “Proposal” means the official written response submitted by an Offeror in response to this Request for Proposal. 6 "Request for Proposals" or "RFP" means the entire solicitation document, including all parts, sections, exhibits, attachments, and Amendments. 5. Certification of Non-Debarment By submitting a response to this solicitation the prospective primary participant and any other subcontract certifies to the best of their knowledge and belief, that they and their principals or participants: Participants: 5.1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal, State or local department or agency; 5.2. Have not within a three-year period preceding this proposal been convicted or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) contract; or for violation of Federal or State antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. 5.3. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State or local) with commission of any of the offenses listed above this certification; and 5.4. Have not with a three-year period preceding this application/proposal had one or more public (Federal, State or local) contracts terminated for cause or default. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to its solicitation response. 6. Insurance The Contractor agrees to acquire insurance from an insurance carrier or carriers licensed to conduct business in each Participating Entity’s state at the prescribed levels set forth in Section 21 of the NASPO ValuePoint Master Agreement Terms and Conditions of this Exhibit. 7. Governing Laws and Regulations This procurement is conducted by the regulations and the laws of the State of Oklahoma. Venue for any administrative or judicial action relating to this procurement, evaluation, and award shall be in Oklahoma County, Oklahoma. The provisions governing choice of law and venue for issues arising after award and during contract performance are specified in section 35 of the NASPO ValuePoint Master Agreement Terms and Conditions of this Exhibit. 8. NASPO ValuePoint Administrative Fee and Reporting Requirements Contractor agrees to pay a NASPO ValuePoint administrative fee as specified Section 6 of the NASPO ValuePoint Master Agreement Terms and Conditions. Moreover, specific summary and detailed usage reporting requirements are prescribed by Section 7 of NASPO ValuePoint Master Agreement Terms and Conditions of this Exhibit. 7 Contractor shall identify the person responsible for providing the mandatory usage reports. (This information must be kept current during the contract period). Contractor will be required to provide reporting contact within 15 days of Master Agreement execution. 9. NASPO ValuePoint eMarket Center Contractor agrees to cooperate with NASPO ValuePoint and SciQuest (and any authorized agent or successor entity to SciQuest) to integrate its presence in the NASPO ValuePoint eMarket Center either through an electronic catalog (hosted or punchout site) or unique ordering instructions. Refer to Attachment A, Section 36, NASPO ValuePoint Master Agreement Terms and Conditions for the prescribed requirements. Those terms and conditions require as a minimum that the Offeror agree to participate in development of ordering instructions. Proposer shall respond how they can support the eMarket Center in the Proposal through either a hosted catalog or punchout solution. 10. Cost, Prices, and Rates Prices and rates shall include all anticipated charges, including, but not limited to, freight and delivery, cost of materials and product, transaction fees, overhead, profits, and other costs and expenses incidental to the Offeror’s performance. Any travel costs must be included in the cost of the products and services offered under this Master Agreement. No billing for travel will be allowed under this Master Agreement. Delivery charges: Standard Ground 5-7 day delivery, transportation and insurance being paid by Vendor, with the exception of special delivery and/or air shipments requested by the Participating State or Customer placing the Order. Such special delivery and/or air shipment charges shall be prepaid by Vendor and adding such costs to the invoice for payment. Pricing will remain fixed for the initial term of this Master Agreement, which is one year. Any request for price or rate adjustment following the initial Master Agreement term is subject to the requirements of Section 11 of the NASPO ValuePoint Master Agreement Terms and Conditions of this Exhibit. 11. Oklahoma Open Records Act This Master Agreement and all proposal and other materials submitted in response to Solicitation SW17300 shall be the property of the State of Oklahoma and subject to the Oklahoma Open Records Act. 12. Contractor Single Point of Contact All Offerors were to include a single point of contact in their Proposal. This single point of contact shall be the primary person the Lead State may contact in regards to this Master Agreement. 8 B. NASPO VALUEPOINT TERMS AND CONDITIONS 1. Master Agreement Order of Precedence Any Order placed under this Master Agreement shall consist of the following documents: (1) Participating Entity’s Participating Addendum (“PA”); (2) Oklahoma NASPO ValuePoint Master Agreement Award; a. Summary; b. General Terms, Conditions, and Instructions; c. NASPO ValuePoint Terms and Conditions; d. Scope of Work; e. Price and Cost Proposal. (3) A Purchase Order issued against the Master Agreement; (4) The Solicitation; and (5) Contractor’s response to the Solicitation, including but not limited to Contractor’s Terms and Conditions contained in Response, as revised and accepted by the Lead State. These documents shall be read to be consistent and complementary. Any conflict among these documents shall be resolved by giving priority to these documents in the order listed above. Contractor terms and conditions that apply to this Master Agreement are only those that are expressly accepted by the Lead State and must be in writing and attached to this Master Agreement as an Exhibit or Attachment. 2. Definitions Acceptance is defined by the applicable commercial code, except Acceptance shall not occur before the completion of delivery in accordance with the Order, installation if required, and a reasonable time for inspection of the Product. Contractor means the person or entity delivering Products or performing services under the terms and conditions set forth in this Master Agreement. Embedded Software means one or more software applications which permanently reside on a computing device. Intellectual Property means any and all patents, copyrights, service marks, trademarks, trade secrets, trade names, patentable inventions, or other similar proprietary rights, in tangible or intangible form, and all rights, title, and interest therein. Lead State means the State centrally administering any resulting Master Agreement(s). 9 Master Agreement means the underlying agreement executed by and between the Lead State, acting on behalf of the NASPO ValuePoint program, and the Contractor, as now or hereafter amended. NASPO ValuePoint is the NASPO Cooperative Purchasing Organization LLC, doing business as NASPO ValuePoint, a 501(c) (3) limited liability company that is a subsidiary organization the National Association of State Procurement Officials (NASPO), the sole member of NASPO ValuePoint. NASPO ValuePoint facilitates administration of the NASPO cooperative group contracting consortium of state chief procurement officials for the benefit of state departments, institutions, agencies, and political subdivisions and other eligible entities (i.e., colleges, school districts, counties, cities, some nonprofit organizations, etc.) for all states and the District of Columbia. NASPO ValuePoint is identified in the Master Agreement as the recipient of reports and may perform contract administration functions relating to collecting and receiving reports as well as other contract administration functions as assigned by the Lead State. Order or Purchase Order means any purchase order, sales order, contract or other document used by a Purchasing Entity to order the Products. Participating Addendum means a bilateral agreement executed by a Contractor and a Participating Entity incorporating this Master Agreement and any other additional Participating Entity specific language or other requirements, e.g. ordering procedures specific to the Participating Entity or other terms and conditions. Participating Entity means a state, or other legal entity, properly authorized to enter into a Participating Addendum. Participating State means a state, the District of Columbia, or one of the territories of the United States that is listed in the Request for Proposal as intending to participate. A Participating State is not required to participate through execution of a Participating Addendum. Upon execution of the Participating Addendum, a Participating State becomes a Participating Entity; however, a Participating State listed in the Request for Proposals is not required to participate through execution of a Participating Addendum. Product means any equipment, software (including embedded software), documentation, service or other deliverable supplied or created by the Contractor pursuant to this Master Agreement. The term Products, supplies and services, and products and services are used interchangeably in these terms and conditions. Purchasing Entity means a state (as well as the District of Columbia and U.S. territories), city, county, district, other political subdivision of a State, and a nonprofit organization under the laws of some states if authorized by a Participating Addendum, who issues a Purchase Order against the Master Agreement and becomes financially committed to the purchase. NASPO ValuePoint Program Provisions 3. Term of the Master Agreement The initial term of this Master Agreement is for one (1) years. This Master Agreement may be extended beyond the original contract period for four (4) additional years at the Lead State’s discretion and by 10 mutual agreement and upon review of requirements of Participating Entities, current market conditions, and Contractor performance. 4. Amendments The terms of this Master Agreement shall not be waived, altered, modified, supplemented or amended in any manner whatsoever without prior written agreement of the Lead State and Contractor. 5. Participants and Scope a. Contractor may not deliver Products under this Master Agreement until a Participating Addendum acceptable to the Participating Entity and Contractor is executed. The Oklahoma Terms and Conditions and NASPO ValuePoint Master Agreement Terms and Conditions are applicable to any Order by a Participating Entity (and other Purchasing Entities covered by their Participating Addendum), except to the extent altered, modified, supplemented or amended by a Participating Addendum. By way of illustration and not limitation, this authority may apply to unique delivery and invoicing requirements, confidentiality requirements, defaults on Orders, governing law and venue relating to Orders by a Participating Entity, indemnification, and insurance requirements. Statutory or constitutional requirements relating to availability of funds may require specific language in some Participating Addenda in order to comply with applicable law. The expectation is that these alterations, modifications, supplements, or amendments will be addressed in the Participating Addendum or, with the consent of the Purchasing Entity and Contractor, may be included in the ordering document (e.g. purchase order or contract) used by the Purchasing Entity to place the Order. b. Use of specific NASPO ValuePoint cooperative Master Agreements by state agencies, political subdivisions and other Participating Entities (including cooperatives) authorized by individual state’s statutes to use state contracts are subject to the approval of the respective State Chief Procurement Official. Issues of interpretation and eligibility for participation are solely within the authority of the respective State Chief Procurement Official. c. Obligations under this Master Agreement are limited to those Participating Entities who have signed a Participating Addendum and Purchasing Entities within the scope of those Participating Addenda. Financial obligations of Participating States are limited to the orders placed by the departments or other state agencies and institutions having available funds. Participating States incur no financial obligations on behalf of other Purchasing Entities. Contractor shall email a fully executed PDF copy of each Participating Addendum to PA@naspovaluepoint.org to support documentation of participation and posting in appropriate data bases. d. NASPO Cooperative Purchasing Organization LLC, doing business as NASPO ValuePoint, is not a party to the Master Agreement. It is a nonprofit cooperative purchasing organization assisting states in administering the NASPO cooperative purchasing program for state government departments, institutions, agencies and political subdivisions (e.g., colleges, school districts, counties, cities, etc.) for all 50 states, the District of Columbia and the territories of the United States. e. State Participating Addenda or other Participating Addenda shall not be construed to amend the terms of this Master Agreement between the Lead State and Contractor that prescribe NASPO ValuePoint Program requirements: Term of the Master Agreement; Amendments; Participants and 11 Scope; Administrative Fee; NASPO ValuePoint Summary and Detailed Usage Reports; NASPO ValuePoint Cooperative Program Marketing and Performance Review; NASPO ValuePoint eMarketCenter; Right to Publish; Price and Rate Guarantee Period; and Individual Customers. Any such language shall be void and of no effect. f. Participating Entities who are not states may under some circumstances sign their own Participating Addendum, subject to the approval of participation by the Chief Procurement Official of the state where the Participating Entity is located. Coordinate requests for such participation through NASPO ValuePoint. Any permission to participate through execution of a Participating Addendum is not a determination that procurement authority exists in the Participating Entity; they must ensure that they have the requisite procurement authority to execute a Participating Addendum. g. Resale. “Resale” means any payment in exchange for transfer of tangible goods, software, or assignment of the right to services. Subject to any specific conditions included in the solicitation or Contractor’s proposal as accepted by the Lead State, or as explicitly permitted in a Participating Addendum, Purchasing Entities may not resell Products (the definition of which includes services that are deliverables). Absent any such condition or explicit permission, this limitation does not prohibit: payments by employees of a Purchasing Entity for Products; sales of Products to the general public as surplus property; and fees associated with inventory transactions with other governmental or nonprofit entities and consistent with a Purchasing Entity’s laws and regulations. Any sale or transfer permitted by this subsection must be consistent with license rights granted for use of intellectual property. 6. Administrative Fees (Negotiated) a. The Contractor shall pay to NASPO ValuePoint, or its assignee, a NASPO ValuePoint Administrative Fee of one-quarter of one percent (0.25% or 0.0025) no later than sixty (60) days following the end of each calendar quarter. The NASPO ValuePoint Administrative Fee shall be submitted quarterly and is based on all sales of products and services under the Master Agreement (less any charges for taxes or shipping). The NASPO ValuePoint Administrative Fee is not negotiable. This fee is to be included as part of the pricing submitted with proposal. b. Additionally, some states may require an additional fee be paid directly to the state only on purchases made by Purchasing Entities within that state. For all such requests, the fee level, payment method and schedule for such reports and payments will be negotiated and incorporated into the Participating Addendum that is made a part of the Master Agreement. The Contractor may adjust the Master Agreement pricing accordingly for purchases made by Purchasing Entities within the jurisdiction of the state. All such agreements shall not affect the NASPO ValuePoint Administrative Fee percentage or the prices paid by the Purchasing Entities outside the jurisdiction of the state requesting the additional fee. The NASPO ValuePoint Administrative Fee in subsection 6 a. above shall be based on the gross amount of all sales (less any charges for taxes or shipping) at the adjusted prices (if any) in Participating Addenda. 7. NASPO ValuePoint Summary and Detailed Usage Reports In addition to other reports that may be required by this solicitation, the Contractor shall provide the following NASPO ValuePoint reports. 12 a. Summary Sales Data. The Contractor shall submit quarterly sales reports directly to NASPO ValuePoint using the NASPO ValuePoint Quarterly Sales/Administrative Fee Reporting Tool found at http://www.naspo.org/WNCPO/Calculator.aspx. Any/all sales made under this Master Agreement shall be reported as cumulative totals by state. Even if Contractor experiences zero sales during a calendar quarter, a report is still required. Reports shall be due no later than thirty (30) days following the end of the calendar quarter (as specified in the reporting tool). b. Detailed Sales Data. Contractor shall also report detailed sales data by: (1) state; (2) entity/customer type, e.g. local government, higher education, K12, non-profit; (3) Purchasing Entity name; (4) Purchasing Entity bill-to and ship-to locations; (4) Purchasing Entity and Contractor Purchase Order identifier/number(s); (5) Purchase Order Type (e.g. sales order, credit, return, upgrade, determined by industry practices); (6) Purchase Order date; (7) Ship Date; (8) and line item description, including product number if used. The report shall be submitted in any form required by the solicitation. Reports are due on a quarterly basis and must be received by the Lead State and NASPO ValuePoint Cooperative Development Team no later than thirty (30) days after the end of the reporting period. Reports shall be delivered to the Lead State and to the NASPO ValuePoint Cooperative Development Team electronically through a designated portal or email, CD-ROM, flash drive or other method as determined by the Lead State, NASPO ValuePoint and the Contractor. Detailed sales data reports shall include sales information for all sales under Participating Addenda executed under this Master Agreement. The format for the detailed sales data report is in shown in Attachment I – Usage Reporting Template c. Reportable sales for the summary sales data report and detailed sales data report includes sales to employees for personal use where authorized by the solicitation and the Participating Addendum. Report data for employees should be limited to ONLY the state and entity they are participating under the authority of (state and agency, city, county, school district, etc.) and the amount of sales. No personal identification numbers, e.g. names, addresses, social security numbers or any other numerical identifier, may be submitted with any report. d. Contractor shall provide the NASPO ValuePoint Cooperative Development Coordinator with an executive summary each quarter that includes, at a minimum, a list of states with an active Participating Addendum, states that Contractor is in negotiations with and any Participating Addendum roll out or implementation activities and issues. NASPO ValuePoint Cooperative Development Coordinator and Contractor will determine the format and content of the executive summary. The executive summary is due thirty (30) days after the conclusion of each calendar quarter. e. Timely submission of these reports is a material requirement of the Master Agreement. The recipient of the reports shall have exclusive ownership of the media containing the reports. The Lead State and NASPO ValuePoint shall have a perpetual, irrevocable, non-exclusive, royalty free, transferable right to display, modify, copy, and otherwise use reports, data and information provided under this section. 8. NASPO ValuePoint Cooperative Program Marketing and Performance Review a. Contractor agrees to work cooperatively with NASPO ValuePoint personnel. Contractor agrees to present plans to NASPO ValuePoint for the education of Contractor’s contract administrator(s) and sales/marketing workforce regarding the Master Agreement contract, including the competitive 13 nature of NASPO ValuePoint procurements, the Master agreement and participating addendum process, and the manner in which qualifying entities can participate in the Master Agreement. b. Contractor agrees to participate in an annual contract performance review at a location selected by the Lead State and NASPO ValuePoint, which may include a discussion of marketing action plans, target strategies, marketing materials, as well as Contractor reporting and timeliness of payment of administration fees. 9. NASPO ValuePoint eMarket Center a. In July 2011, NASPO ValuePoint entered into a multi-year agreement with SciQuest, Inc. whereby SciQuest will provide certain electronic catalog hosting and management services to enable eligible NASPO ValuePoint’s customers to access a central online website to view and/or shop the goods and services available from existing NASPO ValuePoint Cooperative Contracts. The central online website is referred to as the NASPO ValuePoint eMarket Center. b. The Contractor will have visibility in the eMarket Center through Ordering Instructions. These Ordering Instructions are available at no cost to the Contractor and provide customers information regarding the Contractors website and ordering information. The Contractor is required at a minimum to participate in the eMarket Center through Ordering Instructions. c. At a minimum, the Contractor agrees to the following timeline: NASPO ValuePoint eMarket Center Site Admin shall provide a written request to the Contractor to begin Ordering Instruction process. The Contractor shall have thirty (30) days from receipt of written request to work with NASPO ValuePoint to provide any unique information and ordering instructions that the Contractor would like the customer to have. d. If the solicitation requires either a catalog hosted on or integration of a punchout site with eMarket Center or either solution is proposed by a Contractor and accepted by the Lead State, the provisions of the eMarket Center Appendix to these NASPO ValuePoint Master Agreement Terms and Conditions apply. 10. Right to Publish Throughout the duration of this Master Agreement, Contractor must secure from the Lead State prior approval for the release of any information that pertains to the potential work or activities covered by the Master Agreement. The Contractor shall not make any representations of NASPO Value Point’s opinion or position as to the quality or effectiveness of the services that are the subject of this Master Agreement without prior written consent. Failure to adhere to this requirement may result in termination of the Master Agreement for cause. 11. Price and Rate Guarantee Period All prices and rates must be guaranteed for the initial term of the Master Agreement. Following the initial Master Agreement period, any request for price or rate adjustment must be for an equal guarantee period, and must be made at least 30 days prior to the effective date. Requests for price or rate adjustment must include sufficient documentation supporting the request. Any adjustment or amendment to the Master Agreement shall not be effective unless approved by the Lead State. No retroactive adjustments to prices or rates will be allowed. 14 12. Individual Customers Except to the extent modified by a Participating Addendum, each Purchasing Entity shall follow the terms and conditions of the Master Agreement which include the Oklahoma Terms and Conditions and NASPO ValuePoint Master Agreement Terms and Conditions, and applicable Participating Addendum and will have the same rights and responsibilities for their purchases as the Lead State has in the Master Agreement, including but not limited to, any indemnity or right to recover any costs as such right is defined in the Master Agreement and applicable Participating Addendum for their purchases. Each Purchasing Entity will be responsible for its own charges, fees, and liabilities. The Contractor will apply the charges and invoice each Purchasing Entity individually. Administration of Orders 13. Ordering a. Master Agreement order and purchase order numbers shall be clearly shown on all acknowledgments, shipping labels, packing slips, invoices, and on all correspondence. b. The resulting Master Agreements permit Purchasing Entities to define project-specific requirements and informally compete the requirement among companies having a Master Agreement on an “as needed” basis. This procedure may also be used when requirements are aggregated or other firm commitments may be made to achieve reductions in pricing. This procedure may be modified in Participating Addenda and adapted to the Purchasing Entity’s rules and policies. The Purchasing Entity may in its sole discretion determine which Master Agreement Contractors should be solicited for a quote. The Purchasing Entity may select the quote that it considers most advantageous, cost and other factors considered. c. Each Purchasing Entity will identify and utilize its own appropriate purchasing procedure and documentation. Contractor is expected to become familiar with the Purchasing Entities’ rules, policies, and procedures regarding the ordering of supplies and/or services contemplated by this Master Agreement. d. Contractor shall not begin work without a valid Purchase Order or other appropriate commitment document compliance with the law of the Purchasing Entity. e. Orders may be placed consistent with the terms of this Master Agreement during the term of the Master Agreement. f. All Orders pursuant to this Master Agreement, at a minimum, shall include: (1) The services or supplies being delivered; (2) The place and requested time of delivery; (3) A billing address; (4) The name, phone number, and address of the Purchasing Entity representative; (5) The price per hour or other pricing elements consistent with this Master Agreement and the contractor’s proposal; (6) A ceiling amount of the order for services being ordered; and 15 (7) The Master Agreement identifier. g. All communications concerning administration of Orders placed shall be furnished solely to the authorized purchasing agent within the Purchasing Entity’s purchasing office, or to such other individual identified in writing in the Order. h. Orders must be placed pursuant to this Master Agreement prior to the termination date thereof, but may have a delivery date or performance period up to 120 days past the then-current termination date of this Master Agreement. Contractor is reminded that financial obligations of Purchasing Entities payable after the current applicable fiscal year are contingent upon agency funds for that purpose being appropriated, budgeted, and otherwise made available. i. Notwithstanding the expiration or termination of this Master Agreement, Contractor agrees to perform in accordance with the terms of any Orders then outstanding at the time of such expiration or termination. Contractor shall not honor any Orders placed after the expiration or termination of this Master Agreement, or otherwise inconsistent with its terms. Orders from any separate indefinite quantity, task orders, or other form of indefinite delivery order arrangement priced against this Master Agreement may not be placed after the expiration or termination of this Master Agreement, notwithstanding the term of any such indefinite delivery order agreement. 14. Shipping and Delivery (Negotiated) a. The prices are the delivered price to any Purchasing Entity. All deliveries shall be F.O.B. destination, freight pre-paid, with all transportation and handling charges paid by the Contractor. Responsibility and liability for loss or damage shall remain the Contractor’s until final inspection and acceptance when responsibility shall pass to the Buyer except as to latent defects, fraud and Contractor’s warranty obligations. The minimum shipment amount, if any, will be found in the special terms and conditions. Any order for less than the specified amount is to be shipped with the freight prepaid and added as a separate item on the invoice. Any portion of an order to be shipped without transportation charges that is back ordered shall be shipped without charge. b. All deliveries will be “Inside Deliveries” as designated by a representative of the Purchasing Entity placing the Order. Inside Delivery refers to a delivery to other than a loading dock, front lobby, or reception area. Specific delivery instructions will be noted on the order form or Purchase Order. Any damage to the building interior, scratched .walls, damage to the freight elevator, etc., will be the responsibility of the Offeror. If damage does occur, it is the responsibility of the Offeror to immediately notify the Purchasing Entity placing the Order. c. All products must be delivered in the manufacturer’s standard package. Costs shall include all packing and/or crating charges. Cases shall be of durable construction, good condition, properly labeled and suitable in every respect for storage and handling of contents. Each shipping carton shall be marked with the item description, brand and manufacturer product number, quantity, and the Ordering Entity’s Purchase Order number. d. Orders for less than $200.00 are subject to a $10.00 processing fee. 16 15. Laws and Regulations Any and all Products offered and furnished shall comply fully with all applicable Federal and State laws and regulations. 16. Inspection and Acceptance (Negotiated) a. Where the Master Agreement or an Order does not otherwise specify a process for inspection and Acceptance, this section governs. This section is not intended to limit rights and remedies under the applicable commercial code. b. All Products are subject to inspection at reasonable times and places before Acceptance, which shall not be later than five (5) business days after the date of delivery of the products to the Participating or Purchasing Entity. Contractor shall provide right of access to the Lead State, or to any other authorized agent or official of the Lead State or other Participating or Purchasing Entity, at reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance requirements under this Master Agreement. Products that do not meet specifications may be rejected. Return of any products purchased and accepted pursuant to this agreement are subject to the terms set forth in the Physio-Control Returned Product Policy in Section C, Exhibit A to this Master Agreement. Failure to reject upon receipt, however, does not relieve the contractor of liability for material (nonconformity that substantial impairs value) latent or hidden defects subsequently revealed when goods are put to use. Acceptance of such goods may be revoked in accordance with the provisions of the applicable commercial code, and the Contractor is liable for any resulting expense incurred by the Purchasing Entity related to the preparation and shipping of Product rejected and returned, or for which Acceptance is revoked. c. If any services do not conform to contract requirements, the Purchasing Entity may require the Contractor to perform the services again in conformity with contract requirements, at no increase in Order amount. When defects cannot be corrected by re-performance, the Purchasing Entity may require the Contractor to take necessary action to ensure that future performance conforms to contract requirements. d. The warranty period shall begin upon Acceptance. e. Acceptance Testing may be explicitly set out in a Master Agreement to ensure conformance to an explicit standard of performance. Acceptance Testing means the process set forth in the Master Agreement for ascertaining that the Product meets the standard of performance prior to Acceptance by the Purchasing Entity. If Acceptance Testing is prescribed, this subsection applies to applicable Products purchased under this Master Agreement, including any additional, replacement, or substitute Product(s) and any Product(s) which are modified by or with the written approval of Contractor after Acceptance by the Purchasing Entity. The Acceptance Testing period shall be thirty (30) calendar days starting from the day after the Product is delivered. Within 30 days of receipt of a shipment, Purchasing Entity shall notify Contractor of any claim for Product damage or nonconformity. Contractor, at its sole option and discretion, may repair or replace a Product to bring it into conformity. Return of any Product by Customer shall be governed by the provisions of Section C, Exhibit A Physio- Control Returned Product Policy. 17 17. Payment Payment after Acceptance is normally made within 30 days following the date the entire order is delivered or the date a correct invoice is received, whichever is later. After 45 days the Contractor may assess overdue account charges up to a maximum rate of one percent per month on the outstanding balance, unless a different late payment amount is specified in a Participating Addendum, Order, or otherwise prescribed by applicable law. Payments will be remitted by mail. Payments may be made via a State or political subdivision “Purchasing Card” with no additional charge. 18. Warranty (Negotiated) Products purchased under this Master Agreement are subject to the terms and coverage set forth in Section C, Exhibit A of this Master Agreement. 19. Title of Product Upon Acceptance by the Purchasing Entity, Contractor shall convey to Purchasing Entity title to the Product free and clear of all liens, encumbrances, or other security interests. Transfer of title to the Product shall include an irrevocable and perpetual license to use any Embedded Software in the Product. If Purchasing Entity subsequently transfers title of the Product to another entity, Purchasing Entity shall have the right to transfer the license to use the Embedded Software with the transfer of Product title. A subsequent transfer of this software license shall be at no additional cost or charge to either Purchasing Entity or Purchasing Entity’s transferee. 20. License of Pre-Existing Intellectual Property (Negotiated) a. Contractor grants to the Purchasing Entity a nonexclusive, perpetual, royalty-free, irrevocable, license to use, publish, translate, reproduce, transfer with any sale of tangible media or Product, perform, display, and dispose of the Intellectual Property, and its derivatives, used or delivered under this Master Agreement, but not created under it (“Pre-existing Intellectual Property”). The Contractor shall be responsible for ensuring that this license is consistent with any third party rights in the Pre-existing Intellectual Property. b. Through the purchase of Contractor Products, Purchasing Entity does not acquire any interest in any tooling, drawings, design information, computer programming, software or firmware, patents, intellectual property, or copyrighted or confidential information related to the Products. Customer expressly agrees not to reverse engineer or decompile Products or related software and information General Provisions 21. Insurance (Negotiated) a. Unless otherwise agreed in a Participating Addendum, Contractor shall, during the term of this Master Agreement, maintain in full force and effect, the insurance described in this section. Contractor shall acquire such insurance from an insurance carrier or carriers licensed to conduct business in each Participating Entity’s state and having a rating of A-, Class VII or better, in the most recently published edition of A.M. Best’s Insurance Reports. Failure to buy and maintain the 18 required insurance may result in this Master Agreement’s termination or, at a Participating Entity’s option, result in termination of its Participating Addendum. b. Coverage shall be written on an occurrence basis. The minimum acceptable limits shall be as indicated below: (1) Commercial General Liability covering premises operations, independent contractors, products and completed operations, blanket contractual liability, personal injury (including death), advertising liability, and property damage, with a limit of not less than $1 million per occurrence/$2 million general aggregate; (2) Contractor must comply with any applicable State Workers Compensation or Employers Liability Insurance requirements. c. Contractor shall pay premiums on all insurance policies. Contractor shall provide notice to a Participating Entity who is a state within five (5) business days after Contractor is first aware of expiration, cancellation or nonrenewal of such policy or is first aware that cancellation is threatened or expiration, nonrenewal or expiration otherwise may occur. d. Prior to commencement of performance, Contractor shall provide to the Lead State a written endorsement to the Contractor’s general liability insurance policy or other documentary evidence acceptable to the Lead State that (1) names the Participating States identified in the Request for Proposal as additional insureds, (2) provides that written notice of cancellation shall be delivered in accordance with the policy provisions, and (3) provides that the Contractor’s liability insurance policy shall be primary, with any liability insurance of any Participating State as secondary and noncontributory, except in the event the Participating State is responsible as determined by a court of competent jurisdiction for a liability which in such case the Participating State shall be responsible for its proportionate share. Unless otherwise agreed in any Participating Addendum, other state Participating Entities’ rights and Contractor’s obligations are the same as those specified in the first sentence of this subsection except the endorsement is provided to the applicable state. e. Contractor shall furnish to the Lead State copies of certificates of all required insurance in a form sufficient to show required coverage within thirty (30) calendar days of the execution of this Master Agreement and prior to performing any work. Copies of renewal certificates of all required insurance shall be furnished within thirty (30) days after any renewal date to the applicable state Participating Entity. Failure to provide evidence of coverage may, at the sole option of the Lead State, or any Participating Entity, result in this Master Agreement’s termination or the termination of any Participating Addendum. f. Coverage and limits shall not limit Contractor’s liability and obligations under this Master Agreement, any Participating Addendum, or any Purchase Order. 22. Records Administration and Audit. (Negotiated) a. The Contractor shall maintain books, records, documents, and other evidence pertaining to this Master Agreement and Orders placed by Purchasing Entities under it to the extent and in such detail as shall adequately reflect performance and administration of payments and fees. Contractor shall permit the Lead State, a Participating Entity, a Purchasing Entity, the federal government (including its grant awarding entities and the U.S. Comptroller General), and any other duly authorized agent of a governmental agency, to audit, inspect, examine, copy and/or transcribe Contractor's books, 19 documents, papers and records directly pertinent to this Master Agreement or orders placed by a Purchasing Entity under it for the purpose of making audits, examinations, excerpts, and transcriptions. This right shall survive for a period of seven (7) years following termination of this Agreement or final payment for any order placed by a Purchasing Entity against this Agreement, whichever is later, or such longer period as is required by the Purchasing Entity’s state statutes, to assure compliance with the terms hereof or to evaluate performance hereunder. It is understood that costs for audits performed by the Participating State or Purchasing Entity shall be at their own expense. b. Without limiting any other remedy available to any governmental entity, the Contractor shall reimburse the applicable Lead State, Participating Entity, or Purchasing Entity for any overpayments inconsistent with the terms of the Master Agreement or Orders or underpayment of fees found as a result of the examination of the Contractor’s records Furthermore, the applicable Lead State, Participating Entity, or Purchasing Entity shall reimburse the Contractor for any underpayments found as a result of the examination of these records. c. The rights and obligations herein exist in addition to any quality assurance obligation in the Master Agreement requiring the Contractor to self-audit contract obligations and that permits the Lead State to review compliance with those obligations. 23. Confidentiality, Non-Disclosure, and Injunctive Relief a. Confidentiality. Contractor acknowledges that it and its employees or agents may, in the course of providing a Product under this Master Agreement, be exposed to or acquire information that is confidential to Purchasing Entity or Purchasing Entity’s clients. Any and all information of any form that is marked as confidential or would by its nature be deemed confidential obtained by Contractor or its employees or agents in the performance of this Master Agreement, including, but not necessarily limited to (1) any Purchasing Entity’s records, (2) personnel records, and (3) information concerning individuals, is confidential information of Purchasing Entity (“Confidential Information”). Any reports or other documents or items (including software) that result from the use of the Confidential Information by Contractor shall be treated in the same manner as the Confidential Information. Confidential Information does not include information that (1) is or becomes (other than by disclosure by Contractor) publicly known; (2) is furnished by Purchasing Entity to others without restrictions similar to those imposed by this Master Agreement; (3) is rightfully in Contractor’s possession without the obligation of nondisclosure prior to the time of its disclosure under this Master Agreement; (4) is obtained from a source other than Purchasing Entity without the obligation of confidentiality, (5) is disclosed with the written consent of Purchasing Entity or; 20 (6) is independently developed by employees, agents or subcontractors of Contractor who can be shown to have had no access to the Confidential Information. b. Non-Disclosure. Contractor shall hold Confidential Information in confidence, using at least the industry standard of confidentiality, and shall not copy, reproduce, sell, assign, license, market, transfer or otherwise dispose of, give, or disclose Confidential Information to third parties or use Confidential Information for any purposes whatsoever other than what is necessary to the performance of Orders placed under this Master Agreement. Contractor shall advise each of its employees and agents of their obligations to keep Confidential Information confidential. Contractor shall use commercially reasonable efforts to assist Purchasing Entity in identifying and preventing any unauthorized use or disclosure of any Confidential Information. Without limiting the generality of the foregoing, Contractor shall advise Purchasing Entity, applicable Participating Entity, and the Lead State immediately if Contractor learns or has reason to believe that any person who has had access to Confidential Information has violated or intends to violate the terms of this Master Agreement, and Contractor shall at its expense cooperate with Purchasing Entity in seeking injunctive or other equitable relief in the name of Purchasing Entity or Contractor against any such person. Except as directed by Purchasing Entity, Contractor will not at any time during or after the term of this Master Agreement disclose, directly or indirectly, any Confidential Information to any person, except in accordance with this Master Agreement, and that upon termination of this Master Agreement or at Purchasing Entity’s request, Contractor shall turn over to Purchasing Entity all documents, papers, and other matter in Contractor's possession that embody Confidential Information. Notwithstanding the foregoing, Contractor may keep one copy of such Confidential Information necessary for quality assurance, audits and evidence of the performance of this Master Agreement. c. Injunctive Relief. Contractor acknowledges that breach of this section, including disclosure of any Confidential Information, will cause irreparable injury to Purchasing Entity that is inadequately compensable in damages. Accordingly, Purchasing Entity may seek and obtain injunctive relief against the breach or threatened breach of the foregoing undertakings, in addition to any other legal remedies that may be available. Contractor acknowledges and agrees that the covenants contained herein are necessary for the protection of the legitimate business interests of Purchasing Entity and are reasonable in scope and content. d. Purchasing Entity Law. These provisions shall be applicable only to extent they are not in conflict with the applicable public disclosure laws of any Purchasing Entity. 24. Public Information. This Master Agreement and all related documents are subject to disclosure pursuant to the Purchasing Entity’s public information laws. 25. Assignment/Subcontracts a. Contractor shall not assign, sell, transfer, subcontract or sublet rights, or delegate responsibilities under this Master Agreement, in whole or in part, without the prior written approval of the Lead State. 21 b. The Lead State reserves the right to assign any rights or duties, including written assignment of contract administration duties to NASPO Cooperative Purchasing Organization LLC, doing business as NASPO ValuePoint. 26. Changes in Contractor Representation The Contractor must notify the Lead State of changes in the Contractor’s key administrative personnel managing the Master Agreement in writing within 10 calendar days of the change. The Lead State reserves the right to approve changes in key personnel, as identified in the Contractor’s Proposal. The Contractor agrees to propose replacement key personnel having substantially equal or better education, training, and experience as was possessed by the key person proposed and evaluated in the Contractor’s Proposal. 27. Independent Contractor The Contractor shall be an independent contractor. Contractor shall have no authorization, express or implied, to bind the Lead State, Participating States, other Participating Entities, or Purchasing Entities to any agreements, settlements, liability or understanding whatsoever, and agrees not to hold itself out as agent except as expressly set forth herein or as expressly agreed in any Participating Addendum. 28. Cancellation Unless otherwise stated, this Master Agreement may be canceled by either party upon 60 days written notice prior to the effective date of the cancellation. Further, any Participating Entity may cancel its participation upon 30 days written notice, unless otherwise limited or stated in the Participating Addendum. Cancellation may be in whole or in part. Any cancellation under this provision shall not affect the rights and obligations attending orders outstanding at the time of cancellation, including any right of a Purchasing Entity to indemnification by the Contractor, rights of payment for Products delivered and accepted, rights attending any warranty or default in performance in association with any Order, and requirements for records administration and audit. Cancellation of the Master Agreement due to Contractor default may be immediate. 29. Force Majeure Neither party to this Master Agreement shall be held responsible for delay or default caused by unusually severe weather, fire or other casualty, act of God, strike or labor dispute, war or other violence, or any law, order or requirement of any governmental agency or authority which are beyond that party’s reasonable control. The Lead State may terminate this Master Agreement after determining such delay or default will reasonably prevent successful performance of the Master Agreement. 30. Defaults and Remedies a. The occurrence of any of the following events shall be an event of default under this Master Agreement: (1) Nonperformance of contractual requirements; or (2) A material breach of any term or condition of this Master Agreement; or 22 (3) Any certification, representation or warranty by Contractor in response to the solicitation or in this Master Agreement that proves to be untrue or materially misleading; or (4) Institution of proceedings under any bankruptcy, insolvency, reorganization or similar law, by or against Contractor, or the appointment of a receiver or similar officer for Contractor or any of its property, which is not vacated or fully stayed within thirty (30) calendar days after the institution or occurrence thereof; or (5) Any default specified in another section of this Master Agreement. b. Upon the occurrence of an event of default, the Lead State shall issue a written notice of default, identifying the nature of the default, and providing a period of 15 calendar days in which Contractor shall have an opportunity to cure the default. The Lead State shall not be required to provide advance written notice or a cure period and may immediately terminate this Master Agreement in whole or in part if the Lead State, in its sole discretion, determines that it is reasonably necessary to preserve public safety or prevent immediate public crisis. Time allowed for cure shall not diminish or eliminate Contractor’s liability for damages, including liquidated damages to the extent provided for under this Master Agreement. c. If Contractor is afforded an opportunity to cure and fails to cure the default within the period specified in the written notice of default, Contractor shall be in breach of its obligations under this Master Agreement and the Lead State shall have the right to exercise any or all of the following remedies: (1) Exercise any remedy provided by law; and (2) Terminate this Master Agreement and any related Contracts or portions thereof; and (3) Impose liquidated damages as provided in this Master Agreement; and (4) Suspend Contractor from being able to respond to future bid solicitations; and (5) Suspend Contractor’s performance; and (6) Withhold payment until the default is remedied. d. Unless otherwise specified in the Participating Addendum, in the event of a default under a Participating Addendum, a Participating Entity shall provide a written notice of default as described in this section and shall have all of the rights and remedies under this paragraph regarding its participation in the Master Agreement, in addition to those set forth in its Participating Addendum. Unless otherwise specified in a Purchase Order, a Purchasing Entity shall provide written notice of default as described in this section and have all of the rights and remedies under this paragraph and any applicable Participating Addendum with respect to an Order placed by the Purchasing Entity. Nothing in these Master Agreement Terms and Conditions shall be construed to limit the rights and remedies available to a Purchasing Entity under the applicable commercial code. 31. Waiver of Breach Failure of the Lead State, Participating Entity, or Purchasing Entity to declare a default or enforce any rights and remedies shall not operate as a waiver under this Master Agreement or Participating Addendum. Any waiver by the Lead State, Participating Entity, or Purchasing Entity must be in writing. Waiver by the Lead State or Participating Entity of any default, right or remedy under this Master Agreement or Participating Addendum, or by Purchasing Entity with respect to any Purchase Order, or 23 breach of any terms or requirements of this Master Agreement, a Participating Addendum, or Purchase Order shall not be construed or operate as a waiver of any subsequent default or breach of such term or requirement, or of any other term or requirement under this Master Agreement, Participating Addendum, or Purchase Order. 32. Debarment The Contractor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction (contract) by any governmental department or agency. This certification represents a recurring certification made at the time any Order is placed under this Master Agreement. If the Contractor cannot certify this statement, attach a written explanation for review by the Lead State. 33. Indemnification (Negotiated) a. The Contractor shall defend, indemnify and hold harmless NASPO, NASPO Cooperative Purchasing Organization LLC (doing business as NASPO ValuePoint), the Lead State, Participating Entities, and Purchasing Entities, along with their officers, agents, and employees as well as any person or entity for which they may be liable, from and against third-party claims, damages or causes of action including reasonable attorneys’ fees and related costs for any death, injury, or damage to tangible property arising from act(s), error(s), or omission(s) of the Contractor, its employees or subcontractors or volunteers, at any tier, relating to the performance of the Master Agreement or the defective material or workmanship in the products purchased under the Master Agreement. b. Indemnification – Intellectual Property. The Contractor shall defend, indemnify and hold harmless NASPO, NASPO Cooperative Purchasing Organization LLC (doing business as NASPO ValuePoint), the Lead State, Participating Entities, Purchasing Entities, along with their officers, agents, and employees as well as any person or entity for which they may be liable ("Indemnified Party"), from and against claims, damages or causes of action including reasonable attorneys’ fees and related costs arising out of the claim that the Product or its use, infringes Intellectual Property rights ("Intellectual Property Claim") of another person or entity. (1) The Contractor’s obligations under this section shall not extend to any combination of the Product with any other product, system or method, unless the Product, system or method is: (a) provided by the Contractor or the Contractor’s subsidiaries or affiliates; (b) specified by the Contractor to work with the Product; or (c) reasonably required, in order to use the Product in its intended manner, and the infringement could not have been avoided by substituting another reasonably available product, system or method capable of performing the same function; or (d) It would be reasonably expected to use the Product in combination with such product, system or method. (2) The Indemnified Party shall notify the Contractor within a reasonable time after receiving notice of an Intellectual Property Claim. Even if the Indemnified Party fails to provide reasonable notice, the Contractor shall not be relieved from its obligations unless the Contractor can demonstrate that it was prejudiced in defending the Intellectual Property Claim resulting in increased expenses or loss 24 to the Contractor. If the Contractor promptly and reasonably investigates and defends any Intellectual Property Claim, it shall have control over the defense and settlement of it. However, the Indemnified Party must consent in writing for any money damages or obligations for which it may be responsible. The Indemnified Party shall furnish, at the Contractor’s reasonable request and expense, information and assistance necessary for such defense. If the Contractor fails to vigorously pursue the defense or settlement of the Intellectual Property Claim, the Indemnified Party may assume the defense or settlement of it and the Contractor shall be liable for all costs and expenses, including reasonable attorneys’ fees and related costs, incurred by the Indemnified Party in the pursuit of the Intellectual Property Claim. Unless otherwise agreed in writing, this section is not subject to any limitations of liability in this Master Agreement or in any other document executed in conjunction with this Master Agreement. 34. No Waiver of Sovereign Immunity In no event shall this Master Agreement, any Participating Addendum or any contract or any Purchase Order issued thereunder, or any act of the Lead State, a Participating Entity, or a Purchasing Entity be a waiver of any form of defense or immunity, whether sovereign immunity, governmental immunity, immunity based on the Eleventh Amendment to the Constitution of the United States or otherwise, from any claim or from the jurisdiction of any court. This section applies to a claim brought against the Participating Entities who are states only to the extent Congress has appropriately abrogated the state’s sovereign immunity and is not consent by the state to be sued in federal court. This section is also not a waiver by the state of any form of immunity, including but not limited to sovereign immunity and immunity based on the Eleventh Amendment to the Constitution of the United States. 35. Governing Law and Venue a. The procurement, evaluation, and award of the Master Agreement shall be governed by and construed in accordance with the laws of the Lead State sponsoring and administering the procurement. The construction and effect of the Master Agreement after award shall be governed by the law of the state serving as Lead State. The construction and effect of any Participating Addendum or Order against the Master Agreement shall be governed by and construed in accordance with the laws of the Participating Entity’s or Purchasing Entity’s State. b. Unless otherwise specified in the RFP, the venue for any protest, claim, dispute or action relating to the procurement, evaluation, and award is in the Lead State. Venue for any claim, dispute or action concerning the terms of the Master Agreement shall be in the state serving as Lead State. Venue for any claim, dispute, or action concerning any Order placed against the Master Agreement or the effect of a Participating Addendum shall be in the Purchasing Entity’s State. c. If a claim is brought in a federal forum, then it must be brought and adjudicated solely and exclusively within the United States District Court for (in decreasing order of priority): the Lead State for claims relating to the procurement, evaluation, award, or contract performance or administration if the Lead State is a party; a Participating State if a named party; the state where the Participating Entity or Purchasing Entity is located if either is a named party. 25 36. Assignment of Antitrust Rights Contractor irrevocably assigns to a Participating Entity who is a state any claim for relief or cause of action which the Contractor now has or which may accrue to the Contractor in the future by reason of any violation of state or federal antitrust laws (15 U.S.C. § 1- 15 or a Participating Entity’s state antitrust provisions), as now in effect and as may be amended from time to time, in connection with any goods or services provided in that state for the purpose of carrying out the Contractor's obligations under this Master Agreement or Participating Addendum, including, at the Participating Entity's option, the right to control any such litigation on such claim for relief or cause of action. 37. Contract Provisions for Orders Utilizing Federal Funds. Pursuant to Appendix II to 2 Code of Federal Regulations (CFR) Part 200, Contract Provisions for Non-Federal Entity Contracts Under Federal Awards, Orders funded with federal funds may have additional contractual requirements or certifications that must be satisfied at the time the Order is placed or upon delivery. These federal requirements may be proposed by Participating Entities in Participating Addenda and Purchasing Entities for incorporation in Orders placed under this Master Agreement. 38. Leasing or Alternative Financing Methods. (Negotiated) Intentionally Omitted. No Leasing Options are available. eMarket Center Appendix a. This Appendix applies whenever a catalog hosted by or integration of a punchout site with eMarket Center is required by the solicitation or either solution is proposed by a Contractor and accepted by the Lead State. b. Supplier’s Interface with the eMarket Center. There is no cost charged by SciQuest to the Contractor for loading a hosted catalog or integrating a punchout site. c. At a minimum, the Contractor agrees to the following: (1) Implementation Timeline: NASPO ValuePoint eMarket Center Site Admin shall provide a written request to the Contractor to begin enablement process. The Contractor shall have fifteen (15) days from receipt of written request to work with NASPO ValuePoint and SciQuest to set up an enablement schedule, at which time SciQuest’s technical documentation shall be provided to the Contractor. The schedule will include future calls and milestone dates related to test and go live dates. The contractor shall have a total of Ninety (90) days to deliver either a (1) hosted catalog or (2) punch-out catalog, from date of receipt of written request. (2) NASPO ValuePoint and SciQuest will work with the Contractor, to decide which of the catalog structures (either hosted or punch-out as further described below) shall be provided by the Contractor. Whether hosted or punch-out, the catalog must be strictly limited to the Contractor’s awarded contract offering (e.g. products and/or services not authorized through the resulting cooperative contract should not be viewable by NASPO ValuePoint Participating Entity users). 26 (a) Hosted Catalog. By providing a hosted catalog, the Contractor is providing a list of its awarded products/services and pricing in an electronic data file in a format acceptable to SciQuest, such as Tab Delimited Text files. In this scenario, the Contractor must submit updated electronic data once per quarter to the eMarket Center for the Lead State’s approval to maintain the most up-to-date version of its product/service offering under the cooperative contract in the eMarket Center. (b) Punch-Out Catalog. By providing a punch-out catalog, the Contractor is providing its own online catalog, which must be capable of being integrated with the eMarket Center as a. Standard punch-in via Commerce eXtensible Markup Language (cXML). In this scenario, the Contractor shall validate that its online catalog is up- to-date by providing a written update [every Insert Time Frame Here ] to the Lead State stating they have audited the offered products/services and pricing listed on its online catalog. The site must also return detailed UNSPSC codes (as outlined in line 3) for each line item. Contractor also agrees to provide e-Quote functionality to facilitate volume discounts. d. Revising Pricing and Product Offerings: Any revisions to product/service offerings (new products, altered SKUs, new pricing, etc.) must be pre-approved by the Lead State and shall be subject to any other applicable restrictions with respect to the frequency or amount of such revisions. However, no cooperative contract enabled in Page 21 of 22 NASPO ValuePoint Master Agreement Ts and Cs, (November 2015) the eMarket Center may include price changes on a more frequent basis than once per quarter. The following conditions apply with respect to hosted catalogs: (1) Updated pricing files are required by the 1st of the month and shall go into effect in the eMarket Center on the 1st day of the following month (i.e. file received on 1/01/13 would be effective in the eMarket Center on 2/01/13). Files received after the 1st of the month may be delayed up to a month (i.e. file received on 11/06/09 would be effect in the eMarket Center on 1/01/10). (2) Lead State-approved price changes are not effective until implemented within the eMarket Center. Errors in the Contractor’s submitted pricing files will delay the implementation of the price changes in eMarket Center. e. Supplier Network Requirements: Contractor shall join the SciQuest Supplier Network (SQSN) and shall use the SciQuest’s Supplier Portal to import the Contractor’s catalog and pricing, into the SciQuest system, and view reports on catalog spend and product/pricing freshness. The Contractor can receive orders through electronic delivery (cXML) or through low-tech options such as fax. More information about the SQSN can be found at: www.sciquest.com or call the SciQuest Supplier Network Services team at 800-233-1121. f. Minimum Requirements: Whether the Contractor is providing a hosted catalog or a punch-out catalog, the Contractor agrees to meet the following requirements: (1) Catalog must contain the most current pricing, including all applicable administrative fees and/or discounts, as well as the most up-to-date product/service offerings the Contractor is authorized to provide in accordance with the cooperative contract; and (2) The accuracy of the catalog must be maintained by Contractor throughout the duration of the cooperative contractand 27 (3) The Catalog must include a Lead State contract identification number; and (4) The Catalog must include detailed product line item descriptions; and (5) The Catalog must include pictures when possible; and (6) The Catalog must include any additional NASPO ValuePoint and Participating Addendum requirements. Although suppliers in the SQSN normally submit one (1) catalog, it is possible to have multiple contracts applicable to different NASPO ValuePoint Participating Entities. For example, a supplier may have different pricing for state government agencies and Board of Regents institutions. Suppliers have the ability and responsibility to submit separate contract pricing for the same catalog if applicable. The system will deliver the appropriate contract pricing to the user viewing the catalog. g. Order Acceptance Requirements: Contractor must be able to accept Purchase Orders via fax or cXML. The Contractor shall provide positive confirmation via phone or email within 24 hours of the Contractor’s receipt of the Purchase Order. If the Page 22 of 22 NASPO ValuePoint Master Agreement Ts and Cs, (November 2015) Purchasing Order is received after 3pm EST on the day before a weekend or holiday, the Contractor must provide positive confirmation via phone or email on the next business day. h. UNSPSC Requirements: Contractor shall support use of the United Nations Standard Product and Services Code (UNSPSC). UNSPSC versions that must be adhered to are driven by SciQuest for the suppliers and are upgraded every year. NASPO ValuePoint reserves the right to migrate to future versions of the UNSPSC and the Contractor shall be required to support the migration effort. All line items, goods or services provided under the resulting statewide contract must be associated to a UNSPSC code. All line items must be identified at the most detailed UNSPSC level indicated by segment, family, class and commodity. More information about the UNSPSC is available at: lhttp://www.unspsc.com and http://www.unspsc.com/FAQs.asp#howdoesunspscwork. i. Applicability: Contractor agrees that NASPO ValuePoint controls which contracts appear in the eMarket Center and that NASPO ValuePoint may elect at any time to remove any supplier’s offering from the eMarket Center. j. The Lead State reserves the right to approve the pricing on the eMarket Center. This catalog review right is solely for the benefit of the Lead State and Participating Entities, and the review and approval shall not waive the requirement that products and services be offered at prices (and approved fees) required by the Master Agreement. k. Several NASPO ValuePoint Participating Entities currently maintain separate SciQuest eMarketplaces, these Participating Entities do enable certain NASPO ValuePoint Cooperative Contracts. In the event one of these entities elects to use this NASPO ValuePoint Cooperative Contract (available through the eMarket Center) but publish to their own eMarketplace, the Contractor agrees to work in good faith with the entity and NASPO ValuePoint to implement the catalog. NASPO ValuePoint does not anticipate that this will require substantial additional efforts by the Contractor; however, the supplier agrees to take commercially reasonable efforts to enable such separate SciQuest catalogs. (March 2016) 28 C. CONTRACTOR’S TERMS AND CONDITIONS CONTAINED IN RESPONSE AS REVISED AND ACCEPTED BY THE LEAD STATE PHYSIO-CONTROL LIMITED WARRANTY Subject to the limitations and exclusions set forth below, the following Physio-Control products which are purchased from authorized Physio-Control representatives or authorized resellers for use in the United States of America and Canada and are used in accordance with their instructions, will be free from defects in material and workmanship appearing under normal service and use as defined below. Eight Years: • New LIFEPAK CR® Plus automated external defibrillator and internal battery system Five Years: • New LIFEPAK® 15 monitor/defibrillator series, used in clinic and hospital settings exclusively (with no use in mobile applications) • New LIFEPAK 12 defibrillator/monitor series, used in clinic and hospital settings exclusively (with no use in mobile applications) • New LIFEPAK 20 defibrillator/monitor family of products, used in clinics and hospital settings exclusively (with no use in mobile applications) • New LIFEPAK 1000 defibrillators • New LIFEPAK EXPRESS® automated external defibrillator and internal battery system Two Years: • New Trainer 1000 trainer • CodeManagement Module™ for use with the LIFEPAK 20/20e defibrillator/monitor One Year: • New LIFEPAK 15 monitor/defibrillator series, which include use in out-of-hospital and mobile applications • New LIFEPAK 12 defibrillator/ monitor series, which include use in out-of-hospital and mobile applications • RELI™ LIFEPAK 12 defibrillator/monitor series • New LUCAS® Chest Compression System • New LIFEPAK 500T trainer • New LIFEPAK CR-T trainer • Internal Battery System for LIFEPAK 20 defibrillator/monitor family of products • Battery charging systems and power adapters • All batteries and battery paks, excluding CHARGE-PAK™ Charging Unit • Masimo SET® Rainbow® patient cables and reusable sensors • New TrueCPR™ Coaching Device 180 Days: • Masimo® SET SpO2 only patient cables and reusable sensors 90 Days: 29 • CHARGE-PAK Charging Unit (external system) for LIFEPAK CR Plus defibrillator • Installed customer repair parts • All other product accessories 30 Days: • Internal paddles and internal paddle handles Limited warranty time limits begin on the date of delivery to the First Owner.1 Physio-Control warrants neither error-free nor interruption-free performance. The remedy the First Owner under this Limited Warranty is repair or replacement of defective material or workmanship at the option of Physio-Control. To qualify for the repair or replacement, the product must have been continuously owned by the First Owner and not have been repaired or altered outside of an authorized Physio-Control factory in any way which, in the judgment of Physio-Control, affects its stability and reliability. The product must have been used in accordance with applicable operating instructions and in the intended environment or setting. The product must not have been subjected to misuse, abuse or accident. Physio-Control, in its sole discretion, will determine whether warranty service on the product will be performed in the field or through ship-in repair. For field repair, this warranty service will be provided by Physio-Control at the purchaser's facility or an authorized Physio-Control facility during normal business hours. For ship-in repair, all products and/or assemblies requiring warranty service should be returned to a location designated by Physio- Control, freight prepaid, and must be accompanied by a written, detailed explanation of the claimed failure. Products repaired or replaced under this warranty retain the remainder of the warranty period of the repaired or replaced Product. Except for the Limited Warranty provided above, PHYSIO-CONTROL MAKES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHETHER ARISING FROM STATUTE, COMMON LAW, CUSTOMER OR OTHERWISE. THIS LIMITED WARRANTY SHALL BE THE REMEDY AVAILABLE TO ANY PERSON. PHYSIO-CONTROL IS NOT LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF BUSINESS OR PROFITS) WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. Products are warranted in conformance with applicable laws. If any part or term of this Limited Warranty is held to be illegal, unenforceable or in conflict with applicable law by any court of competent jurisdiction, the validity of the remaining portions of the Limited Warranty shall not be affected, and all rights and obligations shall be construed and enforced as if this Limited Warranty did not contain the particular part or term held to be invalid. Some geographies, including certain US states, do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This Limited Warranty gives the user specific legal rights. The user may also have other rights which vary from state to state or country to country. Physio-Control, Inc. Returned Product Policy If Customer desires to return a purchased product, Customer must call its local Physio-Control representative or the Physio-Control regional sales office for information on credit or replacement of any purchased and non-expired product. A Returned Material Authorization (RMA) number will be provided and must be clearly identified on the carton of any returned product. Customer must return the product to Physio-Control in its original packaging, unopened, and undamaged, except for product that was received in a damaged condition or as otherwise 1 First Owner means the first purchaser or lessee of the products listed above, directly from Physio-Control, through a Physio-Control corporate affiliate, or from an authorized Physio-Control reseller, and includes the invoiced purchaser’s corporate affiliates, and their respective employees, officers and directors. 30 authorized by Physio-Control, which product may be returned in its existing condition. Physio-Control will not accept the return of a non-defective and conforming product if Customer breaks the security seal on the product. Physio-Control will provide an RMA and accept the return of any product under any of the following circumstances: a) Physio-Control shipped the product in error; b) Customer received the product after the product's expiration date; c) Customer received the product in a damaged condition; d) The product is recalled and must be removed from the market; or e) Physio-Control specifically authorizes the return of the product (a 15% restocking fee may apply). Product must be returned within 30 working days from the date the Customer receives the product or within 30 working days from the date the Customer receives notice of recall, if applicable. Upon receipt of a properly returned product, Physio-Control will apply a full credit to Customer’s account or provide replacement. Customer is advised that product returned without an RMA number, or not otherwise authorized, will not be accepted and will be returned to Customer at Customer’s expense. 31 OKLAHOMA NASPO VALUEPOINT MASTER AGREEMENT AWARD Exhibit B – Scope of Work The parties hereby agree and acknowledge that the deviations and offering to the below Scope of Work are detailed in Contractor’s Response to Solicitation No. SW17300. A. Contract Awards Contract awards will only be made to manufacturers. Manufacturers should include as a part of their response approved distributers through which contract users are able to purchase products awarded on contract. All approved distributers should be identified using the provided form (Attachment E of the RFP). If awarded a contract, manufacturers shall ensure the Lead State Contract Administrator is provided with up to date information regarding the status of approved distributors. New distributors should be added using the provided form (Attachment E of the RFP). The Lead State Contract Administrator should be notified in writing, via email, of any distributors that should be removed from the list of approved distributors. Distributors may provide service nationally or locally. The distributor coverage area should be listed in the appropriate section of Attachment E. Each state represented by NASPO ValuePoint that chooses to participate in this Master Agreement independently has the option of deploying only resellers approved by the Participating State. The Participating State that chooses to exercise this option will define the process to add and remove resellers in their Participating Addendum. Awards will be made by the following categories: Public Access and Infrequent User AEDs, First Responder AEDs, and Professional Defibrillators. The specifications for each category can be found below. The State reserves the right to issue an award to an Offer or across all responsive categories if an Offeror meets the award criteria for any category or categories. B. Additional Products Manufacturers awarded a contract have the option of adding additional products at protected prices, where pricing is commensurate with pricing offered in their response. All such additions must be approved by the Lead State Contract Administrator prior to being made available. C. Product Specifications All Offerors responding must provide detailed device specifications demonstrating their ability to meet or exceed the listed criteria, or provide a justification as to why alternate specifications should be considered. The State will deem any response that does not meet the specifications listed below without providing adequate justification for an alternate bid non-responsive. Additionally, Offerors should classify products as Class 1 – Having No Medical Training or Class 2 – Slight Medical Training, and any other classes as appropriate. Offerors should include the cost associated with each device being bid separately using the provided Cost Proposal Forms (Attachment C). If cost information is provided outside of the separate cost proposal section, the Lead State reserves the right to redact an Offeror’s proposal so that it complies with 32 the requirements of the RFP. Such redaction may have a detrimental effect on the competitiveness of an Offeror’s Proposal. a. Public Access and Infrequent User AEDs i. The AED must enhance user performance by displaying visual icons or audible prompts. ii. The AED must guide the rescuer in following the proper rescue sequence. iii. The AED must utilize a biphasic waveform with maximum energy setting of 200 Joules. iv. The AED must be user configurable to adapt to local and changing protocols. v. The AED must be capable of automatic self-tests of the internal circuitry delivery system. vi. The AED self-tests perform automatic daily self-tests or be user programmable for 1-7 day time intervals. vii. The AED must offer the capability of a user-activated manual selftest. viii. The AED must include an easily identifiable on/off switch on the front of the device. ix. The AED must have an easy to see status indicator that advises users if the unit requires service. x. The AED must offer an audible tone that sounds if the unit requires service. xi. The AED must record data to an internal memory. xii. The AED must include the ability to download data to a computer. xiii. The AED must utilize pre-connected, disposable, single use, selfadhesive electrode(s). xiv. The electrode must have a shelf life of at least two years. xv. The AED must have a cable length of at least 48 inches. xvi. The AED must include a patient analysis system that automatically evaluates patient ECG or shockable/non-shockable rhythms. xvii. The AED must be able to operate in a temperature range of 32 degrees Fahrenheit to 122 degrees Fahrenheit. xviii. The AED must have a shock or abuse tolerance that passes the one meter, any edge, corner, or surface drop test in standby mode. b. First Responder AEDs i. The pediatric algorithm must alter the default energy levels the AED delivers to pediatric patients to levels of 50, 70 and 85 Joules. ii. The electrode must offer a CPR rate and depth sensor and an adaptive metronome that assists rescuers in performing proper CPR. iii. The AED must offer disposable, single use, self-adhesive electrode(s)for ease of application. iv. The AED must utilize a biphasic waveform. v. The AED must be capable of operating in semi-automatic and/or manual mode. 33 vi. The AED must have the capability of monitoring a patient with a 3 lead patient cable through ECG electrodes. vii. The energy settings must be user configurable with a pre-set maximum energy setting of 200 Joules or escalating variable energy range up to 360 Joules. viii. The electrode must have a shelf-life of at least two years. ix. The AED must invoke a specific pediatric algorithm when pediatric pads are attached. x. The AED must have an internal memory capable of recording up to 7 hours of continuous information. xi. The internal memory must be configurable to record information on up to four patients. xii. The AED must meet water and particulate ingress ratings of IP55. xiii. The AED must have a shock or abuse tolerance that passes the one meter, any edge, corner, or surface drop test in standby mode. xiv. The AED must have multiple user configurable prompts. c. Professional Defibrillator Specifications i. General: 1. Unit must be able to digitally record ECG on a standard a removable card (optional). 2. Unit must be able to transmit 12-lead ECG information through a fax/modem card. 3. External paddles must be available. 4. Unit shall have a battery that shall be easily and rapidly replaced. 5. Unit shall have an affixed protective roll cage for added device protection. 6. Unit shall have integral carry bags providing an independent location for each cable. 7. Unit shall be able to be tested through multi-function cable or paddles. 8. Unit must provide testing capability which tests: charging, energy delivery, paddles, multi-function cable. 9. Unit must have a test cap to allow multi-function cable testing. 10. Unit must have built-in AC or DC charging as a standard feature. 11. Unit must provide 3 hours typical continuous ECG monitoring time with a new battery. 12. Unit must provide 4 hrs typical continuous ECG monitoring time with a new Lithium Ion battery. 13. Unit must provide an OPS Clock Sync feature as a standard option. 14. The device must be compatible with the AHA Standards for Advanced Cardiac Life Support basis life support and Pediatric Life Support. 15. The device must be capable of monitoring the ECG with appropriate display and alarm (visual and audible). 34 16. The device shall provide normal operating capability for ALS users, including semi- automatic external defibrillation, manual defibrillation, synchronized cardio version and external pacing. 17. The unit shall have the capability to do Pulse Oximetry, 12 lead ECG, end-tidal C02 monitoring, capnography, NIBP, etc. ii. Display: 1. Unit must have a high-resolution color liquid crystal display as a standard feature. 2. Unit must be able to change display from color to black on white or white on black through the push of a button. 3. Unit must have a screen with a sweep speed of 25 mm I sec. 4. Unit must have a screen that provides a minimum viewing time of 4 seconds. 5. Unit must have a display that provides the following information: Heart Rate, Lead/Pads, Alarm On/Off, Sp02, EtC02, NIBP, AED functions and prompts, defibrillator test function, self-test function, error corrections and faults, Pacer functions, Code markers, alarm selection and limits, delivered energy, joule settings, ECG size, Synchronized cardioversion, optional EtC02 readings, Sp02 readings and NIBP readings. iii. Defibrillator: 1. Unit must utilize a low energy, constant current biphasic waveform. 2. Unit must have the following energy selections available to provider in manual mode operation: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 15, 20, 30, 50, 70, 85, 100, 120, 150, 200 joules. 3. Unit must meet current AHA specifications for biphasic defibrillation. 4. Unit must allow provider the ability to adjust energy selection controls on device front panel or sternum paddle. 5. Unit must be able to charge to 200 joules in 6 seconds or less with a new fully charged battery. 6. Unit must display energy selected and delivered on monitor display, strip chart recorder and code summary. 7. Unit must have synchronized cardioversion capability with "sync" message displayed on monitor. 8. Unit must have optional paddles that are external anterior/anterior adult and pediatric paddles. 9. Unit must contain a built in defibrillator tester that tests energy output and continuity of the multifunction cable and paddles documented on strip chart recorder and optional PCMCIA card. 10. Unit must have a "Multi-function" cable that is field replaceable. iv. Recorder: 35 1. Unit must utilize a thermal strip chart recorder. 2. Strip chart recorder must use at least 90mm paper width thermal recording paper. 3. Strip chart recorder must utilize a 6 second delay. 4. Strip chart recorder must be able to print the following annotations: Time, date, defib. energy, heart rate, pacer output (Pacer version only), QRS sync marker, ECG SIZE, lead, alarm, DEFIB TEST OK/FAIL, ANALYZE ECG, PADS OFF, ANALYSIS HALTED, NOISY ECG,SHOCK ADVISED, NO SHOCK ADVISED, ECG TOO LARGE and diagnostic bandwidth. 5. Unit must have user configurable print out modes offering manual or automatic recording options initiated by alarm activation or defibrillator discharge. 6. Strip chart recorder must be able to print 3 leads simultaneously, diagnostic bandwidth and a 4x3 12-lead printout. v. Pacemaker: 1. Unit must utilize a constant current 40 ms pace pulse width. 2. Unit must have a continuously variable current level. 3. Unit must have a continuously variable pacing rate from 30- 180 ppm. 4. Pacer parameters must be maintained when switching back to defibrillation or monitor mode. 5. The heart rate alarms must function in the pacing mode. 6. Unit must have mechanism to allow viewing of intrinsic patient rhythm without losing pacing capture. 7. Unit must be configurable for initial setting of pacing rate. 8. Unit must display pacing rate and milliamps on display. 9. The pacer must continue to deliver life-saving therapy in the event an ECG lead falls off. 10. Unit must be able to pace through multi-function or pacing electrodes. vi. 12- lead ECG: 1. The 12-lead parameter must reside within a defibrillator weighing less than 15 lbs. 2. The 12-lead parameter must be able to provide a diagnostic 12-lead ECG 4x3 printout by holding the recorder button for two seconds. 3. The 12-lead parameter must be capable of providing a diagnostic 12-lead ECG printout with interpretation by pressing the acquire button in the 12-lead mode. 4. The 12-lead parameter must allow direct transmission of 12- lead ECG via land or cell phone to a standard fax machine. 5. The 12-lead parameter must provide a user configuration that allows the option of printing detailed measurements along with the interpretation. 36 6. The 12-lead ECG must be capable of being acquired without entering deep menus and without the use of a trim knob. 7. The unit must offer an optional 0.05 to 40hz bandwidth. 8. The 12-lead parameter must allow users to easily insert patient name, age and gender using soft keys on the defibrillator. 9. The 12-lead parameter must allow users to print the 12 SL Analysis, including measurements and patient name, age and gender on 90mm fan-fold paper. 10. The 12-lead parameter must be capable of storing up to 24 pre-programmed telephone numbers facilitating rapid and easy 12-lead ECG transmission. 11. The 12-lead parameter must allow configuration of user defined lead groups for rapid printout and review of pertinent ECG. 12. The 12-lead patient cable must consist of 4 limb leads and a separate V lead cable. 13. The 12-lead patient cable must be capable of providing limb lead signals directly to the defibrillator when only the limb leads are attached. 14. The 12-lead patient cable must accommodate either snap or clip connectors. 15. The 12-lead parameter must be capable of providing an automatic patient identifier using 7 alphanumeric characters. 16. The 12-lead parameter must be capable of providing a device identifier using 3 alphanumeric characters. 17. The unit must be upgradeable to allow the use of an integrated Bluetooth option for the wireless transmission of 12-lead and vital sign data via a cell phone or other communication technology. 18. The unit must provide serial communication capability through an RS232 serial port. 19. The unit must be able to transmit 12-lead and vital data both automatically and manually on acquisition. 20. The unit must be able to transmit all data stored on a PC card to a remote handheld device or laptop. 21. The unit must be able to provide the option for both landline and cellular transmission when utilizing a Bluetooth wireless option. 22. The unit must offer the option of direct fax transmission via a Bluetooth option. vii. Pulse Oximetry: 1. The unit must have an integral pulse oximeter or be upgradeable to include an integral Pulse Oximeter. 2. The unit must utilize pulse oximetry that has FDA 51 Ok clearance for use during patient motion and low perfusion. 37 3. The unit must utilize sensors that work in bright sunlight. 4. The unit must utilize a pulse oximeter with alarms that are user adjustable in the field. viii. Capnography: 1. The unit, when purchased with Sp02, must have an EtC02 port. 2. All units with an EtC02 port must be upgradeable to include C02 by plugging in a mainstream or sidestream CAPNO 5 sensor. 3. The unit must be able to offer the option to upgrade to either mainstream or sidestream capnography with sensor located outside of the unit allowing easy service and replacement if needed. 4. The defibrillator must be capable of providing continuous EtC02 and Respiratory Rate readings as well as a capnogram for on-screen display or print-out. 5. The C02 sensors used must not require a yearly calibration check. ix. Non-Invasive Blood Pressure: 1. Unit must be capable of acquiring a blood pressure within a typical measurement time of 30 seconds or less on average. 2. Unit must incorporate oscillometric technology. 3. Unit must display systolic, diastolic and mean pressures. 4. Unit must be capable of taking automatic, stat or manual measurements. 5. Automatic intervals should be user adjustable to 2.5, 5, 10, 15, 20, 30, 45, 60, 90, and 120 minutes. 6. Stat mode must allow up to 10 measurements within 5 minutes. 7. Unit must include an artifact indicator which is displayed when excessive artifact is detected. 8. Unit must display a cuff inflation status bar. 9. Unit be capable of displaying and/or printing up to 4 hours of patient BP history data. D. Support Specifications Specifications for product consumables, accessories, and support can be found below. Each Offeror should bid the items or services requested in order to submit a complete Proposal. Where unable to provide an applicable product or service that has been specifically requested, Offerors should provide an explanation for the omission. a. Product Consumables and Accessories i. Market Basket Items A list of the most commonly used consumables and accessories have been identified as market basket on contract. For each device offered, Offerors should bid the relevant market basket included below: 38 a. Batteries b. Adult Pads (electrodes) c. Pediatric Pads (electrodes) d. Carrying Cases e. Wall Mount Kits f. Fast Response Kits Offerors should include in the technical response the market basket items being bid and the specifications of each. No pricing information should be included in the technical response. ii. Catalogue Discount In addition to the line item pricing of their offered devices and market basket items, Offerors must include in their cost proposal a blanket discount off of their catalogue price for items in their catalogue which are not otherwise included in their cost proposal. Pricing information should be included on Attachment C – Cost Proposal Forms. No pricing information should be included in the technical response. b. Warranties and Extended Warranties i. Basic Warranty All Offerors must include a basic warranty for their products for no less than one year at no additional cost to Participating States. Warranties must guarantee the safe and effective operation of devices for the duration of the warranty and the cost for repair or replacement of devices under warranty must be covered by the Offeror. Each Offeror must include a complete description of the coverage provided under their basic warranty. ii. Extended Warranty Offerors may bid an extended warranty past the term of the basic warranty provided under the contract. Offerors must include a complete description of the coverage provided under the extended warranty in their technical response.\ c. Product Training i. Product Documentation All product documentation, manuals, and specifications must be provided at the request of Participating States for no additional cost. ii. Web/Video Training Offerors must provide online or multimedia training options at no additional cost to the participating States. Offerors must include in their Proposal a description of the online and multimedia training options that are available. iii. On-site Training 39 Offerors should include a description of their ability to provide onsite training, as requested. The cost for on-site training should be reflected in the Offerors’ cost proposals as a separate per day rate for each Participating State. d. Software Updates i. Offerors must include a description of updates required for the AED unit to maintain full functionality over the anticipated life of the unit and the methodology for performing or accessing the updates. e. Customer and Service Support i. 24/7 Call Support 24/7 Call Technical Support must be offered for all devices for a period of no less than 3 years after purchase at no additional cost to the Participating States. ii. Service Plan Offerors must propose a bi-annual service agreement to provide maintenance and repair on their proposed devices. Offerors Service Agreement will include, but are not limited to, the following services: and national regulations. Offerors must be aware of local requirements for the States in which they will be servicing. Offerors will submit their detailed plan on what is included and how they will provide maintenance and repairs on their proposed devices. Pricing will be on a semi-annual basis. All work performed under the service agreement must meet the Manufacturers specifications for that device. Offerors may submit additional information on whether they have different types of service agreements to provide maintenance and repair on their devices, i.e., standard service agreement or premier service agreement. f. Value Added Options Offerors may include in their Proposal additional Value Added options not specifically requested in the scope of work. Value Added options should not deviate from the nature of products and services requested in the scope of work and should include a thorough description of the option and how it brings value to the State. Examples include battery replacement plans, unconventional training options, and other services not specified. Award of Value Added options is subject to the approval of the Lead State. 40 OKLAHOMA NASPO VALUEPOINT MASTER AGREEMENT AWARD EXHIBIT C- PRICE AND COST PROPOSAL Cost for this Master Agreements shall be based on the following: Fixed rate line item pricing on devices and market basket items and a percentage discount off a supplier’s catalogue pricing shall be offered on SW17300. Price Schedule for each or any category of goods identified in Attachment B of this RFP and reflected in the Price Schedule. The percentage discounts offered for each type of service in Attachment B of this RFP shall remain firm for the duration of the NASPO ValuePoint Master Agreements, including all optional renewals. Each of the categories, excluding on-site training, must have a single price or rate list for all Participating Entities. Offeror must submit cost, prices and rates as required by the Cost Proposal Forms (Attachment C). Prices and rates shall include all anticipated charges, including but not limited to, freight and delivery, cost of materials and product, transaction fees, overhead, profits, and other costs or expenses incidental to the Contractor’s performance. The prices, rates and costs proposed in the Offeror’s response must be valid for a minimum of 1 year after any resulting Master Agreement is signed. Offeror’s cost proposal must describe how future cost increases will be minimized and capped and how both increases and decreases will be passed on to the Lead State if the Master Agreement is renewed after the initial term. The Offeror must explain the proposed process to implement cost changes, and how the Lead State will be notified. Cost changes may not occur more than once per quarter and only with the prior approval of the lead state. Quote Summary Delivery Address End User - Shipping - Billing Bill To Account Name: CLEARWATER FIRE ANDRESCUE STATION 48 Name: CLEARWATER FIRE ANDRESCUE STATION 48 Name: CLEARWATER FIRE ANDRESCUE Account #: 1503595 Account #: 1503595 Account #: 1503592 Address: 1710 N BELCHER RD Address: 1710 N BELCHER RD Address: 1140 COURT ST CLEARWATER CLEARWATER CLEARWATER Florida 33765 Florida 33765 Florida 33756-5704 Equipment Products: # Product Description Qty Sell Price Total 1.0 99425-000023 LIFEPAK 1000 Graphical Display - includes one non-rechargeable battery, one carrying case w/ shoulderstrap, two pair QUIK-COMBO REDI-PAK electrodes andShip Kit 40 $2,180.00 $87,200.00 2.0 41425-000034 Ship Kit - Literature, LP1000, W RCHG, English 40 $0.00 $0.00 Equipment Total: $87,200.00 Trade In Credit: Product Description Qty Credit Ea. Total Credit TR-LP1K-LP1K TRADE-IN-STRYKER LIFEPAK 1000 TOWARDS PURCHASEOF LIFEPAK 1000 35 -$400.00 -$14,000.00 Price Totals: Grand Total: $73,200.00 Comments/Terms/Signatures Comments: NASPO17# OK-SW-300 CR2 quote Quote Number: 10367782 Remit to: Stryker Medical P.O. Box 93308 Version: 1 Chicago, IL 60673-3308 Prepared For: CLEARWATER FIRE AND RESCUE STATION 48 Rep: Amanda McBride Attn: Email: amanda.mcbride@stryker.com Phone Number: Quote Date: 06/08/2021 Expiration Date: 09/06/2021 1 Stryker Medical - Accounts Receivable - accountsreceivable@stryker.com - PO BOX 93308 - Chicago, IL 60673-3308 Prices: In effect for 60 days. Terms: Net 30 Days Contact your local Sales Representative for more information about our flexiblepayment options. ________________________________________ AUTHORIZED CUSTOMER SIGNATURE CR2 quote Quote Number: 10367782 Remit to: Stryker Medical P.O. Box 93308 Version: 1 Chicago, IL 60673-3308 Prepared For: CLEARWATER FIRE AND RESCUE STATION 48 Rep: Amanda McBride Attn: Email: amanda.mcbride@stryker.com Phone Number: Quote Date: 06/08/2021 Expiration Date: 09/06/2021 2 Stryker Medical - Accounts Receivable - accountsreceivable@stryker.com - PO BOX 93308 - Chicago, IL 60673-3308 Capital Terms and Conditions: Deal Consummation: This is a quote and not a commitment. This quote is subject to final credit, pricing, and documentation approval. Legal documentation must be signed before your equipment can be delivered. Documentation will be provided upon completion of our review process and your selection of a payment schedule. Confidentiality Notice: Recipient will not disclose to any third party the terms of this quote or any other information, including any pricing or discounts, offered to be provided by Stryker to Recipient in connection with this quote, without Stryker’s prior written approval, except as may be requested by law or by lawful order of any applicable government agency. A copy of Stryker Medical's Acute Care capital terms and conditions can be found at https:// techweb.stryker.com/Terms_Conditions/index.html. A copy of Stryker Medical's Emergency Care capital terms and conditions can be found at https://www.strykeremergencycare.com/terms. 3 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9396 Agenda Date: 7/15/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Public Utilities Agenda Number: 7.4 SUBJECT/RECOMMENDATION: Authorize a purchase order to EA Engineering, Science and Technology, Inc., PBC of Hunt Valley, MD for Bioassay Toxicity Testing and Consulting Services in an annual not-to-exceed amount of $34,800.00 plus a 15% contingency in the amount of $5,220.00 with the option for two, one-year renewals at the City’s discretion pursuant to Invitation to Bid 30-21, Bioassay Toxicity Testing and Consulting Services, and authorize the appropriate officials to execute same. (consent) SUMMARY: Invitation to Bid (ITB) #30-21, Bioassay Toxicity Testing and Consulting Services was issued on May 14, 2021. Two bids were received and considered responsive to the requirements set forth in the solicitation. EA Engineering, Science and Technology, Inc., PBC represents the lowest responsive, responsible bidder in accordance with the bid specifications for Bioassay Toxicity Testing and Consulting Services for the Public Utilities Department on an as-needed basis. The City of Clearwater owns and operates three Water Reclamation Facilities (WRF) and must comply with regulatory requirements as set forth in the operating permits issued through the Florida Department of Environmental Protection (FDEP). The bioassay toxicity testing and analysis will be used to help determine the effects of treated wastewater on living creatures . The consulting services will be used to assist the City in mitigating the effects of water discharged into local waterways to ensure that it will not cause ecological harm and that it is safe to use for irrigational purposes. The initial contract period will be July 16, 2021 through July 15, 2022, with the option for two, one-year renewal terms. APPROPRIATION CODE AND AMOUNT: Budgeted funds for FY21 are available in Public Utilities’ cost centers, cost code 530300 Other Contractual Services and 530100 Professional Services. Funding for future fiscal years (FY22 through FY24) will be requested within contract calendar and spending limits. Page 1 City of Clearwater Printed on 7/14/2021 CITY OF CLEARWATER ITB # 30-21, Bioassay Toxicity Testing and Consulting Services DUE DATE: June 16, 2021; 10:00 AM BID TABULATION Item No.Description Est. Quantity(UOM)Unit Price(UOM) Total Price Unit Price(UOM) Total Price 1 Chronic Routine WET test; 2 species; 3 composited samples per test 8 $1,600.00 $ 12,800.00 $2,425.00 $ 19,400.00 2 Chronic Additional or As-Needed WET test C. dubia (3 composited samples per test)10 $800.00 $ 8,000.00 $850.00 $ 8,500.00 3 Chronic Additional or As-Needed WET test P. promelas (3 composited samples per test)10 $800.00 $ 8,000.00 $700.00 $ 7,000.00 4 Acute Additional or As-Needed WET test C. dubia (1 grab sample per test)10 $300.00 $ 3,000.00 $75.00 $ 750.00 5 Acute Additional or As-Needed WET test P. promelas (1 grab sample per test)10 $300.00 $ 3,000.00 $75.00 $ 750.00 6 Consulting Services 40 $0.00 NO CHARGE $40.00 $ 1,600.00 Total Bid Items 1 – 6: $ 34,800.00 Total Bid Items 1 – 6: $ 38,000.00 EA Engineering, Science, and Technology, Inc., PBC 231 Schilling CircleHunt Valley, MD 21031 Marinco Bioassay Laboratory, Inc. 4569 Samuel St.Sarasota, FL 34233 Page 1 of 1 June 23, 2021 NOTICE OF INTENT TO AWARD The Public Utilities Department and the Procurement Division recommend award of ITB No. 30- 21, Bioassay Toxicity Testing and Consulting Services, to EA Engineering, Science, and Technology, Inc., PBC, the lowest most responsible bidder, in accordance with the bid specifications, in the estimated amount of $35,000 annually, for a period of one (1) year, with two (2), one (1) year renewal options. This Award recommendation is tentatively scheduled be considered by the City Council at the July 12, 2021 Work Session (9:00 a.m.) and voted on at the July 15, 2021 Council Meeting (6:00 p.m.). These meetings are held at Clearwater Main Library, at 100 N. Osceola Ave., Clearwater, FL 33755. Inquiries regarding this Intent to Award can be directed to Eryn Berg at Eryn.Berg@myclearwater.com, or mailed to City of Clearwater, Attn: Procurement Division, PO Box 4748, Clearwater, FL 33758-4748. Posted on this date by: Eryn Berg Eryn Berg Procurement Analyst 1) EA Engineering, Science, and Technology, Inc., PBC 2) Marinco Bioassay Laboratory, Inc. 231 Schilling Circle 4569 Samuel St Hunt Valley, MD 21031 Sarasota, FL 34233410.329.5120 941.925.3594 ADVERTISED: TAMPA BAY TIMES 5/19/2021 POSTED:myclearwater.com 05/14/2021 - 06/14/2021 FOR THE CITY OF CLEARWATER Due/Opening: June 16, 2021; 10:00 a.m. INVITATION TO BID No. 30-21 Bioassay Toxicity Testing and Consulting Services Solicitation Response Listing v. 11.2018 Procurement Division 100 S Myrtle Ave 33756-5520 PO Box 4748 33758-4748 Clearwater FL 727-562-4633 INVITATION TO BID #30-21 Bioassay Toxicity Testing and Consulting Services May 14, 2021 NOTICE IS HEREBY GIVEN that sealed bids will be received by the City of Clearwater (City) until 10:00 A.M., Local Time, June 16, 2021 to provide Bioassay Toxicity Testing and Consulting Services. Brief Description: The City of Clearwater is soliciting sealed bids to establish a term contract with a qualified Vendor to perform bioassay toxicity testing and consulting services. Bids must be in accordance with the provisions, specifications and instructions set forth herein and will be received by the Procurement Division until the above noted time, when they will be publicly acknowledged and accepted. Bid packets, any attachments and addenda are available for download at: https://www.myclearwater.com/business/rfp Please read the entire solicitation package and submit the bid in accordance with the instructions. This document (less this invitation and the instructions) and any required response documents, attachments, and submissions will constitute the bid. General, Process or Technical Questions concerning this solicitation should be directed, IN WRITING, to the following Procurement Analyst: Eryn Berg Procurement Analyst Eryn.Berg@myclearwater.com This Invitation to Bid is issued by: Lori Vogel, CPPB Procurement Manager lori.vogel@myclearwater.com INSTRUCTIONS BIOASSAY TESTING AND CONSULTING 2 ITB #30-21 i.1 VENDOR QUESTIONS: All questions regarding the contents of this solicitation, and solicitation process (including requests for ADA accommodations), must 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 Procurement Website for addenda and clarifications prior to submitting their bid. The City cannot be held responsible if a Vendor fails to receive any addenda issued. The City must not be responsible for any oral changes to these specifications made by any employees or officer of the City. Failure to acknowledge receipt of an addendum may result in disqualification of a bid. i.3 VENDOR CONFERENCE / SITE VISIT: Yes No Mandatory Attendance: Yes No Date: May 26, 2021 Time: 01:00 P.M. (Local Time) Link: https://us02web.zoom.us/j/84111962985?pwd=VjI3d0dpd2lEamhiYUxsdUlpT29Bdz09 Meeting ID: 841 1196 2985 Passcode: 035142 Note: This pre-bid meeting will be held virtually via Zoom, link to meeting is provided above. If so designated above, attendance is mandatory as a condition of submitting a bid. The conference/site visit provides interested parties an opportunity to discuss the City's needs, inspect the site and ask questions. During any site visit you must fully acquaint yourself with the conditions as they exist and the character of the operations to be conducted under the resulting contract. i.4 DUE DATE & TIME FOR SUBMISSION AND OPENING: Date: June 16, 2021 Time: 10:00 A.M. (Local Time) The City will open all bids properly and timely submitted and will record the names and other information specified by law and rule. All bids become the property of the City and will not be returned except in the case of a late submission. Respondent names, as read at the bid opening, will be posted on the City website. Once a notice of intent to award is posted or 30 days from day of opening elapses, whichever occurs earlier, bids are available for inspection by contacting the Procurement Division. i.5 BID FIRM TIME: 90 days from Opening Bid must remain firm and unaltered after opening for the number of days shown above. The City may accept the bid, subject to successful contract negotiations, at any time during this time. i.6 BID SECURITY: Yes $ 0.00 No If so designated above, a bid security in the amount specified must be submitted with the bid. The security may be submitted in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, or cashier's check payable to the City of Clearwater (personal or company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to the City. Such bid security must be forfeited to the City of Clearwater should the bidder selected fail to execute a contract when requested. INSTRUCTIONS BIOASSAY TESTING AND CONSULTING 3 ITB #30-21 PERFORMANCE SECURITY: Yes $ 0.00 No If required herein, the Vendor, 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 Vendor fails or refuses to fully comply with the terms and conditions of the contract, the City must have the right to use all or such part of said security as may be necessary to reimburse the City for loss sustained by reason of such breach. The balance of said security, if any, will be returned to Vendor upon the expiration or termination of the contract. i.7 BID SUBMITTAL TO: It is recommended that bids be submitted electronically through our bids website at https://www.myclearwater.com/business/rfp. Bidders may mail or hand-deliver bids to the address below. E-mail or fax submissions will not be accepted. Use label at the end of this solicitation package. City of Clearwater Attn: Procurement Division 100 S Myrtle Ave, 3rd Fl, Clearwater FL 33756-5520 or PO Box 4748, Clearwater FL 33758-4748 No responsibility will attach to the City of Clearwater, its employees or agents for premature opening of a bid that is not properly addressed and identified. i.8 LATE BIDS. The bidder assumes responsibility for having the bid delivered on time at the place specified. All bids received after the date and time specified must not be considered and will be returned unopened to the bidder. The bidder assumes the risk of any delay in the mail or in handling of the mail by employees of the City of Clearwater, or any private courier, regardless whether sent by mail or by means of personal delivery. You must allow adequate time to accommodate all registration and security screenings at the delivery site. A valid photo I.D. may be required. It must not be sufficient to show that you mailed or commenced delivery before the due date and time. All times are Clearwater, Florida local times. The bidder agrees to accept the time stamp in the City Procurement Office as the official time. i.9 COMMENCEMENT OF WORK. If bidder begins any billable work prior to the City’s final approval and execution of the contract, bidder does so at its own risk. i.10 RESPONSIBILITY TO READ AND UNDERSTAND. Failure to read, examine and understand the solicitation will not excuse any failure to comply with the requirements of the solicitation or any resulting contract, nor must such failure be a basis for claiming additional compensation. If a Vendor suspects an error, omission or discrepancy in this solicitation, the Vendor must immediately and in any case not later than seven (7) business days in advance of the due date notify the contact on page one (1). The City is not responsible for and will not pay any costs associated with the preparation and submission of the bid. Bidders are cautioned to verify their bids before submission, as amendments to or withdrawal of bids submitted after time specified for opening of bids may not be considered. The City will not be responsible for any bidder errors or omissions. i.11 FORM AND CONTENT OF BIDS. Unless otherwise instructed or allowed, bids must be submitted on the forms provided. An original and the designated number of copies of each bid are required. Bids, including modifications, must be submitted in ink, typed, or printed form and signed by an authorized representative. Please line through and initial rather than erase changes. If the bid is not properly signed or if any changes are not initialed, it may be considered non-responsive. In the event of a disparity between the unit price and the extended price, the unit price must prevail unless INSTRUCTIONS BIOASSAY TESTING AND CONSULTING 4 ITB #30-21 obviously in error, as determined by the City. The City may require that an electronic copy of the bid be submitted. The bid must provide all information requested and must address all points. The City does not encourage exceptions. The City is not required to grant exceptions and depending on the exception, the City may reject the bid. i.12 SPECIFICATIONS. Technical specifications define the minimum acceptable standard. When the specification calls for “Brand Name or Equal,” the brand name product is acceptable. Alternates will be considered upon demonstrating the other product meets stated specifications and is equivalent to the brand product in terms of quality, performance and desired characteristics. Minor differences that do not affect the suitability of the supply or service for the City’s needs may be accepted. Burden of proof that the product meets the minimum standards or is equal to the brand name, product, is on the bidder. The City reserves the right to reject bids that the City deems unacceptable. i.13 MODIFICATION / WITHDRAWAL OF BID. Written requests to modify or withdraw the bid received by the City prior to the scheduled opening time will be accepted and will be corrected after opening. No oral requests will be allowed. Requests must be addressed and labeled in the same manner as the bid and marked as a MODIFICATION or WITHDRAWAL of the bid. Requests for withdrawal after the bid opening will only be granted upon proof of undue hardship and may result in the forfeiture of any bid security. Any withdrawal after the bid opening must be allowed solely at the City’s discretion. i.14 DEBARMENT DISCLOSURE. If the Vendor submitting this bid has been debarred, suspended, or otherwise lawfully precluded from participating in any public procurement activity, including being disapproved as a subcontractor with any federal, state, or local government, or if any such preclusion from participation from any public procurement activity is currently pending, the bidder must include a letter with its bid identifying the name and address of the governmental unit, the effective date of this suspension or debarment, the duration of the suspension or debarment, and the relevant circumstances relating the suspension or debarment. i.15 RESERVATIONS. The City reserves the right to reject any or all bids or any part thereof; to rebid the solicitation; to reject non-responsive or non-responsible bids; to reject unbalanced bids; to reject bids where the terms, prices, and/or awards are conditioned upon another event; to reject individual bids for failure to meet any requirement; to award by item, part or portion of an item, group of items, or total; to make multiple awards; to waive minor irregularities, defects, omissions, technicalities or form errors in any bid. The City may seek clarification of the bid from bidder at any time, and failure to respond is cause for rejection. Submission of a bid confers on bidder no right to an award or to a subsequent contract. The City is charged by its Charter to make an award that is in the best interest of the City. All decisions on compliance, evaluation, terms and conditions must be made solely at the City’s discretion and made to favor the City. No binding contract will exist between the bidder and the City until the City executes a written contract or purchase order. i.16 OFFICIAL SOLICITATION DOCUMENT. Changes to the solicitation document made by a bidder may not be acknowledged or accepted by the City. Award or execution of a contract does not constitute acceptance of a changed term, condition or specification unless specifically acknowledged and agreed to by the City. The copy maintained and published by the City must be the official solicitation document. i.17 COPYING OF BIDS. Bidder hereby grants the City permission to copy all parts of its bid, including without limitation any documents and/or materials copyrighted by the bidder. The City’s right to copy must be for internal use in evaluating the proposal. i.18 VENDOR ETHICS. It is the policy of the City to promote courtesy, fairness, impartiality, integrity, service, professionalism, economy, and government by law in the Procurement process. The responsibility for implementing this policy rests with each individual who participates in the Procurement process, including Respondents and Vendors. INSTRUCTIONS BIOASSAY TESTING AND CONSULTING 5 ITB #30-21 To achieve the purpose of this Article, it is essential that Respondents and Vendors doing business with the City also observe the ethical standards prescribed herein. It must be a breach of ethical standards to: a. Exert any effort to influence any City employee or agent to breach the standards of ethical conduct. b. Intentionally invoice any amount greater than provided in Contract or to invoice for Materials or Services not provided. c. Intentionally offer or provide sub-standard Materials or Services or to intentionally not comply with any term, condition, specification or other requirement of a City Contract. i.19 GIFTS. The City will accept no gifts, gratuities or advertising products from bidders or prospective bidders and affiliates. The City may request product samples from Vendors for product evaluation. i.20 PROTESTS AND APPEALS. If a Respondent believes there is a mistake, impropriety, or defect in the solicitation, believes the City improperly rejected its proposal, and/or believes the selected proposal is not in the City’s best interests, the Respondent may submit a written protest. All protests and appeals are governed by the City of Clearwater Procurement Policy and Procedures. If any discrepancy exists between this Section and the Procurement Policy, the language of the Procurement Policy controls. Protests based upon alleged mistake, impropriety, or defect in a solicitation that is apparent before the bid opening must be filed with the Procurement Officer no later than five (5) business days before Bid Opening. Protests that only become apparent after the Bid Opening must be filed within ten (10) business days of the alleged violation of the applicable procurement ordinance. The complete protest procedure can be obtained by contacting the Procurement Division. ADDRESS PROTESTS TO: City of Clearwater – Procurement Division 100 S Myrtle Ave, 3rd Fl Clearwater FL 33756-5520 or PO Box 4748 Clearwater FL 33758-4748 INSTRUCTIONS – EVALUATION BIOASSAY TESTING AND CONSULTING 6 ITB #30-21 i.21 EVALUATION PROCESS. Bids will be reviewed by the Procurement Division and representative(s) of the respective department(s). The City staff may or may not initiate discussions with bidders for clarification purposes. Clarification is not an opportunity to change the bid. Bidders must not initiate discussions with any City employee or official. i.22 PRESENTATIONS/INTERVIEWS. The bidder must provide a formal presentation/interview upon request. i.23 CRITERIA FOR EVALUATION AND AWARD. The City evaluates three (3) categories of information: responsiveness, responsibility, and price. All bids must meet the following responsiveness and responsibility criteria to be considered further. a) Responsiveness. The City will determine whether the bid complies with the instructions for submitting bids including completeness of bid which encompasses the inclusion of all required attachments and submissions. The City must reject any bids that are submitted late. Failure to meet other requirements may result in rejection. b) Responsibility. The City will determine whether the bidder is one with whom it can or should do business. Factors that the City may evaluate to determine "responsibility" include, but are not limited to: excessively high or low priced bids, past performance, references (including those found outside the bid), compliance with applicable laws-including tax laws, bidder's record of performance and integrity - e.g. has the bidder been delinquent or unfaithful to any contract with the City, whether the bidder is qualified legally to contract with the City, financial stability and the perceived ability to perform completely as specified. A bidder must at all times have financial resources sufficient, in the opinion of the City, to ensure performance of the contract and must provide proof upon request. City staff may also use Dun & Bradstreet and/or any generally available industry information. The City reserves the right to inspect and review bidder’s facilities, equipment and personnel and those of any identified subcontractors. The City will determine whether any failure to supply information, or the quality of the information, will result in rejection. c) Price. We will then evaluate the bids that have met the requirements above. i.24 COST JUSTIFICATION. In the event only one response is received, the City may require that the bidder submit a cost proposal in sufficient detail for the City to perform a cost/price analysis to determine if the bid price is fair and reasonable. i.25 CONTRACT NEGOTIATIONS AND ACCEPTANCE. Bidder must be prepared for the City to accept the bid as submitted. If bidder fails to sign all documents necessary to successfully execute the final contract within a reasonable time as specified, or negotiations do not result in an acceptable agreement, the City may reject bid or revoke the award, and may begin negotiations with another bidder. Final contract terms must be approved or signed by the appropriately authorized City official(s). No binding contract will exist between the bidder and the City until the City executes a written contract or purchase order. i.26 NOTICE OF INTENT TO AWARD. Notices of the City’s intent to award a Contract are posted to Procurement’s website. It is the bidder’s responsibility to check the City of Clearwater’s website at https://www.myclearwater.com/business/rfp to view relevant bid information and notices. i.27 BID TIMELINE. Dates are tentative and subject to change. Release ITB: 05/14/2021 Advertise Tampa Bay Times: 05/19/2021 Bids due: 06/16/2021 Review bids: 06/17/2021 – 06/22/2021 Award recommendation: 06/22/2021 Council authorization: 07/15/2021 Contract begins: July 2021 STANDARD TERMS AND CONDITIONS BIOASSAY TESTING AND CONSULTING 7 ITB #30-21 S.1 DEFINITIONS. Uses of the following terms are interchangeable as referenced: “Vendor, Vendor, supplier, proposer, company, parties, persons”, “purchase order, PO, contract, agreement”, “city, Clearwater, agency, requestor, parties”, “bid, proposal, response, quote”. S.2 INDEPENDENT VENDOR. It is expressly understood that the relationship of Vendor to the City will be that of an independent Vendor. Vendor and all persons employed by Vendor, either directly or indirectly, are Vendor’s employees, not City employees. Accordingly, Vendor and Vendor’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. Vendor employees will not be regarded as City employees or agents for any purpose, including the payment of unemployment or workers’ compensation. If any Vendor employees or subcontractors assert a claim for wages or other employment benefits against the City, Vendor will defend, indemnify and hold harmless the City from all such claims. S.3 SUBCONTRACTING. Vendor may not subcontract work under this Agreement without the express written permission of the City. If Vendor 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 Vendor 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 Vendor 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 Vendor. 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. Vendor must procure all permits and licenses and pay all charges and fees necessary and incidental to the lawful conduct of business. Vendor 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. Vendor bears full responsibility for training, safety, and providing necessary equipment for all Vendor personnel to achieve throughout the term of the Agreement. Upon request, Vendor will demonstrate to the City's satisfaction any programs, procedures, and other activities used to ensure compliance. b. Drug-Free Workplace. Vendor 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. Vendor will require a drug-free workplace for all Vendor personnel working under this Agreement. Specifically, all Vendor personnel who are working under this Agreement must be notified in writing by Vendor that they are prohibited from the manufacture, distribution, dispensation, possession, or STANDARD TERMS AND CONDITIONS BIOASSAY TESTING AND CONSULTING 8 ITB #30-21 unlawful use of a controlled substance in the workplace. Vendor agrees to prohibit the use of intoxicating substances by all Vendor personnel and will ensure that Vendor personnel do not use or possess illegal drugs while in the course of performing their duties. c. Federal and State Immigration Laws. Vendor 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. Vendor will ensure and keep appropriate records to demonstrate that all Vendor personnel have a legal right to live and work in the United States. (i) As applicable to Vendor, under this provision, Vendor hereby warrants to the City that Vendor 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 “Vendor Immigration Warranty”). (ii) A breach of the Vendor Immigration Warranty will constitute as a material breach of this Agreement and will subject Vendor 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 Vendor personnel who provide services under this Agreement to ensure that Vendor or its subcontractors are complying with the Vendor Immigration Warranty. Vendor 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 Vendor and any subcontractor to ensure compliance with the Vendor Immigration Warranty. Vendor agrees to assist the City in regard to any random verification performed. (v) Neither Vendor nor any subcontractor will be deemed to have materially breached the Vendor Immigration Warranty if Vendor 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. Vendor 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. Vendor and Vendor’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. Vendor is responsible for the payment of all taxes including federal, state, and local taxes related to or arising out of Vendor’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 Vendor or Vendor employees an employee of the City, or should otherwise claim the City is liable for the payment of taxes that are Vendor’s responsibility under this Agreement, Vendor will indemnify the City for any tax liability, interest, and penalties imposed upon the City. The City is exempt from paying state and local sales/use taxes and certain federal excise taxes and will furnish an exemption certificate upon request. S.12 AMOUNTS DUE THE CITY. Vendor must be current and remain current in all obligations due to the City during the performance of services under the Agreement. Payments to Vendor may be offset by any delinquent amounts due the City or fees and charges owed to the City. S.13 OPENNESS OF PROCUREMENT PROCESS. Written competitive proposals, replies, oral presentations, meetings where Vendors answer questions, other submissions, correspondence, and all records made thereof, as well as negotiations or meetings where negotiation strategies are STANDARD TERMS AND CONDITIONS BIOASSAY TESTING AND CONSULTING 9 ITB #30-21 discussed, conducted pursuant to this Invitation to Bid (ITB), must be handled in compliance with Chapters 119 and 286, Florida Statutes. Proposals or replies received by the City pursuant to this ITB are exempt from public disclosure until such time that the City provides notice of an intended decision or until 30 days after opening the proposals, whichever is earlier. If the City rejects all proposals or replies pursuant to this ITB and provides notice of its intent to reissue the ITB, then the rejected proposals or replies remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued ITB or until the City withdraws the reissued ITB. A proposal or reply must 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, must be closed to the public (and other proposers) in compliance with Chapter 286 Florida Statutes. A complete recording must be made of such closed meeting. The recording of, and any records presented at, the exempt meeting must be available to the public when the City provides notice of an intended decision or until 30 days after opening proposals or final replies, whichever occurs first. If the City rejects all proposals or replies pursuant to this ITB and provides notice of its intent to reissue the ITB, then the recording and any records presented at the exempt meeting remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued ITB or until the City withdraws the reissued ITB. A recording and any records presented at an exempt meeting must 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 Vendor executing this agreement agrees to comply with public records law. IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE VENDOR’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 Vendor’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 Vendor 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 Vendor 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 Vendor or keep and maintain public records required by the public agency to perform the service. If the Vendor transfers all public records to the public agency upon completion of the contract, the Vendor must destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Vendor keeps and maintains public records upon completion of the contract, the Vendor must 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 STANDARD TERMS AND CONDITIONS BIOASSAY TESTING AND CONSULTING 10 ITB #30-21 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 must immediately notify the Vendor of the request and the Vendor must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time. f) The Vendor hereby acknowledges and agrees that if the Vendor does not comply with the public agency’s request for records, the public agency must enforce the contract provisions in accordance with the contract. g) A Vendor 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 Vendor to compel production of public records relating to a public agency’s contract for services, the court must assess and award against the Vendor the reasonable costs of enforcement, including reasonable attorney fees, if: 1. The court determines that the Vendor 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 Vendor has not complied with the request, to the public agency and to the Vendor. i) A notice complies with subparagraph (h)2. if it is sent to the public agency’s custodian of public records and to the Vendor at the Vendor’s address listed on its contract with the public agency or to the Vendor’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 Vendor 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. Vendor 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 Vendor in relation to the Agreement. Vendor will permit such inspections and audits during normal business hours and upon reasonable notice by the City. The audit of records may occur at Vendor’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 Vendor personnel who would perform services under the Agreement or who will have access to the City’s information, data, or facilities in accordance with the City’s current background check policies. Any officer, employee, or agent that fails the background check must be replaced immediately for any reasonable cause not prohibited by law. STANDARD TERMS AND CONDITIONS BIOASSAY TESTING AND CONSULTING 11 ITB #30-21 S.16 SECURITY CLEARANCE AND REMOVAL OF VENDOR PERSONNEL. The City will have final authority, based on security reasons: (i) to determine when security clearance of Vendor personnel is required; (ii) to determine the nature of the security clearance, up to and including fingerprinting Vendor personnel; and (iii) to determine whether or not any individual or entity may provide services under this Agreement. If the City objects to any Vendor personnel for any reasonable cause not prohibited by law, then Vendor 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 Vendor’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. Vendor will be in default of this Agreement if Vendor is debarred from participating in City procurements and solicitations in accordance with the City’s Procurement Policy and Procedures Manual. c. Notice and Opportunity to Cure. In the event a party is in default then the other party may, at its option and at any time, provide written notice to the defaulting party of the default. The defaulting party will have thirty (30) days from receipt of the notice to cure the default; the thirty (30) day cure period may be extended by mutual agreement of the parties, but no cure period may exceed ninety (90) days. A default notice will be deemed to be sufficient if it is reasonably calculated to provide notice of the nature and extent of such default. Failure of the non- defaulting party to provide notice of the default does not waive any rights under the Agreement. d. Anticipatory Repudiation. Whenever the City in good faith has reason to question Vendor’s intent or ability to perform, the City may demand that Vendor 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 Vendor. 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 Vendor; (iii) collection against the proposal and/or performance security, if any; (iv) collection against liquidated damages (if applicable); or (v) a combination of the aforementioned remedies or other remedies as provided by law. Costs includes any and all, fees, and expenses incurred in obtaining substitute services and expended in obtaining reimbursement, including, but not limited to, administrative expenses, attorneys’ fees, and costs. c. The non-defaulting party will have all other rights granted under this Agreement and all rights at law or in equity that may be available to it. d. Neither party will be liable for incidental, special, or consequential damages. S.19 CONTINUATION DURING DISPUTES. Vendor agrees that during any dispute between the parties, Vendor will continue to perform its obligations until the dispute is settled, instructed to cease performance by the City, enjoined or prohibited by judicial action, or otherwise required or obligated to cease performance by other provisions in this Agreement. STANDARD TERMS AND CONDITIONS BIOASSAY TESTING AND CONSULTING 12 ITB #30-21 S.20 TERMINATION FOR CONVENIENCE. The City reserves the right to terminate this Agreement in part or in whole upon thirty (30) calendar days’ written notice. S.21 TERMINATION FOR CONFLICT OF INTEREST Florida Statutes Section 112. Pursuant to F.S. Section 112, the City may cancel this Agreement after its execution, without penalty or further obligation, if any person significantly involved in initiating, securing, drafting, or creating the Agreement for the City becomes an employee or agent of Vendor. 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 VENDOR UPON TERMINATION. Upon termination of this Agreement, Vendor 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 Vendor’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, Vendor 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 Vendor personnel under this Agreement; (ii) any negligent acts, errors, mistakes or omissions by Vendor or Vendor personnel; and (iii) Vendor or Vendor personnel’s failure to comply with or fulfill the obligations established by this Agreement. b. Vendor 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 Vendor and will not indemnify or hold Vendor or any third party harmless for claims based on this Agreement or use of Vendor-provided supplies or services. S.26 WARRANTY. Vendor warrants that the services and materials will conform to the requirements of the Agreement. Additionally, Vendor 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 Vendor will not relieve Vendor from its obligations under this warranty. If any materials or services are of a substandard or unsatisfactory manner as determined by the City, Vendor, 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, Vendor warrants that materials will be new, unused, of most current manufacture and not discontinued, will be free of defects in materials and workmanship, will be provided in accordance with manufacturer's standard warranty for at least one (1) year unless otherwise specified, and will perform in accordance with manufacturer's published specifications. STANDARD TERMS AND CONDITIONS BIOASSAY TESTING AND CONSULTING 13 ITB #30-21 S.27 THE CITY’S RIGHT TO RECOVER AGAINST THIRD PARTIES. Vendor 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. Vendor 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 Vendor 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 Vendor or any other person except with prior written permission by the City. S.30 USE OF NAME. Vendor 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 must 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. Vendor 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 Vendor from any obligation hereunder. S.34 SAFEGUARDING CITY PROPERTY. Vendor 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 Vendor or its employees. S.35 WARRANTY OF RIGHTS. Vendor 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 Vendor or third parties. S.36 PROPRIETARY RIGHTS INDEMNIFICATION. Without limiting the foregoing, Vendor will without limitation, at its expense defend the City against all claims asserted by any person that anything provided by Vendor 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 Vendor hereunder or any part thereof by reason of any alleged infringement, Vendor will, at its expense and without limitation, either: (a) modify the item so that it becomes non-infringing; (b) procure for the City the right to continue to use the item; (c) substitute for the infringing item other item(s) having at least equivalent capability; or (d) refund to the City an amount equal to the price paid, less reasonable usage, from the time of installation acceptance through cessation of use, which amount will be calculated on a useful life not less than five (5) years, plus any additional costs the City may incur to acquire substitute supplies or services. S.37 CONTRACT ADMINISTRATION. The contract will be administered by the Procurement Administrator and/or an authorized representative from the using department. All questions regarding the contract will be referred to the administrator for resolution. Supplements may be STANDARD TERMS AND CONDITIONS BIOASSAY TESTING AND CONSULTING 14 ITB #30-21 written to the contract for the addition or deletion of services. Payment will be negotiated and determined by the contract administrator(s). S.38 FORCE MAJEURE. Failure by either party to perform its duties and obligations will be excused by unforeseeable circumstances beyond its reasonable control, including acts of nature, acts of the public enemy, riots, fire, explosion, legislation, and governmental regulation. The party whose performance is so affected will within five (5) calendar days of the unforeseeable circumstance notify the other party of all pertinent facts and identify the force majeure event. The party whose performance is so affected must also take all reasonable steps, promptly and diligently, to prevent such causes if it is feasible to do so, or to minimize or eliminate the effect thereof. The delivery or performance date will be extended for a period equal to the time lost by reason of delay, plus such additional time as may be reasonably necessary to overcome the effect of the delay, provided however, under no circumstances will delays caused by a force majeure extend beyond one hundred-twenty (120) calendar days from the scheduled delivery or completion date of a task unless agreed upon by the parties. S.39 COOPERATIVE USE OF CONTRACT. The City has entered into various cooperative purchasing agreements with other Florida government agencies, including the Tampa Bay Area Purchasing Cooperative. Under a Cooperative Purchasing Agreement, any contract may be extended for use by other municipalities, school districts and government agencies in the State of Florida with the approval of Vendor. 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 Vendor and response by the City’s Procurement Division. S.41 NOTICES. All notices to be given pursuant to this Agreement must be delivered to the parties at their respective addresses. Notices may be (i) personally delivered; (ii) sent via certified or registered mail, postage prepaid; (iii) sent via overnight courier; or (iv) sent via facsimile. If provided by personal delivery, receipt will be deemed effective upon delivery. If sent via certified or registered mail, receipt will be deemed effective three (3) calendar days after being deposited in the United States mail. If sent via overnight courier or facsimile, receipt will be deemed effective two (2) calendar days after the sending thereof. S.42 GOVERNING LAW, VENUE. This Agreement is governed by the laws of the State of Florida. The exclusive venue selected for any proceeding or suit in law or equity arising from or incident to this Agreement will be Pinellas County, Florida. S.43 INTEGRATION CLAUSE. This Agreement, including all attachments and exhibits hereto, supersede all prior oral or written agreements, if any, between the parties and constitutes the entire agreement between the parties with respect to the work to be performed. S.44 PROVISIONS REQUIRED BY LAW. Any provision required by law to be in this Agreement is a part of this Agreement as if fully stated in it. STANDARD TERMS AND CONDITIONS BIOASSAY TESTING AND CONSULTING 15 ITB #30-21 S.45 SEVERABILITY. If any provision of this Agreement is declared void or unenforceable, such provision will be severed from this Agreement, which will otherwise remain in full force and effect. The parties will negotiate diligently in good faith for such amendment(s) of this Agreement as may be necessary to achieve the original intent of this Agreement, notwithstanding such invalidity or unenforceability. S.46 SURVIVING PROVISIONS. Notwithstanding any completion, termination, or other expiration of this Agreement, all provisions which, by the terms of reasonable interpretation thereof, set forth rights and obligations that extend beyond completion, termination, or other expiration of this Agreement, will survive and remain in full force and effect. Except as specifically provided in this Agreement, completion, termination, or other expiration of this Agreement will not release any party from any liability or obligation arising prior to the date of termination. DETAILED SPECIFICATIONS BIOASSAY TESTING AND CONSULTING 16 ITB #30-21 1. INTRODUCTION. The City of Clearwater (City) is located on the West Coast of Florida in the Tampa Bay region. It is the third largest city in the region with an estimated population of nearly 118,017 residents. The City of Clearwater is also a major tourist destination – Clearwater Beach was rated #1 U.S. Beach by TripAdvisor’s Traveler’s Choice Awards in 2018 and 2019 and is consistently ranked as one of the top beaches in the world. The City of Clearwater is home to the Philadelphia Phillies Spring Training and Clearwater Threshers Minor League Baseball, as well as hosting several sports tournaments through the year that attract visitors from across the country. Clearwater is home to Winter the Dolphin and the Clearwater Marine Aquarium. Winter’s story made it all the way to Hollywood in the motion pictures “Dolphin Tale” and “Dolphin Tale 2”, both filmed here in Clearwater. 2. INTENT. The City of Clearwater’s Public Utilities Department is soliciting sealed bids from qualified vendors to establish a term contract whereby comprehensive bioassay toxicity testing and consulting services are performed for treated wastewater (reclaimed water) discharged to surface waters. The bioassay toxicity testing and analysis will be used to help determine the effects of treated wastewater on living creatures. The consulting services will be used to assist the City in mitigating the effects of water discharged into local waterways to ensure that it will not cause ecological harm and that it is safe to use for irrigational purposes. 3. SCOPE OF WORK. In addition to this solicitation document, “Exhibit B – Applicable Terminology and Publications” has been provided to aid in your bid submittal. 3.1 CITY RESPONSIBILITY. a. City will collect all samples at designated locations unless specifically noted in “Exhibit A-Bid Pricing”. b. City will provide a digital copy of the current permit(s) and/or regulatory limits. c. City will provide special instructions, determine as-needed testing, and provide a schedule of sample collection dates. 3.2 VENDOR RESPONSIBILITIES. 3.2.1 GENERAL REQUIREMENTS a. Vendor must provide all labor, tools, equipment, vehicles, supplies, incidentals, materials, and supervision necessary to perform bioassay toxicity testing and consulting services in accordance with the specifications outlined herein. b. Vendor must perform analytical work including, but not limited to, the analytes noted in “Exhibit A- Bid Pricing”. c. Vendor must perform all services in an accurate, reliable, and timely manner, using approved methodology as outlined in 40 Code of Federal Regulation (CFR) 136.3, Table I A by the Environmental Protection Agency (EPA). In the event that the Vendor changes analytical methods, the City must be notified prior to method change. d. Vendor must conform to all Federal, State, and local regulations during the performance of the Contract.  Any fines levied due to inadequacies or failure of the awarded Vendor to comply with all requirements will be the sole responsibility of the Vendor.  Any person(s) found not to be in conformance with any laws, statutes, rules, or regulations will not be allowed on the job site.  Continued violations by the Vendor may constitute cause for immediate termination of the contract. e. During the term of the contract, the Vendor must have a representative available who is qualified to explain testing procedures, results, and written documentation of such to City staff in case of questions or discrepancies. The representative must be available within a twenty- four (24) hour notification. f. The Vendor, upon written approval by the PM or designee, may use technical consultants as necessary, and subcontract work under the resulting Contract, not to exceed fifty percent (50%). DETAILED SPECIFICATIONS BIOASSAY TESTING AND CONSULTING 17 ITB #30-21 g. Within thirty (30) days of the award of the contract, the Vendor must facilitate a virtual kickoff meeting between City staff and the Vendor’s representatives. 3.2.2 NOTIFICATIONS a. The City will provide awarded Vendor with names and contact information for primary contact and secondary contacts. Secondary contacts will vary due to sampling location and sample type. b. Notification must be made by telephone call(s) and email notification(s). Voice mail messages are not considered appropriate notification. c. The Vendor must provide and maintain a means by which the PM or designee can contact the Vendor representative twenty-four (24) hours a day, seven (7) days a week. 3.2.3 SAMPLING a. Vendor must provide all method-approved, properly labeled, sample bottles of sufficient size and volume to conduct the testing. The Vendor must furnish all sample-collection containers and ice chests at least one (1) week, but no later than 48 hours, in advance of the scheduled sample-collection dates and of sufficient size to ensure the samples are maintained at <6° Celsius during transit to the Vendor's laboratory. All samples, must be preserved, maintained, and labeled in accordance with EPA approved guidelines. b. Upon receiving the samples, the Vendor must indicate receipt of the samples on the City's Chain-of-Custody form that accompanies the samples, and upon completion of required tests. Vendor must also include a copy of the form in the final report package. c. If the Vendor performs field sampling, they must have and maintain a Florida Department of Environmental Protection approved Field Sampling Quality Manual. In lieu of having an approved manual, the laboratory may use the most recent version of Florida Department of Environmental Protection’s Field Sampling Manual. 3.2.4 TESTING a. Upon award of the contract, the Vendor must provide all physical locations that analysis is performed. This stipulation applies to both analyses performed by the Vendor and by their subcontractors. b. The awarded Vendor's work must be subject to inspection, at any time, by the Project Manager (PM) or designee for compliance with applicable regulations, permit requirements, and requirements contained herein. c. In the event testing results fail, are incomplete, lost, spilled, or not analyzed within proper holding time, or not in accordance with these specifications, Federal, or State guidelines, due to the actions of the Vendor, the Vendor must immediately notify the City’s designated contact(s) within one (1) business day and re-testing will be performed at no additional cost to the City. The City will not be charged for analyses performed beyond regulatory standard holding times. Additionally, the Vendor must provide written documentation within 48 hours as to why the hold time was exceeded. 3.2.5 REPORTING a. The Vendor must report the results of each test within one (1) week of test completion. b. The Vendor must submit the original analytical report and Standard Reference Toxicant Quality Assurance (SRT-QA) for the test, by email, to the PM or designee within five (5) working days of the completion of each test. The Vendor agrees that all work will be processed regularly, diligently, and uninterrupted at such a rate of progress to ensure full completion thereof within the time specified. c. The Vendor must provide to the PM or designee, a copy of the annual DMR-QA study results conducted for the Vendor's laboratory as they are received. d. After the test/analysis has been completed, the Vendor must provide the following information, in accordance with NELAP requirements, to the City’s primary and appropriate secondary contact: DETAILED SPECIFICATIONS BIOASSAY TESTING AND CONSULTING 18 ITB #30-21 i. Time sample prepared ii. Parameter iii. Project name iv. Lab manager signature v. Sample dilution vi. Time received vii. Analyst who performed the test viii. Analytical results concentration units ix. Results of Analysis x. Definitions for abbreviations used xi. Date and Time sampled xii. Date and Time analyzed xiii. Method used for each analysis xiv. Method Detection Limits (MDL) xv. Location or Sample ID number (#), Sample Location and Name xvi. NELAP Certification # xvii. Sample matrix xviii. Practical Quantification Limits (PQL) xix. Qualifiers/ Footnotes and any specific problems encountered during analysis (i.e. insufficient sample, etc.) e. These results must be transmitted via electronic report as approved by the City. The Vendor must have the ability to send the results electronically in a standard electronic data deliverable format. The electronic report must include a signed, Portable Document Format (PDF) version and a PDF Chain of Custody (COC) form. f. During the term of the contract, the Vendor must maintain and be able to provide, upon request, all historical laboratory results and associated documentation. g. The laboratory project file must include a printout of all raw analytical data, electronic copy, and other information not included in the analytical data report. Upon request, the file must be available for review by the City within seven (7) calendar days. Information in the laboratory project file (in addition to the material contained in the analytical data report) must include, but not be limited to: i. Printout of all analytical Quality Analysis/ Quality Control (QA/QC) data ii. Copy of shipping manifest iii. Standard logs, laboratory notebooks, and instrument logs iv. Results of laboratory blanks v. Results of instrument calibration vi. Raw analytical data, charts, and chromatograms for samples, standards, and blanks vii. Raw data calculation worksheet 3.2.6 CONSULTING a. Vendor must provide consulting services on bioassay toxicity testing results to include but not limited to: i. Analysis of test results and preparation of reports to regulatory agencies ii. Toxicity reduction evaluations iii. Toxicity identification evaluations iv. New and current permit reviews v. Quarterly or as-needed teleconferences with City Staff to answer any questions, provide advice and guidance regarding future operations vi. Able to attend and participate in meetings with regulatory agencies on the City’s behalf to resolve toxicity related compliance issues. vii. Any additional compliance and consulting services on bioassay toxicity testing as needed by the City DETAILED SPECIFICATIONS BIOASSAY TESTING AND CONSULTING 19 ITB #30-21 3.3 EMERGENCY AVAILABILITY. The Vendor must be able to provide services for the City during an emergency event such as a terrorist attack, natural calamities, a sanitary sewer overflow, and unsafe drinking water alert. The qualified firm must provide a list of contact numbers for a twenty-four (24) hour emergency event. The emergency contact list must have the person’s work phone number and cellular number. 4. PERFORMANCE MONITORING. a. The Public Utilities Department will provide regular feedback to the Vendor on their performance as outlined above and include a quarterly update status report of any issues that arise. Additionally, the City reserves the right for a quarterly meeting with the Vendor to discuss performance. b. The Vendor will provide accessibility for City representatives to perform annual quality assessment of the lab(s) and subcontracted labs. City reserves the right to perform periodic on-site audits to ensure compliance with analytical method requirements, QA/QC program requirements, and to evaluate the general quality of the work. i. The laboratory must cooperate and make available records and personnel to facilitate the audits. ii. Audits will be scheduled with sufficient notice and conducted during normal business hours. c. The Vendor will notify the City of any certification or accreditation changes before any work affected by the change is performed. d. The Vendor will provide copies of proficiency testing results to the City upon request. e. The City reserves the right to contract with an alternate laboratory (third-party), duly certified, for split sampling to verify the analytical performance of the Vendor, if needed. i. The results from the split samples will be compared to the current Vendor’s analytical data to determine if there is a deficiency in performance. ii. Any resulting deficiency or concerns must then be addressed, and a corrective action plan submitted by the Vendor to the City for consideration. f. The Vendor must report to the PM or designee on the status and overall progress of the work with a projection as to whether deliverables will be on time and within budget. g. In addition, PM or designee requires the Vendor to provide a written list of problems and anticipated problems; corrective action planned or needed; outline of proposed activities during the coming reporting period. 5. PRICING. a. The Vendor must bid on a per sample, per specimen basis. Any other type of bid will not be accepted. b. Prices bid in “Exhibit A- Bid Pricing” must include: i. All necessary labor, incidentals, and materials for testing of the sample collected by the City using Vendor supplied sample kits. ii. All costs associated with the description outlined in Column B of the table in a quarterly event (three [3] sites). The estimated annual costs will calculate based on the cost per item. All cells highlighted in yellow will be included in the bid price. iii. All costs associated with the successful completion and reporting of EPA’s annual DMR-QA study for Ceriodaphnia dubia and Pimephales promelas. iv. All costs per hour associated with the consulting services outlined in Section 3.2.6. c. All highlighted cells must be completed in order to be deemed responsive to this bid. d. Regarding “Exhibit A – Bid Pricing” provided in Microsoft (MS) Excel format: i. There is one (1) workbook with one (1) tab. Only the “Cost per Sample” column and the Vendor name are editable. ii. This sheet will automatically calculate the Estimated Annual Extended Cost and Total accordingly. iii. Vendor must provide “Cost per Sample” or “Cost per Hour” for consulting services in the highlighted yellow column. DETAILED SPECIFICATIONS BIOASSAY TESTING AND CONSULTING 20 ITB #30-21 6. PAYMENTS AND INVOICING. The Vendor must email an invoice to the City of Clearwater Public Utilities Accounting Division for payment upon their schedule but not more frequently than once every thirty-day period. The Vendor must not invoice Public Utilities until all unsatisfactory work has been corrected. The invoice must be reconciled between the Vendor and the PM/designee before payment on any disputed invoice will be authorized. Work orders must accompany each invoice detailing the date of service and type of test provided. City of Clearwater Public Utilities Accounting Division PublicUtilitiesAccounting@MyClearwater.onmicrosoft.com 1650 N. Arcturas Ave., Bldg. C Clearwater, FL 33765 7. MINIMUM QUALIFICATIONS. Vendors may be required to demonstrate that they have the resources and capability to provide bioassay toxicity testing and consulting services as prescribed herein. The following criteria must be met in order to be eligible for this contract. If any of the following qualifiers are not met a Vendor will be found non-responsive: a. Must have a current Florida Department of Health (FDOH) and National Environmental Laboratory Accreditation Program (NELAP) Certification for Acute and Chronic Toxicity Testing and it must be maintained throughout the course of the resulting contract. b. Must have at least five (5) years of experience providing bioassay toxicity testing and consulting services in the wastewater industry. c. Must have a fully functional Laboratory Information Management System (LIMS). d. Must have the ability to send results electronically in a standard electronic data deliverable format. e. Must not subcontract more than fifty percent (50%) of the services required. f. The Vendor must have and maintain a Florida Department of Environmental Protection/Department of Health approved Quality Assurance/Quality Manual. g. The Vendor must provide to the city an updated Lab Certificate annually or upon request. 8. BID SUBMITTALS. Vendors must submit the following documentation with their bid response. a. A copy of certification(s), from the FDOH in accordance with all NELAP requirements (for the analytes and sample matrices Vendor is providing pricing for in “Exhibit A- Bid Pricing”). Any analyte for which a current certification is not held must be listed on the Exceptions/Additional Materials/Addenda form, pg.27 with a listing of the subcontractor(s) that the work is to be subcontracted to. b. A copy of the NELAP certification(s) for the analytes and sample matrices for which bidder is providing pricing c. A Scope of Accreditation issued by/as provided to the Laboratory Accreditation Bureau (L-A-B). d. Copies of the Discharge Monitoring Report – Quality Assurance (DMR-QA) Proficiency Testing for the past two (2) years as issued by the Environmental Protection Agency (EPA). e. A summary of any litigation filed against the laboratory in the past five (5) years that is related to the services to be provided. The summary should state the nature of the litigation, a brief description of the case, the outcome or projected outcome, and the monetary amounts involved. NOTE: this is not considered Confidential or Proprietary information –any response indicating such maybe deemed non-responsive to the bid. f. A qualifications statement listing history of the firm, description of firm’s business structure (partnership, sole ownership, corporation, etc.) current staff and instrumentation, and any other statements or information on the firm’s qualifications as deemed appropriate g. References form- Vendor must provide a minimum of four (4) customer references, where the proposed or similar services have been used in the past two (2) years with their bid submission. At least one (1) of the references must be a wastewater facility located within Florida. h. If subcontractors are utilized, any such laboratories that are subcontracted must be identified by name and location and a copy of their FDOH/NELAP Certification and scope of accreditation must be provided at time of bud submittal. DETAILED SPECIFICATIONS BIOASSAY TESTING AND CONSULTING 21 ITB #30-21 9. DELIVERY. a. The City requires the availability for samples to be picked up daily, seven (7) days a week including holidays. b. Vendors have the option of using courier services or shipping through a third-party Vendor like FedEx. c. The Vendor must pick up all samples from the designated facility. d. If award is made to include courier services, a schedule of pick-up and delivery times for samples and/or containers from the laboratory to the City’s designated locations and from the City’s designated locations to the laboratory or agreed upon location must be established and adhered to. e. Variations to the courier schedule must be approved by the City’s primary or secondary contact. If shipment is required, the Vendor must incur all transportation and handling costs. Samples must be picked up from: Marshall Street Plant Laboratory 1605 Harbor Drive Clearwater, FL., 33755 f. Samples that require shipping and/or courier services must be picked up at the City of Clearwater Public Utilities Laboratory or another agreed upon location. i. The physical address of the City of Clearwater Public Utilities Laboratory is 1605 Harbor Drive, Clearwater, Florida, 33755. g. The locations of the City groups to be served by this contract are presented in the table below: Facility Name Facility Address East Water Reclamation Facility 3141 Gulf to Bay Blvd. Clearwater, FL 33759 Marshall Street Water Reclamation Facility 1605 Harbor Drive Clearwater, FL 33755 Northeast Water Reclamation Facility 3290 State Road 580 Clearwater, FL 34695 8. INSURANCE REQUIREMENTS. The Vendor must, 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 must 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 Vendor’s deductible or self-insured retention and to require that it be reduced or eliminated. Specifically the Vendor must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement: a. Commercial General Liability Insurance coverage, including but not limited to, premises operations, products/completed operations, products liability, contractual liability, advertising injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. b. Commercial Automobile Liability Insurance coverage for any owned, non-owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars) combined single limit. DETAILED SPECIFICATIONS BIOASSAY TESTING AND CONSULTING 22 ITB #30-21 c. Unless waived by the State of Florida and proof of waiver is provided to the City, statutory Workers’ Compensation Insurance coverage in accordance with the laws of the State of Florida, and Employer’s Liability Insurance in the minimum amount of $500,000 (five hundred thousand dollars) each employee each accident, $500,000 (five hundred thousand dollars) each employee by disease, and $500,000 (five hundred thousand dollars) disease policy limit. Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be applicable to employees, Vendors, subcontractors, and volunteers, if any. d. Professional Liability Insurance coverage appropriate for the type of business engaged in by the Contractor with minimum limits of $1,000,000 (one million dollars) per occurrence. If a claim made form of coverage is provided, the retroactive date of coverage shall be no later than the inception date of claims made coverage, unless prior policy was extended indefinitely to cover prior acts. Coverage shall be extended beyond the policy year either by a supplemental extended reporting period (ERP) of as great a duration as available, and with no less coverage and with reinstated aggregate limits, or by requiring that any new policy provide a retroactive date no later than the inception date of claims made coverage. e. Pollution Liability Insurance coverage, which covers any and all losses caused by pollution conditions (including sudden and non-sudden pollution conditions) arising from the servicing and operations of Vendor (and any subcontractors, representatives, or agents) involved in the work/transport, in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies. Other Insurance Provisions. a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the insurance policy’s renewal date(s) for as long as this Agreement remains in effect, the Vendor will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the coverage set forth above and naming the City as an “Additional Insured” on the Commercial General Liability Insurance and Auto Liability policies. In addition, when requested in writing from the City, Vendor will provide the City with certified copies of all applicable policies. The address where such certificates and certified policies must be sent or delivered is as follows: City of Clearwater Attn: Procurement Division, ITB #30-21 P.O. Box 4748 Clearwater, FL 33758-4748 b. Vendor must 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 must 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 must not be liable to reimburse Vendor for any legal fees or costs as a result of Vendor providing its defense as contemplated herein. DETAILED SPECIFICATIONS BIOASSAY TESTING AND CONSULTING 23 ITB #30-21 The stipulated limits of coverage above must not be construed as a limitation of any potential liability to the City, and City’s failure to request evidence of this insurance must not be construed as a waiver of Vendor’s (or any Vendors’, subcontractors’, representatives’ or agents’) obligation to provide the insurance coverage specified. MILESTONES BIOASSAY TESTING AND CONSULTING 24 ITB #30-21 1. BEGINNING AND END DATE OF INITIAL TERM. July 2021 – July 2022 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 must give written notice of its intentions to extend this contract no later than thirty (30) days prior to the expiration date of the contract. 3. RENEWAL. At the end of the initial term of this contract, the City may initiate renewal(s) as provided. The decision to renew a contract rests solely with the City. The City will give written notice of its intention to renew the contract no later than thirty (30) days prior to the expiration. Two (2), one (1) year (change as appropriate) renewals possible at the City’s option. 4. PRICES. All pricing must be firm for the initial term of one (1) year; except where otherwise provided by the specifications, and include all transportation, insurance, and warranty costs. The City must not be invoiced at prices higher than those stated in any contract resulting from this bid. The Vendor certifies that the prices offered are no higher than the lowest price the Vendor charges other buyers for similar quantities under similar conditions. The Vendor further agrees that any reductions in the price of the goods or services covered by this bid and occurring after award will apply to the undelivered balance. The Vendor must promptly notify the City of such price reductions. During the sixty (60) day period prior to each annual anniversary of the contract effective date, the Vendor may submit a written request that the City increase the prices for an amount for no more than the twelve month change in the Consumer Price Index for All Urban Consumers (CPI-U), US City Average, All Items, Not Seasonally Adjusted as published by the U.S. Department of Labor, Bureau of Labor Statistics (http://www.bls.gov/ppi/home.htm). The City must review the request for adjustment and respond in writing; such response and approval must not be unreasonably withheld. At the end of the initial term, pricing may be adjusted for amounts other than inflation based on mutual agreement of the parties after review of appropriate documentation. Renewal prices must be firm for at least one year and may be adjusted thereafter as outlined in the previous paragraph. No fuel surcharges will be accepted. BID SUBMISSION BIOASSAY TESTING AND CONSULTING 25 ITB #30-21 1. BID SUBMISSION. It is recommended that bids be submitted electronically through our bids website at https://www.myclearwater.com/business/rfp. For bids mailed and/or hand-delivered, bidder must submit one (1) signed original bid and one (1) electronic format on a CD or Thumb Drive, in a sealed container using label provided at the end of this solicitation. 2. BIDDER RESPONSE CHECKLIST. This checklist is provided for your convenience. It is not necessary to return a copy of this solicitation’s Instructions, Terms and Conditions, or Detailed Specifications with your bid response. Only submit the requested forms and any other requested or descriptive literature. Original and proper number of copies with electronic format (if requested) Bid container properly labeled Exhibit A – Bid Pricing Excel spreadsheet Exceptions/Additional Materials/Addenda form Vendor Information form Scrutinized Companies form(s) as required E-Verify Eligibility form as required Offer Certification form References form, pgs. 32-33 A copy of certification(s) from the Florida Department of Health (FDOH) A copy of the National Environmental Laboratory Accreditation Program (NELAP) certification(s) for the analytes and sample matrices for which bidder is providing pricing A Scope of Accreditation issued by/as provided to the Laboratory Accreditation Bureau (L-A- B) Copies of EPA DMR QA Proficiency Testing Litigation Information - A summary of any litigation filed against the laboratory in the past five (5) years that is related to the services to be provided. The summary should state the nature of the litigation, a brief description of the case, the outcome or projected outcome, and the monetary amounts involved. A qualifications statement listing history of the firm, description of firm’s business structure (partnership, sole ownership, corporation, etc.) current staff and instrumentation, and any other statements or information on the firm’s qualifications as deemed appropriate Subcontractor Information - identify subcontracted laboratories, provide a copy of their FDOH/NELAP Certification and Approved Analyte Sheet W-9 Form to be provided by Bidder (http://www.irs.gov/pub/irs-pdf/fw9.pdf) BID PRICING BIOASSAY TESTING AND CONSULTING 26 ITB #30-21 Pursuant to the contract specifications enumerated and described in this solicitation, we agree to furnish Bioassay Toxicity Testing and Consulting Services to the City of Clearwater at the price(s) stated in Exhibit A – Bid Pricing (attached). DELIVERY REQUIREMENTS FOB: Destination, Freight Prepaid and Allowed Freight Costs: Unit prices should include all freight and transportation charges Delivery, as stated in Detailed Specifications, can be met _______ Yes ________ No If no, specify number of days for delivery ______________________________ PAYMENT TERMS: City of Clearwater’s standard payment terms are NET30 Vendor: _________________________________________ Date: _______________________________ EXCEPTIONS/ADDITIONAL MATERIALS/ADDENDA BIOASSAY TESTING AND CONSULTING 27 ITB #30-21 Bidders must 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 must be considered invalid and void and of no contractual significance. Exceptions (mark one): Note – Any material exceptions taken to the City’s Standard Terms and Conditions will render a Bid Non-responsive. No exceptions Exceptions taken (describe--attach additional pages if needed) Additional Materials submitted (mark one): No additional materials have been included with this bid Additional Materials attached (describe--attach additional pages if needed) Addenda Bidders are responsible for verifying receipt of any addenda issued by checking the City’s website at http://www.myclearwater.com/business/bid-information/ prior to the bid opening. Failure to acknowledge any addenda issued may result in a response being deemed non-responsive. Acknowledgement of Receipt of Addenda (initial for each addenda received, if applicable): Addenda Number Initial to acknowledge receipt Vendor Name ____ Date: ____ VENDOR INFORMATION BIOASSAY TESTING AND CONSULTING 28 ITB #30-21 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 bid: Name: Fax: Phone: E-Mail Address: Day-to-Day Project Contact (if awarded): Name: Fax: Phone: E-Mail Address: Certified Small Business Certifying Agency: Certified Minority, Woman or Disadvantaged Business Enterprise Certifying Agency: Provide supporting documentation for your certification, if applicable. SCRUTINIZED COMPANIES FORM BIOASSAY TESTING AND CONSULTING 29 ITB #30-21 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 E-VERIFY ELIGIBILITY FORM BIOASSAY TESTING AND CONSULTING 30 ITB #30-21 VERIFICATION OF EMPLOYMENT ELIGIBILITY FORM PER FLORIDA STATUTE 448.095, VENDORS AND SUBVENDORS MUST REGISTER WITH AND USE THE E-VERIFY SYSTEM TO VERIFY THE WORK AUTHORIZATION STATUS OF ALL NEWLY HIRED EMPLOYEES. 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 and its Subcontractors are aware of the requirements of Florida Statute 448.095. 2. The Vendor and its Subcontractors are registered with and using the E-Verify system to verify the work authorization status of newly hired employees. 3. The Vendor will not enter into a contract with any Subcontractor unless each party to the contract registers with and uses the E-Verify system. 4. The Subcontractor will provide the Vendor with an affidavit stating that the Subcontractor does not employ, contract with, or subcontract with unauthorized alien. 5. The Vendor must maintain a copy of such affidavit. 6. The City may terminate this Contract on the good faith belief that the Vendor or its Subcontractors knowingly violated Florida Statutes 448.09(1) or 448.095(2)(c). 7. If this Contract is terminated pursuant to Florida Statute 448.095(2)(c), the Vendor may not be awarded a public contract for at least 1 year after the date on which this Contract was terminated. 8. The Vendor is liable for any additional cost incurred by the City as a result of the termination of this Contract. __________________________________________ Authorized Signature __________________________________________ Printed Name __________________________________________ Title __________________________________________ Name of Entity/Corporation STATE OF _____________________ COUNTY OF ___________________ The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization on, this _____ day of _________________, 20____, by _______________________________ (name of person whose signature is being notarized) as the ________________________ (title) of ______________________________________(name of corporation/entity), personally known ______, or produced _________________________ (type of identification) as identification, and who did/did not take an oath. ____________________________________ Notary Public ____________________________________ Printed Name My Commission Expires: __________________ NOTARY SEAL ABOVE OFFER CERTIFICATION By signing and submitting this Bid, the Vendor certifies that: a) It is under no legal prohibition on contracting with the City of Clearwater. b) It has read, understands, and is in compliance with the specifications, terms and conditions stated herein, as well as its attachments, and any referenced documents. c) It has no known, undisclosed conflicts of interest. d) The prices offered were independently developed without consultation or collusion with any of the other respondents or potential respondents or any other anti-competitive practices. e) No offer of gifts, payments or other consideration were made to any City employee, officer, elected official, or consultant who has or may have had a role in the procurement process for the services and or goods/materials covered by this contract. f) It understands the City of Clearwater may copy all parts of this response, including without limitation any documents and/or materials copyrighted by the respondent, for internal use in evaluating respondent’s offer, or in response to a public records request under Florida’s public records law (F.S. 119) or other applicable law, subpoena, or other judicial process; provided that Clearwater agrees not to change or delete any copyright or proprietary notices. g) Respondent hereby warrants to the City that the respondent and each of its subcontractor (“Subcontractors”) will comply with, and are contractually obligated to comply with, all Federal Immigration laws and regulations that relate to their employees. h) Respondent certifies that they are not in violation of section 6(j) of the Federal Export Administration Act and not debarred by any Federal or public agency. i) It will provide the materials or services specified in compliance with all Federal, State, and Local Statutes and Rules if awarded by the City. j) It is current in all obligations due to the City. k) It will accept such terms and conditions in a resulting contract if awarded by the City. l) The signatory is an officer or duly authorized agent of the respondent with full power and authority to submit binding offers for the goods or services as specified herein. ACCEPTED AND AGREED TO: Company Name: Signature: Printed Name: Title: Date: REFERENCES BIOASSAY TESTING AND CONSULTING 32 ITB #30-21 Instructions: Vendor must provide with bid a minimum of four (4) current customer references, preferably governmental. At least one (1) wastewater reference must be located within Florida. Complete and return with bid submittal. Reference # 1 Customer Name: Contract Value: Date Began: Date Completed: Address City / State / Zip Contact Person: Phone: Email: Products/ Services Provided: Reference # 2 Customer Name: Contract Value: Date Began: Date Completed: Address City / State / Zip Contact Person: Phone: Email: Products/ Services Provided: Reference # 3 Customer Name: Contract Value: Date Began: Date Completed: Address City / State / Zip Contact Person: Phone: Email: Products/ Services Provided: REFERENCES BIOASSAY TESTING AND CONSULTING 33 ITB #30-21 Reference # 4 Customer Name: Contract Value: Date Began: Date Completed: Address City / State / Zip Contact Person: Phone: Email: Products/ Services Provided: Vendor Name Date: MAILING LABEL CUT ALONG THE LINE AND AFFIX TO THE FRONT OF YOUR BID CONTAINER BIOASSAY TESTING AND CONSULTING 34 ITB #30-21 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ SEALED BID Submitted by: Company Name: Address: City, State, Zip: ITB #30-21, Bioassay Toxicity Testing and Consulting Services Due Date: June 16, 2021 at 10:00 A.M. City of Clearwater Attn: Procurement PO Box 4748 Clearwater FL 33758-4748 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ SEALED BID Submitted by: Company Name: Address: City, State, Zip: ITB #30-21, Bioassay Toxicity Testing and Consulting Services Due Date: June 16, 2021 at 10:00 A.M. ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ City of Clearwater Attn: Procurement 100 S Myrtle Ave 3rd Fl Clearwater FL 33756-5520 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9354 Agenda Date: 7/15/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 7.5 SUBJECT/RECOMMENDATION: Designate Vice Mayor Hamilton as the City’s official voting delegate at the Florida League of Cities’ Annual Conference, August 12-14, 2021. (consent) SUMMARY: The Florida League of Cities is hosting their annual conference at the World Center Marriot, Orlando, Florida on August 12-14, 2021. The League is asking each municipality to designate one official to be the voting delegate at the Annual Business Session on Saturday, August 14 at 9:00 a.m. Election of League leadership and adoption of resolutions are undertaken at the business meeting. At the July 12 work session, there was council consensus to appoint Vice Mayor Hamilton as the City’s official voting delegate. Staff was directed to place the item on the consent agenda. Page 1 City of Clearwater Printed on 7/14/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9424 Agenda Date: 7/15/2021 Status: Public HearingVersion: 1 File Type: Action ItemIn Control: Office of Management & Budget Agenda Number: 8.1 SUBJECT/RECOMMENDATION: Adopt a tentative millage rate of 5.9550 mills for fiscal year 2021/22; set public hearing dates on the budget for September 16, 2021 and September 30, 2021, to be held no earlier than 5:00 p.m., and schedule a special work session on August 3, 2021 at 3 p.m. to fully discuss the proposed budget. SUMMARY: In accordance with the Truth in Millage (TRIM) process, the City Council must adopt a tentative millage rate and set public hearing dates prior to finalizing and adopting a budget. This information must be provided to the Pinellas County Property Appraiser and Tax Collector by August 4, 2021. The City's proposed millage rate and public hearing dates will be included on the TRIM notices mailed to taxpayers in August. This tentative rate cannot be increased without first-class mailing notification to each taxpayer at the expense of the City of Clearwater, not less than 10 days and not more than 15 days before the public hearing. The City Manager's recommended millage rate is 5.9550 mills, the same as the current year. This rate is 7.56% more than the rolled back rate of 5.5367 mills. The rolled-back rate is the millage rate that will provide the City with the same property tax revenue as was levied in the prior year. If the proposed millage rate of 5.9550 mills is adopted, the City's ordinance adopting the millage rate will reflect a 7.56% increase from the rolled-back rate of 5.5367 mills. The proposed millage rate as well as other TRIM millage rates will be noted on the 2021 compliance forms as follows: 5.9550 mills - Tentative millage rate 5.5367 mills - Rolled-back millage rate 6.4491 mills - Maximum majority vote rate 7.0940 mills - Maximum two-thirds vote rate A special budget work session is being scheduled for Tuesday, August 3, 2021, at 3 p.m. to fully discuss the proposed budget. Page 1 City of Clearwater Printed on 7/14/2021 |1CITY OF CLEARWATER PRELIMINARY ANNUAL OPERATING & CAPITAL IMPROVEMENT BUDGET myclearwater.com Fiscal Year 2021/22 |2CITY OF CLEARWATER Key points: •Balanced budget for fiscal year 2021/2022 •Same millage rate as the current year, as planned in General Fund forecast •Restored revenues, property value growth •7 new FTEs in the General Fund •Wage increases: adjusted minimum, contract negotiations •Focused on maintaining current facilities and services •Looking to the future: new City Manager, updated strategic direction, Imagine Clearwater construction |3CITY OF CLEARWATER Total Budget (All City Operations) Amended FY 2020/21 Proposed FY 2021/22 % Inc/(Dec) $579,749,748 $615,028,695 6% |4CITY OF CLEARWATER All Funds Fund Amended FY 2020/21 Proposed FY 2021/22 Increase/ (Decrease) General Fund $ 153,824,638 $ 164,818,400 7% Utility Funds 189,956,770 211,515,440 11% Enterprise Funds 12,803,163 13,820,010 8% Internal Service Funds 64,391,470 71,052,750 10% Special Revenue Funds 25,271,720 19,183,015 (24%) Capital Fund 133,501,987 134,639,080 1% |5CITY OF CLEARWATER $0 $3 $6 $9 $12 $15 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 $7.6 $7.5 $8.2 $9.4 $11.2 $12.7 $13.3 Taxable Property Values Billion |6CITY OF CLEARWATER Millage Rate Current Millage Rate 5.9550 mills Proposed Millage Rate 5.9550 mills (7.56% greater than rolled-back rate) Rolled Back Rate 5.5367 mills |7CITY OF CLEARWATER $0 $10 $20 $30 $40 $50 $60 $70 $80 $37.7 $38.4 $43.2 $50.4 $68.1 $71.9 $76.2 Ad Valorem Tax Revenues Million |8CITY OF CLEARWATER General Fund Revenues Source Amended FY 20/21 Proposed FY 21/22 Inc/(Dec) Ad Valorem Tax $ 68,492,140 $ 72,648,340 6% Utility Taxes 15,230,000 17,270,000 13% Other Taxes 6,350,000 6,080,000 (4%) Franchise Fees 10,104,770 10,527,550 4% Intergovernmental 18,862,910 24,259,680 29% Charges for Service 15,780,380 15,799,810 0% Transfers In 11,080,942 11,276,020 2% All Other Revenue 6,306,956 6,957,000 10% Transfer (to)/from Surplus 1,616,540 TOTAL $ 153,824,638 $ 164,818,400 7% |9CITY OF CLEARWATER General Fund Expenditures Department Amended FY 20/21 Proposed FY 21/22 Inc/(Dec) Police $47,259,323 $48,798,499 3% Fire 30,294,275 30,788,310 2% Parks & Recreation 31,311,192 37,205,403 19% Library 8,000,965 8,416,337 5% Planning & Development 6,458,802 7,057,846 9% Engineering 8,230,947 8,492,000 3% Non-Departmental 9,253,248 10,155,491 10% All Other Departments 13,015,886 13,904,514 7% TOTAL $153,824,638 $164,818,400 7% |10CITY OF CLEARWATER General Fund -By Department Police 30% Fire / EMS 19% Parks & Recreation 23% Library 5% Planning & Development 4% Engineering 5% Non-Departmental 6% Admin/Other 8% Public Safety 49% $164.8 Million |11CITY OF CLEARWATER General Fund -By Category Personnel 63% Operating 15.5% Internal Service 11% Interfund Transfers 9.5% Debt and Capital 1% $164.8 Million |12CITY OF CLEARWATER 1,681.5 1,695.7 1,745.0 1,832.6 1,836.6 1,847.0 0.0 200.0 400.0 600.0 800.0 1,000.0 1,200.0 1,400.0 1,600.0 1,800.0 2,000.0 Full Time Equivalent Positions (All Funds) |13CITY OF CLEARWATER Capital Improvement Fund Utility Operations 75% General Government 17% Internal Service 6% Small Enterprise 2% $134.6 Million |14CITY OF CLEARWATER Special Budget Work Session Tuesday, August 3 –3 p.m. |15CITY OF CLEARWATER Public Hearings Thursday, September 16 –6:00 p.m. Thursday, September 30 –5:00 p.m. |16CITY OF CLEARWATER PRELIMINARY ANNUAL OPERATING & CAPITAL IMPROVEMENT BUDGET myclearwater.com Fiscal Year 2021/22 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9411 Agenda Date: 7/15/2021 Status: Public HearingVersion: 1 File Type: Action ItemIn Control: Economic Development & Housing Agenda Number: 8.2 SUBJECT/RECOMMENDATION: Approve the City of Clearwater’s Fiscal Year (FY) 2021/2022 Annual Action Plan, which is the second Action Plan of the FY2020/2021 - FY2024/2025 Consolidated Plan, to implement the goals and objectives set forth in the Consolidated Plan, and authorize the appropriate officials to enter into agreements with HUD and organizations approved for funding, together with authorization to execute administrative adjustments to same as needed. SUMMARY: On July 16, 2020, City Council approved the 2020/2021 - 2024/2025 Consolidated Plan (Consolidated Plan) identifying the city’s goals and objectives with respect to the city’s administration of HOME Investment Partnership (HOME) and Community Development Block Grant (CDBG) Program funds. Under the Consolidated Plan, the City is required by US Department of Housing and Urban Development (HUD) to create and implement a plan each year to identify the sources and uses of these funds for housing, community programs, and economic development. This plan, referred to as the Annual Action Plan, provides HUD with the City’s housing budget and proposed expenditures based on the entitlement funds and estimated program income that the City will receive in the upcoming fiscal year to meet the goals and objectives established in the Consolidated Plan. Funds will be used to develop viable communities and sustain existing ones. In addition, the funds will be used to provide safe, decent and affordable housing to assist extremely low- to moderate-income households. This year’s Annual Action Plan allocates federal funds to provide housing opportunities to extremely low- to moderate-income households for new and existing homes, construction and/or renovation of public facilities, and to fund public services programs. In FY 2021-2022, the City will receive $922,626 in entitlement funds for the CDBG Program and $452,259 in entitlement funds for the HOME Program. The City is also reprogramming: $3,358,202 in prior year HOME entitlement and program income funding; $150,000 in anticipated FY 2021-2022 HOME program income; $543,634 in prior year CDBG entitlement and program income funding; $27,500 in anticipated FY2021-2022 CDBG program income; and $1,251,658 (including $71,600 in anticipated FY2021-2022 program income) in CDBG Revolving Loan Program funds. Funds provided through the CDBG Program may be used for housing, community and economic development, public services and facilities, acquisition, relocation and administration. Funds provided through the HOME Program are limited to housing-related activities and administration. The City partners with several non-profit agencies to implement the goals and objectives established in the Consolidated Plan. To obtain these partners, the City annually publishes in Page 1 City of Clearwater Printed on 7/14/2021 File Number: ID#21-9411 February a Notice of Funding Availability in the local newspaper and on its website. This notice informs the public of the resources the City will make available and the eligible uses of these resources. It also informs them of the 30-day application period for requesting funds. The applications were due on March 18, 2021 with the City receiving 23 applications; 23 applications received an allocation of funding. A Technical Review Committee (TRC) comprised of a professional in the social service and grants community, a member of the City’s Neighborhood and Affordable Housing Advisory Board (NAHAB), a representative of the North Greenwood Community, the City Clerk and the City’s Neighborhood Coordinator reviewed and ranked the applications. Applicants were provided an opportunity to present their proposed projects at the April 13, 2021 NAHAB meeting. City Housing staff also reviewed each application to ensure it met HUD’s baseline requirements. With guidance from the TRC and NAHAB and based on available funding, City staff prepared recommended funding allocations. The NAHAB met on May 11, 2021 and approved the recommended allocations. Each year the City may allocate up to 15% of its CDBG funds for Public Services activities. This year the City received fourteen requests for funding of public services from eleven public service providers in the amount $240,230. $226,560 was available to fund the fourteen activities. This amount is unusually high because the City converted remaining Neighborhood Stabilization Program funds to CDBG and was able to direct a portion of those funds towards public services. Staff recommends the following: allocation of funding at 100 percent to housing services providers to support housing program needs. Allocation of funding for the remaining eight organizations based on the tiered ranking of TRC scoring for which the three highest-ranked applicants are granted 100 percent funding, the next three highest-ranked applicants are funded at approximately 90 percent and the two lowest-ranked applicants are funded at approximately 85 percent. The City received eight requests for funding of Public Facilities improvements. The TRC reviewed each application and recommended funding of each request as appropriate. Staff is recommending funding of all eligible components of each request. The total staff-recommended allocation of the eight projects is $671,925. This investment will help daily operations of each public Service Provider with improved facility functionality, efficiency, and safety features. The Annual Action Plan serves as a budget for planned projects and identifies unallocated funds available for additional project(s) throughout the budget year. Staff requests authorization to make administrative adjustments during the budget year to fund additional project(s), including shifting funds between projects within budgetary segments. Staff will request Council approval for any administrative adjustments that exceed City Manager authority of $100,000. On July 13, 2021, the NAHAB passed a motion recommending City Council approval of the FY2021/2022 Annual Action Plan. The FY2021/2022 Annual Action Plan is due to HUD on August 15, 2021. All organizations that will be receiving an allocation will have agreements prepared and executed by October 1, 2021. Staff will perform compliance monitoring with funded organizations on an annual basis. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 7/14/2021 City of Clearwater, FL 2021/2022 Annual Action Plan 2 OMB Control No: 2506-0117 (exp. 09/30/2021) TABLE OF CONTENTS Executive Summary ....................................................................................................................................... 4 AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b) ........................................................................ 4 PR-05 Lead & Responsible Agencies – 91.200(b) ...................................................................................... 9 AP-10 Consultation – 91.100, 91.200(b), 91.215(l) ................................................................................. 11 AP-12 Participation – 91.105, 91.200(c) ................................................................................................. 19 Expected Resources .................................................................................................................................... 23 AP-15 Expected Resources – 91.220(c)(1,2) ........................................................................................... 23 Annual Goals and Objectives ...................................................................................................................... 27 AP-20 Annual Goals and Objectives ........................................................................................................ 27 Projects ....................................................................................................................................................... 33 AP-35 Projects – 91.220(d) ..................................................................................................................... 33 AP-38 Project Summary .......................................................................................................................... 36 AP-50 Geographic Distribution – 91.220(f) ............................................................................................. 50 Affordable Housing ..................................................................................................................................... 54 AP-55 Affordable Housing – 91.220(g) ................................................................................................... 54 AP-60 Public Housing – 91.220(h) ........................................................................................................... 56 AP-65 Homeless and Other Special Needs Activities – 91.220(i) ............................................................ 58 AP-75 Barriers to affordable housing – 91.220(j) ................................................................................... 62 AP-85 Other Actions – 91.220(k) ............................................................................................................ 64 Program Specific Requirements .................................................................................................................. 68 AP-90 Program Specific Requirements – 91.220(l)(1,2,4) ...................................................................... 68 Appendix ..................................................................................................................................................... 71 City of Clearwater, FL 2021/2022 Annual Action Plan 3 OMB Control No: 2506-0117 (exp. 09/30/2021) TABLES Table 1 – Responsible Agencies .................................................................................................................... 9 Table 2 – Agencies, groups, organizations who participated ..................................................................... 17 Table 3 – Other local / regional / federal planning efforts ......................................................................... 18 Table 4 – Citizen Participation Outreach .................................................................................................... 22 Table 5 – Expected Resources – Priority Table ........................................................................................... 24 Table 6 – Goals Summary ............................................................................................................................ 30 Table 7 – Project Information ..................................................................................................................... 34 Table 8 – Geographic Distribution .............................................................................................................. 50 Table 9 – One Year Goals for Affordable Housing by Support Requirement .............................................. 54 Table 10 – One Year Goals for Affordable Housing by Support Type ......................................................... 54 MAPS Map 1 – Low- and Moderate-Income Areas ............................................................................................... 51 Map 2 – Neighborhood Revitalization Strategy Areas Map ....................................................................... 52 City of Clearwater, FL 2021/2022 Annual Action Plan 4 OMB Control No: 2506-0117 (exp. 09/30/2021) EXECUTIVE SUMMARY AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b) INTRODUCTION The City of Clearwater, Florida, has completed the planning process for the 2021/2022 Annual Action Plan as required by the U.S. Department of Housing and Urban Development (HUD). The purpose of the Annual Action Plan is to identify anticipated resources and proposed projects to address the goals, objectives, and strategies of the City’s Consolidated Plan spanning program years 2020/2021- 2024/2025. The Consolidated Plan guides the use of City resources to address housing and community development needs over a five-year period. The 2021/2022 Annual Action Plan covers the second year of the five-year period. The Annual Action Plan is developed in a manner specified by HUD, and the City has followed the prescribed format in completing the plan. During the planning process, the City published a Notice of Funding Availability (NOFA) and conducted a subrecipient grant application workshop (i.e., technical assistance meeting) that specifically consulted housing and public service providers. The City also convened meetings of the Neighborhood and Affordable Housing Advisory Board (NAHAB) and Technical Review Committee to consider federal allocations and project applications and held public hearings with the NAHAB and City Council to approve the Annual Action Plan. The purpose of this process was to facilitate the submittal of applications for projects that will address the goals, objectives, and strategies during the second year of the Consolidated Plan’s five-year period. There are four (4) major areas of focus in the Consolidated Plan: Housing, Homelessness, Non-Housing Community Development and Non-Homeless Special Needs. The Annual Action Plan process requires the City to identify anticipated resources and proposed projects to address the priority needs for each area of focus. The planning process was critical in selecting projects to effectively address these priority needs. SUMMARIZE THE OBJECTIVES AND OUTCOMES IDENTIFIED IN THE PLAN This could be a restatement of items or a table listed elsewhere in the plan or a reference to another location. It may also contain any essential items from the housing and homeless needs assessment, the housing market analysis, or the strategic plan. The City of Clearwater Consolidated Plan is structured around seven (7) goals in administering the City’s housing and community development programs. Each goal is accompanied by corresponding objectives toward meeting that goal. These goals and objectives are as follows: GOAL: PROGRAM ADMINISTRATION ADMINISTER THE CITY OF CLEARWATER’S FEDERALLY FUNDED GRANT PROGRAMS TO IMPLEMENT THE GOALS OF THE FIVE-YEAR CONSOLIDATED PLAN. City of Clearwater, FL 2021/2022 Annual Action Plan 5 OMB Control No: 2506-0117 (exp. 09/30/2021) GOAL: HOUSING PROVIDE AVAILABILITY OF, AND ACCESSIBILITY TO, DECENT AFFORDABLE HOUSING FOR THE RESIDENTS OF THE CITY OF CLEARWATER. Objective 1: Preserve the existing housing stock. Objective 2: Increase the availability of affordable housing units. Objective 3: Assist qualified low- and moderate-income households to become homeowners through supporting agencies that provide housing counseling. Objective 4: Provide mortgage assistance for low- and moderate-income homebuyers. Objective 5: Provide rental and utility assistance for low- and moderate-income persons. GOAL: HOMELESSNESS HELP TO PREVENT AND REDUCE HOMELESSNESS WITHIN THE CITY OF CLEARWATER. Objective 1: Support programs that offer shelter facilities and beds for the homeless. Objective 2: Assist agencies that engage in homeless prevention and service programs. GOAL: NON-HOMELESS SPECIAL NEEDS EXPAND THE ACCESSIBILITY AND COORDINATION OF SOCIAL SERVICES TO CITY OF CLEARWATER SPECIAL NEEDS POPULATIONS. Objective 1: Support construction, expansion, and improvement of facilities that assist the elderly, frail elderly, disabled, veterans, and other populations with special needs. Objective 2: Support programs to assist the elderly, frail elderly, disabled, veterans, and other populations with special needs. GOAL: COMMUNITY DEVELOPMENT & PUBLIC SERVICES ENHANCE THE LIVING ENVIRONMENT FOR PERSONS IN LOW- AND MODERATE-INCOME AREAS THROUGH COMMUNITY DEVELOPMENT ACTIVITIES, PUBLIC SERVICE PROGRAMS, AND ELIMINATION OF BLIGHT. Objective 1: Support the construction, expansion, and improvement of public facilities in low- and moderate-income areas. City of Clearwater, FL 2021/2022 Annual Action Plan 6 OMB Control No: 2506-0117 (exp. 09/30/2021) Objective 2: Encourage and support programs that promote neighborhood safety and security, youth accountability and mentoring, and community outreach to underserved populations in low- and moderate-income areas. Objective 3: Support agencies that offer meal and/or food bank services for persons and families of low- and moderate-income. Objective 4: Support the construction, expansion, and improvement of public parks, infrastructure, and utilities in low- and moderate-income areas. Objective 5: Eliminate blighted conditions through code enforcement and demolition in low- and moderate-income areas. GOAL: ECONOMIC DEVELOPMENT SUPPORT PROGRAMS THAT CREATE ECONOMIC OPPORTUNITIES IN THE CITY OF CLEARWATER, PARTICULARLY FOR PERSONS OF LOW- AND MODERATE-INCOME AND IN NEIGHBORHOOD REVITALIZATION STRATEGY AREAS. Objective 1: Support building façade programs in Neighborhood Revitalization Strategy Areas and low- and moderate-income areas. Objective 2: Support non-profit organizations in developing facilities that support the local economy. Objective 3: Support programs that create economic opportunity for low- to moderate-income persons, such as job training and entrepreneurship, small-business start-ups and incubators, and other economic development activities. GOAL: EMERGENCY/DISASTER RESPONSE PROVIDE ASSISTANCE PRIOR TO, DURING AND AFTER A COMMUNITY EMERGENCY AND/OR DISASTER EVENT TO PREPARE FOR AND/OR MITIGATE LOSS, PROTECT DURING AN EVENT, AND AID WITH RECOVERY. Objective 1: Provide assistance for activities that meet a particular urgent need or to prepare for, respond to, and recover from an event triggering a local, state, or national emergency declaration. EVALUATION OF PAST PERFORMANCE This is an evaluation of past performance that helped lead the grantee to choose its goals or projects. The Economic Development and Housing Department oversees implementation of the CDBG and HOME programs. The previous Annual Action Plan covered the first year of the City’s Consolidated Plan. The previous year has shown significant progress in the City’s efforts to implement HUD entitlement City of Clearwater, FL 2021/2022 Annual Action Plan 7 OMB Control No: 2506-0117 (exp. 09/30/2021) programs. The City is compliant with HUD regulations and continues to deliver housing and community development services in an efficient manner. Over the previous year, the City received an annual allocation of $837,233 (with HUD Corrected Notice) in Community Development Block Grant (CDBG) funds and $431,344 (with HUD Corrected Notice) in HOME Investment Partnerships (HOME). With those funds, approximately 11,000 people, 6,000 households, and 56 businesses are estimated to be assisted during program year 2020/2021. With these funds, the Economic Development and Housing Department offered an array of housing programs and services providing the foundation needed to aid in promoting homeownership and/or sustainable neighborhoods: • Homeowner rehabilitation, including emergency repairs and accessibility retrofitting for persons with disabilities • Down payment and closing cost assistance for homebuyers • Acquisition/new construction for affordable housing • Fair housing activities • Funding to grant subrecipients for public services, including activities that serve the homeless, persons with special needs, or persons of low and moderate income • Funding for public facilities and infrastructure projects benefitting low- and moderate-income neighborhoods • Economic development activities The City has been successful in implementing these programs in the past and anticipates the continuation of such programs in the future. Over the next year, the City will use CDBG and HOME funds to meet the goals and objectives identified in the Consolidated Plan. SUMMARY OF CITIZEN PARTICIPATION PROCESS AND CONSULTATION PROCESS Summary from citizen participation section of plan. Comments and concerns raised during the citizen participation process were taken into consideration when developing the Annual Action Plan's anticipated resources and proposed projects. The Annual Action Plan is a collaborative process that involves a Notice of Funding Availability (NOFA), subrecipient applications, City staff and advisory board consideration of federal allocations and proposed projects, and identification of strategies for improved coordination and delivery. As part of this process, the City sought to identify projects and strategies to address the priority needs of the Consolidated Plan’s Strategic Plan. Such priority needs were identified during the Consolidated Plan process based on past program performance, available housing and demographic data, public input, housing and service provider consultation, and community meetings and surveys. In addition, the City provided opportunity for citizen participation and comment, including public notices, a 30-day comment period, and solicited input and direction from City Departments, the NAHAB, and the City Council to establish action items for the second year. City of Clearwater, FL 2021/2022 Annual Action Plan 8 OMB Control No: 2506-0117 (exp. 09/30/2021) SUMMARY OF PUBLIC COMMENTS This could be a brief narrative summary or reference an attached document from the Citizen Participation section of the Con Plan. Although there are many issues that are important to City of Clearwater residents, the following priority needs were identified in the Consolidated Plan and guided the 2021/2022 Annual Action Plan and projects selected: • Affordable housing, housing rehabilitation, and alternative housing options • Rental, down payment, and utilities assistance • Housing, facilities, and services for the homeless • Facilities and services for persons with special needs, including behavioral/mental health counseling and/or substance abuse treatment • Services for populations that fall into “service gaps” such as youth aging out of foster care and the transportation disadvantaged • Public facility improvements (e.g., parks, libraries, and community cultural/resource centers) • Public infrastructure improvements (e.g., utilities, public safety, and transportation) • Blight elimination/code enforcement • Economic development (e.g., support for neighborhood-level commercial, incentives and financial assistance for small businesses and start-ups, façade improvements) SUMMARY OF COMMENTS OR VIEWS NOT ACCEPTED AND THE REASONS FOR NOT ACCEPTING THEM All comments received by the City of Clearwater were considered and are, generally or specifically, addressed by the Annual Action Plan. Documentation of all comments received is included as an attachment (PDF format) to the Consolidated Plan submittal. SUMMARY The goals, objectives, and strategies of the 2020/2021-2024/2025 Consolidated Plan were identified through an extensive citizen participation process that involved neighborhood residents, local housing and service providers, and regional partners. The Consolidated Plan guides the City’s use of CDBG resources through seven (7) goals. These goals are summarized as Program Administration, Housing, Homelessness, Non-Homeless Special Needs, Community Development and Public Services, Economic Development, and Emergency/Disaster Response. The 2021/2022 Annual Action Plan identifies anticipated resources and proposed projects to address those goals. Over the second year of the Consolidated Plan, the City will continue to deliver housing and community development activities that support housing rehabilitation and assistance, public facility and infrastructure improvements, economic development initiatives, and partnerships with an array of housing and public service providers. City of Clearwater, FL 2021/2022 Annual Action Plan 9 OMB Control No: 2506-0117 (exp. 09/30/2021) PR-05 Lead & Responsible Agencies – 91.200(b) AGENCY/ENTITY RESPONSIBLE FOR PREPARING/ADMINISTERING THE CONSOLIDATED PLAN Describe the agency/entity responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source. Agency Role Name Department/Agency Lead Agency City of Clearwater, FL Economic Development and Housing Department/Housing Division Table 1 – Responsible Agencies NARRATIVE (OPTIONAL) The City of Clearwater, Florida, is the lead agency responsible for overseeing the development of the Annual Action Plan. The Economic Development and Housing Department is the internal department that is responsible for the day-to-day administration of CDBG and HOME funding (see Table 1). However, the Economic Development and Housing Department worked closely with both the City Council and the Neighborhood and Affordable Housing Advisory Board (NAHAB) in addition to residents and sub-recipients to develop a meaningful document. The development of the Annual Action Plan was based on the previous Annual Action Plan, associated Consolidated Plan, and other relevant studies, plans and reports. Some of the primary documents included the City’s Neighborhood Revitalization Strategy Area documents, Local Housing Incentives Strategy and Local Housing Assistance Plan, and Economic Development Strategic Plan, and the Pinellas County Homeless Leadership Alliance’s reporting documents, among others. To maximize citizen participation, City staff published a Notice of Funding Availability (NOFA), held a grant application workshop (i.e., technical assistance meeting), convened the NAHAB and Technical Review Committee to consider anticipated resources and proposed projects, held a 30-day public comment period, and held a public hearing with the City Council to approve the Annual Action Plan. As part of these efforts, low- and moderate-income residents, as well as service providers, were encouraged to provide input on the Annual Action Plan, anticipated resources, and proposed projects. CONSOLIDATED PLAN PUBLIC CONTACT INFORMATION Inquiries, comments, or complaints concerning the Plan, any amendments, or performance reports, can be conveyed by contacting City staff at: City of Clearwater Economic Development and Housing Department 600 Cleveland St, Suite 600 (6th Floor) Clearwater, FL 33755 Telephone: (727) 562-4030 City of Clearwater, FL 2021/2022 Annual Action Plan 10 OMB Control No: 2506-0117 (exp. 09/30/2021) Fax: (727) 562-4037 Charles.Lane@MyClearwater.com Business hours: 8:00 a.m. to 5:00 p.m., Monday through Friday Written complaints may also be made to the Jacksonville Field Office of the U.S. Department of Housing and Urban Development (HUD) at the following address: U.S. Department of Housing and Urban Development Community Planning and Development Division 400 West Bay St., Ste. 1015 Jacksonville, FL 32202 Phone: (904) 232-2627 Fax: (904) 232-3759 Business hours: 8:00 a.m. to 4:30 p.m., Monday through Friday City of Clearwater, FL 2021/2022 Annual Action Plan 11 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-10 Consultation – 91.100, 91.200(b), 91.215(l) INTRODUCTION Partnering with other local, public, and private entities is vital to addressing the identified priority needs related to affordable housing, homelessness, special needs, and community development. Clearwater's Citizen Participation Plan incorporates the goals, policies, and implementation strategies that the City will undertake to encourage and ensure adequate citizen participation in the development of the Consolidated Plan, the Annual Action Plan, any substantial amendments to the Plans, and the Consolidated Annual Performance and Evaluation Report (CAPER). Citizen participation provides a means of involving the citizens of Clearwater in an advisory capacity in all phases of HUD programs. Citizen participation in such efforts is essential if the activities to be undertaken are to be truly successful and responsive to the needs and concerns of the community. The Citizen Participation Plan provides for and encourages residents to explain their needs and voice their concerns. Emphasis is placed on persons of low- and moderate-income who are residents of low- and moderate-income areas in which funds are proposed to be used. However, at the same time, residents are reminded that their input is advisory and that final authority for decision-making rests with the City Council, who is responsible to both the citizens of Clearwater and the Federal government. To promote citizen participation, the City published a notice of funding availability (NOFA), held a subrecipient grant application workshop (i.e., Technical Assistance Meeting), convened the Neighborhood and Affordable Housing Advisory Board (NAHAB) and Technical Review Committee to consider anticipated resources and proposed projects, published the draft Annual Action Plan for a 30- day public comment period, and held public hearings with the NAHAB and City Council to approve the Annual Action Plan. The NOFA, subrecipient grant application workshop, and 30-day public comment period provided opportunities for citizens and interested parties to become knowledgeable about Clearwater’s housing and community development programs and eligibility requirements. Participants were asked to provide input on how funds should be allocated to programs and projects related to affordable housing, homelessness, special needs, and community development. PROVIDE A CONCISE SUMMARY OF THE JURISDICTION’S ACTIVITIES TO ENHANCE COORDINATION BETWEEN PUBLIC AND ASSISTED HOUSING PROVIDERS AND PRIVATE AND GOVERNMENTAL HEALTH, MENTAL HEALTH, AND SERVICE AGENCIES (91.215(L)) Institutional coordination of the Annual Action Plan establishes a unified vision for community development. The City uses a collaborative process to shape various programs into effective, coordinated strategies. This process also facilitates the opportunity for planning and citizen participation to take place in a comprehensive context, attempting to reduce duplication of effort at the local level. City of Clearwater, FL 2021/2022 Annual Action Plan 12 OMB Control No: 2506-0117 (exp. 09/30/2021) The City will implement this Annual Action Plan in coordination with public, private, and nonprofit agencies. Nonprofit agencies may include, but are not limited to, service providers and community housing development organizations. Private sector partners may include, but are not limited to, local financial institutions, developers, and local businesses. The City works closely with its partners to design programs that address identified needs. Table 2 outlines the types of agencies and organizations consulted throughout the program year and during the development of the Annual Action Plan. Organizations consulted included various service providers, Community Housing Development Organizations (CHDOs), Clearwater Housing Authority, Pinellas County Homeless Leadership Alliance, City Departments, NAHAB, and the City Council, among others. DESCRIBE COORDINATION WITH THE CONTINUUM OF CARE AND EFFORTS TO ADDRESS THE NEEDS OF HOMELESS PERSONS (PARTICULARLY CHRONICALLY HOMELESS INDIVIDUALS AND FAMILIES, FAMILIES WITH CHILDREN, VETERANS, AND UNACCOMPANIED YOUTH) AND PERSONS AT RISK OF HOMELESSNESS. The City coordinated with the Pinellas County Homeless Leadership Alliance during development of the Consolidated Plan and through its most recent PIT and Homeless Assessment reports and with residents through community meetings. This consultation was pivotal in preparing the Needs Assessment and Strategic Plan components of the Consolidated Plan, which collectively inform the selection of projects for the 2021/2022 Annual Action Plan. The Clearwater Housing Authority was also consulted during the development of the Consolidated Plan through its most recent Public Housing Authority Plan and other HUD reports, which also inform the selection of projects for inclusion in the 2021/2022 Annual Action Plan. DESCRIBE CONSULTATION WITH THE CONTINUUM(S) OF CARE THAT SERVES THE JURISDICTION'S AREA IN DETERMINING HOW TO ALLOCATE ESG FUNDS, DEVELOP PERFORMANCE STANDARDS FOR AND EVALUATE OUTCOMES OF PROJECTS AND ACTIVITIES ASSISTED BY ESG FUNDS, AND DEVELOP FUNDING, POLICIES AND PROCEDURES FOR THE OPERATION AND ADMINISTRATION OF HMIS The City of Clearwater does not receive or administer an Emergency Shelter Grant (ESG). During the development of the Consolidated Plan, consultation with the Continuum of Care (CoC) included research of the Pinellas County Homeless Leadership Alliance (HLA) annual reports and plans, community meetings, public hearings, and notices. The Consolidated Plan establishes goals, objectives, and strategies to address homelessness, which inform the selection of projects for inclusion in the Annual Action Plan. The HLA, as the lead agency for the area’s CoC, utilizes the following system performance measures and procedural documents: HUD System Performance Measures, HUD CoC Project Priority Application Ranking System, NAEH Rapid Rehousing Performance Benchmarks and Program Standards, Annual Homeless Assessment Report (AHAR) and Homeless Management Information System (HMIS) data, City of Clearwater, FL 2021/2022 Annual Action Plan 13 OMB Control No: 2506-0117 (exp. 09/30/2021) Annual Point-in-Time (PIT) Count Report, Housing Inventory Count, and other documents including the Federal Strategic Plan to Prevent and End Homelessness. The HLA is comprised of 24 members, two executive officers, and 17 staff persons. The Board consists of two councils, the Providers Council and Funders Council, that work together to identify concerns and make policies and recommendations on homeless issues. The mission of the HLA is to coordinate all community partners, systems, and resources available with the goal of helping individuals and families to prevent, divert, and end homelessness in Pinellas County. DESCRIBE AGENCIES, GROUPS, ORGANIZATIONS, AND OTHERS WHO PARTICIPATED IN THE PROCESS AND DESCRIBE THE JURISDICTION’S CONSULTATIONS WITH HOUSING, SOCIAL SERVICE AGENCIES AND OTHER ENTITIES Agency / Group / Organization Type What section of the Plan was addressed by Consultation? How was the Agency / Group / Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Arts 4 Life Academy, Inc. Services- Children/Services- Education Non-Housing Community Development Strategy Email Outreach for NOFA/Technical Assistance Meeting, Opportunity to Apply or Comment Bright Community Trust Housing Housing Needs Assessment/Market Analysis Email Outreach for NOFA/Technical Assistance Meeting, Opportunity to Apply or Comment City of Clearwater, City Council Government – Local/Civic Leaders All Sections Government/Local Officials, Approval of Advisory Board Recommendations and Action Plan City of Clearwater, Economic Development and Housing Department Other (City Departments)/ Grantee Department All Sections Internal Meetings with Economic Development and Housing Department Staff, Technical Review Committee Facilitation City of Clearwater, Neighborhood and Housing Advisory Board (NAHAB) Other (Advisory Board) All Sections Advisory Board, Recommendations regarding project selection and funding allocations Clearwater Housing Authority PHA Public Housing Needs/Market Analysis Consultation, Research of Annual and 5-Year PHA Plans City of Clearwater, FL 2021/2022 Annual Action Plan 14 OMB Control No: 2506-0117 (exp. 09/30/2021) Agency / Group / Organization Type What section of the Plan was addressed by Consultation? How was the Agency / Group / Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Clearwater MLK Jr. Neighborhood Center Coalition Services-Children/ Other (Food Bank)/Neighborhood Organization Market Analysis/Non- Housing Community Development Strategy Email Outreach for NOFA/Technical Assistance Meeting, Opportunity to Apply or Comment Clearwater Neighborhood Housing Services, Inc. (CNHS) Services-Fair Housing Housing Need Assessment/Public Housing Needs/Market Analysis Email Outreach for NOFA/Technical Assistance Meeting, Opportunity to Apply or Comment Clearwater Urban Leadership Coalition (CULC) Regional Organization/Civic Leaders Market Analysis/Anti- Poverty Strategy/Non- Housing Community Development Strategy Email Outreach, Technical Review Committee Member Directions for Living Other (Services- Mental Health) Non-Homeless Special Needs Email Outreach for NOFA/Technical Assistance Meeting, Opportunity to Apply or Comment FYI Community Partnership, Inc. (FYICP) Services- Children/Services- Educations/Services- Families Housing Need Assessment/Market Analysis Email Outreach for NOFA/Technical Assistance Meeting, Opportunity to Apply or Comment Gulfcoast Legal Services Other (Legal) Housing Need Assessment/ Homelessness Strategy/Market Analysis Email Outreach for NOFA/Technical Assistance Meeting, Opportunity to Apply or Comment Habitat for Humanity of Pinellas and West Pasco Counties Housing Housing Needs Assessment/Market Analysis Email Outreach for NOFA/Technical Assistance Meeting, Opportunity to Apply or Comment Home Share Pinellas Other (Services- Housing) Housing Needs Assessment/Market Analysis Email Outreach for NOFA/Technical Assistance Meeting, Opportunity to Apply or Comment City of Clearwater, FL 2021/2022 Annual Action Plan 15 OMB Control No: 2506-0117 (exp. 09/30/2021) Agency / Group / Organization Type What section of the Plan was addressed by Consultation? How was the Agency / Group / Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Homeless Emergency Project, Inc. (HEP) Empowers Services-Homeless Homelessness Strategy/Homeless Needs- Chronically Homeless, Families with Children, Veterans, Unaccompanied Youth/Market Analysis Email Outreach for NOFA/Technical Assistance Meeting, Opportunity to Apply or Comment Hope Villages of America, Inc. (fka RCS Pinellas) Housing/Other (Food Bank) Homelessness Strategy/Homeless Needs-Chronically Homeless, Families with Children, Veterans, Unaccompanied Youth/Market Analysis Email Outreach for NOFA/Technical Assistance Meeting, Opportunity to Apply or Comment Housing and Education Alliance (HEA) USA Other (Services- Housing) Housing Needs Assessment/Market Analysis Email Outreach for NOFA/Technical Assistance Meeting, Opportunity to Apply or Comment InterCultural Advocacy Institute (ICAI)/Hispanic Outreach Center Services- Children/Services- Education/Other (Legal)/Other (Food Bank) Market Analysis/Non- Housing Community Development Strategy Email Outreach for NOFA/Technical Assistance Meeting, Opportunity to Apply or Comment Kimberly Home Housing/Services- Health Housing Needs Assessment/Homelessness Strategy Email Outreach for NOFA/Technical Assistance Meeting, Opportunity to Apply or Comment Mattie Williams Neighborhood Family Center (NFC) Services-Children/ Services-Education/ Services-Employment Market Analysis/Anti- Poverty Strategy/Non- Housing Community Development Strategy Email Outreach for NOFA/Technical Assistance Meeting, Opportunity to Apply or Comment Miracles Outreach Community Development Center Services- Housing/Services- Children Housing Need Assessment/Homelessness Needs-Unaccompanied Youth/Market Analysis Email Outreach for NOFA/Technical Assistance Meeting, Opportunity to Apply or Comment Pinellas County Homeless Leadership Alliance Services- Homeless/Continuum of Care Homelessness Strategy/Homeless Needs- Chronically Homeless, Families with Children, Veterans, Unaccompanied Youth/Market Analysis Consultation, Research of Reports and Plans, Email Outreach, Technical Review Committee Member City of Clearwater, FL 2021/2022 Annual Action Plan 16 OMB Control No: 2506-0117 (exp. 09/30/2021) Agency / Group / Organization Type What section of the Plan was addressed by Consultation? How was the Agency / Group / Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Pinellas Ex-Offender Re-Entry Coalition Services- Homeless/Other (Re- Entry Program) Homelessness Strategy Email Outreach for NOFA/Technical Assistance Meeting, Opportunity to Apply or Comment Pinellas Opportunity Council/CHORE Services Services-Elderly Persons Non-Homeless Special Needs Email Outreach for NOFA/Technical Assistance Meeting, Opportunity to Apply or Comment Prospera Florida (Hispanic Business Initiative of Florida) Other (Economic Development) Market Analysis/Anti- Poverty Strategy/Non- Housing Community Development Strategy Email Outreach for NOFA/Technical Assistance Meeting, Opportunity to Apply or Comment R’Club Childcare, Inc. Services-Children Market Analysis/Non- Housing Community Development Strategy Email Outreach for NOFA/Technical Assistance Meeting, Opportunity to Apply or Comment Southport Financial Services (SPHome) Housing Housing Needs Assessment/Market Analysis Email Outreach for NOFA/Technical Assistance Meeting, Opportunity to Apply or Comment St. Vincent DePaul Community Kitchen and Resource Center Services- Homeless/Other (Soup Kitchen) Homeless Needs- Chronically Homeless, Families with Children, Veterans, Unaccompanied Youth/Homelessness Strategy Email Outreach for NOFA/Technical Assistance Meeting, Opportunity to Apply or Comment Suncoast Housing Connections (fka Tampa Bay Community Development Corporation (CDC)) Housing/Services-Fair Housing Housing Need Assessment/Market Analysis Email Outreach for NOFA/Technical Assistance Meeting, Opportunity to Apply or Comment Tampa Bay Black Business Investment Corporation, Inc. (BBIC) Other (Investment Corporation) Market Analysis/Anti-Poverty Strategy/Non- Housing Community Development Strategy Email Outreach for NOFA/Technical Assistance Meeting, Opportunity to Apply or Comment Tarpon Springs Housing Authority PHA Public Housing Needs/Market Analysis Consultation, Research of Annual and 5-Year PHA Plans City of Clearwater, FL 2021/2022 Annual Action Plan 17 OMB Control No: 2506-0117 (exp. 09/30/2021) Agency / Group / Organization Type What section of the Plan was addressed by Consultation? How was the Agency / Group / Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? The Salvation Army Services-Homeless Homelessness Strategy/Homeless Needs- Chronically Homeless, Families with Children, Veterans, Unaccompanied Youth/Market Analysis Email Outreach, Technical Review Committee Member WestCare, Gulfcoast-Florida, Inc. Services-Persons with HIV/AIDS/Services-Health/Other (Services-Mental Health) Market Analysis Email Outreach for NOFA/Technical Assistance Meeting, Opportunity to Apply or Comment Table 2 – Agencies, groups, organizations who participated IDENTIFY ANY AGENCY TYPES NOT CONSULTED AND PROVIDE RATIONALE FOR NOT CONSULTING During the development of the Consolidated Plan, the City of Clearwater consulted with the lead agency for the CoC, local and county public housing authorities (PHAs), affordable housing providers, various social service providers, City departments, and civic leaders. Additionally, during the development of the 2021/2022 Action Plan, the citizens, including but not limited to low- and moderate-income residents and other entities impacted by housing and community development activities, were noticed of funding availability, a subrecipient grant application workshop (i.e., technical assistance meeting), posting of the draft Annual Action Plan for a 30-day comment period, and meetings and public hearings of the NAHAB and City Council. Such noticing occurred by email, City website, and newspaper advertisements. Other agencies and organizations not directly consulted were consulted indirectly by research of published plans and reports. City of Clearwater, FL 2021/2022 Annual Action Plan 18 OMB Control No: 2506-0117 (exp. 09/30/2021) OTHER LOCAL/REGIONAL/STATE/FEDERAL PLANNING EFFORTS CONSIDERED WHEN PREPARING THE PLAN Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? Continuum of Care (CoC) Pinellas County Homeless Leadership Alliance Homelessness/Help to prevent and reduce homelessness within the City of Clearwater. State Housing Initiatives Partnership (SHIP) Local Housing Incentives Strategy (2020) and Local Housing Assistance Plan (2021) City of Clearwater/State of Florida Housing/Provide availability of and accessibility to decent affordable housing for the residents of the City of Clearwater (e.g., identification of barriers and incentives strategies). Economic Development Strategic Plan (2011) City of Clearwater Economic Development/Support programs that create economic opportunities in the City of Clearwater, particularly for persons low- and moderate-income and in Neighborhood Revitalization Strategy Areas. Tampa Bay Comprehensive Economic Development Strategy (CEDS) (2017) Tampa Bay Regional Planning Council Economic Development/Support programs that create economic opportunities in the City of Clearwater, particularly for persons low- and moderate-income and in Neighborhood Revitalization Strategy Areas. Table 3 – Other local / regional / federal planning efforts NARRATIVE (OPTIONAL) Many of the programs and activities that will be carried out by the City of Clearwater during the second program year (2021/2022) will involve coordination with subrecipient agencies and organizations. The City actively works with subrecipients to support the City’s goals of affordable housing, reduced homelessness, accessible social services, enhanced living environment, and economic opportunity for low- and moderate-income persons. At a minimum, implicit in these goals is the City’s commitment to providing coordinated community, housing, and supportive services to its lower income residents. These services are provided through not only City-administered CDBG and HOME programs, but also through subrecipient partnerships, coordination with government and quasi-government agencies, and respective planning efforts (see Table 3). The City will continue to encourage partnerships between governments, lenders, builders, developers, real estate professionals, and advocates for low-income persons. The City will continue to work with the building industry, banking industry, real estate industry, social service providers and other community groups to promote the development of affordable housing and related housing services. City of Clearwater, FL 2021/2022 Annual Action Plan 19 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-12 Participation – 91.105, 91.200(c) SUMMARY OF CITIZEN PARTICIPATION PROCESS/EFFORTS MADE TO BROADEN CITIZEN PARTICIPATION The development of the Annual Action Plan requires a citizen participation process to obtain input from residents and service providers that represent the City of Clearwater’s low- and moderate-income, homeless, or special needs populations. The following section describes the citizen participation process conducted by the City to develop the 2021/2022 Action Plan. During the development of the 2021/2022 Action Plan, the City published a Notice of Funding Availability (NOFA) and held a subrecipient grant application workshop (i.e., technical assistance meeting) to collect applications for potential projects. The City of Clearwater’s Neighborhood and Affordable Housing Advisory Board (NAHAB) then convened to discuss the anticipated resources and applications for potential projects. Applicants were provided an opportunity to present their projects to the NAHAB for consideration. A Technical Review Committee also met to discuss project eligibility specific to the City’s federally funded programs. Once potential projects were recommended by the Technical Review Committee and selected by the NAHAB, the draft Annual Action Plan was posted for a 30-day comment period. At the conclusion of the 30-day comment period, public hearings were held with the NAHAB and City Council to approve the 2021/2022 Action Plan for submittal to HUD. Noticing of these events occurred by email, City website, and newspaper advertisements. Notices for public meetings/hearings included information for persons needing reasonable accommodations to participate. A summary of the citizen participation process is shown in Table 4. Copies of advertisements, meeting minutes, and other documentation are included in the Appendix. SUMMARIZE CITIZEN PARTICIPATION PROCESS AND HOW IT IMPACTED GOAL SETTING Comments and concerns raised during the citizen participation process were taken into consideration when developing the Annual Action Plan. The 2021/2022 Action Plan is intended to support the goals, objectives, and strategies of the Five-Year Consolidated Plan, and to address the priority needs of the community. Applications for potential projects to be funded were considered by the NAHAB and Technical Review Committee, and were selected based on available funding, eligibility of proposed activities, and relevance to the Consolidated Plan. The selected projects support the City’s goals pertaining to housing, homelessness, non-homeless special needs, community development and public services, and economic development. Program administration activities, though not part of the application process, are also included in the 2021/2022 Action Plan. No activities pertaining to emergency/disaster response are included in the second-year Action Plan. City of Clearwater, FL 2021/2022 Annual Action Plan 20 OMB Control No: 2506-0117 (exp. 09/30/2021) CITIZEN PARTICIPATION OUTREACH Continued next page. City of Clearwater, FL 2021/2022 Annual Action Plan 21 OMB Control No: 2506-0117 (exp. 09/30/2021) Sort Order Mode of Outreach Target of Outreach Summary of response/ attendance Summary of comments received Summary of comments not accepted and reasons URL (If applicable) 1 Other (Email Outreach) Other (Service Providers/Subrecip ients) February 16, 2021 Notice of Funding Availability (NOFA)/Online Project Application Process emailed to service providers/subrecipients N/A N/A 2 Newspaper Ad Non-Targeted/Broad Community February 17, 2021 Notice of Funding Availability (NOFA)/Online Project Application Process published in Tampa Bay Times N/A N/A 3 Internet Outreach Non- Targeted/Broad Community February 17, 2021 thru March 18, 2021 Online Project Application Process made available on the City’s website N/A www.myclearwater.com/aff ordablehousing 4 Public Meeting Non- Targeted/Broad Community March 3, 2021 City staff held Subrecipient Grant Application Workshop (i.e., Technical Assistance Meeting) for project applicants; provided information regarding the City’s federally funded programs and application process Attendance noted; see Appendix N/A 5 Internet Outreach Non- Targeted/Broad Community April-May 2021 Notice of NAHAB meetings published online to City’s website and Legistar calendar N/A https://clearwater.legistar.c om/Calendar.aspx City of Clearwater, FL 2021/2022 Annual Action Plan 22 OMB Control No: 2506-0117 (exp. 09/30/2021) Sort Order Mode of Outreach Target of Outreach Summary of response/ attendance Summary of comments received Summary of comments not accepted and reasons URL (If applicable) 6 Public Hearing Non- Targeted/Broad Community April 13, 2021; NAHAB Meeting Applicants presented potential projects to NAHAB and Technical Review Committee All comments recorded; see Appendix for meeting minutes N/A 7 Other (Technical Review Committee Meeting) Other (Technical Review Committee) April 15, 2021 Technical Review Committee met to discuss applications/ presentations Attendance noted; see Appendix N/A 8 Public Hearing Non- Targeted/Broad Community May 11, 2021; NAHAB Meeting Technical Review Committee provided recommendations to NAHAB; NAHAB provided input on project selection/budget allocations All comments recorded; see Appendix for meeting minutes N/A 9 Newspaper Ad Non- Targeted/Broad Community June 9, 2021 Plan summary, notice of 30-day comment period, and notice of public hearings published in Tampa Bay Times N/A N/A 10 Other (30-Day Public Comment Period) Non- Targeted/Broad Community June 13, 2021 thru July 12, 2021 Draft document made available on the City’s website; Comments TBD TBD www.myclearwater.com/aff ordablehousing 11 Public Hearing Non- Targeted/Broad Community July 13, 2021; NAHAB Meeting Public hearing to receive NAHAB input on plan/recommendation TBD N/A 12 Public Hearing Non- Targeted/Broad Community July 15, 2021; City Council Meeting Public hearing to receive City Council input on plan/approval TBD N/A Table 4 – Citizen Participation Outreach City of Clearwater, FL 2021/2022 Annual Action Plan 23 OMB Control No: 2506-0117 (exp. 09/30/2021) EXPECTED RESOURCES AP-15 Expected Resources – 91.220(c)(1,2) INTRODUCTION The Annual Action Plan must identify the federal, state, local, and private resources expected to be available to the City to address the priority needs and goals identified in the Five-Year Consolidated Plan. These resources are summarized in AP-15 (Table 5). The City of Clearwater expects a total entitlement allocation of $922,626 in CDBG funding for the 2021/2022 program year. Program income for CDBG is expected to be approximately $99,100 (including $71,600 from the revolving loan program and $27,500 from other income). Approximately $1,723,692 is expected from prior-year resources to be carried over (including $587,783 from NSP3 conversion to CDBG in 2020). CDBG funds will be used for housing and community development activities including, but not limited to, housing rehabilitation, homebuyer education, public facilities and services, homeless and special needs activities, economic development, and administration of the City’s CDBG program. The City of Clearwater expects a total entitlement allocation of $452,259 in HOME funding for the 2021/2022 program year. Program income from HOME is expected to be approximately $150,000, with approximately $3,358,202 in prior-year resources to be carried-over. HOME funds will be used for housing activities such as housing acquisition or rehabilitation, new construction, down payment assistance, CHDO support, and administration of the City’s HOME program. The 2021/2022 Action Plan represents “Year 2” of the 2020-2024 Consolidated Plan. The expected amount available during the remainder of the Consolidated Plan is based on the Consolidated Plan’s estimated amount remaining for the four-year period (i.e., 2021-2024) minus the expected entitlement allocation and program income for Year 2 (2021/2022). The Annual Action Plan must summarize the City of Clearwater’s priority needs and the specific goals it intends to initiate and/or complete within Year 2 of the Consolidated Plan. These goals must be described in quantitative terms. The City has selected goal outcome indicators and quantities based on the anticipated performance measured of the 2021/2022 Annual Action Plan. See AP-20 (Table 6). City of Clearwater, FL 2021/2022 Annual Action Plan 24 OMB Control No: 2506-0117 (exp. 09/30/2021) ANTICIPATED RESOURCES Program Source of Funds Uses of Funds Expected Amount Available Year 1, Annual Allocation: $ Expected Amount Available Year 1, Program Income: $ Expected Amount Available Year 1, Prior Year Resources: $ Expected Amount Available Year 1, Total: $ Expected Amount Available Remainder of Con Plan $ Narrative Description CDBG Public – Federal Acquisition, Admin and Planning, Economic Development, Housing, Public Improvements, Public Services $922,626 $99,100 $1,723,692 $2,745,418 $2,758,274 The Federal CDBG allocation will be used for housing and community development activities. Funding from other sources may be leveraged against CDBG dollars for public benefit. HOME Public – Federal Acquisition, Homebuyer Assistance, Homeowner Rehab, Multifamily Rental New Construction, Multifamily Rental Rehab, New Construction for Ownership, TBRA $452,259 $150,000 $3,358,202 $3,960,461 $1,421,741 The Federal HOME allocation will used for housing activities. Funding from other sources may be leveraged against HOME dollars for public benefit. SHIP Public - State Acquisition, Homebuyer Assistance, Homeowner Rehab, Multifamily Rental New Construction, Multifamily Rental Rehab, New Construction for Ownership, TBRA $779,230 $120,000 $203,000 $1,102,230 $1,580,770 The State SHIP allocation will be used to match federal funding for housing activities. Table 5 – Expected Resources – Priority Table *HUD 2021 Formula Allocation Notes: Program income amounts are estimated amounts and actual amounts may differ if larger sums are received from loan payoffs. Prior year resource amounts were estimated based on activities to be encumbered by the end of September 2021. These amounts will be updated during the 2021 program year close-out. City of Clearwater, FL 2021/2022 Annual Action Plan 25 OMB Control No: 2506-0117 (exp. 09/30/2021) EXPLAIN HOW FEDERAL FUNDS WILL LEVERAGE THOSE ADDITIONAL RESOURCES (PRIVATE, STATE, AND LOCAL FUNDS), INCLUDING A DESCRIPTION OF HOW MATCHING REQUIREMENTS WILL BE SATISFIED Other resources, such as private and non-federal public sources may become available to the City of Clearwater during the program year. For CDBG leveraging, these resources may include funding from State Housing Initiatives Partnership (SHIP), Community Redevelopment Agency (CRA), City departments (e.g., Engineering, Parks and Recreation, etc.), non-profit public facility or service providers, or other sources. The City will also look to leverage funds, if available, from lending institutions, homeowner contributions, SHIP, Community Housing Development Organizations (CHDOs), Public Housing Authority (PHA), and other housing partners/agencies against HOME dollars. The City shall assure that HUD requirements as they relate to non-Federal share will be utilized as referenced in 24 CFR 570.201(3)(g) for any project in which CDBG or HOME funding is used as the non-federal match. In the future, the City will continue to aggressively pursue funding from private, public, and federal sources to address housing and community development needs. City of Clearwater, FL 2021/2022 Annual Action Plan 26 OMB Control No: 2506-0117 (exp. 09/30/2021) IF APPROPRIATE, DESCRIBE PUBLICLY OWNED LAND OR PROPERTY LOCATED WITHIN THE JURISDICTION THAT MAY BE USED TO ADDRESS THE NEEDS IDENTIFIED IN THE PLAN The City of Clearwater owns properties within low- and moderate-income areas of its jurisdiction. The City also maintains an “Affordable Housing Inventory List” that is updated periodically by City resolution. As of the most recent iteration, Resolution No. 19-10, there are 19 properties on this list. These properties are vacant and located on the following streets: Martin Luther King, Jr. Ave., La Salle St. (2), Monroe Ave., Palm Bluff St., Nicholson St., Tafft Ave., N. Garden Dr., N. Madison Ave., S. Washington Ave., Grant St. (3), Marshall St., Vine Ave., Pierce St. (2), Pennsylvania Ave., N. Martin Luther King Jr. Blvd. As part of the City’s reporting for the SHIP program, the City’s Affordable Housing Advisory Committee (AHAC) regularly reviews this list for opportunities to support affordable housing production in coordination with local developers and other housing partners/agencies. The 19 properties on the list represent twelve development opportunities. Six sites have been donated for development of affordable housing and four sites are currently included in plans for development of affordable housing. DISCUSSION The City Clearwater’s anticipated funding allocation from CDBG and HOME will address many of the City’s goals, including those pertaining to housing, homelessness, non-homeless special needs, community development and public services, and economic development. Program administration activities, though not part of the application process, will also be funded. No activities pertaining to emergency/disaster response are included in the second-year Action Plan; however, this goal is reserved for future unforeseen needs should they arise. The City is fortunate to have a network of public service providers and partner agencies to help address these goals through financial leveraging with non-federal sources such as SHIP and other private, public, and federal sources. City of Clearwater, FL 2021/2022 Annual Action Plan 27 OMB Control No: 2506-0117 (exp. 09/30/2021) ANNUAL GOALS AND OBJECTIVES AP-20 Annual Goals and Objectives GOALS SUMMARY INFORMATION Continued next page. City of Clearwater, FL 2021/2022 Annual Action Plan 28 OMB Control No: 2506-0117 (exp. 09/30/2021) Sort Order Goal Name Start Year End Year Category Geographic Area Needs Addressed Funding Goal Outcome Indicator 1 Program Administration 2021 2022 Other (Administration) Citywide Low- and Moderate-Income Areas Program Administration CDBG: $184,525; HOME: $55,025; SHIP: $86,173 Other: 0 Other 2 Housing 2021 2022 Affordable Housing; Public Housing Citywide Low- and Moderate-Income Areas; North Greenwood NRSA Housing Rehabilitation (Owner and Rental); Housing New Construction (Owner and Rental); Homeowner Assistance CDBG: $1,062,988; HOME: $3,905,436; SHIP: $1,016,057 Public service activities for Low/Moderate Income Housing Benefit: 172 Households Assisted; Rental units constructed: 111 Household/Housing Unit; Rental units rehabilitated: 12 Household/Housing Unit; Homeowner Housing Added: 14 Household/Housing Unit; Homeowner housing rehabilitated: 5 Household/Housing Unit; Direct Financial Assistance to Homebuyers: 32 Households Assisted City of Clearwater, FL 2021/2022 Annual Action Plan 29 OMB Control No: 2506-0117 (exp. 09/30/2021) Sort Order Goal Name Start Year End Year Category Geographic Area Needs Addressed Funding Goal Outcome Indicator 3 Homelessness 2021 2022 Homeless Citywide Low- and Moderate-Income Areas; North Greenwood NRSA; Lake Bellevue NRSA; Downtown Gateway District NRSA Facilities/Services for Homeless Youth/Aging Out; Facilities/Services for Homeless Adults & Families; Case Management; Nutrition/Food Services; Employment Assistance/Job Training CDBG: $307,635 Public Facility or Infrastructure Activities other than Low/Moderate Income Housing Benefit: 622 Persons Assisted; Public service activities other than Low/Moderate Income Housing Benefit: 234 Persons Assisted 4 Non-Homeless Special Needs 2021 2022 Non-Homeless Special Needs Citywide Low- and Moderate-Income Areas Behavioral/Mental Health/Substance Abuse Services; Facilities/Services for Seniors/Elderly; Facilities/Services for Persons with Disabilities; Case Management CDBG: $131,120 Public Facility or Infrastructure Activities other than Low/Moderate Income Housing Benefit: 10,782 Persons Assisted; Public service activities other than Low/Moderate Income Housing Benefit: 829 Persons Assisted 5 Community Development and Public Services 2021 2022 Non-Housing Community Development Citywide Low- and Moderate-Income Areas; North Greenwood NRSA; Downtown Gateway District NRSA Facilities/Services for Youth; Legal Services; Community Resource & One-Stop Referral Centers; Community Building/Facility Rehab/Retrofit; Code Enforcement/Blight Elimination; Case Management; Employment Assistance/Job Training CDBG: $595,614 Public Facility or Infrastructure Activities other than Low/Moderate Income Housing Benefit: 2,701 Persons Assisted; Public service activities other than Low/Moderate Income Housing Benefit: 186 Persons Assisted; Buildings Demolished: 1 Buildings City of Clearwater, FL 2021/2022 Annual Action Plan 30 OMB Control No: 2506-0117 (exp. 09/30/2021) Sort Order Goal Name Start Year End Year Category Geographic Area Needs Addressed Funding Goal Outcome Indicator 6 Economic Development 2021 2022 Non-Housing Community Development Citywide Low- and Moderate-Income Areas; North Greenwood NRSA; Lake Bellevue NRSA; Downtown Gateway NRSA Building Facade Improvements; Economic Opportunity/Business Assistance CDBG: $463,536 Facade treatment/business building rehabilitation: 4 Business; Businesses assisted: 80 Businesses Assisted 7 Emergency/ Disaster Response 2021 2022 Other (Emergency/ Disaster Response) Citywide Low- and Moderate-Income Areas Emergency/Disaster Response (TBD) based on urgent Need CDBG - $0; HOME - $0 Other: 0 (N/A) Table 6 – Goals Summary *Note: Includes funding from CDBG Revolving Loan Fund City of Clearwater, FL 2021/2022 Annual Action Plan 31 OMB Control No: 2506-0117 (exp. 09/30/2021) GOAL DESCRIPTIONS Sort Order 1 Goal Name Program Administration Goal Description Administer the City of Clearwater’s federally funded grant programs to implement the goals of the Five-Year Consolidated Plan. | CDBG - $184,525 | HOME - $55,025 | SHIP - $86,173 Sort Order 2 Goal Name Housing Goal Description Provide availability of and accessibility to decent affordable housing for the residents of the City of Clearwater. | CDBG - $1,062,988* (See note below) | HOME - $3,905,436 | SHIP - $1,016,057 Sort Order 3 Goal Name Homelessness Goal Description Help to prevent and reduce homelessness within the City of Clearwater. | CDBG - $307,635 Sort Order 4 Goal Name Non-Homeless Special Needs Goal Description Expand the accessibility and coordination of social services to City of Clearwater special needs populations. | CDBG - $131,120 Sort Order 5 Goal Name Community Development and Public Services Goal Description Enhance the living environment for persons in low- and moderate-income areas through community development activities, public service programs, and elimination of blight. | CDBG - $595,614 Sort Order 6 Goal Name Economic Development Goal Description Support programs that create economic opportunities in the City of Clearwater, particularly for persons of low and moderate income and in Neighborhood Revitalization Strategy Areas (NRSAs). | CDBG - $463,536 Sort Order 7 Goal Name Emergency/Disaster Response Goal Description Provide assistance prior to, during, and after a community emergency and/or disaster event to prepare for and/or mitigate loss, protect during and event, and aid with recovery. | CDBG - $0 | HOME - $0 [Priority needs to be determined (TBD) based on urgent need.] *Note: Includes funds in Revolving Loan Program (CDBG) City of Clearwater, FL 2021/2022 Annual Action Plan 32 OMB Control No: 2506-0117 (exp. 09/30/2021) ESTIMATE THE NUMBER OF EXTREMELY LOW-INCOME, LOW-INCOME, AND MODERATE-INCOME FAMILIES TO WHOM THE JURISDICTION WILL PROVIDE AFFORDABLE HOUSING AS DEFINED BY HOME 91.215(B) Through the available CDBG and HOME funding for the 2021/2022 program year, the City will provide affordable housing activities to support approximately 174 low- and moderate-income households. Activities to support low- and moderate-income households will include housing rehabilitation, new construction, and down payment assistance. Additionally, the City will fund public service activities to support 172 households through homebuyer education and counseling toward homeownership. City of Clearwater, FL 2021/2022 Annual Action Plan 33 OMB Control No: 2506-0117 (exp. 09/30/2021) PROJECTS AP-35 Projects – 91.220(d) INTRODUCTION The City’s planned actions for the 2021/2022 Action Plan are intended to support housing and community development for the City’s low- and moderate-income, homeless, and special needs populations. The City will continue to operate its CDBG and HOME programs through the Economic Development and Housing Department, which will continue to provide funding for housing rehabilitation, housing construction, and homeownership assistance. These actions will further the goal of improving the availability of and accessibility to affordable housing in Clearwater. As in the past, the City will continue to coordinate with housing and public service providers to address the needs of homeless and non-homeless special needs populations generally assumed to be low- and moderate-income. During the 2021/2022 program year, the City will fund activities that provide public services to the homeless and those at risk of becoming homeless, the elderly, persons with disabilities, persons with mental health or substance abuse challenges, and youth and families of low- and moderate-income. Planned community development activities include improvements to public facilities that serve these populations and economic development activities that support business assistance and building façade improvements. The City’s planned actions for the 2021/2022 Action Plan are summarized in AP-35 and AP-38 (see Table 7 and Table 8). City of Clearwater, FL 2021/2022 Annual Action Plan 34 OMB Control No: 2506-0117 (exp. 09/30/2021) PROJECTS Sort Order Project Name 1 City of Clearwater – CDBG General Administration/Planning 2 City of Clearwater – HOME General Administration/Planning 3 City of Clearwater – Administration from Program Income 4 City of Clearwater – SHIP General Administration/Planning 5 Bright Community Trust – DPA/Loan Processing 6 Bright Community Trust – Homebuyer Education 7 Clearwater Neighborhood Housing Services – DPA/Loan Processing 8 Clearwater Neighborhood Housing Services – Homebuyer Education 9 Tampa Bay CDC – DPA/Loan Processing 10 Tampa Bay CDC – Homebuyer Education 11 Blue Sky – 610 Franklin St. 12 Washington Street Development 13 Owner-Occupied Rehabilitation 14 Owner-Occupied Land Acquisition 15 Owner-Occupied New Construction 16 Multi-Family Rehabilitation 17 Multi-Family Land Acquisition 18 Multi-Family New Construction 19 Down Payment Assistance – Existing Homes 20 Down Payment Assistance – Newly Constructed Homes 21 CHDO Set-Aside – FY 21-22 22 Homeless Emergency Project – Affordable Supportive Housing Upgrades 23 Kimberly Home – Resident Advisor Salary Support 24 St. Vincent de Paul – Community Kitchen and Resource Center (Services) 25 St. Vincent de Paul – Community Kitchen and Resource Center (Facilities) 26 HOPE Villages of America – Grace House (Services) 27 HOPE Villages of America – Grace House (Facilities, Renovation/Expansion) 28 Directions for Living 29 Pinellas Opportunity Council – Chore Services 30 WestCare Gulfcoast Florida – Turning Point 31 Clearwater Neighborhood Housing Services – Business Center Roof/Improvements 32 Gulf Coast Legal Services 33 InterCultural Advocacy Institute – Youth Leadership 34 Clearwater MLK Jr. Neighborhood Center (Facilities, Rehabilitation) 35 Pinellas Ex-Offender Re-Entry Coalition (Services) 36 Pinellas Ex-Offender Re-Entry Coalition (Facilities, Resource Center Upgrades) 37 Property Acquisition and Demolition – Slum/Blight Removal 38 R’Club – Breeden Early Learning Academy Renovations 39 R’Club – Gateway Early Learning Academy Renovations 40 Façade Improvement Program 41 Hispanic Business Initiative Fund of Florida (Prospera) – Microenterprise Assistance 42 Tampa Bay Black Business Investment Corp. – Microenterprise Assistance 43 TBD – Economic Development Activities Table 7 – Project Information City of Clearwater, FL 2021/2022 Annual Action Plan 35 OMB Control No: 2506-0117 (exp. 09/30/2021) DESCRIBE THE REASONS FOR ALLOCATION PRIORITIES AND ANY OBSTACLES TO ADDRESSING UNDERSERVED NEEDS The allocation priorities are focused on six (6) goals from the Consolidated Plan: program administration, housing, homelessness, non-homeless special needs, community development and public services, and economic development. No funding was allocated to emergency/disaster response; however, this goal is reserved for unforeseen urgent need activities. It is important to note that total funding for public services is capped at 15% of the total CDBG allocation. Total funding for activities related to administration is capped at 20% for CDBG and 10% for HOME. Strategic Plan Goal CDBG + HOME (% of Total Funding)* Program Administration $239,550 (3.6%) Housing $4,968,424 (74.1%) Homelessness $307,635 (4.6%) Non-Homeless Special Needs $131,120 (2.0%) Community Development and Public Services $595,614 (8.9%) Economic Development $463,536 (6.9%) Emergency/Disaster Response $0 (0.0%) TOTAL $6,705,879 *Includes program income and prior year resources. Excludes SHIP (State) resources. Percentages may not equal 100% due to rounding. The “Great Recession” reduced revenues for all levels of government (federal, state, and local). Reduced revenues have hindered the City’s ability to meet the needs of low- and moderate-income, homeless, and special needs populations. More recently, the COVID-19 pandemic further increased the needs of lower income residents. Combined, these events have generally increased the demand for public services, which places additional burden on public service agencies within the City. Although HUD previously waived public service and administration caps for some federally funded programs, these served as only temporary solutions to ongoing economic obstacles for lower income residents. In Clearwater, the lack of available land and rapidly rising housing prices will continue to be an obstacle to affordable housing. Rapidly rising housing prices will also increase the need for affordable rental units for households priced out of the owner market. Affordable rental development projects are needed to offset the large proportion of high-end apartment complexes in the City. City of Clearwater, FL 2021/2022 Annual Action Plan 36 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-38 Project Summary PROJECT SUMMARY INFORMATION Sort Order 1 Project Name City of Clearwater – CDBG General Administration/Planning Target Area Citywide Low- and Moderate-Income Areas Goals Supported Program Administration Needs Addressed Program Administration Funding CDBG: $184,525 Description Administration of CDBG program. Target Date 9/30/2022 Estimate the number and type… Other: 0 other Location Description Citywide Planned Activities Administration of CDBG program Sort Order 2 Project Name City of Clearwater – HOME General Administration/Planning Target Area Citywide Low- and Moderate-Income Areas Goals Supported Program Administration Needs Addressed Program Administration Funding HOME: $45,225 Description Administration of HOME program. Target Date 9/30/2022 Estimate the number and type… Other: 0 other Location Description Citywide Planned Activities Administration of HOME program Sort Order 3 Project Name City of Clearwater – Administration from Program Income Target Area Citywide Low- and Moderate-Income Areas Goals Supported Program Administration Needs Addressed Program Administration Funding HOME: $9,800; SHIP: $8,250 Description Administration of HOME program; funding from program income. Target Date 9/30/2022 Estimate the number and type… Other: 0 other Location Description Citywide Planned Activities Program administration Sort Order 4 Project Name City of Clearwater – SHIP General Administration/Planning Target Area Citywide Low- and Moderate-Income Areas City of Clearwater, FL 2021/2022 Annual Action Plan 37 OMB Control No: 2506-0117 (exp. 09/30/2021) Goals Supported Program Administration Needs Addressed Program Administration Funding SHIP: $77,923 Description Administration of SHIP program. Target Date 9/30/2022 Estimate the number and type… Other: 0 other Location Description Citywide Planned Activities Program administration Sort Order 5 Project Name Bright Community Trust – DPA/Loan Processing Target Area Citywide Low- and Moderate-Income Areas Goals Supported Housing Needs Addressed Homeowner Assistance Funding HOME: $7,875; SHIP: $2,625 Description Funding provided for Down Payment Assistance loan processing services for qualified low- to moderate-income homebuyers. Target Date 9/30/2022 Estimate the number and type… Direct Financial Assistance to Homebuyers: 6 households assisted Location Description 2561 Nursery Rd., Suite D, Clearwater, FL 33764 Planned Activities Down Payment Assistance program/administration Sort Order 6 Project Name Bright Community Trust – Homebuyer Education Target Area Citywide Low- and Moderate-Income Areas Goals Supported Housing Needs Addressed Homeowner Assistance Funding CDBG: $15,000 Description Funding provided for homeownership education and counseling for low- to moderate-income households. Target Date 9/30/2022 Estimate the number and type… Public Service Activities for Low/Moderate Income Housing Benefit: 10 households assisted Location Description 2561 Nursery Rd., Suite D, Clearwater, FL 33764 Planned Activities Homeownership education and counseling Sort Order 7 Project Name Clearwater Neighborhood Housing Services – DPA/Loan Processing Target Area Citywide Low- and Moderate-Income Areas; North Greenwood NRSA Goals Supported Housing Needs Addressed Homeowner Assistance Funding HOME: $7,875; SHIP: $2,625 Description Funding provided for Down Payment Assistance loan processing services for qualified low- to moderate-income homebuyers. Target Date 9/30/2022 City of Clearwater, FL 2021/2022 Annual Action Plan 38 OMB Control No: 2506-0117 (exp. 09/30/2021) Estimate the number and type… Direct Financial Assistance to Homebuyers: 6 households assisted Location Description 608 N. Garden Ave., Clearwater, FL 33755 Planned Activities Down Payment Assistance program/administration Sort Order 8 Project Name Clearwater Neighborhood Housing Services – Homebuyer Education Target Area Citywide Low- and Moderate-Income Areas; North Greenwood NRSA Goals Supported Housing Needs Addressed Homeowner Assistance Funding CDBG: $15,000 Description Funding provided for homeownership education and counseling for low- to moderate-income households. Target Date 9/30/2022 Estimate the number and type… Public Service Activities for Low/Moderate Income Housing Benefit: 92 households assisted Location Description 608 N. Garden Ave., Clearwater, FL 33755 Planned Activities Homeownership education and counseling Sort Order 9 Project Name Tampa Bay CDC – DPA/Loan Processing Target Area Citywide Low- and Moderate-Income Areas Goals Supported Housing Needs Addressed Homeowner Assistance Funding HOME: $7,875; SHIP: $2,625 Description Funding provided for Down Payment Assistance loan processing services for qualified low- to moderate-income homebuyers. Target Date 9/30/2022 Estimate the number and type… Direct Financial Assistance to Homebuyers: 6 households assisted Location Description 2139 NE Coachman Rd., Clearwater, FL 33765 Planned Activities Down Payment Assistance program/administration Sort Order 10 Project Name Tampa Bay CDC – Homebuyer Education Target Area Citywide Low- and Moderate-Income Areas Goals Supported Housing Needs Addressed Homeowner Assistance Funding CDBG: $15,000 Description Funding provided for homeownership education and counseling for low- to moderate-income households. Target Date 9/30/2022 Estimate the number and type… Public Service Activities for Low/Moderate Income Housing Benefit: 70 households assisted Location Description 2139 NE Coachman Rd., Clearwater, FL 33765 Planned Activities Homeownership education and counseling Sort Order 11 City of Clearwater, FL 2021/2022 Annual Action Plan 39 OMB Control No: 2506-0117 (exp. 09/30/2021) Project Name Blue Sky – 610 Franklin St. Target Area Citywide Low- and Moderate-Income Areas Goals Supported Housing Needs Addressed Housing New Construction (Owner and Rental) Funding HOME: $610,000 Description New construction of 81 rental units; all units under 80% AMI. Target Date 9/30/2022 Estimate the number and type… Rental Units Constructed: 81 household/housing unit Location Description 610 Franklin St., Clearwater, FL 33756 Planned Activities Construction of 81-unit project to supply affordable housing for rental Sort Order 12 Project Name Washington Street Development Target Area Citywide Low- and Moderate-Income Areas Goals Supported Housing Needs Addressed Housing New Construction (Owner and Rental) Funding HOME: $880,000 Description New construction of 11 rental units; all under 80% AMI Target Date 9/30/2022 Estimate the number and type… Rental Units Constructed: 11 household/housing unit Location Description Washington St., Clearwater, FL Planned Activities Construction of 171-unit mixed-income project to supply affordable housing for rental; 17 units will be under 80% AMI, of which 11 will be funded by HOME program Sort Order 13 Project Name Owner-Occupied Rehabilitation Target Area Citywide Low- and Moderate-Income Areas Goals Supported Housing Needs Addressed Housing Rehabilitation (Owner and Rental) Funding CDBG (RLF): $322,263; HOME: $100,000; SHIP: $110,000 [Federal Total: $422,263] Description Funds provided as loans to homeowners for rehabilitation housing activities. Target Date 9/30/2022 Estimate the number and type… Homeowner Housing Rehabilitated: 5 household/housing unit Location Description Citywide Planned Activities Homeowner housing rehabilitation Sort Order 14 Project Name Owner-Occupied Land Acquisition Target Area Citywide Low- and Moderate-Income Areas Goals Supported Housing Needs Addressed Housing New Construction (Owner and Rental) Funding CDBG (RLF): $210,725; HOME: $100,000; SHIP: $60,000 [Federal Total: $310,725] Description Funds provided as loans for land acquisition to construct single-family homes. Target Date 9/30/2022 City of Clearwater, FL 2021/2022 Annual Action Plan 40 OMB Control No: 2506-0117 (exp. 09/30/2021) Estimate the number and type… Homeowner Housing Added: 8 household/housing unit Location Description Citywide Planned Activities Land acquisition and related activities (e.g., site clearing/demolition, etc.) for new construction. Sort Order 15 Project Name Owner-Occupied New Construction Target Area Citywide Low- and Moderate-Income Areas Goals Supported Housing Needs Addressed Housing New Construction (Owner and Rental) Funding HOME: $442,839; SHIP: $216,956 [Federal Total: $442,839] Description Funds provided as loans for construction of single-family homes. Target Date 9/30/2022 Estimate the number and type… Homeowner Housing Added: 4 household/housing unit Location Description Citywide Planned Activities New construction Sort Order 16 Project Name Multi-Family Rehabilitation Target Area Citywide Low- and Moderate-Income Areas Goals Supported Housing Needs Addressed Housing Rehabilitation (Owner and Rental) Funding CDBG (RLF): $385,000; HOME: $375,000; SHIP: $210,000 [Federal Total: $760,000] Description Funds provided as loans for the rehabilitation of multi-family housing. Target Date 9/30/2022 Estimate the number and type… Rental Units Rehabilitated: 12 household/housing unit Location Description Citywide Planned Activities Rental housing rehabilitation Sort Order 17 Project Name Multi-Family Land Acquisition Target Area Citywide Low- and Moderate-Income Areas Goals Supported Housing Needs Addressed Housing New Construction (Owner and Rental) Funding CDBG (RLF): $100,000; HOME: $357,384; SHIP: $60,000 [Federal Total: $457,384] Description Funds provided as loans for land acquisition to construct multi-family units. Target Date 9/30/2022 Estimate the number and type… Rental Units Constructed: 9 household/housing unit Location Description Citywide Planned Activities Land acquisition and related activities (e.g., site clearing/demolition, etc.) for new construction. Sort Order 18 Project Name Multi-Family New Construction City of Clearwater, FL 2021/2022 Annual Action Plan 41 OMB Control No: 2506-0117 (exp. 09/30/2021) Target Area Citywide Low- and Moderate-Income Areas Goals Supported Housing Needs Addressed Housing New Construction (Owner and Rental) Funding HOME: $375,000; SHIP: $206,851 [Total Federal: $375,000] Description Funds provided as loans for construction of multi-family units. Target Date 9/30/2022 Estimate the number and type… Rental Units Constructed: 10 household/housing unit Location Description Citywide Planned Activities New construction Sort Order 19 Project Name Down Payment Assistance – Existing Homes Target Area Citywide Low- and Moderate-Income Areas Goals Supported Housing Needs Addressed Homeowner Assistance Funding HOME: $337,500; SHIP: $84,375 [Total Federal: $337,500] Description Funds to sponsor the processing of down payment assistance loans to eligible households. Target Date 9/30/2022 Estimate the number and type… Direct Financial Assistance to Homebuyers: 8 households assisted Location Description Citywide Planned Activities Down Payment Assistance program/administration (City-administered, existing homes) Sort Order 20 Project Name Down Payment Assistance – Newly Constructed Homes Target Area Citywide Low- and Moderate-Income Areas Goals Supported Housing Needs Addressed Homeowner Assistance Funding HOME: $236,250; SHIP: $60,000 [Total Federal: $236,250] Description Funds to sponsor the processing of down payment assistance loans to eligible households. Target Date 9/30/2022 Estimate the number and type… Direct Financial Assistance to Homebuyers: 6 households assisted Location Description Citywide Planned Activities Down Payment Assistance program/administration (City-administered, newly constructed homes) Sort Order 21 Project Name CHDO Set-Aside – FY 21-22 Target Area Citywide Low- and Moderate-Income Areas Goals Supported Housing Needs Addressed Housing New Construction (Owner and Renter) Funding HOME: $67,838 City of Clearwater, FL 2021/2022 Annual Action Plan 42 OMB Control No: 2506-0117 (exp. 09/30/2021) Description Community Housing Development Organization (CHDO) Set-Aside. Funds mandated to local CHDO to carry out housing activities. Target Date 9/30/2022 Estimate the number and type… Homeowner Housing Added: 2 household/housing unit Location Description Citywide Planned Activities CHDO Set-Aside Sort Order 22 Project Name Homeless Emergency Project – Affordable Supportive Housing Upgrades Target Area North Greenwood NRSA Goals Supported Homelessness Needs Addressed Facilities/Services for Homeless Adults & Families Funding CDBG: $61,588 Description Public facility improvements to Homeless Emergency Project, Inc. (H.E.P.) affordable housing apartments that provide permanent supportive housing for homeless individuals with disabilities, including Veterans. Target Date 9/30/2022 Estimate the number and type… Public Facility or Infrastructure Activities other than Low/Moderate Income Housing Benefit: 32 persons assisted Location Description 1211 & 1215 N. Betty Ln., Clearwater, FL 33755 Planned Activities These improvements include: 1) installation of impact windows, and 2) stucco/drywall repairs. Sort Order 23 Project Name Kimberly Home – Resident Advisor Salary Support Target Area Citywide Low- and Moderate-Income Areas Goals Supported Homelessness Needs Addressed Facilities/Services for Homeless Youth/Aging Out; Facilities/Services for Homeless Adults & Families; Case Management Funding CDBG: $22,722 Description Funding provided for a Resident Advisor to support the Transitional Housing Program. Target Date 9/30/2022 Estimate the number and type… Public Service Activities other than Low/Moderate Income Housing Benefit: 38 persons assisted Location Description 1189 NE Cleveland St., Clearwater, FL 33755 Planned Activities Funding is for the salary of the Resident Advisor, salary expenses, and cell phone, as well as housing expenses necessary to provide on-site 24/7 support for residents. Sort Order 24 Project Name St. Vincent de Paul – Community Kitchen and Resource Center (Services) Target Area Downtown Gateway District NRSA Goals Supported Homelessness Needs Addressed Facilities/Services for Homeless Adults & Families; Case Management; Nutrition/Food Services Funding CDBG: $19,213 City of Clearwater, FL 2021/2022 Annual Action Plan 43 OMB Control No: 2506-0117 (exp. 09/30/2021) Description Funding provided for case management services to support the Community Kitchen Program to ensure long-term success for clients who are seeking opportunities for self-sufficiency. Target Date 9/30/2022 Estimate the number and type… Public Service Activities other than Low/Moderate Income Housing Benefit: 96 persons assisted Location Description 1345 Park St., Clearwater, FL 33756 Planned Activities Funds utilized for salary support of a Case Manager collaboratively with PERC in support of clients from both the Community Kitchen Program at SVdP and the participants of the STARS program of PERC. The mission of the St. Vincent de Paul Community Kitchen and Resource Center is to provide those in need solace, meals, and services in an environment that fosters self-sufficiency. Sort Order 25 Project Name St. Vincent de Paul – Community Kitchen and Resource Center (Facilities) Target Area Downtown Gateway District NRSA Goals Supported Homelessness Needs Addressed Facilities/Services for Homeless Adults & Families Funding CDBG: $84,530 Description Rehabilitation of the Community Kitchen and Resource Center Target Date 9/30/2022 Estimate the number and type… Public Facility or Infrastructure Activities other than Low/Moderate Income Housing Benefit: 490 persons assisted Location Description 1345 Park St., Clearwater, FL 33756 Planned Activities These improvements include: 1) Renovation/expansion of client services office, 2) Renovation of bathrooms, 3) Architect's drawings, 4) Replacement of entry/exit doors to dining area, and 5) Renovation of kitchen. Sort Order 26 Project Name HOPE Villages of America – Grace House (Services) Target Area Lake Bellevue NRSA Goals Supported Homelessness Needs Addressed Facilities/Services for Homeless Adults & Families; Case Management; Employment Assistance/Job Training Funding CDBG: $21,582 Description Funding provided for case management to provide emergency shelter and supportive services for parents and children at Grace House. Target Date 9/30/2022 Estimate the number and type… Public Service Activities other than Low/Moderate Income Housing Benefit: 100 persons assisted Location Description 1552 S Myrtle Ave., Clearwater, FL 33756 Planned Activities This includes providing housing to families facing homelessness, supplying participants with basic needs to allow them to save money for permanent housing. Grace House case management staff provides status assessment of each new family, including evaluating all root causes of homelessness, building relationships of trust, and guiding them to increased self-sufficiency; and provides resource coordination City of Clearwater, FL 2021/2022 Annual Action Plan 44 OMB Control No: 2506-0117 (exp. 09/30/2021) and job search/job preparation assistance so participants can secure gainful employment to stay stably housed once they leave the shelter. Sort Order 27 Project Name HOPE Villages of America – Grace House (Facilities, Renovation/Expansion) Target Area Lake Bellevue NRSA Goals Supported Homelessness Needs Addressed Facilities/Services for Homeless Adults & Families Funding CDBG: $98,000 Description Renovation and expansion of HVA Grace House to increase available emergency shelter and affordable housing options for homeless and recently homeless families. Target Date 9/30/2022 Estimate the number and type… Public Facility or Infrastructure Activities other than Low/Moderate Housing Benefit: 100 persons assisted Location Description 1552 S Myrtle Ave., Clearwater, FL 33756 Planned Activities These improvements include: 1) addition of a second story (6 apartments) to one of two residential living structures, and 2) demolition of existing office structure (not to code) and expansion of residential structure to include new office, learning/classroom, and storage spaces. Sort Order 28 Project Name Directions for Living Target Area Citywide Low- and Moderate-Income Areas Goals Supported Non-Homeless Special Needs Needs Addressed Behavioral/Mental Health Services & Substance Abuse Services; Facilities/Services for Persons with Disabilities Funding CDBG: $83,398 Description Exterior safety and security improvements at Clearwater Center Headquarters of Directions for Living. Target Date 9/30/2022 Estimate the number and type… Public Facility or Infrastructure Activities other than Low/Moderate Income Housing Benefit: 10,782 persons assisted Location Description 1437 S Belcher Rd., Clearwater, FL 33764 Planned Activities These improvements include: 1) installing ADA-compliant automatic entry doors, 2) improving the exterior lighting around the building and walkways, and 3) installing exterior security video surveillance cameras. Sort Order 29 Project Name Pinellas Opportunity Council – Chore Services Target Area Citywide Low- and Moderate-Income Areas Goals Supported Non-Homeless Special Needs Needs Addressed Facilities/Services for Seniors/Elderly Funding CDBG: $25,000 Description Funding provided for salary support for the Chore Services Program. Target Date 9/30/2022 Estimate the number and type… Public Service Activities other than Low/Moderate Income Housing Benefit: 29 persons assisted City of Clearwater, FL 2021/2022 Annual Action Plan 45 OMB Control No: 2506-0117 (exp. 09/30/2021) Location Description 4039 8th Ave S., St Petersburg, FL 33711 (Citywide/Clearwater) Planned Activities Salary support for the Chore Services Program that provides senior services such as heavy household cleaning, yard work, and minor repairs Sort Order 30 Project Name WestCare Gulfcoast Florida – Turning Point Target Area Citywide Low- and Moderate-Income Areas Goals Supported Non-Homeless Special Needs Needs Addressed Behavioral/Mental Health Services & Substance Abuse Services; Case Management Funding CDBG: $22,722 Description Funding provided for case management services at the Turning Point facility, an inebriate shelter. Target Date 9/30/2022 Estimate the number and type… Public Service Activities other than Low/Moderate Income Benefit: 800 persons assisted Location Description 1801 5th Ave N., St Petersburg, FL 33713 (Citywide/Clearwater) Planned Activities Case management services Sort Order 31 Project Name Clearwater Neighborhood Housing Services – Business Center Roof/Improvements Target Area North Greenwood NRSA Goals Supported Community Development & Public Services Needs Addressed Community Building/Facility Rehab/Retrofit Funding CDBG: $55,500 Description Replacement of failing roof at the CNHS Business Center. Target Date 9/30/2022 Estimate the number and type… Public Facility or Infrastructure Activities other than Low/Moderate Income Housing Benefit: 96 persons assisted Location Description 1045 N Martin Luther King Jr Ave., Clearwater, FL 33755 Planned Activities The main tenant is a Head Start Program agency. The agency is a child development and learning facility that offers a comprehensive child development program designed to support children who belong to families with limited income. The program provides services that include education, health, nutrition, and other social services that contribute to children's well-being. The new roof will create a better environment for the children and staff of the agency and allow the organization to continue to provide uninterrupted services to the children in the North Greenwood community who receive services at this Head Start Program. Sort Order 32 Project Name Gulf Coast Legal Services Target Area Citywide Low- and Moderate-Income Areas Goals Supported Community Development & Public Services Needs Addressed Legal Services Funding CDBG: $24,969 Description Funding provided for salary support for a housing attorney, paralegal, supervising attorney, and financial stability attorney to provide legal services under the Housing Legal Services Program. This includes operating expenses associated with the FTEs assigned to the program. City of Clearwater, FL 2021/2022 Annual Action Plan 46 OMB Control No: 2506-0117 (exp. 09/30/2021) Target Date 9/30/2022 Estimate the number and type… Public Service Activities other than Low/Moderate Income Housing Benefit: 30 persons assisted Location Description 501 1st Ave. N., Suite 420, St. Petersburg, FL 33701 (Citywide/Clearwater) Planned Activities Salary support for Housing Legal Services Program that provides legal services Sort Order 33 Project Name InterCultural Advocacy Institute – Youth Leadership Target Area Citywide Low- and Moderate-Income Areas Goals Supported Community Development & Public Services Needs Addressed Facilities/Services for Youth Funding CDBG: $25,000 Description Funding provided for salary support for a Family Facilitator, Family Support Specialist, driver, Family and Administrative Support, and Student Support for the Youth Leaders Partnership Program. Target Date 9/30/2022 Estimate the number and type… Public Service Activities other than Low/Moderate Income Housing Benefit: 60 persons assisted Location Description 612 Franklin St., Clearwater, FL 33756 Planned Activities Salary support for Youth Leaders Partnership Program that provides youth services Sort Order 34 Project Name Clearwater MLK Jr. Neighborhood Center (Facilities, Rehabilitation) Target Area North Greenwood NRSA Goals Supported Community Development & Public Services Needs Addressed Community Building/Facility Rehab/Retrofit Funding CDBG: $93,000 Description Rehabilitation of the community center. Target Date 9/30/2022 Estimate the number and type… Public Facility or Infrastructure Activities other than Low/Moderate Income Housing Benefit: 2,300 persons assisted Location Description 1201 Douglas Ave., Clearwater, FL 33755 Planned Activities These improvements include: roof resurfacing to eliminate leaks in the facility roof, replacing two roof-top air conditioning units that service the rear and side office/work areas to make the space serviceable for participants, rehabilitate the main women's bathroom, and replace interior ceiling grids and tiles damaged by leaks. Sort Order 35 Project Name Pinellas Ex-Offender Re-Entry Coalition (Services) Target Area Downtown Gateway District NRSA Goals Supported Community Development & Public Services Needs Addressed Case Management; Employment Assistance/Job Training Funding CDBG: $20,352 Description Funding provided for case management services to support the Success Training and Retention Services (STARS) Program for job training and placement. Target Date 9/30/2022 City of Clearwater, FL 2021/2022 Annual Action Plan 47 OMB Control No: 2506-0117 (exp. 09/30/2021) Estimate the number and type… Public Service Activities other than Low/Moderate Income Housing Benefit: 96 persons assisted Location Description 1339 Park St., Clearwater, FL 33756 Planned Activities Funds utilized for salary support of a Case Manager collaboratively with SVdP in support of clients from both the Community Kitchen Program at SVdP and the participants of the STARS program of PERC housed at the Resource Center of the SVdP campus. Sort Order 36 Project Name Pinellas Ex-Offender Re-Entry Coalition (Facilities, Resource Center Upgrades) Target Area Downtown Gateway District NRSA Goals Supported Community Development & Public Services Needs Addressed Community Resource & One-Stop Referral Centers Funding CDBG: $98,000 Description Demolition and renovation, including electrical, of approximately 760 square feet at the Resource Center managed and used by PERC on the St Vincent de Paul campus in the Downtown Gateway NRSA. Target Date 9/30/2022 Estimate the number and type… Public Facility or Infrastructure Activities other than Low/Moderate Income Housing Benefit: 200 persons assisted Location Description 1339 Park St., Clearwater, FL 33756 Planned Activities These improvements will allow for multiple programs to be opened and expanded to serve hard-to-place clients in multiple programs offered by PERC (STARS workforce training program), the People of Manufacturing (MOVE Up program, 3D printing program, CNC training program), and St Petersburg College (Soldering Program). Sort Order 37 Project Name Property Acquisition and Demolition – Slum/Blight Removal Target Area Citywide Low- and Moderate-Income Areas Goals Supported Community Development & Public Services Needs Addressed Code Enforcement/Blight Elimination Funding CDBG: $180,884 Description Property acquisition and demolition for removal of slum/blight Target Date 9/30/2022 Estimate the number and type… Buildings Demolished: 1 Building Location Description Citywide Planned Activities Property acquisition and demolition for removal of slum/blight Sort Order 38 Project Name R’Club – Breeden Early Learning Academy Renovations Target Area North Greenwood NRSA Goals Supported Community Development & Public Services Needs Addressed Facilities/Services for Youth Funding CDBG: $73,088 Description Facility renovations to improve safety, access, and program quality at R’Club Child Care Early Learning Academy (Breeden location). City of Clearwater, FL 2021/2022 Annual Action Plan 48 OMB Control No: 2506-0117 (exp. 09/30/2021) Target Date 9/30/2022 Estimate the number and type… Public Facility or Infrastructure Activities other than Low/Moderate Income Housing Benefit: 55 persons assisted Location Description 1235 Holt Ave., Clearwater, FL 33755 Planned Activities These improvements include: 1) renovation of two playground areas, and 2) removal and installation of new energy efficient HVAC unit. Sort Order 39 Project Name R’Club – Gateway Early Learning Academy Renovations Target Area Downtown Gateway NRSA Goals Supported Community Development & Public Services Needs Addressed Facilities/Services for Youth Funding CDBG: $24,821 Description Facility renovations to improve safety, access, and program quality at R’Club Child Care Early Learning Academy (Gateway location). Target Date 9/30/2022 Estimate the number and type… Public Facility or Infrastructure Activities other than Low/Moderate Income Housing Benefit: 50 persons assisted Location Description 211 S. Missouri Ave., Clearwater, FL 33756 Planned Activities These improvements include: 1) installation of outdoor shed on the playground, and 2) installation/replacement of new interior LED lighting. Sort Order 40 Project Name Façade Improvement Program Target Area Citywide Low- and Moderate-Income Areas; North Greenwood NRSA; Lake Bellevue NRSA; Downtown Gateway District NRSA Goals Supported Economic Development Needs Addressed Building Façade Improvements Funding CDBG: $129,866 Description Funds provided to support four (4) façade improvement projects. Target Date 9/30/2022 Estimate the number and type… Façade Treatment/Business Building Rehabilitation: 4 Businesses Location Description Citywide Planned Activities Commercial rehab/building façade improvements Sort Order 41 Project Name Hispanic Business Initiative Fund of Florida (Prospera) – Microenterprise Assistance Target Area Citywide Low- and Moderate-Income Areas Goals Supported Economic Development Needs Addressed Economic Opportunity/Business Assistance Funding CDBG: $50,000 Description Funding provided for salary support to provide technical assistance to start-ups and micro and small business owners. Target Date 9/30/2022 Estimate the number and type… Businesses Assisted: 20 businesses City of Clearwater, FL 2021/2022 Annual Action Plan 49 OMB Control No: 2506-0117 (exp. 09/30/2021) Location Description Clearwater East Community Library, 2465 Drew St., Clearwater, FL 33765 Planned Activities Salary support for microenterprise assistance. These activities include: educational seminars, one-on-one technical assistance/consulting, and bilingual business development services and training to entrepreneurs. Sort Order 42 Project Name Tampa Bay Black Business Investment Corp. – Microenterprise Assistance Target Area North Greenwood NRSA; Lake Bellevue NRSA Goals Supported Economic Development Needs Addressed Economic Opportunity/Business Assistance Funding CDBG: $50,000 Description Funding provided for salary support for a Business Development Officer, CEO, Accountant, and Finance Administrator, as well as a contractual BBIC Business Development Consultant, to support the Small Business Capital Accelerator Project (CAP). Target Date 9/30/2022 Estimate the number and type… Businesses Assisted: 50 businesses Location Description North Greenwood Aquatic & Recreation Complex, 900 N. Martin Luther King, Jr. Ave., Clearwater, FL 33755 Planned Activities The CAP project delivers the CATCH Program, a 15-week entrepreneurship training program for small business owners primarily in the North Greenwood and Lake Bellevue areas (both NRSAs), while providing training, technical assistance, and capital access. Sort Order 43 Project Name TBD – Economic Development Activities Target Area Citywide Low- and Moderate-Income Areas; North Greenwood NRSA; Lake Bellevue NRSA; Downtown Gateway District NRSA Goals Supported Economic Development Needs Addressed Economic Opportunity/Business Assistance Funding CDBG (RLF): $233,670 Description Future economic development projects to be determined. Target Date 9/30/2022 Estimate the number and type… Businesses Assisted: 10 businesses Location Description TBD Planned Activities TBD City of Clearwater, FL 2021/2022 Annual Action Plan 50 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-50 Geographic Distribution – 91.220(f) DESCRIPTION OF THE GEOGRAPHIC AREAS OF THE ENTITLEMENT (INCLUDING AREAS OF LOW- INCOME AND MINORITY CONCENTRATION) WHERE ASSISTANCE WILL BE DIRECTED For the 2021/2022 Action Plan, the City of Clearwater will provide direct assistance to low- and moderate-income areas and approved Neighborhood Revitalization Strategy Areas (NRSAs) of the City. The geographic distribution of funding percentages shown in Table 8 is misleading since few projects are solely concentrated in a specific NRSA. Most projects are not solely concentrated in a NRSA but are included in the citywide low- and moderate-income areas and multiple NRSAs. These percentages include projects that will benefit multiple areas. See Map 1 titled, “Low- and Moderate-Income Areas” for a graphical representation of low- and moderate-income area locations. See Map 2 titled, “Neighborhood Revitalization Strategy Areas Map” for the locations of the City’s strategy areas. GEOGRAPHIC DISTRIBUTION Target Area Percentage of Funds North Greenwood NRSA 6% Lake Bellevue NRSA 4% Downtown Gateway District NRSA 5% Citywide Low- and Moderate-Income Areas 85% Table 8 – Geographic Distribution City of Clearwater, FL 2021/2022 Annual Action Plan 51 OMB Control No: 2506-0117 (exp. 09/30/2021) Map 1 – Low- and Moderate-Income Areas City of Clearwater, FL 2021/2022 Annual Action Plan 52 OMB Control No: 2506-0117 (exp. 09/30/2021) Map 2 – Neighborhood Revitalization Strategy Areas Map City of Clearwater, FL 2021/2022 Annual Action Plan 53 OMB Control No: 2506-0117 (exp. 09/30/2021) RATIONALE FOR THE PRIORITIES FOR ALLOCATING INVESTMENTS GEOGRAPHICALLY Four (4) areas have been designated as either Local Target Areas or Strategy Areas within the City of Clearwater. These are Citywide Low- and Moderate-Income Areas, North Greenwood Neighborhood Revitalization Strategy Area, Lake Bellevue Neighborhood Revitalization Strategy Area, and Downtown Gateway District Neighborhood Revitalization Strategy Area. These neighborhoods were identified in previous Consolidated Plans and updated in the current 2020-2024 Consolidated Plan. The designation of Local Target Areas and Strategy Areas increases the potential for coordinated planning and investment. The areas selected for the 2020-2024 Consolidated Plan were confirmed through the citizen participation process, which included service provider and community meetings, as well as meetings with staff of the City’s Economic Development and Housing Department. Each of these areas meets the eligibility requirements for low- and moderate-income benefit. While Local Target Areas and Strategy Areas allow the City to plan and invest in a coordinated manner, they do not limit the City from expending funds in other areas of Clearwater that also meet the eligibility requirements for low- and moderate-income benefit. DISCUSSION The City of Clearwater has identified 43 projects to implement the goals of the Consolidated Plan’s Strategic Plan during the second year of the 2020-2024 Consolidated Plan. These projects benefit low- and moderate-income persons Citywide and within the City’s Neighborhood Revitalization Strategy Areas. Projects with Citywide benefit include activities related to housing, homelessness, non-homeless special needs, community development and public services, and economic development that meet the needs of income-eligible persons or households. Program administration activities also provide indirect Citywide benefit. City of Clearwater, FL 2021/2022 Annual Action Plan 54 OMB Control No: 2506-0117 (exp. 09/30/2021) AFFORDABLE HOUSING AP-55 Affordable Housing – 91.220(g) INTRODUCTION The City of Clearwater places a high priority on providing housing assistance, such as homebuyer education/counseling and Fair Housing activities, to promote homeownership. Additionally, the City facilitates the construction of new affordable housing units to increase the supply of affordable housing and thereby address demand. These priority needs shall be addressed, in part, by local non-profit organizations and developers that construct affordable housing for lower-income, first-time homebuyers. The City will also continue to deliver its housing rehabilitation and down payment assistance programs to income-eligible households. The Annual Action Plan must specify goals for the number of homeless, non-homeless, and special needs households to be supported during the program year. These numbers are shown in the following tables and are inclusive of the affordable housing activities shown in AP-20, in addition to other planned housing activities identified in AP-35 and AP-38. Section AP-55 (see Table 9 and Table 10) indicates the number of households to be supported through specific activities, including rental assistance, production of new units, rehabilitation of existing units, or acquisition of existing units. For the purposes of this section, the term “affordable housing” is defined in the HOME regulations 24 CFR 92.252 for rental housing and 24 CFR 92.254 for homeownership. [This section replaces the former HUD Table 3B.] One Year Goals Number of Households to be Supported Homeless 0 Non-Homeless 174 Special-Needs 0 Total 174 Table 9 – One Year Goals for Affordable Housing by Support Requirement One Year Goals Number of Households Supported Through Rental Assistance 0 The Production of New Units 125 Rehab of Existing Units 17 Acquisition of Existing Units 32 Total 174 Table 10 – One Year Goals for Affordable Housing by Support Type City of Clearwater, FL 2021/2022 Annual Action Plan 55 OMB Control No: 2506-0117 (exp. 09/30/2021) DISCUSSION The City will continue to deliver its long-standing housing programs, including housing rehabilitation and down payment assistance, coordinate with non-profit organizations and developers that construct affordable housing, and support homebuyer education/counseling and Fair Housing activities. These housing activities will support 174 households through a combination of production of new units, rehabilitation of existing units, or acquisition of existing units through direct financial assistance to homebuyers. Additionally, the City will support 172 households through housing-related public services (e.g., homebuyer education/counseling). City of Clearwater, FL 2021/2022 Annual Action Plan 56 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-60 Public Housing – 91.220(h) INTRODUCTION This section of the Annual Action Plan describes what actions the City of Clearwater will take during the 2021/2022 program year to carry out the public housing strategy identified in the Consolidated Plan’s Strategic Plan. The Clearwater Housing Authority (CHA) administers housing assistance for lower income persons and households in the greater Clearwater area. The operations of the CHA are funded through annual appropriations from the U.S. Department of Housing and Urban Development (HUD). Assistance includes public housing, tenant-based vouchers (Housing Choice Vouchers or HCVs), and special purpose voucher activities. Combined, these activities supply approximately 1,653 publicly assisted housing units in the greater Clearwater area. [Source: HUD PIC, HA Profiles, accessed June 2021] ACTIONS PLANNED DURING THE NEXT YEAR TO ADDRESS THE NEEDS TO PUBLIC HOUSING The City of Clearwater works cooperatively with Pinellas County, the CHA, and private entities to provide public and subsidized housing within Clearwater. The CHA administers public housing for seniors and families in addition to the HCV program that provides financial rental assistance to income-eligible individuals and families. The CHA and other housing providers in the community continuously seek to rehabilitate the supply of housing affordable to lower-income residents. Although the CHA recently renovated some of its public housing units, the CHA is undergoing a voluntary conversion that started in 2020. During conversion, the CHA will ensure that residents are housed through vouchers and coordination with other housing providers. Any proceeds from the sale of public housing properties will be reinvested in affordable housing. The City will continue to coordinate housing referrals with the CHA, as well as the Pinellas County Housing Authority, in the delivery of the City’s CDBG and HOME housing programs. ACTIONS TO ENCOURAGE PUBLIC HOUSING RESIDENTS TO BECOME MORE INVOLVED IN MANAGEMENT AND PARTICIPATE IN HOMEOWNERSHIP The CHA has an ongoing management program in place to involve residents in its operations. Additionally, through the 2021/2022 Action Plan, the City of Clearwater will support homebuyer education/counseling, Fair Housing, and housing placement activities that could facilitate the transition from public housing to homeownership. IF THE PHA IS DESIGNATED AS TROUBLED, DESCRIBE THE MANNER IN WHICH FINANCIAL ASSISTANCE WILL BE PROVIDED OR OTHER ASSISTANCE The Clearwater Housing Authority is not designated as troubled. DISCUSSION Affordable housing needs are met by multiple service providers in the greater Clearwater area. The CHA currently administers public housing units and tenant-based vouchers (HCVs). Although the CHA is undergoing voluntary conversion of its public housing properties, the CHA will continue to administer vouchers and ensure that residents are housed in coordination with other housing providers. The City City of Clearwater, FL 2021/2022 Annual Action Plan 57 OMB Control No: 2506-0117 (exp. 09/30/2021) will continue to coordinate referrals with the CHA to connect lower income residents with housing options. City of Clearwater, FL 2021/2022 Annual Action Plan 58 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-65 Homeless and Other Special Needs Activities – 91.220(i) INTRODUCTION This section of the Annual Action Plan describes what actions the City of Clearwater will take during the 2021/2022 program year to carry out the homeless strategy identified in the Consolidated Plan’s Strategic Plan. Additionally, this section describes any action related to the supportive housing needs of non-homeless special needs persons at risk of homelessness. The Pinellas County Homeless Leadership Alliance (HLA), a nonprofit 501(c)(3), serves as the Continuum of Care (CoC) Lead Agency, Collaborative Applicant, and HMIS Lead Agency. The HLA provides supplemental services, coordination, and funding management to carry out the policy goals of the CoC. The mission of the HLA is to provide leadership in the planning, development, and alignment of community advocacy, resources, and strategies to prevent, divert, and end homelessness in Pinellas County. The HLA, as the lead agency for the CoC, is the organization most suited to addressing the needs of homeless persons in the greater Clearwater area. Consistent with the Consolidated Plan’s Strategic Plan, the City of Clearwater will pursue the goal of helping to prevent and reduce homelessness in Clearwater. It is the City’s objective to support the activities of the HLA and other members of the region’s CoC that represents a countywide consortium of homeless service providers. Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including: REACHING OUT TO HOMELESS PERSONS (ESPECIALLY UNSHELTERED PERSONS) AND ASSESSING THEIR INDIVIDUAL NEEDS The HLA conducts an annual Point-in-Time homeless count and prepares a Homeless Assessment Report, both of which document the extent of homelessness in the community. Furthermore, the City received input on homeless needs during the Consolidated Plan public meetings and community survey. The priority needs of the homeless include facilities/services for homeless adults and families, facilities/services for homeless youth and youth aging out of foster care, case management, nutrition/food services, and employment assistance/job training toward self-sufficiency. Outreach to the homeless is done by the Continuum of Care’s Street Outreach Teams that cover major parts of Pinellas County five days per week. The Street Outreach Teams are the center of the CoC’s efforts to find and engage street homeless, in place, since late 2006. Each Street Outreach Team is composed of one law enforcement officer and one case manager. Additionally, Street Outreach Teams focus on finding unaccompanied youth. Relatedly, the Veterans Administration funds Veterans Outreach for that population. All the outreach personnel meet bi-monthly to discuss problems, identify increases/decreases in specific populations, problem-solve, and meet with providers of emergency mats and beds. Law enforcement staff members train their police departments on working with street homeless persons. Once a street City of Clearwater, FL 2021/2022 Annual Action Plan 59 OMB Control No: 2506-0117 (exp. 09/30/2021) homeless individual or family seeks assistance, they are encouraged to go to Safe Harbor, the County’s emergency homeless shelter and jail diversion program where they are assigned a case manager for assessment and referral to services, etc. Unaccompanied youth are referred to Family Resources and other youth programs to get them off the street. Street Outreach Teams also process individuals for entrance to Pinellas Hope, another homeless shelter operated by Catholic Charities. The HLA also partners with the Juvenile Welfare Board’s Children’s Services Council and 2-1-1 Tampa Bay Cares on the Family Services Initiative (FSI) that works with families in need. The goal of the FSI is to prevent homelessness while working on longer term issues and to have one place for families to make initial contact for help. FSI is publicized widely as the place for homeless and at-risk families to go for help. Homeless and at-risk families call 2-1-1 and are directed to specific triage staff for short assessment. For the second-year Action Plan, the City of Clearwater will support four (4) case management activities, through Kimberly Home, Hope Villages of America (Grace House), St. Vincent de Paul Community Kitchen and Resource Center, and WestCare Gulfcoast Florida, to assess the individual needs of homeless and special needs persons at risk of homelessness, including unsheltered persons. ADDRESSING THE EMERGENCY SHELTER AND TRANSITIONAL HOUSING NEEDS OF HOMELESS PERSONS As previously mentioned, the HLA annually conducts a Point-in-Time homeless count and prepares a Homeless Assessment Report, both of which document the extent of homelessness in the community. In addition to other metrics, these reports identify the number of individuals or families in emergency shelter or transitional housing. In the Clearwater area, homeless facilities such as emergency shelter and transitional housing are provided by churches and non-profit organizations, including but not limited to Homeless Emergency Project (Homeless Empowerment Program or H.E.P.), Kimberly Home, Boley Centers, Hope Villages of America, Salvation Army, and Family Resources (SafePlace2B), among others. Additionally, the HLA maintains an online map-based directory targeted to homeless persons that includes contact information for emergency shelter, food and clothing assistance, and transitional housing services. This directory also includes a map of Pinellas Suncoast Transit Authority (PSTA) bus routes. The City makes it a goal of the Consolidated Plan to prevent and reduce homelessness in Clearwater by supporting programs that offer shelter facilities and beds for the homeless, and by assisting agencies that engage in homeless prevention and service programs. For the second-year Action Plan, the City will support one (1) emergency shelter activity through Hope Villages of America by improving the Grace House facility that serves homeless adults and families, and one (1) transitional shelter activity by improving the Kimberly Home facility that serves homeless pregnant women. City of Clearwater, FL 2021/2022 Annual Action Plan 60 OMB Control No: 2506-0117 (exp. 09/30/2021) HELPING HOMELESS PERSONS (ESPECIALLY CHRONICALLY HOMELESS INDIVIDUALS AND FAMILIES, FAMILIES WITH CHILDREN, VETERANS AND THEIR FAMILIES, AND UNACCOMPANIED YOUTH) MAKE THE TRANSITION TO PERMANENT HOUSING AND INDEPENDENT LIVING, INCLUDING SHORTENING THE PERIOD OF TIME THAT INDIVIDUALS AND FAMILIES EXPERIENCE HOMELESSNESS, FACILITATING ACCESS FOR HOMELESS INDIVIDUALS AND FAMILIES TO AFFORDABLE HOUSING UNITS, AND PREVENTING INDIVIDUALS AND FAMILIES WHO WERE RECENTLY HOMELESS FROM BECOMING HOMELESS AGAIN The City will support, in coordination with the HLA, activities to end chronic homelessness in Clearwater. CoC member agencies actively work to assist homeless individuals and families with making the transition to more permanent housing and preventing such persons from becoming homeless again. CoC member agencies support a “Housing First” approach to provide housing options regardless of whether individuals or families meet otherwise common prerequisites for housing. National resource around “Housing First” suggests that individuals and/or head-of-household members who have been homeless are more successful in achieving self-sufficiency when housing stability is acquired first, regardless of whether they are sober or financially self-sufficient in the beginning. Once their housing situation is stabilized, their ability to achieve sobriety, financial stability, or overcome other common barriers to housing dramatically improves. This is typically achieved by rapid-rehousing and other interim housing strategies such as targeted transitional or permanent supportive housing to obtain housing quickly, increase self-sufficiency, and stay housed. For the second-year Action Plan, the City will support one (1) permanent supportive housing activity, through H.E.P., by improving a H.E.P. facility that provides housing to homeless persons with disabilities, including Veterans. Additionally, the City will continue to support an array of activities that, when combined, may shorten the duration of homelessness, help persons transition to more stable housing, and/or provide access to affordable housing. Such activities may include case management, emergency shelter and transitional housing, behavioral and mental health services, supportive services for the elderly, facilities for the disabled, referrals to appropriate housing providers, affordable housing unit construction or rehabilitation, homebuyer education, down payment assistance, and access to economic opportunities. HELPING LOW-INCOME INDIVIDUALS AND FAMILIES AVOID BECOMING HOMELESS, ESPECIALLY EXTREMELY LOW-INCOME INDIVIDUALS AND FAMILIES AND THOSE WHO ARE: BEING DISCHARGED FROM PUBLICLY FUNDED INSTITUTIONS AND SYSTEMS OF CARE (SUCH AS HEALTH CARE FACILITIES, MENTAL HEALTH FACILITIES, FOSTER CARE AND OTHER YOUTH FACILITIES, AND CORRECTIONS PROGRAMS AND INSTITUTIONS); OR, RECEIVING ASSISTANCE FROM PUBLIC OR PRIVATE AGENCIES THAT ADDRESS HOUSING, HEALTH, SOCIAL SERVICES, EMPLOYMENT, EDUCATION, OR YOUTH NEEDS. For the second-year Action Plan, the City of Clearwater will continue to coordinate referrals for facilities and services available in the community that support lower-income individuals. In addition to City of Clearwater, FL 2021/2022 Annual Action Plan 61 OMB Control No: 2506-0117 (exp. 09/30/2021) programmed case management activities through Kimberly Home, Hope Villages of America (Grace House), and WestCare Gulfcoast Florida, the City will support case management and facility improvements at the St. Vincent de Paul Community Kitchen and Resource Center, which is also used by the Pinellas Ex-Offender Re-Entry Coalition (PERC). The Community Kitchen and Resource Center provides not only case management, but referrals to other resources and programs depending on client needs. Such programs include PERC’s STARS and MOVE UP programs, which provide job training and skills toward self-sufficiency. The City will also continue to work with housing and homeless service providers to implement a cohesive, communitywide discharge coordination policy. Such policy must be successfully implemented to ensure that persons being released from publicly funded institutions do not become homeless upon release. Other examples of such efforts, in addition to PERC, include the Pinellas County Sheriff Department’s Operation PAR, which allows ex-offenders to receive substance abuse treatment, and the State’s “Transition from Prison to Community Initiative” (TPCI). DISCUSSION For the second-year Action Plan, the City will support the following activities toward the goal of preventing and reducing homelessness: • Homeless Emergency Project (Homeless Empowerment Program or H.E.P.) – Funding to improve permanent supportive housing facility for homeless individuals with disabilities, including Veterans (32 persons assisted). • Hope Villages of America – Funding to renovate/expand Grace House emergency shelter (100 persons assisted) and salary support for case management (100 persons assisted). • Kimberly Home – Salary support for case management at transitional housing facility (38 persons assisted). • St. Vincent de Paul – Funding to renovate/expand Community Kitchen and Resource Center (490 persons assisted) and salary support for case management (96 persons assisted). In total, these activities will assist an estimated 234 persons during the second-year Action Plan through case management to either prevent homelessness or reduce the duration of homelessness. Additionally, the City will support the rehabilitation of three (3) homeless facilities (H.E.P. Permanent Supportive Housing, Hope Villages of America Grace House, and St. Vincent de Paul Community Kitchen and Resource Center) that will serve 622 persons in total. For the second-year Action Plan, the City has programmed an array of homeless activities to address the need for case management and facilities and services for homeless adults and families. The City will continue to coordinate with the HLA and Continuum of Care, including numerous homeless service providers operating in the greater Clearwater area. City of Clearwater, FL 2021/2022 Annual Action Plan 62 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-75 Barriers to affordable housing – 91.220(j) INTRODUCTION This section of the Annual Action Plan summarizes actions the City of Clearwater will undertake during the program year to reduce barriers to affordable housing and influence whether the cost of housing or the incentives to develop, maintain, or improve affordable housing are affected by public policies, particularly those of the local jurisdiction. Such policies may include land use controls, zoning ordinances, building codes, and policies that affect the return on residential investment. ACTIONS IT PLANNED TO REMOVE OR AMELIORATE THE NEGATIVE EFFECTS OF PUBLIC POLICIES THAT SERVE AS BARRIERS TO AFFORDABLE HOUSING SUCH AS LAND USE CONTROLS, TAX POLICIES AFFECTING LAND, ZONING ORDINANCES, BUILDING CODES, FEES AND CHARGES, GROWTH LIMITATIONS, AND POLICIES AFFECTING THE RETURN ON RESIDENTIAL INVESTMENT The City of Clearwater has several strategies that it utilizes to remove or ameliorate the negative effects of public policies that are barriers to affordable housing. These strategies are documented in the City’s 2021 Local Housing Assistance Plan (LHAP), which is a reporting requirement of the State Housing Initiatives Partnership (SHIP) program. The City’s ongoing actions to remove or ameliorate the barriers to affordable housing, as identified in the City’s LHAP and Local Housing Incentive Strategies (LHIS) documents, include the following: • Expedited review process for permitting • Modification of fees • Flexible densities • Infrastructure capacity • Accessory dwelling units • Parking reductions • Flexible lot configurations • Modification of street requirements • Pre-adoption policy consideration • Inventory of public lands • Proximity to transportation, employment, and mixed-use development • Adaptive reuse • Land development code • Communication and marketing of affordable housing • Financing • Partnerships These barriers to affordable housing are explained in more detail in the SP-55 section of the Consolidated Plan, as well as the source LHAP and LHIS documents on file at the City’s Economic Development and Housing Department. City of Clearwater, FL 2021/2022 Annual Action Plan 63 OMB Control No: 2506-0117 (exp. 09/30/2021) DISCUSSION The City of Clearwater will continue to implement strategies to remove or ameliorate the negative effects of public policies that are barriers to affordable housing. These strategies are detailed in the City’s 2021 LHAP report. Of note, the City recently coordinated with Pinellas County to prepare a regional Analysis of Impediments to Fair Housing Choice report, which was completed in 2020. The City also currently participates in the Advantage Pinellas Housing Compact and the Pinellas County Countywide Housing Strategy, which are joint programs for the provision of affordable housing. City of Clearwater, FL 2021/2022 Annual Action Plan 64 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-85 Other Actions – 91.220(k) INTRODUCTION This section of the Annual Action Plan describes the City of Clearwater’s planned actions to carry out the following strategies in the Consolidated Plan’s Strategic Plan: • Foster and maintain affordable housing; • Evaluate and reduce lead-based paint hazards; • Reduce the number of poverty-level families; • Develop institutional structure; and • Enhance coordination. In addition, the City has identified obstacles to meeting underserved needs and proposed actions to overcome those obstacles. ACTIONS PLANNED TO ADDRESS OBSTACLES TO MEETING UNDERSERVED NEEDS The major obstacle to meeting underserved needs is the lack of financial resources among housing and public service providers that support the City of Clearwater’s institutional delivery structure. To address such obstacles, the City will administer CDBG funds to pursue the goal of enhancing the living environment for persons in low- and moderate-income areas through community development activities, public service programs, and the elimination of blight. Priority will be given to the City’s Neighborhood Revitalization Strategy Areas, where need is greatest, when opportunities present. The City will also pursue the goal of expanding the accessibility and coordination of social services to the City’s special needs population. Some of the programmed activities to meet underserved needs during the second year include, but are not limited to, the following: • Clearwater Neighborhood Housing Services – Facility improvements to support a Head Start program in the North Greenwood NRSA • Directions for Living – Facility improvements to support mental and behavioral health services • Pinellas County Ex-Offender Re-Entry Program – Facility improvements and case management to support an ex-offender re-entry program in the Downtown Gateway District NRSA • Clearwater MLK Jr. Neighborhood Center – Facility improvements to benefit low- and moderate- income residents of the North Greenwood NRSA • R’Club Early Learning Academy – Facility improvements at two Early Learning Academy locations in the North Greenwood NRSA and Downtown Gateway District NRSA • Pinellas Opportunity Council – Chore services program serving the elderly • InterCultural Advocacy Institute – Salary support for leadership program benefitting low- and moderate-income youth • Gulfcoast Legal Services – Salary support for legal services program benefitting low- and moderate-income persons City of Clearwater, FL 2021/2022 Annual Action Plan 65 OMB Control No: 2506-0117 (exp. 09/30/2021) • WestCare Gulfcoast Florida – Case management services for substance abuse treatment Additional activities to meet underserved needs are described previously with regard to homelessness (AP-65) and subsequently with regard to affordable housing and economic development (AP-85, as follows). ACTIONS PLANNED TO FOSTER AND MAINTAIN AFFORDABLE HOUSING Consistent with the Consolidated Plan’s Strategic Plan, the City of Clearwater will pursue the goal of providing availability of, and access to, decent affordable housing for the residents of the City. To this end, the City has programmed 17 housing activities that meet the following objectives of the Strategic Plan: • Preserve the existing housing stock. • Increase the availability of affordable housing units. • Assist qualified low- and moderate-income households to become homeowners through supporting agencies that provide housing counseling. • Provide mortgage assistance for low- and moderate-income homebuyers. Programmed activities to foster and maintain affordable housing during the second year include the following: • Owner and renter housing rehabilitation program • Construction of new owner and renter occupied housing • Community Housing Development Organization (CHDO) housing activities • Revolving Loan Program to offer loans for homeowners and non-profit agencies for eligible housing activities These activities preserve the existing housing stock through rehabilitation of aging units, increase the availability of affordable housing through new construction, and improve access to affordable housing through homebuyer education and down payment assistance for qualified low- and moderate-income households. ACTIONS PLANNED TO REDUCE LEAD-BASED PAINT HAZARDS The City will continue to include lead-based paint education and mitigation measures in all housing rehabilitation activities and, if needed, will identify and apply for additional funding resources to finance abatement. Contractors are required to be trained and certified to supervise removal of lead-based paint hazards to comply with HUD regulations. Furthermore, subrecipients of the City’s CDBG and HOME funding devise their own lead-based paint hazard programs to comply with HUD regulations for rehabilitation projects. Additionally, the City will continue to coordinate with agencies in the Clearwater area that screen residents for elevated blood levels (EBL) and inspect housing units for lead-based paint hazards. These agencies include the Pinellas County Health Department and the Clearwater and Pinellas County housing authorities, among others. City of Clearwater, FL 2021/2022 Annual Action Plan 66 OMB Control No: 2506-0117 (exp. 09/30/2021) ACTIONS PLANNED TO REDUCE THE NUMBER OF POVERTY-LEVEL FAMILIES According to the 2015-2019 American Community Survey (ACS) estimates, 15.4% of people living in the City of Clearwater are below poverty level. To combat this trend, the City will continue to coordinate with various agencies that support poverty-level families. These agencies also provide services to other homeless and non-homeless special needs populations, as well as low- and moderate-income families. Such services include referrals to affordable housing, employment assistance/job training, and other activities to promote economic opportunity. Additionally, through the Economic Development and Housing Department, the City will promote economic opportunity by providing technical assistance to small businesses and job training programs. For the second-year Action Plan, the City will support such programs, including those offered by the Pinellas Ex-Offender Re-Entry Coalition (e.g., STARS and MOVE UP programs), Tampa Bay Black Business Investment Corp. (microenterprise assistance), and Hispanic Business Initiative Fund of Florida/Prospera (microenterprise assistance). The City will also support the InterCultural Advocacy Institute’s Youth Leadership Partnership Program. These programs provide advocacy and mentoring toward self- sufficiency and academic, employment, and business success. ACTIONS PLANNED TO DEVELOP INSTITUTIONAL STRUCTURE The City of Clearwater has a strong institutional delivery structure. The City will continue to work with its own departments and various housing and public service providers, as well as their programs, to expand opportunities and to make continuous improvements to the institutional delivery structure. Continued actions will include solicitation of feedback on referral processes and other means of coordination between such providers and the City of Clearwater. For the second-year Action Plan, the City will support an array of activities that strengthen the institutional delivery structure’s ability to serve persons of low- and moderate-income, persons with special needs, and the homeless. These activities include, but are not limited to, facilities and case management for homeless adults and families; mental and behavioral health services; public services for the elderly and youth; improvements to community buildings and resource centers; code enforcement/blight elimination; building façade improvements; economic opportunity and business assistance; housing legal services and referrals to appropriate housing providers; affordable housing unit construction or rehabilitation; homebuyer education; and down payment assistance. ACTIONS PLANNED TO ENHANCE COORDINATION BETWEEN PUBLIC AND PRIVATE HOUSING AND SOCIAL SERVICE AGENCIES The City of Clearwater will continue to coordinate with housing and public service providers to develop an effective institutional delivery structure and enhance interagency coordination. The City continues to work with regional housing authorities, such as the Clearwater Housing Authority and Pinellas County Housing Authority, to improve access to public housing and tenant-based rental assistance. Although the funding for public housing authorities is limited, and competition for affordable housing is high, these agencies continue to provide housing-related activities, such as rental assistance, City of Clearwater, FL 2021/2022 Annual Action Plan 67 OMB Control No: 2506-0117 (exp. 09/30/2021) rehabilitation, and new construction, for low-income persons. Input from public housing authorities is regularly solicited during preparation of the City’s Annual Action Plan. Additionally, the City promotes coordination between non-profit and private for-profit housing providers through its Neighborhood and Affordable Housing Advisory Board (NAHAB), through the SHIP- mandated Affordable Housing Advisory Committee (AHAC) in conjunction with the LHAP and LHIS reports, and through the annual Action Plan process. Moreover, annual meetings in conjunction with the Action Plan provide an opportunity for these providers to interact. Public service providers in the greater Clearwater area provide a wide array of services for low- and moderate-income persons. These organization typically have a specific target population that they serve (e.g., the homeless, persons with special needs, low-income families, etc.), and accordingly possess a level of knowledge and expertise that is invaluable when identifying underserved needs. The continuation and expansion of these public services will be encouraged over the second year by means of matching programs with funding, as available. The City recognizes that improved coordination between housing and public service providers is regularly solicited during preparation of the City’s annual Action Plan. DISCUSSION For the second-year Action Plan, the City will support activities that will address underserved needs through community development and public services; foster and maintain affordable housing through rehabilitation, new construction, and homebuyer assistance; reduce lead-based paint hazards through responsible rehabilitation; reduce the number of poverty-level families through a combination of mentoring and economic development; and develop institutional delivery structure through a network of community partners, including the City and its departments. Additionally, the City will continue to encourage coordination between public housing authorities, non-profit and private for-profit housing providers, and public service providers through the NAHAB and AHAC, annual Action Plan participation, and regular day-to-day referrals through the Economic Development and Housing Department. City of Clearwater, FL 2021/2022 Annual Action Plan 68 OMB Control No: 2506-0117 (exp. 09/30/2021) PROGRAM SPECIFIC REQUIREMENTS AP-90 Program Specific Requirements – 91.220(l)(1,2,4) INTRODUCTION This section addresses the program-specific requirements for the Annual Action Plan. COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (CDBG) REFERENCE 24 CFR 91.220(L)(1) Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out. Available Program Income Amount 1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed $99,100 2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan $0 3. The amount of surplus funds from urban renewal settlements $0 4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan. $0 5. The amount of income from float-funded activities $0 Total Program Income $99,100 OTHER CDBG REQUIREMENTS Overall Benefit Amount 1. The amount of urgent need activities $0 2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income. Overall Benefit – A consecutive period of one, two, or three years may be used to determine that a minimum overall benefit of 70% CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. 87.9% City of Clearwater, FL 2021/2022 Annual Action Plan 69 OMB Control No: 2506-0117 (exp. 09/30/2021) HOME INVESTMENT PARTNERSHIP PROGRAM (HOME) REFERENCE 24 CFR 91.220(L)(2) 1. A description of other forms of investment being used beyond those identified in Section 92.205 is as follows: The City will use funding from the State Housing Initiatives Partnership (SHIP) program and/or the Pinellas County Housing Trust Fund for the matching requirements under the HOME program. 2. A description of the guidelines that will be used for resale or recapture of HOME funds when used for homebuyer activities as required in 92.254, is as follows: Recaptured funds are HOME funds which are recouped by the City when HOME-assisted homeownership housing does not continue to be the principal residence of the assisted homebuyer for the full affordability period. The City will use the recapture method to obtain these funds. The recapture provision is subject to the limitation that when the recapture requirement is triggered by a sale, voluntary or involuntary, of the housing unit, and there are no net proceeds or the net proceeds are insufficient to repay the HOME investment due, the City can only recapture the net proceeds, if any. The net proceeds are the sales price minus the superior loan repayment and closing costs. This language is included in the loan documents. Such funds will be placed in the City’s HOME Investment Trust Fund. These funds will be used by the City for other eligible HOME activities. 3. A description of the guidelines for resale or recapture that ensures the affordability of units acquired with HOME funds? See 24 CFR 92.254(a)(4) are as follows: See the response to number 2, above. 4. Plans for using HOME funds to refinance existing debt secured by multifamily housing that is rehabilitated with HOME funds along with a description of the refinancing guidelines required that will be used under 24 CFR 92.206(b), are as follows: The City will not use HOME funds to refinance the existing debt for multi-family projects. DISCUSSION The City of Clearwater anticipates $99,100 in program income (including $71,600 from revolving loan program and $27,500 from other income). Approximately $1,723,692 is expected from prior-year resources to be carried over (including $1,180,058 in the Revolving Loan Fund (RLF) and $543,634 in other prior-year resources). Note that the carried-over RLF amount includes $587,783 from NSP3 conversion to CDBG. Combined with the entitlement allocation of $922,626, available CDBG funds total $2,745,418. City of Clearwater, FL 2021/2022 Annual Action Plan 70 OMB Control No: 2506-0117 (exp. 09/30/2021) The City has not identified funds for urgent need activities at this time. The percentage of overall benefit to low- and moderate-income persons is expected to be 87.9%. The City has calculated the percentage of overall benefit based on the second program year (2021/2022). This percentage excludes second-year activities related to the removal of slum and blight. City of Clearwater, FL 2021/2022 Annual Action Plan 71 OMB Control No: 2506-0117 (exp. 09/30/2021) APPENDIX [Separate Attachments) 1. Citizen Participation/Comments 2. Grantee Unique Appendices 3. SF-424 Forms and Certifications 1. Citizen Participation Comments CITY OF CLEARWATER CITIZEN PARTICIPATION/COMMENTS 0000140878-01 LEGAL NOTICE NOTICE OF FUNDING AVAILABILITY CITY OF CLEARWATER, FLORIDA FY 2021-2022 ANNUAL ACTION PLAN COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND HOME INVESTMENT PA RTNERSHIPS PROGRAM The City of Clearwater is estimated to receive $837,233 in grant allocation funds under the Community Development Block Grant (CDBG)Program and $431,344 in grant allocation funds under the HOME Investment Partnerships (HOME)Program for the Program Ye ar (PY)2021-2022 beginning October 1,2021.Funds can only be used in the incorporated limits of the City of Clearwater.However,an agency that is located outside the City may receive funding if they provide documented services for city residents. Federal funding authorization for the CDBG Program and the HOME Program is through the U.S.Department of Housing and Urban Development.In addition to the grant allocations,the City anticipates that it will receive program income from the federal CDBG and HOME Programs. Other program funds may be available through the Pinellas County Housing Trust Fund (PCHTF)Program in the amount of $180,000. These funds will primarily be used for housing,community and economic development activities.Aportion of the funds listed above may be used for City conducted and/or sponsored projects and may not be available for allocation to applicants.Federal regulations applicable to these programs dictate funding availability for certain projects. Proposals for new projects will be accepted beginning on February 17,2021.Suggestions for new projects/activities for FY 2021-2022 may be presented and should address one or moreofthe following strategies: •Promote better livable opportunities in the Neighborhood Revitalization Strategy Areas (NRSA); NRSA maps can be located at www.myclearwater. com/affordablehousing •Promote affordable housing for renters and/or homebuyers •Promote efforts/activities to end chronic homelessness •Provide outreach and housing opportunities for homeless individuals and families •Provide assistance to victims of domestic violence •Promote economic opportunities for very low-to moderate-income individuals •Provide assistance to the elderly,persons with disabilities and persons with HIV/AIDS •Develop public facility projects in the NRSAs •Promote efforts to reduce lead poisoning in children •Promote opportunities to end poverty (job training, employability skills,educational attainment and other related activities) •Promote opportunities to assist public housing residents to become self-sufficient •Promote opportunities for individuals to reduce their dependency on alcohol and drugs •Promote fair housing opportunities Eligible activities may include,but arenot limited to,rehabilitation and preservation of buildings and improvements,acquisition and disposition of real property, acquisition,construction,reconstruction,rehabilitation or installation of public facilities and improvements,economic activities and activities by subrecipients to carry out neighborhood revitalization,energy conservation projects and related projects. Applications for organizations desiring to participate in the City of Clearwater Housing Pool for activities involving down payment assistance/gap financing,land acquisition, new construction and rehabilitation of single and multi- family housing will be accepted from eligible participants on ayear-round basis while funds remain available. The City will be utilizing an online application that can be found by clicking the Apply HereUsing Neighborly Softwarebutton located at www.myclearwater.com/ affordablehousing beginning February 17,2021.Additional information on utilizing Neighborly Softwarecan be found under the Neighborly Softwaretab found on the website. Applications must be submitted via the City’swebsite no later than 11:59 p.m.on March 18,2021. If you have any questions,please feel free to contact Irin Gomez,HUD Programs Administrator,at(727)562-4032 or irin.gomez@myclearwater.com. 2/17/2021 1 Warner, Amanda From:Lane, Charles <Charles.Lane@myclearwater.com> Sent:Tuesday, February 16, 2021 2:07 PM To:Albert Lee; ALott@DirectionsforLiving.org; Amarela Peqini finance@hispanicoutreachcenter.org; Amy Meek (AMeek@habitatpwp.org); Anil Mehta; Ann Rood; Arthur O'Hara, MSW; Ashley Lowery; Augusto Sanabria; Belinda Becton-McAbee; Carmen Lundy (clearwatermlkcenter@gmail.com); Carolyn King; Carrie Vitale (carrie@tampabaycdc.org); Charles Young; Charrie Moscardini; Cheryl Hudson (clhudson@cnhs1.org); Debra Ballinger; Debra Johnson; Ellen Stoffer; Erika Escamilla (erikaep84@gmail.com); Fabian Yepez; Frances Pheeny; Francis Berrios (francisb@gulfcoastlegal.org); Isay Gulley; J. David Page; Jaclyn Boland; Jai Hinson; James Dates (james.dates@westcare.com); Janet Hooper; Jodi Duda; Kate Kelly; Kathleen Prossick; Kathleen Russell; Ken Rush; Kirk Smith; Libby Stone; Lisa Alchin; Lisa Lopez (accounting@kimberlyhome.org); Lisa Matzner; Malika McCluster (JNesbitt); Maranda Douglas (mdouglas@fyicp.org); Marta Labiosa; Melinda Perry; Michael Bauer; Michael Brown (mbrown@miraclesoutreach.org); Mike Sutton; mwalker@miraclesoutreach.org; Pat Weber; Peter Scalia; Renee Welch; Rhonda Cole; Sheldon Hershman; Summer Gray (sgray@directionsforliving.org); Sylvia Alvarez; Tammy Greer; Valentina Nishku (valentina.nishku@westcare.com); Wanda Weber; Wendy Merson (wmerson@directionsforliving.org); Dania Perez Cc:Sanderson, Denise; Gomez, Irin; Malcolm-Smith, Terry; Grande, Kara; Douglas, Brenda; Warner, Amanda; Napper, Robert Subject:Grant Application Period - City of Clearwater Economic Development & Housing Department Attachments:FY 2021-2022 CDBG - HOME NOFA-FINAL-02012021).pdf This message originated from outside your organization You are receiving this email because you are a potential grant applicant for the City of Clearwater’s Community Development Block Grant (CDBG) program and/or the HOME Investment Partnership (HOME) program funded by the United States Department of Housing & Urban Development. Our grant application will go live tomorrow, February 17. A Notice of Funding Availability is attached. Starting tomorrow you will be able to access the City’s Affordable Housing & Community Development landing page and start an application ‐ www.myclearwater.com/affordablehousing There will also be a subrecipient training session scheduled for Wednesday, March 3. The training will be held on the Zoom platform and will be structured to help you complete an eligible application. If you plan to apply during this year’s grant application period, your attendance at the training session is strongly encouraged. If you or a representative from your organization attends the meeting, your application will receive additional points as applications are reviewed and scored. A higher score may result in a higher percentage of a funding request being approved. Information regarding this training will be posted on the website (link above). Thank you for your interest in assisting Clearwater residents. Chuck Lane, Assistant Director Economic Development & Housing Department City of Clearwater One Clearwater Tower 600 Cleveland St, Suite 600 Clearwater, FL 33755 Office Phone ‐ (727)562‐4023 Cell Phone – (727)742‐1304 Fax – (727)562‐4037 2 Charles.Lane@MyClearwater.com # Organization 2 Artz 4 Life Academy 2 Bright Community Trust 6 Clearwater Neighborhood Housing Services, Inc. 2 Directions for Living 2 Homeless Emergency Project, Inc. 2 Gulfcoast Legal Services, Inc 1 Habitat for Humanity 2 Hope Villages of America (formerly RCS Pinellas) 2 InterCultural Advocacy Institute (dba: Hispanic Outreach Center) 1 Miracles Outreach CDC 2 MLK Center, North Greenwood 1 PCHA 1 Pinellas Opportunity Council ‐ Chore Services Program 2 Prospera 1 R'Club Child Care, Inc. for Breeden Project/Gateway Project 1 Tampa Bay CDC 2 Tampa Bay BBIC 1 The Kimberly Home 1 Wade Trim (Non‐Participatory Role) 2 WestCare Gulfcoast Florida, Inc 36 TOTAL ATTENDEES (NON‐CITY STAFF) # Organization 1 Clearwater City Clerk (City Staff) 2 Clearwater Economic Development and Housing Department (City Staff) 1 Clearwater Neighborhood Coordinator (City Staff) 1 Clearwater Urban Leadership Coalition 1 Homeless Leadership Alliance 1 Salvation Army (also member of NAHAB) 1 Wade Trim (Non‐Participatory Role) 8 TOTAL ATTENDEES April 15, 2021 ‐ Technical Review Committee Meeting Virtual Meeting (Zoom) Attendance March 3, 2021 ‐ Subrecipient Grant Application Workshop (i.e., Technical Assistance Meeting) Virtual Meeting (Zoom) Attendance Tuesday, April 13, 2021 9:00 AM City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 Main Library - Council Chambers Neighborhood and Affordable Housing Advisory Board Meeting Agenda April 13, 2021Neighborhood and Affordable Housing Advisory Board Meeting Agenda 1. Call To Order 2. Approval of Minutes Approve the March 9, 2021 NAHAB Meeting MinutesID#21-90432.1 3. Citizens to be Heard Regarding Items Not on the Agenda 4. New Business Items Presentation by Applicants for Community Development Block Grant funding for Public Service programs, Public Facility improvements and Economic Development programs. ID#21-90444.1 5. Old Business Items 6. Director's Report 7. Board Members to be Heard 8. Adjourn Page 2 City of Clearwater Printed on 4/1/2021 Tuesday, May 11, 2021 9:00 AM City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 Main Library - Council Chambers Neighborhood and Affordable Housing Advisory Board Meeting Agenda May 11, 2021Neighborhood and Affordable Housing Advisory Board Meeting Agenda 1. Call To Order 2. Approval of Minutes Continue approval of the March 9, 2021 and April 13, 2021 NAHAB Meeting Minutes ID#21-91892.2 3. Citizens to be Heard Regarding Items Not on the Agenda 4. New Business Items Approve the staff recommended funding allocations in preparation of the 2021/22 Annual Action Plan ID#21-91914.1 Staff Presentation by the City of Clearwater’s Neighborhood Services Coordinator ID#21-91954.2 5. Old Business Items 6. Director's Report 7. Board Members to be Heard 8. Adjourn Page 2 City of Clearwater Printed on 5/10/2021 2. Grantee Unique Appendices CITY OF CLEARWATER MAPS SR 580 DREW ST US HIGHWAY 19 NCURLEW RD DRUID RD MAIN STCR 1BELLEAIR RD SUNSET POINT RD TAMPA RD MCMULLEN BOOTH RDN KEENE RDGULF TO BAY BLVDN BELCHER RDSR 590 GULF BLVDCLEVELAND ST NURSERY RD BELCHER RDLAKEVIEW RD C O U N T RYSIDEBLVDN BETTY LNENTERPRISE RD E COURT ST L A NDMARKDRBAYSHORE BLVDS KEENE RDS LAKE DRDOUGLAS AVEN HERCULES AVEPHILLIPPE PKWYVIRGINIA ST S MISSOURI AVES BELCHER RDBAYSI DE BRI DGEN HIGHLAND AVEI SL A NDWAYM A R S HALLST SHOREDREPATRICIA AVEFISHER RDCAUSEWAY BLVD EDGEWATER DRS FT HARRISON AVEN E C OA CHM AN RD KINGS HIGHWAYUNION ST MICHIGAN BLVD HARNBLVDN MYRTLE AVEPINEHURST RDCOURTNEY CAMPBELL CSWYN FT HARRISON AVEB E LT R EESST NEW YORK AVEMONTCLAIR RD SOLON AVE S MYRTLE AVEEVANS RD DRUID RD SFORESTLA KE S B LV D 9TH AVE NN SATURN AVES LAKE AVESAN CHRISTOPHER DR FLAGLE R DR ELMST MEMORIAL CSWY BROADWAYPAL M B L V DNBA Y S H O REBLVDPINE AVE NEN T ERPRISE R DINDIANROCKSRDKEENE RDS BAYSHORE BLVDCOMMERCEBLV DOAKLEAF BLVDNORTHSIDE DR SOULE RDCR 90REPUBLIC DROMAHA STPALMETTO ST VIRGINIA AVEG R E EN BR IA R B LVDBEACON PLACE DRLAKE HAVEN RDA LTIRAA VE14TH AVE SMANDALAY AVEOAK CREEK DR MIL RA YDRNHAGEN AVE SAN SALVADOR DR MANDALAY AVEBROADWAYCR 90MAIN ST SR 580 N BELCHER RDKEENE RDUNION ST MEMORIALCSWY CR 1PALMETTO ST City ofClearwater City ofDunedin City ofSafetyHarbor City ofOldsmar City ofLargo Town ofBelleair City ofBelleair Beach City ofClearwater City ofClearwater 2021/2022 ANNUAL ACTION PLAN Low & Moderate Income Areas £¤ !(590 19 !(611 !(1 !(60 !(580 !(590 £¤19 !(611 !(584 !(586 OldTampaBay GulfofMexico LakeChautauqua HarborLake JerryLake SafetyHarbor ClearwaterHarbor [ 0 0.5 10.25 Miles Water Bodies Other Incorporated Cities and Towns Unincorporated Pinellas County Major Roads City of Clearwater - Other Income Areas Data Source: LMISD by Block Group, Based on 2011-2015 ACS for the FY 2021 Entitlement CDBG Grantees; TIGER/Line® Shapefiles: Block Groups CITY OF CLEARWATER LakeBellevue NorthGreenwood LakeBellevue Neighborhood Revitalization Strategy Areas DowntownGateway City of Clearwater - Low/Mod Income Areas Block Groups with >= 51.0% Low/Mod Persons DowntownClearwater City ofDunedin Town ofBelleair !(1 !(60 JerryLake ClearwaterHarbor LakeBellevue NorthGreenwood LakeBellevue DowntownGateway City of Largo 026300.4 025800.3 025900.3 026200.1026200.2 026400.2 026101.3 025800.2 025900.1 026400.1 026102.2 025900.4 026101.2 DREW ST N KEENE RDUNION ST BELLEAIR RD LAKEVIEW RDN BETTY LNS KEENE RDS LAKE DRN HERCULES AVESUNSET POINT RD PALMETTO ST NURSERY RDN HIGHLAND AVEI SL A NDWAYEDGEWATER DRS FT HARRISON AVEKINGS HIGHWAYNFTHARRISONAVEMEMORIAL CSWY DRUID RD SFLAG L ER DRBROADWAY KEENE RDDRUID RD 2021/2022 ANNUAL ACTION PLAN Neighborhood Revitalization Strategy Areas [ 0 0.5 10.25 Miles Water Bodies Other Incorporated Cities and Towns Unincorporated Pinellas County Major Roads City of Clearwater - Other Income Areas Data Source: LMISD by Block Group, Based on 2011-2015 ACS for the FY 2021 Entitlement CDBG Grantees; TIGER/Line® Shapefiles: Block Groups CITY OF CLEARWATER Neighborhood Revitalization Strategy Areas City of Clearwater - Low/Mod Income Areas Block Groups with >= 51.0% Low/Mod Persons 3. SF-424 Forms and Certifications CITY OF CLEARWATER PLACEHOLDER CDBG Entitlement - $922,626 AMOUNT AMOUNT AMOUNT AMOUNT AMOUNT AMOUNT AMOUNT AMOUNT HOME Entitlement - $452,259 PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED RECOMMENDED SHIP Allocation - no avail as of4/21/21 cash bal @9/30/21 $818,000 CDBG HOME American Rescue Plan (ARP) - Awaiting Hud Guidance REVOLVING - REHAB REVOLVING - INFILL REVOLVING - E.D.SHIP TOTAL Public Facilities Improvements * CNHS Business Center Roof/Improvements (80.80)55,500.00$ HEP - Affordable Supportive Housing Upgrades (77.2)61,588.00$ Directions For Living (76.4)83,398.00$ St. Vincent de Paul CKRC (71.8)84,530.00$ HOPE Villages Grace House Renovation & Expansion (71.2)98,000.00$ PERC - Resource Center Programs Upgrades (69.4)98,000.00$ MLK Center Rehab (67.4)93,000.00$ R'Club Breeden and Gateway Projects (61.8 / 59.6)97,909.00$ TBD - Public Facilities Projects Subtotal 671,925.00$ -$ -$ -$ -$ -$ -$ 671,925.00$ Public Services Pinellas Opportunity Council - Chore Services (91.8)25,000.00$ Intercultural Advocacy Institute - Youth Leadership (91)25,000.00$ Gulfcoast Legal Services, Inc. - Legal Services (90)24,969.00$ The Kimberly Home - Resident Advisor Salary Support (85.8)22,722.00$ WestCare GulfCoast-Florida, Inc. - Turning Point (85.4)22,722.00$ Pinellas Ex-offender Re-entry Coalition (83.4)20,352.00$ Hope Villages of America - Grace House Operations (80.8)21,582.00$ SVDP Community Kitchen and Resource Center (72.4)19,213.00$ Education/Counseling Clearwater Neighborhood Housing Services, Inc.15,000.00$ Bright Community Trust 15,000.00$ Tampa Bay CDC 15,000.00$ (City staff may shift funds from one counseling agency to another) AMT AVAILABLE = $138,393 (15% of CDBG Allocation) plus $88,167 (15% of 2020/21 Program Income - $587,783 from NSP3 conversion)(Amount Subject to Rounding of Funding Available) Subtotal 226,560.00$ -$ -$ -$ -$ -$ -$ 226,560.00$ Administration City of Clearwater Administration - CDBG 184,525.00$ City of Clearwater Administration - HOME 45,225.00$ City of Clearwater Administration - SHIP 77,923.00$ City of Clearwater Administration - NSP3City of Clearwater - Admin From Program Income 9,800.00$ 8,250.00$ Subtotal 184,525.00$ 55,025.00$ -$ -$ -$ -$ 86,173.00$ 325,723.00$ Economic Development/Microenterprise Hispanic Business Initiative Fund of Florida, Inc. d/b/a/ Prospera (87)50,000.00$ Tampa Bay Black Business Investment Corp. (70.6)50,000.00$ Façade Improvement Program*129,866.00$ TBD - Economic Development Projects 233,670.00$ Subtotal 229,866.00$ -$ -$ -$ -$ 233,670.00$ -$ 463,536.00$ Housing Pool - New Const/Rehab/DPA Clearwater Neighborhood Housing Services - DPA/Loan Processing 7,875.00$ 2,625.00$ Tampa Bay CDC - DPA/Loan Processing 7,875.00$ 2,625.00$ Bright Community Trust - DPA/Loan Processing 7,875.00$ 2,625.00$ FY 2021-2022 ALLOCATIONS CDBG Entitlement - $922,626 AMOUNT AMOUNT AMOUNT AMOUNT AMOUNT AMOUNT AMOUNT AMOUNT HOME Entitlement - $452,259 PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED RECOMMENDED SHIP Allocation - no avail as of4/21/21 cash bal @9/30/21 $818,000 CDBG HOME American Rescue Plan (ARP) - Awaiting Hud Guidance REVOLVING - REHAB REVOLVING - INFILL REVOLVING - E.D.SHIP TOTAL FY 2021-2022 ALLOCATIONS Blue Sky - 610 Franlkin Street 610,000.00$ Washington Street Decelopment 880,000.00$ Owner-Occupied Land Acquisition 100,000.00$ 210,725.00$ 60,000.00$ Owner-Occupied Rehabilitation 100,000.00$ 322,263.00$ 110,000.00$ Owner-Occupied New Construction 442,839.00$ 216,956.00$ Multi-Family Rehabilitation 375,000.00$ 385,000.00$ 210,000.00$ Multi-Family New Construction 375,000.00$ 206,851.00$ Multi-Family Land Acquisition 357,384.00$ 100,000.00$ 60,000.00$ Down Payment Assistance 337,500.00$ 84,375.00$ Down Payment Assistance for Newly Constructed Homes 236,250.00$ 60,000.00$ CHDO Set-Aside 67,838.00$ TBD - Waiting on HUD Guidance 1,637,567.00$ Subtotal -$ 3,905,436.00$ 1,637,567.00$ 707,263.00$ 310,725.00$ -$ 1,016,057.00$ 7,577,048.00$ Revolving Loan Funds Owner-Occupied Rehabilitation -$ Owner-Occupied New Construction Subtotal -$ -$ -$ -$ -$ -$ -$ -$ TBD Projects Property Acquisition - slum & blght 180,884.00$ Subtotal 180,884.00$ -$ -$ -$ -$ -$ -$ 180,884.00$ ACTIVITY TOTAL 1,493,760.00$ 3,960,461.00$ 1,637,567.00$ 707,263.00$ 310,725.00$ 233,670.00$ 1,102,230.00$ 9,445,676.00$ Amount of Funding Available Prior Years Remaining Entitlement Funds (Carry-Over)518,654.00$ 1,659,387.00$ 203,000.00$ Prior Years Remaining Program Income (Carry-Over)24,980.00$ 1,698,815.00$ 639,263.00$ 307,125.00$ 233,670.00$ FY 21-22 Program Income (Estimated new PI to receive during FY 21-22)27,500.00$ 150,000.00$ -$ 68,000.00$ 3,600.00$ -$ 120,000.00$ FY 21-22 Entitlement Allocation 922,626.00$ 452,259.00$ 1,637,567.00$ -$ -$ -$ 779,230.00$ FUNDING TOTAL 1,493,760.00$ 3,960,461.00$ 1,637,567.00$ 707,263.00$ 310,725.00$ 233,670.00$ 1,102,230.00$ 9,445,676.00$ REMAINING BALANCE CARRYOVER INTO FY 22-23 -$ -$ -$ -$ -$ -$ -$ -$ * Notes: - Amounts indlude additional $3,000 for each public facility project for inspection fees - Amounts include additional $5,000 for each facade project for inspection fees 6/28/2021 10:15AM FY2021/22 ANNUAL ACTION PLAN JULY 15, 2021 CONSOLIDATEDPLAN (CONPLAN) Con Plan Required by HUD Every 3-5 Years New 5-Year Plan Began on 10/1/2020 Identifies Needs, Establishes Priorities Based on Data and Public Input Annual Action Plan Required Every Year Through Term of Con Plan Must Align with Con Plan Goals CON PLANOBJECTIVES Safe, Decent & Affordable Housing Low- to Moderate- Income Households Construct or Renovate Public Facilities Fund Public Service Programs Facilitate Economic Development GOALS •Housing •Homelessness •Non-Homeless Special Needs •Community Development & Public Services •Economic Development •Emergency Disaster ANNUAL ACTION PLAN PROCESS NOFA Issued For 30-Day Application Period FEB Technical Assistance Meeting for Non-Profits & Subrecipients Received 23 Applications MAR Technical Review Committee Meeting, TRC Rankings Determined Applicant Presentations at NAHAB Meeting APR Staff Recommended Allocations Approved by NAHAB MAY Draft AAP prepared 30-Day Public Review & Comment Period Begins JUNE 30-Day Public Comment Period Ends NAHAB Public Meeting City Council Public Meeting JUL Approved AAP is Due to HUD AUG ANTICIPATEDFunding PRIOR YEAR ENTITLEMENT ANTICIPATED ENTITLEMENT % CHANGE CDBG $837,233 $922,626 +10.2% HOME $431,344 $452,259 +4.8% Public Services •23 Applications Received •Funding Allocation For 3 Homebuyer Education Applicants •$15,000 per Applicant •Funding Allocations For 8 Public Service Providers Based on TRC Rankings •3 Tiers •Subject to Cap of 15% CDBG Entitlement plus 15% of Program Income for a Total Public Service Allocation of $226,560 Note: Conversion of NSP3 funds to CDBG provided for unusually high Program Income amount PUBLIC SERVICES RECOMMENDATIONS REQUESTED TOTAL PROPOSED CDBG InterCultural Advocacy Institute $25,000 $25,000 Pinellas Opportunity Council - Chore Services $25,000 $25,000 GulfCoast Legal Services $24,969 $24,969 Kimberly Home $25,000 $22,722 WestCare GulfCoast $25,000 $22,722 Pinellas Ex-Offender Re-Entry Coalition $22,630 $20,352 Hope Villages of America – Grace House Operations $25,000 $21,582 St. Vincent DePaul $22,631 $19,213 SUBTOTAL $195,230 $181,560 Public Services Education/Counseling PROPOSED CDBG PROPOSED HOME TOTAL CNHS $15,000 -$15,000 Bright Community Trust $15,000 -$15,000 Tampa Bay CDC $15,000 -$15,000 SUBTOTAL $45,000 PUBLIC FACILITIES PROPOSED CDBG CNHS Business Ctr Improvements $55,500 HEP Supportive Housing Upgrades $61,588 Directions for Living $83,398 St. Vincent DePaul $84,530 HOPE Villages of America $98,000 Pinellas Ex-Offender Re-Entry Coalition $98,000 MLK Center Rehabilitation $93,000 R’Club Breeden and Gateway Projects $97,909 TOTAL- PUBLIC FACILITIES $671,925 ADMINISTRATION Staff Salaries, Benefits, Other Allowed Expenses PROPOSED CDBG PROPOSED HOME TOTAL CDBG – 20% Entitlement $184,525 -$184,525 HOME – 10% of Entitlement -$45,225 $45,225 HOME – 10% of Program Income -$9,800 $9,800 TOTAL - ADMINISTRATION $239,550 ED / Microenterprise •Development/Support of Businesses, primarily in NRSAs •Technical Assistance and Façade Improvements PROPOSED CDBG Tampa Bay Black Business Invest. Corp $50,000 Hispanic Business Initiative Fund of Florida, Inc. (Prospera)$50,000 Façade Improvement Program $132,546 TBD Economic Development Projects $233,670 TOTAL – ED/MICROENTERPRISE $466,216 Housing Pool Acquisition, Demolition, New Construction, Rehabilitation, Down Payment Assistance/Loan Processing PROPOSED CDBG PROPOSED HOME CNHS - DPA/Loan Processing -$7,875 TBCDC – DPA/Loan Processing -$7,875 Bright Community Trust DPA/Loan Processing -$7,875 Available for Housing Projects $1,017,988 $3,881,811 TOTAL $1,017,988 $3,905,436 CHDO Community Housing Development Organization HOME Requires 15% Set Aside ($67,838) • HUD has Softened this Requirement • If Project Available, Will Utilize Dollars Next steps JUL 31: FINAL PLAN COMPLETE AUG 15: DEADLINE TO SUBMIT AAP TO HUD OCT 1: PROGRAM YEAR BEGINS For More Information •Chuck Lane, Assistant Director •Charles.Lane@myClearwater.com •727-562-4023 FY2021/22 ANNUAL ACTION PLAN JULY 15, 2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: Ord 9477-21 Agenda Date: 7/15/2021 Status: Public HearingVersion: 1 File Type: OrdinanceIn Control: Engineering Department Agenda Number: 8.3 SUBJECT/RECOMMENDATION: Approve the request from the property owner of 619, 629 and 631 Mandalay Avenue, Clearwater (Applicant), and the City of Clearwater (City), as their interests may appear, to vacate an abutting 15-foot platted alley described as: that 15 Foot Alley lying Easterly and adjacent to Lots 1, 2, 3, 4, and 5 in Block B and Westerly of Lot 9 in Block B of a replat of Lots 1, 2, 3, 4, Block 86 and Lots 1 to 8, inclusive, Block 85, of Mandalay Unit No.5, as recorded in Plat Book 20, Page 27, and Blocks 85A and 86A of a replat of Lots 1 to 8, inclusive, Block 83, Lots 11 to 20, inclusive, Block 84, Lots 9 to 16, inclusive, Block 85, Lots 5, 6, 7, Block 86, and all of Blocks 76 to 82, inclusive, and 87 of Unit No. 5, Mandalay, as Recorded in Plat Book 20, Page 48; which replat is recorded in Plat Book 21, Page 13, Public Records of Pinellas County, Florida , and pass Ordinance 9477-21 on first reading. (VAC2021-10) SUMMARY: The property owner of 619, 629 and 631 Mandalay Avenue, Clearwater is proposing to vacate an abutting 15-foot platted alley to the east of their property. The City is the owner of the two Lots to the south of 619, 629, and 631 Mandalay Ave., and in order to complete vacation of the entire platted alley in the subject area (the alley to the south has already been vacated), the City proposes vacation of the portion of the 15-foot platted alley abutting the city property to the east. The purpose of this vacation is to eliminate the alley which will assist the Applicant with density requirements in development of their site. The two additional property owners abutting the alley to the east have provided letters of no objection to the alley vacation. All property owners abutting the alley have agreed to grant Duke Energy and Frontier Communications their respective requested easements upon approval of the alley vacation ordinance. The City of Clearwater is also the owner of McKay Park which abuts the proposed alley to be vacated to the south. City stakeholders have reviewed this proposed alley vacation and have no objection. Page 1 City of Clearwater Printed on 7/14/2021 [RE15-1313-080/271425/1] 1 Ord. No. 9477-21 ORDINANCE NO. 9477-21 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING A 15 FOOT WIDE PLATTED ALLEY DESCRIBED AS THAT 15 FOOT ALLEY LYING EASTERLY AND ADJACENT TO LOTS 1, 2, 3, 4, AND 5 IN BLOCK “B” AND WESTERLY OF LOT 9 IN BLOCK “B” OF A REPLAT OF LOTS 1, 2, 3, 4, BLOCK 86 AND LOTS 1 TO 8, INCLUSIVE, BLOCK 85 OF MANDALAY UNIT NO. 5, AS RECORDED IN PLAT BOOK 20, PAGE 27, AND BLOCKS 85A AND 86A OF A REPLAT OF LOTS 1 TO 8, INCLUSIVE, BLOCK 83, LOTS 11 TO 20, INCLUSIVE, BLOCK 84, LOTS 9 TO 16, INCLUSIVE, BLOCK 85, LOTS 5, 6, 7, BLOCK 86, AND ALL OF BLOCKS 76 TO 82, INCLUSIVE, AND 87 OF UNIT NO. 5, MANDALAY, AS RECORDED IN PLAT BOOK, 20, PAGE 48; WHICH REPLAT IS RECORDED IN PLAT BOOK 21, PAGE 13, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner in fee title of certain real property described as Lot 1 Block B, Lot 2 Block B and Lot 3 Block B, which abut a platted alley as depicted in Exhibit “A” (attached hereto and incorporated herein), have requested that the City vacate said alley; and WHEREAS, the City is the owner of Lot 4 Block B, and Lot 5 Block B, abutting a portion of the subject platted alley to the South of Lot 1 Block B, Lot 2 Block B, Lot 3 Block B, which, as a result of Applicant’s requested vacation would become the only portion of the platted alley remaining; and WHEREAS, the City therefore requests the portion of platted alley abutting City property be vacated also; 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, [RE15-1313-080/271425/1] 2 Ord. No. 9477-21 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, and the City of Clearwater releases all of its right, title and interest thereto, subject to its remaining fee simple interest, which is expressly reserved hereby. The effectiveness of the vacation is contingent upon, and subject to, the following condition precedent: 1. That all Property Owners abutting the vacated alley in Exhibit “A” shall grant individual easements to Duke Energy Florida, Inc. (doing business as “Duke Energy”) and Frontier Communications, as may be requested by said providers, the location and terms of which are acceptable to the respective utility providers. Section 2. The City Clerk shall record this ordinance in the Public Records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING ________________________________ PASSED ON SECOND AND FINAL READING AND ADOPTED ________________________________ ________________________________ Frank Hibbard Mayor Approved as to form: Attest: ________________________________ ________________________________ Laura Lipowski Mahony Rosemarie Call Senior Assistant City Attorney City Clerk 613 629 631 ROYAL WAY MANDALAY AVE POINSETTIA AVE 619 622 636 611 AERIAL MAP PROPOSED 15' x 244'ALLEY VACATION N.T.S.Scale: Document Path: C:\Users\Kieffer.Nyland\City of Clearwater\Engineering Geographic Technology - Location Maps\619_Mandalay_AlleyVac.mxd Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com Proposed Alley Vacation619 Mandalay Ave. Page 1 of 1Aerial Flown 2019 Date:6/14/2021KNMap Gen By:258AGrid #:05-29s-15eS-T-R:RBReviewed By: Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ANX2021-04005a Agenda Date: 7/15/2021 Status: Public HearingVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 8.4 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 1732 Evans Drive; the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1800 Diane Drive; and pass Ordinances 9463-21, 9464-21, and 9465-21 on first reading. (ANX2021-04005) SUMMARY: These voluntary annexation petitions involve two parcels of land totaling 0.382-acres. The two parcels are occupied by single-family dwellings. The properties are located generally south of Sunset Point Road, west of McMullen Booth Road, north of SR 590, and east of US Highway 19 North. The applicants are requesting annexation in order to receive sanitary sewer and solid waste service from the City. The properties are located within an enclave and are contiguous to existing city limits in at least one direction. It is proposed that the property located at 1732 Evans Drive be assigned Future Land Use Map designations of Residential Low (RL) and Water/Drainage Feature Overlay, and a Zoning Atlas designation of Low Medium Density Residential (LMDR), and the property located at 1800 Diane Drive be assigned a Future Land Use Map designation of Residential Low (RL) and a Zoning Atlas designation of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexations are consistent with the provisions of Community Development Code Section 4-604.E as follows: ·The properties currently receive water service from Pinellas County. The closest sanitary sewer lines are located in the adjacent Diane Drive and Evans Drive rights-of-way. The applicants have paid the City's sewer impact and assessment fees and are aware of the additional costs to extend city sewer service to these properties . Collection of solid waste will be provided by the City of Clearwater. The properties are located within Police District III and service will be administered through the district headquarters located at 2851 North McMullen Booth Road. Fire and emergency medical services will be provided to these properties by Station #48 located at 1700 North Belcher Road. The City has adequate capacity to serve these properties with sanitary sewer, solid waste, police, fire and EMS service. The properties will continue to receive water service from Pinellas County. The proposed annexations will not have an adverse effect on public facilities and their levels of service; and ·The proposed annexations are consistent with and promote the following objectives and policy of the Clearwater Comprehensive Plan: Page 1 City of Clearwater Printed on 7/14/2021 File Number: ANX2021-04005a Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. ·The proposed Residential Low (RL) Future Land Use Map category is consistent with the current Countywide Plan designation of the properties. This designation primarily permits residential uses at a density of 5 units per acre. The proposed Water/Drainage Feature Overlay to be applied to 1732 Evans Drive recognizes the drainage easement along the western boundary of the property. The proposed zoning district to be assigned to the properties is the Low Medium Density Residential (LMDR) District. The use of the subject properties is consistent with the uses allowed in the District and the properties exceed the District’s minimum dimensional requirements. The proposed annexations are therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and ·The properties proposed for annexation are contiguous to existing city limits in at least one direction; therefore, the annexations are consistent with Florida Statutes Chapter 171.044. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 7/14/2021 Ordinance No. 9463-21 ORDINANCE NO. 9463-21 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTIES LOCATED GENERALLY SOUTH OF SUNSET POINT ROAD, WEST OF MCMULLEN BOOTH ROAD, NORTH OF SR 590, AND EAST OF US HIGHWAY 19 NORTH, WHOSE POST OFFICE ADDRESSES ARE 1800 DIANE DRIVE AND 1732 EVANS DRIVE, ALL WITHIN CLEARWATER, FLORIDA 33759, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owners of the real properties described herein and depicted on the map attached hereto as Exhibit B have petitioned the City of Clearwater to annex the properties into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described properties are hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: See attached Exhibit A for Legal Descriptions (ANX2021-04005) 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. 9463-21 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A LEGAL DESCRIPTIONS ANX2021-04005 ========================================================================================= 1. 05-29-16-13554-009-0100 Lot 10, Block I, CARLTON TERRACE FIRST ADDITION, according to the map or plat thereof as recorded in Plat Book 43, Page 39, Public Records of Pinellas County, Florida. 2. 05-29-16-94392-007-0090 LOT NINE (9), BLOCK SEVEN (7), VIRGINIA GROVE TERRACE FOURTH ADDITION, according to the map or plat thereof as recorded in Plat Book 37, Page 75, of the public records of Pinellas County, Florida. Exhibit B 13554 94392943749435694338 98470 J L A 7 6 6 5 5 4 4 3 3 3 8 9 10 11 23 24 25 26 27 5 6 7 8 9 10 11 12 5 6 7 8 9 10 11 12 5 6 7 8 9 10 11 12 6 7 8 9 10 11 12 13 1 2 3 45 6 789 10 6 7 8 9 10 11 12 13 14 15 16 1728 29 30 31 32 33 34 35 36 7 8 9 10 11 12 13 14 15 16 17 18 345678910111213141516 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 1516 17 18 19 20 21 22 23 24 1 2 3 4 5 6 8 910 16171819 DRAINAGE & CONSV ES 1 EVANS DR MORNINGSIDE DR OWEN DR N TERRACE DR LUCAS DR GROVE DR THOMAS DR DIANE DR MARILYN DR SKYLAND DR OWEN DR 1737 1733 1734 1749 1741 1724 1746 1725 1753 1760 1745 1729 1752 1747 1741 17652731 2752275827342781277317592737 1737 1745 27641728 1819 27002738276227191733 27701785 27182724272027492711272417372746 1810 17332678 1729271027232747 276727151749 1736 17292689 275517322707 1725272526841753 1730 17212701 274027101732 1834 267227591741 1801 1754 1755276127302683267727142743 1736 1826 1818 17211721 1737 1728 1732 1750 1806 1754 1733 1747 1736 1728 1740 1741 1736 1725 1809 1819 1750 1768 1724 1729 1764 1800 1744 17562682 175 1812 1740 1807 175327841813 1817 1772 1808 1767 1728 1 8 3 5 1778 1807 1818 1 8 42 1736 27511742 1724 181818191819 1740 1806 1744 1758 1740 18131812 1724 1748 1779 1761 1749 1760 27851733 1806 1752 1746 1737 1755 1721 1766 1807 1813 1818 1743 1754 1818 27901812 27771773 1819 27731807 18271813 -Not to Scale--Not a Survey-Rev. 4/9/2021 PROPOSED ANNEXATION Owner(s): Joan L Anthony Kristine Parton Case: ANX2021-04005 Site: 1800 Diane Drive 1732 Evans Drive Property Size(Acres): ROW (Acres): 0.382 Land Use Zoning PIN: 05-29-16-13554-009-0100 05-29-16-94392-007-0090 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 264A To: Residential Low (RL), Water/Drainage Feature Overlay Low Medium Density Residential (LMDR) Ordinance No. 9464-21 ORDINANCE NO. 9464-21 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 PROPERTIES LOCATED GENERALLY SOUTH OF SUNSET POINT ROAD, WEST OF MCMULLEN BOOTH ROAD, NORTH OF SR 590, AND EAST OF US HIGHWAY 19 NORTH, WHOSE POST OFFICE ADDRESSES ARE 1800 DIANE DRIVE AND 1732 EVANS DRIVE, ALL WITHIN CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL); AND WATER/DRAINAGE FEATURE OVERLAY, PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Future Land Use Element of the Comprehensive Plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Future Land Use Element of the Comprehensive Plan of the City of Clearwater is amended by designating the land use categories for the hereinafter described properties, upon annexation into the City of Clearwater, as follows: Property Land Use Category See attached Exhibit A for Legal Descriptions Residential Low (RL); Water/Drainage Feature Overlay (ANX2021-04005) 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. 9463-21. Ordinance No. 9464-21 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A LEGAL DESCRIPTIONS ANX2021-04005 ========================================================================================= 1. 05-29-16-13554-009-0100 Lot 10, Block I, CARLTON TERRACE FIRST ADDITION, according to the map or plat thereof as recorded in Plat Book 43, Page 39, Public Records of Pinellas County, Florida. 2. 05-29-16-94392-007-0090 LOT NINE (9), BLOCK SEVEN (7), VIRGINIA GROVE TERRACE FOURTH ADDITION, according to the map or plat thereof as recorded in Plat Book 37, Page 75, of the public records of Pinellas County, Florida. Exhibit B 13554 94392943749435694338 98470 J L A 7 6 6 5 5 4 4 3 3 3 8 9 10 11 23 24 25 26 27 5 6 7 8 9 10 11 12 5 6 7 8 9 10 11 12 5 6 7 8 9 10 11 12 6 7 8 9 10 11 12 13 1 2 3 45 6 789 10 6 7 8 9 10 11 12 13 14 15 16 1728 29 30 31 32 33 34 35 36 7 8 9 10 11 12 13 14 15 16 17 18 345678910111213141516 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 1516 17 18 19 20 21 22 23 24 1 2 3 4 5 6 8 910 16171819 DRAINAGE & CONSV ES 1 RL RL RL RL RL RL RL RL RL RLRL RL RL RL P P P P EVANS DR MORNINGSIDE DR OWEN DR N TERRACE DR LUCAS DR GROVE DR THOMAS DR DIANE DR MARILYN DR SKYLAND DR OWEN DR 1733 1734 1749 1724 1746 1725 1753 1760 1745 1729 1752 1747 17652731 27522758278127731759 1737 1745 27641728 1819 27002738276227191733 27701785 2718272027492711272417372746 1810 17332678 1729271027232747 276727151749 1736 17292689 275517322707 1725272526841753 1730 17212701 27401732 1834 267227591801 1754 175527612730268326772714 1736 1826 1818 17211721 1737 1728 1737 1732 1750 1806 1754 1741 1733 1747 1736 1728 1740 1741 1736 1725 1809 1819 1750 1768 1724 1729 1764 1800 1744 17562682 175 1812 1740 1807 17532784 1741 1813 1817 1772 1808 1767 17282734 1 8 3 5 1778 1807 27371818 1 8 4 2 1736 27511742 1724 2724181818191819 1740 1806 1744 1758 1740 18131812 1724 1748 1779 1761 1749 1760 27851733 1806 1752 1746 1737 1755 1721 1766 27101807 1813 1818 1743 1754 1741 1818 27901812 27771773 1819 27731807 27431821813 -Not to Scale--Not a Survey-Rev. 4/9/2021 PROPOSED FUTURE LAND USE MAP Owner(s): Joan L Anthony Kristine Parton Case: ANX2021-04005 Site: 1800 Diane Drive 1732 Evans Drive Property Size(Acres): ROW (Acres): 0.382 Land Use Zoning PIN: 05-29-16-13554-009-0100 05-29-16-94392-007-0090 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 264A To: Residential Low (RL), Water/Drainage Feature Overlay Low Medium Density Residential (LMDR) Ordinance No. 9465-21 ORDINANCE NO. 9465-21 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTIES LOCATED GENERALLY SOUTH OF SUNSET POINT ROAD, WEST OF MCMULLEN BOOTH ROAD, NORTH OF SR 590, AND EAST OF US HIGHWAY 19 NORTH, WHOSE POST OFFICE ADDRESSES ARE 1800 DIANE DRIVE AND 1732 EVANS DRIVE, ALL WITHIN CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described properties located in Pinellas County, Florida, are hereby zoned as indicated upon annexation into the City of Clearwater, and the Zoning Atlas of the City is amended, as follows: The map attached as Exhibit B is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the Zoning Atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9463-21. Property Zoning District See attached Exhibit A for Legal Descriptions Low Medium Density Residential (LMDR) (ANX2021-04005) Ordinance No. 9465-21 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A LEGAL DESCRIPTIONS ANX2021-04005 ========================================================================================= 1. 05-29-16-13554-009-0100 Lot 10, Block I, CARLTON TERRACE FIRST ADDITION, according to the map or plat thereof as recorded in Plat Book 43, Page 39, Public Records of Pinellas County, Florida. 2. 05-29-16-94392-007-0090 LOT NINE (9), BLOCK SEVEN (7), VIRGINIA GROVE TERRACE FOURTH ADDITION, according to the map or plat thereof as recorded in Plat Book 37, Page 75, of the public records of Pinellas County, Florida. Exhibit B 13554 94392943749435694338 98470 J L A 7 6 6 5 5 4 4 3 3 3 8 9 10 11 23 24 25 26 27 5 6 7 8 9 10 11 12 5 6 7 8 9 10 11 12 5 6 7 8 9 10 11 12 6 7 8 9 10 11 12 13 1 2 3 45 6 789 10 6 7 8 9 10 11 12 13 14 15 16 28 29 30 31 32 33 34 35 36 7 8 9 10 11 12 13 14 15 16 17 18 345678910111213141516 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 1516 17 18 19 20 21 22 23 24 1 2 3 4 5 6 8 910 16171819 DRAINAGE & CONSV ES 1 EVANS DR MORNINGSIDE DR OWEN DR N TERRACE DR LUCAS DR GROVE DR THOMAS DR DIANE DR MARILYN DR SKYLAND DR OWEN DR LMDR 1737 1733 1734 1749 1741 1724 1746 1725 1753 1760 1745 1729 1752 1747 1741 17652731 2752275827342781277317592737 1737 1745 27641728 1819 27002738276227191733 27701785 27182724272027492711272417372746 1810 17332678 172927102723 276727151749 1736 17292689 275517322707 17252725268417532701274027101732 1834 267227591741 1801 1754 1755276127302683267727142743 1736 1826 P LMDR P LMDR MDR P 1818 1737 1728 1732 1750 1806 1754 1733 1747 1736 1728 1740 1741 1736 1725 1809 1819 1750 1768 1724 1729 1764 1800 1744 17562682 175 1812 1740 1807 175327841813 1817 1772 1808 1767 1728 1 8 3 5 1778 1807 1818 1 8 4 2 1736 27511742 1724 181818191819 1740 1806 1744 1758 1740 18131812 1724 1748 1779 1761 1749 27471760 27851733 1806 1752 1746 1737 1755 1766 1807 1813 1818 1743 1754 1818 27901812 27771773 1819 27731807 1821813 -Not to Scale--Not a Survey-Rev. 4/9/2021 PROPOSED ZONING MAP Owner(s): Joan L Anthony Kristine Parton Case: ANX2021-04005 Site: 1800 Diane Drive 1732 Evans Drive Property Size(Acres): ROW (Acres): 0.382 Land Use Zoning PIN: 05-29-16-13554-009-0100 05-29-16-94392-007-0090 From : Residential Low (RL) 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 DIANE DR LUCAS 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 COUNTRY LN EDIANE 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. 4/9/2021 PROJECT SITE ^ LOCATION MAP Owner(s): Joan L Anthony Kristine Parton Case: ANX2021-04005 Site: 1800 Diane Drive 1732 Evans Drive Property Size(Acres): ROW (Acres): 0.382 Land Use Zoning PIN: 05-29-16-13554-009-0100 05-29-16-94392-007-0090 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 264A To: Residential Low (RL), Water/Drainage Feature Overlay Low Medium Density Residential (LMDR) EVANS DR EVANS DR MORNINGSIDE DR MORNINGSIDE DR OWEN DR OWEN DR N TERRACE DRN TERRACE DR LUCAS DR LUCAS DR GROVE DR GROVE DR THOMAS DR THOMAS DR DIANE DR DIANE DR MARILYN DR MARILYN DR SKYLAND DR SKYLAND DR OWEN DR OWEN DR -Not to Scale--Not a Survey-Rev. 4/9/2021 AERIAL PHOTOGRAPH Owner(s): Joan L Anthony Kristine Parton Case: ANX2021-04005 Site: 1800 Diane Drive 1732 Evans Drive Property Size(Acres): ROW (Acres): 0.382 Land Use Zoning PIN: 05-29-16-13554-009-0100 05-29-16-94392-007-0090 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 264A To: Residential Low (RL), Water/Drainage Feature Overlay Low Medium Density Residential (LMDR) 13554 94392943749435694338 98470 J L A 7 6 6 5 5 4 4 3 3 3 8 9 10 11 23 24 25 26 27 5 6 7 8 9 10 11 12 5 6 7 8 9 10 11 12 5 6 7 8 9 10 11 12 6 7 8 9 10 11 12 13 1 2 3 45 6 789 10 6 7 8 9 10 11 12 13 14 15 16 1728 29 30 31 32 33 34 35 36 7 8 9 10 11 12 13 14 15 16 17 18 345678910111213141516 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 1516 17 18 19 20 21 22 23 24 1 2 3 4 5 6 8 910 16171819 DRAINAGE & CONSV ES 1 EVANS DR MORNINGSIDE DR OWEN DR N TERRACE DR LUCAS DR GROVE DR THOMAS DR DIANE DR MARILYN DR SKYLAND DR OWEN DR 1737 1733 1734 1749 1741 1724 1746 1725 1753 1760 1745 1729 1752 1747 1741 17652731 2752275827342781277317592737 1737 1745 27641728 1819 27002738276227191733 27701785 27182724272027492711272417372746 1810 17332678 1729271027232747 276727151749 1736 17292689 275517322707 1725272526841753 1730 17212701 274027101732 1834 267227591741 1801 1754 1755276127302683267727142743 1736 1826 1818 17211721 1737 1728 1732 1750 1806 1754 1733 1747 1736 1728 1740 1741 1736 1725 1809 1819 1750 1768 1724 1729 1764 1800 1744 17562682 175 1812 1740 1807 175327841813 1817 1772 1808 1767 1728 1 8 3 5 1778 1807 1818 1 8 4 2 1736 27511742 1724 181818191819 1740 1806 1744 1758 1740 18131812 1724 1748 1779 1761 1749 1760 27851733 1806 1752 1746 1737 1755 1721 1766 1807 1813 1818 1743 1754 1818 27901812 27771773 1819 27731807 18271813 -Not to Scale--Not a Survey-Rev. 4/9/2021 EXISTING SURROUNDING USES MAP Owner(s): Joan L Anthony Kristine Parton Case: ANX2021-04005 Site: 1800 Diane Drive 1732 Evans Drive Property Size(Acres): ROW (Acres): 0.382 Land Use Zoning PIN: 05-29-16-13554-009-0100 05-29-16-94392-007-0090 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 264A To: Residential Low (RL), Water/Drainage Feature Overlay Low Medium Density Residential (LMDR) Single Family Residential Single Family Residential Single Family Residential Single Family Residential Single Family Residential ANX2021-04005 Warren David Patterson & Edith Ann Patterson Trust 1732 Evans Drive View looking west at subject property, 1732 Evans Drive South of subject property North of subject property East of subject property, across Evans Drive View looking northerly along Evans Drive View looking southerly along Evans Drive ANX2021-04005 Joan L. Anthony 1800 Diane Drive View looking west at subject property, 1800 Diane Drive South of subject property North of subject property East of subject property, across Diane Drive View looking northerly along Diane Drive View looking southerly along Diane Drive Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ANX2021-04006a Agenda Date: 7/15/2021 Status: Public HearingVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 8.5 SUBJECT/RECOMMENDATION: 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 2248 NE Coachman Road, together with certain abutting right-of-way of NE Coachman Road (SR 590) and pass Ordinances 9466-21, 9467-21, and 9468-21 on first reading. (ANX2021-04006) SUMMARY: This voluntary annexation petition involves a 0.158-acre property consisting of one parcel of land occupied by a single-family dwelling. The property is located on the northeast corner of Berkley Place and NE Coachman Road (SR 590). The applicant is requesting annexation in order to receive sanitary sewer and solid waste service from the City. The Development Review Committee is proposing that the 0.005-acres of abutting NE Coachman Road (SR 590) right-of-way not currently within the city limits also be annexed. The property is located within an enclave and is contiguous to existing city boundaries to the north, west and south. 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 Pinellas County. The closest sanitary sewer line is located in the adjacent Berkley Place 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 III and service will be administered through the district headquarters located at 2851 McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station #48 located at 1700 N. Belcher Road. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The property will continue to receive water service from Pinellas County. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and ·The proposed annexation is consistent with and promotes the following objectives and policy of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City’s tax base through the annexation Page 1 City of Clearwater Printed on 7/14/2021 File Number: ANX2021-04006a 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 to the north, west and south; 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 7/14/2021 Ordinance No. 9466-21 ORDINANCE NO. 9466-21 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE NORTHEAST CORNER OF BERKLEY PLACE AND NE COACHMAN ROAD (SR 590), WHOSE POST OFFICE ADDRESS IS 2248 NE COACHMAN ROAD, CLEARWATER, FLORIDA 33765, TOGETHER WITH CERTAIN NE COACHMAN ROAD (SR 590) RIGHT-OF- WAY, 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 Descriptions. (ANX2021-04006) 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. PASSED ON FIRST READING Ordinance No. 9466-21 PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A LEGAL DESCRIPTION ANX2021-04006 ========================================================================================= Lot 6, Block “D”, Palmetto Terrace, according to the Map or Plat thereof as recorded in Plat Book 39, Page 75, of the Public Records of Pinellas County, Florida. Together with: All unincorporated portion of Right-of-Way of NE Coachman Road (SR 590), abutting Lot 6, Block “D”, of said Palmetto Terrace. Exhibit B 260000375 3365898C A D 5 6 7 8 9 1011121314 1 2 3 4 5 6 5 6 7 5 6 7 8 9 10 11 12 13 14 15 16 17 18 32/01 2.4 336 553(S)401.22988.4685(S )VAC AC(C) N E C O A C H M A N R D (S R -590)BERKLEY PL H E M E R IC K P L PALMETTO ST ARLINGTON PL 921 911 901 910 831 2 2 2 0 2 2 3 2 2 2 3 6 2 2 1 6 2 2 3 5 2 2 3 2 2 2 3 3 2 2 4 022132217 22362221223022132224225422232229811 8 0 0 810 2 2 4 8 2 2 4 8 2 2 2 1 2 2 1 7 2 2 2 8 2 2 2 5 2 2 2 4 2 2 2 9 2 2 3 7 2 2 2 4 22422248-Not to Scale--Not a Survey-Rev. 4/9/2021 PROPOSED ANNEXATION MAP Owner(s): Jennifer Martin Case: ANX2021-04006 Site: 2248 NE Coachman Road Property Size(Acres): ROW (Acres): 0.158 0.005 Land Use Zoning PIN: 07-29-16-65898-004-0060 From : Residential Urban (RU) R-3 Single Family Residential Atlas Page: 281A To: Residential Urban (RU) Low Medium Density Residential (LMDR) Ordinance No. 9467-21 ORDINANCE NO. 9467-21 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 NORTHEAST CORNER OF BERKLEY PLACE AND NE COACHMAN ROAD (SR 590), WHOSE POST OFFICE ADDRESS IS 2248 NE COACHMAN ROAD, CLEARWATER, FLORIDA 33765, 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 6, Block “D”, Palmetto Terrace, according to the Map or Plat thereof as recorded in Plat Book 39, Page 75, of the Public Records of Pinellas County, Florida. Residential Urban (RU) (ANX2021-04006) 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. 9466-21. Ordinance No. 9467-21 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A 260000375 3365898C A D 5 6 7 8 9 1011121314 1 2 3 4 5 6 5 6 7 5 6 7 8 9 10 11 12 13 14 15 16 17 18 32/01 2.4 336 553(S)401.22988.4685(S)VAC AC(C) N E C O A C H M A N R D (S R -590)BERKLEY PL H E M E R IC K P L PALMETTO ST ARLINGTON PL I RU RERU RU RU RE 921 911 901 910 831 2 2 2 0 2 2 3 2 2 2 3 6 2 2 1 6 2 2 3 5 2 2 3 2 2 2 3 3 2 2 4 02217 22362221223022132224225422232229811 8 0 0 810 2 2 4 8 2 2 4 8 2 2 2 1 2 2 1 7 2 2 2 8 2 2 2 5 2 2 2 4 2 2 2 9 2 2 3 7 2 2 2 42213 22422248-Not to Scale--Not a Survey-Rev. 4/9/2021 PROPOSED FUTURE LAND USE MAP Owner(s): Jennifer Martin Case: ANX2021-04006 Site: 2248 NE Coachman Road Property Size(Acres): ROW (Acres): 0.158 0.005 Land Use Zoning PIN: 07-29-16-65898-004-0060 From : Residential Urban (RU) R-3 Single Family Residential Atlas Page: 281A To: Residential Urban (RU) Low Medium Density Residential (LMDR) Ordinance No. 9468-21 ORDINANCE NO. 9468-21 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE NORTHEAST CORNER OF BERKLEY PLACE AND NE COACHMAN ROAD (SR 590), WHOSE POST OFFICE ADDRESS IS 2248 NE COACHMAN ROAD, CLEARWATER, FLORIDA 33765, 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. 9466-21. Property Zoning District Lot 6, Block “D”, Palmetto Terrace, according to the Map or Plat thereof as recorded in Plat Book 39, Page 75, of the Public Records of Pinellas County, Florida. Low Medium Density Residential (LMDR) (ANX2021-04006) Ordinance No. 9468-21 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A 260000375 3365898C A D 5 6 7 8 9 1011121314 1 2 3 4 5 6 4 5 6 7 5 6 7 8 9 10 11 12 13 14 15 16 17 18 32/01 2.4 33 553(S)401.22988.4685(S )VAC AC(C) N E C O A C H M A N R D (S R -590)BERKLEY PL H E M E R IC K P L PALMETTO ST ARLINGTON PL I LMDR LMDR LMDR 831 901 911 910 921 2 2 3 3 2 2 3 6 2 2 3 2 2 2 4 0 2 2 2 0 2 2 3 2 2 2 1 6 2 2 3 522132213223022172224 22542221811810 8 0 0 2 2 4 8 2 2 2 1 2 2 2 5 2 2 1 7 2 2 2 4 2 2 2 9 2 2 2 8 2 2 2 4 2 2 3 7 2 2 4 8 22422223224822362229-Not to Scale--Not a Survey-Rev. 4/19/2021 PROPOSED ZONING MAP Owner(s): Jennifer Martin Case: ANX2021-04006 Site: 2248 NE Coachman Road Property Size(Acres): ROW (A ) 0.158 .005 Land Use Zoning PIN: 07-29-16-65898-004-0060 From : Residential Urban (RU) R-3 Single Family Residential Atlas Page: 281A To: Residential Urban (RU) Low Medium Density Residential (LMDR) N E C O A C H M A N R D (S R -5 90 )N BELCHER RD PALMETTO ST LAKE FOREST RD ANNA AVE TERRACE DR N SHARKEY RD COLLEGE HILL DR FOREST GLEN RD LORENA LN H E M E R IC K P L ARLINGTON PL MACKENZIE CT SHARKEY RD CANDLER RD BERKLEY PL VARSITY DR ARILYN ST ACORN CT OAKMOUNT RD ATOR CREEK RD ACE DR EPROJECT SITE -Not to Scale--Not a Survey-Rev. 4/9/2021 LOCATION MAP Owner(s): Jennifer Martin Case: ANX2021-04006 Site: 2248 NE Coachman Road Property Size(Acres): ROW (Acres): 0.158 0.005 Land Use Zoning PIN: 07-29-16-65898-004-0060 From : Residential Urban (RU) R-3 Single Family Residential Atlas Page: 281A To: Residential Urban (RU) Low Medium Density Residential (LMDR) BERKLEY PL BERKLEY PL N E C O A C H M A N R D N E C O A C H M A N R D H E ME R IC K P L H E ME R IC K P L ARLINGTON PL ARLINGTON PL -Not to Scale--Not a Survey-Rev. 4/9/2021 AERIAL PHOTOGRAPH Owner(s): Jennifer Martin Case: ANX2021-04006 Site: 2248 NE Coachman Road Property Size(Acres): ROW (Acres): 0.158 0.005 Land Use Zoning PIN: 07-29-16-65898-004-0060 From : Residential Urban (RU) R-3 Single Family Residential Atlas Page: 281A To: Residential Urban (RU) Low Medium Density Residential (LMDR) 260000375 3365898C A D 5 6 7 8 9 1011121314 1 2 3 4 5 6 5 6 7 5 6 7 8 9 10 11 12 13 14 15 16 17 18 32/01 2.4 336 553(S)401.22988.4685(S )VAC AC(C) N E C O A C H M A N R D (S R -590)BERKLEY PL H E M E R IC K P L PALMETTO ST ARLINGTON PL 921 911 901 910 831 2 2 2 0 2 2 3 2 2 2 3 6 2 2 1 6 2 2 3 5 2 2 3 2 2 2 3 3 2 2 4 022132217 22362221223022132224225422232229811 8 0 0 810 2 2 4 8 2 2 4 8 2 2 2 1 2 2 1 7 2 2 2 8 2 2 2 5 2 2 2 4 2 2 2 9 2 2 3 7 2 2 2 4 22422248-Not to Scale--Not a Survey-Rev. 4/9/2021 EXISTING SURROUNDING USES MAP Owner(s): Jennifer Martin Case: ANX2021-04006 Site: 2248 NE Coachman Road Property Size(Acres): ROW (Acres): 0.158 .005 Land Use Zoning PIN: 07-29-16-65898-004-0060 From : Residential Urban (RU) R-3 Single Family Residential Atlas Page: 281A To: Residential Urban (RU) Low Medium Density Residential (LMDR) Single Family Residential Single Family Residential Institutional Vacant ANX2021-04006 Jennifer Martin 2248 NE Coachman Road View looking north at subject property, 2248 NE Coachman Rd. West of subject property East of subject property South of subject property, across NE Coachman Road View looking easterly along NE Coachman Road View looking westerly along NE Coachman Road Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ANX2021-05007 Agenda Date: 7/15/2021 Status: Public HearingVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 8.6 SUBJECT/RECOMMENDATION: Continue to a date uncertain: Approve the annexation, initial Future Land Use Map designation of Industrial Limited (IL) and initial Zoning Atlas designation of Industrial, Research and Technology (IRT) District for 1223 N. Hercules Avenue, Unit A, together with certain right-of-way of N. Hercules Avenue and pass Ordinances 9469-21, 9470-21, and 9471-21 on first reading. (ANX2021-05007) SUMMARY: This voluntary annexation petition involves a 0.27-acre property consisting of one parcel of land occupied by a manufacturing use. The subject property is located on the east side of N . Hercules Avenue, approximately 360 feet south of Range Road, and is part of a larger site consisting of two parcels, #A and #B, with parcel #B currently located within city limits. Parcel #B was annexed into the City in 1979; however, the current parcel lines bifurcate both of the buildings on both parcels. The applicant is requesting annexation, and once both parcels are in the City’s jurisdiction, the applicant intends to plat the property in order to adjust the parcel lines with the intent to sell the subject property upon plat approval. The Development Review Committee is proposing that the 2.76 acres of the N. Hercules Avenue right-of-way south of the southern right-of-way line of Range Road not currently within the city also be annexed. The property is located in an enclave and is contiguous to city boundaries on all sides. The annexation will eliminate an enclave. It is proposed that the property be assigned a Future Land Use Map designation of Industrial Limited (IL) and a Zoning Atlas designation of Industrial, Research & Technology (IRT). 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. The closest sanitary sewer line is located in the adjacent N. Hercules Avenue right-of-way, and the applicant is aware of the required sewer impact and assessment fees that must be paid in full prior to connection and of the additional costs to extend to the City ’s sewer system. The applicant has chosen not to connect to sanitary sewer at this time and is aware of the associated monthly availability fee. Collection of solid waste will be provided by the City of Clearwater. The property is located within Police District III and service will be administered through the district headquarters located at 2851 N. McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station #48 located at 1700 N. Belcher Road. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire, and EMS service. The property will continue to receive water service from the City. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and Page 1 City of Clearwater Printed on 7/14/2021 File Number: ANX2021-05007 ·The proposed annexation is consistent with and promotes the following objectives 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. ·The annexation of the property is consistent with the City’s Economic Development Strategic Plan (August 2011): Strategy 1.4 Expand the use of the Industrial, Research and Technology District (IRT). Action 4: Protect existing industrial land in the city from converting to other uses. ·The proposed Industrial Limited (IL) Future Land Use Map category is consistent with the current Countywide Plan designation of the property. This designation primarily permits light and medium manufacturing uses at an intensity of 0.65 FAR. The proposed zoning district to be assigned to the property is the Industrial, Research & Technology (IRT) District. The use of the subject property is consistent with the uses allowed in the District. Although the subject property does not meet the District’s minimum dimensional requirements, final lot size will be established through the plat process and will be required to meet the city’s standards. 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 along all sides; 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 7/14/2021 Ordinance No. 9469-21 ORDINANCE NO. 9469-21 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF N HERCULES AVENUE APPROXIMATELY 360 FEET SOUTH OF RANGE ROAD, WHOSE POST OFFICE ADDRESS IS 1223 N HERCULES AVENUE, #A, CLEARWATER, FLORIDA 33765, TOGETHER WITH CERTAIN N HERCULES AVENUE RIGHT-OF-WAY, 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; (ANX2021-05007) 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. 9469-21 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A ANX2021‐05007, 1223 N Hercules Avenue #A, 12‐29‐15‐00000‐130‐0710 PART OF NE 1/4 OF SEC 12‐29‐15 DESC FROM SW COR OF NE 1/4 OF SD SEC TH N00D16'54"E 981.11FT TH S89D19'40"E 50FT FOR POB TH CONT S89D19'40"E 150FT TH S00D 16'59"W 80FT TH N89D19' 40"W 150FT TH N00D16' 59"E 81FT TO POB. TOGETHER WITH ALL UNINCORPORATED SECTION (1100 LF, MORE OR LESS) OF NORTH HERCULES AVENUE (CR 425) RIGHT‐OF‐WAY, SOUTHERLY FROM THE SOUTH RIGHT‐OF‐WAY LINE OF RANGE ROAD. Exhibit B PROPOSED ANNEXATION Owner(s): Taylorsville Lake Marina, Inc. Case: ANX2021-05007 Site: 1223 N Hercules Avenue #A Property Size(Acres): ROW (Acres): 0.27 2.76 Land Use Zoning PIN: 12-29-15-00000-130-0710 From : Employment (E) E-1 Employment District Atlas Page: 271B To: Industrial Limited (IL) Industrail, Research & Technology (IRT) TRACT "B" TRACT A 4 513 13/05 13/04 13/041 13/06 13/043 13/07 13/08 13/081 13/19 13/1313/141 2.24 13/14 1.31 13/15 13/16 13/17 13/18 1.35 1.64 13/051 13/044 13/042 13/032 1.17 2.98 13/071 350 115 105 176.29200 400200243.9610 155.96200 8874210 10 33561275072233100 172117 319367 390(S)169135150 200 340 288.27340285.72284.38284.28200 100 80 160 200200200288.7203.88 203.39 233147 55288.7222150115 30 31915081 150 8088340(S)20099105 367 55100200 155.9620020020016080100200 174(S) VAC AC(C) AC(C) AC(C) ACAC(C)AC(C) 1 3 2 RANGE RD GRAND AVE CEPHAS DR WEAVER PARK DR 1053 1000 1163 19711055 1212 1185 1310 1067 1175 1010 2059201120301079 1058 20462025205120132 0 5 5 20282054N HERCULES AVE -Not to Scale--Not a Survey-Rev. 5/10/2021 1223A 1223B Ordinance No. 9470-21 ORDINANCE NO. 9470-21 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 EAST SIDE OF N HERCULES AVENUE APPROXIMATELY 360 FEET SOUTH OF RANGE ROAD, WHOSE POST OFFICE ADDRESS IS 1223 N HERCULES AVENUE, #A, CLEARWATER, FLORIDA 33765, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS INDUSTRIAL LIMITED (IL); 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; Industrial Limited (IL) (ANX2021-05007) 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. 9469-21. Ordinance No. 9470-21 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A ANX2021‐05007, 1223 N Hercules Avenue #A, 12‐29‐15‐00000‐130‐0710 PART OF NE 1/4 OF SEC 12‐29‐15 DESC FROM SW COR OF NE 1/4 OF SD SEC TH N00D16'54"E 981.11FT TH S89D19'40"E 50FT FOR POB TH CONT S89D19'40"E 150FT TH S00D 16'59"W 80FT TH N89D19' 40"W 150FT TH N00D16' 59"E 81FT TO POB. TOGETHER WITH ALL UNINCORPORATED SECTION (1100 LF, MORE OR LESS) OF NORTH HERCULES AVENUE (CR 425) RIGHT‐OF‐WAY, SOUTHERLY FROM THE SOUTH RIGHT‐OF‐WAY LINE OF RANGE ROAD. Exhibit B PROPOSED FUTURE LAND USE MAP Owner(s): Taylorsville Lake Marina, Inc. Case: ANX2021-05007 Site: 1223 N Hercules Avenue #A Property Size(Acres): ROW (Acres): 0.27 2.76 Land Use Zoning PIN: 12-29-15-00000-130-0710 From : Employment (E) E-1 Employment District Atlas Page: 271B To: Industrial Limited (IL) Industrail, Research & Technology (IRT) TRACT "B" TRACT A 4 513 13/05 13/04 13/041 13/06 13/043 13/07 13/08 13/081 13/19 13/1313/141 2.24 13/14 1.31 13/15 13/16 13/17 13/18 1.35 1.64 13/051 13/044 13/042 13/032 1.17 2.98 13/071 350 115 105 176.29200 400200243.9610 155.96200 8874210 10 33561275072233100 172117 319367 390(S)169135150 200 340 288.27340285.72284.38284.28200 100 80 160 200200200288.7203.88 203.39 233147 55288.7222150115 30 31915081 150 8088340(S)20099105 367 55100200 155.9620020020016080100200 174(S) VAC AC(C) AC(C) AC(C) ACAC(C)AC(C) 1 3 2 IL IL IL IL IL ILT/U IG IL N HERCULES AVE RANGE RD GRAND AVE CEPHAS DR WEAVER PARK DR 1000 1163 19711055 1212 1185 1310 1245 1067 1175 1010 20302059201120301079 1058 2046202520511063201320 5 5 20282015202920212054-Not to Scale--Not a Survey-Rev. 5/10/2021 1223A 1223B Ordinance No. 9471-21 ORDINANCE NO. 9471-21 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF N HERCULES AVENUE APPROXIMATELY 360 FEET SOUTH OF RANGE ROAD, WHOSE POST OFFICE ADDRESS IS 1223 N HERCULES AVENUE, #A, CLEARWATER, FLORIDA 33765, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS INDUSTRIAL, RESEARCH & TECHNOLOGY (IRT); 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. 9469-21. Property Zoning District See attached Exhibit A for legal description; Industrial, Research & Technology (IRT) (ANX2021-05007) Ordinance No. 9471-21 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A ANX2021‐05007, 1223 N Hercules Avenue #A, 12‐29‐15‐00000‐130‐0710 PART OF NE 1/4 OF SEC 12‐29‐15 DESC FROM SW COR OF NE 1/4 OF SD SEC TH N00D16'54"E 981.11FT TH S89D19'40"E 50FT FOR POB TH CONT S89D19'40"E 150FT TH S00D 16'59"W 80FT TH N89D19' 40"W 150FT TH N00D16' 59"E 81FT TO POB. TOGETHER WITH ALL UNINCORPORATED SECTION (1100 LF, MORE OR LESS) OF NORTH HERCULES AVENUE (CR 425) RIGHT‐OF‐WAY, SOUTHERLY FROM THE SOUTH RIGHT‐OF‐WAY LINE OF RANGE ROAD. Exhibit B PROPOSED ZONING MAP Owner(s): Taylorsville Lake Marina, Inc. Case: ANX2021-05007 Site: 1223 N Hercules Avenue #A Property Size(Acres): ROW (Acres): 0.27 2.76 Land Use Zoning PIN: 12-29-15-00000-130-0710 From : Employment (E) E-1 Employment District Atlas Page: 271B To: Industrial Limited (IL) Industrail, Research & Technology (IRT) TRACT "B" TRACT A 4 513 13/05 13/04 13/041 13/06 13/043 13/07 13/08 13/081 13/19 13/1313/141 2.24 13/14 1.31 13/15 13/16 13/17 13/18 1.35 1.64 13/051 13/044 13/042 13/032 1.17 2.98 13/071 350 115 105 176.29200 400200243.9610 155.96200 8874210 10 33561275072233100 172117 319367 390(S)169135150 200 340 288.27340285.72284.38284.28200 100 80 160 200200200288.7203.88 203.39 233147 55288.7222150115 30 31915081 150 8088340(S)20099105 367 55100200 155.9620020020016080100200 174(S) VAC AC(C) AC(C) AC(C) ACAC(C)AC(C) 1 3 2 IRT I N HERCULES AVE RANGE RD GRAND AVE CEPHAS DR WEAVER PARK DR 1000 1053 1163 101019711212 1185 1310 1245 1175 1067 1055 2030205920111079 1058 20462030202520511063201320 5 5 20282015202920212054-Not to Scale--Not a Survey-Rev. 5/11/2021 1223A 1223B LOCATION MAP Owner(s): Taylorsville Lake Marina, Inc. Case: ANX2021-05007 Site: 1223 N Hercules Avenue #A Property Size(Acres): ROW (Acres): 0.27 2.76 Land Use Zoning PIN: 12-29-15-00000-130-0710 From : Employment (E) E-1 Employment District Atlas Page: 271B To: Industrial Limited (IL) Industrail, Research & Technology (IRT) N HERCULES AVE RANGE RD PALMETTO ST KAPP DR CARROLL ST LANTERN WAY GRAND AVE SHERWOOD ST GENTRY ST CARRIAGE LN WEAVER PARK DR N ARCTURAS AVE RANGE AVE ^PROJECT SITE -Not to Scale--Not a Survey-Rev. 5/7/2021 AERIAL PHOTOGRAPH Owner(s): Taylorsville Lake Marina, Inc. Case: ANX2021-05007 Site: 1223 N Hercules Avenue #A Property Size(Acres): ROW (Acres): 0.27 2.76 Land Use Zoning PIN: 12-29-15-00000-130-0710 From : Employment (E) E-1 Employment District Atlas Page: 271B To: Industrial Limited (IL) Industrail, Research & Technology (IRT) RANGE RD RANGE RD GRAND AVE GRAND AVE WEAVER PARK DR WEAVER PARK DR CEPHAS DR CEPHAS DR N HERCULES AVE N HERCULES AVE -Not to Scale--Not a Survey-Rev. 5/10/2021 EXISTING SURROUNDING USES MAP Owner(s): Taylorsville Lake Marina, Inc. Case: ANX2021-05007 Site: 1223 N Hercules Avenue #A Property Size(Acres): ROW (Acres): 0.27 2.76 Land Use Zoning PIN: 12-29-15-00000-130-0710 From : Employment (E) E-1 Employment District Atlas Page: 271B To: Industrial Limited (IL) Industrail, Research & Technology (IRT) TRACT "B" TRACT A 4 513 13/05 13/04 13/041 13/06 13/043 13/07 13/08 13/081 13/19 13/1313/141 2.24 13/14 1.31 13/15 13/16 13/17 13/18 1.35 1.64 13/051 13/044 13/042 13/032 1.17 2.98 13/071 350 115 105 176.29200 400200243.9610 155.96200 8874210 10 33561275072233100 172117 319367 390(S)169135150 200 340 288.27340285.72284.38284.28200 100 80 160 200200200288.7203.88 203.39 233147 55288.7222150115 30 31915081 150 8088340(S)20099105 367 55100200 155.9620020020016080100200 174(S) VAC AC(C) AC(C) AC(C) ACAC(C)AC(C) 1 3 2 RANGE RD GRAND AVE CEPHAS DR WEAVER PARK DR 1053 1000 1163 19711055 1212 1185 1310 1067 1175 1010 2059201120301079 1058 2046202520512013205 5 20282054N HERCULES AVE -Not to Scale--Not a Survey-Rev. 5/10/2021 1223A 1223B Retail Plaza Retail Plaza Light Assembly Vacant Retail Plaza Restaurant Outdoor Storage Manufacturing Manufacturing Vacant Retail Sales Light Assembly ANX2021-05007 Taylorsville Lake Marina, Inc. 1223 N Hercules Avenue #A View looking east at subject property 1223 N Hercules Avenue #A South of the subject property North of the subject property Across the street, to the west of the subject property View looking northerly along N Hercules Avenue View looking southerly along N Hercules Avenue Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ANX2021-05007 Agenda Date: 7/12/2021 Status: Agenda ReadyVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 8.3 SUBJECT/RECOMMENDATION: Approve the annexation, initial Future Land Use Map designation of Industrial Limited (IL) and initial Zoning Atlas designation of Industrial, Research and Technology (IRT) District for 1223 N. Hercules Avenue, Unit A, together with certain right-of-way of N. Hercules Avenue and pass Ordinances 9469-21, 9470-21, and 9471-21 on first reading. (ANX2021-05007) SUMMARY: This voluntary annexation petition involves a 0.27-acre property consisting of one parcel of land occupied by a manufacturing use. The subject property is located on the east side of N . Hercules Avenue, approximately 360 feet south of Range Road, and is part of a larger site consisting of two parcels, #A and #B, with parcel #B currently located within city limits. Parcel #B was annexed into the City in 1979; however, the current parcel lines bifurcate both of the buildings on both parcels. The applicant is requesting annexation, and once both parcels are in the City’s jurisdiction, the applicant intends to plat the property in order to adjust the parcel lines with the intent to sell the subject property upon plat approval. The Development Review Committee is proposing that the 2.76 acres of the N. Hercules Avenue right-of-way south of the southern right-of-way line of Range Road not currently within the city also be annexed. The property is located in an enclave and is contiguous to city boundaries on all sides. The annexation will eliminate an enclave. It is proposed that the property be assigned a Future Land Use Map designation of Industrial Limited (IL) and a Zoning Atlas designation of Industrial, Research & Technology (IRT). 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. The closest sanitary sewer line is located in the adjacent N. Hercules Avenue right-of-way, and the applicant is aware of the required sewer impact and assessment fees that must be paid in full prior to connection and of the additional costs to extend to the City ’s sewer system. The applicant has chosen not to connect to sanitary sewer at this time and is aware of the associated monthly availability fee. Collection of solid waste will be provided by the City of Clearwater. The property is located within Police District III and service will be administered through the district headquarters located at 2851 N. McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station #48 located at 1700 N. Belcher Road. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire, and EMS service. The property will continue to receive water service from the City. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and Page 1 City of Clearwater Printed on 7/12/2021 File Number: ANX2021-05007 ·The proposed annexation is consistent with and promotes the following objectives 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. ·The annexation of the property is consistent with the City’s Economic Development Strategic Plan (August 2011): Strategy 1.4 Expand the use of the Industrial, Research and Technology District (IRT). Action 4: Protect existing industrial land in the city from converting to other uses. ·The proposed Industrial Limited (IL) Future Land Use Map category is consistent with the current Countywide Plan designation of the property. This designation primarily permits light and medium manufacturing uses at an intensity of 0.65 FAR. The proposed zoning district to be assigned to the property is the Industrial, Research & Technology (IRT) District. The use of the subject property is consistent with the uses allowed in the District. Although the subject property does not meet the District’s minimum dimensional requirements, final lot size will be established through the plat process and will be required to meet the city’s standards. 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 along all sides; 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 7/12/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ANX2021-05008 Agenda Date: 7/15/2021 Status: Public HearingVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 8.7 SUBJECT/RECOMMENDATION: Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Density Residential (LDR) District for 3467 Sweetwater Trail and pass Ordinances 9472-21, 9473-21, and 9474-21 on first reading. (ANX2021-05008) SUMMARY: This voluntary annexation petition involves a 0.393-acre property consisting of one parcel of land occupied by a single-family dwelling. The property is located on the northeast side of Sweetwater Trail approximately 195 feet north of Brattle Lane. The applicant is requesting annexation in order to receive solid waste service from the City. The property is contiguous to existing city boundaries to the east. It is proposed that the property be assigned a Future Land Use Map designation of Residential Low (RL) and a Zoning Atlas designation of Low Density Residential (LDR). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: ·The property currently receives water service from Pinellas County. Sanitary sewer is not readily available to the property. Collection of solid waste will be provided by the City of Clearwater. The property is located within Police District III and service will be administered through the district headquarters located at 2851 N McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station #50 located at 2681 Countryside Boulevard. The City has adequate capacity to serve this property with solid waste, police, fire and EMS service. The property will continue to receive water service from Pinellas County. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and ·The proposed annexation is consistent with and promotes the following objectives and policy of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Page 1 City of Clearwater Printed on 7/14/2021 File Number: ANX2021-05008 Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. ·The proposed Residential Low (RL) Future Land Use Map category is consistent with the current Countywide Plan designation of the property. This designation primarily permits residential uses at a density of 5 units per acre. The proposed zoning district to be assigned to the property is the Low Density Residential (LDR) District. The use of the subject property is consistent with the uses allowed in the District and although the property does not meet the District’s minimum dimensional requirements, it meets the criteria for a Residential Infill Project through a Flexible Standard Development application. The proposed annexation is therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and ·The property proposed for annexation is contiguous to existing city boundaries to the east; 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 7/14/2021 Ordinance No. 9472-21 ORDINANCE NO. 9472-21 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE NORTHEAST SIDE OF SWEETWATER TRAIL APPROXIMATELY 195 FEET NORTH OF BRATTLE LANE, WHOSE POST OFFICE ADDRESS IS 3467 SWEETWATER TRAIL, CLEARWATER, FLORIDA 33761, 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 3, Trails of Countryside, according to the plat thereof as recorded in Plat Book 90, Page 49, Public Records of Pinellas County, Florida; (ANX2021-05008) 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. 9472-21 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A PROPOSED ANNEXATION MAP Owner(s): Paul C. Covelski Joanne E. Covelski Case: ANX2021-05008 Site: 3467 Sweetwater Trail Property Size(Acres): ROW (Acres): 0.393 Land Use Zoning PIN: 18-28-16-91668-000-0030 From : Residential Low (RL) R-2 Single Family Residential Atlas Page: 177B To: Residential Low (RL) Low Density Residential (LDR) 26500085 84 83 82 DRAINAGE EASEMENT 350000 99201 1 2 3 4 5 62 63 73 74 75 72 71 70 64 65 66 6 7 8 53 596061 76 77 78 79 82 83848586 DRG. ESMT. DRAINAGE EASEMENT 264000916681 2 3 4567891011 37 38 39 40 41 42 43 44 45 46 4753 52 51 50 49 48 54 55 56 57 58 5960 61 62 63 64 65 452.36 1 01665 9 10 11 12 13 14 15 16 17 18 192425 30 31 32 33 TRACT "C" TRACT "B"LAKE SHORE LN ASPEN TRL BRATTLE LN SKIPPER TRL BEECH TRL COBALT SHORES LN CUMBERLAND TRL SWEETWATER TRL BREWTON CT WESTVIEW CT HINSDALE CT 3459 25 72 25442583 25 64 2575 25 67 255725562556345125483454 3473 2579 2580 25 68 25412584 2587 2552256025492563 34462573344025812589 3424 3449 26063403 3420 3443 26333413 26273453 34143411 3435 3438 3 4 6 6 3430 2624343126003443 3429 3430 34373444 3425 3436 3412 3451 26112630261726303445 3421 3437 3436 3418 3448 3446 26053422 26382618262426303428 34352540 6648225973 56720808837260 2 6 2 3406 3 4 5 6 3411 4 262326258 2 3412 6 3427 6313419 3467 3427 3442 3419 0 3419 -Not to Scale--Not a Survey-Rev. 5/12/2021 Ordinance No. 9473-21 ORDINANCE NO. 9473-21 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 NORTHEAST CORNER OF SWEETWATER TRAIL APPROXIMATELY 195 FEET NORTH OF BRATTLE LANE, WHOSE POST OFFICE ADDRESS IS 3467 SWEETWATER TRAIL, CLEARWATER, FLORIDA 33761, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Future Land Use Element of the Comprehensive Plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Future Land Use Element of the Comprehensive Plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category Lot 3, Trails of Countryside, according to the plat thereof as recorded in Plat Book 90, Page 49, Public Records of Pinellas County, Florida; Residential Low (RL) (ANX2021-05008) 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. 9472-21. Ordinance No. 9473-21 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A PROPOSED FUTURE LAND USE MAP Owner(s): Paul C. Covelski Joanne E. Covelski Case: ANX2021-05008 Site: 3467 Sweetwater Trail Property Size(Acres): ROW (Acres): 0.393 Land Use Zoning PIN: 18-28-16-91668-000-0030 From : Residential Low (RL) R-2 Single Family Residential Atlas Page: 177B To: Residential Low (RL) Low Density Residential (LDR) 26500085 84 83 8 DRAINAGE EASEMENT 350000 99201 1 2 3 4 5 62 63 73 74 75 72 71 70 64 65 66 6 7 8 53 596061 76 77 78 79 82 83848586 DRG. ESMT. DRAINAGE EASEMENT 264000916681 2 3 4567891011 37 38 39 40 41 42 43 44 45 46 4753 52 51 50 49 48 54 55 56 57 58 5960 61 62 63 64 65 452.36 1 01665 9 10 11 12 13 14 15 16 17 18 192425 30 31 32 33 TRACT "C" TRACT "B" RL RL RL RL RL RL WATER RL RL WATER WATER RL LAKE SHORE LN ASPEN TRL BRATTLE LN SKIPPER TRL BEECH TRL COBALT SHORES LN CUMBERLAND TRL SWEETWATER TRL BREWTON CT WESTVIEW CT HINSDALE CT 3459 2572 25442583 2564 2575 2567 255725562556345125483454 3473 2579 2580 2568 25412584 2587 2552256025492563 3446257334402581258934492606 3403 3420 3443 26333413 26273453 34143411 3435 3438 3 4 6 6 3430 2624343126003443 3429 3430 34373444 3425 3436 3412 3451 26112630261726303445 3421 3437 3436 3418 3448 3446 26053422 26382618262426303428 34352540 6648225973 567208088373424 260 2 6 2 3406 3 4 5 6 3411 4 262326258 2 3412 6 3427 6313419 3467 3427 3442 3419 0 3419 -Not to Scale--Not a Survey-Rev. 5/12/2021 Ordinance No. 9474-21 ORDINANCE NO. 9474-21 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE NORTHEAST CORNER OF SWEETWATER TRAIL APPROXIMATELY 195 FEET NORTH OF BRATTLE LANE, WHOSE POST OFFICE ADDRESS IS 3467 SWEETWATER TRAIL, CLEARWATER, FLORIDA 33761, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW DENSITY RESIDENTIAL (LDR); 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. 9472-21. Property Zoning District Lot 3, Trails of Countryside, according to the plat thereof as recorded in Plat Book 90, Page 49, Public Records of Pinellas County, Florida; Low Density Residential (LDR) (ANX2021-05008) Ordinance No. 9474-21 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A PROPOSED ZONING MAP Owner(s): Paul C. Covelski Joanne E. Covelski Case: ANX2021-05008 Site: 3467 Sweetwater Trail Property Size(Acres): ROW (Acres): 0.393 Land Use Zoning PIN: 18-28-16-91668-000-0030 From : Residential Low (RL) R-2 Single Family Residential Atlas Page: 177B To: Residential Low (RL) Low Density Residential (LDR) 26500085 84 83 82 DRAINAGE EASEMENT 350000 99201 1 2 3 4 5 62 63 73 74 75 72 71 70 64 65 66 6 7 8 53 596061 76 77 78 79 82 83848586 DRG. ESMT. DRAINAGE EASEMENT 264000916681 2 3 4567891011 37 38 39 40 41 42 43 44 45 46 4753 52 51 50 49 48 54 55 56 57 58 5960 61 62 63 64 65 452.36 1 01665 9 10 11 12 13 14 15 16 17 18 192425 30 31 32 33 TRACT "C" TRACT "B" LDR PLMDR LAKE SHORE LN ASPEN TRL BRATTLE LN SKIPPER TRL BEECH TRL COBALT SHORES LN CUMBERLAND TRL SWEETWATER TRL BREWTON CT WESTVIEW CT HINSDALE CT 3459 2572 25442583 2564 2575 2567 255725562556345125483454 3473 2579 2580 2568 25412584 2587 2552256025492563 34462573344025812589 3424 3449 26063403 3420 3443 26333413 26273453 34143411 3435 3438 3 4 6 6 3430 2624343126003443 3429 3430 34373444 3425 3436 3412 3451 26112630261726303445 3421 3437 3436 3418 3448 3446 3422 26382618262426303428 34352540 6648225973 56720808837260 2 6 2 3406 3 4 5 6 3411 4 262326258 2 3412 6 3427 6313419 3467 3427 26053442 3419 0 3419 -Not to Scale--Not a Survey-Rev. 5/12/2021 LOCATION MAP Owner(s): Paul C. Covelski Joanne E. Covelski Case: ANX2021-05008 Site: 3467 Sweetwater Trail Property Size(Acres): ROW (Acres): 0.393 Land Use Zoning PIN: 18-28-16-91668-000-0030 From : Residential Low (RL) R-2 Single Family Residential Atlas Page: 177B To: Residential Low (RL) Low Density Residential (LDR) US Hwy 19 N69th ST NCURLEW RD 298th AVE N70th ST NLAKE SHORE LN 297th AVE N 69th WAY N66th ST NSEACOL ST 67th ST N68th ST N301st AVE N SKIPPER TRL 300th AVE N 66th ST 66th WAY NTALLEY DR 67th WAY NASPEN TRL BONNER AVE COBALT SHORES LN DAVID CT BEECH TRL SCOTT CT RODNEY CT MORGAN CT FAIRFIELD TRL LINDA CT SWEETWATER TRL BREWTON CT 297th AVE N PROJECT SITE -Not to Scale--Not a Survey-Rev. 5/6/2021 AERIAL PHOTOGRAPH Owner(s): Paul C. Covelski Joanne E. Covelski Case: ANX2021-05008 Site: 3467 Sweetwater Trail Property Size(Acres): ROW (Acres): 0.393 Land Use Zoning PIN: 18-28-16-91668-000-0030 From : Residential Low (RL) R-2 Single Family Residential Atlas Page: 177B To: Residential Low (RL) Low Density Residential (LDR) LAKE SHORE LN LAKE SHORE LN ASPEN TRL ASPEN TRL BRATTLE LN BRATTLE LN SKIPPER TRL SKIPPER TRL BEECH TRL BEECH TRL COBALT SHORES LN COBALT SHORES LN CUMBERLAND TRL CUMBERLAND TRL SWEETWATER TRL SWEETWATER TRL BREWTON CT BREWTON CT WESTVIEW CT WESTVIEW CT HINSDALE CT HINSDALE CT -Not to Scale--Not a Survey-Rev. 5/12/2021 EXISTING SURROUNDING USES MAP Owner(s): Paul C. Covelski Joanne E. Covelski Case: ANX2021-05008 Site: 3467 Sweetwater Trail Property Size(Acres): ROW (Acres): 0.393 Land Use Zoning PIN: 18-28-16-91668-000-0030 From : Residential Low (RL) R-2 Single Family Residential Atlas Page: 177B To: Residential Low (RL) Low Density Residential (LDR) 26500085 84 83 82DRAINAGE EASEMENT 350000 99201 1 2 3 4 5 62 63 73 74 75 72 71 70 64 65 66 6 7 8 53 596061 76 77 78 79 82 83848586 DRG. ESMT. DRAINAGE EASEMENT 264000916681 2 3 4567891011 37 38 39 40 41 42 43 44 45 46 4753 52 51 50 49 48 54 55 56 57 58 5960 61 62 63 64 65 452.36 1 01665 9 10 11 12 13 14 15 16 17 18 192425 30 31 32 33 TRACT "C" TRACT "B"LAKE SHORE LN ASPEN TRL BRATTLE LN SKIPPER TRL BEECH TRL COBALT SHORES LN CUMBERLAND TRL SWEETWATER TRL BREWTON CT WESTVIEW CT HINSDALE CT 3459 25 72 25442583 25 64 2575 25 67 255725562556345125483454 3473 2579 2580 25 68 25412584 2587 25522560254925 63 34462573344025812589 3424 3449 26063403 3420 3443 26333413 26273453 34143411 3435 3438 3 4 6 6 3430 2624343126003443 3429 3430 34373444 3425 3436 3412 3451 26112630261726303445 3421 3437 3436 3418 3448 3446 26053422 26382618262426303428 34352540 6648225973 56720808837260 2 6 2 3406 3 4 5 6 3411 4 262326258 2 3412 6 3427 6313419 3467 3427 3442 3419 0 3419 -Not to Scale--Not a Survey-Rev. 5/12/2021 Single Family Residential Single Family Residential Single Family Residential Single Family Residential ANX2021-05008 John C. & Joanne E. Covelski 3467 Sweetwater Trail View looking northeast at subject property 3467 Sweetwater Trail South of the subject property North of the subject property Across the street, to the southwest of the subject property View looking southerly along Sweetwater Trail View looking westerly along Skipper Trail Master City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ANX2021-05008 File ID: Type: Status: ANX2021-05008 Planning Case Agenda Ready Y1Version: Pub Hearing? Y/N: In Control: Planning & Development 06/21/2021File Created: Final Action: Ord 9472-21, 9473-21, 9474-21; ANX2021-05008; 3467 Sweetwater Trail; John C. & Joanne E. Covelski Topic: Title: Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Density Residential (LDR) District for 3467 Sweetwater Trail and pass Ordinances 9472-21, 9473-21, and 9474-21 on first reading. (ANX2021-05008) Internal Notes: Sponsors: Enactment Date: Ord 9472-21 - Annexation, Ord 9473-21 - Future Land Use, Ord 9474-21 - Zoning, ANX2021-05008 Maps & Photographs Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: Kyle.Brotherton@myClearwater.com Related Files: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File ANX2021-05008 Page 1City of Clearwater Printed on 7/12/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ANX2021-05008 Agenda Date: 7/12/2021 Status: Agenda ReadyVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 8.4 SUBJECT/RECOMMENDATION: Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Density Residential (LDR) District for 3467 Sweetwater Trail and pass Ordinances 9472-21, 9473-21, and 9474-21 on first reading. (ANX2021-05008) SUMMARY: This voluntary annexation petition involves a 0.393-acre property consisting of one parcel of land occupied by a single-family dwelling. The property is located on the northeast side of Sweetwater Trail approximately 195 feet north of Brattle Lane. The applicant is requesting annexation in order to receive solid waste service from the City. The property is contiguous to existing city boundaries to the east. It is proposed that the property be assigned a Future Land Use Map designation of Residential Low (RL) and a Zoning Atlas designation of Low Density Residential (LDR). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: ·The property currently receives water service from Pinellas County. Sanitary sewer is not readily available to the property. Collection of solid waste will be provided by the City of Clearwater. The property is located within Police District III and service will be administered through the district headquarters located at 2851 N McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station #50 located at 2681 Countryside Boulevard. The City has adequate capacity to serve this property with solid waste, police, fire and EMS service. The property will continue to receive water service from Pinellas County. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and ·The proposed annexation is consistent with and promotes the following objectives and policy of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Page 1 City of Clearwater Printed on 7/12/2021 File Number: ANX2021-05008 Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. ·The proposed Residential Low (RL) Future Land Use Map category is consistent with the current Countywide Plan designation of the property. This designation primarily permits residential uses at a density of 5 units per acre. The proposed zoning district to be assigned to the property is the Low Density Residential (LDR) District. The use of the subject property is consistent with the uses allowed in the District and although the property does not meet the District’s minimum dimensional requirements, it meets the criteria for a Residential Infill Project through a Flexible Standard Development application. The proposed annexation is therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and ·The property proposed for annexation is contiguous to existing city boundaries to the east; 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 7/12/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9437-21a Agenda Date: 7/15/2021 Status: Public HearingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 8.8 SUBJECT/RECOMMENDATION: Approve the contraction of the Clearwater Cay Community Development District and pass Ordinance 9437-21 on first reading. SUMMARY: CL Clearwater LP, a Delaware limited partnership; CL Clearwater LLC, a Delaware limited liability company, doing business in Florida as CL Tampa Clearwater LLC; CL Clearwater Owner 3 LLC, a Delaware limited liability company; CL Clearwater Owner 4 LLC, a Delaware limited liability company; CL Clearwater Owner 5 LLC, a Delaware limited liability company; and CL Clearwater Owner 6 LLC, a Delaware limited liability company, owners in Clearwater Cay Community Development District (Petitioners), a community development district established by Ordinance No. 7515-05, adopted on September 15, 2005 as amended by Ordinance 7564-05, adopted on January 19, 2006 of the City Council of Clearwater, Florida, and effective on that date (City Ordinance), have petitioned the City Council of the City of Clearwater, Florida (Council), through its Petition to Amend Clearwater Cay Community Development District (Petition), to contract by non- emergency ordinance, the boundaries of the Clearwater Cay Community Development District (District). The Petition is complete in that it meets the requirements of Section 190.046(1), Florida Statutes (2020). Appropriate city staff reviewed the application and determined it to be complete and sufficient. The costs to the City of Clearwater and government agencies from contraction of the District are nominal. There is no adverse impact on competition or employment from District contraction. The persons affected by contraction are the future landowners, present landowners, the City of Clearwater and its taxpayers, and the State of Florida. Methodology is as set forth in the Statement of Estimated Regulatory Costs (SERC) on file with the City. The SERC of the Petitioner pertaining to District contraction is complete and adequate, in that it meets the requirements of Section 120.541, Florida Statutes. Contraction of the District by this Ordinance, whose uniform general law charter is Sections 190.006 - 190.049, Florida Statutes, is subject to and not inconsistent with the Page 1 City of Clearwater Printed on 7/14/2021 File Number: 9437-21a local Comprehensive Plan of the City of Clearwater and with the State Comprehensive Plan. The area of land within the District as contracted is sufficient size, is sufficiently compact, and is sufficiently contiguous and has been developed as one functional, interrelated community. The area that is proposed to be served by the District after the contraction is amenable to separate special district government. Upon the effective date of this Ordinance. the Clearwater Cay Community Development District will cease to be duly and legally authorized to exist on the proposed Contraction Property and, as to the Contraction Property shall cease to exercise any of its general and special powers in accordance with, and as granted by, its uniform community development district charter as provided in Sections 190.006- 190.049, Florida Statutes. All notice requirements of law were met and complete notice was timely given. APPROPRIATION CODE AND AMOUNT: N/A Page 2 City of Clearwater Printed on 7/14/2021 Ordinance 9437-21 ORDINANCE NO. 9437-21 AN ORDINANCE O F T HE CIT Y O F CL E A RW A TE R, FL O RI DA , A ME NDI NG O RDI NA NCE 7 5 1 5 -05 A S A ME NDE D B Y O RDI NA NCE 7 564 -0 5, W HI CH E ST A B LI S HE D T HE CL E A RW ATE R CA Y CO MMUNI T Y DE V EL O P ME NT DI ST RICT , B Y CONTRACTING BOUNDARIES OF THE DISTRICT; DESCRIBING THE BOUNDARIES OF THE AREA REMOVED FROM THE DISTRICT AND DESCRIBING THE EXTERNAL BOUNDARIES OF THE CONTRACTED DISTRICT; PROVIDING THAT THE CITY MAY NOT AND SHALL NOT MODIFY OR DELETE ANY PROVISION OF THE DISTRICT CHARTER SET FORTH IN SECTIONS 190.006 - 190.049, FLORIDA STATUTES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, CL Clearwater LP, a Delaware limited partnership; CL Clearwater LLC, a Delaware limited liability company, doing business in Florida as CL Tampa Clearwater LLC; CL Clearwater Owner 3 LLC, a Delaware limited liability company; CL Clearwater Owner 4 LLC, a Delaware limited liability company; CL Clearwater Owner 5 LLC, a Delaware limited liability company; and CL Clearwater Owner 6 LLC, a Delaware limited liability company, (''Petitioners"), a community development district established by Ordinance No. 7515-05, adopted on September 15, 2005 as amended by Ordinance 7564-05, adopted on January 19, 2006 of the City Council of Clearwater, Florida, and effective on that date ("City Ordinance''), have petitioned the City Council of the City of Clearwater, Florida ("Council''), through its Petition to Amend Clearwater Cay Community Development District ("Petition"), to contract by non- emergency ordinance, the boundaries of the Clearwater Cay Community Development District ("District"); and WHEREAS, the Council, after proper published notice, conducted a local public, legislative and information-gathering ordinance hearing as required by law and hereby finds as follows: 1. The Petition is complete in that it meets the requirements of Section 190.046(1), Florida Statutes (2020), and all statements contained within the Petition are true and correct, 2. The appropriate staff persons of the City of Clearwater have reviewed the Petition and have found that it is complete and sufficient, 3. The costs to the City of Clearwater and government agencies from contraction of the District are nominal. There is no adverse impact on competition [GM20-0-018/264589/1] 2 Ordinance 9437-21 or employment from District contraction. The persons affected by contraction are the future landowners and present landowners within the Contracted District, the future landowners and present landowners within the Contraction Parcel, the City of Clearwater and its taxpayers, and the State of Florida. The SERC of the Petitioner pertaining to District contraction is complete and adequate, in that it meets the requirements of Section 120.541, Florida Statutes. 4. Contraction of the District by this Ordinance, whose uniform general law charter is Sections 190.006 - 190.049, Florida Statutes, is subject to and not inconsistent with the local Comprehensive Plan of the City of Clearwater and with the State Comprehensive Plan. 5. The area of land within the District as amended is part of a planned community. The Contraction Parcel is not currently anticipated to be part of the same planned community and is not being served by any services or facilities of the District. 6. The District as amended will continue to be of sufficient size and sufficiently compact and contiguous to be one functional and interrelated community. 7. The District issued capital improvement revenue bonds, the repayment of which is through special or non-ad valorem assessments levied against benefited properties within the District. 8. On October 19, 2016, the properties in the Contraction Parcel were released from any obligation related to the bonds through a Partial Release and Satisfaction of Lien. 9. Upon the effective date of this Ordinance. the Clearwater Cay Community Development District will cease to be duly and legally authorized to exist on the proposed Contraction Parcel and, as to the Contraction Parcel shall cease to exercise any of its general and special powers in accordance with, and as granted by, its uniform community development district charter as provided in Sections 190.006- 190.049, Florida Statutes. 10. All notice requirements of law were met and complete notice was timely given. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Clearwater that: SECTION ONE: DISTRICT NAME. The Community Development District as herein contracted will continue to be known as the "Clearwater Cay Community [GM20-0-018/264589/1] 3 Ordinance 9437-21 Development District." SECTION TWO: AUTHORITY FOR ORDINANCE. This Ordinance is adopted pursuant to Section 190.046(1)(a) and (l)(b). Florida Statutes (2020), and other applicable provisions of law. SECTION THREE: CONTRACTION OF DISTRICT: The Clearwater Cay Community Development District as created by Ordinance No. 7515-05 as amended by Ordinance No, 7564-05, is hereby contracted to exclude the Contraction Parcel, as described in the Petition, and the new, contracted boundaries of the Clearwater Cay Community Development District (excluding the Contraction Parcel) shall be comprised of the real property described in Exhibit A attached hereto and incorporated by reference herein. The District upon the effective date of this Ordinance, shall be duly and legally authorized to exist on all of the real property described on Exhibit A and to exercise all its general and special powers, in accordance with, and as granted by, its uniform community development district charter as provided in Sections 190.006 - 190.049, Florida Statutes, without question as to the District's contraction, and its continued rights. authority and power to exercise its limited powers under law. The District shall thereafter exercise no powers as to the Contraction Property. SECTION FOUR: STATUTORY PROVISIONS CONSTITUTING THE UNIFORM CHARTER DISTRICT. The Clearwater Cay Community Development District shall continue to be governed by the provisions of Chapter 190. Florida Statutes, specifically Sections 190.006 - 190.049, Florida Statutes, which constitutes its uniform charter created by general law. SECTION FIVE: CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other ordinance or resolution of the City of Clearwater or other applicable law, the more restrictive shall apply. If any phase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION SIX: EFFECTIVE DATE. This ordinance becomes effective upon filing with the Florida Secretary of State. [GM20-0-018/264589/1] 4 Ordinance 9437-21 PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED ___________________________ Frank Hibbard Mayor Approved as to form: Attest: ____________________________ ____________________________ Pamela K. Akin Rosemarie Call City Attorney City Clerk [GM20-0-018/264589/1] Ordinance 9437-21 Exhibit A LEGAL DESCRIPTION OF CONTRACTED CDD __________________ A parcel of land in Sections 20 and 29, Township 29 South, Range 16 East, Pinellas County, Florida, being more particularly described as follows: Commence at the Southwest corner of said Section 20; thence along the South line of said Section 20, S89°19'48"E, a distance of 100.01 feet to the East right of way line of U.S. Highway 19 and the POINT OF BEGINNING; thence N01°26’21”E, along said East right of way line, a distance of 350.00 feet; thence S89°19'48”E parallel with said South line of Section 20, a distance of 175.00 feet to the Southeast comer of property conveyed in Official Records Book 13955, Page 418 of the Public Records of Pinellas County, Florida; thence N01°26’21”E, along the East line of said property, a distance of 200.00 feet to the Northeast comer of said property; thence N89°19'48"W, along the North line of said property, a distance of 175.00 feet to said East right of way line of U.S. Highway 19; thence N01°26'21"E, along said East right of way line, a distance of 73.79 feet to the Southwest corner of property conveyed in Official Records Book 13618, Page 304 of the Public Records of Pinellas County, Florida; thence S89°19'48"E, along the South line of said property, a distance of 210.24 feet to the Southeast corner of said property; thence N01°26'21"E, along the East line of said property, a distance of 179.82 feet to the Northeast comer of said property; thence N89°19'48”W, along the North line of said property, a distance of 210.24 feet to said East right of way line of U.S. Highway 19; thence N01°26’21”E, along said East right of way line, a distance of 361.95 feet; thence S89°26'50"E, a distance of 885.00 feet; thence S01°26'21”W, a distance of 572.00 feet; thence N89°19'48”W, a distance of 263.00 feet; thence S01°26'21”W, a distance of 246.00 feet; thence N89°19'48"W, a distance of 12.00 feet; thence S01°26'21"W, a distance of 349.37 feet to said South line of Section 20 and the North line of said Section 29; thence S89°19'48”E, along said South line and North line, a distance of 11.39 feet to Northeast corner of property conveyed in Official Records Book 10769, Page 1415 of the Public Records of Pinellas County, Florida; thence S00°27'22"E, for 43.51 feet to the Northwest corner of property conveyed in Official Records Book 13805, Page 313 of the Public Records of Pinellas County, Florida, said comer also being a point of intersection with a non-tangent curve concave to the South; thence Easterly along the arc of said curve with a radial bearing S00°27'51”E, and having a radius of 35.00 feet, a central angle of 14°51’42”, an arc length of 9.08 feet and a chord bearing S83°02’00”E, for 9.05 feet to the point of reverse curvature with a curve concave to the North; thence Easterly along the arc of said curve, having a radius of 35.00 feet, a central angle of 13°43'39”, an arc length of 8.39 feet and a chord bearing S82°27'58"E, for 8.37 feet to the point of tangency; thence S89°19'48"E, for 111.84 feet to the point of intersection with a non-tangent curve concave to the Northwest; thence Easterly along the arc of said curve with a radial bearing N00°40'13"E, and having a radius of 55.50 feet, a central angle of 118°44'08", an arc length of 115.01 feet and a chord bearing N31°18'08"E, for 95.51 feet to the point of intersection with a non-tangent curve concave to the Northeast; thence Southeasterly along the arc of said curve with a radial bearing N61°56'04"E, and having a radius of 15.00 feet, a central angle of 46°10'01", an arc length of 12.09 feet and a chord bearing S51°08'57"E, for 11.76 feet to the point of compound curvature with a curve concave to the North; thence Easterly along the arc of said curve, having a radius of 125.00 feet, a central angle of 56°40'40", an arc length of 123.65 feet and a chord bearing N77°25'43"E, for 118.67 feet to the point of reverse curvature with a curve concave to the Southeast; thence Northeasterly along the arc of said curve, having a radius of 303.00 feet, a central angle of 00°31'45", an arc length of 2.80 feet and a chord bearing N49°21'15”E, for 2.80 feet to the point of intersection with a non-tangent line; thence N40°22'52"W, for 14.84 feet to the point of intersection with a non-tangent curve concave to the Northwest; thence Northeasterly along the arc of said curve with a radial bearing N40°43'39"W, and having a radius of 74.87 feet, a central angle of 02°40'04", an arc length of 3.49 feet and a [GM20-0-018/264589/1] Ordinance 9437-21 chord bearing N47°56'19"E, for 3.49 feet to the point of reverse curvature with a curve concave to the Southeast; thence Northeasterly along the arc of said curve, having a radius of 234.00 feet, a central angle of 34°19'10", an arc length of 140.16 feet and a chord bearing N63°45'52"E, for 138.08 feet to the point of tangency; thence N80°55'27"E, for 97.25 feet; thence N56°01'58"E, for 40.45 feet; thence N78°50'41”E, for 127.14 feet; thence S78°23'09"E, for 24.44 feet; thence S11°52'40"E, for 9.10 feet; thence N79°23'05"E, for 49.80 feet; thence N10°51'19"W, for 10.82 feet; thence N42°27'28"E, for 66.63 feet; thence N35°48'02"E, for 134.85 feet; thence East, for 67.34 feet; thence S38°08'04"E, for 12.67 feet; thence East, for 68.14 feet; thence N54°10'51”E, for 17.03 feet; thence East, for 96.27 feet; thence N55°05'18"E, for 63.64 feet; thence East, for 25.42 feet to the point of curvature of a curve concave to the North; thence Easterly along the arc of said curve, having a radius of 64.00 feet, a central angle of 39°42'28", an arc length of 44.35 feet and a chord bearing N70°08'46”E, for 43.47 feet to the point of reverse curvature with a curve concave to the South; thence Northeasterly along the arc of said curve, having a radius of 58.00 feet, a central angle of 36°55'37", an arc length of 37.38 feet and a chord bearing N68°45'21"E, for 36.74 feet to the point of reverse curvature with a curve concave to the Northwest; thence Easterly along the arc of said curve, having a radius of 54.00 feet, a central angle of 87°13'09", an arc length of 82.20 feet and a chord bearing N43°36'34"E, for 74.49 feet to the point of tangency; thence North, for 189.83 feet; thence S89°19'09"E, for 779.97 feet; thence S60°00'00"W, for 1333.52 feet; thence S89°19'48”E, for 209.91 feet; thence S24°54'45"W, for 343.41 feet to the point of intersection with a non-tangent curve concave to the Southeast; thence Southwesterly along the arc of said curve with a radial bearing S52°36'11"E, and having a radius of 1577.45 feet, a central angle of 13°22'27”, an arc length of 368.22 feet and a chord bearing S30°42'35"W, for 367.38 feet to the point of intersection with a non-tangent line; thence N89°04'26"W, for 829.18 feet to the Southeast corner of property conveyed in Official Records Book 10769, Page 1415 of the Public Records of Pinellas County, Florida; thence N89°21'00"W, along the South line of said property, a distance of 635.75 feet to said East right of way line of U.S. Highway 19; thence N00"51'16"E, along said East right of way line, 627.67 feet to the said POINT OF BEGINNING; LESS AND EXCEPT the following described parcel: A parcel of land lying in the Southwest 1/4 of the Southwest 1/4 of Section 20, Township 29 South, Range 16 East, Pinellas County, Florida, per Official Records Book 9527, Page 480, Public Records of Pinellas County, Florida, being more particularly described as follows: Commence at the Southwest corner of said Section 20 and run South 89°19'48" East, 100.00 feet to the East right-of-way line of U.S. Highway 19; thence North 01°26'21" East along said East right-of-way line, 5.00 feet to the POINT OF BEGINNING; thence continue North 01°26'21" East, along said East right-of-way line, 345.00 feet; thence South 89°19'48" East, 252.55 feet; thence South 01°26'21" West, 345.00 feet; thence North 89°19'48" West, 252.55 feet to the POINT OF BEGINNING. AND FURTHER LESS AND EXCEPT the following described parcel: A PARCEL OF LAND IN SECTION 20, TOWNSHIP 29 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SAID SECTION 20; THENCE ALONG THE SOUTH LINE OF SAID SECTION 20, S.89°19'48"E., A DISTANCE OF 100.01 FEET, TO THE EAST RIGHT OF WAY LINE OF U.S. HIGHWAY 19; THENCE N.01°26'21"E., ALONG SAID EAST RIGHT OF WAY LINE, A DISTANCE OF 5.00 FEET; THENCE S.89°19'48"E., ALONG A LINE THAT IS 5.00 FEET NORTH OF AND PARALLEL WITH SAID SOUTH LINE OF SECTION 20, A DISTANCE OF 252.55 FEET, TO THE SOUTHEAST CORNER OF PROPERTY AS DESCRIBED IN OFFICIAL RECORDS BOOK 9527, PAGE 480 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA AND THE [GM20-0-018/264589/1] Ordinance 9437-21 POINT OF BEGINNING; THENCE N.01°26'21"E., ALONG THE EAST LINE OF SAID PROPERTY, A DISTANCE OF 345.00 FEET, TO THE NORTHEAST CORNER OF SAID PROPERTY; THENCE N.89°19'48"W., ALONG THE NORTH LINE OF SAID PROPERTY, A DISTANCE OF 77.55 FEET, TO THE SOUTHEAST CORNER OF PROPERTY AS DESCRIBED IN OFFICIAL RECORDS BOOK 13955, PAGE 418 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE N.01°26'21"E., ALONG THE EAST LINE OF SAID PROPERTY, A DISTANCE OF 200.00 FEET, TO THE NORTHEAST CORNER OF SAID PROPERTY; THENCE N.89°19'48"W., ALONG THE NORTH LINE OF SAID PROPERTY, A DISTANCE OF 175.00 FEET, TO SAID EAST RIGHT OF WAY LINE OF U.S. HIGHWAY 19; THENCE N.01°26'21"E., ALONG SAID EAST RIGHT OF WAY LINE, A DISTANCE OF 73.79 FEET, TO THE SOUTHWEST CORNER OF PROPERTY AS DESCRIBED IN OFFICIAL RECORDS BOOK 13618, PAGE 2304 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE S.89°19'48"E., ALONG THE SOUTH LINE OF SAID PROPERTY, A DISTANCE OF 210.24 FEET, TO THE SOUTHEAST CORNER OF SAID PROPERTY; THENCE N.01°26'21"E., ALONG THE EAST LINE OF SAID PROPERTY, A DISTANCE OF 179.82 FEET, TO THE NORTHEAST CORNER OF SAID PROPERTY; THENCE N.89°19'48"W., ALONG THE NORTH LINE OF SAID PROPERTY, A DISTANCE OF 210.24 FEET, TO THE NORTHWEST CORNER OF SAID PROPERTY, SAME BEING A POINT ON THE SAID EAST RIGHT OF WAY LINE OF U.S. HIGHWAY 19; THENCE N.01°26'21"E., ALONG SAID RIGHT OF WAY LINE, A DISTANCE OF 361.95 FEET, TO THE SOUTHWEST CORNER OF PROPERTY AS DESCRIBED IN OFFICIAL RECORDS BOOK 9842, PAGE 1005 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE S.89°26'50"E., ALONG SAID SOUTH LINE AND THE EASTERLY EXTENSION THEREOF, A DISTANCE OF 885.02 FEET, TO THE NORTHWEST CORNER OF THE GRAND BELLAGIO AT BAYWATCH CONDOMINIUMS, AS RECORDED IN CONDOMINIUM PLAT BOOK 129, PAGE 001 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE ALONG THE WESTERLY LINE OF SAID PLAT S.01°26'21"W. FOR 572.00 FEET; THENCE N.89°19'48"W. FOR 263.00 FEET; THENCE S.01°26'21"W. FOR 246.00 FEET; THENCE N.89°19'48"W. FOR 12.00 FEET; THENCE S.01°26'21"W. FOR 205.92 FEET; THENCE N.88°34'42"W., 200.38 FEET; THENCE S.01°25'18"W., 141.08 FEET; THENCE N.89°19'48"W., ALONG A LINE THAT IS 5.00 FEET NORTH OF AND PARALLEL WITH THE SAID SOUTH LINE OF SECTION 20, A DISTANCE OF 157.10 FEET, TO THE POINT OF BEGINNING. Esri, HERE, Garmin, (c) OpenStreetMap contributors, and the GIS user community Subject Area Future Land Use (CG) Commercial General (P) Preservation (RL) Residential Low (RM) Residential Medium (T/U) Transportation/Utility (US 19-C) US 19 Corridor (US 19-NC) US 19 Neighborhood Center (WATER) Water Exhibit 5 - Future Land Use ¹Map not to scale 1 inch equals 625 feet¹ PETITION TO WITHDRAW PROPERTY/AMEND THE BOUNDARY OF THE CLEARWATER CAY COMMUNITY DEVELOPMENT DISTRICT Submitted by: Scott D. Clark Florida Bar No. 295752 Clark & Albaugh, LLP 700 West Morse Boulevard, Suite 101 Winter Park, Florida 32789 (407) 647-7600 Attorneys for Petitioner/Owner FYI :L1:etM # I 5 J 5 cf\ I C ~fAL~) 9( ')actj ZOO5' PETITION TO ESTABLISH j v:; i.. "-' '1 ~.Q' tG' THE CLEARWATER CAY CLUB COMMUNITY DEVELOPMENT DISTRICT Submitted to the City of Clearwater, Florida City Council PREPARED BY: Thomas A. Cloud Frank Fleischer GrayRobinson, P .A. 301 East Pine Street, Suite 1400 Orlando, FL 32801 407) 244-5624 1.Petition Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Exhibit I INDEX Clearwater Cay Club Community Development District Survey Legal Description of the Land Comprising the Clearwater Cay Club Community Development District Clearwater Cay Club Community Development District Consent of Land Owners Clearwater Cay Club Community Development District Board of Supervisors Maps showing current major trunk water mains,sewer interceptors and outfalls Clearwater Cay Club Community Development District Preliminary Infrastructure Cost Opinion Statement of Estimated Regulatory Costs (SERC) Maps (including Aerial. Water Park, Overall Master Plan, Site Plan, Future Land Use, Zoning and narrative) Authorization of Agent - W. Scott Callahan, Esquire and Thomas A. Cloud. Esquire 2.Notice of Public Hearing 364630 v1 RECEIVED MAR 0 7 2005 ITY ATTORNFv 1 BEFORE THE CITY COUNCIL CITY OF CLEARWATER, FLORIDA IN RE: PROPOSED ORDINANCE PURSUANT ) TO SECTION 190.005(2), FLORIDA STATUTES, ) TO ESTABLISH THE CLEARWATER CAY CLUB ) COMMUNITY DEVELOPMENT DISTRICT ) PETITION FOR ESTABLISHMENT OF CLEARWATER CAY CLUB COMMUNITY DEVELOPMENT DISTRICT Petitioner, DC703, LLC, a Florida limited liability company, petitions the City Council of the City of Clearwater, Florida, pursuant to the Uniform Community Development District Act of 1980, Chapter 190, Florida Statutes, and Florida Administrative Code 42-1 to adopt an ordinance establishing a community development district to be known as Clearwater Cay Club Community Development District (the District") and designating the land area for which the District would manage and finance the delivery of basic services. In support of this Petition, Petitioner states as follows: 1. Petitioner. Petitioner is a Florida limited liability company with its offices located at 2704 Via Murano, Clearwater, Florida 33764. 2. Location and Size. The land area to be served by the proposed District contains approximately 40.339 acres. All of the land in the proposed District lies within the territorial limits of the incorporated area of the City of Clearwater, Pinellas County, Florida, located generally in the area east of US Highway 19 and north of State Road 60. A description of a survey of the land prepared by Post Buckley Schuh and Jernigan, Inc. is attached hereto as Exhibit "A" and the original of the survey is delivered to the City of Clearwater with this Petition and incorporated herein by reference. A metes and bounds legal description of the external boundaries of the District is attached as Exhibit B" and incorporated herein by reference. 3. Land Owner Consent and Address. Petitioner either owns, controls, or has consent to file for 1 00% of the real property located within the proposed District. Attached hereto as Exhibit "C" and incorporated herein by reference is the written consent to the establishment of the District by the land owners as defined in Section 190.003(13), Florida Statutes, of one hundred percent (100%) of the real property to be included in and served by the District. 4. Board Members. The five persons designated to serve as the initial members of the Board of Supervisors of the District are identified on Exhibit "0" attached hereto and incorporated herein by this reference. These initial Supervisors shall serve on the Board until replaced by elected members as provided by Section 355599 vI 190.006, Florida Statutes. All of the initial Supervisors are residents of the State of Florida and citizens of the United States of America. 5. Name. The proposed name of the District is Clearwater Cay Club Community Development District. 6. Water and Sewer. The major trunk water mains, sewer interceptors and outfalls currently in existence on the property or adjacent to the property to be served by the District are identified on Exhibit "E" attached hereto and incorporated herein by reference. 7. District Facilities and Services. The proposed District is seeking to be granted the right to exercise all the powers provided for in Section 190.011 and 190.012, Florida Statutes. Based upon available data, the proposed time tables and related estimates of cost to construct District services and facilities, based upon available data, are attached as Composite Exhibit "F" and incorporated herein by this reference. As provided by Chapter 190, Florida Statutes, these estimates are submitted in good faith but are not binding and may be subject to change. 8. Statement of Estimated Reaulatorv Costs. The statement of estimated regulatory costs of the granting of this Petition and the establishment of the District pursuant thereto is attached as Exhibit "G" and incorporated herein by this reference. 9. land Uses. The future general distribution, location and extent of public and private uses of land proposed for the area within the District have been incorporated into the adopted Clearwater Comprehensive Policy Plan. The proposed land uses are consistent with ClearWater's Comprehensive Policy Plan. A copy of the future land use map containing the pertinent portion of the Clearwater Comprehensive Land Use Plan is attached as Exhibit "H" and incorporated herein by reference. 1 O. Address of the Petitioner and its Authorized Aaent. The address of Petitioner is: DC703, LLC 2704 Via Murano Clearwater, Florida 33764 Attention: Dave Clark The authorized agent for the Petitioner is: W. Scott Callahan, Esquire Stump, Storey & Callahan 37 N. Orange Ave., Suite 200 Orlando,FL 32801 Thomas A. Cloud, Esquire GrayRobinson, P.A. 355599 vi 2 301 East Pine St., Suite 1400 Orlando, Florida 32801 An Authorization of Agent is attached to and incorporated in this Petition as Exhibit "I". 11. Justification Statement. This Petition to establish the Clearwater Cay Club Community Development District includes property within the proposed District which is amenable to operating as a community development - district and, therefore, should be granted, for the following reasons: a) The area of land within the proposed District is part of a planned community, for which planned unit development approval has been received from the City. The property to be included in the District is of sufficient size and is sufficiently contiguous and compact to be developed as one functional and interrelated community and the District is planned to be developed as such. The area to be served by the proposed District is amenable to separate special district government. b) Establishment of the District and all land uses and services planned within the proposed District are not inconsistent with the applicable elements or portions of the Clearwater Comprehensive Plan or the State Comprehensive Plan. c) The proposed District will be the best alternative available for delivering community development services to the area to be served because the District provides a governmental entity for delivering those services and facilities in a manner that does not financially impact persons residing outside the proposed District and provides a responsible perpetual entity capable of making reasonable provisions for the operation and maintenance of District services and facilities in the future. The establishment of the District will prevent the general body of taxpayers in Clearwater from bearing the burden for installation of the infrastructure and the maintenance of the above-described facilities within the development encompassed by the proposed District. d) The community development services of the proposed District will be compatible with the capacity and use of existing local and regional services and facilities, allows for a more efficient use of resources, provides the opportunity for new growth to pay for itself, and provides a perpetual entity capable of making reasonable provisions for the operation and maintenance of the District services and facilities. 12. Supplemental Petition. A supplemental petition will be filed containing prefiled testimony for the public hearing and any other pertinent information, data, or analysis requested by the City of Clearwater. WHEREFORE, Petitioner respectfully requests the City Council of the City of Clearwater to: 355599 vI 3 a) Schedule a public hearing in accordance with the requirements of Chapter 190, Florida Statutes, to consider the establishment of the Clearwater Cay Club Community Development District; b) Grant the petition and adopt an ordinance pursuant to Chapter 190, Florida Statutes, establishing the Clearwater Cay Club Community Development District; and c) Consent to the District's exercise of its statutory powers which includes all powers set forth in Sections 190.011 and 190.012, Florida Statutes. RESPECTFULLY SUBMITTED, this In day of (YJ~c..(+ ,2005. ROB~ON, P. . C{. Thomas A. Cloud, Esquire 301 East Pine Street, Suite 14 Orlando, FL 32801 407 -843-8880 355599 vI 4 EXHIBIT "A" CLEARWATER CAY CLUB COMMUNITY DEVELOPMENT DISTRICT SURVEY The survey is attached and has been submitted to the City of Clearwater. . I .!. Ull~Ni . , ! 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I ~ I L II't.IOS U"tJ.1 1...11IM i..1, i I~A\'MHOIH.s.n'8S~ !.I."'.LS g ~~ l"3~ a w I I ~~ i .; h! ~l 0 :~8 3~ ~ ~~~ ~ 0 il & !a. ~ ~ l/!; ~ o.~ = ~ U! ~ ig ~$!:~ f __ h 8~ It ~ ;I i~ I~( ~ ~ i :nH;; ~ i a:g ~f ..;~g' ; ~ I~nI I I I I i~ 0. II i II II m /I! 0' oo~1 J 80'''10 2: 1 II Ii li iE Ii! EXHIBIT 4 wi ~ EI~g ~~ a ii .~J.~ goO: 0 !h i U h ~. h8 0 i~~~ ~g~ inii. ~u d~~ ~h d/(g8 1 ~ill I ~ H U i 0. 3 ill' ~~' 5'" - EXHIBIT "B" LEGAL DESCRIPTION OF THE LAND COMPRISING THE CLEARWATER CAY CLUB COMMUNITY DEVELOPMENT DISTRICT LEGAL DESCRIPTION: A parcel of land in Section 20, Township 29 South, Range 16 East, Pinellas County, Florida, being more particularly described as follows: Commence at the Southwest corner of said Section 20; thence along the South line of said Section 20, S89019'48"E, a distance of 100.01 feet to the East right of way line of U.S. Highway 19; thence N01026'21"E, along said East right of way line, a distance of 5.00 feet; thence S89019'48"E, parallel with said South line of Section 20, a distance of 252.55 feet to the Southeast corner of property conveyed in Official Records Book 9527, Page 480 of the Public Records of Pinellas County, Florida and the POINT OF BEGINNING; thence N01026'21"E, along the East line of said property, a distance of 345.00 feet to the Northeast corner of said property; thence N89019' 48"W, along the North line of said property, a distance of 77.55 feet to the Southeast corner of property conveyed in Official Records Book 13955, Page 418 of the Public Records of Pinellas County, Florida; thence N01026'21"E, along the East line of said property, a distance of 200.00 feet to the Northeast corner of said property; thence N89019'48"W, along the North line of said property, a distance of 175.00 feet to said East right of way line of U.S. Highway 19; thence N01026'21"E, along said East right of way line, a distance of 73.79 feet to the Southwest corner of property conveyed in Official Records Book 13618, Page 304 of the Public Records of Pinellas County, Florida; thence S89019' 48"E, along the South line of said property, a distance of 210.24 feet to the Southeast corner of said property; thence N01026'21"E, along the East line of said property, a distance of 179.82 feet to the Northeast corner of said property; thence N89019'48"W, along the North line of said property, a distance of 210.24 feet to said East right of way line of U.S. Highway 19; thence N01026'21"E, along said East right of way line, a distance of 361.95 feet; thence S89026'50"E, a distance of 885.00 feet; thence SOl026'21"W, a distance of 572.00 feet; thence N89019'48"W, a distance of 263.00 feet; thence SOl026'21"W, a distance of 246.00 feet; thence N89019'48"W, a distance of 12.00 feet; thence SOl026'21"W, a distance of 344.37 feet to a point 5.00 feet North of said South line of Section 20; thence N89019'48"W, parallel with said South line, a distance of 357.45 feet to the POINT OF BEGINNING. Containing 16.265 acres, more or less. TOGETHER WITH A tract of land lying within Sections 20 and 29, Township 29 South, Range 16 East, Pinellas County, Florida and being more particularly described as follows: Commence at the Southwest corner of said Section 20; thence along the South line of said Sect,ion 20, S89019'48"E, for 721.40 feet; thence S00027'22"E, for 43.51 feet to the POINT OF BEGINNING, said point also being a point of intersection with a non-tangent curve concave to the South; thence Easterly along the arc of said curve with a radial bearing S00027'51"E, and having a radius of 35.00 feet, a central angle of 14051' 42", an arc length of 9.08 feet and a chord bearing S83002'00"E, for 9.05 feet. to the point of reverse curvature with a curve concave to the North; thence Easterly along the arc of said curve, having a radius of 35.00 feet, a central angle of 13043'39", an arc length of 8.39 feet and a chord bearing S82027'58"E, for 8.37 feet to the point of tangency; thence S89019'48"E, for 111.84 feet to the point of intersection with a non-tangent curve concave to the Northwest;-thence Easterly along the arc of said curve with a radial bearing N00040'13"E, and having a radius of 55.50 feet, a central angle of 118044'08", an arc length of 115.01 feet and a chord bearing N31018'08"E, for 95.51 feet to the point of intersection with a non-tangent curve concave to the Northeast; thence Southeasterly along the arc of said curve with a radial bearing N61 0 56' 04 "E, and having a radius of 15.00 feet, a central angle of 46010'01", an arc length of 12.09 feet and a chord bearing S51008'57"E, for 11.76 feet to the point of compound curvature with a curve concave to the North; ll EXHIBIT thence Easterly along the arc of said curve, having a radius of 125.00 feet, a central angle of 56040'40", an arc length of 123.65 feet and a chord bearing N77025'43"E, for 118.67 feet-to the point of reverse curvature with a curve concave to the Southeast; thence Northeasterly along the arc of said curve, having a radius of 303.00 feet, a central angle of 00031'45", an arc length of 2.80 feet and a chord bearing N49021'15"E, for 2.80 feet to the point of intersection with a non-tangent line; thence N40022'52"W, for 14.84 feet to the point of intersection with a non-tangent curve concave to the Northwest; thence Northeasterly along the arc of said curve with a radial bearing N40043'39"W, and having a radius of 74.87 feet, a central angle of 02040'04", an arc length of 3.49 feet and a chord bearing N47056'19"E, for 3.49 feet to the point of reverse curvature with a curve concave to the Southeast; thence Northeasterly along the arc of said curve, having a radius of 234.00 feet, a central angle of 34019'10", an arc length of 140.16 feet and a chord bearing N63045'52"E, for 138.08 feet to the point of tangency; thence N80055'27"E, for 97.25 feet; thence N56001'58"E, for 40.45 feet; thence N78050'41"E, for 127.14 feet; thence S78023'09"E, for 24.44 feet; thence Sl1052'40"E, for 9.10 feet; thence N79023'05"E, for 49.80 feet; thence Nl0051'19"W, for 10.82 feet; thence N42027'28"E, for 66.63 feet; thence N35048'02"E, for 134.85 feet; thence East, for 67.34 feet; thence S38008'04"E, for 12.67 feet; thence East, for 68.14 feet; thence N54010'51"E, for 17.03 feet; thence East, for 96.27 feet; thence N55005'18"E, for 63.64 feet; thence East, for 25.42 feet to the point of curvature of a curve concave to the North; thence Easterly along the arc of said curve, having a radius of 64.00 feet, a central angle of 39042'28", an arc length of 44.35 feet and a chord bearing N70008'46"E, for 43.47 feet to the point of reverse curvature with a curve concave to the South; thence Northeasterly along the arc of said curve, having a radius of 58.00 feet, a central angle of 36055'37", an arc length of 37.38 feet and a chord bearing N68045'21"E, for 36.74 feet to the point of reverse curvature with a curve concave to the Northwest; thence Easterly along the arc of said curve, having a radius of 54.00 feet, a central angle of 87013'09", an arc length of 82.20 feet and a chord bearing N43036'34"E, for 74.49 feet to the point of tangency; thence North, for 189.83 feet; thence S89019'09"E, for 779.97 feet; thence S60000'00"W, for 1333.52 feet; thence S89019'48"E, for 209.91 feet; thence S24054'45"W, for 343.41 feet to the point of intersection with a non-tangent curve concave to the Southeast; thence Southwesterly along the arc of said curve with a radial bearing S52036'11"E, and having a radius of 1577.45 feet, a central angle of 13022'27", an arc length of 368.22 feet and a chord bearing S300 42' 35"W, for 367.38 feet to the point of intersection with a non-tangent line; thence N89004'26"W, for 829.18 feet; thence N00027'22"W, for 584.06 feet to the POINT OF BEGINNING. Containing 24.074 acres, more or less. TOGETHER WITH an easement for ingress, egress, drainage and utilities created by . documents recorded in Official Records Book 10958, Page 299, Official Records Book 12557, Page 2644, and Official Records Book 10784, Page 1247 of the Public Records of Pinellas County Florida, over the following described parcel: A tract of land lying in Sections 20 and 29, Township 29 South, Range 16 East, Pinellas County, Florida, being further described as follows: Commence at the Southwest corner of said Section 20; thence S89019'48"E, along the South line of said Section 20 and the North line of said Section 29, a distance of 100.01 feet to the East right of way line of U.S. Highway 19 and the POINT OF BEGINNING; thence N01026'21"E, along said East right of way line, a distance of 5.00 feet; thence S89019'48"E, parallel with said South line of Section 20, a distance of 610.00 feet; thence SOl026'21"W, a distance of 5.00 feet to the North line of said Section 29; thence S89019'48"E, along said North line, a distance of 5.89 feet to a point of intersection with a non-tangent curve concave to the Northwest; thence Northeasterly along the arc of said curve with a radial bearing N35013'11"W, and having a radius of 35.00 feet, a central angle of 300 38' 59", an arc length of 18.72 feet and a chord bearing N39027'06"E, for 18.50 feet to the point of reverse curvature with a curve concave to the Southeast; thence Northeasterly along the arc of said curve, . having a radius of 45.00 feet, a central angle of 660 32' 19" an arc length of 52.26 feet and a chord bearing N57024'02"E, for 49.37 feet to the point of tangency; thence S89019'48"E, for 15.64 feet to the point of curvature of a curve concave to the North; thence Easterly along the arc of said curve, having a radius of 50.00 feet, a central angle of 390 25' 12", an arc length of 34.40 feet and a chord bearing N70057'37"E, for 33.73 feet to the point of a reverse curve concave to the West; thence Southeasterly along the arc of said curve, having a radius of 55.50 feet, a central angle of 2190 25' 12", an arc length of 212.54 feet and a chord bearing S19002' 23"E, for 104.50 feet to the point of tangency; thence N89019'48"W, for 111.84 feet to the point of curvature of a curve concave to the North; thence Westerly along the arc of said curve, having a radius of 35.00 feet, a central angle of 130 43' 39", an arc length of 8.39 feet and a chord bearing N82027'58"W, for 8.37 feet to the point of reverse curvature with a curve concave to the South; thence Westerly along the arc of said curve, having a radius of 35.00 feet, a central angle of 140 51' 42", an arc length of 9.08 feet and a chord bearing N83002'00"W, for 9.05 feet to a point of intersection with a non-tangent line; thence S00027'22"E, for 6.50 feet; thence N89019'48"W, parallel with said North line, a distance of 382.87 feet; thence S76044'53"W, a distance of 57.73 feet; thence S87033'00"W, a distance of 57.06 feet; thence N89019'48"W, parallel with said North line, a distance of 126.71 feet to said East right of way line of U.S. Highway 19; thence N00051'16"E, along said East right of way line, a distance of 67.00 feet to the POINT OF BEGINNING. EXHIBIT "C" CLEARWATER CAY CLUB COMMUNITY DEVELOPMENT DISTRICT CONSENT OF LAND OWNERS CONSENT AND JOINDER TO PETITION TO ESTABLISH COMMUNITY DEVELOPMENT DISTRICT Grand Venezia Clearwater, LLC, a Florida limited liability company, by and through the undersigned hereby agrees and consents to the establishment of a community development district with authority to exercise all special and general powers upon the lands described in Exhibit "A" attached hereto, pursuant to Chapter 190, Florida Statutes. By: GRAND VENEZIA CLEARWATER, LLC, a Florida limited liability company By: SUNVEST RESORT COMMUNITIES, LC, a Florida Limited liability company, as its Manager STATE OF FLOl1lDA COUNTY OF (?nA;\;iIitrcC J.J.T 1 The foregoing instrument was acknowledged before me this 2!:1....:.. day of JJ2bJ.f a...~ ,2005 by Harvey Birdman, as Manager of SUNVEST RESORT C MUNITIES, LC, a Florida limited liability company, Manager of GRAND VENEZIA CLEARWATER, LLC, a Florida limited . liability company, by who is personally known to me or who has produced- as identification. P~ R'-' C' tjor'" Public State 01 Florida Notal'j r~~r. "A Alvarez 7 M~'con'r...\SSlon DD21J84 22J'''''''7 E.~plieS \JV LVV' 1~. - . i J') Signat~t ry, A12iLt if-( ,4) LtLfQl Printed Name of Notary Commission Expires: b!iJf1?i1lWI {), 363309 v1 Iii iE EXHIBIT C LEGAL DESCRIPTION: A parcel of land in SectioIl 20, Township 29 South, Range 16 East, Pinellas County, Florida, being more particularly described as follows: Commence at the Southwest corner of said Section 20; thence along the South line of said Section 20, S89019'48"E, a distance of 100.01 feet to the East right of way line of U.S. Highway 19; thence N01026'21"E, along said East right of way line, a distance of 5.00 feet; thence S89019'48"E, parallel with said South line of Section 20, a distance of 252.55 feet to the Southeast corner of property conveyed in Official Records Book 9527, Page 480 of the Public Records of Pinellas County, Florida and the POINT OF BEGINNING; thence N01026'21"E, along the East line of said property, a distance of 345.00 feet to the Northeast corner of said property; thence N89019'48"W, along the North line of said property, a distance of 77.55 feet to the Southeast corner of property conveyed in Official Records Book 13955, Page 418 of the Public Records of Pinellas County, Florida; thence N01026'21"E, along the East line of said property, a distance of 200.00 feet to the Northeast corner of said property; thence N89019'48"W, along the North line of said property, a distance of 175.00 feet to said East right of way line of U.S. Highway 19; thence N01026'21"E, along said East right of way line, a distance of 73.79 feet to the Southwest corner of property conveyed in Official Records Book 13618, Page 304 of the Public Records of Pinellas County, Florida; thence S89019'48"E, along the South line of said property, a distance of 210.24 feet to the Southeast corner of said property; thence N01026'21"E, along the East line of said property, a distance of 179.82 feet to the Northeast corner of said property; thence N89019'48"W, along the North line of said property, a distance of 210.24 feet to said East right of way line of U.S. Highway 19; thence N01026'21riE, along said East right of way line, a distance of 361.95 feet; thence S89026'50"E, a distance of 885.00 feet; thence SOl026'21"W, a distance of 572.00 feet; thence N89019'48"W, a distance of 263.00 feet; thence SOl026'21"W, a distance of 246.00 feet; thence N89019'48"W, a distance of 12.00 feet; thence SOl026'21"W, a distance of 344.37 feet to a point 5.00 feet North of said South line of Section 20; thence N89019'48"W, parallel with said South line, a distance of 357.45 feet to the POINT OF BEGINNING. Containing 16.265 acres, more or less. TOGETHER WITH A tract of land lying within Sections 20 and 29, Township 29 South, Range 16 East, Pinellas County, Florida and being more particularly described as follows: Commence at the Southwest corner of said Section 20; thence along the South line of said Section 20, S89019'48"E, for 721.40 feet; thence S00027'22"E, for 43.51. feet to the POINT OF BEGINNING, said point also being a point of intersection with a non-tangent curve concave to the South; thence Easterly along the arc of said curve with a radial bearing S00027'51"E, and having a radius of 35.00 feet, a central angle of 14051' 42", an arc length of 9.08 feet and a chord bearing S83002'00"E, for 9.05 feet to the point of reverse curvature with a curve concave to the North; thence Easterly along the arc of said curve, having a radius of 35.00 feet, a central angle of 13043'39", an arc length of 8.39 feet and a chord bearing S82027'58"E, for 8.37 feet to the point of tangency; thence S89019'48"E, for 111.84 feet to the point of intersection with a non-tangent curve concave to the Northwest; thence Easterly along the arc of said curve with a radial bearing N00040'13"E, and having a radius of 55.50 feet, a central angle of 118044'08", an arc length of 115.01 feet and a chord bearing N31018'08"E, for 95.51 feet to the point of intersection with a non-tangent curve concave to the Northeast; thence Southeasterly along the arc of said curve with a radial bearing N61 0 56' 04 "E, and having a radius of 15.00 feet, a central angle of 46010'01", an arc length of 12.09 feet and a chord bearing S51008'57"E, for 11.76 feet to the point of compound curvature with a curve concave to the North; thence Easterly along the arc of said curve, having a radius of 125.00 feet, a central angle of 56040'40", an arc length of 123.65 feet and a chord bearing N77025'43"E, for 118.67 feet to the point of reverse curvature with a curve concave to the Southeast; thence Northeasterly along the arc of said curve, having a radius of 303.00 feet, a central angle of 00031'45", an arc length of 2.80 feet and a chord bearing N49021'15"E, for 2.80 feet to the point of intersection with a non-tangent line; thence N40022'52"W, for 14.84 feet to the point of intersection with a non-tangent curve concave to the Northwest; thence Northeasterly along the arc of said curve with a radial bearing N40043'39"W, and having a radius of 74.87 feet, a central angle of 02040'OA",an arc length of 3.49 feet and a chord bearing N47056'19"E, for 3.49 feet to the point of reverse curvature with a curve concave to the Southeast; thence Northeasterly along the arc of said curve, having a radius of 234.00 feet, a central angle of 34019'10", an arc length of 140.16 feet and a chord bearing N63045'52"E, for 138.08 feet to the point of tangency; thence N80055'27"E, for 97.25 feet; thence N56001'58"E, for 40.45 feet; thence N78050'41"E, for 127.14 feet; thence S7S023'09"E, for 24.44 feet; thence S11052'40"E, for 9.10 feet; thence N79023'05"E, for 49.80 feet; thence N10051'19"W, for 10.82 feet; thence N42027'28"E, for 66.63 feet; thence N35048'02"E, for 134.85 feet; thence East, for 67.34 feet; thence S38008'04"E, for 12.67 feet; thence East, for 68.14 feet; thence N54010'51"E, for 17.03 feet; thence East, for 96.27 feet; thence N55005'18"E, for 63.64 feet; thence East, for 25.42 feet to the point of curvature of a curve concave to the North; thence Easterly along the arc of said curve, having a radius of 64.00 feet, a central angle of 39042'28", an arc length of 44.35 feet and a chord bearing N70008'46"E, for 43.47 feet to the point of reverse curvature with a curve concave to the South; thence Northeasterly along the arc of said curve, having a radius of 58.00 feet, a central angle of 36055'37", an arc length of 37.38 feet and a chord bearing N68045'21"E, for 36.74 feet to the point of reverse curvature with a curve concave to the Northwest; thence Easterly along the arc of said curve, having a radius of 54.00 feet, a central angle of 87013'09", an arc length of 82.20 feet and a chord bearing N43036'34"E, for 74.49 feet to the point of tangency; thence North, for 189.83 feet; thence S89019'09"E, for 779.97 feet; thence S60000'OO"W, for 1333.52 feet; thence S89019'48"E, for 209.91 feet; thence S24054'45"W, for 343.41 feet to the point of intersection with a non-tangent curve concave to the Southeast; thence Southwesterly along the arc of said curve with a radial bearing S52036'11"E, and having a radius of 1577.45 feet, a central angle of 13022'27", an arc length of 368.22 feet and a chord bearing S30042'35"W, for 367.38 feet to the point of intersection with a non-tangent line; thence N89004' 26"W, for 829.18 feet; thence N00027'22"W, for 584.06 feet to the POINT OF BEGINNING. Containing 24.074 acres, more or less. TOGETHER WITH an easement for ingress, egress, drainage and utilities created by documents recorded in Official Records Book 10958, Page 299, Official Records Book 12557, Page 2644, and Official Records Book 10784, Page 1247 of the Public Records of Pinellas County Florida, over the following described parcel: A tract of land lying in Sections 20 and 29, Township 29 South, Range 16 East, Pinellas County, Florida, being further described as follows: Commence at the Southwest corner of said Section 20; thence S89019'48"E, along the South line of said Section 20 and the North line of said Section 29, a distance of 100.01 feet to the East right of way line of U.S. Highway 19 and the POINT OF BEGINNING; thence N01 026' 21 "E, along said East right of way line, a distance of 5.00 feet; thence S89019'48"E, parallel with said South line of Section 20, a distance of 610.00 feet; thence SOl026'21"W, a distance of 5.00 feet to the North line of said Section 29; thence S89019'48"E, along said North line, a distance of 5.89 feet to a point of intersection with a non-tangent curve concave to the Northwest; thence Northeasterly along the arc of said curve with a radial bearing N35013'11"W, and having a radius.of 35.00 feet, a cenOtral angle of 300 38' 59", an arc length of 18.72 feet and a chord bearing N39027' 06"E, for 18.50 feet to the point of reverse curvature with a curve concave to the Southeast; thence Northeasterly along the arc of said curve, having a radius of 45.00 feet, a central angle of 660 32' 19" an arc length of 52.26 feet and a chord bearing N57024'02"E, for 49.37 feet to the point of tangency; thence S89019'48"E, for 15.64 feet to the point of curvature of a curve concave to the North; thence Easterly along the arc of said curve, having a radius of 50.00 feet, a central angle of 390 25' 12", an arc length of 34.40 feet and a chord bearing N70057'37"E, for 33.73 feet to the point of a reverse curve concave to the West; thence Southeasterly along the arc of said curve, having a radius of 55.50 feet, a central angle of 2190 25' 12", an arc length of 212.54 feet and a chord bearing S19002'23"E, for 104.50 feet to the point of tangency; thence N89019'48"W, for 111.84 feet to the point of curvature of a curve concave to the North; thence Westerly along the arc of said curve, having a radius of 35.00 feet, a central angle of 130 43' 39", an arc length of 8.39 feet and a chord bearing N82 0 27' 58 "W, for 8.37 feet to the point of reverse curvature with a curve concave to the South; thence Westerly along the arc of said curve, having a radius of 35.00 feet, a central angle of 140 51' 42", an arc length of 9.08 feet and a chord bearing N83002'OO"W, for 9.05 feet to a point of intersection with a non-tangent line; thence S00027'22"E, for 6.50 feet; thence N89019'48"W, parallel with said North line, a distance of 382.87 feet; thence S76044'53"W, a distance of 57.73 feet; thence S87033'00"W, a distance of 57.06 feet; thence N89019'48"W, parallel with said North line, a distance of 126.71 feet to said East right of way line of U.S. Highway 19; thence N00051'16"E, along said East right of way line, a distance of 67.00 feet to the POINT OF BEGINNING. CONSENT AND JOINDER TO PETITION TO ESTABLISH COMMUNITY DEVELOPMENT DISTRICT DC703, LLC, a Florida limited liability company, by and through the undersigned hereby agrees and consents to the establishment of a community development district with authority to exercise all special and general powers upon the lands described in Exhibit "A" attached hereto, pursuant to Chapter 190, Florida Statutes. By: DC703, LLC, a Florida limited liability company F. Dave Clark, as Manager STATE OF FLORIDA COUNTY OF ~~-roe.. The foregoing instrument was acknowledged before me this ~\.s'-day of x::r~~-v~~ ,2005 by F. Dave Clark, as Manager of DC703, LLC, a Florida limited liability company, who is personally known to me or who has produced as identification. J~~ II ~~ Sig~otary t:~t"O-'" ~ ~~ Printed Name of Notary , Commission Expires: ~ ---~ ~ III'" DEBORAH A. SMITH fm\ Notlry Public ". Stlte of Florida Ioty Commission Expires Sep 30, 2005 W Commis&ion . 00056559 r..r,;.~ Bc~ded By Nelianal Notlry Assn. 363309 v1 jj EXHIBIT C/ LEGAL DESCRIPTION: A parcel of land in Section 20, Township 29 South, Range 16 East, Pinellas County, Florida, being more particularly described as follows: Commence at the Southwest corner of said Section 20; thence along the South line of said Section 20, S89019'48"E, a distance of 100.01 feet to the East right of way line of U.S. Highway 19; thence N01026'21"E, along said East right of way line, a distance of 5.00 feet; thence S89019'48"E, parallel with said South line of Section 20, a distance of 252.55 feet to the Southeast corner of p'roperty conveyed in Official Records Book 9527, Page 480 of the Public Records of Pinellas County, Florida and the POINT OF BEGINNING; thence NOlo 2 6' 21 "E, along the East line of said property, a distance of 345.00 feet to the Northeast corner of said property; thence N89019'48"W, along the North line of said property, a distance of 77.55 feet to the Southeast corner of property conveyed in Official Records Book 13955, Page 418 of the Public Records of Pinellas County, Florida; thence N01026'21"E, along the East line of said property, a distance of 200.00 feet to the Northeast corner of said property; thence N89019'48"W, along the North line of said property, a distance of 175.00 feet to said East right of way line of U.S. Highway 19; thence N01026'21"E, along said East right of way line, a distance of 7 3.79 feet to the Southwest corner of property conveyed in Official Records Book 13618, Page 304 of the Public Records of Pinellas County, Florida; thence S89019'48"E, along the South line of said property, a distance of 210.24 feet to the Southeast corner of said property; thence N01026'21"E, along the East line of said property, a distance of 179.82 feet to the Northeast corner of said property; thence N8 9019' 48 "W, along the North line of said property, a distance of 210.24 feet to said East right of way line of U.S. Highway 19; thence N01026'21"E, along said East right of way line, a distance of 361.95 feet; thence S89026'50"E, a distance of 885.00 feet; thence SOl026'21"W, a distance of 572.00 feet; thence N89019'48"W, a distance of 263.00 feet; thence SOl026'21"W, a distance of 246.00 feet; thence N89019'48"W, a distance of 12.00 feet; thence SOl026'21"W, a distance of 344.37 feet to a point 5.00 feet North of said South line of Section 20; thence N89019'48"W, parallel with said South line, a distance of 357.45 feet to the POINT OF BEGINNING. Containing 16.265 acres, more or less. TOGETHER WITH A tract of land lying within Sections 20 and 29, Township 29 South, Range 16 East, Pinellas County, Florida and being more particularly described as follows: Commence at the Southwest corner of said Section 20; thence along the South line of said Section 20, S89019'48"E, for 721.40 feet; thence S00027'22"E, for 43.51 feet to the POINT OF BEGINNING, said point also being a point of intersection with a non-tangent curve concave to the South; thence Easterly along the arc of said curve with a radial bearing S00027'51"E, and having a radius of 35.00 feet, a central angle of 14051'42", an arc length of 9.08 feet and a chord bearing S83002'OO"E, for 9.05 feet to the point of reverse curvature with a curve concave to the North; thence Easterly along the arc of said curve, having a radius of 35.00 ,feet, a central angle of 13043'39", ah arc length of 8.39 feet and a chord bearing S82027'58"E, for 8.37 feet to the point of tangency; thence S89019'48"E, for 111.84 feet to the point of intersection with a non-tangent curve concave to the Northwest; thence Easterly along the arc of said curve with a radial bearing N00040'13"E, and having a radius of 55.50 feet, a central angle of 118044'08", an arc length of 115.01 feet and a chord bearing N31018'08"E, for 95.51 feet to the point of intersection with a non-tangent curve concave to the Northeast; thence Southeasterly along the arc of said curve with a radial bearing N61 0 56' 04 "E, and having a radius of 15.00 feet, a central angle of 46010'01", an arc length of 12.09 feet and a chord bearing S51008'57"E, for 11.76 feet to the point of compound curvature with a curve concave to the North; thence Easterly along the arc of said curve, having a radius of 125.00 feet, a central angle of 56040'40", an arc length of 123.65 feet and a chord bearing N77025'43"E, for 118.67 feet to the point of reverse curvature with a curve concave to the Southeast; thence Northeasterly along the arc of said curve, having a radius of 303.00 feet, a central angle of 00031'45", an arc length of 2.80 feet and a chord bearing N49021'15"E, for 2.80 feet to the point of intersection with a non-tangent line; thence N40022'52"W, for 14.84 feet to the point of intersection with a non-tangent curve concave to the Northwest; thence Northeasterly along the arc of said curve with a radial bearing N40043'39"W, and having a radius of 74.87 feet, a central angle of 02040'04", .an arc length of 3.49 feet and a chord bearing N47056'19"E, for 3.49 feet to the point of reverse curvature with a curve concave to the Southeast; thence Northeasterly along the arc of said curve, having a radius of 234.00 feet, a central angle of 34019'10", an arc length of 140.16 feet and a chord bearing N63045'52"E, for 138.08 feet to the point of tangency; thence N80055'27"E, for 97.25 feet; thence N56001'58"E, for 40.45 feet; thence N78050'41"E, for 127.14 feet; thence S78023'09"E, for 24.44 feet; thence Sl1052'40"E, for 9.10 feet; thence N79023'05"E, for 49.80 feet; thence N10051'19"W, for 10.82 feet; thence N42027'28"E, for 66.63 feet; thence N35048'02"E, for 134.85 feet; thence East, for 67.34 feet; thence S38008'04"E, for 12.67 feet; thence East, for 68.14 feet; thence N54010'51"E, for 17.03 feet; thence East, for 96.27 feet; thence N55005'18"E, for 63.64 feet; thence East, for 25.42 feet to the point of curvature of a curve concave to the North; thence Easterly along the arc of said curve, having a radius of 64.00 feet, a central angle of 39042'28", an arc length of 44.35 feet and a chord bearing N70008'46"E, for 43.47 feet to the point of reverse curvature with a curve concave to the South; thence Northeasterly along the arc of said curve, having a radius of 58.00 feet, a central angle of 36055'37", an arc length of 37.38 feet and a chord bearing N68045'21"E, for 36.74 feet to the point of reverse curvature with a curve concave to the Northwest; thence Easterly along the arc of said curve, having a radius of 54.00 feet, a central angle of 87013'09", an arc length of 82.20 feet and a chord bearing N43036'34"E, for 74.49 feet to the point of tangency; thence North, for 189.83 feet; thence S89019'09"E, for 779.97 feet; thence S60000'OO"W, for 1333.52 feet; thence S89019'48"E, for 209.91 feet; thence S24054'45"W, for 343.41 feet to the point of intersection with a non-tangent curve concave to the Southeast; thence Southwesterly along the arc of said curve with a radial bearing S52036'11"E, and having a radius of 1577.45 feet, a central angle of 13022'27", an arc length of 368.22 feet and a chord bearing S30042'35"W, for 367.38 feet to the point of intersection with a non-tangent line; thence N89004'26"W, for 829.18 feet; thence N00027'22"W, for 584.06 feet to the POINT OF BEGINNING. Containing 24.074 acres, more or less. TOGETHER WIT~ an easement for ingress, egress, drainage and utilities created by documents recorded in Official Records Book 10958, Page 299, Official Records Book 12557, Page 2644, and Official Records Book 10784, Page 1247 of the Public Records of Pinellas County Florida, over the following described parcel: A tract of land lying in Se~tions 20 and 29, Township 29 South, Range 16 East, Pinellas County, Florida, being further described as follows: Commence at the Southwest corner of said Section 20; thence S89019'48"E, along the South line of said Section 20 and the North line of said Section 29, a distance of 100.01 feet to the East right of way line of U.S. Highway 19 and the POINT OF BEGINNING; thence N01 026' 21 "E, along said East right of way line, a distance of 5.00 feet; thence S89019'48"E, parallel with said South line of Section 20, a distance of 610.00 feet; thence SOl026'21"W, a distance of 5.00 feet to the North line of said Section 29; thence S89019'48"E, along said North line, a distance of 5.89 feet to a point of intersection with a non-tangent curve concave to the Northwest; thence Northeasterly along the arc of said curve with a radial bearing N35013'11"W, and having a radius of 35.00 feet, a central angle of 300 38' 59", an arc length of 18.72 feet and a chord bearing N39027'06"E, for 18.50 feet to the point of reverse curvature with a curve concave to the Southeast; thence Northeasterly along the arc of said curve, having a radius of 45.00 feet, a central angle of 660 32' 19" an arc length of 52.26 feet and a chord bearing N57024'02"E, for 49.37 feet to the point of tangency; thence S89019'48"E, for 15.64 feet to the point of curvature of a curve concave to the North; thence Easterly along the arc of said curve, having a radius of 50.00 feet, a central angle of 390 25' 12", an arc length of 34.40 feet and a chord bearing N70057'37"E, for 33.73 feet to the point of a reverse curve concave to the West; thence Southeasterly along the arc of said curve, having a radius of 55.50 feet, a central angle of 2190 25' 12", an arc length of 212.54 feet and a chord bearing S19002'23"E, for 104.50 feet to the point of tangency; thence N89019'48"W, for 111.84 feet to the point of curvature of a curve concave to the North; thence Westerly along the arc of said curve, having a radius of 35.00 feet, a central angle of 130 43' 39", an arc length of 8.39 feet and a chord bearing N82027' 58"W, for 8.37 feet to the point of reverse curvature with a curve concave to the South; thence Westerly along the arc of said curve, having a radius of 35.00 feet, a central angle of 140 51' 42", an arc length of 9.08 feet and a chord bearing N83002'00"W, for 9.05 feet to a point of intersection with a non-tangent line; thence S00027'22"E, for 6.50 feet; thence N89019'48"W, parallel with said North line, a distance of 382.87 feet; thence S76044'53"W, a distance of 57.73 feet; thence S87033'00"W, a distance of 57.06 feet; thence N89019'48"W, parallel with said North line, a distance of 126.71 feet to said East right of way line of U. S. Highway 19; thence N00051'16"E, along said East right of way line, a distance of 67.00 feet to the POINT OF BEGINNING. EXHIBIT "0" CLEARWATER CAY CLUB COMMUNITY DEVELOMENT DISTRICT BOARD OF SUPERVISORS 1. Darcy Edwards 2724 Via Murano, Unit 620 Clearwater, FL 33764 2. Gary Schwarz 2722 Via Tivoli, Unit 416A Clearwater, FL 33764 3. David Schwarz 2722 Via Tivoli, Unit 416A Clearwater, FL 33764 4. Cristal Coleman 2749 Via Cipriani, Unit 10158 Clearwater, FL 33764 5. Fred Clark, Sr. 2709 Via Cipriani, Unit 521A Clearwater, FL 33764 EXHIBIT ii i a;D EXHIBIT "E" MAPS SHOWING CURRENT MAJOR TRUNK WATER MAINS, SEWER INTERCEPTORS AND OUTFALLS I ' I w l!Ii ~ 11i ~:Ii: E ~a 1&, Qb tQ1 ~ '- 1>. \ r\\ '\ :~ I \ \~ t _ ~\ Jrr:Jl=---lI...tr-.~;j~ " ~.~ .1I I' I Ir-i I I I I \ ~ I I' ,_ ~. ~ I I rrb __I-I I __~ =) ___I II L.-A~~_::::J:~r ,II I ~~..... II III I '~ 11 III1 ,I I ~:I tl II I g; IIIIiliIII II I ,~ III II I,'" I I ~ 1t- 1 r-- -/- --71 I~I' _ II 'II - r - l I - -.... 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I ,', \ I I >>\ I J.~ ''\~\ 1rr(" I I I II I II "'1 II'r=j;="~ R"~ ..~ \ ~ I IIf----------->!'--., I )~ ~ II : : \ ~ ~ I,I : ,-= I I ILa \ -, /-.~ _J!--_.J'\.___~ \ II , MI.. ~ _ ~L_=-__ ~__ _____I L________~.... ______ , I -,,~ I I 1' ~ !I II I'" IIIIg; I I Jj I~, II '1 ill' II 1 .. I II "I r--tr----t IIIIII1 _~.p, I 1\ j I I: - - r~- _-- 't II I t--t---;::----:..------~~-t--:..-:..----~Lt-----i-=-=----- 11- I, ___ 1..~-_-.=,~~ ~__ _ _ _ _ _ _ ___ CD Q.. i I- t c:::~ I, 6~ A'v'MH8IH 's'n - 99 a'v'o~ 31'v'lS Jii QS Q) Ci :E t e I iI ~ i ~ In a @) J ~ IlUIi~ i!: I I E51 i ~ t ~ z ~ In II. r~ 0. I!! w UJ Ii o UJ i z y l a: Ii Iii c 3ffi0 I!! ::Ii ~ 2iJ U ~ I u ~ ~ l :l ": Ii ~i2 ~ g ~ u i 1 ~ II I a ~ DC703 COMMUNITY DEVELOPMENT DISTRICT PRELIMINARY INFRASTRUCTURE COST OPINION Grand Venezia Cay Club TOTAL WATER I WASTEWATER Stormwater System $198,000 $1,907,500 Seawalls $625,000 $725,000 Water Mains $99,000 $93,000 Reclaimed Water $0 $63,000 Sanitary I Lift Stations $592,100 $882,100 Utilities $312,500 $300,000 1,826,600 $3,970,600 $ 5,797,200 ROADWAYS .. Entryway Structures $50,000 $100,000 Road (4LD) $0 $149,600 Road (2L) $266,000 $105,000 Parking (On-Street) $574,800 $61,200 Lighting $175,000 $140,000 Plaza (3) $0 $294,532 Landscaping (Roads) $266,000 $391,083 Sidewalks $101,750 $24,100 1,433,550 $1,265,515 $ 2,699,065 RECREATION I WATERFRONT TennisNolleyball Courts $300,000 $300,000 Water Features (Fountains) $0 $700,000 Waterfront Theater $0 $850,000 Fountains $0 $960,000 Flower Garden $0 $225,000 Docks / Wharf / Promenade $750,000 $750,000 Bridges $0 $500,000 Kiosks $0 $150,000 Landscaping $0 $715,000 Pool $0 $270,000 Gazebo $50,000 $50,000 1,100,000 $5,470,000 $ 6,570,000 PARKING Parking Structures $0 $1,650,000 $ 1,650,000 SECURITY Guardhouses $50,000 $150,000 Walls $0 $6,500 50,000 $156,500 $ 206,500 4,410,150 $ 12,512,615 Note: This is a preliminary cost opinion only and is GRAND TOTAL: $ 16,922,765 based on information provided by the owner to date. For Informational Purposes Only. EXHIBIT f r r EXHIBIT "G" STATEMENT OF ESTIMATED REGULATORY COSTS (SERC) STATEMENT OF ESTIMATED REGULATORY COSTS 1.0 Introduction 1.1 Purpose and Scope This statement of estimated regulatory costs ("SERC") supports the petition to establish the Clearwater Cay Club Community Development District ("District"). The proposed District comprises approximately 40 +/- acres of land within the City of Clearwater, Florida on which approximately 195 residential villa units, 119 hotel-minium units, 17,278 S.F. of office space, 102,869 S.F. of retail space, 27,014 S.F. of restaurant space, parking and recreational facilities are planned for development. The aforementioned development program will be added to the 336 existing apartments. The limitations on the scope of this SERC are set out in Chapters 120 and 190 F.S. (2004) (specifically, Sections 190.005(1)(a)8, and 120.541(2)). Moreover, Section 190.002(2)(d), F.S. (2004), provides "that the process of establishing such a district pursuant to uniform general law shall be fair and based onlv on factors material to managing and financing the service delivery function of the district, so that any matter concerning permitting or planning of the development is not material or relevant emphasis added)." 1.2 Overview of the Clearwater Cay Club Community Development District The District is designed to provide community infrastructure, services, and facilities along with their operations and maintenance. The development plan for the proposed lands within the District includes the construction of approximately 195 residential villa units, 119 hotel-minium units, 17,278 S.F. of office space, 102,869 S.F. of retail space,27,014 S.F. of restaurant space, parking and recreational facilities. The 336 existing apartments will be renovated to compliment the newly constructed development program. 1.3 Requirements for the Statement of Estimated Regulatory Costs Section 120.541(2), F.S. (2004), defines the elements a statement of estimated regulatory costs must contain: a) A good faith estimate of the number of individuals and entities likely to be required to comply with the rule, together with a general description of the types of individuals likely to be affected by the rule. b) A good faith estimate of the cost to the agency, and to any other state and local government entities, of implementing and enforcing the proposed rule, and any anticipated effect on state and local revenues. c) A good faith estimate of the transactional costs likely to be incurred by individuals and entities, including local govermnental entities, required to comply with the requirements of 1 1 iis EXHIBIT the rule. As used in this paragraph, "transactional costs" are direct costs that are readily ascertainable based upon standard business practices, and include filing fees, the cost of obtaining a license, the cost of equipment required to be installed or used or procedures required to be employed in complying with the rule, additional operating costs incurred, and the cost of monitoring and reporting. d) An analysis of the impact on small businesses as defined by Section 288.703. F.S. 2004), and an analysis of the impact on small counties and small cities as defmed by Section 120.52, F.S. (2004). The City of Clearwater is not defined as a small city for purposes ofthis requirement. e) Any additional information that the agency determines may be useful. f) In the statement or revised statement, whichever applies, a description of any good faith written proposal submitted under paragraph (l)(a) and either a statement adopting the alternative or a statement of the reasons for rejecting the alternative in favor of the proposed ' rule. 2.0 A good faith estimate of the number of individuals and entities likely to be required to comply with the ordinance, together with a general description of the types of individuals likely to be affected by the ordinance. As noted above, Clearwater Cay Club is designed for approximately 336 apartments, 195 residential villa units, 119 hotel-minium units, 17,278 S.F. of office space, 102,869 S.F. of retail space, and 27,014 S.F. of restaurant space. Establishment of the District would put all of the households and businesses that locate within the community under the jurisdiction of the District. Of course, the decision to locate within the District is a voluntary one. 3.0 A good faith estimate of the cost to state and local government entities of implementing and enforcing the proposed ordinance, and any anticipated effect on state and local revenues. 3.1 Costs to Govermnental Agencies ofImplementing and Enforcing Ordinance State Govermnent Entities The District consists of fewer than 1,000 acres; therefore the City of Clearwater is the establishing entity under Section 190.005(2), F.S. (2004). There will be only modest costs to various State govermnental entities to implement and enforce the proposed establishment of the District. The modest costs to various State entities to implement and enforce the proposed ordinance relate strictly to receipt and processing of various reports that the proposed District is required to file with the State and its various entities. Appendix A lists the reporting requirements. The costs to those State agencies that will receive and process the District's reports are very small, because the District is only one of several hundred govermnental units that are required to submit the various reports. Therefore, the marginal cost of processing one additional set of reports is de minimis. Additionally, pursuant to Section 2 189.412, F.S. (2004) the proposed District must pay an annual fee to the State of Florida Department of Community Affairs to offset such costs. The City of Clearwater The land within the District is within the municipal limits of the City of Clearwater and consists of fewer than 1,000 acres. The Clearwater City Council and its staff will process, analyze, conduct a public hearing, and vote upon the petition to establish the District. These activities will absorb some resources. These costs to the City are modest for a number of reasons. First, review of the petition to establish the District does not include analysis of the project itself. Second, the petition itself provides much of the information needed for a staff review. Third, the City of Clearwater already possesses the staff needed to conduct the review without the need for new staff. Fourth, there is no capital required to review the petition. Fifth, local governments routinely process similar petitions for land uses and zoning changes that are far more complex than is the petition to establish a community development district. Finally, costs related to staff's time to process the petition to establish the District have been offset by a filing fee that will be paid to the City. The annual costs to the City, because of the establishment of the District, are also very small and within control of the City. The proposed District is an independent unit of local govermnent. The only annual costs the City faces are the minimal costs of receiving and to the extent it wishes, reviewing the various reports that the District is required to provide to the City. 3.2 Impact on State and Local Revenues Adoption of the proposed ordinance will have no negative impact on State or local revenues. The District is an independent unit of local govermnent with limited powers. It is designed by law to provide community facilities and services to the lands that comprise the Clearwater Cay Club Community. It has its own sources of revenue. No State or local subsidies are required or expected. In this regard it is important to note that any debt obligations incurred by the District to construct its infrastructure, or for any other reason, "are not debts of the State of Florida or any other unit of local govermnent. In accordance with State law, debts of the CDD are strictly its own responsibility. 4.0 A good faith estimate of the transactional costs likely to be incurred by individuals and entities required to comply with the requirements of the ordinance. Table 1 provides an outline of the various facilities and services the proposed District may provide. It is anticipated that the District will fund, own, operate, and maintain the community's recreational amenities, public parking, and security facilities. The District also plans to construct and fmance the internal roadway system, and potable water and wastewater utilities. It is anticipated that these facilities will be turned over to the City of Clearwater for ownership and maintenance. 3 Table 1. Clearwater Cay Club Community Development District Proposed Facilities and Services FACILITY FUNDEDI O&M OWNERSHIP CONSTRUCTED W ater/Wastewater CDD City of City of Clearwater Clearwater Roadways CDD City of City of Clearwater Clearwater Recreation CDD CDD CDD Parking CDD CDD CDD Security CDD CDD CDD The petitioner has estimated the costs for providing the capital facilities outlined in Table 1. The cost estimates are shown in Table 2 below. Total costs for these facilities are estimated to be approximately $16,922,765. To fund this construction program the District may issue special assessments or other revenue bonds estimated to total $22,000,000. These would be repaid through non-ad valorem assessments levied on all developable property within the District that specially benefit from the District's capital improvement program as outlined in Table 2. Table 2. Summary of Estimated Capital Costs Clearwater Cay Club Community Development District Category W ater/Wastewater Roadways Recreation Parking Security Total Construction Estimate 5,797,200 2,699,065 6,570,000 1,650,000 206.500 16,922,765 Prospective future landowners in the District may be required to pay non-ad valorem assessments levied by the District to secure the debt incurred through bond issuance. In addition to the levy of non-ad valorem assessments for debt service, the District may also impose a non-ad valorem assessment to fund the operations and maintenance of the District and its facilities and services. It is important to note that the various costs outlined in Table 2 are typical for developments of the type contemplated. There is nothing peculiar about the District's fmancing that requires additional infrastructUre over and above what would normally be needed. Therefore, these costs are not in addition to normal development costs. District-imposed assessments for operations and maintenance costs are similar to what would be charged by a property owner's association common to most mixed-use developments except they are govermnent enforced first liens. 4 Real estate markets are quite efficient, because buyers and renters evaluate all of the costs and benefits associated with various alternative locations. Therefore, market forces preclude developers from marking up the prices of their products beyond what the competition allows. To remain competitive the operations and maintenance assessments must also be in line with the costs imposed by the competition. Furthermore, the decision to locate within the District is completely voluntary. These potential residents are given full disclosure of the existence of the district and level of anticipated assessments. So ultimately, all owners and users of the affected property chose to accept the District's costs in tradeoff for the benefits that the District provides. A Community Development District ("CDD") provides residents with the option of having higher levels of facilities and services financed through self-imposed charges. The District is an alternative means to finance necessary community services. District fmancing is no more expensive, and often less expensive, than the alternatives of a municipal service taxing unit (MSTU), a neighborhood association, City provision (directly or via a dependent special district), or through developer equity and/or bank loans. It should be noted that occupants of the lands within the District will receive three major classes of benefits. First, those residents and businesses in the District will receive a higher level of public services and amenities sooner than would otherwise be the case. Second, a CDD is a mechanism to ensure that the community services and amenities will be completed concurrently with development of lands within the District. This satisfies the revised growth management legislation, and it assures that growth pays for itself without undue burden on other consumers. Establishment of the District will ensure that these landowners pay for the provision of facilities, services and improvements to these lands. Third, a CDD is the sole form of governance which allows District landowners, through landowner voting and ultimately electoral voting for resident elected boards, to determine the type, quality and expense of District services they receive, provided they meet the City's overall requirements. 5.0 An analysis of the impact on small businesses as defined by Section 288.703, F.S. 2004), and an analysis of the impact on small counties and small cities as defined by Section 120.52, F.S. (2004). There will be no impact on small businesses because of the establishment of the District. If anything, the impact may be positive. This is because the District must competitively bid certain contracts. This affords small businesses the opportunity to bid on District work. The City of Clearwater has an estimated population (not incarcerated) in 2004 that is greater than 10,000. Therefore the City of Clearwater is not defined as a "small" city according to Section 120.52, F.S. 5 6.0 Any Additional useful information. The analysis provided above is based on a straightforward application of economic theory, especially as it relates to tracking the incidence of regulatory costs and benefits. Input was received from the developer's engineer and other professionals associated with the developer. Finally, it is useful to reflect upon the question of whether the proposed District is the best alternative to provide community facilities ~d services to the project. As an alternative to the District, the City of Clearwater could approve a dependent special district for the area, such as an MSBU or a special taxing district. Either of these alternatives could finance the improvements contemplated in Table 1 in a fashion similar to the proposed District. There . are a number of reasons why a dependent district is not the best alternative for ' providing community facilities and services to the Clearwater Cay Club Community. First, unlike the District, the alternatives would require the City of Clearwater to administer the project and its facilities and services. As a result, the costs for these services and facilities would not be sequestered to the land directly benefiting from them, as the case would be with the District. Administering a project of the size and complexity of the development program anticipated for the Clearwater Cay Club Community is a significant and expensive undertaking. Second, a District is preferable from a govermnent accountability perspective. With a District, residents and landowners in the District would have a focused unit of govermnent ultimately under their direct control. The District can then be more responsive to resident needs without disrupting other City responsibilities. By contrast, if the City of Clearwater was to establish a dependent district, then the residents and landowners of the Clearwater Cay Club Community would take their grievances and desires to the City Council. Third, any debt of a District is strictly the District's responsibility. While it may he technically true that the debt of a City-established dependent, special district is not strictly the City's responsibility, any fmancial problems that the special district may have will inevitably entangle the City. This will not be the case if a District is established. Another alternative to the District would be for a property owner's association to provide the infrastructure, operations, and maintenance of community facilities and services. A District is superior to a POA for a variety of reasons. First, unlike a POA a District can obtain low cost funds from the municipal capital markets. Second, the District can impose and collect its assessments along with other property taxes. Therefore, the District is far more assured of obtaining its needed funds than is a POA. Third, the proposed District is a unit of local govermnent. This provides a higher level of oversight and accountability. 6 Fishkind and Associates certifies that this SERC meets the requirements for a Statement of Estimated Regulatory Costs as set out in Section 120.541, F.S. (2004). We have developed over 25 SERCs. Below is a list offive of these. Urban Orlando Community Development District Marshall Creek Community Development District Cedar Hammock Community Development District Meditera Community Development District Brooks Community Development District 7 APPENDIX A LIST OF REPORTING REQUIREMENTS FLORIDA STATUTE REPORT CITE DATE Annual Financial Audit 11.45 within 9 months following end of fiscal year 218.39 within 12 months after end of fiscal year Annual Financial Report (AFR) 218.32 (d) no later than 12 months after end of fiscal year or (e) no later than April 30 TRIM Compliance Report 200.068 no later than 30 days after adoption of resolution establishing property tax levy Form I - Limited Financial Disclosure 112.3144 by July 1 Public Depositor 280.17 by November 30 Proposed Budget 190.008 at least 60 days prior to adoption Public Facilities Report 189.415 within one year of creation; annual updates thereafter Public Meeting Schedule 189.417 qUarterly, semiannually or annually Bond Report 218.38 when issued; within 120 days after delivery of bonds Registered Agent 189.416 30 days after first meeting 8 EXHIBIT "H" MAPS INCLUDING AERIAL, WATER PARK, OVERALL MASTER PLAN, SITE PLAN, FUTURE LAND USE, ZONING AND NARRATIVE) H.UIION .L33HS1111301ll I, f IIij 1II11 11\ I )()"-,<,\ ',' OJ~llJ\' lUll\; n'N ::Fl""0. 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W II II0 () J !L0 w II 0:: 0 z 2 z ~ r.: i ~ m o " :> o !Z d0: UJ >- 0 0: -' ili ~ d " 6~ A'v'MH~IH 's'n - 99 a'v'oCj 31'v'lS Z o ::; u ~ ~ l :> "', ii 0:a :$ ~ ti > ~ 0 a 1 ~- l! i -~ Michael Redd Associates, P.A. Michael T. Redd. President Frank a. Baynham, Vice President Clearwater Cay Club US Highway 19 North Clearwater, Florida Introduction This narrative describes the intended improvements for the property, now called the Clearwater Cay Club. The existing project comprising 24.08 acres contains 336 apartments and attendant garages, known as Venezia, built in clusters along the waterside on Old Tampa Bay. These buildings, along with several support structures and clubs, have been previously designed and constructed using Venetian Italian architectural design influence. The color palette and certain fascia detailing enabled the previous owner to market these apartments under the label Venezia. The new plan encompasses the Venezia Village as well as an adjunct new. development directly adjacent to Venezia. This new develop provides a wide range of additional amenities, both for the residents and for visitors. In continuing the Italian theme and reinforcing the Italian Architectural character the current owners intend to enhance the stated vernacular with a more authentic Venetian inspired architectural approach. The new buildings will be designed with careful attention to proportion, style, material use and graphic-architectural detailing. Further, the placement of shops of Venetian Mediterranean character are located on, and will replace, the old Levitz shopping mall that is barely functioning and has out-dated architecture not in keeping with the style of the initial project. . Key Changes Clearwater Cay Club is now being designed as a regional destination attracting local, national, and International users. Its site designed and location celebrates the water. Its landscape evokes a warm Floridian-Mediterranean environment. The master plan introduces a new shallow fresh water basin and small canal system that, while not connected to salty Clearwater Bay, will impart a strong visual impression that a water network is the project's integral component. Around this new lagoon (Lagoon di Alba) new Venetian inspired themed structures will contain spa, new residences, retail shops, offices and a hotel, all supported by new structured parking. 631 U.S. Highway One, Suite 300 -A North Palm Beach, FL 33408 Voice: 561.863.2500 Fax: 561.863.2505 E-mail: Reddplan@aol.com Clearwater Cay Club Scott Callahan March 4, 2005 Michael Redd Associates, P .A. Internal Roadway and Landscape Enhancements The existing apartments will still be accessed as now from Bellair Road, with a major security access gatehouse for enhanced security and exclusivity. Clearwater Cay Club's internal roadways will be improved and enhanced by an appropriately themed streetscape (graphics, street trees, street furniture, etc.) as well as enhanced entry and exit points from US 19 N. Special paving materials and unique landscape themed plantings will unify the Venezia with the additional new properties and present the project as a unified design. Via Veneto Via Veneto serves as the main arrival visual by the creation of a central and newly created "Main Street." Via Venteo is conceived as a true European shopping street with access to shops, hotel, and adjacent parking structure at the ground level. This unique blend of exciting architecture and a European countenance will become the entire project's visual icon. Galleria Shops along the Via Veneto will be differentiated by Venetian striped gondola posts and banner awnings and will have streetside architecture again with a strong Venetian Architectural vernacular. Covered promenade walkways with regularly occurring side pedestrian vias will offer frequent merchandising corners and invite pedestrian traffic into the heart of the new project. Utilizing the southern footprint of the existing mall, and as much of the support structure as can be retained, an extended gallery of smart shop units will be developed using Venetian city design principles. Three stories high, with ceramic barrel tile roof and faux Venetian flared chimneys above, the Galleria can be accessed from Via Veneto, or from several pedestrian only passigiata (passageways) that pierce the building, or from the canal side to the east. A projecting arcade that is a sunscreen during the summer months will protect the faQade of the Galleria on the east side. Concept drawings illustrate the use of canted shade awnings, radius arched entries, decorative lanterns and lighting, and sophisticated signage that will be controlled and defined in the owner-tenant design guidelines. A small Bridge of Sighs (Ponte dell Sopire) spans Via Veneto at the second or third levels, connecting upper level parking with the Galleria. As well these upper Page 2 of 3 Clearwater Cay Club Scott Callahan March 4, 2005 Michael Redd Associates, P .A. level pedestrian bridges serve to connect (on a N-S axis) living units with the hotel and shops. A central feature of the building at an interruption point of the Golden Section levels by a tower was inspired by the Torre dei Mori on St Mark's Square. This fa<;ade detail carried an early clock design and other interesting details. This design is repeated on the west side. A major archway gives entrance to one of the passages. Internally, apartments and/or offices will be found at the second and third levels. The internal access to these has yet to be established but will probably be from escalators and steps off an internal covered courtyard than runs the axis of the structure. The Canal and the Lagoon The small canal shown on the plan runs south to north. It is spanned in two places by small Venetian bridges that will give access to the east side of the.. Lagoon. These bridges contain archways of sufficient height and breadth to allow for the passing of a gondola below. The canal enters the Lagoon under one of these brick or stone-faced bridges. On this body of water evening shows are possible with water and light generated spectacles. Occasional processions of traditional Venetian boats that are highly decorated reinforce the theme. Around the edge of the Lagoon runs the Cammino degli Andanti - or Pedestrian Promenade - a walkway and strolling area which will be illuminated at night by appropriate cast iron street lanterns. The master plan illustrates a small covered performance gazebo that juts into the lake. Restaurants and shops face the lake. There is sufficient plaza dimension to extend some of the restaurants into outdoor tables and chairs. As in Venice, these areas will be protected by kinetic shade structures. Hotel A five-story hotel is planned as the central anchor of the project. The intended footprint overlays the center and north part of the Levitz Mall demolished to provide the new footings. A porte cochere and valet drop off will be provided on the west side along the Via Veneto, or from the Piazza Minore, one of two traffic circles. W:\PROJECT\Clearwater\02,07,05\Cay Club Narrative on MRAPA stationeryl.doc Page 3 of 3 E -I--/S {'''Y '1:" -fv-"",,, -{.('.... 0-.1 "'~:k k 1:"4.,."",,i.'4'" V ..~. f;, If."" ,"'.... 0 I Sc",l. : '= ~O . I i J E: o o : o E J::i g: E' I;, cli I> L l: 1"0 fUl I: 1: 0;: I t), I'll E. . I'- I Il) I'- co I'- I IIl) i I'- N V 0 co en co C/) v C'l t 0 J 5 '" <D U. al N Q co :; 0 Il) J I- C/) 1 5 ~ N U. al C/) (") N I- .... CXl Z .... J ui I'- l .... C/) N V J 0 co E C/) ui '" E .- 0::m 0 .... co N 0 ~ I'- Cl. 0 (") CXl N Z .... 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It: a: a:I.ClVC'l(")+N+.... v v Il) ~ ;gvco t N ....10 Il) 8~~SU~;::!: co N_ V .... <10 I'- gi~~~'$;: mNOCONO tI.ClCO Ii"':c<'i co.... 3 Ul ...,. .... ,-, c: 1: f! ~ l ::l III m SU) i;j Ql CIl 0 a: a: I- 0 .... 1 i SI' , 0 z I II EXHIBIT "I" AUTHORIZATION OF AGENT W. SCOTT CALLAHAN, ESQUIRE THOMAS A. CLOUD, ESQUIRE AFFIDAVIT TO AUTHORIZE AGENT STATE OF FL~DA COUNTY OF I -Q/\J c..r r>5J Grand Venezia Clearwater, LLC, a Florida limited liability company, being first duly sworn, depose(s) and say(s): 1. That Grand Venezia Clearwater, LLC, is the owner and record title holder of the property described on Exhibit "A" attached hereto (the Property"): 2. That this Property constitutes a portion of the land for which a request for a Community Development District is being applied for to the City Commission of the City of Clearwater. 3. That the undersigned (has/have) appointed W. Scott Callahan and Thomas A. Cloud as (his/their) agent(s) to execute any permits or other documents necessary to affect such permit. 4. That this affidavit has been executed to induce the the City of Clearwater, Florida, to consider and act on the above-described Property. 5. That the undersigned authority hereby certifies that the foregoing is true and correct. GRAND VENEZIA CLEARWATER, LLC, a Florida limited liability company SUNVEST RESORT COMMUNITIES, LC, a Florid limited liability company, as its ager ~ ATE OF FLO IDA _ COUNTY OF .' ;',' tit I ; The" foregoing instrument was acknowledged before me this ~ day of 1UJl/" ,2005 by Harvey Birdman, as Manager of SUNVEST RESORT OMMUNITI S, LC, a Florida limited liability company, Manager of GRAND VENEZIA CLEARWATER, LLC, a Florida limited liability company, by who is perso lIy known to me or who has produced-- as identific ion, 1) o,,,-,, Notar/ Public State of Florida I("r,e M AI~ar(iZ Mv CommISSion OD213847 l;Aplres OEi!22/2007 EXHIBITCommissionExpires: 347022 v1 1 J!lE ill LEGAL DESCRIPTION: A parcel of land in Section 20, Township 29 South, Range 16 East, Pinellas County, Florida, being more particularly described as follows: Commence at the Southwest corner of said Section 20; thence along the South line of said Section 20, S89019'48"E, a distance of 100.01 feet to the East right of way line of U.S. Highway 19; thence NOI026'21"E, along said East right of way line, a distance of 5.00 feet; thence S89019'48"E, parallel with said South line of Section 20, a distance of 252.55 feet to the Southeast corner of property conveyed in Official Records Book 9527, Page 480 of the Public Records of Pinellas County, Florida and the POINT OF BEGINNING; thence NOI026'21"E, along the East line of said property, a distance of 345.00 feet to the Northeast corner of said property; thence N89019'48"W, along the North line of said p~operty, a distance of 77.55 feet to the Southeast corner of property conveyed in Official Records Book 13955, Page 418 of the Public Records of Pinellas County, Florida; thence NOI026'21"E, along the East line of said property, a distance of 200.00 feet to the Northeast corner of said property; thence N89019'48"W, along the North line of said property, a distance of 175.00 feet to said East right of way line of U.S. Highway 19; thence NOI026'21"E, along said East right of way line, a distance of 73.79 feet to the Southwest corner of property conveyed in Official Records Book 13618, Page 304 of the Public Records of Pinellas County, Florida; thence S89019'48"E, along the South line of said property, a distance of 210.24 'feet to the Southeast corner of said property; thence NOI026'21"E, along the East line of said property, a distance of 179.82 feet to the Northeast corner of said property; thence N8 9 019' 48"W, along the North line of said property, a distance of 210.24 feet to said East right of way line of U.S. Highway 19; thence NOI026'21"E, along said East right of way line, a distance of 361.95 feet; thence S89026'50"E, a distance of 885.00 feet; thence SOl026'21"W, a distance of 572.00 feet; thence N89019'48"W, a distance of 263.00 feet; thence SOl026'21"W, a distance of 246.00 feet; thence N89019'48"W, a distance of 12.00 feet; thence SOl026'21"W, a distance of 344.37 feet to a point 5.00 feet North of said South line of Section 20; thence N89019'48"W, parallel with said South line, a distance of 357.45 feet to the POINT OF BEGINNING. Containing 16.265 acres, more or less. TOGETHER WITH A tract of land lying within Sections 20 and 29, Township 29 South, Range 16 East, Pinellas County, Florida and being more particularly described as follows: Commence at the Southwest corner of said Section 20; thence along the South line of said Section 20, S89019'48"E, for 721.40 feet; thence S00027'22"E, for 43.51 feet to the POINT OF BEGINNING, said point also being a point of intersection with a non-tangent curve concave to the South; thence Easterly along the arc of said curve with a radial bearing S00027'51"E, and having a radius of 35.00 feet, a central angle of 14051' 42", an arc length of 9.08 feet and a chord bearing S83002'OO"E, for 9.05 feet to the point of reverse curvature with a curve concave to the North; thence Easterly along the arc of said curve, having a radius of 35.00 feet, a central angle of 13043'39", an arc length of 8.39 feet and a chord bearing S82027'58"E, for 8.37 feet to the point of tangency; thence S89019'48"E, for 111.84 feet to the point of intersection with a non-tangent curve concave to the Northwest; thence Easterly along the arc of said curve with a radial bearing N00040'13"E, and having a radius of 55.50 feet, a central angle of 118044'08", an arc length of 115.01 feet and a chord bearing N31018'08"E, for 95.51 feet to the point of intersection with a non-tangent curve concave to the Northeast; thence Southeasterly along the arc of said curve with a radial bearing N61 056' 04 "E, and having a radius of 15.00 feet, a central angle of 46010'01", an arc length of 12.09 feet and a chord bearing S51008'57"E, for 11.76 feet to the point of compound curvature with a curve concave to the North; thence Easterly along the arc of said curve, having a radius of 125.00 feet, a central angle of 56040'40", an arc length of 123.65 feet and a chord bearing N77025'43"E, for 118.67 feet to the point of reverse curvature with a curve concave to the Southeast; thence Northeasterly along the arc of said curve, having a radius of 303.00 feet, a central angle of 00031'45", an arc length of 2.80 feet and a chord bearing N49021'15"E, for 2.80 feet to the point of intersection with a non-tangent line; thence N40022'52"W, for 14.84 feet to the point of intersection with a non-tangent curve concave to the Northwest; thence Northeasterly along the arc of said curve with a radial bearing N40043'39"W, and having a radius of 74.87 feet, a central angle of 02040'04", an arc le~gth of 3.49 feet and a chord bearing N47056'19"E, for 3.49 feet to the point of reverse curvature with a curve concave to the Southeast; thence Northeasterly along the arc of said curve, having a radius of 234.00 feet, a central angle of 34019'10", an arc length of 140.16 feet and a chord bearing N63045'52"E, for 138.08 feet to the point of tangency; thence N80055'27"E, for 97.25 feet; thence N56001'58"E, for 40.45 feet; thence N78050'41"E, for 127.14 feet; thence S78023'09"E, f9r 24.44 feet; thence Sl1052'40"E, for 9.10 feet; thence N79023'05"E, for 49.80 feet; thence N10051'19"W, for 10.82 feet; thence N42027'28"E, for 66.63 feet; thence N35048'02"E, for 134.85 feet; thence East, for 67.34 feet; thence S38008'04"E, for 12.67 feet; thence East, for 68.14 feet; thence N54010'51"E, for 17.03 feet; thence East, for 96.27 feet; thence N55005'18"E, for 63.64 feet; thence East, for 25.42 feet to the point of curvature of a curve concave to the North; thence Easterly along the arc of said curve, having a radius of 64.00 feet, a central angle of 39042'28", an arc length of 44.35 feet and a chord bearing N70008'46"E, for 43.47 feet to the point of reverse curvature with a curve concave to the South; thence Northeasterly along the arc of said curve, having a radius of 58.00 feet, a central angle of 36055'37", an arc length of 37.38 feet and a chord bearing N68045'21"E, for 36.74 feet to the point of reverse curvature with a curve concave to the Northwest; thence Easterly along the arc of said curve, having a radius of 54.00 feet, a central angle of 87013'09", an arc length of 82.20 feet and a chord bearing N43036'34"E, for 74.49 feet to the point of tangency; thence North, for 189.83 feet; thence S89019'09"E, for 779.97 feet; thence S60000'00"W, for 1333.52 feet; thence S89019'48"E, for 209.91 feet; thence S24054'45"W, for 343.41 feet to the point of intersection with a non-tangent curve concave to the Southeast; thence Southwesterly along the arc of said curve with a radial bearing S52036'11"E, and having a radius of 1577.45 feet, a central angle of 13022'27", an arc length of 368.22 feet and a chord bearing S300 42' 35"W, for 367.38 feet to the point of intersection with a non-tangent line; thence N89004' 26"W, for 829.18 feet; thence N00027'22"W, for 584.06 feet to the POINT OF BEGINNING. Containing 24.074 acres, more or less. TOGETHER WITH an easement for ingress, egress, drainage and utilities created by documents recorded in Official Records Book 10958, Page 299, Official Records Book 12557, Page 2644, and Official Records Book 10784, Page 1247 of the Public Records of Pinellas County Florida, over the following described parcel: A tract of land lying in Sections 20 and 29, Township 29 South, Range 16 East, Pinellas County, Florida, being further described as follows: Commence at the Southwest corner of said Section 20; thence S89019'48"E, along the South line of said Section 20 and the North line of said Section 29, a distance of 100.01 feet to the East right of way line of U.S. Highway 19 and the POINT OF BEGINNING; thence N01026'21"E, along said East right of way line, a distance of 5.00 feet; thence S8 9 019' 48 "E, parallel with said South line of Section 20, a distance of 610.00 feet; thence SOl026'21"W, a distance of 5.00 feet to the North line of said Section 29; thence S89019'48"E, along said North line, a distance of 5.89 feet to a point of intersection with a non-tangent curve concave to the Northwest; thence Northeasterly along the arc of said curve with a radial bearing N35013'11"W, and having a radius of 35.00 feet, a central angle of 300 38' 59", an arc length of 18.72 feet and a chord bearing N39027'06"E, for 18.50 feet to the point of reverse curvature with a curve concave to the Southeast; thence Northeasterly along the arc of said curve, having a radius of 45.00 feet, a central angle of 660 32' 19" an arc length of 52.26 feet and a chord bearing N57024'02"E, for 49.37 feet to the point of tangency; thence S89019'48"E, for 15.64 feet to the point of curvature of a curve concave to the North; thence Easterly along the arc of said curve, having a radius of 50.00 feet, a central angle of 390 25' 12", an arc length of 34.40 feet and a chord bearing N70057'37"E, for 33.73 feet to the point of a reverse curve concave to the West; thence Southeasterly along the arc of said curve, having a radius of 55.50 feet, a central angle of 2190 25' 12", an arc length of 212.54 feet and a chord bearing S19002' 23"E, for 104.50 feet to the point of tangency; thence N89019'48"W, for 111.84 feet to the point of curvature of a curve concave to the North; thence Westerly along the arc of said curve, having a radius of 35.00 feet, a central angle of 130 43' 39", an arc length of 8.39 feet and a chord bearing N82027'58"W, for 8.37 feet to the point of reverse curvature with a curve concave to the South; thence Westerly along the arc of said curve, having a radius of 35.00 feet, a central angle of 140 51' 42", an arc length of 9.08 feet and a chord bearing N83002'00"W, for 9.05 feet to a point of intersection .wi th a non-tangent line; thence SOO 0 27' 22 "E, for 6.50 feet; thence N89019'48"W, parallel with said North line, a distance of 382.87 feet; thence S76044'53"W, a distance of 57.73 feet; thence S8703J'00"W, a distance of 57.06 feet; thence N89019'48"W, parallel with said North line, a distance of 126.71 feet to said East right of way line of U. S. Highway 19; thence N00051'16"E, along said East right of way line, a distance of 67.00 feet to the POINT OF BEGINNING. AFFIDAVIT TO AUTHORIZE AGENT STATE OF FLORIDA COUNTY OF ~ \::)"'-V'Oe. DC703, LLC, a Florida limited liability company, being first duly sworn, depose(s) and say(s): 1. That DC703, LLC, is the owner and record title holder of the property described on Exhibit "A" attached hereto (the Property"): 2. That this Property constitutes a portion of the land for which a request for a Community Development District is being applied for to the City Commission of the City of Clearwater. 3. That the undersigned (has/have) appointed W. Scott Callahan and Thomas A. Cloud as (his/their) agent(s) to execute any permits or other documents necessary to affect such permit. 4. That this affidavit has been executed to induce the the City of Clearwater, Florida, to consider and act on the above-described Property. 5.That the undersigned authority hereby certifies that the foregoing is true and correct. DC703, LLC, a Florida limited liability com any By: STATE OF FLORIDA COUNTY OF ,"'\)"-\;D ,,",-eel:- The foregoing instrument was acknowledged before me this ...:Q~ of r-~" o~ ,2005 by F. Dave Clark, as Manager of DC703, LLC, a Florida limit lability company, who IS personally known to me or who has produced ~ation. ("""., f\;~ SignafiJre of Notary 1')1.P=i~- "~,_h~"'-..~~ Printed Name of Notary " Commission Expires: '\ 30-~ c::>m......~..! t<..... DEBORAH A. SMITH i '\ Notsry Publit - Stllte of Florida i' . i My Ccm~IUilJn EJpires SIp 30, 2005 ll~ CommiSSion' 00056559 c;rn~'" Elonooid ey N&lionBI Nolary Aun. oi;1P,lo~".. 1 i is EXHIBIT f347022v1 LEGAL DESCRIPTION: A parcel of land in Section 20, Township 29 South, Range 16 East, Pinellas County, Florida, being more particularly described as follows: Commence at the Southwest corner of said Section 20; thence along the South line of said Section 20, S89019'48"E, a distance of 100.01 feet to the East right of way line of U.S. Highway 19; thence N01026'21"E, along said East right of way line, a distance of 5.00 feet; thence S89019'48"E, parallel with said South line of Section 20, a distance of 252.55 feet to the Southeast corner of property conveyed in Official Records Book 9527, Page 480 of the Public Records of Pinellas County, Florida and the POINT OF BEGINNING; thence N01026'21"E, along the East line of said property, a distance of 345.00 feet to the Northeast corner of said property; thence N89019'48"W, along the North line of said property, a distance of 77.55 feet to the Southeast corner of property conveyed in Official Records Book 13955, Page 418 of the Public Records of Pinellas County, Florida; thence N01026'21"E, along the East line of said property, a distance of 200.00 feet to the Northeast corner of said property; thence N89019'48"W, along the North line of said property, a distance of 175.00 feet to said East right of way line of U.S. Highway 19; thence N01026'21"E, along said East right of way line, a distance of 73. 79 feet to the Southwest corner of property conveyed in Official Records Book 13618, Page 304 of the Public Records of Pinellas County, Florida; thence S89019'48"E, along the South line of said property, a distance of 210.24 feet to the Southeast corner of said property; thence N01026'21"E, along the East line of said property, a distance of 179.82 feet to the Northeast corner of said property; thence N8 9019' 48"W, along the North line of said property, a distance of 210.24 feet to said East right of way line of U.S. Highway 19; thence N01026'21"E, along said East right of way line, a distance of 361.95 feet; thence S89026'50"E, a distance of 885.00 feet; thence SOl026'21"W, a distance of 572.00 feet; thence N89019'48"W, a distance of 263.00 feet; thence SOl026'21"W, a distance of 246.00 feet; thence N89019'48"W, a distance of 12.00 feet; thence SOl026'21"W, a distance of 344.37 feet to a point 5.00 feet North of said South line of Section 20; thence N89019'48"W, parallel with said South line, a distance of 357.45 feet to the POINT OF BEGINNING. Containing 16.265 acres, more or less. TOGETHER WITH A tract of land lying within Sections 20 and 29, Township 29 South, Range 16 East, Pinellas County, Florida and being more particularly described as follows: Commence at the Southwest corner of said Section 20; thence along the South line of said Section 20, S89019'48"E, for 721.40 feet; thence S00027'22"E, for 43.51 feet to the POINT OF BEGINNING, said point also being a point of intersection with a non-tangent curve concave to the South; thence Easterly along the arc of said curve with a radial bearing S00027'51"E, and having a radius of 35.00 feet, a central angle of 14051'42", an arc length of 9.08 feet and a chord bearing S83002'00"E, for 9.05 feet to the point of reverse curvature with a curve concave to the North; thence Easterly along the arc of said curve, having a radius of 35.00 feet, a central angle of 13043'39", an arc length of 8.39 feet and a chord bearing S82027'58"E, for 8.37 feet to the point of tangency; thence S89019'48"E, for 111.84 feet to the point of intersection with a non-tangent curve concave to the Northwest; thence Easterly along the arc of said curve with a radial bearing N00040'13"E, and having a radius of 55.50 feet, a central angle of 118044'08", an arc length of 115.01 feet and a chord bearing N31018'08"E, for 95.51 feet to the point of intersection with a non-tangent curve concave to the Northeast; thence Southeasterly along the arc of said curve with a radial bearing N61 0 56' 04 "E, and having a radius of 15.00 feet, a central angle of 46010'01", an arc length of 12.09 feet and a chord bearing S51008'57"E, for 11.76 feet to the point of compound curvature with a curve concave to the North; thence Easterly along the arc of said curve, having a radius of 125.00 feet, a central angle of 56040'40", an arc length of 123.65 feet and a chord bearing N77025'43"E, for 118.67 feet to the point of reverse curvature with a curve concave to the Southeast; thence Northeasterly along the arc of said curve, having a radius of 303.00 feet, a central angle of 00031'45", an arc length of 2.80 feet and a chord bearing N49021'15"E, for 2.80 feet to the point of intersection with a non-tangent line; thence N40022'52"W, for 14.84 feet to the point of intersection with a non-tangent curve concave to the Northwest; thence Northeasterly along the arc of said curve with a radial bearing N40043'39"W, and having a radius of 74.87 feet, a central angle of 02040'04", an arc length of 3.49 feet and a chord bearing N47056'19"E, for 3.49 feet to the point of reverse curvature with a curve concave to the Southeast; thence Northeasterly along the arc of said curve, having a radius of 234.00 feet, a central angle of 34019'10", an arc length of 140.16 feet and a chord bearing N63045'52"E, for 138.08 feet to the point of tangency; thence N80055'27"E, for 97.25 feet; thence N56001'58"E, for 40.45 feet; thence N78050'41"E, for 127.14 feet; thence S78023'09"E, for 24.44 feet; thence Sl1052'40"E, for 9.10 feet; thence N79023'05"E, for 49.80 feet; thence N10051'19"W, for 10.82 feet; thence N42027'28"E, for 66.63 feet; thence N35048'02"E, for 134.85 feet; thence East, for 67.34 feet; thence S38008'04"E, for 12.67 feet; thence East, for 68.14 feet; thence N54010'51"E, for 17.03 feet; thence East, for 96.27 feet; thence N55005'18"E, for 63.64 feet; thence East, for 25.42 feet to the point of curvature of a curve concave to the North; thence Easterly along the arc of said curve, having a radius of 64.00 feet, a central angle of 39042'28", an arc length of 44.35 feet and a chord bearing N70008'46"E, for 43.47 feet to the point of reverse curvature with a curve concave to the South; thence Northeasterly along the arc of said curve, having a radius of 58.00 feet, a central angle of 36055'37", an arc length of 37.38 feet and a chord bearing N68045'21"E, for 36.74 feet to the point of reverse curvature with a curve concave to the Northwest; thence Easterly along the arc of said curve, having a radius of 54.00 feet, a central angle of 87013'09", an arc length of 82.20 feet and a chord bearing N43036'34"E, for 74.49 feet to the point of tangency; thence North, for 189.83 feet; thence S89019'09"E, for 779.97 feet; thence S60000'00"W, for 1333.52 feet; thence S89019'48"E, for 209.91 feet; thence S24054'45"W, for 343.41 feet to the point of intersection with a non-tangent curve concave to the Southeast; thence Southwesterly along the arc of said curve with a radial bearing S52036'11"E, and having a radius of 1577.45 feet, a central angle of 13022'27", an arc length of 368.22 feet and a chord bearing S30042'35"W, for 367.38 feet to the point of intersection with a non-tangent line; thence N89004'26"W, for 829.18 feet; thence N00027'22"W, for 584.06 feet to the POINT OF BEGINNING. Containing 24.074 acres, more or less. TOGETHER WITH an easement for ingress, egress, drainage and utilities created by documents recorded in Official Records Book 10958, Page 299, Official Records Book 12557, Page 2644, and Official Records Book 10784, Page 1247 of the Public Records of Pinellas County Florida, over the following described parcel: A tract of land lying in Sections 20 and 29, Township 29 South, Range 16 East, Pinellas County, Florida, being further described as follows: Commence at the Southwest corner of said Section 20; thence S89019'48"E, along the South line of said Section 20 and the North line of said Section 29, a distance of 100.01 feet to the East right of way line of U.S. Highway 19 and the POINT OF BEGINNING; thence N01026'21"E, along said East right of way line, a distance of 5.00 feet; thence S89019'48"E, parallel with said South line of Section 20, a distance of 610.00 feet; thence SOl026'21"W, a distance of 5.00 feet to the North line of said Section 29; thence S89019'48"E, along said North line, a distance of 5.89 feet to a point of intersection with a non-tangent curve concave to the Northwest; thence Northeasterly along the arc of said curve with a radial bearing N35013'11"W, and having a radius of 35.00 feet, a central angle of 300 38' 59", an arc length of 18.72 feet and a chord bearing N39027'06"E, for 18.50 feet to the point of reverse curvature with a curve concave to the Southeast; thence Northeasterly along the arc of said curve, having a radius of 45.00 feet, a central angle of 660 32' 19" an arc length of 52.26 feet and a chord bearing N57024'02"E, for 49.37 feet to the point of tangency; thence S89019'48"E, for 15.64 feet to the point of curvature of a curve concave to the North; thence Easterly along the arc of said curve, having a radius of 50.00 feet, a central angle of 390 25' 12", an arc length of 34.40 feet and a chord bearing N70057'37"E, for 33.73 feet to the point of a reverse curve concave to the West; thence Southeasterly along the arc of said curve, having a radius of 55.50 feet, a central angle of 2190 25' 12", an arc length of 212.54 feet and a chord bearing S19002' 23"E, for 104.50 feet to the point of tangency; thence N89019'48"W, for 111.84 feet to the point of curvature of a curve concave to the North; thence Westerly along the arc of said curve, having a radius of 35.00 feet, a central angle of 130 43' 39", an arc length of 8.39 feet and a chord bearing N82027'58"W, for 8.37 feet to the point of reverse curvature with a curve concave to the South; thence Westerly along the arc of said curve, having a radius of 35.00 feet, a central angle of 140 51' 42", an arc length of 9.08 feet and a chord bearing N83002'00"W, for 9.05 feet to a point of intersection with a non-tangent line; thence S00027'22"E, for 6.50 feet; thence N89019'48"W, parallel with said North line, a distance of 382.87 feet; thence S76044'53"W, a distance of 57.73 feet; thence S87033'00"W, a distance of 57.06 feet; thence .N89019'48"W, parallel with said North line, a distance of 126.71 feet to said East right of way line of U.S. Highway 19; thence N00051'16"E, along said East right of way line, a distance of 67.00 feet to the POINT OF BEGINNING. 2 NOTICE OF LOCAL PUBLIC HEARING City of Clearwater, Florida, City Council To Consider the Creation of the CLEARWATER CAY CLUB COMMUNITY DEVELOPMENT DISTRICT DATE: TIME: LOCATION:Council Chambers of the City of Clearwater, Florida 112 S. Osceola Ave. Clearwater, Florida 33758 Notice is hereby given that a hearing will be held on the _ day of 2005, beginning at , or as soon thereafter as the matter may be heard in the Council Chambers, City of Clearwater, Florida City Hall, 112 S. Osceola Ave., Clearwater, Florida 33758 before the City Council, City of Clearwater, Florida Council"), to consider the elements of a petition filed by DC703, LLC, a Florida limited liability company ("Petitioner") to establish a uniform community development district to be known as the Clearwater Cay Club Community Development District ("District") as authorized and provided for in Chapter 190, Florida Statutes (2003). The District is a statutorily created single and special-purpose local government limited to providing basic systems, facilities and services to the property within its boundaries, subject to the City of Clearwater Comprehensive Plan and planning and land development regulations and conditions. The information presented at this hearing will be used to afford the Petitioner, any affected units of local government, and the general public, a fair and adequate opportunity to appear and present oral and written comments regarding the creation by ordinance of this community development district. The district would be created by a proposed ordinance the title of which is as follows: AN ORDINANCE ESTABLISHING THE CLEARWATER CAY CLUB COMMUNITY DEVELOPMENT DISTRICT PURSUANT TO CHAPTER 190, FLORIDA STATUTES; NAMING THE DISTRICT; DESCRIBING THE EXTERNAL BOUNDARIES OF THE DISTRICT; DESCRIBING THE FUNCTIONS AND POWERS OF THE DISTRICT; DESIGNATING PERSONS TO SERVE AS THE INITIAL MEMBERS OF THE DISTRICT'S BOARD OF SUPERVISORS; PROVIDING SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. The proposed land area to be served by the District contains 40.339 acres more or less, is located wholly within the territorial limits of the incorporated area of the City of Clearwater, Pinellas County, Florida ("City"). The proposed land area is generally located in the area east of US Htghway 19 and north of State Road 60. The boundaries of the properties to be serviced by the District are outlined in the map depicted in this notice. There is no real property within the boundaries of the District which will be excluded from the jurisdiction of the District. The metes and bounds legal description is as follows: SEE EXHIBIT "A"] If adopted, the ordinance will establish a uniform community development district and designate the land to be serviced by the District. A community development district is a local government created by law and established by ordinance, on a proposed property subject to state and local regulatory requirements governing the lawful use and development of the property. Establishment of a uniform community development district pursuant to chapter 190, Florida Statutes, is not a development order under Chapter 380, Florida Statutes. All planning, permitting and other regulatory requirements pertaining to development within the land area will be in accordance with general and special law and applicable City ordinances; the processes herein set forth deal only with the factors to be considered in creating a uniform community development district by ordinance as an alternative for managing and financing certain basic services for community development, all pursuant to city permits. All persons appealing any decision of the Council made at the hearing referenced herein are hereby notified they may need to ensure that a verbatim record of the proceedings, including testimony and evidence, is made, upon which an appeal is to be based. In accordance with the Americans with Disabilities Act, persons who need special accommodations to attend the meeting should contact the City of Clearwater, Florida, City Clerk at (727) 562-4040 at least 24 hours in advance of the public hearing. Location Map: 2 364692 vI I .!i qli:Hi : ~ I 'I i.lir...jl~ .:H ~ll'ff.i= II i i~!HJli~llml! ; i!f:f~~~~HHii~i;m~i!~:dHi~ll!ii I ~IIJt'~:~illli:;~! ! ~%til'tlJ!f~rfi~tlii~ii~jll~::i!h:; J Jf ~ IiI.pll..I. ! 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Jo i~h si I~~ ;1. i!1 dn 5U i~~! mIM :d~ 11 i f l j:l~Hl'JllSi oJ ~ I ij - i Ij~ IL - - z 0 i= 11. a:u Ul w C C Z J: U w x: Ul 5 z u Ul C '"0 ~ ::> u ...J a: z uww ::; ~ i 11. 0 ()Ja: ~ jjSJ C i z o :;; g ~ ~ ffi u :> ~ c :! ~ jjS J i Ii J i~ E! till I 3 i I LEGAL DESCRIPTION: A parcel of land in Section 20, Township 29 South, Range 16 East, Pinellas County, Florida, being more particularly described as follows: Commence at the Southwest corner of said Section 20; thence along the South line of said Section 20, S89019'48"E, a distance of 100.01 feet to the East right of way line of U.S. Highway 19; thence N01026'21"E, along said East right of way line, a distance of 5.00 feet; thence S89019'48"E, parallel with said South line of Section 20, a distance of 252.55 feet to the Southeast corner of property conveyed in Official Records Book 9527, Page 480 of the Public Records of Pinellas County, Florida and the POINT OF BEGINNING; thence N01026'21"E, along the East line of said property, a distance of 345.00 feet to the Northeast corner of said property; thence N89019'48"W, along the North line of said property, a distance of 77.55 feet to the Southeast corner of property conveyed in Official Records Book 13955, Page 418 of the Public Records of Pinellas County, Florida; thence NOlo 2 6' 21 "E, along the East line of said property, a distance of 200.00 feet to the Northeast corner of said property; thence N89019'48"W, along the North line of said property, a distance of 175.00 feet to said East right of way line of U.S. Highway 19; thence N01026'21"E, along said East right of way line, a distance of 73.79 feet to the Southwest corner of property conveyed in Official Records Book 13618, Page 304 of the Public Records of Pinellas County, Florida; thence S890 19' 48 "E, along the South line of said property, a distance of 210.24 feet to the Southeast corner of said property; thence N01026'21"E, along the East line of said property, a distance of 179.82 feet to the Northeast corner of said property; thence N89019'48"W, along the North line of said property, a distance of 210.24 feet to said East right of way line of U.S. Highway 19; thence N01026'21"E, along said East right of way line, a distance of 361.95 feet; thence S89026'50"E, a distance of 885.00 feet; thence SOl026'21"W, a distance of 572.00 feet; thence N89019'48"W, a distance of 263.00 feet; thence SOl026'21"W, a distance of 246.00 feet; thence N89019'48"W, a distance of 12.00 feet; thence SOl026'21"W, a distance of 344.37 feet to a point 5.00 feet North of said South line of Section 20; thence N89019'48"W, parallel with said South line, a distance of 357.45 feet to the POINT OF BEGINNING. Containing 16.265 acres, more or less. TOGETHER WITH A tract of land lying within Sections 20 and 29, Township 29 South, Range 16 East, Pinellas County, Florida and being more particularly described as follows: Commence at the Southwest corner of said Section 20; thence along the South line of said Section 20, S89019'48"E, for 721.40 feet; thence S00027'22"E, for 43.51 feet to the POINT OF BEGINNING, said point also being a point of intersection with a non-tangent curve concave to the South;. thence Easterly along the arc of said curve with a radial bearing S00027'51"E, and having a radius of 35.00 feet, a central angle of 14051' 42", an arc length of 9.08 feet and a chord bearing S83002'00"E, for 9.05 feet to the point of reverse curvature with a curve concave to the North; thence Easterly along the arc of said curve, having a radius of 35.00 feet, a central angle of 13043'39", an arc length of 8.39 feet and a chord bearirig S82027'58"E, for 8.37 feet to the point of tangency; thence S89019'48"E, for 111.84 feet to the point of intersection with a non-tangent curve concave to the Northwest; thence Easterly along the arc of said curve with a radial bearing N00040'13"E, and having a radius of 55.50 feet, a central angle of 118044'08", an arc length of 115.01 feet and a chord bearing N31018'08"E, for 95.51 feet to the point of intersection with a non-tangent curve concave to the Northeast; thence Southeasterly along the arc of said curve with a radial bearing N61 0 56' 04 "E, and having a radius of 15.00 feet, a central angle of 46010'01", an arc length of 12.09 feet and a chord bearing S51008'57"E, for 11.76 feet to the point of compound curvature with a curve conCave to the North; 1 j E jl EXHIBIT fI thence Easterly along the arc of said curve, having a radius of 125.00 feet, a central angle of 56040' 40", an arc length of 123.65 feet and a chord bearing N77025'43"E, for 118.67 feet to the point of reverse curvature with a curve concave to the Southeast; thence Northeasterly along the arc of said curve, having a radius of 303.00 feet, a central angle of 00031'45", an arc length of 2.80 feet and a chord bearing N49021'15"E, for 2.80 feet to the point of intersection with a non-tangent line; thence N40022'52"W, for 14.84 feet to the point of intersection with a non-tangent curve concave to the Northwest; thence Northeasterly along the arc of said curve with a radial bearing N40043'39"W, and having a radius of 74.87 feet, a central angle of 02040'04", an arc length of 3.49 feet and a chord bearing N47056'19"E, for 3.49 feet to the point of reverse curvature with a curve concave to the Southeast; thence Northeasterly along the arc of said curve, having a radius of 234.00 feet, a central angle of 34019'10", an arc length of 140.16 feet and a chord bearing N63045'52"E, for 138.08 feet to the point of tangency; thence N80055'27"E, for 97.25 feet; thence N56001'58"E, for 40.45 feet; thence N78050'41"E, for 127.14 feet; thence S78023'09"E, for 24.44 feet; thence Sl1052'40"E, for 9.10 feet; thence N79023'05"E, for 49.80 feet; thence N10051'19"W, for 10.82 feet; thence N42027'28"E, for 66.63 feet; thence N35048'02"E, for 134.85 feet; thence East, for 67.34 feet; thence S38008'04"E, for 12.67 feet; thence East, for 68.14 feet; thence N54010'51"E, for 17.03 feet; thence East, for 96.27 feet; thence N55005'18"E, for 63.64 feet; thence East, for 25.42 feet to the point of curvature of a curve concave to the North; thence Easterly along the arc of said curve, having a radius of 64.00 feet, a central angle of 39042,'28", an arc length of 44.35 feet and a chord bearing N70008'46"E, for 43.47 feet to the point of reverse curvature with a curve concave to the South; thence Northeasterly along the arc of said curve, having a radius of 58.00 feet, a central angle of 36055'37", an arc length of 37.38 feet and a chord bearing N68045'21"E, for 36.74 feet to the point of reverse curvature with a curve concave to the Northwest; thence Easterly along the arc of said curve, having a radius of 54.00 feet, a central angle of 87013'09", an arc length of 82.20 feet and a chord bearing N43036'34"E, for 74.49 feet to the point of tangency; thence North, for 189.83 feet; thence S89019'09"E, for 779.97 feet; thence S60000'00"W, for 1333.52 feet; thence S89019'48"E, for 20.9.91 feet; thence S24054'45"W, for 343.41 feet to the point of intersection with a non-tangent curve concave to the Southeast; thence Southwesterly along the arc of said curve with a radial bearing S52036'11"E, and having a radius of 1577.45 feet, a central angle of i3022'27", an arc length of 368.22 feet and a chord bearing S30042'35"W, for 367.38 feet. to the point of intersection with a non-tangent line; thence N89004'26"W, for 829.18 feet; thence N00027'22"W, for 584.06 feet to the POINT OF BEGINNING. Containing 24.074 acres, more or less. TOGETHER WITH an easement for ingress, egress, drainage and utilities created by documents recorded in Official Records Book 10958, Page 299, Official Records Book 12557, Page 2644, and Official Records Book 10784, Page 1247 of the Public Records of Pinellas County Florida, over the following described parcel: A tract of land lying in Sections 20 and 29, Township 29 South, Range 16 East, Pinellas County, Florida, being further described as follows: Commence at the Southwest corner of said Section 20; thence S89019'48"E, along the South line of said Section 20 and the North line of said Section 29, a distance of 100.01 feet to the East right of way line of U.S. Highway 19 and the POINT OF BEGINNING; thence NOlo 26' 21 "E, along said East right of way line, a distance of 5.00 feet; thence S8 9 019' 48 "E, parallel with said South line of Section 20, a distance of 610.00 feet; thence SOl026'21"W, a distance of 5.00 feet to the North line of said Section 29; thence S89019'48"E, along said North line, a distance of 5.89 feet to a point of intersection with a non-tangent curve concave to the Northwest; thence Northeasterly along the arc of said curve with a radial bearing N35013'11"W, and having a radius of 35.00 feet, a central angle of 300 38' 59", an arc length of 18.72 feet and a chord bearing N39027' 06"E, for 18.50 feet to the point of reverse curvature with a curve concave to the Southeast; thence Northeasterly along the arc of said curve, having a radius of 45.00 feet, a central angle of 660 32' 19" an arc length of 52.26 feet and a chord bearing N57024'02"E, for 49.37 feet to the point of tangency; thence S89019'48"E, for 15.64 feet to the point of curvature of a curve concave to the North; thence Easterly along the arc of said curve, having a radius of 50.00 feet, a central angle of.390 25' 12", an arc length of 34.40 feet and a chord bearing N70057'37"E, for 33.73 feet to the point of a reverse curve concave to the West; thence Southeasterly along the arc of said' curve, having a radius of 55.50 feet, a central angle of 2190 25' 12", an arc length of 212.54 feet and a chord bearing SI9002'23"E, for 104.50 feet to the point of tangency; thence N89019'48"W, for 111.84 feet to the point of curvature of a curve concave to the North; thence Westerly along the arc of said curve, having a radius of 35.00 feet, a central angle of 130 43' 39", an arc length of 8.39 feet and a chord bearing N82027'58"W, for 8.37 feet to the point of reverse curvature with a curve concave to the South; thence Westerly along the arc of said curve, having a radius of 35.00 feet, a central angle of 140 51' 42", an arc length of 9.08 feet and a chord bearing N83002'00"W, for 9.05 feet to a point of intersection with a non-tangent line; thence S00027'22"E, for 6.50 feet; thence N89019'48"W, parallel with said North line, a distance of 382.87 feet; thence S76044'53"W, a distance of 57.73 feet; thence S87033'00"W, a distance of 57.06 feet; thence N89019'48"W, parallel with said North line, a distance of 126.71 feet to said East right of way line of U.S. Highway 19; thence N0005l'16"E, along said East right of way line, a distance of 67.00 feet to the POINT OF BEGINNING. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9455-21 2nd rdg Agenda Date: 7/15/2021 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.1 SUBJECT/RECOMMENDATION: Adopt Ordinance 9455-21 on second reading, vacating a sixty foot right of way easement as recorded in OR Book 3875 Page 36, of the Public Records of Pinellas County, Florida. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 7/14/2021 Ord. No. 9455-21 ORDINANCE NO. 9455-21 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING A SIXTY FOOT RIGHT OF WAY EASEMENT AS RECORDED IN O.R. BOOK 3875, PAGE 36, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner in fee title of real property described and depicted in Exhibit “A” attached hereto, has requested that the City vacate said right of way easement; and WHEREAS, as a condition to the vacation, the City will require that the owner grant a new drainage and utility easement in place of the vacated right of way easement; and WHEREAS, the City Council of the City of Clearwater, Florida finds that said right of way easement is not necessary for municipal use and it is deemed to be in the best interest of the City and the general public that the same be vacated; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: The right of way easement described as follows: See Exhibit “A” is hereby vacated, closed and released, and the City of Clearwater releases all of its right, title and interest thereto, contingent upon, and subject to, the following conditions precedent: 1. The property owner will grant to the City of Clearwater, Florida, a Drainage and Utility Easement over, under, across, and through the real property described in Exhibit “B”, (attached hereto and incorporated herein) as deemed acceptable to the City of Clearwater, for installation and maintenance of all utilities therein by the City of Clearwater. Ord. No. 9455-21 Section 2. The City Clerk shall record this ordinance in the Public Records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING ________________________________ PASSED ON SECOND AND FINAL READING AND ADOPTED ________________________________ ________________________________ Frank Hibbard Mayor Approved as to form: Attest: ________________________________ ________________________________ Laura Lipowski Mahony Rosemarie Call Senior Assistant City Attorney City Clerk EXHIBIT A EXHIBIT B Digitally signed by Dan Rizzuto Date: 2021.03.26 10:28:40 -04'00' US Hwy 19 NFLOURNOY CIR EFLOURNOY CIR WFLOURNOY WAY BELLEAIR RD FLOURNOY PLZ FLOURNOY CIR S FLOURNOY BLVD NURSERY RD AERIAL MAP PROPOSED NEW DRAINAGE AND UTILITY EASEMENT Document Path: C:\Users\Wioletta.Dabrowski\City of Clearwater\Engineering Geographic Technology - Documents\GIS\_Staff\Wioletta\Vue at Belleair Easements\7maps\ORD_9455_21.mxd ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com N.T.S.Scale:Page: 1 of 14/1/2021Date:Aerial Flown 2019 1551 Flournoy Cir. W.Proposed Right of Way Vacation O.R. 3875-36Proposed New Drainage and Utility Easement PROPOSED R-O-W VACATION WDMap Gen By:RBReviewed By: Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9456-21 2nd rdg Agenda Date: 7/15/2021 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.2 SUBJECT/RECOMMENDATION: Adopt Ordinance 9456-21 on second reading, vacating a portion of a sanitary sewer easement described as a portion of land being a part of that certain easement recorded in OR Book 4223, Page 1499, of the Public Records of Pinellas County, Florida. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 7/14/2021 [RE15-1313-080/267550/1] Ord. No. 9456-21 ORDINANCE NO. 9456-21 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING A PORTION OF A SANITARY SEWER EASEMENT, DESCRIBED AS A PORTION OF LAND BEING A PART OF THAT CERTAIN EASEMENT RECORDED IN OFFICIAL RECORDS BOOK 4223, PAGE 1499 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner in fee title of real property described and depicted in Exhibit “A” attached hereto, has requested that the City vacate a portion of said sanitary sewer easement; and WHEREAS, the City Council of the City of Clearwater, Florida finds that the subject portion of said sanitary sewer easement is not necessary for municipal use and it is deemed to be in the best interest of the City and the general public that the same be vacated; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: A portion of that certain sanitary sewer easement described as follows: See Exhibit “A” is hereby vacated, closed and released, and the City of Clearwater releases all of its right, title and interest thereto. Section 2. The City Clerk shall record this ordinance in the Public Records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. [RE15-1313-080/267550/1] Ord. No. 9456-21 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 Assistant City Attorney City Clerk O> .... 0 50 100 --- SCALE : 1 "= 1 oo· POC SW COR, SEC 20 N _J w z ::J 3: a::: 1-(/) < w NOT A SURVEY ITEM 0 LO LINE L1 L2 L3 L4 L5 L6 L7 LB L9 L10 L11 L12 L13 LINE TABLE BEARING LENGTH S89"19' 48"E 100.01 N01 "26'21 "E 5.00' N01 "26'21 "E 187.73' N01 "26'21 "E 11.23' ss1 ·3o•oo"E 121.35' EAST 139.57' N25"20'00"E 222.84' S64"40'00"E 10.00' S25"20'00"W 222.82 N88"34' 42"W 99.70' S01 "25'1 B"W 8.21' WEST 51.28' N61 ·3o'oo"w 118.78' lss9·1 g' 48"E 252.55' DATE SOUTH LINE, SEC 20 NORTH LINE, SEC 29 BY QC SECTION 20, TOWNSHIP 29S, RANGE 16E PINELLAS COUNTY, FLORIDA PROJECT NUMBER 4552-01 LEGEND COR = CORNER CPB = CONDOMINIUM PLAT BOOK OR = OFFICIAL RECORDS BOOK PB = PLAT BOOK PG(S) = PAGE(S) POB -POINT OF BEGINNING POC = POINT OF COMMENCEMENT R/W -RIGHT-OF-WAY SR = STATE ROAD CLEARWATER CAY HOLDINGS LLC OR 17648, PG 1748 CITY OF CLEARWATER 10' SANITARY SEWER EASEMENT OR 4223, PG 1499 L12 BELLEAIR (PRIVATE ROAD) 0 LO t RO AD UIO 1-� <I �� <(/) ID(.!) a.. < a, o�C:, ID <a.. :JU w ID < w SHEET 1 OF 2 POI.ARIS ASSOCIATES INC. SKETCH lie DE SCRIPTION 11-08-19 SMW OHR a.EARWAlER CAY VACATION PORTION OF EASEMENT OR 4223, PG 1499 PROFESSIONA L SURVEYING LB 6113 2165 SUNNYDALE BOULEVARD, SUITE D CLEARWATER, FLORIDA 33765 H: \JN\4552\DWG\4552S011 VACSS2.DWG (727) 461-6113 EXHIBIT A US Hwy 19 NFLOURNOY CIR EFLOURNOY CIR WFLOURNOY WAY BELLEAIR RD FLOURNOY PLZ FLOURNOY CIR S FLOURNOY BLVD NURSERY RD AERIAL MAP Document Path: C:\Users\Wioletta.Dabrowski\City of Clearwater\Engineering Geographic Technology - Documents\GIS\_Staff\Wioletta\Vue at Belleair Easements\7maps\ORD_9456_21.mxd ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com N.T.S.Scale:Page: 1 of 14/1/2021Date:Aerial Flown 2019 1551 Flournoy Cir. W.Proposed Sewer Easement Partial Vacation O.R. 4223-1499 PROPOSED SEWER EASEMENT PARTIAL VACATION WDMap Gen By:RBReviewed By: Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9457-21 Agenda Date: 7/15/2021 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.3 SUBJECT/RECOMMENDATION: Adopt Ordinance 9457-21 on second reading, vacating a portion of a drainage and utility easement, described as a portion of land being a part of that certain drainage and utility easement recorded in OR Book 4055, Page 397 of the Public Records of Pinellas County, Florida. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 7/14/2021 [RE15-1313-080/267555/1] Ord. No. 9457-21 ORDINANCE NO. 9457-21 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING A PORTION OF A DRAINAGE AND UTILITY EASEMENT, DESCRIBED AS A PORTION OF LAND BEING A PART OF THAT CERTAIN DRAINAGE AND UTILITY EASEMENT RECORDED IN OFFICIAL RECORDS BOOK 4055, PAGE 397 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner in fee title of real property described and depicted in Exhibit “A” attached hereto, has requested that the City vacate a portion of said drainage and utility easement; and WHEREAS, the City Council of the City of Clearwater, Florida finds that the subject portion of said drainage and utility easement is not necessary for municipal use and it is deemed to be in the best interest of the City and the general public that the same be vacated; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: A portion of that certain drainage and utility easement described as follows: See Exhibit “A” is hereby vacated, closed and released, and the City of Clearwater releases all of its right, title and interest thereto. Section 2. The City Clerk shall record this ordinance in the Public Records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. [RE15-1313-080/267555/1] Ord. No. 9457-21 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 LEGEND COR = CORNER CPB = CONDOMINIUM PLAT BOOK OR = OFFICIAL RECORDS BOOK PB = PLAT BOOK PG(S) = PAGE(S) POB = POINT OF BEGINNING POC = POINT OF COMMENCEMENT R/W = RIGHT-OF-WAY SR = STATE ROAD SEC = SECTION SECTION 20, TOWNSHIP 29S, RANGE 16EPINELLAS COUNTY, FLORIDAPROJECT NUMBER 4552-01 ,_ I I STEAK 'N SHAKE, INC I OR 9842, PG 1005 BAY ARISTOCRAT VILLAGE MOBILE HOME PARK 0 100' 200' O> >->- <("' ILO � 3: I LO I-:r: (.'.) :c -a::: u IJJ • N io f'I 5 z a.. ��gl')1/)....1 1')5 a, _j� --� :a! 0::: (.!) 1/l::::!!O a.. CLEARWATER CAY HOLDINGS LLC OR 17648, PG 1748 "iiiiiiiii I SCALE: 1 "=200' (.!) _J 1_5 --------.... •u:, - :c V) :::> '--' Q_ 0 0 N ..,_ L1 - t ]SOUTH LINE, SEC 20NORTH LINE, SEC 29 NOT A SURVEY - S89"19'48"E 610.00'�BELLE A R O A D (PRIVATE ROAD) � � L9 0 0 z _,J IR ITEM DATE BY QC a.EARWATER CAY VACATION PORTION OF EASEMENT OR 4055 PG 397 SKETCH &: DESCRIPTION 05-08-20 SMW DHR H:\JN\4552\DWG\4552SD12 VAC.DWG L7 LINE L1 L2 L3 L4 L5 L6 L7 LB L9 L10 LINE TABLE BEARING DISTANCE S 89"1 9' 48"E 100.01' N01"26'21"E 5.00' N01"26'21"E 138.45 N88'34' 42"W 18.02' S 89'19' 48"E 263.00' S01 '26'21 "W 19.96' N89'19' 48"W 232.97' S01 '26'21 "W 246.00' N89'19' 48"W 12.00' S01 '26'21 "W 205.92' SHEET 1 OF 2 POLARIS ASSOCIATES INC. PROFESSIONAL SURVEYING LB 6113 2165 SUNNYDALE BOULEVARD, SUITE D CLEARWATER, FLORIDA 33765 (727)461-6113 EXHIBIT A US Hwy 19 NFLOURNOY CIR EFLOURNOY CIR WFLOURNOY WAY BELLEAIR RD FLOURNOY PLZ FLOURNOY CIR S FLOURNOY BLVD NURSERY RD AERIAL MAP Document Path: C:\Users\Wioletta.Dabrowski\City of Clearwater\Engineering Geographic Technology - Documents\GIS\_Staff\Wioletta\Vue at Belleair Easements\7maps\ORD_9457_21.mxd ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com N.T.S.Scale:Page: 1 of 14/1/2021Date:Aerial Flown 2019 1551 Flournoy Cir. W.Proposed Drainage and Utility Easement Partial Vacation O.R. 4055-397 PROPOSED DRAINAGE AND UTILITY EASEMENT PARTIAL VACATION WDMap Gen By:RBReviewed By: Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9458-21 2nd rdg Agenda Date: 7/15/2021 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.4 SUBJECT/RECOMMENDATION: Adopt Ordinance 9458-21 on second reading, vacating a portion of a sanitary sewer easement, described as a portion of land being a part of that certain easement recorded in OR Book 4055, Page 399 of the Public Records of Pinellas County, Florida. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 7/14/2021 [RE15-1313-080/267562/1] Ord. No. 9458-21 ORDINANCE NO. 9458-21 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING A PORTION OF A SANITARY SEWER EASEMENT, DESCRIBED AS A PORTION OF LAND BEING A PART OF THAT CERTAIN EASEMENT RECORDED IN OFFICIAL RECORDS BOOK 4055, PAGE 399 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner in fee title of real property described and depicted in Exhibit “A” attached hereto, has requested that the City vacate a portion of said sanitary sewer easement; and WHEREAS, the City Council of the City of Clearwater, Florida finds that the subject portion of said sanitary sewer easement is not necessary for municipal use and it is deemed to be in the best interest of the City and the general public that the same be vacated; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: A portion of that certain sanitary easement described as follows: See Exhibit “A” is hereby vacated, closed and released, and the City of Clearwater releases all of its right, title and interest thereto. Section 2. The City Clerk shall record this ordinance in the Public Records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. [RE15-1313-080/267562/1] Ord. No. 9458-21 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 Assistant City Attorney City Clerk EXHIBIT A US Hwy 19 NFLOURNOY CIR EFLOURNOY CIR WFLOURNOY WAY BELLEAIR RD FLOURNOY PLZ FLOURNOY CIR S FLOURNOY BLVD NURSERY RD AERIAL MAP Document Path: C:\Users\Wioletta.Dabrowski\City of Clearwater\Engineering Geographic Technology - Documents\GIS\_Staff\Wioletta\Vue at Belleair Easements\7maps\ORD_9458_21.mxd ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com N.T.S.Scale:Page: 1 of 14/5/2021Date:Aerial Flown 2019 1551 Flournoy Cir. W.Proposed Sewer Easement Partial Vacation O.R. 4055-399 WDMap Gen By: PROPOSED SEWER EASEMENT PARTIAL VACATIONPROPOSED SEWER EASEMENT PARTIAL VACATION RBReviewed By: Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9459-21 2nd rdg Agenda Date: 7/15/2021 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.5 SUBJECT/RECOMMENDATION: Adopt Ordinance 9459-21 on second reading, vacating a water line easement as recorded in OR Book 20673, Page 1028 of the Public Records of Pinellas County, Florida. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 7/14/2021 [RE15-1313-080/267567/1] Ord. No. 9459-21 ORDINANCE NO. 9459-21 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING A WATER LINE EASEMENT AS RECORDED IN O.R. BOOK 20673, PAGE 1028 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner in fee title of real property described and depicted in Exhibit “A” attached hereto, has requested that the City vacate said water line easement; and WHEREAS, as a condition to the vacation, the City will require that the owner grant a replacement water line easement; and WHEREAS, the City Council of the City of Clearwater, Florida finds that said water line easement is not necessary for municipal use and it is deemed to be in the best interest of the City and the general public that the same be vacated; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: The water line easement described as follows: See Exhibit “A” is hereby vacated, closed and released, and the City of Clearwater releases all of its right, title and interest thereto, contingent upon, and subject to, the following conditions precedent: 1. The property owner will grant to the City of Clearwater, Florida, a Water Line Easement over, under, across, and through the real property described in Exhibit “B”, (attached hereto and incorporated herein) as deemed acceptable to the City of Clearwater, for installation and maintenance of water line utilities therein by the City of Clearwater. [RE15-1313-080/267567/1] Ord. No. 9459-21 Section 2. The City Clerk shall record this ordinance in the Public Records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING ________________________________ PASSED ON SECOND AND FINAL READING AND ADOPTED ________________________________ ________________________________ Frank Hibbard Mayor Approved as to form: Attest: ________________________________ ________________________________ Laura Lipowski Mahony Rosemarie Call Senior Assistant City Attorney City Clerk EXHIBIT A EXHIBIT B US Hwy 19 NFLOURNOY CIR EFLOURNOY CIR WFLOURNOY WAY BELLEAIR RD FLOURNOY PLZ FLOURNOY CIR S FLOURNOY BLVD NURSERY RD AERIAL MAP Document Path: C:\Users\Wioletta.Dabrowski\City of Clearwater\Engineering Geographic Technology - Documents\GIS\Engineering\Location Maps\Vue at Belleair Easements\7maps\ErrorTheVue_WaterEasement.mxd ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com N.T.S.Scale:Page: 1 of 15/27/2021Date:Aerial Flown 2019 The Vue at Belleair1551 Flournoy Cir. W. WDMap Gen By:RBReviewed By: 1551 Flournoy Cir. W. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: Resolution 21-16 Agenda Date: 7/15/2021 Status: City Manager ReportVersion: 1 File Type: ResolutionIn Control: Engineering Department Agenda Number: 10.1 SUBJECT/RECOMMENDATION: Accept a Drainage and Utility Easement from the property owners of Vue At Belleair Apartments for the construction, installation and maintenance of drainage and utility facilities on real property located at 1551 Flournoy Circle West, Clearwater and adopt Resolution 21-16. SUMMARY: The granting of the Drainage and Utility easement from the property owners to the City is a condition of vacation Ordinance 9455-21, approved by Council on June 17. The acceptance of the Drainage and Utility easement fulfills that condition and grants the city rights to install, operate and maintain drainage and utility facilities within the easement area at the Vue of Belleair Apartments. The Engineering Department recommends acceptance of the easement. Page 1 City of Clearwater Printed on 7/14/2021 [A05-00152 /269220/1] Resolution No. 21-16 RESOLUTION NO. 21-16 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA ACCEPTING A DRAINAGE AND UTILITY EASEMENT FROM CL CLEAWATER LP, CL CLEARWATER LLC, CL CLEARWATER OWNER 3 LLC, CL CLEARWATER OWNER 4 LLC, CL CLEARWATER OWNER 5 LLC, AND CL CLEARWATER OWNER 6, LLC, (COLLECTIVELY, AND AS TENNANTS IN COMMON), FOR THE CONSTRUCTION, INSTALLATION, AND MAINTENANCE OF CITY DRAINAGE AND UTILITY FACILITIES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater required a drainage and utility easement from; CL CLEAWATER LP, CL CLEARWATER LLC, CL CLEARWATER OWNER 3 LLC, CL CLEARWATER OWNER 4 LLC, CL CLEARWATER OWNER 5 LLC, AND CL CLEARWATER OWNER 6, LLC, (collectively, and as tenants in common), as a condition of vacation Ordinance 9455-21, for the construction, installation, and maintenance of certain drainage and utility facilities; and WHEREAS, by this Resolution, the City Council of the City of Clearwater wishes to accept said grant of easement; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER FLORIDA: Section 1. The City Council of the City of Clearwater hereby accepts the Drainage and Utility Easement, a copy of which is attached hereto and incorporated herein as Exhibit “A” to Resolution 21-16. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this ______ day of _________________, 2021. ________________________________ Frank Hibbard Mayor Approved as to form: Attest: ___________________________ ________________________________ Laura Mahony Rosemarie Call Senior Assistant City Attorney City Clerk EXHIBIT A TO RESOLUTION 21-16 US Hwy 19 NFLOURNOY CIR EFLOURNOY CIR WFLOURNOY WAY BELLEAIR RD FLOURNOY PLZ FLOURNOY CIR S FLOURNOY BLVD NURSERY RD AERIAL MAP Document Path: C:\Users\Wioletta.Dabrowski\City of Clearwater\Engineering Geographic Technology - Documents\GIS\_Staff\Wioletta\Vue at Belleair Easements\7maps\TheVue_Drainage_UtilityEasement.mxd ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com N.T.S.Scale:Page: 1 of 15/19/2021Date:Aerial Flown 2019 1551 Flournoy Cir. W.Proposed Drainage and Utility Easement WDMap Gen By: Proposed Drainage and Utility Easement RBReviewed By: Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: Resolution 21-17 Agenda Date: 7/15/2021 Status: City Manager ReportVersion: 1 File Type: ResolutionIn Control: Engineering Department Agenda Number: 10.2 SUBJECT/RECOMMENDATION: Accept a Water Line Easement from the property owners of Vue At Belleair apartments for the construction, installation, and maintenance of water line facilities on real property located at 1551 Flournoy Circle West, Clearwater and adopt Resolution 21-17. SUMMARY: The granting of the water line easement from the property owners of Vue At Belleair to the City is a condition of vacation Ordinance 9459-21, approved by Council on June 17. The acceptance of the water line easement fulfills that condition and grants the city rights to install, operate and maintain water line facilities within the easement area at the Vue of Belleair Apartments. The Engineering Department recommends acceptance of the easement. Page 1 City of Clearwater Printed on 7/14/2021 [A05-00152 /269259/1] Resolution No. 21-17 RESOLUTION NO. 21-17 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA ACCEPTING A WATER LINE EASEMENT FROM CL CLEAWATER LP, CL CLEARWATER LLC, CL CLEARWATER OWNER 3 LLC, CL CLEARWATER OWNER 4 LLC, CL CLEARWATER OWNER 5 LLC, AND CL CLEARWATER OWNER 6, LLC, (COLLECTIVELY, AND AS TENNANTS IN COMMON), FOR THE CONSTRUCTION, INSTALLATION, AND MAINTENANCE OF CITY WATER LINE FACILITIES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater required a water line easement from CL CLEAWATER LP, CL CLEARWATER LLC, CL CLEARWATER OWNER 3 LLC, CL CLEARWATER OWNER 4 LLC, CL CLEARWATER OWNER 5 LLC, AND CL CLEARWATER OWNER 6, LLC, Collectively, and as tenants in common), as a condition of vacation Ordinance 9459-21, for the construction, installation, and maintenance of certain water line facilities; and WHEREAS, by this Resolution, the City Council of the City of Clearwater wishes to accept said grant of easement; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER FLORIDA: Section 1. The City Council of the City of Clearwater hereby accepts the Water Line Easement, a copy of which is attached hereto and incorporated herein as Exhibit “A” to Resolution 21-17. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this ______ day of _________________, 2021. ________________________________ Frank Hibbard Mayor Approved as to form: Attest: ___________________________ ________________________________ Laura Mahony Rosemarie Call Senior Assistant City Attorney City Clerk EXHIBIT A TO RESOLUTION 21-17 US Hwy 19 NFLOURNOY CIR EFLOURNOY CIR WFLOURNOY WAY BELLEAIR RD FLOURNOY PLZ FLOURNOY CIR S FLOURNOY BLVD NURSERY RD AERIAL MAP Document Path: C:\Users\Wioletta.Dabrowski\City of Clearwater\Engineering Geographic Technology - Documents\GIS\Engineering\Location Maps\Vue at Belleair Easements\7maps\TheVue_WaterEasement.mxd ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com N.T.S.Scale:Page: 1 of 15/19/2021Date:Aerial Flown 2019 1551 Flournoy Cir. W.Proposed Water Line Easement WDMap Gen By: Proposed Water Line Easement RBReviewed By: Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: Resolution 21-18 Agenda Date: 7/15/2021 Status: City Manager ReportVersion: 1 File Type: ResolutionIn Control: Engineering Department Agenda Number: 10.3 SUBJECT/RECOMMENDATION: Accept two utility easements from Gulf to Bay LM, LLC for the construction, installation and maintenance of city utility facilities on real property located at 2188 Gulf to Bay Boulevard and adopt Resolution 21-18. SUMMARY: The Utility Easements will grant the City rights for construction, installation and maintenance of utility facilities on the commercial site. The Engineering Department recommends acceptance of the easements. Page 1 City of Clearwater Printed on 7/14/2021 Resolution No. 21-18 RESOLUTION NO. 21-18 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA ACCEPTING TWO UTILITY EASEMENTS FROM GULF TO BAY LM, LLC, FOR THE CONSTRUCTION, INSTALLATION, AND MAINTENANCE OF CITY UTILITY FACILITIES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater requires two utility easements from GULF TO BAY LM, LLC for the construction, installation, and maintenance of certain utility facilities; and WHEREAS, by this Resolution, the City Council of the City of Clearwater wishes to accept said grant of easement; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER FLORIDA: Section 1. The City Council of the City of Clearwater hereby accepts the Utility Easements, a copy of which is attached hereto and incorporated herein as Exhibit “A” to Resolution 21-18. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this ______ day of _________________, 2021. ________________________________ Frank Hibbard Mayor Approved as to form: Attest: ___________________________ ________________________________ Laura Mahony Rosemarie Call Senior Assistant City Attorney City Clerk EXHIBIT A TO RESOLUTION 21-18 S MAIN AVE S BELCHER RD RAINBOW DR GULF-TO-BAY BLVD GULF-TO-BAY BLVD 490 296 304 314 300 200 2192216421 7 6 216821502162219021 7 2 21602201219621992188220521402170AERIAL MAP PROPOSEDUTILITY EASEMENTS Document Path: C:\Users\Wioletta.Dabrowski\City of Clearwater\Engineering Geographic Technology - Documents\GIS\Engineering\Location Maps\2188_GulftoBayBlvd.mxd ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com N.T.S.Scale:Page: 1 of 16/23/2021Date:Aerial Flown 2019 Proposed Utility Easements2188 Gulf to Bay Blvd. WDMap Gen By: PROPOSEDUTILITY EASEMENTS RBReviewed By: Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9417 Agenda Date: 7/15/2021 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 10.4 SUBJECT/RECOMMENDATION: Approve a proposal from Skanska, Inc., of Tampa, FL, for construction of Imagine Clearwater (17-0031-EN) at the Guaranteed Maximum Price (GMP) of $55,370,250.00 per RFQ 52-19 and authorize the appropriate officials to execute same. SUMMARY: December 19, 2019, City Council approved RFQ #52-19 selecting Skanska as CMAR to provide construction services for Imagine Clearwater and approved a proposal for Pre-Construction services in the amount of $425,000.00 to include design review and construction cost estimating. September 3, 2020, City Council approved GMP #1 for $1,184,090.00 from Skanska to relocate Duke Energy infrastructure to support the future park buildings and amenities. April 15, 2021, City Council approved GMP #2 for $12,943,812.00 from Skanska to perform demolition, sitework, and installation of utilities infrastructure. Designs for all park components and buildings are complete and the permitting process is underway. Skanska has provided GMP #3 for this work in Coachman Park and adjacent city-owned lots located at 301 Drew Street, Clearwater. The Imagine Clearwater project includes redevelopment of the City’s 22-acre downtown waterfront park space to include a large bandshell, seating canopy cover, dockmaster’s building, public restrooms, an interactive water feature, walking paths, picnic pavilions, extensive landscaping, and a civic gateway connecting the park to Clearwater’s downtown. Construction for this work will begin in late July 2021 and run concurrent to the work approved in GMP #2. The Park will be closed until all park features associated with Imagine Clearwater are constructed. Completion is scheduled for summer of 2023. APPROPRIATION CODE AND AMOUNT: ENGF180013-CONS-CNSTRC $55,370,250.00 Page 1 City of Clearwater Printed on 7/14/2021 Imagine Clearwater Guaranteed Maximum Price (GMP 3) Clearwater, FL June 28, 2021 Table of Contents Imagine Clearwater Guaranteed Maximum Price (GMP 3) Flatwork & Vertical Construction June 28, 2021 Section 1 – GMP 3 Summary  Executive Summary / Project Overview  Guaranteed Maximum Price Summary  GMP 3 Bid Package Breakdown of Direct Cost  Alternates Summary Section 2 – Basis of the Guaranteed Maximum Price  General Qualifications  Allowances  Schedule  Logistics Plan & Laydown 2 - Basis of Guaranteed Maximum Price Imagine Clearwater Guaranteed Maximum Price (GMP 3) Flatwork & Vertical Construction June 28, 2021 Executive Summary / Project Overview This GMP 3 is based upon the documents prepared by Stantec, see document log for documents that GMP 3 is based on. Further project scope definition has been developed by Skanska USA Building Inc., and various assumptions that are attached to this proposal. This GMP 3 proposal incorporates the value of all associated construction work as of this date and reflects the decision on scope and quality as they have been decided by the client and A/E team. Skanska USA Building Inc. recommends that the attached documents be carefully reviewed; questions and comments be referred back to us for resolution; and the overall project be approved for further progress. Based on the scope of Work, schedule, logistics plan, approved alternates and other content identified or included in the “Basis of GMP 3” section, Skanska hereby proposes a GMP 3 of $55,370,250 to complete such scope of Work for this Project. The Project Schedule upon which the GMP 3 is based is appended to this GMP 3 Proposal. The Project Schedule identifies the schedule milestones and associated completion dates set forth in Table 1-1 for the Project. Table 1-1 No. Milestone Description Completion Date 1 Issuance of GMP 3 Notice to Proceed July 22, 2021 2 Substantial Completion (Overall Project) May 17, 2023 3 Final Completion (Overall Project) July 16, 2023 This GMP 3 Proposal is valid until August 15, 2021. Page 1 of 26 2 - Basis of Guaranteed Maximum Price Imagine Clearwater Guaranteed Maximum Price (GMP 3) Flatwork & Vertical Construction June 28, 2021 Guaranteed Maximum Price Summary Site (Acres) 24 Direct Cost of Work: Total of All GMP 3 Bid Packages (see page 2 for detail)40,160,801$ Owner Accepted Alternates (Direct Cost)4,120,774$ Temporary power, water, gas Allowance (3 months)100,000$ 250,000$ 215,000$ 44,846,575$ Contingency: Contractor Construction Contingency 4.00%1,793,863$ Owner Construction Contingency Allowance 6.00%2,690,795$ General Conditions Lump Sum 1,750,000$ Added General Conditions for Accepted Alternates 329,662$ Insurances & Bonds: Sub Bonds / SDI 1.42% On Cost of Work & Contractor Contingency 662,294$ Building Permit BY OWNER Misc Permits/Fees (LDP, Tap Fees, Etc.) BY OWNER CCIP 2.58% On Total Construction Cost 1,428,552$ Builder's Risk BY OWNER Skanska P&P Bond 0.41%226,091$ Fee 3.50% On Direct Cost of Work + Lump Sum GCs/GRs 1,642,418$ 55,370,250$ EXECUTIVE SUMMARY GMP 3 Flatwork & Vertical Construction June 28, 2021 Materials testing and inspection Allowance General Cleanup Total Direct Cost of Work: Total Construction Cost (GMP 3): Page 2 of 26 2 - Basis of Guaranteed Maximum Price Imagine Clearwater Guaranteed Maximum Price (GMP 3) Flatwork & Vertical Construction June 28, 2021 GMP 3 Bid Package Breakdown of Direct Cost Bid Pkg No.Bid Package Description GMP 3 DIRECT COST 01 General Requirements $102,786 01a Final Cleaning $22,500 01b Temporary Fencing (GMP 2)$0 01c Surveying $100,000 03a CIP Concrete (Buildings)$2,411,200 03f Concrete Flatwork / Hardscape / Standard Retaining Walls $3,523,536 03g Select Retaining Walls (Gateway, Pond & South Bluff Retaining Walls)$1,019,500 03h Miscellaneous Feature / Amenity Foundations (Shade Structures, Torchiers, etc)$285,000 04a Masonry $475,396 05a Structural Steel & Misc Steel $563,611 05b Ornamental Metals / Railings $291,813 05c Decorative Metals for Park Elements $572,835 05d Torchiers $619,548 06b Millwork / Finish Carpentry $254,297 06d Wood Structures (Lake Bridge) $189,750 07a Waterproofing & Caulking $246,847 07b Roofing $335,376 07d Fireproofing $56,838 08a Doors / Frames / Hardware $242,888 08c Glass & Glazing $358,855 08f Overhead Doors $14,114 09a Framing Drywall & Stucco $1,675,692 09b Acoustical Ceilings & Wall Panels $463,420 09c Tile $261,948 09e Resilient Flooring / Carpet $58,700 09i Painting & Wallcoverings $120,409 10a Toilet Partitions & Bathroom Accessories $148,646 10b Signage (Interior & Building ID Signage)$32,404 10d Fire Protection Specialties $5,684 10g Wall & Door Protection $24,059 10h Aluminum Walkway Canopies $109,442 10j Signage (Site Monument & Wayfinding Signage) $194,179 11d Loading Dock Equipment $32,027 11e Playground Equipment $489,348 11f Theater / Stage Equipment $220,590 11J Audience Seating Platforms $73,122 13a Engineered Seating Canopy (Bandshell)$8,872,300 13e Water Features $1,570,821 13f Engineered Shade Structures $304,800 14a Elevators $124,565 21a Fire Sprinkler $103,087 22a Plumbing $1,058,558 23a HVAC $498,800 26a Electrical $6,924,616 31a Earthwork / Grading / Utilities (GMP 2)$243,300 31b Deep Foundations $1,686,600 31c Wet Utilities (GMP 2)$0 31d CLOMR & Revetment (GMP 2)$0 32a Site Improvements (Fences & Gates)$309,855 32b Asphalt Paving / Curb & Gutter / Striping & Signage $827,649 32c Landscaping / Irrigation $1,465,077 32d Site Furnishings (Benches, Chairs, Bike Racks, Table Sets, Trash Rec.)$269,613 32e Synthetic Turf $304,800 SUBTOTAL (Direct Cost):$40,160,801 Page 3 of 26 2 - Basis of Guaranteed Maximum Price Imagine Clearwater Guaranteed Maximum Price (GMP 3) Flatwork & Vertical Construction June 28, 2021 Alternates ** Alternate pricing indicated below represents total costs and include direct and indirect cost Alternates:Direct Cost Status 01 79,086$ Accepted 02A 430,346$ 02B 725,620$ Accepted 03A 03B 04 220,577$ Accepted 05 83,895$ Accepted 06A 06B 06C 07A 177,121$ Accepted 07B 8,000$ Accepted 08 09 10 396,586$ Accepted 11A (208,419)$ 11B (115,699)$ 12 (240,000)$ Accepted 13 14 20,000$ 15 (7,354)$ 16A 13,357$ Accepted 16B 19,569$ 16C 2,410$ 17 (27,450)$ Accepted 18 46,000$ 19 181,000$ ADD ALTERNATE 14: Third party testing company to perform monitoring / reporting during roof installation per specification section 07 54 23 paragraph 3.9 A OWNER REQ. ALTERNATE 5: Add (4 EA) "Bamboo Trees" Water Features (Model VOR 7725) @ Splashpad (Assumes use of same pump as IWF - no separate pump) OWNER REQ. ALTERNATE 11: DEDUCT Alternate to delete 2 EA Torchiers reducing the Torchiers count from 5 ea to 3 ea - (Cannot be accepted with Alternate 11B) SEE PLAYGROUND OPTIONS BELOW SEE PLAYGROUND OPTIONS BELOW ADD ALTERNATE 19: Provide Bandshell Canopy with 80-85% PTFE Membrane ilo 67-70% (Base Bid) OWNER REQ. ALTERNATE 4: Add Coachman Garden Trees, Shrubs (w/ Irrigation), Pathways, Site Furniture & 1 Shade Structure DEDUCT VE ALTERNATE 11B: Change from stainless steel to Aluminum Torchier Cladding - Credit is based on 5 Torchiers - (Cannot be accepted with Alternate 11A) DEDUCT VE ALTERNATE 12: Deduct to eliminate the custom form-liners at the Gateway Plaza North, South and West Retaining walls OWNER REQ. ALTERNATE 7A: Add Picnic Pavillions and associated furniture (This option includes lighting as indicated on plans but no solar) ADD ALTERNATE 18: Bandshell Canopy Steel to be AESS (Including Mockups) in accordance with RFI Nos. 46 & 153 (Provides Grade III AESS Steel from 0'-0" - 20'-0" and Grade I from 20'-0" and above at columns only) NOT USED ADD ALTERNATE 16C: Provide factory pre-finished Doors in Standard Color in place of field painted finish - Cannot be accepted with Alt. 16B SEE PLAYGROUND OPTIONS BELOW OWNER REQ. ALTERNATE 7B: Add Poligon Solar Lighting System @ the Picnic Pavilions (Stand-alone solar panel by Poligon. Does NOT include equipment for distribution of power back to the grid) NOT USED NOT USED OWNER REQ. ALTERNATE 10: Theatrical Luminaires Package (Provide a price to provide the Theatrical Luminaires Package as outlined in Section 11 61 53 Theatrical Luminaires and Accessories. DEDUCT VE ALTERNATE 15: Provide 60 MIL TPO roofing membrane w/ 20 year warranty ilo 80 MIL ADD ALTERNATE 16A: Provide G90 Galvannealed HM Frames and Door Slabs on all doors (better for coastal environments) - Can be accepted with 16B or 16C but not both. ADD ALTERNATE 16B: Graintech factory finish doors in place of painted finish (Does not include STC Rated Doors which are not available in Graintech finish) - Cannot be accepted with Alt. 16C DEDUCT ALTERNATE 17: Provide galvanized ramp rails at Audience Seating Platform ramps in place of aluminum (Requested per RFI No. 146) OWNER REQ. ALTERNATE 2B: Add Gateway Water Feature (Full Original Design - 7 Basin Water Feature) w/ Vaults for equipment - (Cannot be accepted with Alternate 02A) SEE PLAYGROUND OPTIONS BELOW SEE PLAYGROUND OPTIONS BELOW OWNER REQ. ALTERNATE 2A: Add Gateway Water Feature (Upper Gateway Plaza - 4 Basin Water Feature) - (Cannot be accepted with Alternate 02B) Alternates Summary GMP 3 (Flatwork & Vertical Construction) June 28, 2021 ***Alternate pricing good until 8/15/21 and relies on a Notice to Proceed by 7/22/21 for pricing to still be valid OWNER REQ. ALTERNATE 1: Art Wall - Add Art Walls @ N. Bluff (Add Art Walls & Up Lights) Page 4 of 26 2 - Basis of Guaranteed Maximum Price Imagine Clearwater Guaranteed Maximum Price (GMP 3) Flatwork & Vertical Construction June 28, 2021 20 530,000$ 21 (10,000)$ Accepted 22A (320,000)$ 22B (520,000)$ Accepted 23 230,736$ 24 29,430$ 25 321,238$ 26 311,590$ 27 52,000$ 28 242,500$ Accepted 29 250,000$ Accepted 30 1,300,000$ Accepted 31 650,000$ Accepted 32 (247,700)$ 06B (94,596)$ 03A 123,865$ 03B 120,335$ 06A 771,482$ Accepted 06C 670,994$ Total Accepted Alternates (Direct Cost): 4,120,774$ ADD ALTERNATE 28: Add 5 Shade Structures by Birdair (Quasar) ADD ALTERNATE 29: Add ALLOWANCE for Solar Panels @ Buildings (Bandshell, Event RR, IWF RR, Dockmaster, Picnic North & Picnic South) ADD ALTERNATE 30: Add ALLOWANCE for Moveable Seating ADD ALTERNATE 31: Add ALLOWANCE for INSTALLATION ONLY of Underground trash receptacles (Allowance provided by CoC based on 7 pair Trash/Recycle). Trash / Recycling receptacle and precast box to be furnished by City of Clearwater for installation by Skanska. DEDUCT VE ALTERNATE 22B: Micropiles - VE option 2 revised pile layout / quantities based on engineering efficiencies by pile contractor - (Cannot be accepted if 22A is accepted) ADD ALTERNATE 23: Provide 1 year Landscape maintenance after substantial completion. (This is a direct option for the Owner. This work will not be contracted through Skanska). ADD ALTERNATE 27: Upgrade turf for Bandshell and Bluff Walk North to DuPont ForeverLawn Select HD (w/ 15 yr. warranty) in place of ForeverLawn Xerigrass CL58 (w/ 8 yr warranty) ADD ALTERNATE 26: Add to provide 8" Depth of 80/20 mix soil for use under the Bermuda Sod at the Green ADD ALTERNATE 24: Add to provide additional soil amendment for groundcover areas only (to comply with detail 10/LP-501) ADD ALTERNATE 20: Provide Coal Tar Epoxy Coating at the Micropile casings as indicated in Specification in place of the 1/16" added sacrificial wall thickness at steel casing ADD ALTERNATE 25: Add to provide additional soil amendment for shrub areas only (to comply with detail 10/LP- 501) ADD ALTERNATE 32: Deduct to provide alternate manufacturer (Roman Fountain) for fountain equipment (in place of Crystal Fountains) OWNER REQ. ALTERNATE 3B: Rubber Safety Surfacing in place of Engineered Mulch @ Playground (Base Bid Layout) - BASED ON LANDSCAPE STRUCTURES PRICING - (Cannot be accepted concurrently with Alternate 6A, 6B or 6C). Base Bid Playground Layout w/ Alternate Surfacing (LH-208A): Rubber Surfacing in place of Eng. Mulch OWNER REQ. ALTERNATE 6A: Add for Alternate Playground Layout per LH-208B (More Equipment w/ Revised Surfacing as shown) - BASED ON KOMPAN PRICING - (Cannot be accepted if Alternate 3A, 3B, 6B or 6C is accepted) DEDUCT VE ALTERNATE 6B: Provide alternate playground design by Landsacape Structures in similar "Ship Theme" BASE BID LAYOUT in place of Kompan Base Bid Layout - (Cannot be accepted if Alternate 3A, 3B, 6A or 6C is accepted) ADD ALTERNATE 6C: Provide alternate playground design by Landsacape Structures in similar "Ship Theme" ALTERNATE LAYOUT (LH-208B) - BASED ON LANDSCAPE STRUCTURES PRICING - (Cannot be accepted if Alternate 3A, 3B, 6A or 6B is accepted) DEDUCT ALTERNATE 21: Provide tension test only ilo compression test for the Micropiles DEDUCT VE ALTERNATE 22A: Micropiles - VE option 1 reduce pile diameter based on engineering efficiencies by pile contractor - (Cannot Be accepted if 22B is accepted) PLAYGROUND OPTIONS OWNER REQ. ALTERNATE 3A: Rubber Safety Surfacing in place of Engineered Mulch @ Playground (Base Bid Layout) - BASED ON KOMPAN PRICING - (Cannot be accepted concurrently with Alternates 6A, 6B or 6C). Alternate Playground Layout & Surfacing (LH-208B): Enhanced playground w/ Rubber, Synthetic & Sand Base Bid Playground Layout and Surfacing (LH-208A): Landscape Structures in place of Kompan Page 5 of 26 2 - Basis of Guaranteed Maximum Price Imagine Clearwater Guaranteed Maximum Price (GMP 3) Flatwork & Vertical Construction June 28, 2021 This section of the Guaranteed Maximum Price Proposal describes exclusions, assumptions, and clarifications. For those items that are identified as excluded, no cost or time has been accounted for in the GMP 3 to address the issue. For those items that are clarified, qualified or based on an assumption, the GMP 3 reflects only the cost and time of the element as assumed or clarified. Any differences to the following exclusions, clarifications and/or assumptions will result in a change to the GMP 3. Cost Basis of GMP 3: Flatwork and Vertical Construction Skanska USA’s GMP 3 Flatwork and Vertical Construction Proposal is based upon the following: 1. Plans, specifications, and RFI responses 2. Skanska USA’s Guaranteed Maximum Price Proposal (dated June 28, 2021) 3. The Project Agreement dated December 19, 2019 4. These Exclusions, Qualifications and Assumptions 5. The following documents: a. The Package Specific Assumptions and Clarifications dated June 28, 2021 b. Document Log dated June 28, 2021 c. Owner, Contractor Responsibility Matrix dated June 28, 2021 d. Project Schedule with Data Date June 10, 2021 e. Bid Documents for GMP 3 dated March 29, 2021 as amended by Addendums 1-4 included in Document Log referenced in item B above Changes or revisions to the foregoing information will result in a modification to the GMP 3 and require modifications to the Overall Project Schedule. Documents, communications and information not included in the foregoing list, including for instance, any third-party agreements are not accounted for in the GMP 3 Proposal. As such, the Owner must carefully review all of the criteria used to develop this GMP 3 Proposal and request any revisions to the same, so that a modified GMP 3 proposal can be prepared. Page 6 of 26 2 - Basis of Guaranteed Maximum Price Imagine Clearwater Guaranteed Maximum Price (GMP 3) Flatwork & Vertical Construction June 28, 2021 General Qualifications 1. GMP 1 (Enabling Work) and GMP 2 (Sitework, Earthwork, Utilities & CLOMR wall & Revetment) is not included in this GMP 3. For the total project scope value covered by GMP’s you would add GMP1, GMP 2 and this GMP 3. All GMP 1 and GMP 2 qualifications and assumptions remain. 2. The GMP 3 is based upon materials with color and configuration from the manufacturer’s standard selections, unless specifically noted otherwise in this document. 3. Use of union labor/prevailing wage is not mandatory and has not been considered in this GMP 3. 4. The GMP 3 does not include the cost of a professional engineer’s stamp on any subcontractor’s or vendor’s shop/fabrication drawings. Where contract documents require that design information be provided by the Construction Manager, design information (including calculations and certifications) will be provided by trade contractors. The Construction Manager will rely on the trade contractor’s in so doing. The Guaranteed Maximum Price does not include any costs and expenses to conduct an independent review of such design information, and does not include costs and expenses resulting from any deficiencies or inaccuracies in these calculations or certifications. 5. GMP 3 does not include any costs associated with reviews, design changes or delays by insurance underwriters such as IRI or FM. Labor, materials and equipment, and the related cost thereof, and impacts to the Project Schedule arising from or in connection with, inspections or requirements imposed by Factory Mutual or similar insurance underwriters, and not expressly set forth in the Drawings and Specifications, are excluded. 6. Sales tax on materials is included. 7. GMP 3 proposal assumes unfettered legal access to the project site at all times, limited to areas identified on the Project Logistics Plan. 8. GMP 3 excludes costs and/or schedule implications related to handling, removing, and/or abating any hazardous materials (including but not limited to, asbestos, lead, petrochemicals, etc). 9. GMP 3 excludes costs and/or schedule implications related to handling, removing, and/or abating any contaminated ground water or unsuitable soils. Skanska will stockpile any unsuitable materials associated with our work for handling and removal by the City of Clearwater. Page 7 of 26 2 - Basis of Guaranteed Maximum Price Imagine Clearwater Guaranteed Maximum Price (GMP 3) Flatwork & Vertical Construction June 28, 2021 10. During GMP 1 Skanska and Owner through its Architect-Engineer performed some limited site investigation. This included potholing exiting utilities shown on the Contract Drawings when installing the Enabling Conduit Work. By way of example the following investigations were conducted: a) Stantec potholing and physically locating in horizontal and vertical elevations the existing utilities shown on drawings to discover that they are conflict with the IWF location as shown on the documents. Stantec is currently modifying the IWF design to accommodate located existing utilities. b) Potholing to locate existing subaqueous water force main near the Boathouse that was found to not be located as indicated on the drawings. c) Skanska located an unforeseen storm sewer conflict structure next to Duke manhole #22, (currently not indicated on the documents) while installing the Duke Energy Conduits. Skanska coordinated a no cost resolution that Duke Energy is implementing. d) While installing the Duke energy conduit at the South Bluff Skanska located an existing unforeseen sanitary line. This line will be in direct conflict with the current design. Stantec will need to provide a new sketch showing the rerouting of this lateral, Skanska has carried an allowance to account for resolving this unforeseen condition. Additional utility investigations will be performed as to identify the actual location of existing utilities shown on the documents. The work required to locate these utilities is within GMP 2. However, if existing utilities shown in the documents are found in significantly different locations and / or if unforeseen / unknown utilities are discovered and the unforeseen conditions impact installation of new Work, the cost of any work required to address the unforeseen condition is not included in GMP 2 or this GMP 3. Note 8 on C-001 is excluded. GMP 2 and this GMP 3 excludes costs and/or schedule implications related to any unforeseen conditions. 11. GMP 3 does not include construction activities outside of the defined project limits. 12. No costs have been included for materials testing and / or inspections except as noted below. No testing or inspections anticipated with the exception of compaction of soils, load testing of micropile test piles, micropiles, concrete, masonry, steel, fireproofing, low voltage conductive testing of TPO roofing. Threshold inspections are excluded and are to be completed by the City of Clearwater. 13. Refer to Owner-Contractor Responsibility Matrix for additional clarifications as it relates to the scope of work included within the GMP 3. 14. A phased construction schedule is not included for GMP 3. GMP 3 assumes that the Work can happen without interruption. Page 8 of 26 2 - Basis of Guaranteed Maximum Price Imagine Clearwater Guaranteed Maximum Price (GMP 3) Flatwork & Vertical Construction June 28, 2021 15. This is not a LEED project. Cost to meet LEED requirements that may be included in the specifications are not included in GMP 3. 16. The GMP 3 assumes participation in the Owner’s Direct Purchase (ODP) program given timely approvals are provided to allow release of materials per scheduled completion. Should approval of the Owner Direct Purchase delay release of materials, it will require a schedule extension at additional cost to the Project. Upon reconciliation of all purchase order amounts, a final change order may be executed to finalize the amounts for all Subcontractor deductions and sales tax savings. Following reconciliation, any unspent material costs remaining in the Owner's purchase order will be returned to the Contractor by a Change Order. 17. Neither the GMP 3 nor the project schedule upon which GMP 3 is based contemplate any project delays, suspensions, disruptions, cost escalations or other impacts caused, directly or indirectly, by the coronavirus disease, or any other epidemic or pandemic or any resulting government action. 18. This GMP 3 Proposal is valid until August 15, 2021 but subject to cost and schedule adjustments if the Notice to Proceed is delayed, as discussed in paragraph 23. If Owner does not accept this GMP 3 Proposal within such validity period, Skanska reserves the right to further adjust the GMP 3 and Project Schedule to account for changes in market and other conditions that impact cost and/or the Project Schedule. 19. For those items that are excluded, no cost or time has been included in this GMP 3 Proposal to account for such items. For those items that are clarified, qualified or based on an assumption, this GMP 3 Proposal reflects only the cost and time associated with the items as assumed, qualified or clarified. All content in this Section 2 is intended to more clearly define and/or limit Skanska’s scope of responsibility under the Contract regardless of whether or not any specific sub-item in this Section 2 may not use terms such as “assume”, “qualify”, “clarify” or similar terms or derivations thereof. 20. Changes to or deviations from any aspect of the Basis of GMP 3 Documents that impact cost and/or schedule may entitle Skanska to a change order, subject to its compliance with the notice provisions within the Agreement, equitably adjusting the GMP 3 and/or Project Schedule. 21. Documents, third-party agreements, commitments to third parties, design criteria and any other information not expressly included in the Basis of GMP 3 Documents are all excluded. Page 9 of 26 2 - Basis of Guaranteed Maximum Price Imagine Clearwater Guaranteed Maximum Price (GMP 3) Flatwork & Vertical Construction June 28, 2021 22. Coordination with Others. This GMP 3 Proposal is based on the assumption that the members of the Design Team and Owner’s other contractors and personnel performing work or services in connection with the Project will: a) Comply with Skanska’s site-specific safety program and maintain an injury free environment when work or services are performed at the Project site. b) Perform work and services, including without limitation installation of Owner- furnished equipment and materials and issuing timely responses to RFIs and submittals, in accordance with the Project Schedule (as such schedule may be amended from time-to-time). c) Perform work and services so as to not impact Skanska’s ability to perform its Work in accordance with the Logistics Plan. d) Perform work and services (including inspections), so as to not impact Skanska’s ability to maintain or accelerate the Work under the Project Schedule. e) Provide detailed schedule, logistics, and technical information when and as requested by Skanska so as to enable Skanska to timely coordinate interfaces with the Design Team and other contractors and to maintain or accelerate elements of the Project Schedule so as to achieve necessary progress and milestone completion dates. f) Be solely responsible for coordinating rough-ins to be provided by Skanska and for making final connections of all Owner-furnished equipment to the rough-ins provided by Skanska. 23. Notice to Proceed. This GMP 3 Proposal is based on the assumption that Owner will issue a notice to proceed (“NTP”) (with all conditions precedent identified below, if any, satisfied) on or before July 22, 2021 (“Notice to Proceed Date”) and that Substantial Completion will be achieved on or before May 17, 2023, as such duration may be modified in accordance with the Contract. If Owner has not issued an effective NTP by the Notice to Proceed Date, Skanska shall have no obligation to commence any part of the Work, until Skanska and Owner: (a) reach agreement on the scope and nature of equitable adjustment to GMP 3 and Project Schedule, including full compensation to Skanska and its Subcontractors and Sub-subcontractors for the delay in issuing NTP and; (b) Owner satisfies all conditions precedent to the effectiveness of the NTP set forth below. 1) Applicable Permits must be issued 2) All permit Fees Paid 3) Owners Builders Risk Policy must be in place as reviewed & agreed to by Skanska 4) GMP Amendment or Purchase Order issued and fully executed Page 10 of 26 2 - Basis of Guaranteed Maximum Price Imagine Clearwater Guaranteed Maximum Price (GMP 3) Flatwork & Vertical Construction June 28, 2021 24. Contingency. An Owner contingency allowance of $2,690,795 has been included in GMP 3 to address issues such as, by way of example and not limitation, Design Team’s completion of design, enlarging the size of the Project, unforeseen conditions, comments from authorities having jurisdiction, commodity and/or material price escalation, modifications to or acceleration of the Project Schedule, increased quality or quantity of Project components not currently reflected in the Drawings or Specifications, or other conditions/circumstances for which Skanska would be entitled to a Change Order under the Contract. In preparing this GMP 3 Proposal, Skanska included a contractor contingency in the amount of $1,793,863 for Skanska’s exclusive use (hereinafter the "Construction Contingency") to cover those costs considered reimbursable as the Cost of the Work but not included in a Change Order. Construction Contingency shall be available for Skanska’s exclusive use at any time, including at the time of final payment, for reimbursement of costs and expenses: (1) reasonably incurred by Skanska in performing the Work, (2) of a type that are reimbursable under the Contract as a Cost of the Work, and (3) that are not otherwise the basis for a Change Order (it being understood that the Construction Contingency shall not be used to fund any Work which would otherwise be subject to a Change Order); including, by way of example, but not limited to, (a) Work items inadvertently omitted during the estimating and bidding process, (b) schedule recovery costs, (c) cost increases due to unanticipated local labor and material market conditions, (d) interfacing omissions between and from the various categories of Work; (e) additional costs incurred due to the withdrawal or disqualification of a Subcontractor bid forming the basis for the GMP 3 prior to signing of a written subcontract, and (f) excess Subcontractor completion costs arising from Subcontractor default. Skanska shall furnish to Owner a monthly Contingency Log showing all reimbursements from the Construction Contingency. This is not a Line item GMP. The Construction Contingency shall be increased automatically by the net savings, if any, realized through subcontract and/or purchase order buyout or due to other under runs against the various amounts and allowances that compose the overall GMP 3. Any amount remaining in the Construction Contingency at final payment shall be counted as savings for purposes of determining any shared savings, if applicable. 25. Retainage is included at 5% in GMP 3 through Project Substantial Completion at which time a reduction to 2.5% is expected. 26. Confirmation by the Engineer that all or part of the Work is Substantially Complete shall establish the start of the Warranty/Correction Period and will be final acceptance of the Work for the purpose of warranty and maintenance obligations as the Owner will take possession of the Project at that time. Page 11 of 26 2 - Basis of Guaranteed Maximum Price Imagine Clearwater Guaranteed Maximum Price (GMP 3) Flatwork & Vertical Construction June 28, 2021 27. GMP 3 includes a Fee of 3.5% on the Direct Cost of Work plus lump sum GC’s / GR’s. This includes all costs of any ODP credits that goes back to the Owner to facilitate sales tax savings. No fee is calculated on top of insurances & bonds. Fee to be charged on contingency only when contingency is utilized and will be taken out of contingency at that time. Fee Markup on Add Changes to the Work is qualified in GMP 3 to be: 1. For Labor – 15% broken down as follows – 10% to self-performing subcontractors and 5% to the contractor 2. For Materials – 10% by subcontractor and 5% to the contractor 28. The Contractor General Conditions / General Requirements are based on a Lump Sum Basis in GMP 3 to be billed equally monthly for the duration of the project. 29. Escalation. Skanska has not included any contingency to account for price escalation resulting from any change in law or tariffs that may be enacted by a governing body. The proposed GMP 3 excludes any additional cost resulting from price escalation arising out of a change of law or tariff. The Guaranteed Maximum Price (GMP 3) assumes a Notice to Proceed of July 22, 2021 and the Guaranteed Maximum Price Proposal as submitted is good until August 15, 2021. 30. This GMP 3 Proposal is based on the assumption that materials and equipment are from the applicable suppliers/manufacturer’s standard selections and configurations, unless expressly noted otherwise in the Drawings or Specifications. 31. Sole-Sourcing. All Project components and third-party services to be furnished by Skanska are assumed to be nonproprietary and available from multiple sources. In the event of any component or third-party service is specified on a sole-source basis, this GMP 3 Proposal assumes that Skanska’s liability arising out of the performance by the sole-source subcontractor or supplier shall be limited to and in no event exceed the liability assumed by any such sole-source subcontractor or supplier in connection with the Project. 32. Specified Performance Criteria. Any manufacturers referenced in the Specifications are for basis of design only and shall not preclude Skanska from offering an “or equal” manufacturer. If the Design Team specifies “performance criteria” for any components to be included in the Project, Skanska assumes that the named component manufacturer(s) are deemed to comply with all specified performance criteria and that Skanska shall only be obligated to demonstrate that a proposed “or equal” component complies with the specified performance criteria. Page 12 of 26 2 - Basis of Guaranteed Maximum Price Imagine Clearwater Guaranteed Maximum Price (GMP 3) Flatwork & Vertical Construction June 28, 2021 33. Special warranties, certifications and other requirements that exceed manufacturer standard warranties, and implied warranties, are all excluded except to the extent expressly specified in the Contract Documents. 34. All warranties included in the Contract Documents that survive beyond Skanska's one year repair/replacement obligation time period set forth in the Contract shall be assigned to Owner following the expiration of such one year time period. Thereafter, Skanska’s sole obligation and Owner’s exclusive remedy shall be for Skanska to reasonably assist the Owner in enforcing such warranties provided by Subcontractors. 35. If contractual terms and conditions are included in the Division 1 specifications or other sections of the Specifications provided by the Design Team, such terms and conditions shall be inapplicable and only the terms and conditions set forth in the Contract and/or this GMP 3 Proposal shall apply. Skanska GMP 3 specifically excludes all Division 1 specifications issued by the Design Team. 36. This GMP 3 Proposal is based on the assumption that the Drawings and Specifications prepared by the Design Team comply in all respects with all applicable building code requirements, applicable laws, and the programming, aesthetic, quality and other Project requirements prescribed by Owner orally or in its existing standards, guidelines or Project-specific documents as well as City development standards and codes such as by example, the Downtown Development Code. 37. All Owner-furnished material and equipment, and any related required submittals and/or design information, shall be furnished and installed by or on behalf of Owner in accordance with the Project Schedule. As part of its obligations, Owner shall provide detailed design, location, dimension, sizing and other technical information detailing all required rough-in and final connections to the Owner- furnished equipment. All Owner-furnished equipment and final connections shall be coordinated to the rough-ins provided by Skanska. 38. This GMP 3 Proposal is based on the assumption that “time is of the essence” or similar provisions in the Contract, if any, shall only apply to Substantial Completion of all Work and/or specified milestone dates mutually agreed upon by Owner and Skanska in GMP 3 Section 1 Table 1-1. 39. This GMP 3 Proposal is based on the assumption that, outside of City ordinances, (i) there are no applicable limits, restrictions or constraints on work hours, noise generation and/or vibration generation with respect to Skanska’s performance of the Work on the Project site, and (ii) only customary limits, restrictions and constraints consistent with industry standards apply. 40. This GMP 3 Proposal excludes costs and/or schedule impacts arising from or in any way related to (i) handling, removing, and/or abating any hazardous wastes/materials, (ii) handling, removing, and/or abating any contaminated groundwater, and (iii) any unforeseen conditions at the Project site or in connection with the performance of the Work. If hazardous or contaminated materials are identified during construction Skanska will notify Owner immediately for Owner’s investigation, survey and determination of plan for handling and removal by the City of Clearwater. Page 13 of 26 2 - Basis of Guaranteed Maximum Price Imagine Clearwater Guaranteed Maximum Price (GMP 3) Flatwork & Vertical Construction June 28, 2021 41. Contractor Controlled Insurance Program. Skanska will furnish and directly or indirectly administer a Contractor Controlled Insurance Program ("CCIP") providing for General Liability, Worker’s Compensation and Excess/Umbrella coverage required to be furnished by Skanska and its Subcontractors and Sub-subcontractors under the Contract. The CCIP shall only cover and apply to on-site exposures for participants enrolled in the CCIP. Invoicing by Skanska for furnishing the CCIP will be as set forth below. The cost of CCIP will be added to all Change Orders though final completion. Skanska and all Subcontractors and Sub-subcontractors that perform any part of the Work on the Project site are expected to be covered, excluding Subcontractors/Sub-subcontractors performing or supplying architectural or engineering services, waste management/hauling services, temporary toilets, field offices and related incidental services/supplies, surveying, materials testing, elevators, structural demolition and/or abatement, if any. Owner’s separate contractors and the Design Team and other professionals of any tier retained by the Owner or Design Team shall not be enrolled in or covered by the CCIP. The Owner is required to obtain insurance similar in scope and coverage limits as required from Skanska from those unenrolled/uncovered parties and to require from those parties that Skanska is listed as an Additional Insured on all of applicable policies. 42. Invoicing for Insurance and Bonds. Premiums for insurance and bonds are part of the Cost of the Work and shall be paid by Owner to Skanska as set forth below. The entire estimated value of all such insurance and bond costs shall be included in and paid by Owner as part of Skanska’s first monthly Application for Payment after execution of the GMP 3 Amendment and after execution of each Change Order increasing such insurance and bond costs. Premium for Bonds and Insurance. Premiums for bonds and insurance will be provided at the rates specified in this section. Owner acknowledges that all specified rates have all been negotiated, will be charged by Skanska under the Contract and are auditable only to determine the proper application of the rates under the Contract and not the composition of such rates. 1) Subcontractor Default Insurance (“SDI”) at the rate of 1.42% multiplied by the actual Cost of the Work & Contingency. 2) Subcontractor Performance and Payment Bonds at actual cost invoiced by Subcontractor’s surety for Subcontractors that do not prequalify for enrollment in SDI. 3) Contractor Controlled Insurance Program (“CCIP”) at the rate of 2.58% multiplied by the approved GMP 3 amount. Thereafter the CCIP rate will be added to and included in the cost of any Change Orders that increase the value of the GMP 3. 43. Skanska Performance and Payment Bonds (P & P Bonds) at the rate of .41% multiplied by the approved GMP 3 amount. Thereafter the P&P Bonds rate will be added to and included in the cost of any Change Orders that increase the value of the GMP 3. Page 14 of 26 2 - Basis of Guaranteed Maximum Price Imagine Clearwater Guaranteed Maximum Price (GMP 3) Flatwork & Vertical Construction June 28, 2021 44. Review of Skanska Insurance Policies. Skanska assumes that the furnishing of a Certificate of Insurance will demonstrate that Skanska has obtained insurance compliant with its obligations under the Contract. This insurance is provided through the Skanska’s proprietary corporate insurance program and if Owner wants to review such insurance policies, Skanska will afford the Owner an opportunity to do so at a time and place mutually agreed upon with Skanska’s Vice President, Insurance and Surety. If Owner requires Skanska to furnish a copy of any such policy, to avoid disclosure of proprietary information Skanska must purchase a Project-specific policy at additional cost that excluded from the GMP 3. 45. Owner Direct Purchase Program. Skanska acknowledges that Owner is implementing a direct purchase program pursuant to Florida Statute Section 212.08(6) to avoid sales tax on materials incorporated into the Project (the “ODP Program”). Owner acknowledges and agrees that (i) all deductive change orders issued by Skanska to its Subcontractors participating in the ODP Program and corresponding deductive Change Orders issued by Owner to Skanska under the ODP Program (collectively the “ODP Change Orders”) include the costs of materials and the applicable Florida state sales tax, (ii) the value of the ODP Change Orders will be based on estimated quantities and costs, except when the ODP Change Order expressly involves the purchase of a single item with a predetermined fixed value, and (iii) the actual costs incurred for materials under the ODP Program will be reconciled with the estimated costs and if the aggregate cost actually incurred by Owner to purchase the materials is less than the value of the ODP Change Order minus applicable sales tax (the “Underrun”), then Owner will issue to Skanska an additive Change Order in the amount of the Underrun plus the applicable sales tax on such Underrun value, and Skanska will issue a corresponding additive change order to the applicable Subcontractor. Table 2-3 presents an illustration of the foregoing calculation. Skanska reserves the right to exclude participation in the direct material purchase program in order to mitigate escalation premiums beyond August 15, 2021. 46. General Conditions Section 6.5 – Skanska wishes to clarify its understanding that the indemnification requirements of this section applies to third party claims of adjacent property owners or occupants. 47. General Conditions Section 6.6 – the GMP 3 Proposal is submitted based on the understanding that this section does not apply to material or equipment specified by the design, unless Skanska or the subs knew or should have known of the obligation to purchase a license. Page 15 of 26 2 - Basis of Guaranteed Maximum Price Imagine Clearwater Guaranteed Maximum Price (GMP 3) Flatwork & Vertical Construction June 28, 2021 48. GMP 3 (Flatwork and Vertical Construction) is based on and includes the following additional documents: 1) The Package Specific Assumptions and Clarifications dated June 28, 2021 2) Document Log dated June 28, 2021 3) Owner, Contractor Responsibility Matrix (Site Work) dated June 28, 2021 4) Site Work Schedule with Data Date June 10, 2021 5) Bid Documents for Site Work dated March 29, 2021 and as amended by Addendum 1-4 49. GMP 3 excludes any site security beyond the temporary fencing and gates. 50. GMP 3 does not anticipate any conflicts between the Work and any existing seawall tie backs or deadmen as the design does not indicate any as existing and has not anticipated any on the documents. 51. GMP 3 excludes any project webcam. 52. Alternate pricing is good until August 15, 2021 and relies on a Notice to Proceed by July 22, 2021. 53. Skanska has included an allowance for materials testing to be used for (GMP 3 Limited Scope) and includes the following (excludes threshold testing and inspections): 1) Soil Compaction 2) Deep Foundations 3) Concrete 4) Masonry 5) Steel 6) Fireproofing 54. The buyout of bid packages will be performed in compliance with the Contract with the understanding that Skanska will conduct post-bid interviews and that all bids will be reviewed and leveled by Skanska before the lowest responsive proposal is accepted. Page 16 of 26 2 - Basis of Guaranteed Maximum Price Imagine Clearwater Guaranteed Maximum Price (GMP 3) Flatwork & Vertical Construction June 28, 2021 55. GMP 3 does not account for permit set drawing changes unless those changes were clouded and labeled on the sheets with the Addendum Nos. 3 & 4 tag with a revision Date. GMP 3 includes allowances for costs associated with multiple issuances of the permit drawings that were received by Skanska after the bid date and prior to GMP 3 delivery. Due to the quantity of drawings received with no breakout for only revised Addendum 4 documents, and permit drawings being issued in multiple revisions / deliveries Skanska has assigned allowances to cover costs that have been identified associated with Addendum 4 documents that were received and identified too late in the process to be priced by bidders prior to GMP 3 assembly. Skanska has reconciled the drawings received from Stantec and identified those drawings that we believe represent changes captured in Addendum 4 and those final costs will be reconciled. A final reconciliation of those costs associated with Addendum 4 documents is in process and will be an adjustment to the Owner Allowance. 56. GMP 3 includes an allowance for amphitheater seating below canopy per accepted Alternate No. 30. 57. GMP 3 includes an allowance for solar panels at the buildings as per accepted Alternate No. 29. 58. GMP 3 excludes permit review comment changes and potential impacts. 59. GMP 3 excludes Addendum 5 sheets provided for permit review comments prior to formal issuance of Addendum 5. 60. GMP 3 assumes payment for stored materials on and off-site will be made, pricing is contingent on payment of stored materials. GMP 3 anticipates monthly progress billings for delegated design engineering. 61. GMP 3 assumes that Skanska will be able to bill for deposit payments for material including but not limited to:  Mill Order Steel and Fabrication  Playground Equipment & Surfacing  Elevators  Theater Stage Equipment  Picnic Pavilions (if incorporated via accepted alternate) Page 17 of 26 2 - Basis of Guaranteed Maximum Price Imagine Clearwater Guaranteed Maximum Price (GMP 3) Flatwork & Vertical Construction June 28, 2021 Allowances Cost allowances have been established for certain items, as outlined below. These allowances are intended to provide compensation for all direct costs associated with each of these items including, without limitation, materials, equipment, labor, taxes, fees, etc. 1. Secondary concrete pour @ Bandshell curved stair to the rooftop terrace (03A) $ 20,000 2. Early purchase & storage of reinforcing steel & formwork material (03A) $ 20,000 3. Early purchase & storage of reinforcing steel & formwork material (03G) $ 35,000 4. New Artwork foundations (Item 9.9 from Hardscape Plans) (03H) $ 15,000 5. Anticipated escalation allowance to hold masonry rebar pricing up to 8/25/21 (04A) $ 3,300 6. Anticipated escalation allowance to hold structural steel pricing up to 8/25/21 (05A) $ 65,000 7. Barn Door & Hardware (05C) $ 73,168 8. Anticipated escalation allowance to hold decorative metals pricing up to 8/25/21 (05C) $ 40,188 9. Anticipated escalation allowance to hold torchiers pricing up to 8/25/21 (05D) $ 46,700 10. Anticipated escalation allowance to hold waterproofing & caulking materials pricing up to 8/25/21 (07A) $ 3,300 11. Early purchase & storage of roofing materials (07B) $ 8,400 12. Early purchase & storage of hollow metal door materials (08A) $ 3,000 13. Allowance for 3rd Party Inspections of Door & Frame assemblies per 08 11 13 (08A) $ 3,500 14. Anticipated escalation allowance to hold glass systems pricing up to 8/25/21 (08C) $ 31,219 15. Anticipated escalation allowance to hold overhead doors pricing up to 8/25/21 (08F) $ 500 16. Anticipated escalation allowance to hold drywall & framing pricing up to 8/25/21 (09A) $ 25,000 17. Mechanical equipment enclosure & louvers @ Bandshell (09B) $ 149,385 18. Anticipated escalation allowance to hold tile pricing up to 8/25/21 (09C) $ 15,000 19. Anticipated escalation allowance to hold carpet & resilient pricing up to 8/25/21 (09E) $ 7,000 20. Anticipated escalation allowance to hold signage pricing up to 8/25/21 (10B) $ 2,200 Page 18 of 26 2 - Basis of Guaranteed Maximum Price Imagine Clearwater Guaranteed Maximum Price (GMP 3) Flatwork & Vertical Construction June 28, 2021 21. Anticipated escalation allowance to hold aluminum walkway canopy pricing up to 8/25/21 (10H) $ 8,700 22. Anticipated escalation allowance to hold monument & wayfinding sign pricing up to 8/25/21 (10J) $ 27,181 23. Anticipated escalation allowance to hold loading dock equipment pricing up to 8/25/21 (11D) $ 2,800 24. Anticipated escalation allowance to hold theater rigging & curtains pricing up to 8/25/21 (11F) $ 28,100 25. Fiberglass Reinforced Plaster Grate (Item 1.6B) @ IWF (Addendum 4 revs) (13E) $ 15,000 26. Anticipated escalation allowance to hold HVAC pricing up to 8/25/21 (23A) $ 22,400 27. Allowance for security camera infrastructure (26A) $ 75,000 28. Cove lights, linear wall washers & RGBW film lights in the Bandshell Multipurpose Room (26A) $ 30,000 29. LED Light Sheet at the Bandshell Multipurpose Room (26A) $ 15,000 30. Two (2) conduits with multi-mode fiber cable to each Wayfinding sign 1 (26A) $ 100,000 31. Post mounted receptacles at vendor tents (per addendum 4 revisions) (26A) $ 15,000 32. CRP, PV and EP theatrical box/conduit (26A) $ 93,194 33. AV Allowance (26A) $ 1,000,000 34. Additional tree barricades and root pruning (per addendum 4 revisions) (31A) $ 25,000 35. Allowance for revised site fences and gates including eliminated chain-link fencing (per addendum 4 revisions) (32A) $ 140,000 36. Irrigation revisions (per addendum 4 revisions) (32C) $ 5,000 37. Allowance for Solar panels @ Buildings (Accepted Alternate 29) $ 250,000 38. Allowance for Moveable Seating (Accepted Alternate 30) $ 1,300,000 39. Allowance for Installation Only of Owner Furnished Underground Trash / Recycling Receptacles & Precast Boxes (Accepted Alternate 31) $ 650,000 Page 19 of 26 2 - Basis of Guaranteed Maximum Price Imagine Clearwater Guaranteed Maximum Price (GMP 3) Flatwork & Vertical Construction June 28, 2021 Schedule See attached Page 20 of 26 Activity IDActivity NameRemainingDurationStartFinishImagine Clearwater_CURRENTImagine Clearwater_CURRENT505d20-Aug-19 A17-May-23Coachman Park RenovationCoachman Park Renovation505d20-Aug-19 A17-May-23MilestonesMilestones498d18-Jun-20 A17-May-23MIL-003Library 95% CD / VE Approval By City Council0d18-Jun-20 AMIL-006Park DD Estimate Issue To City0d18-Jun-20 AMIL-020Park/Bandshell 100% DD Set Issue0d30-Sep-20 AMIL-021Park/Bandshell 100% CD Set Issue0d29-Mar-21 AMIL-026Notice To Proceed - GMP 2 Site, Demo, Fencing, Earthwork, Utilities0d27-Apr-21 AMIL-027CLOMR Wall Final Design / Permit Issue0d04-May-21 AMIL-030GMP 2 ERP Sitework Permit Issue0d18-Jun-21MIL-025Start Of Construction - Early Release Package GMP 20d21-Jun-21MIL-007Park/Bandshell 100% CD FINAL GMP 3 Issue To City0d28-Jun-21MIL-022GMP 3 Park/Bandshell Building Permit Issue0d08-Jul-21MIL-023Park/Bandshell GMP City Council Approval0d15-Jul-21MIL-009Notice To Proceed - GMP 3 Park/Bandshell0d22-Jul-21MIL-024Site Demolition Complete0d20-Sep-21MIL-019Force Main EOR Approval (In-Service)0d24-Sep-21MIL-032Duke Energy Primary Power Scope Complete0d05-Nov-21MIL-016New Sanitary System In Service0d26-Nov-21MIL-028Bandshell Structure Start0d29-Nov-21MIL-031GMP 2 Utilities Complete0d10-Mar-22*MIL-015Substantial Completion - Park/Bandshell0d17-May-23*DesignDesign0d20-Aug-19 A29-Mar-21 APermittingPermitting20d05-Oct-20 A08-Jul-21Pre-ConstructionPre-Construction31d02-Dec-19 A22-Jul-21ProcurementProcurement245d28-Apr-21 A26-May-22ConstructionConstruction458d24-May-21 A13-Mar-23Overall SiteOverall Site25d24-May-21 A19-Jul-21Duke Energy Scope Of WorkDuke Energy Scope Of Work75d22-Jul-2105-Nov-21Pierce Street Parking AreaPierce Street Parking Area446d09-Jun-21 A13-Mar-23Lake & Play AreaLake & Play Area431d01-Jun-21 A01-Mar-23Gateway & Cleveland Street Drop Off AreaGateway & Cleveland Street Drop Off Area414d26-Jul-2123-Feb-23The Green & Lower Plaza AreaThe Green & Lower Plaza Area362d20-Jul-2120-Dec-22Bandshell & Event AreaBandshell & Event Area448d01-Jun-21 A01-Mar-23DemolitionDemolition64d01-Jun-21 A13-Sep-21New UtilitiesNew Utilities256d15-Jul-2118-Jul-22CLOMR WallCLOMR Wall45d23-Sep-2126-Nov-21Bandshell CanopyBandshell Canopy261d29-Nov-2106-Dec-22Bandshell BuildingBandshell Building280d26-Jan-2201-Mar-23Event RestroomEvent Restroom201d15-Apr-2220-Jan-23Hardscape / LandscapeHardscape / Landscape306d27-Sep-2108-Dec-22BoathouseBoathouse30d27-Jan-2209-Mar-22North Bluff Walk AreaNorth Bluff Walk Area193d30-Aug-2102-Jun-22Project CloseoutProject Closeout323d11-Feb-2217-May-23AprMayJunJulAugSepOctNovDecJanFebMarAprMayJunJulAugSepOctNovDecJanFebMarAprMayJunJulAug20212022202317-May-23, Im17-May-23, Co17-May-23, MiLibrary 95% CD / VE Approval By City CouncilPark/Bandshell 100% DD Set IssuePark/Bandshell 100% CD Set IssueNotice To Proceed - GMP 2 Site, Demo, Fencing, Earthwork, UtilitiesCLOMR Wall Final Design / Permit IssueGMP 2 ERP Sitework Permit IssueStart Of Construction - Early Release Package GMP 2Park/Bandshell 100% CD FINAL GMP 3 Issue To CityGMP 3 Park/Bandshell Building Permit IssuePark/Bandshell GMP City Council ApprovalNotice To Proceed - GMP 3 Park/BandshellSite Demolition CompleteForce Main EOR Approval (In-Service)Duke Energy Primary Power Scope CompleteNew Sanitary System In ServiceBandshell Structure StartGMP 2 Utilities CompleteSubstantial Co29-Mar-21 A, Design08-Jul-21, Permitting22-Jul-21, Pre-Construction26-May-22, Procurement13-Mar-23, Construction19-Jul-21, Overall Site05-Nov-21, Duke Energy Scope Of Work13-Mar-23, Pierce Stree01-Mar-23, Lake & Play A23-Feb-23, Gateway & Cle20-Dec-22, The Green & Lower Plaz01-Mar-23, Bandshell & E13-Sep-21, Demolition18-Jul-22, New Utilities26-Nov-21, CLOMR Wall06-Dec-22, Bandshell Canopy01-Mar-23, Bandshell Bui20-Jan-23, Event Restroom08-Dec-22, Hardscape / Landscape09-Mar-22, Boathouse02-Jun-22, North Bluff Walk Area17-May-23, PrImagine Clearwater_CURRENTSummary ScheduleData Date: 10-Jun-21 Date Printed: 10-Jun-21Remaining Level of EffortActual Level of EffortActual WorkRemaining WorkCritical Remaining WorkMilestoneSummaryPage 1 of 1Page 21 of 26 2 - Basis of Guaranteed Maximum Price Imagine Clearwater Guaranteed Maximum Price (GMP 3) Flatwork & Vertical Construction June 28, 2021 Logistics Plan See attached Page 22 of 26 DATED 6/5/21 Page 23 of 26 DATED 6/5/21 Page 24 of 26 DATED 6/5/21 Page 25 of 26 DATED 6/5/21 Page 26 of 26 Skanska USA Building Inc.usa.skanska.com 4030 Boy Scout Blvd.Suite 200Tampa, FL 33607Phone 813.282.7100 Solar Array Production Memo To: Kathleen Herrington From: Sam Lane Project: 215614389 Date: July 6, 2021 Reference: Imagine Clearwater – Solar Array Production An annual production study was performed for a solar photovoltaic (PV) array on the Imagine Clearwater project in Clearwater, Florida to estimate available generation potential. Design and analysis were completed using HelioScope, a web-based photovoltaic design software. All prices are based on current market prices, without taking any potential future increases and/or escalations into account. Cost shown do not include Stantec design cost or Skanska fees. AVAILABLE GENERATION AREAS Various roof surface areas were identified for potential generation installations. Figure 1 illustrates the roof areas available for solar PV installations: Figure 1 - Available roof areas for solar PV Figures 2, 3, and 4 illustrate the simulated solar module layout for each building. Panels were placed to optimize between south exposure and number of panels accommodated within the available area. The July 6, 2021 Kathleen Herrington Page 2 of 6 Reference: Imagine Clearwater – Solar Array Production selection of solar modules was based on a provided quote from Brilliant Harvest LLC, using 390W Trina Solar Bifacial Solar Panels, and inverters were assumed to be SolarEdge SE100K-US (480V) for the larger installations and Aeconversion 208V for the smaller installations. The potential installations are roof-mounted, fixed-tilt racking, and considers potential shading from the nearby overpass. A 4-ft setback was considered for solar installation on the buildings to account for maintenance clearance, with the exception of the picnic structures. Depending on the date of procurement, panels with higher generation capacity may be available. Figure 2 - Bandshell facility and event restrooms module layout July 6, 2021 Kathleen Herrington Page 3 of 6 Reference: Imagine Clearwater – Solar Array Production Figure 3 - Dockmaster's Office and IWF restrooms module layout Figure 4 - Picnic structures module layout July 6, 2021 Kathleen Herrington Page 4 of 6 Reference: Imagine Clearwater – Solar Array Production GENERATION POTENTIAL AND ANALYSIS Separate annual production studies were performed for each roof area to determine annual generation potential. Table 1 presents the potential solar PV array generation capacity as well as estimated capital cost, payback period, and annual facility energy coverage. Table 1 - Solar generation potential and metrics Building Number of Panels Generation Capacity [kW] Annual Generation [kWh] Annual Energy Cost Savings System Capital Cost Payback Period [years] Total Annual Facility Energy Coverage Bandshell Facility 211 82.3 140,002 $ 12,270 $ 164,600 13.4 1.0% Event Restrooms 34 13.3 22,624 $ 1,983 $ 26,600 13.4 0.2% Dockmaster's Office 20 7.8 10,894 $ 955 $ 15,600 16.3 0.1% IWF Restrooms 2 0.78 1,044 $ 91 $ 1,560 17.0 0.0% Picnic North 6 2.34 2,864 $ 251 $ 4,680 18.6 0.0% Picnic South 6 2.34 2,768 $ 243 $ 4,680 19.3 0.0% The results presented in Table 1 are based on the following assumptions: • The cost of offset electricity is $0.0874/kWh, based on the Duke Energy GS-1 combined energy and demand charge for non-residential customers, published April 2021 • System capital cost is based on an installed cost of $2/watt. This is a conservative estimate – two quotes from Brilliant Harvest LLC suggested a cost of $1.69/watt and $1.82/watt. • Payback period in years is determined by the following formula: 𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃 𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃 (𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑦𝑦)= 𝑆𝑆𝑃𝑃𝑦𝑦𝑆𝑆𝑃𝑃𝑆𝑆 𝐶𝐶𝑃𝑃𝐶𝐶𝑃𝑃𝑆𝑆𝑃𝑃𝐶𝐶 𝐶𝐶𝑃𝑃𝑦𝑦𝑆𝑆 [$]𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝑃𝑃𝐶𝐶 𝐸𝐸𝐴𝐴𝑃𝑃𝑃𝑃𝐸𝐸𝑃𝑃 𝐶𝐶𝑃𝑃𝑦𝑦𝑆𝑆 𝑆𝑆𝑃𝑃𝑆𝑆𝑃𝑃𝐴𝐴𝐸𝐸𝑦𝑦 [$/𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃] • Total annual facility energy coverage is based on an estimated facility energy use of 13,871 MWh per year (estimated from provided building loads and a run-time of 12 hours per day, 7 days per week). The total annual facility energy coverage is determined by the following formula: 𝑇𝑇𝑃𝑃𝑆𝑆𝑃𝑃𝐶𝐶 𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝑃𝑃𝐶𝐶 𝐹𝐹𝑃𝑃𝑃𝑃𝑃𝑃𝐶𝐶𝑃𝑃𝑆𝑆𝑃𝑃 𝐸𝐸𝐴𝐴𝑃𝑃𝑃𝑃𝐸𝐸𝑃𝑃 𝐶𝐶𝑃𝑃𝑆𝑆𝑃𝑃𝑃𝑃𝑃𝑃𝐸𝐸𝑃𝑃 (%)= 𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝑃𝑃𝐶𝐶 𝐺𝐺𝑃𝑃𝐴𝐴𝑃𝑃𝑃𝑃𝑃𝑃𝑆𝑆𝑃𝑃𝑃𝑃𝐴𝐴 𝑓𝑓𝑃𝑃𝑃𝑃𝑆𝑆 𝐼𝐼𝐴𝐴𝑦𝑦𝑆𝑆𝑃𝑃𝐶𝐶𝐶𝐶𝑃𝑃𝑆𝑆𝑃𝑃𝑃𝑃𝐴𝐴 [𝑃𝑃𝑘𝑘ℎ]13,871,460 [𝑃𝑃𝑘𝑘ℎ] July 6, 2021 Kathleen Herrington Page 5 of 6 Reference: Imagine Clearwater – Solar Array Production The Helioscope output of the available roof areas and potential solar coverage with number of modules and power is as follows: Table 2 - Helioscope summary of roof areas and potential system size July 6, 2021 Kathleen Herrington Page 6 of 6 Reference: Imagine Clearwater – Solar Array Production NET METERING Local jurisdictions sometimes place a maximum cap on photovoltaic system size tied to the grid. Duke Energy does not appear to have a net metering system size cap. Duke Energy allows net metering in Florida. Based on the estimated system size of ~109 kW, the project would fall into a Tier 3 net metering contract: • Tier 1 Generating Facilities are less than or equal to 10 kilowatts (kW) • Tier 2 Generating Facilities are between 10 kW and 100 kW • Tier 3 Generating Facilities are between 100kW and 2000kW APPLICATION COST Tier 2 and 3 projects require application fees and insurance coverage as follows: Stantec Consulting Ltd. Sam Lane P.Eng. CPHD LEED AP BD+C O+M Associate, Building Performance Engineer Mobile: 403-473-1230 Samantha.Lane@stantec.com Krystel Pe Benito E.I.T., E.M.I.T., LEED Green Associate Energy Simulation Specialist Phone: 403-716-8187 Krystel.PeBenito@stantec.com DREW ST PIERCE ST CLEVELAND ST N OSCEOLA AVE MEMORI ALCSWYS OSCEOLA AVE LAURA ST LOCATION MAP ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com JB CC N.T.S.286B 16-29s-15e11/27/2019Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: Imagine Clearwater Boundary Document Path: C:\Users\james.benwell\City of Clearwater\Engineering Geographic Technology - Location Maps\ImagineClearwaterBoundary.mxd Previous per One-on-one's Current Penny III and IV 13,000,000$ 13,000,000$ General Fund 3,688,635$ 3,813,129$ Other Funds 1,028,194$ 1,028,194$ Additional Penny IV Allocation 6,500,000$ 6,500,000$ Additional Penny IV Allocation - Sand Key Bridge 22,000,000$ 22,000,000$ Approved Bonds - not to exceed 30,000,000$ 30,000,000$ Future funding from other funds 576,096$ Total Revenues 76,216,829$ 76,917,419$ Remaining budget 39,116,466$ 39,342,312$ To-Date Expended & Encumbered 25,434,134$ 25,208,288$ Total before Cost Overruns & Potential Adds 64,550,600$ 64,550,600$ Cost Overruns per Skanska cost estimate 11/23/2020 3,328,828$ 3,328,828$ Additions - GMP 6,478,038$ 4,660,727$ Additions - Solar Panels 217,720$ 250,000$ Additions - Non-GMP 1,817,311$ Paid for by Other Funds 576,096$ Contingency - Non-GMP -$ 1,000,000$ Remaining cost overruns per current GMP#3 after Additions above 7,788,383$ Estimate for impact of commodity prices 15,000,000$ -$ Estimated Total 89,575,186$ 83,971,945$ Project Funding Deficit (13,358,357)$ (7,054,526)$ Appraised Value of Developable Parcels 23,500,000$ 23,500,000$ Tourist Development Council Cooperative Funding TBD TBD Addt'l Reallocation of Penny IV TBD TBD Internal Interfund Loan TBD 7,054,526$ Imagine Clearwater Funding Summary - July 2021 Actual and Projected Funding Actual and Projected Expenditures Other Possible Revenue Sources to Eliminate Deficit 19.'- I 7Ts^ T3, fit• " 14771.443. 98 i.i I HAJ9:33E..'. rk tit. , Lc ?04 CaII, Rosemarie From: Anne Fogarty France <annejfrance@gmail.com> Sent: Thursday, July 15, 2021 10:39 AM To: Call, Rosemarie Subject: Fwd: Tonight's Vote on Imagine Clearwater 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. Hi Rose! Could you please read this into the record tonight during citizen input for the Imagine Clearwater item? Thank you, Anne Forwarded message From: Anne Fogarty France <anneifrance@gmail.com> Date: Thu, Jul 15, 2021 at 10:32 AM Subject: Tonight's Vote on Imagine Clearwater To: <Tammy.Cummings@myclearwater.com> Tammy, Please provide this message to the Mayor and City Councilmembers prior to tonight's meeting. Thank you. Dear Mayor and City Councilmembers, As the former Downtown Manager for the Community Redevelopment Agency (CRA), I thank you for having the forethought to approve the closing of two blocks of Cleveland Street for outdoor dining. In doing this you helped downtown business owners and their families, downtown employees and local residents during an unprecedented time. When I see firsthand the liveliness of the street for those enjoying their meals with family and friends on Cleveland Street, it adds to the whole experience for those who visit. It's what many downtown advocates dreamed of. Many people, myself included, worked hard trying to make downtown a destination, a place for families of all income brackets and a place for future generations to enjoy. Imagine Clearwater will be that destination and will be a top-of-the-line park to be proud of. Keeping the street closed to traffic as a pedestrian area could enhance the look and feel of the Imagine Clearwater project. Attracting people to the restaurants and shops furthers the goals of the Downtown Redevelopment Plan. Additionally, the future redevelopment of surrounding properties will increase the taxable value for the CRA and city. I'm excited for what Imagine Clearwater will do for the City of Clearwater and the Tampa Bay region. After too many years and too many plans this council can make a difference with the approval of Imagine Clearwater as presented to you. I urge you to make this part of your legacy as a council and approve Imagine Clearwater. Sincerely, Anne Fogarty France 2 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 21-28 Agenda Date: 7/15/2021 Status: City Manager ReportVersion: 1 File Type: ResolutionIn Control: Legal Department Agenda Number: 10.5 SUBJECT/RECOMMENDATION: Confirm the Declaration of a State of Emergency due to conditions surrounding Tropical Storm Elsa and adopt Resolution 21-28. SUMMARY: The entire City of Clearwater was threatened by the wind and rain and disruption of services and coastal areas are threatened by storm surge attendant to the arrival of Tropical Storm Elsa. Mayor Frank Hibbard issued a Proclamation of a State of Emergency on July 4, 2021. Section 15.07(2) of the Code of Ordinances requires the City Council to confirm a Declaration of a State of Emergency at the next regularly scheduled meeting. APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 7/14/2021 [GM21-9217-008/272781/1] Resolution No. 21-28 RESOLUTION NO. 21-28 A RESOLUTION OF THE CITY OF THE CITY OF CLEARWATER, FLORIDA, CONFIRMING A DECLARATION OF A STATE OF EMERGENCY AND ESTABLISHING EMERGENCY PROCUREMENT PROCEDURES; ESTABLISHING EMERGENCY EMPLOYEE WORK SCHEDULES; PROVIDING AN EFFECTIVE DATE. WHEREAS, a state of emergency in the City of Clearwater was proclaimed by Frank Hibbard, Mayor, on July 4, 2021 based on conditions surrounding Tropical Storm Elsa; and WHEREAS, the entire City of Clearwater is threatened by the wind and rain and attendant disruption of services and coastal areas are threatened by storm surge attendant to the arrival of Tropical Storm Elsa; and WHEREAS, conditions arising from the above-stated emergency have necessitated the establishment of emergency procurement procedures; and WHEREAS, conditions arising from the above-stated emergency have necessitated the establishment of emergency employee work schedules and compensation; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA; Section 1. A declaration of a state of emergency proclaimed on July 4, 2021, is hereby confirmed. Section 2. It was necessary to establish the following emergency procurement procedures:  The bid/quote requirements were suspended;  Awards of contract for specified department directors were increased from $25,000 to $50,000;  The City Manager and Assistant City Manager were authorized to award contracts without bid through $100,000;  The City Manager had emergency authority above $100,000, but must present an after action ratification item to the City Council for approval at the next available Council Meeting;  Purchasing card dollar limits for single and monthly transactions and their usage (number of transactions) were increased to as much as $100,000/transaction and $500,000/month for personnel specifically approved by the City Manager; and [GM21-9217-008/272781/1] Resolution No. 21-28  Department directors involved in emergency and public services and other selected personnel were increased to a "reasonable" amount with the top limits reserved for the City Manager and Assistant City Manager only. Section 3. It was necessary to implement emergency employee work schedules and compensation in accordance with established city policy and procedure as deemed appropriate by the City Manager. Section 4. This resolution shall be effective and shall terminate concurrently with the Pinellas County declaration of a State of Emergency. PASSED AND ADOPTED this 15th day of July, 2021. Attest: ___________________________ ________________________________ Rosemarie Call, City Clerk Frank Hibbard, 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: ID#21-9418 Agenda Date: 7/15/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Council Work Session Agenda Number: 10.6 SUBJECT/RECOMMENDATION: Continued closure of Cleveland Street - Mike Lavery SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 7/14/2021 4 - tio,( 1 obs)... T3A r+_. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9379 Agenda Date: 7/15/2021 Status: Other CouncilVersion: 1 File Type: Council Discussion Item In Control: Council Work Session Agenda Number: 12.1 SUBJECT/RECOMMENDATION: PSTA/Forward Pinellas Update - Councilmember Allbritton SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 7/14/2021