12/16/2024Monday, December 16, 2024
1:30 PM
City of Clearwater
Main Library - Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
Main Library - Council Chambers
Council Work Session
Work Session Agenda - Final-revised
December 16, 2024Council Work Session Work Session Agenda -
Final-revised
1. Call to Order
2. Economic Development and Housing
Accept the 2024 Local Housing Incentive Strategy (LHIS) Report
developed by the Affordable Housing Advisory Committee (AHAC).
(APH)
2.1
3. Finance
Ratify and confirm a not-to-exceed amount of $561,163.00 for
restoration and mitigation work for Fire Station 46, Beach Police
Substation, Lifeguard Tower 0, Beach Marina Building, and variety of
other structures to SERVPRO of Largo as the general contractor for the
remediation and recovery services performed. (consent)
3.1
Ratify and confirm a not-to-exceed amount of $1,958,684.86 for the
mitigation work for BayCare Ballpark (Phillies Stadium), consisting of an
estimated amount of $1,500,000.00 to SERVPRO of Montgomery as
the general contractor for mitigation work, $175,000.00 to Garland
Solution Options for roofing repairs, $33,784.86 to Bates Electric for
electric repairs, and $249,900.00 to Turbo Link International, inc. for
equipment and padding replacement for the stadium. (consent)
3.2
4. Parks and Recreation
Approve staff recommendations regarding policies for the use of ten
event days at The BayCare Sound and authorize the appropriate
officials to execute same. (consent)
4.1
Authorize a Guaranteed Maximum Price proposal with Bandes
Construction Company, Inc. of Dunedin, FL for professional services in
connection with the temporary repairs needed for Pier 60 in the amount
of $270,312.00.00 pursuant to Request for Qualifications (RFQ) 51-24
and authorize the appropriate officials to execute same. (consent)
4.2
Authorize a Guaranteed Maximum Price proposal to Khors
Construction, Inc. of Pinellas Park, Florida, for the construction of a
1,700-square foot maintenance, office and restroom building at Joe
DiMaggio Sports Complex located at 2450 Drew Street in the amount of
$562,433.29 pursuant to Request for Qualifications (RFQ) 51-24 and
authorize the appropriate officials to execute same. (consent)
4.3
Page 2 City of Clearwater Printed on 12/11/2024
December 16, 2024Council Work Session Work Session Agenda -
Final-revised
Approve a Contract for the Purchase of Real Property located at First
St, East Lot’s 1 and 2 by the City of Clearwater Parks Department from
A Investments Development Corp. for the purchase price of
$1,240,000.00 and $15,000 closing expenditures, not to exceed
$1,255,000.00, as recorded in O.R. Book(s) 21923, Page 910, Book
14426, Page 14 and 17, Book 17947, Page 1794, Book 12632, Page
1261, and Book 21989, Page 2463 all part thereof the Public Records
Plat Book 9, Page 52 of Pinellas County, FL, and authorize the
appropriate officials to execute same. (consent)
4.4
5. Public Works
Authorize a purchase order increase and extension to David Nelson
Construction Company of Palm Harbor, Florida for 2021 Stormwater
Repairs on a unit price basis in the not-to-exceed amount of
$3,000,000.00 through December 31, 2025, pursuant to ITB
20-0029-EN, and authorize the appropriate officials to execute same.
(consent)
5.1
Authorize a professional service agreement and purchase order with
CPH Consulting, LLC of Tampa, FL as a Public Works Department
Program Consultant (24-0049-EN) in the annual not-to-exceed amount
of $350,000.00 for a five-year term pursuant to Request for
Qualification (RFQ) 37-24 and authorize the appropriate officials to
execute same. (consent)
5.2
Authorize a professional service agreement and increase to purchase
order with Broaddus and Associates, of Tampa, FL for the Public Works
Department (PWD) Program Consultant (24-0048-EN) in the amount of
$350,000.00 bringing the annual not-to-exceed amount to $445,000.00
for a five-year term pursuant to Request for Qualification (RFQ) 37-24
and authorize the appropriate officials to execute same. (consent)
5.3
Authorize a Purchase Order to Keystone Excavators, Inc. of Oldsmar,
FL, for the reconstruction of Parking Lot 36 located at 4 Rockaway
Street in the amount of $765,424.75 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)
5.4
6. Planning
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 1755 St. Anthony Drive
and pass Ordinances 9802-25, 9803-25, and 9804-25 on first reading.
(ANX2024-10008)
6.1
Page 3 City of Clearwater Printed on 12/11/2024
December 16, 2024Council Work Session Work Session Agenda -
Final-revised
Continue to a date uncertain: Approve amendment to the Community
Development Code to establish standards for artificial turf, require
landscaped areas in front yards for residentially zoned properties, clarify
the use of nonliving landscape materials, and make other associated
updates, and pass Ordinance 9805-25 on first reading. (TA2024-07002)
6.2
7. Public Utilities
Approve agreements with Black and Veatch (B and V) of Tampa, FL,
CHA Consulting, Inc. (CHA) of Tampa, FL, and Freese and Nichols of
Tampa, FL, for Project Management Services in a cumulative
not-to-exceed amount of $5,022,732.00 for a three-year term, with one,
three-year renewal option in a cumulative not-to-exceed amount
of$5,022,732.00, for a total not-to-exceed of $10,045,464.00, pursuant
to RFP 22-24, and authorize the appropriate officials to execute the
same. (consent)
7.1
Authorize purchase orders to H and H Liquid Sludge Disposal, Inc of
Branford, FL as the primary awardee, and T Wayne Hill of Mulberry, FL
as a secondary awardee for the hauling and disposal of biosolids in the
cumulative not-to-exceed amount of $7,500,000.00, beginning January
17, 2025 through January 16, 2028, with two, one-year renewal options
in the annual not-to-exceed amount of $2,500,000.00 pursuant to
Invitation to Bid (ITB) 02-25 and authorize the appropriate officials to
execute same. (consent)
7.2
8. City Clerk
Appoint Indira Yengera to the Sister Cities Advisory Board, as the Youth
Member, to a term expiring October 31, 2028. (consent)
8.1
Appoint an individual to the Library Board with an unexpired term
through February 28, 2025.
8.2
Approve the 2025 State Legislative Agenda.8.3
9. City Attorney
Reaffirm that portions of the former Harborview Property are
unnecessary for public purposes; that disposal of said land is in the best
interest of the Public; authorizing conveyance of the land by warranty
deed pursuant to the terms of the purchase and sale agreement;
authorizing the appropriate officials to execute said deed; releasing any
automatic reservation and right of entry in accordance with F. S.
270.11, authorize the appropriate officials to execute same, and adopt
Resolution 24-20.
9.1
Page 4 City of Clearwater Printed on 12/11/2024
December 16, 2024Council Work Session Work Session Agenda -
Final-revised
Adopt ordinance 9806-24 on second reading, amending Clearwater
Code of Ordinances Chapter 22, Article II, Section 22.24, to correct the
name of McKay Playfield to McKay Park; change the operating hours of
McKay Park from closed between sunset to sunrise to closed between
9:00 p.m. and 7:00 a.m.; add six parks (Mercado, Bayshore Trail, North
Betty Lane Neighborhood Park, Lake Chataqua Equestrian Park and
Nature Preserve, McLennan Circle Park and Rainbow Drive Park);
remove one park (Holt Avenue).
9.2
10. City Manager Verbal Reports
11. City Attorney Verbal Reports
12. Council Discussion Item
Temporary Suspension of Council Rules12.1
13. New Business (items not on the agenda may be brought up asking they be
scheduled for subsequent meetings or work sessions in accordance with Rule 1,
Paragraph 2).
14. Closing Comments by Mayor
15. Adjourn
16. Presentation(s) for Council Meeting
December Service Awards16.1
Domestic Violence Awareness Month Proclamation, Hope Villages16.2
Keep Pinellas Beautiful - Megan Jackson, Program Coordinator16.3
City of Clearwater Red-Light Camera Annual Report16.4
Page 5 City of Clearwater Printed on 12/11/2024
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#24-1547
Agenda Date: 12/16/2024 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Economic Development & Housing
Agenda Number: 2.1
SUBJECT/RECOMMENDATION:
Accept the 2024 Local Housing Incentive Strategy (LHIS) Report developed by the Affordable Housing
Advisory Committee (AHAC). (APH)
SUMMARY:
Florida Statute Section 420.9076 states that counties and cities receiving State Housing Initiatives
Partnership (SHIP) program funds are required to appoint an Affordable Housing Advisory Committee
(AHAC). The statute further provides that the committee be made up of members from specific
industries or groups as identified in the statute. The requirement was largely met through the use of the
City’s existing seven-member Neighborhood and Affordable Housing Advisory Board (NAHAB). City staff
recommended council appointment of four additional committee members. The City Council adopted
Resolution No. 24-11 that created and appointed the 2024 AHAC.
The duties of the AHAC included reviewing policies and procedures, ordinances, land development
regulations and the City’s adopted comprehensive plan and recommending specific actions or initiatives
to encourage or facilitate affordable housing.
Per state statute, at a minimum, the AHAC is required to review and consider recommendations on the
following:
1)The processing of approvals of development orders or permits, as defined in F.S.163.3164 (7) and
(8), for affordable housing projects is expedited to a greater degree than other projects.
2)The modification of impact-fee requirements, including reduction or waiver of fees and alternative
methods of fee payment for affordable housing.
3)The allowance of flexibility in densities for affordable housing.
4)The reservation of infrastructure capacity or housing for very low-income persons, low-income
persons, and moderate-income persons.
5)The allowance of affordable accessory residential units in residential zoning districts.
6)The reduction of parking and setback requirements for affordable housing.
7)The allowance of flexible lot configurations, including zero-lot-line configurations for affordable
housing.
8)The modification of street requirements for affordable housing.
9)The establishment of a process by which a local government considers, before adoption, policies,
procedures, ordinances, regulations, or plan provisions that increase the cost of housing.
10)The preparation of a printed inventory of locally owned public lands suitable for affordable housing.
11)The support of development near transportation hubs and major employment centers and mixed-use
developments.
In addition to these eleven required criteria, the 2023 AHAC continued five additional types of incentives
in the following areas:
12)Adaptive reuse
13)Land Development Code
14)Communication and Marketing of Affordable Housing
15)Financing
16)Partnerships
Page 1 City of Clearwater Printed on 12/11/2024
File Number: ID#24-1547
Throughout the fall of 2024, consultant Wade Trim, along with Economic Development and Housing
Department staff and Planning and Development Department staff, facilitated discussion at four
meetings of the AHAC. The meetings centered around reviewing the 2023 LHIS to discuss whether any
changes should be made as well as to consider new strategies to incentivize development of affordable
housing. The LHIS encompasses the definition, vision, strategic focus areas and incentive
recommendations in order to facilitate the development and preservation of affordable housing in the
City of Clearwater. The AHAC convened on four separate occasions to develop and identify the value of
affordable housing, identify the principles for Clearwater’s affordable housing and develop/confirm a
vision statement to be included as part of the LHIS.
The AHAC members focused on the values that affordable housing brings to the City of Clearwater. The
AHAC recommended the continuation, with slight modifications in some cases, of recommendations
made by prior AHAC committees. This year’s committee recommended several language changes to
incorporate more affirmative language in the document. The committee also made several
recommendations that will require additional staff resources. The following list contains excerpts
incorporating substantive changes from the previous report to produce the 2024 LHIS Report:
1.2 Create a process and definitive project requirement checklist for affordable housing projects for each
level of review and stage of permitting, starting with an “affordable housing project” checkbox on
application form(s) as applicable.
5.4 Consider educational and financial incentives that reduce barriers to the rehabilitation and
construction of accessory dwelling units, such as information about the permitting process specific to
accessory dwelling units, rebates, or other fee reductions.
14.1 Conduct an educational campaign, in conjunction with regular City communications, to rebrand
affordable housing as workforce or attainable housing that supports the diverse needs of residents
through a variety of unit/product types compatible with the City’s neighborhoods. (Expand terminology to
include “attainable housing”)
16.1 Partner with lenders, realtors, title companies, inspectors, and contractors through regular outreach
to increase knowledge of the City’s housing assistance programs, provide guidelines and training to
improve compliance, and facilitate opportunities for qualified contractors to bid projects.
The LHIS report is due annually. The staff recommendation is for City Council to accept the 2024 LHIS
Report. Staff will submit the report to the Florida Housing Finance Corporation no later than December
31, 2024. Per State Statute, the city shall update its Local Housing Assistance Plan to incorporate the
recommended incentives it desires to implement. This year’s LHIS update includes recommendations
that were approved by the AHAC on December 3rd, 2024.
APPROPRIATION CODE AND AMOUNT:
N/A
USE OF RESERVE FUNDS:
N/A
STRATEGIC PRIORITY:
2.4 - Supports equitable housing programs that promote household stability and reduce the incidence of
homelessness within Clearwater.
Page 2 City of Clearwater Printed on 12/11/2024
2024
Prepared by:
Affordable Housing
Advisory Committee
City of Clearwater
FINAL – 12/3/2024
Local Housing Incentive Strategies Update
Affordable Housing Advisory Committee
Report to City Council
SHIP Local Housing Incentive Strategies
FINAL
December 3, 2024
___________________________________ PREPARED BY: Affordable Housing Advisory Committee/ City of Clearwater Economic Development & Housing Department with Assistance from Wade Trim, Inc. TO BE SUBMITTED TO: Florida Housing Finance Corporation
City of Clearwater Local Housing Incentive Strategies | 2
Economic Development & Housing Department
Table of Contents
I. BACKGROUND ....................................................................................................................................... 3
1.1 The City of Clearwater........................................................................................................... 3
1.2 The Affordable Housing Advisory Committee ........................................................................ 3
1.2.1 Committee Composition ....................................................................................................... 4
1.3 Process to Develop the Local Housing Incentive Strategies .................................................... 6
II. LOCAL HOUSING INCENTIVE STRATEGIES ............................................................................................. 7
2.1 Affordable Housing Incentives .............................................................................................. 7
2.1.1 Expedited Review Process..................................................................................................... 8
2.1.2 Modification of Fees ........................................................................................................... 11
2.1.3 Flexible Densities ................................................................................................................ 14
2.1.4 Infrastructure Capacity ....................................................................................................... 16
2.1.5 Accessory Dwelling Units .................................................................................................... 17
2.1.6 Parking Reductions .............................................................................................................. 20
2.1.7 Flexible Lot Configurations.................................................................................................. 21
2.1.8 Modification of Street Requirements ................................................................................. 23
2.1.9 Pre-Adoption Policy Consideration ..................................................................................... 24
2.1.10 Inventory of Public Lands .................................................................................................... 25
2.1.11 Proximity to Transportation, Employment & Mixed-Use Development ............................ 28
2.2 Additional Incentives .......................................................................................................... 30
2.2.1 Adaptive Reuse ................................................................................................................... 30
2.2.2 Land Development Code ..................................................................................................... 31
2.2.3 Communication and Marketing of Affordable Housing ...................................................... 32
2.2.4 Financing ............................................................................................................................. 34
2.2.5 Partnerships ........................................................................................................................ 35
APPENDIX A: City of Clearwater Resolutions
APPENDIX B: Affordable Housing in Clearwater
APPENDIX C: Values, Principles and Vision
APPENDIX D: Advisory Committee Meeting Summaries
APPENDIX E: AHAC Recommendations
City of Clearwater Local Housing Incentive Strategies | 3
Economic Development & Housing Department
I. BACKGROUND
1.1 The City of Clearwater
The City of Clearwater is approximately 26 square miles in size (land area) and located in Pinellas County
on the west coast of Florida along the Gulf of Mexico and Tampa Bay. Clearwater is the county seat of
Pinellas County and shares boundaries with the municipalities of Largo, Dunedin, Safety Harbor, Belleair
Beach and the Town of Belleair. Along with the cities of St. Petersburg and Tampa, Clearwater is one of
the most urbanized areas within the Tampa Bay Region.
According to the most recent decennial U.S. Census, the City of Clearwater had a population of 117,292
in 2020. Estimates from the University of Florida Bureau of Economic and Business Research (BEBR) for
2023 indicate that the City’s current population is approximately 118,904. Based on that share (12.20%)
of Pinellas County’s projected population, the City may have a population of 124,139 by 2040 based on a
medium growth scenario.
1.2 The Affordable Housing Advisory Committee
As a recipient of State Housing Initiatives Partnership (SHIP) funds the City established an Affordable
Housing Advisory Committee (AHAC) in August 2024 as required by Florida Statute (F.S.), Section
420.9076. Section 420.9076, F.S., as most recently amended, requires all municipalities receiving SHIP
funds to:
a) Establish an Affordable Housing Advisory Committee (AHAC);
b) Prepare Local Housing Incentive Strategies (LHIS) to facilitate the provision of
affordable/workforce housing; and
c) Amend the Local Housing Assistance Plan (LHAP) to include the recommendations of the LHIS.
The AHAC is responsible for reviewing ordinances, land development regulations, Comprehensive Plan
policies, and other aspects of the City’s policies and procedures that affect the cost of housing. In addition,
the AHAC is responsible for making recommendations to encourage affordable housing.
The AHAC was previously required to submit a LHIS report triennially (i.e., every three years). Effective
October 1, 2020, the LHIS report must be submitted annually. The report includes recommendations by
the AHAC as well as comments on the implementation of incentives for at least the following eleven (11)
distinct areas:
• The processing of approvals of development orders or permits for affordable housing projects is
expedited to a greater degree than other projects, as provided in s. 163.3177(6)(f)3, F.S.
• All allowable fee waivers provided for the development or construction of affordable housing.
• The allowance of flexibility in densities for affordable housing.
• The reservation of infrastructure capacity for housing for very-low-income persons, low-income
persons, and moderate-income persons.
• Affordable accessory residential units.
• The reduction of parking and setback requirements for affordable housing.
City of Clearwater Local Housing Incentive Strategies | 4
Economic Development & Housing Department
• The allowance of flexible lot configurations, including zero-lot-line configurations for affordable
housing.
• The modification of street requirements for affordable housing.
• The establishment of a process by which a local government considers, before adoption, policies,
procedures, ordinances, regulations, or plan provisions that increase the cost of housing.
• The preparation of a printed inventory of locally owned public lands suitable for affordable
housing.
• The support of development near transportation hubs and major employment centers and mixed-
use developments.
1.2.1 Committee Composition
The City of Clearwater’s first eleven-member AHAC was established on June 19, 2008, representing those
actively engaged in the provision of affordable housing. The composition of the first AHAC is outlined in
Resolution #08-15 (see Appendix A). This first AHAC prepared the City’s original LHIS, which was approved
in December 2008.
Although Florida Statutes required the LHIS to be reviewed by the AHAC triennially, the City was not
required to review the LHIS in 2011 because it did not meet the SHIP funding threshold at that time. In
2014, however, the SHIP funding threshold for LHIS review was met. On August 18, 2014, the City formed
a second eleven-member AHAC, which reviewed and updated the LHIS in December 2014. The
composition of the second AHAC is outlined in Resolution #14-26 (see Appendix A).
The City formed a third eleven-member AHAC on October 5, 2017, which reviewed and updated the LHIS
by December 2017. Although the Florida Statute no longer required a resolution of City Council to appoint
the AHAC, the third AHAC was appointed by City Council action as Resolution #17-34 (see Appendix A).
On September 17, 2020, the City formed a fourth eleven-member AHAC to review and update the LHIS by
December 2020. The fourth AHAC was appointed by City Council action as Resolution #20-50 (see
Appendix A).
On September 2, 2021, the City formed a fifth eleven-member AHAC to review and update the LHIS by
December 2021. The fifth AHAC was appointed by City Council action as Resolution #21-30 (see Appendix
A).
On September 1, 2022, the City formed a sixth eleven-member AHAC to review and update the LHIS by
December 2022. The sixth AHAC was appointed by City Council action as Resolution #22-19 (see Appendix
A).
On September 7, 2023, the City formed a seventh eleven-member AHAC to review and update the LHIS
by December 2023. The seventh AHAC was appointed by City Council action as Resolution #23-12 (see
Appendix A).
City of Clearwater Local Housing Incentive Strategies | 5
Economic Development & Housing Department
On August 15, 2024, the City formed an eighth eleven-member AHAC to review and update the LHIS by
December 2024. The eighth AHAC was appointed by City Council action as Resolution #24-11 (see
Appendix A).
Section 420.907, F.S. lists the categories from which AHAC members must be selected. There must be at
least eight (8) but not more than 11 committee members with representation from at least six (6) of the
following categories:
• Citizen actively engaged in the residential home building industry in connection with affordable
housing.
• Citizen actively engaged in the banking or mortgage banking industry in connection with
affordable housing.
• Citizen representative of those areas of labor actively engaged in home building in connection
with affordable housing.
• Citizen actively engaged as an advocate for low-income persons in connection with affordable
housing.
• Citizen actively engaged as a for-profit provider of affordable housing.
• Citizen actively engaged as a not-for-profit provider of affordable housing.
• Citizen actively engaged as a real estate professional in connection with affordable housing.
• Citizen actively serving on the local planning agency pursuant to Section 163.3174, F.S.
• Citizen residing within the jurisdiction of the local governing body marking the appointments.
• Citizen who represents employers within the jurisdictions.
• Citizen who represents essential services personnel, as defined in the Local Housing Assistance
Plan (LHAP).
Additionally, effective October 1, 2020, at least one committee member must be a locally elected official
from the participating jurisdiction (i.e., a City Councilmember).
The appointed 2024 AHAC members are included in Table 1, along with their category affiliation.
Table 1: Committee Composition
Name Category Represented Date Appointed
1. David Harder Labor Engaged in Affordable Housing August 15, 2024
2. Robyn Fiel Banking & Mortgage Industry August 15, 2024
3. Christine Bond Advocate for Low-Income Persons August 15, 2024
4. Lindsay Dicus-Harrison Real Estate Professional August 15, 2024
5. Linda Byars Citizen Residing in Clearwater August 15, 2024
6. Camille Hebting Represents Employers in Clearwater August 15, 2024
7. Charessa Doty Not-For-Profit Provider of Affordable Housing August 15, 2024
City of Clearwater Local Housing Incentive Strategies | 6
Economic Development & Housing Department
8. Rick Vail Residential Home Building Industry August 15, 2024
9. Michael Boutzoukas, Serves on the Local Planning Agency August 15, 2024
10. Cheri DeBlaere Represents Essential Services Personnel August 15, 2024
11. Mike Mannino Locally Elected Official (City Councilmember) August 15, 2024
1.3 Process to Develop the Local Housing Incentive Strategies
To update the LHIS, City staff and AHAC members actively participated in the following activities to fulfill
the requirements of Section 420.9076, F.S.
• Review of requirements of Section 420.9076, F.S.
• Discussion regarding main issues/barriers affecting the production of affordable housing (see
Appendix B)
• Discussion with for-profit and non-profit developers to identify main barriers to the provision of
affordable housing (see Appendix B)
• Evaluation with City staff and AHAC of the current regulations (comprehensive plan, code, and
ordinances) that provide developer incentives for the provision of affordable housing
• Update of the LHIS report
Chart 1 outlines the schedule established in Florida Statutes to prepare the LHIS:
Chart 1: Schedule to Meet Requirements
Source: Originally based on Florida Housing Coalition webinar titled, “SHIP Incentive Strategies and the AHAC” (2019). Schedule updated to reflect
City of Clearwater events and dates in 2024.
City of Clearwater Local Housing Incentive Strategies | 7
Economic Development & Housing Department
II. LOCAL HOUSING INCENTIVE STRATEGIES
The City of Clearwater’s eighth eleven-member AHAC was formed in August 2024 to review and update
the values, principles, vision, and recommendations for the LHIS. The resulting values, principles and vision
are found in Appendix C and the resulting recommendations are found in Appendix E.
2.1 Affordable Housing Incentives
The following provides synopses of the City’s current affordable housing practices, including policies,1
procedures, ordinances, and regulations. The following also outlines the AHAC’s evaluation of the
recommendations to incentivize affordable housing that were previously approved in 2023. As part of the
evaluation, the AHAC may continue, modify, or remove some recommendations and may add new
recommendations as relevant. Recommendations for incentives are organized by the strategic incentives
cited in Florida Statutes respective to the SHIP program funding. Section 420.9076, F.S., cites 11 areas of
affordable housing incentives for examination by the AHAC. The AHAC evaluated the City’s
implementation of various incentives in these 11 areas and recommended other areas not cited in the
statute.
This evaluation of recommendations occurred during meetings with the AHAC and City staff from
September through December 2024. The following provides the schedule of these meetings:
9/10/2024 Meeting with the AHAC and staff of the Economic Development & Housing Department
10/28/2024 Meeting with the AHAC and staff of the Economic Development & Housing Department
11/12/2024 Meeting with the AHAC and staff of the Economic Development & Housing Department
12/3/2024 Public Hearing with the AHAC, staff of the Economic Development & Housing
Department, and interested members of the public
12/19/2024 City Council meeting to accept the updated LHIS report
Summaries of the AHAC meetings held on September 10, 2024, October 28, 2024, and November 12,
2024, can be found in Appendix D. The LHIS report is a result of the meetings held with the AHAC and the
input of City staff to determine the feasibility of the AHAC recommendations. On December 3, 2024, the
AHAC reviewed the LHIS report and finalized its recommendations regarding affordable housing
incentives. The final recommendations, approved by the AHAC at a public hearing, are captured in
Appendix E. The LHIS report will be heard by City Council on December 19, 2024, and the
recommendations will be used to amend the Local Housing Assistance Plan (LHAP) and the City’s
Comprehensive Plan.
1 All references made to the City of Clearwater’s “Comprehensive Plan” are drawn from the official document titled, “Clearwater 2045” as
adopted by City Council in January 2024 and inclusive of any amendments as of the date of this report.
City of Clearwater Local Housing Incentive Strategies | 8
Economic Development & Housing Department
2.1.1 Expedited Review Process
Strategic Incentive No. 1 (Florida Statute)
The processing of approvals of development orders or permits for affordable housing projects is
expedited to a greater degree than other projects, as provided in s. 163.3177(6)(f)3, F.S.
Meeting Synopsis:
No discussion related to expediting review processes occurred during the first AHAC meeting on
September 10, 2024.
During the second AHAC meeting on October 28, 2024, the “Request for Expedited Permit Processing
for Affordable Housing Activity” form was discussed, along with the duration of single-family permit
reviews (four days initially and three days subsequently). Clarification was provided regarding the
timing of multi-family versus single-family permit reviews, and the applicability of the City’s expedited
permitting process.
The AHAC also inquired about applicability to other types of housing (e.g., duplexes, triplexes, etc.),
whether the expedited review process was working, whether the process applies to only new
construction, and how affordable housing projects are funded. City staff and the Consultant
responded affirmatively to the committee’s questions and conveyed that multiple funding sources
are used (i.e., private, public, grant, etc.) for such projects.
The AHAC then discussed providing a list of potential mentors experienced in affordable housing,
which was Recommendation 1.3 of the 2023 LHIS report. The AHAC asked whether that
recommendation had been implemented. City staff responded that the Economic Development &
Housing Department provides technical assistance to developers seeking to provide affordable
housing. However, a list of established developers to provide mentoring has not been provided. The
AHAC expressed continued interest and need for the mentor list.
The AHAC also inquired about how response times are measured, for example by customer service
survey or similar tool. City staff responded that the general rule is response within 24 hours or one (1)
business day.
The AHAC discussed the development of a brochure, which City staff confirmed was developed and
is available on the City’s website. The new tri-fold brochure “Affordable Housing Permitting Process
at a Glance” can be viewed on the Development Approval and Permitting Process webpage, and at
the links below:
https://www.myclearwater.com/Business-Development/Information-for-Developers-of-Affordable-
Housing/Affordable-Housing-Development/Development-Approval-and-Permitting-Process
City of Clearwater Local Housing Incentive Strategies | 9
Economic Development & Housing Department
https://www.myclearwater.com/files/sharedassets/public/v/1/planning-amp-
development/documents/new-forms/affordable_housing_permitting_brochure-6.pdf
The AHAC also confirmed that the “Request for Expedited Permit Processing for Affordable Housing
Activity” form exists and is available to developers.
The AHAC discussed building example plans, and whether any templates have been submitted for pre-
screening. The AHAC discussed whether building example plans (referenced under Recommendation
1.5) were truly an incentive, since none have been submitted. Committee member Rick Vail, of Habitat
for Humanity, stated that they are in the process of creating master plans that encompass the typical
homes they construct to decrease the amount of time in permitting. Such plans could be on file and
pre-reviewed to expedite permitting. After discussion, the AHAC decided to continue
Recommendation 1.5 to allow more time to determine whether such recommendation will be
effective as an incentive.
During the second AHAC meeting on October 28, 2024, the AHAC requested information about how
many “Request for Expedited Permit Processing for Affordable Housing Activity” forms had been
submitted through the expedited permitting process. At the third AHAC meeting on November 12,
2024, City staff responded that eight (8) permits were expedited. However, City staff stated the count
does not show the full story because not all affordable housing developers specifically request
expedited permitting or identify affordable housing in their application narrative. As a result, City staff
will work with the Planning & Development Department and the City Clerk’s office regarding how to
better track affordable housing permits.
The AHAC inquired about the eight (8) expedited permits and asked if the applicant must identify their
application as expedited, or whether City staff (in house) identifies the permit as expedited. City staff
responded that the Planning & Development Department and/or the Economic Development &
Housing Department upon first contact will provide the applicant with a letter that confirms the
application is for affordable housing and qualifies for expediting permitting and associated incentives.
The AHAC also discussed how applicants work together with the Economic Development & Housing
Department to submit that letter with their initial permit application, which is part of the timeline for
submittal. The AHAC noted that there are likely more than eight (8) affordable housing projects in the
City of Clearwater. The AHAC and City staff then discussed adding a checkbox to the permit application
to make it easier to identify affordable housing projects as they come in, and to move them into the
expedited permitting process.
The AHAC inquired as to whether the eight (8) expedited permits were single-family or multifamily,
and whether multifamily units were counted individually or as a project. City staff responded that
they were counted as a project. The AHAC asked whether the current permit application has a
checkbox for affordable housing. City staff responded that the current permit application does not
have such checkbox. After discussion, the AHAC recommended adding a checkbox to the permit
City of Clearwater Local Housing Incentive Strategies | 10
Economic Development & Housing Department
application to designate the project as affordable housing, so that such developments could be
flagged early on.
The AHAC made no changes to Recommendations 1.1, 1.2, or 1.5 during the second AHAC meeting
on October 28, 2024. However, minor changes to AHAC Recommendations 1.3 and 1.4 were proposed
by the committee, which were confirmed during the third AHAC meeting on November 12, 2024.
Those changes focused on extending dates to allow more time for staff to implement the
recommendations.
The AHAC made no changes to Recommendations 1.1 and 1.5 during the third AHAC meeting on
November 12, 2024. However, minor changes to Recommendation 1.2 were proposed to facilitate
the identification of affordable housing projects via a checkbox on the permit application.
Evaluation of Existing Strategy:
The City of Clearwater Economic Development & Housing Department continues to provide a form
titled, “Request for Expedited Permit Processing for Affordable Housing Activity” that, when
completed and submitted by the developer, expedites permitting for affordable housing projects. The
form can be issued for a site-specific project or for a one-year period, depending on a developer’s
business strategy. This form does not expedite the review process for site plans, land use plan
amendments, rezoning, or annexations, as these submittals are subject to board-dependent meeting
schedules (e.g., Community Development Board, City Council).
Currently, and depending on the type of project, the Assistant Director of the Economic Development
& Housing Department and the Permit Manager and/or Planning Manager act as liaisons between the
developer and the City.
The Assistant Director of the Economic Development & Housing Department determines whether a
project qualifies as affordable housing and, if eligible, provides the developer with the “Request for
Expedited Permit Processing for Affordable Housing Activity” form and applicable checklists.
The Economic Development & Housing Department and Planning & Development Department
support customer service for potential affordable housing projects by providing information and
responding to developer inquiries by the end of business day (EOB) or within 24 hours. The Planning
& Development Department utilizes technology to enhance administrative efficiencies. All permitting
is facilitated by a one-stop “ePermit Hub” portal that supports electronic plan submittal, review, and
inspections, or through Accela. Information, forms, and checklists are available online and at the
counter for all types of projects (not necessarily affordable housing). Target dates and permit status
are posted via the ePermit Hub portal and review time has been generally reduced to 14 days.
The Housing Division updated its webpages to improve communication, and another update is in
process. The Planning & Development Department also provides information on its webpages.
The City already maintains a “Building Plan Review Committee (BPRC) & Pre-Application Meetings”
webpage that summarizes the BPRC’s role in the City’s development review processes; however, this
City of Clearwater Local Housing Incentive Strategies | 11
Economic Development & Housing Department
webpage is not specific to policies or processes that incentivize affordable housing in the City of
Clearwater. The link to this webpage is provided below:
https://www.myclearwater.com/My-Government/0-City-Departments/Planning-
Development/Construction-Services/Building-Plan-Review-Committee-BPRC-Pre-Application-
Meetings
While the City regularly encourages developers to submit template plans to expedite review, none
have submitted template plans to date.
AHAC Recommendation:
Upon review of current City practices, the AHAC continued Recommendations 1.1 and 1.5 from the
2023 LHIS report with no changes, and modified Recommendations 1.2, 1.3, and 1.4 as shown below
in strikethrough/underline:
1.2 The Assistant Director of Economic Development & Housing and Permit Manager will
continue to be the primary and secondary points of contact when submitting multi-family
affordable housing projects. Through close coordination, these two staff positions will:
. . .
• Create a process and definitive project requirement checklist for affordable
housing projects for each level of review and stage of permitting, starting with an
“affordable housing project” checkbox on application form(s) as applicable.
. . .
1.3 Continue to improve customer service toward potential project applicants by:
. . .
• Providing a list of potential mentors experienced in affordable housing by end of
first quarter 2024 2025 and updated annually thereafter
. . .
1.4 Develop by end of first quarter year 2024 and annually update thereafter a brochure and
other informational handouts to be published in a prominent location on the City’s
Affordable Housing webpage that explain the City’s development approval and permitting
process to developers, incl. but not limited to:
. . .
Implementation:
Recommendations 1.1 and 1.5 are already implemented to varying degrees by City staff.
Recommendations 1.2., 1.3, and 1.4 will require further coordination between City departments and
staff to fully implement. City staff will work with the Planning & Development Department to add an
“affordable housing checkbox” to the City’s permit application(s) as applicable (Recommendation
1.2). Although City staff currently helps developers through the application process, no formal list of
developer mentors (i.e., non-staff peers) has been compiled. By first quarter of 2025, City staff will
City of Clearwater Local Housing Incentive Strategies | 12
Economic Development & Housing Department
focus on developing a list of mentors (Recommendation 1.3). Because the affordable housing
brochure was recently completed, the AHAC modified the completion timeline to the end of year
2024, rather than the first quarter (Recommendation 1.4).
2.1.2 Modification of Fees
Strategic Incentive No. 2 (Florida Statute)
All allowable fee waivers provided for the development or construction of affordable housing.
Meeting Synopsis:
No discussion regarding the modification of fees occurred during the first AHAC meeting on
September 10, 2024.
During the second AHAC meeting on October 28, 2024, the AHAC discussed Recommendation 2.4 and
requested additional information regarding the degree to which the Economic Development &
Housing Department can assist with payment of fees using funds designated for affordable housing.
In follow-up to questions raised during the second AHAC meeting on October 28, 2024, City staff
provided information regarding impact fee incentives in the City of Clearwater. During the third AHAC
meeting on November 12, 2024, City staff stated that funding for impact fees totaled $7,521, with a
budgeted allocation of $260,000 toward impact fee assistance.
No further discussion regarding the modification of fees occurred during the third AHAC meeting on
November 12, 2024.
The AHAC made no changes to Recommendations 2.1, 2.2, 2.3, and 2.4 during the AHAC meetings.
Evaluation of Existing Strategy:
While impact fees do increase the costs of affordable housing; it is also true that affordable housing
creates the same demand for public infrastructure as other types of development. Therefore, the City
of Clearwater charges specific fees to conduct development reviews and issue permits for affordable
housing projects. The current City of Clearwater fee structure is adopted as Appendix A (Schedule of
Fees, Rates and Charges) of the Community Development Code. Development review fees are based
on the level of review, and permitting fees are based on construction valuation. City of Clearwater
impact fees are assessed per unit. Depending on market conditions, these fees could potentially deter
the development of affordable housing.
In Florida, impact fees may be waived by exception for affordable housing projects consistent with
the Florida Impact Fee Act, Section 163.31801(11), F.S., which does not require the local government
to use any revenues to offset the revenue loss. This exception or waiver is applicable to housing that
is affordable as defined by Section 420.9071, F.S. (i.e., 30% of 120%).
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Economic Development & Housing Department
In 2016, Pinellas County restructured its transportation impact fees to fund not only standard road
widening but also multi-modal improvements such as mass transit, bicycle, or pedestrian features.
Such alternative modes of transportation are beneficial to persons without reliable access to an
automobile and complement the provision of affordable housing. Consequently, the 2017 AHAC
recommended coordination with Pinellas County regarding data-based rate flexibility within the
multi-modal impact to support the provision of affordable housing.
The City of Clearwater is identified as Multi-Modal Impact Fee District #6/6A within Pinellas County.
A Multimodal Impact Fee is charged to offset the cost of improvements needed as development
occurs and population increases resulting in an increased burden on traffic infrastructure. Revenue
from the fee is shared between Pinellas County and the City of Clearwater. The fee can be reduced or
offset through a traffic study, reduction for low-income housing, and pre-existing development traffic
counts.
Fee Waiver or Exemption – Government projects (e.g., library, rec center, etc.) are exempt. This
exemption applies to both the City and County portion of impact fee revenue.
Reduction for low-income housing:
• A single-family home 1,500 square feet (SF) or less for a qualifying low-income household
(LIHH) is charged $653 compared to $1,003 for the same size home for a household not
qualifying as LIHH. The fee for non-qualifying LIHH increases as follows: $1,242 for 1,501
SF to 2,499 SF; and $1,529 for a home 2,500 SF and larger. Square footage is determined
by heated area.
• Multi-family projects for qualifying LIHH are charged $557/unit while projects not
qualifying as LIHH are charged $972/unit.
Fees are cited in Pinellas County’s Land Development Code, Chapter 150, Article II. Alternatively,
applicants can submit independent analysis to support further reduction of impact fees based on trip
generation or economic studies.
In 2021, the AHAC recommended that the new Parks & Recreation impact fee structure either reduce
or waive impact fees for affordable housing. These fees were adopted by City Council on July 20, 2023,
and were revised to include a waiver for affordable housing. The Planning & Development
Department also recently completed changes to its fee structure to reduce plan review and permit
fees by 75% for affordable housing. Moreover, the Economic Development & Housing Department
has a policy for City-funded affordable housing projects whereby, if the developer does not realize a
12% profit on total development costs, the City will write-down the loan to provide for a 12% profit.
AHAC Recommendation:
Upon review of current City practices, the AHAC continued Recommendations 2.1, 2.2, 2.3, and 2.4
from the 2023 LHIS report with no changes.
Implementation:
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Economic Development & Housing Department
Recommendation 2.1 is already implemented by Pinellas County but requires ongoing coordination
between jurisdictions to certify affordable housing projects. This coordination will be implemented
by the Engineering Department and will be monitored by City staff of the Economic Development &
Housing Department and Planning & Development Department. In response to Recommendations
2.2, 2.3, and 2.4, City staff will continue to monitor how its internal departments and other local
governments are addressing plan review and permit fees and impact fees to ensure Clearwater’s
incentives are competitive throughout the region.
2.1.3 Flexible Densities
Strategic Incentive No. 3 (Florida Statute)
The allowance of flexibility in densities for affordable housing.
Meeting Synopsis:
Flexible densities were discussed during the first AHAC meeting on September 10, 2024. The AHAC
discussed looking at density in the City of Clearwater as an incentive and working within the City’s
zoning code, the Community Development Code, to incentivize reasonable higher density so that more
units can be put on the market. The AHAC also discussed the North Greenwood neighborhood and
how a more current zoning strategy for certain neighborhoods is needed to match residents’ needs
with housing opportunities. For example, developing vertically and allowing multi-unit buildings on
current lots. The AHAC discussed coordination with the Planning & Development Department
regarding a zoning strategy.
During the second AHAC meeting on October 28, 2024, while discussing Recommendations 3.1, 3.2,
and 3.3, the AHAC inquired about implementation related to the Live Local Act, which was to include
a Frequently Asked Questions (FAQ) resource on the City’s website. City staff confirmed that the Live
Local Act FAQ resource is available and posted on the City’s website at the following location:
https://www.myclearwater.com/Business-Development/Information-for-Developers-of-Affordable-
Housing/Live-Local-Act
During the third AHAC meeting on November 12, 2024, the Consultant confirmed the committee’s
support for better zoning strategies, including incentivizing reasonable higher density and vertical
development to allow multi-unit buildings on current lots. The Consultant and City staff also
confirmed that the Live Local Act Frequently Asked Questions (FAQ) resource was available and
posted on the City’s website.
The AHAC made no changes to Recommendations 3.1, 3.2, or 3.3 during the AHAC meetings.
City of Clearwater Local Housing Incentive Strategies | 15
Economic Development & Housing Department
Evaluation of Existing Strategy:
The City of Clearwater supports flexibility in densities for affordable housing through its
Comprehensive Plan policies and through its Community Development Code.
The City’s current Clearwater 2045 Comprehensive Plan was adopted in January 2024. Current
Comprehensive Plan policies in support of flexible densities are adopted in the Quality Places Chapter
as follows:
Policy QP 6.1.5 – Continue to provide density bonuses for affordable housing developments
consistent with the CDC [Community Development Code]. Such bonuses shall not be provided to
properties within in the CSA [Coastal Storm Area] unless preempted by state legislation. (Quality
Places Chapter)
Policy QP 6.1.8 – Develop standards to implement state legislation allowing affordable housing to
be built on any parcel of land zoned for commercial or industrial use. (Quality Places Chapter)
Consistent with the Comprehensive Plan and previous AHAC recommendations, the Community
Development Code contains affordable housing incentives under Section 3-920 that include a density
bonus. Within Section 3-920, there is a requirement for a pre-application conference to determine a
project’s eligibility for the density bonus. Subsection “A. Affordable Housing Density Dwelling Units”
contains specific criteria and simplified formulas for calculating the additional density available to
affordable housing projects. The Community Development Code outlines the procedures for review
and approval, percentages of affordable units, standards such as compatibility and green design, and
required covenants to maintain affordability. In the past the Planning & Development Department
added language to the City’s affordable housing incentives to provide more clarity regarding the
density bonus provision. Density allowances are typically confirmed with City staff during pre-
application Building Plan Review Committee (BPRC) meetings.
In addition to the Density Bonus, the Community Development Code establishes flexibility criteria for
specific uses requiring additional development review. Such uses fall into two categories: Flexible
Standard Development and Flexible Development.
Flexible Standard Development – Typically requires Level One approval, which involves review by
City staff only, including the Development Review Coordinator and Development Review
Committee.
Flexible Development – Typically requires Level Two approval, which involves review by the
Community Development Board. Some applications may warrant additional review, in which case
Level Three approval is required. Level Three approval involves greater complexity and requires
action by the City Council.
In some cases, affordable housing projects also fall under the flexible development criteria for the
specific zoning district in which the project is located, which typically require Level Two approval. For
example, Section 2-704 defines infill flexibility criteria for the Commercial zoning district, which
City of Clearwater Local Housing Incentive Strategies | 16
Economic Development & Housing Department
includes Flexibility Criteria F.5.d, “…the proposed use provides for the provision of affordable
housing.”
Additionally, the City of Clearwater maintains a “Public Amenities Incentive Pool” (Section C-301) and
application process whereby applicants can request additional density in return for projects located
in Character Districts designated by the Downtown Redevelopment Plan that also provide for eligible
public amenities identified within that plan. On April 20, 2023, Ordinance Number 9664-23 was passed
to update Section C-301 to include language regarding the tiered Public Amenities Incentive Pool
which encourages even greater density for multi-family rentals. On December 19, 2023, Ordinance
Number 9729-23, amended Section C-301 to clarify that the residential density bonus could not be
stacked.
AHAC Recommendation:
Upon review of current City practices, the AHAC continued Recommendations 3.1., 3.2, and 3.3 from
the 2023 LHIS report with no changes.
Implementation:
Recommendations 3.1, 3.2, and 3.3 are already implemented by the Comprehensive Plan or
Community Development Code and will be continued. The Clearwater 2045 Comprehensive Plan
update process was completed, and the LHIS report has been revised to cite new policies as recently
adopted. The City is beginning to tackle policy changes related to the Live Local Act. In the meantime,
a Live Local Act FAQ resource was prepared by City staff and is now posted to the City’s website.
2.1.4 Infrastructure Capacity
Strategic Incentive No. 4 (Florida Statute)
The reservation of infrastructure capacity for housing for very-low-income persons, low-income persons,
and moderate-income persons.
Meeting Synopsis:
The City’s infrastructure capacity was not identified as an affordable housing barrier. The City of
Clearwater is nearly built-out and has sufficient infrastructure capacity for infill development.
Therefore, there is no need to reserve infrastructure capacity.
The AHAC continued the previous recommendation of “no recommendation” from the 2023 LHIS
report with no changes.
Evaluation of Existing Strategy:
The City of Clearwater does not require reservation of infrastructure capacity specific to housing for
very-low-income, low-income, and moderate-income persons. The City is nearly built-out and has
excess capacity for its public facilities. Consistent with the City’s current Clearwater 2045
City of Clearwater Local Housing Incentive Strategies | 17
Economic Development & Housing Department
Comprehensive Plan, the Planning & Development Department closely monitors all concurrency
requirements so that adequate infrastructure is in place prior to development:
Policy PI 10.2.1 – Determine, prior to the issuance of development orders, whether sufficient
capacity of essential public facilities to meet the minimum standards for levels of service for the
existing population and a proposed development will be available concurrent with the impacts of
the proposed development. (Plan Implementation Chapter)
Since concurrency is no longer required by the State, the City does not require certificates of
concurrency.
AHAC Recommendations:
Upon review of current City practices, the AHAC made no change to the recommendation of “no
recommendation” as previously approved regarding infrastructure capacity.
Implementation:
Not applicable (no recommendation)
2.1.5 Accessory Dwelling Units
Strategic Incentive No. 5 (Florida Statute)
Affordable accessory residential units.
Meeting Synopsis:
During the first AHAC meeting on September 10, 2024, the AHAC discussed incentives for construction
or rehabilitation of accessory dwelling units, such as rebates up to a certain dollar amount to assist
the supply of affordable housing, with a lease agreement that meets HUD’s affordability
requirements.
The AHAC also discussed investor-driven residential real estate as a barrier to affordable housing. It
was noted that large investors take affordable housing off the market, drive-up costs, and compete
with residents and affordable housing developers to buy properties. For example, build-to-rent
properties (e.g., single-family) are driving up rental costs, and short-term rentals are reducing the
long-term rental supply. Due to Pinellas County’s limited land and housing inventory, these investors
take up a larger share of the residential market when compared to other counties in the region.
Relatedly, the AHAC also discussed how cost burden is also impacting senior citizens that rely on social
security and fixed incomes. For example, when they receive these limited funds, they will often use
those funds to stay in hotels temporarily (often sharing a room) and then end up back on the street.
Although senior citizens have some income, due to their age and age-related disabilities, they are
perceived as unemployable and there are no alternative affordable housing options available to them.
City of Clearwater Local Housing Incentive Strategies | 18
Economic Development & Housing Department
During the second AHAC meeting on October 28, 2024, regarding Recommendation 5.2, the
Consultant presented information about the recent City of Clearwater Ordinance 9758-24, which
implemented the City’s Comprehensive Plan Policy QP 6.1.7 and Policy QP 6.1.10 by providing
corresponding standards in the Community Development Code for accessory dwelling units (ADUs).
Also, regarding Recommendation 5.2, the AHAC discussed ADU occupancy/tenure requirements, and
confirmed that long-term rental of ADUs is still allowed since short-term rental of ADUs is not allowed
by policy. It was noted that Recommendation 5.3, regarding flexibility for alternative unit types, is in
progress and has not yet been implemented.
During the third AHAC meeting on November 12, 2024, the AHAC confirmed that accessory dwelling
units (ADUs) are an important incentive strategy for the City, especially considering the lack of
available land in Clearwater. However, there is a need for education regarding ADUs, and that
education aspect cannot be overstated. The committee noted that young first-time homebuyers,
fixed-income elderly, and persons with disabilities are the most challenged to find housing in the City.
ADUs can be a tool to fill those housing gaps, but education is critical. The committee noted that
components of ADUs can be restrictive (e.g., homestead exemptions, etc.), and that coordination with
the Pinellas County Property Appraiser is also critical. Another barrier to ADUs may be limitations on
who can develop an ADU (i.e., who can apply for an ADU building permit). The City’s code requires
that the property upon which the ADU is constructed be “owner-occupied”.
The AHAC inquired about Down Payment Assistance (DPA). City staff discussed burdensome
monitoring requirements surrounding ADUs developed with state or federal funding, in terms of
ensuring long-term affordability. The AHAC also discussed using CRA funding to support ADUs, and
City staff discussed Down Payment Assistance (DPA) and affordable housing in general as a key
component of CRAs. The AHAC inquired about what monitoring entails, and the definition of
affordable housing in that context (i.e., 120% AMI for SHIP). The AHAC also discussed rehabilitation
loans regarding ADUs.
The AHAC suggested perhaps utilizing some of the funds for impact fee reduction to also reduce the
cost of ADU development. The AHAC also discussed programmatic concerns, density, and the context
of small projects due to limited land availability in Clearwater. After discussion, the AHAC
recommended adding educational and financial incentives (e.g., rebates, fee reductions, etc.) for
ADUs to reduce barriers to development of such units.
The AHAC made no changes to Recommendations 5.1, 5.2, and 5.3 during the AHAC meetings.
However, a new recommendation (Recommendation 5.4) was proposed on November 12, 2024, to
add educational and financial incentives for ADUs.
Evaluation of Existing Strategy:
The City allows for the provision of accessory dwelling units in nonresidential zoning districts,
including the City’s Commercial (“C”), Tourist (“T”), Downtown (“D”), Office (“O”), Institutional (“I”),
and Industrial Research and Technology (“IRT”) districts, as described in the Community Development
Code. On June 6, 2024, the City adopted Ordinance Number 9758-24, which now allows accessory
City of Clearwater Local Housing Incentive Strategies | 19
Economic Development & Housing Department
dwelling units in certain residential zoning districts including Low Density Residential (“LDR”), Low
Medium Density Residential (“LMDR”), and Medium Density Residential (“MDR”).
Regarding the allowance of accessory residential units in residential zoning districts, the Quality Places
Chapter of the City’s current Clearwater 2045 Comprehensive Plan provides policies regarding
accessory dwelling units and “missing middle” housing types:
Policy QP 6.1.6 – Establish missing middle and senior housing density bonuses and standards in
the CDC [Community Development Code] consistent with provisions of the Countywide Rules.
(Quality Places Chapter)
Policy QP 6.1.7 – Support amendments to the CDC [Community Development Code] to enable
greater housing diversity and affordability, such as accessory dwelling units and other missing
middle housing types. (Quality Places Chapter)
Policy QP 6.1.10 – Allow accessory dwelling units in all residential zoning districts and exempt them
from density provisions to provide additional and diverse housing options integrated into existing
neighborhoods. Such accessory dwelling units shall not be used for short-term rental purposes.
(Quality Places Chapter)
Although adopted by policy, these actions have not been fully implemented as standards in the
Community Development Code. Although, the City recently amended the Community Development
Code (Ordinance Number 9758-24) to establish standards for accessory dwelling units in certain
zoning districts, the City has not yet established regulations for missing middle housing types or a
senior housing density bonus. The City is currently working on specific Community Development Code
amendments for the North Greenwood Neighborhood to address Policy QP 6.1.6. The
implementation of these policies will continue to be reviewed through 2025, which will afford City
staff the opportunity to consider other alterative housing type standards, including co-housing, based
on regional examples and best practices.
AHAC Recommendation:
Upon review of current City practices, the AHAC continued Recommendations 5.1, 5.2, and 5.3 from
the 2023 LHIS report with no changes, and added new Recommendation 5.4 as shown below in
strikethrough/underline:
5.4 Consider educational and financial incentives that reduce barriers to the rehabilitation
and construction of accessory dwelling units, such as information about the permitting
process specific to accessory dwelling units, rebates, or other fee reductions.
Implementation:
The LHIS report is revised to cite new Clearwater 2045 Comprehensive Plan policies as recently
adopted. Recommendation 5.1 and 5.2 are implemented through the Community Development Code
and those recommendations will be continued. Recommendation 5.3, regarding flexibility for
City of Clearwater Local Housing Incentive Strategies | 20
Economic Development & Housing Department
alternative unit types, is not yet implemented and requires amendment to the Community
Development Code. New Recommendation 5.4 will require implementation by City staff and/or City
Council depending on the type of educational and financial incentives devised.
2.1.6 Parking Reductions
Strategic Incentive No. 6 (Florida Statute)
The reduction of parking and setback requirements for affordable housing.
Meeting Synopsis:
No discussion regarding parking or setback reductions occurred during the first AHAC meeting on
September 10, 2024, the second AHAC meeting on October 28, 2024, or the third AHAC meeting on
November 12, 2024.
The AHAC made no changes to Recommendations 6.1 and 6.2 during the AHAC meetings.
Evaluation of Existing Strategy:
The Quality Places Chapter of the City’s current Clearwater 2045 Comprehensive Plan supports the
reduction of parking and setback requirements for development flexibility through the following
policy:
Policy QP 2.2.1 – Review the US 19 Zoning District and Development Standards to ensure provisions
encourage transit-supportive and walkable forms of development while allowing sufficient levels
of flexibility to address unique development opportunities and constraints. (Quality Places
Chapter)
However, this policy is directed to the US 19 Zoning District and Development Standards. In general,
the City’s Community Development Code establishes parking flexibility criteria for specific uses
requiring additional development review. For example, attached dwellings, residential infill projects,
comprehensive infill redevelopment projects, or other uses that could provide affordable housing,
may qualify as Level Two uses and allow for flexible development standards, including reduced
parking and setbacks.
More specifically, the Community Development Code allows for the reduction of parking requirements
for affordable housing if the project is located near a transit stop:
Article 3, Division 9, Section 3-920.B. Affordable housing parking reductions – Any reduction in
required off-street parking shall only apply to those dwelling units which are certified by the City’s
Economic Development and Housing Department as affordable housing. All other dwelling units
not certified as affordable housing shall meet the minimum off-street parking requirements set
City of Clearwater Local Housing Incentive Strategies | 21
Economic Development & Housing Department
out for the use in the applicable zoning district. Certified affordable housing projects may be
eligible for a reduction in the required off-street parking consistent with the following:
a. The parking requirement may be reduced to between one and one-half (1.5) and one
(1) space per unit for projects located within 1,000 feet of a transit stop if the
affordable housing units are designated for senior citizens or disabled persons.
b. For all other affordable housing projects, the parking requirement may be reduced to
between one and one half (1.5) and one and one quarter (1.25) space per unit for
projects located within 1,500 feet of a transit stop with 30-minute or more frequent
service during peak hours and 60-minute or more frequent service during off-peak
hours.
c. The distance a site is from a transit stop shall be measured from the nearest point of
exit from the parcel based upon the shortest route of ordinary pedestrian travel.
Additional flexibility for affordable housing may be provided through the Live Local Act.
AHAC Recommendation:
Upon review of current City practices, the AHAC continued Recommendations 6.1 and 6.2 from the
2023 LHIS report with no changes.
Implementation:
The LHIS report is revised to cite new Clearwater 2045 Comprehensive Plan policies as recently
adopted. Recommendations 6.1 and 6.2 are already implemented by the Comprehensive Plan or
Community Development Code and will be continued. City staff will continue to evaluate the
effectiveness of existing policies in the Comprehensive Plan and standards in the Community
Development Code related to reduced requirements for affordable housing.
2.1.7 Flexible Lot Configurations
Strategic Incentive No. 7 (Florida Statute)
The allowance of flexible lot configurations, including zero-lot-line configurations for affordable
housing.
Meeting Synopsis:
No discussion regarding flexible lot configurations occurred during the first AHAC meeting on
September 10, 2024, the second AHAC meeting on October 28, 2024, or the third AHAC meeting on
November 12, 2024.
The AHAC made no change to Recommendation 7.1 during the AHAC meetings.
City of Clearwater Local Housing Incentive Strategies | 22
Economic Development & Housing Department
Evaluation of Existing Strategy:
A legal lot of record, by definition, has fixed boundaries by a plat recorded in the Official
Records of Pinellas County. It is therefore assumed that this incentive is intended to address
flexible site plan configurations, rather than single flexible lot configurations. The City
currently allows for site plan flexibility through the development review process, as supported
by the City’s Community Development Code and Article 2. Zoning Districts therein, which
establishes flexibility criteria for specific uses. Such criteria may allow for more flexible site
plan configurations but may also require an improved site plan to document how the
flexibility will result in better design and/or appearance.
The allowance of flexible site plan configurations, including zero-lot line configurations for
affordable housing, must be sensitive to the character and context of existing neighborhoods.
To this end, the City’s incentives for affordable housing include compatibility criteria in
conjunction with the density bonus as follows:
Article 3, Division 9, Section 3-920.A.3.c.i. Compatibility Criteria –
. . .
b. Proportionality and scale of the proposed development shall be consistent with
the community character of the immediate vicinity of the parcel proposed for
development.
c. The overall aesthetics of the proposed development shall be compatible with or
an improvement to the community character as determined by the community
development coordinator.
d. The scale and coverage of the proposed development shall be compatible with
adjacent properties. If the overall bulk is larger than the surrounding buildings,
the bulk may be reduced with the help of design elements such as step backs and
setbacks…
AHAC Recommendation:
Upon review of current City practices, the AHAC continued Recommendation 7.1 from the 2023 LHIS
report with no changes.
Implementation:
Recommendation 7.1 is already implemented by the Community Development Code and will be
continued.
City of Clearwater Local Housing Incentive Strategies | 23
Economic Development & Housing Department
2.1.8 Modification of Street Requirements
Strategic Incentive No. 8 (Florida Statute)
The modification of street requirements for affordable housing.
Meeting Synopsis:
Street requirements were not identified as an affordable housing barrier during meetings with the
AHAC and City staff. Therefore, modification of the City’s existing street requirements was not
recommended.
Evaluation of Existing Strategy:
The City’s general standards for streets are defined in Article 3, Division 19, Section 3-1904 of the
Community Development Code:
Article 3, Division 19, Section 3-1904. Streets – Generally –
A. The functional classification, arrangement, character, extent, width and location of all
streets shall conform to the thoroughfare element of the comprehensive plan and shall be
considered in their relation to existing and planned streets, topographical and
environmental conditions, public convenience and safety, and their appropriate
relationship to the proposed use of the land to be served by such streets.
Section 3-1904 also specifies minimum right-of-way and lane designations for each classification of
roadway, including neighborhood roads. A minimum pavement width of 24 feet plus curb is required
for all neighborhood roads, 26 feet plus curb for all local roads, and 38 feet for all collector roads.
These requirements are in place to maintain public health and safety.
Moreover, the City’s Community Development Code requires that all streets be improved by a
developer with paving, curbs or gutters, and sidewalks or on-street parking where necessary. These
standards apply to all development, including affordable housing projects. Since the City of Clearwater
is nearly built out, the City’s infrastructure system is already in place, and it is not likely that affordable
housing projects will need to provide local or collector roads. At most, such projects may require the
provision of neighborhood roads internal to the site.
AHAC Recommendation:
Upon review of current City practices, the AHAC made no change to the recommendation of “no
recommendation” as previously approved regarding modification of street requirements.
Implementation:
Not applicable (no recommendation)
City of Clearwater Local Housing Incentive Strategies | 24
Economic Development & Housing Department
2.1.9 Pre-Adoption Policy Consideration
Strategic Incentive No.9 (Florida Statute)
The establishment of a process by which a local government considers, before adoption, policies,
procedures, ordinances, regulations, or plan provisions that increase the cost of housing.
Meeting Synopsis:
No specific issues with the City’s current pre-adoption policy consideration process were identified
during meetings with the AHAC and City staff. The current process is working.
However, during the first AHAC meeting on September 10, 2024, the committee did discuss recent
State legislation that may affect housing affordability in the City. For example, the milestone
assessments in response to the Surfside condominium collapse may triple or quadruple the housing
costs for older residents who have lived in their condominium a long time. These residents may not
be able to continue to afford to live in their condominiums due to such repair assessments. For older
buildings, the assessments for repair costs will make them unaffordable to many. This may also
negatively affect the inventory of affordable housing, as the condominiums must sell at higher prices
to offset the assessment costs. The ability to mortgage those units may be affected by the reserve
requirements/regulatory standards that lenders will be considering. Incentivizing new condominium
development in the City of Clearwater was discussed to offset the issue of condominium assessments
affecting older buildings and their residents.
The AHAC made no changes to Recommendations 9.1 and 9.2 during the AHAC meetings.
Evaluation of Existing Strategy:
The Economic Development & Housing Department typically reviews City policies, procedures, and
regulations that may affect the cost of housing as part of its annual reporting for the State Housing
Initiatives Partnership (SHIP) program and the Federal Community Development Block Grant and
HOME Investment Partnership (HOME) programs.
Moreover, the Economic Development & Housing Department typically receives new City
Comprehensive Plan and Community Development Code provisions and ordinances for comment and
participates in the City’s review process prior to adoption. This review process is maintained as a
regular agenda item during Senior Executive Team bi-monthly meetings. The department also
participates in community engagement sessions when discussing potential updates to the Community
Development Code.
AHAC Recommendation:
Upon review of current City practices, the AHAC continued Recommendations 9.1 and 9.2 from the
2023 LHIS report with no changes.
City of Clearwater Local Housing Incentive Strategies | 25
Economic Development & Housing Department
Implementation:
Recommendations 9.1 and 9.2 are already implemented through either state and federal reporting
requirements or regular City staff meetings, which will be continued.
2.1.10 Inventory of Public Lands
Strategic Incentive No. 10 (Florida Statute)
The preparation of a printed inventory of locally owned public lands suitable for affordable housing.
Meeting Synopsis:
No discussion regarding the inventory of public lands occurred during the first AHAC meeting on
September 10, 2024.
During the second AHAC meeting on October 28, 2024, while discussing Recommendation 10.1, the
AHAC asked how much public land is available. The Consultant responded that there are currently 31
properties on the list. City staff stated there are likely 30 properties currently (i.e., one less than the
31 counted when the list was prepared). Implementation of Recommendations 10.1, 10.2, 10.4, and
10.5 is ongoing to meet requirements under Florida Statutes.
The AHAC discussed Recommendation 10.4, regarding repeat code violations. City staff provided
information about the process, coordination with code enforcement and the list of violations, and
outreach to homeowners (e.g., postcard). City staff stated that no specific projects have resulted from
that outreach. The AHAC discussed whether to continue Recommendation 10.4, given that no projects
have resulted. The AHAC inquired about whether there is a list of properties that have been
condemned and actions taken, and how long they stay on the list. City staff explained that the City
can assess fees and eventually foreclose on the properties. City staff also explained that the degree
of violations varies, as well as occupancy. The AHAC discussed how the current incentive
(Recommendation 10.4) makes sense, but perhaps education about the incentive is lacking. City staff
stated that the outreach included direct contact information and links to the City’s updated website
for more specific information. The AHAC inquired about whether there is a specific agreement with
code enforcement for information sharing with the Economic Development & Housing Department.
City staff will research the question and respond.
The AHAC discussed Recommendation 10.5 and the policy/procedure for distribution of city owned
lots. The AHAC inquired about the scoring matrix for lot disposition. City staff stated that there are
approximately 20 criteria considered, and that the developer fills out an application for lot disposition.
Lots from the City’s inventory of public lands, titled “Affordable Housing Inventory List” may be
requested by a developer through a competitive process. Currently, the lots on the list are multi-
family or mixed-use sites, mostly in North Greenwood. Lots on the list are approved or affordable
City of Clearwater Local Housing Incentive Strategies | 26
Economic Development & Housing Department
housing and can be purchased or donated. If donated, they must be developed for affordable housing.
Lots on the list were acquired by the City over time for various reasons.
During the third AHAC meeting on November 12, 2024, the AHAC again discussed prior
Recommendation 10.4, regarding repeat code violations. City staff confirmed that there is not a
specific agreement with Code Enforcement for information sharing. However, the Economic
Development & Housing Department did coordinate with Code Enforcement to obtain a list of all
properties with fines and then sent letters to those homeowners offering assistance through the City’s
rehabilitation program.
The AHAC inquired about properties with substantial fines and whether that would preclude such
homeowners from obtaining a rehabilitation loan. City staff explained that liens or judgements would
disqualify them. The AHAC inquired as to whether the City has a Code Enforcement Board. City staff
responded that the Code Enforcement Board meets monthly to review properties with active code
violations. The homeowner receives a quarterly statement about such code violations, and any
resulting liens for repeated noncompliance are recorded with the City. City staff clarified that if a
homeowner is actively working to resolve the code violation, it is unlikely that case would go to the
Code Enforcement Board. In such cases, a rehabilitation loan could help the homeowner avoid further
code enforcement action. The AHAC again emphasized the education aspect of such a
recommendation. The AHAC also noted that there is a dashboard on the City’s website to track code
enforcement issues throughout the City. Moreover, the AHAC emphasized the success of ongoing
partnerships between City departments and developers to redevelop blighted properties. After
discussion, the AHAC decided not to modify Recommendation 10.4, but to continue the
recommendation as written.
Regarding the City’s inventory of public lands, the AHAC inquired about how those properties were
acquired by the City. City staff responded that the properties were acquired in a variety of ways, such
as tax liens or intentional purchases for affordable housing. The barriers to those properties selling
are lack of interest, possibly due to their location, configuration, or zoning.
The AHAC made no changes to Recommendations 10.1, 10.2, 10.3, 10.4, and 10.5 during the AHAC
meetings.
Evaluation of Existing Strategy:
The City of Clearwater is nearly built out. Most of the vacant parcels remaining are less than one acre
in size. Due to the lack of land to develop affordable housing, the City offers flexibility through the
Community Development Code to help developers utilize existing sites for infill and redevelopment
projects. To facilitate affordable housing projects, the City keeps an inventory of publicly owned land
suitable for affordable housing titled, “Affordable Housing Inventory List,” which is published on the
City’s website:
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Economic Development & Housing Department
https://www.myclearwater.com/files/sharedassets/public/v/1/economic-
development/documents/action-plan/2023-affordable-housing-inventory-list-2023-08-14.pdf
The Affordable Housing Inventory List is maintained by current Clearwater 2045 Comprehensive Plan
policies:
Policy QP 6.1.11 – Continue to identify surplus city-owned lands with potential to support
affordable housing development and publish a list of properties on the city's website. (Quality
Places Chapter)
Policy QP 6.1.12 – Identify other publicly or semi-publicly owned lands suitable for workforce and
affordable housing and partner with property owners for potential development. (Quality Places
Chapter)
The Affordable Housing Inventory List is State mandated by Section 166.0451, F.S. and is triennially
updated. Updates occurred in 2009 by City Resolution #09-41 (November 5, 2009), in 2013 by City
Resolution #13-10 (June 6, 2013), in 2016 by City Resolution #16-14 (June 16, 2016), in 2019 by City
Resolution #19-10 (June 20, 2019), and in 2022 by City Resolution #22-13 (June 16, 2022). As of
September 7, 2023, City Resolution #23-13, there were 31 parcels suitable for the development of
affordable housing:
1. 314 S. Madison Ave.
2. 828 Nathans Ln.
3. 830 Nathans Ln.
4. 832 Nathans Ln.
5. 834 Nathans Ln.
6. 835 Nathans Ln.
7. 836 Nathans Ln.
8. 837 Nathans Ln.
9. 838 Nathans Ln.
10. 839 Nathans Ln.
11. 840 Nathans Ln.
12. 1351 Cleveland St.
13. 1359 Cleveland St.
14. 14 S. Evergreen Ave.
15. 1356 Park St.
16. 900 Palmetto St.
17. 406 Vine Ave.
18. 1321 N. MLK Jr. Ave.
19. 1317 N. MLK Jr. Ave.
20. 1106 Tangerine St.
21. 1313 N. MLK Jr. Ave.
22. 1011 Engman St.
23. 1017 Engman St.
24. 1050 N. MLK Jr. Ave.
25. 1010 N. MLK Jr. Ave.
26. 0 Pennsylvania Ave.
27. 1002 Grant St.
28. 1004 Grant St.
29. 1006 Grant St.
30. 1007 Marshall St.
31. 1423 Taft Ave.
Under the Live Local Act, Chapter 2023-17, Laws of Florida, as amended in 2024, by October 1, 2023,
and every three years thereafter, the City must create an inventory of all lands it owns that are
“appropriate for use as affordable housing” and publish that inventory on the City’s website.
Accordingly, the City updated the Affordable Housing Inventory List by City Resolution #23-13
City of Clearwater Local Housing Incentive Strategies | 28
Economic Development & Housing Department
(September 7, 2023) to publish before the October 1, 2023, deadline. Starting in 2023, the inventory
will also include lots that are not zoned residential but may be appropriate for affordable housing
consistent with the Live Local Act.
Since 2017, the Planning & Development Department has implemented a foreclosure program
targeting properties with substantial code violations. As a result, several properties have been
donated for affordable housing development (see Recommendation 10.4).
The City’s Economic Development & Housing Department improved its procedure to make publicly
owned land available to prospective developers and non-profit agencies to construct affordable
housing. Previously lot disposition occurred on a first-come, first-served basis. In 2021, the City
drafted a lot disposition policy to establish how the City notifies capable developers of available lots
and distributes those lots through a public vetting process. The lot disposition policy establishes a
clear and transparent process for donating appropriate City-owned lots to developers for the creation
of affordable housing. The new lot disposition policy utilizes a small committee to choose lots to be
made available, seek proposals from developers for the lots, then review/score the proposals to see
who has the best ideas for the donated land. Nonprofit developers are included as well as minority
and small developers. The City will advertise opportunities on the Economic Development & Housing
Department website and reach out directly to those known to be interested. In 2021, the AHAC added
Recommendation 10.5 regarding the lot disposition policy.
The City has sold land for affordable housing. Most recently, two properties were donated for
affordable housing projects, one for single-family home construction (1 unit) and one for multi-family
affordable/workforce housing units (24 units). The latter project is set to close before the end of 2024.
AHAC Recommendation:
Upon review of current City practices, the AHAC continued Recommendations 10.1, 10.2, 10.3, 10.4,
and 10.5 from the 2023 LHIS report with no changes.
Implementation:
Recommendations 10.1, 10.2, 10.3, and 10.5 will continue to be implemented by City staff of the
Economic Development & Housing Department. Recommendation 10.4 will continue to be
implemented by City staff of the Planning & Development Department through ongoing coordination
with the Economic Development & Housing Department.
2.1.11 Proximity to Transportation, Employment & Mixed-Use Development
Strategic Incentive No. 11 (Florida Statute)
The support of development near transportation hubs and major employment centers and mixed-use
developments.
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Economic Development & Housing Department
Meeting Synopsis:
No specific issues with the City’s current policies regarding proximity to transportation, employment,
and mixed-use development were identified during meetings with the AHAC and City staff. The City’s
current policies remain acceptable to the committee.
The AHAC made no changes to Recommendation 11.1 during the AHAC meetings.
Evaluation of Existing Strategy:
Generally, the City promotes areas suitable for affordable housing through the Quality Places Chapter
of the current Clearwater 2045 Comprehensive Plan. The Quality Places Chapter contains a number of
policies related to activity centers and transit hubs. Such policies include:
Policy QP 1.2.6 – Consider future land use and zoning amendments that promote affordable and
mixed-income housing and mixed-use development along South Fort Harrison Avenue from A
Street to E Street to support the emerging character of Morton Plant Hospital. (Quality Places
Chapter)
Policy QP 1.2.7 – Encourage lot consolidation, streetscape improvements, and the creation of
affordable housing and mixed-use development along Missouri Avenue from Drew Street to
Belleair Road. (Quality Places Chapter)
Policy QP 2.1.3 – Advocate for mixed-use development that includes a combination of compatible
land uses having functional interrelationships and design and build human-scale active, attractive
designs that encourage walking, cycling, and the use of transit. (Quality Places Chapter)
Policy QP 2.2.1 – Review the US 19 Zoning District and Development Standards to ensure provisions
encourage transit-supportive and walkable forms of development while allowing sufficient levels
of flexibility to address unique development opportunities and constraints. (Quality Places
Chapter)
Policy QP 5.2.5 – Direct amendments of higher density and intensity future land use categories to
Multimodal Corridors or Future Transit Corridors as delineated by the Land Use Strategy Map in
the Countywide Rules. (Quality Places Chapter)
Policy QP 6.1.13 - Support the creation of affordable housing and mixed-use development along
Investment Corridors found in the most recently approved Advantage Pinellas, Long Range
Transportation Plan. (Quality Places Chapter)
Policy M 2.1.6 – Improve access, safety, and walkability through the provision of improved
pedestrian and bicycle connections and enhanced transit accommodations. (Mobility Chapter)
Policy M 2.3.6 – Ensure development plans provide safe and accessible connections to transit
stops. (Mobility Chapter)
City of Clearwater Local Housing Incentive Strategies | 30
Economic Development & Housing Department
Policy M 2.3.8 - Promote more intense, walkable, and transit-supportive forms of development
along corridors identified as Multimodal Corridors and Future Transit Corridors on the Countywide
Plan Map. (Mobility Chapter)
Additionally, the City’s Community Development Code allows flexibility in parking for affordable
housing projects if located near a transit stop (see Community Development Code Article 3, Division
9, Section 3-920.B. for the City’s “affordable housing parking reductions” based on proximity to a
transit stop).
AHAC Recommendation:
Upon review of current City practices, the AHAC continued Recommendation 11.1 from the 2023 LHIS
report with no changes.
Implementation:
The LHIS report is revised to cite new Clearwater 2045 Comprehensive Plan policies as recently
adopted. Recommendation 11.1 is implemented under the Clearwater 2045 Comprehensive Plan and
the City’s existing Community Development Code.
2.2 Additional Incentives
The following provides synopses of the City’s current practices regarding affordable housing and the
AHAC’s recommended incentives for the provision of affordable housing not cited in Section 420.9076,
F.S. These recommendations were previously approved in 2023 but have been evaluated and where
necessary revised in 2024 to address current affordable housing barriers.
2.2.1 Adaptive Reuse
Meeting Synopsis:
No specific issues with the City’s current policies related to adaptive reuse were identified during
meetings with the AHAC and City staff. The City’s current policies remain acceptable to the committee.
The AHAC made no changes to Recommendation 12.1 during the AHAC meetings.
Evaluation of Existing Strategy:
The City continues to allow for adaptive reuse if allowed within the zoning district where the
affordable housing project is located.
Of note, under the recent Live Local Act, Chapter 2023-17, Laws of Florida, as amended in 2024, cities
may approve affordable housing projects, including mixed-use projects, on land zoned for commercial
or industrial if at least 10% of units are affordable. Moreover, cities must allow multi-family and
mixed-use in any area zoned commercial, industrial, or mixed-use if 40% of units are affordable for a
least 30 years.
City of Clearwater Local Housing Incentive Strategies | 31
Economic Development & Housing Department
AHAC Recommendation:
Upon review of current City practices, the AHAC continued Recommendation 12.1 from the 2023 LHIS
report with no changes.
Implementation:
Recommendation 12.1 is already implemented by the Community Development Code and will be
continued with emphasis on intentional and proactive promotion of adaptive reuse.
2.2.2 Land Development Code
Meeting Synopsis:
No specific issues with the City’s Community Development Code were identified during meetings with
the AHAC and City staff.
The AHAC made no changes to Recommendation 13.1 during the AHAC meetings.
Evaluation of Existing Strategy:
Design standards for affordable housing projects are generally addressed by Community Development
Code Article 3, Division 9, Section 3-920.A.3.c.i-iii. [Compatibility Criteria, Design Criteria, Green
Building Criteria]; however, the “other” criteria referenced in the 2017 AHAC Recommendation 13.1
are not addressed by Section 3-920.A.3.c.i-iii.
The 2014 AHAC identified the Community Development Code’s treatment of nonconforming
development as a barrier, citing the cost of bringing older properties “up-to-code” as prohibitive to
affordable housing. As a result of the 2014 AHAC recommendation to allow certain exceptions to the
50 percent limitation on nonconforming structures, Article 6 of the Community Development Code
was modified and adopted as Section 6-102.F.1-6. in June 2015. Because Recommendation 13.2 was
successfully implemented, Recommendation 13.2 was not continued by the 2017 AHAC. Only
Recommendation 13.1 (design standards) was continued.
AHAC Recommendation:
Upon review of current City practices, the AHAC continued Recommendation 13.1 from the 2023 LHIS
report with no changes.
Implementation:
Recommendation 13.1 is partially implemented by the Community Development Code. City staff will
continue to consider “other criteria” for potential amendments to Sec. 3-920.A.3.c.i-iii. of the
Community Development Code in support of affordable housing.
City of Clearwater Local Housing Incentive Strategies | 32
Economic Development & Housing Department
2.2.3 Communication and Marketing of Affordable Housing
Meeting Synopsis:
During the first AHAC meeting on September 10, 2024, the AHAC discussed the importance of
education regarding the City’s programs, such as down payment assistance, housing rehabilitation,
etc. to make homes safer and more insurable. The importance of roof replacement was discussed.
Such marketing could include television, housing fairs, marketing brochures, posters in libraries,
flyers, etc. The committee also emphasized educating the city as a whole, not just the City’s CRAs and
target areas (e.g., North Greenwood, etc.).
During the second AHAC meeting on October 28, 2024, the AHAC recommended including
partnerships with lenders, realtors, title companies, inspectors, etc. as they relate to purchase of real
estate with down payment and closing cost assistance under Recommendation 14.1. Such
recommendation should include meetings that provide for questions and answers regarding the
programs that are available through the City. The AHAC also conveyed that contractors should have
the opportunity to bid projects through a City-approved list to facilitate assistance. The Consultant
suggested that the recommendation be added under Recommendation 16.1, rather than
Recommendation 14.1, due to the topic addressed by Recommendation 16.1 (Partnerships).
During the third AHAC meeting on November 12, 2024, the AHAC noted that an important
communication strategy is the City’s water bill mailings, which sometimes include information about
the City’s programs. The AHAC complimented City staff on the success of those mailings as a
communication strategy.
The AHAC also discussed whether the term, “workforce” versus “affordable” housing should be used.
That discussion was expanded to the use of the term, “attainable” housing. After discussion, the AHAC
recommended adding the term, “attainable” housing to the terminology used when marketing and
communicating about affordable housing with the community.
In response to the AHAC’s discussion regarding “workforce” and “attainable” housing, minor changes
to Recommendation 14.1 were proposed.
Evaluation of Existing Strategy:
The Economic Development & Housing Department continues to develop materials to better market
its services to prospective developers of affordable housing. The Economic Development & Housing
Department works with the Public Communications Department to create awareness of affordable
housing programs through marketing materials, presentations, and press releases. The Department
also partners with the Neighborhoods Division to promote programs and create awareness.
Most recently, the Department’s communication and marketing outreach has included the following
activities:
1. City staff has attended the annual HOPE Expo to promote the City’s housing programs.
City of Clearwater Local Housing Incentive Strategies | 33
Economic Development & Housing Department
2. The Department promoted the City’s Purchase Assistance and Home Preservation Program
(i.e., Housing Rehabilitation as recently rebranded) on the City’s social media, e-newsletter,
MyClearwater Magazine and Sunshine lines.
3. Press releases have been issued about Home Preservation and Purchase Assistance.
4. The Department developed a new Affordable Housing Approval and Permitting Process
handout.
5. The Department updated the Home Rehab and Purchase Assistance Rack Cards with new
funding amounts as of July 1, 2024.
6. The Department assisted in the coordination of the Clearwater Gardens Ribbon Cutting,
including a press release and follow-up media resulting in additional press coverage.
7. The Department is currently running a six-month geofencing campaign with Tampa Bay
Newspapers to promote the City’s Purchase Assistance Program. The City also contracted for
three advertorials to promote the City’s housing programs.
8. The Economic Development Marketing Manager was recently assigned to the Economic
Development & Housing Department to provide marketing assistance.
The City’s “Affordable Housing and Community Development” webpage is a one-stop resource for
affordable housing developers and persons seeking housing assistance:
https://www.myclearwater.com/My-Government/City-Departments/Affordable-Housing-and-
Community-Development
The webpage publishes plans and reports produced by the Housing Division, as well as information
on the City’s homeless prevention initiatives.
Additionally, the Department worked with the IT and Budget departments to create a dashboard on
the City’s webpage for benchmarking housing data. This information was also presented to City
Council in May 2023. The “Affordable and Workforce Housing Dashboard” can be viewed at the link
below:
https://www.myclearwater.com/My-Government/Transparency/Affordable-and-Workforce-
Housing-Dashboard
AHAC Recommendation:
Upon review of current City practices, the AHAC modified Recommendation 14.1 from the 2023 LHIS
report as shown below in strikethrough/underline:
14.1 Continue to improve current communication channels and marketing materials to reach
different stakeholders interested in affordable housing. Some of the suggested actions
include but are not limited to:
• Conduct an educational campaign, in conjunction with regular City
communications, to rebrand affordable housing as workforce or attainable
housing that supports the diverse needs of residents through a variety of
unit/product types compatible with the City’s neighborhoods.
City of Clearwater Local Housing Incentive Strategies | 34
Economic Development & Housing Department
. . .
Recommendations for specific partnerships and an approved contractor list were added under
Recommendation 16.1 (Partnerships).
Implementation:
City staff of the Economic Development & Housing Department will continue to develop an
educational campaign to rebrand affordable housing and form a partnership with Amplify Clearwater
to promote the City’s Affordable Housing webpage and content thereon. In coordination with the
Public Communications Department, City staff will improve marketing of affordable housing
incentives, including communication of affordable housing successes and outcomes with developers
and other City boards and committees.
2.2.4 Financing
Meeting Synopsis:
During the first AHAC meeting on September 10, 2024, the AHAC discussed financial barriers to
affordable housing, particularly for rental housing. The high cost of rent and utilities is leaving no
option for living within the City of Clearwater. When faced with eviction, there is no affordable
housing available within the City. Low wages combined with the lack of affordable housing, are forcing
students and workforce households far outside of the City. This, in turn, creates transportation-
related issues with limited availability and access via bus/transit systems to school and employment.
Renters struggle to find functional transportation options between school or work in the City and
distant affordable housing. Although there are good jobs in the City, there is no available affordable
housing for the workforce. This effectively results in “brain drain” when students offered employment
upon graduation cannot afford to live in the City once they graduate.
During the second AHAC meeting on October 28, 2024, City staff discussed whether there is chance
that City Council will change the City’s policies regarding reducing/paying code violation liens on lots
suitable for affordable housing. The Consultant responded that the AHAC may make
recommendations to City Council through the LHIS report, where recommendations are presented to
the City Council for consideration. The AHAC discussed whether to remove or modify
Recommendation 15.2 if there is no appetite for the incentive, but ultimately decided to continue
Recommendation 15.2 for another year.
The AHAC also discussed Recommendation 15.3 and whether City staff has sufficient funds and deems
current staffing levels adequate. City staff responded affirmatively.
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Economic Development & Housing Department
On November 12, 2024, the AHAC discussed that affordable options for living in the City were limited
but do exist.
The AHAC made no changes to Recommendations 15.1, 15.2, and 15.3 during the AHAC meetings.
Evaluation of Existing Strategy:
The Economic Development & Housing Department continues to leverage funds with other non-profit
housing providers (e.g., Habitat for Humanity, Foundations, Affordable Housing Developers,
Development Corporations, CHDOs, etc.) to finance the development of affordable housing, and
continuously seeks relationships with new qualified organizations. City staff also seeks new public-
private partnerships to help offset public investment and reduce private developer costs, as well as
partnerships with other local governments (e.g., Pinellas County) to co-fund impactful projects.
In 2023, the City utilized/encumbered $3.3 million in American Rescue Plan Act – Local Fiscal Recovery
Funds (ARPA-LFRF) for affordable and workforce housing. This funding expands opportunities for
down payment assistance, rehabilitation, and new construction. The City also implemented $5,000 in
emergency grants to support maintenance of affordable units. The City worked with North
Greenwood CRA to award other ARPA-LFRF-funded programs to support small maintenance and
repair programs for seniors in the North Greenwood community.
The City also continues to engage an independent financing expert to conduct subsidy analyses for
multi-family affordable and workforce housing projects.
AHAC Recommendation:
Upon review of current City practices, the AHAC continued Recommendation 15.1, 15.2, and 15.3
from the 2023 LHIS report with no changes.
Implementation:
Recommendation 15.1 will continue to be implemented by City staff of the Economic Development &
Housing Department. Recommendation 15.2 will require a change to City Council policy and further
coordination with the implementation of related Recommendation 10.4 regarding properties having
repeat code violations. Recommendation 15.3 will be regularly evaluated as the City prepares each
fiscal year budget.
2.2.5 Partnerships
Meeting Synopsis:
During the first AHAC meeting on September 10, 2024, the AHAC discussed third-party barriers to
affordable housing that require partnerships outside of local government. High interest rates are
affecting homeownership. This barrier is compounded by high (excessive) closing costs, inspection
and processing fees, and insurance premiums. There is a need to reduce these costs for homebuyers.
A potential incentive could be an interest rate buydown or other down payment assistance strategy.
City of Clearwater Local Housing Incentive Strategies | 36
Economic Development & Housing Department
Although housing costs (rent, mortgage, insurance, etc.) continue to increase, salaries and wages have
not kept pace at the same rate. The AHAC discussed the possibility of a real estate tax reduction on
rental properties to reduce the cost of rent, insurance, and maintenance. A reevaluation of how taxes
are assessed could be considered.
The affordability gap between the buyer’s mortgage ability and down payment assistance is not
reaching the sales price of homes. This was identified as a major barrier to affordability. The AHAC
discussed supplementing programs, for example taking the equity in a home and using a third-
mortgage due on sale to cover the gap. The committee acknowledged certain issues with that
approach, including non-conforming mortgages and industry acceptance. The barrier of what families
can afford based on their income compared to what homes cost is the most critical problem to solve.
The AHAC noted that everyone is waiting on the Federal government announce interest rates, which
could change the dynamic but not likely. How residents’ buying power is maximized is critical to
moving families into homeownership. It was discussed that addressing the affordability gap should be
a priority of the AHAC.
During the second AHAC meeting on October 28, 2024, the AHAC recommended including
partnerships with lenders, realtors, title companies, inspectors, etc. as they relate to purchase of real
estate with down payment and closing cost assistance. Such recommendation should include
meetings that provide for questions and answers regarding the programs that are available through
the City. The AHAC also conveyed that contractors should have the opportunity to bid projects
through a City-approved list to facilitate assistance.
The AHAC also discussed the need for consistency between entitlement communities in the region
and their qualification processes for assistance (i.e., improved regional coordination regarding
program guidelines). These currently differ from city to city, and county to county, within the region.
The AHAC also recognized that the City did increase the down payment assistance loan amount to
help homebuyers. The timing of housing quality standard inspections is better than it was, but still not
ideal. City staff responded that the City has been collaborating during monthly meetings to align the
down payment assistance and other programs to the degree that such programs can be aligned. The
AHAC noted that although the City has a great program, another municipality has changed their
guidelines to the detriment of homebuyers. City staff stated that inspections are ordered right away;
however, any instances of delayed inspections should be brought to City staff’s attention. City staff
also stated that they previously had a program where they facilitated monthly meetings regarding
available assistance. The AHAC suggested City staff coordinate with the Pinellas Housing Finance
Authority and their quarterly outreach efforts.
During the third AHAC meeting on November 12, 2024, the AHAC briefly discussed realtor
organizations in Pinellas County, and regional coordination. The AHAC then continued the discussion
of the potential for an approved realtor/lender/vendor list, which would require entities to participate
in a training program to qualify for the list. City staff expressed concern about the limitations of such
a list. The AHAC described examples of other communities that have such a list, which involves training
and periodic renewals. City staff conveyed that state and federal programs have specific regulations
City of Clearwater Local Housing Incentive Strategies | 37
Economic Development & Housing Department
to be considered. The AHAC expressed interest in adding language to promote training to reduce
mistakes that may affect the closing process. City staff stated that partners are provided guidance
(e.g., manual) during the process, but agreed that new lenders could be better educated.
On November 12, 2024, the AHAC confirmed the proposed changes to Recommendation 16.1 to
capture the committee’s discussion from October 28, 2024. However, further changes to
Recommendation 16.1 were also proposed on November 12, 2024, to convey the need for additional
compliance training/education (e.g., guidelines) for third-party partners when state or federal funding
is involved.
Evaluation of Existing Strategy:
The Economic Development & Housing Department strives to keep an updated list of affordable
housing units and maintains a list of housing partners on the City’s website at:
https://www.myclearwater.com/government/city-departments/affordable-housing/resources-for-
residents
The Department also partners with other affordable housing providers to offer mentoring and
technical training, and to address topics such as foreclosure, Fair Housing, and other relevant issues.
The Department continues to improve its partnerships with local lenders, continues to work closely
with Pinellas County to seek mutual opportunities for the development of affordable housing and co-
fund impactful projects, and monitors statewide initiatives through the City’s lobbyist. The
Department is continuously seeking new, qualified organizations and provide guidance through the
development process to those unfamiliar with Clearwater processes.
AHAC Recommendation:
Upon review of current City practices, the AHAC modified Recommendation 16.1 as shown below in
strikethrough/underline:
16.1 Develop public and private partnerships for the provision of affordable housing:
• Prepare, advertise, and maintain an inventory of affordable housing
providers/developers and any other related organization.
• Encourage partnerships between current and new affordable housing developers
for mentoring and technical training.
• Establish partnerships with major employers to coordinate the supply of
workforce housing.
• Encourage and support joint development opportunities between the private
sector and non-profits to develop affordable housing.
• Engage lenders in training and ongoing discussion with the City relative to
underwriting and credit standards, technology solutions, as well as the
development of financial products in an effort to maximize the financing options
available to potential first-time homebuyers through conventional and other
lenders.
City of Clearwater Local Housing Incentive Strategies | 38
Economic Development & Housing Department
• Coordinate with Pinellas County joint programs for the provision of affordable
housing, including the Pinellas County Countywide Housing Strategy, and
Advantage Pinellas Housing Compact, and Pinellas Housing Finance Authority.
• Coordinate with other entitlement grantees in the region to improve
consistency, as feasible, between qualification criteria for housing assistance
programs.
• Monitor, and encourage citizens to lobby for, the development of statewide
legislative initiatives to gauge the local impact of their provisions.
• Partner with lenders, realtors, title companies, inspectors, and contractors
through regular outreach to increase knowledge of the City’s housing assistance
programs, provide guidelines and training to improve compliance, and facilitate
opportunities for qualified contractors to bid projects.
• Coordinate with the private sector and non-profits to provide homebuyer
education, home warranties, and other strategies that reduce the ongoing
maintenance risk of homeownership.
• Increase down payment assistance loan amounts to be viable for the homebuyer
while remaining financially feasible for the continued operation of the City’s
program.
• Improve the timing of Housing Quality Standards inspections to facilitate closings
on homes with down payment assistance loans, if feasible under funding source
requirements.
• Partner with the private sector and non-profits to address third-party barriers to
affordable housing and to identify appropriate incentives to reduce labor and
material costs for developers and long-term maintenance, operational, and
insurance costs for homeowners.
Implementation:
Recommendation 16.1 is already implemented by City staff of the Economic Development & Housing
Department through ongoing public and private partnerships, which will be continued. Efforts to
facilitate home purchase, reduce the maintenance risk of homeownership, and to address third-party
barriers to affordable housing will require further coordination with these partners. City staff will
coordinate with and closely monitor local, regional, and statewide affordable housing initiatives.
Appendix
Economic Development & Housing Department
APPENDIX A: City of Clearwater Resolutions
A.1 Resolution #08-15, AHAC Members
A.2 Resolution #14-26, AHAC Members
A.3 Resolution #17-34, AHAC Members
A.4 Resolution #20-50, AHAC Members
A.5 Resolution #22-19, AHAC Members
A.6 Resolution #23-12, AHAC Members
A.7 Resolution #24-11, AHAC Members
A.8 Resolution #09-41, Affordable Housing Inventory List
A.9 Resolution #13-10, Affordable Housing Inventory List
A.10 Resolution #16-14, Affordable Housing Inventory List
A.11 Resolution #19-10, Affordable Housing Inventory List
A.12 Resolution #22-13, Affordable Housing Inventory List
A.13 Resolution #23-13, Affordable Housing Inventory List
Appendix
Economic Development & Housing Department
APPENDIX B: Affordable Housing in Clearwater
B.1 Housing Affordability
Affordability refers to the capacity that all income levels have to access a “decent and adequate” housing
unit within the housing market, either for rental or ownership. One measurement of affordable housing
is the percentage of annual income that a household pays toward housing-related costs. The U.S.
Department of Housing and Urban Development (HUD) defines “Cost Burdened” as when a household
spends more than 30% of their income on housing costs. However, for some State programs the burden
could be up to 35% depending on a specific household’s capacity. A household that pays more than 50%
of its annual income toward housing costs is considered by HUD to be “Severely Cost Burdened.”
According to estimates sourced from the Shimberg Center for Affordable Housing and Florida Housing
Data Clearinghouse, in 2022, 39% of the City’s households pay more than 30% of their income for housing.
By comparison, 34% of households statewide are cost burdened. Approximately 18% of the City’s
households pay more than 50% of income for housing, compared to 16% of households statewide.
The City of Clearwater defines affordable housing in Section 8-102. – Definitions of the Community
Development Code:
“Any residential dwelling unit leased or owned by a household with a household income
of 120 percent or less of the adjusted area median family income for Pinellas County,
Florida, as determined by the U.S. Department of Housing and Urban Development (HUD).
The rental rates for leased workforce affordable housing units, as defined in Charter
Section 2.01(d)(5)(i), shall not exceed the rates published by the Florida Housing Finance
Corporation for annual "Maximum Rents by Number of Bedroom Unit" for the Tampa-St.
Petersburg-Clearwater Metropolitan Statistical Area (MSA). For non-rental units, the sales
price may not exceed 90 percent of the average area price for the Tampa-St. Petersburg-
Clearwater MSA, as established by the annual revenue procedure which provides issuers
of qualified mortgage bonds, as defined in Section 143(a) of the Internal Revenue Code,
and issuers of mortgage credit certificates, as defined in Section 25(c) of the Internal
Revenue Code, with the nationwide average purchase price for the residences located in
the United States.”
B.2 Barriers and Incentives
According to HUD, a regulatory barrier is "a public regulatory requirement, payment, or process that
significantly impedes the development or availability of affordable housing without providing a
commensurate health and/or safety benefit."2 Understanding barriers is the first step to transform them
into incentives for the supply of affordable housing. The AHAC conducted a comprehensive overview of
2 Stowell, C; Shelburne, M. (2004). Responding to HUD's Affordable Communities Initiative: Will It Make a Difference? The Practitioner Planner,
American Planning Association, Winter 2004.
Appendix
Economic Development & Housing Department
affordable housing barriers to understand potential relationships of what, from the City’s perspective,
could be done to incentivize the supply of affordable housing.
This comprehensive approach helped the AHAC to look beyond the analysis required by Section 420.9076,
F.S. and to prioritize recommendations. In that sense, the recommendations of the AHAC targeted areas
and barriers within the domain of the City of Clearwater’s basic responsibilities: provide policy direction
through the City’s Comprehensive Plan; provide incentives through the Community Development Code;
and facilitate information and the permitting process.
Chart 1 summarizes potential barriers to affordable housing.
Chart 1: Affordable Housing Barriers
Appendix
Economic Development & Housing Department
B.3 Issues in Supplying Affordable Housing
Built-out communities, such as Clearwater, have pressures for the provision of affordable housing due to
increasing land values; limited availability of vacant developable land; skyrocketing construction costs due
to inflation and demand for building material supplies; and labor market imbalances. In addition, other
third-party costs of home acquisition (i.e., property taxes and insurance) create a financial burden for
citizens.
Beginning in 2008 and most recently in 2024, the AHAC met to identify the most significant issues for the
provision of affordable housing in the City. The following summarizes the significant issues that the AHAC
identified as most relevant in 2024:
• Renter Cost Burden, High Cost of Rent/Utilities, and Transportation-Related Issues (Barrier). In
2024, the AHAC discussed financial barriers to affordable housing, particularly for rental housing.
The high cost of rent and utilities is leaving no option for living within the City of Clearwater. When
faced with eviction, there is no affordable housing available within the City. Low wages combined
with the lack of affordable housing, are forcing students and workforce households far outside of
the City. This, in turn, creates transportation-related issues with limited availability and access via
bus/transit systems to school and employment. Renters struggle to find functional transportation
options between school or work in the City and distant affordable housing. Although there are
good jobs in the City, there is no available affordable housing for the workforce. This effectively
results in “brain drain” when students offered employment upon graduation cannot afford to live
in the City once they graduate.
• Rising Interest Rates and Insurance Costs for Homeownership (Barrier). In the 2024, the AHAC
discussed how high interest rates are affecting homeownership. This barrier is compounded by
high (excessive) closing costs, inspection and processing fees, and insurance premiums. There is
a need to reduce these costs for homebuyers. A potential incentive could be an interest rate
buydown or other down payment assistance strategy.
Although housing costs (rent, mortgage, insurance, etc.) continue to increase, salaries and wages
have not kept pace at the same rate. The AHAC discussed the possibility of a real estate tax
reduction on rental properties to reduce the cost of rent, insurance, and maintenance. A
reevaluation of how taxes are assessed could be considered.
The affordability gap between the buyer’s mortgage ability and down payment assistance is not
reaching the sales price of homes. This was identified as a major barrier to affordability. The AHAC
discussed supplementing programs, for example taking the equity in a home and using a third-
mortgage due on sale to cover the gap. The committee acknowledged certain issues with that
approach, including non-conforming mortgages and industry acceptance. The barrier of what
families can afford based on their income compared to what homes cost is the most critical
problem to solve. The AHAC noted that everyone is waiting on the Federal government announce
interest rates, which could change the dynamic but not likely. How residents’ buying power is
Appendix
Economic Development & Housing Department
maximized is critical to moving families into homeownership. It was discussed that addressing the
affordability gap should be a priority of the AHAC.
• Lack of Affordable Housing for Senior Citizens (Barrier). Cost burden is also impacting senior
citizens that rely on social security and fixed incomes. For example, when they receive these
limited funds, they will often use those funds to stay in hotels temporarily (often sharing a room)
and then end up back on the street. Although senior citizens have some income, due to their age
and age-related disabilities, they are unemployable and there are no alternative affordable
housing options available to them.
• Investor Real Estate Competition (Barrier). In 2024, the AHAC discussed investor-driven
residential real estate as a barrier to affordable housing. It was noted that large investors take
affordable housing off the market, drive-up costs, and compete with residents and affordable
housing developers to buy properties. For example, build-to-rent properties (e.g., single-family)
are driving up rental costs. Due to Pinellas County’s limited land and housing inventory, these
investors take up a larger share of the residential market when compared to other counties in the
region.
• Condominium Assessments (Barrier). The milestone assessments in response to the Surfside
condominium collapse may triple or quadruple the housing costs for older residents who have
lived in their condominium a long time. These residents may not be able to continue to afford to
live in their condominiums due to such repair assessments. For older buildings, the assessments
for repair costs will make them unaffordable to many. This may also negatively affect the
inventory of affordable housing, as the condominiums must sell at higher prices to offset the
assessment costs. The ability to mortgage those units may be affected by the reserve
requirements/regulatory standards that lenders will be considering. Incentivizing new
condominium development in the City of Clearwater was discussed to offset the issue of
condominium assessments affecting older buildings and their residents.
• Accessory Dwelling Units/Rental Rebate Program (Incentive). In 2024, the AHAC discussed
incentives for construction or rehabilitation of accessory dwelling units, such as rebates up to a
certain dollar amount to assist the supply of affordable housing, with a lease agreement that
meets HUD’s affordability requirements.
• Density (Incentive). In 2024, the AHAC discussed looking at density in the City of Clearwater as an
incentive. The committee discussed working within the City’s zoning code [Community
Development Code] to incentivize reasonable higher density so that more units can be put on the
market. The committee discussed the North Greenwood neighborhood and how a more current
zoning strategy for certain neighborhoods is needed to match residents’ needs with housing
opportunities. For example, developing vertically and allowing multi-unit buildings on current lots.
Appendix
Economic Development & Housing Department
The committee discussed coordination with the Planning & Development Department regarding
a zoning strategy.
• Education/Marketing (Incentive). In 2024, the AHAC discussed the importance of education
regarding the City’s programs, such as down payment assistance, housing rehabilitation, etc. to
make homes safer and more insurable. The importance of roof replacement was discussed. Such
marketing could include television, housing fairs, marketing brochures, posters in libraries, flyers,
etc. The committee also emphasized educating the city as a whole, not just the City’s CRAs and
target areas (e.g., North Greenwood, etc.).
Appendix
Economic Development & Housing Department
APPENDIX C: Values, Principles and Vision
C.1 The Value of Affordable Housing
In 2024, the AHAC discussed and confirmed the value that affordable housing brings to the City’s
development. The AHAC found that affordable housing in the City of Clearwater:
A) Supports a dynamic and competitive economy.
There is an intrinsic relationship between a dynamic economy and affordable housing. The
existence of affordable housing units is a variable that supports business location thus job
creation. The City, which is nearly built out, has the opportunity to capitalize on its existing urban
fabric through urban renewal and infill development. Such investment in the City would have
positive impacts on the local economy and increase Clearwater’s ability to compete with other
cities.
B) Improves social well-being and builds sense of community.
Consideration of social well-being, including long-term housing stability, is imperative for the
future of the City. There is a need for improved job opportunities, as well as for a simple,
understandable process for achieving housing, especially for those in low to moderate-income
households. Education and motivation for home ownership are also important aspects of the
City’s future.
C) Aspires to have housing that fits the City’s workforce.
There is a growing need for affordable “workforce” housing within the community, specifically for
police, fire, and other service employees. There is also a need to draw the workforce back into
the City to reduce commute distances, to reduce crime, and to restore a sense of pride in the
community.
D) Everyone deserves a safe affordable home.
The City recognizes that housing is a fundamental human need.
C.2 Principles for Clearwater’s Affordable Housing
In 2024, the AHAC discussed and confirmed the principles that provision of affordable housing in the City
of Clearwater should embrace. The AHAC found that affordable housing in the City of Clearwater should
be:
1) Affordable over the long-term.
Affordable housing is readily available and reasonably priced. Mortgage rates for affordable
housing are structured to allow people to keep their homes over the long-term and to age in
place. Rental rates for affordable housing are fair and reasonable. The cost of maintaining a home
(e.g., fees, maintenance, etc.) is practical.
2) Diverse supply that provides for a mix of income levels and the diverse needs of residents.
Appendix
Economic Development & Housing Department
Affordable housing is comprised of diverse unit types that support a mix of income levels and the
diverse needs of residents, incorporating rental and ownership opportunities.
3) Designed to be sustainable, energy and cost efficient, and to minimize physical barriers to
accessibility.
Affordable housing uses innovative and sustainable materials and technologies. Floor plans are
designed for “living” and construction materials, including fixtures, are energy and cost efficient.
Structures are safe, functional, and accessible.
4) In aesthetic character with the surrounding neighborhood.
Affordable housing blends into the architectural fabric and aesthetic character of the community.
Public open spaces are designed for safety and visibility but well-landscaped. Fences or other
barriers are architectural and transparent.
5) Strategically located and pedestrian-oriented with access to mass transit, open spaces,
educational institutions, and employment or workforce training opportunities.
Affordable housing is located near civic centers, educational institutions, and employment
opportunities. Residents enjoy pedestrian-oriented facilities with access to mass transit and open
spaces.
6) Incentivized to promote incorporation of affordable housing into all housing developments.
Affordable housing is incentivized to promote the construction of mixed-income housing
developments that incorporate units affordable to diverse income levels in the same project.
C.3 Vision
In order to develop a vision for affordable housing as part of the Local Housing Incentive Strategies, the
AHAC summarized the value of providing affordable housing for the City as well as the principles. The
following statement summarizes the AHAC’s vision of affordable housing for the City:
The City of Clearwater will incentivize the development of a diverse supply of housing that is safe,
accessible, affordable, sustainable, and energy and cost efficient, that blends into the aesthetic
character of all the City’s neighborhoods proximate to public amenities and employment
opportunities, which supports an inclusive community and the diverse needs of residents.
Appendix
Economic Development & Housing Department
APPENDIX D: Advisory Committee Meeting Summaries
D.1 AHAC Meeting #1, September 10, 2024
2024 Update of Local Housing Incentive Strategies
AHAC Meeting #1 | September 10, 2024 | 9:00 a.m.
Clearwater Main Library (100 N. Osceola Ave., Clearwater, FL 33755)
MEETING SUMMARY
The City of Clearwater requested that Wade Trim facilitate an update of the City’s Local Housing Incentive Strategies
(LHIS) report, which was last updated in 2023. An 11-member Affordable Housing Advisory Committee (AHAC)
representing various affordable housing interests was appointed by the City Council on August 15, 2024 (Resolution
#24-11), to evaluate and update the 2023 LHIS report. The first meeting of the AHAC was held on September 10,
2024, at the Clearwater Main Library (100 N. Osceola Ave., Clearwater, FL 33755). Eight (8) AHAC members, City
staff, and the City’s consultant attended the meeting:
• Robyn Fiel (Chair) Representative of the banking or mortgage industry in connection with
affordable housing
• Linda Byars A citizen who resides within the City of Clearwater
• Christine Bond An advocate for low-income persons in connection with affordable housing
• Charessa Doty Representative of a not-for-profit provider of affordable housing
• David Harder Representative of those areas of labor engaged in home building in connection
with affordable housing
• Michael Boutzoukas Serves on the City of Clearwater’s local planning agency (Community
Development Board)
• Cheri DeBlaere Representative of essential services personnel
• Mike Mannino A locally elected official (City Councilmember)
• Dylan Mayeux City of Clearwater, Economic Develop. & Housing, Real Estate Coordinator II
• Terry Malcolm-Smith City of Clearwater, Economic Develop. & Housing, Program Admin.
• Gina Clayton City of Clearwater, Planning & Development, Director
• Amanda Warner Wade Trim, Planner (City’s Consultant)
• Connor Baird Wade Trim, Planner (City’s Consultant)
One (1) AHAC member attended as an observer: Rick Vail (Representative of the residential home building industry).
Two (2) AHAC members were not in attendance: Camille Hebting (Representative of employers within the City of
Clearwater) and Lindsay Dicus-Harrison (Representative of those who are actively engaged as a real estate professional in connection with affordable housing).
The purpose of the first AHAC meeting was to educate the new committee about the City’s existing LHIS report,
review its values, principles and vision, as well as identify current barriers and potential incentives related to the
facilitation of affordable housing in the City of Clearwater. The first AHAC meeting was publicly advertised on the
City’s website, held in-person with opportunity for public comment, and recorded for later viewing on the City’s
website.
Welcome and Introductions
AHAC Chair, Robyn Fiel, called the meeting to order and introduced the Consultant (Amanda Warner, Wade Trim).
Each committee member then introduced themselves. The Consultant explained the purpose of the meeting and
provided an overview of the agenda for the meeting, to include a presentation and facilitated committee discussion.
Appendix
Economic Development & Housing Department
Summary of Presentation to AHAC
The Consultant presented an overview of the LHIS update process, including the history and duties of the AHAC,
meeting requirements, schedule of events toward approval/submittal, definitions of affordable housing,
implications of the State’s Live Local Act, and components of the LHIS report. The overview was presented in
Microsoft PowerPoint format. The overall schedule of events presented to the AHAC included:
• Early August – City designates staff and selects AHAC members
• August 15, 2024 – City Council appoints members to AHAC
• September 10, October 8, and November 12, 2024 – AHAC meets to update LHIS report
• December 3, 2024 – AHAC holds public hearing to approve updated LHIS report
• December 5 or 19, 2024 – City Council holds public hearing to approve updated LHIS report for submittal
to Florida Housing Finance Corporation (FHFC)
• December 31, 2024 – Deadline to submit LHIS report to FHFC
• March 31, 2025 – City Council to adopt amendments to LHAP to incorporate LHIS
• May 2, 2025 – Submit amended LHAP with proof of City Council approval to FHFC
The Consultant presented the value statements of the 2023 LHIS report and invited feedback from the AHAC
members on whether the values still resonate with current affordable housing issues in the City of Clearwater. The
AHAC confirmed that all values in the 2023 LHIS report are still relevant to affordable housing in the City of
Clearwater. These values will be continued in the 2024 LHIS report.
The Consultant presented the principles of the 2023 LHIS report and invited feedback from the AHAC members on
whether the principles still resonate with current affordable housing issues in the City of Clearwater. The AHAC made
no changes to the principles. These principles will be continued in the 2024 LHIS report.
The Consultant presented the vision statement of the 2023 LHIS report and invited feedback from the AHAC
members on whether the vision still resonates with current affordable housing issues in the City of Clearwater. The
AHAC made no changes to the vision statement. This vision statement will be continued in the 2024 LHIS report.
Committee Discussion
During the meeting, AHAC members were asked to discuss any perceived barriers to affordable housing that
presently exist, as well as potential incentives to reduce these barriers. Members were asked to consider barriers and incentives with regard to City programs/procedures, the City’s Comprehensive Plan, and the City’s Community
Development Code. The following provides a summary of the committee’s discussion of current issues affecting the
provision of affordable housing in the City of Clearwater.
Renter Cost Burden, High Cost of Rent/Utilities, and Transportation-Related Issues (Barrier) The AHAC discussed financial barriers to affordable housing, particularly for rental housing. The high cost of rent and
utilities is leaving no option for living within the City of Clearwater. When faced with eviction, there is no affordable
housing available within the City. Low wages combined with the lack of affordable housing, are forcing students and
workforce households far outside of the City. This, in turn, creates transportation-related issues with limited
availability and access via bus/transit systems to school and employment. Renters struggle to find functional
transportation options between school or work in the City and distant affordable housing. Although there are good
jobs in the City, there is no available affordable housing for the workforce. This effectively results in “brain drain”
when students offered employment upon graduation cannot afford to live in the City once they graduate.
Rising Interest Rates and Insurance Costs for Homeownership (Barrier)
High interest rates are affecting homeownership. This barrier is compounded by high (excessive) closing costs,
inspection and processing fees, and insurance premiums. There is a need to reduce these costs for homebuyers. A
potential incentive could be an interest rate buydown or other down payment assistance strategy.
Appendix
Economic Development & Housing Department
Although housing costs (rent, mortgage, insurance, etc.) continue to increase, salaries and wages have not kept pace
at the same rate. The AHAC discussed the possibility of a real estate tax reduction on rental properties to reduce the
cost of rent, insurance, and maintenance. A reevaluation of how taxes are assessed could be considered.
The affordability gap between the buyer’s mortgage ability and down payment assistance is not reaching the sales
price of homes. This was identified as a major barrier to affordability. The AHAC discussed supplementing programs,
for example taking the equity in a home and using a third-mortgage due on sale to cover the gap. The committee
acknowledged certain issues with that approach, including non-conforming mortgages and industry acceptance. The
barrier of what families can afford based on their income compared to what homes cost is the most critical problem
to solve. The AHAC noted that everyone is waiting on the Federal government announce interest rates, which could
change the dynamic but not likely. How residents’ buying power is maximized is critical to moving families into
homeownership. It was discussed that addressing the affordability gap should be a priority of the AHAC.
Lack of Affordable Housing for Senior Citizens (Barrier)
Cost burden is also impacting senior citizens that rely on social security and fixed incomes. For example, when they
receive these limited funds, they will often use those funds to stay in hotels temporarily (often sharing a room) and
then end up back on the street. Although senior citizens have some income, due to their age and age-related
disabilities, they are unemployable and there are no alternative affordable housing options available to them.
Investor Real Estate Competition (Barrier)
The AHAC discussed investor-driven residential real estate as a barrier to affordable housing. It was noted that large
investors take affordable housing off the market, drive-up costs, and compete with residents and affordable housing
developers to buy properties. For example, build-to-rent properties (e.g., single-family) are driving up rental costs. Due to Pinellas County’s limited land and housing inventory, these investors take up a larger share of the residential
market when compared to other counties in the region.
Condominium Assessments (Barrier)
The milestone assessments in response to the Surfside condominium collapse may triple or quadruple the housing
costs for older residents who have lived in their condominium a long time. These residents may not be able to
continue to afford to live in their condominiums due to such repair assessments. For older buildings, the assessments
for repair costs will make them unaffordable to many. This may also negatively affect the inventory of affordable
housing, as the condominiums must sell at higher prices to offset the assessment costs. The ability to mortgage those
units may be affected by the reserve requirements/regulatory standards that lenders will be considering.
Incentivizing new condominium development in the City of Clearwater was discussed to offset the issue of
condominium assessments affecting older buildings and their residents.
Accessory Dwelling Units/Rental Rebate Program (Incentive)
The committee discussed incentives for construction or rehabilitation of accessory dwelling units, such as rebates
up to a certain dollar amount to assist the supply of affordable housing, with a lease agreement that meets HUD’s
affordability requirements.
Density (Incentive)
The AHAC discussed looking at density in the City of Clearwater as an incentive. The committee discussed working
within the City’s zoning code [Community Development Code] to incentivize reasonable higher density so that more
units can be put on the market. The committee discussed the North Greenwood neighborhood and how a more
current zoning strategy for certain neighborhoods is needed to match residents’ needs with housing opportunities.
For example, developing vertically and allowing multi-unit buildings on current lots. The committee discussed coordination with the Planning & Development Department regarding a zoning strategy.
Education/Marketing (Incentive)
The AHAC discussed the importance of education regarding the City’s programs, such as down payment assistance,
housing rehabilitation, etc. to make homes safer and more insurable. The importance of roof replacement was discussed. Such marketing could include television, housing fairs, marketing brochures, posters in libraries, flyers,
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etc. The committee also emphasized educating the city as a whole, not just the City’s CRAs and target areas (e.g.,
North Greenwood, etc.).
Public Comment
AHAC Chair, Robyn Fiel, invited public comment and asked if anyone was there to speak publicly.
Kathleen Beckman, Clearwater resident, member of Clearwater Alliance for Housing, and Chair of the Continuum of
Care, requested to speak publicly during the AHAC meeting. Ms. Beckman thanked the committee and suggested
the AHAC review the City’s Housing Study as presented to the City Council earlier in the year. She also suggested that City staff develop a “one-pager” summary of that study. As committee members do their “homework”, she
suggested the AHAC ask for data regarding what strategies are successful and what strategies are not working. She
asked committee members to understand the City’s measurable goals, and how the strategies should be tailored to
those goals. Ms. Beckman mentioned Community Land Trusts, issues of developer flexibility and incentivization, and
coordination with other regional AHACs. She also encouraged committee members to join the Continuum of Care to
advocate for affordable housing.
Next Steps
After the committee discussion and before public comment, the Consultant referenced the 2023 LHIS report that
was previously completed by the City. The Consultant requested that AHAC members review the 2023 LHIS report
as to whether past recommendations should be continued, modified, or removed as part of the 2024 update.
AHAC Chair, Robyn Fiel, adjourned the first AHAC meeting.
The second AHAC meeting will be held on October 8, 2024, at 9:00 a.m., in the Clearwater Main Library. During the second AHAC meeting, City staff and the Consultant will respond to questions generated during the first AHAC
meeting or through review of the City’s current practices, and then facilitate AHAC discussion of critical
recommendations for inclusion in the 2024 LHIS report. If any AHAC members will be absent on October 8, 2024,
questions or comments should be submitted directly to Dylan Mayeux in advance.
. . .
The AHAC is a public advisory board and is subject to Florida’s “Sunshine Law” therefore committee members may
not discuss AHAC matters with other committee members outside of a properly noticed and recorded public
meeting. AHAC members are encouraged to contact City staff directly to discuss AHAC matters.
Note: The AHAC meeting originally scheduled to be held on October 8, 2024, was postponed until October 28, 2024, due to Hurricane Milton.
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D.2 AHAC Meeting #2, October 28, 2024
2024 Update of Local Housing Incentive Strategies
AHAC Meeting #2 | October 28, 2024 | 9:00 a.m.
Clearwater Main Library (100 N. Osceola Ave., Clearwater, FL 33755)
MEETING SUMMARY
The City of Clearwater requested that Wade Trim facilitate an update of the City’s Local Housing Incentive Strategies
(LHIS) report, which was last updated in 2023. An 11-member Affordable Housing Advisory Committee (AHAC)
representing various affordable housing interests was appointed by the City Council on August 15, 2024 (Resolution
#24-11), to evaluate and update the 2023 LHIS report. The first meeting with the AHAC was held on September 10,
2024.
The second meeting with the AHAC was originally scheduled to be held on October 8, 2024, but was postponed until
October 28, 2024, due to Hurricane Milton. The second meeting with the AHAC was held on October 28, 2024, at
Clearwater Main Library (100 N. Osceola Ave., Clearwater, FL 33755). Six (6) AHAC members, City staff, and the City’s
consultant attended the meeting:
• Robyn Fiel (Chair) Representative of the banking or mortgage industry in connection with
affordable housing
• Rick Vail Representative of the residential home building industry
• Christine Bond An advocate for low-income persons in connection with affordable housing
• Charessa Doty Representative of a not-for-profit provider of affordable housing
• Linda Byars A citizen who resides within the City of Clearwater
• Cheri DeBlaere Representative of essential services personnel
• Dylan Mayeux City of Clearwater, Economic Develop. & Housing, Real Estate Coordinator II
• Terry Malcolm-Smith City of Clearwater, Economic Develop. & Housing, Housing Coordinator
• Dania Perez City of Clearwater, Economic Develop. & Housing, Programs Coordinator I
• Amanda Warner Wade Trim, Planner (City’s Consultant)
• Connor Baird Wade Trim, Planner (City’s Consultant)
Five (5) AHAC members were not in attendance: David Harder (Representative of those areas of labor engaged in home building in connection with affordable housing), Lindsay Dicus-Harrison (Representative of those who are
actively engaged as a real estate professional in connection with affordable housing), Michael Boutzoukas (Serves
on the City of Clearwater’s local planning agency – Community Development Board), Camille Hebting
(Representative of employers within the City of Clearwater), and Mike Mannino (A locally elected official – City
Councilmember). One member of City staff was not in attendance: Gina Clayton (City of Clearwater, Planning & Development, Director).
The purpose of the second AHAC meeting was to review the LHIS process and schedule; confirm the affordable
housing values, principles, and vision statement; continue to review and discuss the contemporary barriers identified
by the AHAC during the first meeting on September 10, 2024; receive direction on whether to maintain, modify, or
remove any recommendations from the 2023 LHIS report to address those contemporary barriers; and to identify
any new incentive recommendations in response to the AHAC’s evaluation of the City’s current practices regarding
affordable housing.
Welcome and Introductions
AHAC Chair, Robyn Fiel, called the meeting to order and asked the committee members to introduce themselves
and state the fields they represent.
Approval of AHAC Meeting Minutes from September 10, 2024
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AHAC Chair, Robyn Fiel, asked for a motion to approve the meeting minutes from September 10, 2024. A motion
and second was made, and the meeting minutes were approved by the committee.
Summary of Presentation to AHAC
AHAC Chair, Robyn Fiel, introduced the Consultant. Wade Trim Planner, Amanda Warner (Consultant), then
explained the purpose of the meeting and provided an overview of the agenda for the meeting, to include a
presentation in Microsoft PowerPoint format and facilitated AHAC discussion.
The Consultant reviewed the LHIS update process and schedule of events toward approval/submittal. The schedule of events included:
• Early August – City designates staff and selects AHAC members
• August 15, 2024 – City Council appoints members to AHAC
• September 10, October 28, and November 12, 2024 – AHAC meets to update LHIS report
• December 3, 2024 – AHAC holds public hearing to approve updated LHIS report
• December 19, 2024 – City Council holds public hearing to approve updated LHIS report for submittal to
Florida Housing Finance Corporation (FHFC)
• December 31, 2024 – Deadline to submit LHIS report to FHFC
• March 31, 2025 – City Council to adopt amendments to LHAP to incorporate LHIS
• May 2, 2025 – Submit amended LHAP with proof of City Council approval to FHFC
During the first AHAC meeting on September 10, 2024, the AHAC made no changes to the affordable housing values,
principles, and vision statement previously included in the 2023 LHIS report prepared by the former committee.
During the second AHAC meeting on October 28, 2024, the AHAC confirmed that the existing affordable housing
values, principles, and vision statement should be continued in the 2024 LHIS report.
The Consultant reiterated the 11 incentive areas under Section 420.9076, F.S., and the additional five AHAC-initiated incentive areas from the previous 2023 LHIS Report. The Consultant then presented the contemporary barriers to
affordable housing identified by the committee during the first AHAC meeting on September 10, 2024, and the status
of each existing recommendation based on City staff input regarding current City practices. The existing
recommendations within the 2023 LHIS report were discussed with the committee. If an AHAC-identified barrier to
affordable housing and corresponding incentive was already addressed by an existing recommendation within the
2023 LHIS report, those recommendations were noted (i.e., starred) within the presentation.
Committee Discussion
During the second meeting, the Consultant facilitated AHAC discussion of recommendations for inclusion in the 2024
LHIS report. The discussion focused on strategies to address the barriers and incentives identified by the AHAC during
the first AHAC meeting on September 10, 2024. Strategies are needed to address barriers such as renter cost burden,
the high cost of rent/utilities, and transportation-related issues; rising interest rates and insurance costs for
homeownership; lack of affordable housing for senior citizens; investor real estate competition; and condominium
assessments. Strategies are also needed to support incentives such as accessory dwelling units or rental rebate
programs; density; and education/marketing. The following provides a summary of the committee’s discussion of
recommendations to incentivize the provision of affordable housing in the City of Clearwater.
1) Expedited Review
During the second AHAC meeting on October 28, 2024, the “Request for Expedited Permit Processing for
Affordable Housing Activity” form was discussed, along with the duration of single-family permit reviews (four
days initially and three days subsequently). Clarification was provided regarding the timing of multi-family
versus single-family permit reviews, and the applicability of the City’s expedited permitting process. The AHAC requested information about how many forms have been submitted through the expedited
permitting process. City staff responded that they would research and provide that information to the AHAC.
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The AHAC also inquired about applicability to other types of housing (e.g., duplexes, triplexes, etc.), whether
the expedited review process was working, whether the process applies to only new construction, and how
affordable housing projects are funded. City staff and the Consultant responded affirmatively to the
committee’s questions and conveyed that multiple funding sources are used (i.e., private, public, grant, etc.) for
such projects.
The AHAC then discussed providing a list of potential mentors experienced in affordable housing, which was
Recommendation 1.3 of the 2023 LHIS report. The AHAC asked whether that recommendation had been
implemented. City staff responded that the Economic Development & Housing Department provides technical
assistance to developers seeking to provide affordable housing. However, a list of established developers to
provide mentoring has not been provided. The AHAC expressed continued interest and need for the mentor
list.
Upon review of current City practices, the AHAC modified Recommendation 1.3 as shown in
strikethrough/underline:
1.3 Continue to improve customer service toward potential project applicants by:
. . .
• Providing a list of potential mentors experienced in affordable housing by end of first
quarter 2024 2025 and updated annually thereafter
. . .
The AHAC also inquired about how response times are measured, for example by customer service survey or
similar tool. City staff responded that the general rule is response within 24 hours or one (1) business day.
The AHAC discussed the development of a brochure, which City staff confirmed was developed and is available
on the City’s website. The new tri-fold brochure “Affordable Housing Permitting Process at a Glance” can be
viewed on the Development Approval and Permitting Process webpage, and at the links below:
https://www.myclearwater.com/Business-Development/Information-for-Developers-of-Affordable-Housing/Affordable-Housing-Development/Development-Approval-and-Permitting-Process
https://www.myclearwater.com/files/sharedassets/public/v/1/planning-amp-development/documents/new-
forms/affordable_housing_permitting_brochure-6.pdf
In response to the successful development of the brochure, the AHAC modified Recommendation 1.4 as shown
in strikethrough/underline:
1.4 Develop by end of first quarter year 2024 and annually update thereafter a brochure and other
informational handouts to be published in a prominent location on the City’s Affordable Housing
webpage that explain the City’s development approval and permitting process to developers, incl.
but not limited to:
. . .
The AHAC also confirmed that the “Request for Expedited Permit Processing for Affordable Housing Activity”
form exists and is available to developers.
The AHAC discussed building example plans, and whether any templates have been submitted for pre-screening.
The AHAC discussed whether building example plans (referenced under Recommendation 1.5) were truly an
incentive, since none have been submitted. Committee member Rick Vail, of Habitat for Humanity, stated that
they are in the process of creating master plans that encompass the typical homes they construct to decrease
the amount of time in permitting. Such plans could be on file and pre-reviewed to expedite permitting. After
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discussion, the AHAC decided to continue Recommendation 1.5 to allow more time to determine whether such
recommendation will be effective as an incentive.
The AHAC made no changes to Recommendations 1.1, 1.2, or 1.5 during the second AHAC meeting.
Upon review of current City practices, the AHAC continued Recommendations 1.1, 1.2, and 1.5 from the 2023
LHIS report with no changes, and modified Recommendations 1.3 and 1.4 as shown above in
strikethrough/underline.
Regarding Recommendation 1.1, the AHAC requested additional information regarding how many forms have
been submitted, and affordable housing projects expedited, through the expedited permitting process
covered by that recommendation.
2) Modification of Fees
During the second AHAC meeting on October 28, 2024, the AHAC discussed Recommendation 2.4 and requested
additional information regarding the degree to which the Economic Development & Housing Department can
assist with payment of fees using funds designated for affordable housing.
The AHAC made no changes to Recommendations 2.1, 2.2, 2.3, or 2.4 during the second AHAC meeting.
Upon review of current City practices, the AHAC continued Recommendations 2.1, 2.2, 2.3, and 2.4 from the
2023 LHIS report with no changes.
Regarding Recommendation 2.4, the AHAC requested additional information regarding how much the
Economic Development & Housing Department was able to assist with the payment of plan review and permit
fees, and impact fees, using funds designated for affordable housing.
3) Flexible Densities
During the second AHAC meeting on October 28, 2024, while discussing Recommendations 3.1, 3.2, and 3.3, the
AHAC inquired about implementation related to the Live Local Act, which was to include a Frequently Asked
Questions (FAQ) resource on the City’s website. City staff confirmed that the Live Local Act FAQ resource is
available and posted on the City’s website at the following location:
https://www.myclearwater.com/Business-Development/Information-for-Developers-of-Affordable-
Housing/Live-Local-Act
The AHAC made no changes to Recommendations 3.1, 3.2, or 3.3 during the second AHAC meeting.
Upon review of current City practices, the AHAC continued Recommendations 3.1., 3.2, and 3.3 from the 2023
LHIS report with no changes.
4) Infrastructure Capacity
The City’s infrastructure capacity was not identified as an affordable housing barrier. The City of Clearwater is
nearly built-out and has sufficient infrastructure capacity for infill development. Therefore, there is no need to reserve infrastructure capacity.
The AHAC continued the previous recommendation of “no recommendation” from the 2023 LHIS report with
no changes.
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Upon review of current City practices, the AHAC made no change to the recommendation of “no
recommendation” as previously approved in regard to infrastructure capacity.
5) Accessory Dwelling Units
During the second AHAC meeting on October 28, 2024, regarding Recommendation 5.2, the Consultant
presented information about the recent City of Clearwater Ordinance 9758-24, which implemented the City’s
Comprehensive Plan Policy QP 6.1.7 and Policy QP 6.1.10 by providing corresponding standards in the
Community Development Code for accessory dwelling units (ADUs).
Also, regarding Recommendation 5.2, the AHAC discussed ADU occupancy/tenure requirements, and confirmed
that long-term rental of ADUs is still allowed since short-term rental of ADUs is not allowed by policy. It was
noted that Recommendation 5.3, regarding flexibility for alternative unit types, is in progress and has not yet
been implemented.
The AHAC made no changes to Recommendations 5.1, 5.2, and 5.3 during the second AHAC meeting.
Upon review of current City practices, the AHAC continued Recommendations 5.1, 5.2, and 5.3 from the 2023 LHIS report with no changes.
Regarding Recommendation 5.2, the AHAC requested additional information about how many ADUs are
currently in the City of Clearwater.
6) Parking Reductions
No discussion regarding parking or setback reductions occurred during the first AHAC meeting on September
10, 2024, or during the second AHAC meeting on October 28, 2024.
The AHAC made no changes to Recommendations 6.1 and 6.2 during the second AHAC meeting.
Upon review of current City practices, the AHAC continued Recommendations 6.1 and 6.2 from the 2023 LHIS
report with no changes.
7) Flexible Lot Configurations
No discussion regarding flexible lot configurations occurred during the first AHAC meeting on September 10,
2024, or during the second AHAC meeting on October 28, 2024.
The AHAC made no change to Recommendation 7.1 during the second AHAC meeting.
Upon review of current City practices, the AHAC continued Recommendation 7.1 from the 2023 LHIS report with
no changes.
8) Modification of Street Requirements
Street requirements were not identified as an affordable housing barrier during meetings with the AHAC and
City staff. Therefore, modification of the City’s existing street requirements was not recommended.
Upon review of current City practices, the AHAC made no change to the recommendation of “no
recommendation” as previously approved in regard to modification of street requirements.
9) Pre-Adoption Policy Consideration
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No specific issues with the City’s current pre-adoption policy consideration process were identified during
meetings with the AHAC and City staff. The current process is working.
The AHAC made no changes to Recommendations 9.1 and 9.2 during the second AHAC meeting.
Upon review of current City practices, the AHAC continued Recommendations 9.1 and 9.2 from the 2023 LHIS
report with no changes.
10) Inventory of Public Lands
During the second AHAC meeting on October 28, 2024, while discussing Recommendation 10.1, the AHAC asked
how much public land is available. The Consultant responded that there are currently 31 properties on the list.
City staff stated there are likely 30 properties currently (i.e., one less than the 31 counted when the list was
prepared). Implementation of Recommendations 10.1, 10.2, 10.4, and 10.5 is ongoing to meet requirements
under Florida Statutes.
The AHAC discussed Recommendation 10.4, with regard to repeat code violations. City staff provided
information about the process, coordination with code enforcement and the list of violations, and outreach to homeowners (e.g., postcard). City staff stated that no specific projects have resulted from that outreach. The
AHAC discussed whether or not to continue Recommendation 10.4, given that no projects have resulted. The
AHAC inquired about whether there is a list of properties that have been condemned and actions taken, and
how long they stay on the list. City staff explained that the City can assess fees and eventually foreclose on the
properties. City staff also explained that the degree of violations varies, as well as occupancy. The AHAC discussed how the current incentive (Recommendation 10.4) makes sense, but perhaps education about the
incentive is lacking. City staff stated that the outreach included direct contact information and links to the City’s
updated website for more specific information. The AHAC inquired about whether there is a specific agreement
with code enforcement for information sharing with the Economic Development & Housing Department. City
staff will research the question and respond.
The AHAC discussed Recommendation 10.5 and the policy/procedure for distribution of city owned lots. The
AHAC inquired about the scoring matrix for lot disposition. City staff stated that there are approximately 20
criteria considered, and that the developer fills out an application for lot disposition. Lots from the City’s
inventory of public lands, titled “Affordable Housing Inventory List” may be requested by a developer through
a competitive process. Currently, the lots on the list are multi-family or mixed-use sites, mostly in North
Greenwood. Lots on the list are approved or affordable housing and can be purchased or donated. If donated,
they must be developed for affordable housing. Lots on the list were acquired by the City over time for various
reasons.
The AHAC made no changes to Recommendations 10.1, 10.2, 10.3, 10.4, and 10.5 during the second AHAC
meeting. However, the AHAC may further discuss Recommendation 10.4 at the next meeting.
Upon review of current City practices, the AHAC continued Recommendations 10.1, 10.2, 10.3, 10.4, and 10.5
from the 2023 LHIS report with no changes.
Regarding Recommendation 10.4, the AHAC asked City staff whether there is a specific agreement with code
enforcement for information sharing with the Economic Development & Housing Department. Regarding
Recommendation 10.5, the AHAC requested the scoring matrix for the lot disposition policy/procedure.
11) Proximity to Transportation, Employment, and Mixed-Use Development
No specific issues with the City’s current policies regarding proximity to transportation, employment, and mixed-
use development were identified during meetings with the AHAC and City staff. The City’s current policies remain acceptable to the committee.
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The AHAC made no changes to Recommendation 11.1 during the second AHAC meeting.
Upon review of current City practices, the AHAC continued Recommendation 11.1 from the 2023 LHIS report
with no changes.
12) Additional – Adaptive Reuse
No specific issues with the City’s current policies related to adaptive reuse were identified during meetings with
the AHAC and City staff. The City’s current policies remain acceptable to the committee.
The AHAC made no changes to Recommendation 12.1 during the second AHAC meeting.
Upon review of current City practices, the AHAC continued Recommendation 12.1 from the 2023 LHIS report
with no changes.
13) Additional – Land Development Code No specific issues with the City’s Community Development Code were identified during meetings with the AHAC
and City staff.
The AHAC made no changes to Recommendation 13.1 during the second AHAC meeting.
Upon review of current City practices, the AHAC continued Recommendation 13.1 from the 2023 LHIS report
with no changes.
14) Additional – Communication/Marketing
During the second AHAC meeting on October 28, 2024, the AHAC recommended including partnerships with
lenders, realtors, title companies, inspectors, etc. as they relate to purchase of real estate with down payment
and closing cost assistance under Recommendation 14.1. Such recommendation should include meetings that
provide for questions and answers regarding the programs that are available through the City. The AHAC also
conveyed that contractors should have the opportunity to bid projects through a City-approved list to facilitate
assistance. The Consultant suggested that the recommendation be added under Recommendation 16.1, rather
than Recommendation 14.1, due to the topic addressed by Recommendation 16.1 (Partnerships).
The AHAC made no changes to Recommendation 14.1 during the second AHAC meeting.
Upon review of current City practices, the AHAC continued Recommendation 14.1 from the 2023 LHIS report
with no changes. However, the AHAC directed the Consultant to add the recommendation for specific
partnerships and an approved contractor list under Recommendation 16.1 (see below).
15) Additional – Financing
During the second AHAC meeting on October 28, 2024, City staff discussed whether there is chance that City
Council will change the City’s policies regarding reducing/paying code violation liens on lots suitable for
affordable housing. The Consultant responded that the AHAC may make recommendations to City Council through the LHIS report, where recommendations are presented to the City Council for consideration. The AHAC
discussed whether to remove or modify Recommendation 15.2 if there is no appetite for the incentive, but
ultimately decided to continue Recommendation 15.2 for another year.
The AHAC also discussed Recommendation 15.3 and whether City staff has sufficient funds and deems current staffing levels adequate. City staff responded affirmatively.
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The AHAC made no changes to Recommendations 15.1, 15.2, and 15.3 during the second AHAC meeting.
Upon review of current City practices, the AHAC continued Recommendation 15.1, 15.2, and 15.3 from the 2023
LHIS report with no changes.
16) Additional – Partnerships
During the second AHAC meeting on October 28, 2024, the AHAC recommended including partnerships with
lenders, realtors, title companies, inspectors, etc. as they relate to purchase of real estate with down payment
and closing cost assistance. Such recommendation should include meetings that provide for questions and
answers regarding the programs that are available through the City. The AHAC also conveyed that contractors
should have the opportunity to bid projects through a City-approved list to facilitate assistance.
The AHAC also discussed the need for consistency between entitlement communities in the region and their
qualification processes for assistance (i.e., improved regional coordination regarding program guidelines). These
currently differ from city to city, and county to county, within the region. The AHAC also recognized that the
City did increase the down payment assistance loan amount to help homebuyers. The timing of housing quality standard inspections is better than it was, but still not ideal. City staff responded that the City has been
collaborating during monthly meetings to align the down payment assistance and other programs to the degree
that such programs can be aligned. The AHAC noted that although the City has a great program, another
municipality has changed their guidelines to the detriment of homebuyers. City staff stated that inspections are
ordered right away; however, any instances of delayed inspections should be brought to City staff’s attention.
City staff also stated that they previously had a program where they facilitated monthly meetings regarding
available assistance. The AHAC suggested City staff coordinate with the Pinellas Housing Finance Authority and
their quarterly outreach efforts.
In response to the AHAC’s discussion regarding partnerships, the Consultant will draft modifications to Recommendation 16.1 for the committee’s consideration.
Upon review of current City practices, the AHAC will consider modifications to Recommendation 16.1 at the
next AHAC meeting on November 12, 2024.
Topics Not Previously Addressed
Upon completion of the review of current City practices and previous recommendations from the 2023 LHIS report,
the AHAC discussed other topics not previously covered. The AHAC expressed concern about the recent hurricanes
(Hurricane Helene and Hurricane Milton) and disaster relief funding. The committee was concerned about the
impact of the hurricanes on affordable housing, specifically the pausing of assistance or transfer of assistance funds
to disaster relief. The committee also discussed whether a needs assessment had been completed.
City staff provided information about the City’s disaster relief program, and noted that the down payment assistance
program, housing rehabilitation, and residential development program had been paused temporarily. City staff is
coordinating with Pinellas County, St. Petersburg, and Largo regarding their disaster relief programs. The City of
Clearwater’s program will roll out the week of October 28, 2024, and will aid with repairs necessary to avoid further
damage, reimbursement for emergency supplies, payment of insurance deductibles up to $10,000, rental assistance,
temporary offsite storage, inspections for safety/scope work, and other eligible activities under the SHIP program. City staff is awaiting complete data from the hurricanes to determine corresponding funding levels.
The AHAC inquired about persons that may have been under contract to purchase a property through the City’s
down payment assistance program, and whether those applications were paused. City staff clarified that only
unencumbered funds were paused. If the homebuyer has a contract and commitment letter, those funds would be
considered encumbered. However, the status would be verified by City staff on a case-by-case basis. City staff stated
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that guideline waiver requests were submitted to the state and federal government. The state waivers have been
approved, and the City is waiting on the federal waivers to be approved.
The AHAC inquired about the disaster relief program and the application process. City staff is accepting applications,
and information will be available on the City’s website, with a paper application to start and then an online
application in the future. In response to questions from the AHAC, City staff stated they are awaiting data regarding
damage assessments and how many homes were impacted. Although the City received a waiver from the state
regarding value, assistance will still be restricted to 120% AMI.
Public Comment
AHAC Chair, Robyn Fiel, invited public comment and asked if anyone was there to speak publicly. No persons
requested to speak publicly and there were no verbal or written public comments received at the second AHAC
meeting.
Next Steps
The Consultant will respond to AHAC direction to continue or modify recommendations as discussed during the
second AHAC meeting held on October 28, 2024. The Consultant will present the updated 2024 LHIS report at the
third AHAC meeting. The third AHAC meeting will be held on November 12, 2024, at 9:00 a.m., at the Clearwater
Main Library (100 N. Osceola Ave., Clearwater, FL 33755). If any AHAC members will be absent on November 12,
2024, questions or comments should be submitted in advance directly to Dylan Mayeux in the City’s Economic
Development & Housing Department.
Dylan Mayeux expressed appreciation for the committee members that were able to attend the rescheduled
meeting on short notice.
AHAC Chair, Robyn Fiel, adjourned the second AHAC meeting.
. . .
The committee is hereby reminded that the AHAC is a public advisory board and is subject to Florida’s “Sunshine
Law” therefore committee members may not discuss AHAC matters with other committee members outside of a
properly noticed and recorded public meeting. AHAC members are encouraged to contact City staff directly to
discuss AHAC matters.
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D.3 AHAC Meeting #3, November 12, 2024
2024 Update of Local Housing Incentive Strategies
AHAC Meeting #3 | November 12, 2024 | 9:00 a.m.
Clearwater Main Library (100 N. Osceola Ave., Clearwater, FL 33755)
MEETING SUMMARY
The City of Clearwater requested that Wade Trim facilitate an update of the City’s Local Housing Incentive Strategies
(LHIS) report, which was last updated in 2023. An 11-member Affordable Housing Advisory Committee (AHAC)
representing various affordable housing interests was appointed by the City Council on August 15, 2024 (Resolution
#24-11), to evaluate and update the 2023 LHIS report. The first meeting with the AHAC was held on September 10,
2024. The second meeting with the AHAC was originally scheduled to be held on October 8, 2024, but was postponed
until October 28, 2024, due to Hurricane Milton.
The third meeting with the AHAC was held on November 12, 2024, at Clearwater Main Library (100 N. Osceola Ave.,
Clearwater, FL 33755). Nine (9) AHAC members, City staff, and the City’s consultant attended the meeting:
• Robyn Fiel (Chair) Representative of the banking or mortgage industry in connection with
affordable housing
• Rick Vail Representative of the residential home building industry
• David Harder Representative of those areas of labor engaged in home building in connection
with affordable housing
• Christine Bond An advocate for low-income persons in connection with affordable housing
• Charessa Doty Representative of a not-for-profit provider of affordable housing
• Lindsay Dicus-Harrison Representative of those who are actively engaged as a real estate professional
in connection with affordable housing
• Linda Byars A citizen who resides within the City of Clearwater
• Cheri DeBlaere Representative of essential services personnel
• Mike Mannino A locally elected official – City Councilmember
• Jesus Niño City of Clearwater, CRA, Executive Director
• Dylan Mayeux City of Clearwater, Economic Develop. & Housing, Real Estate Coordinator II
• Terry Malcolm-Smith City of Clearwater, Economic Develop. & Housing, Housing Coordinator
• Dania Perez City of Clearwater, Economic Develop. & Housing, Programs Coordinator I
• Gina Clayton City of Clearwater, Planning & Development, Director
• Amanda Warner Wade Trim, Planner (City’s Consultant)
• Connor Baird Wade Trim, Planner (City’s Consultant)
Two (2) AHAC members were not in attendance: Michael Boutzoukas (Serves on the City of Clearwater’s local
planning agency – Community Development Board) and Camille Hebting (Representative of employers within the
City of Clearwater).
The purpose of the third AHAC meeting was to review the LHIS process and schedule; again confirm the affordable
housing values, principles, and vision statement; continue to review and discuss the contemporary barriers identified
by the AHAC during the first meeting on September 10, 2024; affirm the AHAC direction received on October 28,
2024, as to whether to maintain, modify, or remove recommendations from the 2023 LHIS report to address those
contemporary barriers; and to identify any new incentive recommendations in response to the AHAC’s evaluation
of the City’s current practices regarding affordable housing.
Welcome and Introductions
AHAC Chair, Robyn Fiel, called the meeting to order and asked the committee members to introduce themselves
and state the fields they represent.
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Approval of AHAC Meeting Minutes from October 28, 2024
AHAC Chair, Robyn Fiel, asked for a motion to approve the meeting minutes from October 28, 2024. A motion and
second was made, and the meeting minutes were approved by the committee.
Summary of Presentation to AHAC
AHAC Chair, Robyn Fiel, introduced the Consultant. Wade Trim Planner, Amanda Warner (Consultant), then
explained the purpose of the meeting and provided an overview of the agenda for the meeting, to include a presentation in Microsoft PowerPoint format and facilitated AHAC discussion.
The Consultant reviewed the LHIS update process and schedule of events toward approval/submittal. The schedule
of events included:
• Early August – City designates staff and selects AHAC members
• August 15, 2024 – City Council appoints members to AHAC
• September 10, October 28, and November 12, 2024 – AHAC meets to update LHIS report
• December 3, 2024 – AHAC holds public hearing to approve updated LHIS report
• December 19, 2024 – City Council holds public hearing to approve updated LHIS report for submittal to
Florida Housing Finance Corporation (FHFC) • December 31, 2024 – Deadline to submit LHIS report to FHFC
• March 31, 2025 – City Council to adopt amendments to LHAP to incorporate LHIS
• May 2, 2025 – Submit amended LHAP with proof of City Council approval to FHFC
During the first AHAC meeting on September 10, 2024, the AHAC made no changes to the affordable housing values,
principles, and vision statement previously included in the 2023 LHIS report prepared by the former committee.
During the second and third AHAC meetings on October 28, 2024, and November 12, 2024, the AHAC confirmed that
the existing affordable housing values, principles, and vision statement should be continued in the 2024 LHIS report
with no changes.
The Consultant reiterated the 11 incentive areas under Section 420.9076, F.S., and the additional five AHAC-initiated
incentive areas from the previous 2023 LHIS Report. The Consultant then presented the contemporary barriers to
affordable housing identified by the committee during the first AHAC meeting on September 10, 2024, and the status
of each existing recommendation based on City staff input regarding current City practices. If an AHAC-identified
barrier to affordable housing and corresponding incentive was already addressed by an existing recommendation
within the 2023 LHIS report, those recommendations were noted (i.e., starred) within the presentation. The
Consultant then provided a summary of the AHAC’s discussion from October 28, 2024, regarding each incentive area,
and the committee’s direction as to whether to maintain, modify, or remove existing recommendations. AHAC
direction from October 28, 2024, was further discussed with the committee on November 12, 2024
Committee Discussion
During the third AHAC meeting on November 12, 2024, the Consultant facilitated AHAC discussion of
recommendations for inclusion in the 2024 LHIS report. The discussion focused on strategies to address the barriers
and incentives identified by the AHAC during the first AHAC meeting on September 10, 2024, and the committee
direction received during the second AHAC meeting on October 28, 2024.
In summary from the previous two AHAC meetings, strategies are needed to address barriers such as renter cost burden, the high cost of rent/utilities, and transportation-related issues; rising interest rates and insurance costs for
homeownership; lack of affordable housing for senior citizens; investor real estate competition; and condominium
assessments. Strategies are also needed to support incentives such as accessory dwelling units or rental rebate
programs; density; and education/marketing.
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The following provides a summary of the committee’s discussion, as occurred on November 12, 2024, regarding
recommendations to incentivize the provision of affordable housing in the City of Clearwater.
1) Expedited Review
During the third AHAC meeting on November 12, 2024, the Consultant presented a summary of the AHAC
discussion from the first and second meetings on September 10, 2024, and October 28, 2024, and requested
confirmation regarding the committee’s direction.
On November 12, 2024, the AHAC confirmed modification of Recommendation 1.3 as shown in
strikethrough/underline:
1.3 Continue to improve customer service toward potential project applicants by:
. . .
• Providing a list of potential mentors experienced in affordable housing by
end of first quarter 2024 2025 and updated annually thereafter
. . .
The AHAC also confirmed modification of Recommendation 1.4 as shown in strikethrough/underline:
1.4 Develop by end of first quarter year 2024 and annually update thereafter a brochure and
other informational handouts to be published in a prominent location on the City’s
Affordable Housing webpage that explain the City’s development approval and permitting process to developers, incl. but not limited to:
. . .
City staff then provided information about how many permits were expedited using the “Request for
Expedited Permit Processing for Affordable Housing Activity” form, which totaled eight (8) expedited
permits. However, City staff stated the count does not show the full story because not all affordable housing
developers specifically request expedited permitting or identify affordable housing in their application
narrative. City staff will work with the Planning & Development Department and the City Clerk’s office
regarding how to better track affordable housing permits.
The AHAC inquired about the eight (8) expedited permits and asked if the applicant must identify their
application as expedited, or whether City staff (in house) identifies the permit as expedited. City staff
responded that the Planning & Development Department and/or the Economic Development & Housing
Department upon first contact will provide the applicant with a letter that confirms the application is for
affordable housing and qualifies for expediting permitting and associated incentives.
The AHAC also discussed how applicants work together with the Economic Development & Housing
Department to submit that letter with their initial permit application, which is part of the timeline for
submittal. The AHAC noted that there are likely more than eight (8) affordable housing projects in the City of Clearwater. The AHAC and City staff then discussed adding a checkbox to the permit application to make
it easier to identify affordable housing projects as they come in, and to move them into the expedited
permitting process.
The AHAC inquired as to whether the eight (8) expedited permits were single-family or multifamily, and
whether multifamily units were counted individually or as a project. City staff responded that they were
counted as a project. The AHAC asked whether the current permit application has a checkbox for affordable
housing. City staff responded that the current permit application does not have such checkbox. After
discussion, the AHAC recommended adding a checkbox to the permit application to designate the project
as affordable housing, so that such developments could be flagged early on.
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The AHAC made no changes to Recommendations 1.1 and 1.5 during the third AHAC meeting.
Upon review of current City practices, the AHAC confirmed the continuation of Recommendations 1.1 and
1.5 from the 2023 LHIS report with no changes, and the modification of Recommendations 1.3 and 1.4 as
shown above in strikethrough/underline.
In response to the AHAC’s discussion regarding expedited review and adding an affordable housing
checkbox to the City’s permit application, the Consultant will draft modifications to Recommendation 1.2
for the committee’s consideration.
Upon review of current City practices, the AHAC will consider modifications to Recommendation 1.2 at the
next AHAC meeting on December 3, 2024.
2) Modification of Fees
During the third AHAC meeting on November 12, 2024, the Consultant presented a summary of the AHAC
discussion from the first and second meetings on September 10, 2024, and October 28, 2024, and requested
confirmation regarding the committee’s direction.
In follow-up to questions raised during the second AHAC meeting on October 28, 2024, City staff provided
information regarding impact fee incentives in the City of Clearwater. During the third AHAC meeting on
November 12, 2024, City staff stated that funding for impact fees totaled $7,521, with a budgeted allocation
of $260,000 toward impact fee assistance.
No further discussion regarding the modification of fees occurred during the third AHAC meeting on
November 12, 2024.
The AHAC made no changes to Recommendations 2.1, 2.2, 2.3, or 2.4 during the third AHAC meeting.
Upon review of current City practices, the AHAC continued Recommendations 2.1, 2.2, 2.3, and 2.4 from
the 2023 LHIS report with no changes.
3) Flexible Densities
During the third AHAC meeting on November 12, 2024, the Consultant presented a summary of the AHAC
discussion from the first and second meetings on September 10, 2024, and October 28, 2024, including
support for better zoning strategies, including incentivizing reasonable higher density and vertical
development to allow multi-unit buildings on current lots. The Consultant and City staff also confirmed that
the Live Local Act Frequently Asked Questions (FAQ) resource was available and posted on the City’s
website. The Consultant then requested confirmation regarding the committee’s direction.
The AHAC made no changes to Recommendations 3.1, 3.2, or 3.3 during the third AHAC meeting.
Upon review of current City practices, the AHAC continued Recommendations 3.1., 3.2, and 3.3 from the
2023 LHIS report with no changes.
4) Infrastructure Capacity
The City’s infrastructure capacity was not identified as an affordable housing barrier. The City of Clearwater is nearly built-out and has sufficient infrastructure capacity for infill development. Therefore, there is no
need to reserve infrastructure capacity.
The AHAC continued the previous recommendation of “no recommendation” from the 2023 LHIS report
with no changes.
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Upon review of current City practices, the AHAC made no change to the recommendation of “no
recommendation” as previously approved in regard to infrastructure capacity.
5) Accessory Dwelling Units
During the third AHAC meeting on November 12, 2024, the Consultant presented a summary of the AHAC
discussion from the first and second meetings on September 10, 2024, and October 28, 2024, and requested
confirmation regarding the committee’s direction.
The AHAC confirmed that accessory dwelling units (ADUs) are an important incentive strategy for the City,
especially considering the lack of available land in Clearwater. However, there is a need for education
regarding ADUs, and that education aspect cannot be overstated. The committee noted that young first-
time homebuyers, fixed-income elderly, and persons with disabilities are the most challenged to find
housing in the City. ADUs can be a tool to fill those housing gaps, but education is critical. The committee
noted that components of ADUs can be restrictive (e.g., homestead exemptions, etc.), and that
coordination with the Pinellas County Property Appraiser is also critical. Another barrier to ADUs may be
limitations on who can develop an ADU (i.e., who can apply for an ADU building permit). The City’s code
requires that the property upon which the ADU is constructed be “owner-occupied”.
The AHAC inquired about Down Payment Assistance (DPA). City staff discussed burdensome monitoring
requirements surrounding ADUs developed with state or federal funding, in terms of ensuring long-term
affordability. The AHAC also discussed using CRA funding to support ADUs, and City staff discussed Down
Payment Assistance (DPA) and affordable housing in general as a key component of CRAs. The AHAC
inquired about what monitoring entails, and the definition of affordable housing in that context (i.e., 120%
AMI for SHIP). The AHAC also discussed rehabilitation loans regarding ADUs.
The AHAC suggested perhaps utilizing some of the funds for impact fee reduction to also reduce the cost of
ADU development. The AHAC also discussed programmatic concerns, density, and the context of small
projects due to limited land availability in Clearwater. After discussion, the AHAC recommended adding
educational and financial incentives (e.g., rebates, fee reductions, etc.) for ADUs to reduce barriers to
development of such units.
The AHAC made no changes to Recommendations 5.1, 5.2, and 5.3 during the third AHAC meeting.
Upon review of current City practices, the AHAC continued Recommendations 5.1, 5.2, and 5.3 from the
2023 LHIS report with no changes.
In response to the AHAC’s discussion about adding educational and financial incentives (e.g., rebates, fee
reductions, etc.) for ADUs, the Consultant will draft new Recommendation 5.4 for the committee’s
consideration.
Upon review of current City practices, the AHAC will consider new Recommendation 5.4 at the next AHAC
meeting on December 3, 2024.
6) Parking Reductions
No discussion regarding parking or setback reductions occurred during the first AHAC meeting on September 10, 2024, the second AHAC meeting on October 28, 2024, or the third AHAC meeting on
November 12, 2024.
The AHAC made no changes to Recommendations 6.1 and 6.2 during the third AHAC meeting.
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Upon review of current City practices, the AHAC continued Recommendations 6.1 and 6.2 from the 2023
LHIS report with no changes.
7) Flexible Lot Configurations
No discussion regarding flexible lot configurations occurred during the first AHAC meeting on September
10, 2024, the second AHAC meeting on October 28, 2024, or the third AHAC meeting on November 12,
2024.
The AHAC made no change to Recommendation 7.1 during the third AHAC meeting.
Upon review of current City practices, the AHAC continued Recommendation 7.1 from the 2023 LHIS report
with no changes.
8) Modification of Street Requirements
Street requirements were not identified as an affordable housing barrier during meetings with the AHAC
and City staff. Therefore, modification of the City’s existing street requirements was not recommended.
Upon review of current City practices, the AHAC made no change to the recommendation of “no
recommendation” as previously approved in regard to modification of street requirements.
9) Pre-Adoption Policy Consideration
No specific issues with the City’s current pre-adoption policy consideration process were identified during
meetings with the AHAC and City staff. The current process is working.
The AHAC made no changes to Recommendations 9.1 and 9.2 during the third AHAC meeting.
Upon review of current City practices, the AHAC continued Recommendations 9.1 and 9.2 from the 2023
LHIS report with no changes.
10) Inventory of Public Lands
During the third AHAC meeting on November 12, 2024, the Consultant presented a summary of the AHAC
discussion from the first and second meetings on September 10, 2024, and October 28, 2024, and requested
confirmation regarding the committee’s direction.
City staff stated that there is not a specific agreement with Code Enforcement for information sharing.
However, City staff did coordinate with Code Enforcement to obtain a list of all properties with fines and
then sent letters to those homeowners offering assistance through the City’s rehabilitation program.
The AHAC discussed prior Recommendation 10.4, regarding repeat code violations. The AHAC inquired
about properties with substantial fines and whether that would preclude such homeowners from obtaining
a rehabilitation loan. City staff explained that liens or judgements would disqualify them. The AHAC inquired
as to whether the City has a Code Enforcement Board. City staff responded that the Code Enforcement
Board meets monthly to review properties with active code violations. The homeowner receives a quarterly statement about such code violations, and any resulting liens for repeated noncompliance are recorded
with the City. City staff clarified that if a homeowner is actively working to resolve the code violation, it is
unlikely that case would go to the Code Enforcement Board. In such cases, a rehabilitation loan could help
the homeowner avoid further code enforcement action. The AHAC again emphasized the education aspect
of such a recommendation. The AHAC also noted that there is a dashboard on the City’s website to track
code enforcement issues throughout the City. Moreover, the AHAC emphasized the success of ongoing
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partnerships between City departments and developers to redevelop blighted properties. After discussion,
the AHAC decided not to modify Recommendation 10.4, but to continue the recommendation as written.
Regarding the City’s inventory of public lands, the AHAC inquired about how those properties were acquired
by the City. City staff responded that the properties were acquired in a variety of ways, such as tax liens or
intentional purchases for affordable housing. The barriers to those properties selling are lack of interest,
possibly due to their location, configuration, or zoning.
The AHAC made no changes to Recommendations 10.1, 10.2, 10.3, 10.4, and 10.5 during the third AHAC
meeting.
Upon review of current City practices, the AHAC continued Recommendations 10.1, 10.2, 10.3, 10.4, and
10.5 from the 2023 LHIS report with no changes.
11) Proximity to Transportation, Employment, and Mixed-Use Development
No specific issues with the City’s current policies regarding proximity to transportation, employment, and
mixed-use development were identified during meetings with the AHAC and City staff. The City’s current policies remain acceptable to the committee.
The AHAC made no changes to Recommendation 11.1 during the third AHAC meeting.
Upon review of current City practices, the AHAC continued Recommendation 11.1 from the 2023 LHIS report with no changes.
12) Additional – Adaptive Reuse
No specific issues with the City’s current policies related to adaptive reuse were identified during meetings
with the AHAC and City staff. The City’s current policies remain acceptable to the committee.
The AHAC made no changes to Recommendation 12.1 during the third AHAC meeting.
Upon review of current City practices, the AHAC continued Recommendation 12.1 from the 2023 LHIS
report with no changes.
13) Additional – Land Development Code
No specific issues with the City’s Community Development Code were identified during meetings with the
AHAC and City staff.
The AHAC made no changes to Recommendation 13.1 during the third AHAC meeting.
Upon review of current City practices, the AHAC continued Recommendation 13.1 from the 2023 LHIS
report with no changes.
14) Additional – Communication/Marketing
During the third AHAC meeting on November 12, 2024, the Consultant presented a summary of the AHAC discussion from the first and second meetings on September 10, 2024, and October 28, 2024, and requested
confirmation regarding the committee’s direction.
On November 12, 2024, the AHAC noted that an important communication strategy is the City’s water bill
mailings, which sometimes include information about the City’s programs. The AHAC complimented City staff on the success of those mailings as a communication strategy.
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The AHAC also discussed whether the term, “workforce” versus “affordable” housing should be used. That
discussion was expanded to the use of the term, “attainable” housing. After discussion, the AHAC
recommended adding the term, “attainable” housing to the terminology used when marketing and
communicating about affordable housing with the community.
In response to the AHAC’s discussion regarding “workforce” and “attainable” housing, the Consultant will
draft modifications to Recommendation 14.1 for the committee’s consideration.
Upon review of current City practices, the AHAC will consider modifications to Recommendation 14.1 at the
next AHAC meeting on December 3, 2024.
15) Additional – Financing
During the third AHAC meeting on November 12, 2024, the Consultant presented a summary of the AHAC
discussion from the first and second meetings on September 10, 2024, and October 28, 2024, and requested
confirmation regarding the committee’s direction.
On November 12, 2024, the AHAC discussed that affordable options for living in the City were limited but do exist.
The AHAC made no changes to Recommendations 15.1, 15.2, and 15.3 during the third AHAC meeting.
Upon review of current City practices, the AHAC continued Recommendation 15.1, 15.2, and 15.3 from the
2023 LHIS report with no changes.
16) Additional – Partnerships
During the third AHAC meeting on November 12, 2024, the Consultant presented a summary of the AHAC
discussion from the first and second meetings on September 10, 2024, and October 28, 2024, and requested
confirmation regarding the committee’s direction.
On November 12, 2024, the AHAC confirmed modification of Recommendation 16.1 as shown in
strikethrough/underline:
16.1 Develop public and private partnerships for the provision of affordable housing:
. . .
• Coordinate with Pinellas County joint programs for the provision of
affordable housing, including the Pinellas County Countywide Housing
Strategy, and Advantage Pinellas Housing Compact, and Pinellas Housing Finance Authority.
• Coordinate with other entitlement grantees in the region to improve
consistency, as feasible, between qualification criteria for housing
assistance programs.
. . .
• Partner with lenders, realtors, title companies, inspectors, and contractors
through regular outreach meetings to improve knowledge of the City’s
housing assistance programs and facilitate opportunities for qualified
contractors to bid projects. . . .
The AHAC briefly discussed realtor organizations in Pinellas County, and regional coordination. The AHAC
then continued the discussion of the potential for an approved realtor/lender/vendor list, which would
require entities to participate in a training program to qualify for the list. City staff expressed concern about the limitations of such a list. The AHAC described examples of other communities that have such a list,
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which involves training and periodic renewals. City staff conveyed that state and federal programs have
specific regulations to be considered. The AHAC expressed interest in adding language to promote training
to reduce mistakes that may affect the closing process. City staff stated that partners are provided guidance
(e.g., manual) during the process, but agreed that new lenders could be better educated.
Upon review of current City practices, the AHAC confirmed the modification of Recommendations 16.1 and
as shown above in strikethrough/underline.
In response to the AHAC’s discussion regarding an approved realtor/lender/vendor list and the need for further training/education (e.g., guidelines) about the process when using state or federal funding, the
Consultant will draft further modifications to Recommendation 16.1 for the committee’s consideration.
Upon review of current City practices, the AHAC will consider further modifications to Recommendation
16.1 at the next AHAC meeting on December 3, 2024.
Topics Not Previously Addressed
Upon completion of the review of current City practices and previous recommendations from the 2023 LHIS report,
the AHAC had the opportunity to discuss other topics not previously covered. One committee member commented about parking reductions and flexible standards, in the context of overcrowding of units and related parking
nuisances, and how the City enforces parking violations
Public Comment
AHAC Chair, Robyn Fiel, invited public comment and asked if anyone was there to speak publicly. One (1) person
requested to speak publicly and provided verbal comments regarding the terminology used to describe affordable
housing, and specific language in the AHAC recommendations. The person’s comments included concerns about
government overreach, utility fee increases, city management, and police reform.
There were no written public comments received at the third AHAC meeting.
Next Steps
The Consultant will respond to AHAC direction to continue or modify recommendations as discussed during the third
AHAC meeting held on November 12, 2024. The Consultant will present the updated 2024 LHIS report at the fourth AHAC meeting, which will be held as a public hearing. The fourth AHAC meeting will be held on December 3, 2024,
at 9:00 a.m., at the Clearwater Main Library (100 N. Osceola Ave., Clearwater, FL 33755). If any AHAC members will
be absent on December 3, 2024, questions or comments should be submitted in advance directly to Dylan Mayeux
in the City’s Economic Development & Housing Department.
AHAC Chair, Robyn Fiel, asked if Dylan Mayeaux had anything to add prior to adjournment. Mr. Mayeaux did not
have anything further to add. Ms. Fiel then adjourned the third AHAC meeting.
. . .
The committee is hereby reminded that the AHAC is a public advisory board and is subject to Florida’s “Sunshine
Law” therefore committee members may not discuss AHAC matters with other committee members outside of a
properly noticed and recorded public meeting. AHAC members are encouraged to contact City staff directly to
discuss AHAC matters.
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APPENDIX E: AHAC Recommendations
The following presents the AHAC’s updated recommendations as described in Section II of the LHIS report.
The AHAC reviewed the City’s current practices and held a public hearing on December 3, 2024, at which
the AHAC approved the following recommendations to incentivize the provision of affordable housing.
The AHAC’s recommendations will be presented to City Council on December 19, 2024.
E.1 Expedited Review Process
Recommendation 1.1 Continue to use the “Request for Expedited Permit Processing for Affordable
Housing Activity” form to fast-track affordable housing projects. Single-family
projects submitted with this form will receive priority during the permit review
process by completing reviews of single-family permit reviews within four days of
the initial submittal and within three days of all subsequent submittals.
Recommendation 1.2 The Assistant Director of Economic Development & Housing and Permit Manager
will continue to be the primary and secondary points of contact when submitting
multi-family affordable housing projects. Through close coordination, these two
staff positions will:
• Create and oversee an affordable housing “One Stop Streamline
Permitting Process.”
• Act as a liaison between the developer and all departments involved in
the review and permitting process.
• Organize and participate in the pre-application meetings.
• Provide necessary information and forms to the developer to avoid delays
during the application and review process.
• Create a process and definitive project requirement checklist for
affordable housing projects for each level of review and stage of
permitting, starting with an “affordable housing project” checkbox on
application form(s) as applicable.
• Create a definitive but feasible review timeline for affordable housing
projects considering variables such as the type, size and impact in the
community depending on the level of review and stage of permitting.
• Release to the applicant and all City departments involved at once,
written statements for additional requirements and project
determinations.
• Track the review process through the City’s online ePermit system.
• Report to the developer the status of the application.
Recommendation 1.3 Continue to improve customer service toward potential project applicants by:
• Maintaining a positive attitude
• Offering a quick response time via email or phone calls
• Making available project requirements and forms
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• Providing a list of potential mentors experienced in affordable housing
development by end of first quarter 2025 and updated annually
thereafter
• Utilizing new technology to enhance administrative efficiencies and to
educate developers about the City’s affordable housing incentives and
permitting process by means of link sharing, web forms, videos/webinars,
virtual meetings/forums, and other tools
Recommendation 1.4 Develop by end of year 2024 and annually update thereafter a brochure and other
informational handouts to be published in a prominent location on the City’s
Affordable Housing webpage that explain the City's development approval and
permitting process to developers, including but not limited to:
• Relationship between City and County policies and the regulation of land
use, density, and intensity
• City-sponsored incentives for affordable housing such as the "Request for
Expedited Permit Processing for Affordable Housing Activity" form,
Affordable Housing Density Bonus, Parking Reductions, and
Nonconforming Exemption for Affordable Housing
Recommendation 1.5 Encourage affordable housing developers of single-family homes to submit
frequently used building example plans for pre-screening by the Building Official
to further expedite the staff permit review process.
E.2 Modification of Fees
Recommendation 2.1 Coordinate with Pinellas County regarding data-based rate flexibility within the
multi-modal impact fee to support the provision of affordable housing.
Recommendation 2.2 Annually assess the financial, legal, and administrative feasibility of reducing,
refunding, or redefining (by unit size) the costs of impact fees and/or permitting
fees related to the development of affordable housing with the goal of being on
par with other municipalities in Pinellas County.
Recommendation 2.3 The Planning & Development Department will continue to implement the fee
Schedule of Fees Rates and Charges ordinance to provide for a reduction in the
Plan Review and Permit Fees for single-family homes.
Recommendation 2.4 The Economic Development & Housing Department will continue to assist with the
payment of Plan Review and Permit Fees and impact fees utilizing state and
federal funds designated for affordable housing.
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E.3 Flexible Densities
Recommendation 3.1 Continue to provide allowance of density flexibility for affordable housing
developments by City policy and to monitor State legislation regarding density
flexibility, including but not limited to the Live Local Act.
Recommendation 3.2 Maintain specific parameters to grant density flexibility for affordable housing
projects as allowed in the Community Development Code within the different
zoning districts.
Recommendation 3.3 Continue to define the density allowance for an affordable housing project as
part of a pre-application meeting prior to formal submission of the civil/site
engineering requirements.
E.4 Infrastructure Capacity
We do not recommend that the City of Clearwater include the reservation of infrastructure
capacity for housing for very-low-income persons, low-income persons, and moderate-income
persons as an incentive for the provision of affordable housing.
E.5 Accessory Dwelling Units
Recommendation 5.1 Continue to allow for accessory dwelling units in nonresidential zoning districts as
described within the City’s Community Development Code.
Recommendation 5.2 Implement City Council Comprehensive Plan Policy QP 6.1.7 and Policy QP 6.1.10
to allow accessory dwelling units by providing corresponding standards in the
CDC. Such standards may include:
• Maximum unit size, parking standards, setback, and height requirements
to facilitate review and to ensure neighborhood compatibility, which may
be presented using a pattern book or similar means to expedite approval.
• Occupancy/tenure requirements so that the principal dwelling unit
remains owner-occupied, the accessory dwelling unit is not used for short-
term rental, and the number of occupants is limited to that which is
reasonable for the unit size.
Recommendation 5.3 Provide flexibility for other alternative unit types such as co-housing to incentivize
unconventional solutions to address affordable housing needs and support aging-
in-place within existing neighborhoods.
Recommendation 5.4 Consider educational and financial incentives that reduce barriers to the
rehabilitation and construction of accessory dwelling units, such as information
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about the permitting process specific to accessory dwelling units, rebates, or other
fee reductions.
E.6 Parking Reductions
Recommendation 6.1 Continue to allow flexible setback requirements for affordable housing
developments.
Recommendation 6.2 Continue to tie reductions of off-street parking requirements to proximity and
access to alternative modes of transportation, including transit, sidewalks, trails,
or other options.
E.7 Flexible Lot Configurations
Recommendation 7.1 Continue to allow flexible lot configurations for affordable housing developments
while remaining sensitive to the character and context of existing neighborhoods.
E.8 Modification of Street Requirements
Because such standards are in place to benefit public health and safety, we do not recommend
that the City utilize the modification of street requirements as an incentive for affordable housing.
E.9 Pre-Adoption Policy Consideration
Recommendation 9.1 As part of its annual reporting, the Economic Development & Housing Department
will continue to review all regulations and ordinances that may affect the cost of
housing.
Recommendation 9.2 Continue the review process maintained by the Senior Executive Team through
which any new regulatory instrument created in the City (Ordinances, regulations,
etc.) or by related State legislation can be evaluated for its effect on housing
affordability.
E.10 Inventory of Public Lands
Recommendation 10.1 The Economic Development & Housing Department will continue to maintain the
inventory of publicly-owned land suitable for the development of affordable
housing.
Recommendation 10.2 Continue to publish the public land inventory owned by the City for affordable
housing, and a link to Pinellas County’s inventory, on the City’s webpage for
prospective developers and non-profit agencies for developing affordable
housing.
Appendix
Economic Development & Housing Department
Recommendation 10.3 Continue to make publicly-owned land available to prospective developers and
non-profit agencies for developing affordable housing.
Recommendation 10.4 The Economic Development & Housing Department will coordinate with the
Planning & Development Department to identify properties having repeat code
violations that may be suitable for rehabilitation, acquisition, or demolition for
affordable housing.
Recommendation 10.5 Continue to monitor the policy/procedure for distribution of city owned lots.
Consider including energy efficient items and related emerging technologies into
the scoring matrix to support environmentally friendly development in
partnership with the Greenprint 2.0 timeline.
E.11 Proximity to Transportation, Employment & Mixed-Use
Development
Recommendation 11.1 The City will maintain and implement policies of the City’s Comprehensive Plan
that incentivize affordable housing development proximate to transportation
hubs, major employment centers, and mixed-use developments.
E.12 Adaptive Reuse
Recommendation 12.1 Continue to allow and promote “adaptive reuse” involving the conversion of
surplus and/or outmoded buildings including old churches, school buildings,
hospitals, train stations, warehouses, factories, hotels, office buildings, malls, etc.
to mixed uses where permitted by zoning district or by the Live Local Act.
E.13 Land Development Code
Recommendation 13.1 Continue to incentivize developers to address recommended design standards for
affordable housing developments consistent with Sec. 3-920.A.3.c.i-iii. of the City
of Clearwater Community Development Code. Other criteria could include but are
not limited to:
• Provide direct and visual access to open space for residents.
• Consider play areas when developing family housing.
• Provide nighttime outdoor illumination for safety.
• Use landscape standards and buffers to screen nuisances and to separate
public and private areas.
• Centrally-locate common facilities.
• Use Crime Prevention Through Environmental Design (CPTED) when
practical and financially feasible.
• Include electric vehicle charging infrastructure.
Appendix
Economic Development & Housing Department
E.14 Communication and Marketing of Affordable Housing
Recommendation 14.1 Continue to improve current communication channels and marketing materials to
reach different stakeholders interested in affordable housing. Some of the
suggested actions include but are not limited to:
• Conduct an educational campaign, in conjunction with regular City
communications, to rebrand affordable housing as workforce or
attainable housing that supports the diverse needs of residents through a
variety of unit/product types compatible with the City’s neighborhoods.
• Partner with Amplify Clearwater and others to broadly promote the
benefits of, and opportunities for, affordable housing development in the
City and to communicate successes.
• Prepare, update, and keep current marketing materials for the general
public in order to promote the different housing programs that the City
offers, including homebuyer education and down payment assistance to
support homeownership.
• Prepare, update, and keep current marketing materials that help
developers and the general public to understand the application criteria,
permitting process, and the number of incentives available for
rehabilitation and new construction of affordable housing units in the
City.
• Make accessible to the public an inventory and a map of suitable
residential vacant land available for development.
• Include a section on the City’s webpage called, “Affordable Housing &
Community Development,” specifically dedicated to the promotion of
affordable housing.
• Share outcomes and analytics with appropriate City boards and
committees.
E.15 Financing
Recommendation 15.1 Diversify financial strategies to contribute to the new construction and
maintenance of affordable housing and financial assistance to obtain affordable
housing.
Recommendation 15.2 Evaluate the feasibility of reducing/paying code violation liens on lots suitable for
affordable housing development.
Recommendation 15.3 Ensure City staffing levels are adequate to achieve the AHAC recommendations of
the LHIS Report.
Appendix
Economic Development & Housing Department
E.16 Partnerships
Recommendation 16.1 Develop public and private partnerships for the provision of affordable housing:
• Prepare, advertise, and maintain an inventory of affordable housing
providers/developers and any other related organization.
• Encourage partnerships between current and new affordable housing
developers for mentoring and technical training.
• Establish partnerships with major employers to coordinate the supply of
workforce housing.
• Encourage and support joint development opportunities between the
private sector and non–profits to develop affordable housing.
• Engage lenders in training and ongoing discussion with the City relative
to underwriting and credit standards, technology solutions, as well as the
development of financial products in an effort to maximize the financing
options available to potential first-time homebuyers through
conventional and other lenders.
• Coordinate with Pinellas County joint programs for the provision of
affordable housing, including the Pinellas County Countywide Housing
Strategy, Advantage Pinellas Housing Compact, and Pinellas Housing
Finance Authority.
• Coordinate with other entitlement grantees in the region to improve
consistency, as feasible, between qualification criteria for housing
assistance programs.
• Monitor, and encourage citizens to lobby for, the development of
statewide legislative initiatives to gauge the local impact of their
provisions.
• Partner with lenders, realtors, title companies, inspectors, and
contractors through regular outreach to increase knowledge of the City’s
housing assistance programs, provide guidelines and training to improve
compliance, and facilitate opportunities for qualified contractors to bid
projects.
• Coordinate with the private sector and non-profits to provide homebuyer
education, home warranties, and other strategies that reduce the
ongoing maintenance risk of homeownership.
• Increase down payment assistance loan amounts to be viable for the
homebuyer while remaining financially feasible for the continued
operation of the City’s program.
• Improve the timing of Housing Quality Standards inspections to facilitate
closings on homes with down payment assistance loans, if feasible under
funding source requirements.
Appendix
Economic Development & Housing Department
• Partner with the private sector and non-profits to address third-party
barriers to affordable housing and to identify appropriate incentives to
reduce labor and material costs for developers and long-term
maintenance, operational, and insurance costs for homeowners.
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#24-1551
Agenda Date: 12/16/2024 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Finance
Agenda Number: 3.1
SUBJECT/RECOMMENDATION:
Ratify and confirm a not-to-exceed amount of $561,163.00 for restoration and mitigation work for Fire
Station 46, Beach Police Substation, Lifeguard Tower 0, Beach Marina Building, and variety of other
structures to SERVPRO of Largo as the general contractor for the remediation and recovery services
performed. (consent)
SUMMARY:
In the aftermath of Hurricane Helene on September 26-27, SERVPRO of Largo was activated by the city
to address several buildings that were flooded and damaged during the storm. The buildings damaged
included Fire Station 46, Beach Police Substation, Lifeguard Tower 0, Beach Marina Building, and
various other structures. SERVPRO is on our response contractor recommendation list from the city’s
insurance carriers/broker.
Work performed by SERVPRO varied depending on the damage to each building but included cleaning,
removal of debris/water, removal of carpet, flooring and drywall up to 24 in. above water line,
dehumidification to mitigate mold growth as well as sanitization, environmental testing, and
non-substantial reconstruction. Once the EOR inspected city buildings, SERVPRO was called in to
demo any non-cementitious walls that received flooding and to begin the cleaning and dehumidification
process.
Insurance recovery is anticipated for costs in excess of the deductibles.
APPROPRIATION CODE AND AMOUNT:
This work order will be funded in the Central Insurance Fund cost code 5907590-545900-D2402,
insurance claims liability - Hurricane Helene.
USE OF RESERVE FUNDS:
N/A
STRATEGIC PRIORITY:
· 1.2: Maintain public infrastructure, mobility systems, natural lands, environmental resources, and
historic features through systematic management efforts.
· 1.3: Adopt responsive levels of service for public facilities and amenities and identify resources required
to sustain that level of service.
Page 1 City of Clearwater Printed on 12/11/2024
Helene MiƟgaƟon Costs: Department DescripƟon/ Site Name Building Value (includes below grade) 5% DeducƟble/Min $100k SERVPRO INV NFIP policy FIRE 009‐ FIRE STATION #46 $7,851,000.00 $392,550 $58,571.80 $500,000 MARINE AND AVIATION 042A ‐ MARINA BUILDING $3,382,155.28 $169,108 $443,737.26 $500,000 FIRE 044 ‐ LIFEGUARD BUILDING $644,070.80 $100,000 $22,157.10 $500,000 MulƟple Environmental Reports (MulƟple LocaƟons.) $1,469,019.01 $73,451 $8,000 $500,000 POLICE 114 ‐ CLEARWATER BEACH POLICE SUBSTATION $1,937,967.98 $100,000 $28,696.84 $500,000 Total $15,284,213.07 $835,108.71 $561,163.00
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#24-1552
Agenda Date: 12/16/2024 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Finance
Agenda Number: 3.2
SUBJECT/RECOMMENDATION:
Ratify and confirm a not-to-exceed amount of $1,958,684.86 for the mitigation work for BayCare Ballpark
(Phillies Stadium), consisting of an estimated amount of $1,500,000.00 to SERVPRO of Montgomery as
the general contractor for mitigation work, $175,000.00 to Garland Solution Options for roofing repairs,
$33,784.86 to Bates Electric for electric repairs, and $249,900.00 to Turbo Link International, inc. for
equipment and padding replacement for the stadium. (consent)
SUMMARY:
In the aftermath of Hurricane Milton on October 9-10, SERVPRO of Montgomery and various city
contractors were activated by the city to mitigate and recover BayCare Ballpark (Phillies Stadium) due to
the flooding and damage caused by the storm. SERVPRO is on our response contractor
recommendation list from the city’s insurance carriers/broker.
Work performed by each contractor varied depending on the damage to the building but included
cleaning, removal of debris/water, removal of carpet, flooring and drywall up to 24 in. above water line,
dehumidification to mitigate mold growth as well as sanitization, equipment replacement, and selected
building maintenance contractors for roofing and electric repairs. Once the EOR inspected city buildings,
SERVPRO was called in to demo any non-cementitious walls that received flooding, remove contents,
remove flooring, and to begin the cleaning and dehumidification process.
Insurance recovery is anticipated for costs in excess of the deductibles.
APPROPRIATION CODE AND AMOUNT:
This work order will be funded in the Central Insurance Fund cost code 5907590-545900-D2501,
insurance claims liability - Hurricane Milton.
USE OF RESERVE FUNDS:
N/A
STRATEGIC PRIORITY:
· 1.2: Maintain public infrastructure, mobility systems, natural lands, environmental resources, and
historic features through systematic management efforts.
· 1.3: Adopt responsive levels of service for public facilities and amenities and identify resources required
to sustain that level of service.
Page 1 City of Clearwater Printed on 12/11/2024
Milton MiƟgaƟon & Equipment Costs: Department DescripƟon/ Site Name Building Value 5% DeducƟble DeducƟble/Min $100k Costs NFIP PARKS & RECREATION 163 ‐ SPECTRUM FIELD $43,730,000.00 $2,186,500 $1,500,000.00 $1,000,000 Bates Electric $33,784.86 Roof Proposal $175,000.00 Eq./Pads/Bat Eye $249,900.00 $43,730,000.00 $2,186,500.00 $1,958,684.86
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#24-0783
Agenda Date: 12/16/2024 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Parks & Recreation
Agenda Number: 4.1
SUBJECT/RECOMMENDATION:
Approve staff recommendations regarding policies for the use of ten event days at The BayCare Sound
and authorize the appropriate officials to execute same. (consent)
SUMMARY:
Section 3.11 of the Venue Agreement as amended between the City and Ruth Eckerd Hall, Inc. provides
for the city to use BayCare Sound for July 4 and July 5, and ten additional dates per calendar year
without having to pay rental or usage fees. The City must provide 180 days’ notice to reserve the date
for city events. Any unused event days expire at the end of the calendar year. To date the city has
used the venue or reserved the dates nine times for events like Coachman Park Grand opening, Publix
Rock’n Roll running series, MLK rally, Clearwater High School graduation etc.
The Parks and Recreation Department is responsible for providing programs and special events at
Coachman Park and The BayCare Sound. One of the goals of the Special Events Division is to provide
50 events in Coachman Park during FY 2024/25. Some of these events could be held in BayCare
Sound rather than in the Green in Coachman Park at an increased cost of between $255,000 and
$270,00.
Due to the additional cost associated with using the Venue, staff is recommending that these events be
held in Coachman Park on the Green rather than in The BayCare Sound. This will allow staff to
produce a variety of events that will be self-sufficient and more profitable than staging events in The
BayCare Sound.
In addition, staff is recommending the following policies relative to the use of the ten days at The
BayCare Sound.
1. Event organizers (other than the city) seeking venue usage and one of the 10 days at the venue will
follow the city co-sponsorship process and meet all criteria relating to use of the venue.
2.Events held in the venue and sponsored by the city must have a minimum estimated attendance of
2,000 participants.
3.Events held in Coachman Park by the city may choose to use a portion of the venue and be counted
as one event day.
4.For large community events the city can request to reserve the park as a hold date to avoid
conflicting events being held at the venue and in the park. The reservation of dates will be counted as
one event day.
5.Event organizers may go directly to REH to use the venue but will not be counted as one of the city
event days.
By adopting these policies all ten days allocated to the City through the agreement between the City and
REH will be used.
APPROPRIATION CODE AND AMOUNT:
N/A
USE OF RESERVE FUNDS:
N/A
STRATEGIC PRIORITIES:
Approval of this amendment supports several Strategic Plan Objectives, including:
·1.5: Embrace a culture of innovation that drives continuous improvement and successfully serves all
our customers.
·2.1: Strengthen public-private initiatives that attract, develop, and retain diversified business sectors.
Page 1 City of Clearwater Printed on 12/11/2024
File Number: ID#24-0783
·2.2: Cultivate a business climate that welcomes entrepreneurship, inspires local investment,
supports Eco-friendly enterprises, and encourages high-quality job growth. and
·2.3: Promote Clearwater as a premier destination for entertainment, cultural experiences, tourism,
and national sporting events.
Page 2 City of Clearwater Printed on 12/11/2024
VENUE LICENSE AGREEMENT
This Venue License Agreement (this "Agreement") is between the City of Clearwater,
Florida, a municipal corporation ofthe State ofFlorida (the "City") and Ruth Eckerd Hall, Inc.,
a Florida not-for-profit corporation ("Licensee" and collectively with the City, the "Parties").
BACKGROUND
The City is the owner of Coachman Park, located at 301 Drew Street in downtown
Clearwater, which the City is redeveloping to include a garden, playground, greenspace, and
gateway plaza, a 4,000 seat covered, waterfront amphitheater venue with additional lawn seating
for approximately 5,000 guests (the entirety of the Coachman Park complex, surrounding real
estate, parking areas, and improvements, the "Park"). The amphitheater, including covered
seats, stage, backstage, dressing rooms, lawn seating area, restrooms, and vendor areas, which
areas are described and depicted on attached Exhibit A, but excluding those areas outside the
blue and red fence perimeter depicted on Exhibit A, shall be referred to in this Agreement as the
Venue." Licensee has the necessary experience in the business of providing entertainment
management services of a public venue. The City desires to license the Venue to the Licensee
and engage Licensee to provide quality venue management services for concerts and other
events, including booking and scheduling services, production, marketing services, ticketing
services and food and beverage services for the express purpose of enhancing the public use and
enjoyment of the Venue.
NOW THEREFORE, in consideration of the mutual promise and covenants contained
herein, and for other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged the parties agree as follows:
Article I. License of Venue
1.1 License. The City hereby grants to Licensee a license (the "License"), for the
purposes set forth in this Agreement, to enter upon, use, occupy and exercise complete and
exclusive control ofthe Venue to use all rights of access to the Venue, and to utilize all City Assets
for each event. "City Assets" means the Venue and any furniture, fixtures, equipment, or assets
supplied by the City, including, but not limited to stage, temporary stage, floor, sound system,
lighting system, stage rigging, dressing area, stage equipment, barricade, seating, cabling,
communications and information systems equipment, and all appurtenant items owned by the City
and located at the Venue. Notwithstanding the foregoing, the parties agree as follows: (a) at all
times the City remains the owner of the City Assets; and (b) no real property interest is conveyed
to Licensee under this Agreement. Notwithstanding anything in this Agreement to the contrary,
the Licensee may perform maintenance and cleaning services at the Venue and on any City Assets,
and any maintenance, improvements, or replacements to any City Assets shall be reimbursed by
the City upon request by the Licensee.
Article II. Appointment of Licensee and Duties
2.1 Engagement of Licensee. The City hereby engages the Licensee and authorizes it
to take sole, entire, exclusive charge of operating the Venue, and City hereby agrees that it will
Venue License Agreement Page 11
not engage or assign any rights to another entity for the operation ofthe Venue, in whole or in part,
including but not limiting to operating and programming activities during the Term. The Licensee
hereby accepts the engagement and authorization and agrees to use its reasonable, good faith
efforts in light of market conditions and attendance patterns to secure, devise and promote live
entertainment and special events appropriate to the operation of the Venue (such events, and any
other events excluding City Events, the "Licensee Events"). Licensee will have sole administrative
and operational control over all events and activities conducted at the Venue, and sole artistic
control over Licensee Events. In addition to Licensee's own presentations, Licensee is responsible
for entering into agreements with third parties to use the facility and providing operational services
for all parties using the facility, including the City. Events shall be produced and promoted in
accordance with standard practices acceptable and common to the industry. Further, completion
of construction of the Venue and turnover to the Licensee shall be a condition precedent to the
effectiveness of any Licensee obligations hereunder.
2.2 Duties of Licensee. Licensee, at Licensee's cost, shall take such actions and
perform such duties as Licensee deems necessary and desirable for the management and operation
of the Venue, including, but not limited to the following:
a) Brand Development. Licensee, at its own expense will engage a marketing
firm to facilitate branding and positioning of the Venue. Deliverables include development of
Venue name, logo, style guide, promotion plan and media campaign, to be mutually agreed upon
by City and Licensee in their reasonable discretion. Licensee is responsible for selection of firm,
determination of services and expense of such services. Ownership of any deliverables will transfer
to the City at the end of the renewal term.
b) Marketing. The Licensee is responsible for advertising, marketing and
promotion of the Licensee's presentations at the Venue. Marketing services for events are
negotiated between the event organizer and Licensee, in Licensee's sole discretion. Licensee will
coordinate with the City on inclusion of Venue activities in the City's communications and
promotional efforts, except when closed to the public or prohibited by the event organizer.
Licensee reserves the right to promote its management of the Venue and events on the Licensee's
website, media channels, collateral and other public communications for the purposes of
institutional advertising, promotion, ticket sales and event services.
c) Employment of Personnel. During the Term, the Licensee shall, at its sole
cost and expense, select, train, schedule, and employ at the Venue such number of employees, as
it deems necessary or appropriate to satisfy its responsibilities hereunder. Such employees shall
not be deemed to be employees of the City. The employees shall be subject to the sole direction of
the Licensee, who shall have authority to hire, terminate, discipline and discharge any and all
personnel working for the Licensee at the Venue.
d) Event Bookings and Rentals. Licensee shall be solely responsible for Venue
calendar, scheduling, and event bookings. Licensee shall develop and maintain all schedules for
events held at the Venue, but the Licensee must produce a minimum ofthirty-five (35) events per
year, beginning in calendar year 2024, with no maximum. Each day of a performance hosted or
arranged by the Licensee shall count as an "event" for purposes of this subsection. City Events
Venue License Agreement Page 12
shall not count toward the minimum number of events. The Parties understand and agree that
Licensee shall be empowered to negotiate all agreements and set fee schedules in a manner deemed
by Licensee to be appropriate.
e) Property Security for Events. During preparation, occurrence, and clean-
up/tear down of any concert or live event at the Venue, Licensee may reasonably restrict access to
the Venue to patrons and other persons authorized by Licensee. Licensee shall be responsible for
hiring and supervising on-site security and public safety personnel for the Venue during events
Onsite Security"). To the extent that City police, fire, and/or emergency medical personnel are
required, the City Manager shall notify the Licensee of the staffing level required for each event
within thirty (30) days of the Licensee providing actual notice to the City Manager ofthe upcoming
event. With respect to rates, the rate paid to the shall be the City's minimum "extra duty" or "off-
duty" rate established in the City's collective bargaining agreements, if applicable; if a collective
bargaining agreement is silent as to rate, the rate shall be determined by the City Manager and
communicated to the Licensee at the same time as the staffing level. The City and Licensee agree
that staffing levels will vary based on expected attendance and activity, but the parties do not
intend for City requirements to exceed customary levels or cost for venues of similar capacity.
The Licensee is strictly prohibited from holding any event at the Venue without first requesting a
security review by the City Manager or in violation of the City Manager's security determination.
f) Cleaningfor Events. The Licensee shall be responsible for providing and
supervising all cleaning services to the Venue, except as otherwise provided in this Agreement.
g) Food and Beverage Services. Licensee shall have the exclusive right to
operate or contract for the operation of food and non-alcoholic beverage services, suite services (if
any), concession services, vending services and the service and sale of alcoholic beverages, at all
areas of the Venue. However, the Licensee shall be prohibited from serving alcoholic beverages
that compete with the Venue Sponsor's beverage products. Licensee shall comply with and
observe all federal, state, and local laws, ordinances, and regulations as to sanitation, serving hours
of alcohol, and the purity of food and beverages or otherwise relating to its operations. Any and
all profit or loss derived by said food and beverage services will be property of Licensee for any
events.
h) Operational Services. Licensee shall direct all services required to stage
set-up and tear -down) the Venue for each event including, without limitation, services involving
the stage area, event floor, sound system, lighting system, stage rigging, dressing area, stage
equipment, loading in and loading out. Licensee shall hire and manage all management staff,
ticket sales personnel, ushers, and other personnel required for the operation of the Venue
including; but not limited to, ticket -taking, novelty sales, program distribution and assistance to
patrons. Any expenses related to such services shall be borne by the Licensee with respect to any
Licensee Events, except to the extent the Licensee determines to charge third parties for such
expenses. Costs for such services will be borne by the City with respect to City Events as provided
in Licensee's standard usage policy, which will apply to such City Events.
i) Negotiate with Third Parties. Licensee may exclusively negotiate,
execute, deliver and administer any and all licenses, occupancy agreements, rental agreements,
Venue License Agreement Page 1 3
booking commitments, catering and concession agreements, decorating agreements, supplier
agreements, service contracts and all other contracts and agreements in connection with the
entertainment management, promotion and production at the Venue, all in a manner deemed by
the Licensee to be appropriate.
j) Parking Facility at the Venue. On days on which the Licensee is holding
or managing an event, and on any single day preceding the day on which the Licensee will hold
or manage an event, the Licensee shall staff and control the parking lot on the north side of the
Venue and depicted on Exhibit A (the "Venue Parking Lot"), and the City shall permit use by
patrons of the Venue and by the Licensee. During all other days and times, the Venue Parking
Lot shall be controlled by the City, and neither the Licensee nor the Licensee's patrons shall have
any right of access unless expressly granted by the City. The City shall, in the exercise of
reasonable discretion, design and erect signage or other markers reasonably appropriate to
facilitate the enforcement of this subsection.
k) Pedestrian Safety and Traffic Control. Licensee will pay for public safety
personnel needed on-site at the Venue for the safety of pedestrians entering and utilizing the
Venue. Licensee will work in good faith with City to maximize opportunities to alleviate
congestion through incentivizing patrons to arrive early, communicating best routes and parking
options, and encouraging alternative transportation such as ride share, Jolley Trolley, water taxi,
etc.
1) Compliance with Laws. In the operation of the Venue, the Licensee shall
materially comply with all laws, ordinances, and regulations applicable to it with respect to
operation of the Venue, including noise ordinances, as amended from time to time.
m) Program Sponsorships. Licensee shall negotiate, administer, and execute
in the Licensee's name, all Program Sponsorships and shall be responsible for all expenses
associated with securing and servicing such Program Sponsorships. For purposes of this
Agreement, "Program Sponsorships" means individual gifts, foundation grants, public grants, or
other program -related and event -related donations for Licensee Events including but not limited
to individual events, presentations, educational programs, community events (provided that they
do not constitute City Events), and event series. The Licensee shall notify the City Manager at
least thirty (30) days prior to agreeing or committing a Program Sponsorship to any corporate or
business entity that has not previously been reviewed by the City Manager. The City Manager
shall, in the exercise of reasonable discretion, review the proposed Program Sponsorship for two
purposes: first, to determine whether the proposed Program Sponsor competes with any Venue
Sponsor with whom the City has an existing partnership or with whom the City is presently
negotiating; and second, to determine whether the proposed Program Sponsorship qualifies as
governmental speech, and if so, whether the message associated with or from that Program
Sponsor is incompatible with the values or message the City desires to convey at its Venue. The
Licensee may, at its sole option, make this notification informally by telephone call to the City
Manager in lieu of written or electronic correspondence. If the City Manager finds that either
conflict exists, (s)he will veto the Proposed Sponsorship by notifying the Licensee within ten (10)
days. The Licensee will decline to enter into any Program Sponsorship so vetoed. If the City
Venue License Agreement Page 14
Manager fails to respond or expressly veto the Proposed Sponsorship within ten (10) days, the
Licensee may proceed with the Program Sponsorship, in the Licensee's sole discretion.
n) Ticketing and Customer Information. Licensee shall implement ticketing
system of its choice that will serve as the exclusive ticketing system of Venue. Licensee is
responsible for all revenues and expenses associated with ticketing system. Tickets will be
available for sale through the Licensee's regular sales channels and on-site on the day of an event.
Licensee may at its own discretion provide a temporary ticket booth and/or kiosks at the Venue.
Licensee shall determine service fees and any other ticket surcharges it wishes to and, except as
otherwise set forth herein, all income and expense derived from such tickets and fees are property
of Licensee. Event organizers may contract ticketing services according to Licensee's fee
schedule. For ticketed City Events, set-up fees will be waived with charges limited to labor and
credit card fees. Licensee is responsible and has sole custody of customer information including
but not limited to transactional history, phone numbers, email, and mailing addresses, in material
compliance with the Licensee's privacy policy and applicable law.
o) Maintenance. Licensee shall be responsible for maintenance of all assets
owned by the Licensee and shall keep such assets in good repair, normal wear and tear excepted,
and shall report any known issues related to the Venue or any other City Assets. Licensee shall,
in consultation with the City, conduct periodic risk management inspections. If and to the extent
that any maintenance or repairs are performed on the City Assets, for or on behalf of the City,
such maintenance or repairs shall be performed in a good and workmanlike manner and in
material compliance with applicable laws. Any repairs made to City Assets for and on behalf of
the City, shall be reimbursed within thirty (30) days of written request to the City.
p) Rules. Licensee shall establish and enforce, in its sole discretion, rules to
ensure health, safety, welfare and decorum in the use of the Venue consistent with industry
standards.
q) Licensee Asset. The Licensee shall provide assets of the classes set forth
on Exhibit B, and may provide certain other assets it deems necessary or convenient in the
operation of the Venue (the "Licensee Assets").
r) Venue Management. Licensee retains exclusive use of the Venue and
Licensee Assets and therefore, shall exclusively provide any food and beverage, operational, and
ticketing services, for all events, including City Events, unless otherwise agreed by the Parties.
s) Sustainability measures. The Licensee shall, in consultation with the
City's sustainability coordinator or other designated City employee, and in the exercise of
reasonable discretion, develop a sustainability plan to ensure that the Venue utilizes sustainable
and environmentally friendly practices. The Licensee shall report its sustainability plan to the
City Council at a public meeting within ninety (90) days ofthe effective date of this agreement.
Venue License Agreement Pagel 5
Article III. Responsibilities of City; City Events
3.1 Initial Construction ofVenue. City shall be responsible, at its sole cost and expense,
for the designing, planning, permitting, and construction of the Park, and specifically the Venue
and related improvements, which activities shall be conducted in good and workmanlike manner.
The City shall make good faith efforts to ensure that the initial construction of the Venue takes
place in a timely manner in order to ensure the ability of the Licensee to take possession with
sufficient time to install Licensee Assets prior to such date as provided in Section 3.2, below, and
conduct its first major concert, the date of which will be determined in good faith between the
Licensee and the City.
3.2 Pre -Opening Access. City shall provide adequate time for Licensee to install
Licensee Assets. Licensee will provide City with an installation timeframe by April 1, 2023, and
shall provide temporary access for installation of Licensee Assets on a date mutually agreed by
the parties, provided that such date shall be no later than June 10, 2023. It is understood that the
City is responsible for content and cost of a grand opening event, scheduled for July 4, 2023. In
keeping with Licensee's exclusivity with respect to the Venue, the City shall use Licensee for
support services for the grand opening event, including but not limited to stage operations,
concessions, and other operational services. The City shall reimburse the Licensee for any labor,
supply, and other out-of-pocket costs and expenses incurred by the Licensee in supporting the
grand opening event.
3.3 Securing the Venue. The City shall take all reasonable and necessary actions to
secure the Venue, and all portions thereof including all restrooms, the stage, and the covered
seating area, when not in use for events or preparation therefor. Such actions shall include, but not
be limited to, locking doors, fencing, and otherwise restricting access to the public as necessary
and/or reasonably requested by the Licensee to ensure the physical security of all City Assets and
Licensee Assets at the Venue.
3.4 Payments to Licensee. City covenants and agrees that it shall provide to Licensee
such sums as it is required to pay to Licensee as required under Sections 3.5 and 3.11 of this
agreement,
3.5 Venue Sponsorships and Associated Benefits. The City shall negotiate, administer,
and execute in the City's name, all Venue Sponsorships and Park Sponsorships. For purposes of
this Agreement, "Venue Sponsorships" means sponsorships for naming rights for the Venue and
any portion thereof, including suites, sections, concession areas, etc., pouring rights, and any other
sponsorship associated with the physical Venue and fixed infrastructure to the extent owned by
the City. The City shall engage a professional third -party sponsorship marketing entity to source
such Venue Sponsorships and Park Sponsorships with proceeds remitted to the City. The City and
any sponsors shall work in good faith with the Licensee in the negotiation, administration and
execution of any Venue Sponsorships or Park Sponsorships. The benefits available to the Venue
Sponsor, and compensation owed to the Licensee, shall be governed by the following terms:
Venue License Agreement Page 16
a) The Venue Sponsor shall receive ten (10) tickets to each Licensee event, for
the Venue Sponsor's sole use. These ten (10) tickets shall be located in the front section or highest
price section of Venue seating, as determined by the Licensee in the exercise of reasonable
discretion.
b) In return for providing these tickets to the Venue Sponsor, the Licensee shall
be compensated in an amount equaling the base printed value of each ticket, prior to or without
considering or adding any surcharges, donations, or fees.
c) In addition, each of these ten (10) tickets shall guarantee access at each
event to the Premium Area located adjacent to the stage, and depicted on Exhibit "D" of this
agreement, unless the Licensee has rented the Premium Area for the exclusive use by one party or
one legal entity. Each time the Licensee rents the Premium Area for the exclusive use by one party
or one legal entity for a particular event, the Licensee shall promptly notify the City and the Venue
Sponsor.
d) Ifthe Venue Sponsor or Park Sponsor requests food and beverage or other
services, the Licensee shall use best efforts to accommodate the request. To the extent that the
request is accommodated, the Licensee shall be compensated at commercially reasonable rates.
e) As to all compensation owed to the Licensee under this Section 3.5, the City
will either, depending on its contractual relationship with its sponsor, compensate the Licensee or
require the sponsor to compensate the Licensee. In either circumstance, the Licensee shall be
compensated within sixty (60) days of providing a detailed invoice with pricing that aligns with
the provisions of this Section 3.5.
0 Subject to ticket availability, the Licensee shall afford the Venue Sponsor
an opportunity to purchase additional tickets, beyond the ten (10) tickets described in this section.
The timing of this opportunity shall coincide with a pre -sale period determined by the Licensee,
in the exercise of reasonable discretion. Any additional tickets purchased by the Venue Sponsor
pursuant to this provision shall be paid by the Venue Sponsor at full retail price, including any
fees, surcharges, and taxes that would normally be assessed to any other retail purchaser.
3.6 Pedestrian Safety and Traffic Control. The City shall be responsible for any
personnel deemed necessary for pedestrian safety and traffic control in the areas surrounding the
Venue, including Coachman Park and downtown Clearwater.
3.7 Parking. City will permit the Licensee to use and manage the Venue Parking Lot
and traffic accessing the backstage area at any time on a day in which an event being operated or
managed by the Licensee is being held at the Venue, along with the day immediately preceding
the day of the event. In acknowledgment of contractual obligations with tours and certain artists,
the City will allow Licensee to reserve and utilize, free of charge, that portion on the south side of
the west end of Drew Street, between the entrances to the Coachman Park Fishing Pier and the
Waterfront Pier to accommodate, to park, secure, and provide power to tour buses and designated
vehicles. City agrees to work with Licensee to close certain portions of Drew Street to traffic on
show days, and on other days upon reasonable request of the Licensee for activities in support of
any events. However, any closure of Drew Street's westbound lanes shall be accomplished in a
Venue License Agreement Page 17
way that maintains a vehicle movement lane to accommodate emergency ingress to and egress
from nearby properties.
3.8 City Assets and Maintenance.
a) City shall supply and install all City Assets and any other equipment,
furnishings and expendables required to operate the Venue other than the Licensee Assets;
provided that Licensee may supply or install certain equipment, furnishings, or expendables for
and on behalf of the City upon the City's request and at the City's sole cost and expense.
b) City shall be responsible for repair, replacement, or alteration of City
Assets, including but not limited to conditions related to equipment or structure failure, change in
code requirements, recalls, fire safety, hurricane and emergency procedures, and conservation.
City shall be responsible for landscape maintenance of the Venue in conjunction with the Park.
City shall also ensure adequate services to maintain Coachman Park, more broadly, as a first-class
municipal park.
c) The City shall pay for, perform, direct and supervise any capital equipment
and capital improvement purchases, repairs and maintenance to the extent provided by the City
and will ensure any and all such repairs and maintenance obligations are performed in a good and
workmanlike manner, in material compliance with applicable laws, and are performed on schedule
and in a manner to ensure that the Venue remains a first-class Venue.
d) The City has the right to enter all portions of the Venue to conduct
inspections of its assets, perform its maintenance obligations, or otherwise carry out its rights under
this Agreement; provided, however, that the City shall provide reasonable advance notice to the
Licensee prior to entry upon the Venue and shall perform its obligations with minimal interference
with or disruption to any Licensee Events or the Licensee's work under this Agreement, generally.
3.9 Signage. All permanent signage, including wayfinding signage, interior, exterior,
and other permanent signs at the Venue and in Coachman Park shall be provided and maintained
in good condition by the City. Notwithstanding the foregoing, the City shall work in collaboration
with and in good faith with the Licensee to design the signage for the Venue.
3.10 Maintenance Fund. The City shall, on or before the Commencement Date,
establish and maintain a separate account from the City's general fund of [$100,000.00],
earmarked specifically and exclusively for the maintenance, repairs and replacement of City
Assets as needed at the Venue. The Maintenance Fund will be replenished by the ticket rebate
discussed in Section 5.1, below.
3.11 City Events. The City shall have the right to use the Venue, or any portion thereof,
for governmental purposes hosted by the City or staffed by City personnel, without payment of
any rental or usage fees, on July 4, July 5, and up to ten (10) additional dates per calendar year
during the Term (such events, "City Events"). For any City Event occurring on or before July 1,
2024, the City shall provide at least one hundred and twenty (120) days' notice to the Licensee
prior to scheduling the City Event. For any City Event occurring after July 1, 2024, the City shall
Venue License Agreement Page 18
provide at least three hundred and sixty-five (365) days' notice prior to scheduling the event. If
the City provides proper notice, the City shall have the right to schedule the City Event on the
day(s) indicated, unless the Licensee has a letter of agreement arranging a guaranteed
performance, show, or event on that date. For the avoidance of doubt, a temporary "hold" shall
not be considered a letter of agreement or scheduling conflict for purposes of this section. Any
unused City Events shall expire at the end ofeach calendar year and shall not be subject to rolling
forward to the next calendar year if unused. The City or organizer of the City Event shall use
Licensee for support services, including but not limited to stage operations, concessions, and
other operational services; provided, however, that the City shall not be obligated to use Licensee
if the City Event does not require a professional event manager, as determined in the reasonable
discretion of the City Manager. The City shall reimburse the Licensee for any hourly labor,
supplies, catering, and other documented out of pocket costs and expenses incurred by the
Licensee in connection with a City Event, such reimbursement without markup or profit, and
which reimbursement shall be due and payable upon receipt ofa reasonably detailed invoice from
Licensee documenting each cost for which reimbursement is sought. The City shall act in good
faith to avoid scheduling a City Event promoted by a person or entity that competes with the
Licensee, unless agreed by the Licensee that such event would not be a conflict.
3.12 Additional Events. Licensee will reserve the traditional dates for Ja77 Holiday
festival on an annual basis, contingent upon mutually agreeable terms between Licensee and the
event organizer. In addition, the Licensee will use reasonable efforts to work with other third
parties to organize certain community events on mutually agreeable terms. Remuneration and
contracting for Ja.77 Holiday and these additional events shall be separately negotiated between
the Licensee and the entity hosting the event. Such events may, in the sole discretion of the
Licensee, be subject to rental and/or usage fees, and shall not occur without an agreement
acceptable to the Licensee. For the avoidance of doubt, the City shall not be responsible for any
payment to Licensee in support of any such third -party events unless it expressly agrees
otherwise.
Article IV. Term
4.1 Term. Unless terminated earlier pursuant to the terms and conditions of this
Agreement, the initial term ofthis Agreement shall begin on the date hereof and shall continue for
a period of five (5) years from the Commencement Date unless earlier terminated pursuant to the
terms of this Agreement (the "Initial Term"). Provided that the Licensee is not then in default, the
Agreement will automatically renew for four (4) successive five (5) year periods thereafter (each,
a "Renewal Term," and the Initial Term and all Renewal Terms, collectively, the "Tenn") unless
written notice of election not to renew is given (a) if by the City, no less than twelve (12) months
prior to the expiration of the Initial Term or the then -current Renewal Term, as the case may be,
or (b) if by the Licensee, no less than six (6) months prior to the expiration of the Initial Term or
the then -current Renewal Term, as the case may be. For purposes hereof, the term
Commencement Date" means the date that the Licensee takes possession and control of the Venue
following completion of construction, which the parties intend to be on or before August 1, 2023.
4.2 Early Termination. This Agreement may be terminated early, consistent with the
provisions listed below.
Venue License Agreement Page 19
a) For Convenience. The City may terminate this Agreement on thirty (30)
days' prior written notice for any reason upon approval of the Clearwater City Council at a duly
constituted City Council meeting. The City shall provide Licensee no less than thirty (30) calendar
days' written notice of the meeting of City Council to determine termination of the Agreement.
The Licensee may terminate the Agreement upon six (6) months prior notice to the City for any
reason or no reason. Notwithstanding anything to the contrary in this Agreement, in the event the
City terminates this Agreement for convenience, the City is prohibited from self -promoting or
entering into a booking agreement, entertainment management agreement, or any like agreement
with an outside company to promote the events booked for the Venue by the Licensee prior to
termination of this Agreement.
b) For Cause. The non -defaulting party may terminate the Agreement upon
determination in good faith by the non -defaulting party that there was a material breach of the
Agreement that remained uncured following notice and opportunity to cure as provided in the
Terms and Conditions attached hereto as Exhibit C, and the termination will be deemed effective
immediately, or upon such other date as specified in a notice of termination, provided that
termination shall have been approved by the Clearwater City Council at a duly constituted City
Council meeting following failure to cure such material breach by the Licensee, with written notice
of such City Council meeting being provided to the Licensee no less than thirty (30) days prior
thereto.
4.3 Surrender; Effect of Termination. Upon termination of this Agreement,
permission to use the City Assets, including the Venue, shall be revoked. Thereafter, the Licensee
shall promptly vacate and surrender to the City the Venue and any City Assets contained therein.
In any event, such surrender shall be complete thirty (30) days following effective date of
termination.
a) Licensee Assets. The Licensee shall remove any Licensee Assets it
determines, in its sole discretion, to retain and make any repairs necessitated by such removal
within the period set forth herein. Understanding that Licensee will continue to invest in and
replace assets throughout the Term to maintain a first-class venue, upon termination or non-
renewal, City will purchase Licensee Assets that the Licensee determines to leave at the Venue
for the benefit of the City for the Asset Value. Licensee will submit a depreciation schedule of
Licensee Assets to the City annually. The "Asset Value" for Licensee Assets, at separation, shall
be determined as the undepreciated amount of original purchase price set forth on the most recent
depreciation schedule, or if fully depreciated, will be $10.
b) Expenses. Upon termination for any reason, City shall pay Licensee for
any services performed prior to the effective date of such termination, and any costs and
authorized expenses incurred through the effective date of such termination or necessitated by
the termination.
c) Event Cancellations. Upon termination by the City, and in addition to the
above, the City shall reimburse the Licensee for any Non -Recoverable Event Expenses. For
purposes hereof, "Non -Recoverable Event Expenses" means any costs or expenses incurred by
Venue License Agreement Page 1 10
the Licensee as a result of relocating or cancelling a Scheduled Event, including but not limited
to forfeited deposits, penalties, marketing expenditures, and transaction fees. The term
Scheduled Event" means an event scheduled to occur at the Venue during the notice period and
within eighteen (18) months of the effective date of termination for which the Licensee has sold
tickets to patrons or entered into a written or oral agreement for the event.
d) Liquidated Damages. In light of the difficulties in estimating the damages
for an early termination of the Licensee under this Agreement without appropriate notice, the
City and the Licensee hereby agree that if the City terminates the Licensee for convenience with
less than twelve (12) months' prior written notice, then the following liquidated damages shall
apply in addition to the provisions above, which liquidated damages the parties agree are
reasonable and intended as just compensation and not as a penalty or method to secure
performance:
i) Termination with less than six (6) months' notice. If the City
terminates this Agreement with less than six (6) months' notice, then the City shall pay the
Licensee an amount equal to One Million Five Hundred Thousand Dollars
1,500,000.00);
ii) Termination with less than twelve (12) but equal to or more than six
6) months' notice. Ifthe City terminates this Agreement with less than twelve (12) months'
notice, but equal to or greater than six (6) months' notice, then the City shall pay the
Licensee an amount equal to One Million Dollars ($1,000,000.00).
Article V. Compensation Matters
5.1 Ticketing; City Rebate. All revenue and/or expense derived from tickets and fees
are property of Licensee; provided, however, that the Licensee shall remit to the City a rebate
with dollar values dependent upon the ticket price, as follows, to be paid to City within thirty (30)
days following the end of each calendar quarter during which the event actually occurs: (a) for
tickets actually sold with a selling price of more than $10.00, the Licensee shall remit to the City
a rebate of $5.00 per ticket sold, of which $4.00 shall be paid to the City's general account, and
1.00 shall be paid to the Maintenance Fund; (b) for tickets actually sold with a selling price of
10.00 or less, the Licensee shall remit to the City a rebate of $2.00 per ticket sold, of which
1.00 shall be paid to the City's general account, and $1.00 shall be paid to the Maintenance
Fund; and (c) for free or complimentary tickets, excluding complimentary tickets provided to the
City, the Licensee shall pay to the City $1.00 per such ticket, the entirety of which shall be paid
to the Maintenance Fund. For clarity, a rebate for a ticket is only payable to the City following
the actual occurrence of the event for which the ticket was sold, and notwithstanding anything to
the contrary in this Section 5.1, no rebate whatsoever will be assessed or paid on any tickets that
were sold but later refunded or subject to chargeback.
5.2 Profit Sharing. Provided that its operations from the Venue generates at least an
eight percent (8%) profit margin to the Licensee, the Licensee shall make an annual payment to
the City, no later than one hundred twenty (120) days following the end of the prior calendar
Venue License Agreement Page 111
year, (the "Profit Share"), equal to twenty-five percent (25%) of the profits in excess of the 8%
profit margin.
5.3 City Ticket Allocation. In consideration for use ofthe Venue, the City will receive
six (6) tickets in the first five (5) rows of each event, plus six (6) additional tickets somewhere in
the highest price level for each event, plus twelve (12) additional tickets in a section of the
Licensee's choosing. These twenty-four (24) tickets shall be separate from and in addition to the
tickets described in Section 3.5. Each ticket described in this Section 5.3 shall entitle the
individual holding the ticket to access the Premium Area depicted in Exhibit "D," unless the
Premium Area has been rented by the Licensee for the exclusive use of a single party or legal
entity. The City will designate a liaison to the Venue for distribution of these tickets. The tickets
shall be distributed by the City, in its sole discretion, in accordance with City policy as amended
from time to time. These tickets are provided to the City in exchange for the City's use of the
Venue, and the City shall not be expected to purchase or separately remunerate the costs
associated with these twenty-four (24) tickets.
5.4 Venue Sponsorships or Park Sponsorships. Any and all revenue and/or expense
derived from any Venue Sponsorships and Park Sponsorships will be property of the City, but
the City shall reimburse or arrange for reimbursement to the Licensee for any expenses incurred
in servicing either of these sponsorships in the manner and to the extent provided in Section 3.5
of this Agreement.
5.5 City Information Rights. The Licensee will provide the City with a quarterly report
listing the aggregated number of tickets sold for all events held during the prior calendar quarter
and the number of free tickets provided, and the number of tickets refunded and chargebacks
suffered related to ticket sales during that prior quarter. In addition, the Licensee will meet with
a designee of the City on at least an annual basis each January to discuss revenues and expenses
generated from the Venue. At the annual meeting, the Licensee shall allow the City to review
and inspect sufficient financial data from the previous calendar year to confirm the calculations
and project anticipated revenue based on the distribution method contemplated by Sections 5.1
and 5.2 ofthis Agreement.
Article VL Insurance
6.1 Survival; Limitations. The obligations of the Parties under Section 6 shall survive
the expiration or termination of this Agreement. Other than as expressly set forth in this
Agreement, neither Party shall be liable or responsible for any indirect, incidental, punitive or
special damages, whether based upon breach of contract or warranty, negligence, strict tort liability
or otherwise, and each Party's liability for damages or losses hereunder shall be strictly limited to
direct damages that are actually incurred by the Party.
6.2 City Insurance Requirements. City shall be required to maintain, at its cost, property
insurance covering loss or damage to the City Assets, including the Venue, in an amount not less
than the full replacement value thereof, providing protection against all perils included within the
classification of fire, extended coverage, vandalism, malicious mischief, flood (in the event the
Venue is in a flood zone) special extended perils ("all risk", as such term is used in the insurance
Venue License Agreement Page 1 12
industry). In addition, the City shall name the Licensee as an additional insured under its excess
commercial general liability insurance policy if the excess carrier allows the City to name the
Licensee as an additional insured solely for the Venue any assets located therein.
6.3 Licensee Insurance Requirements. Licensee shall be required to maintain, at its
cost, the following policies of insurance with the following limits, maintained with a carrier having
an AM Best Rating of A -VII or better, with coverage on an occurrence basis or, if unavailable, on
a claims -made basis with a minimum three (3) year tail following termination or expiration of this
Agreement, and naming City as an additional insured on the policies. Copies of the insurance
policies shall be provided to the City within thirty (30) days of the commencement of the Term
and annually thereafter. The insurance limits set forth below may be achieved by a combination of
primary and umbrella/excess liability policies. Such policies shall provide thirty (30) days' written
notice to the City prior to any cancellation, nonrenewal, termination, material change, or reduction
in coverage, and shall be primary and non-contributory for Licensee's negligence.
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 One Million Dollars and 00/100 ($1,000,000) per occurrence and Two Million Dollars and
00/100 ($2,000,000) general aggregate.
b) Commercial Automobile Liability Insurance coverage for any owned, non -
owned, hired or borrowed automobile is required in the minimum amount ofOne Million Dollars
and 00/100 ($1,000,000) 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 Two Million Dollars and 00/100 ($2,000,000) 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) Crime and Employee Dishonesty Insurance coverage must include fidelity
insurance for reimbursement to an employer for these types of losses. Third -party fidelity
coverage is also required to cover the acts of an employee against an employer's clients. Please
provide coverage using ISO form CR 00 01 Employee Dishonesty Coverage Form or its
equivalent and shall include ISO endorsement CR 04 01 Clients' Property or its equivalent and
ISO endorsement CR 20 14 Loss Payable or its equivalent.
e) Workers' Compensation Insurance and Employer's Liability Insurance
with Workers' Compensation limits in statutory amount, unless waived by the State of Florida
and proof of waiver is provided to the City, and Employer's Liability Insurance in the minimum
amount ofFive Hundred Thousand Dollars and 00/100 ($500,000) each employee each accident,
Venue License Agreement Page 1 13
Five Hundred Thousand Dollars and 00/100 ($500,000) each employee by disease, and Five
Hundred Thousand Dollars and 00/100 ($500,000) disease policy limit. Coverage must be
applicable to employees, contractors, subcontractors, and volunteers, if any.
Article VII. Damage or Destruction to Premises
7.1 Partial Damage. If all or a portion of the Venue are partially damaged by fire,
explosion, flooding inundation, floods, the elements, public enemy, acts of terrorism, or other
casualty, but not rendered uninhabitable, the same will be repaired with due diligence by City at
its own cost and expense, subject to the limitations as hereinafter provided; if said damage is
caused by the grossly negligent acts or omissions of the Licensee, its agents, officers, or
employees, the Licensee shall be responsible for reimbursing City for the cost and expense, in
excess of the City's insurance coverage, incurred in making such repairs.
7.2 Extensive Damage. Ifthe damages as described above in "Partial Damage" are so
extensive as to render the Venue or a portion thereof uninhabitable, but are capable of being
repaired within a reasonable time not to exceed sixty (60) days, the same shall be repaired with
due diligence by City at its own cost and expense and a negotiated portion of the fees and charges
payable hereunder shall abate from the time of such damage until such time as the Venue is fully
restored and certified as again ready for use; provided, however, that ifsuch damage is caused by
the grossly negligent acts or omissions of the Licensee, its agents, officers, or employees, the
Licensee shall be responsible for the cost and expenses, in excess of insurance coverage, incurred
in making such repairs.
7.3 Complete Destruction. In the event all or a substantial portion of the VENUE are
completely destroyed by fire, explosion, the elements, public enemy, acts of terrorism, or other
casualty, or are so damaged that they are uninhabitable and cannot be replaced except after more
than sixty (60) days, City shall be under no obligation to repair, replace or reconstruct said Venue,
no payments will be required of either party until such time as the said Venue are fully restored.
If within three (3) months after the time of such damage or destruction said Venue have not been
repaired or reconstructed, the Licensee may terminate this Agreement in its entirety as of the date
of such damage or destruction. Notwithstanding the foregoing, if the said Venue, or a substantial
portion thereof, are completely destroyed as a result of the grossly negligent acts or omissions of
the Licensee, its agents, officers, or employees, City may, in its discretion, require the Licensee
to repair and reconstruct the same within twelve (12) months of such destruction and the Licensee
shall be responsible for reimbursing City for the cost and expenses incurred in making such
repairs.
7.4 Limits of City's Obligation Defined. In the application of the foregoing
provisions, City may, but shall not be obligated to, repair or reconstruct the Venue. If the City
chooses to do so, City's obligation shall also be limited to repair or reconstruction of the Venue
to the same extent and of equal quality as obtained by the Licensee at the commencement of the
Term. All redecoration and replacement of capital investment, including all City Assets shall be
the cost and responsibility of the City. The Licensee shall bear the cost of repair and replacement
of any Licensee Assets except to the extent that the damage or destruction is caused by City's
gross negligence or more culpable action or omission.
Venue License Agreement Page 1 14
Article VIII. Confidentiality
8.1 Confidentiality. The business of conducting and operating an entertainment venue
that offers live entertainment to the public on a contract basis and/or on the rental of the Venue
basis is a complex, multifaceted undertaking. The business itself, including the provision of
services as well as the booking ofentertainment is highly competitive between venues and between
the acts hired to perform. Negotiations are act specific and are affected by the choice of time of
the performance, the competition in markets where multiple venues exist, market conditions
generally, relationships within the industry, etc. Each contract entered into with an act is different.
Each contract negotiated with a service provider can be different than with any other venue. The
Licensee has the responsibility for the negotiation of and the contracting for services and the
booking of acts into the Venue. This process includes a high degree of confidentiality if the Venue
is going to be successful. The means and methods of negotiation and selected terms of service
contracts and booking contracts include information known only to certain employees of the
Licensee, which information is closely guarded by the Licensee. This results in less expense and
greater revenue to the Licensee, is information and know-how developed by the Licensee and its
employees over years of experience and would take significant time and expense for others to
duplicate. Accordingly, the Licensee shall maintain its trade secrets in the performance ofits duties
hereunder. Licensee shall identify any trade secrets in any communications with the City and shall
communicate those to the City only as required. The parties acknowledge that the City must
comply with the Public Records Law as to any records in the City's possession or control. To the
extent that the City receives a request that may be eligible for protection or redaction as a trade
secret, the City will promptly notify Licensee ofthe request. The City Attorney's Office will confer
with the Licensee or Licensee's legal counsel, but the parties recognize that the City must and will
ultimately determine whether records in its possession are releasable under Florida law.
Article IX. Miscellaneous
9.1 Representations and Warranties.
a) City represents and warrants to the Licensee the following:
i) All required approvals have been obtained, and City has full legal
right, power and authority to enter into and perform its obligations hereunder;
ii) This Agreement has been duly executed and delivered by City and
constitutes a valid and binding obligation ofCity, enforceable in accordance with its terms, except
as such enforceability may be limited by bankruptcy, insolvency, reorganization, or similar laws
affecting creditors' rights generally or by general equitable principles;
iii) The execution and delivery of this Agreement will not violate or
cause a breach (with or without notice or the passage of time) under any agreement, law,
ordinance, or other obligation to which City is bound;
Venue License Agreement Page 1 15
iv) There is no current, pending, or to the City's knowledge after due
inquiry, threatened, action or proceeding before any court or administrative agency to which it is
a party, questioning the validity of this Agreement, the relationship between the City and the
Licensee, or which appear likely to materially adversely affect the City's performance of its
obligations under this Agreement;
v) City is the owner of the Park and the Venue;
vi) City is financially capable to complete the construction of the
Venue and redevelopment of the Park, more generally, and shall proceed with diligence to
completion thereof;
vii) Upon delivery to the Licensee, the Venue shall comply with all
laws, ordinances, orders, rules, regulations and other governmental requirements relating to the
use, occupancy, and condition ofthe Venue for the purposes described herein, including, without
limitation, the Americans with Disabilities Act and the certificate of occupancy;
viii) All improvements in the Park, and specifically, the Venue, will be
constructed in a good and workmanlike manner, and said improvements and all other City Assets
are and will be in good working order and condition, free from defects in workmanship and
materials, and fit for the purposes for which they are provided; and
ix) City understands and acknowledges the following:
1) That the entertainment industry is extremely competitive
and contains substantial risk and volatility;
2) The Licensee is a nonprofit entity that operates other
venues in the area, including but not limited to Ruth Eckerd Hall and Bilheimer Capitol Theatre,
and provides booking and production services at various locations throughout the Tampa Bay
area; and
3) That performers and entertainers, and not the Licensee,
oftentimes choose or dictate what cities and venues at which they will perform, and that there
may be occasions where it is not economically feasible to schedule a performer into a venue the
size ofthe Venue, and that during a certain season, a performer or entertainer may play at another
venue managed by the Licensee.
b) Licensee represents and warrants to City the following:
i) All required approvals have been obtained, and Licensee has full
legal right, power and authority to enter into and perform its obligations hereunder;
ii) This Agreement has been duly executed and delivered by Licensee
and constitutes a valid and binding obligation by Licensee, enforceable in accordance with its
Venue License Agreement Page 1 16
terms, except as such enforceability may be limited by bankruptcy, insolvency, reorganization or
similar laws affecting creditors' rights generally or by general equitable principles; and
iii) There is no current, pending, or to the Licensee's knowledge after
due inquiry, threatened, action or proceeding before any court or administrative agency to which
it is a party, questioning the validity of this Agreement, the relationship between the City and the
Licensee, or which appear likely to materially adversely affect the Licensee's performance of its
obligations under this Agreement.
9.2 Notice. All notices, requests, demands, claims, and other communications hereunder
shall be in writing. Any notice, request, demand, claim or other communication
hereunder shall be deemed duly given when delivered personally to the recipient on a
business day prior to 5:00 P.M. local time, otherwise on the next business day, faxed
or emailed to the intended recipient on a business day prior to 5:00 P.M. local time,
otherwise on the next business day at the facsimile number or email address set forth
therefor below (with electronic confirmation of receipt and hard copy to follow), or
one business day after being sent to the recipient by reputable express courier service
charges prepaid) and addressed to the intended recipient as set forth below:
Ifto City:
City of Clearwater
Parks Department
100 South Myrtle Avenue
Clearwater, Florida 33756
Attention: James Halios
Email: jim.halios@myclearwater.com
Ifto Licensee:
Ruth Eckerd Hall, Inc.
1111 N. McMullen Booth Road
Clearwater, FL 33759
Attn: Susan Crockett, CEO
Email: s.crockett@rutheckerdhall.net
With copy to (which shall not constitute
notice):
City Attorney
600 Cleveland Street
Clearwater, Florida 33755
Attention: David Margolis
Email: david.margolis@myclearwater.com
With copy to (which shall not constitute
notice):
Macfarlane Ferguson & McMullen, P.A.
625 Court Street
Clearwater, Florida 33756
Phone: 727-444-1403
Attention: Brian J. Aungst, Esq.
Email: bja@macfar.com
9.3 Order of Precedence. In the event of any conflict between this Agreement and any
exhibits or other documents entered into in connection herewith, the provisions of this Agreement
shall prevail. In addition, the parties acknowledge that the City intends to enter into a separate
brokerage agreement relating to Venue Sponsorships and pouring rights across the City, including
the Park and Venue. The parties intend for this Venue License Agreement to be fully compatible
with any forthcoming agreement between the City and The Superlative Group, Inc. However, in
Venue License Agreement Page 1 17
the event of a latent or patent ambiguity requiring resolution, this Venue License Agreement shall
control.
9.4 Entire Agreement. This Agreement, the exhibits, and any documents executed in
connection with this Agreement, constitute and express the entire agreement ofthe Parties hereto
and no agreements, warranties, representations or covenants not herein expressed shall be binding
upon the parties.
9.5 Captions. Captions appearing before sections and articles in this Agreement have
been inserted solely for the purposes of convenience and ready reference. They do not purport to,
and shall not be deemed to, define, limit or extend the scope or intent of the section or articles to
which they pertain.
9.6 No Partnership or Joint Venture. Nothing herein contained is intended or shall be
construed in any way to create or establish the relationship ofpartners or ajoint venture between
City and Licensee.
9.7 Good Faith. It is agreed that both Parties shall perform their respective duties
under the terms ofthis Agreement in good faith.
9.8 Incorporation of Terms and Conditions. The terms and conditions set forth in
Exhibit C are incorporated into this Agreement.
Venue License Agreement Page 1 18
IN WITNESS WISE OF, this Agreement has been executed by the Parties and is
effective as ofthe r day of 2022,
APPROVED BY CITY THIS DAY OF CITY:
2022
THE CITY OF CLEARWATER, FLORIDA,
Countersigned: a municipal corporation of the State of Florida
ry
By: ---Cr(y--'
RANKHIBBARD,Mayor Name: N) ? C,fr)v-
Title:
Approved as to form: Attest:
DAVID MARGOLIS, City Attorney ROSE A IE CALL, as its Cit ler
J
k!
IED
LICENSEE:
RUTH ECKERD HALL, INC,,a Florida not-
for-profit corporation
a,
By:
Name: SUSAN CROCKETT
Title: CEO
Venue License Agreement Page 119
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Exhibit B
Preliminary Asset List (not finalized) rev 10.1.2022
Capital Inv Qty
839,990 STAGE/PRODUCTION EQUIPMENT
3 Phase Cam Locks - Is infrastructure provided to support video walls
Bus Hook-ups
Video Walls, IMAG REH 2
SpotLights REH 4
TV's REH 8
ClearCom REH 1
Live HD 4k Video Cameras
Additional Sound Equipment
REH 3
SM58- Shure Handheld Vocal mic (not wireless) REH 2
Shure SLXD24D/SM58-G58 dual wireless w/handheld transmitters REH 4
Shure KSM 137- Cardioid mic overheads & hat REH 1
DXR12- Yamaha loud speakers -stage wedges REH 4
Senn E609- Sennheiser mic for guitar amps REH 2
Shure Beta 52A- Drum mic REH 1
Shure Beta 87A- handheld Vocal mic REH 4
Midas M32 Console- preferred mixing console REH 2
Decibel monitoring equipment REH
673,588 FOOD & BEVERAGE EQUIPMENT
156,200 PATRON/FRONT OF HOUSE/SUSTAINABILITY
Seating City
Wayfinding Signage City
Listen Everywhere Wifi (ADA Hearing System) City
Mag Machines REH 12
Barricades REH 24
Projectors REH
Reusable Cup System (Turnsystems, rcup) REH
Solar Charging Station REH 2
Sustainable Waste Management (Covanta) REH
305,720 NETWORK/HARDWARE
Serverforinternet 1
Server/Router/Switches (lumped in for one estimate) 1
Wifi access points (lumped in for one estimate) 1
Cabling' 1
Server Rack With Power 2
Rack UPS Hotswap 1
Phone System 1
Laptops - Manager, TD, Security, HM, Cust Svc 8
Laptop/Tablets - Merch/Auction 2
F&B POS Hardware (Tablet, stand, case) 42
F&B POS Charging Station 2
Printers 3
BOCA Printers
Kiosks Ticketing
2
2
Kiosk Cash to Card 2
Scanners - Zebra TC72 / TC75 18
340,000 OTHER FF&E
Video Surveillance System City
TBD - Access Control / Alarm System
TBD - Marquee
TBD - VIP Furniture
TBD -Dressing, Room Furniture
TBD - Office Furniture
Radios/security and amp staff REH 50
Golf Carts (F&B, Prod, Security) REH 4
Privacy solution for short fencing REH
Storage Solution REH 1
Portable Merch Stand REH 1
Kubota RTV X110C REH 2
Kubota Lawn Sweeper Attachment REH 2
Kubota Yard Trailer REH 2
Kubota Street Sweeper Attachment REH 2
3500 Psi 4 GPM Pressure Washer/Sidewalk Attach REH 2
Misc Custodial Equip REH 1
200,000 START UP INVESTMENT
Branding & Launch Campaign, Opening Activities
2,515,498 Total Investment
REH
REH
VENUE LICENSE AGREEMENT
EXHIBIT C
STANDARD TERMS AND CONDITIONS
S.1 INDEPENDENT CONTRACTOR. It is expressly understood that the relationship of
Licensee to the City will be that of an independent contractor. Licensee and all persons
employed by Licensee, either directly or indirectly, are Licensee's employees, not City
employees. Accordingly, Licensee and Licensee'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.
Licensee employees will not be regarded as City employees or agents for any purpose,
including the payment of unemployment or workers' compensation. If any of Licensee
employees or subcontractors assert a claim for wages or other employment benefits
against the City, Licensee will defend, indemnify and hold harmless the City from all such
claims.
S.2 SUBCONTRACTING. Licensee may subcontract work under this Agreement without
the express written permission of the City, provided, however, that Licensee shall ensure
that all subcontractors performing work under the Agreement must comply with its
provisions. Further, all agreements between Licensee and its subcontractors must provide
that the terms and conditions of this Agreement be incorporated therein.
S.3 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 Licensee from any of its obligations and liabilities under the
Agreement.
S.4 SUCCESSORS AND ASSIGNS, BINDING EFFECT. This Agreement will be binding
upon and inure to the benefit ofthe parties and their respective permitted successors and
assigns.
S.5 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.6 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 Licensee.
S.7 TIME OF THE ESSENCE. Time is of the essence to the performance of the parties'
obligations under this Agreement.
S.8 COMPLIANCE WITH APPLICABLE LAWS.
a) General. Licensee must procure all permits and licenses, and pay all charges and
fees necessary and incidental to the lawful conduct of business. Licensee must
stay fully informed ofexisting 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. Licensee bears full responsibility
for training, safety, and providing necessary equipment for all Licensee personnel
to achieve throughout the term of the Agreement. Upon request, Licensee will
demonstrate to the City's satisfaction any programs, procedures, and other
activities used to ensure compliance.
b) Drug -Free Workplace. Licensee 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. Licensee will require a drug-free workplace for all Licensee
personnel working under this Agreement. Specifically, all Licensee personnel
who are working under this Agreement must be notified in writing by Licensee
that they are prohibited from the manufacture, distribution, dispensation, or
unlawful possession or use of a controlled substance in the workplace. Licensee
agrees to ensure that Licensee personnel do not use or possess illegal drugs while
in the course of performing their duties.
c) Federal and State Immigration Laws. Licensee 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. Licensee will ensure and
keep appropriate records to demonstrate that all Licensee personnel have a legal
right to live and work in the United States.
i) As applicable to Licensee, under this provision, Licensee hereby warrants
to the City that Licensee will comply with and ensure each of its
subcontractors are contractually obligated to comply with, all federal
immigration laws and regulations that relate to their employees
hereinafter "Licensee Immigration Warranty").
ii) A breach of the Licensee Immigration Warranty will constitute as a
material breach of this Agreement and will subject Licensee 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 Licensee
personnel who provide services under this Agreement to ensure that
Licensee or its subcontractors are complying with the Licensee
Immigration Warranty. Licensee agrees to assist the City in regard to any
such inspections.
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iv) The City may, at its sole discretion, conduct random verification of the
employment records of Licensee and any subcontractor to ensure
compliance with the Licensee Immigration Warranty. Licensee agrees to
assist the City in regard to any random verification performed.
v) Neither Licensee nor any subcontractor will be deemed to have materially
breached the Licensee Immigration Warranty if Licensee 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. Licensee 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. Licensee and
Licensee'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.9 SALES/USE TAX, OTHER TAXES. Licensee is responsible for the payment of all
taxes including federal, state, and local taxes related to or arising out of Licensee'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 Licensee
or any Licensee employees an employee of the City, or should anyone otherwise claim
the City is liable for the payment of taxes that are Licensee's responsibility under this
Agreement, Licensee will indemnify the City for any tax liability, interest, and penalties
imposed upon the City. Both City and the Licensee are exempt from paying state and local
sales/use taxes and certain federal taxes and will furnish an exemption certificate upon
request.
S.10 AMOUNTS DUE THE CITY. Licensee must be current and remain current in all
obligations due to the City during the performance of services under the Agreement.
Payments to Licensee may be offset by any delinquent amounts due the City or fees and
charges owed to the City.
PUBLIC RECORDS. In addition to all other contract requirements as provided by law,
the Licensee executing this agreement agrees to comply with public records law. The
Licensee'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 Licensee hereunder.
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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 ofthe contract
if the Licensee 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 Licensee or keep and maintain public records
required by the public agency to perform the service. If the Licensee transfers all
public records to the public agency upon completion of the contract, the Licensee
shall destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. If the Licensee keeps and
maintains public records upon completion of the contract, the Licensee 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
Licensee of the request and the Licensee must provide the records to the public
agency or allow the records to be inspected or copied within a reasonable time.
f) The Licensee hereby acknowledges and agrees that if the Licensee 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) If the Licensee fails to provide the public records to the public agency within a
reasonable time, it may be subject to penalties under Section 119.10, Florida
Statutes.
h) If a civil action is filed against the Licensee to compel production ofpublic records
relating to a public agency's contract for services, the court shall assess and award
against the Licensee the reasonable costs of enforcement, including reasonable
attorney fees, if:
1) The court determines that the Licensee unlawfully refused to comply with
the public records request within a reasonable time; and
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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 Licensee has not complied with the request, to the public agency
and to the Licensee.
i) A notice complies with subparagraph (h)(2). if it is sent to the public agency's
custodian of public records and to the Licensee at the Licensee's address listed on
its contract with the public agency or to the Licensee'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. If the
Licensee complies with a public records request within eight (8) business days
after the notice is sent, it is not liable for the reasonable costs of enforcement.
S.12 BACKGROUND CHECK. The City may conduct criminal, driver history, and all other
requested background checks of Licensee 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.13 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 Licensee'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) materially fails to carry out any
term, promise, or condition of the Agreement.
b) Licensee will be in default of this Agreement if Licensee is debarred from
participating in City procurements and solicitations in accordance with the City's
Purchasing Policy and Procedures Manual.
c) Notice and Opportunity to Cure. In the event a party is in default then the other
party may, at its option and at any time, provide written notice to the defaulting
party of the default. The defaulting party will have thirty (30) days from receipt
of the notice to cure the default; the thirty (30) day cure period may be extended
by mutual agreement of the parties, but no cure period may exceed ninety (90)
days. A default notice will be deemed to be sufficient if it is reasonably calculated
to provide notice of the nature and extent of such default.
d) Anticipatory Repudiation. Whenever the City in good faith has reason to
question Licensee's intent or ability to perform, the City may demand that
Licensee give a written assurance of its intent and ability to perform. In the event
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that the demand is made and no written assurance is given within fifteen (15)
calendar days, the City may treat this failure as an anticipatory repudiation of the
Agreement.
S.14 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 upon determination in
good faith by the non -defaulting party that there was a material breach of the
Agreement that remained uncured following notice and opportunity to cure as
provided in section 14(c), above, and the termination will be deemed effective, if
the non -defaulting party is the Licensee, immediately or upon such other date as
specified in a notice of termination, and if the non -defaulting party is the City,
then on such date as is determined by the Clearwater City Council at a duly
constituted City Council meeting following failure to cure such material breach
by the Licensee, with written notice of such City Council meeting being provided
to the Licensee no less than thirty (30) days prior thereto, and the termination will
be effective immediately or at such other date as specified by the City Council.
b) The non -defaulting party may purchase the services required under the Agreement
from the open market, complete required work itself, or have it completed at the
expense of the defaulting party. If the costs of obtaining substitute services
exceeds the contract price, the non -defaulting party may recover the excess costs
by: (i) requiring immediate reimbursement to the non -defaulting party; (ii)
deduction from an unpaid balance due to defaulting party; (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.15 CONTINUATION DURING DISPUTES. The parties agree that during any dispute
between the parties, each will continue to perform its obligations until the dispute is
settled, performance is enjoined or prohibited by judicial action, or the parties are
otherwise required or obligated to cease performance by other provisions in this
Agreement.
S.16 TERMINATION FOR CONVENIENCE. The City may terminate this Agreement on
thirty (30) days' written notice for any reason upon approval of the Clearwater City
Council at a duly constituted City Council meeting. The City shall provide Licensee no
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less than thirty (30) calendar days' written notice of the meeting of City Council to
determine termination of the Agreement. The Licensee may terminate the Agreement
upon six (6) months prior notice to the City for any reason or no reason.
S.17 TERMINATION FOR CONFLICT OF INTEREST - Florida Statutes Section 112.
Pursuant to F.S. Section 112, the City may cancel this Agreement after its execution,
without penalty or further obligation, if any person significantly involved in initiating,
securing, drafting, or creating the Agreement for the City becomes an employee or agent
of Licensee involved with the Venue.
S.18 PAYMENT TO CONTRACTOR UPON TERMINATION. Upon termination of this
Agreement, Licensee will be entitled to payment for those services performed up to the
date of termination, any authorized expenses already incurred up to such date of
termination, any costs incurred by the Licensee in connection with cancellation of any
events and/or bookings as a result of the termination, the then -current fair market value
of the capital expenditures made for the Venue by Licensee, and other items as described
in Section 4.3 of the Agreement. The City will make final payment within thirty (30)
calendar days after the City has received Licensee's final invoice.
S.19 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.20 WARRANTY. Each party warrants that the services and materials will conform to the
requirements of the Agreement. Additionally, each party warrants that all services will be
performed in a good, workman -like and professional manner. If any materials or services
are of a substandard or unsatisfactory manner as determined by the other party, in good
faith, the providing party, at no additional charge to the other, will provide materials or
redo such services until in accordance with this Agreement and to the other party's
reasonable satisfaction. Unless otherwise agreed, the City and Licensee warrant that
materials used will be new, unused, of most current manufacture and not discontinued,
will be free ofdefects 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.21 THE CITY'S RIGHT TO RECOVER AGAINST THIRD PARTIES. Licensee 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.
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S.22 USE OF NAME. Licensee 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.23 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.24 RISK OF LOSS. Except as otherwise provided in the Agreement, each party agrees to
bear all risks of loss, injury, or destruction of goods or equipment incidental to providing
any services, to the extent such party provides the services, and such loss, injury, or
destruction will not release the party from any obligation hereunder.
S.25 SAFEGUARDING CITY PROPERTY. Except as otherwise provided in this
Agreement, Licensee 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 Licensee or its employees to the extent that such damage is caused by gross
negligence of the Licensee or its employees.
S.26 WARRANTY OF RIGHTS. Each party warrants it has title to, or the right to allow the
other to use the materials and services being provided to the other and that the party
receiving materials or services may use same without suit, trouble or hindrance from
providing party or third parties.
S.27 PROPRIETARY RIGHTS INDEMNIFICATION. Without limiting the foregoing,
each party (the "Indemnifying Party") will without limitation, at its expense defend the
other party (the "Indemnified Party") against all claims asserted by any person that
anything provided by Indemnifying Party 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 Indemnified Party 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
Indemnified Party's use or operation of the items provided by Indemnifying Party
hereunder or any part thereof by reason of any alleged infringement, Indemnifying Party
will, at its expense and without limitation, either: (a) modify the item so that it becomes
non -infringing; (b) procure for the Indemnified Party 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 Indemnified Party 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
Indemnified Party may incur to acquire substitute supplies or services.
S.28 CONTRACT ADMINISTRATION. The agreement will be administered by the
Purchasing Administrator and/or an authorized representative from the using department.
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All questions regarding the agreement will be referred to the administrator for resolution.
Supplements may be written to the agreement for the addition or deletion of services.
Payment will be negotiated and determined by the contract administrator(s).
S.29 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, hostilities (whether declared or not), invasion, riots, civil
unrest, embargos or blockades, national or regional emergency, strikes, labor stoppages
or slowdowns or other industrial disturbances, telecommunication breakdowns, power
outages or shortages, inability or delay in obtaining supplies of adequate or suitable
materials, fire, explosion, other catastrophe or disaster, including epidemics, 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.30 COOPERATIVE USE OF CONTRACT. The City has entered into various cooperative
purchasing agreements with other Florida government agencies, including the Tampa Bay
Area Purchasing Cooperative. Under a Cooperative Purchasing Agreement, any contract
may be extended for use by other municipalities, school districts and government agencies
in the State of Florida with the approval of Licensee. 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.31 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.32 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.
C-9
S.33 INTEGRATION CLAUSE. The 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.34 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.35 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.36 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.
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FIRST AMENDMENT TO VENUE LICENSE AGREEMENT
This First Amendment to the Venue License Agreement ("First Amendment") is made
as of the Ito day of , 2024 by and between the City of Clearwater, Florida, a
municipal corporation here n referred as "City" and Ruth Eckerd Hall, Inc., a Florida not-for-
profit corporation "Licensee" and collectively with the City, the "Parties".
WHEREAS, the City and Licensee entered into that certain Venue License Agreement
dated December 12, 2022 for the Licensee to manage and operate an Amphitheater located
within Coachman Park described therein, and commonly known as The Sound; and
WHEREAS, the Licensee has successfully operated The Sound since June 2024, and
has met all parameters of the lease; and
WHEREAS, during the first twelve months of operation both the Licensee and the City
have determined that there are some portions of the agreement that need clarification; and
WHEREAS, the Licensee and City also agree that there are some additional portions
of the agreement that need to be modified and strengthened; and
WHEREAS, the Parties desire to amend the Agreement to reflect the terms as
provided for in this First Amendment.
NOW THEREFORE, in consideration of the mutual covenants contained herein, the
Parties agree to amend the Venue License Agreement as follows:
Recital. The foregoing recitals are true and correct and are hereby incorporated in and
form a part of this First Amendment.
Section 2.2(e) — PropertySecurityfor events" is hereby amended in title to say, "Section
2.2(e) — Safety ofAttendees at Events," and add the following language after the final
sentence in that section:
Clearwater Police, Fire and Parks and Recreation Departments representatives
will be notified via email by Licensee immediately when an event is confirmed.
Capacity for ticketed events using the green lawn east of the covered seats shall
be determined by City safety officials. The deadline to increase or decrease
attendance capacity shall be no later than twenty-one (21) calendar days before
the event unless otherwise agreed to by the parties. The parties have agreed to
standard seating configurations depicted in composite Exhibit "G". The Licensee
may use any of these standard seating configurations for its events. In the event
the Licensee desires to use a different seating configuration, or increase the
number of seats, the Licensee will submit the request to the City for approval
Page 1 of 14
prior to selling tickets for the event. The City will review the request and, within
the applicable law and ordinances, determine in the exercise of reasonable
discretion whether the request can be granted. City will respond to such
requests in a timely manner.
The City's standard operating procedure for Severe Weather is included as
Exhibit E, and both parties have agreed to follow the City's policy regarding
Severe Weather. The City shall not be responsible for any costs, loss of revenue,
incidental, or consequential damages as a result of an event the Licensee
cancels or is required to cancel as a result of the Severe Weather policy.
Section 2.2(h) — Operational Services" is hereby amended to add the following language
after the final sentence in that section:
Licensee shall be billed on a quarterly basis for electricity at the Venue, including without
limitation the main building and north restroom building. Concerning allocation of other
costs, Licensee also shall be billed and shall pay 100% of the cost of water, sewer, and
wastewater for the 11/2 inch meter that services the north restroom building (which is open
for Licensee or city events only). The City and Licensee each shalt be billed and shall pay:
50% ofthe costs of water, sewer, and wastewaterfor the 2 inch meter that services the public
restrooms and main building at the Venue; and 50% of the costs of water, sewer, and
wastewaterfor the 1½ inch meter that services the vendor areas in the plaza and in the green
the grassy area beyond the venue fencing near South Gate 2). The Licensee shall also be
billed and pay 25% of all fees and charges for solid waste and trash compaction services,
which will be billed to the Licensee by the City on a quarterly basis, and the City shall pay
75% of such solid waste and trash compaction fees and charges. The Licensee shall be
billed and pay the proportionate stormwater fees forthe Venue forthe impervious area which
is shown on Exhibit F, according to the City Code of Ordinances. The City shall pay the
portion of any stormwaterfees forthe balance of Coachman Park area not included in Exhibit
F, along with 100% of any gas fees incurred as a result of the gas torches affixed to the Venue,
and not seek reimbursement from the Licensee for either expense. The gas torches shall be
separately metered. Any future utilities installed by or at the request of the Licensee, such
as dedicated Wi-Fi for the Venue or cable television for the Venue, shall be paid 100% by the
Licensee, or the City shall be reimbursed 100% for those costs.
All removable seats may remain throughout the year, apart from twice a year when all
seats are removed for turf maintenance and deep cleaning (typically Summer and
Winter). The City shall notify the Licensee at least thirty (30) days in advance of
scheduled maintenance and deep cleaning. In addition, the Licensee shall remove
some or all seats at the City's request and Licensee's expense prior to scheduled City
Events.
The parties recognize that the Venue was designed to accommodate 4,000 persons
seated under the canopy. The Licensee may hold larger events by issuing tickets for
Page 2of14
customers to sit in the lawn area, in addition to the 4,000 persons who can be
accommodated under the canopy. However, the total occupancy of the Venue shall
be determined by the City in compliance with the Florida Building Code and Florida
Fire Prevention Code, as amended from time to time. The Venue was designed for
public restroom facilities in the building and adjacent freestanding facility in the Lawn
seating area serving the structure and up to 4,000 persons seated under canopy. If
the Licensee elects to hold larger events, exceeding 4,000 people, the Licensee shall
provide any portable or temporary restroom facilities the Licensee deems
appropriate, at the Licensee's sole cost.
Licensee will include small or private event rentals on the event calendar for City
reference. When a private event is held solely at or within The View, the public
restrooms and other public areas will remain accessible to the public using
Coachman Park.
Section 2.2(j) -- Parking Facility at the Venue" is hereby amended to add the following
language after the final sentence in that section:
Prior to and during an event, the south side of Drew Street adjacent to the Venue is
reserved for public safety vehicles and equipment; Licensee will utilize the north side
of Drew Street for operational use.
Section 2.2(1) -- Compliance with Laws" is hereby amended to add the following language
after the final sentence in that section:
In the operation of the Venue, the Licensee shall materially comply with all laws,
ordinances, and regulations applicable to it with respect to operation of the Venue,
including noise ordinances, as amended from time to time. Sound levels wilt be
monitored and recorded by Licensee and all records regarding sound must be
retained for a period of one year from performance date.
The parties have agreed to propose amendments to the City's noise ordinance that,
if adopted by the City Council, will expressly allow the Licensee to conduct sound
checks within a five-hour window before gates open for a scheduled event; however,
the proposed ordinance will not allow any sound check prior to 10:00 AM unless an
exception is approved in writing by the City Manager or designee. The parties agree
that unless and until the noise ordinance is revised by the City Council, the Licensee
shall continue to comply with the City's existing noise ordinance.
Regardless of whether the City's noise ordinance is amended, the Licensee wilt
maintain a community hotline for neighbors and citizens to report real-time issues
during the events including noise mitigation. Licensee will contact the complainant
within a period of two (2) business days from the complaint; keep a record of all
complaints; assist the City with complaints reported to City Council or other City
Page 3 of 14
officials within two (2) business days; and provide reports upon request from the City
regarding the number, type and resolution of the complaints received from the
hotline.
Section 2.2(o) — Maintenance" is hereby amended to read as follows:
Licensee shall be responsible for maintenance of all assets owned by the Licensee,
including any Wi-Fi used for operational purposes, and shall keep such assets in good
repair, normal wear and tear excepted, and shall report any known issues related to
the Venue or any other City Assets to the City's Venue Manager. The City is
responsible for general building maintenance and repairs throughout the Venue and
Coachman Park, including, without limitation, HVAC, Plumbing, Electrical and other
licensed tradeswork, and will perform these functions on weekdays between the
hours of 7:OOAM and 4:OOPM. If a repair is needed outside of these times, the
Licensee shall utilize one of the City's approved Mechanical, Electrical, and Plumbing
contractors from a list provided by the City's Building and Maintenance department.
For minor repairs and during emergencies, Licensee may utilize their own staff or
vendors to make the necessary repairs. The Licensee shall notify the City's Venue
Manager of such repairs as soon as practical after the repair commences, Licensee
shall, in consultation with the City, conduct periodic risk management inspections.
If and to the extent that any maintenance or repairs are performed on the City Assets,
for or on behalf of the City, such maintenance or repairs shall be performed in a good
and workmanlike manner and in material compliance with applicable laws. Any
repairs made to City Assets for and on behalf of the City, shall be reimbursed within
Thirty (30) days of written request to the City.
Section 2.2(r) -- Venue Management" is hereby amended to add the following language after
the final sentence in that section:
Licensee may stage vendors in the food court or any location within the boundaries
of the Venue, as well as other locations requested and approved by the City Manager
or their designee. Licensee shall fully reimburse the City for any damage caused by
Licensee vendors to City assets, including without limitation irrigation, electrical
boxes, plant material or other foliage, fences, or other City -owned equipment. Any
damage caused by Licensee vendors must be reported to the City as soon as
possible.
Waterfront access will be available to the public during concerts unless approved
otherwise by the City Manager or their designee. As stated in Section 2.2(h), when a
private event is held at The View, the park and main building restrooms will remain
open to the public.
Page 4 of 14
A new section is hereby created in the contract, to be titled, "Section 2.2(t) - Temporary
Fencing and Other Equipment Setup and Removal." This new Section 2.2(t) shalt read as
follows:
t) -- Beginning at 7:OOAM the day before a Licensee event, the Licensee may utilize
the Venue in a non-exclusive capacity to set up equipment such as tents, barricades,
tables, temporary fencing, and green privacy screening. The green privacy screening
may be affixed to the fence. However, the Licensee shall not be allowed to "stake" or
otherwise inert anyfencing, barricade, or other equipment into City property, such as
the City's landscape or hardscape, without advance written permission from the City.
In addition, while engaging in setup activities the day before an event, the Licensee
shall allow public access to the Venue except for the seating area located under the
canopy.
Notwithstanding the previous paragraph, the Licensee may restrict access to the
Venue the day before a scheduled event for the express purpose of conducting sound
checks or performing or supervising necessary repairs. The parties intend for such
restrictions to be used infrequently, and for public access to be restricted only to the
extent absolutely necessary for the Licensee to perform these functions.
Access to the main public restrooms will be accessible until three (3) hours prior to
the scheduled gate opening, except in the event of emergency closure.
After an event concludes, any privacy screening erected by the Licensee shall be
removed by the Licensee at its own expense within twenty-four (24) hours, unless a
different performer is scheduled by the Licensee to perform within five (5) days ofthe
event that most recently concluded. If a different performer is scheduled by the
Licensee within that five (5) day period, the Licensee may allow the privacy screening
to remain in place.
A new section is hereby created in the contract, to be titled, "Section 2.2(u) - Modifications
and Upgrades to the Venue." This new Section 2.2(u) shall read as follows:
u) - Licensee shall submit to the City in writing any requested or desired
improvements or modifications to the Venue. The City will determine on a case-by-
case basis whether to authorize the Licensee to perform the work at its own expense,
whether the City shall perform the work at Licensee expense, whether the City shall
participate or contribute financially to any upgrade, or whether to disapprove the
modification in whole or in part. Any modifications or upgrades to the Venue
performed by the Licensee must receive proper permits from the City.
Section 3.3 -Securing the Venue" is hereby amended to read as follows:
Page 5 of 14
Securing the Venue. The Licensee may, in its sole discretion, take reasonable and
necessary actions to secure the stage and the covered seating area when not in use
for events or preparation therefor. Such actions shall include, but not be limited to,
locking doors, fencing, and otherwise restricting access to the public as necessary
to ensure the physical security of all City Assets and Licensee Assets at the Venue.
Notwithstanding the previous paragraph, all agreed upon and allowed locations of
temporary and permanent fencing is depicted in Exhibit F. Any permanent and
temporary fencing shall be purchased and provided by the City. The Licensee shall
only use fencing provided by the City, or expressly approved in writing by the City. Any
physical alteration of the Venue other than fencing, such as the installation of new
doors, shalt be requested by the Licensee pursuant to the process described in
Section 2.2(u) of this First Amendment.
Section 3.5 - Venue Sponsorships and Associated Benefits" is hereby amended to read as
follows:
Venue Sponsorships and Associated Benefits. The City shall negotiate, administer,
and execute in the City s name, all Venue Sponsorships and Park Sponsorships. For
purposes of this Agreement, " Venue Sponsorships" means sponsorships for naming
rights for the Venue and any portion thereof, including suites, sections, concession
areas, etc., alcoholic and non-alcoholic pouring rights for all areas of Coachman Park
and the City, and any other sponsorship associated with the physical Venue and fixed
infrastructure to the extent owned by the City.
As one example of a Venue Sponsorship, the parties acknowledge the City's Naming
Rights Agreement with BayCare approved by the City Council on March 7, 2024. The
phrase "Venue Sponsor," as utilized in this First Amendment or elsewhere in the
original Venue License Agreement, shall now refer to BayCare, and may be used
interchangeably with BayCare.
While recognizing that the City owns the entire Venue, along with Coachman Park,
the City and, if applicable, its third -party sponsorship marketing entity, shall continue
to work in good faith with the Licensee in the negotiation, administration and
execution of anyVenue Sponsorships or Park Sponsorships. The benefits available to
the Venue Sponsor, and compensation owed to the Licensee, shall be governed by
the following terms:
Sectioh 3.5 - Venue Sponsorships and Associated Benefits" is hereby amended as to
subsections 3.5(b) and 3.5(f), with those subsections now reading as follows:
b) - The Licensee shalt donate the ten (10) tickets described in subsection 3.5(a) to
the Venue Sponsor at no cost to either the City or the Venue Sponsor.
Page 6 of 14
f) — In addition to the ten (10) donated tickets described in Subsection 3.5(b), but
subject to ticket availability, the Licensee shall afford the Venue Sponsor an
opportunity to purchase at least two (2) additional front section or highest price
seating tickets, as determined by the Licensee (the "Additional Tickets"). The timing
of this opportunity shall coincide with a pre -sale period determined by the Licensee,
in the exercise of reasonable discretion. Any Additional Tickets purchased by the
Venue Sponsor pursuant to this provision shall be paid by the Venue Sponsor at full
retail price, including any fees, surcharges, and taxes that would normally be
assessed to any other retail purchaser.
Section 3.5 — Venue Sponsorships and Associated Benefits" is hereby amended to create
new subsections 3.5(g), 3.5(h), 3.5(i), 3.5(j), 3.5(k), and 3.5(1), which shall add the following
new language:
g) — When the Licensee creates or publishes marketing materials or media buys
relating to the Venue, and said marketing materials or media buys contain a logo, the
logo shall be an approved Facility Logo, as that term is defined in that Naming Rights
Agreement between the City and BayCare approved by the City on March 7, 2024. In
addition, and without limiting the foregoing, the Licensee shall comply with the Style
Guide once finalized. The Licensee may propose a variance or departure from the
Style Guide, but the Licensee must first submit the proposal to the Venue Sponsor for
approval. Throughout this amended agreement, the phrase "Facility Logo" shall carry
the same meaning.
h) -- Licensee shall have sixty (60) days past the effective date of an agreement
between the City and Venue Sponsor to deplete any inventory with the Old Facility
Logo, as defined in that Naming Rights Agreement between the City and BayCare
approved by the City on March 7, 2024. The Licensee shall allow the Venue Sponsor,
at the Venue Sponsor's sole discretion, to purchase any inventory for destruction.
Said purchase, should the Venue Sponsor make this election, is intended solely to
reimburse the Licensee's actual costs; therefore, the purchase shall be without
markup. Any and all inventory purchased by the Licensee after the effective date of
this agreement shall, if appropriate for the inventory item purchased, include the full
name of the Venue, a Facility Logo, or both. As provided in the naming rights
agreement between the City and BayCare, approved by the City Council on March 7,
2024 ("Naming Rights Agreement"), BayCare (the "Venue Sponsor") will be
responsible for all costs associated with the creation and distribution of staff
uniforms bearing a Facility Logo.
i) -- Licensee shall atlowthe Venue Sponsor to reserve the VIP area —which is referred
to interchangeably as the View — to the extent provided in the Naming Rights
Agreement, upon request to Licensee, and if agreed to by Licensee, in its sole
discretion. Should the Venue Sponsor opt for use during a Licensee event, Licensee
will be compensated at the prevailing rate. To be clear, Licensee is not required to
Page 7of14
forego revenue associated with the View during or in connection with a Licensee
event.
j) -- Licensee will use best efforts, including supervision of its contractors and
performers, to minimize obstruction or concealment of any stage -adjacent signage
displaying a Facility Logo.
k) — The Licensee shall acquire and use the new domain name
www.TheBayCareSound.com as the primarywebsitefrom which customers can view
upcoming events at the Venue and purchase tickets. The Licensee shall be
responsible for hosting or contracting with a third party to host and maintain the
website.
1) -- Licensee agrees that all Licensee staff uniforms shall include a Facility Logo if
said uniforms are designed and produced at BayCare's expense pursuant to the City's
Naming Rights Agreement with BayCare approved on March 7, 2024. The City and
Licensee recognize the Licensee's authority to set uniform and dress code standards
for its employees, but the Licensee shalt not withhold authorization or prohibit its
staff from wearing uniforms bearing a Facility Logo if the costs were paid by BayCare
and the uniforms otherwise conform to Licensee standards. The Licensee shall
ensure that any and all use of the Facility Logo complies with the Style Guide referred
to in the City's Naming Rights Agreement with BayCare approved on March 7, 2024
m) — Licensee agrees that if the Licensee's technology allows, a Facility Logo will
appear on any and alt digital tickets sold by or issued by the Licensee. In such cases,
the Licensee shall in the exercise of reasonable discretion determine the location and
size of the Facility Logo on each digital ticket. If the Licensee's technology does not
allow a Facility Logo to appear, "The BayCare Sound" shall appear on the digital ticket
in lieu of a Facility Logo.
Section 3.8 — CityAssets and Maintenance" is hereby amended to create a new subsection
3.8(e), which shall read as follows:
e) — The City shall pay for and stock the supply closets at the Venue with paper
products, hand soap and cleaning supplies. The City is responsible for cleanliness of
the restroom facilities on the south side of the Venue until four (4) hours prior to a
Licensee's event, at which time the Licensee becomes responsible for cleaning and
supplying the restrooms. The Licensee will ensure that all restrooms are cleaned and
restocked at the conclusion of a Licensee event, regardless ofwhen the next Licensee
event is scheduled to occur. The Licensee may utilize the City's stock supply located
in the supply closet to perform the restock, but the Licensee shalt be responsible for
its own labor costs in performing its required cleaning and restocking.
Section 3.11 — City Events" is hereby amended to read as follows:
Page 8 of 14
The City shall have the right to use the Venue, or any portion thereof, for governmental
purposes hosted by the City or staffed by City personnel, without payment of any
rental or usage fees, on July 4, July 5, and up to ten (10) additional dates per calendar
year during the Term (such events, "City Events"). For any City Event occurring on or
beforeJuly 1, 2024, the City shall provide at least one hundred and twenty (120) days'
notice to the Licensee prior to schedulingthe City Event.
For any City Event occurring after July 1, 2024, the City shall provide at least one
hundred eighty (180) days' notice to Licensee prior to scheduling the event. The
Licensee shall then have five (5) business days to confirm that a performer is already
contractually obligated to perform on the day(s) of the requested City event. If a
performer is contractually obligated to perform on the date(s) in question, and the
Licensee identifies that performer or artist for the City's information, the City shall
select a different date for its City Event(s). However, if five (5) business days elapse
after the City notifies the Licensee of its planned City Event, and the Licensee has not
by the end of the five (5) day period advised the City of a conflicting contractually
confirmed performance, the City Event shall be held on the date identified by the City.
For the avoidance of doubt, a temporary " hold" shall not be considered a letter of
agreement or scheduling conflict for purposes of this section.
Any unused City Events shall expire at the end of each calendar year and shall not be
subject to rolling forward to the next calendar year if unused.
The City shall act in good faith to avoid scheduling a City Event promoted by a person
or entity that competes with the Licensee, unless previously agreed in writing by the
Licensee that such event would not be a conflict.
In regard to the use of professional venue management services at City Events, the
following provisions shall govern:
The licensee will retain exclusivity for concessions and ticketing services for all City
Events notwithstanding the following. When in the determination of the City Manager,
professional venue management services are not necessary for a City Event, the City
shall not be obligated to use the Licensee's stage management services (so long as
no professional stage management services are utilized). Otherwise, the Licensee
shall retain venue exclusivity for professional venue management.
The City at its discretion can procure specific services for a City Event at a cost
savings evidenced to Licensee in the following instances:
Where the City can secure rental equipment at a lower costs through a
vendor of its choice.
Page 9 of 14
Where the City can source backstage catering from another vendor at
a lower cost.
Where the City can utilize City services to clean and return the site to
pre -event conditions.
The City retains the right to determine appropriate number of event
staff for customer service when there is open seating and, may opt to
supplement or not with licensee and/or City staff.
The City acknowledges that when engaging other vendors, use of
Licensee's equipment by the City or its vendor may be restricted,
limited and/or require supervision, at Licensee's sole discretion.
For City Events in which Licensee services are used, the City shall reimburse the
Licensee for any hourly labor, supplies, catering, and other documented out of
pocket costs and expenses approved in advance by the City in support of the City
Event, along with any emergency or unforeseeable costs reasonably incurred by the
Licensee during the event or on the day of the event. Said reimbursement shall be
without markup or profit, and such reimbursement shall be due and payable upon
receipt of a reasonably detailed invoice from Licensee documenting each cost for
which reimbursement is sought.
The parties intend for the vast majority of City Events to be free to the public or
offered to the public at minimal cost of admission. In the event the City partners
with a for-profit entity to host or perform at a specific City Event, and the for-profit
entity sells any individual admission tickets to such City Event, and the face value of
any ticket to such City Event exceeds twenty-five dollars ($25.00), the City shall use
the Licensee for professional event management, notwithstanding the previous
paragraphs or any other provision in this First Amendment. Should the Licensee's
services be utilized pursuant to this paragraph, the City will pay Licensee (if required
by Licensee) a facility rental fee equal to fifty percent (50%) of its regular facility
rental fee. This fee will be billed to the City in a detailed, itemized invoice.
In addition to the ten (10) City Events and July 4, July 5, and July 6 (collectively, "the
Fourth of July events"), the City reserves the right to reserve the unshaded lawn
portion of the Venue at no cost to the City when no scheduling conflicts exist ("Lawn
Events"). To reserve a Lawn Event, the City must notify the Licensee of the City's
intended or tentative date. The tentative Lawn Event date must occur within sixty (60)
days of the City's notification to the Licensee. If the Licensee has been properly
notified, the Licensee shalt notify the City within three (3) business days whether the
Licensee has contractually confirmed a conflicting performance occurring on the
tentative date of the Lawn Event. In the event of such conflict, the Lawn Event shall
not occur. In the event that no conflict exists, or the Licensee fails to respond to the
Page 10 of 14
tentative Lawn Event within the allotted timeframe, the unshaded lawn portion shall
be reserved for the Lawn Event.
During Lawn Events, the City may, in its discretion, either utilize in-house staff or a
third -party vendor of its choosing to provide food and beverage or other services that
may be desired by the City for the Lawn Event. Similar to City Events, the parties
intend for the vast majority of Lawn Events to be available at no cost to the general
public, or at minimal cost. However, the City will use the Licensee for relevant
services in support of the Lawn Event if the City or a for-profit partner sells any
admission ticket to a Lawn Event which carries a ticket face value exceeding twenty-
five dollars ($25.00).
Unlike City Events, Lawn Events shall not be limited in number or by date. The City's
only restriction(s) on Lawn Events shall be the notification and conflict provisions
described in the previous paragraph.
The City shall not schedule any City Event or Lawn Event promoted by a person
or entity that competes with the Licensee, unless Licensee agrees inwritingpriortothe
schedulingof such City Event or Lawn Event.
Section 3.12 —Additional Events" is hereby amended to read as follows:
Licensee will reserve the traditional dates for Jazz Holiday festival on an annual
basis, contingent upon mutually agreeable terms between Licensee and the event
organizer. In addition, the Licensee will use reasonable efforts to work with other
third parties to organize certain community events on mutually agreeable terms.
Remuneration and contracting for Jazz Holiday and these additional events shall be
separately negotiated between the Licensee and the entity hosting the event
without the City's involvement. In the event that Jazz Holiday and the Licensee are
unable to agree on satisfactory terms, and the City decides to host or allow Jazz
Holiday elsewhere in Coachman Park (other than the Venue), then no portion of the
Venue shall be used by the Licensee or any of its contractors or private event guests
during Jazz Holiday scheduled performance days in the park. However, Jazz Holiday
may notify the Licensee at least one hundred and eighty (180) days prior to the first
day of the third week in October that the Jazz Holiday event for that year will occur
on a different week. If such notification is made, the revised dates shall serve as the
Jazz Holiday event dates for purposes of this section. For the avoidance of doubt,
the City shall not be responsible for any payment to Licensee in support of Jazz
Holiday or any other third -party event unless the City expressly agrees otherwise.
Section 5.2 —Profit Sharing" is hereby amended to read as follows:
Provided that its operations from the venue generates at least an eight percent (8%)
profit margin to the Licensee, the Licensee shall make an annual payment to the
Page 11 of 14
City, no later than one hundred twenty (120) days following the end of the City's prior
fiscal year, (the "Profit Share"), equal to twenty-five percent (25%) of the profits in
excess of the 8% profit margin.
Section 5.5 - City information Rights" is hereby stricken and deleted in its entirety, and
replaced with the following:
Records and Right to Audit. The Licensee will provide the Citywith a quarterly report
listing the aggregated number of tickets sold for all events held during the prior
calendar quarter and the number of free tickets provided, and the number of tickets
refunded and chargebacks suffered related to ticket sales during that prior quarter.
In addition, the Licensee agrees to keep alt books, accounts, records, and other
documents covering all transactions relating to this Agreement in accordance with
generally accepted accounting principles for a period of five (5) years and for such
additional reasonable period as the City may request.
The City shall have the right, up to four (4) times per calendar year, with said dates
determined in the City's discretion upon at least ten (10) calendar days' notice to the
Licensee, to fully examine such books, accounts, and records and all other
documents and material in Licensee's possession or under its control, with respect
to the City Ticket Allocation, City Ticket Rebate, Profit Sharing, including gross sales
and associated expenses, in addition to Program, Venue and Park Sponsorships, in
accordance with the terms of this Agreement for the purpose of validating the
documentation and calculations that support all payments to the City.
The City reserves the right to conduct or cause to be conducted an independent audit
of any financial transaction under this Agreement, or other terms of this Agreement,
and such audit may be performed by the City's audit staff, a certified public
accountant firm, or other auditors designated by the City and will be conducted in
accordance with applicable professional standards and practices.
The acceptance by the City of any statement by Licensee, or of any payment, shall
not be deemed a waiver of the right of the City to claim additional payment after a
review and inspection of Licensee's books and records nor shall such acceptance
constitute a waiver by the City of any claim for a refund from Licensee for any
overpayment.
Section 9.3 - Order of Precedence," is hereby stricken and deleted in its entirety, and
replaced with the following:
The Parties acknowledge that the City, as the entitythat owns and paid forthe Venue,
has previously entered into separate, third -party agreements with The Superlative
Group, Inc. and with BayCare. To promote a harmonious and consistent experience
Page 12 of 14
for all involved entities, vendors, and guests, the City authorizes the Licensee to enter
into a separate Memorandum of Understanding ("MOU") or side agreement relating
to the Venue with either or both of these entities. The Licensee shalt promptly provide
the City a copy of any proposed MOU or side agreement between the Licensee and
BayCare, or the Licensee and The Superlative Group, Inc. The City may, in its sole
discretion, elect to join said agreement(s) as a party.
Nothing in this First Amendment shall entitle the Licensee or any other entity to enter
into any agreement affecting or relating to any City property or City assets outside of
the Venue, unless the City has granted this right by written contract or other written
permission.
While the Parties intend for all agreements to interact seamlessly and be given
maximum effect, the Parties recognize that latent or patent ambiguities may arise, or
inadvertent conflicts may be created. In the event of a conflict or ambiguity, the order
of precedence shalt be as follows, from the most controlling agreement to the least
controlling:
The "Naming Rights Agreement" entered into between the City and BayCare
on or around March 7, 2024.
This "First Amendment to Venue License Agreement" entered into between
the City and the Licensee, which the Parties expect to execute in July of 2024.
The original "Venue License Agreement" entered into between the City and
the Licensee on or around December 15, 2022.
The "First Amendment to the Professional Services Agreement Between the
City of Clearwater, Florida &The Superlative Group," entered into between the
City and The Superlative Group on or around February 2, 2023.
Any supplemental or side agreement entered into between the Licensee and
BayCare, or the Licensee and The Superlative Group, Inc., regardless of the
date on which said agreement is executed.
Page 13 of 14
CITY OF CLEARWATER, FLORIDA
Jen
City Man -:er
Approved as to form:
David Margolis
City Attorney
Signatures e<4,4
rant Name
11rt C ,ice
Address l _ f 337(1
City, State, Zip Code
Si nature
STI E A PR fPrintName
316,5 Ail m .t DR- i* 7 2 -2 -
Address
Cb cS -) rL 537W
City, State, Zip Code
19761090v
Countersigned:
Attest:
Rosemarie Call
City Clerk
REH, INC.
By: Suaa.au.PMc
Susan M. Crockett
President and CEO
Page 14 of 14
Exhibit E
T
a ADMINISTRATIVE POLICY & PROCEDURE MANUAL
SECTION: Facilities, Vehicles and Equipment POLICY NO.: 7012
ADMINISTERING DEPARTMENT (S): Clearwater Fire and Rescue Department
SUBJECT: Emergency Alert System
PURPOSE: To establish guidance for staff during severe weather and to incorporate the
citywide Emergency Alert System into the warning and notification process.
POLICY: This policy is for all employees, internal and external stakeholders, and community
members who use the beach and any of our athletic facilities, recreation centers and
community parks as listed below. The Emergency Alert System is equipped to detect when
severe weather is within a set proximity and provide an audible alert or generalized messaging
based on individual departmental needs. The Emergency Alert System will be active 24 hours
a day; however, the audible alert or voice messaging will comply with city ordinance and be
active only between the hours of 7 a.m. and 10 p.m. at Clearwater Beach and Coachman Park.
All other facilities will be monitored during park hours or during scheduled events or athletic
activities. These safety guidelines are not intended to be all inclusive. All people must assume
personal responsibility and always remove themselves from danger.
Administrative Repeal:
The provisions contained herein shall supersede and replace all prior policies and procedures regarding
this subject.
s/Jennifer Poirrier 5/21/24
Jennifer Poirrier. City Manager Date
Procedure: See attached.
Effective Date: 05/21/2024
Reference(s):
Statutes: Ordinances: Resolutions: Legal Opinions:
Administering Department Policy Committee
ADMINISTRATIVE POLICY & PROCEDURE MANUAL
RATIONALE: Florida is known as the lightning capital of the United States. That means at
any given moment, especially during the summer, life-threatening conditions can arise
along the Gulf Coast and pose a dangerous threat to any outdoor activity. City staff,
swimmers, beachgoers, and park users are at greatest risk of injury during severe
weather. Keeping people safe is of the utmost importance to the city of Clearwater.
Therefore, an Emergency Alert System has been installed at Clearwater Beach and at key
Parks and Recreation locations throughout the city, including BayCare Sound.
Clearwater Beach
1. Overview: The Emergency Alert System should be used as a tool and in conjunction with
the Clearwater Fire & Rescue Lifeguard Division Lifeguard Lightning Safety Plan (S.D.P.
701 P) within operating hours. This plan has taken Into consideration guidance from the
National Weather Service (NWS) and the United States Lifesaving Association.
1.1 Weather Watcher: Designates a person or people to monitor lightning and severe
weather each day.
1.2 Weather watcher reviews available forecasts. NWS advisories, watches and wamings
can be monitored at https://www.weather.gov/tbw/ Thunderstorm and severe weather
forecasts are also online at http://www.spc.noaa.gov.
1.3 If the weather watcher has questions about a storm, contact the NWS in Ruskin at
813-645-2323.
1.4 Weather watcher notifies lifeguard staff of predicted weather hazards.
1.5 Weather watcher and other lifeguard staff use available tools to monitor weather.
1.5.1. NOAA weather radio
1.5.2. On-site lightning detector (Severe WeatherAlert System)
1.5.3. Smartphone application (Bay News 9, Weather Bug, NWS)
1.5.4. Commercial notification subscription (optional)
ADMINISTRATIVE POLICY & PROCEDURE MANUAL
2. 6- to 15 -Mile Process:
2.1 When lightning is detected within 6 to 15 miles, the Emergency Alert System will notify
the lifeguard weather watcher.
2.2 If it appears the thunderstorm is moving nearby or if a more organized thunderstorm or
cluster of thunderstorms (supercells, squall lines, bow echoes) are headed for the
location, the weather watcher should notify lifeguard staff and consider protective
actions.
2.3 Protective actions
2.3.1. Depending on the storm track, consider closing facilities that do not provide
protection from lightning.
2.3.2. Consider notifying the public of the lightning threat and recommend actions based
on storm track:
2.3.3. Consider initiating predetermined evacuation plans for lifeguard staff.
2.3.4. Ensure lifeguard staff members take action to protect themselves.
3. 0 to 5 Mile Process:
3.i When lightning is detected within 5 miles, the notification system will automatically
alert staff via the internal messaging system and the public via the audible alert.
3.2 The weather watcher will notify management and staff, then proceed with
implementing the protective actions.
3.3 Protective actions.
3.3.1. Close lifeguard towers that do not provide protection from lightning and move all
staff to Tower 0.
3.3.2. The Emergency Alert System with broadcast an audible warning and message
notifying people of the threat and recommended course of action.
3.3.2.1 Alert message templates, approved by the city's Public Communications
Department, will be utilized.
ADMINISTRATIVE POLICY
3.3.22 Close the water by utilizing red flags, lifeguard staff and system
notifications.
3.3.2.3 Instruct beachgoers to leave and find shelter (identify appropriate shelter).
No place outdoors is safe if lightning is in the area. If a substantial building is
not available, fully enclosed motor vehicles can provide shelter as long as
occupants do not touch the metal framework during the thunderstorm. If no
protection from lightning is available, direct patrons to stay away from the tallest
objects (lifeguard stands, light poles, flag poles), metal objects (fences or
bleachers), standing pools of water, and open areas.
3.3.3. Implement predetermined evacuation plans for all lifeguard staff.
3.3.4. Ensure staff members take action to protect themselves.
4. All Clear:
4.1 The weather watcher will continue to monitor the proximity of thunderstorms and utilize
local observations and the Emergency Alert System to make an informed decision.
Management may then allow for normal activities to resume after 30 minutes of no
detected lightning strikes within a 5 -mile radius of the location. The weather watcher
will notify the public that beach and water activities can resume utilizing the
Emergency Alert System.
Parks and Recreation
1. Process:
1.1. When lightning is detected between 7 and 15 miles away, the Emergency Alert System
will notify parks staff.
1.2. When lightning is detected within 6 miles, the Emergency Alert System will broadcast
an audible warning and message recommending people take shelter.
1.2.1 Alert message templates, approved by the city's Public Communications
Department, will be utilized.
1.3. A safe shelter should be an enclosed public building with electrical service and
plumbing, but a vehicle can be used as safe shelter if needed as a last resort.
ADMINISTRATIVE POLICY Sr PROCEDURE MANUAL
2. All Clear:
2.1. All outdoor activities should not resume until a minimum of 30 minutes has passed
from the last lightning strike within 6 miles and an all clear has been issued by the
Emergency Alert System.
3. Monitored Sites:
3.1. Facilities — Clearwater Beach Recreation Center, Coachman Park, Countryside
Community Park, Countryside Sports Complex, Crest Lake Park, Eddie C. Moore
Complexes, Frank Tack Fields, Gien Oaks Park, Henry L. McMullen Tennis Complex, Jack
Russell Stadium, Joe DiMaggio Sports Complex, Long Center, Moccasin Lake Nature
Park, Morningside Recreation Center, North Greenwood Recreation Center, Philip Jones,
Ross Norton Recreation Center and BaMelds, Sid Lickton Complex, Walter Campbell Park.
3.2. Please note - The BayCare Sound at Coachman Park will have a separate monitoring
and alerting protocol.
Coachman Park
I. Purpose and Scope:
1.1. To provide general information for the monitoring of severe weather and
establishtheemergency response procedures at Coachman Park and City produced
events at The BayCare Sound.
2. Monitors:
2.1. City staff (Parks and Recreation, Clearwater Police Department, Clearwater Fire
Rescue Department, Public Communications and any outside event organizers and
their staff) will continually monitor weather conditions using various resources:
2.1.1. NORA weather radio (162.400 MHZ) or KHB32, Tampa Internet radio
2.1.2. Local weather and radar applications
2.1.3. The Emergency Alert System
3. Assessment & Authorization:
V-14149
AN•,
1,2 ADMINISTRATIVE POLICY & PROCEDURE MANUAL
3.1. The presence of any of the following will trigger the decision-making process toassess
for the likelihood of dangerous conditions and the need for precautionary action:
3.1.2. Visible/auditory presence of thunder and/or lightning
3.1.3. Weather warning issued for the area.
3.1.4. Notification from the Emergency Alert System.
3.1.1.1. When lightning is detected between 7 and 15 miles away, the Emergency Alert
System will alert city staff and staff will consider protective actions.
3.1.1.2. When lightning is detected within 6 miles, the Emergency Alert System will
alert city staff who will then implement protective measures which may include delaying
or cancelling events at The BayCare Sound.
3.1.1.3. Alert message templates approved by the city's Public Communications
Department will be used if events are delayed or cancelled.
4. Evacuation Management:
4.1. The City's Emergency Management Team will coordinate tasks necessary to
interruptthe event and direct everyone to safety.
4.2. A safe shelter should be an enclosed public building with electricity and plumbing, but
a vehicle can be used as safe shelter if needed as a last resort.
5. Potential Evacuation Locations:
5.1. Venue restrooms
5.2. Under venue canopy
5.3. Personal vehicles
5.4. Public library (during normal operating hours)
5.5. Capitol Theatre (if open and available)
5.6. Local retail
Y4Tj4
N STRATIVE POLICY & PROCEDURE MANUAL
6. Re -Entry 1 Event Resumes:
6.1. The City's Staff (Parks and Recreation, Clearwater Police Department, Clearwater Fire
Rescue Department, Public Communications and any outside event organizers and
their staff) will assess when re-entry is permissible for the event to resume. Public
messaging will be coordinated by a city representative.
Ruth Eckerd Hall Events at The BayCare Sound
1. Purpose and Scope:
1.1.To provide general information for the monitoring of severe weather and establish
theemergency response procedures at The BayCare Sound during Ruth Eckerd
Hallsponsored events.
2. Monitors:
2.1.The BayCare Sound will be subject to the Ruth Eckerd Hall's severe weather
policyduring events managed by Ruth Eckerd Hall.
2.2.The security manager and venue manager will coordinate with city staff.
Alldecisionmaking will fall under Ruth Eckerd Hall's contract with the city; Ruth Eckerd will
be responsible for managing its sponsored events.
2.3.The lightning detection portion of the Emergency Alert System will remain active
forRuth Eckerd Hall's use.
2.3.1. To provide unified messaging, Ruth Eckerd Hall will utilize its own means of
communicating safety messages, protective measures, delays, cancellations, or re-entry.
INISTRATIVE POLICY & PROCEDURE MANUAL
Weather Appendix:
1. A watch is issued when conditions are favorable for the development of severe
weather and/or tornadoes in and close to the watch area. A watch does not mean that
severe weather is actually occurring: only that conditions have created such a risk.
2. A warning is an alert issued by the National Weather Service to warn an area that a
tornado (or waterspout or severe thunderstorm) may be imminent. It can be issued after
either a tornado or a funnel cloud has already been spotted, or if there are radar indications
that a tornado may be possible. Warnings are also issued for the presence of severe
thunderstorms that could contain hail, high winds, or dangerous lightning.
Appendixes
Clearwater Fire & Rescue SDP 701P
Ruth Eckerd Hall Severe Weather at The BayCare Sound Policy
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CITY
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CLEARWATER
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DRAWN
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CHECKED
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Exhibit "
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SECT-
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DATE
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15 -
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16
5/
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Map
ID
Map
Name
Total
Capacity
Pit
Cap
Reserved
Cap
Lawn
Cap
G/
A
Cap
Lawn
Bike
Rike
Notes
la
Full
Reserved
4258
0
4258
0
0
No
Covered/
Pavilion
seating
only
lb
Full
Reserved +
Small
Lawn
Up
to
5,
000
0
4258
Up
to
1,
000
0
No
Covered
Reserved
seats
plus
up
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000
tickets
sold
on
the
lawn
lc
Full
Reserved +
Medium
Lawn
Up
to
7,
000
0
4258
Up
to
2,
500
0
Yes-
single
Covered
Reserved
seats
plus
between
2,
000
and
4,
700
tickets
sold
on
lawn
id
Full
Reserved +
Large
Lawn
Up
to
9,
000
0
4258
Up
to
4,
700
0
Yes
All
reserved
seats
plus
full
lawn
is
open
2a
Reserved
Only +
Pit
4290
500
3790
0
0
No
Entirely
under
cover-
need
crash
barricade
2b
Reserved +
Pit +
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Lawn
Up
to
5,
000
500
3790
Up
to
1,
000
0
No
Lawn
open
but
most
seats
are
under
the
canopy
2c
Reserved +
Pit +
Medium
Lawn
Up
to
7,
000
500
3790
Up
to
2,
500
0
Yes -
Single
Lawn
open
but
most
seats
are
under
the
canopy
2d
Reserved +
Pit +
Large
Lawn
Up
to
9,
000
500
3790
Up
to
4,
700
0
Yes
GA
Pit,
Reserved
full
seating
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lawn
with
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egress
lanes
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G/
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Medium
Up
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bike
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center
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G/
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Up
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room
only
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Up
to
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000
0
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Up
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205
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ROWS
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Up
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204,
205
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ROWS
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Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: 24-1475bandes
Agenda Date: 12/16/2024 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Parks & Recreation
Agenda Number: 4.2
SUBJECT/RECOMMENDATION:
Authorize a Guaranteed Maximum Price proposal with Bandes Construction Company, Inc. of Dunedin,
FL for professional services in connection with the temporary repairs needed for Pier 60 in the amount of
$270,312.00.00 pursuant to Request for Qualifications (RFQ) 51-24 and authorize the appropriate
officials to execute same. (consent)
SUMMARY:
On October 03, 2024, Council approved the use of eighteen firms to serve as Construction Managers at
Risk (CMAR) for Continuing Contracts under RFQ 51-24 and Bandes Construction Company, Inc. was
selected as one of the approved firms.
Pier 60 and the Pier 60 bait shop are approximately 29 years old. Between September 26 - 27 and again
between October 9 - 10 the structure sustained damage from Hurricanes Helene and Milton,
respectively. The City hired Pennoni Associates, Inc. to perform a structural assessment, to identify and
document the damage, and provide repair recommendations.
The temporary repairs recommended by Pennoni include damaged joints, pile caps, access decking and
timber piles, building siding, temporary power and temporary OSHA safety railing. These repairs are
needed in order to make the structure safe for construction of permanent repairs to occur as well as
limiting any potential new damage. In addition, when repairs are completed, it will allow staff safe access
to the bait house to perform inventory and remove all merchandise that is currently in the building. The
total cost for the temporary repairs is $270,312.00.
The work by the contractor includes mobilizing on site with barges, scaffolding, forklift and manpower;
clean up and demobilize from the site.
Bandes Construction Company, Inc. was selected to perform these services based on the
recommendation of the city EOR, Pennoni Associates, and their immediate availability to do the project.
They have performed quality services for other projects managed by Pennoni and were very responsive,
and staff is confident that they can handle the complexities of performing the proposed temporary
repairs.
APPROPRIATION CODE AND AMOUNT:
This purchase will be coded to special program code 1817525-546300-D2402, disaster response -
Hurricane Helene. Reimbursement will be requested from FEMA, with funding currently planned from
reserves of the Special Program Fund and/or General Fund.
USE OF RESERVE FUNDS:
N/A
STRATEGIC PRIORITY:
Approval of the purchase order supports several Strategic Plan Objectives, including:
·1.2: Maintain public infrastructure, mobility systems, natural lands, environmental resources, and
historic features through systematic management efforts.
·2.3: Promote Clearwater as a premier destination for entertainment, cultural experiences, tourism,
and national sporting events.
·3.2: Preserve community livability through responsible development standards, proactive code
compliance, and targeted revitalization.
Page 1 City of Clearwater Printed on 12/11/2024
BC#1#2#3#4#5#61234444555655100'200' +/-206' +/-205' +/-200' +/-200' +/-CA#2#155#354#464CA#55BC#6518"x18"x6" N3R (Typ)1.25" Nipple With 3 #3, 1 #6 CU THHN Tap Conductors (Typ)2" Conduit with 4-3/0, 1 #4 CU THHN (Typ)Existing 200a 3-Ph Fused Disconnect. Replace 200a Fuses with 100 amp Fuses and Reducers100a-3PhETR320a-3-PhBypassMeterETR
Design / Build Agreement R5
Pier 60 Temporary Repairs
Monday, November 18, 2024
Design Builder: Bandes Construction Company, Inc., 1368 Spalding Road, Suite C, Dunedin FL 34698
Owner: City of Clearwater / Craig Wilson, Parks Senior Division Manager: 727-383-0331 / 727-444-8584 /
craig.wilson@myclearwater.com
Scope of Work: Provide temporary electrical service, a single post-shore for bait house building roof, misc.
waterproofing at the bait house building, and guardrails for the future full-rehabilitation of Pier 60.
Includes a barge to service the water side bait house waterproofing work
Price: $270,312 per breakdown below
1 Temporary Electrical Service (see attached breakdown & diagram) FLA Electric 75,860
2 Base Price for Temporary Rails (installation & 1 month) East Coast 5,729
3
• Additional 10 month / 304 days duration on temporary rails (25.79
per day) 7,842
4 Post Shores for Bait House East Coast 2,500
5 New Tyvek & new Hardie siding @Bait House - approx. 800 SF
Adams
Const. 48,700
6 • includes barge rental, labor, materials, Longshoreman's insurance
7 Bandes Onsite Supervision (2x per week, 2 hours per visit) - 3 months 27,500
8 Misc. Rentals, Tools, Signage, or Other Items As-Needed 5,000
9
Budget for Additional Fence Time, Vandalism of Fence, or Other Fence
Issues 5,000
10 Forklift Rental - not included in East Coast proposal 3,400
11 Other Regulatory Fees, Permits, Licenses, Coverages 16,500
12 Subtotal 198,031
13 CMAR Fee, 25% 49,508
14 Bond, 1.05% 2,970
15 Contingency, 10% 19,803
16 Total 270,312
2
Exclusions:
• Bathrooms, parking (provided by the City), dumpsters (not needed), laydown area (provided by the
City), regular jobsite meetings (meetings will be held ad-hoc / as-needed), full-time supervision of
subcontractors (part-time provided), final “finished” jobsite photos, weekly job reports (final job report
will be provided)
Payment Terms:
• Billing is monthly based on work complete. “Work complete” means substantively complete, exclusive
of minor punch list items which we will take care of in good faith.
Additional Terms & Conditions: See page 3
This proposal shall become a contract when executed by the City of Clearwater.
__________________________________ ____________________________________
Design Builder
Jillian Bandes, Bandes Construction Company, Inc.
3
Terms & Conditions
l) Insurance: Design/Builder to carry Builder’s Risk, General Liability, Workmen's Compensation Insurance,
and Longshoremen’s Insurance, and a bond.
2) Guarantees: Because of the temporary nature of these repairs, there is no warranty period. If any items
stops working or becomes damaged while the repairs are erected, they will be serviced at an additional
cost.
3) Design Documents or Permits: No design documents are associated with this scope of work and are
therefore not a factor in this project. One minor electrical permit is anticipated.
4) Preparation of Jobsite: It is expected that the City of Clearwater will make the area available for work,
inform their staff of the work being performed, and otherwise assist with the expeditious completion of
the work. It is both Bandes responsibility and the City of Clearwater’s responsibility to keep our respective
personnel safe. A collaborative effort is required to keep staff out of construction areas.
5) Hazardous Waste: It is unlikely that Bandes will encounter such waste but if it is encountered, all
testing, remediation and/or removal shall be undertaken by Owner or separate Contractor an additional
cost.
6) Delays: Bandes shall assume no liability for delays due to hurricanes, fires, floods, strikes, shipping or
transportation delays, permitting or other contingencies beyond Bandes’ control.
7) Taxes: Any Federal, State or Local taxes imposed after the date of signing this instrument will be added
to the contract price. It is agreed that contract sum includes all licenses, sales and use taxes which are
applicable to this contract.
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#24-1475
Agenda Date: 12/16/2024 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Parks & Recreation
Agenda Number: 4.3
SUBJECT/RECOMMENDATION:
Authorize a Guaranteed Maximum Price proposal to Khors Construction, Inc. of Pinellas Park, Florida,
for the construction of a 1,700-square foot maintenance, office and restroom building at Joe DiMaggio
Sports Complex located at 2450 Drew Street in the amount of $562,433.29 pursuant to Request for
Qualifications (RFQ) 51-24 and authorize the appropriate officials to execute same. (consent)
SUMMARY:
On October 03, 2024, Council approved the use of 18 firms to serve as Construction Managers at Risk
for Continuing Contracts under RFQ 51-24 and Khors Construction, Inc. was selected as one of the
approved firms.
Khors Construction, Inc. was selected from the approved CMAR Continuing Contracts list based on past
reliability, professionalism, capability of offering design build services, as well as their past performances
with many other similar projects in various City parks. In fact, Khors Construction, Inc. has been engaged
with the engineer of record in the construction design of this building for the last few years, but due to
budget constraints this project was put on hold until now which makes them the CMAR to be considered
for this project.
This proposal involves the removal and demolition of a small, outdated maintenance shed and the
construction of a new 1,700-square foot facility. The new building will feature a maintenance area, office
space and ADA-compliant public restrooms. The existing maintenance shed is insufficient and lacks the
storage capacity required by the Joe DiMaggio Sports Complex maintenance team. This project will
provide adequate storage for the Sports Complex while consolidating items currently stored at the
Carpenter Complex, resulting in improved efficiency, better-organized storage, safer and more functional
workspaces, and an extended lifespan of equipment.
Additionally, the project will enhance the programming capabilities at the Joe DiMaggio Sports Complex
by adding two restrooms and a water fountain, offering convenient amenities for staff and participants
while eliminating the need for portable restroom rentals during events. Annual operating costs are
anticipated to increase by approximately $2,400.00 to cover additional utility expenses.
The contract duration is 180 days, commencing upon issuance of a notice to proceed.
This item aligns with the Community Development Code, as well as the Comprehensive and Strategic
Plans.
APPROPRIATION CODE AND AMOUNT:
Funds are available in capital improvement project M2207 Athletic Fields R & R, funded with General
Fund revenues.
USE OF RESERVE FUNDS:
N/A
STRATEGIC PRIORITY:
Approval of the purchase order supports several Strategic Plan Objectives, including:
·1.2: Maintain public infrastructure, mobility systems, natural lands, environmental resources, and
historic features through systematic management efforts.
·1.3: Adopt responsive levels of service for public facilities and amenities, and identify resources
required to sustain that level of service.
·2.3: Promote Clearwater as a premier destination for entertainment, cultural experiences, tourism,
and national sporting events.
·3.2: Preserve community livability through responsible development standards, proactive code
Page 1 City of Clearwater Printed on 12/11/2024
File Number: ID#24-1475
compliance, and targeted revitalization.
Page 2 City of Clearwater Printed on 12/11/2024
November 5, 2024
To: Craig Wilson, Parks Senior Division Manager
City of Clearwater-Parks and Recreation
100 S. Myrtle Ave., Suite 120
Clearwater, FL 33756
RE: CM Proposal Joe DiMaggio Sports Complex – Restroom/Maintenance Building
Dear Mr. Wilson,
I am pleased to submit the following Construction Management Proposal for the complete demolition of
the existing Maintenance Building and subsequent construction of a new, metal Maintenance Building, installed
at Joe DiMaggio Sports Complex, located at 2450 Drew St., Clearwater, FL. 33765, more specifically outlined
below for a Guaranteed Maximum Price of (562,433.29) five hundred, sixty-two thousand, four hundred, thirty-
three and 29/100 dollars.
Scope of Work and Cost Detail:
We will provide all bonding, permitting, supervision, labor, materials, and equipment to complete the
scope of work as described on the plans and specifications prepared by Pennoni Associates Inc and Griner
Engineering, Titled Joe DiMaggio Sports Complex Maintenance Building, Sheets 1 to 8 dated 06/10/2024, Sheets
9-18 dated 6/21/24 and sheet A-1 and A-2 by Plisko Architects dated 6-25-24 with qualifications and proposal
breakdown as more specifically outlined below:
Cost Detail:
GENERAL
CONDITIONS
1 GENERAL
CONDITIONS
Temp. Toilets & Service $ 859.25
1 GENERAL
CONDITIONS
Temp Barricades and Project
Specific Sign
$ 2,552.00
1 GENERAL
CONDITIONS
First Aid $ 100.00
1 GENERAL
CONDITIONS
Vehicle/Equipment Fuel $ 1,290.00
1 GENERAL
CONDITIONS
Construction Equipment Rental $ 3,500.00
1 GENERAL
CONDITIONS
Plans/Copies/Closeout Docs $ 1,500.00
1 GENERAL
CONDITIONS
Postage/Courier $ 300.00
1 GENERAL
CONDITIONS
Office Supplies $ 1,000.00
1 GENERAL
CONDITIONS
Punch List/Misc. Materials $ 2,500.00
1 GENERAL
CONDITIONS
Project Supervision/General
Labor
$ 32,142.50
1 GENERAL
CONDITIONS
Cell Phones $ 268.75
1 GENERAL
CONDITIONS
Permitting
Applications/Corrections/
Resubmissions
$ 1,500.00
SUB-SUBTOTAL
GC
$ 47,512.50
SITEWORK
2 SITEWORK Mobilization Site Contractor $ 5,500.00
2 SITEWORK SILT Fencing/Inlet $ 750.00
2 SITEWORK Notice to Air Quality $ 360.00
2 SITEWORK Clearing and Demolition $ 9,750.00
3 SITEWORK Storm
Sewer/Pond/RCP/Structure and
tie-in
$ 30,400.00
4 SITEWORK Sanitary $ 10,600.00
5 SITEWORK Domestic $ 1,500.00
2 SITEWORK Methane Gas System $ 9,870.00
2 SITEWORK Strip and Remove/Building Pad
Prep/Stone install/Base for
ramps
$ 3,600.00
3 SITEWORK Sidewalks and Aprons $ 34,453.75
15 SITEWORK Drinking Fountain incl in bldg.
16 SITEWORK Site Electrical incl in bldg.
SUB-SUBTOTAL
SITEWORK
$ 106,783.75
BUILDING
1 GENERAL
CONDITIONS
Final Cleaning $ 800.00
1 GENERAL Material Testing $ 5,335.00
1 GENERAL
CONDITIONS
Surveying $ 9,800.00
1 GENERAL
CONDITIONS
Dumpster & Hauling $ 9,000.00
2 SITEWORK Termite Treatment $ 407.75
3 CONCRETE Foundation/SOG Bldg. Only $ 27,200.00
5 STEEL Metal Building (4 ext. man
doors and, 2 rollup doors incl.)
$ 52,566.11
6 ROUGH
CARPENTRY
Framing and drywall $ 15,235.00
7 THERMAL AND
MOISTURE
Insulation Batts $ 982.12
8 OPENINGS Roll Up and Exterior Doors incl
8 OPENINGS Interior Door Lab and Material $ 3,800.00
9 FINISHES Acoustical Ceilings $ 1,725.00
9 FINISHES Painting (Drywall, 3 frames 2
doors and Floor)
$ 3,800.00
9 FINISHES Floor Sealer Main Building $ 4,200.00
9 FINISHES Seamless Epoxy Flake Flooring $ 1,800.00
9 FINISHES Vinyl Plank Flooring and Base $ 3,542.00
10 SPECIALTIES Bath Accessories $ 1,818.00
10 SPECIALTIES Signs $ 564.52
10 SPECIALTIES Fire Extinguisher(s) $ 500.00
15 Mech Ice Maker (Purchase &
Installation of Hoshizaki model
#KM-161BAJ)
$ 5,850.00
15 Mech Plumbing $ 28,985.00
16 Mech Add for Owner Bottle Fill $ 450.00
15 Mech HVAC $ 8,163.26
16 Elec Electrical $ 74,450.00
SUB-SUBTOTAL
BUILDING
$ 260,973.75
SUBTOTAL
AMOUNT
$ 415,270.00
Bond $ 10,815.83
CMAR FEE $ 80,308.66
INSURANCE $ 4,908.51
COST TOTAL
AMOUNT
$ 511,302.99
OWNER
CONTINGENCY
$ 51,130.30
GRAND TOTAL $ 562,433.29
Exclusions:
1. Engineering, Architectural or design.
2. Soil tracking prevention devices.
3. Warranties on any equipment or fixtures provided by owner.
4. Reverse Osmosis.
5. Site electrical work other that 2 pull stations and 130LF of rerouting for field lighting.
6. Site Sidewalks exceeding estimated at 2425sf.
7. Landscaping, sod or irrigation work.
8. Private utility locates.
9. Temporary fencing for laydown yards, erected by Khors furnished by owner.
10. Builder’s Risk Insurance.
Project Duration shall be 180 calendar days from the date of the Notice to Proceed to be issued after permits are
approved on a mutually agreeable date.
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 09/17/2024 based on RFQ #51-24.
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.
KHORS CONSTRUCTION, INC.
By: _______________
Date:
Kori Khorsandian, President
CITY OF CLEARWATER, FLORIDA
Approved as to form: Attest:
____________________________ By: _______________________________
Melissa Isabel Rosemarie Call
Senior Assistant City Attorney City Clerk
Countersigned:
_______________________________ ___________________________________
Bruce Rector Jennifer Poirrier
Mayor City Manager
________________________ _________________________
Date Date
PUBLIC CONSTRUCTION BOND
(1)
This bond is given to comply with § 255.05, Florida Statutes, and any action instituted by a claimant under this bond for
payment must be in accordance with the notice and time limitation provisions in subsections (2) and (10).
Pursuant to § 255.05(1)(b), Florida Statutes, “Before commencing the work or before recommencing the work after a
default or abandonment, the contractor shall provide to the public entity a certified copy of the recorded bond.
Notwithstanding the terms of the contract or any other law governing prompt payment for construction services, the public
entity may not make a payment to the contractor until the contractor has complied with this paragraph.”
CONTRACTOR SURETY OWNER
Khors Construction, Inc.
6251 44th St N. Ste 1909
Pinellas Park, FL 33781
813-728-3689
FCCI Insurance Group Surety
6300 University Parkway
Sarasota, FL 34240
City of Clearwater
Parks & Recreation Dept.
100 S. Myrtle Ave. Suite 120
Clearwater, FL 33756-5520
RE: Joe DiMaggio Sports Complex – Restroom/Maintenance Building
PROJECT DESCRIPTION: Structural and Drainage Repairs at BayCare Ball Park
BY THIS BOND, We Khors Construction, Inc., as Contractor, and FCCI Insurance Group Surety, a corporation, as Surety,
are bound to the City of Clearwater, Florida, herein called Owner, in the sum of (562,433.29) five hundred, sixty-two
thousand, four hundred, thirty-three and 29/100 dollars.
for payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally.
THE CONDITION OF THIS BOND is that if Contractor:
1. Performs the proposal dated November 5, 2024, between Contractor and Owner for construction of the, Joe
DiMaggio Sports Complex – Restroom/Maintenance Building
the contract documents, being made a part of this bond by reference (which include the Contract, Surety Bond, Plans and
Technical Specifications, and such alterations as may be made in said Plans and Specifications as therein provided for), at the
times and in the manner prescribed in the contract; and
2. Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes, supplying Contractor
with labor, materials, or supplies, used directly or indirectly by Contractor in the prosecution of the work provided for in the
contract; and
3. Pays Owner all losses, damages, expenses, costs, and attorney’s fees, including appellate proceedings, that Owner
sustains because of a default by Contractor under the contract; and
Bond No.:________________
PUBLIC CONSTRUCTION BOND
(2)
4. To the limits of § 725.06(2), Florida Statutes, shall indemnify and hold harmless Owner, their officers and
employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney’s fees, to the extent
caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor and persons employed or utilized
by Contractor in the performance of the construction contract; and
5. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract,
then this bond is void; otherwise it remains in full force.
6. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time
limitation provisions in Section 255.05(2), Florida Statutes.
7. Any changes in or under the contract documents and compliance or noncompliance with any formalities connected
with the contract or the changes does not affect Surety’s obligation under this bond, and Surety does hereby waive notice of
any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications.
IN TESTIMONY WHEREOF, witness the hands and seals of the parties hereto this __________ day of
________________, 20___.
(If sole Ownership or Partnership, two (2) Witnesses required).
(If Corporation, Secretary only will attest and affix seal).
Khors Construction, Inc.
By: _____________________________
Title: ____________________________ Print Name:
_______________________
WITNESS: WITNESS:
_________________________________ _________________________________
Corporate Secretary or Witness Print Name: _______________________
Print Name: _______________________
(affix corporate seal) FCCI Insurance Company
By: _____________________________
ATTORNEY-IN-FACT
Print Name: _______________________
(affix corporate seal)
(Power of Attorney must be attached)
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#24-1503
Agenda Date: 12/16/2024 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Parks & Recreation
Agenda Number: 4.4
SUBJECT/RECOMMENDATION:
Approve a Contract for the Purchase of Real Property located at First St, East Lot’s 1 and 2 by the City
of Clearwater Parks Department from A Investments Development Corp. for the purchase price of
$1,240,000.00 and $15,000 closing expenditures, not to exceed $1,255,000.00, as recorded in O.R.
Book(s) 21923, Page 910, Book 14426, Page 14 and 17, Book 17947, Page 1794, Book 12632, Page
1261, and Book 21989, Page 2463 all part thereof the Public Records Plat Book 9, Page 52 of Pinellas
County, FL, and authorize the appropriate officials to execute same. (consent)
SUMMARY:
Said parcels 1 and 2 are adjacent to Lake Chautauqua consisting of 3.97 acres or 173,234 sq. feet with
over 160 feet of unobstructed lake waterfront.
These lake water lots are semi-cleared to offer much foliage, tree canopy, and a natural water inlet for
many possible uses. The purchase of this property will compliment other park parcels surrounding the
lake including Lake Chautauqua Park and Lake Chautauqua Park South. Future development of the
property is unknown at this time; however, it does provide unobstructed access to the lake and lake
activities like fishing, kayaking, canoe launch etc.
Appraisals of Lots 1 and 2 were completed on November 6, 2024, to the market value of $1,240,000.00
dollars.
The acquisition of these parcels will result in a reoccurring operational cost of $2,640 a year for mowing
and landscape maintenance.
City environmental staff have completed their review of all environmental test results relating to this site
and see no reason not to purchase the site. City staff have reviewed and approved this purchase.
Funding for this purchase is coming from the Open Space/Recreation Facility Special Development
Fund. These funds must be used for park land purchases only. Purchase of this property will allow the
city to utilize funds in a timely manner to purchase park property according to the past Open Space
Recreation Facility Land Ordinance.
APPROPRIATION CODE AND AMOUNT:
Funds are available in Special Development Fund for this purchase. A first quarter budget amendment
will transfer $275,000.00 of Open Space impact fees and $980,000.00 of Recreation Facility Land fees
from the Special Development Fund into project 315-93133 Park Land Acquisition.
USE OF RESERVE FUNDS: N/A
STRATEGIC PRIORITY:
Approval of this parkland purchase supports several Strategic Plan Objectives, including:
·1.2: Maintain public infrastructure, mobility systems, natural lands, environmental resources, and
historic features through systematic management efforts.
·1.3: Adopt responsive levels of service for public facilities and amenities, and identify resources
required to sustain that level of service.
·1.5: Embrace a culture of innovation that drives continuous improvement and successfully serves all
our customers.
·2.3: Promote Clearwater as a premier destination for entertainment, cultural experiences, tourism,
and national sporting events.
·3.1: Support neighborhood identity through services and programs that empower community pride
Page 1 City of Clearwater Printed on 12/11/2024
File Number: ID#24-1503
and belonging.
·4.1: Support proactive climate resiliency strategies based in science to protect natural and built
environments from impacts associated with sea level rise.
·4.3: Protect the conservation of urban forests and public green spaces to promote biodiversity and
reduce our carbon footprint.
Page 2 City of Clearwater Printed on 12/11/2024
50' (P)50' (P)45' (P)45' (P)50' (P)109.82' (P)100' (P)100' (P)100' (P)109.87' (P)
50' (P)50' (P)45' (P)45' (P)50' (P)50' (P)50' (P)50.00' (P)50.03' (P)50.14' (P)108.10' (P)
LOT 1 LOT 2 LOT 3 LOT 4 LOT 5 LOT 7
LOT 8
LOT 9
LOT 10LOT 11LOT 12LOT 13LOT 14
THIRD AVENUE NORTH (PLAT)FIRST ST. E (FIELD)(60' RIGHT-OF-WAY PER PLAT)(60' RIGHT-OF-WAY PER PLAT)
SOUTH 12 OF THIRD AVENUE NORTH, VACATED BY
ORDINANCE NO. 8382-13, RECORDED IN O.R.
BOOK 17947, PAGE 1794, RESERVED FOR
DRAINAGE AND UTILITY EASEMENT
A PORTION OF LAKE SHORE DRIVE,VACATED BY RESOLUTION NO. 05-108,RECORDED IN O.R. BOOK 14426, PAGE 17BLOCK 45
EASTERLY EXTENSION
OF THE CENTERLINE
OF RIGHT-OF-WAY OF
THIRD AVENUE NORTH
SOUTH 12 OF THAT PORTION OF THIRD AVENUE
NORTH, VACATED BY RESOLUTION NO. 05-108,
RECORDED IN O.R. BOOK 14426, PAGE 14
BLOCK 45100' (P)THE P.O.C
AND P.O.B OF
COMBINED
DESCRIPTION
THE NW
CORNER LOT
14 BLOCK 45.
℄LAKE CHAUTAUQUA)TALP( EVIRD EROHS EKALS 89°51'05" E (C) 617.72' (C)
0 80 160
N 00°02'59" E (C)30.0' (C)
NORTHERLY
EXTENSION
OF WESTERLY BOUNDARY
OF BLOCK 45
N 00°02'59" E (C)133.21'(C)BASIS OF BEARING
S 00°13'22" E (C) 131.88' (C)S 89°58'28" E (C) 618.35' (C)
NORTH BOUNDARY LINE
OF THE S.1/2 BLOCK 45
PORTION
UNPLATTED
LANDS PER
O.R. 12632,
PAGE 1261 EAST BOUNDARY100' (P)NOT A SURVEY
(P) = PLAT, (C ) = CALCULATED, D.E = DRAINAGE EASEMENT, O.R. = OFFICIAL RECORDS, P.G
= PAGE, PRM = PERMANENT REFERENCE MONUMENT, POB = POINT OF BEGINNING,
POC = POINT OF COMMENCEMENT, U.E = UTILITY EASEMENT, R.O.W = RIGHT OF WAY,TALLAH A S S EE
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RG.1.E.
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RG.1.E.
W
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IPLS
1708 Water Oak Drive
Tarpon Springs, Florida
Phone: (727)-831-1990
FloridaPLS7123@gmail.com
LB# 8183
Initial Point Land Surveying, LLC.
REVISIONS: ABBREVATIONS
SEC. 32, TWP. 28 S, RNG 16 E.
PINELLAS COUNTY, FLORIDA
SKETCH AND DESCRIPTION SEE SHEET 2 FOR DESCRIPTION
SHEET 1 OF 2
_____________________________________
Jeff M. Hartley Date
FLORIDA PROFESSIONAL SURVEYOR AND
MAPPER NO. LS#7123 LB#8183
NOT VALID WITHOUT THE ORIGINAL
SIGNATURE AND SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER
_____________________________________
Jeff M. Hartley Date
FLORIDA PROFESSIONAL SURVEYOR AND
MAPPER NO. LS#7123 LB#8183
NOT VALID WITHOUT THE ORIGINAL
SIGNATURE AND SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER
NOT A SURVEY
TALLA H A S S E E
B
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ENAIDIREMEDIU
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TWP.1.S.
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TWP.1.S.
RG.1.E.
TWP.1.N.
RG.1.E.W
S
E
N
IPLS
1708 Water Oak Drive
Tarpon Springs, Florida
Phone: (727)-831-1990
FloridaPLS7123@gmail.com
LB# 8183
Initial Point Land Surveying, LLC.
SKETCH AND DESCRIPTION
REVISIONS:
DESCRIPTION
LOTS 8,9,10,11,12,13 AND 14, BLOCK 45,UNIT NO.1-SEC. A CHAUTAUQUA "ON THE LAKE", ACCORDING TO THE MAP OR PLAT THEREOF
AS RECORDED IN PLAT BOOK 9, PAGE 52, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, TOGETHER WITH THE SOUTH ONE-HALF OF
THAT PORTION OF THIRD AVENUE NORTH AS VACATED BY RESOLUTION NO. 05-108, RECORDED IN OFFICIAL RECORDS BOOK 14426,
PAGE 14, OF THE PUBLIC RECORDS OF PINELLAS COUNTY,FLORIDA, ABUTTING SAID LOTS 9, 10, 11 AND PART OF 12; ALSO THE SOUTH
1/2 OF THIRD AVENUE NORTH, VACATED BY ORDINANCE NO. 8382-13, RECORDED IN O.R. BOOK 17947, PAGE 1794, RESERVED FOR
DRAINAGE AND UTILITY EASEMENT. ALSO A PORTION OF LAKE SHORE DRIVE, VACATED BY RESOLUTION NO. 05-108, RECORDED IN O.R.
BOOK 14426, PAGE 17.
TOGETHER A PORTION OF LAND LOCATED WITHIN THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 32, TOWNSHIP 28
SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA, PER O.R. BOOK 12632, PAGE 1261.
COMBINED DESCRIPTION:
POINT OF COMMENCEMENT SAID POINT OF COMMENCEMENT ALSO BEING THE POINT OF BEGINNING. COMMENCE AT THE
NORTHWEST CORNER OF LOT 14, BLOCK 45, UNIT NO.1-SEC.A CHAUTAUQUA "ON THE LAKE", ACCORDING TO THE MAP OR PLAT
THEREOF AS RECORDED IN PLAT BOOK 9, PAGE 52, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE N 00°02'59" E ALONG
THE NORTHERLY EXTENSION OF THE WEST BOUNDARY OF BLOCK 45, A DISTANCE OF 30.00' FEET TO A POINT OF INTERSECTION WITH
THE NORTHERLY EXTENSION OF THE WESTERLY BOUNDARY OF SAID BLOCK 45 AND THE CENTERLINE OF THIRD AVENUE NORTH (P)
VACATED BY ORDNANCE NUMBER. 8382-13, RECORDED AN O. R. BOOK 17947, PAGE 1794, RESERVE FOR DRAINAGE AND UTILITY
EASEMENT; THENCE S 89°51'05" E ALONG SAID CENTERLINE OF SAID THIRD AVENUE NORTH (P) A DISTANCE OF 617.72' FEET TO THE
NORTHEAST CORNER OF OF LANDS DESCRIBED IN BOOK 12632, PAGE 1261; THENCE S 00°13'22" E(C) A DISTANCE OF 131.88'E FEET
ALONG THE EAST BOUNDARY OF SAID LANDS; THENCE LEAVING SAID EAST LINE N 89°58'28" W A DISTANCE OF 618.35' ALONG THE
NORTH LINE OF THE SOUTH 12 OF BLOCK 45, UNIT NO. 1-SEC. A CHAUTAUQUA "ON THE LAKE", ACCORDING TO THE MAP OR PLAT
THEREOF AS RECORDED IN PLAT BOOK 9, PAGE 52, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE N 00°02'59" E ALONG
SAID WEST BOUNDARY LINE OF LOT 14, BLOCK 45 A DISTANCE OF 103.18' FEET TO THE POINT OF BEGINNING. DESCRIBED LANDS
HAVING AN AREA OF 81918 ± SQUARE FEET, 1.88 ACRES
SEC. 32, TWP. 28 S, RNG 116 E.
PINELLAS COUNTY, FLORIDA
SEE SHEET 1 FOR SKETCH
SEE SHEET 2 OF 2
50' (P)50' (P)45' (P)45' (P)50' (P)99.06' (P)100' (P)100' (P)100' (P)100' (P)100' (P)50' (P)50' (P)45' (P)45' (P)50' (P)50' (P)50' (P)50.14' (P)50.29' (P)108.10' (P)
104.50' (P)LOT 1 LOT 2 LOT 3 LOT 4 LOT 5
LOT 6
LOT 7
2ND AVENUE NORTH (PLAT)FIRST ST. E (FIELD)50' (P)50' (P)45' (P)45' (P)140.09' (P)
LOT 10LOT 11LOT 12 LOT 9 LOT 8
(60' RIGHT-OF-WAY PER PLAT)℄VACATED(60' RIGHT-OF-WAY PER PLAT)BLOCK 45
BLOCK 42
P.O.C & P.O.B
THE SW CORNER LOT
1, BLOCK 45 S 89°57'11" E (C) 339.06' (C)
N 89°57'11" W (C) 330.38' (C)C1CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE
C1 1456.33' 4.43'4.43'S 08°19'24" W 00°10'26"
POINT OF INTERSECTION THE PLATTED CENTER OF
2ND AVENUE NORTH AND THE WEST RIGHT OF WAY
OF LAKE SHORE DRIVE
AS PER PLAT
THE NW CORNER LOT
12, BLOCK 42
LINE BEARING DISTANCE
L1 N 00°00'48" E 30.00
N. BOUNDARY LOTS 8-12 BLOCK 42℄ (PLATTED)0 80 160
VACATED PER
O.R.14426, PG.14
PORTION OF S 1/2 VACATED SECOND AVE. N. RECORDED IN O.R. #21989, PAGE #2463
SECOND AVE. N. VACATED PER O.R. # 21923, PAGE # 910
PORTION
UNPLATTED
LANDS PER
O.R. 12632,
PAGE 1261
S 89°58'28" E (C) 618.35' (C)S 00°13'22" E (C) 133.43' (C)N 89°54'50" W (C) 283.90' (C)
N 89°51'05" W (C) 334.43' (C)
LOT 8LOT 10LOT 11LOT 12LOT 13LOT 14
)TALP( L2L2 N 00°00'48" E 3.60' L1N 00°02'59" E (C)103.19' (C)EVIRD EROHS EKALEAST BOUNDARYSOUTH BOUNDARY
NORTH BOUNDARY S.1/2
BLOCK 45
THE WEST BOUNDARY
BLOCK 45
_____________________________________
Jeff M. Hartley Date
FLORIDA PROFESSIONAL SURVEYOR AND
MAPPER NO. LS#7123 LB#8183
NOT VALID WITHOUT THE ORIGINAL
SIGNATURE AND SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER
NOT A SURVEY
(P) = PLAT, (C ) = CALCULATED, D.E = DRAINAGE EASEMENT, O.R. = OFFICIAL RECORDS, P.G
= PAGE, PRM = PERMANENT REFERENCE MONUMENT, POB = POINT OF BEGINNING,
POC = POINT OF COMMENCEMENT, U.E = UTILITY EASEMENT, R.O.W = RIGHT OF WAY,TALLAH A S S E E
B
A
S
ENAIDIREMEDIU
GDNATWP.1.N.
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TWP.1.S.
RG.1.W.TWP.1.S. RG.1.E.
TWP.1.N.
RG.1.E.
W
S
E
N
IPLS
1708 Water Oak Drive
Tarpon Springs, Florida
Phone: (727)-831-1990
FloridaPLS7123@gmail.com
LB# 8183
Initial Point Land Surveying, LLC.
REVISIONS: ABBREVATIONS
SEC. 32, TWP. 28 S, RNG 16 E.
PINELLAS COUNTY, FLORIDA
SKETCH AND
DESCRIPTION SEE SHEET 2 FOR DESCRIPTION
SHEET 1 OF 2
_____________________________________
Jeff M. Hartley Date
FLORIDA PROFESSIONAL SURVEYOR AND
MAPPER NO. LS#7123 LB#8183
NOT VALID WITHOUT THE ORIGINAL
SIGNATURE AND SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER
NOT A SURVEY
TALLAH A S S E E
BA
S
E
NAIDIREMEDIUGDNATWP.1.N.
RG.1.W.
TWP.1.S.
RG.1.W.
TWP.1.S.
RG.1.E.
TWP.1.N.
RG.1.E.
W
S
E
N
IPLS
1708 Water Oak Drive
Tarpon Springs, Florida
Phone: (727)-831-1990
FloridaPLS7123@gmail.com
LB# 8183
Initial Point Land Surveying, LLC.
SKETCH AND DESCRIPTION
REVISIONS:
DESCRIPTION
DESCRIPTION LOTS 1-7, BLOCK 45,UNIT NO.1-SEC. A CHAUTAUQUA "ON THE LAKE", ACCORDING TO THE MAP OR PLAT THEREOF AS
RECORDED IN PLAT BOOK 9, PAGE 52, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, TOGETHER WITH A PORTION OF LAND
LOCATED WITHIN THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 32, TOWNSHIP 28 SOUTH, RANGE 16 EAST, PINELLAS
COUNTY, FLORIDA, RECORDED IN O.R. BOOK 12632, PAGE 1261,TOGETHER WITH THE NORTH 12 OF VACATED 2ND AVENUE NORTH(P)
RECORDED IN O.R. BOOK 21923, PAGE 910, ALSO A PORTION OF THE SOUTH 12 OF VACATED 2ND AVENUE NORTH(P) AS RECORDED IN
O.R. BOOK 21989, PAGE 2463 AND A PORTION OF VACATED LAKE SHORE DRIVE AS RECORDED IN O.R. BOOK 14426, PAGE 14.
COMBINED OVER ALL DESCRIPTION: SAID POINT OF COMMENCEMENT ALSO BEING THE POINT OF BEGINNING. COMMENCE AT THE
SOUTHWEST CORNER LOT 1, BLOCK 45, UNIT NO.1-SEC.A CHAUTAUQUA "ON THE LAKE", ACCORDING TO THE MAP OR PLAT THEREOF
AS RECORDED IN PLAT BOOK 9, PAGE 52, PUBLIC RECORDS OF PINELLAS COUNTY, THENCE N 00°02'59" E ALONG THE WEST BOUNDARY
OF BLOCK 45 A DISTANCE OF 103.19' FEET TO THE NORTHWEST CORNER OF LOT 1, BLOCK 45; THENCE S 89°58'28" E ALONG THE NORTH
BOUNDARY OF THE NORTH 12 OF BLOCK 45, 618.35' FEET TO THE EAST BOUNDARY OF LANDS RECORDED IN RECORDED IN O.R. 12632,
PAGE 1261; THENCE ALONG THE EAST BOUNDARY OF SAID LANDS S 00°13'22" E A DISTANCE OF 133.43'; THENCE N 89°54'50" W ALONG
THE SOUTH BOUNDARY OF SAID LANDS A DISTANCE OF 283.90' FEET TO POINT OF INTERSECTION OF THE PLATTED CENTER OF 2ND
AVENUE NORTH AND THE WEST RIGHT OF WAY OF LAKE SHORE DRIVE AS PER PLAT; THENCE WITH A CURVE TURNING TO THE RIGHT
WITH AN ARC LENGTH OF 4.43', WITH A RADIUS OF 1456.33', WITH A CHORD BEARING OF S 08°19'24" W, WITH A CHORD LENGTH OF
4.43'; THENCE N 89°51'05" W A DISTANCE OF 334.43' FEET; THENCE N 00°00'48" E A DISTANCE OF 3.60' FEET; THENCE N 00°00'48" E A
DISTANCE OF 30.00' FEET TO THE POINT OF BEGINNING, HAVING AN AREA OF 83750.7 SQUARE FEET, 1.923 ACRES
SEC. 32, TWP. 28 S, RNG 116 E.
PINELLAS COUNTY, FLORIDA
SEE SHEET 1 FOR SKETCH
SEE SHEET 2 OF 2
1
CONTRACT FOR PURCHASE OF REAL PROPERTY
BY
THE CITY OF CLEARWATER, FLORIDA
PARTIES: Seller, A INVESTMENTS DEVELOPMENT CORP, whose mailing address is
6201 N. Nebraska Ave, Tampa, FL 33064, and Buyer, THE CITY OF CLEARWATER,
FLORIDA, a municipal corporation of the State of Florida (herein "Buyer" or “City”), whose
post office address is P.O. Box 4748, Clearwater, Florida 33768, (collectively "Parties")
hereby agree that the Buyer shall buy the following described property ("Property") subject
to the terms and conditions of this Contract and any associated riders or addenda
(“Contract”).
1. PROPERTY DESCRIPTION:
Street Address: Lot 1 & Lot 2 (vacant land) First Street E.
Property Tax ID #: 32-28-16-14922-045-0080 & 32-28-16-14922-045-0010.
Legal Description: See attachments.
Together with all existing improvements and fixtures, unless specifically excluded by the
terms of this Contract.
Personal Property to be included: N/A
2. FULL PURCHASE PRICE: .........................................................…………… $1,240,000.00
3. MANNER OF PAYMENT: Wire in U.S. funds at time of Closing.
4. TIME FOR ACCEPTANCE OF OFFER AND COUNTEROFFERS; EFFECTIVE DATE:
a) City Council Approval. Seller acknowledges that this Contract is subject to the express
approval of the City Council for the City of Clearwater. Seller agrees to maintain the price,
terms and conditions of this Contract as an open offer, exclusive to the City for a period of
60 days following Seller’s execution and delivery of this Contract to the City. In that time,
the City staff shall present this Contract to the City Council for consideration. The City
Council may accept, reject, or direct the City Staff to make a counteroffer to the Seller.
b) Acceptance. If this Contract is accepted and approved by the City Council, it will be
executed by duly authorized City officials and delivered to the Buyer within 10 days.
c) Rejection. If this Contract is rejected by the City Council, the Seller’s exclusive offer of sale
to the City shall expire the following day. If the City fails to gain the approval of the City
Council within the 30-day open offer period, the time may be extended in the Seller’s
discretion.
d) Counteroffer. If the City Council directs the City staff to make a counteroffer, it shall be
delivered to Seller in writing within 14 days, and Seller shall have 10 days thereafter to
2
deliver to Buyer written notice of acceptance or rejection of such counteroffer. If written
notice of acceptance is not timely delivered, or if the counteroffer is rejected by Seller, the
open offer period shall expire.
e) Effective Date. This Contract shall be binding and effective upon the date of the last Party’s
signature.
5. WARRANTY OF TITLE; TITLE EVIDENCE:
a) General Warranty Deed. Seller warrants legal capacity to convey marketable title to the
Property by General Warranty Deed, subject only to matters acceptable to Buyer pursuant
to this paragraph. Title shall be free of liens, easements and encumbrances, except for
covenants, restrictions, and public utility easements of record, and subject to property taxes
for the year of closing. Seller warrants that no violation of the foregoing exists and that
nothing would prevent Buyer's intended use of the Property. Seller further warrants that
there is ingress and egress to the Property sufficient for Buyer’s intended use.
b) Title Insurance. At Seller’s expense and at least 20 days prior to closing, Seller shall deliver
a title insurance commitment issued by a Florida licensed title insurer agreeing to liens,
encumbrances, exceptions, or qualifications set forth in this Contract, and those which shall
be discharged by Seller at or before Closing. Seller shall convey a Marketable Title as
defined by the terms of this Contract.
c) Cure Period. Marketable Title shall be determined according to the Uniform Title Standards
adopted by The Florida Bar and applicable law. Buyer shall have 20 days from receiving
evidence of title to examine it and notify the Seller of any defect. If the defect(s) render title
unmarketable, Seller will have 120 days from receipt of notice within which to cure the
defect(s), failing which Buyer shall have the option of either accepting the title “as is” or
terminating this Contract. Seller will make diligent efforts to correct defect(s) in title during
the 120-day cure period, including executing documents and/or initiating litigation if
necessary.
d) Survey. At Buyer's expense and at least 20 days prior to closing, Buyer may have the
Property surveyed and certified to the Buyer by a registered Florida land surveyor. If that
Survey shows any encroachment on the Property, or any improvements that encroach on
setback lines, easements, lands of others, or otherwise violate any restrictions, contract
covenants or an applicable governmental regulation, the same shall be presumed a title
defect and subject to the Cure provisions above.
6. CLOSING DATE AND EXPENSES:
a) Date and Place. Buyer shall designate a closing agent (“Closing Agent”) and this
transaction shall be closed in the offices of the designated closing agent in Pinellas County,
Florida, within 120 days of the Effective Date unless extended by the Parties, or by an
applicable provision of this Contract. If either Party is unable to close, after making all
reasonable and diligent efforts to comply, then upon written notice to the other Party, time
of closing may be extended up to 60 days.
b) Documents. Seller shall execute all documents requested by the Closing Agent to
3
effectuate a valid conveyance in a timely manner, including but not limited to closing
statements for the respective Parties, deed, bill of sale (if applicable), mechanic's lien
affidavit, assignments of leases, tenant and mortgage estoppel letters, corrective
instruments, and Statements of Authority or Corporate Resolutions authorizing the sale, or
any other documents applicable to the transaction.
c) Expenses. Seller shall pay the following closing expenses:
1) documentary stamps on the deed, unless exempt under Chapter 201.24, Florida
Statutes;
2) the costs of recording any corrective instruments;
3) assessments for any improvements that are substantially complete at time of closing;
4) any taxes due but uncollected through to the day prior to closing.
Buyer shall pay for the recordation of the deed and any restrictive covenants, if applicable.
d) Payment of Taxes and Assessments. Seller is responsible for taxes, assessments, fees,
and any other financial obligation related to the Property through to the day before Closing.
Closing Agent shall collect from the Seller all ad valorem taxes due and deliver payment to
the Pinellas County Tax Collector with notification to thereafter exempt the Property from
taxation as provided in Chapter 196.012(6), Florida Statutes. If the amount of taxes and
assessments for the current year cannot be ascertained, rates for the previous year shall
be used with due allowance being made for improvements and exemptions. Closing Agent
shall reimburse the Seller in the event that the estimate based on the previous year is more
than the actual amount due, and Seller shall be responsible for covering the difference if
the estimate based on the previous year is less than the actual amount due.
e) Broker Fees. If either Party chooses to be represented by a Licensed Real Estate Broker
in this transaction, then that Party solely shall be responsible for any such Broker fee or
expense due to said Broker.
7. LEASES; OCCUPANCY; POSSESSION:
a) Seller warrants that there are no parties in possession other than the Seller; that there
are no tenants; and that no leases exist, recorded or unrecorded that would prevent the
Seller from delivering complete possession of the Property to the Buyer at closing. If
Property is intended to be rented or occupied beyond closing or tenants or other parties
in possession do exist, the fact and terms thereof shall be disclosed as part of the
Seller’s Disclosures described below. Seller agrees to deliver occupancy of the
Property at time of closing unless otherwise accepted by the Buyer after proper
disclosure from the Seller.
b) Seller is responsible for maintaining the Property in a substantially similar condition from
the Effective Date of this Contract through to the Closing Date. If Seller allows
occupancy, tenancy or lease for use of the Property prior to closing or prior to the
expiration of this Contract, such action shall constitute a material breach of this Contract
allowing for the Buyer to terminate immediately.
8. DISCLOSURES; PROPERTY CONDITION; INSPECTIONS:
4
a) Seller’s Disclosures. No later than 15 days from the Effective Date of this Contract, Seller
shall deliver, at Buyer’s request, written disclosures regarding the following:
• All written leases and estoppels letters from each tenant specifying the nature and duration
of the tenant’s occupancy.
• Radon Gas Disclosure as required by Florida Statute.
• Affirmation that Seller does not know of any work or improvements to the Property which
were made without required permits. If work or improvements were made without Permit,
Seller agrees to provide all available documentation to assist in obtaining or closing permits.
• Any available information or documentation related to mold, lead based paint, or sink holes.
• Homeowners’ Association information and documents, if applicable.
• Property Tax Disclosure Summary.
• Certification of non-foreign status or if the Seller is a “foreign person” as defined by the
Foreign Investment in Real Property Tax Act, Seller shall notify the Buyer and Closing
Agent in writing, so that proper withholdings are made at Closing.
• “Disclosure of Beneficial Interests” required pursuant to Section 286.23, Florida Statutes.
• Statement that Seller knows of no facts that would materially affect the value of the Property
which are not readily observable. Except that Seller makes no warranty or representation
of any type as to the physical condition or history of the property.
b) Property Condition. Seller shall maintain the Property until time of closing in its present "as
is" condition, ordinary wear and tear excepted, which shall include the landscaping and
grounds in a comparable condition. Seller shall notify the Buyer of any significant
maintenance that must be performed between the Effective Date and the Closing Date of
this Contract. Buyer may schedule a “final walk-through inspection” to confirm that the
Seller has complied with this Paragraph at any time 5 days prior to Closing.
c) Inspection Period. At Buyer’s expense and within 7 days following the Effective Date
(“Inspection Period”), Buyer may conduct inspections, tests, environmental and any other
investigations of the Property Buyer deems necessary to determine suitability for Buyer’s
intended use. Seller shall grant reasonable access to the Property to Buyer, its agents,
contractors and assigns for the purposes of conducting the inspections provided; however,
all such persons enter the Property and conduct the inspections and investigations at their
own risk. Seller will, upon reasonable notice, provide utilities services as may be required
for Buyer’s inspections and investigations. Buyer shall not engage in any activity that could
result in a mechanics lien being filed against the Property without Seller’s prior written
consent. Buyer is self-insured, and subject to the limits and restrictions of the Florida
Sovereign immunity statute, F.S. 768.28. Buyer agrees to indemnify and hold harmless
the Seller from claims of injury to persons or property during the inspections and
investigations resulting from the negligence of Buyer’s, its employees or agents only, and
subject to the limits and restrictions of the sovereign immunity statute.
d) Termination During Inspection Period. Buyer may terminate this Contract with written
notice to Seller prior to expiration of the Inspection Period for any reason in the Buyer’s
sole discretion. In the alternative, Buyer may request repairs or other remedies as
applicable, for the Seller to perform, and the Seller may agree to perform said repairs or
remedies. The Parties may elect to negotiate a credit at closing for the total estimated
5
repair costs as determined by a licensed general contractor of Buyer’s selection. Any
agreement to remedy or make repairs on the Property shall be in writing and signed by
both the Parties. If Buyer terminates this Contract during the Inspection Period, Buyer shall
repair, at Buyer’s expense, all damages to the Property resulting from Buyer’s inspections
and investigations and shall return the Property to substantially similar condition as the time
of the Effective Date.
9. RISK OF LOSS
If the Property is damaged by fire or other casualty before closing and cost of restoration
does not exceed 3% of the assessed valuation of the Property so damaged, cost of
restoration shall be an obligation of the Seller and closing shall proceed pursuant to the
terms of this contract with restoration costs escrowed at closing. If the cost of restoration
exceeds 3% of the assessed valuation of the improvements so damaged, Buyer shall have
the option of either taking the Property “as is”, together with any insurance proceeds
payable by virtue of such loss or damage or terminating this Contract.
10. PROCEEDS OF SALE; CLOSING PROCEDURE:
The deed shall be recorded upon clearance of funds. Proceeds of sale shall be held in
escrow by the Closing Agent, or by such other mutually acceptable escrow agent for a
period of no longer than 5 days from and after closing, during which time evidence of title
shall be continued at Buyer's expense to show title in Buyer, without any encumbrances or
change which would render Seller's title unmarketable from the date of the last title
evidence. If Seller's title is rendered unmarketable through no fault of the Buyer, Buyer
shall, within the 5-day period, notify the Seller in writing of the defect and Seller shall have
30 days from the date of receipt of such notification to cure the defect. If Seller fails to
timely cure the defect, all funds paid by or on behalf of the Buyer shall, upon written demand
made by Buyer and within 5 days after demand, be returned to Buyer and simultaneously
with such repayment, Buyer shall vacate the Property and reconvey it to Seller by special
warranty deed. If Buyer fails to make timely demand for refund, Buyer shall take title "as
is", waiving all rights against Seller as to any intervening defect except as may be available
to Buyer by virtue of warranties contained in the deed.
The escrow and closing procedure required by this provision may be waived if the Title
Insurance Commitment covers adverse matters pursuant to Fla. Stat. Section 627.7841,
as amended.
11. NOTICE
All notices provided for herein shall be deemed to have been duly given if and when
deposited in the United States Mail, properly stamped and addressed to the respective
party to be notified at the address listed above.
12. ASSIGNABILITY; PERSONS BOUND
This Contract is not assignable without written approval from both Parties. The terms
"Buyer", "Seller", and "Broker" (if any) may be singular or plural. This Contract is binding
upon Buyer, Seller, and their heirs, personal representatives, successors, and assigns (if
6
assignment is permitted).
13. ATTORNEY FEES; COSTS; SPECIFIC PERFORMANCE AVAILABLE:
In any litigation arising out of this Contract, the prevailing party shall be entitled to recover
reasonable attorney's fees and costs. If this transaction is not closed due to any default or
failure on the part of the Seller, other than to make the title marketable after diligent effort,
Buyer may seek specific performance or unilaterally cancel this Contract upon written
notice to Seller. If this transaction is not closed due to any default or failure on the part of
the Buyer, Seller may seek specific performance. If a Broker is owed a brokerage fee
regarding this transaction, the defaulting party shall be liable for such fee.
14. CHOICE OF LAW; SEVERABILITY; INTEGRATION:
This Contract shall be governed by, construed, and enforced in accordance with the laws
of the State of Florida. If any provision of this Contract is held to be invalid, the Parties
agree that the remaining provisions shall be deemed to be in full force and effect as if they
had been executed by both Parties subsequent to the expungement of the invalid provision.
This Contract shall constitute the entire agreement between the Parties, and supersedes
any and all prior and contemporaneous written or oral promises, representations or
conditions. All prior negotiations, agreements, memoranda or other writings shall be
merged herein. Any changes to be made in this agreement shall only be valid when
expressed in writing, signed by the Parties as an amendment to this Contract.
EXECUTED this _____ day of November, 2024 by Seller.
A Investments Development Corp
Seller’s Name
________________________
Ariel J. Quintela
7
[CITY OF CLEARWATER SIGNATURE PAGE TO FOLLOW]
8
APPROVED BY BUYER &
EFFECTIVE this _____ day of _________________________, 2024.
CITY OF CLEARWATER, FLORIDA
___________________________ By: __________________________
Bruce Rector Jennifer Poirrier
Mayor City Manager
Approved as to form: Attest:
___________________________ ________________________________
Jerrod Simpson Rosemarie Call
Senior Assistant City Attorney City Clerk
www.FloridaDEP.gov
FLORIDA DEPARTMENT OF
Environmental Protection
Southwest District Office
13051 North Telecom Parkway #101
Temple Terrace, Florida 33637-0926
Ron DeSantis Governor
Jeanette Nuñez
Lt. Governor
Shawn Hamilton
Secretary
April 19, 2022
Ron Beemiller
℅ Matt Martin, E Sciences, Inc.
690 Main Street, 10046
Safety Harbor, FL 34695
mmartin@esciencesinc.com
RE: Informal Wetland and Other Surface Waters Determination
Pinellas County Parcel ID: 322816149220450080 and 322816149220450010
3rd Ave N & 1st St E
Clearwater, FL 33759
Clearwater
File No. FD-52-0416803-001
Dear Mr. Martin:
DEP staff inspected the parcel site listed above on March 8, 2022, to review the flagged wetland
and other surface waters boundaries for the property above by Matt Martin, E Sciences, Inc. and
found:
The wetland and other surface water boundaries reviewed in the field and depicted on the exhibit
dated March 8, 2022, appear to be an accurate representation of the landward extent of the
wetlands and other surface waters on the property described above pursuant to Section 62-340,
Florida Administrative Code. Development (i.e. dredging or filling) of these wetlands or other
surface waters, will require a permit from the Department. The aerial attached to this
Informal Determination Verification letter represents the limits of wetlands and other surface
waters within the area inspected. These limits are presented here to assist in the design of a
project that minimizes impacts to wetlands. Areas that are not clearly labeled as wetlands, other
surface waters, or upland on the aerial have not been inspected by Department staff and are not
subject to this non-binding informal determination.
Important notes:
1) Other federal, state, or local land development restrictions may apply to your property.
2) This wetland and other surface waters determination review is informal and is for pre-
application planning purposes only.
3) If you desire a binding jurisdictional determination, then you should petition the Department
for a jurisdictional declaratory statement under 62-343.040, Florida Administrative Code, or
you should apply to DEP for an Environmental Resource Permit.
4) DEP will consider this informal determination review to be valid for pre-application planning
purposes for no longer than 5 years from the date of this letter.
Matt Martin, E Sciences, Inc.
File No.: 52-0416803-001-FD
Page 2 of 2
April 19, 2022
www.FloridaDEP.gov
5) Construction activities of one or more acres of upland, will require a National Pollution
Discharge Elimination System (NPDES) Permit. Construction can include soil disturbance,
clearing, grading and excavation. Please contact the NPDES Stormwater Section at 850-245-
7522 for assistance.
An Environmental Resource Permit application can be obtained on the Department’s web site at
http://www.dep.state.fl.us/water/wetlands/erp/forms.htm. Electronic applications for some permit
and exemptions can be made using this electronic portal: http://www.fldepportal.com/go/.
If you have any questions regarding this letter or permitting requirements, please contact Emily
Ritzel by telephone at (813) 470-5720 or by e-mail at Emily.Ritzel@FloridaDEP.gov.
Sincerely,
_____________________
Emily Ritzel, C.W.E.
Engineering Specialist I
Permitting & Waste Cleanup Program
Southwest District
cc:
ERP Permitting, Southwest District, sw_erp@floridadep.gov
Ron Beemiller, Applicant, ron.beemiller@parasol.properties
Enclosures:
1. Informal Delineation Map, (1 page)
2. 62-340, F.A.C. Date Form (26 pages)
!.
!.
!.!.
!.!.
!.
!.
!.
!.
!.!.
!.
!.
W1-9
W1-8
W1-7
W1-6
W1-5
W1-4
W1-3
W1-2
W1-1
W1-3A
W1-2A
SHWL 3
SHWL 2
SHWL 1
¹
Legend
Parcels
!.Wetland Survey Points
Wetland Line
50ft Wetland Buffer Line
Background Source: ESRI's World Imagery
G:\Projects\3-0303-001\GIS\Wetland Survey.mxd By: LGPROJECT NUMBER:3-0303-001 Clearwater, Pinellas County, FL
Wetland Survey 1
1 "=100 '
E Sciences, IncorporatedFL Engineering Lic. #869134 East Pine StreetOrlando, FL 32801www.esciencesinc.comPhone: 407-481-9006Fax: 407-481-9627
DATE: 1/28/2022SCALE:
FIGURELake Chautauqua Property
Wetland Delineation
0 50 100
Feet
WetlandUpland
Form 62-330.201(1) - Chapter 62-340, F.A.C. Data Form Incorporated by reference in subsection 62-330.201(1), F.A.C. (Dec. 22, 2020) Page 1 of 16
cm 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15
§ denotes the Rule, subsection, paragraph, or subparagraph referenced from Ch. 62-340, F.A.C. FDEP SLERC August 2019 Chapter 62-340, F.A.C. Data Form
1. Date: March 8, 2022 2. Staff Present: Greg Alba, Emily Ritzel 3. Form recorder(s): ER
4. County: Pinellas (52) 5. Site Name: Lake Chautauqua Property Tracking #: 416803
6. Point ID: Pt 1 GPS Coordinates: 28°00'24.9"N 82°43'30.7"W
7. Distances and bearings from fixed objects (if no GPS):
8. Current condition of described point: ☑ Authorized or legal condition ☐ Unauthorized or illegal condition
9. Work type: ☑ Identification ☐ Delineation
Point status: ☐ Wetland ☐ Non-Wetland Surface Water ☑ Upland
10. Vegetative Stratum §62-340.400: Using §62-340.400, F.A.C. with reasonable scientific judgment, select the appropriate vegetative stratum. (Do not include FAC species when determining 10% minimum areal extent.) ☐ Canopy (Min. 10% areal extent) ☐ Subcanopy (Min. 10% areal extent) ☑ Groundcover (No min. areal
extent) ☐ Vegetation Absent (skip to #14) ☐ Evaluation Impossible (skip to #14) Why?
11. Plant List §62-340.200(2),(6),(16), §62-340.400, §62-340.450, F.A.C.:
As is under current conditions, without considering RSJ1 or the legality of any alterations: Areal extent estimator: ER
Select and identify plants in an area just large enough to represent and classify the plant community at the described point. Do not extend into different communities or hydrologic conditions.
1. Record the scientific name (binomial) and status of each plant species necessary to identify/delineate and classify the plant
community in the selected area.
2. Record the percent areal extent in the canopy, subcanopy, and groundcover columns for
each species.
3. For each species present in the stratum selected in #10, transfer the numbers from only that stratum’s
column into the appropriate status columns.
# Binomial of Observed Species Status Canopy Subcanopy Groundcover Upland Facultative Fac. Wet Obligate
1. Andropogon virginicus F 0 0 35 0 35 0 0
2. Rubus spp. F 0 0 2 0 2 0 0
3. Chrysopsis mariana U 0 0 5 5 0 0 0
4. Bromus spp. U 0 0 35 35 0 0 0
Percent areal extent totals for the stratum selected in question 10 40 37 0 0
12. In the stratum selected in #10: What is the % areal extent of Obligate plants? 0
What is the % areal extent of Upland plants? 40
Is the areal extent of Obligate plants greater than that of Upland plants? ☐ Yes ☑ No
13. In the stratum selected in #10: What is the total % areal extent of Obligate & Facultative Wet plants combined? 0
What is the total % areal extent of Obligate, Facultative Wet, & Upland plants combined? 40
What is the percentage of OBL + FACW in relation to all plants, excluding FAC? OBL+FACW OBL+FACW+UPL 0%
Form 62-330.201(1) - Chapter 62-340, F.A.C. Data Form Incorporated by reference in subsection 62-330.201(1), F.A.C. (Dec. 22, 2020) Page 2 of 16
Point ID/Location: 28°00'24.9"N 82°43'30.7"W Soil describer: ER
14. LRR/MLRA U Textures: Peat, Mucky Peat, Muck, Mucky Mineral (S or F), Sand, Fine, Marl
15. Is a soil profile evaluation possible? ☑ Yes ☐ No If no, why? (If No, skip to #18)
16. Soil Description: As is under current conditions, without considering RSJ1 or the legality of any alterations Soil surface, or 0 inch depth for purposes of Chapter 62-340, F.A.C. is the muck or mineral surface (whether natural or fill)
Horizon
beginning to ending Depth (inches)
Matrix Texture
moist condition Matrix
Hue Value/ Chroma
for sandy matrix horizons w/
value ≤ 3: % Organic Coating
- Describe soil features: DA (areas darker than matrix), LA (areas lighter than matrix), - RC (redox concentrations): Record in moist condition hue value/chroma; % volume in horizon; boundaries (sharp/clear/diffuse); shape (rounded/linear/angular). - OB (organic bodies): Record texture (muck or mucky mineral), % volume in horizon. - H2S (hydrogen sulfide odor): Indicate shallowest depth where detected
- Note if horizon is Physically Mixed (PM), Nonsoil (any material not listed
in "Textures" above), or Fill and describe.
1 0 - 8 Sand 10YR 2/1 <50 LA: 10YR 7/1, round and clear, 20%
2 8 – 13+ Sand 10YR 5/1 DA: 10YR 2/1, round and clear, 25%
17. Hydric Soil Field Indicators: If present, check all Hydric Soil Field Indicators satisfied and specify their beginning and ending depths
# Indicator Present Begin Depth End Depth
1
* = Stand-alone D Test - both hydric soil and hydrologic indicator To combine layers/indicators to meet thickness requirements, see NRCS Hydric Soils Technical Note 4. 18. Excluding organic horizons, is any nonsoil horizon present at or within the uppermost 12 inches of the ground surface? ☐ Yes (e.g. bedrock, rock outcrop, limestone fill, gravel, etc) ☑ No ☐ Soil profile or site inaccessible
19. Is one or more hydric soil field indicators present? ☐ Yes ☑ No ☐ Inconclusive (e.g., evaluation to 12+ inches
impeded by disturbance, water, nonsoil, no site access, etc.) If no or inconclusive, is the soil hydric as determined by other NRCS methods?
☐ Yes Which method(s)? ☑ No ☐ Inconclusive Why?
20. Is the depth of the soil profile 20 inches or greater from the soil surface? ☐ Yes ☑ No If no, depth of soil
profile is: 13 inches Why? Due to root refusal (e.g., root refusal, nonsoil, water table, loose sand, heavy texture, compaction, weather conditions, inspection interrupted)
21. Observed height or depth of standing water from soil surface: inches ☐ Above ☐ Below ☑ Not
Observed
Form 62-330.201(1) - Chapter 62-340, F.A.C. Data Form Incorporated by reference in subsection 62-330.201(1), F.A.C. (Dec. 22, 2020) Page 3 of 16
Point ID/Location: 28°00'24.9"N 82°43'30.7"W Indicator evaluator:
22. Hydrologic Indicators: As is under current conditions, without considering RSJ1 or the legality of any alterations
Hydrologic Indicators per §62-340.500, F.A.C. (and as applied to §62-340.600, F.A.C.)
Present
at or near
point
Predicted during normal
high
water or wet season
Within 100 ft waterward
of point (not
for upland points)
1. Describe the type of all checked indicators. 2. Approximate the distance and compass direction of indicators within 100 ft of the point. 3. For water level indicators (potential indicators denoted by *) note the height from ground surface at the point as well as waterward (with distance from point). Only for indicators not present due to dry season/drought
Highest water level indicator height at point: inches ☐ Above Ground Surface ☐ No Water Level Indicators
☐ Above Soil Surface ☑ N/A (described point is Upland)
23. Is one or more hydrologic indicator(s) listed in §62-340.500, F.A.C. present or predicted with normal high water or
wet season conditions at the described point? ☐ Yes ☑ No ☐ Evaluation Impossible Why?
24. Delineation by Wetland Definition §62-340.300(1), F.A.C.
As is under current conditions, without considering RSJ1 or the legality of any alterations:
a) Has a wetland boundary been delineated at the described point? ☐ Yes ☑ No (If No, skip to #25)
b) If yes to 24a, can the boundary be easily delineated using the definition of wetlands? ☐ Yes ☐ No
25. A & B Test Wetland Criteria §62-340.300(2)(a),(b), F.A.C.
As is under current conditions, without considering RSJ1 or the legality of any alterations:
a) Is the areal extent of Obligate plants in the stratum selected in #10 greater than the areal extent of all Upland plants
in that stratum? (See #12) ☐ Yes ☑ No ☐ Vegetation Absent (skip to $25f) ☐ Evaluation Impossible (skip to
#26a)
b) Is the areal extent of Obligate and/or Facultative Wet plants in the stratum selected in #10 equal to or greater than
80% of all the plants in that stratum, excluding Facultative plants? (See #13) ☐ Yes ☑ No
c) Is the soil hydric as identified using standard NRCS definitions and practices? (see #19) ☐ Yes ☑ No ☐ Indeterminable with current conditions Why?
d) Is the substrate composed of riverwash, nonsoil (see #18), rock outcrop-soil complex, or is the substrate located
within an artificially created wetland area? ☐ Yes ☑ No If yes, which condition is present?
e) Is one or more of the hydrologic indicators in §62-340.500, F.A.C. present at the described point? (See #23) ☐ Yes ☑
No
f) Are the A Test criteria met per §62-340.300(2)(a), F.A.C. at the described point? ☐ Yes ☑ No
(Note: If yes to 25a and yes to either 25c, 25d, or 25e, A Test criteria are met)
g) Are the B Test criteria met per §62-340.300(2)(b), F.A.C. at the described point? ☐ Yes ☑ No
(Note: If yes to 25b and yes to either 25c, 25d, or 25e, B Test criteria are met) h) Are there any alterations or conditions affecting reliable application of the A or B Test such that the Altered Sites
Test is more appropriate? ☐ Yes ☑ No
Form 62-330.201(1) - Chapter 62-340, F.A.C. Data Form Incorporated by reference in subsection 62-330.201(1), F.A.C. (Dec. 22, 2020) Page 4 of 16
Point ID/Location: 28°00'24.9"N 82°43'30.7"W 26. C Test Wetland Criteria §62-340.300(2)(c), F.A.C.
As is under current conditions, without considering RSJ1 or the legality of any alterations:
a) Per §62-340.300(2)(c), F.A.C. is the described point Pine Flatwoods or Improved Pasture, or does it have drained
soils? ☐ Yes ☑ No If yes, select which of the following are met, then skip to #26d
☐ Pine Flatwoods ☐ Improved Pasture ☐ Drained Soils
Pine Flatwoods must have flat terrain, a monotypic or mixed canopy of long leaf pine or slash pine, and a ground cover dominated by saw palmetto with other species that are NOT obligate or facultative wet. Improved Pasture means areas where the dominant native plant community has been replaced with planted or natural recruitment of herbaceous species which are NOT obligate or facultative wet species and which have been actively maintained for livestock through mechanical means or grazing. Drained Soils are those in which permanent alterations, excluding mechanical pumping, preclude the formation of hydric soils. b) Are the soils at the described point saline sands (salt flats-tidal flats), or have they been field verified by NRCS's
Keys to Soil Taxonomy (4th ed. 1990) as Umbraqualfs, Sulfaquents, Hydraquents, Humaquepts, Histosols (except
Folists), Argiaquolls, or Umbraquults? ☐ Yes ☑ No
c) Do the soils at the described point have a NRCS hydric soil field indicator (see #17), and is the point located
within a map unit named or designated by the NRCS as frequently flooded, depressional, or water?
Map Unit: ☐ Yes ☑ No ☐ Inconclusive Why? (skip to #27a)
d) Are the C Test criteria met per §62-340.300(2)(c), F.A.C. at the described point? ☐ Yes ☑ No
(Note: If no to 26a and yes to either 26b or 26c, C Test criteria are met)
e) Are there any alterations or conditions affecting reliable application of the C Test such that the Altered Sites Test
is more appropriate? ☐ Yes ☑ No
27. D Test Wetland Criteria §62-340.300(2)(d), F.A.C.
As is under current conditions, without considering RSJ1 or the legality of any alterations:
a) Is the soil hydric as verified by a NRCS hydric soil field indicator? (See #17) ☐ Yes ☑ No (skip to #27d) ☐ Inconclusive Why? (skip to #28)
b) Does any NRCS hydric soil field indicator begin at the soil surface or are any of the following indicators present:
A1, A2, A3, A4, A5, A7, A8, A9, S4, F2? ☐ Yes ☐ No (If yes, then hydrologic indicator §62-340.500(8) or (11) is met)
c) Is one or more of the hydrologic indicators in §62-340.500, F.A.C. present at the described point? (See #23) ☐ Yes ☐
No
d) Are the D Test criteria met per §62-340.300(2)(d), F.A.C. at the described point? ☐ Yes ☑ No
(Note: If yes to 27a and yes to either 27b or 27c, D Test criteria may be met)
e) Are there any alterations or conditions affecting reliable application of the D Test such that the Altered Sites Test
is more appropriate? ☐ Yes ☑ No
28. Altered Sites Tests §62-340.300(3), F.A.C. (Legal/Authorized or Illegal/Unauthorized)
For purposes of Chapter 62-340, F.A.C. altered refers to any natural or man-induced condition(s) which masks or eliminates reliable expression of wetland indicators (i.e. hydrophytic vegetation, hydric soils, and hydrologic indicators). Unaltered or normal does not require a natural condition, only an expression of wetland indicators that is sufficient to reliably identify or delineate the wetland using the criteria in §62-340.300, F.A.C.
Are alterations affecting normal wetland condition? ☐ Yes ☑ No (skip to #32) ☐ Evaluation Impossible (skip to #32)
29. Authorized or Legally Altered Vegetation and Soils Test Criteria §62-340.300(3)(a), F.A.C.
a) Are there authorized or legal alterations affecting reliable expression of vegetation at the described point? ☐ Yes ☐ No If yes, how?
b) Are there authorized or legal alterations affecting reliable soil evaluation at the described point? ☐ Yes ☐ No
If yes, how? (If no to both 29a and 29b, skip to #30)
c) If yes to 29a or 29b, which criteria tests are affected by the legal alterations? ☐ A Test ☐ B Test ☐ C Test ☐ D Test
d) Using the most reliable available information and reasonable scientific judgment, would the types of evidence and characteristics contemplated in §62-340.300, F.A.C. identify or delineate the described point as a wetland with
cessation of the legal altering activities? ☐ Yes ☐ No If no, why? (If no, skip to #30)
e) If yes to 29d, what §62-340.300, F.A.C. evidence is present now and/or will be present in the future with cessation of
legal altering activities? ☐ Plants ☐ Soils ☐ Hydrologic indicators
f) If yes to 29d, which tests would be passed with cessation of legal altering activities?
☐ Wetland Definition ☐ A Test ☐ B Test ☐ C Test ☐ D Test Why?
Form 62-330.201(1) - Chapter 62-340, F.A.C. Data Form Incorporated by reference in subsection 62-330.201(1), F.A.C. (Dec. 22, 2020) Page 5 of 16
Point ID/Location: 28°00'24.9"N 82°43'30.7"W 30. Authorized or Legally Altered Hydrology Test Criteria §62-340.300(3)(b), F.A.C.
a) Has wetland hydrology of the area been legally drained or lowered? ☐ Yes ☐ No (If no, skip to #31) If yes, how?
b) Has wetland hydrology been legally eliminated at the described point? ☐ Yes ☐ No (If no, skip to #31)
c) If yes to 30b, using reasonable scientific judgment or §62-340.550, F.A.C., have dredging or filling activities authorized by Part IV of Chapter 373, F.S. permanently eliminated wetland hydrology at the described point such
that the wetland definition cannot be met? ☐ Yes (point is upland) ☐ No (If yes, skip to #31)
Chapter 373, F.S. Part II activities (e.g., water use permits) or other temporary hydrologic alterations (e.g., surface water pumps, drought) do not apply to this or any other Ch. 62-340, F.A.C. determinations.
d) If no to 30c, what §62-340.300, F.A.C. evidence is present now and/or will be present in the future with cessation of
temporary hydrologic drainage? ☐ Plants ☐ Soils ☐ Hydrologic indicators
e) If no to 30c, Which tests would be passed with cessation of temporary hydrologic alterations?
☐ Wetland Definition ☐ A Test ☐ B Test ☐ C Test ☐ D Test
Why?
31. Unauthorized or Illegally Altered Sites Test Criteria §62-340.300(3)(c), F.A.C.
If the altering activity is a violation of regulatory requirements, then application of §62-340.300(3)(c), F.A.C. and all provisions of Chapter 62-340, F.A.C. are utilized to identify or delineate the wetland in a forensic manner. This identification or delineation reflects the condition immediately prior to the unauthorized alteration.
a) Have any unauthorized alterations affected the normal wetland condition at the described point? ☐ Yes ☐ No
If yes, how? (If no, skip to #32)
b) If yes to 31a, which criteria tests are affected by the unauthorized alterations? ☐ A Test ☐ B Test ☐ C Test ☐ D Test
c) With reasonable scientific judgment is the described point a wetland, or would it have been a wetland immediately
prior to the unauthorized alteration? ☐ Yes ☐ No If no, why? (If no, skip to #32)
d) If yes to 31c, what §62-340.300, F.A.C. evidence is present now and/or was present immediately prior to the unauthorized
alteration? ☐ Plants ☐ Soils ☐ Hydrologic indicators
e) If yes to 31c, which tests would be passed immediately prior to the unauthorized alteration?
☐ Wetland Definition ☐ A Test ☐ B Test ☐ C Test ☐ D Test Why? 32. Wetland and Other Surface Water Summary §62-340.600(2)(a-e), F.A.C.:
Given normal expression, cessation of authorized alterations, or immediately prior to any unauthorized alterations:
a) With reasonable scientific judgment is the described point a wetland as defined in §62-340.200(19), F.A.C. and
located by Ch. 62-340, F.A.C.? ☐ Yes ☑ No If yes, which criteria identified or delineated the wetland? ☐ Wetland Definition ☐ A Test ☐ B Test ☐ C Test ☐ D Test
If summary answers differ from answers in 25f, 25g, 26d, or 27d, why?
b) Is the described point located at or within the Mean High Water Line of a tidal water body?
☐ Yes ☑ No ☐ MHWL Unknown
c) Is the described point located at or within the Ordinary High Water Line of a non-tidal natural water body or natural
watercourse? ☐ Yes ☑ No
d) Is the described point located at or within the top of the bank of an artificial lake, borrow pit, canal, ditch, or other type of artificial water body or watercourse with side slopes of 1 foot vertical to 4 feet horizontal or steeper,
excluding spoil banks when the canals and ditches have resulted from excavation into the ground? ☐ Yes ☑
No
e) Is the described point located at or within the Seasonal High Water Line of an artificial lake, borrow pit, canal, ditch, or other type of artificial water body or watercourse with side slopes flatter than 1 foot vertical to 4 feet horizontal or
an artificial water body created by diking or impoundment above the ground? ☐ Yes ☑ No
33. Connection or Isolation of Wetland per Applicant's Handbook Vol.1 Section 2.0 If the described point is a wetland, does it have a connection via wetlands or other surface waters, or is it wholly
surrounded by uplands and therefore isolated? ☐ Connected ☐ Isolated ☑ N/A (Point is not wetland)
Form 62-330.201(1) - Chapter 62-340, F.A.C. Data Form Incorporated by reference in subsection 62-330.201(1), F.A.C. (Dec. 22, 2020) Page 6 of 16
Point ID/Location: 28°00'24.9"N 82°43'30.7"W Notes: Please see site inspection for photos.
Helpful Definitions for Applying Ch 62-340, F.A.C.
1RSJ stands for Reasonable Scientific Judgment where used throughout this Data Form (See The Florida Wetlands Delineation Manual pg. 2 & 12)
2HSTS stands for Hydric Soils Technical Standard (See NRCS Hydric Soils Technical Note 11)
Definition from §62.340.200(19) Florida Administrative Code “Wetlands,” as defined in subsection 373.019(17), F.S., means those areas that are inundated or saturated by surface water or ground water at a frequency and a duration sufficient to support, and under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soils. Soils present in wetlands generally are classified as hydric or alluvial, or possess characteristics that are associated with reducing soil conditions. The prevalent vegetation in wetlands generally consists of facultative or obligate hydrophytic macrophytes that are typically adapted to areas
having soil conditions described above. These species, due to morphological, physiological, or reproductive adaptations, have the ability to grow,
reproduce or persist in aquatic environments or anaerobic soil conditions. Florida wetlands generally include swamps, marshes, bayheads, bogs, cypress domes and strands, sloughs, wet prairies, riverine swamps and marshes, hydric seepage slopes, tidal marshes, mangrove swamps and other similar areas. Florida wetlands generally do not include longleaf or slash pine flatwoods with an understory dominated by saw palmetto.
Definition from §373.019(19) Florida Statutes
“Surface water” means water upon the surface of the earth, whether contained in bounds created naturally or artificially or diffused. Water from natural
springs shall be classified as surface water when it exits from the spring onto the earth's surface.
Definition from §373.019(14) Florida Statutes “Other watercourse” means any canal, ditch, or other artificial watercourse in which water usually flows in a defined bed or channel. It is not essential that the flowing be uniform or uninterrupted.
Definition from §62.340.200(15) Florida Administrative Code
“Seasonal High Water” means the elevation to which the ground and surface water can be expected to rise due to a normal wet season.
From The Florida Wetlands Delineation Manual pg. 37 Ordinary high water is that point on the slope or bank where the surface water from the water body ceases to exert a dominant influence on the character of the surrounding vegetation and soils. The OHWL frequently encompasses areas dominated by non-listed vegetation and non-hydric soils. When the OHWL is not at a wetland edge, the general view of the area may present an “upland” appearance.
Definition from §403.803(14) Florida Statutes
"Swale" means a manmade trench which: (a) Has a top width-to-depth ratio of the cross-section equal to or greater than 6:1, or side slopes equal to or greater than 3 feet horizontal to 1 foot vertical; (b) Contains contiguous areas of standing or flowing water only following a rainfall event; (c) Is planted with or has stablized vegetation suitable for soil stabilization, stormwater treatment, and nutrient uptake; and Is designed to take into acount the soil erodibility, soil percolation, slope, slope length, and drainage area so as to prevent erosion and reduce pollutant concentration of any discharge. 34. Photographs and/or videos: Soil profile with Data Form, Soil profile close-up, Cross section(s) at 6" depth for sandy textures and/or critical depths for fine textures, Hydric soil indicators, Water table or inundation depth, Four cardinal directions of plant strata present, Hydrologic indicators (with scale as necessary), Critical plant ID (optional)
Form 62-330.201(1) - Chapter 62-340, F.A.C. Data Form Incorporated by reference in subsection 62-330.201(1), F.A.C. (Dec. 22, 2020) Page 7 of 16
1. Description: Soil Profile
2. Description: Horizon: 1. Depth: 0 - 8 inches.
Form 62-330.201(1) - Chapter 62-340, F.A.C. Data Form Incorporated by reference in subsection 62-330.201(1), F.A.C. (Dec. 22, 2020) Page 8 of 16
3. Description: Horizon: 2. Depth: 8 - 13 inches.
4. Description: Facing N end of line
5. Description: Facing E
Form 62-330.201(1) - Chapter 62-340, F.A.C. Data Form Incorporated by reference in subsection 62-330.201(1), F.A.C. (Dec. 22, 2020) Page 9 of 16
6. Description: Facing E
7. Description: Facing E
Form 62-330.201(1) - Chapter 62-340, F.A.C. Data Form Incorporated by reference in subsection 62-330.201(1), F.A.C. (Dec. 22, 2020) Page 10 of 16
8. Description: Facing N facing pt 6
9. Description: Facing N facing pt 5
Form 62-330.201(1) - Chapter 62-340, F.A.C. Data Form Incorporated by reference in subsection 62-330.201(1), F.A.C. (Dec. 22, 2020) Page 11 of 16
10. Description: Facing N facing 4
11. Description: Facing E
Form 62-330.201(1) - Chapter 62-340, F.A.C. Data Form Incorporated by reference in subsection 62-330.201(1), F.A.C. (Dec. 22, 2020) Page 12 of 16
12. Description: Facing N near 3a
13. Description: Facing N facing 2a
Form 62-330.201(1) - Chapter 62-340, F.A.C. Data Form Incorporated by reference in subsection 62-330.201(1), F.A.C. (Dec. 22, 2020) Page 13 of 16
14. Description: Facing N facing 2
15. Description: Facing S
Form 62-330.201(1) - Chapter 62-340, F.A.C. Data Form Incorporated by reference in subsection 62-330.201(1), F.A.C. (Dec. 22, 2020) Page 14 of 16
16. Description: Facing E
17. Description: Facing N
Form 62-330.201(1) - Chapter 62-340, F.A.C. Data Form Incorporated by reference in subsection 62-330.201(1), F.A.C. (Dec. 22, 2020) Page 15 of 16
18. Description: Facing W
19. Description: Facing N
Form 62-330.201(1) - Chapter 62-340, F.A.C. Data Form Incorporated by reference in subsection 62-330.201(1), F.A.C. (Dec. 22, 2020) Page 16 of 16
Form 62-330.201(1) - Chapter 62-340, F.A.C. Data Form Incorporated by reference in subsection 62-330.201(1), F.A.C. (Dec. 22, 2020) Page 1 of 10
cm 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15
§ denotes the Rule, subsection, paragraph, or subparagraph referenced from Ch. 62-340, F.A.C. FDEP SLERC August 2019 Chapter 62-340, F.A.C. Data Form
1. Date: March 8, 2022 2. Staff Present: Emily Ritzel, Greg Alba 3. Form recorder(s): ER
4. County: Pinellas (52) 5. Site Name: Lake Chautauqua Property Tracking #: 416803
6. Point ID: Pt 2 GPS Coordinates: 28°00'22.9"N 82°43'25.8"W
7. Distances and bearings from fixed objects (if no GPS):
8. Current condition of described point: ☑ Authorized or legal condition ☐ Unauthorized or illegal condition
9. Work type: ☐ Identification ☑ Delineation
Point status: ☑ Wetland ☐ Non-Wetland Surface Water ☐ Upland
10. Vegetative Stratum §62-340.400: Using §62-340.400, F.A.C. with reasonable scientific judgment, select the appropriate vegetative stratum. (Do not include FAC species when determining 10% minimum areal extent.)
☑ Canopy (Min. 10% areal extent) ☐ Subcanopy (Min. 10% areal extent) ☐ Groundcover (No min. areal
extent) ☐ Vegetation Absent (skip to #14) ☐ Evaluation Impossible (skip to #14) Why?
11. Plant List §62-340.200(2),(6),(16), §62-340.400, §62-340.450, F.A.C.:
As is under current conditions, without considering RSJ1 or the legality of any alterations: Areal extent estimator: ER
Select and identify plants in an area just large enough to represent and classify the plant community at the described point. Do not extend into different communities or hydrologic conditions.
1. Record the scientific name (binomial) and status of each plant species necessary to identify/delineate and classify the plant
community in the selected area.
2. Record the percent areal extent in the canopy, subcanopy, and groundcover columns for
each species.
3. For each species present in the stratum selected in #10, transfer the numbers from only that stratum’s
column into the appropriate status columns.
# Binomial of Observed Species Status Canopy Subcanopy Groundcover Upland Facultative Fac. Wet Obligate
1. Melaleuca quinquenervia F 5 0 0 0 5 0 0
2. Acer rubrum FW 35 0 0 0 0 35 0
3. Myrica cerifera F 2 5 0 0 2 0 0
4. Andropogon virginicus F 0 0 25 0 0 0 0
5. Andropogon glomeratus FW 0 0 5 0 0 0 0
6. Rhynchospora spp. FW 0 0 20 0 0 0 0
7. Chamaemelum spp. U 0 0 5 0 0 0 0
Percent areal extent totals for the stratum selected in question 10 0 7 35 0
12. In the stratum selected in #10: What is the % areal extent of Obligate plants? 0
What is the % areal extent of Upland plants? 0
Is the areal extent of Obligate plants greater than that of Upland plants? ☐ Yes ☑ No
13. In the stratum selected in #10: What is the total % areal extent of Obligate & Facultative Wet plants combined? 35
What is the total % areal extent of Obligate, Facultative Wet, & Upland plants combined? 35
What is the percentage of OBL + FACW in relation to all plants, excluding FAC? OBL+FACW OBL+FACW+UPL 100%
Form 62-330.201(1) - Chapter 62-340, F.A.C. Data Form Incorporated by reference in subsection 62-330.201(1), F.A.C. (Dec. 22, 2020) Page 2 of 10
Point ID/Location: 28°00'22.9"N 82°43'25.8"W Soil describer: ER
14. LRR/MLRA U Textures: Peat, Mucky Peat, Muck, Mucky Mineral (S or F), Sand, Fine, Marl
15. Is a soil profile evaluation possible? ☑ Yes ☐ No If no, why? (If No, skip to #18)
16. Soil Description: As is under current conditions, without considering RSJ1 or the legality of any alterations Soil surface, or 0 inch depth for purposes of Chapter 62-340, F.A.C. is the muck or mineral surface (whether natural or fill)
Horizon
beginning to ending Depth (inches)
Matrix Texture
moist condition Matrix
Hue Value/ Chroma
for sandy matrix horizons w/
value ≤ 3: % Organic Coating
- Describe soil features: DA (areas darker than matrix), LA (areas lighter than matrix), - RC (redox concentrations): Record in moist condition hue value/chroma; % volume in horizon; boundaries (sharp/clear/diffuse); shape (rounded/linear/angular). - OB (organic bodies): Record texture (muck or mucky mineral), % volume in horizon. - H2S (hydrogen sulfide odor): Indicate shallowest depth where detected
- Note if horizon is Physically Mixed (PM), Nonsoil (any material not listed
in "Textures" above), or Fill and describe.
1 0 - 8 Sand 10YR 6/2 LA: 10YR 7/2, round and diffuse, 10% DA: 10YR 2/1, round and clear, 25%
2 8 – 13+ Sand 10YR 5/2 LA: 10YR 6/2, round and diffuse, 10% DA: 10YR 2/1, round and clear, 10%
17. Hydric Soil Field Indicators: If present, check all Hydric Soil Field Indicators satisfied and specify their beginning and ending depths
# Indicator Present Begin Depth End Depth
1 S6 0 8
* = Stand-alone D Test - both hydric soil and hydrologic indicator To combine layers/indicators to meet thickness requirements, see NRCS Hydric Soils Technical Note 4. 18. Excluding organic horizons, is any nonsoil horizon present at or within the uppermost 12 inches of the ground surface? ☐ Yes (e.g. bedrock, rock outcrop, limestone fill, gravel, etc) ☑ No ☐ Soil profile or site inaccessible
19. Is one or more hydric soil field indicators present? ☑ Yes ☐ No ☐ Inconclusive (e.g., evaluation to 12+ inches
impeded by disturbance, water, nonsoil, no site access, etc.) If no or inconclusive, is the soil hydric as determined by other NRCS methods?
☐ Yes Which method(s)? ☐ No ☐ Inconclusive Why?
20. Is the depth of the soil profile 20 inches or greater from the soil surface? ☐ Yes ☑ No If no, depth of soil
profile is: 13 inches Why? Root refusal (e.g., root refusal, nonsoil, water table, loose sand, heavy texture, compaction, weather conditions, inspection interrupted)
21. Observed height or depth of standing water from soil surface: inches ☑ Above ☐ Below ☐ Not Observed
Form 62-330.201(1) - Chapter 62-340, F.A.C. Data Form Incorporated by reference in subsection 62-330.201(1), F.A.C. (Dec. 22, 2020) Page 3 of 10
Point ID/Location: 28°00'22.9"N 82°43'25.8"W Indicator evaluator:
22. Hydrologic Indicators: As is under current conditions, without considering RSJ1 or the legality of any alterations
Hydrologic Indicators per §62-340.500, F.A.C. (and as applied to §62-340.600, F.A.C.)
Present
at or near
point
Predicted during normal
high
water or wet season
Within 100 ft waterward
of point (not
for upland points)
1. Describe the type of all checked indicators. 2. Approximate the distance and compass direction of indicators within 100 ft of the point. 3. For water level indicators (potential indicators denoted by *) note the height from ground surface at the point as well as waterward (with distance from point). Only for indicators not present due to dry season/drought
(13) Water marks* Yes 5 feet West. 6 inches from ground surface.
(8) Hydrologic Data Yes West of Lake Chautauqua
Highest water level indicator height at point: inches ☐ Above Ground Surface ☐ No Water Level Indicators
☐ Above Soil Surface ☐ N/A (described point is Upland) 23. Is one or more hydrologic indicator(s) listed in §62-340.500, F.A.C. present or predicted with normal high water or
wet season conditions at the described point? ☑ Yes ☐ No ☐ Evaluation Impossible Why?
24. Delineation by Wetland Definition §62-340.300(1), F.A.C.
As is under current conditions, without considering RSJ1 or the legality of any alterations:
a) Has a wetland boundary been delineated at the described point? ☑ Yes ☐ No (If No, skip to #25)
b) If yes to 24a, can the boundary be easily delineated using the definition of wetlands? ☑ Yes ☐ No
25. A & B Test Wetland Criteria §62-340.300(2)(a),(b), F.A.C.
As is under current conditions, without considering RSJ1 or the legality of any alterations:
a) Is the areal extent of Obligate plants in the stratum selected in #10 greater than the areal extent of all Upland plants
in that stratum? (See #12) ☐ Yes ☑ No ☐ Vegetation Absent (skip to $25f) ☐ Evaluation Impossible (skip to
#26a)
b) Is the areal extent of Obligate and/or Facultative Wet plants in the stratum selected in #10 equal to or greater than
80% of all the plants in that stratum, excluding Facultative plants? (See #13) ☑ Yes ☐ No
c) Is the soil hydric as identified using standard NRCS definitions and practices? (see #19)
☑ Yes ☐ No ☐ Indeterminable with current conditions Why?
d) Is the substrate composed of riverwash, nonsoil (see #18), rock outcrop-soil complex, or is the substrate located
within an artificially created wetland area? ☐ Yes ☑ No If yes, which condition is present?
e) Is one or more of the hydrologic indicators in §62-340.500, F.A.C. present at the described point? (See #23) ☑ Yes ☐
No
f) Are the A Test criteria met per §62-340.300(2)(a), F.A.C. at the described point? ☐ Yes ☑ No
(Note: If yes to 25a and yes to either 25c, 25d, or 25e, A Test criteria are met)
g) Are the B Test criteria met per §62-340.300(2)(b), F.A.C. at the described point? ☑ Yes ☐ No
(Note: If yes to 25b and yes to either 25c, 25d, or 25e, B Test criteria are met)
h) Are there any alterations or conditions affecting reliable application of the A or B Test such that the Altered Sites
Test is more appropriate? ☐ Yes ☑ No
Form 62-330.201(1) - Chapter 62-340, F.A.C. Data Form Incorporated by reference in subsection 62-330.201(1), F.A.C. (Dec. 22, 2020) Page 4 of 10
Point ID/Location: 28°00'22.9"N 82°43'25.8"W 26. C Test Wetland Criteria §62-340.300(2)(c), F.A.C.
As is under current conditions, without considering RSJ1 or the legality of any alterations:
a) Per §62-340.300(2)(c), F.A.C. is the described point Pine Flatwoods or Improved Pasture, or does it have drained
soils? ☐ Yes ☑ No If yes, select which of the following are met, then skip to #26d
☐ Pine Flatwoods ☐ Improved Pasture ☐ Drained Soils
Pine Flatwoods must have flat terrain, a monotypic or mixed canopy of long leaf pine or slash pine, and a ground cover dominated by saw palmetto with other species that are NOT obligate or facultative wet. Improved Pasture means areas where the dominant native plant community has been replaced with planted or natural recruitment of herbaceous species which are NOT obligate or facultative wet species and which have been actively maintained for livestock through mechanical means or grazing. Drained Soils are those in which permanent alterations, excluding mechanical pumping, preclude the formation of hydric soils. b) Are the soils at the described point saline sands (salt flats-tidal flats), or have they been field verified by NRCS's
Keys to Soil Taxonomy (4th ed. 1990) as Umbraqualfs, Sulfaquents, Hydraquents, Humaquepts, Histosols (except
Folists), Argiaquolls, or Umbraquults? ☐ Yes ☑ No
c) Do the soils at the described point have a NRCS hydric soil field indicator (see #17), and is the point located
within a map unit named or designated by the NRCS as frequently flooded, depressional, or water?
Map Unit: Water ☐ Yes ☑ No ☐ Inconclusive Why? (skip to #27a)
d) Are the C Test criteria met per §62-340.300(2)(c), F.A.C. at the described point? ☐ Yes ☑ No
(Note: If no to 26a and yes to either 26b or 26c, C Test criteria are met)
e) Are there any alterations or conditions affecting reliable application of the C Test such that the Altered Sites Test
is more appropriate? ☐ Yes ☑ No
27. D Test Wetland Criteria §62-340.300(2)(d), F.A.C.
As is under current conditions, without considering RSJ1 or the legality of any alterations:
a) Is the soil hydric as verified by a NRCS hydric soil field indicator? (See #17)
☑ Yes ☐ No (skip to #27d) ☐ Inconclusive Why? (skip to #28)
b) Does any NRCS hydric soil field indicator begin at the soil surface or are any of the following indicators present:
A1, A2, A3, A4, A5, A7, A8, A9, S4, F2? ☑ Yes ☐ No (If yes, then hydrologic indicator §62-340.500(8) or (11) is met)
c) Is one or more of the hydrologic indicators in §62-340.500, F.A.C. present at the described point? (See #23) ☑ Yes ☐ No
d) Are the D Test criteria met per §62-340.300(2)(d), F.A.C. at the described point? ☑ Yes ☐ No
(Note: If yes to 27a and yes to either 27b or 27c, D Test criteria may be met)
e) Are there any alterations or conditions affecting reliable application of the D Test such that the Altered Sites Test
is more appropriate? ☐ Yes ☑ No
28. Altered Sites Tests §62-340.300(3), F.A.C. (Legal/Authorized or Illegal/Unauthorized)
For purposes of Chapter 62-340, F.A.C. altered refers to any natural or man-induced condition(s) which masks or eliminates reliable expression of wetland indicators (i.e. hydrophytic vegetation, hydric soils, and hydrologic indicators). Unaltered or normal does not require a natural condition, only an expression of wetland indicators that is sufficient to reliably identify or delineate the wetland using the criteria in §62-340.300, F.A.C.
Are alterations affecting normal wetland condition? ☐ Yes ☑ No (skip to #32) ☐ Evaluation Impossible (skip to #32)
29. Authorized or Legally Altered Vegetation and Soils Test Criteria §62-340.300(3)(a), F.A.C.
a) Are there authorized or legal alterations affecting reliable expression of vegetation at the described point? ☐ Yes ☐ No If yes, how?
b) Are there authorized or legal alterations affecting reliable soil evaluation at the described point? ☐ Yes ☐ No
If yes, how? (If no to both 29a and 29b, skip to #30)
c) If yes to 29a or 29b, which criteria tests are affected by the legal alterations? ☐ A Test ☐ B Test ☐ C Test ☐ D Test
d) Using the most reliable available information and reasonable scientific judgment, would the types of evidence and
characteristics contemplated in §62-340.300, F.A.C. identify or delineate the described point as a wetland with
cessation of the legal altering activities? ☐ Yes ☐ No If no, why? (If no, skip to #30)
e) If yes to 29d, what §62-340.300, F.A.C. evidence is present now and/or will be present in the future with cessation of
legal altering activities? ☐ Plants ☐ Soils ☐ Hydrologic indicators
f) If yes to 29d, which tests would be passed with cessation of legal altering activities?
☐ Wetland Definition ☐ A Test ☐ B Test ☐ C Test ☐ D Test Why?
Form 62-330.201(1) - Chapter 62-340, F.A.C. Data Form Incorporated by reference in subsection 62-330.201(1), F.A.C. (Dec. 22, 2020) Page 5 of 10
Point ID/Location: 28°00'22.9"N 82°43'25.8"W 30. Authorized or Legally Altered Hydrology Test Criteria §62-340.300(3)(b), F.A.C.
a) Has wetland hydrology of the area been legally drained or lowered? ☐ Yes ☐ No (If no, skip to #31) If yes, how?
b) Has wetland hydrology been legally eliminated at the described point? ☐ Yes ☐ No (If no, skip to #31)
c) If yes to 30b, using reasonable scientific judgment or §62-340.550, F.A.C., have dredging or filling activities authorized by Part IV of Chapter 373, F.S. permanently eliminated wetland hydrology at the described point such
that the wetland definition cannot be met? ☐ Yes (point is upland) ☐ No (If yes, skip to #31)
Chapter 373, F.S. Part II activities (e.g., water use permits) or other temporary hydrologic alterations (e.g., surface water pumps, drought) do not apply to this or any other Ch. 62-340, F.A.C. determinations.
d) If no to 30c, what §62-340.300, F.A.C. evidence is present now and/or will be present in the future with cessation of
temporary hydrologic drainage? ☐ Plants ☐ Soils ☐ Hydrologic indicators
e) If no to 30c, Which tests would be passed with cessation of temporary hydrologic alterations?
☐ Wetland Definition ☐ A Test ☐ B Test ☐ C Test ☐ D Test
Why?
31. Unauthorized or Illegally Altered Sites Test Criteria §62-340.300(3)(c), F.A.C.
If the altering activity is a violation of regulatory requirements, then application of §62-340.300(3)(c), F.A.C. and all provisions of Chapter 62-340, F.A.C. are utilized to identify or delineate the wetland in a forensic manner. This identification or delineation reflects the condition immediately prior to the unauthorized alteration.
a) Have any unauthorized alterations affected the normal wetland condition at the described point? ☐ Yes ☐ No
If yes, how? (If no, skip to #32)
b) If yes to 31a, which criteria tests are affected by the unauthorized alterations? ☐ A Test ☐ B Test ☐ C Test ☐ D Test
c) With reasonable scientific judgment is the described point a wetland, or would it have been a wetland immediately
prior to the unauthorized alteration? ☐ Yes ☐ No If no, why? (If no, skip to #32)
d) If yes to 31c, what §62-340.300, F.A.C. evidence is present now and/or was present immediately prior to the unauthorized
alteration? ☐ Plants ☐ Soils ☐ Hydrologic indicators
e) If yes to 31c, which tests would be passed immediately prior to the unauthorized alteration?
☐ Wetland Definition ☐ A Test ☐ B Test ☐ C Test ☐ D Test Why? 32. Wetland and Other Surface Water Summary §62-340.600(2)(a-e), F.A.C.:
Given normal expression, cessation of authorized alterations, or immediately prior to any unauthorized alterations:
a) With reasonable scientific judgment is the described point a wetland as defined in §62-340.200(19), F.A.C. and
located by Ch. 62-340, F.A.C.? ☑ Yes ☐ No If yes, which criteria identified or delineated the wetland? ☐ Wetland Definition ☐ A Test ☑ B Test ☐ C Test ☑ D Test
If summary answers differ from answers in 25f, 25g, 26d, or 27d, why?
b) Is the described point located at or within the Mean High Water Line of a tidal water body?
☐ Yes ☑ No ☐ MHWL Unknown
c) Is the described point located at or within the Ordinary High Water Line of a non-tidal natural water body or natural
watercourse? ☐ Yes ☑ No
d) Is the described point located at or within the top of the bank of an artificial lake, borrow pit, canal, ditch, or other type of artificial water body or watercourse with side slopes of 1 foot vertical to 4 feet horizontal or steeper,
excluding spoil banks when the canals and ditches have resulted from excavation into the ground? ☐ Yes ☑
No
e) Is the described point located at or within the Seasonal High Water Line of an artificial lake, borrow pit, canal, ditch, or other type of artificial water body or watercourse with side slopes flatter than 1 foot vertical to 4 feet horizontal or
an artificial water body created by diking or impoundment above the ground? ☐ Yes ☑ No 33. Connection or Isolation of Wetland per Applicant's Handbook Vol.1 Section 2.0 If the described point is a wetland, does it have a connection via wetlands or other surface waters, or is it wholly
surrounded by uplands and therefore isolated? ☐ Connected ☑ Isolated ☐ N/A (Point is not wetland)
Form 62-330.201(1) - Chapter 62-340, F.A.C. Data Form Incorporated by reference in subsection 62-330.201(1), F.A.C. (Dec. 22, 2020) Page 6 of 10
Point ID/Location: 28°00'22.9"N 82°43'25.8"W Notes: Please see site inspection report for photos.
Helpful Definitions for Applying Ch 62-340, F.A.C.
1RSJ stands for Reasonable Scientific Judgment where used throughout this Data Form (See The Florida Wetlands Delineation Manual pg. 2 & 12)
2HSTS stands for Hydric Soils Technical Standard (See NRCS Hydric Soils Technical Note 11)
Definition from §62.340.200(19) Florida Administrative Code “Wetlands,” as defined in subsection 373.019(17), F.S., means those areas that are inundated or saturated by surface water or ground water at a frequency and a duration sufficient to support, and under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soils. Soils present in wetlands generally are classified as hydric or alluvial, or possess characteristics that are associated with reducing soil conditions. The prevalent vegetation in wetlands generally consists of facultative or obligate hydrophytic macrophytes that are typically adapted to areas
having soil conditions described above. These species, due to morphological, physiological, or reproductive adaptations, have the ability to grow,
reproduce or persist in aquatic environments or anaerobic soil conditions. Florida wetlands generally include swamps, marshes, bayheads, bogs, cypress domes and strands, sloughs, wet prairies, riverine swamps and marshes, hydric seepage slopes, tidal marshes, mangrove swamps and other similar areas. Florida wetlands generally do not include longleaf or slash pine flatwoods with an understory dominated by saw palmetto.
Definition from §373.019(19) Florida Statutes
“Surface water” means water upon the surface of the earth, whether contained in bounds created naturally or artificially or diffused. Water from natural
springs shall be classified as surface water when it exits from the spring onto the earth's surface.
Definition from §373.019(14) Florida Statutes “Other watercourse” means any canal, ditch, or other artificial watercourse in which water usually flows in a defined bed or channel. It is not essential that the flowing be uniform or uninterrupted.
Definition from §62.340.200(15) Florida Administrative Code
“Seasonal High Water” means the elevation to which the ground and surface water can be expected to rise due to a normal wet season.
From The Florida Wetlands Delineation Manual pg. 37 Ordinary high water is that point on the slope or bank where the surface water from the water body ceases to exert a dominant influence on the character of the surrounding vegetation and soils. The OHWL frequently encompasses areas dominated by non-listed vegetation and non-hydric soils. When the OHWL is not at a wetland edge, the general view of the area may present an “upland” appearance.
Definition from §403.803(14) Florida Statutes
"Swale" means a manmade trench which: (a) Has a top width-to-depth ratio of the cross-section equal to or greater than 6:1, or side slopes equal to or greater than 3 feet horizontal to 1 foot vertical; (b) Contains contiguous areas of standing or flowing water only following a rainfall event; (c) Is planted with or has stablized vegetation suitable for soil stabilization, stormwater treatment, and nutrient uptake; and Is designed to take into acount the soil erodibility, soil percolation, slope, slope length, and drainage area so as to prevent erosion and reduce pollutant concentration of any discharge. 34. Photographs and/or videos: Soil profile with Data Form, Soil profile close-up, Cross section(s) at 6" depth for sandy textures and/or critical depths for fine textures, Hydric soil indicators, Water table or inundation depth, Four cardinal directions of plant strata present, Hydrologic indicators (with scale as necessary), Critical plant ID (optional)
Form 62-330.201(1) - Chapter 62-340, F.A.C. Data Form Incorporated by reference in subsection 62-330.201(1), F.A.C. (Dec. 22, 2020) Page 7 of 10
1. Description: Soil Profile 13+
2. Description: Horizon: 2. Depth: 8 - 13 inches.
Form 62-330.201(1) - Chapter 62-340, F.A.C. Data Form Incorporated by reference in subsection 62-330.201(1), F.A.C. (Dec. 22, 2020) Page 8 of 10
3. Description: (13) Water marks*
4. Description: Lake
Form 62-330.201(1) - Chapter 62-340, F.A.C. Data Form Incorporated by reference in subsection 62-330.201(1), F.A.C. (Dec. 22, 2020) Page 9 of 10
5. Description: Facing E
6. Description: Facing E
7. Description: Facing W
Form 62-330.201(1) - Chapter 62-340, F.A.C. Data Form Incorporated by reference in subsection 62-330.201(1), F.A.C. (Dec. 22, 2020) Page 10 of 10
8. Description: Facing N
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#24-1467
Agenda Date: 12/16/2024 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Public Works
Agenda Number: 5.1
SUBJECT/RECOMMENDATION:
Authorize a purchase order increase and extension to David Nelson Construction Company of Palm
Harbor, Florida for 2021 Stormwater Repairs on a unit price basis in the not-to-exceed amount of
$3,000,000.00 through December 31, 2025, pursuant to ITB 20-0029-EN, and authorize the appropriate
officials to execute same. (consent)
SUMMARY:
The intent of this project is to establish an annual contract for as-needed stormwater infrastructure
improvements and repairs, including but not limited to repair and replacement of existing stormwater
pipe networks, erosion mitigation with use of gabions or appropriate slope stability procedures, and
addition of new stormwater infrastructure to help alleviate localized flooding and emergency repairs.
Projects covered by this contract will be of size and scale not feasible for city forces to complete.
September 3, 2020, City Council approved the 2021 Annual Stormwater Repair contract to David Nelson
pursuant to Invitation to bid 20-0029-EN for one year with an option for three additional one-year renewal
terms on a unit price basis.
August 21, 2024, the City Manager approved Administrative Change Order 1, extending the project date
by 90 days.
The Public Works Department (PWD) is requesting a one-year extension of this contract to complete
ongoing repairs and address damage caused by Hurricanes Helene and Milton, as well as any additional
repairs that may arise, until a new Stormwater Maintenance contract is established. Since this contract
was awarded through a competitive bidding process and extension of the contract by council is permitted
by our purchasing rules, staff believes it will be a more favorable method of procurement than using a
CMAR from a continuing contract when seeking FEMA reimbursement for storm related repairs. PWD
remains focused on maximizing opportunities for FEMA reimbursement for damages.
This is a unit price contract not to exceed $3,000,000.00. The Engineering Division was able to negotiate
with the contractor who agreed to a unit price increase based on the Consumer Price Index of 3.3%
increase from 2020 bid prices.
APPROPRIATION CODE AND AMOUNT:
ENST180001-CONS-CNSTRC
Funds are available in capital improvement project ENST180001, Storm System Improvements, to fund
this contract. This project is funded by Stormwater Revenues.
STRATEGIC PRIORITY:
1.2 Maintain public infrastructure, mobility systems, natural lands, environmental resources, and historic
features through systematic management efforts. 1.4 Foster safe and healthy communities in Clearwater
through first-class public safety and emergency response services. 1.5 Embrace a culture of innovation
that drives continuous improvement and successfully serves all our customers. 4.1 Support proactive
climate resiliency strategies based in science to protect natural and built environments from impacts
associated with sea level rise
Page 1 City of Clearwater Printed on 12/11/2024
2021 Stormwater Repairs 20-0029-EN
BID OPENING - August 5, 2020 AWARD - September 3, 2020
Item #BID ITEMS UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT1.0 MOBILIZATION AND SITE PREPARATION
1.1 MOBILIZATION EA 10 13,500.00$ 135,000.00$ 16,900.00$ 169,000.00$ 24,000.00$ 240,000.00$ 13,200.00$ 132,000.00$ 15,525.00$ 155,250.00$
1.2 MAINTENANCE OF TRAFFIC EA 10 14,000.00$ 140,000.00$ 4,700.00$ 47,000.00$ 5,000.00$ 50,000.00$ 2,180.00$ 21,800.00$ 4,300.00$ 43,000.00$
1.3 EROSION AND SEDIMENT CONTROL EA 10 1,736.00$ 17,360.00$ 2,100.00$ 21,000.00$ 2,500.00$ 25,000.00$ 1,270.00$ 12,700.00$ 870.00$ 8,700.00$
2.0 EARTHWORK
2.1 UNSUITABLE MATERIAL REMOVAL & REPLACE CY 700 30.80$ 21,560.00$ 38.00$ 26,600.00$ 40.00$ 28,000.00$ 103.00$ 72,100.00$ 12.00$ 8,400.00$
2.2 SWALE GRADING LF 200 25.20$ 5,040.00$ 30.00$ 6,000.00$ 25.00$ 5,000.00$ 34.00$ 6,800.00$ 70.00$ 14,000.00$
2.3 PLUGGING & ABANDON IN-PLACE AND GROUT PIPE CY 100 270.00$ 27,000.00$ 310.00$ 31,000.00$ 840.00$ 84,000.00$ 253.00$ 25,300.00$ 180.00$ 18,000.00$
2.4 EROSION PROTECTION- RIP RAP TN 100 196.00$ 19,600.00$ 120.00$ 12,000.00$ 325.00$ 32,500.00$ 655.00$ 65,500.00$ 63.00$ 6,300.00$
2.5 GABION BASKETS CY 200 413.00$ 82,600.00$ 420.00$ 84,000.00$ 300.00$ 60,000.00$ 382.00$ 76,400.00$ 470.00$ 94,000.00$
2.6 IMPORT FILL CY 100 24.50$ 2,450.00$ 23.00$ 2,300.00$ 62.00$ 6,200.00$ 44.00$ 4,400.00$ 22.00$ 2,200.00$
3.0 DRAINAGE
PIPE DEPTH ≤ 6’
3.1 15" REINFORCED CONCRETE PIPE (RCP)LF 400 72.00$ 28,800.00$ 51.00$ 20,400.00$ 175.00$ 70,000.00$ 256.00$ 102,400.00$ 98.30$ 39,320.00$
3.2 18" REINFORCED CONCRETE PIPE (RCP)LF 100 80.00$ 8,000.00$ 61.00$ 6,100.00$ 193.00$ 19,300.00$ 305.00$ 30,500.00$ 105.00$ 10,500.00$
3.3 24" REINFORCED CONCRETE PIPE (RCP)LF 100 90.00$ 9,000.00$ 74.00$ 7,400.00$ 211.00$ 21,100.00$ 290.00$ 29,000.00$ 117.00$ 11,700.00$
3.4 30" REINFORCED CONCRETE PIPE (RCP)LF 100 105.00$ 10,500.00$ 92.00$ 9,200.00$ 220.00$ 22,000.00$ 320.00$ 32,000.00$ 131.00$ 13,100.00$
3.5 36" REINFORCED CONCRETE PIPE (RCP)LF 100 115.00$ 11,500.00$ 97.00$ 9,700.00$ 270.00$ 27,000.00$ 355.00$ 35,500.00$ 152.00$ 15,200.00$
3.6 42" REINFORCED CONCRETE PIPE (RCP)LF 100 130.00$ 13,000.00$ 115.00$ 11,500.00$ 330.00$ 33,000.00$ 388.00$ 38,800.00$ 170.00$ 17,000.00$
3.7 48" REINFORCED CONCRETE PIPE (RCP)LF 100 140.00$ 14,000.00$ 125.00$ 12,500.00$ 370.00$ 37,000.00$ 440.00$ 44,000.00$ 191.00$ 19,100.00$
3.8 CITY STANDARD CURB INLET (S.D. A-9)EA 2 5,750.00$ 11,500.00$ 5,500.00$ 11,000.00$ 10,000.00$ 20,000.00$ 10,180.00$ 20,360.00$ 9,215.00$ 18,430.00$
3.9 FDOT TYPE J-7T M.H. (5X5)EA 2 4,950.00$ 9,900.00$ 3,600.00$ 7,200.00$ 6,300.00$ 12,600.00$ 5,666.00$ 11,332.00$ 6,445.00$ 12,890.00$
3.1 FDOT TYPE J-7T M.H. (6X6)EA 2 5,300.00$ 10,600.00$ 4,400.00$ 8,800.00$ 7,700.00$ 15,400.00$ 7,510.00$ 15,020.00$ 6,875.00$ 13,750.00$
3.1 FDOT TYPE J-7T M.H. (6X7)EA 2 6,000.00$ 12,000.00$ 5,500.00$ 11,000.00$ 8,500.00$ 17,000.00$ 8,340.00$ 16,680.00$ 7,380.00$ 14,760.00$
3.1 FDOT TYPE "F" D.B.I.EA 2 4,000.00$ 8,000.00$ 3,200.00$ 6,400.00$ 6,950.00$ 13,900.00$ 5,550.00$ 11,100.00$ 6,000.00$ 12,000.00$
3.1 FDOT TYPE "C" D.B.I.EA 2 3,500.00$ 7,000.00$ 2,800.00$ 5,600.00$ 4,800.00$ 9,600.00$ 4,840.00$ 9,680.00$ 4,795.00$ 9,590.00$
PIPE DEPTH > 6’ ≤ 10’
3.1 15" REINFORCED CONCRETE PIPE (RCP)LF 100 84.00$ 8,400.00$ 58.00$ 5,800.00$ 225.00$ 22,500.00$ 295.00$ 29,500.00$ 106.00$ 10,600.00$
3.2 18" REINFORCED CONCRETE PIPE (RCP)LF 100 95.00$ 9,500.00$ 65.00$ 6,500.00$ 235.00$ 23,500.00$ 350.00$ 35,000.00$ 113.00$ 11,300.00$
3.2 24" REINFORCED CONCRETE PIPE (RCP)LF 100 105.00$ 10,500.00$ 80.00$ 8,000.00$ 250.00$ 25,000.00$ 340.00$ 34,000.00$ 125.00$ 12,500.00$
3.2 30" REINFORCED CONCRETE PIPE (RCP)LF 75 140.00$ 10,500.00$ 106.00$ 7,950.00$ 285.00$ 21,375.00$ 370.00$ 27,750.00$ 140.00$ 10,500.00$
3.2 36" REINFORCED CONCRETE PIPE (RCP)LF 75 165.00$ 12,375.00$ 130.00$ 9,750.00$ 315.00$ 23,625.00$ 405.00$ 30,375.00$ 158.00$ 11,850.00$
3.2 42" REINFORCED CONCRETE PIPE (RCP)LF 75 195.00$ 14,625.00$ 140.00$ 10,500.00$ 370.00$ 27,750.00$ 440.00$ 33,000.00$ 175.00$ 13,125.00$
3.2 48" REINFORCED CONCRETE PIPE (RCP)LF 75 205.00$ 15,375.00$ 160.00$ 12,000.00$ 400.00$ 30,000.00$ 490.00$ 36,750.00$ 197.00$ 14,775.00$
3.2 CITY STANDARD CURB INLET (S.D. A-9)EA 2 6,300.00$ 12,600.00$ 6,000.00$ 12,000.00$ 11,000.00$ 22,000.00$ 9,890.00$ 19,780.00$ 10,890.00$ 21,780.00$
3.2 FDOT TYPE J-7T M.H. (5X5)EA 2 5,825.00$ 11,650.00$ 5,500.00$ 11,000.00$ 9,200.00$ 18,400.00$ 9,020.00$ 18,040.00$ 8,120.00$ 16,240.00$
3.2 FDOT TYPE J-7T M.H. (6X6)EA 2 6,675.00$ 13,350.00$ 6,400.00$ 12,800.00$ 11,000.00$ 22,000.00$ 10,355.00$ 20,710.00$ 9,150.00$ 18,300.00$
3.2 FDOT TYPE J-7T M.H. (6X7)EA 2 7,675.00$ 15,350.00$ 7,500.00$ 15,000.00$ 11,500.00$ 23,000.00$ 11,000.00$ 22,000.00$ 9,580.00$ 19,160.00$
3.3 FDOT TYPE "F" D.B.I.EA 2 6,125.00$ 12,250.00$ 4,200.00$ 8,400.00$ 7,625.00$ 15,250.00$ 6,800.00$ 13,600.00$ 6,485.00$ 12,970.00$
3.3 FDOT TYPE "C" D.B.I.EA 2 4,125.00$ 8,250.00$ 3,400.00$ 6,800.00$ 6,500.00$ 13,000.00$ 6,065.00$ 12,130.00$ 5,940.00$ 11,880.00$
3.3 UNDERDRAIN REMOVAL AND REPLACEMENT (6" AND 8")LF 300 42.00$ 12,600.00$ 45.00$ 13,500.00$ 90.00$ 27,000.00$ 76.00$ 22,800.00$ 58.50$ 17,550.00$
4.0 PAVING AND MARKING
Steve's Excavating &
Paving, Inc
1741 North Keene Rd
Clearwater, FL 33755
David Nelson Construction
3489 Atlernate 19
Palm Harbor, FL 34683
Rowland Inc.
6855 102nd Ave. N.
Pinellas Park, FL 33782
PCS Civil
6920 Asphalt Ave.,
Tampa, FL 33614
Keystone Excavators
371 Scarlet Blvd.
Oldsmar, FL 34677
2021 Stormwater Repairs 20-0029-EN
BID OPENING - August 5, 2020 AWARD - September 3, 2020
Item #BID ITEMS UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT
Steve's Excavating &
Paving, Inc
1741 North Keene Rd
Clearwater, FL 33755
David Nelson Construction
3489 Atlernate 19
Palm Harbor, FL 34683
Rowland Inc.
6855 102nd Ave. N.
Pinellas Park, FL 33782
PCS Civil
6920 Asphalt Ave.,
Tampa, FL 33614
Keystone Excavators
371 Scarlet Blvd.
Oldsmar, FL 34677
4.1 8" ROADWAY BASE (LBR 100)SY 3500 29.40$ 102,900.00$ 19.00$ 66,500.00$ 26.00$ 91,000.00$ 40.60$ 142,100.00$ 23.60$ 82,600.00$
4.2 12" STABILIZED SUBGRADE (LBR 40)SY 3000 14.00$ 42,000.00$ 12.50$ 37,500.00$ 35.00$ 105,000.00$ 23.00$ 69,000.00$ 15.00$ 45,000.00$
4.3 STRAIGHT CURB LF 200 29.40$ 5,880.00$ 24.00$ 4,800.00$ 110.00$ 22,000.00$ 78.00$ 15,600.00$ 31.00$ 6,200.00$
4.4 HEADER CURB LF 200 25.20$ 5,040.00$ 28.00$ 5,600.00$ 110.00$ 22,000.00$ 78.00$ 15,600.00$ 31.00$ 6,200.00$
4.5 CITY MODIFIED CURB LF 1000 30.80$ 30,800.00$ 28.00$ 28,000.00$ 105.00$ 105,000.00$ 78.00$ 78,000.00$ 31.00$ 31,000.00$
4.6 CITY TYPE I CURB LF 1000 30.80$ 30,800.00$ 28.00$ 28,000.00$ 108.00$ 108,000.00$ 78.00$ 78,000.00$ 31.00$ 31,000.00$
4.7 VALLEY GUTTER CURB LF 1000 43.40$ 43,400.00$ 28.00$ 28,000.00$ 110.00$ 110,000.00$ 78.00$ 78,000.00$ 33.00$ 33,000.00$
4.8 R&R 4" CONCRETE SIDEWALK SF 1500 9.00$ 13,500.00$ 8.00$ 12,000.00$ 20.00$ 30,000.00$ 7.00$ 10,500.00$ 6.75$ 10,125.00$
4.9 R&R CONCRETE DRIVEWAY RESTORATION SF 2500 10.00$ 25,000.00$ 12.00$ 30,000.00$ 30.00$ 75,000.00$ 16.40$ 41,000.00$ 8.00$ 20,000.00$
4.1 PEDESTRIAN RAMPS W/ DETECTABLE WARNING EA 5 1,350.00$ 6,750.00$ 2,100.00$ 10,500.00$ 300.00$ 1,500.00$ 3,430.00$ 17,150.00$ 3,500.00$ 17,500.00$
MILLING / PAVING
4.1 MILLING (UP TO 2")SY 4500 6.30$ 28,350.00$ 12.00$ 54,000.00$ 29.00$ 130,500.00$ 70.90$ 319,050.00$ 18.00$ 81,000.00$
4.1 MILLING (2" - 4")SY 2500 8.50$ 21,250.00$ 16.00$ 40,000.00$ 29.00$ 72,500.00$ 74.80$ 187,000.00$ 20.75$ 51,875.00$
4.1 SUPERPAVE ASPHALT CONCRETE, TYPE SP 12.5 TN 100 185.00$ 18,500.00$ 190.00$ 19,000.00$ 245.00$ 24,500.00$ 593.00$ 59,300.00$ 325.00$ 32,500.00$
4.1 SUPERPAVE ASPHALT CONCRETE, TYPE SP 9.5 TN 400 185.00$ 74,000.00$ 250.00$ 100,000.00$ 205.00$ 82,000.00$ 561.00$ 224,400.00$ 330.00$ 132,000.00$
5.0 LANDSCAPING AND RESTORATION
5.1 TREE REMOVAL (0” – 12” DIAMETER)EA 20 1,250.00$ 25,000.00$ 800.00$ 16,000.00$ 500.00$ 10,000.00$ 780.00$ 15,600.00$ 595.00$ 11,900.00$
5.2 TREE REMOVAL (13” – 24” DIAMETER)EA 15 2,200.00$ 33,000.00$ 2,000.00$ 30,000.00$ 1,000.00$ 15,000.00$ 2,026.00$ 30,390.00$ 2,185.00$ 32,775.00$
5.3 TREE REMOVAL (25” – 48” DIAMETER)EA 4 6,000.00$ 24,000.00$ 3,300.00$ 13,200.00$ 4,000.00$ 16,000.00$ 4,990.00$ 19,960.00$ 3,250.00$ 13,000.00$
5.4 TREE REMOVAL (GREATER than 42” DIA.)EA 1 7,500.00$ 7,500.00$ 4,500.00$ 4,500.00$ 4,000.00$ 4,000.00$ 6,235.00$ 6,235.00$ 6,550.00$ 6,550.00$
5.5 TREE BARRICADE LF 1000 4.20$ 4,200.00$ 6.00$ 6,000.00$ 5.00$ 5,000.00$ 9.00$ 9,000.00$ 10.00$ 10,000.00$
5.6 SOD RESTORATION (IN KIND)SF 40000 0.98$ 39,200.00$ 0.80$ 32,000.00$ 0.75$ 30,000.00$ 1.00$ 40,000.00$ 1.95$ 78,000.00$
5.7 ROOT PRUNING LF 1000 9.00$ 9,000.00$ 8.00$ 8,000.00$ 10.00$ 10,000.00$ 12.50$ 12,500.00$ 8.00$ 8,000.00$
SUBTOTAL 1,361,805.00$ 1,239,300.00$ 2,232,000.00$ 2,637,192.00$ 1,499,945.00$
6.0 STORMWATER CONTINGENCY LS 1 75,000.00$ 75,000.00$ 75,000.00$ 75,000.00$ 75,000.00$ 75,000.00$ 75,000.00$ 75,000.00$ 75,000.00$ 75,000.00$
7.0 SANITARY CONFLICT CONTINGENCY LS 1 20,000.00$ 20,000.00$ 20,000.00$ 20,000.00$ 20,000.00$ 20,000.00$ 20,000.00$ 20,000.00$ 20,000.00$ 20,000.00$
8.0 WATERMAIN CONFLICT CONTINGENCY LS 1 20,000.00$ 20,000.00$ 20,000.00$ 20,000.00$ 20,000.00$ 20,000.00$ 20,000.00$ 20,000.00$ 20,000.00$ 20,000.00$
BIDDER'S GRAND TOTAL 1,476,805.00$ 1,354,300.00$ 2,347,000.00$ 2,752,192.00$ 1,614,945.00$
2021 Stormwater Repairs (20-0029-EN)
Item #Description UNIT EST QTY
Unit
Price
CPI 3.3%
Increase
Revised Unit
Price
1.0
1.1 MOBILIZATION EA 10 16,900.00$ 557.70$ 17,457.70$
1.2 MAINTENANCE OF TRAFFIC EA 10 4,700.00$ 155.10$ 4,855.10$
1.3 EROSION AND SEDIMENT CONTROL EA 10 2,100.00$ 69.30$ 2,169.30$
2.0
2.1 UNSUITABLE MATERIAL REMOVAL
& REPLACE
CY 700 38.00$ 1.25$ 39.25$
2.2 SWALE GRADING LF 200 30.00$ 0.99$ 30.99$
2.3 PLUGGING & ABANDON IN-PLACE
AND GROUT PIPE
CY 100 310.00$ 10.23$ 320.23$
2.4 EROSION PROTECTION- RIP RAP TN 100 120.00$ 3.96$ 123.96$
2.5 GABION BASKETS CY 200 420.00$ 13.86$ 433.86$
2.6 IMPORT FILL CY 100 23.00$ 0.76$ 23.76$
3.1 15" REINF. CONCRETE PIPE (RCP)LF 400 51.00$ 1.68$ 52.68$
3.2 18" REINF. CONCRETE PIPE (RCP)LF 100 61.00$ 2.01$ 63.01$
3.3 24" REINF. CONCRETE PIPE (RCP)LF 100 74.00$ 2.44$ 76.44$
3.4 30" REINF. CONCRETE PIPE (RCP)LF 100 92.00$ 3.04$ 95.04$
3.5 36" REINF. CONCRETE PIPE (RCP)LF 100 97.00$ 3.20$ 100.20$
3.6 42" REINF. CONCRETE PIPE (RCP)LF 100 115.00$ 3.80$ 118.80$
3.7 48" REINF. CONCRETE PIPE (RCP)LF 100 125.00$ 4.13$ 129.13$
3.8 CITY STD CURB INLET (S.D. A-9)EA 2 5,500.00$ 181.50$ 5,681.50$
3.9 FDOT TYPE J-7T M.H. (5X5)EA 2 3,600.00$ 118.80$ 3,718.80$
3.10 FDOT TYPE J-7T M.H. (6X6)EA 2 4,400.00$ 145.20$ 4,545.20$
3.11 FDOT TYPE J-7T M.H. (6X7)EA 2 5,500.00$ 181.50$ 5,681.50$
3.12 FDOT TYPE "F" D.B.I.EA 2 3,200.00$ 105.60$ 3,305.60$
3.13 FDOT TYPE "C" D.B.I.EA 2 2,800.00$ 92.40$ 2,892.40$
3.0
MOBILIZATION AND SITE PREPARATION
EARTHWORK
DRAINAGE
PIPE DEPTH ≤ 6’
Printed : 12/5/2024 Page 1 of 3
2021 Stormwater Repairs (20-0029-EN)
Item #Description UNIT EST QTY
Unit
Price
CPI 3.3%
Increase
Revised Unit
Price
3.14 15" REINF. CONCRETE PIPE (RCP)LF 100 58.00$ 1.91$ 59.91$
3.15 18" REINF. CONCRETE PIPE (RCP)LF 100 65.00$ 2.15$ 67.15$
3.16 24" REINF. CONCRETE PIPE (RCP)LF 100 80.00$ 2.64$ 82.64$
3.17 30" REINF. CONCRETE PIPE (RCP)LF 75 106.00$ 3.50$ 109.50$
3.18 36" REINF. CONCRETE PIPE (RCP)LF 75 130.00$ 4.29$ 134.29$
3.19 42" REINF. CONCRETE PIPE (RCP)LF 75 140.00$ 4.62$ 144.62$
3.20 48" REINF. CONCRETE PIPE (RCP)LF 75 160.00$ 5.28$ 165.28$
3.21 CITY STD CURB INLET (S.D. A-9)EA 2 6,000.00$ 198.00$ 6,198.00$
3.22 FDOT TYPE J-7T M.H. (5X5)EA 2 5,500.00$ 181.50$ 5,681.50$
3.23 FDOT TYPE J-7T M.H. (6X6)EA 2 6,400.00$ 211.20$ 6,611.20$
3.24 FDOT TYPE J-7T M.H. (6X7)EA 2 7,500.00$ 247.50$ 7,747.50$
3.25 FDOT TYPE "F" D.B.I.EA 2 4,200.00$ 138.60$ 4,338.60$
3.26 FDOT TYPE "C" D.B.I.EA 2 3,400.00$ 112.20$ 3,512.20$
3.27 UNDERDRAIN REMOVAL AND
REPLACEMENT (6" AND 8")
LF 300 45.00$ 1.49$ 46.49$
4.0
4.1 8" ROADWAY BASE (LBR 100)SY 3500 19.00$ 0.63$ 19.63$
4.2 12" STABILIZED SUBGRADE (LBR 40)SY 3000 $ 12.50 0.41$ 12.91$
4.3 STRAIGHT CURB LF 200 24.00$ 0.79$ 24.79$
4.4 HEADER CURB LF 200 28.00$ 0.92$ 28.92$
4.5 CITY MODIFIED CURB LF 1000 28.00$ 0.92$ 28.92$
4.6 CITY TYPE I CURB LF 1000 28.00$ 0.92$ 28.92$
4.7 VALLEY GUTTER CURB LF 1000 28.00$ 0.92$ 28.92$
4.8 R&R 4" CONCRETE SIDEWALK SF 1500 8.00$ 0.26$ 8.26$
4.9 R&R CONCRETE DRIVEWAY
RESTORATION
SF 2500 12.00$ 0.40$ 12.40$
4.10 PEDESTRIAN RAMPS W/
DETECTABLE WARNING
EA 5 2,100.00$ 69.30$ 2,169.30$
4.11 MILLING (UP TO 2")SY 4500 12.00$ 0.40$ 12.40$
4.12 MILLING (2" - 4")SY 2500 $ 16.00 0.53$ 16.53$
4.13 SUPERPAVE ASPHALT CONCRETE,
TYPE SP 12.5
TN 100 190.00$ 6.27$ 196.27$
4.14 SUPERPAVE ASPHALT CONCRETE,
TYPE SP 9.5
TN 400 250.00$ 8.25$ 258.25$
5.0
5.1 TREE REMOVAL (0” – 12” DIA.)EA 20 800.00$ 26.40$ 826.40$
5.2 TREE REMOVAL (13” – 24” DIA.)EA 15 $ 2,000.00 66.00$ 2,066.00$
5.3 TREE REMOVAL (25” – 48” DIA.)EA 4 3,300.00$ 108.90$ 3,408.90$
PIPE DEPTH > 6’ ≤ 10’
PAVING AND MARKING
MILLING / PAVING
LANDSCAPING AND RESTORATION
Printed : 12/5/2024 Page 2 of 3
2021 Stormwater Repairs (20-0029-EN)
Item #Description UNIT EST QTY
Unit
Price
CPI 3.3%
Increase
Revised Unit
Price
5.4 TREE REMOVAL (GREATER than 42”
DIA.)EA 1 4,500.00$ 148.50$ 4,648.50$
5.5 TREE BARRICADE LF 1000 6.00$ 0.20$ 6.20$
5.6 SOD RESTORATION (IN KIND)SF 40000 0.80$ 0.03$ 0.83$
5.7 ROOT PRUNING LF 1000 8.00$ 0.26$ 8.26$
Subtotal $ 97,410.30 $ 3,214.54 $ 100,624.84
6.0 Stormwater Contingency LS 1 75,000.00$ 75,000.00$
7.0 Sanitary Conflict Contigency LS 1 20,000.00$ 20,000.00$
8.0 Watermain Conflict Contigency LS 1 20,000.00$ 20,000.00$
Total 212,410.30$ 3,214.54$ 215,624.84$
Printed : 12/5/2024 Page 3 of 3
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#24-1526
Agenda Date: 12/16/2024 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Public Works
Agenda Number: 5.2
SUBJECT/RECOMMENDATION:
Authorize a professional service agreement and purchase order with CPH Consulting, LLC of Tampa, FL
as a Public Works Department Program Consultant (24-0049-EN) in the annual not-to-exceed amount of
$350,000.00 for a five-year term pursuant to Request for Qualification (RFQ) 37-24 and authorize the
appropriate officials to execute same. (consent)
SUMMARY:
In April 2024, RFQ 37-24, Public Works Program Consulting Services, was issued seeking qualified
program managers, engineers and joint venture teams to provide comprehensive assessment, design,
procurement, cost estimating and construction support services to its Public Works Department (PWD)
on a program-level scale. The intent is to improve efficiency of completing work assignments, while
being closely monitored by a Public Works Project Manager.
In June 2024, the RFQ selection committee, consisting of representatives from the City Manager’s
Office, Finance Department and Public Works Department carefully reviewed each of the submittals
received from five qualified firms. Each submittal was ranked on the RFQ criteria and overall
responsiveness to the RFQ requirements. The committee selected three firms to return for
presentations/interviews.
In July 2024, after formal presentations of the short-listed firms, the RFQ Selection Committee selected
Broaddus & Associated (B&A) and CPH Consulting, LLC (CPH) for PWD Program services, both to
leverage each’s expertise but also to incorporate competition.
The initial work order for CPH, Tasks 1 (Storm Recovery Support to General Services) & 2 (Design-Build
Contract Documentation Support) in the total amount of $50,000.00 (Exhibit A).
APPROPRIATION CODE AND AMOUNT:
Funding for this contract will be provided by various Public Works Capital Improvement Projects and
operating budgets. The Public Works operating budget and associated projects are funded by General
Fund, Stormwater Fund Utility Enterprise Fund, Parking Enterprise Fund, and Penny for Pinellas revenue
dependent upon project.
STRATEGIC PRIORITY:
Objective 1.2 Maintain public infrastructure, mobility systems, natural lands, environmental resources,
and historic features through systematic management efforts. Objective 1.5 Embrace a culture of
innovation that drives continuous improvement and successfully serves all our customers.
Page 1 City of Clearwater Printed on 12/11/2024
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PROFESSIONAL SERVICES AGREEMENT BETWEEN
CITY OF CLEARWATER AND CPH RFQ #37-24 PUBLIC WORKS DEPARTMENT PROGRAM SERVICES (CPH) PROJECT #24-0049-EN
This AGREEMENT is made and entered into on the _____ day of __________ 20___ by and between the City of Clearwater, Florida (CITY) and CPH Consulting, LLC (CONSULTANT).
WITNESSETH:
WHEREAS, the CITY desires to engage the CONSULTANT to perform certain professional
services pertinent to such work in accordance with this Agreement; and
WHEREAS, the CONSULTANT desires to provide such professional services in accordance with this Agreement; and
WHEREAS, in accordance with the competitive selection process described in Section 287.055 of the Florida Statutes, the CITY selected the CONSULTANT based on Request For Qualifications (“RFQ”) #37-24 and responses by the CONSULTANT to RFQ #37-24.
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 Public Works Department (PWD) consists of two divisions: Engineering and Stormwater & Right of Way (ROW) Maintenance. The Engineering Division includes the following subdivisions: Construction, Engineering, Environmental, Geographic Information Systems, Parking, Sustainability, and Transportation. One of the Division’s core responsibilities is to manage all aspects of the Capital Improvement Programs (CIP)
for various city Departments such as Fire & Rescue, Marine & Aviation, Police, Public Works, Solid Waste & Recycling, etc. The Stormwater & Right of Way (ROW) Maintenance Division operates and maintains the stormwater management systems, streets and sidewalks, urban forestry, and traffic operations within city ROW and/or easements.
The intent behind the overall program is to provide comprehensive assessment, design,
procurement, budgeting, and construction support services to the City on a program-level scale to improve efficiency of completing work assignments, while being closely monitored by a Public Works Project Manager. Two teams were selected (CPH Consulting, LLC and Broaddus & Associates), both to leverage each’s expertise but also
to incorporate competition.
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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 #37-24, Scope of Services.
2.2 The CONSULTANT’S services under this Agreement will be provided under project specific Task Order(s). Each Task 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. Potential services included in the RFQ include:
a. Program Development, Scheduling and Budgeting Services (including projects
that exceed CCNA limits):
- Conceptual estimating, including annual updates - Project development - Cost negotiations - Scheduling support
b. Engineering Services: - Owner’s representative services - Preparing Watershed Management Plans - Master Plans for appropriate city departments - Stormwater modeling
- Utilities services - Environmental and Sustainability services - Shoreline studies - Infrastructure condition assessments - Subsurface utilities engineering
- Developing and reviewing technical evaluations, memos, and reports - Designs and engineering services during construction - Permitting support (Florida Department of Environmental Protection (FDEP), Southwest Florida Water Management District (SWFWMD), United States Army Corps of Engineers (USACE), etc.)
- Plan Review and Land Development augmentation, including on-site support - Review and development of technical specifications and construction standards - Review and recommendations of new technologies
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- Parking Systems and related services
- Mobility Impact studies and reviews
- Traffic modeling, review, engineering, etc.
c. Construction & Operational Services: - Construction advisory services (e.g., cost estimating, materials selections, identifying long lead items and alternatives, value
engineering and alternate project delivery options, etc.)
- Construction inspections - Construction materials testing and inspections (e.g. density testing, concrete testing, etc.) - Right of Way (ROW) inspections
d. Stormwater & ROW Maintenance Services:
- Assisting in the preparation and oversight of various maintenance support contracts (e.g. stormwater systems maintenance, streets and sidewalks, urban forestry, etc.). This includes contract preparation, bidding services, construction/contractor oversight, reviewing contractor pay apps, etc.
- Stormwater Pollution Prevention Plan inspections
e. Operational assessment & optimization (e.g. developing prioritized work schedules)
f. Public Works Department (PWD) and Program Management Support
- Assist with developing policies and procedures
- Assist with development and implementation of software and process management tools, including interim hosting services - Assist with training PWD personnel - Assist reviewing and improving stormwater utility fees
- Grant research and application support related to specific projects
and/or programs, as assigned
g. Other related work, as assigned.
Total compensation for all services shall not exceed $350,000, unless specifically authorized by the City Council.
See Initial Work Order attached hereto as Exhibit A that includes Task Orders 1 & 2.
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.
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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 three (3) years, with two (2) one (1) year renewal options, subject to the
provisions for termination contained herein. Assignments that are in progress at the Termination Date shall be completed by the CONSULTANT unless specifically terminated by the CITY. Should the CONSULTANT be in the progress of completing work under this Agreement at the Termination Date, this Agreement shall continue with all terms, conditions and obligations being in full force and effect until such time as the
work is completed. All provisions expressly intended to survive termination shall do so.
4.0 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
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.
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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 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
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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.
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
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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.
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.
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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. An hourly rate schedule
is attached hereto as Exhibit B.
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
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
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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 (Exhibit C).
14.0 RFQ #37-24, TERMS AND CONDITIONS
All terms and conditions as set forth in RFQ #37-24, Terms of Conditions are
incorporated by reference and hereto attached as Exhibit D.
15.0 ORDER OF PRECEDENCE
Any inconsistency in documents relating to this Agreement shall be resolved by giving precedence in the following order: (i) this Agreement and subsequent Amendments; (ii) RFQ #37-24, Terms and Conditions; and (iii) Work Orders.
16.0 INSURANCE REQUIREMENTS
Insurance Requirements are set forth in Exhibit E, which is incorporated by reference and attached hereto.
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.
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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]
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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
___________________________ ______________________________ Bruce Rector Jennifer Poirrier
Mayor City Manager
Approved as to form: Attest:
___________________________ ______________________________ Jerrod Simpson Rosemarie Call Sr. Assistant City Attorney City Clerk
CPH Consulting, LLC. City of Clearwater
Consultant Work Order Page 1 of 4 Revised: 11/28/2022
EXHIBIT A CONSULTANT WORK ORDER
Date: 11/11/2024 1. PROJECT INFORMATION:
Project Title: PWD Program (CPH)
City Project Number: 24-0049-EN, Task Orders 1 & 2
City Plan Set Number: NA
Consultant Project Number: 201.2400778.OP0 2. SCOPE OF SERVICES: The City issued Request for Qualifications #37-24 for Public Works Department (PWD) Program Consultants, and CPH was one of the two selected firms. The intent behind the overall program is to provide comprehensive assessment, design, procurement, budgeting, and construction support services to the Public Works Department on a program-level scale. Two firms were selected (CPH Consultants, LLC and Broaddus & Associates), both to leverage each’s expertise but also to incorporate competition. Per the RFQ, these services are available to all Departments, however, they are allowed to utilize other consultants at their discretion. This initial work order is intended to support Hurricane Helene and Milton recovery efforts and supporting the city in developing design-build construction contract documents. Task Order 1 – Storm Recovery Support (General Services) After the hurricanes, the city and its consultants conducted damage assessments to document efforts needed to return city facilities to normalcy. Some of the facility recommendations that came out of the damage assessments are for further evaluation (e.g., recommending a building envelope specialist return to assess water intrusion, marine divers further assess underwater pile supports, etc.), but others appear relatively minor and can likely be addressed by an existing city contractor/vendor. However, each item needs to be addressed, and staff does not have capacity to track/manage all these items in an effective manner. This Task Order 1 includes providing design, project management, and/or support services to help General Services manage the many projects that resulted from hurricanes. Most of the effort is expected to be assisting with managing contracts/contractors currently available to General Services. This includes over a dozen Mechanical, Electrical, and Plumbing (MEP) contractors, and roofing and waterproofing supplies and services contractors. It should be noted that if CPH is asked to prepare a design, they will be managed either by City staff or by someone not affiliated with their project team (e.g., the other PWD Program Consultant, Broaddus & Associates). Services will comply with Consultants’ Competitive Negotiation Act, as applicable. Also, FEMA reimbursable work will be isolated from other non-FEMA reimbursable work.
CONSULTANT WORK ORDER
PWD Program (CPH)
CPH Consulting, LLC 24-0049-EN, Task Orders 1 & 2 City of Clearwater
Consultant Work Order Page 2 of 4 Revised: 11/28/2022
Task Order 2 – Design-Build Contract Documents Support CPH has many years of design-build project experience. Task Order 2 is to leverage that experience into usable construction contract documents so the city can begin executing these types of projects. This includes supporting the city in developing templates and contract documents and some training on what types of projects they are best utilized. The initial direction in developing documents is in support of the Beach Marina Parking Garage project. The work is expected to include meetings with city and staff from Public Works, Legal, Finance (Procurement) and others to gather input. 3. PROJECT GOALS: Task Order 1 – Assist the city in recovering from the recent hurricanes. Task Order 2 – Support the city in developing design-build construction contract documents. 4. FEES: This price includes all labor and expenses anticipated to be incurred by CPH Consultants, LLC for the completion of these tasks in accordance with Professional Services Method “A” – Hourly Rate, for a fee not to exceed fifty thousand Dollars ($50,000.00). Depending on performance, additional funds may be added to each Task Order, as determined by the city. Rates shall be in accordance with the hourly rates included in the Master Profession Services Agreement. 5. SCHEDULE: Specific project schedules will be developed based on assigned work. 6. STAFF ASSIGNMENT: Initial staff assigned will be Lawrence Pultz, John Lenti, Jay Morris, Josh Norman and Nik Jindal. Additional staff will be assigned as needed based on the needs of future work orders. 7. CORRESPONDENCE/REPORTING PROCEDURES: Consultant’s project correspondence shall be directed to: Jeremy Brown All City project correspondence shall be directed to: John Lenti with Lawrence Pultz copied as an alternated contact. 8. INVOICING/FUNDING PROCEDURES:
City Invoicing Code: _____ For work performed, invoices shall be submitted monthly to:
ATTN DIVISION CONTROLLER
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.
CONSULTANT WORK ORDER
PWD Program (CPH)
CPH Consulting, LLC 24-0049-EN, Task Orders 1 & 2 City of Clearwater
Consultant Work Order Page 3 of 4 Revised: 11/28/2022
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: Purchase Order, Project and Invoice Numbers and Contract Amount. The time period (begin and end date) covered by the invoice. A short narrative summary of activities completed in the time period. Contract billing method – Lump Sum or Hourly Rate. 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). 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). 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: 4. 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. 5. 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. 6. At the conclusion of the project, ENGINEER will combine this information into a Project Catalog and submit to the City for review and comment. 7. Arc Flash labeling requirements: 8. All electrical designs and construction shall adhere to NFPA 70 E “Standard for Electrical Safety in the Workplace”. 9. Updated calculations of Fault and Arc Flash, and provisions for new or updated Arc Flash equipment labeling shall be included in the contract documents.
CONSULTANT WORK ORDER
PWD Program (CPH)
CPH Consulting, LLC 24-0049-EN, Task Orders 1 & 2 City of Clearwater
Consultant Work Order Page 4 of 4 Revised: 11/28/2022
12. SPECIAL CONSIDERATIONS: NA 13. SIGNATURES:
PREPARED BY: APPROVED BY:
Tara Kivett, P.E.
City Engineer
City of Clearwater
Date Date
Nikhel Jindal
Chief Strategy & Success Officer
CPH Consulting, LLC.
11/22/2024
ATTACHMENT “A”
CONSULTANT WORK ORDER – PROJECT FEES TABLE
PWD Program (CPH)
CPH Consulting, LLC 24-0049-EN, Task Orders 1 & 2 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 Task Order 1 – Storm Recovery Support (General Services)
1.1 Design, Project Management, and/or
Support Services
Not to Exceed $35,000.00
2.0 Task Order 2 – Design-Build Contract Documents Support
2.1 Meetings and Document Preparation Not to Exceed $15,000.00
SUBTOTAL, LABOR AND SUB-CONTRACTORS: $50,000.00
3.0 Other Direct Costs (prints, photocopies, postage, etc.) At Cost Plus 10%
GRAND TOTAL: $50,000.0O
ATTACHMENT “B”
CONSULTANT WORK ORDER – CITY DELIVERABLES
PWD Program (CPH)
CPH Consulting, LLC 24-0049-EN, Task Orders 1 & 2 City of Clearwater
Consultant Work Order – City Deliverables Page 1 of 1 Revised: 11/28/2022
CONSULTANT WORK ORDER
CITY DELIVERABLES 1. FORMAT:
The design plans shall be compiled utilizing the following methods:
1. City of Clearwater CAD standards.
2. Datum: Horizontal and Vertical datum shall be referenced to North American
Vertical Datum of 1988 (vertical) and North American Datum of 1983/90
(horizontal). The unit of measurement shall be the United States Foot. Any
deviation from this datum will not be accepted unless reviewed by City of
Clearwater Engineering/Geographic Technology Division. 2. DELIVERABLES:
The design plans shall be produced on bond material, 24" x 36" at a scale of 1" = 20’
unless approved otherwise. Upon completion the consultant shall deliver all drawing
files in digital format with all project data in Autodesk Civil 3D file format.
NOTE: If approved deviation from Clearwater CAD standards is used, the Consultant
shall include all necessary information to aid in manipulating the drawings including
either PCP, CTB file or pen schedule for plotting. The drawing file shall include only
authorized fonts, shapes, line types or other attributes contained in the standard
release of Autodesk software. All block references and other references contained
within the drawing file shall be included. Please address any questions regarding format
to Mr. Thomas Mahony, at (727) 562-4762 or email address
Thomas.Mahony@myClearwater.com.
All electronic files (including CAD and Specification files) must be delivered upon
completion of project or with 100% plan submittal to City of Clearwater.
Category Rate Category Rate
Principal I 425.16$ GIS Manager 196.73$
Discipline Manager II 350.42$ GIS Analyst III 149.93$
Discipline Manager I 263.13$ GIS Analyst II 113.75$
Project Manager V 334.90$ GIS Analyst I 112.74$
Project Manager IV 265.76$ Technician III 149.93$
Project Manager III 209.00$ Technician II 126.46$
Project Manager II 168.31$ Technician I 103.04$
Project Manager I 150.88$ Analyst III 149.93$
Manager II 240.06$ Analyst II 108.72$
Manager I 187.21$ Analyst I 121.79$
CADD III 126.07$
Engineer V 317.75$ CADD II 87.87$
Engineer IV 211.10$ CADD I 82.25$
Engineer III 173.17$
Engineer II 159.12$ Administrative V 198.38$
Engineer I 130.14$ Administrative IV 132.61$
Administrative III 106.47$
Architect V 340.84$ Administrative II 84.83$
Architect IV 237.36$ Administrative I/Clerical 76.06$
Architect III 195.84$ Project Administrator II 163.59$
Architect II 174.12$ Project Administrator I 121.79$
Architect I 138.45$ Intern II 83.39$
Interior Designer 93.57$ Intern I 74.02$
Landscape Architect III 186.10$ Graphic Designer III 154.58$
Landscape Architect II 173.31$ Graphic Designer II 117.63$
Landscape Architect I 149.89$ Graphic Designer I 110.37$
Designer V 173.58$ Construction Manager II 219.50$
Designer IV 152.73$ Construction Manager I 185.72$
Designer III 134.81$ Construction Rep III 179.96$
Designer II 117.33$ Construction Rep II 156.71$
Designer I 103.52$ Construction Rep I 139.78$
Surveyor III 250.11$
Scientist III 188.00$ Surveyor II 149.89$
Scientist II 149.89$ Surveyor I 126.46$
Scientist I 101.40$ Crew Chief 118.82$
Instrument Operator 103.04$
Coordinator III 130.20$ Survey Crew - 3 Man 398.00$
Coordinator II 104.67$ Survey Crew - 2 Man 370.00$
Coordinator I 98.46$ Survey Crew - 1 Man 287.00$
GPS Crew II 287.00$
Planner III 192.05$ GPS Crew I 204.00$
Planner II 168.63$
Planner I 115.95$
Exhibit B - Hourly Rates
813.288.0233 cphcorp.comCPH CONSULTING, LLC 5601 Mariner Street, Suite 105, Tampa, FL 33609
Public Works Consultant
RFQ #37-24 36
813.288.0233 cphcorp.comCPH CONSULTING, LLC 5601 Mariner Street, Suite 105, Tampa, FL 33609
Public Works Consultant
RFQ #37-24 37
813.288.0233 cphcorp.comCPH CONSULTING, LLC 5601 Mariner Street, Suite 105, Tampa, FL 33609
Public Works Consultant
RFQ #37-24 38
813.288.0233 cphcorp.comCPH CONSULTING, LLC 5601 Mariner Street, Suite 105, Tampa, FL 33609
Public Works Consultant
RFQ #37-24 39
Exhibit D
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
Exhibit D
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.
Exhibit D
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.
Exhibit D
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.
Exhibit D
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.
Exhibit D
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
Exhibit D
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
Exhibit D
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.
Exhibit E
37-24 – INSURANCE REQUIREMENTS
1.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.Professional Liability Insurance coverage appropriate for the type of business engaged in
by the Contractor with minimum limits of $1,000,000 (one million dollars) per occurrence. If a
claims made form of coverage is provided, the retroactive date of coverage shall be no later
than the inception date of claims made coverage, unless prior policy was extended indefinitely
to cover prior acts. Coverage shall be extended beyond the policy year either by a
supplemental extended reporting period (ERP) of as great a duration as available, and with no
less coverage and with reinstated aggregate limits, or by requiring that any new policy provide
a retroactive date no later than the inception date of claims made coverage.
The above insurance limits may be achieved by a combination of primary and umbrella/excess
liability policies.
6.OTHER INSURANCE PROVISIONS.
a.Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of
the insurance policy’s renewal date(s) for as long as this Agreement remains in effect, the
Contractor will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD
certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the
coverage set forth above and naming the City as an “Additional Insured.” In addition, when
requested in writing from the City, Contractor will provide the City with certified copies of all
applicable policies. The address where such certificates and certified policies shall be sent or
delivered is as follows: City of Clearwater
Attn: Procurement Division, RFQ #37-24
Exhibit E
37-24 – INSURANCE REQUIREMENTS
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.
Procurement Division
100 S Myrtle Ave
Clearwater FL 33756-5520
PO Box 4748, 33578-4748
727-562-4630 Tel
REQUEST FOR QUALIFICATIONS
#37-24
Public Works Consultant
April 23, 2024
NOTICE IS HEREBY GIVEN that sealed Statements of Qualifications will be received by the City of
Clearwater (City) until 10:00 AM, Local Time, May 29, 2024, to provide consulting services for Public
Works.
Brief Description: The city of Clearwater (City) is seeking qualified program managers, engineers and
joint venture teams to provide comprehensive assessment, design, procurement, cost estimating and
construction support services to its Public Works Department (PWD) on a program-level scale.
Responses must be in accordance with the provisions, specifications and instructions set forth herein and
will be received by the Procurement Division until the above noted time, when they will be publicly
acknowledged and accepted.
This Request for Qualifications, any attachments and addenda are available for download at
https://www.myclearwater.com/business/rfp
Please read the entire solicitation package and submit the response in accordance with the instructions.
This document (less this invitation and the instructions) and any required documents, attachments, and
submissions will constitute the response.
General, Process, or Technical Questions concerning this solicitation should be directed, IN
WRITING, to the Procurement Manager.
This Request for Qualifications is issued by:
Lori Vogel, CPPB
Procurement Manager
lori.vogel@myclearwater.com
INSTRUCTIONS
Public Works Consultant 2 RFQ #37-24
i.1 VENDOR QUESTIONS: All questions regarding the contents of this solicitation, and solicitation
process (including requests for ADA accommodations), shall be directed solely to the Contact listed
on Page One (1). Questions should be submitted in writing via letter, fax or email. Questions
received less than ten (10) calendar days prior to the due date and time may be answered at the
discretion of the City.
i.2 ADDENDA/CLARIFICATIONS: Any changes to the specifications will be in the form of an
addendum. Addenda are posted on the City website no less than seven (7) days prior to the Due
Date. Vendors are cautioned to check the Purchasing Website for addenda and
clarifications prior to submitting their response. The City cannot be held responsible if a vendor
fails to receive any addenda issued. The City shall not be responsible for any oral changes to these
specifications made by any employees or officer of the City. Failure to acknowledge receipt of an
addendum may result in disqualification of a response.
i.3 DUE DATE & TIME FOR SUBMISSION AND OPENING:
Date: May 29, 2024
Time: 10:00 AM (Local Time)
The City will open all responses properly and timely submitted and will record the names and other
information specified by law and rule. All responses become the property of the City and will not
be returned except in the case of a late submission. Respondent names, as read at the opening,
will be posted on the City website. Once a notice of intent to award is posted or 30 days from day
of opening elapses, whichever occurs earlier, responses are available for inspection by contacting
the Procurement Division.
i.4 SUBMIT RESPONSES TO: It is recommended that responses are submitted electronically
through our bids website at https://www.myclearwater.com/business/rfp
Respondents may mail or hand-deliver responses to the address below. E-mail or fax submissions
will not be accepted. Use label at the end of this solicitation package
City of Clearwater
Attn: Procurement Division
100 S Myrtle Ave, 3rd Fl, Clearwater FL 33756-5520
or
PO Box 4748, Clearwater FL 33758-4748
Responses will be received at this address. Respondents may mail or hand-deliver proposals; e-
mail or fax submissions will not be accepted.
No responsibility will attach to the City of Clearwater, its employees or agents for premature
opening of a response that is not properly addressed and identified.
i.5 LATE RESPONSES. The respondent assumes responsibility for having the response delivered
on time at the place specified. All responses received after the date and time specified shall not
be considered and will be returned unopened to the respondent. The respondent assumes the risk
of any delay in the mail or in handling of the mail by employees of the City of Clearwater, or any
private courier, regardless whether sent by mail or by means of personal delivery. It shall not be
sufficient to show that you mailed or commenced delivery before the due date and time. All times
are Clearwater, Florida local times. The respondent agrees to accept the time stamp in the City’s
Procurement Division as the official time.
i.6 LOBBYING; LOBBYING NO-CONTACT PERIOD; QUESTIONS REGARDING SOLICITATION.
From the time a competitive solicitation is posted until such time as the contract is awarded by the
city or the solicitation is cancelled, all bidders, offerors, respondents, including their employees,
representatives, and other individuals acting on their behalf, shall be prohibited from lobbying city
officers, city employees, and evaluation committee members.
INSTRUCTIONS
Public Works Consultant 3 RFQ #37-24
Violation of this section may result in rejection/disqualification from award of the contract arising
out of the competitive solicitation.
All questions regarding the competitive solicitation must be directed to the procurement manager
or designee, who will respond in writing and post such response to ensure that all respondents
receive the same information during the No-Contact Period.
The penalty for violating the No-Contact Period may include suspension or debarment
i.7 RESPONSIBILITY TO READ AND UNDERSTAND. Failure to read, examine and understand the
solicitation will not excuse any failure to comply with the requirements of the solicitation or any
resulting contract, nor shall such failure be a basis for claiming additional compensation. If a vendor
suspects an error, omission or discrepancy in this solicitation, the vendor must immediately and in
any case not later than seven (7) business days in advance of the due date notify the contact on
page One (1). The City is not responsible for and will not pay any costs associated with the
preparation and submission of the response. Respondents are cautioned to verify their responses
before submission, as amendments to or withdrawal of responses submitted after time specified
for opening of responses may not be considered. The City will not be responsible for any
respondent errors or omissions.
i.8 FORM AND CONTENT OF RESPONSES. Unless otherwise instructed or allowed, responses shall
be submitted on the forms provided. An original and the designated number of copies of each
response are required. Responses, including modifications, must be submitted in ink, typed, or
printed form and signed by an authorized representative. Please line through and initial rather than
erase changes. If the response is not properly signed or if any changes are not initialed, it may be
considered non-responsive. The City may require that an electronic copy of the response be
submitted. The response must provide all information requested and must address all points. The
City does not encourage exceptions. The City is not required to grant exceptions and depending
on the exception, the City may reject the response.
i.9 DEBARMENT DISCLOSURE. If the respondent has been debarred, suspended, or otherwise
lawfully precluded from participating in any public procurement activity, including being disapproved
as a (sub)contractor with any federal, state, or local government, or if any such preclusion from
participation from any public procurement activity is currently pending, the respondent shall include
a letter with its response identifying the name and address of the governmental unit, the effective
date of this suspension or debarment, the duration of the suspension or debarment, and the
relevant circumstances relating to the suspension or debarment. If suspension or debarment is
currently pending, a detailed description of all relevant circumstances including the details
enumerated above must be provided. A response from a respondent who is currently debarred,
suspended or otherwise lawfully prohibited from any public procurement activity may be rejected.
i.10 RESERVATIONS. The City reserves the right to reject any or all responses or any part thereof; to
reissue the solicitation; to reject non-responsive or non-responsible responses; to reject
unbalanced responses; to reject responses where the terms and/or awards are conditioned upon
another event; to reject individual responses for failure to meet any requirement; to award by part
or portion, or total; to make multiple awards; to waive minor irregularities, defects, omissions,
technicalities or form errors in any response. The City may seek clarification of the response from
respondent at any time, and failure to respond is cause for rejection. Submission of a response
confers on respondent no right to an award or to a subsequent contract. The City is responsible to
make an award that is in the best interest of the City. All decisions on compliance, evaluation,
terms and conditions shall be made solely at the City’s discretion and made to favor the City. No
binding contract will exist between the respondent and the City until the City executes a written
contract or purchase order.
i.11 OFFICIAL SOLICITATION DOCUMENT. Changes to the solicitation document made by a
respondent may not be acknowledged or accepted by the City. Award or execution of a contract
does not constitute acceptance of a changed term, condition or specification unless specifically
acknowledged and agreed to by the City. The copy maintained and published by the City shall be
INSTRUCTIONS
Public Works Consultant 4 RFQ #37-24
the official solicitation document.
i.12 ETHICS. It is the intention of the City to promote courtesy, fairness, impartiality, integrity, service,
professionalism, economy, and government by law in the Procurement process. The responsibility
for implementing this policy rests with each individual who participates in the procurement process,
including respondents and contractors.
To achieve the purpose of this Article, it is essential that respondents and contractors doing
business with the City also observe the ethical standards prescribed herein. It shall be a breach of
ethical standards to:
a. Exert any effort to influence any City employee or agent to breach the standards of ethical
conduct.
b. Intentionally invoice any amount greater than provided in Contract or to invoice for Materials or
Services not provided.
c. Intentionally offer or provide sub-standard Materials or Services or to intentionally not comply
with any term, condition, specification or other requirement of a City Contract.
i.13 GIFTS. The City will accept no gifts, gratuities or advertising products from respondents or
prospective respondents and affiliates.
i.14 RIGHT TO PROTEST. Pursuant to Section 2.562(3), Clearwater Code of Ordinances, a bidder
who submitted a response to a competitive solicitation and was not selected may appeal the
decision through the bid protest procedures, a copy of which shall be available in the Procurement
Division. A protesting bidder must include a fee of one percent of the amount of the bid or proposed
contract to offset the City’s additional expenses related to the protest. This fee shall not exceed
$5,000.00 nor be less than $50.00. Full refund will be provided should the protest be upheld. No
partial refunds will be made.
ADDRESS PROTESTS TO:
City of Clearwater - Procurement Division
100 So Myrtle Ave, 3rd Fl
Clearwater FL 33756-5520
or
PO Box 4748
Clearwater FL 33758-4748
INSTRUCTIONS – EVALUATION
Public Works Consultant 5 RFQ #37-24
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.
Respondent is hereby notified that Section 287.05701, Florida Statutes, requires that the City may not
request documentation of or consider a vendor's social, political, or ideological interests when
determining if the vendor is a responsible vendor.
i.16 CRITERIA FOR EVALUATION AND AWARD. The City evaluates three (3) categories of
information: responsiveness, responsibility, and the technical response. All responses must meet
the following responsiveness and responsibility criteria.
a) Responsiveness. The City will determine whether the response complies with the instructions
for submitting responses including completeness of response which encompasses the
inclusion of all required attachments and submissions. The City must reject any responses
that are submitted late. Failure to meet other requirements may result in rejection.
b) Responsibility. The City will determine whether the respondent is one with whom it can or
should do business. Factors that the City may evaluate to determine "responsibility" include,
but are not limited to: past performance, references (including those found outside the
response), compliance with applicable laws, respondent's record of performance and integrity-
e.g. has the respondent been delinquent or unfaithful to any contract with the City, whether
the respondent is qualified legally to contract with the City, financial stability and the perceived
ability to perform completely as specified. A respondent must at all times have financial
resources sufficient, in the opinion of the City, to ensure performance of the contract and must
provide proof upon request. City staff may also use Dun & Bradstreet and/or any generally
available industry information. The City reserves the right to inspect and review respondent’s
facilities, equipment and personnel and those of any identified subcontractors. The City will
determine whether any failure to supply information, or the quality of the information, will result
in rejection.
c) Technical Response. The City will determine how well responses meet its requirements in
terms of the response to the solicitation and how well the offer addresses the needs of the
project. The City will rank offers using a point ranking system (unless otherwise specified) as
an aid in conducting the evaluation.
The criteria that will be evaluated and their relative weights are:
Evaluation Criteria (response format pgs 11-12) Points
Technical Approach to Managing a Department-Wide Comprehensive
Program (Tab 2) 30
Experience and Qualifications of Team and Staff (Tab 3) 50
Conceptual Estimating and Project Development Experience (Tab 4) 20
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
INSTRUCTIONS – EVALUATION
Public Works Consultant 6 RFQ #37-24
result in an acceptable agreement, the City may reject response or revoke the award, and may
begin negotiations with another Respondent. Final contract terms must be approved or signed by
the appropriately authorized City official(s). No binding contract will exist between the respondent
and the City until the City executes a written contract or purchase order.
i.20 NOTICE OF INTENT TO AWARD. Notices of the City’s intent to award a Contract are posted to
Purchasing’s website. It is the respondent’s responsibility to check the City of Clearwater’s
Purchasing website at https://www.myclearwater.com/business/rfp to view the Procurement
Division’s Intent to Award postings.
i.21 RFQ TIMELINE. All dates are tentative and subject to change.
Release RFQ: 04/23/2024
Advertise Tampa Bay Times: 04/24/2024
Responses due: 05/29/2024
Review responses/presentations: 05/29/2024-06/14/2024
Award recommendation: 06/14/2024
Council authorization: September 2024
Contract begins: September 2024
DETAILED SPECIFICATIONS
Public Works Consultant 7 RFQ #37-24
1. PROJECT MISSION. The City of Clearwater is dedicated to providing superior services to its
customers in order to improve the quality of life for Clearwater residents, businesses and visitors.
The City of Clearwater is committed to ensuring that we have a sustainable city through green
measures focusing on our economy, environment, and community and is looking for vendors who
share that dedication and will help the City meet that goal.
2. BACKGROUND. The Public Works Department (PWD) consists of two divisions: Engineering and
Stormwater & Right of Way (ROW) Maintenance. The Engineering Division includes the following
subdivisions: Construction, Engineering, Environmental, Geographic Information Systems,
Parking, Sustainability, and Transportation. One of the Division’s core responsibilities is to manage
all aspects of the Capital Improvement Programs (CIP) for various city Departments such as Fire
& Rescue, Marine & Aviation, Police, Public Works, Solid Waste & Recycling, etc. The Stormwater
& Right of Way (ROW) Maintenance Division operates and maintains the stormwater management
systems, streets and sidewalks, and urban forestry within city ROW and/or easements. Due to the
variety of work types, it is expected that multiple firms, including contractors, will likely need to
develop team(s) to assist with this project.
3. SCOPE OF SERVICES. The overall intent is for the selected team(s) to provide comprehensive
support services to the PWD that comply with Florida Statute 287.055, Consultants Competitive
Negotiation Act (CCNA). Various activities may include, but are not limited to:
a. Program Development, Scheduling and Estimating Services (including projects that exceed
CCNA limits): o Conceptual estimating, including annual updates
o Project development o Cost negotiations
o Scheduling support
b. Engineering Services: o Owner’s representative services
o Preparing Watershed Management Plans o Master Plans for appropriate city departments
o Stormwater modeling o Utilities services
o Environmental and Sustainability services o Shoreline studies
o Infrastructure condition assessments o Subsurface utilities engineering
o Developing and reviewing technical evaluations, memos, and reports
o Designs and engineering services during construction o Permitting support (Florida Department of Environmental Protection (FDEP), Southwest
Florida Water Maintenance District (SWFWMD), United States Army Corps of Engineers
(USACE), etc.) o Plan Review and Land Development augmentation, including on-site support
o Review and development of technical specifications and construction standards o Review and recommendations of new technologies o Parking Systems and related services o Mobility Impact studies and reviews
o Traffic modeling, review, engineering, etc.
c. Construction & Operational Services: o Construction advisory services (e.g., cost estimating, materials selections, identifying long-
lead items and alternatives, value engineering and alternate project delivery options, etc.) o Construction inspections
o Construction materials testing and inspections (e.g. density testing, concrete testing, etc.) o ROW inspections
DETAILED SPECIFICATIONS
Public Works Consultant 8 RFQ #37-24
d. Stormwater & ROW Maintenance Services: o Assisting in the preparation and oversight of various maintenance support contracts (e.g.
stormwater systems maintenance, streets and sidewalks, urban forestry, etc.). This
includes contract preparation, bidding services, construction/contractor oversight,
reviewing contractor pay apps, etc. o Stormwater Pollution Prevention Plan inspections
e. Operational assessment & optimization (e.g. developing prioritized work schedules)
f. PWD and Program Management Support
o Assist with developing policies and procedures o Assist with development and implementation of software and process management tools,
including interim hosting services o Assist with training PWD personnel
o Assist reviewing and improving stormwater utility fees o Grant research and application support related to specific projects and/or programs, as
assigned
g. Other related work, as assigned.
The following documents has been included as part of the solicitation:
• Exhibit A – Standard Terms and Conditions
• Exhibit B - Sample Agreement
• Exhibit C - Forms
4. INSURANCE REQUIREMENTS. The Contractor (respondent) shall, at its own cost and expense,
acquire and maintain (and cause any subcontractors, representatives or agents to acquire and
maintain) during the term with the City, sufficient insurance to adequately protect the respective
interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A-
VII or better. In addition, the City has the right to review the Contractor’s deductible or self-insured
retention and to require that it be reduced or eliminated.
Specifically the Contractor must carry the following minimum types and amounts of insurance on
an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis,
then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following
the termination or expiration of this Agreement. Specific work may require additional coverage on
a case by case basis:
a. Commercial General Liability Insurance coverage, including but not limited to, premises
operations, products/completed operations, products liability, contractual liability, advertising
injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one
million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate.
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.
DETAILED SPECIFICATIONS
Public Works Consultant 9 RFQ #37-24
d. Professional Liability Insurance coverage appropriate for the type of business engaged in
by the Contractor with minimum limits of $1,000,000 (one million dollars) per occurrence. If a
claims made form of coverage is provided, the retroactive date of coverage shall be no later
than the inception date of claims made coverage, unless prior policy was extended indefinitely
to cover prior acts. Coverage shall be extended beyond the policy year either by a
supplemental extended reporting period (ERP) of as great a duration as available, and with no
less coverage and with reinstated aggregate limits, or by requiring that any new policy provide
a retroactive date no later than the inception date of claims made coverage.
The above insurance limits may be achieved by a combination of primary and umbrella/excess
liability policies.
6. OTHER INSURANCE PROVISIONS.
a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of
the insurance policy’s renewal date(s) for as long as this Agreement remains in effect, the
Contractor will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD
certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the
coverage set forth above and naming the City as an “Additional Insured.” In addition, when
requested in writing from the City, Contractor will provide the City with certified copies of all
applicable policies. The address where such certificates and certified policies shall be sent or
delivered is as follows: City of Clearwater
Attn: Procurement Division, RFQ #37-24
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
Public Works Consultant 10 RFQ #37-24
1. ANTICIPATED BEGINNING AND END DATE OF INITIAL TERM. July 2024 – July 2029
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
Public Works Consultant 11 RFQ #37-24
1. RESPONSE SUBMISSION. It is recommended that responses are submitted electronically through
our bids website at https://www.myclearwater.com/business/rfp.
For responses mailed and/or hand-delivered, firm must submit one (1) signed original (identified as
ORIGINAL) response, five (5) copies of the response and one (1) copy in an electronic format, on
a disc or thumb drive, in a sealed container using the label provided at the end of this solicitation.
If submitting electronically, hard copies are not required.
2. RESPONSE FORMAT - Qualifications shall be submitted in bound volumes on standard 8½" x 11"
paper. A single 8½" x 11" sheet printed on both sides is two (2) pages. All information must
be assembled and indexed in the order indicated below. The page count shall not exceed thirty-
one (31) total pages, including typed text, graphics, charts and photographs. The total page
count does not include documents submitted for Tabs 5 and 6, the tabbed separator pages, cover
page, and back page.
NOTE: Every response received by the City will be considered a public record pursuant to
Chapter 119, Florida Statutes. Any response marked confidential may be deemed non-
responsive to this RFQ.
TAB 1 – Letter of Interest (two (2) pages). The cover letter should briefly introduce the
Consultant/Firm/Team and also include:
a. A brief summary of the proposing Program Manager/Engineer/Join Venture Team’s
interest in providing the requested services.
b. Signature from the lead firm’s principal certifying that sufficient resources in personnel,
equipment, and time are available and that the proposed Team will be committed to this
project.
c. Contact information for the lead firm’s principal including email address and phone
number.
TAB 2 – Technical Approach to Managing a Department-Wide Comprehensive Program (six
[6] pages). The following information should be included:
a. Describe the team’s understanding of the program, and technical approach towards
providing the services included herein.
b. Explain how the team believes it can meet the needs of the city.
c. Provide additional items/information that the team believes is relevant to this program but
may not be explicitly stated.
TAB 3 – Experience and Qualifications of Team and Staff (eight [8] pages, up to ten [10]
additional pages for project examples). The following information should be included:
a. Describe the team’s background, experience, and qualifications of key personnel proposed
to work on the program. Include resumes for key team members (including key
subconsultants) demonstrating specific project experience relevant to the program.
Resumes must clearly indicate educational background and state of licensure, if applicable.
b. Include information for at least the following four (4) types of projects: owner’s
representative services, plan review & land development augmentation, development &
oversight of municipal maintenance contracts, and operational assessments &
optimization, preferably within the last ten (10) years, for which the team has provided
services closely related to this scope of service.
i. The city recognizes that a single firm may not be qualified for all the services
included in this RFQ; therefore, provide enough project examples (in addition to
the four (4) indicated above) from the various team members to help the city
determine the most qualified team.
RESPONSE FORMAT
Public Works Consultant 12 RFQ #37-24
ii. Each project example must specify the involvement of proposed team members
and include client contact information including name, position/title, email address,
phone number, dates work performed, and budgets.
c. Include an organization chart and specify the team arrangement, its roles and
responsibilities, including the work of subconsultants/subcontractors. Any changes in key
personnel after the contract award must be approved by the City.
d. Due to the amount of work and resources anticipated to be involved in this program, total
volume of work with the city and responsiveness will also be considered.
TAB 4 – Conceptual Estimating and Project Development Experience (five [5] pages). The
following information should be included:
a. Describe the team’s background, experience, and qualifications assisting other
municipalities with project development and preparing conceptual construction cost
estimates for CIP projects.
b. Include a description of the tools, methodologies, and controls utilized.
c. Include resumes for key team members (including key subconsultants) demonstrating
conceptual cost estimating and project development experience. Resumes must clearly
indicate educational background and state of licensure, if applicable.
d. Include a listing of example CIP projects comparing the original conceptual estimate, the
contract award, and the final cost for municipal CIP projects within the last ten (10) years.
If costs increased for reasons beyond the team’s control (client change in scope, materials,
etc.), please state what changed and why.
e. Each example must specify the involvement of proposed team members and include client
contact information including name, position/title, email address, phone number, and dates
work performed.
TAB 5 – Litigation. NOTE: this is not considered Confidential or Proprietary information –
any response indicating such may 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; (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 6 - 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
RESPONSE FORMAT
Public Works Consultant 13 RFQ #37-24
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
Public Works Consultant 14 RFQ #37-24
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
Public Works Consultant 15 RFQ #37-24
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
Public Works Consultant 16 RFQ #37-24
By signing and submitting this Bid/Proposal/Qualification/Response, the Vendor certifies that:
a) It is under no legal prohibition on contracting with the City of Clearwater.
b) It has read, understands, and is in compliance with the specifications, terms and conditions stated herein, as well as its
attachments, and any referenced documents.
c) It has no known, undisclosed conflicts of interest.
d) The prices offered were independently developed without consultation or collusion with any of the other vendors or potential
vendors 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 commodities or services covered by this contract. The
Vendor has not influenced or attempted to influence any City employee, officer, elected official, or consultant in connection
with the award of this contract.
f) It understands the City may copy all parts of this response, including without limitation any documents or materials
copyrighted by the Vendor, for internal use in evaluating respondent’s offer, or in response to a public records request under
Florida’s public records law (F.S. Chapter 119) or other applicable law, subpoena, or other judicial process; provided that
the City agrees not to change or delete any copyright or proprietary notices.
g) It hereby warrants to the City that the Vendor and its subcontractors will comply with, and are contractually obligated to
comply with, all federal, state, and local laws, rules, regulations, and executive orders.
h) It certifies that Vendor is not presently debarred, suspended, proposed for debarment, declared ineligible, voluntarily
excluded, or disqualified from participation in this matter from any federal, state, or local agency.
i) It will provide the commodities or services specified in compliance with all federal, state, and local laws, rules, regulations,
and executive orders if awarded by the City.
j) It is current in all obligations due to the City.
k) It will accept all terms and conditions as set forth in this solicitation if awarded by the City.
l) The signatory is an officer or duly authorized representative of the Vendor with full power and authority to submit binding
offers and enter into contracts for the commodities or services as specified herein.
ACCEPTED AND AGREED TO:
Company Name:
Signature:
Printed Name:
Title:
Date:
MAILING LABEL
CUT ALONG THE LINE AND AFFIX TO THE FRONT OF YOUR BID CONTAINER
Public Works Consultant 17 RFQ #37-24
--------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------
SEALED RESPONSE
Submitted by:
Company Name:
Address:
City, State, Zip:
RFQ #37-24, Public Works Consultant
Due Date: May 29, 2024, at 10:00 A.M.
City of Clearwater
Attn: Procurement Division
PO Box 4748
Clearwater FL 33758-4748
--------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------
---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------
SEALED RESPONSE
Submitted by:
Company Name:
Address:
City, State, Zip:
RFQ #37-24, Public Works Consultant
Due Date: May 29, 2024, at 10:00 A.M.
City of Clearwater
Attn: Procurement Division
100 S Myrtle Ave 3rd Fl
Clearwater FL 33756
---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services------------------------------------------------
1) Bowman Consulting Group Ltd 2) Broaddus & Associates
1410 N Westshore Blvd, Ste 111 1301 S Capital of Texas Hwy, Ste A-302
Tampa, FL 33607 Austin, TX 78746
813.474.7424 512.329.8822
3) CPH Consulting, LLC 4) CSA Central, Inc
5601 Mariner St, Ste 105 201 S Bumby Ave, Ste J-7
Tampa, FL 33609 Orlando, FL 32803
813.288.0233 305.461.5484
5) Matrix Consulting Group, Ltd
1650 S Amphlett Blvd, Ste 213
San Mateo, CA 94402
650.858.0507
ADVERTISED: TAMPA BAY TIMES 4/24/2024
POSTED:myclearwater.com 04/23/2024-06/18/2024
Due/Opening: June 18, 2024; 10:00 a.m.
REQUEST FOR QUALIFICATIONS No. 37-24
Public Works Consultant
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#24-1527
Agenda Date: 12/16/2024 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Public Works
Agenda Number: 5.3
SUBJECT/RECOMMENDATION:
Authorize a professional service agreement and increase to purchase order with Broaddus and
Associates, of Tampa, FL for the Public Works Department (PWD) Program Consultant (24-0048-EN) in
the amount of $350,000.00 bringing the annual not-to-exceed amount to $445,000.00 for a five-year
term pursuant to Request for Qualification (RFQ) 37-24 and authorize the appropriate officials to execute
same. (consent)
SUMMARY:
In April 2024, RFQ 37-24, Public Works Program Consulting Services, was issued seeking qualified
program managers, engineers and joint venture teams to provide comprehensive assessment, design,
procurement, cost estimating and construction support services to its Public Works Department (PWD)
on a program-level scale. The intent is to improve efficiency of completing work assignments, while
being closely monitored by a Public Works Project Manager.
In June 2024, the RFQ selection committee, consisting of representatives from the City Manager’s
Office, Finance Department and Public Works Department carefully reviewed each of the submittals
received from five qualified firms. Each submittal was ranked on the RFQ criteria and overall
responsiveness to the RFQ requirements. The committee selected three firms to return for
presentations/interviews.
In July 2024, after formal presentations of the short-listed firms, the RFQ Selection Committee selected
Broaddus & Associated (B&A) and CPH Consulting, LLC (CPH) for PWD Program services, both to
leverage each’s expertise but also to incorporate competition.
In October 2024, Procurement Manager approved an initial Task Order 1 to B&A to perform operational
assessments and process optimization in support of Hurricane Milton response and recovery in the
amount of $50,000.00.
In November 2024, City Manager approved Task Orders 2 & 3 to B&A in the amount of $45,000.00,
increasing the total contract value to $95,000.00. Task Order 2 included developing improved work
induction processes to improve scope development and budgeting associated with city Capital
Improvement Programs (CIP). Task Order 3 included a review of existing CIP budgets, including
interviews with stakeholders to determine if the budgeted scope of work is appropriate for each project.
PWD believes this will help align expectations with scopes of work and improve the accuracy of CIP
budgets.
The development of a standard Work Induction form that provides sufficient scope and budget details is
a vital effort to improving transparency of scope and cost to Council and City Leadership. This effort will
include design, construction, soft costs and life cycle costs along with any personnel increase/decrease
to allow more informed decision making. Conceptual estimating at these early stages is highly
specialized and is best associated with an entity that is regularly pricing work to ensure they have the
latest cost models. The estimators producing these estimates will be leveraged during contract
negotiations to help ensure the City is getting the best value on projects.
APPROPRIATION CODE AND AMOUNT:
Funding for this contract will be provided by various Public Works Capital Improvement Projects and
operating budgets. The Public Works operating budget and associated projects are funded by General
Fund, Stormwater Fund Utility Enterprise Fund, Parking Enterprise Fund, and Penny for Pinellas revenue
dependent upon project.
Page 1 City of Clearwater Printed on 12/11/2024
File Number: ID#24-1527
STRATEGIC PRIORITY:
1.2 Maintain public infrastructure, mobility systems, natural lands, environmental resources, and historic
features through systematic management efforts.1.5 Embrace a culture of innovation that drives
continuous improvement and successfully serves all our customers.
Page 2 City of Clearwater Printed on 12/11/2024
Vv2015.mm
PROFESSIONAL SERVICES AGREEMENT BETWEEN
CITY OF CLEARWATER AND BROADDUS
RFQ #37-24
PUBLIC WORKS DEPARTMENT PROGRAM SERVICES (BROADDUS)
PROJECT #24-0048-EN
This AGREEMENT is made and entered into on the _____ day of __________ 20___ by and
between the City of Clearwater, Florida (CITY) and Broaddus & Associates (CONSULTANT).
WITNESSETH:
WHEREAS, the CITY desires to engage the CONSULTANT to perform certain professional
services pertinent to such work in accordance with this Agreement; and
WHEREAS, the CONSULTANT desires to provide such professional services in accordance
with this Agreement; and
WHEREAS, in accordance with the competitive selection process described in Section 287.055
of the Florida Statutes, the CITY selected the CONSULTANT based on Request For
Qualifications (“RFQ”) #37-24 and responses by the CONSULTANT to RFQ #37-24.
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 Public Works Department (PWD) consists of two divisions: Engineering and
Stormwater & Right of Way (ROW) Maintenance. The Engineering Division includes
the following subdivisions: Construction, Engineering, Environmental, Geographic
Information Systems, Parking, Sustainability, and Transportation. One of the Division’s
core responsibilities is to manage all aspects of the Capital Improvement Programs (CIP)
for various city Departments such as Fire & Rescue, Marine & Aviation, Police, Public
Works, Solid Waste & Recycling, etc. The Stormwater & Right of Way (ROW)
Maintenance Division operates and maintains the stormwater management systems,
streets and sidewalks, urban forestry, and traffic operations within city ROW and/or
easements.
The intent behind the overall program is to provide comprehensive assessment, design,
procurement, budgeting, and construction support services to the City on a program-
level scale to improve efficiency of completing work assignments, while being closely
monitored by a Public Works Project Manager. Two teams were selected (CPH
Consulting, LLC and Broaddus & Associates), both to leverage each’s expertise but also
to incorporate competition.
Vv2015.mm
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 #37-24, Scope of Services.
2.2 The CONSULTANT’S services under this Agreement will be provided under project
specific Task Order(s). Each Task 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. Potential services included in the RFQ include:
a. Program Development, Scheduling and Budgeting Services (including projects
that exceed CCNA limits):
- Conceptual estimating, including annual updates
- Project development
- Cost negotiations
- Scheduling support
b. Engineering Services:
- Owner’s representative services
- Preparing Watershed Management Plans
- Master Plans for appropriate city departments
- Stormwater modeling
- Utilities services
- Environmental and Sustainability services
- Shoreline studies
- Infrastructure condition assessments
- Subsurface utilities engineering
- Developing and reviewing technical evaluations, memos, and reports
- Designs and engineering services during construction
- Permitting support (Florida Department of Environmental Protection
(FDEP), Southwest Florida Water Management District (SWFWMD),
United States Army Corps of Engineers (USACE), etc.)
- Plan Review and Land Development augmentation, including on-site
support
- Review and development of technical specifications and construction
standards
- Review and recommendations of new technologies
Vv2015.mm
- Parking Systems and related services
- Mobility Impact studies and reviews
- Traffic modeling, review, engineering, etc.
c. Construction & Operational Services:
- Construction advisory services (e.g., cost estimating, materials
selections, identifying long lead items and alternatives, value
engineering and alternate project delivery options, etc.)
- Construction inspections
- Construction materials testing and inspections (e.g. density testing,
concrete testing, etc.)
- Right of Way (ROW) inspections
d. Stormwater & ROW Maintenance Services:
- Assisting in the preparation and oversight of various maintenance
support contracts (e.g. stormwater systems maintenance, streets and
sidewalks, urban forestry, etc.). This includes contract preparation,
bidding services, construction/contractor oversight, reviewing
contractor pay apps, etc.
- Stormwater Pollution Prevention Plan inspections
e. Operational assessment & optimization (e.g. developing prioritized work
schedules)
f. Public Works Department (PWD) and Program Management Support
- Assist with developing policies and procedures
- Assist with development and implementation of software and process
management tools, including interim hosting services
- Assist with training PWD personnel
- Assist reviewing and improving stormwater utility fees
- Grant research and application support related to specific projects
and/or programs, as assigned
g. Other related work, as assigned.
Total compensation for all services shall not exceed $350,000, unless specifically
authorized by the City Council.
Two Work Orders that were previously authorized by the City Manager are attached
hereto as Exhibit A.1 (Task Order 1) and Exhibit A.2 (Task Orders 2, & 3).
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
Vv2015.mm
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 three (3) years, with two (2) one (1) year renewal options, subject to the
provisions for termination contained herein. Assignments that are in progress at the
Termination Date shall be completed by the CONSULTANT unless specifically
terminated by the CITY. Should the CONSULTANT be in the progress of completing
work under this Agreement at the Termination Date, this Agreement shall continue with
all terms, conditions and obligations being in full force and effect until such time as the
work is completed. All provisions expressly intended to survive termination shall do so.
4.0 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
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
Vv2015.mm
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
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.
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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.
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
Vv2015.mm
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.
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
Vv2015.mm
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. An hourly rate schedule
is attached hereto as Exhibit B.
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
for professional services provided up to the date of suspension, cancellation, or
abandonment.
10.0 GOVERNING LAW
Vv2015.mm
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 (Exhibit C).
14.0 RFQ #37-24, TERMS AND CONDITIONS
All terms and conditions as set forth in RFQ #37-24, Terms of Conditions are
incorporated by reference and hereto attached as Exhibit D.
15.0 ORDER OF PRECEDENCE
Any inconsistency in documents relating to this Agreement shall be resolved by giving
precedence in the following order: (i) this Agreement and subsequent Amendments; (ii)
RFQ #37-24, Terms and Conditions; and (iii) Work Orders.
16.0 INSURANCE REQUIREMENTS
Insurance Requirements are set forth in Exhibit E, which is incorporated by reference
and attached hereto.
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
Vv2015.mm
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]
Vv2015.mm
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
___________________________ ______________________________
Bruce Rector Jennifer Poirrier
Mayor City Manager
Approved as to form: Attest:
___________________________ ______________________________
Jerrod Simpson Rosemarie Call
Sr. Assistant City Attorney City Clerk
Paul Webb
COO
Rafael F. Pazos
Broaddus & Associates City of Clearwater
Consultant Work Order Page 1 of 4 Revised: 11/28/2022
EXHIBIT A.1
CONSULTANT WORK ORDER
Date: 8 October 2024
1.PROJECT INFORMATION:
Project Title: Public Works Program Consultant
City Project Number: 24-0048-EN – Task 1 – Hurricane
Milton Response and Recovery
City Plan Set Number: Not applicable
Consultant Project Number: Not applicable
2.SCOPE OF SERVICES:
I.PRE-DESIGN PHASE:
Task Order 1: Support the City of Clearwater with Operational Assessments
and Process Optimization in support of Hurricane Milton Response and
Recovery.
Summary: In anticipation of impacts from Hurricane Milton to the City of
Clearwater, provide personnel with expertise in operational assessments and
process optimization that can assist the City in the response and recovery effort.
This work order is an initial work order under the Public Works Consulting
Services RFQ#37-24.
II.DESIGN PHASE (if applicable): N/A
III.FINAL DESIGN PHASE (if applicable): N/A
IV.BIDDING PHASE (if applicable): N/A
V.CONSTRUCTION PHASE (if applicable): N/A
3.PROJECT GOALS:
Broaddus & Associates will work at the direction of the Public Works Department on
priority areas. It is anticipated that Broaddus & Associates will support the City with
Operational Assessments and Process Optimization in areas impacted by Hurricane
Milton. Broaddus’ assessments are expected to help the city prepare future work
CONSULTANT WORK ORDER
24-0048-EN Public Works Program Consultant
Broaddus & Associates Task 1 - Hurricane Milton Support City of Clearwater
Consultant Work Order Page 2 of 4 Revised: 11/28/2022
packages for areas impacted by Hurricane Milton which is expected to make landfall o/a
10 October 2024.
4. FEES:
This price includes all labor and expenses anticipated to be incurred by Broaddus &
Associates for the completion of these tasks in accordance with Professional Services
Method “A” – Hourly Rate, for a fee not to exceed fifty thousand dollars ($ 50,000).
The reimbursable expenses portion of the entire fee will not exceed five thousand
dollars ($4,591). The contractor is responsible for the payment of any permit
application fees (non expected) and will submit an invoice to the City as a reimbursable
expense.
5. SCHEDULE:
The project schedule is undefined based on the uncertainty of impacts caused by
Hurricane Milton. It is expected that during the execution of this work order Broaddus
& Associates and the City of Clearwater will work on a Professional Services Agreement
and a scope commensurate to the requirements under the Public Works Consulting RFQ
# 37-24.
6. STAFF ASSIGNMENT:
Primary directions from the City on this work order will be given by the PWD Deputy City
Engineer, Mr. Jeremy Brown. The Consultant will ensure that any additional direction
given by City officials is shared with Mr. Jeremy Brown.
For Broaddus & Associates, the effort will be managed by our Program Director, Mr.
Johnny Heintz who will support the effort in accordance with the times submitted in the
Fee Schedule. As needed by the City, personnel included in our proposal are available
to support the response and recovery effort. Our Program Executive, Mr. Paul Chastant
is available to support the City in the event that additional resources are required.
7. CORRESPONDENCE/REPORTING PROCEDURES:
Consultant’s project correspondence shall be directed to:
Johnny Heintz, Program Director
All City project correspondence shall be directed to:
Jeremy Brown, PWD Deputy City Engineer
8. INVOICING/FUNDING PROCEDURES:
City Invoicing Code: _____________________________
For work performed, invoices shall be submitted monthly to:
CONSULTANT WORK ORDER
24-0048-EN Public Works Program Consultant
Broaddus & Associates Task 1 - Hurricane Milton Support City of Clearwater
Consultant Work Order Page 3 of 4 Revised: 11/28/2022
ATTN DIVISION CONTROLLER
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
24-0048-EN Public Works Program Consultant
Broaddus & Associates Task 1 - Hurricane Milton Support City of Clearwater
Consultant Work Order Page 4 of 4 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. 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.
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:
None
13. SIGNATURES:
PREPARED BY: APPROVED BY:
Paul Webb, P.E. Tara Kivett, P.E.
Chief Operating Officer City Engineer
Broaddus & Associates City of Clearwater
Date: 8 Oct 2024 Date
ATTACHMENT “A”
CONSULTANT WORK ORDER – PROJECT FEES TABLE
24-0048-EN Public Works Program Consultant
Broaddus & Associates Task 1 - Hurricane Milton Support City of Clearwater
Consultant Work Order – Project Fees Table Page 1 of 4 Revised: 11/28/2022
CONSULTANT WORK ORDER
PROJECT FEES TABLE
Task Description Subconsultant
Services
Labor Total
1.0 Pre-Design
1.1 Operational Assessment and
Optimization
$45,000 $45,000
Pre-Design Total: $45,000
2.0 Design (N/A)
Design Total: $0
3.0 Final Design Plans and Specifications (N/A)
Final Design Plans and Specifications Total: $0
4.0 Permitting Services (N/A)
4.1 Permitting $0
Permitting Services Total:
5.0 Construction Phase Services
5.1 Preconstruction Conference
5.2 Contractors RFI’s
5.3 Shop Drawing Review
Construction Phase Services Total: $0
SUBTOTAL, LABOR AND SUB-CONTRACTORS:
6.0 Reimbursable Expenses (Travel) $5,000
7.0 Other Direct Costs (prints, photocopies, postage, etc.)
(Not applicable to lump sum Work Orders)
GRAND TOTAL: $50,000
ATTACHMENT “A”
CONSULTANT WORK ORDER – PROJECT FEES TABLE
24-0048-EN Public Works Program Consultant
Broaddus & Associates Task 1 - Hurricane Milton Support City of Clearwater
Consultant Work Order – Project Fees Table Page 2 of 4 Revised: 11/28/2022
ATTACHMENT “A”
CONSULTANT WORK ORDER – PROJECT FEES TABLE
24-0048-EN Public Works Program Consultant
Broaddus & Associates Task 1 - Hurricane Milton Support City of Clearwater
Consultant Work Order – Project Fees Table Page 3 of 4 Revised: 11/28/2022
ATTACHMENT “A”
CONSULTANT WORK ORDER – PROJECT FEES TABLE
24-0048-EN Public Works Program Consultant
Broaddus & Associates Task 1 - Hurricane Milton Support City of Clearwater
Consultant Work Order – Project Fees Table Page 4 of 4 Revised: 11/28/2022
ATTACHMENT “B” (Not Applicable))
CONSULTANT WORK ORDER – CITY DELIVERABLES
Broaddus & Associates Hurricane Milton Support City of Clearwater
Consultant Work Order – City Deliverables Page 1 of 1 Revised: 11/28/2022
CONSULTANT WORK ORDER
CITY DELIVERABLES (N/A)
1. FORMAT: (N/A)
2. DELIVERABLES: (N/A)
Broaddus & Associates City of Clearwater
Consultant Work Order Page 1 of 4 Revised: 11/28/2022
EXHIBIT A.2CONSULTANT WORK ORDER
Date: 10/22/2024 1.PROJECT INFORMATION:
Project Title: PWD Program Consultant
City Project Number: 24-0048-EN – Task Orders 2 and 3
City Plan Set Number: Not applicable
Consultant Project Number: Not applicable 2.SCOPE OF SERVICES:
The city issued Request for Qualifications #37-24 for Public Works Department (PWD)
Program Consultants, and Broaddus & Associates was one of the two selected firms. The
intent behind the overall program is to provide comprehensive assessment, design,
procurement, budgeting and construction support services to the city on a program-level
scale. Two firms were selected, both to leverage each’s expertise but also to incorporate
competition.
The first work order (Task Order 1, $50k) initiated the program while a larger, more
comprehensive scope of work (and budget) is prepared and brought to a future City
Council meeting for approval. The scope of work includes providing operational
assessments and optimization related to the recent hurricanes. While the larger scope of
work is still being prepared, PWD would like begin Task Orders 2 and 3.
Task Order 2 – Work Induction Processes
Task Order 2 includes developing improved work induction processes to improve scope
development and budgeting associated with city Capital Improvement Programs (CIP) and
for operations and maintenance (O&M) personnel. The two vary due to the nature of
their roles, responsibilities, and the environments in which they operate:
•CIP personnel are involved in the construction, upgrading, or expansion of
infrastructure, often working on a project-by-project basis. Their induction
focuses on project management, construction site protocols, and stakeholder
coordination.
•O&M personnel are responsible for the day-to-day operations of existing facilities
and ensuring the smooth running of systems and equipment. The induction
WORK ORDER
PWD Program Consultant
Broaddus & Associates City Project Number 24-0048-EN, Task Orders 2 and 3 City of Clearwater
Consultant Work Order Page 2 of 4 Revised: 11/28/2022
process for them focuses namely on immediate safety, technical training, and
operational procedures.
Task Order 3 – Review CIP Scopes of Work and Budgets
Task Order 3 includes a review of existing CIP budgets, including interviews with
stakeholders to determine if the budgeted scope of work is appropriate for each project.
PWD believes this will help align expectations with scopes of work and improve the
accuracy of CIP budgets. 3. PROJECT GOALS:
The consultant Task 2 goal is to help develop/improve current work induction processes
that will assist PWD prepare for upcoming CIP cycles. Task 3 goal is to help identify if
current CIP scopes of work include all appropriate elements, so the budgets and
expectations are better aligned. 4. FEES:
This price for Tasks 2 and 3 includes all labor and expenses anticipated to be incurred by
Broaddus & Associates for the completion of these tasks in accordance with Professional
Services Method “A” – Hourly Rate, for a fee not to exceed forty-five thousand dollars
($45,000), increasing the total work order value to $95,000. 5. SCHEDULE:
The project is expected to be completed in 3 months (or days) from issuance of notice-to-
proceed. 6. STAFF ASSIGNMENT:
Primary directions from the city on this work order will be given by the PWD Deputy City
Engineer, Mr. Jeremy Brown. The Consultant will ensure that any additional direction
given by City officials is shared with and approved by Mr. Jeremy Brown.
For Broaddus & Associates, the effort will be managed by the Program Director, Mr.
Johnny Heintz who will support the effort in accordance with the times submitted in the
Fee Schedule. It is expected that the Senior Estimating Consultant, Mr. Jacque Judy will
work under the direction of the Program Director. The Planning Support will be executed
by Broaddus Planning under the lead of Ms. Denise Davis. Based on the hourly nature of
this work order, it is expected that the Program Director will coordinate with Mr. Jeremy
Brown if additional skills are needed by the city. 7. CORRESPONDENCE/REPORTING PROCEDURES:
Consultant’s project correspondence shall be directed to:
Mr. Johnny Heintz, Program Director
WORK ORDER
PWD Program Consultant
Broaddus & Associates City Project Number 24-0048-EN, Task Orders 2 and 3 City of Clearwater
Consultant Work Order Page 3 of 4 Revised: 11/28/2022
All City project correspondence shall be directed to:
Mr. Jeremy Brown, PWD Deputy City Engineer 8. INVOICING/FUNDING PROCEDURES:
City Invoicing Code: _____________________________
For work performed, invoices shall be submitted monthly to:
ATTN DIVISION CONTROLLER
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.
WORK ORDER
PWD Program Consultant
Broaddus & Associates City Project Number 24-0048-EN, Task Orders 2 and 3 City of Clearwater
Consultant Work Order Page 4 of 4 Revised: 11/28/2022
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:
None. 12. SPECIAL CONSIDERATIONS:
None. 13. SIGNATURES:
PREPARED BY: APPROVED BY:
Paul Webb, P.E. Tara Kivett, P.E.
Chief Operating Officer City Engineer
Broaddus & Associates City of Clearwater
Date Date
Consultant Work Order – City Deliverables Page 1 of 1 Revised: 11/28/2022
CONSULTANT WORK ORDER
PROJECT FEES TABLE
Task Description Subconsultant
Services
Labor Total
2.0 Task Order 2 – Work Induction Processes
Task Order 2 Total: $14,000
3.0 Task Order 3 – Review CIP Scopes of Work and Budgets
Task Order 3 Total: $29,000
SUBTOTAL, LABOR AND SUB-CONTRACTORS:
4.0 Reimbursable Expenses (Travel) $2,000
5.0 Other Direct Costs (prints, photocopies, postage, etc.)
(Not applicable to lump sum Work Orders)
GRAND TOTAL: $45,000
ATTACHMENT B
CONSULTANT WORK ORDER – CITY DELIVERABLES
Broaddus & Associates City of Clearwater
ATTACHMENT B
CONSULTANT WORK ORDER – CITY DELIVERABLES
Broaddus & Associates City of Clearwater
City of Clearwater
Public Works Consultant | RFQ No.:37-24
32 | Page
d. Exhibit C: Forms
City of Clearwater
Public Works Consultant | RFQ No.:37-24
33 | Page
City of Clearwater
Public Works Consultant | RFQ No.:37-24
34 | Page
City of Clearwater
Public Works Consultant | RFQ No.:37-24
35 | Page
Exhibit D
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
Exhibit D
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.
Exhibit D
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.
Exhibit D
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.
Exhibit D
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.
Exhibit D
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
Exhibit D
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
Exhibit D
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.
Exhibit E
37-24 – INSURANCE REQUIREMENTS
1.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.Professional Liability Insurance coverage appropriate for the type of business engaged in
by the Contractor with minimum limits of $1,000,000 (one million dollars) per occurrence. If a
claims made form of coverage is provided, the retroactive date of coverage shall be no later
than the inception date of claims made coverage, unless prior policy was extended indefinitely
to cover prior acts. Coverage shall be extended beyond the policy year either by a
supplemental extended reporting period (ERP) of as great a duration as available, and with no
less coverage and with reinstated aggregate limits, or by requiring that any new policy provide
a retroactive date no later than the inception date of claims made coverage.
The above insurance limits may be achieved by a combination of primary and umbrella/excess
liability policies.
6.OTHER INSURANCE PROVISIONS.
a.Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of
the insurance policy’s renewal date(s) for as long as this Agreement remains in effect, the
Contractor will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD
certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the
coverage set forth above and naming the City as an “Additional Insured.” In addition, when
requested in writing from the City, Contractor will provide the City with certified copies of all
applicable policies. The address where such certificates and certified policies shall be sent or
delivered is as follows: City of Clearwater
Attn: Procurement Division, RFQ #37-24
Exhibit E
37-24 – INSURANCE REQUIREMENTS
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.
Procurement Division
100 S Myrtle Ave
Clearwater FL 33756-5520
PO Box 4748, 33578-4748
727-562-4630 Tel
REQUEST FOR QUALIFICATIONS
#37-24
Public Works Consultant
April 23, 2024
NOTICE IS HEREBY GIVEN that sealed Statements of Qualifications will be received by the City of
Clearwater (City) until 10:00 AM, Local Time, May 29, 2024, to provide consulting services for Public
Works.
Brief Description: The city of Clearwater (City) is seeking qualified program managers, engineers and
joint venture teams to provide comprehensive assessment, design, procurement, cost estimating and
construction support services to its Public Works Department (PWD) on a program-level scale.
Responses must be in accordance with the provisions, specifications and instructions set forth herein and
will be received by the Procurement Division until the above noted time, when they will be publicly
acknowledged and accepted.
This Request for Qualifications, any attachments and addenda are available for download at
https://www.myclearwater.com/business/rfp
Please read the entire solicitation package and submit the response in accordance with the instructions.
This document (less this invitation and the instructions) and any required documents, attachments, and
submissions will constitute the response.
General, Process, or Technical Questions concerning this solicitation should be directed, IN
WRITING, to the Procurement Manager.
This Request for Qualifications is issued by:
Lori Vogel, CPPB
Procurement Manager
lori.vogel@myclearwater.com
INSTRUCTIONS
Public Works Consultant 2 RFQ #37-24
i.1 VENDOR QUESTIONS: All questions regarding the contents of this solicitation, and solicitation
process (including requests for ADA accommodations), shall be directed solely to the Contact listed
on Page One (1). Questions should be submitted in writing via letter, fax or email. Questions
received less than ten (10) calendar days prior to the due date and time may be answered at the
discretion of the City.
i.2 ADDENDA/CLARIFICATIONS: Any changes to the specifications will be in the form of an
addendum. Addenda are posted on the City website no less than seven (7) days prior to the Due
Date. Vendors are cautioned to check the Purchasing Website for addenda and
clarifications prior to submitting their response. The City cannot be held responsible if a vendor
fails to receive any addenda issued. The City shall not be responsible for any oral changes to these
specifications made by any employees or officer of the City. Failure to acknowledge receipt of an
addendum may result in disqualification of a response.
i.3 DUE DATE & TIME FOR SUBMISSION AND OPENING:
Date: May 29, 2024
Time: 10:00 AM (Local Time)
The City will open all responses properly and timely submitted and will record the names and other
information specified by law and rule. All responses become the property of the City and will not
be returned except in the case of a late submission. Respondent names, as read at the opening,
will be posted on the City website. Once a notice of intent to award is posted or 30 days from day
of opening elapses, whichever occurs earlier, responses are available for inspection by contacting
the Procurement Division.
i.4 SUBMIT RESPONSES TO: It is recommended that responses are submitted electronically
through our bids website at https://www.myclearwater.com/business/rfp
Respondents may mail or hand-deliver responses to the address below. E-mail or fax submissions
will not be accepted. Use label at the end of this solicitation package
City of Clearwater
Attn: Procurement Division
100 S Myrtle Ave, 3rd Fl, Clearwater FL 33756-5520
or
PO Box 4748, Clearwater FL 33758-4748
Responses will be received at this address. Respondents may mail or hand-deliver proposals; e-
mail or fax submissions will not be accepted.
No responsibility will attach to the City of Clearwater, its employees or agents for premature
opening of a response that is not properly addressed and identified.
i.5 LATE RESPONSES. The respondent assumes responsibility for having the response delivered
on time at the place specified. All responses received after the date and time specified shall not
be considered and will be returned unopened to the respondent. The respondent assumes the risk
of any delay in the mail or in handling of the mail by employees of the City of Clearwater, or any
private courier, regardless whether sent by mail or by means of personal delivery. It shall not be
sufficient to show that you mailed or commenced delivery before the due date and time. All times
are Clearwater, Florida local times. The respondent agrees to accept the time stamp in the City’s
Procurement Division as the official time.
i.6 LOBBYING; LOBBYING NO-CONTACT PERIOD; QUESTIONS REGARDING SOLICITATION.
From the time a competitive solicitation is posted until such time as the contract is awarded by the
city or the solicitation is cancelled, all bidders, offerors, respondents, including their employees,
representatives, and other individuals acting on their behalf, shall be prohibited from lobbying city
officers, city employees, and evaluation committee members.
INSTRUCTIONS
Public Works Consultant 3 RFQ #37-24
Violation of this section may result in rejection/disqualification from award of the contract arising
out of the competitive solicitation.
All questions regarding the competitive solicitation must be directed to the procurement manager
or designee, who will respond in writing and post such response to ensure that all respondents
receive the same information during the No-Contact Period.
The penalty for violating the No-Contact Period may include suspension or debarment
i.7 RESPONSIBILITY TO READ AND UNDERSTAND. Failure to read, examine and understand the
solicitation will not excuse any failure to comply with the requirements of the solicitation or any
resulting contract, nor shall such failure be a basis for claiming additional compensation. If a vendor
suspects an error, omission or discrepancy in this solicitation, the vendor must immediately and in
any case not later than seven (7) business days in advance of the due date notify the contact on
page One (1). The City is not responsible for and will not pay any costs associated with the
preparation and submission of the response. Respondents are cautioned to verify their responses
before submission, as amendments to or withdrawal of responses submitted after time specified
for opening of responses may not be considered. The City will not be responsible for any
respondent errors or omissions.
i.8 FORM AND CONTENT OF RESPONSES. Unless otherwise instructed or allowed, responses shall
be submitted on the forms provided. An original and the designated number of copies of each
response are required. Responses, including modifications, must be submitted in ink, typed, or
printed form and signed by an authorized representative. Please line through and initial rather than
erase changes. If the response is not properly signed or if any changes are not initialed, it may be
considered non-responsive. The City may require that an electronic copy of the response be
submitted. The response must provide all information requested and must address all points. The
City does not encourage exceptions. The City is not required to grant exceptions and depending
on the exception, the City may reject the response.
i.9 DEBARMENT DISCLOSURE. If the respondent has been debarred, suspended, or otherwise
lawfully precluded from participating in any public procurement activity, including being disapproved
as a (sub)contractor with any federal, state, or local government, or if any such preclusion from
participation from any public procurement activity is currently pending, the respondent shall include
a letter with its response identifying the name and address of the governmental unit, the effective
date of this suspension or debarment, the duration of the suspension or debarment, and the
relevant circumstances relating to the suspension or debarment. If suspension or debarment is
currently pending, a detailed description of all relevant circumstances including the details
enumerated above must be provided. A response from a respondent who is currently debarred,
suspended or otherwise lawfully prohibited from any public procurement activity may be rejected.
i.10 RESERVATIONS. The City reserves the right to reject any or all responses or any part thereof; to
reissue the solicitation; to reject non-responsive or non-responsible responses; to reject
unbalanced responses; to reject responses where the terms and/or awards are conditioned upon
another event; to reject individual responses for failure to meet any requirement; to award by part
or portion, or total; to make multiple awards; to waive minor irregularities, defects, omissions,
technicalities or form errors in any response. The City may seek clarification of the response from
respondent at any time, and failure to respond is cause for rejection. Submission of a response
confers on respondent no right to an award or to a subsequent contract. The City is responsible to
make an award that is in the best interest of the City. All decisions on compliance, evaluation,
terms and conditions shall be made solely at the City’s discretion and made to favor the City. No
binding contract will exist between the respondent and the City until the City executes a written
contract or purchase order.
i.11 OFFICIAL SOLICITATION DOCUMENT. Changes to the solicitation document made by a
respondent may not be acknowledged or accepted by the City. Award or execution of a contract
does not constitute acceptance of a changed term, condition or specification unless specifically
acknowledged and agreed to by the City. The copy maintained and published by the City shall be
INSTRUCTIONS
Public Works Consultant 4 RFQ #37-24
the official solicitation document.
i.12 ETHICS. It is the intention of the City to promote courtesy, fairness, impartiality, integrity, service,
professionalism, economy, and government by law in the Procurement process. The responsibility
for implementing this policy rests with each individual who participates in the procurement process,
including respondents and contractors.
To achieve the purpose of this Article, it is essential that respondents and contractors doing
business with the City also observe the ethical standards prescribed herein. It shall be a breach of
ethical standards to:
a. Exert any effort to influence any City employee or agent to breach the standards of ethical
conduct.
b. Intentionally invoice any amount greater than provided in Contract or to invoice for Materials or
Services not provided.
c. Intentionally offer or provide sub-standard Materials or Services or to intentionally not comply
with any term, condition, specification or other requirement of a City Contract.
i.13 GIFTS. The City will accept no gifts, gratuities or advertising products from respondents or
prospective respondents and affiliates.
i.14 RIGHT TO PROTEST. Pursuant to Section 2.562(3), Clearwater Code of Ordinances, a bidder
who submitted a response to a competitive solicitation and was not selected may appeal the
decision through the bid protest procedures, a copy of which shall be available in the Procurement
Division. A protesting bidder must include a fee of one percent of the amount of the bid or proposed
contract to offset the City’s additional expenses related to the protest. This fee shall not exceed
$5,000.00 nor be less than $50.00. Full refund will be provided should the protest be upheld. No
partial refunds will be made.
ADDRESS PROTESTS TO:
City of Clearwater - Procurement Division
100 So Myrtle Ave, 3rd Fl
Clearwater FL 33756-5520
or
PO Box 4748
Clearwater FL 33758-4748
INSTRUCTIONS – EVALUATION
Public Works Consultant 5 RFQ #37-24
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.
Respondent is hereby notified that Section 287.05701, Florida Statutes, requires that the City may not
request documentation of or consider a vendor's social, political, or ideological interests when
determining if the vendor is a responsible vendor.
i.16 CRITERIA FOR EVALUATION AND AWARD. The City evaluates three (3) categories of
information: responsiveness, responsibility, and the technical response. All responses must meet
the following responsiveness and responsibility criteria.
a) Responsiveness. The City will determine whether the response complies with the instructions
for submitting responses including completeness of response which encompasses the
inclusion of all required attachments and submissions. The City must reject any responses
that are submitted late. Failure to meet other requirements may result in rejection.
b) Responsibility. The City will determine whether the respondent is one with whom it can or
should do business. Factors that the City may evaluate to determine "responsibility" include,
but are not limited to: past performance, references (including those found outside the
response), compliance with applicable laws, respondent's record of performance and integrity-
e.g. has the respondent been delinquent or unfaithful to any contract with the City, whether
the respondent is qualified legally to contract with the City, financial stability and the perceived
ability to perform completely as specified. A respondent must at all times have financial
resources sufficient, in the opinion of the City, to ensure performance of the contract and must
provide proof upon request. City staff may also use Dun & Bradstreet and/or any generally
available industry information. The City reserves the right to inspect and review respondent’s
facilities, equipment and personnel and those of any identified subcontractors. The City will
determine whether any failure to supply information, or the quality of the information, will result
in rejection.
c) Technical Response. The City will determine how well responses meet its requirements in
terms of the response to the solicitation and how well the offer addresses the needs of the
project. The City will rank offers using a point ranking system (unless otherwise specified) as
an aid in conducting the evaluation.
The criteria that will be evaluated and their relative weights are:
Evaluation Criteria (response format pgs 11-12) Points
Technical Approach to Managing a Department-Wide Comprehensive
Program (Tab 2) 30
Experience and Qualifications of Team and Staff (Tab 3) 50
Conceptual Estimating and Project Development Experience (Tab 4) 20
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
INSTRUCTIONS – EVALUATION
Public Works Consultant 6 RFQ #37-24
result in an acceptable agreement, the City may reject response or revoke the award, and may
begin negotiations with another Respondent. Final contract terms must be approved or signed by
the appropriately authorized City official(s). No binding contract will exist between the respondent
and the City until the City executes a written contract or purchase order.
i.20 NOTICE OF INTENT TO AWARD. Notices of the City’s intent to award a Contract are posted to
Purchasing’s website. It is the respondent’s responsibility to check the City of Clearwater’s
Purchasing website at https://www.myclearwater.com/business/rfp to view the Procurement
Division’s Intent to Award postings.
i.21 RFQ TIMELINE. All dates are tentative and subject to change.
Release RFQ: 04/23/2024
Advertise Tampa Bay Times: 04/24/2024
Responses due: 05/29/2024
Review responses/presentations: 05/29/2024-06/14/2024
Award recommendation: 06/14/2024
Council authorization: September 2024
Contract begins: September 2024
DETAILED SPECIFICATIONS
Public Works Consultant 7 RFQ #37-24
1. PROJECT MISSION. The City of Clearwater is dedicated to providing superior services to its
customers in order to improve the quality of life for Clearwater residents, businesses and visitors.
The City of Clearwater is committed to ensuring that we have a sustainable city through green
measures focusing on our economy, environment, and community and is looking for vendors who
share that dedication and will help the City meet that goal.
2. BACKGROUND. The Public Works Department (PWD) consists of two divisions: Engineering and
Stormwater & Right of Way (ROW) Maintenance. The Engineering Division includes the following
subdivisions: Construction, Engineering, Environmental, Geographic Information Systems,
Parking, Sustainability, and Transportation. One of the Division’s core responsibilities is to manage
all aspects of the Capital Improvement Programs (CIP) for various city Departments such as Fire
& Rescue, Marine & Aviation, Police, Public Works, Solid Waste & Recycling, etc. The Stormwater
& Right of Way (ROW) Maintenance Division operates and maintains the stormwater management
systems, streets and sidewalks, and urban forestry within city ROW and/or easements. Due to the
variety of work types, it is expected that multiple firms, including contractors, will likely need to
develop team(s) to assist with this project.
3. SCOPE OF SERVICES. The overall intent is for the selected team(s) to provide comprehensive
support services to the PWD that comply with Florida Statute 287.055, Consultants Competitive
Negotiation Act (CCNA). Various activities may include, but are not limited to:
a. Program Development, Scheduling and Estimating Services (including projects that exceed
CCNA limits): o Conceptual estimating, including annual updates
o Project development o Cost negotiations
o Scheduling support
b. Engineering Services: o Owner’s representative services
o Preparing Watershed Management Plans o Master Plans for appropriate city departments
o Stormwater modeling o Utilities services
o Environmental and Sustainability services o Shoreline studies
o Infrastructure condition assessments o Subsurface utilities engineering
o Developing and reviewing technical evaluations, memos, and reports
o Designs and engineering services during construction o Permitting support (Florida Department of Environmental Protection (FDEP), Southwest
Florida Water Maintenance District (SWFWMD), United States Army Corps of Engineers
(USACE), etc.) o Plan Review and Land Development augmentation, including on-site support
o Review and development of technical specifications and construction standards o Review and recommendations of new technologies o Parking Systems and related services o Mobility Impact studies and reviews
o Traffic modeling, review, engineering, etc.
c. Construction & Operational Services: o Construction advisory services (e.g., cost estimating, materials selections, identifying long-
lead items and alternatives, value engineering and alternate project delivery options, etc.) o Construction inspections
o Construction materials testing and inspections (e.g. density testing, concrete testing, etc.) o ROW inspections
DETAILED SPECIFICATIONS
Public Works Consultant 8 RFQ #37-24
d. Stormwater & ROW Maintenance Services: o Assisting in the preparation and oversight of various maintenance support contracts (e.g.
stormwater systems maintenance, streets and sidewalks, urban forestry, etc.). This
includes contract preparation, bidding services, construction/contractor oversight,
reviewing contractor pay apps, etc. o Stormwater Pollution Prevention Plan inspections
e. Operational assessment & optimization (e.g. developing prioritized work schedules)
f. PWD and Program Management Support
o Assist with developing policies and procedures o Assist with development and implementation of software and process management tools,
including interim hosting services o Assist with training PWD personnel
o Assist reviewing and improving stormwater utility fees o Grant research and application support related to specific projects and/or programs, as
assigned
g. Other related work, as assigned.
The following documents has been included as part of the solicitation:
• Exhibit A – Standard Terms and Conditions
• Exhibit B - Sample Agreement
• Exhibit C - Forms
4. INSURANCE REQUIREMENTS. The Contractor (respondent) shall, at its own cost and expense,
acquire and maintain (and cause any subcontractors, representatives or agents to acquire and
maintain) during the term with the City, sufficient insurance to adequately protect the respective
interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A-
VII or better. In addition, the City has the right to review the Contractor’s deductible or self-insured
retention and to require that it be reduced or eliminated.
Specifically the Contractor must carry the following minimum types and amounts of insurance on
an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis,
then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following
the termination or expiration of this Agreement. Specific work may require additional coverage on
a case by case basis:
a. Commercial General Liability Insurance coverage, including but not limited to, premises
operations, products/completed operations, products liability, contractual liability, advertising
injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one
million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate.
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.
DETAILED SPECIFICATIONS
Public Works Consultant 9 RFQ #37-24
d. Professional Liability Insurance coverage appropriate for the type of business engaged in
by the Contractor with minimum limits of $1,000,000 (one million dollars) per occurrence. If a
claims made form of coverage is provided, the retroactive date of coverage shall be no later
than the inception date of claims made coverage, unless prior policy was extended indefinitely
to cover prior acts. Coverage shall be extended beyond the policy year either by a
supplemental extended reporting period (ERP) of as great a duration as available, and with no
less coverage and with reinstated aggregate limits, or by requiring that any new policy provide
a retroactive date no later than the inception date of claims made coverage.
The above insurance limits may be achieved by a combination of primary and umbrella/excess
liability policies.
6. OTHER INSURANCE PROVISIONS.
a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of
the insurance policy’s renewal date(s) for as long as this Agreement remains in effect, the
Contractor will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD
certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the
coverage set forth above and naming the City as an “Additional Insured.” In addition, when
requested in writing from the City, Contractor will provide the City with certified copies of all
applicable policies. The address where such certificates and certified policies shall be sent or
delivered is as follows: City of Clearwater
Attn: Procurement Division, RFQ #37-24
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
Public Works Consultant 10 RFQ #37-24
1. ANTICIPATED BEGINNING AND END DATE OF INITIAL TERM. July 2024 – July 2029
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
Public Works Consultant 11 RFQ #37-24
1. RESPONSE SUBMISSION. It is recommended that responses are submitted electronically through
our bids website at https://www.myclearwater.com/business/rfp.
For responses mailed and/or hand-delivered, firm must submit one (1) signed original (identified as
ORIGINAL) response, five (5) copies of the response and one (1) copy in an electronic format, on
a disc or thumb drive, in a sealed container using the label provided at the end of this solicitation.
If submitting electronically, hard copies are not required.
2. RESPONSE FORMAT - Qualifications shall be submitted in bound volumes on standard 8½" x 11"
paper. A single 8½" x 11" sheet printed on both sides is two (2) pages. All information must
be assembled and indexed in the order indicated below. The page count shall not exceed thirty-
one (31) total pages, including typed text, graphics, charts and photographs. The total page
count does not include documents submitted for Tabs 5 and 6, the tabbed separator pages, cover
page, and back page.
NOTE: Every response received by the City will be considered a public record pursuant to
Chapter 119, Florida Statutes. Any response marked confidential may be deemed non-
responsive to this RFQ.
TAB 1 – Letter of Interest (two (2) pages). The cover letter should briefly introduce the
Consultant/Firm/Team and also include:
a. A brief summary of the proposing Program Manager/Engineer/Join Venture Team’s
interest in providing the requested services.
b. Signature from the lead firm’s principal certifying that sufficient resources in personnel,
equipment, and time are available and that the proposed Team will be committed to this
project.
c. Contact information for the lead firm’s principal including email address and phone
number.
TAB 2 – Technical Approach to Managing a Department-Wide Comprehensive Program (six
[6] pages). The following information should be included:
a. Describe the team’s understanding of the program, and technical approach towards
providing the services included herein.
b. Explain how the team believes it can meet the needs of the city.
c. Provide additional items/information that the team believes is relevant to this program but
may not be explicitly stated.
TAB 3 – Experience and Qualifications of Team and Staff (eight [8] pages, up to ten [10]
additional pages for project examples). The following information should be included:
a. Describe the team’s background, experience, and qualifications of key personnel proposed
to work on the program. Include resumes for key team members (including key
subconsultants) demonstrating specific project experience relevant to the program.
Resumes must clearly indicate educational background and state of licensure, if applicable.
b. Include information for at least the following four (4) types of projects: owner’s
representative services, plan review & land development augmentation, development &
oversight of municipal maintenance contracts, and operational assessments &
optimization, preferably within the last ten (10) years, for which the team has provided
services closely related to this scope of service.
i. The city recognizes that a single firm may not be qualified for all the services
included in this RFQ; therefore, provide enough project examples (in addition to
the four (4) indicated above) from the various team members to help the city
determine the most qualified team.
RESPONSE FORMAT
Public Works Consultant 12 RFQ #37-24
ii. Each project example must specify the involvement of proposed team members
and include client contact information including name, position/title, email address,
phone number, dates work performed, and budgets.
c. Include an organization chart and specify the team arrangement, its roles and
responsibilities, including the work of subconsultants/subcontractors. Any changes in key
personnel after the contract award must be approved by the City.
d. Due to the amount of work and resources anticipated to be involved in this program, total
volume of work with the city and responsiveness will also be considered.
TAB 4 – Conceptual Estimating and Project Development Experience (five [5] pages). The
following information should be included:
a. Describe the team’s background, experience, and qualifications assisting other
municipalities with project development and preparing conceptual construction cost
estimates for CIP projects.
b. Include a description of the tools, methodologies, and controls utilized.
c. Include resumes for key team members (including key subconsultants) demonstrating
conceptual cost estimating and project development experience. Resumes must clearly
indicate educational background and state of licensure, if applicable.
d. Include a listing of example CIP projects comparing the original conceptual estimate, the
contract award, and the final cost for municipal CIP projects within the last ten (10) years.
If costs increased for reasons beyond the team’s control (client change in scope, materials,
etc.), please state what changed and why.
e. Each example must specify the involvement of proposed team members and include client
contact information including name, position/title, email address, phone number, and dates
work performed.
TAB 5 – Litigation. NOTE: this is not considered Confidential or Proprietary information –
any response indicating such may 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; (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 6 - 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
RESPONSE FORMAT
Public Works Consultant 13 RFQ #37-24
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
Public Works Consultant 14 RFQ #37-24
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
Public Works Consultant 15 RFQ #37-24
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
Public Works Consultant 16 RFQ #37-24
By signing and submitting this Bid/Proposal/Qualification/Response, the Vendor certifies that:
a) It is under no legal prohibition on contracting with the City of Clearwater.
b) It has read, understands, and is in compliance with the specifications, terms and conditions stated herein, as well as its
attachments, and any referenced documents.
c) It has no known, undisclosed conflicts of interest.
d) The prices offered were independently developed without consultation or collusion with any of the other vendors or potential
vendors 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 commodities or services covered by this contract. The
Vendor has not influenced or attempted to influence any City employee, officer, elected official, or consultant in connection
with the award of this contract.
f) It understands the City may copy all parts of this response, including without limitation any documents or materials
copyrighted by the Vendor, for internal use in evaluating respondent’s offer, or in response to a public records request under
Florida’s public records law (F.S. Chapter 119) or other applicable law, subpoena, or other judicial process; provided that
the City agrees not to change or delete any copyright or proprietary notices.
g) It hereby warrants to the City that the Vendor and its subcontractors will comply with, and are contractually obligated to
comply with, all federal, state, and local laws, rules, regulations, and executive orders.
h) It certifies that Vendor is not presently debarred, suspended, proposed for debarment, declared ineligible, voluntarily
excluded, or disqualified from participation in this matter from any federal, state, or local agency.
i) It will provide the commodities or services specified in compliance with all federal, state, and local laws, rules, regulations,
and executive orders if awarded by the City.
j) It is current in all obligations due to the City.
k) It will accept all terms and conditions as set forth in this solicitation if awarded by the City.
l) The signatory is an officer or duly authorized representative of the Vendor with full power and authority to submit binding
offers and enter into contracts for the commodities or services as specified herein.
ACCEPTED AND AGREED TO:
Company Name:
Signature:
Printed Name:
Title:
Date:
MAILING LABEL
CUT ALONG THE LINE AND AFFIX TO THE FRONT OF YOUR BID CONTAINER
Public Works Consultant 17 RFQ #37-24
--------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------
SEALED RESPONSE
Submitted by:
Company Name:
Address:
City, State, Zip:
RFQ #37-24, Public Works Consultant
Due Date: May 29, 2024, at 10:00 A.M.
City of Clearwater
Attn: Procurement Division
PO Box 4748
Clearwater FL 33758-4748
--------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------
---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------
SEALED RESPONSE
Submitted by:
Company Name:
Address:
City, State, Zip:
RFQ #37-24, Public Works Consultant
Due Date: May 29, 2024, at 10:00 A.M.
City of Clearwater
Attn: Procurement Division
100 S Myrtle Ave 3rd Fl
Clearwater FL 33756
---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services------------------------------------------------
1) Bowman Consulting Group Ltd 2) Broaddus & Associates
1410 N Westshore Blvd, Ste 111 1301 S Capital of Texas Hwy, Ste A-302
Tampa, FL 33607 Austin, TX 78746
813.474.7424 512.329.8822
3) CPH Consulting, LLC 4) CSA Central, Inc
5601 Mariner St, Ste 105 201 S Bumby Ave, Ste J-7
Tampa, FL 33609 Orlando, FL 32803
813.288.0233 305.461.5484
5) Matrix Consulting Group, Ltd
1650 S Amphlett Blvd, Ste 213
San Mateo, CA 94402
650.858.0507
ADVERTISED: TAMPA BAY TIMES 4/24/2024
POSTED:myclearwater.com 04/23/2024-06/18/2024
Due/Opening: June 18, 2024; 10:00 a.m.
REQUEST FOR QUALIFICATIONS No. 37-24
Public Works Consultant
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#24-1561
Agenda Date: 12/16/2024 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Public Works
Agenda Number: 5.4
SUBJECT/RECOMMENDATION:
Authorize a Purchase Order to Keystone Excavators, Inc. of Oldsmar, FL, for the reconstruction of
Parking Lot 36 located at 4 Rockaway Street in the amount of $765,424.75 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)
SUMMARY:
During Hurricane Helene, Parking Lot 36 (Rockaway Lot) incurred severe damage due to historic level
storm surge. The strong currents created two large craters and undermined existing sidewalk and wall
foundation. Additionally, the storm surge severely damaged the pavement, sidewalk, sand wall, and
other miscellaneous structures within Parking Lot 36.
Immediately after Helene, the lot was used for sand sifting operations and staging. Currently, the
western portion of the lot remains closed due to damage, while the eastern portion is open for public
parking. This is not an ideal situation, as it limits Clearwater Beach visitors available parking, decreases
parking revenue, and impacts local businesses in the subject lot’s vicinity. Immediate repairs are needed
to re-open the lot to the public.
Due to the limited time constraint to repair Parking Lot 36 prior to the busy season, it is impractical to
formally bid the full scope of the project, and/or have multiple contractors present on site concurrently.
The City is losing around $25,000.00 per month in parking revenue by not having the lot open as well as
the optics of having the damaged area next to the beach. Adjacent business owners are very interested
in getting the additional parking restored as quickly as possible. This approach allows the City to restore
the lot quickest.
Keystone currently has an active contact with the City of Largo, Contract No.24-B-784, Valid through
February 25, 2025. Authorization is requested to piggyback on this contract for the immediate repairs of
Parking Lot 36, totaling $709,399.75, along with $56,025.00 for additional expenses considered
impractical ($33,465.00 demolition of the existing wall, $7,260.00 for pavement striping and $15,300.00
bonding). Given the limited space, having two contractors simultaneously on the site and incurring
additional mobilization costs would not be practical.
Immediate repairs of Parking Lot 36 consist of demolition of damaged structures such as walls,
sidewalk, de-commissioning of solid waste vaults, backfilling and compaction of soils within large
depressions, pavement reconstruction, and parking lot re-striping. To limit the use of non-competitive bid
items for the subject reconstruction/repairs, structural fill, necessary to backfill the depressions, will be
provided by David Nelson Construction Company, under the active Annual Maintenance Stormwater
Repair Contract. Nelson will be providing the fill material only and will not be performing any
reconstruction work, nor will be present at the site simultaneously with Keystone. Structural fill is
necessary to backfill the depressions present at the site, as well as for regrading of the site to
re-establish adequate stormwater drainage. This fill cost is estimated at $35,000.00, or approximately
$800,424.75 for phase one of the project (the Keystone and Nelson scopes).
Page 1 City of Clearwater Printed on 12/11/2024
File Number: ID#24-1561
Repairs exclude re-building of the sand wall and its foundation. As well as the adjoining sidewalk panels,
miscellaneous items such as showers, lighting structures, and its associated infrastructure. These items
will be procured under a formal hard bid.
APPROPRIATION CODE AND AMOUNT:
3357335-546300-D2402 $765,424.75
This purchase order will be coded to Parking Fund capital project D2402, Hurricane Helene, and FEMA
reimbursement will be attempted. This project will be funded by revenues from the Parking Enterprise
Fund.
STRATEGIC PRIORITY:
[1.2] Maintain public infrastructure, mobility systems, natural lands, environmental resources, and historic
features through systematic management efforts. [1.3] Adopt responsive levels of service for public
facilities and amenities, and identify resources required to sustain that level of service
Page 2 City of Clearwater Printed on 12/11/2024
PROPOSAL
Project: ROCKAWAY LOT RECONSTRUCT
DescripƟon:DemoliƟon and ReconstrucƟon of
Specified Areas Within Parking Lot
Bid LocaƟon: Rockaway Parking Lot
Clearwater Beach, FL
From:Keystone Excavators, Inc.
371 Scarlet Blvd.
Oldsmar, FL 34677 USA
Contact: Marcus M. Epling
Phone: 813 854 2342
Email: marcus@keystoneexcavators.com
ITEM / DESCRIPTION BID QTY U/MUNIT BIDAMOUNT
1
Largo Item: MobilizaƟon (101-0100)
0.200 LS $80,000.00$400,000.00
2
Largo Item: Survey & Layout By Contractor
(005-0700)
0.200 LS $15,600.00$78,000.00
3
Largo Item: Traffic Control (102-0100)
0.200 LS $33,000.00$165,000.00
4
NEW ITEM: DemoliƟon of ExisƟng Wall & Footer
and Associated Grading
485.000 LF $33,465.00$69.00
5
Largo Item: Clear & Grub (110-1)
0.200 LS $42,000.00$210,000.00
7
Largo Item: 12" StabilizaƟon (40 LBR) (160)
1,950.000 SY $39,000.00$20.00
8
Largo Item: 8" Crushed Concrete Base (100 LBR)
(200)
1,950.000 SY $70,200.00$36.00
PROPOSAL
ITEM / DESCRIPTION BID QTY U/MUNIT BIDAMOUNT
9
Largo Item: Curb (520)
500.000 LF $28,000.00$56.00
10
Largo Item: Concrete Sidewalk, 6" (522-1)
300.000 SY $47,100.00$157.00
11
Largo Item: Detectable Warning
27.000 SF $945.00$35.00
12
Largo Item: 1.5" Milling (327)
4,667.000 SY $66,504.75$14.25
13
Largo Item: 1.5" Superpave 9.5 AsphalƟc
Concrete (324) (SP 12.5 Var Thick)
725.000 TON $217,500.00$300.00
14
NEW ITEM: Pavement Striping - Painted Markings
1.000 LS $7,260.00$7,260.00
15
Bond
1.000 LS $15,300.00$15,300.00
16
ConƟngency
1.000 LS $69,550.00$69,550.00
TOTAL BID:$765,424.75
PROPOSAL
Project Comments
Project Notes /Exclusions:
Price does not take into account encountering underground obstructions such as unmarked utilities, rock,
hazardous materials, etc.
No dewatering of any kind figured.
Work to be completed in its entirety under 1 mobilization.
Work does not take into account encountering existing utilities within the footprint of the proposed work.
Fixing, rerouting, replacing or installing new utilities has not been figured for this project.
No landscaping or irrigation work figured.
No permits, fees, or testing of any kind figured.
Dump fees for spoil materials coming off site has not been figured.
As-build drawings by a PLS has not been figured.
Maintenance of traffic will be complete shutdown of the parking lot (all areas) unitl work is complete.
No work on lighting (poles, wiring, conduits, etc.), UG trash receptacle w/ associated bollards, drinking
fountains, outdoor showers / footwashes, etc. Keystone will demo the UG trash receptacles only.
Location Map
4 Rockaway Street
Clearwater, 33767
Legend
Approximate Limit of Construction
Parking Lot 36
1000 ft
N➤➤N
Keystone
1 Survey & Layout By Contractor (005-0700) 1.00 LS $ 75,000.00 $ 75,000.00 $ 78,000.00 $ 78,000.00
2 Testing Laboratory Allowance (S-4) 1.00 LA $ 50,000.00 $ 50,000.00 $ 8,000.00 $ 8,000.00
3 Mobilization (101-0100) 1.00 LS $ 1,000,000.00 $ 1,000,000.00 $ 400,000.00 $ 400,000.00
4 Traffic Control (102-0100) 1.00 LS $ 650,000.00 $ 650,000.00 $ 165,000.00 $ 165,000.00
5 Erosion Control Measures (104) 1.00 LS $ 75,000.00 $ 75,000.00 $ 38,750.00 $ 38,750.00
6 Clear & Grub (110-1) 1.00 LS $ 300,000.00 $ 300,000.00 $ 210,000.00 $ 210,000.00
7 Excavation of Unsuitable Materials (120-2) 250.00 CY $ 40.00 $ 10,000.00 $ 35.00 $ 8,750.00
8 Root Control Barrier (110-2) 75.00 LF $ 20.00 $ 1,500.00 $ 50.00 $ 3,750.00
9 Root Pruning (110-3) 150.00 LF $ 20.00 $ 3,000.00 $ 20.00 $ 3,000.00
10 Mailbox Relocation (110) 50.00 EA $ 300.00 $ 15,000.00 $ 225.00 $ 11,250.00
11 Mailbox Replacement, Masonry (110) 2.00 EA $ 2,000.00 $ 4,000.00 $ 5,000.00 $ 10,000.00
12 Performance Turf (570) 24,600.00 SY $ 9.00 $ 221,400.00 $ 7.00 $ 172,200.00
16 1.5" Milling (327) 1,910.00 SY $ 10.00 $ 19,100.00 $ 14.25 $ 27,217.50
17 1.5" Superpave 9.5 Asphaltic Concrete (324) 1,020.00 TN $ 250.00 $ 255,000.00 $ 300.00 $ 306,000.00
18 9" FDR Base (392) 10,560.00 SY $ 35.00 $ 369,600.00 $ 38.00 $ 401,280.00
19 Miami Curb (520) 9,615.00 LF $ 33.00 $ 317,295.00 $ 56.00 $ 538,440.00
20 Valley Curb (520) 60.00 LF $ 65.00 $ 3,900.00 $ 110.00 $ 6,600.00
21 Concrete Sidewalk, 4" (522-1)3,515.00 SY $ 70.00 $ 246,050.00 $ 120.00 $ 421,800.00
22 Concrete Sidewalk, 6" (522-1) 170.00 SY $ 95.00 $ 16,150.00 $ 157.00 $ 26,690.00
23 Concrete Driveway (522-3)3,250.00 SY $ 95.00 $ 308,750.00 $ 157.00 $ 510,250.00
24 Detectable Warning (527)40.00 SF $ 30.00 $ 1,200.00 $ 35.00 $ 1,400.00
25 Storm Inlet, Type RC-3 (425)1.00 EA $ 14,500.00 $ 14,500.00 $ 10,900.00 $ 10,900.00
26 Storm Inlet, Type RC-4 (425)8.00 EA $ 16,000.00 $ 128,000.00 $ 11,000.00 $ 88,000.00
27 Storm Inlet, Ditch Bottom Inlet, Type D (425)2.00 EA $ 5,150.00 $ 10,300.00 $ 8,300.00 $ 16,600.00
28 Drainage Manhole, 4' Diameter (425)5.00 EA $ 5,550.00 $ 27,750.00 $ 8,500.00 $ 42,500.00
29 18" RCP (430)56.00 LF $ 130.00 $ 7,280.00 $ 200.00 $ 11,200.00
30 24" RCP (430)935.00 LF $ 170.00 $ 158,950.00 $ 225.00 $ 210,375.00
31 12" x 18" ERCP (430)115.00 LF $ 147.00 $ 16,905.00 $ 215.00 $ 24,725.00
32 19" x 30" ERCP (430)89.00 LF $ 230.00 $ 20,470.00 $ 300.00 $ 26,700.00
33 12" PVC C-900 (430)52.00 LF $ 157.00 $ 8,164.00 $ 125.00 $ 6,500.00
34 Underdrain System (440)4,235.00 LF $ 72.00 $ 304,920.00 $ 60.00 $ 254,100.00
35 Signs (700)4.00 EA $ 1,000.00 $ 4,000.00 $ 300.00 $ 1,200.00
36 Thermoplastic, Standard, White Solid, 12" (711)200.00 LF $ 13.00 $ 2,600.00 $ 10.00 $ 2,000.00
37 Thermoplastic, Standard, White Solid, 24" (711)40.00 LF $ 20.00 $ 800.00 $ 15.00 $ 600.00
38 Sanitary Sewer Pipe, 8-Inch C900 PVC (730)44.00 LF $ 150.00 $ 6,600.00 $ 315.00 $ 13,860.00
39 Sanitary Sewer 4-Foot Manhole 1.00 EA $ 16,500.00 $ 16,500.00 $ 12,600.00 $ 12,600.00
40 Adjustment of Existing Structures & Service Lines, Misc. (800 15.00 EA $ 2,000.00 $ 30,000.00 $ 1,500.00 $ 22,500.00
TOTAL CITY OF LARGO BASE BID $ $ 4,699,684.00 $ $ 4,092,737.50
005-0700 Survey Construction Layout and As Builts (WM) 1.00 LS $ 18,300.00 $ 18,300.00 $ 14,250.00 $ 14,250.00
PW-330521-202-06FP18 6" Directional Drill Fusible PVC Pipe, C-900 DR 18 3,380.00 LF $ 172.00 $ 581,360.00 $ 108.00 $ 365,040.00
PW-330521-202-06P18RJC
6” Directional Drill PVC Restrained Joint Pipe and Couplings
C-900 DR 18 225.00 LF $ 125.00 $ 28,125.00 $ 125.00 $ 28,125.00
PW-331101-105-90204 Disconnect & Plug 2" or 4" Pipe 9.00 EA $ 650.00 $ 5,850.00 $ 500.00 $ 4,500.00
PW-331101-105-90608 Disconnect & Plug 6" or 8" Pipe 6.00 EA $ 870.00 $ 5,220.00 $ 750.00 $ 4,500.00
PW-331101-304-06P18 6" PVC Pipe, C-900 DR 18 1,430.00 LF $ 65.00 $ 92,950.00 $ 67.00 $ 95,810.00
PW-331101-304-06P18RJF 6” PVC Restrained Joint Pipe and Fittings, C-900 DR 18 95.00 LF $ 120.00 $ 11,400.00 $ 265.00 $ 25,175.00
PW-331101-304-9006D 6” DIP Pipe (CL 350) Offset < 50’ 1.00 EA $ 10,400.00 $ 10,400.00 $ 8,100.00 $ 8,100.00
PW-331101-305-90204 Remove Out of Service Pipe 2" to 4" 1,445.00 LF $ 22.00 $ 31,790.00 $ 15.00 $ 21,675.00
PW-331101-305-90608 Remove Out of Service Pipe 6" to 8" 105.00 LF $ 30.00 $ 3,150.00 $ 25.00 $ 2,625.00
PW-331101-308-06SC 6" Sleeved Connection 7.00 EA $ 2,800.00 $ 19,600.00 $ 1,500.00 $ 10,500.00
PW-331101-308-968RD Reverse Deadman for 6" Pipe 6.00 EA $ 1,400.00 $ 8,400.00 $ 3,250.00 $ 19,500.00
PW-331101-309-06RW515 6" RWGV & Box C 515 7.00 EA $ 4,500.00 $ 31,500.00 $ 4,425.00 $ 30,975.00
PW-331101-310-0002 Fire Hydrant Assembly 8.00 EA $ 8,600.00 $ 68,800.00 $ 10,100.00 $ 80,800.00
PW-331101-312-0606TV 6" x 6" Tapping Sleeve Valve & Box 5.00 EA $ 6,400.00 $ 32,000.00 $ 8,000.00 $ 40,000.00
PW-331101-314-02SS 2" Service Connection (Short Side) 2.00 EA $ 2,200.00 $ 4,400.00 $ 3,750.00 $ 7,500.00
PW-331101-314-01LS 1" Service Connection (Long Side) 94.00 EA $ 2,000.00 $ 188,000.00 $ 3,600.00 $ 338,400.00
PW-331101-314-01SS 1" Service Connection (Short Side) 95.00 EA $ 1,100.00 $ 104,500.00 $ 2,375.00 $ 225,625.00
353-0100 Driveway Restoration (In Kind) 64.00 SY $ 260.00 $ 16,640.00 $ 225.00 $ 14,400.00
PW-999-0000 Pinellas County Unspecified Work (Allowance) 1.00 LS $ 250,000.00 $ 250,000.00 $ 250,000.00 $ 250,000.00
TOTAL PINELLAS COUNTY BASE BID $ $ 1,512,385.00 $ $ 1,587,500.00
TOTAL PROJECT BASE BID $ $ 6,212,069.00 $ $ 5,680,237.50
CITY OF LARGO ENGINEERING DEPARTMENT
ESQUIRE MANOR/ WHISPERING PINES MANOR/LAKE BREEZE ESTATES ROADWAY AND DRAINAGE IMPROVEMENTS (TRO3)
BID FORM
Nelson
Item No. Pay Item Description (City of Largo Base Bid) Quantity Unit
Unit Price
($)
Total Price
($)
Item No. Pay Item Description (Pinellas County Base Bid) Quantity Unit
Unit Price
($)
Total Price
($)
Unit Price
($)
Total Price
($)
Unit Price
($)
Total Price
($)
Page 1 of 1
To:City of Clearwater Project:
2021 Stormwater
Repairs Application:1
Engineering - Sarah KesslerBrad Hamilton ___ OWNER
Contract No:20-0029-EN Period to:___ ARCHITECT
Contract Date:10/22/2020 ___ CONTRACTOR
PO:21000035 ___ ENGINEER
From: David Nelson Construction
3489 Atlernate 19
Palm Harbor, FL 34683
CHANGE ORDER SUMMARY Application is made for payment, as shown below, in connection with the Contract.
Change Orders approved in ADDITIONS DELETIONS Continuation Sheet is attached.
previous months by Owner
TOTAL -$ -$ 1 Original Contract Sum 1,500,000.00$
Approved this month 2 Net Change by Change Orders -$
3 Contract Sum to Date (Line 1 + 2)1,500,000.00$
Change Order 1 - City Council 4 Total Completed -$
Admin Change Order 2 Final - City Manager
5 Retainage -$
TOTALS -$ -$ (5% of completed work)
Net Change by Change Orders -$ 6 Total Earned Less Retainage -$
(Line 4 less Line 5 Total)
The undersigned Contractor certifies that to the best of the 7 Less Previous Certificates for Payment
Contractor's knowledge, information and belief, the work covered (Line 6 from prior certificate)
by this Application for Payment has been completed in accordance 8 Current Payment Due (Line 6 less line 7)-$
with the Contract Documents, that all amounts have been paid by 9 Balance to Finish, Plus Retainage 1,500,000.00$
the Contractor for work for which previous Certificates for (Line 3 less line 6)
Payment were issued and payments received from the Owner, and
that current payment shown herein is now due.
Signature:Print Name:Date:
OWNERS CERTIFICATE FOR PAYMENT AMOUNT CERTIFIED:
(Attach explanation if amount certified differs from that applied for)
Brad Hamilton, Project Manager
By: ___________________________________Date:_________________
CONTRACTOR:
-$
This Certificate is not negotiable. The AMOUNT CERTIFIED is payable only to the
Contractor named herein. Issuance, payment and acceptance of payment are without
prejudice to any rights of the Owner or Contractor under this Contract.
Number Date Approved
APPLICATION AND CERTIFICATE FOR PAYMENT
100 S. Myrtle Ave., Suite 220
Distribution to:
Clearwater, Florida 33756
In accordance with the Contract Documents, based on onside observations and the data
comprising the above application, the Architect/Engineer certifies to the Owner that to the
best of his/her knowledge, information and belief, the Work has progressed as indicated,
that the quality of work is in accordance with said Contract Documents, and
the Contractor is entitled to payment of the
Page 1
2021 Stormwater Repairs (20-0029-EN)Draw Date
Item #Description UNIT EST
QTY
Unit
Price
Previous
Amount Earned
Qty
this Draw
Amount
this Draw
Qty
to Date
Amount Earned
to Date
1.0 MOBILIZATION AND SITE
PREPARATION
1.1 MOBILIZATION EA 10 16,900.00$ -$ -$ -$
1.2 MAINTENANCE OF TRAFFIC EA 10 4,700.00$
-$ -$ -$
1.3 EROSION AND SEDIMENT
CONTROL EA 10 2,100.00$
-$ -$ -$
2.0 EARTHWORK
2.1 UNSUITABLE MATERIAL CY 700 38.00$ -$ -$ -$
2.2 SWALE GRADING LF 200 30.00$ -$ -$ -$
2.3 PLUGGING & ABANDON IN-
PLACE AND GROUT PIPE CY 100 310.00$
-$ -$ -$
2.4 EROSION PROTECTION- RIP
RAP TN 100 120.00$
-$ -$ -$
2.5 GABION BASKETS CY 200 420.00$ -$ -$ -$
2.6 IMPORT FILL CY 100 23.00$ -$ -$ -$
3.0 DRAINAGE
PIPE DEPTH ≤ 6’
3.1 15" REINFORCED CONCRETE
PIPE (RCP)LF 400 51.00$
-$ -$ -$
3.2 18" REINFORCED CONCRETE
PIPE (RCP)LF 100 61.00$
-$ -$ -$
3.3 24" REINFORCED CONCRETE
PIPE (RCP)LF 100 74.00$
-$ -$ -$
3.4 30" REINFORCED CONCRETE
PIPE (RCP)LF 100 92.00$
-$ -$ -$
3.5 36" REINFORCED CONCRETE
PIPE (RCP)LF 100 97.00$
-$ -$ -$
3.6 42" REINFORCED CONCRETE
PIPE (RCP)LF 100 115.00$
-$ -$ -$
3.7 48" REINFORCED CONCRETE
PIPE (RCP)LF 100 125.00$
-$ -$ -$
Printed : 12/9/2024 Page 2 of 6
2021 Stormwater Repairs (20-0029-EN)Draw Date
Item #Description UNIT EST
QTY
Unit
Price
Previous
Amount Earned
Qty
this Draw
Amount
this Draw
Qty
to Date
Amount Earned
to Date
3.8 CITY STANDARD CURB
INLET (S.D. A-9)EA 2 5,500.00$
-$ -$ -$
3.9 FDOT TYPE J-7T M.H. (5X5)EA 2 3,600.00$ -$ -$ -$
3.10 FDOT TYPE J-7T M.H. (6X6)EA 2 4,400.00$ -$ -$ -$
3.11 FDOT TYPE J-7T M.H. (6X7)EA 2 5,500.00$ -$ -$ -$
3.12 FDOT TYPE "F" D.B.I.EA 2 3,200.00$ -$ -$ -$
3.13 FDOT TYPE "C" D.B.I.EA 2 2,800.00$ -$ -$ -$
PIPE DEPTH > 6’ ≤ 10’
3.14 15" REINFORCED CONCRETE
PIPE (RCP)LF 100 58.00$ -$ -$ -$
3.15 18" REINFORCED CONCRETE
PIPE (RCP)LF 100 65.00$ -$ -$ -$
3.16 24" REINFORCED CONCRETE
PIPE (RCP)LF 100 80.00$ -$ -$ -$
3.17 30" REINFORCED CONCRETE
PIPE (RCP)LF 75 106.00$ -$ -$ -$
3.18 36" REINFORCED CONCRETE
PIPE (RCP)LF 75 130.00$ -$ -$ -$
3.19 42" REINFORCED CONCRETE
PIPE (RCP)LF 75 140.00$ -$ -$ -$
3.20 48" REINFORCED CONCRETE
PIPE (RCP)LF 75 160.00$ -$ -$ -$
3.21 CITY STANDARD CURB
INLET (S.D. A-9)EA 2 6,000.00$ -$ -$ -$
3.22 FDOT TYPE J-7T M.H. (5X5)EA 2 5,500.00$ -$ -$ -$
3.23 FDOT TYPE J-7T M.H. (6X6)EA 2 6,400.00$ -$ -$ -$
3.24 FDOT TYPE J-7T M.H. (6X7)EA 2 7,500.00$ -$ -$ -$
3.25 FDOT TYPE "F" D.B.I.EA 2 4,200.00$ -$ -$ -$
3.26 FDOT TYPE "C" D.B.I.EA 2 3,400.00$ -$ -$ -$
3.27 UNDERDRAIN REMOVAL
AND REPLACEMENT (6" AND
8")
LF 300 45.00$ -$ -$ -$
4.0 PAVING AND MARKINGPrinted : 12/9/2024 Page 3 of 6
2021 Stormwater Repairs (20-0029-EN)Draw Date
Item #Description UNIT EST
QTY
Unit
Price
Previous
Amount Earned
Qty
this Draw
Amount
this Draw
Qty
to Date
Amount Earned
to Date
4.1 8" ROADWAY BASE (LBR 100)SY 3500 19.00$ -$ -$ -$
4.2 12" STABILIZED SUBGRADE
(LBR 40)SY 3000 $ 12.50
-$ -$
4.3 STRAIGHT CURB LF 200 24.00$ -$ -$ -$
4.4 HEADER CURB LF 200 28.00$ -$ -$ -$
4.5 CITY MODIFIED CURB LF 1000 28.00$ -$ -$ -$
4.6 CITY TYPE I CURB LF 1000 28.00$ -$ -$ -$
4.7 VALLEY GUTTER CURB LF 1000 28.00$ -$ -$ -$
4.8 R&R 4" CONCRETE
SIDEWALK SF 1500 8.00$ -$ -$ -$
4.9 R&R CONCRETE DRIVEWAY
RESTORATION
SF 2500 12.00$ -$ -$ -$
4.10 PEDESTRIAN RAMPS W/ EA 5 2,100.00$ -$ -$ -$
MILLING / PAVING
4.11 MILLING (UP TO 2")SY 4500 12.00$ -$ -$ -$
4.12 MILLING (2" - 4")SY 2500 $ 16.00 -$ -$
4.13 SUPERPAVE ASPHALT
CONCRETE, TYPE SP 12.5
TN 100 190.00$ -$ -$ -$
4.14 SUPERPAVE ASPHALT
CONCRETE, TYPE SP 9.5
TN 400 250.00$ -$ -$ -$
5.0 LANDSCAPING AND
RESTORATION
5.1 TREE REMOVAL (0” – 12”
DIAMETER)EA 20 800.00$ -$ -$ -$
5.2 TREE REMOVAL (13” – 24”
DIAMETER)EA 15 $ 2,000.00 -$ -$
5.3 TREE REMOVAL (25” – 48”
DIAMETER)EA 4 3,300.00$ -$ -$ -$
5.4 TREE REMOVAL (GREATER
than 42” DIA.)EA 1 4,500.00$ -$ -$ -$
Printed : 12/9/2024 Page 4 of 6
2021 Stormwater Repairs (20-0029-EN)Draw Date
Item #Description UNIT EST
QTY
Unit
Price
Previous
Amount Earned
Qty
this Draw
Amount
this Draw
Qty
to Date
Amount Earned
to Date
5.5 TREE BARRICADE LF 1000 6.00$ -$ -$ -$
5.6 SOD RESTORATION (IN
KIND)SF 40000 0.80$ -$ -$ -$
5.7 ROOT PRUNING LF 1000 8.00$ -$ -$ -$
Subtotal -$ -$ -$
6.0 Stormwater Contingency LS 1 75,000.00$ -$ -$ -$
7.0 Sanitary Conflict Contigency LS 1 20,000.00$ -$ -$ -$
8.0 Watermain Conflict Contigency LS 1 20,000.00$ -$ -$ -$
Total Contract -$ -$ -$
Printed : 12/9/2024 Page 5 of 6
2021 Stormwater Repairs (20-0029-EN)Draw Date
Item #Description UNIT EST
QTY
Unit
Price
Previous
Amount Earned
Qty
this Draw
Amount
this Draw
Qty
to Date
Amount Earned
to Date
6.00 Stormwater Contingency
Items
75,000.00$
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
Total Stormwater
Contingency
-$ -$ -$
7.00 Sanitary Conflict
Contingency
$ 20,000.00
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
Total Sanitary Contingency -$ -$ -$
8.00 Watermain Conflict
Contingency
$ 20,000.00
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
Total Watermain
Contingency
-$ -$ -$
Total Contract- Guaranteed
Maximum Price
$ - $ -
Earned -$
Retainage -$
Current Payment Due -$
Printed : 12/9/2024 Page 6 of 6
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ANX2024-10008
Agenda Date: 12/16/2024 Status: Agenda ReadyVersion: 1
File Type: Planning CaseIn Control: Planning & Development
Agenda Number: 6.1
SUBJECT/RECOMMENDATION:
Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial
Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1755 St. Anthony Drive
and pass Ordinances 9802-25, 9803-25, and 9804-25 on first reading. (ANX2024-10008)
SUMMARY:
This voluntary annexation petition involves a 0.150-acre property consisting of one parcel of land
occupied by a detached dwelling. The property is located on the east side of St. Anthony Drive,
approximately 340 feet south of St. Croix Drive. The applicant is requesting annexation in order to
receive sanitary sewer and solid waste service from the city. The property is located within an enclave
and is contiguous to existing city boundaries on all sides. It is proposed that the property be assigned a
Future Land Use Map designation of Residential Urban (RU) and a Zoning Atlas designation of Low
Medium Density Residential (LMDR).
The Planning and Development Department determined that the proposed annexation is consistent with
the provisions of Community Development Code Section 4-604.E as follows:
·The property currently receives water service from Pinellas County. The closest sanitary sewer line
is located behind the subject property to the east in a utility easement. The applicant has paid the city's
sewer impact and assessment fees and is aware of the additional costs to extend city sewer service to
this property. Collection of solid waste will be provided by the city of Clearwater. The property is located
within Police District III and service will be administered through the district headquarters located at 2851
McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station
#48 located at 1700 North Belcher Road. The city has adequate capacity to serve this property with
sanitary sewer, solid waste, police, fire and EMS service. The property will continue to receive water
service from Pinellas County. The proposed annexation will not have an adverse effect on public
services and their levels of service; and
·The proposed annexation is consistent with and promotes the following objective and policy of
Clearwater 2045, the city’s Comprehensive Plan:
Objective PI 9.1 Continue to work with Pinellas County in the orderly annexation of the city’s existing
enclaves.
Policy PI 9.1.2 Continue to process voluntary annexations for single-family residential properties upon
request.
·The proposed Residential Urban (RU) Future Land Use Map category is consistent with the current
Countywide Plan designation of the property. This designation primarily permits residential uses at a
density of 7.5 units per acre. The proposed zoning district to be assigned to the property is the Low
Medium Density Residential (LMDR) District. The use of the subject property is consistent with the uses
allowed in the district and the property exceeds the district’s minimum dimensional requirements. The
proposed annexation is therefore consistent with the Countywide Plan and the city’s Comprehensive
Plan and Community Development Code; and
Page 1 City of Clearwater Printed on 12/11/2024
File Number: ANX2024-10008
·The property proposed for annexation is contiguous to existing city boundaries on all sides;
therefore, the annexation is consistent with Florida Statutes Chapter 171.044.
APPROPRIATION CODE AND AMOUNT: N/A
USE OF RESERVE FUNDS: N/A
STRATEGIC PRIORITY:
This annexation petition supports the Deliver Effective and Efficient Services by Optimizing City Assets
and Resources goal of the city’s Strategic Plan by reducing enclaves and delivering city services to
properties within the city’s service boundary. This petition also supports Ensure Exceptional
Communities and Neighborhoods Where Everyone Can Thrive goal by better unifying neighborhoods
and reducing issues with multiple jurisdictions.
Page 2 City of Clearwater Printed on 12/11/2024
Ordinance No. 9802-25
ORDINANCE NO. 9802-25 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY
LOCATED ON THE EAST SIDE OF ST. ANTHONY DRIVE
APPROXIMATELY 340 FEET SOUTH OF ST. CROIX DRIVE, WHOSE POST OFFICE ADDRESS IS 1755 ST. ANTHONY DRIVE, CLEARWATER, FLORIDA, 33759, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE
BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the 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 5, Block C, Virginia Groves Terrance Fifth Addition, according to the map or plat
therefore as recorded as Plat Book 51, Page(s) 43 and 44, of the Public Records of Pinellas County, Florida. (ANX2024-10008)
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. 9802-25
PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED
Bruce Rector Mayor
Approved as to form:
Matthew J. Mytych, Esq. Senior Assistant City Attorney
Attest:
Rosemarie Call, MPA, MMC City Clerk
PROPOSED ANNEXATION
Owner(s): Jonathan Fitts and Contessa Boecker Case: ANX2024-10008
Site: 1755 St Anthony Drive
Property
Size(Acres):
ROW (Acres):
0.150
Land Use Zoning PIN: 05-29-16-94410-003-0050
From: Residential Urban
(RU) R-3, Single Family
Residential
Atlas Page: 264B To: Residential Urban
(RU)
Low Medium
Density Residential
(LMDR)
Ordinance No. 9803-25
ORDINANCE NO. 9803-25 AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT
OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF ST. ANTHONY DRIVE APPROXIMATELY 340 FEET SOUTH OF
ST. CROIX DRIVE, WHOSE POST OFFICE ADDRESS IS
1755 ST. ANTHONY DRIVE, CLEARWATER, FLORIDA 33759, 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 5, Block C, Virginia Groves Terrance Fifth Addition, according to the map or plat therefore as recorded as Plat Book 51, Page(s) 43 and 44, of the Public Records of
Pinellas County, Florida.
Residential Urban (RU)
(ANX2024-10008) 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. 9802-25.
Ordinance No. 9803-25
PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED
Bruce Rector Mayor
Approved as to form:
Matthew J. Mytych, Esq. Senior Assistant City Attorney
Attest:
Rosemarie Call, MPA, MMC City Clerk
PROPOSED FUTURE LAND USE MAP
Owner(s): Jonathan Fitts and Contessa Boecker Case: ANX2024-10008
Site: 1755 St Anthony Drive
Property
Size(Acres):
ROW (Acres):
0.150
Land Use Zoning PIN: 05-29-16-94410-003-0050
From: Residential Urban
(RU) R-3, Single Family
Residential
Atlas Page: 264B To: Residential Urban
(RU)
Low Medium
Density Residential
(LMDR)
Ordinance No. 9804-25
ORDINANCE NO. 9804-25 AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF ST. ANTHONY DRIVE APPROXIMATELY 340 FEET SOUTH OF ST. CROIX DRIVE,
WHOSE POST OFFICE ADDRESS IS 1755 ST. ANTHONY
DRIVE, CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE.
WHEREAS, the assignment of a zoning classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the Zoning
Atlas of the City is amended, as follows:
The map attached as Exhibit “A” is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the Zoning Atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9802-25.
Property Zoning District Lot 5, Block C, Virginia Groves Terrance Fifth Addition, according to the map or plat
therefore as recorded as Plat Book 51,
Page(s) 43 and 44, of the Public Records of Pinellas County, Florida.
Low Medium Density Residential (LMDR)
(ANX2024-10008)
Ordinance No. 9804-25
PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED
Bruce Rector Mayor
Approved as to form:
Matthew J. Mytych, Esq. Senior Assistant City Attorney
Attest:
Rosemarie Call, MPA, MMC City Clerk
PROPOSED ZONING MAP
Owner(s): Jonathan Fitts and Contessa Boecker Case: ANX2024-10008
Site: 1755 St Anthony Drive
Property
Size(Acres):
ROW (Acres):
0.150
Land Use Zoning PIN: 05-29-16-94410-003-0050
From: Residential Urban
(RU) R-3, Single Family
Residential
Atlas Page: 264B To: Residential Urban
(RU)
Low Medium
Density Residential
(LMDR)
LOCATION MAP
Owner(s): Jonathan Fitts and Contessa Boecker Case: ANX2024-10008
Site: 1755 St Anthony Drive
Property
Size(Acres):
ROW (Acres):
0.150
Land Use Zoning PIN: 05-29-16-94410-003-0050
From: Residential Urban
(RU) R-3, Single Family
Residential
Atlas Page: 264B To: Residential Urban
(RU)
Low Medium
Density Residential
(LMDR)
AERIAL PHOTOGRAPH
Owner(s): Jonathan Fitts and Contessa Boecker Case: ANX2024-10008
Site: 1755 St Anthony Drive
Property
Size(Acres):
ROW (Acres):
0.150
Land Use Zoning PIN: 05-29-16-94410-003-0050
From: Residential Urban
(RU) R-3, Single Family
Residential
Atlas Page: 264B To: Residential Urban
(RU)
Low Medium
Density Residential
(LMDR)
EXISTING SURROUNDING USES MAP
Owner(s): Jonathan Fitts and Contessa Boecker Case: ANX2024-10008
Site: 1755 St. Anthony Drive
Property
Size(Acres):
ROW (Acres):
0.150
Land Use Zoning PIN: 05-29-16-94410-003-0050
From: Residential Urban
(RU) R-3, Single Family
Residential
Atlas Page: 264B To: Residential Urban
(RU)
Low Medium
Density Residential
(LMDR) Detached Dwellings Detached Dwellings
Detached Dwellings
Detached Dwellings Detached Dwellings
ANX2024-10008
Jonathan Fitts and Contessa Boecker
1755 St. Anthony Drive
View looking east at the subject property 1755 St. Anthony Drive
Across the street, to the west of the subject property
North of the subject property
South of the subject property
View looking northerly along St. Anthony Drive View looking southerly along St. Anthony Drive
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: TA2024-07002a
Agenda Date: 12/16/2024 Status: Agenda ReadyVersion: 1
File Type: Planning CaseIn Control: Planning & Development
Agenda Number: 6.2
SUBJECT/RECOMMENDATION:
Continue to a date uncertain: Approve amendment to the Community Development Code to
establish standards for artificial turf, require landscaped areas in front yards for residentially
zoned properties, clarify the use of nonliving landscape materials, and make other associated
updates, and pass Ordinance 9805-25 on first reading. (TA2024-07002)
SUMMARY:
The Community Development Board met on November 19, 2024, and voted to continue
TA2024-07002 to their January 21, 2025 meeting with a workshop to discuss the ordinance at
the December 17, 2024 meeting.
Page 1 City of Clearwater Printed on 12/11/2024
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#24-1501
Agenda Date: 12/16/2024 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Public Utilities
Agenda Number: 7.1
SUBJECT/RECOMMENDATION:
Approve agreements with Black and Veatch (B and V) of Tampa, FL, CHA Consulting, Inc. (CHA) of
Tampa, FL, and Freese and Nichols of Tampa, FL, for Project Management Services in a cumulative
not-to-exceed amount of $5,022,732.00 for a three-year term, with one, three-year renewal option in a
cumulative not-to-exceed amount of$5,022,732.00, for a total not-to-exceed of $10,045,464.00, pursuant
to RFP 22-24, and authorize the appropriate officials to execute the same. (consent)
SUMMARY:
On April 12, 2024, RFP 22-24 for Project Management Services was issued to identify qualified firms
capable of supporting the City’s project management needs. The City received responses from eight
qualified firms. A selection committee comprised of Public Utilities and Public Works staff thoroughly
evaluated the submissions based on the RFP criteria and responsiveness. Following the review, the
committee recommended awarding agreements to B&V, CHA, and Freese & Nichols. These firms were
chosen for their highly skilled professional personnel, ability to deliver quality results on time, and
familiarity with Clearwater’s facilities and operational needs.
The City’s Public Utilities oversee numerous Capital Improvement Plan (CIP) projects. Due to the
volume of projects and limited staffing resources, additional project management support is essential.
Public Utilities anticipates approximately $2 billion in projects over the next decade, which exceeds its
current capacity to manage. This agreement provides the additional project management resources
needed to support these critical initiatives.
The requested funding will be (anticipated 3-year cost) $5,022,732.00 funded by the Public Utilities
enterprise fund.
The project term is for three years, with one, three-year renewal option.
APPROPRIATION CODE AND AMOUNT:
Sufficient funds are available for the current year’s portion of the contract in Public Utilities operating
code 4211345-530100, professional services.. The operations of the Public Utilities Department are
funded by Water and Sewer Utility Enterprise Fund revenues.
STRATEGIC PRIORITY:
In furtherance of the Council’s Strategic Plan to achieve High Performing Government by maintaining
public infrastructure through systematic management efforts, approval of the cumulative funding to Black
& Veatch, CHA and Freese & Nichols is requested
.
Page 1 City of Clearwater Printed on 12/11/2024
1
TERM CONTRACT FOR PROJECT MANAGEMENT SERVICES
This Agreement made and entered into on this Day of 2024, by the
City of Clearwater and CHA Consulting, Inc., the (“Firm”) whose principal place of business
is located at 3 Winners Circle, Albany, New York 12205.
The City of Clearwater desires to retain the services of a qualified firm to assist with the
management of construction projects for the City’s Public Works and Public Utilities Departments
on an as-needed basis.
The Firm will not be providing “Professional Services” as defined by § 287.055, and
therefore, this Contract is not entered into pursuant to those provisions of law.
I. Contract Term.
The Contract Term shall be for three years commencing on November ____, 2024, or the date of
the last signature on this Contract, whichever occurs later.
II. Renewal and Termination.
Upon mutual written agreement, the Parties may renew this Contract, in whole or in part, for a
Renewal Term of an additional three years. The City may terminate this Contract at any time and
for any reason with thirty day’s written notice. The Firm may terminate this Contract with ninety
day’s written notice, and must provide all relevant project information as described below along
with the Notice to ensure that the City can maintain project schedules and critical timelines.
III. Contract.
As used in this document, “Contract” shall, unless the context requires otherwise, include this
document and all associated Bid Documents under RFP #22-24, which are incorporated into this
Contract by reference. These documents set forth the entire understanding of the Parties and
supersede all prior discussions, negotiations, or agreements. All modifications to this Contract
must be in writing and signed by the appropriate representative of each Party.
IV. Scope of Work
The City of Clearwater (City) is embarking on a number of utilities, engineering, and capital
improvements projects. The City has requested that the Firm perform project management
services in support of these various projects, working as an extension of City staff. This Contract
provides for Project Management (PM) services to be provided by the Firm on an as-needed basis
by the City.
The Firm will make project management professional(s) available and dedicated to support City
projects for an “hours per week” commitment as the City and Firm decide based upon the City’s
needs and budget. The types of services that the Firm may provide includes:
a. Undergo training on the City Project Management systems, policies and procedures;
b. Coordinate / correspond with multiple contractors, consultants, City staff, and other
stakeholders;
c. Review contracts, scopes of services, and fee proposals.
2
d. Review and comment on deliverables.
e. Review and comment on schedules.
f. Review and process invoices and payment applications.
g. Distribute deliverables and route other documents for review by City staff.
h. Compile comments and return City comments to contracted parties.
i. Process requests for information by contractors and consultants and coordinate the
provision of requested / available documentation.
j. Track schedule and budget of contractor and consultant contracts on behalf of the City.
k. Attend meetings, both internal to the City as well as with consultants and contractors.
l. When appropriate, lead meetings and distribute meeting minutes.
m. Perform site visits to observe City facilities, operations, and construction progress.
n. Monitor the consultant and to ensure project participants complete activities to support a
defined project plan, schedule, and budget.
o. Other tasks or duties as the City identifies.
In addition to the examples above, the Firm may perform general administrative duties associated
with the project, including project set-up, resource management, progress monitoring, scheduling,
general correspondence, office administration, and invoicing.
The Firm shall maintain accurate project documentation, filing, and project cost accounting
systems throughout the Project. The Firm will maintain continuous control over the quality of all
its work efforts. Monthly progress reports will be delivered with each invoice in a form that is
acceptable to the City.
V. Fees
The Firm shall invoice based on the Billing Rates that were provided as part of the Firm’s response
to the City’s RFP #22-24. If Billing Rates are not provided for certain personnel or new personnel
are not covered by the previously submitted Proposal, the Firm shall promptly update the Firm’s
Fee Schedule and provide it to the City. The Fee Schedule shall be binding throughout the term
of this Contract. Prices shall include all labor and expenses anticipated to be incurred by the Firm
that would be invoiced to the City. If it is anticipated that the Firm’s fees will exceed $100,000 in
a fiscal year, then a specific Work Order or Task Authorization shall be prepared and submitted
to the City Council for approval.
No permit costs shall be included as part of the Firm’s expenses. Travel Costs and other
Contingency Costs may only be approved at the discretion of the City, which must be requested
and approved in writing prior to incurring.
VI. Project and Staff Assignment
The Firm will provide project management support services as-needed and as the City’s budgets
allow. The Firm agrees to adjust the personnel assigned to the Project(s) as appropriate to provide
adequate service to the City. The City may adjust the support services required by the Firm in the
City’s sole discretion.
The City will assign specific projects to the Firm via a written Notice to Proceed, Work Order, or
Task Authorization that will include the name and location of the Project, and the assigned Point
of Contact or Internal Project Manager within the City. Upon acceptance of the project assignment,
the Firm will provide the City with a list of the Names, Titles, and Contact Information for each staff
assignment made for the Project. The City has the sole discretion to reject an assignment by the
3
Firm and to request a different personnel assignment be made. Key personnel assigned to projects
will not be removed from the project until an alternate personnel acceptable to the City is approved
in writing. The City maintains the sole discretion to remove the Firm from a project at any time or
to request a reduction in service from the Firm. The City shall pay for any approved work or
expenses already incurred at the time of removing the Firm from a project.
VII. Invoicing Procedures
Invoices shall be submitted by the Firm on a monthly basis for work performed to the following
address:
CITY OF CLEARWATER, PUBLIC UTILITIES DEPARTMENT
ATTENTION: PU ACCOUNTING
1650 N ARCTURAS AVE BLDG-C
CLEARWATER, FLORIDA 33765-1945
PUEngineering@myclearwater.com
CITY OF CLEARWATER, PUBLIC WORKS DEPARTMENT
ATTENTION: PWD ACCOUNTING
100 S. MYRTLE AVE. SUITE #220
CLEARWATER, FLORIDA 33758
Contingency services and Travel Expenses will be billed as incurred only after written
authorization provided by the City to proceed with those services.
At a minimum, in addition to the invoice amount(s) the following information shall be provided on
all invoices submitted under this Contract:
a. Purchase Order, Project and Invoice Numbers and overall Contract Amount.
b. The time-period (begin and end date) covered by the invoice.
c. A short narrative summary of activities completed in the time-period.
d. Contract billing method – Lump Sum or Hourly Rate.
e. If Lump Sum, the percent completion, amount due, previous amount earned and total
earned to date for all tasks (direct costs, if any, shall be included in lump sum amount).
f. If 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).
g. If the Work Order for the Project is funded by multiple funding codes, an itemization of
tasks and invoice amounts separated by funding code.
VIII. Additional Considerations:
In addition to the above considerations, the Firm also acknowledges the following:
a. The Firm is required to comply with Chapter 119, Florida Statutes, Public Records laws
where applicable.
b. All City directives shall be provided by the appropriate City personnel or City management
staff as identified on the Notice to Proceed, Work Order, or Task Authorization, which
assigned the project.
4
c. “Alternate equals” shall not be approved until the City agrees in writing.
d. All submittals must be accompanied by evidence that each has been internally checked
by the Firm for QA/QC before providing to City.
e. Neither the Firm nor its Consultants/Contractors/Employees/Agents are permitted to use
City-owned equipment (i.e. sampling equipment, etc.). The Firm agrees to provide all
equipment necessary to perform the services required by this Contract.
f. Any documents posted on the City’s website must ADA accessible.
g. All work orders, task authorizations, and services provided under this Contract should
include considerations for the following:
• Sea Level Rise and Flood Resilience, as applicable.
• Submittal of a Critical Path Method (CPM) Schedule(s).
• Submittal of a Project Catalog with the following items, as appropriate: 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.
For construction projects, the Firm will compile all design plans, conformed plans, change orders,
field orders, RFI’s, 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.
At the conclusion of an assigned project, the Firm will combine this information (and any other
relevant and applicable information) into a Project Catalog and submit to the City for review and
comment.
Unless otherwise required by law or judicial order, the Firm 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 Firm 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 Firm for “In House” use. Only data and reports generated by the
Firm under this Agreement shall be the property of the CITY.
The City also has the following 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.
The City maintains the discretion to change documentation requirements based on a project’s
needs and shall notify the Firm of any such change.
IX. Insurance and Indemnification
The Firm shall at all times throughout the duration of this Contract maintain all insurance types
and coverage amounts as required by the City’s Risk Management Department, which may be
amended from time to time according to the City’s policies and procedures.
5
The Firm will 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 Firm and other
persons employed or utilized by the Firm in the performance of the contract.
Acceptance of the Firm’s work by the City or Agreement termination does not constitute City
approval and will not relieve the Firm of the responsibility for subsequent corrections of any errors
and/or omissions and the clarification of any ambiguities. The Firm shall make all necessary
revisions or corrections resulting from errors and/or omissions on the part of the Firm without
additional compensation. If these errors and/or omissions are discovered during the construction
of the project, they shall be corrected without additional compensation.
X. Compliance with Laws and Regulations
The Firm will comply with all federal, state and local laws and ordinances applicable to the work
or payment for work, and will not discriminate on the grounds of race, color, religion, sex, national
origin, age or disability in the performance of work under this Contract.
The Firm warrants that it has not employed or retained any company or person, other than a bona
fide employee working solely for the Firm, to solicit or secure this Contract, and that it has not
paid or agreed to pay any person, company, corporation, individual, or firm any fee, commission,
percentage, gift or any other consideration, contingent upon or resulting from the award or making
of this Contract. It is understood and agreed that the term "fee" shall also include brokerage fee,
however denoted. For the breach or violation of this Paragraph, the City shall have the right to
terminate this Contract without liability, and, at its discretion, to deduct from the contract price, or
otherwise recover, the full amount of such fee, commission, percentage, gift or consideration.
a. 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, Firm is certifying that Florida Statute 287.132 and 287.133 does not restrict
submission.
b. The Firm will be required to comply with Section 287.135, Florida Statues, specifically by
executing the forms provided (attached).
c. All terms and conditions as set forth in RFP #22-24, Terms of Conditions are incorporated
by reference.
d. 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)
RFP #22-24, Terms and Conditions; and (iii) Work Orders or Task Authorizations.
e. The Laws of the State of Florida shall govern this Contract. This Contract may not be
assigned without the City’s prior written consent.
[Signature Page to Follow]
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CITY OF CLEARWATER, FLORIDA
Countersigned:
By:
Bruce Rector Jennifer Poirrier
Mayor City Manager
Date: Date:
Approved as to form: Attest:
Jerrod Simpson
Sr. Assistant City Attorney
Date:
Rosemarie Call
City Clerk
Date:
CHA Consulting, Inc.
Attest:
By:
Print Name: Emily Williamson Print Name: Weston Haggen
Project Manager Title: Senior Project Manager
Date: 11-15-2024
1 TERM CONTRACT FOR PROJECT MANAGEMENT SERVICES This Agreement made and entered into on this Day of 2024, by the City of Clearwater and Freese and Nichols, Inc., the (“Firm”) whose principal place of business is located at 1000 N. Ashley Drive, Suite 100; Tampa, FL 33602. The City of Clearwater desires to retain the services of a qualified firm to assist with the management of construction projects for the City’s Public Works and Public Utilities Departments on an as-needed basis. The Firm will not be providing “Professional Services” as defined by § 287.055, and therefore, this Contract is not entered into pursuant to those provisions of law. I. Contract Term. The Contract Term shall be for three years commencing on July , 2024, or the date of the last signature on this Contract, whichever occurs later. II. Renewal and Termination. Upon mutual written agreement, the Parties may renew this Contract, in whole or in part, for a Renewal Term of an additional three years. The City may terminate this Contract at any time and for any reason with thirty day’s written notice. The Firm may terminate this Contract with ninety day’s written notice, and must provide all relevant project information as described below along with the Notice to ensure that the City can maintain project schedules and critical timelines. III. Contract. As used in this document, “Contract” shall, unless the context requires otherwise, include this document and all associated Bid Documents under RFP #22-24, which are incorporated into this Contract by reference. These documents set forth the entire understanding of the Parties and supersede all prior discussions, negotiations, or agreements. All modifications to this Contract must be in writing and signed by the appropriate representative of each Party. IV. Scope of Work The City of Clearwater (City) is embarking on a number of utilities, engineering, and capital improvements projects. The City has requested that the Firm perform project management services in support of these various projects, working as an extension of City staff. This Contract provides for Project Management (PM) services to be provided by the Firm on an as-needed basis by the City. The Firm will make project management professional(s) available and dedicated to support City projects for an “hours per week” commitment as the City and Firm decide based upon the City’s needs and budget. The types of services that the Firm may provide includes: a. Undergo training on the City Project Management systems, policies and procedures; b. Coordinate / correspond with multiple contractors, consultants, City staff, and other stakeholders; c. Review contracts, scopes of services, and fee proposals.
2 d. Review and comment on deliverables. e. Review and comment on schedules. f. Review and process invoices and payment applications. g. Distribute deliverables and route other documents for review by City staff. h. Compile comments and return City comments to contracted parties. i. Process requests for information by contractors and consultants and coordinate the provision of requested / available documentation. j. Track schedule and budget of contractor and consultant contracts on behalf of the City. k. Attend meetings, both internal to the City as well as with consultants and contractors. l. When appropriate, lead meetings and distribute meeting minutes. m. Perform site visits to observe City facilities, operations, and construction progress. n. Monitor the consultant and to ensure project participants complete activities to support a defined project plan, schedule, and budget. o. Other tasks or duties as the City identifies. In addition to the examples above, the Firm may perform general administrative duties associated with the project, including project set-up, resource management, progress monitoring, scheduling, general correspondence, office administration, and invoicing. The Firm shall maintain accurate project documentation, filing, and project cost accounting systems throughout the Project. The Firm will maintain continuous control over the quality of all its work efforts. Monthly progress reports will be delivered with each invoice in a form that is acceptable to the City. V. Fees The Firm shall invoice based on the Billing Rates that were provided as part of the Firm’s response to the City’s RFP #22-24. If Billing Rates are not provided for certain personnel or new personnel are not covered by the previously submitted Proposal, the Firm shall promptly update the Firm’s Fee Schedule and provide it to the City. The Fee Schedule shall be binding throughout the term of this Contract. Prices shall include all labor and expenses anticipated to be incurred by the Firm that would be invoiced to the City. If it is anticipated that the Firm’s fees will exceed $100,000 in a fiscal year, then a specific Work Order or Task Authorization shall be prepared and submitted to the City Council for approval. No permit costs shall be included as part of the Firm’s expenses. Travel Costs and other Contingency Costs may only be approved at the discretion of the City, which must be requested and approved in writing prior to incurring. VI. Project and Staff Assignment The Firm will provide project management support services as-needed and as the City’s budgets allow. The Firm agrees to adjust the personnel assigned to the Project(s) as appropriate to provide adequate service to the City. The City may adjust the support services required by the Firm in the City’s sole discretion. The City will assign specific projects to the Firm via a written Notice to Proceed, Work Order, or Task Authorization that will include the name and location of the Project, and the assigned Point of Contact or Internal Project Manager within the City. Upon acceptance of the project assignment, the Firm will provide the City with a list of the Names, Titles, and Contact Information for each staff assignment made for the Project. The City has the sole discretion to reject an
3 assignment by the Firm and to request a different personnel assignment be made. Key personnel assigned to projects will not be removed from the project until an alternate personnel acceptable to the City is approved in writing. The City maintains the sole discretion to remove the Firm from a project at any time or to request a reduction in service from the Firm. The City shall pay for any approved work or expenses already incurred at the time of removing the Firm from a project. VII. Invoicing Procedures Invoices shall be submitted by the Firm on a monthly basis for work performed to the following address: CITY OF CLEARWATER, PUBLIC UTILITIES DEPARTMENT ATTENTION: PU ACCOUNTING 1650 N ARCTURAS AVE BLDG-C CLEARWATER, FLORIDA 33765-1945 PUEngineering@myclearwater.com CITY OF CLEARWATER, PUBLIC WORKS DEPARTMENT ATTENTION: PWD ACCOUNTING 100 S. MYRTLE AVE. SUITE #220 CLEARWATER, FLORIDA 33758 Contingency services and Travel Expenses will be billed as incurred only after written authorization provided by the City to proceed with those services. At a minimum, in addition to the invoice amount(s) the following information shall be provided on all invoices submitted under this Contract: a. Purchase Order, Project and Invoice Numbers and overall Contract Amount. b. The time-period (begin and end date) covered by the invoice. c. A short narrative summary of activities completed in the time-period. d. Contract billing method – Lump Sum or Hourly Rate. e. If Lump Sum, the percent completion, amount due, previous amount earned and total earned to date for all tasks (direct costs, if any, shall be included in lump sum amount). f. If 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). g. If the Work Order for the Project is funded by multiple funding codes, an itemization of tasks and invoice amounts separated by funding code. VIII. Additional Considerations: In addition to the above considerations, the Firm also acknowledges the following: a. The Firm is required to comply with Chapter 119, Florida Statutes, Public Records laws where applicable. b. All City directives shall be provided by the appropriate City personnel or City management staff as identified on the Notice to Proceed, Work Order, or Task Authorization, which assigned the project.
4 c. “Alternate equals” shall not be approved until the City agrees in writing. d. All submittals must be accompanied by evidence that each has been internally checked by the Firm for QA/QC before providing to City. e. Neither the Firm nor its Consultants/Contractors/Employees/Agents are permitted to use City-owned equipment (i.e. sampling equipment, etc.). The Firm agrees to provide all equipment necessary to perform the services required by this Contract. f. Any documents posted on the City’s website must ADA accessible. g. All work orders, task authorizations, and services provided under this Contract should include considerations for the following: • Sea Level Rise and Flood Resilience, as applicable. • Submittal of a Critical Path Method (CPM) Schedule(s). • Submittal of a Project Catalog with the following items, as appropriate: 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. For construction projects, the Firm will compile all design plans, conformed plans, change orders, field orders, RFI’s, 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. At the conclusion of an assigned project, the Firm will combine this information (and any other relevant and applicable information) into a Project Catalog and submit to the City for review and comment. Unless otherwise required by law or judicial order, the Firm 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 Firm 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 Firm for “In House” use. Only data and reports generated by the Firm under this Agreement shall be the property of the CITY. The City also has the following 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. The City maintains the discretion to change documentation requirements based on a project’s needs and shall notify the Firm of any such change. IX. Insurance and Indemnification The Firm shall at all times throughout the duration of this Contract maintain all insurance types and coverage amounts as required by the City’s Risk Management Department, which may be amended from time to time according to the City’s policies and procedures.
5 The Firm will 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 Firm and other persons employed or utilized by the Firm in the performance of the contract. Acceptance of the Firm’s work by the City or Agreement termination does not constitute City approval and will not relieve the Firm of the responsibility for subsequent corrections of any errors and/or omissions and the clarification of any ambiguities. The Firm shall make all necessary revisions or corrections resulting from errors and/or omissions on the part of the Firm without additional compensation. If these errors and/or omissions are discovered during the construction of the project, they shall be corrected without additional compensation. X. Compliance with Laws and Regulations The Firm will comply with all federal, state and local laws and ordinances applicable to the work or payment for work, and will not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the performance of work under this Contract. The Firm warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Firm, to solicit or secure this Contract, and that it has not paid or agreed to pay any person, company, corporation, individual, or firm any fee, commission, percentage, gift or any other consideration, contingent upon or resulting from the award or making of this Contract. It is understood and agreed that the term "fee" shall also include brokerage fee, however denoted. For the breach or violation of this Paragraph, the City shall have the right to terminate this Contract without liability, and, at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift or consideration. a. 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, Firm is certifying that Florida Statute 287.132 and 287.133 does not restrict submission. b. The Firm will be required to comply with Section 287.135, Florida Statues, specifically by executing the forms provided (attached). c. All terms and conditions as set forth in RFP #22-24, Terms of Conditions are incorporated by reference. d. 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) RFP #22-24, Terms and Conditions; and (iii) Work Orders or Task Authorizations. e. The Laws of the State of Florida shall govern this Contract. This Contract may not be assigned without the City’s prior written consent. [Signature Page to Follow]
6 CITY OF CLEARWATER, FLORIDA Countersigned: By: Bruce Rector Jennifer Poirrier Mayor City Manager Date: Date: Approved as to form: Attest: Jerrod Simpson Sr. Assistant City Attorney Date: Rosemarie Call City Clerk Date: FREESE AND NICHOLS, INC. Attest: By: Print Name: Print Name: Adam Payne Secretary Title: Vice President / Principal Date: 10/22/2024
1
TERM CONTRACT FOR PROJECT MANAGEMENT SERVICES
This Agreement made and entered into on this Day of 2024, by the City
of Clearwater and Black & Veatch Corporation , the (“Firm”) whose principal place of
business is located at 1715 N Westshore Blvd, Suite 725, Tampa, FL 33607 .
The City of Clearwater desires to retain the services of a qualified firm to assist with the
management of construction projects for the City’s Public Works and Public Utilities Departments
on an as-needed basis.
The Firm will not be providing “Professional Services” as defined by § 287.055, and
therefore, this Contract is not entered into pursuant to those provisions of law.
I. Contract Term.
The Contract Term shall be for three years commencing on July , 2024, or the date of the last
signature on this Contract, whichever occurs later.
II. Renewal and Termination.
Upon mutual written agreement, the Parties may renew this Contract, in whole or in part, for a
Renewal Term of an additional three years. The City may terminate this Contract at any time and
for any reason with thirty day’s written notice. The Firm may terminate this Contract with ninety
day’s written notice, and must provide all relevant project information as described below along
with the Notice to ensure that the City can maintain project schedules and critical timelines.
III. Contract.
As used in this document, “Contract” shall, unless the context requires otherwise, include this
document and all associated Bid Documents under RFP #22-24, which are incorporated into this
Contract by reference. These documents set forth the entire understanding of the Parties and
supersede all prior discussions, negotiations, or agreements. All modifications to this Contract
must be in writing and signed by the appropriate representative of each Party.
IV. Scope of Work
The City of Clearwater (City) is embarking on a number of utilities, engineering, and capital
improvements projects. The City has requested that the Firm perform project management
services in support of these various projects, working as an extension of City staff. This Contract
provides for Project Management (PM) services to be provided by the Firm on an as-needed basis
by the City.
The Firm will make project management professional(s) available and dedicated to support City
projects for an “hours per week” commitment as the City and Firm decide based upon the City’s
needs and budget. The types of services that the Firm may provide includes:
a. Undergo training on the City Project Management systems, policies and procedures;
b. Coordinate / correspond with multiple contractors, consultants, City staff, and other
stakeholders;
c. Review contracts, scopes of services, and fee proposals.
2
d. Review and comment on deliverables.
e. Review and comment on schedules.
f. Review and process invoices and payment applications.
g. Distribute deliverables and route other documents for review by City staff.
h. Compile comments and return City comments to contracted parties.
i. Process requests for information by contractors and consultants and coordinate the
provision of requested / available documentation.
j. Track schedule and budget of contractor and consultant contracts on behalf of the City.
k. Attend meetings, both internal to the City as well as with consultants and contractors.
l. When appropriate, lead meetings and distribute meeting minutes.
m. Perform site visits to observe City facilities, operations, and construction progress.
n. Monitor the consultant and to ensure project participants complete activities to support a
defined project plan, schedule, and budget.
o. Other tasks or duties as the City identifies.
In addition to the examples above, the Firm may perform general administrative duties associated
with the project, including project set-up, resource management, progress monitoring, scheduling,
general correspondence, office administration, and invoicing.
The Firm shall maintain accurate project documentation, filing, and project cost accounting
systems throughout the Project. The Firm will maintain continuous control over the quality of all
its work efforts. Monthly progress reports will be delivered with each invoice in a form that is
acceptable to the City.
V. Fees
The Firm shall invoice based on the Billing Rates that were provided as part of the Firm’s response
to the City’s RFP #22-24. If Billing Rates are not provided for certain personnel or new personnel
are not covered by the previously submitted Proposal, the Firm shall promptly update the Firm’s
Fee Schedule and provide it to the City. The Fee Schedule shall be binding throughout the term
of this Contract. Prices shall include all labor and expenses anticipated to be incurred by the Firm
that would be invoiced to the City. If it is anticipated that the Firm’s fees will exceed $100,000 in
a fiscal year, then a specific Work Order or Task Authorization shall be prepared and submitted
to the City Council for approval.
No permit costs shall be included as part of the Firm’s expenses. Travel Costs and other
Contingency Costs may only be approved at the discretion of the City, which must be requested
and approved in writing prior to incurring.
VI. Project and Staff Assignment
The Firm will provide project management support services as-needed and as the City’s budgets
allow. The Firm agrees to adjust the personnel assigned to the Project(s) as appropriate to
provide adequate service to the City. The City may adjust the support services required by the
Firm in the City’s sole discretion.
The City will assign specific projects to the Firm via a written Notice to Proceed, Work Order, or
Task Authorization that will include the name and location of the Project, and the assigned Point
of Contact or Internal Project Manager within the City. Upon acceptance of the project
assignment, the Firm will provide the City with a list of the Names, Titles, and Contact Information
for each staff assignment made for the Project. The City has the sole discretion to reject an
3
assignment by the Firm and to request a different personnel assignment be made. Key personnel
assigned to projects will not be removed from the project until an alternate personnel acceptable
to the City is approved in writing. The City maintains the sole discretion to remove the Firm from
a project at any time or to request a reduction in service from the Firm. The City shall pay for any
approved work or expenses already incurred at the time of removing the Firm from a project.
VII. Invoicing Procedures
Invoices shall be submitted by the Firm on a monthly basis for work performed to the following
address:
CITY OF CLEARWATER, PUBLIC UTILITIES DEPARTMENT
ATTENTION: PU ACCOUNTING
1650 N ARCTURAS AVE BLDG-C
CLEARWATER, FLORIDA 33765-1945
PUEngineering@myclearwater.com
CITY OF CLEARWATER, PUBLIC WORKS DEPARTMENT
ATTENTION: PWD ACCOUNTING
100 S. MYRTLE AVE. SUITE #220
CLEARWATER, FLORIDA 33758
Contingency services and Travel Expenses will be billed as incurred only after written
authorization provided by the City to proceed with those services.
At a minimum, in addition to the invoice amount(s) the following information shall be provided on
all invoices submitted under this Contract:
a. Purchase Order, Project and Invoice Numbers and overall Contract Amount.
b. The time-period (begin and end date) covered by the invoice.
c. A short narrative summary of activities completed in the time-period.
d. Contract billing method – Lump Sum or Hourly Rate.
e. If Lump Sum, the percent completion, amount due, previous amount earned and total
earned to date for all tasks (direct costs, if any, shall be included in lump sum amount).
f. If 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).
g. If the Work Order for the Project is funded by multiple funding codes, an itemization of
tasks and invoice amounts separated by funding code.
VIII. Additional Considerations:
In addition to the above considerations, the Firm also acknowledges the following:
a. The Firm is required to comply with Chapter 119, Florida Statutes, Public Records laws
where applicable.
b. All City directives shall be provided by the appropriate City personnel or City management
staff as identified on the Notice to Proceed, Work Order, or Task Authorization, which
assigned the project.
4
c. “Alternate equals” shall not be approved until the City agrees in writing.
d. All submittals must be accompanied by evidence that each has been internally checked
by the Firm for QA/QC before providing to City.
e. Neither the Firm nor its Consultants/Contractors/Employees/Agents are permitted to use
City-owned equipment (i.e. sampling equipment, etc.). The Firm agrees to provide all
equipment necessary to perform the services required by this Contract.
f. Any documents posted on the City’s website must ADA accessible.
g. All work orders, task authorizations, and services provided under this Contract should
include considerations for the following:
· Sea Level Rise and Flood Resilience, as applicable.
· Submittal of a Critical Path Method (CPM) Schedule(s).
· Submittal of a Project Catalog with the following items, as appropriate: 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.
For construction projects, the Firm will compile all design plans, conformed plans, change orders,
field orders, RFI’s, 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.
At the conclusion of an assigned project, the Firm will combine this information (and any other
relevant and applicable information) into a Project Catalog and submit to the City for review and
comment.
Unless otherwise required by law or judicial order, the Firm 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 Firm 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 Firm for “In House” use. Only data and reports generated by the
Firm under this Agreement shall be the property of the CITY.
The City also has the following 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.
The City maintains the discretion to change documentation requirements based on a project’s
needs and shall notify the Firm of any such change.
IX. Insurance and Indemnification
The Firm shall at all times throughout the duration of this Contract maintain all insurance types
and coverage amounts as required by the City’s Risk Management Department, which may be
amended from time to time according to the City’s policies and procedures.
5
The Firm will 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 Firm and other
persons employed or utilized by the Firm in the performance of the contract.
Acceptance of the Firm’s work by the City or Agreement termination does not constitute City
approval and will not relieve the Firm of the responsibility for subsequent corrections of any errors
and/or omissions and the clarification of any ambiguities. The Firm shall make all necessary
revisions or corrections resulting from errors and/or omissions on the part of the Firm without
additional compensation. If these errors and/or omissions are discovered during the construction
of the project, they shall be corrected without additional compensation.
X. Compliance with Laws and Regulations
The Firm will comply with all federal, state and local laws and ordinances applicable to the work
or payment for work, and will not discriminate on the grounds of race, color, religion, sex, national
origin, age or disability in the performance of work under this Contract.
The Firm warrants that it has not employed or retained any company or person, other than a bona
fide employee working solely for the Firm, to solicit or secure this Contract, and that it has not
paid or agreed to pay any person, company, corporation, individual, or firm any fee, commission,
percentage, gift or any other consideration, contingent upon or resulting from the award or making
of this Contract. It is understood and agreed that the term "fee" shall also include brokerage fee,
however denoted. For the breach or violation of this Paragraph, the City shall have the right to
terminate this Contract without liability, and, at its discretion, to deduct from the contract price, or
otherwise recover, the full amount of such fee, commission, percentage, gift or consideration.
a. 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, Firm is certifying that Florida Statute 287.132 and 287.133 does not restrict
submission.
b. The Firm will be required to comply with Section 287.135, Florida Statues, specifically
by executing the forms provided (attached).
c. All terms and conditions as set forth in RFP #22-24, Terms of Conditions are
incorporated by reference.
d. 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)
RFP #22-24, Terms and Conditions; and (iii) Work Orders or Task Authorizations.
e. The Laws of the State of Florida shall govern this Contract. This Contract may not be
assigned without the City’s prior written consent.
[Signature Page to Follow]
6
CITY OF CLEARWATER, FLORIDA
Countersigned:
By:
Bruce Rector Jennifer Poirrier
Mayor City Manager
Date: Date:
Approved as to form: Attest:
Jerrod Simpson Rosemarie Call
Sr. Assistant City Attorney City Clerk
Date: Date:
Black & Veatch Corporation
Attest:
By:
Print Name: Print Name:
Title: Title:
Date:
Rafael E. Frias III, PE
Vice President
11/19/2024
1) Black & Veatch Corporation 2) CHA Consulting, Inc
1715 N Westshore Blvd, Ste 725 2502 N Rocky Point Dr, Ste 145
Tampa, FL 33607 Tampa, FL 33607
813.282.4189 813.549.0919
3) Colliers Project Leaders USA NE, LLC 4) Emprep Consulting Inc
5471 W Waters Ave, Ste 100 dba Utility Management & Installation (UMIS)
Tampa, FL 33634 9464 NW 4th St
844.727.0055 Coral Springs, FL 33071
561.853.8680
Certified: Minority & Veteran Business
5) Freese and Nichols, Inc 6) InVision Advisors, LLC
1000 N Ashley Dr, Ste 100 13014 N Dale Mabry Hwy, Ste 150
Tampa, FL 33602 Tampa, FL 33618
813.467.9180 813.784.3146
7) PDG Management, Inc 8) PMA Consultants LLC
140 Carillon Pkwy 7380 W Sand Lake Rd, Ste 500
St Petersburg, FL 33716 Orlando, FL 32819
727.726.1115 321.418.8187
ADVERTISED: TAMPA BAY TIMES 04.17.24
POSTED:myclearwater.com 04.12.24-05.23.24
Due/Opening: May 23, 2024; 10:00 a.m.
REQUEST FOR PROPOSAL No. 22-24
Project Management Services
Solicitation Response Listing
FOR THE CITY OF CLEARWATER
June 11, 2024
NOTICE OF INTENT TO AWARD
The Selection Committee and the Procurement Division has shortlisted the top ranked firms for RFP No.
22-24, Project Management Services and proceeded to make an intent to award recommendation to the
three (3) top-ranked firms. The ranked firms in alphabetical order are as follows:
1) Black & Veatch Corporation
2) CHA Consulting, Inc
3) Freese and Nichols, Inc
Negotiations will begin soon with the top ranked firms. The negotiated contracts are subject to Council’s
authorization.
Inquiries regarding this Intent to Award can be directed to the City’s Procurement Manager at (727) 444-
8524, or mailed to City of Clearwater, Attn: Procurement Division, PO Box 4748, Clearwater, FL 33758-
4748.
Posted on this date by:
Lori Vogel
Lori Vogel, CPPB
Procurement Manager
Procurement Division 100 S Myrtle Ave
Clearwater FL 33756-5520
PO Box 4748, 33758-4748
727-562-4630 Tel
v 07.2021
REQUEST FOR PROPOSALS
#22-24
Project Management Services
April 12, 2024
NOTICE IS HEREBY GIVEN that sealed proposals will be received by the City of Clearwater (City) until
10:00 AM, Local Time, May 15, 2024, to provide Project Management Services.
Brief Description: The City of Clearwater is soliciting proposals from qualified firms to provide project
management services for various City projects.
Proposals must be in accordance with the provisions, specifications and instructions set forth herein and
will be received by the Procurement Division until the above noted time, when they will be publicly
acknowledged and accepted.
Proposal packets, any attachments and addenda are available for download at:
https://www.myclearwater.com/business/rfp
Please read the entire solicitation package and submit the bid in accordance with the instructions. This
document (less this invitation and the instructions) and any required response documents, attachments,
and submissions will constitute the bid.
General, Process, or Technical Questions concerning this solicitation should be directed, IN
WRITING, to the Procurement contact below:
This Request for Proposals is issued by:
Lori Vogel, CPPB
Procurement Manager
Lori.vogel@myclearwater.com
INSTRUCTIONS
Project Management Services 2 RFP #22-24
i.1 VENDOR QUESTIONS: All questions regarding the contents of this solicitation, and solicitation
process (including requests for ADA accommodations), shall be directed solely to the contact listed
on Page 1. Questions should be submitted in writing via letter, fax or email. Questions received
less than ten (10) calendar days prior to the due date and time may be answered at the discretion
of the City.
i.2 ADDENDA/CLARIFICATIONS: Any changes to the specifications will be in the form of an
addendum. Addenda are posted on the City website no less than seven (7) days prior to the Due
Date. Vendors are cautioned to check the Purchasing Website for addenda and
clarifications prior to submitting their proposal. The City cannot be held responsible if a vendor
fails to receive any addenda issued. The City shall not be responsible for any oral changes to these
specifications made by any employees or officer of the City. Failure to acknowledge receipt of an
addendum may result in disqualification of a proposal.
i.3 VENDOR CONFERENCE / SITE VISIT: Yes No
Mandatory Attendance: Yes No
If so designated above, attendance is mandatory as a condition of submitting a proposal. The
conference/site visit provides interested parties an opportunity to discuss the City's needs, inspect
the site and ask questions. During any site visit you must fully acquaint yourself with the conditions
as they exist and the character of the operations to be conducted under the resulting contract.
i.4 DUE DATE & TIME FOR SUBMISSION AND OPENING:
Date: May 15, 2024
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 acceptable);
certificate of deposit or any other form of deposit issued by a financial institution and acceptable to
the City. If the Contractor fails or refuses to fully comply with the terms and conditions of the
contract, the City shall have the right to use all or such part of said security as may be necessary
to reimburse the City for loss sustained by reason of such breach. The balance of said security, if
INSTRUCTIONS
Project Management Services 3 RFP #22-24
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 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.
INSTRUCTIONS
Project Management Services 4 RFP #22-24
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.
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.
INSTRUCTIONS
Project Management Services 5 RFP #22-24
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
Project Management Services 6 RFP #22-24
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.
Respondent is hereby notified that Section 287.05701, Florida Statutes, requires that the City may not
request documentation of or consider a vendor's social, political, or ideological interests when
determining if the vendor is a responsible vendor.
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 22-23) Points
Qualifications of Firm (Tab 2) 30
Project Management Personnel Qualifications and Experience (Tab 3) 25
Project Understanding and Approach (Tab 4) 20
References (Tab 5) 10
Cost of Service (Tab 6) 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.
INSTRUCTIONS – EVALUATION
Project Management Services 7 RFP #22-24
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
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: 04/12/2024
Advertise Tampa Bay Times: 04/17/2024
Responses due: 05/15/2024
Review proposals: 05/15/2024-05/24/2024
Presentations (if requested): Week of 06/03/2024
Award recommendation: Week of 06/03/2024
Council authorization: July 2024
Contract begins: July 2024
STANDARD TERMS AND CONDITIONS
Project Management Services 8 RFP #22-24
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
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
Project Management Services 9 RFP #22-24
in writing by Contractor that they are prohibited from the manufacture, distribution,
dispensation, possession, or unlawful use of a controlled substance in the workplace.
Contractor agrees to prohibit the use of intoxicating substances by all Contractor personnel
and will ensure that Contractor personnel do not use or possess illegal drugs while in the course
of performing their duties.
c. Federal and State Immigration Laws. Contractor agrees to comply with the Immigration
Reform and Control Act of 1986 (IRCA) in performance under this Agreement and to permit the
City and its agents to inspect applicable personnel records to verify such compliance as
permitted by law. Contractor will ensure and keep appropriate records to demonstrate that all
Contractor personnel have a legal right to live and work in the United States.
(i) As applicable to Contractor, under this provision, Contractor hereby warrants to the City
that Contractor and each of its subcontractors will comply with, and are contractually
obligated to comply with, all federal immigration laws and regulations that relate to their
employees (hereinafter “Contractor Immigration Warranty”).
(ii) A breach of the Contractor Immigration Warranty will constitute as a material breach of this
Agreement and will subject Contractor to penalties up to and including termination of this
Agreement at the sole discretion of the City.
(iii) The City retains the legal right to inspect the papers of all Contractor personnel who provide
services under this Agreement to ensure that Contractor or its subcontractors are
complying with the Contractor Immigration Warranty. Contractor agrees to assist the City
in regard to any such inspections.
(iv) The City may, at its sole discretion, conduct random verification of the employment records
of Contractor and any subcontractor to ensure compliance with the Contractor Immigration
Warranty. Contractor agrees to assist the City in regard to any random verification
performed.
(v) Neither Contractor nor any subcontractor will be deemed to have materially breached the
Contractor Immigration Warranty if Contractor or subcontractor establishes that it has
complied with the employment verification provisions prescribed by Sections 274A and
274B of the Federal Immigration and Nationality Act.
d. Nondiscrimination. Contractor represents and warrants that it does not discriminate against
any employee or applicant for employment or person to whom it provides services because of
race, color, religion, sex, national origin, or disability, and represents and warrants that it
complies with all applicable federal, state, and local laws and executive orders regarding
employment. Contractor and Contractor’s personnel will comply with applicable provisions of
Title VII of the U.S. Civil Rights Act of 1964, as amended, Section 504 of the Federal
Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), and
applicable rules in performance under this Agreement.
S.11 SALES/USE TAX, OTHER TAXES. Contractor is responsible for the payment of all taxes including
federal, state, and local taxes related to or arising out of Contractor’s services under this
Agreement, including by way of illustration but not limitation, federal and state income tax, Social
Security tax, unemployment insurance taxes, and any other taxes or business license fees as
required. If any taxing authority should deem Contractor or Contractor employees an employee of
the City or should otherwise claim the City is liable for the payment of taxes that are Contractor’s
responsibility under this Agreement, Contractor will indemnify the City for any tax liability, interest,
and penalties imposed upon the City.
The City is exempt from paying state and local sales/use taxes and certain federal excise taxes
and will furnish an exemption certificate upon request.
S.12 AMOUNTS DUE THE CITY. Contractor must be current and remain current in all obligations due
to the City during the performance of services under the Agreement. Payments to Contractor may
be offset by any delinquent amounts due the City or fees and charges owed to the City.
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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.
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
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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.
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
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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.
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.
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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
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.
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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
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.
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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.
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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 118,904 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. BACKGROUND. This solicitation is primarily intended for the Public Utilities and Public Works
Departments.
Public Utilities operates and maintains ~44 potable water supply wells, a raw water conveyance
system, three (3) water treatment plants (2 of which utilize reverse osmosis technology), ~600 miles
of water distribution pipes, ~400 miles of wastewater collection piping, ~75 lift stations, three (3)
wastewater treatment plants with a combined capacity of 28.5 MGD, and ~140 miles of reclaimed
water distribution system, including 3 booster pump stations. Its current Capital Improvement Plan
(CIP) has about 200 projects worth more than $500M. The number of projects and value is
expected to increase significantly when the Department completes its Water Reclamation Facility
(WRF) Master Plan, its Reclaimed Water Master Plan, plans to adhere to Senate Bill 64 by 2032,
as well as its future plans to consolidate the Marshall St and East WRFs into the Northeast WRF,
among other projects not yet identified.
Public Works includes Parking, Transportation, GIS, Construction, Environmental, Sustainability,
and Stormwater Engineering Divisions in addition to a Stormwater & Right of Way (ROW)
Maintenance Division that operate and maintain the stormwater management system, streets and
sidewalks, and urban forestry. In general, Public Works manages all city CIP projects except for
Public Utilities’.
The Engineering teams for both Public Utilities and Public Works are responsible for managing CIP
and associated projects using external consultants who perform the work. To assist in managing
this workload, the city is requesting project management support from external consultants/vendors
experienced in managing Public Utilities and Public Works projects.
3. SCOPE OF SERVICES. The City of Clearwater is requesting written proposals from qualified firms
to provide as-needed project management services. The city intends to retain more than one firm
to be available to perform the services requested. The City, on an as needed basis, will issue
specific project assignments to the retained consultant(s) via written task authorizations.
Types of projects include but are not limited to:
• Environmental o Shoreline studies o Watershed management plans o Solar and/or Electric Vehicle (EV) buildouts
• Civil
o Roadways o Channel stabilization
o Resurfacing o Full-depth reclamation
o Joint project agreements with Pinellas County
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• Marina o Wave attenuators o Seawall inspections and repairs
• Structural o Bridge inspections and repairs
o Facility inspections and repairs
• Stormwater o Modeling
o Ponding improvements o Neighborhood improvements
• Electrical
• Transportation o Traffic Management Center
• Parking
o Garages
• Airpark o Resurfacing o Facility improvements
• Utilities
o Master Plans o Water & Wastewater Facility Repair and Replace (R&R)
o Water and Wastewater Facility Upgrades o New Water and Wastewater Facilities
o Collection Installation and R&R o Water Distribution Installation and R&R
o Reclaim Installation and R&R o Utilities Systems Modeling
o Utilities Annual Reports o Well Installation and R&R
o Lift Station Installation and R&R o Develop, apply, and implement grant programs
o Similar Utilities Systems Project and Programs
Services provided by the Consultant shall comply with all applicable City, County and State
requirements. It shall be the responsibility of the Consultant to administer, monitor, and exercise
independent engineering judgement as the project administrator for their assigned project(s) such
that the project is planned, designed, or constructed in reasonable conformity with the plans,
specifications, and special provisions for each respective Contract.
4. ADMINISTRATIVE TASKS. Administrative tasks shall include but not be limited to:
a. Meeting Participation: The Selected Firm will attend preconstruction conference, design
planning meetings, and any other meetings for each project assigned. Prepare and make
presentations for meetings and hearings in connection with the projects covered by this
Agreement and any task authorization as requested by the City.
b. Project Coordination: For the duration of the Agreement, the Firm will coordinate closely with
the City, County, State, and each individual project’s personnel including, but not limited to,
Engineers of Record (“EOR”), Construction and Engineering Inspection (“CEI”), Contractor or
Construction Manager at Risk (“CMAR”), and other Consultants. The Firm will also be
responsible for keeping the City’s internal management informed of all significant activities,
decisions, correspondence, reports, and other communications or actions related to the Firm’s
responsibilities under this Agreement. The Firm will facilitate communications between all
parties (i.e. city, county, FDOT, FDEP, EOR, Contractors, etc.) ensuring responses and
resolutions are provided in a timely manner. Analyze problems that arise on a project and
proposals submitted by other Consultants; work to resolve such issues and process the
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necessary paperwork.
c. Inspection: The Firm will become familiar with the existing site conditions and the contract
documents. Observe and record the progress and quality of work to determine that the work
is designed and/or constructed in accordance with the aforementioned documents, identify
discrepancies, and direct the other Consultants (i.e., EOR’s, CMAR) to correct discrepancies.
Inform the designated City project personnel of any significant omissions, substitutions,
defects, and deficiencies noted in the work of the Contractor and the corrective action that
has been directed to be performed by the Contractor. Assure that any specialty work is
completed as necessary to accomplish its intent. Noting that the Firm will act as project
manager only and will not be responsible for performing any professional design services,
and all engineering, architecture, and landscape design services will be provided by other
entities.
d. Documentation: The Firm will maintain accurate records and documentation of the
communication process. Maintain complete, accurate records of all activities and events
relating to projects and properly document all project changes. Collect data and compile
analytic insights the City can use to drive organizational change. Provide reporting,
compliance, and assistance to subconsultants as needed to ensure their contractual
compliance.
e. Contractual Agreement Tracking: The Firm will identify, review, and track progress of Joint
Project Agreements, and/or other City and utility agreements associated with assigned
projects. Address work progress and track reimbursement activities.
f. Schedule Analysis: The Firm will analyze the Contractor’s schedule(s) for compliance with
the contract documents.
g. Consultant Oversight: The Firm will oversee other Consultant’s work to determine the
progress and quality of work. Identify discrepancies, report significant discrepancies to the
City, and direct the Consultant to correct such observed discrepancies. Negotiate and prepare
Change Orders as a recommendation to the City, which the City may accept, modify or reject
upon review. Seek input from the City’s internal management relating to all Change Order
requests. All Change Orders must be approved by the City prior to authorization of the work
or payment may be denied.
h. Payment Processing: The Firm will produce reports for payment purposes as needed to
facilitate prompt processing for the city to make timely payment to the Consultants.
i. Status Reporting: The Firm will prepare and submit to the City’s internal management
monthly, a Project Status Report, in a format to be approved by the city.
j. Invoicing and Contract Management: The Firm will submit all administrative items relating to
Invoice Approval, Personnel Approval, Time Extensions, and Supplemental Amendments to
the City’s internal management for review and approval.
k. No Professional Services: The Firm will not be providing “Professional Services” as defined
by Fla. Stat. § 287.055.
5. FIRM PERSONNEL and EQUIPMENT. The Firm shall establish and maintain qualified and
appropriate staffing throughout the duration of each project. Responsible personnel, thoroughly
familiar with all aspects of the project, shall be available to assist the City in project administration
and dispute resolution.
Items to be furnished by the selected Firm shall include but not be limited to:
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a. Office: Firm shall be responsible to furnish office space suitable to perform the services
required by the Agreement and any assigned task authorization, whether through their home
office, field office, or other arrangement.
b. Office Automation: The Firm will provide all software and hardware necessary to carry out
the responsibilities efficiently and effectively under this Agreement and any assigned task
authorization. Ownership and possession of computer equipment and related software, which
is provided by the Firm, shall always remain with the Firm. The Firm shall retain responsibility
for risk of loss or damage to said equipment during performance of this Agreement. Field
office equipment should be always maintained and operational.
c. Vehicles: Vehicles will be equipped with appropriate safety equipment and must be able to
effectively carry out requirements of this Agreement. Vehicles shall have the name and phone
number of the consulting firm visibly displayed on both sides of the vehicle.
d. Equipment: The Firm shall supply equipment essential to perform services under this
Agreement and any assigned task authorization (i.e., safety vests, hard hats, etc.). Hard hats
shall have the name of the consulting firm visibly displayed. Equipment shall be always
maintained and in operational condition.
6. MINIMUM QUALIFICATIONS. While firms with Florida-licensed engineers on staff are preferred,
at minimum, the responding firm shall have a minimum of ten (10) years’ experience working as
a project manager or owner’s representative in the area of public works and/or public utilities
projects.
7. 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.
DETAILED SPECIFICATIONS
Project Management Services 20 RFP #22-24
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 #22-24
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
Project Management Services 21 RFP #22-24
1. ANTICIPATED BEGINNING AND END DATE OF INITIAL TERM. July 2024 – July 2027
If the commencement of performance is delayed because the City does not execute the contract
on the start date, the City may adjust the start date, end date and milestones to reflect the delayed
execution.
2. EXTENSION. The City reserves the right to extend the term of this contract, provided however,
that the City shall give written notice of its intentions to extend this contract no later than thirty (30)
days prior to the expiration date of the contract.
3. RENEWAL. At the end of the initial term of this contract, the City may initiate renewal(s) as
provided herein. The decision to renew a contract 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.
One (1), Three (3) Year renewals are possible at the City’s option.
4. PRICES. All pricing shall be firm for the initial term of three (3) years 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. Renewal
prices shall be firm for the three (3) year renewal term.
d. No fuel surcharges will be accepted.
RESPONSE ELEMENTS
Project Management Services 22 RFP #22-24
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 Interest. The cover letter should briefly introduce the Firm and include:
a. A statement confirming that all information contained in the response is complete and
accurate.
b. Signature from the firm’s principal certifying that sufficient resources in personnel,
equipment, and time are available and can be committed to this project.
c. Contact information for the firm’s principal including email address and phone number.
TAB 2 – Qualifications of Firm and Personnel. Describe the firm’s experience providing Project
Management Services; Project Management philosophy, and qualifications of key personnel proposed to provide such services including:
a. Affirmative statement indicating that the firm meets the qualifications of this Request for
Proposal.
b. Office location of firm and personnel.
c. Describe the firm’s current staffing, workload, and ability to competently and expeditiously
provide project management services for the City.
d. Describe the roles and responsibilities of the key personnel in your proposal, including
how many persons on staff who are professionally licensed and their names. This may
include licensed Professional Engineers, Architects, certified Project Management
Professionals, etc. Also include information on other personnel that can provide unique
support to the project manager (i.e., estimators, construction managers, subject matter
experts, etc.).
e. Describe the firm’s contingency plan to respond with appropriate back‐up staff in the case
of death, disability, illness, or separation.
TAB 3 – Project Management Personnel Qualifications and Experience. – Describe the
qualification and experience of the Firm’s key staff that they intend to utilize on this
project.
a. Include any licenses or certification of the personnel.
b. Include the years of experience of the staff.
c. Include any internal programs utilized to train and develop project managers. Include the
various types of training elements and the approximate number of hours required to
complete each element.
d. Include a description of the firms retention and recruitment efforts to ensure continuity of
Project managers serving the City for this project.
TAB 4 – Project Understanding and Approach. Describe your understanding of the project list
provided by this request and approach to delivering Project Management Services. It is
important to demonstrate the ability to advocate for the City while maintaining professional
RESPONSE ELEMENTS
Project Management Services 23 RFP #22-24
relationships with the architect/engineers and contractors during the project. Most importantly,
you must demonstrate the ability to help the City make important decisions during the project
by collecting and interpreting technical information from the EOR and CMAR firms. Include the
following information:
a. Describe how you will organize and perform tasks.
b. Describe how you will identify critical milestones and ensure progress.
c. Describe how you will address contingencies that may arise during the project.
d. Describe how you will manage the project budget, schedule, and scope.
e. Describe how you will ensure quality control.
TAB 5 – References. A minimum of three (3) references, preferably from other public entities for
which similar services have been provided, within the past five (5) years, are required. Each
reference must include the name of the entity, date of services, description of services,
address, contact person, telephone number, and email address.
TAB 6 - Cost of Service. Each proposal must include a detailed explanation of the cost to be
charged to the city for these services and include:
a. Hourly rates for staff by title
b. Any additional items and their costs with any markup (i.e., per diem, travel, and related
expenses).
c. A cost structure based on one or more hourly rates, and for each hourly rate a description
of the services that will be provided for that hourly rate.
TAB 7 - Other Forms. The following forms should be completed and signed:
a. Exceptions/Additional Materials/Addenda form
b. Vendor Information form
c. Vendor Certification of Proposal form
d. Scrutinized Companies form(s) as required
e. E-Verify Eligibility form
f. Copies of any licenses and/or certifications
g. W-9 Form. Include a current W-9 form (http://www.irs.gov/pub/irs-pdf/fw9.pdf)
EXCEPTIONS / ADDITIONAL MATERIAL / ADDENDA
Project Management Services 24 RFP #22-24
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
Project Management Services 25 RFP #22-24
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
Project Management Services 26 RFP #22-24
By signing and submitting this Bid/Proposal/Qualification/Response, the Vendor certifies that:
a) It is under no legal prohibition on contracting with the City of Clearwater.
b) It has read, understands, and is in compliance with the specifications, terms and conditions stated herein, as
well as its attachments, and any referenced documents.
c) It has no known, undisclosed conflicts of interest.
d) The prices offered were independently developed without consultation or collusion with any of the other
vendors or potential vendors 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 commodities or services
covered by this contract. The Vendor has not influenced or attempted to influence any City employee, officer,
elected official, or consultant in connection with the award of this contract.
f) It understands the City may copy all parts of this response, including without limitation any documents or
materials copyrighted by the Vendor, for internal use in evaluating respondent’s offer, or in response to a
public records request under Florida’s public records law (F.S. Chapter 119) or other applicable law,
subpoena, or other judicial process; provided that the City agrees not to change or delete any copyright or
proprietary notices.
g) It hereby warrants to the City that the Vendor and its subcontractors will comply with, and are contractually
obligated to comply with, all federal, state, and local laws, rules, regulations, and executive orders.
h) It certifies that Vendor is not presently debarred, suspended, proposed for debarment, declared ineligible,
voluntarily excluded, or disqualified from participation in this matter from any federal, state, or local agency.
i) It will provide the commodities or services specified in compliance with all federal, state, and local laws, rules,
regulations, and executive orders if awarded by the City.
j) It is current in all obligations due to the City.
k) It will accept all terms and conditions as set forth in this solicitation if awarded by the City.
l) The signatory is an officer or duly authorized representative of the Vendor with full power and authority to
submit binding offers and enter into contracts for the commodities or services as specified herein.
ACCEPTED AND AGREED TO:
Company Name:
Signature:
Printed Name:
Title:
Date:
SCRUTINIZED COMPANIES FORMS
Project Management Services 27 RFP #22-24
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
Project Management Services 28 RFP #22-24
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
Project Management Services 29 RFP #22-24
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
Project Management Services 30 RFP #22-24
--------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------
SEALED PROPOSAL
Submitted by:
Company Name:
Address:
City, State, Zip:
RFP #22-24, Project Management Services
Due Date: May 15, 2024, 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 #22-24, Project Management Services
Due Date: May 15, 2024, 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#24-1554
Agenda Date: 12/16/2024 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Public Utilities
Agenda Number: 7.2
SUBJECT/RECOMMENDATION:
Authorize purchase orders to H and H Liquid Sludge Disposal, Inc of Branford, FL as the primary
awardee, and T Wayne Hill of Mulberry, FL as a secondary awardee for the hauling and disposal of
biosolids in the cumulative not-to-exceed amount of $7,500,000.00, beginning January 17, 2025 through
January 16, 2028, with two, one-year renewal options in the annual not-to-exceed amount of
$2,500,000.00 pursuant to Invitation to Bid (ITB) 02-25 and authorize the appropriate officials to execute
same. (consent)
SUMMARY:
Invitation to Bid 02-25 for Biosolids Management Services was issued on October 18, 2024. In response
to the solicitation, the City received three responsive bid submittals meeting the requirements outlined in
the bid specifications. H&H Liquid Sludge Disposal, Inc. has been identified as the lowest responsive and
most responsible bidder.
The City of Clearwater’s three Water Reclamation Facilities (WRFs) produce biosolids, a residual
product that requires proper hauling and disposal. Contractors are tasked with providing two primary
services:
1.Transporting Biosolids (Dewatered Cake) to a Residuals Management Facility (RMF).
2.Hauling Liquid Biosolids (Approximately 5% Total Solids) from the East WRF to the Northeast WRF
and/or the Marshall Street WRF.
The disposal of biosolids is governed by state and federal regulations, making strict compliance with the
regulations essential. To meet the requirements of the Florida Department of Environmental Protection
(FDEP) and address the recent need for an emergency procurement contract-due to one of our
contracted vendors being unable to renew their agreement because of capacity constraints-approval is
requested for both a primary and a secondary award. This approach aims to prevent future reliance on
emergency measures and ensure continuity if the primary vendor is unable to fulfill their obligations.
·H&H Liquid Sludge Disposal, Inc. (Branford, FL)
o Primary for Base Bid Items 1, 2, 3, and 4
o Primary for Alternate Bid Items 1, 2, 3, and 4
·T. Wayne Hill (Mulberry, FL)
o Secondary for Base Bid Items 1, 2, 3, and 4
APPROPRIATION CODE AND AMOUNT:
Funding for the current year’s portion of this purchase order is available in Public Utilities cost code
530300, contractual services. Future year funding will be requested as part of the annual budget
process. The Public Utilities Department is funded by Water and Sewer Utility Enterprise Fund
revenues.
STRATEGIC PRIORITY:
Biosolids disposal is required by law and is part of environmental stewardship, superior public service,
and community wellbeing.
Page 1 City of Clearwater Printed on 12/11/2024
v. 7.2024 Procurement Division
PO Box 4748 33758-4748 Clearwater FL
727-562-4630
INVITATION TO BID
02-25
BIOSOLIDS MANAGEMENT SERVICES
NOTICE
Friday, October 18, 2024
NOTICE IS HEREBY GIVEN that sealed bids will be received by the City of Clearwater (City) until 10:00
am, Local Time, on Monday, November 18, 2024 to provide:
The City of Clearwater is seeking sealed bids to provide wastewater biosolids management services for the
Public Utilities Department’s three (3) wastewater reclamation facilities (WRF).
Bids must be in accordance with the provisions, specifications and instructions set forth herein and will be
received by the Procurement Division until the above noted time, when they will be publicly acknowledged
and accepted.
Bid packets, any attachments and addenda are available for download
at: https://procurement.opengov.com/portal/myclearwater/projects/121675.
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 shall be submitted through
the City's e-Procurement Portal located at:
https://procurement.opengov.com/portal/myclearwater/projects/121675.
All answers to inquiries will be posted on the City’s e-Procurement Portal. Bidders may also click “Follow”
on this bid to receive an email notification when answers are posted. It is the responsibility of the bidder to
check the website for answers to inquiries.
This Request for Proposals is issued by:
Lori Vogel, CPPB
Procurement ManagerLori.vogel@myclearwater.com
v. 7.2024 2
INSTRUCTIONS
2.1 Vendor Questions
All questions regarding the contents of this solicitation, and solicitation process (including requests for ADA
accommodations), shall be submitted through the City's e-Procurement Portal, located at
https://procurement.opengov.com/portal/myclearwater. Please note the deadline for submitting inquiries.
All answers to inquiries will be posted on the City’s e-Procurement Portal. Bidders may also click “Follow”
on this bid to receive an email notification when answers are posted. It is the responsibility of the bidder to
check the website for answers to inquiries.
2.2 Addenda/Clarifications
Any changes to the specifications will be in the form of an addendum. Vendors are required to register for
an account via the City’s e-Procurement Portal hosted by OpenGov. Once the bidder has completed
registration, they will receive addenda notifications to their email by clicking “Follow” on this project.
Ultimately, it is the sole responsibility of each bidder to periodically check the site for any addenda at
https://procurement.opengov.com/portal/myclearwater.
The City cannot be held responsible if a vendor fails to receive any addenda issued. The City shall not be
responsible for any oral changes to these specifications made by any employees or officer of the
City. Failure to acknowledge receipt of an addendum may result in disqualification of a bid.
2.3 Due Date & Time for Submission and Opening
Date: Monday, November 18, 2024
Time: 10:00 am
The City will open all bids properly and timely submitted and will record the names and other information
specified by law and rule. All bids become the property of the City and will not be returned except in the
case of a late submission. Respondent names, as read at the bid opening, will be posted on the City
website. Once a notice of intent to award is posted or 30 days from day of opening elapses, whichever
occurs earlier, bids are available for inspection by contacting the Procurement Division.
2.4 Bid Firm Time
Bids shall remain firm and unaltered after opening for 90 days. The City may accept the bid, subject to
successful contract negotiations, at any time during this time.
2.5 Bid Submittals
It is recommended that bids are submitted electronically through the City's e-Procurement Portal located at
https://procurement.opengov.com/portal/myclearwater. By way of the e-Procurement Portal, responses will
be locked and digitally encrypted until the submission deadline passes.
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
bid that is not properly addressed and identified.
2.6 Late Bids
The bidder assumes responsibility for having the bid delivered on time at the place specified. All bids
received after the date and time specified shall not be considered and will be returned unopened to the
bidder. The bidder assumes the risk of any delay in the mail or in handling of the mail by employees of the
City of Clearwater, or any private courier, regardless whether sent by mail or by means of personal
delivery. It shall not be sufficient to show that you mailed or commenced delivery before the due date and
v. 7.2024 3
time. All times are Clearwater, Florida local times. The bidder agrees to accept the time stamp in the City’s
Procurement Office as the official time.
2.7 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 submitted through the City's e-Procurement
Portal, 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.
2.8 Commencement of Work
If bidder begins any billable work prior to the City’s final approval and execution of the contract, bidder does
so at its own risk.
2.9 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 listed on this solicitation The City is not responsible for and will not pay any costs
associated with the preparation and submission of the bid. Bidders are cautioned to verify their bids before
submission, as amendments to or withdrawal of bids submitted after time specified for opening of bids may
not be considered. The City will not be responsible for any bidder errors or omissions.
2.10 Form and Content of Bids
Bids, including modifications, must be certified by an authorized representative and submitted
electronically. 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 requires that an electronic copy of the
bids be submitted through the City's e-Procurement portal located at
https://procurement.opengov.com/portal/myclearwater. The bids 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 bids.
2.11 Specifications
Technical specifications define the minimum acceptable standard. When the specification calls for “Brand
Name or Equal,” the brand name product is acceptable. Alternates will be considered upon demonstrating
the other product meets stated specifications and is equivalent to the brand product in terms of quality,
performance and desired characteristics.
Minor differences that do not affect the suitability of the supply or service for the City’s needs may be
accepted. Burden of proof that the product meets the minimum standards or is equal to the brand name,
product, is on the bidder. The City reserves the right to reject bids that the City deems unacceptable.
v. 7.2024 4
2.12 Modification/Withdrawal of Bids
For bids submitted electronically, vendors may use the "Unsubmit Response" button located on the
Response Details page of their submission. Responses may be resubmitted once they have been edited
or modified as needed.
For mailed in or hand delivered bids, written requests to modify or withdraw the bid received by the City
prior to the scheduled opening time will be accepted and will be corrected after opening. Written requests
must be addressed and labeled in the same manner as the bid and marked as a MODIFICATION or
WITHDRAWAL of the bid.
No oral requests will be allowed.
Requests for withdrawal after the bid opening will only be granted upon proof of undue hardship and may
result in the forfeiture of any bid security. Any withdrawal after the bid opening shall be allowed solely at
the City’s discretion.
2.13 Debarment Disclosure
If the vendor submitting this bid has been debarred, suspended, or otherwise lawfully precluded from
participating in any public procurement activity, including being disapproved as a subcontractor with any
federal, state, or local government, or if any such preclusion from participation from any public procurement
activity is currently pending, the bidder shall include a letter with its bid identifying the name and address
of the governmental unit, the effective date of this suspension or debarment, the duration of the suspension
or debarment, and the relevant circumstances relating the suspension or debarment.
2.14 Reservations
The City reserves the right to reject any or all bids or any part thereof; to rebid the solicitation; to reject non-
responsive or non-responsible bids; to reject unbalanced bids; to reject bids where the terms, prices, and/or
awards are conditioned upon another event; to reject individual bids for failure to meet any requirement; to
award by item, part or portion of an item, group of items, or total; to make multiple awards; to waive minor
irregularities, defects, omissions, technicalities or form errors in any bid. The City may seek clarification of
the bid from bidder at any time, and failure to respond is cause for rejection. Submission of a bid confers
on bidder no right to an award or to a subsequent contract. The City is charged by its Charter to make an
award that is in the best interest of the City. All decisions on compliance, evaluation, terms and conditions
shall be made solely at the City’s discretion and made to favor the City. No binding contract will exist
between the bidder and the City until the City executes a written contract or purchase order.
2.15 Official Solicitation Document
Changes to the solicitation document made by a bidder may not be acknowledged or accepted by the
City. Award or execution of a contract does not constitute acceptance of a changed term, condition or
specification unless specifically acknowledged and agreed to by the City. The copy maintained and
published by the City shall be the official solicitation document.
2.16 Copying of Bids
Bidder hereby grants the City permission to copy all parts of its bid, including without limitation any
documents and/or materials copyrighted by the bidder. The City’s right to copy shall be for internal use in
evaluating the proposal.
2.17 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
v. 7.2024 5
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.
2.18 Gifts
The City will accept no gifts, gratuities or advertising products from bidders or prospective bidders and
affiliates. The City may request product samples from vendors for product evaluation.
2.19 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
2.20 Evaluation Process
Bids will be reviewed by the Procurement Division and representative(s) of the respective
department(s). The City staff may or may not initiate discussions with bidders for clarification
purposes. Clarification is not an opportunity to change the bid. Bidders shall not initiate discussions with
any City employee or official.
Respondent is hereby notified that Section 287.05701, Florida Statutes, requires that the City may not
request documentation of or consider a vendor's social, political, or ideological interests when determining
if the vendor is a responsible vendor.
2.21 Criteria for Evaluation and Award
The City evaluates three (3) categories of information: responsiveness, responsibility, and price. All bids
must meet the following responsiveness and responsibility criteria to be considered further.
A. Responsiveness. The City will determine whether the bid complies with the instructions for
submitting bids including completeness of bid which encompasses the inclusion of all required
v. 7.2024 6
attachments and submissions. The City must reject any bids that are submitted late. Failure to
meet other requirements may result in rejection.
B. Responsibility. The City will determine whether the bidder is one with whom it can or should do
business. Factors that the City may evaluate to determine "responsibility" include, but are not
limited to: excessively high or low priced bids, past performance, references (including those found
outside the bid), compliance with applicable laws-including tax laws, bidder's record of performance
and integrity - e.g. has the bidder been delinquent or unfaithful to any contract with the City, whether
the bidder is qualified legally to contract with the City, financial stability and the perceived ability to
perform completely as specified. A bidder must at all times have financial resources sufficient, in
the opinion of the City, to ensure performance of the contract and must provide proof upon
request. City staff may also use Dun & Bradstreet and/or any generally available industry
information. The City reserves the right to inspect and review bidder’s facilities, equipment and
personnel and those of any identified subcontractors. The City will determine whether any failure
to supply information, or the quality of the information, will result in rejection.
C. Price. We will then evaluate the bids that have met the requirements above
2.22 Cost Justification
In the event only one response is received, the City may require that the bidder submit a cost proposal in
sufficient detail for the City to perform a cost/price analysis to determine if the bid price is fair and
reasonable.
2.23 Contract Negotiations and Acceptance
Bidder must be prepared for the City to accept the bid as submitted. If bidder fails to sign all documents
necessary to successfully execute the final contract within a reasonable time as specified, or negotiations
do not result in an acceptable agreement, the City may reject bid or revoke the award, and may begin
negotiations with another bidder. Final contract terms must be approved or signed by the appropriately
authorized City official(s). No binding contract will exist between the bidder and the City until the City
executes a written contract or purchase order.
2.24 Notice of Intent to Award
Notices of the City’s intent to award a Contract are posted to Purchasing’s website. It is the bidder’s
responsibility to check the City of Clearwater’s website at
https://procurement.opengov.com/portal/myclearwater/projects/121675 to view the Procurement
Division's Intent to Award postings.
2.25 ITB Timeline
Dates are tentative and subject to change.
Release ITB: October 18, 2024
Advertise Tampa Bay Times: October 23, 2024
Question Submission Deadline: November 8, 2024, 10:00am
Due Date & Time for Submissions and Opening: November 18, 2024, 10:00am
Review Bids: 11/18/24 - 12/02/24
v. 7.2024 7
Award recommendation: December 2024
Council Authorization: January 2025
Contract Begins: January 2025
STANDARD TERMS AND CONDITIONS
3.1 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”.
3.2 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.
3.3 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.
3.4 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.
3.5 Successor 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.
3.6 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.
3.7 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.
v. 7.2024 8
3.8 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.
3.9 Time of the Essence
Time is of the essence to the performance of the parties’ obligations under this Agreement.
3.10 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 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.
1. 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”).
2. 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.
3. 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.
4. 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
v. 7.2024 9
Warranty. Contractor agrees to assist the City in regard to any random verification
performed.
5. 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.
3.11 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.
3.12 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.
3.13 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:
727-444-7151 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
v. 7.2024 10
time at a cost that does not exceed the cost provided for in Chapter 119, Florida Statutes, as may
be amended from time to time, or as otherwise provided by law.
C. Ensure that the public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of the
contract term and following completion of the contract if the contractor does not transfer the records
to the public agency.
D. Upon completion of the contract, transfer, at no cost, to the public agency all public records in
possession of the contractor or keep and maintain public records required by the public agency to
perform the service. If the contractor transfers all public records to the public agency upon
completion of the contract, the contractor shall destroy any duplicate public records that are exempt
or confidential and exempt from public records disclosure requirements. If the contractor keeps
and maintains public records upon completion of the contract, the contractor shall meet all
applicable requirements for retaining public records. All records stored electronically must be
provided to the public agency, upon request from the public agency’s custodian of public records,
in a format that is compatible with the information technology systems of the public agency.
E. A request to inspect or copy public records relating to a public agency’s contract for services must
be made directly to the public agency. If the public agency does not possess the requested records,
the public agency shall immediately notify the contractor of the request and the contractor must
provide the records to the public agency or allow the records to be inspected or copied within a
reasonable time.
F. The contractor hereby acknowledges and agrees that if the contractor does not comply with the
public agency’s request for records, the public agency shall enforce the contract provisions in
accordance with the contract.
G. A contractor who fails to provide the public records to the public agency within a reasonable time
may be subject to penalties under Section 119.10, Florida Statutes.
H. If a civil action is filed against a contractor to compel production of public records relating to a public
agency’s contract for services, the court shall assess and award against the contractor the
reasonable costs of enforcement, including reasonable attorney fees, if:
1. The court determines that the contractor unlawfully refused to comply with the public records
request within a reasonable time; and
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.
3.14 Audits and Records
v. 7.2024 11
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.
3.15 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.
3.16 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.
3.17 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.
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.
3.18 Remedies
v. 7.2024 12
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.
3.19 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.
3.20 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.
3.21 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.
3.22 Termination for Non-Appropriation and Modification for Budgetary Contraints
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.
3.23 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.
v. 7.2024 13
3.24 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.
3.25 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.
3.26 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.
3.27 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.
3.28 No Guarantee of Work
v. 7.2024 14
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.
3.29 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.
3.30 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.
3.31 FOB Destination Freight Prepaid and Allowed
All deliveries will be FOB destination freight prepaid and allowed unless otherwise agreed.
3.32 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.
3.33 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.
3.34 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.
3.35 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
v. 7.2024 15
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.
3.36 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).
3.37 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 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.
3.38 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.
3.39 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.
3.40 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.
3.41 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.
3.42 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.
v. 7.2024 16
3.43 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.
3.44 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.
3.45 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.
DETAILED SPECIFICATIONS
The City of Clearwater is seeking bids from qualified Vendors to provide wastewater biosolids
management services for the Public Utilities Department’s three (3) wastewater reclamation
facilities (WRF).
4.1 Introduction
The City of Clearwater (City) is a coastal community on Florida's West Coast and the third-largest city in
the Tampa Bay area with a population of approximately 118,904 residents. Clearwater Beach, a renowned
international destination in Pinellas County, attracts millions of tourists annually and most recently received
the prestigious TripAdvisor Traveler’s Choice Award for 2024. It consistently ranks among the top vacation
spots in both national and international publications, offering year-round attractions such as pristine "sugar
sand" beaches, diverse dining options, and venues like the Philadelphia Phillies Spring Training and
Clearwater Threshers Minor League Baseball. The acclaimed Clearwater Marine Aquarium, nationally
recognized for its innovative work in marine rescue, rehabilitation, and release, remains a major draw for
visitors.
The City of Clearwater is committed to advancing sustainability through eco-friendly initiatives that enhance
our economy, safeguard our environment, and fortify our community.
4.2 Scope of Work
The Vendor shall be provided with maximum flexibility and support in planning and coordinating the work
outlined in this solicitation. All work shall be carried out and be consistent with approved domestic
wastewater biosolids removal, treatment, and disposal practices normally observed throughout the industry
and shall comply with all Federal, State, County and local regulations in their most recent form. Domestic
wastewater biosolids (biosolids) is intended to include sludge and sludge cake.
The Vendor shall furnish all labor, materials, equipment, fuel, and incidentals necessary to remove,
transport, and dispose of wastewater biosolids in the manner prescribed in and pursuant to the
requirements of this Invitation to Bid.
Site Locations:
East Water Reclamation Facility (East WRF)
3141 Gulf-to-Bay Boulevard
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Clearwater, Florida 33759
FDEP Class A Permitted 5.0 MGD WRF
Marshall Street Water Reclamation Facility (Marshall Street WRF)
1605 Harbor Drive
Clearwater, Florida 33755
FDEP Class A Permitted 10.0 MGD WRF
Northeast Water Reclamation Facility (Northeast WRF)
3290 State Road 580
Safety Harbor, Florida 34695
FDEP Class A Permitted 13.5 GD WRF
Base Bid Items – Refer to section 4.3. Specifications, for more information.
The removal, transport, and disposal of dewatered biosolids from the Marshall Street WRF and Northeast
WRF to a Residual Management Facility (RMF)
The transportation of liquid biosolids from the East WRF to the Northeast WRF daily and/or
The transportation of liquid biosolids from the East WRF to the Marshall Street WRF daily
Alternate Bid Items – Refer to section 4.3. Specifications, for more information.
The removal, transport and disposal by “land application” of dewatered biosolids from the Marshall Street
WRF and Northeast WRF
The removal, transport, and disposal of dewatered biosolids from the Marshall Street WRF and Northeast
WRF to a landfill
The transportation of liquid biosolids from the Marshall Street WRF to Northeast WRF
The transportation of liquid biosolids from the Northeast WRF to the Marshall Street WRF
The removal, transport and disposal by Incorporation of dewatered Class B Biosolids from the Marshall
Street WRF and Northeast WRF
4.3 Specifications
Frequency of Removal
Under typical conditions, biosolids removal, transport, and disposal from all three (3) WRFs are expected
to take place Monday through Saturday each week, between 12:00 A.M. and 12:00 P.M. Eastern Standard
Time (EST). The weekly quantities specified refer to the total amount of biosolids to be removed during this
six-day period. The Vendor shall coordinate the biosolids removal schedule within the specified days and
times with the Chief Operator or Lead Operator at each facility.
Situations may arise that necessitate biosolids pickup and transport on Sundays or at other times outside
the regular schedule during a twenty-four (24) hour day. If such conditions occur, the Chief Operator or
v. 7.2024 18
Lead Operator on site shall inform the Vendor as soon as possible and request for the alternate day or time.
The Vendor is expected to make every effort to accommodate this request.
Should the Vendor need to adjust the biosolids pickup and transport schedule beyond what is outlined in
this solicitation, a written request shall be submitted to the Public Utilities Division Manager for approval.
This request shall be made at least forty-eight (48) hours before the new schedule begins. Changes to the
transport times shall not be approved for more than two (2) months within a twelve (12) month period.
Approval shall be granted before the new schedule can take effect.
Scheduled biosolids removal shall not be delayed by more than forty-eight (48) hours under any
circumstances. Refer to 4.11 Payments and Penalties, for details. The Vendor shall immediately inform the
Public Utilities Division Manager of any issues that could disrupt the scheduled removal. Additionally, the
Vendor shall arrange an alternate pickup time within forty-eight (48) hours that is acceptable to both parties.
Base Bid Items
There are four (4) base bid items which shall be the primary basis for award of this contract.
Northeast WRF and/or Marshall Street WRF Biosolids (Dewatered Cake) to Residuals Management
Facility (RMF)
Note: This section represents Base Items under Section 8. PRICING SHEET.
Additional treatment at a Class A RMF with a valid Florida Department of Environmental Protection (FDEP)
Permit by the Vendor as directed by Public Utilities.
The Northeast WRF is estimated to generate around 8,700 wet tons of dewatered biosolids annually, which
shall need to be removed, transported, and disposed of. Each load shall be weighed on a certified scale
located at the biosolids building on-site. The cake has an estimated total solids concentration ranging from
14% to 25%. The quantity of biosolids to be removed shall fluctuate daily based on plant operation needs,
but an estimated 167 wet tons shall need to be removed each week.
The Marshall Street WRF is estimated to generate around 5,000 wet tons of dewatered biosolids annually,
which shall need to be removed, transported, and disposed of. Each load shall be weighed on a certified
scale located at the biosolids building on-site. The cake has an estimated total solids concentration ranging
from 14% to 25%. The quantity of biosolids to be removed shall fluctuate daily based on plant operation
needs, but an estimated 100 wet tons shall need to be removed each week.
Liquid Biosolids (Approximately 5% Total Solids) From East WRF to Northeast WRF and/or the
Marshall Street WRF
Note: This section represents Alternate Bid Items under Section 8. PRICING SHEET.
The East WRF generates liquid biosolids that shall be transported to either the Northeast WRF or the
Marshall Street WRF for digestion and dewatering. The daily volume of biosolids to be moved shall fluctuate
based on the needs of the plants, but it's estimated that around 55,000 gallons per week shall need to be
delivered to one of these facilities. Coordination for this transport shall be handled between the Vendor and
the Chief Operator or Lead Operator at each site. The liquid biosolids contain approximately 5% total solids.
Alternate Bid Items
At any time, Public Utilities may require biosolid disposal options as represented in the following section.
Bidders are not required to price the alternate bid items, but the ability to provide such services
shall be taken into consideration for bid evaluation.
Dewatered Class B Biosolids to Land Application
v. 7.2024 19
Biosolids that meet the Class B pathogen reduction and vector attraction reduction, per 62-640.600(1)(b),
62-640.600(2)(a), and parameter concentrations as set forth in 62-640.700(5)(a) Florida Administrative
Code (F.A.C), can be directly surface applied by the hauler on their permitted land application sites.
Approximately 8,700 wet tons of dewatered and stabilized Class B Biosolids shall be removed, transported,
and disposed of each year from the Northeast WRF. Each load shall be weighed using a certified scale
located at the on-site biosolids building. The cake's total solids concentration is estimated to range between
14% and 25%. While the amount of biosolids removed may vary daily to maintain efficient plant operation,
it is estimated that around 167 wet tons shall need to be removed weekly.
Biosolids (Dewatered Cake) to Landfill
Alternate biosolids that do not meet Class B requirements shall be disposed of at a Class I Landfill (in
accordance with 62-701, F.A.C). Should the Vendor be unable to dispose of the biosolids through an RMF
or by Land Application, they shall use an authorized landfill for disposal. If this occurs, the Public Utilities
Division Manager shall be notified within forty-eight (48) hours and the Vendor shall be able to provide an
address and phone number for verification purposes.
If biosolids are disposed of in a landfill, the Northeast WRF is expected to handle around 8,700 wet tons of
dewatered biosolids annually. Each load shall be weighed using a certified scale at the biosolids building
on-site. The estimated total solids concentration in the cake ranges from approximately 14% to 25%. The
quantity of biosolids to be removed shall fluctuate daily to ensure efficient plant operation, but it is estimated
that about 167 wet tons shall need to be removed each week.
If biosolids are disposed of in a landfill, the Marshall Street WRF is expected to handle around 5,000 wet
tons of dewatered biosolids annually. Each load shall be weighed using a certified scale at the biosolids
building onsite. The estimated total solids concentration of the cake is approximately 14% to 25%. The
quantity of biosolids to be removed shall fluctuate daily to ensure efficient plant operation, but it is estimated
that about 100 wet tons shall need to be removed weekly.
Liquid Biosolids (Approximately 5% Total Solids) From Marshall Street WRF to Northeast WRF
The liquid biosolids produced at the Marshall Street WRF may consist of either thickened waste activated
sludge or a combination of primary and waste activated sludge. If the City opts to transport only waste
activated sludge to the Northeast WRF for stabilization and dewatering, the Vendor shall be required to use
a tanker with a minimum capacity of 6,000-gallons. This requirement is due to the lack of storage tanks at
Marshall Street WRF for separating primary and waste active sludges. The liquid biosolids have an
approximate total solids concentration of 5%.
The volume of liquid biosolids transported from Marshall Street WRF to Northeast WRF for stabilization and
dewatering shall fluctuate daily to maintain efficient plant operations. However, it is estimated that around
275,000 gallons per week shall need to be transported.
Liquid Biosolids (Approximately 5% Total Solids) From Northeast WRF to Marshall Street WRF
The liquid biosolids produced by the Northeast WRF may consist of either thickened waste activated sludge
or a combination of primary and waste activated sludge. If the City opts to transport only waste activated
sludge to the Marshall Street WRF for stabilization and dewatering, the Vendor shall be required to use a
tanker with a minimum capacity of 6,000-gallons. This requirement is due to the lack of storage tanks at
Northeast WRF for separating primary and waste active sludges. The liquid biosolids have an approximate
total solids concentration of 5%.
The volume of liquid biosolids transported from Marshall Street WRF to Northeast WRF for stabilization and
dewatering shall fluctuate daily to maintain efficient plant operations. However, it is estimated that around
275,000 gallons per week shall need to be transported.
v. 7.2024 20
The Removal and Disposal by Incorporation of Dewatered Class B Biosolids
Biosolids that meet Class B pathogen reduction, but do not meet the Class B vector attraction reduction
requirements, can be incorporated into the soil by the hauler on their permitted land application sites that
allow incorporation to achieve vector attraction reduction.
If routine testing reveals that the biosolids from the Northeast WRF or the Marshall Street WRF meet the
Class B Pathogen Reduction requirements but fail to meet the Class B Vector Attraction Reduction criteria,
the City mandates that these dewatered biosolids be transported to the Vendor’s permitted site for soil
incorporation within six (6) hours of land application. The volume of biosolids requiring removal and disposal
shall depend on the results of the routine testing.
4.4 Composition of Dewatered Cake
The Northeast and Marshall Street WRFs shall provide biosolids at a concentration ranging from
approximately 14% to 25% total solids. Refer to Exhibit A – Marshall Street 503 and Exhibit B – Northeast
503 under attachments for the most recent (August 2024) reported parameters for the residual dewatered
cake from each of these facilities. The data is provided for informational purposes only and is not a
guarantee of the characteristics of the biosolids.
4.5 Vendor Responsibility
The Vendor shall be fully responsible for the removal, transport, and disposal of biosolids from the loading
points at the source facility, in accordance with Chapter 62-640 F.A.C. The Vendor shall provide an
adequate number of qualified drivers and trucks to fulfill contract requirements. Upon notification of intent
to award, the Vendor shall submit and maintain an updated list of drivers, which shall be shared with Public
Utilities staff. The Vendor shall have a backup plan to ensure that biosolid hauling and disposal comply with
the contract terms. Additionally, the Vendor shall coordinate with the wastewater treatment plant staff to
properly position and align the trailer(s) in the loading bay(s) for correct truck loading and provide guidance
on trailer fill limits. Together with Public Utilities staff, the Vendor shall verify and agree on the weights of
all biosolid trailers. Both the Vendor and Public Utilities staff shall use the onsite weight scales at the
Marshall Street WRF and Northeast WRF in the biosolids loading bays. The Vendor shall adhere to all
applicable FDEP and Environmental Protection Agency (EPA) regulations regarding biosolids disposal.
The Vendor is responsible for filling their tankers at the East WRF, which is not equipped as a dewatering
facility. Pumping and filling a tanker at this facility typically takes about 30 minutes, though head pressure
details are unspecified. The sludge holding tank at East WRF has a capacity of approximately 55,000
gallons, and the current vendor manages two loads per day, five days a week. At East WRF, the Vendor
shall drive into an open pumping area, connect the provided hose to their tanker, and monitor the filling
process. Once loading is complete, the Vendor shall notify WRF staff to stop the pump. In case of an
emergency, an external on/off switch is available to quickly halt the pump.
The East WRF lacks load stands, whereas the Northeast and Marshall Street WRFs are equipped with two
loading bays each. WRF employees shall assist with filling the vendor’s trailers by operating the reversing
conveyor and helping with trailer positioning at the Northeast and Marshall Street WRFs, which are
equipped with centrifuges and belt presses. Filling a trailer with a centrifuge takes six to eight hours, while
using a belt press takes eight to ten hours. The Vendor shall ensure that trailers remain on-site until fully
loaded and manage the movement of tankers and trailers effectively.
The East WRF features only an outdoor pump station and no loading bay, while the Northeast and Marshall
Street WRFs have loading bays. WRF employees shall ensure trailers are not overloaded. In case of an
overload, WRF staff shall collaborate with the Vendor to resolve the issue in a mutually acceptable manner.
4.6 Regulatory Requirements
v. 7.2024 21
The Vendor shall be responsible to comply with existing FDEP and EPA biosolids treatment and disposal
regulations, and any changes made in these regulations during the contract period.
The Vendor shall meet the requirements of all regulatory bodies having jurisdiction over the transport,
treatment, and disposal of biosolids. The Vendor assumes all responsibility for biosolids analysis as
required in Chapter 62-640, F.A.C. The City of Clearwater’s biosolids shall be disposed of in a manner
which shall not cause or contribute to a nuisance odor as outlined in Chapter 62-640.400(6), F.A.C.
Any spillage, leakage, or release of biosolids in transit or at any other location other than an FDEP approved
disposal site shall be reported to the Public Utilities Division Manager and all regulatory agencies within
twenty-four (24) hours of the occurrence. The Vendor shall include details of the quantity and ultimate
disposal method. All clean-up costs are the responsibility of the Vendor.
The Vendor agrees, upon receipt of biosolids from the City, that they shall be treated as required by Chapter
62-640, F.A.C. and STANDARDS FOR THE USE OR DISPOSAL OF SEWAGE SLUDGE as outlined in 40
Code of Federal Regulation (CFR) Part 503, to accept responsibility for proper treatment and disposal of
the biosolids as required by Chapter 62-640, F.A.C. Vendor shall be aware of and shall comply with
requirements for proper disposal as described in the existing and any subsequently issued operating
permits for each WRF issued by the FDEP in their most recent form.
The City of Clearwater’s Northeast WRF Permit was issued by FDEP on November 18, 2022, and expires
on November 17, 2027. The East WRF Permit was issued by FDEP on July 19, 2022, and expires on July
18, 2027. The Permit for the Marshall Street WRF was issued on February 16, 2012, and expires on
February 15, 2027. The Northeast, East and Marshall Street WRFs permits shall be renewed during the
first year of the contract and conditions may or may not require modification to the biosolids handling,
transporting, and disposal requirements as required as part of any new Part 62-640 Rule provisions
associated with the scope of work.
Should new regulatory requirements or mandate materially change the conditions through which the Vendor
is required to perform the work, the City and/or Vendor shall have the opportunity to negotiate a mutually
agreed upon change order for affected line items in the contract. If such a mutually agreed upon change
order cannot be derived the City may opt to re-advertise for services.
BIDDERS ARE HEREBY NOTIFIED THAT THEY SHALL BE FULLY AWARE OF AND KNOWLEGABLE
ABOUT THE PROVISIONS OF ALL CURRENT APPLICABLE REGULATORY RULES AND
REGULATIONS AND SHALL INCLUDE IN BID PRICES THE COSTS ASSOCIATED WITH FULL
COMPLIANCE WITH SAME. FAILURE OF THE VENDOR TO BE FULLY KNOWLEGABLE OF AND
FULLY AWARE OF ALL CURRENT APPLICABLE REGULATORY RULES AND REGULATIONS
SHALL NOT ENTITLE THE VENDOR TO CLAIM A CHANGE IN THE SCOPE OF WORK AND/OR
CHANGE ORDER CLAIM.
4.7 Communications
The Vendor shall ensure that the Public Utilities Division Manager can reach them at any time, twenty-four
(24) hours a day, seven (7) days a week. The Vendor shall be required to provide two contact points within
30 days of receiving an Intent to Award. Acceptable contact methods include an answering service,
electronic paging device, or cellular phone, with a response time of no more than 30 minutes from the Public
Utilities Division Manager's contact attempt. Public Utilities reserves the right to request different drivers if
their performance negatively impacts operations and compliance. Additionally, Public Utilities retains the
right to inspect land application sites, RMFs, or landfill sites as needed. All communication from the Vendor
to Public Utilities shall be directed through the Public Utilities Division Manager, Chief Operator, or Lead
Operator, with contact details for these personnel provided to the successful bidder. Public Utilities shall
issue a two-week look-ahead schedule weekly but may adjust this schedule for operational emergencies,
with immediate notification to the Vendor in such cases.
v. 7.2024 22
4.8 Regulatory Permits, Forms, Plans and Licenses
The Vendor shall be responsible for obtaining, maintaining and paying for all permits, licenses and
registration required by regulatory agencies having jurisdiction over the treatment, transportation, and
disposal of wastewater biosolids.
The Vendor shall have the required permits for proper reuse and/or disposal of the biosolids. After the
contract is awarded, the awarded Vendor shall submit copies of all required FDEP Forms; Plans; all permit
applications; approved permits with site plans; and any and all other documentation as required by the
regulatory agencies, to Public Utilities, at no additional cost.
Note that after an Intent to Award is issued, Public Utilities is requiring the awarded Vendor to
submit two (2) copies of the Treatment Facility Biosolids Plan(s), Biosolids Site Permits, and
Nutrient Management Plan for each application site. A bidder shall have multiple sludge disposal sites
and submit a list of their sites with their bid submittal. Bidders with a single site shall not be considered.
Records and reports shall be submitted to the Public Utilities Division Manager, as required in section 4.13.
Reporting.
4.9 Cleanup
The Vendor shall submit their spill cleanup standard operating procedures at the start of the
contract. Additionally, the Vendor shall be required to clean up the job site at the WRFs and biosolids
disposal sites at the end of each operational day.
Daily cleanup shall include the removal of soil or biosolids dropped on any roads or on public and private
property, as well as the cleanup of the biosolids loading station, cleanup and removal of spilled biosolids,
debris, and sanitizing any spill area. Daily cleanup shall also include cleaning of any straw, hay or other
materials that the Vendor uses to line their trailers.
Any spillage of biosolids on the City of Clearwater property shall be reported to the Public Utilities Division
Manager, or the Facility Chief Operator immediately, but no later than one (1) hour after the spill
occurs. Any spillage of biosolids on the City of Clearwater property shall be reported by the Public Utilities
Division Manager with input from the Vendor as required in section 4.6. Regulatory Requirements. Any
expenses incurred by the City for cleanup of spills made by the Vendor shall be charged back to the Vendor.
4.10 Equipment
The Vendor shall be required to provide all necessary equipment for biosolids removal and disposal
including hauling vehicles. The Vendor is to own or be sole lessee of the equipment utilized in the
performance of the Contract (i.e., no Owner/Operator tractors). The hauling vehicles shall have the
company name and contact information prominently displayed.
All equipment and vehicles shall be in optimal operating condition, free of oil and fluid leaks, and properly
maintained to ensure the safety of City residents, City personnel, and Vendor personnel.
All gauges that measure weight or volume, including level, shall be in working order and calibrated at least
annually. Trailer numbers and trailer capacities shall be provided at the beginning of the contract or as new
trailers are utilized. All hauling vehicles shall have a functional site gauge marked in a fashion to be
representative of tank capacity when hauling liquid solids. If a site gauge on a vehicle reporting to a WRF
is not functional, i.e., plugged or stained, it shall be unplugged if plugged and replaced if stained before the
vehicle returns to the wastewater treatment plant for another load. All hauling vehicles shall arrive at the
WRFs completely empty. Any method or means to maintain clean and empty truck beds shall be
preapproved by the Public Utilities Division. All hauling vehicles shall remove the remaining solids left in
the truck(s) before arriving at the WRFs. The Vendor shall maintain tarps and/or covers in good working
v. 7.2024 23
condition with no holes. All tarp(s) and/or cover(s) shall be used when storing trucks or transporting
biosolids at the WRFs.
The Vendor is required to provide all equipment that may be necessary to provide all services specified
herein. All equipment shall be in good working condition so that it can be safely operated and does not
present a threat to people, private or public property. The Vendor shall be required to properly maintain all
equipment that is needed to execute the services set forth in this contract, as well as to minimize down time
and should be appropriate for the application. The Vendor shall minimize any odors that originate from its
trucks as much as possible.
The Public Utilities Division Manager reserves the right to turn away any hauling vehicles/equipment that
arrive in an unsafe condition, have obviously not been maintained, or are excessively dirty from the WRFs.
Equipment used shall be designated for such usage and not be contaminated with any other materials.
4.11 Payments and Penalties
The Vendor shall provide one (1) original and one (1) copy of the hauling receipt for every truckload of
biosolids hauled from the WRF’s. The hauling receipt shall legibly include weight of biosolids and truck tare
weight. Each truckload shall have a designated hauling receipt number. These receipts shall be left with
the Chief Operator or Lead Operator on the same day that the biosolids are removed.
These receipts shall include company name, date, time of arrival, time of departure, trailer tag number,
disposal site, ground water depth, and volume in gallons or wet ton weight, driver’s printed name and
signature and Owner’s personnel signature and any other information required by any applicable regulatory
agency. A licensed wastewater operator shall review and initial each receipt.
The Vendor shall submit an invoice to the City of Clearwater Public Utilities Accounting Division for payment
upon their schedule but not more frequently than once every thirty (30) day period. Included with the
invoice, the Vendor shall delineate any third-party that shall further treat the biosolids and provide the
hauling receipt. Included with the invoice shall be Biosolids Application Site Log (FDEP Form 62-
640.210(2)(e) for each WRF which shall include and summarize each load ticket number including which
site biosolids were applied, and total summary of wet tons and dry tons sent to each site and other
information requested in the form. Such form shall be signed and dated by an authorized representative of
the company. No invoice for payment shall be submitted without the completed biosolids record keeping
form.
On an annual basis, but no later than January 15th of each year, the Vendor shall submit completed FDEP
Standard Domestic Wastewater Forms: Treatment Facility Biosolids Annual Summary (DEP Form 62-
640.210(2)(b)), Biosolids Site Permit Application (DEP Form 62-640.210(2)(d)), along with copies of any
revisions made to the site Nutrient Management Plan (62-640.650(5)(d), F.A.C.), cumulative loadings of
metals, and any and all other documents required by any applicable regulatory agency.
The Vendor shall provide a numbered ticketing system for the hauling receipts that shall effectively identify
the following: the date, the time the load is removed, gallons or wet ton weight, the driver, trailer number,
Public Utilities Staff signature, site name, site ID No., and any other information necessary to track the
removal of biosolids from the Public Utilities’ facilities. This ticketing system shall be multi-copy so each of
the parties may receive a copy of each load.
Bills for full truckloads of liquid biosolids will be rejected. Liquid biosolids shall be billed based on actual
gallons received, as determined and agreed upon by the WRF employee and the Vendor’s driver.
An invoice cannot be processed until the hauling receipts are received.
Payments shall be based upon the biosolids hauling volume calculated by the Chief Operator or Lead
Operator not necessarily that which is invoiced. Differences between invoiced and calculated volumes shall
v. 7.2024 24
be reconciled between the Vendor and the Public Utilities Division Manager before payment on the disputed
volume is authorized.
The Vendor may observe Chief Operator, Lead Operator, or Public Utilities Division Manager calculation
methods and may have drivers witness measurements used in calculations.
If the Vendor does not remove the quantity scheduled by the Chief Operator or Lead Operator the Vendor
has up to forty-eight (48) hours to make up the lost quantity while still meeting the regularly scheduled
quantity.
If the Vendor does not make up the lost quantity within forty-eight (48) hours, the Vendor shall receive liquid
damages of one hundred ($100) dollars per day delay in material removal, to be deducted from applicable
invoice.
An ongoing failure to haul the quantities set forth herein in the noted timeframes shall be deemed a material
breach of this Contract.
4.12 Manifests and Truck Tracking
The Marshall Street and Northeast WRFs have scales and are able to provide a net weigh ticket for each
load of pressed biosolids removed. Public Utilities’ scales are certified annually by the Florida Department
of Agriculture. For auditing purposes, the Vendor shall also provide the net weights for pressed biosolids
received with the hauling receipts.
4.13 Reporting
Public Utilities shall provide the Vendor biosolids analysis data for the biosolids produced at the Marshall
Street and Northeast facilities six (6) times yearly (every other month). In addition, the Vendor shall supply
Public Utilities with all reports and forms required by FDEP as stated in Chapter 62-640, F.A.C. and as
outlined in this solicitation. Vendor shall provide Public Utilities with all necessary forms, reports and
documentation necessary to assist the Public Utilities in the preparation of its Annual Biosolids Report (503
Report). Vendor shall also provide any and all reports and/or data required by any applicable Federal, State,
and/or Local regulatory agency rule and/or regulation.
Land Application – The Vendor shall furnish to the Public Utilities Division Manager quarterly facility and
field operation reports. These reports shall summarize the past quarter and be provided no later than the
end of the month following the quarter (i.e. Jan-Mar is due by April 30).
Residuals Management Facility (RFM) and/or Landfill – If the Vendor utilizes an offsite third-party
preparer to dispose or to further treat the biosolids the Vendor shall provide all information required by
Public Utilities to complete the annual 503 report. These reports shall summarize the past quarter and be
provided to the Public Utilities Division Manager no later than the end of the month following the quarter
(i.e., Jan-Mar is due by April 30).
4.14 Minimum Qualifications
In addition to requirements specified throughout this solicitation, the bidder shall have the following
minimum qualifications:
Current FDEP approved disposal sites, site numbers and be currently compliant with all FDEP and EPA
rules and regulations. The Vendor shall provide their spill cleanup standard operating procedures at the
outset of the contract.
Current biosolids transportation licenses included with bid submittal.
v. 7.2024 25
Competent operators with appropriate Commercial Drivers Licenses (CDL) for the operation of all Vendor
equipment. All operators that shall be working under the terms of this contract shall submit a copy of their
CDL license with bid submittal.
Bidder shall provide a statement acknowledgement that, if selected, they agree that they shall provide the
City on a quarterly basis, or assist the City with completing the following regulatory documents:
o Treatment Facility Biosolids Plan, Form 62-640.210(2)(a)
o Treatment Facility Biosolids Annual Summary, Form 62-640.210(2)(b)
o Biosolids Application Site Annual Summary, Form 62-640.210(2)(c)
o Permits for all RMF sites and land application sites.
o Nutrient Management Plan
o All data and information required for the City to complete the annual EPA Part 503 report.
4.15 References
Vendor shall provide with bid submittal at least three (3) customer references showing a minimum of five
(5) years’ experience in the biosolids removal, hauling and disposal industry within the State of Florida. If
the provided references do not cover a five (5) year period, Vendor shall submit additional documentation
or list of customers providing five (5) years of experience.
INSURANCE REQUIREMENTS
A list of Insurance Policies that may be required.
5.1 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:
5.2 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.
5.3 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.
5.4 Workers’ Compensation Insurance
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
v. 7.2024 26
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.
5.5 Pollution and/or Asbestos Legal Liability Insurance
Where the Agreement involves asbestos and/or environmental hazards/contamination risks (defined
broadly, e.g. lead, mold, bacteria, fuel storage, underground work, cleanup (owned or non-owned
sites),pollutant generation/transportation, marine/natural resource damage, contamination claim,
restitution, business interruption, mold, fungus, lead-based paint, 3rd party claims/removal, etc.), with limits
of at least $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) aggregate,
maintained for at least 3 years after Agreement completion.
5.6 Waiver of Subrogation
With regard to any policy of insurance that would pay third party losses, Firm hereby grants City a waiver
of any right to subrogation which any insurer of Firm may acquire against the City by virtue of the payment
of any loss under such insurance. Firm agrees to obtain any endorsement that may be necessary to affect
such waiver, but this provision shall apply to such policies regardless.
The above insurance limits may be achieved by a combination of primary and umbrella/excess liability
policies.
5.7 Other Insurance Provisions
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, 02-25
P.O. Box 4748
Clearwater, FL 33758-4748
Vendor shall provide thirty (30) days written notice of any cancellation, non-renewal, termination, material
change or reduction in coverage.
Vendor’s insurance as outlined above shall be primary and non-contributory coverage for Vendor’s
negligence.
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.
v. 7.2024 27
MILESTONES
6.1 Anticipated Beginning and End of Initial Term
The initial term is estimated to be from January 2025 through December 2027.
If the commencement of performance is delayed because the City does not execute the contract on the
start date, the City may adjust the start date, end date and milestones to reflect the delayed execution.
6.2 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.
6.3 Renewal
At the end of the initial term of this contract, the City may initiate renewal(s) as provided herein. The
decision to renew a contract rests solely with the City. The City will give written notice of its intention to
renew the contract no later than thirty (30) days prior to the expiration.
Two (2), One (1) year renewal(s) are possible at the City’s option.
6.4 Prices
All pricing shall be firm for the initial term of three (3) years 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. Renewal prices shall
be firm for each renewal term listed above.
D. No fuel surcharges will be accepted.
BID SUBMISSION
7.1 Bid Submission
The City prefers responses are submitted electronically through the City's e-Procurement Portal located at
https://procurement.opengov.com/portal/myclearwater.
v. 7.2024 28
Without exception, responses will not be accepted after the submission deadline regardless of any technical
difficulties such as poor internet connections. The City strongly recommends completing your response well
ahead of the deadline.
Bidders can get help through OpenGov Assist, located on the bottom right of the OpenGov portal.
Submittal Requirements can be found under Section 9 of this solicitation.
PRICING SHEET
Pursuant to the contract specifications enumerated and described in this solicitation, we agree to furnish
Biosolids Management Services to the City of Clearwater at the price(s) stated below.
DELIVERY REQUIREMENTS
FOB: Destination, Freight Prepaid and Allowed
Freight Costs: Unit prices should include all freight and transportation charges
PAYMENT TERMS:
• City of Clearwater’s standard payment terms are NET30
• Electronic Funds Transfer (EFT) / Automated Clearing House (ACH
BASE BID ITEMS
Estimated Weekly Quantity
Line Item Description Quantity Unit of
Measure
Unit Cost Total No Bid
1 Northeast WRF
Biosolids (Dewatered
Cake) to RMF
190 Per Ton
2 Marshall Street WRF
Biosolids (Dewatered
Cake) to RMF
60 Per Ton
3 Liquid Sludge
(Approximately 5%
Total Solids) From
East WRF to
Northeast WRF
55,000 Per Gallon
v. 7.2024 29
Line Item Description Quantity Unit of
Measure
Unit Cost Total No Bid
4 Liquid Sludge
(Approximately 5%
Total Solids) From
East WRF to
Marshall Street WRF
55,000 Per Gallon
TOTAL
ALTERNATE BID ITEMS
Estimated Weekly Quantity
Line Item Description Quantity Unit of
Measure
Unit Cost Total No Bid
1 Dewatered Class B
Biosolids to Land
Application
250 PerTon
2 Dewatered Class B
Biosolids to Landfill
250 PerTon
3 Liquid Biosolids
(Approximately 5%
Total Solids) From
Marshall Street WRF
to Northeast WRF
275,000 Per Gallon
4 Liquid Biosolids
(Approximately 5%
Total Solids) From
Northeast WRF to
Marshall Street WRF
275,000 Per Gallon
5 The Removal and
Disposal by
Incorporation of
Dewatered Class B
Biosolids
1 Per Ton
TOTAL
SUBMITTAL REQUIREMENTS
1 Exceptions*
v. 7.2024 30
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.
Do you have any exceptions to the provisions or specifications?
☐ Yes
☐ No
*Response required
When equals "Yes"
Exceptions Taken*
**Special Note – Any material exceptions taken to the City’s Terms and Conditions may render
a Proposal non-responsive.
Upload a copy of any exceptions taken to the provisions or specifications in this solicitation.
*Response required
2 Additional Materials*
Have you included any additional materials?
☐ Yes
☐ No
*Response required
When equals "Yes"
Description of Additional Materials*
Provide a brief description of the additional materials included.
*Response required
3 Certified Business*
Are you a Certified Small Business or a Certified Minority, Woman or Disadvantaged Business
Enterprise?
☐ Yes
☐ No
*Response required
When equals "Yes"
Certified Business Type*
Pick one of the following.
☐ Certified Small Business
☐ Certified Minority, Woman, or Disadvantaged Business Enterprise
*Response required
When equals "Yes"
v. 7.2024 31
Certifying Agency*
List the Agency that provided your certification.
*Response required
When equals "Yes"
Certification Documentation*
Provide a copy of your certification.
*Response required
4 Vendor Certification*
By submitting this response, the Vendor hereby certifies that:
A. It is under no legal prohibition on contracting with the City of Clearwater.
B. It has read, understands, and is in compliance with the specifications, terms and conditions stated
herein, as well as its attachments, and any referenced documents.
C. It has no known, undisclosed conflicts of interest.
D. The prices offered were independently developed without consultation or collusion with any of the
other vendors or potential vendors 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
commodities or services covered by this contract. The Vendor has not influenced or attempted to
influence any City employee, officer, elected official, or consultant in connection with the award of
this contract.
F. It understands the City may copy all parts of this response, including without limitation any
documents or materials copyrighted by the Vendor, for internal use in evaluating respondent’s offer,
or in response to a public records request under Florida’s public records law (F.S. Chapter 119) or
other applicable law, subpoena, or other judicial process; provided that the City agrees not to
change or delete any copyright or proprietary notices.
G. It hereby warrants to the City that the Vendor and its subcontractors will comply with, and are
contractually obligated to comply with, all federal, state, and local laws, rules, regulations, and
executive orders.
H. It certifies that Vendor is not presently debarred, suspended, proposed for debarment, declared
ineligible, voluntarily excluded, or disqualified from participation in this matter from any federal,
state, or local agency.
I. It will provide the commodities or services specified in compliance with all federal, state, and local
laws, rules, regulations, and executive orders if awarded by the City.
J. It is current in all obligations due to the City.
K. It will accept all terms and conditions as set forth in this solicitation if awarded by the City.
L. The signatory is an officer or duly authorized representative of the Vendor with full power and
authority to submit binding offers and enter into contracts for the commodities or services as
specified herein.
v. 7.2024 32
☐ Please confirm
*Response required
5 E-Verify System Certification*
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 confirming below, certifies that:
A. The Contractor and its Subcontractors are aware of the requirements of Florida Statute 448.095.
B. The Contractor and its Subcontractors are registered with and using the E-Verify system to verify
the work authorization status of newly hired employees.
C. 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.
D. The Subcontractor will provide the Contractor with an affidavit stating that the Subcontractor does
not employ, contract with, or subcontract with unauthorized alien.
E. The Contractor must maintain a copy of such affidavit.
F. 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).
G. 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.
H. The Contractor is liable for any additional cost incurred by the City as a result of the termination of
this Contract.
☐ Please confirm
*Response required
6 References*
Please download the below documents, complete, and upload.
• References.pdf
*Response required
7 Acknowledgment Statement*
Upload acknowledge statement per Section 4.14 Minimum Qualifications
*Response required
8 FDEP current approved disposal sites and numbers*
Upload approved disposal sites and numbers as referenced under Section 4.14 Minimum Qualifications
*Response required
9 Licenses*
v. 7.2024 33
Upload current biosolids transportation licenses as referenced in Section 4.14 Minimum Qualifications
*Response required
10 Operators CDL Licenses*
Upload CDL licenses per Section 4.14 Minimum Qualifications
*Response required
11 Scrutinized Company Certification*
Please download the below documents, complete, and upload.
• SCRUTINIZED_COMPANIES_AND_B...
*Response required
12 Compliance with Anti-Human Trafficking Laws*
Please download the below documents, complete, and upload.
• Compliance_with_787.06_form...
*Response required
13 W-9*
Upload your current W-9. Link: http://www.irs.gov/pub/irs-pdf/fw9.pdf)
*Response required
v. 7.2024 34
Sue Bell, Sr Project Manager
Sincerely,
SBell@aellab.com
September 09, 2024
Doniela Prifti
City of Clearwater
RE: Workorder:T2419522 MS Bimonthly 503 Sludge
Dear Doniela Prifti:
Enclosed are the analytical results for sample(s) received by the laboratory on Monday August 19, 2024. Results reported herein conform to the most
current NELAC standards, where applicable, unless otherwise narrated in the body of the report. The analytical results for the samples contained in
this report were submitted for analysis as outlined by the Chain of Custody and results pertain only to these samples.
If you have any questions concerning this report, please feel free to contact me.
Advanced Environmental Laboratories, Inc
9610 Princess Palm Ave Tampa, FL 33619
Payments: P.O. Box 551580 Jacksonville, FL 32255-1580
Phone: (813) 630-9616
Fax: (813) 630-4327
Workorder:
FINAL
MS Bimonthly 503 Sludge (T2419522)
Monday, September 9, 2024 4:32:09 PM
Dates and times are displayed using (-04:00)
Page 1 of 16
POWERED BY
v.13.1.0
Certificate of AnalysisThis report shall not be reproduced, except in full,
without the written consent of Advanced Environmental Laboratories, Inc.
NELAP Accredited E84589
Sample Summary
Lab ID Sample ID Matrix Method Date Collected Date Received
Analytes
Reported Basis
T2419522001 MS 503 SLG # 8
Composite SO Calculation 08/19/2024 08:20 08/19/2024 12:20 2 Dry
T2419522001 MS 503 SLG # 8
Composite SO EPA 350.1 08/19/2024 08:20 08/19/2024 12:20 1 Dry
T2419522001 MS 503 SLG # 8
Composite SO EPA 351.2 08/19/2024 08:20 08/19/2024 12:20 1 Dry
T2419522001 MS 503 SLG # 8
Composite SO EPA 365.4 08/19/2024 08:20 08/19/2024 12:20 1 Dry
T2419522001 MS 503 SLG # 8
Composite SO SM 2540G 08/19/2024 08:20 08/19/2024 12:20 1 Dry
T2419522001 MS 503 SLG # 8
Composite SO SM 4500NO3-F 08/19/2024 08:20 08/19/2024 12:20 1 Dry
T2419522001 MS 503 SLG # 8
Composite SO SW 9045C 08/19/2024 08:20 08/19/2024 12:20 1 Dry
T2419522001 MS 503 SLG # 8
Composite SO SW-846 6010 08/19/2024 08:20 08/19/2024 12:20 11 Dry
T2419522001 MS 503 SLG # 8
Composite SO SW-846 7471A 08/19/2024 08:20 08/19/2024 12:20 1 Dry
Advanced Environmental Laboratories, Inc
9610 Princess Palm Ave Tampa, FL 33619
Payments: P.O. Box 551580 Jacksonville, FL 32255-1580
Phone: (813) 630-9616
Fax: (813) 630-4327
Workorder:
FINAL
MS Bimonthly 503 Sludge (T2419522)
Monday, September 9, 2024 4:32:09 PM
Dates and times are displayed using (-04:00)
Page 2 of 16
POWERED BY
v.13.1.0
Certificate of AnalysisThis report shall not be reproduced, except in full,
without the written consent of Advanced Environmental Laboratories, Inc.
NELAP Accredited E84589
Workorder Summary
Batch Comments
CVAt/2312 - HG Analysis,CVAA,Non-Aqueous
F2405209001 required a dilution due to the presence of a foamy sample matrix. The dilution was necessary to prevent foam over during the purge
cycle, resulting in instrument damage.
ICPt/5012 - ICP 6010B Analysis
The matrix spike (MS) and Matrix Spike Duplicate (MSD) recoveries of lead for T2419716001 were outside control criteria. Recoveries in the
Laboratory Control Sample (LCS)were acceptable, which indicates the analytical batch was in control. No further corrective action is required.
WCAt/32708 - Ammonia,E350.1,Soil
The matrix spike recoveries of Ammonia for T2419523001 (MS 949% and MSD 414%) were outside the acceptance range of 90 – 110%. Recovery in
the Laboratory Control Sample (LCS) was acceptable, which indicates the analytical batch was in control. The matrix spike outliers suggest a
potential high bias in this matrix. No corrective action was required.”
WCAt/32771 - Total Phosphorus,E365.4,Soil
The matrix spike recoveries of TP T2417609001 (MS -20% and MSD -29%) were outside control criteria. Recovery in the Laboratory Control Sample
(LCS) was acceptable, which indicates the analytical batch was in control. The matrix spike outliers suggest a potential low bias in this matrix. No
corrective action was required
Advanced Environmental Laboratories, Inc
9610 Princess Palm Ave Tampa, FL 33619
Payments: P.O. Box 551580 Jacksonville, FL 32255-1580
Phone: (813) 630-9616
Fax: (813) 630-4327
Workorder:
FINAL
MS Bimonthly 503 Sludge (T2419522)
Monday, September 9, 2024 4:32:09 PM
Dates and times are displayed using (-04:00)
Page 3 of 16
POWERED BY
v.13.1.0
Certificate of AnalysisThis report shall not be reproduced, except in full,
without the written consent of Advanced Environmental Laboratories, Inc.
NELAP Accredited E84589
Parameter Qualifiers
U The compound was analyzed for but not detected.
I The reported value is between the laboratory method detection limit and the laboratory practical quantitation limit.
Analytical Results Qualifiers
Lab Qualifiers
T DOH Certification #E84589 (FL NELAC) AEL-Tampa
Advanced Environmental Laboratories, Inc
9610 Princess Palm Ave Tampa, FL 33619
Payments: P.O. Box 551580 Jacksonville, FL 32255-1580
Phone: (813) 630-9616
Fax: (813) 630-4327
Workorder:
FINAL
MS Bimonthly 503 Sludge (T2419522)
Monday, September 9, 2024 4:32:09 PM
Dates and times are displayed using (-04:00)
Page 4 of 16
POWERED BY
v.13.1.0
Certificate of AnalysisThis report shall not be reproduced, except in full,
without the written consent of Advanced Environmental Laboratories, Inc.
NELAP Accredited E84589
Analytical Results
T2419522001Lab ID:
Sample ID:MS 503 SLG # 8
Composite
Date Collected:08/19/2024 08:20
Date Received:08/19/2024 12:20
Matrix:Soil
Parameter Results Units PQL MDL DF Prepared Analyzed Lab
METALS (SW-846 3010A/SW-846 6010)
Standard WEP 2660 mg P/Kg 5.0 1.0 1 08/22/2024 14:00 09/09/2024 13:56 T
METALS (SW-846 3050B/SW-846 6010)
Arsenic 7.65 mg/Kg 1.3 0.64 1 08/21/2024 15:15 08/22/2024 11:45 T
Cadmium 0.856 mg/Kg 0.26 0.13 1 08/21/2024 15:15 08/22/2024 11:45 T
Chromium 38.0 mg/Kg 1.3 1.0 1 08/21/2024 15:15 08/22/2024 11:45 T
Copper 415 mg/Kg 1.3 0.64 1 08/21/2024 15:15 08/22/2024 11:45 T
Lead 12 mg/Kg 1.3 0.64 1 08/21/2024 15:15 08/22/2024 11:45 T
Molybdenum 7.25 mg/Kg 6.4 1.0 1 08/21/2024 15:15 08/22/2024 11:45 T
Nickel 15.4 mg/Kg 1.3 0.64 1 08/21/2024 15:15 08/22/2024 11:45 T
Potassium 2290 mg/Kg 130 100 1 08/21/2024 15:15 08/22/2024 11:45 T
Selenium 3.69 I mg/Kg 13 2.6 1 08/21/2024 15:15 08/22/2024 11:45 T
Zinc 762 mg/Kg 13 6.4 1 08/21/2024 15:15 08/22/2024 11:45 T
METALS (SW-846 7471A)
Mercury 0.014 U mg/Kg 0.029 0.014 2 08/27/2024 08:45 08/27/2024 12:34 T
WET CHEMISTRY (Calculation)
PWEP 38.0 %1 09/09/2024 14:54 09/09/2024 14:54 T
Total Nitrogen 12300 mg/Kg 50 18 1 09/05/2024 14:17 09/05/2024 14:17 T
WET CHEMISTRY (Copper Sulfate Digestion Solid/EPA 351.2)
Total Kjeldahl Nitrogen 12300 mg/Kg 2400 890 10 08/21/2024 12:17 08/21/2024 12:17 T
WET CHEMISTRY (Copper Sulfate Digestion Solid/EPA 365.4)
Total Phosphorus (as P)0.700 %0.24 0.13 10 08/21/2024 12:17 08/21/2024 12:17 T
WET CHEMISTRY (EPA 350.1)
Ammonia (N)7340 mg/Kg 2464.27 616.07 50 08/26/2024 13:13 08/26/2024 13:13 T
WET CHEMISTRY (SM 2540G)
Percent Solid 20.3 %0.0010 0.0010 1 08/21/2024 14:00 08/21/2024 14:00 T
WET CHEMISTRY (SM 4500NO3-F)
Nitrate + Nitrite 9.81 I mg/Kg 9.9 3.8 1 08/22/2024 11:36 08/22/2024 11:36 T
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MS Bimonthly 503 Sludge (T2419522)
Monday, September 9, 2024 4:32:09 PM
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Analytical Results
T2419522001Lab ID:
Sample ID:MS 503 SLG # 8
Composite
Date Collected:08/19/2024 08:20
Date Received:08/19/2024 12:20
Matrix:Soil
Parameter Results Units PQL MDL DF Prepared Analyzed Lab
WET CHEMISTRY (SW 9045C)
pH 8.10 SU 1 08/20/2024 14:35 08/20/2024 14:35 T
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MS Bimonthly 503 Sludge (T2419522)
Monday, September 9, 2024 4:32:09 PM
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QC Batch:CVAt/2312
Preparation Method:SW-846 7471A
Associated Lab IDs:T2419522001
Analysis Method:SW-846 7471A
Parameter Results Units PQL MDL Lab
Mercury 0.0014 U mg/Kg 0.0030 0.0014 T
Method Blank(5446690)
Lab Control Sample (5446691)
Parameter Units Spiked Amount Spike Result Spike Recovery Control Limits Lab
Mercury mg/Kg 0.03 0.0314 105 80 - 120 T
QC Results
Advanced Environmental Laboratories, Inc
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MS Bimonthly 503 Sludge (T2419522)
Monday, September 9, 2024 4:32:09 PM
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QC Batch:ICPt/5012
Preparation Method:SW-846 3050B
Associated Lab IDs:T2419522001
Analysis Method:SW-846 6010
Parameter Results Units PQL MDL Lab
Arsenic 0.12 U mg/Kg 0.25 0.12 T
Cadmium 0.025 U mg/Kg 0.050 0.025 T
Chromium 0.20 U mg/Kg 0.25 0.20 T
Copper 0.12 U mg/Kg 0.25 0.12 T
Potassium 20 U mg/Kg 25 20 T
Molybdenum 0.20 U mg/Kg 1.2 0.20 T
Nickel 0.12 U mg/Kg 0.25 0.12 T
Lead 0.12 U mg/Kg 0.25 0.12 T
Selenium 0.50 U mg/Kg 2.5 0.50 T
Zinc 1.2 U mg/Kg 2.5 1.2 T
Method Blank(5447268)
Lab Control Sample (5447269)
Parameter Units Spiked Amount Spike Result Spike Recovery Control Limits Lab
Arsenic mg/Kg 25 24.5 98 80 - 120 T
Cadmium mg/Kg 2.50 2.48 99 80 - 120 T
Chromium mg/Kg 25 24.1 97 80 - 120 T
Copper mg/Kg 25 24 96 80 - 120 T
Potassium mg/Kg 250 240 96 80 - 120 T
Molybdenum mg/Kg 2.50 2.49 99 80 - 120 T
Nickel mg/Kg 25 23.9 96 80 - 120 T
Lead mg/Kg 25 25 102 80 - 120 T
Selenium mg/Kg 25 24.7 99 80 - 120 T
Zinc mg/Kg 25 25.3 101 80 - 120 T
Matrix Spike (5447270); Matrix Spike Duplicate (5447271); Original (T2419716001); Parent Lab Sample (T2419716001)
Parameter Units
Spiked
Amount
Spike
Result
Spike
Recovery
Control
Limits
Dup
Result
Dup
Recovery RPD
RPD
Limit Lab
Arsenic mg/Kg 26.30 20.7 78 75 - 125 20.8 79 1 20 T
Cadmium mg/Kg 2.63 2.55 94 75 - 125 2.56 95 0 20 T
Chromium mg/Kg 26.30 26.6 94 75 - 125 26.7 94 0 20 T
Copper mg/Kg 26.30 26.6 93 75 - 125 26.7 94 1 20 T
Potassium mg/Kg 263 301 94 75 - 125 298 93 1 20 T
Molybdenum mg/Kg 2.63 1.72 58 75 - 125 1.71 57 1 20 T
QC Results
Advanced Environmental Laboratories, Inc
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MS Bimonthly 503 Sludge (T2419522)
Monday, September 9, 2024 4:32:09 PM
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QC Batch:ICPt/5012
Preparation Method:SW-846 3050B
Associated Lab IDs:T2419522001
Analysis Method:SW-846 6010
Parameter Units
Spiked
Amount
Spike
Result
Spike
Recovery
Control
Limits
Dup
Result
Dup
Recovery RPD
RPD
Limit Lab
Nickel mg/Kg 26.30 24.8 93 75 - 125 24.5 92 1 20 T
Lead mg/Kg 26 40 56 75 - 125 40 57 1 20 T
Selenium mg/Kg 26.30 22.1 84 75 - 125 22.2 84 1 20 T
Zinc mg/Kg 26.30 33.5 87 75 - 125 33.1 86 1 20 T
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MS Bimonthly 503 Sludge (T2419522)
Monday, September 9, 2024 4:32:09 PM
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QC Batch:WCAt/32601
Preparation Method:SM 2540G
Associated Lab IDs:T2419522001
Analysis Method:SM 2540G
Parameter Original Duplicate Units RPD RPD Limit Lab
Percent Solid 14.13468 13.74695 %3 10 T
Sample Duplicate (5446591); Original (A2408822001); Parent Lab Sample (T2419522001)
QC Results
Advanced Environmental Laboratories, Inc
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MS Bimonthly 503 Sludge (T2419522)
Monday, September 9, 2024 4:32:09 PM
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QC Batch:WCAt/32624
Preparation Method:SM 4500NO3-F
Associated Lab IDs:T2419522001
Analysis Method:SM 4500NO3-F
Parameter Results Units PQL MDL Lab
Nitrate + Nitrite 0.78 U mg/Kg 2.0 0.78 T
Method Blank(5448274)
Lab Control Sample (5448275)
Parameter Units Spiked Amount Spike Result Spike Recovery Control Limits Lab
Nitrate + Nitrite mg/Kg 20 19.9 99 90 - 110 T
Matrix Spike (5448276); Matrix Spike Duplicate (5448277); Original (A2408822001); Parent Lab Sample (A2408822001)
Parameter Units Spiked Amount Spike Result Spike Recovery Control Limits Dup Result Dup Recovery RPD RPDLimit Lab
Nitrate + Nitrite mg/Kg 20 22.5 101 90 - 110 22.7 102 1 10 T
QC Results
Advanced Environmental Laboratories, Inc
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MS Bimonthly 503 Sludge (T2419522)
Monday, September 9, 2024 4:32:09 PM
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QC Batch:WCAt/32708
Preparation Method:EPA 350.1
Associated Lab IDs:T2419522001
Analysis Method:EPA 350.1
Parameter Results Units PQL MDL Lab
Ammonia (N)2.50 U mg/Kg 10.00 2.50 T
Method Blank(5452314)
Lab Control Sample (5452315)
Parameter Units Spiked Amount Spike Result Spike Recovery Control Limits Lab
Ammonia (N)mg/Kg 5 4.97 99.4 90 - 110 T
Matrix Spike (5452316); Matrix Spike Duplicate (5452317); Original (T2419523001); Parent Lab Sample (T2419523001)
Parameter Units Spiked Amount Spike Result Spike Recovery Control Limits Dup Result Dup Recovery RPD RPDLimit Lab
Ammonia (N)mg/Kg 10 223 949 90 - 110 170 414 27.20 10 T
QC Results
Advanced Environmental Laboratories, Inc
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Payments: P.O. Box 551580 Jacksonville, FL 32255-1580
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MS Bimonthly 503 Sludge (T2419522)
Monday, September 9, 2024 4:32:09 PM
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QC Batch:WCAt/32771
Preparation Method:Copper Sulfate Digestion Solid
Associated Lab IDs:T2419522001
Analysis Method:EPA 365.4
Parameter Results Units PQL MDL Lab
Total Phosphorus (as P)0.0028 U %0.0050 0.0028 T
Method Blank(5446896)
Lab Control Sample (5446898)
Parameter Units Spiked Amount Spike Result Spike Recovery Control Limits Lab
Total Phosphorus (as P)%0.0250 0.0256 103 90 - 110 T
Matrix Spike (5446900); Matrix Spike Duplicate (5446902); Original (T2417609001); Parent Lab Sample (T2417609001)
Parameter Units Spiked Amount Spike Result Spike Recovery Control Limits Dup Result Dup Recovery RPD RPDLimit Lab
Total Phosphorus (as P)%0.75 2.51 -80 90 - 110 2.3 -109 9 10 T
QC Results
Advanced Environmental Laboratories, Inc
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MS Bimonthly 503 Sludge (T2419522)
Monday, September 9, 2024 4:32:09 PM
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QC Batch:WCAt/32772
Preparation Method:Copper Sulfate Digestion Solid
Associated Lab IDs:T2419522001
Analysis Method:EPA 351.2
Parameter Results Units PQL MDL Lab
Total Kjeldahl Nitrogen 18 U mg/Kg 50 18 T
Method Blank(5446895)
Lab Control Sample (5446897)
Parameter Units Spiked Amount Spike Result Spike Recovery Control Limits Lab
Total Kjeldahl Nitrogen mg/Kg 250 251 101 90 - 110 T
QC Results
Advanced Environmental Laboratories, Inc
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Payments: P.O. Box 551580 Jacksonville, FL 32255-1580
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MS Bimonthly 503 Sludge (T2419522)
Monday, September 9, 2024 4:32:09 PM
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QC Cross Reference
Lab ID Sample ID Prep Batch Prep Method
CVAt/2312 - SW-846 7471A
T2419522001 MS 503 SLG # 8 Composite DGMt/8309 SW-846 7471A
ICPt/5012 - SW-846 6010
T2419522001 MS 503 SLG # 8 Composite DGMt/8310 SW-846 3050B
ICPt/5064 - SW-846 6010
T2419522001 MS 503 SLG # 8 Composite DGMt/8408 SW-846 3010A
WCAt/32564 - SW 9045C
T2419522001 MS 503 SLG # 8 Composite
WCAt/32601 - SM 2540G
T2419522001 MS 503 SLG # 8 Composite
WCAt/32624 - SM 4500NO3-F
T2419522001 MS 503 SLG # 8 Composite
WCAt/32708 - EPA 350.1
T2419522001 MS 503 SLG # 8 Composite
WCAt/32771 - EPA 365.4
T2419522001 MS 503 SLG # 8 Composite WCAt/32604 Copper Sulfate Digestion Solid
WCAt/32772 - EPA 351.2
T2419522001 MS 503 SLG # 8 Composite WCAt/32604 Copper Sulfate Digestion Solid
Advanced Environmental Laboratories, Inc
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MS Bimonthly 503 Sludge (T2419522)
Monday, September 9, 2024 4:32:09 PM
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Sue Bell, Sr Project Manager
Sincerely,
SBell@aellab.com
September 09, 2024
Doniela Prifti
City of Clearwater
RE: Workorder:T2419523 NE Bimonthly 503 Sludge
Dear Doniela Prifti:
Enclosed are the analytical results for sample(s) received by the laboratory on Monday August 19, 2024. Results reported herein conform to the most
current NELAC standards, where applicable, unless otherwise narrated in the body of the report. The analytical results for the samples contained in
this report were submitted for analysis as outlined by the Chain of Custody and results pertain only to these samples.
If you have any questions concerning this report, please feel free to contact me.
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NE Bimonthly 503 Sludge (T2419523)
Monday, September 9, 2024 4:32:09 PM
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Sample Summary
Lab ID Sample ID Matrix Method Date Collected Date Received
Analytes
Reported Basis
T2419523001 NE 503 Slg # 8 Composite SO Calculation 08/19/2024 09:27 08/19/2024 12:20 2 Dry
T2419523001 NE 503 Slg # 8 Composite SO EPA 350.1 08/19/2024 09:27 08/19/2024 12:20 1 Dry
T2419523001 NE 503 Slg # 8 Composite SO EPA 351.2 08/19/2024 09:27 08/19/2024 12:20 1 Dry
T2419523001 NE 503 Slg # 8 Composite SO EPA 365.4 08/19/2024 09:27 08/19/2024 12:20 1 Dry
T2419523001 NE 503 Slg # 8 Composite SO SM 2540G 08/19/2024 09:27 08/19/2024 12:20 1 Dry
T2419523001 NE 503 Slg # 8 Composite SO SM 4500NO3-F 08/19/2024 09:27 08/19/2024 12:20 1 Dry
T2419523001 NE 503 Slg # 8 Composite SO SW 9045C 08/19/2024 09:27 08/19/2024 12:20 1 Dry
T2419523001 NE 503 Slg # 8 Composite SO SW-846 6010 08/19/2024 09:27 08/19/2024 12:20 11 Dry
T2419523001 NE 503 Slg # 8 Composite SO SW-846 7471A 08/19/2024 09:27 08/19/2024 12:20 1 Dry
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NE Bimonthly 503 Sludge (T2419523)
Monday, September 9, 2024 4:32:09 PM
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Workorder Summary
Batch Comments
CVAt/2312 - HG Analysis,CVAA,Non-Aqueous
F2405209001 required a dilution due to the presence of a foamy sample matrix. The dilution was necessary to prevent foam over during the purge
cycle, resulting in instrument damage.
ICPt/5012 - ICP 6010B Analysis
The matrix spike (MS) and Matrix Spike Duplicate (MSD) recoveries of lead for T2419716001 were outside control criteria. Recoveries in the
Laboratory Control Sample (LCS)were acceptable, which indicates the analytical batch was in control. No further corrective action is required.
WCAt/32708 - Ammonia,E350.1,Soil
The matrix spike recoveries of Ammonia for T2419523001 (MS 949% and MSD 414%) were outside the acceptance range of 90 – 110%. Recovery in
the Laboratory Control Sample (LCS) was acceptable, which indicates the analytical batch was in control. The matrix spike outliers suggest a
potential high bias in this matrix. No corrective action was required.”
WCAt/32771 - Total Phosphorus,E365.4,Soil
The matrix spike recoveries of TP T2417609001 (MS -20% and MSD -29%) were outside control criteria. Recovery in the Laboratory Control Sample
(LCS) was acceptable, which indicates the analytical batch was in control. The matrix spike outliers suggest a potential low bias in this matrix. No
corrective action was required
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NE Bimonthly 503 Sludge (T2419523)
Monday, September 9, 2024 4:32:09 PM
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Parameter Qualifiers
U The compound was analyzed for but not detected.
I The reported value is between the laboratory method detection limit and the laboratory practical quantitation limit.
J4 Estimated Result
Analytical Results Qualifiers
Lab Qualifiers
T DOH Certification #E84589 (FL NELAC) AEL-Tampa
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NE Bimonthly 503 Sludge (T2419523)
Monday, September 9, 2024 4:32:09 PM
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Analytical Results
T2419523001Lab ID:
Sample ID:NE 503 Slg # 8 Composite
Date Collected:08/19/2024 09:27
Date Received:08/19/2024 12:20
Matrix:Soil
Parameter Results Units PQL MDL DF Prepared Analyzed Lab
METALS (SW-846 3010A/SW-846 6010)
Standard WEP 1150 mg P/Kg 5.0 1.0 1 08/22/2024 14:00 09/09/2024 13:58 T
METALS (SW-846 3050B/SW-846 6010)
Arsenic 7.16 mg/Kg 1.4 0.71 1 08/21/2024 15:15 08/22/2024 11:48 T
Cadmium 1.39 mg/Kg 0.28 0.14 1 08/21/2024 15:15 08/22/2024 11:48 T
Chromium 27.4 mg/Kg 1.4 1.1 1 08/21/2024 15:15 08/22/2024 11:48 T
Copper 542 mg/Kg 1.4 0.71 1 08/21/2024 15:15 08/22/2024 11:48 T
Lead 11 mg/Kg 1.4 0.71 1 08/21/2024 15:15 08/22/2024 11:48 T
Molybdenum 4.98 I mg/Kg 7.1 1.1 1 08/21/2024 15:15 08/22/2024 11:48 T
Nickel 14.6 mg/Kg 1.4 0.71 1 08/21/2024 15:15 08/22/2024 11:48 T
Potassium 1990 mg/Kg 140 110 1 08/21/2024 15:15 08/22/2024 11:48 T
Selenium 2.8 U mg/Kg 14 2.8 1 08/21/2024 15:15 08/22/2024 11:48 T
Zinc 806 mg/Kg 14 7.1 1 08/21/2024 15:15 08/22/2024 11:48 T
METALS (SW-846 7471A)
Mercury 0.0468 mg/Kg 0.031 0.015 2 08/27/2024 08:45 08/27/2024 12:36 T
WET CHEMISTRY (Calculation)
PWEP 2.48 %1 09/09/2024 14:54 09/09/2024 14:54 T
Total Nitrogen 50400 mg/Kg 50 18 1 09/05/2024 14:19 09/05/2024 14:19 T
WET CHEMISTRY (Copper Sulfate Digestion Solid/EPA 351.2)
Total Kjeldahl Nitrogen 50200 mg/Kg 5600 2000 20 08/21/2024 12:17 08/21/2024 12:17 T
WET CHEMISTRY (Copper Sulfate Digestion Solid/EPA 365.4)
Total Phosphorus (as P)4.64 %0.56 0.31 20 08/21/2024 12:17 08/21/2024 12:17 T
WET CHEMISTRY (EPA 350.1)
Ammonia (N)716 mg/Kg 557.02 139.25 10 08/26/2024 13:11 08/26/2024 13:11 T
WET CHEMISTRY (SM 2540G)
Percent Solid 18.0 %0.0010 0.0010 1 08/21/2024 14:00 08/21/2024 14:00 T
WET CHEMISTRY (SM 4500NO3-F)
Nitrate + Nitrite 168 mg/Kg 11 4.3 1 08/22/2024 11:36 08/22/2024 11:36 T
WET CHEMISTRY (SW 9045C)
Advanced Environmental Laboratories, Inc
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NE Bimonthly 503 Sludge (T2419523)
Monday, September 9, 2024 4:32:09 PM
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Analytical Results
T2419523001Lab ID:
Sample ID:NE 503 Slg # 8 Composite
Date Collected:08/19/2024 09:27
Date Received:08/19/2024 12:20
Matrix:Soil
Parameter Results Units PQL MDL DF Prepared Analyzed Lab
pH 7.37 SU 1 08/20/2024 14:35 08/20/2024 14:35 T
Analysis Results Comments
Ammonia (N)
J4|Estimated Result
Advanced Environmental Laboratories, Inc
9610 Princess Palm Ave Tampa, FL 33619
Payments: P.O. Box 551580 Jacksonville, FL 32255-1580
Phone: (813) 630-9616
Fax: (813) 630-4327
Workorder:
FINAL
NE Bimonthly 503 Sludge (T2419523)
Monday, September 9, 2024 4:32:09 PM
Dates and times are displayed using (-04:00)
Page 6 of 15
POWERED BY
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Certificate of AnalysisThis report shall not be reproduced, except in full,
without the written consent of Advanced Environmental Laboratories, Inc.
NELAP Accredited E84589
QC Batch:CVAt/2312
Preparation Method:SW-846 7471A
Associated Lab IDs:T2419523001
Analysis Method:SW-846 7471A
Parameter Results Units PQL MDL Lab
Mercury 0.0014 U mg/Kg 0.0030 0.0014 T
Method Blank(5446690)
QC Results
Advanced Environmental Laboratories, Inc
9610 Princess Palm Ave Tampa, FL 33619
Payments: P.O. Box 551580 Jacksonville, FL 32255-1580
Phone: (813) 630-9616
Fax: (813) 630-4327
Workorder:
FINAL
NE Bimonthly 503 Sludge (T2419523)
Monday, September 9, 2024 4:32:09 PM
Dates and times are displayed using (-04:00)
Page 7 of 15
POWERED BY
v.13.1.0
Certificate of AnalysisThis report shall not be reproduced, except in full,
without the written consent of Advanced Environmental Laboratories, Inc.
NELAP Accredited E84589
QC Batch:ICPt/5012
Preparation Method:SW-846 3050B
Associated Lab IDs:T2419523001
Analysis Method:SW-846 6010
Parameter Results Units PQL MDL Lab
Arsenic 0.12 U mg/Kg 0.25 0.12 T
Cadmium 0.025 U mg/Kg 0.050 0.025 T
Chromium 0.20 U mg/Kg 0.25 0.20 T
Copper 0.12 U mg/Kg 0.25 0.12 T
Potassium 20 U mg/Kg 25 20 T
Molybdenum 0.20 U mg/Kg 1.2 0.20 T
Nickel 0.12 U mg/Kg 0.25 0.12 T
Lead 0.12 U mg/Kg 0.25 0.12 T
Selenium 0.50 U mg/Kg 2.5 0.50 T
Zinc 1.2 U mg/Kg 2.5 1.2 T
Method Blank(5447268)
Lab Control Sample (5447269)
Parameter Units Spiked Amount Spike Result Spike Recovery Control Limits Lab
Arsenic mg/Kg 25 24.5 98 80 - 120 T
Cadmium mg/Kg 2.50 2.48 99 80 - 120 T
Chromium mg/Kg 25 24.1 97 80 - 120 T
Copper mg/Kg 25 24 96 80 - 120 T
Potassium mg/Kg 250 240 96 80 - 120 T
Molybdenum mg/Kg 2.50 2.49 99 80 - 120 T
Nickel mg/Kg 25 23.9 96 80 - 120 T
Lead mg/Kg 25 25 102 80 - 120 T
Selenium mg/Kg 25 24.7 99 80 - 120 T
Zinc mg/Kg 25 25.3 101 80 - 120 T
Matrix Spike (5447270); Matrix Spike Duplicate (5447271); Original (T2419716001); Parent Lab Sample (T2419716001)
Parameter Units
Spiked
Amount
Spike
Result
Spike
Recovery
Control
Limits
Dup
Result
Dup
Recovery RPD
RPD
Limit Lab
Arsenic mg/Kg 26.30 20.7 78 75 - 125 20.8 79 1 20 T
Cadmium mg/Kg 2.63 2.55 94 75 - 125 2.56 95 0 20 T
Chromium mg/Kg 26.30 26.6 94 75 - 125 26.7 94 0 20 T
Copper mg/Kg 26.30 26.6 93 75 - 125 26.7 94 1 20 T
Potassium mg/Kg 263 301 94 75 - 125 298 93 1 20 T
Molybdenum mg/Kg 2.63 1.72 58 75 - 125 1.71 57 1 20 T
QC Results
Advanced Environmental Laboratories, Inc
9610 Princess Palm Ave Tampa, FL 33619
Payments: P.O. Box 551580 Jacksonville, FL 32255-1580
Phone: (813) 630-9616
Fax: (813) 630-4327
Workorder:
FINAL
NE Bimonthly 503 Sludge (T2419523)
Monday, September 9, 2024 4:32:09 PM
Dates and times are displayed using (-04:00)
Page 8 of 15
POWERED BY
v.13.1.0
Certificate of AnalysisThis report shall not be reproduced, except in full,
without the written consent of Advanced Environmental Laboratories, Inc.
NELAP Accredited E84589
QC Batch:ICPt/5012
Preparation Method:SW-846 3050B
Associated Lab IDs:T2419523001
Analysis Method:SW-846 6010
Parameter Units
Spiked
Amount
Spike
Result
Spike
Recovery
Control
Limits
Dup
Result
Dup
Recovery RPD
RPD
Limit Lab
Nickel mg/Kg 26.30 24.8 93 75 - 125 24.5 92 1 20 T
Lead mg/Kg 26 40 56 75 - 125 40 57 1 20 T
Selenium mg/Kg 26.30 22.1 84 75 - 125 22.2 84 1 20 T
Zinc mg/Kg 26.30 33.5 87 75 - 125 33.1 86 1 20 T
Advanced Environmental Laboratories, Inc
9610 Princess Palm Ave Tampa, FL 33619
Payments: P.O. Box 551580 Jacksonville, FL 32255-1580
Phone: (813) 630-9616
Fax: (813) 630-4327
Workorder:
FINAL
NE Bimonthly 503 Sludge (T2419523)
Monday, September 9, 2024 4:32:09 PM
Dates and times are displayed using (-04:00)
Page 9 of 15
POWERED BY
v.13.1.0
Certificate of AnalysisThis report shall not be reproduced, except in full,
without the written consent of Advanced Environmental Laboratories, Inc.
NELAP Accredited E84589
QC Batch:WCAt/32624
Preparation Method:SM 4500NO3-F
Associated Lab IDs:T2419523001
Analysis Method:SM 4500NO3-F
Parameter Results Units PQL MDL Lab
Nitrate + Nitrite 0.78 U mg/Kg 2.0 0.78 T
Method Blank(5448274)
Lab Control Sample (5448275)
Parameter Units Spiked Amount Spike Result Spike Recovery Control Limits Lab
Nitrate + Nitrite mg/Kg 20 19.9 99 90 - 110 T
Matrix Spike (5448276); Matrix Spike Duplicate (5448277); Original (A2408822001); Parent Lab Sample (A2408822001)
Parameter Units Spiked Amount Spike Result Spike Recovery Control Limits Dup Result Dup Recovery RPD RPDLimit Lab
Nitrate + Nitrite mg/Kg 20 22.5 101 90 - 110 22.7 102 1 10 T
QC Results
Advanced Environmental Laboratories, Inc
9610 Princess Palm Ave Tampa, FL 33619
Payments: P.O. Box 551580 Jacksonville, FL 32255-1580
Phone: (813) 630-9616
Fax: (813) 630-4327
Workorder:
FINAL
NE Bimonthly 503 Sludge (T2419523)
Monday, September 9, 2024 4:32:09 PM
Dates and times are displayed using (-04:00)
Page 10 of 15
POWERED BY
v.13.1.0
Certificate of AnalysisThis report shall not be reproduced, except in full,
without the written consent of Advanced Environmental Laboratories, Inc.
NELAP Accredited E84589
QC Batch:WCAt/32708
Preparation Method:EPA 350.1
Associated Lab IDs:T2419523001
Analysis Method:EPA 350.1
Parameter Results Units PQL MDL Lab
Ammonia (N)2.50 U mg/Kg 10.00 2.50 T
Method Blank(5452314)
Lab Control Sample (5452315)
Parameter Units Spiked Amount Spike Result Spike Recovery Control Limits Lab
Ammonia (N)mg/Kg 5 4.97 99.4 90 - 110 T
Matrix Spike (5452316); Matrix Spike Duplicate (5452317); Original (T2419523001); Parent Lab Sample (T2419523001)
Parameter Units Spiked Amount Spike Result Spike Recovery Control Limits Dup Result Dup Recovery RPD RPDLimit Lab
Ammonia (N)mg/Kg 10 223 949 90 - 110 170 414 27.20 10 T
QC Results
Advanced Environmental Laboratories, Inc
9610 Princess Palm Ave Tampa, FL 33619
Payments: P.O. Box 551580 Jacksonville, FL 32255-1580
Phone: (813) 630-9616
Fax: (813) 630-4327
Workorder:
FINAL
NE Bimonthly 503 Sludge (T2419523)
Monday, September 9, 2024 4:32:09 PM
Dates and times are displayed using (-04:00)
Page 11 of 15
POWERED BY
v.13.1.0
Certificate of AnalysisThis report shall not be reproduced, except in full,
without the written consent of Advanced Environmental Laboratories, Inc.
NELAP Accredited E84589
QC Batch:WCAt/32771
Preparation Method:Copper Sulfate Digestion Solid
Associated Lab IDs:T2419523001
Analysis Method:EPA 365.4
Parameter Results Units PQL MDL Lab
Total Phosphorus (as P)0.0028 U %0.0050 0.0028 T
Method Blank(5446896)
Lab Control Sample (5446898)
Parameter Units Spiked Amount Spike Result Spike Recovery Control Limits Lab
Total Phosphorus (as P)%0.0250 0.0256 103 90 - 110 T
Matrix Spike (5446900); Matrix Spike Duplicate (5446902); Original (T2417609001); Parent Lab Sample (T2417609001)
Parameter Units Spiked Amount Spike Result Spike Recovery Control Limits Dup Result Dup Recovery RPD RPDLimit Lab
Total Phosphorus (as P)%0.75 2.51 -80 90 - 110 2.3 -109 9 10 T
QC Results
Advanced Environmental Laboratories, Inc
9610 Princess Palm Ave Tampa, FL 33619
Payments: P.O. Box 551580 Jacksonville, FL 32255-1580
Phone: (813) 630-9616
Fax: (813) 630-4327
Workorder:
FINAL
NE Bimonthly 503 Sludge (T2419523)
Monday, September 9, 2024 4:32:09 PM
Dates and times are displayed using (-04:00)
Page 12 of 15
POWERED BY
v.13.1.0
Certificate of AnalysisThis report shall not be reproduced, except in full,
without the written consent of Advanced Environmental Laboratories, Inc.
NELAP Accredited E84589
QC Batch:WCAt/32772
Preparation Method:Copper Sulfate Digestion Solid
Associated Lab IDs:T2419523001
Analysis Method:EPA 351.2
Parameter Results Units PQL MDL Lab
Total Kjeldahl Nitrogen 18 U mg/Kg 50 18 T
Method Blank(5446895)
Lab Control Sample (5446897)
Parameter Units Spiked Amount Spike Result Spike Recovery Control Limits Lab
Total Kjeldahl Nitrogen mg/Kg 250 251 101 90 - 110 T
QC Results
Advanced Environmental Laboratories, Inc
9610 Princess Palm Ave Tampa, FL 33619
Payments: P.O. Box 551580 Jacksonville, FL 32255-1580
Phone: (813) 630-9616
Fax: (813) 630-4327
Workorder:
FINAL
NE Bimonthly 503 Sludge (T2419523)
Monday, September 9, 2024 4:32:09 PM
Dates and times are displayed using (-04:00)
Page 13 of 15
POWERED BY
v.13.1.0
Certificate of AnalysisThis report shall not be reproduced, except in full,
without the written consent of Advanced Environmental Laboratories, Inc.
NELAP Accredited E84589
QC Cross Reference
Lab ID Sample ID Prep Batch Prep Method
CVAt/2312 - SW-846 7471A
T2419523001 NE 503 Slg # 8 Composite DGMt/8309 SW-846 7471A
ICPt/5012 - SW-846 6010
T2419523001 NE 503 Slg # 8 Composite DGMt/8310 SW-846 3050B
ICPt/5064 - SW-846 6010
T2419523001 NE 503 Slg # 8 Composite DGMt/8408 SW-846 3010A
WCAt/32564 - SW 9045C
T2419523001 NE 503 Slg # 8 Composite
WCAt/32601 - SM 2540G
T2419523001 NE 503 Slg # 8 Composite
WCAt/32624 - SM 4500NO3-F
T2419523001 NE 503 Slg # 8 Composite
WCAt/32708 - EPA 350.1
T2419523001 NE 503 Slg # 8 Composite
WCAt/32771 - EPA 365.4
T2419523001 NE 503 Slg # 8 Composite WCAt/32604 Copper Sulfate Digestion Solid
WCAt/32772 - EPA 351.2
T2419523001 NE 503 Slg # 8 Composite WCAt/32604 Copper Sulfate Digestion Solid
Advanced Environmental Laboratories, Inc
9610 Princess Palm Ave Tampa, FL 33619
Payments: P.O. Box 551580 Jacksonville, FL 32255-1580
Phone: (813) 630-9616
Fax: (813) 630-4327
Workorder:
FINAL
NE Bimonthly 503 Sludge (T2419523)
Monday, September 9, 2024 4:32:09 PM
Dates and times are displayed using (-04:00)
Page 14 of 15
POWERED BY
v.13.1.0
Certificate of AnalysisThis report shall not be reproduced, except in full,
without the written consent of Advanced Environmental Laboratories, Inc.
NELAP Accredited E84589
1) H&H Liquid Sludge Disposal, Inc 2) Revinu, Inc.
P. O. Box 390 4050 Dundee Blvd
Branford, Florida 32008 Winter Haven, Florida 33884
3) T. Wayne Hill Trucking, Inc.
417 Bradshaw Industrial Pkwy
Bartow, Florida 33830
ADVERTISED: TAMPA BAY TIMES 10/23/2024
POSTED:Opengov 10/18/24-11/18/24
FOR THE CITY OF CLEARWATER
Due/Opening: November 18, 2024; 10:00 a.m.
INVITATION TO BID No. 02-25
Biosolids Management Services
Solicitation Response Listing
BASE BID ITEMS
Line Item Description
EST Weekly
Quantity Unit of Measure Unit Cost Total Unit Cost Total Unit Cost Total
1 Northeast WRF Biosolids (Dewatered Cake) to RMF 190 Per Ton $126.00 $23,940.00 $150.00 $28,500.00 No Bid No Bid
2 Marshall Street WRF Biosolids (Dewatered Cake) to RMF 60 Per Ton $126.00 $7,560.00 $150.00 $9,000.00 No Bid No Bid
3
Liquid Sludge (Approximately 5% Total Solids) From East
WRF to Northeast WRF 55000 Per Gallon $.10 $5,500.00 $.10 $5,500.00 $.105 $5,775.00
4
Liquid Sludge (Approximately 5% Total Solids) From East
WRF to Marshall Street WRF 55000 Per Gallon $.098 $5,390.00 $.10 $5,500.00 $.105 $5,775.00
Line Item Description
EST Weekly
Quantity Unit of Measure Unit Cost Total Unit Cost Total Unit Cost Total
1 Dewatered Class B Biosolids to Land Application 250 PerTon 126.00$ 31,500.00$ No Bid No Bid No Bid No Bid
2 Dewatered Class B Biosolids to Landfill 250 PerTon 255.00$ 63,750.00$ No Bid No Bid No Bid No Bid
3
Liquid Biosolids (Approximately 5% Total Solids) From
Marshall Street WRF to Northeast WRF 275000 Per Gallon 0.10$ 27,500.00$ No Bid No Bid $.105 $28,875.00
4
Liquid Biosolids (Approximately 5% Total Solids) From
Northeast WRF to Marshall Street WRF 275000 Per Gallon 0.10$ 27,500.00$ No Bid No Bid $.105 $28,875.00
5
The Removal and Disposal by Incorporation of Dewatered
Class B Biosolids 1 Per Ton No Bid No Bid No Bid No Bid No Bid No Bid
Primary
Secondary
H&H Liquid Sludge Disposal, Inc T. WAYNE HILL TRUCKING, INC www.Revinu.com
ALTERNATE BID ITEMS H&H Liquid Sludge Disposal, Inc T. WAYNE HILL TRUCKING, INC www.Revinu.com
December 5, 2024
NOTICE OF INTENT TO AWARD
The Public Utilities and Procurement Division recommend awarding ITB No. 02-25, Biosolids Management
Services, to the lowest and most responsible bidders, as outlined in the bid specifications in a cumulative
annual not to exceed amount of $2,500,000.00. The contract will commence in January 2025, for a three
(3) year term, with two (2), one (1) year renewal options.
H & H Sludge Disposal, Inc of Branford FL
Primary for Base Bid Items 1,2,3 and 4
Primary for Alternate Bid Items 1,2,3,4
T Wayne Hill of Mulberry, FL
Secondary for Base Bid items 1,2,3 and 4
This Award recommendation will be considered by the City Council at the December 16, 2024, Work
Session (1:30 p.m.) and voted on at the December 19, 2024, Council Meeting (6:00 p.m.). These meetings
are held at Clearwater Main Library, at 100 N. Osceola Ave., Clearwater, FL 33755. This date is tentative
and subject to change.
Inquiries regarding this Intent to Award can be directed to the City’s Procurement Analyst at (727) 444-
8529, or mailed to City of Clearwater, Attn: Procurement Division, PO Box 4748, Clearwater, FL 33758-
4748.
Posted on this date by:
Milisa Harris
Milisa Harris
Procurement Analyst
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#24-1562
Agenda Date: 12/16/2024 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: City Clerk
Agenda Number: 8.1
SUBJECT/RECOMMENDATION:
Appoint Indira Yengera to the Sister Cities Advisory Board, as the Youth Member, to a term
expiring October 31, 2028. (consent)
SUMMARY:
APPOINTMENT WORKSHEET
BOARD: Sister Cities Advisory Board
TERM: 4 years
APPOINTED BY: Sister Cities Advisory Board
FINANCIAL DISCLOSURE: Not Required
RESIDENCY REQUIREMENT: One member of the City Council
MEMBERS: 6 + 1 At-large member
CHAIRPERSON: Stephanie Chill
MEETING DATES: Quarterly
PLACE: Council Chambers
APPOINTMENTS NEEDED: 1
SPECIAL QUALIFICATIONS: Representatives of Clearwater Sister Cities, Inc., the local
business community, the School Board’s World Language Coordinator or designee, and the
Clearwater Arts Alliance shall not be required to reside within the City of Clearwater.
THE FOLLOWING ADVISORY BOARD MEMBER HAS COMPLETED THEIR UNEXPIRED
AND IS ELIGIBLE FOR REAPPOINTMENT:
1.Indira Yengera - 2638 Westview Court, Clearwater, 33761 - Youth Member
Appointed - 11/3/2022; completed an unexpired term
Zip codes of current members:
1 - 33761
1 - 33767
1 - 33763
3 - 33755
1 - 33770
Page 1 City of Clearwater Printed on 12/11/2024
Submit Date: Oct 29, 2024
First Name Middle
Initial
Last Name
Email Address
Home Address Suite or Apt
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title
Advisory Boards Application
Profile
Length of Residency - please select one. *
6+ years
Do you own or represent a business in Clearwater?
Yes No
If yes, where is the business located? Do you conduct business with the City?
Which Boards would you like to apply for?
Sister Cities Advisory Board: Submitted
Occupation - If retired, enter former occupation.
full-time student
Have you served or do you serve on a board in Clearwater?
Yes No
If yes, please list the name of the board.
Sister Cities Advisory Board
Indira E Yengera
indira.y@outlook.com
2638 Westview Ct
Clearwater FL 33761
Mobile: (727) 224-2365
NA NA
Indira E Yengera
Upload a Resume
Please attach a copy of one of the following
documents: 1) valid current Florida Driver
License issued to an address within city limits, or
2) Declaration of Domicile filed with the city clerk
affirming residency within city limits.
Why do you wish to serve on this board/committee? If seeking
reappointment, state why you should be reappointed.
I am seeking reappointment to serve as the student representative for the Clearwater Sister
Cities Advisory Board. I have enjoyed serving in this capacity, and I believe I can add value
to the role due to my recent experience in Japan. I look forward to contributing to the new
initiatives of the Sister Cities program, and I feel I can offer fresh ideas and a unique
perspective as a local high school student who has strong interest in Japan as well as cultural
exchange with other countries.
What personal qualifications can you bring to this board or committee?
I believe my strong presentation skills and listening skills will add value. I am also very
organized and creative, and I am an enthusiastic team player and supporter of the Sister
Cities program. Finally, I am very effective with organizing resources and getting things
done.
List Community Activities
Healing Harmonies - I perform on a volunteer basis at local assisted living facilities as a form
of art therapy and community service. I also volunteer with instruction and activities for local
middle school music programs. In addition, I am involved with local holiday food drives and
beach cleanups. I was recently invited to my school's chapter of the National Honor Society,
and I look forward to getting involved and leading new community service programs through
NHS.
Question applies to multiple boards
Question applies to multiple boards
Are you related to any member of the City Council?
Yes No
Question applies to multiple boards
If yes, please provide name and explain relation.
NA
Question applies to multiple boards
Are you related to a city employee?
Yes No
Question applies to multiple boards
If yes, please provide name and explain relation.
NA
Indira_Yengera_resume_2024_Oct_29.docx
Indira E Yengera
Date of Birth
Demographics
Some boards and commissions require membership to be racially, politically or
geographically proportionate to the general public. The following information helps
track our recruitment and diversity efforts. (Optional)
Ethnicity
Other
Gender
Female
The City of Clearwater strives to promote diversity and provide reasonable
accommodations for individuals with disabilities. If you are requesting
accommodation, please indicate below:
My ethnicity is both Caucasian and Asian. I require no accommodations.
By clicking on "I Agree," below, I affirm that the information above is true
and correct, and that I understand and agree to the responsibilities and
commitment of time associated with an appointment to a Clearwater
advisory board or committee.
I Agree
All material submitted to the City of Clearwater is subject to the public records law of
the State of Florida including Chapter 119, Florida Statutes.
10/24/2007
Indira E Yengera
ACTIVITIES/ORGANIZATIONS/AWARDS
Memberships/Awards
•Creative Keys Music School Music Composition Contest Winner –
2020
•PTA Reflections Program – District Winner – Film, Photography -
2020, 2021
•Honorable Mention – Student Voices, National SAVE art contest –
2020/2021
•Clearwater Sister Cities Program Young Ambassador – 2020-2022
•Clearwater Sister Cities High School Exchange Program (Nagano)-
2024
•2nd Place – “If I Were Mayor” essay contest (Florida League of
Mayors) – 2021
•SAVE Club President (Dunedin Highland Middle School) – 2021/2022
•NJHS Historian – 2021-2022
•“Most Spirited-Brass” award, Dunedin Highland Middle School –
2021/2022
•Pinellas Youth Philharmonic -2021/2022
•Pinellas Youth Symphony - 2024
•Serenade Strings (Pinellas Youth Symphony) - 2024
•District and State Thespians – Superior (large group musical) –
2021/2022
•All County Band – 2022, 2024
•District Thespians – Excellent (monologue) – 2022
•MPA- Superior Rating – (8th grade band, 9th grade band, 9th grade
orchestra) 2022, 2023
•Keep Florida Beautiful Youth Council – 2022-2023
•Dunedin High School Yearbook and Newspaper Staff (editor –
yearbook, writer – newspaper) – 2022-2023
•State Standard Mastery Level for Biology, Geometry, and ELA – 9th
grade (2022/2023)
•National History Day Volunteer Judge - 2023, 2024
•All County Orchestra – 2023, 2024
•Seussical Pit Orchestra (violin II) – (Broadway Star of the Future) –
2023
•Freaky Friday Pit Orchestra (violin I) - 2024
•Arthur Murray Internship – 2023-present
•10th Grade SGA Historian – 2023-present
•Dunedin High School Band Librarian/Band Leadership Team – 2023-
present
•International Thespian Society (Dunedin High School) – 2023-
present
•Marching and Concert Band (Dunedin High School) – 2022-present
•Orchestra Concert Master (Dunedin High School) – 2022-present
•Violin Section Leader – Dunedin High School Orchestra – 2022-
present
•Dunedin High Band Leadership- Librarian and Trumpet Section
Leader - 2023/2024
•USF HOT Day - 2024
•Mu Alpha Theta - 2024
•National Honor Society - 2024
•Dunedin High School Varsity Tennis Team - 2024
•Dunedin High School PBIS Finance Director
INDIRA YENGERA
-
2638 Westview Court, Clearwater FL 33761 727-224-2365
Indira.y@outlook.com
A Student Leader, Performer, and Scholar with a passion for cultural exchange, global
relations,
performing arts, STEM, environmental sustainability, and community service
EDUCATION
-Dunedin High School-Fundamental Program Grade 11
*Principal’s List/Perfect Attendance, 4.0 GPA*
-University of South Florida Summer Band Camp – 2022
-TAMPA LANGUAGE CENTER – JAPANESE STUDIES - 2023
-FROST CHAMBER INTENSIVE AND ORCHESTRA - UNIVERSITY OF MIAMI - 2024
COMMUNITY SERVICE
JULY 2022 – JULY 2023
YOUTH COUNCIL LEADERSHIP, VOLUNTEER, KEEP FLORIDA BEAUTIFUL,
Keep Pinellas Beautiful **2024 - Volunteer
JUNE 2022 – PRESENT
VOLUNTEER, SAFETY HARBOR GARDEN CLUB, DUNEDIN COMMUNITY GARDEN
OCTOBER 2022 – PRESENT
STUDENT REPRESENTATIVE, Clearwater SISTER CITIES Advisory Board
DECEMBER 2022 – PRESENT
VOLUNTEER, Pinellas County schools – National History Day, Dunedin Highland Middle
School Music Program, Healing Harmonies Music (service organization)
STRENGTHS
• Organized • Diligent and self-motivated
• Effective communication and leadership
skills
• Flexible
• Honest
• Creative
• Excellent team member/collaborative leader
• Bilingual
• Superior research capabilities
• Mentoring skills
ACTIVITIES/ORGANIZATIONS/AWARDS
Memberships/Awards
• Creative Keys Music School Music Composition Contest Winner – 2020
• PTA Reflections Program – District Winner – Film, Photography - 2020, 2021
• Honorable Mention – Student Voices, National SAVE art contest – 2020/2021
• Clearwater Sister Cities Program Young Ambassador – 2020-2022
• Clearwater Sister Cities High School Exchange Program (Nagano)-2024
• 2nd Place – “If I Were Mayor” essay contest (Florida League of Mayors) – 2021
• SAVE Club President (Dunedin Highland Middle School) – 2021/2022
• NJHS Historian – 2021-2022
• “Most Spirited-Brass” award, Dunedin Highland Middle School – 2021/2022
• Pinellas Youth Philharmonic -2021/2022
• Pinellas Youth Symphony - 2024
• Serenade Strings (Pinellas Youth Symphony) - 2024
• District and State Thespians – Superior (large group musical) – 2021/2022
• All County Band – 2022, 2024
• District Thespians – Excellent (monologue) – 2022
• MPA- Superior Rating – (8th grade band, 9th grade band, 9th grade orchestra) 2022, 2023
• Keep Florida Beautiful Youth Council – 2022-2023
• Dunedin High School Yearbook and Newspaper Staff (editor – yearbook, writer – newspaper)
– 2022-2023
• State Standard Mastery Level for Biology, Geometry, and ELA – 9th grade (2022/2023)
• National History Day Volunteer Judge - 2023, 2024
• All County Orchestra – 2023, 2024
• Seussical Pit Orchestra (violin II) – (Broadway Star of the Future) – 2023
• Freaky Friday Pit Orchestra (violin I) - 2024
• Arthur Murray Internship – 2023-present
• 10th Grade SGA Historian – 2023-present
• Dunedin High School Band Librarian/Band Leadership Team – 2023-present
• International Thespian Society (Dunedin High School) – 2023-present
• Marching and Concert Band (Dunedin High School) – 2022-present
• Orchestra Concert Master (Dunedin High School) – 2022-present
• Violin Section Leader – Dunedin High School Orchestra – 2022-present
• Dunedin High Band Leadership- Librarian and Trumpet Section Leader - 2023/2024
• USF HOT Day - 2024
• Mu Alpha Theta - 2024
• National Honor Society - 2024
• Dunedin High School Varsity Tennis Team - 2024
• Dunedin High School PBIS Finance Director
• Dunedin High School SGA, Hisorian - 2023/2024
Activities
• Trumpet, Violin
• Musical Theatre
• Tennis
• Cultural Exchange
• Mentoring
• STEM
• Environmental Care
REFERENCES
Kamyl Cordero Alicea - Dunedin High School Band Director, 386-473-3412
Joseph Gomes, Family Friend, 248-613-4956
Lania Berger, Arthur Murray Clearwater (employer), 727-786-2224
Brian Hanks, Dunedin High School Business Program, hanksb@pcsb.org
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#24-1567
Agenda Date: 12/16/2024 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: City Clerk
Agenda Number: 8.2
SUBJECT/RECOMMENDATION:
Appoint an individual to the Library Board with an unexpired term through February 28, 2025.
SUMMARY:
APPOINTMENT WORKSHEET
BOARD: Library Board
TERM: 4 years
APPOINTED BY: City Council
FINANCIAL DISCLOSURE: Not Required
STAFF LIAISON: Jennifer Obermair - Library Director
RESIDENCY REQUIREMENT: City of Clearwater
SPECIAL QUALIFICATIONS: None
MEMBERS: 7
CHAIRPERSON: Donna Dennis
MEETING DATES: Quarterly
PLACE: Main Library
APPTS. NEEDED: 1
THE FOLLOWING ADVISORY BOARD MEMBER HAS RESIGNED WHICH NOW
REQUIRES A NEW APPOINTMENT:
1. Timothy Promen - 309 S Mars Ave., Clearwater 33755 - Landscape Architect
Original Appointment: 3/4/2021, Resigned 4/17/2024
THE NAMES BELOW ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE
VACANCY:
1.Jorge-Luis Godinez - 1567 Drew Street, Clearwater 33755 - Professional Buyer
2.Richard Landry - 854 Harbor Is, Clearwater 33767 - Retired
3.Tanya Landr - 854 Harbor Is, Clearwater 33767 - Retired
Zip codes of current members on board:
2 at 33755
1 at 33759
1 at 33756
1 at 33765
1 at 33767
Page 1 City of Clearwater Printed on 12/11/2024
Submit Date: Nov 05, 2024
First Name Middle
Initial
Last Name
Email Address
Home Address Suite or Apt
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title
Advisory Boards Application
Profile
Length of Residency - please select one. *
1 to 5 years
Do you own or represent a business in Clearwater?
Yes No
If yes, where is the business located? Do you conduct business with the City?
Tampa
Which Boards would you like to apply for?
Library Board: Submitted
Occupation - If retired, enter former occupation.
Not applicable
Have you served or do you serve on a board in Clearwater?
Yes No
If yes, please list the name of the board.
Why do you wish to serve on this board/committee? If seeking
reappointment, state why you should be reappointed.
Community involvement and my desire to improve libraries and book accessibility to all.
Jorge-Luis Godinez
jorge-luisgodinez@msn.com
1567 Drew street
Clearwater FL 33755
Mobile: (415) 763-9225 Mobile: (415) 763-9225
SurrealistWardrobe llc Buyer
Jorge-Luis Godinez
Upload a Resume
Please attach a copy of one of the following
documents: 1) valid current Florida Driver
License issued to an address within city limits, or
2) Declaration of Domicile filed with the city clerk
affirming residency within city limits.
What personal qualifications can you bring to this board or committee?
I am a well rounded individual and enjoy reading and learning. I have current experience as
a board member for a community health organization. I am bilingual, Spanish/ English. Yoga
experience as a practitioner and teacher.
List Community Activities
Citizens academy 2024 Metro inclusive health, board member, 2018-current On bikes 2014-
2016 Off the mat, into the world, 2014-2019
Question applies to multiple boards
Question applies to multiple boards
Are you related to any member of the City Council?
Yes No
Question applies to multiple boards
If yes, please provide name and explain relation.
No
Question applies to multiple boards
Are you related to a city employee?
Yes No
Question applies to multiple boards
If yes, please provide name and explain relation.
No
Demographics
Some boards and commissions require membership to be racially, politically or
geographically proportionate to the general public. The following information helps
track our recruitment and diversity efforts. (Optional)
Jorge-
Luis_Godinez_Final_Resume.pdf
Jorge-Luis Godinez
Date of Birth
Ethnicity
Hispanic
Gender
Male
The City of Clearwater strives to promote diversity and provide reasonable
accommodations for individuals with disabilities. If you are requesting
accommodation, please indicate below:
By clicking on "I Agree," below, I affirm that the information above is true
and correct, and that I understand and agree to the responsibilities and
commitment of time associated with an appointment to a Clearwater
advisory board or committee.
I Agree
All material submitted to the City of Clearwater is subject to the public records law of
the State of Florida including Chapter 119, Florida Statutes.
12/04/1969
Jorge-Luis Godinez
JORGE-LUIS GODINEZ
jorge-luisgodinez@msn.com / 415-763-9225 / Clearwater, FL / www.linkedin.com/in/jorgeluisgodinez
Inventory and purchasing professional with over 15 years of experience in wholesale and retail
buying, operations, and logistics. Skilled in developing marketing strategies with expertise in
product knowledge, trend analysis, and customer engagement in men's and women's clothing,
accessories, footwear, gifts, furniture, and home décor. Bilingual: Spanish and English.
▪ Expertise in designing, sourcing, and creating private label merchandise, tracking inventory, and
forecasting supply needs to mitigate overspending while avoiding inventory backorders.
▪ Keen understanding the cyclical fashion cycle, seasonal trend predictability, and social-economic
contributors towards design and consumer demand impacting product selection and sales.
▪ Retail Management experience in Sales and Operations developing teams, creating store
merchandising plans, and launching marketing campaigns that drive double-digit revenue growth.
Skilled In: Private Label Merchandising, Retail & Fashion Consulting, Retail Buying, Inventory
Management, Supply Chain, Seasonal Trends, Store Operations, Sales & Promotions, Private Shopper
Services, Customer Service, Office & Budget Management, Email Marketing, Sales, Microsoft Office
CAREER EXPERIENCE
FREELANCE MARKETING CONSULTANT & PROFESSIONAL BUYER
Surrealistwardrobe(r), Tampa FL 01-2015 to Present
Consultant to retail stores and private clients leveraging expertise in product marketing, fashion styling,
and retail operations. Work with business clients to develop private label lines, product inventory,
merchandising plans, and marketing campaigns. Visit private clients in their home to assess wardrobes,
create customized style guides, and conduct fittings. Select projects include:
▪ eCommerce Manager, Gaze Hot Yoga – Implemented an eCommerce model for private label
merchandize. Set-up a Square Space website and payment processing. Partnered with management
to organize inventory and set-up order fulfillment process. Managed Mindbody Connect account.
▪ Retail & Marketing Manager, Lucky Cat Yoga (LCY) – Creative contributor for the studio’s retail
and private label merchandise designs and marketing. Reviewed design concepts, conducted
competitive and price analysis, sourced apparel (blanks), and managed retail inventory. Local leader
managing merchandise and event logistics for LCY at the Wanderlust National Yoga event held in
Tampa in 2019.
▪ Marketing Specialist, Evolation Yoga – Leveraged national and global chapter news to create
Constant Contact newsletters for over 7,000 subscribers. Performed weekly reconciliation of data,
including attendance and billing records for over 3,500 students in the Mindbody Connect system.
▪ Personal Buyer / Fashion Stylist, Private Clients – Developed a buyer’s plan based on customer
fashion likes, wardrobe needs/wants, and budgets. Focused on unique, fashion-forward wardrobe
builds, and when possible, sustainable fashion sources. Traveled to major cities such as New York,
Miami, San Francisco, and Los Angeles to collaborate with designers, boutiques, shoppers, and
personal assistants to source and deliver unique designs, textile, and vintage fabrics.
YOGA INSTRUCTOR / Lucky Cat Yoga, Tampa, FL 05-2016 to 08-2020
Yoga Instructor teaching breathing, modifications, and adjustments in modern Vinyasa and adaptation
yoga. Specialized in private client instruction, off-site yoga programs, and unique community events.
▪ Contracted to teach Yoga and Stretch to summer youth ballet dancers at the Straz Theatre and the
Patel Performing School for the Arts at the Hillsborough Community College Ybor campus.
▪ Led special venue classes at offsite locations, including the Salvador Dali Museum and Hillsborough
County Library. Hosted 20 to 30+ students for Yoga 101 and Chair Yoga.
JORGE-LUIS GODINEZ / jorge-luisgodinez@msn.com / 415-763-9225
SALES DIRECTOR / The Shop-The Look, Tampa, FL 12-2009 to 03-2014
Sales Leader and Merchandise Buyer for a boutique shop offering women’s clothing, accessories,
footwear, and gift items. Supported open and close procedures, inventory analysis, merchandising, and
one-on-one personal-shopper relations. Created inventory buying plans with a focus on acquiring unique
pieces that aligned with color and microclimate trends for women aged 18 to 38 in the Tampa Bay area.
▪ Directed markdown processes to attract new clients, boost sales, and capture additional market
share. Trained staff on client engagement, sales techniques, and product positioning.
▪ Worked with clients on selections. Positioned clothing, accessories, and gift items as up-sells and
cross-sales when appropriate. Drove 70% of store revenues through personal sales.
RETAIL MANAGER / Alfieri Farms, San Francisco, CA 07-2011 to 02-2012
During a sabbatical from the The Shop, traveled to California to manage a retail store for a local fruit and
almond purveyor in the San Francisco Ferry Building that practiced organic sustainable farming. Opened
and closed the store, managed banking, and assisted retail and wholesale clients.
▪ Supported owner in growing revenues to over $20K per month.
STORE MANAGER / Bealls Home Store, Tampa, FL 10-2008 to 10-2009
Managed department store selling furniture, home décor, and gifts. Led a team of 6, including hiring,
firing, scheduling, performance management, product knowledge training, and superior customer service
skill development. Led daily retail banking, inventory management, and visual and promotional displays.
▪ Directed store operations, implementation and interpretations of policies and procedures, and loss
control initiatives. Received, organized, and created floor plans for new merchandise.
▪ Ranked #1 in sales in the district. Increased monthly sales by over 35% each month.
PRIOR ROLES
COUTURE-COUTURE SPECIALIST / Juicy Couture, San Francisco, CA
SENIOR SALES LEAD FOR BRITISH MEN’S FASHION / Ted Baker, San Francisco, CA
STORE MANAGER & SENIOR BUYER / Bulo Shoes, San Francisco, CA
SALES MANAGER & BUYER / UKO, San Francisco, CA
EDUCATION
MS Office Excel, PowerPoint, and Adobe Training, Computer Coach, St. Petersburg, FL
Supply Chain Management Course, Computer Coach, St. Petersburg, FL
Associate Degree in Art History Major, S.F.S.U. in San Francisco, CA
Certified Yoga Instructor, 200 Hour YTT, 500 Hour YTT
VOLUNTEER AND COMMUNITY WORK
Board of Director, Metro Inclusive Health – Tampa Bay, FL 2019 to Present
Paw It Forward Telethon Volunteer & Dog Walker, S.P.C.A. Tampa Bay – Tampa, FL 2020
Volunteer & Yoga Instructor, Metro Inclusive Health – Tampa Bay, FL 2017 to Present
Yogi & Volunteer Event Coordinator, Wanderlust Yoga National Event – Tampa, FL Nov 2016
Yogi & 5K Event Positivity Support, Wanderlust Yoga National Event – Brooklyn, NY Nov 2015
Submit Date: Nov 13, 2024
First Name Middle
Initial
Last Name
Email Address
Home Address Suite or Apt
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title
Advisory Boards Application
Profile
Length of Residency - please select one. *
6+ years
Do you own or represent a business in Clearwater?
Yes No
If yes, where is the business located? Do you conduct business with the City?
Which Boards would you like to apply for?
Library Board: Submitted
Occupation - If retired, enter former occupation.
Software Developer
Have you served or do you serve on a board in Clearwater?
Yes No
If yes, please list the name of the board.
Richard Landry
rlandry@conquestsystems.com
854 Harbor Island
CLearwater FL 33767
Mobile: (301) 332-5422
retired N/A
Richard Landry
Upload a Resume
Please attach a copy of one of the following
documents: 1) valid current Florida Driver
License issued to an address within city limits, or
2) Declaration of Domicile filed with the city clerk
affirming residency within city limits.
Why do you wish to serve on this board/committee? If seeking
reappointment, state why you should be reappointed.
I have worked in the Library space for over 20 years. I built a product called Data-Planet that
is sold to mostly academic research libraries, they we did have some public library
customers. Over my career, I have worked with most of the major vendors in the space and
consider many of them friends. I enjoy the library community and the service oriented nature
of the people in the community. I want to serve on this board because I think I can add value
based on my work experience.
What personal qualifications can you bring to this board or committee?
I bring a wealth of knowledge of the library space. In recognize that there are differences
between the academic space and the public library space, but I still believe I can be of value.
I have contacts at most of the major vendors at the highest levels. Over the last twenty
years, much of my work has been traveling to libraries around the country so I bring a
wealth of knowledge about what other libraries are doing. I have also attended over 30
Nation and Winter ALA meeting and continue to go regularly.
List Community Activities
I do significant work with the League of Women Voters. I am a Eucharistic Minister and I am
an avid Golfer. Instead of submitting a resume, I am including my LinkedIn Profile.
https://www.linkedin.com/in/richard-landry-822112
Question applies to multiple boards
Question applies to multiple boards
Are you related to any member of the City Council?
Yes No
Question applies to multiple boards
If yes, please provide name and explain relation.
N/A
Question applies to multiple boards
Are you related to a city employee?
Yes No
Question applies to multiple boards
If yes, please provide name and explain relation.
N/A
Landry_Resume.docx
Richard Landry
Date of Birth
Demographics
Some boards and commissions require membership to be racially, politically or
geographically proportionate to the general public. The following information helps
track our recruitment and diversity efforts. (Optional)
Ethnicity
African American
Gender
Male
The City of Clearwater strives to promote diversity and provide reasonable
accommodations for individuals with disabilities. If you are requesting
accommodation, please indicate below:
By clicking on "I Agree," below, I affirm that the information above is true
and correct, and that I understand and agree to the responsibilities and
commitment of time associated with an appointment to a Clearwater
advisory board or committee.
I Agree
All material submitted to the City of Clearwater is subject to the public records law of
the State of Florida including Chapter 119, Florida Statutes.
06/01/1964
Richard Landry
Richard Landry
854 Harbor Island
Clearwater, FL 33767
Phone: 301-332-5422
E-mail: rlandry@conquestsystems.com
Overview
CEO Richard L. Landry is the founder and CEO of Conquest Systems, Inc. He led the company’s
growth to an Inc. 500 company in 2001 with employees in Washington, DC, Georgia and California.
Under Mr. Landry’s leadership, the company earned a reputation for providing timely, innovative,
high-quality solutions. The company’s client list included the United States Postal Service, the Joint
Chiefs of Staff, the Federal Aviation Administration, other city and federal agencies, and private
businesses. In 2006, Mr. Landry divested the Government Consulting Group division of Conquest to
focus the organization on aggregating and reporting statistical data. The flagship product, Data-Planet
Statistical Datasets, is the largest collection of organized statistical data and is used by many of the
world’s leading research universities, as well as corporate and government research organizations
and public libraries. In 2018, Data-Planet was sold to SAGE Publishing. Mr. Landry has been
recognize for his ability to apply technology to business problems, focusing in emerging areas.
Education
B.S. Electrical Engineering, Valparaiso University (completed: June 1986)
Experience
Director of Data Innovation (2018–2020)
Sage Publishing
Responsible for growth of the data product line for the company. Also responsible for integration of
data into existing products and the development of tangential data products sold with the Data-
Planet product.
CEO (1996–2018)
Conquest Systems, Inc.
Built Conquest Systems into one of the fastest growing privately held companies in the country,
recognized by Inc as one of the 500 fastest growing companies in the country in 2001 and 2002.
Led implementation of CMM Level 3 Quality management programs. At the time we were on the
second 8(a) firm in the country to be independently audited as a CMM Level 3 company.
In 2006, sold Software Development Services Group to focus on Data-Planet, a revolutionary
research focused data repository.
Developer of Data-Planet, used in over 175 research universities worldwide. Recognized as the
largest organized statistical repository available.
Submit Date: Nov 19, 2024
First Name Middle
Initial
Last Name
Email Address
Home Address Suite or Apt
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title
Advisory Boards Application
Profile
Length of Residency - please select one. *
1 to 5 years
Do you own or represent a business in Clearwater?
Yes No
If yes, where is the business located? Do you conduct business with the City?
Which Boards would you like to apply for?
Library Board: Submitted
Occupation - If retired, enter former occupation.
Volunteer
Have you served or do you serve on a board in Clearwater?
Yes No
If yes, please list the name of the board.
Tanya H Landry
tlandry@conquestsystems.com
854 Harbor Is
Clearwater Beach FL 33767
Home: (301) 706-5862
Retired Volunteer
Tanya H Landry
Upload a Resume
Please attach a copy of one of the following
documents: 1) valid current Florida Driver
License issued to an address within city limits, or
2) Declaration of Domicile filed with the city clerk
affirming residency within city limits.
Why do you wish to serve on this board/committee? If seeking
reappointment, state why you should be reappointed.
I am a life- long book nerd and lover of libraries. My first library card opened the doors to a
world of knowledge and adventures in a safe space with assistance from librarians, who are
just special people. Libraries offer community and connection to all who care to avail
themselves of the services offered at their local library. My husband and I had a small
business that sold an internet- based research data product (Data-Planet) to libraries all over
the United States. I handled the contracts for the sales and went to many ALA conventions
and witnessed the wealth of information and technology that librarians use to assist their
patrons. These are challenging times for libraries, which also deal on a daily basis with a
host of societal problems. I am eager to lend my ideas, passion for learning and interest in
community outreach, to enhance how libraries operate now and plan for the future of
libraries.
What personal qualifications can you bring to this board or committee?
I bring a combination of skills: leadership, public speaking, managing volunteers, knowledge
of municipal and city government which bring value to the board. I use the public libraries in
the City of Clearwater and in the surrounding municipalities and have an appreciation of the
diverse programs libraries offer to meet the evolving needs of the community.
List Community Activities
Recent graduate of Citizens Academy, City of Clearwater President, League of Women
Voters, North Pinellas County Member, Pinellas 100 Women Who Care
Question applies to multiple boards
Question applies to multiple boards
Are you related to any member of the City Council?
Yes No
Question applies to multiple boards
If yes, please provide name and explain relation.
None
Question applies to multiple boards
Are you related to a city employee?
Yes No
Question applies to multiple boards
If yes, please provide name and explain relation.
none
resumefinal.docx
Tanya H Landry
Date of Birth
Demographics
Some boards and commissions require membership to be racially, politically or
geographically proportionate to the general public. The following information helps
track our recruitment and diversity efforts. (Optional)
Ethnicity
African American
Gender
Female
The City of Clearwater strives to promote diversity and provide reasonable
accommodations for individuals with disabilities. If you are requesting
accommodation, please indicate below:
By clicking on "I Agree," below, I affirm that the information above is true
and correct, and that I understand and agree to the responsibilities and
commitment of time associated with an appointment to a Clearwater
advisory board or committee.
I Agree
All material submitted to the City of Clearwater is subject to the public records law of
the State of Florida including Chapter 119, Florida Statutes.
04/10/1960
Tanya H Landry
Tanya H. Landry
854 Harbor Island, Clearwater, Fl 33767 |301-706-5862 | tlandry@conquestsystems.com
Objective: To contribute to a mission driven organization that serves the community using my organizational and communication
skills.
SUMMARY
Highly skilled executive responsible for managing day to day operations including HR, Sales, Finance, and Contracts in both
for profit and non-profit sectors. Track record of implementing process and system improvements that deliver efficiencies and
cost savings. Exceptional organizational skills and attention to detail. Excellent oral and written communications skills
EDUCATION
• B.S. Health Education, University of Maryland
• M.A. Health Care Administration, University of Maryland, University College
EMPLOYMENT
Vice President; Operations, Conquest Systems, Inc., Bethesda, MD, 1999-2019
Successfully led business through major changes from consulting to product based through final sale.
• Managed day to day operations of internet- based software company that sold a data research product, -Data-Planet to libraries and
research institutions across the country. Demonstrated leadership skills including broad knowledge of management practices, human
resources, business analysis, and project management skills. Directed, implemented, and tracked projects to accomplish strategic goals
and objectives. Evaluated and advised on the impact of long-range planning and the introduction of new programs/strategies and
regulatory action. Led and oversaw a highly productive team through strong communication, empowerment, reward, and coaching
techniques. Championed strategies that nurtured an inclusive, healthy work culture, while upholding organizational values.
VOLUNTEER EXPERIENCE
President, League of Women Voters, North Pinellas County, March 2024-present
Board Member, League of Women Voters, North Pinellas County, 2020-present
Positions held: Co-Chair Membership Committee, Candidate Forum Chair
• Coordinate voter registration and outreach events.
• Moderator for local candidate forums. Provide research skills to contribute to production of voter guide.
• Plan and develop community forums based on critical issues in Pinellas County
• Partner with coalitions and other organizations to advance the mission: empowering voters and defending democracy
Member, 100 Women Who Care, 2022-present
Increase ability to fund notable charities through increased membership
• Financially contribute to organization that provides grants to local charities.
• Participate in the selection of delegating funds to charitable organizations.
Client Intake Specialist; St Petersburg Free Clinic, We Help Food Pantry, 2019-2022
Helped to feed hundreds of individuals and families in need; adapted to outside drive-thru program during pandemic.
• Responsible for interviewing clients and assessing client needs for food pantry and other services. Successfully processed clients
using Q-minder software and in-house database.
Leadership Recognition
Graduate- Citizens Academy, City of Clearwater, November 2024
Awarded National Distinguished Volunteer Award
Girls on the Run, Montgomery County, MD, 2008 - 2018
2
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#24-1571
Agenda Date: 12/16/2024 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: City Clerk
Agenda Number: 8.3
SUBJECT/RECOMMENDATION:
Approve the 2025 State Legislative Agenda.
SUMMARY:
Page 1 City of Clearwater Printed on 12/11/2024
2025 State Legislative Agenda
DRAFT
Funding Requests
The city will seek funding through grants and other sources to assist in implementing projects to
meet the needs of our citizens and improve their quality of life.
North Beach Stormwater Improvements – $3 million
This resiliency project will replace the existing gravity system with a new stormwater
system designed to decrease the intensity, frequency, and duration of flood events that
currently affects our North Beach residents.
Living Seawall - $5 million
This project will raise seawalls to mitigate against flood damage and transition some to
living seawalls to help improve overall water quality. During 2024, the city experienced
three storm events that overtopped existing seawalls from tidal surges. Clearwater has
submitted a Gulf Futures Grant application to partially fund the project.
Issues to Support
The City of Clearwater supports legislation and programs that benefit municipalities and assists
in implementing services to meet the unique needs of our citizens and improve their quality of
life including:
Attainable Housing
Ensure all Sadowski State and Local Housing Trust Funds are used exclusively to
finance affordable and workforce housing programs and rental assistance programs.
Public Safety
Adopt a reasonable statewide standard (45-day max) to provide local governments the
authority to regulate waterways in their jurisdictions in order to address the unregulated
storage dump created by derelict vessels.
Amend SB 184, Harassing First Responders, to expand the definition of the term “legal
duty” to include officers attempting to interview a witness or victim.
Provide additional funding to local governments to address requirements of HB 1375,
Unauthorized Public Camping/Sleeping, which requires local governments to address
the problem with law enforcement as a compliance tool.
Authorize municipalities and counties to restrict vessels from anchoring in the
intercoastal waterways within 1,000 feet of an area that is primarily residential in nature
and that has a residential density of one or more dwelling units per acre, or within 1,000
feet of a bridge or causeway.
Amend FS 790.06(12)(a) to include ticketed concert venues as an additional exemption
where carrying a concealed weapon with a permit is not authorized, similar to what is
already in place for sports venues.
Local Governance
Allow local governments to regulate vacation rental properties to protect the health and
welfare of their residents, visitors, and businesses.
Allow local governments to regulate tree preservation, removals, and replacements to
protect the environment and the health and welfare of their residents, businesses, and
visitors.
Sustainability & Resiliency
Develop a statewide climate resiliency plan and funding source to assist local
communities who have implemented plans to combat sea level rise.
Increase funding for Resilient Florida Grants program to assist municipalities with
implementing climate-resilient infrastructure.
Provide intergovernmental coordination that supports sustainability and resiliency efforts
at the county and municipal levels, such as clean energy, land conservation, smart
growth, a planned transition to 100% renewable energy goals, open space and wetlands
preservation, and the impacts of climate change and sea level rise on natural resources
and manmade infrastructure.
Establish a framework for a state water infrastructure and water quality funding program
that includes sustainable utility practices and intragovernmental coordination.
Continue funding the State of Florida’s beach renourishment program.
Continue funding My Safe Florida Home, assisting eligible homeowners with free wind
mitigation home inspections and matching grants to fortify homes against hurricane
damage.
Economic Development
Support legislation that attracts and incentivizes film and television production in the
State of Florida.
Education
Support the expansion of the VPK program to include children at a younger age,
allowing parents to return to the workforce sooner.
Property Insurance
Continue insurance reform which encourages continued stabilization of the market.
Issues to oppose
Erosion of local self-government (Home Rule), a constitutional right Floridians supported
in a statewide vote 56 years ago.
Increased regulation of, or restrictions on, municipal operations and budgeting.
Preemption of local government’s ability to regulate Airbnb rentals, or similar
marketplaces, that allow individuals to rent out unused spaces in their homes for lodging.
Weakening existing laws related to offshore oil drilling in the Gulf of Mexico.
Restriction or elimination of Community Redevelopment Agencies.
Imposed consolidation of municipal and county services.
In addition, the City will support the Florida League of Cities in pursuing its legislative issues.
The City will strive to inform residents of legislative initiatives that will impact the city and their
quality of life and encourage citizen engagement with state legislators.
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: 24-20
Agenda Date: 12/16/2024 Status: Agenda ReadyVersion: 1
File Type: ResolutionIn Control: City Attorney
Agenda Number: 9.1
SUBJECT/RECOMMENDATION:
Reaffirm that portions of the former Harborview Property are unnecessary for public purposes;
that disposal of said land is in the best interest of the Public; authorizing conveyance of the
land by warranty deed pursuant to the terms of the purchase and sale agreement; authorizing
the appropriate officials to execute said deed; releasing any automatic reservation and right of
entry in accordance with F. S. 270.11, authorize the appropriate officials to execute same, and
adopt Resolution 24-20.
SUMMARY:
On August 4, 2022, the City Council approved a Purchase and Sale Agreement for the former
Harborview site, previously addressed as 320 Cleveland Street, and being re-addressed as 50
N. Osceola Ave. The PSA contemplates a Closing Date by December 31, 2024, barring
unusual circumstances. The PSA requires the buyer to obtain all pre-development approvals,
such as an approved site plan and building permit, and to provide the City with satisfactory
evidence of adequate financing and construction agreements in place prior to closing.
The proposed resolution complies with the current title commitment’s requirements and
authorizes the appropriate officials to execute a warranty deed and other conveyance
documents as necessary in order to convey marketable title in accordance with the terms of
the Purchase and Sale Agreement, which will occur upon the satisfaction of all closing
conditions.
Page 1 City of Clearwater Printed on 12/11/2024
Page 1 of 2
THIS INSTRUMENT PREPARED BY:
Jerrod D. Simpson, Esq. City Attorney's Office
City of Clearwater 600 Cleveland St. Suite 600
Clearwater, Florida 33755 (727) 562-4010
Property I.D. No.:
WARRANTY DEED
THIS WARRANTY DEED is made and given this ______ day of December, 2024, by the City of Clearwater, whose post office address is 600 Cleveland Street, Suite 600, Clearwater, FL 33755 (“Grantor”), to The DeNunzio Group, LLC, a Florida limited liability company whose mailing address is 3060 Alternate 19 North, Palm Harbor, Florida 34683 and Gotham Property Acquisitions, LLC, a New York limited liability company, whose
mailing address is 432 Park Avenue South, Second Floor, New York, New York 10016, (“Grantees”). The Grantor, for and in consideration of Ten and No/100 Dollars ($10.00), lawful money of the United States, and other good and valuable consideration paid by the
Grantees, the receipt of which is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms to the Grantees, its successors and assigns forever, the following described parcel of land located in Pinellas County, Florida, to wit: Lot 2, Block 1, Coachman Park, according to the map or plat thereof, as recorded in Plat Book 147, Page(s) 63, of the Public Records of Pinellas County, Florida. TO HAVE AND TO HOLD, the same in fee simple forever. This Conveyance is made pursuant to Resolution of the City Council for the City of
Clearwater attached hereto as Exhibit B and incorporated herein. The Grantor expressly releases any automatic reservation and right of entry in accordance with Florida Statute Section 270.11. The Grantor does hereby fully warrant the title to said land, and will defend the same
against the lawful claims of all persons whomsoever.
[Signature Page to Follow]
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This instrument is executed pursuant to Fla. Stat. § 692.01 & 692.02.
THE CITY OF CLEARWATER, FLORIDA (GRANTOR) By: ___________________________
Bruce Rector, Mayor
Approved as to form: Attest: _____________________ _________________________
David Margolis Rosemarie Call
City Attorney City Clerk
RESOLUTION 24-20
RESOLUTION NO 24-20
A RESOLUTION OF THE CITY OF CLEARWATER REAFFIRMING THAT PORTIONS OF THE FORMER
HARBORVIEW PROPERTY ARE UNNECESSARY FOR PUBLIC PURPOSES; THAT DISPOSAL OF SAID LAND IS IN THE BEST INTEREST OF THE PUBLIC; AUTHORIZING CONVEYANCE OF THE LAND BY WARRANTY DEED PURSUANT TO THE TERMS OF THE PURCHASE AND
SALE AGREEMENT; AUTHORIZING APPROPRIATE OFFICIALS TO EXECUTE SAID DEED; RELEASING ANY AUTOMATIC RESERVATION AND RIGHT OF ENTRY IN ACCORDANCE WITH F. S. 270.11; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City of Clearwater owns in fee simple a parcel of land with parcel identification number 16-29-15-57996-000-0030, said parcel being colloquially known as the “Former Harborview Site”; and
WHEREAS, the City of Clearwater has replatted the land of Coachman Park including the Former Harborview Site, such that it may be legally described as Lot 2, Block 1, Coachman Park, according to the map or plat thereof, as recorded in Plat Book 147, Page(s) 63, of the Public Records of Pinellas County, Florida (“Subject Property”).
WHEREAS, on November 8, 2022, the electors of the City of Clearwater approved
an amendment to the Clearwater City Charter, authorizing the sale of the parcel (the “Subject Property”) to Gotham Property Acquisitions, LLC, and the DeNunzio Group, LLC; and
WHEREAS, On August 4, 2022, the City of Clearwater City Council approved a purchase and sale agreement with these buyers for sale of the parcel subject to certain
conditions precedent (“Purchase Agreement”); and
WHEREAS, the City of Clearwater has also, as required by the City Charter, entered into a detailed development agreement regarding the Subject Property; and
WHEREAS, the terms of that development agreement have been approved by the City Council pursuant to Florida Statute § 163.3225, and are recorded in Book 22172,
Page 916, of the Official Records of Pinellas County; and
WHEREAS, the Clearwater City Council desires to authorize the conveyance of the land as described herein to the purchaser with contractual rights under a Purchase Agreement with the vested owner identified therein by and through the appropriate city officials who are authorized to execute said deed and any other necessary documents
pursuant to applicable law; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA:
RESOLUTION 24-20
SECTION 1: The Clearwater City Council hereby reaffirms that the Subject Property is unnecessary for public purposes.
SECTION 2: The Clearwater City Council reaffirms that disposal of the Subject Property is in the best interest of the Public.
SECTION 3: The Clearwater City Council authorizes the conveyance of the land as described herein to the purchaser with contractual rights under the Purchase Agreement with the vested owner identified therein by and through the appropriate city
officials authorized to execute said Deed and other necessary conveyance documents
pursuant to applicable law.
SECTION 4: The Clearwater City Council approves of the conveyance of the land by Warranty Deed in the statutory form, and said Deed shall release any automatic reservation and right of entry in accordance with Florida Statute Section 270.11.
SECTION 5: This Resolution is not intended to modify, amend, or supersede the
terms of the Purchase Agreement or development agreements described herein. The provisions of this Resolution are independent, and should any part be found void or unenforceable, the remaining provisions shall continue in force.
SECTION 4: This Resolution shall be effective upon adoption.
PASSED AND ADOPTED this______ day of December 2024. __________________________
Bruce Rector Mayor Approved as to form: Attest:
_______________________ __________________________ Jerrod Simpson Rosemarie Call Senior Assistant City Attorney City Clerk
CONTRACT FOR PURCHASE OF REAL PROPERTY
PARTIES: THE CITY OF CLEARWATER, FLORIDA, a Municipal Corporation of the
State of Florida whose mailing address is P.O. Box 4748, Clearwater, Florida 33758-
3683 (herein "Seller" or "City"), and The DeNunzio Group, LLC, a Florida limited liability
company ("DeNunzio"), whose mailing address is 3060 Alternate 19 North, Palm Harbor,
Florida 34683, and Gotham Property Acquisitions, LLC, a New York limited liability
company ("Gotham"), whose mailing address is 432 Park Avenue South, Second Floor,
New York, New York 10016, (DeNunzio and Gotham are collectively referred to herein as
Buyer') (each a "Party" and collectively the "Parties") hereby agree that the Seller shall
sell, and Buyer shall buy the following real property upon the following terms and
conditions contained herein ("Contract").
1. PROPERTY DESCRIPTION
A. A parcel of land generally described as: Exhibit "A" (attached hereto and
incorporated herein):
Parcel "A" — a portion of Pinellas County Property I.D. #16-29-15-57996-000-
0030, more particularly described in Exhibit "A" attached hereto and by this
reference made a part hereof, not to exceed 1.5 acres in size.
Parcel "A" shall be more particularly described by a survey as provided for in
Section 10 herein.
B. All buildings and other improvements situated thereon, including, but not limited
to, any fixtures, building materials or equipment located thereon (collectively, the
Improvements");
C. Any and all land use, zoning, and development rights and other intangible rights
and interests owned by Seller and in any way related to, benefiting, or used
and/or to be used in connection with the Land, including, without limitation, any
third party warranties or guaranties relating to the Land or its Improvements;
D. All licenses, permits, consents, rights-of-way and approvals that benefit or are
related to the Land, including, but not limited to, the Approvals and all riparian
and littoral rights, all prepaid impact and other fees, all sewer and water
rights/commitments, zoning applications and other land use and/or development
rights/commitments; and
E. Such other rights, interests and properties as may be specified in this Contract
to be sold, transferred, assigned or conveyed by Seller to Buyer.
Parcel "A", together with the Improvements, rights, interests and other properties
described above, are collectively called "the Land."
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PERSONALTY: NONE
2. FULL PURCHASE PRICE $9,300,000.00
Together with any credits or funds provided for herein or in that certain Development
Agreement (defined herein) executed on even day herewith and memorializing the
intended use of the Land. The Parties acknowledge that the Seller shall be required to
contribute funds to Buyer pursuant to the Development Agreement; such funds are for
the benefit of Buyer and shall be shown as a credit on the dosing statement, and any excess
funds shall be released directly to Buyer.
3. MANNER OF PAYMENT:
Federal funds wire in United States currency funds at time of closing as more
particularly described in this Contract.
4. PURCHASE PRICE
The full Purchase Price of Nine Million and Three Hundred Thousand Dollars and
no/100s ($9,300,000.00) as shown herein, subject to adjustments pursuant to this
Contract and the Development Agreement, has been reached in accordance with the
terms of that certain Request for Development Concepts (RFP No. 28-22) for Downtown
Clearwater Waterfront Development Opportunities for the old City Hall Site and the
Harborview Site, as defined in the Development Agreement. Jim Millspaugh, PAI
performed appraisals of the Land on behalf of the Seller pursuant to City of Clearwater
Charter requirements.
5. PURPOSE
The Council of the City of Clearwater, Florida ("Council") determined its desire to
convey the Land to Buyer pursuant to the approval of Ordinance 9597-22.
6. TIME FOR ACCEPTANCE APPROVALS
At its meeting of August 4, 2022, Council authorized execution of this Contract by the
City Manager.
The Parties agree this Contract is expressly contingent on the approval of the
Referendum amending the City Charter authorized to be placed on the ballot by
Ordinance 9597-22 as approved by Council on August 4, 2022 (the "Referendum"). In
the event the Referendum does not receive approval at the general election held
November 8, 2022, this Contract and all responsibilities of the parties herein shall be of
no further effect.
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7. TITLE
Seller warrants authority to and legal capacity to and shall convey marketable title to the
Land by Special Warranty Deed, subject only to matters contained in Paragraph 8 of this
Contract. Otherwise, title shall be free of all liens and encumbrances of record or
known to Seller, but subject only to the Permitted Exceptions; and at Closing no
violation of the foregoing exists.
8. TITLE EVIDENCE
A. Seller shall, at Seller's expense and no later than December 9, 2022, deliver to
Buyer a title insurance commitment issued by a Florida licensed title insurer
Title Company") agreeing to liens, encumbrances, exceptions or qualifications
set forth in this Contract, and those which shall be discharged by Seller at or
before Closing ("Title Commitment"). The Title Commitment shall agree to
issue to Buyer, upon the Closing of this transaction, a title insurance policy in the
full amount of the Purchase Price, without exception for any matters other than
the Permitted Exceptions as hereinafter defined. In addition, Seller agrees to
provide Title Company with all documentation as may be necessary or required
related to the approval of the Referendum.
B. If the Title Commitment and/or Survey (defined below) reveals any defects or any
matters that are unacceptable to Buyer (a "Defect"), Buyer shall notify Seller in
writing of such Defects within twenty (20) days after Buyer's receipt of the Title
Commitment and/or the Survey, whichever is later. Notwithstanding anything to
the contrary, delivery of the Title Commitment and any updates thereto to the
Seller, shall be deemed Buyer's written notice of Defects. Seller shall, at its sole
cost and expense, promptly undertake to eliminate all such Defects to the
reasonable satisfaction of Buyer and the Title Company. Seller agrees to use its
best efforts to satisfy promptly any such Defects, but in the event Seller is unable
within the exercise of due diligence to satisfy said Defects within sixty (60) days
after said notice, Buyer may, at its option, (a) accept title subject to the Defects
raised by Buyer in which event said Defects shall be deemed to be waived for all
purposes or (b) cancel this Contract upon written notice to Seller and this
Contract shall be of no further force and effect. It is expressly agreed that Buyer,
in its sole discretion, may elect to accept or reject any proposed affirmative title
insurance as a satisfaction of a Defect. It is further specifically understood that
Buyer hereby objects to and will require the deletion of all standard exceptions
including, without limitation:
i. rights or claims of parties in possession not shown by public
records;
ii. easements or claims of easements not shown by public records;
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iii. discrepancies, conflicts in boundary lines, shortage in area,
encroachments, and any items in which a correct survey and
inspection of the Land would disclose and which are not shown by
public records;
iv. any lien, or right to a lien, for services, labor or material heretofore
or hereafter furnished, imposed by law and not shown by public
records; and
v. defects and liens first appearing subsequent to the effective date of
the Title Commitment but prior to the Closing Date.
Notwithstanding the foregoing, Seller shall take all steps and spend any and all
sums required to satisfy and effect the removal prior to closing of any title matters
other than the Permitted Exceptions if such title matters are liquidated in amount
or if caused by Seller. In the event that a lien, claim, or cause of action has been
or shall be asserted related to any matter arising prior to Closing, Seller shall, at
its sole cost and expense, immediately discharge or bond the discharge of same
and defend against any claim or cause of action related thereto.
Any licenses or easements through adjoining private land for drainage, ingress,
egress, parking, vehicular and pedestrian passage and the installation, operation
and maintenance of utilities shall be pursuant to recorded agreements
satisfactory to Buyer in its sole discretion, and the easement areas created
thereby shall be insured by the Title Company as part of the Land insured under
the title policy issued at the Closing Date.
C. The Land shall be conveyed to Buyer subject to no liens, charges,
encumbrances, easements, restrictions, exceptions, reservations or other
matters of any kind or character other than the following exceptions (collectively,
the "Permitted Exceptions"):
i. Ad valorem taxes and assessments for the year of Closing and
subsequent years, provided the same are not then due and
payable; and
ii. Zoning ordinances, provided the same permit the existing and
Buyer's contemplated utilization of the Land pursuant to those uses
approved in the Development Agreement.
iii. All terms contained within that certain Development Agreement
related to the Land, recorded in the Official Records of Pinellas
County, and more particularly described in Section 9 of this
Contract.
iv. The terms of the Deed Restriction as provided in Section 11.
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9. DEVELOPMENT AGREEMENT
The Land shall be encumbered by that certain Development Agreement between the
City of Clearwater dated August 4, 2022 and recorded in Book , Pages
of the Official Records of Pinellas County, Florida. ("Development Agreement").
Execution of the Development Agreement shall occur simultaneously with the execution
of this Contract. The Parties acknowledge that the Development Agreement also
includes additional real property that is not subject to this Contract ("City Hall Site"),
which is described on Exhibit B hereto. In the event the Development Agreement is
terminated prior to Closing as to the Land, then this Contract shall be deemed
automatically terminated and all responsibilities of the parties herein shall be of no
further effect. Failure to obtain approval of the Development Agreement shall not be
deemed a breach of this Contract by either Party hereto.
A default under the Development Agreement with respect to the Land shall not be
deemed a default with respect to the City Hall Site and a default under the Development
Agreement with respect to City Hall Site shall not be deemed a default by the Buyer or
Seller with respect to the Land. For the avoidance of doubt, the Parties acknowledge
and agree that closing under this Contract is not conditioned upon closing on City Hall
Site pursuant to the Contract of Purchase of Real Property By The City of Clearwater,
Florida between Buyer and the City, dated as of the date hereof (the "City Hall Site
Contract") and a closing under the City Hall Site Contract is not a condition to closing
under this Contract. The parties further acknowledge and agree that a default under
this Contract shall not be deemed a default under the City Hall Site Contract and default
under the City Hall Site Contract shall not be deemed a default under this Contract.
10. SURVEY
Seller shall, prior to the expiration of the Inspection Period, deliver a survey of the Land
to Buyer ("Survey"), as prepared by a registered Florida land surveyor ("Surveyor"). If
the Survey shows any encroachment on the Land, or that improvements located on the
Land encroach on setback lines, easements, lands of others, or violate any restrictions,
contract covenants or applicable governmental regulation, or any other unacceptable
matter, including any issue with Buyer's intended use of the Land, the same shall
constitute a Defect. The Survey shall be performed to minimum technical standards of
the Florida Administrative Code and may include a description of the Land under the
Florida Coordinate System as defined in Chapter 177, Florida Statutes and certified to
Seller, Buyer, Buyer's assign as provided for in this Contract, Title Company, any other
title insurance company or lender as required by Buyer. Additionally, Seller agrees to
assign or otherwise transfer the Survey to Buyer and otherwise provide direction to the
Surveyor so that Buyer can modify the Survey and otherwise continue to utilize the
Survey and Surveyor, at Buyer's risk.
In consideration for the Seller providing this Survey, the Buyer agrees to hold Seller
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harmless as to the content, completeness, and accuracy of the information contained in
the Survey ("Hold Harmless"); however, the Hold Harmless shall not apply to the plat
as more particularly described in the Development Agreement.
11. DEED RESTRICTION
Buyer and Seller agree that a paramount purpose of this Contract and associated
Development Agreement is to stimulate economic activity. For this reason, the Deed
shall include a restriction that Buyer will not deed the Land or any portion thereof to any
not-for-profit entity. For the avoidance of doubt, this restriction shall survive the
expiration of the Development Agreement.
12. INTENTIONALLY DELETED
13. CLOSING PLACE AND DATE
The closing of the transaction contemplated under this Contract ("Closing") shall be
closed in the offices of the designated Closing Agent in Pinellas County, Florida on or
before December 31, 2024, unless extended by the time allotted for the removal of title
defects as provided for in Paragraph 8 above, Force Majeure Event, Governmental
Delay, or as provided below in this Section 13 ("Closing Date"). The Seller shall
designate the closing agent ("Closing Agent").
The Buyer and Seller acknowledge and agree that time shall be of the essence with
respect to the performance by the Buyer of its obligation to purchase the Land, pay the
Purchase Price, and otherwise consummate the transactions contemplated in this
Contract by the Closing Date. For that reason, if the Closing does not occur by the
Closing Date except in the case of Event of Default on the part of Seller, the Seller shall
have the unilateral right, in its sole discretion, to terminate the Contract without penalty if
Closing does not occur on or before the Closing Date.
Notwithstanding the previous paragraph, if the Closing does not occur by the Closing
Date, and provided that Buyer is using Commercially Reasonable Efforts (as defined in
the Development Agreement) to obtain approval for any necessary permits or other
Approvals, Buyer shall have the option to extend Closing Date for an additional ninety
90) days, by delivering written notice thereof to Seller prior to the expiration of the
Closing Date, and submitting payment to the Seller in the sum of Two Hundred
Thousand Dollars ($200,000.00) ("Extension Fee"), which Extension Fee shall be
nonrefundable and not applicable towards the Purchase Price except in the case of an
Event of Default on the part of the Seller.
14. CLOSING DOCUMENTS
Closing Agent, on behalf of Seller, shall furnish closing statements for the respective
Parties. Additionally the respective Parties shall execute, as applicable, the following
closing documents at Closing:
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i. Special Warranty Deed;
ii. Bill of Sale (if applicable);
iii. Mechanic's Lien and Possession Affidavit;
iv. FIRPTA affidavit;
v. Corrective instruments that may be required for the conveyance;
vi. Blanket conveyance and assignment;
vii. All other documents as may be required by this Contract or by the Title
Company, including any documentation required by the Title Company to verify
approval of the Referendum;
viii. A license for the use of the Main Library Site, as described in Exhibit "C" attached
hereto and made part hereof, for parking and access;
ix. Escrow Agreement; and
x. All other documents that may be required under the Development Agreement.
The appropriate Parties shall deliver resolutions or applicable documents authorizing
the sale and delivery of the deed and certifying the resolution or documents and setting
forth facts showing the conveyance conforms to the requirements of local law.
15. CLOSING EXPENSES
Pursuant to Chapter 201.24, Florida Statutes, Seller is exempt from paying
documentary stamps on the deed. Buyer shall pay the cost for documentary stamps if
applied to this transaction. Recordation of the deed shall be paid by Buyer. Seller shall
pay the costs of recording any corrective instruments, the Survey, and title insurance as
provided in this Contract. All other closing costs shall be apportioned in the manner
customary for commercial real estate transactions in Pinellas County, Florida.
16. PRORATIONS; CREDITS
Taxes, assessments, rent (if any) and other revenue of the Land shall be prorated
through the day before Closing. Closing Agent shall collect all ad valorem taxes
uncollected but due through day prior to Closing Date and deliver same to the Pinellas
County Tax Collector or other applicable party. If the amount of taxes and assessments
for the current year cannot be ascertained, rates for the previous year shall be used with
due allowance being made for improvements and exemptions. Assessments for any
improvements that are substantially complete at time of closing shall be paid in full by
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Seller. Additionally, the Purchase Price shall be subject to any applicable prorations,
credits, or offsets as provided for herein or in the Development Agreement.
17. OCCUPANCY
Seller warrants that there are no parties in occupancy other than the Seller, or as
otherwise disclosed herein. Seller agrees to deliver occupancy of the Land at time of
Closing Date unless otherwise stated herein. At Closing, Buyer agrees to accept the
Property in its existing conditions unless otherwise stated herein or in separate writing.
The Land shall be delivered free and clear of all occupants, licensees or other users,
except as provided for in this Contract.
18. LEASES
Seller warrants there are no tenants occupying the Land and that no leases, licenses, or
other occupancy agreements exist, recorded or unrecorded, authorizing such occupancy
or use of the Land.
19. PROPERTY CONDITION
Subject to the representations and warranties contained in this Contract, and Seller's
obligations under the Development Agreement, including, but not limited to Seller's
obligation to undertake the environmental remediation and demolition of the existing
improvements on the Land, Seller shall deliver the Land to Buyer at time of Closing
Date in accordance with the Contract and the terms of the Development Agreement.
Seller makes no warranties other than is disclosed in this Contract, in the Development
Agreement, or in any of the Closing Documents.
a. As Is with Right of Inspection: Buyer may as of the Effective Date, at Buyer's
expense, and within 60 days following the Referendum Date hereof ("Inspection
Period"), conduct inspections, tests, environmental and any other investigations of
the Land Buyer deems necessary to determine suitability for Buyer's intended use.
Upon Seller's execution hereof, Seller shall grant reasonable access to the Land
to Buyer, its agents, contractors and assigns for the purposes of conducting the
inspections provided, however, that any intrusive sampling of soils and
groundwater on the Land shall be conducted only (i) during regular business
hours, (ii) with no less than two (2) business days prior written notice to Seller,
which notice shall include the proposed scope of work for any such intrusive
sampling, and (iii) in a manner which will not unduly interfere with Seller's current
use of the Land. Prior to entering the Land or performing any intrusive soil or
groundwater sampling on the Land, Buyer shall deliver to Seller a certificate of
insurance evidencing that Buyer's consultant has in place and shall maintain
during the pendency of work on the Land commercial general liability insurance
with limits of at least One Million Dollars ($1,000,000) per occurrence and Two
Million Dollars ($2,000,000) in the aggregate for bodily injury or death and
property damage insurance including coverage for contractual liability covering
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any accident arising in connection with the presence of Buyer's consultant, or its
subcontractors, agents and representatives on the Land, which shall name Seller
as additional insureds and is written by a reputable insurance company,
provided, however, that in no event shall Buyer be liable for any pre-existing
conditions. Any damage to the Land caused by Buyer or its consultants in
conducting any such environmental assessment, investigation or review shall be
repaired by Buyer at its sole cost and expense provided, however, that in no
event shall Buyer be liable for any pre-existing conditions. Seller will ensure that
throughout the Inspection Period, any existing utilities services required for
Buyer's inspections and investigations shall be maintained and not disconnected.
Buyer shall not engage in any activity that could result in a mechanics lien being
filed against the Land without Seller's prior written consent. In the alternative, at
the Buyer's sole discretion, if Seller offers to repair or otherwise remedy such
conditions to Buyer's satisfaction, Buyer may accept such offer. If Buyer
terminates this Contract, and this transaction does not close, Buyer agrees, at
Buyer's expense, to repair all damages to the Land resulting from the inspections
and investigations and return the Land to its present condition.
Buyer may terminate this Contract by written notice to Seller prior to expiration of
the Inspection Period for any reason whatsoever, or for no reason.
b. Buyer's Agreement to Indemnify: Buyer hereby agrees to indemnify, defend
and hold Seller harmless from and against any and all liens, claims, causes of
action, damages, liabilities and expenses (including reasonable attorneys' fees)
caused by Buyer's inspections or tests permitted under this Contract with respect
to conditions created by the Buyer as a result of its inspections. In no event shall
Buyer be liable to indemnify Seller in connection with any pre-existing conditions.
Buyer's obligations under this Section shall survive the termination of this
Contract and shall survive the Closing.
c. Document Delivery. Seller shall provide to Buyer any and all prior surveys,
environmental reports, plans, specifications and contracts associated with the
Land within ten (10) days of the Effective Date.
20. WALK-THROUGH INSPECTION
At a time mutually agreeable between the Parties, but not later than the day prior to
Closing, Buyer may conduct a final "walk-through" inspection of the Land to determine
compliance with any Seller obligations and to ensure that all Property is in and on the
premises. No new issues may be raised as a result of the walk-through.
21. RISK OF LOSS
If the Land is damaged by fire or other casualty before closing, Buyer shall have the
option of either taking the Land "as is", or of canceling this Contract. Seller shall have
no obligation to repair or rebuild.
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22. DEFAULT
A material breach by either Party of any term of this Contract shall constitute an Event
of Default. Upon an Event of Default, the aggrieved Party shall promptly notify all other
parties of the basis for concluding that an Event of Default has occurred. In such event,
the accused Party shall have thirty (30) days to respond and cure the Event of Default
or such longer period of time if such Event of Default is not capable of being cured
within thirty (30) days provided the accused Party is making good faith efforts to cure
such Event of Default ("Cure Right"). If the Party fails to respond, or fails to cure the
Event of Default, the aggrieved Party shall have the ability to unilaterally cancel this
Contract upon giving written notice to the other Party prior to Closing and exercise any
and all rights available in law, in equity (including the right to seek specific
performance), and under this Contract, provided, however, that in no event shall the
Parties be liable for punitive, consequential or special damages. In the case of an Event
of Default by the Seller, the Extension Fee shall be returned to the Buyer. The Cure
Right shall not be applicable if a Party fails to close when all closing conditions
precedent contained in this Contract are met.
23. RADON GAS NOTIFICATION
In accordance with provisions of Section 404.056(8), Florida Statutes (2014), as
amended, Buyer is hereby informed as follows:
RADON GAS: Radon is a naturally occurring radioactive gas that, when it
has accumulated in a building in sufficient quantities, may present health
risks to persons who are exposed to it over time. Levels of radon that
exceed federal and state guidelines have been found in buildings in
Florida. Additional information regarding radon and radon testing may be
obtained from your county public health unit.
24. CONTRACT NOT RECORDABLE; PERSONS BOUND BY THIS CONTRACT
The Parties acknowledge that this Contract is a public record subject to the terms of
Section 119, Florida Statutes; however, neither this Contract or any notice of it shall be
recorded with or by the Clerk of Court. This Contract shall bind and inure to the benefit
of the Buyer, the Seller, and their successors in interest. Whenever the context permits,
singular shall include plural and one gender shall include all.
25. NOTICE
All notices provided for herein shall be deemed to have been duly given if and when
deposited in the United States Mail, properly stamped and addressed to the respective
Party to be notified or by electronic mail, including the Parties to this Contract, the
Parties' attorneys.
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Buyer:
With a copy to:
Seller:
The DeNunzio Group, LLC
Attn: Dustin DeNunzio
3060 Alternate 19 North
Palm Harbor, FL 34683
Email: did a(thedenunziogroup.com
Gotham Property Acquisitions LLC
Attn: Bryan Kelly
432 Park Avenue South, Second Floor
New York, NY 10016
Email: bkelly(a gothamorq.com
Hill, Ward & Henderson, P.A.
Attn: Katherine Cole
101 E. Kennedy Blvd., Suite 3700
Tampa, FL 33602
Email: katie.cole@hwhlaw.com
Russell A. Kivler
Hirschen Singer & Epstein LLP
902 Broadway, 13th Floor
New York, NY 10010
Email: rkivIerahseny.com
City of Clearwater
Attn: David Margolis, City Attorney
600 Cleveland Street, 6th Floor
Clearwater, FL 33755
Email: David.Margolis@MyClearwater.com
26. ASSIGNABILITY; PERSONS BOUND
This Contract is not assignable by Buyer without the written consent of the Seller, which
consent may be given or withheld in Seller's sole and absolute discretion; provided,
however, Buyer may, without the consent of the Seller, (i) assign its interest in this
Agreement to one or more Special Purpose Entities (defined below) and (ii) transfer
membership interest in the Buyer and/or Special Purpose Entities to third party
investors provided that one or more of the Key Principals (defined below) retain direct or
indirect control of the Buyer and/or Special Purpose Entities, subject to major decision
and removal rights of such lenders and/or investor members (each herein called a
Break -Out Owner"), such election and option of the Buyer being herein called the
SPE Option". In the event Buyer elects the SPE Option, this Contract shall be deemed
automatically assigned to each Break -Out Owner and the Break -Out Owner shall have
all rights of Buyer with regard to the Land. Additionally, Buyer and/or the Special
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Purpose Entities shall be entitled to collaterally assign its interest in the Land to
institutional lenders and/or investors in connection with the construction and/or
permanent financing of the Land without the consent of Seller.
Key Principals" means David Picket, Matthew Picket and Dustin J. DeNunzio.
Special Purpose Entities" means single purpose limited liability companies and/or
limited partnerships formed for the purpose of directly or indirectly owning all or any
portion of the Land, which entities shall be directly or indirectly controlled by one or
more of the Key Principals.
27. ATTORNEY FEES; COSTS
In any litigation arising out of this Contract, each Party shall pay its own attorney's fees
and costs.
28. TYPEWRITTEN OR HANDWRITTEN PROVISIONS
Typewritten or handwritten provisions shall control all printed provisions of Contract in
conflict with them.
29. BROKER REPRESENTATION
If either Party chooses to be represented by a Licensed Real Estate Broker upon
Seller's execution hereof, then that Party solely shall be responsible for any such Broker
fee or expense due to said Broker.
30. EFFECT OF PARTIAL INVALIDITY
The invalidity of any provision of this Contract will not and shall not be deemed to affect
the validity of any other provision. In the event that any provision of this Contract is held
to be invalid, the Parties agree that the remaining provisions shall be deemed to be in
full force and effect as if they had been executed by both Parties subsequent to the
expungement of the invalid provision.
31. GOVERNING LAW AND VENUE
It is agreed by and between the Parties hereto that this Contract shall be governed by,
construed, and enforced in accordance with the laws of the State of Florida. Venue for
any action brought in state court shall be in Pinellas County, Florida, Clearwater
Division. Venue for an action brought in federal court shall be in the Middle District of
Florida, Tampa Division.
32. COUNTERPARTS; FACSIMILE COPY
12
This Contract may be executed in two or more counterparts, each of which shall be
deemed an original and all of which together shall constitute one instrument. A facsimile
copy of this Contract, including any addendum, attachments and any written
modifications hereof, and any initials or signature thereon shall be deemed an original.
33. ENTIRE AGREEMENT
Upon execution by Seller and Buyer, this Contract and any attached exhibits and the
Development Agreement shall constitute the entire agreement between the Parties
relating to the purchase of the Land, and shall supersede any and all prior and
contemporaneous written and oral promises, representations or conditions in respect
thereto. All prior negotiations, agreements, memoranda and writings shall be merged
herein. Any changes to be made in this agreement shall only be valid when expressed
in writing, acknowledged by the Parties and incorporated herein or attached hereto.
34. EFFECTIVE DATE AND REFERENDUM DATE
The "Effective Date" of this Contract shall be defined as date that both Parties sign the
Contract.
The "Referendum Date" of this Contract shall be defined as the date upon which the
Referendum of City of Clearwater voters approving the conveyance of the Land
pursuant to the terms herein is certified by the supervisor of elections.
35. FINANCING CONTINGENCY
Buyer shall apply for, and will thereafter continue to submit all documents required to
obtain, a commercially reasonable loan to purchase the Land, if required by Buyer, and
an executed term sheet related to financing to construct all of the improvements under
the Approvals and the Development Agreement at or prior to the Closing Date
collectively the "Loan"). Buyer's obligations under this Contract are contingent upon
Buyer obtaining, no later than the Closing Date, financing to be secured by a first
mortgage and lien against the Land in an amount and with terms reasonably acceptable
to Buyer ("Financing Contingency"). If, despite Buyer's commercially reasonable
efforts, Buyer is unable to obtain financing in an amount and with terms reasonably
acceptable to Buyer on or prior to the Closing Date, Buyer shall have the right to
terminate this Contract by delivering written notice to Seller on or prior to the Closing
Date. Thereafter, neither Party to this Contract shall have any further rights or liabilities
under this Contract except with respect to those provisions that specifically provide that
they survive the termination of this Contract.
36. DEVELOPMENT APPROVALS PERIOD
Buyer and Seller's obligation to consummate the transaction contemplated herein is
contingent upon, including the other conditions occurring in Sections 39 and 40 of this
Contract, Buyer obtaining all Approvals prior to the Closing Date. As used herein, the
13
term "Approvals" shall mean all final non -appealable governmental permits described
in the Development Agreement and applicable to Buyer's development of the Land,
where said permits are legally necessary prior to commencing construction on the Land
as described in the Development Agreement, including, without limitation, to the extent
applicable: (i) Flexible Development Approval for site plan approval including the
allocation of density from the Public Amenities Incentives Pool, as provided for in the
Development Agreement; (ii) all permits required from the City of Clearwater; (iii) any
and all permits required from the Southwest Florida Water Management District; and (iv)
Approval of the Preliminary Plat, and, if applicable, Final Plat Approval.
As used in this Contract, the term "final" will mean that all appeal periods will have
expired without an appeal taken therefrom or, in the event any appeal is taken, a
judgment will have been entered sustaining the Approvals and all appeal periods from
such judgment will have expired. Except as provided in the Development Agreement,
all costs and expenses associated with obtaining the Approvals and complying
therewith will be paid solely by Buyer, except for the Preliminary and Final Plat
Approval, which shall be provided by the Seller, and, subject to the terms and conditions
of the Development Agreement. Seller hereby agrees and acknowledges that Buyer
may apply for and obtain all necessary Approvals and may commence the Approvals as
of the execution date of this Contract. Upon request by Buyer from time to time, Seller,
at no cost or expense to Seller, shall, to the extent reasonably requested by Buyer,
promptly execute, join in, consent to, and support any requests, applications, proposals,
petitions, consents or hearings filed, initiated, or related to the Approvals reasonably
requested by Buyer.
37. FORCE MAJEURE AND GOVERNMENTAL DELAY
For purposes of this Contract, "Force Majeure Event" means any delay that is directly
attributable to and caused by flood, fire, earthquake, hurricanes, tornadoes, wind
storms, "named storms," riots, national emergency, sabotage, strikes, labor dispute,
wars, pandemics, events of similar or greater magnitude; terrorist threats or actions; or
directives or orders issued by Governmental Authorities (defined below) that explicitly
prohibit or prevent the Closing; the failure or refusal of Governmental Authorities to act
and process applications within the time -frame allowed by law or ordinance, or
otherwise hold public or private meetings due to COVID-19 or any other public health
reason; unreasonable or unlawful delay by Governmental Authorities to act and process
properly completed applications, permits and requested approvals with respect to the
Approvals, an emergency order issued by Pinellas County, other emergency order
issued by the City of Clearwater or other applicable governmental entities, agencies or
authorities having jurisdiction, due to COVID-19 or any other public health reason or
other causes beyond the reasonable control of Buyer.
For the avoidance of doubt, a Force Majeure Event shall not include (1) financial
distress or the inability of the Buyer to make a profit or avoid a financial Toss; (2)
14
changes in market prices; or (3) Buyer's financial inability to perform its obligations
hereunder.
Governmental Authorities" means any and all federal, state, county, city, town, other
municipal corporation, governmental or quasi -governmental board, judge, court,
agency, authority, department, or body having jurisdiction over the Land.
Furthermore, notwithstanding anything to the contrary contained in the Contract, all time
periods applicable to Buyer shall be subject to day -for -day extensions in the event of
any Governmental Delay (as hereinafter defined). "Governmental Delay" means any
actual delay in the Approvals (including delays in the granting of entitlements or
execution of agreements) to the extent that such delay is actually caused by any
unlawful or unreasonable act or failure to act by the City or any of its employees, public
officials, officers or committees/agencies (collectively, the "Government"). "City" refers
to the City of Clearwater, Florida, the Seller in this Contract.
If the Buyer reasonably determines that a Force Majeure Event or Governmental Delay
is preventing the Buyer from timely closing or another deadline in the Contract, the
procedure for tolling any time periods in this Contract shall follow the same procedures
described in Section 9.16, Section 9.17, and Section 9.18 of the Development
Agreement.
38. SELLER WARRANTIES AND REPRESENTATIONS
Seller expressly covenants, warrants and represents the following matters:
i. As of the date of Closing, no work has been performed or is in progress upon,
and no materials have been furnished to, the Land or any part thereof, which
might give rise to any mechanic's, material or other liens against the Land or any
part thereof ("Liens").
ii. Seller (a) is a municipal corporation validly existing under the laws of the State of
Florida, (b) has the power and authority to carry on its business as now
conducted, and (c) has the power and authority to execute and deliver this
Contract, the deed and all other instruments to be executed and delivered by
Seller in connection herewith and therewith, and to perform all of its obligations
hereunder as provided for in the authorization provided by the City Council on
August 4, 2022.
iii. The execution and delivery by Seller of this Contract and all other documents
executed in connection with this Contract and the performance by Seller of its
obligations hereunder and thereunder: (a) have been duly authorized by all
requisite municipal action in accordance with the laws of the State of Florida, (b)
will not violate or be in conflict with any of the terms, conditions or provisions of
any law, order, rule, regulation, ordinance, code or decree of any court or
15
governmental authority, (c) will not result in a breach of or constitute (with or
without the giving of notice or the passage of time, or both) a default under any
indenture, agreement or other instrument to which Seller is a party or by which
Seller or any of its properties or assets may be bound, and (d) will not result in
the creation or imposition of any lien, charge or encumbrance of any nature
whatsoever upon Buyer or the Land.
iv. Except for the Referendum, no consent, approval or authorization of or
registration, declaration or filing with any person or entity, including without
limitation any governmental authority is required in connection with the valid
execution of this Contract or the performance of any of the transactions required
or contemplated hereby or, if required, such consent, approval, authorization or
registration, declaration or filing has been or shall have been obtained prior to the
Closing.
v. This Contract is, and all the documents to be delivered by Seller pursuant to this
Contract will be, when executed by Seller, binding on and enforceable against
Seller in accordance with their respective terms, except as such enforcement
may be limited by (a) bankruptcy, insolvency, reorganization, moratorium or other
similar laws relating to or affecting the rights and remedies of creditors, or (b) by
general equitable principles (whether enforcement is sought in law or at equity).
vi. During its ownership of the Land, there have not been and there are not now
pending or, to Seller's knowledge, threatened: (i) claims, complaints, notices, or
requests for information received by Seller with respect to any alleged violation of
any Environmental Law with respect to the Land; or (ii) claims, complaints,
notices, or requests for information sent to Seller regarding potential or alleged
liability under any Environmental Law with respect to the Land.
vii. To Seller's knowledge, the Land and all Improvements are in compliance with all
Environmental Laws, or will be in compliance on the Closing Date.
Environmental Law" shall mean any present and future law and any amendments
whether common law, statute, rule, order, regulation or otherwise), permits and other
requirements or guidelines of governmental authorities applicable to the Land and
relating to the environment and environmental conditions or to any Hazardous Material
including, without limitation, CERCLA, 42 U.S.C. § 9601 et seq., the Resource
Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq., the Hazardous
Materials Transportation Act, 49 U.S.C. § 1801 et seq., the Federal Water Pollution
Control Act, 33 U.S.C. § 1251 et seq., the Clean Air Act, 33 U.S.C. § 7401 et seq., the
Toxic Substances Control Act, 15 U.S.C. § 2601 et seq., the Safe Drinking Water Act,
42 U.S.C. § 300f et seq., the Emergency Planning and Community Right -To -Know Act,
42 U.S.C. § 1101 et seq., the Occupational Safety and Health Act, 29 U.S.C. § 651 et
seq., and any so-called "Super Fund" or "Super Lien" law, any law requiring the filing of
reports and notices relating to Hazardous Materials, environmental laws administered
by the Environmental Protection Agency, and any similar state and local laws, all
16
amendments thereto and all regulations, orders, decisions, and decrees now or
hereafter promulgated thereunder concerning the environment, industrial hygiene or
public health or safety).
The representations and warranties of Seller as set forth in this Contract shall be true
and correct as of the Effective Date of this Contract and as of the Closing Date and shall
survive the Closing of this transaction for a period of forty-eight (48) months after
Closing.
39. CONDITIONS PRECEDENT TO BUYER'S OBLIGATION TO CLOSE.
The obligation of Buyer to consummate the transactions contemplated by this Contract
is subject to the following conditions precedent:
i. The execution and delivery of this Contract, and the consummation of the
transactions contemplated by this Contract, shall have been approved by
the Referendum. Sufficient evidence of that the Referendum has been
approved shall be provided to the Title Company.
ii. The Buyer obtaining the Loan described in Section 35 of this Contract.
iii. No Event of Default exists under the Development Agreement with respect
to the Land.
iv. Buyer shall have received all necessary Approvals.
v. Full payment by the Clearwater Community Redevelopment Agency
CRA") on behalf of Buyer of all impact fees and utility connection fees
required by the Development Agreement.
vi. Seller has satisfied all of its monetary obligations under the Development
Agreement that are specifically required as a condition precedent to occur
prior to Closing, unless waived by Buyer in its sole discretion.
vii. Seller, or Seller's designee, shall provide evidence of funding its
obligations provided for in the Development Agreement, including the
funding of the Pedestrian Bridge (as defined in the Development
Agreement). The Parties agree to enter into a mutually agreeable
separate escrow agreement prior to Closing related to the escrow of the
funds for the Pedestrian Bridge ("Escrow Agreement").
viii. Seller shall have caused there to be no Liens on the Land, other than
Permitted Exceptions.
ix. Seller shall deliver a clean Phase I environmental report along with, if
applicable, a Phase II environmental report indicating no further
17
recognized environmental conditions exist on the Land that have not been
addressed or remediated by the Seller.
x. Seller shall conduct all remediation and demolition associated with the
Land, at its sole cost and expense.
xi. The Seller shall have allocated and committed the funds to construct the
future Public Realm improvements described in Section 10.09 of the
Development Agreement.
xii. Seller's deposit of the allocable portion of the Parking Contribution (as
defined in the Development Agreement) for the Land as provided in the
Development Agreement.
xiii. Approval by the parties of the License and Use Agreement for use of the
Main Library Lot for parking and access.
In the event that any of the foregoing conditions have not been fully and unconditionally
satisfied for any reason on or before the Closing Date, Buyer may either, in its sole
discretion, waive the condition precedent and proceed to close if the conditions set forth
in Section 40 are met, or terminate this Contract by giving written notice to Seller on or
before the Closing Date, in which case this Contract shall be deemed terminated
without the necessity of further documentation.
40. CONDITIONS PRECEDENT TO SELLER'S OBLIGATION TO CLOSE
The obligation of Seller to consummate the transactions contemplated by this Contract
is subject to the following conditions precedent:
i. The Buyer obtaining and providing proof to the Seller of the Loan described in
Section 35 of this Contract. For the avoidance of doubt, proof of available
construction financing may be in the form of an executed term sheet.
ii. Buyer shall provide evidence of funding its obligations provided for in the
Development Agreement, including the funding of the Pedestrian Bridge (as
defined in the Development Agreement). The Parties agree to execute the
Escrow Agreement at Closing.
iii. Approval by the parties of the License and Use Agreement for use of the Main
Library Lot for parking and access.
iv. Buyer shall provide evidence of a Construction Agreement. "Construction
Agreement" shall be defined as an executed agreement between a general
contractor, licensed in the State of Florida, or construction manager and the
Buyer or the Buyer's Affiliates or lenders, whereby the Buyer or Buyer's
Affiliates or lenders provide monetary compensation in exchange for a
18
commitment to construct or ensure the construction of the improvements
described in the Development Agreement relating to the Land.
In the event that any of the foregoing conditions have not been fully and unconditionally
satisfied for any reason on or before the Closing Date, Seller may either, in its sole
discretion, waive the condition precedent and proceed to close if the conditions set forth
in Section 39 are met, or terminate this Contract by giving written notice to Buyer on or
before Closing, in which case this Contract shall be deemed terminated without the
necessity of further documentation.
41. EXCULPATION.
Notwithstanding anything to the contrary, in no event shall the partners, officers,
directors, employees, affiliates or subsidiaries of the Buyer have any liability whatsoever
pursuant to this Contract and Seller agrees to look solely to Buyer in connection with the
remedies provided for in this agreement.
19
EXECUTED this L—day of 'LLf c- 2022 by BUYER.
Attest:
The DeNunzio Group, LLC, a Florida
limited liability company
Sign By:
Print:
Sign:Title:
Print:
Gotham Property Acquisitions LLC, a
New York limited liability company
Sign By:
Print:
Sign:Title:
Print: 161cdrQ
APROVED BY SELLER & EFFECTIVE this day of
2022.
Countersigned: CITY OF CLEARWATER, FLORIDA
By: fo4.- ? W—T—co--
Frank Hibbard Jon Jennings
Mayor City Manager
Approved as to form:Attest:
David Margolis Rosemarie Call
City Attorney City Clerk v 0
h
fr'4B,ISIAt'D
20
EXECUTED this day of t c Sf 2022 by BUYER.
Attest:
The DeNunzio Group a Florida
limited I bility co p n
Sign By: ul-'
Print; s l o Q r v
Sign: Title:
Print: r Cj urs„
Gotham Property Acquisitions LLC, a
New York limited liability company
Sign By
Print:
Sign: Title:
Print:
APPROVED BY SELLER & EFFECTIVE this day of
2022,
Countersigned CITY OF CLEARWATER, FLORIDA
By
Mayor City Manager
Approved as to form: Attest:
City Attorney City Clerk
20
EXHIBIT "A"
Harborview Site — Parcel A
OESCRIP11ON
A portion of Lot 3 of Edward Mlle Subdivision. as shown on the plat recorded In Plat Book *, page 36 of the Public Records of Pinellas County. Florida. MIO a portion of Lots 1 at 5 of
Rompon's At Baekin's Corrected Map of Causeway Business District. as shown on the plat
ecorded P Plat Bock 57, page 1 of said Public Records of Pl9ellas County. said portions beingmoreparticularlydescribedasfollows:
Beginning at the Northeast Darner of said Lot 3 of Edward Wills Subdlrlsfan; thence 5 OW 0.6'
32' w airing the East line of said Lot 3, a distance of 21.59 feet; thence N 76' 40' 00' ya
distance of 216.39 feet; thence N DD' 43' 12' E. a distance of 275.93 feet; thence 5 89' 11'
37' E. a dlel,ance of 192.69 feel to the East Ifne of said Lot 5 of Rompon'e & Baskin's plot;
thence S 00' 06' 32' West, a distance of 30412 feet to the Southeasterly corner of Lot 1 of
said Rompon's & Baskin's plat: said point also being a point on the North line of said Lot 3.
Edward Mille SUbdhfsion; thence 5 88' 29' sr E along the North Ihe of said Lot 3, a distance
of 15.00 feet to the Point of Beginning.
Containing 56,727 square leet, or 1.34818 acres. more or lase.
NOTES
1. THI5 15 A SKETCH TO ACCOMPANY A DESCRIPTION AS DEFINED IN CI -AFTER 5J-17.002 OF THE FLORIDAADMINISTRATIVECODEAND15NOTAFIELDSURVEY.
2 BEARINGS SHOWN HEREON ARE BASED ON GRID NORTH. AS REFERENCED TO 1HE FLORIDA STATE PLANE
COORDNATE SYSTEM, HEST ZONE AS ESTABIJSHEO BY 1HE NATIONAL OCEAN SERVICES' PROGRAM OFFICE
NATIONAL iEWET1C SURVEY AND 1HE NEST LME CF CSCECLA 51REET BEING SOUTH C0'0612 WEST - 3. COORONAIES SHOWN HEREON ARE REFERENCED TO FLORIDA STATE PLANE CDORCiNAIES, NEST ZlE,
NORTH AMERICAN DATUM OF 1913. 2011 ADJUSTMENT AS ESTAMJ9-IEO USNC THE FLORIDA DEPARTMENT
OF TRANSPORTATION'S F1.ORDA PERYANE r REFERENCE NETWORK OF RASE STATIONS. THE COORDINATESAREDISPLAYEDINU5SURVEYFEET.
4. MIS DE 10111PTlON IS BASED ON THE DNIEw510N5 PROVIDED IN A 90.MDARY SURVEY TITLED `THE CITY OF
CLEARNIATER'S 1111.E IN COACHMAN PARK' AND 011 -ER CITY PROPERTIES. PREPARED BY MACSURVEY, INC.,
ITS PRO.ECT 2018-023, AND HANNG A SURVEY DATE Cr 11/1/2019.
5. PROPOSED NFORMATIDN PER STANTEC BULLETIN 1 FILE COC—D601 DATED 11/12/2021.
LEGEND
CI7'F1ERuNE
OCR — CORNER
W/# — DEED a0OK/rACE
0111 %/ = OFFICIAL RECCRDs Box/PAGE
PLAT BOOK/PAGE
P6110/# = HILLSIOROUGH PLAT BOOK/PACE
R/IM = 16111T-0r—WAY
N= = NORTHING(Y) COORDINATE
E— — EASTING(X) COORDINATE
rower II fr
emofClsarwa41rISkettbofDe>aription II900irMw. ,.,.. 1.35ac Comrmercial Parcele,
pee RECIIOM & 111M1&4P R! e_ IteeL um
OINFiiirGeorge . oun , Inc.
1Ie91Il 1• R MIN MEMO i ME- P. . - alas U
F1F1ss
sialMI
OA •
11 AIS amixtr0Ys ams.eur.n 1YYYr01R
CRP
ARI
a.
IVA
IUl1
900 1P.
elall INNWx
1
1
1
21
g
imaaxer rt OF
OF WALK OMOIISION
0011m114rY 1111 lF
MIMEO ME
OF ONO
I
LOT 4, LE55wt5" IIPam7/1 & P9 4/40)4
I
LOT 5
P911 7/19 & P9 4/10)
miaamp IF)OT 6 OM
Sael1'3TE 192.69'
Kusury
Forma mac
NEC O5
OF CW/ 01 MEMO P9 57/1)
t - Lr,
Poe-
Lartxl
LDT5
rF!'®
P9
hi emdT la
0111O03/40
LAT 1
09 .57/1)
IA'C7Co aw Pa
OOP 7PPIVOIO
PEW Or 9EdNNW0
r COR OF LOT 3 (P9 9/39)
NLD "MACSLIRYEY L9 7929
N=1.321,201.959'
E-397,531.011'
Sae"a'STE 15.00'
Y coo Lay 1 pm WO
N
K
IMMO PIM
Ciy of Claarwa11F
los 1 56,6s Minas
P'"
COW *IF
FEW
F0O ONE
17072240v1
MAA
Lor LHE
PERED PI CM rDt
ONO NOM=
Irnd/000t OF LOT S
I Sketch of Description
1.315cc Commercial Parcel
SCALE e.-50'
8006061211
21.59'
E1rOFLOT 3FON
Br wehOde D,•__
E
1
1
1
1
oAllt MAIM leM s
somnalr c inwexP SOIL 1Ea
George r. Young, Inc. R
r LR •. iN N.
sa a
smous•Luals6161461/69•10.
w
22
1
1
EXHIBIT "B"
CITY HALL SITE
23
DESCRIPTION
That portion of the East 402.04 feet of Lots 3. 4, & 5 of Block A., John R
Davey's Re—subdivision as shown on plat recorded In Plat Book 1, page 87 of the
Public Records of Hillsborough County, Florida, of which Phellaa County was
formerly a part; lying South of those lands described in Officid Records Book
14700, page 1498 of the Public Records of Pinellas County. Florida;
LESS the East 15 feet of said Block A;
And LESS the South 20 feet of said Lot 5 per City of Clearwater Resolution
04-16D, recorded in Officid Records Book 2059, page 493 of said Pinellas
County Public Records.
Said portion of Lots 3, 4, & 5 being mare particularly described as follows`
Commence at the Southeast corner of Lot 5, Block A, John R Davey's
Re—subdivision as shown an plat recorded in Plat Book 1, page 87 of the Public
Records of Hillsborough County, Florida, of which Pinellas County was formerly a
part; thence N 00' 06'32'E along the East line of said Lot 5, a distance
of 20.00 feet to a paint an the North line of the South 20 feet of said
Lot 5; thence S 89 20'12'W along said North line of the South 20 feet, a
distance of 15.00 feet to the Nkat Zine of the East 15 feet of said Block A and
the Poht of Beghning; thence continue S 89' 20'12"W along said N line of the
South 20 feet, a distance of 387.07 feet; thence N 00' 06'32'E, a distance
of 300.20 feet to the Westerly extension of the Southernmost Zine of those lands
described in Official Records Book 14700, po.tp 1496 of the Public Records of
Pinellas County, Florida; thence S 88' 25-09'E along said line. a distance
of 387.17 feet to the said West line of the East 15 feet; thence S 00' 06'32'W
along said West line of the East 15 feet, a distance of 285.04 feet to the Point
of Beginning.
Contahing 113.256 square feet. ar 2.60000 acres. mare cr less.
NOTES
1. THIS IS A SKETCH TO ACCOMPANY A OESCRIPTKIN AS DEFINED IN 04APTER 5.F-17.052 OF
THE FLDRDA ADMINISTRATIVE CDOE AND IS NOT A FELD SIJR'YEr.
2. BEARINGS SHOW HEREON ARE BASED CN GRIO NORTH. AS REFERENCED 10 THE FLGRIDA
STATE PLANE COORDINATE SYSTEM, WEST ZONE, AS ESTABUSHED BY THE NATIONAL OCEAN
SERVICES' PROGRAM OFFICE NATIONAL GEODETIC SURVEY AND THE MEET UNE OF OSCEOLA
STREET BEING SOXH 0008'32' REST.
3 MORONAIES SHOW HEREON ARE REFERENCED TO FLCRIOA STATE PIANS COOROMATES,
NEST ZONE, NOMRIH AMERICAN DATUM CF 19834 2011 AD.USTMMENT AS ESTABLISHED USING
1HE FLORIDA DEPARTMENT OF TRANSPORTATION'S FLO ODA PERMANENT REFERENCE NETAIDRK
OF BASE STAT124S, THE 000ROINA1ES ARE DISPLAYED IN US SURVEY FEET.
4. THIS DORMP110N IS BASED ON THE DIMENSIONS PROVIDED IN A BOUM4DAItY SURVEY 1I1LE0
THE CITY OF CLEARRATERI 111LE IN COACIIINAN PARK- AND OTHER cTY PROPERTIES.
PREPARED BY YACSURVEY. P/C., ITS PROJECT 2018-023. AND HAVING A SURVEY DATE OF
11/1/2019. NOTE THAT 1HE BEARING OF PIERCE STREET SHOMM ON THE SURVEY HAS BEEN
REVISED FROW 5ericti • TO SOA' 12^W. HOWEVER THE REMSED AJRVEY HAS NOT YET
BEEN cOMPLEIED,
o.oON of CIwr1laRlr I Sketch of Description I1msA.,.. 2.804pc Old Mr Holl Parcel I7Mmewl72ee11P311111E
a el,ffGeorge F. liPoung, Inc.
en:rwwune13a P.111101
11101.11111111111
MIMSN111.
1111.114111.tl-fL roo=.rwn
PPM
M
a
Wer TNI 614 POI
eumama
FEW IMP
MO OW
24
1
1
j LAT 2. MOQK A (PBH 1{0'7)
r dM I47C0jt4111 At ONO ,S3 /11
1- —
I0.1DrS E30CE, M OoN CIANIM
lel
LOT 4. (LOOK A (MI 1/57)
IJ s
1
LOT 5. MOU IA (PSI 1/87) I/ Ye*rd M trrr E 1411723141" 4 1ii1EF M a,Y
PEA M I I /M7 I leN1 Eft !q/7Nf
3121112' aGr1 47'
Arr s ki. ilink0120111/••1
sir TO CRY me IM/r3) —rnir1 LME LOT i 91lH 1/N) r
4L PIERCE iTREET
E'u°n' t mum)
402.0(
Slite7r0frE 361.17
LAT 3. BLOCK A (Pah 1/87)
vES1En M orf PBI aI 11A/110
IAMBI N CITY 161 DO 1171/7TI
1
AILOCA
15'
15'
20' HALF R/W PER Pell I/BV)
PObiT OF COMMENCEMENT
SE CON OF LCT BLOCK A (PIH 1/87)
NLD 'YACSUITvEY LB 7
N=1,320,471.388'
E-397.629.630'
LEGEND
CENTEi1JNE
cos - COIi1IER
DB1/. - DEED BDOK/PAGE
mem - OFF1CIIL RECORDS BOCK/PAGE
PBW# - PLAT BOOK/PAGE
PBH,$/. - HILLSBOROUGH PLAT BOOB/PAGE
RAY - IUMIT-OF-WAY
N- - N0RTHh4O0 COORDINATE
Et - EAST1NO(X) COORDINATE
roles lar
a Caarwaar
1® S. Was Arms
OOP 011F
Mal Olt
OM= Olt
FEW TORI
FAO vac IM
SCALE
POINT OF BECHNN6
5Ar IRC
FLOaD* DOT
S8QR0'12.W
1500'
NOO'O6'32"E
maw
1 Sketch of Description I : Al OM
ME
2.60ac Old City Ha Par -col
IFLRION1 MOM' 20I _ lbOtr II E
George F. Youn ., Inc.
am moonWtll 1• aam %IEA OII
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25
EXHIBIT "C"
Main Library Site
26
118I4N0GN OF LCT 4
SUNSET COURT
T NN IaExq (
30' RAY PER PBH 7/19 & P8 4/10.
VACATED PER RES 76-156 ORE 4488/1564)
ROWS&Of LOT s (Mor IN0.uu )
SO'E 206.79'
1I ICF I ILOTA111021/_74) mvfs1E1INePDI
we neaps a ZEMAN I \ I W
OMENAL R ME LOT 5 I 1I
PMH 7/10 & Pe 4/10) —
JJ
F
w 1S LOT 4 REPLATTED
N P6 71/7 h
ARAM 14 Pe 21/14
t1
IMINONRY 1'E OF
PROMM D FACE
Oz *ALN DIIDISI0N
DESCRIPTION
A portion Of Lots 4 & 5 of Jettords and Smoyer s First Addition to the Town of Clew/rotor, as shown on the plot
recorded in Plot Book 7, pave 19 of the Public Records of Hillsborough County, Florida, of .Mich Pinellas Countywasformerlyapart; also according to the corrected plat thereof recorded in Plat Book 4, page 10 of the Public
Records of Pinellas County, Florida; AND a portion of Lot A, Sunset Court, as shown an the plat recorded In PlotBook21, page 74 of said Public Records of Phones County, AND a portion of Lot 5 of Rompone & Baskin'sCorrectedNapofCausewayBusinessDistrict, as 'Flown on the plat recorded In Plat Book 57. page 1 of said
Public Records of Pinellas County. sold portions being more particularly described as follows:
Boge ning of the Southeast comer of Lot 5 of said Jsffords and Smoyer1 plots; thence N E9' 30'04'W dung theSouthlineofsaidLot5. a distance of 15.00 feet to the Northeast corner of Lot 5 of said Rompithe & SOROS
plat thence 5 00' 06'32'W along the East line of said Lot 5 of RomponS & Baskh's plat. a distanceof7.09 fest; thence N 89' 11'37'W, a distance of 192.69 feet thence N 00' 43'12•E, a distance
of 84.73 feet; them S 89' 04'50-E, a distance of 206.79 fest to the East Ike of sold Lot 5 of Jsffords andSnLoyerrsplat; thence S 00' 06'32`W Bong the East line of said Lot 5 of Affords and Smoyer'e plot. a distance
of 77.16 feet to the Point of Beginning.
Containing 17,411 square feet. or 0.39970 o0res. more or IOes.
NOTES
LOT 4, LESS W 1
PSH 7/19 dt P9 4
en SWAM
ore PER
LAT UNE
IAIDARYPR60ROOSE MHOS
OFCURD r 0002*2*
LOT 5
P8H 7/19 4r PB 4/10)
M9156 IM CTT' PEN
aN11 7716/251. 710. t 211
Ne30'04"W 15.
PaRIMS OF LCTA (10 SMI
N80'I1137"w 192.69'
NE COR OF LOT 5 (PB 57/1) -J
S00'06'32"w 7.09'
p01NT OF BEGINNING
SE C0R OF LOT 5
PBH 7/19 & PB 4/10)
PTLD 'MACSURVEY LB 7929'
N=1.321.511425'
E-397,531.603'
LOT 5 (PB 57/1)
mane M MTV PEA
0e 1003/41*
E
1. THIS 15 A SKETCH 10 ACCOMPANY A DESCRIPTION AS DEFINED IN CHAPTER5.1-17.062 OF 11 -IE FLORIDA AOYNISTRAIIVE CODE A110 15 NOT A FELO SURVEY. 2, BEARINGS SNOW HEREON ARE BASED ON 0040 NORTH. AS REFERENCED 70 11-EFLORIDASTATEPLANECOORONATESYSIDA, MEET ZONE, AS ESTABLISHED BY
1HE NATIONAL OCEAN SERMCES' MORAN OFFICE NATIONAL GECETIC SURVEY
AND THE VEST UNE Or OSCE]OLA STREET BONC SOUTH 0016'32' NEST. 3. COOm4NATES 0-1001 HEREON ARE IIEFERENCED 70 FLORIDA STATE PLANECOORDINATES. REST 20NE. NORTH AMERICAN 0A11,11A OF 1963, 2011
ADa/S11,I IT AS ESTABLISHED USING THE FLORIDA DEPARTMENT OF
TRANSPORTATION'S FLORIDA PEAMANDNT REFERENCE NEIVORN OF BASESTATIONS, THE COORDINATES ARE DISPLAYED 1N U5 SURWY FEET,
4, THIS DESORPTION IS BASED ON THE 134ME1490NS PROVUED IN A BOUNDARYSURVEYTITLED 'THE OTY OF CLEARWATF0'S TIRE IN CQAC IRAN PAR(' NVOTHERCITYPROPERTIES, PREPARED BY MAC9URVEY INC., ITS PRO.ECT
20111--023, AND HAMNG A SURVEY DATE OF 11 0. S. PROPOSED 0FORYAUON PER STANTEC SLUM ALE 00C-01101 DATED
11/12/2021.
WNW fet
City of Clearwater00s. ewes Mawr
rL
MILE OTE
PEW afT
BPM
Mae
IVA 14
ow Wsrfe
eV 4NIrs1
ITIO1101
re
LEGEND
E = CENTERLINE
COR = CORNER
DBt/f = DEED 1300K/PAGE
ORIW# =OICIAL RECORDS BOOK/PAGE
PLAT
MHO* = HILLSBOROUGH PLAT EDOK/PAGE
R/W a RIGHT—OF—WAY
N— — NORTHING(Y) COORDINATE
E= = EASTING(1T) COORDINATE
Sketch or Description
0.40oc Librory Perking Lot Pomo! hamineJl100001! ass_ AIMEE ler.
NI
1/412 W. BALI* WEIN
George F. Young, Inc. 01 rL 0MIr1 unto s0t ails s. Q RnsO . SON
Wei err00P n"
wua •11171E:00111
amroA
04. • IMMenows 10011100.00N.411rIMME 001001EPI/RseleeYBLLE RIIM BIN IIw-I+Pwvteal RAPIBIP+- al1elNvu RgwLw•>'R I
al NO
200041015S
MET Mt
101
27
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#24-1457
Agenda Date: 12/16/2024 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Parks & Recreation
Agenda Number: 9.2
SUBJECT/RECOMMENDATION:
Adopt ordinance 9806-24 on second reading, amending Clearwater Code of Ordinances Chapter 22,
Article II, Section 22.24, to correct the name of McKay Playfield to McKay Park; change the operating
hours of McKay Park from closed between sunset to sunrise to closed between 9:00 p.m. and 7:00 a.m.;
add six parks (Mercado, Bayshore Trail, North Betty Lane Neighborhood Park, Lake Chataqua
Equestrian Park and Nature Preserve, McLennan Circle Park and Rainbow Drive Park); remove one
park (Holt Avenue).
SUMMARY:
Proposed Ordinance No. 9806-24 will correct the name of McKay Playfield to McKay Park as consistent
with existing nomenclature which typically calls other similar Department facilities “Parks” and change
the operating hours of same from closed between sunset to sunrise to closed between 9:00 p.m. and
7:00 a.m. The City is in the process of updating and renovating McKay Park with a new playground and
six pickleball courts. These upgrades are the result of public input. That same public input also
suggested that the current hours were too limiting with which the Department agrees. It should be noted
that the immediate area is generally within the Old Florida character district of the Beach by Design
planning area, Tourist (T) zoning district and the Resort Facilities High (RFH) future land use
classification. The Old Florida District envisions the redevelopment of this area primarily with overnight
accommodation and attached dwelling uses with some limited retail/commercial and mixed-use
developments along Mandalay Avenue. The immediate vicinity is characterized by a variety of overnight
accommodation, retails sales and service, restaurants, bars, and attached dwelling uses. The properties
to the north are predominantly developed with attached dwellings, overnight accommodations,
restaurants, retail sales and service and bars. The proposed hours of operation are anticipated to the
compatible with the character of the surrounding area.
The Department has determined that the proposed change in the hours of operation are consistent with
Goals PPP 1 and 2 and Policies PPP 1.1.1 and 2.2.5 of the Parks & Public Places Element of the City’s
Comprehensive Plan as well as the intent and purpose of the Open Space/Recreation zoning district of
the City’s Community Development Section 2-1401 which provides that is to establish areas where
public and private organizations can establish and operate passive and active open space and recreation
facilities which are important to the quality of life and economic vitality of the City of Clearwater without
adversely impacting the integrity of adjacent residential neighborhoods, diminishing the scenic quality of
the City of Clearwater or negatively impacting the safe and efficient movement of people and things
within the City of Clearwater.
In addition, the proposed Ordinance will be updated to reflect five existing parks including Bayshore trail,
North Betty Lane Neighborhood Park, Lake Chataqua Equestrian Park & Nature Preserve, McLennan
Circle Park and Rainbow Drive Park and one new park, the Mercado. All five of the existing parks will be
closed Sunset to Sunrise (open Sunrise to Sunset) while the Mercado will be closed between 9:00 p.m.
and 6:00 a.m. Finally, the proposed Ordinance will remove the Holt Avenue Property as that land area
has been incorporated into the Phillip Jones Park.
APPROPRIATION CODE AND AMOUNT:
N/A
USE OF RESERVE FUNDS:
N/A
STRATEGIC PRIORITY:
Page 1 City of Clearwater Printed on 12/11/2024
File Number: ID#24-1457
Approval of the name and operating hours modifications support several Strategic Plan Objectives,
including:
·1.2: Maintain public infrastructure, mobility systems, natural lands, environmental resources, and
historic features through systematic management efforts.
·1.3: Adopt responsive levels of service for public facilities and amenities, and identify resources
required to sustain that level of service.
·2.3: Promote Clearwater as a premier destination for entertainment, cultural experiences, tourism,
and national sporting events.
·3.1: Support neighborhood identity through services and programs that empower community pride
and belonging.
·3.2: Preserve community livability through responsible development standards, proactive code
compliance, and targeted revitalization.
Page 2 City of Clearwater Printed on 12/11/2024
ORDINANCE NO. 9806-24
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING
AMENDMENTS TO THE CODE OF ORDINANCES BY AMENDING CHAPTER
22; ARTICLE 2; SECTION 22.24(2) TO UPDATE SEVERAL PARK HOURS OF
OPERATION ADD FIVE EXISTING PARKS HOURS AND ONE NEW PARK’S
HOURS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Clearwater adopted the Code of Ordinances on February 4, 1993;
and
WHEREAS, the City has made numerous amendments to the Code of Ordinances to
account for changing conditions within the City; and
WHEREAS, the City is in the process of updating and renovating McKay Park to include
six new pickleball courts, a new playground equipment and renovated bocci ball courts; and
WHEREAS, the City wishes to provide for adequate and reasonable hours of operation of
the Park and its facilities while also maintaining the character of the surrounding neighborhood;
and
WHEREAS, the City wishes to correct the name of McKay Playfield to McKay Park in
accordance with existing nomenclature; and
WHEREAS, the City wishes to change the hours of operation for several parks to provide
notice to the public and create consistency with each park’s use;
WHEREAS the City wishes to add five existing parks to the ordinance list including
Bayshore Trail, Betty Lane Park, Lake Chataqua Equestrian Park & Nature Preserve, McLennan
Circle Park and Rainbow Drive; and
WHEREAS the City wished to add one new park to the ordinance list, the Mercado and
set hours for that park; and
WHEREAS the City wishes to remove one park from the ordinance list, Holt Avenue
Property, because that land area has been incorporated into Phillip Jone Park; and
WHEREAS, the City wishes to address the varying needs of the City's diverse population
when creating and implementing parks and recreation plans pursuant to Goals PPP 1 and 2 and
Policies PPP 1.1.1 and 2.2.5 of the Parks & Public Places Element of the City’s Comprehensive
Plan; and
WHEREAS, the City has determined that this amendment to the Code of Ordinances
promote and support the public health, safety, morals, and welfare, of the City’s residents.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA:
2 Ordinance No. 9770-24
Section 1. That Chapter 22 – Parks, Beaches, Recreation, Article 2 – Use
Regulations, Section 22.24 - Authority to regulate beaches, park property, and the Courtney
Campbell Recreation Area, (2) The hours of operation for each city park, as may be amended
from time to time, be amended to read as follows:
CLOSED FROM SUNSET TO SUNRISE
ALLEN'S CREEK PARK
ALLIGATOR LAKE
ANN CIRCLE PARK
BAY PARK ON SAND KEY
BAYSHORE TRAIL
MYRON A. SMITH BAYVIEW PARK
BETTY LANE PARK
CEDAR GROVES
CHARLES PARK
CHARTER OAKS
COURTNEY CAMPBELL TRAIL
LAKE CHAUTAUQUA PARK
CHAUTAUQUA PARK SOUTH
LAKE CHAUTAUQUA EQUESTRIAN PARK & NATURE PRESERVE
CHERRY HARRIS PARK
CLEARWATER MUNICIPAL CEMETERY
CLIFF STEPHENS PARK
COOPERS BAYOU PARK
3 Ordinance No. 9770-24
COUNTRY HOLLOW PARK
CYPRESS BEND PARK
CYPRESS POINT PARK
D.D. DAVIS PARK
DEL ORO PARK TRAIL
DREW PLAZA
EDGEWATER DRIVE PARK
ENTERPRISE DOG PARK
GARDEN AVENUE PARK
GLEN OAKS PARK
GLENWOOD PARK
HARDING PLAZA
HIBISCUS LAKE
HILLCREST PARK
HOLT AVE. PROPERTY
KAPOK PARK
LAKE HOBART SOUTH
LAKE LUCILLE
LAWN BOWLS & SHUFFLEBOARD COMPLEX - PARK AREA ONLY
MAGNOLIA STREET DOCK
MANDALAY PARK
4 Ordinance No. 9770-24
McKAY PLAYFIELD
MCLENNAN CIRCLE PARK
NORTH GREENWOOD REC. & AQUATIC COMPLEX PLAYGROUND
NORTHEAST COACHMAN PARK
NORTHWOOD PARK
OVERBROOK PARK
PLAZA PARK
PROSPECT LAKE PARK
RAINBOW DRIVE PARK
REAM WILSON TRAIL
SALLS LAKE 1 & 2
SAND KEY BAYSIDE PARK
SEMINOLE DOCK PARKS
SOULE ROAD PARK
SPRING LAKE PARK
STATE STREET PARK
STATION SQUARE PARK
SUNSET POINT ROAD PLAYFIELD
SUNSET SAM PARK AT ISLAND ESTATES
TERRACE LAKE
TOWN PLACE PARK
5 Ordinance No. 9770-24
TURNER STREET DOCK
CLOSED FROM 12AM TO 5AM
COACHMAN PARK
CLOSED FROM 9PM TO 6AM
BELMONT PARK
COURTNEY CAMPBELL RECREATION AREA
CREST LAKE PARK
ED WRIGHT PARK
MERCADO
MORNINGSIDE RECREATION COMPLEX
PIER 60 PARK
ROSS NORTON COMPLEX
WOOD VALLEY RECREATION CENTER
CLOSED FROM 9PM TO 7AM
MCKAY PARK
CLOSED FROM 10PM TO 6AM
CLW. BEACH FAMILY AQUATIC & REC. COMPLEX
COACHMAN RIDGE PARK
COUNTRYSIDE COMMUNITY PARK
DEL ORO PARK
FOREST RUN PARK
6 Ordinance No. 9770-24
LONG CENTER
MARYMONT PARK
MARTIN LUTHER KING RECREATION PARK AREA
MONTCLAIR PARK
NORTH GREENWOOD REC. & AQUATIC COMPLEX
VALENCIA PARK
WOODGATE PARK
OPEN 24 HOURS PER DAY
CLEARWATER BEACH
CLEARWATER BEACH FAMILY AQUATIC & REC. COMPLEX BOAT RAMP
MEMORIAL CAUSEWAY
SEMINOLE DOCKS (BOAT LAUNCHING}
OPEN FOR PERMITTED USE ONLY
CARPENTER FIELD
COOPERS POINT NATURE PARK
COUNTRYSIDE SPORTS COMPLEX
DAVID MARTIN SOCCER FIELDS
E. C. MOORE COMPLEX (1-9)
FRANK TACK PARK
HENRY L. MCMULLEN TENNIS COMPLEX
JACK RUSSELL STADIUM
7 Ordinance No. 9770-24
JOE DIMAGGIO SPORTS COMPLEX
MISSOURI AVENUE (DOT}
MOCCASIN LAKE NATURE PARK
PHILLIP JONES PARK
ROSS NORTON BALLFIELDS
SID LICKTON PARK
WALTER C CAMPBELL PARK & BUCCANEER FIELD
CITY OWNED PROPERTY LEASED TO OTHERS
(HOURS OF OPERATION ESTABLISHED BY LESSEE)
BAYCARE BALLPARK
CHI-CHI RODRIGUEZ GOLF COURSE
CLEARWATER GOLF CLUB
THE LANDINGS GOLF CLUB
KINGS HIGHWAY RECREATION CENTER
LAWN BOWLS & SHUFFLEBOARD COMPLEX
PERFORMING ART CENTER & THEATER (PACT}
SAILING CENTER
Section 2. Amendments to the Code of Ordinances of the City of Clearwater are
hereby adopted to read as set forth in this Ordinance.
Section 3. The City of Clearwater does hereby certify that the amendment contained
herein, as well as the provisions of this Ordinance, are consistent with and in conformance with
the City’s Comprehensive Plan.
8 Ordinance No. 9770-24
Section 4. Should any part or provision of this Ordinance be declared by a court of
competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a
whole, or any part thereof other than the part declared to be invalid.
Section 5. Notice of the proposed enactment of this Ordinance has been properly
advertised in a newspaper of general circulation in accordance with applicable law.
Section 6. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING ____________________________
PASSED ON SECOND AND FINAL ____________________________
READING AND ADOPTED
____________________________
Mayor
Approved as to form: Attest:
____________________________ ____________________________
Melissa Isabel, Esq. Rosemarie Call, MPA, MMC
Senior Assistant City Attorney City Clerk
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#24-1565
Agenda Date: 12/16/2024 Status: Agenda ReadyVersion: 1
File Type: Council Discussion
Item
In Control: Council Work Session
Agenda Number: 12.1
SUBJECT/RECOMMENDATION:
Temporary Suspension of Council Rules
Page 1 City of Clearwater Printed on 12/11/2024
Revised 09-04-2024 by Resolution 24-15 1
COUNCIL RULES
RULE 1 SCHEDULING COUNCIL MEETINGS/WORK SESSION AGENDAS (1) The City Council shall meet on the first and third Thursdays of each month at 6:00 p.m. in its chamber. However, in July, the City Council shall hold one regular night
meeting on the third Thursday of the month. There will be no regular meeting on the
third Thursday of December or the first Thursday of January. The Council will make this determination at the time the annual meeting calendar is being compiled. The day of the meeting may be changed by majority vote of the Council.
(2) Except as may be rescheduled from time to time when necessary due to conflict,
a work session shall be held at 1:30 p.m. on the first working day of the Council meeting week. Work sessions are primarily designed for information gathering and guidance, and no formal Council decision approving or disapproving an agenda item or items scheduled for public hearing may be made. No public input will be accepted at work
sessions except by consensus of Council. Only items on the work session agenda will
be discussed. Items not on the agenda may be brought up by the Council or staff during the work session asking they be scheduled for subsequent meetings or work sessions.
(3) Community meetings will be scheduled as requested by the Council. RULE 2 REQUIREMENTS FOR QUORUM
A quorum for the transaction of business by the City Council shall consist of three (3)
Councilmembers. RULE 3 MANDATORY MEETING ATTENDANCE FOR CITY OFFICIALS
The City officials whose regular attendance shall be required during the sittings of the Council shall be the City Clerk, City Manager and City Attorney or their substitutes.
Revised 09-04-2024 by Resolution 24-15 2
RULE 4 DUTIES AND RESPONSIBILITIES OF “CHAIR”
The Mayor shall be the presiding officer of the City Council, and shall be referred to as
the “Chair” when sitting in that capacity. In case of the absence of the Mayor, the Vice- Mayor shall assume those responsibilities, and if both are absent, the senior Councilmember in years of service shall preside. The Chair shall preserve order. The Chair may call to order any member of the Council who shall violate any of the rules;
and shall decide all questions of order, subject to a majority vote on a motion to appeal.
The Chair shall recognize all members who seek the floor as provided in Rule 8. The Chair shall not make or second a motion. RULE 5
DUTIES OF VICE-MAYOR IN ABSENCE OF MAYOR Pursuant to Charter section 2.05, "the Vice-Mayor shall act as Mayor during the absence or inability of the Mayor to perform the duties of the office of the Mayor." For
the purpose of that section, the Mayor shall be considered absent if there are duties of
the office which must be performed and the Mayor is not present and able to perform them. The office of Vice-Mayor shall be rotated amongst the councilmembers annually in the
following order, commencing in 2020:
Seat 4 Seat 5 Seat 2 Seat 3
The Vice-Mayor shall change in April of each year. RULE 6 ORDER OF BUSINESS
(1) The order of business for a regular meeting shall ordinarily be: A. Invocation
B. Pledge
C. 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.)
D. Minutes of previous meetings
Revised 09-04-2024 by Resolution 24-15 3
E. Consent Agenda F. Public hearings (not before 6:00 p.m.)
Legislative and administrative matters: 1. Presentation of issues by City staff. 2. Statement of case by applicant or representative (5 minutes). 3. Council questions.
4. Comments in support and comments in opposition. See
subsection (3) below regarding time limitations for speakers. Comments submitted electronically by 5:00 p.m. on the calendar day prior to the meeting will be acknowledged in the same manner as comments submitted pursuant to Council Rule 6(1)-E.
5. Council questions.
6. Final rebuttal by applicant or representative (5 minutes). 7. Council motion to determine disposition. Quasi-judicial Hearings:
1. Staff states its recommendation and briefly summarizes its reasons for
the recommendation and submits record (minutes, staff report, and application) adduced before the Community Development Board (2 minutes). 2. Applicant presents case, including its testimony and exhibits. (15
minutes).
3. Staff presents further evidence. (10 minutes). 4. Public comment. See subsection (3) below regarding time limitations for speakers. Comments submitted electronically by 5:00 p.m. on the calendar day prior to the meeting will be acknowledged in the same
manner as comments submitted pursuant to Council Rule 6(1)-E
5. City Council discussion. 6. Applicant may call witnesses in rebuttal (5 minutes). 7. Conclusion by applicant (3 minutes). 8. Decision.
Second Reading of Ordinances 1. Public comment. See subsection (3) below regarding time limitations for speakers.
All time limits may be extended upon request, and upon approval of
request by majority of City Council. G. Citizens to be heard regarding items pertaining to city business but not on the agenda. For purposes of this role, “items pertaining to City business”
includes any matter within the Council’s or the City Manager’s power to act, any
matter that the Council previously voted on or discussed at the dais, or any matter discussed by or scheduled to be considered by another governmental
Revised 09-04-2024 by Resolution 24-15 4
entity that affects the operation of the City. Each person who wishes to address the Council shall complete a comment card and submit the card to the City Clerk (right-hand side of dais) before the speaker will be permitted to speak. However,
if the speaker has just arrived or decided to speak, the Chair may allow the card
to be filled out after speaking. Individuals will limit their comments to a maximum of three minutes. The Mayor shall advise the speaker that their time has expired. If the person remains at the podium, thereby interfering with other persons who may wish to be heard, the speaker’s microphone may be turned off, or the Mayor
may rule the person out of order in accordance with Rule 15.
H. City Manager reports. I. City Attorney reports.
J. Council Discussion Items (work session only) K. Other Council action (if agendaed from work session) L. Closing comments by Councilmembers (limited to 3 minutes)
M. Closing comments by Mayor. The order of business for a worksession meeting shall ordinarily be:
a. Presentations
b. Departmental Review of upcoming Council Agenda items c. City Manager Verbal Reports d. City Attorney Verbal Reports e. Council Discussion Items (agenda via City Manager)
f. New business (items not on the agenda may be brought up asking
they be scheduled for subsequent meetings or work sessions in accordance with Rule 1 Paragraph (2) (2) Motion process for agenda items with Ordinances or Resolutions: agenda
items will be presented by the City Manager and any staff designee(s) of his or her
choosing, followed by questions by Council, public input, discussion/comments by Council, a motion and second to approve the agenda item and ordinance or resolution, discussion/comments by Council regarding the motion, and vote.
Motion process for other agenda items: agenda items will be presented by the City
Manager and any staff designee(s) of his or her choosing, questions by Council, public input, discussion/comments by Council, a motion and second to approve the agenda item, and vote.
(3) Public comments in support or opposition of items before the Council shall be
limited to a total of 60 minutes, which can be extended upon Council approval. Persons speaking before the City Council shall submit a completed comment card before the
Revised 09-04-2024 by Resolution 24-15 5
speaker will be permitted to speak (if the speaker has just arrived or decided to speak, the Chair may allow the card to be filled out after speaking) and be limited to three minutes per speaker. The speaker’s microphone may be turned off after that time.
Representatives of a group may speak for three minutes plus an additional minute for
each person in the audience that waives their right to speak, up to a maximum of ten minutes. A comment card will be provided to document the request for additional time and those agreeing to waive their right to speak. No person shall speak more than once on the same subject at the same meeting unless granted permission by the City
Council. When time limits are set for speakers, unused time cannot be passed from
one speaker to another. Extensions of time limits can be given if approved by the Chair. RULE 7
AGENDA/EXPENDITURE OF FUNDS/ WAIVER OR CHANGE OF RULES (A) The City Manager or City Attorney may agenda an item. Any Council item must be agendaed for discussion at a work session prior to the item being placed on a
Council Agenda. Any citizen may request a member to agenda an item, even though
staff has assured petitioner that adverse action may result. The Chair cannot depart from the prescribed agenda but the Council may do so by a majority vote or by consensus in response to a suggestion from the Chair. Continuance may be granted by a majority vote of the Council upon the motion of any Councilmember. The public will
be allowed to speak on an item to be continued if that item is an advertised public
hearing, but no other action shall be taken. (B) Except for items advertised for public hearing, items may be removed from the agenda. Emergency items may be added to the agenda by the City Manager or City
Attorney without prior notice. Councilmember requested items that have not been
considered at a work session can be discussed at a Council meeting upon a majority vote of the council to do so. The agenda may be reordered. (C) Any expenditure of funds requiring Council action must be on the agenda, with
appropriate support material. No action may be taken on expenditures not on the
agenda unless the Council determines by the affirmative vote of a majority plus one to permit action to be taken. (D) The rules may be waived or changed only upon the affirmative vote of a majority
plus one.
RULE 8 DEBATE OF MOTIONS, TIE VOTES
Council may discuss an agenda item prior to a motion being made. Such discussion
may be interactive between the Councilmembers and may be ended at any time by a motion to call the question. Otherwise, any member of the Council making a motion
Revised 09-04-2024 by Resolution 24-15 6
shall address the Chair and await recognition before speaking. The person making the motion is entitled to the floor first for debate. No one is entitled to the floor a second time on the same motion as long as any other member who has not spoken on the
issue desires the floor. The Chair must recognize any person who seeks the floor while
entitled to it. When a motion is made and seconded, it shall be stated by the Chair, if necessary, before any debate shall be in order. All questions shall be stated and put by the Chair,
and the Chair shall declare all votes.
Motions and any amendments can be withdrawn or modified by the maker at any time prior to the Chair stating the question on the motion; after that time, the permission of the Council majority must be obtained. The Chair cannot close debate as long as any
member who has not exhausted his right to debate desires the floor, unless a vote to
call the question passes. Charter Section 2.08 provides that except in certain circumstances “… no action shall be valid or binding unless adopted by the affirmative vote of the majority of all council
members.” Therefore a tie vote or a 2-1 vote shall constitute a continuance of the item
to the next regularly scheduled meeting, but upon a tie vote or a 2-1 vote on the same item at the next meeting, the item shall not be rescheduled except upon the request of the City Manager, the City Attorney, or a Councilmember.
RULE 9 NON-DEBATABLE MOTIONS The following motions are not debatable:
To adjourn;
To lay on the table; To take from the table; Call the previous question.
RULE 10 RECONSIDERATION Any member of the Council who voted with the prevailing side may move a reconsideration of any action of the whole Council provided that the motion be made at
the same meeting at which the action was taken. A motion to reconsider shall be in
order at any time (during the meeting at which the action was taken) except when a motion on some other subject is pending. No motion to reconsider shall be made more than once on any subject or matter at the same meeting.
RULE 11 RESCISSION OF COUNCIL ACTION
Revised 09-04-2024 by Resolution 24-15 7
Council action may be rescinded by a majority vote. The motion may be made by any Councilmember.
RULE 12 BREAKS/RECESSES The Council shall, at the direction of the Chair, take a break as needed and may recess for meals if the members of the City Council agree by their vote.
RULE 13 COUNCIL MINUTES Copies of the minutes of regular meetings shall be furnished prior to the next meeting.
Such minutes shall stand confirmed at the regular meeting of the Council without the
reading thereof in open meeting unless some inaccuracy or error be pointed out by some member of the Council present, and in such event, an appropriate correction shall be made. Upon request, the City Manager will cause the City Clerk to provide any Councilmember with transcribed excerpts of tapes of City Council meetings.
RULE 14 RULES OF ORDER Except as provided herein, or as may be required by Florida law or the City Charter, the
rules of the City Council for the conduct of its business shall be as provided in the most
recent edition of Robert’s Rules of Order. RULE 15 RULES OF CONDUCT
At all times during regular and special City Council meetings, along with meetings of the Pension Trustees, the Council, staff and public shall conduct themselves in accordance with these Rules of Conduct.
Because the Council functions as a collegial body, with the Mayor serving as presiding
officer, all comments, requests, displays on the overhead projector, and questions shall be directed toward the Mayor or the Council as a collegial body. The speaker shall not name any individual Councilmember(s) other than the Mayor, either verbally or when utilizing the overhead projector. However, individual Councilmembers may be named if
the speaker is discussing, questioning, or responding to a specific comment previously
made by that Councilmember, or in reference to a prior vote cast on a specific agenda item by the named Councilmember. In addition, the Council has adopted a non-exclusive list of examples of behaviors that
disrupt the meeting and will, in the exercise of reasonable discretion, be ruled out of
order by the Mayor. Those disruptive behaviors include: (1) interrupting another citizen, City staff member, or Council member when not recognized; (2) shouting or speaking in
Revised 09-04-2024 by Resolution 24-15 8
a manner that threatens or incites a criminal offense; (3) engaging in name-calling or personal attacks against an identifiable individual, or displaying any such material on the City’s overhead projector; (4) extending the middle finger or making other obscene
gestures while another person has the floor and is speaking; (5) refusing to leave the
podium once the allotted time to speak has expired; (6) preventing or attempting to prevent a member of the audience from seeing or hearing Councilmembers; (7) standing on chairs or tables, or attempting to rearrange the City’s seating; (8) bringing signs or banners into the Council meeting room, unless advance permission is obtained
from the Mayor and the sign or banner relates solely to an item on the agenda; (9)
wearing any article of clothing or accessory that contains obscenity or expressly advocates for the election or defeat of a named individual for any public office, or displaying such materials on the overhead projector; (10) verbally identifying oneself as a candidate for election or reelection to any public office while the person is speaking
from the podium or the dais; (11) verbally endorsing a candidate for election or
reelection to any public office while the person is speaking from the podium or the dais. When ruling a person out of order, the Mayor shall warn the person that compliance with Rule 15 is required. If the person refuses to correct their behavior, or if the person
continues to violate the rule after having already been warned during that same
meeting, then the Mayor may either, in the exercise of reasonable discretion, direct the individual to yield the floor, or direct the person to leave the City Council meeting. Upon request by the Mayor, the Clearwater Police Department shall escort the person from the Council Chambers. In such cases, the person shall not be readmitted to the same
meeting, but shall be permitted to return to future meetings. The Mayor may also recess
the meeting at any time during or after a breach of decorum in order to restore order. To facilitate an orderly meeting, the determination of the Mayor shall be final regarding all decorum matters unless appealed by another Councilmember in the manner and
timing described in Robert’s Rules of Order, as amended from time to time. RULE 16 CITY MANAGER/CITY ATTORNEY ANNUAL GOALS
In September of each calendar year, the City Manager and City Attorney shall
suggest at least one and no greater than three goals to accomplish in the
year ahead. These suggested goals may either be shared with Council
through one-on-one meetings or at a public meeting. The suggested goals shall
be Specific, Measurable, Attainable, Relevant, and Timely- also known as
S.M.A.R.T. format. The goals shall be ranked in priority order, with the first goal
representing the highest priority.
In October of each calendar year, the City Council shall, by majority vote, either
adopt the goals suggested by the City Manager and City Attorney or modify
those goals. Any Councilmember may move to delete, modify, or add a goal. The
motion to add a goal may, at the Councilmember's option, either be in
Revised 09-04-2024 by Resolution 24-15 9
S.M.A.R.T. format or a different format. There are no limit to the number of
goals that can be added. However, when moving to add a goal, the
Councilmember must also propose a priority ranking, relative to the other goals.
If two goals appear to contradict each other or require the investment of time and
resources necessary to accomplish the other goal, then the City Council shall by
majority vote determine which goal to include and which goal to remove.
Any Councilmember may, at a publicly noticed work session, discuss the addition,
deletion, or modification of a goal during the year. If there appears to be consensus
regarding the addition, deletion, or modification, it may be placed on the consent
agenda for the regular Council meeting. If the proposing Councilmember does not
receive consensus, it shall be scheduled for a roll call vote at the regular Council
meeting.
RULE 17 ANNUAL PERFORMANCE REVIEWS OF THE CITY MANAGER AND CITY ATTORNEY
The City Clerk shall create a public work session agenda item to be discussed at the first normally scheduled work session each October. The title of the work session
agenda item shall be, “Annual evaluation of the performance and salaries of the City Manager and City Attorney.” If for any reason a public work session is not scheduled for October, or if the only public work session in October shall result in a formal council meeting that does not occur until
November, then the annual evaluation shall instead be scheduled for the first formal council meeting in October. Prior to the first public meeting at which the annual review will be discussed, each Councilmember shall complete a written evaluation of the City Manager and City
Attorney. Each Councilmember shall utilize the standard template attached to this rule, but nothing in this rule shall preclude individual Councilmembers from also completing supplemental written evaluations or remarks. Councilmembers are encouraged but not required to discuss their annual review with
the City Manager and City Attorney prior to the meeting(s) at which the performance evaluation will be publicly discussed. The evaluation period shall generally encompass the previous fiscal year. In some instances, however, a reviewing Councilmember may have served in their role for less
than one full year. In such instances, a review shall still be completed. Any Councilmember(s) reviewing less than a full year of performance may, in their individual option, either limit their review(s) to the time period covering the Councilmember’s time
Revised 09-04-2024 by Resolution 24-15 10
in office, or the Councilmember may consider information pre-dating the Councilmember’s time in office but still occurring within the most recent fiscal year.
In some instances, the City Manager or City Attorney may have been appointed or
promoted into their role less than a year before the annual review. In such cases, an annual review will still be performed in October, as required by the City Charter. The salary portion of said review shall be governed by the City Manager’s or City Attorney’s employment agreement. If the agreement is silent, any salary discussion in such cases
shall be solely within the City Council’s discretion. If the annual evaluation is placed on a work session agenda, the City Council shall decide at the work session whether to discuss and present the annual evaluation during the public work session, or whether to defer the presentation until the formal council
meeting. Regardless of whether the annual evaluation is performed at a work session or a formal Council meeting, each Councilmember shall present the City Manager and City Attorney with their written evaluations, using the templates attached to this rule. When presenting
their written evaluations, Councilmembers may, but are not required to, verbally discuss
any or all aspects of the written review. Councilmembers may also, if they so choose, elaborate or expand upon the written review, or verbally share any separate or additional information the Councilmember deems relevant apart from the written review.
After presenting each annual evaluation, the City Council shall ordinarily discuss the
salary of the City Manager and the City Attorney. However, if the annual evaluation was presented at a work session, the City Council may defer any discussion regarding salary until the first formal council meeting following the work session.
As stated in Council Rule 1, no motions can be made or any formal votes taken, as to
salary or any other matter, at a work session. Any motion to adjust salary, alter the employment status, or any other matter, can only be made at a formal council meeting at which public comment is accepted.
Revised 09-04-2024 by Resolution 24-15 11
Resolution No. Date Adopted 77-44 5-12-77 77-129 11-23-77
78-65 6-01-78 80-62 5-15-80 80-101 9-19-80 80-118 11-06-80 81-32 4-16-81
81-92 8-06-81 82-33 4-01-82 82-36 4-15-82 82-115 12-16-82 82-119 12-16-82
83-42 4-07-83 83-75 7-07-83 85-47 6-20-85 86-18 2-20-86 86-30 5-01-86
88-61 12-01-88
89-21 4-20-89 92-79 12-17-92 93-04 1-07-93 93-44 7-01-93
93-45 7-01-93
93-75 12-02-93 94-8 1-03-94 94-16 1-31-94 94-31 4-21-94
94-67 8-15-94
94-74 9-15-94 95-16 2-02-95 95-35 3-16-95 95-77 10-05-95
96-11 1-18-96 96-68 10-17-96 01-43 12-13-01 06-21 03-16-06 07-32 10-17-07
10-11 10-21 12-17 14-18 15-13
16-13
16-21
03-18-10 08-05-10 10-04-12 05-15-14 05-07-15
05-05-16
08-17-16
Revised 09-04-2024 by Resolution 24-15 12
17-37 10-05-17 18-20 19-19
19-27 20-17
09-20-18 06-20-19
08-14-19 04-16-20 22-03 23-04 23-09
23-14
23-15 23-19 24-15
02-03-22 03-02-23 06-08-23
09-07-23
09-07-23 12-19-23 09-04-24
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#24-1284
Agenda Date: 12/16/2024 Status: Agenda ReadyVersion: 1
File Type: Presentation(s) for
Council Meeting
In Control: Council Work Session
Agenda Number: 16.1
SUBJECT/RECOMMENDATION:
December Service Awards
SUMMARY:
15 Years of Service:
Richard “Ricky” Ryals Parks & Recreation
20 Years of Service:
Patricia Stephen-Zitouni City Clerk
Spiro Mannossos Gas
30 Years of Service:
Brian Schonborn Fire
STRATEGIC PRIORITY:
The city of Clearwater celebrates its employees and the Superior Public Service they provide to our
citizens. The city strives to attract and retain top-quality personnel through the maintenance of a
competitive compensation program. The service awards are a testament to the city and our high
performing government.
Page 1 City of Clearwater Printed on 12/11/2024
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#24-1553
Agenda Date: 12/16/2024 Status: Agenda ReadyVersion: 1
File Type: Presentation(s) for
Council Meeting
In Control: Council Work Session
Agenda Number: 16.2
SUBJECT/RECOMMENDATION:
Domestic Violence Awareness Month Proclamation, Hope Villages
Page 1 City of Clearwater Printed on 12/11/2024
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#24-1563
Agenda Date: 12/16/2024 Status: Agenda ReadyVersion: 1
File Type: Presentation(s) for
Council Meeting
In Control: City Council
Agenda Number: 16.3
SUBJECT/RECOMMENDATION:
Keep Pinellas Beautiful - Megan Jackson, Program Coordinator
SUMMARY:
Page 1 City of Clearwater Printed on 12/11/2024
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#24-1542
Agenda Date: 12/16/2024 Status: Agenda ReadyVersion: 1
File Type: Presentation(s) for
Council Meeting
In Control: Council Work Session
Agenda Number: 16.4
SUBJECT/RECOMMENDATION:
City of Clearwater Red-Light Camera Annual Report
SUMMARY:
In accordance with the July 2024 legislative changes to Florida State Statute 316.0083 - Mark Wandall
Traffic Safety Program - the annual report detailing the results of all red-light cameras (traffic infraction
detectors) within the City of Clearwater will be presented to the Clearwater City Council.
As part of the City of Clearwater's Traffic Safety Improvement Program, Red Light Cameras were
installed at three intersections to reduce the occurrence of red-light running crashes and the injuries or
fatalities associated with these incidents.
The City of Clearwater identified three intersections with elevated rates of red-light violations and related
crashes, based on data from 2009 to 2010. Initially, Redflex Inc. managed the program. In June 2021,
following the completion of an acquisition, Redflex Inc. became a wholly owned subsidiary of Verra
Mobility.
The "Warning" and "Public Education" campaign commenced on July 1, 2012, and concluded on July
30, 2012.
The "Notice of Violation" period began on July 31, 2012, at 12:01 AM.
At the January 18, 2024, City Council meeting, the Council approved a 5-year renewal agreement with
Verra Mobility for Red Light Cameras.
The day-to-day operations of the program are handled by a part-time/permanent Police Service
Technician (PST).
Since the program's inception and still ongoing, the Clearwater Police Department monitors Red Light
cameras at the following intersections:
Gulf to Bay Boulevard and Belcher Road - Eastbound
Gulf to Bay Boulevard and Belcher Road - Westbound
Fort Harrison Avenue and Chestnut Street - Eastbound
In July 2024, the Legislature revised reporting requirements under Florida State Statue 316.0083 Mark
Wandall Traffic Safety Program. Municipalities must prepare an annual report of the results of all
red-light cameras (traffic infraction detectors) that must be placed on the agenda.
The summary report includes data gathered by the City, in conjunction with City’s red light camera
vendor, Verra Mobility, during the reporting period of July 1, 2023 through June 30, 2024.
STRATEGIC PRIORITY:
High Performing Government, specifically strategic objective 1.4 to foster safe and healthy communities
Page 1 City of Clearwater Printed on 12/11/2024
File Number: ID#24-1542
in Clearwater through first-class public safety and emergency response services.
Page 2 City of Clearwater Printed on 12/11/2024
Summary Report
July 1, 2023 - June 30, 2024
As part of the city of Clearwater's Traffic Safety Improvement Program, Red Light Cameras were installed at three
intersections to reduce the occurrence of red-light running crashes and the injuries or fatalities associated with
these incidents.
The city of Clearwater identified three intersections with elevated rates of red-light violations and related
crashes, based on data from 2009 to 2010. Initially, Redflex Inc. managed the program. However, in June 2021,
following the completion of an acquisition, Redflex Inc. became a wholly owned subsidiary of Verra Mobility.
The "Warning" and "Public Education" campaign commenced on July 1, 2012, and concluded on July 30, 2012.
The "Notice of Violation" period began on July 31, 2012, at 12:01 a.m.
At the Jan. 18, 2024, City Council meeting, the Council approved a 5-year renewal agreement with Verra Mobility
for Red Light Cameras.
The day-to-day operations of the program are handled by a part-time/permanent Police Service Technician (PST).
Program Summary
Red Light Cameras Intersections
•Gulf to Bay Boulevard and Belcher Road (Eastbound)
•Gulf to Bay Boulevard and Belcher Road (Westbound)
•Fort Harrison Avenue and Chestnut Street
(Eastbound)
In July 2024, the Legislature revised reporting requirements under Florida State Statue 316.0083 Mark Wandall
Traffic Safety Program. Municipalities must prepare an annual report of the results of all red-light cameras
(traffic infraction detectors) that must be placed on the agenda.
The annual report:
o May not be considered as a part of a consent agenda.
o Must be the annual report provided to the department.
o Must include a written summary which must be read aloud at the regular or special meetings of the
county’s or municipality’s governing body.
The summary must contain the number of notices of violation (NOVs) issued, the number that were contested,
the number that were upheld, the number that were dismissed, the number that were issued as Uniform Traffic
Citations (UTCs), and the number that were paid and how the collected funds were disbursed.
Interested members of the public must be allowed to comment on the annual report.
The county or municipality must report to the department that the county’s or municipality’s annual report was
considered at a regular or special meeting of the county’s or municipality’s governing body and include the date
the regular or special meeting was held where the annual report was considered.
July 2024 Legislature Revised Requirements
Operational period of July 1, 2023 – June 30, 2024
Data provided by Verra Mobility
The number of Notices of Violations
(NOVs) issued
11,370
The number that were contested 107
The number that were upheld 92
The number that were dismissed 15
The number that were issued as a
Uniform Traffic Citation (UTC)
3,138
The number that were paid 6,896
How the funds were disbursed See the next slide
How the Funds are Disbursed
NOVs issued by a county or municipal traffic infraction enforcement officer (Police Dept,
Sheriff, etc.), from video/still footage from red light cameras. The fine is $158 distributed by
the structure shown in the second section.
$100 to the Department of Revenue (DOR) for deposit into the General Revenue Fund
$10 to DOR for deposit into the Department of Health Emergency Medical Services Trust
Fund
$3 to DOR for deposit into the Brain and Spinal Cord Injury Trust Fund
$45 shall be retained by the county or municipality enforcing the ordinance
**Revenue received by the city is sent to the General Fund to offset the costs associated with the
program and policing**
Summary Report
July 1, 2023 - June 30, 2024