Loading...
05/19/2022Thursday, May 19, 2022 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 May 19, 2022City 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 (May 18) 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 Red Cross Presentation - Dr. Ken Guidera - Board Member & Community Volunteer Liaison; Eric Corliss - Regional CEO with the American Red Cross 4.2 Older Americans Month 2022 Proclamation - Ann Marie Winter, Executive Director-Area Agency on Aging of Pasco & Pinellas, Inc. 4.3 EMS Week Proclamation - Anthony Tedesco, EMS Division Chief 4.4 National Safe Boating Week Proclamation - May 21 - 28, 2022 Page 2 City of Clearwater Printed on 5/17/2022 May 19, 2022City Council Meeting Agenda 4.5 National Public Works Week Proclamation - May 15-21, 2022 - Tara Kivett, Engineering Director 5. Approval of Minutes 5.1 Approve the minutes of the May 5, 2022 City Council Meeting as submitted in written summation by the City Clerk. 6. Citizens to be heard re items not on the agenda 7. Consent Agenda The Consent Agenda contains normal, routine business items that are very likely to be approved by the City Council by a single motion. These items are not discussed, and may all be approved as recommended on the staff reports. Council questions on these items were answered prior to the meeting. The Mayor will provide an opportunity for a Councilmember or a member of the public to ask that an item be pulled from the Consent Agenda for discussion. Items pulled will receive separate action. All items not removed from the Consent Agenda will be approved by a single motion of the council. 7.1 Authorize a purchase order to Olameter DPG, LLC, of Wauwatosa, WI for natural gas distribution main and service line locating services, in an annual not-to-exceed amount of $790,000.00 for the initial term of May 1, 2022 through April 30, 2023, with the option of three, one-year renewal options, pursuant to Invitation to Bid # 08-22, and authorize the appropriate officials to execute same. (consent) 7.2 Accept a Gas Utility Easement from Belleview Biltmore Country Club Corp. for the construction, installation, and maintenance of gas utility facilities on real property located at 1 Country Club Ln, Belleair FL, 33756. (consent) 7.3 Approve an increase to Purchase Order 21000951 to Geosyntec Consultants, Inc. of Boca Raton, FL for supplemental site work and project management at the former manufactured gas plant (MGP) site located at 777 Maple St, Clearwater, FL in the amount of $72,400.00 for a new total of $138,300.00, pursuant to RFQ 26-19, Engineer of Record, and authorize the appropriate officials to execute same. (consent) Page 3 City of Clearwater Printed on 5/17/2022 May 19, 2022City Council Meeting Agenda 7.4 Approve an Interlocal Agreement between City of Largo, City of Pinellas Park, City of St. Petersburg, City of Tarpon Springs, Pinellas County, Pinellas County Sheriff, and the City of Clearwater to establish the Pinellas Regional Information Management Enterprise (PRIME) for the purpose of implementing, operating, and maintaining a new unified Computer-Aided Dispatch and Records Management System for public safety entities in Pinellas County, and authorize the appropriate officials to execute same. (consent) 7.5 Accept Florida Department of Transportation (FDOT) Grant Agreement Amendment (No. 438512-1-94-01) in the amount of $65,000 for the Clearwater Airpark Security System Upgrade Project and authorize the appropriate officials to execute same. (consent) 7.6 Approve a proposal from J. Kokolakis Contracting, Inc. of Tarpon Springs, FL for construction of Clearwater Harbor Marina Wave Attenuator (22-0008-MA), at the Guaranteed Maximum Price (GMP) of $2,289,695.00 pursuant to RFQ 40-20, CMAR Continuing Contracts; approve Supplemental Work Order 2 to Erickson Consulting Engineers, Inc. of Sarasota, FL for Construction Engineering and Inspection Services (CEI) in an amount of $39,270.00 for a new total of $254,870.00 pursuant to RFQ 26-19, EOR Continuing Contracts, and authorize the appropriate officials to execute same. (consent) 7.7 Approve purchase orders to Hydranautics of Oceanside, CA, and Toray Membrane USA, Inc, of Poway, CA for the supply of reverse osmosis membranes in the cumulative annual not-to-exceed amount of $300,000.00 for an initial period of one year, with the option for two, one-year renewal options, pursuant to Invitation to Bid (ITB) 14-22, and authorize the appropriate officials to execute same. (consent) 7.8 Approve a contract to Tencarva Machinery CO LLC, dba Hudson Pump and Equipment Associates, Inc of Greensboro, NC for additional SmartCover Systems associated with Wastewater system manhole sewage level monitoring equipment in a not-to-exceed amount of $400,000.00 for the term of May 20, 2022 through November 30, 2023, pursuant to Clearwater Code of Ordinances Section 2.563(1)(d), Non-competitive purchases (Impractical), and authorize the appropriate officials to execute same. (consent) 7.9 Authorize a one-year extension to the current purchase order with Jet Age Fuel, Inc. of Clearwater, FL, for the purchase of unleaded and diesel fuel; increase the purchase order by $500,000.00 bringing the total amount to $3,200,000.00 for term October 1, 2022, through September 30, 2023, pursuant to Invitation to Bid (ITB) 37-19; and authorize the appropriate officials to execute same. (consent) 7.10 Request for authority to settle case of City of Clearwater v. Hunstein, et al., Case No. 21-005056-CI. (consent) Page 4 City of Clearwater Printed on 5/17/2022 May 19, 2022City Council Meeting Agenda 7.11 Request for authority to settle case of Dekker v. City of Clearwater, Case No. 19-2569-CI. (consent) Public Hearings - Not before 6:00 PM 8. Administrative Public Hearings - Presentation of issues by City staff - Statement of case by applicant or representative (5 min.) - Council questions - Comments in support or opposition (3 min. per speaker or 10 min maximum as spokesperson for others that have waived their time) - Council questions - Final rebuttal by applicant or representative (5 min.) - Council disposition 8.1 Approve the annexation, initial Future Land Use Map designations of Residential Low (RL) and Water and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1827 Audubon Street and pass Ordinances 9540-22, 9541-22, and 9542-22 on first reading. (ANX2021-12019) 8.2 Approve a Future Land Use Map Amendment from the Residential/Office General (R/OG) category to the Commercial General (CG) category for a portion of property located at 1640 Gulf to Bay Boulevard and pass Ordinance 9554-22 on first reading. (LUP2022-01001) 8.3 Approve 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 an unaddressed parcel on Otten Street and pass Ordinances 9567-22, 9568-22, and 9569-22 on first reading. (ANX2022-03005) 8.4 Continue to a date Uncertain: 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 1272 Sedeeva Circle N. and pass Ordinances 9564-22, 9565-22, and 9566-22 on second reading. (ANX2021-06011) Page 5 City of Clearwater Printed on 5/17/2022 May 19, 2022City Council Meeting Agenda 9. Quasi-Judicial Public Hearings 1. Staff states its recommendation and briefly summarizes its reasons for the recommendation and submits record (minutes, staff report, and application) adduced before the Community Development Board (2 minutes). 2. Applicant presents case, including its testimony and exhibits (15 minutes). 3. Staff presents further evidence (10 minutes). 4. Public comment. 5. City Council discussion. 6. Applicant may call witnesses in rebuttal (5 minutes). 7. Conclusion by applicant (3 minutes). 8. Decision. 9.1 Approve a Zoning Atlas Amendment from the Office (O) District to the Commercial (C) District for a portion of property located at 1640 Gulf to Bay Boulevard and pass Ordinance 9555-22 on first reading. (REZ2022-01001) 10. Second Readings - Public Hearing 10.1 Adopt Ordinance 9556-22 on second reading, amending the future land use element of the Comprehensive Plan of the city to change the land use designation for certain real property whose post office address is 609 Blanche B. Littlejohn Trail, Clearwater, Florida, 33755 from Institutional (I) to Residential Urban (RU). 10.2 Adopt Ordinance 9557-22 on second reading, amending the Zoning Atlas of the city by rezoning certain real property whose post office address is 609 Blanche B. Littlejohn Trail, Clearwater, Florida, 33755, from Institutional (I) to Low Medium Density Residential (LMDR). 10.3 Adopt Ordinance 9561-22 on second reading, annexing certain unaddressed real properties located on the east side of US Highway 19 North approximately 1,170 feet south of Sunset Point Road, all in Clearwater, Florida 33759 into the corporate boundaries of the city and redefining the boundary lines of the city to include said additions. 10.4 Adopt Ordinance 9562-22 on second reading, amending the future land use element of the Comprehensive Plan of the city to designate the land use for certain unaddressed real properties located on the east side of US Highway 19 North approximately 1,170 feet south of Sunset Point Road, all in Clearwater, Florida 33759, upon annexation into the City of Clearwater as US 19-Neighborhood Center (US19-NC). Page 6 City of Clearwater Printed on 5/17/2022 May 19, 2022City Council Meeting Agenda 10.5 Adopt Ordinance 9563-22 on second reading, amending the Zoning Atlas of the city by zoning certain unaddressed real properties located on the east side of US Highway 19 North approximately 1,170 feet south of Sunset Point Road, all in Clearwater, Florida 33759, upon annexation into the City of Clearwater, as US 19. 10.6 Adopt Ordinance 9571-22 on second reading, vacating the 10-foot wide platted utility easement located on Lots 9 and 10, Block X, Bay Terrace and Bay Terrace Addition, according to the map or plat thereof, as recorded in Plat Book 13, Page 22 of the public records of Pinellas County, Florida. 11. City Manager Reports 11.1 Designate an underwriting team consisting of BofA Securities, Inc.; J.P. Morgan Securities LLC; Raymond James and Associates; RBC Capital Markets, LLC; and Wells Fargo Securities, to provide investment banking services to manage future negotiated bond sales for the City of Clearwater and adopt Resolution 22-11. 11.2 Approve the Selection Committee’s recommendation for the Venue Management Operator RFQ and authorize city staff to engage in negotiations with Global Spectrum, LP dba OVG360 of Philadelphia, PA for the purpose of establishing an operating agreement for the Imagine Clearwater Performance Amphitheater. 12. City Attorney Reports 13. Closing comments by Councilmembers (limited to 3 minutes) 14. Closing Comments by Mayor 15. Adjourn Page 7 City of Clearwater Printed on 5/17/2022 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0475 Agenda Date: 5/19/2022 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: Red Cross Presentation - Dr. Ken Guidera - Board Member & Community Volunteer Liaison; Eric Corliss - Regional CEO with the American Red Cross SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/17/2022 Hurricane Season: Preparedness with the American Red Cross of Tampa Bay PRESENTERS Eric Corliss –Regional CEO Ela Landegger –Board of Directors, Vice Chair American Red Cross: Our Mission Statement 1 American Red Cross: Our Five Lines of Services 2 Service to the Armed Forces Disaster Services Blood Services Training Services International Services American Red Cross: Central Florida & US Virgin Islands Region 3 Billion Dollar Disaster Trend 4 Hurricane Season: Protect your Home & Business Hurricane Season: Preparedness Education for Kids Hurricane Season: Before the Storm ▪Begin 120-hour timeline ▪Depending on the path of the storm, shift resources across the region for anticipated sheltering and/or recovery needs ▪Contact local emergency management teams and community partners for readiness planning 7 Hurricane Season: During the Storm ▪Workforce continues with their roles until given the full stop order prior to the storm’s approach ▪Everyone goes to their designated locations to ride out the storm ▪Resume plans when the storm has passed, and it is safe to travel 8 Hurricane Season: After the Storm ▪Check for damage and injuries to our workforce, clients, and facilities ▪Resume moving resources ▪Provide meals and clean up supplies to the impacted community ▪Work with partners to fill any needs that we can 9 Hurricane Season: Steps to Recovery ▪Conduct damage assessment ▪Continue to work with community partners and FEMA ▪Provide impacted clients with sheltering, comfort kits, casework, financial assistance, mental health services, and spiritual care 10 Hurricane Season: Local Red Cross Resources 11 #RedCrossCentralFlorida #RedCrossCFL #RedCrossCentralFlorida Hurricane Season: Local Red Cross Communication ▪Emails/texts/calls/visits from the chapter Executive Director and Community Volunteer Leads (CVLs) and Elected Official Liaisons (EOLs) ▪Disaster Cycle Services workforce in constant contact with local emergency management teams 12 Hurricane Season: Volunteers Needed 13 Hurricane Season: Call to Action 14 www.redcross.org/PrepareFlorida Be Red Cross Ready Presentations Available every 1st & 3rd Thursday @ 5 PM Contact Us! ▪Eric Corliss Regional CEO 404-308-4333 Eric.Corliss@redcross.org ▪Dr. Ken Guidera Board Member & CVL Ken.Guidera2@redcross.org ▪Ela Landegger Board Member, Vice Chair & Regional Preparedness Lead Ela.Landegger2@redcross.org 15 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0486 Agenda Date: 5/19/2022 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by government agencies or groups providing formal updates to Council will be limited to ten minutes.) In Control: Council Work Session Agenda Number: 4.2 SUBJECT/RECOMMENDATION: Older Americans Month 2022 Proclamation - Ann Marie Winter, Executive Director-Area Agency on Aging of Pasco & Pinellas, Inc. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/17/2022 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0410 Agenda Date: 5/19/2022 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by government agencies or groups providing formal updates to Council will be limited to ten minutes.) In Control: Council Work Session Agenda Number: 4.3 SUBJECT/RECOMMENDATION: EMS Week Proclamation - Anthony Tedesco, EMS Division Chief SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/17/2022 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0411 Agenda Date: 5/19/2022 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: 4.4 SUBJECT/RECOMMENDATION: National Safe Boating Week Proclamation - May 21 - 28, 2022 Page 1 City of Clearwater Printed on 5/17/2022 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0484 Agenda Date: 5/19/2022 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: 4.5 SUBJECT/RECOMMENDATION: National Public Works Week Proclamation - May 15-21, 2022 - Tara Kivett, Engineering Director SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/17/2022 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0428 Agenda Date: 5/19/2022 Status: Agenda ReadyVersion: 1 File Type: MinutesIn Control: City Council Agenda Number: 5.1 SUBJECT/RECOMMENDATION: Approve the minutes of the May 5, 2022 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 5/17/2022 City Council Meeting Minutes May 5, 2022 Page 1 City of Clearwater City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 Meeting Minutes Thursday, May 5, 2022 6:00 PM Main Library - Council Chambers City Council Draft City Council Meeting Minutes May 5, 2022 Page 2 City of Clearwater Roll Call Present: 5 - Mayor Frank Hibbard, Vice Mayor Kathleen Beckman, Councilmember David Allbritton, Councilmember Mark Bunker and Councilmember Lina Teixeira Also Present: Jon Jennings – City Manager, Micah Maxwell – Assistant City Manager, Michael Delk – Assistant City Manager, David Margolis – 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 – Mayor Hibbard 3. Pledge of Allegiance 4. Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by governmental agencies or groups providing formal updates to Council will be limited to ten minutes.) – Given. 4.1 Economic Development Week Proclamation - May 9, 2022 through May 13, 2022 - Denise Sanderson, Economic Development and Housing Director 5. Approval of Minutes 5.1 Approve the minutes of the April 7, 2022 City Council Meeting as submitted in written summation by the City Clerk. Councilmember Allbritton moved to approve the minutes of the April 7, 2022 City Council Meeting as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. 6. Citizens to be heard re items not on the agenda Patrick Raftery congratulated Councilmembers Allbritton and Teixeira on Draft City Council Meeting Minutes May 5, 2022 Page 3 City of Clearwater their elections. He requested the City provide an opportunity for public input on how the ARPA funds should be spent and suggested that funds be used for items that are not funded or severely under-funded, such as neighborhood infrastructure, business development in underserved areas and housing assistance. It was stated that the City will be hosting strategic planning and ARPA community meetings throughout the city: May 16 at Morningside Recreation Center, May 24 at N. Greenwood Recreation Center, May 31 at Clearwater Beach Recreation Center, and June 1 at Countryside Recreation Center. Meetings will be held from 6:00 p.m. to 7:30 p.m. Richard DeSantis provided Council copies of comments by Rudolph Michalek, requesting consideration to amend the City's conflict of interest policy to include city advisory boards and city staff. Kathleen Agnew suggested using the ARPA funds to implement programming that would benefit children, such as math and science camps, and adults seeking job and trade skill training. Nick Carey supported the City investing ARPA funds in historically underserved communities and using funds to address the affordable housing crisis. He suggested funds also be used for youth programming. Rev. Lee Hall-Perkins expressed concerns regarding the use of ARPA funds. He said the City of St. Petersburg allocated 76% of their ARPA funding for affordable housing and questioned what the City of Clearwater would do with the ARPA funds. Eliseo Santana, Jr. said it was important for members of the community to be engaged so their voices are heard. He expressed concerns with the affordable housing crisis in the community and supported the efforts to provide summer youth employment opportunities. Gloria Campbell recognized Amanda Thompson for being a beacon of hope for the North and South Greenwood communities. She thanked her for her efforts and wished her well. Maranda Douglas supported Council having a transparent conversation with residents regarding the use of ARPA funds. She suggested ARPA funds be used to develop more workforce housing and to assist residents by offsetting increased rents in the area. She supported funds be used to implement youth and adult apprenticeships and family programming Draft City Council Meeting Minutes May 5, 2022 Page 4 City of Clearwater during the summer. Diane Stephens supported ARPA funds be used in the disenfranchised Greenwood community, specifically for youth educational and mental health resources and programming. She suggested having youth programs be held as long as the workdays. Mr. Holuba expressed concerns with the recent DUI arrest of a Clearwater Police Office. He supported disbanding the Clearwater Police Department and contracting Pinellas County Sheriff for law enforcement services. Javante Scott suggested the City expand its internship program by partnering with the private sector to offer students year-long paid internships or apprenticeships where 50% of the salary would be paid by the City. Barbara Cleveland submitted an email expressing concerns with homelessness in downtown and the lack of support for downtown business owners, that the City Clerk read into the record (See page 16). It was stated that the City is holding a meeting to discuss homelessness on Monday at Peace Memorial Church. Mark Birenbaum thanked the City for meeting with residents being impacted by the proposed charter school on Nursery Road. Glenn Wright suggested using ARPA funds for housing insecurity and human trafficking. James Jackson opposed the proposed charter school on Nursery Road. 7. Consent Agenda – Approved as submitted. 7.1 Authorize a purchase order to DevTech Sales, Inc. of Avon Park, FL, to supply natural gas regulators in a not-to-exceed amount of $294,000.00 for term May 1, 2022 through July 31, 2023, pursuant to Invitation to Bid 11-22, and authorize the appropriate officials to execute same. (consent) 7.2 Approve a Purchase Order to Smith Fence Company, of Clearwater, FL, to provide fencing and related services, in the total not-to-exceed amount of $2,200,000.00 through June 22, 2026, pursuant to Clearwater Code of Ordinances Section 2.563(1)(c), Piggyback, and authorize the appropriate officials to execute same. (consent) 7.3 Approve a Contract for Purchase of Real Property located at 1923 N Betty Lane, Draft City Council Meeting Minutes May 5, 2022 Page 5 City of Clearwater Clearwater, FL, in an amount not to exceed $350,000.00; transfer funds from Open Space Impact Fees to Park Land Acquisition (CIP 315-93133) at mid-year, and authorize the appropriate officials to execute same. (consent) 7.4 Approve the Electronic Surveillance Support Team Multi-Agency Voluntary Cooperation Mutual Aid Agreement for law enforcement services between the Florida Department of Law Enforcement (FDLE) and the City of Clearwater, effective upon execution through June 30, 2025, and authorize the appropriate officials to execute same. (consent) 7.5 Approve an increase for purchase order 21000493 to Central Florida Contractors, Inc. of Seminole, FL, for the 2021 Sidewalks project, increasing the contract by $750,000.00 annually for a new annual not to exceed amount of $1,500,000.00 pursuant to Invitation to Bid (ITB) 20-0026-EN, and authorize the appropriate officials to execute same. (consent) 7.6 Ratify and Confirm Change Order 3 from Biltmore Construction, Inc., for the NORD Underground Refuse System (19-0003-SW) in the amount of $127,590.00 increasing the contract from $669,826.00 to $797,416.00 per Request for Qualifications (RFQ) 24-16 Construction Manager at Risk (CMAR); add 250 calendar days to the contract; and authorize the appropriate officials to execute same. (consent) 7.7 Approve an Interlocal Agreement and a Maintenance Agreement between the City of Clearwater and Pinellas County for the installation of wayfinding signage associated with the City’s Wayfinding project (19-0016-EN) and authorize the appropriate officials to execute same. (consent) 7.8 Approve a Work Order to Engineer of Record (EOR) CHA Consulting, Inc., for the Reclaimed Water Master Plan project (21-0018-UT) in the amount of $433,583.00, per Request for Qualifications (RFQ) 26-19 and authorize the appropriate officials to execute same. (consent) 7.9 Approve a Master Agreement and Work Order from McKim and Creed, Inc., of Clearwater, FL, per Request for Qualifications (RFQ) 01-21, for the SCADA Master Plan project (20-0016-UT) in the amount of $732,715.00; approve Supplemental Work Order 1 to Black and Veatch, Inc. of Tampa, FL, for SCADA Master Plan Project Management Services (20-0016-UT) in the amount of $39,630.00, increasing the work order from $90,950.00 to $130,580.00, and authorize the appropriate officials to execute same. (consent) 7.10 Approve Supplemental One Work Order to Mead and Hunt, Inc. of Tampa, FL, for On-Call Traffic Engineering Technical Support Services, 21-0035-EN, in the amount of $205,000.00, increasing the work order from $95,000 to $300,000, pursuant to Request for Qualifications (RFQ) 26-19, Engineer of Record Consulting Services (EOR), and authorize the appropriate officials to execute same. (consent) Draft City Council Meeting Minutes May 5, 2022 Page 6 City of Clearwater 7.11 Approve the Amendment of Commercial Slip License Agreement for the Clearwater Marine Aquarium, Inc. (CMA) Island Estates (IE) Slips and authorize the appropriate officials to execute same. (consent) 7.12 Authorize a purchase order to Xylem, Inc. of Apopka, FL, for the purchase of Flygt Pumps, replacement parts, and factory authorized service, in an annual not-to-exceed amount of $500,000.00 for the period of June 1, 2022 through May 31, 2023 with the option of two, one-year renewals pursuant to Clearwater Code of Ordinances Section 2.563(1)(d), Non-competitive purchases (impractical), and authorize the appropriate officials to execute same. (consent) 7.13 Reappoint Jerri Menaul to the Public Art and Design Board, as the active professional artist representative, with a term to expire April 7, 2026. (consent) 7.14 Reappoint Jason Hood and Patrick Raftery to the Parks and Recreation Advisory Board with terms to expire May 31, 2026. (consent) 7.15 Appoint Kelly Kelly with a term to expire May 31, 2026 and Angela Tisdale to fill the remainder of an unexpired term through July 31, 2024 to the Parks and Recreation Advisory Board. (consent) Vice Mayor Beckman moved to approve the Consent Agenda as submitted and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. Public Hearings - Not before 6:00 PM 8. Administrative Public Hearings 8.1 Approve the request from the owner of property addressed 1180 Starboard Way, Clearwater to vacate the 10-foot-wide platted Utility Easement, located on lots 9 and 10, Block X, Bay Terrace and Bay Terrace Addition, according to the map or plat thereof as recorded in Plat Book 13, Page 22, Public Records of Pinellas County, Florida, and pass Ordinance 9571-22 on first reading. The property owner at 1180 Starboard Way, Clearwater, has requested that the City vacate the 10-foot-wide platted Utility Easement along the center lot line. The house was built on these platted easements in 1975. The lot was previously 2 separate lots. The purpose of this vacation is to provide space for a pool. There are no city utilities present within this easement. All private utility companies have no objection to the vacation provided the Northerly 5-foot Platted Utility Easement remains fully intact with no gap in Easement. The Draft City Council Meeting Minutes May 5, 2022 Page 7 City of Clearwater remaining rear and side lot easements will be sufficient for utility purposes and future city needs. City staff have reviewed this vacation and have no objection. Ordinance 9571-22 was presented and read by title only. Councilmember Bunker moved to approve the request from the owner of property addressed 1180 Starboard Way, Clearwater to vacate the 10-foot-wide platted Utility Easement, located on lots 9 and 10, Block X, Bay Terrace and Bay Terrace Addition, according to the map or plat thereof as recorded in Plat Book 13, Page 22, Public Records of Pinellas County, Florida, and pass Ordinance 9571-22 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Beckman, Councilmember Allbritton, Councilmember Bunker and Councilmember Teixeira 8.2 Approve a Land Use Plan Amendment to change the Future Land Use Map designation from Institutional (I) to Residential Urban (RU) for the property located at 609 Blanche B. Littlejohn Trail and pass Ordinance 9556-22 on first reading. (LUP2022-02002) This Land Use Plan Amendment involves a 0.275-acre vacant property located on the east side of Blanche B. Littlejohn Trail approximately 115 feet south of Eldridge Street. The parcel, owned by the City of Clearwater, is currently vacant; however, the property was previously occupied by a single-family detached dwelling that was demolished in June of 2018. This application is being initiated by the City as a part of an agreement with Habitat for Humanity to sell several contiguous parcels including the subject property to develop workforce housing. Following the Future Land Use Plan Amendment, the parcel’s designation will be consistent with the other three parcels being sold. Ownership of this parcel will be transferred to Habitat for Humanity upon the future land use amendment’s effective date. The request is to change the Future Land Use Map designation of the property from Institutional (I) to Residential Urban (RU). The proposed future land use designation of Residential Urban (RU) is compatible with the surrounding uses which includes single-family and multi-family residential, commercial, and institutional uses that exist in the vicinity of the subject property. A request to rezone the property from the Institutional (I) District to the Low Medium Density Residential (LMDR) District is being processed concurrently with this case (see REZ2022- 02002). An amendment to the Countywide Plan Map will also be required to bring consistency between the city’s Future Land Use Map and the Countywide Plan Map. The applicant understands all necessary approvals and permits must be obtained before development of the subject site occurs. Draft City Council Meeting Minutes May 5, 2022 Page 8 City of Clearwater The Planning and Development Department determined that the proposed Land Use Plan amendment is consistent with the Clearwater Comprehensive Plan and Community Development Code as specified below: • The amendment will further implementation of the Comprehensive Plan consistent with the goals, policies and objectives contained in the Plan. • The amendment is not inconsistent with other provisions of the Comprehensive Plan. • The available uses, if applicable, to which the property may be put are appropriate to the property in question and compatible with existing and planned uses in the area. • Sufficient public facilities are available to serve the subject property. • The amendment will not adversely affect the natural environment. • The amendment will not adversely impact the use of properties in the immediate area. The Community Development Board reviewed this application at its public hearing on April 19, 2022, and unanimously recommended approval. Ordinance 9556-22 was presented and read by title only. Councilmember Teixeira moved to Approve a Land Use Plan Amendment to change the Future Land Use Map designation from Institutional (I) to Residential Urban (RU) for the property located at 609 Blanche B. Littlejohn Trail and pass Ordinance 9556-22 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Beckman, Councilmember Allbritton, Councilmember Bunker and Councilmember Teixeira 8.3 Approve the annexation, initial Future Land Use Map designation of US 19-Neighborhood Center (US 19-NC) and initial Zoning Atlas designation of US 19 for two unaddressed parcels along US Highway 19 North, and pass Ordinances 9561-22, 9562-22, and 9563-22 on first reading. (ANX2021-12020) This voluntary annexation petition involves 6.16 acres of property consisting of two parcels of undeveloped land that are occupied by two existing billboards. The property is located on the east side of US Highway 19 North approximately 1,170 feet south of Sunset Point Road. One billboard is located towards the northwest corner of the site, approximately 125 feet south of the northern property line, and the other billboard is located at the southwest corner of the site, approximately 35 feet north of the southern property line. Based upon a review of historic aerials, the northern billboard appears to have been Draft City Council Meeting Minutes May 5, 2022 Page 9 City of Clearwater constructed around 1967-1968 and the southern one likely sometime between 1975-1979. The applicant is requesting annexation in order to receive sanitary sewer and solid waste service from the City upon site development. The applicant has entered into a proposed annexation agreement pursuant to Section 4-604 of the City of Clearwater Community Development Code to facilitate the voluntary annexation of the property which sets forth three key covenants related to the cooperation between the city, owner, and developer in the redevelopment of the property: acceptance of two existing billboards as nonconforming structures for a specific time period; the provision of sanitary sewer service and solid waste service; and the application of in-city rate for recreation programming. The property is located in an enclave and are contiguous to existing city boundaries in at least one direction. It is proposed that the property be assigned a Future Land Use Map designation of US 19-Neighborhood Center (US 19-NC) and a Zoning Atlas designation of US 19. The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E which establish the standards for annexation as follows: • Upon development of the property, water service will be provided by Pinellas County, and sanitary sewer service will be provided by the City of Clearwater; however, easements will likely be needed to extend sewer service from South Drive or Carlton Drive. The applicant is aware that the City's sewer impact and assessment fees must be paid in full prior to connection and of the additional costs to extend City sewer service 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 McMullen Booth Road. Fire and emergency medical services will be provided to the property by Station #48 located at 1700 North Belcher Road. The City has adequate capacity to serve the property with sanitary sewer, solid waste, police, fire and EMS service. The property will receive water service from Pinellas County. • The proposed annexation is consistent with and promotes the following objectives and policy of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.5 Unincorporated property within the Clearwater Planning Area located within the US 19 Corridor redevelopment Draft City Council Meeting Minutes May 5, 2022 Page 10 City of Clearwater area shall be designated through an amendment to the Future Land Use Map with the appropriate future land use category upon annexation, consistent with the US 19 Regional Center, US 19 Neighborhood Center and US 19 Corridor future boundaries depicted on Map A-17. Consistent with Map A-17, US 19 Corridor Redevelopment Plan Area of the Comprehensive Plan, the US 19-Neighborhood Center shall be applied to the property which primarily permits a mix of uses at a floor area ratio (FAR) of 1.5. The proposed zoning district to be assigned to the property is the US 19 District. Pursuant to Community Development Code Section B-803.B the proposed US 19-Neighborhood Center (US 19-NC) Future Land Use Map category assigned to the property upon annexation will require an amendment to the Countywide Plan Map from Retail & Services (R&S) to Activity Center (AC) to remain consistent. • As indicated above, two billboards are currently located on the site. Community Development Code Section 3-1804.C prohibits billboards and no new billboards can be erected on the property. Applicable Objectives and Policies of the Comprehensive Plan are as follows: Objective A.3.1 All signage within the City of Clearwater shall be consistent with the Clearwater sign code, as found within the Community Development Code, and all proposed signs shall be evaluated to determine their effectiveness in reducing visual clutter and in enhancing the safety and attractiveness of the streetscape. Policy A.3.1.2 Proliferation of billboards along major collector and arterial streets shall be prevented as is currently provided. To ensure consistency with the Clearwater Comprehensive Plan and the Community Development Code, the billboards will enter the city as a temporary nonconforming use. The proposed annexation agreement requires the two nonconforming billboards to be removed from the property by January 1, 2025. Until the billboards are removed, they will be governed by the proposed annexation agreement and Article 6 of the Community Development Code which contains the city’s nonconformity provisions. These provisions will only permit the normal repair and maintenance of the signs and will prohibit any changes being made to the signs that would increase the nonconformity such as changes in materials, increases in height or width, etc. Further, in the event the signs are damaged or destroyed beyond 50% of their value, the signs cannot be repaired or rebuilt and will need to be removed. The annexation agreement also provides for the termporary relocation of the existing signs to another area of the property. • The property proposed for annexation are contiguous to existing city boundaries in at least one direction; therefore, the annexation is Draft City Council Meeting Minutes May 5, 2022 Page 11 City of Clearwater consistent with Florida Statutes Chapter 171.044. Applicant representative Brian Aungst, Jr. reviewed the request and said an FLS Level 1 application for site plan approval was submitted this week for a 270-unit multi-family development. This is the first step in developing this site and bringing it into the city. He said a development order or site plan approval cannot be obtained until the property is annexed into city limits. Ordinances 9561-22, 9562-22, and 9563-22 were presented and read by title only. Vice Mayor Beckman moved to approve the annexation, initial Future Land Use Map designation of US 19-Neighborhood Center (US 19-NC) and initial Zoning Atlas designation of US 19 for two unaddressed parcels along US Highway 19 North, and pass Ordinances 9561-22, 9562-22, and 9563-22 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Beckman, Councilmember Allbritton, Councilmember Bunker and Councilmember Teixeira 9. Quasi-Judicial Public Hearings 9.1 Approve a Zoning Atlas Amendment from the Institutional (I) District to the Low Medium Density Residential (LMDR) District for property located at 609 Blanche B. Littlejohn Trail and pass Ordinance 9557-22 on first reading. (REZ2022-02002) This Zoning Atlas amendment involves a 0.275-acre vacant property located on the east side of Blanche B. Littlejohn Trail approximately 115 feet south of Eldridge Street. The parcel, owned by the City of Clearwater, is currently vacant; however, the property was previously occupied by a single-family detached dwelling that was demolished in June of 2018. This application is being initiated by the City as a part of an agreement with Habitat for Humanity to sell several contiguous parcels including the subject property to develop workforce housing. Following the Zoning Atlas Amendments effective date, the parcel’s zoning district will be consistent with the other three parcels being sold. The request is to change the property’s Zoning Atlas designation from Institutional (I) District to Low Medium Density Residential (LMDR) District. A request to amend the future land use designation of the property from the Institutional (I) to the Residential Urban (RU) is being processed concurrently with this case (see LUP2022-02002). Ownership of this parcel will be transferred to Habitat for Humanity upon the future land use amendment’s effective date. The Planning and Development Department determined that the proposed Draft City Council Meeting Minutes May 5, 2022 Page 12 City of Clearwater Zoning Atlas Amendment is consistent with the Clearwater Community Development Code as specified below: • The proposed amendment is consistent with the Comprehensive Plan and the Community Development Code. • The proposed amendment is compatible with the surrounding property and character of the neighborhood. • The available uses in the Low Medium Density Residential (LMDR) District are compatible with the surrounding area. • The proposed amendment will not adversely or unreasonably affect the use of other property in the area. • The proposed amendment will not adversely burden public facilities, including the traffic-carrying capacities of streets, in an unreasonably or disproportionate manner. • The proposed Low Medium Density Residential (LMDR) District boundaries are appropriately drawn in regard to location and classification of streets, ownership lines, existing improvements, and the natural environment. The Community Development Board reviewed this application at its public hearing on April 19, 2022, and unanimously recommended approval. Ordinance 9557-22 was presented and read by title only. Councilmember Allbritton moved to approve a Zoning Atlas Amendment from the Institutional (I) District to the Low Medium Density Residential (LMDR) District for property located at 609 Blanche B. Littlejohn Trail and pass Ordinance 9557-22 on first reading. The motion was duly seconded and upon roll call, the vote was: . Ayes:5 - Mayor Hibbard, Vice Mayor Beckman, Councilmember Allbritton, Councilmember Bunker and Councilmember Teixeira 10. Second Readings - Public Hearing 10.1 Adopt Ordinance 9549-22 on second reading, annexing certain real property whose post office address is 3065 Cleveland St., Clearwater, Florida 33759 into the corporate boundaries of the city and redefining the boundary lines of the city to include said addition. Ordinance 9549-22 was presented and read by title only. Vice Mayor Bunker moved to adopt Ordinance 9549-22 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Beckman, Councilmember Allbritton, Councilmember Bunker and Councilmember Teixeira Draft City Council Meeting Minutes May 5, 2022 Page 13 City of Clearwater 10.2 Adopt Ordinance 9550-22 on second reading, amending the future land use element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 3065 Cleveland St., Clearwater, Florida 33759, upon annexation into the City of Clearwater as Residential Urban (RU). Ordinance 9550-22 was presented and read by title only. Councilmember Teixeira moved to adopt Ordinance 9550-22 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Beckman, Councilmember Allbritton, Councilmember Bunker and Councilmember Teixeira 10.3 Adopt Ordinance 9551-22 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 3065 Cleveland St., Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Ordinance 9551-22 was presented and read by title only. Councilmember Allbritton moved to adopt Ordinance 9551-22 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Beckman, Councilmember Allbritton, Councilmember Bunker and Councilmember Teixeira 10.4 Adopt Ordinance 9560-22 on second reading, amending Section 2.527, Code of Ordinances, to increase the amount of settlement authority for claims. Ordinance 9560-22 was presented and read by title only. Vice Mayor Beckman moved to adopt Ordinance 9560-22 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Beckman, Councilmember Allbritton, Councilmember Bunker and Councilmember Teixeira Draft City Council Meeting Minutes May 5, 2022 Page 14 City of Clearwater 11. City Manager Reports 11.1 Direct the City Manager to move forward with the surplus and bid process to sell/lease the Bluff properties and direct the City Attorney to prepare referendum questions regarding the sale/lease of the Bluff properties for the November election. The City Manager said staff is seeking council direction regarding the advertisement for selling or leasing the city hall/bluff properties. In response to questions, the City Attorney said there will be at least three opportunities for the public to provide input: first reading of the ordinance establishing the referendum question, second reading of the ordinance establishing the referendum question, and the public hearing for the development agreement. In addition, citizens will have the opportunity to vote on the referendum question on November 8, 2022. Discussion ensued with concerns expressed regarding the condensed timeline. Comments were made that now is the time to proceed since Imagine Clearwater is under construction. Councilmember Bunker moved to direct the City Manager to move forward with the surplus and bid process to sell/lease the Bluff properties and to direct the City Attorney to prepare referendum questions regarding the sale/lease of the Bluff properties for the November election. The motion was duly seconded and carried unanimously. 12. City Attorney Reports – None. 13. Closing comments by Councilmembers (limited to 3 minutes) Councilmember Teixeira said she is surprised by the number of citizens who are engaged and have very passionate views on several issues. For every communication Council receives, another one is received with the exact opposing views. She is inspired by the great work citizens are doing; local non-profits doing great work or the many businesses are opening or expanding. She thanked all the moms out there and wished them a Happy Mother's Day. She wished her daughter Bianca a Happy Birthday. Councilmember Bunker said Tracey McManus recently wrote an article about the federal lawsuit against the Church of Scientology of forcing Draft City Council Meeting Minutes May 5, 2022 Page 15 City of Clearwater child labor. He expressed concerns regarding individuals as young as 6 join the Church forced into labor and treated terribly. Vice Mayor Beckman thanked all for attending the council meeting. She suggested individuals google strategic plans for different municipalities prior to attending any of the upcoming strategic planning community meetings. She asked that staff develop a one-pager on what ARPA is so that individuals have a realistic understanding. She encouraged the public to research what other municipalities are doing with their ARPA allocations. Council will be discussing the amphitheater operation and parking options for Imagine Clearwater. She said council will be discussing the budget and priorities; one gets a good picture of what is valued in a budget. She wished all moms a Happy Mother's Day. Councilmember Allbritton said he is happy about the recent awakening; seeing more people out in the public and having more meetings around the community. He said he will not be at the next work session because he will be in Washington, DC with PSTA for the intermodal center grant application. He wished all moms a Happy Mother's Day. 14. Closing Comments by Mayor Mayor Hibbard reviewed recent and upcoming events. He congratulated Freddy Williams and the Boys & Girls Clubs of the Suncoast the Pinellas Suncoast for receiving a national award. He wished a Happy Mother's Day to all the moms. 15. Adjourn The meeting adjourned at 7:26 p.m. Mayor City of Clearwater Attest City Clerk Draft 16 17 INDIVIDUAL SPEAKER Citizen Comment Card Nam/ /()5 Address: 71.g Jegade,1),k6,--e City: l'''il-rvli' e2 Telephone Number: 7 k v76-7 Email Address: p4,e_e(epi Speaking under citizens to be hear re items not on the agenda? Agenda item(s) to which you wish to speak: On4t What is your position on the item? For/ Against Name: ALDFP7 e_,12f-Pla (? Address: /06)`i 1 f' T 7'h city: d ZFt)1llh Zip: 333 -7 53= - Telephone Number: 127 14 257 Email Address: 4 (1 r -lc c RI;, 5E3 ( icon. Speaking under citizens to be heard re items not on the agenda? L^ Agenda item(s) to which you wish to speak. 777/6.S 4LL What is your position on the item? For Against INDIVIDUAL SPEAKER Citizen Comment Card Q Name: 1'?®CW 6CC3 Address: City: `f+,nh;n\ Telephone Number: zip: VI col Email Address: K%Z.ce TO. 6 "' • 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 INDIVIDUAL SPEAKER Citizen Comment Card Name: Of 3-e kn. ( C) Address: 2_113 \IU AAI f0 --At\ v City: if Oo iC iC zip: 337& Telephone Number: 7 Z7_ Email Address: Speaking under citizens to be and re items not on the agenda? Agenda item(s) to which you wish to speak: C I eC idoiel as .S 0 I What is your position on the item? For Against l./ INDIVIDUAL SPEAKER Citizen Comment Card Name: S74-4( 4-7z,ii14-A) Address:7 /1147-1.64-644-etIV City: Zip: 43 76 7 Telephone Number: 7P7' 4(4z -4454K Email Address:`ie_er(__km b 4e- (n-ter.x . Ga) -vi Speaking under citizens to be heard re items not on the agenda? EJ Agenda item(s) to which you wish to speak: What is your position on the item? For V Against GROUP SPEAKER Citizen Comment Card iO As stated in Council Rules, "Representatives of a group may speak for three minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten minutes." Please have each member of the group in attendance sign and print their name on the reverse of this card. Name: is'61)0146-1-1- Address: 1.3-1S \1L,DWIC,V GX City: 5JGt.l h r Zip: 3 `-i Vt Telephone Number: 7 J `f oZ i (9Sa5 Email Address: J" urn)))Ae1 eckkoicaexaocuut • nct Agenda item to which you wish to speak: d exa ,vA;a— i What is your position on the item? For - Against CLEARWATER BRIGHT AND BEAUTIFUL • BAY TO BEACH GROUP SPEAKER LIST We the undersigned waive our right to speak and designate: as our spokesperson on the subject agenda item. Print Name Signature Print Name Signature Print Name Signature Print Name Signature Print Name Signature Print Name Signature Print Name Signature SOS kL...5oN3 WILD wren C mo Kelt ie nla.l(CIRA) INDIVIDUAL SPEAKER Citizen Comment Card Name: Address: Ca/ilitk(Gz_ Hei„._hna, ek(in- 5(f-i City: C( ,/ /tiill:If/L. Zip: J JS Telephone Number: .114 (415 ES(ti Email Address: C-kel fiL1 L 2S Ev.. Lc YVt. Speaking under citizens to be heard re items not on the agenda? l Agenda item(s) to which you wish to speak: I What is your position on the item? For Against Name: Address: City: Zip: Telephone Number: 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 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 of ten minutes." Please have each member of the group in attendance sign and print their name on the reverse of this card. Name: J,A)C tOb &sada Address:Z I L / U6 m Aioc)- City: Cke1 1ct Zip: 33-24 Telephone Number: R( Email Address 6(C ti - ( o //1,tal1,. 0-01/1/1 Agenda item to which you wish to speak: et,z)-'0( re_ tilAQA,+ What is your position on the item? For Against CLEARWATER BRIGHT AND BEAUTIFUL • BAY TO BEACH Name: p7L % rtke- Address: City; pI /-VK& Zip: PTele hone Number: V/ J 2 L! v D V Email Address: c€.* ehde. lo17 Speaking under citizens to be heard re items not on the agenda? L — Agenda item(s) to which you wish to speak:)? C.::O! /( s th 4 ti4phil-19ver/i4,- What is your position on the item? For !/ Against INDIVIDUAL SPEAKER Citizen Comment Card INDIVIDUAL SPEAKER Citizen Comment Card Name: LC( Address: 2,766 J9 -C' 107IQ_C Cy. r City: _.(. J Zip: 73,-57>5Z6/ r Telephone Number: 72-'7 `-' n-2 Email Address: e- r40/ _ Grosi SpeakingSpeaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak:Y1 ( What is your position on the item? For Against GROUP SPEAKER Citizen Comment Card 3 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: LI 0 S/ N iW Hkat rY City: 1v ) r L Zip: ' 2-2t- Telephone 2c Telephone Number: N(LET 1Z -L e k'i4- 018-3-)(-uLi-6s Email Address: Agenda item to which you wish to speak: What is your position on the item? For Against CLEARWATER BRIGHT AND BEAUTIFUL • BAY TO BEACH GROUP SPEAKER Citizen Comment Card S As stated in Council Rules, "Representatives of a group may speak for three minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten minutes." Please have each member of the group in attendance sign and print their name on the reverse of this card. V Name: C- \Y\-C- Address: .0b:7 • City d Zip: c7kCcki`b Telephone Number: a7) - b Email Address: `NA_C`.k, 0 C C NAT- • C. -0w.., Agenda item to which you wish to speak: What is your position on the item? For Against , CLEARWATER BRIGHT AND BEAUTIFUL • BAY TO BEACH GROUP SPEAKER LIST We the undersigned waive our right to speak and designate: as our spokesperson on the subject agenda item. Print Name Signature Print Name Signature Print Name Signature Print Name Signature Print Name Signature Print Name Signature Print Name Signature GROUP SPEAKER Citizen Comment Card 3 As stated in Council Rules, "Representatives of a group may speak for three minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten minutes." Please have each member of the group in attendance sign and print their name on the reverse of this card. Name: C \/.od\S L `L.A.e Address: 2 S 1 i cr Ac. Lam. C3\.4 City: C\ Zip: 337 S` Telephone Number: 1 2-1- l° ' (o cl Email Address: GVw,cl E 0.5 0-14.4\ • Co"''. Agenda item to which you wish to speak: r- What is your position on the item? For Against I:LEARWATER BRIGHT AND BEAUTIFUL • BAY TO BEACH GROUP SPEAKER Citizen Comment Card 3 As stated in Council Rules, "Representatives of a group may speak for three minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten minutes." Please have each member of the group in attendance sign and print their name on the reverse of this card. Name: Pr acAv\A 1,,v) -(.1(s\,-\ Address: 2-1 1 Z CIry wA. &)-- City: 01 wttF' Telephone Number: Email Address: zip: 3375°1 7Z_7 -c- -SOS v1 . vv\ . c,\/ -C (SLIv‘e,)vv`t"'i I • C-ev\ Agenda item to which you wish to speak: o)4j-cck-V krte,\M-U1/4-4 E - What is your position on the item? For Against V CLEARWATER BRIGHT AND BEAUTIFUL • BAY TO BEACH INDIVIDUAL SPEAKER Citizen Comment Card Name: Address: f Ci \ ' rt. C' 1z_ Zi 7376--• 3 `'] stYP _ 7,7 -7s( -i 4-(Y'• e4 L4 1 t.Jc 4L Telephone Number: tJ tAI\4 -Ce 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 X 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 of ten minutes." ase have each member of the group in attendance sign and print their name on the reverse of this card. Name: Sof. t C'iY Address: 6C) CMe+e, c%a,vttiv. hi (ki City: Cil:CAt Zip: ?k2JD Telephone Number: *-74- Email Address: S tC%lt'VW4/J (t+4.4 Agenda item to which you wish to speak: What is your position on the item? For Against CLEARWATER BRIGHT AND BEAUTIFUL • BAY TO BEACH GROUP SPEAKER LIST We the undersigned waive our right to speak and designate: as our spokesperson on the su Print Name Signature Print Name Signature Print Name Signature Print Name Signature Print Name Signature Print Name Signature Print Name Signature iA 4 e agenda item. o( /tc 46 IVI As stated in Council Rules, "Representatives of a group may speak for three minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten minutes." Please have each member of the group in attendance sign and print their name on the reverse of this card. Name: 2ED FISHR% Address: 939 Qch n e- AlE774OA. Ci Telephone Number: Email Address: f Zip: 5b70/ 77.577 2 11.54er Mrif eaa%. COtt/ Agenda m to which you wish to speak: W0 14-1-1 kevrJ What is your position on the item? For AgainsQS GROUP SPEAKER Citizen Comment Card ') CLEARWATER BRIGHT AND BEAUTIFUL • BAY TO BEACH GROUP SPEAKER Citizen Comment Card 5 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. Kc. _.- C 0 —7—Z7Name: Address: C) i %'' H I 4$e/d City: 7 vL, 'CZ J Zip: 33 3 Telephone Number: ,5/F— gU2 P?9 Email Address: .J c o--r ...J r_#9 Agenda item to which you wish to speak: 0p. C vt What is your position on the item? For Against CLEARWATER BRIGHT AND BEAUTIFUL • BAY TO BEACH GROUP SPEAKER Citizen Comment Card 10 As stated in Council Rules, "Representatives of a group may speak for three minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten minutes." Please have each member of the group in attendance sign and print their name on the reverse of this card. Name: J b1`{Ili VAL- i (5Q1 Address: f gA fku sc S City: wP2) Telephone Number: Zip: 351-0 l 5640 Email Address: n-\.rA-Let\rt-v----oP\e-6Kk--5,,(Arrit Agenda item to which you wish to speak: P What is your position on the item? For Against t• CLEARWATER BRIGHT AND BEAUTIFUL • BAYTO BEACH GROUP SPEAKER LIST We the undersigned waive our right to speak and designate: as our spokesperson on the subject agenda item. Print Name Signature Print Name Signature Print Name Signature Print Name Signature Print Name Signature Print Name Signature Print Name Signature t -t G1,Jeey,2_ Pt r.arZ4. iwcortLf V•llcl.c lr_ I± j/vdtut, INDIVIDUAL SPEAKER Citizen Comment Card Name: S Q(O\ b a 11 i'T Address: G5 retie -q City: C \ ocf zip:n 76 7 Telephone Number: 17-''^ 6 e.4_ 3`323 Email Address: Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak. rcAtheCKArCi What is your position on the item? For Against GROUP SPEAKER Citizen Comment Card f° As stated in Council Rules, "Representatives of a group may speak for three minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten minutes." Please have each member of the group in attendance sign and print their name on the reverse of this card. Name: ISD.66 Address: I° 4- ftWM E -YL) City: N R. Zip: Telephone Number: ` Email Address: k-U4S )9--.0'[ Agenda item to which you.,wvikh to speak: U2- CZN7i12-ACT What is your position on the item? For Against- CLEARWATER BRIGHT ANDBEAUTIFUL • BAY TO BEACH GROUP SPEAKER LIST We the undersigned waive our right to speak and designate: as our spokesperson on the subject agenda item. Print Name Signature Print Name Signature rri^c4 t fit, N Print Name 0;7 NN Signature Agrg' Print Name L V VkoU Signature Print Name Signature 1 Print Name Signature Print Name Signature Yolia.nce iNke-tAcIP-ACP& ,L-h't 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 of ten minutes." Please have each member of the group in attendance sign and print their name on the reverse of this card. Name: G170 1)61\C Address: / 11004 c- City:'n ce h Zip: 3 T 6 YD Telephone Number: 7.27 7 v / s/e10 6 Email Address: 3DvG/' LP- S y (. ,1 . CoN-r Agenda item to which you wish to speak: 4.1-0 re c X, e irk -VT What is your position on the item? For Against 1111 BRIGHT AND BEAUTIFUL • BAY TO BEACH CLEARWATER GROUP SPEAKER LIST We the undersigned waive our right to speak and designate: as our spokesperson on the subject agenda item. Print Name Signature Print Name r Signature Print Name Signature Print Name Signature Print Name Signature Print Name Signature Print Name Signature INDIVIDUAL SPEAKER Citizen Comment Card Name: Address: City: c".' 0 Telephone Number: () C:1 LQ Email Address: (4c) C_o.,.s Ara `\\ 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: Address: City: Zip: Telephone Number: Email Address: Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak• What is your position on the item? For Against INDIVIDUAL SPEAKER Citizen Comment Card Name: 77Ytczna P Address: CdJO City: li(JT Zip: 337[15 Telephone Number: 1-1,-1- - 410- Email L0- Email Address: Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak: A -Yip k% 71f_Jr- 6t,i1 C?rIn What is your position on the item? For Against IL GROUP SPEAKER Citizen Comment Card 3 As stated in Council Rules, "Representatives of a group may speak for three minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten minutes." Please have each member of the group in attendance sign and print their name on the reverse of this card. Name: Ik 7436- 4Sal4 Address: City: ®®"Zip: j Telephone Number: 7 7 (QV` 6) Email Address: SrPsIV (DTI Agenda item to which you wish to speak: DP A -04r What is your position on the item? For Against x t CLEARWATER BRIGHT AND BEAUTIFUL • BAY TO BEACH INDIVIDUAL SPEAKER Citizen Comment Card Name: 1 i )Vi/: 11C Address: p g5' i) S 17L1 l/ / % A' City: ) 1 u/'-r Zip: Telephone Number: 7I7- 1 &6234-7 Email Address: g 1 e 45O,; Lt)4Nrf y 4)0( Speaking under citizens to be heard re items not on the agenda? Agenda items) to which you wish to speak: IA H-fr f- & 11-T6r /144 N4aigib, r7e t \654/s What is your position on the item? For V Against Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0465 Agenda Date: 5/19/2022 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Gas System Agenda Number: 7.1 SUBJECT/RECOMMENDATION: Authorize a purchase order to Olameter DPG, LLC, of Wauwatosa, WI for natural gas distribution main and service line locating services, in an annual not-to-exceed amount of $790,000.00 for the initial term of May 1, 2022 through April 30, 2023, with the option of three, one-year renewal options, pursuant to Invitation to Bid # 08-22, and authorize the appropriate officials to execute same. (consent) SUMMARY: On February 1, 2022, Procurement issued Invitation to Bid (ITB) No. 08-22, Natural Gas Distribution Main & Service Line Locating Services, on behalf of the Clearwater Gas System (CGS). On March 3, 2022, three bids were received however it was later determined that one of the responding vendors were non-responsible to the bid requirements. Both Procurement and CGS are requesting authorization to award this contract to Olameter DPG, LLC, the lowest, most responsible bidder in accordance with the bid specifications. The locating services are in accordance with Florida State law, which requires anyone who plans to dig and/or perform excavation activities in the right of way or on private property to call the Florida Sunshine State One Call (Sunshine 811) and place a locate ticket 48-hrs prior to performing any excavation. Once the locate ticket is received, a line spotter goes out to the site and marks the approximate location of CGS’s distribution main and service gas lines. This will inform the contractor/excavator of the approximate location of our facilities once they commence excavation. In 2021, CGS received approximately 56,000 locate tickets from Sunshine 811. Staff projects the ticket count will be approximately 61,000 over the next 12 months, as construction activities increase. APPROPRIATION CODE AND AMOUNT: Funding is available in Pinellas Gas Maintenance 423-2066 and Pasco Gas Maintenance 423-2173 in the Clearwater Gas System Budget. USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 5/17/2022 1) Heath Consultants Incorporated 2) Olameter DPG, LLC 9030 Monroe Road 11020 W. Plank Court, Suite 100 Houston, TX 77061 Wauwatosa, WI 53226 713.844.1300 318.801.8013 *Certified WBE ADVERTISED: TAMPA BAY TIMES 2/9/2022 POSTED:myclearwater.com 2/1/2022 - 3/3/2022 Due/Opening: March 3, 2022; 10:00 a.m. INVITATION TO BID No. 08-22 Natural Gas Distribution Main & Service Line Locating Services Solicitation Response Listing FOR THE CITY OF CLEARWATER April 29, 2022 NOTICE OF INTENT TO AWARD The Clearwater Gas System and the Procurement Division recommend award of ITB No. 08-22, Natural Gas Distribution Main & Service Line Locating Services, to Olameter DPG, LLC, the lowest most responsible bidder, in accordance with the bid specifications, in the estimated amount of $790,000.00 annually, for a period of one (1) year, with three (3), one (1) year renewal options. This Award recommendation will be considered by the City Council at the May 16, 2022, Work Session (9:00 a.m.) and voted on at the May 19, 2022, Council Meeting (6:00 p.m.). These meetings are held at Clearwater Main Library, at 100 N. Osceola Ave., Clearwater, FL 33755. Inquiries regarding this Intent to Award can be directed to the City’s Procurement Division at (727) 562-4634, or mailed to City of Clearwater, Attn: Procurement Division, PO Box 4748, Clearwater, FL 33758-4748. Posted on this date by: Scott Burrows Scott Burrows Procurement Analyst CITY OF CLEARWATER ITB # 08-22, Natural Gas Distribution Main & Service Line Locating Services DUE DATE: March 3, 2022; 10:00 AM BID TABULATION Item No. Description Est. Quantity (UOM) Unit Price (UOM) Total Price Unit Price (UOM) Total Price 1 Regular Request Locate Ticket 59,000 $13.25 $ 781,750.00 $11.37 $ 670,830.00 2 Short Notice Request Locate Ticket 1,000 $13.25 $ 13,250.00 $11.37 $ 11,370.00 3 Emergency Request Locate Ticket 1,100 $21.21 $ 23,331.00 $31.60 $ 34,760.00 4 Hourly Rate for Other Services 1 $52.00 $ 52.00 $47.39 $ 47.39 5 Quarter Hour Rate for Other Services 1 $13.00 $ 13.00 $11.85 $ 11.85 Total Bid Items 1 – 5: $ 818,396.00 Total Bid Items 1 – 5: $ 717,019.24 Heath Consultants Incorporated Olameter DPG, LLC Page 1 of 2 CITY OF CLEARWATER ITB # 08-22, Natural Gas Distribution Main & Service Line Locating Services DUE DATE: March 3, 2022; 10:00 AM BID TABULATION Heath Consultants Incorporated Olameter DPG, LLC Page 2 of 2 v. 11.2018 Procurement Division 100 S Myrtle Ave 33756-5520 PO Box 4748 33758-4748 Clearwater FL 727-562-4633 INVITATION TO BID #08-22 Natural Gas Distribution Main & Service Line Locating Services February 1, 2022 NOTICE IS HEREBY GIVEN that sealed bids will be received by the City of Clearwater (City) until 10:00 A.M., Local Time, March 3, 2022, to provide Natural Gas Distribution Main and Service Line Locating Services. Brief Description: Clearwater Gas System (CGS) seeks qualified vendors to provide all labor, materials, incidental items and equipment necessary for Natural Gas Distribution Main and Service Line Locating Services. Bids must be in accordance with the provisions, specifications and instructions set forth herein and will be received by the Procurement Division until the above noted time, when they will be publicly acknowledged and accepted. Bid packets, any attachments and addenda are available for download at: https://www.myclearwater.com/business/rfp Please read the entire solicitation package and submit the bid in accordance with the instructions. This document (less this invitation and the instructions) and any required response documents, attachments, and submissions will constitute the bid. General, Process or Technical Questions concerning this solicitation should be directed, IN WRITING, to the following Procurement Analyst: Eryn Berg Procurement Analyst Eryn.Berg@myclearwater.com This Invitation to Bid is issued by: Lori Vogel, CPPB Procurement Manager lori.vogel@myclearwater.com INSTRUCTIONS Natural Gas – Line Locating Services 2 ITB #08-22 i.1 VENDOR QUESTIONS: All questions regarding the contents of this solicitation, and solicitation process (including requests for ADA accommodations), shall be directed solely to the contact listed on page 1. Questions should be submitted in writing via letter, fax or email. Questions received less than ten (10) calendar days prior to the due date and time may be answered at the discretion of the City. i.2 ADDENDA/CLARIFICATIONS: Any changes to the specifications will be in the form of an addendum. Addenda are posted on the City website no less than seven (7) days prior to the Due Date. Vendors are cautioned to check the Purchasing Website for addenda and clarifications prior to submitting their bid. The City cannot be held responsible if a vendor fails to receive any addenda issued. The City shall not be responsible for any oral changes to these specifications made by any employees or officer of the City. Failure to acknowledge receipt of an addendum may result in disqualification of a bid. i.3 VENDOR CONFERENCE / SITE VISIT: Yes No Mandatory Attendance: Yes No Date and Time: n/a Location: n/a If so designated above, attendance is mandatory as a condition of submitting a bid. The conference/site visit provides interested parties an opportunity to discuss the City's needs, inspect the site and ask questions. During any site visit you must fully acquaint yourself with the conditions as they exist and the character of the operations to be conducted under the resulting contract. i.4 DUE DATE & TIME FOR SUBMISSION AND OPENING: Date: March 3, 2022 Time: 10:00 A.M. (Local Time) The City will open all bids properly and timely submitted and will record the names and other information specified by law and rule. All bids become the property of the City and will not be returned except in the case of a late submission. Respondent names, as read at the bid opening, will be posted on the City website. Once a notice of intent to award is posted or 30 days from day of opening elapses, whichever occurs earlier, bids are available for inspection by contacting the Procurement Division. i.5 BID FIRM TIME: 90 days from Opening Bid shall remain firm and unaltered after opening for the number of days shown above. The City may accept the bid, subject to successful contract negotiations, at any time during this time. i.6 BID SECURITY: Yes No If so designated above, a bid security in the amount specified must be submitted with the bid. The security may be submitted in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, or cashier's check payable to the City of Clearwater (personal or company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to the City. Such bid security shall be forfeited to the City of Clearwater should the bidder selected fail to execute a contract when requested. PERFORMANCE SECURITY: Yes, equal to the annual bid amount No If required herein, the Contractor, simultaneously with the execution of the Contract, will be required to furnish a performance security. The security may be submitted in one-year increments and in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, cashier's check or money order payable to the City of Clearwater (personal and company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to INSTRUCTIONS Natural Gas – Line Locating Services 3 ITB #08-22 the City. If the Contractor fails or refuses to fully comply with the terms and conditions of the contract, the City shall have the right to use all or such part of said security as may be necessary to reimburse the City for loss sustained by reason of such breach. The balance of said security, if any, will be returned to Contractor upon the expiration or termination of the contract. i.7 BID SUBMITTAL TO: It is recommended that bids be submitted electronically through our bids website at https://www.myclearwater.com/business/rfp. Bidders may mail or hand-deliver bids to the address below. E-mail or fax submissions will not be accepted. Use label at the end of this solicitation package. City of Clearwater Attn: Procurement Division 100 S Myrtle Ave, 3rd Fl, Clearwater FL 33756-5520 or PO Box 4748, Clearwater FL 33758-4748 No responsibility will attach to the City of Clearwater, its employees or agents for premature opening of a bid that is not properly addressed and identified. i.8 LATE BIDS. The bidder assumes responsibility for having the bid delivered on time at the place specified. All bids received after the date and time specified shall not be considered and will be returned unopened to the bidder. The bidder assumes the risk of any delay in the mail or in handling of the mail by employees of the City of Clearwater, or any private courier, regardless whether sent by mail or by means of personal delivery. You must allow adequate time to accommodate all registration and security screenings at the delivery site. A valid photo I.D. may be required. It shall not be sufficient to show that you mailed or commenced delivery before the due date and time. All times are Clearwater, Florida local times. The bidder agrees to accept the time stamp in the City Procurement Office as the official time. i.9 LOBBYING; LOBBYING NO-CONTACT PERIOD; QUESTIONS REGARDING SOLICITATION. From the time a competitive solicitation is posted until such time as the contract is awarded by the city or the solicitation is cancelled, all bidders, offerors, respondents, including their employees, representatives, and other individuals acting on their behalf, shall be prohibited from lobbying city officers, city employees, and evaluation committee members. Violation of this section may result in rejection/disqualification from award of the contract arising out of the competitive solicitation. All questions regarding the competitive solicitation must be directed to the procurement manager or designee, who will respond in writing and post such response to ensure that all respondents receive the same information during the No-Contact Period. The penalty for violating the No-Contact Period may include suspension or debarment. i.10 COMMENCEMENT OF WORK. If bidder begins any billable work prior to the City’s final approval and execution of the contract, bidder does so at its own risk. i.11 RESPONSIBILITY TO READ AND UNDERSTAND. Failure to read, examine and understand the solicitation will not excuse any failure to comply with the requirements of the solicitation or any resulting contract, nor shall such failure be a basis for claiming additional compensation. If a vendor suspects an error, omission or discrepancy in this solicitation, the vendor must immediately and in any case not later than seven (7) business days in advance of the due date notify the contact on page one (1). The City is not responsible for and will not pay any costs associated with the preparation and submission of the bid. Bidders are cautioned to verify their bids before submission, INSTRUCTIONS Natural Gas – Line Locating Services 4 ITB #08-22 as amendments to or withdrawal of bids submitted after time specified for opening of bids may not be considered. The City will not be responsible for any bidder errors or omissions. i.12 FORM AND CONTENT OF BIDS. Unless otherwise instructed or allowed, bids shall be submitted on the forms provided. An original and the designated number of copies of each bid are required. Bids, including modifications, must be submitted in ink, typed, or printed form and signed by an authorized representative. Please line through and initial rather than erase changes. If the bid is not properly signed or if any changes are not initialed, it may be considered non-responsive. In the event of a disparity between the unit price and the extended price, the unit price shall prevail unless obviously in error, as determined by the City. The City may require that an electronic copy of the bid be submitted. The bid must provide all information requested and must address all points. The City does not encourage exceptions. The City is not required to grant exceptions and depending on the exception, the City may reject the bid. i.13 SPECIFICATIONS. Technical specifications define the minimum acceptable standard. When the specification calls for “Brand Name or Equal,” the brand name product is acceptable. Alternates will be considered upon demonstrating the other product meets stated specifications and is equivalent to the brand product in terms of quality, performance and desired characteristics. Minor differences that do not affect the suitability of the supply or service for the City’s needs may be accepted. Burden of proof that the product meets the minimum standards or is equal to the brand name, product, is on the bidder. The City reserves the right to reject bids that the City deems unacceptable. i.14 MODIFICATION / WITHDRAWAL OF BID. Written requests to modify or withdraw the bid received by the City prior to the scheduled opening time will be accepted and will be corrected after opening. No oral requests will be allowed. Requests must be addressed and labeled in the same manner as the bid and marked as a MODIFICATION or WITHDRAWAL of the bid. Requests for withdrawal after the bid opening will only be granted upon proof of undue hardship and may result in the forfeiture of any bid security. Any withdrawal after the bid opening shall be allowed solely at the City’s discretion. i.15 DEBARMENT DISCLOSURE. If the vendor submitting this bid has been debarred, suspended, or otherwise lawfully precluded from participating in any public procurement activity, including being disapproved as a subcontractor with any federal, state, or local government, or if any such preclusion from participation from any public procurement activity is currently pending, the bidder shall include a letter with its bid identifying the name and address of the governmental unit, the effective date of this suspension or debarment, the duration of the suspension or debarment, and the relevant circumstances relating the suspension or debarment. i.16 RESERVATIONS. The City reserves the right to reject any or all bids or any part thereof; to rebid the solicitation; to reject non-responsive or non-responsible bids; to reject unbalanced bids; to reject bids where the terms, prices, and/or awards are conditioned upon another event; to reject individual bids for failure to meet any requirement; to award by item, part or portion of an item, group of items, or total; to make multiple awards; to waive minor irregularities, defects, omissions, technicalities or form errors in any bid. The City may seek clarification of the bid from bidder at any time, and failure to respond is cause for rejection. Submission of a bid confers on bidder no right to an award or to a subsequent contract. The City is charged by its Charter to make an award that is in the best interest of the City. All decisions on compliance, evaluation, terms and conditions shall be made solely at the City’s discretion and made to favor the City. No binding contract will exist between the bidder and the City until the City executes a written contract or purchase order. i.17 OFFICIAL SOLICITATION DOCUMENT. Changes to the solicitation document made by a bidder may not be acknowledged or accepted by the City. Award or execution of a contract does not constitute acceptance of a changed term, condition or specification unless specifically acknowledged and agreed to by the City. The copy maintained and published by the City shall be the official solicitation document. i.18 COPYING OF BIDS. Bidder hereby grants the City permission to copy all parts of its bid, including without limitation any documents and/or materials copyrighted by the bidder. The City’s right to INSTRUCTIONS Natural Gas – Line Locating Services 5 ITB #08-22 copy shall be for internal use in evaluating the proposal. i.19 CONTRACTOR ETHICS. It is the policy of the City to promote courtesy, fairness, impartiality, integrity, service, professionalism, economy, and government by law in the Procurement process. The responsibility for implementing this policy rests with each individual who participates in the Procurement process, including Respondents and Contractors. To achieve the purpose of this Article, it is essential that Respondents and Contractors doing business with the City also observe the ethical standards prescribed herein. It shall be a breach of ethical standards to: a. Exert any effort to influence any City employee or agent to breach the standards of ethical conduct. b. Intentionally invoice any amount greater than provided in Contract or to invoice for Materials or Services not provided. c. Intentionally offer or provide sub-standard Materials or Services or to intentionally not comply with any term, condition, specification or other requirement of a City Contract. i.20 GIFTS. The City will accept no gifts, gratuities or advertising products from bidders or prospective bidders and affiliates. The City may request product samples from vendors for product evaluation. i.21 PROTESTS AND APPEALS. If a Respondent believes there is a mistake, impropriety, or defect in the solicitation, believes the City improperly rejected its proposal, and/or believes the selected proposal is not in the City’s best interests, the Respondent may submit a written protest. All protests and appeals are governed by the City of Clearwater Purchasing Policy and Procedures. If any discrepancy exists between this Section and the Purchasing Policy, the language of the Purchasing Policy controls. Protests based upon alleged mistake, impropriety, or defect in a solicitation that is apparent before the bid opening must be filed with the Procurement Officer no later than five (5) business days before Bid Opening. Protests that only become apparent after the Bid Opening must be filed within ten (10) business days of the alleged violation of the applicable purchasing ordinance. The complete protest procedure can be obtained by contacting the Procurement Division. ADDRESS PROTESTS TO: City of Clearwater – Procurement Division 100 S Myrtle Ave, 3rd Fl Clearwater FL 33756-5520 or PO Box 4748 Clearwater FL 33758-4748 INSTRUCTIONS – EVALUATION Natural Gas – Line Locating Services 6 ITB #08-22 i.22 EVALUATION PROCESS. Bids will be reviewed by the Procurement Division and representative(s) of the respective department(s). The City staff may or may not initiate discussions with bidders for clarification purposes. Clarification is not an opportunity to change the bid. Bidders shall not initiate discussions with any City employee or official. i.23 PRESENTATIONS/INTERVIEWS. The bidder must provide a formal presentation/interview upon request. i.24 CRITERIA FOR EVALUATION AND AWARD. The City evaluates three (3) categories of information: responsiveness, responsibility, and price. All bids must meet the following responsiveness and responsibility criteria to be considered further. a) Responsiveness. The City will determine whether the bid complies with the instructions for submitting bids including completeness of bid which encompasses the inclusion of all required attachments and submissions. The City must reject any bids that are submitted late. Failure to meet other requirements may result in rejection. b) Responsibility. The City will determine whether the bidder is one with whom it can or should do business. Factors that the City may evaluate to determine "responsibility" include, but are not limited to: excessively high or low priced bids, past performance, references (including those found outside the bid), compliance with applicable laws-including tax laws, bidder's record of performance and integrity - e.g. has the bidder been delinquent or unfaithful to any contract with the City, whether the bidder is qualified legally to contract with the City, financial stability and the perceived ability to perform completely as specified. A bidder must at all times have financial resources sufficient, in the opinion of the City, to ensure performance of the contract and must provide proof upon request. City staff may also use Dun & Bradstreet and/or any generally available industry information. The City reserves the right to inspect and review bidder’s facilities, equipment and personnel and those of any identified subcontractors. The City will determine whether any failure to supply information, or the quality of the information, will result in rejection. c) Price. We will then evaluate the bids that have met the requirements above. i.25 COST JUSTIFICATION. In the event only one response is received, the City may require that the bidder submit a cost proposal in sufficient detail for the City to perform a cost/price analysis to determine if the bid price is fair and reasonable. i.26 CONTRACT NEGOTIATIONS AND ACCEPTANCE. Bidder must be prepared for the City to accept the bid as submitted. If bidder fails to sign all documents necessary to successfully execute the final contract within a reasonable time as specified, or negotiations do not result in an acceptable agreement, the City may reject bid or revoke the award, and may begin negotiations with another bidder. Final contract terms must be approved or signed by the appropriately authorized City official(s). No binding contract will exist between the bidder and the City until the City executes a written contract or purchase order. i.27 NOTICE OF INTENT TO AWARD. Notices of the City’s intent to award a Contract are posted to Purchasing’s website. It is the bidder’s responsibility to check the City of Clearwater’s website at https://www.myclearwater.com/business/rfp to view relevant bid information and notices. i.28 BID TIMELINE. Dates are tentative and subject to change. Release ITB: 2/1/2022 Advertise Tampa Bay Times: 2/9/2022 Bids due: 3/3/2022 Review bids: 3/4/2022 – 3/11/2022 Award recommendation: 3/11/2022 Council authorization: 4/7/2022 Contract begins: April 2022 STANDARD TERMS AND CONDITIONS Natural Gas – Line Locating Services 7 ITB #08-22 S.1 DEFINITIONS. Uses of the following terms are interchangeable as referenced: “vendor, contractor, supplier, proposer, company, parties, persons”, “purchase order, PO, contract, agreement”, “city, Clearwater, agency, requestor, parties”, “bid, proposal, response, quote”. S.2 INDEPENDENT CONTRACTOR. It is expressly understood that the relationship of Contractor to the City will be that of an independent contractor. Contractor and all persons employed by Contractor, either directly or indirectly, are Contractor’s employees, not City employees. Accordingly, Contractor and Contractor’s employees are not entitled to any benefits provided to City employees including, but not limited to, health benefits, enrollment in a retirement system, paid time off or other rights afforded City employees. Contractor employees will not be regarded as City employees or agents for any purpose, including the payment of unemployment or workers’ compensation. If any Contractor employees or subcontractors assert a claim for wages or other employment benefits against the City, Contractor will defend, indemnify and hold harmless the City from all such claims. S.3 SUBCONTRACTING. Contractor may not subcontract work under this Agreement without the express written permission of the City. If Contractor has received authorization to subcontract work, it is agreed that all subcontractors performing work under the Agreement must comply with its provisions. Further, all agreements between Contractor and its subcontractors must provide that the terms and conditions of this Agreement be incorporated therein. S.4 ASSIGNMENT. This Agreement may not be assigned either in whole or in part without first receiving the City’s written consent. Any attempted assignment, either in whole or in part, without such consent will be null and void and in such event the City will have the right at its option to terminate the Agreement. No granting of consent to any assignment will relieve Contractor from any of its obligations and liabilities under the Agreement. S.5 SUCCESSORS AND ASSIGNS, BINDING EFFECT. This Agreement will be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns. S.6 NO THIRD-PARTY BENEFICIARIES. This Agreement is intended for the exclusive benefit of the parties. Nothing set forth in this Agreement is intended to create, or will create, any benefits, rights, or responsibilities in any third parties. S.7 NON- EXCLUSIVITY. The City, in its sole discretion, reserves the right to request the materials or services set forth herein from other sources when deemed necessary and appropriate. No exclusive rights are encompassed through this Agreement. S.8 AMENDMENTS. There will be no oral changes to this Agreement. This Agreement can only be modified in a writing signed by both parties. No charge for extra work or material will be allowed unless approved in writing, in advance, by the City and Contractor. S.9 TIME OF THE ESSENCE. Time is of the essence to the performance of the parties’ obligations under this Agreement. S.10 COMPLIANCE WITH APPLICABLE LAWS. a. General. Contractor must procure all permits and licenses and pay all charges and fees necessary and incidental to the lawful conduct of business. Contractor must stay fully informed of existing and future federal, state, and local laws, ordinances, and regulations that in any manner affect the fulfillment of this Agreement and must comply with the same at its own expense. Contractor bears full responsibility for training, safety, and providing necessary equipment for all Contractor personnel to achieve throughout the term of the Agreement. Upon request, Contractor will demonstrate to the City's satisfaction any programs, procedures, and other activities used to ensure compliance. b. Drug-Free Workplace. Contractor is hereby advised that the City has adopted a policy establishing a drug-free workplace for itself and those doing business with the City to ensure the safety and health of all persons working on City contracts and projects. Contractor will require a drug-free workplace for all Contractor personnel working under this Agreement. Specifically, all Contractor personnel who are working under this Agreement must be notified STANDARD TERMS AND CONDITIONS Natural Gas – Line Locating Services 8 ITB #08-22 in writing by Contractor that they are prohibited from the manufacture, distribution, dispensation, possession, or unlawful use of a controlled substance in the workplace. Contractor agrees to prohibit the use of intoxicating substances by all Contractor personnel and will ensure that Contractor personnel do not use or possess illegal drugs while in the course of performing their duties. c. Federal and State Immigration Laws. Contractor agrees to comply with the Immigration Reform and Control Act of 1986 (IRCA) in performance under this Agreement and to permit the City and its agents to inspect applicable personnel records to verify such compliance as permitted by law. Contractor will ensure and keep appropriate records to demonstrate that all Contractor personnel have a legal right to live and work in the United States. (i) As applicable to Contractor, under this provision, Contractor hereby warrants to the City that Contractor and each of its subcontractors will comply with, and are contractually obligated to comply with, all federal immigration laws and regulations that relate to their employees (hereinafter “Contractor Immigration Warranty”). (ii) A breach of the Contractor Immigration Warranty will constitute as a material breach of this Agreement and will subject Contractor to penalties up to and including termination of this Agreement at the sole discretion of the City. (iii) The City retains the legal right to inspect the papers of all Contractor personnel who provide services under this Agreement to ensure that Contractor or its subcontractors are complying with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any such inspections. (iv) The City may, at its sole discretion, conduct random verification of the employment records of Contractor and any subcontractor to ensure compliance with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any random verification performed. (v) Neither Contractor nor any subcontractor will be deemed to have materially breached the Contractor Immigration Warranty if Contractor or subcontractor establishes that it has complied with the employment verification provisions prescribed by Sections 274A and 274B of the Federal Immigration and Nationality Act. d. Nondiscrimination. Contractor represents and warrants that it does not discriminate against any employee or applicant for employment or person to whom it provides services because of race, color, religion, sex, national origin, or disability, and represents and warrants that it complies with all applicable federal, state, and local laws and executive orders regarding employment. Contractor and Contractor’s personnel will comply with applicable provisions of Title VII of the U.S. Civil Rights Act of 1964, as amended, Section 504 of the Federal Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), and applicable rules in performance under this Agreement. S.11 SALES/USE TAX, OTHER TAXES. Contractor is responsible for the payment of all taxes including federal, state, and local taxes related to or arising out of Contractor’s services under this Agreement, including by way of illustration but not limitation, federal and state income tax, Social Security tax, unemployment insurance taxes, and any other taxes or business license fees as required. If any taxing authority should deem Contractor or Contractor employees an employee of the City, or should otherwise claim the City is liable for the payment of taxes that are Contractor’s responsibility under this Agreement, Contractor will indemnify the City for any tax liability, interest, and penalties imposed upon the City. The City is exempt from paying state and local sales/use taxes and certain federal excise taxes and will furnish an exemption certificate upon request. S.12 AMOUNTS DUE THE CITY. Contractor must be current and remain current in all obligations due to the City during the performance of services under the Agreement. Payments to Contractor may be offset by any delinquent amounts due the City or fees and charges owed to the City. STANDARD TERMS AND CONDITIONS Natural Gas – Line Locating Services 9 ITB #08-22 S.13 OPENNESS OF PROCUREMENT PROCESS. Written competitive proposals, replies, oral presentations, meetings where vendors answer questions, other submissions, correspondence, and all records made thereof, as well as negotiations or meetings where negotiation strategies are discussed, conducted pursuant to this Invitation to Bid (ITB), shall be handled in compliance with Chapters 119 and 286, Florida Statutes. Proposals or replies received by the City pursuant to this ITB are exempt from public disclosure until such time that the City provides notice of an intended decision or until 30 days after opening the proposals, whichever is earlier. If the City rejects all proposals or replies pursuant to this ITB and provides notice of its intent to reissue the ITB, then the rejected proposals or replies remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued ITB or until the City withdraws the reissued ITB. A proposal or reply shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or replies. Oral presentations, meetings where vendors answer questions, or meetings convened by City staff to discuss negotiation strategies, if any, shall be closed to the public (and other proposers) in compliance with Chapter 286 Florida Statutes. A complete recording shall be made of such closed meeting. The recording of, and any records presented at, the exempt meeting shall be available to the public when the City provides notice of an intended decision or until 30 days after opening proposals or final replies, whichever occurs first. If the City rejects all proposals or replies pursuant to this ITB and provides notice of its intent to reissue the ITB, then the recording and any records presented at the exempt meeting remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued ITB or until the City withdraws the reissued ITB. A recording and any records presented at an exempt meeting shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or replies. In addition to all other contract requirements as provided by law, the contractor executing this agreement agrees to comply with public records law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, Rosemarie Call, phone: 727-562-4092 or Rosemarie.Call@myclearwater.com, 600 Cleveland Street, Suite 600, Clearwater, FL 33755. The contractor’s agreement to comply with public records law applies specifically to: a) Keep and maintain public records required by the City of Clearwater (hereinafter “public agency”) to perform the service being provided by the contractor hereunder. b) Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided for in Chapter 119, Florida Statutes, as may be amended from time to time, or as otherwise provided by law. c) Ensure that the public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the STANDARD TERMS AND CONDITIONS Natural Gas – Line Locating Services 10 ITB #08-22 contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. e) A request to inspect or copy public records relating to a public agency’s contract for services must be made directly to the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the contractor of the request and the contractor must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time. f) The contractor hereby acknowledges and agrees that if the contractor does not comply with the public agency’s request for records, the public agency shall enforce the contract provisions in accordance with the contract. g) A contractor who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. h) If a civil action is filed against a contractor to compel production of public records relating to a public agency’s contract for services, the court shall assess and award against the contractor the reasonable costs of enforcement, including reasonable attorney fees, if: 1. The court determines that the contractor unlawfully refused to comply with the public records request within a reasonable time; and 2. At least eight (8) business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the contractor has not complied with the request, to the public agency and to the contractor. i) A notice complies with subparagraph (h)2. if it is sent to the public agency’s custodian of public records and to the contractor at the contractor’s address listed on its contract with the public agency or to the contractor’s registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. A contractor who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. S.14 AUDITS AND RECORDS. Contractor must preserve the records related to this Agreement for five (5) years after completion of the Agreement. The City or its authorized agent reserves the right to inspect any records related to the performance of work specified herein. In addition, the City may inspect any and all payroll, billing or other relevant records kept by Contractor in relation to the Agreement. Contractor will permit such inspections and audits during normal business hours and upon reasonable notice by the City. The audit of records may occur at Contractor’s place of business or at City offices, as determined by the City. S.15 BACKGROUND CHECK. The City may conduct criminal, driver history, and all other requested background checks of Contractor personnel who would perform services under the Agreement or who will have access to the City’s information, data, or facilities in accordance with the City’s current background check policies. Any officer, employee, or agent that fails the background check must be replaced immediately for any reasonable cause not prohibited by law. S.16 SECURITY CLEARANCE AND REMOVAL OF CONTRACTOR PERSONNEL. The City will have final authority, based on security reasons: (i) to determine when security clearance of Contractor personnel is required; (ii) to determine the nature of the security clearance, up to and STANDARD TERMS AND CONDITIONS Natural Gas – Line Locating Services 11 ITB #08-22 including fingerprinting Contractor personnel; and (iii) to determine whether or not any individual or entity may provide services under this Agreement. If the City objects to any Contractor personnel for any reasonable cause not prohibited by law, then Contractor will, upon notice from the City, remove any such individual from performance of services under this Agreement. S.17 DEFAULT. a. A party will be in default if that party: (i) is or becomes insolvent or is a party to any voluntary bankruptcy or receivership proceeding, makes an assignment for a creditor, or there is any similar action that affects Contractor’s capability to perform under the Agreement; (ii) is the subject of a petition for involuntary bankruptcy not removed within sixty (60) calendar days; (iii) conducts business in an unethical manner or in an illegal manner; or (iv) fails to carry out any term, promise, or condition of the Agreement. b. Contractor will be in default of this Agreement if Contractor is debarred from participating in City procurements and solicitations in accordance with the City’s Purchasing Policy and Procedures Manual. c. Notice and Opportunity to Cure. In the event a party is in default then the other party may, at its option and at any time, provide written notice to the defaulting party of the default. The defaulting party will have thirty (30) days from receipt of the notice to cure the default; the thirty (30) day cure period may be extended by mutual agreement of the parties, but no cure period may exceed ninety (90) days. A default notice will be deemed to be sufficient if it is reasonably calculated to provide notice of the nature and extent of such default. Failure of the non- defaulting party to provide notice of the default does not waive any rights under the Agreement. d. Anticipatory Repudiation. Whenever the City in good faith has reason to question Contractor’s intent or ability to perform, the City may demand that Contractor give a written assurance of its intent and ability to perform. In the event that the demand is made and no written assurance is given within five (5) calendar days, the City may treat this failure as an anticipatory repudiation of the Agreement. S.18 REMEDIES. The remedies set forth in this Agreement are not exclusive. Election of one remedy will not preclude the use of other remedies. In the event of default: a. The non-defaulting party may terminate the Agreement, and the termination will be effective immediately or at such other date as specified by the terminating party. b. The City may purchase the services required under the Agreement from the open market, complete required work itself, or have it completed at the expense of Contractor. If the cost of obtaining substitute services exceeds the contract price, the City may recover the excess cost by: (i) requiring immediate reimbursement to the City; (ii) deduction from an unpaid balance due to Contractor; (iii) collection against the proposal and/or performance security, if any; (iv) collection against liquidated damages (if applicable); or (v) a combination of the aforementioned remedies or other remedies as provided by law. Costs includes any and all, fees, and expenses incurred in obtaining substitute services and expended in obtaining reimbursement, including, but not limited to, administrative expenses, attorneys’ fees, and costs. c. The non-defaulting party will have all other rights granted under this Agreement and all rights at law or in equity that may be available to it. d. Neither party will be liable for incidental, special, or consequential damages. S.19 CONTINUATION DURING DISPUTES. Contractor agrees that during any dispute between the parties, Contractor will continue to perform its obligations until the dispute is settled, instructed to cease performance by the City, enjoined or prohibited by judicial action, or otherwise required or obligated to cease performance by other provisions in this Agreement. S.20 TERMINATION FOR CONVENIENCE. The City reserves the right to terminate this Agreement in part or in whole upon thirty (30) calendar days’ written notice. STANDARD TERMS AND CONDITIONS Natural Gas – Line Locating Services 12 ITB #08-22 S.21 TERMINATION FOR CONFLICT OF INTEREST Florida Statutes Section 112. Pursuant to F.S. Section 112, the City may cancel this Agreement after its execution, without penalty or further obligation, if any person significantly involved in initiating, securing, drafting, or creating the Agreement for the City becomes an employee or agent of Contractor. S.22 TERMINATION FOR NON-APPROPRIATION AND MODIFICATION FOR BUDGETARY CONSTRAINT. The City is a governmental agency which relies upon the appropriation of funds by its governing body to satisfy its obligations. If the City reasonably determines that it does not have funds to meet its obligations under this Agreement, the City will have the right to terminate the Agreement without penalty on the last day of the fiscal period for which funds were legally available. In the event of such termination, the City agrees to provide written notice of its intent to terminate thirty (30) calendar days prior to the stated termination date. S.23 PAYMENT TO CONTRACTOR UPON TERMINATION. Upon termination of this Agreement, Contractor will be entitled only to payment for those services performed up to the date of termination, and any authorized expenses already incurred up to such date of termination. The City will make final payment within thirty (30) calendar days after the City has both completed its appraisal of the materials and services provided and received Contractor’s properly prepared final invoice. S.24 NON-WAIVER OF RIGHTS. There will be no waiver of any provision of this agreement unless approved in writing and signed by the waiving party. Failure or delay to exercise any rights or remedies provided herein or by law or in equity, or the acceptance of, or payment for, any services hereunder, will not release the other party of any of the warranties or other obligations of the Agreement and will not be deemed a waiver of any such rights or remedies. S.25 INDEMNIFICATION/LIABILITY. a. To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold the City, its officers, agents, and employees, harmless from and against any and all liabilities, demands, claims, suits, losses, damages, causes of action, fines or judgments, including costs, attorneys’, witnesses’, and expert witnesses’ fees, and expenses incident thereto, relating to, arising out of, or resulting from: (i) the services provided by Contractor personnel under this Agreement; (ii) any negligent acts, errors, mistakes or omissions by Contractor or Contractor personnel; and (iii) Contractor or Contractor personnel’s failure to comply with or fulfill the obligations established by this Agreement. b. Contractor will update the City during the course of the litigation to timely notify the City of any issues that may involve the independent negligence of the City that is not covered by this indemnification. c. The City assumes no liability for actions of Contractor and will not indemnify or hold Contractor or any third party harmless for claims based on this Agreement or use of Contractor-provided supplies or services. S.26 WARRANTY. Contractor warrants that the services and materials will conform to the requirements of the Agreement. Additionally, Contractor warrants that all services will be performed in a good, workman-like and professional manner. The City’s acceptance of service or materials provided by Contractor will not relieve Contractor from its obligations under this warranty. If any materials or services are of a substandard or unsatisfactory manner as determined by the City, Contractor, at no additional charge to the City, will provide materials or redo such services until in accordance with this Agreement and to the City’s reasonable satisfaction. Unless otherwise agreed, Contractor warrants that materials will be new, unused, of most current manufacture and not discontinued, will be free of defects in materials and workmanship, will be provided in accordance with manufacturer's standard warranty for at least one (1) year unless otherwise specified, and will perform in accordance with manufacturer's published specifications. S.27 THE CITY’S RIGHT TO RECOVER AGAINST THIRD PARTIES. Contractor will do nothing to prejudice the City’s right to recover against third parties for any loss, destruction, or damage to City property, and will at the City’s request and expense, furnish to the City reasonable assistance and STANDARD TERMS AND CONDITIONS Natural Gas – Line Locating Services 13 ITB #08-22 cooperation, including assistance in the prosecution or defense of suit and the execution of instruments of assignment in favor of the City in obtaining recovery. S.28 NO GUARANTEE OF WORK. Contractor acknowledges and agrees that it is not entitled to deliver any specific amount of materials or services or any materials or services at all under this Agreement and acknowledges and agrees that the materials or services will be requested by the City on an as needed basis at the sole discretion of the City. Any document referencing quantities or performance frequencies represent the City's best estimate of current requirements, but will not bind the City to purchase, accept, or pay for materials or services which exceed its actual needs. S.29 OWNERSHIP. All deliverables, services, and information provided by Contractor or the City pursuant to this Agreement (whether electronically or manually generated) including without limitation, reports, test plans, and survey results, graphics, and technical tables, originally prepared in the performance of this Agreement, are the property of the City and will not be used or released by Contractor or any other person except with prior written permission by the City. S.30 USE OF NAME. Contractor will not use the name of the City of Clearwater in any advertising or publicity without obtaining the prior written consent of the City. S.31 PROHIBITED ACTS. Pursuant to Florida Constitution Article II Section 8, a current or former public officer or employee within the last two (2) years shall not represent another organization before the City on any matter for which the officer or employee was directly concerned and personally participated in during their service or employment or over which they had a substantial or material administrative discretion. S.32 FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB destination freight prepaid and allowed unless otherwise agreed. S.33 RISK OF LOSS. Contractor agrees to bear all risks of loss, injury, or destruction of goods or equipment incidental to providing these services and such loss, injury, or destruction will not release Contractor from any obligation hereunder. S.34 SAFEGUARDING CITY PROPERTY. Contractor will be responsible for any damage to City real property or damage or loss of City personal property when such property is the responsibility of or in the custody of Contractor or its employees. S.35 WARRANTY OF RIGHTS. Contractor warrants it has title to, or the right to allow the City to use, the materials and services being provided and that the City may use same without suit, trouble or hindrance from Contractor or third parties. S.36 PROPRIETARY RIGHTS INDEMNIFICATION. Without limiting the foregoing, Contractor will without limitation, at its expense defend the City against all claims asserted by any person that anything provided by Contractor infringes a patent, copyright, trade secret or other intellectual property right and must, without limitation, pay the costs, damages and attorneys' fees awarded against the City in any such action, or pay any settlement of such action or claim. Each party agrees to notify the other promptly of any matters to which this provision may apply and to cooperate with each other in connection with such defense or settlement. If a preliminary or final judgment is obtained against the City’s use or operation of the items provided by Contractor hereunder or any part thereof by reason of any alleged infringement, Contractor will, at its expense and without limitation, either: (a) modify the item so that it becomes non-infringing; (b) procure for the City the right to continue to use the item; (c) substitute for the infringing item other item(s) having at least equivalent capability; or (d) refund to the City an amount equal to the price paid, less reasonable usage, from the time of installation acceptance through cessation of use, which amount will be calculated on a useful life not less than five (5) years, plus any additional costs the City may incur to acquire substitute supplies or services. S.37 CONTRACT ADMINISTRATION. The contract will be administered by the Procurement Administrator and/or an authorized representative from the using department. All questions regarding the contract will be referred to the administrator for resolution. Supplements may be written to the contract for the addition or deletion of services. Payment will be negotiated and determined by the contract administrator(s). STANDARD TERMS AND CONDITIONS Natural Gas – Line Locating Services 14 ITB #08-22 S.38 FORCE MAJEURE. Failure by either party to perform its duties and obligations will be excused by unforeseeable circumstances beyond its reasonable control, including acts of nature, acts of the public enemy, riots, fire, explosion, legislation, and governmental regulation. The party whose performance is so affected will within five (5) calendar days of the unforeseeable circumstance notify the other party of all pertinent facts and identify the force majeure event. The party whose performance is so affected must also take all reasonable steps, promptly and diligently, to prevent such causes if it is feasible to do so, or to minimize or eliminate the effect thereof. The delivery or performance date will be extended for a period equal to the time lost by reason of delay, plus such additional time as may be reasonably necessary to overcome the effect of the delay, provided however, under no circumstances will delays caused by a force majeure extend beyond one hundred-twenty (120) calendar days from the scheduled delivery or completion date of a task unless agreed upon by the parties. S.39 COOPERATIVE USE OF CONTRACT. The City has entered into various cooperative purchasing agreements with other Florida government agencies, including the Tampa Bay Area Purchasing Cooperative. Under a Cooperative Purchasing Agreement, any contract may be extended for use by other municipalities, school districts and government agencies in the State of Florida with the approval of Contractor. Any such usage by other entities must be in accordance with the statutes, codes, ordinances, charter and/or procurement rules and regulations of the respective government agency. Orders placed by other agencies and payment thereof will be the sole responsibility of that agency. The City is not responsible for any disputes arising out of transactions made by others. S.40 FUEL CHARGES AND PRICE INCREASES. No fuel surcharges will be accepted. No price increases will be accepted without proper request by Contractor and response by the City’s Procurement Division. S.41 NOTICES. All notices to be given pursuant to this Agreement must be delivered to the parties at their respective addresses. Notices may be (i) personally delivered; (ii) sent via certified or registered mail, postage prepaid; (iii) sent via overnight courier; or (iv) sent via facsimile. If provided by personal delivery, receipt will be deemed effective upon delivery. If sent via certified or registered mail, receipt will be deemed effective three (3) calendar days after being deposited in the United States mail. If sent via overnight courier or facsimile, receipt will be deemed effective two (2) calendar days after the sending thereof. S.42 GOVERNING LAW, VENUE. This Agreement is governed by the laws of the State of Florida. The exclusive venue selected for any proceeding or suit in law or equity arising from or incident to this Agreement will be Pinellas County, Florida. S.43 INTEGRATION CLAUSE. This Agreement, including all attachments and exhibits hereto, supersede all prior oral or written agreements, if any, between the parties and constitutes the entire agreement between the parties with respect to the work to be performed. S.44 PROVISIONS REQUIRED BY LAW. Any provision required by law to be in this Agreement is a part of this Agreement as if fully stated in it. S.45 SEVERABILITY. If any provision of this Agreement is declared void or unenforceable, such provision will be severed from this Agreement, which will otherwise remain in full force and effect. The parties will negotiate diligently in good faith for such amendment(s) of this Agreement as may be necessary to achieve the original intent of this Agreement, notwithstanding such invalidity or unenforceability. S.46 SURVIVING PROVISIONS. Notwithstanding any completion, termination, or other expiration of this Agreement, all provisions which, by the terms of reasonable interpretation thereof, set forth rights and obligations that extend beyond completion, termination, or other expiration of this Agreement, will survive and remain in full force and effect. Except as specifically provided in this Agreement, completion, termination, or other expiration of this Agreement will not release any party from any liability or obligation arising prior to the date of termination. DETAILED SPECIFICATIONS Natural Gas – Line Locating Services 15 ITB #08-22 1. INTRODUCTION. The City of Clearwater (City) is located on the West Coast of Florida in the Tampa Bay region. It is the third largest city in the region with an estimated population of nearly 118,017 residents. The City of Clearwater is also a major tourist destination – Clearwater Beach was rated #1 U.S. Beach by TripAdvisor’s Traveler’s Choice Awards in 2018 and 2019 and is consistently ranked as one of the top beaches in the world. The City of Clearwater is home to the Philadelphia Phillies Spring Training and Clearwater Threshers Minor League Baseball, as well as hosting several sports tournaments through the year that attract visitors from across the country. Clearwater is home to Winter the Dolphin and the Clearwater Marine Aquarium. Winter’s story made it all the way to Hollywood in the motion pictures “Dolphin Tale” and “Dolphin Tale 2”, both filmed here in Clearwater. The City of Clearwater is committed to ensuring that we have a sustainable city through green measures focusing on our economy, environment and community. 2. BACKGROUND. Clearwater Gas System (CGS) is owned and operated as an enterprise natural gas utility by the City of Clearwater. It currently has over 1,000 miles of underground gas main and handles the supply and distribution of both natural and propane (LP) gas throughout Pinellas, Pasco and Western Hillsborough County. Below is some general information on the CGS distribution system, along with a company profile. A. HISTORICAL LOCATING SERVICE UTILIZATION: SUNSHINE 811 LOCATE TICKETS FROM JANUARY 2021 – DECEMBER 2021 County Miles of Main Number of Service Lines Sunshine Tickets Received Located Emergency Located Pinellas 793 18,866 37,971 4,581 830 Pasco 277 10,159 18,732 4,329 215 Total 1,070 29,025 56,703 8,910 1,045 Projected growth for 2022 through 2024 Years Total Miles of Main Estimated 2022 to 2023 27 2023 to 2024 28 Additional information, such as geographic information system software (GIS) shapefiles, depicting the location of our main and service line locations will be made available to the awarded vendor. B. CLEARWATER GAS SYSTEM – OVERVIEW: It is recommended that Vendor(s) review the proposed work area and become familiar with local conditions which may in any manner affect the work to be performed, or affect the equipment, materials, and labor required. The Vendor(s) must carefully evaluate the service area and the specifications, conditions, and requirements of this contract. No additional allowances will be made due to lack of knowledge of any site conditions. DETAILED SPECIFICATIONS Natural Gas – Line Locating Services 16 ITB #08-22 C. U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 2020, PHMSA 7100-1.1 Annual Report DETAILED SPECIFICATIONS Natural Gas – Line Locating Services 17 ITB #08-22 DETAILED SPECIFICATIONS Natural Gas – Line Locating Services 18 ITB #08-22 3. SCOPE OF WORK. The Awarded Bidder (Vendor) must provide underground facility locating services for CGS. Locating services will include regular, emergency, and short notice work requests. The contract resulting from this solicitation will be fixed price (unit cost) in accordance with the Vendor’s Bid Pricing. A. REGULATIONS i. All services must be performed to meet the requirements and intent of the Code of Federal Regulations (CFR) 49 Part 192.801, 192.803, 192.805, 192.807 and 192.809 relating to “Operator Qualification” in conformance with the intent of Federal Operator Qualification (O.Q.) Regulations that is equal to and applicable to CGS’s American Society of Mechanical Engineers (ASME) B31Q O.Q. Plan. ii. All work must be performed in accordance with the standards defined in accordance with Florida Statute 556 (F.S. 556)., the Underground Facility Damage Prevention and Safety Act. B. SERVICE REQUIREMENTS i. All Sunshine 811 locate ticket records are the property of CGS. CGS will notify Florida Sunshine State One Call (Sunshine 811) of its engagement with the vendor. ii. Vendor must receive and record locate ticket requests from both CGS and Sunshine 811 during normal business days and within normal business hours. Locate ticket requests may be issued to the vendor during non-business hours on an emergency basis only and must be approved by CGS’s designated representative(s), either in writing or email, prior to start of service. iii. Vendor must provide sufficient qualified staff, administrative capabilities, and field locating equipment to adequately perform the required locating services for CGS. A list of proposed personnel and supervisors to be provided at the time of bid. iv. Vendor must provide compatible two (2) way communication with existing or future communication systems between CGS personnel and Sunshine 811. v. For each locate ticket request, Vendor must review the CGS facilities maps, provided online and in paper copy format, to determine where conflicts exist between proposed excavation sites and CGS facilities and must be able to locate those areas in the timeframe as specified by F.S. 556. vi. Vendor must respond and complete a site visit for each locate ticket request from Sunshine 811 to locate any and all facilities belonging to CGS that are included in the description on the locate ticket request. Services must be completed in the timeframe as specified by F.S. 556. vii. Vendor must complete all locate ticket requests and close out these locate ticket requests by submitting the proper response to Sunshine 811. viii. At the request of CGS’s designated representative(s), Vendor must provide one (1) follow-up site visit, at no charge, for each completed locate ticket, to verify locate with the excavator to ensure the safety and accuracy of the work performed. ix. Vendor must use equipment capable of distinguishing CGS facilities from that of other underground utilities. x. Vendor must locate service lines, from the main gas line to the meter location on private property, and other facilities in right-of-way (ROW) and easements in compliance with the most DETAILED SPECIFICATIONS Natural Gas – Line Locating Services 19 ITB #08-22 recent edition of the Florida Department of Transportation (FDOT) Maintenance of Traffic (MOT) rules and regulations. xi. Vendor must hand shovel or vacuum excavate pipelines and/or segments that are difficult to locate, repair broken locate wire segments, install and/or maintain locate stations to complete locate tickets. xii. Vendor must use a marking medium such as: paint and/or flags. Colors are to be in accordance with state law and industry standards. Vendor is responsible for providing all marking material. xiii. Vendor must designate a single point of contact between Vendor and CGS’s designated representative(s) to serve as a liaison for receipt of CGS facility maps. Vendor will be responsible for requesting revised copies of CGS facility maps. xiv. Vendor must retain and safeguard CGS system maps and records. Maps and records will not be disclosed to or made available to any entity without the expressed written consent of CGS’s designated representative(s). xv. Vendor must contact CGS’s designated representative(s) for assistance after having exhausted reasonable efforts to locate any identifiable, but un-locatable facilities. Vendor must immediately notify the excavator of the presence of CGS’s facilities and inform excavator to suspend any digging activities until CGS personnel are on site. Vendor must obtain name, phone number and other pertinent information of excavator personnel notified of incomplete locate tickets whether responded to with positive response codes or not (i.e., when Sunshine 811 ticket is closed concerning the status of locating an underground facility). xvi. Vendor must notify CGS’s designated representative(s) of any discrepancies or omissions in the records or other information provided to Vendor by CGS to the extent such discrepancies and omissions can be determined by Vendor. Vendor will draw simple as-builts when the main is found in a different location than CGS records depict. xvii. Vendor must establish positive working relationships with other contractors and maintain clear communication channels to ensure the safety of the system, staff, and the public. xviii. Gas locate tickets will include propane tanks and related underground piping systems. Vendor must allow CGS to back charge for locates passed-on that were accomplished with minimal effort. Vendor is responsible for any late ticket charges to Sunshine 811 and may be charged for any missed locate damages, pending investigation results. C. SERVICE TYPES Regular Request: CGS or Sunshine 811 locate ticket received during normal business day and work must be completed within two (2) full business days. Short Notice Request: CGS or Sunshine 811 locate ticket received during normal business day and work must be completed within one (1) full business day. Emergency Request: CGS or Sunshine 811 locate ticket received during normal business day and hours; Vendor must respond to the location within two (2) hours and work must be completed within one (1) full business day. D. WORK REQUIREMENTS Vendor must include the following to complete all CGS and Sunshine 811 locate ticket request: DETAILED SPECIFICATIONS Natural Gas – Line Locating Services 20 ITB #08-22 i. Provide an all-clear code to the positive response system when CGS does not have underground facilities within the excavation site. ii. Physically mark the excavation site per low impact marking practices, (such as paint and flags), and update the positive response system in the Sunshine 811 website. iii. Contact the excavator to reschedule the locate. If the excavator's voicemail is reached, leave a message explaining the situation and the need to re-schedule. Enter positive response code 3F only after the excavator has been reached and the new schedule arranged. iv. Enter the appropriate positive response code when one (1) of the above three (3) are not true. v. If underground utilities cannot be located, Vendor must provide the best information available at that time E. SERVICE HOURS i. Natural Gas Distribution Main and Service Line Locating Services shall be performed between the hours of 7:00 AM to 3:30 PM, Monday through Friday, with the following exceptions: a. Major City Arterial Streets, including State Roads and County Roads: Work permitted between the hours of 9:00 AM – 3:00 PM, to include establishing the MOT for the project. b. Right-of-ways, within 1,000 feet of schools: No work is permitted during the hours when children are arriving or leaving school properties (beginning or ending of school days). ii. Vendor must contact CGS’s designated representative(s) to obtain permission to conduct services on Saturdays and must observe the same hours as listed above. No work will be performed on Sundays. iii. Emergency locating services may be conducted upon approval by CGS’s designated representative(s) for any day or time, as needed. Vendor must provide supplemental pricing for hourly rate for emergency services on the Bid Pricing pages. F. WORK SCHEDULE i. Vendor will adhere to a work schedule as specified in Section C, Service Types and Section E, Service Hours. Any schedule variation requested by either CGS or the Vendor must be accepted by the other entity in writing. ii. CGS intends for the services under this contract to impact the public as little as possible. The Vendor must provide CGS’s designated representative(s) with a written schedule (email is acceptable) of the services, at least forty-eight (48) hours prior to the start of work to ensure that notification can be provided to any citizen who may be affected by services. G. PERSONNEL REQUIREMENTS i. All work crews will be required to wear approved company uniform, use appropriate Personal Protection Equipment (PPE), abide by any and all company and OSHA (Occupational Safety and Health Act) safety standards, and behave in a professional manner at all times. ii. Vendor must conduct a safety briefing with employees each day prior to beginning operations. iii. Vendor must supply knowledgeable and physically capable employees and provide appropriate supervision to all services performed under this contract. All personnel must be skilled in the field in which they work; that is, no unskilled laborers will perform the work. DETAILED SPECIFICATIONS Natural Gas – Line Locating Services 21 ITB #08-22 iv. Vendor must maintain enough skilled personnel and supervisory staff to carry out CGS work tickets in a timely manner as described above in Section B, Service Requirements and Section C, Service Types. A list of proposed personnel and their qualifications, adequate to handle CGS’s work volume, is required. At minimum vendor should provide the following with bid submittal: a. Qualified personnel list to include employee name, position and resume. b. Operator Qualification Certificates v. The Vendor is required to provide all equipment necessary to perform all services specified herein. All equipment must be in good working condition so that it can be safely operated and does not present a threat to people, private or public property. CGS designated representative(s) reserves the right to turn away any vehicles/equipment that arrive in an unsafe condition, have obviously not been maintained, or are excessively dirty. vi. All personnel performing work under this contract must be trained and proficient in the operation of the locating equipment being used by the vendor. If equipment or methods are upgraded, all vendor personnel must be successfully retrained before working on CGS sites. H. TRAFFIC CONTROL AND PEDESTRIAN SAFETY i. Vendor must fully acquaint and comply with MOT safety requirements. If requested, the MOT plan must be submitted by the vendor to and approved by the respective City prior to partial lane closure and commencement of the work. All necessary lane closure requests must be submitted by the vendor and approved by the respective City's Transportation and Parking Services, a minimum of forty-eight (48) hours in advance of scheduled operations. ii. Vendor must coordinate maintenance operations in certain high pedestrian use areas and peak time periods with CGS’s designated representative(s). The City reserves the right to limit the hours of operation in certain high pedestrian use areas iii. Any and all proposed traffic control must conform to the current edition of the Manual on Uniform Traffic Control Devices (MUTCD), the Florida Department of Transportation Roadway and Traffic Design Standards, 2009 (600 Series) and the Florida Department of Transportation Standard Specifications for Road and Bridge Construction in their most recent form. Vendor must use Index 627 whenever equipment is relocated or driven on existing open travel lanes. iv. For work to be completed within the ROW, the Vendor must set up MOT per FDOT specifications and must have an MOT certified individual on site. If the Vendor does not have the MOT certified individual at the time of bid submittal, Vendor may utilize a contract agency performing the MOT; however, within thirty (30) days of contract award the Vendor must have an MOT certified individual on staff. v. MOT services must be provided by the Vendor for the duration of the contract and must be included in unit pricing. I. REPORTING i. Upon award of this contract, both parties will mutually determine an appropriate set of periodic reports to be issued by the Vendor to the CGS designated representative(s) in support of this contract. ii. Vendor must meet with the CGS designated representative(s) as needed, to review the vendor’s performance, work schedule, discuss issues, and/or address any related problems. Please note that the review frequency may be varied at CGS’s discretion. DETAILED SPECIFICATIONS Natural Gas – Line Locating Services 22 ITB #08-22 J. SPECIAL CONDITIONS i. Vendors may be required to submit a list of equipment that will be used to perform the required services as outlined. Upon request, all equipment listed must be available for inspection by the CGS designated representative(s) prior to award or at any time during the contract term. ii. Vendor will assist CGS in reporting vandalism, graffiti, damage or public and private property in need of repair/refurbishing. For example, traffic or directory signs, structures, site furnishings, monuments, fences, lighting, utilities, and paving. Vendor must report these items to the CGS designated representative(s) by the end of that business day unless it is an emergency, in which proper authorities must be notified. iii. Vendor will be responsive to special conditions or unexpected problems that may occur during the term of the contract. CGS expects the full cooperation and prompt response by the Vendor. K. ALL-INCLUSIVE PRICING Bid pricing must be inclusive of all labor, equipment, material, tools, incidentals and any other service or charge necessary to complete the project. There must be no additional charges for mobilization, demobilization, equipment transport, fuel, fuel surcharges, disposal fees/increases, travel time, wait time, labor or insurance charges/increases, or any other charge not listed. The all-inclusive parameters of a CGS and/or Sunshine 811 locate ticket are as follows: i. One (1) Sunshine 811 locate ticket can cover a linear distance of up to one (1) mile on a street and up to 150 feet in either direction along crossing streets that are identified in the locate ticket. ii. One (1) locate ticket can include up to five (5) individual addresses as long as the linear distance from the first address to the last is one (1) mile or less. For example, a single ticket can cover work being done at these addresses: 2000, 2003, 2004, 2006 and 2009 Main Street. iii. One (1) locate ticket may cover an area of undeveloped land of no more than one (1) square mile, provided that the boundaries of the undeveloped land area where the work is to be performed are described on the ticket. This ticket may also include work to be performed on any single street or ROW bordering the area of undeveloped land. Work to be performed on an additional bordering street or ROW requires a separate locate ticket. Work exceeding the linear or numerical unit requirements outlined above will be billed for the initial hour and then in quarter hour (¼) hour increments as specified on the Bid Pricing form, page 28. CGS must approve any emergency or after-hours requests prior to start of service. L. MONITORING The CGS Operations Manager and/or designated representative(s) will monitor the Vendor’s performance in accordance with the terms and conditions set forth in this solicitation and as defined in Florida Statutes and the Florida Administrative Code. To assist CGS in monitoring the resultant contract, the Vendor must permit CGS’s designated representative(s) to inspect its facilities, equipment, or data upon request. M. PERFORMANCE STANDARDS, LIQUIDATED DAMAGES, AND CORRECTIVE ACTION PLANS Liquidated damages will be assessed for breach of any contract term or condition, including failure to meet defined performance standards. The CGS Operations Manager and/or designated DETAILED SPECIFICATIONS Natural Gas – Line Locating Services 23 ITB #08-22 representative(s) will monitor the Vendor’s performance in accordance with the established requirements set forth in this solicitation. During the contract term, shall CGS find the Vendor out of compliance, the City reserves the right to impose liquidated damages in the amount of $1,000.00 for each day that the work to be performed by the Vendor remains incomplete, beyond the time limit specified, and for failure to comply with the performance standard requirements as stated. 4. MINIMUM QUALIFICATIONS. Vendor must have the capability to perform and complete the services in all respects in accordance with the solicitation documents. The Vendor must be licensed and competent in the required discipline of locating gas mains, services and underground customer piping systems and related gas meter connections. A. Vendor must provide three (3) customer references for work that is similar to the size and scope as outlined, within the past five (5) years, with bid submittal. B. Vendor personnel and CGS approved subcontractors must meet the requirements and intent of the Code of Federal Regulations (CFR) 49 Part 192.801, 192.803, 192.805, 192.807 and 192.809 relating to O.Q. with mandatory knowledge, skill and abilities, training to be completed at the time of bid submittal. O.Q. and all training documentation must be furnished, at time of bid submittal. The Vendor’s O.Q. plan must also explain how their employees have the ability to identify and react to natural gas related abnormal operating conditions that may be encountered while working on the gas pipeline facility. Vendors’ employees O.Q., knowledge, skill and ability records will be kept for a five (5) year period. Failure to provide proof of O.Q. compliance, and successful maintenance will disqualify the vendor from performance of the awarded bid. Training records must be made available to CGS for auditing. C. By submitting a bid, each Vendor agrees that it has an established, or will implement by the start of this contract, a Drug and Alcohol Training and Testing Program for their employees that comply with the requirements of the United States Department of Transportation, Title 49, Pipeline Safety Regulations, Part 199. The awarded vendor will furnish quarterly statistical reports to CGS’s Operations Manager and/or designated representative, to show active compliance. D. Vendor must attest to the Certification regarding Scrutinized Companies Lists, certifying that it is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies That Boycott Israel List created pursuant to Section 287.135, Florida Statutes. The Vendor agrees the Department may immediately terminate this Contract for cause if the Contractor is found to have submitted a false certification or if the Contractor is placed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies That Boycott Israel List during the term of the Contract. 5. INSURANCE REQUIREMENTS. The Vendor shall, at its own cost and expense, acquire and maintain (and cause any subcontractors, representatives or agents to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A-VII or better. In addition, the City has the right to review the Contractor’s deductible or self-insured retention and to require that it be reduced or eliminated. Specifically the Vendor must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement: DETAILED SPECIFICATIONS Natural Gas – Line Locating Services 24 ITB #08-22 a. Commercial General Liability Insurance coverage, including but not limited to, premises operations, products/completed operations, products liability, contractual liability, advertising injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. b. Commercial Automobile Liability Insurance coverage for any owned, non-owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars) combined single limit. c. Unless waived by the State of Florida and proof of waiver is provided to the City, statutory Workers’ Compensation Insurance coverage in accordance with the laws of the State of Florida, and Employer’s Liability Insurance in the minimum amount of $500,000 (five hundred thousand dollars) each employee each accident, $500,000 (five hundred thousand dollars) each employee by disease, and $500,000 (five hundred thousand dollars) disease policy limit. Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be applicable to employees, contractors, subcontractors, and volunteers, if any. d. Professional Liability Insurance coverage appropriate for the type of business engaged in by the Contractor with minimum limits of $1,000,000 (one million dollars) per occurrence. If a claim made form of coverage is provided, the retroactive date of coverage shall be no later than the inception date of claims made coverage, unless prior policy was extended indefinitely to cover prior acts. Coverage shall be extended beyond the policy year either by a supplemental extended reporting period (ERP) of as great a duration as available, and with no less coverage and with reinstated aggregate limits, or by requiring that any new policy provide a retroactive date no later than the inception date of claims made coverage. e. Pollution Liability Insurance coverage, which covers any and all losses caused by pollution conditions (including sudden and non-sudden pollution conditions) arising from the servicing and operations of Vendor (and any subcontractors, representatives, or agents) involved in the work/transport, in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies. Other Insurance Provisions. a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the insurance policy’s renewal date(s) for as long as this Agreement remains in effect, the Vendor will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the coverage set forth above and naming the City as an “Additional Insured” on the Commercial General Liability Insurance and Auto Liability policies. In addition when requested in writing from the City, Vendor will provide the City with certified copies of all applicable policies. The address where such certificates and certified policies shall be sent or delivered is as follows: City of Clearwater Attn: Procurement Division, ITB #08-22 P.O. Box 4748 Clearwater, FL 33758-4748 b. Vendor shall provide thirty (30) days written notice of any cancellation, non-renewal, termination, material change or reduction in coverage. DETAILED SPECIFICATIONS Natural Gas – Line Locating Services 25 ITB #08-22 c. Vendor’s insurance as outlined above shall be primary and non-contributory coverage for Vendor’s negligence. d. Vendor reserves the right to appoint legal counsel to provide for the Vendor’s defense, for any and all claims that may arise related to Agreement, work performed under this Agreement, or to Vendor’s design, equipment, or service. Vendor agrees that the City shall not be liable to reimburse Vendor for any legal fees or costs as a result of Vendor providing its defense as contemplated herein. The stipulated limits of coverage above shall not be construed as a limitation of any potential liability to the City, and City’s failure to request evidence of this insurance shall not be construed as a waiver of Vendor’s (or any contractors’, subcontractors’, representatives’ or agents’) obligation to provide the insurance coverage specified. MILESTONES Natural Gas – Line Locating Services 26 ITB #08-22 1. BEGINNING AND END DATE OF INITIAL TERM. April 2022 – March 2023 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. CONTRACT. The contract resulting from this solicitation will be fixed price (unit cost) in accordance with the Awarded Vendor’s Bid Pricing. A copy of the proposed standard contract containing all requirements is included as Attachment A, Standard Contract. The prospective vendor should closely review the requirements contained in the proposed standard contract. Modifications proposed by the prospective vendor may not be considered. This solicitation, including all its addenda, the Department’s written response to written inquiries, and the successful vendor’s response shall be incorporated by reference in the final contract document. 3. 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. 4. RENEWAL. At the end of the initial term of this contract, the City may initiate renewal(s) as provided. The decision to renew a contract rests solely with the City. The City will give written notice of its intention to renew the contract no later than thirty (30) days prior to the expiration. Three (3), one (1) year renewals possible at the City’s option. 5. PRICES. All pricing shall be firm for the initial term of one (1) year; except where otherwise provided by the specifications, and include all transportation, insurance and warranty costs. The City shall not be invoiced at prices higher than those stated in any contract resulting from this bid. The Contractor certifies that the prices offered are no higher than the lowest price the Contractor charges other buyers for similar quantities under similar conditions. The Contractor further agrees that any reductions in the price of the goods or services covered by this bid and occurring after award will apply to the undelivered balance. The Contractor shall promptly notify the City of such price reductions. During the sixty (60) day period prior to each annual anniversary of the contract effective date, the Contractor may submit a written request that the City increase the prices for an amount for no more than the twelve month change in the Consumer Price Index (CPI-U), Tampa-St. Petersburg- Clearwater, Not Seasonally Adjusted as published by the U.S. Department of Labor, Bureau of Labor Statistics (http://www.bls.gov/ppi/home.htm). The City shall review the request for adjustment and respond in writing; such response and approval shall not be unreasonably withheld. At the end of the initial term, pricing may be adjusted for amounts other than inflation based on mutual agreement of the parties after review of appropriate documentation. Renewal prices shall be firm for at least one year, and may be adjusted thereafter as outlined in the previous paragraph. No fuel surcharges will be accepted. BID SUBMISSION Natural Gas – Line Locating Services 27 ITB #08-22 1. BID SUBMISSION. It is recommended that bids be submitted electronically through our bids website at https://www.myclearwater.com/business/rfp. For bids mailed and/or hand-delivered, bidder must submit one (1) signed original bid and one (1) electronic format on a CD or Thumb Drive, in a sealed container using label provided at the end of this solicitation. 2. BIDDER RESPONSE CHECKLIST. This checklist is provided for your convenience. It is not necessary to return a copy of this solicitation’s Instructions, Terms and Conditions, or Detailed Specifications with your bid response. Only submit the requested forms and any other requested or descriptive literature. Original and proper number of copies with electronic format (if requested) Bid container properly labeled Bid pricing form Exceptions/Additional Materials/Addenda form Vendor Information form Scrutinized Companies form(s) as required E-Verify Eligibility form as required Offer Certification form References form: Minimum of three (3) customer references Copy of Vendor’s O.Q. plan (REF 4(B), page 23) Copy of personnel list (employee name, position, and resume) (REF G(iv), page 21) Copy of O.Q. Certificates for personnel (REF G(iv), page 21) W-9 Form to be provided by Bidder (http://www.irs.gov/pub/irs-pdf/fw9.pdf) BID PRICING Natural Gas – Line Locating Services 28 ITB #08-22 Pursuant to the contract specifications enumerated and described in this solicitation, we agree to furnish Natural Gas Distribution Main and Service Line Locating Services to the City of Clearwater at the price(s) stated below. Item No. TYPE OF LOCATE TICKET Unit Price Unit of Measure Estimated Annual Quantity Total Price REGULAR REQUEST: Sunshine 811 locate ticket received during normal business day and hours (7:00 am – 3:30 pm); work completed within two (2) full business days.. 1 Regular Request ticket received from CGS or Florida Sunshine (including all ticket revisions and updates); it is estimated that 9,000 tickets will require field visit $ Per Ticket 59,000 $ SHORT NOTICE REQUEST: Sunshine 811 locate ticket received during normal business day and hours (7:00 am – 3:30 pm); work completed within one (1) full business day. 2 Short Notice Request ticket received from CGS or Florida Sunshine (including all ticket revisions and updates); it is estimated that 100 tickets will require field visit $ Per Ticket 1,000 $ EMERGENCY REQUEST: Sunshine 811 locate ticket received during normal business day and hours (7:00 am – 3:30 pm); respond to the location within two (2) hours; and work completed within one (1) full business day. 3 Emergency Request ticket received from CGS or Florida Sunshine (including all ticket revisions and updates); it is estimated that 200 tickets will require field visit $ Per Ticket 1,100 $ OTHER SERVICES 4 Hourly Rate for other services – minimum 1 hour charge (i.e. Work exceeding linear or numerical unit requirements and other services outside of the locate ticket scope of work) $ Per Initial Hour 5 Quarter Hour Rate for other services (after initial hour) $ Per Quarter Hour Note: Pricing must be all-inclusive. Reference K. All-Inclusive Pricing, page 22, above. DELIVERY REQUIREMENTS FOB: Destination, Freight Prepaid and Allowed Freight Costs: Unit prices should include all freight and transportation charges PAYMENT TERMS: City of Clearwater’s standard payment terms are NET30 Vendor: _________________________________________ Date: _______________________________ EXCEPTIONS/ADDITIONAL MATERIALS/ADDENDA Natural Gas – Line Locating Services 29 ITB #08-22 Bidders shall indicate any and all exceptions taken to the provisions or specifications in this solicitation document. Exceptions that surface elsewhere and that do not also appear under this section shall be considered invalid and void and of no contractual significance. Exceptions (mark one): Note – Any material exceptions taken to the City’s Standard Terms and Conditions will render a Bid Non-responsive. No exceptions Exceptions taken (describe--attach additional pages if needed) Additional Materials submitted (mark one): No additional materials have been included with this bid Additional Materials attached (describe--attach additional pages if needed) Addenda Bidders are responsible for verifying receipt of any addenda issued by checking the City’s website at http://www.myclearwater.com/business/bid-information/ prior to the bid opening. Failure to acknowledge any addenda issued may result in a response being deemed non-responsive. Acknowledgement of Receipt of Addenda (initial for each addenda received, if applicable): Addenda Number Initial to acknowledge receipt Vendor Name ____ Date: ____ VENDOR INFORMATION Natural Gas – Line Locating Services 30 ITB #08-22 Company Legal/Corporate Name: Doing Business As (if different than above): Address: City: State: Zip: - Phone: Fax: E-Mail Address: Website: DUNS # Remit to Address (if different than above): Order from Address (if different from above): Address: Address: City: State: Zip: City: State: Zip: Contact for Questions about this bid: Name: Fax: Phone: E-Mail Address: Day-to-Day Project Contact (if awarded): Name: Fax: Phone: E-Mail Address: Certified Small Business Certifying Agency: Certified Minority, Woman or Disadvantaged Business Enterprise Certifying Agency: Provide supporting documentation for your certification, if applicable. SCRUTINIZED COMPANIES FORM Natural Gas – Line Locating Services 31 ITB #08-22 SCRUTINIZED COMPANIES THAT BOYCOTT ISRAEL LIST CERTIFICATION FORM THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel; and 2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation and is not listed on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel; and 3. “Boycott Israel” or “boycott of Israel” means refusing to deal, terminating business activities, or taking other actions to limit commercial relations with Israel, or persons or entities doing business in Israel or in Israeli-controlled territories, in a discriminatory manner. A statement by a company that it is participating in a boycott of Israel, or that it has initiated a boycott in response to a request for a boycott of Israel or in compliance with, or in furtherance of, calls for a boycott of Israel, may be considered as evidence that a company is participating in a boycott of Israel; and 4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals are placed on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel. __________________________________________ Authorized Signature __________________________________________ Printed Name __________________________________________ Title __________________________________________ Name of Entity/Corporation STATE OF _____________________ COUNTY OF ___________________ The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization on, this _____ day of _________________, 20____, by ______________________________ (name of person whose signature is being notarized) as the ________________________ (title) of ______________________________________(name of corporation/entity), personally known ______, or produced _________________________ (type of identification) as identification, and who did/did not take an oath. ______________________________________ Notary Public ____________________________________ Printed Name My Commission Expires: __________________ NOTARY SEAL ABOVE SCRUTINIZED COMPANIES FORM Natural Gas – Line Locating Services 32 ITB #08-22 SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA CERTIFICATION FORM IF YOUR BID/PROPOSAL IS $1,000,000 OR MORE, THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaging in business operations in Cuba and Syria; and 2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation and is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Sector List, or engaged in business operations in Cuba and Syria; and 3. Business Operations means, for purposes specifically related to Cuba or Syria, engaging in commerce in any form in Cuba or Syria, including, but not limited to, acquiring, developing, maintaining, owning, selling, possessing, leasing or operating equipment, facilities, personnel, products, services, personal property, real property, military equipment, or any other apparatus of business or commerce; and 4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals are placed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Sector List, or engaged in business operations in Cuba and Syria. __________________________________________ Authorized Signature __________________________________________ Printed Name __________________________________________ Title __________________________________________ Name of Entity/Corporation STATE OF _____________________ COUNTY OF ___________________ The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization on, this _____ day of _________________, 20____, by _______________________________ (name of person whose signature is being notarized) as the ________________________ (title) of ______________________________________(name of corporation/entity), personally known ______, or produced _________________________ (type of identification) as identification, and who did/did not take an oath. ______________________________________ _ Notary Public ____________________________________ Printed Name My Commission Expires: __________________ NOTARY SEAL ABOVE E-VERIFY ELIGIBILITY FORM Natural Gas – Line Locating Services 33 ITB #08-22 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 OFFER CERTIFICATION By signing and submitting this Bid, the Vendor certifies that: a) It is under no legal prohibition on contracting with the City of Clearwater. b) It has read, understands, and is in compliance with the specifications, terms and conditions stated herein, as well as its attachments, and any referenced documents. c) It has no known, undisclosed conflicts of interest. d) The prices offered were independently developed without consultation or collusion with any of the other respondents or potential respondents or any other anti-competitive practices. e) No offer of gifts, payments or other consideration were made to any City employee, officer, elected official, or consultant who has or may have had a role in the procurement process for the services and or goods/materials covered by this contract. f) It understands the City of Clearwater may copy all parts of this response, including without limitation any documents and/or materials copyrighted by the respondent, for internal use in evaluating respondent’s offer, or in response to a public records request under Florida’s public records law (F.S. 119) or other applicable law, subpoena, or other judicial process; provided that Clearwater agrees not to change or delete any copyright or proprietary notices. g) Respondent hereby warrants to the City that the respondent and each of its subcontractors (“Subcontractors”) will comply with, and are contractually obligated to comply with, all Federal Immigration laws and regulations that relate to their employees. h) Respondent certifies that they are not in violation of section 6(j) of the Federal Export Administration Act and not debarred by any Federal or public agency. i) It will provide the materials or services specified in compliance with all Federal, State, and Local Statutes and Rules if awarded by the City. j) It is current in all obligations due to the City. k) It will accept such terms and conditions in a resulting contract if awarded by the City. l) The signatory is an officer or duly authorized agent of the respondent with full power and authority to submit binding offers for the goods or services as specified herein. ACCEPTED AND AGREED TO: Company Name: Signature: Printed Name: Title: Date: REFERENCES Natural Gas – Line Locating Services 35 ITB #08-22 Instructions: Vendor must provide three (3) customer references for work that is similar to the size and scope as outlined, within the past five (5) years, with bid submittal. Complete and return with bid submittal. Reference # 1 Customer Name: Contract Value: Date Began: Date Completed: Address City / State / Zip Contact Person: Phone: Email: Additional Notes: Reference # 2 Customer Name: Contract Value: Date Began: Date Completed: Address City / State / Zip Contact Person: Phone: Email: Additional Notes: Reference # 3 Customer Name: Contract Value: Date Began: Date Completed: Address City / State / Zip Contact Person: Phone: Email: Additional Notes: Vendor Name Date: MAILING LABEL CUT ALONG THE LINE AND AFFIX TO THE FRONT OF YOUR BID CONTAINER Natural Gas – Line Locating Services 36 ITB #08-22 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ SEALED BID Submitted by: Company Name: Address: City, State, Zip: ITB #08-22, Natural Gas Distribution Main & Service Line Locating Services Due Date: March 3, 2022 at 10:00 A.M. City of Clearwater Attn: Procurement PO Box 4748 Clearwater FL 33758-4748 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ SEALED BID Submitted by: Company Name: Address: City, State, Zip: ITB #08-22, Natural Gas Distribution Main & Service Line Locating Services Due Date: March 3, 2022 at 10:00 A.M. ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ City of Clearwater Attn: Procurement 100 S Myrtle Ave 3rd Fl Clearwater FL 33756-5520 Page 1 of 3 Addendum #1 ITB # 08-22: Natural Gas Distribution Main & Service Line Locating Services 2/18/2022 NOTICE IS HEREBY GIVEN that the following addendum serves to provide clarification and to answer the questions received on ITB # 08-22: Natural Gas Distribution Main & Service Line Locating Services. Clarification 1: Section B, Service Requirements, Sub-section ii. Reading this is leading us to believe that the locating vendor must contact and obtain approval for all emergency located requests. Answer to Clarification 1: Approval is required for emergency locate services outside of non-business hours. Question 1: The bid identifies that the Gas and Propane are on GIS maps but also identifies paper maps. Please identify what the paper maps would be required to be used on? Answer to Question 1: The City does not require paper maps to be used and the use of paper maps will be at the discretion of the Vendor. Per Section B. SERVICE REQUIREMENTS (v), maps will be provided online and in paper copy format. Question 2: Does the plastic [pipe] all have tracer wire? Answer to Question 2: While all plastic pipe should have tracer wire installed, Vendor should make allowances where tracer wire discontinuity is possible. Refer to Section B. SERVICE REQUIREMENTS (xv) & (xvi). Question 3: If the Plastic [pipe] doesn’t have tracer wire, how is the plant now being marked or is the locating vendor turning back those type of tickets? Answer to Question 3: Refer to Section B. SERVICE REQUIREMENTS (xi) & (xv). Question 4: [Regarding Hand Shovel or Vacuum Excavate when segments are difficult to locate, repair broken wire segments] How many times did your current vendor have to vacuum excavate? Answer to Question 4: The current vendor has not used vacuum excavation during the term of the current contract. Question 5: [Regarding Hand Shovel or Vacuum Excavate when segments are difficult to locate, repair broken wire segments] Did your vendor charge additional for the vacuum excavation work? If so, what was the fee they charged the city? Answer to Question 5: Reference Answer to Question 4 above. Question 6: [Regarding Hand Shovel or Vacuum Excavate when segments are difficult to locate, repair broken wire segments] Will the locating vendor be required to repair the tracer wire if under the hard surface of a road? Page 2 of 3 Answer to Question 6: The Vendor will not be responsible for repairing tracer wire that is under a road or hard surface but should notify the CGS designated representative(s) to make them aware. However, if the road or hard surface is already open due to other ongoing work then the Vendor is expected to repair the wire. A road will not be cut into for the sole purpose of wire repairs. Question 7: [Regarding Hand Shovel or Vacuum Excavate when segments are difficult to locate, repair broken wire segments] If your vendor has had to excavate and repair the tracer wire in the road, how many times last year did they have to cut into the road to make the repair? Answer to Question 7: Reference Answer to Question 6 above. Question 8: [Regarding Hand Shovel or Vacuum Excavate when segments are difficult to locate, repair broken wire segments] How many times did your vendor have to repair the tracer wire? Answer to Question 8: The current vendor has not had to repair tracer wire during the term of the current contract. Question 9: How Many times in the past year did you charge your current vendor the Liquidated Damage Fee? Answer to Question 9: The City has not charged the current vendor the Liquidated Damage Fee. However, the current vendor has been charged for damages resulting from failure to accurately complete a locate ticket within the scope as outlined in this solicitation. Question 10: [On the Bid Pricing Page regarding Other Services Pricing and Quarter Hour Rate] Please identify how and what services would fall into each of these sections? Answer to Question 10: Reference BID PRICING form, page 28. Question 11: Please provide clarity on how your current vendor is applying these charges for Other Services Pricing and Quarter Hour Rate? Answer to Question 11: The other services pricing and quarter hour rate is typically used when the locate ticket is excessive or part of a large project that requires frequent trips to complete the locate ticket. Question 12: What are the current rates for a regular request? Answer to Question 12: Our current vendor Olameter DPG charges $9.48 for each regular request locate ticket. Question 13: What are the current rates for a short notice request? Answer to Question 13: The City currently pays $9.48 for each short notice request locate ticket. Question 14: What are the current rates for an emergency request? Answer to Question 14: The City currently pays $9.48 for each emergency request locate ticket. Question 15: What are the current rates for the hourly and quarter-hourly rates? Page 3 of 3 Answer to Question 15: The City pays $45.00 for initial hour and $11.25 per quarter hour. End of Questions and Answers All other dates and terms and conditions remain the same in this Invitation to Bid. End of Addenda Page 1 of 3 Addendum #2 ITB # 08-22: Natural Gas Distribution Main & Service Line Locating Services 02/24/2022 NOTICE IS HEREBY GIVEN that the following addendum serves to provide clarification and to answer the questions received on ITB # 08-22, Natural Gas Distribution Main & Service Line Locating Services. Question 1: In the past 3 years, how many at-fault damages did Olameter receive? (Broken down by year) Answer to Question 1: Over the last two (2) years, the City has billed for 22 at-fault damages. Question 2: In the past 3 years, what was the average cost of repair on Gas Service [lines]? Answer to Question 2: The average cost of repair on gas service lines are $800.00/Each. Question 3: In the past 3 years, what was the average cost of repair on Gas Main [lines]? Answer to Question 3: The average cost of repair on gas main lines can vary based on size and pressure of the line. For a two-inch (2”) plastic line, the cost of repair would be $25.00 per foot. Question 4: Will the tickets be sent the direct to the locating vendor from FL811 or will they be pre-screened by Clearwater Gas? Please identify the flow of the utility request ticket? Answer to Question 4: The Vendor will be listed in the Sunshine 811 system as a contractor for CGS. All tickets will be sent to the awarded Vendor’s ticket management system and will be fully executed by the Vendor. Question 5: In Clarification 1 - Approval is required for emergency locate services outside of non-business hours. Please identify how the locating vendor obtains this request from Clearwater Gas at 2:00 in the morning? Is this a verbal approval? Also please identify the procedure that is currently taking place and how it is logged that approval was granted. Answer to Question 5: CGS performs all after hours emergency locates. For the very rare instance that the vendor is asked to perform an emergency locate during non- business hours, the request will be initiated as a phone call for expediting purposes during an emergency and will be followed up with an email. Question 6: In reference to the after-hour emergency pre-approval, if approval is not granted, will Clearwater gas provide contractual language that the locating vendor is released of the liability? Answer to Question 6: Reference Answer to Question 5 above. Question 7: Do we receive notices directly and respond accordingly, or does CGS screen tickets and release to locator? Answer to Question 7: Reference Answer to Question 4 above. Page 2 of 3 Question 8: [Solicitation] says we only work emergency tickets if approved in writing? Does CGS take responsibility of response times for emergency requests? How many emergencies are there during non-business hours? Answer to Question 8: Reference Answer to Question 5 above. Question 9: What is the approval process for work during non-business hours / emergency locate request? Answer to Question 9: Reference Answer to Question 5 above. Question 10: How will the vendor be compensated for shovel or vacuum excavation on pipelines on difficult locates then the repair broken tracer wire segments and also install locate stations? Answer to Question 10: Compensation will be based on the hourly and quarter hourly rates submitted on BID PRICING form, page 28. Question 11: What are compatible communication systems? Answer to Question 11: Email and cellular phone communication are the preferred methods of communication. Question 12: How often is a site visit requested post locate by CGS? Is it 10%, 50 % or potentially 100%? Answer to Question 12: Reference Section B. SERVICE REQUIREMENTS (viii), page 18 of the solicitation. Question 13: How many trouble locate tickets were reported in the past 2 years? Answer to Question 13: There were 30 – 50 trouble locate tickets reported within the last two (2) years. Question 14: Combines locating propane tank systems and tickets passed back for billing. Is CGS requiring or not requiring that propane systems be marked as a part of a ticket? Do the costs of the propane system go back to the locate company to collect from the owner of the propane system, or homeowner? Does your propane system have tracer wire? Answer to Question 14: Propane systems are located from the tank to the second stage regulator. The locate Vendor is working for CGS and is responsible for locating only the CGS system. All customer owned piping downstream of the meter or second stage propane regulator is the responsibility of the property owner and not defined within the scope of 811 work. Question 15: How is the charge back determined for a line that has been passed back? This section references minimal effort but what does this mean? Answer to Question 15: Minimal effort can be explained as properly using the locate equipment and connections or light digging to find a buried wire connection or finding a test station to connect. Question 16: Due to varying volumes of tickets, and a 2 working day requirement to complete notifications (1 day or 3 hours in some cases) all tickets may not be able to be completed within Page 3 of 3 the end of day window. What recourse will the locator have if all tickets can not be completed by the end of day target? Answer to Question 16: Vendor will be expected to continue the following business day. In rare instances, vendor may be asked by CGS to work beyond normal hours due to project deadlines at which point the vendor’s non-business hour rates will apply. It is the contractor’s obligation to have adequate staffing to complete all tickets within the scope of Florida Statute 556. Question 17: Does the daily safety briefing have to be in person or face to face, or would a electronic communication suffice? Answer to Question 17: This is dependent on the Vendor’s established internal safety standards. Question 18: If a locate requires a MOT plan, and the approval for the MOT plan takes 48 hours, does CGS or the locator extend the response time to the request? Answer to Question 18: It is the responsibility of the Vendor to communicate with all parties for any delays. Question 19: What is the approval process for emergency tickets during normal hours and during after-hours? How are these tickets currently being screened? Answer to Question 19: Reference Answer to Question 4 and 5 above. Question 20: What is the average amount of times per year MOT has been called out for traffic control? Answer to Question 20: This will vary. This past year, MOT services were not needed. Reference Section H. TRAFFIC CONTROL AND PEDESRIAN SAFETY (iv), page 21 of the solicitation. Question 21: What is the marked to clear ratio with the ticket volume? Answer to Question 21: Usually, five percent (5%) to ten percent (10%) of all tickets are marked tickets. Please Note: The ten (10) day deadline for submitting questions is now closed and no further questions will be responded to. End of Questions and Answers End of Addenda Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0466 Agenda Date: 5/19/2022 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Gas System Agenda Number: 7.2 SUBJECT/RECOMMENDATION: Accept a Gas Utility Easement from Belleview Biltmore Country Club Corp. for the construction, installation, and maintenance of gas utility facilities on real property located at 1 Country Club Ln, Belleair FL, 33756. (consent) SUMMARY: Belleview Biltmore Country Club Corp (Grantor) has granted a non-exclusive five-foot wide natural gas easement, on property located at 1 Country Club Ln, Belleair FL, 33756 (Parcel IDs# 21-29-15-06480-000-0100, 21-29-15-06480-000-0307, 21-29-15-06480-000-0312 and 21-29-15-06480-000-0313) for the installation of a natural gas distribution line. This line will serve both residential and commercial customers upstream and downstream of this easement. The current line was constructed in the 1970’s without an easement. In 2016, the City acquired an easement for the northern section of the line and completed a replacement of that section of the line. This easement provides for the southern portion of the line to be replaced and relocated within the new easement. The easement grant is sufficient for the City to maintain and replace its facilities as necessary in perpetuity, or until such time as the City determines to abandon its use. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 5/17/2022 --­ Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0467 Agenda Date: 5/19/2022 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Gas System Agenda Number: 7.3 SUBJECT/RECOMMENDATION: Approve an increase to Purchase Order 21000951 to Geosyntec Consultants, Inc. of Boca Raton, FL for supplemental site work and project management at the former manufactured gas plant (MGP) site located at 777 Maple St, Clearwater, FL in the amount of $72,400.00 for a new total of $138,300.00, pursuant to RFQ 26-19, Engineer of Record, and authorize the appropriate officials to execute same. (consent) SUMMARY: On July 8, 2021, the City Manager approved the original proposal for Post-Redevelopment Groundwater Monitoring Activities at the Former Manufactured Gas Plant in the amount of 65,900.00. Geosyntec Consultants has provided Clearwater Gas System (CGS) a proposal for supplemental post-redevelopment groundwater monitoring activities. The scope of work consists of six tasks that involve the addition of three new groundwater monitoring wells to assess the water quality above the water aquifer and other supporting tasks outlined below: 1)Mobilization & Procurement ($1,600) ·Review/revise existing Site-Specific Health & Safety Plan (HASP) ·Scheduling of site work and provide field notifications to the Florida Department of Environmental Protection (FDEP) prior to commencement of work 2)Drilling & Well Installation ($15,800) ·Install three new monitoring wells, as requested by FDEP ·Additional wells intend to complete the delineation of groundwater impacts on the site 3)Groundwater Sampling ($22,200) ·Sample the three new wells and the existing 35 wells on the project site ·Groundwater samples will be analyzed for volatile organic compounds (VOCs), naphthalene and Polycyclic Aromatic Hydrocarbons (PAHs) 4)Report findings to FDEP ($8,100) ·Geosyntec will prepare a summary letter of the groundwater results for submittal to FDEP. Report will include an overview map showing locations of all monitoring wells and test results of the groundwater quality. ·Show the extents/boundary of groundwater impacts on the MGP site. Page 1 City of Clearwater Printed on 5/17/2022 File Number: ID#22-0467 5)Prepare written Plans ($18,500) ·Geosyntec will prepare a written Site Environmental Management Plan (SEMP) for the management of any future construction activities on the MGP site ·Prepare a Remedial Action Plan (RAP) and submit to FDEP. RAP will provide conceptual and general design detail for the implementation of a soil capping & barrier system to be installed at the MGP site to minimize leaching of contaminated soils to the groundwater. ·RAP will also provide descriptions for implementing both restrictive covenants (RCs) and Institutional Controls (ICs) that would be placed on the MGP property. In addition, work with Pinellas County Health Department, located at 310 N Myrtle Ave, Clearwater to place any necessary restrictions on that property as well. 6)Project Management ($6,200) ·Geosyntec will provide day to day project management activities, such as scheduling, meeting with project team members, FDEP meetings, and other activities to ensure project objectives are met and on time. Work performed under this proposal is in accordance with the Brownfield Site Rehabilitation Agreement (BSRA), which was approved by the City Council and the Florida Department of Environmental Protection (FDEP) in December 2017, for site rehabilitation and redevelopment of this MGP location. Under the scope of this proposal, Geosyntec would work with the City and outside legal Counsel to close out the MGP property site with FDEP and would not require additional analysis/testing. APPROPRIATION CODE AND AMOUNT: Funds are budgeted and available in capital improvement project 3237323-96358 (Environmental Remediation) Page 2 City of Clearwater Printed on 5/17/2022 12802 Tampa Oaks Boulevard, Suite 151 Tampa, Florida 33637 PH 813.558.0990 FAX 813.558.9726 www.geosyntec.com 15 March 2022 Transmitted Via E-Mail Mr. Brian Langille, P.E., C.E.M. Operations Manager Clearwater Gas System 400 North Myrtle Avenue Clearwater, FL 33755 Subject: Proposal for Supplemental Post-Redevelopment Groundwater Monitoring Activities Clearwater Gas System – Former Manufactured Gas Plant OGC Case No. 93-0230 / FDEP Site No. COM_65207 Dear Mr. Langille: Geosyntec Consultants (Geosyntec) is pleased to provide Clearwater Gas System (CGS) this cost proposal for supplemental groundwater monitoring activities associated with the installation of a post-redevelopment groundwater monitoring well network to satisfy groundwater monitoring requirements for the former manufactured gas plant (MGP) site (Site) referenced above. This letter provides Geosyntec’s proposed scope of work and estimated costs to install wells, collect current groundwater data from all existing Site monitoring wells and prepare reporting for submittal to the Southwest District of the Florida Department of Environmental Protection (FDEP). Beginning in 2018 and ending in 2020 the Site was redeveloped by CGS’ contractor. The construction activities resulted in the loss/destruction of approximately 20 monitoring wells that had been installed on-Site for groundwater assessment purposes prior to the redevelopment activities. In 2021 Geosyntec oversaw the installation of 14 groundwater monitoring wells to replace the lost/destroyed wells and to complete the delineation of dissolved phase groundwater impacts associated with the Site. Following the new well installations, Geosyntec obtained and analyzed groundwater samples from 34 on- and off-Site groundwater monitoring wells for the compilation of a synoptic summary of groundwater analytical results. Geosyntec submitted the results to the FDEP in the 3 December 2021 Post Re-Development Groundwater Monitoring Summary report which concluded the installation of 2 additional groundwater monitoring wells necessary to complete the lateral extent of Site-related contaminants of concern (COCs). A second round of comprehensive groundwater sampling and analysis of all Site-related monitoring wells, including the two proposed well additions, was also recommended. Mr. Brian Langille, P.E. 15 March 2022 Page 2 FR8190 CGS Well and Sampling Proposal_15March2022_REV03 On 10 December 2021, FDEP responded to the report submittal with comments. In addition to the 2 proposed well installations and comprehensive sampling by Geosyntec, FDEP requested a third well location installation and re-submittal of the Post Re-Development Groundwater Monitoring Summary report to the FDEP by 30 April 2022. The objective of the work described herein is to install the 3 additional appropriately located monitoring wells and then to collect a synoptic round of groundwater analytical results for Site-related constituents of concern (COCs) as required by the Florida Department of Environmental Protection (FDEP). These results will be incorporated in a final Site assessment report and ultimately a Remedial Action Plan (RAP) to be developed under Florida Administrative Code (F.A.C.) Chapter 62-780. This proposal also includes estimated costs for the preparation of a Site Environmental Management Plan (SEMP). Geosyntec proposes a drilling and groundwater sampling scope of work whereby monitoring well installation will be completed at select locations on property owned by CGS and one location on City of Clearwater right-of-way. The actual locations will be based on Site reconnaissance, building locations and overhead/underground utility locations. To further define the scope of work, we propose the following primary tasks for implementation: •Task 1: Mobilization and Procurement •Task 2: Drilling and Well Installation •Task 3: Groundwater Sampling •Task 4: FDEP Groundwater Report •Task 5: RAP and SEMP •Task 6: Project Management Each of these proposed tasks is described in detail below. Task 1 – Mobilization and Procurement Task 1 is proposed for the mobilization and procurement of project resources. The following preliminary activities will be completed under Task 1: •Review and revision of the existing Site-specific Health and Safety Plan (HASP) in accordance with the requirements of 29 CFR 1910.120 (required document per OSHA). The HASP covers activities to be completed during implementation of the proposed field activities. A copy of the HASP will be on-Site during the performance of all field activities. •Scheduling and conducting a utility locate with Sunshine State One-Call of Florida and a private Utility locating subcontractor (GeoTek Services) prior to initiating any drilling or subsurface activities at the proposed drilling locations. Mr. Brian Langille, P.E. 15 March 2022 Page 3 •Procuring and scheduling a drilling subcontractor, analytical laboratory, and investigation- derived waste (IDW) transport and disposal subcontractor. •Field notification to FDEP Southwest District prior to drilling and sampling activities (notifications will be made via email correspondence). •Procuring of City of Clearwater right-of-way permit and field notification to the City of Clearwater Engineering Department prior drilling activities in the right-of-way area. Task 2 Drilling and Monitoring Well Installation Geosyntec has identified on- and off-Site areas to install and position 3 permanent monitoring wells for point of compliance monitoring based upon the August 2021 comprehensive groundwater sampling analytical results and FDEPs comments to the 2021 Post Re-development Groundwater Monitoring Summary Report. The additional well installations are intended to complete the delineation of dissolved phase groundwater impacts within the surficial aquifer to a depth of approximately 25 to 30 feet (ft) below land surface (bls). Historical groundwater sampling from wells screened below the confining Hawthorn marine clays (starting at approximately 25 ft bls) at the Site indicate non-impacted groundwater conditions; however, a single replacement well is proposed for depths below the Hawthorn Group clays (i.e., screens deeper than 35 ft bls) per FDEP request. Table 1 presents the well construction details for all currently existing monitoring wells and the destroyed monitoring wells at on-Site locations. One (1) proposed location for COC delineation of the Upper Surficial aquifer (water table zone), one (1) proposed location for COC delineation of the Lower Surficial aquifer (zone immediately above the Hawthorn Group), and one (1) proposed location for COC delineation of the Intermediate aquifer (zone immediately below the Hawthorn Group) are depicted on the attached Figure 1. Geosyntec proposes to collect continuous soil core samples from the proposed well locations. Total depths will vary based upon depth of well at the drilling location. Where the lower lower surficial aquifer well is proposed the borings will extend to the top of the underlying Hawthorn Group (to be identified as an olive-green marine clay that is typical as the upper contact of the Hawthorn Group in this part of Pinellas County and specifically at the Site) and where the intermediate aquifer well is proposed the borings will extend past the bottom of the overlying Hawthorn Group and into the underlying limestone unit. All borings will be visually inspected, logged and field screened using a photo-ionization detector (PID). Terminal depths will be based on field observations by the lead Geosyntec field geologist. The lithologic inspection at each location will be used to select each well screen depth interval. FR8190 CGS Well and Sampling Proposal_15March2022_REV03 Mr. Brian Langille, P.E. 15 March 2022 Page 4 The monitoring well proposed for installation within the shallow surficial aquifer (i.e., water table) will have an approximate screen depth of 3 to 13 ft bls. The lower surficial aquifer monitoring well is proposed for installation at the base of the surficial aquifer (approximate screen depth intervals of 20-25 ft bls, depending upon observed lithology at the boring location). The intermediate aquifer monitoring well is proposed for installation just past the base of the Hawthorn Group clays (approximate screen depth intervals of 45-50 ft bls, depending upon observed lithology at the boring location). The two surficial aquifer wells will be installed via direct-push drilling utilizing threaded steel drive casing and constructed with prepacked screens consisting of a 1-inch diameter, 0.010-inch mill-slotted polyvinyl chloride (PVC) well screen surrounded by 20/30 silica filter sand contained within a stainless-steel mesh. The blank riser above the well screens will be 1-inch diameter threaded PVC well casing. A fine sand choke seal (30/65 size) will be gravity placed atop the well screen interval and the remaining annular space will be grouted to land surface. The intermediate aquifer well will be installed via sonic drilling methods utilizing 8-inch steel temporary override casing installed into the uppermost 5 feet of the confining unit (Hawthorn Group clays) to isolate the surficial aquifer from the intermediate aquifer during soil boring collection and well construction preventing introduction of any surficial aquifer COCs into the intermediate aquifer. Following the collection of each soil sample, all 4-inch by 6-inch steel casing and sampling rods will be decontaminated prior to the advancement of to the borehole by utilizing Alconox © detergent, scrub brushes, and a wet steam pressure washer. The intermediate well will be constructed with a screened interval consisting of a 2-inch diameter, 0.010-inch mill-slotted polyvinyl chloride PVC well screen surrounded by 20/30 silica sand filter pack. The blank riser above the well screen will be 2-inch diameter threaded PVC well casing. A 2-foot minimum bentonite seal (minimum 30 minute hydration time) will be placed atop the filter pack and the remaining annular space will be grouted to land surface. Geosyntec proposes to utilize drilling subcontractors ATI for the surficial aquifer well installations and PDS for the intermediate aquifer well installation (ATI and PDS are licensed by the state of Florida as a Water Well Contractors). The monitoring well installations (a total of 3 monitoring wells) are assumed for 2.5 days of field work. Each well will be installed with a flush-mount bolt-down manhole set into an approximate 12-inch by 12-inch concrete pad for protection from traffic. Each well will be developed until purge water measures below 20 Nephelometric Units (NTUs) using a calibrated turbidimeter. Investigation-derived waste (IDW) created during well installation activities will be containerized into 55-gallon steel drums at the Site for subsequent off-Site disposal. FR8190 CGS Well and Sampling Proposal_15March2022_REV03 Mr. Brian Langille, P.E. 15 March 2022 Page 5 Geosyntec assumes that surveying services from the City of Clearwater will be used to verify the datum for select and new monitoring wells. As such, no costs are included in this proposal for land surveying activities. Task 3 - Groundwater Sampling Task 3 includes the elements that will be performed to acquire additional data (both field data and laboratory measurements). This task includes the elements that will be performed to sample a total of thirty-eight (38) Site monitoring wells; the well network is assumed to consist of 35 pre-existing wells (listed on Table 1) and 3 new monitoring wells to be installed as described in Task 2, above. Task 3 includes collection of depth to water measurements within each existing monitoring well at the Site. The scope of work does not include sampling or measurement of any University of Waterloo multi-level well bundles. The scope of work does not include sampling of the shallow monitoring wells associated with the former UST assessment on the Pinellas County Health Department property (wells which include the “HD” prefix), except for well HDMW-9 (paired with MW-9D). The field sampling is assumed for 4 days by 2 staff level Geosyntec personnel. Monitoring well depth sounding will be conducted prior to groundwater sampling to verify the total depths of wells to calculate purge volumes. Monitoring wells that contain non-aqueous phase liquid (NAPL) will not be sampled for COCs. An electric water level indicator will be utilized to obtain groundwater elevations at monitoring wells. The measurements will be made to the nearest hundredth of a foot (±0.01) relative to the top of well casing measuring points. The measurements and resulting elevations will be used to evaluate groundwater flow direction and hydraulic gradient and for generation of potentiometric flow maps for each hydrogeologic unit. Field activities and sample collection will be performed in general compliance with the Florida Department of Environmental Protection’s (FDEP’s) Standard Operating Procedures (SOP) Manual (DEP-QA-001/01) promulgated in April 2002 and revised in March 2014. A copy of the site-specific Health and Safety Plan (HASP) will be retained on-Site and adhered to throughout all field activities. Task Hazard Analysis (THA) field forms specific to sampling have already been prepared by Geosyntec for use and will be referenced and followed during the field work. Geosyntec will conduct one round of groundwater sampling from thirty-eight (38) new and existing Site monitoring wells. The laboratory analytical testing for groundwater samples collected from permanent monitoring wells will be performed by TestAmerica Laboratories (Tampa, Florida). Samples will be collected using low-flow (quiescent) procedures consistent with FDEP standard operating procedure DEP-SOP-001/01 FS2200 Groundwater Sampling. Purging and sampling will be conducted with a peristaltic pump or an electric submersible pump, dependent FR8190 CGS Well and Sampling Proposal_15March2022_REV03 Mr. Brian Langille, P.E. 15 March 2022 Page 6 upon well depth; surficial aquifer monitoring wells will be sampled via peristaltic pump. Field monitoring parameters for stability will be monitored with calibrated equipment. Parameters will include temperature, pH, specific conductance, oxidation-reduction potential and turbidity. In the event a peristaltic pump cannot be used to purge a monitoring well due to water level depths relative to land surface, an electrical submersible pump will be on Site during the sampling event. Field monitoring of groundwater during purging and sampling will include the collection of the following data via calibrated field instrumentation: Depth to water table; Presence or absence of non-aqueous phase liquid (NAPL); pH (measured in standard units [S.U.]); Temperature (measured in degrees Celsius [oC]); Conductivity (measured in milli-Siemens per centimeter [mS/cm]); Oxidation Reduction Potential (ORP) (measured in millivolts [mV]); Dissolved oxygen (measured as mg/L); and Turbidity (measured as NTU). Groundwater samples will be analyzed at the laboratory for: Volatile organic compounds (VOCs) plus naphthalene by USEPA method 8260; and Polycyclic Aromatic Hydrocarbons (PAHs) by USEPA Method 8270-SIM. Groundwater samples will be stored on ice and shipped to TestAmerica via courier at the end of each sampling day. For quality assurance/quality control (QA/QC) purposes, two (2) samples will be collected and analyzed in duplicate, one (1) sample will be collected for matrix spike/matrix spike duplicate (MS/MSD) and two (2) field/equipment rinse blanks will also be collected. IDW created during groundwater sampling activities will be containerized into 55-gallon steel drums at the Site for subsequent off-Site disposal. Task 4 – FDEP Groundwater Report Upon completion of the monitoring well sampling activities, Geosyntec will prepare a summary letter report of the results for submittal to FDEP signed by a licensed Professional Geologist. The letter report will include updated groundwater analytical data tables and revised maps showing the monitoring well locations and extents of the dissolved phase MGP-related groundwater plume. FR8190 CGS Well and Sampling Proposal_15March2022_REV03 Mr. Brian Langille, P.E. 15 March 2022 Page 7 The groundwater sampling and analysis report will also provide monitoring well construction forms and lithologic logs to document well installation activities. The detailed report will be provided to CGS for one round of comments and revision prior to submittal to FDEP. It is anticipated that the submittal to FDEP will be made within approximately 60 days following completion of the field sampling work. This task includes performance of data validation review by a Geosyntec QA/QC practitioner regarding laboratory deliverables and data usability. The report will include a summary of field activities, field forms, sampling narrative, updated figures generated using geographic information system (GIS) and/or CAD files, potentiometric surface maps, chemical data tables and constituent concentration maps depicting analytical information obtained to provide a current understanding of the groundwater conditions and delineation extents within the surficial aquifer. No such report will be submitted to FDEP without prior approval from CGS. Task 5 – RAP and SEMP Geosyntec will prepare a written Site Environmental Management Plan (SEMP) which will be used in the management of any future construction activities at the Site. The purpose of the SEMP will be to prescribe the specifications for the proper handling and disposal of any contaminated media (soils, groundwater) that may be encountered by any person performing work, specifically intrusive activities (i.e., digging, trenching) on the CGS properties. The approximately 7-acre CGS property, including the former railroad property, has been redeveloped under the State’s Brownfield Program into a functional, modernized gas operations headquarters facility. The provisions of the SEMP will include the means and general methods for media management when penetrating the ground surface (engineered capping system), maintaining a safe work environment in the presence of potentially contaminated soil and groundwater, protecting the public from health, safety, and environmental hazards associated with exposed soil, groundwater, and vapors, and appropriate disposal or reuse of potentially contaminated soil and groundwater. Contaminant fact sheets and a summary of the anticipated chemical hazards will be included in the SEMP. It is envisioned that CGS workers and its contractors will abide by the terms of the SEMP whenever their work entails any activity that penetrates ground surface and/or that creates an enclosed space at ground level where vapors may accumulate. Geosyntec will prepare a RAP for submittal to FDEP which will be prepared consistent with the requirements of Chapter 62-780, Florida Administrative Code (F.A.C.). (Note: the Site has been transferred from the previous Consent Order mechanism to the Florida Brownfields Site Rehabilitation Agreement [BSRA] for State of Florida regulatory management.) The RAP will provide conceptual and generally generic design details for and the implementation of a soil FR8190 CGS Well and Sampling Proposal_15March2022_REV03 Mr. Brian Langille, P.E. 15 March 2022 Page 8 capping and barrier system to be installed at the Site (via redevelopment), designed to mitigate direct exposure to soils and groundwater and to minimize leaching to groundwater. The RAP will be prepared based upon the results from the proposed groundwater sampling round in conjunction with previous events (see Task 3 and Task 4, above). The RAP scope of work and associated costs assume that FDEP will be in agreement with both delineation and plume stability evaluations prepared for Task 4 and that no additional sampling would be required for the approval of the RAP and assessment tasks. The RAP will also provide descriptions for implementation of combination of restrictive covenants (RCs) and institutional controls (ICs) anticipated to be placed and executed upon on CGS properties and Pinellas County properties, as deemed necessary. The RCs and ICs would be required to establish the mechanism by which exposure, withdrawal and/or use of groundwater is prevented at the Site. Since no active remedial measures are currently planned for surficial aquifer groundwater impacts, this will be necessary as groundwater impacted by former MGP Site residuals is present at the Site and at off-Site locations. The RAP task will also include generating a GIS-based “shape-file” for use in the Southwest Water Management District ePermitting database for non-recorded institutional controls (NRICs) that prohibit groundwater use within the area of Site-related groundwater impacts. The task does not include completion of a specific use boundary survey (as the basis for the “shape-file”). It is assumed that surveying activities (i.e., specific use boundary survey) will be performed by the City of Clearwater surveying department; as such, costs for surveying are not included in this cost proposal. The RAP will include the justification for the proposed RCs, ICs, NRICs and soil cover system. Appropriate figures, tables and data will be included in the RAP. Additionally, the RAP will include an Engineering Control Maintenance Plan (ECMP) as an Appendix which will be a document that describes the engineering control, inspection, maintenance requirements pursuant to Chapter 62-780.680(7), F.A.C. For budgetary purposes, Geosyntec has assumed one face-to-face meeting with CGS, one face-to- face meeting with FDEP (pre-SEMP and pre-RAP submittal meeting, if needed), and one Site visit. The purpose of the face-to-face meeting with CGS will be to present the elements of the RAP and solicit feedback. Following the meeting with CGS, a pre-RAP/SEMP meeting (if deemed necessary) will be scheduled with FDEP (Southwest District office) to present to RAP and SEMP elements to solicit feedback with the goal of reducing to the extent practical any substantial review comments from FDEP. FR8190 CGS Well and Sampling Proposal_15March2022_REV03 FR8190 CGS Well and Sampling Proposal_15March2022_REV03 Mr. Brian Langille, P.E. 15 March 2022 Page 9 Task 6 – Project Management This task includes day-to-day project management activities, such as invoicing, file maintenance, invoice review, scheduling, contract maintenance, interaction between project team members, communications with client representatives (CGS and Baker Hostetler), other City of Clearwater team members, and FDEP, and other activities essential to ensure that the project objectives are met and project scope is completed within the allocated budget. During execution of the field work, updates will be provided to CGS and designated representatives of CGS. No meetings with FDEP are assumed in the Task 6 proposed scope or budget. PROPOSAL ASSUMPTIONS •All work can be performed in Level D personal protective equipment. •The existing Site-specific HASP (prepared in accordance with the requirements of 29 CFR 1910.120) will be utilized. The HASP covers activities to be completed during implementation of the proposed field activities. A copy of the HASP will be present during the performance of all field activities. •Costs are based upon the performance of proposed investigation activities during normal business hours (7:00 am through 5:00 pm) during weekdays. One Geosyntec field staff will be on-Site to perform the sampling work and PDS contractor oversight. Senior Geosyntec staff will be available off-Site during performance of the work for technical consultation by the field team. Additional budget may be required if investigation activities are conducted during off-hours (i.e. 5:00 pm through 7:00 am) and/or if weekend only work requirements result in multiple mobilizations. •Geosyntec costs assume that up to nine (9) 55-gallon drums of IDW will be generated during drilling and well installation and groundwater sampling activities. Drums will be secured on-Site for transport and disposal by Clark Environmental Services (Mulberry, Florida) as non-hazardous waste (additional budget will be required if hazardous waste disposal is required). •The on-Site property will be accessible to Geosyntec, ATI and PDS for monitoring well installation and can be utilized by Geosyntec for staging and storage of equipment during performance of the work and IDW following the completion of work. •Maintenance of traffic set-up/signage will not be required for completing on-Site drilling locations and sampling of monitoring wells. Mr. Brian Langille, P.E. 15 March 2022 Page 10 •A total of forty-one (43) analytical samples for VOCs by USEPA Method 8260 will be analyzed as part of Task 3, inclusive of quality assurance (QA) samples (e.g., duplicates, trip blanks, field blanks, etc.) for these samples. ESTIMATED COSTS Geosyntec estimates that the work described above can be completed for approximately $72,400. The estimated costs for the work described herein are summarized below: Proposal No. FR8190/Groundwater Assessment Table 1 - Summary of Estimated Costs TASK Labor Hours Labor Direct Expenses External Expenses ESTIMATED COST (rounded) Task 1 Mobilization & Procurement 12 $1,551 $1,600 Task 2 Drilling & Well Installation 34 $4,557 $389 $10,803 $15,800 Task 3 Groundwater Sampling 102 $11,518 $2,535 $8,079 $22,200 Task 4 FDEP Reporting 59 $8,074 $8,100 Task 5 RAP and ECMP 116 $18,026 $300 $18,500 Task 6 Project Management 39 $5,817 $300 $6,200 TOTAL 148 $42,633 $3,224 $18,882 $72,400 Optional All work proposed herein will be performed under the terms and conditions of the existing Engineer of Record (EOR) Agreement for Professional Services between City of Clearwater (City) and Geosyntec dated 27 June 2019. Services will be billed on a time and materials rate basis according to the existing terms of the EOR Agreement between City and Geosyntec. Geosyntec appreciates this opportunity to provide Clearwater Gas System and the City of Clearwater this proposal. If the estimated budget and proposed scope of work is satisfactory and acceptable, please advise Geosyntec with respect to procedures regarding the execution of a Work Order or Purchase Order applicable to the existing EOR Agreement. Geosyntec can proceed with planning and executing the proposed field task upon notice to proceed from CGS. It is anticipated that the well installation work can be completed within 30 days of notice to proceed. FR8190 CGS Well and Sampling Proposal_15March2022_REV03 Mr. Brian Langille, P.E. 15 March 2022 Page 11 FR8190 CGS Well and Sampling Proposal_15March2022_REV03 If you have any questions regarding this proposal or require more information, please do not hesitate to contact the undersigned at 813-379-4377 or via email at abrey@geosyntec.com. Sincerely, Luke Varner, GIT Staff Geologist Andrew P. Brey, P.G. Senior Geologist cc: Mr. William L. Pence, Esq. – Baker Hostetler Attachments: Table 1 – Well Construction Summary Figure 1 – Proposed Monitoring Well Locations Table 1 : Well Construction Summary Clearwater Former MGP Site 400 North Myrtle Avenue Clearwater, Florida Well ID Date Installed TOC Elevation (ft amsl) Riser/Screen Diameter (inch) Screen Top (ft bls) Screen Bottom (ft bls) Total Depth (ft bls) Depth to Water (ft bls) Water Level Elevation (ft amsl) Location 2021 Status MW-1 02/03/98 24.89 2 2.0 12.0 12.0 -- -- On-Site; northwest Destroyed MW-2 02/03/98 24.28 2 2.0 12.0 12.0 -- -- On-Site; north Destroyed MW-2D 02/02/98 24.24 2 27.0 32.0 32.0 -- -- On-Site; north Destroyed MW-3 02/02/98 24.91 2 2.0 12.0 12.0 -- -- On-Site; northeast Destroyed MW-3D 02/02/98 24.88 2 17.0 20.0 20.0 -- -- On-Site; northeast Destroyed MW-4 02/03/98 23.27 2 2.0 12.0 12.0 -- --On-Site; north-central Destroyed MW-5 02/03/98 24.93 2 2.0 12.0 12.0 -- --On-Site; north-central Destroyed MW-6 02/03/98 24.40 2 2.0 12.0 12.0 -- --On-Site; north-central Destroyed MW-7 02/06/98 27.03 2 2.0 12.0 12.0 4.72 22.31 Off-Site; northwest Intact MW-7D 01/28/99 24.92 2 27.0 32.0 32.0 -- --On-Site; northwest Destroyed MW-7DV 02/05/03 24.77 2 45.0 50.0 50.0 -- --On-Site; northwest Destroyed MW-8 02/05/98 23.91 2 2.0 12.0 12.0 4.22 19.69 On-Site; south Intact MW-9D 02/05/98 22.81 2 21.0 26.0 26.0 4.40 18.41 Off-Site; southeast Intact MW-10 02/05/98 22.71 2 2.0 12.0 12.0 3.77 18.94 Off-Site; southeast Intact MW-10D 01/27/99 22.58 2 27.0 32.0 32.0 3.71 18.87 Off-Site; southeast Intact MW-11 02/05/98 22.99 2 2.0 12.0 12.0 4.74 18.25 Off-Site; southeast Intact MW-11DV 03/16/01 22.76 2 27.5 32.5 32.5 18.42 4.34 Off-Site; southeast Intact MW-12D 04/07/99 23.78 2 14.0 19.0 19.0 3.44 20.34 Off-Site; east Intact MW-12DV 02/04/03 23.48 2 40.0 45.0 45.0 19.04 4.44 Off-Site; east Intact MW-13 01/27/99 24.48 2 2.0 12.0 12.0 -- -- On-Site; south Destroyed MW-13DV 02/05/03 25.02 2 45.0 50.0 50.0 -- -- On-Site; south Destroyed MW-14D 01/28/99 23.20 2 27.0 32.0 32.0 -- -- On-Site; northwest Destroyed MW-15 01/28/99 25.29 2 2.0 12.0 12.0 -- -- Off-Site; north Destroyed MW-15DV 03/16/01 25.48 2 35.0 40.0 40.0 21.03 4.45 Off-Site; north Intact MW-16 01/24/01 21.95 2 2.0 12.0 12.0 3.62 18.33 Off-Site; southeast Intact MW-17 02/18/03 23.95 2 2.0 12.0 12.0 -- -- On-Site; northeast Destroyed MW-17D 01/24/01 24.50 2 16.5 21.5 21.5 -- -- On-Site; northeast Destroyed MW-18 02/18/03 22.71 2 2.0 12.0 12.0 3.53 19.18 On-Site; east Intact MW-18D 03/15/01 22.93 2 12.0 17.0 17.0 -- -- Off-Site; east Destroyed MW-19 02/18/03 22.58 2 2.0 12.0 12.0 2.37 20.21 On-Site; east Intact MW-19D 06/10/02 22.91 2 11.0 16.0 16.0 -- -- Off-Site; east Destroyed MW-20 02/18/03 23.48 2 5.0 15.0 15.0 -- --On-Site; south Destroyed MW-21 9/10/2010 22.84 2 2.0 12.0 12.0 5.45 17.39 Off-Site; south Intact MW-22 9/10/2010 22.61 2 2.0 12.0 12.0 6.04 16.57 Off-Site; south Intact MW-22D 9/10/2010 22.67 2 18.0 23.0 23.0 6.02 16.65 Off-Site; south Intact MW-23D 3/10/2011 23.45 2 13.0 18.0 18.0 -- --On-Site; north-central Destroyed MW-24D 3/10/2011 25.26 2 16.0 21.0 21.0 3.75 21.51 On-Site; west Intact MW-25 3/11/2011 24.21 2 3.0 13.0 13.0 4.71 19.50 On-Site; south Intact MW-25D 3/11/2011 24.25 2 16.5 21.5 21.5 4.71 19.54 On-Site; south Intact MW-26 3/11/2011 24.3 2 5.0 15.0 15.0 4.25 20.05 On-Site; south Intact MW-27 4/10/2012 -- 2 2.0 12.0 12.0 -- -- On-Site; south Destroyed MW-28 8/2/2021 23.82 1 4.0 14.0 14.0 5.03 18.79 On-Site; southeast New Install MW-28D 8/2/2021 23.85 1 17.0 22.0 22.0 5.12 18.73 On-Site; southeast New Install MW-29 8/2/2021 24.89 1 4.0 14.0 14.0 4.71 20.18 On-Site; southwest New Install MW-29D 8/2/2021 24.87 1 22.5 27.5 27.5 4.76 20.11 On-Site; southwest New Install MW-30 8/3/2021 24.34 1 4.0 14.0 14.0 3.59 20.75 On-Site; north-central New Install MW-31 8/3/2021 24.64 1 4.0 14.0 14.0 4.48 20.16 On-Site; north-central New Install MW-32 8/3/2021 24.35 1 3.0 13.0 13.0 4.09 20.26 On-Site; northeast New Install MW-32D 8/3/2021 24.38 1 13.0 18.0 18.0 4.11 20.27 On-Site; northeast New Install MW-33 8/4/2021 24.84 1 3.0 13.0 13.0 2.64 22.20 On-Site; northwest New Install MW-34 8/4/2021 24.46 1 3.0 13.0 13.0 2.88 21.58 On-Site; north New Install MW-34D 8/4/2021 24.43 1 16.0 21.0 21.0 2.87 21.56 On-Site; north New Install MW-35 8/4/2021 24.92 1 24.0 29.0 29.0 3.12 21.80 On-Site; northwest New Install MW-36 8/5/2021 25.30 1 3.0 13.0 13.0 5.31 19.99 On-Site; north-central New Install MW-37 8/5/2021 22.22 1 14.0 19.0 19.0 3.37 18.85 On-Site; east New Install Notes: 1. "TOC" = top of casing elevation 2. "ft bls" = feet below land surface 3. "ft amsl" = feet above mean sea level (1988 NGVD) 4. Riser and screen materials are Schedule 40 polyvinyl chloride (PVC) 5. "--" = data not available Monitoring Wells FR8190 Page 1 of 1 Geosyntec Consultants &<&< &<&< &<&< &< &<&< &<&< &< &< &<&< &<&<&< &< &< &< &< &< &< &< &< &< &< &< &< &< &< &< &< &< &< &< &<&< &< &< &< &<&< &< &< &< &< &< &< &< &< &< &< &<&<&< &<&< &<&<&< &<&< &<&<&<&<&<&< &<&< &<&< &< &< &? &? &? &? &? &? &? &? &? &? &?&? &?&? &?&? &? &? &? &? &?&? &?&? Maple Street North Myrtle AvenueJones Street Hart Street DPT-9 DPT-8 DPT-7 DPT-5 DPT-3 DPT-35 DPT-34 DPT-33 DPT-32 DPT-28 DPT-30 DPT-31 DPT-21 DPT-20 DPT-25DPT-16 DPT-13 DPT-12 DPT-14 DPT-27 DPT-15 DPT-11 DPT-22 DPT-10 MW-8 MW-7 MW-22 MW-21 MW-19 MW-16 MW-18 MW-11 MW-10 MW-37 MW-36 MW-34MW-33 MW-32 MW-31 MW-30 MW-29 MW-28 MW-26 MW-25 MW-9D MW-35 MW-24D MW-22D MW-10D MW-12D MW-34D MW-32D MW-29D MW-28D MW-25D MW-12DV MW-11DV MW-15DV ML-8 ML-9ML-6ML-4 ML-2 ML-1 ML-10 HDMW-7HDMW-8 HDMW-1 HDMW-6 HDMW-5 HDMW-9 HDMW-4D MW-3 MW-2MW-1 MW-4 MW-6 MW-5 MW-27 MW-3D MW-2D MW-7D MW-17 MW-15 MW-13 MW-18D MW-23D MW-19D MW-17D MW-14D MW-7DV MW-13DV MW-20 ML-3 ML-5 ML-7 Path: (Titusville-01\DATA) T:\0GIS\FR8190_ClearwaterGS\MXDs\Sitelayout.mxd 01 December 2021. Last Edited by: CSaville Former Clearwater Manufactured Gas Plant 400 North Myrtle Avenue Clearwater, Florida Site Location Map Figure 1Tampa, FL December 2021 Legend &?Direct Push Technology (DPT) Drilling Location &<Upper Surficial Aquifer Monitoring Well Location &<Lower Surficial Aquifer Monitoring Well Location &<Deep Vertical Extent Monitoring Well Location &<Multi-Level Monitoring Well Location &<Health Department Monitoring Well Location &<Destroyed Monitoring Well Location Approximate Site Boundary 0 80 Feet ³Note: 2021 Aerial photo Source: Google Earth Pro. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0464 Agenda Date: 5/19/2022 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Police Department Agenda Number: 7.4 SUBJECT/RECOMMENDATION: Approve an Interlocal Agreement between City of Largo, City of Pinellas Park, City of St. Petersburg, City of Tarpon Springs, Pinellas County, Pinellas County Sheriff, and the City of Clearwater to establish the Pinellas Regional Information Management Enterprise (PRIME) for the purpose of implementing, operating, and maintaining a new unified Computer-Aided Dispatch and Records Management System for public safety entities in Pinellas County, and authorize the appropriate officials to execute same. (consent) SUMMARY: In 2019, the consortium of Parties listed in this agreement have been working in collaboration to establish a unified Computer-Aided Dispatch (CAD) and Records Management System (RMS) for public safety entities in Pinellas County. The consortium has worked collectively to review the capabilities available in modern products, assessed the current state of each individual Party, identified the efficiencies that can be obtained by transitioning to a unified or common platform, and learned from other jurisdictions that have made a transition to a unified or common platform. During this process, it was learned the CAD and RMS products used by many of the public safety entities in Pinellas County were nearing the end of their useful life, providing an optimal timing for a common vendor to be selected. Since 2007, Clearwater Police Department (CPD) has been using TriTech and spends approximately $189,000.00 annually for maintenance. While this product has serviced the department’s needs, it does not provide some of the advanced features a modern product will, nor does it integrate with other public safety entities in Pinellas County. In May 2021, Pinellas County Sheriff published Request for Proposal (RFP) 21-02 for a CAD and RMS system based on the specifications determined by the consortium. In October 2021, the consortium entered a memorandum of understanding to establish a protocol on how to establish a PRIME work group to evaluate the vendor responses received from Pinellas County Sheriff RFP 21-02 and to draft an Interlocal Agreement to establish PRIME as a separate and independent entity as allowed for in Florida State Statute 163.01, for the purpose of implementing, operating, and maintaining a unified CAD and RMS. The Interlocal Agreement for PRIME will establish an entity and board of directors that is responsible for governance of a unified CAD and RMS, define the manner with which costs will be equitably shared amongst the consortium, and how certain aspects of the vendor product Page 1 City of Clearwater Printed on 5/17/2022 File Number: ID#22-0464 will be managed. As a result of the Pinellas County Sheriff RFP 21-02, the consortium has recommended HEXAGON as the vendor to provide a unified CAD and RMS for public safety entities in Pinellas County. Staff is currently negotiating and drafting a contract with HEXAGON, along with a statement of work. CPD anticipates having to pay some operational costs as the new product is prepared for roll out, and these costs will overlap maintenance costs paid to our current CAD vendor. This expense is estimated to be approximately $150,000.00 annually for the first two years of PRIME. The financial expense associated with PRIME will be brought back to Council in the future. CPD anticipated these expenses and has the funding available in Capital Improvement Project PD-C2201 for the project. Page 2 City of Clearwater Printed on 5/17/2022 Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 $1,984,816.00 $1,117,181.00 $1,493,912.00 $1,493,912.00 $1,493,912.00 $1,493,912.00 $1,493,912.00 $4,415,577.00 $1,778,649.00 $1,108,453.00 $1,108,453.00 $1,108,453.00 $1,108,453.00 $1,108,453.00 ($6,400,393.00)($2,895,830.00) $0.00 $0.00 $2,602,365.00 $2,602,365.00 $2,602,365.00 $2,602,365.00 $2,602,365.00 $1,984,947.00 $2,044,496.00 $2,105,831.00 $2,169,006.00 $2,234,076.00 $2,301,098.00 $2,370,131.00 $216,522.00 $173,000.00 $173,000.00 $173,000.00 $173,000.00 $173,000.00 $173,000.00 $2,201,469.00 $2,217,496.00 $2,278,831.00 $2,342,006.00 $2,407,076.00 $2,474,098.00 $2,543,131.00 # Users % of Users % of Law Users Totals R911 2650 39.59%--$871,640.95 $877,986.61 $2,396,183.35 $2,421,196.61 $2,446,960.17 $2,473,496.60 $2,500,829.25 $13,988,293.54 Law: PCSO 2047 30.58%50.63%$673,301.52 $678,203.24 $1,258,179.79 $1,277,501.35 $1,297,402.49 $1,317,900.63 $1,339,013.81 $7,841,502.83 SPPD 948 14.16%23.45%$311,817.21 $314,087.29 $582,684.14 $591,632.28 $600,848.83 $610,341.86 $620,119.73 $3,631,531.35 CPD 438 6.54%10.83%$144,067.45 $145,116.28 $269,214.83 $273,349.09 $277,607.37 $281,993.39 $283,742.73 $1,675,091.13 LPD 237 3.54%5.86%$77,954.30 $78,521.82 $145,671.04 $147,908.07 $150,212.21 $152,585.47 $155,029.93 $907,882.84 PPPD 139 2.08%3.44%$45,720.03 $46,052.88 $85,435.76 $86,747.77 $88,099.14 $89,491.05 $90,924.73 $532,471.37 TSPD 67 1.00%1.66%$22,037.71 $22,198.15 $41,181.26 $41,813.67 $42,465.05 $43,135.98 $43,827.03 $256,658.86 GPD 36 0.54%0.89%$11,841.16 $11,927.37 $22,127.25 $22,467.05 $22,817.04 $23,177.54 $23,548.85 $137,906.25 TIPD 24 0.36%0.59%$7,894.11 $7,951.58 $14,751.50 $14,978.03 $15,211.36 $15,451.69 $15,699.23 $91,937.50 KCPD 17 0.25%0.42%$5,591.66 $5,632.37 $10,448.98 $10,609.44 $10,774.72 $10,944.95 $11,120.29 $65,122.40 BEPD 26 0.39%0.64%$8,551.95 $8,614.21 $15,980.79 $16,226.20 $16,478.98 $16,739.33 $17,007.50 $99,598.96 ISPD 16 0.24%0.40%$5,262.74 $5,301.05 $9,834.33 $9,985.35 $10,140.91 $10,301.13 $10,466.16 $61,291.67 PCS 48 0.72%1.19%$15,788.21 $15,903.15 $29,502.99 $29,956.06 $30,422.73 $30,903.39 $31,398.47 $183,875.01 Law Total Users 4043 R911 Users 2650 Law + R911 Users 6693 * Figures are based on current estimates; final estimates will be calculated and distributed within 14 days of the full execution of the vendor contract. PRIME Regional CAD/RMS Cost Estimate Breakdown R911 Software Cost Law Software Cost County Funding Software Total PRIME Personnel PRIME Operating Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0431 Agenda Date: 5/19/2022 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Marine & Aviation Agenda Number: 7.5 SUBJECT/RECOMMENDATION: Accept Florida Department of Transportation (FDOT) Grant Agreement Amendment (No. 438512-1-94-01) in the amount of $65,000 for the Clearwater Airpark Security System Upgrade Project and authorize the appropriate officials to execute same. (consent) SUMMARY: Council accepted FDOT Joint Participation Grant Agreement No. 438512-1-94-01 in the amount of $75,000 on November 19, 2020 for the Clearwater Airpark Security System Upgrade Project. This amendment will provide opportunity to run new fiber cable from the Terminal building to the hangars for the new security cameras. This amendment will increase the 80/20 Joint Participation agreement by $65,000 for a new total of $140,000 and the city’s matching funds will increase by $13,000 for a new total city match of $28,000. APPROPRIATION CODE AND AMOUNT: A mid-year budget amendment will increase project 302-G2108 - Security System Upgrade by $65,000 in grant revenues from FDOT; and transfer $13,000 of administrative services revenues from project 355-94729 - City-wide Connectivity Infrastructure to project 302-G2108 - Security System Upgrade to provide funding needed for this agreement. USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 5/17/2022 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION AMENDMENT TO THE PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-03 STRATEGIC DEVELOPMENT OGC 11/19 THIS AMENDMENT TO THE PUBLIC TRANSPORTATION GRANT AGREEMENT (“Amendment”) is made and entered into on , by and between the State of Florida, Department of Transportation (“Department”), and City of Clearwater, (“Agency”),collectively referred to as the “Parties.” RECITALS WHEREAS, the Department and the Agency on 12/28/2020 (date original Agreement entered) entered into a Public Transportation Grant Agreement (“Agreement”). WHEREAS, the Parties have agreed to modify the Agreement on the terms and conditions set forth herein. NOW THEREFORE, in consideration of the mutual covenants in this Amendment, the Agreement is amended as follows: 1. Amendment Description. The project is amended Add Additional Funds 2. Program Area. For identification purposes only, this Agreement is implemented as part of the Department program area selected below (select all programs that apply): X Aviation Seaports Transit Intermodal Rail Crossing Closure Match to Direct Federal Funding (Aviation or Transit) (Note: Section 15 and Exhibit G do not apply to federally matched funding) Other 3. Exhibits. The following Exhibits are updated, attached, and incorporated into this Agreement: X Exhibit A: Project Description and Responsibilities X Exhibit B: Schedule of Financial Assistance *Exhibit B1: Deferred Reimbursement Financial Provisions *Exhibit B2: Advance Payment Financial Provisions *Exhibit C: Terms and Conditions of Construction X Exhibit D: Agency Resolution Exhibit E: Program Specific Terms and Conditions Exhibit F: Contract Payment Requirements X *Exhibit G: Financial Assistance (Single Audit Act) *Exhibit H: Audit Requirements for Awards of Federal Financial Assistance *Additional Exhibit(s): Financial Project Number(s): (item-segment-phase-sequence) Fund(s): DPTO FLAIR Category: 088719 438512-1-94-01 Work Activity Code/Function: 215 Object Code: 751000 Federal Number/Federal Award Identification Number (FAIN) – Transit only: Org. Code: 55072020728 Vendor Number: VF596000800011 Contract Number: G1O93 Federal Award Date: Amendment No.: 1 CFDA Number: N/A SAM/UEI Number: CFDA Title: N/A CSFA Number: 55.004 CSFA Title: Aviation Grant Program Page 1 of 7 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION AMENDMENT TO THE PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-03 STRATEGIC DEVELOPMENT OGC 11/19 4. Project Cost. The estimated total cost of the Project is X increased/ decreased by $65,000 bringing the revised total cost of the project to $140,000. The Department’s participation is X increased/ decreased by $52,000. The Department agrees to participate in the Project cost up to the maximum amount of $112,000, and, additionally the Department’s participation in the Project shall not exceed 80.00% of the total eligible cost of the Project. Except as modified, amended, or changed by this Amendment, all of the terms and conditions of the Agreement and any amendments thereto shall remain in full force and effect. IN WITNESS WHEREOF, the Parties have executed this Amendment on the day and year written above. AGENCY City of Clearwater STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION By: By: Name: Name: Richard Moss, P.E. Title: Title: Director of Transportation Development STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION Legal Review: Page 2 of 7 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 03/22 EXHIBIT A Project Description and Responsibilities A. Project Description (description of Agency’s project to provide context, description of project components funded via this Agreement (if not the entire project)): Security System Upgrade - Replace security system for monitoring entire airport. Updating security with new technology consisting of video monitoring equipment in various locations. This provides security for hangars as well as perimeter and entrances to air side and land side areas. This equipment will consist of cameras, monitoring equipment, cable, junction boxes, and the like. Repair and replace perimeter fencing as needed. Replace chain link fencing with chain link or similar fencing. B. Project Location (limits, city, county, map): Clearwater Air Park/Clearwater, FL/Pinellas C. Project Scope (allowable costs: describe project components, improvement type/service type, approximate timeline, project schedule, project size): As required by 215.971, F.S., this scope of work includes but is not limited to consultant and design fees, permitting, construction inspection costs, mobilization and demobilization, maintenance of traffic, demolition, installation of access control equipment, supporting wiring, and dedicated primary and back-up power supplies, including all materials, equipment, labor, and incidentals required to complete the project. The Sponsor will comply with Aviation Program Assurances. D. Deliverable(s): Upgraded Security System The project scope identifies the ultimate project deliverables. Deliverables for requisition, payment and invoice purposes will be the incremental progress made toward completion of project scope elements. Supporting documentation will be quantifiable, measurable, and verifiable, to allow for a determination of the amount of incremental progress that has been made, and provide evidence that the payment requested is commensurate with the accomplished incremental progress and costs incurred by the Agency. E. Unallowable Costs (including but not limited to): F. Transit Operating Grant Requirements (Transit Only): Transit Operating Grants billed as an operational subsidy will require an expenditure detail report from the Agency that matches the invoice period. The expenditure detail, along with the progress report, will be the required deliverables for Transit Operating Grants. Operating grants may be issued for a term not to exceed three years from execution. The original grant agreement will include funding for year one. Funding for years two and three will be added by amendment as long as the grantee has submitted all invoices on schedule and the project deliverables for the year have been met. Page 3 of 7 Page 4 of 7 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 03/22 EXHIBIT B Schedule of Financial Assistance FUNDS AWARDED TO THE AGENCY AND REQUIRED MATCHING FUNDS PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: A. Fund Type and Fiscal Year: Financial Management Number Fund Type FLAIR Category State Fiscal Year Object Code CSFA/ CFDA Number CSFA/CFDA Title or Funding Source Description Funding Amount 438512-1-94-01 438512-1-94-01 438512-1-94-01 438512-1-94-01 DPTO DPTO LF LF 088719 088719 088719 088719 2021 2022 2022 2021 751000 751000 751000 751000 55.004 55.004 55.004 55.004 Aviation Grant Program Aviation Grant Program Aviation Grant Program Aviation Grant Program $60,000.00 $52,000.00 $13,000.00 $15,000.00 Total Financial Assistance $140,000.00 B. Estimate of Project Costs by Grant Phase: Phases* State Local Federal Totals State % Local % Federal % Land Acquisition $0.00 $0.00 $0.00 $0.00 0.00 0.00 0.00 Planning $0.00 $0.00 $0.00 $0.00 0.00 0.00 0.00 Environmental/Design/Construction $112,000.00 $28,000.00 $0.00 $140,000.00 80.00 20.00 0.00 Capital Equipment/ Preventative Maintenance $0.00 $0.00 $0.00 $0.00 0.00 0.00 0.00 Match to Direct Federal Funding $0.00 $0.00 $0.00 $0.00 0.00 0.00 0.00 Mobility Management (Transit Only) $0.00 $0.00 $0.00 $0.00 0.00 0.00 0.00 Totals $112,000.00 $28,000.00 $0.00 $140,000.00 *Shifting items between these grant phases requires execution of an Amendment to the Public Transportation Grant Agreement. BUDGET/COST ANALYSIS CERTIFICATION AS REQUIRED BY SECTION 216.3475, FLORIDA STATUTES: I certify that the cost for each line item budget category (grant phase) has been evaluated and determined to be allowable, reasonable, and necessary as required by Section 216.3475, Florida Statutes. Documentation is on file evidencing the methodology used and the conclusions reached. Raymond Clark Department Grant Manager Name Signature Date Page 5 of 7 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 03/22 EXHIBIT D AGENCY RESOLUTION PLEASE SEE ATTACHED Page 6 of 7 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 03/22 EXHIBIT G AUDIT REQUIREMENTS FOR AWARDS OF STATE FINANCIAL ASSISTANCE THE STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: SUBJECT TO SECTION 215.97, FLORIDA STATUTES:~ Awarding Agency: Florida Department of Transportation State Project Title: Aviation Grant Program CSFA Number: 55.004 *Award Amount: $112,000 *The award amount may change with amendments Specific project information for CSFA Number 55.004 is provided at: https://apps.fldfs.com/fsaa/searchCatalog.aspx COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT: State Project Compliance Requirements for CSFA Number 55.004 are provided at: https://apps.fldfs.com/fsaa/searchCompliance.aspx The State Projects Compliance Supplement is provided at: https://apps.fldfs.com/fsaa/compliance.aspx Page 7 of 7 FLORIDA DEPARTMENT OF TRANSPORTATION FUNDS APPROVAL G1O93 4/25/2022 CONTRACT INFORMATION FUNDS APPROVAL INFORMATION FUNDS APPROVED/REVIEWED FOR ROBIN M. NAITOVE, CPA, COMPTROLLER ON 4/25/2022 Action:Supplemental Reviewed or Approved:APPROVED Organization Code:55072020728 Expansion Option:A6 Object Code:751000 Amount:$52,000.00 Financial Project:43851219401 Work Activity (FCT):215 CFDA: Fiscal Year:2022 Budget Entity:55100100 Category/Category Year:088719/22 Amendment ID:S001 Sequence:00 User Assigned ID:01 Enc Line (6s)/Status:0002/04 Total Amount:$52,000.00 Contract:G1O93 Contract Type:GD - GRANT DISBURSEMENT (GRANT) Vendor Name:CITY OF CLEARWATER Vendor ID:F596000289005 Beginning Date of This Agreement:12/28/2020 Ending Date of This Agreement:06/30/2024 Contract Total/Budgetary Ceiling:ct = $112,000.00 Method of Procurement:G - GOVERMENTAL AGENCY (287.057,F.S.) Description:CLEARWATER AIRPARK - SECURITY SYSTEM UPGRADE Page1 of 1 To: Michael.Brown@dot.state.fl.us Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0451 Agenda Date: 5/19/2022 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Marine & Aviation Agenda Number: 7.6 SUBJECT/RECOMMENDATION: Approve a proposal from J. Kokolakis Contracting, Inc. of Tarpon Springs, FL for construction of Clearwater Harbor Marina Wave Attenuator (22-0008-MA), at the Guaranteed Maximum Price (GMP) of $2,289,695.00 pursuant to RFQ 40-20, CMAR Continuing Contracts; approve Supplemental Work Order 2 to Erickson Consulting Engineers, Inc. of Sarasota, FL for Construction Engineering and Inspection Services (CEI) in an amount of $39,270.00 for a new total of $254,870.00 pursuant to RFQ 26-19, EOR Continuing Contracts, and authorize the appropriate officials to execute same. (consent) SUMMARY: On July 29, 2020, city management approved a city project (20-0032-EN) for Engineer of Record (EOR) Erickson Consulting Engineers to develop a master plan for the maintenance and repair schedule of the Harbor Marina’s major components in the amount of $93,500.00. On June 3, 2021, Erickson Consulting Engineers released an assessment survey of the wave attenuators and piling guides indicating that three wave attenuators on the South Basin were failing. On October 17, 2021, Erickson Consulting Engineers prepared a failure assessment report on the wave attenuators and recommendations which included the immediate replacement of the three failed wave attenuators on the South Basin, citing the potential for significant loss in the event of a complete failure. On November 18, 2021, City Council approved Erickson Consulting Engineers Supplemental Work Order 1 in the amount of $122,100.00 for the Engineering Design (100%), Permitting and other Engineer of Record Services for an updated work order total of $215,600.00. The proposed design addresses the identified failures using the most recent wind and wave data and modernized wave attenuator design standards. Scope includes removal of three dock sections, associated piles and old attenuators and construction of seven 30-inch piles, three new wave attenuators and docks. Construction Manager at Risk (CMAR), J. Kokolakis Contracting was selected to coordinate with Erickson Consulting Engineers and the Marine & Aviation Department as the most efficient mechanism to have this wave attenuator system designed, fabricated, and installed as quickly as possible, understanding the potential risks associated with a failure. Fabrication will take approximately 4.5 months and construction just under three months with expected completion in mid-December. APPROPRIATION CODE AND AMOUNT: Funds of $39,270.00 are available in capital improvement project C1906, Clearwater Harbor Marina Replacement & Upgrade, to fund the supplemental work order from Erickson Consulting Engineers for Engineering Consulting and Inspection Services (CEI). A mid-year budget amendment will provide a transfer of $2,289,695 from General Fund Page 1 City of Clearwater Printed on 5/17/2022 File Number: ID#22-0451 Reserves transferred to capital improvement project C1906, Clearwater Harbor Marina Replacement & Upgrade, to fund the purchase order from J. Kokolakis Contracting. USE OF RESERVE FUNDS: Funding for this contract will be provided by a mid-year budget amendment allocating General Fund reserves in the amount of $2,289,695 to capital improvement project C1906, Clearwater Harbor Marina Replacement & Upgrade. Inclusive of this item if approved, a net total of $15,956,675 of General Fund reserves has been appropriated by Council to fund expenditures in fiscal year 2021/22. The remaining balance in General Fund reserves after the required minimum 8.5% reserve is approximately $37.8 million, or 22.9% of the current General Fund operating budget. Page 2 City of Clearwater Printed on 5/17/2022 Clearwater Harbor Marina Wave Attenuators Page 1 Emergency Assessment & Recommendations CLEARWATER HARBOR MARINA WAVE ATTENUATORS FAILURE ASSESSMENT & RECOMMENDATIONS Prepared by Erickson Consulting Engineers October 2021 1 ASSESSMENT OF EXISTING CONDITIONS Throughout the marina, there are signs of wear and tear including cracked concrete and rusting bolts attaching pile guides and at finger dock connections. The chipped concrete occurs both above and below the waterline, and there is significant biofouling along all infrastructure below the waterline obscuring the conditions of the concrete attenuators. Attachment B provides the photos of damage. During routine cleaning in March 2021, two pile guides were identified as failing at the south end of Dock A, South Basin, A-WA-2. The external pile guides on attenuators have been replaced several times since the installation of the marina system indicating a weak point in the previous design. The failure of the pile guides and damage to the base of the attenuators requires emergency replacement of (at minimum) A-WA-1, A-WA-2, and A- WA-3. By April 2021, this pile guide had failed completely, been removed, and was replaced with a chain connecting the attenuator to the pile. This places the attenuator in an extremely vulnerable position if a storm occurs. The southernmost wave attenuators (A-WA-1 to A-WA-3) are in a state of progressive failure. Dock A-WA-1 is listing indicating that its buoyancy is compromised, and the pile guides at A-WA-2 show evidence of failure. If a large wave event occurs, the attenuator would likely become un-moored and damage assets and infrastructure within the marina. From an underwater inspection of A-WA-1 to A-AWA-14 and E-WA-1 to E-WA-16, spawling was found along the bottom indicating minor damage to the attenuators. While not at risk of immediate failure, these attenuators will require replacement within the next 2-5 years. 2 Summary of Damage and Emergency Actions Wave attenuator A-WA-1 is presently failing in two modes: the pile guide which has failed where the attenuator is now attached with a chain to a pile; and the attenuator’s Clearwater Harbor Marina Wave Attenuators Page 2 Emergency Assessment & Recommendations buoyancy has been compromised by water intake resulting in a significant list. As a result, the buoyancy and pile connections have been compromised, and thus the attenuator cannot be salvaged. Attenuators A-WA-2 and A-WA-3 have severely damaged pile guides and spawling. These two attenuators do not appear to have compromised buoyancy. Replacement of pile guides and addition of piles has been assessed as an option. Experts do not recommend retrofitting old systems with new pile guides because, while it may provide a short term solution, the additional bolts and the drilling into the attenuator to allow for additional piles compromises the buoyancy of the attenuator. Further, additional bolts or replacement pile guides have not been shown to provide an efficient solution for refurbishment or rehabilitation of a marina, additional piles to secure the dock system are not viable solutions for the short or mid/interim term. Additional piles and replacement pile guides are expensive and would be a short term “sacrificial” solution to buy time and are not a permanent solution. We recommend that the process to replace attenuators A-WA-1 to A-WA-3 be initiated immediately. Further, the fastening at A-WA-14 should be repaired as soon as possible to prevent additional failures and monitored daily. The pile guide at A-WA-1 should be replaced as soon as possible to prevent additional failures and damage should it break loose from the remaining pile supports. The replacement of A-WA-12 to A-AWA-14 and E-WA-1 to E-WA-3 is to be evaluated in parallel to the replacement of A-WA-1 to A-WA-4 to evaluate potential cost savings for a single construction event. Replacement of A-WA-1 to A-WA-3 is may be completed without removing the adjacent attenuator as only one connection to the existing system (at A-WA-4) is required. If other attenuators, including those with finger piers attached, require immediate replacement, the fastenings between the two systems become more complex. ECE is completing the marina reconnaissance, document and measure all damage above the waterline. Underwater inspections of A-WA-5 to A-WA-11 and A-WA-15 as well as E- WA-4-15 are identified as necessary to assess potential defects so that the outer attenuators may be assessed in full. Evaluation of risks and remediation options to finger pier connections will be further evaluated, the need for detailed inspections of the connection between the piers and the attenuators will be assessed and as appropriate will be recommended. Clearwater Harbor Marina Wave Attenuators Page 3 Emergency Assessment & Recommendations 2.1.1 Storm Induced Failure An assessment of the probable mode(s) of failure of the north dock-wave attenuator system was conducted following damage during Hurricane Irma to recommend changes and improvements to the dock-wave attenuator and the pile design, orientation and overall configuration of the key structural elements of the system. The horizontal drag force due to waves hitting the sides of the wave attenuator and the vertical lift force due to the waves lifting the wave attenuator are the two major forces that the anchor pile(s) system needs to withstand to stabilize and moor the wave attenuator. In all design conditions, the piles and attenuator structures are customarily designed to withstand significantly higher wave conditions, with the knowledge that the stronger and longer period waves will transport energy through the attenuator system breaking over the attenuator before entering the basin. The operating “design” wave conditions given by the manufacturer customarily present full wave attenuation to 0.5 ft or less for the type “beam” seas that the Marina’s slips are exposed, therefore, waves with higher energy that exceed the basis of design, will penetrate the basin’s attenuator and enter as an attenuated wave within the basin. More specifically, above the established significant wave height, waves overtop the breakwater/attenuator and there is a loss of performance (i.e. attenuation). Wave periods exceeding the established wave periods will allow significant wave energy to pass underneath the attenuator, reducing its effectiveness. It is our professional opinion that the primary factors that led to the failure of the mooring system was the pile design collar locations outside mounting and location (on the single side for attenuators versus for finger docks within a protected area) and persistent high- frequency south to southwest wind generated waves. Design documents and the design basis by WES and TTI state that a minimum embedment depth of approximately 30 ft is required. The embedment depths for the 4 piles carrying the vertical and horizontal loads from the attenuators were significantly reduced in the construction phase of the Project in 2008. Based on these logs, there was less than 12 to 15 ft embedment based on the pile driving log records, which may also prove to be a factor at this site. It is recommended that the design basis for the replacement project assume a minimum scour depth of 3 ft in the design development of the anchor piles. The recommended wave attenuator “basis of design” is based on the need for the attenuators to withstand and perform during high frequency storms impacting this site, and also the potential of a moderate hurricane of CAT 1-2 affecting this site, an event of increasing likelihood. The criteria recommended are as follows: Clearwater Harbor Marina Wave Attenuators Page 4 Emergency Assessment & Recommendations 1. Damage is minimal as a result of a CAT 1 to 2 Hurricane Storm (5.5+ ft significant wave heights and 4.7+ seconds wave periods) and a maximum sustained wind duration of 12-18 hours; 2. Design Wave Attenuation to 0.5 ft within the interior basin from impacts of a 4.2 ft significant wave heights and 4 second wave periods and 3. Piles reaching sufficient embedment in the bay bottom to stabilize the attenuators during periods of high wave loads, constructed of 24 inch round steel anchor piles, and require internal pile placement jackets. Above the design wave conditions described above, where wave heights exceed 4.2 ft, wave overtopping will occur with a loss of performance in wave attenuation within the basin and wave periods exceeding 4 seconds which will allow significant wave energy to pass underneath the attenuator, reducing its effectiveness. However, the wave attenuating system must be designed to survive intact during wave heights of 5 ft and characterized by 4 second periods. The anchor piles will be the weak-point and therefore, must be designed for extreme loads resulting from these conditions. Table 3-1 provides wave attenuation levels based on significant wave height(s) for one of the available systems. 3 Evaluation of Marina Attenuator Suppliers Three (3) wave attenuator systems were reviewed to identify potential replacement systems for Clearwater Harbor Marina’s wave attenuators and docks. In reviewing the current systems available, similar marinas with high wind wave exposure and tested attenuator systems with documented high wave and storm exposure were assessed with systems by SF Marine, MarineTek and Marina Technologies. Compared to the existing marina infrastructure, significant improvements to the design of these types of floating dock systems has been made in recent years, increasing their resiliency to episodic seasonal storms and reducing annual maintenance/operations (utility upgrades, piles, etc). Costs of future maintenance and storm related damage from similar low to moderate frequency (15 to 30 Yr return period) storms would be reduced with improved design/material changes to the existing floating wave attenuator/dock system. Design considerations will include not only survivability during a 50yr event but also durability and performance during more frequent wave events (e.g. weekly, annual and 10yr) per American Society of Civil Engineer guidelines. Key points of failure of the existing marina system including piles, pile connections, fenders and connections Clearwater Harbor Marina Wave Attenuators Page 5 Emergency Assessment & Recommendations between attenuators and docks will be considered during the evaluation of replacement components. Because the Marina upgrade will be phased, the proposed system must have means to connect to the existing system. Alternative 1 – MarineTek The general specifications and design features of this attenuator are given in Figure 3-1 and Figure 3-2. MarineTek attenuators were used in the post-Irma replacements in the north portion of the marina. While the system is proven, MarineTek has filed for bankruptcy and is not recommended given their solvency. Figure 3-1. MarineTek Type 4300BRK Floating Breakwater Isometric View Figure 3-2. MarineTek Floating Breakwater (Clearwater Harbor Marina, Clearwater FL) Clearwater Harbor Marina Wave Attenuators Page 6 Emergency Assessment & Recommendations Alternative 2 – Marina Technologies The general specifications and design are shown and listed in Figure 3-4 and Figure 3-5 below and include:  Concrete floating breakwaters (13 ft wide, 6’1.5” ft deep)  Four (4) 24” to 28” steel anchor piles  Design life of 30+ years  Maintenance requirements depend on connector selection – cable connectors need more maintenance if moored with chain or seaflex anchors. Pile guides or cable anchors require less maintenance.  Concrete structure can be coated with a penetrating sealer every few years to reduce biofouling.  Typically uses composite rub rail rather than fender systems. Lead Time: 3-5 months Advantages: (1) One-piece design incorporates deck, dock structure, floatation, and keels (breakwater series) which simplifies this system, eliminates sub-system hardware, and provides continuous floatation for maximum buoyancy and stability (2) Keel design of floating breakwater provides superior wave attenuating performance and low center of gravity. (3) Semi-Flexible rubber-bolt dock connection allows dock system to move as required in heavy wave conditions and provides a simple, strong and low- maintenance connection (4) Connection system will not cause structural failure of the float module when over- stressed. The connecting bolt is designed as the “weak-link” (5) Top-access utility channels allow complete access to utilities, simplifying installation and maintenance (6) No walers and thru-rods with nuts and washers - improves system strength and eliminates system maintenance. (7) Marina Technologies is headquartered and manufactures its systems in the Tampa area thus contributing to the local economy and being readily available for maintenance and monitoring. Table 3-1: Incoming vs Attenuated Wave with Marina Technologies Systems MODEL 12' WIDE ATTENUATOR 13' WIDE BREAKWATER 16' WIDE BREAKWATER Incoming Wave ATTEN % RESULTANT WAVE HT ATTEN % RESULTANT WAVE HT ATTEN % RESULTANT WAVE HT 2 FT WAVE 78% 0.4' 88% 0.2' 89% 0.2' 3 FT WAVE 71% 0.9' 82% 0.5' 87% 0.4' 4 FT WAVE 67% 1.3' 77% 0.9' 84% 0.6' 5 FT WAVE 60% 2.0' 70% 1.5' 81% 1.0' 6 FT WAVE 50% 3.0' 65% 2.1' 75% 1.5' Clearwater Harbor Marina Wave Attenuators Page 7 Emergency Assessment & Recommendations Figure 3-3. Marina Technologies Breakwater (Harborage Marina, St. Petersburg FL) Figure 3-4. Marina Technologies Breakwater Isometric View Alternative 3 – SF Marina The general specifications and design are shown and listed in Figure 3-4 and Figure 3-5 below and include:  SF Type 400-15m floating breakwaters (13.12 ft wide, 6 ft deep)  Four (4) 24” to 28” steel anchor piles Clearwater Harbor Marina Wave Attenuators Page 8 Emergency Assessment & Recommendations  Can anchor with chain and bottom anchors, helical anchors with elastic rode mooring systems or piles with internal pile guides with HD energy absorbing cushion blocks (assumes 24” steel pile)  Design life of 30+ years  Maintenance requirements depend on connector selection – cable connectors need more maintenance if moored with chain or seaflex anchors. Pile guides or cable anchors require less maintenance.  Pile guides have wear / cushion blocks, and in the past 14 years, only one pile guide on the SF Marina systems in the US has been replaced.  Concrete structure can be coated with a penetrating sealer every few years to reduce biofouling.  Typically uses a timber or composite rub rail rather than fender systems. Flexible rubber ‘D-fenders’ are recommended in some high energy environments, and some include composite fenders with HDPE plastic fender covers.  3 ton aluminum cleats Lead Time: 5-7 months (early to mid-2022) Advantages: (1) Proven attenuator system for high wave conditions. (2) One-piece design incorporates deck, dock structure, floatation, and keels (breakwater series) which simplifies this system, eliminates sub-system hardware, and provides continuous floatation for maximum buoyancy and stability. (3) Semi-Flexible dock connection allows dock system to move as required in heavy wave conditions and provides a simple, strong and low- maintenance connection. (4) Top-access utility channels allow complete access to utilities, simplifying installation and maintenance. (5) No walers and thru-rods with nuts and washers - improves system strength and eliminates system maintenance. Disadvantages: (1) As of the issuance of this report, the fabrication lead time for the SF system extends into 2022. (2) While there are SF Marina systems in Florida, they are based in Norfolk, Virginia with their headquarters in Europe. Clearwater Harbor Marina Wave Attenuators Page 9 Emergency Assessment & Recommendations Figure 3-4. SF Floating Breakwater Isometric View Figure 3-5. SF Type 400 Floating Breakwater Brewer Marina, Plymouth, MA, 2013 Clearwater Harbor Marina Wave Attenuators Page 10 Emergency Assessment & Recommendations 3.1 Recommendations and Opinion of Probable Construction Costs It is our opinion that the selected wave attenuator system be designed to function during a continuous storm conditions over a duration of a minimum of 12-24 hours for the design conditions established. The wave attenuating system must be designed to survive wave heights of 5-6 ft and characterized by long periods (5-6 seconds). The anchor piles are the potential weak point in the design of these attenuator systems, accordingly the final pile sizing, embedment depths and construction methods for placement will be developed and confirmed during final design in consultation with the structural engineers and geotechnical engineers. Large diameter (24 inch or similar) circular steel piles are optimal for the bay bottom soil and rock conditions that were documented in the geotechnical engineering investigations conducted by WES (2006). As the SF Marine system has a significantly longer lead time (9-12 months compared to 3 months), the engineers estimate of probable construction cost and schedule was based upon the Marina Technologies system which is manufactured locally in St Petersburg. An estimate of the probable construction cost for the Marina Technologies wave attenuator system based on the recommendations described above in Section 4 of this report, are given in Table 5 below. Attenuator prices are based upon June 2021 numbers. Prices of materials have increased between 5-10%. As discussed in greater detail, their wave attenuator system is designed to meet the recommended performance and operational design requirements and the costs given below are based on a recent similar Project contracted in the greater Clearwater-Tampa Bay area. This system can be installed as early as first quarter of 2022 as discussed in the next section. Table 3-2: Engineer’s Opinion of Probable Costs Item No. Description of Item Unit Est. Unit Cost Est. Quan. Estimate 1 General Requirements 1.1 Supervision, management, pre- construction, mobilization, meetings, insurance LS $150,000 1 $ 150,000 2 Demolition and disposal off site of three attenuators and six piles LS $ 86,500 1 $ 86,500 Clearwater Harbor Marina Wave Attenuators Page 11 Emergency Assessment & Recommendations Table 3-3: Engineer’s Opinion of Probable Costs (ctd.) Item No. Description of Item Unit Est. Unit Cost Est. Quan. Estimate 3 Replacement Attenuators 3.1 Supply and Delivery of Attenuators to Boat Ramp Ea $162,500 3 $ 487,500 3.2 Transfer Attenuators and Tow to Site LS $ 53,000 1 $ 53,000 3.2 Supply and Delivery of Piles Ea $ 23,100 6 $ 138,600 3.3 Installation of Piles and Attenuators LS $191,000 1 $ 191,000 3.4 Gangway Supply, Delivery and Installation LS $ 22,500 1 $ 22,500 3.5 Supply, delivery and install of Cleats Ea $ 520 12 $ 6,240 3.6 Supply, delivery and install of Pile Caps Ea $ 510 6 $ 3,060 3.7 Supply, delivery and install of Fender Pile Ea $ 5,600 1 $ 5,600 4 Utilities Allowance 4.1 Plumbing - Water Supply LS $ 7,500 1 $ 7,500 4.2 Fire Suppression LS $ 15,500 1 $ 15,500 4.3 Electrical LS $ 18,750 1 $ 18,750 4.4 Pedestals Ea $ 4,000 2 $ 8,000 Bid-Option 5 Supply, delivery and install of HDPE Sleeves Ea $ 12,537 6 $ 75,222 SUB-TOTAL $ 1,193,750 10% Contingency $ 119,375 TOTAL $ 1,313,125 NOTES: (1) Attenuator (Item 3.1) prices are based upon June 2021 price estimate from Marina Technologies. Prices are fluctuating due to supply chain impacts. (2) All permits will be acquired by Engineer. (3) Owner / Engineer will provide survey lay out and as-builts to meet survey requirements and related work. (4) Cleats and other items to be mechanically pre-set to be fastened to attenuator by manufacturer. No drilling into the attenuators shall occur on site. Clearwater Harbor Marina Wave Attenuators Page 12 Emergency Assessment & Recommendations 4 CONSTRUCTION AND CONTRACTING RECOMMENDATIONS There are three primary types of Project Delivery Methods for heavy marine construction works: Design-Bid-Build (DBB), Design-Build (DB) and Construction Manager at Risk (CM @ Risk). The appropriateness of a project delivery method depends upon a number of factors including the nature of the project, availability of resources, costs and schedule on a case-by-case basis with the ultimate goals of achieving the highest quality project for the lowest cost and within the shortest duration. For each project there is a balancing of these goals. The City will decide and weigh these factors, as a result of budgetary and time constraints and the design/performance requirements for the delivered Project, and as a result may be willing to wait a longer period of time to achieve that budget or as in the case of the failed wave attenuator, the City may decide that the risks and dis-benefits outweigh the potential benefit of waiting to achieve a lower project cost. Balancing these factors, and the City will determine the best project delivery method. Specific to the Clearwater Harbor Marina Wave Attenuator Replacement Project, the project delivery goals are identified as: 1. Shortest schedule consistent with quality and performance requirements. 2. Lowest cost consistent with 1 above. 3. Retain Owner control over design decisions. 4. Retain Owner control over the construction quality. 5. Limit the risk of change orders for additional costs. 6. Promotes innovation and value engineering. 7. Limit potential conflicts of interest. 8. Limit the number of contractual entities/points of responsibility. The project schedule for the three project delivery types are estimated in Table 4-1. When assessed against the primary goal to achieve the shortest schedule consistent with quality and performance requirements; the impracticality of bidding through the traditional procurement process in consideration of time constraints and cost is evident. As such, alternatives which require bidding are eliminated as they will not allow the project to be completed this year. With the direct source alternatives, the CM at Risk method is projected to allow completion of the work approximately 90 days sooner than the design- bid alternative due to the final design and basis of design commencing and in progress simultaneously with contracting. Clearwater Harbor Marina Wave Attenuators Page 13 Emergency Assessment & Recommendations Importantly, the COVID-19 Pandemic has resulted in global supply chain delays and fluctuations in pricing of materials. Two key components of the system – steel reinforcing for the attenuator construction and steel piles – are subject to delays of up to 3-5 months and should be ordered in advance. In a CM at Risk delivery method, the appointed contractor would place a purchase order immediately for the required materials to begin the procurement process. The Engineering team can work with the contractor proactively to identify potential changes to materials (e.g. pile diameter and thickness) that would meet the design requirements but may be more readily available due to production runs at manufacturing plants. HDPE is also difficult to obtain and subject to high markups at the moment so pile sleeves should be ordered in advance. Table 4-1. Anticipated Project Schedules for Various Project Delivery Methods Project Delivery Method Final Engineering (30+ Days) Contracting (Variable) Material Lead Times1 (3 Months) Installation (1 Month) Design-Bid-Build Oct-Nov 2021 Nov-21 to Jan-22 March-June 22 July-Aug 2022 CM @ Risk2 Oct-Nov 2021 Oct-Nov 2021 Jan-Mar 2022 Jan-Mar 2022 1. Based on Marina Technologies Product produced in St Petersburg. 2. Project is contracted by direct source to a qualified firm. A direct source CM at Risk contract is recommended to most expediently replace the failed north attenuator this year to effectively achieve the project goals in the shortest duration without sacrificing quality and performance requirements. In direct sourcing a CM at Risk contract, a key factor in project success is contractor qualification and selection. The following qualifications were developed for the CM at Risk firm. 1. Local (within 60-90 miles of Clearwater) 2. Prior experience with Floating Breakwater Installations 3. Satisfactory performance on a minimum of five (5) similar projects with at least two (2) of those projects having been completed in the last two (2) years. 4. At least one similar project having a total construction value exceeding $5.0M 5. Commitment to start installation as soon as materials are available and complete within 60 days. WORK ORDER INITIATION FORM 1 of 8 Revised: 4/27/2022 Erickson Consulting Engineers, Inc. WORK ORDER INITIATION FORM Supplemental Worker Order 2 Date: April 27, 2022 Consultant Project Number: 20-381 City Project Number: 20-0032-EN City Plan Set Number: 2020022 1. PROJECT TITLE: Clearwater Harbor Final Engineering, Permitting and Engineer of Record Services 2. SCOPE OF SERVICES: The scope of services presented below modifies Task 9 and its associated sub-tasks previously presented in the Supplemental Work Order 1 dated 10/13/21. The revised scope clarifies assumptions and deliverables for each task as well as differences in Engineer of Record responsibilities (Task 9 below) and site representation (Task 10). A comparison of the 10/13/2022 Supplemental Work Order and the enclosed Increase to Supplemental Work Order is presented on page 8. The change in cost is to provide for additional expertise and oversight given the change in scope from the original proposal in October 2021, namely the additional complexities due to the need to remove piles to below the mudline, drive piles in close proximity to existing piles, and to re-tension the existing system. The duration of construction on site has increased from 4 weeks on site to 6-8 weeks which is reflected in the costs presented. The budget includes two weeks of accommodation in Clearwater near the Marina for an ECE site representative during the intensive construction period as well as mileage reimbursement for trips to site for the remainder of the construction. Please see below for task descriptions. Task 9: Engineer of Record Services in the Construction Phase The Engineer of Record (EOR) is the design engineering professional who is a licensed professional engineer that is duly authorized to sign and seal the Project’s construction drawings, technical specifications and pay certificates. This line item is associated with general Engineer of Record services (including travel time and mileage expenses) to supplement the specific tasks below. Both coastal and structural engineers of record are required for this project. This line item has been reduced by $7,700 from the 10/13/21 scope to shift budget into Task 10 for Site Representative Services. WORK ORDER INITIATION FORM 2 of 8 Revised: 4/27/2022 Task 9A: Review Pre-Construction Submittals and Drawings ECE shall provide review and approval of shop drawings and Construction Contract’s required Contractor submittals. The Plans described below are updated periodically during the execution of the Work. ECE will review, comment and approve/reject all shop drawings and ensure the required noticing is completed during the construction phase including submittals required under the Contract Documents. These documents include (but are not limited to): • Notice to Mariners • Contractor Work Plan • Hurricane and Severe Storm Plan • Oil Spill Contingency Plan • Dive Plan. The scope herein provides for initial review/comments and one follow‐up review for each of the documents listed above. Additional reviews for deficiencies by the Contractor are considered additional services. We recommend the Owner-Contractor Agreement consider this potential and include the risk in the price assigned as liquidated damages. This line item has been increased by $800 from the 10/13/21 scope to accommodate additional complexities to the work plan review. Task 9B: Respond to Contractor Questions and RFIs The Engineer of Record (ECE) is responsible for understanding all aspects of the Contract requirements and will be requested to provide interpretations of the contract documents including the technical and general requirements and approving any changes to the Work Plan during the execution of the work. In addition, the Engineer must assess construction deviations and provide allowances to ensure the quality of the Project and design intent is met and that the work is in compliance with the permits. The Engineer is required to issue an “Engineers Directive” in response to contractor requests for information and/or in response to a regulatory agency action. This line item has not been increased from the 10/13/21 scope. Task 9C: Contractor/City Change Orders & Time Extensions Various change orders could result varying from no fault time extensions due to weather delays, City directed changes due to encountered site conditions, Contractor requested change orders due to an inability to construct within the specified tolerances, or impacts from an unexpected buried obstruction and so forth. The Engineer will be responsible for analyzing, processing and approving (or rejecting) change order requests (cost and schedule impacts) from the Contractor. WORK ORDER INITIATION FORM 3 of 8 Revised: 4/27/2022 Owner directed changes, and time extensions due to weather delays, and their associated cost and schedule impacts will also be assessed by the Engineer. ECE will be responsible for preparing the change order document for signature by the Contractor and the Engineer in accordance with the City – Contractor Agreement. This line item has been increased by $1,200 from the 10/13/21 scope to allow for increased complexity and the anticipated change order for provision of utilities installation. Task 9D: Observe / Approve Critical Work Components Construction observations will be provided by the Project Engineer periodically during construction, estimated at ten days of inspections to observe critical elements. These ten days (est. 4hrs including travel time and on site with additional time for reporting and documentation) are to observe pile removal (2 days), attenuator removal and re-tensioning (3 days), delivery and installation of attenuators (3 days), delivery and installation of piles (2 days). This line item has been increased by $2,100 from the 10/13/21 scope to allow for increased number of site visits to include attenuator tensioning and pile removal. Task 9E: Progress Meetings with the City’s Site Representative and Contractor (6) It is customary to conduct weekly project meetings during project construction to avoid conflicts and claims and to expedite agency required permit changes and modifications, etc. The CM at Risk is expected to coordinate and lead these progress meetings with the Contractor and Owner during construction. It is assumed that these meetings will be conducted weekly over the construction period in addition to the project completion meetings. Detailed meeting minutes and graphics detailing work completion, progress and acceptance surveys, construction timeline updates, etc. will be prepared by the CM at Risk and reviewed by ECE prior to circulation to the project participants. These meetings will be attended by both the ECE Site Representative and ECE’s licensed professional coastal engineers as well as the Contractor and City Representative(s). Six meetings are anticipated. This line item has not been increased from the 10/13/21 scope. Task 9F: Conduct Substantial Completion Inspection & Generate Punchlist(s) Following notification by the construction contractor that construction activities are complete and all payment sections have been approved, ECE will conduct a completion inspection and will generate a Punchlist of items to be completed by the Contractor prior to final completion. This list will be furnished to the Owner and Contractor to ensure control of final clean up. In addition, the as‐built surveys for the project will be reviewed in detail for completeness, accuracy and conformance with the contract documents and permits. The surveys will be reviewed for the achievement of construction tolerances. This line item has not been increased from the 10/13/21 scope. WORK ORDER INITIATION FORM 4 of 8 Revised: 4/27/2022 Task 9G: Structural Inspections during Construction Construction observations will be provided by the Structural Engineer periodically during construction, estimated at nine days of inspections to observe critical elements. These inspections are to observe pile removal (2 days), attenuator re-tensioning (5 days), delivery and installation of piles (2 days). The tensioning will require an expert structural engineer on site full time. This line item has been increased by $10,000 from the 10/13/21 scope to allow for increased site visits for attenuator tensioning and pile removal. Task 10: Site Representative Services in the Construction Phase Services to be provided by the ECE Site Representative include, but are not limited to, site observations and inspection of the construction plant, documentation of construction progress (production, equipment working, weather, etc.), collection of site photographs, review of daily contractor reports, prepare daily observation reports to protect in the event of a claim and document conditions to the permitting agencies, track contractor delays, and participate in progress meetings with Owner, Contractor and government. The purpose of these observations and documentation are to ensure that construction is in compliance with construction plans, contract documents, and permit authorizations granted for the work. For the purposes of this proposal, it is assumed that the City will require approximately 3-4 hours per day, five days per week on average for these services for the 6 to 8-week construction duration. This line item includes two weeks of hotel and per diem for the site representative and mileage expenses for the additional 4 to 6 weeks. This line item includes $7,700 previously included in Task 10 and an additional $21,600 to allow for increased construction duration (from 4 weeks to 6-8 weeks) and complexity. Further details for each task are presented in the original project work order dated 7/29/2020 and the supplemental work order dated 10/13/21. 3. PROJECT GOALS: Deliverables will include: • Electronic (PDF) copies of all submittals via email. 4. BUDGET: This price includes all labor and expenses anticipated to be incurred by Erickson Consulting Engineers, Inc. for the completion of these tasks in accordance with Professional Services Method “B” – Lump Sum – Percentage of Completion by Task for an amended fee not to exceed two hundred and fifty-four thousand, eight hundred and seventy dollars ($254,870). This is an increase of $39,270 from Supplemental Work Order 1. WORK ORDER INITIATION FORM 5 of 8 Revised: 4/27/2022 As the regulatory approvals are expected to qualify for an exemption, the scope does not include the remittance of any permit fees by the consultant. If permit application fees are required they may be paid by the consultant using the contingency allowance. 5. SCHEDULE: The project is to be completed within 245 days from issuance of notice-to-proceed. 6. STAFF ASSIGNMENT (Consultant): Karyn Erickson, MS, PE, DCE – Principal Engineer / Engineer-of-Record Laura Robichaux, PhD –Senior Project Manager Leaf Erickson, PhD, EI – Senior Engineer 7. CORRESPONDENCE/REPORTING PROCEDURES: ENGINEER’s project correspondence shall be directed to: Laura Robichaux, Senior Project Manager All City project correspondence shall be directed to: Eric Gandy, Marine and Aviation Director, with copies to others as may be appropriate. 8. INVOICING/FUNDING PROCEDURES: For work performed, invoices shall be submitted monthly to the: City of Clearwater, Marine & Aviation Department Attn. Aaron Braley, Senior Accountant 25 Causeway Blvd. Clearwater, Florida 33767 Contingency services will be billed as incurred only after written authorization provided by the City to proceed with those services. City Invoicing Code 3337333-530100-C1906 9. INVOICING PROCEEDURES At a minimum, in addition to the invoice amount(s) the following information shall be provided on all invoices submitted on the Work Order: A. Purchase Order Number and Contract Amount. B. The time period (begin and end date) covered by the invoice. C. A narrative summary of activities completed in the time period D. Contract billing method is Lump Sum (All Tasks except Task 6) and Cost Times Multiplier (Task 6) E. If Lump Sum, the percent completion, amount due, previous amount earned and total earned to date for all tasks (direct costs, if any, shall be included in lump sum amount). F. If Cost Times Multiplier, hours, hourly rates, names of individuals being billed, amount due, previous amount earned, total earned to date for each task and other direct costs (receipts will be required for any single item with a cost of $50 or greater or cumulative monthly expenses greater than $100). WORK ORDER INITIATION FORM 6 of 8 Revised: 4/27/2022 G. If the Work Order is funded by multiple funding codes, an itemization of tasks and invoice amounts by funding code. 10. SPECIAL CONSIDERATIONS: The consultant named above is required to comply with Section 119.0701, Florida Statutes (2013) where applicable. PREPARED BY: APPROVED BY: ________________________ ________________________ Karyn M. Erickson, PE, DCE Eric Gandy President Marine & Aviation Director Erickson Consulting Engineers, Inc. City of Clearwater ___________________ ___________________ Date Date Attachment C WORK ORDER INITIATION FORM 7 of 8 Revised: 4/27/2022 CLEARWATER HARBOR MARINA Erickson Consulting Engineers, Inc. SUPPLEMENTAL WORK ORDER INITIATION FORM PROJECT BUDGET Task Description Subconsultant Labor & ODCs Total Services 1-8 Previously approved Tasks 1-8 $155,700 10% Contingency (from Tasks 6-8 from Supplemental WO #1) $6,220 Total Previously Approved for Tasks 1-8 $161,920 Construction 9 Engineer of Record Services in the Construction Phase $3,300 $8,300 $11,600 9A Review Pre-Construction Submittals and Drawings $800 $5,800 $6,600 9B Respond to Contractor Questions & Requests for Information (RFIs) $6,000 $6,000 9C Contractor/City Change Orders & Time Extensions $3,300 $3,300 9D Observe/Approve Critical Work Components $8,100 $8,100 9E Progress Meetings with the City’s Site Representative and Contractor (6) $3,600 $3,600 9F Conduct Substantial Completion Inspection & Generate Punchlist(s) $3,000 $3,000 9G Structural Inspections during Construction $13,000 $0 $13,000 10 Site Representative Services in the Construction Phase $29,300 $29,300 Subtotal, Labor and Subcontractors for Tasks 9 & 10 $84,500 Contingency 10% (Task 9 & 10) $8,450 Grand Total (Tasks 1-10 + Contingency) $254,870 Increased cost from Supplemental Work Order #1 $39,270 Attachment C WORK ORDER INITIATION FORM 8 of 8 Revised: 4/27/2022 Tasks Supplemental Work Order 1 (10/13/21) Supplemental Work Order 2 (4/27/2022) Change in Total Assumptions Sub- Consultant Services ECE Labor & ODCs Total Sub- Consultant Services ECE Labor & ODCs Total 9 Engineer of Record Services in the Construction Phase $3,300 $16,000 $19,300 $3,300 $8,300 $11,600 -$7,700 Shifted to Task 10 9A Review Pre-Construction Submittals and Drawings $800 $5,000 $5,800 $800 $5,800 $6,600 +$800 Additional Complexity 9B Respond to Contractor Questions & Requests for Information (RFIs) $6,000 $6,000 $6,000 $6,000 $0 9C Contractor/City Change Orders & Time Extensions $2,100 $2,100 $3,300 $3,300 +$1,200 Additional anticipated change order 9D Observe/Approve Critical Work Components $6,000 $6,000 $8,100 $8,100 +$2,100 Additional critical work components 9E Progress Meetings with the City’s Site Representative and Contractor (6) $3,600 $3,600 $3,600 $3,600 $0 9F Conduct Substantial Completion Inspection & Generate Punchlist(s) $3,000 $3,000 $3,000 $3,000 $0 9G Structural Inspections during Construction $3,000 $3,000 $13,000 $0 $13,000 +$10,000 Additional critical work components 10 Site Representative Services in the Construction Phase $29,300 $29,300 $29,300 Additional Complexity; longer duration Subtotal, Labor and Subcontractors for Tasks 9 & 10 – $48,800 $84,500 +$35,700 Contingency 10% (Task 9 & 10) $4,880 $8,450 +$3,570 Clearwater Harbor Marina Wave Attenuators Page 1 Condition Assessment & Recommendations CLEARWATER HARBOR MARINA PILES, DOCKS AND ATTENUATORS ASSESSMENT RE: Attenuators requiring emergency repair, surveyed in February, April and May 2021 PREPARED FOR: City of Clearwater Erickson Consulting Engineers and Dive Tech International conducted an underwater inspection on 2/8/21, 4/20/21 and 4/21/21 to assess the condition of and identify defects in the current system of attenuators and docks. 1 Areas Surveyed The south side of the marina is exposed to frequent wave chop conditions (typically 1ft waves) which have led to fatigue and failure of the system; therefore, the north and south ends of the south wave attenuators were prioritized. Additionally, the north corner of the north attenuators was surveyed to proactively identify defects that could compromise the system in the short term. Attachment A contains two plan views – the first showing the naming convention of the wave attenuators and docks and the second showing the areas that have been surveyed and are proposed to be surveyed. The north (A-WA-14 to A-AW-12) and south (A-WA-1 to A-WA-4) attenuators in the south portion of the marina and the north (E-WA-1 to E-WA-3) attenuators in the north portion of the marina have been surveyed by an underwater inspection team. 2 Damage to Attenuators, Moorings, and Docks Throughout the marina, there are signs of wear and tear including cracked concrete and rusting bolts attaching pile guides and at finger dock connections. The chipped concrete occurs both above and below the waterline, and there is significant biofouling along all infrastructure below the waterline obscuring the conditions of the concrete attenuators. Attachment B provides the photos of damage. During routine cleaning in March 2021, two pile guides were identified as failing at the south end of Dock A, South Basin, A-WA-2. The pile guides have been replaced several Clearwater Harbor Marina Wave Attenuators Page 2 Condition Assessment & Recommendations times since the installation of the marina system indicating a weak point in the previous design. The failure of the pile guides and damage to the base of the attenuators requires emergency replacement of (at minimum) A-WA-1, A-WA-2, and A-WA-3. By April 2021, this pile guide had failed completely, been removed, and was replaced with a chain connecting the attenuator to the pile. This places the attenuator in an extremely vulnerable position if a storm occurs. The southernmost wave attenuators (A-WA-1 to A-WA-4) are in a state of progressive failure. Dock A-WA-1 is listing indicating that it’s buoyancy is compromised, and the pile guides at A-WA-2 show evidence of failure. If a large wave event occurs, the attenuator would likely become un-moored and damage assets and infrastructure within the marina. From an underwater inspection of A-WA-12 to A-AWA-14 and E-WA-1 to E-WA-3, spawling was found along the bottom indicating minor damage to the attenuators. While not at risk of immediate failure, these attenuators will require replacement within the next 2-5 years. It is likely that A-WA-4 to A-WA-12 and E-WA-4 to E-WA-16 will have similar spawling below the waterline. The utilities conduit running alongside A-WA-14 is failing and is detached from the munsen ring. If the conduit fails, significant disruption to services to the rest of the marina could occur. 3 Dock Numbering and Areas Surveyed To systematically assess the floating docks (FD) and wave attenuators (WA), ECE assigned numbers to each in accordance with the existing naming convention established by Clearwater Harbor Marina as shown in the tables below and the corresponding figure. Table 1: Naming of Wave Attenuators for Site Inspection DOCK Type No. NAME No. NAME No. NAME A (South) WA 1 A-WA-1 10 A-WA-10 18 A-WA-18 2 A-WA-2 11 A-WA-11 19 A-WA-19 3 A-WA-3 12 A-WA-12 20 A-WA-20 4 A-WA-4 13 A-WA-13 21 A-WA-21 5 A-WA-5 14 A-WA-14 22 A-WA-22 6 A-WA-6 15 A-WA-15 23 A-WA-23 7 A-WA-7 16 A-WA-16 24 A-WA-24 8 A-WA-8 17 A-WA-17 25 A-WA-25 9 A-WA-9 Clearwater Harbor Marina Wave Attenuators Page 3 Condition Assessment & Recommendations DOCK Type No. NAME No. NAME No. NAME E (North) WA 1 E-WA-1 7 E- WA -7 12 E- WA -12 2 E-WA-2 8 E- WA -8 13 E- WA -13 3 E- WA -3 9 E- WA -9 14 E- WA -14 4 E- WA -4 10 E- WA -10 15 E-WA -15 5 E- WA -5 11 E- WA -11 16 E- WA -16 6 E- WA -6 4 Summary of Damage and Emergency Actions We recommend that the process to replace attenuators A-WA-1 to A-WA-3 be initiated immediately. At minimum, the fastening at A-WA-14 should be repaired as soon as possible to prevent additional failures. The replacement of A-WA-12 to A-AWA-14 and E- WA-1 to E-WA-3 should be evaluated in parallel to the replacement of A-WA-1 to A-WA- 4 to evaluate potential cost savings for a single round of construction. Replacement of A-WA-1 to A-WA-3 is may be completed without removing the adjacent attenuator as only one connection to the existing system (at A-WA-4) is required. If other attenuators, particularly those with finger piers attached, require immediate replacement, there fastenings between the two systems become more complex. During the next site inspection, ECE will complete the marina walkthrough, document and measure all damage above the waterline. Underwater inspections of A-WA-5 to A-WA- 11 and A-WA-15 as well as E-WA-4-15 are identified as necessary to assess potential defects so that the outer attenuators may be assessed in full. Evaluation of risks to finger pier connections should be evaluated, and a targeted inspection of the connection between the piers and the attenuators may be recommended. 5 Next Steps and Action Items To advance the emergency replacement project, the following action items are required. 1. Discussion of existing conditions and additional surveys with City of Clearwater to initiate approval for emergency works. 2. Develop drawings for attenuator removal. 3. Develop drawings for attenuator replacement and connection into existing system. Clearwater Harbor Marina Wave Attenuators Page 7 Condition Assessment & Recommendations ATTACHMENT B: Photos of Damage to Attenuators Figure 1: Bio-fouling (indicative, throughout marina) Clearwater Harbor Marina Wave Attenuators Page 8 Condition Assessment & Recommendations Figure 3: Wave attenuator crack measurement of 4 inches (Feb 8, 2021) Figure 2: Wave attenuator spalling measurement of 4-5 inches (Feb 8, 2021) Clearwater Harbor Marina Wave Attenuators Page 9 Condition Assessment & Recommendations Figure 4: Progressive pile guide failure at south end of A-WA-2 (top photos from March 2021; pile guide removed and replaced with chain in April 2021 as shown in bottom photo) Clearwater Harbor Marina Wave Attenuators Page 10 Condition Assessment & Recommendations Figure 5: Damaged Floating dock 32” vessel impact (Feb 8, 2021) Figure 6: Crack in attenuator at A-WA-12 Clearwater Harbor Marina Wave Attenuators Page 11 Condition Assessment & Recommendations Figure 7: Failed fender and utilities conduit at A-WA-14 Clearwater Harbor Marina Wave Attenuators Page 12 Condition Assessment & Recommendations Figure 8: Spawl along bottom of front section of A-WA-14 approximately 1/3 of the length from the northwest corner Figure 9: Slip B20 vessel impacts (Feb 8, 2021) Clearwater Harbor Marina Wave Attenuators Page 13 Condition Assessment & Recommendations Figure 10: Damage to finger pier extending from E-WA-4 Clearwater Harbor Marina Wave Attenuators Page 14 Condition Assessment & Recommendations Figure 12: Spawl along E-WA-3 Figure 11: Spawling along E-WA-4 City of Clearwater Wave Attenuator Replacement Guaranteed Maximum Price April 21, 2022 Page 1 of 2 April 21, 2022 City of Clearwater Mr. Eric Gandy - Director Marine and Aviation 25 Causeway Blvd. Clearwater Florida, 33767 RE: Wave Attenuator Replacement #2 (South) GMP Dear Mr. Gandy, Thank you for the opportunity to provide Construction Management Services for the Wave Attenuator (150ft) replacement at Clearwater Marina. Due to the urgent nature of this project, all pricing is based on meetings with Erickson Consulting Engineers, City of Clearwater, Marina Technologies (wave attenuator fabricator), and Kelly Brothers (pile & dock installer). All clarifications, assumptions and pricing are attached. OVERVIEW The Clearwater Harbor Marina opened in 2010. Since then, the south facing attenuators have experienced continuous wear to the pile guides and walers that connect them. This damage has been caused by normal daily conditions and high frequency wind exposure as well as periodic storm events. Due to the failed conditions of the piles and wave attenuators, it is not feasible to repair or remediate the existing structural components, and therefore replacement is required. The replacement of the south attenuators will include removal of the three failed 50ft attenuators and three piles as shown in the design drawings. The three replacement attenuators with seven replacement piles require a slight shift to site the new piles a sufficient distance from the original piles so as not to weaken the rock-substrata and to provide better access for construction. PROJECT SUMMARY The following is a Summary of the Scope included in this Estimate. •Dispose of existing 150ft wave attenuators/dock. •Remove three (3) existing concrete piles. •Install new 30” steel piles (66ft) •Install new “Marina Technologies” wave attenuators/dock (150ft) If you have any question or require additional information, please do not hesitate to contact us. We appreciate the opportunity and look forward to a successful project. Sincerely, Roderick C. Voigt Executive Vice President Encl: Clarifications and Assumptions, GMP Division Summary, Marinetek Proposal, Speeler Proposal City of Clearwater Wave Attenuator Replacement Guaranteed Maximum Price April 21, 2022 Page 2 of 2 This proposal is submitted in conjunction with the existing Construction-Manager at Risk Services Continuing Contract entered into with the City of Clearwater on September 2, 2020 based on RFQ #40-20. For work performed, invoices shall be submitted to the City of Clearwater, Marine & Aviation Department, Attn: Eric Gandy, Director Marine and Aviation. 25 Causeway Blvd. Clearwater Florida, 33767. J. KOKOLAKIS CONTRACTING, INC DBA Kokolakis Contracting BY: ____________________________________ Roderick C. Voigt Executive VP 4/21/22 ___________________________________ Date CITY OF CLEARWATER, FLORIDA Approved as to form: Attest: _______________________________ By:_________________________________ David Margolis Rosmarie Call City Attorney City Clerk Countersigned: _________________________________ _____________________________________ Frank Hibbard Jon Jennings Mayor City Manager _________________________________ _____________________________________ Date Date City of Clearwater Wave Attenuator Replacement #2 Guaranteed Maximum Price 4/21/22 Clarifications and Assumptions Preface The proposal incorporates a number of assumptions regarding the project that further explains the scope, program, or quality of construction. The following are a summary of these assumptions. These assumptions and clarifications take precedence over all contract documents. General Clarifications This proposal is based on the Scope of services provided by Erickson Consulting Engineers, Inc. and complementary subcontractor pricing proposals. 1.The cost for Builder’s Risk Insurance and related deductibles for any and all perils, are not included in the contract price. Owner shall purchase and maintain the Builder’s Risk Insurance Policy including assuming responsibility for all deductibles throughout the life of the project and will comply with State Procurement Regulations for Owner Purchases. Kokolakis Contracting, Inc. shall be listed as an additional insured on the Builder’s Risk Policy and a copy of the policy will be made available on request. If Owner elects not to procure Builder’s Risk Insurance for the project, then the Owner will act as the insurer for the protection of both the Owner and Kokolakis Contracting, Inc. and its subcontractors and suppliers. 2.Due to the time sensitive nature of this project, this project will not be subject to the Sales Tax Savings Program. 3.All Permit and Impact Fee costs of any kind are not included as they are to be paid directly by Owner. 4.All warranties commence on the date of project substantial completion or beneficial use. 5.The costs contained within the Proposal, unless specifically noted otherwise, are based upon manufacturer’s standard listings of colors, finishes, features, etc. 6.The costs for temporary power and water use are not included as they will be furnished by the Owner free of charge to the contractor. 7.The costs for Asbestos Surveys, Hazardous Material Surveys or Lead Testing are not included. Lead testing and removal requirements are listed on http://www.epa.gov/lead/. 8.The demolition, abatement, removal or disposal of any contaminated, hazardous materials including but not limited to asbestos, lead, toxic saturated materials as well as any other unforeseen subsurface conditions such as sink holes, radon gas, unsuitable soils and abandoned utilities are not included. Hazardous materials surveys or engineering are excluded as well. 9.Payment and Performance Bonds are excluded. 10.Liquidated Damages are excluded. 11.Work hours in accordance with City of Clearwater ordinances and as negotiated with Owner. City of Clearwater Wave Attenuator Replacement #2 Guaranteed Maximum Price 4/21/22 12.Unit rates and percentages listed within the contract are agreed to as Lump Sums and are therefore not auditable. 13.Period of performance on site is approximately 45-60 days. 14.Total project duration from design to Substantial completion is approximately 332 days. 15.Kokolakis will not be required to carry Marine Insurance. This will be required by Kelly Bros. 16.There shall be no retainage held on material deposits. 17.There are no minority subcontracting requirements. 18.All warranties are through the vendors and the City shall work directly with the vendors for any warranty items. 19.In the event of a conflict, this proposal takes precedence over plans, specifications, and prime contract language. 20.Since installation subcontractor and wave attenuator supplier are sole-source, there will be no bidding requirements. 21.Pricing is based on drawings dated 3/7/22 other than drawing p12/13 that is dated 2/14/22. Scope Clarifications 1.Owner will directly handle all pre-construction surveys and as-built Surveys. 2.Owner shall be responsible for the Geo-technical borings and reports. 3.The noted 3 existing docks (50lf/ea) and associated piles shall be demolished and removed from site. 4.Piles shall be 30” diameter steel (7ea) with a production length of 66 feet per Drawing 12 of 13.. 5.Piles shall be epoxy coated without plastic sleeves. Sleeves are a bid option. 6.New Wave Attenuators shall be designed and fabricated in accordance with approved submittals by Engineer. 7.Excludes repair of existing concrete dock and any new rails on the existing dock. 8.Includes removal of one existing dock section that will require all new post-tension cables as the integrity of the existing cables are unknown 9.Excludes pile load testing and post-installation survey. City of Clearwater Wave Attenuator Replacement #2 Guaranteed Maximum Price 4/21/22 10.Excludes hazardous waste removal. 11.Includes pile and dock installation scope per attached Kelly Bros. Quote dated 3/25/22. 12.Includes wave attenuator scope per Marina Technologies pricing dated 4/20/22. 13.The City accepts all payment terms included in Marina Technologies proposal. Kokolakis is not responsible for any breach of contract by Marina Technologies, In. 14.Due to volatility in the market, subcontractor pricing is only good until May 19, 2022. 15.The City is responsible for all mechanical, electrical and fire protection work to include light bollards, power pedestals and mariner lights. Marina technologies will include raceway within the docks. End of Section Project: Location: Est. Date: Div. Division 1 Division 1 Division 2 Division 3 Division 4 Division 5 Division 6 Division 7 Division 8 Division 9Division 10 Division 11 Division 13 Division 15 Division 16 Clearwater Wave Attenuator Replacement #2 (South) ,. Clearwater Harbor Marina "Thursday, April 21, 2022 GMP Description KOKOLAKIS Total General Requfrements (Supervision, Management, Pre-Con) Pile Installer 188,997.00 General Requfrements (Supervision, Management, Pre-Con) CM $144,659.00 Existing Conditions -(Demo and Install Piles/Attenuators) Concrete Masonry Metals Wood, Plastics, and Composites Thermal and Moisture Pi-otection Openings Finishes Specialties Equipment Special Constmction (Wave Attenuator Material) Plumbing/Ffrepi-otection ( By Owner) Electrical (By Owner) Owner Contingency Builders Risk Insurance CM Fee Total Cost of Work $1,069,135.00 $0 $0 $0 $0 $0 $0 $0 $0 $0 $717,714.00 $0 $0 $1,931,508.00 $156,897.00 By Owner $25_,_187.00 $176,103.00 T O T A L $2,289,695.00 I April 20, 2022 – MARINA TECHNOLOGIES (MTI) CLEARWATER HARBOR MARINA – CLEARWATER, FL PROPOSAL FOR NEW CONCRETE FLOATING BREAKWATER DOCK REPLACEMENT Project No: MTI-0140 Revision 5 (Valid for 30 days or May 20, 2022) CONCRETE BREAKWATERS WITH KEELS (BREAKWATER SERIES) Structure : HDG Steel reinforced concrete pontoons – Structural Concrete : High Strength 5000 psi minimum compressive strength Freeboard : 24 inches Nominal (+/- 2”) Draft : 4 ft with keels (+/- 2”) Breakwater Width : 13 feet wide plus fenders Breakwater Length : 50 feet long per unit Fenders : Softwood fender 4’’ x 12’’ nominal on all sides Utilities : Embedded sleeves with pull boxes Cleats : Cast aluminum, 10-ton capacity (22” long) Anchoring : Internal heavy-duty pile guides with wear pads, HDG steel or optional stainless-steel pile guides Final design for 30” steel pipe piles + pile sleeves = 36” O.D. PRICE DESCRIPTION o Design and Supply of material. o Engineering Included (shop drawings, anchoring design, and installation manual). o Shipping by flat-bed trucks to project site in Clearwater, FL included. o Unloading, launching, piles, utilities and Installation are not included. o FL PE Stamp included o 2 years limited warranty o Produced in Florida o Sales taxes, if any, not included. BREAKWATER DOCKS – A-WA-1, A-WA-2 & A-WA-3 = $ 569,950.00 3-units - Concrete BREAKWATERS – 13’ x 50’ model with keels Stainless Steel Pile Guides (ADDER) = $ 9,800 each x 6 = $ 58,800.00 -For 36-inch pile guides Aluminum Transition Ramp = $ 14,900.00 1-unit - 10’ wide x 5’ long arched HDG Steel Corner Pile Guide – for 36-inch pile = $ 10,975.00 ============================= GRAND TOTAL = $ 654,625.00 Prices are valid for 30 days ONLY with signature received within the validity period and down payment received within the validity period. Second payment will also have to be paid within the schedule below to keep above numbers valid. MTI PROJECT SCHEDULE 4 weeks for Engineering and Submittals process. -the submittal process will start when down payment is received. 2 weeks after submittals are approved for final submittal package with FL PE stamp 16 weeks for Material procurement -the material procurement will start ONLY when 2nd payment is received. 2 weeks for mold preparation and production setup. 6 weeks for production of the 3 concrete breakwaters. 2 weeks Delivery only after final payment is received. PAYMENT TERMS We understand that the payment process will take some time to implement into the system, and that the City normally pays in a 30-day delay. To keep the project schedule, all payments will have to be executed as fast as possible. Please be aware that Marina Technologies will not start the project until the down payment is received and will not order material prior to receiving the 2nd payment. Those 2 payments will be the trigger for Engineering and Material procurement. It will directly affect the project schedule above. We request to be paid up to 95% of the total project value prior to delivery. A retainer of 5% will be kept for a period of 7 calendar days after docks are delivered. 5% retainer shall be paid following normal payment delays, but not more than 45 days after delivery. The warranty will start when all the docks are delivered but will only be active and in force when the project is fully paid including the 5% retainer and any change orders, if any. If project is not fully paid, the warranty will be void. 10% down payment at award – for design, engineering, and submittals. 50% when submittals are forwarded and approved – that will initiate material procurement. 20% prior to production starts. 15% prior delivery (3 trucks, so 5% of total value invoiced per shipment). 5% Retainer when all 3 concrete breakwaters are delivered to site. ACCEPTANCE PRINT NAME AND TITLE _____________________________________________________ DATE ____________________________ FED ID NO _____________________ SIGNATURE _________________________________________________________________ PROJECT MANAGER NAME __________________________________________________ PROJECT MANAGER MOBILE ________________________________________________ PROJECT MANAGER EMAIL __________________________________________________ MARINA TECHNOLOGIES CANADA INC 15775 Pine Ridge Road, Fort Myers, FL 33908 239.482.7300 office • 239.482.8014 fax • kellybros.net March 25, 2022 RESPONSE TO Request for Bid Clearwater Harbor Marina South Wave Attenuator Replacement Project CREATED FOR Kokolakis Contracting, Inc. 202 E. Center Street Tarpon Springs, FL 34689 SUBMITTED ON 1 Item No. Description of Item Unit Est. Unit Cost Est. Quantity Estimate 1 1.1 Supervision, management, pre-construction, mobilization, meetings, insurance LS 1 -$ 2 Demolition and disposal off site of three attenuators and four piles LS 1 -$ 2.1 Tension Cable for potential replacement through exisitng attenuators Ea 1 -$ 3 3.1 Supply and Delivery of Attenuators to Boat Ramp Ea 3 -$ 3.2 Transfer Attenuators and Tow to Site LS 1 -$ 3.2 Supply and Delivery of Piles Ea 7 -$ 3.3 Installation of Piles and Attenuators LS 1 -$ 3.4 Gangway Supply, Delivery and Installation LS 1 -$ 3.5 Supply, delivery and install of Pile Caps Ea 7 -$ 3.6 Supply, delivery and install of Fender Pile Ea 1 -$ 3.7 Supply, delivery and install of HDG Steel Corner Pile Guide Ea 1 -$ 4 Supply, delivery and install of HDPE Sleeves Ea 6 -$ 5 Stainless Steel Pile Guides Ea 6 -$ -$ -$ -$ Replacement Attenuators Bid-Option Clearwater Harbor Marina - Emergency Attenuator Replacement Bid Form General Requirements NOTES: (1) FDEP and County permits will be acquired by Engineer. (2)Utility connections and installation will be completed by the City. (3) Owner / Engineer will provide survey lay out and as-builts to meet survey requirements and related work. (4) Cleats and other items to be mechanically pre-set to be fastened to attenuator by manufacturer and are included in the attenuator price. No drilling into the attenuators shall occur on site. SUB-TOTAL 10% Contingency TOTAL P:\BIDS\2022 Bids\2022.03.25 Clearwater Harbor Marina South Wave Attenuators, Kokolakis\00 - KBI Submittal\Misc Docs\01 - Bid Form_2022.03.07 IMPORTANT: Please see Kelly Brothers' Quote Form following this page for details of our bid breakdown. Please see note below: Quote: Date: CUSTOMER Phone: Phone: Email:Email: ID Description Unit U/M $ Per Unit Total 1 1.1 1 LS 176,846.00$ 176,846.00$ 2 2.1 1 LS 115,256.00$ 115,256.00$ 2.1 1 LS 126,207.00$ 126,207.00$ 3 3.1 3 EA -$ -$ 3.2 1 LS 80,651.00$ 80,651.00$ 3.2 7 EA 26,133.00$ 182,931.00$ 3.4 1 LS 261,994.00$ 261,994.00$ 3.5 1 LS 6,952.00$ 6,952.00$ 3.6 7 EA 1,157.00$ 8,099.00$ 3.7 1 EA 2,699.00$ 2,699.00$ 3.8 1 EA 10,117.00$ 10,117.00$ 971,752.00$ 1.15% 11,175.15$ 11,175.15$ 982,927.15$ 10%98,292.72$ 98,292.72$ 1,081,219.87$ 4.1 7 EA 13,185.00$ 92,295.00$ 5.1 6 EA -$ -$ 1,064,047.00$ 1.15% 12,236.55$ 12,236.55$ 1,076,283.55$ 10% 107,628.36$ 107,628.36$ 1,183,911.91$ 1 2 3 Base Bid Subtotal + Bid Options (4.1 and 5.1) Subtotal: Payment and Performance Bond, Base Bid + Bid Options Base Bid + Bid Options Subtotal Including Payment & Performance Bond Cost: Base Bid Contingency Upland Site work Permits of any kind, including but limited to Environmental and Local Building Permits. Engineering and/or Design Clearwater Harbor Marina South Wave Attenuator Replacement Items Excluded or by Others (Continued on Pg. 2): Project Scope: Stainless Steel Pile Guides (Furnished by Others) 239-482-7300 danek@kellybros.net Supply and Delivery of Pipe Piles Installation of Piles and Attenuators Bid-Option Replace Attenuators Demolition Demolition and disposal offsite of three attenuators and four piles Base Bid Subtotal: Payment and Performance Bond, Base Bid Base Bid Contingency Base Bid Subtotal Including Payment & Performance Bond Cost: Supervision, management, pre-construction, mobilization, meetings, insurance Tension Cable for potential replacement through existing attenuators Install Aluminum Gangway (Furnished by Others) Per plans, specifications and as noted below. Base Bid + Bid Options, Payment & Performance Bond, & Contingency Bid Total: Base Bid Total: Furnish and Install Fender Pile Install of HDG Steel Corner Pile Guide (Furnished by Others) HDG hardware included Furnish and Install HDPE Sleeves March 24, 2022 Tarpon Springs, FL 34689 Kelly Brothers, Inc. (KBI) Dane Kelly, President 15775 Pine Ridge Road Fort Myers, FL 33908 Kokolakis Contracting, Inc. Clearwater Harbor Marina South Wave Attenuator Replacement Paulina Skladzien, Project Manager 202 E. Center Street Clearwater, FL 727-942-2211 pskladzien@jkokolakis.com Furnish and Install Pile Caps General Requirements Supply / Delivery of Attenuators to Boat Ramp (by Others) Transfer Attenuators and Tow to Site SERVICE PROVIDER Project Name:Project Location: Page 1 of 2 4 5 6 7 8 9 10 11 1 2 3 Wave attenuator availability has extremely long lead times due to COVID. Raw materials used to construct the floats are in high demand and thus there are major backorders. At this time, Marina Technologies is projecting their schedule will be as follows: •4 Weeks: Engineering and submittal process (timeline starts when down payment is received) • 2 Weeks: After submittals are approved for final submittal package with FL PE stamp • 12 Weeks: Material procurement (only after 2nd payment is received) • 2 Weeks: Mold preparation and production set up • 6 Weeks: Production of the three (3) concrete breakwaters • 2 Weeks: Delivery (only after final payment is received) If you have any questions, please contact us at 239-482-7300. Kelly Brothers, Inc. may withdraw this proposal if not accepted within thirty (30) days. Notes/Comments: Soil Boring / Geo Reports Handrail Toe Rail Survey, Layout and/or As-builts Liquidated Damages Utilities Repairs to existing floating dock other than necessary work to complete scope of work outlined in the above line items. Staging Yard and/or Staging Yard Fees (See Notes / Comments) Staging Yard, proposal includes utilizing same staging yard KBI used for the North Wave attenuator free of charge (Sand Key Park 1060 Gulf Blvd Clearwater FL 33767) Steel Pipe has extremely long lead times due to COVID and the war between Ukraine and Russia. At this time one mill is scheduled to roll this size of pipe in mid-April 2022. After this rolling, the mill requires 90% more tonnage over ours in an order schedule the next rolling period. All of this is of course pending availability of the coils themselves. Items Excluded or by Others (Continued) Page 2 of 2 15775 Pine Ridge Road, Fort Myers, FL 33908 P: (239) 482-7300  F: (239) 482-8014 www.kellybros.net Company Introduction Kelly Brothers (KBI) provides world-class marine construction services and offers decades of experience working in, on, under, over and around the waters of central and southwest Florida. KBI’s proven expertise has been acquired through the multitude of years and myriad of project successfully completed during our 42 years in business. We have experience in every facet of the marine construction industry and are experts in our field. The company is headquartered in Fort Myers, where we have been locally owned and operated by the Kelly family since the firm’s incorporation in 1980. Our 2nd location in Fort Myers Beach consists of both a material and equipment staging yard along with a full commercial barge landing. Our work ranges from marine demolition, to exclusive marinas and yacht clubs, to iconic landmarks such as the Naples Pier, Sanibel Causeway Bridge, and the Mallory Square Wharf. We do wave attenuators, aerial crossings, artificial reefs, boat ramps, dredging, barge and crane services, boardwalks, box culverts, bulkheads, commercial diving, derelict vessel removal, erosion control, fender systems, floating docks, jetties, groins, mooring piles, bridges, piers, pile jackets, riprap revetment, seawalls, sheet piling (concrete, steel, vinyl), cathodic protection, slope protection, subaqueous cable and/or pipe crossings, underwater construction, demolition, and inspections along with water control structures. KBI has invested in plant and equipment to further enhance our abilities to control cost and deliver a top-notch quality product while adhering to the schedule. Kelly Brothers has an extensive collection of equipment, tools, and expertise at our disposal and we ready to start work. Our company has the ability to successfully manage every aspect of your project from start to finish. Our material suppliers work closely with KBI to ensure competitive pricing, and the availability and delivery of necessary materials. Both vital in keeping your project within budget and on schedule. KBI has developed strong working relationships with skilled subcontractors, their expertise strengthens our team approach and supplements the years of experience Kelly Brothers will bring to your project. Kelly Brothers provides exceptional-quality commercial marine design, construction, and repair throughout Florida. Our work has taken us to every corner of the state. We successfully completed work on an industrial berthing facility in St. Marks, and have worked as far south as Mallory Square in Key West. KBI’s extensive portfolio contains over 1,200 multifaceted projects for private developers, engineering and consulting firms, federal, state, city, and county municipalities. We are able to draw from our vast history and experience to overcome any challenge presented with the complexity of marine construction. Where some companies see problems, at Kelly Brothers we see opportunities. We have been able to use these circumstances to broaden our experience base and gain indispensable wisdom. Our company and our people benefit when such an instance occurs; we take the opportunity to think outside the box and collaborate on creative solutions. We have learned to listen, ask questions, only then develop viable options for resolution shared using open and honest communication. With each instance we increase our knowledge, which in turns benefits our clients. There is no substitute for years of experience when dealing with the intricacies of marine construction. Our knowledge and expertise amassed over the years have proven to be invaluable in dealing with the varied and complex aspects of individual projects. 15775 Pine Ridge Road, Fort Myers, FL 33908 P: (239) 482-7300  F: (239) 482-8014 www.kellybros.net Kelly Brothers always views a project as an opportunity to share our expertise. We scrutinize each project, examining areas we feel there may be the potential for adding value. We collaborate with our clients to provide value engineering and implement cost saving measures. KBI is currently working on Collier County’s Chokoloskee Bridge Reconstruction project. As part of this project, Kelly Brothers crafted a cost savings initiative (CSI) in excess of one million dollars ($1,000,000). Kelly Brothers was also able to value engineer the Florida Department of Transportation (FDOT) Myakka Bridge project. KBI proposed a CSI, which consisted of the construction of a temporary bridge over the Myakka River to carry all mainline traffic during construction. The CSI also included design changes which reduced the total cost to the State of Florida by $128,000. This CSI was accepted by the FDOT, which when implemented resulted in a greatly reduced impact to the traveling public. This project finished under budget and was completed on schedule. These projects offer just glimpse of our abilities to seize opportunities for improvement and cost savings. Continuous improvement is a part of our company’s philosophy applied to both our internal processes and externally in the work we do for our clients. Leveraging four decades of experience, we offer the expertise you need to complete your project on time and within the agreed upon budget. Our business approach is simple; help our clients achieve their goals, for the best value, on-time, while delivering the highest quality craftsmanship. Kelly Brothers has the necessary facilities, ability, capacity, and financial resources to execute the work required for a successful completion of your project. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0471 Agenda Date: 5/19/2022 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Public Utilities Agenda Number: 7.7 SUBJECT/RECOMMENDATION: Approve purchase orders to Hydranautics of Oceanside, CA, and Toray Membrane USA, Inc, of Poway, CA for the supply of reverse osmosis membranes in the cumulative annual not-to-exceed amount of $300,000.00 for an initial period of one year, with the option for two, one-year renewal options, pursuant to Invitation to Bid (ITB) 14-22, and authorize the appropriate officials to execute same. (consent) SUMMARY: Reverse osmosis (RO) membranes are used at the City's two RO drinking water treatment plants in a purification process used to clean well water by removing common chemical contaminants. The existing membranes are five to eight years old and will be replaced in stages over the next three years to maintain water quality. Invitation to Bid # 14-22, Reverse Osmosis Membranes was released on March 14, 2022. The purpose of this bid was to procure replacement reverse osmosis membrane elements for the City’s two reverse osmosis drinking water treatment plants. Six submissions were received on April 13, 2022. Public Utilities has completed their evaluation and determined that Hydranautics and Toray Membrane USA, Inc. are the lowest, most responsible bidders that met the requirements of the bid specifications. Public Utilities estimates the first year’s annual expense of this contract at $300,000.00 and will ensure that all contract requirements are met. APPROPRIATION CODE AND AMOUNT: Funds are available in Capital Improvement Projects M1908 RO #1 R&R and M1909 RO #2 R&R, to fund the professional service agreement and work order. USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/17/2022 April 25, 2022 NOTICE OF INTENT TO AWARD The Public Utilities Department and the Procurement Division recommend award of ITB No.14-22, Reverse Osmosis Membranes, to Hydranautics of Oceanside, California, and Toray Membrane USA, Inc., of Poway, California, the lowest most responsible bidders, in accordance with the bid specifications, in the estimated amount of $300,000.00 annually, for a period of one (1) year, with two (2), one (1) year renewal options. This Award recommendation will be considered by the City Council at the May 19, 2022, Work Session (9:00 a.m.) and voted on at the May 19, 2022, Council Meeting (6:00 p.m.). These meetings are held at Clearwater Main Library, at 100 N. Osceola Ave., Clearwater, FL 33755. Inquiries regarding this Intent to Award can be directed to Scott Burrows, Procurement Analyst, at (727) 562-4634, or mailed to City of Clearwater, Attn: Procurement Division, PO Box 4748, Clearwater, FL 33758-4748. Posted on this date by: Scott Burrows Scott Burrows, MPA Procurement Analyst 1) Accurate Gas Control Systems, Inc.2) H2O Innovation USA, Inc. 375 Roberts Road, Suite D 8900 109th Ave. N., Suite 100 Oldsmar, FL 34677 Champlin, MN 55316 813-521-5872 310-283-7476 * Certified WMVB* 3) Harrington Industrial Plastics LLC 4) Hydranautics PO Box 676273 401 Jones Road Dallas, TX 75267-6273 Oceanside, CA 92058-1216 813-682-4565 760-901-2500 5) MPW Industrial Services Group, Inc.6) Toray Membrane USA, Inc. dba MPW Industrial Water Services, Inc.13435 Danielson Street 9711 Lancaster Road SE Poway, CA 92064 Hebron, OH 43025 941-243-1039 740-345-2431 x5905 ADVERTISED: TAMPA BAY TIMES 3/16/2022 POSTED:myclearwater.com 3/14/22 - 4/13/22 FOR THE CITY OF CLEARWATER Due/Opening: APRIL 13, 2022; 10:00 a.m. INVITATION TO BID No. 14-22 REVERSE OSMOSIS MEMBRANES Solicitation Response Listing v. 11.2018 Procurement Division 100 S Myrtle Ave 33756-5520 PO Box 4748 33758-4748 Clearwater FL 727-562-4633 INVITATION TO BID #14-22 Reverse Osmosis Membranes March 14, 2022 NOTICE IS HEREBY GIVEN that sealed bids will be received by the City of Clearwater (City) until 10:00 A.M., Local Time, April 13, 2022 to provide Reverse Osmosis Membranes. Brief Description: The City of Clearwater is seeking bids from qualified vendors to supply reverse osmosis membrane elements for use in the City’s drinking water treatment plants. These membrane elements will be purchased and installed by the Public Utilities Department on an as- needed basis. Bids must be in accordance with the provisions, specifications and instructions set forth herein and will be received by the Procurement Division until the above noted time, when they will be publicly acknowledged and accepted. Bid packets, any attachments and addenda are available for download at: https://www.myclearwater.com/business/rfp Please read the entire solicitation package and submit the bid in accordance with the instructions. This document (less this invitation and the instructions) and any required response documents, attachments, and submissions will constitute the bid. General, Process or Technical Questions concerning this solicitation should be directed, IN WRITING, to the following Sr. Procurement Analyst: Eryn Berg Sr. Procurement Analyst Eryn.Berg@myclearwater.com This Invitation to Bid is issued by: Lori Vogel, CPPB Procurement Manager lori.vogel@myclearwater.com INSTRUCTIONS Reverse Osmosis Membranes 2 ITB #14-22 i.1 VENDOR QUESTIONS: All questions regarding the contents of this solicitation, and solicitation process (including requests for ADA accommodations), shall be directed solely to the contact listed on page 1. Questions should be submitted in writing via letter, fax or email. Questions received less than ten (10) calendar days prior to the due date and time may be answered at the discretion of the City. i.2 ADDENDA/CLARIFICATIONS: Any changes to the specifications will be in the form of an addendum. Addenda are posted on the City website no less than seven (7) days prior to the Due Date. Vendors are cautioned to check the Purchasing Website for addenda and clarifications prior to submitting their bid. The City cannot be held responsible if a vendor fails to receive any addenda issued. The City shall not be responsible for any oral changes to these specifications made by any employees or officer of the City. Failure to acknowledge receipt of an addendum may result in disqualification of a bid. i.3 VENDOR CONFERENCE / SITE VISIT: Yes No Mandatory Attendance: Yes No Date and Time: n/a Location: n/a If so designated above, attendance is mandatory as a condition of submitting a bid. The conference/site visit provides interested parties an opportunity to discuss the City's needs, inspect the site and ask questions. During any site visit you must fully acquaint yourself with the conditions as they exist and the character of the operations to be conducted under the resulting contract. i.4 DUE DATE & TIME FOR SUBMISSION AND OPENING: Date: April 13, 2022 Time: 10:00 A.M. (Local Time) The City will open all bids properly and timely submitted and will record the names and other information specified by law and rule. All bids become the property of the City and will not be returned except in the case of a late submission. Respondent names, as read at the bid opening, will be posted on the City website. Once a notice of intent to award is posted or 30 days from day of opening elapses, whichever occurs earlier, bids are available for inspection by contacting the Procurement Division. i.5 BID FIRM TIME: 90 days from Opening Bid shall remain firm and unaltered after opening for the number of days shown above. The City may accept the bid, subject to successful contract negotiations, at any time during this time. i.6 BID SECURITY: Yes No If so designated above, a bid security in the amount specified must be submitted with the bid. The security may be submitted in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, or cashier's check payable to the City of Clearwater (personal or company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to the City. Such bid security shall be forfeited to the City of Clearwater should the bidder selected fail to execute a contract when requested. PERFORMANCE SECURITY: Yes No If required herein, the Contractor, simultaneously with the execution of the Contract, will be required to furnish a performance security. The security may be submitted in one-year increments and in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, cashier's check or money order payable to the City of Clearwater (personal and company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to INSTRUCTIONS Reverse Osmosis Membranes 3 ITB #14-22 the City. If the Contractor fails or refuses to fully comply with the terms and conditions of the contract, the City shall have the right to use all or such part of said security as may be necessary to reimburse the City for loss sustained by reason of such breach. The balance of said security, if any, will be returned to Contractor upon the expiration or termination of the contract. i.7 BID SUBMITTAL TO: It is recommended that bids be submitted electronically through our bids website at https://www.myclearwater.com/business/rfp. Bidders may mail or hand-deliver bids to the address below. E-mail or fax submissions will not be accepted. Use label at the end of this solicitation package. City of Clearwater Attn: Procurement Division 100 S Myrtle Ave, 3rd Fl, Clearwater FL 33756-5520 or PO Box 4748, Clearwater FL 33758-4748 No responsibility will attach to the City of Clearwater, its employees or agents for premature opening of a bid that is not properly addressed and identified. i.8 LATE BIDS. The bidder assumes responsibility for having the bid delivered on time at the place specified. All bids received after the date and time specified shall not be considered and will be returned unopened to the bidder. The bidder assumes the risk of any delay in the mail or in handling of the mail by employees of the City of Clearwater, or any private courier, regardless whether sent by mail or by means of personal delivery. You must allow adequate time to accommodate all registration and security screenings at the delivery site. A valid photo I.D. may be required. It shall not be sufficient to show that you mailed or commenced delivery before the due date and time. All times are Clearwater, Florida local times. The bidder agrees to accept the time stamp in the City Procurement Office as the official time. i.9 LOBBYING; LOBBYING NO-CONTACT PERIOD; QUESTIONS REGARDING SOLICITATION. From the time a competitive solicitation is posted until such time as the contract is awarded by the city or the solicitation is cancelled, all bidders, offerors, respondents, including their employees, representatives, and other individuals acting on their behalf, shall be prohibited from lobbying city officers, city employees, and evaluation committee members. Violation of this section may result in rejection/disqualification from award of the contract arising out of the competitive solicitation. All questions regarding the competitive solicitation must be directed to the procurement manager or designee, who will respond in writing and post such response to ensure that all respondents receive the same information during the No-Contact Period. The penalty for violating the No-Contact Period may include suspension or debarment. i.10 COMMENCEMENT OF WORK. If bidder begins any billable work prior to the City’s final approval and execution of the contract, bidder does so at its own risk. i.11 RESPONSIBILITY TO READ AND UNDERSTAND. Failure to read, examine and understand the solicitation will not excuse any failure to comply with the requirements of the solicitation or any resulting contract, nor shall such failure be a basis for claiming additional compensation. If a vendor suspects an error, omission or discrepancy in this solicitation, the vendor must immediately and in any case not later than seven (7) business days in advance of the due date notify the contact on page one (1). The City is not responsible for and will not pay any costs associated with the preparation and submission of the bid. Bidders are cautioned to verify their bids before submission, INSTRUCTIONS Reverse Osmosis Membranes 4 ITB #14-22 as amendments to or withdrawal of bids submitted after time specified for opening of bids may not be considered. The City will not be responsible for any bidder errors or omissions. i.12 FORM AND CONTENT OF BIDS. Unless otherwise instructed or allowed, bids shall be submitted on the forms provided. An original and the designated number of copies of each bid are required. Bids, including modifications, must be submitted in ink, typed, or printed form and signed by an authorized representative. Please line through and initial rather than erase changes. If the bid is not properly signed or if any changes are not initialed, it may be considered non-responsive. In the event of a disparity between the unit price and the extended price, the unit price shall prevail unless obviously in error, as determined by the City. The City may require that an electronic copy of the bid be submitted. The bid must provide all information requested and must address all points. The City does not encourage exceptions. The City is not required to grant exceptions and depending on the exception, the City may reject the bid. i.13 SPECIFICATIONS. Technical specifications define the minimum acceptable standard. When the specification calls for “Brand Name or Equal,” the brand name product is acceptable. Alternates will be considered upon demonstrating the other product meets stated specifications and is equivalent to the brand product in terms of quality, performance and desired characteristics. Minor differences that do not affect the suitability of the supply or service for the City’s needs may be accepted. Burden of proof that the product meets the minimum standards or is equal to the brand name, product, is on the bidder. The City reserves the right to reject bids that the City deems unacceptable. i.14 MODIFICATION / WITHDRAWAL OF BID. Written requests to modify or withdraw the bid received by the City prior to the scheduled opening time will be accepted and will be corrected after opening. No oral requests will be allowed. Requests must be addressed and labeled in the same manner as the bid and marked as a MODIFICATION or WITHDRAWAL of the bid. Requests for withdrawal after the bid opening will only be granted upon proof of undue hardship and may result in the forfeiture of any bid security. Any withdrawal after the bid opening shall be allowed solely at the City’s discretion. i.15 DEBARMENT DISCLOSURE. If the vendor submitting this bid has been debarred, suspended, or otherwise lawfully precluded from participating in any public procurement activity, including being disapproved as a subcontractor with any federal, state, or local government, or if any such preclusion from participation from any public procurement activity is currently pending, the bidder shall include a letter with its bid identifying the name and address of the governmental unit, the effective date of this suspension or debarment, the duration of the suspension or debarment, and the relevant circumstances relating the suspension or debarment. i.16 RESERVATIONS. The City reserves the right to reject any or all bids or any part thereof; to rebid the solicitation; to reject non-responsive or non-responsible bids; to reject unbalanced bids; to reject bids where the terms, prices, and/or awards are conditioned upon another event; to reject individual bids for failure to meet any requirement; to award by item, part or portion of an item, group of items, or total; to make multiple awards; to waive minor irregularities, defects, omissions, technicalities or form errors in any bid. The City may seek clarification of the bid from bidder at any time, and failure to respond is cause for rejection. Submission of a bid confers on bidder no right to an award or to a subsequent contract. The City is charged by its Charter to make an award that is in the best interest of the City. All decisions on compliance, evaluation, terms and conditions shall be made solely at the City’s discretion and made to favor the City. No binding contract will exist between the bidder and the City until the City executes a written contract or purchase order. i.17 OFFICIAL SOLICITATION DOCUMENT. Changes to the solicitation document made by a bidder may not be acknowledged or accepted by the City. Award or execution of a contract does not constitute acceptance of a changed term, condition or specification unless specifically acknowledged and agreed to by the City. The copy maintained and published by the City shall be the official solicitation document. i.18 COPYING OF BIDS. Bidder hereby grants the City permission to copy all parts of its bid, including without limitation any documents and/or materials copyrighted by the bidder. The City’s right to INSTRUCTIONS Reverse Osmosis Membranes 5 ITB #14-22 copy shall be for internal use in evaluating the proposal. i.19 CONTRACTOR ETHICS. It is the policy of the City to promote courtesy, fairness, impartiality, integrity, service, professionalism, economy, and government by law in the Procurement process. The responsibility for implementing this policy rests with each individual who participates in the Procurement process, including Respondents and Contractors. To achieve the purpose of this Article, it is essential that Respondents and Contractors doing business with the City also observe the ethical standards prescribed herein. It shall be a breach of ethical standards to: a. Exert any effort to influence any City employee or agent to breach the standards of ethical conduct. b. Intentionally invoice any amount greater than provided in Contract or to invoice for Materials or Services not provided. c. Intentionally offer or provide sub-standard Materials or Services or to intentionally not comply with any term, condition, specification or other requirement of a City Contract. i.20 GIFTS. The City will accept no gifts, gratuities or advertising products from bidders or prospective bidders and affiliates. The City may request product samples from vendors for product evaluation. i.21 RIGHT TO PROTEST. Pursuant to Section 2.562(3), Clearwater Code of Ordinances, a bidder who submitted a response to a competitive solicitation and was not selected may appeal the decision through the bid protest procedures, a copy of which shall be available in the Procurement Division. A protesting bidder must include a fee of one percent of the amount of the bid or proposed contract to offset the City’s additional expenses related to the protest. This fee shall not exceed $5,000.00 nor be less than $50.00. Full refund will be provided should the protest be upheld. No partial refunds will be made. ADDRESS PROTESTS TO: City of Clearwater – Procurement Division 100 S Myrtle Ave, 3rd Fl Clearwater FL 33756-5520 or PO Box 4748 Clearwater FL 33758-4748 INSTRUCTIONS – EVALUATION Reverse Osmosis Membranes 6 ITB #14-22 i.22 EVALUATION PROCESS. Bids will be reviewed by the Procurement Division and representative(s) of the respective department(s). The City staff may or may not initiate discussions with bidders for clarification purposes. Clarification is not an opportunity to change the bid. Bidders shall not initiate discussions with any City employee or official. i.23 PRESENTATIONS/INTERVIEWS. The bidder must provide a formal presentation/interview upon request. i.24 CRITERIA FOR EVALUATION AND AWARD. The City evaluates three (3) categories of information: responsiveness, responsibility, and price. All bids must meet the following responsiveness and responsibility criteria to be considered further. a) Responsiveness. The City will determine whether the bid complies with the instructions for submitting bids including completeness of bid which encompasses the inclusion of all required attachments and submissions. The City must reject any bids that are submitted late. Failure to meet other requirements may result in rejection. b) Responsibility. The City will determine whether the bidder is one with whom it can or should do business. Factors that the City may evaluate to determine "responsibility" include, but are not limited to: excessively high or low priced bids, past performance, references (including those found outside the bid), compliance with applicable laws-including tax laws, bidder's record of performance and integrity - e.g. has the bidder been delinquent or unfaithful to any contract with the City, whether the bidder is qualified legally to contract with the City, financial stability and the perceived ability to perform completely as specified. A bidder must at all times have financial resources sufficient, in the opinion of the City, to ensure performance of the contract and must provide proof upon request. City staff may also use Dun & Bradstreet and/or any generally available industry information. The City reserves the right to inspect and review bidder’s facilities, equipment and personnel and those of any identified subcontractors. The City will determine whether any failure to supply information, or the quality of the information, will result in rejection. c) Price. We will then evaluate the bids that have met the requirements above. i.25 COST JUSTIFICATION. In the event only one response is received, the City may require that the bidder submit a cost proposal in sufficient detail for the City to perform a cost/price analysis to determine if the bid price is fair and reasonable. i.26 CONTRACT NEGOTIATIONS AND ACCEPTANCE. Bidder must be prepared for the City to accept the bid as submitted. If bidder fails to sign all documents necessary to successfully execute the final contract within a reasonable time as specified, or negotiations do not result in an acceptable agreement, the City may reject bid or revoke the award, and may begin negotiations with another bidder. Final contract terms must be approved or signed by the appropriately authorized City official(s). No binding contract will exist between the bidder and the City until the City executes a written contract or purchase order. i.27 NOTICE OF INTENT TO AWARD. Notices of the City’s intent to award a Contract are posted to Purchasing’s website. It is the bidder’s responsibility to check the City of Clearwater’s website at https://www.myclearwater.com/business/rfp to view relevant bid information and notices. i.28 BID TIMELINE. Dates are tentative and subject to change. Release ITB: 3/14/2022 Advertise Tampa Bay Times: 3/16/2022 Bids due: 4/13/2022 Review bids: 4/14/2022 – 4/21/2022 Award recommendation: 4/22/2022 Council authorization: 5/19/2022 Contract begins: May 2022 STANDARD TERMS AND CONDITIONS Reverse Osmosis Membranes 7 ITB #14-22 S.1 DEFINITIONS. Uses of the following terms are interchangeable as referenced: “vendor, contractor, supplier, proposer, company, parties, persons”, “purchase order, PO, contract, agreement”, “city, Clearwater, agency, requestor, parties”, “bid, proposal, response, quote”. S.2 INDEPENDENT CONTRACTOR. It is expressly understood that the relationship of Contractor to the City will be that of an independent contractor. Contractor and all persons employed by Contractor, either directly or indirectly, are Contractor’s employees, not City employees. Accordingly, Contractor and Contractor’s employees are not entitled to any benefits provided to City employees including, but not limited to, health benefits, enrollment in a retirement system, paid time off or other rights afforded City employees. Contractor employees will not be regarded as City employees or agents for any purpose, including the payment of unemployment or workers’ compensation. If any Contractor employees or subcontractors assert a claim for wages or other employment benefits against the City, Contractor will defend, indemnify and hold harmless the City from all such claims. S.3 SUBCONTRACTING. Contractor may not subcontract work under this Agreement without the express written permission of the City. If Contractor has received authorization to subcontract work, it is agreed that all subcontractors performing work under the Agreement must comply with its provisions. Further, all agreements between Contractor and its subcontractors must provide that the terms and conditions of this Agreement be incorporated therein. S.4 ASSIGNMENT. This Agreement may not be assigned either in whole or in part without first receiving the City’s written consent. Any attempted assignment, either in whole or in part, without such consent will be null and void and in such event the City will have the right at its option to terminate the Agreement. No granting of consent to any assignment will relieve Contractor from any of its obligations and liabilities under the Agreement. S.5 SUCCESSORS AND ASSIGNS, BINDING EFFECT. This Agreement will be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns. S.6 NO THIRD-PARTY BENEFICIARIES. This Agreement is intended for the exclusive benefit of the parties. Nothing set forth in this Agreement is intended to create, or will create, any benefits, rights, or responsibilities in any third parties. S.7 NON- EXCLUSIVITY. The City, in its sole discretion, reserves the right to request the materials or services set forth herein from other sources when deemed necessary and appropriate. No exclusive rights are encompassed through this Agreement. S.8 AMENDMENTS. There will be no oral changes to this Agreement. This Agreement can only be modified in a writing signed by both parties. No charge for extra work or material will be allowed unless approved in writing, in advance, by the City and Contractor. S.9 TIME OF THE ESSENCE. Time is of the essence to the performance of the parties’ obligations under this Agreement. S.10 COMPLIANCE WITH APPLICABLE LAWS. a. General. Contractor must procure all permits and licenses and pay all charges and fees necessary and incidental to the lawful conduct of business. Contractor must stay fully informed of existing and future federal, state, and local laws, ordinances, and regulations that in any manner affect the fulfillment of this Agreement and must comply with the same at its own expense. Contractor bears full responsibility for training, safety, and providing necessary equipment for all Contractor personnel to achieve throughout the term of the Agreement. Upon request, Contractor will demonstrate to the City's satisfaction any programs, procedures, and other activities used to ensure compliance. b. Drug-Free Workplace. Contractor is hereby advised that the City has adopted a policy establishing a drug-free workplace for itself and those doing business with the City to ensure the safety and health of all persons working on City contracts and projects. Contractor will require a drug-free workplace for all Contractor personnel working under this Agreement. Specifically, all Contractor personnel who are working under this Agreement must be notified STANDARD TERMS AND CONDITIONS Reverse Osmosis Membranes 8 ITB #14-22 in writing by Contractor that they are prohibited from the manufacture, distribution, dispensation, possession, or unlawful use of a controlled substance in the workplace. Contractor agrees to prohibit the use of intoxicating substances by all Contractor personnel and will ensure that Contractor personnel do not use or possess illegal drugs while in the course of performing their duties. c. Federal and State Immigration Laws. Contractor agrees to comply with the Immigration Reform and Control Act of 1986 (IRCA) in performance under this Agreement and to permit the City and its agents to inspect applicable personnel records to verify such compliance as permitted by law. Contractor will ensure and keep appropriate records to demonstrate that all Contractor personnel have a legal right to live and work in the United States. (i) As applicable to Contractor, under this provision, Contractor hereby warrants to the City that Contractor and each of its subcontractors will comply with, and are contractually obligated to comply with, all federal immigration laws and regulations that relate to their employees (hereinafter “Contractor Immigration Warranty”). (ii) A breach of the Contractor Immigration Warranty will constitute as a material breach of this Agreement and will subject Contractor to penalties up to and including termination of this Agreement at the sole discretion of the City. (iii) The City retains the legal right to inspect the papers of all Contractor personnel who provide services under this Agreement to ensure that Contractor or its subcontractors are complying with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any such inspections. (iv) The City may, at its sole discretion, conduct random verification of the employment records of Contractor and any subcontractor to ensure compliance with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any random verification performed. (v) Neither Contractor nor any subcontractor will be deemed to have materially breached the Contractor Immigration Warranty if Contractor or subcontractor establishes that it has complied with the employment verification provisions prescribed by Sections 274A and 274B of the Federal Immigration and Nationality Act. d. Nondiscrimination. Contractor represents and warrants that it does not discriminate against any employee or applicant for employment or person to whom it provides services because of race, color, religion, sex, national origin, or disability, and represents and warrants that it complies with all applicable federal, state, and local laws and executive orders regarding employment. Contractor and Contractor’s personnel will comply with applicable provisions of Title VII of the U.S. Civil Rights Act of 1964, as amended, Section 504 of the Federal Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), and applicable rules in performance under this Agreement. S.11 SALES/USE TAX, OTHER TAXES. Contractor is responsible for the payment of all taxes including federal, state, and local taxes related to or arising out of Contractor’s services under this Agreement, including by way of illustration but not limitation, federal and state income tax, Social Security tax, unemployment insurance taxes, and any other taxes or business license fees as required. If any taxing authority should deem Contractor or Contractor employees an employee of the City, or should otherwise claim the City is liable for the payment of taxes that are Contractor’s responsibility under this Agreement, Contractor will indemnify the City for any tax liability, interest, and penalties imposed upon the City. The City is exempt from paying state and local sales/use taxes and certain federal excise taxes and will furnish an exemption certificate upon request. S.12 AMOUNTS DUE THE CITY. Contractor must be current and remain current in all obligations due to the City during the performance of services under the Agreement. Payments to Contractor may be offset by any delinquent amounts due the City or fees and charges owed to the City. STANDARD TERMS AND CONDITIONS Reverse Osmosis Membranes 9 ITB #14-22 S.13 OPENNESS OF PROCUREMENT PROCESS. Written competitive proposals, replies, oral presentations, meetings where vendors answer questions, other submissions, correspondence, and all records made thereof, as well as negotiations or meetings where negotiation strategies are discussed, conducted pursuant to this Invitation to Bid (ITB), shall be handled in compliance with Chapters 119 and 286, Florida Statutes. Proposals or replies received by the City pursuant to this ITB are exempt from public disclosure until such time that the City provides notice of an intended decision or until 30 days after opening the proposals, whichever is earlier. If the City rejects all proposals or replies pursuant to this ITB and provides notice of its intent to reissue the ITB, then the rejected proposals or replies remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued ITB or until the City withdraws the reissued ITB. A proposal or reply shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or replies. Oral presentations, meetings where vendors answer questions, or meetings convened by City staff to discuss negotiation strategies, if any, shall be closed to the public (and other proposers) in compliance with Chapter 286 Florida Statutes. A complete recording shall be made of such closed meeting. The recording of, and any records presented at, the exempt meeting shall be available to the public when the City provides notice of an intended decision or until 30 days after opening proposals or final replies, whichever occurs first. If the City rejects all proposals or replies pursuant to this ITB and provides notice of its intent to reissue the ITB, then the recording and any records presented at the exempt meeting remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued ITB or until the City withdraws the reissued ITB. A recording and any records presented at an exempt meeting shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or replies. In addition to all other contract requirements as provided by law, the contractor executing this agreement agrees to comply with public records law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, Rosemarie Call, phone: 727-562-4092 or Rosemarie.Call@myclearwater.com, 600 Cleveland Street, Suite 600, Clearwater, FL 33755. The contractor’s agreement to comply with public records law applies specifically to: a) Keep and maintain public records required by the City of Clearwater (hereinafter “public agency”) to perform the service being provided by the contractor hereunder. b) Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided for in Chapter 119, Florida Statutes, as may be amended from time to time, or as otherwise provided by law. c) Ensure that the public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the STANDARD TERMS AND CONDITIONS Reverse Osmosis Membranes 10 ITB #14-22 contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. e) A request to inspect or copy public records relating to a public agency’s contract for services must be made directly to the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the contractor of the request and the contractor must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time. f) The contractor hereby acknowledges and agrees that if the contractor does not comply with the public agency’s request for records, the public agency shall enforce the contract provisions in accordance with the contract. g) A contractor who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. h) If a civil action is filed against a contractor to compel production of public records relating to a public agency’s contract for services, the court shall assess and award against the contractor the reasonable costs of enforcement, including reasonable attorney fees, if: 1. The court determines that the contractor unlawfully refused to comply with the public records request within a reasonable time; and 2. At least eight (8) business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the contractor has not complied with the request, to the public agency and to the contractor. i) A notice complies with subparagraph (h)2. if it is sent to the public agency’s custodian of public records and to the contractor at the contractor’s address listed on its contract with the public agency or to the contractor’s registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. A contractor who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. S.14 AUDITS AND RECORDS. Contractor must preserve the records related to this Agreement for five (5) years after completion of the Agreement. The City or its authorized agent reserves the right to inspect any records related to the performance of work specified herein. In addition, the City may inspect any and all payroll, billing or other relevant records kept by Contractor in relation to the Agreement. Contractor will permit such inspections and audits during normal business hours and upon reasonable notice by the City. The audit of records may occur at Contractor’s place of business or at City offices, as determined by the City. S.15 BACKGROUND CHECK. The City may conduct criminal, driver history, and all other requested background checks of Contractor personnel who would perform services under the Agreement or who will have access to the City’s information, data, or facilities in accordance with the City’s current background check policies. Any officer, employee, or agent that fails the background check must be replaced immediately for any reasonable cause not prohibited by law. S.16 SECURITY CLEARANCE AND REMOVAL OF CONTRACTOR PERSONNEL. The City will have final authority, based on security reasons: (i) to determine when security clearance of Contractor personnel is required; (ii) to determine the nature of the security clearance, up to and STANDARD TERMS AND CONDITIONS Reverse Osmosis Membranes 11 ITB #14-22 including fingerprinting Contractor personnel; and (iii) to determine whether or not any individual or entity may provide services under this Agreement. If the City objects to any Contractor personnel for any reasonable cause not prohibited by law, then Contractor will, upon notice from the City, remove any such individual from performance of services under this Agreement. S.17 DEFAULT. a. A party will be in default if that party: (i) is or becomes insolvent or is a party to any voluntary bankruptcy or receivership proceeding, makes an assignment for a creditor, or there is any similar action that affects Contractor’s capability to perform under the Agreement; (ii) is the subject of a petition for involuntary bankruptcy not removed within sixty (60) calendar days; (iii) conducts business in an unethical manner or in an illegal manner; or (iv) fails to carry out any term, promise, or condition of the Agreement. b. Contractor will be in default of this Agreement if Contractor is debarred from participating in City procurements and solicitations in accordance with the City’s Purchasing Policy and Procedures Manual. c. Notice and Opportunity to Cure. In the event a party is in default then the other party may, at its option and at any time, provide written notice to the defaulting party of the default. The defaulting party will have thirty (30) days from receipt of the notice to cure the default; the thirty (30) day cure period may be extended by mutual agreement of the parties, but no cure period may exceed ninety (90) days. A default notice will be deemed to be sufficient if it is reasonably calculated to provide notice of the nature and extent of such default. Failure of the non- defaulting party to provide notice of the default does not waive any rights under the Agreement. d. Anticipatory Repudiation. Whenever the City in good faith has reason to question Contractor’s intent or ability to perform, the City may demand that Contractor give a written assurance of its intent and ability to perform. In the event that the demand is made and no written assurance is given within five (5) calendar days, the City may treat this failure as an anticipatory repudiation of the Agreement. S.18 REMEDIES. The remedies set forth in this Agreement are not exclusive. Election of one remedy will not preclude the use of other remedies. In the event of default: a. The non-defaulting party may terminate the Agreement, and the termination will be effective immediately or at such other date as specified by the terminating party. b. The City may purchase the services required under the Agreement from the open market, complete required work itself, or have it completed at the expense of Contractor. If the cost of obtaining substitute services exceeds the contract price, the City may recover the excess cost by: (i) requiring immediate reimbursement to the City; (ii) deduction from an unpaid balance due to Contractor; (iii) collection against the proposal and/or performance security, if any; (iv) collection against liquidated damages (if applicable); or (v) a combination of the aforementioned remedies or other remedies as provided by law. Costs includes any and all, fees, and expenses incurred in obtaining substitute services and expended in obtaining reimbursement, including, but not limited to, administrative expenses, attorneys’ fees, and costs. c. The non-defaulting party will have all other rights granted under this Agreement and all rights at law or in equity that may be available to it. d. Neither party will be liable for incidental, special, or consequential damages. S.19 CONTINUATION DURING DISPUTES. Contractor agrees that during any dispute between the parties, Contractor will continue to perform its obligations until the dispute is settled, instructed to cease performance by the City, enjoined or prohibited by judicial action, or otherwise required or obligated to cease performance by other provisions in this Agreement. S.20 TERMINATION FOR CONVENIENCE. The City reserves the right to terminate this Agreement in part or in whole upon thirty (30) calendar days’ written notice. STANDARD TERMS AND CONDITIONS Reverse Osmosis Membranes 12 ITB #14-22 S.21 TERMINATION FOR CONFLICT OF INTEREST Florida Statutes Section 112. Pursuant to F.S. Section 112, the City may cancel this Agreement after its execution, without penalty or further obligation, if any person significantly involved in initiating, securing, drafting, or creating the Agreement for the City becomes an employee or agent of Contractor. S.22 TERMINATION FOR NON-APPROPRIATION AND MODIFICATION FOR BUDGETARY CONSTRAINT. The City is a governmental agency which relies upon the appropriation of funds by its governing body to satisfy its obligations. If the City reasonably determines that it does not have funds to meet its obligations under this Agreement, the City will have the right to terminate the Agreement without penalty on the last day of the fiscal period for which funds were legally available. In the event of such termination, the City agrees to provide written notice of its intent to terminate thirty (30) calendar days prior to the stated termination date. S.23 PAYMENT TO CONTRACTOR UPON TERMINATION. Upon termination of this Agreement, Contractor will be entitled only to payment for those services performed up to the date of termination, and any authorized expenses already incurred up to such date of termination. The City will make final payment within thirty (30) calendar days after the City has both completed its appraisal of the materials and services provided and received Contractor’s properly prepared final invoice. S.24 NON-WAIVER OF RIGHTS. There will be no waiver of any provision of this agreement unless approved in writing and signed by the waiving party. Failure or delay to exercise any rights or remedies provided herein or by law or in equity, or the acceptance of, or payment for, any services hereunder, will not release the other party of any of the warranties or other obligations of the Agreement and will not be deemed a waiver of any such rights or remedies. S.25 INDEMNIFICATION/LIABILITY. a. To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold the City, its officers, agents, and employees, harmless from and against any and all liabilities, demands, claims, suits, losses, damages, causes of action, fines or judgments, including costs, attorneys’, witnesses’, and expert witnesses’ fees, and expenses incident thereto, relating to, arising out of, or resulting from: (i) the services provided by Contractor personnel under this Agreement; (ii) any negligent acts, errors, mistakes or omissions by Contractor or Contractor personnel; and (iii) Contractor or Contractor personnel’s failure to comply with or fulfill the obligations established by this Agreement. b. Contractor will update the City during the course of the litigation to timely notify the City of any issues that may involve the independent negligence of the City that is not covered by this indemnification. c. The City assumes no liability for actions of Contractor and will not indemnify or hold Contractor or any third party harmless for claims based on this Agreement or use of Contractor-provided supplies or services. S.26 WARRANTY. Contractor warrants that the services and materials will conform to the requirements of the Agreement. Additionally, Contractor warrants that all services will be performed in a good, workman-like and professional manner. The City’s acceptance of service or materials provided by Contractor will not relieve Contractor from its obligations under this warranty. If any materials or services are of a substandard or unsatisfactory manner as determined by the City, Contractor, at no additional charge to the City, will provide materials or redo such services until in accordance with this Agreement and to the City’s reasonable satisfaction. Unless otherwise agreed, Contractor warrants that materials will be new, unused, of most current manufacture and not discontinued, will be free of defects in materials and workmanship, will be provided in accordance with manufacturer's standard warranty for at least one (1) year unless otherwise specified, and will perform in accordance with manufacturer's published specifications. S.27 THE CITY’S RIGHT TO RECOVER AGAINST THIRD PARTIES. Contractor will do nothing to prejudice the City’s right to recover against third parties for any loss, destruction, or damage to City property, and will at the City’s request and expense, furnish to the City reasonable assistance and STANDARD TERMS AND CONDITIONS Reverse Osmosis Membranes 13 ITB #14-22 cooperation, including assistance in the prosecution or defense of suit and the execution of instruments of assignment in favor of the City in obtaining recovery. S.28 NO GUARANTEE OF WORK. Contractor acknowledges and agrees that it is not entitled to deliver any specific amount of materials or services or any materials or services at all under this Agreement and acknowledges and agrees that the materials or services will be requested by the City on an as needed basis at the sole discretion of the City. Any document referencing quantities or performance frequencies represent the City's best estimate of current requirements, but will not bind the City to purchase, accept, or pay for materials or services which exceed its actual needs. S.29 OWNERSHIP. All deliverables, services, and information provided by Contractor or the City pursuant to this Agreement (whether electronically or manually generated) including without limitation, reports, test plans, and survey results, graphics, and technical tables, originally prepared in the performance of this Agreement, are the property of the City and will not be used or released by Contractor or any other person except with prior written permission by the City. S.30 USE OF NAME. Contractor will not use the name of the City of Clearwater in any advertising or publicity without obtaining the prior written consent of the City. S.31 PROHIBITED ACTS. Pursuant to Florida Constitution Article II Section 8, a current or former public officer or employee within the last two (2) years shall not represent another organization before the City on any matter for which the officer or employee was directly concerned and personally participated in during their service or employment or over which they had a substantial or material administrative discretion. S.32 FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB destination freight prepaid and allowed unless otherwise agreed. S.33 RISK OF LOSS. Contractor agrees to bear all risks of loss, injury, or destruction of goods or equipment incidental to providing these services and such loss, injury, or destruction will not release Contractor from any obligation hereunder. S.34 SAFEGUARDING CITY PROPERTY. Contractor will be responsible for any damage to City real property or damage or loss of City personal property when such property is the responsibility of or in the custody of Contractor or its employees. S.35 WARRANTY OF RIGHTS. Contractor warrants it has title to, or the right to allow the City to use, the materials and services being provided and that the City may use same without suit, trouble or hindrance from Contractor or third parties. S.36 PROPRIETARY RIGHTS INDEMNIFICATION. Without limiting the foregoing, Contractor will without limitation, at its expense defend the City against all claims asserted by any person that anything provided by Contractor infringes a patent, copyright, trade secret or other intellectual property right and must, without limitation, pay the costs, damages and attorneys' fees awarded against the City in any such action, or pay any settlement of such action or claim. Each party agrees to notify the other promptly of any matters to which this provision may apply and to cooperate with each other in connection with such defense or settlement. If a preliminary or final judgment is obtained against the City’s use or operation of the items provided by Contractor hereunder or any part thereof by reason of any alleged infringement, Contractor will, at its expense and without limitation, either: (a) modify the item so that it becomes non-infringing; (b) procure for the City the right to continue to use the item; (c) substitute for the infringing item other item(s) having at least equivalent capability; or (d) refund to the City an amount equal to the price paid, less reasonable usage, from the time of installation acceptance through cessation of use, which amount will be calculated on a useful life not less than five (5) years, plus any additional costs the City may incur to acquire substitute supplies or services. S.37 CONTRACT ADMINISTRATION. The contract will be administered by the Procurement Administrator and/or an authorized representative from the using department. All questions regarding the contract will be referred to the administrator for resolution. Supplements may be written to the contract for the addition or deletion of services. Payment will be negotiated and determined by the contract administrator(s). STANDARD TERMS AND CONDITIONS Reverse Osmosis Membranes 14 ITB #14-22 S.38 FORCE MAJEURE. Failure by either party to perform its duties and obligations will be excused by unforeseeable circumstances beyond its reasonable control, including acts of nature, acts of the public enemy, riots, fire, explosion, legislation, and governmental regulation. The party whose performance is so affected will within five (5) calendar days of the unforeseeable circumstance notify the other party of all pertinent facts and identify the force majeure event. The party whose performance is so affected must also take all reasonable steps, promptly and diligently, to prevent such causes if it is feasible to do so, or to minimize or eliminate the effect thereof. The delivery or performance date will be extended for a period equal to the time lost by reason of delay, plus such additional time as may be reasonably necessary to overcome the effect of the delay, provided however, under no circumstances will delays caused by a force majeure extend beyond one hundred-twenty (120) calendar days from the scheduled delivery or completion date of a task unless agreed upon by the parties. S.39 COOPERATIVE USE OF CONTRACT. The City has entered into various cooperative purchasing agreements with other Florida government agencies, including the Tampa Bay Area Purchasing Cooperative. Under a Cooperative Purchasing Agreement, any contract may be extended for use by other municipalities, school districts and government agencies in the State of Florida with the approval of Contractor. Any such usage by other entities must be in accordance with the statutes, codes, ordinances, charter and/or procurement rules and regulations of the respective government agency. Orders placed by other agencies and payment thereof will be the sole responsibility of that agency. The City is not responsible for any disputes arising out of transactions made by others. S.40 FUEL CHARGES AND PRICE INCREASES. No fuel surcharges will be accepted. No price increases will be accepted without proper request by Contractor and response by the City’s Procurement Division. S.41 NOTICES. All notices to be given pursuant to this Agreement must be delivered to the parties at their respective addresses. Notices may be (i) personally delivered; (ii) sent via certified or registered mail, postage prepaid; (iii) sent via overnight courier; or (iv) sent via facsimile. If provided by personal delivery, receipt will be deemed effective upon delivery. If sent via certified or registered mail, receipt will be deemed effective three (3) calendar days after being deposited in the United States mail. If sent via overnight courier or facsimile, receipt will be deemed effective two (2) calendar days after the sending thereof. S.42 GOVERNING LAW, VENUE. This Agreement is governed by the laws of the State of Florida. The exclusive venue selected for any proceeding or suit in law or equity arising from or incident to this Agreement will be Pinellas County, Florida. S.43 INTEGRATION CLAUSE. This Agreement, including all attachments and exhibits hereto, supersede all prior oral or written agreements, if any, between the parties and constitutes the entire agreement between the parties with respect to the work to be performed. S.44 PROVISIONS REQUIRED BY LAW. Any provision required by law to be in this Agreement is a part of this Agreement as if fully stated in it. S.45 SEVERABILITY. If any provision of this Agreement is declared void or unenforceable, such provision will be severed from this Agreement, which will otherwise remain in full force and effect. The parties will negotiate diligently in good faith for such amendment(s) of this Agreement as may be necessary to achieve the original intent of this Agreement, notwithstanding such invalidity or unenforceability. S.46 SURVIVING PROVISIONS. Notwithstanding any completion, termination, or other expiration of this Agreement, all provisions which, by the terms of reasonable interpretation thereof, set forth rights and obligations that extend beyond completion, termination, or other expiration of this Agreement, will survive and remain in full force and effect. Except as specifically provided in this Agreement, completion, termination, or other expiration of this Agreement will not release any party from any liability or obligation arising prior to the date of termination. DETAILED SPECIFICATIONS Reverse Osmosis Membranes 15 ITB #14-22 1. INTRODUCTION. The City of Clearwater (City) is a coastal community on the West Coast of Florida and the third largest city in the Tampa Bay region with an estimated 117,800 residents. Clearwater Beach is an international tourist destination that brings millions of tourists to Pinellas County annually and was selected as the “Number One Beach in America” in the 2018 and 2019 TripAdvisor Travelers’ Choice Awards and regularly ranks as a top vacation destination in both domestic and international publications. An ideal year-round destination for travelers of all ages and interests, Clearwater boasts miles of pristine “sugar sand” beaches, provides a wide variety of casual and fine dining options, and is home to Philadelphia Phillies Spring Training and Clearwater Threshers Minor League Baseball. Clearwater Marine Aquarium remains a consistent draw for visitors and is nationally recognized for its groundbreaking work in marine rescue, rehabilitation, and release. The City of Clearwater is committed to ensuring that we have a sustainable city through green measures focusing on our economy, environment, and community. 2. SCOPE OF WORK. The City of Clearwater is soliciting bids to supply reverse osmosis membrane elements for use in the City’s drinking water treatment plants. These membrane elements will be purchased and installed by the Public Utilities Department on an as-needed basis. 3. SPECIFICATIONS. a. Technical Terms and Conditions: i. All membrane elements must be manufactured and Whole Effluent Toxicity (WET) tested by the manufacturer no more than one (1) year from the date of order. ii. The Vendor shall provide electronic copies of the WET test results to designated Public Utilities representative(s) prior to shipment. iii. Membranes must be new, individually packed, factory sealed elements with brine seal, interconnector, and O-rings from Original Equipment Manufacturer (OEM). b. Products: Only the following membrane elements will be accepted. No substitutions or equivalents will be permitted. i. Hydranautics ESPA 4 Max 8” ii. Hydranautics ESPA 2 Max 8” iii. Toray TMG20D-440 8” iv. Toray TM720D-440 8” c. If a membrane model becomes obsolete and is no longer manufactured, the membrane manufacturer’s representative shall notify the Public Utilities designated representative(s) and provide information on compatible elements for the City’s review and approval. 4. DELIVERY. a. Toray membranes shall be delivered with a unidirectional brine seal. b. Individual membranes shall be stacked on a pallet and secured with straps or plastic wrap. c. Delivery shall be made within 16 weeks of order. d. Deliveries shall be made to 21133 U.S. Hwy 19 N. Clearwater, FL 33765 or 1657 Palmetto St Clearwater, FL 33765, this will be specified at time of order placement. e. Minimum order quantity shall be one (1) membrane element however, typical order quantities will be for enough elements to replace an entire stage: 165 to 215 for a first stage replacement. 50 to 110 for a second stage replacement. The City estimates that we will replace a single stage every 1-2 years at each plant. totaling 90 to 250 elements of varying models annually. DETAILED SPECIFICATIONS Reverse Osmosis Membranes 16 ITB #14-22 5. INSURANCE REQUIREMENTS. The Vendor shall, at its own cost and expense, acquire and maintain (and cause any subcontractors, representatives or agents to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A-VII or better. In addition, the City has the right to review the Contractor’s deductible or self-insured retention and to require that it be reduced or eliminated. Specifically the Vendor must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement: a. Commercial General Liability Insurance coverage, including but not limited to, premises operations, products/completed operations, products liability, contractual liability, advertising injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. b. Commercial Automobile Liability Insurance coverage for any owned, non-owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars) combined single limit. c. Unless waived by the State of Florida and proof of waiver is provided to the City, statutory Workers’ Compensation Insurance coverage in accordance with the laws of the State of Florida, and Employer’s Liability Insurance in the minimum amount of $500,000 (five hundred thousand dollars) each employee each accident, $500,000 (five hundred thousand dollars) each employee by disease, and $500,000 (five hundred thousand dollars) disease policy limit. Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be applicable to employees, contractors, subcontractors, and volunteers, if any. The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies. Other Insurance Provisions. a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the insurance policy’s renewal date(s) for as long as this Agreement remains in effect, the Vendor will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the coverage set forth above and naming the City as an “Additional Insured” on the Commercial General Liability Insurance and Auto Liability policies. In addition when requested in writing from the City, Vendor will provide the City with certified copies of all applicable policies. The address where such certificates and certified policies shall be sent or delivered is as follows: City of Clearwater Attn: Procurement Division, ITB #14-22 P.O. Box 4748 Clearwater, FL 33758-4748 b. Vendor shall provide thirty (30) days written notice of any cancellation, non-renewal, termination, material change or reduction in coverage. c. Vendor’s insurance as outlined above shall be primary and non-contributory coverage for DETAILED SPECIFICATIONS Reverse Osmosis Membranes 17 ITB #14-22 Vendor’s negligence. d. Vendor reserves the right to appoint legal counsel to provide for the Vendor’s defense, for any and all claims that may arise related to Agreement, work performed under this Agreement, or to Vendor’s design, equipment, or service. Vendor agrees that the City shall not be liable to reimburse Vendor for any legal fees or costs as a result of Vendor providing its defense as contemplated herein. The stipulated limits of coverage above shall not be construed as a limitation of any potential liability to the City, and City’s failure to request evidence of this insurance shall not be construed as a waiver of Vendor’s (or any contractors’, subcontractors’, representatives’ or agents’) obligation to provide the insurance coverage specified. MILESTONES Reverse Osmosis Membranes 18 ITB #14-22 1. BEGINNING AND END DATE OF INITIAL TERM. May 2022 – May 2023 If the commencement of performance is delayed because the City does not execute the contract on the start date, the City may adjust the start date, end date and milestones to reflect the delayed execution. 2. EXTENSION. The City reserves the right to extend the term of this contract, provided however, that the City shall give written notice of its intentions to extend this contract no later than thirty (30) days prior to the expiration date of the contract. 3. RENEWAL. At the end of the initial term of this contract, the City may initiate renewal(s) as provided. The decision to renew a contract rests solely with the City. The City will give written notice of its intention to renew the contract no later than thirty (30) days prior to the expiration. Two (2), one (1) year renewals possible at the City’s option. 4. PRICES. All pricing shall be firm for the initial term of one (1) year; except where otherwise provided by the specifications, and include all transportation, insurance and warranty costs. The City shall not be invoiced at prices higher than those stated in any contract resulting from this bid. The Contractor certifies that the prices offered are no higher than the lowest price the Contractor charges other buyers for similar quantities under similar conditions. The Contractor further agrees that any reductions in the price of the goods or services covered by this bid and occurring after award will apply to the undelivered balance. The Contractor shall promptly notify the City of such price reductions. During the sixty (60) day period prior to each annual anniversary of the contract effective date, the Contractor may submit a written request that the City increase the prices for an amount for no more than the twelve month change in the Producer Price Index for PPI 07-2 for Plastic Products, Not Seasonally Adjusted as published by the U.S. Department of Labor, Bureau of Labor Statistics (http://www.bls.gov/ppi/home.htm). The City shall review the request for adjustment and respond in writing; such response and approval shall not be unreasonably withheld. At the end of the initial term, pricing may be adjusted for amounts other than inflation based on mutual agreement of the parties after review of appropriate documentation. Renewal prices shall be firm for at least one year, and may be adjusted thereafter as outlined in the previous paragraph. No fuel surcharges will be accepted. BID SUBMISSION Reverse Osmosis Membranes 19 ITB #14-22 1. BID SUBMISSION. It is recommended that bids be submitted electronically through our bids website at https://www.myclearwater.com/business/rfp. For bids mailed and/or hand-delivered, bidder must submit one (1) signed original bid and one (1) electronic format on a CD or Thumb Drive, in a sealed container using label provided at the end of this solicitation. 2. BIDDER RESPONSE CHECKLIST. This checklist is provided for your convenience. It is not necessary to return a copy of this solicitation’s Instructions, Terms and Conditions, or Detailed Specifications with your bid response. Only submit the requested forms and any other requested or descriptive literature. Original and proper number of copies with electronic format (if requested) Bid container properly labeled Bid pricing form Exceptions/Additional Materials/Addenda form Vendor Information form Scrutinized Companies form(s) as required E-Verify Eligibility form as required Offer Certification form W-9 Form to be provided by Bidder (http://www.irs.gov/pub/irs-pdf/fw9.pdf) BID PRICING Reverse Osmosis Membranes 20 ITB #14-22 Pursuant to the contract specifications enumerated and described in this solicitation, we agree to furnish Reverse Osmosis Membranes to the City of Clearwater at the price(s) stated below. Description Estimated Quantity Cost per Element Delivered Hydranautics ESPA 4 Max 8” 165-215 $ Hydranautics ESPA 2 Max 8” 50-110 $ Toray TMG20D-440 8” 165-215 $ Toray TM720D-440 8” 50-110 $ Note: The Estimated Quantities will be purchased on an as-needed basis. The quantities listed should be used for bid tabulation purposes only. The City is not obligated to purchase these amounts at any time during the term of this contract. DELIVERY REQUIREMENTS FOB: Destination, Freight Prepaid and Allowed Freight Costs: Unit prices should include all freight and transportation charges PAYMENT TERMS: City of Clearwater’s standard payment terms are NET30 Vendor: _________________________________________ Date: _______________________________ EXCEPTIONS/ADDITIONAL MATERIALS/ADDENDA Reverse Osmosis Membranes 21 ITB #14-22 Bidders shall indicate any and all exceptions taken to the provisions or specifications in this solicitation document. Exceptions that surface elsewhere and that do not also appear under this section shall be considered invalid and void and of no contractual significance. Exceptions (mark one): Note – Any material exceptions taken to the City’s Standard Terms and Conditions will render a Bid Non-responsive. No exceptions Exceptions taken (describe--attach additional pages if needed) Additional Materials submitted (mark one): No additional materials have been included with this bid Additional Materials attached (describe--attach additional pages if needed) Addenda Bidders are responsible for verifying receipt of any addenda issued by checking the City’s website at http://www.myclearwater.com/business/bid-information/ prior to the bid opening. Failure to acknowledge any addenda issued may result in a response being deemed non-responsive. Acknowledgement of Receipt of Addenda (initial for each addenda received, if applicable): Addenda Number Initial to acknowledge receipt Vendor Name ____ Date: ____ VENDOR INFORMATION Reverse Osmosis Membranes 22 ITB #14-22 Company Legal/Corporate Name: Doing Business As (if different than above): Address: City: State: Zip: - Phone: Fax: E-Mail Address: Website: DUNS # Remit to Address (if different than above): Order from Address (if different from above): Address: Address: City: State: Zip: City: State: Zip: Contact for Questions about this bid: Name: Fax: Phone: E-Mail Address: Day-to-Day Project Contact (if awarded): Name: Fax: Phone: E-Mail Address: Certified Small Business Certifying Agency: Certified Minority, Woman or Disadvantaged Business Enterprise Certifying Agency: Provide supporting documentation for your certification, if applicable. SCRUTINIZED COMPANIES FORM Reverse Osmosis Membranes 23 ITB #14-22 SCRUTINIZED COMPANIES THAT BOYCOTT ISRAEL LIST CERTIFICATION FORM THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel; and 2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation and is not listed on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel; and 3. “Boycott Israel” or “boycott of Israel” means refusing to deal, terminating business activities, or taking other actions to limit commercial relations with Israel, or persons or entities doing business in Israel or in Israeli-controlled territories, in a discriminatory manner. A statement by a company that it is participating in a boycott of Israel, or that it has initiated a boycott in response to a request for a boycott of Israel or in compliance with, or in furtherance of, calls for a boycott of Israel, may be considered as evidence that a company is participating in a boycott of Israel; and 4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals are placed on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel. __________________________________________ Authorized Signature __________________________________________ Printed Name __________________________________________ Title __________________________________________ Name of Entity/Corporation STATE OF _____________________ COUNTY OF ___________________ The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization on, this _____ day of _________________, 20____, by ______________________________ (name of person whose signature is being notarized) as the ________________________ (title) of ______________________________________(name of corporation/entity), personally known ______, or produced _________________________ (type of identification) as identification, and who did/did not take an oath. ______________________________________ Notary Public ____________________________________ Printed Name My Commission Expires: __________________ NOTARY SEAL ABOVE SCRUTINIZED COMPANIES FORM Reverse Osmosis Membranes 24 ITB #14-22 SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA CERTIFICATION FORM IF YOUR BID/PROPOSAL IS $1,000,000 OR MORE, THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaging in business operations in Cuba and Syria; and 2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation and is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Sector List, or engaged in business operations in Cuba and Syria; and 3. Business Operations means, for purposes specifically related to Cuba or Syria, engaging in commerce in any form in Cuba or Syria, including, but not limited to, acquiring, developing, maintaining, owning, selling, possessing, leasing or operating equipment, facilities, personnel, products, services, personal property, real property, military equipment, or any other apparatus of business or commerce; and 4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals are placed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Sector List, or engaged in business operations in Cuba and Syria. __________________________________________ Authorized Signature __________________________________________ Printed Name __________________________________________ Title __________________________________________ Name of Entity/Corporation STATE OF _____________________ COUNTY OF ___________________ The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization on, this _____ day of _________________, 20____, by _______________________________ (name of person whose signature is being notarized) as the ________________________ (title) of ______________________________________(name of corporation/entity), personally known ______, or produced _________________________ (type of identification) as identification, and who did/did not take an oath. ______________________________________ _ Notary Public ____________________________________ Printed Name My Commission Expires: __________________ NOTARY SEAL ABOVE E-VERIFY ELIGIBILITY FORM Reverse Osmosis Membranes 25 ITB #14-22 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 OFFER CERTIFICATION By signing and submitting this Bid, the Vendor certifies that: a) It is under no legal prohibition on contracting with the City of Clearwater. b) It has read, understands, and is in compliance with the specifications, terms and conditions stated herein, as well as its attachments, and any referenced documents. c) It has no known, undisclosed conflicts of interest. d) The prices offered were independently developed without consultation or collusion with any of the other respondents or potential respondents or any other anti-competitive practices. e) No offer of gifts, payments or other consideration were made to any City employee, officer, elected official, or consultant who has or may have had a role in the procurement process for the services and or goods/materials covered by this contract. f) It understands the City of Clearwater may copy all parts of this response, including without limitation any documents and/or materials copyrighted by the respondent, for internal use in evaluating respondent’s offer, or in response to a public records request under Florida’s public records law (F.S. 119) or other applicable law, subpoena, or other judicial process; provided that Clearwater agrees not to change or delete any copyright or proprietary notices. g) Respondent hereby warrants to the City that the respondent and each of its subcontractors (“Subcontractors”) will comply with, and are contractually obligated to comply with, all Federal Immigration laws and regulations that relate to their employees. h) Respondent certifies that they are not in violation of section 6(j) of the Federal Export Administration Act and not debarred by any Federal or public agency. i) It will provide the materials or services specified in compliance with all Federal, State, and Local Statutes and Rules if awarded by the City. j) It is current in all obligations due to the City. k) It will accept such terms and conditions in a resulting contract if awarded by the City. l) The signatory is an officer or duly authorized agent of the respondent with full power and authority to submit binding offers for the goods or services as specified herein. ACCEPTED AND AGREED TO: Company Name: Signature: Printed Name: Title: Date: MAILING LABEL CUT ALONG THE LINE AND AFFIX TO THE FRONT OF YOUR BID CONTAINER Reverse Osmosis Membranes 27 ITB #14-22 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ SEALED BID Submitted by: Company Name: Address: City, State, Zip: ITB #14-22, Reverse Osmosis Membranes Due Date: April 13, 2022 at 10:00 A.M. City of Clearwater Attn: Procurement PO Box 4748 Clearwater FL 33758-4748 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ SEALED BID Submitted by: Company Name: Address: City, State, Zip: ITB #14-22, Reverse Osmosis Membranes Due Date: April 13, 2022 at 10:00 A.M. ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ City of Clearwater Attn: Procurement 100 S Myrtle Ave 3rd Fl Clearwater FL 33756-5520 CITY OF CLEARWATER ITB # 14-22, Reverse Osmosis Membranes DUE DATE: April 13, 2022; 10:00 AM BID TABULATION SUMMARY ITEM DESCRIPTION Accurate Gas Control Systems Inc H2O Innovation USA, Inc Harrington Industrial Plastics LLC Hydranautics MPW Industrial Services Group, Inc. Toray Membrane USA, Inc. 1 Hydranautics ESPA 4 Max 8"577.00$ 525.00$ 564.71$ 490.00$ 631.25$ no bid 2 Hydranautics ESPA 2 Max 8"550.00$ 503.00$ 552.94$ 465.00$ 606.25$ no bid 3 Toray TMG20D-440 8"506.00$ 503.00$ 537.04$ no bid 637.50$ 479.00$ 4 Toray TM720D-440 8"506.00$ 503.00$ 537.04$ no bid 637.50$ 479.00$ NOTE: Items with a star ( ) indicates intent to award. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0473 Agenda Date: 5/19/2022 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Public Utilities Agenda Number: 7.8 SUBJECT/RECOMMENDATION: Approve a contract to Tencarva Machinery CO LLC, dba Hudson Pump and Equipment Associates, Inc of Greensboro, NC for additional SmartCover Systems associated with Wastewater system manhole sewage level monitoring equipment in a not-to-exceed amount of $400,000.00 for the term of May 20, 2022 through November 30, 2023, pursuant to Clearwater Code of Ordinances Section 2.563(1)(d), Non-competitive purchases (Impractical), and authorize the appropriate officials to execute same. (consent) SUMMARY: On May 7, 2020, City Council approved an In-Kind Project with the Florida Department of Environmental Protection (FDEP) to satisfy a Settlement Agreement, Executed Consent Order OGC File 20-0100 for amount of $80,388.96. On September 16, 2021, City Council approved an In-Kind Project with FDEP to satisfy a Settlement Agreement, Executed Consent Order OGC File 21-0522 in the amount of $49,912.00. This request is for an additional amount of $400,000.00 which is to undertake the expansion of and continued upgrade to the current wastewater collection system manholes on an as-needed basis to satisfy Settlement Agreements with the Florida Department of Environmental Protection (FDEP). Approval of this contract will assist Public Utilities in preventing, and/or reducing the severity of overflows and customer backups in the monitored portions of our wastewater collection system rather than only clean-up after the fact. On December 1, 2020, Procurement issued Intent to Sole Source (ISS) #06-21, Manhole Level Monitoring System. Hudson Pump & Equipment, Inc., a Tencarva Company, is the sole municipal distributor for SmartCover Systems in the State of Florida. This standardized product provides better integration and efficiency with the City’s system than other similar products, which results in cost savings. The purchase of new manhole level monitoring systems are complete with associated telemetry equipment plus data communications service which will be utilized to monitor wastewater collection system manhole sewage level heights and issue an alert that sanitary sewer overflow (SSO) issues may be developing prior to their actual occurrence. APPROPRIATION CODE AND AMOUNT: Funds are available in Capital Improvement Project 96665, Sanitary Sewer Repair and Replacement, to fund the professional services agreement and work order. 3217321-546900-96665 $80,388.96 (5/7/21 Council approved) 3217321-546900-96665 $49,912.00 (9/16/21 Council approved) 3217321-546900-96665 $400,000.00 (Additional Amount) Total $530,300.96 Page 1 City of Clearwater Printed on 5/17/2022 SMAR.TC OVER' )NE:'vr: car rr ca.virR"·p· Sole Source -Manufacturer c'ustorner Name Clearwater, FL Addre!5s 1650. North Arcturils Avenue City, State Zip Clearwater, FL 33765 Date 12/9/21 This lett¢r is to provide notification that Hadronex, 'Irie, (do.log .business as SmartC9ver® Systems"') herein known as "Company'' with corporate offices .located at 2_11.0 Enterprise S1;t-eet, Escondido; CA 92029, is the sole creator; mariufadurer and marketer ofa group of systems ·and pro~fucts, fncluding: the award winning StnartCover!r; SmartFLOF'"':. smartVau(tr..,.; SmartWeir™; SmariC(ean®; SrtiartTank; SmartTrend®) Srri.artR.i,inTM; smartTide'11; Undercover®; 5ub$onic:1J; H2Scents® and Streamwatc;:h®, · ·· · · Th¢ Smart(;o.ver®' family of products are bpth patented. and proprietary, designed and ma.npfactured by the C-9mpany to provide users with unique qualities and functions based .on acquiring w.ater level .and/or flow d1;1ta as wf:!11 as other data in the sewer co.llection system Or other sti'ucture·s with open channel flows, using uitrasonic; pressure or co.nib.ined technology combined with embedded analytics .and data f1,1siori. The SmartCov.er4P system., Which acquires and transmits data throµgh the Irldium\!I military grade satellite network, is immune to terr.estrial communications interruptions caused by stqrms or hurricahes,and provides 24/7 user access via a secure web browser-and t.hrough a. dedicated, secur!:! user website. · SinartCov.er® i.mique/y prqvid~s real-time, contimious monitoring cqpabHit;y powered by an. engineered · c!nd proprietary long-life Uthlum thlonyl chloride battery pack; It uniquely communicates with a.n ~mbeddeq digital radi_o through the Iridiun,l!I satellite system assuring global, redundant and continuous c.ov~rage. Users acquire trl:!nd data via the patented .and proprietary SmartTrend® analysis software tool which issues. predictive "Advisories" on developing trends, ''Alarms·" for surcharges and lntrusions and .m~intenance "Alerts." that monitor specific operational parameters $ystem. All notifications .provide information and resources eri'abling sewer Intelligence~ -effective, informed clecision-making for corrective or preemptive action. · · · · · Patent pending SmartRain1M; StreamWatcfJ® and $martTide'ili .data services are availabl.e where user$ are presented a "multigraph view" for· fast and easy .corriparlson of t~e SmartCover® (level,) .or .SmartFLQElN {flow) .data with Ideal environmental data. SmartCfean~ provides advanced maintenance forecasting to reduce cost and risk. . . . · · Mounted directly on the manhole cover, th.e patented smartCover® configuratron is. designed to be 1nstalieq y.,1th no confined 'space entry per OSHA CFR, 1~10.146(b). The manhole cover mounting also pr.o'.{ides a reaj-time intrusion i;!larm when the .manhole cover Is opened, providing a .uriiq1,.1e capability to detect intrusions or entries into the manhole or hatch. _company solely provides -ongoing professional services for mal')agement and security .of data, software maintenance ahd upgrades, the user website interface. and .ex.erciS:e of ttie Iddium Satellite communications system. These essential services directly enable users to have seamless, rcibust and ohgoing acces~_to real-time data from remote locations. · . . · Company J_s protecteo bythe following us Pa.tents: 7,589,6;30; 7,598,858; 7,944;352; 7,948,215~ 8,607;654; 9~297,684i 9,482,568; 10~6l2,i2B and 10,901,068. The systems ar.e also protected by .registered trademarks and iilt~.tnational patents. Company also has a Madrid Treaty filing for its main trademark; We hope this Information will satisfy your requirements and that it clearly demonstrates the speciai, patented, unique and proprietary features of our systems. . . Sincerely,. L7T tv(- .Corey Williams, P.E. President/CEO, SmartCover Sy$teiris cwil liams@sr'na rtboversystern s . .com 75Q09S() Rev O 03/.20.21. Stnort:Coy erSyst en1·s.corn Page 1 of l Quoted By: Cathy Jackson 3524 Craftsman Boulevard  Lakeland, FL  33803 Tel: (863) 665-7867  Fax: (863) 666-5649 Municipal Division Quote No: 03072022MMR-2 REV 2 Date: 05/02/22 Company: City of Clearwater No. Pages: 2 Location: Public Utilities Your No. Attn: Charmaine Parchment Delivery: Bestway Phone: 727-562-4960 x 7229 Terms: Net 30 Fax: Email: Charmaine.Parchment@MyClearwater.com F.O.B.: Destination From: Missy McLaughlin-Raney/Jim Murphy Conditions of Service: Two (2) Year SmartCover Option We are pleased to quote as follows: Qty. Description Price Each Extension 50 50 50 Smart Cover SC-Q-SB-15 SubSonic System Components * E-Box System Control with onboard computer modem, digital radio: fully potted and IP-68 rated * Distance Sensing Module (DSM) with 0” to 79” sensor range, with 15’ cable and dual sensor. * PowerPak – lithium thionyl chloride battery with high power density. * E-Square antenna, including antenna and installation kit. Mounting bracket kit – three-part amounting bracket set made of heavy gauge, hard-anodized aluminum; includes all mounting hardware. System Warranty – One (1) Yr, System Parts-Only Warranty * Limited Parts-Only Warranty on all Smart Cover System hardware. EW-SC1 – One (1) Yr, Extended System Parts-Only Warranty *Limited Parts-Only Warranty on all SmartCover System Hardware (OPTIONAL) $4,650.00 Included $615.00 $232,500.00 Included $30,750.00 Quoted By: Cathy Jackson 50 PowerPack Warranty – Two (2) Yr, PowerPack Warranty * Limited Parts-Only Warranty on the PowerPack Included Included 50 50 50 50 ASM-SC2 – Active Sight Management (ASM), Two (2) Year Comprehensive support services including: * Software subscription with unlimited number of users accessed with secure username and password * Complete maintenance of all cloud-based software * Regular feature updates and upgrades including SmartTrend. * Hosting of data storage – unlimited data storage * Iridium Satellite connectivity service with bi-directional communication. * Advisories, Maintenance Alerts and Alarms issued to customer defined personnel via email and/or text message. * Ongoing technical support via phone or online. ASM-RD-2Y – SmartRain ASM, Two (2) year Hudson Field Service – Smart Cover Installation ********************************************************************** ** Freight – For Smart Cover orders of quantity 10 or more *If purchased in quantities less than 10, freight will be $75 ea. $840.00 $220.00 $580.00 $45.00 ea $42,000.00 $11,000.00 $29,000.00 $2,250.00 Total Excluding Freight $6,905.00 $345,250.00 With the following notes: 1. Services will be performed by a local SmartCover factory-trained representative. Adequate spare parts inventory will be maintained locally (with local technicians) to minimize downtime of systems. Remote troubleshooting will be performed within 2 business days after Customer notification of a system service need. Any field repairs will be performed within 5 business days after diagnosis. Best Regards, Missy McLaughlin-Raney HUDSON PUMP & EQUIPMENT Phone: (863) 665-7867 Fax: (863) 666-5649 Quoted By: Cathy Jackson E-mail: mmraney@tencarva.com Visit us at www.hudsonpump.com REQUEST FOR QUOTE The City of Clearwater’s Public Utilities Department is soliciting a quote with the intent to renew the existing contract for one (1) year with one (1) year renewal options for the purchase of Smart Covers and other related services. This will allow for Smart Cover purchases on an as - needed basis. Please provide a detail itemized quote for the following: Item Quantity Unit of Measure Total 50 Smart Covers Model SC-Q- SB-15 E-Box System Control Dual Sensing Module with 15 FT cord 50 EA $ Field Service Installation 1 HR Online system costs 1 EA/HR Warranty service contract 1 EA Maintenance of the Covers 1 HR Allowance for any parts, labor, etc not covered by Maintenance and or Warranty 1 EA $50,000 Total Along with quote, please provide the City with an updated Sole Source letter, your terms and conditions if applicable, and an updated Certificate of Insurance (COI) naming the City as “Additional Insured” (see requirements below). No Guarantee of Work: The Contractor acknowledges and agrees that it is not entitled to deliver any specific amounts of materials and/or service at all under this quote and acknowledges and agrees that the materials and/or services will be requested by the City on an as needed basis at the sole discretion of the City. Insurance Requirements: The vendor must, at its own cost and expense, acquire and maintain (and cause any subcontractors, representatives or agents to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A-VII or better. In addition, the City has the right to review the Contractor’s deductible or self-insured retention and to require that it be reduced or eliminated. Specifically, the Vendor must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement: a. Commercial General Liability Insurance coverage, including but not limited to, premises operations, products/completed operations, products liability, contractual liability, advertising injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. b. Commercial Automobile Liability Insurance coverage for any owned, non-owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars) combined single limit. c. Unless waived by the State of Florida and proof of waiver is provided to the City, statutory Workers’ Compensation Insurance coverage in accordance with the laws of the State of Florida, and Employer’s Liability Insurance in the minimum amount of $500,000 (five hundred thousand dollars) each employee each accident, $500,000 (five hundred thousand dollars) each employee by disease, and $500,000 (five hundred thousand dollars) disease policy limit. Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be applicable to employees, contractors, subcontractors, and volunteers, if any. The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies. Other Insurance Provisions. a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the insurance policy’s renewal date(s) for as long as this Agreement remains in effect, the Vendor will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the coverage set forth above and naming the City as an “Additional Insured” on the Commercial General Liability Insurance and Auto Liability policies. In addition, when requesting in writing from the City, Vendor will provide the City with certified copies of all applicable policies. The address where such certificates and certified policies shall be sent or delivered is as follows: City of Clearwater Attn: Procurement Division P.O. Box 4748 Clearwater, FL 33758-4748 b. Vendor shall provide thirty (30) days written notice of any cancellation, non-renewal, termination, material change or reduction in coverage. c. Vendor’s insurance as outlined above shall be primary and non-contributory coverage for vendor’s negligence. d. Vendor reserves the right to appoint legal counsel to provide for the Vendor’s defense, for any and all claims that may arise related to Agreement, work performed under this Agreement, or the Vendor’s design, equipment, or service. Vendor agrees that the City shall not be liable to reimburse Vendor for any legal fees or costs as a result of Vendor providing its defense as contemplated herein. The stipulated limits of coverage above shall not be construed as a limitation of any potential liability to the City, and City’s failure to request evidence of this insurance shall not be construed as a waiver of Vendor’s (or any contractors’, subcontractors’, representatives’, or agents’) obligation to provide the insurance coverage specified. ADJUSTMENTS TO CONTRACT TERMS & CONDITIONS NECESSITATED BY MARKET VOLATILITY The City may, in its sole discretion, make an equitable adjustment in the contract terms and/or pricing if pricing or availability of supply are affected by extreme and unforeseen volatility in the marketplace, that is, by circumstances that satisfy all of the following criteria: 1. The volatility is due to causes wholly beyond the vendor’s control. 2. The volatility affects the marketplace or industry, not just the particular vendor’s source of supply. 3. The effect on pricing or availability of supply is substantial. Substantial is defined as greater than ten (10) %. The determination as to whether a situation represents “extreme” volatility of the marketplace and/or whether the effect on pricing or availability is “substantial” shall be solely at the discretion of the City. Increase requests for increase adjustments will not be considered more than once in a 30-day period. Any claim by the Manufacturer for payment of a cost increase, as provided above, shall require written notice delivered by the Manufacturer or their assigned representative to the Clearwater Public Utilities stating the increased cost, the building material or materials in question, and the source of supply, supported by invoices or bills of sale. NOTICE OF INTENT TO MAKE A SOLE SOURCE PURCHASE ISS 06-21; Manhole Level Monitoring Systems October 23, 2020 The City of Clearwater (City) intends to purchase a commodity or service for which we believe only one (1) known provider exists. This document contains the specifications and justification for the noncompetitive procurement. Any vendor who does not agree that this commodity or service is available only from the source described in this document must contact the procurement officer listed below by the response deadline. Purchase Description: The City of Clearwater Public Utilities Department intends to establish a term contract for the purchase of Manhole Level Monitoring Systems complete with associated telemetry equipment and data communications services to provide early warning of impending sanitary sewer overflows (SSO). The City intends to initiate a pilot program using these product(s) for an initial purchase of approximately 16 manhole level monitors, with related equipment and accessories, with the option to continue purchasing on an as-needed basis. The systems must provide real-time data from sites. Solutions shall be satellite based for uninterrupted operations in case there are local, regional, national disasters or extraordinary circumstances. The system must have the ability to communicate with the City’s SCADA, GIS, and CMM programs. Additionally, devices must be portable, self-contained, and affix to the underside of manhole covers and lift station hatches. Intended Source: Tencarva Machinery Company LLC. Dba Hudson Pump & Equipment Intended Product: SmartCOVER Term/Price: 3-year term contract. Estimated cost for initial purchase - $82,000 Justification for the noncompetitive procurement: The SmartCOVER system is a patented, proprietary system and the only solution found to meet all requirements of the City of Clearwater Public Utilities Department. Response Deadline: If you feel you are able to provide these commodities / services and would like an opportunity to submit a proposal for consideration, please submit your response by November 5, 2020 at 10:00AM EST as follows: • Log onto: https://app.smartsheet.com/b/form/6965ef2e80e84fa6b2426b2a0f226441 • Complete online form with “Your Information” • Use the drop-down arrow to select “Project You Are Bidding On” • Drag and drop your files into the “Upload Files Here” box • Once complete, hit “Submit” General, Process, or Technical Questions concerning this Intent to Sole Source should be directed, IN WRITING, to the Sr. Procurement Analyst, Valerie Craig at Valerie.Craig@myclearwater.com no later than October 30, 2020. December 1, 2020 NOTICE OF INTENT TO AWARD Procurement and Public Utilities recommend award of ISS No. 06-21, Manhole Level Monitoring System, to Tencarva Machinery Company LLC. dba Hudson Pump & Equipment, the sole source provider of SmartCOVER Manhole Level Monitoring Systems, for a three (3) year term. Inquiries regarding this Intent to Award can be directed to the City’s Sr. Procurement Analyst, Valerie Craig at Valerie.Craig@myclearwater.com or mailed to City of Clearwater, Attn: Procurement, PO Box 4748, Clearwater, FL 33758-4748. Posted on this date by: Valerie Craig Valerie Craig Sr. Procurement Analyst Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0453 Agenda Date: 5/19/2022 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Solid Waste/General Services Agenda Number: 7.9 SUBJECT/RECOMMENDATION: Authorize a one-year extension to the current purchase order with Jet Age Fuel, Inc. of Clearwater, FL, for the purchase of unleaded and diesel fuel; increase the purchase order by $500,000.00 bringing the total amount to $3,200,000.00 for term October 1, 2022, through September 30, 2023, pursuant to Invitation to Bid (ITB) 37-19; and authorize the appropriate officials to execute same. (consent) SUMMARY: On September 5, 2019, Council authorized a purchase order with Jet Age Fuel, Inc in the annual amount of $2,700,000.00 for the purchase of unleaded and diesel fuel for one year with two, one-year renewal options per ITB 37-19, Fuel - Gasoline and Diesel. Per the milestones in the ITB, the term was intended to be for one year with three, one-year renewals options totaling a four-year contract. General Services is requesting authorization to extend the contract for an additional year. In addition, with the increase in the cost of fuel, General Services is also requesting an increase of $500K for the final term bringing the amount to $3.2M. This contract is for the purchase of unleaded and un-dyed diesel fuel for delivery to the City's fuel facility located at 1701 N. Hercules Avenue and for the purchase of dyed diesel for delivery to the City’s fixed and mobile generators at various locations within the city. The fuel purchased from this contract is utilized in the majority of city equipment, including police and fire. APPROPRIATION CODE AND AMOUNT: Future fiscal year budgets will include requests for funding: ·FY23 $3,200,000 Page 1 City of Clearwater Printed on 5/17/2022 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#19-6632 Agenda Date: 9/5/2019 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: Solid Waste/General Services Agenda Number: 9.19 Award a contract (blank purchase order) to Jet Age Fuel, Inc. of Clearwater, FL in the annual amount of $2,700,000 for the purchase of unleaded and diesel fuel, with two one-year renewal terms at the City's option and authorize the appropriate officials to execute same. SUMMARY: Invitation to Bid (ITB) No. 37-19 was issued in July 2019. Three responses were received. The ITB pricing structure was based on specific dates' rack rates, and the respective Fixed Fee Markup (+ or -) from the bidders. Fuel prices change daily based on the rack rate market index (OPIS), markups, and applicable taxes/fees. For general reference, on July 26, 2019, fuel prices were $2.13 for unleaded and $ 2.30 for diesel, per gallon. This contract is for the purchase of unleaded and un-dyed diesel fuel for delivery to the City's fuel facility located at 1701 N. Hercules Avenue and for the purchase of dyed diesel for delivery to the City’s fixed and mobile generators at various locations within the city. The fuel purchased from this contract is utilized in the majority of city equipment, including police and fire. Jet Age was the lowest bidder on ITB 37-19. Additionally, the ITB required a written commitment from the supplier of their ability to be responsive to Clearwater in emergency situations. Jet Age provided a written confirmation of their ability to supply fuel 24 hours a day, seven days a week, including during the hurricane season; and if their supply from the Port of Tampa is interrupted they have the ability to obtain fuel via truck from Jacksonville, Florida or Bainebridge, Georgia. Per the US Energy Information Administration, the average retail price for diesel to-date in 2019 is $3.04 per gallon and the average retail price for unleaded to-date is $2.79 per gallon (projections of cost for the period of this award were averaged to estimate the price per gallon and includes taxes for which the City is reimbursed). The City does not pay Federal taxes but does pay state taxes at time of payment and submits for reimbursement on a monthly basis. APPROPRIATION CODE AND AMOUNT: Budgeted funds for FY19 are available in the Garage Fund cost code 5666611-550500 (Fuel) ·FY19 $225,000 (1 month) Funds for FY20 are included in the proposed budget for the Garage Fund cost code 5666611-550500 (Fuel) ·FY20 $2,700,000 Future fiscal year budgets will include requests for funding: ·FY21 $2,700,000 ·FY22 $2,475,000 (11 months) Page 1 City of Clearwater Printed on 4/28/2022 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0468 Agenda Date: 5/19/2022 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Legal Department Agenda Number: 7.10 SUBJECT/RECOMMENDATION: Request for authority to settle case of City of Clearwater v. Hunstein, et al., Case No. 21-005056-CI. (consent) SUMMARY: On July 19, 2018, the City retained Weidner Law, P.A. (outside counsel) for representation in municipal lien foreclosure matters. The outside counsel then filed a foreclosure action against Doris Hunstein, the owner of the property located at 1233 Lakeview Road, over a code enforcement lien in the amount of $524,400.00. Since that time, the property has been brought into compliance with the City’s codes and the property is under contract to be sold. The owner has agreed to pay $50,000.00 within thirty days and has also agreed that if the property falls out of compliance with the City’s codes within the next six months, the City would be entitled to an immediate foreclosure judgment in the full amount of the lien. Alternatively, the owner has agreed to complete the sale of the property within the next six months. Authority is being sought to settle this case for $50,000.00 along with the property owner’s promise to keep the property in full compliance or sell it as detailed above, in exchange for which the City will release the lien and dismiss the lawsuit. Page 1 City of Clearwater Printed on 5/17/2022 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0469 Agenda Date: 5/19/2022 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Legal Department Agenda Number: 7.11 SUBJECT/RECOMMENDATION: Request for authority to settle case of Dekker v. City of Clearwater, Case No. 19-2569-CI. (consent) SUMMARY: On November 7, 2017, an on-duty Clearwater police officer vehicle allegedly collided with plaintiff, Rita Dekker, near US HWY 19 (SR 55), Palm Harbor. Dekker alleges she sustained physical injuries to her neck and back, as well as corresponding surgeries to both, because of the accident. Dekker further alleges that she incurred over $350,000.00 in past medical bills because of the accident. Authority is being sought to settle this case for $120,000.00, in exchange for which the City will receive a full release and the pending civil action will be dismissed with prejudice. APPROPRIATION CODE AND AMOUNT: 59007590-545900 Page 1 City of Clearwater Printed on 5/17/2022 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ANX2021-12019 Agenda Date: 5/19/2022 Status: Public HearingVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 8.1 SUBJECT/RECOMMENDATION: Approve the annexation, initial Future Land Use Map designations of Residential Low (RL) and Water and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1827 Audubon Street and pass Ordinances 9540-22, 9541-22, and 9542-22 on first reading. (ANX2021-12019) SUMMARY: This voluntary annexation petition involves a 0.479-acre property consisting of one parcel of land occupied by a detached dwelling. The property is located on the south side of Audubon Street approximately 300 feet south of Druid Road. The applicant is requesting annexation in order to receive sanitary sewer and solid waste service from the City. The property is located in an enclave and is contiguous to existing city boundaries to the north, west and east. It is proposed that the property be assigned Future Land Use Map designations of Residential Low (RL) and Water and a Zoning Atlas designation of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: ·The property currently receives water service from the City. The closest sanitary sewer line is located in the adjacent Audubon Street right-of-way. The applicant is aware that the City's sewer impact and assessment fees must be paid in full prior to connection and 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 the property by Station #47 located at 1460 Lakeview Road. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and ·The proposed annexation is consistent with and promotes the following objectives and policy of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family Page 1 City of Clearwater Printed on 5/17/2022 File Number: ANX2021-12019 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 Water Future Land Use Map category recognizes the water feature to the rear of the property. 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 east; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 5/17/2022 Ordinance No. 9540-22 ORDINANCE NO. 9540-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF AUDUBON STREET APPROXIMATELY 300 FEET SOUTH OF DRUID ROAD, WHOSE POST OFFICE ADDRESS IS 1827 AUDUBON STREET, CLEARWATER, FLORIDA 33764 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; (ANX2021-12019) 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. 9540-22 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, MPA, MMC City Clerk Exhibit “A” LEGAL DESCRIPTION  ANX2021‐12019  ========================================================================================= No. Parcel ID Lot No., Block No. Address 1. 13-29-15-32382-000-0140 Lot 14 1827 Audubon Street The above in GRACEMOOR, as recorded in PLAT BOOK 30, PAGE 7, of the Public Records of Pinellas County, Florida. Together with: The property as described in OFFICIAL RECORD BOOK 6048, PAGE 2065, of the Public Records of Pinellas County, Florida. Exhibit “B” PROPOSED ANNEXATION Owner(s): Bridget M. Bailey Case: ANX2021-12019 Site: 1827 Audubon Street Property Size(Acres): ROW (Acres): 0.479 Land Use Zoning PIN: 13-29-15-32382-000-0140 From : Residential Low (RL) & Water R-3 Single Family Residential Atlas Page: 298A To: Residential Low (RL) & Water Low Medium Density Residential (LMDR) Ordinance No. 9541-22 ORDINANCE NO. 9541-22 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 SOUTH SIDE OF AUDUBON STREET APPROXIMATELY 300 FEET SOUTH OF DRUID ROAD, WHOSE POST OFFICE ADDRESS IS 1827 AUDUBON STREET, CLEARWATER, FLORIDA 33764, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL) AND WATER; 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; Residential Low (RL) and Water (ANX2021-12019) 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. 9540-22. Ordinance No. 9541-22 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, MPA, MMC City Clerk Exhibit “A” LEGAL DESCRIPTION  ANX2021‐12019  ========================================================================================= No. Parcel ID Lot No., Block No. Address 1. 13-29-15-32382-000-0140 Lot 14 1827 Audubon Street The above in GRACEMOOR, as recorded in PLAT BOOK 30, PAGE 7, of the Public Records of Pinellas County, Florida. Together with: The property as described in OFFICIAL RECORD BOOK 6048, PAGE 2065, of the Public Records of Pinellas County, Florida. Exhibit “B” PROPOSED FUTURE LAND USE MAP Owner(s): Bridget M. Bailey Case: ANX2021-12019 Site: 1827 Audubon Street Property Size(Acres): ROW (Acres): 0.479 Land Use Zoning PIN: 13-29-15-32382-000-0140 From : Residential Low (RL) & Water R-3 Single Family Residential Atlas Page: 298A To: Residential Low (RL) & Water Low Medium Density Residential (LMDR) Ordinance No. 9542-22 ORDINANCE NO. 9542-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF AUDUBON STREET APPROXIMATELY 300 FEET SOUTH OF DRUID ROAD, WHOSE POST OFFICE ADDRESS IS 1827 AUDUBON STREET, CLEARWATER, FLORIDA 33764, 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 “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. 9540-22. Property Zoning District See attached Exhibit “A” for legal description; Low Medium Density Residential (LMDR) (ANX2021-12019) Ordinance No. 9542-22 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, MPA, MMC City Clerk Exhibit “A” LEGAL DESCRIPTION  ANX2021‐12019  ========================================================================================= No. Parcel ID Lot No., Block No. Address 1. 13-29-15-32382-000-0140 Lot 14 1827 Audubon Street The above in GRACEMOOR, as recorded in PLAT BOOK 30, PAGE 7, of the Public Records of Pinellas County, Florida. Together with: The property as described in OFFICIAL RECORD BOOK 6048, PAGE 2065, of the Public Records of Pinellas County, Florida. Exhibit “B” PROPOSED ZONING MAP Owner(s): Bridget M. Bailey Case: ANX2021-12019 Site: 1827 Audubon Street Property Size(Acres): ROW (Acres): 0.479 Land Use Zoning PIN: 13-29-15-32382-000-0140 From : Residential Low (RL) & Water R-3 Single Family Residential Atlas Page: 298A To: Residential Low (RL) & Water Low Medium Density Residential (LMDR) LOCATION MAP Owner(s): Bridget M. Bailey Case: ANX2021-12019 Site: 1827 Audubon Street Property Size(Acres): ROW (Acres): 0.479 Land Use Zoning PIN: 13-29-15-32382-000-0140 From : Residential Low (RL) & Water R-3 Single Family Residential Atlas Page: 298A To: Residential Low (RL) & Water Low Medium Density Residential (LMDR) AERIAL PHOTOGRAPH Owner(s): Bridget M. Bailey Case: ANX2021-12019 Site: 1827 Audubon Street Property Size(Acres): ROW (Acres): 0.479 Land Use Zoning PIN: 13-29-15-32382-000-0140 From : Residential Low (RL) & Waterp R-3 Single Family Residential Atlas Page: 298A To: Residential Low (RL) & Water Low Medium Density Residential (LMDR) EXISTING SURROUNDING USES MAP Owner(s): Bridget M. Bailey Case: ANX2021-12019 Site: 1827 Audubon Street Property Size(Acres): ROW (Acres): 0.479 Land Use Zoning PIN: 13-29-15-32382-000-0140 From : Residential Low (RL) & Water R-3 Single Family Residential Atlas Page: 298A To: Residential Low (RL) & Water Low Medium Density Residential (LMDR) Detached Dwellings Detached Dwellings Detached Dwellings Detached Dwellings ANX2021-12019 Bridget M. Bailey 1827 Audubon Street View looking south at subject property 1827 Audubon Street West of the subject property East of the subject property Across the street, to the north of the subject property View looking easterly along Audubon Street View looking westerly along Audubon Street Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: LUP2022-01001 Agenda Date: 5/19/2022 Status: Public HearingVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 8.2 SUBJECT/RECOMMENDATION: Approve a Future Land Use Map Amendment from the Residential/Office General (R/OG) category to the Commercial General (CG) category for a portion of property located at 1640 Gulf to Bay Boulevard and pass Ordinance 9554-22 on first reading. (LUP2022-01001) SUMMARY: This Future Land Use Map amendment involves a 0.74-acre portion of a 2.26-acre property located on the northeast corner of Gulf to Bay Boulevard and South Keystone Avenue. The applicant, MSCW-GTB, LLC, is requesting to amend the future land use category of the north one-third of the property, approximately 0.74 acres, from Residential/Office General (R/OG) to Commercial General (CG). The applicant has submitted a Zoning Atlas amendment which is being processed concurrently with this case (REZ2022-01001). The property is currently developed with a 17,684 square foot office building with the only occupant being a bank branch. There are two current future land use map categories on the property. The north one-third has a future land use map category of Residential/Office General (R/OG), and the southern two-thirds has a future land use map category of Commercial General (CG). The Residential/Office General (R/OG) category has a maximum density of 15 dwelling units per acre and a maximum floor area ration (FAR) of 0.50. The Commercial General (CG) category has a maximum density of 24 dwelling units per acre and a maximum floor area ratio (FAR) of 0.55. The proposed amendment would allow the property to have one consistent future land use map category of Commercial General (CG) and would increase the development potential of the site by approximately 4,900 square feet. The applicant has indicated the desire to construct a car wash on the property while the existing office building is to remain; however, no site plans have been submitted at this time. The Planning and Development Department has determined that the proposed future land use amendment is consistent with the provisions of the Clearwater Community Development Code as specified below: ·The proposed amendment is consistent with the Comprehensive Plan and the Countywide Plan Rules. ·The proposed amendment is compatible with the surrounding properties and character of the neighborhood. ·Sufficient public facilities are available to serve the property. ·The proposed amendment will not have an adverse impact on the natural environment. ·The proposed amendment will not have an adverse impact on the use of property in the immediate area. Page 1 City of Clearwater Printed on 5/17/2022 File Number: LUP2022-01001 The proposed City of Clearwater future land use category of Commercial General (CG) will necessitate an amendment of the Countywide Plan Map from the Office (O) category to the Retail & Services (R&S) category. In accordance with the Countywide Plan Rules, the land use plan amendment is subject to the approval of Forward Pinellas, in its role as the Pinellas Planning Council, and the Board of County Commissioners acting as the Countywide Planning Authority. The application is a small-scale amendment so review and approval by the Florida Department of Economic Opportunity is not required. The Community Development Board reviewed this application at its April 19, 2022 public hearing and made a unanimous recommendation of approval to the Council. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 5/17/2022 Ordinance No. 9554-22 ORDINANCE NO. 9554-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE DESIGNATION FOR A PORTION OF CERTAIN REAL PROPERTY LOCATED ON THE NORTHEAST CORNER OF GULF TO BAY BOULEVARD AND SOUTH KEYSTONE AVENUE, WHOSE POST OFFICE ADDRESS IS 1640 GULF TO BAY BOULEVARD, CLEARWATER, FLORIDA 33755, FROM RESIDENTIAL/OFFICE GENERAL (R/OG), TO COMMERCIAL GENERAL (CG); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Future Land Use Element of the Comprehensive Plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Future Land Use Element of the Comprehensive Plan of the City of Clearwater is amended by designating the land use category for the hereinafter described properties, as follows: Properties Land Use Category See attached Exhibit “A” for legal description; From: Residential/Office General (R/OG) To: Commercial General (CG) (LUP2022-01001) The map attached as Exhibit “B” is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s Comprehensive Plan. Section 3. This ordinance shall take effect contingent upon approval of the countywide plan land use designation by the Pinellas County Board of Commissioners, where applicable, and thirty-one (31) days post-adoption. If this ordinance is appealed within thirty (30) days after adoption, then this ordinance will take effect only after approval of the countywide plan land use designation by the Pinellas County Board of Commissioners and upon issuance of a final order determining this amendment to be in compliance either by the Department of Economic Opportunity (DEO) or the Administration Commission, where applicable, pursuant to section 163.3187, Florida Ordinance No. 9554-22 Statutes. The Community Development Coordinator is authorized to transmit to Forward Pinellas, in its role as the Pinellas Planning Council, an application to amend the Countywide Plan in order to achieve consistency with the Future Land Use Plan Element of the City’s Comprehensive Plan as amended by this ordinance. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq. Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit A  LUP2022‐01001 & REZ2022‐01001, A portion of 1640 Gulf to Bay Boulevard, 14‐29‐15‐47220‐000‐0010  A PORTION OF LOT 1, KRUEGER‐N.C.N.B. SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT  BOOK 105, PAGE 15, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED  AS FOLLOWS:  COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 1, THENCE RUN N 00°39’48” W, ALONG THE WEST LINE OF  SAID LOT 1, 280.37 FEET FOR A POINT OF BEGINNING; THENCE CONTINUE ALONG SAID WEST LINE, N 00°39’48” W,  137.77 FEET TO THE NORTH LINE OF SAID LOT 1; THENCE S 88°56’09” E ALONG SAID NORTH LINE, 235.00 FEET TO THE  EAST LINE OF SAID LOT 1; THENCE S 00°39’48” W ALONG SAID EAST LINE, 137.77 FEET; THENCE N 88°56’09” W, 235.00  FEET TO THE POINT OF BEGINNING.  CONTAINING 32,360± SQUARE FEET OR 0.74± ACRES MORE OR LESS.  Exhibit “B” 46584 49716 47220 L A 8 9 10 12 13 14 15 161718 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18192021222324 12 13 14 1 2 3 4 6 8 8 9 10 11 12 2 1 23 13/04 13/02 13/05 14/10 14/12 14/13 14/07 14/08 14/09 1.03 1.12 3.21 22 23 24 25 26 42 1 2 AC(C) ACAC 2 3 2 509 3051650 1660215 1628211 40016321630 16541700401 17001625510 5071621 16411651162016801668403 211 407 208 163016641640309 16271624212 1631206 16371644 1660167217011623200 401 311 3011658204 301 300 1698216 405 207 17091675205 1661CG RU CG RU CG RU R/OG CG CG RU CG R/OG S DUNCAN AVESKEYSTONEAVEGULF-TO-BAY BLVD RAINBOW DR S KEYSTONE DR-Not to Scale--Not a Survey-Rev. 2/7/2022 PROPOSED FUTURE LAND USES MAP Owner(s): MSCW GTB LLC Case: LUP2022-01001 REZ2022-01001 Site: A portion of 1640 Gulf to Bay Boulevard Property Size(Acres): 0.74 Land Use Zoning PIN: 14-29-15-47220-000-0010 From: Residential/Office General (R/OG) Office (O) To: Commercial General (CG) Commercial (C) Atlas Page: 288B Background: This case involves a 0.74-acre portion of a 2.26-acre property located on the northeast corner of Gulf to Bay Boulevard and South Keystone Avenue. The property is owned by MSCW-GTB, LLC and is currently developed with a 17,684 square foot office building with the only occupant being a bank branch. The existing office fronts Gulf to Bay Boulevard and the northern portion of the building has a drive-through component fronting along South Keystone Avenue. Due to there being only one tenant in the building, there is an abundance of parking, creating an economically underutilized parcel. The applicant has indicated the desire to maintain the existing office and develop a car wash also on the property. Currently, the property has two future land use map designations of Residential/Office General (R/OG) and Commercial General (CG). The Residential/Office General (R/OG) future land use category is on the north one-third of the property, totaling approximately 0.74 acres. The request is to change the Future Land Use Map designation for the northern portion of the property from Residential/Office General (R/OG) to Commercial General (CG). A request to rezone this same portion of the property from the Office (O) District to the Commercial (C) District is being processed concurrently with this case (see REZ2022-01001). The requested amendment to the Commercial General (CG) category would establish a single future land use category across the site and would allow for the redevelopment of the property in the future, including to add a car wash as indicated in the application. An amendment to the Countywide Plan Map will also be required to bring consistency between the city’s Future Land Use Map and the Countywide Plan Map. A site plan application has not been submitted at this time, and the applicant understands that all necessary approvals and permits must be obtained before development of the subject site occurs. PLANNING & DEVELOPMENT DEPARTMENT COMMUNITY DEVELOPMENT BOARD STAFF REPORT MEETING DATE: April 19, 2022 AGENDA ITEM: F.1. CASE: LUP2022-01001 REQUEST: To amend the Future Land Use Map designation for a portion of a 2.26- acre property from Residential/Office General (R/OG) to Commercial General (CG) GENERAL DATA: Agent............................... Owner............................. Robert Pergolizzi, AICP/PTP, Gulf Coast Consulting, Inc. MSCW-GTB, LLC (Attn: Mr. Neil Valk) Location .......................... 1640 Gulf to Bay Boulevard located on the northeast corner of Gulf to Bay Boulevard and South Keystone Avenue Property Size ................... 2.26 acres Community Development Board – April 19, 2022 LUP2022-01001 - Page 2 of 9 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Vicinity Characteristics: Maps 1 and 2 show the general location of the property and an aerial view of the amendment area and its surroundings. Map 1 Map 2 Map 3 shows the existing surrounding uses. To the west across South Keystone Avenue is a motel, small office building, a place of worship and an automobile parts store (retail use). Adjacent to the north are a doctor’s office and physical therapy office, with detached dwellings farther north across Rainbow Drive. Adjacent to the east is a self-storage facility, a bank office and a gas station, and to the south across Gulf to Bay Boulevard is an additional bank office and retail plaza. Map 3 Community Development Board – April 19, 2022 LUP2022-01001 - Page 3 of 9 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION As shown on Map 4, the abutting future land use designations are Residential/Office General (R/OG) to the north and Commercial General (CG) to the east in addition to being designated on the remainder of the subject parcel. Residential/Office General (R/OG) and Commercial General (CG) exist to the west across South Keystone Avenue, and Commercial General (CG) is designated on properties to the south across Gulf to Bay Boulevard. Farther north across Rainbow Drive is Residential Urban (RU). A comparison between the uses, densities and intensities allowed by the present and proposed Future Land Use Map designations appears in Table 1, along with the consistent zoning districts. Map 4 Table 1. Uses, Densities and Intensities Allowed by Present and Proposed Future Land Use Designations Present FLUM Designation Residential/Office General (R/OG) (0.74-acre portion of parcel) Requested FLUM Designation Commercial General (CG) Primary Uses: Medium Density Residential, Office Office, Retail Sales & Services Maximum Density: 15 Dwelling Units per Acre 24 Dwelling Units per Acre Maximum Intensity: FAR 0.50; ISR 0.75 FAR 0.55; ISR 0.90 Consistent Zoning Districts: Office (O), Medium Density Residential (MDR) Commercial General (CG) Community Development Board – April 19, 2022 LUP2022-01001 - Page 4 of 9 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION REVIEW CRITERIA: Consistency with the Clearwater Comprehensive Plan [Sections 4-603.F.1 and 4-603.F.2] Recommended Findings of Fact: Applicable goals and policies of the Clearwater Comprehensive Plan which support the proposed amendment include: Goal A.2 A sufficient variety and amount of future land use categories shall be provided to accommodate public demand and promote infill development. Policy A.2.2.8 Commercial land uses shall be located at the intersection of arterial or collector streets and should be sited in such a way as to minimize the intrusion of off-site impacts into residential neighborhoods. New plats and site plans shall discourage the creation of “strip commercial” zones by insuring adequate lot depths are maintained and by zoning for commercial development at major intersections. Goal A.4. The City shall work toward a land use pattern that can be supported by the available community and public facilities that would be required to serve the development. Policy A.4.1.1 The Concurrency Management System shall ensure proposed development is in conformance with existing and planned support facilities for which a level of service standard has been adopted and that such facilities and services are available, at the adopted level of service standards, concurrent with the impacts of development. Policy A.5.5.4 The transition between intensive redevelopment areas and adjacent low density areas should be sensitive to the scale of development in those low density areas. Goal A.6 The City of Clearwater shall utilize innovative and flexible planning and engineering practices, and urban design standards in order to protect historic resources, ensure neighborhood preservation, redevelop blighted areas, and encourage infill development. Policy A.6.2.2 Encourage land use conversions on economically underutilized parcels and corridors, and promote redevelopment activities in these areas. The proposed Commercial General (CG) future land use designation is consistent with the designation of the majority of the parcel and compatible with the surrounding retail, overnight accommodation and office uses. The applicant has indicated the desire to develop the property with a car wash in addition to maintaining the existing bank office; however, no site plan application has been submitted at this time. An amendment to the Commercial General (CG) designation would allow for the site to have a unified future land use category which would support infill development on the property. Overall, the total intensity allowed will be greater than permitted by the average of the current two land use designations as well as the surrounding Residential/Office General (R/OG) land use category to the north and west. The remaining Residential/Office General (R/OG) to the north will continue to serve as a transitional buffer between the Commercial General (CG) and the areas designated Residential Urban (RU) across Rainbow Drive further to the north. In addition, the proposal does not degrade the level of service for public facilities below the adopted standards (a detailed public facilities analysis follows in this report). Community Development Board – April 19, 2022 LUP2022-01001 - Page 5 of 9 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Recommended Conclusions of Law: The request does not conflict with the goals, objectives and policies of the Clearwater Comprehensive Plan and furthers said plan as indicated above. Consistency with the Countywide Rules Recommended Findings of Fact: The underlying Countywide Plan Map category on the proposed amendment area is Office (O). The proposed amendment area is bounded by Retail & Services (R&S) to the south and east and Office (O) to the north and west across South Keystone Avenue. The proposed City of Clearwater future land use designation of Commercial General (CG) will necessitate an amendment from the Office (O) category to the Retail & Services (R&S) category to maintain consistency between the City’s Future Land Use Map and the Countywide Plan Map. Section 2.3.3.8 of the Countywide Rules states that the Retail & Services category in intended to depict areas developed with, or appropriate to be developed with, a mix of businesses that provide for the shopping and personal service needs of the community or region, provide for employment opportunities and accommodate target employment uses, and may include residential uses as part of the mix of uses. The proposed use, as indicated by the applicant, will be a car wash and bank office, which are appropriate uses within the area and consistent with the proposed and surrounding Countywide Plan Map categories. Recommended Conclusions of Law: The proposed Future Land Use Map amendment is consistent with the purpose of the proposed category in the Countywide Rules. Compatibility with Surrounding Properties/Character of the City & Neighborhood [Section 4-603.F.3 and Section 4-603.F.6] Recommended Findings of Fact: Existing surrounding uses primarily consist of offices to the north and west. A self-storage facility exists to the east with an additional bank office and gas station further east, and to the west there is a motel and automobile parts store across South Keystone Avenue. Additionally, there is a bank office and retail plaza to the south across Gulf to Bay Boulevard. The proposed use of the subject property of a car wash and bank office is compatible with the surrounding properties and neighborhood. Recommended Conclusions of Law: The proposed Commercial General (CG) future land use category would allow development that is in character with the Future Land Use Map designations in the area. Further, the proposal is compatible with surrounding uses and consistent with the character of the surrounding properties and neighborhood. Community Development Board – April 19, 2022 LUP2022-01001 - Page 6 of 9 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Sufficiency of Public Facilities [Section 4-603.F.4] Recommended Findings of Fact: To assess the sufficiency of public facilities needed to support potential development on the proposed amendment area, the maximum development potential of the property under the current and requested City Future Land Use Map designations were analyzed. Table 2. Development Potential for Existing & Proposed FLUM Designations Present FLUM Designation “R/OG” Requested FLUM Designation “CG” Net Change Site Area 0.74 AC (32,234 SF) 0.74 AC (32,234 SF) Maximum Development Potential 0 DUs1 / 33 Beds 0 Hotel Units 16,117 SF 0.50 FAR 0 DUs2 / 0 Beds2 29 Hotel Units 17,728 SF 0.55 FAR 0 DUs / -33 Beds + 29 Hotel Units +1,611 SF +0.05 FAR Notes: 1. Residential uses are not permitted through the consistent Office (O) District; therefore, the development potential is zero. 2. Residential and residential equivalent uses are not permitted in the consistent Commercial (C) District; therefore, the development potential is zero. Abbreviations: FLUM – Future Land Use Map DUs – Dwelling Units AC – Acres FAR – Floor Area Ratio SF – Square feet As shown in the table, there is an increase in development potential of approximately 1,600 square feet and the potential of up to 29 additional hotel units. The following analysis compares the maximum potential development of the proposed Commercial General (CG) future land use developed with a 17,728 square foot building to the maximum development potential of the existing Residential/Office General (R/OG) future land use developed with a 16,117 square foot building. Potable Water The change in development potential from this amendment would result in an increase in potable water use of up to 161 gallons per day. This increase is determined by taking the potential potable water utilization of the proposed land use developed with a non-residential use built out at the maximum square footage allowed (1,773 gallons per day) and subtracting it from the potential usage of a non-residential use built out at the maximum square footage permitted by the current land use designation (1,612 gallons per day). The City’s current potable water demand is 10.64 million gallons per day (MGD). The City’s adopted level of service (LOS) standard for potable water service is 120 gallons per day per capita, while the actual usage is estimated at 72 gallons per day per capita (2020 Annual Water Report). The City’s 10-year Water Supply Facilities Work Plan (2016-2026 Planning Period), completed October 2017, indicates that based on the updated water demand projections and other factors, the City has adequate water supply and potable water capacity for the 10-year planning horizon. Community Development Board – April 19, 2022 LUP2022-01001 - Page 7 of 9 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Wastewater The change in development potential from this amendment would result in an increase in wastewater use of up to 129 gallons per day. This increase is determined by taking the potential potable water utilization of the proposed land use developed with a non-residential use built out at the maximum square footage allowed (1,418 gallons per day) and subtracting it from the potential usage of a non-residential use built out at the maximum square footage permitted by the current land use designations (1,289 gallons per day). The subject property is served by the Marshall Street Water Reclamation Facility, which presently has excess permitted capacity estimated to be 4.82 million gallons per day. Therefore, there is excess sanitary sewer capacity to serve the amendment area. Solid Waste The change in development potential from this amendment would increase up to 7.2 tons per year of solid waste generated. This increase is determined by taking the utilization of the proposed land use developed with a non-residential use built out at the maximum square footage permitted (78.9 tons per year) and subtracting it from the potential utilization of a non-residential use built out at the maximum square footage permitted by the current land use designations (71.7 tons per year). Pinellas County handles all solid waste disposal is handled at the Pinellas County Waste-to-Energy Plant and the Bridgeway Acres Sanitary Landfill which has significant capacity. Additionally, the City provides a full- service citywide recycling program which diverts waste from the landfill, helping to extend the lifespan of Bridgeway Acres. There is excess solid waste capacity to serve the amendment area. Parkland Under both the existing and proposed future land use, the LOS citywide will continue to exceed the adopted LOS of 4 acres per 1,000 residents. The City is currently providing 7.89 acres of parkland per 1,000 residents. With the proposed future land use amendment, two additional units could be developed resulting in five additional residents. This is calculated using the most recent ACS estimate of 2.4 persons per household within the City of Clearwater. Based on this impact analysis, the current provision of 7.89 acres of parkland per 1,000 would remain unchanged [Source: Draft Parks and Recreation Facilities Impact Fee Study, prepared by Tindale Oliver Draft Date March 18, 2020]. Amending a property’s future land use or zoning designation does not have an immediate impact on the City’s Parks and Recreation system and parkland requirements. Impacts are felt when development occurs. This future land use map amendment will have no additional impact on parkland. However, Parks and Recreation Impact Fees required to provide new recreation facilities and services will be assessed at the time of development and will be based on the maximum increase in residents. Stormwater Site plan approval will be required before the property can be redeveloped. At that time, the stormwater management system for the site will be required to meet all City and SWFWMD stormwater management criteria. Community Development Board – April 19, 2022 LUP2022-01001 - Page 8 of 9 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Streets The subject property is located on the northeast corner of Gulf to Bay Boulevard and South Keystone Avenue. To evaluate potential impacts on streets, the typical traffic impacts figure (trips per day per acre) in the Countywide Rules for the corresponding Countywide Plan Map categories (current and proposed) are compared. The current number of trips per day (65 trips) is calculated based on the per acre impact for the Office (O) category of 89 trips/day/acre. The proposed Countywide Plan Map category of Retail & Services (R&S) category has an impact of 433 trips/day/acre (320 trips); therefore, the proposed amendment could result in an additional 255 trips per day per acre. This segment of Gulf to Bay Boulevard is operating at a level of service “C” and the potential increase in trips would not degrade the level of service. Recommended Conclusions of Law: Based upon the findings of fact, the proposed development of a car wash would increase the demand on several public facilities; however, it is determined that the proposed change will not result in the degradation of the current levels of service for potable water, sanitary sewer, solid waste, parkland, stormwater management and streets. Impact on Natural Resources [Section 4-603.F.5] Recommended Findings of Fact: No wetlands appear to be located on the subject property. The City’s codes require that development is compliant with the City’s tree preservation, landscaping and stormwater management requirements. Recommended Conclusions of Law: Based on the findings of fact, it is determined that the proposed Future Land Use Map amendment will not negatively impact natural resources on the subject property. Community Development Board – April 19, 2022 LUP2022-01001 - Page 9 of 9 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION SUMMARY AND RECOMMENDATION: No amendment to the Comprehensive Plan or Future Land Use Map shall be recommended for approval or receive a final action of support unless it complies with the standards contained in Section 4-603.F, Community Development Code. Table 3 below depicts the consistency of the proposed amendment with the standards under to Section 4-603.F: Table 3. Consistency with Community Development Code Standards for Review CDC Section 4-603 Standard Consistent Inconsistent F.1 The amendment will further implementation of the Comprehensive Plan consistent with the goals, policies and objectives contained in the Plan. X F.2 The amendment is not inconsistent with other provisions of the Comprehensive Plan. X F.3 The available uses, if applicable, to which the properties may be put are appropriate to the properties in question and compatible with existing and planned uses in the area. X F.4 Sufficient public facilities are available to serve the properties. X F.5 The amendment will not adversely affect the natural environment. X F.6 The amendment will not adversely impact the use of properties in the immediate area. X Based on the foregoing, the Planning and Development Department recommends the following action: Recommend APPROVAL of the Future Land Use Map Amendment from Residential/Office General (R/OG) to Commercial General (CG). Prepared by Planning and Development Department Staff: Kyle Brotherton Senior Planner ATTACHMENTS: Ordinance No. 9554-22 Resume Photographs of Site and Vicinity LUP2022-01001, REZ2022-01001 MSCW-GTB, LLC 1640 Gulf to Bay Boulevard View looking north at subject property 1640 Gulf to Bay Boulevard East of the subject property Across the street, to the south of the subject property View looking easterly along Gulf to Bay Boulevard View looking westerly along Gulf to Bay Boulevard Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ANX2022-03005 Agenda Date: 5/19/2022 Status: Public HearingVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 8.3 SUBJECT/RECOMMENDATION: Approve 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 an unaddressed parcel on Otten Street and pass Ordinances 9567-22, 9568-22, and 9569-22 on first reading. (ANX2022-03005) SUMMARY: This voluntary annexation petition involves a 0.183-acre property consisting of one parcel of vacant land. The property is located on the southeast corner of Otten Street and Weston Drive . The applicant has indicated a desire to construct a detached dwelling on the property, although no plans have been submitted at this time. They are requesting annexation in order to receive water, sanitary sewer, and solid waste service from the City upon site development. The property is located within an enclave and is contiguous to city boundaries on all sides, and the annexation will eliminate an enclave. 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 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: ·Water, sanitary sewer, and solid waste service will be provided by the City of Clearwater. The closest sanitary sewer line is located in an easement along the southern property boundary. The closest water line is located in both the Otten Street and Weston Drive rights-of-way. The applicant is aware that the City's sewer and water impact and assessment fees must be paid in full prior to connection and of the additional costs to extend city sewer and water service to this property. The property is located within Police District II and service will be administered through the district headquarters located at 645 Pierce Street. Fire and emergency medical services will be provided to this property by Station #51 located at 1712 Overbrook Avenue. The City has adequate capacity to serve this property with sanitary sewer, solid waste, water, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and ·The proposed annexation is consistent with and promotes the following objectives and policy of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Page 1 City of Clearwater Printed on 5/17/2022 File Number: ANX2022-03005 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 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 Medium Density Residential (LMDR) District. The proposed use of a detached dwelling on the subject property is consistent with the uses allowed in the District and the property exceeds the District’s minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and ·The property proposed for annexation is contiguous to existing city boundaries on all sides; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 5/17/2022 Ordinance No. 9567-22 ORDINANCE NO. 9567-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN UNADDRESSED REAL PROPERTY LOCATED ON THE SOUTHEAST CORNER OF OTTEN STREET AND WESTON DRIVE, CLEARWATER, FLORIDA 33755 INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit “A” 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: Lot 8, Terra-Alto Estates, according to the map or plat thereof, as recorded in Plat Book 45, Page(s) 5, of the Public Records of Pinellas County, Florida; (ANX2022-03005) 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. 9567-22 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, MPA, MMC City Clerk Exhibit “A” PROPOSED ANNEXATION MAP Owner(s): Robert Smith Case: ANX2022-03005 Site: Unaddressed (0) Otten Street Property Size(Acres): ROW (Acres): 0.183 Land Use Zoning PIN: 02-29-15-90288-000-0080 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 261A To: Residential Low (RL) Low Medium Density Residential (LMDR) Ordinance No. 9568-22 ORDINANCE NO. 9568-22 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 UNADDRESSED REAL PROPERTY LOCATED ON THE SOUTHEAST CORNER OF OTTEN STREET AND WESTON DRIVE, CLEARWATER, FLORIDA 33755, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Future Land Use Element of the Comprehensive Plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Future Land Use Element of the Comprehensive Plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category Lot 8, Terra-Alto Estates, according to the map or plat thereof, as recorded in Plat Book 45, Page(s) 5, of the Public Records of Pinellas County, Florida; Residential Low (RL) (ANX2022-03005) 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. 9567-22. Ordinance No. 9568-22 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, MPA, MMC City Clerk Exhibit “A” PROPOSED FUTURE LAND USE MAP Owner(s): Robert Smith Case: ANX2022-03005 Site: Unaddressed (0) Otten Street Property Size(Acres): ROW (Acres): 0.183 Land Use Zoning PIN: 02-29-15-90288-000-0080 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 261A To: Residential Low (RL) Low Medium Density Residential (LMDR) Ordinance No. 9569-22 ORDINANCE NO. 9569-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN UNADDRESSED REAL PROPERTY LOCATED ON THE SOUTHEAST CORNER OF OTTEN STREET AND WESTON DRIVE, CLEARWATER, FLORIDA 33755, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the Zoning Atlas of the City is amended, as follows: The map attached as Exhibit “A” is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the Zoning Atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9567-22. Property Zoning District Lot 8, Terra-Alto Estates, according to the map or plat thereof, as recorded in Plat Book 45, Page(s) 5, of the Public Records of Pinellas County, Florida; Low Medium Density Residential (LMDR) (ANX2022-03005) Ordinance No. 9569-22 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, MPA, MMC City Clerk Exhibit “A” PROPOSED ZONING MAP Owner(s): Robert Smith Case: ANX2022-03005 Site: Unaddressed (0) Otten Street Property Size(Acres): ROW (Acres): 0.183 Land Use Zoning PIN: 02-29-15-90288-000-0080 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 261A To: Residential Low (RL) Low Medium Density Residential (LMDR) LOCATION MAP Owner(s): Robert Smith Case: ANX2022-03005 Site: Unaddressed (0) Otten Street Property Size(Acres): ROW (Acres): 0.183 Land Use Zoning PIN: 02-29-15-90288-000-0080 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 261A To: Residential Low (RL) Low Medium Density Residential (LMDR) AERIAL PHOTOGRAPH Owner(s): Robert Smith Case: ANX2022-03005 Site: Unaddressed (0) Otten Street Property Size(Acres): ROW (Acres): 0.183 Land Use Zoning PIN: 02-29-15-90288-000-0080 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 261A To: Residential Low (RL) Low Medium Density Residential (LMDR) EXISTING SURROUNDING USES MAP Owner(s): Robert Smith Case: ANX2022-03005 Site: Unaddressed (0) Otten Street Property Size(Acres): ROW (Acres): 0.183 Land Use Zoning PIN: 02-29-15-90288-000-0080 From : Residential Low (RL) R-3 Single FamilyResidential Atlas Page: 261A To: Residential Low (RL) Low Medium Density Residential (LMDR) Place of Worship Detached Dwellings Detached Dwellings Detached Dwellings Detached Dwellings School ANX2022-03005 Robert Smith Unaddressed (0) Otten Street View looking south at subject property Unaddressed (0) Otten St East of the subject property Across the street, to the north of the subject property View looking easterly along Otten Street View looking westerly along Otten Street Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ANX2021-06011a Agenda Date: 5/19/2022 Status: Public HearingVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 8.4 SUBJECT/RECOMMENDATION: Continue to a date Uncertain: 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 1272 Sedeeva Circle N. and pass Ordinances 9564-22, 9565-22, and 9566-22 on second reading. (ANX2021-06011) SUMMARY: This voluntary annexation request was passed on first reading on August 19, 2021 and involves a 0.186-acre property consisting of one parcel located on the north side of Sedeeva Circle N . approximately 220 feet west of N. Betty Lane. The property is contiguous to existing City boundaries to the north, east and south. Second reading of this annexation request was delayed because the applicant was constructing a single-family dwelling on this parcel under the County’s jurisdiction. The construction has been completed and a Certificate of Occupancy issued so second reading can now take place. A Future Land Use Map designation of Residential Urban (RU) and a Zoning Atlas designation of Low Medium Density Residential (LMDR) were approved for the property on first reading. Due to the amount of time that has lapsed since that hearing, new ordinance numbers have been assigned to reflect the current year (previous Ordinance numbers: 9484-21, 9485-21 and 9486-21), so a third and final reading will also be scheduled at the June 2, 2022 meeting. Staff is continuing the item because the property was recently sold, and an updated annexation request must be obtained from the new property owner. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 5/17/2022 Ordinance No. 9564-22 ORDINANCE NO. 9564-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF SEDEEVA CIRCLE N APPROXIMATELY 220 FEET WEST OF N BETTY LANE, WHOSE POST OFFICE ADDRESS IS 1272 SEDEEVA CIRCLE N, CLEARWATER, FLORIDA 33755, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owners of the real property described herein and depicted on the map attached hereto as Exhibit “A” have petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: The West 10 feet of Lot 4 and all of Lot 5, Floradel Sub-Division, according to the map or plat thereof, as recorded in Plat Book 15, Page(s) 7, of the Public Records of Pinellas County, Florida; (ANX2021-06011) 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. 9564-22 PASSED ON FIRST READING (AS ORDINANCE NO. 9484-21) PASSED ON SECOND READING PASSED ON THIRD AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq. Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit "A" PROPOSED ANNEXATION MAP Owner(s): Paramount Court LLC Case: ANX2021-06011 Site: 1272 Sedeeva Circle N. Property Size(Acres): ROW (Acres): 0.186 Land Use Zoning PIN:03-29-15-28098-000-0050 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 251B To: Residential Urban (RU) Low Medium Density Residential (LMDR) LAKE 28098 80388 K L M O O G B C E 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 12345678910111213 14 15 16 17 18 19 20 21 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38394041424344 45 46 47 48 49 50 51 9 18 9 10 11 12 13 14 15 16 17 18 1920 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 151617181920 2122 26 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 2627 2829 4445 4647 55 56 7 8 8 22 U.S.A.VET.ADM. VAC 1 1 1 1 1 1 N BETTY LN STATE ST WOODLAWN TER SEDEEVA CIR N POINSETTA AVE CHENANGO AVE BERTLAND WAY SEDEEVA CIR SSHORE DR PINECREST WAY 197112781291124512571261130112651952 132512432024 1950128019491276128319541252 1329127812711942128712321273 1969 2021 1952 2025 132712901276126013101256126719471245 1295196312641234124612371235 19581249 1940 2022 19621231 12791287126712611274125612652020 123012662028 127412441275127012511960 12961260125312441288128412361938 12391240 1258127712711241127312871964 126819431233½12291998 12721992 129412901286128212741235131712351247 1941 1974 12262028 1946 1994 12851251 1249 20141300 12812020 12551937 2017 1245 1995 12951996128620301232 1940 19371234 1978 1969 1987 1283126612621997 2027 12371940 1979 2021 12772025 2026 2010 1273123312952022 2031 1961 1999 2026 12261261 12911944 1981 12332031 1257 2015 2024 12891244½-Not to Scale--Not a Survey-Rev. 6/9/2021 Ordinance No. 9565-22 ORDINANCE NO. 9565-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF SEDEEVA CIRCLE N APPROXIMATELY 220 FEET WEST OF N BETTY LANE, WHOSE POST OFFICE ADDRESS IS 1272 SEDEEVA CIRCLE N, CLEARWATER, FLORIDA 33755, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL URBAN (RU); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Future Land Use Element of the Comprehensive Plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Future Land Use Element of the Comprehensive Plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category The West 10 feet of Lot 4 and all of Lot 5, Floradel Sub-Division, according to the map or plat thereof, as recorded in Plat Book 15, Page(s) 7, of the Public Records of Pinellas County, Florida; Residential Urban (RU) (ANX2021-06011) 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. 9564-22. Ordinance No. 9565-22 PASSED ON FIRST READING (AS ORDINANCE NO. 9485-21) PASSED ON SECOND READING PASSED ON THIRD AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq. Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit "A" PROPOSED FUTURE LAND USE MAP Owner(s): Paramount Court LLC Case: ANX2021-06011 Site: 1272 Sedeeva Circle N. Property Size(Acres): ROW (Acres): 0.186 Land Use Zoning PIN:03-29-15-28098-000-0050 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 251B To: Residential Urban (RU) Low Medium Density Residential (LMDR) LAKE 28098 80388 K L M O O G B C E 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 12345678910111213 14 15 16 17 18 19 20 21 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38394041424344 45 46 47 48 49 50 51 9 18 9 10 11 12 13 14 15 16 17 18 1920 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 151617181920 2122 26 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 2627 2829 4445 4647 55 56 7 8 8 22 U.S.A.VET.ADM. VAC 1 1 1 1 1 1 RU RU RU RU RU R/OS RU RM RU RU RU RMRU RU R/OS RM RURU RU N BETTY LN STATE ST WOODLAWN TER SEDEEVA CIR N POINSETTA AVE CHENANGO AVE BERTLAND WAY SEDEEVA CIR SPINECREST WAY 197112781291124512571261130112651952 13251243195012801949127612831954125212781271 1942128712321273 1969 2021 1952 12901276126013101256126712451295196312641234124612371235 19581249 1940 2022 19621231 1279126712611274125612652020 123012662028 127412441275127012511960 1296126012531244128812841236193812401258 127712711241127312871964 12681233½12291998 12721992 129412901286128212741235131712351247 2024 1941 1974 12262028 1946 1994 132912851251 1249 20141300 2025 132712812020 12551937 2017 1947 1245 1995 12951996128620301232 1940 19371234 1978 1969 1987 1283126612621997 12872027 12371940 1979 2021 12772025 2026 2010 1273123312952022 2031 1961 1999 2026 1239 12261261 12911944 1981 12332031 1257 2015 2024 1943 12891244½-Not to Scale--Not a Survey-Rev. 6/9/2021 Ordinance No. 9566-22 ORDINANCE NO. 9566-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF SEDEEVA CIRCLE N APPROXIMATELY 220 FEET WEST OF N BETTY LANE, WHOSE POST OFFICE ADDRESS IS 1272 SEDEEVA CIRCLE N, CLEARWATER, FLORIDA 33755, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the Zoning Atlas of the City is amended, as follows: Property Zoning District The West 10 feet of Lot 4 and all of Lot 5, Floradel Sub-Division, according to the map or plat thereof, as recorded in Plat Book 15, Page(s) 7, of the Public Records of Pinellas County, Florida; Low Medium Density Residential (LMDR) (ANX2021-06011) 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. 9564-22. Ordinance No. 9566-22 PASSED ON FIRST READING (AS ORDINANCE NO. 9486-21) PASSED ON SECOND READING PASSED ON THIRD AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq. Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit "A" PROPOSED ZONING MAP Owner(s): Paramount Court LLC Case: ANX2021-06011 Site: 1272 Sedeeva Circle N. Property Size(Acres): ROW (Acres): 0.186 Land Use Zoning PIN:03-29-15-28098-000-0050 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 251B To: Residential Urban (RU) Low Medium Density Residential (LMDR) LAKE 28098 80388 K L M O O G B C E 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 12345678910111213 14 15 16 17 18 19 20 21 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38394041424344 45 46 47 48 49 50 51 9 18 9 10 11 12 13 14 15 16 17 18 1920 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 151617181920 2122 26 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 2627 2829 4445 4647 55 56 7 8 8 22 U.S.A.VET.ADM. VAC 1 1 1 1 1 1 LMDR MDR OS/R MDRLMDR LMDR LMDR N BETTY LN STATE ST WOODLAWN TER SEDEEVA CIR N POINSETTA AVE CHENANGO AVE BERTLAND WAY SEDEEVA CIR SSHORE DR PINECREST WAY 197112781291124512571261130112651952 132512432024 195012801949127612831954125212781271128712321273 1969 2021 1952 2025 132712901276126013101256126719471245 1295196312641234124612371235 19581249 1940 2022 19621231 1279127412562020 123012662028 127412441275127012511960 12961260125312441288128412361938 12391240 1258127712711241127312871964 126819431233½12291998 12721992 129412901286128212741235131712351247 1941 1974 12262028 1946 1994 132912851251 1249 1942 20141300 12812020 12551937 2017 1245 1995 12951996128620301232 1940 19371234 1978 1969 1987 1283126612621997 1287126712612027 123712651940 1979 2021 12772025 2026 2010 1273123312952022 2031 1961 1999 2026 12261261 12911944 1981 12332031 1257 2015 2024 12891244½-Not to Scale--Not a Survey-Rev. 6/9/2021 LOCATION MAP Owner(s): Paramount Court LLC Case: ANX2021-06011 Site: 1272 Sedeeva Circle N. Property Size(Acres): ROW (Acres): 0.186 Land Use Zoning PIN: 03-29-15-28098-000-0050 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 251B To: Residential Urban (RU) Low Medium Density Residential (LMDR) UNION ST KINGS HWY N BETTY LN DOUGLAS AVE IDLEWILD DR SUNSET POINT RD WOODLAWN TER PALM ST STATE ST BERMUDA ST POINSETTA AVE SEDEEVA CIR N ARBELIA ST THE MALL CHENANGO AVE ALOHA LN COLES RD N EVERGREEN AVE SEDEEVA CIR S MACOMBER AVE SHERIDAN RD OAKDALE WAY PINECREST WAY PROJECT SITE -Not to Scale--Not a Survey-Rev. 6/9/2021 AERIAL PHOTOGRAPH Owner(s): Paramount Court LLC Case: ANX2021-06011 Site: 1272 Sedeeva Circle N. Property Size(Acres): ROW (Acres): 0.186 Land Use Zoning PIN: 03-29-15-28098-000-0050 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 251B To: Residential Urban (RU) Low Medium Density Residential (LMDR) N BETTY LN N BETTY LN IDLEWILD DR IDLEWILD DR STATE ST STATE ST WOODLAWN TER WOODLAWN TER SEDEEVA CIR NSEDEEVA CIR N POINSETTA AVE POINSETTA AVE CHENANGO AVE CHENANGO AVE BERTLAND WAY BERTLAND WAY SEDEEVA CIR SSEDEEVA CIR SSHORE DR SHORE DR PINECREST WAY PINECREST WAY -Not to Scale--Not a Survey-Rev. 6/9/2021 EXISTING SURROUNDING USES MAP Owner(s): Paramount Court LLC Case: ANX2021-06011 Site: 1272 Sedeeva Circle N. Property Size(Acres): ROW (Acres): 0.186 Land Use Zoning PIN: 03-29-15-28098-000-0050 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 251B To: Residential Urban (RU) Low Medium Density Residential (LMDR) LAKE 28098 80388 K L M O O G B C E 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 12345678910111213 14 15 16 17 18 19 20 21 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38394041424344 45 46 47 48 49 50 51 9 18 9 10 11 12 13 14 15 16 17 18 1920 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 151617181920 2122 26 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 2627 2829 4445 4647 55 56 7 8 8 22 U.S.A.VET.ADM. VAC 1 1 1 1 1 1 N BETTY LN STATE ST WOODLAWN TER SEDEEVA CIR N POINSETTA AVE CHENANGO AVE BERTLAND WAY SEDEEVA CIR SSHORE DR PINECREST WAY 197112781291124512571261130112651952 132512432024 1950128019491276128319541252 1329127812711942128712321273 1969 2021 1952 2025 132712901276126013101256126719471245 1295196312641234124612371235 19581249 1940 2022 19621231 12791287126712611274125612652020 123012662028 127412441275127012511960 12961260125312441288128412361938 12391240 1258127712711241127312871964 126819431233½12291998 12721992 129412901286128212741235131712351247 1941 1974 12262028 1946 1994 12851251 1249 20141300 12812020 12551937 2017 1245 1995 12951996128620301232 1940 19371234 1978 1969 1987 1283126612621997 2027 12371940 1979 2021 12772025 2026 2010 1273123312952022 2031 1961 1999 2026 12261261 12911944 1981 12332031 1257 2015 2024 12891244½-Not to Scale--Not a Survey-Rev. 6/9/2021Single Family Residential Single Family Residential Single Family Residential Single Family Residential Park Single Family Residential ANX2021-06011 Paramount Court, LLC 1272 Sedeeva Circle N View looking north at subject property 1272 Sedeeva Circle N West of the subject property East of the subject property Across the street, to the south of the subject property View looking easterly along Sedeeva Circle N View looking westerly along Sedeeva Circle N Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: REZ2022-01001 Agenda Date: 5/19/2022 Status: Quasi-JudicialVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 9.1 SUBJECT/RECOMMENDATION: Approve a Zoning Atlas Amendment from the Office (O) District to the Commercial (C) District for a portion of property located at 1640 Gulf to Bay Boulevard and pass Ordinance 9555-22 on first reading. (REZ2022-01001) SUMMARY: This Zoning Atlas amendment involves a 0.74-acre portion of a 2.26-acre property located on the northeast corner of Gulf to Bay Boulevard and South Keystone Avenue. The applicant, MSCW-GTB, LLC, is requesting to rezone the north one-third of the property, approximately 0.74 acres, from the Office (O) District to the Commercial (C) District. The applicant has submitted a Future Land Use Map amendment, which is being processed concurrently with this case (LUP2022-01001). The proposed Commercial (C) District is compatible with the surrounding zoning districts and commercial, office, self-storage and overnight accommodation uses that exist in the vicinity of the property. The proposed Commercial (C) District would also allow the property to have one consistent zoning district, which will make development or redevelopment of the property easier. The applicant has indicated the desire to construct a car wash on the property while the existing office building is to remain; however, no site plans have been submitted at this time. The Planning and Development Department has determined that the proposed Zoning Atlas amendment is consistent with the provisions of the Community Development Code as specified below: ·The proposed amendment is consistent with the Comprehensive Plan and the Community Development Code. ·The proposed amendment is compatible with the surrounding properties and character of the neighborhood. ·The available uses in the Commercial (C) District are compatible with the surrounding area. ·The proposed amendment will not adversely impact or unreasonably affect the use of other property in the area. ·The proposed amendment will not adversely burden public facilities, including traffic carrying capabilities of streets in an unreasonably or disproportionate manner, and ·The proposed Commercial (C) District boundaries are appropriately drawn in regard to location and classification of street, ownership lines, existing improvements and the natural environment. The Community Development Board reviewed this application at its April 19, 2022 public Page 1 City of Clearwater Printed on 5/17/2022 File Number: REZ2022-01001 hearing and made a unanimous recommendation of approval to the Council. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 5/17/2022 Ordinance No. 9555-22 ORDINANCE NO. 9555-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING A PORTION OF CERTAIN REAL PROPERTY LOCATED ON THE NORTHEAST CORNER OF GULF TO BAY BOULEVARD AND SOUTH KEYSTONE AVENUE, WHOSE POST OFFICE ADDRESS IS 1640 GULF TO BAY BOULEVARD, CLEARWATER, FLORIDA 33755, FROM OFFICE (O) TO COMMERCIAL (C); 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 the City of Clearwater, Florida, is hereby rezoned as indicated, 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 approval of the countywide land use designation set forth in Ordinance 9554-22 by the Pinellas County Board of County Commissioners. Property Zoning District See attached Exhibit “A” for legal description; From: Office (O) To: Commercial (C) (REZ2022-01001) Ordinance No. 9555-22 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, MPA, MMC City Clerk Exhibit A  LUP2022‐01001 & REZ2022‐01001, A portion of 1640 Gulf to Bay Boulevard, 14‐29‐15‐47220‐000‐0010  A PORTION OF LOT 1, KRUEGER‐N.C.N.B. SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT  BOOK 105, PAGE 15, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED  AS FOLLOWS:  COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 1, THENCE RUN N 00°39’48” W, ALONG THE WEST LINE OF  SAID LOT 1, 280.37 FEET FOR A POINT OF BEGINNING; THENCE CONTINUE ALONG SAID WEST LINE, N 00°39’48” W,  137.77 FEET TO THE NORTH LINE OF SAID LOT 1; THENCE S 88°56’09” E ALONG SAID NORTH LINE, 235.00 FEET TO THE  EAST LINE OF SAID LOT 1; THENCE S 00°39’48” W ALONG SAID EAST LINE, 137.77 FEET; THENCE N 88°56’09” W, 235.00  FEET TO THE POINT OF BEGINNING.  CONTAINING 32,360± SQUARE FEET OR 0.74± ACRES MORE OR LESS.  Exhibit “B” 46584 49716 47220 L A 8 9 10 12 13 14 15 161718 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18192021222324 12 13 14 1 2 3 4 6 8 8 9 10 11 12 2 1 23 13/04 13/02 13/05 14/10 14/12 14/13 14/07 14/08 14/09 1.03 1.12 3.21 22 23 24 25 26 42 1 2 AC(C) ACAC 2 3 2 509 3051650 1660215 1628211 40016321630 16541700401 17001625510 5071621 16411651162016801668403 211 407 208 163016641640309 16271624212 1631206 16371644 1660167217011623200 401 311 3011658204 301 300 1698216 405 207 17091675205 1661S DUNCAN AVESKEYSTONEAVEGULF-TO-BAY BLVD RAINBOW DR S KEYSTONE DRO LMDR LMDR C -Not to Scale--Not a Survey-Rev. 2/7/2022 PROPOSED ZONING MAP Owner(s): MSCW GTB LLC Case: LUP2022-01001 REZ2022-01001 Site: A portion of 1640 Gulf to Bay Boulevard Property Size(Acres): 0.74 Land Use Zoning PIN: 14-29-15-47220-000-0010 From: Residential/Office General (R/OG) Office (O) To: Commercial General (CG) Commercial (C) Atlas Page: 288B PLANNING & DEVELOPMENT DEPARTMENT COMMUNITY DEVELOPMENT BOARD STAFF REPORT MEETING DATE: April 19, 2022 AGENDA ITEM: F.2. CASE: REZ2022-01001 REQUEST: To amend the Zoning Atlas designation for a portion of a 2.26-acre property from the Office (O) District to the Commercial (C) District. GENERAL DATA: Agent................................ Owner ............................. Robert Pergolizzi, AICP/PTP, Gulf Coast Consulting, Inc. MSCW-GTB, LLC (Attn: Mr. Neil Valk) Location ......................... 1640 Gulf to Bay Boulevard located on the northeast corner of Gulf to Bay Boulevard and South Keystone Avenue Property Size................... 2.26 acres Background: This case involves a 0.74-acre portion of a 2.26-acre property located on the northeast corner of Gulf to Bay Boulevard and South Keystone Avenue. The property is owned by MSCW-GTB, LLC and is currently developed with a 17,684 square foot office building with the only occupant being a bank branch. The existing office fronts Gulf to Bay Boulevard and the northern portion of the building has a drive-through component fronting along South Keystone Avenue. Due to there being only one tenant in the building, there is an abundance of parking, creating an economically underutilized parcel. The applicant has indicated the desire to maintain the existing office and develop a car wash also on the property. Currently, the property has two Zoning Atlas designations of Office (O) and Commercial (C). The Office (O) zoning district is on the north one-third of the property, totaling approximately 0.74 acres. The request is to change the Zoning Atlas designation for the northern portion of the property from Office (O) to Commercial (C). A request to amend the Future Land Use Map designation of this same portion of the property from the Residential/Office General (R/OG) category to the Commercial General (CG) category is being processed concurrently with this case (see LUP2022-01001). The requested amendment to the Commercial (C) District would establish a single zoning district across the site and would allow for the redevelopment of the property in the future, including to add a car wash as indicated in the application. A site plan application has not been submitted at this time, and the applicant understands that all necessary approvals and permits must be obtained before development of the subject site occurs Community Development Board – April 19, 2022 REZ2022-01001 - Page 2 of 8 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Vicinity Characteristics: Maps 1 and 2 show the general location of the property and an aerial view of the amendment area and its surroundings. Map 1 Map 2 Map 3 shows the existing surrounding uses. To the west across South Keystone Avenue is a motel, small office building, a place of worship and an automobile parts store (retail use). Adjacent to the north are a doctor’s office and physical therapy office, with detached dwellings farther north across Rainbow Drive. Adjacent to the east is a self-storage facility, a bank office and a gas station, and to the south across Gulf to Bay Boulevard is an additional bank office and retail plaza. Map 3 Community Development Board – April 19, 2022 REZ2022-01001 - Page 3 of 8 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION As shown on Map 4, the Zoning Atlas designations around the property are Office (O) abutting to the north and across South Keystone Avenue to the west, Commercial (C) abutting to the east, across South Keystone Avenue to the west, and to the south across Gulf to Bay Boulevard. Low Medium Density Residential (LMDR) also exists farther north, across Rainbow Drive. Map 4 REVIEW CRITERIA: Consistency with the Clearwater Comprehensive Plan and Community Development Code and Regulations [Section 4-602.F.1] Recommended Findings of Fact: Applicable goals and policies of the Clearwater Comprehensive Plan which support the proposed amendment include: Goal A.2 A sufficient variety and amount of future land use categories shall be provided to accommodate public demand and promote infill development. Policy A.2.2.8 Commercial land uses shall be located at the intersection of arterial or collector streets and should be sited in such a way as to minimize the intrusion of off-site impacts into residential neighborhoods. New plats and site plans shall discourage the creation of “strip commercial” zones by insuring adequate lot depths are maintained and by zoning for commercial development at major intersections. Community Development Board – April 19, 2022 REZ2022-01001 - Page 4 of 8 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Goal A.4. The City shall work toward a land use pattern that can be supported by the available community and public facilities that would be required to serve the development. Policy A.4.1.1 The Concurrency Management System shall ensure proposed development is in conformance with existing and planned support facilities for which a level of service standard has been adopted and that such facilities and services are available, at the adopted level of service standards, concurrent with the impacts of development. Policy A.5.5.4 The transition between intensive redevelopment areas and adjacent low density areas should be sensitive to the scale of development in those low density areas. Goal A.6 The City of Clearwater shall utilize innovative and flexible planning and engineering practices, and urban design standards in order to protect historic resources, ensure neighborhood preservation, redevelop blighted areas, and encourage infill development. Policy A.6.2.2 Encourage land use conversions on economically underutilized parcels and corridors, and promote redevelopment activities in these areas. Applicable section of the Community Development Code which supports the proposed amendment: Division 7, Commercial District, Section 2-701. Intent and Purpose. The intent and purpose of the Commercial District is to provide the citizens of the City of Clearwater with convenient access to goods and services throughout the city without adversely impacting the integrity of residential neighborhoods, diminishing the scenic quality of the city of negatively impacting the safe and efficient movement of people and things within the City of Clearwater. The proposed Commercial (C) District is compatible with the surrounding retail, overnight accommodation and office uses. The split zoning on the property has made infill development or redevelopment difficult, and this amendment will allow the site to have one zoning district. The applicant has indicated the property will be developed in the future with a car wash in addition to the bank office; however, no site plan has been submitted at this time. The proposed amendment would allow the property to be utilized more economically. In addition, the proposal does not degrade the level of service for public facilities below the adopted standards (a detailed public facilities analysis follows in this report). Recommended Conclusions of Law: The request does not conflict with the goals, objectives, and policies of the Clearwater Comprehensive Plan and furthers said plan and the Community Development Code as indicated above. Community Development Board – April 19, 2022 REZ2022-01001 - Page 5 of 8 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Compatibility with Surrounding Properties/Character of the City & Neighborhood [Section 4-602.F.2, 4-602.F.3 and Section 4-602.F.4] Recommended Findings of Fact: Existing surrounding uses primarily consist of offices to the north and west. A self-storage facility exists to the east with an additional bank office and gas station further east, and to the west there is a motel and automobile parts store across South Keystone Avenue. Additionally, there is a bank office and retail plaza to the south across Gulf to Bay Boulevard. The proposed Commercial (C) District is consistent with the zoning districts that exist in the vicinity of the subject property and allows for the property to have a unified zoning district. The proposed Commercial (C) District will allow for infill development on the property and is consistent with the surrounding uses that currently exist in the vicinity. Recommended Conclusions of Law: The proposed Commercial (C) District is in character with the zoning districts in the area. Further, the proposal is compatible with surrounding uses and consistent with the character of the surrounding properties and neighborhood. Sufficiency of Public Facilities [Section 4-602.F.5] Recommended Findings of Fact: Even though this is a Zoning Atlas amendment application, maximum development potential is based on the underlying future land use, so to assess the sufficiency of public facilities needed to support potential development on the proposed property, the maximum development potential under the current Future Land Use Map designation was analyzed. Table 1. Development Potential for Existing FLUM Designation Present FLUM Designation “R/OG” Requested FLUM Designation “CG” Net Change Site Area 0.74 AC (32,234 SF) 0.74 AC (32,234 SF) Maximum Development Potential 0 DUs1 / 33 Beds 0 Hotel Units 16,117 SF 0.50 FAR 0 DUs2 / 0 Beds2 29 Hotel Units 17,728 SF 0.55 FAR 0 DUs / -33 Beds + 29 Hotel Units +1,611 SF +0.05 FAR Notes: 1. Residential uses are not permitted through the consistent Office (O) District; therefore, the development potential is zero. 2. Residential and residential equivalent uses are not permitted in the consistent Commercial (C) District; therefore, the development potential is zero. Abbreviations: FLUM – Future Land Use Map DUs – Dwelling Units AC – Acres FAR – Floor Area Ratio SF – Square feet Community Development Board – April 19, 2022 REZ2022-01001 - Page 6 of 8 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION As shown in the table, there is an increase in development potential of approximately 1,600 square feet and the potential of up to 29 additional hotel units. The following analysis compares the maximum potential development of the proposed Commercial General (CG) future land use developed with a 17,728 square foot building to the maximum development potential of the existing Residential/Office General (R/OG) future land use developed with a 16,117 square foot building. Potable Water The change in development potential from this amendment would result in an increase in potable water use of up to 161 gallons per day. This increase is determined by taking the potential potable water utilization of the proposed land use developed with a non-residential use built out at the maximum square footage allowed (1,773 gallons per day) and subtracting it from the potential usage of a non-residential use built out at the maximum square footage permitted by the current land use designation (1,612 gallons per day). The City’s current potable water demand is 10.64 million gallons per day (MGD). The City’s adopted level of service (LOS) standard for potable water service is 120 gallons per day per capita, while the actual usage is estimated at 72 gallons per day per capita (2020 Annual Water Report). The City’s 10-year Water Supply Facilities Work Plan (2016-2026 Planning Period), completed October 2017, indicates that based on the updated water demand projections and other factors, the City has adequate water supply and potable water capacity for the 10-year planning horizon. Wastewater The change in development potential from this amendment would result in an increase in wastewater use of up to 129 gallons per day. This increase is determined by taking the potential potable water utilization of the proposed land use developed with a non-residential use built out at the maximum square footage allowed (1,418 gallons per day) and subtracting it from the potential usage of a non-residential use built out at the maximum square footage permitted by the current land use designations (1,289 gallons per day). The subject property is served by the Marshall Street Water Reclamation Facility, which presently has excess permitted capacity estimated to be 4.82 million gallons per day. Therefore, there is excess sanitary sewer capacity to serve the amendment area. Solid Waste The change in development potential from this amendment would increase up to 7.2 tons per year of solid waste generated. This increase is determined by taking the utilization of the proposed land use developed with a non-residential use built out at the maximum square footage permitted (78.9 tons per year) and subtracting it from the potential utilization of a non-residential use built out at the maximum square footage permitted by the current land use designations (71.7 tons per year). Pinellas County handles all solid waste disposal is handled at the Pinellas County Waste-to-Energy Plant and the Bridgeway Acres Sanitary Landfill which has significant capacity. Additionally, the City provides a full- service citywide recycling program which diverts waste from the landfill, helping to extend the lifespan of Bridgeway Acres. There is excess solid waste capacity to serve the amendment area. Community Development Board – April 19, 2022 REZ2022-01001 - Page 7 of 8 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Parkland Under both the existing and proposed future land use, the LOS citywide will continue to exceed the adopted LOS of 4 acres per 1,000 residents. The City is currently providing 7.89 acres of parkland per 1,000 residents. With the proposed future land use amendment, two additional units could be developed resulting in five additional residents. This is calculated using the most recent ACS estimate of 2.4 persons per household within the City of Clearwater. Based on this impact analysis, the current provision of 7.89 acres of parkland per 1,000 would remain unchanged [Source: Draft Parks and Recreation Facilities Impact Fee Study, prepared by Tindale Oliver Draft Date March 18, 2020]. Amending a property’s future land use or zoning designation does not have an immediate impact on the City’s Parks and Recreation system and parkland requirements. Impacts are felt when development occurs. This future land use map amendment will have no additional impact on parkland. However, Parks and Recreation Impact Fees required to provide new recreation facilities and services will be assessed at the time of development and will be based on the maximum increase in residents. Stormwater Site plan approval will be required before the property can be redeveloped. At that time, the stormwater management system for the site will be required to meet all City and SWFWMD stormwater management criteria. Streets The subject property is located on the northeast corner of Gulf to Bay Boulevard and South Keystone Avenue. To evaluate potential impacts on streets, the typical traffic impacts figure (trips per day per acre) in the Countywide Rules for the corresponding Countywide Plan Map categories (current and proposed) are compared. The current number of trips per day (65 trips) is calculated based on the per acre impact for the Office (O) category of 89 trips/day/acre. The proposed Countywide Plan Map category of Retail & Services (R&S) category has an impact of 433 trips/day/acre (320 trips); therefore, the proposed amendment could result in an additional 255 trips per day being generated. This segment of Gulf to Bay Boulevard is operating at a level of service “C” and the potential increase in trips would not degrade the level of service. Recommended Conclusions of Law: Based upon the findings of fact, the proposed development of a nonresidential use would increase the demand on several public facilities; however, it is determined that the proposed change will not result in the degradation of the current levels of service for potable water, sanitary sewer, solid waste, parkland, stormwater management and streets. Location of District Boundaries [Section 4-602.F.6] Recommended Findings of Fact: The location of the proposed Commercial (C) District boundaries is consistent with the signed and sealed legal description provided by a licensed land surveyor, and is consistent with the future land use designation set forth in concurrent case LUP2022-01001. Community Development Board – April 19, 2022 REZ2022-01001 - Page 8 of 8 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Recommended Conclusions of Law: The District boundaries are appropriately drawn in regard to location and classifications of streets, ownership lines, existing improvements and the natural environment. SUMMARY AND RECOMMENDATION: No amendment to the Zoning Atlas shall be recommended for approval or receive a final action of approval unless it complies with the standards contained in Section 4-602.F, Community Development Code. Table 2 below depicts the consistency of the proposed amendment with the standards under Section 4-602.F: Table 2. Consistency with Community Development Code Standards for Review CDC Section 4-602 Standard Consistent Inconsistent F.1 The proposed amendment is consistent with and features the goals, policies and objectives of the Comprehensive Plan and furthers the purposes of this Development Code and other city ordinances and actions designed to implement the plan. X F.2 The available uses to which the property may be put are appropriate to the property which is subject to the proposed amendment and compatible with existing and planned uses in the area. X F.3 The amendment does not conflict with the needs and character of the neighborhood and the city. X F.4 The amendment will not adversely or unreasonably affect the use of other property in the area. X F.5 The amendment will not adversely burden public facilities, including the traffic-carrying capacities of streets, in a unreasonably or disproportionate manner. X F.6 The district boundaries are appropriately drawn with due regard to locations and classifications of streets, ownership lanes, existing improvements and the natural environment. X Based on the foregoing, the Planning and Development Department recommends the following action: Recommend APPROVAL of the Zoning Atlas Amendment from the Office (O) District to the Commercial (C) District. Prepared by Planning and Development Department Staff: ________ Kyle Brotherton Senior Planner ATTACHMENTS: Ordinance No. 9555-22 Resume Photographs of Site and Vicinity LUP2022-01001, REZ2022-01001 MSCW-GTB, LLC 1640 Gulf to Bay Boulevard View looking north at subject property 1640 Gulf to Bay Boulevard East of the subject property Across the street, to the south of the subject property View looking easterly along Gulf to Bay Boulevard View looking westerly along Gulf to Bay Boulevard Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9556-22 2nd rdg Agenda Date: 5/19/2022 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 10.1 SUBJECT/RECOMMENDATION: Adopt Ordinance 9556-22 on second reading, amending the future land use element of the Comprehensive Plan of the city to change the land use designation for certain real property whose post office address is 609 Blanche B. Littlejohn Trail, Clearwater, Florida, 33755 from Institutional (I) to Residential Urban (RU). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/17/2022 Ordinance No. 9556-22 ORDINANCE NO. 9556-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF BLANCHE B LITTLEJOHN TRAIL APPROXIMATELY 115 FEET SOUTH OF ELDRIDGE STREET, WHOSE POST OFFICE ADDRESS IS 609 BLANCHE B LITTLEJOHN TRAIL, CLEARWATER, FLORIDA 33755, FROM INSTITUTIONAL (I), TO RESIDENTIAL URBAN (RU); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Future Land Use Element of the Comprehensive Plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Future Land Use Element of the Comprehensive Plan of the City of Clearwater is amended by designating the land use category for the hereinafter described properties, as follows: Properties Land Use Category See attached Exhibit “A” for legal description; From: INSTITUTIONAL (I) To: RESIDENTIAL URBAN (RU) (LUP2022-02002) The map attached as Exhibit “B” is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s Comprehensive Plan. Section 3. This ordinance shall take effect contingent upon approval of the County land use designation by the Pinellas County Board of Commissioners, where applicable, and thirty-one (31) days post-adoption. If this ordinance is appealed within thirty (30) days after adoption, then this ordinance will take effect only after approval of the County land use designation by the Pinellas County Board of Commissioners and upon issuance of a final order determining this amendment to be in compliance either by the Department of Economic Opportunity (DEO) or the Administration Commission, where applicable, pursuant to section 163.3187, Florida Statutes. The Community Development Coordinator is authorized to transmit to Forward Pinellas, in its role as the Pinellas Planning Council, an Ordinance No. 9556-22 application to amend the Countywide Plan in order to achieve consistency with the Future Land Use Plan Element of the City’s Comprehensive Plan as amended by this ordinance. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq. Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit A LEGAL DESCRIPTIONS LUP/REZ2022-02002 ========================================================================================= No. Parcel ID Lot No. Address 1. 09-29-15-08622-000-0500 Lots 50 & 51 609 Blanche B Littlejohn Trail The above in G.L. BIDWELLS OAKWOOD ADDITION TO CLEARWATER, as recorded in PLAT BOOK 1, PAGE 46, of the Public Records of Pinellas County, Florida. Exhibit “B” 3742274052651787714808622 2 3 1 2 2 18 17 16 15 6 5 4 3 2 1 3 2 42 41 40 39 38 37 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 9 10 11 12 13 14 15 16 17 18 19 20 21 1 2 3 4 6 5 1 2 3 4 1 41/07 41/08 323000 9 10 12 11 10 9 8 7 1 2 3 4 5 6 8 7 6 5 1 2 3 4 8 46 7 45 44 43 42 41 6 5 1 2 3 4 5 6 1 691 506 706 605 700642 606 408 675 711 609 658 504 508 706 709 710703 600 502 608708601 602 607803659 604705600606 515 804612711510 604 611 605 707 805705 607 609 607703 717 609 ½ 601 703 704 600 ½610612627 643 777CG RU RUCG RMI CG CBD CBD CBDCBDCBDCBDCBD CBD CG I RU RU RU I RU BLANCHEBLITTLEJOHNTRLSEMINOLE ST N MYRTLE AVEELDRIDGE ST MAPLE STSPRUCE AVEALDEN AVE-Not to Scale--Not a Survey-Rev. 2/7/2022 PROPOSED FUTURE LAND USES MAP Owner(s): City of Clearwater Case: LUP2022-02002 REZ2022-02002 Site: 609 Blanche B Littlejohn Trail Property Size(Acres): .275 Land Use Zoning PIN: 09-29-15-08622-000-0500 From: Institutional (I) Institutional (I) To: Residential Urban (RU) Low Medium Density Residential (LMDR) Atlas Page: 277B PLANNING & DEVELOPMENT DEPARTMENT COMMUNITY DEVELOPMENT BOARD STAFF REPORT MEETING DATE: April 19, 2022 AGENDA ITEM: F.3. CASE: LUP2022-02002 REQUEST: To amend the Future Land Use Map designation from Institutional (I) to Residential Urban (RU) GENERAL DATA: Owner.............................. City of Clearwater Representative................. Jon Jennings, City Manager Location .......................... 609 Blanche B. Littlejohn Trail, located on the east side of Blanche B. Littlejohn Trail approximately 115 feet south of Eldridge Street Property Size ................... 0.275 acres Background: This case involves a 0.275-acre vacant property located on the east side of Blanche B. Littlejohn Trail approximately 115 feet south of Eldridge Street. The parcel, owned by the City of Clearwater, is currently vacant; however, the property was previously occupied by a single-family detached dwelling that was demolished in June of 2018. This application is being initiated by the City as a part of an agreement with Habitat for Humanity to sell several contiguous parcels including the subject property to develop workforce housing. Following the future land use amendment, the parcel’s designation will be consistent with the other three parcels being sold. Ownership of this parcel will be transferred to Habitat for Humanity upon the future land use amendment’s effective date. The request is to change the Future Land Use Map designation of the property from Institutional (I) to Residential Urban (RU). A request to rezone the property from the Institutional (I) District to the Low Medium Density Residential (LMDR) District is being processed concurrently with this case (see REZ2022- 02002). Detached dwellings are not a listed permitted use in the Institutional (I) District and would require submission of a Comprehensive Infill Redevelopment application. The proposed amendment would allow for the property to be developed with the intended detached dwellings, and future owners would have clarity of residential standards. An amendment to the Countywide Plan Map will also be required to bring consistency between the city’s Future Land Use Map and the Countywide Plan Map. The applicant understands all necessary approvals and permits must be obtained before development of the subject site occurs. Community Development Board – April 19, 2022 LUP2022-02002 - Page 2 of 9 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Vicinity Characteristics: Maps 1 and 2 show the general location of the property and an aerial view of the amendment area and its surroundings. Map 1 Map 2 Map 3 shows the existing surrounding uses. To the west across Blanche B. Littlejohn Trail are residential uses including detached and attached (multi-family) dwellings, to the north a detached dwelling is being constructed, and to the east is a place of worship. To the south there are three vacant parcels that are also being sold to Habitat for Humanity and will be developed with three single family detached dwellings. Map 3 Community Development Board – April 19, 2022 LUP2022-02002 - Page 3 of 9 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION As shown on Map 4, the abutting future land use designations are Residential Urban (RU) to the north and south, and Institutional (I) to the east. Central Business District (CBD) exists across Blanche B. Littlejohn Trail and farther south across Maple Street, and to the north, across Eldridge Street, is a mix of Commercial General (CG), Residential Urban (RU) and Institutional (I). Map 4 A comparison between the uses, densities and intensities allowed by the present and proposed Future Land Use Map designations appears in Table 1, along with the consistent zoning districts. Table 1. Uses, Densities and Intensities Allowed by Present and Proposed Future Land Use Designations Present FLUM Designation Institutional (I) Requested FLUM Designation Residential Urban (RU) Primary Uses: Public/Private Schools; Churches; Public Offices; Hospitals; Residential Equivalent Urban Low Density Residential; Residential Equivalent Maximum Density: 12.5 Dwelling Units Per Acre 7.5 Dwelling Units Per Acre Maximum Intensity: FAR 0.65; ISR 0.85 FAR 0.40; ISR 0.65 Consistent Zoning Districts: Institutional (I) Low Medium Density Residential (LMDR); Medium Density Residential (MDR) Community Development Board – April 19, 2022 LUP2022-02002 - Page 4 of 9 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION REVIEW CRITERIA: Consistency with the Clearwater Comprehensive Plan [Sections 4-603.F.1 and 4-603.F.2] Recommended Findings of Fact: Applicable goals, objectives and policies of the Clearwater Comprehensive Plan which support the proposed amendment include: Goal A.2 A sufficient variety and amount of future land use categories shall be provided to accommodate public demand and promote infill development. Goal A.4 The City shall work toward a land use pattern that can be supported by the available community and public facilities that would be required to serve the development. Policy A.5.5.1 Development shall be designed to maintain and support the existing or envisioned character of the neighborhood. Objective C.1.1 Assure an adequate supply of housing in Clearwater by providing for additional new dwelling units in a variety of types, costs, and locations to meet the needs of the residents of the City of Clearwater. Policy C.1.2.6 The City shall identify vacant and underutilized city-owned property that may be deemed surplus property and make it available for the development of affordable housing. Policy C.1.4.4 Maintain residential zoning districts in a variety of densities and locations in order to accommodate more affordable small lots, small and medium size apartments, and mobile homes. The proposed Residential Urban (RU) future land use designation is compatible with the surrounding single- and multi-family residential uses, as well as the place of worship located in the same block. The City has entered into an agreement to sell this vacant property to Habitat for Humanity to develop workforce housing on the property; however, no site plan application has been submitted at this time. The current Institutional (I) designation does not allow for residential uses by right through the consistent Institutional (I) zoning district, whereas after this amendment new detached dwellings (up to two units) may be constructed consistent with the Low Medium Density Residential (LMDR) District (concurrent case REZ2022-02002). Overall, the intensity of development allowed will be less than what is permitted by the current Institutional (I) future land use designation and will be equal or similar to the parcels to the north and south, as well as to the west. In addition, the proposal does not degrade the level of service for public facilities below the adopted standards (a detailed public facilities analysis follows in this report). Recommended Conclusions of Law: The request does not conflict with the goals, objectives and policies of the Clearwater Comprehensive Plan and furthers said plan as indicated above. Community Development Board – April 19, 2022 LUP2022-02002 - Page 5 of 9 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Consistency with the Countywide Rules Recommended Findings of Fact: The underlying Countywide Plan Map category on the proposed amendment area is Public/Semi-Public (P/SP). The proposed amendment area is bounded by Residential Low Medium (RLM) to the north and south, Public/Semi-Public (P/SP) to the east, Recreation/Open Space (R/OS) to the west on the Pinellas Trail and Activity Center (AC) farther west across Blanche B. Littlejohn Trail. The proposed City of Clearwater future land use designation of Residential Urban (RU) will necessitate an amendment from the Public/Semi- Public (P/SP) category to the Residential Low Medium (RLM) category to maintain consistency between the City’s Future Land Use Map and the Countywide Plan Map. Section 2.3.3.3 of the Countywide Rules states that the Residential Low Medium (RLM) category is intended to depict areas that are now developed, or appropriate to be developed, in a suburban, low density or moderately dense residential manner; and to recognize such areas as primarily well-suited for residential uses that are consistent with the suburban qualities, transportation facilities, including transit, and natural resources of such areas. The proposed use, as indicated by the applicant will be residential units, which is an appropriate use within the area and consistent with the existing and surrounding Countywide Plan Map categories. Recommended Conclusions of Law: The proposed Future Land Use Map amendment is consistent with the purpose of the proposed category in the Countywide Rules Compatibility with Surrounding Properties/Character of the City & Neighborhood [Section 4-603.F.3 and Section 4-603.F.6] Recommended Findings of Fact: Existing surrounding uses primarily consist of single-family residential to the north and west and a place of worship to the east of the property. The parcels to the south are currently vacant but are zoned for residential use and are also in the process of being purchased by Habitat for Humanity to be developed as single-family detached dwellings. The proposed use of the subject property as residential is compatible with the surrounding properties and neighborhood. Recommended Conclusions of Law: The proposed Residential Urban (RU) future land use category would allow development that is in character with the Future Land Use Map designations in the area. Further, the proposal is compatible with surrounding uses and consistent with the character of the surrounding properties and neighborhood. Community Development Board – April 19, 2022 LUP2022-02002 - Page 6 of 9 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Sufficiency of Public Facilities [Section 4-603.F. 4] Recommended Findings of Fact: To assess the sufficiency of public facilities needed to support potential development on the proposed amendment area, the maximum development potential of the property under the current and requested City Future Land Use Map designations were analyzed. Table 2. Development Potential for Existing & Proposed FLUM Designations Present FLUM Designation “I” Requested FLUM Designation “RU” Net Change Site Area 0.275 AC (11,979 SF) 0.275 AC (11,979 SF) Maximum Development Potential 0 DUs / 9 Beds1 7,786 SF 0.65 FAR 2 DUs / 0 Beds2 0 SF3 0.40 FAR +2 DUs / -9 Beds -7,786 SF -0.25 FAR Notes: 1. Residential uses are not permitted through the consistent Institutional (I) District; however, residential equivalent uses are permitted (3 beds per unit per acre). 2. Residential equivalent uses are not permitted through the consistent Low Medium Density Residential (LMDR) District. 3.FAR is not used to regulate residential uses and there are no non-residential uses permitted through the requested Low Density Residential (LMDR) District zoning; therefore, the square footage development potential is zero. Abbreviations: FLUM – Future Land Use Map DUs – Dwelling Units AC – Acres FAR – Floor Area Ratio SF – Square feet As shown in the table, there is an increase in residential development potential of two units. The following analysis compares the maximum potential development of the proposed Residential Urban (RU) future land use developed with two units to the maximum development potential of the existing Institutional (I) future land use category developed with a 7,786 SF nonresidential (institutional) use. Potable Water The change in development potential from this amendment would result in a decrease in potable water use of up to 301.9 gallons per day. This decrease is determined by taking the potential potable water utilization of the proposed land use developed with the maximum number of dwelling units allowed (479.1 gallons per day) and subtracting it from the potential usage of an institutional use built out at the maximum square footage permitted by the current land use designation (781 gallons per day). The City’s current potable water demand is 10.64 million gallons per day (MGD). The City’s adopted level of service (LOS) standard for potable water service is 120 gallons per day per capita, while the actual usage is estimated at 72 gallons per day per capita (2020 Annual Water Report). The City’s 10-year Water Supply Facilities Work Plan (2016-2026 Planning Period), completed October 2017, indicates that based on the updated water demand projections and other factors, the City has adequate water supply and potable water capacity for the 10-year planning horizon. Community Development Board – April 19, 2022 LUP2022-02002 - Page 7 of 9 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Wastewater The change in development potential from this amendment would result in a decrease in wastewater use of up to 320 gallons per day. This decrease is determined by taking the potential potable water utilization of the proposed land use developed with the maximum number of dwelling units allowed (383 gallons per day) and subtracting it from the potential usage of an institutional use built out at the maximum square footage permitted by the current land use designation (703 gallons per day). The subject property is served by the Marshall Street Water Reclamation Facility, which presently has excess permitted capacity estimated to be 4.82 million gallons per day. Therefore, there is excess sanitary sewer capacity to serve the amendment area. Solid Waste The change in development potential from this amendment would increase up to 5.3 tons per year of solid waste generated. This increase is determined by taking the utilization of the proposed land use developed with the maximum number of dwelling units (12.9 tons per year) and subtracting it from the potential utilization of an institutional use built out at the maximum square footage permitted by the current land use designation (7.6 tons per year). Pinellas County handles all solid waste disposal is handled at the Pinellas County Waste-to-Energy Plant and the Bridgeway Acres Sanitary Landfill which has significant capacity. Additionally, the City provides a full- service citywide recycling program which diverts waste from the landfill, helping to extend the lifespan of Bridgeway Acres. There is excess solid waste capacity to serve the amendment area. Parkland Under both the existing and proposed future land use, the LOS citywide will continue to exceed the adopted LOS of 4 acres per 1,000 residents. The City is currently providing 7.89 acres of parkland per 1,000 residents. With the proposed future land use amendment, two additional units could be developed resulting in approximately five additional residents. This is calculated using the most recent ACS estimate of 2.4 persons per household within the City of Clearwater. Based on this impact analysis, the current provision of 7.89 acres of parkland per 1,000 would remain unchanged [Source: Draft Parks and Recreation Facilities Impact Fee Study, prepared by Tindale Oliver Draft Date March 18, 2020]. Amending a property’s future land use or zoning designation does not have an immediate impact on the City’s Parks and Recreation system and parkland requirements. Impacts are felt when development occurs. This future land use map amendment will have no additional impact on parkland. However, Parks and Recreation Impact Fees required to provide new recreation facilities and services will be assessed at the time of development and will be based on the maximum increase in residents. Stormwater Site plan approval will be required before the property can be redeveloped. At that time, the stormwater management system for the site will be required to meet all City and SWFWMD stormwater management criteria. Community Development Board – April 19, 2022 LUP2022-02002 - Page 8 of 9 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Streets The subject property is located on the east side of Blanche B. Littlejohn Trail approximately 115 feet south of Eldridge Street. To evaluate potential impacts on streets, the typical traffic impacts figure (trips per day per acre) in the Countywide Rules for the corresponding Countywide Plan Map categories (current and proposed) are compared. The current number of trips per day (52 trips) is calculated based on the per acre impact for the Institutional (I) category of 192 trips/day/acre. The proposed Countywide Plan Map category of Residential Low Medium (RLM) category has an impact of 67 trips/day/acre (24 trips); therefore, the proposed amendment could result in a reduction of 28 trips per day per acre. Recommended Conclusions of Law: Based upon the findings of fact, the proposed change would decrease the demand on several public facilities including potable water, sanitary sewer, parkland, stormwater management, and streets; but would potentially see an increase in solid waste. However, this will not result in the degradation of the current levels of service for solid waste. Impact on Natural Resources [Section 4-603.F.5] Recommended Findings of Fact: No wetlands appear to be located on the subject property. The City’s codes require that development is compliant with the City’s tree preservation, landscaping and stormwater management requirements. Recommended Conclusions of Law: Based on the findings of fact, it is determined that the proposed Future Land Use Map amendment will not negatively impact natural resources on the subject property. Community Development Board – April 19, 2022 LUP2022-02002 - Page 9 of 9 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION SUMMARY AND RECOMMENDATION: No amendment to the Comprehensive Plan or Future Land Use Map shall be recommended for approval or receive a final action of support unless it complies with the standards contained in Section 4-603.F, Community Development Code. Table 3 below depicts the consistency of the proposed amendment with the standards under to Section 4-603.F: Table 3. Consistency with Community Development Code Standards for Review CDC Section 4-603 Standard Consistent Inconsistent F.1 The amendment will further implementation of the Comprehensive Plan consistent with the goals, policies and objectives contained in the Plan. X F.2 The amendment is not inconsistent with other provisions of the Comprehensive Plan. X F.3 The available uses, if applicable, to which the properties may be put are appropriate to the properties in question and compatible with existing and planned uses in the area. X F.4 Sufficient public facilities are available to serve the properties. X F.5 The amendment will not adversely affect the natural environment. X F.6 The amendment will not adversely impact the use of properties in the immediate area. X Based on the foregoing, the Planning and Development Department recommends the following action: Recommend APPROVAL of the Future Land Use Map Amendment from Institutional (I) to Residential Urban (RU). Prepared by Planning and Development Department Staff: Dylan Prins Planner ATTACHMENTS: Ordinance No. 9556-22 Resume Photographs of Site and Vicinity PLAZA ST HART ST JONES STNGARDENAVE VINE AVENFORTHARRISONAVESEMINOLE ST ELDRIDGE ST N MYRTLE AVEPENNSYLVANIA AVEPALMETTO ST GEORGIA ST BLANCHEBLITTLEJOHNTRLNICHOLSON ST MAPLE STNOSCEOLAAVECEDAR ST ALDEN AVESPRUCE AVEMETTO ST PROJECT SITE -Not to Scale--Not a Survey-Rev. 2/7/2022 LOCATION MAP Owner(s): City of Clearwater Case: LUP2022-02002 REZ2022-02002 Site: 609 Blanche B Littlejohn Trail Property Size(Acres): .275 Land Use Zoning PIN: 09-29-15-08622-000-0500 From: Institutional (I) Institutional (I) To: Residential Urban (RU) Low Medium Density Residential (LMDR) Atlas Page: 277B BBLLAANNCCHHEEBBLLIITTTTLLEEJJOOHHNNTTRRLLSEMINOLE STSEMINOLE ST N MYRTLE AVEN MYRTLE AVEELDRIDGE STELDRIDGE ST MAPLE STMAPLE STSPRUCE AVESPRUCE AVEALDEN AVEALDEN AVE-Not to Scale--Not a Survey-Rev. 2/7/2022 AERIAL PHOTOGRAPH Owner(s): City of Clearwater Case: LUP2022-02002 REZ2022-02002 Site: 609 Blanche B Littlejohn Trail Property Size(Acres): .275 Land Use Zoning PIN: 09-29-15-08622-000-0500 From: Institutional (I) Institutional (I) To: Residential Urban (RU) Low Medium Density Residential (LMDR) Atlas Page: 277B 3742274052651787714808622 2 3 1 2 2 18 17 16 15 6 5 4 3 2 1 3 2 42 41 40 39 38 37 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 9 10 11 12 13 14 15 16 17 18 19 20 21 1 2 3 4 6 5 1 2 3 4 1 41/07 41/08 323000 9 10 12 11 10 9 8 7 1 2 3 4 5 6 8 7 6 5 1 2 3 4 8 46 7 45 44 43 42 41 6 5 1 2 3 4 5 6 1 691 506 706 605 700642 606 408 675 711 609 658 504 508 706 709 710703 600 502 608708601 602 607803659 604705600606 515 804612711510 604 611 605 707 805705 607 609 607703 717 609 ½ 601 703 704 600 ½610612627 643 777BLANCHEBLITTLEJOHNTRLSEMINOLE ST N MYRTLE AVEELDRIDGE ST MAPLE STSPRUCE AVEALDEN AVE-Not to Scale--Not a Survey-Rev. 2/7/2022 EXISTING SURROUNDING USES MAP Owner(s): City of Clearwater Case: LUP2022-02002 REZ2022-02002 Site: 609 Blanche B Littlejohn Trail Property Size(Acres): .275 Land Use Zoning PIN: 09-29-15-08622-000-0500 From: Institutional (I) Institutional (I) To: Residential Urban (RU) Low Medium Density Residential (LMDR) Atlas Page: 277B Place of Worship Detached Dwellings Detached Dwellings Multi Family VacantDetached Dwelling Detached Dwelling Vacant Radio Office and Tower Parking Retail Clearwater Gas Department Commercial 3742274052651787714808622 2 3 1 2 2 18 17 16 15 6 5 4 3 2 1 3 2 42 41 40 39 38 37 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 9 10 11 12 13 14 15 16 17 18 19 20 21 1 2 3 4 6 5 1 2 3 4 1 41/07 41/08 323000 9 10 12 11 10 9 8 7 1 2 3 4 5 6 8 7 6 5 1 2 3 4 8 46 7 45 44 43 42 41 6 5 1 2 3 4 5 6 1 691 506 706 605 700642 606 408 675 711 609 658 504 508 706 709 710703 600 502 608708601 602 607803659 604705600606 515 804612711510 604 611 605 707 805705 607 609 607703 717 609 ½ 601 703 704 600 ½610612627 643 777CG RU RUCG RMI CG CBD CBD CBDCBDCBDCBDCBD CBD CG I RU RU RU I RU BLANCHEBLITTLEJOHNTRLSEMINOLE ST N MYRTLE AVEELDRIDGE ST MAPLE STSPRUCE AVEALDEN AVE-Not to Scale--Not a Survey-Rev. 2/7/2022 PROPOSED FUTURE LAND USES MAP Owner(s): City of Clearwater Case: LUP2022-02002 REZ2022-02002 Site: 609 Blanche B Littlejohn Trail Property Size(Acres): .275 Land Use Zoning PIN: 09-29-15-08622-000-0500 From: Institutional (I) Institutional (I) To: Residential Urban (RU) Low Medium Density Residential (LMDR) Atlas Page: 277B LUP/REZ2022-02002 City of Clearwater 609 Blanche B Littlejohn Trail View looking east at subject property on the Blanche B Littlejohn Trail North of the subject property South of the subject property Across the street, to the west of the subject property View looking southerly along Blanche B Littlejohn Trail View looking northerly along Blanche B Littlejohn Trail Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9557-22 2nd rdg Agenda Date: 5/19/2022 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 10.2 SUBJECT/RECOMMENDATION: Adopt Ordinance 9557-22 on second reading, amending the Zoning Atlas of the city by rezoning certain real property whose post office address is 609 Blanche B. Littlejohn Trail, Clearwater, Florida, 33755, from Institutional (I) to Low Medium Density Residential (LMDR). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/17/2022 Ordinance No. 9557-22 ORDINANCE NO. 9557-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF BLANCHE B LITTLEJOHN TRAIL APPROXIMATELY 115 FEET SOUTH OF ELDRIDGE STREET, WHOSE POST OFFICE ADDRESS IS 609 BLANCHE B LITTLEJOHN TRAIL, CLEARWATER, FLORIDA 33755, FROM INSTITUTIONAL (I) TO 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 the City of Clearwater, Florida, is hereby rezoned as indicated, 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 approval of the County land use designation set forth in Ordinance 9556-22 by the Pinellas County Board of County Commissioners. Property Zoning District See attached Exhibit “A” for legal description; From: Institutional (I) To: Low Medium Density Residential (LMDR) (REZ2022-02002) Ordinance No. 9557-22 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, MPA, MMC City Clerk Exhibit A LEGAL DESCRIPTIONS LUP/REZ2022-02002 ========================================================================================= No. Parcel ID Lot No. Address 1. 09-29-15-08622-000-0500 Lots 50 & 51 609 Blanche B Littlejohn Trail The above in G.L. BIDWELLS OAKWOOD ADDITION TO CLEARWATER, as recorded in PLAT BOOK 1, PAGE 46, of the Public Records of Pinellas County, Florida. Exhibit “B” 3742274052651787714808622 2 3 1 2 2 18 17 16 15 6 5 4 3 2 1 3 2 42 41 40 39 38 37 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 9 10 11 12 13 14 15 16 17 18 19 20 21 1 2 3 4 6 5 1 2 3 4 1 41/07 41/08 323000 9 10 12 11 10 9 8 7 1 2 3 4 5 6 8 7 6 5 1 2 3 4 8 46 7 45 44 43 42 41 6 5 1 2 3 4 5 6 1 691 506 706 605 700642 606 408 675 711 609 658 504 508 706 709 710703 600 502 608708601 602 607803659 604705600606 515 804612711510 604 611 605 707 805705 607 609 607703 717 609 ½ 601 703 704 600 ½610612627 643 777BLANCHEBLITTLEJOHNTRLSEMINOLE ST N MYRTLE AVEELDRIDGE ST MAPLE STSPRUCE AVEALDEN AVED MDR I C I LMDR I MDR-Not to Scale--Not a Survey-Rev. 2/7/2022 PROPOSED ZONING MAP Owner(s): City of Clearwater Case: LUP2022-02002 REZ2022-02002 Site: 609 Blanche B Littlejohn Trail Property Size(Acres): .275 Land Use Zoning PIN: 09-29-15-08622-000-0500 From: Institutional (I) Institutional (I) To: Residential Urban (RU) Low Medium Density Residential (LMDR) Atlas Page: 277B PLANNING & DEVELOPMENT DEPARTMENT COMMUNITY DEVELOPMENT BOARD STAFF REPORT MEETING DATE: April 19, 2022 AGENDA ITEM: F.1. CASE: REZ2022-02002 REQUEST: To amend the Zoning Atlas designation from the Institutional (I) District to the Low Medium Density Residential (LMDR) District. GENERAL DATA: Owner ............................. Representative................. City of Clearwater Jon Jennings, City Manager Location ......................... 609 Blanche B. Littlejohn Trail, located on the east side of Blanche B. Littlejohn Trail approximately 115 feet south of Eldridge Street Property Size................... 0.275 acres Background: This case involves a 0.275-acre vacant property located on the east side of Blanche B. Littlejohn Trail approximately 115 feet south of Eldridge Street. The parcel, owned by the City of Clearwater, is currently vacant; however, the property was previously occupied by a single-family detached dwelling that was demolished in June of 2018. This application is being initiated by the City as a part of an agreement with Habitat for Humanity to sell several contiguous parcels including the subject property to develop workforce housing. Following the future land use amendment, the parcel’s designation will be consistent with the other three parcels being sold. Ownership of this parcel will be transferred to Habitat for Humanity upon the future land use amendment’s effective date. The request is to change the property’s Zoning Atlas designation from Institutional (I) District to Low Medium Density Residential (LMDR) District. A request to amend the future land use designation of the property from the Institutional (I) to the Residential Urban (RU) is being processed concurrently with this case (see LUP2022-02002). Detached dwellings are not a listed permitted use in the Institutional (I) District and would require submission of a Comprehensive Infill Redevelopment application. The proposed amendment would allow for the property to be developed with the intended detached dwellings, and future owners would have clarity of residential standards. Community Development Board – April 19, 2022 REZ2022-02002 - Page 2 of 8 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Vicinity Characteristics: Maps 1 and 2 show the general location of the property and an aerial view of the amendment area and its surroundings. Map 1 Map 2 Map 3 shows the existing surrounding uses. To the west across Blanche B. Littlejohn Trail are residential uses including detached and attached (multi-family) dwellings, to the north a detached dwelling is being constructed, and to the east is a place of worship. To the south there are three vacant parcels that are also being sold to Habitat for Humanity and will be developed with three single-family detached dwellings. Map 3 Community Development Board – April 19, 2022 REZ2022-02002 - Page 3 of 8 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION As shown on Map 4, the abutting Zoning Districts are Low Medium Density Residential (LMDR) to the north and south, and Institutional (I) to the east. Downtown (D) exists across Blanche B. Littlejohn Trail and farther south across Maple Street, and to the north, across Eldridge Street, is a mix of Commercial (C), Medium Density Residential (MDR), and Institutional (I). Map 4 REVIEW CRITERIA: Consistency with the Clearwater Comprehensive Plan and Community Development Code and Regulations [Sections 4-602.F.1] Recommended Findings of Fact: Applicable goal, objectives and policies of the Clearwater Comprehensive Plan which support the proposed amendment include: Goal A.2 A sufficient variety and amount of future land use categories shall be provided to accommodate public demand and promote infill development. Goal A.4 The City shall work toward a land use pattern that can be supported by the available community and public facilities that would be required to serve the development. Policy A.5.5.1 Development shall be designed to maintain and support the existing or envisioned character of the neighborhood. Community Development Board – April 19, 2022 REZ2022-02002 - Page 4 of 8 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Objective C.1.1 Assure an adequate supply of housing in Clearwater by providing for additional new dwelling units in a variety of types, costs, and locations to meet the needs of the residents of the City of Clearwater. Policy C.1.2.6 The City shall identify vacant and underutilized city-owned property that may be deemed surplus property and make it available for the development of affordable housing. Policy C.1.4.4 Maintain residential zoning districts in a variety of densities and locations in order to accommodate more affordable small lots, small and medium size apartments, and mobile homes. Applicable section of the Community Development Code which supports the proposed amendment: Division 2, Low Medium Density Residential District, Section 2-201. Intent and Purpose. The intent and purpose of the Low Medium Density Residential District ("LMDR") is to protect and preserve the integrity and value of existing, stable residential neighborhoods of low to medium density while at the same time, allowing a careful and deliberate redevelopment and revitalization of such neighborhoods in need of revitalization or neighborhoods with unique amenities which create unique opportunities to increase property values and the overall attractiveness of the City. The proposed Low Medium Density Residential (LMDR) District is compatible with the surrounding single- and multi-family residential uses, as well as the place of worship located in the same block. The City has entered into an agreement to sell this vacant property to Habitat for Humanity to develop workforce housing on the property; however, no site plan application has been submitted at this time. The current Institutional (I) zoning district does not allow for residential uses by right, whereas after this amendment new detached dwellings (up to two units) may be constructed consistent with the Low Medium Density Residential (LMDR) District. Overall, the intensity of development allowed will be less than what is permitted by the current Institutional (I) future land use designation and will be equal or similar to the parcels to the north and south, as well as to the west (concurrent case LUP2022-02002). In addition, the proposal does not degrade the level of service for public facilities below the adopted standards (a detailed public facilities analysis follows in this report). Recommended Conclusions of Law: The request does not conflict with the goals, objectives, and policies of the Clearwater Comprehensive Plan and furthers said plan and the Community Development Code as indicated above. Compatibility with Surrounding Properties/Character of the City & Neighborhood [Section 4-602.F.2, 4-602.F.3 and Section 4-602.F.4] Recommended Findings of Fact: Existing surrounding uses primarily consist of single-family residential to the north and west and a place of worship to the east of the property. The parcels to the south are currently vacant but are zoned for residential use and are also in the process of being purchased by Habitat for Humanity to be developed as single-family detached dwellings. The proposed use of the subject property as residential is compatible with the surrounding properties and neighborhood. Community Development Board – April 19, 2022 REZ2022-02002 - Page 5 of 8 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Recommended Conclusions of Law: The proposed Low Medium Density Residential (LMDR) District would allow development that is in character with the Future Land Use Map designations in the area. Further, the proposal is compatible with surrounding uses and consistent with the character of the surrounding properties and neighborhood. Sufficiency of Public Facilities [Section 4-602.F.5] Recommended Findings of Fact: Even though this is a Zoning Atlas amendment application, maximum development potential is based on the underlying future land use, so to assess the sufficiency of public facilities needed to support potential development on the proposed property, the maximum development potential under the current Future Land Use Map designation was analyzed. As shown in Table 1, due to the differences in permitted uses of the current and proposed zoning districts, the development potential of non-residential uses (based on FAR) would be reduced from a maximum potential of 7,786 square feet to zero square feet, and residential uses would increase from zero dwelling units to up to two dwelling units if the property were able to develop at the maximum permitted density (7.5 units per acre). Table 1. Development Potential for Existing FLUM Designation Present FLUM Designation “I” Requested FLUM Designation “RU” Net Change Site Area 0.275 AC (11,979 SF) 0.275 AC (11,979 SF) Maximum Development Potential 0 DUs / 9 Beds1 7,786 SF 0.65 FAR 2 DUs / 0 Beds2 0 SF3 0.40 FAR +2 DUs / -9 Beds -7,786 SF -0.25 FAR Notes: 1. Residential uses are not permitted through the consistent Institutional (I) District; however, residential equivalent uses are permitted (3 beds per unit per acre). 2. Residential equivalent uses are not permitted through the consistent Low Medium Density Residential (LMDR) District. 3.FAR is not used to regulate residential uses and there are no non-residential uses permitted through the requested Low Density Residential (LMDR) District zoning; therefore, the square footage development potential is zero. Abbreviations: FLUM – Future Land Use Map DUs – Dwelling Units AC – Acres FAR – Floor Area Ratio SF – Square feet Potable Water The change in development potential from this amendment would result in a decrease in potable water use of up to 301.9 gallons per day. This decrease is determined by taking the potential potable water utilization of the proposed land use developed with the maximum number of dwelling units allowed (479.1 gallons per day) and subtracting it from the potential usage of an institutional use built out at the maximum square footage permitted by the current land use designation (781 gallons per day). Community Development Board – April 19, 2022 REZ2022-02002 - Page 6 of 8 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION The City’s current potable water demand is 10.64 million gallons per day (MGD). The City’s adopted level of service (LOS) standard for potable water service is 120 gallons per day per capita, while the actual usage is estimated at 72 gallons per day per capita (2020 Annual Water Report). The City’s 10-year Water Supply Facilities Work Plan (2016-2026 Planning Period), completed October 2017, indicates that based on the updated water demand projections and other factors, the City has adequate water supply and potable water capacity for the 10-year planning horizon. Wastewater The change in development potential from this amendment would result in a decrease in wastewater use of up to 320 gallons per day. This decrease is determined by taking the potential potable water utilization of the proposed land use developed with the maximum number of dwelling units allowed (383 gallons per day) and subtracting it from the potential usage of an institutional use built out at the maximum square footage permitted by the current land use designation (703 gallons per day). The subject property is served by the Marshall Street Water Reclamation Facility, which presently has excess permitted capacity estimated to be 4.82 million gallons per day. Therefore, there is excess sanitary sewer capacity to serve the amendment area. Solid Waste The change in development potential from this amendment would increase up to 5.3 tons per year of solid waste generated. This increase is determined by taking the utilization of the proposed land use developed with the maximum number of dwelling units (12.9 tons per year) and subtracting it from the potential utilization of an institutional use built out at the maximum square footage permitted by the current land use designation (7.6 tons per year). Pinellas County handles all solid waste disposal is handled at the Pinellas County Waste-to-Energy Plant and the Bridgeway Acres Sanitary Landfill which has significant capacity. Additionally, the City provides a full- service citywide recycling program which diverts waste from the landfill, helping to extend the lifespan of Bridgeway Acres. There is excess solid waste capacity to serve the amendment area. Parkland Under both the existing and proposed future land use, the LOS citywide will continue to exceed the adopted LOS of 4 acres per 1,000 residents. The City is currently providing 7.89 acres of parkland per 1,000 residents. With the proposed future land use amendment, two additional units could be developed resulting in approximately five additional residents. This is calculated using the most recent ACS estimate of 2.4 persons per household within the City of Clearwater. Based on this impact analysis, the current provision of 7.89 acres of parkland per 1,000 would remain unchanged [Source: Draft Parks and Recreation Facilities Impact Fee Study, prepared by Tindale Oliver Draft Date March 18, 2020]. Amending a property’s future land use or zoning designation does not have an immediate impact on the City’s Parks and Recreation system and parkland requirements. Impacts are felt when development occurs. This future land use map amendment will have no additional impact on parkland. However, Parks and Recreation Impact Fees required to provide new recreation facilities and services will be assessed at the time of development and will be based on the maximum increase in residents. Community Development Board – April 19, 2022 REZ2022-02002 - Page 7 of 8 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Stormwater Site plan approval will be required before the property can be redeveloped. At that time, the stormwater management system for the site will be required to meet all City and SWFWMD stormwater management criteria. Streets The subject property is located on the east side of Blanche B. Littlejohn Trail approximately 115 feet south of Eldridge Street. To evaluate potential impacts on streets, the typical traffic impacts figure (trips per day per acre) in the Countywide Rules for the corresponding Countywide Plan Map categories (current and proposed) are compared. The current number of trips per day (52 trips) is calculated based on the per acre impact for the Institutional (I) category of 192 trips/day/acre. The proposed Countywide Plan Map category of Residential Low Medium (RLM) category has an impact of 67 trips/day/acre (24 trips); therefore, the proposed amendment could result in a reduction of 28 trips per day per acre. Recommended Conclusions of Law: Based upon the findings of fact, the proposed change would decrease the demand on several public facilities including potable water, sanitary sewer, parkland, stormwater management, and streets; but would potentially see an increase in solid waste. However, this will not result in the degradation of the current levels of service for solid waste. Location of District Boundaries [Section 4-602.F.6] Recommended Findings of Fact: The location of the proposed Low Medium Density Residential (LMDR) District is logical and consistent with the boundaries of the subject property. Recommended Conclusions of Law: The District boundaries are appropriately drawn in regard to location and classifications of streets, ownership lines, existing improvements and the natural environment. Community Development Board – April 19, 2022 REZ2022-02002 - Page 8 of 8 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION SUMMARY AND RECOMMENDATION: No amendment to the Zoning Atlas shall be recommended for approval or receive a final action of approval unless it complies with the standards contained in Section 4-602.F, Community Development Code. Table 2 below depicts the consistency of the proposed amendment with the standards under Section 4-602.F: Table 2. Consistency with Community Development Code Standards for Review CDC Section 4-602 Standard Consistent Inconsistent F.1 The proposed amendment is consistent with and features the goals, policies and objectives of the Comprehensive Plan and furthers the purposes of this Development Code and other city ordinances and actions designed to implement the plan. X F.2 The available uses to which the property may be put are appropriate to the property which is subject to the proposed amendment and compatible with existing and planned uses in the area. X F.3 The amendment does not conflict with the needs and character of the neighborhood and the city. X F.4 The amendment will not adversely or unreasonably affect the use of other property in the area. X F.5 The amendment will not adversely burden public facilities, including the traffic-carrying capacities of streets, in a unreasonably or disproportionate manner. X F.6 The district boundaries are appropriately drawn with due regard to locations and classifications of streets, ownership lanes, existing improvements and the natural environment. X Based on the foregoing, the Planning and Development Department recommends the following action: Recommend APPROVAL of the Zoning Atlas Amendment from the Institutional (I) District to the Low Medium Density Residential (LMDR) District. Prepared by Planning and Development Department Staff: ________ Dylan Prins Planner ATTACHMENTS: Ordinance No. 9557-22 Resume Photographs of Site and Vicinity PLAZA ST HART ST JONES STNGARDENAVE VINE AVENFORTHARRISONAVESEMINOLE ST ELDRIDGE ST N MYRTLE AVEPENNSYLVANIA AVEPALMETTO ST GEORGIA ST BLANCHEBLITTLEJOHNTRLNICHOLSON ST MAPLE STNOSCEOLAAVECEDAR ST ALDEN AVESPRUCE AVEMETTO ST PROJECT SITE -Not to Scale--Not a Survey-Rev. 2/7/2022 LOCATION MAP Owner(s): City of Clearwater Case: LUP2022-02002 REZ2022-02002 Site: 609 Blanche B Littlejohn Trail Property Size(Acres): .275 Land Use Zoning PIN: 09-29-15-08622-000-0500 From: Institutional (I) Institutional (I) To: Residential Urban (RU) Low Medium Density Residential (LMDR) Atlas Page: 277B BBLLAANNCCHHEEBBLLIITTTTLLEEJJOOHHNNTTRRLLSEMINOLE STSEMINOLE ST N MYRTLE AVEN MYRTLE AVEELDRIDGE STELDRIDGE ST MAPLE STMAPLE STSPRUCE AVESPRUCE AVEALDEN AVEALDEN AVE-Not to Scale--Not a Survey-Rev. 2/7/2022 AERIAL PHOTOGRAPH Owner(s): City of Clearwater Case: LUP2022-02002 REZ2022-02002 Site: 609 Blanche B Littlejohn Trail Property Size(Acres): .275 Land Use Zoning PIN: 09-29-15-08622-000-0500 From: Institutional (I) Institutional (I) To: Residential Urban (RU) Low Medium Density Residential (LMDR) Atlas Page: 277B 3742274052651787714808622 2 3 1 2 2 18 17 16 15 6 5 4 3 2 1 3 2 42 41 40 39 38 37 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 9 10 11 12 13 14 15 16 17 18 19 20 21 1 2 3 4 6 5 1 2 3 4 1 41/07 41/08 323000 9 10 12 11 10 9 8 7 1 2 3 4 5 6 8 7 6 5 1 2 3 4 8 46 7 45 44 43 42 41 6 5 1 2 3 4 5 6 1 691 506 706 605 700642 606 408 675 711 609 658 504 508 706 709 710703 600 502 608708601 602 607803659 604705600606 515 804612711510 604 611 605 707 805705 607 609 607703 717 609 ½ 601 703 704 600 ½610612627 643 777BLANCHEBLITTLEJOHNTRLSEMINOLE ST N MYRTLE AVEELDRIDGE ST MAPLE STSPRUCE AVEALDEN AVE-Not to Scale--Not a Survey-Rev. 2/7/2022 EXISTING SURROUNDING USES MAP Owner(s): City of Clearwater Case: LUP2022-02002 REZ2022-02002 Site: 609 Blanche B Littlejohn Trail Property Size(Acres): .275 Land Use Zoning PIN: 09-29-15-08622-000-0500 From: Institutional (I) Institutional (I) To: Residential Urban (RU) Low Medium Density Residential (LMDR) Atlas Page: 277B Place of Worship Detached Dwellings Detached Dwellings Multi Family VacantDetached Dwelling Detached Dwelling Vacant Radio Office and Tower Parking Retail Clearwater Gas Department Commercial 3742274052651787714808622 2 3 1 2 2 18 17 16 15 6 5 4 3 2 1 3 2 42 41 40 39 38 37 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 9 10 11 12 13 14 15 16 17 18 19 20 21 1 2 3 4 6 5 1 2 3 4 1 41/07 41/08 323000 9 10 12 11 10 9 8 7 1 2 3 4 5 6 8 7 6 5 1 2 3 4 8 46 7 45 44 43 42 41 6 5 1 2 3 4 5 6 1 691 506 706 605 700642 606 408 675 711 609 658 504 508 706 709 710703 600 502 608708601 602 607803659 604705600606 515 804612711510 604 611 605 707 805705 607 609 607703 717 609 ½ 601 703 704 600 ½610612627 643 777BLANCHEBLITTLEJOHNTRLSEMINOLE ST N MYRTLE AVEELDRIDGE ST MAPLE STSPRUCE AVEALDEN AVED MDR I C I LMDR I MDR-Not to Scale--Not a Survey-Rev. 2/7/2022 PROPOSED ZONING MAP Owner(s): City of Clearwater Case: LUP2022-02002 REZ2022-02002 Site: 609 Blanche B Littlejohn Trail Property Size(Acres): .275 Land Use Zoning PIN: 09-29-15-08622-000-0500 From: Institutional (I) Institutional (I) To: Residential Urban (RU) Low Medium Density Residential (LMDR) Atlas Page: 277B LUP/REZ2022-02002 City of Clearwater 609 Blanche B Littlejohn Trail View looking east at subject property on the Blanche B Littlejohn Trail North of the subject property South of the subject property Across the street, to the west of the subject property View looking southerly along Blanche B Littlejohn Trail View looking northerly along Blanche B Littlejohn Trail Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9561-22d 2nd rdg Agenda Date: 5/19/2022 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 10.3 SUBJECT/RECOMMENDATION: Adopt Ordinance 9561-22 on second reading, annexing certain unaddressed real properties located on the east side of US Highway 19 North approximately 1,170 feet south of Sunset Point Road, all in Clearwater, Florida 33759 into the corporate boundaries of the city and redefining the boundary lines of the city to include said additions. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/17/2022 Ordinance No. 9561-22 ORDINANCE NO. 9561-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN UNADDRESSED REAL PROPERTIES LOCATED ON THE EAST SIDE OF US HIGHWAY 19 NORTH APPROXIMATELY 1,170 FEET SOUTH OF SUNSET POINT ROAD, ALL IN 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; (ANX2021-12020) 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. 9561-22 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, MPA, MMC City Clerk Exhibit A LEGAL DESCRIPTIONS ANX2021-12020 ========================================================================================= No. Parcel ID Lot No., Block No. Address 1. 05-29-16-00000-320-0200 0 U.S. Highway 19 N. Begin at the Northwest corner of the SW 1/4 of Section 5, Township 29 South, Range 16 East and run thence S 1° 08' 45" W. along the Section line 228.08 feet; thence S 88° 34' 39" E., 100. 0 feet; thence S 1° 08' 45" W., 33.0 feet; thence S 88° 34' 39" E., 16.0 feet for P.O.B.; thence S 88° 34' 39" E., along the Southerly boundary of County Road #50, 300.0 feet to the NW corner of Carlton Terrace as recorded in Plat Book 41, Page 16 of the public records of Pinellas County, Florida; thence S 1° 08' 45" W., along the Westerly boundary of said Carlton Terrace 1063.82 feet to the Southwest corner of said Carlton Terrace; thence N 89° 40' 43" W., along the 40-acre line 300.0 feet; thence N 1° 08' 45" E., along the Easterly boundary of U.S. Highway #19, 1009.59 feet; thence N 16° 05' 38" E., 62.01 feet to the P.O.B.; Less the South 419.0 feet thereof and LESS the following described tract: Begin at the Northwest corner of the SW 1/4 of Section 5, Township 29 South, Range 16 East, and run thence S. 1° 08' 45" W. along the section line 228.08 ft.; thence S. 88° 34' 39" E, 100.0 feet; thence S. 1° 08' 45" W., 33.0 feet; thence S. 88° 34' 39" E., 16.0 feet for P.O.B.; thence S. 88° 34' 39" E., 254.0 feet; thence S. 1° 08' 45" W., 170.0 feet; thence N. 88° 34' 39" W., 270.0 feet; thence N. 1° 08' 45" E., 110.0 feet; thence N. 16° 05' 38" E., 62.01 feet to P.O.B. No. Parcel ID Lot No., Block No. Address 2. 05-29-16-00000-320-0300 0 U.S. Highway 19 N. The South Four Hundred Nineteen feet (S. 419’) of the West Four Hundred feet (W. 400’) of the Northwest One-quarter (N.W. ¼) of the Southwest One-Quarter (S.W. ¼) of Section 5, Township 29 South, Range 16 East, LESS the West One Hundred feet (W. 100’) for road right-of-way, situated on U.S. Highway 19 North. Exhibit “B” PROPOSED ANNEXATION Owner(s): Gilbert G. Jannelli Case: ANX2021-12020 Site: Unaddressed (0) US Highway 19 N Property Size(Acres): ROW (Acres): 6.16 Land Use Zoning PIN: 05-29-16-00000-320-0200 05-29-16-00000-320-0300 From : CP Commercial Parkway Atlas Page: 264A To: Residential/Office/ Retail (R/O/R) US 19-Neighborhood Center (US 19-NC) US 19 W US-19 FRONTAGE RDEUS-19FRONTAGERDSOUTH DR MORNINGSIDE DR WOODRING DR CARLTON DRUS Hwy 19 N23582 1800 2640 236## 1824 1813 1830 1866 1778263123894 235##26431807 2618 186523837 263423509 1804 1806 1837 1831 23902 1801 26411825 1860 262523499 2622642239## 1824 2636 1836 1774 23886 23894 1830 26351812 1848 23610 1819 1842 1818 1854 1836 2612 23660181223656263426451818 1806 1800 2648237## 238##26372365423894 -Not to Scale--Not a Survey-Rev. 1/21/2022 LOCATION MAP Owner(s): Gilbert G. Jannelli Case: ANX2021-12020 Site: Unaddressed (0) US Highway 19 N Property Size(Acres): ROW (Acres): 6.16 Land Use Zoning PIN: 05-29-16-00000-320-0200 05-29-16-00000-320-0300 From : CP Commercial Parkway Atlas Page: 264A To: Residential/Office/ Retail (R/O/R) US 19-Neighborhood Center (US 19-NC) US 19 AUDREY DRWOODRING DR STA G R U N B L V D SUNSET POINT RD MORNINGSIDE DRW US-19 FRONTAGE RDUS Hwy 19 NE US-19 FRONTAGE RDN TERRACE DR COACH MANPLAZADRCARLTON DRSOUTH DRLAWSON RDHARBOR CIR OWEN DRCARDINAL DR^PROJECT SITE -Not to Scale--Not a Survey-Rev. 1/24/2022 ^ PROJECT SITE AERIAL PHOTOGRAPH Owner(s): Gilbert G. Jannelli Case: ANX2021-12020 Site: Unaddressed (0) US Highway 19 N Property Size(Acres): ROW (Acres): 6.16 Land Use Zoning PIN: 05-29-16-00000-320-0200 05-29-16-00000-320-0300 From : CP Commercial Parkway Atlas Page: 264A To: Residential/Office/ Retail (R/O/R) US 19-Neighborhood Center (US 19-NC) US 19 1865 2641W US-19 FRONTAGE RDW US-19 FRONTAGE RDEEUUSS--1199FFRROONNTTAAGGEERRDDSOUTH DRSOUTH DR MMOORRNNIINNGGSSIIDDEE DDRR WOODRING DRWOODRING DR CARLTON DRCARLTON DRUS Hwy 19 NUS Hwy 19 N-Not to Scale--Not a Survey-Rev. 1/21/2022 EXISTING SURROUNDING USES MAP Owner(s): Gilbert G. Jannelli Case: ANX2021-12020 Site: Unaddressed (0) US Highway 19 N Property Size(Acres): ROW (Acres): 6.16 Land Use Zoning PIN: 05-29-16-00000-320-0200 05-29-16-00000-320-0300 From : CP Commercial Parkway Atlas Page: 264A To: Residential/Office/ Retail (R/O/R) US 19-Neighborhood Center (US 19-NC) US 19 W US-19 FRONTAGE RDEUS-19FRONTAGERDSOUTH DR MORNINGSIDE DR WOODRING DR CARLTON DRUS Hwy 19 N23582 1800 2640 236## 1824 1813 1830 1866 1778263123894 235##26431807 2618 186523837 263423509 1804 1806 1837 1831 23902 1801 26411825 1860 262523499 2622642239## 1824 2636 1836 1774 23886 23894 1830 26351812 1848 23610 1819 1842 1818 1854 1836 2612 23660181223656263426451818 1806 1800 2648237## 238##26372365423894 -Not to Scale--Not a Survey-Rev. 1/21/2022 Retail Plaza Automobile Sales Vacant Stormwater Ponds Detached Dwellings ANX2021-12020 Gilbert G. Jannelli Unaddressed US Highway 19 North View looking east at the northern unaddressed property South of the northern subject property North of the northern subject property Across the street, to the west of the northern subject property View looking northerly along US Highway 19 North View looking southerly along US Highway 19 North ANX2021-12020 Gilbert G. Jannelli Unaddressed US Highway 19 North View looking east at the southern unaddressed property South of the northern subject property North of the southern subject property Across the street, to the west of the northern subject property View looking northerly along US Highway 19 North View looking southerly along US Highway 19 North Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9562-22d 2nd rdg Agenda Date: 5/19/2022 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 10.4 SUBJECT/RECOMMENDATION: Adopt Ordinance 9562-22 on second reading, amending the future land use element of the Comprehensive Plan of the city to designate the land use for certain unaddressed real properties located on the east side of US Highway 19 North approximately 1,170 feet south of Sunset Point Road, all in Clearwater, Florida 33759, upon annexation into the City of Clearwater as US 19-Neighborhood Center (US19-NC). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/17/2022 Ordinance No. 9562-22 ORDINANCE NO. 9562-22 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 UNADDRESSED REAL PROPERTIES LOCATED ON THE EAST SIDE OF US HIGHWAY 19 NORTH APPROXIMATELY 1,170 FEET SOUTH OF SUNSET POINT ROAD, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS US 19-NEIGHBORHOOD CENTER (US 19-NC); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Future Land Use Element of the Comprehensive Plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Future Land Use Element of the Comprehensive Plan of the City of Clearwater is amended by designating the land use category for the hereinafter described properties, upon annexation into the City of Clearwater, as follows: Property Land Use Category See attached Exhibit “A” for legal descriptions; US 19 Neighborhood Center (US 19- NC) (ANX2021-12020) 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 subject to the City’s adoption of Ordinance 9561-22 and contingent upon approval of the Countywide Plan land use designation by the Pinellas County Board of Commissioners, where applicable, thirty-one (31) days post-adoption, pursuant to Section 163.3187, Florida Statutes. If this ordinance is appealed within thirty (30) days after adoption, then this ordinance will take effect only after approval of the Countywide Plan land use designation by the Pinellas County Board of Commissioners and upon issuance of a final order determining this amendment to be in compliance either by the Department of Economic Opportunity (DEO) or the Administration Commission, where applicable, pursuant to section 163.3187, Florida Statutes. The Community Development Coordinator is authorized to transmit to Forward Pinellas, in its role as the Pinellas Planning Council, an application to amend the Ordinance No. 9562-22 Countywide Plan in order to achieve consistency with the Future Land Use Plan Element of the City’s Comprehensive Plan as amended by this ordinance. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq. Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit A LEGAL DESCRIPTIONS ANX2021-12020 ========================================================================================= No. Parcel ID Lot No., Block No. Address 1. 05-29-16-00000-320-0200 0 U.S. Highway 19 N. Begin at the Northwest corner of the SW 1/4 of Section 5, Township 29 South, Range 16 East and run thence S 1° 08' 45" W. along the Section line 228.08 feet; thence S 88° 34' 39" E., 100. 0 feet; thence S 1° 08' 45" W., 33.0 feet; thence S 88° 34' 39" E., 16.0 feet for P.O.B.; thence S 88° 34' 39" E., along the Southerly boundary of County Road #50, 300.0 feet to the NW corner of Carlton Terrace as recorded in Plat Book 41, Page 16 of the public records of Pinellas County, Florida; thence S 1° 08' 45" W., along the Westerly boundary of said Carlton Terrace 1063.82 feet to the Southwest corner of said Carlton Terrace; thence N 89° 40' 43" W., along the 40-acre line 300.0 feet; thence N 1° 08' 45" E., along the Easterly boundary of U.S. Highway #19, 1009.59 feet; thence N 16° 05' 38" E., 62.01 feet to the P.O.B.; Less the South 419.0 feet thereof and LESS the following described tract: Begin at the Northwest corner of the SW 1/4 of Section 5, Township 29 South, Range 16 East, and run thence S. 1° 08' 45" W. along the section line 228.08 ft.; thence S. 88° 34' 39" E, 100.0 feet; thence S. 1° 08' 45" W., 33.0 feet; thence S. 88° 34' 39" E., 16.0 feet for P.O.B.; thence S. 88° 34' 39" E., 254.0 feet; thence S. 1° 08' 45" W., 170.0 feet; thence N. 88° 34' 39" W., 270.0 feet; thence N. 1° 08' 45" E., 110.0 feet; thence N. 16° 05' 38" E., 62.01 feet to P.O.B. No. Parcel ID Lot No., Block No. Address 2. 05-29-16-00000-320-0300 0 U.S. Highway 19 N. The South Four Hundred Nineteen feet (S. 419’) of the West Four Hundred feet (W. 400’) of the Northwest One-quarter (N.W. ¼) of the Southwest One-Quarter (S.W. ¼) of Section 5, Township 29 South, Range 16 East, LESS the West One Hundred feet (W. 100’) for road right-of-way, situated on U.S. Highway 19 North. Exhibit “B” PROPOSED FUTURE LAND USE MAP Owner(s): Gilbert G. Jannelli Case: ANX2021-12020 Site: Unaddressed (0) US Highway 19 N Property Size(Acres): ROW (Acres): 6.16 Land Use Zoning PIN: 05-29-16-00000-320-0200 05-29-16-00000-320-0300 From : Resiential/Office/ Retail (R/O/R) CP Commercial Parkway Atlas Page: 264A To: US 19-Neighborhood Center (US 19-NC) US 19 W US-19 FRONTAGE RDEUS-19FRONTAGERDSOUTH DR MORNINGSIDE DR WOODRING DR CARLTON DRUS Hwy 19 N23582 1800 2640 236## 1824 1813 1830 1866 1778263123894 235##26431807 2618 186523837 263423509 1804 1806 1837 1831 23902 1801 26411825 1860 262523499 26226421824 2636 1836 1774 23886 1830 26351812 1848 23610 1819 1842 1818 1854 1836 2612 23660181223656263426451818 1806 1800 2648237## 238##263723654US 19-NC RLRU RL RL US 19-NC R/O/R RL US 19-NC RU US 19-NC WATER US 19-NC -Not to Scale--Not a Survey-Rev. 1/25/2022 LOCATION MAP Owner(s): Gilbert G. Jannelli Case: ANX2021-12020 Site: Unaddressed (0) US Highway 19 N Property Size(Acres): ROW (Acres): 6.16 Land Use Zoning PIN: 05-29-16-00000-320-0200 05-29-16-00000-320-0300 From : CP Commercial Parkway Atlas Page: 264A To: Residential/Office/ Retail (R/O/R) US 19-Neighborhood Center (US 19-NC) US 19 AUDREY DRWOODRING DR STA G R U N B L V D SUNSET POINT RD MORNINGSIDE DRW US-19 FRONTAGE RDUS Hwy 19 NE US-19 FRONTAGE RDN TERRACE DR COACH MANPLAZADRCARLTON DRSOUTH DRLAWSON RDHARBOR CIR OWEN DRCARDINAL DR^PROJECT SITE -Not to Scale--Not a Survey-Rev. 1/24/2022 ^ PROJECT SITE AERIAL PHOTOGRAPH Owner(s): Gilbert G. Jannelli Case: ANX2021-12020 Site: Unaddressed (0) US Highway 19 N Property Size(Acres): ROW (Acres): 6.16 Land Use Zoning PIN: 05-29-16-00000-320-0200 05-29-16-00000-320-0300 From : CP Commercial Parkway Atlas Page: 264A To: Residential/Office/ Retail (R/O/R) US 19-Neighborhood Center (US 19-NC) US 19 1865 2641W US-19 FRONTAGE RDW US-19 FRONTAGE RDEEUUSS--1199FFRROONNTTAAGGEERRDDSOUTH DRSOUTH DR MMOORRNNIINNGGSSIIDDEE DDRR WOODRING DRWOODRING DR CARLTON DRCARLTON DRUS Hwy 19 NUS Hwy 19 N-Not to Scale--Not a Survey-Rev. 1/21/2022 EXISTING SURROUNDING USES MAP Owner(s): Gilbert G. Jannelli Case: ANX2021-12020 Site: Unaddressed (0) US Highway 19 N Property Size(Acres): ROW (Acres): 6.16 Land Use Zoning PIN: 05-29-16-00000-320-0200 05-29-16-00000-320-0300 From : CP Commercial Parkway Atlas Page: 264A To: Residential/Office/ Retail (R/O/R) US 19-Neighborhood Center (US 19-NC) US 19 W US-19 FRONTAGE RDEUS-19FRONTAGERDSOUTH DR MORNINGSIDE DR WOODRING DR CARLTON DRUS Hwy 19 N23582 1800 2640 236## 1824 1813 1830 1866 1778263123894 235##26431807 2618 186523837 263423509 1804 1806 1837 1831 23902 1801 26411825 1860 262523499 2622642239## 1824 2636 1836 1774 23886 23894 1830 26351812 1848 23610 1819 1842 1818 1854 1836 2612 23660181223656263426451818 1806 1800 2648237## 238##26372365423894 -Not to Scale--Not a Survey-Rev. 1/21/2022 Retail Plaza Automobile Sales Vacant Stormwater Ponds Detached Dwellings ANX2021-12020 Gilbert G. Jannelli Unaddressed US Highway 19 North View looking east at the northern unaddressed property South of the northern subject property North of the northern subject property Across the street, to the west of the northern subject property View looking northerly along US Highway 19 North View looking southerly along US Highway 19 North ANX2021-12020 Gilbert G. Jannelli Unaddressed US Highway 19 North View looking east at the southern unaddressed property South of the northern subject property North of the southern subject property Across the street, to the west of the northern subject property View looking northerly along US Highway 19 North View looking southerly along US Highway 19 North Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9563-22d 2nd rdg Agenda Date: 5/19/2022 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 10.5 SUBJECT/RECOMMENDATION: Adopt Ordinance 9563-22 on second reading, amending the Zoning Atlas of the city by zoning certain unaddressed real properties located on the east side of US Highway 19 North approximately 1,170 feet south of Sunset Point Road, all in Clearwater, Florida 33759, upon annexation into the City of Clearwater, as US 19. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/17/2022 Ordinance No. 9563-22 ORDINANCE NO. 9563-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN UNADDRESSED REAL PROPERTIES LOCATED ON THE EAST SIDE OF US HIGHWAY 19 NORTH APPROXIMATELY 1,170 FEET SOUTH OF SUNSET POINT ROAD, ALL IN CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS US 19; PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described 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 9561-22, and subject to the approval of the land use designation set forth in Ordinance 9562-22 and the Countywide Plan land use designation approved by the Pinellas County Board of County Commissioners. Property Zoning District See attached Exhibit “A” for legal descriptions; US 19 (ANX2021-12020) Ordinance No. 9563-22 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, MPA, MMC City Clerk Exhibit A LEGAL DESCRIPTIONS ANX2021-12020 ========================================================================================= No. Parcel ID Lot No., Block No. Address 1. 05-29-16-00000-320-0200 0 U.S. Highway 19 N. Begin at the Northwest corner of the SW 1/4 of Section 5, Township 29 South, Range 16 East and run thence S 1° 08' 45" W. along the Section line 228.08 feet; thence S 88° 34' 39" E., 100. 0 feet; thence S 1° 08' 45" W., 33.0 feet; thence S 88° 34' 39" E., 16.0 feet for P.O.B.; thence S 88° 34' 39" E., along the Southerly boundary of County Road #50, 300.0 feet to the NW corner of Carlton Terrace as recorded in Plat Book 41, Page 16 of the public records of Pinellas County, Florida; thence S 1° 08' 45" W., along the Westerly boundary of said Carlton Terrace 1063.82 feet to the Southwest corner of said Carlton Terrace; thence N 89° 40' 43" W., along the 40-acre line 300.0 feet; thence N 1° 08' 45" E., along the Easterly boundary of U.S. Highway #19, 1009.59 feet; thence N 16° 05' 38" E., 62.01 feet to the P.O.B.; Less the South 419.0 feet thereof and LESS the following described tract: Begin at the Northwest corner of the SW 1/4 of Section 5, Township 29 South, Range 16 East, and run thence S. 1° 08' 45" W. along the section line 228.08 ft.; thence S. 88° 34' 39" E, 100.0 feet; thence S. 1° 08' 45" W., 33.0 feet; thence S. 88° 34' 39" E., 16.0 feet for P.O.B.; thence S. 88° 34' 39" E., 254.0 feet; thence S. 1° 08' 45" W., 170.0 feet; thence N. 88° 34' 39" W., 270.0 feet; thence N. 1° 08' 45" E., 110.0 feet; thence N. 16° 05' 38" E., 62.01 feet to P.O.B. No. Parcel ID Lot No., Block No. Address 2. 05-29-16-00000-320-0300 0 U.S. Highway 19 N. The South Four Hundred Nineteen feet (S. 419’) of the West Four Hundred feet (W. 400’) of the Northwest One-quarter (N.W. ¼) of the Southwest One-Quarter (S.W. ¼) of Section 5, Township 29 South, Range 16 East, LESS the West One Hundred feet (W. 100’) for road right-of-way, situated on U.S. Highway 19 North. Exhibit “B” PROPOSED ZONING MAP Owner(s): Gilbert G. Jannelli Case: ANX2021-12020 Site: Unaddressed (0) US Highway 19 N Property Size(Acres): ROW (Acres): 6.16 Land Use Zoning PIN: 05-29-16-00000-320-0200 05-29-16-00000-320-0300 From : Resiential/Office/ Retail (R/O/R) CP Commercial Parkway Atlas Page: 264A To: US 19-Neighborhood Center (US 19-NC) US 19 US 19 W US-19 FRONTAGE RDEUS-19FRONTAGERDSOUTH DR MORNINGSIDE DR WOODRING DR CARLTON DRUS Hwy 19 N23582 1800 2640 236## 1824 1813 1830 1866 1778263123894 235##26431807 2618 186523837 263423509 1804 1806 1837 1831 23902 1801 26411825 1860 262523499 26226421824 2636 1836 1774 23886 1830 26351812 1848 23610 1819 1842 1818 1854 1836 2612 23660181223656263426451818 1806 1800 2648237## 238##263723654US 19 LMDR LMDR LMDR LMDR LMDR LMDR P LMDR-Not to Scale--Not a Survey-Rev. 1/25/2022 LOCATION MAP Owner(s): Gilbert G. Jannelli Case: ANX2021-12020 Site: Unaddressed (0) US Highway 19 N Property Size(Acres): ROW (Acres): 6.16 Land Use Zoning PIN: 05-29-16-00000-320-0200 05-29-16-00000-320-0300 From : CP Commercial Parkway Atlas Page: 264A To: Residential/Office/ Retail (R/O/R) US 19-Neighborhood Center (US 19-NC) US 19 AUDREY DRWOODRING DR STA G R U N B L V D SUNSET POINT RD MORNINGSIDE DRW US-19 FRONTAGE RDUS Hwy 19 NE US-19 FRONTAGE RDN TERRACE DR COACH MANPLAZADRCARLTON DRSOUTH DRLAWSON RDHARBOR CIR OWEN DRCARDINAL DR^PROJECT SITE -Not to Scale--Not a Survey-Rev. 1/24/2022 ^ PROJECT SITE AERIAL PHOTOGRAPH Owner(s): Gilbert G. Jannelli Case: ANX2021-12020 Site: Unaddressed (0) US Highway 19 N Property Size(Acres): ROW (Acres): 6.16 Land Use Zoning PIN: 05-29-16-00000-320-0200 05-29-16-00000-320-0300 From : CP Commercial Parkway Atlas Page: 264A To: Residential/Office/ Retail (R/O/R) US 19-Neighborhood Center (US 19-NC) US 19 1865 2641W US-19 FRONTAGE RDW US-19 FRONTAGE RDEEUUSS--1199FFRROONNTTAAGGEERRDDSOUTH DRSOUTH DR MMOORRNNIINNGGSSIIDDEE DDRR WOODRING DRWOODRING DR CARLTON DRCARLTON DRUS Hwy 19 NUS Hwy 19 N-Not to Scale--Not a Survey-Rev. 1/21/2022 EXISTING SURROUNDING USES MAP Owner(s): Gilbert G. Jannelli Case: ANX2021-12020 Site: Unaddressed (0) US Highway 19 N Property Size(Acres): ROW (Acres): 6.16 Land Use Zoning PIN: 05-29-16-00000-320-0200 05-29-16-00000-320-0300 From : CP Commercial Parkway Atlas Page: 264A To: Residential/Office/ Retail (R/O/R) US 19-Neighborhood Center (US 19-NC) US 19 W US-19 FRONTAGE RDEUS-19FRONTAGERDSOUTH DR MORNINGSIDE DR WOODRING DR CARLTON DRUS Hwy 19 N23582 1800 2640 236## 1824 1813 1830 1866 1778263123894 235##26431807 2618 186523837 263423509 1804 1806 1837 1831 23902 1801 26411825 1860 262523499 2622642239## 1824 2636 1836 1774 23886 23894 1830 26351812 1848 23610 1819 1842 1818 1854 1836 2612 23660181223656263426451818 1806 1800 2648237## 238##26372365423894 -Not to Scale--Not a Survey-Rev. 1/21/2022 Retail Plaza Automobile Sales Vacant Stormwater Ponds Detached Dwellings ANX2021-12020 Gilbert G. Jannelli Unaddressed US Highway 19 North View looking east at the northern unaddressed property South of the northern subject property North of the northern subject property Across the street, to the west of the northern subject property View looking northerly along US Highway 19 North View looking southerly along US Highway 19 North ANX2021-12020 Gilbert G. Jannelli Unaddressed US Highway 19 North View looking east at the southern unaddressed property South of the northern subject property North of the southern subject property Across the street, to the west of the northern subject property View looking northerly along US Highway 19 North View looking southerly along US Highway 19 North Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9571-22 2nd rdg Agenda Date: 5/19/2022 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 10.6 SUBJECT/RECOMMENDATION: Adopt Ordinance 9571-22 on second reading, vacating the 10-foot wide platted utility easement located on Lots 9 and 10, Block X, Bay Terrace and Bay Terrace Addition, according to the map or plat thereof, as recorded in Plat Book 13, Page 22 of the public records of Pinellas County, Florida. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/17/2022 [RE15-1313-080/286622/1] 1 Ord. No. 9571-22 ORDINANCE NO. 9571-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING THE 10-FOOT-WIDE PLATTED UTILITY EASEMENT, LOCATED ON LOTS 9 AND 10, BLOCK X, BAY TERRACE AND BAY TERRACE ADDITION, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 13, PAGE 22, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner in fee title of real property described and depicted in Exhibit “A” (attached hereto and incorporated herein), has requested that the City vacate said utility easement; and WHEREAS, the City Council of the City of Clearwater, Florida finds that said utility easement is not necessary for municipal use and it is deemed to be in the best interest of the City and the general public that the same be vacated; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: A utility easement described as follows: See Exhibit “A” is hereby vacated, closed and released, and the City of Clearwater releases all of its right, title and interest thereto, contingent upon, and subject to, the following conditions precedent: 1. Duke has no objections provided the Northerly, rear lot 5-foot-wide platted easement will remain fully intact with no gap in easement. 2. Easements granted and/or actions taken as required above by each entity, shall be in the location and in accordance with the 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. [RE15-1313-080/286622/1] 2 Ord. No. 9571-22 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 Mahony Rosemarie Call Senor Assistant City Attorney City Clerk Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 22-11 Agenda Date: 5/19/2022 Status: City Manager ReportVersion: 1 File Type: ResolutionIn Control: Finance Agenda Number: 11.1 SUBJECT/RECOMMENDATION: Designate an underwriting team consisting of BofA Securities, Inc.; J.P. Morgan Securities LLC; Raymond James and Associates; RBC Capital Markets, LLC; and Wells Fargo Securities, to provide investment banking services to manage future negotiated bond sales for the City of Clearwater and adopt Resolution 22-11. SUMMARY: In order to be in a position to efficiently conduct appropriate future long-term bond financing transactions, the City of Clearwater Finance Department seeks council approval of an underwriting team of investment banking firms to manage future negotiated bond sales. The City issued Request for Qualification (RFQ) #16-22 to select the team of investment banking firms and received a total of twelve responses for consideration. The proposed team will consist of five firms selected through the RFQ process and will serve for a five-year period. The City’s Finance Director or designee will designate the senior and co-managers from the team for each transaction. The RFQ selection committee recommends for Council approval a five-firm team consisting of BofA Securities, Inc.; J.P. Morgan Securities LLC; Raymond James & Associates; RBC Capital Markets, LLC; and Wells Fargo Securities. Page 1 City of Clearwater Printed on 5/17/2022 RESOLUTION 22-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA, DESIGNATING A TEAM OF INVESTMENT BANKING FIRMS TO PROVIDE BOND UNDERWRITING SERVICES; PROVIDING FOR INCIDENTAL ACTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Clearwater, Florida (the “City”) determined it is in the best interest of the City to assemble a team of bond underwriters to serve the City; and WHEREAS, the City issued a request for qualifications (“RFQ”) to qualified investment banking firms on February 22, 2022, and received responses thereto on March 24, 2022; and WHEREAS, based on the responses received by the City and recommendations from City staff, the City now desires to select a team of investment banking firms to serve as bond underwriters to the City; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: SECTION 1. This Resolution is adopted pursuant to the provisions of Article VIII, Section 2 of the Constitution of the State of Florida, Chapter 166, Florida Statutes, the Charter of the City of Clearwater, Florida and other applicable provisions of law. SECTION 2. The City hereby selects BofA Securities, Inc.; J.P. Morgan Securities LLC; Raymond James & Associates; RBC Capital Markets, LLC; and Wells Fargo Securities as its team of bond underwriters (the “Underwriters”). The selected Underwriters will serve the City for a period of five (5) years from the date hereof. SECTION 3. The City will, in its sole discretion, determine in connection with each negotiated financing during the term specified in Section 2 above, the number of Underwriters to use on each future negotiated financing in accordance with the authorization of the issuance of each such financing, and in each such case, designate which firm, if any, will serve as senior manager or co-manager for each transaction. SECTION 4. If any section of part of a section of this Resolution can be declared invalid or unconstitutional, the validity, force and effect of any other section or part of a section of this Resolution shall not thereby by affected or impaired unless it clearly appears that such other section or part of a section of this Resolution is wholly or necessarily depended upon the section or part of a section so held to be invalid or unconstitutional. SECTION 5. All prior resolutions of the Issuer inconsistent with the provisions of this resolution are hereby modified, supplemented and amended to conform with the provisions herein contained and except as otherwise modified, supplemented and amended hereby shall remain in full force and effect. SECTION 6. This resolution shall become effective immediately upon its adoption. Passed and adopted by the City Council of the City of Clearwater, Florida, this 19th day of May, 2022. _____________________________ Frank V. Hibbard Mayor Approved as to form: Attest: ___________________________ ___________________________ David Margolis Rosemarie Call City Attorney City Clerk Procurement Division 100 S Myrtle Ave Clearwater FL 33756-5520 PO Box 4748, 33578-4748 727-562-4630 Tel REQUEST FOR QUALIFICATIONS #16-22 Bond Underwriting Services February 22, 2022 NOTICE IS HEREBY GIVEN that sealed Statements of Qualifications will be received by the City of Clearwater (City) until 10:00 AM, Local Time, March 24, 2022 to provide Bond Underwriting Services. Brief Description: The City of Clearwater is seeking qualified investment banking firms interested in serving as a member of the City’s bond underwriting team. 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 Bond Underwriting Services 2 RFQ #16-22 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: March 24, 2022 Time: 10:00 AM (Local Time) The City will open all responses properly and timely submitted and will record the names and other information specified by law and rule. All responses become the property of the City and will not be returned except in the case of a late submission. Respondent names, as read at the opening, will be posted on the City website. Once a notice of intent to award is posted or 30 days from day of opening elapses, whichever occurs earlier, responses are available for inspection by contacting the Procurement Division. i.4 SUBMIT RESPONSES TO: It is recommended that responses are submitted electronically through our bids website at https://www.myclearwater.com/business/rfp. Respondents may mail or hand-deliver responses to the address below. E-mail or fax submissions will not be accepted. Use label at the end of this solicitation package City of Clearwater Attn: Procurement Division 100 S Myrtle Ave, 3rd Fl, Clearwater FL 33756-5520 or PO Box 4748, Clearwater FL 33758-4748 Responses will be received at this address. Respondents may mail or hand-deliver proposals; e- mail or fax submissions will not be accepted. No responsibility will attach to the City of Clearwater, its employees or agents for premature opening of a response that is not properly addressed and identified. i.5 LATE RESPONSES. The respondent assumes responsibility for having the response delivered on time at the place specified. All responses received after the date and time specified shall not be considered and will be returned unopened to the respondent. The respondent assumes the risk of any delay in the mail or in handling of the mail by employees of the City of Clearwater, or any private courier, regardless whether sent by mail or by means of personal delivery. It shall not be sufficient to show that you mailed or commenced delivery before the due date and time. All times are Clearwater, Florida local times. The respondent agrees to accept the time stamp in the City’s Procurement Division as the official time. i.6 LOBBYING; LOBBYING NO-CONTACT PERIOD; QUESTIONS REGARDING SOLICITATION. From the time a competitive solicitation is posted until such time as the contract is awarded by the city or the solicitation is cancelled, all bidders, offerors, respondents, including their employees, representatives, and other individuals acting on their behalf, shall be prohibited from lobbying city officers, city employees, and evaluation committee members. INSTRUCTIONS Bond Underwriting Services 3 RFQ #16-22 Violation of this section may result in rejection/disqualification from award of the contract arising out of the competitive solicitation. All questions regarding the competitive solicitation must be directed to the procurement manager or designee, who will respond in writing and post such response to ensure that all respondents receive the same information during the No-Contact Period. The penalty for violating the No-Contact Period may include suspension or debarment 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 INSTRUCTIONS Bond Underwriting Services 4 RFQ #16-22 acknowledged and agreed to by the City. The copy maintained and published by the City shall be the official solicitation document. i.12 ETHICS. It is the intention of the City to promote courtesy, fairness, impartiality, integrity, service, professionalism, economy, and government by law in the Procurement process. The responsibility for implementing this policy rests with each individual who participates in the procurement process, including respondents and contractors. To achieve the purpose of this Article, it is essential that respondents and contractors doing business with the City also observe the ethical standards prescribed herein. It shall be a breach of ethical standards to: 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 RIGHT TO PROTEST. Pursuant to Section 2.562(3), Clearwater Code of Ordinances, a bidder who submitted a response to a competitive solicitation and was not selected may appeal the decision through the bid protest procedures, a copy of which shall be available in the Procurement Division. A protesting bidder must include a fee of one percent of the amount of the bid or proposed contract to offset the City’s additional expenses related to the protest. This fee shall not exceed $5,000.00 nor be less than $50.00. Full refund will be provided should the protest be upheld. No partial refunds will be made. 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 Bond Underwriting Services 5 RFQ #16-22 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 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, pp. 11-12) Points Experience of Firm with Relevant Financings (Tab 2) 25 Experience of Firm’s Key Personnel and Underwriter(s) (Tab 3) 25 Marketing and Distribution Capabilities (Tab 4) 20 Ability and Willingness to Commit Capital (Tab 5) 20 Additional Information: References, Litigation (Tab 6) 10 i.17 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.18 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.19 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 INSTRUCTIONS – EVALUATION Bond Underwriting Services 6 RFQ #16-22 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: February 22, 2022 Advertise Tampa Bay Times: February 23, 2022 Responses due: March 24, 2022 Review responses/presentations: March 24, 2022-April 13, 2022 Award recommendation: April 13, 2022 Council authorization: May 2022 Contract begins: June 2022 DETAILED SPECIFICATIONS Bond Underwriting Services 7 RFQ #16-22 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. GENERAL PURPOSE. The City of Clearwater (City) seeks qualified investment banking firms interested in serving as bond underwriter to the City. The City intends to assemble a team of underwriters to serve the City for a period of five (5) years – June 2022 through May 2027. The City cannot project or guarantee number of negotiated issues that will be completed over this time period. The City anticipates selecting an underwriter or underwriters from the established pool for each transaction based on firm’s service and coverage to the City, including suggestions of new ideas, strategies, or techniques; performance on behalf of the City on prior transactions; and/or other demonstrated services and commitment to the City. The City strives to maintain ongoing communication and relationships with its investment banking pool. The City reserves the right to determine the number of underwriters and to select the underwriter(s) for each specific transaction at its sole discretion and is not obligated to retain any specific firm for any financing. Existence of the underwriting pool shall not prohibit the City from using a competitive bidding process, bank loans, or other financing vehicles in instances where the City deems the use of these or alternative financing structures to be in the City’s best interest. 3. SCOPE OF SERVICES. The required services of the senior managing underwriter include, but are not limited to, the following: • Participate in review and drafting of all bond documents, including the Preliminary Official Statement, Official Statement, Continuing Disclosure Agreement, and other necessary legal documents • Assist in preparation and discussions with rating agencies and bond insurers, if requested • Make recommendations for important aspects of the proposed financing, including, but not limited to: the timing of the sale, the overall sales approach, the structure of the bonds, the call provisions, and the use of credit enhancement • Lead the underwriting team in marketing and distributing the bonds to both retail and institutional investors, in an attempt to access the largest possible selection of investors • Underwrite the financing based upon terms and conditions agreed to by both the City and the underwriters in the Bond Purchase Agreement • Provide detailed and specific information as it relates to the orders and allotments on the specific financing, if requested • Assist with the closing of the bonds, including reviewing all closing documents and providing a post financing report to the City which highlights the key characteristics of the financing Co-managing underwriters will provide assistance as requested and will support in the marketing, distribution, and underwriting of the bonds. Underwriting fees will be negotiated with the senior manager of a specific financing prior to that financing being priced. The City does not anticipate paying underwriting fees above what is being paid in the market at the time of pricing for similar transactions. 4. INSURANCE REQUIREMENTS. The Contractor (respondent) shall, at its own cost and expense, acquire and maintain (and cause any subcontractors, representatives or agents to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A-VII or better. In addition, the City has the right to review the Contractor’s deductible or self-insured retention and to require that it be reduced or eliminated. Specifically the Contractor must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, DETAILED SPECIFICATIONS Bond Underwriting Services 8 RFQ #16-22 then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement. Specific work may require additional coverage on a case by case basis: a. Commercial General Liability Insurance coverage, including but not limited to, premises operations, products/completed operations, products liability, contractual liability, advertising injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. b. Commercial Automobile Liability Insurance coverage for any owned, non-owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars) combined single limit. c. Unless waived by the State of Florida, statutory Workers’ Compensation Insurance coverage in accordance with the laws of the State of Florida, and Employer’s Liability Insurance in the minimum amount of $100,000 (one hundred thousand dollars) each employee each accident, $100,000 (one hundred thousand dollars) each employee by disease and $500,000 (five hundred thousand dollars) aggregate by disease with benefits afforded under the laws of the State of Florida. Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be applicable to employees, contractors, subcontractors, and volunteers, if any. d. 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 #16-22 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 DETAILED SPECIFICATIONS Bond Underwriting Services 9 RFQ #16-22 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 Bond Underwriting Services 10 RFQ #16-22 1. ANTICIPATED BEGINNING AND END DATE OF INITIAL TERM. June 2022 – May 2027 If the commencement of performance is delayed because the City does not execute the contract on the start date, the City may adjust the start date, end date and milestones to reflect the delayed execution. 2. EXTENSION. The City reserves the right to extend the term of this contract, provided however, that the City shall give written notice of its intentions to extend this contract no later than thirty (30) days prior to the expiration date of the contract. RESPONSE FORMAT Bond Underwriting Services 11 RFQ #16-22 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, three (3) copies of the response and one (1) copy in an electronic format, on a disc or thumb drive, in a sealed container using the label provided at the end of this solicitation. NOTE: Every response received by the City will be considered a public record pursuant to Chapter 119, Florida Statutes. Any response marked confidential may be deemed non- responsive to this RFQ. 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 fifteen (15) 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). Each response should be accompanied by a transmittal letter which summarizes key qualifications points. The transmittal letter must be signed by an officer of the firm authorized to commit the firm’s resources. TAB 2 – Experience of Firm with Relevant Financing (seven [7] pages). This section shall include: a. A brief overview of the firm’s Public Finance Department, including the number of offices and Public Finance bankers. i. Highlight whether the firm maintains any full-time public finance offices in Florida and the staffing level at each location. ii. Identify the location from which the firm’s banking and analytical services will be provided. b. Summary tables of the firm’s negotiated underwriting experience with local municipalities issuing bonds backed by general governmental credits (i.e. general obligation, tax- backed financings, enterprise fund financings, etc.) since January 1, 2019. Provide four (4) summary tables: i. Florida senior managed experience ii. Florida co-senior/co-managed experience iii. National (excluding Florida) senior managed experience iv. National (excluding Florida) co-senior/co-managed experience For each table, include an annual breakdown (on a calendar year basis) of number of issues and par amount as well as a total amount over this timeframe. Include detailed experience lists of these transactions as an appendix under Tab 6. c. A description of the firm’s experience in providing investment banking services and municipal bond underwriting, specifically experience with issuers similar to the City. Provide three (3) case studies of Florida negotiated underwritings that demonstrate the firm’s approach and experience. d. Additional information that demonstrates the firm’s ability to serve as a member of the City’s underwriting team, including any prior submissions, analyses, or services you have provided the City and/or any specific ideas you have related to the City’s existing debt portfolio or capital improvement plans. TAB 3 – Experience of Firm’s Key Personnel and Underwriter(s) (two [2] pages). a. Identify the primary day-to-day contact for the engagement and their experience. RESPONSE FORMAT Bond Underwriting Services 12 RFQ #16-22 i. Include a brief resume which describes overall professional experience and experience working with clients similar to the City. ii. State each individual’s role during the engagement along with title and office location of each. b. Provide the location of the underwriting desk that will price future negotiated fixed-rate tax-exempt issuances for the City. i. Include a resume detailing the experience of the firm’s principal underwriter at this location. ii. Provide the names and titles of those individuals, if any, who must approve an underwriting commitment for the firm and the process by which this is accomplished. TAB 4 – Marketing and Distribution Capabilities (two [2] pages). This section shall include: a. A discussion of the firm’s marketing strategy for the City’s issuance of general revenue- backed bonds (such as water and sewer or stormwater revenue) and distribution capabilities of tax-exempt securities on a national, statewide and local scale. b. A table listing the number of the firm’s retail salespeople, institutional salespeople, traders, and underwriters for tax-exempt bonds in Florida and nationally. TAB 5 – Ability and Willingness to Commit Capital (two [2] pages). a. Describe the firm’s ability and willingness to commit capital to the City’s financing in order to hold bonds in inventory if necessary. b. Provide a table detailing the firm’s total capital, equity capital, net capital, and excess net capital as of the most recent available date. c. Include one (1) specific case study in which the firm committed capital during the past twelve (12) months in order to assist in bringing a deal to market at the lowest possible cost. TAB 6 – Additional Information. a. References. Include a minimum of three (3) municipal clients, preferably Florida clients providing similar services within the past 3 years, that the City can contact as references for the assigned professionals. Include name, title, address, phone number, and email address for each reference. b. Conflict of Interest. Describe any current or potential conflicts of interest that may arise from the selection of the firm as a member of the City’s underwriting team. c. Litigation. Provide a description of any litigation or regulatory action filed against or settled by the firm relating to public finance and/or bond underwriting practice since January 1, 2019, and the resolution thereof. d. Summary Tables Appendix for Tab 2. e. Sample Bond Purchase Agreement. TAB 7 - Other Forms. The following forms should be completed and signed: a. Exceptions, Additional Materials, Addenda form   b. Company Information form  c. Response Certification form  d. Exhibit B_Scrutinized Companies Form e. Exhibit C_E-Verifty Eligibility Form f. 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 Bond Underwriting Services 13 RFQ #16-22 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 Bond Underwriting Services 14 RFQ #16-22 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 Bond Underwriting Services 15 RFQ #16-22 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 Bond Underwriting Services 16 RFQ #16-22 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ SEALED RESPONSE Submitted by: Company Name: Address: City, State, Zip: RFQ #16-22, Bond Underwriting Services Due Date: March 24, 2022, 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 #16-22, Bond Underwriting Services Due Date: March 24, 2022, at 10:00 A.M. City of Clearwater Attn: Procurement Division 100 S Myrtle Ave 3rd Fl Clearwater FL 33756 ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services------------------------------------------------ Page 1 of 1 Addendum #1 RFQ #16-22, Bond Underwriting Services March 15, 2022 NOTICE IS HEREBY GIVEN that the following addendum serves to provide clarification and to answer the questions received on RFQ #16-22, Bond Underwriting Services. Question 1: Given the unique nature of a securities offering, many of the provisions in this section are not standard for agreements in connection with serving as a bond underwriter for an offering of municipal securities. Wanted to see whether you would be willing to provide clarification or insight into whether the City would be open to the following exceptions and comments. Answer to Question 1: All exceptions to the City’s terms and conditions shall be listed on the EXCEPTIONS/ADDITIONAL MATERIALS/ADDENDA form, page 13 of the solicitation. The City will review any exception(s) and reserves the right to accept and/or reject exception(s) in whole or in part. End of Questions and Answers End of Addenda Exhibit A Respondents to City of Clearwater, Florida RFQ 16-22: Barclays Capital Inc BofA Securities Inc InspereX J.P. Morgan Securities LLC Jefferies LLC Mischler Financial Group, Inc. Raymond James & Associates, Inc. RBC Capital Markets LLC Samuel A. Ramirez & Co., Inc. Siebert Williams Shank & Co., LLC UBS Financial Services Inc. Wells Fargo Securities Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0450 Agenda Date: 5/19/2022 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 11.2 SUBJECT/RECOMMENDATION: Approve the Selection Committee’s recommendation for the Venue Management Operator RFQ and authorize city staff to engage in negotiations with Global Spectrum, LP dba OVG360 of Philadelphia, PA for the purpose of establishing an operating agreement for the Imagine Clearwater Performance Amphitheater. SUMMARY: On February 25, 2022, the City issued RFQ 18-22, Venue Management Operator. Three responses were received from qualified companies to provide professional venue management operations which will include the production of special events such as concerts, festivals, and year-round operations for the covered amphitheater at Coachman Park located on the downtown Clearwater waterfront. On April 14, 2022, a team of city staff representing the City Manager’s Office, Community Redevelopment Agency, Finance and Parks & Recreation Departments reviewed each response and conducted an evaluation of each firm. The responses provided by each vendor were subsequently evaluated based on three key areas of performance: (1) Demonstrated Experience of the Company and Project Personnel, (2) Project Methodology, Approach and Schedule, and (3) References. On April 26, 2022, the Selection Committee conducted interviews with the top two ranked companies, Global Spectrum, LP dba OVG360 and Ruth Eckerd Hall, Inc. to further assess their proposed project approach. After completion of the presentations, the Selection Committee is recommending Global Spectrum, LP dba OVG360 to provide venue management operations. Authorization for City staff to negotiate with Global Spectrum, LP dba OVG360 is requested in advance of preparing a final agreement to include finance incentives, financial returns to the city, and structuring of potential operational and partnership arrangements. Once negotiations have concluded, a final agreement will be brought back to Council for approval. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 5/17/2022 Procurement Division 100 S Myrtle Ave Clearwater FL 33756-5520 PO Box 4748, 33578-4748 727-562-4630 Tel REQUEST FOR QUALIFICATIONS #18-22 Venue Management Operator February 25,2022 NOTICE IS HEREBY GIVEN that sealed Statements of Qualifications will be received by the City of Clearwater (City) until 10:00 AM, Local Time, March 29, 2022 for a Venue Management Operator. Brief Description: The City of Clearwater is seeking a qualified company to provide professional venue management services for the new amphitheater at Coachman Park located on the downtown Clearwater waterfront. 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 Venue Management Operator 2 RFQ #18-22 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: March 29, 2022 Time: 10:00 AM (Local Time) The City will open all responses properly and timely submitted and will record the names and other information specified by law and rule. All responses become the property of the City and will not be returned except in the case of a late submission. Respondent names, as read at the opening, will be posted on the City website. Once a notice of intent to award is posted or 30 days from day of opening elapses, whichever occurs earlier, responses are available for inspection by contacting the Procurement Division. i.4 SUBMIT RESPONSES TO: It is recommended that responses are submitted electronically through our bids website at https://www.myclearwater.com/business/rfp. Respondents may mail or hand-deliver responses to the address below. E-mail or fax submissions will not be accepted. Use label at the end of this solicitation package City of Clearwater Attn: Procurement Division 100 S Myrtle Ave, 3rd Fl, Clearwater FL 33756-5520 or PO Box 4748, Clearwater FL 33758-4748 Responses will be received at this address. Respondents may mail or hand-deliver proposals; e- mail or fax submissions will not be accepted. No responsibility will attach to the City of Clearwater, its employees or agents for premature opening of a response that is not properly addressed and identified. i.5 LATE RESPONSES. The respondent assumes responsibility for having the response delivered on time at the place specified. All responses received after the date and time specified shall not be considered and will be returned unopened to the respondent. The respondent assumes the risk of any delay in the mail or in handling of the mail by employees of the City of Clearwater, or any private courier, regardless whether sent by mail or by means of personal delivery. It shall not be sufficient to show that you mailed or commenced delivery before the due date and time. All times are Clearwater, Florida local times. The respondent agrees to accept the time stamp in the City’s Procurement Division as the official time. i.6 LOBBYING; LOBBYING NO-CONTACT PERIOD; QUESTIONS REGARDING SOLICITATION. From the time a competitive solicitation is posted until such time as the contract is awarded by the city or the solicitation is cancelled, all bidders, offerors, respondents, including their employees, representatives, and other individuals acting on their behalf, shall be prohibited from lobbying city officers, city employees, and evaluation committee members. INSTRUCTIONS Venue Management Operator 3 RFQ #18-22 Violation of this section may result in rejection/disqualification from award of the contract arising out of the competitive solicitation. All questions regarding the competitive solicitation must be directed to the procurement manager or designee, who will respond in writing and post such response to ensure that all respondents receive the same information during the No-Contact Period. The penalty for violating the No-Contact Period may include suspension or debarment 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. INSTRUCTIONS Venue Management Operator 4 RFQ #18-22 i.12 ETHICS. It is the intention of the City to promote courtesy, fairness, impartiality, integrity, service, professionalism, economy, and government by law in the Procurement process. The responsibility for implementing this policy rests with each individual who participates in the procurement process, including respondents and contractors. To achieve the purpose of this Article, it is essential that respondents and contractors doing business with the City also observe the ethical standards prescribed herein. It shall be a breach of ethical standards to: 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 RIGHT TO PROTEST. Pursuant to Section 2.562(3), Clearwater Code of Ordinances, a bidder who submitted a response to a competitive solicitation and was not selected may appeal the decision through the bid protest procedures, a copy of which shall be available in the Procurement Division. A protesting bidder must include a fee of one percent of the amount of the bid or proposed contract to offset the City’s additional expenses related to the protest. This fee shall not exceed $5,000.00 nor be less than $50.00. Full refund will be provided should the protest be upheld. No partial refunds will be made. 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 Venue Management Operator 5 RFQ #18-22 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 (pages 11-12) Points Demonstrated Experience of Company and Project Personnel (Tab 2) 35 Project Methodology, Approach and Schedule (Tab 3) 35 References (Tab 4) 30 i.17 SHORT-LISTING. The City at its sole discretion may create a short-list of the highest ranked proposals based on a preliminary evaluation against the evaluation criteria. Only those short- listed proposers would be invited to give presentations and/or interviews. The City will finalize ranking of the firms upon conclusion of presentations/interviews. i.18 PRESENTATIONS/INTERVIEWS. 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. INSTRUCTIONS – EVALUATION Venue Management Operator 6 RFQ #18-22 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: 02/25/2022 Advertise Tampa Bay Times: 03/02/2022 Responses due: 03/29/2022 Review responses/presentations: 03/29/2022-04/18/2022 Award recommendation: Week of 04/18/2022 Council authorization: May 2022 Contract begins: May 2022 DETAILED SPECIFICATIONS Venue Management Operator 7 RFQ #18-22 1. PROJECT MISSION. The City of Clearwater is dedicated to providing superior services to its customers in order to improve the quality of life for Clearwater residents, businesses and visitors. The City is looking for vendors who share that dedication and will help the City meet that goal. 2. BACKGROUND. Coachman Park is located at 301 Drew Street in sparkling Downtown Clearwater behind the City’s Main Library, accessible from Drew Street or via Cleveland Street. This waterfront, open-air venue provides a magnificent backdrop for concerts, festivals, and exhibitions throughout the year. Currently Coachman Park is undergoing redevelopment, adding a $15-million, 4,000-seat covered amphitheater with additional lawn seating of 5,000 for a total estimated venue capacity of 9,000. When completed, the park will have a garden, playground, greenspace, trail, and gateway plaza, in addition to the amphitheater. Completion of the park project, which is part of the city’s $85 million Imagine Clearwater Master Plan, is slated for the summer of 2023. The park is currently managed by the City’s Parks & Recreation Department and maintained by both Parks & Recreation as well as the City’s Building and Maintenance Division. Additional information on Coachman Park and the City’s Imagine Clearwater project can be found at the following web links: ➢ Coachman Park: https://www.myclearwaterparks.com/facilities/facilities-amenities- locator/coachman-park ➢ Imagine Clearwater Project: https://www.myclearwater.com/residents/imagine-clearwater- new 3. SCOPE OF SERVICES. The City of Clearwater is seeking a qualified company with professional venue management experience in producing special events such as but not limited to: concerts and festivals (herein after referred to as “events”) to assist the City with year-round operations for the amphitheater at Coachman Park located on the downtown Clearwater waterfront. The selected company will work independently to ensure operational accountability of the amphitheater while minimizing City involvement in event operations. The awarded company will be responsible for the administration, talent acquisition, booking, production, marketing, staffing / venue operations, food, beverage, parking operations, security, vendor and merchandise, financial management, and coordination with City services. 4. MINIMUM QUALIFICATIONS. Respondents should have a minimum of five (5) years of direct related experience, preferably in a municipal setting. Additionally, respondents must have completed at minimum one (1) project of similar scope and demonstrate the ability to work with public safety on the development and implementation of approved safety plans. 5. INSURANCE REQUIREMENTS. The Vendor shall, at its own cost and expense, acquire and maintain (and cause any subcontractors, representatives or agents to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A-VII or better. In addition, the City has the right to review the Contractor’s deductible or self-insured retention and to require that it be reduced or eliminated. Specifically, the Vendor must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement: a. Commercial General Liability Insurance coverage, including but not limited to, premises operations, products/completed operations, products liability, contractual liability, advertising injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. DETAILED SPECIFICATIONS Venue Management Operator 8 RFQ #18-22 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. Professional Liability/Malpractice/Errors or Omissions Insurance coverage appropriate for the type of business engaged in by the Respondent with minimum limits of $2,000,000 (two million dollars) per occurrence. If a claim is made form of coverage is provided, the retroactive date of coverage shall be no later than the inception date of claims made coverage, unless the prior policy was extended indefinitely to cover prior acts. Coverage shall be extended beyond the policy year either by a supplemental extended reporting period (SERP) of as great a duration as available, and with no less coverage and with reinstated aggregate limits, or by requiring that any new policy provide a retroactive date no later than the inception date of claims made coverage. d. Crime and Employee Dishonesty Insurance coverage must include fidelity insurance for reimbursement to an employer for these types of losses. Third-party fidelity coverage is also required to cover the acts of an employee against an employer's clients. Please provide coverage using ISO form CR 00 01 Employee Dishonesty Coverage Form or its equivalent and shall include ISO endorsement CR 04 01 Clients’ Property or its equivalent and ISO endorsement CR 20 14 Loss Payable or its equivalent. e. Unless waived by the State of Florida and proof of waiver is provided to the City, statutory Workers’ Compensation Insurance coverage in accordance with the laws of the State of Florida, and Employer’s Liability Insurance in the minimum amount of $500,000 (five hundred thousand dollars) each employee each accident, $500,000 (five hundred thousand dollars) each employee by disease, and $500,000 (five hundred thousand dollars) disease policy limit. Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be applicable to employees, contractors, subcontractors, and volunteers, if any. The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies. Other Insurance Provisions. a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the insurance policy’s renewal date(s) for as long as this Agreement remains in effect, the Vendor will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the coverage set forth above and naming the City as an “Additional Insured” on the Commercial General Liability Insurance and the Commercial Automobile Liability Insurance. In addition when requested in writing from the City, Vendor will provide the City with certified copies of all applicable policies. The address where such certificates and certified policies shall be sent or delivered is as follows: City of Clearwater Attn: Procurement Division, RFP #18-22 P.O. Box 4748 Clearwater, FL 33758-4748 b. Vendor shall provide thirty (30) days written notice of any cancellation, non-renewal, termination, material change or reduction in coverage. c. Vendor’s insurance as outlined above shall be primary and non-contributory coverage for Vendor’s negligence. d. Vendor reserves the right to appoint legal counsel to provide for the Vendor’s defense, for any and all claims that may arise related to Agreement, work performed under this DETAILED SPECIFICATIONS Venue Management Operator 9 RFQ #18-22 Agreement, or to Vendor’s design, equipment, or service. Vendor agrees that the City shall not be liable to reimburse Vendor for any legal fees or costs as a result of Vendor providing its defense as contemplated herein. The stipulated limits of coverage above shall not be construed as a limitation of any potential liability to the City, and City’s failure to request evidence of this insurance shall not be construed as a waiver of Vendor’s (or any contractors’, subcontractors’, representatives’ or agents’) obligation to provide the insurance coverage specified. MILESTONES Venue Management Operator 10 RFQ #18-22 1. ANTICIPATED BEGINNING AND END DATE OF INITIAL TERM. May 2022 through May 2027 If the commencement of performance is delayed because the City does not execute the contract on the start date, the City may adjust the start date, end date and milestones to reflect the delayed execution. 2. EXTENSION. The City reserves the right to extend the term of this contract, provided however, that the City shall give written notice of its intentions to extend this contract no later than thirty (30) days prior to the expiration date of the contract. 3. RENEWAL. At the end of the initial term of this contract, the City may initiate renewal(s) as provided herein. The decision to renew a contract rests solely with the City. The City will give written notice of its intention to renew the contract no later than thirty (30) days prior to the expiration. Two (2), three (3) renewals are possible at the City’s option. RESPONSE FORMAT Venue Management Operator 11 RFQ #18-22 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, four (4) 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. 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 Tab 5, the tabbed separator pages, cover page, and back page. NOTE: Every proposal received by the City will be considered a public record pursuant to Chapter 119, Florida Statutes. Any response marked confidential may be deemed non- responsive to this RFQ. TAB 1 – Letter of Interest (two [2] pages). A letter of interest detailing qualifications, related experience, ability to perform the work and to meet the above referenced selection criteria. Name, address, contact person and phone number shall be provided. TAB 2 - Demonstrated Experience of Company and Project Personnel (eight [8] pages). A statement of qualifications, abilities, experience and expertise in providing the requested services. a. A description of what qualifies your company, financial and otherwise, to provide the City with these services for the required period of time, provide appropriate staffing, necessary resources and show a history of demonstrated competence. b. Identify the project managers(s) and individuals who will be assigned to the work as part of this project. Include resumes for each person to be assigned. c. Describe the direct experience in conducting similar services for each key staff members who will be contributing to the project, including their area of responsibility. TAB 3 - Project Methodology, Approach and Schedule (six [6] pages). a. Describe your approach to performing the scope of services. b. Provide a detailed business plan for the operation and management of the venue and how the plan will be implemented including identifying challenges and issues such as mitigation of potential noise impacts on surrounding businesses and residents. c. Provide a proposed schedule for the product delivery to include a statement of time commitment by the company to this project which supports the company’s ability to complete the events on schedule and on budget. TAB 4 – References (three [3] pages. A minimum of three (3) references, preferably from other public entities similar in size to the City of Clearwater, within the past five (5) years, for whom the proposer has provided similar services. Of the references provided, one (1) must include a project of similar scope. Each reference must include the name of the entity, address, contact person, telephone number, email address, an explanation of services and the dates of service. TAB 5 - Other Forms. The following forms should be completed and signed: a. Exceptions, Additional Materials, Addenda form   b. Company Information form  c. Response Certification form  d. Exhibit B_Scrutinized Companies Form e. Exhibit C_E-Verifty Eligibility Form f. Copies of licenses and/or certifications if requested RESPONSE FORMAT Venue Management Operator 12 RFQ #18-22 g. W-9 Form. All responses should include a fully completed, most current W-9 form. Failure to include the W-9 will not disqualify your bid. (http://www.irs.gov/pub/irs- pdf/fw9.pdf) EXCEPTIONS/ADDITIONAL MATERIALS/ADDENDA Venue Management Operator 13 RFQ #18-22 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 Venue Management Operator 14 RFQ #18-22 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 Venue Management Operator 15 RFQ #18-22 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 Venue Management Operator 16 RFQ #18-22 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ SEALED RESPONSE Submitted by: Company Name: Address: City, State, Zip: RFQ #18-22, Venue Management Operator Due Date: March 29, 2022 at 10:00 A.M. City of Clearwater Attn: Procurement Division PO Box 4748 Clearwater FL 33758-4748 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ SEALED RESPONSE Submitted by: Company Name: Address: City, State, Zip: RFQ #18-22, Venue Management Operator Due Date: March 29, 2022 at 10:00 A.M. City of Clearwater Attn: Procurement Division 100 S Myrtle Ave 3rd Fl Clearwater FL 33756 ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services------------------------------------------------ Page 1 of 2 Addendum #1 RFP #18-22, Venue Management Operator March 21, 2022 NOTICE IS HEREBY GIVEN that the following addendum serves to provide clarification and to answer the questions received on RFP 18-22, Venue Management Operator. Question 1: Our staff has served from time to time as a resource for the city in decisions involving the amphitheater. The contact is initiated by parks and recreation staff and the questions vary from the type of equipment we would recommend to general operating information. Since its been ongoing as needed, I want to make sure that our staff is not crossing any lines in answering questions from city staff regarding the amphitheater during this consideration period that would disqualify us from the process? Answer to Question 1: Per City Code of Ordinance, Section 2.566 (1), the City has a no- contact period from the time a competitive solicitation is posted until such time the contract is awarded or cancelled. Question 2: Are you able to share who will be on the evaluation committee? Will it be comprised solely of city staff and elected officials? Answer to Question 2: The committee is comprised of: Jon P Jennings, City Manager; Jay Ravins, Finance Director; James Halios, Parks & Recreation Director; Kristopher Koch, Parks Senior Manager. Question 3: I have heard talk of a separate RFP for sponsorship and naming rights for the amphitheater. If so, is that RFP scheduled for release during this period? Sponsorship rights and operating rights are intertwined so it helps to know the city’s expectations in that regard. Answer to Question 3: On August 23, 2021, the City issued RFP 50-21, Asset Inventory, Valuation and Naming Rights Services. The Superlative Group, Inc., of Cleveland, OH, was the awarded vendor to provide these services. Question 4: Parking management is included in the RFQ as an operator responsibility. I am assuming that pertains solely to whatever parking is onsite at the amphitheater and does not extend to other parking locations that will service the events in the park? Answer to Question 4: Yes, parking operations pertains to onsite parking at the amphitheater. Question 5: Has the city determined what services will be provided by city maintenance and public safety staff, such as lawn and landscaping maintenance, utilities, fire and police requirements? Or will this be part of the discussion with the chosen operator? Answer to Question 5: Responsibilities will be part of the negotiations with the awarded vendor however, landscaping will be the responsibility of the City. End of Questions and Answers Page 2 of 2 All other dates and terms and conditions remain the same in this Request for Proposals. End of Addenda 1) Global Spectrum, LP 2) Just Imagine, LLC dba OVG360 1507 W Cypress St. 150 Rouse Blvd.Tampa, FL 33606 Philadelphia, PA 19112 727.452.6984 757.323.9380 3) Ruth Eckerd Hall, Inc. 1111 N McMullen booth Rd. Clearwater, FL 33759 727.291.7060 ADVERTISED: TAMPA BAY TIMES 3/2/2022 POSTED:myclearwater.com 02/25/2022-03/29/2022 Due/Opening: March 29, 2022; 10:00 a.m. REQUEST FOR QUALIFICATIONS No. 18-22 Venue Management Operator Solicitation Response Listing FOR THE CITY OF CLEARWATER RFQ #18-22, Exhibit A STANDARD TERMS AND CONDITIONS 1 S.1 DEFINITIONS. Uses of the following terms are interchangeable as referenced: “vendor, contractor, consultant, supplier, proposer, company, parties, persons”, “purchase order, PO, contract, agreement”, “city, Clearwater, agency, requestor, parties”, “bid, proposal, response, quote”. S.2 INDEPENDENT CONTRACTOR. It is expressly understood that the relationship of Contractor to the City will be that of an independent contractor. Contractor and all persons employed by Contractor, either directly or indirectly, are Contractor’s employees, not City employees. Accordingly, Contractor and Contractor’s employees are not entitled to any benefits provided to City employees including, but not limited to, health benefits, enrollment in a retirement system, paid time off or other rights afforded City employees. Contractor employees will not be regarded as City employees or agents for any purpose, including the payment of unemployment or workers’ compensation. If any Contractor employees or subcontractors assert a claim for wages or other employment benefits against the City, Contractor will defend, indemnify and hold harmless the City from all such claims. S.3 SUBCONTRACTING. Contractor may not subcontract work under this Agreement without the express written permission of the City. If Contractor has received authorization to subcontract work, it is agreed that all subcontractors performing work under the Agreement must comply with its provisions. Further, all agreements between Contractor and its subcontractors must provide that the terms and conditions of this Agreement be incorporated therein. S.4 ASSIGNMENT. This Agreement may not be assigned either in whole or in part without first receiving the City’s written consent. Any attempted assignment, either in whole or in part, without such consent will be null and void and in such event the City will have the right at its option to terminate the Agreement. No granting of consent to any assignment will relieve Contractor from any of its obligations and liabilities under the Agreement. S.5 SUCCESSORS AND ASSIGNS, BINDING EFFECT. This Agreement will be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns. S.6 NO THIRD PARTY BENEFICIARIES. This Agreement is intended for the exclusive benefit of the parties. Nothing set forth in this Agreement is intended to create, or will create, any benefits, rights, or responsibilities in any third parties. S.7 NON- EXCLUSIVITY. The City, in its sole discretion, reserves the right to request the materials or services set forth herein from other sources when deemed necessary and appropriate. No exclusive rights are encompassed through this Agreement. S.8 AMENDMENTS. There will be no oral changes to this Agreement. This Agreement can only be modified in a writing signed by both parties. No charge for extra work or material will be allowed unless approved in writing, in advance, by the City and Contractor. S.9 TIME OF THE ESSENCE. Time is of the essence to the performance of the parties’ obligations under this Agreement. S.10 COMPLIANCE WITH APPLICABLE LAWS. a. General. Contractor must procure all permits and licenses, and pay all charges and fees necessary and incidental to the lawful conduct of business. Contractor must stay fully informed of existing and future federal, state, and local laws, ordinances, and regulations that in any manner affect the fulfillment of this Agreement and must comply with the same at its own expense. Contractor bears full responsibility for training, safety, and providing necessary equipment for all Contractor personnel to achieve throughout the term of the Agreement. Upon request, Contractor will demonstrate to the City's satisfaction any programs, procedures, and other activities used to ensure compliance. b. Drug-Free Workplace. Contractor is hereby advised that the City has adopted a policy establishing a drug-free workplace for itself and those doing business with the City to ensure the safety and health of all persons working on City contracts and projects. Contractor will RFQ #18-22, Exhibit A STANDARD TERMS AND CONDITIONS 2 require a drug-free workplace for all Contractor personnel working under this Agreement. Specifically, all Contractor personnel who are working under this Agreement must be notified in writing by Contractor that they are prohibited from the manufacture, distribution, dispensation, possession, or unlawful use of a controlled substance in the workplace. Contractor agrees to prohibit the use of intoxicating substances by all Contractor personnel, and will ensure that Contractor personnel do not use or possess illegal drugs while in the course of performing their duties. c. Federal and State Immigration Laws. Contractor agrees to comply with the Immigration Reform and Control Act of 1986 (IRCA) in performance under this Agreement and to permit the City and its agents to inspect applicable personnel records to verify such compliance as permitted by law. Contractor will ensure and keep appropriate records to demonstrate that all Contractor personnel have a legal right to live and work in the United States. (i) As applicable to Contractor, under this provision, Contractor hereby warrants to the City that Contractor and each of its subcontractors will comply with, and are contractually obligated to comply with, all federal immigration laws and regulations that relate to their employees (hereinafter “Contractor Immigration Warranty”). (ii) A breach of the Contractor Immigration Warranty will constitute as a material breach of this Agreement and will subject Contractor to penalties up to and including termination of this Agreement at the sole discretion of the City. (iii) The City retains the legal right to inspect the papers of all Contractor personnel who provide services under this Agreement to ensure that Contractor or its subcontractors are complying with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any such inspections. (iv) The City may, at its sole discretion, conduct random verification of the employment records of Contractor and any subcontractor to ensure compliance with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any random verification performed. (v) Neither Contractor nor any subcontractor will be deemed to have materially breached the Contractor Immigration Warranty if Contractor or subcontractor establishes that it has complied with the employment verification provisions prescribed by Sections 274A and 274B of the Federal Immigration and Nationality Act. d. Nondiscrimination. Contractor represents and warrants that it does not discriminate against any employee or applicant for employment or person to whom it provides services because of race, color, religion, sex, national origin, or disability, and represents and warrants that it complies with all applicable federal, state, and local laws and executive orders regarding employment. Contractor and Contractor’s personnel will comply with applicable provisions of Title VII of the U.S. Civil Rights Act of 1964, as amended, Section 504 of the Federal Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), and applicable rules in performance under this Agreement. S.11 SALES/USE TAX, OTHER TAXES. Contractor is responsible for the payment of all taxes including federal, state, and local taxes related to or arising out of Contractor’s services under this Agreement, including by way of illustration but not limitation, federal and state income tax, Social Security tax, unemployment insurance taxes, and any other taxes or business license fees as required. If any taxing authority should deem Contractor or Contractor employees an employee of the City, or should otherwise claim the City is liable for the payment of taxes that are Contractor’s responsibility under this Agreement, Contractor will indemnify the City for any tax liability, interest, and penalties imposed upon the City. The City is exempt from paying state and local sales/use taxes and certain federal excise taxes and will furnish an exemption certificate upon request. RFQ #18-22, Exhibit A STANDARD TERMS AND CONDITIONS 3 S.12 AMOUNTS DUE THE CITY. Contractor must be current and remain current in all obligations due to the City during the performance of services under the Agreement. Payments to Contractor may be offset by any delinquent amounts due the City or fees and charges owed to the City. S.13 OPENNESS OF PROCUREMENT PROCESS. Written competitive proposals, replies, oral presentations, meetings where vendors answer questions, other submissions, correspondence, and all records made thereof, as well as negotiations or meetings where negotiation strategies are discussed, conducted pursuant to this Invitation to Bid (ITB), shall be handled in compliance with Chapters 119 and 286, Florida Statutes. Proposals or replies received by the City pursuant to this ITB are exempt from public disclosure until such time that the City provides notice of an intended decision or until 30 days after opening the proposals, whichever is earlier. If the City rejects all proposals or replies pursuant to this ITB and provides notice of its intent to reissue the ITB, then the rejected proposals or replies remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued ITB or until the City withdraws the reissued ITB. A proposal or reply shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or replies. Oral presentations, meetings where vendors answer questions, or meetings convened by City staff to discuss negotiation strategies, if any, shall be closed to the public (and other proposers) in compliance with Chapter 286 Florida Statutes. A complete recording shall be made of such closed meeting. The recording of, and any records presented at, the exempt meeting shall be available to the public when the City provides notice of an intended decision or until 30 days after opening proposals or final replies, whichever occurs first. If the City rejects all proposals or replies pursuant to this ITB and provides notice of its intent to reissue the ITB, then the recording and any records presented at the exempt meeting remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued ITB or until the City withdraws the reissued ITB. A recording and any records presented at an exempt meeting shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or replies. In addition to all other contract requirements as provided by law, the contractor executing this agreement agrees to comply with public records law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, Rosemarie Call, phone: 727-562-4092 or Rosemarie.Call@myclearwater.com, 600 Cleveland Street, Suite 600, Clearwater, FL 33755. The contractor’s agreement to comply with public records law applies specifically to: a) Keep and maintain public records required by the City of Clearwater (hereinafter “public agency”) to perform the service being provided by the contractor hereunder. b) Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided for in Chapter 119, Florida Statutes, as may be amended from time to time, or as otherwise provided by law. c) Ensure that the public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. RFQ #18-22, Exhibit A STANDARD TERMS AND CONDITIONS 4 d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. e) A request to inspect or copy public records relating to a public agency’s contract for services must be made directly to the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the contractor of the request and the contractor must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time. f) The contractor hereby acknowledges and agrees that if the contractor does not comply with the public agency’s request for records, the public agency shall enforce the contract provisions in accordance with the contract. g) A contractor who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. h) If a civil action is filed against a contractor to compel production of public records relating to a public agency’s contract for services, the court shall assess and award against the contractor the reasonable costs of enforcement, including reasonable attorney fees, if: 1. The court determines that the contractor unlawfully refused to comply with the public records request within a reasonable time; and 2. At least eight (8) business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the contractor has not complied with the request, to the public agency and to the contractor. i) A notice complies with subparagraph (h)2. if it is sent to the public agency’s custodian of public records and to the contractor at the contractor’s address listed on its contract with the public agency or to the contractor’s registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. A contractor who complies with a public records request within eight (8) business days after the notice is sent is not liable for the reasonable costs of enforcement. S.14 AUDITS AND RECORDS. Contractor must preserve the records related to this Agreement for five (5) years after completion of the Agreement. The City or its authorized agent reserves the right to inspect any records related to the performance of work specified herein. In addition, the City may inspect any and all payroll, billing or other relevant records kept by Contractor in relation to the Agreement. Contractor will permit such inspections and audits during normal business hours and upon reasonable notice by the City. The audit of records may occur at Contractor’s place of business or at City offices, as determined by the City. S.15 BACKGROUND CHECK. The City may conduct criminal, driver history, and all other requested background checks of Contractor personnel who would perform services under the Agreement or RFQ #18-22, Exhibit A STANDARD TERMS AND CONDITIONS 5 who will have access to the City’s information, data, or facilities in accordance with the City’s current background check policies. Any officer, employee, or agent that fails the background check must be replaced immediately for any reasonable cause not prohibited by law. S.16 SECURITY CLEARANCE AND REMOVAL OF CONTRACTOR PERSONNEL. The City will have final authority, based on security reasons: (i) to determine when security clearance of Contractor personnel is required; (ii) to determine the nature of the security clearance, up to and including fingerprinting Contractor personnel; and (iii) to determine whether or not any individual or entity may provide services under this Agreement. If the City objects to any Contractor personnel for any reasonable cause not prohibited by law, then Contractor will, upon notice from the City, remove any such individual from performance of services under this Agreement. S.17 DEFAULT. a. A party will be in default if that party: (i) is or becomes insolvent or is a party to any voluntary bankruptcy or receivership proceeding, makes an assignment for a creditor, or there is any similar action that affects Contractor’s capability to perform under the Agreement; (ii) is the subject of a petition for involuntary bankruptcy not removed within sixty (60) calendar days; (iii) conducts business in an unethical manner or in an illegal manner; or (iv) fails to carry out any term, promise, or condition of the Agreement. b. Contractor will be in default of this Agreement if Contractor is debarred from participating in City procurements and solicitations in accordance with the City’s Purchasing Policy and Procedures Manual. c. Notice and Opportunity to Cure. In the event a party is in default then the other party may, at its option and at any time, provide written notice to the defaulting party of the default. The defaulting party will have thirty (30) days from receipt of the notice to cure the default; the thirty (30) day cure period may be extended by mutual agreement of the parties, but no cure period may exceed ninety (90) days. A default notice will be deemed to be sufficient if it is reasonably calculated to provide notice of the nature and extent of such default. Failure of the non-defaulting party to provide notice of the default does not waive any rights under the Agreement. d. Anticipatory Repudiation. Whenever the City in good faith has reason to question Contractor’s intent or ability to perform, the City may demand that Contractor give a written assurance of its intent and ability to perform. In the event that the demand is made and no written assurance is given within five (5) calendar days, the City may treat this failure as an anticipatory repudiation of the Agreement. S.18 REMEDIES. The remedies set forth in this Agreement are not exclusive. Election of one remedy will not preclude the use of other remedies. In the event of default: a. The non-defaulting party may terminate the Agreement, and the termination will be effective immediately or at such other date as specified by the terminating party. b. The City may purchase the services required under the Agreement from the open market, complete required work itself, or have it completed at the expense of Contractor. If the cost of obtaining substitute services exceeds the contract price, the City may recover the excess cost by: (i) requiring immediate reimbursement to the City; (ii) deduction from an unpaid balance due to Contractor; (iii) collection against the proposal and/or performance security, if any; (iv) collection against liquidated damages (if applicable); or (v) a combination of the aforementioned remedies or other remedies as provided by law. Costs includes any and all, fees, and expenses incurred in obtaining substitute services and expended in obtaining reimbursement, including, but not limited to, administrative expenses, attorneys’ fees, and costs. c. The non-defaulting party will have all other rights granted under this Agreement and all rights at law or in equity that may be available to it. RFQ #18-22, Exhibit A STANDARD TERMS AND CONDITIONS 6 d. Neither party will be liable for incidental, special, or consequential damages. S.19 CONTINUATION DURING DISPUTES. Contractor agrees that during any dispute between the parties, Contractor will continue to perform its obligations until the dispute is settled, instructed to cease performance by the City, enjoined or prohibited by judicial action, or otherwise required or obligated to cease performance by other provisions in this Agreement. S.20 TERMINATION FOR CONVENIENCE. The City reserves the right to terminate this Agreement in part or in whole upon thirty (30) calendar days’ written notice. S.21 TERMINATION FOR CONFLICT OF INTEREST Florida Statutes Section 112. Pursuant to F.S. Section 112, the City may cancel this Agreement after its execution, without penalty or further obligation, if any person significantly involved in initiating, securing, drafting, or creating the Agreement for the City becomes an employee or agent of Contractor. S.22 TERMINATION FOR NON-APPROPRIATION AND MODIFICATION FOR BUDGETARY CONSTRAINT. The City is a governmental agency which relies upon the appropriation of funds by its governing body to satisfy its obligations. If the City reasonably determines that it does not have funds to meet its obligations under this Agreement, the City will have the right to terminate the Agreement without penalty on the last day of the fiscal period for which funds were legally available. In the event of such termination, the City agrees to provide written notice of its intent to terminate thirty (30) calendar days prior to the stated termination date. S.23 PAYMENT TO CONTRACTOR UPON TERMINATION. Upon termination of this Agreement, Contractor will be entitled only to payment for those services performed up to the date of termination, and any authorized expenses already incurred up to such date of termination. The City will make final payment within thirty (30) calendar days after the City has both completed its appraisal of the materials and services provided and received Contractor’s properly prepared final invoice. S.24 NON-WAIVER OF RIGHTS. There will be no waiver of any provision of this agreement unless approved in writing and signed by the waiving party. Failure or delay to exercise any rights or remedies provided herein or by law or in equity, or the acceptance of, or payment for, any services hereunder, will not release the other party of any of the warranties or other obligations of the Agreement and will not be deemed a waiver of any such rights or remedies. S.25 INDEMNIFICATION/LIABILITY. a. To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold the City, its officers, agents, and employees, harmless from and against any and all liabilities, demands, claims, suits, losses, damages, causes of action, fines or judgments, including costs, attorneys’, witnesses’, and expert witnesses’ fees, and expenses incident thereto, relating to, arising out of, or resulting from: (i) the services provided by Contractor personnel under this Agreement; (ii) any negligent acts, errors, mistakes or omissions by Contractor or Contractor personnel; and (iii) Contractor or Contractor personnel’s failure to comply with or fulfill the obligations established by this Agreement. b. Contractor will update the City during the course of the litigation to timely notify the City of any issues that may involve the independent negligence of the City that is not covered by this indemnification. c. The City assumes no liability for actions of Contractor and will not indemnify or hold Contractor or any third party harmless for claims based on this Agreement or use of Contractor-provided supplies or services. S.26 WARRANTY. Contractor warrants that the services and materials will conform to the requirements of the Agreement. Additionally, Contractor warrants that all services will be performed in a good, workman-like and professional manner. The City’s acceptance of service or materials provided by Contractor will not relieve Contractor from its obligations under this warranty. If any materials or services are of a substandard or unsatisfactory manner as RFQ #18-22, Exhibit A STANDARD TERMS AND CONDITIONS 7 determined by the City, Contractor, at no additional charge to the City, will provide materials or redo such services until in accordance with this Agreement and to the City’s reasonable satisfaction. Unless otherwise agreed, Contractor warrants that materials will be new, unused, of most current manufacture and not discontinued, will be free of defects in materials and workmanship, will be provided in accordance with manufacturer's standard warranty for at least one (1) year unless otherwise specified, and will perform in accordance with manufacturer's published specifications. S.27 THE CITY’S RIGHT TO RECOVER AGAINST THIRD PARTIES. Contractor will do nothing to prejudice the City’s right to recover against third parties for any loss, destruction, or damage to City property, and will at the City’s request and expense, furnish to the City reasonable assistance and cooperation, including assistance in the prosecution or defense of suit and the execution of instruments of assignment in favor of the City in obtaining recovery. S.28 NO GUARANTEE OF WORK. Contractor acknowledges and agrees that it is not entitled to deliver any specific amount of materials or services or any materials or services at all under this Agreement and acknowledges and agrees that the materials or services will be requested by the City on an as needed basis at the sole discretion of the City. Any document referencing quantities or performance frequencies represent the City's best estimate of current requirements, but will not bind the City to purchase, accept, or pay for materials or services which exceed its actual needs. S.29 OWNERSHIP. All deliverables, services, and information provided by Contractor or the City pursuant to this Agreement (whether electronically or manually generated) including without limitation, reports, test plans, and survey results, graphics, and technical tables, originally prepared in the performance of this Agreement, are the property of the City and will not be used or released by Contractor or any other person except with prior written permission by the City. S.30 USE OF NAME. Contractor will not use the name of the City of Clearwater in any advertising or publicity without obtaining the prior written consent of the City. S.31 PROHIBITED ACTS. Pursuant to Florida Constitution Article II Section 8, a current or former public officer or employee within the last two (2) years shall not represent another organization before the City on any matter for which the officer or employee was directly concerned and personally participated in during their service or employment or over which they had a substantial or material administrative discretion. S.32 FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB destination freight prepaid and allowed unless otherwise agreed. S.33 RISK OF LOSS. Contractor agrees to bear all risks of loss, injury, or destruction of goods or equipment incidental to providing these services and such loss, injury, or destruction will not release Contractor from any obligation hereunder. S.34 SAFEGUARDING CITY PROPERTY. Contractor will be responsible for any damage to City real property or damage or loss of City personal property when such property is the responsibility of or in the custody of Contractor or its employees. S.35 WARRANTY OF RIGHTS. Contractor warrants it has title to, or the right to allow the City to use, the materials and services being provided and that the City may use same without suit, trouble or hindrance from Contractor or third parties. S.36 PROPRIETARY RIGHTS INDEMNIFICATION. Without limiting the foregoing, Contractor will without limitation, at its expense defend the City against all claims asserted by any person that anything provided by Contractor infringes a patent, copyright, trade secret or other intellectual property right and must, without limitation, pay the costs, damages and attorneys' fees awarded against the City in any such action, or pay any settlement of such action or claim. Each party agrees to notify the other promptly of any matters to which this provision may apply and to RFQ #18-22, Exhibit A STANDARD TERMS AND CONDITIONS 8 cooperate with each other in connection with such defense or settlement. If a preliminary or final judgment is obtained against the City’s use or operation of the items provided by Contractor hereunder or any part thereof by reason of any alleged infringement, Contractor will, at its expense and without limitation, either: (a) modify the item so that it becomes non-infringing; (b) procure for the City the right to continue to use the item; (c) substitute for the infringing item other item(s) having at least equivalent capability; or (d) refund to the City an amount equal to the price paid, less reasonable usage, from the time of installation acceptance through cessation of use, which amount will be calculated on a useful life not less than five (5) years, plus any additional costs the City may incur to acquire substitute supplies or services. S.37 CONTRACT ADMINISTRATION. The agreement will be administered by the Purchasing Administrator and/or an authorized representative from the using department. All questions regarding the agreement will be referred to the administrator for resolution. Supplements may be written to the agreement for the addition or deletion of services. Payment will be negotiated and determined by the contract administrator(s). S.38 FORCE MAJEURE. Failure by either party to perform its duties and obligations will be excused by unforeseeable circumstances beyond its reasonable control, including acts of nature, acts of the public enemy, riots, fire, explosion, legislation, and governmental regulation. The party whose performance is so affected will within five (5) calendar days of the unforeseeable circumstance notify the other party of all pertinent facts and identify the force majeure event. The party whose performance is so affected must also take all reasonable steps, promptly and diligently, to prevent such causes if it is feasible to do so, or to minimize or eliminate the effect thereof. The delivery or performance date will be extended for a period equal to the time lost by reason of delay, plus such additional time as may be reasonably necessary to overcome the effect of the delay, provided however, under no circumstances will delays caused by a force majeure extend beyond one hundred-twenty (120) calendar days from the scheduled delivery or completion date of a task unless agreed upon by the parties. S.39 COOPERATIVE USE OF CONTRACT. The City has entered into various cooperative purchasing agreements with other Florida government agencies, including the Tampa Bay Area Purchasing Cooperative. Under a Cooperative Purchasing Agreement, any contract may be extended for use by other municipalities, school districts and government agencies in the State of Florida with the approval of Contractor. Any such usage by other entities must be in accordance with the statutes, codes, ordinances, charter and/or procurement rules and regulations of the respective government agency. Orders placed by other agencies and payment thereof will be the sole responsibility of that agency. The City is not responsible for any disputes arising out of transactions made by others. S.40 FUEL CHARGES AND PRICE INCREASES. No fuel surcharges will be accepted. No price increases will be accepted without proper request by Contractor and response by the City’s Purchasing Division. S.41 NOTICES. All notices to be given pursuant to this Agreement must be delivered to the parties at their respective addresses. Notices may be (i) personally delivered; (ii) sent via certified or registered mail, postage prepaid; (iii) sent via overnight courier; or (iv) sent via facsimile. If provided by personal delivery, receipt will be deemed effective upon delivery. If sent via certified or registered mail, receipt will be deemed effective three (3) calendar days after being deposited in the United States mail. If sent via overnight courier or facsimile, receipt will be deemed effective two (2) calendar days after the sending thereof. S.42 GOVERNING LAW, VENUE. This Agreement is governed by the laws of the State of Florida. The exclusive venue selected for any proceeding or suit in law or equity arising from or incident to this Agreement will be Pinellas County, Florida. S.43 INTEGRATION CLAUSE. This Agreement, including all attachments and exhibits hereto, supersede all prior oral or written agreements, if any, between the parties and constitutes the entire agreement between the parties with respect to the work to be performed. RFQ #18-22, Exhibit A STANDARD TERMS AND CONDITIONS 9 S.44 PROVISIONS REQUIRED BY LAW. Any provision required by law to be in this Agreement is a part of this Agreement as if fully stated in it. S.45 SEVERABILITY. If any provision of this Agreement is declared void or unenforceable, such provision will be severed from this Agreement, which will otherwise remain in full force and effect. The parties will negotiate diligently in good faith for such amendment(s) of this Agreement as may be necessary to achieve the original intent of this Agreement, notwithstanding such invalidity or unenforceability. S.46 SURVIVING PROVISIONS. Notwithstanding any completion, termination, or other expiration of this Agreement, all provisions which, by the terms of reasonable interpretation thereof, set forth rights and obligations that extend beyond completion, termination, or other expiration of this Agreement, will survive and remain in full force and effect. Except as specifically provided in this Agreement, completion, termination, or other expiration of this Agreement will not release any party from any liability or obligation arising prior to the date of termination. RFQ #18-22, Exhibit B SCRUTINIZED COMPANIES FORM SCRUTINIZED COMPANIES THAT BOYCOTT ISRAEL LIST CERTIFICATION FORM THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel; and 2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation and is not listed on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel; and 3. “Boycott Israel” or “boycott of Israel” means refusing to deal, terminating business activities, or taking other actions to limit commercial relations with Israel, or persons or entities doing business in Israel or in Israeli-controlled territories, in a discriminatory manner. A statement by a company that it is participating in a boycott of Israel, or that it has initiated a boycott in response to a request for a boycott of Israel or in compliance with, or in furtherance of, calls for a boycott of Israel, may be considered as evidence that a company is participating in a boycott of Israel; and 4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals are placed on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel. __________________________________________ Authorized Signature __________________________________________ Printed Name __________________________________________ Title __________________________________________ Name of Entity/Corporation STATE OF _____________________ COUNTY OF ___________________ The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization on, this _____ day of _________________, 20____, by _______________________________ (name of person whose signature is being notarized) as the ________________________ (title) of ______________________________________(name of corporation/entity), personally known ______, or produced _________________________ (type of identification) as identification, and who did/did not take an oath. ______________________________________ _ Notary Public ____________________________________ Printed Name My Commission Expires: __________________ NOTARY SEAL ABOVE RFQ #18-22, Exhibit B SCRUTINIZED COMPANIES FORM SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA CERTIFICATION FORM IF YOUR BID/PROPOSAL IS $1,000,000 OR MORE, THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaging in business operations in Cuba and Syria; and 2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation and is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Sector List, or engaged in business operations in Cuba and Syria; and 3. Business Operations means, for purposes specifically related to Cuba or Syria, engaging in commerce in any form in Cuba or Syria, including, but not limited to, acquiring, developing, maintaining, owning, selling, possessing, leasing or operating equipment, facilities, personnel, products, services, personal property, real property, military equipment, or any other apparatus of business or commerce; and 4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals are placed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Sector List, or engaged in business operations in Cuba and Syria. __________________________________________ Authorized Signature __________________________________________ Printed Name __________________________________________ Title __________________________________________ Name of Entity/Corporation STATE OF _____________________ COUNTY OF ___________________ The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization on, this _____ day of _________________, 20____, by _______________________________ (name of person whose signature is being notarized) as the ________________________ (title) of ______________________________________(name of corporation/entity), personally known ______, or produced _________________________ (type of identification) as identification, and who did/did not take an oath. ______________________________________ _ Notary Public ____________________________________ Printed Name My Commission Expires: __________________ NOTARY SEAL ABOVE RFQ #18-22, Exhibit C E-VERIFY ELIGIBILITY FORM 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 MARCH 29, 2O22 Response to RFQ #18-22 Venue Management Operator NEW COACHMAN PARK AMPHITHEATER TABLE OF CONTENTS TABLE OF CONTENTS 1. LETTER OF INTEREST 2. DEMONSTRATED EXPERIENCE & PROJECT PERSONNEL 1 WHO WE ARE 2 WHAT WE BELIEVE 2 UNMATCHED EXPERIENCE 4 B-C. PROJECT MANAGERS 5 3. PROJECT METHODOLOGY, APPROACH, & SCHEDULE 9 MANAGEMENT PHILOSOPHY 9 SCOPE-OF-SERVICES 10 APPROACH TO BOOKING 12 BOX OFFICE & TICKETING 12 B. BUSINESS PLAN 13 C. PRODUCT DELIVERY SCHEDULE 13 4. REFERENCES 15 5. OTHER FORMS 19 A. EXCEPTIONS, ADDITIONAL MATERIALS, ADDENDA FORM 19 B. COMPANY INFORMATION FORM 19 C. RESPONSE CERTIFICATION FORM 19 D. EXHIBIT B_SCRUTINIZED COMPANIES FORM 19 E. EXHIBIT C_E-VERIFTY ELIGIBILITY FORM 19 F. COPIES OF LICENSES AND/OR CERTIFICATIONS IF REQUESTED 19 G. W-9 FORM 19 APPENDIX 21 CLIENT LISTS 21 LETTER OF INTEREST 11755 WILSHIRE BLVD., 9TH FLOOR • LOS ANGELES, CA 90025 OAKVIEWGROUP.COM 401 CHANNELSIDE DRIVE • TAMPA, FL 33602 VINIKSPORTSGROUP.COM March 29, 2022 Ms. Lori Vogel, CPPB Procurement Manager City of Clearwater 100 S. Myrtle Avenue Clearwater, FL 33756 Lori.vogel@myclearwater.com Dear Ms. Vogel, It is our sincerest pleasure to present you with OVG360’s and Vinik Sports Group’s (“VSG”) Proposal offering a full suite of services to the City of Clearwater (“City”) in response to your RFQ #18-22 for Venue Management Operator of your new Coachman Park Amphitheater (“CPA”). OVG360 is the newly branded division of Oak View Group’s Facilities division, offering an à la carte offering of services for our clients. The OVG360/VSG partnership was created to ensure that the City of Clearwater is in the best possible position to realize optimal return on your very important project in Coachman Park (“CP”). We fully understand how important the success of CP is to the future economic vitality of the City. We are certain our team is uniquely positioned to provide the necessary resources and support to achieve the best possible results for CP. You will reap the benefits from the combination of the most dynamic venue developer and operator in the world in OVG360, and the most successful and respected entertainment and venue company in the Clearwater/Tampa/St. Petersburg market in VSG. Together, we offer the City a partnership with two of the most dynamic venue services companies in our business. We will ensure you that YOUR new CPA operates with maximized programming variety and frequency – resulting in the highest return possible on your substantial investment. VSG has become the preeminent operator of entertainment and sports venues in the Tampa Bay region – providing management, marketing, and sales expertise to Amalie Arena, Yuengling Center (USF), and Raymond James Stadium. The marketing reach of VSG is unrivaled as they have a constantly updated database that reaches over 1.2 million people in your region. No other venue in the State of Florida has the marketing reach that VSG possesses, giving you the ability to effectively market the entire region to promote your event calendar. Touring artists want to perform in venues that give them the highest probability of success; this alliance will be especially attractive to artists, increasing their desire to perform in CP. Venues associated with VSG are also known for their constant commitment to providing the finest guest experience in any venue in the country. The partnership between VSG and OVG360 will make CP into an industry showcase for the best guest experiences found in any venue around the world. Oak View Group (“OVG”) was formed in 2015 by two of the most visionary and successful individuals in the entertainment, sports, and venue industries – Irving Azoff and Tim Leiweke. Irving has been the most prominent artist manager – handling the careers of performers such as Eagles, Jimmy Buffett, Harry Stiles, Bon Jovi, Doobie Brothers, John Mayer, and Chicago. He also served as Chairman of Ticketmaster, Live Nation, MCA Universal, Global Music Rights, and Iconic Artists Group. Irving’s involvement helps to generate the maximum concert content for venues operated, booked, and marketed by OVG360. Irving personally drives touring artist to venues that we operate - the same will be true in CP. Every venue managed and programmed by OVG360 has seen dramatic increases in both the quantity and quality of concert activity once we became involved. For example, we recently opened the new Enmarket Arena in Savannah, GA. With a seating capacity of 8,000 we have already booked concerts with Eagles, Bon Jovi, Jimmy Buffett, Morgan Wallen, Earth Wind & Fire, Alan Jackson, Keith Urban, and many other major touring attractions. You can expect the same quality of artists to perform in Coachman Park. Together with Irving, Tim founded OVG with the objective to be the most creative and entrepreneurial enterprise in the live entertainment venue industry. As Co-founder, CEO, and President of AEG (now ASM Global), Tim helped create and develop Staples Center, LA Live!, and other major entertainment destinations in London, Berlin, and Kansas City. He also served as Chief Executive of the LA Kings and Toronto Maple Leafs of the NHL; LA Galaxy and Toronto FC of the MLS; and the Toronto Raptors of the NBA. Under the leadership of Irving and Tim, OVG360 has developed over $6 Billion in new venues and now provides venue food and beverage services to over 250 amphitheaters, performing arts facilities, arenas, convention centers and stadiums. In Florida alone, we work with venues in Tampa, Jacksonville, Ft. Lauderdale, Miami, Orlando, West Palm Beach, Coral Gables, Homestead, Tallahassee, and Daytona Beach. We clearly have the people power and local oversight needed to make sure we can provide you with the highest levels of guest experiences and support. OVG’s premium sales and sponsorship division, OVG Global Partnerships, is the leading industry agency for the sale of Naming Rights and Corporate Partnerships and has secured more venue sponsorships in the past two years than any other similar firm. If requested, OVG Global Partnerships will actively begin marketing partnership opportunities for Coachman Park – driving significant revenues to YOUR bottom line. We also believe a significant market exists for a variety of premium product options. OVG360 and VSG are willing to consider an investment so we can create and build the premium product that the Clearwater market will support. By having the proper premium mix in the design, we can immediately begin to promote CPA, resulting in a positive impact on the venue’s financial performance from Day 1. We are acutely aware of the significant role that the new CPA is expected to play in the revitalization of Downtown Clearwater. We envision making CP and Clearwater into one of the most vibrant arts and entertainment destinations in the State of Florida. The OVG360/VSG partnership suggests the following programming initiatives that will give Clearwater recognition as a major venue and arts/entertainment community in the state, country, and internationally. A few of our initiatives are:  Spring Training for Orchestras - Partnering with the Florida Symphony to create an International Orchestra Festival that will include major symphony orchestras performing around the world to establish Clearwater as an international arts and music destination. We anticipate this event will deliver significant economic impact to the City as it will be marketed regionally, nationally, and internationally. This event will be hosted on an annual basis and will be proprietary to Clearwater and Pinellas County.  Partnering with major event promoters such as AEG, Live Nation, Feld Entertainment, Outback Concerts, and others to create a “must play” perception of the new CPA and the City of Clearwater. We will actively solicit all major event promoters to foster one of the most desirable venues and markets in the US.  Provide guests with a world-class food and beverage program that will feature some of the most acclaimed chefs in Clearwater and generate national and international recognition as the finest food and beverage experience found in any performance venue in the US. We plan on showcasing the finest chefs in Clearwater to create a reputation that will attract “foodies” to both the Pavilion and to restaurants in Clearwater. Our food and beverage experts will support CP with a team that already works in major markets across Florida, including marquee venues such as Dr. Phillips Performing Arts Center in Orlando.  We will focus on events that economically benefit the City and Pinellas County and will work closely the St. Petersburg Clearwater Area Convention and Visitors Bureau and the Tourism Development Council to create “homegrown events” designed to generate maximum economic impact to Clearwater and Pinellas County. OVG360 is unlike any other venue management company in the sports, hospitality, and live events industry. We authentically understand the challenges and frustrations that owner/operators face because we are owners. We invest in what we do, with a purpose of changing the world by leading through example. We own, build, and operate buildings. We put our own capital, our own reputations, and our own expertise on the line each and every day. We are, in fact, our clients’ champions. We believe that the partnership between OVG360 and VSG provides the City of Clearwater with the best opportunity to ensure your substantial investment in Coachman Park is protected and maximized. Your city and new venue will become partners with two of the most respected and dynamic companies in the entertainment and hospitality industry. We look forward to discussing our vision and proposal with you soon. Thank you for considering OVG360 and Vinik Sports Group. Sincerely, Peter Luukko Steve Griggs Co-Chairman, OVG360 & OVG Arena Alliance Chief Executive Officer, Vinik Sports Group DEMONSTRATED EXPERIENCE OF COMPANY AND PROJECT PERSONNEL OVG360 Response to RFQ #18-22 Venue Management Operator - Clearwater New Amphitheater 1 A POSITIVE DISRUPTION TO BUSINESS AS USUAL IN THE LIVE ENTERTAINMENT AND HOSPITALITY INDUSTRIES 2. DEMONSTRATED EXPERIENCE & PROJECT PERSONNEL WE WILL CREATE AN EXCEPTIONAL PARTNERSHIP OF WORLD-CLASS, GROWTH-ORIENTED ORGANIZATIONS THAT WILL ENABLE AN ENHANCED FAN EXPERIENCE, INCREASED CONTENT IN THE VENUE, AND GREATER REVENUE OPPORTUNITIES FOR ALL. 5,000+ EMPLOYEES 8,900+ LIVE EVENTS 234 OPERATING, BOOKING, & CONSULTING VENUES 102+ MILLION HOSTED ATTENDEES OVG IS STRONG AND GROWING OVG was founded and is led by two of the most creative and influential individuals in the live entertainment industry - Tim Leiweke and Irving Azoff, who have made OVG the world’s leading sports and entertainment development firm. Under the leadership of Peter Luukko, Co-Chairman or OVG360 and OVG Arena Alliance, we are the world's fastest growing venue management company. TOGETHER Led by INDUSTRY ICONS OVG360 Response to RFQ #18-22 Venue Management Operator - Clearwater New Amphitheater 2 2. DemonstrateD experience & project personnel We are here to be aWe are here to be a POSITIVE DISRUPTION to business as usual in the live to business as usual in the live entertainment and hospitality entertainment and hospitality industries. industries. WHAT WE BELIEVE THE LARGEST DEVELOPER OF SPORTS & ENTERTAINMENT FACILITIES IN THE WORLD WITH OVER $5.3B IN CAPITAL CURRENTLY DEPLOYED...and growing A Strategic Partner of THE WORLD’S LARGEST LIVE EVENTS PROMOTER WHO WE ARE With unmatched booking relationships WITH ALL PROMOTERS - OPEN VENUE POLICY OVG360 Response to RFQ #18-22 Venue Management Operator - Clearwater New Amphitheater 3 2. DemonstrateD experience & project personnel VSG CREATES WORLD-CLASS EXPERIENCES THAT GROW BRANDS, DRIVE REVENUE, AND IMPACT OUR COMMUNITY. 1.2+M FULL ACCESS NEWSLETTER DATABASE TAMPA BAY LIGHTNING EMAIL DATABASE with 520,000+ with 520,000+ SUBSCRIBERSSUBSCRIBERS and and SEASON TICKET HOLDERSSEASON TICKET HOLDERS& 6,000+ engaged Lightning & 6,000+ engaged Lightning season ticket holders & partnersseason ticket holders & partners OVG360 Response to RFQ #18-22 Venue Management Operator - Clearwater New Amphitheater 4 2. DemonstrateD experience & project personnel UNMATCHED EXPERIENCE Moody Center at University of Texas at Austin Austin, TX Climate Pledge Arena Seattle, WA Co-op Live Manchester, England UBS Arena Elmont, NY Acrisure Arena Coachella Valley, CA Enmarket Arena Savannah, GA São Paulo Arena São Paulo, Brazil OVG360 has opened 100+ venues across North America, many of which are similar to CPA. As your partner, we will bring forth the best minds in the business to provide recommendations and oversight, create opportunities, provide financial resources, and ultimately assist in making CPA the success the community wants and needs. OVG360 is developing and managing industry changing venues and cannot wait to deploy all our resources into the CPA. As the largest developer of sports and entertainment facilities worldwide, we can bring this unique skill set to help navigate every stage of this process including pre-opening, FF&E purchasing, and design review, strategically positioning CPA for maximum success. Grand Opening Events: Eagles, New Edition, Bon Jovi, Jimmy Buffett, Jason Aldean Grand Opening Events: Billie Eilish, Harry Styles, Eagles, New Kids on the Block, Marc Anthony Grand Opening Events: Coldplay, Andrea Bocelli, Eagles, Paul McCartney, Dave Chappelle Grand Opening Events: George Straight, Dave Matthews Band, Eagles, Justin Beiber, Kevin Hart Yuengling Center Tampa, FL Grand Opening Events: Tyler, the Creator; Trevor Noah; Jo Koy AMALIE ARENA: John Mayer, Bon Jovi, Eagles, Harry Styles, Smashing Pumpkins OVG360 Response to RFQ #18-22 Venue Management Operator - Clearwater New Amphitheater 5 2. DemonstrateD experience & project personnel B-C. PROJECT MANAGERS The combined OVG360 and VSG team will provide the City of Clearwater access to an unprecedented group of industry professionals whose entire goal is to make the new amphitheater a world-class destination for concerts, events, and the performing arts. No other company or organization has the combined resources of our two enti- ties. OVG360's and VSG’s corporate personnel are comprised of experienced industry veterans who have worked in every facet of the sports and entertainment industry. OVG360's and VSG's teams of professionals are eager and prepared to share their expertise with the City and its CPA. The corporate resumes of our key staff members who we have Identified as project managers and the individuals who will be assigned to the work as part of this project are summarized below. The summary below includes a description of their direct experience in conducting similar services including their area of responsibility. Name Title Years of Experience Area of Responsibility Peter Luukko Co-Chairman, OVG360/OVG Arena Alliance 40 Oversees growth for the company by acquiring new facilities, manag- ing relationships with promoters, artists, and managers, and consult- ing with developers, city officials, and team owners. Steve Griggs Chief Executive Officer, VSG 30+Local support Kevin Preast Chief Venue Officer, VSG 25+Project Manager, Venue/Booking Local support Doug Higgons SVP, OVG360 30+Project Manager, Venue/Booking Michael Ahearn SVP, Operations, OVG360 30+Pre-opening and operational oversight and support Trent Merritt RVP, OVG360 15+Regional and local oversight and support Chris Nelson RVP, OVG Hospitality 30+Food & Beverage oversight Thomas Anastasia RVP, OVG Hospitality 30+Project Manager, Food & Beverage Local support Claire Eichler Project Manager, OVG Hospitality 15+Food & Beverage oversight Kevin Grove Director, OVG Arena Alliance 30+Regional Booking support Dan Griffis President, OVG Global Partnerships 30+Sponsorship sales Bryan Furey SVP, OVG Global Partnerships 30+Sponsorship sales OVG360 Response to RFQ #18-22 Venue Management Operator - Clearwater New Amphitheater 6 2. DemonstrateD experience & project personnel PETER LUUKKO Chairman , OVG360,Co-Chairman, OVG Arena Alliance Peter Luukko, Co-Chairman for OVG360 and OVG Arena Alliance, is instrumental in overseeing growth for the company by acquiring new facilities, managing relationships with promoters, artists, and managers, and consulting with developers, city officials, and team owners. Additionally, he is Executive Chairman of the Florida Panthers Hockey Club and Sunrise Sports and Entertainment. Under Peter’s leadership, the franchise experienced a significant increase in ticket and corpo- rate partnership revenue and increased bookings in a variety of prominent shows at the FLA Live Arena. Peter previously served as President and Chief Operating Officer of Comcast-Spectacor, L.P. overseeing the Philadelphia Flyers, while serving as a member of the NHL Board of Governors. Tim Leiweke brings unmatched expertise in developing world-class arenas serving sports and live entertainment. He is a visionary leader and veteran in the sports and entertainment industry with over 30 years of executive experience. He has designed, built, and operated iconic venues across the globe, and has also led the development of championship teams in the NBA, NHL, MLS, AHL, and DEL. TIM LEIWEKE Chairman , OVG JEFF VINIK Owner/Chairman, VSG Jeff Vinik purchased the Tampa Bay Lightning on March 3, 2010, promising a comprehensive transformation of the franchise while pledging to make a significant positive impact in the Tampa Bay community, and he has delivered. Upon acquiring the Lightning, Vinik vowed to make the organization “world-class,” creating an unrivaled fan experi- ence while putting together a team of which Tampa Bay sports fans would be proud, on and off the ice. STEVE GRIGGS Chief Executive Officer, VSG Steve Griggs is the CEO of the Tampa Bay Lightning and AMALIE Arena. Griggs, who joined the organization as COO in 2010, is responsible for all the organization’s business operations, including all concerts and events at AMALIE Arena and the Yuengling Center on the campus of the University of South Florida. A veteran of the sports and entertainment industry, Griggs has also worked for Maple Leaf Sports and Entertainment, the Minnesota Wild, and the Orlando Magic, playing an instrumental role in the opening of new venues in all three locations. While in Tampa, Griggs has led the organization to unprecedented heights in the industry; highlights including more than 250 consecutive sell- outs for the Lightning and the number one ranking in ESPN’s annual Ultimate Sports Rankings for 2016. Irving Azoff is a music mogul with key artist insight Azoff has over 40 years experience in the entertainment industry, and Billboard has named him the most powerful person in the music industry. In 1974, he founded Front Line Management and became the exclusive manager for the likes of the Eagles, Fleetwood Mac, Travis Scott, Harry Styles, Christina Aguilera, Journey, Bon Jovi, and Van Halen. He later became CEO of Ticketmaster, Chairman of Live Nation, and Chairman and CEO of MSG Entertainment. IRVING AZOFF Board member , OVG OVG360 Response to RFQ #18-22 Venue Management Operator - Clearwater New Amphitheater 7 2. DemonstrateD experience & project personnel Doug Higgons is a 30+ year veteran of public assembly facility management with experience in administration, opera- tions, marketing, booking, pre-opening services, and event operations for arenas, theaters, stadiums, and conference centers. He has provided invaluable assistance in the design, construction, grand opening, renovation, operations, and transition phases of over 35 different venues. Doug has vast experience in management and operations for the Olympics which traces back to 1996 when he was involved in event services for the Atlanta Olympic Games. He later served as the Deputy General Manager for the Utah Olympic Oval during the 2002 Winter Olympic Games in Salt Lake City. Doug also has a diverse background in venue security, DOUGLAS HIGGONS Senior Vice President , OVG360 CHRIS NELSON Regional Vice President , OVG Hospitality Chris is a top-performing hospitality executive with deep industry experience leading multiple lines of business— education, sports and convention centers—with sustained and measurable success. Chris previously served as EVP of AVI Foodsystems for their Education and Leisure & Entertainment divisions, which drove over $200 million in revenue. Within the Leisure & Entertainment Division, Chris oversaw athletic and convention center contracts. His background also includes various leadership positions with Compass Group North America’s Chartwells Educational Dining Service and with Sodexo-run venues, such as Southeast Missouri State University and University of Illinois at Chicago. Chris oversees OVG Hospitality’s operations in the East to optimize results, pursue operational excellence, drive best-in-class guest services, and build long-term relationships with clients and employees. THOMAS ANASTASIA Regional Vice President , OVG Hospitality Thomas Anastasia provides on-site managers with guidance and support for day-to-day and long range planning – ensuring successful food and beverage operations so that financial goals are met and memorable experiences are created for clients and guests. Tom has over two decades in public venue food and beverage service. This time has been spent with two leading companies, and his experiences have shaped his manner of operation. Tom studied computer science at Florida College in Jacksonville, FL, and he also studied the cornerstones of guest service at Disney University. Bryan Furey leads the company’s Partnerships division. In this position, he generates profitable growth for OVG360-man- aged venues and properties across North America through the sale of naming rights, sponsorship, advertising, pouring rights, premium seating, and other commercial rights. Bryan oversees the division’s day-to-day operations. His team rep- resents over 100 clients, and has sold 40+ naming rights deals in the past decade — generating over $75 million in gross sponsorship sales each year. Bryan has been with the company for over a decade, growing through various roles includ- ing Project Manager and RVP. Bryan previously spent time working with IMG, managing events and selling sponsorships and premium seating for a roster of entertainment properties and high-profile athletes. BRYAN FUREY Senior Vice President , Partnerships, OVG Global Partnerships As President of Global Partnerships for OVG, Dan currently leads all revenue across the company including OVG’s arena development projects. Dan, a former senior marketing executive at Target Corporation, helped start OVG in 2015 and has since built one of the highest performing teams in the industry - which recently won the SBJ Sports Business Award for best Sales, Consulting and Client Service in 2021. Dan was the “Curator of Pop Culture” for the Target brand for many years running marketing across fashion, sports, entertainment, CSR, grocery and home. He also spent a decade as the head of marketing and sales for Chip Ganassi Racing Teams and started his career at KPMG as a management consultant and profitability expert. Dan earned a degree with honors in history and economics from The College of Wooster and an MBA with distinction from the University of Michigan. Dan is also proud to serve on the Sport Management Advisory Board (SMAB) at the University of Michigan and the Board of Directors at Grambling State University. DAN GRIFFIS President , OVG Global Partnerships OVG360 Response to RFQ #18-22 Venue Management Operator - Clearwater New Amphitheater 8 2. DemonstrateD experience & project personnel KEVIN GROVE Director, OVG Arena Alliance Kevin Grove joined OVG in 2017 after serving as Vice President of Event Programing for Sunrise Sports & Entertainment, the parent company of FLA Live Arena and the Florida Panthers. Kevin has over 30 years of experience in the venue management, concert promotion and advertising industries. He is former Vice President and Assistant General Manager for Hicks Cedar Park, parent company of Cedar Park Center (Now H-E-B Center) and the Texas Stars hockey club in the Cedar Park suburb of Austin, TX. There, he led the event booking and marketing departments and shared business op- erations oversight across all departments as part of the executive management team. Grove also managed a consulting partnership with the Dallas Stars operated Dr Pepper Arena in Frisco, TX. KEVIN PREAST Chief Venue Officer, VSG Kevin Preast serves as the Chief Venue Officer for Vinik Sports Group, previously the Executive Vice President of Event Management, after joining the company in 2015. Preast is an experienced booking and marketing professional with over 25 years of experience in the industry. He graduated from University of South Florida before joining Tampa’s “Ice Palace” team in 1996 as Executive Services and Sales Manager. Preast also worked for the arena and the Lightning as Group Sales and Service Manager before joining the Tampa Bay Rays in 1999 and Phillips Arena later that same year where he worked in a variety of roles with the arena and its professional sports teams including the Atlanta Thrashers (NHL), the Atlanta Hawks (NBA) and the Atlanta Dream (WNBA). Claire Eichler provides layout and design services for kitchen and concession spaces, food service equipment specification and procurement, and on-site project management installation for OVG360 and OVG Hospitality clients. Claire graduated from the University of North Florida, where she received her Bachelor of Science in Health and Nutrition. After college she moved to Colorado to intern for Ricca Design Studios, a food service consulting firm. Claire also worked as a food service equipment manufacturer’s representative for Ignite Foodservice located in Denver, CO. CLAIRE EICHLER Project Manager , OVG Hospitality Trent oversees the daily operations of numerous OVG360 properties. Previously, he held several positions including Event Manager at the Wells Fargo Center in Philadelphia; the AGM of Budweiser Gardens, in London, Ontario; GM of the WFCU Centre, in Windsor, Ontario; and GM at the University of South Florida Sun Dome. Under Trent’s leadership, the USF Sun Dome ranked 4th among all university venues in the nation with a capacity of 10,001-15,000 according to VenuesNow Magazine – based upon total gross ticket sales and attendance. Trent is a member of Florida Facilities Managers Association (FFMA), IAVM, and Pollstar. In addition to membership in FFMA, Trent is a Board of Directors member, and he serves on the Chair Operations Seminar Committee. TRENT MERRITT Regional Vice President , OVG360 MICHAEL AHEARN Senior Vice President , Operations, OVG360 Michael Ahearn uses his vast domestic and international venue management experience to elevate OVG’s facility operations throughout North America. In his position, he oversees Facility Operations Departments at all OVG-managed facilities. He also leads OVG’s Facility Consulting Division, which offers stand-alone venue planning, operations, and procurement services. Michael has held key positions at venues around the world, including Event Manager for the Sheffield Arena in England; Box Office Manager at the Spectrum in Philadelphia, PA; and Sport Complex Director at the Jacksonville Sport & Entertainment Complex in Jacksonville, FL. Michael holds a bachelor’s degree from Widener University in Chester, PA. PROJECT METHODOLOGY, APPROACH, AND SCHEDULE OVG360 Response to RFQ #18-22 Venue Management Operator - Clearwater New Amphitheater 9 3. PROJECT METHODOLOGY, APPROACH, & SCHEDULE MANAGEMENT PHILOSOPHY OVG360 and VSG will offer the City of Clearwater an operating plan that cannot be replicated. We bring the CPA a plan that fulfills the City’s vision of making the amphitheater a world-class venue that takes advantage of the beautiful surroundings and sets the venue apart from any other in the country. We are prepared to put the CPA on the world map as one of the best locations in the country for entertainment and the performing arts. In addition to the local resources of VSG and the premier entertainment relationships of OVG360, we bring the City a full-service food & beverage company and best in the industry naming rights, premium seating, and sponsorship sales. We have the vision and resources to make CPA financially successful while remaining accountable to the local commu- nity, as Coachman Park is a community asset. OVG360's and VSG’s venue management philosophy is simple – our mission is to work as an agent for the City of Clearwater to execute your goals and objectives as they pertain to CPA. We will act as your partner but manage your venues as if it were our own. Our management approach is to deliver the following: CLIENT-DRIVEN RESULTS City will establish the goals and vision for its CPA. OVG360 will create management plans that are consistent with those goals. PARTNERSHIP OVG360 believes in partnership management. We provide the very best in support, resources, and systems to allow our staff to be successful in our partnership with the City. FLEXIBLE THINKING We create an environment that encourages our team to adopt and evolve the customized oper- ating plan specifically designed for the CPA. HIGH-QUALITY STAFF OVG360 recruits and has access to the best and brightest minds in the industry by providing growth opportunities to ou employees. We are a company that prides ourselves by putting our clients and staff first. Their success is the foun- dation of our company’s success. CONTENT AND MAXIMIZED UTILIZATION OVG360 is uniquely capable of bringing events to the CPA. We will use our unmatched live entertainment resources to deliver new nation- ally touring events, as well as additional regional events consistent with the goals and objectives established by the City COMMUNICATION We will maintain an open, honest, and on-going dialogue with the City, the local community, and our staff in all areas of operations including booking, operations, finance, marketing, and food and beverage management. ACCOUNTABILITY OVG360 believes in a relationship where we are held accountable for everything we do, and everything we promise to do. DIVERSITY We are committed to diversity in the workplace by cultivating diversity within our company and encouraging the hiring of minorities and women for senior positions within OVG and at our venues. The foundation of our management and operations plan for CPA will be: • Meet with various City officials to fully understand the their goals and objectives for its CPA. • Identify and establish communication with appropriate City officials and its stakeholders. • Meet with event promoters and producers to inform them of the CPA’s capabilities of hosting special events. Conduct additional market research in the areas of demographics, competitive venues, and media in order to broaden the ticket buying base for all events. • Work with City and appropriate departments to create a Marketing Plan for utilization at the CPA and develop materials necessary to support the Plan. • Maintain city community relations and exposure to the entertainment and meeting industry through constant OVG360 Response to RFQ #18-22 Venue Management Operator - Clearwater New Amphitheater 10 3. project methoDology, approach, & scheDule contact, by means of media releases, promotions, advertising, and direct meetings. All of this will all be done in conjunction with the City so our operating plans will be coordinated to maximize our mutual goals. Our basic philosophy is to be your PARTNER in maintaining and operating the CPA. We will work with the City on the following: • Establish and Agree on an Operating Budget • Staffing Plan • Operations & Maintenance Plan • Internal Communications Plan • Specific Financial Procedures and Systems • Overall Business Plan APPROACH TO MANAGEMENT The OVG360 approach to management is to build an operating plan unique to the CPA that achieves the results the City wants, including: INCREASED FACILITY USAGE • No venue management company has as strong relationships in the live entertainment as OVG360. Our relationship and partnerships with Live Nation and FELD Entertainment are just two examples. that will positively impact CPA. We will find more events for the City. • We will work with the City and public agencies to turn local event ideas into reality, from concerts, and arts and cultural events, to regional and com- munity events. FOCUS ON THE BOTTOM LINE • We will create efficient operating plans. • We negotiate more profitability into each event. • We increase advertising sales and event sponsor- ships. • We negotiate the lowest possible vendor rates for supplies and services. • Using our proven specialists, we will attain the lowest possible rates for workers’ compensation insurance, employee benefits, and public liability insurance. ACCOUNTABLE FINANCIAL DECISIONS • The City will receive and be a part of creating and approving our annual budget. • The City will receive accurate monthly and yearly reports, detailing venue’s activity. • The OVG360 financial records for the amphithe- ater are open to review at any time. FOCUS ON STAFF • OVG360 will promote an open and direct line of communication among OVG staff, clients, and building managers, allowing them to share ideas, establish goals, and discuss mutual concerns. • OVG’s philosophy of open communication with staff creates a work environment that encourages creativity and a setting where everyone is selling. GUEST EXPERIENCE • Our service program encourages and rewards pro-active service initiatives by employees. • Each and every employee at the facilities will be empowered to solve problems. • Guests and users of the CPA will be surveyed to ensure management is aware of their experience, so service programs and staff training can be altered to create a better experience. SCOPE-OF-SERVICES Budgeting- Prepare annual budgets, provide monthly tracking, identify capital improvement opportunity Content & Scheduling - Maximize event activity and show profitability Labor Relations - Ensure positive, collaborative labor relations with key unions (stagehands, electricians, IATSE, etc.) Staffing & Customer Service- Recruit, develop, and retain diverse event staff to ensure best-in-class customer experiences Operational Excellence- Proactive maintenance, repair, upkeep, and on-going inspections to ensure quality front- of-house and back-of-house environments Sanitization & Ventilation - Implement rigorous cleaning & sanitization protocols in support of public health and COVD-19 protocols Parking & Mobility Services - Provide innovative parking solutions to improve performance, drive profitability, and prepare for future redevelopment needs Public Safety - Manage public safety and crowd control in accordance with best practices; provide on-going “Red Team” audits to ensure compliance with protocol Sustainability - Enhance existing operations with an eye toward greater venue sustainability Redevelopment - Coordinate with City to ensure operational efficiency and maximum profitability OVG360 Response to RFQ #18-22 Venue Management Operator - Clearwater New Amphitheater 11 3. project methoDology, approach, & scheDule PREMIUM & SPONSORSHIP SALES OVG Global Partnerships is Oak View Group’s sponsorship and storytelling division. Led by a team of former senior marketing executives for Fortune 500 companies, OVG Global Partnerships connects world class sport and entertainment properties with world class brands who want to build and communicate a compelling story to their customers through sports and live entertainment. They are relentless in their pursuit to help clients drive unparalleled engagement and build brand love. They have built some of the most culturally relevant and unique partnerships in sports, entertain- ment, music, fashion, and corporate social responsibil- ity — partnerships that influenced and created culture over the past decade. From large-scale naming rights to multi-faceted sponsorships and media partnerships, their industry knowledge gives them unprecedented ability to structure, execute, and derive maximum value from these partnerships. OVG360 PREMIUM SERVICES SALES OVG360 team members have formed innovative sales strategies, designs, and implementation plans for premium seating programs for dozens of our operated venues. Coupling our valuable experience with creative approaches to the sales process, OVG360 has been able to exceed premium seating goals and achieve a high level of success for our premium seating clients. Our approach to premium seating and hospitality sales is customized for each client. We focus on long-term suite and seat ownership as well as renting available areas on an event-by-event basis to ensure that max- imum revenue is generated from these high-profile locations. We develop custom hospitality packages that entice patrons and corporations through the inclusion of preferred parking, catered food and beverage, special event access, and premium experiences that are tai- lored to the needs of customers in your market. INVENTORY DEVELOPMENT Premium seating is a constantly-evolving facet of the sports and entertainment industry. OVG360’ primary goal when developing a premium seating program is to maximize revenue for each individual seat and to provide enough variety of inventory to increase revenue potential across various types of buyers, from a CEO, to an everyday fan. Previously, we have developed multiple diverse premium seating programs that include a variety of options such as: • Luxury suites • Club box seats • VIP clubs • Loge seats • Bunker suites • Courtside seat FOOD & BEVERAGE SERVICES OVG Hospitality, with more than 250 facilities in our client portfolio, is driven to provide best-in-class services to partner facilities across the live events industry. We believe in food that is local, fast, fun, and delicious. To ensure they have the resources they need to execute world-class programs on behalf of our clients, our on-site teams are equipped with guidance from all key areas of our operation including culinary, facility design, sustainability, data and analytics, procurement, operations, accounting, and training. OVG GLOBAL PARTNERSHIPS HAS SOLD OVER $1.9 B IN SPONSORSHIP IN LESS THAN FOUR YEARS OVG GLOBAL PARTNERSHIPS HAS SUCCESSFULLY SOLD 11 NAMING RIGHTS DEALS SINCE NOVEMBER 2019, DRIVING OVER $1 B IN REVENUE OVG360 Response to RFQ #18-22 Venue Management Operator - Clearwater New Amphitheater 12 3. project methoDology, approach, & scheDule SIMILAR EXPERIENCE & REGIONAL PRESENCE OVG Hospitality brings extensive regional presence and similar facility expertise to the City of Clearwater for your CPA. Our client portfolio includes more than 30 amphitheaters and performing arts centers, and we operate several facilities in the region including ZooTampa at Lowry Park, Exploria Stadium (home to the MLS Orlando City Soccer), Dr. Phillips Center for the Performing Arts, and the University of Central Florida Athletic Facilities. Additionally, OVG Hospitality RVP Thomas Anastasia is based locally in Tampa. These regional resources will provide our team with the ability to be deeply engaged through the development and construction of the facility. PRE-OPENING AND CONCEPT DESIGN Throughout the critical opening phase of the facility, OVG Hospitality will be an integral member of your design team. Our leadership includes individuals with decades of experience supporting the buildout of complete F&B programs including everything from space planning, to technology, to FF&E purchasing. Our creative and culinary teams will develop brands and menus that are specific to the facility and will bring to life a Clearwater-specific program, incorporating local providers and brands throughout. APPROACH TO BOOKING BOOKING STRATEGIES Booking events and marketing them to the local com- munity will be THE priority of the senior management of OVG360. Our booking leverage is real and begins with Irving Azoff, VSG Live, and the support we receive from Live Nation and all our booking relationships. There is one simple truth in the entertainment touring industry; shows go where they believe they will be successful. At OVG360, we know how to make events successful. Perhaps most importantly for CPA is that our record of success has provided us the necessary national and regional relationships to book events in the amphithe- ater. OVG3630 sees a unique opportunity to help City drive attendance to the venue, bringing new patrons to the venues and the region. To be successful and effective at booking events, a company must know the entertainment industry and understand the artists, the agents, the promoters, and most of all, their facility. OVG360 has outstanding relationships with every major booking agency, event promoter, and family show producer in North America. When programming CPA we will be agnostic. The ven- ues will be marketed to ALL event promoters. VSG LIVE VSG Live books, markets, and operates live event experiences throughout Tampa Bay. Leveraging its vast relationships across the entertainment industry, VSG Live brings a diverse event mix to its portfolio of venues creating memorable moments year-round. The VSG Live division offers full service event management expertise from the announce to the encore. VSG Live portfolio includes AMALIE Arena, Yuengling Center, and ticketing/marketing of Tampa Sports Authority major events and festivals including Monster Jam, Taco and Margarita Festival, Coldplay at Raymond James Stadium, and The Weeknd. BOX OFFICE & TICKETING BOX OFFICE MANAGEMENT OVG360 views ticketing and box office management as an extension of our overall sales and marketing service. We utilize well-tested and proven procedures for operating the box offices at the facilities we manage. We will implement many of these same procedures at CPA. Of course, we tailor our service, where necessary, to fit the specific needs of each client. TICKETING OVG360 understands that one of the key ingredients necessary for ticket distribution is the ease with which guests can purchase their tickets. We pay close attention to hours of operation, telephone service in terms of knowledge and courtesy, accessibility of outlets, reliability of Internet purchases, and several other factors that make it easy for customers to buy tickets with confidence. With the volume of sales at the facilities we manage, it is often most economical to contract with a ticket distribution company. OVG360 Response to RFQ #18-22 Venue Management Operator - Clearwater New Amphitheater 13 3. project methoDology, approach, & scheDule OVG360 has an excellent working relationship with many ticketing organizations. Of course, we tailor our service to fit the specific needs and goals of each client. We understand that one of the key ingredients necessary for effective ticketing is easy access for guests to purchase their tickets. B. BUSINESS PLAN OVG360 and VSG believe in the financial success in the new amphitheater and we are prepared to invest in the new venue. We will put our money where our mouth is and will invest in areas of the venue that provide financial returns that will benefit the City of Clearwater. We are excited to sit with the City to discuss the parameters for such an investment. OVG360 and VSG’s management plan for the CPA will rely on the following: • We are the only team with the ability bring true international artists, relying on the relationships of OVG360’s founder and board member, Irving Azoff ,and the local relationships of VSG. • We have a special relationship with the largest concert promoter in the world – Live Nation. Live Nation produces 85% of the concert tours on the road. In addition, we work closely with all national, regional, and local promoters such as AEG Live. We remain committed to keeping the CPA an open venue for all promoters. • We understand the vision to make CPA a world- class venue, while remaining committed to local community. • Pinellas county TDC to host events that bring people from out of the region to Clearwater to maximize hotel nights associated with the CPA. • OVG Hospitality will bring true professionalism to the F&B operations of CPA. OVG Hospitality had over $263M in annual gross sales in 2020 and has a significant presence in the market • VSG/Tampa Lighting are the premier entertainment company in the Tampa Bay / St. Pete / Clearwater marketing place. Their marketing prowess in the region will be patrons to the CPA that would not otherwise make the drive to Clearwater. VSG’s marketing footprint is largest in the region and will give us the ability to market the Pavilion to the entire region and not just Clearwater/St. Petersburg. VSG has the following marketing assets: –1,200,000 people in database –VSG and OVG Global Partnerships offer the best in naming rights and sponsorship sales. OVG Global Partnerships has sold over $1B in naming rights partnerships in the past 4 years. In addition, OVG Global Partnerships has sold over $1.9B in total sponsorships during that time period. VSG has sold the $45M+ local naming rights and sponsorships. • CPA will be true a community asset – OVG360 and VSG will ensure that the venue offers something for locals while making the venue a world-class destination. • We will work with local amateur parks and the Tampa Bay Sports Commission to use the Park and amphitheater for post tournament awards, events, and concerts. • Install the VSG customer service program for all CPA employees, creating a welcoming culture for all coming to the amphitheater. • Work with the Florida Orchestra to create a World Music Festival in the winter months welcoming world renowned orchestras to play at the CPA with the focus on promoting performing arts to locals and visitors of all ages. • Collaborate with the local museums to create events and festivals promoting the arts. C. PRODUCT DELIVERY SCHEDULE OVG360 takes pride in our best-in-class onboarding processes and procedures. We have a dedicated department that is responsible for onboarding all new clients, as well as facilitating seamless and efficient transitions. This program, paired with our ongoing operational support plans, are designed to deliver memorable experiences for clients, employees, and customers. Our proposed schedule for the product delivery which supports our ability to complete the events on schedule and on budget is provided on the following page. Complete May '22 Jun '22 Jul '22 Aug '22 Sep '22 Oct '22 Nov '22 Dec '22 Jan '23 Feb '23 Mar '23 Apr '23 May '23 Jun '23 Jul '23 Aug '23 Sep '23Operational Design and Construction Consulting Assist with design consulting Assist with construction consultingIdentify necessary patron services and amenities and relay to design teamDevelop parking, traffic management, and bus pick-up and drop-off planDevelop venue sanitization planDevelop security services and public safety plan Identify Information technology requirements Make recommendations on premium seating products and incorpore into the design/construction Develop utility consumption and control planIdentify additional revenue opportunities (signage, food and beverage, merchandising, parking, decorating, AV) Review operational efficiencies with regard to housekeeping, maintenance, and traffic flow, especially show move-in and move-out access Review applicable codes, especially as they relate to user requirements and the maintenance of necessary aisle ways and routes of passage as they affect capacity and public safety Review designs for communications systems (including alarm systems)Insure that facility is ADA and OSHA complianceDevelop plan for medical/first aid services Identify staffing plans for events and how they are impacted by design elementsWork with City of Clearwater to determine FF&E BudgetWork with City of Clearwater to determine purchasing procedures for FF&EReceive and inventory FF&EAdvise client on acceptance of structure and substantial completion Contribute to and monitor contractor’s completion of punch list Review completion report with client, including full set of as-built drawingsCoordinate transition from construction project to an operating facility Staffing Create Staffing Plan and Review with City of Clearwater for Approval Interview / hire General Manager Interview / hire Director of Food & BeverageInterview / hire Food & Beverage StaffInterview / hire Director of Production/OperationsInterview / hire Production/Operations Staff Interview / hire Events Manager(s) Operational Start-UpWork with City of Clearwater to develop booking and scheduling policy Establish and get approval from City of Clearwater on rental rates and service fees Determine best software for venue scheduling and event coordinationLoad floor plans, capacities and equipment inventory into scheduling databaseCreate facility producer’s and event user guidelinesDevelop and get approval from City of Clearwater on User Rental ContractDetermine what services (electrical, phones, security, decorating, etc.) will be provided by third parties Enter into service contracts (electrical, phones, decorating, security, etc.)Establish house policies (rules and regulations of usage)Determine necessary computer hardware/softwareCustomize an Operations Manual for the facilityDevelop emergency plans (fire, bomb threat, hazardous materials, flood, terrorism, etc.) Establish preventative maintenance systems for mechanical and electrical equipment Acquire necessary permitsMaintain booking calendar; schedule and contract eventsWork with City of Clearwater to develop Grand Opening programDetermine ticketing solution and enter into contract with vendorDetermine office locations for on-coming staff Implement Customer Service Program Facility MarketingDevelop and implement Event Center branding campaign with input and assistance from City of Clearwater, local hotels, Hillsborough County TDC, Visit St. Petersburg/Clearwater Establish sales protocols and roles with local hotels, Hillsborough County TDC, Visit St. Petersburg/Clearwater Develop sales plan with coordination with local hotels, Hillsborough County TDC, Visit St. Petersburg/Clearwater Establish sales budget Establish tradeshow attendance in coordination with local hotels, Hillsborough County TDC, Visit St. Petersburg/ClearwaterBased on experience, analysis and research, develop marketing plan targeting national eventsBased on experience, analysis and research, develop marketing plan targeting regional and local eventsBased on experience, analysis and research, develop marketing plan targeting private functions Implement sales and marketing plan Develop facility public relations planDevelop materials necessary to support the plansDevelop web-siteLaunch web-site FinanceEstablish accounting policies and procedures with City of ClearwaterEstablish cash management proceduresOrder all forms needed for part time staff hiring Input all part time employee information Design time sheetPurchase and install all necessary software, (i.e. MAS-200)Establish payroll accounting codesInstall phone line for transmittalBe ready for payroll transmission to OVG's Corporate Office Evaluate and select bank for deposit of Operating Funds Set up cash accountsSet up chart of accountsOrder manual checksOrder purchase ordersOrder invoices Input vendor listing Format financial statementsEstablish event settlement forms and policiesUpdate all administrative forms, letterhead, and business cards Grand Opening Plan Grand Opening to maximize market impact and community relationsEstablish Grand Opening CommitteeCommittee meetingsAssign Committee tasks Target Grand Opening events and activities Carry out Grand Opening series of events NEW CLEARWATER AMPITHEATER / OVG360 / Vinik Sports Group DRAFT Pre-Opening Timeline and Check List / As of March 21, 2022 - Assumes July 2023 Opening NOTE: ALL ASSIGNMENTS ARE DONE WITH CITY OF CLEARWATER OVERSIGHT AND INPUT REFERENCES OVG360 Response to RFQ #18-22 Venue Management Operator - Clearwater New Amphitheater 15 4. references 4. REFERENCES OVG360 currently provides management, booking, and consulting services to 234 venues, consisting of 20 spe- cialized venues, 81 arenas, 58 conference/convention centers, 17 stadiums, 24 performing arts centers/theaters, 11 fairgrounds, and 23 recreational facilities. OVG360's entire client list can be found as an Appendix to this Re- sponse. OVG360 Response to RFQ #18-22 Venue Management Operator - Clearwater New Amphitheater 16 4. references AVALON THEATRE & AMPHITHEATER AT LAS COLONIAS PARK (GRAND JUNCTION, CO) VENUE OVERVIEW: Venue Capacity: • Grand Junction Convention Center: 23,000 sq. ft. • Avalon Theater: 1,100 seats • Amphitheater at Las Colonias Park: 4,000 seats (booking only) OVG 360 ROLE: Operator and Sponsorship Sales Length of Time Providing Service: 2017 - present Food and Beverage Provider: In-house Ticketing Service Provider: Ticketmaster Notable Achievements & Accomplishments: • Decreased the City’s Subsidy by almost $200,000 • Technology upgrades including building-wide WiFi and High-Speed Internet • Overhauled and revamped the Food and Beverage operations and improved the quality of food by utilizing local and regional products • Created and implemented training programs for all event-based employees, resolving inefficiencies and im- proving employee retention • Expanded grassroot efforts to include window wraps, posters City, and live-size cutouts and photo frames of upcoming events • Expanded the marketing mix to include social media advertising • Created events and event series to increase the variety of entertainment options • Hosted Jim Gaffigan, Jake Owen, Brothers Osborne, For King and Country, Foreigner CLIENT CONTACT Jay Valentine 250 N 5th Street, Grand Junction, CO 81501 Phone: 970.244.1517 FORD IDAHO AMPHITHEATER (NAMPA, ID) VENUE OVERVIEW: Venue Capacity: 12,000 DMA Ranking: 106 OVG360 role: Venue Management Services Length of Time Providing Service: 2015 - Present Food and Beverage Provider: Sodexo Ticketing Service Provider: Paciolan Tenants: • Snake River Stampede (Hall of Fame PRCA Rodeo) • Idaho Horsemen (America West Conference Indoor Football) Notable Events & Accomplishments: • Hosts 130+ events on an annual basis, with an overall attendance of 393,000+ • OVG360 has exceeded the set budget for each year of operation. • Venue finished at a profit for the first time in 23 years (3rd year with OVG360) in 2018 • Sponsorship sales have nearly doubled in three years CLIENT CONTACT Jeff Branick, County Judge/ Jefferson County 409.748.0247 jbranick@co.jefferson.tx.us OVG360 Response to RFQ #18-22 Venue Management Operator - Clearwater New Amphitheater 17 4. references FORD PAVILION AT FORD PARK ENTERTAINMENT COMPLEX (BEAUMONT, TX) VENUE OVERVIEW: DMA Ranking: 141 OVG360’s role: Venue Management Services Food Services & Hospitality, Naming Rights & Sponsorship Sales Length of Time Providing Service: 2017 - Present Food and Beverage Provider: OVG360 Ticketing Service Provider: Ticketmaster Tenants: Beaumont Panthers Summary: Ford Pavilion opened in Spring 2003 with Kenny Chesney and Keith Urban and continues to host some of the biggest names in music. The 14,000-seat Ford Pavilion has first-class amenities, ample parking, restrooms, food and beverage plazas and lots of space to enjoy a relaxing evening under the stars. CLIENT CONTACT Jeff Branick, County Judge/ Jefferson County 409.748.0247 jbranick@co.jefferson.tx.us YUENGLING CENTER (TAMPA BAY, FL) VENUE OVERVIEW: DMA Ranking: 10 VSGs role: Tampa Bay Entertainment Properties, a subsidiary of Vinik Enterprises, LLC, took over management of the facility in July of 2017, and brought D.G. Yuengling and Sons on as entitlement partner in June of 2018. Length of Time Providing Service: 2017 - Present Food and Beverage Provider: Aramark Ticketing Service Provider: Ticketmaster Tenants: Primary tenants of the Yuengling Center include The University of South Florida Men’s and Women’s Basketball teams, and the USF Volleyball team. Notable Achievements & Accomplishments: • Hosted Elton John; Tyler, the Creator; Mary J. Blige; Trevor Noah; Jo Koy Summary: Sitting on the campus of one of Florida’s largest universities, the Yuengling Center, home of the University of South Florida’s basketball and volleyball programs, provides Tampa Bay and the USF community with over 250 events per year with over one million guests. We strive to provide world-class sporting and entertainment events for the greater Tampa Bay community, in addition to USF students, faculty and staff. CLIENT CONTACT Michael Kelly 813.974.1442 michaelskelly@usf.edu OTHER FORMS OVG360 Response to RFQ #18-22 Venue Management Operator - Clearwater New Amphitheater 19 5. other forms 5. OTHER FORMS As required by the RFQ, the following forms are provided as part of our Response. A. EXCEPTIONS, ADDITIONAL MATERIALS, ADDENDA FORM B. COMPANY INFORMATION FORM C. RESPONSE CERTIFICATION FORM D. EXHIBIT B_SCRUTINIZED COMPANIES FORM E. EXHIBIT C_E-VERIFTY ELIGIBILITY FORM F. COPIES OF LICENSES AND/OR CERTIFICATIONS IF REQUESTED G. W-9 FORM *Submitted electronically through bid website THANK YOU 3 /IMAGINE CLEARWATER VENUEMANAGEMENT OPERATORQUALIFICATIONS PRESENTED TO THE CITY OF CLEARWATER PREPARED BY RUTH ECKERD HALL, INC IMAGINE CLEARWATER COACHMAN PARK AMPHITHEATER 3 /IMAGINE CLEARWATER Letter Of Interest To the Selection Committee: Thank you for this opportunity to submit our qualifications to operate the Imagine Clearwater amphitheater at Coachman Park. We are very excited at the prospect of expanding the services we provide the City of Clearwater and its stakeholders. Ruth Eckerd Hall, Inc. is uniquely qualified having a 40-year track record of successfully operating city-owned entertainment venues and doing it extremely well.  The Ruth Eckerd Hall brand is recognized nationally for excellence in programming and customer service.  As a mission-driven not-for-profit, our roots run deep in this community, combining good stewardship with greater opportunities for those we serve. Our Board of Directors and support base, comprised of leaders from business, public service, health, and social institutions, have ensured close community ties since our founding and uniquely sets us apart from other venue operators.  Over the past 15 years, we expanded our services to include booking and producing outdoor events at locations throughout the Tampa Bay area: • Coachman Park, Clearwater • Sand Key Beach, Clearwater • The District, Clearwater • Pier 60 Park, Clearwater • Tropicana Field, St. Petersburg • Vinoy Park, St. Petersburg • Straub Park, St. Petersburg • Innisbrook Golf Resort, Palm Harbor • Tradewinds Resort, St Pete Beach • Sims Amphitheater Park, New Port Richey • Florida Aquarium, Tampa • Curtis Hixon Park, Tampa • One Buc Place, Tampa • Water Works Park, Tampa As we flourish in delivering our mission and our footprint grows regionally, we continue to receive national recognition for educational programming and operational excellence including: Theater of the Year two-time nominee, Academy of Country Music Theater of the Year three-time nominee, Pollstar All-Star Award - Theater/Performing Arts Center, VenuesNow Grammy Museum® Affiliate, one of only 8 cultural institutions world-wide Partner in Education, John F. Kennedy Center for the Performing Arts Large Non-Profit of the Year, Clearwater Regional Chamber of Commerce Non-Profit Impact Award, Bilheimer Capitol Theatre, Tampa Bay Businesses for Culture and Arts Top Workplaces 2020, Tampa Bay Times Best Places To Work 2022, Tampa Bay Business Journal LETTER OF INTEREST/ 3IMAGINE CLEARWATER OUR INTEREST IN THE AMPHITHEATER PROJECT IS ROOTED IN OUR MISSION OF changing lives through the performing arts. We are passionate about offering world class entertainment; we are passionate about overcoming obstacles to make the arts accessible to all; we are passionate about adding value beyond expectation. That passion permeates our organizational culture, earning the respect and trust of partners, patrons and colleagues. It inspires each member of our 200-plus team, 350 volunteers, 3,500 donors, and Board of Directors, who take a personal stake in ensuring a sound financial footing year after year. We typically maintain an 80% earned / 20% contributed revenue model, highly efficient for an arts organization of our caliber. Our current net assets total $47M. No company can consistently maintain financial health, workplace satisfaction, brand loyalty, and community investment, without integrity and sound business practices. We are unusual in our ability to navigate a highly competitive, high risk industry with the outlook that at the end of the day, improving the quality of life for our constituency is the reason we do it. Most important, we understand that the amphitheater represents more than an event space to manage or a building to lease. It needs to be a community treasure for residents and businesses, worthy of its prime location and the investment made in building it. It is critical that the operator understand that difference and commit that the opening years pave the way for long-term success far beyond a five-year contract. We do and we will be if selected. Clearwater witnessed that first-hand when we undertook management of the Nancy and David Bilheimer Capitol Theater, adjusting programming, staffing and resources in accordance with its needs and delivered beyond the operating agreement. Since its re-opening in 2013, the venue is consistently ranked in the top 10 world-wide for venues under 800 seats. It has become a favorite for concert-goers across the state and a preferred stage in the industry as evident in the gushing reviews by artists and fans alike on social media. We come to this project with that same leadership and dedication. The Ruth Eckerd Hall Board of Directors views extending management expertise to launch and position this beautiful venue a natural next step in our long-standing commitment to Clearwater’s economic and cultural success. Thank you for your consideration. Susan M. Crockett President & CEO Ruth Eckerd Hall, Inc. 1111 N McMullen-Booth Road Clearwater, FL 33759 727.712.2704 LETTER OF INTEREST/ 4IMAGINE CLEARWATER 3 /IMAGINE CLEARWATER Demonstrated Experience of Company and Project Personnel A description of what qualifies your company, financial and otherwise, to provide the City with these services for the required period of time, provide appropriate staffing, necessary resources and show a history of demonstrated competence. Ruth Eckerd Hall, Inc. offers: • Four decades of operating, maintaining, and improving, city-owned venues • 30 plus years of programming a variety of genres in venues consistently rated in the top 10 world-wide • Success in producing outdoor concerts and events, including with and for the City of Clearwater • Executive team with decades of experience in venue programming and operations • History of multi-venue programming and promotion including the Amalie Arena, Mahaffey Theater, Tampa Theater, Palladium, Floridian Social Club • Demonstrated competency in managing multiple venues and concurrent events including productions at Curtis Hixon Park, Sims Amphitheater Park, Ruth Eckerd Hall, the Bilheimer Capitol Theatre, and a family arts street festival in the District, all on the same day • Award winning customer service • Wide community support with over 3,500 annual contributors and 350 volunteers • A diverse Board of Directors of community leaders providing accountability and leadership • Expertise in West Coast Florida market, media channels and segmentation • Loyalty market of 150,000 eClub members • Industry recognition and respect • Pre-established infrastructure providing over 250 jobs locally • Benefits from economies of scale and proven success in achieving operating efficiencies by providing satellite support as appropriate • Negotiated pricing – artists, IATSE union, vendors • Synergistic partnerships including Live Nation, AEG, The Florida Orchestra, Clearwater Jazz Holiday, Pinellas County Schools • Demonstrated commitment to community engagement and education opportunities • Adoption of environmental-friendly products and protocols and Ocean Allies certified • Integrity and sound business practices – clean audits, PCI compliant and cybersecure systems • Strong financial position (2021 Audit attached) • A $79M economic impact base on which to grow (Ruth Eckerd Hall Economic Analysis, C. H. Johnson Consulting Inc., 2016)DEMONSTRATED EXPERIENCE OF COMPANY AND PROJECT PERSONNEL/ 6IMAGINE CLEARWATER a. DEMONSTRATED EXPERIENCE OF COMPANY AND PROJECT PERSONNEL/ 7IMAGINE CLEARWATER b.Identify the project managers(s) and individuals who will be assigned to the work as part of this project. Include resumes for each person to be assigned. SUSAN M. CROCKETT, President & CEO 2018 - Present Prior Positions 1988 - 2017 Education & Experiences • VP of Operations/COO • Chief Information Officer • Director of Ticketing & IT • Business Analyst • Arts Education Manager • Box Office Manager • House Manager • B.A. Business Management, Eckerd College • Sciences & Visual Arts, Hofstra University • Crisis Leadership certified, USF Muma School of Business • Tampa Bay Community Foundation Non-Profit CEO Leadership Class of 2020 Honors & Service • “Businesswoman of the Year” 2019, Tampa Bay Business Journal • “CIO of the Year” 2016 nominee, Tampa Bay Business Journal • Amplify Clearwater Board of Directors • Ministries to marginalized populations – Homeless, Health Services, Food Assistance • Mentor for at-risk adolescents, Girl Scout Leader, Youth Soccer Coach BOBBY ROSSI, EVP & Chief Programming Officer 2015 - Present Prior Positions 1988 - 2014 Education & Experiences • Director of Programming • Promoter and Producer (Fantasma Productions/AEG Live) • B.A. Communication, High Point University, NC • Founder of “Ruth Eckerd Hall on the Road” Honors & Service • “Promoter of the Year” National Award, Creative Loafing Publications • “Executive of the Year”, International Entertainment Buyers Association • “Mr. Clearwater” nominee, Clearwater Chamber of Commerce • President, Florida Presenters Consortium, 2001-2006 • Industry panelist and conference host • Clearwater Downtown Partnership Liaison / 8IMAGINE CLEARWATER DEMONSTRATED EXPERIENCE OF COMPANY AND PROJECT PERSONNELSHARON REID-KANE, ED.D., VP & Chief Education & Community Engagement Officer 2014 - Present Prior Positions 1992 - 2013 Education & Experiences • Senior Director of Education • Associate Director of Education • Community Relations Specialist & Educator (Pinellas County Schools) • Director (United Way of Pinellas) • Doctorate, Education specialized in Arts Education & Integration, Southeastern University • Americans for the Arts Leadership Program • Leadership Pinellas Class of 2013 • Grant Judge, Florida Division of Cultural Affairs • Industry Speaker, Writer & Panelist Honors & Service • “Arts Education Professional of the Year”, Florida Alliance for Arts Education • “Cooperman-Bogue Award” for service to children and families, Juvenile Welfare Board • “President’s Service Award” • “Excellence in Theater Education” nominee, Tony Awards® • Past President, Arts for a Complete Education • Clearwater Arts Alliance Board MEGAN BRENNAN, VP & Chief Marketing Officer 2015 - Present Prior Positions 2002 - 2014 Education & Experiences • Directing of Marketing • Marketing & Promotions Manager (Live Nation-Florida) • Promotions Coordinator (CBS Radio, Cox Media Group) • B.A. Communication & Organizational Leadership, Purdue University • Created the Ruth Eckerd Hall Experience brand • Marketed Tampa amphitheater events • Digital Marketing, Public Relations, Graphic Design Honors & Service • “Women of Influence” nominee, VenuesNow • “Up and Comer” nominee, Tampa Bay Business Journal / 9IMAGINE CLEARWATER DEMONSTRATED EXPERIENCE OF COMPANY AND PROJECT PERSONNELSARAH PROUT, VP & Chief Financial Officer 2019 – Present Prior Positions 2006 - 2019 Education & Experiences • Director of Finance & Human Resources (The Arc of Litchfield, CT) • Assistant Director of Finance (Family Services of Greater Waterbury, CT) • B.A. Business Administration, Charter Oak State College, CT • Strategic Planning, Regulatory Compliance, Risk Management, Crisis Management Honors & Service • Northwest Connecticut Chamber of Commerce Government Relations Board • Connecticut Department of Developmental Services Advisory Committee • Treasurer, Board of Directors, Adam’s House Grief Support Center SUZANNE DELANEY, CFRE, VP & Chief Development Officer 2018 – Present Prior Positions 2006 - 2017 Education & Experiences • Director of Development • Divisional Advertising Manager (Tampa Bay Times) • Advertising Director (Peninsula Daily News, WA) • M.A. Communication specialized in Public Interest, University of Florida • Fundraising Management certified, Indiana University Lilly School of Philanthropy • Leadership Pinellas Class of 2020 • Capital, Annual and Endowment Campaigns Honors & Service • Clearwater Arts Alliance Board of Directors • Clearwater Chamber of Commerce Board of Directors • Life-long Participant in Community Theater / 10IMAGINE CLEARWATER DEMONSTRATED EXPERIENCE OF COMPANY AND PROJECT PERSONNELTYSON SMITH, Technical Director 2005 – Present Prior Positions 1983 - 2005 Education & Experiences • Assistant Technical Director • House Sound Engineer • Sound & Recording Engineer (Straz Center, Calvary Church-Brandon) • Instructor (Hillsborough Community College) • Technical Theater, Hillsborough Community College • Synergetic Audio Concepts graduate • Union Contract Management • Production services oversight for over 100 outdoor concerts Honors & Service • Member of Florida Venue Management Association • Technical theater partner with Pinellas County School’s Executive Intern program • Volunteer consultant on theater technology for community organizations ADAM BURR, Director of Ticketing & Sales 2022 – Present Prior Positions 2006 - 2021 Education & Experiences • Director of Sales • Account Executive (Brown & Brown Property & Casualty Insurance) • Group Sales Coordinator (Tampa Bay Lightning) • Box Office Supervisor (Amalie Arena) • Public Relations Assistant (Tampa Sports Authority) • B.A. Recreation with specialization in Hospitality Management, University of Florida • Sales experience includes Season Tickets, Groups, Program Advertising and Insurance • Promoted Tampa Bay Bucs, Lightning, Storm and Mutiny professional teams and USF Bulls. Honors & Service • Highest sales record for group sales in Ruth Eckerd Hall’s history • Exemplary customer service reviews / 11IMAGINE CLEARWATER DEMONSTRATED EXPERIENCE OF COMPANY AND PROJECT PERSONNELJOHN CIRELLI, Director of Food & Beverage 2018 - Present Prior Positions 1981 - 2017 Education & Experiences • F & B General Manager (Centerplate/ Tropicana Field) • Director of Premium Services (Yankee Stadium) • Beverage Manager (Yankee Stadium) • B.A. Hospitality Management, Florida International University • National assignments for major events • Catering, concessions, bar service, inventory control, procurement, VIP/Suite service Honors & Service Managed food and beverage service for: • Six World Series, Five Super Bowls, NCAA Final Four, NCAA National Championship, Republican National Convention, and numerous stadium/arena concerts JONATHAN WALSER, Director of Security 2017 – Present Prior Positions 1994 - 2016 Education & Experience • Law Enforcement Officer (Clearwater Police Department) • Corrections Officer (Pasco County Sheriff’s Office) • Police Academy • St. Petersburg College • United States Marine Corps • Class D, C, and G Licenses Honors & Service • Chief’s Unit Citation Ribbon (four), Clearwater Police Department • Commendation Medal, City of Clearwater • Florida Congressional Proclamations for Service (three) • President, Fraternal Order of Police, Clearwater • Volunteer – YMCA, Cops for a Cause, Baypines VA, Veterans Community Board ED JONES, Director of Engineering 2018 – Present Prior Positions 1988 - 2017 Education & Experiences • Director of Environmental Operations • Facilities Director (Florida Southern College) • Director of Campus Security (FSC) • Casualty Prevention Officer (FSC) • Plant Operations Technician (Oak Hill Hospital, Brooksville) • Oversaw maintenance of 100-acre campus with 67 buildings • Trades include plumbing, electrical, HVAC • Plant operations, custodial management, project management • Owner’s representative for $14M renovation and expansion / 12IMAGINE CLEARWATER DEMONSTRATED EXPERIENCE OF COMPANY AND PROJECT PERSONNELc.Describe the direct experience in conducting similar services for each key staff members who will be contributing to the project, including their area of responsibility. Crockett will oversee the amphitheater’s venue manager. With the venue manager and executive team reporting to the CEO, she will ensure compliance with the operating contract, lead strategic planning, facilitate the formation of goals and benchmarks, assess internal performance, advocate for the venue in the community and with Ruth Eckerd Hall stakeholders, and hold the team accountable for delivery. As former VP of Operations and CIO, Crockett has been on the executive team for 15 years and leading it since 2018. Rossi will craft the line-up of artists, leveraging his strong industry relationships and over 30 years of experience booking, producing and co-promoting events of different sizes and budgets, from arenas to clubs. Rossi’s former experience promoting at a variety of venues also provides a keen eye for customer experience and revenue enhancements. Rossi is committed to revitalization of the District and has enjoyed volunteering as an entertainment consultant for local municipalities. He and his team of programmers will work directly with the venue manager in coordinating the venue calendar, consulting for facility rentals, and promoting the venue within the industry. Brennan will oversee institutional marketing and brand formation. Her staff will provide full support services for the venue’s marketing manager for amphitheater events, including budget administration, graphic design, videography, online marketing, media placement, trade discounts, promotional opportunities, tracking and analytics, and public relations. Brennan was a regional marketing manager for Live Nation, including marketing events at their Tampa amphitheater, prior to Ruth Eckerd Hall. Prout will oversee financial and risk management, human resources and information technology for the amphitheater. As Chief Financial Officer for Ruth Eckerd Hall, she is responsible for submitting all financial reports, insurance documentation and other requirements of the Bilheimer Capitol Theater operating agreement and will do so for the amphitheater. Prout has over 15 years in not-for-profit accounting having been the financial director at the ARC in Connecticut prior to Ruth Eckerd Hall and is well-versed in operating controls, especially in the food and beverage area. Reid-Kane currently oversees all educational programming and community engagement activities and will extend those to the amphitheater site. Serving students of all ages and abilities and working closely with a growing list of community partners, the possibilities of incorporating a site, particularly an alternative location more easily accessible to underserved audiences is an exciting opportunity. Delaney currently oversees all fundraising efforts for the organization and will extend her expertise and nine-member team to the venue as permitted. She currently oversees corporate partnerships, grants, membership, major gifts and the capital campaign. Her 30 year career in advertising, corporate sales and fundraising provides a depth of knowledge. / 13IMAGINE CLEARWATER DEMONSTRATED EXPERIENCE OF COMPANY AND PROJECT PERSONNELSmith will oversee the venue production manager in coordinating all stage and backstage operations. Smith currently directs three production managers at two locations and has been on-site technical director for over 100 outdoor concerts, including those at Coachman Park. Smith has been a resource for city staff during amphitheater planning, in regard to equipment, vendors and backstage operations. He will be heavily involved during the construction and opening phases in terms of equipment and protocols, including sound mitigation procedures and thereafter to support the venue’s production manager to ensure quality. Burr will oversee all ticketing services, including online, remote and digital ticketing. His team handles building the shows, promotions, group sales and VIP packages. He is responsible for inventory control, reconciliations, settlements, staffing and customer service. His team includes both full-time and part-time supervisors, and all will be trained for amphitheater events though we anticipate one will be designated to cover the majority of amphitheater events for consistency. Cirelli will oversee food and beverage operations. His team currently manages catering services, bar and concession services and artist hospitality for on-site and off-site events. He will play an integral part in planning and establishing food and beverage services at the new venue and ensuring point-of-sale systems, mobile ordering, inventory control, vendor services, artist hospitality as well as appropriate staffing and management are in place. Cirelli was the food and beverage point person for opening Tropicana Field and has over 40 years in stadium and venue operations Walser will oversee security and safety management, ensuring best practices, appropriate technology and adequate systems are in place. He has 5 years of experience in venue operations, with strong competencies in crowd management, prioritizing artist, audience and pedestrian safety. He currently oversees a staff of 75, many who are former law enforcement, fire safety and emergency medical personnel. His team of professionals are well-trained in de-escalation techniques, emergency response and evacuations. Walser has a strong rapport with city public safety agencies, having served with the Clearwater Police Department for 20 years and the Pasco County Sheriff prior to that. Jones will oversee the environmental operations of the venue and direct the maintenance lead assigned full-time to the property. This includes any facility maintenance, mechanical systems and custodial services as determined by the operating agreement. Jones has overseen these areas and served as owner representative during the last two major construction projects at Ruth Eckerd Hall. Prior to joining our staff, he served in a similar capacity for the Florida Southern College Lakeland campus. In addition, there will be four full-time staff positions on-site dedicated to daily operational needs including client services, care of facility and equipment and venue marketing. The venue manager will be the point person for all on-site activities and be liaison with city staff and stakeholders in the District. Preliminary discussions with qualified individuals have begun in preparation to respond to the RFQ. A job description for Venue Manager is attached to this response. Project Methodology, Approach and Schedule PROJECT METHODOLOGY, APPROACH AND SCHEDULE/ 15IMAGINE CLEARWATER Describe your approach to performing the scope of services. Our first step would involve a discovery phase in which to meet with city representatives to clarify expectations and align goals to produce the desired outcomes. This response contains assumptions, especially the number of event dates, which can be adjusted based on the city’s desired usage. In accordance with the stated project mission, our approach would pursue a specific goal: GOAL Establish the Imagine Clearwater venue as a world-class facility, recognized within the industry as a national leader in boutique amphitheaters, while welcoming the community to a gathering place in which they feel ownership. Accomplish this with minimal risk to the operator and minimal carrying cost to the City. STRATEGIES 1. Ensure a variety of high quality entertainment and arts programming. 2. Provide excellent service and value to facility clients, users and guests. 3. Implement operating efficiencies and leverage resources at our disposal. Provide a detailed business plan for the operation and management of the venue and how the plan will be implemented including identifying challenges and issues such as mitigation of potential noise impacts on surrounding businesses and residents. The approach outlined in this document is based on research, best practices, and management experience, however there are many unknowns. We would anticipate addressing those unknowns during the discovery phase. There may also be efficient alternatives in some areas involving out-sourcing or cost-sharing. Operational Structure Venue: • Venue Manager • Production Manager • Marketing Manager • Facilities Mechanic • Event Personnel (ticketing, front-of-house, security, concessions, parking, hospitality, custodial) Satellite Support and Oversight: • Programming • Ticketing & Group Sales • Marketing including social media, public relations, graphic design, promotions • Safety & Security Management • Human Resources a. b. PROJECT METHODOLOGY, APPROACH AND SCHEDULE/ 16IMAGINE CLEARWATER • Financial and Risk Management • Food & Beverage Management • Information Technology Support • Community Engagement Programming Projected programming growth is based on a comparable venue, St. Augustine Amphitheater, which currently holds 80 events annually, including 60 in-house presentations. We are estimating 45 events in the first 12 months, with a potential to grown to 85 events by year five. Ruth Eckerd Hall presentations will comprise approximately 40% of events and growth of the in-house programming will depend on operator costs and owner expectations, though we see no obstacle in increasing the number. These events will include co- promotions with our partners and offer a variety of national artists to serve diverse tastes including jazz, rock, R&B, country, etc. We plan to extend our co-presentations with the Florida Orchestra for themed evenings. The facility will be available to rent and we welcome promoters as we do at our other facilities. Scheduling priority will be given to in-house programming, legacy events and city-sponsored events before other parties. The legacy events that have been part of the park’s history will continue to have a home. Community engagement is important to us and we anticipate much interest in using the facility. A venue of this size requires more resources than other rental spaces, raising the cost beyond reach for many groups, even with nonprofit discounts. We would like to work with the city to explore creating a community fund to increase accessibility and offset cost for city-sponsored users. Likewise, Ruth Eckerd Hall is equally committed to its own community-based initiatives and events through the Marcia P. Hoffman School of the Arts. There are a multitude of opportunities to increase service to students and families with easily transferable programming. “SchoolTime Series” excursions will provide teachers and schoolchildren the opportunity to experience live theater in an outdoor atmosphere highly conducive to student engagement. Existing arts instruction for underserved populations in local neighborhood family centers via an established relationship with the Juvenile Welfare Board of Pinellas County will culminate in seasonal community performances and celebrations. A long- standing and successful partnership with the Pinellas County School Board and Pinellas County Schools ensures potential for hosting annual student events (e.g. graduations, all-county concerts, PRIDE, and Hispanic Achievement Awards). Arts-based festivals will draw families and children to engage with and learn from nationally and internationally recognized artists in their own hometown. The venue will exemplify a sense of community, promoting the connection between artists and audiences, participants and students and improving the quality of life for Clearwater residents, businesses and visitors. PROJECT METHODOLOGY, APPROACH AND SCHEDULE/ 17IMAGINE CLEARWATER Marketing, Sales & Ticketing: Our full-service in-house marketing agency will provide institutional branding, advertising, media buying, promotions, digital media, public relations, and graphic design. Cross- marketing to our purchase list is highly cost-efficient. Promotional and media partnerships will be leveraged and opportunities sought to increase visibility and support economic growth. The immediate focus upon award of contract will be the formation and execution of a branding campaign. Existing infrastructure will offer marketing and ticket services to clients. An integrated website will provide information on events, amenities, policies and general information. Top-ranked Tessitura CRM software provides select-your-own-seat, flexible pricing, remote ticketing, promotion codes, and both print-at-home and mobile QR code tickets for entry scanning. Live chat offers customer assistance and patrons are able to manage their account and view history. Tickets will be available with both browser and mobile interfaces, by phone, and in person at the Ruth Eckerd Hall ticket office, during performances at the Bilheimer Capitol Theater, and on-site at the venue on the day of event. Front of House Services: Concessions – To provide a great customer experience, food and beverage management will ensure enough points of sale, appropriately staffed for expected audience. Technology, such as mobile ordering, will be leveraged. In addition to beverage and hand-held snacks, several food trucks would be contracted to provide more food options. The food trucks are intended to increase patron amenities, offer exposure and earning opportunities to local vendors, understanding that while many guests will opt to dine downtown pre or post event, the demand may far exceed restaurant capacity. Patron Services & Merchandise Sales – In addition to the venue manager, a front-of-house manager will be assigned to every event, overseeing ushers, ticket takers, merchandise sales and proactively addressing customer service issues. While volunteer opportunities will be offered similar to our other venues, we anticipate the need to supplement with paid staff. Security & Public Safety – Our Security Director will staff appropriately to ensure artist, employee and audience safety. We rely on our trained officers to proactively prevent and de-escalate situations before they become an issue. We will confer with public safety officials regarding first responder requirements and seek flexibility in staffing according to attendance and event as we do at other venues. Our director of security will manage all facility security systems with appropriate inspections and maintenance. Security personnel also control appropriate use of on-site parking. Back of House Services: Stage and backstage operations, including hospitality will be managed by the Production Manager working closely with tour management to ensure appropriate equipment and staffing, quality light and sound services, and an excellent artist and client experience. PROJECT METHODOLOGY, APPROACH AND SCHEDULE/ 18IMAGINE CLEARWATER Sound Mitigation – Prevention is the most efficient way to address sound nuisance. Physical barriers have significant drawbacks but the canopy itself will provide some protection versus open air. The production manager will monitor sound levels to ensure appropriate sound diffusion and safe volume. All of our outdoor concerts require compliance with local code and there is technology to assist. Products like 10EaZy provide an interface with the sound system that refines output and prevents excessive levels. We would do our due diligence to identify the right tools for this environment. Facility & Environmental Services: A full-time, on-site maintenance mechanic and custodial staff will address daily needs with our Director of Engineering providing oversight and guidance. The extent of services will align with the terms of the operator contract. We prefer environment-friendly products and as a certified Ocean Ally, it would be our intention to have the amphitheater certified as well. Support Services: Accounting, Information Systems, Human Resources and other support functions which can be provided remotely will serve the needs of operating the venue with supplemental staff acquired as volume necessitates. Projections based on current information:PROJECT METHODOLOGY, APPROACH AND SCHEDULE181,250Attendees - Year 1: Net Margin by Source Profit Margin - Year 1: 7.0% Revenue by Source Number of Events - Year 1: 45 Expense by Category 7.0% 10.6%12.3%13.3%14.0% Year 1 Year 2 Year 3 Year 4 Year 5 Profit Margin Growth 66% 15% 16% 3% Programming Food and Beverage Ancillary Fees Rentals 0 20 40 60 80 100 Year 1 Year 2 Year 3 Year 4 Year 5 Event Growth REH Events - Reserved Seats REH Events - Reserved and Lawn Community Events Rentals 69% 8% 2% 7% 8% 6%Programming / Production Food and Beverage Rental Administration Wages & Benefits - Operations Utilities and Maintenance Office & Other 0 100,000 200,000 300,000 400,000 500,000 Year 1 Year 2 Year 3 Year 4 Year 5 Attendance Growth REH Events - Reserved Seats REH Events - Reserved and Lawn Community Events Rentals 20% 28% 49% 3% Programming Food and Beverage Ancillary Fees Rentals 181,250Attendees - Year 1: Net Margin by Source Profit Margin - Year 1: 7.0% Revenue by Source Number of Events - Year 1: 45 Expense by Category 7.0% 10.6%12.3%13.3%14.0% Year 1 Year 2 Year 3 Year 4 Year 5 Profit Margin Growth 66% 15% 16% 3% Programming Food and Beverage Ancillary Fees Rentals 0 20 40 60 80 100 Year 1 Year 2 Year 3 Year 4 Year 5 Event Growth REH Events - Reserved Seats REH Events - Reserved and Lawn Community Events Rentals 69% 8% 2% 7% 8% 6%Programming / Production Food and Beverage Rental Administration Wages & Benefits - Operations Utilities and Maintenance Office & Other 0 100,000 200,000 300,000 400,000 500,000 Year 1 Year 2 Year 3 Year 4 Year 5 Attendance Growth REH Events - Reserved Seats REH Events - Reserved and Lawn Community Events Rentals 20% 28% 49% 3% Programming Food and Beverage Ancillary Fees Rentals 181,250Attendees - Year 1: Net Margin by Source Profit Margin - Year 1: 7.0% Revenue by Source Number of Events - Year 1: 45 Expense by Category 7.0% 10.6%12.3%13.3%14.0% Year 1Year 2Year 3Year 4 Year 5 Profit Margin Growth 66% 15% 16% 3% Programming Food and Beverage Ancillary Fees Rentals 0 20 40 60 80 100 Year 1 Year 2 Year 3 Year 4 Year 5 Event Growth REH Events - Reserved Seats REH Events - Reserved and Lawn Community Events Rentals 69% 8% 2% 7% 8% 6%Programming / Production Food and Beverage Rental Administration Wages & Benefits - Operations Utilities and Maintenance Office & Other 0 100,000 200,000 300,000 400,000 500,000 Year 1 Year 2 Year 3 Year 4 Year 5 Attendance Growth REH Events - Reserved Seats REH Events - Reserved and Lawn Community Events Rentals 20% 28% 49% 3% Programming Food and Beverage Ancillary Fees Rentals 181,250Attendees - Year 1: Net Margin by Source Profit Margin - Year 1: 7.0% Revenue by Source Number of Events - Year 1: 45 Expense by Category 7.0% 10.6%12.3%13.3%14.0% Year 1Year 2Year 3Year 4Year 5 Profit Margin Growth 66% 15% 16% 3% Programming Food and Beverage Ancillary Fees Rentals 0 20 40 60 80 100 Year 1 Year 2 Year 3 Year 4 Year 5 Event Growth REH Events - Reserved Seats REH Events - Reserved and Lawn Community Events Rentals 69% 8% 2% 7% 8% 6%Programming / Production Food and Beverage Rental Administration Wages & Benefits - Operations Utilities and Maintenance Office & Other 0 100,000 200,000 300,000 400,000 500,000 Year 1 Year 2 Year 3 Year 4 Year 5 Attendance Growth REH Events - Reserved Seats REH Events - Reserved and Lawn Community Events Rentals 20% 28% 49% 3% Programming Food and Beverage Ancillary Fees Rentals 181,250Attendees - Year 1: Net Margin by Source Profit Margin - Year 1: 7.0% Revenue by Source Number of Events - Year 1: 45 Expense by Category 7.0% 10.6%12.3%13.3%14.0% Year 1Year 2Year 3Year 4Year 5 Profit Margin Growth 66% 15% 16% 3% Programming Food and Beverage Ancillary Fees Rentals 020406080 100 Year 1 Year 2 Year 3 Year 4 Year 5 Event Growth REH Events - Reserved SeatsREH Events - Reserved and Lawn Community EventsRentals 69% 8% 2% 7% 8% 6%Programming / Production Food and Beverage Rental Administration Wages & Benefits - Operations Utilities and Maintenance Office & Other 0 100,000 200,000 300,000 400,000 500,000 Year 1 Year 2 Year 3 Year 4 Year 5 Attendance Growth REH Events - Reserved Seats REH Events - Reserved and Lawn Community Events Rentals 20% 28% 49% 3% Programming Food and Beverage Ancillary Fees Rentals / 19IMAGINE CLEARWATER PROJECT METHODOLOGY, APPROACH AND SCHEDULE/ 20IMAGINE CLEARWATER c. MAY 2022 JUN 2022 JUL 2022 Discovery Phase, Recruit venue manager, Begin programming inaugural season Listening session with stakeholders on project values Envisioning session for Brand, Equipment assessment finalized AUG 2022 JAN 2023 MAR 2023 Integration of values and vision to create logo and style guide in tandem with city Teaser campaign launches, Event logistics finalized Unveiling of Brand, website, venue amenities and programming line-up, Staff recruitment APR 2023 LATESPRING 2023 JUN 2023 Volunteer recruitment and onboarding Adoption campaign including test drive, tours, media preview, open house, etc. as construction permits Grand opening Provide a proposed schedule for the product delivery to include a statement of time commitment by the company to this project which supports the company’s ability to complete the events on schedule and on budget. We are committed to making this project a success, which means it will be a priority focus of the executive team, particularly through the next 24 months as we ensure all systems and services are in place and delivering as they should. We will continue to assess outcomes and feedback as we currently do with our venues, to ensure adequate resources are available and utilized. References REFERENCES/ 22IMAGINE CLEARWATER City of Clearwater Parks & Recreation Kris Koch, Senior Manager, Events & Athletics 706 N Missouri Ave Clearwater, FL 33755 727-562-4805 Kris.Koch@MyClearwater.com In addition to full and continuous operation of city-owned Ruth Eckerd Hall (since 1983) and the Bilheimer Capitol Theatre (since 2009), we have produced street festivals at the City’s request and a series of concerts at Coachman Park, including co-promoting with partners AEG Live and Live Nation. Services Provided: • Booking • Full Production • Marketing, advertising and promotions • Ticketing • Seat configurations, signage, crowd management • ADA compliance • VIP services • Front of house manager, ushers, security, ticket takers Coachman Park Bryan Adams (2/9/16) Kenny G and Jake Shimabukuro (2/9/16) John Legend (5/13/17) Third Eye Blind (6/10/17) Sammy Hagar and Night Ranger (11/14/17) ZZ Top and John Fogerty (6/2/18) The District, Clearwater Blast Friday Series, 2011 - 2019 Miracle on Cleveland Street, 2012-2019 Cruisin’ at the Cap, 2015 – 2017 REFERENCES/ 23IMAGINE CLEARWATER Chasco Fiesta Charles R. Grey, EVP of Entertainment 5543 Main St. New Port Richey, FL 34652 727-777-5246 Chuck@FIGrey.com Services Provided: • Booking • Production • Marketing, advertising and promotions • Ticketing • Seat configurations, signage, crowd management • ADA compliance • VIP services • Front of house manager, ushers, security, ticket takers Eddie Money & Greg Billings Band (4/6/19) Cancelled due to COVID – John Michael Montgomery (3/28/20) Cancelled due to COVID – Bret Michaels (4/4/20) Chase Bryant & Drew Baldridge (4/2/22) Night Ranger (4/3/22) Valspar Championship Tracy West, Tournament Director EVP-PGA TOUR Division, Pro Links Sports President, Copperhead Charities 36750 US 19 North Palm Harbor, FL 34684 727-942-5566 Tracy@TheCopperheads.org The concert event during the PGA Valspar Championship began in 2015. The event is open to all tournament ticket holders and our production team has 24 hours to erect a concert venue on the resort’s driving range. Services Provided: • Booking • Full Production • Security The Band Perry (3/14/15) Rascal Flatts (3/10/16) Toby Keith (3/11/17) Jake Owen & Dustin Lynch (3/10/18) Brad Paisley (3/23/19) Postponed 2020 and 2021 due to COVID Chris Young and Big & Rich (3/19/22) REFERENCES/ 24IMAGINE CLEARWATER Tropicana Field, St Petersburg 90+ Post Game Concerts plus Switchfoot after the UnderArmour All American Football Game Tampa Bay Rays Brian Killingsworth, Former Chief Marketing Officer, 727-492-6211 Florida Aquarium, Tampa Migos & Ludacris, Super Bowl Post-Game Carolyn Henika, The Florida Aquarium 701 Channelside Dr, Tampa, FL 33602 813-468-0263 chenika@flaquarium.org Curtis Hixon Park, Tampa Cage the Elephant, Stanley Cup Playoffs 2019 Gavin DeGraw, NCAA Women’s Final Four 2019 Tampa Bay Sports Commission Jenna Grooms 201 N. Franklin St. Suite 2900, Tampa, FL 33602 813-342-4065 JGrooms@GrowYourEvent.com Water Works Park, Tampa CeeLo Green, Super Bowl 2021 Dan + Shay, Super Bowl 2021 Super Bowl LV Host Committee Jenna Grooms 201 N. Franklin St. Suite 2900, Tampa, FL 33602 813-342-4065 JGrooms@GrowYourEvent.com One Buc Place, Tampa Sister Hazel, Tailgate Super Bowl 2021 Nikki Donofrio, Buccaneers Team LLC One Buccaneer Place, Tampa, FL 33607 813-998-3832 NDonofrio@Buccaneers.nfl.com Amalie Arena, Tampa Amy Schumer 2016 Dolly Parton 2016 Barry Manilow 2018 Co-Pro/AEG Presents, John Valentino 1800 Australian Ave. So., Ste. 201, West Palm Beach, FL 33409 561-681-5610 jvalentino@aegpresents.com Styx, Starlight Gala 2018 Marilyn McPhail, Florida Hospital Foundation 14055 Riveredge Drive, Ste 250, Tampa, FL 33637 813-803-4015 Marilyn.Mcphail@AHSS.org Pier 60 Park, Clearwater The Romantics, Super Boat Weekend Frank Chivas, Founder Baystar Restaurant Group 18395 Gulf Blvd, Indian Shores, FL 33785 727-480-6704 frank@tbi.net Sand Key, Clearwater Beach Pitbull, Dex Imaging LPGA Championship 2021 Pelican Golf Club, Dan Doyle Jr Nancy Lycan, Dex Imaging 5109 W Lemon Street Tampa, FL 813-288-8080 nancy@deximaging.com Vinoy Park, St Petersburg Taste of Pinellas Foreigner, Styx, Kenny Loggins Joel Momberg, Chair, 727-460-7254 Country Music on the Bay 2018 Wynonna Judd, Scotty McCreery, Jerrod Niemann Mike Connor, 727-726-1115 2901 Rigsby Ln, Safety Harbor, 34695 mconnor@paradiseventuresinc.com Additional Ruth Eckerd Hall on the Road Productions Other Forms EXCEPTIONS/ADDITIONAL MATERIALS/ADDENDA Venue Management Operator 13 RFQ #18-22 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) AddendaRespondents 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__________________ X X a)Venue Manager Job Description b)Letters of Reference c)2021 Audit Report d) Insurance Information e) W-9 1 Ruth Eckerd Hall, Inc.3/24/22 COMPANY INFORMATION Venue Management Operator 14 RFQ #18-22 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. Ruth Eckerd Hall, Inc. 1111 N McMullen-Booth Rd Clearwater FL 33759 727-291-7060 727-724-5976 info@rutheckerdhall.net RuthEckerdHall.com 10-694-9753 Susan M. Crockett 727-724-5976 727-712-2704 scrockett@rutheckerdhall.net Sue Wilson 727-724-5976 727-712-2704 swilson@rutheckerdhall.net RESPONSE CERTIFICATION Venue Management Operator 15 RFQ #18-22 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: Ruth Eckerd Hall, Inc. Susan M Crockett President & CEO 3/24/22 P RESENTATION TO C LEARWATER C ITY C OUNCIL MAY 16, 2022 Tom McDonnellVP, Bus. Dev. Morgan NessBD Manager Our Team STEVE GRIGGSChief Executive Officer PETER LUUKKOCo-Chairman, OVG360 / OVG Arena Alliance KEVIN PREASTChief Venue Officer DOUG HIGGONSSenior Vice President SIMS HINDSSenior Vice President A nd growing Who We Are Los Angeles, CA New York, NY Philadelphia, PA London, UK Seattle, WA 5,000 +EMPLOYEES 234 VENUES OPERATING & BOOKING 8,900+LIVE EVENTS Who We Are 102+MILLION ATTENDEES HOSTING HOSPITALITY VENUES250+ Home to Unrivaled Experiences Vinik Sports Group is elevating the game in the sports & entertainment industry. Home to an NHL franchise, a collegiate sport property, two venues, a digital media company and a retail and ecommerce platform, VSG creates world-class experiences that grow brands, drive revenue and impact our community. Drawing on the expertise showcased during the transformation of the Tampa Bay Lightning and Amalie Arena under Jeff Vinik, Vinik Sports Group (VSG) delivers world class experiences and events for its partners and those that they serve. VSG features a leadership team with decades of experience in the sports and entertainment industries; leaders who focus on each client’s unique needs before developing strategies and delivering successful solutions in the multimedia sales, event management, facility operations, and guest services verticals. VSG maintains a preference for long-term win-win partnerships, but it remains nimble enough to manage individual events and short- term opportunities for its customers. VINIK SPORTS GROUP VALUES TEAM | Empowering Team Members BRAND | Building an Authentic Brand SERVICE |Providing World-Class Plus Service EXCELLENCE | Striving for Excellence COMMUNITY | Giving Back to Our Community VSG Dominant Live Entertainment Company in the market Partnering with Major Event Promoters World-class Food and Beverage Program Focus on Community Events Why Work With OVG360 and VSG? OVG360 & VSG Willing to Invest and Take Operating Risk Willingness to Invest Operational Efficiencies because as owners/operators, . Let us share our The Event Management Vision •Booking with proven strategy and professional affiliations •Marketing knowledge,media spending power and proven database management including but not limited to, e-marketing and social media management •Established in Market PR Presence •Event Coordination with established relationship s with event producers and seasoned Event Management staff and systems Shared Use with the Community amazing events that add to the cultural offerings leisure amazing Special events open enjoyment tickets events Collaboration accessibility unmatched • • • • • • A world -class venue & true community asset Commitment to the Community OUR PROMISE TO THE COMMUNITY 1.WE WILL BE active MEMBERS OF THE COMMUNITY AND CREATE A strong relationship WITH OUR NEIGHBORS. 2.WE WILL TAKE THE TIME TO understand THE SURROUNDING AREAS AND THE impact WE WILL HAVE ON THESE SPACES. 3.WE WILL forge these relationships WITH OUR NEIGHBORS AND create an understanding FOR WHAT WE ARE DOING, educate them ON WHAT THE PERIMETERS WE WILL BE WORKING WITHIN FROM A LEGAL AND good neighbor aspect. 4.WE WILL LOOK TO develop communications and awareness SO NO ONE IS UNAWARE OF THE HAPPENINGS IN AND AROUND COACHMAN PARK. VSG Proven Community Partner NEARLY $1.6M FUNDED FOR CLEARWATER NON-PROFITS VIALIGHTNINGCOMMUNITYHEROES PROGRAM &$5.8M IN PINELLAS COUNTY 18 CLEARWATER SCHOOLS RECEIVED EQUIPMENT DONATIONS DONATED $50,000 FOR THE WOUNDED WARRIORSABILITIESRANCHANNUALGALAATSHERATONSANDKEYLASTMAY, WHERE, WITH WALTER REED, WE HOSTED 16 VETERANS WITH STAGE 4 CANCER CHARITABLE CONTRIBUTIONS OF $25,000+ FOR ORGANIZATIONS LIKE CHI CHI RODRIGUEZ YOUTHFOUNDATION Baby Boomer Generation has quickly become top 10 market On the leading edge of growth capitalize diverse events Serving more than the Baby Boomer Generation CONTENT CONFERENCES PROMOTERSAStrategicPartnerof Unparalleled access to top Participation in booking calls with ALL promoters Unmatched Booking Relationships SELF/CO-PROMOTED EVENTS & EVENT CREATION ▪Local food, beer, and wine festivals ▪Carnivals ▪Food trucks ▪Holiday-themed festivals/events ➢Christmas Light Show ➢Oktoberfest ▪Tradeshows and festivals ▪Homegrown Events –St. Petersburgh Clearwater Area CVB and Tourism Development Council ▪Clearwater Chef showcase ▪Art exhibit tied to music event Programming and Event Creation SPRING TRAINING FOR ORCHESTRAS ▪Partner with Florida Symphony to create an International Orchestra Festival ▪Establish Clearwater as an international arts and music destination CORPORATE, REGIONAL, AND LOCAL SUPPORT & OUTREACH ▪Marketing Database of 1.2M people ▪Dedicated Booking Department ▪National Marketing Plan ▪Promoter Relations ▪Geographic Routing ▪Community Focus ▪CVB Collaboration VSG Dominant Live Entertainment Company in the market Partnering with Major Event Promoters World-class Food and Beverage Program Focus on Community Events Why Work With OVG360 and VSG? OVG360 & VSG Willing to Invest and Take Operating Risk THANK YOU! Evaluation and Ranking Summary RFQ 18-22, Venue Management Operator City of Clearwater Evaluator Name: Demonstrated Experience of Company and Project Methodology, Approach and schedule References Project Personnel TOTAL RANKING (Tab2/ (Tab3) (Tab4/ Respondents 35 points 35 points 30 points 100 points 3 .5 J2 3 0 ~3 f Global Spectrum, LP 1 dba OVG360 ~o d 9-. d~ bl/ 3 2 Just Imagine LLC ' 3~ 30 &g ~ l) ro 3 Ruth Eckerd Hall, Inc. Evaluator Signature: ---,,~Gf--=...,"-'--'------~------·---C/ Date: _t/:_-_/ ~_/-_J_:J. __ """ /) V\,, ( ~ "¥' w ) i} ~ ' " .. )- ' J' /J ~-----,,,---..---#----------/----------_.,......,..._,_-+t--------S-1 ·-1-,. v~J .rs~"l]!) (@''- r.J )f'/"' --J>o ~/'l t t,-,::.-'I 9 0 vo _,,__, _____ .-- i-..! ) )f"'\ C;'--11-, )-:y-...,.-,-r/)---- ;;r"61'---..~d''?'l'-o~,.:>-'f-:.---rr .,.(.,,--:a-~~1-------- + o J,fl o //'VJ /:. 9 ./~~,,-"'\. J ',,.; _;,-~-e-.~,----1,~ e.) G --( tv~ , ? 1 ,, .,. ~ ) ~ °tJ...;... V ~ ,. ~ ( "-r -J... 'l ', ,/ --·-----------,J'"l---·--> O#r-v~WJ\-.v1.,-o O-:;j~C"n7 ..J\.f-'> ~ -Z £1 E .. J 11 -..Jr " -,::; ,, , "' 1 ..! J--9 'lJ 0 - v II c.rnJ~, , .J ~ ., '""")¥0) ~ \ ~ .,... -, r L--, ,.., , , > ~ ~ " i. ~ \\\ .,_ L t .) ,_ ' .. t ,, (' ..... ~ ..... ' l t '-\ ). er,. J::. r-, l,,, r , " .. • > C. 'r V'\ C)-.. (\ (. t.... , ... I ~ .. ~ --..., s "' " 1 " --~ ~ ' <. ' C. "I t ( .,_ " ..., <) , '\ ~ ... , ' -~ ( ~, -- 't. \ .... ' \ ( f"\ I "-I "'-.._ ' ~ ('"i) J CT <..--t-J s:-z...£._ I fA._A/. ~r ,i.,-."\'l. t I~ -H"~ <; ' s ( -z -~ (J\ V l:7 'l. .... &,. crF TAb G_ooJ ~ ( v,...i Ir .s +~ r~ ~ V • ..... -1 ' /(__ ~ " ~ I ll V ,' / ( ,-2. I ,t,. -------U::=----...__ ___________ (,-'...._. ... ___ -----,_..;;;,_.;..._-d------ e .PJ C .. ,[/ ~-< c.-I C.. ------r- A,J'-I\ .. .. --J ' ' , "* s. (_ \. ""' LP""-~ v 11 ,-'1, --------------------I.. ... -F~ ~~~~-w----------~--~~~-----w-~_i_' __ ~.~/. «~_P~--~-,.. ( "' c~ /J- c---b S I A S : ,h ( l--r.P J VJ i_ -\.-f- 7-/.b __iJIP)__M-------------- J-t+ R8H l/L'l t)-~---- c.. "-.., e IV\ ~-+ Dt) ~ J.-"" l ------.,-.\·-----------e-~t--~----------------- 0 ,r" ...9 -f -<FF _,.____ ------ ,i.,-+ -/:Ylc( r tll\ _5; b' '-_(... € [~,.._, 0 00(i) ~ .I\ J .,~ "'V JL ,,. C. 'l "v t .A,- J--/_e • C 1 ...£.. 3 ~c, .. ., r J I:, c., "( ~~u~'-c\_::"':_.i.C<"'--i..:...__---+..,__~ ..... h~~s_e... ___ =t -"...;.,_--4,,o"'--.-'-£..lq----'----.....;..;..,...;__ -f-o M-u....-+ wf C ~ '(.. ,IV' a. ".J. fJ , ( > .... C (:_ 'f--t r_ t.... ...... L (;./ \ s -+ ' ....,, c , r r c. s {?, ~ ... c,~-"" ~~-_.J;h t:, \ pf ... ct .. (' <(. eel )1. SC ..15 ,)~(...ol) J-f" # I / ., o t!-+-." f" • .. n ,,, V 4 ii\.-! J--=.'---'-t.:,1,\,=--''-' "'_;:v:___ ___ t_~ __ .:_t?_~_s_('_'----1,, _ _;:~~~--1-~~r .:....;::...J-<"""i=...<, ... L I <... ~ /t .fl 1-"'"b rx & -r !...( i::-1\. ~-"'--___;_&_P_0_~-1---~-• __ ..=;._ _ ___;_v_~__,f\_v_e ___ m_.._..1--..-_--r ____ _ r-~ .C-,-r--o--c-G '~ vV" a....{ I ,...__ -_(J ---p..,""-~' •4....S: Evaluation and Ranking Summary RFQ 18-22, Venue Management Operator /." ;. .. Evaluator Name: __.:l ....... o .... ,J __ :J_G:_-_N_t...J_c_~_>G_s ________ _ Respondents Global Spectrum, LP l dba OVG360 2 Just Imagine LLC 3 Ruth Eckerd Hall, Inc. Demonstrated Experience of Company and Project Personnel (Tab 2) 35 points '°"'s~("'{ ~c;,,(,z~ ~ ~~~~-r:-~A.rN'erJ t~· L 1,, _,. ~-.... ~ .&~-.~ ~ ~ ....,,, -~ -... ~...v ... 0,..... ~J.~"~. Gu"-1..ht ~~. Evaluator Signature: __ ,j_-=(,.._-_?_-=-• __ O, __ C-__ .. 'lillf ______ _ Project Methodology, Approach and Schedule (Tab 3} 35 points References (Tab 4) 30 points City of Clearwater TOTAL RANKING 100 points 0 0 0 Date: ------------- t Ranking Summary RFQ 18-22, Venue Management Operator !: Kris Koch 1dents p .~~ Demonstrated Experience of Company and Project Personnel (Tab 2} 35 points 34 25 30 "E' ~ Project Methodology, Approach and Schedule (Tab 3) 35 points 33 25 30 References (Tab 4) 30 points 28 25 25 Date: Cit~ TOTAL 100 points 95 t 75 85 2 r J 'if /zrz.. I I \L\C RFQ 18-22 Imagine Clearwater Venue Operations • Demonstrated Experience and Project Personnel (35) o Global Spectrum/OVG360/VSG • Strong individual partners but working together opens up exciting possibilities for the City. • Largest national/ international reach and marketing capabilities • Operate venues all over the country but VSG offers strong local name recognition and record of success • FL Venues they control offers up routing possibilities and ability to open doors for programming -Tampa, Jacksonville, Ft. Lauderdale, Miami, Orlando, West Palm, Daytona, Tallahassee, etc .... • Highlighted their food and beverage capabilities and that was a main focus of their presentation that I think makes sense for our market. • Overall size of this proposal and plan is impressive. • Project management -a lot of experience and success in those over many areas but also shown support for local. Synergies existing between tam pa and VSG events on that side of the bay; they demonstrate ability to bridge both sides of the bay together. o Ruth Eckerd Hall • 40 years of partnership with the City of Clearwater • Synergies with other 2 controlled venues in Clearwater. • Award winning venues and track record of success and making City proud of the venues they manage and pride they take in what they do. • Experiences of 2018/19 putting on "feasibility" type of events/shows with the city. • Local/Regional database and name recognition • Local, deeper connections and relationships; Ocean Allies Certified • Top executives we see here and know will be heavily involved, plus shown commitment to hire local to fill out staffing for Imagine Clearwater; 4 FT staff+ Venue Manager in addition to their already existing Clearwater community assets o Just Imagine • Own operate multiple festivals, leadership team includes well respected community events people. • Described their 5 pillars that included focus on sustainability and focusing on local, regional cultural events. • Pier Experience is similar; they demonstrated success with the roll-out of the Pier and its continued success. • Same staffing team that was behind that success. • Lifestyle events; Gaspari Ila, bringing both sides of St. Pete and Clearwater together through events. • Fresh, growing companies Zukku/Event Live baked in; good energy in what they are doing and growing. • Project Methodology (35) o Global Spectrum / OVG360/VSG • Foundational Plan very impressive as well as full out timeline is very thoughtful and demonstrates their experience. • Demonstrated creativity in their planning; with so many deals they will have strong track record for a variety of different operating terms/partnerships. • Scope of Services Chart detailed and positive inclusion. • Have incredible experience in all of their operational areas including sponsorships and food and beverage. • They gave the most information and insight in to how food and beverage will impact their operation. • Business Plan integrates our venue into overall regional plan in connecting both sides of the bay. Inclusion of Tampa Sports Commission events has been successful for City already and this could bring to another level. • Plan/Timeline shows their preparation and their size shows they are able to provide all necessary items to accomplish this. o Ruth Eckerd Hall • Basing model off St. Augustine which is a good comp and a great venue. • 45 events in year 1; swell to 85 by 2028. • Community focused event programs • Experience with educational events/ programs • Demonstrate how they could make a May timeline but a lot to figure out and negotiate in order for that aggressive time line . o Just Imagine • Focused on local/community driven programming while they still demonstrate ability to navigate national landscape with some of their events. • Educational tie-in's • Focus on sustainability and reduce/reuse/recycling as a focus/theme • Experience with the Pier and dealing with limited parking and finding alternatives. • References {30) o Global Spectrum/ OVG360/VSG • Consult at over 230 venues; including several locally and in state of FL • Amphitheater experience (Grand Junction/Idaho) o Ruth Eckerd Hall • Experience with the City is important and has been fruitful • Regional references with Valspar, and others. o Just Imagine • Local, regional examples. • Other municipalities experience; Tampa and St. Pete with positive track records Evaluation and Ranking Summary RFQ 18-22, Venue Management Operator City of Clearwater Evaluator Name: Jay Ravins Demonstrated Experience of Company and Project Methodology, Approach and Schedule References Project Personnel TOTAL RANKING (Tab 2) (Tab 3) (Tab 4) Respondents 35 points 35 points 30 points 100 points Global Spectrum, LP 34 ,,Mf' 27 .81 7" dba OVG360 .13 r'f I 1 Just Imagine LLC 25 28 25 78 3 2 Ruth Eckerd Hall, Inc. 31 34 28 93 ,.~ 2.. 3 Date: -------------- Evaluation and Ranking Summary Evaluator Name: Jay Ravins RFQ 18-22, Venue Management Operator Demonstrated Experience of Company and Project Personnel Project Methodology, Approach and Schedule (Tab 2) {Tab3) Respondents 35 points 35 points OVG360 plus VSG {Vinik). Oak View Group -2015 -Azoff & Leiweke; Azoff -Very detailed schedule/ timeline, but little info on actual business plan, artist manager, Chairman of Ticketmaster, Live Nation; Leiweke -co-founder, projected events, revenues, profits, etc. Focused on services they can CEO, & Pres of AEG; chief exec of LA Kings, Toronto Raptors, Toronto Maple provide, including international artists, but lacking detailed business plan. Global Spectrum, LP Leafs, etc: Staples Center LA Live l. OVG360 -world's fastest growing venue Stress open venue for all promoters. Will ensure that the venue offers dba OVG360 mgmt company -over 250 (234?) venues including Tampa, Jax, Ft Laud, Miami something for locals. Florida Orchestra World Music Festival, museums ot Orlando, West Palm, Tally, Daytona Beach. 5000+ employees. Have opened promote the arts. Didn't appear to do a lot of homework on Clearwater 100+ venues. community needs and events. 1 Weak experience booking major entertainers for concerts. Emphasis on programming for community events. GMF {Gasparilla Music Festival) Good discussion of national talent but also promoting local talent, Just Imagine LLC Productions -650 bookings {local talent vs. national talent?), 11 years exp. community events, educational events. Weak on detailed business plan Proprietary locally developed software for ticketing for area festivals, etc. and schedule for product delivery. Food service & beverage experience consists of two of the principals owning a small restaurant chain. 2 40 yrs exp with City of Clearwater, including outdoor events; 30+ years of Approach: discovery phase, pursue world-class facility while welcoming programming variety of genres, rated top 10 in world; Amalie Arena, Mahaffey community for ownership of gathering place. Theatre, Tampa Theate, Curtis Hixon Park; community support via contributors Detailed business plan: 45 events 1st 12 months; grow to 85 by year 5; and volunteers; loyalty market of 150K eClub members; demonstrated REH -40% of events; available for rent to promoters; community fund to Ruth Eckerd Hall, Inc. commitment to community engagement and education; pre-established subsidize costs for city-sponsored users; educational "Schooltime Series"; infrastructure providing 250 local jobs; benefits from economies of scale; Live graduations; arts-based festivals. Full-service in-house marketing agency; Nation, Florida Orchestra, Pinellas County Schools "partnerships"; strong software -select your seat, QR code tickets, etc; food trucks; front-of- financial position and clean audits. Susan -Pres & CEO since 2018; w/ REH house manager; profit margin 7% to 14% yr 5; events 45 to 85 yr 5; since 1988?. Bobby Rossi -EVP, 2015, previously promoter w/ AEG Live; John attendance 180K to 380K yr 5; pie charts of revenue by source, expense by 3 Cirelli, Food & Beverage -good sports venue exp; category, and net margin by source; grand opening June 2023. City of Clearwater References TOTAL RANKING /Tab4) - 30 points 100 points Avalon Theatre & Amphitheatre, Grand Junction {convention center, theatre {1100), & amphitheatre {4000 -booking only), since 2017; Ford Idaho Amphitheatre, Nampa, ID - 12K, 2015, profit for 1st time in 23 years in 0 1 2018, wrong individual for reference {TX?); Ford Pavilion, Beaumont, TX 14K 2017; Yuengling Center, Tampa City of St Petersburg {Pier); City of Tampa {free community concert -Third Eye Blind); 0 1 Northeast Exchange Club's Ribfest. City fo Clearwater; Chasco Fiesta; Valspar Championship 0 1 Evaluator Signature: Date: ---------------- Evaluation and Ranking Summary RFQ 18-22, Venue Management Operator City of Clearwater Evaluator Name: -~-----'----=---'~=---'-\-'--=---~..=;...V"\,----'--,._--- Respondents Global Spectrum, LP 1 dba OVG360 2 Just Imagine LLC 3 Ruth Eckerd Hall, Inc. Demonstrated Experience of Company and Project Personnel {TabZ) 35 points , ~qr,(,t..\..?le dJ ~~ t---\-o~ e.. 's2 ~~-h, v»/ ~C,~> ~·~ .1. ~ (~ev-oJ c. &-> f\O v~ 'f'A°- \S tJ VIO Glf• ~ \ v'"l\/.eSt a ~o ~ .te~\,l < ~~"' ~ IM/J;..,..,. ~~~~ e,,1,ato,Sigaa<~--- Project Methodology, Approach and Schedule (Tab3) 35 points -f\U j~ Cl i~ Jd'ef sv _ ~~ ,c re.a~ -J1A ~o~ eJclret<-~ois..t. -"o c I tttv-{' \e,vr ( f eu+""~ r ~" \oCA l evt."'1~ 3o -v)N4'1 i ~ fo~ ~~ h,vie-'7 ~l,,.~e J (, \& -v,AlWl/v\Pt-\ S,~ ~ References {Tab 4/ TOTAL RANKING 30 points 100 points f~ ()b.~ 3o r ~if 1~ C Lh-<_ ~ 7-v-l s\1/Vli 1.titv vtfN\u. e..s 'S 2s • ~CA.,~ v e.Reve-'~lc e 1-- ?r V/J. ~ o.(\ ·3 r etevel/lC: ~ fc,v ~ WµJ~ ~; Date: _'-+--+-'/ J'-----1~ I'---;}-~- City of Clearwater 18-22, Venue Management Operator Present_at.ion and Ranking Summary · I Evaluator Name: FIRMS 1 OVG360 2 Ruth Eckerd Hall NOTES: . , ' , . f . (/ J b .. .J' f S V , .. , .., .a. 1'"' ).} , ~ . .,../ ,.4..,. ,._ (if. V ;"$" b -4/= ; '\ ..(:"' · ,!!. -+ I f: r I ._ \' 1'" /V',. A ·. (/~(; .. ~ ....... < )1'"-3fl-••.:, (f .... r-../-... ::._r ..-/ -..(1 pr•,..., -/•' r,) 1',.-., ·H ~t-.(t ~ ~r h~< -' · _ :::t'"" -e~-l ~ .../-... .t::.e ~ ,, 0 , ......... -1~ .. ~ r ~, t=l , h/v~ /loSf; f-\;""4-( -/ p ... -\,v .. JU,.J \>.II 7 ... -p- rt) c ... / t?-r,--._..( ··/ H~c1;-.1>-, ..... -J /.,,_, ~ t-I , Eva I ua t o r Signature: -----r~ fh,F-..1L.:/Yll~A _7J-/v:n~.;-~--:--:::------ Date: ~ g,-{) r; _@ '-' r - RANKING t - -- ~ +-... (\ '1_" ('I.I -":,S. -...-\ i'-1.., .. s..1 ( ' '" " .. ~ -+ -r t'\ .. -:-.. ..:) (fr 'D < " -.... i"'.:) (ft'v .s;i <JC"~"l\'rL <.vc:""-~l • c, :· ...,-<-~ ....., .. '1 r . {,, rtr I -. • -/ _. V/( (" .,,. :>' r. J;"t~ J VI>'\ t '/... . ~ ,, ., ' ... - fot5fJ , s--r~ ,,,..c{ ... _/ J~ .. -4·~~'-S CI ..... _.. .. ,-1-7 a,..c.....f s ... v"' ( fro-"" ( CV (S. C r ~ ~-ll "3 ""-.5 f .. l e """ ( e_ V ~ "1.., r\.$ . D /\ +"'~ ,v\. ._ /1. .,R . c9 ~~~ v,/ .. (' Jc_ o v~ -fr•#'- . £)." .-~ -VJ~ C-•"' _"'., c ?r-rJ./c.~A.::J f""',/""~""a. \!...v=~-H _ -S,. v "' I'\. oc.__..l,\ c T ~/. h_ ... ..S c:> f '"fr~ e. _ CI~ ,s -r; C ;-( /" .. , ' P-... tc. ' ...,,. / c. , .... ..J e ..5.__ ( (c /"" CC-A -l-c.r.S I ..__ r1c I \ ;-.. ,-""f-... ( . S(J ~ ... K... --f-.> cJ ... !; r,1 D.., ~ ,..., -.f a, -fl\ .. ~ -.(',-/I ,· ./..~--1-~M ( "'"" .. .r -':_ f '\:, .µ.. .l. C O -..... rl I-{.. 7 + • 0 ... ..,._, e. (' . PL r-• ..J rt cfl -1-h~ ~ '1.-t ..,_ ( cf2_ --1--r:. S. ~ 1 Ou,/ cJ cf) ,:_s t..~.U /t:.'\.o~ c9,F".5 CL -f .s ~ .....__{) /'1 • .I) D VG I{/ s G = rp-+ rt:. Ar' °'"' V fe.,.--.-. .. ,t_ -f • ,,.,..., .., 0. y ,',.., ~ f -r '-' ,l t A~ --'S ... _ -P' {'t'.i K_ °'-/o (-v~r p ,C'c{} q.. ). A t J. 'r (J.1. -( ,,... r , 7 M. ""'- ( -,.,.. ~ b" c.-k_ -t-a t ~ c c -. .. s e _:;1 { f: ~ r~ pr-...... ·.,.. ....... ('e., .. ,. ... e, of 1'J -(. r-t c.-4 • 6-~ 7C'"" .s ~ +s. 1 I z I 3 I 4 Is I 5-l 7 I a I g l10.l11 l12l13l14 _l1s.l16l17l1al1~j2ol21!2.2l~3l24l2sl2ol21j2aj29l30~1tt JANUARY . FEBRUARY . ::::A; . '::~o~:~y w:o~~::A; :u~:~~~:~:U~TF~ID:;~E.::::o~Y O~T::::A; NOVEMBER . OE@ -f • . I\ ..... ~ . . '-- ~rt ,-- . ' ,. ... ' Nt+ /J ~G /+ ...,., r I\ Cl.+-'!. 7 ' .. (""' o .c I!: -"' - -- !) t f I\ I -t--(o ,5.-<. /"1 " ri '-'( """"' ... ~u .£-s-~ J. ,'-t.~ e .. .... .---' C i, ""\ °' 0 A , "-'{ I ' -A c.-r-' ,--C. , ., p""M-..:f~• of\ ._.,, ( C.... ... "\ 11'1 / "4 '-f ;:,.71--. (::::... ( •( J, (\ . '""" t-';-'i-t--J 1"1..-h r-F-r#C c:..'-t--r--... ,/-,/.,_/\· ... f (; ~ -0 II (' . , ,., <-"' ~ -f S. ......_ ....._ & t~ t.. A. . r--~eX.-v c-e.. 6>f,:;;:. A.'4! ~. I gt;, f-+ ~~.J .... M e . ~t ~ <~ .S 1"'-b-rt-µ V mj~ .6,e , A~· . ._ e. ,,,,~-+ . () ~ fl}~..:l, ~ ... ~ M'~ .. '( 'Pr u ..S~ o-:f . ~ -fro 'W\ , -4,, ;a~ , tJ (' .. _5-j o,._ J-Ji... ~ -h. ( J ; --f; r r-o ~ -r.s. I . /) C.,ph.. v' .~ r-f.:_ 'v,.; .I C IS' ' C t" ~ .... It.$" ~ ho~ , t--1.·-h. ~~'-I le..., _. e f, J" 't1 p ~ r---t h.,.s ~ .. . ' . .,,. ~ Te~+ C ~ // c cf'-{1 S -fl;:, v--, ~cr~-1..,"'-'_f ' < ~ 11 f!L. b d -d. ' s. ;-Z-<'... I.~ af2 ~C-.(' 0 A.-.j . . . I ~ P~~-(t~-.. ~ ~v~0 ,., ... .tf~ . i's. . ~1'--t.C.,. r , . ' • _5 L-(e. ~~ ""'-€. ._ · f ('" C~.l,' .• . . (; t.'\ ~ e °"'"' "-., J .., (' ' ( ~ vt ~""\ ( ~ v./ IZ.-/~ e.OC>I . ~ e:: - C • -:-F:t--t. p C'-'~ V\..L fV'-"' "t " ~ ~ r J <t.-f---/J -> ~ ,t ~ P, t-CS' ' /l i-·~. &~ -';"" ( ... r . ~ .--. p ,-..i,J....4.-:..._ ~.:: r ·ce ,c..f . -be .. i,,J JJ -ff',;•c.,~-t £()-> ,.._.) ,..r ...s-. ,.b IQ, ~ -.... s~ a-e-~ -Vt..-< .. t. Be""~ L\.it..::) ~ V ,"i\l\rc.>i:: .. " b (' ..,.,.__ f ·. cf)c.~~ ... 1 1 +-F-"'.,. ~ l,v f,, ..! V~f\ ,-,I-....._ Se. c'rS. 0 t .. "IP II~ + f ~-J t·-.. ~ n O ~ • J" ~ ".:J l n <,."' ..-.-i 1-( y e V Q '\,. !, . . V .~ (.p . ( ~ a..t~i'l_O\,._ ~ 'l _x. '&pc('-~~(': ~Gµ. /S. °" ~P't"'-..-for '2 C, rp r"'J~ c ... r f l ~ .P.-+.p--...!2. .. ~ . , ;v ~Ver ~ !Q., a:;;((,...._ . ~~ cP (' .G · SS ·~ _.f //_, ..._,. • P1~'i CJ,./}(( ~-Hr" c-\-1--Y, (i1 '-J 11:J <:?. r-eP QA. o v 0 ... p ~ t c. . ~ e/J e /) ,1f\ e-~4 ~""' r"'.1 rs~ b ~ / ...... 1 "J; ,J l','1,'4 ':.L; . G f-f--1 ·· Jr.>h t].; L q__-,, . c. , " c ... ,. -i O .-P oc... ~"~ -4--:! ? -ti\ .. -6 c. T '"'"" ~ + -4-fi e-c:k:4.-u ~F,J-L I ~ --/( C .f J ;• A 0 1' ,'\ \ "• ~ '-"" (' ","' _:) t) (' I'-~ t,.-..\. \01\ • City of Clearwater 18-22, Venue Management Operator Presentatio n and Ranking Summary I Evaluator Name; K. tz..\S \(oe,l,t NOTES: FIRMS ~llN' ~\CO €a, ·C~ 1 f"" ~ ~ 411\ \ \c::,.c.~ . si-6"'~&.IO') i'O~b \-\\ Ol\$' (~~PJ ~ le-o,e) 1 OVG360 Jir j ..... lrod~.c"" ~ ,~ P~. pv\~ rc,\es ~t..ed. . ~W\'\t,f\.. ~~~ ~ -I u ~· -' "' ~~~~ 2 R kerd Hall f' ( 1"0\." V,\.e.+i~ -tlftt !/.J_ -:_/ Evaluator Signature: _..,,... -- Date: C RANKING 1 l Interview 4/26/2022 OVG/VSG Presentation Notes and Questions: Additional Questions: • If improvements/modifications need to be made to the venue would your organization be willing to pay for these improvements? Do you have funding available for such a project should it arise? o OVG/VSG -want to invest in the facility and the community and have operating risks to "put skin in the game". Would like to be involved in the project before completion. Partner with City of Seattle, City of Savannah, and list of other facilities they provided that they are investing in. Take operating risks in exchange for capital in to projects. $100m in to Amalie Arena. Sold sponsorship to Yuengling Center and dollars go to Cap X budgets to continue reinvesting. o REH -- • How would you work with the community to mitigate sound, traffic and increased crowds that will result from the use of the venue? How will you ensure access and use of the adjoining park during your events? o OVG/VSG -National resources of OVG + Local knowledge and relationships of the VSG. Goal in programming is to make the entire Bay area better and have fun but speak to everyone in the surrounding communities. o REH • Please elaborate on your understanding of appropriate shared use of the facility with the community, and how that would be accomplished? o OVG/VSG -Different events/festivals to enhance overall offerings to the community in conjunction with large amphitheater music events. Could fit within la ndscape for venue too large for Yuengling Center but too small for Amalie. Offers a great size venue to provide. Focus is on world class food and beverage. Tying the park back towards the stage . $1.6 million to Clearwater non-profits, $5 .8 million to Pinellas county non-profits through Lightning Cares program. Venues are li ke community centers; host multiple walks/runs throughout the year. Backpack giveaways, 1000 bike giveaways, multiple uses of the venue to do good work in the community. FL Orchestra meeting was something they collaborated with the orchestra on ........ this unique "spring training" idea. Ultimately they want this park to be seen as a local and community gathering place that attracts world class programming. o REH • What regions/other venues will this venue be in competition with for regional and national touring acts? What niche will this venue fill in the Tampa Bay region? o OVG/VSG -good graphic provided in presentation. Co-promoted events with REH, Straz, and many others ...... show how our growing market and change in demographic means we need more solutions to entertain people. o REH • Clearwater has traditionally had a reputation for only serving the "Baby Boomer" generation. How will you change that perception? o OVG/VSG -good graphics and data on the diversifying they are seeing at their current events. They host a wide variety of programs to serve all populations. They believe they have the most diverse event offerings in the community. Wants to provide the live experience for everyone in the community. o REH • If attendance at live music events declines, how will you change programming? o OVG/VSG -encouraging this to be an open venue. Working with all the promoters. They work with all of them currently. Tours is where the artists make their money today; they need locations to host live events and bring in multiple new acts to this area. Their ro~ting options through their existing venues is a huge advantage. o REH How would you work with existing annual events? • OVG/VSG --Honoring dates/ support the existing events that would be traditional annual City events to see how they could enhance them and not uproot them. They would want to be a part of a lot of the fabric of theses events. What is the length of time with their investments would they be looking to take-this sort of agreement? • OVG/VSG -They would sit down and see what we have and what we need to give the kind of experience needed and provide the kind of revenue required. They would show the economic analysis of items like food and beverage equipment or community pieces or a variety of things. Revenue producing areas would support non-producing revenues . • Whats an example of operating risk at another venue? . • OVG/VSG -City of Savannah has $0 operating risk, so all of the risk is on the operator but said ~ they could provide a lot of options for us on what we as a city are comfortable with offering investing. Also, there is a revenue sharing model in these deals too. Green footprint and sustainability plans? OVG/VSGAt Amalie they use all combustible products and they hold national partners accountable -they are very committed to this area. How would this impact REH and the Capitol Theater? • OVG/VSG -goal is to raise all the ships, they wouldn't want to negatively impact. They tell the truth and would want REH to provide a lot of programming content within the venue and they would have good working relationships at REH. • REH- REH Presentation Notes: • Economic Driver • Community Asset • Access • Cooperation with Community Stakeholders • Limited Interference in Residential Life • Reduce Operating & Cost Burden on the City of Clearwater Operate under a board of directors of local leaders. Nationally ranked venues they operate, award- winning service, education. Going over the difference between not-for-profit driven and run operations and what a for-profit alliance would offer. Competition -without a doubt this would create competition by choosing another operator to run the waterfront amphitheater. Concerned that bringing in the other group would be a squeeze on the existing management of the two venues that we have here in Clearwater. Alternative programming and programming mix graphic -bulleted list of all the different type of artists and programs that they would offer. ACCESS: 1/27/2020 council meeting reference about number of event days and concert days. They showed a projection of what their ticket prices would look like side-by-side with their competition. Open Access venue with co-promotions and offering non-profit discounts, and subsidizing the venue for small community groups to make it affordable. City should include revenues to go towards helping subsidize and sponsor events that would find the venue cost-prohibitive to use. They have their own controlled ticketing department, customer service is better with local customer reps, and lower costs. SUSTAINABILITY: Ability to adapt to the market shown by the length of time Bobby and Susan have been here in the market. Things have changed and will continue to change. Their health at this time shows they are able to survive and adapt. Referencing the St. Augustine model. GOOD-NEIGHBOR -noise pollution and having analysis done and hire someone to look at feedback for this and how to be proactive to mitigate sound -looking at how their programs would impact the overall park, traffic, and environmental impact. They are a part of this community and they have their pulse on what the community is saying about this park in this neighborhood and the business community. Ocean Allies Certified. INVESTMENTS: Since 2014, $21M on improvements to the city's facilities. This year they are doing $1.2M for Cap X and operating costs. Will re -invest as needed to keep the quality of the venue up. They have not used their reserve fund that was required for Capitol Theater as they have been successful operating their venues and not dipping in to reserves. WHY REH -Award winning service, $97m economic impact, 40 years operating venues, demonstrated commitment to this community, strong partnerships, neighborhood friendly. City projected to lose $1.3m operating loss on proforma, but they are assuming that loss in how they would operate that. Questions/ Answers: Q? How would you communicate the offerings across the city to a wide audience? REH: Having grass-root campaigns, digital marketing, social media, and creating relationships with the local properties. Q? How would you ramp up to be able to operate this? REH: Why they ran the test events in 2018-19. Process for operation is not that different from what they currently offer ......... so just use their existing process and scale it up. JV -talks about their reputation in the marketplace and has no hesitation they would be able to step in to operating this venue. Q? How would you acquire/procure sponsors to offset costs -and using your brand whats the meaningful difference between the two. REH: Sponsors will be appealed to based on their location. So some of the ones they talk to that don't fit at REH will fit at this new park. They will be programming and operating events here where the Vinik group would just be operating the venue . Consumer will be the winner if REH is awarded. Q? Would you plan on operating the event without a management fee? REH: They would be looking at not charging the service an operating fee in order to operate several events. They would do like they do at the existing venues by outfitting it with the equipment needed and would seek board approval. City of Clearwater 18-22, Venue Management Operator Presentation and Ranking Summary FIRMS -- 1 OVG360 )c&)-1(.r- Evaluator Signature: _ _J=-~=+-F.+-~-----0 ate: '-< ( ~ {)~ ~ (}ovw-o vr..r f!c,:rf s -c /-e.r/W evio7(-/o "'o-f 0 Ac,v'J~ ,,..,,01v1eiJ ~ ..-.::{ f'ee.., ('lrl'J,-/a~ {'CtffJ IJ) I Evaluator Name, NOTES: Fo<.I' /'""ttf tf/~J µ/ eo,fs-YoJ-CMS-1AMU5'. ;,c~::J,j ro,7~' {:tJJ..f 6_e~;<-C-0~/s- r,-"~"c,;...f .rte.{,, l y'J , 11,f,;4"--.J ,rfc - .S'f, .71yc,sf""'"e S'-1 cnrS -s ,,,,;JIV' , RANKING I 2- ...J ~ Ji... t/a /e,.dr .(o -£ ·pee_ U f -jfl6gj;; J~·~"' (:Jo c.f'i:/r c.£ 15() {i ; ~,))3: Ruth Eckerd Hall: l. If improvements/modifications need to be made to the venue would your organization be willing to pay for theser provements? Do you have funding availab le for such a project should it arise? ~·vi~~ O ;'{ .;:)._ (M.11 d)-'I, ,i,.,,.r..,.ove.r.JF i,S) Cr/; focJtfr<<r , # /.2/1~ ~4/X -fl.,~ '/er-i.,,.~--;o../' /,Ff/ f-r1 ,7ol--;)e_;/}e.r r~ I d()(/q.rf/ 1 ;,;es f/V/~(50, i-£fl-t:?dvo~defl_ 7'4>./' J/ J( se;;/f io /,,et /Vr!>Vf-~f (' I. /' l':..Jt.rf"(:o"'C€-J'Jf' a/~/t!o"'e.-, r.1~e..co~s,,..i/c::/,M q/o77 ei,./(1/, r,,,t:i/4.., .S//lfCf!lJ7,/o, <.t> 7 2. How would you work with the community to mitigate sound, traffic and increased crowds that will result from the use of the venue? How w ill you ensure access and use of the adjoining park during your events? / • !) ; I /J we ,t f t,,Ie/( w/ Cl'/) 11--(or-'-/-) 0 dedrtvr reve.rs-, / ow f"'W""~i / ~,pe_ l "..J ;~s1.11e, Aro.,.rfrc.r c.,,,,5,.,.,/f,;,ef~ p1JjeFI 3. Please elaborate on your understanding of appropriate sha red use of the facility with the community, and ~ow that_w~uld bf accomplishj d? ve,:;/J r:1-,J/S CfJ,1(·e,Jj ,;7 .,, (! 0 .,, rr..-1.1 ;::/, v-t. u I, tt z_;j; 0 ,, n /) '/ tj ,, . 5,; ~ e ('4"'\ t;l/6 Iv S'G ,..,.d«L ,:; t,,)P ,) 'l wet .5Ji,, '1 r i ll . !'.. o ,4... /; e >f t,!'ci f e. jo./' Pi ,.}Jc_-0.J"()vff # j M <LI"' .. Ao,,,,., e - I) S'tJt,i./"<"tAX._ IOl)V,_ y / / .. co,;/N/ rr;v-o-/t-f, 4. What regions/other venues will this venue be in competition with for regional and national touring acts? What niche wi ll this venue fill in the Tampa Bay region? w;I! te.... (;,c>M1.e/t1r"-:... r 22otJ ~ t__Mf'or..-r -j[,J"o "';J;v& jo f-f!!I ,f/PtJO' fl, =t..v ..,,,~s 70 ti>xs-v./VIC-;/ ;7 t~f/ Aas-~,e~ e!o7ef{oY1. --tA,-!J!.. 'I ;J I ,JO Ju ef f; jN. /' 'l lj '{f eviv-<l. r tJ ./', ;J I"\ vJ f'vt/ •t ;f.t v\ pf>' r I< ~J--0 t 11-_ v """'" ,., . » i, J .r-J -1 ,,; , ~ 1 ""'''I ,, • 1 &M ;.-!-/,.~ - _::;r""f~r~ CoM/e/,f;v:.,_ 1""... C/eq,h,J;:;/.ar, 5. Clearwater has traditionall/had a reputation for only servi ng the "Baby Boomer" generation. How will you cha nge that perception? 6. If attendance at live music events declines, how will you change programming? OVG360: 1. If improvements/modifications need to be made to the venue would your organization be willing to pay for these improvements? Do you have. funding available for such a project should it arise? _s-,<,~ ,:, 11.ej"'I"'-~,.. Air\/) ()/".!'4r7 il'~'skr V,'.,.rkJt>Jl-,-/5(;;oy Jv~l/f<Ke_ ~,,,-;;1-,;_; ,,, rf ahQ Rv,uerf /1',f,7! bn&-~ t::f·, cy '1 . 2. How would you work with the community to mitigate sou nd, traffic and increased crowds that will result from the use of the ven ue? How will you ensure access an d use of the adjoining park during your eve nts? ;Jo f C' "ck,~ C (/)#u ,. 3. Please elaborate on your understa nd ing of appropriate shared use of the facility with the community, and how that would be accomplished? )_0 u.} <fl v;;1~ , '; f~.J · .J{o~ f;,y:::/lr/F f;JcJ2_ 'fJ~cf~ FJ/1/VU'F ){b!tC0~ fc!.AA) e~.r,. ~ Jtf1,v) -r;oo v1o·llr-;r1()10 -fa7 c/J7 q~ 4. What regions/other venues will this venue be in competition with for regional and national touring acts? What nich.g will this venue fill in the Tampa Bay region? VVlc.-eJ ~.K.. /, I(, Q,,'\;\/l-1"111°•{7. Ce4-ws--r c Sc/Jo I ;v,,,,K .:r -f.rt.:;;,:) "l'--1 J,r.?•6 ie ,~c,,,,.. e. 5. Clea rwater has traditionally had a reputation for on ly servin g the "Baby Boomer" generation . How will you change that perception? (\ rvW-T-<. e v' .-f--/11( ~' ~/1 ( : ('. ve ")1,1 E:' -}!J;;feil' I /'. -/ ~ ~ e.,,J/ · jJ, I' 5" I/ a, l/'l.. , .J'e ~ Tr .-v> f ,,Lo ,,,,.Q • /"M ~ e ,,-. All Ge"'' .r • IJ•6y '°;~ J.J'o,•L/e '"';' M< It f so IP "171 /'1(').re c:Pi """"'' ; eve.::/ f,, 6. If attendance at live music eve nts declines, how will you change programming? I, e/4'" ; h) , i,1 / c, //['"""le v r . /! ,f'fo,r,u J N f u./( y(-,j-frlM') -f, a/ :;J' MOW. f,Nf>/\.J7VJ/ /Dul... /v'0~'1Cc./'.J/ City of Clearwater 18-22, Venue Management Operator Presentation and Ranking Summary OVG360: 1. If improvements/modifications need to be made to the venue would your organization be willing to pay for these improvements? Do you have funding available for such a project should it arise? 2. How would you work with the community to mitigate sound, traffic and increased crowds that will result from the use of the venue? How will you ensure access and use of the adjoining park during your events? 3. Please elaborate on your understanding of appropriate shared use of the facility with the community, and how that would be accomplished? 4. What regions/other venues will this venue be in competition with for regional and national touring acts? What niche will this venue fill in the Tampa Bay region? 5. Clearwater has traditionally had a reputation for only serving the “Baby Boomer” generation. How will you change that perception? 6. If attendance at live music events declines, how will you change programming? Ruth Eckerd Hall: 1. If improvements/modifications need to be made to the venue would your organization be willing to pay for these improvements? Do you have funding available for such a project should it arise? 2. How would you work with the community to mitigate sound, traffic and increased crowds that will result from the use of the venue? How will you ensure access and use of the adjoining park during your events? 3. Please elaborate on your understanding of appropriate shared use of the facility with the community, and how that would be accomplished? 4. What regions/other venues will this venue be in competition with for regional and national touring acts? What niche will this venue fill in the Tampa Bay region? 5. Clearwater has traditionally had a reputation for only serving the “Baby Boomer” generation. How will you change that perception? 6. If attendance at live music events declines, how will you change programming?