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08/05/2021Thursday, August 5, 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 August 5, 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 (August 4) 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 Diversity Leadership Council Poster Contest 5. Approval of Minutes 5.1 Approve the minutes of the July 15, 2021 City Council Meeting as submitted in written summation by the City Clerk. 6. Citizens to be heard re items not on the agenda Page 2 City of Clearwater Printed on 8/4/2021 August 5, 2021City Council Meeting 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 Appoint Micah Maxwell as the Interim City Manager and set interim salary at 20%. (consent) 7.2 Approve Juneteenth as a city recognized holiday. (consent) 7.3 Authorize a purchase order to Keystone Excavators, Inc. of Oldsmar, FL for renovations of Belmont Park located at 1535 South Martin Luther King Jr. Avenue, for a guaranteed maximum price of $395,875.98 pursuant to Request for Qualifications (RFQ) 40-20, Construction Manager at Risk (CMAR) Services Continuing Contracts; transfer $150,000.00 from CIP C2002 - Ed Wright Park Renovations to CIP M1915 - Belmont Park Renovations and authorize the appropriate officials to execute same. (consent) 7.4 Approve a Sovereignty Submerged Lands Lease Renewal Agreement No. 520010893 between the City of Clearwater and Board of Trustees of the Internal Improvement Trust Fund of the State of Florida from April 1, 2021 through April 1, 2026 for the use of submerged land for Pier 60 and authorize the appropriate officials to execute same. (consent) 7.5 Authorize a purchase order to Himes Electric Company, Inc. of Lutz, Florida, for the renovations of the lighting system on the northeast (NE) multipurpose field at Countryside Sports Complex, in an amount not exceed $327,093.80 pursuant to Invitation to Bid (ITB) 21-0006-PR, Countryside Sports Complex Field Lighting - Phase II, and authorize the appropriate officials to execute same. (consent) 7.6 Approve an amendment to the sponsorship agreement between ESPN Productions, Inc. (EPI) and the City of Clearwater to host the third year of the agreement in February 2022 rather than 2021 and authorize the appropriate officials to execute same. (consent) Page 3 City of Clearwater Printed on 8/4/2021 August 5, 2021City Council Meeting Agenda 7.7 Approve the amended and restated Interlocal Agreement between the City of Clearwater and the Tampa Bay Estuary Program (TBEP) and authorize the appropriate officials to execute same. (consent) 7.8 Approve the conveyance of a 20-foot x 30-foot utility easement to Florida Gas Transmission Company, LLC, for the purpose of constructing and maintaining above ground and subsurface natural gas pipelines, valves and appurtenances at 3055 N McMullen Booth Road and authorize the appropriate officials to execute same. (consent) 7.9 Approve Parking Consultant of Record (PCOR) Professional Services Agreements, as listed, to provide continuing professional parking consultant services for a four-year term pursuant to Request for Qualifications (RFQ) 37-21 and authorize the appropriate officials to execute same. (consent) 7.10 Authorize the purchase of vehicles (heavy and light duty) and equipment as approved in the 21/22 Fiscal Year Budget for a not-to-exceed amount of $6,100,850.00, per the recommended contracts in accordance with Clearwater Code of Ordinances Section 2.563 (1)(c) Other Government Entities; authorize lease purchase under the City’s Master Lease Purchase Agreement, or internal financing via an inter fund loan from the Capital Improvement Fund, whichever is deemed to be in the City’s best interest; declare surplus and authorize to transfer to city departments, for disposal at auction, or trade-in vehicles and equipment being replaced in accordance with Clearwater Code of Ordinances Section 2.623; and authorize the appropriate officials to execute same. (consent) 7.11 Authorize a purchase order with WEX Bank of Portland, ME in an amount not-to-exceed $320,000.00 for fleet fuel card services for the term of October 1, 2021 through December 31, 2025 with a two-year optional extension in the amount of $150,000.00 in accordance with City Code of Ordinances, Section 2.563 (1)(c) Piggyback or cooperative purchasing and authorize the appropriate officials to execute same. (consent) 7.12 Authorize purchase orders to multiple vendors as listed, for the purchase of Heating, Ventilation and Air Conditioning (HVAC) replacement and repair parts, in the cumulative annual not-to-exceed amount of $700,000.00 for Fiscal Year 21/22, pursuant to City Code of Ordinances Sections 2.561(5)(a) Small purchases, 2.563 (1)(b) Micro purchases and 2.563(1)(c) Piggyback or cooperative purchasing, and authorize the appropriate officials to execute same. (consent) 7.13 Approve an Interlocal Agreement with Pinellas County, the City of St. Petersburg, and the City of Pinellas Park for the distribution of settlement funds from opioid litigation and authorize the appropriate officials to execute same. (consent) Page 4 City of Clearwater Printed on 8/4/2021 August 5, 2021City Council Meeting Agenda Public Hearings - Not before 6:00 PM 8. Second Readings - Public Hearing 8.1 Adopt Ordinance 9463-21 on second reading, annexing certain real properties 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 addition. 8.2 Adopt Ordinance 9464-21 on second reading, amending the future land use plan element of the Comprehensive Plan to designate the land use for certain real properties whose post office addresses are 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. 8.3 Adopt Ordinance 9465-21 on second reading, amending the Zoning Atlas of the city by zoning certain real properties 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). 8.4 Adopt Ordinance 9466-21 on second reading, annexing certain real property 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. 8.5 Adopt Ordinance 9467-21 on second reading, amending the future land use plan element of the Comprehensive Plan to designate the land use for certain real property whose post office address is 2248 NE Coachman Road, Clearwater, Florida 33765, upon annexation into the City of Clearwater, as Residential Urban (RU). 8.6 Adopt Ordinance 9468-21 on second reading, amending the Zoning Atlas of the city by zoning certain real property 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). 8.7 Adopt Ordinance 9437-21 on second reading, amending Ordinance 7515-05 as amended by Ordinance 7564-05, which established the Clearwater Cay Community Development District, by 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. Page 5 City of Clearwater Printed on 8/4/2021 August 5, 2021City Council Meeting Agenda 8.8 Adopt Ordinance 9472-21 on second reading, annexing certain real property 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. 8.9 Adopt Ordinance 9473-21 on second reading, amending the future land use plan element of the Comprehensive Plan to designate the land use for certain real property whose post office address 3467 Sweetwater Trail, Clearwater, Florida 33761, upon annexation into the City of Clearwater, as Residential Low (RL). 8.10 Adopt Ordinance 9474-21 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 3467 Sweetwater Trail, Clearwater, Florida 33761, upon annexation into the City of Clearwater, as Low Density Residential (LDR). 8.11 Adopt Ordinance 9477-21 on second reading, 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. 8.12 Continue to a date uncertain: Adopt Ordinance 9469-21 on second reading, annexing certain real property 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. 8.13 Continue to a date uncertain: Adopt Ordinance 9470-21 on second reading, amending the future land use plan element of the Comprehensive Plan to designate the land use for certain real property whose post office address is 1223 N. Hercules Avenue #A, Clearwater, Florida 33765, upon annexation into the City of Clearwater, as Industrial Limited (IL). 8.14 Continue to a date uncertain: Adopt Ordinance 9471-21 on second reading, amending the Zoning Atlas of the city by zoning certain real property 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). 9. City Manager Reports Page 6 City of Clearwater Printed on 8/4/2021 August 5, 2021City Council Meeting Agenda 9.1 Approve Clearwater Greenprint 2.0 and adopt Resolution 21-29. 9.2 Provide direction to determine if the City will exercise its right of first refusal (ROFR) to purchase non-city owned condominium units described as PUG, PUA, PUC and RUB of that certain commercial condominium commonly identified as North Beach Plaza Condominium located at 490 Poinsettia Avenue, Clearwater, Florida (collectively, the Property). 9.3 Accept a Sidewalk Easement from Giant Oil, Inc. for the repair, maintenance, and replacement of a sidewalk on real property located at 3009 Gulf to Bay Boulevard and adopt Resolution 21-27. 9.4 Authorize a Community Aesthetic Features Agreement between the City of Clearwater and the Florida Department of Transportation for a local identification marker (city logo) on a new pedestrian overpass at Harn Boulevard and US 19 and authorize the appropriate officials to execute same; repeal Resolution 19-11 and adopt Resolution 21-25. 9.5 Appoint one member to the Municipal Code Enforcement Board to fill the remainder of an unexpired term until October 31, 2022. 10. City Attorney Reports 11. Other Council Action 11.1 Ocean Allies/Amplify Clearwater Anti Litter Campaign Poster - Councilmember Beckman 12. Closing comments by Councilmembers (limited to 3 minutes) 13. Closing Comments by Mayor 14. Adjourn Page 7 City of Clearwater Printed on 8/4/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9221 Agenda Date: 8/5/2021 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: Diversity Leadership Council Poster Contest SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/4/2021 | 1 CITY OF CLEARWATER 2021 Diversity Leadership Council Poster Contest Age Group 5 - 8 3rd Place, Age 5-8: Samara Gonzalez, 8 “Rainbow Butterfly” 2nd Place, Age 5-8: Brody Holcomb, 8 “People working together to make a better place.” 1st Place, Age 5-8: Joselin Medina, 8 “We are all different.” Age Group 9 - 12 3rd Place, Age 9-12: Caelyn Anderson, 10 “Diverse Flowers” 2nd Place, Age 9 - 12: Deasia Gordon, 12 “All Lives Matter” 1st Place, Age 9-12: Zaynah Hussein, 11 “One World Many Stories” Age Group 13 & Up 3rd Place, Age 13 & Up: Estrella Irizarry, 14 2nd Place, Age 13 & Up: T’mya Polk, 13 “Stars” 1st Place, Age 13 & Up: Kinea Moore, 13 “Beautiful Scenes/ Night Owl” Grand Prize Winners 2nd Runner Up: Kinea Moore, 13 “Beautiful Scene/ Night Owl” 1st Runner Up: Deasia Gordon, 12 “All Lives Matter” Grand Prize Winner: Zaynah Hussein, 11 “One World Many Stories” Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8636 Agenda Date: 8/5/2021 Status: Agenda ReadyVersion: 1 File Type: MinutesIn Control: City Council Agenda Number: 5.1 SUBJECT/RECOMMENDATION: Approve the minutes of the July 15, 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 8/4/2021 City Council Meeting Minutes July 15, 2021 Page 1 City of Clearwater City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 Meeting Minutes Thursday, July 15, 2021 6:00 PM Main Library - Council Chambers City Council Draft City Council Meeting Minutes July 15, 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 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 July Service Awards One service award was presented to a city employee. 4.2 Florida Municipal Achievement Award - Jordan Morang, Lauren Matzke, Chrissy Fisher, and Gina Clayton - Planning Department Florida League of Cities Ambassadors Eryn Russell and Shwanda Barnette presented city staff with the Florida Municipal Achievement Award for the Planning and Development Department’s placemaking project. 4.3 End of Session Update - The Honorable Ed Hooper, Florida Senate 5. Approval of Minutes 5.1 Approve the minutes of the June 17, 2021 City Council Meeting as submitted in written summation by the City Clerk. Draft City Council Meeting Minutes July 15, 2021 Page 3 City of Clearwater Vice Mayor Hamilton moved to approve the minutes of the June 17, 2021 City Council Meeting as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. 5.2 Approve the minutes of the May 25, 2021 Strategic Planning Special Council Meeting. Councilmember Allbritton moved to approve the minutes of the May 25, 2021 Strategic Planning Special Council Meeting. The motion was duly seconded and carried unanimously. 5.3 Approve the June 9, 2021 and June 14, 2021 Special Council Meeting Minutes regarding City Manager Candidates. Councilmember Beckman moved to approve the June 9, 2021 and June 14, 2021 Special Council Meeting Minutes regarding City Manager Candidates. The motion was duly seconded and carried unanimously. 6. Citizens to be heard re items not on the agenda Jeannie Shapiro and Kristen Penchin said the Clearwater Free Clinic provides services at no cost and receives no government funds to operate. They invited all to participate in next week's Dine Out for a Difference event as a portion of the proceeds will benefit the Clinic. Daryl Flanery expressed concerns that the Clearwater Community Garden has received very little communication from the City regarding the streetscaping plans and said that community gardens are part of the Greenprint plan. It was stated that the City purchased the former Econo Inn site, which is now being used as a staging area for Phase 3 of the Cleveland Streetscape. Cheryl Acton supported the Clearwater Community Garden. Fred Irwin supported Senator Hooper's bill that required enhancing the public safety communication systems for condominiums. Draft City Council Meeting Minutes July 15, 2021 Page 4 City of Clearwater Angela Hatcher reported that Bluesky Development was awarded the 9% tax credit to redevelop the old fire station at Franklin Street. She said there is still a small gap in the financing, but she is optimistic the necessary resources are finalized to start construction in early 2022. Patrick Raftery requested the Parks and Recreation Department be given the proper funding to address much needed sidewalk repair throughout the city. Lisa Lanza expressed concerns regarding the physical state of city streets in her neighborhood and potential political committee activity in future city elections. Stuart Berger expressed concerns with vehicular traffic along Drew Street. 7. Consent Agenda – Approved as submitted, less Item 7.1. 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) See below. 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) 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) Draft City Council Meeting Minutes July 15, 2021 Page 5 City of Clearwater Vice Mayor Hamilton moved to approve the Consent Agenda as submitted and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 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) 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. It was stated that the compact includes wonderful goals for affordable housing but lacks measurable goals for the initiatives. Councilmember Beckman moved to 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. The motion was duly seconded and carried unanimously. Public Hearings - Not before 6:00 PM 8. Administrative Public Hearings 8.1 Adopt a tentative millage rate of 5.9550 mills for fiscal year 2021/22; set public hearing Draft City Council Meeting Minutes July 15, 2021 Page 6 City of Clearwater 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. 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. Kayleen Kastel provided a PowerPoint presentation. One individual questioned if the decorative sidewalks in N. Greenwood would be fixed and if the medians along Gulf to Bay Boulevard will be "bright and beautiful." One individual opposed the stormwater utility rate and suggested adopting a rate structure based on square footage, similar to the one used by the City of St. Petersburg. Councilmember Bunker moved to 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 Draft City Council Meeting Minutes July 15, 2021 Page 7 City of Clearwater 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. The motion was duly seconded and carried unanimously. 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. 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. Draft City Council Meeting Minutes July 15, 2021 Page 8 City of Clearwater 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 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 Draft City Council Meeting Minutes July 15, 2021 Page 9 City of Clearwater 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. Economic Development and Housing Assistant Director Chuck Lane provided a PowerPoint presentation. Councilmember Allbritton moved to 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. The motion was duly seconded and carried unanimously. 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) 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 Draft City Council Meeting Minutes July 15, 2021 Page 10 City of Clearwater 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. Engineering Director Tara Kivett said the northeast property is owned by Frontier Communications. Councilmember Beckman moved to 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. The motion was duly seconded and carried unanimously. Ordinance 9477-21 was presented and read by title only. Councilmember Bunker moved to pass Ordinance 9477-21 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 8.4 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) These voluntary annexation petitions involve two parcels of land totaling Draft City Council Meeting Minutes July 15, 2021 Page 11 City of Clearwater 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 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 Draft City Council Meeting Minutes July 15, 2021 Page 12 City of Clearwater 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 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. The motion was duly seconded and carried unanimously. Ordinance 9463-21 was presented and read by title only. Councilmember Allbritton moved to pass Ordinance 9463-21 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 Ordinance 9464-21 was presented and read by title only. Councilmember Beckman moved to pass Ordinance 9464-21 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 Ordinance 9465-21 was presented and read by title only. Councilmember Bunker moved to pass Ordinance 9465-21 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 annexation, initial Future Land Use Map designation of Residential Urban Draft City Council Meeting Minutes July 15, 2021 Page 13 City of Clearwater (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 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. Draft City Council Meeting Minutes July 15, 2021 Page 14 City of Clearwater 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. Vice Mayor Hamilton moved to approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 2248 NE Coachman Road, together with certain abutting right-of-way of NE Coachman Road (SR 590). The motion was duly seconded and carried unanimously. Ordinance 9466-21 was presented and read by title only. Councilmember Allbritton moved to pass Ordinance 9466-21 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 Ordinance 9467-21 was presented and read by title only. Councilmember Beckman moved to pass Ordinance 9467-21 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 Ordinance 9468-21 was presented and read by title only. Councilmember Bunker moved to pass Ordinance 9468-21 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 July 15, 2021 Page 15 City of Clearwater 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) 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 • The proposed annexation is consistent with and promotes the following objectives of the Clearwater Comprehensive Plan: Draft City Council Meeting Minutes July 15, 2021 Page 16 City of Clearwater 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. Vice Mayor Hamilton moved to continue Item 8.6 to a date uncertain. The motion was duly seconded and carried unanimously. 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) This voluntary annexation petition involves a 0.393-acre property consisting of Draft City Council Meeting Minutes July 15, 2021 Page 17 City of Clearwater 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. 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 Draft City Council Meeting Minutes July 15, 2021 Page 18 City of Clearwater 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. Councilmember Allbritton moved to 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. The motion was duly seconded and carried unanimously. Ordinance 9472-21 was presented and read by title only. Councilmember Beckman moved to pass Ordinance 9472-21 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 Ordinance 9473-21 was presented and read by title only. Councilmember Bunker moved to pass Ordinance 9473-21 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 Ordinance 9474-21 was presented and read by title only. Vice Mayor Hamilton moved to pass Ordinance 9474-21 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 8.8 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 Draft City Council Meeting Minutes July 15, 2021 Page 19 City of Clearwater 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. 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 Draft City Council Meeting Minutes July 15, 2021 Page 20 City of Clearwater 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. Applicant representative Scott Clark said the affected parties have come to an agreement. Clearwater Cay Community Development District representative Dan Malloy said the District supports the contraction petition presented to Council. Gran Venezia Condominium Association representative Bruce Barnes said the Association supports the petition before Council, which is fair and appropriate. Councilmember Beckman moved to approve the contraction of the Clearwater Cay Community Development District. The motion was duly seconded and carried unanimously. Ordinance 9437-21 was presented and read by title only. Councilmember Bunker moved to pass Ordinance 9437-21 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 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. Ordinance 9455-21 was presented and read by title only. Councilmember Bunker moved to adopt Ordinance 9455-21 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 Draft City Council Meeting Minutes July 15, 2021 Page 21 City of Clearwater 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. Ordinance 9456-21 was presented and read by title only. Vice Mayor Hamilton moved to adopt Ordinance 9456-21 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 9.3 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. Ordinance 9457-21 was presented and read by title only. Councilmember Allbritton moved to adopt Ordinance 9457-21 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 9.4 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. Ordinance 9458-21 was presented and read by title only. Councilmember Beckman moved to adopt Ordinance 9458-21 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 9.5 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. Ordinance 9459-21 was presented and read by title only. Councilmember Bunker moved to adopt Ordinance 9459-21 on Draft City Council Meeting Minutes July 15, 2021 Page 22 City of Clearwater 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 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. 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. Councilmember Allbritton moved to 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. The motion was duly seconded and carried unanimously. Resolution 21-16 was presented and read by title only. Councilmember Beckman moved to adopt Resolution 21-16. 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 10.2 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. 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. Draft City Council Meeting Minutes July 15, 2021 Page 23 City of Clearwater Councilmember Bunker moved to 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. The motion was duly seconded and carried unanimously. Resolution 21-17 was presented and read by title only. Vice Mayor Hamilton moved to adopt Resolution 21-17. 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 10.3 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. 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. Councilmember Allbritton moved to 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. The motion was duly seconded and carried unanimously. Resolution 21-18 was presented and read by title only. Councilmember Beckman moved to adopt Resolution 21-18. 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 10.4 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. 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. Draft City Council Meeting Minutes July 15, 2021 Page 24 City of Clearwater 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 The Council recessed from 7:50 p.m. through 7:58 p.m. Finance Director Jay Ravins reviewed the financial summary for the project. Assistant City Manager Michael Delk said a small portion of the project cost would historically be defined as an overrun. The project represents the City's highest aspirations for achieving the kind of change in our community, Downtown and waterfront that is supported by our residents. The proposed redevelopment of the waterfront will serve our community for the remainder of this century, while enhancing Clearwater's waterfront access and entertainment opportunities. Eight individuals spoke in support. One individual submitted an email supporting the project that was read into the record by the City Clerk (see page 28). One individual opposed the size of the proposed amphitheater. One individual said downtown Clearwater must become a vibrant and successful place in its own right, serving its own citizens. He expressed concerns that the proposed amenities along the waterfront do not offer much Draft City Council Meeting Minutes July 15, 2021 Page 25 City of Clearwater needed activity. Vice Mayor Hamilton moved to 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. The motion was duly seconded and carried unanimously. 10.5 Confirm the Declaration of a State of Emergency due to conditions surrounding Tropical Storm Elsa and adopt Resolution 21-28. 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. Councilmember Allbritton moved to confirm the Declaration of a State of Emergency due to conditions surrounding Tropical Storm Elsa. The motion was duly seconded and carried unanimously. Resolution 21-28 was presented and read by title only. Councilmember Beckman moved to adopt Resolution 21-28. 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 10.6 Continued closure of Cleveland Street - Mike Lavery Assistant to the City Manager Mike Lavery provided pictures of proposed temporary barriers. A resolution for the indefinite closure of Cleveland Street will be presented to Council at a future council meeting. Mr. Lavery said he will work with Engineering to identify options for more permanent solutions for council consideration. Draft City Council Meeting Minutes July 15, 2021 Page 26 City of Clearwater Five individuals spoke in support. One individual suggested providing the Downtown Merchants Association more power and stated that the Blast Friday events were expensive. Vice Mayor Hamilton moved to direct staff to proceed with the indefinite closing of Cleveland Street to vehicular traffic. The motion was duly seconded and carried unanimously. 11. City Attorney Reports – None. 12. Other Council Action 12.1 PSTA/Forward Pinellas Update - Councilmember Allbritton Councilmember Allbritton said PSTA applied for a $25 million RAISE grant from the U.S. Department of Transportation. The $3M balance needed will come from Forward Pinellas, FDOT, and PSTA. The grant will be used for the new multi-modal center. He said letters of support have been submitted but more letters are needed. He said transportation does not stop at county lines and the region is banded together by the Suncoast Transportation Planning Alliance which is composed of the planning organizations in the surrounding counties. He said when Washington DC gives funds, they give to the regional MPO’s who have a unified goal. 13. Closing comments by Councilmembers (limited to 3 minutes) Councilmember Bunker said he has spent an enormous amount of time thinking of the negative impacts of Scientology, but he now has an extreme positive feeling about the future of Clearwater. Councilmember Beckman said she is super proud to represent Clearwater residents and be at the meeting for the historic vote. She suggested a 24- hour web cam on Imagine Clearwater for people to watch the progress of the park project. Councilmember Allbritton said there is going to be opportunities for naming rights in the park and will probably be the job of the conservancy who will always keep activity in the park. Vice Mayor Hamilton said it was a great meeting and it is always fun to build stuff. He wished his wife a Happy 39th Anniversary. Draft City Council Meeting Minutes July 15, 2021 Page 27 City of Clearwater 14. Closing Comments by Mayor The Mayor said he is proud of tonight and the decision of Council. He thanked the police officers who participated in the Cops and Kids Kickball at North Greenwood Recreation Center; it gave the kids an opportunity to interact with the police officers and see that they are regular people. He thanked everyone who came out to Baycare Ballpark for a great 4th of July celebration. He congratulated James Rembert on his 100th birthday. He reviewed recent and upcoming events. 15. Adjourn The meeting adjourned at 9:04 p.m. Mayor City of Clearwater Attest City Clerk Draft INDIVIDUAL SPEAKER Citizen Comment Card Name: i C -1 MD ?R ; Address: b9 'm -,704 City: qt>.p t ciL Zip• Telephone Number: l - rla`-1 -f ac -c1999 Email Address: -7t -r^°*RtSOuSS• &A.%-vo.rvoclg2_026 Speaking under citizens to be heard re items not on the agenda? a-. Agenda item(s) to which you wish to speak. What is your position on the item? For Against INDIVIDUAL SPEAKER Citizen Comment Card Name: , r Address: I Lt ve. I-2, City: C (T tv'uvr-A-9k""-- Zip: 3 Jo Telephone Number: l> > )/ .3 3 Email Address: CCh L'c,` ti a , (c C 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: fe// Address: / / 9(2— C7U e giW//KI/ e City:C I/GZ''!il.ir' Zip: 537 Telephone Number: Email Address: t% t17/C70/1//// Speaking under citizens to be hear 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 l ) Name:VC\\._\( Address:3 1 J AS City: e Telephone Number: I Email Address: zip:337( IP N P.QPck Speaking under citizens to 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 GROUP SPEAKER Citizen Comment Card As stated in Council Rules, "Representatives of a group may speak for three minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum often minutes." Please have each member of the group in attendance sign and print their name on the reverse of this card. Name: Address: dtrana r( Crq thod 61. z City: Cled 1 ft) IZ Zip: -537SS Telephone Number: 12-i tc4 - c (Q6 T Email Address: <j ,ri ann3._ rC2 1(0 Agenda item to which you wish to speak: We. IXU O l I E 'Acct 4L0. 1-high(c Cod'IYV un I uun l i Y 1odu, y (rt\ l 2_04.s ,ar 7 What is your position on theitem? For Against CLEARWATER BRIGHT AND BEAUTIFUL, • BAY TO BEACH n/ Name: %" ° MuS ti-O-Wss•N Address: City: Zip: Telephone Number: CO'c- 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 INDIVIDUAL SPEAKER Citizen Comment Card Name: . ! ) (, p ti' (Q el`r Address: / 5 .3 !'' y) e loll? ?-1- E./' City: C/,C Gt 1Lxz7 Zip: 75 Telephone Number: 72 7 2/.5----Y2 P 9 Email Address: Vet e r-E(c ry Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak. C ,i' CIC jt ' ' -! r.. 7 S What is your position on the item? For Against INDIVIDUAL SPEAKER Citizen Comment Card Name: 1Address: 1V 61.' kV/0 City: Y VJC c(IlP.'` `, ./ Zip: Zfid 164-- k (IMO ItAol Telephone Number: Email Address:1 Speaking under citizens to be heard re items not on the agenda? Agenda iterm(s) to which _yJou,) r wish to speak: /// 11( 1 0/1 Q7 What is your position on the item? For Against INDIVIDUAL SPEAKER Citizen Comment Card Name: '73 it -IS 6 11// n Address: ? City. G1--;tJ/4-i / zip: 3 3 7C / Telephone Number: 7° 7 ! 17.0 `V 07 Email Address: kil., ' ' 'J Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak. l What is your position on the item? For Against INDIVIDUAL SPEAKER Citizen Comment Card Name: ff fiC' YL -- Address: j Address: city. (/ (-LA `'e Zip: i? 2 Telephone Number: 72 2 -2 S Z( 7 Email Address: 1,7„.1 `1 e e -/4')-7 r> ays• Speaking under citizens to be heard re items not on the agenda?`lf'' Agenda item(s) to which you wish to speak. What is your position on the item? For Against COUNCIL REPORTAUGUST2O21 PUBLIC MEETINGS Aug. 2 at 9 a.m.: Aug. 3 at 3 p.m.: Aug. 5 at 9 a.m.: Aug. 5 at 6 p.m.: le Aug. 16 at 8 a.m.: City Council Work Session Special City Council Meeting Budget Special City Council Meeting City Manager Candidates City Council Meeting Community Redevelopment Agency Meeting Aug. 16 at 9 a.m.: City Council Work Session Aug. 19 at 6 p.m.: City Council Meeting ow Aug. 24 at 8:30 a.m.: Special City Council Meeting City Manager Candidates myclearwater.com/news-info/citywide-calendar/city-meetings All meetings are held in City Council Chambers at the Main Library unless otherwise noted. IMAGINE CLEARWATER Contact: Assistant City Manager Michael Delk, 562-4053 Cost: $84 million Timeline: Construction has started and will go through Summer 2022. myclearwater.com/imagineclearwater Imagine Clearwater is an investment in the redevelopment of Downtown Clearwater and its waterfront — including construction of a new 4,000 -seat covered amphitheater in Coachman Park — that will be a must - see destination point in the Tampa Bay area. Designed to connect the waterfront and the Downtown Clearwater community, Imagine Clearwater will cost $84 million and includes expansive park and recreational spaces, a gateway plaza and bluff walk that connects the park to downtown, a bay walk promenade overlooking the Intracoastal Waterway, a lake area with picnic shelters, and an ocean -themed play area with an interactive pop -jet water feature. The additions to Coachman Park also include the amphitheater which will accommodate a year- round performance schedule that promises to continue Clearwater's reputation as a premier location for diverse live entertainment. CLEARWATER BRIGHT AND BEAUTIFUL• BAY TO BEACH SCAN HERE FOR MORE INFORMATION CLEVELAND STREET STREETSCAPE PHASE III AND FESTIVAL CORE Contact: Project Manager Cat Corcoran, 562-4750 Cost: $16.2 million Timeline: Construction has started and will go through January 2023. Project Office Hours: Every Friday from 10 to 11 a.m. Nature's Food Patch 1225 Cleveland St. myclearwater.com/streetscape Construction has begun on the city of Clearwater's Cleveland Street Streetscape Phase III and Festival Core project. The city of Clearwater will be making improvements to roadways and stormwater systems on Cleveland Street from Missouri Avenue east to San Remo Avenue and on Gulf to Bay Boulevard from Cleveland Street southeast to Court Street/Highland Avenue. Drivers can anticipate delays and lane shifts but traffic will continue in both directions and access to business and residential driveways will be maintained. All businesses will remain open throughout the project which is planned for completion in January 2023. Bus stop locations may also shift and will be clearly marked. Work will take place Monday through Friday from 7 a.m. to 5 p.m. during the project. SCAN HERE FO RM ORE INF MYCLEARWATER.COM COUNCILREPORTAUGUST2021 CLEARWATER2045 Contact: PlanningandDevelopmentAssistant DirectorLaurenMatzke, 562-4547 Timeline: Publicengagementandmeetingshavebegun, andtheworkwillcontinue throughDecember2022. Clearwater2045@myclearwater.com Clearwater2045.com ThecityisintheprocessofupdatingClearwater's comprehensiveplanwhichisapolicydocumentthat localgovernmentsadopttoguidedecisionsonthe futuregrowthandsustainabilityofthecity. Itdetails thecity'slong-termvisionandgoalswhileoutlining thestepsneededtoachievethem. Animportant componentofacomprehensiveplanisidentifying currentandanticipatedopportunitiesforimprovement inpublicinfrastructureandservices, whileimplementing strategiesthatensureenhancementswillbemade inatimelyfashiontomeetfuturedemand. EMEJ SCANHERE OINFORMATIONORN CLEARWATERSTRATEGICPLAN Contact: ProjectManager MichaelLavery, 562-4043 Timeline: Publicengagementbeginsin Augustandtheworkwill continuethrough2022 MyClearwater.com Clearwaterisundertakingastrategicplanningprocess tochartanewpathforwardandtofurtherexcellence inallfacetsofcityservices. LedbytheUSFFlorida InstituteofGovernment, thisnearlyyear-longproject isaparticipatoryprocessengagingavarietyof stakeholderstodetermineboththecity'sstrengths andtheopportunitiesforgrowthandtransformation. Therewillbemultipleavenuesforprovidinginputand resultswillbepresentedbacktoresidentsbeforeformal adoption. Newmissionandvisionstatementsand strategicprioritieswillbecreatedaspartoftheprocess. SCANHERE FORMORE INFORMATION UPCOMINGEVENTS ROSSNORTON'SLAKEBELLEVIEWDAY 5:30p.m. Aug. 6 Enjoymusicbythepool, watchamoviein thefieldandcelebratetheLakeBelleview communityatRossNortonRecreationCenter. CaII (727) 462-6025toreserveyourspot. MARKETMARIE 9a.m. to2p.m. Aug. 14 Anoutdoorfarmer'smarketwillbeheldin downtownClearwatereverysecondSaturday! Morethan70vendorswillhavefreshproduce, flowers, jewelry, accessories, foodtrucks, candles, skincare, art, thriftedclothes, pet goodies, veganandbakedgoods, andmore! CLEARWATER BRIGHTANDBEAUTIFUL • BAYTOBEACH DOWNTOWNMURALS SevennewmuralshavebeenpaintedinClearwater oncity -ownedandprivatepropertiesthroughout downtown. Themuralprogramcreateshigh-quality publicspacesbyweavingartandcultureintothe fabricofeverydaylife. Gotodowntownclearwater. comforamapofthedowntownmurals. MYCLEARWATER.COMworou 28 29 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9428 Agenda Date: 8/5/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Human Resources Agenda Number: 7.1 SUBJECT/RECOMMENDATION: Appoint Micah Maxwell as the Interim City Manager and set interim salary at 20%. (consent) SUMMARY: After nearly twenty-three years of service, twenty-one years as City Manager, Mr. Horne is retiring effective September 3, 2021. City Council has approved Baker Tilly as the executive recruitment firm to conduct a nationwide search for a replacement City Manager, however, the recruitment will not be completed prior to Mr. Horne’s retirement. As such, City Council will need to appoint an Interim City Manager and set an interim salary. At the August 2, 2021 work session, there was council consensus to appoint Micah Maxwell as the interim city manager and to set the interim salary at 20%. Staff was directed to place the item on the consent agenda. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 8/4/2021 August 5, 2021 ADDENDUM TO EMPLOYMENT AGREEMENT LETTER DATED MARCH 28, 2017 Micah Maxwell 3400 Overlook Dr. NE St. Petersburg, FL 33703 Dear Mr. Maxwell: On August 5, 2021, Clearwater City Council unanimously agreed to appoint you Interim City Manager commencing upon the retirement of Mr. Horne on September 3, 2021. The appointment will continue until such time as the new City Manager commences employment, which is anticipated to be mid-October. At that time, or if at any time prior, Council determines that your services as Interim City Manager are no longer needed, you shall resume your position as Assistant City Manager. This letter shall serve as an addendum to your current Employment Agreement Letter. The provisions of this addendum shall only be in affect during the period of time which you are Interim City Manager. All terms and conditions of your Employment Agreement Letter dated March 28, 2017, shall remain in effect except as provided herein: 2. Duties and Responsibilities: a. Employee agrees to perform the duties of the position Interim City Manager as have been discussed by the Employee and the City Council, and it is understood that such duties and responsibilities may change from time to time. b. Employee agrees to remain in the exclusive employ of the City and shall not engage in other employment or professional or business activity. c. Employee agrees to continually provide his/her best efforts to efficiently and effectively perform his/her duties in a professional manner, uphold City regulations and policies, support the Council-Manager form of government as expressed through City Charter of the City of Clearwater, and abide by ethical standards of conduct, including the City’s Code of Ethics. 3. Salary: a. Employee’s pay as Interim City Manager shall be $8,330.74 biweekly. If this Addendum to your Employment Agreement Letter confirming your employment relationship with the City is satisfactory to you, please sign below as Employee and return a signed and dated copy of this Addendum. CITY OF CLEARWATER, FLORIDA By:___________________________ Frank Hibbard, Mayor Approved as to form: Attest: __________________________ ______________________________ Pamela K. Akin Rosemarie Call City Attorney City Clerk EMPLOYEE ACKNOWLEDGEMENT AND ACCEPTANCE: __________________________ ______________________________ Micah Maxwell Date signed Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9442 Agenda Date: 8/5/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Human Resources Agenda Number: 7.2 SUBJECT/RECOMMENDATION: Approve Juneteenth as a city recognized holiday. (consent) SUMMARY: Juneteenth is a celebration honoring the end of slavery in the United States, the holiday represents the true emancipation of freedom that honors the American value of freedom for all. On June 17, 2021, Juneteenth was officially made a federal holiday. The City of Clearwater has had Diversity, Equity, and Inclusion as a core value for decades and staff will continue to make significant and intentional progress toward a more inclusive and equitable workforce for all employees. As such, staff is recommending beginning in June 2022, the City of Clearwater formally acknowledge Juneteenth as an official annual City of Clearwater holiday. Staff invites the community at large to embrace it alongside all of us. The City of Clearwater currently provides for 10 paid holidays and three floating holidays for CWA and SAMP employees, (FOP and IAFF union employees receive 9 paid holidays and four floating holidays). The City’s comparable municipalities are all currently in discussion regarding adding Juneteenth as a holiday, with one, the City of St. Petersburg having approved it recently. Any change to the holiday schedule will need to be negotiated with each of the bargaining units. APPROPRIATION CODE AND AMOUNT: Staff has reviewed the cost of providing a paid holiday to all permanent employees based on current salaries and typical holiday hours worked. The Juneteenth holiday is expected to add approximately $154,000 in compensation and $22,000 in related benefits, for a total of $176,000. Of this amount, approximately $133,000 would be paid from the general fund. Within the typical salary and benefit costs, approximately $318,000 is expected to be paid as holiday leave in lieu of hours worked. Future budgets will include the cost of the Juneteenth holiday. Page 1 City of Clearwater Printed on 8/4/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9400a Agenda Date: 8/5/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 7.3 SUBJECT/RECOMMENDATION: Authorize a purchase order to Keystone Excavators, Inc. of Oldsmar, FL for renovations of Belmont Park located at 1535 South Martin Luther King Jr. Avenue, for a guaranteed maximum price of $395,875.98 pursuant to Request for Qualifications (RFQ) 40-20, Construction Manager at Risk (CMAR) Services Continuing Contracts; transfer $150,000.00 from CIP C2002 - Ed Wright Park Renovations to CIP M1915 - Belmont Park Renovations and authorize the appropriate officials to execute same. (consent) SUMMARY: On September 17, 2020, Council approved the use of thirteen firms to serve as construction managers for the City under RFQ 40-20 and Keystone Excavators, Inc., was selected as one of the approved firms. Belmont Park is a neighborhood park (2.69 ac) that has served the recreational needs of the residents in the southwestern portion of Clearwater predominately the Lake Belleview Community for over 50 years. The park has seen heavy use by the neighborhood as well as persons from outside the Lake Belleview Community and is in need of a complete renovation. Staff has worked closely with the Lake Belleview Neighborhood Association, Planning and Development Department and the City’s Neighborhood Coordinator to develop a plan to renovate the park. This proposal is for all the sitework needed for the project, which includes the construction of stormwater improvements, basketball court (half court), sidewalks, parking lot improvements, and grading for new multipurpose play field. The remaining items needed to complete the renovations include an irrigation system, sodding, landscaping, fencing and park amenities. Staff is recommending the transfer of $150,000 from Ed Wright Park Renovations budget (C2002) to this project. Belmont Park and Ed Wright Park are within 0.4 miles from each other and serve the same neighborhoods. Staff will be meeting with residents soon to determine what improvements they may desire for Ed Wright Park. This is a 100-day contract which is anticipated to begin this September and be completed by Page 1 City of Clearwater Printed on 8/4/2021 File Number: ID#21-9400a early December 2021. Irrigation, landscaping, sod installation and park amenities will follow. Keystone Excavators, Inc., provided a guaranteed maximum price of $395,875.98 which includes a 10% contingency. APPROPRIATION CODE AND AMOUNT: Funds are available in capital improvement project M1915, Belmont Park Renovations, $357,000.00 and C2002, Ed Wright Park Improvements, 150,000.00. USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 8/4/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9466 Agenda Date: 8/5/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 7.4 SUBJECT/RECOMMENDATION: Approve a Sovereignty Submerged Lands Lease Renewal Agreement No. 520010893 between the City of Clearwater and Board of Trustees of the Internal Improvement Trust Fund of the State of Florida from April 1, 2021 through April 1, 2026 for the use of submerged land for Pier 60 and authorize the appropriate officials to execute same. (consent) SUMMARY: The City of Clearwater operates Pier 60, a public, recreational pier on Clearwater Beach extending from City-owned lands onto submerged, sovereign lands and water of the State of Florida in the Gulf of Mexico. The Board of Trustees of the Internal Improvement Trust Fund of the State of Florida (TIITF) has administrative authority over such submerged, sovereign lands and waters. Staff recommends approval of this lease renewal agreement No. 520010893 with TIITF, which is identical to past agreements with the exception of changing the contact department from Marine and Aviation to Parks and Recreation. This agreement is to be renewed every five years. The City agrees to pay TIITF an annual rental fee, currently $5,280.03 plus sales tax, within 30 days of receipt of this fully executed lease. The annual rental fee for the remaining years of the lease shall be adjusted pursuant to provision of Rule 18-21.011 Florida Administrative Code. In addition, the City pays 6% of gross revenue generated from operations of the pier to the State. In FY 2019 that amount was approximately $100,000.00. APPROPRIATION CODE AND AMOUNT: Funding is available in 0101374 Pier 60 Operations USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 8/4/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9471 Agenda Date: 8/5/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 7.5 SUBJECT/RECOMMENDATION: Authorize a purchase order to Himes Electric Company, Inc. of Lutz, Florida, for the renovations of the lighting system on the northeast (NE) multipurpose field at Countryside Sports Complex, in an amount not exceed $327,093.80 pursuant to Invitation to Bid (ITB) 21-0006-PR, Countryside Sports Complex Field Lighting - Phase II, and authorize the appropriate officials to execute same. (consent) SUMMARY: ITB #21-0006-PR, Countryside Sports Complex Field Lighting - Phase II closed on July 8, 2021 and only one responsive, responsible bid was received in accordance with the plans and specifications. Over the past two years, major renovations to the Countryside Sports Complex located at 3060 McMullen Booth Road have been accomplished. Renovations included a new press box, restroom, locker room, storage, concession building, new lighted stadium field, parking lot/driveway improvements, drainage improvements and landscaping. This contract is for the renovation of the lighting system on the NE multipurpose field, which will allow for the field to be expanded to a competitive width of 225 feet. The contractor will provide all materials, labor, and equipment to remove and replace existing light poles currently in the playing surface and install new lighting fixtures to provide lighting levels of 30-foot candles (fc). This is a 90-day contract which will begin in September and be completed by December 2021. Since most of the work will take place outside of the playing fields there will be little disruptions for the youth groups who use the Sports Complex, primarily Countryside Cougars and Clearwater Soccer. APPROPRIATION CODE AND AMOUNT: Funding is available in CIP 315-93620 Sports Lighting USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 8/4/2021 SECTION V Page i Updated: 5/4/2020 SECTION V CONTRACT DOCUMENTS Table of Contents PUBLIC CONSTRUCTION BOND ......................................................................................................... 1 CONTRACT ................................................................................................................................................ 3 CONSENT OF SURETY TO FINAL PAYMENT .................................................................................. 7 PROPOSAL/BID BOND ............................................................................................................................ 8 AFFIDAVIT ................................................................................................................................................ 9 NON-COLLUSION AFFIDAVIT ........................................................................................................... 10 PROPOSAL ............................................................................................................................................... 11 CITY OF CLEARWATER ADDENDUM SHEET ............................................................................... 13 BIDDER’S PROPOSAL ........................................................................................................................... 14 SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA CERTIFICATION FORM ....................................................................................................................... 16 SCRUTINIZED COMPANIES THAT BOYCOTT ISRAEL LIST CERTIFICATION FORM...... 17 SECTION V – Contract Documents SECTION V Page 1 of 17 Updated: 5/4/2020 Bond No.: ________________ PUBLIC CONSTRUCTION BOND (1) This bond is given to comply with § 255.05, Florida Statutes, and any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in subsections (2) and (10). Pursuant to § 255.05(1)(b), Florida Statutes, “Before commencing the work or before recommencing the work after a default or abandonment, the contractor shall provide to the public entity a certified copy of the recorded bond. Notwithstanding the terms of the contract or any other law governing prompt payment for construction services, the public entity may not make a payment to the contractor until the contractor has complied with this paragraph.” CONTRACTOR SURETY OWNER [name] [principal business address] [phone number] [name] [principal business address] [phone number] City of Clearwater Engineering 100 S. Myrtle Avenue Clearwater, FL 33756 (727) 562-4750 PROJECT NAME: Countryside Sports Complex Field Lighting – Phase II PROJECT NO.: 21-0006-PR PROJECT DESCRIPTION: Remove & relocate existing light poles which consist of 2 light poles being relocated, two new poles and adding light fixtures to existing poles and other electrical works to provide a complete functional sport lighting system to a minimum 30-foot candles of the northeast soccer field of the sports complex per contract drawings, specifications and to the satisfaction of the Owner. BY THIS BOND, We, __________________________________, as Contractor, and __________________________________________________, a corporation, as Surety, are bound to the City of Clearwater, Florida, herein called Owner, in the sum of $[x,xxx,xxx.xx], for payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Contractor: 1. Performs the contract dated _________________, between Contractor and Owner for construction of Countryside Sports Complex Field Lighting – Phase II, the contract documents being made a part of this bond by reference (which include the Advertisement for Bids, Proposal, Contract, Surety Bond, Instructions to Bidders, General Conditions, Plans, Technical Specifications and Appendix, and such alterations as may be made in said Plans and Specifications as therein provided for), at the times and in the manner prescribed in the contract; and 2. Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes, supplying Contractor with labor, materials, or supplies, used directly or indirectly by Contractor in the prosecution of the work provided for in the contract; and SECTION V – Contract Documents SECTION V Page 2 of 17 Updated: 5/4/2020 Bond No.:________________ PUBLIC CONSTRUCTION BOND (2) 3. Pays Owner all losses, damages, expenses, costs, and attorney’s fees, including appellate proceedings, that Owner sustains because of a default by Contractor under the contract; and 4. To the limits of § 725.06(2), Florida Statutes, shall indemnify and hold harmless Owner, their officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney’s fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of the construction contract; and 5. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract, then this bond is void; otherwise it remains in full force. 6. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2), Florida Statutes. 7. Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Surety’s obligation under this bond, and Surety does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN TESTIMONY WHEREOF, witness the hands and seals of the parties hereto this __________ day of ________________, 20___. (If sole Ownership or Partnership, two (2) Witnesses required). (If Corporation, Secretary only will attest and affix seal). [TYPE LEGAL NAME OF CONTRACTOR] By: ____________________________ Title: ____________________________ Print Name: ____________________________ WITNESS: WITNESS: _______________________________________ _______________________________________ Corporate Secretary or Witness Print Name: ____________________________ Print Name: _____________________________ (affix corporate seal) _______________________________________ (Corporate Surety) By: _________________________________ ATTORNEY-IN-FACT Print Name: ___________________________ (affix corporate seal) (Power of Attorney must be attached) SECTION V – Contract Documents SECTION V Page 3 of 17 Updated: 5/4/2020 CONTRACT (1) This CONTRACT made and entered into this ___ day of ____________, 20___ by and between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and _____________________________________, of the City of ____________________ County of __________________________ and State of Florida, hereinafter designated as the "Contractor". [Or, if out of state:] This CONTRACT made and entered into this ___ day of ____________, 20___ by and between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and _____________________________________, a/an _____________(State) Corporation authorized to do business in the State of Florida, of the City of ____________________ County of __________________________ and State of ____________, hereinafter designated as the "Contractor". WITNESSETH: That the parties to this contract each in consideration of the undertakings, promises and agreements on the part of the other herein contained, do hereby undertake, promise and agree as follows: The Contractor, and his or its successors, assigns, executors or administrators, in consideration of the sums of money as herein after set forth to be paid by the City and to the Contractor, shall and will at their own cost and expense perform all labor, furnish all materials, tools and equipment for the following: PROJECT NAME: Countryside Sports Complex Field Lighting – Phase II PROJECT NO.: 21-0006-PR in the amount of $________________ In accordance with such proposal and technical supplemental specifications and such other special provisions and drawings, if any, which will be submitted by the City, together with any advertisement, instructions to bidders, general conditions, technical specifications, proposal and bond, which may be hereto attached, and any drawings if any, which may be herein referred to, are hereby made a part of this contract, and all of said work to be performed and completed by the contractor and its successors and assigns shall be fully completed in a good and workmanlike manner to the satisfaction of the City. If the Contractor should fail to comply with any of the terms, conditions, provisions or stipulations as contained herein within the time specified for completion of the work to be performed by the Contractor, then the City, may at its option, avail itself of any or all remedies provided on its behalf and shall have the right to proceed to complete such work as Contractor is obligated to perform in accordance with the provisions as contained herein. SECTION V – Contract Documents SECTION V Page 4 of 17 Updated: 5/4/2020 CONTRACT (2) THE CONTRACTOR AND HIS OR ITS SUCCESSORS AND ASSIGNS DOES HEREBY AGREE TO ASSUME THE DEFENSE OF ANY LEGAL ACTION WHICH MAY BE BROUGHT AGAINST THE CITY AS A RESULT OF THE CONTRACTOR'S ACTIVITIES ARISING OUT OF THIS CONTRACT AND FURTHERMORE, IN CONSIDERATION OF THE TERMS, STIPULATIONS AND CONDITIONS AS CONTAINED HEREIN, AGREES TO HOLD THE CITY FREE AND HARMLESS FROM ANY AND ALL CLAIMS FOR DAMAGES, COSTS OF SUITS, JUDGMENTS OR DECREES RESULTING FROM ANY CLAIMS MADE UNDER THIS CONTRACT AGAINST THE CITY OR THE CONTRACTOR OR THE CONTRACTOR'S SUB CONTRACTORS, AGENTS, SERVANTS OR EMPLOYEES RESULTING FROM ACTIVITIES BY THE AFOREMENTIONED CONTRACTOR, SUB CONTRACTOR, AGENT SERVANTS OR EMPLOYEES, TO THE LIMITS OF § 725.06(2). In addition to the foregoing provisions, the Contractor agrees to conform to the following requirements: In connection with the performance of work under this contract, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, sex, religion, color, or national origin. The aforesaid provision shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay off or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post hereafter in conspicuous places, available for employees or applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the non-discrimination clause. The Contractor further agrees to insert the foregoing provisions in all contracts hereunder, including contracts or agreements with labor unions and/or worker's representatives, except sub-contractors for standard commercial supplies or raw materials. It is mutually agreed between the parties hereto that time is of the essence of this contract, and in the event that the work to be performed by the Contractor is not completed within the time stipulated herein, it is then further agreed that the City may deduct from such sums or compensation as may be due to the Contractor the sum of $1,000.00 per day for each day that the work to be performed by the Contractor remains incomplete beyond the time limit specified herein, which sum of $1,000.00 per day shall only and solely represent damages which the City has sustained by reason of the failure of the Contractor to complete the work within the time stipulated, it being further agreed that this sum is not to be construed as a penalty but is only to be construed as liquidated damages for failure of the Contractor to complete and perform all work within the time period as specified in this contract. It is further mutually agreed between the City and the Contractor that if, any time after the execution of this contract and the public construction bond which is attached hereto for the faithful performance of the terms and conditions as contained herein by the Contractor, that the City shall at any time deem the surety or sureties upon such public construction bond to be unsatisfactory or if, for any reason, the said bond ceases to be adequate in amount to cover the performance of the work the Contractor shall, at his or its own expense, within ten (10) days after receipt of written notice from the City to do so, furnish an additional bond or bonds in such term and amounts and with such surety or sureties as shall be satisfactory to the City. If such an event occurs, no further payment shall be made to the Contractor under the terms and provisions of this contract until such new or additional security bond guaranteeing the faithful performance of the work under the terms hereof shall be completed and furnished to the City in a form satisfactory to it. SECTION V – Contract Documents SECTION V Page 5 of 17 Updated: 5/4/2020 CONTRACT (3) In addition to all other contract requirements as provided by law, the contractor executing this agreement agrees to comply with public records law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, THE CONTRACTORS DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT. CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 727-562-4092, Rosemarie.Call@myclearwater.com, 600 Cleveland St. Clearwater, FL 33756 The contractor’s agreement to comply with public records law applies specifically to: a) Keep and maintain public records required by the City of Clearwater (hereinafter “public agency”) to perform the service being provided by the contractor hereunder. b) Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided for in Chapter 119, Florida Statutes, as may be amended from time to time, or as otherwise provided by law. c) Ensure that the public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. e) A request to inspect or copy public records relating to a public agency’s contract for services must be made directly to the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the contractor of the request and the contractor must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time. f) The contractor hereby acknowledges and agrees that if the contractor does not comply with the public agency’s request for records, the public agency shall enforce the contract provisions in accordance with the contract. g) A contractor who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. h) If a civil action is filed against a contractor to compel production of public records relating to a public agency’s contract for services, the court shall assess and award against the contractor the reasonable costs of enforcement, including reasonable attorney fees, if: 1. The court determines that the contractor unlawfully refused to comply with the public records request within a reasonable time; and SECTION V – Contract Documents SECTION V Page 6 of 17 Updated: 5/4/2020 CONTRACT (4) 2. At least 8 business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the contractor has not complied with the request, to the public agency and to the contractor. i) A notice complies with subparagraph (h)2. if it is sent to the public agency’s custodian of public records and to the contractor at the contractor’s address listed on its contract with the public agency or to the contractor’s registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. j) A contractor who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and have executed this Agreement, the day and year first above written. CITY OF CLEARWATER IN PINELLAS COUNTY, FLORIDA By: __________________________________ (SEAL) William B. Horne, II City Manager Attest: Countersigned: __________________________________________ Rosemarie Call City Clerk By: __________________________________ Approved as to form: Frank Hibbard Mayor __________________________________________ Owen Kohler Assistant City Attorney Contractor must indicate whether: ______ Corporation, ______ Partnership, ______ Company, or ______ Individual __________________________________________ (Contractor) By: _________________________ (SEAL) Print Name: ________________________________ Title: _____________________________________ The person signing shall, in his own handwriting, sign the Principal's name, his own name, and his title; where the person is signing for a Corporation, he must, by Affidavit, show his authority to bind the Corporation – provide Affidavit. SECTION V – Contract Documents SECTION V Page 7 of 17 Updated: 5/4/2020 CONSENT OF SURETY TO FINAL PAYMENT TO OWNER: City of Clearwater PROJECT NAME: Countryside Sports Complex Field Lighting – Phase II Parks and Recreation PROJECT NO.: 21-0006-PR 100 S. Myrtle Ave. CONTRACT DATE: [__________] Clearwater, FL 33756 BOND NO.: [__________], recorded in O.R. Book [____], Page [____], of the Public Records of Pinellas County, Florida. CONTRACTOR: [__________] Pursuant to § 255.05(11), Florida Statutes, and in accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the: [insert name of Surety] [address] [address] ,SURETY, on bond of [insert name of Contractor] [address] [address] ,CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve Surety of any of its obligations to City of Clearwater Parks and Recreation 100 S. Myrtle Ave. Clearwater, FL 33756 ,OWNER, as set forth in said Surety’s bond. IN WITNESS WHEREOF, the Surety has hereunto set its hand this ___ day of ___________, ______ __________________________________________ (Surety) __________________________________________ (Signature of authorized representative) __________________________________________ (Printed name and title) Attest: (Seal): SECTION V – Contract Documents SECTION V Page 8 of 17 Updated: 5/4/2020 PROPOSAL/BID BOND (Not to be filled out if a certified check is submitted) KNOWN ALL MEN BY THESE PRESENTS: That we, the undersigned, ______________________ __________________________________ as Contractor, and _____________________________ ______________________________ as Surety, whose address is ___________________________ ____________________________________________________, are held and firmly bound unto the City of Clearwater, Florida, in the sum of ___________________________________________ Dollars ($_______________) (being a minimum of 10% of Contractor's total bid amount) for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns. The condition of the above obligation is such that if the attached Proposal of ______________________ ____________________ as Contractor, and _______________________________________ as Surety, for work specified as: _____________________________________________________________ ____________________________________________________________________________________ all as stipulated in said Proposal, by doing all work incidental thereto, in accordance with the plans and specifications provided herefor, all within Pinellas County, is accepted and the contract awarded to the above named bidder, and the said bidder shall within ten days after notice of said award enter into a contract, in writing, and furnish the required Public Construction Bond with surety or sureties to be approved by the City Manager, this obligation shall be void, otherwise the same shall be in full force and virtue by law and the full amount of this Proposal/Bid Bond will be paid to the City as stipulated or liquidated damages. Principal must indicate whether: ______ Corporation, ______ Partnership, ______ Company, or ______ Individual Signed this ______ day of ____________________, 20____. __________________________________________ Contractor __________________________________________ Principal By: _______________________________________ Title __________________________________________ __________________________________________ Surety The person signing shall, in his own handwriting, sign the Principal's name, his own name, and his title; where the person is signing for a Corporation, he must, by Affidavit, show his authority to bind the Corporation – provide Affidavit. SECTION V – Contract Documents SECTION V Page 9 of 17 Updated: 5/4/2020 AFFIDAVIT (To be filled in and executed if the bidder is a corporation) STATE OF FLORIDA ) COUNTY OF _______________) _________________________________________, being duly sworn, deposes and says that he/she is Secretary of __________________________________________________________________________ a corporation organized and existing under and by virtue of the laws of the State of Florida, and having its principal office at: ____________________________________ _________________ ________________ ______ (Street & Number) (City) (County) (State) Affiant further says that he is familiar with the records, minute books and by-laws of _________________________________________________________________________________ (Name of Corporation) Affiant further says that ____________________________ is ______________________________ (Officer's Name) (Title) of the corporation, is duly authorized to sign the Proposal for _______________________________ or said corporation by virtue of ______________________________________________________ (state whether a provision of by laws or a Resolution of Board of Directors. If by Resolution give date of adoption). _________________________________________ __________________________________________ Affiant Sworn to before me this ______ day of ______________________, 20____. ___________________________________ Notary Public ___________________________________ Type/print/stamp name of Notary ___________________________________ Title or rank, and Serial No., if any SECTION V – Contract Documents SECTION V Page 10 of 17 Updated: 5/4/2020 NON-COLLUSION AFFIDAVIT STATE OF FLORIDA ) COUNTY OF _______________) _______________________________________ being, first duly sworn, deposes and says that he is _________________________________ of ___________________________________________, the party making the foregoing Proposal or Bid; that such Bid is genuine and not collusive or sham: that said bidder is not financially interested in or otherwise affiliated in a business way with any other bidder on the same contract; that said bidder has not colluded, conspired, connived, or agreed, directly or indirectly, with any bidders or person, to put in a sham bid or that such other person shall refrain from bidding, and has not in any manner, directly or indirectly, sought by agreement or collusion, or communication or conference, with any person, to fix the bid price or affiant or any other bidder, or to fix any overhead, profit or cost element of said bid price, or that of any other bidder, or to secure any advantage against the City of Clearwater, Florida, or any person or persons interested in the proposed contract; and that all statements contained in said proposal or bid are true; and further, that such bidder has not directly or indirectly submitted this bid, or the contents thereof, or divulged information or data relative thereto to any association or to any member or agent thereof. ____________________________________ Affiant Sworn to and subscribed before me this _______ day of _____________________________, 20____. ____________________________________ Notary Public SECTION V – Contract Documents SECTION V Page 11 of 17 Updated: 5/4/2020 PROPOSAL (1) TO THE CITY OF CLEARWATER, FLORIDA, for Countryside Sports Complex Field Lighting – Phase II (21-0006-PR) and doing such other work incidental thereto, all in accordance with the contract documents, marked Countryside Sports Complex Field Lighting – Phase II (21-0006-PR) Every bidder must take notice of the fact that even though his proposal be accepted and the documents signed by the bidder to whom an award is made and by those officials authorized to do so on behalf of the City of Clearwater, Florida, that no such award or signing shall be considered a binding contract without a certificate from the Finance Director that funds are available to cover the cost of the work to be done, or without the approval of the City Attorney as to the form and legality of the contract and all the pertinent documents relating thereto having been approved by said City Attorney; and such bidder is hereby charged with this notice. The signer of the Proposal, as bidder, also declares that the only person, persons, company or parties interested in this Proposal, are named in this Proposal, that he has carefully examined the Advertisement, Instructions to Bidders, Contract Specifications, Plans, Supplemental Specifications, General Conditions, Special Provisions, and Public Construction Bond, that he or his representative has made such investigation as is necessary to determine the character and extent of the work and he proposes and agrees that if the Proposal be accepted, he will contract with the City of Clearwater, Florida, in the form of contract; hereto annexed, to provide the necessary labor, materials, machinery, equipment, tools or apparatus, do all the work required to complete the contract within the time mentioned in the General Conditions and according to the requirements of the City of Clearwater, Florida, as herein and hereinafter set forth, and furnish the required surety bonds for the following prices to wit: If the foregoing Proposal shall be accepted by the City of Clearwater, Florida, and the undersigned shall fail to execute a satisfactory contract as stated in the Advertisement herein attached, then the City may, at its option determine that the undersigned has abandoned the contract, and thereupon this Proposal shall be null and void, and the certified check or bond accompanying this Proposal, shall be forfeited to become the property of the City of Clearwater, Florida, and the full amount of said check shall be retained by the City, or if the Proposal Bond be given, the full amount of such bond shall be paid to the City as stipulated or liquidated damages; otherwise, the bond or certified check accompanying this Proposal, or the amount of said check, shall be returned to the undersigned as specified herein. SECTION V – Contract Documents SECTION V Page 12 of 17 Updated: 5/4/2020 PROPOSAL (2) Attached hereto is a bond or certified check on __________________________________________ ____________________________________ Bank, for the sum of __________________________ ______________________________________________________________ ($_________________) (being a minimum of 10% of Contractor's total bid amount). The full names and residences of all persons and parties interested in the foregoing bid are as follows: (If corporation, give the names and addresses of the President and Secretary. If firm or partnership, the names and addresses of the members or partners. The Bidder shall list not only his name but also the name of any person with whom bidder has any type of agreement whereby such person's improvements, enrichment, employment or possible benefit, whether sub-contractor, materialman, agent, supplier, or employer is contingent upon the award of the contract to the bidder). NAMES: ADDRESSES: ________________________________________ _________________________________________ ________________________________________ _________________________________________ ________________________________________ _________________________________________ ________________________________________ _________________________________________ Signature of Bidder: ____________________________ The person signing shall, in his own handwriting, sign the Principal's name, his own name and his title. Where the person signing for a corporation is other than the President or Vice President, he must, by affidavit, show his authority, to bind the corporation. Principal: ___________________________________________________________________________ By: ___________________________________ Title: _____________________________________ Company Legal Name: _______________________________________________________________ Doing Business As (if different than above): _______________________________________________ Business Address of Bidder: ____________________________________________________________ City and State: _________________________________________________ Zip Code _______________ Phone: ________________________ Email Address: ________________________________________ Dated at ___________________________, this ______ day of _______________________, A.D., 20__. SECTION V – Contract Documents SECTION V Page 13 of 17 Updated: 5/4/2020 CITY OF CLEARWATER ADDENDUM SHEET PROJECT: Countryside Sports Complex Field Lighting – Phase II (21-0006-PR) Acknowledgment is hereby made of the following addenda received since issuance of Plans and Specifications. Addendum No. _____ Date: _____________ Addendum No. _____ Date: _____________ Addendum No. _____ Date: _____________ Addendum No. _____ Date: _____________ Addendum No. _____ Date: _____________ Addendum No. _____ Date: _____________ Addendum No. _____ Date: _____________ Addendum No. _____ Date: _____________ Addendum No. _____ Date: _____________ Addendum No. _____ Date: _____________ Addendum No. _____ Date: _____________ ____________________________________ (Name of Bidder) ____________________________________ (Signature of Officer) ____________________________________ (Title of Officer) ____________________________________ (Date) SECTION V – Contract Documents SECTION V Page 14 of 17 Updated: 5/4/2020 BIDDER’S PROPOSAL PROJECT: Countryside Sports Complex Field Lighting – Phase II 21-0006-PR __________________________________________________________________________________ CONTRACTOR: ____________________________________________________________________ BIDDER'S GRAND TOTAL: $_______________________________________________ (Numbers) BIDDER'S GRAND TOTAL: __________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________ (Words) BID ITEMS UNIT QTY UNIT TOTAL PRICE 1 Mobilization and Demobilization LS 1 $ 2 Video site condition prior to mobilization to the site and provide a flash drive to the Owner at first progress meeting. LS 1 $ 3 Install and remove one (1) project sign at location designated by the Owner. Contractor shall provide and install one (1) Fixed project sign as described in SECTION III, Article 23 of the Contract documents. Contractor shall remove project sign at the end of project. EA 1 $ 4 Install and remove temporary construction fencing provided by the Owner to include fence panels, fence panel stands and fence panel clamps for panel connection. Panels are 6 ft. high by 12 ft. long and set on stands, Contractor shall provide one (1) sand bag filled with sand for each stand. EA 42 $ 5 Disconnect electrical from existing sport lighting pole, carefully dismantle metal pole from concrete footer, remove exiting concrete footer EA 2 $ 6 Provide all materials to be purchased from MUSCO Lighting for Countryside Sports Complex Northeast soccer field (see sheet E0 MUSCO Quote which does not include sale tax.) LS 1 $ 7 Electrical Panel and all electrical components required to provide a functional electrical panel LS 1 $ SECTION V – Contract Documents SECTION V Page 15 of 17 Updated: 5/4/2020 8 Conduits - Contractor to verify existing conduit run from electrical panel location to the new and relocated poles location. This line item is for any additional electrical conduits not existing and the Contractor shall provide a drawing showing all additional conduit run in this line item price. LS 1 $ 9 Directional Bore three inch diameter electrical conduit (electrical contractor shall confirm size is adequate) and all miscellaneous items to bore this electrical conduit LF 450 $ 10 Copper Conductors and all miscellaneous items LS 1 $ 11 Electrical Junction boxes traffic rated, preferably finer concrete with lid labeled electric LS 1 $ 12 All electrical hardware and components to be provided for a complete operational sport lighting system per contract drawings not specified in any other line item. LS 1 $ 13 Dispose of all construction debris from the site at proper disposal site LS 1 $ 14 Fine grade disturbed areas and sod areas with Tiffway 419 Bermuda Sod LS 1 $ 15 Labor and equipment necessary to perform the work per contract drawings. LS 1 $ 16 Contractors performance surety bond LS 1 $ 17 General conditions LS 1 $ 18 Contractors Fee (profit) LS 1 $ SUBTOTAL $ 19 10 % CONTINGENCY LS 1 $ $ TOTAL CONSTRUCTION COSTS (ITEMS 1-19) $ THE BIDDER'S GRAND TOTAL ABOVE IS HIS TOTAL BID BASED ON HIS UNIT PRICES AND LUMP SUM PRICES AND THE ESTIMATED QUANTITIES REQUIRED FOR EACH SECTION. THIS FIGURE IS FOR INFORMATION ONLY AT THE TIME OF OPENING BIDS. THE CITY WILL MAKE THE TABULATION FROM THE UNIT PRICES AND LUMP SUM PRICE BID. IF THERE IS AN ERROR IN THE TOTAL BY THE BIDDER, IT SHALL BE CHANGED AS ONLY THE UNIT PRICES AND LUMP SUM PRICE SHALL GOVERN. THE CONTRACTOR SHALL PROVIDE COPIES OF A CURRENT CONTRACTOR LICENSE/REGISTRATION WITH THE STATE OF FLORIDA AND PINELLAS COUNTY IN THE BID RESPONSE. SECTION V – Contract Documents SECTION V Page 16 of 17 Updated: 5/4/2020 SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA CERTIFICATION FORM PER SECTION III, ITEM 25, IF YOUR BID IS $1,000,000 OR MORE, THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED, MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaging in business operations in Cuba and Syria; and 2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation and is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Sector List, or engaged in business operations in Cuba and Syria; and 3. Business Operations means, for purposes specifically related to Cuba or Syria, engaging in commerce in any form in Cuba or Syria, including, but not limited to, acquiring, developing, maintaining, owning, selling, possessing, leasing or operating equipment, facilities, personnel, products, services, personal property, real property, military equipment, or any other apparatus of business or commerce; and 4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals are placed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Sector List, or 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 SECTION V – Contract Documents SECTION V Page 17 of 17 Updated: 5/4/2020 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 COUNTRYSIDE SPORTS COMPLEX FIELD LIGHTING 21-0006-PRBID OPENING - JULY 8, 2021 AWARD - AUGUST 5, 2021BID ITEMS UNITQTY UNIT PRICE AMOUNT1Mobilization and Demobilization LS 115,000.00$ 15,000.00$ 2 Video site condition prior to mobilization to the site and provide a flashLS 1500.00$ 500.00$ 3 Install and remove one (1) project sign at location designated by the OwEA 12,500.00$ 2,500.00$ 4 Install and remove temporary construction fencing provided by the OwnEA 4250.00$ 2,100.00$ 5 Disconnect electrical from existing sport lighting pole, carefully dismanEA 22,500.00$ 5,000.00$ 6 Provide all materials to be purchased from MUSCO Lighting for CountLS 1142,776.00$ 142,776.00$ 7 Electrical Panel and all electrical components required to provide a funcLS 111,896.00$ 11,896.00$ 8Conduits - Contractor to verify existing conduit run from electrical LS 12,150.00$ 2,150.00$ 9Directional Bore three inch diameter electrical conduit (electrical LF 45016.00$ 7,200.00$ 10 Copper Conductors and all miscellaneous itemsLS 142,136.00$ 42,136.00$ 11 Electrical Junction boxes traffic rated, preferably finer concrete with lidLS 1450.00$ 450.00$ 12All electrical hardware and components to be provided for a complete LS 18,000.00$ 8,000.00$ 13Dispose of all construction debris from the site at proper disposal site LS 1800.00$ 800.00$ 14Fine grade disturbed areas and sod areas with Tiffway 419 Bermuda LS 13,000.00$ 3,000.00$ 15Labor and equipment necessary to perform the work per contract LS 124,000.00$ 24,000.00$ 16 Contractors performance surety bondLS 14,850.00$ 4,850.00$ 17 General conditionsLS 15,000.00$ 5,000.00$ 18 Contractors Fee (profit)LS 120,000.00$ 20,000.00$ SUBTOTAL297,358.00$ 1910% CONTINGENCYLS 129,735.80$ 29,735.80$ TOTAL CONSTRUCTION COSTS (ITEMS 1-19)327,093.80$ *DBE DISADVANTAGED BUSINESS ENTERPRISEBid Tabulations are not public until 30 days after bid opening or upon award by City Council, whichever occurs first. Himes Electric Company, Inc. 1040 Land o' Lakes Blvd Lutz, FL 33549 *DBE - NO Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9469 Agenda Date: 8/5/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 7.6 SUBJECT/RECOMMENDATION: Approve an amendment to the sponsorship agreement between ESPN Productions, Inc. (EPI) and the City of Clearwater to host the third year of the agreement in February 2022 rather than 2021 and authorize the appropriate officials to execute same. (consent) SUMMARY: On September 6, 2018, the City Council approved a three-year production sponsorship agreement with ESPN Productions, Inc. to host three softball events at E.C. Moore Softball Complex. February 2019 was the first event of the three-year council-approved agreement to host the signature event “ESPN Elite Invitational” at Eddie C. Moore Complex. In 2021, which would have been the third year of the agreement, the event was canceled due to travel restrictions placed on many of the Division 1 collegiate softball programs. This amendment allows EPI and the City of Clearwater to complete the three-year agreement by moving the date to a mutually agreed upon date in February of 2022. The amendment also clarifies language related to Covid related safety measures that EOI has added into their agreements. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 8/4/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9408 Agenda Date: 8/5/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.7 SUBJECT/RECOMMENDATION: Approve the amended and restated Interlocal Agreement between the City of Clearwater and the Tampa Bay Estuary Program (TBEP) and authorize the appropriate officials to execute same. (consent) SUMMARY: Since 1998, the City has had both a Policy and Management Member on the Tampa Bay Estuary Program Board. The City is one of the fifteen Local Governments or Agencies that make up this Board. This is the second amendment to the 1998 Interlocal Agreement. The original Interlocal Agreement was developed in 1998 and amended 2015. The participants in the Agreement have developed and adopted the Comprehensive Conservation & Management Plan (CCMP) for Tampa Bay. The CCMP presents goals for clean water and sediments, thriving habitats and abundant wildlife, and an informed, engaged, and responsible community. The CCMP is re-examined every five years and updated as appropriate. To achieve the CCMP goals, this agreement emphasizes regional cooperation and regulatory flexibility that allows participants to select cost-effective and environmentally beneficial by improvement options for their communities, so long as the goals of the CCMP are met. Amendments to the Interlocal Agreement include revised political boundaries and populations. The financial requirements of the Tampa Bay Estuary Program were redistributed based on changes in political boundaries (annexations) and populations (new development). These amendments resulted in a small reduction in the annual financial commitment from Clearwater. APPROPRIATION CODE 4191365-530300 Budgeted funds for FY22 are available in Stormwater cost center 41991365-530300, Other Contractual Services. Future year funding will be included in department FY budgets. Page 1 City of Clearwater Printed on 8/4/2021 1 TAMPA BAY ESTUARY PROGRAM AMENDED AND RESTATED INTERLOCAL AGREEMENT THIS TAMPA BAY ESTUARY PROGRAM INTERLOCAL AGREEMENT (the “Agreement”) is executed and made effective by and among the following governmental entities: 1. CITY OF CLEARWATER, a Florida municipal corporation; 2. CITY OF ST. PETERSBURG, a Florida municipal corporation; 3. CITY OF TAMPA, a Florida municipal corporation; 4. FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, a Florida state agency; 5. FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION’S FISH AND WILDLIFE RESEARCH INSTITUTE, an institute; 6. HILLSBOROUGH COUNTY, a political subdivision of the State of Florida; 7. THE ENVIRONMENTAL PROTECTION COMMISSION OF HILLSBOROUGH COUNTY, a political subdivision of the State of Florida; 8. MANATEE COUNTY, a political subdivision of the State of Florida; 9. PINELLAS COUNTY, a political subdivision of the State of Florida; 10. SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT, a public corporation of the State of Florida; 11. the TAMPA PORT AUTHORITY, an independent special district of the State of Florida; 12. the TAMPA BAY REGIONAL PLANNING COUNCIL, a Florida regional planning council; 13. TAMPA BAY WATER, a regional water supply authority; 14. PASCO COUNTY, a political subdivision of the State of Florida; and, 15. the MANATEE COUNTY PORT AUTHORITY, a dependent special district of the State of Florida, (collectively the “Parties” and each singularly a “Party”), and the following recitation of facts are provided in support of this Agreement: (A) The Tampa Bay National Estuary Program (hereinafter, “Tampa Bay Estuary Program” or “Program”) was established in 1991 to assist the Tampa Bay area in developing a 2 comprehensive plan to restore and protect Tampa Bay. The Tampa Bay Estuary Program was created by Interlocal Agreement dated February 27, 1998 (the “Original Interlocal Agreement”), as amended and restated August 10, 2015, and is governed by a Policy Board and advised by a Management Board. The Tampa Bay Estuary Program is a part of a national network of twenty- eight (28) National Estuary Programs established under the Federal Clean Water Act and administered nationally by the United States Environmental Protection Agency. (B) Local government and regulatory agency participants in the Tampa Bay Estuary Program consisting of the Parties described in the Preamble above, as well as the United States Environmental Protection Agency and the United States Army Corps of Engineers, have developed and unanimously adopted a Comprehensive Conservation & Management Plan for Tampa Bay, known as Charting the Course, dated December 1996, which was updated in May 2006, amended in February 2013, and updated again in 2017 (the “CCMP”), and are committed to its successful implementation. The CCMP seeks to ensure that Tampa Bay remains a vibrant part of the region's environmental and economic landscape by preserving and enhancing its roles as a recreational resource, international seaport, and home for fish and wildlife. (C) The CCMP presents goals for clean water and sediments; thriving habitats and abundant wildlife; and an informed, engaged and responsible community which will be re- examined at least once every five (5) years and updated as appropriate. To achieve the CCMP goals, this Agreement emphasizes regional cooperation and regulatory flexibility that allows the Parties to select cost-effective and environmentally beneficial bay improvement options for their communities, so long as the goals of the CCMP are met. 3 (D) The parties to the CCMP and the Original Interlocal Agreement, established the Tampa Bay Estuary Program as the first National Estuary Program to adopt a binding agreement for implementation of the CCMP, and now seek to ensure that the CCMP continues to be properly and effectively implemented. NOW THEREFORE, in consideration of the mutual promises contained in this Agreement, the receipt and adequacy acknowledged by them, the Parties agree as follows: ARTICLE ONE – INTRODUCTORY PROVISIONS 1.1 Recitals. The statements contained in the recitation of facts set forth above (collectively the "Recitation of Facts") are true and correct, and are hereby made a part of this Agreement by this reference. 1.2 Exhibits. The exhibits which are attached to this Agreement are by this reference made a part hereof. 1.3 Abbreviations and Definitions. The following abbreviations and definitions will be used for purposes of this Agreement: (a) The abbreviations and definitions contained in the Preamble will be used for purposes of this Agreement. (b) The abbreviations and definitions contained in the Recitals will be used for purposes of this Agreement. 4 (c) The term “Act” shall mean Section 163.01, Florida Statutes, the Florida Interlocal Cooperation Act of 1969. (d) The term “Action Plan(s)” shall mean the comprehensive action plans set forth in the CCMP, including initiatives and strategies to be undertaken to attain the CCMP Goals. (e) The term “Agreement” shall mean this Amended and Restated Interlocal Agreement between the Parties as it is presently constituted or as it may be amended from time to time. (f) The term “Army Corps” shall mean the United States Army Corps of Engineers, a federal agency. (g) The term “CCMP” shall mean the Comprehensive Conservation and Management Plan, dated December 1996, unanimously approved by the Parties, as updated in May 2006, amended in February 2013, and again updated in 2017, and as it may be amended from time to time. (h) The term “CCMP Goals” or “Goals” shall mean those goals and priorities of the CCMP set forth in Section 4.1 below, as amended from time to time. (i) The term “Clearwater” shall mean the City of Clearwater, a Florida municipal corporation. (j) The term “Cities” shall mean collectively Clearwater, St. Petersburg, and Tampa. (k) The term “Contribution” includes funding of the Tampa Bay Estuary Program, the Tampa Bay Environmental Restoration Fund, the Bay Mini Grant Program and/or projects which support the goals of the CCMP and are included in the approved Work Plan. 5 (1) The term “Counties” shall mean collectively Hillsborough, Manatee, Pasco, and Pinellas. (m) The term “DEP” shall mean the Florida Department of Environmental Protection, a Florida state agency. (n) The term “Effective Date” shall mean the date that all Parties have duly executed this Agreement and filing has been completed under Section 11.14 below. (o) The term “EPA” shall mean the United States Environmental Protection Agency, a federal agency. (p) The term “EPC” shall mean the Environmental Protection Commission of Hillsborough County, a political subdivision of the State of Florida. (q) The term “Full Budget” includes the Work Plan Budget and all other funding received by the Tampa Bay Estuary Program for projects, programs, operations and staffing. (r) The term “Funding Entity” shall mean and include Local Governments and SWFWMD. (s) The term “Hillsborough” shall mean Hillsborough County, a political subdivision of the State of Florida. (t) The term “Institute” shall mean the Florida Fish and Wildlife Conservation Commission’s Fish and Wildlife Research Institute. (u) The term “Local Governments” shall mean collectively the Cities and the Counties. (v) The term “Management Board” shall mean a board of the Tampa Bay Estuary Program, as set forth and described in Article Five below. 6 (w) The term “Manatee” shall mean Manatee County, a political subdivision of the State of Florida. (x) The term “Manatee Port Authority” shall mean Manatee County Port Authority, a dependent special district of the State of Florida. (y) The term “Original Interlocal Agreement” shall mean the Interlocal Agreement dated February 27, 1998. (z) The term “Tampa Bay Nitrogen Management Consortium” or “Consortium” shall mean an ad hoc task force of representatives from the currently existing Management Board, other municipalities and counties located within the Tampa Bay watershed, private entities, electric utility industry, fertilizer industry, other industries with permitted nitrogen discharges, agriculture representatives, and regulatory agencies. (aa) The term “Pasco” shall mean Pasco County, a political subdivision of the State of Florida. (bb) The term "Pinellas" shall mean Pinellas County, a political subdivision of the State of Florida. (cc) The term "Policy Board" shall mean a board of the Tampa Bay Estuary Program, as set forth and described in Article Five below. (dd) The term "Tampa Port Authority" shall mean the Tampa Port Authority, a Florida port authority. (ee) The term "Regulatory Agencies" shall mean the governmental agencies with regulatory authority as identified in each agency’s authorizing law or document creating such agency, district or commission, including EPA, DEP, EPC, Tampa Port Authority, and SWFWMD. 7 (ff) The term "St. Petersburg" shall mean the City of St. Petersburg, a Florida municipal corporation. (gg) The term “SWFWMD” shall mean the Southwest Florida Water Management District, a public corporation of the State of Florida. (hh) The term “Tampa” shall mean the City of Tampa, a Florida municipal corporation. (ii) The term “Tampa Bay Water” shall mean a regional water supply authority formed pursuant to Sections 373.713, 373.715 and 163.01, Florida Statutes. (jj) The term “TBRPC” shall mean the Tampa Bay Regional Planning Council, a Florida regional planning council. (kk) The term “Work Plan” shall mean the annual document outlining the previous year's accomplishments and the upcoming year’s priorities, projects, funding partners and expenditures to meet the requirements of the EPA’s Cooperative Agreement with the Tampa Bay Estuary Program pursuant to CWA 320, and adopted by the Policy Board. (ll) The term “Work Plan Budget” shall mean that portion of the Full Budget which includes the funding for projects identified in the Tampa Bay Estuary Program Work Plan. ARTICLE TWO – AMENDED AND RESTATED INTERLOCAL AGREEMENT 2.1 Authority. This Agreement is an interlocal agreement, as contemplated by the Act, and pursuant to the authority of subsection (4) of the Act, all of the Parties qualify to be a part of this Agreement under such Act. 8 2.2 Immunity. Pursuant to subsection (9) of the Act, all of the privileges and immunities from liability, exemptions from laws, ordinances and rules, and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents or employees of any public agent or employees of any public agency when performing their respective functions within the territorial limits for their respective agencies shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, or employees extraterritorially under the provisions of this Agreement. 2.3 Amendment and Restatement of Original Interlocal Agreement. This Agreement amends and restates the Original Interlocal Agreement, as previously amended and restated on August 10, 2015, in its entirety such that the Original Interlocal Agreement and all exhibits thereto are hereby superseded and subsumed into this Agreement, and all terms, obligations, powers and responsibilities regarding matters addressed herein and in the Original Interlocal Agreement shall be governed solely by this Agreement. All acts and omissions of the Parties hereto, their officers, employees, agents and assigns, and all of the officers, employees, agents and assigns of the Tampa Bay Estuary Program established as a legal entity pursuant to the Original Interlocal Agreement, taken or carried out pursuant to the Original Interlocal Agreement, are hereby ratified and affirmed under this Agreement. ARTICLE THREE – TERM 3.1 Term. The term of this Agreement is perpetual, commencing on the Effective Date (the “Term”), unless earlier terminated as provided herein. The first day of the Term (the "Effective 9 Date") will be referred to below as the "Commencement Date.” The last day of the Term will be referred to below as the "Termination Date.” 3.2 Sundown Review. This Agreement shall be subject to a review by the Policy Board five (5) years from the Effective Date of this Agreement and on the same day of each five (5) year period thereafter at which time the Policy Board shall evaluate the appropriateness and effectiveness of this Agreement and the Tampa Bay Estuary Program. The Policy Board shall vote by majority vote on whether to submit a recommendation to the Parties to terminate this Agreement, amend this Agreement or to let the status quo prevail. Should no action by the Parties occur, this Agreement shall continue for another five (5) year period. ARTICLE FOUR – CCMP 4.1 Adoption of CCMP Goals and Priorities. The Parties hereby agree that the Goals for Tampa Bay described in the CCMP are approved and adopted by each of them. The Goals for Tampa Bay are to maintain important water quality and seagrass gains achieved since 1991 and to maintain seagrass acreage at or above levels observed in 1950. The Goals focus on issues that must be addressed to sustain a healthier bay that will support both recreation and commerce, including but not limited to: clean water and sediments; thriving habitats and abundant wildlife; and an informed, engaged and responsible community. The Goals shall be achieved in the manner described in Section 4.3 below. The Parties shall use their best efforts to achieve the Goals within the time periods prescribed, and shall work cooperatively to attempt to achieve all of the Goals applicable to them in a cost-effective manner. Additionally, the Parties agree to work together in 10 good faith and through their best efforts to address other actions and recommendations in the CCMP. 4.2 Modification. The CCMP and its incorporated Goals for Tampa Bay shall not be amended, changed, extended, modified or supplemented without the unanimous written consent of all of the Parties, to be decided in their respective sole and absolute discretion. The Goals shall be re-examined by the Tampa Bay Estuary Program at least once every five (5) years in light of new knowledge or changed circumstances and updated accordingly. The Policy Board may elect by a majority vote to re-examine the Goals more frequently if warranted by them. When it has been determined by the Policy Board unanimously that a Goal has been met, the Policy Board will thereafter support efforts by the Parties and the Consortium, as appropriate, that provide for the ongoing maintenance of the resource. 4.3 Goals: Achievement. The only CCMP Goal that is to be achieved individually by any of the Parties is the nitrogen loading reduction/management, to be accomplished by the Local Governments and other members of the Consortium, as described in the “Reasonable Assurance Addendum: Allocation and Assessment Report” dated September 11, 2009, updated in the “2012 Reasonable Assurance Update” dated December 14, 2012, the “2017 Reasonable Assurance Update” dated September 29, 2017, and subsequent Reasonable Assurance Updates, and implemented through actions identified in the Consortium’s Action Plan Database (“Action Plan Database”). The Tampa Bay Estuary Program shall facilitate and assist the Parties to collectively address the remaining CCMP Goals. If a cumulative Goal is not met within its stated goal period, then the Tampa Bay Estuary Program will develop the additional projects necessary to address the 11 shortfall, including the funding sources, which projects and funding are subject to the approval of the Policy Board. 4.4 Nitrogen Management Consortium Responsibilities. The Consortium participants have made and are expected to continue to make significant contributions toward achieving the CCMP goal of nitrogen loading management by meeting entity-specific nitrogen load allocations as identified in the “Reasonable Assurance Addendum: Allocation and Assessment Report” dated September 11, 2009, updated in the “2012 Reasonable Assurance Update” dated December 14, 2012, the “2017 Reasonable Assurance Update” dated September 29, 2017, and approved by the Consortium participants. 4.5 Existing Projects. The Parties shall be able to take into account, in their nutrient management actions, projects that accomplish their designated responsibilities to the extent that such projects were completed and became operational on or after January 1, 1995. ARTICLE FIVE – STRUCTURE OF THE TAMPA BAY ESTUARY PROGRAM 5.1 Tampa Bay Estuary Program. The Tampa Bay Estuary Program was created and continues under authority of Section 163.01(7), Florida Statutes. The Tampa Bay Estuary Program shall have those powers specifically described in or contemplated by this Agreement, which shall be exercised by, or in accordance with policies or procedures approved by, the Policy Board. (a) The Tampa Bay Estuary Program shall: (i) Have the powers and be in compliance with subsection (5) of the Act; 12 (ii) Determine, adopt and implement a personnel policy for the recruitment, retention, supervision, discipline and evaluation of Tampa Bay Estuary Program employees and be solely responsible for any claims by its employees; (iii) Make purchases and enter into contracts in the manner determined and, adopted by the Policy Board in the operating procedures for the Tampa Bay Estuary Program; (iv) Determine the manner of acquisition, ownership, custody, operation, maintenance, lease or sale of real or personal property; (v) Determine the manner of the acceptance of gifts, grants, assistance funds or bequests; (vi) Determine the making of requests for federal, state, regional, local government or other aid or grants for the Tampa Bay Estuary Program, except as otherwise specifically described in this Agreement; (vii) Determine Tampa Bay Estuary Program’s manner of responding for any liabilities, debts, mortgages or claims that may be incurred through performance under this Agreement, provided that the Tampa Bay Estuary Program shall be solely liable and responsible for any such liabilities, debts, mortgages or claims incurred by or resulting from actions taken by the Tampa Bay Estuary Program; (viii) Determine the manner in which strict accountability of all funds shall be provided and the manner in which reports, including an annual independent audit, of all receipts and disbursements shall be prepared and presented to the Tampa Bay Estuary Program and all Parties; and, (ix) Determine, adopt and implement all other necessary and proper matters not otherwise covered above. 13 (b) The Tampa Bay Estuary Program will not promulgate, issue or make rules or regulations, bonds, tax, charge rates, fees or rents, condemn or possess any of the other governmental powers possessed by the other Parties except as specifically allowed by this Agreement. (c) In the event there is an undesignated fund balance held by the Tampa Bay Estuary Program, it shall be used in the manner determined by the Policy Board. (d) The adjudication of disputes or agreements, the effects of failure of adjudicated Parties to pay their share of the cost or expenses and the rights of other Parties in such cases shall be governed by this Agreement and applicable law. 5.2 Tampa Bay Estuary Program Functions and Responsibilities. The Tampa Bay Estuary Program shall have the following functions and responsibilities, which are not inconsistent with the Act or any provision of applicable law, and which shall be carried out by, or in accordance with, policies or procedures approved by the Policy Board: (a) To make and enter into contracts and assume such other functions as are necessary to carry out the provisions of any contracts entered into by the Tampa Bay Estuary Program; (b) To employ agencies or employees and establish salaries and personnel and employee benefit programs for such full time and temporary employees as are necessary to carry out the functions of the Tampa Bay Estuary Program; provided that the Tampa Bay Estuary Program shall be solely responsible for any claims by its employees; (c) To acquire, lease, construct, manage, maintain or operate buildings, works or improvements; 14 (d) To purchase, receive, or otherwise acquire, own, hold, sell, convey, lend, or otherwise dispose of, real, tangible or intangible personal property, or any legal or equitable interest in such property wherever located, and to the extent the Parties all have such power, to mortgage, pledge, or create a security interest in such property; (e) To incur debts, liabilities, obligations, borrow money, issue its notes and other obligations, and to the extent the Parties all have such power, to secure any of its obligations by mortgage or pledge of any of its property, income and make contracts of guaranty and suretyship which do not constitute the debts, liabilities or obligations of any of the Parties; (f) To adopt policies or procedures or rules pertaining to any of its operations and to conduct its business, locate offices, and exercise the powers granted by law; (g) To acquire and to perform all the things necessary to carry out the purposes of this Agreement separately or in conjunction with any of the Parties; (h) To conduct and pay for studies, plans and designs to effectuate the purpose of the Tampa Bay Estuary Program, which action may include, but is not limited to, plans for staffing, financing, research, advertising and marketing projects; (i) To enter into interlocal agreements, or other contracts with public or private entities, if necessary, for the purposes described in this Agreement; (j) To establish any future plan for participation of the Parties to effectuate the terms and provisions of this Agreement, which shall include plans for any additional funding for the purpose of performance of this Agreement; provided that any change, modification or amendment to the method of funding set forth herein must be approved by all of the Funding Entities; 15 (k) To appear on its own behalf before boards, commissions, departments, or other agencies of municipal, county, state, or federal government; provided, however, members of the Management Board, Technical Advisory Committee and Community Advisory Committee shall not support or oppose specific projects or permits when acting as, on behalf of, or representing said Board or Committees; provided further that Tampa Bay Estuary Program employees can provide scientific and technical information and participate in technical discussions, but shall not oppose or support specific projects or permits; (l) To request or accept any grant, payment, or gift, of funds or property made by the State of Florida, or by the United States or any department or agency thereof or by any individual, firm, corporation, municipality, county, or organization for any or all of the purposes of the Tampa Bay Estuary Program; and to expend such funds in accordance with the terms and conditions of any such grant, payment, or gift, in the pursuit of its administration or in support of the terms and provisions of this Agreement. The Tampa Bay Estuary Program shall separately account for the public funds and the private funds deposited into any authorized public depository; (m) To recommend changes, amendments or modifications to this Agreement, which will become effective only upon approval by all Parties; (n) To sue and be sued, complain, and defend in its entity name; (o) To transact any lawful business that will aid governmental policy; and (p) To make payments or donations or do any other act not inconsistent with law that furthers the affairs of the Tampa Bay Estuary Program. 5.3 Policy Board. The Policy Board of the Tampa Bay Estuary Program shall serve as the governing board of the Program and shall be made up of nine (9) voting directors appointed 16 by and representing the Cities, Counties, DEP and SWFWMD (collectively the "Policy Board Member(s)"), and one non-voting participant representing the EPA, and shall be known as the "Policy Board". The representative of each Policy Board Member and the EPA shall be appointed by such Policy Board Member or the EPA, respectively, from time to time. Each Policy Board Member and the EPA shall also appoint an alternate director for the Policy Board from time to time to serve when their director is not available. Each Policy Board Member and the EPA may change either their director or alternate director from time to time with prior written notice by a duly authorized representative of any change to the Policy Board before any meeting. The Policy Board shall have policy making powers for the Tampa Bay Estuary Program in addition to those powers explicitly set forth in this Agreement. Except as otherwise specifically set forth herein, a quorum for meetings shall be five (5) voting members and all action taken by the Policy Board shall be by a majority vote of the Policy Board directors in attendance, with the exception of the EPA representative who will not vote nor be counted for purposes of a quorum. All directors of the Policy Board shall serve without compensation. 5.4 Management Board. The Management Board of the Tampa Bay Estuary Program shall consist of representatives of each of the Parties (each of which shall be voting members), one of each of the existing Co-Chairs of the TAC and CAC (both referred to in Section 5.6 below) and the Industry Co-Chair of the Consortium (each of which shall be voting members), and representatives of the Army Corps and EPA (who will be nonvoting members) (the "Management Board"). The actual representatives of each of the Parties and the Army Corps and EPA shall be appointed by such Management Board member from time to time. Each of the Parties and the Army Corps and EPA shall also appoint an alternate member to the Management Board from time 17 to time, to serve when the actual representative is not available. Each of the Parties and EPA may change either their initial or alternate representatives from time to time with prior written notice by a duly authorized representative, to the Management Board before any meeting. The TAC and CAC shall not have alternate members, with only the alternating Co-Chairs being a member of the Management Board. The Management Board shall have managerial powers for the Tampa Bay Estuary Program to the extent delegated by the Policy Board, in addition to those powers explicitly set forth in this Agreement. Except as otherwise specifically set forth herein, a quorum for meetings shall be ten (10) voting members and all action taken by the Management Board shall be by a majority vote of the board members in attendance, with the exception of the Army Corps and EPA representatives who will not vote nor be counted for purposes of a quorum. New members may be added to the Management Board with Policy Board approval, and the Policy Board shall specify whether such new members shall be voting or nonvoting members. All directors of the Management Board shall serve without compensation. 5.5 Officers. The Policy Board shall elect (i) a Chair or Chairs of the Policy Board; and (ii) other Policy Board officers. The Management Board shall elect (i) a Chair or Chairs of the Management Board; and (ii) other Management Board officers. 5.6 Committees. The Policy Board, or the Management Board at the direction of the Policy Board, shall continue such existing advisory committees as it deems necessary, including without limitation, the Technical Advisory Committee ("TAC") and the Community Advisory Committee ("CAC"). All members of committees shall serve without compensation. 18 5.7 Limitations of Powers. The Tampa Bay Estuary Program shall have no powers of taxation, regulation or eminent domain. 5.8 Additional Board Members. The Tampa Bay Estuary Program may allow other governmental entities, regulatory agencies, or other entities, to the extent allowed by law, to participate in the Program as members of the Policy Board, provided they are unanimously approved by the Policy Board in their respective sole and absolute discretion. Upon unanimous approval of the Policy Board, such Party must execute a Joinder Agreement by which it agrees to comply with all of the provisions of this Agreement and agree to contribute to funding of the Tampa Bay Estuary Program. The funding amounts in Exhibit A will be amended accordingly to add the funding obligation of the new Policy Board Member, all as of the first day of the next fiscal year of the Tampa Bay Estuary Program. Once an entity is approved and has executed a Joinder Agreement, it will become a member of the Tampa Bay Estuary Program, of the Policy Board and of the Management Board with the same voting rights as the existing members of such entities or boards. The Policy Board may also allow other governmental entities or regulatory agencies to participate in the Program as members of the Management Board, provided that they must be unanimously approved by the Policy Board and the Management Board in their respective sole and absolute discretion and execute a Joinder Agreement. Once an entity has such approval and has executed a Joinder Agreement, it will become a member of the Management Board with the same voting rights as the existing members of such entities or board all as of the first day of the next fiscal year of the Tampa Bay Estuary Program. 19 5.9 Fiscal Year. The Tampa Bay Estuary Program shall observe a fiscal year beginning on October 1 and ending September 30 of each year, or such other fiscal year as may be required for special districts pursuant to Florida law. 5.10 Budgets. (a) No later than the last day of the month of February each year, the Policy Board shall review the Tampa Bay Estuary Program tentative Work Plan Budget, and shall thereafter approve the Work Plan Budget no later than the last day of May each year. The approved Work Plan Budget shall be included in the Tampa Bay Estuary Program Full Budget. (b) No later than the last day of the month of August and following preparation of a tentative Full Budget, the Policy Board shall publish a notice of its intention to adopt the Tampa Bay Estuary Program Full Budget. Following an appropriate public hearing, the Policy Board shall adopt the Tampa Bay Estuary Program Full Budget each year no later than the month of September covering its proposed operation and requirements for the fiscal year commencing on October 1 of that year. (c) The Policy Board shall give consideration to objections filed against the budget and in its discretion, may amend, modify or change the tentative Full Budget. The Policy Board, by September 30 following appropriate notice and hearing, shall adopt a Full Budget for the Tampa Bay Estuary Program, which shall thereupon be the operating and fiscal budget for the Tampa Bay Estuary Program for the ensuing fiscal year. (d) The Policy Board shall provide copies of the Work Plan and Full Budgets to the Parties, as well as the Army Corps and EPA, and such Work Plan and Full Budgets shall be accompanied by the estimated annual contribution of each of the Policy Board Members. The 20 notice of public hearing to adopt the Tampa Bay Estuary Program Full Budget shall be published in accordance with Florida law and shall inform the public that: (i) the tentative Full Budget shall be posted on the Tampa Bay Estuary Program website at least two (2) days before the public hearing; (ii) the Full Budget shall be posted on the Tampa Bay Estuary Program website within thirty (30) days following adoption; and (iii) the public will be afforded an opportunity to appear before the Policy Board and express support or objection to the Full Budget. 5.11 Bylaws. The Policy Board by unanimous vote shall create, adopt, amend and update Bylaws or appropriate rules of procedure for the Tampa Bay Estuary Program for its governance and which shall remain in effect until modified by the Policy Board. 5.12 Policies. The Tampa Bay Estuary Program shall adopt its operating rules and internal procedures as provided in Section 5.2(f) above. ARTICLE SIX – RESPONSIBILITIES OF THE PARTIES 6.1 Responsibilities of all Parties. By entering into this Agreement, the Parties intend to recommend actions and adjust strategies as needed to keep Tampa Bay's recovery on track. To that end, each of the Parties hereby agrees to: (a) Assist in implementing the CCMP nitrogen loading reduction/management Goal, to be accomplished by the Parties and other members of the Consortium, as described in the “Reasonable Assurance Addendum: Allocation and Assessment Report” dated September 11, 2009, and as updated in the “2012 Reasonable Assurance Update” dated December 14, 2012 and the “2017 Reasonable Assurance Update” dated September 29, 2017; 21 (b) Report in the Action Plan Database, which supports the CCMP and is maintained by the Tampa Bay Estuary Program, all available information about projects and actions that address nutrient reduction in Tampa Bay; (c) Assist in supporting CCMP habitat goals for Tampa Bay by assisting the Tampa Bay Estuary Program in implementing and recording habitat protection and restoration activities; and (d) Participate, as “responsible parties” identified in the CCMP, to implementation of Action Plans identified in the CCMP. 6.2 Additional Responsibilities of the Regulatory Agencies. The Regulatory Agencies agree that they will extend as much flexibility as is legally permissible under circumstances deemed appropriate by such agencies for projects that are part of an approved Action Plan set forth in the CCMP. 6.3 Regulatory Process Review. Subject to the above limitations, all Regulatory Agencies and all other Parties having regulatory functions agree to periodically review their regulatory processes and consider changes in statutes, ordinances, rules or policies that would assist in meeting the goals of the CCMP. Any such changes shall be made in keeping with the cooperative intent of this section and otherwise in this Agreement. 6.4 Responsibilities of the Tampa Bay Estuary Program. The Tampa Bay Estuary Program shall: (a) Serve as the coordinating body for the CCMP and assist the Parties in implementation thereof; 22 (b) Prepare, every two (2) years, a progress report on the status of CCMP implementation; (c) Assist the Parties in locating grants and other funds to aid in implementation of the projects set forth in the CCMP; (d) Coordinate outreach programs to promote public participation and facilitate restoration activities that support the CCMP Goals; (e) Coordinate the re-examination and updating of the CCMP every five (5) years; (f) Facilitate resolution of conflicts among the Parties; (g) Oversee atmospheric deposition, toxic contamination, climate change, habitat assessments, water quality evaluations and other research projects; (h) Develop Action Plans to address goals not currently being addressed in the CCMP; and, (i) If requested by any Party, the Tampa Bay Estuary Program Executive Director shall appear before that Party’s governing body to report on the Work Plan and any other matters of interest pertaining to the Tampa Bay Estuary Program. 6.5 Tampa Port Authority. The Tampa Port Authority is an independent special district created by the Florida Legislature under Chapter 95-488, Laws of Florida, as amended from time to time (the "Port Authority Enabling Act"). The Port Authority Enabling Act provides in part the Tampa Port Authority is responsible for regulating marine construction and management of sovereign submerged lands within the Hillsborough County Port District (the "Port Authority Regulatory Capacity"). Notwithstanding any provisions in this Agreement to the 23 contrary, the Tampa Port Authority is entering into this Agreement only to the extent of its Port Authority Regulatory Capacity. ARTICLE SEVEN – BUDGETING AND FUNDING 7.1 Tampa Bay Estuary Program Budget. The Policy Board is responsible for establishing the budget for the Tampa Bay Estuary Program and shall annually review and approve the budget. The budget will require approval by two-thirds (2/3) of all members of the Policy Board. 7.2 Funding. Subject to the provisions of Section 7.3 below, all non-federal Tampa Bay Estuary Program Work Plan budgeted costs shall be funded by the Funding Entities and allocated in accordance with Schedules 1 and 2 of Exhibit “A” hereto, as follows: (a) To support additional projects and CCMP implementation, all Funding Entities are encouraged to contribute to the Tampa Bay Estuary Restoration Fund (“TBERF”) at the following levels based upon current (2021) Tampa Bay Estuary Program dues: Dues TBERF Contribution Level A: Less than $40,000 per year At least $25,000 Level B: Between $40,000 and $65,000 At least $75,000 Level C: Greater than $65,000 At least $100,000 (b) Annual dues for Funding Entities will be determined by Schedule 1 of Exhibit “A” under the following conditions: 24 (i) If a Funding Entity contributes to the TBERF at the above levels in a particular year; or, (ii) In the case of SWFWMD, if SWFWMD provides funding to the Tampa Bay Estuary Program at the above levels through cooperative funding projects; or (iii) If a Funding Entity contributes to the Tampa Bay Estuary Program at the above levels through projects which support the goals of the CCMP, are included in the approved Work Plan, and include a ten percent (10%) administrative fee for the Tampa Bay Estuary Program. (c) Annual dues for Funding Entities will be determined by Schedule 2 of Exhibit “A” if section 7.2(b), above, does not apply. (d) On or before the end of fiscal year 2026, and every five (5) years thereafter, the Policy Board shall initiate review and approval of draft revisions to Schedules 1 and 2, and thereafter shall submit said revisions to the Funding Entities for their review and approval, with the option to amend or modify. If no action is taken by the end of fiscal year 2026, and every five (5) years thereafter, the funding levels shown in each Schedule shall continue at the same level (the then current Year Five level) until amended or modified by the Policy Board and the Funding Entities; (e) Management Board members that are not on the Policy Board are encouraged to contribute directly to the operations of Tampa Bay Estuary Program or to the TBERF; and, (f) The Funding Entities agree that if federal and other external funding increases beyond the levels on the Effective Date, and if the Tampa Bay Estuary Program’s undesignated fund balance reaches a level that is sufficient to support a full fiscal year of program 25 operations, then the Policy Board shall consider reducing their dues to the levels in place on the Effective Date. 7.3 Annual Approval. Each Policy Board director shall present for consideration and approval to its applicable legislative or governing body each fiscal year the funding levels described in Schedules 1 or 2 of Exhibit “A” hereof, but which funding decision is in the sole discretion of such applicable body. Such funding approval is a condition precedent to the funding obligation by such Funding Entity each year under Section 7.2 and Schedules 1 and 2 of Exhibit “A” attached hereto. 7.4 Non-Appropriation. (a) The obligations of the Funding Entities as to any funding required pursuant to this Agreement shall be limited to an obligation in any given year to budget, appropriate, and pay from legally available funds, after monies for essential services have been budgeted and appropriated, sufficient monies for the funding that is required during that year. Further, the Funding Entities shall not be prohibited from pledging any legally available non ad valorem revenues for any obligations prior to or after the execution of this Agreement and not including the commitments pursuant to this Agreement, which pledge shall be prior and superior to any commitments of the Funding Entities pursuant to this Agreement. (b) Notwithstanding any other provisions of this Agreement, the obligations undertaken by the Funding Entities hereto shall not be construed to be or constitute general obligations’, debts or liabilities of any Funding Entity or the State of Florida or any political subdivision, municipal corporation or agency thereof within the meaning of the Constitution and laws of the State of Florida, but shall be payable solely in the manner and to the extent provided 26 in or contemplated by this Agreement. The obligations of the Funding Entities hereunder are subject to annual appropriation of legally available non ad valorem funds by their respective governing boards, and shall not constitute or create a pledge, lending of credit or lien, either legal or equitable, of or on any of their ad valorem revenues or funds, or upon any other revenues or funds of the Funding Entities, as may be construed under the laws or the Constitution of the State of Florida. Neither any Funding Entity nor any other person or entity shall ever have the right to compel any exercise of ad valorem taxing power by any other Funding Entity to make the payments herein provided, nor shall this Agreement constitute a charge, lien or encumbrance, either legal or equitable, upon any property or funds of any Funding Entity. (c) Notwithstanding anything contained herein, each of the Funding Entities reserves the right, in its sole discretion, to pay the funding obligations contemplated by this Agreement from any Funds legally available for such purpose. ARTICLE EIGHT – DEFAULT In the event any Party is determined to be in willful and significant noncompliance with the CCMP Goals or with the terms of this Agreement, the Policy Board may, by a unanimous vote by all Parties except the Party charged with being in default, recommend the removal of such non- complying Party from this Agreement. Prior to any such vote by the Policy Board, the non- complying Party shall be given a notice of its non-compliance and an opportunity to remedy the problem within a reasonable period or to a public hearing before the Policy Board if there is a dispute whether a default exists. If a Party is found to be in noncompliance with permits by the applicable Regulatory Agency(ies), the permit granting agencies may take actions to enforce their 27 permits against such non-complying Party under their own respective laws and regulations. If any Party is discharged under this Article Eight, (i) all monies previously paid hereunder shall be conclusively deemed earned and not subject to return to such Party, (ii) any future funding responsibility of such party shall terminate, and (iii) this Agreement shall continue as to the remaining Parties. Provided, however, any funds paid before termination but not expended shall only be used by the Tampa Bay Estuary Program in accordance with the approved budget for which such contribution was made. ARTICLE NINE – NOTICE Any and all notices required or permitted to be given hereunder shall be in writing, and shall be provided if either personally delivered to the Party at the addresses set forth in Exhibit "B," transmitted by electronic facsimile machine to the fax numbers listed, or sent by U.S. certified or registered mail, postage prepaid, return receipt requested, to such addresses, all such notices being effective upon delivery to and receipt by the Parties, unless the respective Party or Parties notify all other Parties in writing in accordance herewith of a change of address and/or representative at such address authorized to receive any and all such notices, in which case any and all such notices shall be delivered and/or mailed as aforesaid to said Party or Parties at such new address with respect to such Party. 28 ARTICLE TEN – WITHDRAWAL OF A PARTY Notwithstanding anything contained in this Agreement to the contrary, any Party hereto shall have the right to withdraw as a Party to this Agreement by providing one hundred eighty (180) days prior written notice as set forth in Article Nine above. Such withdrawal of a Party shall occur only if the withdrawing Party provides one hundred eighty (180) days prior written notice to the other Parties. On the day following the end of such one hundred eighty (180) day period, the withdrawing Party shall no longer be considered a Party to this Agreement. Provided however, even though such withdrawing Party shall have withdrawn as a Party to this Agreement as set forth above in this Article, such withdrawing Party shall continue to be subject to all applicable laws and regulations, without the benefit of being a Party hereto to this Agreement. If a Party withdraws under this Article Ten, (i) all monies previously paid hereunder shall be conclusively deemed earned and not subject to return to such Party; (ii) the future funding responsibility of such Party shall continue for the longer of the period of such one hundred eighty (180) days or until the end of the current fiscal year, and (iii) this Agreement shall continue as to the remaining Parties. ARTICLE ELEVEN – MISCELLANEOUS PROVISIONS 11.1 No Third Party Beneficiaries. This Agreement shall inure to the benefit of the Parties. This Agreement is for the exclusive benefit of the Parties, and shall not be deemed to be made for the benefit of any other persons not so specified. 29 11.2 Modification. This Agreement may be modified, altered or amended only by a written instrument recommended by the Policy Board and subsequently approved and executed by the Parties hereto. 11.3 Complete Agreement. This Agreement constitutes the full, complete and wholly independent agreement among the Parties with regard to the matters addressed herein. This Agreement also supersedes all prior agreements, memorandums of understanding, representations, and statements among the Parties with respect to the matters addressed herein, either written or oral. 11.4 Severability Clause. If any clause, provision or section of this Agreement shall be held to be illegal or invalid by any court, the invalidity of such clause, provision or section shall not affect any of the remaining clauses, provisions or sections hereof, and this Agreement shall be construed and enforced as if such illegal or invalid clause, provision or section had not been contained herein. 11.5 Governing Law. Existing and future laws, rules and regulations of the United States and its agencies, the State of Florida and its agencies and the other Parties to this Agreement shall take precedence over the terms and provisions of this Agreement in case of conflict or inconsistencies between them. The laws of the United States or State of Florida as appropriate and applicable, shall govern the validity, performance and enforcement of this Agreement, regardless of the state in which this Agreement is being executed. 30 11.6 Public Purpose. This Agreement satisfies, fulfills and is pursuant to and for a public purpose and municipal purpose and is in the public interest, and is a proper exercise of each Party's power and authority under each Party's individual municipal or governmental authority. 11.7 Performance Standards. None of the provisions in this Agreement shall be deemed in any manner to amend, modify or otherwise change any of the provisions or regulations or ordinances of any municipality or governmental agency which is a Party to this Agreement to allow a performance standard less than is otherwise required under the terms of those provisions or regulations or ordinances. 11.8 Survival. All of the representations and warranties set forth in this Agreement shall survive the consummation of any and all of the transactions described in this Agreement and the termination of this Agreement, and shall not be deemed to be merged in this Agreement or any other instrument which may be executed and delivered pursuant to this Agreement. 11.9 Authority. None of the Parties has any authority to bind or make any oral or written representations on behalf of the other Parties, and nothing contained in this Agreement shall designate any one or more of the Parties as partners with or agents for any one or more of the other Parties. 11.10 Headings Not a Part Hereof. The headings preceding the several articles and sections hereof (and any table of contents hereto) are solely for convenience of reference, do not constitute a part of this Agreement, and shall not affect its meaning, construction or effect. 31 11.11 Counterparts. This Agreement may be executed in one or more counterparts, each of which may be executed by less than all of the parties but all of which shall be construed together as a single instrument. This Agreement shall become effective upon the exchange of original counterpart signature pages signed by all of the parties, but if such initial exchange occurs by facsimile, original signature pages will be exchanged within ten days of the date hereof. 11.12 Binding Effect. This Agreement shall bind the successors and assigns of the Parties. 11.13 Execution. This Agreement shall not be effective nor shall it have any force and effect whatsoever until all of the Parties have duly executed this Agreement and filed the Agreement pursuant to Section 11.14 below. 11.14 Filing. The Tampa Bay Estuary Program shall, pursuant to Section 163.01(11), Florida Statutes, file a copy of this Agreement and any amendments thereto with the Clerk of the Circuit Court of each County where the Parties are located. 11.15 Conditions Precedent. The Parties encourage the Army Corps to execute a Joinder to this Agreement and encourage the EPA to enter into a Memorandum of Understanding with the Tampa Bay Estuary Program concerning this Agreement, but said Joinder and Memorandum of Understanding shall not be a precondition to the effectiveness of this Agreement. IN WITNESS WHEREOF, the Parties hereto caused this Agreement to be executed, under seal, and it shall become effective upon completion of filing in accordance with Section 11.14, hereto. 32 [INTENTIONALLY LEFT BLANK] 33 CITY OF CLEARWATER, a Florida municipal corporation Countersigned: By: ________________________________ By: ________________________________ Frank Hibbard, Mayor William B. Horne II, City Manager Date: _______________________________ APPROVED AS TO FORM: Attest: __________________________________ __________________________________ Assistant City Attorney City Clerk (SEAL) 34 CITY OF ST. PETERSBURG, a Florida municipal corporation Attest: By: ________________________________ ________________________________ Print Name: _________________________ City Clerk Title: _______________________________ Date: _______________________________ APPROVED AS TO FORM: ATTEST: ________________________________ ___________________________________ City Attorney (Designee) City Clerk (SEAL) 35 CITY OF TAMPA, a Florida municipal corporation Attest: ________________________________ By: ________________________________ City Clerk or Deputy Clerk Jane Castor, Mayor Date: _______________________________ APPROVED AS TO FORM: (SEAL) ________________________________ Janice M. McLean, Senior Assistant City Attorney 36 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Attest: ________________________________ By: ________________________________ Print Name: _________________________ Title: _______________________________ Date: _______________________________ APPROVED AS TO FORM: (SEAL) ________________________________ Assistant General Counsel 37 FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION’S FISH AND WILDLIFE RESEARCH INSTITUTE By: ________________________________ Print Name: _________________________ Title: _______________________________ Date: _______________________________ APPROVED AS TO FORM: (SEAL) ________________________________ FWC Legal Counsel 38 HILLSBOROUGH COUNTY, a political subdivision of the State of Florida Attest: Cindy Stuart, Clerk ________________________________ By: ________________________________ By: Deputy Clerk Chairperson Print Name: ______________________ Print Name: _________________________ Date: _______________________________ APPROVED AS TO FORM: (SEAL) ________________________________ Vivian Arenas-Battles Senior Assistant County Attorney 39 THE ENVIRONMENTAL PROTECTION COMMISSION OF HILLSBOROUGH COUNTY, a political subdivision of the State of Florida Attest: ________________________________ By: ________________________________ Print Name: _________________________ Title: _______________________________ Date: _______________________________ APPROVED AS TO FORM: (SEAL) ________________________________ EPC Attorney 40 MANATEE COUNTY, a political subdivision of the State of Florida Attest: ________________________________ By its Board of County Commissioners Angelina Colonneso, Clerk of the Circuit Court ________________________ By: ________________________________ Deputy Clerk Chairperson Print Name: _________________________ Date: _______________________________ (SEAL) 41 MANATEE COUNTY PORT AUTHORITY, a dependent special district of the State of Florida Attest: ________________________________ Clerk of the Circuit Court ________________________________ By: ________________________________ Deputy Clerk Chairperson Print Name: _________________________ Date: _______________________________ APPROVED AS TO FORM: (SEAL) ________________________________ Attorney for Manatee County Port Authority 42 PASCO COUNTY, a political subdivision of the State of Florida Attest: ________________________________ By: ________________________________ Nikki Alvarez-Sowles, Esq. Clerk & Comptroller Title: Chairperson Print Name: _________________________ Date: _______________________________ (SEAL) 43 PINELLAS COUNTY, a political subdivision of the State of Florida Attest: ________________________________ By: ________________________________ Clerk of the Circuit Court Barry Burton Title: County Administrator Date: _______________________________ APPROVED AS TO FORM: (SEAL) ________________________________ Assistant County Attorney 44 SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT, a public corporation of the State of Florida By: ________________________________ Chair Print Name: _________________________ Date: _______________________________ APPROVED AS TO FORM: (SEAL) ________________________________ Assistant General Counsel 45 TAMPA PORT AUTHORITY, an independent special district of the State of Florida Attest: ________________________________ By: ________________________________ Print Name: _________________________ Title: _______________________________ Date: _______________________________ APPROVED AS TO FORM: (SEAL) ________________________________ General Counsel 46 TAMPA BAY REGIONAL PLANNING COUNCIL, a Florida regional planning council By: ________________________________ Sean Sullivan Title: Executive Director Date: ________________________________ APPROVED AS TO FORM: (SEAL) ________________________________ General Counsel 47 ATTEST: TAMPA BAY WATER, a Regional Water Supply Authority ________________________________ By: ________________________________ Secretary Its: Chairman Date: _______________________________ APPROVED AS TO FORM: (SEAL) ________________________________ General Counsel 48 EXHIBIT “A” 49 SCHEDULE 1 (with consideration of a TBERF contribution) GOAL: Maintain program operations with funding entities adjusting the base local dues (Schedule 2) annually by 2.5% and subtracting 10% TBERF administration contributions through FY2026. Maintain SWFWMD funding level at FY2021 rate. Funding schedule for other entities in FY2022 adjusted to 2018 American Community Survey, US Census Bureau, Census Tract population estimates (Table B00001)a. Funding Entity FY2022 FY2023 FY2024 FY2025 FY2026 SWFWMD $156,513 $156,513 $156,513 $156,513 $156,513 City of Clearwater $18,488 $19,074 $19,786 $20,516 $21,264 City of St. Petersburg $42,076 $43,410 $45,030 $46,691 $48,394 City of Tampa $62,361 $64,337 $66,739 $69,201 $71,724 Pasco County $34,536 $35,630 $36,960 $38,324 $39,721 Manatee County $45,829 $47,282 $49,047 $50,856 $52,710 Pinellas County $65,730 $67,813 $70,345 $72,939 $75,599 Hillsborough County $156,491 $161,452 $167,479 $173,657 $179,989 Total Local Dues $582,023 $595,511 $611,899 $628,696 $645,914 Projected Total Funds Needed for Program Operations $966,239 (FY2021) $990,395 $1,015,155 $1,040,534 $1,066,547 Funding shortfall needed for Program Operations (in addition to funding entities listed above + 10% TBERF Contributions) $326,716 $334,884 $343,256 $351,838 $360,633 a US Census Bureau Data Portal: https://data.census.gov/ . 50 SCHEDULE 2 (without consideration of a TBERF contribution) GOAL: Maintain program operations with funding entities adjusting annually by 2.5% through FY2026. Maintain SWFWMD levels at FY2021 rate. Funding schedule for other entities in FY2022 adjusted to 2018 American Community Survey, US Census Bureau, Census Tract population estimates (Table B00001)b. Funding Entity FY2022 FY2023 FY2024 FY2025 FY2026 SWFWMD $202,505 $202,505 $202,505 $202,505 $202,505 City of Clearwater $18,988 $19,683 $20,395 $21,125 $21,873 City of St. Petersburg $43,214 $44,795 $46,415 $48,076 $49,779 City of Tampa $64,047 $66,390 $68,792 $71,254 $73,777 Pasco County $35,470 $36,767 $38,097 $39,461 $40,858 Manatee County $47,068 $48,790 $50,555 $52,365 $54,219 Pinellas County $67,507 $69,977 $72,509 $75,103 $77,763 Hillsborough County $160,724 $166,604 $172,631 $178,808 $185,140 Total Local Dues $639,523 $655,511 $671,899 $688,696 $705,914 Projected Total Funds Needed for Program Operations $966,239 (FY2021) $990,395 $1,015,155 $1,040,534 $1,066,547 Funding shortfall needed for Program Operations (in addition to funding entities listed above) $326,716 $334,884 $343,256 $351,838 $360,633 b US Census Bureau Data Portal: https://data.census.gov/ . 51 EXHIBIT “B” If to Clearwater: City of Clearwater P. O. Box 4748 Clearwater, FL 34618-4748 Attn: City Attorney If to St. Petersburg: City of St. Petersburg One Fourth Street North St. Petersburg, FL 33701 Attn: City Attorney If to Tampa: City of Tampa 306 E. Jackson Street Tampa, FL 33602 Attn: City Attorney If to FDEP Florida Department of Environmental Protection Southwest District Office 13051 N. Telecom Parkway Temple Terrace, FL 33637 Attn: District Director If to Fish & Wildlife Research Institute Florida Fish & Wildlife Conservation Commission’s Fish and Wildlife Research Institute 100 8th Avenue SE St. Petersburg, FL 33701 Attn: Director If to Hillsborough County: Hillsborough County Environmental Management Division 601 E. Kennedy Blvd. Tampa, FL 33602 Attn: Director If to EPC Environmental Protection Commission of Hillsborough County 3629 Queen Palm Drive Tampa, FL 33619 Attn: General Counsel If to Manatee County Manatee County 1112 Manatee Avenue West, Suite 920 Bradenton, FL 34205 Attn: County Administrator 52 If to Manatee Port Authority Manatee County Port Authority 300 Tampa Bay Way Palmetto, FL 34221 Attn: Executive Director If to Pasco County Pasco County 8731 Citizens Dr., Suite 350 New Port Richey, FL 34654 Attn: County Administrator If to Pinellas County Pinellas County 315 Court Street, Room 601 Clearwater, FL 33756 Attn: County Administrator If to SWFWMD: Southwest Florida Water Management District 2379 Broad Street Brooksville, FL 34609 Attn: General Counsel If to Tampa Port Authority: Tampa Port Authority P.O. Box 2192 Tampa, FL 33601 Attn: General Counsel If to TBRPC: Tampa Bay Regional Planning Council 4000 Gateway Centre Blvd., Suite 100 Pinellas Park, FL 33782 Attn: Executive Director If to Tampa Bay Water: Tampa Bay Water 2575 Enterprise Road Clearwater, FL 33763 Attn: General Manager 1 LEGEND: Black Text: Funding schedules, as defined in the current Interlocal Agreement upon execution of the Pasco County Joinder Agreement in 2016. Blue Text: Initial recommended language updates and updates to the funding schedules for Management and Policy Board review, as defined in the DRAFT Interlocal Agreement Update distributed via email on Nov. 23, 2020. Red Text: Additional proposed interlocal agreement language updates and updated funding schedules based upon all partner comments received as of January 22, 2021. These additional changes were proposed for insertion in the FINAL Interlocal Agreement Update and approved at the February 2021 Management and Policy Boards. Green Text: Scrivener’s corrections addressing additional partner comments received after February 19, 2021 Policy Board meeting and presented at TBEP’s May 2021 Board meetings. 2 TAMPA BAY ESTUARY PROGRAM AMENDED AND RESTATED INTERLOCAL AGREEMENT THIS TAMPA BAY ESTUARY PROGRAM INTERLOCAL AGREEMENT (the “Agreement”) is executed and made effective by and among the following governmental entities: 1. CITY OF CLEARWATER, a Florida municipal corporation; 2. CITY OF ST. PETERSBURG, a Florida municipal corporation; 3. CITY OF TAMPA, a Florida municipal corporation; 4. FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, a Florida state agency; 5. FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION’S FISH AND WILDLIFE RESEARCH INSTITUTE, an institute; 6. HILLSBOROUGH COUNTY, a Florida political subdivision of the State of Florida; 7. THE ENVIRONMENTAL PROTECTION COMMISSION OF HILLSBOROUGH COUNTY, a political subdivision of the State of Florida; 8. MANATEE COUNTY, a Florida political subdivision of the State of Florida; 9. PINELLAS COUNTY, a Florida political subdivision of the State of Florida; 10. SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT, a public corporation of the State of Florida; 11. the TAMPA PORT AUTHORITY, an independent special district of the State of Florida a Florida port authority; 12. the TAMPA BAY REGIONAL PLANNING COUNCIL, a Florida regional planning council; and 13. TAMPA BAY WATER, a regional water supply authority; 14. PASCO COUNTY, a political subdivision of the State of Florida; and, 14 15. the MANATEE COUNTY PORT AUTHORITY, a dependent special district of the State of Florida, (collectively the “Parties” and each singularly a “Party”), and the following recitation of facts are provided in support of this Agreement: (A) The Tampa Bay National Estuary Program (hereinafter, “Tampa Bay Estuary Program” or “Program”) was established in 1991 to assist the Tampa Bay area in developing a 3 comprehensive plan to restore and protect Tampa Bay. The Tampa Bay Estuary Program was created by Interlocal Agreement dated February 27, 1998 (the “Prior Original Interlocal Agreement”), as amended and restated August 10, 2015, and is governed by a Policy Board and advised by a Management Board. The Tampa Bay Estuary Program is a part of a national network of twenty-eight (28) National Estuary Programs established under the Federal Clean Water Act and administered nationally by the United States Environmental Protection Agency. (B) Local government and regulatory agency participants in the Tampa Bay Estuary Program consisting of the Parties described in the Preamble above, as well as the United States Environmental Protection Agency and the United States Army Corps of Engineers, have developed and unanimously adopted a Comprehensive Conservation & Management Plan for Tampa Bay, known as Charting the Course, dated December 1996, which was updated in May 2006, and amended in February 2013, and updated again in 2017 (the “CCMP”), and are committed to its successful implementation. The CCMP seeks to ensure that Tampa Bay remains a vibrant part of the region's environmental and economic landscape by preserving and enhancing its roles as a recreational resource, international seaport and home for fish and wildlife. (C) The CCMP presents goals for the improvement of Water & Sediment Quality, Bay Habitats, Fish & Wildlife, Spill Prevention and Response, Dredging and Dredged Material Management, Invasive Species, Public Education and Involvement, and Climate Change clean water and sediments; thriving habitats and abundant wildlife; and an informed, engaged and responsible community which will be re-examined at least once every five (5) years and updated as appropriate. To achieve the CCMP goals, this Agreement emphasizes regional cooperation and 4 regulatory flexibility that allows the Parties to select cost-effective and environmentally beneficial bay improvement options for their communities, so long as the goals of the CCMP are met. (D) The parties to the CCMP and the Original Interlocal Agreement dated February 27, 1998, established the Tampa Bay Estuary Program as the first National Estuary Program to adopt a binding agreement for implementation of the CCMP to ensure that the CCMP is implemented, and now seek to ensure that the CCMP continues to be properly and effectively implemented. NOW THEREFORE, in consideration of the mutual promises contained in this Agreement, the receipt and adequacy acknowledged by them, the Parties agree as follows: ARTICLE ONE – INTRODUCTORY PROVISIONS 1.1 Recitals. The statements contained in the recitation of facts set forth above (collectively the "Recitation of Facts") are true and correct, and are hereby made a part of this Agreement by this reference. 1.2 Exhibits. The exhibits which are attached to this Agreement are by this reference made a part hereof. 1.3 Abbreviations and Definitions. The following abbreviations and definitions will be used for purposes of this Agreement: (a) The abbreviations and definitions contained in the Preamble will be used for purposes of this Agreement. 5 (b) The abbreviations and definitions contained in the Recitals will be used for purposes of this Agreement. (c) The term “Act” shall mean Section 163.01, Florida Statutes the Florida Interlocal Cooperation Act of 1969. (d) The term “Action Plan(s)” shall mean the comprehensive action plans set forth in the CCMP, including initiatives and strategies to be undertaken to attain the CCMP Goals. (e) The term “Agreement” shall mean this Amended and Restated Interlocal Agreement between the Parties as it is presently constituted or as it may be amended from time to time. (f) The term “Army Corps” shall mean the United States Army Corps of Engineers, a federal agency. (g) The term “CCMP” shall mean the Comprehensive Conservation and Management Plan, dated December 1996, unanimously approved by the Parties, as updated in May 2006, amended in February 2013, and again updated in 2017, and as it may be amended from time to time. (h) The term “CCMP Goals” or “Goals” shall mean those goals and priorities of the CCMP set forth in Section 4.1 below, as amended from time to time. (i) The term “Clearwater” shall mean the City of Clearwater, a Florida municipal corporation. (j) The term “Cities” shall mean collectively Clearwater, St. Petersburg, and Tampa. 6 (k) The term “Contribution” includes funding of the Tampa Bay Estuary Program, the Tampa Bay Environmental Restoration Fund, the Bay Mini Grant Program and/or projects which support the goals of the CCMP and are included in the approved Work Plan. (1) The term “Counties” shall mean collectively Hillsborough, Manatee, Pasco and Pinellas. (m) The term “DEP” shall mean the Florida Department of Environmental Protection, a Florida state agency. (n) The term “Effective Date” shall mean the date that all Parties have duly executed this Agreement and filing has been completed under Section 11.14 below. (o) The term “EPA” shall mean the United States Environmental Protection Agency, a federal agency. (p) The term “EPC” shall mean the Environmental Protection Commission of Hillsborough County, a political subdivision of the State of Florida. (q) The term “Full Budget” includes the Work Plan Budget and all other funding received by the Tampa Bay Estuary Program for projects, programs, operations and staffing. (r) The term “Funding Entity” shall mean and include Local Governments and SWFWMD. (s) The term “Hillsborough” shall mean Hillsborough County, a Florida political subdivision of the State of Florida. (t) The term “Institute” shall mean the Florida Fish and Wildlife Conservation Commission’s Fish and Wildlife Research Institute. 7 (u) The term “Local Governments” shall mean collectively the Cities and the Counties. (v) The term “Management Board” shall mean a board of the Tampa Bay Estuary Program, as set forth and described in Article Five below. (w) The term “Manatee” shall mean Manatee County, a Florida political subdivision of the State of Florida. (x) The term “Manatee Port Authority” shall mean Manatee County Port Authority, a dependent special district of the State of Florida. (y) The term “Original Interlocal Agreement” shall mean the Interlocal Agreement dated February 27, 1998. (z x) The term “Tampa Bay Nitrogen Management Consortium” or “Consortium” shall mean an ad hoc task force of representatives from the currently existing Management Board, other municipalities and counties located within the Tampa Bay watershed, private entities, electric utility industry, fertilizer industry, other industries with permitted nitrogen discharges, agriculture representatives, and regulatory agencies. (aa) The term “Pasco” shall mean Pasco County, a political subdivision of the State of Florida. (bb y) The term "Pinellas" shall mean Pinellas County, a Florida political subdivision of the State of Florida. (cc z) The term "Policy Board" shall mean a board of the Tampa Bay Estuary Program, as set forth and described in Article Five below. (dd aa) The term "Tampa Port Authority" shall mean the Tampa Port Authority, a Florida port authority. 8 (ee bb) The term "Regulatory Agencies" shall mean the governmental agencies with regulatory authority as identified in each agency’s authorizing law or document creating such agency, district or commission, over certain of the other Parties, including EPA, DEP, EPC, Tampa Port Authority, and SWFWMD. (ff cc) The term "St. Petersburg" shall mean the City of St. Petersburg, a Florida municipal corporation. (gg dd) The term “SWFWMD” shall mean the Southwest Florida Water Management District, a public corporation of the State of Florida. (hh ee) The term “Tampa” shall mean the City of Tampa, a Florida municipal corporation. (ii ff) The term “Tampa Bay Water” shall mean a regional water supply authority formed pursuant to Sections 373.713, 373.715 and 163.01, Florida Statutes. (jj gg) The term “TBRPC” shall mean the Tampa Bay Regional Planning Council, a Florida regional planning council. (kk hh) The term “Work Plan” shall mean the annual document outlining the previous year's accomplishments and the upcoming year’s priorities, projects, funding partners and expenditures to meet the requirements of the EPA’s Cooperative Agreement with the Tampa Bay Estuary Program pursuant to CWA 320, and adopted by the Policy Board. (ll ii) The term “Work Plan Budget” shall mean that portion of the Full Budget which includes the funding for projects identified in the Tampa Bay Estuary Program Work Plan. ARTICLE TWO – AMENDED AND RESTATED INTERLOCAL AGREEMENT 9 2.1 Authority. This Agreement is an interlocal agreement, as contemplated by the Act, and pursuant to the authority of subsection (4) of the Act, all of the Parties qualify to be a part of this Agreement under such Act. 2.2 Immunity. Pursuant to subsection (9) of the Act, all of the privileges and immunities from liability, exemptions from laws, ordinances and rules, and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents or employees of any public agent or employees of any public agency when performing their respective functions within the territorial limits for their respective agencies shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, or employees extraterritorially under the provisions of this Agreement. 2.3 Amendment and Restatement of Original Prior Interlocal Agreement. This Agreement amends and restates the Original Prior Interlocal Agreement, as previously amended and restated on August 10,2015, in its entirety such that the Original Prior Interlocal Agreement and all exhibits thereto are hereby superseded and subsumed into this Agreement, and all terms, obligations, powers and responsibilities regarding matters addressed herein and in the Original Prior Interlocal Agreement shall be governed solely by this Agreement. All acts and omissions of the Parties hereto, their officers, employees, agents and assigns, and all of the officers, employees, agents and assigns of the Tampa Bay Estuary Program established as a legal entity pursuant to the Original Prior Interlocal Agreement, taken or carried out pursuant to the Original Prior Interlocal Agreement, are hereby ratified and affirmed under this Agreement. 10 ARTICLE THREE – TERM 3.1 Term. The term of this Agreement is perpetual, commencing on the Effective Date (the “Term”), unless earlier terminated as provided herein. The first day of the Term (the "Effective Date") will be referred to below as the "Commencement Date.” The last day of the Term will be referred to below as the "Termination Date.” 3.2 Sundown Review. This Agreement shall be subject to a review by the Policy Board five (5) years from the Effective Date of this Agreement and on the same day of each five (5) year period thereafter at which time the Policy Board shall evaluate the appropriateness and effectiveness of this Agreement and the Tampa Bay Estuary Program. The Policy Board shall vote by majority vote on whether to submit a recommendation to the Parties recommend to terminate this Agreement, amend this Agreement or to let the status quo prevail. Should no action by the Parties occur, this Agreement shall continue for another five (5) year period. ARTICLE FOUR – CCMP 4.1 Adoption of CCMP Goals and Priorities. The Parties hereby agree that the Goals for Tampa Bay described in the CCMP are approved and adopted by each of them. The Goals for Tampa Bay are to maintain important water quality and seagrass gains achieved over the last decade since 1991 and to allow the eventual recovery of maintain seagrass to acreage at or above levels observed in 1950. The Goals focus on issues that must be addressed to sustain a healthier bay that will support both recreation and commerce, including but not limited to: clean water and 11 sediments; thriving habitats and abundant wildlife; and an informed, engaged and responsible community. These issues include seagrass and nitrogen load management, coastal habitats, toxic contaminants, atmospheric deposition, bacterial contamination, fish and wildlife, spill prevention and response, dredging and dredged material management, invasive species, public education and involvement, and climate change. The Goals shall be achieved in the manner described in Section 4.3 below. The Parties shall use their best efforts to achieve the Goals within the time periods prescribed, and shall work cooperatively to attempt to achieve all of the Goals applicable to them in a cost-effective manner. Additionally, the Parties agree to work together in good faith and through their best efforts to address other actions and recommendations in the CCMP. 4.2 Modification. The CCMP and its incorporated Goals for Tampa Bay shall not be amended, changed, extended, modified or supplemented without the unanimous written consent of all of the Parties, to be decided in their respective sole and absolute discretion. The Goals shall be re-examined by the Tampa Bay Estuary Program at least once every five (5) years in light of new knowledge or changed circumstances and updated accordingly. The Policy Board may elect by a majority vote to re-examine the Goals more frequently if warranted by them. When it has been determined by the Policy Board unanimously that a Goal has been met, the Policy Board will thereafter support efforts by the Parties and the Consortium, as appropriate, that provide for the ongoing maintenance of the resource. 4.3 Goals: Achievement. The only CCMP Goal that is to be achieved individually by any of the Parties is the nitrogen loading reduction/management, to be accomplished by the Local Governments and other members of the Consortium, as described in the “Reasonable Assurance Addendum: Allocation and Assessment Report” dated September 11, 2009, updated in the “2012 12 Reasonable Assurance Update” dated as December 14, 2012, the “2017 Reasonable Assurance Update” dated September 29, 2017, and that Report subsequent Reasonable Assurance Updates that may be amended from time to time, and implemented through actions identified in the Consortium’s Action Plan Database (“Action Plan Database”). The Tampa Bay Estuary Program shall facilitate and assist the Parties to collectively address the remaining CCMP Goals. If a cumulative Goal, other than the nitrogen management loading goal, is not met within its stated goal period, then the Tampa Bay Estuary Program will develop the additional projects necessary to address the shortfall, including the funding sources, which projects and funding are subject to the approval of the Policy Board. 4.4 Nitrogen Management Consortium Responsibilities. The Consortium participants have made and are expected to continue to make significant contributions toward achieving the CCMP goal of nitrogen loading management by meeting entity-specific nitrogen load allocations as identified in the “Reasonable Assurance Addendum: Allocation and Assessment Report” dated September 11, 2009, updated in the “2012 Reasonable Assurance Update” dated December 14, 2012, the “2017 Reasonable Assurance Update” dated September 29, 2017, and approved by the Consortium participants. 4.5 Existing Projects. The Parties shall be able to take into account, in their nutrient management actions, projects that accomplish their designated responsibilities to the extent that such projects were completed and became operational on or after January 1, 1995. ARTICLE FIVE – STRUCTURE OF THE TAMPA BAY ESTUARY PROGRAM 13 5.1 Tampa Bay Estuary Program. The Tampa Bay Estuary Program was created and continues under authority of Section 163.01(7), Florida Statutes. The Tampa Bay Estuary Program shall have those powers specifically described in or contemplated by this Agreement, which shall be exercised by, or in accordance with policies or procedures approved by, the Policy Board. (a) The Tampa Bay Estuary Program shall: (i) Have the powers and be in compliance with subsection (5) of the Act; (ii) Determine, adopt and implement a personnel policy for the recruitment, retention, supervision, discipline and evaluation of Tampa Bay Estuary Program employees and be solely responsible for any claims by its employees; (iii) Make purchases and enter into contracts in the manner determined and, adopted by the Policy Board in the operating procedures for the Tampa Bay Estuary Program; (iv) Determine the manner of acquisition, ownership, custody, operation, maintenance, lease or sale of real or personal property; (v) Determine the manner of the acceptance of gifts, grants, assistance funds or bequests; (vi) Determine the making of requests for federal, state, regional, local government or other aid or grants for the Tampa Bay Estuary Program, except as otherwise specifically described in this Agreement; (vii) Determine Tampa Bay Estuary Program’s manner of responding for any liabilities, debts, mortgages or claims that may be incurred through performance under this Agreement, provided that the Tampa Bay Estuary Program shall be solely liable and responsible 14 for any such liabilities, debts, mortgages or claims incurred by or resulting from actions taken by the Tampa Bay Estuary Program; (viii) Determine the manner in which strict accountability of all funds shall be provided and the manner in which reports, including an annual independent audit, of all receipts and disbursements shall be prepared and presented to the Tampa Bay Estuary Program and all Parties; and (ix) Determine, adopt and implement all other necessary and proper matters not otherwise covered above. (b) The Tampa Bay Estuary Program will not promulgate, issue or make rules or regulations, bonds, tax, charge rates, fees or rents, condemn or possess any of the other governmental powers possessed by the other Parties except as specifically allowed by this Agreement. (c) In the event there is an undesignated fund balance held by the Tampa Bay Estuary Program, it shall be used in the manner determined by the Policy Board. (d) The adjudication of disputes or agreements, the effects of failure of adjudicated Parties to pay their share of the cost or expenses and the rights of other Parties in such cases shall be governed by this Agreement and applicable law. 5.2 Tampa Bay Estuary Program Functions and Responsibilities. The Tampa Bay Estuary Program shall have the following functions and responsibilities, which are not inconsistent with the Act or any provision of applicable law, and which shall be carried out by, or in accordance with, policies or procedures approved by the Policy Board: 15 (a) To make and enter into contracts and assume such other functions as are necessary to carry out the provisions of any contracts entered into by the Tampa Bay Estuary Program; (b) To employ agencies or employees and establish salaries and personnel and employee benefit programs for such full time and temporary employees as are necessary to carry out the functions of the Tampa Bay Estuary Program; provided that the Tampa Bay Estuary Program shall be solely responsible for any claims by its employees; (c) To acquire, lease, construct, manage, maintain or operate buildings, works or improvements; (d) To purchase, receive, or otherwise acquire, own, hold, sell, convey, lend, or otherwise dispose of, real, tangible or intangible personal property, or any legal or equitable interest in such property wherever located, and to the extent the Parties all have such power, to mortgage, pledge, or create a security interest in such property; (e) To incur debts, liabilities, obligations, borrow money, issue its notes and other obligations, and to the extent the Parties all have such power, to secure any of its obligations by mortgage or pledge of any of its property, income and make contracts of guaranty and suretyship which do not constitute the debts, liabilities or obligations of any of the Parties; (f) To adopt policies or procedures or rules pertaining to any of its operations and to conduct its business, locate offices, and exercise the powers granted by law; (g) To acquire and to perform all the things necessary to carry out the purposes of this Agreement separately or in conjunction with any of the Parties; 16 (h) To conduct and pay for studies, plans and designs to effectuate the purpose of the Tampa Bay Estuary Program, which action may include, but is not limited to, plans for staffing, financing, research, advertising and marketing projects; (i) To enter into interlocal agreements, or other contracts with public or private entities, if necessary, for the purposes described in this Agreement; (j) To establish any future plan for participation of the Parties to effectuate the terms and provisions of this Agreement, which shall include plans for any additional funding for the purpose of performance of this Agreement; provided that any change, modification or amendment to the method of funding set forth herein must be approved by all of the Funding Entities; (k) To appear on its own behalf before boards, commissions, departments, or other agencies of municipal, county, state, or federal government; provided, however, members of the Management Board, Technical Advisory Committee and Community Advisory Committee shall not support or oppose specific projects or permits when acting as, on behalf of, or representing said Board or Committees; provided further that Tampa Bay Estuary Program employees can provide scientific and technical information and participate in technical discussions, but shall not oppose or support specific projects or permits; (l) To request or accept any grant, payment, or gift, of funds or property made by the State of Florida, or by the United States or any department or agency thereof or by any individual, firm, corporation, municipality, county, or organization for any or all of the purposes of the Tampa Bay Estuary Program; and to expend such funds in accordance with the terms and conditions of any such grant, payment, or gift, in the pursuit of its administration or in support of 17 the terms and provisions of this Agreement. The Tampa Bay Estuary Program shall separately account for the public funds and the private funds deposited into any authorized public depository; (m) To recommend changes, amendments or modifications to this Agreement, which will become effective only upon approval by all Parties; (n) To sue and be sued, complain, and defend in its entity name; (o) To transact any lawful business that will aid governmental policy; and (p) To make payments or donations or do any other act not inconsistent with law that furthers the affairs of the Tampa Bay Estuary Program. 5.3 Policy Board. The Policy Board of the Tampa Bay Estuary Program shall serve as the governing board of the Program and shall be made up of nine eight (9 8) voting directors appointed by and representing the Cities, Counties, DEP and SWFWMD (collectively the "Policy Board Member(s)"), and one non-voting participant representing the EPA, and shall be known as the "Policy Board". The representative of each Policy Board Member and the EPA shall be appointed by such Policy Board Member or the EPA, respectively, from time to time. Each Policy Board Member and the EPA shall also appoint an alternate director for the Policy Board from time to time to serve when their director is not available. Each Policy Board Member and the EPA may change either their director or alternate director from time to time with prior written notice by a duly authorized representative of any change to the Policy Board before any meeting. The Policy Board shall have policy making powers for the Tampa Bay Estuary Program in addition to those powers explicitly set forth in this Agreement. Except as otherwise specifically set forth herein, a quorum for meetings shall be five (5) voting members and all votes action taken by the Policy Board shall be by a majority vote of the Policy Board directors in attendance, with the exception 18 of that the EPA representative who will not vote nor be counted for purposes of a quorum. All directors of the Policy Board shall serve without compensation. 5.4 Management Board. The Management Board of the Tampa Bay Estuary Program shall consist of representatives of each of the Parties (each of which shall be voting members), one of each of the existing Co-Chairs of the TAC and CAC (both referred to in Section 5.6 below) and the Industry Co-Chair of the Consortium (each of which shall be voting members), and representatives of the Army Corps and EPA (who will be nonvoting members) (the "Management Board"). The actual representatives of each of the Parties and the Army Corps and EPA shall be appointed by such Management Board member from time to time. Each of the Parties and the Army Corps and EPA shall also appoint an alternate member to the Management Board from time to time, to serve when the actual representative is not available. Each of the Parties and EPA may change either their initial or alternate representatives from time to time with prior written notice by a duly authorized representative, to the Management Board before any meeting. The TAC and CAC shall not have alternate members, with only the alternating Co-Chairs being a member of the Management Board. The Management Board shall have managerial powers for the Tampa Bay Estuary Program to the extent delegated by the Policy Board, in addition to those powers explicitly set forth in this Agreement. Except as otherwise specifically set forth herein, a quorum for meetings shall be ten (10) voting members and all votes action taken by the Management Board shall be by a majority vote of the board members in attendance, with the exception of that the Army Corps and EPA representatives who will not vote nor be counted for purposes of a quorum. New members may be added to the Management Board with Policy Board approval, and the Policy 19 Board shall specify whether such new members shall be voting or nonvoting members. All directors of the Management Board shall serve without compensation. 5.5 Officers. The Policy Board shall elect (i) a Cchair or Cchairs of the Policy Board; and (ii) other Policy Board officers. The Management Board shall elect (i) a Cchair or Cchairs of the Management Board; and (ii) other Management Board officers. 5.6 Committees. The Policy Board, or the Management Board at the direction of the Policy Board, shall continue such existing advisory committees as it deems necessary, including without limitation, the Technical Advisory Committee ("TAC") and the Community Advisory Committee ("CAC"). All members of committees shall serve without compensation. 5.7 Limitations of Powers. The Tampa Bay Estuary Program shall have no powers of taxation, regulation or eminent domain. 5.8 Additional Board Members. The Tampa Bay Estuary Program may allow other governmental entities, regulatory agencies, or other entities, to the extent allowed by law, to participate in the Program as members of the Policy Board, provided they are unanimously approved by the Policy Board in their respective sole and absolute discretion. Upon unanimous approval of the Policy Board, such Party must execute a Joinder Agreement by which it agrees to comply with all of the provisions of this Agreement and agree to contribute to funding of the Tampa Bay Estuary Program. The funding amounts in Exhibit A will be amended accordingly to add the funding obligation of the new Policy Board Member, all as of the first day of the next fiscal year of the Tampa Bay Estuary Program. Once an entity is approved and has executed a Joinder Agreement, it will become a member of the Tampa Bay Estuary Program, of the Policy Board and 20 of the Management Board with the same voting rights as the existing members of such entities or boards. The Policy Board may also allow other governmental entities or regulatory agencies to participate in the Program as members of the Management Board, provided that they must be unanimously approved by the Policy Board and the Management Board in their respective sole and absolute discretion and execute a Joinder Agreement. Once an entity has such approval and has executed a Joinder Agreement, it will become a member of the Management Board with the same voting rights as the existing members of such entities or board all as of the first day of the next fiscal year of the Tampa Bay Estuary Program. 5.9 Fiscal Year. The Tampa Bay Estuary Program shall observe a fiscal year beginning on October 1 and ending September 30 of each year, or such other fiscal year as may be required for special districts pursuant to Florida law. 5.10 Budgets. (a) No later than the last day of the month of February each year, the Policy Board shall review the Tampa Bay Estuary Program tentative Work Plan Budget, and shall thereafter approve the Work Plan Budget no later than the last day of May each year. The approved Work Plan Budget shall be included in the Tampa Bay Estuary Program Full Budget. (b) No later than the last day of the month of August and following preparation of a tentative Full Budget, the Policy Board shall publish a notice of its intention to adopt the Tampa Bay Estuary Program Full Budget. Following an appropriate public hearing, the Policy Board shall adopt the Tampa Bay Estuary Program Full Budget each year no later than the month of September covering its proposed operation and requirements for the fiscal year commencing on October 1 of that year. 21 (c) The Policy Board shall give consideration to objections filed against the budget and in its discretion, may amend, modify or change the tentative Full Budget. The Policy Board, by September 30th following appropriate notice and hearing, shall adopt a Full Budget for the Tampa Bay Estuary Program, which shall thereupon be the operating and fiscal budget for the Tampa Bay Estuary Program for the ensuing fiscal year. (d) The Policy Board shall provide copies of the Work Plan and Full Budgets to the Parties, as well as the Army Corps and EPA, and such Work Plan and Full Budgets shall be accompanied by the estimated annual contribution of each of the Policy Board Members. The notice of public hearing to adopt the Tampa Bay Estuary Program Full Budget shall be published in accordance with Florida law in a newspaper of general circulation in the Counties and the Cities and shall inform the public that: (i) the tentative Full Budget shall be posted on the Tampa Bay Estuary Program website at least two (2) days before the public hearing; (ii) the Full Budget shall be posted on the Tampa Bay Estuary Program website within thirty (30) days following adoption; and (iii) the public will be afforded an opportunity to appear before the Policy Board and express support or objection to the Full Budget. The notice shall be published once per week for two consecutive weeks in any newspaper of general circulation in each jurisdiction mentioned above, the last publication of which shall appear not less than one week prior to the date set by the Policy Board for the hearing on the Full Budget. 5.11 Bylaws. The Policy Board by unanimous vote shall create, adopt, amend and update Bylaws or appropriate rules of procedure for the Tampa Bay Estuary Program for its governance and which shall remain in effect until modified by the Policy Board. 22 5.12 Policies. The Tampa Bay Estuary Program shall adopt its operating rules and internal procedures as provided in Section 5.2(f) above. ARTICLE SIX – RESPONSIBILITIES OF THE PARTIES 6.1 Responsibilities of all Parties. By entering into this Agreement, the Parties intend to recommend actions and adjust strategies as needed to keep Tampa Bay's recovery on track. To that end, each of the Parties hereby agrees to: (a) Assist in implementing the CCMP nitrogen loading reduction/management Goal, to be accomplished by the Parties and other members of the Consortium, as described in the “Reasonable Assurance Addendum: Allocation and Assessment Report” dated September 11, 2009, and as updated in the “2012 Reasonable Assurance Update” dated December 14, 2012 and the “2017 Reasonable Assurance Update” dated September 29, 2017; (b) Report in the Action Plan Database, which supports the CCMP and is maintained by the Tampa Bay Estuary Program, all available information about projects and actions that address nutrient reduction in Tampa Bay; (c) Assist in supporting CCMP habitat goals for Tampa Bay by assisting the Tampa Bay Estuary Program in implementing and recording habitat protection and restoration activities; and (d) Participate, as “responsible parties” identified in the CCMP, to implementation of Action Plans identified in the CCMP. 23 6.2 Additional Responsibilities of the Regulatory Agencies. The Regulatory Agencies agree that they will extend as much flexibility as is legally permissible under circumstances deemed appropriate by such agencies for projects that are part of an approved Action Plan set forth in the CCMP. 6.3 Regulatory Process Review. Subject to the above limitations, all Regulatory Agencies and all other Parties having regulatory functions agree to periodically review their regulatory processes and consider changes in statutes, ordinances, rules or policies that would assist in meeting the goals of the CCMP. Any such changes shall be made in keeping with the cooperative intent of this section and otherwise in this Agreement. 6.4 Responsibilities of the Tampa Bay Estuary Program. The Tampa Bay Estuary Program shall: (a) Serve as the coordinating body for the CCMP and assist the Parties in implementation thereof; (b) Prepare, every two (2) years, a progress report on the status of CCMP implementation; (c) Assist the Parties in locating grants and other funds to aid in implementation of the projects set forth in the CCMP; (d) Coordinate outreach programs to promote public participation and facilitate restoration activities that support the CCMP Goals; (e) Coordinate the re-examination and updating of the CCMP every five (5) years; (f) Facilitate resolution of conflicts among the Parties; 24 (g) Oversee atmospheric deposition, toxic contamination, climate change sea level rise, habitat assessments, water quality evaluations and other research projects; (h) Develop Action Plans to address goals not currently being addressed in the CCMP; and (i) If requested by any Party, the Tampa Bay Estuary Program Executive Director shall appear before that Party’s governing body to report on the Work Plan and any other matters of interest pertaining to the Tampa Bay Estuary Program. 6.5 Tampa Port Authority. The Tampa Port Authority is an independent special district created by the Florida Legislature under Chapter 95-488, Laws of Florida, as amended from time to time (the "Port Authority Enabling Act"). The Port Authority Enabling Act provides in part the Tampa Port Authority is responsible for regulating marine construction and management of sovereign submerged lands within the Hillsborough County Port District (the "Port Authority Regulatory Capacity"). Notwithstanding any provisions in this Agreement to the contrary, the Tampa Port Authority is entering into this Agreement only to the extent of its Port Authority Regulatory Capacity. ARTICLE SEVEN – BUDGETING AND FUNDING 7.1 Tampa Bay Estuary Program Budget. The Policy Board is responsible for establishing the budget for the Tampa Bay Estuary Program and shall annually review and approve the budget. The budget will require approval by two-thirds (2/3) of all members of the Policy Board. 25 7.2 Funding. Subject to the provisions of Section 7.3 below, all non-federal Tampa Bay Estuary Program Work Plan budgeted costs shall be funded by the Funding Entities and allocated in accordance with Schedules 1 and 2 of Exhibit “A” hereto, as follows: (a) To support additional projects and CCMP implementation, all Funding Entities are encouraged to contribute to the Tampa Bay Estuary Restoration Fund (“TBERF”) at the following levels based upon current (2021 2014) Tampa Bay Estuary Program dues: Dues TBERF Contribution Level A: Less than $4015,000 per year At least $25,000 Level B: Between $4015,000 and $6540,000 At least $75,000 Level C: Greater than $6540,000 At least $100,000 (b) Annual dues for Funding Entities will be determined by Schedule 1 of Exhibit “A” under the following conditions: (i) If a Funding Entity contributes to the TBERF at the above levels in a particular year; or (ii) In the case of SWFWMD, if SWFWMD provides funding to the Tampa Bay Estuary Program at the above levels through cooperative funding projects; or (iii) If a Funding Entity contributes to the Tampa Bay Estuary Program at the above levels through projects which support the goals of the CCMP, are included in the approved Work Plan, and include a ten percent (10%) administrative fee for the Tampa Bay Estuary Program. (c) Annual dues for Funding Entities will be determined by Schedule 2 of Exhibit “A” if section 7.2(b), above, does not apply. 26 (d) On or before the end of fiscal year 2026 2020/2021, and every five (5) years thereafter, the Policy Board shall initiate review and approval of draft revisions to Schedules 1 and 2, and thereafter shall submit said revisions to the Funding Entities for their review and approval, with the option to amend or modify. If no action is taken by the end of fiscal year 2026 2020/2021, and every five (5) years thereafter, the funding levels shown in each Schedule shall continue at the same level (the then current Year Five level) until amended or modified by the Policy Board and the Funding Entities; (e) Management Board members that are not on the Policy Board are encouraged to contribute directly to the operations of Tampa Bay Estuary Program or to the TBERF; and (f) The Funding Entities agree that if federal and other external funding increases beyond the levels on the Effective Date, and if the Tampa Bay Estuary Program’s undesignated fund balance reaches a level that is sufficient to support a full fiscal year of program operations, then the Policy Board shall consider reducing their dues to the levels in place on the Effective Date. 7.3 Annual Approval. Each Policy Board director shall present for consideration and approval to attempt to cause approval by its applicable legislative or governing body each fiscal year of the funding levels described in Schedules 1 or 2 of Exhibit “A” hereof, but which funding decision is in the sole discretion of such applicable body. Such funding approval is a condition precedent to the funding obligation by such Funding Entity each year under Section 7.2 and Schedules 1 and 2 of Exhibit “A” attached hereto. 7.4 Non-Appropriation. 27 (a) The obligations of the Funding Entities as to any funding required pursuant to this Agreement shall be limited to an obligation in any given year to budget, appropriate, and pay from legally available funds, after monies for essential services have been budgeted and appropriated, sufficient monies for the funding that is required during that year. Further, the Funding Entities shall not be prohibited from pledging any legally available non ad valorem revenues for any obligations prior to or after the execution of this Agreement and not including the commitments pursuant to this Agreement, which pledge shall be prior and superior to any commitments of the Funding Entities pursuant to this Agreement. (b) Notwithstanding any other provisions of this Agreement, the obligations undertaken by the Funding Entities hereto shall not be construed to be or constitute general obligations’, debts or liabilities of any Funding Entity or the State of Florida or any political subdivision, municipal corporation or agency thereof within the meaning of the Constitution and laws of the State of Florida, but shall be payable solely in the manner and to the extent provided in or contemplated by this Agreement. The obligations of the Funding Entities hereunder are subject to annual appropriation of legally available non ad valorem funds by their respective governing boards, and shall not constitute or create a pledge, lending of credit or lien, either legal or equitable, of or on any of their ad valorem revenues or funds, or upon any other revenues or funds of the Funding Entities, as may be construed under the laws or the Constitution of the State of Florida. Neither any Funding Entity nor any other person or entity shall ever have the right to compel any exercise of ad valorem taxing power by any other Funding Entity to make the payments herein provided, nor shall this Agreement constitute a charge, lien or encumbrance, either legal or equitable, upon any property or funds of any Funding Entity. 28 (c) Notwithstanding anything contained herein, each of the Funding Entities reserves the right, in its sole discretion, to pay the funding obligations contemplated by this Agreement from any Funds legally available for such purpose. ARTICLE EIGHT – DEFAULT In the event any Party is determined to be in willful and significant noncompliance with the CCMP Goals or with the terms of this Agreement, the Policy Board may, by a unanimous vote by all Parties except the Party charged with being in default, recommend the removal of such non- complying Party from this Agreement. Prior to any such vote by the Policy Board, the non- complying Party shall be given a notice of its non-compliance and an opportunity to remedy the problem within a reasonable period or to a public hearing before the Policy Board if there is a dispute whether a default exists. If a Party is found to be in noncompliance with permits by the applicable Regulatory Agency(ies), the permit granting agencies may take actions to enforce their permits against such non-complying Party under their own respective laws and regulations. If any Party is discharged under this Article Eight, (i) all monies previously paid hereunder shall be conclusively deemed earned and not subject to return to such Party, (ii) any future funding responsibility of such party shall terminate, and (iii) this Agreement shall continue as to the remaining Parties. Provided, however, any funds paid before termination but not expended shall only be used by the Tampa Bay Estuary Program in accordance with the approved budget for which such contribution was made. 29 ARTICLE NINE – NOTICE Any and all notices required or permitted to be given hereunder shall be in writing, and shall be provided if either personally delivered to the Party at the addresses set forth in Exhibit "B," transmitted by electronic facsimile machine to the fax numbers listed, or sent by U.S. certified or registered mail, postage prepaid, return receipt requested, to such addresses, all such notices being effective upon delivery to and receipt by the Parties, unless the respective Party or Parties notify all other Parties in writing in accordance herewith of a change of address and/or representative at such address authorized to receive any and all such notices, in which case any and all such notices shall be delivered and/or mailed as aforesaid to said Party or Parties at such new address with respect to such Party. ARTICLE TEN – WITHDRAWAL OF A PARTY Notwithstanding anything contained in this Agreement to the contrary, any Party hereto shall have the right to withdraw as a Party to this Agreement by providing one hundred eighty (180) days prior written notice as set forth in Article Nine above. Such withdrawal of a Party shall occur only if the withdrawing Party provides one hundred eighty (180) days prior written notice to the other Parties. On the day following the end of such one hundred eighty (180) day period, the withdrawing Party shall no longer be considered a Party to this Agreement. Provided however, even though such withdrawing Party shall have withdrawn as a Party to this Agreement as set forth above in this Article, such withdrawing Party shall continue to be subject to all applicable laws and regulations, without the benefit of being a Party hereto to this Agreement. If a Party withdraws 30 under this Article Ten, (i) all monies previously paid hereunder shall be conclusively deemed earned and not subject to return to such Party; (ii) the future funding responsibility of such Party shall continue for the longer of the period of such one hundred eighty (180) days or until the end of the current fiscal year, and (iii) this Agreement shall continue as to the remaining Parties. ARTICLE ELEVEN – MISCELLANEOUS PROVISIONS 11.1 No Third Party Beneficiaries. This Agreement shall inure to the benefit of the Parties. This Agreement is for the exclusive benefit of the Parties, and shall not be deemed to be made for the benefit of any other persons not so specified. 11.2 Modification. This Agreement may be modified, altered or amended only by a written instrument recommended by the Policy Board and subsequently approved and executed by the Parties hereto. 11.3 Complete Agreement. This Agreement constitutes the full, complete and wholly independent agreement among the Parties with regard to the matters addressed herein. This Agreement also supersedes all prior agreements, memorandums of understanding, representations, and statements among the Parties with respect to the matters addressed herein, either written or oral. 11.4 Severability Clause. If any clause, provision or section of this Agreement shall be held to be illegal or invalid by any court, the invalidity of such clause, provision or section shall not affect any of the remaining clauses, provisions or sections hereof, and this Agreement shall be 31 construed and enforced as if such illegal or invalid clause, provision or section had not been contained herein. 11.5 Governing Law. Existing and future laws, rules and regulations of the United States and its agencies, the State of Florida and its agencies and the other Parties to this Agreement shall take precedence over the terms and provisions of this Agreement in case of conflict or inconsistencies between them. The laws of the United States or State of Florida as appropriate and applicable, shall govern the validity, performance and enforcement of this Agreement, regardless of the state in which this Agreement is being executed. 11.6 Public Purpose. This Agreement satisfies, fulfills and is pursuant to and for a public purpose and municipal purpose and is in the public interest, and is a proper exercise of each Party's power and authority under each Party's individual municipal or governmental authority. 11.7 Performance Standards. None of the provisions in this Agreement shall be deemed in any manner to amend, modify or otherwise change any of the provisions or regulations or ordinances of any municipality or governmental agency which is a Party to this Agreement to allow a performance standard less than is otherwise required under the terms of those provisions or regulations or ordinances. 11.8 Survival. All of the representations and warranties set forth in this Agreement shall survive the consummation of any and all of the transactions described in this Agreement and the termination of this Agreement, and shall not be deemed to be merged in this Agreement or any other instrument which may be executed and delivered pursuant to this Agreement. 32 11.9 Authority. None of the Parties has any authority to bind or make any oral or written representations on behalf of the other Parties, and nothing contained in this Agreement shall designate any one or more of the Parties as partners with or agents for any one or more of the other Parties. 11.10 Headings Not a Part Hereof. The headings preceding the several articles and sections hereof (and any table of contents hereto) are solely for convenience of reference, do not constitute a part of this Agreement, and shall not affect its meaning, construction or effect. 11.11 Counterparts. This Agreement may be executed in one or more counterparts, each of which may be executed by less than all of the parties but all of which shall be construed together as a single instrument. This Agreement shall become effective upon the exchange of original counterpart signature pages signed by all of the parties, but if such initial exchange occurs by facsimile, original signature pages will be exchanged within ten days of the date hereof. 11.12 Binding Effect. This Agreement shall bind the successors and assigns of the Parties. 11.13 Execution. This Agreement shall not be effective nor shall it have any force and effect whatsoever until all of the Parties have duly executed this Agreement and filed the Agreement pursuant to Section 11.14 below. 11.14 Filing. The Tampa Bay Estuary Program shall, pursuant to Section 163.01(11), Florida Statutes Fla. Stat., file a copy of this Agreement and any amendments thereto with the Clerk of the Circuit Court of each County where the Parties are located. 33 11.15 Conditions Precedent. The Parties encourage the Army Corps to execute a Joinder to this Agreement and encourage the EPA to enter into a Memorandum of Understanding with the Tampa Bay Estuary Program concerning this Agreement, but said Joinder and Memorandum of Understanding shall not be a precondition to the effectiveness of this Agreement. IN WITNESS WHEREOF, the Parties hereto caused this Agreement to be executed, under seal, and it shall become effective upon completion of filing in accordance with Section 11.14, hereto. [INTENTIONALLY LEFT BLANK] 34 CITY OF CLEARWATER, a Florida municipal corporation Countersigned: By: ________________________________ By: ________________________________ Frank Hibbard George N. Cretakos, Mayor William B. Horne II, City Manager Date: _______________________________ APPROVED AS TO FORM: Attest: __________________________________ __________________________________ Assistant City Attorney City Clerk (SEAL) 35 CITY OF ST. PETERSBURG, a Florida municipal corporation Attest: By: ________________________________ ________________________________ Print Name: _________________________ City Clerk Title: _______________________________ Date: _______________________________ APPROVED AS TO FORM: ATTEST: ________________________________ ___________________________________ City Attorney (Designee) City Clerk (SEAL) 36 CITY OF TAMPA, a Florida municipal corporation Attest: ________________________________ By: ________________________________ City Clerk or Deputy Clerk Jane Castor Bob Buckhorn, Mayor Date: _______________________________ APPROVED AS TO FORM: (SEAL) ________________________________ Janice M. McLean, Senior Assistant City Attorney 37 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Attest: ________________________________ By: ________________________________ Print Name: _________________________ Title: _______________________________ Date: _______________________________ APPROVED AS TO FORM: (SEAL) ________________________________ Assistant General Counsel 38 FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION’S FISH AND WILDLIFE RESEARCH INSTITUTE By: ________________________________ Print Name: _________________________ Title: _______________________________ Date: _______________________________ APPROVED AS TO FORM: (SEAL) ________________________________ FWC Legal Counsel 39 HILLSBOROUGH COUNTY, a political subdivision of the State of Florida Attest: Cindy Stuart Pat Frank, Clerk ________________________________ By: ________________________________ By: Deputy Clerk Chairperson Print Name: ______________________ Print Name: _________________________ Date: _______________________________ APPROVED AS TO FORM: (SEAL) ________________________________ Vivian Arenas-Battles Edward B. Helvenston, Sr. Senior Assistant County Attorney 40 THE ENVIRONMENTAL PROTECTION COMMISSION OF HILLSBOROUGH COUNTY, a political subdivision of the State of Florida Attest: ________________________________ By: ________________________________ Print Name: _________________________ Title: _______________________________ Date: _______________________________ APPROVED AS TO FORM: (SEAL) ________________________________ EPC Attorney 41 MANATEE COUNTY, a political subdivision of the State of Florida Attest: ________________________________ By its Board of County Commissioners Angelina Colonneso R.B. SHORE, Clerk of the Circuit Court ________________________ By: ________________________________ Deputy Clerk Chairperson Print Name: _________________________ Date: _______________________________ (SEAL) 42 MANATEE COUNTY PORT AUTHORITY, a dependent special district of the State of Florida Attest: Clerk of the Circuit Court ________________________________ By: ________________________________ Deputy Clerk Chairperson Print Name: _________________________ Date: _______________________________ APPROVED AS TO FORM: (SEAL) ________________________________ Attorney for Manatee County Port Authority 43 PASCO COUNTY, a political subdivision of the State of Florida Attest: ________________________________ By: ________________________________ Clerk & Comptroller Title: Chairperson Print Name: _________________________ Date: _______________________________ APPROVED AS TO FORM: (SEAL) ________________________________ Assistant County Attorney 44 PINELLAS COUNTY, a political subdivision of the State of Florida Attest: ________________________________ By: ________________________________ Clerk of the Circuit Court Barry Burton Title: County Administrator Date: _______________________________ APPROVED AS TO FORM: (SEAL) ________________________________ Assistant County Attorney 45 SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT, a public corporation of the State of Florida By: ________________________________ Chair Print Name: _________________________ Date: _______________________________ APPROVED AS TO FORM: (SEAL) ________________________________ Assistant General Counsel 46 TAMPA PORT AUTHORITY, an independent special district of the State of Florida Florida port authority Attest: ________________________________ By: ________________________________ Print Name: _________________________ Title: _______________________________ Date: _______________________________ APPROVED AS TO FORM: (SEAL) ________________________________ General Counsel 47 TAMPA BAY REGIONAL PLANNING COUNCIL, a Florida regional planning council By: ________________________________ Sean Sullivan Manny Pumariega Title: Executive Director Date: ________________________________ APPROVED AS TO FORM: (SEAL) ________________________________ General Counsel 48 ATTEST: TAMPA BAY WATER, a Regional Water Supply Authority ________________________________ By: ________________________________ Secretary Its: Chairman Date: _______________________________ APPROVED AS TO FORM: (SEAL) ________________________________ General Counsel 49 EXHIBIT “A” 50 SCHEDULE 1 (With a TBERF contribution) GOAL: Maintain program operations with funding entities adjusting annually by an increase of 2.5% beginning in 2016/2017. Entity 2015/2016 2016/2017 2017/2018 2018/2019 2019/2020 2020/2021 SWFWMD $138,335 $141,793 $145,338 $148,972 $152,696 $156,513 City of Clearwater $13,979 $14,328 $14,687 $15,054 $15,430 $15,816 City of St. Petersburg $33,379 $34,213 $35,069 $35,946 $36,844 $37,765 City of Tampa $39,402 $40,387 $41,397 $42,432 $43,492 $44,580 Manatee County $32,217 $33,022 $33,848 $34,694 $35,562 $36,451 Hillsborough County $83,974 $86,073 $88,225 $90,431 $92,692 $95,009 Pinellas County $73,714 $75,557 $77,446 $79,382 $81,366 $83,401 *Pasco County $22,415 $22,975 $23,550 $24,139 $24,742 Total Local Dues $415,000 $447,790 $458,985 $470,459 $482,221 $494,276 Projected Total Funds Needed for Program Operations $720,000 $738,000 $756,450 $775,361 $794,745 $814,614 Funding shortfall needed for Program Operations (in addition to funding entities listed above) $305,000 $290,210 $297,465 $304,902 $312,524 $320,338 *Explanation – Using the two partners closest in size (Manatee & St. Pete), divide their current partner dues by their population in watershed to get 0.13735 cents per person. Multiply all partner’s dues by 2.5% each year. 51 SCHEDULE 2 (without TBERF contribution) Entity 2015/2016 Annual increment al increase per year spread over 5 years 2016/2017 2017/2018 2018/2019 2019/2020 2020/2021 SWFWMD $138,335 $12,834 $151,169 $164,003 $176,837 $189,671 $202,505 City of Clearwater $13,979 $1,297 $15,276 $16,573 $17,870 $19,167 $20,464 City of St. Petersburg $33,379 $3,097 $36,476 $39,573 $42,670 $45,767 $48,864 City of Tampa $39,402 $3,656 $43,058 $46,714 $50,370 $54,026 $57,682 Manatee County $32,217 $2,989 $35,206 $38,195 $41,184 $44,173 $47,162 Hillsborough County $83,974 $7,790 $91,764 $99,554 $107,344 $115,134 $122,924 Pinellas County $73,714 $6,839 $80,553 $87,392 $94,231 $101,070 $107,909 Pasco County $2,029 $23,897 $25,926 $27,955 $29,984 $32,013 Total Local Dues $415,000 $38,502 $453,502 $492,004 $530,506 $569,008 $607,510 Total Local Dues w/ Pasco $40,531 $477,399 $517,930 $558,461 $598,992 $639,523 Projected Total Funds Needed for Program Operations $720,000 $738,000 $756,450 $775,361 $794,745 $814,614 Funds (in addition to funding entities) needed for Program Operations $305,000 $260,601 $238,520 $216,900 $195,753 $175,091 ORIGINAL GOAL: Support Program Operations with primarily local funds within 10 years ($800,000). Adjusted GOAL: Policy Board cut schedule to 5 years keeping same incremental increases. 52 SCHEDULE 1 (with consideration of a TBERF contribution) GOAL: Maintain program operations with funding entities adjusting the base local dues (Schedule 2) annually by 2.5% and subtracting 10% TBERF administration contributions through FY2026. Maintain SWFWMD funding level at 1/3 FY2022 rate. Funding schedule in FY2022 adjusted to 2018 American Community Survey, US Census Bureau, Census Tract population estimates (Table B00001)a. Funding Entity FY2022 FY2023 FY2024 FY2025 FY2026 SWFWMD $187,341 $187,341 $187,341 $187,341 $187,341 City of Clearwater $16,280 $16,974 $17,578 $18,307 $19,056 City of St. Petersburg $37,050 $38,631 $40,004 $41,665 $43,368 City of Tampa $54,912 $57,255 $59,290 $61,752 $64,275 Pasco County $30,410 $31,708 $32,835 $34,198 $35,596 Manatee County $40,355 $42,077 $43,572 $45,382 $47,236 Pinellas County $57,878 $60,348 $62,493 $65,088 $67,748 Hillsborough County $137,798 $143,678 $148,786 $154,963 $161,295 Total Local Dues $562,023 $578,011 $591,899 $608,696 $625,914 Projected Total Funds Needed for Program Operations $966,239 (FY2021) $990,395 $1,015,155 $1,040,534 $1,066,547 Funding shortfall needed for Program Operations (in addition to funding entities listed above + 10% TBERF Contributions) $326,716 $334,884 $343,256 $351,838 $360,633 a US Census Bureau Data Portal: https://data.census.gov/ . 53 SCHEDULE 2 (without consideration of a TBERF contribution) GOAL: Maintain program operations with funding entities adjusting annually by 2.5% through FY2026. Maintain SWFWMD levels at 1/3 FY2022 rate. Funding schedule in FY2022 adjusted to 2018 American Community Survey, US Census Bureau, Census Tract population estimates (Table B00001)b. Funding Entity FY2022 FY2023 FY2024 FY2025 FY2026 SWFWMD $213,174 $213,174 $213,174 $213,174 $213,174 City of Clearwater $18,524 $19,219 $19,931 $20,661 $21,409 City of St. Petersburg $42,159 $43,740 $45,360 $47,021 $48,724 City of Tampa $62,484 $64,827 $67,228 $69,690 $72,213 Pasco County $34,604 $35,901 $37,231 $38,595 $39,992 Manatee County $45,919 $47,641 $49,406 $51,215 $53,070 Pinellas County $65,859 $68,329 $70,860 $73,455 $76,115 Hillsborough County $156,800 $162,680 $168,707 $174,884 $181,217 Total Local Dues $639,523 $655,511 $671,899 $688,696 $705,914 Projected Total Funds Needed for Program Operations $966,239 (FY2021) $990,395 $1,015,155 $1,040,534 $1,066,547 Funding shortfall needed for Program Operations (in addition to funding entities listed above) $326,716 $334,884 $343,256 $351,838 $360,633 b US Census Bureau Data Portal: https://data.census.gov/ . 54 SCHEDULE 1 (with consideration of a TBERF contribution) GOAL: Maintain program operations with funding entities adjusting the base local dues (Schedule 2) annually by 2.5% and subtracting 10% TBERF administration contributions through FY2026. Maintain SWFWMD funding level at FY2021 rate. Funding schedule for other entities in FY2022 adjusted to 2018 American Community Survey, US Census Bureau, Census Tract population estimates (Table B00001)c. Funding Entity FY2022 FY2023 FY2024 FY2025 FY2026 SWFWMD $156,513 $156,513 $156,513 $156,513 $156,513 City of Clearwater $18,488 $19,074 $19,786 $20,516 $21,264 City of St. Petersburg $42,076 $43,410 $45,030 $46,691 $48,394 City of Tampa $62,361 $64,337 $66,739 $69,201 $71,724 Pasco County $34,536 $35,630 $36,960 $38,324 $39,721 Manatee County $45,829 $47,282 $49,047 $50,856 $52,710 Pinellas County $65,730 $67,813 $70,345 $72,939 $75,599 Hillsborough County $156,491 $161,452 $167,479 $173,657 $179,989 Total Local Dues $582,023 $595,511 $611,899 $628,696 $645,914 Projected Total Funds Needed for Program Operations $966,239 (FY2021) $990,395 $1,015,155 $1,040,534 $1,066,547 Funding shortfall needed for Program Operations (in addition to funding entities listed above + 10% TBERF Contributions) $326,716 $334,884 $343,256 $351,838 $360,633 c US Census Bureau Data Portal: https://data.census.gov/ . 55 SCHEDULE 2 (without consideration of a TBERF contribution) GOAL: Maintain program operations with funding entities adjusting annually by 2.5% through FY2026. Maintain SWFWMD levels at FY2021 rate. Funding schedule for other entities in FY2022 adjusted to 2018 American Community Survey, US Census Bureau, Census Tract population estimates (Table B00001)d. Funding Entity FY2022 FY2023 FY2024 FY2025 FY2026 SWFWMD $202,505 $202,505 $202,505 $202,505 $202,505 City of Clearwater $18,988 $19,683 $20,395 $21,125 $21,873 City of St. Petersburg $43,214 $44,795 $46,415 $48,076 $49,779 City of Tampa $64,047 $66,390 $68,792 $71,254 $73,777 Pasco County $35,470 $36,767 $38,097 $39,461 $40,858 Manatee County $47,068 $48,790 $50,555 $52,365 $54,219 Pinellas County $67,507 $69,977 $72,509 $75,103 $77,763 Hillsborough County $160,724 $166,604 $172,631 $178,808 $185,140 Total Local Dues $639,523 $655,511 $671,899 $688,696 $705,914 Projected Total Funds Needed for Program Operations $966,239 (FY2021) $990,395 $1,015,155 $1,040,534 $1,066,547 Funding shortfall needed for Program Operations (in addition to funding entities listed above) $326,716 $334,884 $343,256 $351,838 $360,633 d US Census Bureau Data Portal: https://data.census.gov/ . 56 EXHIBIT “B” If to Clearwater: City of Clearwater P. O. Box 4748 Clearwater, FL 34618-4748 Attn: City Attorney If to St. Petersburg: City of St. Petersburg One Fourth Street North St. Petersburg, FL 33701 Attn: City Attorney If to Tampa: City of Tampa 306 E. Jackson Street Tampa, FL 33602 Attn: City Attorney If to FDEP Florida Department of Environmental Protection Southwest District Office 13051 N. Telecom Parkway Temple Terrace, FL 33637 Attn: District Director If to Fish & Wildlife Research Institute Florida Fish & Wildlife Conservation Commission’s Fish and Wildlife Research Institute 100 8th Avenue SE St. Petersburg, FL 33701 Attn: Director If to Hillsborough County: Hillsborough County Environmental Management Division Public Works Department 601 E. Kennedy Blvd. Tampa, FL 33602 Attn: Director If to EPC Environmental Protection Commission of Hillsborough County 3629 Queen Palm Drive Tampa, FL 33619 Attn: General Counsel If to Manatee County Manatee County 1112 Manatee Avenue West, Suite 920 Bradenton, FL 34205 Attn: County Administrator 57 If to Manatee Port Authority Manatee County Port Authority 300 Tampa Bay Way Palmetto, FL 34221 Attn: Executive Director If to Pasco County Pasco County 8731 Citizens Dr., Suite 340 New Port Richey, FL 34654 Attn: County Administrator If to Pinellas County Pinellas County 315 Court Street, Room 601 Clearwater, FL 33756 Attn: County Administrator If to SWFWMD: Southwest Florida Water Management District 2379 Broad Street Brooksville, FL 34609 Attn: General Counsel If to Tampa Port Authority: Tampa Port Authority P.O. Box 2192 Tampa, FL 33601 Attn: General Counsel If to TBRPC: Tampa Bay Regional Planning Council 4000 Gateway Centre Blvd., Suite 100 Pinellas Park, FL 33782 Attn: Executive Director If to Tampa Bay Water: Tampa Bay Water 2575 Enterprise Road Clearwater, FL 33763 Attn: General Manager Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9452 Agenda Date: 8/5/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.8 SUBJECT/RECOMMENDATION: Approve the conveyance of a 20-foot x 30-foot utility easement to Florida Gas Transmission Company, LLC, for the purpose of constructing and maintaining above ground and subsurface natural gas pipelines, valves and appurtenances at 3055 N McMullen Booth Road and authorize the appropriate officials to execute same. (consent) SUMMARY: The proposed utility easement will provide Florida Gas Transmission Company, LLC with property rights necessary to construct and maintain its facilities. City stakeholders have reviewed the proposed easement and have no objection. Page 1 City of Clearwater Printed on 8/4/2021 Return to: Rob Brzak Engineering Department City of Clearwater P. O. Box 4748 Clearwater, FL 33758-4748 FOR AND IN CONSIDERATION of the sum of Ten Dollars ($10.00) in hand paid, the receipt of which is hereby acknowledged, and the benefits to be derived therefrom, CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation, whose mailing address is P.O. Box 4748, Clearwater, Florida 33758-4748 (“Grantor”), does hereby grant and convey to Florida Gas Transmission Company, LLC, a Delaware limited liability company, whose mailing address is 2405 Lucien Way, Suite 200, Maitland, Fl 32751 (“Grantee”), its successors and assigns, non-exclusive easement over, under, across and through the following described land lying and being situate in the County of Pinellas, State of Florida, to wit: See Exhibit “A” appended hereto and by this reference made a part hereof (“Easement Premises”) This easement is for erecting and constructing thereon a natural gas pipeline valve or valves, and thereafter operating, maintaining, inspecting, altering, repairing, substituting, relocating, removing and changing the size (collectively, Operations) of an above-ground natural gas pipeline valve or valves and surface and subsurface appurtenances thereto, including but not limited to metering and regulating stations, equipment and facilities, markers, vents, valves, electronic and communications equipment used in connection with the pipeline, cathodic and lightning protection systems and components, equipment, facilities and apparatus, piping, fittings, and fences or other protective devices, water and utility cables and pipes, launchers and receivers, and such other improvements as are reasonably necessary in connection with the transportation of natural gas by means of a pipeline (collectively, the Facilities). Grantee shall be solely responsible for obtaining all governmental and regulatory permits required to exercise the rights granted herein. Florida Gas Transmission Company, LLC covenants and agrees with Grantor that it shall maintain the Facilities installed hereunder and promptly restore the Easement Premises and any affected areas surrounding the Easement Premises upon completion of any work activities undertaken in the exercise of these rights to at least the same quality of condition that existed as of the date Grantee first exercised any of its rights hereunder, and on each and every succeeding occasion thereafter. Grantee further represents and warrants that it shall diligently pursue the completion of all work activities in a timely manner. Grantor warrants and covenants with Grantee that Grantor is the owner of fee simple title to the herein described Easement Premises, and that Grantor has full right and lawful authority to grant and convey this easement to Grantee, and that Grantee shall have the non-exclusive, limited purpose quiet and peaceful possession, use and enjoyment of this easement. It is expressly understood that Grantor reserves all rights of ownership of the Easement Premises not inconsistent with the easement rights granted herein. In the event Grantor, its successors or assigns, should ever determine it necessary to relocate Grantee’s facilities constructed within the Easement Premises to facilitate further development or redevelopment of the property encumbered hereby; then Grantor, its successors or assigns, in consultation with and upon approval of Grantee, shall provide an alternate easement for the utility facilities constructed within the Easement Premises, and shall at Grantor’s sole cost and expense reconstruct the utility facilities within the alternate easement. Upon completion of the facilities relocation Grantee shall cause this easement to be vacated and evidence of vacation duly recorded in the public records of Pinellas County, Florida. UTILITY EASEMENT This easement is binding upon the Grantor, the Grantee, their heirs, successors and assigns. The rights granted herein shall be perpetual and irrevocable and shall run with the land, except by the written mutual agreement of both parties, or by abandonment of the Easement Premises by Grantee. IN WITNESS WHEREOF, the undersigned grantor has caused these presents to be duly executed this ______ day of ________________________, 2021. Countersigned: CITY OF CLEARWATER, FLORIDA ___________________________ By: __________________________ Frank Hibbard William B. Horne II Mayor City Manager Approved as to form: Attest: ___________________________ ________________________________ Laura Mahony Rosemarie Call Senior Assistant City Attorney City Clerk STATE OF FLORIDA : : ss COUNTY OF _____________ : The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization, this   ____________________(date) by   _______________  _____, of the City of Clearwater, Florida, a Florida  a Florida Municipal Corporation, on behalf of the company, who is personally known to me or has produced ___________________as identification. ________________________________________ My commission expires: Notary Public - State of Florida ________________________________________ Type/Print Name 03/24/2021 EXHIBIT A 20'30'N McMULLEN BOOTH RD SR 580 3055 3030 3095 329032902987 3100 2910 3060 2991 31803233AERIAL MAP PROPOSED EASEMENT Document Path: C:\Users\Wioletta.Dabrowski\City of Clearwater\Engineering Geographic Technology - Documents\GIS\Engineering\Location Maps\3290 SR580.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 27/8/2021Date:Aerial Flown 2019 FGT Proposed Utility Easement WDMap Gen By: Stormwater Creek RBReviewed By: Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9465 Agenda Date: 8/5/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.9 SUBJECT/RECOMMENDATION: Approve Parking Consultant of Record (PCOR) Professional Services Agreements, as listed, to provide continuing professional parking consultant services for a four-year term pursuant to Request for Qualifications (RFQ) 37-21 and authorize the appropriate officials to execute same. (consent) SUMMARY: In accordance with Florida Statute 287.055 - Consultants Competitive Negotiation Act, on April 27, 2021, RFQ 37-21, Parking Consultant of Record Services was released soliciting responses from qualified consulting firms to provide professional parking consultant services under a continuing professional services agreement. A selection committee comprised of staff from the Engineering Department, to include the Parking Division reviewed six responses received. The committee selected two new firms and chose to retain three incumbent 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 PCOR’s retained are Kimley-Horn and Associates, Inc. of St. Petersburg, FL, THA Consulting, Inc. of Miami, FL, and Walker Parking Consultants/Engineers, Inc. dba Walker Consultants of Tampa, FL. The new PCOR’s selected are, DESMAN Inc. of Fort Lauderdale, FL, and WGI, Inc. of West Palm Beach, FL. The PCOR Professional Services Agreements shall be for a four-year term from August 1, 2021, through July 31, 2025. Page 1 City of Clearwater Printed on 8/4/2021 Procurement Division 100 S Myrtle Ave Clearwater FL 33756-5520 PO Box 4748, 33578-4748 727-562-4630 Tel REQUEST FOR QUALIFICATIONS Parking Consultant of Record RFQ #37-21 April 27, 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 26, 2021 to provide Parking Consultant of Record. Brief Description: The City of Clearwater is seeking qualified consultants with specific expertise in parking facilities/operations and technology integration (including multi-story parking garages) to serve as Parking Consultant of Record (PCOR) for a four (4) year term. Multiple firms will be selected to provide parking consultation, in a range of disciplines, 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 Procurement Manager. This Request for Qualifications is issued by: Lori Vogel, CPPB Procurement Manager lori.vogel@myclearwater.com INSTRUCTIONS Parking Consulting of Record 2 RFQ #37-21 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 26, 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 RESPONSE SUBMITTAL: It is recommended that responses are submitted electronically through our bids website at https://www.myclearwater.com/business/rfp. Firms may mail or hand-deliver responses to the address below. Use label at the end of this solicitation package. E-mail or fax submissions will not be accepted. City of Clearwater Attn: Procurement Division 100 S Myrtle Ave, 3rd 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 response that is not properly addressed and identified. i.5 LATE RESPONSES. The respondent assumes responsibility for having the response delivered on time at the place specified. All responses received after the date and time specified shall not be considered and will be returned unopened to the respondent. The respondent assumes the risk of any delay in the mail or in handling of the mail by employees of the City of Clearwater, or any private courier, regardless whether sent by mail or by means of personal delivery. It shall not be sufficient to show that you mailed or commenced delivery before the due date and time. All times are Clearwater, Florida local times. The respondent agrees to accept the time stamp in the City’s Procurement Division as the official time. i.6 LOBBYING. Any communication regarding this solicitation for the purpose of influencing the process or the award, between any person or affiliates seeking an award from this solicitation and the City is prohibited. This section shall not prohibit public comment at any City Council meeting, study session or Council committee meeting. This prohibition shall not apply to communication with the contact(s) identified in the solicitation or City-initiated communications for the purposes of conducting the procurement including but not limited to clarification of responses, presentations if INSTRUCTIONS Parking Consulting of Record 3 RFQ #37-21 provided in the solicitation, contract negotiations, protest/appeal resolution, or surveying non-responsive vendors. i.7 RESPONSIBILITY TO READ AND UNDERSTAND. Failure to read, examine and understand the solicitation will not excuse any failure to comply with the requirements of the solicitation or any 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 Parking Consulting of Record 4 RFQ #37-21 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 Parking Consulting of Record 5 RFQ #37-21 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 (Response Format, pages 10-11) Points Municipal Experience and Qualifications of Firm and Staff (Tab 2) 5 Approach for Meeting Project Timelines and Budget (Tab 3) 5 Familiarity of the Firm and Staff with City of Clearwater Ordinance, Code, Design and Development Criteria, 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 INSTRUCTIONS – EVALUATION Parking Consulting of Record 6 RFQ #37-21 i.17 SHORT-LISTING. The City Evaluation Committee (Committee) members will review and score responses. PCOR incumbents who have performed work under the current PCOR contract and score a minimum of 14 points (70%) with no criteria scoring below a “3”, will be offered a new PCOR contract. New firms (not a current PCOR or a PCOR 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). 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 27, 2021 Advertise Tampa Bay Times: May 5, 2021 Responses due: May 26, 2021 Review responses/presentations: May 26, 2021-June 16, 2021 Award recommendation: June 16, 2021 Council authorization: July 2021 Contract begins: August 2021 DETAILED SPECIFICATIONS Parking Consulting of Record 7 RFQ #37-21 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 vendors who share that dedication and will help the City meet that goal. 2. INTENT. The City of Clearwater is seeking qualified consultants with specific expertise in parking facilities/operations and technology integration, including multi-story parking garages, to serve as Parking Consultant of Record (PCOR) for a four (4) year term. Multiple firms will be selected to provide parking consultation, in a range of disciplines, on an as-needed basis. 3. PROFESSIONAL SERVICES/CONSULTANTS’ COMPETITIVE NEGOTATION ACT (CCNA) – FLORIDA STATUTE 287.055. Professional services requested in this RFQ are within the scope of the practice of architecture, landscape architecture, professional engineering, or registered land surveying, as defined by the laws of the State of Florida. Provisions of F.S. 287.055 apply. 4. SCOPE OF SERVICES. The City has on-going interests in surface parking lots, on-street parking, and parking garages located throughout the City, with emphasis in downtown and beach areas. Work may include preparation of economic financial studies for parking facilities and evaluation of emerging controlling and operational technologies. It shall be the responsibility of the consultant to work with and for the City to perform an array of services as it relates to parking facilities/operations including creating additional garages and related parking facilities/operations. Assignment areas are expected to include but not be limited to, planning, studies, or design services as needed, such as: • Supply/Demand Study • Financial Feasibility Study • Operational Review (including access and revenue control equipment) • Functional Review • Site Analysis • Sustainable design feasibility analysis • Design and Construction Management 5. EXPERIENCE. The City is requesting qualifications from qualified consultants with specific expertise in the study, engineering, design, construction, and review of parking facilities/operations and technology integration, including multi-story parking garages. It is highly preferred that consultants have a fully staffed and operating office located within the Tampa Bay metropolitan area 6. 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 Parking Consulting of Record 8 RFQ #37-21 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. 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. 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 #37-21 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. 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 Parking Consulting of Record 9 RFQ #37-21 1. ANTICIPATED BEGINNING AND END DATE OF CONTRACT TERM. August 1, 2021 through July 31, 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 SOLICITATION. The City reserves the right to exercise an option to conduct a mid-term solicitation. RESPONSE FORMAT Parking Consulting of Record 10 RFQ #37-21 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. If submitting electronically, hard-copy documents 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 6 and 7, 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 parking consultation 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 ([10] pages). 1. Provide details of related experience and parking specific PCOR services provided for other Florida municipalities. Provide name of entity, contact information and dates services were performed for the contract. 2. Respondents shall include an organizational staffing plan detailing key element of the organization 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 provide an overview of 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 budgets. TAB 4 – Familiarity with City of Clearwater Ordinance, Code, Design and Development Criteria, Procurement, Construction Specifications and 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 Parking Consulting of Record 11 RFQ #37-21 2. Provide a complete listing of all litigation involving any consultation service 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 any consultation service 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 any consultation service or contract, whether currently pending or concluded in the past three (3) years, in which the respondent firm was a named party. TAB 7 - 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(s) 5. Exhibit C_E-Verifty Eligibility Form 6. Copy of the firm’s current Florida Department of Business and Professional Regulation’s License 7. If the firm is a corporation, a copy of the current Florida Corporation Registration  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 Parking Consulting of Record 12 RFQ #37-21 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 Parking Consulting of Record 13 RFQ #37-21 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 Parking Consulting of Record 14 RFQ #37-21 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 Parking Consulting of Record 15 RFQ #37-21 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ SEALED RESPONSE Submitted by: Company Name: Address: City, State, Zip: RFQ #37-21, Parking Consultant of Record Due Date: May 26, 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 #37-21, Parking Consultant of Record Due Date: May 26, 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------------------------------------------------ 1) DESMAN, Inc.2) Kimley-Horn and Associates, Inc. 100 SE 3rd Avenue, 10th floor 100 2nd Avenue South, Ste. 105N Fort Lauderdale, FL 33394 St.Petersburg, FL 33701954-526-6464 727-547-3999 *certified minority owned business 3) Parksol USA LLC dba ParkSol USA 4) THA Consulting, Inc. 7735 E Gelding Drive, Ste. 2 40 NW 3rd Street, Suite 1102 Scottsdale, AZ 85260 Miami, FL 33128 800-935-7415 305-592-7123 5) Walker Parking Consultants/Engineers, In 6) WGI, Inc. dba Walker Consultants 2035 Vista Parkway 4904 Eisenhower Boulevard, Suite 150 West Palm Beach, FL 33411 Tampa, FL 33634 561-687-2220 813-888-5800 x 1526 ADVERTISED: TAMPA BAY TIMES 5/5/2021 POSTED:myclearwater.com 04/27/21-05/26/21 Due/Opening: May 26, 2021; 10:00 a.m. REQUEST FOR QUALIFICATIONS No. 37-21 PARKING CONSULTANT OF RECORD Solicitation Response Listing FOR THE CITY OF CLEARWATER 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 _______________ (CONSULTANT). WITNESSETH: WHEREAS, the CITY desires to engage the CONSULTANT to perform certain professional services pertinent to such work in accordance with this Agreement; and WHEREAS, the CONSULTANT desires to provide such professional services in accordance with this Agreement; and WHEREAS, in accordance with the competitive selection process described in Section 287.055 of the Florida Statutes, the CITY selected the CONSULTANT based on Request For Qualifications (“RFQ”) #37-21 and responses by the CONSULTANT to RFQ #37-21. 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 CONSULTANT to the CITY will be that of a professional consultant, and the CONSULTANT will provide the professional and technical services required under this Agreement in accordance with acceptable engineering and/or architectural practices and ethical standards. 2.0 PROFESSIONAL TECHNICAL SERVICES 2.1 It shall be the responsibility of the CONSULTANT to work with and for the CITY to perform an array of services for the City as set forth in RFQ #37-21, Scope of Services. 2.2 The CONSULTANT’S services under this Agreement will be provided under a project specific Work Order(s). Each Work Order will include the services for a single project, phase, task or assignment, and 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 City Council. 2.3 The CONSULTANT shall maintain an adequate and competent staff of professionally qualified personnel available to the CITY for the purpose of rendering 2 the required engineering and/or consultant services hereunder and shall diligently execute the work to meet the completion time established in the Work Orders. The CONSULTANT shall notify the CITY by U.S. Mail addressed to the City Engineer of any changes in company contact information, including but not limited to 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 CONSULTANT 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 CONSULTANT will, when directed to do so by the CITY, coordinate and work with other firms retained by the CITY. 3.0 PERIOD OF SERVICES 3.1 The CONSULTANT shall begin work promptly after receipt of a fully executed 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 CONSULTANT’S services are delayed for reasons beyond the CONSULTANT’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 for a period not to exceed to four (4) years from date of initiation, 08/01/2021 (“Effective Date”), subject to the provisions for termination contained herein. Assignments that are in progress at the Termination Date shall be completed by the CONSULTANT unless specifically terminated by the CITY. Should the CONSULTANT be in the progress 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 4.1 Reference pages 11-13 5.0 PROFESSIONAL SERVICES/CONSULTANT’S COMPETITIVE NEGOTIATION ACT (CCNA) Professional Services provided under this Agreement are within the scope of the practice of architecture, landscape architecture, professional engineering, or registered land 3 surveying and mapping, as defined by the laws of the State of Florida. Provisions of F.S. 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 CONSULTANT 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 CONSULTANT for the specific purpose intended will be at the CITY’s sole risk without liability or legal exposure to the CONSULTANT. 6.2 The CONSULTANT shall prepare preliminary construction cost estimates with each design submittal to verify the proposed design is within the City project budgets. The CONSULTANT shall prepare a final estimate of probable construction costs, following CITY approval of the bid documents and other pre- bid 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 CONSULTANT 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 CONSULTANT describing the services desired and providing a basis for compensation to the CONSULTANT. 6.4 Upon the CONSULTANT’S written request, the CITY will furnish or cause to be furnished such reports, studies, instruments, documents, and other information as the CONSULTANT and CITY mutually deem necessary. 6.5 The CITY and the CONSULTANT each bind themselves and their successors, legal representatives, and assigns to the other party to this Agreement and to the partners, successors, legal representatives and assigns of each other party, in respect to all covenants of this Agreement; and, neither the CITY nor the CONSULTANT will assign or transfer its interest in this Agreement without written consent of the other. 6.6 To the fullest extent permitted by law, the CONSULTANT agrees to 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 CONSULTANT and other persons employed or utilized by the CONSULTANT in the performance of this CONSULTANT 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 4 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 CONSULTANT 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 CONSULTANT 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 CONSULTANT shall attach a brief status report on the projects with each request for payment. 6.10 Unless otherwise required by law or judicial order, the CONSULTANT agrees that it shall make no statements, press releases or other public communication concerning this 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 CONSULTANT 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 CONSULTANT for “In House” use. Only data and reports generated by the CONSULTANT under this Agreement shall be the property of the CITY. 6.11 Public Records. The CONSULTANT will be required to comply with Section 119.0701, Florida Statutes, as may be amended from time to time, specifically to: IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: 727-562-4092; Rosemarie.Call@myclearwater.com, 600 Cleveland Street, Suite 600, Clearwater, FL 33755. The CONSULTANT’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 5 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: i. The court determines that the contractor unlawfully refused to comply with the public records request within a reasonable time; 6 and ii. 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. 7.0 COMPENSATION 7.1 The CONSULTANT shall be compensated for services rendered under this Agreement in accordance with the provisions of each Work Order, upon presentation of CONSULTANT’S invoice and as provided in this Agreement. 7.2 Compensation for services shall be invoiced by the CONSULTANT and paid by the CITY in accordance with the Florida Local Government Prompt Payment Act, § 218.70, Florida Statutes. 7.3 The CONSULTANT 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 CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working for the CONSULTANT any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement. 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 CONSULTANT shall be paid in accordance with the provisions of outstanding Work Orders for all work performed up to the date of termination. 7 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 CONSULTANT 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. 10.5 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 FOR CONVENIENCE Either the CITY or the CONSULTANT 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 CONSULTANT will be paid for services rendered through the date of termination. 12.0 PUBLIC ENTITY CRIMES Pursuant to Florida Statute § 287.132-133, 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 § 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 § 287.133 (3)(f), F.S. By submitting a proposal, CONSULTANT is certifying that Florida Statute 287.132 and 287.133 does not restrict submission. 13.0 The CONSULTANT 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 - 17 (attached hereto and incorporated herein by reference): SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA (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 8 (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. 14.0 RFQ #37-21, TERMS AND CONDITIONS All terms and conditions as set forth in RFQ #37-21, Terms of Conditions are incorporated by reference and hereto attached as Exhibit A Terms and Conditions. 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 #37-21, Terms and Conditions; and (iii) Work Orders. 9 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 CONSULTANT. CONSULTANT will be paid for all work performed to the date of termination. 17.0 E-VERIFY CONSULTANT and its Subcontractors shall register with and use the E-Verify system to verify the work authorization status of all newly hired employees. CONSULTANT 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 CONSULTANT with an affidavit stating that Subcontractor does not employ, contract with, or subcontract with an unauthorized alien. CONSULTANT shall maintain a copy of such affidavit. The CITY may terminate this Agreement on the good faith belief that CONSULTANT 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), CONSULTANT may not be awarded a public contract for at least 1 year after the date of which this Agreement was terminated. CONSULTANT 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). 10 IN WITNESS IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the date and year first above written. [consultant name] 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 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. 12 INSURANCE REQUIREMENTS. The CONSULTANT 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 CONSULTANT deductible or self- insured retention and to require that it be reduced or eliminated. Specifically the CONSULTANT 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 CONSULTANT 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 CONSULTANT’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 CONSULTANT 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. 13 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 CONSULTANT 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, CONSULTANT 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 #37-21 P.O. Box 4748 Clearwater, FL 33758-4748 b. CONSULTANT shall provide thirty (30) days written notice of any cancellation, non- renewal, termination, material change or reduction in coverage. c. CONSULTANT’s insurance as outlined above shall be primary and non-contributory coverage for CONSULTANT’s negligence. d. CONSULTANT reserves the right to appoint legal counsel to provide for the CONSULTANT’s defense, for any and all claims that may arise related to Agreement, work performed under this Agreement, or to CONSULTANT’s design, equipment, or service. CONSULTANT agrees that the City shall not be liable to reimburse CONSULTANT for any legal fees or costs as a result of CONSULTANT 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 CONSULTANT’s obligation to provide the insurance coverage specified. 14 PROVISION OF PAYMENT PARKING CONSULTING OF RECORD: [consultant name] BASIS FOR PAYMENT The owner shall pay CONSULTANT and CONSULTANT 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 CONSULTANT 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 CONSULTANT. 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. 15 CITY OF CLEARWATER PARKING CONSULTANT OF RECORD, RFQ #37-21 8/1/21 to 7/31/25 PARKING CONSULTANT OF RECORD: [CONSULTANT NAME] Job Classification Burdened Hourly Rate 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 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 18 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 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9454 Agenda Date: 8/5/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Solid Waste/General Services Agenda Number: 7.10 SUBJECT/RECOMMENDATION: Authorize the purchase of vehicles (heavy and light duty) and equipment as approved in the 21/22 Fiscal Year Budget for a not-to-exceed amount of $6,100,850.00, per the recommended contracts in accordance with Clearwater Code of Ordinances Section 2.563 (1)(c) Other Government Entities; authorize lease purchase under the City’s Master Lease Purchase Agreement, or internal financing via an inter fund loan from the Capital Improvement Fund, whichever is deemed to be in the City’s best interest; declare surplus and authorize to transfer to city departments, for disposal at auction, or trade-in vehicles and equipment being replaced in accordance with Clearwater Code of Ordinances Section 2.623; and authorize the appropriate officials to execute same. (consent) SUMMARY: The Fleet Department is requesting a consolidated expenditure authorization not to exceed $6,100,850.00 for the acquisition of vehicles and equipment per attached spreadsheet. New purchases are to replace designated units due for replacement in Fiscal Year (FY) 2022, which have reached the end of their useful and economic life. Factors used to determine the end of useful life and economic life include but are not limited to age, life to date, mileage /hours of operations, historical maintenance cost as compared to like vehicles, operating cost per mile/hour, anticipated and ongoing repairs, and physical condition. Due to delays in manufacturing, the Fleet Department is requesting to begin the procurement of the vehicles and equipment on the 21/22 Vehicle Replacement ahead of the 21/22 budget that starts October 1, 2021. All contracts recommended for purchase authorization are competitively bid and awarded by their respective jurisdictions: ·FSA/FAC is a purchasing cooperative in the State of Florida for police and municipal requirements. Contract# FSA20-VEL28.0 October 1, 2020 - September 30, 2022 and Contract # FSA20-VEH18.0 October 1, 2020 - September 30, 2022. ·Sourcewell is a purchasing cooperative operating under legislative authority in the State of Minnesota. Contract #120716-NAF January 17, 2017- January 17, 2022. ·The HGAC is a regional purchasing cooperative in Southeastern Texas comprising over thirteen counties and 100 cities. Contract# GR01-20 January 1,2020 - December 31, 2021 and Contract # VE11-20 November 11, 2020- October 31, 2022. ·State of Florida, Department of Management Services, cooperatively bids requirements of agencies throughout Florida. Contract #’s 25101900-21-STC January 1, 2021- Page 1 City of Clearwater Printed on 8/4/2021 File Number: ID#21-9454 December 31. 2021, 22100000-21-STC July 1, 2021- June 30, 2024 and 25100000-19- 1 November 17, 2019 - November 16, 2021. The preparation of a new vehicle may include the application of decals, accessories or upfitting . Vehicles and equipment designated for surplus authorization will be transferred to auctioneer Tampa Machinery Auction for disposition upon mobilization of the replacement vehicle, traded-in, or transferred to another city department whichever is deemed to be in the City ’s best interest. APPROPRIATION CODE AND AMOUNT: Fund Impacted 010 Fund Impacted General Fund $1,613,000.00 419Stormwater $0.00 421Public Utilities $789,000.00 423Gas $0.00 424Solid Waste $1,400,000.00 426Recycling $0.00 432Marina $0.00 435Parking $0.00 565General Services $0.00 566General Services $0.00 General Fund Subtotal $3,802,000.00 Penny Funds (315-94238)$114,000.00 Garage Fund Motorized Cash (315-94233)$190,700.00 Parks Cash (010-TBD)$15,000.00 Code Enforcement Cash (1432-591000)$52,000.00 Parking Cash (1334-591000)$60,000.00 Gas Cash (2068-591000)$36,000.00 Solid Waste Additional $185,000.00 Fire Department L/P Additional (91236) $49,000.00 Parks & Rec L/P Additional (L1901)$105,750.00 Public Utilities L/P Additional (L1904)$1,049,000.00 Stormwater L/P Additional (C1908)$442,400.00 Miscellaneous Fund Subtotal $2,298,850.00 Fiscal Year 20/22 Total $6,100,850.00 Page 2 City of Clearwater Printed on 8/4/2021 Dept Fund Cost Center Old Unit #Year Old Make Yrs Mileage/ Hours Dept Total New Year New Make Fire 010 1230 G4421 2017 Chevrolet Suburban (ME47)5 72,345 2022 Chevrolet Suburban 4WD Victory Red 49,000 Eng/Product 010 1313 No replacements needed Code Compliance 010 1432 new add 2022 Ford Escape Hybrid SUV Code Compliance 010 1432 new add 2022 Ford Maverick Crew Cab Hybrid 52,000 Marine/Aviaion 432 1371 G2738 2002 CAT 416D Backhoe 20 3,733 2012 Case 580N Backhoe Marine/Aviaion 432 1371 G3422 2008 Ford Crown Victoria 14 72,183 2010 Ford Explorer 4WD - Parking 435 1334 new add 2022 Ford Escape Hybrid SUV Parking 435 1334 new add 2022 Ford Escape Hybrid SUV 60,000 Stormwater 419 2090 G2703 2003 Sterling M7500 Dump 19 79,381 2022 Intl MV607 Dump Truck Stormwater 419 2090 G3686 2010 Ford Explorer 4WD 12 49,891 2022 Ford F250 Crew 4WD w/Topper Stormwater 419 2090 G3591 2009 Bobcat T250 Loader 13 2,271 2022 Bobcat T450 Track Loader Stormwater 419 2090 G3926 2012 Case 580N Backhoe 10 1,557 2022 John Deere 310 SL Loader Backhoe Stormwater 419 2090 new add 2022 Ditch Witch FX30 Vac Excavator Stormwater 419 2090 new add 2022 Wacker Neuson PDT3A Pump Stormwater 419 2090 new add 2022 Wacker Neuson BPU3750 Plate Compactor 442,400 Fire 010 1230 no replacements needed - Gas 432 2068 new add 2022 Nifty Lift TM42T Cherry Picker 36,000 Bldg & Maint 565 no replacements needed Parks 010 1804 G2003 1998 Ingersol Rand Light Tower 24 2,071 2021 Doosan LCV6WKUB-T4F Light Tower Parks 010 1805 G2056 1999 Ingersol Rand Light Tower 23 1,788 2021 Doosan LCV6WKUB-T4F Light Tower Parks 010 1862 G2564 2001 Lesco Sprayer 21 56 2021 GNC 50GAL Low Profile Skid Sprayer Parks 010 1862 G3120 2006 Imperial Dump Trailer 16 0 2021 Texas 14P-16 (7x16) Dump Trailer Parks 010 1862 G4171 2015 Club Car 1500 4WD 7 1,192 2021 Club Carry All 1500 4WD Parks 010 1862 G4213 2015 Barber Sandman 850 7 15 2021 Smithco Sand Star II Vanguar 18 D Parks 010 1863 G3140 2006 Toro Groundsmaster 328-D Riding Mower 16 3,703 2021 Toro Groundsmaster 4000D Parks 010 1868 G2654 2004 Carry On Trailer 18 0 2021 JLG Drop Deck Trailer Parks 010 1868 G3127 2006 Ditch Witch SC3 Trailer 16 0 2021 Ditch Witch SC3 Trailer Parks 010 1868 G3139 2006 Ditch Witch Trencher 16 147 2021 Ditch Witch C30X Walk Behind Trencher Parks 010 1887 G4010 2014 Toro Workman 3100 8 2,934 2021 Toro Workman HDX 2WD (Gas) Parks 010 1880 G2247 2000 Ryan Sod Cutter 0 0 2021 Ryan JR Sod Cutter 18" Parks 010 1880 G2651 2003 John Deere 4210 Compact Tractor 19 1,017 2021 John Deere 3033R Tractor Parks 010 1881 G4119 2014 Vicon Spreader PS403 8 0 2021 Sundown PDV-500 Pendulum Spreader Dept Fund Cost Center Old Unit #Year Old Make Yrs Mileage/ Hours Dept Total New Year New Make Parks 010 1885 G3129 2006 Ryan Sod Cutter 16 0 2021 Ryan JR Sod Cutter 18" Parks 010 1885 G3329 2007 Toro Reelmaster 3310-D Mower 15 2,814 2021 Toro Reelmaster 3310 Parks 010 1885 G4009 2014 Toro Workman 3100 8 4,011 2021 Toro Workman HDX 2WD (Gas) Parks 010 1885 G4145 2015 Toro Workman HD HCG 7 3,029 2021 Toro Workman HDX 2WD (Gas) Parks 010 1886 G2661 2003 Toro Groundsmaster 328-D Riding Mower 19 3,066 2021 Toro Groundsmaster 3200 2WD 72" deck Parks 010 1886 G2836 2004 Toro Groundsmaster 328-D Riding Mower 18 3,099 2021 Toro Groundsmaster 3200 2WD 72" deck Parks 010 1887 G2652 2003 Ryan Sod Cutter 18"19 0 2021 Ryan JR Sod Cutter 18" Parks 010 1887 G3896 2012 Toro Groundsmaster 328-D Riding Mower 10 2,036 2021 Toro Groundsmaster 3200 2WD 72" deck Parks 010 1889 G2665 2003 Toro Groundsmaster 328-D Riding Mower 19 2,018 2021 Toro Groundsmaster 3200 2WD 72" deck Parks 010 1889 G2838 2004 Toro Groundsmaster 328-D Riding Mower 18 2,262 2021 Toro Groundsmaster 3200 2WD 72" deck Parks 010 1868 new add 2021 Club Carry All 1500 4WD Parks 010 1872 new add 2021 Ford F250 EXT 4WD SVC Body Parks 010 1874 new add 2021 Vermeer SC802 Stump Cutter 602,450 Police 010 1131 G3470 2008 Ford Crown Victoria 14 103,348 2022 Ford Interceptor SUV-White Unmarked Police 010 1151 G3460 2008 Ford F150 Ext Cab 2WD 14 111,366 2022 Ford Explorer White (PST) Police 010 1131 G3472 2008 Ford Crown Victoria 14 92,911 2022 Ford Interceptor SUV-White Unmarked Police 010 1121 G3735 2011 Ford Taurus 11 76,939 2022 Ford Explorer Charcoal (Admin) Police 010 1131 G3743 2011 Chevrolet Caprice 11 96,497 2022 Ford Interceptor SUV- Dark Blue Unmarked Police 010 1131 G3761 2011 Ford Crown Victoria 11 87,328 2022 Ford Interceptor SUV-White Unmarked Police 010 1131 G3762 2011 Ford Crown Victoria 11 85,307 2022 Ford Interceptor SUV-White Unmarked Police 010 1131 G3763 2011 Ford Crown Victoria 11 88,010 2022 Ford Interceptor SUV-Black UnMarked Hybrid Police 010 1131 G3796 2011 Ford Crown Victoria 11 78,745 2022 Ford Interceptor SUV-White Marked Hybrid Police 010 1131 G3804 2011 Ford Crown Victoria 11 92,924 2022 Ford Interceptor SUV-White Marked Hybrid Police 010 1131 G3807 2011 Ford Crown Victoria 11 95,990 2022 Ford Interceptor SUV-White Marked Hybrid Police 010 1131 G3812 2011 Ford Crown Victoria 11 73,681 2022 Ford Interceptor SUV-White Marked Hybrid Police 010 1131 G3813 2011 Ford Crown Victoria 11 86,647 2022 Ford Interceptor SUV-White Marked Hybrid Police 010 1131 G3927 2013 Chevrolet Tahoe 2WD 9 110,192 2022 Ford Interceptor SUV-Dark Blue Marked Hybrid Police 010 1131 G3928 2013 Chevrolet Tahoe 2WD 9 98,888 2022 Ford Interceptor SUV-Silver Marked Hybrid Police 010 1131 G3937 2013 Chevrolet Tahoe 4WD 9 91,792 2022 Ford Interceptor SUV-White Marked Hybrid Police 010 1131 G4015 2014 Chevrolet Tahoe 2WD 8 90,708 2022 Ford Interceptor SUV-White Marked Hybrid Police 010 1131 G4017 2014 Chevrolet Tahoe 2WD 8 86,165 2022 Ford Interceptor SUV-Titanium Marked Hybrid Police 010 1131 G4019 2014 Chevrolet Tahoe 2WD 8 78,665 2022 Ford Interceptor SUV-White Marked Hybrid Police 010 1131 G4021 2014 Chevrolet Tahoe 2WD K9 Unit 8 75,245 2022 Ford Interceptor SUV-White Marked K9 Police 010 1131 G4022 2014 Chevrolet Tahoe 2WD 8 69,204 2022 Ford Interceptor SUV-White Marked Police 010 1131 G4026 2014 Chevrolet Tahoe 2WD 8 102,379 2022 Ford Interceptor SUV-White Marked Police 010 1131 G4027 2014 Chevrolet Tahoe 2WD 8 101,615 2022 Ford Interceptor SUV-White Marked Police 010 1131 G4028 2014 Chevrolet Tahoe 2WD 8 111,353 2022 Ford Interceptor SUV-White Marked Police 010 1131 G4029 2014 Chevrolet Tahoe 2WD 8 85,927 2022 Ford Interceptor SUV-White Marked Police 010 1131 G4030 2014 Chevrolet Tahoe 2WD 8 92,414 2022 Ford F150 Police Responder 4WD Crew Police 010 1131 G4143 2015 Chevrolet Tahoe 2WD 7 90,540 2022 Chevrolet Tahoe 4WD- White Police 010 1131 G4279 2016 Polaris Ranger ETX 6 2,000 2022 Polaris Ranger 570 Police 010 1131 G4623 2018 Polaris Ranger 570 4 1,600 2022 Polaris Ranger 570 Dept Fund Cost Center Old Unit #Year Old Make Yrs Mileage/ Hours Dept Total New Year New Make Police 010 1151 G3658 2010 Ford Taurus 12 78,828 2022 Nissan Maxima (Bright Silver) Police 010 1129 G3657 2010 Toyota Camry 12 76,063 2022 Nissan Maxima (Gun Metal) Police 010 1135 G3814 2012 Smart Directional Radar Trailer 10 0 2022 Wanco WSDT3-S-PD Trailer Police 010 1129 G3825 2012 Dodge Caravan 10 81,640 2022 Dodge Challenger RT (Black) Police 010 1121 G3899 2011 Dodge Charger 11 85,754 2022 Dodge Challenger RT Police 010 1121 G3918 2013 Chevrolet Impala 9 76,076 2022 Dodge Challenger RT Police 010 1129 G4108 2014 Toyota Camry 8 84,036 2022 Chrysler 300 (Silver) 1,388,000 Pub Utilities 421 1347 G3087 2005 Acme Dynamic 8" Trash Pump 17 889 2022 Godwin 8" CD200M Pump Pub Utilities 421 1347 G3088 2005 Acme Dynamic 8" Trash Pump 17 628 2022 Godwin 8" CD200M Pump Pub Utilities 421 2054 G3187 2006 Chevrolet Silverado 1500 16 95,411 2022 Ford F150 Ext Cab 2WD XL Pub Utilities 421 2054 G3272 2006 Chevrolet Silverado 2500 SVC Body 16 75,420 2022 FORD F450 REG CAB DRW 9' SERVICE BODY Pub Utilities 421 1347 G3598 2009 Bobcat 2100 4 x 2 13 1,475 2022 Bobcat 3400 2WD Gas Cart Pub Utilities 421 1354 G3729 2010 THOMPSON 4D-DHST-EOV-1B304 4" PUMP 12 688 2022 THOMPSON 4D-DHST-EOV-1B304 4" PUMP Pub Utilities 421 1347 G3795 2011 Bobcat 3200 4x2 11 1,120 2022 Bobcat 3400 2WD Gas Cart Pub Utilities 421 2051 G3848 2012 Ford F550 w/ Paflinger Crane 10 42,466 2022 Ford F550 DRW 4WD Titan 38 Crane Pub Utilities 421 1346 G3850 2013 International 7500 Aquatech F-10 9 58,512 2022 Freightliner M2/114 w Vac Con Sewer Body Pub Utilities 421 1355 G3894 2012 Bobcat 3200 4x2 10 3,473 2022 Toro Workman GTX Pub Utilities 421 1346 new add 2022 Ford Maverick Crew Cab Hybrid Pub Utilities 421 1346 new add 2022 Freightliner 108SD w RamJet 1500 Pub Utilities 421 1346 new add 2022 Prowler Easement Cleaner w/trailer Pub Utilities 421 1347 new add 2022 Blue Star 125KW Trailer Mounted Generator Pub Utilities 421 1347 new add 2022 Blue Star 125KW Trailer Mounted Generator Pub Utilities 421 1347 new add 2022 Blue Star 125KW Trailer Mounted Generator Pub Utilities 421 1347 new add 2022 Blue Star 125KW Trailer Mounted Generator Pub Utilities 421 1347 new add 2022 Blue Star 125KW Trailer Mounted Generator Pub Utilities 421 1347 new add 2022 Blue Star 125KW Trailer Mounted Generator Pub Utilities 421 1347 new add 2022 Blue Star 125KW Trailer Mounted Generator Pub Utilities 421 2051 new add 2022 Ford Maverick Crew Cab Hybrid Pub Utilities 421 2051 new add 2022 K&M 8000T Intl Hot Asphault Box 1,886,000 Solid Waste 424 2089 G3707 2010 Kenworth T800 Roll Off 12 228,838 2022 Kenworth T800 RO/ W/Galbreath Body Solid Waste 424 2089 G3708 2010 Kenworth T800 Roll Off 12 221,468 2022 Kenworth T800 RO/ W/Galbreath Body Solid Waste 424 2082 G3952 2013 Peterbilt ASL CNG 9 71,769 2022 Autocar ACX ASL CNG Solid Waste 424 2082 G3953 2013 Peterbilt ASL CNG 9 76,974 2022 Autocar ACX ASL CNG Solid Waste 424 2084 new add 2022 Madvac LS175 Litter Collector Solid Waste 424 2084 new add 2022 Madvac LN50 Litter Collector 1,585,000 Recycling 426 2043 - 6,100,850 Dept Fund Cost Center Old Unit #Year Old Make Yrs Mileage/ Hours Dept Total New Year New Make Fund Impacted 010 1,613,000.00 L/P 419 - L/P 421 789,000.00 L/P 423 - L/P 424 1,400,000.00 L/P 426 - L/P 432 - L/P 435 - L/P 555 - L/P 565 - L/P 566 L/P 3,802,000.00 114,000.00 Cash 190,700.00 Cash 15,000.00 Cash 52,000.00 Cash 60,000.00 Cash 36,000.00 Cash 185,000.00 Cash 105,750.00 L/P 1,049,000.00 L/P 49,000.00 L/P 442,400.00 L/P 6,100,850.00 6,535,100.00 (434,250.00) -6.64% Public Utilities Maintenance Vehicle L/P (L1904) Fire L/P Additional (91236) Stormwater L/P Additional (C1908) Solid Waste (2084-591000) Garage Fund-Motorized Equipment Cash (315-94233) Penny Funds (315-94238) Parks Cash (010-TBD) Code Enforcement (1432-591000) Parking (1334-591000) Gas (2068-591000) Parks & Recreation L/P Additional (L1901) Marina Parking IT General Services General Services TOTAL General Fund Stormwater Public Utilities Gas Solid Waste Recycling Total 21/22 Vehicle Replacement Budget Total for 20/21 Vehicle Replacement Budget Budget Change 21/22 vs. 20/21Budget Increase/Decrease STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT Ron DeSantis Governor Kevin Guthrie Director DIVISION HEADQUARTERS Telephone: 850-815-4000 STATE LOGISTICS RESPONSE CENTER 2555 Shumard Oak Boulevard www.FloridaDisaster.org 2702 Directors Row Tallahassee, FL 32399-2100 Orlando, FL 32809-5631 June 16, 2021 Ms. Sarah Kessler Environmental Specialist/CRS Coordinator City of Clearwater 100 South Myrtle Avenue Clearwater, Florida 33756 Re: Project #4337-3985, City of Clearwater, 20 Lift Stations, & Portable Generators Dear Ms. Kessler: Enclosed is the executed Hazard Mitigation Grant Program (HMGP) contract number H0487 between the City of Clearwater and the Division of Emergency Management. Please email all Requests for Reimbursement (Attachment D) to the project manager at Barbara.Holeda@em.myflorida.com. The Project Manager for this contract is: Ms. Barbara Holeda, Project Manager Florida Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 If you have any specific questions regarding the contract or the Request for Reimbursement form, please contact Ms. Barbara Holeda at 850 815-4538. Respectfully, Miles E. Anderson Bureau Chief, Mitigation State Hazard Mitigation Officer MEA/mya Enclosure Miles E. Anderson Digitally signed by Miles E. Anderson DN: cn=Miles E. 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Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9459 Agenda Date: 8/5/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Solid Waste/General Services Agenda Number: 7.11 SUBJECT/RECOMMENDATION: Authorize a purchase order with WEX Bank of Portland, ME in an amount not-to-exceed $320,000.00 for fleet fuel card services for the term of October 1, 2021 through December 31, 2025 with a two-year optional extension in the amount of $150,000.00 in accordance with City Code of Ordinances, Section 2.563 (1)(c) Piggyback or cooperative purchasing and authorize the appropriate officials to execute same. (consent) SUMMARY: Authorization is requested to piggyback off of the State of Florida awarded contract #78181701-21-NASPO-ACS (NASPO Cooperative Purchasing Master Agreement #00819) with WEX Bank (WEX) to provide fleet fuel card services in the amount of $320,000.00 through December 31, 2025, with a two-year renewal option at $150,000.00. WEX is the most widely accepted fuel card company in the US. Additionally, it provides incentives for prompt payment, detailed fueling reports, customer service 24/7, as well as a quarterly rebate based on total fuel spend. APPROPRIATION CODE AND AMOUNT: Funds are budgeted for fiscal year 21/22 in fleet maintenance cost code 5666611-550500, fuel, to fund the first year. Funding for future years will be included in the department ’s budget request. Page 1 City of Clearwater Printed on 8/4/2021 Alternate Contract Source (ACS) No. 78181701-21-NASPO-ACS For Fuel Card Services Page 1 of 3 This Alternate Contract Source (“ACS” or “Contract”) No. 78181701-21-NASPO-ACS; for Fuel Card Services, is between the Department of Management Services (Department), an agency of the State of Florida (State), located at 4050 Esplanade Way, Tallahassee, FL 32399 and WEX Bank, 1 Hancock Street, Portland, Maine 04101 (Contractor), registered to do business in Florida as Wex Inc., collectively referred to herein as the “Parties.” WHEREAS, the Department is authorized by section 287.042(16), Florida Statutes: To evaluate contracts let by the Federal Government, another state, or a political subdivision for the provision of commodities and contract services, and, if it is determined in writing to be cost-effective and in the best interest of the state, to enter into a written agreement authorizing an agency to make purchases under such contract; WHEREAS, the Department evaluated the Master Agreement and determined that use of the Master Agreement is cost-effective and in the best interest of the State. NOW THEREFORE, in consideration of the mutual promises contained herein, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. Term and Effective Date. The Master Agreement became effective October 1, 2020, and its term currently ends on December 31, 2025 The Master Agreement has five years of renewals available. The ACS will become effective on April 6, 2021, or on the date signed by all Parties, whichever is later. The ACS will expire on December 31, 2025, unless terminated earlier or renewed in accordance with Exhibit B, Special Contract Conditions 2. Order of Precedence. This Contract document and the attached exhibits constitute the Contract and the entire understanding of the Parties. Exhibit A, Exhibit B, Exhibit C, and this Contract document constitue the Participating Addendum to the Master Agreement, and modify or supplement the terms and conditions of the Master Agreement (Exhibit D). All exhibits Alternate Contract Source (ACS) No. 78181701-21-NASPO-ACS For Fuel Card Services Page 2 of 3 listed below are incorporated by reference into, and form part of, this Contract. In the event of a conflict, the following order of precedence shall apply: a) This ACS document and amendments, with the latest issued having priority. b) Exhibit A: Additional Special Contract Conditions (Florida) c) Exhibit B: Special Contract Conditions (Florida) d) Exhibit C: Schedule of Points and Fees e) Exhibit D: Cooperative Purchasing Master Agreement No. 00819, Fleet Card Services Where the laws and regulations of a state other than the State of Florida are cited or referenced in the Master Agreement, such citation or reference shall be replaced by the comparable Florida law or regulation. 3. National Annual Volume The National Annual Volume Incentive will be applied as an ancillary credit for each Customer. 4. Purchases off this ACS. Upon execution of this ACS, agencies, as defined in section 287.012, Florida Statutes, may purchase products and services under this Contract. Any entity making a purchase off of this Contract acknowledges and agrees to be bound by the terms and conditions of this Contract. The Contractor shall adhere to the terms included in any contract or purchase orders issued pursuant to this Contract. 5. Primary Contacts Department’s Contract Manager: Christopher McMullen Division of State Purchasing Florida Department of Management Services 4050 Esplanade Way, Suite 360 Tallahassee, Florida 32399-0950 Telephone: (850) 922-9867 Email: Christopher.McMullen@dms.fl.gov Contractor’s Contract Manager: Denise Baumgart Strategic Relationship Manager WEX Inc. 1 Hancock Street Portland, ME 04101 Telephone: (913) 538-6781 Email: denise.baumgart@wexinc.com Alternate Contract Source (ACS) No. 78181701-21-NASPO-ACS For Fuel Card Services Page 3 of 3 6. Modifications. Any amendments to this Contract must be in writing and signed by the Parties. If amendments are made to the Master Agreement after the effective date of this Contract, the Contractor shall: 1) notify the Department of such amendments; and 2) provided the Department is amenable to incorporating the amendments into this Contract, enter into a written amendment with the Department reflecting the addition of such amendments to this Contract. IN WITNESS THEREOF, the Parties hereto have caused this Contract to be executed by their duly authorized undersigned officials. CONTRACTOR STATE OF FLORIDA, Wex Bank DEPARTMENT OF MANAGEMENT SERVICES _____________________________ _______________________________ Tim Laukka, President Tami Fillyaw, Chief of Staff _____________________________ _______________________________ Date: Date: 1 ADDITIONAL SPECIAL CONTRACT CONDITIONS Exhibit A The Contractor and Customers acknowledge and agree to be bound by the terms and conditions of the Master Agreement except as otherwise specified in the Department’s Contract as modified and supplemented by the Special Contract Conditions and these Additional Special Contract Conditions. Contractor acknowledges that the Participating State is an agency of the State of Florida and as such, the Contract will include the terms and conditions in these Additional Special Contract Conditions. All references to the Contract in these Additional Special Contract Conditions include the terms and conditions herein. A. Contractor and applicable subcontractors, affiliates, partners, resellers, distributors, and dealers: By execution of a Contract, the Contractor acknowledges that it will not be released of its contractual obligations to the Department or state agencies because of any failure of a subcontractor, reseller, distributor, or dealer. The Contractor is fully responsible for satisfactory completion of all work performed under the Contract. B. Purchases Prerequisites: Before fulfilling any Customer purchases and receiving payment, the Contractor and applicable subcontractors, affiliates, partners, resellers, distributors, and dealers must have met the following requirements, unless further notated below: x Have an active registration with the Florida Department of State, Division of Corporations (www.sunbiz.org), or, if exempt from the registration requirements, provide the Department with the basis for such exemption. x Be registered in the MFMP Vendor Information Portal (https://vendor.myfloridamarketplace.com) *only required if receiving payment. x Not be on the State’s Convicted, Suspended, or Discriminatory Vendor lists (http://www.dms.myflorida.com/business_operations/State_purchasing/vendor_in formation/convicted_suspended_discriminatory_complaints_vendor_lists) x Comply with E-Verify requirements set forth in section 448.095, F.S, if applicable. x Have a current W-9 filed with the Florida Department of Financial Services (https://flvendor.myfloridacfo.com) *only required if receiving payment. x For subcontractors, affiliates, partners, resellers, distributors, and dealers (Third Party Entities) fulfilling any Customer purchases and receiving payment from a Customer, Contractor shall include in any agreement with such Third Party Entities that they shall adhere to the requirements set forth above, if applicable, prior to fulfilling any Customer purchases. C. Contract Reporting: The Contractor shall provide the following reports associated with this Contract. 2 1) Contract Quarterly Sales Reports. The Contractor shall submit Quarterly Sales Reports to the Department’s Contract Manager within 60 calendar days after the close of each State fiscal quarter (the State’s fiscal quarters close on September 30, December 31, March 31, and June 30). The Contractor’s first Quarterly Sales Report will be due 60 calendar days after the first full quarter following Contract execution. Reports must be submitted in MS Excel format in a format agreed upon between contractor and the Department’s contract manager. The report shall include all Customer sales received and associated with this Contract during the quarter. Initiation and submission of the Quarterly Sales Report is the responsibility of the Contractor without prompting or notification from the Department’s Contract Manager. If no orders are received during the period, the Contractor must submit a report stating that there was no activity. If the Contractor fails to submit two consecutive quarterly sales reports, the Contract may be terminated, or the Department may choose to not renew the Contract. 2) Certified and Minority Business Enterprises Reports. Upon Customer request, the Contractor shall report to each Customer, spend with certified and other minority business enterprises in the provision of commodities or services related to the Customer orders. These reports shall include the period covered; the name and minority code of each minority business enterprise utilized during the period; commodities and services provided by the minority business enterprise; and the amount paid to each minority business enterprise on behalf of the Customer. 3) Ad Hoc Sales Reports. The Department may require additional Contract sales information such as copies of purchase orders or ad hoc sales reports. The Contractor shall submit these mutually agreed upon documents and reports within the timeframe specified by the Department and the contractor. D. Financial Consequences: The following financial consequences will apply for the Contractor’s non-performance of the provision of the Quarterly Sales Reports and the MFMP Transaction Fee Reports. The State of Florida reserves the right to withhold payment or implement other appropriate remedies, such as Contract termination or nonrenewal, when the Contractor has failed to comply with these provisions of the Contract. The Contractor and the Department agree that the financial consequences for non-performance are an estimate of damages which are difficult to ascertain and are not penalties. The financial consequences will be paid via check or money order and made out to the Department of Management Services in U.S. dollars within 30 calendar days after the required report submission date. These consequences are individually assessed for failures over each target period beginning with the first full month or quarter of the contract performance and every month or quarter, respectively, thereafter. Financial Consequences Chart 3 Quarterly reporting timeframes coincide with the State Fiscal Year as follows: Quarter 1 - (July-September) – due 60 calendar days after close of the period Quarter 2 - (October-December) – due 60 calendar days after close of the period Quarter 3 - (January-March) – due 60 calendar days after close of the period Quarter 4 - (April-June) – due 60 calendar days after close of the period The Department may not consider renewal of a Contract or price adjustments if the Contractor is late on submitting required reports or for outstanding fees owed. E. Business Review Meetings: Both the Department and Customer reserve the right to schedule business review meetings. The Department or Customer will provide the format for the Contractor's agenda. In the event the Department or Customer schedules a business review meeting, the Contractor shall submit the completed agenda to the Department or Customer for review and acceptance prior to the meeting. The Contractor shall address the agenda items and any of the Department’s or Customer’s additional concerns at the meeting. At a minimum, the agenda items may include: a. Contract compliance b. Savings report (in dollar amount and cost avoidance) c. Spend reports by Customer d. Recommendations for improved compliance and performance Failure to comply with this section may result in the Contractor being placed on a Corrective Action Plan and possible termination of the Contract. F. The following sections of Exhibit B, Special Contract Conditions are hereby deleted in their entirety: Section 3.1 Pricing Section 3.2 Pricing Decreases Section 3.4 Purchase Order Section 3.7 Transaction Fees Section 6.4 Inspection and Acceptance of Commodities Deliverable Performance Metric Performance Due Date Financial Consequence for Non- Performance (Per Calendar Day Late/Not Received by the Contract Manager) Contractor will timely submit complete Quarterly Sales Reports All Quarterly Sales Reports will be submitted timely with the required information Reports are due on or before the 60th calendar day after the close of each State fiscal quarter $250 4 Section 6.5 Safety Standards Section 6.8 Waiver Section 7.1 Workers’ Compensation Insurance Section 7.2 General Liability Section 7.3 Florida Authorized Insurers Section 7.4 Performance Bond Section 7.5 Indemnfifcation Section 7.6 Limitation of Liability Section 11.3 Performance Delay Section 11.4 Force Majeure , Notice of Delay, and No Damages for Delay. G. The following sections of Exhibit B, Special Contract Conditions are hereby replaced in their entirety: a. Section 2.3.1, Suspension of Work The Department may, at its sole discretion, suspend any or all activities under the Contract, at any time, when it is in the best interest of the State of Florida to do so. The Customer may suspend a resulting contract or purchase order, at any time, when in the best interest of the Customer to do so. The Department or Customer will provide advance written notice of no fewer than 30 days outlining the particulars of the suspension. After receiving a suspension notice, the Contractor must comply with the notice and will cease the performance of the Contract or purchase order. Suspension of work will not entitle the Contractor to any additional compensation. The Contractor will not resume performance of the Contract or purchase order until so authorized by the Department. b. Section 2.3.2, Termination of Convenience The Contract may be terminated by the Department in whole or in part at any time subject to advance written notice of no fewer than 30 days, in the best interest of the State of Florida. If the Contract is terminated before performance is completed, the Contractor will be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed an amount which is the same percentage of the Contract price as the amount of work satisfactorily performed. All work in progress will become the property of the Customer and will be turned over promptly by the Contractor c. Section 3.5, Travel Travel expenses are not reimbursable. d. Section 5.2, Dispute Resolution, Governing Law, and Venue In the event there is a dispute concerning performance of the Contract, except for disputed transactions, the parties shall discuss and seek to arrive at a resolution in good faith. In the event the parties are unable to arrive at a resolution, then the Department’s designated Contract Manager shall reduce State’s decision as to such dispute to writing and serve a copy on the Contractor. Exhaustion of this administrative remedy is an absolute condition precedent to the Contractor's ability to pursue legal action related to the Contract or any other form of dispute resolution. The laws of the State of Florida govern the Contract. The Parties submit to the jurisdiction of the courts of the State of Florida exclusively for any legal action related to the Contract. Further, the Contractor hereby waives all privileges and rights relating to venue it may have under Chapter 47, F.S., and all 5 such venue privileges and rights it may have under any other statute, rule, or case law, including, but not limited to, those based on convenience. The Contractor hereby submits to venue in the county chosen by the Department. e. Section 6.2, Assignment The Contractor will not sell, assign, or transfer any of its rights, duties, or obligations under the Contract without the prior written consent of the Department. However, the Contractor may waive its right to receive payment and assign same upon notice to the Department. In the event of any assignment, the Contractor remains responsible for performance of the Contract, unless such responsibility is expressly waived by the Department. The Department may assign the Contract upon prior written notice to the Contractor. f. Section 8.1.2(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. Subject to any retention of data required by applicable taxing authorities. 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. g. Section 9, Data Security Contractor hereby represents, warrants and covenants that it shall cause and ensure that all measures set forth in Section 9.6 and Exhibit G, Section 7 of the Master Agreement be provided and delivered to the State, and all representations, warranties and covenants made in such sections are hereby also made to State. h. Section 13.1, Background Check The Department or Customer may request the Contractor to conduct background checks of its employees providing services under this Contract (directly or indirectly) and/or perform appropriate screening of all agents, representatives, and subcontractors providing services under this Contract (directly or indirectly). The cost of the background checks will be borne by the Contractor. The Department or Customer may require the Contractor to exclude the Contractor’s employees, agents, representatives, or subcontractors should they fail a background check and/or screening process. In addition, the Contractor must ensure that all persons have a responsibility to self-report to the Contractor within five (5) calendar days (or sooner as directed by the relevant Contractor policy) any conviction (or plea of no contest) for any disqualifying offence listed in 13.3 below, that triggers reporting obligations pursuant to the relevant Contractor policies. The Contractor must promptly notify the Contract Manager of all details concerning any reported conviction. Upon the reasonable request of the Department or Customer, the Contractor will re-screen any of its employees providing services under this contract (directly or indirectly) or request re- 6 screening of any agents, representatives, and subcontractors providing services under this contract (directly or indirectly) in each case during the term of the Contract. i. Section 13.2, E-Verify The Contractor (and its subcontractors) have an obligation to utilize the U.S. Department of Homeland Security’s (DHS) E-Verify system for all newly hired employees. By executing this Contract, the Contractor certifies that it is registered with, and uses, the E-Verify system for all newly hired employees. The Contractor must obtain an affidavit from its subcontractors in accordance with paragraph (2)(b) of section 448.095, F.S., and maintain a copy of such affidavit for the duration of the Contract. In order to implement this provision, the Contractor shall provide a copy of its DHS Memorandum of Understanding (MOU) to the Department’s Contract Manager within five (5) days of Contract execution. This section serves as notice to the Contractor regarding the requirements of section 448.095, F.S., specifically sub-paragraph (2)(c)1, and the Department’s obligation to terminate the Contract if it has a good faith belief that the Contractor has knowingly violated section 448.09(1), F.S. If terminated for such reason, the Contractor will not be eligible for award of a public contract for at least one (1) year after the date of such termination. The Department reserves the right to order the immediate termination of any contract between the Contractor and a subcontractor performing work on its behalf should the Department develop a good faith belief that the subcontractor has knowingly violated section 448.095(1), F.S. This section shall only be deemed to apply to the extent Contractor is subject to the applicable State E-Verify laws j. Section 13.3 Disqualifying Offenses If at any time it is determined that a person directly or indirectly providing commodities and services under this Contract has been found guilty of a misdemeanor or felony offense as a result of a trial or has entered a plea of guilty or nolo contendere, regardless of whether adjudication was withheld, within the last six (6) years from the date of the court’s determination for the crimes listed below, or their equivalent in any jurisdiction, the Contractor is required to immediately remove that person from any position with access to State of Florida data or directly performing services under the Contract. The disqualifying offenses are as follows: (a) Computer related crimes; (b) Information technology crimes; (c) Fraudulent practices; (d) False pretenses; (e) Frauds; (f) Credit card crimes; (g) Forgery; (h) Counterfeiting; (i) violations involving checks or drafts; (j) Misuse of medical or personnel records; and (k) Felony theft. k. Section 13.4, Confidentiality 7 The Contractor must maintain confidentiality of all confidential data, files, and records related to the commodities or contractual services provided pursuant to the Contract and must comply with all state and federal laws, including, but not limited to sections 381.004, 384.29, 392.65, and 456.057, F.S. The Contractor hereby represents, warrants and covenants that it shall cause and ensure that all measures set forth in Section 9.6 and Exhibit G, Section 7 of the Master Agreement be provided and delivered to the State, and all representations, warranties and covenants made in such sections are hereby also made to State. 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Incentive Share #1 – Standard Volume Incentive – Each Customer will receive a basis point (percentage) of their quarterly standard sales volume. The formula for calculating the Standard Volume Incentive is: Quarterly Total Volume x basis points = Quarterly Standard Volume Incentive. Basis Points Offered: __170 basis points (1.70%)___________ 2. Incentive Share #2 – Prompt Payment Incentive – Each Customer will receive a basis point (percentage) of their Quarterly Total Volume based on the entity’s average speed of pay. The formula for calculating the Prompt Payment Incentive is: Quarterly Total Volume x Basis Points for Entity average file turn days = Quarterly Prompt Payment Incentive. Note: The payment terms for the Master Agreement is forty-five (45) days. Basis Points Offered: Avg File Turn Days Basis Point Avg File Turn Days Basis Point Avg File Turn Days Basis Point 1 20 21 7.375 41 1.25 2 19 22 7 42 1 3 18 23 6.625 43 0.75 4 17 24 6.25 44 0.5 5 16 25 5.875 45 0.25 6 15 26 5.5 46 0 7 14 27 5.125 47 0 8 13.5 28 4.75 48 0 9 13 29 4.375 49 0 10 12.5 30 4 50 0 11 12 31 3.75 51 0 12 11.5 32 3.5 52 0 13 11 33 3.25 53 0 14 10.5 34 3 54 0 15 10 35 2.75 55 0 16 9.5 36 2.5 56 0 17 9 37 2.25 57 0 18 8.5 38 2 58 0 19 8.125 39 1.75 59 0 20 7.75 40 1.5 60 0 3. Incentive Share #3 – National Annual Volume Incentive – Each Participating State will receive an incentive based on the total National Annual Volume (total annual sales for all Participating States/Participating Entities). The formula for calculating the National Annual Sales Volume Incentive is: National Annual Volume (for all Fleet products) x basis points = National Annual Sales Volume Incentive. Basis Points Offered: Total Annual Spend Basis Points $50,000,000 – $100,000,000 10 $100,000,001– $200,000,000 15 $200,000,001– $300,000,000 20 $300,000,001– $400,000,000 25 $400,000,001+ 30 FEES Below is a list of fees allowed under this Master Agreement. If choosing to charge these fees throughout the agreement, indicate the amount and/or rates here. Fee Type Fee Amount Foreign Transaction Fee 1.5% of the total transaction value Overnight Delivery Fee $15.00 per occurrence TM For more information, visit www.WEXinc.com DRIVING YOUR FLEET— and your business THE WEX FLEET CARD SERVICEFUEL ROADSIDE FLUIDS PARTS FUEL SERVICE Card acceptance is subject to independent owner/operator participation and subject to change without notice. WHY WEX? WEX is the leader in fleet industry payments. We issue cards for 11.4 million vehicles, executed 517 million fuel transactions in 2017 alone, and now have over 500,000 customers. With 30+ years experience in the payments industry, we have the tools to help fleets of all sizes effectively manage their vehicles. Our customer retention rate is 97%, illustrating high satisfaction. PROPRIETARY NETWORK Our proprietary network means that we own the back-end rails that power each transaction. Every time your driver swipes a card, we process the transaction, capture the data, and ensure that you have the information you need to manage your budget — and control driver spend. We don’t run on someone else’s rails — which means we get you key insights into your business’ spend that others can’t provide. Driver swipes WEX card and inputs Driver ID Merchant Aquirer Processor Card Issuer Invoice and Report to Fleet Manager Payment toMerchantIssuer Processor Issuing Bank PRODUCT TYPE CONTROLS With WEX’s technology, you can achieve tighter controls than with generic bank cards. Our leading WEX Online account management system allows you to control what types of products your drivers buy, and when they buy them. For example, if you want your drivers to purchase no more than $50 per transaction, on Mondays and Wednesdays, from 9am-5pm, just set the limits and let our system do the rest. You can even decide if you want to open up purchases to fluids, vehicle maintenance, and soft drinks. Or, just limit them to fuel only. It’s that easy to reduce the risk of card misuse or fraud.* By hours of the day By days of the week Dollars per day of the week Product categoryDollars per transaction TM www.WEXinc.com *Actual savings may vary. LEVEL III DATA CAPTURE WEX cards capture transactions electronically with 99.8% Level III data capture — vital information beyond the basics. You will see odometer readings that show miles per gallon and help identify irregular purchases. Driver Identification Numbers will clearly show you “who” bought what, when and where. Product detail will tell you which product types were purchased. With greater information, you can make decisions and gain control over your budget. ODOMETER (COST PER MILE, MILES PER GALLON, EXCEPTIONS/UNAUTHORIZED PURCHASES) VEHICLE ID NUMBER (WHICH VEHICLE PURCHASED WHAT, WHEN, AND WHERE) DRIVER ID NUMBER (WHO BOUGHT WHAT, WHEN & WHERE) PRODUCT TYPE AND DESCRIPTION LINE ITEM DETAIL (NON-FUEL PURCHASES) MERCHANT TYPE FUEL GRADE COST PER GALLON SALES TAX NUMBER OF GALLONS PURCHASE DATE AND TIME MERCHANT ADDRESS MERCHANT NAME TOTAL PURCHASE COST ACCOUNT NUMBER LEVEL 3 LEVEL 2 LEVEL 1 INFORMATION CAPTURING CAPABILITIES SAVINGSACCOUNTABILITY DEBIT CARDS CORPORATE CARDS WEX FLEET CARDS SUPPORT FOR ALTERNATIVE FUELS Fleets of all sizes are exploring alternative fuels as part of their vehicle mix. Whatever your choice, our goal is to ensure that you can purchase fuel with your WEX card — and get robust reporting on all transactions. We are actively working to expand our network of alternative fuel merchant locations — from electric charging stations to more conventional fuels. Our WEX Online directory includes over 4,500 alternative fuel locations where the WEX card is accepted. AWARD-WINNING CUSTOMER SERVICE Our award-winning customer service center has been ranked #20 in the Top 100 Call Center List. Our customer service center is fleet focused, U.S.-based, and open 24/7. A skills-based call-routing system means a direct connection to the person best suited to assist you. ACCEPTANCE With acceptance at more than 95% of all U.S. retail fueling locations, plus more than 45,000 service locations, you keep your drivers on the road and on the job. Our universal acceptance assures that you have access to a fuel station when you need it, as well as the critical data your business demands. www.WEXinc.com TM For more information, visit www.WEXinc.com WEXU-279 7/13 * *Actual savings may vary. WEX FLEET CARD ® ® WEX TM BOOST REVENUE REDUCE COSTS DRIVE EFFICIENCIES WEX is a top-ten issuer of commercial payment purchasing solutions and single-use, virtual account, and AP solutions OTHER WEX PRODUCTS Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9467 Agenda Date: 8/5/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Solid Waste/General Services Agenda Number: 7.12 SUBJECT/RECOMMENDATION: Authorize purchase orders to multiple vendors as listed, for the purchase of Heating, Ventilation and Air Conditioning (HVAC) replacement and repair parts, in the cumulative annual not-to-exceed amount of $700,000.00 for Fiscal Year 21/22, pursuant to City Code of Ordinances Sections 2.561(5)(a) Small purchases, 2.563 (1)(b) Micro purchases and 2.563(1) (c) Piggyback or cooperative purchasing, and authorize the appropriate officials to execute same. (consent) SUMMARY: Building & Maintenance Division’s HVAC purchases for equipment replacement and repair parts have been procured through piggyback contracts, obtaining quotes for small purchases and micro purchases from authorized local distributors in the Tampa Bay area. While Tampa Bay Trane is the majority of the expenditures for HVAC replacement and repair parts, local distributors will be used depending on the type of part needed. Quotes will be obtained for small purchases (exceeding $2,500.00) that are not available on contract and will be monitored by the department and Procurement. This request consolidates the authorization to utilize a properly sourced piggyback contract and to obtain quotes for small purchases and micro purchases from authorized local distributors as listed: *Tampa Bay Trane - Piggyback off Omnia formally US Communities (Contract # 15 -JLP-023 expires 9/30/2022) *Florida Cooling & Supply - Micro/small purchases from local authorized distributor located in Clearwater, FL (Heil, Copeland, Honeywell, Larkin, Tempstar, Grandaire, Arcoaire, Manitowoc, and associated parts, controls, motors, and tools) *Johnstone Supply - Micro/small purchases from local authorized distributor located in Tampa, FL (Westinghouse, Daiken, Coleman, CDI, and Goodman and associated parts, controls, motors, and tools) *Florida Cooling & Supply - Micro/small purchases from local authorized distributor located in Clearwater, FL (Mistubishi, Fijitsu, Bohn, Airtemp, Nordyne, and associated parts, controls, motors, and tools) *RE Michel Company - Micro/small purchases from local authorized distributor located in Largo, FL (Heil, Arocaire, Tempstar, Tecumseh, Copeland, and associated parts, controls, motors, Page 1 City of Clearwater Printed on 8/4/2021 File Number: ID#21-9467 and tools) Flexibility is requested to allow for expenditure of budgeted funds as needed throughout the year, in accordance with the intent of this general authorization. Additional vendors may be engaged as needed following the approved procurement guidelines. APPROPRIATION CODE AND AMOUNT: 5656531-546200 GSBM180001-R&M-MATLS These funds are available in the operating expense of Building & Maintenance as budgeted in fiscal year 21/22 as well as funding available in the project. APPROPRIATION CODE AND AMOUNT: [Sample Statement Delete if not needed - Funding for this contract will be provided by a _____ budget amendment allocating General Fund reserves in the amount of $_______ to capital improvement project 9xxxx, project title. A net total of $_______ of General Fund reserves has been used to date to fund expenditures in the 2014/15 operating budget. The remaining balance in General Fund reserves is approximately $______, or ___% of the current General Fund operating budget.] Page 2 City of Clearwater Printed on 8/4/2021 Building Solutions REQUEST INFORMATION Overview Contract Documentation Energy Services  (866 )875-3299 | Contact Us REGISTER  MENU Page 1 of 6Trane | OMNIA Partners 9/10/2019https://www.omniapartners.com/publicsector/contracts/supplier-contracts/trane U.S. Communities and National IPA, both wholly-owned subsidiaries of OMNIA Partners, have come together as OMNIA Partners, Public Sector. All public sector participants already registered with National IPA or U.S. Communities continue to have access to all contracts, with certain exceptions, in the portfolio and do not need to re-register to use a legacy National IPA, legacy U.S. Communities, or new OMNIA Partners contract. U.S. Communities and National IPA remain separate legal entities and lead agency contracts completed under each brand are effective and available for use through the contract’s approved term. In the event we believe re- registration is necessary for any reason, OMNIA Partners will let you know. HVAC Products, Installation, Services and Related Products and Services Lead Agency Harford County Public Schools, MD Contract Number 15-JLP-023 3-year initial term, October 1, 2015, through September 30, 2018 Option to renew for (2) additional (2) year periods The contract is renewed for two (2) years, effective October 1, 2018, through September 30, 2020 The contract is renewed for two (2) years, effective October 1, 2020, through September 30, 2022 Executive Summary •Uniform Guidance HVAC Equipment & Parts Building Services Sustainability Solutions for K-12 Schools Solutions for Higher Education  Page 2 of 6Trane | OMNIA Partners 9/10/2019https://www.omniapartners.com/publicsector/contracts/supplier-contracts/trane Contract Documents •Trane Contract 15-JLP-023 •Trane Contract 15-JDP-023 Amendment – Bonds •Parts Pricing •Harford County Public Schools Contact Information •Pricing Clarification •Contract Renewal 1 •Contract Renewal 2 RFP Documents •RFP 15-JLP-023 •RFP 15-JLP-023 Addendum 1 •RFP 15-JLP-023 Addendum 2 •RFP 15-JLP-023 Addendum 3 •RFP 15-JLP-023 Postings Response Evaluation •AZ Compliance Energy Savings Performance Contracting Technical Energy Audit Services Lead Agency Port of Portland, OR Contract Number 1153 6-year initial term, December 1, 2017 - December 3, 2023 Option to renew for (1) additional (5) year period Executive Summary •Uniform Guidance  Page 3 of 6Trane | OMNIA Partners 9/10/2019https://www.omniapartners.com/publicsector/contracts/supplier-contracts/trane Contract Documents •Trane Contract 1153 •Contract Amendment RFP Documents •RFP 2017-7473 •Schedule 1 Pricing Scenario •Schedule 2 Pricing Scenario •RFP 2017-7473 Addendum 1 •RFP 2017-7473 Addendum 2 •RFP 2017-7473 Addendum 3 •RFP 2017-7473 Postings Response Evaluation •AZ Compliance DOWNLOAD BROCHURE  Page 4 of 6Trane | OMNIA Partners 9/10/2019https://www.omniapartners.com/publicsector/contracts/supplier-contracts/trane . 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Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9423 Agenda Date: 8/5/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Legal Department Agenda Number: 7.13 SUBJECT/RECOMMENDATION: Approve an Interlocal Agreement with Pinellas County, the City of St. Petersburg, and the City of Pinellas Park for the distribution of settlement funds from opioid litigation and authorize the appropriate officials to execute same. (consent) SUMMARY: As a result of the national opioid crisis, many governmental entities throughout the country filed lawsuits against opioid manufacturers, distributors, and retailers (hereinafter referred to as the “defendants”) to hold them accountable for the damage caused by their misfeasance, nonfeasance and malfeasance, as well as to recover monetary damages for past harm and financial compensation for ongoing and future abatement efforts. The City of Clearwater, as well as the City of St. Petersburg, the City of Pinellas Park (hereinafter referred to as the “MDL Cities”) and the County each hired litigation counsel and individually elected to file suit against the defendants. These lawsuits were consolidated with other lawsuits filed by state, tribal and local governmental entities into what is known as the National Prescription Opiate Litigation in the United States District Court of the Northern District of Ohio, Eastern Division, case number 1:17-MD-2804. As a result of this litigation, multiple defendants have begun to negotiate settlements. The Attorney General for the State of Florida (hereinafter “Attorney General”) anticipates that Settlement funds will be distributed to the State of Florida over multiple years as part of a global settlement, and not directly to the MDL Cities and County, despite their position as party plaintiffs, and the Attorney General has proposed entering into agreements with local governments within the State of Florida to receive Settlement funds. This agreement (hereinafter referred to as the “State MOU”), as currently drafted, divides settlement funds into three portions designated as City/County, Regional and State funds. It is anticipated that the State MOU will set forth the amount and manner of distribution of City/County and Regional Settlement funds within Florida, the requirements to receive and manage Regional funds, and the purposes for which Regional funds may be used. The current draft of the State MOU is attached hereto as Exhibit A. The parties recognize that local control over Settlement funds is in the best interest of all Page 1 City of Clearwater Printed on 8/4/2021 File Number: ID#21-9423 persons within the geographic boundaries of Pinellas County and ensures that Settlement funds are available and used to address opioid-related impacts within Pinellas County and are, therefore, committed to the County qualifying as a “Qualified County” and thereby receiving Regional funds pursuant to the State MOU. The State MOU requires that in order for Pinellas County to become a Qualified County eligible to receive Regional Funding, there must be an interlocal agreement among Pinellas County and Municipalities, as defined in the MOU, with combined population exceeding 50% of the total population of the Municipalities within Pinellas County, with the term “Municipalities” being defined for the purpose in this Agreement as those municipalities with a population of 10,000 or more as required by the State MOU; or with population less than 10,000 who were party plaintiffs; population for purposes of the MOU is determined by specific Census data. The Agreement provides for an Opioid Abatement Funding Advisory Board that will determine guidelines for the use of the funding in accordance with the requirements of the State MOU. The Board will be comprised of one member from each of the parties (St. Petersburg, Pinellas Park, Clearwater and Pinellas County), along with the Director of the Florida Department of Health in Pinellas County or designee or someone with subject matter expertise in public health or addiction and is not employed by a provider of opioid-related services in Pinellas County, and appointed by the four other members of the Board if the Department of Health declines to participate. The recommendations of the Board must be presented to the Pinellas County Board of County Commissioners, who shall accept the recommendations unless at least five of the seven members of the BOCC reject such recommendations. APPROPRIATION CODE AND AMOUNT: N/A Page 2 City of Clearwater Printed on 8/4/2021 Centralized, County-wide Competitive Grant Process (following Social Action Model) x Fiscal Oversight: o Regional Funding is provided to Pinellas County for direct fiscal oversight, accountability, and coordination across litigation partners (i.e.: St. Petersburg, Clearwater, and Pinellas Park) x Unified, Competitive Process for Fund Allocation: o Pinellas County would leverage the County’s infrastructure, including but not limited to Social Action Funding infrastructure, to perform competitive solicitation in single or multiple rounds o Leverage Online Neighborly Granting Software, or other similar software, for application submission, documentation, and review o Agencies/service providers can have multiple submissions under different priority areas o Awards can be designed as one-year or multi-year efforts depending on the structure of the opioid funding x Review Team Under Unified Process: o Reviewers would represent County, St. Petersburg, Clearwater, Pinellas Park, and may also include local Department of Health o Final Review recommendations approved by the BCC for funding pursuant to the terms of the Interlocal Agreement Governing Use of Pinellas County Regional Opioid Settlement Funds x Oversight and Reporting: o Contracts would be issued by Pinellas County o Quarterly Governance Meetings by the Pinellas Opioid Abatement Funding Advisory Board (OAFAB) o Quarterly reporting by awarded agencies/service providers o Annual, or as required, Reporting by County (report to BCC for approval and forwarded to State) pursuant to the agreement with the Florida Plan x Priority Areas for Awards: o As determined by OAFAB pursuant to the Approved Uses under the Florida Plan which may include: Opioid and substance misuse prevention and education Opioid and substance misuse treatment and supportive services Opioid and substance misuse education and caregiver support Opioid and substance misuse mitigation and enforcement System-Level Investments and Innovations to abate the opioid epidemic x Competitive Award Amounts: o Award amounts may vary depending on available resource levels and priorities of OAFAB and data-reflected needs of the community. x Basic Eligibility Examples for Competitive Awards: o The proposed programs/services must serve residents of Pinellas County. o The applicant organization must not discriminate against any person on the basis of age, sex, race, ethnicity, color, religion, national origin, disability, marital status or sexual orientation in admission, treatment, or participation in its programs, services, activities and/or employment. EXHIBIT B o The mission of the applicant organization must be consistent with the goal of addressing the health, economic, and social well-being of Pinellas County residents in need of opioid and substance misuse assistance. o The applicant organization must be incorporated in the State of Florida for at least one (1) year prior to date of application. o The applicant organization must agree to all terms and conditions contained in the Pinellas County Funding Agreement. o Programs proposed by faith organizations must have a secular purpose, neither advance nor inhibit religion, and must not require worship or religious instruction activities as a condition of participation per Federal guidelines. Services provided by faith organizations must be available to Pinellas County residents, not solely for congregation members. [Remainder of page intentionally left blank] 000003/01288125_1 Whereas, the people of the State of Florida and its communities have been harmed by misfeasance, nonfeasance and malfeasance committed by certain entities within the Pharmaceutical Supply Chain; Whereas, the State of Florida, through its Attorney General, and certain Local Governments, through their elected representatives and counsel, are separately engaged in litigation seeking to hold Pharmaceutical Supply Chain Participants accountable for the damage caused by their misfeasance, nonfeasance and malfeasance; Whereas, the State of Florida and its Local Governments share a common desire to abate and alleviate the impacts of that misfeasance, nonfeasance and malfeasance throughout the State of Florida; Whereas, it is the intent of the State of Florida and its Local Governments to use the proceeds from Settlements with Pharmaceutical Supply Chain Participants to increase the amount of funding presently spent on opioid and substance abuse education, treatment and other related programs and services, such as those identified in Exhibits A and B, and to ensure that the funds are expended in compliance with evolving evidence-based “best practices”; Whereas, the State of Florida and its Local Governments, subject to the completion of formal documents that will effectuate the Parties’ agreements, enter into this Memorandum of Understanding (“MOU”) relating to the allocation and use of the proceeds of Settlements described herein; and Whereas, this MOU is a preliminary non-binding agreement between the Parties, is not legally enforceable, and only provides a basis to draft formal documents which will effectuate the Parties’ agreements. A.Definitions As used in this MOU: 1. “Approved Purpose(s)” shall mean forward-looking strategies, programming andservices used to expand the availability of treatment for individuals impacted by substance use disorders, to: (a) develop, promote, and provide evidence-based substance use prevention strategies; (b) provide substance use avoidance and awareness education; (c) decrease the oversupply of licit and illicit opioids; and (d) support recovery from addiction. Approved Purposes shall include, but are not limited to, the opioid abatement strategies listed on Exhibits A and B which are incorporated herein by reference. 2. “Local Governments” shall mean all counties, cities, towns and villages locatedwithin the geographic boundaries of the State. 3.“Managing Entities” shall mean the corporations selected by and under contract with the Florida Department of Children and Families or its successor (“DCF”) to manage the Exhibit A PROPOSAL MEMORANDUM OF UNDERSTANDING daily operational delivery of behavioral health services through a coordinated system of care. The singular “Managing Entity” shall refer to a singular of the Managing Entities. 4. “County” shall mean a political subdivision of the state established pursuant to s. 1, Art. VIII of the State Constitution. 5. “Municipalities” shall mean cities, towns, or villages of a County within the State with a Population greater than 10,000 individuals and shall also include cities, towns or villages within the State with a Population equal to or less than 10,000 individuals which filed a Complaint in this litigation against Pharmaceutical Supply Chain Participants. The singular “Municipality” shall refer to a singular of the Municipalities. 6. ‘‘Negotiating Committee” shall mean a three-member group comprised by representatives of the following: (1) the State; and (2) two representatives of Local Governments of which one representative will be from a Municipality and one shall be from a County (collectively, “Members”) within the State. The State shall be represented by the Attorney General or her designee. 7. “Negotiation Class Metrics” shall mean those county and city settlement allocations which come from the official website of the Negotiation Class of counties and cities certified on September 11, 2019 by the U.S. District for the Northern District of Ohio in In re National Prescription Opiate Litigation, MDL No. 2804 (N.D. Ohio). The website is located at https://allocationmap.iclaimsonline.com. 8. “Opioid Funds” shall mean monetary amounts obtained through a Settlement as defined in this MOU. 9. “Opioid Related” shall have the same meaning and breadth as in the agreed Opioid Abatement Strategies attached hereto as Exhibits A or B. 10. “Parties” shall mean the State and Local Governments. The singular word “Party” shall mean either the State or Local Governments. 11. “PEC” shall mean the Plaintiffs’ Executive Committee of the National Prescription Opiate Multidistrict Litigation pending in the United States District Court for the Northern District of Ohio. 12. “Pharmaceutical Supply Chain” shall mean the process and channels through which Controlled Substances are manufactured, marketed, promoted, distributed or dispensed. 13. “Pharmaceutical Supply Chain Participant” shall mean any entity that engages in, or has engaged in the manufacture, marketing, promotion, distribution or dispensing of an opioid analgesic. 14. “Population” shall refer to published U.S. Census Bureau population estimates as of July 1, 2019, released March 2020, and shall remain unchanged during the term of this MOU. These estimates can currently be found at https://www.census.gov 15. “Qualified County” shall mean a charter or non-chartered county within the State that: has a Population of at least 300,000 individuals and (a) has an opioid taskforce of which it is a member or operates in connection with its municipalities or others on a local or regional basis; (b) has an abatement plan that has been either adopted or is being utilized to respond to the opioid epidemic; (c) is currently either providing or is contracting with others to provide substance abuse prevention, recovery, and treatment services to its citizens; and (d) has or enters into an agreement with a majority of Municipalities (Majority is more than 50% of the Municipalities’ total population) related to the expenditure of Opioid Funds. The Opioid Funds to be paid to a Qualified County will only include Opioid Funds for Municipalities whose claims are released by the Municipality or Opioid Funds for Municipalities whose claims are otherwise barred. 16. “SAMHSA” shall mean the U.S. Department of Health & Human Services, Substance Abuse and Mental Health Services Administration. 17. “Settlement” shall mean the negotiated resolution of legal or equitable claims against a Pharmaceutical Supply Chain Participant when that resolution has been jointly entered into by the State and Local Governments or a settlement class as described in (B)(1) below. 18. “State” shall mean the State of Florida. B. Terms 1. Only Abatement - Other than funds used for the Administrative Costs and Expense Fund as hereinafter described in paragraph 6 and paragraph 9, respectively), all Opioid Funds shall be utilized for Approved Purposes. To accomplish this purpose, the State will either file a new action with Local Governments as Parties or add Local Governments to its existing action, sever settling defendants, and seek entry of a consent order or other order binding both the State, Local Governments, and Pharmaceutical Supply Chain Participant(s) (“Order”). The Order may be part of a class action settlement or similar device. The Order shall provide for continuing jurisdiction of a state court to address non-performance by any party under the Order. Any Local Government that objects to or refuses to be included under the Order or entry of documents necessary to effectuate a Settlement shall not be entitled to any Opioid Funds and its portion of Opioid Funds shall be distributed to, and for the benefit of, the other Local Governments. 2. Avoid Claw Back and Recoupment - Both the State and Local Governments wish to maximize any Settlement and Opioid Funds. In addition to committing to only using funds for the Expense Funds, Administrative Costs and Approved Purposes, both Parties will agree to utilize a percentage of funds for the core strategies highlighted in Exhibit A. Exhibit A contains the programs and strategies prioritized by the U.S. Department of Justice and/or the U.S. Department of Health & Human Services (“Core Strategies”). The State is trying to obtain the United States’ agreement to limit or reduce the United States’ ability to recover or recoup monies from the State and Local Government in exchange for prioritization of funds to certain projects. If no agreement is reached with the United States, then there will be no requirement that a percentage be utilized for Core Strategies. 3. Distribution Scheme - All Opioid Funds will initially go to the State, and then be distributed according to the following distribution scheme. The Opioid Funds will be divided into three funds after deducting costs of the Expense Fund detailed in paragraph 9 below: (a) City/County Fund- The city/county fund will receive 15% of all Opioid Funds to directly benefit all Counties and Municipalities. The amounts to be distributed to each County and Municipality shall be determined by the Negotiation Class Metrics or other metrics agreed upon, in writing, by a County and a Municipality. For Local Governments that are not within the definition of County or Municipality, those Local Governments may receive that government’s share of the City/County Fund under the Negotiation Class Metrics, if that government executes a release as part of a Settlement. Any Local Government that is not within the definition of County or Municipality and that does not execute a release as part of a Settlement shall have its share of the City/County Fund go to the County in which it is located. (b) Regional Fund- The regional fund will be subdivided into two parts. (i) The State will annually calculate the share of each County within the State of the regional fund utilizing the sliding scale in section 4 of the allocation contained in the Negotiation Class Metrics or other metrics that the Parties agree upon. (ii) For Qualified Counties, the Qualified County’s share will be paid to the Qualified County and expended on Approved Purposes, including the Core Strategies identified in Exhibit A, if applicable. (iii) For all other Counties, the regional share for each County will be paid to the Managing Entities providing service for that County. The Managing Entities will be required to expend the monies on Approved Purposes, including the Core Strategies. The Managing Entities shall endeavor to the greatest extent possible to expend these monies on counties within the State that are non-Qualified Counties and to ensure that there are services in every County. (c) State Fund - The remainder of Opioid Funds after deducting the costs of the Expense Fund detailed in paragraph 9, the City/County Fund and the Regional Fund will be expended by the State on Approved Purposes, including the provisions related to Core Strategies, if applicable. (d) To the extent that Opioid Funds are not appropriated and expended in a year by the State, the State shall identify the investments where settlement funds will be deposited. Any gains, profits, or interest accrued from the deposit of the Opioid Funds to the extent that any funds are not appropriated and expended within a calendar year, shall be the sole property of the Party that was entitled to the initial deposit. 4. Regional Fund Sliding Scale- The Regional Fund shall be calculated by utilizing the following sliding scale of the Opioid Funds available in any year: A. Years 1-6: 40% B. Years 7-9: 35% C. Years 10-12: 34% D. Years 13-15: 33% E. Years 16-18: 30% 5. Opioid Abatement Taskforce or Council - The State will create an Opioid Abatement Taskforce or Council (sometimes hereinafter “Taskforce” or “Council”) to advise the Governor, the Legislature, Florida’s Department of Children and Families (“DCF”), and Local Governments on the priorities that should be addressed as part of the opioid epidemic and to review how monies have been spent and the results that have been achieved with Opioid Funds. (a) Size - The Taskforce or Council shall have ten Members equally balanced between the State and the Local Governments. (b) Appointments Local Governments - Two Municipality representatives will be appointed by or through Florida League of Cities. Two county representatives, one from a Qualified County and one from a county within the State that is not a Qualified County, will be appointed by or through the Florida Association of Counties. The final representative will alternate every two years between being a county representative (appointed by or through Florida Association of Counties) or a Municipality representative (appointed by or through the Florida League of Cities). One Municipality representative must be from a city of less than 50,000 people. One county representative must be from a county less than 200,000 people and the other county representative must be from a county whose population exceeds 200,000 people. (c) Appointments State - (i) The Governor shall appoint two Members. (ii) The Speaker of the House shall appoint one Member. (iii) The Senate President shall appoint one Member. (iv) The Attorney General or her designee shall be a Member. (d) Chair - The Attorney General or designee shall be the chair of the Taskforce or Council. (e) Term - Members will be appointed to serve a two-year term. (f) Support - DCF shall support the Taskforce or Council and the Taskforce or Council shall be administratively housed in DCF. (g) Meetings - The Taskforce or Council shall meet quarterly in person or virtually using communications media technology as defined in section 120.54(5)(b)(2), Florida Statutes. (h) Reporting - The Taskforce or Council shall provide and publish a report annually no later than November 30th or the first business day after November 30th, if November 30th falls on a weekend or is otherwise not a business day. The report shall contain information on how monies were spent the previous fiscal year by the State, each of the Qualified Counties, each of the Managing Entities, and each of the Local Governments. It shall also contain recommendations to the Governor, the Legislature, and Local Governments for priorities among the Approved Purposes for how monies should be spent the coming fiscal year to respond to the opioid epidemic. (i) Accountability - Prior to July 1st of each year, the State and each of the Local Governments shall provide information to DCF about how they intend to expend Opioid Funds in the upcoming fiscal year. The State and each of the Local Government shall report its expenditures to DCF no later than August 31st for the previous fiscal year. The Taskforce or Council will set other data sets that need to be reported to DCF to demonstrate the effectiveness of Approved Purposes. All programs and expenditures shall be audited annually in a similar fashion to SAMHSA programs. Local Governments shall respond and provide documents to any reasonable requests from the State for data or information about programs receiving Opioid Funds. (j) Conflict of Interest - All Members shall adhere to the rules, regulations and laws of Florida including, but not limited to, Florida Statute §112.311, concerning the disclosure of conflicts of interest and recusal from discussions or votes on conflicted matters. 6. Administrative Costs- The State may take no more than a 5% administrative fee from the State Fund (“Administrative Costs”) and any Regional Fund that it administers for counties that are not Qualified Counties. Each Qualified County may take no more than a 5% administrative fee from its share of the Regional Funds. 7. Negotiation of Non-Multistate Settlements - If the State begins negotiations with a Pharmaceutical Supply Chain Participant that is separate and apart from a multi-state negotiation, the State shall include Local Governments that are a part of the Negotiating Committee in such negotiations. No Settlement shall be recommended or accepted without the affirmative votes of both the State and Local Government representatives of the Negotiating Committee. 8. Negotiation of Multistate or Local Government Settlements - To the extent practicable and allowed by other parties to a negotiation, both Parties agree to communicate with members of the Negotiation Committee regarding the terms of any other Pharmaceutical Supply Chain Participant Settlement. 9. Expense Fund - The Parties agree that in any negotiation every effort shall be made to cause Pharmaceutical Supply Chain Participants to pay costs of litigation, including attorneys’ fees, in addition to any agreed to Opioid Funds in the Settlement. To the extent that a fund sufficient to pay the entirety of all contingency fee contracts for Local Governments in the State of Florida is not created as part of a Settlement by a Pharmaceutical Supply Chain Participant, the Parties agree that an additional expense fund for attorneys who represent Local Governments (herein “Expense Fund”) shall be created out of the City/County fund for the purpose of paying the hard costs of a litigating Local Government and then paying attorneys’ fees. (a) The Source of Funds for the Expense Fund- Money for the Expense Fund shall be sourced exclusively from the City/County Fund. (b) The Amount of the Expense Fund- The State recognizes the value litigating Local Governments bring to the State of Florida in connection with the Settlement because their participation increases the amount Incentive Payments due from each Pharmaceutical Supply Chain Participant. In recognition of that value, the amount of funds that shall be deposited into the Expense fund shall be contingent upon on the percentage of litigating Local Government participation in the Settlement, according to the following table: Litigating Local Government Participation in the Settlement (by percentage of the population) Amount that shall be paid into the Expense Fund from (and as a percentage of) the City/County fund 96 to 100% 10% 91 to 95% 7.5% 86 to 90% 5% 85% 2.5% Less than 85% 0% If fewer than 85% percent of the litigating Local Governments (by population) participate, then the Expense Fund shall not be funded, and this Section of the MOU shall be null and void. (c) The Timing of Payments into the Expense Fund- Although the amount of the Expense Fund shall be calculated based on the entirety of payments due to the City/County fund over a ten to eighteen year period, the Expense Fund shall be funded entirely from payments made by Pharmaceutical Supply Chain Participants during the first two years of the Settlement. Accordingly, to offset the amounts being paid from the City/County to the Expense Fund in the first two years, Counties or Municipalities may borrow from the Regional Fund during the first two years and pay the borrowed amounts back to the Regional Fund during years three, four, and five. For the avoidance of doubt, the following provides an illustrative example regarding the calculation of payments and amounts that may be borrowed under the terms of this MOU, consistent with the provisions of this Section: Opioid Funds due to State of Florida and Local Governments (over 10 to 18 years): $1,000 Litigating Local Government Participation: 100% City/County Fund (over 10 to 18 years): $150 Expense Fund (paid over 2 years): $15 Amount Paid to Expense Fund in 1st year: $7.5 Amount Paid to Expense Fund in 2nd year $7.5 Amount that may be borrowed from Regional Fund in 1st year: $7.5 Amount that may be borrowed from Regional Fund in 2nd year: $7.5 Amount that must be paid back to Regional Fund in 3rd year: $5 Amount that must be paid back to Regional Fund in 4th year: $5 Amount that must be paid back to Regional Fund in 5th year: $5 (d) Creation of and Jurisdiction over the Expense Fund- The Expense Fund shall be established, consistent with the provisions of this Section of the MOU, by order of the Circuit Court of the Sixth Judicial Circuit in and for Pasco County, West Pasco Division New Port Richey, Florida, in the matter of The State of Florida, Office of the Attorney General, Department of Legal Affairs v. Purdue Pharma L.P., et al., Case No. 2018-CA-001438 (the “Court”). The Court shall have jurisdiction over the Expense Fund, including authority to allocate and disburse amounts from the Expense Fund and to resolve any disputes concerning the Expense Fund. (e) Allocation of Payments to Counsel from the Expense Fund- As part of the order establishing the Expense Fund, counsel for the litigating Local Governments shall seek to have the Court appoint a third-neutral to serve as a special master for purposes of allocating the Expense Fund. Within 30 days of entry of the order appointing a special master for the Expense Fund, any counsel who intend to seek an award from the Expense Fund shall provide the copies of their contingency fee contracts to the special master. The special master shall then build a mathematical model, which shall be based on each litigating Local Government’s share under the Negotiation Class Metrics and the rate set forth in their contingency contracts, to calculate a proposed award for each litigating Local Government who timely provided a copy of its contingency contract. 10. Dispute resolution- Any one or more of the Local Governments or the State may object to an allocation or expenditure of Opioid Funds solely on the basis that the allocation or expenditure at issue (a) is inconsistent with the Approved Purposes; (b) is inconsistent with the distribution scheme as provided in paragraph 3, or (c) violates the limitations set forth herein with respect to administrative costs or the Expense Fund. There shall be no other basis for bringing an objection to the approval of an allocation or expenditure of Opioid Funds. 1 Schedule A Core Strategies States and Qualifying Block Grantees shall choose from among the abatement strategies listed in Schedule B. However, priority shall be given to the following core abatement strategies (“Core Strategies”)[, such that a minimum of __% of the [aggregate] state-level abatement distributions shall be spent on [one or more of] them annually].1 A. Naloxone or other FDA-approved drug to reverse opioid overdoses 1. Expand training for first responders, schools, community support groups and families; and 2. Increase distribution to individuals who are uninsured or whose insurance does not cover the needed service. B. Medication-Assisted Treatment (“MAT”) Distribution and other opioid-related treatment 1. Increase distribution of MAT to non-Medicaid eligible or uninsured individuals; 2. Provide education to school-based and youth-focused programs that discourage or prevent misuse; 3. Provide MAT education and awareness training to healthcare providers, EMTs, law enforcement, and other first responders; and 4. Treatment and Recovery Support Services such as residential and inpatient treatment, intensive outpatient treatment, outpatient therapy or counseling, and recovery housing that allow or integrate medication with other support services. C. Pregnant & Postpartum Women 1. Expand Screening, Brief Intervention, and Referral to Treatment (“SBIRT”) services to non- Medicaid eligible or uninsured pregnant women; 2. Expand comprehensive evidence-based treatment and recovery services, including MAT, for women with co-occurring Opioid Use Disorder (“OUD”) and other Substance Use Disorder (“SUD”)/Mental Health disorders for uninsured individuals for up to 12 months postpartum; and 3. Provide comprehensive wrap-around services to individuals with Opioid Use Disorder (OUD) including housing, transportation, job placement/training, and childcare. D. Expanding Treatment for Neonatal Abstinence Syndrome 1. Expand comprehensive evidence-based and recovery support for NAS babies; 2. Expand services for better continuum of care with infant-need dyad; and 3. Expand long-term treatment and services for medical monitoring of NAS babies and their families. 1 As used in this Schedule A, words like “expand,” “fund,” “provide” or the like shall not indicate a preference for new or existing programs. Priorities will be established through the mechanisms described in the Term Sheet. 2 E. Expansion of Warm Hand-off Programs and Recovery Services 1. Expand services such as navigators and on-call teams to begin MAT in hospital emergency departments; 2. Expand warm hand-off services to transition to recovery services; 3. Broaden scope of recovery services to include co-occurring SUD or mental health conditions. ; 4. Provide comprehensive wrap-around services to individuals in recovery including housing, transportation, job placement/training, and childcare; and 5. Hire additional social workers or other behavioral health workers to facilitate expansions above. F. Treatment for Incarcerated Population 1. Provide evidence-based treatment and recovery support including MAT for persons with OUD and co-occurring SUD/MH disorders within and transitioning out of the criminal justice system; and 2. Increase funding for jails to provide treatment to inmates with OUD. G. Prevention Programs 1. Funding for media campaigns to prevent opioid use (similar to the FDA’s “Real Cost” campaign to prevent youth from misusing tobacco); 2. Funding for evidence-based prevention programs in schools.; 3. Funding for medical provider education and outreach regarding best prescribing practices for opioids consistent with the 2016 CDC guidelines, including providers at hospitals (academic detailing); 4. Funding for community drug disposal programs; and 5. Funding and training for first responders to participate in pre-arrest diversion programs, post- overdose response teams, or similar strategies that connect at-risk individuals to behavioral health services and supports. H. Expanding Syringe Service Programs 1. Provide comprehensive syringe services programs with more wrap-around services including linkage to OUD treatment, access to sterile syringes, and linkage to care and treatment of infectious diseases. I. Evidence-based data collection and research analyzing the effectiveness of the abatement strategies within the State. 3 Schedule B Approved Uses PART ONE: TREATMENT A. TREAT OPIOID USE DISORDER (OUD) Support treatment of Opioid Use Disorder (OUD) and any co-occurring Substance Use Disorder or Mental Health (SUD/MH) conditions through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following:2 1. Expand availability of treatment for OUD and any co-occurring SUD/MH conditions, including all forms of Medication-Assisted Treatment (MAT) approved by the U.S. Food and Drug Administration. 2. Support and reimburse evidence-based services that adhere to the American Society of Addiction Medicine (ASAM) continuum of care for OUD and any co-occurring SUD/MH conditions 3. Expand telehealth to increase access to treatment for OUD and any co-occurring SUD/MH conditions, including MAT, as well as counseling, psychiatric support, and other treatment and recovery support services. 4. Improve oversight of Opioid Treatment Programs (OTPs) to assure evidence-based or evidence- informed practices such as adequate methadone dosing and low threshold approaches to treatment. 5. Support mobile intervention, treatment, and recovery services, offered by qualified professionals and service providers, such as peer recovery coaches, for persons with OUD and any co-occurring SUD/MH conditions and for persons who have experienced an opioid overdose. 6. Treatment of trauma for individuals with OUD (e.g., violence, sexual assault, human trafficking, or adverse childhood experiences) and family members (e.g., surviving family members after an overdose or overdose fatality), and training of health care personnel to identify and address such trauma. 7. Support evidence-based withdrawal management services for people with OUD and any co-occurring mental health conditions. 8. Training on MAT for health care providers, first responders, students, or other supporting professionals, such as peer recovery coaches or recovery outreach specialists, including telementoring to assist community-based providers in rural or underserved areas. 9. Support workforce development for addiction professionals who work with persons with OUD and any co-occurring SUD/MH conditions. 10. Fellowships for addiction medicine specialists for direct patient care, instructors, and clinical research for treatments. 11. Scholarships and supports for behavioral health practitioners or workers involved in addressing OUD and any co-occurring SUD or mental health conditions, including but not limited to training, 2 As used in this Schedule B, words like “expand,” “fund,” “provide” or the like shall not indicate a preference for new or existing programs. Priorities will be established through the mechanisms described in the Term Sheet. 4 scholarships, fellowships, loan repayment programs, or other incentives for providers to work in rural or underserved areas. 12. [Intentionally Blank – to be cleaned up later for numbering] 13. Provide funding and training for clinicians to obtain a waiver under the federal Drug Addiction Treatment Act of 2000 (DATA 2000) to prescribe MAT for OUD, and provide technical assistance and professional support to clinicians who have obtained a DATA 2000 waiver. 14. Dissemination of web-based training curricula, such as the American Academy of Addiction Psychiatry’s Provider Clinical Support Service-Opioids web-based training curriculum and motivational interviewing. 15. Development and dissemination of new curricula, such as the American Academy of Addiction Psychiatry’s Provider Clinical Support Service for Medication-Assisted Treatment. B. SUPPORT PEOPLE IN TREATMENT AND RECOVERY Support people in treatment for or recovery from OUD and any co-occurring SUD/MH conditions through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following: 1. Provide comprehensive wrap-around services to individuals with OUD and any co-occurring SUD/MH conditions, including housing, transportation, education, job placement, job training, or childcare. 2. Provide the full continuum of care of treatment and recovery services for OUD and any co-occurring SUD/MH conditions, including supportive housing, peer support services and counseling, community navigators, case management, and connections to community-based services. 3. Provide counseling, peer-support, recovery case management and residential treatment with access to medications for those who need it to persons with OUD and any co-occurring SUD/MH conditions. 4. Provide access to housing for people with OUD and any co-occurring SUD/MH conditions, including supportive housing, recovery housing, housing assistance programs, training for housing providers, or recovery housing programs that allow or integrate FDA-approved medication with other support services. 5. Provide community support services, including social and legal services, to assist in deinstitutionalizing persons with OUD and any co-occurring SUD/MH conditions. 6. Support or expand peer-recovery centers, which may include support groups, social events, computer access, or other services for persons with OUD and any co-occurring SUD/MH conditions. 7. Provide or support transportation to treatment or recovery programs or services for persons with OUD and any co-occurring SUD/MH conditions. 8. Provide employment training or educational services for persons in treatment for or recovery from OUD and any co-occurring SUD/MH conditions. 5 9. Identify successful recovery programs such as physician, pilot, and college recovery programs, and provide support and technical assistance to increase the number and capacity of high-quality programs to help those in recovery. 10. Engage non-profits, faith-based communities, and community coalitions to support people in treatment and recovery and to support family members in their efforts to support the person with OUD in the family. 11. Training and development of procedures for government staff to appropriately interact and provide social and other services to individuals with or in recovery from OUD, including reducing stigma. 12. Support stigma reduction efforts regarding treatment and support for persons with OUD, including reducing the stigma on effective treatment. 13. Create or support culturally appropriate services and programs for persons with OUD and any co-occurring SUD/MH conditions, including new Americans. 14. Create and/or support recovery high schools. 15. Hire or train behavioral health workers to provide or expand any of the services or supports listed above. C. CONNECT PEOPLE WHO NEED HELP TO THE HELP THEY NEED (CONNECTIONS TO CARE) Provide connections to care for people who have – or at risk of developing – OUD and any co-occurring SUD/MH conditions through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following: 1. Ensure that health care providers are screening for OUD and other risk factors and know how to appropriately counsel and treat (or refer if necessary) a patient for OUD treatment. 2. Fund Screening, Brief Intervention and Referral to Treatment (SBIRT) programs to reduce the transition from use to disorders, including SBIRT services to pregnant women who are uninsured or not eligible for Medicaid. 3. Provide training and long-term implementation of SBIRT in key systems (health, schools, colleges, criminal justice, and probation), with a focus on youth and young adults when transition from misuse to opioid disorder is common. 4. Purchase automated versions of SBIRT and support ongoing costs of the technology. 5. Expand services such as navigators and on-call teams to begin MAT in hospital emergency departments. 6. Training for emergency room personnel treating opioid overdose patients on post-discharge planning, including community referrals for MAT, recovery case management or support services. 7. Support hospital programs that transition persons with OUD and any co-occurring SUD/MH conditions, or persons who have experienced an opioid overdose, into clinically-appropriate follow-up care through a bridge clinic or similar approach. 6 8. Support crisis stabilization centers that serve as an alternative to hospital emergency departments for persons with OUD and any co-occurring SUD/MH conditions or persons that have experienced an opioid overdose. 9. Support the work of Emergency Medical Systems, including peer support specialists, to connect individuals to treatment or other appropriate services following an opioid overdose or other opioid- related adverse event. 10. Provide funding for peer support specialists or recovery coaches in emergency departments, detox facilities, recovery centers, recovery housing, or similar settings; offer services, supports, or connections to care to persons with OUD and any co-occurring SUD/MH conditions or to persons who have experienced an opioid overdose. 11. Expand warm hand-off services to transition to recovery services. 12. Create or support school-based contacts that parents can engage with to seek immediate treatment services for their child; and support prevention, intervention, treatment, and recovery programs focused on young people. 13. Develop and support best practices on addressing OUD in the workplace. 14. Support assistance programs for health care providers with OUD. 15. Engage non-profits and the faith community as a system to support outreach for treatment. 16. Support centralized call centers that provide information and connections to appropriate services and supports for persons with OUD and any co-occurring SUD/MH conditions. D. ADDRESS THE NEEDS OF CRIMINAL-JUSTICE-INVOLVED PERSONS Address the needs of persons with OUD and any co-occurring SUD/MH conditions who are involved in, are at risk of becoming involved in, or are transitioning out of the criminal justice system through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following: 1. Support pre-arrest or pre-arraignment diversion and deflection strategies for persons with OUD and any co-occurring SUD/MH conditions, including established strategies such as: a. Self-referral strategies such as the Angel Programs or the Police Assisted Addiction Recovery Initiative (PAARI); b. Active outreach strategies such as the Drug Abuse Response Team (DART) model; c. “Naloxone Plus” strategies, which work to ensure that individuals who have received naloxone to reverse the effects of an overdose are then linked to treatment programs or other appropriate services; d. Officer prevention strategies, such as the Law Enforcement Assisted Diversion (LEAD) model; e. Officer intervention strategies such as the Leon County, Florida Adult Civil Citation Network or the Chicago Westside Narcotics Diversion to Treatment Initiative; or 7 f. Co-responder and/or alternative responder models to address OUD-related 911 calls with greater SUD expertise 2. Support pre-trial services that connect individuals with OUD and any co-occurring SUD/MH conditions to evidence-informed treatment, including MAT, and related services. 3. Support treatment and recovery courts that provide evidence-based options for persons with OUD and any co-occurring SUD/MH conditions 4. Provide evidence-informed treatment, including MAT, recovery support, harm reduction, or other appropriate services to individuals with OUD and any co-occurring SUD/MH conditions who are incarcerated in jail or prison. 5. Provide evidence-informed treatment, including MAT, recovery support, harm reduction, or other appropriate services to individuals with OUD and any co-occurring SUD/MH conditions who are leaving jail or prison have recently left jail or prison, are on probation or parole, are under community corrections supervision, or are in re-entry programs or facilities. 6. Support critical time interventions (CTI), particularly for individuals living with dual-diagnosis OUD/serious mental illness, and services for individuals who face immediate risks and service needs and risks upon release from correctional settings. 7. Provide training on best practices for addressing the needs of criminal-justice-involved persons with OUD and any co-occurring SUD/MH conditions to law enforcement, correctional, or judicial personnel or to providers of treatment, recovery, harm reduction, case management, or other services offered in connection with any of the strategies described in this section. E. ADDRESS THE NEEDS OF PREGNANT OR PARENTING WOMEN AND THEIR FAMILIES, INCLUDING BABIES WITH NEONATAL ABSTINENCE SYNDROME Address the needs of pregnant or parenting women with OUD and any co-occurring SUD/MH conditions, and the needs of their families, including babies with neonatal abstinence syndrome (NAS), through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following: 1. Support evidence-based or evidence-informed treatment, including MAT, recovery services and supports, and prevention services for pregnant women – or women who could become pregnant – who have OUD and any co-occurring SUD/MH conditions, and other measures to educate and provide support to families affected by Neonatal Abstinence Syndrome. 2. Expand comprehensive evidence-based treatment and recovery services, including MAT, for uninsured women with OUD and any co-occurring SUD/MH conditions for up to 12 months postpartum. 3. Training for obstetricians or other healthcare personnel that work with pregnant women and their families regarding treatment of OUD and any co-occurring SUD/MH conditions. 4. Expand comprehensive evidence-based treatment and recovery support for NAS babies; expand services for better continuum of care with infant-need dyad; expand long-term treatment and services for medical monitoring of NAS babies and their families. 8 5. Provide training to health care providers who work with pregnant or parenting women on best practices for compliance with federal requirements that children born with Neonatal Abstinence Syndrome get referred to appropriate services and receive a plan of safe care. 6. Child and family supports for parenting women with OUD and any co-occurring SUD/MH conditions. 7. Enhanced family supports and child care services for parents with OUD and any co-occurring SUD/MH conditions. 8. Provide enhanced support for children and family members suffering trauma as a result of addiction in the family; and offer trauma-informed behavioral health treatment for adverse childhood events. 9. Offer home-based wrap-around services to persons with OUD and any co-occurring SUD/MH conditions, including but not limited to parent skills training. 10. Support for Children’s Services – Fund additional positions and services, including supportive housing and other residential services, relating to children being removed from the home and/or placed in foster care due to custodial opioid use. PART TWO: PREVENTION F. PREVENT OVER-PRESCRIBING AND ENSURE APPROPRIATE PRESCRIBING AND DISPENSING OF OPIOIDS Support efforts to prevent over-prescribing and ensure appropriate prescribing and dispensing of opioids through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following: 1. Fund medical provider education and outreach regarding best prescribing practices for opioids consistent with Guidelines for Prescribing Opioids for Chronic Pain from the U.S. Centers for Disease Control and Prevention, including providers at hospitals (academic detailing). 2. Training for health care providers regarding safe and responsible opioid prescribing, dosing, and tapering patients off opioids. 3. Continuing Medical Education (CME) on appropriate prescribing of opioids. 4. Support for non-opioid pain treatment alternatives, including training providers to offer or refer to multi-modal, evidence-informed treatment of pain. 5. Support enhancements or improvements to Prescription Drug Monitoring Programs (PDMPs), including but not limited to improvements that: a. Increase the number of prescribers using PDMPs; b. Improve point-of-care decision-making by increasing the quantity, quality, or format of data available to prescribers using PDMPs, by improving the interface that prescribers use to access PDMP data, or both; or 9 c. Enable states to use PDMP data in support of surveillance or intervention strategies, including MAT referrals and follow-up for individuals identified within PDMP data as likely to experience OUD in a manner that complies with all relevant privacy and security laws and rules. 6. Ensuring PDMPs incorporate available overdose/naloxone deployment data, including the United States Department of Transportation’s Emergency Medical Technician overdose database in a manner that complies with all relevant privacy and security laws and rules. 7. Increase electronic prescribing to prevent diversion or forgery. 8. Educate Dispensers on appropriate opioid dispensing. G. PREVENT MISUSE OF OPIOIDS Support efforts to discourage or prevent misuse of opioids through evidence-based or evidence- informed programs or strategies that may include, but are not limited to, the following: 1. Fund media campaigns to prevent opioid misuse. 2. Corrective advertising or affirmative public education campaigns based on evidence. 3. Public education relating to drug disposal. 4. Drug take-back disposal or destruction programs. 5. Fund community anti-drug coalitions that engage in drug prevention efforts. 6. Support community coalitions in implementing evidence-informed prevention, such as reduced social access and physical access, stigma reduction – including staffing, educational campaigns, support for people in treatment or recovery, or training of coalitions in evidence-informed implementation, including the Strategic Prevention Framework developed by the U.S. Substance Abuse and Mental Health Services Administration (SAMHSA). 7. Engage non-profits and faith-based communities as systems to support prevention. 8. Fund evidence-based prevention programs in schools or evidence-informed school and community education programs and campaigns for students, families, school employees, school athletic programs, parent-teacher and student associations, and others. 9. School-based or youth-focused programs or strategies that have demonstrated effectiveness in preventing drug misuse and seem likely to be effective in preventing the uptake and use of opioids. 10. Create of support community-based education or intervention services for families, youth, and adolescents at risk for OUD and any co-occurring SUD/MH conditions. 11. Support evidence-informed programs or curricula to address mental health needs of young people who may be at risk of misusing opioids or other drugs, including emotional modulation and resilience skills. 12. Support greater access to mental health services and supports for young people, including services and supports provided by school nurses, behavioral health workers or other school staff, to address 10 mental health needs in young people that (when not properly addressed) increase the risk of opioid or other drug misuse. H. PREVENT OVERDOSE DEATHS AND OTHER HARMS (HARM REDUCTION) Support efforts to prevent or reduce overdose deaths or other opioid-related harms through evidence- based or evidence-informed programs or strategies that may include, but are not limited to, the following: 1. Increase availability and distribution of naloxone and other drugs that treat overdoses for first responders, overdose patients, individuals with OUD and their friends and family members, individuals at high risk of overdose, schools, community navigators and outreach workers, persons being released from jail or prison, or other members of the general public. 2. Public health entities provide free naloxone to anyone in the community 3. Training and education regarding naloxone and other drugs that treat overdoses for first responders, overdose patients, patients taking opioids, families, schools, community support groups, and other members of the general public. 4. Enable school nurses and other school staff to respond to opioid overdoses, and provide them with naloxone, training, and support. 5. Expand, improve, or develop data tracking software and applications for overdoses/naloxone revivals. 6. Public education relating to emergency responses to overdoses. 7. Public education relating to immunity and Good Samaritan laws. 8. Educate first responders regarding the existence and operation of immunity and Good Samaritan laws. 9. Syringe service programs and other evidence-informed programs to reduce harms associated with intravenous drug use, including supplies, staffing, space, peer support services, referrals to treatment, fentanyl checking, connections to care, and the full range of harm reduction and treatment services provided by these programs. 10. Expand access to testing and treatment for infectious diseases such as HIV and Hepatitis C resulting from intravenous opioid use. 11. Support mobile units that offer or provide referrals to harm reduction services, treatment, recovery supports, health care, or other appropriate services to persons that use opioids or persons with OUD and any co-occurring SUD/MH conditions. 12. Provide training in harm reduction strategies to health care providers, students, peer recovery coaches, recovery outreach specialists, or other professionals that provide care to persons who use opioids or persons with OUD and any co-occurring SUD/MH conditions. 13. Support screening for fentanyl in routine clinical toxicology testing. 11 PART THREE: OTHER STRATEGIES I. FIRST RESPONDERS In addition to items in sections C, D, and H relating to first responders, support the following: 1. Educate law enforcement or other first responders regarding appropriate practices and precautions when dealing with fentanyl or other drugs. 2. Provision of wellness and support services for first responders and others who experience secondary trauma associated with opioid-related emergency events. J. LEADERSHIP, PLANNING AND COORDINATION Support efforts to provide leadership, planning, coordination, facilitation, training and technical assistance to abate the opioid epidemic through activities, programs, or strategies that may include, but are not limited to, the following: 1. Statewide, regional, local, or community regional planning to identify root causes of addiction and overdose, goals for reducing harms related to the opioid epidemic, and areas and populations with the greatest needs for treatment intervention services; to support training and technical assistance; or to support other strategies to abate the opioid epidemic described in this opioid abatement strategy list. 2. A dashboard to share reports, recommendations, or plans to spend opioid settlement funds; to show how opioid settlement funds have been spent; to report program or strategy outcomes; or to track, share, or visualize key opioid-related or health-related indicators and supports as identified through collaborative statewide, regional, local, or community processes. 3. Invest in infrastructure or staffing at government or not-for-profit agencies to support collaborative, cross-system coordination with the purpose of preventing overprescribing, opioid misuse, or opioid overdoses, treating those with OUD and any co-occurring SUD/MH conditions, supporting them in treatment or recovery, connecting them to care, or implementing other strategies to abate the opioid epidemic described in this opioid abatement strategy list. 4. Provide resources to staff government oversight and management of opioid abatement programs. K. TRAINING In addition to the training referred to throughout this document, support training to abate the opioid epidemic through activities, programs, or strategies that may include, but are not limited to, the following: 1. Provide funding for staff training or networking programs and services to improve the capability of government, community, and not-for-profit entities to abate the opioid crisis. 2. Support infrastructure and staffing for collaborative cross-system coordination to prevent opioid misuse, prevent overdoses, and treat those with OUD and any co-occurring SUD/MH conditions, or implement other strategies to abate the opioid epidemic described in this opioid abatement strategy list (e.g., health care, primary care, pharmacies, PDMPs, etc.). L. RESEARCH 12 Support opioid abatement research that may include, but is not limited to, the following: 1. Monitoring, surveillance, data collection, and evaluation of programs and strategies described in this opioid abatement strategy list. 2. Research non-opioid treatment of chronic pain. 3. Research on improved service delivery for modalities such as SBIRT that demonstrate promising but mixed results in populations vulnerable to opioid use disorders. 4. Research on novel harm reduction and prevention efforts such as the provision of fentanyl test strips. 5. Research on innovative supply-side enforcement efforts such as improved detection of mail-based delivery of synthetic opioids. 6. Expanded research on swift/certain/fair models to reduce and deter opioid misuse within criminal justice populations that build upon promising approaches used to address other substances (e.g. Hawaii HOPE and Dakota 24/7). 7. Epidemiological surveillance of OUD-related behaviors in critical populations including individuals entering the criminal justice system, including but not limited to approaches modeled on the Arrestee Drug Abuse Monitoring (ADAM) system. 8. Qualitative and quantitative research regarding public health risks and harm reduction opportunities within illicit drug markets, including surveys of market participants who sell or distribute illicit opioids. 9. Geospatial analysis of access barriers to MAT and their association with treatment engagement and treatment outcomes. INTERLOCAL AGREEMENT GOVERNING USE OF PINELLAS COUNTY REGIONAL OPIOID SETTLEMENT FUNDS THIS INTERLOCAL AGREEMENT (“Agreement”) is made and entered into as of this _____ day of _______________, 2021, by and between Pinellas County, a political subdivision of the State of Florida, hereinafter referred to as the “County,” and the City of St. Petersburg, the City of Pinellas Park, and the City of Clearwater, hereinafter referred to as the “Cities.” WHEREAS, a local, state and national crisis arose as a result of the manufacture, distribution and over-prescribing of opioid analgesics (“opioids”) and resulted in opioid overdoses and addictions throughout municipalities, counties, states and the nation; and WHEREAS, Pinellas County and the municipalities therein are not immune from this nationwide crisis; and WHEREAS, in June 2017, a collaborative body known as the Pinellas County Opioid Task Force, hereinafter “Opioid Task Force”, was created in response to the alarming increase in opioid- related drug misuse and opioid-related deaths within the geographic boundaries of Pinellas County; and WHEREAS, in January 2018, the Opioid Task Force implemented a comprehensive strategic plan that efficiently guides community members and resources in order to confront the crises caused by the opioid epidemic; and WHEREAS, the Opioid Task Force meets quarterly to study and analyze data related to the opioid epidemic and abatement programming; and WHEREAS, the crisis has caused and is causing an undue strain on local government finances to implement programing to combat the opioid epidemic, to mitigate the harmful effects of the opioid epidemic in the community, and to increase educational campaigns to counteract mis- information about the addictive nature and harmful effects of opioids; and WHEREAS, the opioid crisis is as pronounced within Pinellas County and within certain municipalities within Pinellas County as it was throughout most of the harder hit areas in the state of Florida and in the United States and despite the resources expended on combatting the epidemic, the opioid epidemic continues to impact the local community; and WHEREAS, as a result of the national opioid crisis, many governmental entities throughout the country filed lawsuits against opioid manufacturers, distributors, and retailers, hereinafter referred to as the “defendants”, to hold them accountable for the damage caused by their misfeasance,nonfeasance and malfeasance, as well as to recover monetary damages for past harm and financial compensation for ongoing and future abatement efforts; and WHEREAS, four governmental entities in Pinellas County deemed the opioid crisis significant enough to secure litigation counsel and individually elect to file suit against the defendants to wit: the City of St. Petersburg, the City of Clearwater, the City of Pinellas Park (hereinafter referred to as the “MDL Cities”) and the County; and WHEREAS, the lawsuits filed by the MDL Cities and the County were consolidated with other lawsuits filed by state, tribal and local governmental entities into what is known as the National Prescription Opiate Litigation in the United States District Court of the Northern District of Ohio, Eastern Division, case number 1:17-MD-2804; and WHEREAS, as a result of this litigation, multiple defendants have begun to negotiate settlements; and WHEREAS, the Attorney General for the State of Florida (hereinafter “Attorney General”) anticipates that Settlement funds will be distributed to the State of Florida over multiple years as part of a global settlement, and not directly to the MDL Cities and County, despite their position as party plaintiffs; and WHEREAS, the Attorney General has proposed entering into agreements with local governments within the State of Florida to receive Settlement funds. This agreement (hereinafter referred to as the “State MOU”), as currently drafted, divides settlement funds into three portions designated as City/County, Regional and State funds; and WHEREAS, it is anticipated that the State MOU will set forth the amount and manner of distribution of City/County and Regional Settlement funds within Florida, the requirements to receive and manage Regional funds, and the purposes for which Regional funds may be used. The current draft of the State MOU is attached hereto as Exhibit A; and WHEREAS, the parties recognize that local control over Settlement funds is in the best interest of all persons within the geographic boundaries of Pinellas County and ensures that Settlement funds are available and used to address opioid-related impacts within Pinellas County and are, therefore, committed to the County qualifying as a “Qualified County” and thereby receiving Regional funds pursuant to the State MOU; and WHEREAS, the State MOU requires that in order for Pinellas County to become a Qualified County eligible to receive Regional Funding, there must be an interlocal agreement among Pinellas County and Municipalities, as defined in the MOU, with combined population exceeding 50% of the total population of the Municipalities within Pinellas County, with the term “Municipalities” being defined for the purpose in this Agreement as those municipalities with a population of 10,000 or more as required by the State MOU; or with population less than 10,000 who were party plaintiffs; population for purposes of the MOU is determined by specific Census data; and WHEREAS, historically, government-funded programming geared toward abating the opioid crisis has been data driven based upon community impacts without regard to governmental jurisdictional boundaries; and WHEREAS, the parties recognize that it is in the best interest of the County and the Cities to enter into this interlocal agreement to ensure Pinellas County is a “Qualified County” to receive Regional Funding pursuant to the State MOU. NOW, THEREFORE, in consideration of the covenants herein contained, and other good and valuable consideration, the parties agree as follows: Section 1. DEFINITIONS A.Unless otherwise defined herein, all defined terms in the State MOU are incorporated herein and shall have the same meanings as in the State MOU. B.“Pinellas County Regional Funding” shall mean the amount of the Regional Funding paid to Pinellas County in its role as a Qualified County. Section 2. CONDITIONS PRECEDENT This Agreement shall become effective on the Commencement Date set forth in Section 4, so long as the following conditions precedent have been satisfied: A.Execution of this Agreement by the County and the governing bodies of the municipalities as required by the State MOU to enable Pinellas County to become a Qualified County and directly receive Pinellas County Regional Funding; and B.Execution of all documents necessary to effectuate the State MOU in its final form; and C.Pinellas County being determined by the State of Florida to qualify as a “Qualified County” to receive Regional Funding under the State MOU; and D.Filing of this Agreement with the Clerk of the Circuit Court for Pinellas County as required by Florida Statutes, Section 163.01. Section 3. EXECUTION This Agreement may be signed in counterparts by the parties hereto. Section 4. TERM The term of this Agreement and the obligations hereunder commences upon the satisfaction of all conditions precedent, runs concurrently with the State MOU, and will continue until one (1) year after the expenditure of all Pinellas County Regional Funding, unless otherwise terminated in accordance with the provisions of the State MOU. Obligations under this Agreement which by their nature should survive, including, but not limited to any and all obligations relating to record retention, audit, and indemnification will remain in effect after termination or expiration of this Agreement. Section 5. BOARD A.Pinellas County Regional Funding will be used in accordance with the requirements of the State MOU, and guidelines set forth by a board established by resolution of the Board of County Commissioners (hereinafter referred to as the “Opioid Abatement Funding Advisory Board”), which will include utilizing the Opioid Taskforce data and projections. i.Opioid Abatement Funding Advisory Board membership shall be comprised of the following members appointed for two-year terms: 1.One member appointed by the City of St. Petersburg; 2.One member appointed by the City of Pinellas Park; 3.One member appointed by the City of Clearwater; 4.One member nominated by the County Administrator and appointed by the Board of County Commissioners; 5.The Director of the Florida Department of Health in Pinellas County or designee or someone with subject matter expertise in public health or addiction, who is not and is not employed by a provider of opioid-related services in Pinellas County, and appointed by the four other members of the Opioid Abatement Funding Advisory Board if the Department of Health declines to participate. B.The Opioid Abatement Funding Advisory Board shall meet regularly and as often as needed to effectuate its responsibilities, but no less than quarterly and on a schedule which allows the Opioid Task Force to provide the data compiled for and arising out of its quarterly meeting to the Opioid Abatement Funding Advisory Board for review and consideration. C.The Opioid Abatement Funding Advisory Board shall establish bylaws and an annual process which must include the following: a.A date certain each year by which the Opioid Abatement Funding Advisory Board must meet and review the data available from previous years, tending to evidence the local status of the opioid epidemic and the effect of abatement programming. b. The Opioid Abatement Funding Advisory Board must review the programs and services of the beneficiaries of Pinellas County Regional Funds to determine the outcome of such programs and services in order to hold beneficiaries accountable. c.The Opioid Abatement Funding Advisory Board must annually determine funding, programs, services, and location priorities for the upcoming year(s) (“Opioid Abatement Funding Advisory Board Priority List”). D.The County will perform competitive solicitations for programming and services based on the Opioid Abatement Funding Advisory Board Priority List in accordance with a centralized, county-wide competitive grant process similar to that which is attached as Exhibit B, and the Pinellas Litigating Governments will be provided the opportunity to participate in the review process. E.Pinellas County Regional Funding may be used to enhance current programs or develop new programs. Regional funding is not intended to supplant current funding sources and general funds, and County staff will continue to seek funding for opioid related abatement at the levels opioid abatement programs were funded as of the effective date of this agreement. F.Final Review recommendations will be approved by the Opioid Abatement Funding Advisory Board, who shall present recommendations to the BCC for approval. The BCC shall accept/approve Opioid Abatement Funding Advisory Board recommendations unless the BCC rejects such recommendations by a vote of at least five (5) of the seven (7) commissioners. G.The Opioid Abatement Funding Advisory Board and the BCC shall use its best efforts to fund services and programs that are available to all residents of Pinellas County and shall strive to allocate funding and services in a manner that equally benefits all residents of Pinellas County. Section 6. ADMINISTRATIVE COSTS The County is responsible for administering the “Regional Funds” remitted pursuant to the State MOU and, therefore County staff will support the Opioid Abatement Funding Advisory Board and shall provide all support services including but not limited to legal services, as well as contract management, program monitoring, and reporting required by the State MOU and is entitled to the maximum allowable administrative fee pursuant to the State MOU. The administrative fee will be deducted annually from the amount of available Pinellas County Regional Funds, and the remaining Pinellas County Regional Funds will be spent as provided in the State MOU and as provided herein. Section 7. LOCAL GOVERNMENT REPORTING REQUIREMENTS To the extent that local governmental entity receives Pinellas County Regional Funds directly from the County, any local governmental entity so receiving funds must spend such funds for Approved Purposes and must timely satisfy all reporting requirements of the MOU. Failure to comply with this provision may disqualify the local governmental entity from further direct receipt of Pinellas County Regional Funds. Section 8.NON-APPROPRIATION This Agreement is not a general obligation of the County. It is understood that neither this Agreement nor any representation by any County official, officer or employee creates any obligation to appropriate or make monies available for the purposes of the Agreement beyond the fiscal year in which this Agreement is executed. The obligations of the County as to funding required pursuant to the Agreement are limited to an obligation in any given fiscal year to budget and appropriate from Pinellas County Regional Funds annually which are designated for regional use pursuant to the terms of the State MOU. No liability shall be incurred by the County beyond the monies budgeted and available for the purpose of the Agreement. If funds are not received by the County for any or all of this Agreement for a new fiscal period, the County is not obligated to pay or spend any sums contemplated by this Agreement beyond the portions for which funds were received and appropriated. The County agrees to promptly notify the Cities in writing of any subsequent non-appropriation, and upon such notice, this Agreement will terminate on the last day of the current fiscal year without penalty to the County and all undistributed funds will be spent for programs previously proposed by the Opioid Abatement Funding Advisory Board and adopted by the BCC. Section 9. INDEMNIFICATION Each City and the County shall be responsible for their respective employees’ acts of negligence when such employees are acting within the scope of their employment and shall only be liable for any damages resulting from said negligence to the extent permitted by Section 768.28, Florida Statues. Nothing herein shall be construed as a waiver of sovereign immunity, or the provisions of F.S. § 768.28, by either Party. Nothing herein shall be construed as consent by either Party to be sued by third parties for any matter arising out of this Agreement. Section 10.SEVERABILITY If any provision of this Agreement is held invalid, the invalidity shall not affect other provisions of the Agreement which can be given effect without the invalid provision or application, and to this end, the provisions of this Agreement are severable. Section 11. AMENDMENTS TO AGREEMENT This Agreement may be amended, in writing, upon the express written approval of the governing bodies of all the parties. Section 12. FILING OF AGREEMENT This Agreement shall be filed with the Clerk of the Circuit court as provided in Section 163.01(11), Florida Statutes. Section 13. GOVERNING LAW The laws of the State of Florida shall govern this Agreement. IN WITNESS WHEREOF, the parties to this Agreement have caused their names to be affixed hereto by the proper officers thereof, as of the day and year first above written. [SIGNATURE PAGES TO FOLLOW] Countersigned: CITY OF CLEARWATER, FLORIDA By: _______________________________ Mayor-Commissioner City Manager Approved as to form and Attest: legal sufficiency: ____________________________________ City Clerk CITY OF PINELLAS PARK, FLORIDA By: ______________________________ MAYOR ATTEST: __________________________ CITY CLERK APPROVED AS TO FORM: BY: ______________________________ City Attorney CITY OF ST. PETERSBURG ATTEST: ______________________________ Clerk of City Council By: Approved as to form and substance: _______________________________ City Attorney PINELLAS COUNTY, a political subdivision of the State of Florida By: ________________________________ Barry A. Burton, County Administrator Date: _______________________________ PCAO 339046 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9463-21 2nd rdg Agenda Date: 8/5/2021 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 8.1 SUBJECT/RECOMMENDATION: Adopt Ordinance 9463-21 on second reading, annexing certain real properties 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 addition. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/4/2021 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) 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: 9464-21 2nd rdg Agenda Date: 8/5/2021 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 8.2 SUBJECT/RECOMMENDATION: Adopt Ordinance 9464-21 on second reading, amending the future land use plan element of the Comprehensive Plan to designate the land use for certain real properties whose post office addresses are 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. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/4/2021 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) 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: 9465-21 2nd rdg Agenda Date: 8/5/2021 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 8.3 SUBJECT/RECOMMENDATION: Adopt Ordinance 9465-21 on second reading, amending the Zoning Atlas of the city by zoning certain real properties 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). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/4/2021 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: 9466-21 2nd rdg Agenda Date: 8/5/2021 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 8.4 SUBJECT/RECOMMENDATION: Adopt Ordinance 9466-21 on second reading, annexing certain real property 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. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/4/2021 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 .468 5(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) 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)401.22988.468 5(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: 9467-21 2nd rdg Agenda Date: 8/5/2021 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 8.5 SUBJECT/RECOMMENDATION: Adopt Ordinance 9467-21 on second reading, amending the future land use plan element of the Comprehensive Plan to designate the land use for certain real property whose post office address is 2248 NE Coachman Road, Clearwater, Florida 33765, upon annexation into the City of Clearwater, as Residential Urban (RU). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/4/2021 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 .468 5(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) 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)401.22988.468 5(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: 9468-21 2nd rdg Agenda Date: 8/5/2021 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 8.6 SUBJECT/RECOMMENDATION: Adopt Ordinance 9468-21 on second reading, amending the Zoning Atlas of the city by zoning certain real property 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). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/4/2021 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)401.22988.468 5(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)401.22988.468 5(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: 9437-21 2nd rdg Agenda Date: 8/5/2021 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 8.7 SUBJECT/RECOMMENDATION: Adopt Ordinance 9437-21 on second reading, amending Ordinance 7515-05 as amended by Ordinance 7564-05, which established the Clearwater Cay Community Development District, by 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. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/4/2021 Ordinance 9437-21 ORDINANCE NO. 9437-21 AN ORDINANCE O F T HE CI T 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 CLE A RW ATE R CA Y CO MMU NI T Y DE V E L OP ME NT DI ST RI CT, 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 or employment from District contraction. The persons affected by contraction are the [GM20-0-018/264589/1] 2 Ordinance 9437-21 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 Development District." [GM20-0-018/264589/1] 3 Ordinance 9437-21 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 nontangent 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 chord bearing N47°56'19"E, for 3.49 feet to the point of reverse [GM20-0-018/264589/1] Ordinance 9437-21 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 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 [GM20-0-018/264589/1] Ordinance 9437-21 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!! 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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I i I n: IZ.IOS L il UAw.woMTn.SSO'lQli!YlI h~ o 8 W~ lIt8~ s r II ~; i ~ ~~ i u r~ I !g~ I' i:~ hSi, ~ ~ iPI!ii n r r ~~: i ~ 11- i, h ~ · 5n~ hd ~c .~ il!2 ~ ~ u ~~~ il f i ..i ..~~ : ~ I I I I I~n f t~ I a t ':;-, i~l II II II m )! it~l II 1 jIi0 Jl il 5~~g !~ c:ii~ sa i~ U u~ ~: S! 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: 9472-21 2nd rdg Agenda Date: 8/5/2021 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 8.8 SUBJECT/RECOMMENDATION: Adopt Ordinance 9472-21 on second reading, annexing certain real property 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. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/4/2021 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 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 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9473-21 2nd rdg Agenda Date: 8/5/2021 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 8.9 SUBJECT/RECOMMENDATION: Adopt Ordinance 9473-21 on second reading, amending the future land use plan element of the Comprehensive Plan to designate the land use for certain real property whose post office address 3467 Sweetwater Trail, Clearwater, Florida 33761, upon annexation into the City of Clearwater, as Residential Low (RL). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/4/2021 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 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 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9474-21 2nd rdg Agenda Date: 8/5/2021 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 8.10 SUBJECT/RECOMMENDATION: Adopt Ordinance 9474-21 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 3467 Sweetwater Trail, Clearwater, Florida 33761, upon annexation into the City of Clearwater, as Low Density Residential (LDR). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/4/2021 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 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9477-21 2nd rdg Agenda Date: 8/5/2021 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 8.11 SUBJECT/RECOMMENDATION: Adopt Ordinance 9477-21 on second reading, 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. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/4/2021 [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: 9469-21 2nd rdg CONT'D Agenda Date: 8/5/2021 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 8.12 SUBJECT/RECOMMENDATION: Continue to a date uncertain: Adopt Ordinance 9469-21 on second reading, annexing certain real property 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. SUMMARY: Page 1 City of Clearwater Printed on 8/4/2021 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 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: 9470-21 2nd rdg CONTD Agenda Date: 8/5/2021 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 8.13 SUBJECT/RECOMMENDATION: Continue to a date uncertain: Adopt Ordinance 9470-21 on second reading, amending the future land use plan element of the Comprehensive Plan to designate the land use for certain real property whose post office address is 1223 N. Hercules Avenue #A, Clearwater, Florida 33765, upon annexation into the City of Clearwater, as Industrial Limited (IL). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/4/2021 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 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: 9471-21 2nd rdg CONT'D Agenda Date: 8/5/2021 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 8.14 SUBJECT/RECOMMENDATION: Continue to a date uncertain: Adopt Ordinance 9471-21 on second reading, amending the Zoning Atlas of the city by zoning certain real property 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). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/4/2021 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: 21-29 Agenda Date: 8/5/2021 Status: City Manager ReportVersion: 1 File Type: ResolutionIn Control: City Manager's Office Agenda Number: 9.1 SUBJECT/RECOMMENDATION: Approve Clearwater Greenprint 2.0 and adopt Resolution 21-29. SUMMARY: In 2011, Clearwater Greenprint was adopted through the help of many residents, businesses, and city staff members. Clearwater Greenprint creates a vision to make the city of Clearwater a vibrant community for current residents and future generations. In 2021, Clearwater Greenprint 2.0 was drafted to provide an update on the city’s progress and advance its sustainability goals. Clearwater Greenprint 2.0 is divided into the following ten sections: 1) Introduction 2) Education and Awareness 3) Green Energy and Buildings 4) Transportation 5) Livability 6) Water Conservation 7) Waste Reduction 8) Local Food 9) Green Economy 10) Appendix Each of these 10 sections include strategies that will improve Clearwater’s environment, economy, resilience, and public health while reducing the city’s greenhouse gas emissions. Clearwater Greenprint 2.0 recommends the overarching goals of a 25% reduction in greenhouse gas emissions from 2007 levels by 2035 and an 80% reduction in greenhouse gas emissions from 2007 levels by 2050. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 8/4/2021 CLEARWATER GREENPRINT2.0 COMPETITIVE. ●VIBRANT. ●GREEN. INTRODUCTION •PROJECT TEAM •GREENPRINT BACKGROUND THANK YOU TO THE MEMBERS OF THE CLEARWATER COMMUNITY WHO SUBMITTED THE PHOTOS INCLUDED IN THIS PRESENTATION AND IN GREENPRINT 2.0. PROJECT TEAM CITY OF CLEARWATER STAFF Lauren Matzke –Assistant Director of Planning and Development Heather Parsons –Senior Public Information Coordinator Sheridan Boyle –Sustainability Coordinator CONSULTANTS Lian Plass, AICP, LEED GA –Senior Planner, WGI, Inc. Angela Biagi, PLA, LEED AP BD+C –Director of Urban and Community Planning, WGI, Inc. Stanley Geberer –Senior Managing Consultant, PFM Group Consulting, LLC Through partnership with ICLEI –Local Government for Sustainability PROJECT BACKGROUND Survey of current and emergent national policy Survey of new climate science Model documents Methodologies •Proposed new, actionable strategies supported by Implementation and Measurement Methodologies •Adopted more ambitious goals and targets in conformance with national and global objectives BUILDING ON THE ORIGINAL CLEARWATER GREENPRINT Waste Reduction: Pay-as-you-throw Replaced with single-stream recycling Commercial Recycling Cost v. benefit Adoption of alternatives GROUNDED IN CLIMATE SCIENCE Sources: BBC News (2020) THE GREENHOUSE EFFECT Rising temperatures magnified in urban areas Sources: BBC News (2020) Increased storm intensity and rising seas Pinellas County Declining availability of potable water LEGEND Population 115,159 (2019 ACS Estimate) Median Household Income $48,691 (2019 ACS Estimate) Poverty Rate 15.4% (2019 ACS Estimate) CURRENT CONDITIONS 5% 30% 65% 2007 EMISSIONS 3% 38% 59% 2018 EMISSIONS FUTURE CONDITIONS Clearwater Business as Usual / Duke Renewable Energy & Carbon Neutral Goals Included Projected CO2e Values with Reductions Applied •Massachusetts v. EPA, 549 U.S. 497 •Established EPA’s authority to regulate greenhouse gas emissions. •Clean Economy Jobs and Innovation Act, H.R. 4447 •Channels investment into clean energy innovation programs •Creates a foundation for future energy and climate legislation •New Administration •Achieve carbon pollution–free power sector by 2035 •Reaching net-zero emissions no later than 2050 CLIMATE POLICY LANDSCAPE OVERVIEW FEDERAL POLICIES •Florida Energy and Climate Commission dissolved •Functions transferred to the Department of Agriculture and Consumer Services •Florida Senate Resolution 1572 •Supports adopting policies to prepare the state for sea level rise and flooding •SB 178 •Affects state-financed coastal construction projects •Projects must withstand coastal flooding •Projects must not worsen flooding in surrounding communities •Sea Level Impact Projection (SLIP) studies required CLIMATE POLICY LANDSCAPE OVERVIEW STATE POLICIES MODEL DOCUMENTS City of Atlanta Climate Action Plan Clean Energy Atlanta City of Largo LEAP Orlando Green Works St. Petersburg ISAP Integration of mitigation and adaptation measures Photos from Community Members Clear definition of report sections Outlined goals and actions for accomplishment Used summary matrices GREENPRINT 2.0 •OUTLINE •INTRODUCTION •STRATEGIES Green Glossary Executive Summary Welcome to Clearwater Greenprint 2.0 •What is Sustainability? •Why Sustainability? •What is Resilience? •Why Resilience? •Let’s Learn from Each Other •Where Are We Coming From? •Where Are We Going? •Envision Our Future Target Timelines How to Read Clearwater Greenprint 2.0 REPORT OUTLINE: PART 1/3 Concluding Remarks REPORT OUTLINE: PART 2/3 Education and Awareness + Strategies Green Energy & Buildings + Strategies Transportation + Strategies Livability + Strategies Water Conservation + Strategies Waste Reduction + Strategies Local Food + Strategies Green Economy + Strategies Appendix I: Strategies No Longer Included Appendix II: Implementation and Measurement Methodologies Appendix III: Climate Change Science REPORT OUTLINE: PART 3/3 GREEN GLOSSARY •Identified and defined key terms throughout the document •Improves documents’ accessibility to the general public •Paired with links to additional information about key topics (see leaves scattered throughout document) REPORT STRUCTURE 1. Reduce city-wide greenhouse gas emissions 25% below 2007 levels by the year 2035 2. Reduce city-wide greenhouse gas emissions 80%below 2007 levels by the year 2050. GOALS OBJECTIVES •Transform Clearwater into a community where people walk, bike, take transit, or carpool for most trips in a safe, accessible, and affordable transportation network. •Make Clearwater a leader in clean and local renewable energy opportunities. •Transform our buildings into high-performing places to live, work, learn, and play. •Inspire community action and ensure environmental justice and equity as we transition to a lower carbon, more sustainable community. •Create a thriving urban agriculture community in order to increase the local knowledge and abundance of healthy, sustainable food. •Become a leader in sustainable, smart transportation through innovative partnerships, policies, programs, and technology. •Understand potential climate-related risks and mitigate these risks while preparing the community for chronic and extreme weather events. Resilience Equity •Identified opportunities for strategies to improve resilience throughout the city •Metrics for resilience included in Measurement Methodologies •Identified opportunities for strategies to advance equity, inclusion and justice •Metrics for strategies for redress of equity issues included in Measurement Methodologies the ability of a piece of infrastructure, system, environment, or community to sustain or recover its essential functions when presented with a disruption shared economic, legal, environmental, and developmental rights of access to collective resources amongst all people within a society CRITICAL THEMES ARE INTEGRATED THROUGHOUT THE DOCUMENT TARGET TIMELINES TARGET TIMELINES TARGET TIMELINES STRATEGIES •STRATEGY REVIEW •IMPLEMENTATION AND MEASUREMENT METHODOLOGIES STRATEGIES BREAKDOWN EDUCATION & AWARENESS Create and provide information to educate and involve Clearwater citizens in green best practices and programs •Mission Statement •Community Education •Community Outreach •Youth Programs •Municipal Staff Education •Continuous Reporting EDUCATION AND AWARENESS STRATEGIES IMPLEMENTATION AND MEASUREMENT METHODOLOGIES 5. EDUCATION & AWARENESS TOP METHODOLOGIES: IMPLEMENTATION AND MEASUREMENT METHODOLOGIES 5.2 Community Education 5.5 Municipal Staff Education 5.4 Youth Programs SHORT TERM SHORT TERM SHORT TERM •Promote education through publications and public events •Provide pertinent local GIS and other data online •Educational activities for staff and elected officials on sustainability initiatives and opportunities •Integrate sustainable practices into daily operations, serve as sustainability ambassadors and educators •Continue youth education programs to educate students about resource conservation •Further current efforts by coordinating with the Pinellas County School Board Develop and maintain a geographically referenced databases of buildings (including building age), gas transmission lines, wastewater lines, and septic tank locations. Provide reusable mugs or water bottles to all employees. Earmark funding for course/program design and implementation for youth education programming. GREEN ENERGY & BUILDINGS Improve citywide energy efficiency and explore opportunities for including renewables and natural gas into energy portfolio •PACE –Energy Finance Program •Resource Conservation Program •Incentives for Upgrades •Performance Standards •Natural Gas Conservation •Local Power Generation •Renewable Energy Challenge GREEN ENERGY & BUILDINGS STRATEGIES IMPLEMENTATION AND MEASUREMENT METHODOLOGIES •Renewable Energy Finance •Energy-Efficient Streetlights •Municipal Energy Management Program and Policy •Municipal Re-Commissioning Plan •Municipal Performance Standard •Resilient Infrastructure TOP METHODOLOGIES: IMPLEMENTATION AND MEASUREMENT METHODOLOGIES 6. GREEN ENERGY & BUILDINGS 6.2 Resource Conservation Program 6.6 Local Power Generation SHORT TERM SHORT TERM •Develop and implement comprehensive energy evaluation program •Request proposals from private companies to design, build, install and operate small-scale energy generation facilities for heat/electricity 6.8 Renewable Energy Finance SHORT TERM •Investigate financing mechanisms for expanding renewable energy generation •Launch a solar co-op program in allowing residents to coordinate bulk purchase of PV systems at reduced price Measure monthly kilowatt hours (KwH) or gallons per day (GPD) usage before and after conservation implementation at the user level. Form a special district or financing district to enable Property Assessed Clean Energy program (PACE) partnerships on non-residential properties TOP METHODOLOGIES: IMPLEMENTATION AND MEASUREMENT METHODOLOGIES 6. GREEN ENERGY & BUILDINGS 6.11 Municipal Re-Commissioning Plan 6.5 Natural Gas Conservation SHORT TERM SHORT TERM •Establish re-commissioning plan to inspect, test, and adjust performance of buildings of equipment •Create LED lightbulb conversion program •Train key staff to test equipment •Identify environmentally harmful refrigerants in operations and phase them out •Continue ongoing educational efforts concerning use of natural gas •Continue offering programs by Clearwater Gas System and increase use of natural gas for fuel switching purposes 6.9 Energy Efficient Streetlights SHORT TERM •Request conversion of all Duke Energy-owned electric streetlights to LEDNegotiate a municipal rate reduction or rebate to finance LED streetlight conversion. Design a preventative maintenance program to replace existing non-LED bulbs (and fixtures if necessary) with LEDs. Update digital system maps for gas availability. TRANSPORTATION Promote complete streets, use of transit services and active transportation, and reduce vehicle miles travelled •Vehicle Mile Reduction •Complete Streets Policy •Local Transit Improvement •Low Emission Vehicles •Municipal Fleet Conversion •Congestion Management •Municipal Telecommuting Policy TRANSPORTATION STRATEGIES IMPLEMENTATION AND MEASUREMENT METHODOLOGIES TOP METHODOLOGIES: IMPLEMENTATION AND MEASUREMENT METHODOLOGIES 7.7 Municipal Telecommuting Policy 7.1 Vehicle Mile Reduction SHORT TERM SHORT TERM •Increase the alternative work schedule and telecommuting opportunities available to city workforce •Encourage virtual meetings in lieu of in-person meetings requiring travel by automobile whenever possible •Launch a VMT reduction campaign •Reduce city-wide VMT by 10% •Launch an internal VMT reduction program for employees 7. TRANSPORTATION Support alternative work schedule and telecommuting opportunities by expanding IT capability to include secure remote access for employees to internal city networks. Undertake program of study to reduce annual VMT growth. LIVABILITY Promote greenspace expansion, equitable development, redevelopment, and environmentally friendly maintenance practices •Development Incentives •Property Revitalization •Diverse Housing Options •Greenspace Expansion •Urban Tree Program and Canopy Target •Environmental Conservation LIVABILITY STRATEGIES IMPLEMENTATION AND MEASUREMENT METHODOLOGIES •Integrated Pest Management •Energy Efficient Streets and Parking •Environmental Justice TOP METHODOLOGIES: IMPLEMENTATION AND MEASUREMENT METHODOLOGIES 8. LIVABILITY 8.1 Development Incentives 8.8 Energy Efficient Streets and Parking SHORT TERM SHORT TERM •Continue to provide for mixed- use development in livable, transit-oriented neighborhoods •Improve regulations, investment and incentives that will fulfill residents’ household and transportation needs •Develop street design standards that maximize energy efficiency and minimize heat 8.4 Greenspace Expansion SHORT TERM •Support and expand the community’s capacity to manage, develop, and enhance greenspace for natural habitat, recreation, gardening, and outdoor education activities Coordinate with Strategy 6.1 and evaluate and specify finance mechanism such as revolving loan or letter of credit support amounts city will provide. Document cost differentials for capital and maintenance, changes in materials use, cost offsets with embedded solar panels, or integrated traffic flow technology. Create P3s to transition underutilized land to greenspace. WATER CONSERVATION Reduce citywide water consumption through regulation of development and maintenance •Water Conservation •Waterwise Landscapes •Low Impact Development WATER CONSERVATION STRATEGIES IMPLEMENTATION AND MEASUREMENT METHODOLOGIES TOP METHODOLOGIES: IMPLEMENTATION AND MEASUREMENT METHODOLOGIES 9.1 Water Conservation SHORT TERM •Identify and prioritize potential retrofits to city buildings for rainwater capture •Create guidance for private property owners to develop and implement rainwater collection plans •Increase awareness of co-benefits of low-impact development •Consider installations that capture, retain, and treat stormwater runoff from parking lots, driveways, and roads 9. WATER CONSERVATION Coordinate with Florida Department of Environmental Protection (FDEP), and the SWFWMD to establish new rules, determine consumption rates, water use per capita, and water sources for the city. WASTE REDUCTION Provide educational programming concerning recycling and waste reduction and maintain or expand systems for waste disposal •Yard Waste Collection •Recycling Program Expansion •Backyard Composting Program •Commercial Composting •Trash to Trends Event •Municipal Waste Reduction Policy WASTE REDUCTION STRATEGIES IMPLEMENTATION AND MEASUREMENT METHODOLOGIES TOP METHODOLOGIES: IMPLEMENTATION AND MEASUREMENT METHODOLOGIES 10. WASTE REDUCTION Gather dump statistics for the monthly weight of yard waste collected to determine household participation rates. LOCAL FOOD Provide educational programming concerning urban agriculture and create opportunities for local farming activities •Urban Agriculture Task Force •Local Food Production •Urban Agriculture •Community Garden Grant Program •Climate-Friendly Food Policy LOCAL FOOD STRATEGIES IMPLEMENTATION AND MEASUREMENT METHODOLOGIES TOP METHODOLOGIES: IMPLEMENTATION AND MEASUREMENT METHODOLOGIES 11. LOCAL FOOD 11.4 Community Garden Grant Program SHORT TERM •Create a Community Garden Grant Program (consider co-locating community gardens with farmer’s market locations, following the launch of the program, track stakeholders and provide staff assistance/guidance help with grant applications)Consider co-locating community gardens with farmer’s market locations. GREEN ECONOMY Promote widespread adoption of sustainable business practices •Green Business Database •Best Practices Sharing •Green Job Development •Green Guide •Regional Partnerships •Municipal Green Revolving Loan Fund •Green Purchasing Policy GREEN ECONOMY STRATEGIES IMPLEMENTATION AND MEASUREMENT METHODOLOGIES TOP METHODOLOGIES: IMPLEMENTATION AND MEASUREMENT METHODOLOGIES 12.4 Green Guide SHORT TERM •Partner with tourism-based businesses and other local tourism agencies to create a green guide that promotes local businesses that commit to green practices •Increase participation in green business designation programs by the hospitality industry (e.g., the Florida Green Lodging Program) 12. GREEN ECONOMY Create designation criteria or registration program for green businesses. QUESTIONS? Resolution No. 21-29 RESOLUTION NO. 21-29 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA APPROVING CLEARWATER GREENPRINT 2.0, PROVIDING A FOUNDATION FOR REDUCED ENERGY CONSUMPTION, POLLUTION AND GREENHOUSE GAS EMISSIONS WHILE STIMULATING THE LOCAL ECONOMY AND IMPROVING QUALITY OF LIFE; ESTABLISHING GREENHOUSE GAS EMISSION REDUCTION TARGETS FOR 2035 AND 2050; IDENTIFYING STRATEGIES FOR LOCAL IMPLEMENTATION IN THE FOLLOWING AREAS: EDUCATION AND AWARENESS, GREEN ENERGY AND BUILDINGS, TRANSPORTATION, LIVABILITY, WATER CONSERVATION, WASTE REDUCTION, LOCAL FOOD, AND GREENECONOMY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater has a history of being environmentally friendly and energy efficient both in its internal practices and in community-wide initiatives with green programs, energy conservation policies, and upgrades in municipal buildings and facilities; and WHEREAS, the City is dedicated to the mutually compatible goals of economic prosperity, environmental quality, and community quality of life; and WHEREAS, Clearwater Greenprint 2.0 constitutes a sustainable community vision and framework for action including short and long-range strategies and actions to enhance mobility, increase energy efficiency and conservation, and reduce greenhouse gas emissions citywide; and WHEREAS, the City recognizes that the municipal government should assume a leadership role in promoting sustainable environmental practices that are critical to the economic development future and long-term financial stability of Clearwater and the health of its citizens and that it has a responsibility to the Clearwater community and future generations to be an environmental steward and leader in promoting green practices to reduce energy use and costs to the City; and WHEREAS, the City is one of over 1,000 cities that signed the U.S. Conference of Mayors Climate Protection Agreement to express the City’s commitment to addressing environmental issues that impact our cities; and WHEREAS, in 2008 and 2019 the City completed greenhouse gas inventories of its government operations; and WHEREAS, the Clearwater community achieved the initial Clearwater Greenprint goal of a ten percent reduction in greenhouse gas emissions by 2020; and Resolution No. 21-29 2 WHEREAS, in 2021 the United States rejoined the Paris Agreement, an accord signed by nearly 200 nations in a commitment to lower global greenhouse gas emissions; and WHEREAS, local government actions to reduce greenhouse gas emissions and increase energy efficiency provide multiple local benefits, including reduced energy cost, green space preservation and brownfield redevelopment, air and water quality improvements, reduced traffic congestion, economic development, energy conservation and job creation through new energy technologies; and WHEREAS, the Clearwater community offers a unique combination of innovation and technical expertise that can be utilized to develop long-term sustainable solutions and facilitate all sectors and organizations in Clearwater in taking action to reduce emissions; and WHEREAS, Clearwater Greenprint 2.0 will remain a living document intended to guide future planning that allows for change over time as the city evaluates the success of specific strategies; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City Council approves Clearwater Greenprint 2.0, attached hereto as Exhibit “A” and directs the City Manager to implement the goals and strategies and provide updates to the City Council regarding implementation and effectuation. Section 2. The City Council hereby establishes the targets of reducing Clearwater’s citywide greenhouse gas emissions 25 percent below 2007 levels by the year 2035 and 80 percent below 2007 levels by 2050. Section 3. City government must lead by example in this area by minimizing greenhouse gas emissions in its own operations through establishment of policies and directions that will lead the community to a sustainable future, and, most importantly, by inspiring community involvement in the effort to reduce greenhouse gas emissions. Such policies and directions include the impact of regulation and cost (both direct and indirect) and provide for City Council approval in the event of a significant adverse impact. Section 4. The City Council hereby recognizes that new data, scientific findings, mitigation technologies, and quantification methodologies may emerge over time and that future City Councils may choose to update the city-wide greenhouse gas goal to take into account evolving science, technology or other opportunities. Section 5. This resolution shall take effect immediately upon adoption. Resolution No. 21-29 3 PASSED AND ADOPTED this day 5th of August, 2021. __________________________ Frank V. Hibbard Mayor Approved as to form: Attest: ________________________ __________________________ Owen Kohler Rosemarie Call Assistant City Attorney City Clerk Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9451 Agenda Date: 8/5/2021 Status: City Manager ReportVersion: 1 File Type: Council Discussion Item In Control: Engineering Department Agenda Number: 9.2 SUBJECT/RECOMMENDATION: Provide direction to determine if the City will exercise its right of first refusal (ROFR) to purchase non-city owned condominium units described as PUG, PUA, PUC and RUB of that certain commercial condominium commonly identified as North Beach Plaza Condominium located at 490 Poinsettia Avenue, Clearwater, Florida (collectively, the Property). SUMMARY: In accordance with Section 6.01 of that certain First Amended and Restated Agreement for the Development of Property entered into by and between the City and PV-Pelican Walk on September 1, 2015 (Agreement), the City has the right to match the $20,500,000.00 offer PV-Pelican has received from a third party to purchase the Property in the North Beach Plaza Condominium. On June 22, 2021, the City received notice that PV-Pelican Walk, LLC, owner of the non-City owned North Beach Plaza condominium units, received a bona-fide offer to purchase the Property, and that the City may exercise its right of first refusal to purchase the Property under the Agreement by matching the purchase price, the deposit, and all other terms and conditions of the proposed sale. The City has 45 days from receipt of the Notice in which to exercise its right of first refusal by providing written notice to PV-Pelican Walk, LLC., along with the required deposit. The 45-day period ends on August 6, 2021. The closing would then be within 30 days thereafter. If the City does not send written notice of its option to exercise the ROFR, by August 6, 2021, the City’s right of first refusal will be waived and the sale to the perspective Purchaser will procced accordingly. Right of First Refusal - key terms of the offer that must be matched: 1.Initial deposit of $250,000.00 2.Additional deposit (on or before the expiration of the Due Diligence Period) of $100,000.00 Page 1 City of Clearwater Printed on 8/4/2021 PAPAYA ST BAYMONT ST MANDALAY AVE EAST SHORE DRPOINSETTIA AVE SAN MARCO ST AERIAL MAP Document Path: C:\Users\Wioletta.Dabrowski\City of Clearwater\Engineering Geographic Technology - Documents\GIS\Engineering\Location Maps\PelicanWalkParkingGarage\Declaration_Surplus-Aerial.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 17/9/2021Date:Aerial Flown 2019KNMap Gen By:TMReviewed By: North Beach Plaza Condominium490 Poinsettia Ave. MANDALAY AVE ISLAND WAY ISLAND WAY MANDALAY AVE MEMORIAL CSWY DEVON DR CORONADO DR WINDWARD PSGE LARBOARD WAY POINSETTIA AVE P A L M IS N ESNUG I S P A L M IS S E SKIFF PT BAYMONT ST HAMDEN DR EAST SHORE DR D O L P H I N P T PALM IS SW HARBOR I S CYPRUS AVE CAUSEWAY BLVD POINSETTIA AVE PAPAYA ST BAY ESPLANADE LOCATION MAP Document Path: C:\Users\Wioletta.Dabrowski\City of Clearwater\Engineering Geographic Technology - Documents\GIS\Engineering\Location Maps\PelicanWalkParkingGarage\Declaration_Surplus-Location.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 17/9/2021Date: ^ NORTH BEACH PLAZA CONDOMINIUM North Beach Plaza Condominium490 Poinsettia Ave. KNMap Gen By:TMReviewed By: Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: Resolution 21-27 Agenda Date: 8/5/2021 Status: City Manager ReportVersion: 1 File Type: ResolutionIn Control: Engineering Department Agenda Number: 9.3 SUBJECT/RECOMMENDATION: Accept a Sidewalk Easement from Giant Oil, Inc. for the repair, maintenance, and replacement of a sidewalk on real property located at 3009 Gulf to Bay Boulevard and adopt Resolution 21-27. SUMMARY: The Sidewalk Easement will allow the City rights for repair, maintenance, and replacement of a sidewalk as the site is developed for commercial use. The City Engineering Department recommends acceptance of the easement. Page 1 City of Clearwater Printed on 8/4/2021 Resolution No. 21-27 RESOLUTION NO. 21-27 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA ACCEPTING A SIDEWALK EASEMENT FROM GIANT OIL, INC., FOR THE REPAIR, MAINTENANCE, AND REPLACEMENT OF A SIDEWALK AT 3009 GULF TO BAY BLVD.; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater requires a sidewalk easement from Giant Oil, Inc. for the repair, maintenance and replacement of a public sidewalk; 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 Sidewalk Easement, a copy of which is attached hereto and incorporated herein as Exhibit “A” to Resolution 21-27. 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 Return to: Rob Brzak Engineering Department City of Clearwater P. 0. Box4748Clearwater, FL 33758-4748 II SIDEWALK EASEMENT II FOR AND IN CONSIDERATION of the sum of Ten Dollars ($10.00) in hand paid, the receipt ofwhjch is hereby acknowledged, and the benefits to be derived therefrom, Giant Oil, Inc., whose mailing address is 1806 N. Franklin Street, Tampa, Florida 33602 ("Granter''), does hereby grant and convey to the City of Clearwater, Florida, a Florida Municipal Corporation, whose mailing address is P.O. Box 4748, Clearwater, Florida 33758-4748 ("Grantee"), its licensees, agents. successors and assigns a non-exclusive easement over, under, across and through the following described land lying and being situate in the County of Pinellas, State of Florida, to wit: See Exhibit A appended hereto and by this reference made a part hereof ("Easement Premises") This easement is for public sidewalk repair, maintenance and replacement. The CITY OF CLEARWATER, FLORIDA, shall have the right to enter ,upon the above-described premises and to maintain thereon such sidewalk and to inspect and alter and/or replace same from time to time. Grantee shall be solely responsible for obtaining a!! governmental and regulatory permits required to exercise the rights granted herein. The CITY OF CLEARWATER, FLORIDA covenants and agrees with Granter that it shall promptly restore the Easement Premises and any affected areas surrounding the Easement Premises upon completion Of any work activities undertaken in the exercise of these rights to at least the same quality of condition that existed as of the date Grantee first exercised any of its rights hereunder, and on each and every succeeding occasion thereafter. Grantee further represents and warrants that it shall diligently pursue the completion of all work activities in a timely manner. The General Public shall have full and free use of said sidewalk at any time and all times for traveling purposes. Granter warrants and covenants with Grantee that Grantor is the owner of fee simple title to the herein described Easement Premises, and that Granter has full right and lawful authority to grant and convey this easement to Grantee, and that Grantee shall have the non-exclusive, limited purpose quiet and peaceful possession, use and enjoyment of this easement. It ls expressly understood that Grantorreserves all rights of ownership of the Easement Premises not inconsistent with the easement rights granted herein. In the event Granter, its successors or assigns, should ever determine it necessary to relocate Grantee's Facilities constructed within the Easement Premises to facilitate further development or redevelopment of the property encumbered hereby; then Granter, its successors or assigns, in consultation with and upon approval of Grantee, shall provide an alternate easement for the Facilities constructed within the Easement Premises, and shall at Grantor's sole cost and expense reconstruct the FaciHties within the alternate easement. Upon completlon of the Facilities relocation Grantee shall cause this easement to be vacated and evidence of vacation duly recorded in the public records of Pinellas County, Florida. This easement is binding upon the Granter, the Grantee, their heirs, successors and assigns, The rights granted herein shall be perpetual and irrevocable and shall run with the land, except by the written mutual agreement of both parties, or by abandonment of the Easement Premises by Grantee. EXHIBIT A TO RESOLUTION 21-27 BAYVI EW AVE GULF-TO-BAY BLVD S B AYV I E W AV E MEADOW LARK LN 5 1 7 301830093004300629993000LOCATION MAP Document Path: C:\Users\Wioletta.Dabrowski\City of Clearwater\Engineering Geographic Technology - Documents\GIS\Engineering\Location Maps\3009GulftoBayBlvd.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: Proposed Sidewalk Easement3009 Gulf to Bay Blvd. Page: 1 of 16/29/2021Date: Legend Clearwater Service Area WDMap Gen By: PROPOSEDSIDEWALK EASEMENT Parcels RBReviewed By: Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: Res. 21-25 Agenda Date: 8/5/2021 Status: City Manager ReportVersion: 1 File Type: ResolutionIn Control: Planning & Development Agenda Number: 9.4 SUBJECT/RECOMMENDATION: Authorize a Community Aesthetic Features Agreement between the City of Clearwater and the Florida Department of Transportation for a local identification marker (city logo) on a new pedestrian overpass at Harn Boulevard and US 19 and authorize the appropriate officials to execute same; repeal Resolution 19-11 and adopt Resolution 21-25. SUMMARY: As Clearwater redevelops and grows, opportunities arise to increase public recognition and community pride in the city. Branding and wayfinding enhancements to transportation facilities and infrastructure are important components of these goals and also serve to guide customers and visitors to their destinations. As a southern gateway into the city, the pedestrian overpass of US 19 at Harn Boulevard to be constructed by the Florida Department of Transportation (FDOT) offers this type of opportunity. In 2016, the City contracted with MERJE, a nationally recognized firm with extensive community wayfinding experience, to develop a wayfinding and signage master plan for the US 19 Corridor which was presented to City Council in October 2016. The US 19 Corridor Wayfinding & Signage Plan identified two primary city gateways on US 19 and included the installation of City Gateway signage on two pedestrian bridges - Duke Energy Bridge and a proposed bridge north of Harn Boulevard - as priority projects. FDOT requires the City to enter into a Community Aesthetic Feature Agreement (CAFA) that provides for the design, installation and maintenance of the Sign. City Council passed and adopted Resolution 19-11 approving a CAFA for this signage. However, during their review process, FDOT requested minor modifications to the CAFA, including the addition of certain notations to the design intent drawings produced by MERJE, which have now been addressed. Proposed Resolution 21-25 repeals and replaces Resolution 19-11 and authorizes the updated CAFA. As shown in the CAFA, the sign will feature the city logo with the tag line “Bright and Beautiful, Bay to Beach” underneath, and will be illuminated. Additionally, the bridge will utilize the same blue color that was used at the US 19 overpass at SR 60/Gulf-to-Bay. The agreement provides FDOT with the design, evidence that the City will be responsible for maintaining the sign, and establishes a deposit of $15,000 that the City will pay to return the bridge to its originally designed condition if the sign needs to be removed. By adopting Resolution 21-25, City Council is approving the Community Aesthetic Features Agreement (Exhibit A) and the information contained within. Page 1 City of Clearwater Printed on 8/4/2021 File Number: Res. 21-25 APPROPRIATION CODE AND AMOUNT: Funds are available in capital improvement project 315-92842, City Wayfinding, to fund this agreement. USE OF RESERVE FUNDS: Page 2 City of Clearwater Printed on 8/4/2021 Resolution No. 21-25 1 RESOLUTION NO. 21-25 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA REPEALING AND REPLACING RESOLUTION NO. 19-11; APPROVING A COMMUNITY AESTHETIC FEATURES AGREEMENT, AS ATTACHED IN EXHIBIT A, BETWEEN THE CITY OF CLEARWATER (THE “CITY”) AND THE FLORIDA DEPARTMENT OF TRANSPORTATION (“FDOT”) THAT PROVIDES FOR THE INSTALLATION AND MAINTENANCE OF THE LOCAL IDENTIFICATION MARKER AFFIXED TO THE US 19 PEDESTRIAN OVERPASS AT HARN BOULEVARD; AUTHORIZING THE CITY MA NAGE R OR DESIGNEE TO EXECUTE THE COMMUNITY AESTHETIC FEATURES AGREEMENT, AND ALL OTHER DOCUMENTS NECESSARY TO EFFECTUATE THIS TRANSACTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City recognizes the important role of branding and wayfinding signage on major roads to civic pride, placemaking, and supporting tourism; and WHEREAS, on January 29, 2016, MERJE, a nationally recognized firm with extensive community wayfinding experience, was awarded a contract to develop a wayfinding and signage master plan for the US 19 Corridor, to implement one of the strategies identified in the US 19 Corridor Redevelopment Plan (2012); and WHEREAS, the US 19 Corridor Wayfinding & Signage Plan (“Wayfinding Plan”), prepared by MERJE and presented to City Council on October 6, 2016, identified two primary city gateways on US 19 and included the installation of City Gateway signage on two pedestrian bridges – Duke Energy Bridge and a proposed bridge north of Harn Boulevard – as priority projects; and WHEREAS, US 19 as the primary north-south corridor in the City is owned and operated by FDOT on behalf of the state of Florida; and WHEREAS, the construction of a pedestrian overpass of US 19 at Harn Boulevard provides the opportunity to affix a Local Identification Marker (the “Sign”) to the overpass structure consistent with the Wayfinding Plan; and WHEREAS, in order to affix a City of Clearwater Sign to the pedestrian overpass in the right-of-way, FDOT requires the City to enter into a Community Aesthetic Feature Agreement (“CAFA”) that provides for the design, installation and maintenance of the Sign; and WHEREAS, under the terms of the CAFA, the City will perform any future maintenance including cleaning and replacement of damaged or deteriorating materials to the Sign at the City’s cost; and Resolution No. 21-25 2 WHEREAS, under the terms of the CAFA, the City must pay for the costs of removal of the Sign and restoration of the right-of-way ("Removal and Restoration") upon the expiration or earlier termination of the CAFA; and WHEREAS, the Administration has determined that $15,000.00 is an amount sufficient to cover the costs to FDOT pursuant to the CAFA; and WHEREAS, FDOT has requested that the City sign and deliver to FDOT the CAFA and adopt a Resolution approving the same; and WHEREAS, on July 18, 2019, City Council passed and adopted Resolution No. 19-11, approving a CAFA for the signage on the pedestrian overpass of US 19 at Harn Boulevard, which was subsequently transmitted to FDOT; and WHEREAS, FDOT identified and requested modifications to the CAFA which have been addressed; and WHEREAS, the final design intent drawings are attached to the CAFA, replacing the previously provided sketch of the signage; and WHEREAS, these revised documents requested by FDOT are signed and contained within as part of this resolution; now, therefore; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City approves the Community Aesthetic Features Agreement, as attached in Exhibit “A,” which replaces the previously approved Agreement, accepting the rights and responsibilities provided for in the Agreement and authorizing appropriate City officials to take all necessary action as may be necessary or appropriate to perform all obligations and commitments of the City of Clearwater in accordance with the provisions of the Agreement. Section 2. Resolution 19-11 is hereby repealed and replaced in its entirety with this Resolution. Section 3. This Resolution shall take effect immediately upon adoption. Section 4. The City Clerk is directed to transmit a copy of this Resolution and the signed CAFA to the Secretary for District Seven of FDOT no later than fourteen (14) days after the Resolution and agreement are signed. Resolution No. 21-25 3 PASSED AND ADOPTED this _______ day of _____________, 2021. ________________________ __________________________ William B. Horne, II Frank V. Hibbard City Manager Mayor Approved as to form: Attest: ________________________ __________________________ Matthew J. Mytych, Esq. Rosemarie Call Assistant City Attorney City Clerk Resolution No. 21-25 4 EXHIBIT “A” COMMUNITY FEATURES AESTHETIC AGREEMENT STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION COMMUNITY AESTHETIC FEATURE AGREEMENT 625-010-10 ROADWAY DESIGN OGC - 08/17 Page 1 of 12 FORM # OFFICE DATE Page 1 of 12 State Road/Local Road SR55/US19 Section No. 15150000 CAFA No. This Community Aesthetic Feature Agreement (“Agreement”) is entered into this day of , between the State of Florida, Department of Transportation (“Department”) and The City of Clearwater (“Agency”). The Department and the Agency are sometimes referred to in this Agreement as a “Party” and collectively as the “Parties.” RECITALS A. The Agency has requested permission from the Department to install a [CHOOSE ONE: Public Art, Local Identification Marker] community aesthetic feature on that certain right-of-way owned by the Department which is located on State Road/Local Road SR55/US19 Bridge # 159023 at MP17.282 in Pinellas County, Florida (“Project”). B. The Department agrees that transportation facilities enhanced by community aesthetic features can benefit the public, result in positive economic development, and increase tourism both locally and throughout Florida. C. The Parties agree to the installation and maintenance of the Project, subject to the terms and conditions in this Agreement. AGREEMENT 1. TERM. The term of this Agreement shall commence upon full execution of this Agreement (“Effective Date”) and continue through July 1, 2069 , which is determined as the lifespan of the Project, unless terminated at an earlier date as provided in this Agreement. If the Agency does not complete the installation of the Project within 4 years, 3 mo. (1,550) days of the Effective Date of this Agreement, the Department may immediately terminate this Agreement. This Agreement may only be renewed for a term no longer than the original term of this Agreement upon a writing executed by both Parties to this Agreement. 2. PROJECT DESCRIPTION. The Project is a [CHOOSE ONE: Public Art, Local Identification Marker], as more fully described in the plans in Exhibit “A”, attached and incorporated in this Agreement. 3. FUNDING OF THE PROJECT. The Agency has agreed by resolution to approve the Project and to fund all costs for the design, installation, and maintenance of the Project, and such resolution is attached and incorporated in this Agreement as Exhibit “D”. The Department shall not be responsible for any costs associated with the Project. All improvements funded, constructed, and installed by the Agency shall remain the Agency’s property. However, this permissive use of the Department’s right-of-way where the Project is located does not vest any property right, title, or interest in or to the Agency for the Department’s right-of-way. 4. DESIGN AND CONSTRUCTION STANDARDS AND REQUIRED APPROVALS. a. The Agency is responsible for the design, construction, and maintenance of the Project in accordance with all applicable federal, state and local statutes, rules and regulations, including the Department standards and specifications. A professional engineer, registered in Florida, shall provide the certification that all design and construction for the Project meets the minimum construction standards established by the Department and applicable Florida Building Code construction standards. The Agency shall submit all plans or related construction documents, cost estimates, project schedule, and applicable third party agreements to the Department for review and approval prior to installation of the Project. The Agency is responsible for the preparation of all design plans for the Project, suitable for reproduction on 11 inch by 17 inch sheets, together with a complete set of specifications covering all construction requirements for the Project. A copy of the design plans shall be provided to the Department’s District Design Engineer, located at c/o Chris Gregory 5211 Ulmerton Road, MS 7-1210, Clearwater, FL 33760 . The Department will review the plans for conformance to the Department’s requirements and feasibility. The Department review shall not be considered an adoption of the plans nor a substitution for the engineer’s responsibility for the plans. By review of the plans, the Department signifies only that such plans and improvements satisfies the Department’s requirements, and the Department expressly 625-010-10 ROADWAY DESIGN OGC - 08/17 Page 2 of 12 disclaims all other representations and warranties in connection with the plans, including, but not limited to the integrity, suitability, or fitness for the intended purpose or whether the improvements are constructed in accordance with the plans. The Department’s review of the plans does not relieve the Agency, its consultants or contractors of any professional or other liability for the plans. All changes required by the Department shall be made by the Agency and final corrected plans shall be provided to the Department within thirty (30) days. b. The Agency shall be responsible for locating all existing utilities, both aerial and underground, and for ensuring that all utility locations be accurately documented on the construction plans. All utility conflicts shall be fully resolved directly with the applicable utility. Section 337.403, Florida Statutes, shall determine whether the utility bears the costs of utility work. The Agency shall bear the costs of utility work not required to be borne by the utility by Section 337.403, Florida Statutes. c. The Agency shall be responsible for monitoring construction operations and the maintenance of traffic (“MOT”) throughout the course of the Project in accordance with the latest edition of FDOT Standard Specifications, Section 102. The Agency is responsible for the development of a MOT plan and making any changes to that plan as necessary. The MOT plan shall be in accordance with the latest version of FDOT Design Standards, Index 600 series. Any MOT plan developed by the Agency that deviates from FDOT Design Standards must be signed and sealed by a professional engineer. MOT plans will require approval by the Department prior to implementation. d. The Agency is responsible for obtaining all permits that may be required by any federal, state, or local agency. e. Prior to commencing the Project, the Agency shall request a Notice to Proceed from the Department’s Construction Project Manager, Julie Ostoski , at (727) 575-8300 or from an appointed designee. f. The Agency is authorized, subject to the conditions in this Agreement, to enter Department’s right-of-way to install the Project (see attached Exhibit “B” Special Provisions). The Parties agree that this Agreement creates a permissive use only. Neither the granting of permission to use Department’s right-of-way nor the placing of facilities upon Department’s right-of-way shall operate to create or vest any property right in or to the Agency. The Agency shall not acquire any right, title, interest, or estate in the Department’s right-of-way, of any nature or kind whatsoever, by virtue of the execution, operation, effect, or performance of this Agreement including, but not limited to, the Agency’s use, occupancy or possession of the Department’s right-of-way. g. The Department shall have the right, but not the obligation, to perform independent assurance testing during the course of construction and throughout the maintenance term of the Project. If the Department determines that a condition exists which threatens the public’s safety, the Department may, at its discretion, cause the Project to cease and/or immediately have any potential hazards removed from its right-of-way at the sole cost, expense, and effort of the Agency. Should the Agency fail to remove the safety hazard within thirty (30) days, the Department may remove the safety hazard at the Agency’s sole cost, expense, and effort. h. The Agency shall be responsible to ensure that construction of the Project is performed in accordance with the approved construction documents, and that it will meet all applicable federal, state, and local standards and that the work is performed in accord with the Terms and Conditions contained in Exhibit “C”. i. The Agency shall notify the Department a minimum of forty eight (48) hours before beginning the Project within the Department’s right-of-way. The Agency shall notify the Department should installation be suspended for more than five (5) working days. j. Upon completion of the Project, the Agency shall notify the Department in writing of the completion of the installation of the Project. For all design work that originally required certification by a Professional Engineer, the notification shall contain a Responsible Professional’s Certification of Compliance, signed and sealed by the responsible professional for the project, the form of which is attached to this 625-010-10 ROADWAY DESIGN OGC - 08/17 Page 3 of 12 Agreement as Exhibit “E”. The certification shall state that work has been completed in compliance with the Project construction plans and specifications. If any deviations are found from the approved plans, the certification shall include a list of all deviations along with an explanation that justifies the reason to accept each deviation. The Agency and its contractors shall remove their presence, including, but not limited to, all of the Agency or its contractor’s/ subcontractor’s/ consultant’s/ subconsultant’s property, machinery, and equipment from the Department’s right-of-way and shall restore those portions of the Department’s right-of-way disturbed or otherwise altered by the Project to substantially the same condition that existed immediately prior to the commencement of the Project, at Agency’s sole cost and expense. k. If the Department determines that the Project is not completed in accordance with the provisions of this Agreement, the Department shall deliver written notification to the Agency. The Agency shall have thirty (30) days from the date of receipt of the Department’s written notice to complete the Project and provide the Department with written notice of the same (“Notice of Completion”). If the Agency fails to timely deliver the Notice of Completion, or if it is determined that the Project is not properly completed after receipt of the Notice of Completion, the Department may: 1) provide the Agency with written authorization granting additional time as the Department deems appropriate to correct the deficiency(ies); or 2) correct the deficiency(ies) at the Agency’s sole cost and expense, without Department liability to the Agency for any resulting loss or damage to property, including but not limited to machinery and equipment. If the Department elects to correct the deficiency(ies), the Department shall provide the Agency with an invoice for the costs incurred by the Department and the Agency shall pay the invoice within thirty (30) days of the date of the invoice. l. Upon completion of the Project, the Agency shall be responsible for the perpetual maintenance of the Project, including all costs. The maintenance schedule shall include initial defect, instantaneous damage and deterioration components. The initial defect maintenance inspection should be conducted, and any required repairs performed during the construction phase. The instantaneous damage maintenance inspection should be conducted sixty (60) to ninety (90) days after placement and is intended to identity short term damage that does not develop over longer time periods. The deterioration maintenance inspection shall be conducted on regular, longer term intervals and is intended to identify defects and damages that occur by naturally occurring chemical, physical or biological actions, repeated actions such as those causing fatigues, normal or severe environmental influences, abuse or damage due to other causes. Deterioration maintenance shall include, but is not limited to, the following services: Cleaning, painting, repair and maintenance, and replacement of damaged and/or deteriorating materials m. The Agency shall, within thirty (30) days after expiration or termination of this Agreement, remove the Project and restore the right-of-way to its original condition prior to the Project. The Agency shall secure its obligation to remove the Project and restore the right-of-way by providing a removal and restoration deposit, letter of credit, or performance bond in the amount of $ 15,000.00 . The removal and restoration deposit, letter of credit, or bond shall be maintained by the Agency at all times during the term of this Agreement and evidence of the deposit, letter of credit, or bond shall be submitted to the Department on an annual basis. A waiver of the deposit, letter of credit, or bond requirement is permitted with approval from the District Maintenance Engineer for those installations with estimated restoration/removal costs less than or equal to $2000.00. District Maintenance Engineer, Date: . n. The Department reserves its right to cause the Agency to relocate or remove the Project, in the Department’s sole discretion, and at the Agency’s sole cost. 625-010-10 ROADWAY DESIGN OGC - 08/17 Page 4 of 12 5. INDEMNITY AND INSURANCE. a. The Agency agrees to include the following indemnification in all contracts with contractors, subcontractors, consultants, and subconsultants, who perform work in connection with this Agreement: "The contractor/ subcontractor/ consultant/ subconsultant shall indemnify, defend, save and hold harmless the State of Florida, Department of Transportation and all of its officers, agents or employees from all suits, actions, claims, demands, liability of any nature whatsoever arising out of, because of, or due to any negligent act or occurrence of omission or commission of the contractor/ subcontractor/ consultant/ subconsultant, its officers, agents or employees." b. The Agency shall carry or cause its contractor/ subcontractor/ consultant/ subconsultant to carry and keep in force during the period of this Agreement a general liability insurance policy or policies with a company or companies authorized to do business in Florida, affording public liability insurance with combined bodily injury limits of at least $1,000,000 per person and $5,000,000 each occurrence, and property damage insurance of at least $100,000 each occurrence, for the services to be rendered in accordance with this Agreement. Additionally, the Agency or its contractor/ subcontractor/ consultant/subconsultant shall cause the Department to be an additional insured party on the policy or policies, and shall provide the Department with certificates documenting that the required insurance coverage is in place and effective. In addition to any other forms of insurance or bonds required under the terms of the Agreement, when it includes construction within the limits of a railroad right-of-way, the Agency must provide or cause its contractor to obtain the appropriate rail permits and provide insurance coverage in accordance with Section 7-13 of the Department’s current Standard Specifications for Road and Bridge Construction, as amended. c. The Agency shall also carry or cause its contractor/ subcontractor/ consultant/ subconsultant to carry and keep in force Worker's Compensation insurance as required by the State of Florida under the Worker's Compensation Law. 6. NOTICES. All notices pertaining to this Agreement are in effect upon receipt by either Party, shall be in writing, and shall be transmitted either by personal hand delivery; United States Post Office, return receipt requested; or, overnight express mail delivery. E-mail and facsimile may be used if the notice is also transmitted by one of the preceding forms of delivery. The addresses set forth below for the respective parties shall be the places where notices shall be sent, unless prior written notice of change of address is given. STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION DISTRICT 7 PROGRAM MANAGER Chris Gregory, Pinellas Maintenance Unit Permits Administrator 5211 Ulmerton Road, MS 7-1210, Clearwater, FL 33760 Phone: (727) 575-8310 Fax: City of Cleawater COUNTY [OR CITY], FLORIDA Tara Kivett, Engineering Director 100 S. Myrtle Avenue, Clearwater, FL 33756 Email: tara.kivett@myclearwater.com Phone: 727-562-4758 Fax: 625-010-10 ROADWAY DESIGN OGC - 08/17 Page 5 of 12 7. TERMINATION OF AGREEMENT. The Department may terminate this Agreement upon no less than thirty (30) days notice in writing delivered by certified mail, return receipt requested, or in person with proof of delivery. The Agency waives any equitable claims or defenses in connection with termination of the Agreement by the Department pursuant to this Paragraph 7. 8. LEGAL REQUIREMENTS. a. This Agreement is executed and entered into in the State of Florida and will be construed, performed, and enforced in all respects in strict conformity with local, state, and federal laws, rules, and regulations. Any and all litigation arising under this Agreement shall be brought in a state court of appropriate jurisdiction in Leon County, Florida, applying Florida law. b. If any term or provision of the Agreement is found to be illegal or unenforceable, the remainder of the Agreement will remain in full force and effect and such term or provision will be deemed stricken. c. The Agency shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Agency in conjunction with this Agreement. Failure by the Agency to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the Department. d. The Agency and the Department agree that the Agency, its employees, contractors, subcontractors, consultants, and subconsultants are not agents of the Department as a result of this Agreement. e. The Agency shall not cause any liens or encumbrances to attach to any portion of the Department’s right- of-way. 9. PUBLIC ENTITY CRIME. The Agency affirms that it is aware of the provisions of Section 287.133(2)(a), Florida Statutes. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty six (36) months from the date of being placed on the convicted vendor list. The Agency agrees that it shall not violate Section 287.133(2)(a), Florida Statutes, and further acknowledges and agrees that any conviction during the term of this Agreement may result in the termination of this Agreement. 10. UNAUTHORIZED ALIENS. The Department will consider the employment of unauthorized aliens, by any contractor or subcontractor, as described by Section 274A(e) of the Immigration and Nationalization Act, cause for termination of this Agreement. 11. NON-DISCRIMINATION. The Agency will not discriminate against any employee employed in the performance of this Agreement, or against any applicant for employment because of age, ethnicity, race, religious belief, disability, national origin, or sex. The Agency shall provide a harassment-free workplace, with any allegation of harassment given priority attention and action by management. The Agency shall insert similar provisions in all contracts and subcontracts for services by this Agreement. 12. DISCRIMINATORY VENDOR LIST. The Agency affirms that it is aware of the provisions of Section 287.134(2)(a), Florida Statutes. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. The Agency further agrees 625-010-10 ROADWAY DESIGN OGC - 08/17 Page 6 of 12 that it shall not violate Section 287.134(2)(a), Florida Statutes, and acknowledges and agrees that placement on the list during the term of this Agreement may result in the termination of this Agreement. 13. ATTORNEY FEES. Each Party shall bear its own attorney’s fees and costs. 14. TRAVEL. There shall be no reimbursement for travel expenses under this Agreement. 15. PRESERVATION OF REMEDIES. No delay or omission to exercise any right, power, or remedy accruing to either Party upon breach or default by either Party under this Agreement, will impair any such right, power or remedy of either party; nor will such delay or omission be construed as a waiver of any breach or default or any similar breach or default. 16. MODIFICATION. This Agreement may not be modified unless done so in a writing executed by both Parties to this Agreement. 17. NON-ASSIGNMENT. The Agency may not assign, sublicense, or otherwise transfer its rights, duties, or obligations under this Agreement without the prior written consent of the Department. Any assignment, sublicense, or transfer occurring without the required prior written approval of the Department will be null and void. The Department will at all times be entitled to assign or transfer its rights, duties, or obligations under this Agreement to another governmental agency in the State of Florida, upon giving prior written notice to the Agency. In the event that the Department approves transfer of the Agency’s obligations, the Agency remains responsible for all work performed and all expenses incurred in connection with this Agreement. 18. BINDING AGREEMENT. This Agreement is binding upon and inures to the benefit of the Parties and their respective successors and assigns. Nothing in this Agreement is intended to confer any rights, privileges, benefits, obligations, or remedies upon any other person or entity except as expressly provided for in this Agreement. 19. INTERPRETATION. No term or provision of this Agreement shall be interpreted for or against any party because that party or that party’s legal representative drafted the provision. 20. ENTIRE AGREEMENT. This Agreement, together with the attached exhibits and documents made a part by reference, embodies the entire agreement of the Parties. There are no provisions, terms, conditions, or obligations other than those contained in this Agreement. This Agreement supersedes all previous communication, representation, or agreement, either verbal or written, between the Parties. No amendment will be effective unless reduced to writing and signed by an authorized officer of the Agency and the authorized officer of the Department or his/her delegate. 21. DUPLICATE ORIGINALS. This Agreement may be executed in duplicate originals. The remainder of this page is intentionally left blank. 625-010-10 ROADWAY DESIGN OGC - 08/17 Page 8 of 12 Section No. 15150000 CAFA No. EXHIBIT “A” PROJECT DESCRIPTION I. SCOPE OF SERVICES As requested by the City of Clearwater, a local identification sign will be attached on the south side of the fence enclosure to enhance the aesthetics into the Clearwater city limits. The aesthetics will consist of a symbol and the city's name, "Clearwater" and the tag line "Bright and Beautiful - Bay to Beach", on the south facing side of the pedestrian bridge. Refer to the attached design intent drawings of the proposed signage provided by the City of Clearwater. The signage will be made of aluminum channel letters with 6" return and reflective vinyl. The fence enclosure will be designed to support the extra loading of the aesthetics. The signage will be illuminated; a separate maintenance agreement will be established for the upkeep of the lighting. The blue color used at the US 19 over SR 60 interchange for the steel girders will be used for the prefabricated steel truss. See Section 3.1.4 of the FDOT Bridge Development Report (BDR) for more discussion on coating and painting. II. PROJECT PLANS The Agency is authorized to install the Project in accordance with the attached plans prepared by Adam McLaughlin , P.E./R.L.A./Architect and dated 07/24/2018 . Any revisions to these plans must be approved by the Department in writing. 120 North Church Street Suite 208 West Chester, PA 19380 T 484.266.0648 www.merjedesign.com ENVIRONMENTS & EXPERIENCES Clearwater, FL Pedestrian Bridge Gateway Sign Harn Overpass DESIGN INTENT DRAWINGS November 23, 2020 Table of Contents Section 1 – SIGN SYSTEM STANDARDS A. Graphic Standards Artwork & Paint Specifications ............................A.1 Section 2 – SIGNAGE DRAWINGS B. Design Intent Drawings BRIDGE.2 ................................................................B.1 C. Construction Details Typical Section Details ..........................................C.1 Mounting Detail .....................................................C.2 Lighting ...................................................................C.3 FDOT Drawings ......................................................C.4 Section 3 – TECHNICAL SPECS (Appendix) Section 4 – ADDITIONAL INFORMATION SECTION 1 Sign Systems Standards Graphic StandardsA SPECIFICATIONS REVISIONS CLIENT / PROJECT SHEET TITLE DATE SUBCONSULTANT PROJECT NO. DRAWN BY: SHEET NO. These drawings are meant for DESIGN INTENT ONLY and are not for construction. Contractor shall verify and be responsible for all dimensions and conditions of the job. Contractor shall be familiar with the site and conditions it presents. This office must be noti- fied of any variations from the dimensions and condi- tions shown on this drawing. Shop drawings and details must be submitted to this office for approval prior to proceeding with fabrication. All copy shall be proofread by client and legal requirements checked by legal department. LH03/01/18 07/24/18 11/23/20 NOTES Clearwater, FL Wayfinding and Signage System 120 North Church Street Suite 208 West Chester, PA 19380 T 484.266.0648 www.merjedesign.com ENVIRONMENTS & EXPERIENCES A.1 All artwork pictured on this page will be provided to the sign fabricator by the designer and/or client. This artwork must be used for all sign applications in this provided documentation. Do NOT substitute with any other artwork! Project Artwork & Paint Colors The FABRICATOR must submit three (3) identical sets of each color specified for approval prior to any painting. Sample paint swatches must be produced on .080" aluminum sheet, approximately 3" x 6", including primer and free of defects. Sample material swatches should be the same approximate size. Samples MUST have project and color specifications attached to back side. The colors must look exactly the same every time they are used so that people associate them with the Clearwater Wayfinding Program. All media, vinyl, paint, and inks must be produced so that the colors match as specified on this page. LOGO ELEMENTS PAINT COLORS Matthews Paint MP 11477 To match Pantone® 3015 C To match Matthews Paint Surface applied, exterior sign paint and protective top coat:MATTHEWS Acrylic Polyurethane with Clear Coat Satin finish. Surface applied, exterior sign paint and protective top coat:MATTHEWS Acrylic Polyurethane with Clear Coat Satin finish. Surface applied, exterior sign paint and protective top coat:MATTHEWS Acrylic Polyurethane with Clear Coat Satin finish. P PAINTS NAME SPECIFICATION PROCESS P1 P2 P3 White Clearwater Blue Silver Signage DrawingsSECTION 2 Design Intent DrawingsBS V8 9 Specification Note Color Designator The Color Designator Chart is found in the Graphic Standards section. The Specification Notation is found on the same page as the drawings. KEY: SPECIFICATIONS SIGN TYPE:FUNCTION: REVISIONS CLIENT / PROJECT SHEET TITLE DATE SUBCONSULTANT PROJECT NO. DRAWN BY: SHEET NO. These drawings are meant for DESIGN INTENT ONLY and are not for construction. Contractor shall verify and be responsible for all dimensions and conditions of the job. Contractor shall be familiar with the site and conditions it presents. This office must be noti- fied of any variations from the dimensions and condi- tions shown on this drawing. Shop drawings and details must be submitted to this office for approval prior to proceeding with fabrication. All copy shall be proofread by client and legal requirements checked by legal department. LH03/01/18 07/24/18 11/23/20 B.1 NOTES Clearwater, FL Wayfinding and Signage System 1. Fabricator to verify the mounting conditions and provide a detail drawing for each mounting situation, prior to fabrication. Fabricator must obtain approval from the Designer or Client for placement prior to fabrication. 2. All vinyl and painted surfaces must receive a compatible anti-graffiti (and U/V) clear coat or vinyl over laminate. 3. Hardware: All exposed hardware shall be tamper proof fasteners. 4. Contractor must provide shop drawings for all structural components, signed and sealed by a licensed engineer in the State of the project. 120 North Church Street Suite 208 West Chester, PA 19380 T 484.266.0648 www.merjedesign.com ENVIRONMENTS & EXPERIENCES P1 P2 Return 1P2P31 Color logo graphic to be provided by City P2 2P1Align bottom of bridge Front View: BRIDGE.2 SCALE: 1/16" = 1'-0"1 Graphic Detail : BRIDGE.2 SCALE: 1/8" = 1'-0"2 CL CLCLCLCLCLCL Center Align on Roadway Center Align Light Supports on Vertical Struts 50'-2 1/2" 2'-6 1/2"1'-7 3/4" 50'-2 1/2" Ø 8'-1 3/4" Ø 7'-0 1/2" 2'-4" EQ EQ 5'-4 1/2" Sign Type BRIDGE.2 City Gateway City GatewayBRIDGE.1 1. CUT LETTERS / LOGO MATERIAL: Aluminum channel letters with 4 1/4" Return Letters: Face white reflective vinyl, Returns painted blue Logo: Face screen-printed reflective vinyl, Returns painted silver EDGES: Smooth COLOR: Custom, as noted SURFACE PROCESS: Paint all exposed surfaces with Matthews Acrylic Polyurethane, with clear coat satin finish. FASTENER: Mechanically L-clamped to existing structure with hidden fasteners (Lock Nut - tamper-proof). Mirrored 1/8" Aluminum Channel Letterform on inside of structure to hide fasteners. 3/8" Bolted connection Staggered along Aluminum Channel Letters: 4" Spacing min. See channel/ connection detail. 2. TAGLINE BAR MATERIAL: Aluminum channel box with 4 1/4" Return Background: Painted Blue, Returns painted blue Letters: Router cut reflective vinyl, applied EDGES: Smooth COLOR: Custom, as noted SURFACE PROCESS: Paint all exposed surfaces with Matthews Acrylic Polyurethane, with clear coat satin finish. FASTENER: Mechanically L-clamped to existing structure with hidden fasteners (Lock Nut - tamper-proof). Mirrored 1/8" Aluminum Channel Letterform on inside of structure to hide fasteners. 3/8" Bolted connection Staggered along Aluminum Channel Letters: 4" Spacing min. See channel/ connection detail. 3. LIGHTING PRODUCT: Holophane Sign-Vue LED II. (FDOT Standard Product) FASTENER: Mechanically fastens to underside of bridge. Follow FDOT Standards. Construction DetailsC REVISIONS CLIENT / PROJECT SHEET TITLE DATE PROJECT NO. DRAWN BY: SHEET NO. These drawings are meant for DESIGN INTENT ONLY and are not for construction. Contractor shall verify and be responsible for all dimensions and conditions of the job. Contractor shall be familiar with the site and conditions it presents. This office must be notified of any variations from the dimensions and conditions shown on this drawing. Shop drawings and details must be submitted to this office for approval prior to proceeding with fabrication. All copy shall be proofread by client and legal requirements checked by legal department. LH 04/27/18 07/24/18 11/23/20 C.1 SPECIFICATIONS Clearwater, FL Wayfinding and Signage System 120 North Church Street Suite 208 West Chester, PA 19380 T 484.266.0648 www.merjedesign.com ENVIRONMENTS & EXPERIENCES NOTES: 1. Fabricator to verify the mounting conditions and provide a detail drawing for each mounting situation, prior to fabrication. Fabricator must obtain approval from the Designer or Client for placement prior to fabrication. 2. All vinyl and painted surfaces must receive a compatible anti-graffiti (and U/V) clear coat or vinyl over laminate.3. Hardware: All exposed hardware shall be tamper proof fasteners.4. Contractor must provide shop drawings for all structural components, signed and sealed by a licensed engineer in the State of the project. Construction Details Sign Type: BRIDGE.2 BRIDGE.2 Section Details Section View: BRIDGE.2 SCALE: 1:42Section View: BRIDGE.2 SCALE: 1:41 9" OD - Steel TUBE Unknown Thickness (Bridge Structure) Weld Internal Supports at all U-bracket Locations Bolted connection staggered along Aluminum channel letters; see Graphic Detail for spacing Existing Fencing (Bracket #2) 1/4" thk Aluminum “L” Bracket, Weld + Mechanically fasten as required. (Bracket #1) (Runs Length of Letters) 1/4" thk Aluminum “L” Bracket, Weld + Mechanically fasten as required. 3" x 6" x 1/4" thk S/S spacer plate 2 Bolt Holes 4 1/4" 3 1/4" 3" 6" 3" Weld Weld Weld Weld Bridge Number: 159023 REVISIONS CLIENT / PROJECT SHEET TITLE DATE PROJECT NO. DRAWN BY: SHEET NO. These drawings are meant for DESIGN INTENT ONLY and are not for construction. Contractor shall verify and be responsible for all dimensions and conditions of the job. Contractor shall be familiar with the site and conditions it presents. This office must be notified of any variations from the dimensions and conditions shown on this drawing. Shop drawings and details must be submitted to this office for approval prior to proceeding with fabrication. All copy shall be proofread by client and legal requirements checked by legal department. LH 04/27/18 07/24/18 11/23/20 C.2 SPECIFICATIONS Clearwater, FL Wayfinding and Signage System 120 North Church Street Suite 208 West Chester, PA 19380 T 484.266.0648 www.merjedesign.com ENVIRONMENTS & EXPERIENCES NOTES: 1. Fabricator to verify the mounting conditions and provide a detail drawing for each mounting situation, prior to fabrication. Fabricator must obtain approval from the Designer or Client for placement prior to fabrication. 2. All vinyl and painted surfaces must receive a compatible anti-graffiti (and U/V) clear coat or vinyl over laminate.3. Hardware: All exposed hardware shall be tamper proof fasteners.4. Contractor must provide shop drawings for all structural components, signed and sealed by a licensed engineer in the State of the project. Mounting = Lighting Details Sign Type: BRIDGE.2 BRIDGE.2 Section Details Mounting Detail: BRIDGE.2 SCALE: 1/2”=1’-0”1 Lightnig Assembly Per FDOT Standards QTY - 6 Bridge Number: 159023 REVISIONS CLIENT / PROJECT SHEET TITLE DATE PROJECT NO. DRAWN BY: SHEET NO. These drawings are meant for DESIGN INTENT ONLY and are not for construction. Contractor shall verify and be responsible for all dimensions and conditions of the job. Contractor shall be familiar with the site and conditions it presents. This office must be notified of any variations from the dimensions and conditions shown on this drawing. Shop drawings and details must be submitted to this office for approval prior to proceeding with fabrication. All copy shall be proofread by client and legal requirements checked by legal department. LH 04/27/18 07/24/18 11/23/20 C.3 SPECIFICATIONS Clearwater, FL Wayfinding and Signage System 120 North Church Street Suite 208 West Chester, PA 19380 T 484.266.0648 www.merjedesign.com ENVIRONMENTS & EXPERIENCES NOTES: 1. Fabricator to verify the mounting conditions and provide a detail drawing for each mounting situation, prior to fabrication. Fabricator must obtain approval from the Designer or Client for placement prior to fabrication. 2. All vinyl and painted surfaces must receive a compatible anti-graffiti (and U/V) clear coat or vinyl over laminate.3. Hardware: All exposed hardware shall be tamper proof fasteners.4. Contractor must provide shop drawings for all structural components, signed and sealed by a licensed engineer in the State of the project. Sign Lighting Sign-Vue® LED II The Sign-Vue LED II is the next generation product designed to meet the needs of the media sign lighting market. Built on breakthrough LEDs and dedicated optics for specific poster and bulletin applications, the Sign-Vue LED II provides exceptional uniform illumination while saving energy and reducing maintenance costs. Built on the design philosophy “MORE LIGHT WHERE YOU NEED IT–ON THE BOARD, watt for watt, the Sign-Vue LED II delivers twice as much light on the board as our leading LED competitors.” 78% more energy efficient than comparable HID luminaires: +12,000 through 16,000 lumens – replaces 175W through 400W HID sign lighting products Dedicated optics for poster panel and bulletin applications: +Panel-Vue® optics for poster applications +Sign-Vue® optics for bulletin and super bulletin applications +AdVue® optics for bulletin and super bulletin applications where two luminaires are required +Most light on the board equals “most efficient” in the industry +Illuminates entire board apron, copy and extensions Leading edge optics and “white light” improve visibility on signage: +5000K CCT, 70 CRI minimum +Exceptional uniformity +Uniform apron lighting promotes “brand” of operator +Uplight and spill light minimized to be environmentally friendly Improved fixture efficacy reduces energy usage vs competitive LED luminaires: +Efficacy improvements up to 130 LPW +Lowest total cost of ownership in the media industry +Maximized energy savings over HID results in faster payback Longevity and low maintenance make it the ultimate sustainable solution for renovation and new construction media sign lighting projects: +L70 & driver life > 100,000 hours +Robust IP66 rated prismatic borosilicate optics increase durability and reduce dirt depreciation +ANSI C136 10kV/5kA surge protection +5,000 hour rated salt spray finish Key Benefits Sleek attractive dayform with weight less than ½ of comparable HID sign lighting luminaires ensures no issues when retrofitting to existing structure: +Weight < 25 lbs. +Luminaire mounts to existing 1.25 inch round or 1.5 inch square tube +Low profile ensures luminaire not visible in sign messaging Optional controls for design flexibility and energy savings: +AO field-adjustable module provides design flexibility +Provides choice of lumen and wattage for both rural and urban applications with one luminaire Smart Solutions that Simply Work STEP 1: SEriES SVLED2 Sign-Vue LED II STEP 2: DirEcT DiSTribuTion ADL1 AdVue optical distribution refractor PNL Panel-Vue optical distribution refractor SVL Sign-Vue optical distribution refractor________________________________ 1available with PK4 only STEP 3: LED LighT ouTPuT PK12 6,000 lumen performance package PK3 12,000 lumen performance package PK4 16,000 lumen performance package________________________________ 224VDC only STEP 4: VoLTagE MVOLT Auto sensing voltage 120, 208, 240, 277V 24VDC 24V DC | Media Group | Outdoor Advertising Application Reference Acuity Brands Lighting, Inc. Holophane Headquarters, 3825 Columbus Road, Granville, OH 43023 For more information on this product contact your Holophane Media Group at MediaSalesSupport@holophane.com or call 855-803-1345 Warranty Five-year limited warranty. Full warranty terms located at www.acuitybrands.com/CustomerResources/Terms_and_conditions.aspx Visit our web site at www.holophane.com Catalog Number Information STEP 5: DirEcT LED coLor 50K 5000K Color Temperature STEP 6: MounTing AMT Standard pipe mount 1.25IN round, 1.5IN square mounting with refractor up or refractor down with single wire access STEP 7: coLor BNSDP Brown super durable paint finish GYSDP Gray super durable paint finish GHSDP Graphite super durable paint finish STEP 8: oPTionS AO3 Field adjustable output ______________________________ 3MVOLT only Example:SVL 2 DirEcT DiSTr. ADLPNLSVL SVLED2 1 SEriES SVLED2 How to Construct a Catalog Number PK3 3 LED ouTPuT PK1PK3PK4 MVOLT 4 VoLTagE MVOLT 24VDC 50K 5 coLor TEMP. 50K AMT 6 MounTing AMT GHSDP 7 coLor BNSDP GYSDPGHSDP AO 8 oPTionS AO Sign-Vue® LED II ©2015 Acuity Brands Lighting, Inc. All rights reserved. | 08/15 | HL_2013 Fixture Board Size # of Fixtures PNL - Panel-Vue 12’x24’ Poster 1 PNL - Panel-Vue 10’6”x36’ Bulletin 2 or 3 SVL - Sign-Vue 14’x48’ Bulletin 3 or 4 SVL - Sign-Vue 20’x60’ Super 5 AVL - AdVue 14’x48’ Bulletin 2 REVISIONS CLIENT / PROJECT SHEET TITLE DATE PROJECT NO. DRAWN BY: SHEET NO. These drawings are meant for DESIGN INTENT ONLY and are not for construction. Contractor shall verify and be responsible for all dimensions and conditions of the job. Contractor shall be familiar with the site and conditions it presents. This office must be notified of any variations from the dimensions and conditions shown on this drawing. Shop drawings and details must be submitted to this office for approval prior to proceeding with fabrication. All copy shall be proofread by client and legal requirements checked by legal department. LH 04/27/18 07/24/18 11/23/20 C.4 SPECIFICATIONS Clearwater, FL Wayfinding and Signage System 120 North Church Street Suite 208 West Chester, PA 19380 T 484.266.0648 www.merjedesign.com ENVIRONMENTS & EXPERIENCES NOTES: 1. Fabricator to verify the mounting conditions and provide a detail drawing for each mounting situation, prior to fabrication. Fabricator must obtain approval from the Designer or Client for placement prior to fabrication. 2. All vinyl and painted surfaces must receive a compatible anti-graffiti (and U/V) clear coat or vinyl over laminate.3. Hardware: All exposed hardware shall be tamper proof fasteners.4. Contractor must provide shop drawings for all structural components, signed and sealed by a licensed engineer in the State of the project. FDOT Drawings REVISIONS CLIENT / PROJECT SHEET TITLE DATE PROJECT NO. DRAWN BY: SHEET NO. These drawings are meant for DESIGN INTENT ONLY and are not for construction. Contractor shall verify and be responsible for all dimensions and conditions of the job. Contractor shall be familiar with the site and conditions it presents. This office must be notified of any variations from the dimensions and conditions shown on this drawing. Shop drawings and details must be submitted to this office for approval prior to proceeding with fabrication. All copy shall be proofread by client and legal requirements checked by legal department. LH 04/27/18 07/24/18 11/23/20 C.5 SPECIFICATIONS Clearwater, FL Wayfinding and Signage System 120 North Church Street Suite 208 West Chester, PA 19380 T 484.266.0648 www.merjedesign.com ENVIRONMENTS & EXPERIENCES NOTES: 1. Fabricator to verify the mounting conditions and provide a detail drawing for each mounting situation, prior to fabrication. Fabricator must obtain approval from the Designer or Client for placement prior to fabrication. 2. All vinyl and painted surfaces must receive a compatible anti-graffiti (and U/V) clear coat or vinyl over laminate.3. Hardware: All exposed hardware shall be tamper proof fasteners.4. Contractor must provide shop drawings for all structural components, signed and sealed by a licensed engineer in the State of the project. FDOT Drawings Technical SpecificationsSECTION 3 1 2Merje Technical Specifications_2017_v1 of 1. PROJECT EXECUTIVE SUMMARY 1. SUMMARY OF KEY SPECIFICATIONSNOTE: This summary is being provided to the Bidder as a courtesy to highlight and make them aware of specific requirements of the project. Providing this Executive Summary does not relieve the Bidder of their responsibility to read and understand the totality of the drawings, specifications ad requirements as outlined in this complete document. By submitting a bid, the bidder acknowledges they have thoroughly reviewed all Design Intent Drawings, Technical Specifications and Contract requirements and that all necessary project cost are included in their bid, including fabrication, installation, material specifications, performance requirements, prototypes, samples, coordination and warranties as outlined here within. 1.1 GENERAL CONDITIONS (see Section - 00550 for additional details) A. Use of Drawings. The DESIGN INTENT DRAWINGS, specifications and files are meant for DESIGN INTENT ONLY and are not for construction. CONTRACTOR shall verify and be responsible for all final drawings, dimensions and conditions of the job, including proper orientation of graphic layouts, panel shapes, brackets and mounting methods. (see Section 00550 - GENERAL CONDITIONS for more details) B. Shop Drawings. CONTRACTOR shall produce all necessary shop drawings, indicating all materials, processes, specifications, fabrication details, and installation methods shall be submitted to The OWNER or their representative/agent for approval prior to proceeding with fabrication and installation. C. Sign Copy and Graphic Layouts. All sign panel copy and graphic layouts, shall be proofread and approved by the OWNER prior to production. CONTRACTOR shall be responsible for replacing all signs, sign panels or other elements that did not receive an approval signature from the OWNER prior to fabrication. D. Basis for Design. The CONTRACTOR shall maintain the basis of design as presented in the provided DESIGN INTENT DRAWINGS and shall remain responsible for the development of the final means and methods necessary to build structurally sound and approved signs and the related installation of the proposed signs. E. Limits of DESIGNER. It is understood by the CONTRACTOR and the OWNER that the DESIGNER is not a licensed ENGINEER or Architect, and that responsibility for the interpretation of design intent drawings and engineering of all work performed under this contract to yield an effective, structurally sound and safe product is the responsibility of the OWNER’S CONTRACTOR and/or licensed STRUCTURAL ENGINEER F. Structural Engineering: Provide all necessary structural engineering calculations and signed and sealed drawings for proposed signs, structures (existing and new) and other elements as necessary to perform the work and provide a structurally sound and safe product. CONTRACTOR shall have all drawings signed and sealed by a registered Structural ENGINEER, licensed in the state the project is being installed. G. Traffic Control Plans. Prior to the start of the project the CONTRACTOR shall provide Traffic Control Plans and strategy based on the OWNER’S requirements. For work located in the public right-of-way the CONTRACTOR shall follow all State Department of Transportation, County or Municipal government regulations, permits and ordinances. 1.2 POST & PANEL / PYLON SIGNS (see Sections 10436 and 10437 for additional details) A. Delivery, Handling And Storage 1. Delivery and Handling. Ship and deliver post, panels and all other sign components in the appropriate protective covering and crating to fully protect all sign components and surfaces against damage. Remove all protective covering, as required per product manu-facturer instructions, in order to maintain warranties. 2. Defects. All delivered sign components shall be delivered free of any defect, including, but not limited to scratches, chips, cracking, dents, peeling, bubbling, adhesive glue / tape marks, marker writings, undesirable film coatings or other visual dis-tractions or defects. B. Warranty 1. Contractors Warranty Period: Contractor shall provide a warranty of 3 years from date of Substantial Completion, for all workmanship associated with the fabrication and installation of the sign system. 2. Product and Manufacturers Warranties. CONTRACTOR shall pass on to the OWNER and honor all associated third-party product warranties. Including but not limited to; a. Paint Warranty: Minimum 7 yearsb. Reflective Vinyl / Custom Color Warranty: Minimum 8 yrsc. Non-Reflective Vinyl Warranty: Minimum 10 years C. Paint: Use polyurenthane paints or approved equal. Clear Coat: Apply a compatible protective UV / Anti-Graffiti Clearcoat to all painted, printed, and/or vinyl surfaces. Contractor shall verify all product warranties and compatibility with applied to surfaces. D. Reflective Sheeting and Custom Color Application Process 1. 3M Certified Fabricator: Reflective Vinyl Printing shall be performed by a current accredited 3M Certified Fabricator or 3M Certified Digital Fabricator. 2. Single Vinyl Product and Manufacturer: All vinyl sheeting, inks and overlays shall maintain the same manufacturer and required specifications. Mixing products, processes or materials from different manufacturers is not permitted. 3. Use 3M 3930 High Intensity Reflective Sheeting or approved equal that meets MUTCD requirements for Community Wayfinding Signage (MUTCD Section 2D.50) 4. Imaging Custom Colors (3M). Custom colors shall be applied to high intensity prismatic sheeting by the following imaging methods describe below or approved equal; a. 3M Series 3930 Sheeting and Color Application shall be covered with 3M ElectroCut Film 1170 Clear UV/Anti-Graffiti overlaminate. Refer to Product Bulletin for 3M 1170 for fabrication procedures and specifications. b. Preferred Printer. 3M Series 3930 sheeting may be imaged by the Durst RHO 161 TS printer. c. Preferred Vendor: Sherine Industries: (604) 513-1887. 1. PROJECT INFORMATION Project Type: Community Wayfinding Project Location: Clearwater, FL Owner: Clearwater, FL Owner’s Project Mgr.: Gina Clayton Municipal Services Building, Second Floor 100 S. Myrtle Ave. Clearwater, FL 33756 Designer: MERJE 120 N. Church St, Suite 208 West Chester, PA Contract Doc. Date: May 25, 2018 ALL QUESTIONS DURING THE BIDDING PERIOD SHALL BE DIRECTED TO THE OWNER REPRESENTATIVE IN WRITING PER BIDDING PROCEDURES. BIDDERS SHALL NOT CONTACT THE DESIGNER DIRECTLY DURING THE BIDDING PERIOD. THE OWNER SHALL ISSUE A ADDENDUM FOR ANY QUESTIONS THAT MAY EFFECT THE WORK ASSOCIATED WITH THE PROJECT BID. 2. WORK AND SCHEDULEThe work consist of Fabrication and Installation of custom bridge gateway sign. Work Sequence: The sequence and timeframes shall be conducted as follows from award of contract and Notice to proceed. (* Tasks run simultaneously) Award of Contract To Be DeterminedNotice To Proceed (NTP) provided by OWNER To Be DeterminedKick-Off Meeting 1 WeekShop Drawings 3 weeks*Samples 4 weeks*Field Mark-Outs 4 weeks*Fabrication and Installation 12-16 weeks Project Substantial Completion To Be Determined 3. COST ASSOCIATED WITH THIS PROJECT BID The BIDDER shall include, but is not limited to, all of the following costs in their bid, either as a line item or within the general costs of their Lump Sum Bid. All Fabrication, Electrical and Installation Costs Prototype Signs (Fabricated and Installed) (see Bid Sheet for Sign Type) Sample Sign Components (see Bid Sheet for list) Shop Drawings, Color & Material Samples Engineering (Structural, Civil and Electrical) Traffic Control Plans Utility Clearances Permits & Fees Other Reimbursables Removal of Existing Signs Shipping & Storage Bonds Project Management + All Other Costs Taxes 2 2Merje Technical Specifications_2017_v1 of 1. E. Fabrication: Bracket And Panel Assembly Brackets / Panel Configuration. Contractor shall be responsible for confirming, coordinating and verifying all sign panels, messages, graphic layouts, panel orientation, margins, shape, brackets, panel edges, and mounting hole positions with the proposed bracket design, configuration and assembly method, as it relates to the orientation and positioning on a new or existing pole to which it is installed on. Pedestrian Sign Panels: This includes single and double-sided panels that may require a singular orientation and specific margin clearance, on either side of the panel, in order to work properly with the assembly to the bracket, pole (existing or new) and positioning of the panel in the correct direction, when placed in the field. Contractor shall be responsible for replacement of all panels that are incorrect due to the Contractor’s failure to notify the DESIGNER and OWNER prior to the commencement of any step of the panel or bracket fabrication process. F. Breakaway Post As indicated on drawings, CONTRACTOR shall provide breakaway posts assembly for the sign types and locations indicated in the documentation drawings. Final designs and shop drawings shall be supplied by the CONTRACTOR for each of the poles identified. A State Licensed Professional Structural Engineer shall sign and seal the submittal of shop drawings. The breakaway post shall meet or exceed the following criteria: 1. Most Current policy on Geometric Design of Highway and Streets 2. Most Current Standard Specification for Structural supports for Highway Signs, Luminaries and Traffic Signals 3. Most Current AASHTO Roadside Design Guide G. Existing Poles Prior to submitting a bid the CONTRACTOR shall become familiar with all existing pole types utlized on the project and include all necessary costs for coordination, different mounting methods and materials required for the project. See 10436 / Section 1.3 PERFORMANCE REQUIREMENTS and Section 3.1 (C) INSTALLATION for Structural Engineering requirements associated with existing structures, including poles. H. Installation: Underground Vaults/Basements Prior to bidding, to the greatest extent practical the CONTRACTOR shall make themselves familiar with all underground basement/vault locations that may interfere with a potential sign location footer, by obtaining plans and historical records from the OWNER. Bidders project lump sum cost shall be inclusive of all fees associated with unique footer designs that may be required as part of this work. I. Installation: Call Utilities Before Digging Prior to any digging the contractor shall contact all required utility company’s. Including, but not limited to Water, Gas, Electric, Fiber-Optics, Cable, Telephone, etc.). It is the responsibility of the Contractor to coordinate all calls, utility checks and footer production so that it will not delay the installation of the sign program. J. Installation: Concrete and Surface Replacement CONTRACTOR shall replace all surfaces with like materials. All new surfaces adjacent to and within 25’-0” sq ft of post, including the entire excavated area shall be returned to the same condition and quality, including, materials, finish and grading that was present prior to excavation. When pouring a underground footer within a area that contains a surface brick or specialty pavers, The pattern of bricks / pavers shall be removed, stored and replaced in the exact same positioning in the order they were removed. When locating a footer within a single larger pavement block adjacent to at least 2 expansion joints, the entire block of pavement shall be removed and replaced with the same materials and finish of adjacent sidewalk areas - up to 25 sq ft. (5’ - 0” x 5’ - 0”) K. Existing Poles Prior to submitting a bid the CONTRACTOR shall become familiar with all existing pole types utilized on the project and include all necessary costs for coordination, different mounting methods and materials required for the project. L. Field Surveys Prior to Beginning Work Contractors representatives will be present at all field surveys and site markings prior to installation. See Section 10436 and 10437 for CONTRACTORS staff responsibilities. M. Check / Stop / Ask (Obvious Errors) CONTRACTOR shall, when at all practical, confirm sign messages in the field prior to final installation. 1. CONTRACTOR shall notify the DESIGNER and OWNER of any obvious incorrect message, spelling, arrow direction, pictogram and any other graphic elements OR any condition in the envi-ronment (new or previously identified) that reduces the sign(s)effectiveness, visibility or creates a situation where the sign is presenting incorrect information or creates a hazard (regardless of its safety factor or simple common sense). 2. Failure to notify the OWNER and DESIGNER of any obvious error or faulty condition prior to installation will result in the CONTRACTOR replacing the sign or rectifying the condition in the environment, at no additional cost to the OWNER or DESIGNER. N. Traffic Control Develop general Maintenance and Protection of Traffic plans for vehicular and pedestrian traffic in accordance with the current MUTCD, State DOT and Municipal requirements. Details for traffic control device must conform to the standard State DOT details. The contractor shall apply for all permits required by the OWNER and municipality for the purposes of traffic control. The cost for all permits and coordination shall be included within the Lump Sum Bid Proposal; this includes but is not limited to equipment, manpower, police presence or any other devices or personnel required for traffic control. PROJECT EXECUTIVE SUMMARY O. Removal Of Existing Signs (if Requested as part of the Bid) The contractor shall remove all existing wayfinding, directional and trailblazer signs as indicated in the Comments section of the project Message Schedule. This work shall be sequenced and coordinated with the installation of the new sign program. Removal of existing signs shall be included in the CONTRACTORS, Lump Sum Project Cost. 1. CONTRACTOR shall confirm with the OWNER prior to submitting their bid, the full scope of work related to removal, including footer removal, post removal and disposal. P. Attic Stock (if Requested as part of the Bid) Contractor shall supply attic stock components of posts, sign panels, brackets and other components as requested and as outlined on the Bid Form. END OF EXECUTIVE SUMMARY 1 27Merje Technical Specifications_2017_v1 of 1. 00550 - GENERAL CONDITIONS / SIGNAGE PROJECTS NOTE: These General Conditions and Specifications are specific to signage programs. In cases where the OWNER has provided additional or duplicate General Conditions, Specifications or Requirements as part of their bidding process or contract with the CONTRACTOR, the OWNER’S requirements shall take precedent. 1. DEFINITIONS. Addendum: Written change to the bid documents issued by the OWNER before award of a contract. More than one such change is referred to as “addenda.” Affirmative Action Plan: The plan submitted by each Bidder with its Bid in the form required by the Bid Documents as to the proposed method of compliance with the affirmative action goals of the OWNER set forth in the Bid Documents. Application for Payment: CONTRACTOR’S written request for payment of amounts due for completed portions of the Work and, if the Contract so provides, for materials delivered and suitably stored on or off the OWNER’S premises pend-ing their incorporation into the Work. Each Application for Payment must be approved by the OWNER’S REPRESENTATIVE and the DESIGNER. Award: The issuance of a Contract by The OWNER Bid: A complete and properly signed written proposal of the Bidder, submitted on the Bid Proposal Form (sup-plemented by additional information as appropriate) included in the Bid Documents, to furnish, deliver and install the necessary materials and to perform the Work in accordance with the Contract Documents. Bidder: An individual, firm, partnership or corporation qualified to submit a Bid for the Contract Work. Bonds: The Bid Bond given as Bid Security, if any, the Performance Bond and Labor and Material man’s Bond, or any other bond required by the Contract Documents. Change Order: A written order to the CONTRACTOR, after the Contract is executed, authorizing a change in Contract Price, the Contract Time, or other provisions of the Contract Documents. Change Orders are not valid unless signed by the OWNER Authorized Representative. Contract The Contract Documents that form the agreement between the two OWNER and CONTRACTOR Contract Documents: May include the following: Invitation to Bid Bid Form Instructions to Bidders Agreement Design Intent Drawings Release Technical Specifications Addenda Affirmative Action Plan General Conditions Workforce Standards Labor and Material Performance Bond Contractor: The individual, firm, partnership or corporation which, as an independent CONTRACTOR, and not an employee, has entered into the Contract with The OWNER. Contract Sum: The price which the Contract states is the total amount The OWNER must pay to the CONTRACTOR as full and fair compensation for the performance of the Work required by the Contract Documents. The Contract Sum can be adjusted only by Change Order. Contract Time: Contract Time means the total time allowed for performance of the CONTRACTOR’S Work, including all time extensions authorized by Change Order. Contract Time can be adjusted only by Change Order. Days: Unless otherwise stated, any reference to days means calendar days. Design Intent Drawings: Drawings provided by Found Design, LLC. Drawings are for bidding only and not for shop use or construction/installation. Designer: Found Design LLC (d.b.a. MERJE) and their sub-consultants. Engineer: The term “ENGINEER” used throughout the Contract Documents is deemed to mean any design professional engaged by The OWNER to carry out the design and documentation of the Work. The term “ENGINEER” may refer not only to a licensed ENGINEER, but also to a architect, planner or other non-licensed design professional. Final Payment: The Application for Payment made for the last payment under the Contract, including retainage. The Final Application for Payment must be approved by the OWNER and DESIGNER before payment will be made. Liquidated Damages: A penalty paid by the CONTRACTOR to the OWNER for non-completion of work by the agreed upon project end date. Notice of Award: Written notice to the successful Bidder that The OWNER is awarding the Contract to that Bidder. Notice to Proceed: Written notice from The OWNER to the CONTRACTOR to proceed with the Work. Owner: The entity entering into the Contract with the CONTRACTOR Owner Representative: The person or organization retained by the OWNER to monitor and administer construction for the OWNER, and to facilitate communications of project participants, but not to act as the OWNER’S agent. See definition of “OWNER’S Authorized Representative.” Subcontractor: Any person, firm or corporation, other than the employees of the CONTRACTOR, who contracts with the CONTRACTOR to furnish labor or labor and materials under the Contract. Work: The construction and services required by the Contract Documents, including all labor materials, equipment and services to be provided by the CONTRACTOR to fulfill its obligations under the Contract Documents. Work Site: The area within which the CONTRACTOR is to perform the Work under the Contract, including areas obtained by or provided to the CONTRACTOR for use in connection with the Contract, when contiguous to the project limits. 2. CONTRACT INTERPRETATION. 2.1 Documents. The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all. The CONTRACTOR shall perform in accordance with the Contract Documents and with all requirements reasonably inferable from the Contract Documents as being necessary to produce the intended results. In case of conflict, the most expensive combination of quality and quantity shall govern. 2.2 Reference. Material and workman¬ship specified by the number, symbol, or title of a referenced standard shall comply with the latest edition or revision thereof and amendments and supplements thereto in effect on the date of the Invitation to Bid except where a particular issue is indicated. Municipal and utility standards shall govern except in case of conflict with the Specifications. In case of a conflict between the Specifications and the referenced standard, the more stringent provision shall govern. 2.3 Ambiguities in Contract. The CONTRACTOR shall refer any perceived ambiguity, inconsistency, or discrepancy in the Contract Documents to The OWNER for clarification. Absent such clarification, the more stringent requirement in any case shall apply. 2.4 Differences Between. The most recent revision of Drawings shall control over older revisions. In the event of discrepancy between any drawing and the figure written thereon, the figures shall govern over scaled dimensions. 2.5 Omissions and Mis-Descriptions. Before submitting its Bid to The OWNER, thereafter, the CONTRACTOR shall carefully study and compare all Drawings, Specifications and other Contract Documents; shall verify all figures on the Drawings before laying out the Work. The Bidder (and the CONTRACTOR) shall promptly notify The OWNER of all errors, inconsistencies, or omissions it may discover, and obtain specific instructions in writing before proceeding with the Work. The CONTRACTOR shall be liable to The OWNER for all costs and damages resulting from errors in construction which could have been avoided by such examination and notification, and shall correct at its own expense and without extension of Contract Time, all work improperly constructed through failure to notify the DESIGNER and request specific instructions. Omission from the Drawings or Specifications or the mis-description of details of Work which are manifestly necessary to carry out the intent of the Drawings and Specifications, or which are customarily performed, shall not relieve the CONTRACTOR from performing such omitted or mis-described Work (no matter how extensive) and it shall be performed as if fully and correctly set forth and described in the Drawings and Specifications at no additional expense or delay to The OWNER. 2.6 Verification of Dimensions and Existing Work. Before commencing work, The CONTRACTOR shall take field measurements and verify field conditions and shall carefully compare such field measurements and 2 27Merje Technical Specifications_2017_v1 of 1. 00550 - GENERAL CONDITIONS conditions and other information known to the CONTRACTOR with the Contract Documents. Errors, inconsistencies or omissions discovered shall be reported to the DESIGNER and the OWNER REPRESENTATIVE at once. 2.7 Familiarity with Site. By submitting a Bid, the contractor is confirming they are familiar with all site conditions and project requirements related to the fabrication, installation, coordination and permitting associated with this project. 2.8 Duty to Notify of Defects in Other Work. If any part of the CONTRACTOR’S Work depends upon the work of another CONTRACTOR or on existing conditions or structures in the building, the CONTRACTOR shall, before beginning that portion of the Work, report to the DESIGNER and OWNER’S Representative any defects or deficiencies in the work upon which its Work depends that might affect the CONTRACTOR’S Work. If the CONTRACTOR proceeds with the Work, without giving any such notice, the CONTRACTOR shall be deemed to have accepted the work of the other CONTRACTOR or the existing conditions as being adequate for its purposes, and shall not be entitled to an increase in Contract Price or Contract Time for correcting any resulting defects or deficiencies in its Work. 2.9 CONTRACTOR’S Responsibilities For Execution of the Work. A. Compliance with Contract Documents. The CONTRACTOR shall perform the Work in strict accordance with the Contract Documents. The CONTRACTOR shall not depart from the scope of the Work as defined in the Contract Documents without written authorization from The OWNER. The CONTRACTOR shall not be relieved of responsibility for deviations from the Contract Documents by the DESIGNER’S approval of shop drawings or other submittals. B. Standard of Quality. The CONTRACTOR shall perform all Work in accordance in accordance with first-class construction practices, in a good and workmanlike manner, and free from defects. The CONTRACTOR shall use in the Work only materials that are new, previously unused, of first-class quality and free from manufacturing or other defect or deficiency. C. Compliance with Laws, Codes and Regulations. The CONTRACTOR shall, at all times, comply strictly with all applicable codes, regulations, statutes, laws, ordinances, regulations or rules of any governmental authority having jurisdiction over the Work or the location within which the Work takes place (collectively, “Laws”) and shall obtain all approvals necessary in connection with the Work. Without limitation, the CONTRACTOR shall comply with all Laws applicable to building construction, use or occupancy, payment of SUBCONTRACTORS and material men, payment of employee wages or related taxes, health and safety Laws, environmental Laws, and applicable rules of the National Board of Fire Underwriters or any other body now or hereafter constituted to exercise similar functions. 2.10 TAXES. Except as otherwise provided in the Contract Documents, the CONTRACTOR shall pay all applicable taxes arising from or relating to the Work, at no further cost to The OWNER. 2.11 DEFECTIVE WORK OR MATERIALS A. Workmanship or materials not conforming to the requirements of the Contract Documents are hereby deemed to be rejected, whether in place or not, and regardless of whether such materials have been expressly rejected by the DESIGNER. Rejected materials or Work shall be immediately removed from the Work Site, and promptly replaced at the CONTRACTOR’S sole expense, and without any extension of Contract Time. B. If The OWNER issues a written direction to the CONTRACTOR to correct non-conforming or defective Work, and the CONTRACTOR does not comply with the direction within seven (7) days, The OWNER may, without further notice to the CONTRACTOR correct the deficiencies itself or through others and charge the cost of doing so to the CONTRACTOR (or deduct it from further payments to the CONTRACTOR). This remedy is without prejudice to any other remedy The OWNER may have under the Contract Documents or at law. C. If the CONTRACTOR fails promptly to correct Work that is not in accordance with the Contract Documents, The OWNER has the right to order the CONTRACTOR to stop the Work or portions of the Work until the non-conforming Work has been corrected. The CONTRACTOR shall not be entitled to an increase in Contract Price or an extension of Contract Time as a result of any such stop work order. Any delay caused to completion of the Work by such an order shall treated as a delay caused by the CONTRACTOR’S breach. The OWNER shall have no duty to stop the Work for the reasons stated in this Subparagraph. D. The CONTRACTOR shall pay (or The OWNER may deduct from further payment to the CONTRACTOR) any extra costs The OWNER incurs as a result of additional work the DESIGNER or OWNER’S Representative must do to evaluate, correct, or otherwise deal with non-conforming Work by the CONTRACTOR. 2.12 Required Tests and Inspections A. The Work may be subject to inspection and testing by The OWNER REPRESENTATIVE and the DESIGNER at reasonable times. Such inspection and testing is for the sole benefit of The OWNER and shall not relieve the CONTRACTOR of responsibility for performing the Work in strict compliance with the Contract Documents. Except as specifically provided to the contrary in the Contract Documents, no testing or inspection shall be construed as constituting or implying acceptance. B. Any Work done without proper inspection or testing as required by the Contract Documents is subject to rejection. If any Work should be covered up before the required inspection or testing and approval, it must be uncovered, at the CONTRACTOR’S sole expense and without extension of the Contract Time, to allow the inspection and testing, and promptly restored thereafter. C. The CONTRACTOR shall be responsible for having performed all tests or inspections required by applicable laws as a condition of obtaining required certificates or permits or otherwise. The CONTRACTOR shall also obtain, from an electrical underwriter, in form and substance reasonably satisfactory to the OWNER, certifying that all electrical work pursuant to the Contract has been completed in accordance with current electrical underwriting. 2.13 Means and Methods. The CONTRACTOR is solely responsible for the means and methods of construction, use of appropriate materials and process, and the safe performance of the Work. The CONTRACTOR shall employ only competent, skilled, reliable and honest workers for the Work, who will work in harmony with other workers on the Work Site. The OWNER may require the CONTRACTOR to remove from the Work Site any employee whom it determines to be intemperate, incompetent, a threat to the safety of persons or property, or who fails to perform the Work in a manner acceptable to The OWNER. The CONTRACTOR shall promptly comply with any such direction and shall not thereafter employ the removed employee for the Work. 2.14 Unauthorized Work. Any work which is not in accordance with the Contract Documents is unauthorized. Any work the CONTRACTOR performs which is beyond that required or authorized by the Contract Documents shall be likewise considered unauthorized and The OWNER shall not be obligated to pay for it, under the Contract, or under a theory of quantum merit, unjust enrichment or otherwise. The OWNER may, but need not, order that any unauthorized Work be removed from the Work Site at the CONTRACTOR’S sole expense and without extension of the Contract Time. 2.15 Storage of Materials. Materials delivered to the Work Site for use in the Work may be stored only in areas designated by The OWNER. 2.16 Equipment and Services. Unless provided to the contrary elsewhere in the Contract Documents, the CONTRACTOR shall provide all temporary services required to complete its Work, all tools, scaffolding, hoists, cranes or other equipment and incidental materials needed for the completion of the Work. If weather protection (including heating) or additional ventilation is required to protect workers, the Work, or the boundaries within which Work is taking place, the CONTRACTOR shall provide it. 2.17 SUBCONTRACTOR Warranties. All warranties and guarantees of SUBCONTRACTORS, including suppliers and manufacturers, with respect to any portion of the Work shall be obtained by the CONTRACTOR for the benefit of and in the name of The OWNER and, to the extent possible, shall be directly enforceable by The OWNER If such warranties are not directly enforceable by The OWNER the CONTRACTOR shall fully cooperate with The OWNER in enforcing the warranties. The CONTRACTOR shall use its best efforts to obtain from all manufacturers and suppliers guarantees and warranties upon the best terms and longest periods available. The CONTRACTOR shall cause its SUBCONTRACTORS to include in their subcontracts and purchase orders the requirement that all guarantees and warranties be obtained in the name of The OWNER. The CONTRACTOR shall be jointly and severally liable for any such warranties or guarantees. To the extent that any such warranty or guaranty would be voided by reason of the CONTRACTOR’S negligence or breach in incorporating material or equipment into the Work, the CONTRACTOR shall be responsible for correcting such defect and shall be responsible pursuant to the guarantee obligations set forth herein. 2.18 Hazardous Materials. A. The CONTRACTOR shall not bring onto the Work Site or use in the Work any hazardous or toxic materials, such as asbestos, asbestos products, or polychlorinated biphenyl. If the CONTRACTOR discovers that any materials or processes specified in the Contract Documents would require use of such hazardous or toxic materials, it shall inform the DESIGNER and The OWNER REPRESENTATIVE immediately. B. If the CONTRACTOR encounters materials on the Work Site which the CONTRACTOR believes to be toxic or hazardous, which have not been placed on the Work Site by the CONTRACTOR, which have not been rendered harmless, and for which no express provision has been previously made in the Contract Documents, the CONTRACTOR shall stop work in the affected area and immediately report the condition to the Project Manager and DESIGNER. Work in the affected area shall be resumed when the condition is identified as not toxic or hazardous, or when the condition has been re-mediated by The OWNER C. The CONTRACTOR shall not spill or release oil, solvents, or other chemical substances onto the Work Site. If such releases do occur, the CONTRACTOR shall promptly report them to The OWNER REPRESENTATIVE, and shall be responsible for removing and cleaning up the spilled or released substances in a legally proper 3 27Merje Technical Specifications_2017_v1 of 1. 00550 - GENERAL CONDITIONS manner, at the CONTRACTOR’S own cost, and for paying any costs The OWNER incurs as a result of the spill or release. This responsibility shall exist whether or not the CONTRACTOR has been negligent. 2.19 CLEAN-UP. The CONTRACTOR shall keep the Work and the entire Work Sites safe, clean, and reasonably free from trash or debris at all times. The CONTRACTOR shall arrange for prompt removal and legal disposal of all rubbish, packing materials, scrap, rubble, and other waste material from the Work Sites. Flammable materials and chemicals or other hazardous substances will be removed from the Work Sites at the end of each day, or when they are no longer needed at the Work Sites, whichever comes first. As soon as practicable after Final Completion, the CONTRACTOR shall remove all of its project offices, equipment, tools, temporary fences, barriers, scaffolding, and other material from the Work Sites, and leave the Work Sites broom clean and free of all construction-related debris or trash. 2.20 RECORD DRAWINGS. The CONTRACTOR and each SUBCONTRACTOR shall keep on file at the Work Site one complete copy of the Drawings and Specifications, in good order and marked currently to record all changes, revisions and additions made during the construction, whether pursuant to field order or otherwise, and the location and detail of Work installed on a field run basis, as well as a complete set of approved shop drawings and Change Orders (“collectively, the Record Drawings”). The Record Drawings shall be made available for review by The OWNER and DESIGNER at all times. One (1) complete set of the Record Drawings shall be delivered to The OWNER after Final Completion of the Work, and as a condition precedent to Final Payment. 2.21 USE OF PREMISES A. General: The general locations of the signs and the layout of the overall project area are shown on the Sign Location Plans. The CONTRACTOR shall perform the work, either exclusively or in conjunction with others performing construction as part of this project or other projects and shall coordinate all staging and work activity areas necessary to complete the tasks associated with this work. B. Access to sign locations may be limited; CONTRACTOR shall obtain the OWNER’S approval of proposed routes of access sequencing and safety requirements. CONTRACTOR shall also coordinate with necessary OWNER representatives, departments and local /state authorities to ensure access is permitted and safe. C. Make other arrangements for storage, unless coordinated with the OWNER and their departments representatives. 2.22 WORK UNDER OTHER CONTRACTS A. Separate Contract: Owner may have a separate contract for performance of certain construction operations at Project site. All work related or unrelated to this project, shall be coordinated by the CONTRACTOR as required to complete this project. B. Cooperate fully with separate contractors so work on those contracts may be carried out smoothly, without interfering with or delaying work under this Contract. 2.23 REGULATIONS. CONTRACTOR shall be familiar with and utilize materials and process, so that the signs meet all requirements of the 2009 Edition of the MUTCD and all subsequent revisions (May 2012), the 2010 ADA Standards for Accessible Design and all other required Federal, State and Local codes related to the fabrication and installation of this project, inclusive of industry standards, specific project requirements and all site conditions. 2.24 PRE-CONSTRUCTION MEETING A. A pre-construction meeting will be held at a time and place designated by the Owner and Administrator for the purpose of clarification of the project and for the purpose of identifying responsibilities of the Owner, Administrator and the Contractors personnel and explanation of administrative procedures. B. The Contractor shall also use this meeting for the following: 1. Agenda: Construction Schedule, Safety, Security, Cleaning up, Subcontractor procedures relating to; Submittals, Change Orders, Applications for Payment and Record documents. 2. Attendees: Representatives from the following shall be pres- ent; OWNER and DESIGNER. Others who may attend, State Agency, Public Works and OWNERS’ Engineer. 2.25 SECURITY PROCEDURES A. CONTRACTOR shall provide secure storage for all materials on site and within the contractors premises, to protect all work, project products and related components from loss or damage. B. CONTRACTOR shall secure completed work as required to prevent loss or damage. 2.26 COORDINATION A. If necessary, inform each party involved, in writing, of procedures required for coordination; include requirements for giving notice, submitting reports and attending meetings. B. Prepare coordination drawings where limited space available may cause conflicts in the locations of installed products, and when required to coordinate installation of products. 1. Where space is limited, show plan and cross section dimensions of space available, including structural obstructions. 2. Coordinate shop drawings prepared by separate entities. 3. Show installation sequence when necessary. 3. DESIGN INTENT DRAWINGS and SHOP DRAWINGS 3.1 Drawings Provided By DESIGNER. The DESIGNER shall provide Adobe Illustrator files / DESIGN INTENT DRAWINGS associated with the PROJECT as a courtesy to the CONTRACTOR. 3.2 Use of Drawings. The DESIGN INTENT DRAWINGS, specifications and files are meant for DESIGN INTENT ONLY and are not for construction. CONTRACTOR shall verify and be responsible for all final drawings, dimensions and conditions of the job, including proper orientation of graphic layouts, panel shapes, brackets and mounting methods. 3.3 Shop Drawings. CONTRACTOR shall produce all necessary shop drawings, indicating all materials, processes, specifications, fabrication details, and installation methods shall be submitted to The OWNER or their representative/agent for approval prior to proceeding with fabrication and installation. 3.4 Review & Approval: Review and approval of the shop drawings by the OWNER and/or DESIGNER is for adherence to design intent only and shall not be construed or assumed as a acceptance of fabrication/installation reliability or structural integrity. 3.5 Sign Copy and Graphic Layouts. All sign panel copy and graphic layouts, shall be proofread and approved by the OWNER prior to production. CONTRACTOR shall be responsible for replacing all signs, sign panels or other elements that did not receive an approval signature from the OWNER prior to fabrication. 3.6 Basis for Design. The CONTRACTOR shall maintain the basis of design as presented in the provided DESIGN INTENT DRAWINGS and shall remain responsible for the development of the final means and methods necessary to build structurally sound and approved signs and the related installation of the proposed signs. 3.7 Limits of DESIGNER. It is understood by the CONTRACTOR and the OWNER that the DESIGNER is not a licensed ENGINEER or Architect, and that responsibility for the interpretation of design intent drawings and engineering of all work performed under this contract to yield an effective, structurally sound and safe product is the responsibility of the OWNER’S CONTRACTOR and/or licensed STRUCTURAL ENGINEER 3.8 Structural Engineering. CONTRACTOR shall have all drawings signed and sealed by a registered Structural ENGINEER, licensed in the state the project is being installed. 3.9 Ownership. Ownership of all designs, drawings and files remain with the OWNER and the DESIGNER as outlined in their base agreement and shall not be used by the CONTRACTOR on any other project. 4. SUBMITTALS 4.1 Requirement of Prompt Submittal. The CONTRACTOR shall submit to the DESIGNER for review shop drawings, product data, samples and similar submittals required by the Contract Documents with reasonable promptness and in such sequence as to cause no delay in the Work, The OWNER activities or the work of separate CONTRACTORS. 4.2 Work to Conform with Submittals. The CONTRACTOR shall perform no Work requiring submittal and review of shop drawings or other submittals until the submittals have been approved by the OWNER, DESIGNER and/or ENGINEER as required. Work shall be performed in accordance with approved submittals. 4.3 CONTRACTOR’S Representation. By submitting shop drawings or other submittals, the CONTRACTOR represents that it has determined and verified all materials, processes, products, means / methods, field measurements and field construction criteria related thereto, and has checked and coordinated the information contained in the submittals with the requirements of the Work and the Contract Documents, including all Warranties and Engineering requirements. 5. CHANGES/CHANGE ORDERS. 5.1 Right to Make Changes. The OWNER may, without invalidating the Contract, and without prior notice to the surety, order changes in the Work, including additions, deletions or modifications. Any such change may be made ONLY by written Change Order executed by The OWNER‘S Authorized Representative. Neither the Contract Time nor Contract Sum may be changed except by such a Change Order. The DESIGNER is NOT authorized to execute Change Orders or to bind The OWNER to any change to the Contract Documents. 5.2 Entitlement to Contract Adjustment. The CONTRACTOR is entitled to an adjustment to the Contract Time or the Contract Price if it has complied with the notice and documentation provisions of this Article and if: A. the OWNER issues any directive which changes the work so that the cost of performing the Work or the time within which the Work can be completed is materially affected; B. the site or as-built conditions differ materially from those which the CONTRACTOR knew, or which it should have discovered as a result of its pre-construction site and document investigation, and the difference will materially increase the cost or time of performance; 4 27Merje Technical Specifications_2017_v1 of 1. 00550 - GENERAL CONDITIONS C. there is any material error, omission or inconsistency in the plans and specifications which the CONTRACTOR did not discover and could not reasonably have discovered in carrying out its obligations under Paragraphs 2.3, 2.6 and 2.7, and which materially increases the cost or time or performance; D. the CONTRACTOR’S performance is delayed, because of any event which was not anticipated when the Contract was executed, which is beyond the reasonable control of the CONTRACTOR, and which is not otherwise limited by the Contract Documents. The OWNER is likewise entitled to deductive Change Orders when changes are made that will decrease the cost of completing the Work. 5.3 Notice of Change. The CONTRACTOR shall notify the OWNER REPRESENTATIVE and DESIGNER, in writing, within three (3) days of receiving a directive, or discovering any condition, which it believes will materially affect the cost of completing the Work or the time within which the Work can be completed. The CONTRACTOR shall submit a written request for Change Order within seven (7) days of its written notice of change. The request shall set out, in reasonable detail, the reasons for the requested adjustments, and shall state the number of additional days sought and/or the amount of any increase in compensation sought. The OWNER REPRESENTATIVE may request, and the CONTRACTOR shall provide, further cost breakdowns, clarifications, documentation or back up if The OWNER reasonably believes that such additional information is needed to understand and evaluate the request. 5.4 Change Orders. After receiving a request for Change Order, The OWNER will promptly render a decision as to whether it agrees that the CONTRACTOR is entitled to adjustments in Contract Time, Contract Price or both. If the CONTRACTOR has provided unit prices in submitting its bid, and the OWNER has accepted such unit prices, then all adjustments in Contract Price with respect to the change by the stated unit price. In all other cases, The OWNER and the CONTRACTOR will agree upon the appropriate adjustments and the resulting agreement shall be set forth in a written Change Order and signed by both The OWNER and the CONTRACTOR. The CONTRACTOR’S execution of a Change Order will be its representation and agreement that the Change Order constitutes its full and final adjustment for all costs, schedule impacts, or other consequences arising from the change in question, and that no further adjustments in Contract Time or Contract Price will be sought or due with respect to the change. 5.5 Delay or Disruption. The CONTRACTOR shall be entitled to recover damages for delay or disruption ONLY if the delay or disruption was caused solely by the action or inaction of The OWNER or its representatives, and the CONTRACTOR establishes that, but for the delay, it would have been able to complete its work on time. Damages for delay shall exclude all costs attributed to home office costs or overheads, whether calculated by the Eichleay formula or otherwise, and all costs attributed to lost profits, opportunity costs, other business forgone, or similar costs. Such costs shall not be recoverable, regardless of the cause of the delay or disruption.. 5.6 Duty to Continue Work. If the CONTRACTOR and The OWNER do not agree that any adjustment sought by the CONTRACTOR is justified, or if the parties fail to agree upon the appropriate amount of the adjustment in Contract Time or Contract Price, the CONTRACTOR shall nevertheless proceed with the Work, and shall promptly make a written claim. 5.7 Waiver of Right to Adjustment. If the CONTRACTOR fails to notify The OWNER in accordance with Paragraph 5.3, of any action or event which it claims materially affects the cost of completing the Work or the time within which it can be completed, the CONTRACTOR shall be deemed to have waived its right to any adjustment in the Contract Price or Contract Time as a result of the action or event in question. In such a case, the CONTRACTOR shall also be deemed to have waived any claim additional time or compensation under theories of quantum merit or unjust enrichment or negligence. 6. SUBCONTRACTORS. 6.1 CONTRACTOR Responsible for SUBCONTRACTOR Work. The CONTRACTOR may retain SUBCONTRACTORS to perform portions of the Work. However, the CONTRACTOR shall be fully responsible for Work performed by SUBCONTRACTORS, as if it had been performed by the CONTRACTOR itself. 6.2 Contract Requirements Apply. All SUBCONTRACTORS must agree that they have the same duties and obligations to the CONTRACTOR as the CONTRACTOR has to The OWNER under this Contract. 6.3 No Third-Party Rights. The SUBCONTRACTORS shall have no rights against The OWNER, either under a third-party beneficiary theory or otherwise. 6.4 Insurance. The CONTRACTOR shall require all SUBCONTRACTORS to obtain and maintain throughout the duration of the Work, insurance of the types and limits stated in paragraph 11 of the General Conditions. No SUBCONTRACTOR will be permitted to perform any Work until the CONTRACTOR has provided The OWNER, and any additional insured’s, with evidence that the SUBCONTRACTOR has obtained the required insurance. 7. PROJECT SECURITY AND SAFETY REQUIREMENTS. 7.1 Continued Occupancy of OWNER. The CONTRACTOR shall be responsible for the protection and security of those portions of the Work Site that have been turned over to it for construction and for the protection and security of all materials, supplies and construction equipment, whether on or off the Work Site. The CONTRACTOR acknowledges that the Work Site, or areas of the building within which the Work is being done, may be occupied by The OWNER or other members of the public during the course of the Work, and agrees to take all reasonable security measures to protect the people and property on the Work Site from injury and damage, and to exclude from areas under construction persons who are not authorized to be in those areas. The CONTRACTOR shall comply with The OWNER ‘s directions concerning areas within which it must confine its activities so as to avoid injury to persons and interference with operations. 7.2 Safety. The CONTRACTOR shall provide and maintain all safety devices or measures required by any applicable laws, regulations, ordinances, or rules, by The OWNER ‘s insurers, or reasonably required by Project conditions, for the protection of the health and safety of all persons who may come onto the Work Site, and for the protection of property from damage due to the Work. The CONTRACTOR shall promulgate and enforce safety regulations for its workers and SUBCONTRACTORS. Among other things, the CONTRACTOR shall A. Comply with all applicable laws, regulations, ordinances, rules, regulations or orders of any public authority (federal, state or local) as they relate to the health or safety of persons or protection of property, B. Submit to The OWNER, before performing any work on the Work Site, a written safety program in full compliance with the requirements of this Article and which is consistent with applicable federal, state, and local laws, regulations, rules, regulations or orders, and C. Implement all practices, procedures and programs customarily implemented by construction CONTRACTORS for projects of a similar nature. 7.3 Traffic Control Plans. Prior to the start of the project the CONTRACTOR shall provide Traffic Control Plans and strategy based on the OWNER’S requirements. For work located in the public right-of-way the CONTRACTOR shall follow all State Department of Transportation, County or Municipal government regulations, permits and ordinances. A. On a weekly basis, the CONTRACTOR shall inform the OWNER and the DESIGNER of their anticipated installation and the quantity of flag-persons being utilized. B. Traffic persons usage will be based on the right-of-way owner requirements. Traffic persons may consist of Municipal Officers, or Uniformed Flagger who have completed required training. C. Basis of Payment shall be based on OWNER requirements as outlined in their Contract Agreement with the CONTRACTOR. 7.4 Damage to Site on Which Work Is Carried Out. The CONTRACTOR shall be liable to The OWNER for any damage it causes to the Work or to the site or buildings in which the Work is being carried out. Until Final Completion, the CONTRACTOR shall protect all of its Work and shall not damage the work of other CONTRACTORS or the property of The OWNER. The CONTRACTOR shall pay for any such damage, and The OWNER may withhold from further payments to the CONTRACTOR amounts reasonably attributable to any damage to the Work or to other property. 7.5 RESPONSIBILITY FOR MATERIALS AND WORK A. The CONTRACTOR shall remain solely responsible for materials delivered and Work performed until Final Completion of the Work, except those materials and Work that may have been accepted pursuant to Subparagraph 7.4.3 of the General Conditions. The CONTRACTOR remains responsible for punch list Work until it is approved and accepted by The OWNER. The CONTRACTOR shall bear the risk of loss for any damage, however caused, to the Work or to tools, materials and equipment, until Final Completion of the Work or acceptance of Work. B. The CONTRACTOR shall, at its own cost, promptly rebuild, repair or restore Work that has been destroyed or damaged before Final Completion. C. The OWNER may, by written notice and at its own sole discretion, relieve the CONTRACTOR of the duty to maintain and protect certain portions of the Work, and of the risk of loss with respect to that Work. Any such notice shall not act to discharge the CONTRACTOR’S obligation to repair or replace defective Work or Work that does not conform with the Contract Documents. Any such notice shall not operate to relieve the CONTRACTOR or it obligation safety obligations or its responsibility, under any provision of the Contract Documents, for death, personal injury, or property damage, or from the CONTRACTOR’S indemnity obligations. 8. DUTY TO COORDINATE WITH OTHER CONTRACTORS ON SITE 8.1 Duty Not To Interfere. The CONTRACTOR shall not unreason¬ably impede, hinder or delay the work on any other CONTRACTOR which The OWNER or others may have performing work on the Work Site. The CONTRACTOR shall cooperate with any CONTRACTOR who will be performing work that may connect, complement, interfere with or otherwise be dependent upon the CONTRACTOR’S Work, and shall resolve any disputes or problems with such other CONTRACTOR. If 5 27Merje Technical Specifications_2017_v1 of 1. 00550 - GENERAL CONDITIONS amicable resolution is not promptly reached, the CONTRACTOR shall notify the OWNER REPRESENTATIVE and shall thereafter follow the OWNER REPRESENTATIVE’S directions for resolving the issues. All CONTRACTORS responsible for Work defined in individual sections of the Project shall be responsible, jointly and severally, for coordinating their various sections of work as to scheduling, installation procedures and installation of related materials. 8.2 Scheduling. If The OWNER requests, the CONTRACTOR shall include provision in the CONTRACTOR’S schedule for the work of other CONTRACTORS. 8.3 Damages Caused by Other CONTRACTORS. If any other CONTRACTOR performing work on the Work Site at the same time as CONTRACTOR should hinder, delay or damage the CONTRACTOR’S Work, or should otherwise cause loss or injury to the CONTRACTOR, the CONTRACTOR agrees that it will look solely to such CONTRACTOR for relief. Neither The OWNER nor its representatives shall be responsible for any such hindrance, delay, damage, loss or injury, and the CONTRACTOR will, in no event, attempt to hold The OWNER or it’s representatives liable for resulting costs or damages. Similarly, the CONTRACTOR agrees that it will be directly responsible to any other CONTRACTOR performing work on the Work Site for any loss, injury, damage or delay, including acceleration costs, incurred as a result of delay, interference, or damage to Work caused by the CONTRACTOR. The CONTRACTOR and its Performance Bond surety shall indemnify and hold harmless The OWNER and project DESIGNER from and against any claim brought against any of them by another CONTRACTOR for the damages covered by this Paragraph, including costs, expenses and attorneys’ fees incurred as a result of the CONTRACTOR’S alleged acts or omissions. 9. PAYMENT 9.1 Schedule of Values. Within five (5) days after executing the Contract, the CONTRACTOR shall submit to The OWNER a Schedule of Values allocated to various portions of the Work. The schedule, when approved, shall be used as a basis for reviewing the CONTRACTOR’S Applications for Payment. 9.2 Progress Payments. The OWNER shall make payments to the CONTRACTOR for Work performed in accordance with the Contract Documents, and for which the CONTRACTOR has sought payments via properly completed, documented and approved Applications for Payment. At least ten (10) days before the date established for each progress payment, the CONTRACTOR shall submit to the OWNER REPRESENTATIVE an itemized Application for Payment which conforms to the following requirements: A. The Application for Payment may be typed on the American Institute of DESIGNERS Document AIA G702, Application and Certificate for Payment, and include AIA G703, with the continuation sheet included. B. The CONTRACTOR’S submission of an Application for Payment shall constitute its representation that the services and materials described in the application and for which payment is sought have been provided to The OWNER and that the application and all supporting invoices and other documentation are true and accurate in all respects. 9.3 SUBSTANTIATING DATA FOR PROGRESS PAYMENTS A. When The OWNER or it’s representatives require additional data to substantiate a payment application, the CONTRACTOR shall submit the information with a numbered cover letter, identifying: 1. Project name and number. 2. Payment application number and date. 3. Detailed list of enclosures. 4. The item number, identification and a description, /or stored material on-site (if the OWNER has expressly agreed to pay for stored material(s). 9.4 Timing of Payment. Progress payments will be made by the OWNER within thirty (30) calendar days or in accordance with the timeframes outlined in their agreement with the CONTRACTOR, after presentation by the CONTRACTOR of a properly submitted and approved invoice. 9.5 Passage of Title. Material, equipment, hardware and work covered by progress payments or final payment shall become the sole property of The OWNER, no matter where located. This provision shall not be construed as relieving the CONTRACTOR from the responsibility for the fulfillment of the terms of the Contract. 9.6 Substantial Completion. The project is considered substantially complete when a minimum of 90% of the project units have been fabricated and installed and the sign program and its components and associated project sites meet all safety, code and operational requirements. 9.7 Final Completion / Final Payment. After the CONTRACTOR has completed the Work, including completion of any punchlist corrections and acceptance testing, and the DESIGNER so certifies, The OWNER will accept the Work. This will constitute Final Completion of the Work. The CONTRACTOR shall submit its Final Application for Payment within ten (10) days of Final Completion. The Final Application for Payment must conform in form and substance to the requirements for applications for progress payment and must include satisfactory evidence that all SUBCONTRACTORS and suppliers have been paid all amounts due to them for labor or materials provided for the Work and must include a written certification from the CONTRACTORS that all of the Work has been completed in accordance with the Contract and applicable laws. 9.8 The OWNER’S Right to Withhold Payments. The OWNER may withhold payment for any Work claimed to have been performed by the CONTRACTOR if the Application for Payment states, or The OWNER reasonably determines that: A. any Work for which payment is sought is defective or non-conforming and such defects or non-conformance have not been remedied; or B. the CONTRACTOR has not promptly paid all amounts due to laborers, materialmen and SUBCONTRACTORS; or C. any of the CONTRACTOR’S laborers, Subcontractors or materialmen has filed a mechanic’s lien against the Project, and the CONTRACTOR has not caused such lien to be discharged; or D. The OWNER reasonably determines that the CONTRACTOR will be unable to complete the Work for the balance of the Contract Sum and the CONTRACTOR fails to provide reasonable assurances that it has the financial resources to complete the Work; or E. the CONTRACTOR is otherwise in default under its Contract. 9.9 Liquidated Damages. The OWNER shall charge a liquidated damages penalty against the CONTRACTOR for work not completed within the 90% substantial completion timeframe and/or the agreed upon final project deadline. A. The amount of the liquidated damages penalty shall be according to the OWNER / CONTRACTOR Contract. If the OWNER’S Contract language is silent on liquidated damages or the amount of the penalty, the penalty shall be based on the following values; Total Contract $1 - $499,999 Penalty $ 500 per day Total Contract: $500,000 - $749,999 Penalty $ 750 per day Total Contract: $750,000 - $999,999 Penalty $ 1,000 per day Total Contract: 1,000,000 or more Penalty $ 1,500 per day 10. PREVAILING WAGE REQUIREMENTS. 10.1 Applicable Law. The CONTRACTOR shall confirm with the OWNER if this Contract is subject to the provisions, duties, obligations, remedies and penalties of the Prevailing Wage Act, which is incorporated herein as a reference when required. 10.2 Wage Predetermination. In compliance with the Prevailing Wage Act, the Prevailing Minimum Wage Predetermination may be included in the Contracts General Requirements provided by the OWNER, and is a part hereof, as approved by the Secretary of Labor and Industry. 10.3 No Strike; No Lockout. By executing the Contract, CONTRACTOR warrants and represents that the collective bargaining agreements between the CONTRACTOR and any union, which will perform under the Contract, include a no-strike, no-lockout clause. 11. INSURANCE. 11.1 OWNER Insurance Requirements. CONTRACTOR shall furnish evidence to the OWNER that with respect to the operations he performs, he/she carries a comprehensive general liability insurance policy (including, but not limited to, blanket contractual liability, completed operations/products liability, CONTRACTOR’S protective liability, and explosion, collapse and underground hazard coverage) providing a limit of not less than two million dollars ($2,000,000) for all damages arising out of bodily injury or death in any one (1) occurrence, and providing for a limit of not less than two million dollars ($2,000,000) for damages to or destruction of property, including the loss of the use thereof, in any one occurrence; two million dollars ($2,000,000) aggregate limit shall apply to bodily injury, personal injury and death, and to property damage. CONTRACTOR shall also furnish evidence to The OWNER that with respect to the operations he performs, he carries an Umbrella Liability Policy with a limit of two million dollars ($2,000,000) with a self-insured retention limit or deductible not to exceed ten thousand dollars ($10,000). All policies of insurance, including Umbrella Coverage, must be endorsed to include as additional named insured each of the following: • The OWNER • State Department of Transportation • DESIGNER 12. INDEMNIFICATION. 12.1 Indemnity. To the full extent permitted by law, the CONTRACTOR shall indemnify, defend and hold harmless The OWNER, its Representatives, Agents, DESIGNERS and the State Department of Transportation from and against any and all losses, costs (including litigation costs and counsel fees), claims, suits, actions, damages, liability and expenses, including, but not limited to, those in connection with loss of life, bodily and personal injury or damage to property occasioned wholly or in part by the CONTRACTOR’S breach or other act or omission or the act or omission of the CONTRACTOR’S agents, SUBCONTRACTORS, employees, or servants pursuant to this Contract. This indemnity shall apply whether or 6 27Merje Technical Specifications_2017_v1 of 1. 00550 - GENERAL CONDITIONS not the CONTRACTOR or party for whom it is responsible was negligent, and whether or not The OWNER, its Representative and the State Department of Transportation, or any of their respective members, officers, employees, agents, DESIGNERS, consultants and representatives were negligent. 12.2 Survival and Non-Exclusivity of Indemnity. This indemnity shall survive termination of the Contract, Final Acceptance of the Work and final payment under the Contract. This indemnity is in addition to any other rights or remedies which The OWNER, its Representative, and the State Department of Transportation, and its representatives may have under the law or under the Contract. In the event of any claim or demand made against any party which is entitled to be indemnified here under, The OWNER may in its sole discretion reserve, retain or apply any monies due to the CONTRACTOR under the Contract for the purpose of resolving such claims. 12.3 DESIGNERS Limits of Liability. The liability of the DESIGNER shall be limited to the total fee paid to the DESIGNER by the OWNER. 13. BONDS. 13.1 Time Due and Form. Within five (5) days after The OWNER gives Notice of Award of the Contract to the CONTRACTOR, and prior to or concurrently with execution of the Contract, the CONTRACTOR shall provide to The OWNER surety bonds satisfactory to The OWNER in the amounts and for the purposes stated in the Agreement. The Bonds shall be executed by a responsible surety company or companies approved by The OWNER. Bonds shall be on the form included in the Bid Documents. The CONTRACTOR shall pay all Bond premiums, costs, and incidentals. No payment will be made to the CONTRACTOR and Notice Proceed will not be issued, until the Bonds have been approved by The OWNER. 13.2 Requisite Signatures on Bonds. Both the CONTRACTOR and the surety shall sign each Bond and the signature of the authorized agent of the surety shall be notarized. 14. TERMINATION. 14.1 For Default A. Grounds. The OWNER may terminate the Contract for default if the CONTRACTOR fails materially to perform any of its duties or obligations under the Contract properly and in a timely fashion, or if the CONTRACTOR files a voluntary petition in bankruptcy under any chapter of the Bankruptcy Code, has an involuntary petition filed against it, makes a general assignment for the benefit of its creditors, or has a receiver appointed. B. Notice, Cure Period and Effective Date. The OWNER shall give the CONTRACTOR ten (10) days’ written notice of intent to terminate or default. During those ten days, the CONTRACTOR shall have the opportunity to cure the default. However, unless the default is not cured to the satisfaction of The OWNER within the ten days and The OWNER so notifies the CONTRACTOR in writing, the Contract shall be deemed terminated without further notice and effective immediately. The CONTRACTOR hereby agrees that, in the event of termination for default, title to all Work in progress on the Work Site shall pass to The OWNER. C. Further Payment to CONTRACTOR. The OWNER shall have no obligation to pay the CONTRACTOR for any Work done or materials supplied after the effective date of termination. No further payments on the Contract shall be made after termination until the Work has been completed by The OWNER and then only if the total cost of completing the Work, and all consequential damages, was less than the remaining balance of the Contract Price at the time of termination. D. Assignment of Orders and Supply Contracts. The OWNER may, at its sole option, assume supply contracts or orders the CONTRACTOR placed before termination. The CONTRACTOR shall have the obligation to identify to The OWNER all such orders and supply contracts so that The OWNER may exercise its option. E. The OWNER’S Right to Complete The Work. If the CONTRACTOR is terminated for default, The OWNER shall have the right to complete the Work by whatever means and methods it deems advisable. F. CONTRACTOR’S Liability. The Contract shall be liable for all costs The OWNER incurs in completing the Work after a default termination, to the extent that those costs are in excess of the Contract Price, as well as for any other damages allowable under this Contract or at law. G. Conversion to Termination for Convenience. If it is ultimately determined that The OWNER ‘s termination of this Contract for default was wrongful, then the termination shall be deemed to have been a termination for convenience, and the CONTRACTOR’S rights and remedies shall be limited and governed by the provisions dealing with terminations for convenience. 14.2 For Convenience. The OWNER may, upon ten (10) days’ written notice, terminate this Contract for its convenience, and without declaring any default by the CONTRACTOR. In the event of such a termination, the CONTRACTOR shall cease Work. The CONTRACTOR’S sole and exclusive remedy in cases of termination for convenience is payment for the Work completed up to the time of termination and for all unavoidable costs of canceling or terminating open orders or supply contracts. The CONTRACTOR shall include in all Subcontracts for the Work a provision substantially similar to this Paragraph, authorizing termination for convenience and limiting the SUBCONTRACTORS’ rights and remedies as provided herein. 15. MISCELLANEOUS. 15.1 Independent CONTRACTOR. The CONTRACTOR shall perform all Work under this Contract as an independent CONTRACTOR and not an agent or employee of the OWNER. 15.2 The OWNER As Sole Contract Privy. The CONTRACTOR is not in privity with, and shall have no claim against, the City for any costs it incurs or claims to have incurred in connection with the Work or the Contract, but must look solely to The OWNER for payment of such costs. 15.3 Contractors’s License. The CONTRACTOR represents that it has obtained and maintained in force whatever licenses are required by applicable state or local laws for CONTRACTORS performing the type of work to be done pursuant to the Contract. 15.4 Assignment. This Contract may not be assigned or transferred without the prior written consent of The OWNER. Any assignment of proceeds of this Contract shall be subject to all proper set-offs and contractually permitted withholdings in favor of The OWNER. 15.5 Governing Law/Waiver of Jury Trial. This Contract shall be governed by and construed in accordance with the laws of the State of the sign project installation, without regard to its conflict of laws principles. The parties expressly waive their right to trial by jury and agree that all disputes relating to the Contract or its breach shall be decided by a judge sitting without jury. 15.6 Choice of Venue. All disputes arising from or in connection with this Contract shall be decided in the Court of Common Pleas of The OWNER. 15.7 Integrated Agreement. The Contract is an integration, constituting the entire agreement of the parties with respect to the subject matter of the Contract. It supersedes all prior or contemporaneous discussions, writings, or negotiations. The Contract may not be modified except by a writing executed by both parties. 15.8 Remedies Cumulative. All rights and remedies provided to the parties under this Contract shall be cumulative, not exclusive. The parties may, in their discretion, avail themselves of any remedy permitted by the Contract, at law or in equity, and the exercise of one or more remedies by a party shall not preclude the simultaneous or subsequent exercise of other remedies. 15.9 Limitations. Statutes of limitations applicable to The OWNER ‘s right to assert claims or bring suit against the CONTRACTOR or the CONTRACTOR’S surety in connection with the Contract or the Bonds shall not begin to run, or shall be deemed tolled, until Final Completion of the Work. 15.10 Captions. The table of contents, titles, section headings, or other captions contained in the General Conditions or other Contract Documents are solely to facilitate reference and in no way affect, limit, or cast light upon the interpretation or construction of the Contract. 15.11 Advertising or Public Relations. The OWNER reserves the right to review and approve in writing all The OWNER -related copy prior to publication as well as any The OWNER -related public statements and public discussions to be made by the CONTRACTOR, any of its SUBCONTRACTORS, agents, officers, members or employees. The CONTRACTOR shall not allow The OWNER -related copy to be submitted to any trade association, seminar sponsor or other public discussion group or be published in CONTRACTOR’S advertisement or public relations programs until submitting The OWNER -related copy and receiving prior written approval from The OWNER. All information shall be factual and in no way imply that The OWNER endorses the CONTRACTOR’S firm, service, or product. END OF SECTION 0550 - GENERAL CONDITIONS 7 27Merje Technical Specifications_2017_v1 of 1. 01320 - CONSTRUCTION PROGRESS DOCUMENTATION 1. PART 1 - GENERAL 1.1 Summary A. This Section includes administrative and procedural requirements for documenting the progress of construction during performance of the Work, including the following: 1. Construction Schedule. 2. Submittals Schedule. 3. Daily construction reports. 4. Material location reports. 5. Field condition reports. 6. Special reports. 7. Construction photographs. 1.2 Definitions A. Activity: A discrete part of a project that can be identified for planning, scheduling, monitoring, and controlling the construction project. Activities included in a construction schedule consume time and resources. B. Critical activities are activities on the critical path. They must start and finish on the planned early start and finish times. C. Predecessor activity is an activity that must be completed before a given activity can be started. D. CPM: Critical path method, which is a method of planning and scheduling a construction project where activities are arranged based on activity relationships. Network calculations determine when activities can be performed and the critical path of Project. E. Critical Path: The longest continuous chain of activities through the network schedule that establishes the minimum overall Project duration and contains no float. F. Event: The starting or ending point of an activity. G. Float: The measure of leeway in starting and completing an activity. 1. Float time is not for the exclusive use or benefit of either Owner or Contractor, but is a jointly owned, expiring Project resource available to both parties as needed to meet schedule milestones and Contract completion date. 2. Free float is the amount of time an activity can be delayed without adversely affecting the early start of the following activity. 3. Total float is the measure of leeway in starting or completing an activity without adversely affecting the planned Project completion date. H. Fragnet: A partial or fragmentary network that breaks down activities into smaller activities for greater detail. I. Milestone: A key or critical point in time for reference or measurement. J. Diagram: A graphic diagram of a schedule, showing activities and activity relationships. 1.3 Submittals A. Submittals Schedule: Submit 5 copies of schedule. Arrange the following information in a tabular format: 1. Scheduled date for first submittal. 2. Submittal category (action or informational). 3. Name of subcontractor. 4. Description of the Work covered. 5. Scheduled date for Administrators final release or approval. B. Preliminary Construction Schedule: Submit 5 printed copies; one a single sheet of reproducible media, and one a print. C. Contractor’s Construction Schedule: Submit 5 printed copies of initial schedule. Schedule shall be large enough to show entire schedule for entire construction period. D. Construction Photographs: Submit Digital photographs of each site location prior to excavation/mounting, upon completion of excavation and upon installation of sign.. E. File Name: Sign Location F. Folder Organization: By Sign Location Plan Number / Date G. Daily Construction Reports: Submit five copies at weekly intervals. H. Material Location Reports: Submit five copies at weekly intervals. I. Field Condition Reports: Submit five copies at time of discovery of differing conditions. J. Special Reports: Submit five copies at time of unusual event. 1.4 Quality Assurance A. Prescheduling Conference: Conduct conference at Project site to comply with requirements in Division 1 Section 01010 Summary / Preconstruction Meeting. Review methods and procedures related to the Preliminary Construction Schedule and Contractor’s Construction Schedule, including, but not limited to, the following: 1. Discuss constraints, including phasing and milestones 2. Review schedule for work of Owner’s separate contracts. 3. Review time required for review of submittals and resubmittals and approvals 4. Review requirements for utility checks. 5. Review time required for completion and startup procedures. 6. Review and finalize list of construction activities to be included in schedule. 7. Review submittal requirements and procedures. 1.5 Coordination A. Coordinate preparation and processing of schedules and reports with performance of construction activities and with scheduling and reporting of separate contractors. B. Coordinate Contractor’s Construction Schedule with the Schedule of Values, list of subcontracts, Submittals Schedule, progress reports, payment requests, and other required schedules and reports. 1. Secure time commitments for performing critical elements of the Work from parties involved. 2. Coordinate each construction activity in the network with other activities and schedule them in proper sequence. 2. PART 2 - PRODUCTS 2.1 Submittals Schedule A. Preparation: Submit a schedule of submittals, arranged in chronological order by dates required by construction schedule. Include time required for review, resubmittal, ordering, manufacturing, fabrication, and delivery when establishing dates. 1. Coordinate Submittals Schedule with list of subcontracts, the Schedule of Values, and Contractor’s Construction Schedule. 2. Initial Submittal: Submit concurrently with preliminary bar- chart schedule. Include submittals required during the first 20 days of construction. List those required to maintain orderly progress of the Work and those required early because of long lead-time for manufacture or fabrication. 3. Final Submittal: Submit concurrently with the first complete submittal of Contractor’s Construction Schedule. 2.2 Contractor’s Construction Schedule A. Time Frame: Extend schedule from date established for the Notice to Proceed to date of Final Completion. 1. Contract completion date shall not be changed by submission of a schedule that shows an early completion date, unless specifically authorized by Change Order. B. Activities: 1. Procurement Activities: Include procurement process activities for long lead items and major items, requiring a cycle of more than 30 days, as separate activities in schedule. Procurement cycle activities include, but are not limited to, submittals, approvals, purchasing, fabrication, and delivery. 2. Submittal Review Time: Include review and resubmittal times indicated in “Submittal Procedures” in schedule. Coordinate submittal review times in Contractor’s Construction Schedule with Submittals Schedule. 3. Substantial Completion: Indicate completion in advance of date established for Substantial Completion, and allow time for Designer’s and Owner’s Representative administrative procedures necessary for certification of Substantial Completion. C. Constraints: Include constraints and work restrictions indicated in the Contract Documents and as follows in schedule, and show how the sequence of the Work is affected. 1. Phasing: Arrange list of activities on schedule by phase. 2. Work under More Than One Contract: Include a separate activity for each contract. 3. Work by Owner: Include a separate activity for each portion of the Work performed by Owner. 4. Products Ordered in Advance: Include a separate activity for each product. Include delivery date indicated in Division 1 Section “Summary.” Delivery dates indicated stipulate the earliest possible delivery date. 5. Work Restrictions: Show the effect of the following items on the schedule: a. Coordination with existing construction.b. Uninterrupted services.c. Use of premises restrictions. d. Seasonal variations.e. Environmental control. 6. Work Stages: Indicate important stages of construction for each major portion of the Work, including, but not limited to, the following: a. Subcontract awards.b. Submittals.c. Mockups.d. Fabrication.e. Deliveries.f. Installation.g. Curing. D. Milestones: Include milestones indicated in the Contract Documents in schedule. 8 27Merje Technical Specifications_2017_v1 of 1. 01320 - CONSTRUCTION PROGRESS DOCUMENTATION E. Cost Correlation: At the head of schedule, provide a cost correlation line, indicating planned and actual costs. On the line, show dollar volume of the Work performed as of dates used for preparation of payment requests. F. Contract Modifications: For each proposed contract modification and concurrent with its submission, prepare a time-impact analysis using fragnets to demonstrate the effect of the proposed change on the overall project schedule. G. Bar-Chart Schedule: Submit preliminary horizontal bar-chart-type construction schedule within seven days of date established for the Notice to Proceed H. Preparation: Indicate each significant construction activity separately. Identify first workday of each week with a continuous vertical line. Outline significant construction activities for first 30 days of construction. Include skeleton diagram for the remainder of the Work and a cash requirement prediction based on indicated activities. 2.3 Reports A. Daily Construction Reports: Prepare a daily construction report recording the following information concerning events at Project site: 1. List of subcontractors at Project site. 2. List of separate contractors at Project site. 3. Approximate count of personnel at Project site. 4. High and low temperatures and general weather conditions. 5. Accidents. 6. Meetings and significant decisions. 7. Unusual events (refer to special reports). 8. Stoppages, delays, shortages, and losses. 9. Meter readings and similar recordings. 10. Emergency procedures. 11. Orders and requests of authorities having jurisdiction. 12. Change Orders received and implemented. 13. Construction Change Directives received. 14. Services connected and disconnected. 15. Substantial Completions authorized. B. Material Location Reports: At weekly intervals, prepare a comprehensive list of materials delivered to and stored at Project site. List shall be cumulative, showing materials previously reported plus items recently delivered. Include with list a statement of progress on and delivery dates for materials or items of equipment fabricated or stored away from Project site. C. Field Condition Reports: Immediately on discovery of a difference between field conditions and the Contract Documents, prepare a detailed report. Submit with a request for information. Include a detailed description of the differing conditions, together with recommendations for changing the Contract Documents. 2.4 Special Reports A. General: Submit special reports directly to Owner within one day of an occurrence. Distribute copies of report to parties affected by the occurrence. B. Reporting Unusual Events: When an event of an unusual and significant nature occurs at Project site, whether or not related directly to the Work, prepare and submit a special report. List chain of events, persons participating, response by Contractor’s personnel, evaluation of results or effects, and similar pertinent information. Advise Owner in advance when these events are known or predictable. 3. PART 3 - EXECUTION 3.1 Contractor’s Construction Schedule A. Contractor’s Construction Schedule Updating: At bi-weekly intervals, update schedule to reflect actual construction progress and activities. Issue schedule 3 days before each regularly scheduled progress meeting. 1. Revise schedule immediately after each meeting or other activity where revisions have been recognized or made. Issue updated schedule concurrently with the report of each such meeting. 2. Include a report with updated schedule that indicates every change, including, but not limited to, changes in logic, durations, actual starts and finishes, and activity durations. 3. As the Work progresses, indicate Actual Completion percentage for each activity. B. Distribution: Distribute copies of approved schedule to Administrator, Designer, Owner’s Representative and other parties identified by Contractor with a need-to-know schedule responsibility. 3.2 Construction Photographs A. Photographer: Contractors photographer. B. Photography: Digital Files / Color / See Submittals for Naming C. Preconstruction Photographs: Before starting construction, take necessary photographs of Project site and surrounding properties from different vantage points to show site conditions. 1. Usa a white board to indicate location number. 2. Show existing conditions adjacent to location / property. D. Construction Progress: On a weekly basis take a minimum of 2 photos of each sign location under construction, those that have been installed and minimum of 10 photos of in-shop production of signs and materials. Photographer shall select vantage points to best show status of construction progress since last photographs were taken. E. Final Completion Construction Photographs: Take 2 color photographs after date of Substantial Completion of each sign location for submission as Project Record Documents. F. Photographs related to Third Party Work: CONTRACTOR shall also include photographs of surrounding area or issues that may require third party maintenance or correction. Including tree/shrub trimming, clean-up or additional surface work. G. Project Team Access: CONTRACTOR shall establish a accessible server site to store all project photography, available to entire project team. END OF SECTION 01320 - CONSTRUCTION PROGRESS DOCUMENTATION 9 27Merje Technical Specifications_2017_v1 of 1. 01330 - SUBMITTAL PROCEDURES 1. PART 1 - GENERAL 1.1 Summary A. This Section includes administrative and procedural requirements for submitting Shop Drawings, Product Data, Samples, and other miscellaneous submittals. B. Related Sections include the following: 1. Division 1 Section “Construction Progress Documentation” 1.2 Definitions A. Action Submittals: Written and graphic information that requires Administrators, Designer’s and Owner’s Representative’s responsive action. B. Informational Submittals: Written information that does not require Designer and Owner’s Representative’s approval. Submittals may be rejected for not complying with requirements. 1.3 Submittal Procedures A. General: Digital files of design intent drawings will be provided by Designer for Contractor’s use in preparing submittals. See General Conditions. B. Coordination: Coordinate preparation and processing of submittals with performance of construction activities. 1. Coordinate each submittal with fabrication, purchasing, testing, delivery, other submittals, and related activities that requires sequential activity. 2. Coordinate transmittal of different types of submittals for related parts of the Work so processing will not be delayed because of need to review submittals concurrently for coordination. a. Designer and Owner’s Representative reserve the right to withhold action on a submittal requiring coordination with other submittals until related submittals are received. C. Submittals Schedule: Comply with requirements in “Construction Progress Documentation” for list of submittals and time requirements for scheduled performance of related construction activities. D. Processing Time: Allow enough time for submittal review, including time for resubmittals, as follows. Time for review shall commence on Designer’s receipt of submittal. 1. Initial Review: Allow 10 days for initial review of each submittal. Allow additional time if processing must be delayed to permit coordination with subsequent submittals. Construction Manager will advise Contractor when a submittal being processed must be delayed for coordination. 2. If intermediate submittal is necessary, process it in same manner as initial submittal. 3. Allow [10] days for processing each resubmittal. 4. No extension of the Contract Time will be authorized because of failure to transmit submittals enough in advance of the Work to permit processing. E. Identification: Place a permanent label or title block on each submittal for identification. 1. Indicate name of firm or entity that prepared each submittal on label or title block. 2. Provide a space approximately 4 by 5 inches on label or beside title block to record Contractor’s review and approval markings and action taken by Designer and Construction Manager. 3. Include the following information on label for processing and recording action taken: a. Project name.b. Date.c. Name and address of Designer and Owner’s Representative.d. Name and address of Contractor.e. Name and address of subcontractor.f. Name and address of supplier.g. Name of manufacturer.h. Unique identifier, including revision number.i. Drawing number and detail references, as appropriate.j. Other necessary identification. F. Deviations: Highlight, encircle, or otherwise identify deviations from the Contract Documents on submittals. G. Transmittal: Package each submittal individually and appropriately for transmittal and handling. Transmit each submittal using a transmittal form. H. Distribution: Furnish copies of final submittals to manufacturers, subcontractors, suppliers, fabricators, installers, and authorities having jurisdiction, and others as necessary for performance of construction activities. Show distribution on transmittal forms. I. Use for Construction: Use only final submittals with mark indicating action taken by Designer and Owner’s Representative in connection with construction. 2. PART 2 - PRODUCTS 2.1 Action Submittals A. General: Prepare and submit Action Submittals required by individual Specification Sections. 1. Number of Copies: Submit three copies of each submittal, unless otherwise indicated. B. Product Data: Collect information into a single submittal for each element of construction and type of product or equipment. 1. If information must be specially prepared for submittal because standard printed data are not suitable for use, submit as Shop Drawings, not as Product Data. 2. Mark each copy of each submittal to show which products and options are applicable. 3. Include the following information, as applicable: a. Manufacturer’s written recommendations.b. Manufacturer’s product specifications.c. Manufacturer’s installation instructions.d. Manufacturer’s catalog cuts. C. Shop Drawings: Prepare Project-specific information, drawn accurately to scale. Do not base Shop Drawings on reproductions of the Contract Documents or standard printed data. 1. Preparation: Include the following information, as applicable: a. Dimensions.b. Identification of products.c. Fabrication and installation drawings.d. Roughing-in and setting diagrams.e. Shopwork manufacturing instructions.f. Templates and patterns.g. Schedules.h. Design calculations.i. Notation of coordination requirements.j. Notation of dimensions established by field measurement. 2. Sheet Size: Except for templates, patterns, and similar full-size drawings, submit Shop Drawings on sheets at least 11 x 17 inches but no larger than 30 by 40 inches . 3. Number of Copies: Submit copies of each submittal, as follows: a. Initial Submittal: Submit one correctable, reproducible print. b. Final Submittal: Submit 2 final prints to OWNER and 1 final print for DESIGNER. D. Samples: Prepare physical units of materials or products, including the following: 1. Samples for Approval: Submit color samples consisting of units or sections of units showing the full range of colors, textures, and patterns available. 2. Preparation: Mount, display, or package Samples in manner specified to facilitate review of qualities indicated. Prepare Samples to match Designer’s sample where so indicated. Attach label on unexposed side that includes the following: a. Generic description of Sample.b. Product name or name of manufacturer.c. Sample source. 3. Submit Samples for review of kind, color, pattern, and texture for a final check of these characteristics with other elements and for a comparison of these characteristics between final submittal and actual component as delivered and installed. a. If variation in color, pattern, texture, or other characteristic is inherent in the product represented by a Sample, submit at least three sets of paired units that show approximate limits of the variations.b. Refer to individual Specification Sections for requirements for Samples that illustrate workmanship, fabrication techniques, details of assembly, connections, operation, and similar construction characteristics. 4. Number of Samples for Initial Selection: Submit one full set of available choices where color, pattern, texture, or similar characteristics are required to be selected from manufacturer’s product line. Designer through Owner’s Representative, will return submittal with options selected. 5. Disposition: Maintain sets of approved Samples at Project site, available for quality-control comparisons throughout the course of construction activity. Sample sets may be used to determine final acceptance of construction associated with each set. 6. Samples for Verification a. Examples of all graphic image process, including materials, methods, colors and finishes, for maps, imagery, letters, numbers and other graphic devices. b. Full size section of all graphic image processes, including materials, methods, colors and finishes. E. Product Schedule or List: Prepare a written summary indicating types of products required for the Work and their intended location. Include the following information in tabular form: 10 27Merje Technical Specifications_2017_v1 of 1. 01330 - SUBMITTAL PROCEDURES F. Contractor’s Construction Schedule: Comply with requirements in “Construction Progress Documentation” for Owner’s Representative action. G. Submittals Schedule: Comply with requirements in “Construction Progress Documentation.” H. Subcontract List: Prepare a written summary identifying individuals or firms proposed for each portion of the Work, including those who are to furnish products or equipment fabricated to a special design. Include the following information in tabular form: 1. Name, address, and telephone number of entity performing subcontract or supplying products. 2. Number and title of related Specification Section(s) covered by subcontract. 3. Drawing number and detail references, as appropriate, covered by subcontract. 2.2 INFORMATIONAL SUBMITTALS A. General: Prepare and submit Informational Submittals required by other Specification Sections. 1. Number of Copies: two copies of each submittal, unless otherwise indicated. 2. Certificates and Certifications: Provide a notarized statement that includes signature of entity responsible for preparing certification. Certificates and certifications shall be signed by an officer or other individual authorized to sign documents on behalf of that entity. 3. Test and Inspection Reports: Comply with requirements in Division 1 Section “Quality Requirements.” B. Qualification Data: Prepare written information that demonstrates capabilities and experience of firm or person. Include lists of completed projects with project names and addresses, names and addresses of designers and owners, and other information specified. C. Product Certificates: Prepare written statements on manufacturer’s letterhead certifying that product complies with requirements. D. Welding Certificates: Prepare written certification that welding procedures and personnel comply with requirements. Submit record of Welding Procedure Specification (WPS) and Procedure Qualification Record (PQR) on AWS forms. Include names of firms and personnel certified. E. Installer Certificates: Prepare written statements on manufacturer’s letterhead certifying that Installer complies with requirements and, where required, is authorized for this specific Project. F. Manufacturer Certificates: Prepare written statements on manufacturer’s letterhead certifying that manufacturer complies with requirements. Include evidence of manufacturing experience where required. G. Material Certificates: Prepare written statements on manufacturer’s letterhead certifying that material complies with requirements. H. Material Test Reports: Prepare reports written by a qualified testing agency, on testing agency’s standard form, indicating and interpreting test results of material for compliance with requirements. I. Maintenance Data: Prepare written and graphic instructions and procedures for operation and normal maintenance of products and equipment. J. Design Data: Prepare written and graphic information, including, but not limited to, performance and design criteria, list of applicable codes and regulations, and calculations. Include list of assumptions and other performance and design criteria and a summary of loads. Include load diagrams if applicable. Provide name and version of software, if any, used for calculations. Include page numbers. K. Manufacturer’s Instructions: Prepare written or published information that documents manufacturer’s recommendations, guidelines, and procedures for installing or operating a product or equipment. Include name of product and name, address, and telephone number of manufacturer. Include the following; 1. Preparation of substrates. 2. Required substrate tolerances. 3. Sequence of installation or erection. 4. Required installation tolerances. 5. Required adjustments. 6. Recommendations for cleaning and protection. L. Manufacturer’s Field Reports: Prepare written information documenting factory-authorized service representative’s tests and inspections. Include the following, as applicable: 1. Name, address, and telephone number of factory-authorized service representative making report. 2. Statement on condition of substrates and their acceptability for installation of product. 3. Statement that products at Project site comply with requirements. 4. Summary of installation procedures being followed, whether they comply with requirements and, if not, what corrective action was taken. 5. Results of operational and other tests and a statement of whether observed performance complies with requirements. 6. Statement whether conditions, products, and installation will affect warranty. M. Insurance Certificates and Bonds: Prepare written information indicating current status of insurance or bonding coverage. Include name of entity covered by insurance or bond, limits of coverage, amounts of deductibles, if any, and term of the coverage. 3. PART 3 - EXECUTION 3.1 Contractor’s Review A. Review each submittal and check for compliance with the Contract Documents. Note corrections and field dimensions. Mark with approval stamp before submitting to Designer and Construction Manager. B. Approval Stamp: Stamp each submittal with a uniform, approval stamp. Include Project name and location, submittal number, Specification Section title and number, name of reviewer, date of Contractor’s approval, and statement certifying that submittal has been reviewed, checked, and approved for compliance with the Contract Documents. C. Existing Site Conditions. Contractor is responsible for confirming and correlating all dimensions at the job site for information which pertains to the fabrication process and coordination of work with other trades related to the project submissions and implementation. 3.2 Designer’s And Construction Manager’s Action A. General: Designer and Owner’s Representative will not review submittals that do not bear Contractor’s approval stamp and will return them without action. B. Action Submittals: Designer and Owner’s Representative will review each submittal, make marks to indicate corrections or modifications required, and return it. Designer and Construction Manager will stamp each submittal with an action stamp and will mark stamp appropriately to indicate action taken, as follows: C. Informational Submittals: Designer and Owner’s Representative will review each submittal and will not return it, or will reject and return it if it does not comply with requirements. Designer and Construction Manager will forward each submittal to appropriate party. D. Submittals not required by the Contract Documents will not be reviewed and may be discarded E. Designers Review: Designer’s review is conducted for the limited purpose of checking conformance with information given and the design concept expressed in the Design Intent Drawings as part of the Contract Documents. Review of submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of material or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. Designer’s review shall not constitute approval of safety precautions, structural requirements or of any construction means, methods, materials, techniques, sequence or procedures. Designer’s approval of a specific item shall not indicate approval of an assembly of which item is a component. Designer’s review of Samples is only for visual characteristics unless otherwise indicated. Designer’s approval of Contractor’s submittals shall not relieve the Contractor of responsibility for deviation from requirements of Contract Documents nor for errors or omissions in shop drawings. No Change to Contract Sum or Contract Time is authorized by Designer’s approval unless so stated in a separate modification to the contract and approved by the OWNER. Contractor is responsible for confirming and correlating all dimensions at the job site for information which pertains to the fabrication process and coordination of work with other trades. END OF SECTION 01330 - SUBMITTAL PROCEDURES 11 27Merje Technical Specifications_2017_v1 of 1. 01781 - PROJECT RECORD DOCUMENTS 1. PART 1 - GENERAL 1.1 Summary A. This Section includes administrative and procedural requirements for Project Record Documents, including the following: 1. Record Drawings. 2. Record Specifications. 3. Record Product Data. 1.2 Submittals A. Record Drawings: Comply with the following: 1. Submit 1 set of marked-up Record Prints. 2. Submit 1 set of corrected Record Prints 3. Record Specifications: Submit one copy of Project’s B. Specifications, including addenda and contract modifications. C. Record Product Data: Submit one copy of each Product Data submittal. 1. Where Record Product Data is required as part of operation and maintenance manuals, submit marked-up Product Data as an insert in the manual instead of submittal as Record Product Data. 2. PART 2 - PRODUCTS 2.1 Record Drawings A. Record Prints: Maintain one set of blue- or black-line white prints of the Contract Drawings and Shop Drawings. 1. Preparation: Mark Record Prints to show the actual installation where installation varies from that shown originally. Require individual or entity who obtained record data, whether individual or entity is Installer, subcontractor, or similar entity, to prepare the marked-up Record Prints. a. Give particular attention to information on concealed elements that would be difficult to identify or measure and record later.b. Accurately record information in an understandable drawing technique.c. Record data as soon as possible after obtaining it. Record and check the markup before enclosing concealed installations. 2. Content: Types of items requiring marking include, but are not limited to, the following: a. Dimensional changes to Drawings.b. Revisions to details shown on Drawings.c. Depths of foundations.d. Locations and depths of underground utilities.e. Changes made by Change Order or Construction Change Directive.f. Changes made following Designer’s written orders.g. Details not on the original Contract Drawings.h. Field records for variable and concealed conditions.i. Record information on the Work that is shown only schematically.3. Mark the Contract Drawings or Shop Drawings, whichever is most capable of showing actual physical conditions, completely and accurately. If Shop Drawings are marked, show cross-reference on the Contract Drawings. 4. Mark record sets with erasable, red-colored pencil. Use other colors to distinguish between changes for different categories of the Work at the same location. 5. Mark important additional information that was either shown schematically or omitted from original Drawings. 6. Note Construction Change Directive numbers, alternate numbers, Change Order numbers, and similar identification, where applicable. B. Record CAD Drawings: Immediately before inspection for Certificate of Substantial Completion, review marked-up Record Prints with Designer and Owner’s Representative. When authorized, prepare a full set of corrected CAD Drawings of the Contract Drawings, as follows: 1. Format: Same CAD program, version, and operating system as the original Contract Drawings. 2. Incorporate changes and additional information previously marked on Record Prints. Delete, redraw, and add details and notations where applicable. 3. Refer instances of uncertainty to Designer through Owner’s Representative for resolution. C. Newly Prepared Record Drawings: Prepare new Drawings instead of preparing Record Drawings where Designer determines that neither the original Contract Drawings nor Shop Drawings are suitable to show actual installation. 1. New Drawings may be required when a Change Order is issued as a result of accepting an alternate, substitution, or other modification. 2. Consult with Designer and Owner’s Representative for proper scale and scope of detailing and notations required to record the actual physical installation and its relation to other construction. Integrate newly prepared Record Drawings into Record Drawing sets; comply with procedures for formatting, organizing, copying, binding, and submitting. D. Format: Identify and date each Record Drawing; include the designation “PROJECT RECORD DRAWING” in a prominent location. 1. Record Prints: Organize Record Prints and newly prepared Record Drawings into manageable sets. Bind each set with durable paper cover sheets. Include identification on cover sheets. 2. Record CAD Drawings: Organize CAD information into separate electronic files that correspond to each sheet of the Contract Drawings. Name each file with the sheet identification. Include identification in each CAD file. 3. Identification: As follows: a. Project name.b. Date.c. Designation “PROJECT RECORD DRAWINGS.”d. Name of Designer and Construction Manager.e. Name of Contractor. 2.2 Record Specifications A. Preparation: Mark Specifications to indicate the actual product installation where installation varies from that indicated in Specifications, addenda, and contract modifications. 1. Give particular attention to information on concealed products and installations that cannot be readily identified and recorded later. 2. Mark copy with the proprietary name and model number of products, materials, and equipment furnished, including substitutions and product options selected. 3. Record the name of the manufacturer, supplier, Installer, and other information necessary to provide a record of selections made. 4. For each principal product, indicate whether Record Product Data has been submitted in operation and maintenance manuals instead of submitted as Record Product Data. 5. Note related Change Orders, Record Drawings, and Product Data where applicable. 2.3 Record Product Data A. Preparation: Mark Product Data to indicate the actual product installation where installation varies substantially from that indicated in Product Data submittal. 1. Give particular attention to information on concealed products and installations that cannot be readily identified and recorded later. 2. Include significant changes in the product delivered to Project site and changes in manufacturer’s written instructions for installation. 3. Note related Change Orders, Record Drawings, and Product Data where applicable. 2.4 Miscellaneous Record Submittals A. Assemble miscellaneous records required by other Specification Sections for miscellaneous record keeping and submittal in connection with actual performance of the Work. Bind or file miscellaneous records and identify each, ready for continued use and reference. 3. PART 3 - EXECUTION 3.1 Recording And Maintenance A. Recording: Maintain one copy of each submittal during the construction period for Project Record Document purposes. Post changes and modifications to Project Record Documents as they occur; do not wait until the end of Project. B. Maintenance of Record Documents and Samples: Store Record Documents and Samples in the field office apart from the Contract Documents used for construction. Do not use Project Record Documents for construction purposes. Maintain Record Documents in good order and in a clean, dry, legible condition, protected from deterioration and loss. Provide access to Project Record Documents for Designer’s and Owner’s Representative reference during normal working hours. END OF SECTION 01781 - PROJECT RECORD DOCUMENTS 12 27Merje Technical Specifications_2017_v1 of 1. 02231 - TREE PROTECTION AND TRIMMING 1. PART 1 - GENERAL 1.1 Summary A. This Section includes the protection and trimming of trees that interfere with, or are affected by, execution of the Work or completed work, whether the work is temporary or new construction. B. CONTRACTOR be responsible for trimming, in an professional and appropriate technique (see below; 1.3 Quality Assurance) all trees that interfere with the sign structure or site lines associated with the maximum legibility of the sign panel and its associated messages, logos and/or graphics. 1.2 Submittals A. Product Data: For each type of product indicated. B. Certification: From a qualified arborist that trees indicated to remain have been protected during construction according to recognized standards and that trees were promptly and properly treated and repaired when damaged. C. Maintenance Recommendations: From a qualified arborist for care and protection of trees affected by construction during and after completing the Work. 1.3 Quality Assurance A. Tree Service Qualifications: An experienced tree service firm that has successfully completed tree protection and trimming work similar to that required for this Project and that will assign an experienced, qualified arborist to Project site on a full-time basis during execution of the Work. B. Arborist Qualifications: An arborist certified by the International Society of Arboriculture or licensed in the jurisdiction where Project is located. 2. PART 2 - PRODUCTS 2.1 Materials for Protection of Trees A. Chain Link Fence or other fencing type approved ny the OWNER. 3. PART 3 - EXECUTION 3.1 Preparation A. Temporary Fencing: Install temporary fencing located as indicated or outside the drip line of trees to protect remaining vegetation from construction damage. 1. Install fence according to manufacturer’s written instructions. B. Protect tree root systems from damage due to noxious materials caused by runoff or spillage while mixing, placing, or storing construction materials. Protect root systems from flooding, eroding, or excessive wetting caused by dewatering operations. C. Do not store construction materials, debris, or excavated material within the drip line of remaining trees. Do not permit vehicles or foot traffic within the drip line; prevent soil compaction over root systems. D. Do not allow fires under or adjacent to remaining trees or other plants. 3.2 Excavation A. Install shoring or other protective support systems to minimize sloping or benching of excavations. B. Do not excavate within drip line of trees, unless otherwise indicated. C. Where excavation for new construction is required within drip line of trees, hand clear and excavate to minimize damage to root systems. Use narrow-tine spading forks and comb soil to expose roots. 1. Relocate roots in backfill areas where possible. If encountering large, main lateral roots, expose roots beyond excavation limits as required to bend and relocate them without breaking. If encountered immediately adjacent to location of new construction and relocation is not practical, cut roots approximately 3 inches back from new construction. 2. Do not allow exposed roots to dry out before placing permanent backfill. Provide temporary earth cover or pack with peat moss and wrap with burlap. Water and maintain in a moist condition. 3.3 Tree Repair And Replacement A. Promptly repair trees damaged by construction operations within 24 hours. Treat damaged trunks, limbs, and roots according to written instructions of the qualified arborist. B. Remove and replace dead and damaged trees that the qualified arborist determines to be incapable of restoring to a normal growth pattern. 1. Provide new trees of 6-inch caliper size and of a species selected by Designer when trees more than 6 inches in caliper size, measured 12 inches above grade, are required to be replaced. 3.4 DISPOSAL OF WASTE MATERIALS A. Burning is not permitted. B. Disposal: Remove excess excavated material, displaced trees, and excess chips from Owner’s property. END OF SECTION 02231 - TREE PROTECTION & TRIMMING 13 27Merje Technical Specifications_2017_v1 of 1. 03300 - CAST-IN-PLACE CONCRETE 1. PART 1 - GENERAL 1.1 Summary A. This Section specifies cast-in place concrete, including formwork, reinforcement, concrete materials, mix design, placement procedures, and finishes. 1.2 Definitions A. Cementitious Materials: Portland cement alone or in combination with one or more of blended hydraulic cement, fly ash and other pozzolans, ground granulated blast-furnace slag, and silica fume. 1.3 Submittals A. Product Data: For each type of manufactured material and product indicated. B. Design Mixes: For each concrete mix. Include alternate mix designs when characteristics of materials, project conditions, weather, test results, or other circumstances warrant adjustments. 1. Indicate amounts of mix water to be withheld for later addition at Project site. C. Steel Reinforcement Shop Drawings: Details of fabrication, bending, and placement, prepared according to ACI 315, “Details and Detailing of Concrete Reinforcement.” Include material, grade, bar schedules, stirrup spacing, bent bar diagrams, arrangement, and supports of concrete reinforcement. Include special reinforcement required for openings through concrete structures. D. Formwork Shop Drawings: Prepared by or under the supervision of a qualified professional engineer detailing fabrication, assembly, and support of formwork. Design and engineering of formwork are Contractor’s responsibility. E. Material Test Reports: From a qualified testing agency indicating and interpreting test results for compliance of the following with requirements indicated, based on comprehensive testing of current materials: F. Material Certificates: Signed by manufacturers certifying that each of the following items complies with requirements: 1. Cementitious materials and aggregates. 2. Form materials and form-release agents. 3. Steel reinforcement and reinforcement accessories. 4. Admixtures. 5. Curing materials. 6. Bonding agents. 7. Adhesives. G. Minutes of preinstallation conference. 1.4 Quality Assurance A. Installer Qualifications: An experienced installer who has completed concrete Work similar in material, design, and extent to that indicated for this Project and whose work has resulted in construction with a record of successful in-service performance. B. Professional Engineer Qualifications: A professional engineer who is legally qualified to practice in jurisdiction where Project is located and who is experienced in providing engineering services of the kind indicated. Engineering services are defined as those performed for formwork and shoring and reshoring installations that are similar to those indicated for this Project in material, design, and extent. C. Manufacturer Qualifications: A firm experienced in manufacturing ready-mixed concrete products complying with ASTM C 94 requirements for production facilities and equipment. 1. Manufacturer must be certified according to the National Ready Mixed Concrete Association’s Certification of Ready Mixed Concrete Production Facilities. D. Testing Agency Qualifications: An independent testing agency, acceptable to authorities having jurisdiction, qualified according to ASTM C 1077 and ASTM E 329 to conduct the testing indicated, as documented according to ASTM E 548. 1. Personnel conducting field tests shall be qualified as ACI Concrete Field Testing Technician, Grade 1, according to ACI CP-1 or an equivalent certification program. E. Source Limitations: Obtain each type or class of cementitious material of the same brand from the same manufacturer’s plant, each aggregate from one source, and each admixture from the same manufacturer. F. ACI Publications: Comply with the following, unless more stringent provisions are indicated: 1. ACI 301, “Specification for Structural Concrete.” 2. ACI 117, “Specifications for Tolerances for Concrete Construction and Materials.” G. Preinstallation Conference: Conduct conference at Project site to comply with requirements in Division 1 Section “Project Meetings.” 1. Before submitting design mixes, review concrete mix design and examine procedures for ensuring quality of concrete materials. Require representatives of each entity directly concerned with cast-in-place concrete to attend, including the following: a. Contractor’s superintendent.b. Independent testing agency responsible for concrete design mixes.c. Ready-mix concrete producer.d. Concrete subcontractor. 1.5 Delivery, Storage, And Handling A. Deliver, store, and handle steel reinforcement to prevent bending and damage. 2. PART 2 - PRODUCTS 2.1 Form-Facing Materials A. Smooth-Formed Finished Concrete: Form-facing panels that will provide continuous, true, and smooth concrete surfaces. Furnish in largest practicable sizes to minimize number of joints. 1. Plywood, metal, or other approved panel materials. 2. Exterior-grade plywood panels, suitable for concrete forms, complying with DOC PS 1, and as follows: a. High-density overlay, Class 1, or better. b. Medium-density overlay, Class 1, or better, mill-release agent treated and edge sealed.c. Structural 1, B-B, or better, mill oiled and edge sealed.d. B-B (Concrete Form), Class 1, or better, mill oiled and edge sealed. 2.2 Steel Reinforcement A. Reinforcing Bars: ASTM A 615/A 615M, Grade 60 , as required by structural engineer. 2.3 Reinforcement Accessories A. Bar Supports: Bolsters, chairs, spacers, and other devices for spacing, supporting, and fastening reinforcing bars and welded wire fabric in place. Manufacture bar supports according to CRSI’s “Manual of Standard Practice” from steel wire, plastic, or precast concrete or fiber-reinforced concrete of greater compressive strength than concrete, and as follows: 1. For concrete surfaces exposed to view where legs of wire bar supports contact forms, use CRSI Class 1 plastic-protected or CRSI Class 2 stainless-steel bar supports. 2.4 Concrete Materials A. Portland Cement: ASTM C 150, Type I. 1. Fly Ash: ASTM C 618, Class F. B. Normal-Weight Aggregate: ASTM C 33, uniformly graded, and as follows: 1. Nominal Maximum Aggregate Size: 3/4 inch . 2. Combined Aggregate Gradation: Well graded from coarsest to finest with not more than 18 percent and not less than 8 percent retained on an individual sieve, except that less than 8 percent may be retained on coarsest sieve and on No. 50 sieve, and less than 8 percent may be retained on sieves finer than No. 50. C. Water: Potable and complying with ASTM C 94. 2.5 Admixtures A. General: Admixtures certified by manufacturer to contain not more than 0.1 percent water-soluble chloride ions by mass of cementitious material and to be compatible with other admixtures and cementitious materials. Do not use admixtures containing calcium chloride. B. Air-Entraining Admixture: ASTM C 260. C. Water-Reducing Admixture: ASTM C 494, Type A. D. Corrosion-Inhibiting Admixture: Commercially formulated, anodic inhibitor or mixed cathodic and anodic inhibitor; capable of forming a protective barrier and minimizing chloride reactions with steel reinforcement in concrete. 2.6 Curing Materials A. Evaporation Retarder: Waterborne, monomolecular film forming, manufactured for application to fresh concrete. B. Absorptive Cover: AASHTO M 182, Class 2, burlap cloth made from jute or kenaf, weighing approximately 9 oz./sq. yd. dry. C. Moisture-Retaining Cover: ASTM C 171, polyethylene film or white burlap-polyethylene sheet. D. Water: Potable. 2.7 Related Materials A. Bonding Agent: ASTM C 1059, Type II, non-redispersible, acrylic emulsion or styrene butadiene. B. Epoxy-Bonding Adhesive: ASTM C 881, two-component epoxy resin, capable of humid curing and bonding to damp surfaces, of class and grade to suit requirements, and as follows: 1. Type II, non-load bearing, for bonding freshly mixed concrete to hardened concrete. 14 27Merje Technical Specifications_2017_v1 of 1. 03300 - CAST-IN-PLACE CONCRETE 2.8 Concrete Mixes A. Prepare design mixes for each type and strength of concrete determined by either laboratory trial mix or field test data bases, as follows: 1. Proportion normal-weight concrete according to ACI 211.1 and ACI 301. B. Use a qualified independent testing agency for preparing and reporting proposed mix designs for the laboratory trial mix basis. C. Footings and Foundation Walls: Proportion normal-weight concrete mix as follows: 1. Compressive Strength (28 Days): 4000 psi . 2. Maximum Slump: 4 inches . 3. Maximum Slump: 5 inches . 2.9 Fabricating Reinforcement A. Fabricate steel reinforcement according to CRSI’s “Manual of Standard Practice.” 2.10 Concrete Mixing A. Ready-Mixed Concrete: Measure, batch, mix, and deliver concrete according to ASTM C 94, and furnish batch ticket information. 1. When air temperature is between 85 and 90 deg F , reduce mixing and delivery time from 1-1/2 hours to 75 minutes; when air temperature is above 90 deg F , reduce mixing and delivery time to 60 minutes. 3. PART 3 - EXECUTION 3.1 Formwork A. Design, erect, shore, brace, and maintain formwork, according to ACI 301, to support vertical, lateral, static, and dynamic loads, and construction loads that might be applied, until concrete structure can support such loads. B. Construct formwork so concrete members and structures are of size, shape, alignment, elevation, and position indicated, within tolerance limits of ACI 117. C. Limit concrete surface irregularities, designated by ACI 347R as abrupt or gradual, as follows: 1. Class A, 1/8 inch . D. Construct forms tight enough to prevent loss of concrete mortar. E. Fabricate forms for easy removal without hammering or prying against concrete surfaces. Provide crush or wrecking plates where stripping may damage cast concrete surfaces. Provide top forms for inclined surfaces steeper than 1.5 horizontal to 1 vertical. Kerf wood inserts for forming keyways, reglets, recesses, and the like, for easy removal. 1. Do not use rust-stained steel form-facing material. F. Set edge forms, bulkheads, and intermediate screed strips for slabs to achieve required elevations and slopes in finished concrete surfaces. Provide and secure units to support screed strips; use strike-off templates or compacting-type screeds. G. Provide temporary openings for cleanouts and inspection ports where interior area of formwork is inaccessible. Close openings with panels tightly fitted to forms and securely braced to prevent loss of concrete mortar. Locate temporary openings in forms at inconspicuous locations. H. Do not chamfer corners or edges of concrete. I. Form openings, chases, offsets, sinkages, keyways, reglets, blocking, screeds, and bulkheads required in the Work. Determine sizes and locations from trades providing such items. J. Clean forms and adjacent surfaces to receive concrete. Remove chips, wood, sawdust, dirt, and other debris just before placing concrete. K. Re tighten forms and bracing before placing concrete, as required, to prevent mortar leaks and maintain proper alignment. L. Coat contact surfaces of forms with form-release agent, according to manufacturer’s written instructions, before placing reinforcement. 3.2 Embedded Items A. Place and secure anchorage devices and other embedded items required for adjoining work that is attached to or supported by cast-in-place concrete. Use Setting Drawings, templates, diagrams, instructions, and directions furnished with items to be embedded. 1. Install anchor bolts, accurately located, to elevations required. 3.3 Removing And Reusing Forms A. General: Formwork, for sides of beams, walls, columns, and similar parts of the Work, that does not support weight of concrete may be removed after cumulatively curing at not less than 50 deg F for 24 hours after placing concrete provided concrete is hard enough to not be damaged by form-removal operations and provided curing and protection operations are maintained. B. Clean and repair surfaces of forms to be reused in the Work. Split, frayed, de-laminated, or otherwise damaged form-facing material will not be acceptable for exposed surfaces. Apply new form-release agent. C. When forms are reused, clean surfaces, remove fins and laitance, and tighten to close joints. Align and secure joints to avoid offsets. Do not use patched forms for exposed concrete surfaces unless approved by OWNER. 3.4 Steel Reinforcement A. General: Comply with CRSI’s “Manual of Standard Practice” for placing reinforcement. B. Clean reinforcement of loose rust and mill scale, earth, ice, and other foreign materials. C. Accurately position, support, and secure reinforcement against displacement. Locate and support reinforcement with bar supports to maintain minimum concrete cover. Do not tack weld crossing reinforcing bars. D. Set wire ties with ends directed into concrete, not toward exposed concrete surfaces. 3.5 Joints A. General: Construct joints true to line with faces perpendicular to surface plane of concrete. B. Construction Joints: Install so strength and appearance of concrete are not impaired, at locations indicated or as approved by Architect. 3.6 Concrete Placement A. When locating a footer within a single larger pavement block adjacent to at least 2 expansion joints, the entire block of pavement shall be removed and replaced with the same materials and finish of adjacent sidewalk areas - up to a 25 sq ft. (5’ - 0” x 5’ - 0”) B. When pouring a underground footer within a area that contains a surface brick or specialty pavers, The pattern of bricks / pavers shall be removed, stored and replaced in the exact same positioning in the order they were removed. C. Before placing concrete, verify that installation of formwork, reinforcement, and embedded items is complete and that required inspections have been performed. D. Do not add water to concrete during delivery, at Project site, or during placement, unless approved by a licensed Engineer. E. Before placing concrete, water may be added at Project site, subject to limitations of ACI 301. F. Deposit concrete continuously or in layers of such thickness that no new concrete will be placed on concrete that has hardened enough to cause seams or planes of weakness. If a section cannot be placed continuously, provide construction joints as specified. Deposit concrete to avoid segregation. G. Deposit concrete in forms in horizontal layers no deeper than 24 inches and in a manner to avoid inclined construction joints. Place each layer while preceding layer is still plastic, to avoid cold joints. H. Cold-Weather Placement: Comply with ACI 306.1 and as follows. Protect concrete work from physical damage or reduced strength that could be caused by frost, freezing actions, or low temperatures. 1. When air temperature has fallen to or is expected to fall below 40 deg F, uniformly heat water and aggregates before mixing to obtain a concrete mixture temperature of not less than 50 deg F and not more than 80 deg F at point of placement. 2. Do not use frozen materials or materials containing ice or snow. Do not place concrete on frozen subgrade or on subgrade containing frozen materials. 3. Do not use calcium chloride, salt, or other materials containing antifreeze agents or chemical accelerators, unless otherwise specified and approved in mix designs. I. Hot-Weather Placement: Place concrete according to recommendations in ACI 305R and as follows, when hot-weather conditions exist: 1. Cool ingredients before mixing to maintain concrete temperature below 90 deg F at time of placement. Chilled mixing water or chopped ice may be used to control temperature, provided water equivalent of ice is calculated to total amount of mixing water. Using liquid nitrogen to cool concrete is Contractor’s option. 2. Cover steel reinforcement with water-soaked burlap so steel temperature will not exceed ambient air temperature immediately before embedding in concrete. 3. Fog-spray forms, steel reinforcement, and subgrade just before placing concrete. Keep subgrade moisture uniform without standing water, soft spots, or dry areas. 3.7 Miscellaneous Concrete Items A. Filling In: Fill in holes and openings left in concrete structures, unless otherwise indicated, after work of other trades is in place. Mix, place, and cure concrete, as specified, to blend with in-place construction. Provide other miscellaneous concrete filling indicated or required to complete Work. 15 27Merje Technical Specifications_2017_v1 of 1. 03300 - CAST-IN-PLACE CONCRETE 3.8 Concrete Protection And Curing A. General: Protect freshly placed concrete from premature drying and excessive cold or hot temperatures. Comply with ACI 306.1 for cold-weather protection and with recommendations in ACI 305R for hot-weather protection during curing. B. Evaporation Retarder: Apply evaporation retarder to unformed concrete surfaces if hot, dry, or windy conditions cause moisture loss approaching 0.2 lb/sq. ft. x h before and during finishing operations. Apply according to manufacturer’s written instructions after placing, screeding, and bull floating or darbying concrete, but before float finishing. C. Formed Surfaces: Cure formed concrete surfaces, including underside of beams, supported slabs, and other similar surfaces. If forms remain during curing period, moist cure after loosening forms. If removing forms before end of curing period, continue curing by one or a combination of the following methods: D. Unformed Surfaces: Begin curing immediately after finishing concrete. Cure unformed surfaces, including floors and slabs, concrete floor toppings, and other surfaces, by one or a combination of the following methods: 3.9 Concrete Surface Repairs A. Defective Concrete: CONTRACTOR shall repair and patch any existing defective areas that surround the footer up to 50 sq ft. Remove and replace concrete that cannot be repaired and patched to OWNER’S approval. B. Patching Mortar: Mix dry-pack patching mortar, consisting of one part portland cement to two and one-half parts fine aggregate passing a No. 16 sieve, using only enough water for handling and placing. C. Repairing Formed Surfaces: Surface defects include color and texture irregularities, cracks, spalls, air bubbles, honeycombs, rock pockets, fins and other projections on the surface, and stains and other discolorations that cannot be removed by cleaning. D. Repairing Unformed Surfaces: Test unformed surfaces, such as floors and slabs, for finish and verify surface tolerances specified for each surface. Correct low and high areas. Test surfaces sloped to drain for trueness of slope and smoothness; use a sloped template. E. Perform structural repairs of concrete, subject to OWNER’S approval, using epoxy adhesive and patching mortar. F. Repair materials and installation not specified above may be used, subject to Architect’s approval. G. All stained or colored concrete shall match adjacent stained or colored concrete areas. H. All replaced surface areas shall be replaced with matching like materials, including bricks, pavers, stone, stamped concrete, or other materials. 3.10 Field Quality Control A. Testing Agency: Engage a qualified independent testing and inspecting agency to sample materials, perform tests, and submit test reports during concrete placement according to requirements specified in this Article. B. Testing Services: Testing of composite samples of fresh concrete obtained according to ASTM C 172 shall be performed according to the following requirements: C. When strength of field-cured cylinders is less than 85 percent of companion laboratory-cured cylinders, Contractor shall evaluate operations and provide corrective procedures for protecting and curing in-place concrete. D. Strength of each concrete mix will be satisfactory if every average of any three consecutive compressive-strength tests equals or exceeds specified compressive strength and no compressive-strength test value falls below specified compressive strength by more than 500 psi . END OF SECTION 03300 - CAST-IN-PLACE CONCRETE 16 27Merje Technical Specifications_2017_v1 of 1. 10436 - POST AND PANEL SIGNS & DIMENSIONAL LETTERS 1. PART 1 - GENERAL 1.1 SUMMARY A. This Section includes the following: 1. Non Illuminated, Single-Sheet-Type Post and Panel Signs 2. Dimensional Letters. 3. Related Sign Types include, Gateways, Directional Signs, Kiosks and Single-Panel Signs Mounted to Structures. 1.2 RELATED PROJECT CONDITIONS, PROCEDURES AND WORK REQUIREMENTS A. Executive Summary B. Section 00550: General Conditions C. Section 01320: Construction Progress Documentation D. Section 01330: Submittal Procedures E. Section 01781: Project Record Documents F. Section 02231: Tree Protection & Trimming G. Section 03050: Cast-In-Place Concrete H. Section 10437: Pylon Signs, Electric. Message Brds & Channel Ltrs. I. Section 01730: Removals, Cutting and Patching J. Section 09999: Decorative Metals Coatings / Dye Sublimation 1.3 PERFORMANCE REQUIREMENTS A. Structural Performance: Provide post and panel signs capable of withstanding the effects of gravity loads and the following loads and stresses within limits and under conditions indicated, determined according to ASCE 7, “Minimum Design Loads for Buildings and Other Structures”: 1. Wind Loads: Determine loads based on a uniform pressure of 90mph or the required windloads based on the project location, which ever is greater, acting in any direction. B. Thermal Movements: Provide post and panel signs that allow for thermal movements resulting from the following maximum change (range) in ambient and surface temperatures by preventing buckling, opening of joints, peeling / loss of adhesion of vinyl, overstressing of components, failure of connections, and other detrimental effects. Base engineering calculation on surface temperatures of materials due to both solar heat gain and nighttime-sky heat loss. 1. Temperature Change (Range): 120 deg F, ambient; 180 deg F, material surfaces. C. Structural Engineering: Provide all necessary structural engineering calculations and signed and sealed drawings for proposed signs, structures (existing and new) and other elements as necessary to perform the work and provide a structurally sound and safe product. 1. CONTRACTOR shall also review and confirm the structural integrity of all existing structures a sign may be installed on. 2. When a deficiency is discovered in an existing structure, the CONTRACTOR and their ENGINEER shall provide a discovery report to the OWNER and indicate any corrections, remediation or additional structural components that shall be necessary, in order to install the sign properly and to required Federal, State and Local codes. 1.4 SUBMITTALS A. Product Data: For each type of product indicated include construction details, material descriptions, processes, dimensions of individual components, graphic layouts, elevations, profiles and finishes. Include manufacturer’s written instructions for installing, maintaining and cleaning surfaces. B. Shop Drawings: Show fabrication, installation details and graphic layouts for post and panels signs. 1. NOTE: The DESIGNER shall provide Adobe Illustrator files / DESIGN INTENT DRAWINGS associated with the PROJECT as a courtesy to the CONTRACTOR. 2. NOTE: The DESIGN INTENT DRAWINGS, specifications and files are meant for DESIGN INTENT ONLY and are not for construction. CONTRACTOR shall verify and be responsible for all final drawings, dimensions and conditions of the job, including proper orientation of graphic layouts, panel shapes, brackets and mounting methods. 3. Include plans, elevations, and at least 3/4-inch scale sections of typical members and other components and construction details. Show anchors, reinforcement, accessories, layout, and installation details. 4. Include message list, with details of wording and lettering layout, at least half size. Include full-size details of graphics. 5. Provide Graphic layouts for each sign location and its associated message. Minimum scale: 1” = 1’ – 0” 6. For dimensional letters; a. Provide elevations of entire mounting surface and adjacent surfaces and details of any obstructions. b. Provide construction and installation details indicating any internal surface supports that is required for structural integrity. c. Include full-size templates for cutout characters and graphic symbols. d. Include full-size spacing template for individually mounted dimensional characters and graphic symbols for field-applied characters on pylons. 7. Fabricator shall provide a Structural Engineer Seal (State Licensed) for all shop drawings indicating fasteners, construction, installation, footers or other structural components. C. Samples for Verification: Provide 3 sets of each type of product indicated, of size below: 1. Aluminum Post: For each form, finish, and color, on 6-inch- long sections of extrusions. All custom extrusion die shall be approved prior to fabrication. 2. Aluminum Sheet: Squares of each sheet thickness, at least 4 inches by 4 inches. 3. Paint Swatches: For each painted color, provide a 4” by 4” inch aluminum sheet. Clearly indicate on the back the color specification, date and submittal number. 4. Reflective Vinyl Sheet: minimum 8” by 10” for each color required. 5. Examples of all graphic image process, including materials, methods, colors and finishes, for maps, patterns, imagery, letters, numbers and other graphic devices. 6. Dimensional Characters: Full-size representative samples of each dimensional character type required, showing style, color, and material finish and method of attachment to sign background. 7. Full Size Prototype Sign(s) and Sign Components: Full size Prototype Sign(s) and select Sign Components may be requested as part of the submittal process. a. The full size prototype sign may be constructed / installed in place. b. The prototype sign(s) and requested sign components shall be fabricated of all materials, process, colors and finishes as outlined in the design intent drawings. c. The installed prototype sign may ultimately be used as a component of the system. d. The OWNER shall provide exact location and messages for the prototype sign(s). e. A line item shall be included on the BID FORM for the quantity of and types of prototype sign(s) and Sign components required for the submittal process. D. All cost associated with sample submittals, including mobilization, product data, shop drawings, mock-ups, samples and other submittals shall be included within the Lump Sum Bid Proposal. E. Fabrication and Installation of requested proto-types shall be included in the CONTRACTORS overall project schedule. F. No additional time will be granted by the OWNER to the CONTRACTOR for the prototype fabrication / installation time or for time lost due to non-conforming materials, colors or other component associated with the completed proto-type. 1.5 QUALITY ASSURANCE A. Installer Qualifications: An authorized and professionally trained representative of sign manufacturer for installation and maintenance of units required for this Project. B. Contractor shall be capable of providing replacement message panels within 10 working days of receipt of order. C. Source Limitations: Obtain each type of post and panel signs through one source from a single manufacturer, unless incorporation of unique products is called for. D. Product Options: Drawings indicate size, profiles, and dimensional requirements of post and panel signs and are based on the specific type indicated. 1. Do not modify intended aesthetic effects, as judged solely by the DESIGNER except with DESIGNER’S approval. If modifications are proposed, submit comprehensive explanatory data to Designer for review. 2. CONTRACTORS suggested modifications and/or products shall not increase the cost or schedule of project. 17 27Merje Technical Specifications_2017_v1 of 1. 10436 - POST AND PANEL SIGNS & DIMENSIONAL LETTERS 1.6 DELIVERY, HANDLING AND STORAGE A. Delivery and Handling. Ship and deliver post, panels and all other sign components in the appropriate protective covering and crating to fully protect all sign components and surfaces against damage. 1. Remove all protective covering, as required per product manu-facturer instructions, in order to maintain warranties. B. Defects. All delivered sign components shall be delivered free of any defect, including, but not limited to scratches, chips, cracking, dents, peeling, bubbling, adhesive glue / tape marks, marker writings, undesirable film coatings or other visual distractions or defects. 1. Contractor shall be responsible for full replacement of all sign components that are delivered on site or to the location dam-aged, at no cost to the OWNER. 2. Contractor shall be responsible for full replacement of all sign components that are delivered on site or to the location defec-tive, causing the product warranty to become null or void, at no cost to the OWNER. C. Storage. The CONTRACTOR shall follow all third party, manufacturer and/or product storage instructions, procedures and requirements for all sign components. Including protection methods, protective materials, protective material removal (including instructions and timeframes), sequencing of events, environmental conditions for storage, overall storage requirements, stacking of products /materials and any other requirements. 1. Any failure by the CONTRACTOR to follow the storage requirements that cause for loss or void of warranty, product effectiveness or performance, will require complete and total replacement of all effected materials and products at no cost to the OWNER. This includes, but is not limited to, posts, panels, vinyl sheeting, paint, brackets or any other sign component. 1.7 COORDINATION A. Coordinate installation of anchorages for post and panel signs. Furnish setting drawings, templates, and directions for installing anchorages and other items that are to be embedded in concrete. Deliver such items to Project site in time for installation. B. Coordinate delivery time so signs can be installed within 24 hours of receipt at Project site. 1.8 WARRANTY A. Contractors Warranty Period: Contractor shall provide a warranty of 3 years from date of Substantial Completion, for all workmanship associated with the fabrication and installation of the sign system this includes, but is not limited to the following 1. the posts, panels, footers, sign faces, materials, mounting methods and fasteners shall be free of defects, including. but not limited to; scaling, peeling, fading, warping, vinyl shrinking, adhesion, welds, structural integrity, corrosion or mechanical fastener failure. B. Product and Manufacturers Warranties. CONTRACTOR shall pass on to the OWNER and honor all associated third-party product warranties, including, but not limited to vinyl sheeting (reflective and non-reflective), inks, vinyl overlays, paint, coatings and hardware. 1. All paints, clearcoats, reflective vinyls and non-reflective vinyls shall be free of defects, including. but not limited to; scaling, peeling, fading, warping, vinyl shrinking, adhesion or any other type of failure for the following time periods; a. Paint Warranty: Minimum 7 yearsb. Reflective Vinyl/Custom Color Warranty: Minimum 8 yrs.c. Non-Reflective Vinyl Warranty: Minimum 10 years C. Warranty Period Commencement: Warranty period begins for each individual unit, upon the date the OWNER provides a written acceptance of a singular unit or group of units. 2. PART 2 - PRODUCTS 2.1 MATERIALS AND APPLICATION PROCESSES A. Aluminum Sheet and Plate: ASTM B 209, alloy and temper recommended by aluminum producer and finisher for type of use and finish indicated, and with at least the strength and durability properties of alloy 5005-H15. B. Aluminum Extrusions: ASTM B 221, alloy and temper recommended by aluminum producer and finisher for type of use and finish indicated, and with at least the strength and durability properties of alloy 6063-T5. C. Paints: Material Preparation and Paint Performance 1. Sign components shall be per-drilled in proper locations prior to any pre-treatment process. 2. It is important for the metal surface to be free of oil, dust, and moisture to ensure a good chemical bond with the primer. 3. Pre-treatment: All surfaces shall be cleaned, primed, and pre-treated as required by manufacturers guidelines prior to finishing. 4. Masking and spraying. All masking shall be executed with pre-letter spaced vinyl legends, assembled on sign panel or wall prior to spraying. No hand-cut masks shall be used. 5. Clear Coat: Apply a fully compatible protective UV / Anti-Graffiti Clearcoat to all painted, printed, and vinyl surfaces. Contractor shall verify all clear coat product warranties and compatibility of the clear coat products to the applied surfaces. 6. Finished work shall be crisp, accurate, visibly free from flow lines, streaks, bleeding, blisters, cracking, peeling or other imperfections in the dry-film state, without overspray, or rounded corners. 7. Screened Messages: Execute all silkscreen printing in such a manner that all edges and corners of finished letterforms are true and clean. Letterforms, color areas, graphics, or lines with rounded corners, edge buildup or bleeding, saw-toothing, etc. will not be accepted. D. Paint: Processes and Paint Type 1. Paint Type: All paints utilized on the project shall be designed and formulated specifically for the signage industry and for exterior use. 2. Processes a. CONTRACTOR shall follow paint manufacturers instructions, sequencing and procedural requirements to insure full product performance and warranties are maintained at the highest level possible for all Primers, Topcoats, Clearcoats, Cleaners and Additives. b. this includes but is not limited to metal surface preparation, priming of surfaces, spray gun PSI, panel positioning during spraying/drying, adequate coverage, environmental conditions such as temperature and humidity, recommended dry times for subsequent coats and for proceeding to next step in fabrication process, second/additional coat procedures, applying clear coats, cleaning final product and storage during fabrication and shipping. 3. Manufacturers and Colors: Per DESIGN INTENT DRAWINGS or approved equal. 4. Paint Type / Acrylic Polyurenthane, Baked Enamel, Powder Coat and Specialty / Custom Coatings. a. Per the DESIGN INTENT DRAWINGS, apply paint specified to the sign components indicated b. Use only a paint formulated specifically for exterior signage. Apply exactly by the manufacturers instructions, sequencing and procedural requirements c. Include required quantity and types of compatible top coat and clearcoats per manufacturers recommendations. d. For Acrylic Polyurethane, utilize a matte enamel finish e. For Baked Enamel Finish: AA-C12C42R1x (Chemical Finish: cleaned with inhibited chemicals; Chemical Finish: acid-chromate-fluoride-phosphate conversion coating; Organic Coating: as specified below). Apply baked enamel complying with paint manufacturer’s written instructions for cleaning, conversion coating, and painting. Organic Coating: Thermosetting, modified-acrylic enamel primer/topcoat system complying with AAMA 2603 except with a minimum dry film thickness of 1.5 mils , medium gloss. E. Non-Reflective Vinyl and Graphics: 1. Single Vinyl Product: All vinyl sheeting, inks and overlays shall maintain the same manufacturer and required specifications. Mixing products, processes or materials from different manufacturers, that voids warranties is not permitted. 2. Color Application: Color of vinyl material is to be integral to the material and not surface applied unless specifically noted. 3. Translucent Graphics. Use 3M Scotchcal translucent film or approved equal F. Reflective Sheeting 1. 3M Certified Fabricator: Reflective Vinyl Printing shall be performed by a current accredited 3M Certified Fabricator or 3M Certified Digital Fabricator, which includes an annual onsite audit of manufacturing facilities, ensuring correct materials and processes are being used. Certification shall guarantee that the product will be covered by 3M MCS Traffic Warranty. 2. Single Vinyl Product and Manufacturer: All vinyl sheeting, inks and overlays shall maintain the same manufacturer and required specifications. Mixing products, processes or materials from different manufacturers, shall void warranties and is not permitted. 18 27Merje Technical Specifications_2017_v1 of 1. 10436 - POST AND PANEL SIGNS & DIMENSIONAL LETTERS 3. Reflective Sheeting. 3M 3930 High Intensity Reflective Sheeting or approved equal that meets MUTCD requirements for Community Wayfinding Signage (MUTCD Section 2D.50) 4. Color Application. Color background and characters shall be printed with approved compatible and fully warranty inks directly to reflective vinyl surface. Inks used in the screen printing and digital printing process must be designed for use on highway signs and recommended by the sheeting manufacturers. Inks used must be warranted to be effective for a period of time commensurate with the warranted life of the reflective sheeting. 5. Sheeting & Substrate Application. Series 3930 sheeting incor-porates a pressure sensitive adhesive and shall be applied to the sign substrate at temperature of 65˚F/18˚C or higher by any of the following methods: a. Mechanical squeeze roll applicator – refer to 3M Information Folder (IF) 1.4 for specifications. b. Hand squeeze roll applicator – refer to 3M IF 1.6 for spec-ifications. 6. Splices: Series 3930 sheeting must be butt spliced when more than one piece of sheeting is used on one piece of substrate. The sheeting pieces should not touch each other. This is to prevent buckling as the sheet expands in extreme temperature and humidity exposure. 7. Seam Placement. Seams are not preferred. When practical, all seams should run horizontal and be located along horizontal visual graphics where the seams will be as inconspicuous as possible. a. If the height of a sign panel is greater then 48 inches, the 3M 3930 material should be oriented vertically with stripes at 0 degrees, to avoid the seaming of material. 8. Material Substrate. Aluminum sheets and extrusions prepared based on vinyl manufacturers specifications and guidance. Plastic substrates are NOT acceptable. 9. Legend / Message and Background: When a white message appears on a dark background, the background shall be printed the intended color (inks directly applied to reflective sheeting) and the copy, rule lines and arrows shall “knockout” of the background. Per MUTCD, Section 2D.50, both Message and Background shall be retro-reflective. 10. Imaging Custom Colors (3M). Custom colors shall be applied to high intensity prismatic sheeting by the following imaging methods describe below or approved equal; a. Thermal Transfer Printing: 3M Series 3930 sheeting may be imaged with 3M Thermal Transfer Ribbon Series TTR2300 in conjunction with the Matan SprinG3 or Matan Spot4 thermal transfer printers. b. 3M Series 3930 Sheeting and Color Application shall be covered with 3M ElectroCut Film 1170 Clear UV/Anti-Graffiti overlaminate. Refer to Product Bulletin for 3M 1170 for fabrication procedures and specifications. c. Preferred Printer. 3M Series 3930 sheeting may be imaged by the Durst RHO 161 TS printer. d. Preferred Vendor: Sherine Industries: (604) 513-1887. 11. Imaging Standard Manufacturer Colors (3M). Per 3M guidelines, Standard manufacturer colors may be applied to high intensity prismatic sheeting by the following imaging methods describe below or approved equal; a. Vinyl Graphic Films: Scotchcal Vinyl Series 7720 and Series 7725 may be used to provide copy for traffic control signs on high intensity prismatic sheeting. Both materials then must be covered with 3M ElectroCut Film 1170 Clear UV/Anti-Graffiti overlaminate. Refer to Scotchcal product literature for more information. b. Screen Processing: Series 3930 sheeting may be screen processed into traffic signs before or after mounting on a sign substrate, using 3M Process Colors Series 880I or Series 880N. Refer to 3M IF 1.8 for more details. Both, 3M ElectroCut Films and Screen Processing Inks shall be covered with 3M ElectroCut Film 1170 Clear UV/Anti-Graffiti overlaminate. Refer to Product Bulleting 1170 for fabrication procedures. 12. Warranty Reflective Sheeting Custom and Standard Colors: All color application methods utilizing 3M Series 3930 Hi-Intensity Prismatic and Series 4090 DG3, Diamond Grade reflective sheeting as the base layer, shall be warrantied as outlined below and shall not excessively fade, discolor, crack, craze, peel, blister, bubble, tear or lose reflectivity such that the signs become visually unsuitable for their intended purpose. a. All printed colors must be warranted to retain the following minimum reflective values based on the above tables: 3M Hi-Intensity Prismatic ASTM Level IV: 1-7 years – 80%, 8-10 years – 70% 3M Super High Efficiency Full Cube Prismatic ASTM Level XI 1-7 years – 80%, 8-10 years – 70% G. Custom High Pressure Laminate Graphic Panels 1. Description: Custom High Pressure Laminate (CHPL) material composed of required layers of phenolic resin impregnated brown kraft filler paper to produce specified thicknesses, surfaced by a layers of melamine overlay, graphics imaged on saturation grade paper with UV resistant pigment based process color inks, and with an optically clear UV overlay that will resist no less that 99% of all sunlight and UV rays, as well as provides a graffiti resistant surface that allows for removal with standard cleaners. 2. Process: For purposes of this specification, layers of material described A.1 are to be assembled, and heat / pressure consolidated at approximately 1200 PSI at temperatures exceeding 275° Fahrenheit at manufacturer’s prescribed time frames. All manufacturing processes of printing, pressing, machining, finishing and crating to be accomplished within a single stand alone manufacturing facility to ensure consistent quality control and providing standard product delivery times of three weeks. 3. Artwork: The graphic material and images are to be supplied by and under the supervision of the Designer or Owner. To include mechanicals, text, photographs, transparencies, film and other graphic source materials incorporated into digital graphic production artwork files in manufacturer’s required file formats. All graphics must be assembled by computer designers familiar with and experienced in the process of digital printing and submitting production artwork files that meet the artwork requirements of the manufacturer. 4. Acceptable Manufacturer: iZone Imaging, 2526 Charter Oak Dr., Suite 100, Temple, NY 76502. Tel: 888.464.9663, Email: info@izoneimaging.com, Web: http://www.izoneimaging.co.m - or Approved Equal Vendor H. Dye-Sublimated Printed Graphic Panels: See Section 09999: Decorative Metal Coatings / Dye-Sublimation Process. 2.2 ACCESSORIES A. Fasteners: Use concealed, fasteners fabricated from metals that are noncorrosive to sign material and mounting surface. Where fasteners are exposed, use tamper resistant fasteners. B. Anchors and Inserts: Use stainless-steel or hot-dip galvanized anchors and inserts. Use torque-controlled expansion-bolt devices for drilled-in-place anchors. Furnish inserts, as required, to be set into concrete. C. Concrete for Postholes: Comply with requirements “Cast-in-Place Concrete” for normal-weight, air-entrained, poured in place ready-mix CLASS B concrete with a minimum 28-day compressive strength of 4000 psi, unless otherwise indicated. D. Stainless Straps: When utilizing stainless steel straps to install a sign panel on a existing or new post, the mounting strap color shall match the post color. 1. Straps shall be threaded through bracket slots or attached per manufacturer hardware specifications and instructions, . 2. Straps shall not be drilled through or pierced by screws, rivets, or other mounting hardware. 2.3 FABRICATION: GENERAL A. General: Provide post and panel signs of configurations indicated. 1. Welded Connections: Comply with AWS standards for recommended practices in shop welding. Provide welds behind finished surfaces without distortion or discoloration of exposed side. Clean exposed welded surfaces of welding flux and dress exposed and contact surfaces. Chemical welding is not an acceptable substitute. 2. Mill joints to tight, hairline fit. Form joints exposed to weather to exclude water penetration. 3. Preassemble signs in the shop to greatest extent possible. Disassemble signs only as necessary for shipping and handling limitations. Clearly mark units for reassembly and installation, in location not exposed to view after final assembly. 4. Conceal fasteners if possible; otherwise, locate fasteners where they will be inconspicuous. 5. All exposed fasteners shall be tamper-resistant. 6. Single ground mounted signs shall meet criteria as specified in State DOT standard index relative to aluminum materials and structural supports for signs. 19 27Merje Technical Specifications_2017_v1 of 1. 10436 - POST AND PANEL SIGNS & DIMENSIONAL LETTERS 2.4 FABRICATION: BRACKET AND PANEL ASSEMBLY A. Brackets / Panel Configuration. Contractor shall be responsible for confirming, coordinating and verifying all sign panels, messages, graphic layouts, panel orientation, margins, shape, brackets, panel edges, and mounting hole positions with the proposed bracket design, configuration and assembly method, as it relates to the orientation and positioning on a new or existing pole to which it is installed on. 1. Pedestrian Sign Panels: This includes single and double-sid-ed panels that may require a singular orientation and specific margin clearance, on either side of the panel, in order to work properly with the assembly to the bracket, pole (existing or new) and positioning of the panel in the correct direction, when placed in the field. 2. Contractor shall be responsible for replacement of all panels that are incorrect due to the Contractor’s failure to notify the DESIGNER and OWNER prior to the commencement of any step of the panel or bracket fabrication process. 2.5 POSTS A. General: Fabricate posts to lengths required for mounting method indicated. 1. Baseplate Method: Provide posts with baseplates, flanges, or other fittings, welded to bottom of posts. Drill holes in baseplate for anchor-bolt connection. a. Provide anchor bolts of size required for connecting posts to concrete foundations. b. Provide cover plate over breakaway assembly as indicated on drawings and based on break-away products requirements and warranties. B. Aluminum Posts: Per STRUCTURAL ENGINEER requirements, CONTRACTOR shall provide extruded-aluminum tubing of the required thickness. Provide stop blocks in slots to hold panels in position. Include post caps, fillers, spacers, access panels, and related accessories required for complete installation. a. Provide weep holes as necessary to allow internal water to release from internal structures. The size, method and or positioning of the weep hole shall not alter the design intent of the post. In addition, the weep hole shall not effect the structural integrity of the sign. C. Custom Cast Parts: Any die used to create a custom sign part, including, post caps, finials, extrusions, brackets, or other components, will become the property of The Owner. The fabricator will supply the following; 1. 1 die will remain with The Owner. 2. 1 die will remain with the fabricator for use on future projects with the owner. D. Breakaway Post: As indicated on drawings, CONTRACTOR shall provide breakaway posts assembly for the sign types and locations indicated in the documentation drawings. Final designs and shop drawings shall be supplied by the CONTRACTOR for each of the poles identified. A State Licensed Professional Structural Engineer shall sign and seal the submittal of shop drawings. The breakaway post shall meet or exceed the following criteria: 1. Most Current policy on Geometric Design of Highway and Streets 2. Most Current Standard Specification for Structural supports for Highway Signs, Luminaries and Traffic Signals 3. Most Current AASHTO Roadside Design Guide E. Existing Poles: Prior to submitting a bid the CONTRACTOR shall become familiar with all existing pole types utilized on the project and include all necessary costs for coordination, different mounting methods and materials required for the project. 1. CONTRACTOR shall reference the Sign Locations Plans and Site Photo References provided. 2. In the case where photos of the individual sites are not provid-ed or available, the CONTRACTOR shall visit the project site or use other means to verify each sign location and the different poles that are required. 3. Show all existing pole types and required mounting methods in shop drawings. 4. See 10436 / Section 1.3 PERFORMANCE REQUIREMENTS for Structural Engineering requirements associated with existing structures, including poles. 2.6 SIGN PANELS A. General: Provide smooth sign panel surfaces constructed to remain flat under installed conditions within a tolerance of plus or minus 1/16 inch measured diagonally from corner to corner. 1. Coordinate dimensions and attachment methods to produce message panels with closely fitting joints. Align edges and surfaces with one another in the relationship indicated. 2. Increase metal thickness or reinforce with concealed stiffeners or backing materials as needed to produce surfaces without distortion, buckles, warp, or other surface deformations. 3. Continuously weld joints and seams, unless other methods are indicated; grind, fill, and dress welds to produce smooth, flush, exposed surfaces with welds invisible after final finishing. 4. All roadside break-away panels and posts shall conform to the State DOT standards and all municipal regulations. B. Unframed & Framed Single-Sheet Panels: Provide unframed single-sheet sign panels with edges mechanically and smoothly finished. 1. Panel Material: Material and thickness as indicated on design intent drawings. a. Panel Finish / Painted: Surface painted, utilizing polyurethane paints as indicated in the design intent drawings. b. Panel Finish / Vinyl: For panels that receive vinyl sheeting, finish aluminum properly and appropriately based on vinyl manufacturers requirements, so vinyl will adhere and maintain all vinyl manufacturers warranties. c. Panel Coating / Paint: All exposed painted areas shall receive an Anti-Graffiti Protectant compatible with the panel paint finish. d. Panel Coating / Vinyl: Cover reflective vinyl sheeting with a Clear UV/Anti-Graffiti overlaminate compatible with the vinyl manufacturers product. Refer to Manufacturers Product Bulletins for fabrication and application procedures. 2. Edge Condition: Routed and/or Square cut or as indicated on the drawings. Paint all edges to match sign face or as indicated in design intent drawings. 3. Corner Condition: As indicated on Drawings 2.7 GRAPHICS: VINYL AND SCREEN PRINTING A. Reflective Vinyl Graphics: See PART 2. PRODUCTS B. Non-Reflective Graphics: See PART 2. PRODUCTS C. Screen-printed Graphics: See PART 2. PRODUCTS 2.8 ALUMINUM FINISHES A. Comply wiith NAAMM’s” Metal Finishes Manual for Architectural and Metal Products” for recommendations for applying and designating finishes. B. Finish designations prefixed by AA comply with the system established by the Aluminum Association C. Baked-Enamel Finish: AA-C12C42R1x (Chemical Finish: cleaned with inhibited chemicals; Chemical Finish: acid-chromate-fluoride-phosphate conversion coating; Organic Coating: as specified below). Apply baked enamel complying with paint manufacturer’s written instructions for cleaning, conversion coating, and painting. 1. Organic Coating: Thermosetting, modified-acrylic enamel primer/topcoat system complying with AAMA 2603 except with a minimum dry film thickness of 1.5 mils , medium gloss. 2. Color: As indicated on drawings. 3. PART 3 - EXECUTION 3.1 INSTALLATION A. Excavation: In firm, undisturbed or compacted soil, drill or (using a post-hole digger) hand-excavate holes for posts to diameters and spacing indicated. 1. Excavate hole depths as required by structural engineer. 2. Set anchor bolts, mounting sleeves and other embedded items required for installation. Use templates furnished by suppliers of items to be attached. B. Underground Vaults/Basements: Prior to bidding, to the greatest extent practical the CONTRACTOR shall make themselves familiar with all underground basement/vault locations that may interfere with a potential sign location footer, by obtaining plans and historical records from the OWNER. Bidders project lump sum cost shall be inclusive of all fees associated with unique footer designs that may be required as part of this work. 1. Where a basement/vault interferes with a proposed location, the sign shall be relocated to a location deemed appropriate by the OWNER and the DESIGNER at no extra cost to the OWNER. 2. Where relocation is not an option the CONTRACTOR will develop the appropriate mounting solution. The solution shall meet all engineering criteria as established by the standard footings (i.e. windloads). C. When installing a sign on an existing structure, the Contractor shall inspect, investigate, research, analyze and confirm the structural integrity of the proposed structure to which the sign shall be mounted to. 1. Contractor’s structural engineer shall provide all necessary calculations and drawings necessary to sign and seal the required shop drawings that confirms the integrity of the existing structure as well as the attachment of the sign. 20 27Merje Technical Specifications_2017_v1 of 1. 10436 - POST AND PANEL SIGNS & DIMENSIONAL LETTERS 2. Existing Structures may include, but are not limited to utility poles, lamp posts, buildings, canopies, awnings, bridges, or existing sign structures. D. Install signs level, plumb, and at height indicated in the contract documents, with surfaces free from distortion or other defects in appearance. All signs installed shall conform to State DOT’s and MUTCD for offsets and standard heights. E. Prior to any digging the contractor shall contact all required utility companys. Including, but not limited to Water, Gas, Electric, Fiber-Optics, Cable, Telephone, etc.). It is the responsibility of the Contractor to coordinate all calls, utility checks and footer production so that it will not delay the installation of the sign program. F. Installer shall coordinate sequencing, excavation, delivery, installation and clean-up with all related or unrelated construction projects tat may effect their work, including; buildings, streetscaping, roadwork or utility projects. G. Installer shall coordinate all excavation, delivery, installation and clean-up with adjacent businesses and property owners. H. CONTRACTOR shall replace all surfaces with like materials. All new surfaces adjacent to and within 5’-0” sq ft of post, including the entire excavated area shall be returned to the same condition and quality, including, materials, finish and grading that was present prior to excavation. When pouring a underground footer within a area that contains a surface brick or specialty pavers, The pattern of bricks / pavers shall be removed, stored and replaced in the exact same positioning in the order they were removed. I. When locating a footer within a single larger pavement block adjacent to at least 2 expansion joints, the entire block of pavement shall be removed and replaced with the same materials and finish of adjacent sidewalk areas - up to a 25 sq ft. (5’ - 0” x 5’ - 0”) J. Lateral Offsets: Per MUTCD, State and Municipal requirements, K. Contractors representatives will be present at all field surveys and site markings prior to installation, responsibilities will include; 1. Measuring and marking out (spray paint) final sign location number and placement 2. Recording measurements of sign placement from nearest intersection or fixed structure. 3. Recording any field conditions that may alter or revise design intent or placement of sign. 4. Record special field conditions, including custom pavers, colored concrete or other surface treatments that will require treatments. 5. Record all message, sign type and location revisions, additions or subtractions that effect the production or installation of the sign program. This information shall be forwarded to the Owner and Designer for review and approval. L. Check / Stop / Ask (Obvious Errors): CONTRACTOR shall, when at all practical, confirm a sign message in the field prior to installation. 1. CONTRACTOR shall notify the DESIGNER and OWNER of any obvious incorrect message, spelling, arrow direction, pictogram and any other graphic elements OR any condition in the envi-ronment (new or previously identified) that reduces the sign(s)effectiveness, visibility or creates a situation where the sign is presenting incorrect information or creates a hazard (regardless of its safety factor or simple common sense). a. Conditions in the environment include, but are not limited to any element, new or previously identified that may block the visibility of the sign, its overall effectiveness or not meet standard codes or municipal requirements, including ADA. Elements include, trees or tree branches blocking the sign, existing signs (newly installed or previously iden-tified), or any other physical objects (hanging plants, ban-ners, awnings, parking meters, trash cans, etc.) 2. Failure to notify the OWNER and DESIGNER of any obvious error or faulty condition prior to installation will result in the CONTRACTOR replacing the sign or rectifying the condition in the environment, at no additional cost to the OWNER or DESIGNER. 3. Delays in the project caused by the non-installation of a sign (error / omission) shall be reviewed by the OWNER and the OWNER shall determine if additional time may be added to the end-date of substantial completion. 3.2 CLEANING A. At completion of installation, clean soiled surfaces of sign units according to manufacturer’s written instructions. This shall be included within the lump sum cost of the project. B. CONTRACTOR shall provide the OWNER with instructions, processes and a list of materials for the proper and correct cleaning of signs. Information provided shall not void any project warranties. 3.3 TRAFFIC CONTROL A. Develop general Maintenance and Protection of Traffic plans for vehicular and pedestrian traffic in accordance with the current MUTCD, State DOT and Municipal requirements. Details for traffic control device must conform to the standard State DOT details. B. The contractor shall apply for all permits required by the OWNER and municipality for the purposes of traffic control. The cost for all permits and coordination shall be included within the Lump Sum Bid Proposal; this includes but is not limited to equipment, manpower, police presence or any other devices or personnel required for traffic control. 3.4 REMOVAL OF EXISTING SIGNS A. The contractor shall remove all existing wayfinding, directional and trailblazer signs as indicated in the Comments section of the project Message Schedule. This work shall be sequenced and coordinated with the installation of the new sign program. B. Removal of existing signs shall be included in the CONTRACTORS, Lump Sum Project Cost. 1. CONTRACTOR shall confirm with the OWNER prior to submitting their bid, the full scope of work related to removal, including footer removal, post removal and disposal. C. Removal shall be completed prior to the installation of the new sign component. 1. Removal of existing signs shall be scheduled and coordinated to minimize the time between the removal and installation of the new sign program. 2. Removal of the signs shall include all sign components to the below grade connection to the footer. D. CONTRACTOR shall coordinate the proper location, site or recycling center with the OWNER for the disposal of the signs. 3.5 ATTIC STOCK A. Contractor shall supply attic stock components of posts, sign panels, brackets and other components as requested and as outlined on the Bid Form. B. If requested by the owner, contractor may provide storage space for attic stock. The cost of this will be a negotiated fee between the OWNER and the contractor on a annual, per square footage basis. 1. Attic Stock shall be stored by the CONTRACTOR in appropri-ate protective covering and crating to fully protect all sign com-ponents and surfaces against damage. and defect, including, but not limited to scratches, peeling, bubbling, adhesive tapes, marker writing, etc. 1. Contractor shall be responsible for full replacement of all attic stock that is damaged during the period of time it is stored, assembled or delivered to the site. END OF SECTION 10436 - POST & PANEL SIGNS AND DIMENSIONAL LETTERS 21 27Merje Technical Specifications_2017_v1 of 1. 10437 – PYLON SIGNS, ELECTRONIC MESSAGE BOARDS and CHANNEL LETTERS 1. GENERAL 1.1 SUMMARY A. This Section includes the following: 1. Pylon / Monolith Sign (Illuminated and Non-Illuminated) 2. Electronic Message Boards (LED Displays) 3. Channel Letters & Logos (illuminated and Non-Illuminated) 1.2 RELATED SIGN TYPES A. Related sign types include, Gateways, Directional Signs, Kiosks, and Sign-Box Type Signs Mounted to Structures. 1.3 RELATED PROJECT CONDITIONS, PROCEDURES AND WORK REQUIREMENTS A. Executive Summary B. Section 00550: General Conditions C. Section 01320: Construction Progress Documentation D. Section 01330: Submittal Procedures E. Section 01781: Project Record Documents F. Section 02231: Tree Protection & Trimming G. Section 03050: Cast-In-Place Concrete H. Section 10437: Pylon Signs, Electric. Message Brds & Channel Ltrs. I. Section 01730: Removals, Cutting and Patching J. Section 09999: Decorative Metals Coatings / Dye Sublimation 1.4 PERFORMANCE REQUIREMENTS A. Structural Performance: Provide post and panel signs capable of withstanding the effects of gravity loads and the following loads and stresses within limits and under conditions indicated, determined according to ASCE 7, “Minimum Design Loads for Buildings and Other Structures”: 1. Wind Loads: Determine loads based on a uniform pressure of 90mph or the required windloads based on the project location, which ever is greater, acting in any direction. B. Thermal Movements: Provide post and panel signs that allow for thermal movements resulting from the following maximum change (range) in ambient and surface temperatures by preventing buckling, opening of joints, peeling / loss of adhesion of vinyl, overstressing of components, failure of connections, and other detrimental effects. Base engineering calculation on surface temperatures of materials due to both solar heat gain and nighttime-sky heat loss. 1. Temperature Change (Range): 120 deg F, ambient; 180 deg F, material surfaces. C. Structural Engineering: Provide all necessary structural engineering calculations and signed and sealed drawings for proposed signs, structures (existing and new) and other elements as necessary to perform the work and provide a structurally sound and safe product. 1. CONTRACTOR shall also review and confirm the structural integrity of all existing structures a sign may be installed on. 2. When a deficiency is discovered in an existing structure, the CONTRACTOR and their ENGINEER shall provide a discovery report to the OWNER and indicate any corrections, remediation or additional structural components that shall be necessary, in order to install the sign properly and to required Federal, State and Local codes. 1.5 SUBMITTALS A. Product Data: For each type of product indicated include construction details, material descriptions, processes, dimensions of individual components, graphic layouts, elevations, profiles and finishes. Include manufacturer’s written instructions for installing, maintaining and cleaning surfaces. B. Shop Drawings: Show fabrication, installation details and graphic layouts for post and panels signs. 1. NOTE: The DESIGNER shall provide Adobe Illustrator files / DESIGN INTENT DRAWINGS associated with the PROJECT as a courtesy to the CONTRACTOR. 2. NOTE: The DESIGN INTENT DRAWINGS, specifications and files are meant for DESIGN INTENT ONLY and are not for con-struction. CONTRACTOR shall verify and be responsible for all final drawings, dimensions and conditions of the job, including proper orientation of graphic layouts, panel shapes, brackets and mounting methods. 3. Include plans, elevations, and at least 3/4-inch scale sections of typical members and other components and construction details. Show anchors, reinforcement, accessories, layout, and installation details. 4. Include message list, with details of wording and lettering lay-out, at least half size. Include full-size details of graphics. 5. Provide Graphic layouts for each sign location and its associat-ed message. Minimum scale: 1” = 1’ – 0” 6. Fabricator shall provide a Structural Engineer Seal (State Licensed) for all shop drawings indicating fasteners, construction, installation, footers or other structural components. 7. For Dimensional Letters, Channel Letters / Logos, provide full size paper templates for review and approval in the field by the OWNER and DESIGNER. 8. Wiring Diagrams: Include all diagrams required for power, signal, digital, wireless routing and control wiring of externally illuminated signs. C. Samples for Verification: Provide 3 sets of each type of product indicated, of size below: 1. Aluminum Post: For each form, finish, and color, on 6-inch- long sections of extrusions. All custom extrusion die shall be approved prior to fabrication. 2. Aluminum Sheet: Squares of each sheet thickness, at least 4 inches by 4 inches. 3. Paint Swatches: For each painted color, provide a 4” by 4” inch aluminum sheet. Clearly indicate on the back the color specification, date and submittal number. 4. Reflective Vinyl Sheet: minimum 8” by 10” for each color required. 5. Examples of all graphic image process, including materials, methods, colors and finishes, for maps, patterns, imagery, letters, numbers and other graphic devices. 6. Dimensional Characters: Full-size representative samples of each dimensional character type required, showing style, color, and material finish and method of attachment to sign background. 7. Full Size Prototype Sign(s) and Sign Components: Full size Prototype Sign(s) and select Sign Components may be requested as part of the submittal process. a. The full size prototype sign may be constructed / installed in place. b. The prototype sign(s) and requested sign components shall be fabricated of all materials, process, colors and finishes as outlined in the design intent draw-ings. c. The installed prototype sign may ultimately be used as a component of the system. d. The OWNER shall provide exact location and messages for the prototype sign(s). e. A line item shall be included on the BID FORM for the quantity of and types of prototype sign(s) and Sign com-ponents required for the submittal process. D. All cost associated with sample submittals, including mobilization, product data, shop drawings, mock-ups, samples and other submittals shall be included within the Lump Sum Bid Proposal. E. Fabrication and Installation of requested proto-types shall be included in the CONTRACTORS overall project schedule. F. No additional time will be granted by the OWNER to the CONTRACTOR for the prototype fabrication / installation time or for time lost due to non-conforming materials, colors or other component associated with the completed proto-type. 1.6 QUALITY ASSURANCE A. Installer Qualifications: An authorized and professionally trained representative of sign manufacturer for installation and maintenance of units required for this Project. B. Contractor shall be capable of providing replacement message panels within 10 working days of receipt of order. C. Source Limitations: Provide all signs as a single source manufacturer, unless incorporation of unique products is called for. Do not use sub-contractors to fabricate signage. D. Product Options: Drawings indicate size, profiles, and dimensional requirements of post and panel signs and are based on the specific type indicated. 1. Do not modify intended aesthetic effects, as judged solely by the DESIGNER except with DESIGNER’S approval. If modifications are proposed, submit comprehensive explanatory data to DESIGNER for review. 2. CONTRACTORS suggested modifications and/or products shall not increase the cost or schedule of project. 22 27Merje Technical Specifications_2017_v1 of 1. 10437 – PYLON SIGNS, ELECTRONIC MESSAGE BOARDS and CHANNEL LETTERS E. Electrical Components, Devices, and Accessories: Listed and labeled as defined in NFPA 70, Article 100, by a testing agency acceptable to authorities having jurisdiction, and marked for intended use. 1.7 DELIVERY AND HANDLING A. Delivery and Handling. Ship and deliver all signs and sign components in the appropriate protective covering and crating to fully protect all sign components and surfaces against damage. 1. Remove all protective covering, as required per product manu-facturer instructions, in order to maintain warranties. B. Defects. All delivered sign components shall be delivered free of any defect, including, but not limited to scratches, chips, cracking, dents, peeling, bubbling, adhesive glue / tape marks, marker writings, undesirable film coatings or other visual distractions or defects. 1. Contractor shall be responsible for full replacement of all sign components that are delivered on site or to the location dam-aged, at no cost to the OWNER. 2. Contractor shall be responsible for full replacement of all sign components that are delivered on site or to the location defec-tive, causing the product warranty to become null or void, at no cost to the OWNER. C. Storage. The CONTRACTOR shall follow all third party, manufacturer and/or product storage instructions, procedures and requirements for all sign components. Including protection methods, protective materials, protective material removal (including instructions and timeframes), sequencing of events, environmental conditions for storage, overall storage requirements, stacking of products /materials and any other requirements. 1. Any failure by the CONTRACTOR to follow the storage requirements that cause for loss or void of warranty, product effectiveness or performance, will require complete and total replacement of all effected materials and products at no cost to the OWNER. This includes, but is not limited to, posts, panels, vinyl sheeting, paint, brackets or any other sign component. 1.8 COORDINATION A. Coordinate installation of anchorages for pylon signs. Furnish setting drawings, templates, and directions for installing anchorages and other items that are to be embedded in concrete. Deliver such items to Project site in time for installation. B. Coordinate delivery time so signs can be installed within 24 hours of receipt at Project site. 1.9 WARRANTY A. Contractors Warranty Period: Contractor shall provide a warranty of 3 years from date of Substantial Completion, for all workmanship associated with the fabrication and installation of the sign system this includes, but is not limited to the following: 1. the posts, panels, footers, sign faces, materials, mounting methods and fasteners shall be free of defects, including. but not limited to; scaling, peeling, fading, warping, vinyl shrinking, adhesion, welds, structural integrity, corrosion, electrical components or mechanical fastener failure. B. Product and Manufacturers Warranties. CONTRACTOR shall pass on to the OWNER and honor all associated third-party product warranties, including, but not limited to vinyl sheeting (reflective and non-reflective), inks, vinyl overlays, paint, coatings and hardware. 1. All paints, clearcoats, reflective vinyls and non-reflective vinyls shall be free of defects, including. but not limited to; scaling, peeling, fading, warping, vinyl shrinking, adhesion or any other type of failure for the following time periods; a. Paint Warranty: Minimum 7 yearsb. Reflective Vinyl/Custom Color Warranty: Minimum 8 yrs.c. Non-Reflective Vinyl Warranty: Minimum 10 years C. Warranty Period Commencement: Warranty period begins for each individual unit, upon the date the OWNER provides a written acceptance of a singular unit or group of units. 2. PRODUCTS 2.1 MATERIALS AND APPLICATION PROCESSES A. Aluminum Sheet and Plate: ASTM B 209 (ASTM B 209M), alloy and temper recommended by aluminum producer and finisher for type of use and finish indicated, and with at least the strength and durability properties of alloy 6061-T6. B. Aluminum Extrusions: ASTM B 221 (ASTM B 221M), alloy and temper recommended by aluminum producer and finisher for type of use and finish indicated, and with at least the strength and durability properties of alloy 6061-T6. C. Paints: Material Preparation and Paint Performance 1. Sign components shall be pre-drilled in proper locations prior to any pre-treatment process. 2. It is important for the metal surface to be free of oil, dust, and moisture to ensure a good chemical bond with the primer. 3. Pre-treatment: All surfaces shall be cleaned, primed, and pre-treated as required by manufacturers guidelines prior to finishing. 4. Masking and spraying. All masking shall be executed with pre-letter spaced vinyl legends, assembled on sign panel or wall prior to spraying. No hand-cut masks shall be used. 5. Clear Coat: Apply a fully compatible protective UV / Anti-Graffiti Clearcoat to all painted, printed, and vinyl surfaces. Contractor shall verify all clear coat product warranties and compatibility of the clear coat products to the applied surfaces. 6. Finished work shall be crisp, accurate, visibly free from flow lines, streaks, bleeding, blisters, cracking, peeling or other imperfections in the dry-film state, without overspray, or rounded corners. 7. Screened Messages: Execute all silkscreen printing in such a manner that all edges and corners of finished letterforms are true and clean. Letterforms, color areas, graphics, or lines with rounded corners, edge buildup or bleeding, saw-toothing, etc. will not be accepted. D. Paint: Processes and Paint Type 1. Paint Type: All paints utilized on the project shall be designed and formulated specifically for the signage industry and for exterior use. 2. Processes a. CONTRACTOR shall follow paint manufacturers instructions, sequencing and procedural requirements to insure full product performance and warranties are maintained at the highest level possible for all Primers, Topcoats, Clearcoats, Cleaners and Additives. b. this includes but is not limited to metal surface preparation, priming of surfaces, spray gun PSI, panel positioning during spraying/drying, adequate coverage, environmental conditions such as temperature and humidity, recommended dry times for subsequent coats and for proceeding to next step in fabrication process, second/additional coat procedures, applying clear coats, cleaning final product and storage during fabrication and shipping. 3. Manufacturers and Colors: Per DESIGN INTENT DRAWINGS or approved equal. 4. Paint Type / Acrylic Polyurenthane, Baked Enamel, Powder Coat and Specialty / Custom Coatings. a. Per the DESIGN INTENT DRAWINGS, apply paint specified to the sign components indicated b. Use only a paint formulated specifically for exterior signage. Apply exactly by the manufacturers instructions, sequencing and procedural requirements c. Include required quantity and types of compatible top coat and/or clearcoats per manufacturers recommendations. d. For Acrylic Polyurethane, utilize a matte enamel finishe. For Baked Enamel Finish: AA-C12C42R1x (Chemical Finish: cleaned with inhibited chemicals; Chemical Finish: acid-chromate-fluoride-phosphate conversion coating; Organic Coating: as specified below). Apply baked enamel complying with paint manufacturer’s written instructions for cleaning, conversion coating, and painting. Organic Coating: Thermosetting, modified-acrylic enamel primer/topcoat system complying with AAMA 2603 except with a minimum dry film thickness of 1.5 mils , medium gloss. E. Structural Steel: 1. Hot-Rolled Structural-Steel Shapes: ASTM A 36/A 36M or ASTM A 529/A 529M. 2. Steel Tubing or Pipe: ASTM A 500, Grade B. 3. Steel Members Fabricated from Plate or Bar Stock: ASTM A 529/A 529M or ASTM A 572/A 572M, 42,000-psi (290-MPa) minimum yield strength. 4. Bolts for Steel Framing: ASTM A 307 or ASTM A 325 (ASTM A 325M) as necessary for design loads and connection details. 5. For steel exposed to view on completion, provide materials selected for surface flatness, smoothness, and freedom from surface blemishes. Do not use materials whose surfaces exhibit pitting, seam marks, roller marks, rolled trade names, or roughness. F. Colored Coatings for Plastic Sheet: Nonfading coatings, including inks and paints for copy and background colors. Use coatings that are recommended by manufacturers for optimum adherence to type of plastic used. 23 27Merje Technical Specifications_2017_v1 of 1. 10437 – PYLON SIGNS, ELECTRONIC MESSAGE BOARDS and CHANNEL LETTERS G. Non-Reflective Vinyl and Graphics: 1. Single Vinyl Product: All vinyl sheeting, inks and overlays shall maintain the same manufacturer and required specifications. Mixing products, processes or materials from different manufacturers, that voids warranties is not permitted. 2. Color Application: Color of vinyl material is to be integral to the material and not surface applied unless specifically noted. 3. Translucent Graphics. Use 3M Scotchcal translucent film or approved equal H. Reflective Sheeting 1. Single Vinyl Product and Manufacturer: All vinyl sheeting, inks and overlays shall maintain the same manufacturer and required specifications. Mixing products, processes or materials from different manufacturers is not permitted. 2. Reflective Sheeting. 3M 3930 High Intensity Reflective Sheeting or approved equal that meets MUTCD requirements for Community Wayfinding Signage (MUTCD Section 2D.50) 3. Color Application. Color background and characters shall be printed with approved compatible and fully warranty inks directly to reflective vinyl surface. Inks used in the screen printing and digital printing process must be designed for use on highway signs and recommended by the sheeting manufacturers. Inks used must be warranted to be effective for a period of time commensurate with the warranted life of the reflective sheeting. 4. Sheeting & Substrate Application. Series 3930 sheeting incor-porates a pressure sensitive adhesive and shall be applied to the sign substrate at temperature of 65˚F/18˚C or higher by any of the following methods: a. Mechanical squeeze roll applicator – refer to 3M Information Folder (IF) 1.4 for specifications.b. Hand squeeze roll applicator – refer to 3M IF 1.6 for spec-ifications. 5. Splices: Series 3930 sheeting must be butt spliced when more than one piece of sheeting is used on one piece of substrate. The sheeting pieces should not touch each other. This is to prevent buckling as the sheet expands in extreme temperature and humidity exposure. 6. Seam Placement. Seams are not preferred. When practical, all seams should run horizontal and be located along horizontal visual graphics where the seams will be as inconspicuous as possible. a. If the height of a sign panel is greater then 48 inches, the 3M 3930 material should be oriented vertically with stripes at 0 degrees, to avoid the seaming of material. 7. Material Substrate. Aluminum sheets and extrusions prepared based on vinyl manufacturers specifications and guidance. Plastic substrates are NOT acceptable. 8. Legend / Message and Background: When a white message appears on a dark background, the background shall be printed the intended color (inks directly applied to reflective sheeting) and the copy, rule lines and arrows shall “knockout” of the background. Per MUTCD, Section 2D.50, both Message and Background shall be retro-reflective. 9. Imaging Custom Colors (3M). Custom colors shall be applied to high intensity prismatic sheeting by the following imaging methods describe below or approved equal; a. Thermal Transfer Printing: 3M Series 3930 sheeting may be imaged with 3M Thermal Transfer Ribbon Series TTR2300 in conjunction with the Matan SprinG3 or Matan Spot4 thermal transfer printers. b. 3M 3930 Sheeting and Color Application shall be covered with 3M ElectroCut Film 1170 Clear UV/Anti-Graffiti overlaminate. Refer to Product Bulletin for 3M 1170 for fabrication procedures and specifications. c. Preferred Printer. 3M Series 3930 sheeting may be imaged by the Durst RHO 161 TS printer. d. Preferred Vendor: Sherine Industries: (604) 513-1887. 10. Imaging Standard Manufacturer Colors (3M). Per 3M guide-lines, Standard manufacturer colors may be applied to high intensity prismatic sheeting by the following imaging methods describe below or approved equal; a. Vinyl Graphic Films: Scotchcal Vinyl Series 7720 and Series 7725 may be used to provide copy for traffic con-trol signs on high intensity prismatic sheeting. Both mate-rials then must be covered with 3M ElectroCut Film 1170 Clear UV/Anti-Graffiti overlaminate. Refer to Scotchcal product literature for more information. b. Screen Processing: Series 3930 sheeting may be screen processed into traffic signs before or after mount-ing on a sign substrate, using 3M Process Colors Series 880I or Series 880N. Refer to 3M IF 1.8 for more details. c. Both, 3M ElectroCut Films and Screen Processing Inks shall be covered with 3M ElectroCut Film 1170 Clear UV/Anti-Graffiti overlaminate. Refer to Product Bulleting 1170 for fabrication procedures. I. Warranty. All color application methods utilizing 3M Series 3930 reflective sheeting as the base layer, shall be warrantied for a minimum period of eight (8) years and shall not excessively fade, discolor, crack, craze, peel, blister, bubble, tear or lose reflectivity such that the signs become visually unsuitable for their intended purpose. J. Custom High Pressure Laminate Graphic Panels 1. Description: Custom High Pressure Laminate (CHPL) material composed of required layers of phenolic resin impregnated brown kraft filler paper to produce specified thicknesses, surfaced by a layers of melamine overlay, graphics imaged on saturation grade paper with UV resistant pigment based process color inks, and with an optically clear UV overlay that will resist no less that 99% of all sunlight and UV rays, as well as provides a graffiti resistant surface that allows for removal with standard cleaners. 2. Process: For purposes of this specification, layers of material described A.1 are to be assembled, and heat / pressure consolidated at approximately 1200 PSI at temperatures exceeding 275° Fahrenheit at manufacturer’s prescribed time frames. All manufacturing processes of printing, pressing, machining, finishing and crating to be accomplished within a single stand alone manufacturing facility to ensure consistent quality control and providing standard product delivery times of three weeks. 3. Artwork: The graphic material and images are to be supplied by and under the supervision of the Designer or Owner. To include mechanicals, text, photographs, transparencies, film and other graphic source materials incorporated into digital graphic production artwork files in manufacturer’s required file formats. All graphics must be assembled by computer designers familiar with and experienced in the process of digital printing and submitting production artwork files that meet the artwork requirements of the manufacturer. 4. Acceptable Manufacturer: iZone Imaging, 2526 Charter Oak Dr., Suite 100, Temple, NY 76502. Tel: 888.464.9663, Email: info@izoneimaging.com, Web: http://www.izoneimaging.co,m - or Approved Equal Vendor K. Dye-Sublimated Printed Graphic Panels (see Section 09999: Decorative Metal Coatings / Dye-Sublimation Process. 2.2 ACCESSORIES A. Fasteners: Use concealed, fasteners fabricated from metals that are noncorrosive to sign material and mounting surface. Where fasteners are exposed, use tamper resistant fasteners. B. Anchors and Inserts: Use stainless-steel or hot-dip galvanized anchors and inserts. Use torque-controlled expansion-bolt devices for drilled-in-place anchors. Furnish inserts, as required, to be set into concrete. C. Concrete for Postholes: Comply with requirements “Cast-in- Place Concrete” for normal-weight, air-entrained, poured in place ready-mix CLASS B concrete with a minimum 28-day compressive strength of 4000 psi, unless otherwise indicated. D. Raceways: Paint raceway structures to match color of building structure, so that the raceways shall be as inconspicuous as possible. 2.3 FABRICATION: GENERAL A. General: Provide signs, message boards and channel letters of configurations indicated. 1. Welded Connections: Comply with AWS standards for recommended practices in shop welding. Provide welds behind finished surfaces without distortion or discoloration of exposed side. Clean exposed welded surfaces of welding flux and dress exposed and contact surfaces. Chemical welding is not an acceptable substitute. 2. Mill joints to tight, hairline fit. Form joints exposed to weather to exclude water penetration. 3. Preassemble signs in the shop to greatest extent possible. Disassemble signs only as necessary for shipping and handling limitations. Clearly mark units for reassembly and installation, in location not exposed to view after final assembly. 4. Conceal fasteners if possible; otherwise, locate fasteners where they will be inconspicuous. 5. Single ground mounted signs shall meet criteria as specified in State DOT standard index relative to aluminum materials and structural supports for signs. 24 27Merje Technical Specifications_2017_v1 of 1. 10437 – PYLON SIGNS, ELECTRONIC MESSAGE BOARDS and CHANNEL LETTERS 2.4 STRUCTURES (includes Sign Framework and Raceways) A. Base: Provide pylon signs with integral base consisting of channels, angles, plates, or other fittings. Drill holes in members for anchor-bolt connection. 1. Provide anchor bolts of size required for connecting base to concrete foundations. B. Internal Frames: Manufacturer’s standard internal aluminum or steel framing system, designed to withstand wind pressure indicated. Provide welded construction using mitered joints. Cut, drill, and tap units to receive hardware, bolts, and similar items. 1. Hot-dip galvanize steel framing system after fabrication to comply with ASTM A 123/A 123M. C. External Frames: Manufacturer’s standard external aluminum or steel framing system designed to withstand design wind pressure indicated and for direct attachment of sign message panels. Provide welded construction using mitered joints. Cut, drill, and tap units to receive hardware, bolts, and similar items. 1. Frame Finish: Match finish of panels. 2. Corner Condition: Square corners, unless otherwise indicated on DESIGN INTENT DRAWING. 2.5 SIGN PANEL / FACES A. General: Provide smooth sign panel surfaces constructed to remain flat under installed conditions within a tolerance of plus or minus 1/16 inch measured diagonally from corner to corner. 1. Coordinate dimensions and attachment methods to produce message panels with closely fitting joints. Align edges and surfaces with one another in the relationship indicated. 2. Increase metal thickness or reinforce with concealed stiffeners or backing materials as needed to produce surfaces without distortion, buckles, warp, or other surface deformations. 3. Continuously weld joints and seams, unless other methods are indicated; grind, fill, and dress welds to produce smooth, flush, exposed surfaces with welds invisible after final finishing. 4. All roadside break-away panels and posts shall conform to the State DOT standards and all municipal regulations. B. Sign Face / Aluminum Panels: Produce smooth sign panel surfaces, constructed to remain flat under installed conditions within a tolerance of plus or minus 1/16 inch (1.5 mm) measured diagonally from corner to corner. 1. Panel Material: 0.125-inch- (3.2-mm-) thick aluminum sheet 2. Panel Finish: Manufacturer’s standard semi gloss finish with UV inhibitors. 3. Provide clips welded to back of panels for installation without visible fasteners. C. Sign Face / Channel Letters: Material, thickness, color and finish as indicated in DESIGN INTENT DRAWINGS. D. Illuminated Units (SIgns and Channel Letters): Make provisions for servicing and for concealed connection to electric service. Coordinate electrical characteristics with those of the power supply provided. 2.6 GRAPHICS A. Reflective Vinyl Graphics: See PART 2. PRODUCTS B. Non-Reflective Graphics: See PART 2. PRODUCTS C. Screen-printed Graphics: See PART 2. PRODUCTS D. Surface-Applied Dimensional Characters: Cut copy characters from solid material of thickness indicated. Produce precisely cut characters with square-cut, smooth edges. Apply to exposed face of sign panel with concealed fasteners. 1. Material: As indicated on Design Intent Drawings. 2. See Section 10436: Post & Panel Signs and Dimensional Letters. E. Fabricated Channel Letters / Logos: Finish and/or paint materials as indicated in DESIGN INTENT DRAWINGS. 2.7 ALUMINUM FINISHES A. Comply with NAAMM’s “Metal Finishes Manual for Architectural and Metal Products” for recommendations for applying and designating finishes. B. Finish designations prefixed by AA comply with the system established by the Aluminum Association for designating aluminum finishes. C. Class I, Clear Anodic Finish: AA-M12C22A41 (Mechanical Finish: nonspecular as fabricated; Chemical Finish: etched, medium matte; Anodic Coating: Architectural Class I, clear coating 0.018 mm or thicker) complying with AAMA 611. D. Class I, Color Anodic Finish: AA-M12C22A42/A44 (Mechanical Finish: nonspecular as fabricated; Chemical Finish: etched, medium matte; Anodic Coating: Architectural Class I, integrally colored or electrolytically deposited color coating 0.018 mm or thicker) complying with AAMA 611. 1. Color: Match Architect’s sample E. Baked-Enamel Finish: AA-C12C42R1x (Chemical Finish: cleaned with inhibited chemicals; Chemical Finish: acid-chromate-fluoride-phosphate conversion coating; Organic Coating: as specified below). Apply baked enamel complying with paint manufacturer’s written instructions for cleaning, conversion coating, and painting. 1. Organic Coating: Thermosetting, modified-acrylic enamel primer/topcoat system complying with AAMA 2603 except with a minimum dry film thickness of 1.5 mils (0.04 mm), medium gloss. F. High-Performance Organic Coating Finish (Fluoropolymer Two-Coat System): AA-C12C40R1x (Chemical Finish: cleaned with inhibited chemicals; Chemical Finish: conversion coating; Organic Coating: Manufacturer’s standard two-coat, thermocured system consisting of specially formulated inhibitive primer and fluoropolymer color topcoat containing not less than 70 percent polyvinylidene fluoride resin by weight). Prepare, pretreat, and apply coating to exposed metal surfaces to comply with coating and resin manufacturer’s written instructions and AAMA [2604] [2605]. G. High-Performance Organic Coating Finish (Fluoropolymer Three-Coat System): AA-C12C40R1x (Chemical Finish: cleaned with inhibited chemicals; Chemical Finish: conversion coating; Organic Coating: Manufacturer’s standard three-coat, thermocured system consisting of specially formulated inhibitive primer, fluoropolymer color coat, and clear fluoropolymer topcoat, with both color coat and clear topcoat containing not less than 70 percent polyvinylidene fluoride resin by weight). Prepare, pretreat, and apply coating to exposed metal surfaces to comply with coating and resin manufacturer’s written instructions and AAMA 2605. 1. Color and Gloss: As selected by DESIGNER H. ELECTRONIC MESSAGE BOARD / FULL COLOR AND MONOCHROME LED SIGNS 1. Daktronics Series: Galaxy GS6 15.85 MM or approved equal. CONTRACTOR shall reference Daktronics Product Manuals and Specifications for most current requirements, 2. 15.85 MM TECHNICAL SPECIFICATIONS a. Character Height: 4.4” (7 pixel font)b. Line Spacing: 15.85 mm (0.62”)c. Pixel Configuration:Monochrome: 1 red or 1 amber / RGB:1 red, 1 green, 1 blued. Maximum Brightness: Monochrome red: 4,500 nits / Monochrome amber: 6,000 nits / RGB: 12,000 nitse. Monochrome Color Capability: 4,096 shades of red or amberf. Full Color Capability: RGB: 281 trillion colorsg. Optimal Viewing Angle: 140 degrees horizontal x 70 degrees verticalh. Readability Angle: 160 degrees horizontal x 90 degrees vertical / Min Viewing Distance: 37’ 3. PRODUCT FEATURES a. All sealed componentsb. Quick connects c. Mounting clipsd. High-contrast louverse. Redundant module signalf. Large sections for fast installationg. Front ventilation on displays less than 7’ - 0” tall h. Same module size and cabinet size for all pixel pitchesi. Shallow cabinet depth and narrow cabinet borders 4. GENERAL SPECIFICATIONS a. Estimated LED Lifetime: min 100,000+ hoursb. Contrast Enhancement: Non-reflective black louvers and module face grooves disperse lightc. Message Capability: Text, graphics, logos, basic anima-tion, video clips, multiple font styles, and sizesd. Control Software: Venus® Control Suitee. Power: 120, 120/240 VAC Single Phasef. Display Dimming: 64 levels (Automatic, scheduled or man-ual control)g. Communication Options: Ethernet Fiber Optic, Ethernet Bridge Radio, Remote Cellular, Ethernet CAT5 h. Operating Temperature: -40°F to 120°F with 99% RH non-condensingi. Compliance Information: UL and cUL Listed, UL-Energy Verified,j. FCC compliancek. Warranty Coverage: 5 yearsl. Product Support: Parts support for 10 years 5. DISPLAY CONFIGURATIONS a. Single Faced and Double Faced as noted on DESIGN INTENT DRAWINGS 25 27Merje Technical Specifications_2017_v1 of 1. 3. EXECUTION 3.1 INSTALLATION A. Excavation: In firm, undisturbed or compacted soil, drill or (using a post-hole digger) hand-excavate holes for posts to diameters and spacing indicated. 1. Excavate hole depths as required by structural engineer. 2. Set anchor bolts, mounting sleeves and other embedded items required for installation. Use templates furnished by suppliers of items to be attached. B. When installing a sign on an existing structure, the Contractor shall investigate, research, analyze and confirm structural integrity of the proposed structure. 1. Contractor’s structural engineer shall provide all necessary calculations and drawings necessary to sign and seal the required shop drawings. Existing Structures may include, but are not limited to utility poles, lamp posts, buildings, canopies, awnings, bridges, or existing sign structures. C. Install signs level, plumb, and at height indicated in the contract documents, with surfaces free from distortion or other defects in appearance. All signs installed shall conform to State DOT’s and MUTCD for offsets and standard heights. D. Prior to any digging the contractor shall contact all required utility companys. Including, but not limited to Water, Gas, Electric, Fiber-Optics, Cable, Telephone, etc.). It is the responsibility of the Contractor to coordinate all calls, utility checks and footer production so that it will not delay the installation of the sign program. E. Installer shall coordinate sequencing, excavation, delivery, installation and clean-up with all related or unrelated construction projects tat may effect their work, including; buildings, streetscaping, roadwork or utility projects. F. Installer shall coordinate all excavation, delivery, installation and clean-up with adjacent businesses and property owners. G. CONTRACTOR shall replace all surfaces with like materials. All new surfaces adjacent to and within 10’ feet of post, including the entire excavated area shall be returned to the same condition and quality, including, materials, finish and grading that was present prior to excavation. H. When locating a footer within a single pavement block (max. 5’-0” x 5’-0”), adjacent to at least 2 expansion joints, the entire block of pavement shall be removed and replaced with the same materials and finish of adjacent sidewalk areas. I. Lateral Offsets: Per MUTCD, State and Municipal requirements, J. Contractors representatives will be present at all field surveys and site markings prior to installation, responsibilities will include; 1. Measuring and marking out (spray paint) final sign location number and placement 2. Recording measurements of sign placement from nearest intersection or fixed structure. 3. Recording any field conditions that may alter or revise design intent or placement of sign. 4. Record special field conditions, including custom pavers, colored concrete or other surface treatments that will require treatments. 5. Record all message, sign type and location revisions, additions or subtractions that effect the production or installation of the sign program. This information shall be forwarded to the Owner and Designer for review and approval. K. Check / Stop / Ask (Obvious Errors): CONTRACTOR shall, when at all practical, confirm a sign message in the field prior to installation. 1. CONTRACTOR shall notify the DESIGNER and OWNER of any obvious incorrect message, spelling, arrow direction, pictogram and any other graphic elements OR any condition in the envi-ronment (new or previously identified) that reduces the sign(s)effectiveness, visibility or creates a situation where the sign is presenting incorrect information or creates a hazard (regardless of its safety factor or simple common sense). a. Conditions in the environment include, but are not limited to any element, new or previously identified that may block the visibility of the sign, its overall effectiveness or not meet standard codes or municipal requirements, including ADA. Elements include, trees or tree branches blocking the sign, existing signs (newly installed or previously iden-tified), or any other physical objects (hanging plants, ban-ners, awnings, parking meters, trash cans, etc.) 2. Failure to notify the OWNER and DESIGNER of any obvious error or faulty condition prior to installation will result in the CONTRACTOR replacing the sign or rectifying the condition in the environment, at no additional cost to the OWNER or DESIGNER. 3. Delays in the project caused by the non-installation of a sign (error / omission) shall be reviewed by the OWNER and the OWNER shall determine if additional time may be added to the end-date of substantial completion. 3.2 CLEANING A. At completion of installation, clean soiled surfaces of sign units according to manufacturer’s written instructions. This shall be included within the lump sum cost of the project. B. CONTRACTOR shall provide the OWNER with instructions, processes and a list of materials for the proper and correct cleaning of signs. Information provided shall not void any project warranties 3.3 TRAFFIC CONTROL A. Develop general Maintenance and Protection of Traffic plans for vehicular and pedestrian traffic in accordance with the current MUTCD, State DOT and Municipal requirements. Details for traffic control device must conform to the standard State DOT details. B. The contractor shall apply for all permits required by the OWNER and municipality for the purposes of traffic control. The cost for all permits and coordination shall be included within the Lump Sum Bid Proposal; this includes but is not limited to equipment, manpower, police presence or any other devices or personnel required for traffic control. 3.4 REMOVAL OF EXISTING SIGNS A. The contractor shall remove all existing wayfinding, directional and trailblazer signs as indicated in the Comments section of the project Message Schedule. This work shall be sequenced and coordinated with the installation of the new sign program. B. Removal of existing signs shall be included in the CONTRACTORS, Lump Sum Project Cost. 1. CONTRACTOR shall confirm with the OWNER prior to sub-mitting their bid, if removing the entire footer is included in the project scope of work. C. Removal shall be completed prior to the installation of the new sign component. 1. Removal of existing signs shall be scheduled and coordinated to minimize the time between the removal and installation of the new sign program. 2. Removal of the signs shall include all sign components to the below grade connection to the footer. D. CONTRACTOR shall coordinate the proper location, site or recycling center with the OWNER for the disposal of the signs. 3.5 ATTIC STOCK A. Contractor shall supply attic stock components of posts, sign panels, brackets and other components as requested and as outlined on the Bid Form. B. If requested by the owner, contractor may provide storage space for attic stock. The cost of this will be a negotiated fee between the city and the contractor on, per square footage basis. END OF SECTION 10437 - PYLON SIGNS 10437 – PYLON SIGNS, ELECTRONIC MESSAGE BOARDS and CHANNEL LETTERS 26 27Merje Technical Specifications_2017_v1 of 1. 01730 - REMOVALS, CUTTING, AND PATCHING 1. PART 1 GENERAL 1.1 Related Project Conditions, Procedures and Work Requirements A. Section 00550: General Conditions B. Section 01320: Construction Progress Documentation C. Section 01781: Project Record Documents D. Section 10436: Post & Panel Signs and Dimensional Letters E. Section 10437: Pylon Signs, Electric. Message Brds & Channel Ltrs. F. Section 03050: Cast-In-Place Concrete 1.2 PROJECT CONDITIONS A. Removal of Existing Signs: See Sections 10436 and 10437 B. Existing Conditions: Do not disturb existing structures, construction, materials or equipment unless required by the CONTRACT 1. Do not cut, drill or remove structural members such as joists, beams or columns supporting construction that is to remain unless expressly required by the CONTRACT DOCUMENTS.. C. Existing Paint: Assume existing painted surfaces to contain lead based paints. Take precautions as required to prevent spread of lead containing particles and dust. D. Items to Remain the Property of the OWNER: The following items shall remain the property of the State and shall be stored at the site where directed: 1. To be determined by the OWNER and provided to contractor at pre-construction meeting or prior to installation at a specific sign location. 2. PART 2 PRODUCTS 2.1 MATERIALS A. CONTRACTOR shall replace all surfaces with like materials. All new surfaces adjacent to and within 10’ feet of post, including the entire excavated area shall be returned to the same condition and quality, including, materials, finish and grading that was present prior to excavation. B. When locating a footer within a single pavement block (max. 5’-0” x 5’-0”), adjacent to at least 2 expansion joints, the entire block of pavement shall be removed and replaced with the same materials and finish of adjacent sidewalk areas. 3. PART 3 EXECUTION 3.1 EXAMINATION A. Prior to cutting, drilling or removal, investigate both sides of the surface involved. Determine the exact location of structural members. B. If unforeseen obstructions are encountered, take precautions necessary to prevent damage and obtain instructions from the Owner’s Representative before proceeding with the Work. 3.2 PREPARATION A. Prepare existing surfaces properly to receive and, where required, bond with the Work. 3.3 REMOVALS, CUTTING, AND ALTERING A. In addition to the items indicated to be removed on the Drawings, remove existing construction superseded by the Work except items such as pipes, conduits, recessed boxes, and ducts which are built into existing construction that is to remain. Cut off and conceal such items at face of remaining construction. Provide cover plates on recessed boxes. B. Remove and alter existing construction as required to install and connect the Work to adjacent construction in an approved manner. C. Cut and alter existing materials as required to perform the Work. Limit cutting to the smallest amount necessary. Core drill round holes and saw cut other openings where possible. D. Perform cutting, drilling, and removals in a manner which will prevent damage to construction which is to remain. E. Perform removal of items to remain the property of the State with such care as necessary to prevent damage to these items. 3.4 PATCHING A. Patch existing construction and finishes defaced, damaged, or left incomplete due to alterations and removals. Patching, except as otherwise indicated, shall be limited to the areas which have been cut or altered. Finish patched surfaces to match existing adjacent surfaces as closely as practicable. B. Perform patching around items penetrating existing construction in a manner that will maintain the water and fire resistive capability of the existing construction. C. Paint patched areas and cover plates to match existing adjacent surfaces using same type of paint. Painting, except as otherwise indicated, shall be limited to the areas which have been patched. D. Where surfaces exposed by removals are to remain as exposed surfaces, paint such areas to match existing adjacent surfaces as closely as practicable using same type of paint. 3.5 REINSTALLATION A. Where reinstallation of removed items is indicated, reinstall them to a condition equal to or better than their condition before removal. END OF SECTION 01730 - REMOVALS, CUTTING AND PATCHING 625-010-10 ROADWAY DESIGN OGC - 08/17 Page 9 of 12 Section No. 15150000 CAFA No. EXHIBIT “B” SPECIAL PROVISIONS 625-010-10 ROADWAY DESIGN OGC - 08/17 Page 10 of 12 Section No. 15150000 CAFA No. EXHIBIT “C” TERMS AND CONDITIONS FOR INSTALLATION OF THE PROJECT The City of Clearwater will have available a fully fabricated sign for the FDOT contractor at or before the time of construction. The City will be responsible for storing the sign until the FDOT contractor is ready for installation. Should the sign not ready by the time construction begins, the installation will be the sole responsibility of the City. In the instance the sign is not ready installation and coordination efforts will need to be though Pinellas Operations. 625-010-10 ROADWAY DESIGN OGC - 08/17 Page 11 of 12 Section No. 15150000 CAFA No. EXHIBIT “D” AGENCY RESOLUTION Insert copy of signed Resolution #21-25 625-010-10 ROADWAY DESIGN OGC - 08/17 Page 12 of 12 Section No. 15150000 CAFA No. EXHIBIT “E” NOTICE OF COMPLETION AND RESPONSIBLE PROFESSIONAL’S CERTIFICATE OF COMPLIANCE NOTICE OF COMPLETION COMMUNITY AESTHETIC FEATURE AGREEMENT Between THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION and The City of Clearwater PROJECT DESCRIPTION: In accordance with the Terms and Conditions of the Community Aesthetic Feature Agreement, the undersigned provides notification that the work authorized by this Agreement is complete as of , 20 . By: Name: Title: RESPONSIBLE PROFESSIONAL’S CERTIFICATION OF COMPLIANCE In accordance with the Terms and Conditions of the Community Aesthetic Feature Agreement, the undersigned certifies that all work which originally required certification by a Professional Engineer has been completed in compliance with the Project construction plans and specifications. If any deviations have been made from the approved plans, a list of all deviations, along with an explanation that justifies the reason to accept each deviation, will be attached to this Certification. Also, with submittal of this certification, the Agency shall furnish the Department a set of “as-built” plans certified by the Engineer of Record. By: SEAL: Name: Date: Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9504 Agenda Date: 8/5/2021 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 9.5 SUBJECT/RECOMMENDATION: Appoint one member to the Municipal Code Enforcement Board to fill the remainder of an unexpired term until October 31, 2022. SUMMARY: APPOINTMENT WORKSHEET BOARD: Municipal Code Enforcement Board TERM: 3 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Required RESIDENCY REQUIREMENT: City of Clearwater SPECIAL QUALIFICATIONS: Appointments shall be made on the basis of experience or interest in the subject matter jurisdiction of the code enforcement board and wherever possible shall include an architect, a business person, an engineer, a general contractor, a subcontractor and a realtor. MEMBERS: 7 VICE-CHAIRPERSON: Kerry Fuller MEETING DATES: 4th Wed., 1:30 p.m. Nov. and Dec. - TBA APPOINTMENTS NEEDED: 1 THE FOLLOWING ADVISORY BOARD MEMBER HAS RECENTLY RESIGNED AND NOW REQUIRES REPLACEMENT BY A NEW APPOINTEE: 1. Michael Mannino - 1212 Sedeeva Circle S., 33755 - Business, Finance, Real Estate Original Appointment: 1/18/18 (was serving 1st term to expire 10/31/22) THE NAMES BELOW ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCY: 1. Steven Voras - 1101 Stevenson Ave., 33755 - Engineer 2. Michael Wixted - 1200 Gulf Blvd., #1904, 33767 - Retired Special Agent Zip codes of current members: 2 at 33755; 1 at 33756; 1 at 33764; 2 at 33767 Page 1 City of Clearwater Printed on 8/4/2021 File Number: ID#21-9504 Current Categories: 1 Business Owner 1 Civil Engineer 1 Production/Tour Manager 1 Real Estate Consultant 1 Real Estate Investor 1 RN, Artist, Business Owner Page 2 City of Clearwater Printed on 8/4/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9462 Agenda Date: 8/5/2021 Status: Other CouncilVersion: 1 File Type: Council Discussion Item In Control: Council Work Session Agenda Number: 11.1 SUBJECT/RECOMMENDATION: Ocean Allies/Amplify Clearwater Anti Litter Campaign Poster - Councilmember Beckman SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/4/2021