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08/03/2023Thursday, August 3, 2023 6:00 PM City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 Main Library - Council Chambers City Council Meeting Agenda August 3, 2023City 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. All comments received by 5:00 p.m. the day before the meeting (August 2) will become part of the official record. 2) Email – Individuals may submit written comments or videos to ClearwaterCouncil@myclearwater.com. All comments received by 5:00 p.m. the day before the meeting (August 2) will become part of the official record. 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by governmental agencies or groups providing formal updates to Council will be limited to ten minutes.) 4.1 Diversity Poster Contest Presentation - Sherman Stroman, H.R. Diversity Manager; Antanay Tarrant, H.R. Analyst 4.2 U.S. Coast Guard Appreciation Month Proclamation - Senior Chief Boatswain’s Mate Sean Crocker, Officer-in-Charge of Coast Guard Station Sand Key. 4.3 End of Session Report - Peter Dunbar and Martha Edenfield - Dean, Mead, and Dunbar 5. Approval of Minutes Page 2 City of Clearwater Printed on 8/1/2023 August 3, 2023City Council Meeting Agenda 5.1 Approve the minutes of the July 20, 2023 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 Guaranteed Maximum Price proposal to Khors Construction Inc., of Pinellas Park, FL for the restoration of the Ream Wilson Trail pedestrian bridge located over McMullen Booth Road, in the amount of $1,119,595.70 pursuant to RFQ 40-20, Construction Manager at Risk (CMAR) Services for Continuing contracts and authorize the appropriate officials to execute same. (consent) 7.2 Approve an agreement between the City of Clearwater and the School Board of Pinellas County, Florida providing for the continuation of the School Resource Officer program at Clearwater High School, Countryside High School, Oak Grove Middle School, and Clearwater Fundamental for a three-year period, commencing July 1, 2023 through June 30, 2026, and authorize the appropriate officials to execute same. (consent) 7.3 Approve an agreement between the City of Clearwater and Countryside Christian Academy and Preschool of Pinellas County, Florida providing for the implementation of the Police Safety Officer program for a five-year period, commencing August 1, 2023 through June 2, 2028, and authorize the appropriate officials to execute same. (consent) 7.4 Approve a professional service agreement and work order with Wannemacher Jensen Architects (WJA) Inc., of St. Petersburg, FL, for The Long Center Pool Renovation 21-0026-PR in the amount of $203,951, pursuant to Request for Qualifications (RFQ) 08-23, and authorize the appropriate officials to execute same. (consent) Page 3 City of Clearwater Printed on 8/1/2023 August 3, 2023City Council Meeting Agenda 7.5 Approve a proposal from Keystone Excavating, of Oldsmar, FL, for Kings Highway over Stevenson’s Creek Retaining Wall (21-0038-EN) at the Guaranteed Maximum Price of $435,087 pursuant to Request for Qualifications (RFQ) 40-20, Construction Manager at Risk for Continuing Contracts and authorize the appropriate officials to execute same. (consent) 7.6 Approve a Work Order to Advanced Engineering and Design, Inc. of Pinellas Park, FL, for Island Way Road Improvements (23-0019-EN), in the amount of $183,773.25, pursuant to Request for Qualifications (RFQ) 26-19, Engineer of Record Consulting Services (EOR), and authorize the appropriate officials to execute same. (consent) 7.7 Approve a proposal from Keystone Excavating, of Oldsmar, FL, for pilot demonstrations as part of the Fort Harrison Avenue Corridor Improvements (19-0036-EN) project at the Guaranteed Maximum Price of $114,912.87 pursuant to Request for Qualifications (RFQ) 40-20, Construction Manager at Risk for Continuing Contracts, and authorize the appropriate officials to execute same. (consent) 7.8 Approve supplemental one work order with Atkins North America, of Tampa FL, for Community Rating System Support Services from 2023 to 2026 in the amount of $270,930 increasing the value from $89,800 to $360,730 pursuant to Request for Qualifications (RFQ) 26-19, Engineer of Record Continuing Services (EOR), and authorize the appropriate officials to execute same. (consent) 7.9 Approve an agreement and purchase order with HQE Systems, Inc of Temecula, CA, for a severe weather and emergency alert system and support services for the City of Clearwater residents, tourists, and Emergency Management team in the not to exceed amount of $1,282,463.06 pursuant to RFP 30-22, Severe Weather Alert System, and authorize the appropriate officials to execute same. (consent) 7.10 Approve an extension of the Interlocal Agreement for Library Services in Pinellas County for an additional five years, for the period from October 1, 2023 through September 30, 2028, and authorize the appropriate officials to execute same. (consent) 7.11 Designate Vice Mayor Mark Bunker to serve as the City’s official voting delegate at the Florida League of Cities’ Annual Conference, August 10-12, 2023. (consent) Public Hearings - Not before 6:00 PM 8. Second Readings - Public Hearing Page 4 City of Clearwater Printed on 8/1/2023 August 3, 2023City Council Meeting Agenda 8.1 Adopt Ordinance 9681-23 on second reading, annexing certain real property whose post office address is 1786 North Hercules Ave, Clearwater, Florida 33765 into the corporate limits of the city and redefine the boundary lines of the city to include said addition. 8.2 Adopt Ordinance 9682-23 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1786 North Hercules Ave, Clearwater, Florida 33765, upon annexation into the City of Clearwater, as Industrial Limited (IL). 8.3 Adopt Ordinance 9683-23 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1786 North Hercules Ave, Clearwater, Florida 33765, upon annexation into the City of Clearwater as Industrial, Research and Technology (IRT). 8.4 Adopt Ordinance 9692-23 on second reading, amending Section 2.263(1), Code of Ordinances, to increase the salaries of the mayor and councilmembers. 8.5 Adopt Ordinance 9697-23 on third reading, annexing certain real property whose post office address is 1221 Sunset Point Road, Clearwater, Florida 33755 into the corporate limits of the city and redefine the boundary lines of the city to include said addition. 8.6 Adopt Ordinance 9698-23 on third reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1221 Sunset Point Road, Clearwater, Florida, 33755, upon annexation into the City of Clearwater, as Residential Urban (RU). 8.7 Adopt Ordinance 9699-23 on third reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1221 Sunset Point Road, Clearwater, Florida 33755, upon annexation into the City of Clearwater as Low Medium Density Residential (LMDR). 8.8 Adopt Ordinance 9700-23 on third reading, annexing certain real property whose post office address is 1219 Sunset Point Road, Clearwater, Florida 33755 into the corporate limits of the city and redefine the boundary lines of the city to include said addition. 8.9 Adopt Ordinance 9701-23 on third reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1219 Sunset Point Road, Clearwater, Florida, 33755, upon annexation into the City of Clearwater, as Residential Urban (RU). Page 5 City of Clearwater Printed on 8/1/2023 August 3, 2023City Council Meeting Agenda 8.10 Adopt Ordinance 9702-23 on third reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1219 Sunset Point Road, Clearwater, Florida 33755, upon annexation into the City of Clearwater as Low Medium Density Residential (LMDR). 8.11 Continue to September 7, 2023: Adopt Ordinance 9684-23 on second reading, annexing certain unaddressed real property located on the north side of Tanglewood Drive approximately 675 feet west of Oak Creek Drive East, in Clearwater, Florida, 33761 into the corporate limits of the city and redefine the boundary lines of the city to include said addition. 8.12 Continue to September 7, 2023: Adopt Ordinance 9685-23 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain unaddressed real property located on the north side of Tanglewood Drive approximately 675 feet west of Oak Creek Drive East, in Clearwater, Florida, 33761, upon annexation into the City of Clearwater, as Residential Estate (RE) and Preservation (P). 8.13 Continue to September 7, 2023: Adopt Ordinance 9686-23 on second reading, amending the Zoning Atlas of the city by zoning certain unaddressed real property located on the north side of Tanglewood Drive approximately 675 feet west of Oak Creek Drive East, in Clearwater, Florida, 33761, upon annexation into the City of Clearwater as Low Density Residential (LDR) and Preservation (P). 9. City Manager Reports 10. City Attorney Reports 11. Closing comments by Councilmembers (limited to 3 minutes) 12. Closing Comments by Mayor 13. Adjourn Page 6 City of Clearwater Printed on 8/1/2023 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-0793 Agenda Date: 8/3/2023 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: Human Resources Agenda Number: 4.1 SUBJECT/RECOMMENDATION: Diversity Poster Contest Presentation - Sherman Stroman, H.R. Diversity Manager; Antanay Tarrant, H.R. Analyst SUMMARY: ..APPROPRIATION CODE AND AMOUNT: ..USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/1/2023 |1CITY OF CLEARWATER 2023 DIVERSITY LEADERSHIP COUNCIL POSTER CONTEST Age Group 5 - 9 3rd Place, Age 5-9: Luce Fiasconaro, 9 2nd Place, Age 5-9: Blake Young, 5 1st Place, Age 5-9: Camryn Cheney, 8 Age Group 10-12 3rd Place, Age 10-12: Emmeri Duffy, 10 2nd Place, Age 10-12: Ariel Sevelin, 11 1st Place, Age 10-12: Lillian McLeay, 12 Age Group 13 & Up 3rd Place, Age 13 & Up: Kylee Grow, 13 2nd Place, Age 13 & Up: Le’Shanti Robinson, 13 1st Place, Age 13 & Up: Zaynah Hussein Cuellar, 13 Grand Prize Winners 3rd Runner Up: Ariel Sevelin, 11 2nd Runner Up: Lillian McLeay, 12 Grand Prize Winner: Zaynah Hussein Cuellar, 13 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-0911 Agenda Date: 8/3/2023 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: U.S. Coast Guard Appreciation Month Proclamation - Senior Chief Boatswain’s Mate Sean Crocker, Officer-in-Charge of Coast Guard Station Sand Key. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/1/2023 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-0774 Agenda Date: 8/3/2023 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by government agencies or groups providing formal updates to Council will be limited to ten minutes.) In Control: Council Work Session Agenda Number: 4.3 SUBJECT/RECOMMENDATION: End of Session Report - Peter Dunbar and Martha Edenfield - Dean, Mead, and Dunbar SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/1/2023 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-0910 Agenda Date: 8/3/2023 Status: Agenda ReadyVersion: 1 File Type: MinutesIn Control: City Council Agenda Number: 5.1 SUBJECT/RECOMMENDATION: Approve the minutes of the July 20, 2023 City Council meeting as submitted in written summation by the City Clerk. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/1/2023 City Council Meeting Minutes July 20, 2023 Page 1 City of Clearwater City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 Meeting Minutes Thursday, July 20, 2023 6:00 PM Main Library - Council Chambers City Council Draft City Council Meeting Minutes July 20, 2023 Page 2 City of Clearwater Roll Call Present: 5 - Mayor Brian Aungst Sr., Vice Mayor Mark Bunker, Councilmember David Allbritton, Councilmember Kathleen Beckman and Councilmember Lina Teixeira Also Present: Jennifer Poirrier – 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 Aungst, Sr. The meeting was called to order at 6:00 p.m. 2. Invocation – Pastor Bob Brubaker from Christ Community Presbyterian Church 3. Pledge of Allegiance 4. Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by governmental agencies or groups providing formal updates to Council will be limited to ten minutes.) – Given. 4.1 July Service Awards Two service awards were presented to city employees. The July/August Bimonthly Team Award was presented to the Jasmine Fire Crew- Station 45C: Lt. Sean Becker, Matthew Mauger, Gabriel Cerpa, Joshua Engberg, Christopher Vital, Noah Kidd, Lt. Anthony Gomillion, Michael Billian, and Curtis Fivecoat. 4.2 Clearwater Sister Cities High School and Middle School Japan Trip Presentations Clearwater, Florida, USA and Nagano, Japan have been Sister Cities since 1959. Every year the City of Clearwater awards four scholarships to high school students (Clearwater residents) for a cultural exchange trip to Nagano, Japan. This year the four students and one chaperone traveled from June 22 to July 3. Clearwater Sister Cities Inc. sends middle school students on a similar trip, not funded by the city. This year seven middle school students and three chaperones traveled to Japan from June 6 to June 20. These cultural Draft City Council Meeting Minutes July 20, 2023 Page 3 City of Clearwater exchange trips have been on hold since 2019 due to the pandemic. Students will give short presentations of their trip and share their experiences and what they have learned. 5. Approval of Minutes 5.1 Approve the minutes of the June 15, 2023 City Council meeting as submitted in written summation by the City Clerk. Councilmember Beckman moved to approve the minutes of the June 15, 2023 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 Maryellen Gordon opposed the proposed development at 420/432 Bay Avenue and asked which agency was responsible for enforcing the stated criteria of the Downtown Development Zone goals and Greenprint 2.0 environmental goals. Sarah Brown Caudell opposed the proposed development at 420/432 Bay Avenue and requested notification and council oversight on any construction proposed on the sites. Katrina George expressed concerns with 34 feral cats roaming her neighborhood and requested assistance to address the roaming cat colony. Rudy Michalek referenced a recent newspaper article regarding civility at meetings and thanked Council for their dedication and service to the city. He said inflation is down and now slightly above 7% in Tampa. Ellen O'Donnell opposed the potential demolition of the Clearwater Lawn Bowling and Shuffleboard clubhouses in order to accommodate other recreation activities, requested the City advertise and market the Lawn Bowling and Shuffleboard facility, and provided a proposal that would allow the City to accommodate additional sports activities without eliminating any of the lawn bowling or shuffleboard facilities. Jason Mastropietro requested consideration to add one full time employee at Moccasin Lake Nature Park to support the growing activities at the park. Draft City Council Meeting Minutes July 20, 2023 Page 4 City of Clearwater Matthew Zimmerman said homelessness affects individuals of all walks of life and encouraged the City to support policies and funding for affordable housing. Patrick Raftery encouraged Council to understand the staffing shortages in each department and why the vacant positions cannot be filled. He said the staffing shortages impact not only the department, but the organization as a whole. He also supported an additional FTE at Moccasin Lake Nature Park. Jeff Denis and T. William Atherton opposed the proposed development at 420/432 Bay Avenue and expressed concerns with the notification process. Robert Wiltz encouraged the City to support initiatives that address homeless vulnerability, as the vulnerability brings crime. Phil Kitchens opposed selling alcohol at Coachman Park and opposed the comments made during the work session regarding freedom of speech at council meetings. He suggested naming a street after former city manager William B. Horne II. Mr. Holuba expressed concerns with efforts trampling citizens' First Amendment rights at council meetings and opposed amending decorum rules. Mike Riordon said the homeless undercount is a nationwide fact. He suggested Cleveland Street should be open in the mornings through 6:00 p.m.; Thursdays through Sunday, sections of the street should be closed. Jennifer Haithcock supported the affordable housing initiatives contained in the Pinellas County Housing Compact and stated if the City could raise $84 million to build Coachman Park, the City can raise funds needed for a high-rise homeless shelter with affordable housing and mental health services. Kathy Flaherty submitted an email regarding the replacement of the irrigation system at the Clearwater Golf Course (see page 25). Beth Davis submitted an email supporting an Eviction Specialist staff position (see page 26). Cheryl U submitted an email regarding short term rental regulations within city limits (see page 27). Draft City Council Meeting Minutes July 20, 2023 Page 5 City of Clearwater 7. Consent Agenda – Approved as submitted, less Items 7.6 and 7.19. 7.1 Accept a Gas Utility Easement from KW REALTY FUND IX LLC, for the construction, installation, and maintenance of gas utility facilities on real property located at 2358, 2308, 2284, 2290, 2294, 2298, 2302, 2310, 2316, 2320, 2324, 2328, and 2332 Gunn Highway, Odessa, FL 33556. (consent) 7.2 Approve a purchase order to Bliss Products, of Lithia Springs, Georgia for the purchase of amenities for park locations in the total amount of $267,576.75, pursuant to Clearwater Code of Ordinances Sections 2.563(1)(c), piggyback, and 2.563(1)(d), Impractical, and authorize the appropriate officials to execute same. (consent) 7.3 Approve agreement terms with Bounce Life Amusements, LLC of Largo Florida and authorize the appropriate officials to execute same. (consent) 7.4 Authorize a Guaranteed Maximum Price proposal to Khors Construction Inc., of Pinellas Park, FL for the construction and replacement of the wooden deck around the Pier 60 Concession Stand, in the amount of $287,729.98, pursuant to RFQ 40-20, Construction Manager at Risk (CMAR) Services for Continuing contracts and authorize the appropriate officials to execute same. (consent) 7.5 Approve a Strategic Consulting Services Contract between the city and CAA ICON in a not to exceed amount of $210,000 to provide consulting services in connection with negotiations with the Philadelphia Phillies for the renovations and usage of BayCare Ballpark and the Carpenter Complex and authorize the appropriate officials to execute same. (consent) 7.6 Approve a Restrictive Covenant between the City of Clearwater and State of Florida, Department of State, Division of Arts and Culture to allow Ruth Eckerd Hall, Inc. to receive a Cultural Facilities Grant in the amount of $500,000 and authorize the appropriate officials to execute same. (consent) See Below. 7.7 Approve acceptance of a United States Department of Justice, Office of Justice Programs (OJP), 2022 Bureau of Justice Assistance Fiscal Year 2022 Edward Byrne Memorial Justice Assistance Grant (JAG) Program - Local Solicitation, grant award in the amount of $40,122 for the Mental Health Co-Responder Team and authorize the appropriate officials to execute same. (consent) 7.8 Approve the Distribution Easement request by Duke Energy to operate and maintain its facilities in support of the City Hall Bluff project at 112 S. Osceola Avenue, Clearwater, Florida. (consent) Draft City Council Meeting Minutes July 20, 2023 Page 6 City of Clearwater 7.9 Approve four-year Professional Service Agreements with forty-seven firms, selected for Engineer of Record (EOR), pursuant to Request for Qualifications (RFQ) 34-23 and authorize the appropriate officials to execute same. (consent) 7.10 Approve the Drainage Easement conveyance request from Dolphin Harbour Development of Island Estates, LLC., to install, repair, and maintain drainage utilities on real property located at 125 Island Way, Clearwater, Pinellas County, Florida. (consent) 7.11 Approve Supplemental One Work Order to Mead and Hunt, Inc. of Tampa, FL, for the Citywide Transportation Mobility Assessment (21-0036-EN) in the amount of $146,000 increasing the value from $352,800 to $498,800 pursuant to Request for Qualifications (RFQ) 26-19, Engineer of Record Continuing Services (EOR), and authorize the appropriate officials to execute same. (consent) 7.12 Authorize a purchase order to Bausch Enterprises Inc. of Stuart, FL, for the purchase of beach lifeguard towers for Clearwater Fire and Rescue (CFR) beach lifeguard personnel in the amount of $143,625.00, pursuant to Invitation to Bid 35-23 - Aluminum Lifeguard Towers, and authorize the appropriate officials to execute same. (consent) 7.13 Reappoint Mr. Rick G. Stucker to a four-year term as a Trustee of the Clearwater Firefighers’ Supplemental Trust Fund in accordance with Sec. 175.061 of the Florida State Statutes. (consent) 7.14 Authorize a purchase order to CDW-G, of Vernon Hills, IL, for Cisco hardware and software solutions in the amount of $257,332.41, pursuant to Clearwater Code of Ordinances Section 2.563(1)(c), Piggyback; authorize the use of a lease purchase under the City's Master Lease Purchase Agreement or internal financing via an interfund loan from the Capital Improvement Fund, whichever is deemed to be in the City's best interests; and authorize the appropriate officials to execute same. (consent) 7.15 Approve a purchase order to Oracle America, Inc. of Redwood Shores, CA for software maintenance in a not-to-exceed amount of $180,645.39 for a one-year term pursuant to Clearwater Code of Ordinances Section 2.563 (1)(a), single source, and authorize the appropriate officials to execute same. (consent) 7.16 Approve a second amendment and second extension to the Water Taxi Services Contract with Clearwater Ferry Services, Inc. for the term of ten years, commencing October 1, 2023 and providing $500,000 in subsidies to Clearwater Ferry Services Inc. over a five-year period and authorize the appropriate officials to execute same. (consent) 7.17 Authorize a Purchase Order to W.W. Grainger of Lake Forest, IL., for the purchase of Draft City Council Meeting Minutes July 20, 2023 Page 7 City of Clearwater maintenance, repair, and operating supplies in the not-to-exceed amount of $350,000.00 ($175,000.00 for Public Utilities and $175,000.00 for General Services) for the period of July 1, 2023 through June 30, 2024, for one year, per Clearwater Code of Ordinances Section 2.563(1)(c), piggyback, and authorize the appropriate officials to execute same. (consent) 7.18 Approve Supplemental Work Order 3 to Black and Veatch, Inc., of Tampa, FL, for SCADA Master Plan Project Management Services (20-0016-UT) in the amount of $62,500.00, increasing the work order from $143,080.00 to $205,580.00, and authorize the appropriate officials to execute same. (consent) 7.19 Award a construction contract to TLC Diversified, Inc. of Palmetto, FL, in the amount of $7,933,000.00 for the Lift Station 16 Pierce Street Rehabilitation project pursuant to Invitation to Bid (ITB) 20-0008-UT, approve Supplemental Work Order 3 to Stantec Inc. for Construction Engineering Services in the amount of $203,819.00, increasing work order from $580,564.00 to $784,383.00, and authorize the appropriate officials to execute same. (consent) See Below. 7.20 Reappoint Stephanie Chill to the Sister Cities Advisory Board with a term to expire July 31, 2027. (consent) 7.21 Reappoint Deena Stanley to the Marine Advisory Board with a term to expire July 31, 2027. (consent) 7.22 Ratify and confirm hiring the law firm of Luke Charles Lirot, P.A. for representation in the case of Florida Preborn Rescue, Inc., Allen Tuthill, Antoniette M. Migliore, Scott J. Mahurin, and Judith Goldsberry v. City of Clearwater, Case No. 8:23-cv-01173-MSS-AAS for the initial retainer amount of $25,000. (consent) Vice Mayor Bunker to approve the Consent Agenda as submitted, less Items 7.6 and 7.19, and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 7.6 Approve a Restrictive Covenant between the City of Clearwater and State of Florida, Department of State, Division of Arts and Culture to allow Ruth Eckerd Hall, Inc. to receive a Cultural Facilities Grant in the amount of $500,000 and authorize the appropriate officials to execute same. (consent) Ruth Eckerd Hall, Inc. (REH) applied for and received a cultural facilities grant in the amount of $500,000 for interior renovations and improvement to the performing arts center. The City as owner of the land and buildings is required to enter a restrictive covenant with the State under Section 265.701(4) Draft City Council Meeting Minutes July 20, 2023 Page 8 City of Clearwater Florida Statues to ensure that the facility will be used for a “cultural facility” for ten years following the execution of the agreement. A “cultural facility” as defined by the State is a building which will be used primarily for the programming, production, presentation, exhibition of the cultural disciplines such as: music, theater, creative writing, literature, painting, sculpture, folk art etc. The City currently has an agreement with REH that runs to July 1, 2031, to operate the facility as a “cultural facility”, while the restrictive covenant will run to July 17, 2033. Even if REH and the City do not extend the current lease beyond July 1, 2031, staff is recommending approval of the restrictive covenant as the city will continue to operate the facility as a “cultural facility” for the remaining two years as required by the restrictive covenant. The Mayor said per the City Attorney, he must recuse himself. Councilmember Teixeira moved to approve a Restrictive Covenant between the City of Clearwater and State of Florida, Department of State, Division of Arts and Culture to allow Ruth Eckerd Hall, Inc. to receive a Cultural Facilities Grant in the amount of $500,000 and authorize the appropriate officials to execute same. The motion was duly seconded and carried with the following vote: Ayes: 4 - Vice Mayor Bunker, Councilmember Allbritton, Councilmember Beckman and Councilmember Teixeira Recused: 1 - Mayor Aungst Sr. 7.19 Award a construction contract to TLC Diversified, Inc. of Palmetto, FL, in the amount of $7,933,000.00 for the Lift Station 16 Pierce Street Rehabilitation project pursuant to Invitation to Bid (ITB) 20-0008-UT, approve Supplemental Work Order 3 to Stantec Inc. for Construction Engineering Services in the amount of $203,819.00, increasing work order from $580,564.00 to $784,383.00, and authorize the appropriate officials to execute same. (consent) Due to age and increasing capacity requirements identified in the Wastewater Collection System Master Plan, Lift Station 16 requires replacement. The work consists of demolishing the current lift station and constructing a new 4.9 MGD lift station located at the Western end of Pierce Street. Public Utilities Department issued ITB 20-0008-UT which closed on March 22, 2023. TLC Diversified Inc of Palmetto, FL was the lowest and only responsible bid received in accordance with the plans and specifications. In June 2022, Engineer of Record (EOR) Stantec had estimated the construction cost to be Draft City Council Meeting Minutes July 20, 2023 Page 9 City of Clearwater $5.3 million. Due to the post pandemic economy, the estimated costs have continued to increase. On June 4, 2020, City Council approved an initial work order to EOR Stantec to provide design, permitting, and construction services for the rehabilitation of failing components at Lift Station 16 in the amount of $198,608. At the time of this initial work order, the construction cost estimate was under $4 million, and the project was awarded to an EOR. On December 17, 2020, City Council approved Supplemental Work Order 1 to EOR to provide additional design and construction services associated with the above recommended capacity improvements at Lift Station 16 in the amount of $248,966, increasing the work order value from $198,608 to $447,574. On April 4, 2022, City Council approved Supplemental Work Order 2 to EOR Stantec in the amount of $132,990 to provide additional design and services associated with the addition of a canopy structure with cladding/screening as well as more robust landscaping/irrigation to better screen the facility given the lift station’s proximity to Imagine Clearwater, increasing the work order value from $447,574 to $580,564. Supplemental Work Order 3 is for additional project management, administration, additional engineering services and resident project representative (RPR) during construction which is currently estimated to be 9 months. Although the construction cost is now more than $4 million, this project initially began when the estimated cost of construction was under $4 million and the continued use of Stantec is in accordance with the Florida's Consultants' Competitive Negotiation Act (CCNA) guidelines. In addition, the use of a different engineering firm would result in higher costs to the City. Construction duration is 275 calendar days after issuance of Notice to Proceed. The City of Clearwater’s Public Utilities Department is responsible for owning, operating, and maintaining the sanitary sewer collection system. APPROPRIATION CODE AND AMOUNT: 3217321-563800-96686 $7,933,000 3217321-561300-96686 $203,819 A second quarter budget amendment will transfer Sewer Revenue (388422) in the amount of $5,000,000 from 96215 Northeast Plant Upgrades/Improvements to 96686 Pump Station Replacement. Additional funds are available in 96686 Pump Station Replacement to fund the program. In response to questions Engineering Division Manager Jeremy Brown said the projected cost provided by the Engineer of Record in 2020 was less than $4 million. The supply market has been volatile and the engineer of record Draft City Council Meeting Minutes July 20, 2023 Page 10 City of Clearwater included a 40% market conditions premium (contingency). Staff reached out to 30 companies in the area and asked why they did not respond to the request. Many companies stated the project did not fit their workload or could not provide a competitive bid with the current labor market. He said projects are funded in advance. Councilmember Allbritton moved to award a construction contract to TLC Diversified, Inc. of Palmetto, FL, in the amount of $7,933,000.00 for the Lift Station 16 Pierce Street Rehabilitation project pursuant to Invitation to Bid (ITB) 20-0008-UT, approve Supplemental Work Order 3 to Stantec Inc. for Construction Engineering Services in the amount of $203,819.00, increasing work order from $580,564.00 to $784,383.00, and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. Public Hearings - Not before 6:00 PM 8. Administrative Public Hearings 8.1 Adopt a tentative millage rate of 5.8850 mills for fiscal year 2023/24; set public hearing dates on the budget for September 6, 2023 and September 21, 2023, to be held no earlier than 6:00 p.m., and schedule a special work session on August 7, 2023, at 1:30 p.m. to fully discuss the proposed budget. (APH) In accordance with the Truth in Millage (TRIM) process, the City Council must adopt a tentative millage rate and set public hearing dates prior to finalizing and adopting a budget. This information must be provided to the Pinellas County Property Appraiser and Tax Collector by August 1, 2023. The City's proposed millage rate and public hearing dates will be included on the TRIM notices mailed to taxpayers in August. This tentative rate cannot be increased without first-class mailing notification to each taxpayer at the expense of the City of Clearwater, not less than 10 days and not more than 15 days before the public hearing. The City Manager's recommended millage rate is 5.8850 mills, the same as the current year. This rate is 10.27% more than the rolled back rate of 5.3370 mills. The rolled-back rate is the millage rate that will provide the City with the same property tax revenue as was levied in the prior year. If the proposed millage rate of 5.8850 mills is adopted, the City's ordinance adopting the millage rate will reflect an 10.27% increase from the rolled-back rate of 5.3370 mills. Draft City Council Meeting Minutes July 20, 2023 Page 11 City of Clearwater The proposed millage rate as well as other TRIM millage rates will be noted on the 2023 compliance forms as follows: 5.8850 mills - Tentative millage rate 5.3370 mills - Rolled-back millage rate 5.7816 mills - Maximum majority vote rate 6.3598 mills - Maximum two-thirds vote rate A special budget work session is being scheduled for Monday, August 7, 2023, at 1:30 pm to fully discuss the proposed budget. Budget Director Kayleen Kastel provided a PowerPoint presentation. One individual supported maintaining the millage rate, requested that housing initiatives be treated with more urgency, and encouraged increasing the allocation of social services for homelessness. One individual supported providing funding towards workforce and affordable housing. One individual supported lowering the millage. The Council recessed from 7:33 p.m. to 7:41 p.m. Councilmember Beckman moved to adopt a tentative millage rate of 5.8850 mills for fiscal year 2023/24; set public hearing dates on the budget for September 6, 2023 and September 21, 2023, to be held no earlier than 6:00 p.m., and schedule a special work session on August 7, 2023, at 1:30 p.m. to fully discuss the proposed budget. The motion was duly seconded and carried unanimously. 8.2 Approve the City of Clearwater’s Fiscal Year (FY) 2023/2024 Annual Action Plan, which is the fourth Action Plan of the FY 2020/2021 - FY 2024/2025 Consolidated Plan, to implement the goals and objectives set forth in the Consolidated Plan and authorize the appropriate officials to enter into agreements with HUD and organizations approved for funding, together with authorization to execute administrative adjustments to same as needed. (APH) On July 16, 2020, City Council approved the 2020/2021 - 2024/2025 Consolidated Plan (Consolidated Plan) identifying the city’s goals and objectives with respect to the city’s administration of HOME Investment Partnerships (HOME) and Community Development Block Grant (CDBG) Program funds. Under the Consolidated Plan, the City is required by US Department of Housing and Urban Development (HUD) to create and implement a plan each year to identify the sources and uses of these funds for Draft City Council Meeting Minutes July 20, 2023 Page 12 City of Clearwater housing, community programs, and economic development. This plan, referred to as the Annual Action Plan, provides HUD with the City’s Housing Division budget and proposed expenditures based on the entitlement funds and estimated program income that the City will receive in the upcoming fiscal year to meet the goals and objectives established in the Consolidated Plan. Funds will be used to develop viable communities and sustain existing ones. In addition, the funds will be used to provide safe, decent and affordable housing to assist extremely low- to moderate-income households. This year’s Annual Action Plan allocates federal funds to provide housing opportunities to extremely low- to moderate-income households for new and existing homes, construction and/or renovation of public facilities, and to fund public services programs. The Annual Action Plan serves as a budget for planned projects and identifies unallocated funds available for additional project(s) throughout the budget year. Staff requests authorization to make administrative adjustments during the budget year to fund additional project(s), including shifting funds between projects within budgetary segments. The FY2023/2024 Annual Action Plan is due to HUD on August 15, 2023. All organizations that will be receiving an allocation will have agreements prepared and executed by October 1, 2023. Staff performs compliance monitoring with funded organizations on an annual basis. On June 7, a notice of 30-day comment period and public hearings was published in the Tampa Bay Times. On July 11, 2023, the City’s Neighborhood and Affordable Housing Advisory Board (NAHAB) hosted the 1st of the 2 required public hearings and passed a motion recommending City Council approval of the FY2023/2024 Annual Action Plan. Grant Application Process for CDBG Program - The City partners with several non-profit agencies to implement the goals and objectives established in the Consolidated Plan. To obtain these partners, the City annually publishes in February a Notice of Funding Availability in the local newspaper and on its website. This notice informs the public of the resources the City will make available and the eligible uses of those resources. It also informs them of the 30-day application period for requesting funds. The applications were due on March 17, 2023. The city received 22 completed and qualified applications and staff recommends funding of each. A Technical Review Committee (TRC) comprised of a professional in the social service and grants community, a member of the NAHAB, a representative of the Clearwater Urban Leadership Coalition, and the City Clerk reviewed and Draft City Council Meeting Minutes July 20, 2023 Page 13 City of Clearwater ranked the applications. Applicants were provided an opportunity to present their proposed projects at the April 11, 2023, NAHAB meeting. City Housing staff also reviewed each application to ensure it met HUD’s baseline requirements. With guidance from the TRC and NAHAB and based on available funding, City staff prepared recommended funding allocations. The NAHAB met on May 9, 2023 and approved the recommended allocations. NAHAB approval is subject to City Council approval of the Annual Action Plan. Recommended CDBG Grant Allocations (Competitive) - The City may allocate up to 15% ($137,000) of its CDBG entitlement funds for Public Services activities. This year the city received eight requests for funding subject to the 15% cap. Staff recommends allocation of funding based on the tiered ranking of TRC scoring for which the three highest-ranked applicants are granted $22,833 each; the next three highest-ranked applicants are granted $15,983 each; and the two lowest-ranked applicants are granted $10,275 each. The city received eight requests for funding of Public Facilities improvements. The TRC reviewed each application and recommended funding of each request as appropriate. Staff is recommending funding of all eligible components of each request up to $90,000 (plus project delivery costs paid by the city including inspection fees, environmental review record and other fees). The total staff-recommended allocation for the eight projects is $559,141. These investments will help daily operations of each public service provider with improved facility functionality, efficiency, and safety features. Other Recommended Allocations (Non-Competitive) - Staff recommends funding of the following additional activities/programs: • Additional requests for public facility or infrastructure projects ($590,523) • Small business/microenterprise, childcare, and façade activities ($388,352), • New Construction, Rehabilitation, Purchase Assistance (fka Down Payment Assistance), Tenant Based Rental Assistance and Community Housing Development Organization (CHDO) set aside funds ($8,661,289) • Homeownership Education & Counseling ($50,000) • Property Acquisition & Demolition ($255,000) BACKGROUND: Anticipated Resources - In FY2023-2024, the City will receive $913,337 in entitlement funds for the Draft City Council Meeting Minutes July 20, 2023 Page 14 City of Clearwater CDBG Program and $532,649 in entitlement funds for the HOME Program. The City is also reprogramming: $5,118,850 in prior year HOME entitlement and program income funding; $228,000 in anticipated FY2023-2024 HOME program income; $1,163,192 in prior year CDBG entitlement and program income funding; $27,800 in anticipated FY2023-2024 CDBG program income; and $1,221,637 in CDBG Revolving Loan Program funds. Funds provided through the CDBG Program may be used for housing, community and economic development, public services and facilities, acquisition, relocation and administration. Funds provided through the HOME Program are limited to housing-related activities and administration. Included in the budget is State Housing Initiatives Partnership (SHIP) Program funds in amounts of $1,365,854 and $475,000 in entitlement and anticipated program income funding, respectively. In response to questions, Economic Development and Housing Director Denise Sanderson said SHIP funds are included in the consolidated plan because the funds are used to achieve HUD's national objectives. She said the City uses SHIP funds to support homebuyer education and counseling services, instead of CDBG/HOME funds. The federal funds are entitlement funds (formula allocations based on population and low-moderate income areas). The city does not receive SAIL funding. Ms. Sanderson said the City does not have an active rental assistance program; the department administered one many years ago. The department is proposing to contract Clearwater Housing Authority to do the first/last month rent, or security deposit, to support their housing choice voucher program. Landlords are reluctant to be involved in the voucher program due to delayed payment. She said it is hoped that the rental assistance program will mitigate that since there will always be a security deposit. The 2020/2021 HOME-ARP funds allocation will be amended to reprogram $891,000 for supportive services, such as housing navigation, housing liaison, and legal services. She sad the department has included an additional FTE in the proposed budget for the affordable housing division. Vice Mayor Bunker moved to Approve the City of Clearwater’s Fiscal Year (FY) 2023/2024 Annual Action Plan, which is the fourth Action Plan of the FY 2020/2021 - FY 2024/2025 Consolidated Plan, to implement the goals and objectives set forth in the Consolidated Plan and authorize the appropriate officials to enter into agreements with HUD and organizations approved for funding, together with authorization to execute administrative adjustments to same as needed. The motion was duly seconded and carried Draft City Council Meeting Minutes July 20, 2023 Page 15 City of Clearwater unanimously. 8.3 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 1221 Sunset Point Road and pass Ordinances 9697-23, 9698-23, and 9699-23 on second reading. (ANX2022-05007) This voluntary annexation request was passed on first reading on July 21, 2022 and involves a 0.137-acre property consisting of one parcel located on the south side of Sunset Point Road approximately 385 feet east of Douglas Avenue. The property is contiguous to existing City boundaries to the north. 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: 9583-22, 9584-22 and 9585-22), so a third and final reading will also be scheduled for August 3, 2023 meeting. Ordinances 9697-23, 9698-23, and 9699-23 were presented and read by title only. Councilmember Teixeira moved to approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1221 Sunset Point Road and pass Ordinances 9697-23, 9698-23, and 9699-23 on second reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Aungst Sr., Vice Mayor Bunker, Councilmember Allbritton, Councilmember Beckman and Councilmember Teixeira 8.4 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 1219 Sunset Point Road and pass Ordinances 9700-23, 9701-23, and 9702-23 on second reading. (ANX2022-05008) This voluntary annexation request was passed on first reading on July 21, 2022 and involves a 0.137-acre property consisting of one parcel located on the southeast corner of Sylvan Drive and Sunset Point Road. The property is contiguous to existing city boundaries to the north. Second reading of this annexation request was delayed because the applicant was constructing a Draft City Council Meeting Minutes July 20, 2023 Page 16 City of Clearwater 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: 9586-22, 9587-22 and 9588-22), so a third and final reading will also be scheduled at the August 3, 2023 meeting. Ordinances 9700-23, 9701-23, and 9702-23 were presented and read by title only. Councilmember Allbritton moved to approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1219 Sunset Point Road and pass Ordinances 9700-23, 9701-23, and 9702-23 on second reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Aungst Sr., Vice Mayor Bunker, Councilmember Allbritton, Councilmember Beckman and Councilmember Teixeira 8.5 Approve the annexation, initial Future Land Use Map designation of Industrial Limited (IL) and initial Zoning Atlas designation of Industrial, Research and Technology (IRT) District for 1786 North Hercules Avenue, and pass Ordinances 9681-23, 9682-23, and 9683-23 on first reading. (ANX2023-05004) This voluntary annexation petition involves a 0.300-acre property consisting of one parcel of land occupied by a warehouse and office. The property is located on the west side of North Hercules Avenue approximately 200 feet south of Calumet Street. The applicant is requesting annexation in order to receive sanitary sewer and solid waste service from the city. The property is contiguous to existing city boundaries to the east. It is proposed that the property be assigned a Future Land Use Map designation of Industrial Limited (IL) and a Zoning Atlas designation of Industrial, Research and Technology (IRT). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: • The property currently receives water service from the city. The closest sanitary sewer line is located in the adjacent North Hercules Avenue right-of-way. The applicant has paid the city's sewer impact and Draft City Council Meeting Minutes July 20, 2023 Page 17 City of Clearwater assessment fees in full and is aware of the additional costs to extend city sewer service to this property. The property is located within Police District III and service will be administered through the district headquarters located at 2851 McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station #48 located at 1700 North Belcher Road. The city has adequate capacity to serve this property with sanitary sewer, solid waste, police, and 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.2.2 Future land use in the City of Clearwater shall be guided by the city’s Future Land Use Map, which shall be consistent with the Countywide Plan for Pinellas County (The Countywide Plan) including the Countywide Plan Map and shall be implemented through the city’s Community Development Code. Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. • The proposed Industrial Limited (IL) Future Land Use Map category is consistent with the current Countywide Plan designation of the property. The IL designation primarily permits non-residential uses at a floor area ratio (FAR) of 0.65. The proposed zoning district to be assigned to the property is the Industrial, Research and Technology (IRT) District. The use of the subject property is consistent with the uses allowed in the district. The property is nonconforming with regard to lot area and width and has numerous nonconforming site conditions. Any future development or redevelopment of this site can only be achieved through a comprehensive infill redevelopment project; and • 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 Draft City Council Meeting Minutes July 20, 2023 Page 18 City of Clearwater boundaries to the east; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. Ordinances 9681-23, 9682-23, and 9683-23 were presented and read by title only. Councilmember Beckman moved to approve the annexation, initial Future Land Use Map designation of Industrial Limited (IL) and initial Zoning Atlas designation of Industrial, Research and Technology (IRT) District for 1786 North Hercules Avenue, and pass Ordinances 9681-23, 9682-23, and 9683-23 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Aungst Sr., Vice Mayor Bunker, Councilmember Allbritton, Councilmember Beckman and Councilmember Teixeira 8.6 Continue to August 17, 2023: Approve the annexation, initial Future Land Use Map designations of Residential Estate (RE) and Preservation (P) and initial Zoning Atlas designations of Low Density Residential (LDR) and Preservation (P) Districts for an unaddressed parcel on Tanglewood Drive, and pass Ordinances 9684-23, 9685-23, and 9686-23 on first reading. (ANX2023-05005) This voluntary annexation petition involves a 0.456-acre property consisting of one parcel of vacant land. The property is located on the north side of Tanglewood Drive approximately 675 feet west of Oak Creek Drive East. The applicant is requesting annexation in order to receive sanitary sewer and solid waste service from the city. The applicant plans to develop a detached dwelling on the property but there have been no plans submitted at this time. The property is contiguous to existing city boundaries to the north and east. It is proposed that the property be assigned Future Land Use Map designations of Residential Estate (RE) and Preservation (P) and Zoning Atlas designations of Low Density Residential (LDR) and Preservation (P). 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 county. The closest sanitary sewer line is located in the Oak Creek Drive North right-of-way to the north of the subject property, which the property owner plans to extend to via a private line. 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. The property is located within Police District III and Draft City Council Meeting Minutes July 20, 2023 Page 19 City of Clearwater service will be administered through the district headquarters located at 2851 McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station #50 located at 2681 Countryside Boulevard. The city has adequate capacity to serve this property with sanitary sewer, solid waste, police, and 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.2.2 Future land use in the City of Clearwater shall be guided by the city’s Future Land Use Map, which shall be consistent with the Countywide Plan for Pinellas County (The Countywide Plan) including the Countywide Plan Map and shall be implemented through the city’s Community Development Code. Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. • The proposed Future Land Use Map Residential Estate (RE) and Preservation (P) categories are consistent with the current Countywide Plan designation of the property. The RE designation primarily permits residential uses at a density of 1 unit per acre. The proposed zoning districts to be assigned to the property are the Low Density Residential (LDR) and Preservation (P) Districts. The use of the subject property is consistent with the uses allowed in the districts 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 and east; therefore, the annexation is Draft City Council Meeting Minutes July 20, 2023 Page 20 City of Clearwater consistent with Florida Statutes Chapter 171.044. 9. Second Readings - Public Hearing 9.1 Adopt Ordinance 9638-23 on second reading, amending the Comprehensive Plan to address the creation of a new Parks and Recreation impact fee system. Ordinance 9638-23 was presented and read by title only. Vice Mayor Bunker moved to adopt Ordinance 9638-23 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Aungst Sr., Vice Mayor Bunker, Councilmember Allbritton, Councilmember Beckman and Councilmember Teixeira 9.2 Adopt Ordinance 9639-23 on second reading, amending the Community Development Code to replace Chapter 54 in its entirety with a revised Chapter 54, creating a new Parks and Recreation impact fee system. Ordinance 9639-23 was presented and read by title only. Councilmember Teixeira moved to adopt Ordinance 9639-23 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Aungst Sr., Vice Mayor Bunker, Councilmember Allbritton, Councilmember Beckman and Councilmember Teixeira 9.3 Adopt Ordinance 9687-23 on second reading, amending the Operating Budget for the fiscal year ending September 30, 2023, to reflect increases and decreases in revenues and expenditures for the General Fund, Special Program Fund, Solid Waste and Recycling Fund, and Airpark Fund. Ordinance 9687-23 was presented and read by title only. Councilmember Allbritton moved to adopt Ordinance 9687-23 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Aungst Sr., Vice Mayor Bunker, Councilmember Allbritton, Councilmember Beckman and Councilmember Teixeira 9.4 Adopt Ordinance 9688-23 on second reading, amending the Capital Improvement Budget for the fiscal year ending September 30, 2023, to reflect an increase of Draft City Council Meeting Minutes July 20, 2023 Page 21 City of Clearwater $1,087,961. Ordinance 9688-23 was presented and read by title only. Councilmember Beckman moved to adopt Ordinance 9688-23 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Aungst Sr., Vice Mayor Bunker, Councilmember Allbritton, Councilmember Beckman and Councilmember Teixeira 10. City Manager Reports 10.1 Appoint an individual to the Parks and Recreation Advisory Board with a term to expire July 20, 2027. BOARD: Parks and Recreation Board TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Not Required RESIDENCY REQUIREMENT: City of Clearwater SPECIAL QUALIFICATIONS: None MEMBERS: 7 Chair: Patrick Raftery MEETING DATES: Quarterly (4th Tues.) - Jan., April, July, Oct. PLACE: Main Library - 6:30 p.m. APPTS. NEEDED: 1 THE FOLLOWING ADVISORY BOARD MEMBERS HAVE TERMS THAT EXPIRE AND NOW REQUIRE REPLACEMENT: 1. Lisa Tuttle - 2399 Old Coach Trail, 33765 Original Appointment: 6/3/2015 Completed 2nd term THE FOLLOWING NAMES ARE BEING CONSIDERED TO FILL THE VACANCY: 1. Angelica Lonesome - 2633 Seville Blvd Unit 307, 337645 - Self Employed, Property Manager 2. Patricia Dalton - 1499 Excaliber Drive, 33764 - Retired Teacher Zip codes of current members on board: 3 at 33755 2 at 33761 2 at 33765 There was council consensus to appoint Angelica Lonesome. Draft City Council Meeting Minutes July 20, 2023 Page 22 City of Clearwater Vice Mayor Bunker moved to appoint Angelica Lonesome to the Parks and Recreation Advisory Board with a term to expire July 20, 2027. The motion was duly seconded and carried unanimously. 11. City Attorney Reports 11.1 Formally recognize the Communications Workers of America, Local 3179, as the exclusive bargaining representative of the employees proposed for inclusion in the bargaining unit and adopt Resolution 23-10 The City of Clearwater (City) is a public employer within the meaning of Section 447.203(2), Florida Statutes. The Communications Workers of America, Local 3179 (CWA) is an employee organization within the meaning of Section 447.203(11), Florida Statutes, and is properly registered with the Public Employees Relations Commission (PERC). The CWA represents a bargaining unit of certain non-professional city employees which was originally certified in 1975. Since 1975, a substantial number of changes occurred to the bargaining unit. These changes included job title modifications, job description modifications, elimination of job classifications, and the addition of new classifications. None of these changes occurred at the same time and occurred at various points in time over the last 48 years. The City and CWA have negotiated and ratified more than 15 collective bargaining agreements (CBA) since 1975. In most of those CBAs, the included job classifications were specifically listed in an appendix of the CBA. Those job classifications in the appendix reflected the understanding between the City and CWA of the bargaining unit classifications during the term of that respective CBA. In 2022, the City and CWA filed a joint unit clarification petition with PERC to clarify the bargaining unit by updating job titles, removing classifications that were abolished, and adding new classifications that were created. In March 2023, PERC issued a final order and granted the request to update job titles and remove abolished classifications. However, PERC declined to add the new classifications under the unit clarification procedure due to the large number of employees to be added to the bargaining unit. In the final order, PERC stated that the City and CWA can add the new classifications by filing a recognition acknowledgement petition. Section 447.307(1), Florida Statutes, allows the public employer to formally recognize the employee organization as the exclusive bargaining representative of the employees proposed for inclusion in the bargaining unit. In May 2023, CWA requested that the City recognize the addition of the new classifications. The recognition acknowledgement petition requires Draft City Council Meeting Minutes July 20, 2023 Page 23 City of Clearwater documentation of the formal recognition process whereby the City recognizes the CWA as the exclusive bargaining representative of the employees proposed for inclusion in the bargaining unit. The adoption of this Resolution is needed to continue with the recognition acknowledgement process. Resolution 23-10 was presented and read by title only. Councilmember Teixeira moved to formally recognize the Communications Workers of America, Local 3179, as the exclusive bargaining representative of the employees proposed for inclusion in the bargaining unit and adopt Resolution 23-10. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Aungst Sr., Vice Mayor Bunker, Councilmember Allbritton, Councilmember Beckman and Councilmember Teixeira 11.2 Amend Section 2.263(1), Code of Ordinances, to increase the salaries of the mayor and councilmembers and pass Ordinance 9692-23 on first reading. City Council salaries have not been increased other than annual minimal adjustments since 2000.The current salaries are $32,990.62 for the mayor and $27,492.40 for councilmembers. The council would like to increase the salaries to $49,000 for the mayor and $45,000 for councilmembers. Section 2.04 of the City Charter provides that an ordinance increasing council salaries must be approved at least six months prior to an election, and the next city election is scheduled for March 19, 2024. APPROPRIATION CODE AND AMOUNT: Funds are available in cost code 0109100-510200, Part Time Salaries, to fund this increase. One individual said the proposed salary increase is not enough to get good candidates. Ordinance 9692-23 was presented and read by title only. Councilmember Allbritton moved to Amend Section 2.263(1), Code of Ordinances, to increase the salaries of the mayor and councilmembers and pass Ordinance 9692-23 on first reading. The motion was duly seconded and upon roll call, the motion carried with the following vote: Draft City Council Meeting Minutes July 20, 2023 Page 24 City of Clearwater Ayes: 3 - Mayor Aungst Sr., Councilmember Allbritton and Councilmember Teixeira Nays: 2 - Vice Mayor Bunker and Councilmember Beckman 12. Closing comments by Councilmembers (limited to 3 minutes) Councilmember Beckman welcomed Assistant City Manager Daniel Slaughter and thanked all staff who contributed to the grand reopening of Coachman Park. She said was incredibly proud of our employees. Vice Mayor Bunker said he enjoyed the Coachman Park grand opening events. It was incredible to see individuals enjoying themselves at the park. He said Moccasin Lake Nature Park is a wonderful place to visit; he supported an additional FTE to assist the one individual who runs the park. Councilmember Teixeira recalled the initial discussions held ten years ago regarding Coachman Park and downtown; many worked hard to make the grand reopening of Coachman Park a reality. She was overwhelmed with the individuals visiting and enjoying themselves at the park. Councilmember Allbritton welcomed Assistant City Manager Daniel Slaughter and thanked staff and all those who worked to make the dream of renovating Coachman Park a reality. 13. Closing Comments by Mayor Mayor Aungst, Sr. read an email he received from a individual who visited Coachman Park during the July 4th celebration and had a wonderful experience. He asked all to keep Marine Advisory board Member Wade Carlisle in their thoughts and prayers; Mr. Carlisle was admitted to Morton Plant and in critical condition. 14. Adjourn The meeting adjourned at 8:29 p.m. Mayor City of Clearwater Attest City Clerk Draft INDIVIDUAL SPEAKER Citizen Comment Card i Name: C7)-''"7 Address: ( 1 ei City Zip: 7d- 1 7c( 9TelephoneNumber: Email Address: ovt @ciKcu9. Speaking under citizens to be heard re items not on the agenda? Li -es Agenda item(s) to which you wish to speak. What is your position on the item? For Against Citizen Comment Card Name: i9t'I/vrtAD Address: k(-. 4 Zip: 3 3 7 &o e Telephone Num Email Addre Speaking under citizens to be heard re items not on the,agenda? Agenda item(s) to which you wish to speak. What is your position on the item? For Against INDIVIDUAL SPEAKER Name: Cipizen Comment Card 3,•IJ( Address: 6/1 S' A City: (1gG1 C(P ad f ` Zip: 3 37 Telephone Number: <I% 3 05-- Email Address: Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak: a ( cf317 OgariA)i, e fi What is your position on the item? For Against IIULI V IUVnL UI L/111L11 Citizen Comment Card Address: % %A -e.5 City:t/.f2V Zip: 346' 8 Telephone Number: 2/U r/Z 35i Email Address: eti! i ic[ L I? 5+ j 'tla( Co YI,'1 Speaking under citizens to be heard re items not on the agenda?A 64,77 A Agenda item(s) to which you wish to speak- /4/54/v.-1 1)i l7 /-'J,1?F7e. /314/K/-17, What is your position on the item? For 7 Against INDIVIDUAL SPEAKER I Name: Citizen Comment Card i% A°i iis' e(rD Address: Z A -a -e -- City: Mt -toile -6 zip: 3 3 7,c-6 Telephone Number: 70977 -0942 -FeW" Email Address: Ai( 46/6),5 0/02 ' g6)/Z7x/7 , axe 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: I M cf,7 (c/ Address:.// J •Fr• City: v/" 4,1,4 474 zip: 33 "9 -- Address: .(// i Telephone Number: 2 7 ) a 3 f2' Email Address: 1'14 e %%C,4+1" ` %%P" Speaking under citizens to b eard re items not on the agenda? Agenda items) to which you wish to speak. What is your position on the item? For Against INDIVIDUAL SPEAKER Citizen Comment Card Name: Address: 0-e /( Ali cHALEIS 5,5 54y if y 4Lb'® 4/- 7a City: c1iez 7tz- 6.4c/( Zip: 35 -7 Telephone Number: / / ' Zts/Y% ru4, C AP—, 5 i'de,:,•61, ee' Wy Email Address: Speaking under citizens to be heard re items not on the agenda?A Agenda item(s) to which you wish to speak. 1 P/j9 c- vr cLGA n.1,t) 4 7 .t- It91/0r 6 Cc i t Pao-) .i„kL .O'ny r rr,-/C- 1, rizAJ What is your position on the item? For Against INDIVIDUAL SPEAKER Citizen Comment Card Name: Address: ` \ Lue)(„ic2,5 47 ai .. .-"s3 Telephone C \Z Zip. Telephone Number: 1 1 Email Address: Se- ecerGS`,Rttr" Speaking under citizens to be heard re items not on the agenda? Age da item s) to which yo wis to speak. K"\ --c& 79G e tielt 4-TriA What is your position on the item? For Against INDIVIDUAL SPEAKER Citizen Comment Card Name: Address: sS w t1 , 7e`7 City: 0 ./e44- +4,1 Zip: 3374,7 Telephone Number:- Lk 4 (v- &307 Email Address: E C ¢.i s C I c a u. &(( , Speaking under citizens to be heard re items not on the agenda? c] Agenda item(s) to which you wish to speak: What is your position on the item? For Against 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. 7,/ What is your position on the item? For X Against Good evening, Mayor Aungst, City Council Members, City Staff (Welcome Former Chief Slaughter), I am Christine/Chris Michalek and I live on Clearwater Point at 855 Bayway Boulevard. Four years ago, I along with close to 150 Clearwater Point Members sat in this very room, armed with our petitions, prepared to testify and wearing these Preserve Clearwater Point t -shirts. At that hearing, the City Council voted 3-2 against us to grant Decade Properties Inc., Jeff Keieleber Owner, and Attomey/Agent Brian Aungst Jr., 27 units from the Density Pool Reserve leading to the construction of the Chart House in our peaceful, residential neighborhood of 465 families. As of today, the "shovel is not in the ground," since the Permit to build remains in review. We are especially grateful that in April, Ms. Poirrier, Mr. Delk and Ms. Clayton met with us to address 5 PRIORITY ISSUES (you have a copy) of Decade's Proposal, those not in compliance with Beach by Design or CDC directives. Thanks to them and other staff, some of our concems have been addressed. That said, the following non-compliance issues remain: Marina: Have we received an updated Marina Narrative that answers the question: Is the Marina a commercial enterprise or not? Decade Properties must have a pump -out station operating 24/7. (Section 3-603.F) However, pumping out is prohibited by the Development Agreement. Which is it? Fuel Containment: Adequate spill containment areas shall be provided on the property. (Section 3- 603.H) Decade Properties doesn't plan to comply with this Code. How is this possible? Fire Regulations: Has the Fire Department addressed the required Class 1 Standpipe? Seawall: Why are we accepting an incomplete explanation for repair of the "antiquated" seawall? As well, the seawall requires a filter system. Do the engineering plans refer to a filter system? Parking: Where is the Parking Garage within 1000 feet of the proposed hotel to comply with Section 2-803.K.6.b. Hurricane Evacuation Plan: Have we received a Hurricane Evacuation Plan? Beach by Design Non -Compliance Entrance: Where is the "aesthetically inviting and easily identified" entrance? Lobby Access: The East elevator does not pass through the lobby and is located approximately 200 feet away from the lobby. How does this meet: "Access to ovemight accommodations must go through a lobby." Pinellas County Non -Compliance FLUM: How have we reconciled the Pinellas County's Future Land Use Map (FLUM) Section 1-108 which dictates that "hotels are not applicable in a HDR (High Density Residential) area" i.e., the majority of Clearwater Point. Section 1-108.A states: "Development potential is based on the applicable zoning district and as permitted by the Countywide Future Land Use Plan Designation. In cases where there is a difference between the density permitted in the zoning district and that which is permitted by the land use classification, the more restrictive shall prevail. Each of these issues has been forwarded to staff. In addition, since City staff have provided us with the most recently submitted Decade architectural plans. THANK YOU. Today, I personally delivered a Summary Update of questionable notations of their drawings of July 7th, 2023. Again, "the shovel is not in the ground." Thank you for listening. \\ TRANSFER OF DEVELOPMENT RIGHTS (TDRs) FIRE REGULATIONS 27 ROOMS - NOT SUITES, NOT DWELLING UNITS FLORIDA COASTAL CONSTRUCTION: SETBACK, SEAWALL, DAMAGE TO NEIGHBORS DECADE PROPERTIES INC., SHOULD NOT BE GRANTED A BUILDING PERMIT Decade Properties, Inc., - Owner: Jeff Keierleber - Attorney/Agent: Brian Aungst, Jr. August 19, 2022 — Decade Building Permit Application Submission Case # BCP2022-080686 NON-COMPLIANCE ISSUE' CLEARWATER DEVELOPMENT SECTION 8-101 E the words shall, must, and will are mandatory implying an obligation or duty to comply with the particular provision. BEACH BY DESIGN STRATEGIC REVITALIZATION AND RENOVATION DISTRICT CLEARLY DEFINED AND AESTHETIC ENTRANCE ACCESS TO OVERNIGHT ACCOMODATIONS PROVIDED THROUGH LOBBY WALLING OFF" GULF OF MEXICO INFRASTRUCTURE - SUBMISSION OF CONCURRENCY AGREEMENT OFF STREET PARKING NUMBER OF CURB CUTS MARINA SERVICES HURRICANE DEVELOPMENT PLAN ENVIRONMENTAL IMPACT Meeting of April 24, 2023 Jennifer Poirrier, Clearwater City Manager, Michael Delk, Clearwater Assistant City Manager Clearwater Point Concerned Citizens Richard DeSantis: Manna House, Chris & Rudy Michalek: Commodore House, Susan Watt: Yacht House 1 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-0806 Agenda Date: 8/3/2023 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 7.1 SUBJECT/RECOMMENDATION: Authorize a Guaranteed Maximum Price proposal to Khors Construction Inc., of Pinellas Park, FL for the restoration of the Ream Wilson Trail pedestrian bridge located over McMullen Booth Road, in the amount of $1,119,595.70 pursuant to RFQ 40-20, Construction Manager at Risk (CMAR) Services for Continuing contracts and authorize the appropriate officials to execute same. (consent) SUMMARY: On September 17, 2020, the Council approved the use of thirteen firms to serve as construction managers for the City under RFQ 40-20, and Khors Construction Inc., was selected as one of the approved firms. The Ream Wilson Trail runs east and west from the Long Center to Coopers Bayou Park, passes through nine city parks, and is a major trail connection to Safety Harbor, Clearwater Beach, and Tampa. The trail was constructed over 20 years and was completed when the pedestrian bridge over McMullen Booth Road was installed in 2005. Periodic structural inspections are conducted to determine the safety of the bridge and to recommend any repairs that are needed. During the last inspection Engineer of Record Biller Reinhart recommended a list of repairs and renovations needed to prolong the life of the bridge. This proposal is for all work needed for the project, which includes replacement of the chain link fence cage, cleaning and recoating the bridge structure, repairing concrete spalling, replacement of expansion joints, removing rust, cleaning and recoating the railing on the bridge approaches, pressure washing and sealing the concrete structure and steps leading to the bridge structure, and providing the necessary Maintenance of Traffic during the project. This is a 180-day contract and will be completed by February 2024. During construction users of the trail will be detoured though Del Oro Park to Drew Street and connect back up to the trail at EC Moore fields 5-6. APPROPRIATION CODE AND AMOUNT: Funding is available in Capital improvement project 93272, Bicycle Paths and Bridges in the amount of $769,382.89, as well as ENRD180002-CONS-CNSTRC in the amount of $350,212.81. Page 1 City of Clearwater Printed on 8/1/2023 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-0845 Agenda Date: 8/3/2023 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Police Department Agenda Number: 7.2 SUBJECT/RECOMMENDATION: Approve an agreement between the City of Clearwater and the School Board of Pinellas County, Florida providing for the continuation of the School Resource Officer program at Clearwater High School, Countryside High School, Oak Grove Middle School, and Clearwater Fundamental for a three-year period, commencing July 1, 2023 through June 30, 2026, and authorize the appropriate officials to execute same. (consent) SUMMARY: The School Board of Pinellas County (PCSB) and the City of Clearwater began a contractual agreement for the School Resource Officer program in 2018 for the city to provide law enforcement and related services to Clearwater High School (2 officers), Countryside High School (2 officers), Oak Grove Middle School (1 officer) and Clearwater Fundamental (1 officer) during the regular school years. The assigned officers provide site security, instruction in law education, serve as resource persons, conduct investigations, maintain the peace, make arrests if necessary and provide support services as needed. The annual cost of salaries and benefits of six officers over a one-year period is estimated to be $651,028.00. Total annual reimbursement from the School Board will be $68,251.20 for each of the six SROs assigned to the schools identified in Article 1A herein for a total sum payable annually under this Agreement of $409,507.20. Additional funding needed $241,520.80 will be provided by a transfer of General Fund revenues budgeted in the Police Department in the fiscal year 2023/24 operating budget. School Resource Officers have been assigned to Clearwater High School since January 1, 1985, Countryside High School since January 1, 1986, Oak Grove Middle School since August 27, 2007, and Clearwater Fundamental since July 1, 2018. APPROPRIATION CODE AND AMOUNT: A third quarter budget amendment will increase special program P1801, School Resource Officers by $409,507.20 in local governmental revenues to recognize PCSB’s portion of funding. The remaining balance needed to fund this agreement ($241,520.80) will be available on October 1, 2023, representing General Fund revenues transferred from the Police Department to special program P1801, School Resource Officers. Future years of this agreement will require a budget amendment annually to recognize Page 1 City of Clearwater Printed on 8/1/2023 File Number: ID#23-0845 revenues from PCSB. Additional funding needed to support this program will be included in the Police Department’s annual budget request. Page 2 City of Clearwater Printed on 8/1/2023 Estimated Budget Salaries 497,619.00$ Benefits 153,409.00 Total:651,028.00$ Funding Sources PCSB Contribution - $68,251.20/officer PCSB - 6 Officers 409,507.20$ CPD Contribution 241,520.80 Total:651,028.00$ SRO Budget 2023/24 School Year Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-0860 Agenda Date: 8/3/2023 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Police Department Agenda Number: 7.3 SUBJECT/RECOMMENDATION: Approve an agreement between the City of Clearwater and Countryside Christian Academy and Preschool of Pinellas County, Florida providing for the implementation of the Police Safety Officer program for a five-year period, commencing August 1, 2023 through June 2, 2028, and authorize the appropriate officials to execute same. (consent) SUMMARY: Earlier this year, Countryside Christian Academy and Preschool requested the public safety services of the Clearwater Police Department on their campus to accomplish the goal of providing adequate safety and security for their students, faculty, and staff during the school year. The Clearwater Police Department shares in the goal of providing safety and security for all citizens that live, work, and play in the City and requests approval to enter an agreement with Countryside Christian Academy and Preschool to assign one Police Safety Officer to the school for the mutual benefit of the school and the City. The assigned officer will provide site security, instruction in law education, will serve as a resource, conduct investigations, maintain the peace, make arrests if necessary and provide support services as needed. To accomplish this request, the Police Department seeks approval for the following: ·Increase FTEs by 0.8 to hire a permanent part-time officer. ·Purchase a vehicle and all related equipment necessary to outfit the vehicle. ·Purchase equipment necessary to outfit the additional personnel. The annual cost of $129,958.41 for one assigned officer encompasses salary, benefits, equipment, vehicle, supervision, relief expenses, and hiring expenses. The entire sum of the annual related costs will be paid by Countryside Christian Academy and Preschool. A new special program (P2302, SRO - Countryside Christian) will be created to account for all revenues and expenditures related to this agreement. APPROPRIATION CODE AND AMOUNT: A third quarter budget amendment will establish special program P2302, SRO - Countryside Christian, and record a budget increase of $129,960.00 in reimbursement revenue to account for revenues and expenditures related to this agreement. Page 1 City of Clearwater Printed on 8/1/2023 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-0731 Agenda Date: 8/3/2023 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.4 SUBJECT/RECOMMENDATION: Approve a professional service agreement and work order with Wannemacher Jensen Architects (WJA) Inc., of St. Petersburg, FL, for The Long Center Pool Renovation 21-0026-PR in the amount of $203,951, pursuant to Request for Qualifications (RFQ) 08-23, and authorize the appropriate officials to execute same. (consent) SUMMARY: The Long Center was issued a certificate of occupancy in 1990 and was operated by the Long Center Foundation until the city took ownership and the responsibility for its operation in 2003. The Long Center is unique in that it is one the few indoor climate controlled competitive Olympic sized pool and therapy pool in Florida. The natatorium’s original heating ventilation and air conditioning (HVAC) system was unable to adequately handle the latent and sensible heat load caused by the indoor pool environment and the natatorium’s hollow structural steel (HSS) and non-insulated glass wall building envelop. In 2009, the pool’s HVAC system was revised to include a new central Dectron dehumidifier with the hope of better controlling the natatorium’s humidity levels and thus providing improved cooling for the facility. Concerns continued about the high humidity and air quality in the natatorium so in 2018, the City commissioned an independent study of the condition and operation of the natatorium. The report identified several issues to reduce the high humidity, improve air quality, repair structural damage, and continue to provide a safe environmentally controlled environment for public use. To address these issues, a more extensive investigation and major renovation of the entire natatorium is necessary. October 2021, isolated areas of significant natatorium interior HSS frame corrosion were identified by staff who then employed Engineer of Record, McKim & Creed, to inspect the readily accessible vertical framing and specify required repairs for $50,767. July 2022, Construction Manager at Risk, Biltmore Construction, was contracted to make four HSS frame node repairs as recommended by the EOR for $31,745. Further frame investigation and repairs will need to be made during the natatorium renovation when the glass wall system is removed. November 2022, City published RFQ 08-23, “Design Services “Clearwater Long Center Renovations.” February 2023, the RFQ Selection Committee, consisting of representatives from Parks & Recreation, Building & Maintenance and Public Work departments, selected WJA based on a similar indoor pool project they completed in Florida. Page 1 City of Clearwater Printed on 8/1/2023 File Number: ID#23-0731 City Council requested that two schematic design options be considered. The first option maintains the current glass windows surrounding the structure and the second option modifies the structure creating a new design incorporating walls and natural lighting. Estimated cost for the entire renovation project is $14 million. The Parks and Recreation Department recommends the next step in this renovation project, for WJA to prepare these two schematic level design options for Council review. The Parks and Recreation Department will later seek approval for a future supplemental work order to progress the chosen design option through to 100% construction documents. APPROPRIATION CODE AND AMOUNT: 3157572-530100-C2202 $203,951 Funds are available in capital improvement project C2202, Long Center Major Renovation, to fund this work order. Page 2 City of Clearwater Printed on 8/1/2023 1 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN CITY OF CLEARWATER AND WANNEMACHER JENSEN ARCHITECTS, INC. RFQ #08-23 LONG CENTER RENOVATION This AGREEMENT is made and entered into on the _____ day of 2023 by and between the City of Clearwater, Florida (CITY) and Wannemacher Jensen Architects, Inc. (CONSULTANT). WITNESSETH: WHEREAS, the CITY desires to engage the CONSULTANT to perform certain professional services pertinent to such work in accordance with this Agreement; and WHEREAS, the CONSULTANT desires to provide such professional services in accordance with this Agreement; and WHEREAS, in accordance with the competitive selection process described in Section 287.055 of the Florida Statutes, the CITY selected the CONSULTANT based on Request For Qualifications (“RFQ”) #08-23 and responses by the CONSULTANT to RFQ #08-23. NOW, THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration, the Parties agree that the above terms, recitals, and representations are true and accurate and are incorporated herein by reference, and the Parties further agree as follows: 1.0 GENERAL SCOPE OF THIS AGREEMENT The relationship of the CONSULTANT to the CITY will be that of a professional consultant, and the CONSULTANT will provide the professional and technical services required under this Agreement in accordance with acceptable engineering practices, by exercising the skill and ability ordinarily required of engineers performing the same or similar services, under the same or similar circumstances, in the State of Florida, and ethical standards. 2.0 PROFESSIONAL TECHNICAL SERVICES 2.1 It shall be the responsibility of the CONSULTANT to work with and for the CITY to perform an array of services for the City as set forth in RFQ #08-23, Scope of Services. 2.2 The CONSULTANT’S services under this Agreement will be provided under a project specific Work Order(s). Each Work Order will include the services for a single project, phase, task or assignment, and will contain a mutually agreed-upon detailed scope of services, project goals, fee and schedule of performance in accordance with applicable fiscal and budgetary constraints. Work Orders will be incorporated by reference and attached hereto this Agreement. 2 Total compensation for all services shall not exceed $203,951.00 authorized by the City Council. See Work Order attached hereto as Exhibit A. unless specifically 2.3 The CONSULTANT shall maintain an adequate and competent staff of professionally qualified personnel available to the CITY for the purpose of rendering the required engineering and/or consultant services hereunder and shall diligently execute the work to meet the completion time established in the Work Orders. The CONSULTANT shall notify the CITY by U.S. Mail addressed to the City Engineer of any changes in company contact information, including but not limited to contact phone, address, project manager, email addresses, etc. 2.4 The CITY reserves the right to enter into contracts with other engineering and/or architect firms for similar services. The CONSULTANT will, when directed to do so by the CITY, coordinate and work with other engineering and/or architectural firms retained by the CITY. 2.5 The CITY reserves the right to remove any and all projects, phases, tasks, or assignments related to this Agreement. The CITY further reserves the right to enter into contracts with other engineering firms for services related to such projects, phases, tasks, or assignments. The CONSULTANT will, when directed to do so by the CITY, coordinate and work with other firms retained by the CITY. 3.0 PERIOD OF SERVICES 3.1 The CONSULTANT shall begin work promptly after receipt of a fully executed Work Order. Receipt of a fully executed Work Order shall constitute written notice to proceed. 3.2 If the CONSULTANT’S services are delayed for reasons beyond the CONSULTANT’S control, the time of performance shall be adjusted as appropriate. 3.3 It is the intent of the parties hereto that this Agreement continue in force for a period not to exceed to 5 years, subject to the provisions for termination contained herein. Assignments that are in progress at the Termination Date shall be completed by the CONSULTANT unless specifically terminated by the CITY. Should the CONSULTANT be in the progress 3 3.4 of completing work under this Agreement at the Termination Date, this Agreement shall continue with all terms, conditions and obligations being in full force and effect until such time as the work is completed. All provisions expressly intended to survive termination shall do so. 4.0 PROFESSIONAL SERVICES/CONSULTANT’S COMPETITIVE NEGOTIATION ACT (CCNA) Professional Services provided under this Agreement are within the scope of the practice of architecture, landscape architecture, professional engineering, or registered land 4 surveying and mapping, as defined by the laws of the State of Florida. Provisions of F.S. 287.055 apply. 5.0 GENERAL CONSIDERATIONS 5.1 All documents including field books, drawings, specifications, calculations, geotechnical investigation reports, etc., used in the preparation of the work shall be supplied by the CONSULTANT and shall become the property of the CITY. The CITY acknowledges that such documents are not intended or represented to be suitable for use by the CITY or others for purposes other than those for which the documents are prepared. Any reuse of these documents without written verification or adaptation by the CONSULTANT for the specific purpose intended will be at the CITY’s sole risk without liability or legal exposure to the CONSULTANT. 5.2 The CONSULTANT shall prepare preliminary construction cost estimates with each design submittal to verify the proposed design is within the City project budgets. The CONSULTANT shall prepare a final estimate of probable construction costs, following CITY approval of the bid documents and other pre-bid activities. The CITY hereby acknowledges that estimates of probable construction costs cannot be guaranteed, and such estimates are not to be construed as a promise that designed facilities will not exceed a cost limitation. 5.3 The CONSULTANT will provide expert witnesses, if required, to testify in connection with any suit at law. A supplemental agreement will be negotiated between the CITY and the CONSULTANT describing the services desired and providing a basis for compensation to the CONSULTANT. 5.4 Upon the CONSULTANT’S written request, the CITY will furnish or cause to be furnished such reports, studies, instruments, documents, and other information as the CONSULTANT and CITY mutually deem necessary. 5.5 The CITY and the CONSULTANT each bind themselves and their successors, legal representatives, and assigns to the other party to this Agreement and to the partners, successors, legal representatives and assigns of each other party, in respect to all covenants of this Agreement; and, neither the CITY nor the CONSULTANT will assign or transfer its interest in this Agreement without written consent of the other. 5.6 To the fullest extent permitted by law, the CONSULTANT agrees to indemnify and hold harmless the CITY, and its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys’ fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the CONSULTANT and other persons employed or utilized by the CONSULTANT in the performance of this CONSULTANT under this AGREEMENT. Notwithstanding any provision herein to the contrary, this paragraph shall not be construed as a waiver of any immunity to which CITY is entitled or the extent of any limitation of liability pursuant to § 768.28, Florida Statutes. Furthermore, this provision is not intended to nor shall it be interpreted as limiting or in any way affecting any defense CITY may have under § 768.28, Florida Statutes or as 5 consent to be sued by third parties. The obligations under this paragraph shall expressly survive termination or expiration of this Agreement. 5.7 The CONSULTANT agrees not to engage the services of any person or persons in the employ of the CITY to an allied capacity, on either a full or part-time basis, on the date of the signing of this Agreement, or during its term. 5.8 Key personnel assigned to CITY projects by the CONSULTANT shall not be removed from the projects until alternate personnel acceptable to the CITY are approved in writing by the CITY. Key personnel are identified as: Project Manager and technical experts. 5.9 The CONSULTANT shall attach a brief status report on the projects with each request for payment. 5.10 Unless otherwise required by law or judicial order, the CONSULTANT agrees that it shall make no statements, press releases or other public communication concerning this Agreement or its subject matter or otherwise disclose or permit to be disclosed any of the data, technical processes, business affairs or other information obtained or furnished in the conduct of work under this Agreement without first notifying the CITY and securing its consent in writing. The CONSULTANT also agrees that it shall not publish copyright or patent any of the site-specific data or reports furnished for or resulting from work under this Agreement. This does not include materials previously or concurrently developed by the CONSULTANT for “In House” use. Only data and reports generated by the CONSULTANT under this Agreement shall be the property of the CITY. 5.11 Public Records. The CONSULTANT will be required to comply with Section 119.0701, Florida Statutes, as may be amended from time to time, specifically to: IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: 727-562-4092, Rosemarie.Call@myclearwater.com, 600 Cleveland Street, Suite 600, Clearwater, FL 33755. CONSULTANT shall comply with the following: 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. 6 c) Ensure that the public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. e) A request to inspect or copy public records relating to a public agency’s contract for services must be made directly to the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the contractor of the request and the contractor must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time. f) The contractor hereby acknowledges and agrees that if the contractor does not comply with the public agency’s request for records, the public agency shall enforce the contract provisions in accordance with the contract. g) A contractor who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. h) If a civil action is filed against a contractor to compel production of public records relating to a public agency’s contract for services, the court shall assess and award against the contractor the reasonable costs of enforcement, including reasonable attorney fees, if: 1. The court determines that the contractor unlawfully refused to comply with the public records request within a reasonable time; and 2. At least 8 business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the contractor has not complied with the request, to the public agency and to the contractor. Vv2015.mm i) A notice complies with subparagraph (h)2. if it is sent to the public agency’s custodian of public records and to the contractor at the contractor’s address listed on its contract with the public agency or to the contractor’s registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. A contractor who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. 6.0 COMPENSATION 6.1 The CONSULTANT shall be compensated for services rendered under this Agreement in accordance with the provisions of each Work Order, upon presentation of CONSULTANT’S invoice and as provided in this Agreement. 6.2 Compensation for services shall be invoiced by the CONSULTANT and paid by the CITY in accordance with the Florida Local Government Prompt Payment Act, § 218.70, Florida Statutes. 6.3 The CONSULTANT agrees to allow full and open inspection of payroll records and expenditures in connection with hourly rate and cost-plus fixed fee work assignments upon request of the CITY. 7.0 PROHIBITION AGAINST CONTINGENT FEES The CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working for the CONSULTANT any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement. 8.0 TERMINATION FOR CAUSE This Agreement may be terminated by either party with seven (7) days prior written notice, in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If this Agreement is terminated, the CONSULTANT shall be paid in accordance with the provisions of outstanding Work Orders for all work performed up to the date of termination. 9.0 SUSPENSION, CANCELLATION, OR ABANDONMENT If the project described in any Work Order is suspended, canceled, or abandoned by the CITY, without affecting any other Work Order or this Agreement, the CONSULTANT shall be given five (5) days prior written notice of such action and shall be compensated Vv2015.mm for professional services provided up to the date of suspension, cancellation, or abandonment. 10.0 GOVERNING LAW This Agreement shall be administered and interpreted under the laws of the State of Florida. The exclusive venue for any proceeding or suit in law or equity arising from or incident to this Agreement will be in Pinellas County Florida. 11.0 TERMINATION FOR CONVENIENCE Either the CITY or the CONSULTANT may terminate the Agreement at any time by giving written notice to the other of such termination and specifying the effective date of such termination at least thirty (30) days before said termination date. If the Agreement is terminated by the CITY as provided herein, the CONSULTANT will be paid for services rendered through the date of termination. 12.0 PUBLIC ENTITY CRIMES Pursuant to Florida Statute § 287.132-133, the City of Clearwater, as a public entity, may not accept any proposal from, award any contract to, or transact any business in excess of the threshold amount provided in § 287.017, F.S., for Category Two (currently $35,000) with any person or affiliate on the convicted vendor list for a period of 36 months from the date that person or affiliate was placed on the convicted vendor list unless that person of affiliate has been removed from the list pursuant to § 287.133 (3)(f), F.S. By submitting a proposal, CONSULTANT is certifying that Florida Statute 287.132 and 287.133 does not restrict submission. 13.0 SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS The CONSULTANT will be required to comply with Section 287.135, Florida Statues, specifically by executing the forms provided (attached). 14.0 RFQ #08-23, TERMS AND CONDITIONS All terms and conditions as set forth in RFQ #08-23, Terms of Conditions are incorporated by reference and hereto attached as Exhibit C. 15.0 ORDER OF PRECEDENCE Any inconsistency in documents relating to this Agreement shall be resolved by giving precedence in the following order: (i) this Agreement and subsequent Amendments; (ii) RFQ #08-23, Terms and Conditions; and (iii) Work Orders. 16.0 INSURANCE REQUIREMENTS Insurance Requirements are set forth in Exhibit B, which is incorporated by reference and attached hereto. Vv2015.mm 17.0 TERMINATION FOR LACK OF FUNDING The CITY’S performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Clearwater City Council. In the event the Clearwater City Council does not appropriate funds for CITY to perform its obligations hereunder, CITY may terminate this Agreement upon thirty (30) days written notice to CONSULTANT. 18.0 E-VERIFY CONSULTANT and its Subcontractors shall register with and use the E-Verify system to verify the work authorization status of all newly hired employees. CONSULTANT will not enter into a contract with any Subcontractor unless each party to the contract registers with and uses the E-Verify system. Subcontractor must provide CONSULTANT with an affidavit stating that Subcontractor does not employ, contract with, or subcontract with an unauthorized alien. CONSULTANT shall maintain a copy of such affidavit. The CITY may terminate this Agreement on the good faith belief that CONSULTANT or its Subcontractors knowingly violated Florida Statutes 448.09(1) or 448.095(2)(c). If this Agreement is terminated pursuant to Florida Statute 448.095(2)(c), CONSULTANT may not be awarded a public contract for at least 1 year after the date of which this Agreement was terminated. CONSULTANT is liable for any additional costs incurred by the CITY as a result of the termination of this Agreement. See Section 448.095, Florida Statutes (2020). [Remainder of Page Intentionally Left Blank] IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the date and year first above written. ( ) By: Print Name: Title: WITNESS: By: Print Name: Countersigned: CITY OF CLEARWATER Brian J. Aungst Sr. Jennifer Poirrier Mayor City Manager Approved as to form: Attest: Jerrod Simpson Rosemarie Call Senior Assistant City Attorney City Clerk      Wannemacher Jensen Architects, Inc.  City of Clearwater  Consultant Work Order Page 1 of 6 Revised: 11/28/2022  CONSULTANT WORK ORDER   Date: 5/12/2023  1. PROJECT INFORMATION: Project Title: Design Services – Clearwater Long Center  Renovations  City Project Number: 21‐0026‐PR  City Plan Set Number: 2022008  Consultant Project Number: 2317  2. SCOPE OF SERVICES: Provide life cycle cost analysis for two design options on renovating The Long Center Natatorium. The  design options are described as follows:  Option one, renovate the natatorium “in kind” meaning keep the existing fenestration as is but upgrade  it with newer technology i.e., Thermally broken curtain wall or storefront system and insulating glazing.  Perform NDE testing (non‐destructive evaluation) on the existing structure to determine the exact amount  of structural repair that’s required for the main structural system and provide a report outlining the  findings of the NDE testing. Provide recommendations for a new mechanical system. Specify a new single  ply roof system and demonstrate the number of PV panels the roof area can accommodate. Specify a new  pool deck coating for the natatorium.   Option two, reduce the amount of fenestration in natatorium by 50% or more. Provide design options  that illustrate how the reduction of fenestration occurs, to be approved by the owner. NDE testing and  report as mentioned in option 1. Schematic level structural design to support new envelop components  used to reduce the fenestration of the building. This is assumed as structural reinforcing for anchoring or  fastening a new wall system to the existing structure. Provide recommendations for a new mechanical  system and its associated components. Specify a new single ply roof system and demonstrate the number  of PV panels the roof area can accommodate. Specify a new pool deck coating for the natatorium.   In addition to the tasks mentioned in design option 2, WJ will also provide a design option that considers  enclosing the sun deck area on the west side of the building and incorporate it into the natatorium space.  This work will be identified as a separate line item in our cost estimate to the city.   Both design options one and two include recommendations for repairing/upgrading and replacing the  existing pool equipment as a separate item available to both design options.     “The design plans shall be compiled using the City of Clearwater CAD standards, as  attached.”  CONSULTANT WORK ORDER  Design Services – Clearwater Long Center Renovations  Wannemacher Jensen Architects 21‐0026‐PR City of Clearwater  Consultant Work Order Page 2 of 6 Revised: 11/28/2022  I. PRE-DESIGN PHASE: Task 1.1: Existing Conditions Modeling & Assessment  This task includes modeling the existing natatorium in 3D software. Assess the  existing space and structure with the intent to gain an understanding of how to  modify the space.   II. DESIGN PHASE: Task 2.1: Design Options & Product specifications  This phase includes the following task:  1. Preliminary product selection for option 1 Including:  a. Fenestration System  b. Roof system  c. HVAC system  d. PV roof panels   2. Provide schematic level design concept for option 2  3. Schematic level rendering of design option 2.  4. Preliminary product selection for design option 2 including:  a. New building envelope assembly  b. Fenestration system  c. HVAC system  d. Roof system  e. PV roof panels  5. Schematic level documents necessary to illustrate design intent of design  option two including:  a. Floor Plans  b. Elevations  c. Roof plans  d. Typical wall sections  e. Typical Roof system installation detail  f. Mechanical design   g. Structural improvements associated with Design option two.  h. Conceptual layout for photovoltaic panels.  6. Coordinate and attend up to 2 progress meeting on site and up to four  online meetings.   7. Provide recommendations for pool equipment replacement options &  upgrades.  8. Submit to owner for approval.         CONSULTANT WORK ORDER  Design Services – Clearwater Long Center Renovations  Wannemacher Jensen Architects 21‐0026‐PR City of Clearwater  Consultant Work Order Page 3 of 6 Revised: 11/28/2022  Task 2.2: Analysis & Cost Estimating  In this task the design team will perform studies on how each design option  performs from an energy and longevity perspective. We will look at how  photovoltaic panels impact the energy performance of the space.  Our consultants will perform a detailed cost estimate for each option to  help identify the financial burden of each design option. During this phase we  will attend up to two on‐site meetings and up to four online meetings to  complete the associated task. Upon completion of this phase, we will provide the  owner with our drawings and documents outlining the results of our analysis for  reference.     Task 2.3: NDE Testing & Report.  In this task the Architect’s consultant will perform nondestructive evaluation  testing of existing building structure and provide a report outlining the condition  of the existing structural steel of the natatorium and the extent of repair required.     3. PROJECT GOALS: The goals for this project are as follows:  1. To provide an apples‐to‐apples comparison on two renovation options for the  natatorium.   2. To illustrate the performance of the building under each design option from an  energy consumption and longevity standpoint.  3. To provide a conceptual design option that can be further developed as the new  image of the Long Center Natatorium.   4. To identify the existing condition of the structural steel envelope in the  natatorium and how to repair it.   5. To provide schematic level cost estimates for each design option that identify  the order of financial magnitude for each design.   6. To provide design upgrades and/or replacement options for the existing pool  equipment.  7. To provide a recommendation on upgrading/replacing the existing mechanical  system.  4. FEES: See Attachment “A”  This price includes all labor and expenses anticipated to be incurred by Wannemacher  Jensen Architects for the completion of these task in accordance with the Professional  CONSULTANT WORK ORDER  Design Services – Clearwater Long Center Renovations  Wannemacher Jensen Architects 21‐0026‐PR City of Clearwater  Consultant Work Order Page 4 of 6 Revised: 11/28/2022  Services Method “B” – Lump Sum – Percentage of Completion by Task, for a fee not to  exceed Two Hundred Three Thousand Nine Hundred and Fifty‐One Dollars ($203,951).    No permit costs are anticipated to be required under this Work Order    5. SCHEDULE: The project is to be completed in 5 months (150 days) from issuance of notice‐to‐ proceed. The project deliverables are to be phased as follows:  Design Options & Specifications: [60] calendar days  Analysis & Cost Estimate: [30] calendar days  NDE Testing & Report: [120] calendar days  6. STAFF ASSIGNMENT: Wannemacher Jensen Architects  Sarah Lyons, AIA, LEED AP BD+C – Studio Director  Chris Dunn, RA – Project Manager  Arturo Lopez, AIA – Project Architect   Gericke Nel, AAIA – Architectural Associate  7. CORRESPONDENCE/REPORTING PROCEDURES: Consultant’s project correspondence shall be directed to:   Wannemacher Jensen Architects  Chris Dunn, RA – Project manager   Arturo Lopez, AIA ‐ Project Architect  All City project correspondence shall be directed to:  Dept. of Public Works  Jeff Walker, P.E., CBO, LEED AP, PMP – Sr. Professional Engineer  Mike Lockwood, Assistant Director, Parks and Recreation Dept.  Art Kader, Interim Director, Parks and Recreation Dept.   8. INVOICING/FUNDING PROCEDURES: City Invoicing Code: _3157572‐530100‐C2202  For work performed, invoices shall be submitted monthly to:  CONSULTANT WORK ORDER  Design Services – Clearwater Long Center Renovations  Wannemacher Jensen Architects 21‐0026‐PR City of Clearwater  Consultant Work Order Page 5 of 6 Revised: 11/28/2022  ATTENTION: JAMIE GAUBATZ, SR ACCOUNTANT  CITY OF CLEARWATER, PUBLIC WORKS DEPARTMENT/ENGINEERING  PO BOX 4748  CLEARWATER, FLORIDA 33758‐4748  Contingency services will be billed as incurred only after written authorization provided  by the City to proceed with those services.  9. INVOICING PROCEDURES: At a minimum, in addition to the invoice amount(s) the following information shall be  provided on all invoices submitted on the Work Order:  1. Purchase Order, Project and Invoice Numbers and Contract Amount.  2. The time period (begin and end date) covered by the invoice.  3. A short narrative summary of activities completed in the time period.  4. Contract billing method – Lump Sum or Hourly Rate.  5. 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).  6. If Hourly Rate, hours, hourly rates, names of individuals being billed, amount  due, previous amount earned, the percent completion, 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).  7. If the Work Order is funded by multiple funding codes, an itemization of tasks  and invoice amounts by funding code.  10. CONSIDERATIONS: Consultant acknowledges the following:  1. The Consultant named above is required to comply with Section 119.0701,  Florida Statutes, where applicable.  2. All City directives shall be provided by the City Project Manager.  3. “Alternate equals” shall not be approved until City Project Manager agrees.  4. All submittals must be accompanied by evidence each has been internally  checked for QA/QC before providing to City.  5. Consultants/Contractors are not permitted to use City‐owned equipment (i.e.  sampling equipment, etc.).  6. Documents posted on City website must ADA accessible.  11. ADDITIONAL CONSIDERATIONS: All work orders should include considerations for the following:  1. Sea Level Rise and Flood Resilience, as applicable.  CONSULTANT WORK ORDER  Design Services – Clearwater Long Center Renovations  Wannemacher Jensen Architects 21‐0026‐PR City of Clearwater  Consultant Work Order Page 6 of 6 Revised: 11/28/2022  2. Submittal of a Critical Path Method (CPM) Schedule(s).  3. Submittal of a Project Catalog with the following items, as appropriate:  a. Data requests, assumptions, critical correspondence, meeting agenda,  sign‐in sheets, meeting minutes, document comment‐response log(s),  technical memorandum/reports, addenda, progress reports, regulatory  correspondence, and other project‐related documents.  b. At the conclusion of the project, ENGINEER will combine this information  into a Project Catalog and submit to the City for review and comment.  12. SPECIAL CONSIDERATIONS: The City will need to provide access to Architect and its consultants as needed.  Specifically, the natatorium will need to be accessible and clear of all people for the NDE  testing and equipment.    13. SIGNATURES: PREPARED BY:  APPROVED BY:         Jason Jensen  Tara Kivett, P.E.  President  City Engineer  Wannemacher Jensen Architects  City of Clearwater       Date  Date    5/24/2023  ATTACHMENT “A”   CONSULTANT WORK ORDER – PROJECT FEES TABLE  Design Services – Clearwater Long Center Renovations  Wannemacher Jensen Architects 21‐0026‐PR City of Clearwater  Consultant Work Order – Project Fees Table Page 1 of 1 Revised: 11/28/2022  CONSULTANT WORK ORDER PROJECT FEES TABLE  Task Description Subconsultant  Services  Labor Total  1.0 Pre‐Design  1.1 Existing Condition Modeling &  Assessment  $6,732 $18,630 $25,362  Pre‐Design Total: $25,362  2.0 Design  2.1 Design Options & Product  Specifications  $32,037 $42,561 $74,598  2.2 Analysis & Cost Estimating $16,088 $20,660 $36,748  2.3 NDE Testing & Report $64,493 $2,750 $67,243  Design Total: $178,589     GRAND TOTAL: $203,951   ATTACHMENT “B”    CONSULTANT WORK ORDER – CITY DELIVERABLES   Design Services – Clearwater Long Center Renovations  Wannemacher Jensen Architects 21‐0026‐PR City of Clearwater  Consultant Work Order – City Deliverables Page 1 of 1 Revised: 11/28/2022  CONSULTANT WORK ORDER CITY DELIVERABLES  1. FORMAT: The design plans shall be compiled utilizing the following methods:  1. City of Clearwater CAD standards.  2. Datum: Horizontal and Vertical datum shall be referenced to North American  Vertical Datum of 1988 (vertical) and North American Datum of 1983/90  (horizontal). The unit of measurement shall be the United States Foot. Any  deviation from this datum will not be accepted unless reviewed by City of  Clearwater Engineering/Geographic Technology Division.  2. DELIVERABLES: The design plans shall be produced on bond material, 24" x 36" at a scale of 1" = 20’  unless approved otherwise. Upon completion the consultant shall deliver all drawing  files in digital format with all project data in Autodesk Civil 3D file format.  NOTE: If approved deviation from Clearwater CAD standards is used, the Consultant  shall include all necessary information to aid in manipulating the drawings including  either PCP, CTB file or pen schedule for plotting. The drawing file shall include only  authorized fonts, shapes, line types or other attributes contained in the standard  release of Autodesk software. All block references and other references contained  within the drawing file shall be included. Please address any questions regarding format  to Mr. Thomas Mahony, at (727) 562‐4762 or email address  Thomas.Mahony@myClearwater.com.  All electronic files (including CAD and Specification files) must be delivered upon  completion of project or with 100% plan submittal to City of Clearwater.  Procurement Division 100 S Myrtle Ave Clearwater FL 33756-5520 PO Box 4748, 33578-4748 727-562-4630 Tel REQUEST FOR QUALIFICATIONS #RFQ 08-23 Design Services – Clearwater Long Center Renovations November 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, January 11, 2023, to provide Professional Design Consulting Services for the Clearwater Long Center Renovation. Brief Description: The City of Clearwater is seeking a firm to provide design services for the renovation of the Clearwater Long Center located at 1501 N. Belcher Road, Clearwater, Florida. 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-Development/Doing-Business-with-the-City/Purchasing-Solicitations 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 Design Services – CWT Long Center Renovations 2 RFQ #08-23 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: January 11, 2023 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-Development/Doing-Business-with- the-City/Purchasing-Solicitations 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 Design Services – CWT Long Center Renovations 3 RFQ #08-23 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 Design Services – CWT Long Center Renovations 4 RFQ #08-23 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 PROTESTS AND APPEALS. If a respondent believes there is a mistake, impropriety, or defect in the solicitation, believes the City improperly rejected its response, and/or believes the selected response is not in the City’s best interests, the respondent may submit a written protest. All protests and appeals are governed by the City of Clearwater Purchasing Policies and Procedures. If any discrepancy exists between this Section and the Procurement Rules, the language of the Procurement Rules controls. Protests based upon alleged mistake, impropriety, or defect in a solicitation that is apparent before the opening must be filed with the Procurement Manager no later than five (5) business days before Opening. Protests that only become apparent after the Bid Opening must be filed within ten (10) business days of the alleged violation of the applicable purchasing ordinance. The complete protest procedure can be obtained by contacting the Procurement Division. ADDRESS PROTESTS TO: City of Clearwater - Procurement Division 100 So Myrtle Ave, 3rd Fl Clearwater FL 33756-5520 or PO Box 4748 Clearwater FL 33758-4748 INSTRUCTIONS – EVALUATION Design Services – CWT Long Center Renovations 5 RFQ #08-23 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 11-13) Points Municipal Building Design and Construction Administration Experience of Firm (Tab 2) 25 Qualifications of Personnel (Tab 3) 25 Project Approach (Tab 4) 25 Understanding of natatorium envelope and heating, ventilation and air conditioning best practices, standards, codes and Greenprint 2.0 (Tab 5) 25 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 INSTRUCTIONS – EVALUATION Design Services – CWT Long Center Renovations 6 RFQ #08-23 the appropriately authorized City official(s). No binding contract will exist between the respondent and the City until the City executes a written contract or purchase order. i.20 NOTICE OF INTENT TO AWARD. Notices of the City’s intent to award a Contract are posted to Purchasing’s website. It is the respondent’s responsibility to check the City of Clearwater’s Purchasing website at https://www.myclearwater.com/business/rfp to view the Procurement Division’s Intent to Award postings. i.21 RFQ TIMELINE. All dates are tentative and subject to change. Release RFQ: 11/22/2022 Advertise Tampa Bay Times: 11/23/2022 Responses due: 01/11/2023 Review responses/presentations: 01/11/23 – 02/03/2022 Award recommendation: 02/03/22 Council authorization: March 2023 Contract begins: March 2023 DETAILED SPECIFICATIONS Design Services – CWT Long Center Renovations 7 RFQ #08-23 1. PROJECT MISSION. The City of Clearwater (City) is dedicated to providing superior services to its customers in order to improve the quality of life for Clearwater residents, businesses and visitors. The City is looking for consultants and vendors who share that dedication and will help the City meet that goal. 2. INTRODUCTION. The City of Clearwater is seeking an architectural or engineering firm to provide research and design consulting services related to the Clearwater Long Center, located at 1501 N. Belcher Road, Clearwater, Florida. The professional services will include the development of construction documents required for the replacement or renovation of the Long Center’s natatorium. 3. BACKGROUND. The Long Center was issued a certificate of occupancy in 1990. The natatorium’s heating ventilation and air conditioning (HVAC) system is unable to adequately handle the latent and sensible heat load caused by the indoor pool environment and the natatorium’s hollow structural steel (HSS) and non-insulated glass wall building envelop. In 2009, the pool’s HVAC system was revised to include a new central Dectron dehumidifier with the hope of better controlling the natatorium’s humidity levels. In 2018, the City commissioned an independent study of the operation and condition of the natatorium. The report identified several issues that the City wants addressed by a proposed new or renovated natatorium. To this day, the natatorium continues to have high humidity which has resulted in areas of isolated corrosion of the natatorium’s HSS frame. In addition to the humidity problem, the natatorium is a pre-Florida Building Code design and thus does not meet current energy conservation goals or the fenestration large missile impact resistance requirement. 4. SCOPE OF SERVICES. The primary goal of the replacement/renovation of this facility is to resolve the natatorium’s high humidity and resulting frame corrosion. In conjunction with meeting these goals, it is expected that a new or renovated natatorium will produce a more energy efficient, sustainable (reference Clearwater Greenprint 2.0), and storm-resistant building. The City would like the consultant to explore and compare the life cycle cost of a new natatorium versus a renovation. In terms of a renovation, the City would like the following options to be explored: outdoor pool, covered/roofed outdoor pool, partially enclosed pool, and indoor pool. For the partially and enclosed versions, the consultant will propose different methods/equipment for the natatorium’s climate control and different building envelopes that may utilize the natatorium’s existing HSS frame yet provide low U values and acceptable natural lighting. In addition, for the enclosed pool option, the City would like the consultant to determine if separating the two pool environments (lap and therapy) with a partition (fixed or retractable) would lower the life cycle cost. The renovation shall be constructed in single or multiple phases, depending on pool operational requirements. Construction targeted to begin fall of 2024. Anticipated services include, but are not limited to, design development, cost estimating, construction drawings, specifications, bid documents, as-needed permit(s) acquisition and post- design CEI services through the duration of the project. Construction services shall include shop drawing review, responding to RFI’s, inspecting critical portions of the project, conducting regular progress meetings with stakeholders, certifying drawings, certifying completed work as necessary, and closeout of all permits. The design and construction shall include environmentally sustainable high-performance systems, and materials. The following documents are included with this RFQ: o Exhibit A_Standard Terms and Conditions o Exhibit B_Sample Agreement o Exhibit C_Forms o Exhibit D_LC Drawings 1988 o Exhibit E_LC Natatorium Study Long & Assoc 12.07.2018 o Exhibit F_Innovent White Paper 2022 o Exhibit G_Greenprint 2.0: Greenprint 2.0 Link DETAILED SPECIFICATIONS Design Services – CWT Long Center Renovations 8 RFQ #08-23 5. EXPERIENCE & QUALIFICATIONS. Respondents must demonstrate the necessary ability, financial resources, and experience to perform the work in a satisfactory manner. Each respondent shall demonstrate a thorough understanding of the City’s planning and development codes and policies and procedures as it relates to land development and construction. Past experience providing design and construction administration service of building projects, particularly natatoriums. 6. INSURANCE REQUIREMENTS. The Contractor (respondent) shall, at its own cost and expense, acquire and maintain (and cause any subcontractors, representatives or agents to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A- VII or better. In addition, the City has the right to review the Contractor’s deductible or self-insured retention and to require that it be reduced or eliminated. Specifically the Contractor must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement. Specific work may require additional coverage on a case by case basis: a. Commercial General Liability Insurance coverage, including but not limited to, premises operations, products/completed operations, products liability, contractual liability, advertising injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. 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 $1,000,000 (one million dollars) each employee each accident, $1,000,000 (one million dollars) each employee by disease, and $1,000,000 (one million 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. If the Contractor is using its own property, or the property of the City or other provider, in connection with the performance of its obligations under this Agreement, then Contractor’s Equipment Insurance or Property Insurance on an “All Risks” basis with replacement cost coverage for property and equipment in the care, custody and control of others is required. e. Professional Liability Insurance coverage appropriate for the type of business engaged in by the Contractor with minimum limits of $1,000,000 (one million dollars) per occurrence. If a claims made form of coverage is provided, the retroactive date of coverage shall be no later than the inception date of claims made coverage, unless prior policy was extended indefinitely to cover prior acts. Coverage shall be extended beyond the policy year either by a supplemental extended reporting period (ERP) of as great a duration as available, and with no less coverage and with reinstated aggregate limits, or by requiring that any new policy provide a retroactive date no later than the inception date of claims made coverage. OTHER INSURANCE PROVISIONS. a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of DETAILED SPECIFICATIONS Design Services – CWT Long Center Renovations 9 RFQ #08-23 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: Purchasing, RFQ #08-23 P.O. Box 4748 Clearwater, FL 33758-4748 b. Contractor shall provide thirty (30) days written notice of any cancellation, non-renewal, termination, material change or reduction in coverage. c. Contractor’s insurance as outlined above shall be primary and non-contributory coverage for Contractor’s negligence. d. Contractor reserves the right to appoint legal counsel to provide for the Contractor’s defense, for any and all claims that may arise related to Agreement, work performed under this Agreement, or to Contractor’s design, equipment, or service. Contractor agrees that the City shall not be liable to reimburse Contractor for any legal fees or costs as a result of Contractor providing its defense as contemplated herein. The stipulated limits of coverage above shall not be construed as a limitation of any potential liability to the City, and failure to request evidence of this insurance shall not be construed as a waiver of Contractor’s obligation to provide the insurance coverage specified. MILESTONES Design Services – CWT Long Center Renovations 10 RFQ #08-23 1. ANTICIPATED BEGINNING AND END DATE OF INITIAL TERM. March 2023 – January 2025 If the commencement of performance is delayed because the City does not execute the contract on the start date, the City may adjust the start date, end date and milestones to reflect the delayed execution. 2. EXTENSION. The City reserves the right to extend the term of this contract, provided however, that the City shall give written notice of its intentions to extend this contract no later than thirty (30) days prior to the expiration date of the contract. RESPONSE FORMAT Design Services – CWT Long Center Renovations 11 RFQ #08-23 1. RESPONSE SUBMISSION. It is recommended that responses are submitted electronically through our bids website at https://www.myclearwater.com/business/rfp. For responses mailed and/or hand-delivered, firm must submit one (1) signed original (identified as ORIGINAL) response, five (5) copies of the response and one (1) copy in an electronic format, on a disc or thumb drive, in a sealed container using the label provided at the end of this solicitation. 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 twenty-six (26) 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). The letter of interest shall include: a. Full legal name of the firm and signature by an authorized representative, preferably the president b. A brief summary of the proposing firm’s interest in providing the requested services c. A statement of the firm’s understanding of the design services to be provided d. Office address of firm conducting the design services e. Office address of firm that will administer the agreement f. Contact information of firm’s corporate officers, partners, and/or owners to include office location, email address and phone number g. List of personnel authorized to represent firm to include title, office location, email address and phone number TAB 2 – MUNICIPAL BUILDING DESIGN & CONSTRUCTION ADMINISTRATION EXPERIENCE OF FIRM (six [6] pages). Provide background about the firm and present an understanding of the Scope of Services to be provided and ability to provide such services, including: a. A list of like design projects with construction value of $10 million or more, both active and completed in the last five (5) years. Include the project name, location, owner, contractor, description, dates services were performed for the project; color images of projects; initial budget and final construction cost, including change orders; initial and final contract duration (explain deviations); b. Information for three (3) similar complex projects using a Construction Manager at Risk (CMAR) with the Guaranteed Maximum Price (GMP) process with a value of $10 million or more within the past seven (7) years. Reference projects must include: i. Offeror’s project management team assigned to respective project whom will be designated for this RFQ’s project team ii. Client project manager name, title, email address, and telephone numbers iii. Reference letters from the project owner(s) must be specific to the referenced project (not included in page count) . TAB 3 – QUALIFICATIONS OF PERSONNEL (four [4] pages). a. Provide a list of key personnel the Respondent will commit to the project for its duration. i. Identify specific roles for each listed staff. ii. Confirm that no key staff changes will take place without written authorization of the City. b. Identify prior similar projects the key personnel listed have worked on together as a team on behalf of the Respondent. Demonstrate staff’s knowledge of local work force, City permitting processes, Downtown District and Development Standards, potential challenges on this project and solutions. RESPONSE FORMAT Design Services – CWT Long Center Renovations 12 RFQ #08-23 c. Explain how expert sub-consultants in their field will be selected in a cost compatible process. i. Provide a list of key sub-consultants, their references, and a MOU for their commitment to join your team. ii. Identify prior projects the key sub-consultants have worked on with your team. TAB 4 – PROJECT APPROACH (ten [10] pages). Demonstrate the ability to provide the Concept Review, Cost Analysis, Design, and Construction Phase services. Expand on items such as reporting systems, scheduling, cost estimating, sustainability, innovation, cost effective design, long term maintenance, facility operational costs, security, and value engineering (VE). Include examples of similar projects where these processes have been used. a. Explain how the Respondent will provide the: (1) leadership; (2) management; and (3) administration required to be successful in the development and completion of this project. b. Explain generally how Respondent will provide the Concept Review and Cost Analysis Services. c. Provide a summary of cost control methods for the (1) Design Phase; and (2) Construction Phase of the Project. d. Provide estimated duration of proposed conceptual design, design development, construction document, permitting, and GMP phases (30%, 60%, 90% and completion). e. Describe how firm will maintain quality control methods for the Design Phase and Construction Phase of the project. f. Describe how firm will maintain schedule control methods for the Design Phase and Construction Phase of the project. g. Explain firm’s team approach to resolve potential conflicts. h. Provide a brief narrative outlining why your firm is the best qualified to perform the Design services in this RFQ. TAB 5 – UNDERSTANDING OF NATATORIUM ENVELOPE DESIGN AND HEATING, VENTILATION AND AIR CONDITIONING BEST PRACTICES, STANDARDS, CODES AND CITY’S GREENPRINT 2.0 (four [4] pages). Demonstrate your knowledge of natatorium design, climate control, maintenance and operations and City’s Greenprint 2.0 and outline how you intend to implement this expertise through the provided design services. Provide examples of other projects where you assisted in the implementation of similar designs and identify what opportunities and/or challenges the design may create. TAB 6 – Litigation. NOTE: this is not considered Confidential or Proprietary information – any response indicating such will be deemed non-responsive to the RFQ. a. Provide a complete listing of any convictions or fines incurred by the respondent firm or any of its principals for violations of any state or federal law within the past three (3) years. Identify firm’s executives who have current claims or who have participated in litigation against the City of Clearwater while with another firm. Executives of firms currently under litigation with the City may not be considered for this project. b. Provide a complete listing of all litigation involving a construction project or contract (excluding personal injury and workers’ compensation) whether currently pending or concluded within the past three (3) years in which the respondent firm was a named party. c. Provide a complete listing of all administrative proceedings involving a construction project or contract, whether currently pending or concluded within the past three (3) years, in which the respondent firm was a named party. (NOTE: Administrative Proceedings shall include: (i) any action taken or proceeding brought by a governmental agency, department, or officer to enforce any law, regulation, code, legal, or contractual requirement, except for those brought in state or federal courts; RESPONSE FORMAT Design Services – CWT Long Center Renovations 13 RFQ #08-23 (ii) any action taken by a governmental agency, department, or officer imposing penalties, fines, or other sanctions for failure to comply with any such legal or contractual requirement, or (iii) any other matter before an administrative body.) d. Provide a complete listing of all arbitrations involving a construction project or contract, whether currently pending or concluded in the past three (3) years, in which the respondent firm was a named party. TAB 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 C_Forms e. Copy of the firm’s current Florida Department of Business and Professional Regulation’s License f. If the firm is a corporation, a copy of the current Florida Corporation Registration 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 Design Services – CWT Long Center Renovations 14 RFQ #08-23 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 Design Services – CWT Long Center Renovations 15 RFQ #08-23 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 Design Services – CWT Long Center Renovations 16 RFQ #08-23 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 Design Services – CWT Long Center Renovations 17 RFQ #08-23 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ SEALED RESPONSE Submitted by: Company Name: Address: City, State, Zip: RFQ #08-23, Design Services – CWT Long Center Renovations Due Date: January 11, 2023, 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 #08-23, Design Services – CWT Long Center Renovations Due Date: January 11, 2023, 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------------------------------------------------ Exhibit B Insurance Requirements INSURANCE REQUIREMENTS. The Contractor (respondent) shall, at its own cost and expense, acquire and maintain (and cause any subcontractors, representatives or agents to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A- VII or better. In addition, the City has the right to review the Contractor’s deductible or self-insured retention and to require that it be reduced or eliminated. Specifically the Contractor must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement. Specific work may require additional coverage on a case by case basis: a. Commercial General Liability Insurance coverage, including but not limited to, premises operations, products/completed operations, products liability, contractual liability, advertising injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. b. Commercial Automobile Liability Insurance coverage for any owned, non-owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars) combined single limit. c. Unless waived by the State of Florida, statutory Workers’ Compensation Insurance coverage in accordance with the laws of the State of Florida, and Employer’s Liability Insurance in the minimum amount of $100,000 (one hundred thousand dollars) each employee each accident, $100,000 (one hundred thousand dollars) each employee by disease and $500,000 (five hundred thousand dollars) aggregate by disease with benefits afforded under the laws of the State of Florida. Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be applicable to employees, contractors, subcontractors, and volunteers, if any. d. If the Contractor is using its own property, or the property of the City or other provider, in connection with the performance of its obligations under this Agreement, then Contractor’s Equipment Insurance or Property Insurance on an “All Risks” basis with replacement cost coverage for property and equipment in the care, custody and control of others is required. e. Professional Liability Insurance coverage appropriate for the type of business engaged in by the Contractor with minimum limits of $1,000,000 (one million dollars) per occurrence. If a claims made form of coverage is provided, the retroactive date of coverage shall be no later than the inception date of claims made coverage, unless prior policy was extended indefinitely to cover prior acts. Coverage shall be extended beyond the policy year either by a supplemental extended reporting period (ERP) of as great a duration as available, and with no less coverage and with reinstated aggregate limits, or by requiring that any new policy provide a retroactive date no later than the inception date of claims made coverage. 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: Purchasing, RFQ #08-23 P.O. Box 4748 Clearwater, FL 33758-4748 b. Contractor shall provide thirty (30) days written notice of any cancellation, non-renewal, termination, material change or reduction in coverage. c. Contractor’s insurance as outlined above shall be primary and non-contributory coverage for Contractor’s negligence. d. Contractor reserves the right to appoint legal counsel to provide for the Contractor’s defense, for any and all claims that may arise related to Agreement, work performed under this Agreement, or to Contractor’s design, equipment, or service. Contractor agrees that the City shall not be liable to reimburse Contractor for any legal fees or costs as a result of Contractor providing its defense as contemplated herein. The stipulated limits of coverage above shall not be construed as a limitation of any potential liability to the City, and failure to request evidence of this insurance shall not be construed as a waiver of Contractor’s obligation to provide the insurance coverage specified. CITY OF CLEARWATER DESIGN SERVICES - LONG CENTER RENOVATIONS Wannemacher Jensen Architects, Inc. 132 Mirror Lake Dr N Unit 301 St. Petersburg, FL 33701 (727) 822-5566 wjarc.com RFQ #08-23 January 11, 2023 LETTER OF INTEREST 1 3 LETTER OF INTEREST WJArchitects | City of Clearwater RFQ-08-23 City of Clearwater Attn: Procurement Division 100 S. Myrtle Ave, 3rd Floor Clearwater, FL 33756-5520 January 11, 2023 RE: RFQ 08-23 - DESIGN SERVICES - CLEARWATER LONG CENTER RENOVATIONS Members of the Selection Committee, On behalf of Wannemacher Jensen Architects, Inc. (WJA), I would like to state our sincere interest and excitement about the opportunity to continue to provide the City of Clearwater and the Long Center with Design Services for the Natatorium. You will find in the following qualifications pages that we have put together a very strong team - one with national recognition for iconic municipal design and a proven track record for sustainable buildings. About Us Since our firm was founded in 1992, our specialty has always been community building municipal projects. The firm’s design methodology is centered on the belief that architecture can inspire positive change and enrich society. We understand municipal architecture and our projects consistently meet the issues of time, budget, functionality, and maintainability. We strive to go beyond that by providing creative design solutions that become unique pieces of architecture. Our buildings uniquely represent a community and add to people’s quality of life. Our strength has been to consistently create unique, efficient, and inviting spaces given any set of parameters or challenges. Headquartered in St. Petersburg and with an office in Tarpon Springs, we are familiar with the City, the city’s standards and coordinating with City Departments. We have had a long standing working relationship with the City of Clearwater since 1997 and have worked on projects like Fire Stations 46 & 47, the Clearwater Marina, North Greenwood Recreation Center, Crest Lake Park Masterplan, Morningside Recreation Center, and the Phillies Spring Training Complex to name a few. We also have a long standing history working with the Long Center. The team ready to work on the Natatorium all have knowledge and experience working with Long Center stakeholders. Long Center projects completed by our team include the Aging Well Center, renovations to the gym, kitchen, and classrooms. Our proposed team have recently completed the FAST Aquatics facility in Ocala, Florida. The Florida Aquatics Swimming & Training (FAST) facility is the new premier aquatic training and Olympic training competition venue in the Southeast United States. The facility provides elite training for swimmers of all levels with the goal of producing the next generation of future champion swimmers and includes an indoor 10-lane/50- meter/25-yard Olympic competition pool and an outdoor “L” shaped pool with 5-lane 25-yard warm-up area and the 7-lane 50-meter/25-yard/25-meter 2021 Olympic Trials warm-up pool by Myrtha Pools. Our capabilities expand beyond architecture to include comprehensive master planning, interior design, Construction Management, and Cost Estimating. An extremely unique aspect of our firm is that we have a construction division, WJCreate. As one of the few architecture firms with a dedicated construction division we can provide services from the initial planning phase all the way through construction with a single point of contact. It has never been more important for a design team to understand lead times, supply issues, and real time cost data. We understand that it takes more than just a complete set of drawings to turn out a successful project. We go beyond the basic requirements - utilizing innovative design solutions to create facilities that uniquely represent and evoke pride from the community and the staff who use them. Project Understanding It is our understanding that the City intends to engage an architectural firm to provide design services for the renovation of the Long Center located at Belcher Road. The main goal is to resolve the high humidity and resulting frame corrosion in the Natatorium. It will be in our scope to explore a variety of options for the City comparing a new facility versus a renovation. The City is interested in seeing the following options: an outdoor pool, covered/roofed outdoor pool, partially enclosed pool, and indoor pool. The consultant shall analyze different methods and equipment, and schemes to determine the most feasible option for the City. The sustainability and maintainability of the facility will be top priority. 4 LETTER OF INTEREST WJArchitects | City of Clearwater RFQ-08-23 Jason Jensen, AIA, LEED AP, President Wannemacher Jensen Architects, Inc. 132 Mirror Lake Dr. N, Unit 301 St. Petersburg, FL 33701 (727) 822-5566 | jason@wjarc.com We believe our team is best qualified to undertake this project and we are committed to providing the City of Clearwater with successful design services. I don’t believe any other team has a greater knowledge of the city or more proven design and services then our team. WJA is excited about the opportunity to continue our relationship with the City and the Long Center and we hope that you will give our team strong consideration for this contract. Sincerely, Office address of firm conducting the design services: Headquarters: 132 Mirror Lake Dr N., Unit 301, St. Petersburg, FL Office address of firm that will administer the agreement: Headquarters: 132 Mirror Lake Dr N., Unit 301, St. Petersburg, FL Contact information of firm’s corporate officers, partners, and/or owners to include office location, email address and phone number: List of personnel authorized to represent firm to include title, office location, email address and phone number: Same as above to include additional representatives listed below. Sarah Lyons, Studio Director 1559 Fruitville Rd, Sarasota, FL 34236 sarah@wjarc.com (727) 308-2261 Todd Willsie, Studio Director 29 W Orange St, Tarpon Springs, FL 34689 todd@wjarc.com (727) 819-4958 Natalia Livian, Studio Director 815 NW 57th Ave, Miami, FL 33126 natalia@wjarc.com (727) 310-0596 Below is the following requested address and contact information: Jason Jensen, President Headquarters Location (St. Petersburg, FL) jason@wjarc.com (727) 308-2711 Harold Somarriba, Principal Headquarters Location (St. Petersburg, FL) harold@wjarc.com (727) 308-2712 Lindsay Evans, Principal Headquarters Location (St. Petersburg, FL) lindsay@wjarc.com (727) 308-2713 Edward Hoffman, Principal 29 W Orange St, Tarpon Springs, FL 34689 ed@wjarc.com (727) 382-0789 MUNICIPAL BUILDING DESIGN & CONSTRUCTION ADMINISTRATION EXPERIENCE OF FIRM 2 6 MUNICIPAL BUILDING DESIGN & CONSTRUCTION ADMINISTRATION EXPERIENCE OF FIRM WJArchitects | City of Clearwater RFQ-08-23 Founded in St. Petersburg Florida in 1992, Wannemacher Jensen Architects (WJA) is an interdisciplinary architecture firm that designs and creates engaging spaces for working, living, learning and playing. The firm’s design methodology is centered on the belief that architecture can inspire positive change and enrich society. With each project and any given set of challenges, we strive to provide creative and innovative design solutions that promote community and client ambitions, redefine conventions, and generate purpose driven solutions. The firm has a broad range of experience across an array of project types and disciplines for private, municipal, and non-profit clients. WJA’s capabilities expand beyond architecture to include comprehensive master planning, interior design and design-build construction. As one of the few architecture firms with a dedicated construction division we are capable of providing services from the initial planning phase all the way through construction with a single point of contact. Our team brings together a variety of professionals from different backgrounds and expertise to holistically address projects from all angles. We carefully consider every design decision and its effect on the big picture to produce the highest quality, optimally functional, cost-effective results. Since the firm was founded our specialty has always been to work with municipalities on quality of life projects. We have completed over 250 public projects for more than 25 different municipalities throughout the State of Florida on various project types including Recreation Centers and Parks, City Halls, Fire & Police Stations, Government Offices, and Service Centers. We understand the intricacies of working with multiple building users, making presentations to City Commissions and satisfying various neighborhood concerns. YEARS IN BUSINESS: 30 years SIZE OF FIRM: 58 Employees SERVICES: Architecture Interior Design Design-Build Construction Production Design Real Estate/Development ADDRESS: 132 Mirror Lake Dr N Unit 301 St. Petersburg, FL 33701 727.822.5566 WEBSITE: wjarc.com LICENSE: AR94244 FAST Aquatics, Ocala, FL Wannemacher Jensen Architects, Inc. 7 MUNICIPAL BUILDING DESIGN & CONSTRUCTION ADMINISTRATION EXPERIENCE OF FIRM WJArchitects | City of Clearwater RFQ-08-23 FAST Aquatics ($38m) is part of building the foundation for a new community. The Florida Aquatics Swimming & Training (FAST) facility is premier aquatic training and Olympic competition venue in the Southeast United States. The facility will provide elite training for swimmers of all levels with the goal to produce the next generation of champion swimmers. 47,000 sf Indoor Aquatics Complex consisting of 50m Pool, 25m Pool, and 2300 sf Fun Pool. The Aquatics Complex is supported with by Locker Rooms, Fitness Center, Multipurpose rooms, a Party Room, concessions, administrative and lifeguard offices, mechanical and storage rooms, and pool pump rooms. Team: Jason Jensen, Sarah Lyons, Jamison Sweat, Michael Costello, David Fusco FAST Aquatics Natatorium, Ocala, FL Contact: Jim Walkup, Project Manager jim_walkup@otowfl.com (352) 873-0848 A new $11.5m 2 story 20,825 sf Recreation Center consisting of admin of- fices, indoor gym, teen room, party room, kitchen, multi-purpose room, re- strooms/locker rooms, pool support areas, utility support areas, discovery rooms, and study rooms. Aquatics Center consists of a pool with pool deck, splash pad, pool play equipment, changing cabanas, and multi-gender restrooms. A playground, play court, multipurpose lawn, dry pond, artificial turf area with seating, and a 40x40 shelter complete the park space. The building and park utilizes a resilient and sustainable design, which provides a fun, safe environment to promote a healthy community. This project is LEED Silver pending. Team: Jason Jensen, Cary Dennis Shore Acres Recreation & Aquatics Center, St. Petersburg, FL Contact: Lynn Bittner, Recreation Manager Lynn.Bittner@stpete.org (727) 893-7571 The Recreation & Aquatics Center is a 35,000 SF multi-level facility origi- nally construction in 2006. Additions and renovations to the facility were designed to further improve the well-being and quality of life for the com- munity by elevating the user experience for current and future members. The most prominent renovations consist of the relocation and expansion of the Health Fitness Center and Child Care Center. Both spaces enjoy vast views and abundant daylight through the new 20’ high curtain wall along the front facade. A new indoor playground, which stands 19’ tall, is an excit- ing activity found in the Child Care Center. Other renovated spaces include the Main Lobby, Admin Suite, an Activity Room and a Multi-Purpose Room. Team: Jason Jensen NPR Recreation & Aquatics Center, New Port Richey, FL Contact: Debbie Manns mannsd@cityofnewportrichey.org (727) 853-1021 RELEVANT PROJECTS 8 MUNICIPAL BUILDING DESIGN & CONSTRUCTION ADMINISTRATION EXPERIENCE OF FIRM WJArchitects | City of Clearwater RFQ-08-23 A new 21,000 sf facility that includes a double gymnasium, fitness center, locker room and administrative offices. The new facility was constructed within an existing 7.8 acre recreation complex that included an aquatics facility, children’s playground and tennis courts. The site is also positioned where street grids with two different orientations collide. This project gave us the opportunity to bring order to the campus by consolidating and streamlining movement through the complex. The new facility weaves the existing programs with the new and serves as a central nexus for the entire campus. To achieve this the facility was broken down into two separate wings dictated by their programmatic uses. The different wings are separately rotated to sit against the existing programs. Team: Jason Jensen Morningside Recreation & Aquatics Center, Clearwater, FL RELEVANT PROJECTS Contact: Leroy Chin leroy.chin@myclearwater.com (727) 562-4856 This new 33,300 sf Recreation and Aquatic Center is on 42 acres in North Port targets youth activities but was designed with a multi-use facility concept to meet the interests of the entire community. The concept was to bring the outside park setting inside within a mid-century modern architec- ture vocabulary of large glazed wall areas, organic curved surfaces, natural stone both inside and out, and expansive covered and uncovered exterior program areas. Phase 2 includes Butler Park Pool, an aquatics center, that shares the site with the existing sports facility and Morgan Family Com- munity Center was also completed by WJA. Aquatic amenities include a 25-meter x 25 yard pool, lazy river, leisure pool with spray features, bath house, concession, restrooms, office areas, filtration building, bleachers, shade structures, and site furnishings. Team: Jason Jensen, Cary Dennis Morgan Family Community & Aquatics Complex, North Port, FL Contact: Sherry Borgsdorf, Director of General Services sborgsdorf@cityofnorthport.com (727) 587-6720 Wannemacher Jensen Architects was tasked with transforming this site into a welcoming and lively community based recreation center. The project includes extensive site work, replacement of the existing facility/gymnasium that was 13,892 sf to a new increased square footage that accommodates the programming and is feasible for the budget, tennis courts, expansion of the pool deck and addition of a picnic pavilion, and a 4,000 sf splash pad. The new facility will be hurricane hardened while the entire site lives in a flood zone. Team: Jason Jensen, Harold Somarriba, Kelsi Thrasher John Marble Recreational Park and Aquatics Center, Bradenton, FL Contact: Angela Honts, Project Manager angela.honts@mymanatee.org (941) 748-4501 9 MUNICIPAL BUILDING DESIGN & CONSTRUCTION ADMINISTRATION EXPERIENCE OF FIRM WJArchitects | City of Clearwater RFQ-08-23 REFERENCE 10 MUNICIPAL BUILDING DESIGN & CONSTRUCTION ADMINISTRATION EXPERIENCE OF FIRM WJArchitects | City of Clearwater RFQ-08-23 REFERENCE City of St. Petersburg Parks and Recreation Department P.O. Box 2842 St. Petersburg, FL 33731-2842 O: 727-893-7571 April 29, 2022 To Whom It May Concern, I would like to take the opportunity to thank WJArchitects (WJA) for their work on the new Shore Acres Recreation Center. The project included a two-story facility with a gymnasium, meeting room spaces, Teen Program space, six-lane outdoor swimming pool, playground, outdoor court, and playing field space. It was a pleasure working with WJA beginning with the initial design concepts to the reopening of the facility. WJA designed the entire complex after receiving input from multiple departments within the City and participating in public meetings. The professionals at WJA are outstanding individuals who are highly knowledgeable in their field. Their expertise and experience has allowed us to face this project with ease. We have worked with WJA on multiple projects over the years and look forward to our continued relationship for future undertakings. Sincerely, Lynn Bittner Recreation Manager 11 MUNICIPAL BUILDING DESIGN & CONSTRUCTION ADMINISTRATION EXPERIENCE OF FIRM WJArchitects | City of Clearwater RFQ-08-23 REFERENCE 3QUALIFICATIONS OF PERSONNEL 13 QUALIFICATIONS OF PERSONNEL WJArchitects | City of Clearwater RFQ-08-23 Wannemacher Jensen Architects Chris Dunn, RA PROJECT MANAGER & DAY-TO-DAY CONTACT Todd Willsie, AIA PROJECT DIRECTOR Sarah Lyons, AIA, LEED AP, BD+C AQUATICS DESIGN EXPERT Jamison Sweat PROJECT DESIGNER Aquatics Design Jeff Nodorft, PE, LEED AP, BD+C PRINCIPAL IN CHARGE Cary Dennis PROJECT DIRECTOR Nicole King PRODUCTION Civil Engineering Bryan Zarlenga, PE CIVIL ENGINEER MEP Engineering Adam T. Powell, PE PRESIDENT ELECTRICAL ENGINEER Paul Carastro, PE DIRECTOR OF MECHANICAL DIVISION Staffing Plan & Key Personnel Our staffing and coordination process begins with selecting a core team that best suits the project based on their experience with similar projects and their availability to dedicate the necessary attention to the project. Our engineering consultants were suggested to you based upon their successful past experience with the similar projects, our firm, and their local presence. We have completed multiple projects with these engineering consultants and we have chosen this team because they have consistently produced quality results. Our subconsultants, are local and small to medium sized liked ourselves, providing true principal involvement. They will be a part of the design process from the beginning and stay with the project through close-out. They will attend meetings and visit the job-site when necessary to inspect work or address any issues that may occur. Please note: Due to page limitations, only key personnel are included on the following pages. No key staff changes will take place without written authorization of the City. All assigned key professional staff are properly licensed to practice in Florida and are available to commit the necessary time to servicing this project. ORGANIZATION CHART Structural Engineering David Fusco, PE, LEED AP PRINCIPAL STRUCTURAL ENGINEERING Derek A. Wassink, PE, RA, SI, LEED AP QA/QC PRINCIPAL Landscape Architect Ricky Peterika LANDSCAPE ARCHITECT AND ARBORIST Jason Jensen, AIA, LEED AP FIRM EXECUTIVE 14 QUALIFICATIONS OF PERSONNEL WJArchitects | City of Clearwater RFQ-08-23 Chris is a licensed architect with over 35 years of professional experience brings a proven record of success in planning, designing, and managing a variety of challenging commercial, institutional, and residential projects. He is knowledgeable in construction technology as well as the codes and regulations that impact building design and construction. Proficient in the production of accurate, comprehensive construction documents and specifications; he provides a high level of quality control for our projects. SELECTED EXPERIENCE Long Center Fitness Room Renovations, Clearwater FL [Project Architect] Long Center Aging Well Center Renovations, Clearwater FL [Project Architect] Long Center Second Floor Meeting Room, Clearwater, FL [Project Architect] Fairway Village Community Center, Largo, FL [Project Architect] Largo Community Center, Largo, FL [Project Architect] Cedar Hammock Fire Station #4, Bradenton, FL [Project Architect] Dunedin Fire Station #61, Dunedin, FL [Project Architect] Madeira Beach Fire Station #25, Madeira Beach, FL [Project Architect] St. Pete Fire Station #7, St. Petersburg, FL [Project Architect] Chris Dunn, RA Role: Project Manager / Day- to-Day Contact Years Experience: 50 years Certifications: AR0015976, NCARB #48738 SELECTED EXPERIENCE FAST Aquatics Center, Ocala, FL [Project Manager] Long Center, The Arc Classroom Renovations, Clearwater FL [Project Manager] Long Center Fitness Room Renovations, Clearwater FL [Intern Architect] Ocala Community Center, Ocala, FL [Project Manager] Thelma Boltin Recreational Center, Gainesville, FL [Project Manager] San Bernardino Courthouse, City, FL* [Project Designer] SPC Student Success Center, St. Petersburg, FL [Project Manager] Ina A Colen Academy, Ocala, FL [Project Architect] Canterbury School Master Plan, St. Petersburg, FL [Project Manager] Pinellas County Schools Structural Stucco Conditions Evaluations, Pinellas County, FL [Project Architect] Sarah Lyons, AIA, LEED AP BD + C Role: WJA Aquatics Design Expert Years Experience: 11 years Certifications: FL AR98487 SELECTED EXPERIENCE Luminary Hotel & Convention Center: Fort Myers, FL This new 13-story hotel includes over 240 guest rooms and suites, elevated structured parking, ground-level meeting spaces, retail, a rooftop pool and bar, and amenity areas. In addition to construction of the new hotel, the project includes major renovations to the existing Convention Center that it adjoins. A new chilled water plant is being provided in the Convention Center to serve both the Convention Center and Hotel. University of South Florida - Student Housing Village: Tampa, FL The largest student housing project in the University of South Florida’s history, this $100+ million development included a total of five new 6-story residence halls that offers housing for over 2,000 USF students. A Public- Private Partnership (P3) with Capstone Development Partners, it was the largest P3 undertaking to date in the state university system. The design-build project used Finfrock Construction’s proprietary precast DualDeck Building System, which required a fully coordinated, clash-free design model with all penetrations located before manufacturing and construction. John Knox Village: Pompano Beach, FL Adam T. Powell, PE Role: President Electrical Engineer Years Experience: 17 years Certifications:FL #73853 SELECTED EXPERIENCE Florida Aquatics Swimming & Training Center in Ocala, FL WJA Project The Florida Aquatics Swimming & Training (FAST) Center is bound to be the premier competition and training venue for swimmers in the Southeastern United States. The $10 million project includes a fitness center, outdoor competition pool, and indoor competition pool with additional poolside seating for spectators. Moorings Park Grande Lake: Naples, FL This multi-phased project includes a new $50+ million Clubhouse Center for Healthy Living that will be at the heart of this new Moorings Park campus at Grande Lake. Levels 1-3 of this high-rise structure will include elevated parking, restaurant and bistro areas, exam and treatment areas, a full fitness center, administrative spaces, and various other amenities for Moorings Park residents and guests. Upper floors will house large, well-appointed independent living units. Hyatt Place Tampa Downtown: Tampa, FL Situated between Downtown Tampa’s iconic Truist building and City Hall, this project transformed a surface parking lot into a new, dual-branded high-rise hotel. The 17-story building includes over 340 guest rooms, elevated structured parking, ground-level meeting spaces, retail, a rooftop pool, and amenity areas. Michael A. Costello, PE, LEED AP Role: Director of Mechanical Division Years Experience: 22 years Certifications:FL #81436 15 QUALIFICATIONS OF PERSONNEL WJArchitects | City of Clearwater RFQ-08-23 SELECTED EXPERIENCE Clearwater Mall Fire Station (FS) No. 49, Clearwater, FL Clearwater NW Fire Station No. 51, Clearwater, FL Clearwater Sand Key Fire Station No. 44, Clearwater, FL Pinellas County Emergency Responders Building, Clearwater, FL Treasure Island City Hall, Treasure Island, FL WJA Project New Port Richey Public Works Facility, New Port Richey, FL St. Pete/Clearwater International Airport Parking Lot Expansion, St. Petersburg, FL Pinellas County Court and Jail Expansion, Pinellas County, FL HARTLine Netpark Transfer Center, Tampa, FL Pasco County Utility Administration Building, Pasco County, FL Anchorage Park, North Palm Beach, FL Seminole Public Works & EOC Buildings, Seminole, FL Pasco County Nottingham Public Works Facility, Pasco County, FL South Pasadena Fire Station and Parking Lot, South Pasadena, FL WJA Project Bryan Zarlenga, PE Role: Sr. Principal Civil Engineer Years Experience: 31 years Certifications: FL PE #52167 SELECTED EXPERIENCE Doral Aquatic Center, Doral, FL Bear Levin Studer Family YMCA, Pensacola, FL Hagan-Stone Park Aquatic Center, Pleasant Garden, NC Holding Park Pool, Wake Forest, NC Homewood Community Center, AL Huntsville Aquatics Center, AL Northern Region Recreation, Mecklenburg, NC James Madison University, Student Recreation Center, Harrisburg, VA Southern Regional Aquatic Wellness Center, Fort Washington, MD Tennessee Tech University Student Recreation Center, Cookeville, TN UNC Charlotte - University Recreation Center, Charlotte, NC Watauga Recreation Center, Boone, NC Jeff Nodorft PE, LEED AP BD + C Role: Principal, Aquatics Years Experience: 29 years Certifications:LEED AP BD + C SELECTED EXPERIENCE Florida Aquatics Swimming & Training (FAST), Ocala, FL WJA Project Structural design services for a 47,000-square-foot community center including meeting rooms, a fitness area and two Olympic sized pools. One of the pools is located outdoors and the other is in a 40 foot tall natatorium structure. Included in the natatorium is stadium style seating with a 3000 person capacity. Doc Ford’s, Tampa, FL WJA Project Structural engineering services for the renovation and alteration of the existing building. Ina A. Colen Academy, Ocala, FL WJA Project Structural engineering for a two-story, 125,000-square-foot masonry and composite steel elementary school including classrooms, offices, cafeteria with a commercial kitchen and gymnasium. Steel support framing was provided for a grand precast staircase in the main lobby. Municipal Building, Treasure Island, FL WJA Project New design of public works building and master pump station. David Fusco, PE, LEED AP Role: Principal, Structural Engineering Years Experience: 17 years Certifications:Licensed Professional Engineer: FL SELECTED EXPERIENCE Largo Bayhead Park, Largo, FL This project is a passive park and trail enhancement constructed in conjunction with stormwater retention pond retrofits. The plan included a 1/2-mile passive urban trail, upland, shoreline, and aquatic plantings, hardscape areas, site furnishings, and signage. Richard was responsible for all production aspects of this project. Tampa P.I.P.E.S, Tampa, FL This project is a partial tree inventory across four neighborhoods in Tampa. 5th Street LID Implementation, Palmetto, FL A two-block streetscape improved using low impact development to promote investment in a downtown redevelopment area. Scott Street Low Impact Development Streetscape, Tampa, FL This project is a 0.75-mile streetscape improved using low impact development strategies as part of a traffic calming toolkit.redevelopment area. Richard Peterika, PLA Role: Principal, Landscape Architect Years Experience: 15 years Certifications:LA #6667088RCA #641, CMA #5893BAICP #31476, USGBC 16 QUALIFICATIONS OF PERSONNEL WJArchitects | City of Clearwater RFQ-08-23 SUBCONSULTANT MOU’s (Due to page limitations, full MOU’s can be provided upon request) REFERENCES Doral Aquatics Center, City of Doral Barbie Hernandez, CPRP- Parks & Recreation Director barbra.hernandez@cityofdoral.com | (305) 593-6600 Florida Aquatics Swimming & Training, On Top of the World, LLC Jim Walkup, Project Manager jim_walkup@otowfl.com | (352) 873-0848 Ft. Lauderdale Aquatics Center, City of Ft. Lauderdale Laura Voet, Aquatics Complex Manager lvoet@fortlauderdale.gov | (954) 828-4582 REFERENCES BSSW Architects, Inc. Kevin M. Williams kevin@BSSWArchitects.com | (239) 333-2901 DPR Construction Andrew Black andrewbl@dpr.com | (813) 354-0995 Mainsail Lodging & Development Brian Check bcheck@mainsaildevelopment.com | (813) 313-1137 January 9, 2023 Amanda Wiegman, Marketing DirectorWannemacher Jensen Architects, Inc. Office: 727.822.5566 | Direct: 727.308.2440 amanda@wjarc.com RE: LETTER OF COMMITMENT REQUEST FOR QUALIFICATIONS; #RFQ 08-23 DESIGN SERVICES - CLEARWATER LONG CENTER RENOVATIONS Dear Ms. Wiegman, I hereby make the unequivocal commitment that, in the event of an award of the subject contract, Thornton Tomasetti, Inc., as subconsultants to Wannemacher Jensen Architects, Inc., will fulfill the duties of Structural Engineer for the subject project requirements for the duration of this contract. Thank you for your consideration. Sincerely, David Fusco, P.E., LEED AP, Principal Thornton Tomasetti, Inc. 2001 K Street, NW, Suite 600 Tampa, FL 33602T +1.908.229.1191 E DFusco@ThorntonTomasetti.com REFERENCES CAE Office and Training Facility, Tampa, FL - Barr&Barr Robert Curren, Senior Superintendent rcurran@barrandbarr.com | (813) 591-4545 International Swimming Hall of Fame, Ft. Lauderdale- Hensel Phelps Ruben A. Bravo, LEED AP BD+C, FGBC, Business Development Manager RBravo@HenselPhelps.com | (954) 870-6599 Jabil Global Headquarters, St. Petersburg - Skanska USA Bob Cloyd, Project Executive rcloyd@skanska.com | (813) 955-3470 01/10/2023 Re:Memorandum of UnderstandingClearwater Long Center Natatorium Amanda WiegmanWannemacher Jensen Architects Inc.132 Mirror Lake Drive N. Unit 301St Petersburg, FL 33701 Dear Ms. Wiegman, Dark Moss 308 E 7th Ave • Tampa, Florida 33602 • 813-532-3440308 E 7th Ave • Tampa, Florida 33602 • 813-532-3440 Please accept this letter as Dark Moss’s commitment to provide Landscape Architectural Services with the Wannemacher Jensen team for the above referenced project. We understand the scope of work requested and commit to providing our qualified and experienced resources. We appreciate the opportunity to join your team and look forward to working with you on this important project. If we can be of further assistance, please do not hesitate to contact us at 813-532-3440. Sincerely, Richard PeterikaPresident Attachments: None REFERENCES Gardner Brewer Hudson Tyler J. Hudson, Partner thudson@gardnerbrewer.com | (813) 221-1580 BRADLEY ARANT BOULT CUMMINGS LLP Gina Grimes, Partner ggrimes@bradley.com | (813) 559-5505 Blue Sky Communities Shawn Wilson, Founder and President swilson@blueskycommunities.com | 813-514-2100 4PROJECT APPROACH 18 PROJECT APPROACH WJArchitects | City of Clearwater RFQ-08-23 PROJECT APPROACH Summary of Approach Our project approach and workplan is thorough and grounded in years of experience working on similar projects. During the feasibility study we will explore numerous options for the Natatorium. We will be your partner from beginning to end - carefully considering every decision and its effect on the big picture to produce the highest quality, optimally functional, cost-effective result. Project Kick-off Following the award of the project we will promptly organize a meeting with your project team to finalize the scope of work, document project goals and objectives, develop project schedules and establish parameters that will guide the project team throughout the project’s duration. This time will also be used to identify project stakeholders and other groups that will be instrumental in the design and planning processes. This time will also be used to talk through potential scenarios the city wants to explore and talk through potential roadblocks or opportunities that may be presented. Communication & Coordination Our Team knows that coordination is absolutely vital for the success of any project. We recognize the level of coordination is dependent upon the extent of the proposed design requirements, and we establish a standard protocol to ensure that all interested parties and stakeholders are informed regarding the project status. Stakeholder Input Our team understands the importance of consensus building and stakeholder participation. Before we propose any sort of conceptual design for your facilities, we will meet with City personnel to understand how the department uniquely operates. By involving key stakeholders prior to an initial concept plan, the process avoids immediate negativity or objection to a specific element and instead focuses on items that encourage stakeholder participation in the process. The City staff will ultimately have a true feeling of ownership in the project with their input being directly translated into the design from the conception to completion. Internal Coordination Our staffing and coordination process begins with selecting the Project Manager that best suits the project based on their experience with the project type and their availability to devote their full attention to the project. To ensure we have the proper support that each project requires, we evaluate our current workload and staffing on a weekly basis. We are then able to easily forecast and adapt to changes in project workload to ensure all projects remain on schedule. Cost Control & Estimating Cost control is integral to the design process from the beginning and will guide every phase of the work. Early decisions during programming and the early design phase meetings have the biggest impact on the budget. It is crucial to create well-documented consensus between the City and WJ at the inception of the design process relating to building square footage, configuration, systems, program, scope and overall project goals. We take a pro-active stance towards cost adherence. An early development of a cost model, proper contingencies, and straight forward building envelopes and systems are all elements in our constant effort to contain costs within budget. A unique characteristic of our firm is that we also have a construction division, WJCreate, where we provide comprehensive construction management services. This gives our team a thorough understanding of the local subcontractor market, the availability of resources, and design components that effect the bidding and construction process. It also gives us the ability conduct in-house cost-estimates throughout the design process before a contractor is selected. Our local construction management experience allows us to maintain accurate and current cost information and design according to current market conditions. While every project is unique the processes and steps to delivering a successful project remain relatively constant. The following narratives represent the work plan, collaborative processes, and general approach to providing services to the City of Clearwater. Northshore Pool, St. Petersburg, FL 19 PROJECT APPROACH WJArchitects | City of Clearwater RFQ-08-23 Programing & Schematic Design The programming and initial schematic process is the most important phase of any project, so it is important to spend the necessary time and energy during this period. The accuracy and completeness of the program document will ultimately save time and money in the later phases and facilitate a smooth design process. Our approach to successfully create a workable program begins with understanding your goals and identifying who can best help to put them on paper. A coordinator, preferably a decision maker, should be identified for each stakeholder group. They will be tasked with communicating all information between the user group and the design team. Prior to the first programming meetings with the various departments, an agenda/questionnaire is prepared and circulated to the department coordinators. The agenda asks about storage needs, adjacency, privacy or security requirements, millwork requests, special equipment, etc. These items are then identified in the final program document so that data and electrical needs can be properly coordinated. Typically, our team will also tour the existing spaces to get a better understanding of how each department uniquely operates and gather information that will influence the design of the future facility. Design Process After we have established the program and project goals during the programming and the early stakeholder input process, we begin design. Our design approach is to generate many alternative concepts. Each scheme is then analyzed for its ability to meet the established goals in the most efficient manner. A list of pros and cons are developed covering topics such as accessibility, building Southwest Recreation and Aquatics Complex, Largo, FL A REPRESENTATION OF THE COMMUNITY When developing an aesthetic design direction for John Marble Park Recreation and Aquatics Center WJA prepared several conceptual renderings depicting different architectural styles being proposed for the new facility. These designs were then presented to and voted on by the city officials and community members. 20 PROJECT APPROACH WJArchitects | City of Clearwater RFQ-08-23 efficiency, views, opportunity for growth, operational costs, income opportunities and other important parameters identified earlier in the process. Illustrative sketches will be developed as necessary to successfully convey the design intent and the complexes spatial relationships, scale, and form. Similar to the programming workshop, these initial concepts will then be reviewed with the stakeholders at an assembly meeting. We will discuss the results from the prior meetings and correlate what we learned from those meetings to the concepts being presented. We will gather further input on these concepts and in collaboration with the city, we will identify elements and concepts that will be carried over into the final plan. After all the facts and opinions have been gathered on the initial concepts the final plan will begin to take shape. Upon completion of schematic design, a cost estimate will be developed, and a comprehensive package will be presented to the City for further approval before continuing. Project Scheduling At the beginning of the project, we will generate a project design schedule based upon the input we receive from you, accommodating your milestones dates and using timelines and that we have established based upon our previous experience with similar projects. Below is a draft schedule we put together for the Long Center Natatorium based on dates proposed in the RFQ. We take pride in creating detailed project schedules at the beginning of project and we make are diligent about keeping it up to date. This schedule is then distributed to all design team members and consultants periodically throughout the project. The project is also integrated into our offices internal project calendar system where we can see all project deadlines. This integration allows for us to properly staff each project and forecast our workload to ensure our resources are used where needed to deliver your project on schedule. WJA typically has a session with all stakeholders to establish a master schedule from design criteria through construction accounting for all design, city, permitting, and construction milestones. WJA then creates a “live” schedule using Microsoft Project. If any task changes duration, then the change will be immediately reflected through the entire schedule. WJA will be extremely proactive anticipating potential speed bumps and ensure that the schedule is met. Interior Design We provide in-house Interior Design Services for each project. An interior designer is part of every project team and assists the Project Architect/Manager with all things interior related. They research materials, create color boards, assemble materials and finishes, create furniture packages, and assist in bidding and construction administration. Long-Term Sustainability Our team seeks to provide optimal value for both the initial and long-term investment. With this goal in mind the design is continually analyzed for its initial cost of construction and long-term economic sustainability. Generally speaking, municipal funding for facility operations and maintenance has not been keeping pace with the funding of construction of new facilities. Therefore, it is important that new infrastructure is designed to be as low maintenance and durable as possible. We address this issue as a standard part of our approach and will work with you to not only create sustainable facilities but developed strategies to create revenue generating Aug Oct NovSep2023 2024FebMarAprJanMayJunJulyDec Feb Mar Apr May Jun Jul Aug Sep OctJan STAKE HOLDER REVIEW Plan Development, Site planning Design Review, University Committees Design Phase 41 wks +/ - MILESTONE EVENT OR ACTIVITYTentative DESIGN DURATIONConcurrent to Review | Design Scope Verification, survey Geotech, survey updates, etc. stakeholder review stakeholder review stakeholder review Permit Approval CONSTRUCTIONDOCUMENTS (100%) STAKEHOLDER REVIEW Systems, Envelope Design, SpecsDESIGN DEVELOPMENT STAKEHOLDER REVIEW BIDS & PERMIT PRE-DESIGN SCHEMATIC DESIGN LONG CENTER NATATORIUMProposed Schedule STAKEHOLDER REVIEW CONSTRUCTION & CLOSE OUT 6 wks 5 wks 14 wks 12 wks 1 wk 17wks 56 wks 2 wk 1 wk 21 PROJECT APPROACH WJArchitects | City of Clearwater RFQ-08-23 spaces and minimize maintenance and operations costs. A critical component of this analysis is an understanding of the best practices, flexible programming, appropriate materials, efficient building systems and alternative construction methods. Green Design & Energy Efficiency WJA has completed eleven LEED Certified Buildings, including the country’s first LEED Platinum Community Center, Largo Community Center, and we have another two that are currently in the certification process. We have also recently designed a LEED Silver (certification pending) Shore Acres Recreation and Aquatics Center which won the 2022 AIA Tampa Bay Sustainability Award of Excellence for Architecture. While not every project seeks official certification, we aim to incorporate “green” design components in every project. In order to provide the optimal value for both initial and long-term investment, sustainable materials are specified, passive cooling strategies are employed, and green systems design – like plumbing efficiency, intelligent lighting, and energy efficient mechanical systems are incorporated into the building design, especially when there is little to no additional first cost. We specify extremely durable materials that are easily maintained, keeping rescue personnel on duty performing their intended job and not on building maintenance. Smart Building Technology WJA has extensive experience implementing various types of Smart Building Technologies. Some examples include HVAC control integration for multiple stations operating on one software with data retention and analyzation capabilities, Security Access coordination across multiple stations using a central software database to control and monitor onsite activities, AV/IT integration and hardware specification, smart lighting controls, and solar energy recording for ROI tracking. Security Integration CCTV cameras and access technology have become the backbone of the security of all buildings, but the design of the building plays a substantial role in providing a safe space for its occupants. Lines of sight for monitoring, areas of hiding during lock downs, and controlled separation of spaces within the building are passive techniques to provide security through design. Material use provides a layer of security that most often remains unseen. Coastal Design, FEMA Flood Zone and CAT V Requirements WJA has worked extensively with coastal municipalities regarding the design and construction of Essential Facilities in flood prone areas. With offices all in coastal regions: St. Petersburg, Tarpon Springs, Downtown Sarasota, Miami, and West Palm Beach, a majority of our projects take into consideration coastal requirements. Some examples include Clearwater Beach FS46, Madeira Beach Municipal Center (City Hall, Recreation Complex, Fire Station, and Park), John Marble Park (located in a flood zone and designed as a ShoreAcres Recreation and Aquatics Center, St. Petersburg, FL 22 PROJECT APPROACH WJArchitects | City of Clearwater RFQ-08-23 hurricane evacuation shelter), Tierra Verde FS21, South Pasadena Fire Station, and Miami Beach FS01. WJA also has experience with coordinating FEMA LOMR and CLOMR requests in conjunction with our experienced Flood Engineers and Coastal Consultants. Bidding, Permitting & Construction Admin WJA will assist the city with their RFP/Bid for Construction process as necessary. We will respond to questions from the owner, review proposals, and assisting with bid addenda as necessary. The team that is assigned to the project from the beginning is committed to the project through completion. The project manager involved with the original design continues during construction, attending job site meetings, reviewing shop drawings, responding to phone calls, and answering RFIs. In addition to the regularly scheduled job site meetings, our team will visit the job site periodically to review finishes, observe the quality of work in place and assist in the resolution of a conflict. WJA acts as the client advocate in all construction matters. We monitor construction progress according to the schedule and review the work in place to ensure that the quality specified is what is delivered. QUALITY MANAGEMENT Technology and Software Problems typically occur on the job site and generally arise out of a lack of properly coordinated consultant drawings. We have embraced Procore, a cloud-based construction management software program. Procore helps to increase project efficiency and accountability by streamlining and mobilizing project communication and documentation. Our project manager, sub-consultants and contractors can all connect to the system allowing us to communicate more efficiently and coordinate more effectively. This all-in-one construction management software allows the entire team to view, edit, and respond to all project related items at any given time and from any device, including an iPhone. This includes, but is not limited to, project requirements, budget, schedule, meetings (including meeting minutes), submittals at every stage, comments, punchlists, and photographs. We have embraced a cloud-based computer software program and BIM 3D software called REVIT and collaboration software from Autodesk 360. This enables us to share a single unified model with our sub-consultants in lieu of hundreds of drawings. This results in better coordinated, more technically accurate construction drawings and fewer issues in the field. REVIT has the ability to export to the CAD compatible formats and provides a better tool for overall collaboration and generating cost schedules. Benefiting from the robust Autodesk AEC collection we also use Enscape, a premium real-time rendering plugin for REVIT. With just one click, we can start Enscape and within seconds walk through your fully rendered project where all changes in REVIT are immediately available to evaluate three dimensionally. This allows us to quickly produce 3D visualizations of the project insuring a more complete picture of your project is represented throughout the design process. During construction, we coordinate BIM software and clash detection with sub-contractors shop drawings and on site construction administration with BIM visualization. The firm has been dedicated to BIM software and delivery for the last decade. WJA Team Member Utilizing Enscape 23 PROJECT APPROACH WJArchitects | City of Clearwater RFQ-08-23 Quality Assurance / Control Quality control is a meticulous process in our office utilizing the expertise of all the firm’s resources. At every major milestone, deliverables go through a rigorous review process by the project’s Principal-in-Charge and from senior staff members not currently working on the project. Our team is dedicated to producing documentation that adheres to the highest standards in the industry. As a firm we have earned a reputation for consistently producing quality, comprehensive, and clear drawings that lead to better bids, fewer RFIs and better constructed buildings. Project Management Primary contact and accountability will be with Chris Dunn. Chris will be involved in every aspect of the proposed project. He will ensure that all parties adhere to the budget, schedule, and do not allow scope creep. Any changes in scope will be promptly identified and an estimate would then be submitted to the city for final approval. Each projects assigned Project Manager will oversee all documentation and lead our team of production, and sub-consultants to produce the design documents for the project according to code compliancy and industry standards. In addition, every project goes through our technical Quality Control team members. This serves as a fresh set of eyes for double- checking details. As our team reviews the drawings for specification information, they are also double-checking details, cross referencing notes and confirming coordination between our drawings and the Consultants plans. Technically correct, well-coordinated documents result in tighter bids and fewer change orders during construction. Value Engineering WJA analyzes all the functions of a program, project, system, product, equipment, building, facility, service, or supply of an executive agency, performed by qualified agency or contractor personnel, directed at improving performance, reliability, quality, safety, and life cycle costs. We view value engineering as a creative, organized effort, which analyzes the requirements of a project for the purpose of achieving the essential functions at the lowest total costs over the life of the project. There are three key phases (Planning, Design, and Construction) where value engineering is applied. During Planning, we carefully review the program, listen to the Owner’s goals, and offer solutions to best utilize the square footage needs per function and adjacency solutions. Planning is the most important phase. Reducing square footage can have the most significant impact on project costs. During Design, we thoughtfully select and specify products and materials that meet the needs of function, initial cost, and long-term cost. During Construction, we review contractor- generated proposed solutions and product/material changes elements in our design that set a positive mood We closely evaluate the proposed changes to make sure these changes are beneficial to the Owner and have no negative impact on the overall design intent or building function. Fire Station #8 HVAC, St. Petersburg, FL “Of our thirteen stations Fire Station 8 requires the lowest maintenance and is the only station that I don’t have to constantly fix the Air Conditioning system. It’s now our prototype, don’t change anything on the next one.” Chief Basset, St. Petersburg Fire Department 5UNDERSTANDING OF NATATORIUM ENVELOPE DESIGN HEATING, VENTILATION, AND AIR CONDITIONING BEST PRACTICES, STANDARDS, AND CODES AND CITY’S GREENPRINT 2.0 25 UNDERSTANDING OF NATATORIUM ENVELOPE DESIGN AND HVAC BEST PRACTICES, STANDARDS, AND CODES AND GREENPRINT 2.0 WJArchitects | City of Clearwater RFQ-08-23 Our completed projects in the City of Clearwater demonstrate WJA’s familiarity with the Code of Ordinances, Construction Specifications and Standards, and Procurement process. Phillies Clubhouse Expansion Morningside Recreation Center Our proposed team is intimately familiar with Clearwater’s local codes, ordinances, and permitting procedures. We take pride in approaching each task with the intent to promote the health, safety, and quality of life in the City. WJA has provided Architectural Services for the City of Clearwater, large commercial clients within Clearwater, and for the Long Center. Our team’s recent work on the following City projects is testimony to our familiarity with the City’s procurement and construction standards: City of Clearwater Projects: • Clearwater Beach Marina Dock Replacement (Ongoing) • Downtown Clearwater Site Redevelopment Studies • Countryside Sports Complex • Northwest Recreation & Aquatics Center • Morningside Recreation Center • Clearwater Fire Stations 46 + 47 • Clearwater Parks Admin Building • Long Center Millwork • Cooper’s Point Observation Tower • Long Center Aging Well Center • Clearwater Facade Program 1 • North Greenwood Addition & Renovation Study • Phillies Clubhouse Expansion • Phillies Spring Training Complex • Clearwater Facades • Clearwater Boardwalk Guidelines • Clearwater MSB Remodel • Long Center Renovation and Remodel • Anderson Athletic Center • Saint Paul’s School • Crest Lake Park Master Plan • Bayside Call Services Center • Tech Data Office Building Progress Energy/Duke Energy Clearwater Projects: • PE Clearwater Dispatch • PE Clearwater VP Office • Clearwater VP Office • Clearwater Admin Ops Evac Plan • Progress Energy Clearwater Building Study Our team have served for more than 20 years as the City’s Architect of Record and our subconsultants have served as the City’s Engineer of Record, providing services to multiple municipal departments, including parks & recreation, engineering, fire, and environmental. Our efforts ensure that development and redevelopment projects enhance the value of surrounding properties. Our team has assisted the City in its beautification process for many years and looks forward to the continued enhancements planned for the future. The Long Center + Aging Well Center Morningside Recreation Center 26 UNDERSTANDING OF NATATORIUM ENVELOPE DESIGN AND HVAC BEST PRACTICES, STANDARDS, AND CODES AND GREENPRINT 2.0 WJArchitects | City of Clearwater RFQ-08-23 Recently Completed: FAST Aquatics The Florida Aquatics Swimming & Training (FAST) facility is the new premier aquatic training and Olympic training competition venue in the Southeast United States. The facility provides elite training for swimmers of all levels with the goal of producing the next generation of future champion swimmers. The natatorium features an indoor cast- in-place concrete 10-lane/50-meter/25- yard Olympic competition pool with seating for more than 2,000 spectators. The outdoor “L” shaped pool includes the 5-lane 25-yard warm-up area and 7-lane 50-meter/25-yard/25-meter 2021 Olympic Trials warm-up pool by Myrtha Pools with a second level outdoor deck. In re-utilizing an existing pool there was a savings in material and energy in production. There are two indoor/outdoor video scoreboards with Colorado Timing System as well as a timing room. The scale of the natatorium is very large to provide wide deck space for swimmers and great viewing opportunities for spectators. Semi-custom trusses helped achieve this span while minimizing structural elements, focusing attention on the activity in the pool. A large fritted glass curtain wall connects the indoor pool to the large outdoor pool for spectators while filtering the direct sunlight into the indoor pool. The facility is equipped with top-tier equipment to train, host, and engage in recreational activities at the local, state, regional, and national level. Challenges for the project were meeting the needs of all the users involved. The facility was designed to meet the needs of swimmers of all abilities. The facility provides a space for young swim lessons, senior fitness classes, water polo, and competitive swimming to name a few. The project is able to accommodate the wide range of swim programs through specializing each pool to provide a unique function. The outdoor pool has area for shallower class instruction swimming while the indoor pool provides the depth for synchronized swimming, water polo, and up to 3m diving. The project includes meeting spaces for teams and coaches as well as a combination of 2,500 sf aquatic and dryland fitness spaces for athletic cross training that provides a full programming opportunity for athletes. There is also an outdoor splash pad has decorative play structures for children. “I’ve seen a lot of facilities in my day, easily one of the best.” Ryan Lochte, 12-time U.S. Olympic medalist in referencing the FAST Aquatics facility Source: @ryanlochte Instagram Image of Sarah Lyons, Ryan Lochte, and Jason Jensen (from left to right) at the FAST Aquatics Grand Opening. 27 UNDERSTANDING OF NATATORIUM ENVELOPE DESIGN AND HVAC BEST PRACTICES, STANDARDS, AND CODES AND GREENPRINT 2.0 WJArchitects | City of Clearwater RFQ-08-23 Natatorium Design Knowledge, Climate Control, Maintenance, and Operations Indoor aquatics facilities present unique challenges to moisture, temperature, and ventilation control not seen on other project types. Our experience on the very successful “FAST” natatorium in Oc- ala demonstrates some of the key design strategies that must be implemented. Containing and isolating the indoor air environment is a critical starting point. The treatment of the natatorium can be ex- tensive, so limiting the area of enhanced features is key. This should be done with negative air pressure inside the natatorium. Air cycles should remain isolated inside and not be pushed out to adjacent spaces. The natatorium should be “air-tight” with a paint coating that acts as vapor barrier so corrosive air does not penetrate beyond the walls. Similarly, the roof deck should be coated, and coating should be monitored, for vapor-tightness. Treating the air to cycle out airborne pool chemicals is the next step in designing a natatorium. Using air handling equipment manufactur- ers designed specifically for indoor aquatic environments will best ventilate the air. This air, given the heat distributed from the pool, will mostly need to be conditioned. The distribution of the fresh condi- tioned air must be taken into consideration. The corrosive environ- ment created by a natatorium will threaten every surface and element including the ductwork and its hangars. At FAST we utilized “duct sox” as the fabric is corrosion resistant and can push large amounts of air around the space. Ongoing maintenance and service is key for keeping a natatorium in quality condition. Keeping light fixtures and other ceiling suspended items out of the footprint of the pool allows servicing to occur on the pool deck (rather than draining the pool). HVAC Best Practices, Standards, and Codes Emerald Engineering, Inc. recently completed the HVAC design and construction on the FAST facility in Ocala, Florida. It is one of the largest natatoriums in the southeast United States. It’s hard to believe, but there are very few building codes that govern the HVAC design and construction of indoor pools. Ventilation requirements are only briefly listed in the Florida Building Code. We recognized this early on and added a sub-consultant with 50+ years of aquatics design, planning, and operations experience. They provided a lengthy recommendation guide for the design team specific for our project. In addition, we discovered and used numerous design guidelines written by engineering organizations such as ASHRAE and HPAC and by pool air conditioning manufacturers such as Desert Aire and PoolPak. We also toured existing natatoriums and talked with other designers. A successful HVAC design for a natatorium will utilize all these resources. Discussions with the owners and users is also critical. The air in an indoor pool should be maintained 2 degrees above the water temperature for optimal human comfort, so deciding on a water temperature is important to discuss. Other design considerations include reducing/controlling condensation (which will likely occur in some degree in all natatoriums), evaporation of the pool water, air exchanges (about 6 is recommended depending on the geometry of the space), controlling the movement of chlorine odors through the space, maintaining a negative pressure with respect to the rest of the building, and utilizing corrosion resistant materials. The ductwork should be wrapped around the perimeter of the pool. Air should be blown directly on the exterior glass and not toward the pool surface. Chlorine gas tends to hover a few feet above the pool surface, so low exhaust grilles should be placed on one side of the pool. There are no codes requiring any of this. It all has to be researched and learned. Perhaps the most crucial HVAC design element is the sequence of controls for the various pieces of HVAC equipment serving the space. Much of our design time was spent on developing these sequences that tailored to the exact operation of the natatorium. A good design is only as good as it functions! FAST Under Construction HVAC Design Natatorium Sequence of Operations 28 UNDERSTANDING OF NATATORIUM ENVELOPE DESIGN AND HVAC BEST PRACTICES, STANDARDS, AND CODES AND GREENPRINT 2.0 WJArchitects | City of Clearwater RFQ-08-23 Inspiring and innovative designs often result from architecture that is not only sensitive to its environment but also resonates with all user groups. WJA strives to achieve these with all of our projects. Long-Term Sustainability & Greenprint 2.0 We are committed to integrating sustainable and energy-efficient de- sign strategies in our projects. Sustainability is more than a checklist of resource-saving technologies or complex building performance targets; it is a fundamental commitment to our environment. We take a holistic approach to understanding how sustainable design and architectural creativity can be synthesized into beautiful, inspiring, and welcoming spaces that will serve building users today without compromising the needs of tomorrow. One of the goals in GreenPrint 2.0 is to achieve a 10% energy reduc- tion in municipal buildings by 2025 and 20% by 2030; we see the Long Center Natatorium a part of this goal. One of the most critical actions needed to create a more sustainable community and future is to reduce the amount of energy used through efficiency improve- ments in the existing building, and the develop the new building or renovate the existing building to high-performance standards, com- bined with a shift to renewable energy sources. Our team seeks to provide optimal value for both the initial and long-term investment. With this goal in mind, the design is analyzed continually for its initial cost of construction and long-term economic sustainability. Generally speaking, municipal funding for facility oper- ations and maintenance has not been keeping pace with the funding for the construction of new facilities. Therefore, new infrastructure must be designed to be as low maintenance and durable as possible. We address this issue as a standard part of our approach and will work with you to create sustainable facilities and develop strategies to develop revenue-generating spaces and minimize maintenance and operations costs. A critical component of this analysis is an understanding of best practices, flexible programming, appropriate materials, efficient building systems, and alternative construction methods. Green Design & Energy Efficiency WJA has completed eleven LEED Certified Buildings, including the country’s first LEED Platinum Community Center, Largo Community Center, and we have another two that are currently in the certification process. We have also recently designed a LEED Silver (certification pending) Shore Acres Recreation and Aquatics Center which won the 2022 AIA Tampa Bay Sustainability Award of Excellence for Archi- tecture. While not every project seeks official certification, we aim to incorporate “green” design components in every project. In order to provide the optimal value for both initial and long-term investment, sustainable materials are specified, passive cooling strategies are employed, and green systems design – like plumbing efficiency, intel- ligent lighting, and energy efficient mechanical systems are incor- porated into the building design, especially when there is little to no additional first cost. We specify extremely durable materials that are easily maintained, keeping rescue personnel on duty performing their intended job and not on building maintenance. Education and Awareness Goals One of the GreenPrint 2.0 strategies is to raise community awareness about the importance and benefits of sustainability. The city aims to create programs to educate and engage Clearwater citizens in green best practices and programs to achieve their awareness goals. WJA tries to incorporate such opportunities in our designs to include a Sustainability Education and Awareness, creating spaces that allow the City of Clearwater to host community events, workshops, pre- sentations, and educational exhibits. Citizens are welcome to interact with such areas anytime they visit, and City staff can easily have a space to serve as ambassadors and educators about the sustain- ability programs. Our team believes that the built environment plays a vital role in helping our local leaders inspire community action to achieve the City’s sustainability goals. ShoreAcres Recreation and Aquatics Facility, St. Petersburg, FL Doral Legacy Park and Recreation Center, Doral, FL 6LITIGATION 30 LITIGATION WJArchitects | City of Clearwater RFQ-08-23 LITIGATION To the best of our knowledge, information and belief after reasonable inquiry, there have been no convictions or fines incurred by Wannemacher Jensen Architects or any of its principals for violations of any state or federal law. WJA has had no claims or lawsuits against it have resulted in verdicts against WJA. All Past and Ongoing Lawsuits Case Number: 18-020135-CA-01 Acosta Tractors, Inc v. Biltmore Construction Co., Inc. Status: Ongoing Wannemacher Jensen Architects, Inc. and the City of Doral are parties to a Professional Services Agreement dated May 6, 2014 (“Agreement”). Pursuant to the Agreement, Wannemacher was “to provide architectural, engineering, and interior design services” for the design of the Project. The Project’s Construction Manager, sued the City, in a Third-Party Complaint in an action currently pending in Miami-Dade County, Florida, Acosta Tractors, Inc. v. Biltmore Construction Co., Inc., Case No. 18-020135. The Third-Party Complaint brings claims for damages against the City, arising out of alleged obligations to pay Biltmore in connection with original construction and or repairing of the baseball field. The City has claimed design flaws by the Civil Engineer under WJA’s contract that have resulted in the retention of water in the baseball field, and that Wannemacher defend, indemnify and hold the City harmless for any claims (including but not limited to damages, judgments, attorneys’ fees, and costs) against the City in connection with the baseball field, including the claims made in the Third-Party Complaint and any other claims that may be made. Case Number: 18-004993-CI Marlene Starr and Ted Starr v. Wannemacher Jensen Architects, Inc. Status: Voluntarily Dismissed in 2021 WJA completed interior design services for the 28th floor Fitness Room for Bayfront Tower Condominium. The Plaintiff alleged the new design and expansion created recurring impact noise and acoustical problems within their residence. WJA was not made aware of or contracted by Bayfront to address any structural acoustical conditions. WJA’s scope of interior design services related to the 28th Floor Fitness Room was limited to the interior program and did not extend past the face of existing walls and floors. The Plaintiff voluntarily dismissed all claims on 7/9/2021 and the case was closed. 7OTHER FORMS 32 OTHER FORMS WJArchitects | City of Clearwater RFQ-08-23 EXCEPTIONS/ADDITIONAL MATERIALS/ADDENDA Design Services – CWT Long Center Renovations 14 RFQ #08-23 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__________________Wannemacher Jensen Architects, Inc. January 11, 2023 X X 33 OTHER FORMS WJArchitects | City of Clearwater RFQ-08-23 COMPANY INFORMATION Design Services – CWT Long Center Renovations 15 RFQ #08-23 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. Wannemacher Jensen Architects, Inc. 132 Mirror Lake Drive North, Unit 301 St. Petersburg FL 33701 (727) 822-5566 N/A jason@wjarc.com www.wjarc.com N/A N/A N/A Jason Jensen (727) 308-2711 N/A jason@wjarc.com Chris Dunn N/A chris@wja.com(727) 308-2247 X N/A 797848751 City of St. Petersburg 34 OTHER FORMS WJArchitects | City of Clearwater RFQ-08-23 The City of St. Petersburg Small Business Enterprise Certification This certificate is awarded to WANNEMACHER JENSEN ARCHITECTS, INC. SBE Certification Number: 6713 This certificate is applicable in Architectural and Interior Design Services, The City of St. Petersburg Certified: October 29, 2020 Expires: October 29, 2023 Stephanie Swinson, Esq. Contracts Compliance Manager 727-893-4109 Stephanie.Swinson@stpete.org 35 OTHER FORMS WJArchitects | City of Clearwater RFQ-08-23 RESPONSE CERTIFICATION Design Services – CWT Long Center Renovations 16 RFQ #08-23 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: Wannemacher Jensen Architects, Inc. Jason Jensen President January 11, 2023 36 OTHER FORMS WJArchitects | City of Clearwater RFQ-08-23 37 OTHER FORMS WJArchitects | City of Clearwater RFQ-08-23 38 OTHER FORMS WJArchitects | City of Clearwater RFQ-08-23 39 OTHER FORMS WJArchitects | City of Clearwater RFQ-08-23 40 OTHER FORMS WJArchitects | City of Clearwater RFQ-08-23 State of Florida Department of State I certify from the records of this office that WANNEMACHER JENSENARCHITECTS,INC.is a corporation organized under the laws of the State ofFlorida,filed on November5,1992. The document number of this corporation is P92000002451. I further certify that said corporation has paid all fees due this office throughDecember31,2022,that its most recent annual report/uniform business reportwasfiledonJanuary24,2022,and that its status is active. I further certify that said corporationhas not filed Articles of Dissolution. Given undermy hand and theGreatSealoftheStateofFloridaatTallahassee,theCapital,thistheTwenty-fourth dayof January,2022 Tracking Number:0542674767CC Toauthenticatethiscertificate,visitthe followingsite,enter this number,andthenfollowtheinstructionsdisplayed. https://services.sunbiz.org/Filings/CertificateOfStatus/CertificateAuthentication Wannemacher Jensen Architects Florida Corporation Registration Jason Jensen, President Qualified Business Agent Florida Department of Business and Professional Regulation’s License 41 OTHER FORMS WJArchitects | City of Clearwater RFQ-08-23 Form W-9 (Rev. October 2018) Department of the Treasury Internal Revenue Service Request for Taxpayer Identification Number and Certification ▶ Go to www.irs.gov/FormW9 for instructions and the latest information. Give Form to the requester. Do not send to the IRS.Print or type. See Specific Instructions on page 3.1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. 2 Business name/disregarded entity name, if different from above 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the following seven boxes. Individual/sole proprietor or single-member LLC C Corporation S Corporation Partnership Trust/estate Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ▶ Note: Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single-member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner. Other (see instructions) ▶ 4 Exemptions (codes apply only to certain entities, not individuals; see instructions on page 3): Exempt payee code (if any) Exemption from FATCA reporting code (if any) (Applies to accounts maintained outside the U.S.) 5 Address (number, street, and apt. or suite no.) See instructions. 6 City, state, and ZIP code Requester’s name and address (optional) 7 List account number(s) here (optional) Part I Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later. Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter. Social security number –– or Employer identification number – Part II Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later. Sign Here Signature of U.S. person ▶Date ▶ General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid) • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X Form W-9 (Rev. 10-2018) Wannemacher Jensen Architects,Inc. 132 Mirror Lake Drive N Unit 301 St Petersburg,FL 33701 5 9 3 1 5 0 6 9 3 1) Associated Space Design, Inc 2) Wannemacher Jensen Architects, Inc dba ASD|SKY 132 Mirror Lake Dr N, Ste 301 1240 E 5th Ave.St. Petersburg, FL 33701 Tampa, FL 33605 727.822.5566 813.223.2293 3) Williams Architects Associates, Ltd. dba Williams Architects 360 Central Ave, Ste 800 St. Petersburg, FL 33701 727.914.9893 ADVERTISED: TAMPA BAY TIMES 11/23/2022 POSTED:myclearwater.com 11/22/2022-01/11/2023 Due/Opening: January 11, 2023; 10:00 a.m. REQUEST FOR QUALIFICATIONS TO BID No. 08-23 Design Services - Clearwater Long Center Renovations Solicitation Response Listing FOR THE CITY OF CLEARWATER Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-0748 Agenda Date: 8/3/2023 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.5 SUBJECT/RECOMMENDATION: Approve a proposal from Keystone Excavating, of Oldsmar, FL, for Kings Highway over Stevenson’s Creek Retaining Wall (21-0038-EN) at the Guaranteed Maximum Price of $435,087 pursuant to Request for Qualifications (RFQ) 40-20, Construction Manager at Risk for Continuing Contracts and authorize the appropriate officials to execute same. (consent) SUMMARY: September 17, 2020, City Council approved the use of Construction Manager at Risk (CMAR) Services for Continuing Contracts per RFQ 40-20, to thirteen firms with Keystone Excavating Company, Inc., being one of the thirteen firms selected. These firms were selected in accordance with Florida Statutes 255.103 and 287.055 based upon construction experience, financial capability, availability of qualified staff, local knowledge, and involvement in the community. Keystone Excavating was selected for this project due to the firm having extensive experience in other similar projects. The Stormwater Division of Public Works is responsible for inspection and maintenance of Stormwater facilities along Stevenson’s Creek near Kings Highway. During annual bridge inspections it was discovered that the retaining wall on the North-West side of Kings Highway Bridge over Stevenson’s Creek is at the end of its useful lifespan and in need of replacement. This project will replace the retaining wall, provide stability, and prevent erosion to the top of the bank at Stevenson’s Creek. The project will take 12 weeks to complete. APPROPRIATION CODE AND AMOUNT: ENST180004-CONS-CNSTRC $435,087.00 Funds are available in the capital improvement project ENST180004, Stevenson’s Creek, to fund the proposal. Page 1 City of Clearwater Printed on 8/1/2023 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-0802 Agenda Date: 8/3/2023 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.6 SUBJECT/RECOMMENDATION: Approve a Work Order to Advanced Engineering and Design, Inc. of Pinellas Park, FL, for Island Way Road Improvements (23-0019-EN), in the amount of $183,773.25, pursuant to Request for Qualifications (RFQ) 26-19, Engineer of Record Consulting Services (EOR), and authorize the appropriate officials to execute same. (consent) SUMMARY: The City identified a need for roadway improvements along Island Way located on Island Estates. The specific limits of improvements are from Clearwater Memorial Causeway to Palm Island Northeast. Deficiencies have been observed within the roadway’s wearing surface. Additionally, driving the roadway suggests that a non-uniform cross slope is present resulting in less than desirable driving conditions. Site observation also suggests that a uniform flowline is not present along the edge of pavement resulting in intermittent localized ponding. This work order will generate construction plans to establish uniform cross sections and linear grades throughout this portion of Island Way. All curbing will be replaced and Full Depth Asphalt Reclamation (FDR) reconstruction alternative will be utilized to rehabilitate the roadway resulting in improved structural capacity. FDR is an in-place recycling method where the full thickness of existing pavement, a portion of the base material, and a small amount of add mixture, are pulverized, and placed on the roadway as a new surface. Advanced Engineering & Design (AED), a reliable/listed city Engineer of Record (EOR), was selected in-house to complete this road resurfacing project based on past project performance, relationship with the city, and the ability to design and complete the project satisfactorily in a timely manner. Also, AED is the EOR for Project 19-0032-EN : Old Clearwater Bay and Nash Street, which has the same project manager from the City as this Project, which simplifies the process for all parties involved on both projects. APPROPRIATION CODE AND AMOUNT: ENRD180004-DSGN-PROSVC $183,773.25 Funds are available in capital improvement project ENRD180004, Streets and Sidewalks , to fund this Work Order. Page 1 City of Clearwater Printed on 8/1/2023 Consultant Work Order Page 1 of 11 Revised: 11/28/2022 CONSULTANT WORK ORDER Date: 3/20/2023 1. PROJECT INFORMATION: Project Title: Island Way Roadway Improvements City Project Number: 23-0019-EN City Plan Set Number: 2022017 Consultant Project Number: 23.CL-39 2. SCOPE OF SERVICES: The City has identified the need for roadway improvements along Island Way located on Island Estates. The specific limits of improvements have been defined as from Clearwater Memorial Causeway to Skiff Point for the base scope of work. The northern limits may be extended to Palm Island NW if deemed necessary by the City. Deficiencies have been observed within the roadway’s wearing surface resulting in the need for milling and resurfacing. Additionally, driving the roadway suggests that a non-uniform cross slope is present resulting in less than desirable driving conditions. Site observation also suggests that a uniform flowline is not present along the edge of pavement resulting in intermittent localized ponding. Base improvements are anticipated to address the deficiencies discussed above. However, traffic volume on this segment of roadway is significant and alternate routes are not available. As such, there is a need to perform these improvements in a manner that minimizes lane closure durations. It is for this reason that full depth reclamation (FDR) has been identified as the proposed method of base rehabilitation. The use of FDR will address the base issues while also offering an opportunity for cross slope standardization and flow line profiling. Curbing is proposed to be replaced within the entire limits of the project. Stormwater and other public utility improvements are not proposed. In an effort to perform the base improvements in a manner that minimizes lane closures, slight roadway width modifications are proposed. This is proposed to be accomplished by reconstructing the curbing at a minimal offset from the existing edge of pavement. This offset is anticipated to be variable throughout the project. Doing so will result in impacts to existing irrigation facilities serving the landscaped medians. A degree of impact to the landscaping located within said medians is also anticipated. It is our understanding that the City will be pursuing this work through annual contracts. Coordination with these entities is anticipated during the plan development phase. CONSULTANT WORK ORDER Island Way Roadway Improvements Advanced Engineering & Design, Inc. 23-0019-EN City of Clearwater Consultant Work Order Page 2 of 11 Revised: 11/28/2022 Advanced Engineering & Design, Inc. will provide design, permitting, procurement and construction administration services for this project. The design plans shall be compiled using the City of Clearwater CAD standards, as attached. I. PRE-DESIGN PHASE: Task 1.1: The City-provided topographic survey(s) will be field verified based upon surficial observation. AED will submit a formal data request outlining the specific records that are being requested for design. Information provided by the City in response to the data request will be reviewed and findings will be incorporated into the proposed improvements. Platted easements will be identified on the topographic survey. Locations where accessibly standards are not met will be documented and reported to the City. Additional topographic data will be obtained to document edge of pavement elevations. This data will be added to the City-provided survey. Task 1.2: Preliminary utility coordination will be performed by AED. This task will focus on private utilities present within the project area. Information such as utility location, depth, type and condition will be requested from involved utility companies. These records will be reviewed and incorporated into the proposed improvements. Task 1.3: AED shall prepare a basesheet utilizing the topographic survey and available utility information. Plan and profile views will be developed. Profile views will be needed to document pavement elevations throughout the project. Driveway half sections will also be prepared in order to document existing driveway (and sidewalk) slopes. Task 1.4: A Typical Section will be prepared based upon a recommended structural number (SN). It is assumed that multiple sections will need to be prepared. A preliminary roadway alignment will also be identified. This proposed roadway alignment will attempt to balance landscaped median and sidewalk impacts. Task 1.5: A preliminary Temporary Traffic Control (TTC) typical section and phasing approach will be prepared for the City’s review. Task 1.6: Construction elements will be itemized, and costs developed utilizing the City’s annual contracts applicable for this project. It is believed that the work will utilize the roadway and stormwater annual contracts. Task 1.7: In an effort to document design assumptions, AED will prepare a Technical Memorandum. This memorandum will focus on the design factors considered when developing the preliminary plans. CONSULTANT WORK ORDER Island Way Roadway Improvements Advanced Engineering & Design, Inc. 23-0019-EN City of Clearwater Consultant Work Order Page 3 of 11 Revised: 11/28/2022 Task 1.8: AED will attend a meeting with City personnel to discuss comments to the Technical Memorandum/30% submittal. Meeting minutes will be prepared by AED and distributed to the City for review and commentary. II. INTERMEDIATE DESIGN PHASE (60%): Task 2.1: Private utility coordination will continue throughout the development of the 60% plans. Subsurface Utility Engineering (SUE) will be performed to obtain quality level “A” locates. Revisions to the construction plan basesheets (in both the plan and profile views) will be performed based upon the findings of these field activities. The proposed scope of work assumes between 8-12 “soft digs” to verify vertical and horizontal utility location. Task 2.2: If desired by the City, the northern limits of the project will be extended north of Palm Island NW. Additional topographic survey will be obtained to document the existing edge of pavement, curb and sidewalk elevations. Basesheets will be developed documenting the existing conditions and the proposed improvements will be depicted on these sheets. Additional specification preparation and quantity itemization tasks will be performed to ensure that the added area is incorporated into the final documents. Task 2.3: The roadway plan and profile will be advanced to reflect a 60% completion level. A profile will be identified for either side of the road. Grading limits beyond the back of curb will be delineated and sidewalk replacement will be identified only where required. Geometric information will be added to the plans to support future construction efforts. Task 2.4: Roadway cross sections will be developed utilizing profile data. Proposed curb elevations will be depicted, and transition slopes identified. Elevation transitions between proposed curbing and existing asphalt will be identified. Task 2.5: Driveway half sections will be developed utilizing proposed grading information. Suitable entry slopes will be confirmed for abutting properties. Task 2.6: Signage and Pavement Marking Plans will be developed. Pavement markings will support existing pedestrian facilities present at mid-block locations as well as intersections. CONSULTANT WORK ORDER Island Way Roadway Improvements Advanced Engineering & Design, Inc. 23-0019-EN City of Clearwater Consultant Work Order Page 4 of 11 Revised: 11/28/2022 Task 2.7: A Temporary Traffic Control (TTC) plan will be developed for each phase of the project. Specific phasing requirements will be identified. Task 2.8: Signalization plans will be prepared to address the removal of the signal loops during demolition operations. Existing pedestrian detectors and traffic signals will be re-established. New loops will be proposed. Task 2.9: A Demolition / Erosion & Sediment Control Plan will be developed. Proposed items to be removed or remain in service will be identified on this plan. Sediment control measures will also be identified as well as the location of erosion control measures. Tree impacts will be quantified. Task 2.10: Landscaping and irrigation rehabilitation will be depicted on the Landscaping and Irrigation Plan. Existing landscaping removed will be replaced location and species in-kind where feasible. Irrigation rehabilitation activities will also be identified. This includes spray head replacement (including control wiring and valves where needed) and possibly main line replacement should FDR depths impact the line. Task 2.11: Supplemental plan sheets will be prepared. These will include, but not be limited to, a Key Sheet, General Notes, Cover Page and General Details. Task 2.12: The proposed Bid Schedule will be advanced to reflect a 60% completion level. Task 2.13: Written responses to City commentary will be prepared. The plans will be transmitted and additional clarification items and / or topics for discussion will be documented. Task 2.14: Coordination with the proposed Contractor(s) will be performed. Task 2.15: AED will attend a meeting with City personnel to discuss comments to 60% submittal. Meeting minutes will be prepared by AED and distributed to the City for review and commentary. III. INTERMEDIATE DESIGN PHASE (90%): Task 3.1: AED will assist the City in public outreach efforts. This may include the preparation of figures and maps, attendance at public meetings and individual property owner coordination. AED will log commentary received throughout the outreach process and coordinate the extent of plan / approach modifications with the City. AED recognizes that the City may prefer to perform CONSULTANT WORK ORDER Island Way Roadway Improvements Advanced Engineering & Design, Inc. 23-0019-EN City of Clearwater Consultant Work Order Page 5 of 11 Revised: 11/28/2022 segmental outreach throughout the duration of the project and/or begin outreach efforts during earlier phases of design. Task 3.2: The Roadway Plan & Profile will be advanced to reflect a 90% completion level. Task 3.3: The Cross Sections will be advanced to reflect a 90% completion level. Task 3.4: The Driveway Half Sections will be advanced to reflect a 90% completion level. Specific limits of driveway grading will be depicted, and suitable cross slopes proposed where sidewalk traverses’ driveways. Task 3.5: The Signage and Pavement Marking Plan will be advanced to reflect a 90% completion level. Task 3.6: The Temporary Traffic Control Plan will be advanced to reflect a 90% completion level. Overall TTC requirements will be identified. Phase-specific requests resulting from public outreach efforts will be incorporated into the plans to the extent desired by the City. Task 3.7: The Signalization Plan will be advanced to reflect a 90% completion level. Task 3.8: The Demolition / Erosion & Sediment Control Plan will be advanced to reflect a 90% completion level. Task 3.9: The Landscaping & Irrigation Plan will be advanced to reflect a 90% completion level. Planting schedules will be developed. Task 3.10: The supplemental plan sheets will be advanced to reflect a 90% completion level. Additional site-specific detailing will be added to the plan set in order to document specific requirements and / or conditions. Task 3.11: The proposed Bid Schedule will be advanced to reflect a 60% completion level. Task 3.12: Written responses to City commentary will be prepared. The plans will be transmitted and additional clarification items and / or topics for discussion will be documented. IV. FINAL DESIGN PHASE: Task 4.1: Written responses will be prepared for City commentary issued during the prior design phase. Specific means of addressing each CONSULTANT WORK ORDER Island Way Roadway Improvements Advanced Engineering & Design, Inc. 23-0019-EN City of Clearwater Consultant Work Order Page 6 of 11 Revised: 11/28/2022 comment will be outlined within the response document. The design plans will be advanced to reflect a final completion level. Task 4.2: The Bid Schedule will be finalized. Task 4.3: The plans will be transmitted and additional clarification items and / or topics for discussion will be documented. V. PROCUREMENT PHASE: Task 5.1: AED will respond to Requests for Information (RFIs) placed by the Contractor(s). Responses may require plan, specification and / or quantity revisions. If needed, modified documents will be transmitted to the City. VI. CONSTRUCTION PHASE: Task 6.1: Pre-Construction coordination will be performed by AED. This will include the attendance of a Pre-Construction Meeting at the City of Clearwater. Task 6.2 Shop drawings will be reviewed by AED. Processing of shop drawings will include any supplemental information required for approvals. City commentary will be solicited and incorporated into the review. Task 6.3 AED personnel will perform site visits / progress meetings throughout construction to observe the progress of the work. Progress meetings will be led by the AED team and will entail agenda preparation, meeting administration and the preparation of meeting minutes. It is assumed that the project meetings will be held twice a month and the project will be 6 months long (12 progress meetings). A site visit will be performed prior to or after each progress meeting. Task 6.4 AED will respond to Requests for Information (RFIs) placed by the Contractor. Plan revisions will be performed on an as-needed basis. Contractor coordination will be performed throughout the duration of construction. Task 6.5 Should the project’s northern terminus be extended to Palm Island NW; supplemental construction support services will be provided. This includes addressing RFI responses associated with the northern extension, additional construction observation and addressing project closeout matters within this area of the project. CONSULTANT WORK ORDER Island Way Roadway Improvements Advanced Engineering & Design, Inc. 23-0019-EN City of Clearwater Consultant Work Order Page 7 of 11 Revised: 11/28/2022 Task 6.6: AED will attend a final walk through at the completion of the work. Punchlist items will be identified and formally documented at this time. AED will assist in the resolution of the Punchlist. Task 6.7 Project closeout services will be performed. This will include review of Contractor-submitted record drawings and Project Catalog assembly. Project contingencies have been allocated for additional services. These project contingencies shall not be used unless written approval is provided by the City Project Manager. Permit fee allowances have not been established for the project. 3. PROJECT GOALS: The project will entail the preparation of a construction package for roadway improvements along Island Way (from Clearwater Memorial Causeway to Skiff Point). AED will provide the City with an electronic version of all reports, estimates, formal correspondence documents and plans at each design phase as stated above. If requested, AED will provide the City four (4) printed copies of pertinent documents for review purposes. Signed and sealed plans shall be provided prior to bidding. These can be provided in an electronic or printed format. A Project Catalog will also be provided. This compilation document will include all design, permitting, bidding and construction documents. Plan sheets will be sized at 24” x 36” (Arch D). All City, County and State stormwater requirements will be implemented. 4. FEES: See Attachment “A”. This price includes all labor and expenses anticipated to be incurred by Advanced Engineering & Design, Inc. for the completion of these tasks in accordance with Professional Services Method “B” – Lump Sum – Percentage of Completion by Task for a fee not to exceed one hundred eighty-three thousand seven hundred seventy-three dollars and twenty-five cents (183,773.25) Permit application fees are not anticipated for this project. CONSULTANT WORK ORDER Island Way Roadway Improvements Advanced Engineering & Design, Inc. 23-0019-EN City of Clearwater Consultant Work Order Page 8 of 11 Revised: 11/28/2022 5. SCHEDULE: The project is to be completed in 270 days from issuance of notice-to-proceed. The project deliverables are to be phased as follows: 30% Construction Plans: 60 calendar days 60% Construction Plans: 90 calendar days 90% Construction Plans: 90 calendar days Final Construction Documents: 30 calendar days 6. STAFF ASSIGNMENT: William G. Reidy, P.E., Principal Engineer; Justin V. Keller, P.E., Project Manager; Dan Stowers, P.E., Sr. Staff Engineer; John Parks, P.E., Sr. Staff Engineer; Rafal Kadaj, P.E., Staff Engineer; Steven Torres, CAD Manager 7. CORRESPONDENCE/REPORTING PROCEDURES: Consultant’s project correspondence shall be directed to: William G. Reidy, P.E., Principal Engineer Cc: Justin V. Keller, P.E, CFM, ENV SP, Project Manager All City project correspondence shall be directed to: Thomas Heath, with Ivan Dimitrov and others to be copied as appropriate 8. INVOICING/FUNDING PROCEDURES: City Invoicing Code: _ENRD180004-DSGN-PROSVC For work performed, invoices shall be submitted monthly to: ATTENTION: JAMIE GAUBATZ, SR ACCOUNTANT CITY OF CLEARWATER, PUBLIC WORKS DEPARTMENT/ENGINEERING PO BOX 4748 CLEARWATER, FLORIDA 33758-4748 Contingency services will be billed as incurred only after written authorization provided by the City to proceed with those services. 9. INVOICING PROCEDURES: At a minimum, in addition to the invoice amount(s) the following information shall be provided on all invoices submitted on the Work Order: 1. Purchase Order, Project and Invoice Numbers and Contract Amount. 2. The time period (begin and end date) covered by the invoice. 3. A short narrative summary of activities completed in the time period. CONSULTANT WORK ORDER Island Way Roadway Improvements Advanced Engineering & Design, Inc. 23-0019-EN City of Clearwater Consultant Work Order Page 9 of 11 Revised: 11/28/2022 4. Contract billing method – Lump Sum or Hourly Rate. 5. 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). 6. If Hourly Rate, hours, hourly rates, names of individuals being billed, amount due, previous amount earned, the percent completion, 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). 7. If the Work Order is funded by multiple funding codes, an itemization of tasks and invoice amounts by funding code. 10. CONSIDERATIONS: Consultant acknowledges the following: 1. The Consultant named above is required to comply with Section 119.0701, Florida Statutes, where applicable. 2. All City directives shall be provided by the City Project Manager. 3. “Alternate equals” shall not be approved until City Project Manager agrees. 4. All submittals must be accompanied by evidence each has been internally checked for QA/QC before providing to City. 5. Consultants/Contractors are not permitted to use City-owned equipment (i.e., sampling equipment, etc.). 6. Documents posted on City website must ADA accessible. 11. ADDITIONAL CONSIDERATIONS: All work orders should include considerations for the following: 1. Sea Level Rise and Flood Resilience, as applicable. 2. Submittal of a Critical Path Method (CPM) Schedule(s). 3. Submittal of a Project Catalog with the following items, as appropriate: a. Data requests, assumptions, critical correspondence, meeting agenda, sign-in sheets, meeting minutes, document comment-response log(s), technical memorandum/reports, addenda, progress reports, regulatory correspondence, and other project-related documents. b. If construction project, also include design plans, conformed plans, change orders, field orders, RFIs, work change directives, addenda, progress reports, shop drawing and progress submittals, as-builts, record drawings, and other project-related documents such as O&M manuals and warranty information. c. At the conclusion of the project, ENGINEER will combine this information into a Project Catalog and submit to the City for review and comment. CONSULTANT WORK ORDER Island Way Roadway Improvements Advanced Engineering & Design, Inc. 23-0019-EN City of Clearwater Consultant Work Order Page 10 of 11 Revised: 11/28/2022 4. Arc Flash labeling requirements: a. All electrical designs and construction shall adhere to NFPA 70 E “Standard for Electrical Safety in the Workplace”. b. Updated calculations of Fault and Arc Flash, and provisions for new or updated Arc Flash equipment labeling shall be included in the contract documents. 12. SPECIAL CONSIDERATIONS: 1. Legal Descriptions & Sketches for temporary and permanent easements shall be provided by others. 2. It is assumed that hazardous materials and/or contaminated groundwater is not present within the limits of the proposed improvements. 3. A full assessment of tree impacts is not proposed. It is assumed that trees impacted by construction will be removed. 4. The preparation of project renderings is not believed to be needed. 5. Sheeting design shall be performed by the Contractor. 6. The City shall televise existing piping if warranted. The review of televised inspections is not assumed to be needed. 7. Signalization improvements, such as controller or pedestrian detector upgrades, are not proposed. 8. Stormwater improvements are not proposed. 9. Construction within the FDOT’s right-of-way is not proposed. As such, permitting through the FDOT Pinellas Maintenance Office is not anticipated. 10. Lighting improvements or evaluation are not proposed. 11. The preparation of Utility Adjustment Plans is not proposed. 12. Wholesale sidewalk replacement is not proposed. 13. Specification development is not proposed. Specifications associated with the applicable annual contract is expected to govern. 14. Calculation of a Required Structural Number is not anticipated. 15. Sprinkler head specification is not proposed. It is assumed the City will identify preferred products. 16. Additional geotechnical investigation will not be required. CONSULTANT WORK ORDER Island Way Roa dway Improvements Advanced Engineering & Design, Inc. 23-0019-EN City of Clear water 13. SIGNATURES: PREPARED BY: APPROVED BY: William G. Reidy, P.E. Principal Engineer Tara Kivett, P.E. City Engineer Advanced Engineering & Design, Inc. City of Clearwater 05/19/2023 Date Date Consultant Work Order Page 11 of 11 Revised: 11/28/2022 ATTACHMENT “A” CONSULTANT WORK ORDER – PROJECT FEES TABLE Island Way Roadway Improvements Advanced Engineering & Design, Inc. 23-0019-EN City of Clearwater Consultant Work Order – Project Fees Table Page 1 of 3 Revised: 11/28/2022 CONSULTANT WORK ORDER PROJECT FEES TABLE Task Description Subconsultant Services Labor Total 1.0 Pre-Design Phase (30%) 1.1 Records Review / Site Investigation / Obtain Supplemental Topographic Data $8,173.75 $8,173.75 1.2 Preliminary Utility Coordination $1,027.00 $1,027.00 1.3 Basesheet Preparation (Plan & Profile) (Driveway Half Sections) $5,217.50 $5,217.50 1.4 Typical Section Development (Multiple Sections) / Prepare Preliminary Alignment $8,591.00 $8,591.00 1.5 Preliminary MOT Development (Typical Sections & Phasing) $3,275.75 $3,275.75 1.6 Prepare Preliminary Bid Schedule $1,137.88 $1,137.88 1.7 Prepare Technical Memorandum $1,755.88 $1,755.88 1.8 Attend Meeting $350.00 $350.00 Pre-Design Phase (30%) Total: $29,528.76 2.0 Intermediate Design Phase (60%) 2.1 Utility Investigation / Basesheet Modification $10,878.00 $10,878.00 2.2 Northern Terminus Revision (Topographic Survey, Basesheet Preparation, Design Services, Etc.) $8,000.00 $11,003.00 $19,003.00 2.3 Prepare Roadway Plan & Profile Sheets $8,667.50 $8,667.50 2.4 Prepare Cross Sections $4,933.75 $4,933.75 2.5 Prepare Driveway Half Sections $3,573.75 $3,573.75 2.6 Prepare Signage & Pavement Marking Plan $4,549.75 $4,549.75 2.7 Prepare Temporary Traffic Control Plan $3,353.75 $3,353.75 2.8 Prepare Signalization Plan $3,102.88 $3,102.88 2.9 Prepare Demolition / Erosion & Sediment Control Plan $3,859.88 $3,859.88 ATTACHMENT “A” CONSULTANT WORK ORDER – PROJECT FEES TABLE Island Way Roadway Improvements Advanced Engineering & Design, Inc. 23-0019-EN City of Clearwater Consultant Work Order – Project Fees Table Page 2 of 3 Revised: 11/28/2022 2.10 Prepare Landscaping & Irrigation Plan $2,977.88 $2,977.88 2.11 Prepare Supplemental Plan Sheets (General Notes, Keymap, Etc.) $1,923.75 $1,923.75 2.12 Advance Bid Schedule (60%) $1,137.88 $1,137.88 2.13 Develop Written Responses to City Commentary / Plan Transmittal $1,755.88 $1,755.88 2.14 Contractor Coordination $1,046.00 $1,046.00 2.15 Attend Meeting $350.00 $350.00 Intermediate Design Phase (60%) Total: $71,113.65 3.0 Intermediate Design Phase (90%) 3.1 Public Outreach $4,995.50 $4,995.50 3.2 Plan Advancement (Roadway Plan & Profile) $5,693.75 $5,693.75 3.3 Plan Advancement (Cross Sections) $2,466.88 $2,466.88 3.4 Plan Advancement (Driveway Half Sections) $1,486.88 $1,486.88 3.5 Plan Advancement (Signage & Pavement Marking) $2,274.88 $2,274.88 3.6 Plan Advancement (Temporary Traffic Control Plan) $1,676.88 $1,676.88 3.7 Plan Advancement (Signalization) $1,186.88 $1,186.88 3.8 Plan Advancement (Demolition / Erosion & Sediment Control) $1,977.88 $1,977.88 3.9 Plan Advancement (Landscaping & Irrigation) $1,036.88 $1,036.88 3.10 Plan Advancement (Supplemental Sheets) $961.88 $961.88 3.11 Advance Bid Schedule (90%) $561.00 $561.00 3.12 Develop Written Responses to City Commentary / Plan Transmittal $1,350.88 $1,350.88 Intermediate Design Phase (90%) Total: $25,670.17 4.0 Final Design Phase 4.1 Finalize Design Plans $8,639.50 $8,639.50 4.2 Prepare Final Opinion of Probable Cost $561.00 $561.00 4.3 Develop Written Responses to City Commentary / Plan Transmittal $373.38 $373.38 Final Design Phase Total: $9,573.88 5.0 Procurement Phase ATTACHMENT “A” CONSULTANT WORK ORDER – PROJECT FEES TABLE Island Way Roadway Improvements Advanced Engineering & Design, Inc. 23-0019-EN City of Clearwater Consultant Work Order – Project Fees Table Page 3 of 3 Revised: 11/28/2022 5.1 Respond to Contractor-Placed Requests for Information / Provide Formal Clarification $2,513.75 $2,513.75 Procurement Phase Total: $2,513.75 6.0 Construction Phase Services 6.1 Perform Pre-Construction Coordination $1,046.00 $1,046.00 6.2 Review Shop Drawings $2,149.88 $2,149.88 6.3 Progress Meeting Attendance / Construction Site Visits $7,589.50 $7,589.50 6.4 Respond to Contractor-Placed Requests for Information / Contractor Coordination / Assistance in Dispute Resolution $8,355.50 $8,355.50 6.5 Supplemental Construction Support $6,835.50 $6,835.50 6.6 Attend Final Walk Through / Punchlist Preparation & Resolution $1,699.00 $1,699.00 6.7 Project Closeout $991.00 $991.00 Construction Phase Services Total: $28,666.38 SUBTOTAL, LABOR AND SUB-CONTRACTORS: $167,066.59 7.0 Contingency (10%) $16,706.66 GRAND TOTAL: $183,773.25 ATTACHMENT “B” CONSULTANT WORK ORDER – CITY DELIVERABLES Island Way Roadway Improvements Advanced Engineering & Design, Inc. 23-0019-EN City of Clearwater Consultant Work Order – City Deliverables Page 1 of 1 Revised: 11/28/2022 CONSULTANT WORK ORDER CITY DELIVERABLES 1. FORMAT: The design plans shall be compiled utilizing the following methods: 1. City of Clearwater CAD standards. 2. Datum: Horizontal and Vertical datum shall be referenced to North American Vertical Datum of 1988 (vertical) and North American Datum of 1983/90 (horizontal). The unit of measurement shall be the United States Foot. Any deviation from this datum will not be accepted unless reviewed by City of Clearwater Engineering/Geographic Technology Division. 2. DELIVERABLES: The design plans shall be produced on bond material, 24" x 36" at a scale of 1" = 20’ unless approved otherwise. Upon completion the consultant shall deliver all drawing files in digital format with all project data in Autodesk Civil 3D file format. NOTE: If approved deviation from Clearwater CAD standards is used, the Consultant shall include all necessary information to aid in manipulating the drawings including either PCP, CTB file or pen schedule for plotting. The drawing file shall include only authorized fonts, shapes, line types or other attributes contained in the standard release of Autodesk software. All block references and other references contained within the drawing file shall be included. Please address any questions regarding format to Mr. Thomas Mahony, at (727) 562-4762 or email address Thomas.Mahony@myClearwater.com. All electronic files (including CAD and Specification files) must be delivered upon completion of project or with 100% plan submittal to City of Clearwater. ISLAND WAY ISLAND WAYMANDALAY AVEMANDALAY AVEHARBOR ISHARBOR ISMIDWAY ISMIDWAY ISSNUG ISSNUG ISBRUCE AVEBRUCE AVEBAY ESPLANADEBAY ESPLANADEM E M O R I A L C S W Y M E M O R I A L C S W YLEEWARD ISLEEWARD ISWINDWARD ISWINDWARD ISWINDWARD PSGEWINDWARD PSGEELDORADO AVEELDORADO AVELANTANA AVELANTANA AVECORONADO DRCORONADO DRDEVON DRDEVON DR GARDENIA STGARDENIA ST PALM IS S E PALM IS S E PALM IS N E PALM IS N E LARBOARD WAYLARBOARD WAYEAST SHORE DREAST SHORE DRPOINSETTIA AVEPOINSETTIA AVEIRIS STIRIS ST HAMDEN DRHAMDEN DRACACIA STACACIA ST SOMERSET STSOMERSET ST HARBOR P S G E HARBOR P S G E KIPLING PLZKIPLING PLZ BAYMONT STBAYMONT ST VERBENA STVERBENA ST ASTER STASTER ST CYPRUS AVECYPRUS AVECAUSEWAY BLVDCAUSEWAY BLVD ROYAL WAYROYAL WAY CAMBRIA STCAMBRIA ST AVALON STAVALON ST IDLEWILD STIDLEWILD ST KENDALL STKENDALL ST HEILWOOD STHEILWOOD ST BAY ESPLANADEBAY ESPLANADE² WDMap Gen By:DOReviewed By:Date:4/17/2023 N.T.S.Scale: 23-0019-EN ISLAND WAY ROADWAY IMPROVEMENTS Document Path: C:\Users\Wioletta.Dabrowski\City of Clearwater\Engineering Geographic Technology - Documents\GIS\Engineering\Street Resurfacing Maps\2022 Street Resurfacing\Renewal2022\Renewal2022.aprx Island Estates Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com Page 6 of 9 FDR & SP 12.5 Asphaltic Concrete Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-0817 Agenda Date: 8/3/2023 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.7 SUBJECT/RECOMMENDATION: Approve a proposal from Keystone Excavating, of Oldsmar, FL, for pilot demonstrations as part of the Fort Harrison Avenue Corridor Improvements (19-0036-EN) project at the Guaranteed Maximum Price of $114,912.87 pursuant to Request for Qualifications (RFQ) 40-20, Construction Manager at Risk for Continuing Contracts, and authorize the appropriate officials to execute same. (consent) SUMMARY: September 17, 2020, City Council approved the use of Construction Manager at Risk (CMAR) Services for Continuing Contracts per RFQ 40-20, to thirteen firms with Keystone Excavating Company, Inc., being one of the thirteen firms selected. These firms were selected in accordance with Florida Statutes 255.103 and 287.055 based upon construction experience, financial capability, availability of qualified staff, local knowledge, and involvement in the community. Keystone Excavating, Inc. was selected for this project due to its experience with other similar projects. February 3, 2022, City Council approved the Work Order for the design and bidding of Phase I of the Fort Harrison Avenue Corridor Improvements (19-0036-EN). The design of Phase I includes the installation of four temporary demonstration projects along the S. Ft. Harrison corridor to improve pedestrian safety and enhance aesthetics. The temporary demonstration locations include: ·Traffic Circle at Palm Bluff ·Mid-block crossing just south of Engman ·Narrowing of lanes between Cedar and Engman ·Repurposing four lanes to two lanes and a center left turn lane from Belleair to Belleview Once the demonstration projects are installed, they will be evaluated to determine any effects on the proposed project. APPROPRIATION CODE AND AMOUNT: ENRD80004-CONS-CNSTRC $114,912.87 Funds are available in the capital improvement project ENRD180004, Streets and Sidewalks, to fund the proposal. Page 1 City of Clearwater Printed on 8/1/2023 KEYSTONE EXCAVATORS, INC. 371 Scarlet Blvd CUC 1225287 Oldsmar, FL 34677 FPSCV 725207000196 Phone 813-854-2342 Fax 813-854-2993 Date 6/19/23 TO: Mr. Ivan Dimitrov, E.I. – Engineering Manager City of Clearwater – Engineering Department 100 S. Myrtle Ave., Suite 200 Clearwater, FL 33756 RE: FORT HARRISON AVENUE CORRIDOR IMPROVEMENTS – DEMONSTRATION PROJECTS (CONTRACT NO. 19-0036-EN) As requested, enclosed is the proposal for construction of traffic control devices on Fort Harrison Avenue submitted in accordance with plans and attached line item work., for a Guaranteed Maximum Price of $114,912.87. Scope of Work: Work scope per attached line-item work. Cost Detail: Description Amount Cost of Work $99,107.87 Subtotal $99,107.87 Construction Management Fee $5,100.00 Contingency 10% $10,705.00 Guaranteed Maximum Price $114,912.87 Project Duration shall be __60___ calendar days from the date of the Notice to Proceed. Existing Contract: This proposal is submitted in conjunction with the existing Construction Manager at Risk Services Continuing Contract entered into with the City of Clearwater on August 21, 2020, based on RFQ #40-20. If GMP Exceeds $150,000: Per Section III, Article 5.1 of the Contract Specifications, the contractor shall provide to the public entity a certified copy of the recorded bond. Once the City receives a certified copy of the recorded bond, a Notice to Proceed may be issued. Include the attached bond form as well as the Power of Attorney. (If GMP is less than $150,000 a bond is not required.) Code: ENRD180004-CONS-CNSTRC KEYSTONE EXCAVATORS, INC. 371 Scarlet Blvd CUC 1225287 Oldsmar, FL 34677 FPSCV 725207000196 Phone 813-854-2342 Fax 813-854-2993 For work performed, invoices shall be submitted to the City of Clearwater, Public Works Department/Engineering, Attention: Jamie Gaubatz, P.O. Box 4748, Clearwater, Florida, 33758- 4748. Contingency services may be billed only after written authorization is provided by the City to proceed with those services. KEYSTONE EXCAVATORS, INC. By: _________________________________ Print Name Title _____________________________________ Date CITY OF CLEARWATER, FLORIDA Approved as to form: Attest: ____________________________ By: _______________________________ Owen Kohler Rosemarie Call Assistant City Attorney City Clerk Countersigned: ____________________________ ___________________________________ Brian Aungst Jennifer Poirrier Mayor City Manager ____________________________ ___________________________________ Date Date City of Clearwater Fort Harrison Corridor Improvement Demonstration Projects Temporary Demonstration Projects Overview The 2020 Ft Harrison Complete Streets Study studyidentified several small-scale roadway and intersection modifications for the Fort Harrison Corridor. The primary purposes of the modifications are to enhance pedestrian safety corridor aesthetics. Potential projects include installing decorative crosswalks, mid-block crossings, median islands, and neighborhood traffic circles. These projects can be implemented on a temporary basis and then evaluated to determine positive and negative effects. For the Fort Harrison Corridor Improvements The City’s EORcollected additional traffic counts and completed a traffic study to identify potential intersections for consideration of demonstration projects. The following renderings describe the proposed demonstration projects. Traffic Circle at Ft Harrison and Palm Bluff A temporary traffic circle will be implemented at the intersection of Palm Bluff Street and Ft. Harrison Avenue. Existing signage will be updated on all four legs of the intersection to alert drivers of the temporary traffic circle ahead. Temporary tubular markers will provide a slight shift and separation between lanes as the driver approaches the traffic circle on Ft. Harrison. Mid Block Crossing South of Engman Just south of Engman Street, a temporary mid-block crossing will be constructed to assist with pedestrian flow. Temporary curbing and tubular markers will be used to provide pedestrians a safe refuge area. Temporary signage will be provided to alert drivers of the temporary island ahead. A temporary curb ramp will need to be constructed to meet ADA requirements for pedestrian crossings. Temporary Narrowing of Lanes Temporary narrowing of lanes will be between Cedar Street and Engman street. A 6’ solid white temporary stripe will be placed on the outside lanes to provide a temporary 11-foot lane. The existing width of the center two- way turn lane will be maintained. Temporary Lane Repurposing Belleair to Belleview Temporary lane repurposing of the existing four lane roadway to a two lane roadway with a center two-way turn lane. From Belleair Road, the road will taper from a four lane roadway to a two-lane roadway. Two 11-foot lanes with an 11-foot two-way center turn lane. The proposed demonstration design will taper back to existing at Belleview Boulevard. Just North of Belleview Boulevard, the Southbound left/through lane will be restriped to be a dedicated left turn only lane for the duration of the demonstration project. Questions? Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-0824 Agenda Date: 8/3/2023 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.8 SUBJECT/RECOMMENDATION: Approve supplemental one work order with Atkins North America, of Tampa FL, for Community Rating System Support Services from 2023 to 2026 in the amount of $270,930 increasing the value from $89,800 to $360,730 pursuant to Request for Qualifications (RFQ) 26-19, Engineer of Record Continuing Services (EOR), and authorize the appropriate officials to execute same. (consent) SUMMARY: Community Rating System or CRS is a program through FEMA’s National Flood Insurance Program (NFIP) to incentivize initiatives that reduce flood risk. By reducing flood risk, the city is awarded points which translate to savings on flood insurance. The city has participated in the CRS program since 1993. With points currently awarded, Clearwater is a Class 6 which equates to residents receiving a 20% savings on flood insurance. May 10, 2021, City Manager approved the initial work to assist with the CRS program in the amount of $89,800. Supplemental 1 will allow Atkins to assist staff in streamlining existing processes or programs to gain extra points through 2026. They will also review codes and ordinances to ensure the city is receiving the maximum points for current policies. Atkins is proficient in CRS program requirements and will suggest additional programs that align with the goals of floodplain management and gain program points. With additional programs suggested, they will assist staff in developing the appropriate process. APPROPRIATION CODE AND AMOUNT: 4191365-530100 Funds are available in 4191365-530100, Stormwater Professional Services, to fund this work order in Fiscal Year 2023 and will budget to fund Fiscal Years 2024 through 2026. Page 1 City of Clearwater Printed on 8/1/2023 Atkins City of Clearwater Consultant Work Order Page 1 of 7 Revised: 8/3/2021 CONSULTANT WORK ORDER Supplemental 1 Date: 06/29/23 1. PROJECT INFORMATION: Project Title: Community Rating System Support Services 2023 - 2026 City Project Number: 21-0013-EN Consultant Project Number: 2. SCOPE OF SERVICES: Overview: The City of Clearwater (City) will engage Atkins to assist with the implementation and documentation of activities associated with the Federal Emergency Management Agency’s (FEMA’s) Community Rating System (CRS) over the term of the community’s cycle (approximately every 3 years). The City of Clearwater is currently a Class 6 community which provides flood insurance policy holders with a 20% discount annually on their policy. The last information provided by FEMA indicated this to be savings of approximately $1.5 million annually for the approximately 11,000 flood insurance policies. The intent of this effort is for Atkins to assist the City with its 3-year Cycle Verification evaluation as well as providing services to help meet annual CRS obligations to FEMA. The CRS program credits 32 activities based on the scoring of approximately 100 elements and sub-elements, guided by a CRS Manual that is updated and/or reinterpreted every 3-5 years. These activities require close coordination with city staff responsible for permitting, community planning, community outreach, stormwater management and maintenance, and emergency management, among others. Additionally, this requires coordination with Pinellas County and other partners for certain activities. The City will utilize Atkins to provide services throughout the 3-year cycle in coordination with city staff with the goal of maintaining or improving the Class 6 rating. CONSULTANT WORK ORDER Community Rating System Support Services 2023-2026 Atkins 21-0013-EN City of Clearwater Consultant Work Order Page 2 of 7 Revised: 8/3/2021 Task 1 - Project Management/Meetings/Quality Control Atkins will assign a Project Manager to manage the technical tasks, communicate, and coordinate with the City staff and others. Atkins’ Project Manager will be responsible for overall client satisfaction in all aspects of this Work Order including the schedule, deliverables, and quality control. This task includes any meetings with City’s PM to review progress, deliverables, or preparations for stakeholder meetings. Additional activities include monthly invoicing and items associated with management of the work order. Task 2 – Annual Support Services The CRS program requires both specific actions to reduce flood losses as well as the associated documentation to quantify and account for those actions in the manner required by FEMA. Atkins will perform the following activities annually to support the implementation of the CRS program:  Facilitate quarterly meetings (may be in person or virtual depending upon safety protocols) with key agencies to identify status of activities performed [12 total for the year].  Provide meeting notes from coordination meetings with the different City entities and document the appropriate activities to support the annual CRS recertification visit/report.  Coordinate with the City and any partners in support of the annual submittal of Construction Certificate Management Plan.  Support the City’s documentation for the Program for Public Information and coordinate with the Countywide Local Mitigation Strategy Working Group and Flood Risk and Mitigation Public Information Working Group (requires coordination with staff from Pinellas County as well as the City’s communication and outreach staff).  Support the City’s stormwater program to collect planning and maintenance activities in alignment with CRS requirements.  Collect information from appropriate departments, perform GIS analysis when needed to calculate % of floodplain impacted, and approximate points earned as part of an internal assessment.  Using the collected information and calculated statistics, populate a draft of the annual recertification checklist and informational packet in coordination with the City’s floodplain administrator and/or CRS coordinator. CONSULTANT WORK ORDER Community Rating System Support Services 2023-2026 Atkins 21-0013-EN City of Clearwater Consultant Work Order Page 3 of 7 Revised: 8/3/2021 Task 3 – Program Improvements The City is currently being credited in 33 of the 99 possibly creditable activities. This leaves over 65 additional activities that the city could be receiving points on if they were to perform and/or document those items. Some will not apply to the community (such as being Tsunami Ready or implementing dam safety activities), but there are many items remaining that could be performed and documented with minimal effort. The intent of this task is to help the city improve its classification from a Class 6 to a Class 5 or possibly higher. Previous data from FEMA indicated that for the City of Clearwater, each class improvement equated to an additional $400- to $500 thousand in annual flood insurance premiums. Atkins has strategically identified activities that are high in points and are achievable with a little bit of effort. In some instances, these activities are also prerequisites for the city to improve to a better classification. Following this year’s cycle verification visit, Atkins will work with the CRS Coordinator and key staff from the City to choose the elements that they wish to improve on. After the ISO visit, ISO will provide the City with a letter identifying items that are outstanding or require further clarifications. In parallel, ISO will provide feedback on status of any of the activities that were required to go to external technical reviewers within their organization. Atkins will assist the City’s CRS Coordinator to prepare responses for the outstanding items. Work will include assisting the City with technical tasks such as GIS maps and/or analysis if the data is available, communicating with ISO in coordination with the City, and coordination with the City staff to collect data, review documentation, and prepare response documents to ISO. Activities such as a Repetitive Loss Area Analysis and Substantial Damage Improvement Plan would help the City plan for some of its worst case flood scenarios and the credits would equal more than half (280 points) of the 500 points needed to improve a class. More importantly would be the stormwater management and drainage maintenance activities which are worth over 1,000 points. Atkins will provide technical support to staff to help design and draft the chosen elements. Once developed, they will be provided to ISO for a courtesy review to know if they are compliant with the latest manual and available for credit at the next evaluation. Once the new products/processes are approved by ISO, they will enter a maintenance process and be aligned with the annual activities in Task 2. 3. PROJECT GOALS: The project is designed to help the City maintain or improve its current FEMA CRS rating which results in flood insurance premium discounts for residents by supporting the 3- year cycle verification visit. Following the visit, Atkins will provide annual CRS services in support of yearly recertification requirements and prepare for the next 3-year CONSULTANT WORK ORDER Community Rating System Support Services 2023-2026 Atkins 21-0013-EN City of Clearwater Consultant Work Order Page 4 of 7 Revised: 8/3/2021 verification visit. New program improvements will increase the city’s ability to apply for a higher classification in the following cycle (estimated to be 2026). 4. FEES: See Attachment “A” This price includes all labor and expenses anticipated to be incurred by Atkins for the completion of these tasks in accordance with Professional Services Method “B” – Lump Sum –Percentage of Completion by Task, for a fee not to exceed Two Hundred Seventy Thousand and Nine Hundred Thirty Dollars ($270,930.00). 5. SCHEDULE: Task 1 - Project Management/Meetings/Quality Control Monthly and at time of deliverables transmittal. Task 2 – Annual Support Services July 2023 through June 2026. Annual activities vary throughout the year. Key activities and dates expected to occur annually include:  January to June o Support of annual recertification documentation due to ISO by May 1. o Coordination of building department services related to Activity 310 items that are due to ISO by May 1. o Participation in two quarterly Local Mitigation Strategy meetings o Participation in spring Flood Risk and Mitigation Public Information meeting o Coordination for outreach activities performed by the City and/or countywide activities creditable for the city o Ensure the annual update of the Floodplain Management Plan (part of the Local Mitigation Strategy) is provided to City Council for awareness. o Facilitate two quarterly meetings with key city staff to update status of activities and determine any outstanding needs.  July to December o Work with emergency management staff for documentation related to an event or annual exercise in support of flood warning and response credits o Participation in up to 2 quarterly Local Mitigation Strategy meetings CONSULTANT WORK ORDER Community Rating System Support Services 2023-2026 Atkins 21-0013-EN City of Clearwater Consultant Work Order Page 5 of 7 Revised: 8/3/2021 o Participation in summer and fall Flood Risk and Mitigation Public Information meetings o Coordination for outreach activities performed by the City and/or countywide activities creditable for the city o Work with stormwater staff to catalog annual activities that support planning and maintenance credits. o Provide input to any city-specific aspects of the annual update of the Floodplain Management Plan (part of the Local Mitigation Strategy). o Facilitate two quarterly meetings with key city staff to update status of activities and determine any outstanding needs. Task 3 – Program Improvements By July of 2023, the City will know what elements are receiving credit and approximately how many points they have scored. Following the cycle verification visit, Atkins will work with city staff to determine the elements that need to be developed or improved. It is estimated that these elements will be developed primarily in the 12 months after the cycle verification visit and then go through a continuous improvement process until the end of the work order. 6. STAFF ASSIGNMENT: Atkins Team’s Key Staff: Chris Zambito, CFM Sr. Project Manager Daniel Parsons, PE, CFM, ENV SP Officer-in-Charge Sebastian Honigfort, PE, ENV SP Sr. Engineer Chris Chandler, PE Engineer I-III Eric Ravagnani, EI Engineer Intern Viviana Philibert Fiscal/Accounting 7. CORRESPONDENCE/REPORTING PROCEDURES: Consultant’s project correspondence shall be directed to: Chris Zambito, CFM, (813) 281-3637, chris.zambito@atkinsglobal.com All City project correspondence shall be directed to: Sarah Kessler, Lead Environmental Scientist, (727) 562-4897, Sarah.Kessler@myclearwater.com with copies to others as may be appropriate. CONSULTANT WORK ORDER Community Rating System Support Services 2023-2026 Atkins 21-0013-EN City of Clearwater Consultant Work Order Page 6 of 7 Revised: 8/3/2021 8. INVOICING/FUNDING PROCEDURES: City Invoicing Code: _4191365-530100 For work performed, invoices shall be submitted monthly to: City of Clearwater, Engineering Department Attn: Jamie Gaubatz, Accountant PO Box 4748 Clearwater, Florida 33758-4748. 9. INVOICING PROCEDURES: At a minimum, in addition to the invoice amount(s) the following information shall be provided on all invoices submitted on the Work Order: 1. Purchase Order, Project and Invoice Numbers and Contract Amount. 2. The time period (begin and end date) covered by the invoice. 3. A short narrative summary of activities completed in the time period. 4. Contract billing method – Lump Sum or Hourly Rate. 5. 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). 6. If Hourly Rate, hours, hourly rates, names of individuals being billed, amount due, previous amount earned, the percent completion, 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). 7. If the Work Order is funded by multiple funding codes, an itemization of tasks and invoice amounts by funding code. 10. CONSIDERATIONS: Consultant acknowledges the following: 1. The Consultant named above is required to comply with Section 119.0701, Florida Statutes, where applicable. 2. All City directives shall be provided by the City Project Manager. 3. “Alternate equals” shall not be approved until City Project Manager agrees. 4. All submittals must be accompanied by evidence each has been internally checked for QA/QC before providing to City. 5. Consultants/Contractors are not permitted to use City-owned equipment (i.e. sampling equipment, etc.). 6. Documents posted on City website must ADA accessible. CONSULTANT WORK ORDER Community Rating System Support Services 2023-2026 Atkins 21-0013-EN City of Clearwater Consultant Work Order Page 7 of 7 Revised: 8/3/2021 11. ADDITIONAL CONSIDERATIONS: All work orders should include considerations for the following: 1. Submittal of a Critical Path Method (CPM) Schedule(s). 2. Submittal of a Project Catalog with the following items, as appropriate: a. Data requests, assumptions, critical correspondence, meeting agenda, sign-in sheets, meeting minutes, document comment-response log(s), technical memorandum/reports, addenda, progress reports, regulatory correspondence, and other project-related documents. b. If construction project, also include design plans, conformed plans, change orders, field orders, RFIs, work change directives, addenda, progress reports, shop drawing and progress submittals, as-builts, record drawings, and other project-related documents such as O&M manuals and warranty information. c. At the conclusion of the project, ENGINEER will combine this information into a Project Catalog and submit to the City for review and comment. 3. Arc Flash labeling requirements: a. All electrical designs and construction shall adhere to NFPA 70 E “Standard for Electrical Safety in the Workplace”. b. Updated calculations of Fault and Arc Flash, and provisions for new or updated Arc Flash equipment labeling shall be included in the contract documents. 12. SPECIAL CONSIDERATIONS: 13. SIGNATURES: PREPARED BY: APPROVED BY: Daniel Parsons, PE, CFM, ENV SP Tara Kivett, P.E. Division Manager City Engineer Atkins North America City of Clearwater Date Date ATTACHMENT “A” CONSULTANT WORK ORDER – PROJECT FEES TABLE Community Rating System Support Services 2023-2026 Atkins 21-0024-EN City of Clearwater Consultant Work Order – Project Fees Table Page 1 of 1 Revised: 8/3/2021 CONSULTANT WORK ORDER Supplemental 1 PROJECT FEES TABLE Task Description Subconsultant Services Labor Total 1.0 Project Management/Meetings/Quality Control 1.1 Project Management $27,200.00 $27,200.00 1.2 QA/QC $17,220.00 $17,220.00 2.0 Annual Support Services 2.1 Annual Support Labor $123,270.00 $123,270.00 3.0 Program Improvements 3.1 Process Improvements Labor $103,240.00 $103,240.00 GRAND TOTAL: $270,930.00 ATTACHMENT “B” (Include if applicable) CONSULTANT WORK ORDER – CITY DELIVERABLES Community Rating System Support Services 2023-2026 Atkins 21-0024-EN City of Clearwater Consultant Work Order – City Deliverables Page 1 of 1 Revised: 8/3/2021 CONSULTANT WORK ORDER CITY DELIVERABLES 1. FORMAT: The design plans shall be compiled utilizing the following methods: 1. City of Clearwater CAD standards. 2. Datum: Horizontal and Vertical datum shall be referenced to North American Vertical Datum of 1988 (vertical) and North American Datum of 1983/90 (horizontal). The unit of measurement shall be the United States Foot. Any deviation from this datum will not be accepted unless reviewed by City of Clearwater Engineering/Geographic Technology Division. 2. DELIVERABLES: The design plans shall be produced on bond material, 24" x 36" at a scale of 1" = 20’ unless approved otherwise. Upon completion the consultant shall deliver all drawing files in digital format with all project data in Autodesk Civil 3D file format. NOTE: If approved deviation from Clearwater CAD standards are used the Consultant shall include all necessary information to aid in manipulating the drawings including either PCP, CTB file or pen schedule for plotting. The drawing file shall include only authorized fonts, shapes, line types or other attributes contained in the standard release of Autodesk, Inc. software. All block references and references contained within the drawing file shall be included. Please address any questions regarding format to Mr. Tom Mahony, at (727) 562-4762 or email address Tom.Mahony@myClearwater.com. All electronic files (including CAD and Specification files) must be delivered upon completion of project or with 100% plan submittal to City of Clearwater. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-0902 Agenda Date: 8/3/2023 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Fire Department Agenda Number: 7.9 SUBJECT/RECOMMENDATION: Approve an agreement and purchase order with HQE Systems, Inc of Temecula, CA, for a severe weather and emergency alert system and support services for the City of Clearwater residents, tourists, and Emergency Management team in the not to exceed amount of $1,282,463.06 pursuant to RFP 30-22, Severe Weather Alert System, and authorize the appropriate officials to execute same. (consent) SUMMARY: With the City’s vulnerability to various types of dangerous environmental conditions, a Request for Proposal for a severe weather alert system was issued by Procurement and the City received proposals from five interested Vendors. The evaluation committee consisting of representatives from Clearwater Fire and Rescue, Information Technology, and Parks and Recreation evaluated the proposals and shortlisted four Vendors for further consideration . Upon conclusion of presentations, the selection committee selected HQE Systems. This severe weather and emergency alert system will benefit the City’s Emergency Management team and Beach Lifeguards to inform and/or prepare citizens for impending changes in weather. In addition to severe weather, beach lifeguard personnel can use this system to alert for conditions related to marine life and rip tides as well as missing swimmers. HQE Systems, Inc. (HQE), will supply and install a severe weather and emergency alert system for City of Clearwater beaches, parks and recreation facilities and provide full -service maintenance support for $1,282,463.06 under an eight-year service period. ·Year 1-2: $845,304.92 for alert system to include installation, training and two years of Full-Service Maintenance Support and two years of Electronic Alerts. ·Year 3-8: $437,158.14 ($72,859.69 annually): Full-Service Maintenance Support ·Cellular Services for the Severe Warning System is included for all eight years at no additional cost. The SiRcom SMART Alert Software (SISA) is cloud-based management software that can be accessed from any location via a dedicated web portal assigned to the City. It includes unlimited administrator accounts, unlimited city groups and subgroups, and resident access. The software program enables text alerts, email alerts, social media posts, FEMA IPAWs alerts, mobile application alerts, automated weather alerts, and desktop monitor alerts for the first two years. If the City elects to continue with these alerts the annual amount for this will be $9,500.00 beginning in year three. This additional cost is not reflected above. Page 1 City of Clearwater Printed on 8/1/2023 File Number: ID#23-0902 Twenty-six sites (Exhibit A) will have an outdoor speaker system, which includes: power supply, amplifier, communications module, backup battery, solar charger (six beach sites and five recreation sites), wiring and cables to mount the kits. The city will receive eight years of cellular communications service, a perpetual software license and a No-Hassle Bumper-to-Bumper Maintenance Service. Under this service, HQE will ensure the installation is fully maintained and repaired; provide semi -annual preventative maintenance; corrective maintenance; software updates and maintenance patches; cloud-server hosting services; and 24/7 customer and technical support. The City’s Emergency Management Department will be the point of contact for working with HQE. The term of the agreement is effective on the date written on the agreement and will be in effect for eight years. Any mutually agreed upon changes, from either party to the terms of this Contract, shall be effective when incorporated as a written amendment to this Contract. APPROPRIATION CODE AND AMOUNT: A third quarter budget amendment will establish special program C2304, Emergency Alert System and provide a transfer of $845,304.92 from special program D2001, Covid-19 Prep & Response, to fund the first 2 years of this agreement. Funding for services in future years (beginning in year 3) will be requested as part of the annual budget process. USE OF RESERVE FUNDS: NA Page 2 City of Clearwater Printed on 8/1/2023 RFP 30-22, Exhibit C STANDARD TERMS AND CONDITIONS S.1 DEFINITIONS. Uses of the following terms are interchangeable as referenced: “vendor, contractor, consultant, supplier, proposer, company, persons”, “purchase order, PO, contract, agreement”, “City, Clearwater”, “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, executive orders, 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 RFP 30-22, Exhibit C STANDARD TERMS AND CONDITIONS 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. RFP 30-22, Exhibit C STANDARD TERMS AND CONDITIONS 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 PUBLIC RECORDS. 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 Email: Rosemarie.Call@myclearwater.com, 600 Cleveland Street, Suite 600, Clearwater, FL 33755. The Contractor agrees to comply with the following: a) Keep and maintain public records required by the City of Clearwater (hereinafter “public agency” in this section) to perform the service being provided by the contractor hereunder. b) Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided for in Chapter 119, Florida Statutes, as may be amended from time to time, or as otherwise provided by law. c) Ensure that the public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. e) A request to inspect or copy public records relating to a public agency’s contract for services must be made directly to the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the contractor of the request and the contractor must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time. f) The contractor hereby acknowledges and agrees that if the contractor does not comply with the public agency’s request for records, the public agency shall enforce the contract provisions in accordance with the contract. g) A contractor who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. RFP 30-22, Exhibit C STANDARD TERMS AND CONDITIONS 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 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 or suspended in accordance with the Clearwater Code of Ordinances Section 2.565 or if Contractor is debarred or suspended by another governmental entity. RFP 30-22, Exhibit C STANDARD TERMS AND CONDITIONS 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 at its convenience, in part or in whole, upon thirty (30) calendar days’ written notice. S.21 TERMINATION FOR CONFLICT OF INTEREST. 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, in its sole discretion, 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. RFP 30-22, Exhibit C STANDARD TERMS AND CONDITIONS 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. If applicable, this paragraph shall be construed in harmony with F. S. § 725.06. 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. d. Nothing contained herein in intended to serve as a waiver by the City of its sovereign immunity, to extend the liability of the City beyond the limits set forth in Section 768.28, Florida Statutes, or be construed as consent by the City to be sued by third parties. 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. If applicable, this paragraph shall be construed in harmony with F. S. § 725.06. S.27 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 RFP 30-22, Exhibit C STANDARD TERMS AND CONDITIONS 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 FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB destination freight prepaid and allowed unless otherwise agreed. S.32 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.33 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.34 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.35 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. Nothing contained herein in intended to serve as a waiver by the City of its sovereign immunity, to extend the liability of the City beyond the limits set forth in Section 768.28, Florida Statutes, or be construed as consent by the City to be sued by third parties. S.36 CONTRACT ADMINISTRATION. This Agreement will be administered by the Purchasing Administrator and/or an authorized representative from the using department. All questions regarding this Agreement will be referred to the administrator for resolution. Supplements may be written to this Agreement for the addition or deletion of services. Payment will be negotiated and determined by the contract administrator(s). S.37 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 RFP 30-22, Exhibit C STANDARD TERMS AND CONDITIONS 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.38 COOPERATIVE USE OF CONTRACT. This Agreement may be extended for use by other municipalities, counties, school districts, and government agencies with the approval of Contractor. Any such usage by other entities must be in accordance with the statutes, codes, ordinances, charter and/or procurement rules and regulations of the respective government agency. Orders placed by other agencies and payment thereof will be the sole responsibility of that agency. The City is not responsible for any disputes arising out of transactions made by others. S.39 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.40 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 electronic mail; (iv) sent via overnight courier; or (v) 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 electronic mail, overnight courier, or facsimile, receipt will be deemed effective two (2) calendar days after the sending thereof. S.41 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.42 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.43 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.44 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.45 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. RFP 30-22, Exhibit B INSURANCE REQUIREMENTS 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. Professional Liability/Malpractice/Errors or Omissions Insurance coverage appropriate for the type of business engaged in by the Respondent with minimum limits of $2,000,000 (two million dollars) per occurrence. If a claims made form of coverage is provided, the retroactive date of coverage shall be no later than the inception date of claims made coverage, unless the prior policy was extended indefinitely to cover prior acts. Coverage shall be extended beyond the policy year either by a supplemental extended reporting period (SERP) of as great a duration as available, and with no less coverage and with reinstated aggregate limits, or by requiring that any new policy provide a retroactive date no later than the inception date of claims made coverage. d. Unless waived by the State of Florida and proof of waiver is provided to the City, statutory Workers’ Compensation Insurance coverage in accordance with the laws of the State of Florida, and Employer’s Liability Insurance in the minimum amount of $1,000,000 (one million dollars) each employee each accident, $1,000,000 (one million dollars) each employee by disease, and $1,000,000 (one million 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. RFP 30-22, Exhibit B INSURANCE REQUIREMENTS The address where such certificates and certified policies shall be sent or delivered is as follows: City of Clearwater Attn: Procurement Division, RFP #30-22 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 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. Severe Weather Alert System 1087628 C7 LICENSE Final Proposed Solution - Executive Summary AS OF JULY 19, 2023 Helping City of Clearwater 1 System Overview 2 DRAFT Project Timeline 3 Cost Summary How HQE’s proposed system, the SiRcom SMART Alert platform will serve the City of Clearwater. ➢Tentative Timeline: ~120 Days To Start ➢Turnkey Installation, includes: ✓Final Design Plan ✓Installation ✓Testing & Training ➢2 Years of Hassle-Free Maintenance (Grant Offer) ➢Estimated After Discounts & Grants: $845,304.92 (Initial Systems Installations Only, See Pg 32 for the detailed cost breakout) ✓HQE is offering a cost savings of over $283,225.10 with HQE’s Grants and SiRcom Discount. ➢Turnkey Estimate, includes: ✓Labor, Travel, Equipment & Materials for 26 sites with Voice Intelligible Sirens ✓Cellular Communications ✓FEMA/NOAA Integration ✓Lightning Detection Integration ✓Testing & Training 2 Prepared for the City of Clearwater Executive Summary: Severe Weather Alert System HQE’s Objective To anticipate the needs of the City of Clearwater and provide a modern solution that will withstand the test of time! Prepared for the City of Clearwater Executive Summary: Severe Weather Alert System System Overview The proposed SiRcom Severe SMART Weather Alert is a robust Emergency Mass Notification Severe Weather Alert System designed to enable emergency managers with all the tools necessary to keep your population safe. Voice Intelligible Sirens Kits 26 Battle-tested and proven Outdoor Sirens, each having: ●QTY 6 Beach Kit (total) ○QTY 12, 30W Speakers ○QTY 6, Integrations Unit ○QTY 6, Solar 200W ○QTY 2, Lightning Detector ○QTY 6, Mounting Kit ●QTY 20 Park Kits (total) ○QTY 20, 30W Speaker Kits ■4 Speakers Per Kit ○QTY 20, Integrations Unit ○QTY 5, Solar 200W ○QTY 20, Mounting Kit Activation Types 3 Activate Sirens and Send Alerts using a plethora of modalities: 1.FEMA Certified Cloud App ➢From any PC ➢From Mobile App 2.Mobile Application ➢iOS, Android 3.Automated Alerts ➢NOAA ➢Lightning Detection Communication Method 1 Reliable activation methods gives peace of mind, utilizing: 1.Cellular 4G/LTE Lightning System 2 Monitor conditions using live lightning monitoring sensors: ●High Accuracy Up To 24 mi ●Coastal Rated Hardware ●Real-Time Monitoring ●Range Customizable 4 Prepared for the City of Clearwater Executive Summary: Severe Weather Alert System Prepared for the City of Clearwater Executive Summary: Severe Weather Alert System System Design (Updated) QTY: 4 Speakers (All Weather 30W) / Speakers Powered Alerted VIA and ISU At Each Site (Total of 6 Sites)Cellular Activation SIM API For Integrations Lightning Sensor Cellular (LTE) Receives All Voice & Tone Alerts Manage & Activate (Cloud Based) Web-Based Cellular Dual Sensor (improved accuracy) Receiver Up to 24 Miles QTY: 4 Speakers (All Weather 30W) / Speakers Powered Alerted VIA and ISU At Each Site (Total of 20 Sites) Parks/Rec Centers 20 Sites Beach 6 Sites Proposed Lightning Detection Kit Prepared for the City of Clearwater Executive Summary: Severe Weather Alert System 6 Sensors locate the lightning strike. Reports to the relay and the info is displayed on the SiRcom SMART Alert Software. An automated or manual alert can be sent out. Lightning Dual Sensor Offered Relay Module (Adjust Ranges To City’s SOP) ALERT LIGHTNING Within 4 Miles Alert Messages Can Be Sent Manually or via a Automated Protocols ALERT LIGHTNING Within 4 Miles Data QTY 2, Lightning Dual Sensor QTY 1, Sensor Relay Module What Is Included In The Alert System Kit Prepared for the City of Clearwater Executive Summary: Severe Weather Alert System 7 Beach Alert System Park Alert System W/ Solar Park Alert System W/O Solar Total of 6 Kits at the Designated Beach Sites QTY 1, Alert Software (Cloud) QTY 2, 30W Intelligible Speakers QTY 1, Integrated Speaker Unit (ISU) QTY 1, 200W Solar Power Unit Total of 5 Kits At Designated Parks QTY 1, Alert Software (Cloud) QTY 4, 30W Intelligible Speakers QTY 1, Integrated Speaker Unit (ISU) QTY 1, 200W Solar Power Unit Total of 15 Kits At Designated Parks QTY 1, Alert Software (Cloud) QTY 4, 30W Intelligible Speakers QTY 1, Integrated Speaker Unit (ISU) Prepared for the City of Clearwater Executive Summary: Severe Weather Alert System 8 #Part #Equipment Descriptions QTY 1 SiSA Cloud, SiRcom SMART Alert Cloud Package, Annual 1 2 HQE-LTE Cloud, LTE Cellular Modem, CloudConnect 6 3 HQE-LTE Cloud, Cellular Service, 8 Years 6 4 SPT-118 SiRcom, ISU with 2 30 Watt Self Amplified Speakers 6 5 PSIO.LED Siren System, LED Lights, Tri-Color 6 6 RSP200D-US Siren System, Solar, 200 Watt Panels w/Charge Controller & Frames 6 7 EFM-100 Lightning System, EFM-100 Electric Field Mill 2 8 ERL-10 Lightning System, ERL-10 Lightning Relay Module 2 9 HQE Misc.Misc. Cables, Conduits, and other Misc. Materials 6 Sites 1-6 - Beach Estimated Site Plans Estimated Site Plans 9 Prepared for the City of Clearwater Executive Summary: Severe Weather Alert System 280m 70m Site 7 - Clearwater Beach Rec Center #Part #Equipment Descriptions QTY 1 SiSA Cloud, SiRcom SMART Alert Cloud Package, Annual (Provided with original package)Incl. 2 HQE-LTE Cloud, LTE Cellular Modem, CloudConnect 1 3 HQE-LTE Cloud, Cellular Service, 8 Years 1 4 SPT-118 SiRcom, ISU with QTY 4 - 30 Watt Self Amplified Speakers (Roof/Wall/Existing Pole Mounted) *New Poles Not Included 1 5 PSIO.LED Siren System, LED Lights, Tri-Color 1 6 RSP200D-US Siren System, Solar, 200 Watt Panels w/Charge Controller & Frames 0 7 HQE Misc.Misc. Cables, Conduits, and other Misc. Materials 1 10 Prepared for the City of Clearwater Executive Summary: Severe Weather Alert System 400m 200m Site 8- Countryside Rec Center / Community Park Estimated Site Plans #Part #Equipment Descriptions QTY 1 SiSA Cloud, SiRcom SMART Alert Cloud Package, Annual (Provided with original package)Incl. 2 HQE-LTE Cloud, LTE Cellular Modem, CloudConnect 1 3 HQE-LTE Cloud, Cellular Service, 8 Years 1 4 SPT-118 SiRcom, ISU with QTY 4 - 30 Watt Self Amplified Speakers (Roof/Wall/Existing Pole Mounted) *New Poles Not Included 1 5 PSIO.LED Siren System, LED Lights, Tri-Color 1 6 RSP200D-US Siren System, Solar, 200 Watt Panels w/Charge Controller & Frames 1 7 HQE Misc.Misc. Cables, Conduits, and other Misc. Materials 1 11 Prepared for the City of Clearwater Executive Summary: Severe Weather Alert System 400m 200m Site 9 - Henry L. McMullen Tennis Complex Estimated Site Plans #Part #Equipment Descriptions QTY 1 SiSA Cloud, SiRcom SMART Alert Cloud Package, Annual (Provided with original package)Incl. 2 HQE-LTE Cloud, LTE Cellular Modem, CloudConnect 1 3 HQE-LTE Cloud, Cellular Service, 8 Years 1 4 SPT-118 SiRcom, ISU with QTY 4 - 30 Watt Self Amplified Speakers (Roof/Wall/Existing Pole Mounted) *New Poles Not Included 1 5 PSIO.LED Siren System, LED Lights, Tri-Color 1 6 RSP200D-US Siren System, Solar, 200 Watt Panels w/Charge Controller & Frames 0 7 HQE Misc.Misc. Cables, Conduits, and other Misc. Materials 1 12 Prepared for the City of Clearwater Executive Summary: Severe Weather Alert System 400m 160m Site 10 - Long Center Estimated Site Plans #Part #Equipment Descriptions QTY 1 SiSA Cloud, SiRcom SMART Alert Cloud Package, Annual (Provided with original package)Incl. 2 HQE-LTE Cloud, LTE Cellular Modem, CloudConnect 1 3 HQE-LTE Cloud, Cellular Service, 8 Years 1 4 SPT-118 SiRcom, ISU with QTY 4 - 30 Watt Self Amplified Speakers (Roof/Wall/Existing Pole Mounted) *New Poles Not Included 1 5 PSIO.LED Siren System, LED Lights, Tri-Color 1 6 RSP200D-US Siren System, Solar, 200 Watt Panels w/Charge Controller & Frames 0 7 HQE Misc.Misc. Cables, Conduits, and other Misc. Materials 1 13 Prepared for the City of Clearwater Executive Summary: Severe Weather Alert System 630m 320m Site 11 - Moccasin Lake Nature Park #Part #Equipment Descriptions QTY 1 SiSA Cloud, SiRcom SMART Alert Cloud Package, Annual (Provided with original package)Incl. 2 HQE-LTE Cloud, LTE Cellular Modem, CloudConnect 1 3 HQE-LTE Cloud, Cellular Service, 8 Years 1 4 SPT-118 SiRcom, ISU with QTY 4 - 30 Watt Self Amplified Speakers (Wall/Existing Pole Mounted) *New Poles Not Included 1 5 PSIO.LED Siren System, LED Lights, Tri-Color 1 6 RSP200D-US Siren System, Solar, 200 Watt Panels w/Charge Controller & Frames 1 7 CEIL-8 Indoor Public Address Speakers (Up To)0 9 HQE Misc.Misc. Cables, Conduits, and other Misc. Materials 1 Note: May require add’l pole for speakers Estimated Site Plans 14 Prepared for the City of Clearwater Executive Summary: Severe Weather Alert System 230m 160m Site 12 - Morningside Rec Center Estimated Site Plans #Part #Equipment Descriptions QTY 1 SiSA Cloud, SiRcom SMART Alert Cloud Package, Annual (Provided with original package)Incl. 2 HQE-LTE Cloud, LTE Cellular Modem, CloudConnect 1 3 HQE-LTE Cloud, Cellular Service, 8 Years 1 4 SPT-118 SiRcom, ISU with QTY 4 - 30 Watt Self Amplified Speakers (Roof/Wall/Existing Pole Mounted) *New Poles Not Included 1 5 PSIO.LED Siren System, LED Lights, Tri-Color 1 6 RSP200D-US Siren System, Solar, 200 Watt Panels w/Charge Controller & Frames 0 7 HQE Misc.Misc. Cables, Conduits, and other Misc. Materials 1 15 Prepared for the City of Clearwater Executive Summary: Severe Weather Alert System 200m 130m Site 13 - North Greenwood Rec Center Estimated Site Plans #Part #Equipment Descriptions QTY 1 SiSA Cloud, SiRcom SMART Alert Cloud Package, Annual (Provided with original package)Incl. 2 HQE-LTE Cloud, LTE Cellular Modem, CloudConnect 1 3 HQE-LTE Cloud, Cellular Service, 8 Years 1 4 SPT-118 SiRcom, ISU with QTY 4 - 30 Watt Self Amplified Speakers (Roof/Wall/Existing Pole Mounted) *New Poles Not Included 1 5 PSIO.LED Siren System, LED Lights, Tri-Color 1 6 RSP200D-US Siren System, Solar, 200 Watt Panels w/Charge Controller & Frames 0 7 HQE Misc.Misc. Cables, Conduits, and other Misc. Materials 1 16 Prepared for the City of Clearwater Executive Summary: Severe Weather Alert System 420m 150m Site 14 - Ross Norton Rec Center Estimated Site Plans #Part #Equipment Descriptions QTY 1 SiSA Cloud, SiRcom SMART Alert Cloud Package, Annual (Provided with original package)Incl. 2 HQE-LTE Cloud, LTE Cellular Modem, CloudConnect 1 3 HQE-LTE Cloud, Cellular Service, 8 Years 1 4 SPT-118 SiRcom, ISU with QTY 4 - 30 Watt Self Amplified Speakers (Roof/Wall/Existing Pole Mounted) *New Poles Not Included 1 5 PSIO.LED Siren System, LED Lights, Tri-Color 1 6 RSP200D-US Siren System, Solar, 200 Watt Panels w/Charge Controller & Frames 0 7 HQE Misc.Misc. Cables, Conduits, and other Misc. Materials 1 17 Prepared for the City of Clearwater Executive Summary: Severe Weather Alert System 283m 264m Site 15 - Coachman Park Estimated Site Plans #Part #Equipment Descriptions QTY 1 SiSA Cloud, SiRcom SMART Alert Cloud Package, Annual (Provided with original package)Incl. 2 HQE-LTE Cloud, LTE Cellular Modem, CloudConnect 1 3 HQE-LTE Cloud, Cellular Service, 8 Years 1 4 SPT-118 SiRcom, ISU with QTY 4 - 30 Watt Self Amplified Speakers (Roof/Wall/Existing Pole Mounted) *New Poles Not Included 1 5 PSIO.LED Siren System, LED Lights, Tri-Color 1 6 RSP200D-US Siren System, Solar, 200 Watt Panels w/Charge Controller & Frames 0 7 HQE Misc.Misc. Cables, Conduits, and other Misc. Materials 1 18 Prepared for the City of Clearwater Executive Summary: Severe Weather Alert System 415m 170m Site 16 - Countryside Sports Complex Estimated Site Plans #Part #Equipment Descriptions QTY 1 SiSA Cloud, SiRcom SMART Alert Cloud Package, Annual (Provided with original package)Incl. 2 HQE-LTE Cloud, LTE Cellular Modem, CloudConnect 1 3 HQE-LTE Cloud, Cellular Service, 8 Years 1 4 SPT-118 SiRcom, ISU with QTY 4 - 30 Watt Self Amplified Speakers (Roof/Wall/Existing Pole Mounted) *New Poles Not Included 1 5 PSIO.LED Siren System, LED Lights, Tri-Color 1 6 RSP200D-US Siren System, Solar, 200 Watt Panels w/Charge Controller & Frames 0 7 HQE Misc.Misc. Cables, Conduits, and other Misc. Materials 1 19 Prepared for the City of Clearwater Executive Summary: Severe Weather Alert System 447m 513m Site 17 - Crest Lake Park Estimated Site Plans #Part #Equipment Descriptions QTY 1 SiSA Cloud, SiRcom SMART Alert Cloud Package, Annual (Provided with original package)Incl. 2 HQE-LTE Cloud, LTE Cellular Modem, CloudConnect 1 3 HQE-LTE Cloud, Cellular Service, 8 Years 1 4 SPT-118 SiRcom, ISU with QTY 4 - 30 Watt Self Amplified Speakers (Roof/Wall/Existing Pole Mounted) *New Poles Not Included 1 5 PSIO.LED Siren System, LED Lights, Tri-Color 1 6 RSP200D-US Siren System, Solar, 200 Watt Panels w/Charge Controller & Frames 0 7 HQE Misc.Misc. Cables, Conduits, and other Misc. Materials 1 20 Prepared for the City of Clearwater Executive Summary: Severe Weather Alert System 227m 240m Site 18 - Eddie C. Moore 1-4 Estimated Site Plans #Part #Equipment Descriptions QTY 1 SiSA Cloud, SiRcom SMART Alert Cloud Package, Annual (Provided with original package)Incl. 2 HQE-LTE Cloud, LTE Cellular Modem, CloudConnect 1 3 HQE-LTE Cloud, Cellular Service, 8 Years 1 4 SPT-118 SiRcom, ISU with QTY 4 - 30 Watt Self Amplified Speakers (Roof/Wall/Existing Pole Mounted) *New Poles Not Included 1 5 PSIO.LED Siren System, LED Lights, Tri-Color 1 6 RSP200D-US Siren System, Solar, 200 Watt Panels w/Charge Controller & Frames 1 7 HQE Misc.Misc. Cables, Conduits, and other Misc. Materials 1 21 Prepared for the City of Clearwater Executive Summary: Severe Weather Alert System 209m 187m Site 19 - Eddie C. Moore 5-7 Estimated Site Plans #Part #Equipment Descriptions QTY 1 SiSA Cloud, SiRcom SMART Alert Cloud Package, Annual (Provided with original package)Incl. 2 HQE-LTE Cloud, LTE Cellular Modem, CloudConnect 1 3 HQE-LTE Cloud, Cellular Service, 8 Years 1 4 SPT-118 SiRcom, ISU with QTY 4 - 30 Watt Self Amplified Speakers (Roof/Wall/Existing Pole Mounted) *New Poles Not Included 1 5 PSIO.LED Siren System, LED Lights, Tri-Color 1 6 RSP200D-US Siren System, Solar, 200 Watt Panels w/Charge Controller & Frames 1 7 HQE Misc.Misc. Cables, Conduits, and other Misc. Materials 1 22 Prepared for the City of Clearwater Executive Summary: Severe Weather Alert System 148m 143m Site 20 - Eddie C. Moore 8-9 Estimated Site Plans #Part #Equipment Descriptions QTY 1 SiSA Cloud, SiRcom SMART Alert Cloud Package, Annual (Provided with original package)Incl. 2 HQE-LTE Cloud, LTE Cellular Modem, CloudConnect 1 3 HQE-LTE Cloud, Cellular Service, 8 Years 1 4 SPT-118 SiRcom, ISU with QTY 4 - 30 Watt Self Amplified Speakers (Roof/Wall/Existing Pole Mounted) *New Poles Not Included 1 5 PSIO.LED Siren System, LED Lights, Tri-Color 1 6 RSP200D-US Siren System, Solar, 200 Watt Panels w/Charge Controller & Frames 1 7 HQE Misc.Misc. Cables, Conduits, and other Misc. Materials 1 23 Prepared for the City of Clearwater Executive Summary: Severe Weather Alert System 189m 236m Site 21 - Frank Tack Fields Estimated Site Plans #Part #Equipment Descriptions QTY 1 SiSA Cloud, SiRcom SMART Alert Cloud Package, Annual (Provided with original package)Incl. 2 HQE-LTE Cloud, LTE Cellular Modem, CloudConnect 1 3 HQE-LTE Cloud, Cellular Service, 8 Years 1 4 SPT-118 SiRcom, ISU with QTY 4 - 30 Watt Self Amplified Speakers (Roof/Wall/Existing Pole Mounted) *New Poles Not Included 1 5 PSIO.LED Siren System, LED Lights, Tri-Color 1 6 RSP200D-US Siren System, Solar, 200 Watt Panels w/Charge Controller & Frames 1 7 HQE Misc.Misc. Cables, Conduits, and other Misc. Materials 1 24 Prepared for the City of Clearwater Executive Summary: Severe Weather Alert System 426m 387m Site 22 - Glen Oaks Park Estimated Site Plans #Part #Equipment Descriptions QTY 1 SiSA Cloud, SiRcom SMART Alert Cloud Package, Annual (Provided with original package)Incl. 2 HQE-LTE Cloud, LTE Cellular Modem, CloudConnect 1 3 HQE-LTE Cloud, Cellular Service, 8 Years 1 4 SPT-118 SiRcom, ISU with QTY 4 - 30 Watt Self Amplified Speakers (Roof/Wall/Existing Pole Mounted) *New Poles Not Included 1 5 PSIO.LED Siren System, LED Lights, Tri-Color 1 6 RSP200D-US Siren System, Solar, 200 Watt Panels w/Charge Controller & Frames 0 7 HQE Misc.Misc. Cables, Conduits, and other Misc. Materials 1 25 Prepared for the City of Clearwater Executive Summary: Severe Weather Alert System 257m 195m Site 23 - Jack Russell Stadium Estimated Site Plans #Part #Equipment Descriptions QTY 1 SiSA Cloud, SiRcom SMART Alert Cloud Package, Annual (Provided with original package)Incl. 2 HQE-LTE Cloud, LTE Cellular Modem, CloudConnect 1 3 HQE-LTE Cloud, Cellular Service, 8 Years 1 4 SPT-118 SiRcom, ISU with QTY 4 - 30 Watt Self Amplified Speakers (Roof/Wall/Existing Pole Mounted) *New Poles Not Included 1 5 PSIO.LED Siren System, LED Lights, Tri-Color 1 6 RSP200D-US Siren System, Solar, 200 Watt Panels w/Charge Controller & Frames 0 7 HQE Misc.Misc. Cables, Conduits, and other Misc. Materials 1 26 Prepared for the City of Clearwater Executive Summary: Severe Weather Alert System 411m 383m Site 24 - DiMaggio Sports Complex Estimated Site Plans #Part #Equipment Descriptions QTY 1 SiSA Cloud, SiRcom SMART Alert Cloud Package, Annual (Provided with original package)Incl. 2 HQE-LTE Cloud, LTE Cellular Modem, CloudConnect 1 3 HQE-LTE Cloud, Cellular Service, 8 Years 1 4 SPT-118 SiRcom, ISU with QTY 4 - 30 Watt Self Amplified Speakers (Roof/Wall/Existing Pole Mounted) *New Poles Not Included 1 5 PSIO.LED Siren System, LED Lights, Tri-Color 1 6 RSP200D-US Siren System, Solar, 200 Watt Panels w/Charge Controller & Frames 0 7 HQE Misc.Misc. Cables, Conduits, and other Misc. Materials 1 27 Prepared for the City of Clearwater Executive Summary: Severe Weather Alert System 103m 160m Site 25 - Philip Jones Estimated Site Plans #Part #Equipment Descriptions QTY 1 SiSA Cloud, SiRcom SMART Alert Cloud Package, Annual (Provided with original package)Incl. 2 HQE-LTE Cloud, LTE Cellular Modem, CloudConnect 1 3 HQE-LTE Cloud, Cellular Service, 8 Years 1 4 SPT-118 SiRcom, ISU with QTY 4 - 30 Watt Self Amplified Speakers (Roof/Wall/Existing Pole Mounted) *New Poles Not Included 1 5 PSIO.LED Siren System, LED Lights, Tri-Color 1 6 RSP200D-US Siren System, Solar, 200 Watt Panels w/Charge Controller & Frames 0 7 HQE Misc.Misc. Cables, Conduits, and other Misc. Materials 1 28 Prepared for the City of Clearwater Executive Summary: Severe Weather Alert System 225m 395m Site 26 - Sid Lickton Fields Estimated Site Plans #Part #Equipment Descriptions QTY 1 SiSA Cloud, SiRcom SMART Alert Cloud Package, Annual (Provided with original package)Incl. 2 HQE-LTE Cloud, LTE Cellular Modem, CloudConnect 1 3 HQE-LTE Cloud, Cellular Service, 8 Years 1 4 SPT-118 SiRcom, ISU with QTY 4 - 30 Watt Self Amplified Speakers (Roof/Wall/Existing Pole Mounted) *New Poles Not Included 1 5 PSIO.LED Siren System, LED Lights, Tri-Color 1 6 RSP200D-US Siren System, Solar, 200 Watt Panels w/Charge Controller & Frames 0 7 HQE Misc.Misc. Cables, Conduits, and other Misc. Materials 1 Value Added Features Proposed As Initial Grants Electronic Mass Alerts 2 Years At no additional cost to the City of Clearwater, HQE will offer the capability for the City to easily send Automated or Manually Created electronic alerts (Voice Calls, SMS Tests, FEMA IPAWS, Emails, Desktop Alerts, Social Media Posts) Cellular Data Service 8 Years At no additional cost to the City of Clearwater, HQE will provide the City with 8 years of cellular data service. This will allow the City to operate its severe weather alert system without the hassle of paying for cellular data each year. Hassle Free Maintenance 2 Years At no additional cost to the City of Clearwater, HQE will provide the City with a hassle-free bumper-to-bumper maintenance service to include preventive and corrective maintenance. All costs associated with any work will be covered for the first two years. 29 Prepared for the City of Clearwater Executive Summary: Severe Weather Alert System As A Service Disabled Veteran Owned Company, HQE Wants To Commit To The City’s Mission By Providing Value Added Services and Capabilities. To maintain this critical system's functionality and reliability, HQE proposes the following comprehensive maintenance and support services: ●Semi-Annual Preventative Maintenance (PM): To ensure system longevity, we propose semi-annual system inspections and servicing, with the option for quarterly checks based on the environmental conditions and findings from the initial inspection. HQE’s certified technicians to perform preventive maintenance on all components and software two times per year. ●Responsive Corrective Maintenance (CM): Our round-the-clock remote support ensures quick response to system issues. If remote troubleshooting doesn't resolve the problem, our team will provide on-site support within 48 hours. Full service package includes all labor and equipment to ensure the highest readiness level of the system.* ●Software Upgrades: We commit to integrating all new features of the SiRcom SMART Alert Software (SiSA) and will carry out minor enhancements to continuously improve user experience. The City will receive all upgrade features at no additional cost. ●Software Patches: Our team will provide prompt security and operating system patches and services to guarantee the secure and optimal functionality of the software and hardware. ●Systems Integration: We offer services to integrate new systems procured or deployed by the City that may require interfacing with the early warning system, as long as the system's capabilities allow. HQE will provide integrations support for any new life safety solutions being deployed by the City. * To ensure seamless operations and sustained system efficiency, HQE is offering an 8-year full-service maintenance plan. This plan can be contracted for the entire 8-year period but billed annually for the city's financial convenience. This comprehensive coverage provides the City of Clearwater with peace of mind and ensures that the alert system will consistently provide a high level of service to its citizens. 30 Prepared for the City of Clearwater Executive Summary: Severe Weather Alert System Maintenance Package * Does not include Acts of God, vandalism, terrorism, or 3rd party breakage. Integrations to be limited to systems with APIs that can integrate with SiSA. Proposed Solution 31 Prepared for the City of Clearwater Executive Summary: Severe Weather Alert System #Description Unit Cost Unit Sub-Total Cost 1 Severe Weather Alert System (One Time Fixed Fee) ●QTY1, Management Software (perpetual lic) ●QTY 6, Beach Alert Kits ●QTY 20, Park Alert Kits ●QTY 2, Lightning Detection Kits ●Installations Labor ●Training, Test, and Turnover ●Initial HQE Grant - 2 Year Full Service Maintenance Support (see 5.2 for annual cost starting after the Grant period) ●Initial HQE Grant - 2 Years Electronic Alerts (voice calls, SMS)* (see 5.3 for annual cost starting after the Grant period) $845,304.92 1 $845,304.92 2 Cellular Service For The Severe Warning System (Recurring Fee) ●Initial HQE Grant - 8 Years (see 5.1 for annual cost starting after the Grant period) ●Covers all 26 sites (26 severe weather alert sites) ●Initial HQE Grant - No Cost To The City for the first 8 Years $17,550.00 PER YEAR For 8 YEARS $0 (GRANT) 3 Full Service Maintenance Support (Recurring Fee) ●6 Years of Service, Paid Annually By The City ●Semi-Annual Preventive Maintenance (before and after hurricane season) ●Corrective maintenance (all parts replaced and labor provided at the annual fixed price) ●Software Updates, Minor Software Modifications Services, Security Patches ●Starts on Year 3 ●Discounted Rate and No Annual Escalation To The Annual Price $72,859.69 PER YEAR FOR 6 YEARS $437,158.14 4 Total $1,282,463.06 5 The City’s Cost Post Initial Contract and Grant Periods Unit Cost Unit Sub-Total Cost ●5.1: Cellular Service For The Severe Weather Alert System (Annual Escalation Will Apply) - Starts Year 9 $17,550.00 PER YEAR $17,550.00 ●5.2: Full Service Maintenance Support (Annual Escalation Will Apply) - Starts Year 9 $72,859.69 PER YEAR $71,850.92 ●5.3: Electronic Alert Software Capabilities (FEMA IPAWs, Voice Calls, SMS Text, Emails, Social Media Posts) up to 250K Alerts Per Year. Starts Year 3 $9,500.00 PER YEAR $9,500.00 Discount Offer: After year two, 5.3 Electronic Alert Software Grant is complete. If the City combines the 5.2 Electronic Alert Software and 5.3 Full Maintenance Service Contract for 6 years after year, HQE will provide the Electronic Alert Software and the Full Maintenance Service, HQE will offer a 3% discount for the service period. DRAFT Project Timeline 32 Prepared for the City of Clearwater Executive Summary: Severe Weather Alert System CONTRACT SIGNED AUGUST 3 PROCUREMENT SEPTEMBER 18 INSTALLATIONS FEBRUARY 20 FULL WARRANTY START MARCH 1 TRAINING, TEST & TURNOVER FEBRUARY 29 PRE INSTALLATIONS JANUARY 8 DESIGN AUGUST 3 FEDERAL HOLIDAYS #Description % Of Payment Payment 1 Parts On Order 50%$422,652.46 2 Installations Complete 40%$338,121.97 3 Test & Turnover 10%$84,530.49 Note: The DRAFT project timeline does not take into account any delays due to issues outside of HQE’s authority to control (such as manufacturer’s delay, shipping issues, pandemic, etc.) 33 Prepared for the City of Clearwater Executive Summary: Severe Weather Alert System 33 Thank you. Please Contact Ms. Rosina Melian Rosina.Melian@HQESystems.com 1 (800) 967-3036 Page 1 of 4 CONTRACT BETWEEN CITY OF CLEARWATER AND HQE SYSTEMS, INC. RFP #30-22 SEVERE WEATHER ALERT SYSTEM THIS CONTRACT, entered into this 3rd day of August 2023, by and between the CITY OF CLEARWATER (“City”), a Florida municipal corporation, P.O. Box 4748, Clearwater, Florida 33758 and HQE SYSTEMS, INC. (“HQE” or “Vendor”), 27419 Via Industria, Temecula, CA 92590, and collectively as “Parties”. WHEREAS, the City desires to engage HQE to supply, install, and maintain a severe weather alert system for City beaches and parks and recreation facilities; WHEREAS, HQE desires to provide such services in accordance with this Contract; WHEREAS, the City selected HQE based on a Request for Proposals (“RFP”) #30- 22 Severe Weather Alert System, and responses by HQE to RFP #30-22, all of which are incorporated by reference and form a basis for this Contract. NOW THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration, the Parties agree that the above terms, recitals, and representations are true and accurate and are incorporated herein by reference, and the Parties further agree as follows: 1. SCOPE OF PROJECT. HQE agrees to supply, install, and maintain a severe weather alert system for City beaches and parks and recreation facilities as more fully described in attached Exhibit A. 2. TIME OF PERFORMANCE. The Contract Term shall commence on August 1, 2023, and end on July 31, 2031. Page 2 of 4 3. COMPENSATION. The City will pay HQE a sum not to exceed $1,282,463.06 as more fully described in Exhibit A, inclusive of all reasonable and necessary direct expenses, if applicable. The City may, from time to time, require changes in the scope of the project. Such changes, including any increase or decrease in the amount of HQE’s compensation, and any other changes in the terms of this Contract, which are mutually agreed upon by and between City and HQE, shall be effective when incorporated in written amendment to this Contract, upon mutual agreement. 4. NOTICES AND CHANGES OF ADDRESS. Any notice required or permitted to be given by the provisions of this Contract shall be conclusively deemed to have been received by a party hereto on the date it is hand delivered to such party at the address indicated below (or at such other address as such party shall specify to the other party in writing), or if sent by registered or certified mail (postage prepaid) on the fifth (5th) business day after the day on which such notice is mailed and properly addressed. HQE SYSTEMS, INC. CITY OF CLEARWATER Qais Alkurdi Derek Smith Name Name Chief Executive Officer Emergency Management Specialist Title Title 27419 Via Industria P.O. Box 4748 Temecula, CA 92590 Clearwater, Florida 33758 Address Address (800) 967-3036 727-562-4334 x4171 Telephone # Telephone # Page 3 of 4 5. INSURANCE REQUIREMENTS. Insurance Requirements are set forth in Exhibit B, which is incorporated by reference and attached hereto. 6. PROPRIETARY MATERIALS. Upon termination of this Contract, Vendor shall transfer, assign, and make available to City or its representatives all property and materials in Vendor’s possession belonging to or paid for by the City. 7. INTERESTS OF PARTIES. Vendor covenants that its officers, employees, and shareholders have no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance and/or provision of services required under the terms and conditions of this Contract. 8. CONFORMANCE WITH LAWS. Vendor agrees to comply with all applicable federal, state, and local laws during the life of this Contract. Vendor shall be responsible for obtaining and maintaining any licenses, permits, documents, or other permissions necessary for Vendor’s operation. 9. RFP #30-22, TERMS AND CONDITIONS All terms and conditions set forth in RFP #30-22, Standard Terms and Conditions are incorporated by reference and hereto attached as Exhibit C. Any inconsistency in documents relating to this Contract shall be resolved by giving precedence in the following order: (i) this Contract and subsequent Amendments, and (ii) RFP #30-22, Standard Terms and Conditions. Page 4 of 4 10.GOVERNING LAW AND VENUE. The laws of the State of Florida shall govern this Contract, and any action brought by either party shall lie in Pinellas County, Florida. IN WITNESS WHEREOF, the Parties have caused this Contract to be signed in its corporate/legal name by its authorized representatives or persons authorized to execute this Contract on the date and year first above written. HQE SYSTEMS, INC. ___________________________ Qais Alkurdi Chief Executive Officer Attest: ___________________________ Desiree Carr Director of Administration CITY OF CLEARWATER ___________________________ ___________________________ Brian J. Aungst Sr. Jennifer Poirrier Mayor City Manager Approved as to form: Attest: ___________________________ ___________________________ Owen Kohler Rosemarie Call Lead Assistant City Attorney City Clerk Procurement Division 100 S Myrtle Ave Clearwater FL 33756-5520 PO Box 4748, 33758-4748 727-562-4633 Tel v 07.2021 REQUEST FOR PROPOSALS #30-22 Severe Weather Alert System August 1, 2022 NOTICE IS HEREBY GIVEN that sealed proposals will be received by the City of Clearwater (City) until 10:00 AM, Local Time, August 31, 2022, to provide a Severe Weather Alert System. Brief Description: The City of Clearwater is seeking proposals from a qualified Contractor(s) to supply, install and maintain a severe weather alert system for Clearwater’s beaches and the City’s parks and recreation facilities. Proposals must be in accordance with the provisions, specifications and instructions set forth herein and will be received by the Procurement Division until the above noted time, when they will be publicly acknowledged and accepted. Proposal packets, any attachments and addenda are available for download at: https://www.myclearwater.com/business/rfp Please read the entire solicitation package and submit the bid in accordance with the instructions. This document (less this invitation and the instructions) and any required response documents, attachments, and submissions will constitute the bid. General, Process or Technical Questions concerning this solicitation should be directed, IN WRITING, to the following Senior Procurement Analyst: Eryn Berg, CPPB Sr. Procurement Analyst Eryn.Berg@myclearwater.com This Request for Proposals is issued by: Lori Vogel, CPPB Procurement Manager Lori.vogel@myclearwater.com INSTRUCTIONS Severe Weather Alert System 2 RFP #30-22 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 proposal. The City cannot be held responsible if a vendor fails to receive any addenda issued. The City shall not be responsible for any oral changes to these specifications made by any employees or officer of the City. Failure to acknowledge receipt of an addendum may result in disqualification of a proposal. i.3 VENDOR CONFERENCE / SITE VISIT: Yes No Mandatory Attendance: Yes No Date and Time: n/a Location: n/a If so designated above, attendance is mandatory as a condition of submitting a proposal. The conference/site visit provides interested parties an opportunity to discuss the City's needs, inspect the site and ask questions. During any site visit you must fully acquaint yourself with the conditions as they exist and the character of the operations to be conducted under the resulting contract. i.4 DUE DATE & TIME FOR SUBMISSION AND OPENING: Date: August 31, 2022 Time: 10:00 AM (Local Time) The City will open all proposals properly and timely submitted and will record the names and other information specified by law and rule. All proposals become the property of the City and will not be returned except in the case of a late submission. Respondent names, as read at the bid opening, will be posted on the City website. Once a notice of intent to award is posted or 30 days from day of opening elapses, whichever occurs earlier, proposals are available for inspection by contacting the Procurement Division. i.5 PROPOSAL FIRM TIME: 120 Days from Opening Proposal shall remain firm and unaltered after opening for the number of days shown above. The City may accept the proposal, subject to successful contract negotiations, at any time during this time. i.6 PROPOSAL SECURITY: Yes $ 0.00 No If so designated above, a proposal security in the amount specified must be submitted with the proposal. The security may be submitted in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, or cashier's check payable to the City of Clearwater (personal or company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to the City. Such proposal security shall be forfeited to the City of Clearwater should the proposer selected fail to execute a contract when requested. PERFORMANCE SECURITY: Yes $ 0.00 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 INSTRUCTIONS Severe Weather Alert System 3 RFP #30-22 acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to the City. If the Contractor fails or refuses to fully comply with the terms and conditions of the contract, the City shall have the right to use all or such part of said security as may be necessary to reimburse the City for loss sustained by reason of such breach. The balance of said security, if any, will be returned to Contractor upon the expiration or termination of the contract. i.7 SUBMIT PROPOSALS TO: It is recommended that proposals are submitted electronically through our bids website at https://www.myclearwater.com/business/rfp. Proposers may mail or hand-deliver proposals 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 Proposals will be received at this address. Proposers 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 proposal that is not properly addressed and identified. i.8 LATE PROPOSALS. The proposer assumes responsibility for having the proposal delivered on time at the place specified. All proposals received after the date and time specified shall not be considered and will be returned unopened to the proposer. The proposer assumes the risk of any delay in the mail or in handling of the mail by employees of the City of Clearwater, or any private courier, regardless whether sent by mail or by means of personal delivery. It shall not be sufficient to show that you mailed or commenced delivery before the due date and time. All times are Clearwater, Florida local times. The proposer agrees to accept the time stamp in the City’s Procurement Office as the official time. i.9 LOBBYING; 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 proposer begins any billable work prior to the City’s final approval and execution of the contract, proposer does so at its own risk. i.11 RESPONSIBILITY TO READ AND UNDERSTAND. Failure to read, examine and understand the solicitation will not excuse any failure to comply with the requirements of the solicitation or any resulting contract, nor shall such failure be a basis for claiming additional compensation. If a vendor suspects an error, omission or discrepancy in this solicitation, the vendor must immediately and in any case not later than (seven (7) business days in advance of the due date notify the contact on page one (1). The City is not responsible for and will not pay any costs INSTRUCTIONS Severe Weather Alert System 4 RFP #30-22 associated with the preparation and submission of the proposal. Proposers are cautioned to verify their proposals before submission, as amendments to or withdrawal of proposals submitted after time specified for opening of proposals may not be considered. The City will not be responsible for any proposer errors or omissions. i.12 FORM AND CONTENT OF PROPOSALS. Unless otherwise instructed or allowed, proposals shall be submitted on the forms provided. An original and the designated number of copies of each proposal are required. Proposals, including modifications, must be submitted in ink, typed, or printed form and signed by an authorized representative. Please line through and initial rather than erase changes. If the proposal is not properly signed or if any changes are not initialed, it may be considered non-responsive. In the event of a disparity between the unit price and the extended price, the unit price shall prevail unless obviously in error, as determined by the City. The City may require that an electronic copy of the proposal be submitted. The proposal must provide all information requested and must address all points. The City does not encourage exceptions. The City is not required to grant exceptions and depending on the exception, the City may reject the proposal. i.13 SPECIFICATIONS. Technical specifications define the minimum acceptable standard. When the specification calls for “Brand Name or Equal,” the brand name product is acceptable. Other products will be considered upon showing the other product meets stated specifications and is equivalent to the brand product in terms of quality, performance and desired characteristics. Minor differences that do not affect the suitability of the supply or service for the City’s needs may be accepted. Burden of proof that the product meets the minimum standards or is equal to the brand name product is on the proposer. The City reserves the right to reject proposals that the City deems unacceptable. i.14 MODIFICATION / WITHDRAWAL OF PROPOSAL. Written requests to modify or withdraw the proposal received by the City prior to the scheduled opening time will be accepted and will be corrected after opening. No oral requests will be allowed. Requests must be addressed and labeled in the same manner as the proposal and marked as a MODIFICATION or WITHDRAWAL of the proposal. Requests for withdrawal after the bid opening will only be granted upon proof of undue hardship and may result in the forfeiture of any proposal security. Any withdrawal after the bid opening shall be allowed solely at the City’s discretion. i.15 DEBARMENT DISCLOSURE. If the vendor submitting a proposal has been debarred, suspended, or otherwise lawfully precluded from participating in any public procurement activity, including being disapproved as a subcontractor with any federal, state, or local government, or if any such preclusion from participation from any public procurement activity is currently pending, the proposer shall include a letter with its proposal identifying the name and address of the governmental unit, the effective date of this suspension or debarment, the duration of the suspension or debarment, and the relevant circumstances relating to the suspension or debarment. If suspension or debarment is currently pending, a detailed description of all relevant circumstances including the details enumerated above must be provided. A proposal from a proposer who is currently debarred, suspended or otherwise lawfully prohibited from any public procurement activity may be rejected. i.16 RESERVATIONS. The City reserves the right to reject any or all proposals or any part thereof; to rebid the solicitation; to reject non-responsive or non-responsible proposals; to reject unbalanced proposals; to reject proposals where the terms, prices, and/or awards are conditioned upon another event; to reject individual proposals for failure to meet any requirement; to award by item, part or portion of an item, group of items, or total; to make multiple awards; to waive minor irregularities, defects, omissions, technicalities or form errors in any proposal. The City may seek clarification of the proposal from proposer at any time, and failure to respond is cause for rejection. Submission of a proposal confers on proposer no right to an award or to a subsequent contract. The City is responsible to make an award that is in the best interest of the City. All decisions on compliance, evaluation, terms and conditions shall be made solely at the City’s discretion and made to favor the City. No binding contract will exist between the proposer and the City until the City executes a written contract or purchase order. INSTRUCTIONS Severe Weather Alert System 5 RFP #30-22 i.17 OFFICIAL SOLICITATION DOCUMENT. Changes to the solicitation document made by a proposer may not be acknowledged or accepted by the City. Award or execution of a contract does not constitute acceptance of a changed term, condition or specification unless specifically acknowledged and agreed to by the City. The copy maintained and published by the City shall be the official solicitation document. i.18 COPYING OF PROPOSALS. Proposer hereby grants the City permission to copy all parts of its proposal, including without limitation any documents and/or materials copyrighted by the proposer. The City’s right to copy shall be for internal use in evaluating the proposal. i.19 CONTRACTOR ETHICS. It is the intention of the City to promote courtesy, fairness, impartiality, integrity, service, professionalism, economy, and government by law in the Procurement process. The responsibility for implementing this policy rests with each individual who participates in the Procurement process, including Respondents and Contractors. To achieve this purpose, it is essential that Respondents and Contractors doing business with the City also observe the ethical standards prescribed herein. It shall be a breach of ethical standards to: a. Exert any effort to influence any City employee or agent to breach the standards of ethical conduct. b. Intentionally invoice any amount greater than provided in Contract or to invoice for Materials or Services not provided. c. Intentionally offer or provide sub-standard Materials or Services or to intentionally not comply with any term, condition, specification or other requirement of a City Contract. i.20 GIFTS. The City will accept no gifts, gratuities or advertising products from proposers or prospective proposers and affiliates. The City may request product samples from vendors for product evaluation. i.21 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 Severe Weather Alert System 6 RFP #30-22 i.22 EVALUATION PROCESS. Proposals will be reviewed by a screening committee comprised of City employees. The City staff may or may not initiate discussions with proposers for clarification purposes. Clarification is not an opportunity to change the proposal. Proposers shall not initiate discussions with any City employee or official. i.23 CRITERIA FOR EVALUATION AND AWARD. The City evaluates three (3) categories of information: responsiveness, responsibility, the technical proposal/price. All proposals must meet the following responsiveness and responsibility criteria. a) Responsiveness. The City will determine whether the proposal complies with the instructions for submitting proposals including completeness of proposal which encompasses the inclusion of all required attachments and submissions. The City must reject any proposals that are submitted late. Failure to meet other requirements may result in rejection. b) Responsibility. The City will determine whether the proposer is one with whom it can or should do business. Factors that the City may evaluate to determine "responsibility" include, but are not limited to: excessively high or low priced proposals, past performance, references (including those found outside the proposal), compliance with applicable laws, proposer's record of performance and integrity- e.g. has the proposer been delinquent or unfaithful to any contract with the City, whether the proposer is qualified legally to contract with the City, financial stability and the perceived ability to perform completely as specified. A proposer must at all times have financial resources sufficient, in the opinion of the City, to ensure performance of the contract and must provide proof upon request. City staff may also use Dun & Bradstreet and/or any generally available industry information. The City reserves the right to inspect and review proposer’s facilities, equipment and personnel and those of any identified subcontractors. The City will determine whether any failure to supply information, or the quality of the information, will result in rejection. c) Technical Proposal. The City will determine how well proposals meet its requirements in terms of the response to the specifications and how well the offer addresses the needs of the project. The City will rank offers using a point ranking system (unless otherwise specified) as an aid in conducting the evaluation. d) If less than three (3) responsive proposals are received, at the City’s sole discretion, the proposals may be evaluated using simple comparative analysis instead of any announced method of evaluation, subject to meeting administrative and responsibility requirements. For this RFP, the criteria that will be evaluated and their relative weights are: Evaluation Criteria (pages 21-22) Points Qualifications, Experience, and References (Tab 2) 25 Product Capabilities (Tab 3) 35 Project Approach (Tab 4) 25 Cost of Services (Tab 5) 15 i.24 SHORT-LISTING. The City at its sole discretion may create a short-list of the highest ranked proposals based on evaluation against the evaluation criteria. Short-listed proposers may be invited to give presentations and/or interviews. Upon conclusion of any presentations/interviews, the City will finalize the ranking of shortlisted firms. i.25 PRESENTATIONS/INTERVIEWS Presentations and/or interviews may be requested at the City’s discretion. The location for these presentations and/or interviews will be determined by the City and may be held virtually. i.26 BEST & FINAL OFFERS. The City may request best & final offers if deemed necessary, and will determine the scope and subject of any best & final request. However, the proposer should not INSTRUCTIONS – EVALUATION Severe Weather Alert System 7 RFP #30-22 expect that the City will ask for best & finals and should submit their best offer based on the terms and conditions set forth in this solicitation. i.27 COST JUSTIFICATION. In the event only one response is received, the City may require that the proposer submit a cost proposal in sufficient detail for the City to perform a cost/price analysis to determine if the proposal price is fair and reasonable. i.28 CONTRACT NEGOTIATIONS AND ACCEPTANCE. Proposer must be prepared for the City to accept the proposal as submitted. If proposer fails to sign all documents necessary to successfully execute the final contract within a reasonable time as specified, or negotiations do not result in an acceptable agreement, the City may reject proposal or revoke the award, and may begin negotiations with another proposer. Final contract terms must be approved or signed by the appropriately authorized City official(s). No binding contract will exist between the proposer and the City until the City executes a written contract or purchase order. i.29 NOTICE OF INTENT TO AWARD. Notices of the City’s intent to award a Contract are posted to Purchasing’s website. It is the proposer’s responsibility to check the City of Clearwater’s website at https://www.myclearwater.com/business/rfp to view relevant RFP information and notices. i.30 RFP TIMELINE. Dates are tentative and subject to change. Release RFP: 08/01/2022 Advertise Tampa Bay Times: 8/10/2022 Responses due: 8/31/2022 Review proposals: 9/14/2022 Presentations (if requested): Week of 9/26/2022 Award recommendation: Week of 9/26/2022 (if presentations are requested) Council authorization: November 2022 Contract begins: November 2022 STANDARD TERMS AND CONDITIONS Severe Weather Alert System 8 RFP #30-22 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 Severe Weather Alert System 9 RFP #30-22 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. a. Contractor is responsible for the payment of all taxes including federal, state, and local taxes related to or arising out of Contractor’s services under this Agreement, including by way of illustration but not limitation, federal and state income tax, Social Security tax, unemployment insurance taxes, and any other taxes or business license fees as required. If any taxing authority should deem Contractor or Contractor employees an employee of the City, or should otherwise claim the City is liable for the payment of taxes that are Contractor’s responsibility under this Agreement, Contractor will indemnify the City for any tax liability, interest, and penalties imposed upon the City. b. The City is exempt from paying state and local sales/use taxes and certain federal excise taxes and will furnish an exemption certificate upon request. STANDARD TERMS AND CONDITIONS Severe Weather Alert System 10 RFP #30-22 S.12 AMOUNTS DUE THE CITY. Contractor must be current and remain current in all obligations due to the City during the performance of services under the Agreement. Payments to Contractor may be offset by any delinquent amounts due the City or fees and charges owed to the City. S.13 OPENNESS OF PROCUREMENT PROCESS. Written competitive proposals, replies, oral presentations, meetings where vendors answer questions, other submissions, correspondence, and all records made thereof, as well as negotiations or meetings where negotiation strategies are discussed, conducted pursuant to this RFP, shall be handled in compliance with Chapters 119 and 286, Florida Statutes. Proposals or replies received by the City pursuant to this RFP are exempt from public disclosure until such time that the City provides notice of an intended decision or until 30 days after opening the proposals, whichever is earlier. If the City rejects all proposals or replies pursuant to this RFP and provides notice of its intent to reissue the RFP, then the rejected proposals or replies remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued RFP or until the City withdraws the reissued RFP. A proposal or reply shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or replies. Oral presentations, meetings where vendors answer questions, or meetings convened by City staff to discuss negotiation strategies, if any, shall be closed to the public (and other proposers) in compliance with Chapter 286 Florida Statutes. A complete recording shall be made of such closed meeting. The recording of, and any records presented at, the exempt meeting shall be available to the public when the City provides notice of an intended decision or until 30 days after opening proposals or final replies, whichever occurs first. If the City rejects all proposals or replies pursuant to this RFP and provides notice of its intent to reissue the RFP, then the recording and any records presented at the exempt meeting remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued RFP or until the City withdraws the reissued RFP. A recording and any records presented at an exempt meeting shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or replies. In addition to all other contract requirements as provided by law, the contractor executing this agreement agrees to comply with public records law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, Rosemarie Call, phone: 727-562-4092 or Rosemarie.Call@myclearwater.com, 600 Cleveland Street, Suite 600, Clearwater, FL 33755. The contractor’s agreement to comply with public records law applies specifically to: a) Keep and maintain public records required by the City of Clearwater (hereinafter “public agency”) to perform the service being provided by the contractor hereunder. b) Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided for in Chapter 119, Florida Statutes, as may be amended from time to time, or as otherwise provided by law. c) Ensure that the public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. STANDARD TERMS AND CONDITIONS Severe Weather Alert System 11 RFP #30-22 d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. e) A request to inspect or copy public records relating to a public agency’s contract for services must be made directly to the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the contractor of the request and the contractor must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time. f) The contractor hereby acknowledges and agrees that if the contractor does not comply with the public agency’s request for records, the public agency shall enforce the contract provisions in accordance with the contract. g) A contractor who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. h) If a civil action is filed against a contractor to compel production of public records relating to a public agency’s contract for services, the court shall assess and award against the contractor the reasonable costs of enforcement, including reasonable attorney fees, if: 1. The court determines that the contractor unlawfully refused to comply with the public records request within a reasonable time; and 2. At least eight (8) business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the contractor has not complied with the request, to the public agency and to the contractor. i) A notice complies with subparagraph (h)2. if it is sent to the public agency’s custodian of public records and to the contractor at the contractor’s address listed on its contract with the public agency or to the contractor’s registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. A contractor who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. S.14 AUDITS AND RECORDS. Contractor must preserve the records related to this Agreement for five (5) years after completion of the Agreement. The City or its authorized agent reserves the right to inspect any records related to the performance of work specified herein. In addition, the City may inspect any and all payroll, billing or other relevant records kept by Contractor in relation to the Agreement. Contractor will permit such inspections and audits during normal business hours and upon reasonable notice by the City. The audit of records may occur at Contractor’s place of business or at City offices, as determined by the City. S.15 BACKGROUND CHECK. The City may conduct criminal, driver history, and all other requested background checks of Contractor personnel who would perform services under the Agreement or who will have access to the City’s information, data, or facilities in accordance with the City’s STANDARD TERMS AND CONDITIONS Severe Weather Alert System 12 RFP #30-22 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 Section 27 of the City’s Purchasing and Procedures Manual. c. Notice and Opportunity to Cure. In the event a party is in default then the other party may, at its option and at any time, provide written notice to the defaulting party of the default. The defaulting party will have thirty (30) days from receipt of the notice to cure the default; the thirty (30) day cure period may be extended by mutual agreement of the parties, but no cure period may exceed ninety (90) days. A default notice will be deemed to be sufficient if it is reasonably calculated to provide notice of the nature and extent of such default. Failure of the non-defaulting party to provide notice of the default does not waive any rights under the Agreement. d. Anticipatory Repudiation. Whenever the City in good faith has reason to question Contractor’s intent or ability to perform, the City may demand that Contractor give a written assurance of its intent and ability to perform. In the event that the demand is made and no written assurance is given within five (5) calendar days, the City may treat this failure as an anticipatory repudiation of the Agreement. S.18 REMEDIES. The remedies set forth in this Agreement are not exclusive. Election of one remedy will not preclude the use of other remedies. In the event of default: a. The non-defaulting party may terminate the Agreement, and the termination will be effective immediately or at such other date as specified by the terminating party. b. The City may purchase the services required under the Agreement from the open market, complete required work itself, or have it completed at the expense of Contractor. If the cost of obtaining substitute services exceeds the contract price, the City may recover the excess cost by: (i) requiring immediate reimbursement to the City; (ii) deduction from an unpaid balance due to Contractor; (iii) collection against the proposal and/or performance security, if any; (iv) collection against liquidated damages (if applicable); or (v) a combination of the aforementioned remedies or other remedies as provided by law. Costs includes any and all, fees, and expenses incurred in obtaining substitute services and expended in obtaining reimbursement, including, but not limited to, administrative expenses, attorneys’ fees, and costs. STANDARD TERMS AND CONDITIONS Severe Weather Alert System 13 RFP #30-22 c. The non-defaulting party will have all other rights granted under this Agreement and all rights at law or in equity that may be available to it. d. Neither party will be liable for incidental, special, or consequential damages. S.19 CONTINUATION DURING DISPUTES. Contractor agrees that during any dispute between the parties, Contractor will continue to perform its obligations until the dispute is settled, instructed to cease performance by the City, enjoined or prohibited by judicial action, or otherwise required or obligated to cease performance by other provisions in this Agreement. S.20 TERMINATION FOR CONVENIENCE. The City reserves the right to terminate this Agreement in part or in whole upon thirty (30) calendar days’ written notice. S.21 CONFLICT OF INTEREST F.S. Section 112. Pursuant to F.S. Section 112, the City may cancel this Agreement after its execution, without penalty or further obligation, if any person significantly involved in initiating, securing, drafting, or creating the Agreement for the City becomes an employee or agent of Contractor. S.22 TERMINATION FOR NON-APPROPRIATION AND MODIFICATION FOR BUDGETARY CONSTRAINT. The City is a governmental agency which relies upon the appropriation of funds by its governing body to satisfy its obligations. If the City reasonably determines that it does not have funds to meet its obligations under this Agreement, the City will have the right to terminate the Agreement without penalty on the last day of the fiscal period for which funds were legally available. In the event of such termination, the City agrees to provide written notice of its intent to terminate thirty (30) calendar days prior to the stated termination date. S.23 PAYMENT TO CONTRACTOR UPON TERMINATION. Upon termination of this Agreement, Contractor will be entitled only to payment for those services performed up to the date of termination, and any authorized expenses already incurred up to such date of termination. The City will make final payment within thirty (30) calendar days after the City has both completed its appraisal of the materials and services provided and received Contractor’s properly prepared final invoice. S.24 NON-WAIVER OF RIGHTS. There will be no waiver of any provision of this agreement unless approved in writing and signed by the waiving party. Failure or delay to exercise any rights or remedies provided herein or by law or in equity, or the acceptance of, or payment for, any services hereunder, will not release the other party of any of the warranties or other obligations of the Agreement and will not be deemed a waiver of any such rights or remedies. S.25 INDEMNIFICATION/LIABILITY. a. To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold the City, its officers, agents, and employees, harmless from and against any and all liabilities, demands, claims, suits, losses, damages, causes of action, fines or judgments, including costs, attorneys’, witnesses’, and expert witnesses’ fees, and expenses incident thereto, relating to, arising out of, or resulting from: (i) the services provided by Contractor personnel under this Agreement; (ii) any negligent acts, errors, mistakes or omissions by Contractor or Contractor personnel; and (iii) Contractor or Contractor personnel’s failure to comply with or fulfill the obligations established by this Agreement. b. Contractor will update the City during the course of the litigation to timely notify the City of any issues that may involve the independent negligence of the City that is not covered by this indemnification. c. The City assumes no liability for actions of Contractor and will not indemnify or hold Contractor or any third party harmless for claims based on this Agreement or use of Contractor-provided supplies or services. S.26 WARRANTY. Contractor warrants that the services and materials will conform to the requirements of the Agreement. Additionally, Contractor warrants that all services will be performed in a good, workman-like and professional manner. The City’s acceptance of service or materials provided by Contractor will not relieve Contractor from its obligations under this STANDARD TERMS AND CONDITIONS Severe Weather Alert System 14 RFP #30-22 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 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 STANDARD TERMS AND CONDITIONS Severe Weather Alert System 15 RFP #30-22 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 Division and/or an authorized representative from the using department. All questions regarding the contract will be referred to the Procurement Division for resolution. Supplements may be written to the contract for the addition or deletion of services. S.38 FORCE MAJEURE. Failure by either party to perform its duties and obligations will be excused by unforeseeable circumstances beyond its reasonable control, including acts of nature, acts of the public enemy, riots, fire, explosion, legislation, and governmental regulation. The party whose performance is so affected will within five (5) calendar days of the unforeseeable circumstance notify the other party of all pertinent facts and identify the force majeure event. The party whose performance is so affected must also take all reasonable steps, promptly and diligently, to prevent such causes if it is feasible to do so, or to minimize or eliminate the effect thereof. The delivery or performance date will be extended for a period equal to the time lost by reason of delay, plus such additional time as may be reasonably necessary to overcome the effect of the delay, provided however, under no circumstances will delays caused by a force majeure extend beyond one hundred-twenty (120) calendar days from the scheduled delivery or completion date of a task unless agreed upon by the parties. S.39 COOPERATIVE USE OF CONTRACT. The City has entered into various cooperative purchasing agreements with other Florida government agencies, including the Tampa Bay Area Purchasing Cooperative. Under a Cooperative Purchasing Agreement, any contract may be extended for use by other municipalities, school districts and government agencies with the approval of Contractor. Any such usage by other entities must be in accordance with the statutes, codes, ordinances, charter and/or procurement rules and regulations of the respective government agency. Orders placed by other agencies and payment thereof will be the sole responsibility of that agency. The City is not responsible for any disputes arising out of transactions made by others. S.40 FUEL CHARGES AND PRICE INCREASES. No fuel surcharges will be accepted. No price increases will be accepted without proper request by Contractor and response by the City’s Procurement Division. S.41 NOTICES. All notices to be given pursuant to this Agreement must be delivered to the parties at their respective addresses. Notices may be (i) personally delivered; (ii) sent via certified or registered mail, postage prepaid; (iii) sent via overnight courier; or (iv) sent via facsimile. If provided by personal delivery, receipt will be deemed effective upon delivery. If sent via certified or registered mail, receipt will be deemed effective three (3) calendar days after being deposited in the United States mail. If sent via overnight courier or facsimile, receipt will be deemed effective two (2) calendar days after the sending thereof. S.42 GOVERNING LAW, VENUE. This Agreement is governed by the laws of the State of Florida. The exclusive venue selected for any proceeding or suit in law or equity arising from or incident to this Agreement will be Pinellas County, Florida. S.43 INTEGRATION CLAUSE. This Agreement, including all attachments and exhibits hereto, supersede all prior oral or written agreements, if any, between the parties and constitutes the entire agreement between the parties with respect to the work to be performed. S.44 PROVISIONS REQUIRED BY LAW. Any provision required by law to be in this Agreement is a part of this Agreement as if fully stated in it. STANDARD TERMS AND CONDITIONS Severe Weather Alert System 16 RFP #30-22 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 Severe Weather Alert System 17 RFP #30-22 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. PROJECT GOAL. With this severe weather alert system, the City will gain valuable insight into how close storms and lightning are to City facilities. By gaining this knowledge, City staff will be able to better warn citizens and tourists of the upcoming weather so they can get to a safe place in a timely manner. 3. SCOPE OF WORK. The City of Clearwater is seeking a qualified Contractor(s) to supply, install and maintain a severe weather alert system (System) for Clearwater’s beaches and various parks and recreation facilities. This system shall be user-friendly, customizable, and shall be equipped with cloud-based software to allow the City to track weather in real time from any device (i.e., cell phone, desktop monitor, tablet, etc.). All work required to make the System operational shall be included in the Contractor’s scope of work, including but not limited to any required permitting, installation of the system, electrical wiring, data connections (if applicable), etc. All work shall conform to industry best practices and any applicable State and Local building codes. All work shall conform to the manufacturer’s recommendations and in accordance with the specifications outlined in this solicitation. Pricing provided shall be all inclusive and include but not be limited to all labor, materials, supplies, tools, equipment, insurance, freight, delivery, travel, programming, and supervision including any incidentals required to complete all work set forth. a. TECHNICAL SPECIFICATIONS: i. The minimum detection distance shall be adjustable and able to detect all active lightning strikes in real time to all users. ii. The System shall contain wireless internet or cellular communication capabilities to communicate data to cloud-based software accessible only by the City. iii. System shall include audible horns as well as a strobe/light component. iv. System shall include automated and manual activation capabilities. v. Some Systems shall have the ability to pre-record multiple messages and a “push to talk” microphone option to give flexibility in addressing the public. vi. Speakers shall be customizable to allow for maximum speech recognition and shall have the ability to adjust volume levels as needed. vii. All equipment, hardware, and associated components that are required for the System shall be made from corrosion resistant materials, able to withstand long periods near salt water, and free from any defects. viii. The System shall be solar powered and/or contain a backup battery/power source in the event of a power outage. b. ADDITIONAL REQUIREMENTS: i. Contractor shall be responsible for all materials stored on the site and shall be responsible for the restoration of any area utilized for material storage and/or operations. ii. If applicable, Contractor is responsible for coordinating final inspection of Work. DETAILED SPECIFICATIONS Severe Weather Alert System 18 RFP #30-22 Final payment will not be provided until, at a minimum, passing final inspection and closeout/completion of Permit, if applicable. iii. Maintenance plan to include monthly testing/inspection of hardware, software and equipment, including annual testing and certification of the System(s). iv. Five (5) year Warranty for all hardware, software and equipment including Manufacturer’s upgrades for equipment. v. The System’s software shall store test results on a local computer and be capable of saving or exporting all test result data in a common file format (e.g. .CSV, .XLSX or other tabular format) that will allow the City to view and manipulate data outside of the System’s software. c. TRAINING. Following installation, the Contractor must provide on-site training sessions for instructors. It is preferred that the Contractor also have knowledge base or repository for training materials and guides that City personnel can easily access. d. SUPPORT AND MAINTENANCE. The Contractor shall provide technical support and maintenance services inclusive of all components related to the System for a minimum of three (3) years following installation/implementation. The Contractor will submit pricing for a continued support and maintenance contract for a minimum of five (5) years beyond the initial three (3) year support. In the event of hardware failure or breakage, the Contractor is responsible for warrantying and replacing equipment. On-site technical assistance and support is strongly preferred. e. MINIMUM REQUIREMENTS. Vendors responding to this RFP shall have a minimum of five (5) years’ experience in the production and installation of a cloud-based severe weather alert systems. A minimum of three (3) references for which similar services have been provided is required with submittal. 4. 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. Professional Liability/Malpractice/Errors or Omissions Insurance coverage appropriate for the type of business engaged in by the Respondent with minimum limits of $2,000,000 (two million dollars) per occurrence. If a claims made form of coverage is provided, the retroactive date of coverage shall be no later than the inception date of claims made coverage, unless the prior policy was extended indefinitely to cover prior acts. Coverage DETAILED SPECIFICATIONS Severe Weather Alert System 19 RFP #30-22 shall be extended beyond the policy year either by a supplemental extended reporting period (SERP) of as great a duration as available, and with no less coverage and with reinstated aggregate limits, or by requiring that any new policy provide a retroactive date no later than the inception date of claims made coverage. d. Unless waived by the State of Florida and proof of waiver is provided to the City, statutory Workers’ Compensation Insurance coverage in accordance with the laws of the State of Florida, and Employer’s Liability Insurance in the minimum amount of $1,000,000 (one million dollars) each employee each accident, $1,000,000 (one million dollars) each employee by disease, and $1,000,000 (one million 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 #30-22 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 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 Severe Weather Alert System 20 RFP #30-22 1. ANTICIPATED BEGINNING AND END DATE OF INITIAL TERM. November 2022 If the commencement of performance is delayed because the City does not execute the contract on the start date, the City may adjust the start date, end date and milestones to reflect the delayed execution. 2. EXTENSION. The City reserves the right to extend the term of this contract, provided however, that the City 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 rest 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 renewal is 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 proposal. a. 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 proposal and occurring after award will apply to the undelivered balance. The Contractor shall promptly notify the City of such price reductions. b. During the sixty (60) day period prior to the renewal anniversary of the contract effective date, the Contractor may submit a written request that the City increase the prices in an amount for no more than the twelve month change in the Consumer Price Index for All Urban Consumers (CPI-U), US City Average, All Items, Not Seasonally Adjusted as published by the U.S. Department of Labor, Bureau of Labor Statistics (http://www.bls.gov/cpi/home.htm). The City shall review the request for adjustment and respond in writing; such response and approval shall not be unreasonably withheld. c. 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. d. No fuel surcharges will be accepted. RESPONSE ELEMENTS Severe Weather Alert System 21 RFP #30-22 1. PROPOSAL SUBMISSION. It is recommended that responses are submitted electronically through our bids website at https://www.myclearwater.com/business/rfp. For responses mailed and/or hand-delivered, firm must submit one (1) signed original (identified as ORIGINAL) response, five (5) copies of the response and one (1) copy in an electronic format, on a disc or thumb drive, in a sealed container using the label provided at the end of this solicitation. NOTE: If submitting proposals electronically, copies are not required. 2. PROPOSAL FORMAT (the following should be included and referenced with index tabs) NOTE: Every proposal received by the City will be considered a public record pursuant to Chapter 119, Florida Statutes. Any response marked confidential may be deemed non- responsive to this RFP. Table of Contents: Identify contents by tab and page number. TAB 1 - Letter of Transmittal. A brief letter of transmittal should be submitted that includes the following information: 1. The proposer’s understanding of the work to be performed with a positive commitment to perform the work at a satisfactory level to City staff. 2. The names of key persons, representatives, project managers who will be the main contacts for the City regarding this project. TAB 2 – QUALIFICATIONS, EXPERIENCE, AND REFERENCES. The following information should be included: 1. A statement of qualifications, abilities, experience, and expertise in providing the requested severe weather alert system. a. A description of what qualifies your company to provide the City with these services, provide appropriate staffing, provide necessary resources for troubleshooting. b. An assessment of the proposer’s abilities to meet and satisfy the needs of the City in a timely manner, taking into consideration the requested services, additional services and/or expertise offered that exceed the requirements, or the vendor’s inability to meet some of the requirements of the specifications. c. References – A minimum of three (3) references for whom you have provided similar services installing and configuring a cloud-based severe weather alert system, preferably from other public entities within the State of Florida, within the past five (5) years is required. Include the name of entity, contact person’s names, phone numbers, e-mail addresses, mailing addresses, type of service provided, dates these services were provided. TAB 3 – Product Capabilities. Clearly define the products offered to include, but not limited to the following elements: 1. Product Capabilities 2. Ability to Upgrade/Expand Services 3. Sustainable Features 4. Software Capabilities/Maintenance TAB 4 - Project Approach. 1. Describe the firm’s understanding of the project and methodology for meeting the needs of the City. 2. Provide a detailed work plan, including a tentative installation schedule to include estimated number of hours per task. 3. Provide additional items/information that the firm believes is relevant to this project but not explicitly included. TAB 5 - Cost of Services. The following information should be included: RESPONSE ELEMENTS Severe Weather Alert System 22 RFP #30-22 a. Total cost to complete the design, implement and install a customizable severe weather alert system to include warranty and training. b. Support and Maintenance for initial three (3) years following installation/implementation. c. Support and Maintenance for minimum of five (5) years following initial three (3) year support. TAB 6 - Other Forms. The following forms should be completed and signed: 1. Exceptions/Additional Materials/Addenda form 2. Vendor Information form 3. Vendor Certification of Proposal form 4. Scrutinized Companies form(s) as required 5. E-Verify Eligibility form 6. W-9 Form. Include a current W-9 form (http://www.irs.gov/pub/irs-pdf/fw9.pdf) EXCEPTIONS / ADDITIONAL MATERIAL / ADDENDA Severe Weather Alert System 23 RFP #30-22 Proposers shall indicate any and all exceptions taken to the provisions or specifications in this solicitation document. Exceptions that surface elsewhere and that do not also appear under this section shall be considered invalid and void and of no contractual significance. Exceptions (mark one): **Special Note – Any material exceptions taken to the City’s Terms and Conditions may render a Proposal non-responsive. No exceptions Exceptions taken (describe--attach additional pages if needed) Additional Materials submitted (mark one): No additional materials have been included with this proposal Additional Materials attached (describe--attach additional pages if needed) Acknowledgement of addenda issued for this solicitation: Prior to submitting a response to this solicitation, it is the vendor’s responsibility to confirm if any addenda have been issued. Addenda Number Initial to acknowledge receipt Vendor Name Date: VENDOR INFORMATION Severe Weather Alert System 24 RFP #30-22 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 proposal: Name: Fax: Phone: E-Mail Address: Day-to-Day Project Contact (if awarded): Name: Fax: Phone: E-Mail Address: Certified Small Business Certifying Agency: Certified Minority, Woman or Disadvantaged Business Enterprise Certifying Agency: Provide supporting documentation for your certification, if applicable. VENDOR CERTIFICATION OF PROPOSAL Severe Weather Alert System 25 RFP #30-22 By signing and submitting this Proposal, the Vendor certifies that: a) It is under no legal prohibition to contract with the City of Clearwater. b) It has read, understands, and is in compliance with the specifications, terms and conditions stated herein, as well as its attachments, and any referenced documents. c) It has no known, undisclosed conflicts of interest. d) The prices offered were independently developed without consultation or collusion with any of the other respondents or potential respondents or any other anti-competitive practices. e) No offer of gifts, payments or other consideration were made to any City employee, officer, elected official, or consultant who has or may have had a role in the procurement process for the services and or goods/materials covered by this contract. f) It understands the City of Clearwater may copy all parts of this response, including without limitation any documents and/or materials copyrighted by the respondent, for internal use in evaluating respondent’s offer, or in response to a public records request under Florida’s public records law (F.S. 119) or other applicable law, subpoena, or other judicial process. g) Respondent hereby warrants to the City that the respondent and each of its subcontractors (“Subcontractors”) will comply with, and are contractually obligated to comply with, all Federal Immigration laws and regulations that relate to their employees. h) Respondent certifies that they are not in violation of section 6(j) of the Federal Export Administration Act and not debarred by any Federal or public agency. i) It will provide the materials or services specified in compliance with all Federal, State, and Local Statutes and Rules if awarded by the City. j) It is current in all obligations due to the City. k) It will accept such terms and conditions in a resulting contract if awarded by the City. l) The signatory is an officer or duly authorized agent of the respondent with full power and authority to submit binding offers for the goods or services as specified herein. ACCEPTED AND AGREED TO: Company Name: Signature: Printed Name: Title: Date: SCRUTINIZED COMPANIES FORMS Severe Weather Alert System 26 RFP #30-22 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 SCRUTINIZED COMPANIES FORMS Severe Weather Alert System 27 RFP #30-22 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 E-VERIFY ELIGIBILITY FORM Severe Weather Alert System 28 RFP #30-22 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 MAILING LABEL CUT ALONG THE LINE AND AFFIX TO THE FRONT OF YOUR BID CONTAINER Severe Weather Alert System 29 RFP #30-22 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ SEALED PROPOSAL Submitted by: Company Name: Address: City, State, Zip: RFP # 30-22, Severe Weather Alert System Due Date: August 31, 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 PROPOSAL Submitted by: Company Name: Address: City, State, Zip: RFP # 30-22, Severe Weather Alert System Due Date: August 31, 2022 at 10:00 A.M. City of Clearwater Attn: Procurement Division 100 S Myrtle Ave 3rd Fl Clearwater FL 33756-5520 ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-0800 Agenda Date: 8/3/2023 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Library Agenda Number: 7.10 SUBJECT/RECOMMENDATION: Approve an extension of the Interlocal Agreement for Library Services in Pinellas County for an additional five years, for the period from October 1, 2023 through September 30, 2028, and authorize the appropriate officials to execute same. (consent) SUMMARY: The purpose and intent of this Agreement is to continue to operate the Cooperative to extend library services to the unincorporated areas of the county and to municipalities that do not have such services as of the effective date of this Agreement, and to improve library services to residents of municipalities and Municipal Services Taxing Units with Libraries as of the date of this Agreement. The primary functions of the Cooperative are as follows: 1. To receive and disburse funds from federal, state, and local sources. 2. To maintain a shared library automation system serving Member Libraries. 3. To maintain a shared materials delivery system serving Member Libraries. 4. Where agreed by individual Member Libraries for the most efficient use of fiscal resources, to assist Member Libraries in the collective purchase of library resources and services. Page 1 City of Clearwater Printed on 8/1/2023 1 Library lnterlocal Agreement THIS INTERLOCAL AGREEMENT ("Agreement") is made and entered into by and between the undersigned Governmental Units as set forth on the signature pages attached hereto ("Parties"), for the participation in a cooperative library service for Pinellas County (the "Cooperative"). RECITALS: WHEREAS, Pinellas County and various municipalities entered into an Interlocal Agreement providing for the establishment of the Cooperative dated the 10th day of January 1989, which was subsequently amended and extended, and which was superseded by an Interlocal Agreement entered into on the 10th day of September 2001, which expired on September 30, 2013; and which was superseded by an Interlocal Agreement entered into on the 1st day of October, 2013, which expired on September 30, 2018; and which was superseded by an Interlocal Agreement entered into on the 1st day of October 2018, which expires on September 30, 2023; and WHEREAS, it is in the public interest to provide a free public library service for the use of the permanent residents of Pinellas County ("County"); and WHEREAS, this Agreement is authorized by Section 163.01 of the Florida Interlocal Cooperation Act of 1969, which was promulgated to permit local governmental units to make the most effective use of their powers by enabling them to cooperate with other governmental units thereby providing services and facilities in a manner and pursuant to forms of governmental organization that will include geographic, economic, population, and other factors influencing the needs and development of local communities; and WHEREAS, any public agency of this state may exercise jointly with any other public agency of this state any power, privilege, or authority which such agencies share in common and which each might exercise separately; and WHEREAS, the Parties to this Agreement have determined that in order to most effectively utilize their separate powers, a cooperative effort in the form of an Interlocal Agreement is needed; and WHEREAS, Sections 257.12 through 257.25, Florida Statutes (“Free Library Service” verified 2017), provide state funds to assist in the furnishing of library services. NOW THEREFORE, in consideration of the mutual benefits and in consideration of the covenants and agreements set forth herein, the Parties hereto agree as follows: 2 I.PURPOSE; EXECUTION; EFFECTIVE DATE; TERM OF AGREEMENT A.Purpose: The purpose and intent of this Agreement is to continue to operate the Cooperative to extend library services to the unincorporated areas of the County and to municipalities that do not have such services as of the effective date of this Agreement, and to improve library services to residents of municipalities and Municipal Services Taxing Units with Libraries as of the date of this Agreement. The primary functions of the Cooperative are as follows: 1.To receive and disburse funds from federal, state, and local sources. 2.To maintain a shared library automation system serving Member Libraries. 3.To maintain a shared materials delivery system serving Member Libraries. 4.Where agreed by individual Member Libraries for the most efficient use of fiscal resources, to assist Member Libraries in the collective purchase of library resources and services. B.Execution; Effective Date This Interlocal Agreement may be signed in counterparts by the Parties hereto. This Agreement shall become effective on October 1, 2018. C.Term of Agreement: This Agreement will be in force for a period of five (5) years, ending September 30, 2023. The Agreement may be renewed for an additional period of five (5) years to September 30, 2028 with the mutual consent of the Parties. II.DEFINITIONS: A.Articles of Incorporation: "Articles of Incorporation” as used in this Agreement refer to the Articles of Incorporation of the Pinellas Public Library Cooperative, Inc., (PPLC) approved by the signatories to the 1989 Interlocal Agreement establishing the Cooperative and executed and filed with the Secretary of State pursuant to Chapter 617, Florida Statutes (1987), as may be amended. B.Board: "Board" as used in this Agreement refers to the Board of Directors of the Pinellas Public Library Cooperative, Inc. C.Board of County Commissioners: "Board of County Commissioners" as used in this Agreement refers to the Pinellas County Board of County Commissioners and may be delineated as "BCC”. 3 D.By-Laws: “By-Laws” as used in this Agreement refer to the By-Laws of the Pinellas Public Library Cooperative, Inc., approved by the signatories to the 1989 Interlocal Agreement establishing the Cooperative, as may be amended by the Board as needed. E.Cooperative: "Cooperative" as used in this Agreement refers to the Pinellas Public Library Cooperative, Inc. and may be delineated as "PPLC”. F.County: “County” as used in this Agreement refers to Pinellas County, a political subdivision of the State of Florida. The County as used in this Agreement is a Party to this Agreement but is not a Member of the Cooperative. G.Disbursement Formula: “Disbursement Formula” as used in this Agreement refers to the formula according to which disbursements to Members with Libraries shall be made pursuant to this Agreement. The Disbursement Formula is attached hereto and incorporated herein as Exhibit “B”. H.Governmental Unit: "Governmental Unit" as used in this Agreement refers to municipalities; Municipal Services Taxing Units (MSTU) with Libraries; a municipal consortium offering library services; and the County. Governmental Units which are parties to this Agreement are included within the definition of Governmental Unit and may also be delineated as "Members" of the Cooperative. I.Library: "Library" as used in this Agreement refers to the public Libraries and Library systems operated by Members. To qualify as a " Library" for purposes of this Agreement, the Library must be approved by the Board, which shall determine if the Library meets the basic standards set forth in the Policy on Admission, a copy of which is attached hereto and incorporated herein as Exhibit “A.” J.Library MSTU "Library MSTU” shall mean the Pinellas County Library Services District municipal services taxing unit as established by Ordinance 1989-5, and codified at Pinellas County Code Section 78-2; and excludes any individual MSTU for library services subsequently established. K.Local Support: "Local Support" as used in this Agreement refers to the dollar amount of funds expended for allowable costs by each Member with a Library during the fiscal year for library operations. Funds received from the County for the support of a Library that exists wholly in the unincorporated area of Pinellas County (Library MSTU), excluding all monies received by such 4 Libraries from the Cooperative, shall be considered as additional local support for the Member Library for purposes of the application of the disbursement formula. Local Support shall be determined by adding the expenditures for Personnel Services (State of Florida Uniform Accounting System Manual for Florida Local Governments, Object Code 10), Operating Expenditures/Expenses (Object Code 30), and “Books, Publications, Subscriptions, and Memberships” (State of Florida Uniform Chart of Accounts Object Code 60, Sub-Object Code 66). All other expenditures not specifically listed above shall not be tabulated when determining the Local Support. L.Member: "Member" as used in this Agreement refers to a Governmental Unit which is a Party to this Agreement and which forms part of the Cooperative either as a Member with a Library or as a Member without a Library. M.MSTU: “Municipal Services Taxing Unit” as used in this agreement refers to unincorporated Pinellas County. The Pinellas County Board of County Commissioners serves as the local government for the MSTU. A portion of the County budget (MSTU) is paid by residents of the unincorporated area and is devoted to providing municipal services, such as public library services. N.Reciprocal Borrower: “Reciprocal Borrower” is a cardholder from cooperating Libraries which have reciprocal borrowing agreements with PPLC. O.Year: "Year" as used in this Agreement, unless otherwise indicated, means the fiscal year from October 1 to September 30. The fiscal year of the Cooperative shall run from October 1 to September 30. III.GOVERNING STRUCTURE OF THE COOPERATIVE: A.Corporate Structure: The Cooperative is a private non-profit organization incorporated under the Florida Not- For-Profit Corporation Act, Chapter 617, Florida Statutes (2000). Additional Members may be admitted in the manner specified in the Articles of Incorporation or the By-laws. B.Board of Directors: 1.Membership. Each Board member represents the interests of all Parties, including the County, the Cooperative, Members with and without Libraries, and patrons. Each Board member can envision the future of countywide library services. The Board of Directors shall consist of nine (9) voting members who shall be selected and appointed in 5 accordance with the provisions of the Articles of Incorporation and the By-laws, as amended, as follows: a.Four members of the Board of Directors shall be the City Administrator of the City of St. Petersburg and the City Managers of Clearwater, Largo and Pinellas Park, or their senior management designees. b.Three members of the Board of Directors shall be county senior management employees, representing Pinellas County, who shall be appointed by the BCC upon the recommendation of the Pinellas County Administrator. c.Two members of the Board of Directors shall be appointed by the Board of County Commissioners and shall serve a term of three (3) years. Criteria for such appointment shall be as follows: 1)The candidate has previous experience serving on a board or similar body and the capacity to evaluate a full range of perspectives, from library service providers to library users. 2)The candidate represents the interests of all Parties, including the County, the Cooperative, Members with and without Libraries, and patrons. 3)The candidate can envision the future of countywide library services. 4)The candidate may not be an employee or member of the governing body of a PPLC Member Library. 2.Terms. The Articles of Incorporation shall specify the term of office for Directors in conformance with Section III.B.1 above. 3.Officers. The Officers of the Cooperative shall be: Chair of the Board of Directors, Vice-Chair of the Board of Directors, and Secretary/Treasurer. The terms of office, election and duties of Officers shall be as specified in the By-- laws. 4.Compensation. Directors and Officers shall not be paid a salary or wages but may be reimbursed for travel and per diem expenses on behalf of the Cooperative as approved by the Board, based on the PPLC Policies and Procedures Manual and in accordance with Section 112.061, Florida Statutes (“Per diem and travel expenses” verified 2017). 6 5.Meetings. The Board of Directors shall meet at least six (6) times each year. Meetings shall be conducted pursuant to the Sunshine Law, Chapter 286, Florida Statutes. The Chairperson or a simple majority of the Board may call emergency meetings. Such meetings shall require at least 24 hours' notice. 6.Duties. The duties of the Board of Directors shall include, but not be limited to: a.Managing the affairs of the Cooperative; b.Amending the Articles of Incorporation and the By-laws; c.Establishing administrative policy for the operation of the Cooperative; d.Receiving and disbursing funds from local, state and federal sources and entering into arrangements as appropriate in connection therewith, and receiving and disbursing funds from Members without Libraries participating in the Cooperative; e.Investing the Cooperative funds; f.Employing and directing an Executive Director; g.Conducting open and public meetings, the time and place to be decided by the Board of Directors; h.Establishing the operating budget for the Cooperative, which is subject to the review upon request of the BCC, and overseeing its execution, including approving expenditures for administration; i.Advising the Parties and Members with respect to the budget, disbursements, extension and expansion of library services and other affairs of the Cooperative; j.Submission of funding requirements in accordance with the provisions of Section V.C. k.Developing, in collaboration with the Executive Director and Library directors of Members, the Long-Range Plan for the Cooperative to improve library services to residents of municipalities, library taxing districts, and unincorporated areas. l.Review and approve the Annual Plan of Service. C.Executive Director: 1.Duties. The duties of the Executive Director shall include, but not be limited to: 7 a.Facilitating joint planning for coordination of library services among Members with Libraries and other Libraries within the County that participate in reciprocal borrowing and joint planning as recipients of State Aid to Libraries. b.Maintaining information for and submitting applications on behalf of the Cooperative for available local, State, and Federal library funds with Board approval, and filing reports with the Division of Library and Information Services pursuant to Section 257.16, Florida Statutes (2000), as may be amended; c.Preparing, in coordination with the library directors of Members, the annual operating and capital budgets of the Cooperative, and presenting the annual operating budget of the Cooperative to the Board and Members. d.Developing, in collaboration with the library directors of Members, the Annual Plan of Service that shall include goals, objectives and activities, and the budget that will support library services for the year. This plan must clearly demonstrate that resources will be allocated in a way that serves the goal of access to library services throughout the area. 2.Qualifications. The Executive Director must have an American Library Association accredited Master’s degree in Library Science (MLS), and a minimum of five (5) years library administration experience, with experience in library cooperative administration preferred. D.Advisory Council: A Library Directors Advisory Council (LDAC) made up of all library directors of Members, or their designees, will collaborate with the Executive Director in coordination, planning and other matters as appropriate. The Officers of the LDAC shall be: Chair, Vice- Chair, and Secretary. The terms of office, election, and duties of Officers shall be as specified in the LDAC By-laws. The By-laws of the LDAC shall provide that the office of Chair will be rotated yearly among the members of the Advisory Council and that the Chair will participate in the meetings of the Cooperative Board of Directors and represent the LDAC. The duties of the LDAC shall be as follows: 1.Conduct open and public meetings, the time and place to be decided by LDAC. 2.Collaborate with the Executive Director on the establishment and revision of the PPLC Public Service Policies for Member Libraries. 8 3.Review and provide recommendations in the preparation of the annual budget. 4.Advise the Board on Board meeting agenda items as needed. E.Long-Range and Annual Plans of Service: Each year an Annual Plan of Service and Budget shall be adopted by the Board of Directors. The Long-Range Plan must be updated every five years. The Plans will meet the requirements for participation in the State Aid to Libraries Program. The Executive Director will disseminate the Plans. F.Reports: The Executive Director will provide annual reports on the progress toward meeting the objectives of the Long-Range Plan and the Annual Plan of service. The reports will include audited statements of operating expenditures, capital expenditures, and reserve accounts. Annual reports will be presented to the Board, the Members, and the Division of Library and Information Services. IV. PARTICIPATION: A.General: Participation will be voluntary and open to any Governmental Unit. People residing in participating areas will be eligible to use the services of Member Libraries of the Cooperative without charge. People residing in Governmental Units or areas not electing to participate will be excluded from the use of the Cooperative's services unless individual people join Member Libraries by paying an annual fee; such fee may be adjusted by a majority of Parties to this Agreement. People who join by paying the annual fee to a Member Library will then be counted as residents of that Member Library's governmental unit. Members may withdraw pursuant to the provisions of Section VI. B.Members With Libraries: 1.Admission. Governmental units applying for the first time for membership in the Pinellas Public Library Cooperative, Inc. must be approved by the Board which shall determine if the Library meets the statutory requirements and operational standards established in Exhibit “A”: Policy on Admission. 2.Membership. Members with Libraries will adhere to the operational standards established in Exhibit “A”: Policy on Admission, and comply with participation requirements as detailed in this section. 3.Noncompliance and Enforcement. Any Member with a Library that fails to 9 maintain the requirements established in the Policy on Admission or the Participation requirements, may be provided a Notice of Deficiency as follows: a.Subject to Board authorization, any Member with a Library that is found to be non-compliant may be issued a Notice of Deficiency effective upon the date of such Notice. A Member with a Library that has received a Notice of Deficiency will be granted a period not to exceed 12 months (as determined by the Board based on the nature of the deficiency) from the date of the Notice to achieve compliance with the requirements of Membership and to provide documentation of such compliance to the Board. Upon determination that the Member successfully demonstrated compliance with the requirements, the Board shall authorize a written Notice of Compliance to be provided to the Member. b.A Member with a Library that has received a Notice of Deficiency and has failed to successfully demonstrate compliance within the prescribed time period will be considered to have withdrawn from the Cooperative. Such Member will comply with the requirements for withdrawal indicated in Section VI. B. of this Agreement. 4.Autonomy. Each Member with a Library shall continue to decide the level of library service for its community and shall prepare its own budget. Each Library shall remain autonomous and retain control of its operations and functions, i.e.: a.Trust funds, individual gifts or donations made to a Library shall remain the property of that Library. b.All Library staff shall remain employees of the various Members with no loss in benefits. c. Each Library shall remain the property of the Member in which it is located, and all maintenance and repairs shall be affected through operating budgets from allocated local appropriations. d.Members with Libraries will continue to fund their local Libraries and are not required to make any payment to the Cooperative for participation in the Cooperative. 5.Audits. Each Member with a Library shall provide to the Cooperative by March 31 of each year an audited statement of its Library operating costs for its last completed fiscal year. The audits are to be reviewed by the Cooperative 10 to determine the dollars expended locally for library operations. Allowable costs for each Library shall consist of all personnel and direct operating costs, and non-fixed capital as provided for in the State of Florida Chart of Accounts. All other costs, including fixed capital items and debt expenses, are not allowable. 6.Materials and Services. a.Members with Libraries agree to allow all circulating materials (non- electronic formats) of existing Libraries to be freely available to cardholding residents of all participants in the Cooperative. b.Members with Libraries agree to allow all circulating materials (electronic formats) to be freely available to all cardholders of that specific Library regardless of cardholder’s address. c.Reciprocal Borrowers may borrow circulating materials in non-electronic formats only. d.Within policies established by the Cooperative all reference and public programming services are equally available to the public. 7.Staff Development. All Members with Libraries will agree to have their Libraries closed on Columbus Day (or alternately designated day) each year, unless otherwise prohibited, for participation in an annual county-wide staff development day. Staff development day planning will be coordinated by PPLC staff in collaboration with Member Library directors and staff. C.Members Without Libraries: 1.Basis for Funding: The County, on behalf of the Library MSTU, and subject to the provisions and limitations in Section V.A. and any other Member without a Library, shall provide annual financial support to the Cooperative which, when calculated on a per capita (of population of such Member) basis for any year, shall be equivalent to the average per capita funding, excluding all monies received from the Cooperative, provided during the most recent preceding year by the Members having Libraries subject to the provision of, and limitations in, Section V.A., the funding shall be calculated as follows: The total expenditures, as adjusted for monies received from the Cooperative, of the Members from the prior year shall be divided by the total population of the Members to obtain the aggregate average per capita cost. For purposes of this subsection C, "funding" means the amount of Library expenditures 11 for any year as described in Section V.A. by a Member having a Library, and "population" means the number of residents residing in the Member governmental unit determined in accordance with Section V.B. Payments shall be made by the County and each Member without a Library of annual financial support due from it in four (4) quarterly payments of twenty-five percent (25%) each. 2. Underfunding: If financial support paid to the Cooperative by a Member without a Library is less than the amount due under Section V, written notice shall be provided by PPLC, to such unit of the deficiency and all funds due under Section V shall be immediately due and payable as specified in Section VI.C. Such unit shall be deemed to have withdrawn from the Cooperative notwithstanding the provisions of Section VI.A or VI.C effective thirty (30) days following the receipt of written notice of deficiency unless payment of such deficiency is made within that thirty (30) day period. V. FUNDING MECHANISM: A. Fiscal Funding: The County will provide an amount of annual financial support equal to the financial support provided by all Members with Libraries, calculated on a per capita basis for the previous year, excluding all monies received from the Cooperative, provided that the amount shall not exceed the ad valorem revenue, excluding statutory payments to the Tax Collector and Property Appraiser, generated by the millage rate levied by the County in support of Cooperative Library services. At no time shall the millage rate levied by the County in support of Cooperative Library services exceed 0.5 mill. The County shall submit the funds to the Cooperative in quarterly payments. The County shall notify the Cooperative of any changes to the population figures subject to the amount of annual per capita financial support for the new fiscal period prior to May 30 of each year. The obligations of the County as to any funding required pursuant to this Agreement are subject to annual approval of the Library MSTU millage by the County. If funds are not appropriated by the County through the Library MSTU for any or all the obligations in this Agreement, the County shall not be obligated to pay for the services provided pursuant to this Agreement beyond the portion for which funds are appropriated. The County agrees to promptly notify the Cooperative in writing of such failure of appropriation, and upon such notice, the provisions of Section IV shall govern. 12 B. Determination and Notification of Per Capita Amounts for Members Without Libraries: The Cooperative shall advise each Member without a Library by June 1 of each year, of such unit's funding requirement for the next fiscal year, together with the calculations by which such funding requirement was determined and the backup information for such calculation, consisting of (i) average per capita locally funded library expenditures of Members with Libraries for the last completed year and (ii) appropriate population statistics. The expenditures shall be based on audited financial statements for such last completed year in accordance with budget line items identified in Section IV.B.5. The population statistics used to calculate such per capita expenditures shall be for such year and shall be from one of the following sources: the Bureau of Economics and Business Research of the University of Florida, the Pinellas County Planning Department, or the U.S. Census Bureau. C. Fiduciary Responsibility for Funds: 1. All funds of the Cooperative shall be maintained in an interest-bearing public depository as set forth in Florida Statutes, Chapter 280 (“Security for Public Deposits,” verified 2017), as may be amended; 2. Complete and accurate records shall be kept of the receipts and disbursement of all funds of the Cooperative, subject to the PPLC adopted Record Retention and Document Destruction Policy, which will comply with Florida Department of State General Schedule for State and Local Government Agencies GS1-SL, Internal Revenue Code 501(c)(3), and all other applicable federal, state, and local law; 3. An annual audit of the Cooperative by an independent certified public accountant, to be paid for from the operating funds of the Cooperative, shall be made and filed annually with the Department of State; 4. The Cooperative shall abide by the terms and provisions of the laws of the State of Florida and the provisions of this Agreement and any other applicable Federal, State, or local laws, rules and regulations including the County's Investment Policy. D. Disbursement: The Board of Directors shall disburse funds received by the Cooperative according to the formula below: 1. The Board of Directors shall annually establish the budgeted administrative costs of the Cooperative, including salary, office supplies, and any rents or other costs related to the administrative operations of the Cooperative. 13 2. The remaining funds shall be distributed to Members with Libraries in accordance with the disbursement formula, which is attached hereto and incorporated herein as Exhibit “B.” This distribution is to be based on submittal of annual library operating costs with descriptive codes in accordance with the State of Florida Uniform Chart of Accounts. All funds collected from sources other than Members shall be allocated as determined by the Board. In no instance shall the total allocation to a Member Library exceed the amount of the Local Support. Funds received by the Cooperative shall be disbursed within a reasonable time after receipt. Payments to Member Libraries shall be made in quarterly disbursements. The Libraries shall use those funds for materials and operations of their Libraries. The disbursement formula may only be amended by the Board, with the approval of a simple majority of the Members with Libraries and the approval of the BCC. 3. State Aid funds and program grants received from the state shall be used in accordance with the provisions of applicable state law, Florida Statutes 257 (“Public Libraries and State Archives” verified 2017) and Florida Administrative Code 1B-2 (“Library Grant Programs” verified 2017). VI. WITHDRAWAL: A. All Participants: 1. Any Member wishing to withdraw shall submit written notice thereof to the Cooperative no later than six (6) months prior to the beginning of any fiscal year of the Cooperative. 2. Withdrawal of Members without Libraries may occur in the manner specified in Section IV.C.2. B. Members with Libraries: A Member with a Library that submits a withdrawal notice to the Cooperative shall: 1. At the request of the Cooperative's Board, promptly furnish usage statistics and an audit of library operating costs for such Library's last fiscal year completed prior to the date the withdrawal is effective to ensure maintenance of proper accounting for the Cooperative; and 2. Return to the Cooperative within sixty (60) days after withdrawal, any special equipment or collections purchased for such Member with funds from the Cooperative capital improvements fund within the previous five years. In lieu of returning the equipment or collection so purchased, the amortized balance 14 thereof based on an amortization period of five years from date of purchase may be repaid to the Cooperative during the year following withdrawal; and 3. Repay to the Cooperative within sixty (60) days after withdrawal any then remaining unexpended and uncommitted funds received from the Cooperative; C. Members Without a Library: A Member without a Library that submits or receives a withdrawal notice shall pay all sums due for library services provided prior to the date of withdrawal pursuant to Sections IV and V prior to withdrawal. VII. TERMINATION OF AGREEMENT: In the event that Members representing more than fifty percent (50 %) of the total population of all Members withdraw under Section VI or are deemed to have withdrawn under Section IV.C.2 of this Agreement, the remaining Members shall consider the continuation or termination of the Agreement and may terminate the Agreement by consent of a simple majority of the Members. IN WITNESS WHEREOF, the Parties hereto have caused this Interlocal Agreement to be executed on the day and year first above written. 15 EXHIBIT "A" Policy on Admission Pinellas Public Library Cooperative, Inc. For a Library Seeking Membership Libraries applying for membership in the Pinellas Public Library Cooperative, Inc. must be approved by the Board, which shall determine if the Library meets the basic eligibility requirements outlined below: 1. The Library meets the Essential level of Core Standards as defined in the Florida Public Library Standards (FLA, 2006 Revision, updated 2015 “Standards for Customer Focused Library Facilities” verified 2017). 2. The Library meets the Florida Public Library Standards (FLA 2006 Revision, updated 2015, verified 2017) for Interconnectivity, Lending Services, Services-Resource Sharing and Interlibrary Cooperation. 3. The governing entity must have an established budget for the maintenance and operation of the Library and must be audited each year. 4. There must be evidence that such funding is available, restricted for the Library and will continue to be available. 5. The Library has a long-range plan, an annual plan of service, and an annual budget [Florida Statutes 257.17(2)(e)] (long range plan statement, verified 2017). 6. The Library engages in joint planning for coordinating of library services within the county or counties that receive operating grants from the state [Florida Statutes 257.17(2)(f)] (joint planning statement, verified 2017). 7. The Library adapts its services to meet the needs of people with disabilities as required by the Americans with Disabilities Act and its attendant regulations. 8. The Library has established hiring practices that are in accordance with Equal Employment regulations. When the Library and its governing entity determine that these eligibility requirements can be met the attached Procedures for Admission must be followed. Such requests may be initiated at any time but the funding cycle for the subsequent fiscal year requires a March 31 deadline. See the Procedures for Admission for steps to be taken. 16 Procedures for Admission To the Pinellas Public Library Cooperative, Inc. As a Member Library 1. The Library seeking admission to the Cooperative must provide documentation that it can meet the standards spelled out in the Policy on Admission. 2. The Library must submit a letter of request signed by its governing entity (city commission, Board of Directors, etc.) to the Board/Executive Director. 3. The Library must submit with its letter of request documentation that it meets the basic eligibility standards for admission to the Pinellas Public Library Cooperative, Inc. as provided for in the Policy on Admission. 4. Upon receipt of the letter of request and documentation, the Board and Executive Director will review the request and appoint a committee to visit and evaluate the Library. 5. The committee will determine readiness for services by the requesting Library and will report any deficiencies in writing to the Board and to the Library's governing entity. 6. If the Library's governing entity wishes to pursue membership, it will be given a period of time in which to correct deficiencies, if any, and to prepare the Library for final evaluation by the Board. 7. Upon receipt of the final evaluation, the Board will have up to sixty (60) days in which to vote upon admission. 8. Following a positive vote, the Board will present the Library's governing entity with a copy of the Interlocal Agreement, which must be executed and returned, and an agreement form for the basic policies and procedures in effect for Member Libraries, including all public service policies such as patron registration, patron cards, materials circulation rules and others. 9. In order to be included in the subsequent year's funding allocations, the Procedures for Admission must be completed by March 31st in any given year. 17 EXHIBIT "B" Disbursement Formula Base Allocations to Members with Libraries shall be 90% of the balance remaining after the adjustments stated in Section V.D.1 and V.D.2 of the Library Interlocal Agreement. Each Library's percentage of the total Local Support extended, as determined through the review of the Certified Annual Financial Reports (CAFR), shall then be determined and translated into dollar amounts. The percentage of the total Local Support extended shall be determined by dividing the sums expended locally by the total Local Support for all Members. As set forth in Section IV.B.5 of the agreement, the Local Support shall be determined by adding the expenditures for Personnel Services (State of Florida Uniform Accounting System Manual for Florida Local Governments, Object Code 10), Operating Expenditures/Expenses (Object Code 30), and books, publications, and library materials (State of Florida Uniform Chart of Accounts Object Code 60, Sub-Object Code 66). All other expenditures not specifically listed above shall not be tabulated when determining the Local Support. The Members shall receive a percentage of the available funds equal to the percentage of their total support extended as a base allocation subject to a maximum of 16% and a minimum of 4%. Circulation Allocations to Members with Libraries shall be 10% after the adjustments stated in Section V.D.1. and V.D.2. The dollars available for distribution include the balance remaining after the base allocation. The circulation pool allocation percentage shall be derived by taking non-resident (residents from unincorporated Pinellas County and other Member cities) circulation figures for each Library and dividing it by the total non-resident circulation for all Members. Total Allocations to Members with Libraries shall not exceed the amount of the Local Support. CITY OF CLEARWATER Countersigned: George N. Cretekos Mayor Approved as to form: Cb}:!~ Assistant City Attorney CITY OF CLEARWATER, FLORIDA By: Attest: w~~~---rr Wilham B. Horne 11 City Manager Rosemarie Call City Clerk RECEIVED SEP 1 9 2018 D\,,v\ 18 DUNFZDIN Home of Honeymoon Island CITY OF DUNEDIN Mayo . J lAli e Ward B1~1,i\sti(printed name) Date: q///18 City Clerk fxnis~ K, ( k.pain ell (printed name) Date:# 19 CITY .'.:)/GULFPO~ By: ~ f. 1ffe City Manager: James E. O'Reilly Date: August 7, 2018 ATTEST: Date: August 7, 2018 CITY OF GULFPORT TENT AND FORM: 20 City of Largo t?Lf>~ City Manager . . . . .... Attest: Signature Page RECEIVED AUG 1 5 2018 VV0- 21 CITY OF MADEIRA BEACH _..;:..J=ona=th=an=E=v.:..::ans=:::..._ (printed name) . By:~~ lJ~~(signature) Vice-Deputy Mayor: Deryweinstein Date: ~-/ ~ -/& (printed name) ATTEST: By: (!_ilrw,_ tk31~) City Clerk : __ C=l=ar=a'-'V-=anB=l=ar=g=an"--_ (printed name) Date: ~-/l(,VJ ~ By: h ( /h:& (signature) City Attorney: ----"""Ral=f=--B=rc.=...oo=k=es=---(printed name) Date: f /1 '/ )! l/ ---7--1----,-J<-----:--=- r·,. 22 TOWN OF By: --1-,#..-.+..::....i..:~---,I...---(signature) Mayor: ___._,11....1-4-l~,LL,,;_----Jil~~.;z_---(printed name) Date: g l,u I ,e ATTEI Bl\;__,4 LJ: Cr?~ (signature) City Clerk M /h2.r CA MP i3e1,L (printed name) Date : r{,ll}tf / I SEAL 23 ATTEST: ' -t-:,,<--t-~___,J ~'---------,nn Nixon, MMC City Clerk City of Oldsmar APPROVED AS TO FORM: City Attorney City of Oldsmar Date Date Date 24 CITY OF PINELLAS PARK ::.> By: ~....,..._-'-+--~-'---s---=---=--=--=---=---=--1(--c:-s 1rog n at u re ) City B~~~ure) Mayor: Sandra . Bradbury Date:Oo/;;11 d(J)g APPROVED AS TO FORM AND CORRECTNESS: By~ (signature) ~City Attorney: James W. Denhardt Date: 0(( · 11-I~ 25 TOWN OF REDINGTON BEACH TOWN OF REDINGTON BEACH Date: ~ -1 S--r 8 ATfEST: By\-fh.A..M....,p Q.c.."-[{!_ V City Clerk: Missy Clarke, CMC Date: t:>, !(o -'8 APPROVED By: ~ City Attorney: Jay Daigneault Date: 8/iQI~ 26 TOWN OF REDINGTON SHORES I • -+-,-1,,~~~~,_£--~-j!-/-'-_ (signature) __.._.__,____~-'-'----v.-:,-~~--c-'-'-fv-'--1 ___ ---_. __ (printed name) ATTEST: (} ,, By: __ /:{\{.l'-':11 y (& fVJI____. (signature) Town Cir r\fl:f '--\ S p FY/r<<Y (printed name) Date:~ lq Ii By: . · ·nature) -. . TOWN Att rney n-~_6{;l-~At4d!_r.t:{printed name) Date:.. _ 9---/ Ii,_----/$ 27 CITY OF SAFETY HARBOR CITY OF SAFETY HARBOR, FLORIDA, APPROVED AS TO FORM: ,Al~ CityAttorne ATTEST: RECEIVED SEP 1 8 2018 18 28 City of St. Pete Beach By: -~:...J~~========::::{Signature) City :y(!~ (signature) Date: j --I 5 -/ ? Arrf17 ·. . {;, . . , By:~ ~ (signature) City Clerk: Rebecca Haynes Date: Ci11 ..--)o\"8 Al'P~ANDFORM: By: ~----"'--''--""""'----....:;__--(signature) I City A77/' Anlew Dickman, Esg Date: ~ /~ 29 LIBRARY INTERLOCAL AGREEMENT CITY OF ST. PETERSBURG SIGNATURE PAGE · -RECEIVED SEP 2 1 2018 (~ 30 CITY OF SEMINOLE CITY OF SEMINOLE By: City Manager: ANN hNey~ o~ (Print Name) Date: 9 - / D-/$ By: Mayor: Date: q,;~./f ATTEST: /) By: ~~ ~ IJllZ q:..u . (Signature) City Clerk: ~--Inv 4..) be.I I Ve q_ I)_,, (Print Name) Date: CiJ. 10, 10 -, APPROVED AS T By: City Attorney: Date: 19 31 CITY OF TARPON SPRINGS, FLORIDA FOR THE CITY OF TARPON SPRINGS: By: _@_~--'--t-~'-f-A....,_i_r:_,[._,_.:\, ___ (signature) City Manager: Mark G. LeCouris Date: ?' ---8\ -l ( Mayo · hris Alahouzos Date: g <2 / ,-/ Y > . " .... "'· ., : ~-\l S r' lit. ·. · · .. 1','\;~' '\ ... t . •~. Ir~ . ~, ........ •• ~-4,,. t:::/r-l A TTE~: ,\_:. \ <. a(~we 2)}Alif/bg~~ureJ '---. \ . City Clerk: Irene Jacob'~ . -,'.}:. :; .._-::t~~'. · Date: ?; -';)\---\ [ · _ __.. · · · · ,/ APP TENT AND FORM: By: -+----+---+-----+---+----(signature) City A torney: Jay Date: i \ i l l l Y ' neault, Esq. 32 ATTEST: PINELLAS PUBLIC LIBRARY COOPERATIVE INTERLOCALAGREEMENT 10/0l-2018-09/30/2023 CfTY OFTAEASUAE RAND, FL 33 PINELLAS COUNTY, FLORIDA, by and through its Board of County Commissioners, for and on behalf of the East Lake Library Municipal Services Taxing Unit By, �e.-dL""'v _ �uz Kenneth T. Welch, Chainnan ATTEST: KEN BURKE, CLERK OF COURT APPROVED AS TO FORM � C AHASTON CE OF THE COUNTY ATTORNEY 34 PINELLAS COUNTY, FLORIDA, by and through its Board of County Commissioners, for and on behalf of the Palm Harbor Community Services District, a municipal services taxing unit By �e.ksr: UJJJ.___ Ke� T.Wclch, Chairman _.\ .. , L• • ', ·�-•. . . I ,• ' • ATTEST: KEN BURKE, CLERK OF COURT -, , '. . ..I �. • , • 9 , ,. • I 1 ,· ,� • .., -��,. •·'./i.� \" ·:)·�.: :, . ,· APPROVED AS TO FORM � C AHASTON CE OF THE COUNTY ATTORNEY 35 PINELLAS COUNTY, FLORIDA, by and through its Board of County Commissioners By: �n.y. w£ Kenneth T. Welch, Chairman ATTEST: KEN BURKE, CLERK OF COURT APPROVED AS TO FORM CNAHASTON CE OF THE COUNTY ATTORNEY 36 PPLC Board approved 7.11.18 BCC approved 9.25.18 FIRST AMENDMENT TO LIBRARY INTERLOCAL AGREEMENT THIS FIRST AMENDMENT is entered into between the undersigned Governmental Units as set forth on the signature pages attached hereto (collectively, “Parties”), for the participation in a cooperative library service for Pinellas County (the “Cooperative"). WHEREAS, the Parties entered into the Library Interlocal Agreement effective October 1, 2018, and extending through September 30, 2023 (the “Agreement”); and WHEREAS, the Parties wish to extend the Agreement for an additional five (5) years, as authorized by Section I (C) of the Agreement; NOW, THEREFORE, in consideration of the mutual benefits and in consideration of the covenants and agreements set forth herein, the Parties hereto agree as follows: 1. The Agreement is extended for an additional five (5) years, for the period from October 1, 2023 to September 30, 2028. 2. This Amendment may be signed in counterparts and will be effective as of September 30, 2023 (“Effective Date”). 3. All other provisions of the Agreement not amended in this First Amendment shall remain in full force and effect. 4. This First Amendment shall be filed by the County with the Clerk of the Circuit Court as provided in Section 163.01(11), Florida Statutes. IN WITNESS WHEREOF, the Parties hereto have caused this instrument to be executed and effective on the Effective Date. ---------SIGNATURE PAGES TO FOLLOW--------- Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-0934 Agenda Date: 8/3/2023 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: City Clerk Agenda Number: 7.11 SUBJECT/RECOMMENDATION: Designate Vice Mayor Mark Bunker to serve as the City’s official voting delegate at the Florida League of Cities’ Annual Conference, August 10-12, 2023. (consent) SUMMARY: The Florida League of Cities is hosting their annual conference at the Signia by Hilton Orlando Bonnet Creek on August 10-12, 2023. The League is asking each municipality to designate one official to be the voting delegate at the Annual Business Session on Saturday, August 12 at 9:00 a.m. Election of League leadership and adoption of resolutions are undertaken at the business meeting. At the July 31, 2023 work session, there was council consensus to designate Vice Mayor Bunker to serve as the City’s voting delegate. Page 1 City of Clearwater Printed on 8/1/2023 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9681-23 2nd rdg Agenda Date: 8/3/2023 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: City Attorney Agenda Number: 8.1 SUBJECT/RECOMMENDATION: Adopt Ordinance 9681-23 on second reading, annexing certain real property whose post office address is 1786 North Hercules Ave, Clearwater, Florida 33765 into the corporate limits of the city and redefine the boundary lines of the city to include said addition. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/1/2023 Ordinance No. 9681-23 ORDINANCE NO. 9681-23 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF NORTH HERCULES AVENUE APPROXIMATELY 200 FEET SOUTH OF CALUMET STREET, WHOSE POST OFFICE ADDRESS IS 1786 NORTH HERCULES AVENUE CLEARWATER, FLORIDA 33765, 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 “B” 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: See attached Exhibit “A” for Legal Description. (ANX2023-05004) 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. 9681-23 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst, Sr. Mayor Approved as to form: Matthew J. Mytych, Esq. Senior Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit A ANX2023-05004, 1786 North Hercules Avenue, 01-29-15-00000-340-0300 From the Northeast corner of the Southeast Quarter of the Southwest Quarter of Sec�on 1, Township 29 South, Range 15 East, run S 00°17'48" E along the N-S center line of said Sec�on 1 (center line of C.R. 34 - Hercules Avenue) 350.03 feet; thence run N 89° 14'24" W parallel to the North line of the SE 1/4 of the SW 1/4 of said Sec�on 1, 33.00 feet to the Westerly right-of-way line of C.R. 34 for a Point of Beginning; thence run S 00°17'48" E, along said right-of-way line 57 feet; thence run N 89° 14'24" W, 230 feet; thence run N 00°17'48" W, 57 feet; thence S-89°14'24" E, 230 feet to the P.O.B.; subject to an easement for ingress and egress and drainage and u�li�es over the Easterly 42 feet thereof, situate, lying and being in Pinellas County, Florida. Exhibit “B” PROPOSED ANNEXATION Owner(s): ABDI 2010 LLC Case: ANX2023-05004 Site: 1786 North Hercules Avenue Property Size(Acres): ROW (Acres): 0.300 Land Use Zoning PIN: 01-29-15-00000-340-0300 From: Atlas Page: 262A To: Employment (E) E-1, Employment-1 Industrial, Research and Technology (IRT) Industrial Limited (IL) LOCATION MAP Owner(s): ABDI 2010 LLC Case: ANX2023-05004 Site: 1786 North Hercules Avenue Property Size(Acres): ROW (Acres): 0.300 Land Use Zoning PIN: 01-29-15-00000-340-0300 From: Employment (E) E-1, Employment-1 Atlas Page: 262A To: Industrial Limited (IL) Industrial, Research, and Technology (IRT) AERIAL PHOTOGRAPH Owner(s): ABDI 2010 LLC Case: ANX2023-05004 Site: 1786 North Hercules Avenue Property Size(Acres): ROW (Acres): 0.300 Land Use Zoning PIN: 01-29-15-00000-340-0300 From: Employment (E) E-1, Employment-1 Atlas Page: 262A To: Industrial Limited (IL) Industrial, Research, and Technology (IRT) EXISTING SURROUNDING USES MAP Owner(s): ABDI 2010 LLC Case: ANX2023-05004 Site: 1786 North Hercules Avenue Property Size(Acres): ROW (Acres): 0.300 Land Use Zoning PIN: 01-29-15-00000-340-0300 From: Employment (E) E-1, Employment-1 Atlas Page: 262A To: Industrial Limited (IL) Industrial, Research, and Technology (IRT) Warehouse Warehouse Service Station Warehouse ANX2023-05004 ABDI 2010 LLC 1786 North Hercules Avenue View looking west at subject property on North Hercules Avenue South of the subject property North of the subject property Across the street, to the east of the subject property View looking northerly along North Hercules Avenue View looking southerly along North Hercules Avenue Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9682-23 2nd rdg Agenda Date: 8/3/2023 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: City Attorney Agenda Number: 8.2 SUBJECT/RECOMMENDATION: Adopt Ordinance 9682-23 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1786 North Hercules Ave, Clearwater, Florida 33765, upon annexation into the City of Clearwater, as Industrial Limited (IL). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/1/2023 Ordinance No. 9682-23 ORDINANCE NO. 9682-23 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 WEST SIDE OF NORTH HERCULES AVENUE APPROXIMATELY 200 FEET SOUTH OF CALUMET STREET, WHOSE POST OFFICE ADDRESS IS 1786 NORTH HERCULES AVENUE CLEARWATER, FLORIDA 33765, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS INDUSTRIAL LIMITED (IL); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Future Land Use Element of the Comprehensive Plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Future Land Use Element of the Comprehensive Plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category See attached Exhibit “A” for Legal Description. Industrial Limited (IL) (ANX2023-05004) 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. 9681-23. Ordinance No. 9682-23 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst, Sr. Mayor Approved as to form: Matthew J. Mytych, Esq. Senior Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit A ANX2023-05004, 1786 North Hercules Avenue, 01-29-15-00000-340-0300 From the Northeast corner of the Southeast Quarter of the Southwest Quarter of Sec�on 1, Township 29 South, Range 15 East, run S 00°17'48" E along the N-S center line of said Sec�on 1 (center line of C.R. 34 - Hercules Avenue) 350.03 feet; thence run N 89° 14'24" W parallel to the North line of the SE 1/4 of the SW 1/4 of said Sec�on 1, 33.00 feet to the Westerly right-of-way line of C.R. 34 for a Point of Beginning; thence run S 00°17'48" E, along said right-of-way line 57 feet; thence run N 89° 14'24" W, 230 feet; thence run N 00°17'48" W, 57 feet; thence S-89°14'24" E, 230 feet to the P.O.B.; subject to an easement for ingress and egress and drainage and u�li�es over the Easterly 42 feet thereof, situate, lying and being in Pinellas County, Florida. Exhibit “B” PROPOSED FUTURE LAND USE MAP Owner(s): ABDI 2010 LLC Case: ANX2023-05004 Site: 1786 North Hercules Avenue Property Size(Acres): ROW (Acres): 0.300 Land Use Zoning PIN: 01-29-15-00000-340-0300 From: Atlas Page: 262A To: Employment (E) E-1, Employment-1 Industrial, Research and Technology (IRT) Industrial Limited (IL) LOCATION MAP Owner(s): ABDI 2010 LLC Case: ANX2023-05004 Site: 1786 North Hercules Avenue Property Size(Acres): ROW (Acres): 0.300 Land Use Zoning PIN: 01-29-15-00000-340-0300 From: Employment (E) E-1, Employment-1 Atlas Page: 262A To: Industrial Limited (IL) Industrial, Research, and Technology (IRT) AERIAL PHOTOGRAPH Owner(s): ABDI 2010 LLC Case: ANX2023-05004 Site: 1786 North Hercules Avenue Property Size(Acres): ROW (Acres): 0.300 Land Use Zoning PIN: 01-29-15-00000-340-0300 From: Employment (E) E-1, Employment-1 Atlas Page: 262A To: Industrial Limited (IL) Industrial, Research, and Technology (IRT) EXISTING SURROUNDING USES MAP Owner(s): ABDI 2010 LLC Case: ANX2023-05004 Site: 1786 North Hercules Avenue Property Size(Acres): ROW (Acres): 0.300 Land Use Zoning PIN: 01-29-15-00000-340-0300 From: Employment (E) E-1, Employment-1 Atlas Page: 262A To: Industrial Limited (IL) Industrial, Research, and Technology (IRT) Warehouse Warehouse Service Station Warehouse ANX2023-05004 ABDI 2010 LLC 1786 North Hercules Avenue View looking west at subject property on North Hercules Avenue South of the subject property North of the subject property Across the street, to the east of the subject property View looking northerly along North Hercules Avenue View looking southerly along North Hercules Avenue Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9683-23 2nd rdg Agenda Date: 8/3/2023 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: City Attorney Agenda Number: 8.3 SUBJECT/RECOMMENDATION: Adopt Ordinance 9683-23 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1786 North Hercules Ave, Clearwater, Florida 33765, upon annexation into the City of Clearwater as Industrial, Research and Technology (IRT). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/1/2023 Ordinance No. 9683-23 ORDINANCE NO. 9683-23 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF NORTH HERCULES AVENUE APPROXIMATELY 200 FEET SOUTH OF CALUMET STREET, WHOSE POST OFFICE ADDRESS IS 1786 NORTH HERCULES AVENUE CLEARWATER, FLORIDA 33765, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS INDUSTRIAL, RESEARCH AND TECHNOLOGY (IRT); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the Zoning Atlas of the City is amended, as follows: Property Land Use Category See attached Exhibit “A” for Legal Description. Industrial, Research and Technology (IRT) (ANX2023-05004) 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. 9681-23. Ordinance No. 9683-23 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst, Sr. Mayor Approved as to form: Matthew J. Mytych, Esq. Senior Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit A ANX2023-05004, 1786 North Hercules Avenue, 01-29-15-00000-340-0300 From the Northeast corner of the Southeast Quarter of the Southwest Quarter of Sec�on 1, Township 29 South, Range 15 East, run S 00°17'48" E along the N-S center line of said Sec�on 1 (center line of C.R. 34 - Hercules Avenue) 350.03 feet; thence run N 89° 14'24" W parallel to the North line of the SE 1/4 of the SW 1/4 of said Sec�on 1, 33.00 feet to the Westerly right-of-way line of C.R. 34 for a Point of Beginning; thence run S 00°17'48" E, along said right-of-way line 57 feet; thence run N 89° 14'24" W, 230 feet; thence run N 00°17'48" W, 57 feet; thence S-89°14'24" E, 230 feet to the P.O.B.; subject to an easement for ingress and egress and drainage and u�li�es over the Easterly 42 feet thereof, situate, lying and being in Pinellas County, Florida. Exhibit “B” PROPOSED ZONING MAP Owner(s): ABDI 2010 LLC Case: ANX2023-05004 Site: 1786 North Hercules Avenue Property Size(Acres): ROW (Acres): 0.300 Land Use Zoning PIN: 01-29-15-00000-340-0300 From: Atlas Page: 262A To: Employment (E) E-1, Employment-1 Industrial, Research and Technology (IRT) Industrial Limited (IL) LOCATION MAP Owner(s): ABDI 2010 LLC Case: ANX2023-05004 Site: 1786 North Hercules Avenue Property Size(Acres): ROW (Acres): 0.300 Land Use Zoning PIN: 01-29-15-00000-340-0300 From: Employment (E) E-1, Employment-1 Atlas Page: 262A To: Industrial Limited (IL) Industrial, Research, and Technology (IRT) AERIAL PHOTOGRAPH Owner(s): ABDI 2010 LLC Case: ANX2023-05004 Site: 1786 North Hercules Avenue Property Size(Acres): ROW (Acres): 0.300 Land Use Zoning PIN: 01-29-15-00000-340-0300 From: Employment (E) E-1, Employment-1 Atlas Page: 262A To: Industrial Limited (IL) Industrial, Research, and Technology (IRT) EXISTING SURROUNDING USES MAP Owner(s): ABDI 2010 LLC Case: ANX2023-05004 Site: 1786 North Hercules Avenue Property Size(Acres): ROW (Acres): 0.300 Land Use Zoning PIN: 01-29-15-00000-340-0300 From: Employment (E) E-1, Employment-1 Atlas Page: 262A To: Industrial Limited (IL) Industrial, Research, and Technology (IRT) Warehouse Warehouse Service Station Warehouse ANX2023-05004 ABDI 2010 LLC 1786 North Hercules Avenue View looking west at subject property on North Hercules Avenue South of the subject property North of the subject property Across the street, to the east of the subject property View looking northerly along North Hercules Avenue View looking southerly along North Hercules Avenue Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9692-23 2nd rdg Agenda Date: 8/3/2023 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: City Attorney Agenda Number: 8.4 SUBJECT/RECOMMENDATION: Adopt Ordinance 9692-23 on second reading, amending Section 2.263(1), Code of Ordinances, to increase the salaries of the mayor and councilmembers. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/1/2023 1 Ordinance 9692-23 ORDINANCE NO. 9692-23 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO SALARY INCREASES FOR THE MAYOR AND COUNCILMEMBERS; AMENDING SECTION 2.263(1), CODE OF ORDINANCES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Council salaries as established in Section 2.263, Code of Ordinances, have not been increased since 2000 other than annual adjustments as provided in the code; and WHEREAS, the City Council salaries are currently $32,990.62 for the Mayor and $27,492.40 for the Councilmembers; and WHEREAS, Section 2.04 of the City Charter provides that an ordinance increasing council salaries must be approved at least six months prior to an election; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 2.263(1), Code of Ordinances, is amended to read as follows: Sec. 2.263. Compensation and expenses of mayor and councilmembers. (1) Commencing on March 19, 2024, the mayor shall receive an annual salary of $49,000.00 to be paid in prorated bi-weekly amounts. Each city councilmember shall receive an annual salary of $45,000.00 to be paid in prorated bi-weekly amounts. Section 2. This ordinance shall take effect March 19, 2024. PASSED ON FIRST READING PASSED ON SECOND AND FINAL ______________________ READING AND ADOPTED By: __________________________ Brian J. Aungst, Sr. Mayor Approved as to form: ________________________________ Attest: ______________________ David Margolis Rosemarie Call City Attorney City Clerk Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9697-23 3rd rdg Agenda Date: 8/3/2023 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: City Attorney Agenda Number: 8.5 SUBJECT/RECOMMENDATION: Adopt Ordinance 9697-23 on third reading, annexing certain real property whose post office address is 1221 Sunset Point Road, Clearwater, Florida 33755 into the corporate limits of the city and redefine the boundary lines of the city to include said addition. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/1/2023 Ordinance No. 9697-23 ORDINANCE NO. 9697-23 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF SUNSET POINT ROAD APPROXIMATELY 385 FEET EAST OF DOUGLAS AVENUE, WHOSE POST OFFICE ADDRESS IS 1221 SUNSET POINT ROAD, 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 2, Block B, Harbor Vista, according to the map or plat thereof, as recorded in Plat Book 18, Page(s) 41, of the Public Records of Pinellas County, Florida; (ANX2022-05007) 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. 9697-23 PASSED ON FIRST READING (AS ORDINANCE NO. 9583-22) PASSED ON SECOND READING PASSED ON THIRD AND FINAL READING AND ADOPTED Brian J. Aungst, Sr. Mayor Approved as to form: Matthew J. Mytych, Esq. Senior Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit “A” PROPOSED ANNEXATION Owner(s): Weekley Homes, LLC Case: ANX2022-05007 Site: 1221 Sunset Point Road Property Size(Acres): ROW (Acres): 0.137 Land Use Zoning PIN: 03-29-15-36666-002-0020 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 260B To: Residential Urban (RU) Low Medium Density Residential (LMDR) LOCATION MAP Owner(s): Weekley Homes, LLC Case: ANX2022-05007 Site: 1221 Sunset Point Road Property Size(Acres): ROW (Acres): 0.137 Land Use Zoning PIN: 03-29-15-36666-002-0020 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 260B To: Residential Urban (RU) Low Medium Density Residential (LMDR) AERIAL PHOTOGRAPH Owner(s): Weekley Homes, LLC Case: ANX2022-05007 Site: 1221 Sunset Point Road Property Size(Acres): ROW (Acres): 0.137 Land Use Zoning PIN: 03-29-15-36666-002-0020 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 260B To: Residential Urban (RU) Low Medium Density Residential (LMDR) EXISTING SURROUNDING USES MAP Owner(s): Weekley Homes, LLC Case: ANX2022-05007 Site: 1221 Sunset Point Road Property Size(Acres): ROW (Acres): 0.137 Land Use Zoning PIN: 03-29-15-36666-002-0020 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 260B To: Residential Urban (RU) Low Medium Density Residential (LMDR) Detached Dwellings Detached Dwellings Detached Dwellings Commercial Detached Dwellings ANX2022-05007 Weekley Homes, LLC 1221 Sunset Point Road View looking south at subject property 1221 Sunset Point Road West of the subject property East of the subject property Across the street, to the north of the subject property View looking easterly along Sunset Point Road View looking westerly along Sunset Point Road Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9698-23 3rd rdg Agenda Date: 8/3/2023 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: City Attorney Agenda Number: 8.6 SUBJECT/RECOMMENDATION: Adopt Ordinance 9698-23 on third reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1221 Sunset Point Road, Clearwater, Florida, 33755, upon annexation into the City of Clearwater, as Residential Urban (RU). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/1/2023 Ordinance No. 9698-23 ORDINANCE NO. 9698-23 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 SOUTH SIDE OF SUNSET POINT ROAD APPROXIMATELY 385 FEET EAST OF DOUGLAS AVENUE, WHOSE POST OFFICE ADDRESS IS 1221 SUNSET POINT ROAD, CLEARWATER, FLORIDA 33755, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL URBAN (RU); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Future Land Use Element of the Comprehensive Plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Future Land Use Element of the Comprehensive Plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category Lot 2, Block B, Harbor Vista, according to the map or plat thereof, as recorded in Plat Book 18, Page(s) 41, of the Public Records of Pinellas County, Florida; Residential Urban (RU) (ANX2022-05007) 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. 9697-23. Ordinance No. 9698-23 PASSED ON FIRST READING (AS ORDINANCE NO. 9584-22) PASSED ON SECOND READING PASSED ON THIRD AND FINAL READING AND ADOPTED Brian J. Aungst, Sr. Mayor Approved as to form: Matthew J. Mytych, Esq. Senior Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit “A” PROPOSED FUTURE LAND USE MAP Owner(s): Weekley Homes, LLC Case: ANX2022-05007 Site: 1221 Sunset Point Road Property Size(Acres): ROW (Acres): 0.137 Land Use Zoning PIN: 03-29-15-36666-002-0020 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 260B To: Residential Urban (RU) Low Medium Density Residential (LMDR) LOCATION MAP Owner(s): Weekley Homes, LLC Case: ANX2022-05007 Site: 1221 Sunset Point Road Property Size(Acres): ROW (Acres): 0.137 Land Use Zoning PIN: 03-29-15-36666-002-0020 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 260B To: Residential Urban (RU) Low Medium Density Residential (LMDR) AERIAL PHOTOGRAPH Owner(s): Weekley Homes, LLC Case: ANX2022-05007 Site: 1221 Sunset Point Road Property Size(Acres): ROW (Acres): 0.137 Land Use Zoning PIN: 03-29-15-36666-002-0020 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 260B To: Residential Urban (RU) Low Medium Density Residential (LMDR) EXISTING SURROUNDING USES MAP Owner(s): Weekley Homes, LLC Case: ANX2022-05007 Site: 1221 Sunset Point Road Property Size(Acres): ROW (Acres): 0.137 Land Use Zoning PIN: 03-29-15-36666-002-0020 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 260B To: Residential Urban (RU) Low Medium Density Residential (LMDR) Detached Dwellings Detached Dwellings Detached Dwellings Commercial Detached Dwellings ANX2022-05007 Weekley Homes, LLC 1221 Sunset Point Road View looking south at subject property 1221 Sunset Point Road West of the subject property East of the subject property Across the street, to the north of the subject property View looking easterly along Sunset Point Road View looking westerly along Sunset Point Road Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9699-23 3rd rdg Agenda Date: 8/3/2023 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: City Attorney Agenda Number: 8.7 SUBJECT/RECOMMENDATION: Adopt Ordinance 9699-23 on third reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1221 Sunset Point Road, Clearwater, Florida 33755, upon annexation into the City of Clearwater as Low Medium Density Residential (LMDR). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/1/2023 Ordinance No. 9699-23 ORDINANCE NO. 9699-23 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 SUNSET POINT ROAD APPROXIMATELY 385 FEET EAST OF DOUGLAS AVENUE, WHOSE POST OFFICE ADDRESS IS 1221 SUNSET POINT ROAD, 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. 9697-23. Property Zoning District Lot 2, Block B, Harbor Vista, according to the map or plat thereof, as recorded in Plat Book 18, Page(s) 41, of the Public Records of Pinellas County, Florida; Low Medium Density Residential (LMDR) (ANX2022-05007) Ordinance No. 9699-23 PASSED ON FIRST READING (AS ORDINANCE NO. 9585-22) PASSED ON SECOND READING PASSED ON THIRD AND FINAL READING AND ADOPTED Brian J. Aungst, Sr. Mayor Approved as to form: Matthew J. Mytych, Esq. Senior Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit “A” PROPOSED ZONING MAP Owner(s): Weekley Homes, LLC Case: ANX2022-05007 Site: 1221 Sunset Point Road Property Size(Acres): ROW (Acres): 0.137 Land Use Zoning PIN: 03-29-15-36666-002-0020 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 260B To: Residential Urban (RU) Low Medium Density Residential (LMDR) LOCATION MAP Owner(s): Weekley Homes, LLC Case: ANX2022-05007 Site: 1221 Sunset Point Road Property Size(Acres): ROW (Acres): 0.137 Land Use Zoning PIN: 03-29-15-36666-002-0020 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 260B To: Residential Urban (RU) Low Medium Density Residential (LMDR) AERIAL PHOTOGRAPH Owner(s): Weekley Homes, LLC Case: ANX2022-05007 Site: 1221 Sunset Point Road Property Size(Acres): ROW (Acres): 0.137 Land Use Zoning PIN: 03-29-15-36666-002-0020 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 260B To: Residential Urban (RU) Low Medium Density Residential (LMDR) EXISTING SURROUNDING USES MAP Owner(s): Weekley Homes, LLC Case: ANX2022-05007 Site: 1221 Sunset Point Road Property Size(Acres): ROW (Acres): 0.137 Land Use Zoning PIN: 03-29-15-36666-002-0020 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 260B To: Residential Urban (RU) Low Medium Density Residential (LMDR) Detached Dwellings Detached Dwellings Detached Dwellings Commercial Detached Dwellings ANX2022-05007 Weekley Homes, LLC 1221 Sunset Point Road View looking south at subject property 1221 Sunset Point Road West of the subject property East of the subject property Across the street, to the north of the subject property View looking easterly along Sunset Point Road View looking westerly along Sunset Point Road Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9700-23 3rd rdg Agenda Date: 8/3/2023 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: City Attorney Agenda Number: 8.8 SUBJECT/RECOMMENDATION: Adopt Ordinance 9700-23 on third reading, annexing certain real property whose post office address is 1219 Sunset Point Road, Clearwater, Florida 33755 into the corporate limits of the city and redefine the boundary lines of the city to include said addition. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/1/2023 Ordinance No. 9700-23 ORDINANCE NO. 9700-23 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE SOUTHEAST CORNER OF SUNSET POINT ROAD AND SYLVAN DRIVE, WHOSE POST OFFICE ADDRESS IS 1219 SUNSET POINT ROAD, 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 1, Block B, Harbor Vista, according to the map or plat thereof, as recorded in Plat Book 18, Page(s) 41, of the Public Records of Pinellas County, Florida; (ANX2022-05008) The map attached as Exhibit “A” is hereby incorporated by reference. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Community Development Coordinator are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. Ordinance No. 9700-23 PASSED ON FIRST READING (AS ORDINANCE NO. 9586-22) PASSED ON SECOND READING PASSED ON THIRD AND FINAL READING AND ADOPTED Brian J. Aungst, Sr. Mayor Approved as to form: Matthew J. Mytych, Esq. Senior Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit “A” PROPOSED ANNEXATION Owner(s): Weekley Homes, LLC Case: ANX2022-05008 Site: 1219 Sunset Point Road Property Size(Acres): ROW (Acres): 0.137 Land Use Zoning PIN: 03-29-15-36666-002-0010 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 260B To: Residential Urban (RU) Low Medium Density Residential (LMDR) LOCATION MAP Owner(s): Weekley Homes, LLC Case: ANX2022-05008 Site: 1219 Sunset Point Road Property Size(Acres): ROW (Acres): 0.137 Land Use Zoning PIN: 03-29-15-36666-002-0010 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 260B To: Residential Urban (RU) Low Medium Density Residential (LMDR) AERIAL PHOTOGRAPH Owner(s): Weekley Homes, LLC Case: ANX2022-05008 Site: 1219 Sunset Point Road Property Size(Acres): ROW (Acres): 0.137 Land Use Zoning PIN: 03-29-15-36666-002-0010 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 260B To: Residential Urban (RU) Low Medium Density Residential (LMDR) EXISTING SURROUNDING USES MAP Owner(s): Weekley Homes, LLC Case: ANX2022-05008 Site: 1219 Sunset Point Road Property Size(Acres): ROW (Acres): 0.137 Land Use Zoning PIN: 03-29-15-36666-002-0010 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 260B To: Residential Urban (RU) Low Medium Density Residential (LMDR) Detached Dwellings Detached Dwellings Detached Dwellings Commercial Detached Dwellings ANX2022-05008 Weekley Homes, LLC 1219 Sunset Point Road View looking south at subject property 1219 Sunset Point Road East of the subject property Across the street, to the north of the subject property View looking easterly along Sunset Point Road View looking westerly along Sunset Point Road Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9701-23 3rd rdg Agenda Date: 8/3/2023 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: City Attorney Agenda Number: 8.9 SUBJECT/RECOMMENDATION: Adopt Ordinance 9701-23 on third reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1219 Sunset Point Road, Clearwater, Florida, 33755, upon annexation into the City of Clearwater, as Residential Urban (RU). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/1/2023 Ordinance No. 9701-23 ORDINANCE NO. 9701-23 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 SOUTHEAST CORNER OF SUNSET POINT ROAD AND SYLVAN DRIVE, WHOSE POST OFFICE ADDRESS IS 1219 SUNSET POINT ROAD, CLEARWATER, FLORIDA 33755, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL URBAN (RU); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Future Land Use Element of the Comprehensive Plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Future Land Use Element of the Comprehensive Plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category Lot 1, Block B, Harbor Vista, according to the map or plat thereof, as recorded in Plat Book 18, Page(s) 41, of the Public Records of Pinellas County, Florida; Residential Urban (RU) (ANX2022-05008) The map attached as Exhibit “A” is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s Comprehensive Plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9700-23. Ordinance No. 9701-23 PASSED ON FIRST READING (AS ORDINANCE NO. 9587-22) PASSED ON SECOND READING PASSED ON THIRD AND FINAL READING AND ADOPTED Brian J. Aungst, Sr. Mayor Approved as to form: Matthew J. Mytych, Esq. Senior Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit “A” PROPOSED FUTURE LAND USE MAP Owner(s): Weekley Homes, LLC Case: ANX2022-05008 Site: 1219 Sunset Point Road Property Size(Acres): ROW (Acres): 0.137 Land Use Zoning PIN: 03-29-15-36666-002-0010 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 260B To: Residential Urban (RU) Low Medium Density Residential (LMDR) LOCATION MAP Owner(s): Weekley Homes, LLC Case: ANX2022-05008 Site: 1219 Sunset Point Road Property Size(Acres): ROW (Acres): 0.137 Land Use Zoning PIN: 03-29-15-36666-002-0010 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 260B To: Residential Urban (RU) Low Medium Density Residential (LMDR) AERIAL PHOTOGRAPH Owner(s): Weekley Homes, LLC Case: ANX2022-05008 Site: 1219 Sunset Point Road Property Size(Acres): ROW (Acres): 0.137 Land Use Zoning PIN: 03-29-15-36666-002-0010 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 260B To: Residential Urban (RU) Low Medium Density Residential (LMDR) EXISTING SURROUNDING USES MAP Owner(s): Weekley Homes, LLC Case: ANX2022-05008 Site: 1219 Sunset Point Road Property Size(Acres): ROW (Acres): 0.137 Land Use Zoning PIN: 03-29-15-36666-002-0010 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 260B To: Residential Urban (RU) Low Medium Density Residential (LMDR) Detached Dwellings Detached Dwellings Detached Dwellings Commercial Detached Dwellings ANX2022-05008 Weekley Homes, LLC 1219 Sunset Point Road View looking south at subject property 1219 Sunset Point Road East of the subject property Across the street, to the north of the subject property View looking easterly along Sunset Point Road View looking westerly along Sunset Point Road Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9702-23 3rd rdg Agenda Date: 8/3/2023 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: City Attorney Agenda Number: 8.10 SUBJECT/RECOMMENDATION: Adopt Ordinance 9702-23 on third reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1219 Sunset Point Road, Clearwater, Florida 33755, upon annexation into the City of Clearwater as Low Medium Density Residential (LMDR). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/1/2023 Ordinance No. 9702-23 ORDINANCE NO. 9702-23 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE SOUTHEAST CORNER OF SUNSET POINT ROAD AND SYLVAN DRIVE, WHOSE POST OFFICE ADDRESS IS 1219 SUNSET POINT ROAD, 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. 9700-23. Property Zoning District Lot 1, Block B, Harbor Vista, according to the map or plat thereof, as recorded in Plat Book 18, Page(s) 41, of the Public Records of Pinellas County, Florida; Low Medium Density Residential (LMDR) (ANX2022-05008) Ordinance No. 9702-23 PASSED ON FIRST READING (AS ORDINANCE NO. 9588-22) PASSED ON SECOND READING PASSED ON THIRD AND FINAL READING AND ADOPTED Brian J. Aungst, Sr. Mayor Approved as to form: Matthew J. Mytych, Esq. Senior Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit “A” PROPOSED ZONING MAP Owner(s): Weekley Homes, LLC Case: ANX2022-05008 Site: 1219 Sunset Point Road Property Size(Acres): ROW (Acres): 0.137 Land Use Zoning PIN: 03-29-15-36666-002-0010 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 260B To: Residential Urban (RU) Low Medium Density Residential (LMDR) LOCATION MAP Owner(s): Weekley Homes, LLC Case: ANX2022-05008 Site: 1219 Sunset Point Road Property Size(Acres): ROW (Acres): 0.137 Land Use Zoning PIN: 03-29-15-36666-002-0010 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 260B To: Residential Urban (RU) Low Medium Density Residential (LMDR) AERIAL PHOTOGRAPH Owner(s): Weekley Homes, LLC Case: ANX2022-05008 Site: 1219 Sunset Point Road Property Size(Acres): ROW (Acres): 0.137 Land Use Zoning PIN: 03-29-15-36666-002-0010 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 260B To: Residential Urban (RU) Low Medium Density Residential (LMDR) EXISTING SURROUNDING USES MAP Owner(s): Weekley Homes, LLC Case: ANX2022-05008 Site: 1219 Sunset Point Road Property Size(Acres): ROW (Acres): 0.137 Land Use Zoning PIN: 03-29-15-36666-002-0010 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 260B To: Residential Urban (RU) Low Medium Density Residential (LMDR) Detached Dwellings Detached Dwellings Detached Dwellings Commercial Detached Dwellings ANX2022-05008 Weekley Homes, LLC 1219 Sunset Point Road View looking south at subject property 1219 Sunset Point Road East of the subject property Across the street, to the north of the subject property View looking easterly along Sunset Point Road View looking westerly along Sunset Point Road Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9684-23 2bd rdg Agenda Date: 8/3/2023 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: City Attorney Agenda Number: 8.11 SUBJECT/RECOMMENDATION: Continue to September 7, 2023: Adopt Ordinance 9684-23 on second reading, annexing certain unaddressed real property located on the north side of Tanglewood Drive approximately 675 feet west of Oak Creek Drive East, in Clearwater, Florida, 33761 into the corporate limits of the city and redefine the boundary lines of the city to include said addition. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/1/2023 Ordinance No. 9684-23 ORDINANCE NO. 9684-23 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN UNADDRESSED REAL PROPERTY LOCATED ON THE NORTH SIDE OF TANGLEWOOD DRIVE APPROXIMATELY 675 FEET WEST OF OAK CREEK DRIVE EAST, IN CLEARWATER, FLORIDA 33761, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION, PROVIDING AN EFFECTIVE DATE. WHEREAS, the owners of the real property described herein and depicted on the map attached hereto as Exhibit “B” 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: See attached Exhibit “A” for Legal Description. (ANX2023-05005) 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. 9684-23 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst, Sr. Mayor Approved as to form: Matthew J. Mytych, Esq. Senior Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit A Legal Description Unaddressed Tanglewood Dr, Clearwater, FL 33761, Parcel Number: 16-28-16-89752-000-0031 As Seen on Property Appraiser Tanglewood Estates PT of lot 3 Desc as from NW COR of SD lot TH E 195.11ft for the POB TH CONT E 211.89ft TH SW’LY 159.44ft TH W ALG N R/W of Tanglewood Dr 35.3ft TH NW’LY ALG SD N’LY R/W 64.19ft TH N19DW 131.7ft to POB. As Seen on Plat Survey A portion of Lot 3, Tanglewood Estates as shown on the Plat recorded in Plat Book 75, page 25 of the Public Records of Pinellas County Florida and being more particularly described as follows: Commence at the Northeast corner of said Lot 3; thence along the East boundary line of said Lot 3 South 29°00’00” West, a distance of 159.44 feet to the Northerly Right-of-Way line of Tanglewood Dr; thence along said Northerly Right-of-Way line the following two (2) courses and distances; (1) North 89°33’00” West, a distance of 35.81 feet; thence 64.18 feet along the arc of a curve to the left, said curve having a radius of 45.00 feet, a central angle of 81°43’17” and a chord of 58.88 feet, which bears North 74°09’55” West said point being on the Easterly boundary line of the parcel described in Official Records Book 10319, Page 1345 of said Public Records; thence along said easterly boundary line North 18°39’19” West, a distance of 131.70 feet to the North boundary line of said Lot 3; thence along said North boundary line South 89°32’45” East, a distance of 211.89 feet to the Point of Beginning. The above described parcel contains 0.46 acres more or less. Exhibit “B” PROPOSED ANNEXATION Owner(s): Deborah E. Orsi Case: ANX2023-05005 Site: Unaddressed Tanglewood Drive Property Size(Acres): ROW (Acres): 0.456 Land Use Zoning PIN: 16-28-16-89752-000-0031 From: Atlas Page: 179A To: Residential Estate (RE), Preservation (P) Residential Estate (RE), Drainage Feature Overlay R-E, Residential Estate Low Density Residential (LDR) LOCATION MAP Owner(s): Deborah E. Orsi Case: ANX2023-05005 Site: Unaddressed Tanglewood Drive Property Size(Acres): ROW (Acres): 0.456 Land Use Zoning PIN: 16-28-16-89752-000-0031 From: Atlas Page: 179A To: Residential Estate (RE), Preservation (P) Residential Estate (RE), Drainage Feature Overlay R-E, Residential Estate Low Density Residential (LDR) AERIAL PHOTOGRAPH Owner(s): Deborah E. Orsi Case: ANX2023-05005 Site: Unaddressed Tanglewood Drive Property Size(Acres): ROW (Acres): 0.456 Land Use Zoning PIN: 16-28-16-89752-000-0031 From: Atlas Page: 179A To: Residential Estate (RE), Preservation (P) Residential Estate (RE), Drainage Feature Overlay R-E, Residential Estate Low Density Residential (LDR) EXISTING SURROUNDING USES MAP Owner(s): Deborah E. Orsi Case: ANX2023-05005 Site: Unaddressed Tanglewood Drive Property Size(Acres): ROW (Acres): 0.456 Land Use Zoning PIN: 16-28-16-89752-000-0031 From: Atlas Page: 179A To: Residential Estate (RE), Preservation (P) Residential Estate (RE), Drainage Feature Overlay R-E, Residential Estate Low Density Residential (LDR) Detached Dwellings Detached Dwellings ANX2023-05005 Deborah E. Orsi Unaddressed Tanglewood Drive View looking north at subject property on Tanglewood Drive West of the subject property East of the subject property Across the street, to the south of the subject property View looking easterly along Tanglewood Drive View looking westerly along Tanglewood Drive Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9685-23 2nd rdg Agenda Date: 8/3/2023 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: City Attorney Agenda Number: 8.12 SUBJECT/RECOMMENDATION: Continue to September 7, 2023: Adopt Ordinance 9685-23 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain unaddressed real property located on the north side of Tanglewood Drive approximately 675 feet west of Oak Creek Drive East, in Clearwater, Florida, 33761, upon annexation into the City of Clearwater, as Residential Estate (RE) and Preservation (P). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/1/2023 Ordinance No. 9685-23 ORDINANCE NO. 9685-23 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 NORTH SIDE OF TANGLEWOOD DRIVE APPROXIMATELY 675 FEET WEST OF OAK CREEK DRIVE EAST, IN CLEARWATER, FLORIDA 33761, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL ESTATE (RE) AND DRAINAGE FEATURE OVERLAY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Future Land Use Element of the Comprehensive Plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Future Land Use Element of the Comprehensive Plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category See attached Exhibit “A” for Legal Description. Residential Estate (RE), Drainage Feature Overlay (ANX2023-05005) 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. 9684-23. Ordinance No. 9685-23 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst, Sr. Mayor Approved as to form: Matthew J. Mytych, Esq. Senior Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit A Legal Description Unaddressed Tanglewood Dr, Clearwater, FL 33761, Parcel Number: 16-28-16-89752-000-0031 As Seen on Property Appraiser Tanglewood Estates PT of lot 3 Desc as from NW COR of SD lot TH E 195.11ft for the POB TH CONT E 211.89ft TH SW’LY 159.44ft TH W ALG N R/W of Tanglewood Dr 35.3ft TH NW’LY ALG SD N’LY R/W 64.19ft TH N19DW 131.7ft to POB. As Seen on Plat Survey A portion of Lot 3, Tanglewood Estates as shown on the Plat recorded in Plat Book 75, page 25 of the Public Records of Pinellas County Florida and being more particularly described as follows: Commence at the Northeast corner of said Lot 3; thence along the East boundary line of said Lot 3 South 29°00’00” West, a distance of 159.44 feet to the Northerly Right-of-Way line of Tanglewood Dr; thence along said Northerly Right-of-Way line the following two (2) courses and distances; (1) North 89°33’00” West, a distance of 35.81 feet; thence 64.18 feet along the arc of a curve to the left, said curve having a radius of 45.00 feet, a central angle of 81°43’17” and a chord of 58.88 feet, which bears North 74°09’55” West said point being on the Easterly boundary line of the parcel described in Official Records Book 10319, Page 1345 of said Public Records; thence along said easterly boundary line North 18°39’19” West, a distance of 131.70 feet to the North boundary line of said Lot 3; thence along said North boundary line South 89°32’45” East, a distance of 211.89 feet to the Point of Beginning. The above described parcel contains 0.46 acres more or less. Exhibit “B” PROPOSED FUTURE LAND USE MAP Owner(s): Deborah E. Orsi Case: ANX2023-05005 Site: Unaddressed Tanglewood Drive Property Size(Acres): ROW (Acres): 0.456 Land Use Zoning PIN: 16-28-16-89752-000-0031 From : R-E, Residential Estate Atlas Page: 179A To: Residential Estate (RE), Preservation (P) Residential Estate (RE), Drainage Feature Overlay Low Density Residential (LDR) LOCATION MAP Owner(s): Deborah E. Orsi Case: ANX2023-05005 Site: Unaddressed Tanglewood Drive Property Size(Acres): ROW (Acres): 0.456 Land Use Zoning PIN: 16-28-16-89752-000-0031 From: Atlas Page: 179A To: Residential Estate (RE), Preservation (P) Residential Estate (RE), Drainage Feature Overlay R-E, Residential Estate Low Density Residential (LDR) AERIAL PHOTOGRAPH Owner(s): Deborah E. Orsi Case: ANX2023-05005 Site: Unaddressed Tanglewood Drive Property Size(Acres): ROW (Acres): 0.456 Land Use Zoning PIN: 16-28-16-89752-000-0031 From: Atlas Page: 179A To: Residential Estate (RE), Preservation (P) Residential Estate (RE), Drainage Feature Overlay R-E, Residential Estate Low Density Residential (LDR) EXISTING SURROUNDING USES MAP Owner(s): Deborah E. Orsi Case: ANX2023-05005 Site: Unaddressed Tanglewood Drive Property Size(Acres): ROW (Acres): 0.456 Land Use Zoning PIN: 16-28-16-89752-000-0031 From: Atlas Page: 179A To: Residential Estate (RE), Preservation (P) Residential Estate (RE), Drainage Feature Overlay R-E, Residential Estate Low Density Residential (LDR) Detached Dwellings Detached Dwellings ANX2023-05005 Deborah E. Orsi Unaddressed Tanglewood Drive View looking north at subject property on Tanglewood Drive West of the subject property East of the subject property Across the street, to the south of the subject property View looking easterly along Tanglewood Drive View looking westerly along Tanglewood Drive Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9686-23 2nd rdg Agenda Date: 8/3/2023 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: City Attorney Agenda Number: 8.13 SUBJECT/RECOMMENDATION: Continue to September 7, 2023: Adopt Ordinance 9686-23 on second reading, amending the Zoning Atlas of the city by zoning certain unaddressed real property located on the north side of Tanglewood Drive approximately 675 feet west of Oak Creek Drive East, in Clearwater, Florida, 33761, upon annexation into the City of Clearwater as Low Density Residential (LDR) and Preservation (P). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/1/2023 Ordinance No. 9686-23 ORDINANCE NO. 9686-23 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN UNADDRESSED REAL PROPERTY LOCATED ON THE NORTH SIDE OF TANGLEWOOD DRIVE APPROXIMATELY 675 FEET WEST OF OAK CREEK DRIVE EAST, IN CLEARWATER, FLORIDA 33761, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW DENSITY RESIDENTIAL (LDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the Zoning Atlas of the City is amended, as follows: The map attached as Exhibit “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. 9684-23. Property Zoning District See attached Exhibit “A” for Legal Description Low Density Residential (LDR) (ANX2023-05005) Ordinance No. 9686-23 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst, Sr. Mayor Approved as to form: Matthew J. Mytych, Esq. Senior Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit A Legal Description Unaddressed Tanglewood Dr, Clearwater, FL 33761, Parcel Number: 16-28-16-89752-000-0031 As Seen on Property Appraiser Tanglewood Estates PT of lot 3 Desc as from NW COR of SD lot TH E 195.11ft for the POB TH CONT E 211.89ft TH SW’LY 159.44ft TH W ALG N R/W of Tanglewood Dr 35.3ft TH NW’LY ALG SD N’LY R/W 64.19ft TH N19DW 131.7ft to POB. As Seen on Plat Survey A portion of Lot 3, Tanglewood Estates as shown on the Plat recorded in Plat Book 75, page 25 of the Public Records of Pinellas County Florida and being more particularly described as follows: Commence at the Northeast corner of said Lot 3; thence along the East boundary line of said Lot 3 South 29°00’00” West, a distance of 159.44 feet to the Northerly Right-of-Way line of Tanglewood Dr; thence along said Northerly Right-of-Way line the following two (2) courses and distances; (1) North 89°33’00” West, a distance of 35.81 feet; thence 64.18 feet along the arc of a curve to the left, said curve having a radius of 45.00 feet, a central angle of 81°43’17” and a chord of 58.88 feet, which bears North 74°09’55” West said point being on the Easterly boundary line of the parcel described in Official Records Book 10319, Page 1345 of said Public Records; thence along said easterly boundary line North 18°39’19” West, a distance of 131.70 feet to the North boundary line of said Lot 3; thence along said North boundary line South 89°32’45” East, a distance of 211.89 feet to the Point of Beginning. The above described parcel contains 0.46 acres more or less. PROPOSED ZONING MAP Owner(s): Deborah E. Orsi Case: ANX2023-05005 Site: Unaddressed Tanglewood Drive Property Size(Acres): ROW (Acres): 0.456 Land Use Zoning PIN: 16-28-16-89752-000-0031 From : R-E, Residential Estate Atlas Page: 179A To: Residential Estate (RE), Preservation (P) Residential Estate (RE), Drainage Feature Overlay Low Density Residential (LDR) LOCATION MAP Owner(s): Deborah E. Orsi Case: ANX2023-05005 Site: Unaddressed Tanglewood Drive Property Size(Acres): ROW (Acres): 0.456 Land Use Zoning PIN: 16-28-16-89752-000-0031 From: Atlas Page: 179A To: Residential Estate (RE), Preservation (P) Residential Estate (RE), Drainage Feature Overlay R-E, Residential Estate Low Density Residential (LDR) AERIAL PHOTOGRAPH Owner(s): Deborah E. Orsi Case: ANX2023-05005 Site: Unaddressed Tanglewood Drive Property Size(Acres): ROW (Acres): 0.456 Land Use Zoning PIN: 16-28-16-89752-000-0031 From: Atlas Page: 179A To: Residential Estate (RE), Preservation (P) Residential Estate (RE), Drainage Feature Overlay R-E, Residential Estate Low Density Residential (LDR) EXISTING SURROUNDING USES MAP Owner(s): Deborah E. Orsi Case: ANX2023-05005 Site: Unaddressed Tanglewood Drive Property Size(Acres): ROW (Acres): 0.456 Land Use Zoning PIN: 16-28-16-89752-000-0031 From: Atlas Page: 179A To: Residential Estate (RE), Preservation (P) Residential Estate (RE), Drainage Feature Overlay R-E, Residential Estate Low Density Residential (LDR) Detached Dwellings Detached Dwellings ANX2023-05005 Deborah E. Orsi Unaddressed Tanglewood Drive View looking north at subject property on Tanglewood Drive West of the subject property East of the subject property Across the street, to the south of the subject property View looking easterly along Tanglewood Drive View looking westerly along Tanglewood Drive