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05/15/2025Thursday, May 15, 2025 6:00 PM City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 Main Library - Council Chambers City Council Meeting Agenda May 15, 2025City Council Meeting Agenda Welcome. We are glad to have you join us. If you wish to address the Council, please complete a Comment Card. Comment Cards are on the right-hand side of the dais by the City Clerk. When recognized, please hand your card to the Clerk, approach the podium and state your name. Persons speaking before the City Council shall be limited to 3 minutes unless otherwise noted under Public Hearings. A spokesperson for a group may speak for 3 minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of 10 minutes. Prior to the item being presented, please obtain the form to designate a spokesperson from the City Clerk. Up to 60 minutes of public comment will be allowed for an agenda item. No person shall speak more than once on the same subject unless granted permission by the City Council. The City of Clearwater strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior to the meeting if you require special accommodations at 727-562-4090. Assisted Listening Devices are available. Kindly refrain from using cell phones and electronic devices during the meeting. Citizens wishing to provide comments on an agenda item are encouraged to do so in advance through written comment. The City has established the following two options: 1) eComments via Granicus - eComments is integrated with the published meeting agenda. Individuals may review the agenda item details and indicate their position on the item. You will be prompted to set up a user profile to allow you to comment, which will become part of the official public record. The eComment period is open from the time the agenda is published. All comments received by 5:00 p.m. the day before the meeting will become part of the official record. 2) Email – Individuals may submit written comments or videos to ClearwaterCouncil@myclearwater.com. All comments received by 5:00 p.m. the day before the meeting will become part of the official record. 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by governmental agencies or groups providing formal updates to Council will be limited to ten minutes.) 4.1 May Service Awards 4.2 Proclamation for Faith and Family Month 4.3 EMS Week 2025 4.4 National Safe Boating Week Proclamation - Captain Karen Miller, US Coast Guard 4.5 Florida Water Reuse Week Proclamation - Rich Gardner, Public Utilities Director Page 2 City of Clearwater Printed on 5/13/2025 May 15, 2025City Council Meeting Agenda 4.6 Public Works Week Proclamation, May 18-24 - Jeremy Alleshouse, Interim Public Works Assistant Director 5. Approval of Minutes 5.1 Approve the minutes of the May 1, 2025 city council meeting and the April 29, 2025 special city council meeting as submitted in written summation by the City Clerk. 6. Consent Agenda The Consent Agenda contains normal, routine business items that are very likely to be approved by the City Council by a single motion. These items are not discussed, and may all be approved as recommended on the staff reports. Council questions on these items were answered prior to the meeting. The Mayor will provide an opportunity for a Councilmember or a member of the public to ask that an item be pulled from the Consent Agenda for discussion. Items pulled will receive separate action. All items not removed from the Consent Agenda will be approved by a single motion of the council. 6.1 Approve co-sponsorship and waiver of requested city fees for eight High Impact co-sponsored special events at an estimated cost for in-kind services of $514,390, ($482,380 general fund, and $32,010 enterprise fund), and general fund funding for the Community Event Co-Sponsorship Program cash contributions of $150,000, for the purpose of Fiscal Year 2025/26 departmental budget submissions and authorize the appropriate officials to execute same. (consent) 6.2 Approve a First Amendment to an Agreement between Boys and Girls Clubs of the Suncoast, Inc. (Agency), and the City of Clearwater to change the name from Boys and Girls Clubs of the Suncoast, Inc. to the Boys and Girls Club of Greater Tampa Bay and change the address from 2300 Tall Pines Drive, Suite 150, Largo, FL 33771 to 1307 N. MacDill Avenue Tampa, FL 33607, and authorize the appropriate officials to execute same. (consent) 6.3 Approve a Work Order to Moffatt and Nichol, of Tampa Bay, FL, under the continuing services contract, for the design and permitting of the Clearwater Harbor Marina North Basin Repair Project (23-0030-MA) in the amount of $145,904.00, pursuant to Request for Qualifications (RFQ) 34-23, Engineer of Record Consulting Services (EOR) and authorize the appropriate officials to execute same. (consent) Page 3 City of Clearwater Printed on 5/13/2025 May 15, 2025City Council Meeting Agenda 6.4 Authorize the first amendment to the agreement with Whitlock Consulting Group of Beaufort, SC, for project management and professional services in support of utility billing system upgrades for the term July 1, 2025 through December 21, 2025, in the not to exceed amount of $173,812.00, for a total not to exceed amount of $506,548.00, pursuant to RFP 20-24 and authorize the appropriate officials to execute same. (consent) 6.5 Authorize a purchase order and an agreement between Divecom Services, LLC, located at 1310 10th St E Unit G, Palmetto, FL., 34221, and the City of Clearwater to provide vessel removal, towing, storage, and/or disposal services to accommodate all needs of the Clearwater Police Department and the Marine and Aviation Department in the annual amount of $100,000.00 for the initial term with two, one-year renewal options pursuant to Request for Proposal 12-25 and authorize the appropriate officials to execute same. (consent) 6.6 Award a construction contract to Razorback, LLC of Tarpon Springs, FL, for Reverse Osmosis Plant 2 (RO2) Injection Well 1 (IW-1) Retrofit in the amount of $213,888.40 pursuant to Invitation to Bid (ITB) 20-0020 UT; approve Supplemental Work Order 2 to WSP USA, Inc. for construction oversight and SCADA programming for the RO2 IW-1 Retrofit, Project 20-0020-UT, in the amount of $57,043.80, increasing the project amount from $127,313.80 to $184,357.60 pursuant to the continuing contract awarded in Request for Qualifications (RFQ) 26-19, Engineer of Record Consulting Services (EOR) and authorize the appropriate officials to execute same. (consent) 6.7 Authorize a purchase order to Razorback LLC for Clarifier Maintenance and Services in the annual not-to-exceed amount of $515,000.00 with the option for two one-year renewals pursuant to ITB 15-25 and authorize the appropriate officials to execute same. (consent) Public Hearings - Not before 6:00 PM 7. Administrative Public Hearings - Presentation of issues by City staff - Statement of case by applicant or representative (5 min.) - Council questions - Comments in support or opposition (3 min. per speaker or 10 min maximum as spokesperson for others that have waived their time) - Council questions - Final rebuttal by applicant or representative (5 min.) - Council disposition Page 4 City of Clearwater Printed on 5/13/2025 May 15, 2025City Council Meeting Agenda 7.1 Declare as surplus and approve the Sale of City of Clearwater improved S Garden Avenue Right of Way to the sole adjacent landowner Church of Scientology Flag Services as further defined “All of the right-of-way (ROW) of Garden Avenue abutting lots 6-11 together with that portion abutting the vacated 15-foot alley lying between lots 10 and 11 of Court Square Subdivision as recorded in Plat Book 5, Page 53 of the Public Records of Pinellas County, Florida,” containing 0.65 Acres ±, and authorize the appropriate officials to execute same. (APH) 7.2 Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1609 Levern Street and pass Ordinances 9822-25, 9823-25 and 9824-25 on first reading. (ANX2025-03002) 8. Second Readings - Public Hearing 8.1 Adopt Ordinance 9812-25 on second reading, vacating city right-of-way as requested by the applicant Church of Scientology Flag Service Organization to the Southern platted right-of-way portion of S Garden Avenue as Statute owned in fee-simple by the City of Clearwater as further defined “Less and except the Southern Right-of-Way portion of Garden Avenue abutting Lots 6-11 together with that Portion abutting the vacated 15 foot alley lying between Lots 10 and 11 of Court Square Subdivision” as recorded in Plat Book 5, Page 53 of the Public Records of Pinellas County, as containing 0.65 acres ±.” 9. City Manager Reports 10. City Attorney Reports 11. Closing comments by Councilmembers (limited to 3 minutes) 12. Closing Comments by Mayor 13. Adjourn Page 5 City of Clearwater Printed on 5/13/2025 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#25-0235 Agenda Date: 5/15/2025 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by government agencies or groups providing formal updates to Council will be limited to ten minutes.) In Control: Council Work Session Agenda Number: 4.1 SUBJECT/RECOMMENDATION: May Service Awards SUMMARY: 5 Years of Service: Gregory Fawcett General Services Tiffany Collins Solid Waste 10 Years of Service: Joshua Morales Utility Customer Service Monica Serrano Library Danielle Jansen Library 15 Years of Service: Chris Buehler Public Utilities Frederick Hemerick Public Utilities 20 Years of Service: Leon Brown Solid Waste Daniel McGuinness Public Utilities Kyle Mueller Fire 25 Years of Service: Lennox Dawkins Public Works Christopher Beckham Parks & Recreation Gary Bonzo Police 30 Years of Service: Chris Thorn Gas 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 5/13/2025 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#25-0440 Agenda Date: 5/15/2025 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by government agencies or groups providing formal updates to Council will be limited to ten minutes.) In Control: City Council Agenda Number: 4.2 SUBJECT/RECOMMENDATION: Proclamation for Faith and Family Month SUMMARY: Page 1 City of Clearwater Printed on 5/13/2025 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#25-0247 Agenda Date: 5/15/2025 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by government agencies or groups providing formal updates to Council will be limited to ten minutes.) In Control: Council Work Session Agenda Number: 4.3 SUBJECT/RECOMMENDATION: EMS Week 2025 Page 1 City of Clearwater Printed on 5/13/2025 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#25-0284 Agenda Date: 5/15/2025 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by government agencies or groups providing formal updates to Council will be limited to ten minutes.) In Control: Council Work Session Agenda Number: 4.4 SUBJECT/RECOMMENDATION: National Safe Boating Week Proclamation - Captain Karen Miller, US Coast Guard Page 1 City of Clearwater Printed on 5/13/2025 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#25-0387 Agenda Date: 5/15/2025 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by government agencies or groups providing formal updates to Council will be limited to ten minutes.) In Control: Council Work Session Agenda Number: 4.5 SUBJECT/RECOMMENDATION: Florida Water Reuse Week Proclamation - Rich Gardner, Public Utilities Director Page 1 City of Clearwater Printed on 5/13/2025 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#25-0427 Agenda Date: 5/15/2025 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by government agencies or groups providing formal updates to Council will be limited to ten minutes.) In Control: Council Work Session Agenda Number: 4.6 SUBJECT/RECOMMENDATION: Public Works Week Proclamation, May 18-24 - Jeremy Alleshouse, Interim Public Works Assistant Director Page 1 City of Clearwater Printed on 5/13/2025 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#25-0109 Agenda Date: 5/15/2025 Status: Agenda ReadyVersion: 1 File Type: MinutesIn Control: City Council Agenda Number: 5.1 SUBJECT/RECOMMENDATION: Approve the minutes of the May 1, 2025 city council meeting and the April 29, 2025 special city council meeting as submitted in written summation by the City Clerk. Page 1 City of Clearwater Printed on 5/13/2025 City Council Meeting Minutes May 1, 2025 Page 1 City of Clearwater City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 Meeting Minutes Thursday, May 1, 2025 6:00 PM Main Library - Council Chambers City Council Draft City Council Meeting Minutes May 1, 2025 Page 2 City of Clearwater Roll Call Present: 5 - Mayor Bruce Rector, Vice Mayor Lina Teixeira, Councilmember David Allbritton, Councilmember Ryan Cotton and Councilmember Michael Mannino Also Present: Jennifer Poirrier – City Manager, Daniel Slaughter – Assistant City Manager, David Margolis – City Attorney, Rosemarie Call – City Clerk and Nicole Sprague – Deputy City Clerk. To provide continuity for research, items are listed in agenda order although not necessarily discussed in that order. 1. Call to Order – Mayor Rector The meeting was called to order at 6:00 p.m. 2. Invocation – Father Bob Swick from St. Francis of Assisi Old Catholic Church 3. Pledge of Allegiance 4. Approval of Minutes 4.1 Approve the April 17, 2025 City Council meeting minutes as submitted in written summation by the City Clerk. Vice Mayor Teixeira moved to approve the April 17, 2025 City Council meeting minutes as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. 5. Consent Agenda – Approved as submitted, less Item 5.5. 5.1 Approve a Contract for the Purchase of 1.2 acres of real property located at 2998 Lake Vista Drive Clearwater, FL 33759 as recorded in County O.R. Book 22911 Page 2161 therein the Public Records of Pinellas County, FL (Parcel Identification Number 08-29-16-00000-410-0100) by the City of Clearwater Parks and Recreation Department from Rachael Anne Brinson at the purchase price of $450,000.00 plus anticipated closing costs of up to $3,500 yielding a total expenditure not to exceed $453,500.00 and authorize the appropriate officials to execute same. (consent) 5.2 Authorize Parks and Recreation Department staff to request an amendment to the approved Florida Recreation Development Assistance Program (FRDAP) project grant agreement removing the dock from the project and requesting that the funds be used to widen the sidewalk along the west side of Edgewater Drive as part of the renovations and Draft City Council Meeting Minutes May 1, 2025 Page 3 City of Clearwater improvements of Edgewater Drive Park, 1923 Edgewater Drive and authorize the appropriate officials to execute same. (consent) 5.3 Approve a proposal from Construction Manager at Risk (CMAR) J. Kokolakis of Tarpon Springs, Fl., for Harbor Marina - North and South Basins - Temporary Chaining (23-0030-MA) in the amount of $133,253, pursuant to Request for Qualifications (RFQ) 51-24, and authorize the appropriate officials to execute same. (consent). 5.4 Approve FDOT Construction Agreement (2024-C-799-00018) for construction of sidewalk and Right-of-Way (ROW) improvements in FDOT ROW for the New City Hall project (22-0019-EN) and authorize the appropriate officials to execute same. (consent) 5.5 Authorize Purchase Orders to BOS Tampa to provide furniture for the New City Hall (22-0019-EN) and MSB Renovations (23-0035-EN) projects in the not to exceed amount of $2,300,000.00 pursuant to Clearwater Code of Ordinances Section 2.563 (1)(c), Piggyback. and 2.563(1)(d), Non-competitive purchase (impractical), and authorize the appropriate officials to execute same. (consent) See below. 5.6 Approve the Department of the Army Consent to Easement to Use Corps of Engineers Right-Of-Way for the Beach Marina Replacement and authorize the appropriate officials to execute same. (consent) 5.7 Declare list of vehicles and equipment surplus and authorize disposal through auction pursuant to Clearwater Code of Ordinances Section 2.623(6) and (8) and authorize the appropriate officials to execute same. (consent) 5.8 Ratify and confirm an increase of $100,000 and an additional $225,000 to purchase order with WEX Bank of Portland, ME for fleet fuel card services in a cumulative not-to-exceed amount of $325,000.00 bringing the total amount to $1,059,800.00 for initial term ending December 31, 2025, pursuant to Clearwater Code of Ordinance Section 2.563(1)(c) Piggyback purchasing. (consent) 5.9 Schedule a special work session on Wednesday, August 6, 2025 at 10:00 a.m. and special council meetings on Wednesday, September 3, 2025 at 6:00 p.m. and Wednesday, September 17, 2025 at 6:00 p.m. (consent) 5.10 Reappoint Kevin Laughlin to the Marine Advisory Board with a term expiring March 31, 2029 and appoint John Renton with a term expiring April 28, 2029. (consent) Councilmember Allbritton moved to approve the Consent Agenda, less Item 5.5, and authorize the appropriate officials to execute Draft City Council Meeting Minutes May 1, 2025 Page 4 City of Clearwater same. The motion was duly seconded and carried unanimously. 5.5 Authorize Purchase Orders to BOS Tampa to provide furniture for the New City Hall (22-0019-EN) and MSB Renovations (23-0035-EN) projects in the not to exceed amount of $2,300,000.00 pursuant to Clearwater Code of Ordinances Section 2.563 (1)(c), Piggyback. and 2.563(1)(d), Non-competitive purchase (impractical), and authorize the appropriate officials to execute same. (consent) The City received four furniture package quotes from American Interiors, BOS, Empire, and Workscapes. After shortlisting Workscapes and BOS, BOS was selected based on lower pricing and superior quality. The proposed furniture line, Haworth, is recognized as “Forever” furniture, offering long-term flexibility with ability to expand and replace components for years to come. Comparable to building blocks, the Haworth line is both versatile and durable, ideal for long-term use and easy reconfiguration by the City as needed. BOS agreed to hold their pricing for over two years, well beyond typical industry standards, to support both the Fall 2025 MSB move-in and the August 2026 New City Hall staff move-in. City staff gained significant knowledge working in lower cubical configurations over the past few months and identified opportunities to improve productivity through minor adjustments to the original furniture. Based on this feedback, the City is refining the quotes to include additional allowances for these modifications. Staff is actively reassessing opportunities to incorporate additional reusable furniture items, which may result in quantity adjustments. Cost saving efforts include reuse of many existing desk chairs, Customer Service lobby seating, and select office furniture at the MSB, as well as the city purchasing furniture directly to avoid CMAR fees and benefit from tax savings. The BOS proposal currently estimates $756,149.48 for City Hall and $1,444,841.50 for the Municipal Services Building (MSB). While both proposals include a “Finish Allowances and Adjustments for City Refinements” line item, staff is requesting an additional 4.5% ($99,009.02) to cover any unforeseen adjustments prior to staff occupancy. This brings the total proposed amount to $2,300,000.00. The BOS proposal is based on Florida State Contract #56120000-24-NY-ACS, Furniture, All Types, valid through December 1, 2028. Additional discounts have been provided by BOS on several line items. BOS is an authorized dealer for Haworth, VIA Inc., JSI Inc., Affordable Interior Systems, OFS Brands, and Humanscale Corp. While a small portion of the requested furniture (approximately 11% for open market items, freight and installation) is not covered under the State Contract, competitively bidding those items separately Draft City Council Meeting Minutes May 1, 2025 Page 5 City of Clearwater is considered impractical due to their relatively low value, combined freight and installation costs, volume pricing discounts, and the benefits of working with a single supplier and project manager to ensure streamlined installation and warranty support. Furniture installation is anticipated to take approximately two months for each location, with a phased move-in for MSB staff, prioritizing staff currently working in leased spaces. An administrative change order with Ajax Builders will be processed to deduct the furniture allowance from the City Hall GMP. The City Hall GMP included an allowance of $750,000. Furniture was not included in the MSB GMP. APPROPRIATION CODE AND AMOUNT: ENGF220001-CONS-CNSTRC $790,161.08 ENGF230001-CONS-CNSTRC $1,509,838.92 Funding is available in Capital Improvement Projects, ENGF220001, New City Hall and ENGF230001, MSB Renovations, to fund the purchase orders. These are funded by General Fund Revenues. STRATEGIC PRIORITY: The City Hall and MSB Renovations project supports the five strategic priorities below. The new City Hall facility, a 2-story 40,303 square foot building on a 1.68-acre site, creates a streamlined government service center, adjacent to Clearwater Police headquarters, Municipal Services Building (MSB) and city parking garage, to provide improved customer service and efficient use of existing facility space with the pending MSB renovations. The City Hall project is expected to achieve LEED Silver certification with the US Green Building Council, the first built by the City of Clearwater. Relocating City Hall to this site sparked development of the bluff waterfront with proposed apartments, commercial space and hotel expected to break ground in 2025. The project includes enhanced indoor air quality strategies, energy reduction and metering, daylighting, photovoltaics, EV charging stations, rainwater gardens, reduced heat island effect, outdoor water use reductions, Florida native plants, walkability, and access to public transit. One individual spoke in opposition. Councilmember Mannino moved to authorize Purchase Orders to BOS Tampa to provide furniture for the New City Hall (22-0019-EN) and MSB Renovations (23-0035-EN) projects in the not to exceed amount of $2,300,000.00 pursuant to Clearwater Code of Ordinances Section 2.563 (1)(c), Piggyback. and 2.563(1) (d), Non-competitive purchase (impractical), and authorize the Draft City Council Meeting Minutes May 1, 2025 Page 6 City of Clearwater appropriate officials to execute same. The motion was duly seconded and carried unanimously. 6. City Manager Reports – None. 7. City Attorney Reports – None. 8. Closing comments by Councilmembers (limited to 3 minutes) Councilmember Cotton requested a discussion item regarding establishing individual councilmember budgets for ticketed events. He said he thought it was important that the Mayor and Councilmembers are out in the community and suggested establishing a framework to address Council's plus one as part of the budget process. Councilmember Allbritton said that Citizens to be Heard was removed from the council meeting agenda because of a group of unruly individuals who used the meetings to monetize their websites. Council decided to hold town hall meetings in different neighborhoods to receive public comments. He said Tuesday's town hall meeting was intended to be a forum for citizens to voice concerns about their neighborhood. The forum was disrupted by a group of self-proclaimed First Amendment Auditors and their unruly behavior created a tense atmosphere that prompted some community members to leave the meeting early out of concern for their safety and it does not appear the unruly individuals are going to stop. He requested consideration to 1) bring back Citizens to be Heard regarding items not on the agenda and limiting that portion of the agenda to individuals who live, own property, or own a business within Clearwater city limits, 2) require individuals to preregister, and 3) require cameras of meeting attendees be limited to a specific area, similar to the media. He said the preregistration process may require special software but should provide the City Clerk ample time to confirm the credentials provided. He said the city of St. Petersburg and Pinellas County require pre-registration. Vice Mayor Texeira offered her sympathy and prayers to those affected by the boating accident that recently occurred, condolences to the family of Jose Castro, and heartfelt thanks to the first responders and staff who acted swiftly and with dedication. She encouraged all to support the Clearwater Marine Aquarium, which is still dealing with the aftermath of hurricanes Helene and Milton, on May 10, 2025 at the Oceania Couture Fashion Performance. Draft City Council Meeting Minutes May 1, 2025 Page 7 City of Clearwater 9. Closing Comments by Mayor Mayor Rector offered his sympathy to those affected by the boating accident. He said there is a lot of misinformation regarding what happened that night but wanted all to know that the Clearwater Fire Department and Clearwater Police Department have completed their role in the matter and that the Florida Fish and Wildlife Commission is in charge of the investigation. Mayor Rector thanked the Brinson Family, Clearwater residents who have donated several properties to the city over the years, for their years of commitment and support. 10. Adjourn The meeting adjourned at 6:19 p.m. Mayor City of Clearwater Attest City Clerk Draft City Council Meeting Minutes April 29, 2025 Page 1 City of Clearwater City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 Meeting Minutes Tuesday, April 29, 2025 5:30 PM Town Hall - for the purpose of receiving public comments. Countryside Library – 2462 Sabal Springs Dr., Meeting Room City Council Draft City Council Meeting Minutes April 29, 2025 Page 2 City of Clearwater Roll Call Present 5 - Mayor Bruce Rector, Vice Mayor Lina Teixeira, Councilmember Allbritton, Councilmember Ryan Cotton, and Councilmember Michael Mannino Also Present: Jennifer Poirrier – City Manager, David Margolis – City Attorney, and Rosemarie Call – City Clerk To provide continuity for research, items are listed in agenda order although not necessarily discussed in that order. Unapproved 1. Call to Order – Mayor Rector The meeting was called to order at 5:30 p.m. 2. Public Comments 2.1 Public Comments - 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. Individuals will limit their comments to a maximum of three minutes. Martha Burke expressed concerns with the sand dunes on North Clearwater Beach’s residential area and suggested the City establish a sand dune restoration protocol that includes signage and restoration efforts after catastrophic storms. Lisa Lanza supported Ms. Burke’s comments and thanked the City for the Arbor Day tree giveaways and staff for the helpful planting guides. Dennis McDermmott expressed safety concerns at the Clearwater Airpark and said he believes city officials are misinformed of the aircraft and noise activity at the facility, specifically light jet aircraft. Mr. Holuba expressed concerns regarding Councilmember Mannino’s former charity Finish Line for Scholarships and requested, as a records request, a list of individuals and organizations who donated or received funds from the charity. Mike Taylor expressed a concern regarding the vessels the City purchased and provided to Clearwater Ferry and requested the City bring back Citizens to be Heard on the council agendas. Draft City Council Meeting Minutes April 29, 2025 Page 3 City of Clearwater Larry said his emails and calls to Council have gone unacknowledged and opposed the sale of Garden Avenue to the Church of Scientology. Bill Jonson thanked the City for bringing the forum to Countryside and said he was disappointed to see that the strategic planning session did not include a forward plan or community expectations. He said Public Utilities is utilizing the Florida Sterling Evaluation Process and suggested that other city departments adopt the initiative. Sandra expressed concerns with the disruptive individual in the front row and hoped individuals to be more respective. Cheryl Fullerton, George LeBanca, Barbara Sorey Love, Tony Tellis, Karen Mayer, Jaimie, Michelle Schaetter, and Steve Harris opposed the sale of Garden Avenue to the Church of Scientology and supported the Save the Garden proposal. Aaron Smith-Levin and Mark Bunker opposed the sale of Garden Avenue to the Church of Scientology and requested that the Save the Garden proposal be placed on the May 15, 2025 council meeting agenda. George LeBanca, Chris, and Emily opposed the sale of Garden Avenue to the Church of Scientology. Rev. Hippie expressed concerns with local governments restricting individuals rights to speak. Mike Mastruserio expressed concerns with leasing practices of Mr. Agami and opposed the sale of Garden Avenue to the Church of Scientology. Unknown Male said he is still being prosecuted by the police department for what he said during a recessed council meeting and yet the disruptive individual in the front row is allowed to remain disruptive. Brooks Gibb thanked Council for extending the time to review the alternate proposal for Garden Avenue and thanked staff for being responsive to his questions and meeting requests. He opposed the sale of Garden Avenue to the Church of Scientology. John Filax said he started attending the council meetings because Mike Taylor’s rights were violated, he supported removing fluoride from the City’s drinking water, and he questioned who will pay for the damage caused by the recent boating accident. George Popolano supported the sale of Garden Avenue to the Church of Scientology. Personality Check Audit supported bringing back Citizens to be Heard re Items not on the Agenda and expressed concerns regarding Councilmember Mannino’s charity. Draft City Council Meeting Minutes April 29, 2025 Page 4 City of Clearwater Rudy Michalek said that the Clearwater Beach Association wants to work with the City to refurbish the north beach area as well as provide some of the funding for the refurbishment efforts. He said the traffic pattern and flow on the beach is slow and he is hopeful that citizen input is considered during the traffic study. He suggested widening or expanding lanes on Ft. Harrison Avenue, between Chestnut Street and Court Street, because the turn lanes have a tendency to back up through traffic. Frank Russo said the Clearwater Police Department is doing a great job. 3. Adjourn The meeting adjourned at 6:54 p.m. Mayor City of Clearwater Attest City Clerk Draft Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#25-0338 Agenda Date: 5/15/2025 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 6.1 SUBJECT/RECOMMENDATION: Approve co-sponsorship and waiver of requested city fees for eight High Impact co-sponsored special events at an estimated cost for in-kind services of $514,390, ($482,380 general fund, and $32,010 enterprise fund), and general fund funding for the Community Event Co-Sponsorship Program cash contributions of $150,000, for the purpose of Fiscal Year 2025/26 departmental budget submissions and authorize the appropriate officials to execute same. (consent) SUMMARY: Per City Council Policy, Item 2-21, Special Event Fee, there shall be an annual review of city sponsored/co-sponsored events during the budget process. An agenda item approving co-sponsorship and level of support for these events will be brought before the city council at the beginning of the budget process each fiscal year. In the event additional money is required beyond what is approved in the Fiscal Year (FY) 2025/26 budget, City Council approval will be required. On December 19, 2023, City Council policy, Item 2-21 Special Event Fee was amended to waive in-kind fees for High Impact events greater than $20,000 and approve a lump sum amount to fund the “Special Events Assistance Program” aka “Community Event Co-Sponsorship Program” for events less than $20,000. Cash funding for High Impact events were eliminated apart from $75,000 for Jazz Holiday in FY 2024/25 which was approved by City Council on June 6, 2024. Budget requests for High Impact Events in FY 2025/26 total $514,390 as compared with last year’s requests of $752,100. This represents a decrease of $237,710 (32%) for High Impact Events. The decrease is due mainly to the removal of funding requests for Veteran’s Day, Clearwater Marathon & Running Festival, Memorial Day and Hispanic Heritage events. In addition, departments including Police, Fire, Parking and Parks and Recreation were able to provide reductions to events held in Coachman Park due to adjustments made after a full year of having special events in Coachman Park. Certain events serving alcohol saw an increase in police costs due to the number of “point of sale” POS locations planned, as well as slight increases due to salary adjustments. The Veteran’s Day and Memorial Day events will be managed through a partnership with the Veterans Alliance and the City and funded from the Community Event Co-sponsorship program. Also, the Hispanic Heritage event will apply for funds through the Community Event program. The Clearwater Marathon & Running Festival is not seeking financial support but is requesting permission to allow for the closure of the Memorial Causeway for their event. The Clearwater Turkey Trot will be produced by the Parks and Recreation Department rather than the West Coast Y Runners Club beginning with Thanksgiving 2025. Co-sponsorship support is being requested for this year, but the goal is to become revenue neutral thus providing a new stream of revenue for the city. The new “Community Event Co-Sponsorship Program” was well received for the first year with 11 organizations receiving funds totaling $95,750. The average amount of funding for each event was $8,704.55. Requiring groups to provide a portion of funding from other sources has been a positive outcome of this new program.as the community events are now not totally dependent on the city for their events. Examples of Community Events include Festival of Trees, ReliaQuest Beach Bowl Day, Look Up Clearwater, Community Family Fun Night, and MLK Jr. Celebration and March. Staff is requesting a reduction in funding for FY 2025/26 from $200,000 to $150,000 for this program. Total support of $664,390 is being recommended for all Co-Sponsored events (High Impact and Community Program events) for FY 2025/26 which is a decrease of 30% or $287,710 from FY 2024/25. Page 1 City of Clearwater Printed on 5/13/2025 File Number: ID#25-0338 APPROPRIATION CODE AND AMOUNT: If approved, in-kind funding for the various High Impact events will be budgeted in each department’s operating budget for FY 2025/26. Funding for the $150,000 of cash contributions for the Community Event Co-sponsorship program will be budgeted in the Parks & Recreation operating budget of the General Fund. USE OF RESERVE FUNDS: N/A STRATEGIC PRIORITIES: Approval of the purchase order supports several Strategic Plan Objectives, including: ·2.1: Strengthen public-private initiatives that attract, develop, and retain diversified business sectors. ·2.2: Cultivate a business climate that welcomes entrepreneurship, inspires local investment, supports Eco-friendly enterprises, and encourages high-quality job growth. ·2.3: Promote Clearwater as a premier destination for entertainment, cultural experiences, tourism, and national sporting events. ·3.1: Support neighborhood identity through services and programs that empower community pride and belonging. ·3.4: Inspire citizen participation through civic engagement and volunteerism to build strong, inclusive, and engaged communities. Page 2 City of Clearwater Printed on 5/13/2025 City Event produced by Parks & Recreation Department1Clearwater Sea-Blues Festival-$ 77,310$ 840$ 78,150$ 2 Clearwater Celebrates America -$ 122,920$ 960$ 123,880$ 3 Clearwater Turkey Trot -$ 64,500$ -$ 64,500$ City Co-sponsored Event produced by others4 Clearwater Jazz Holiday -$ 62,820$ 10,000$ 72,820$ 5 SALSA at the District -$ 9,240$ 470$ 9,710$ 6 Clearwater Run Festival -$ -$ -$ -$ 7Pier 60 Sugar Sand Festival-$ 124,440$ 17,830$ 142,270$ 8Clearwater Offshore Nationals-$ 21,150$ 1,910$ 23,060$ Grand Total Requests for FY 25/26 -$ 482,380$ 32,010$ 514,390$ Overall Program Budget Reduction for FY 2025/26 237,710$ City Event produced by Parks & Recreation Department1Clearwater Sea-Blues Festival110,010$ 860$ 110,870$ 2 Clearwater Celebrates America 133,910$ 3,630$ 137,540$ City Co-sponsored Event produced by others3 Clearwater Jazz Holiday 75,000 69,840$ 3,630$ 148,470$ 4 Hispanic Heritage Concert20,600$ -$ 20,600$ 5 SALSA at the District8,590$ 330$ 8,920$ 6 Veteran's Alliance Veteran's Day Event 31,280$ 760$ 32,040$ 7 Tampa Bay Turkey Trot64,500$ -$ 64,500$ 8 Clearwater Run Festival24,690$ -$ 24,690$ 9Pier 60 Sugar Sand Festival114,340$ 29,290$ 143,630$ 10Veteran's Alliance Memorial Day Event31,280$ 760$ 32,040$ 11X Insurance Offshore Nationals28,800$ -$ 28,800$ Grand Total Requests for FY 24/25 75,000$ 637,840$ 39,260$ 752,100$ Special Events Budget Estimates FY 2025-26 Requested CASH & SERVICESGrand TotalsCITY EVENTS, ANNUAL General fundCash Request Enterprise fund Grand Total Requested Enterprise fund Grand Total Requested Special Events Budget Estimates FY 2024-25 Requested CASH & SERVICESGrand TotalsCITY EVENTS, ANNUAL Cash Request General fund Fire EMS Public Comm. Traffic Eng. City Event produced by Parks & Recreation Department 1 Clearwater Sea-Blues Festival Feb/Mar -$ $ - 50,500$ 17,700$ 7,540$ 360$ 110$ 1,100$ $ 77,310 2 Clearwater Celebrates America July -$ -$ 75,500$ 38,800$ 7,550$ 960$ 110$ -$ $ 122,920 3 Clearwater Turkey Trot Nov.-$ -$ 4,000$ 60,500$ -$ -$ -$ -$ $ 64,500 City Co-sponsored Event produced by others 4 Clearwater Jazz Holiday Oct.-$ -$ $ 10,500 36,000$ 13,850$ 2,400$ 70$ -$ $ 62,820 5 SALSA at the District Oct.-$ -$ 2,000$ 3,500$ 1,820$ 640$ 70$ 1,210$ $ 9,240 6 Clearwater Run Festival Jan -$ -$ -$ -$ -$ -$ -$ -$ $ - 7 Pier 60 Sugar Sand Festival Mar/Apr -$ 34,000$ 54,860$ 34,300$ -$ -$ 70$ 1,210$ $ 124,440 8 Clearwater Offshore Nationals Sept -$ -$ 1,500$ 17,000$ 2,580$ -$ 70$ -$ $ 21,150 General fund department requests -$ 34,000$ 198,860$ 207,800$ 33,340$ 4,360$ 500$ 3,520$ 482,380$ Fire EMS Public Comm. Traffic Eng. City Event produced by Parks & Recreation Department 1 Clearwater Sea-Blues Festival Feb/Mar -$ $ - 50,500$ 44,000$ 11,550$ 2,750$ 110$ 1,100$ $ 110,010 2 Clearwater Celebrates America July -$ -$ 75,500$ 44,000$ 11,550$ 2,750$ 110$ -$ $ 133,910 City Co-sponsored Event produced by others 3 Clearwater Jazz Holiday Oct.75,000$ -$ $ 85,500 33,250$ 24,200$ 1,820$ 70$ -$ $ 144,840 4 Hispanic Heritage Concert Oct.-$ -$ $ 15,500 5,100$ -$ -$ -$ -$ $ 20,600 5 SALSA at the District Oct.-$ -$ 2,000$ 3,490$ 1,820$ -$ 70$ 1,210$ $ 8,590 6 Veteran's Alliance Veteran's Day Event Nov.-$ -$ 9,300$ 16,250$ 2,200$ 1,750$ 80$ 1,700$ $ 31,280 7 Tampa Bay Turkey Trot Nov.-$ -$ 4,000$ 60,500$ -$ -$ -$ -$ $ 64,500 8 Clearwater Run Festival Jan -$ -$ 3,000$ 21,690$ -$ -$ -$ -$ $ 24,690 9 Pier 60 Sugar Sand Festival Mar/Apr -$ 34,000$ 54,860$ 24,200$ -$ -$ 70$ 1,210$ $ 114,340 10 Veteran's Alliance Memorial Day Event may -$ -$ 9,300$ 16,250$ 2,200$ 1,750$ 80$ 1,700$ $ 31,280 11 X Insurance Offshore Nationals Sept -$ -$ 1,500$ 18,150$ 9,080$ -$ 70$ -$ $ 28,800 General fund department requests 75,000$ 34,000$ 310,960$ 286,880$ 62,600$ 10,820$ 660$ 6,920$ 712,840$ Police Life Safety & Inspect. Sub-Total Gen. Fund FY 2024-25 General Fund Requests Estimated GENERAL FUND DEPARTMENTS CITY EVENTS, ANNUAL Month held Cash Request Bldg. & Maint. Parks & Rec. Special Events Budget Estimates Special Events Budget Estimates Estimated GENERAL FUND DEPARTMENTS CITY EVENTS, ANNUAL Month held Cash Request Bldg. & Maint. Parks & Rec. Police Life Safety & Inspect. Sub-Total Gen. Fund FY 2025-26 General Fund Requests City Event produced by Parks & Recreation Department 1 Clearwater Sea-Blues Festival Feb/Mar $ - $ - $ - $ - $ 840 840$ 2 Clearwater Celebrates America July 330$ -$ -$ -$ 630$ 960$ 3 Clearwater Turkey Trot Nov.-$ -$ -$ -$ -$ -$ City Co-sponsored Event produced by others 4 Clearwater Jazz Holiday Oct.7,000$ -$ -$ -$ 3,000$ 10,000$ 5 SALSA at the District Oct/Nov 250$ -$ -$ -$ 220$ 470$ 6 Clearwater Run Festival Jan -$ -$ -$ -$ -$ -$ 7 Pier 60 Sugar Sand Festival Mar/Apr 830$ -$ -$ -$ 17,000$ 17,830$ 8 Clearwater Offshore Nationals Sept 1,380$ -$ -$ -$ 530$ 1,910$ Enterprise Fund Total 9,790$ -$ -$ -$ 22,220$ 32,010$ City Event produced by Parks & Recreation Department 1 Clearwater Sea-Blues Festival Feb/Mar $ 550 $ - $ - $ - $ 310 860$ 2 Clearwater Celebrates America July 3,630$ -$ -$ -$ -$ 3,630$ City Co-sponsored Event produced by others 3 Clearwater Jazz Holiday Oct.3,630$ -$ -$ -$ -$ 3,630$ 4 Hispanic Heritage Concert Oct.-$ -$ -$ 5 SALSA at the District Oct.110$ -$ -$ -$ 220$ 330$ 6 Veteran's Alliance Veteran's Day Event Nov.380$ -$ -$ -$ 380$ 760$ 7 Tampa Bay Turkey Trot Nov.-$ $ - -$ -$ -$ -$ 8 Clearwater Run Festival Jan -$ -$ -$ -$ -$ -$ 9 Pier 60 Sugar Sand Festival Mar/Apr 3,030$ -$ -$ -$ 26,260$ 29,290$ 10 Veteran's Alliance Memorial Day Event may 380$ -$ -$ -$ 380$ 760$ 11 X Insurance Offshore Nationals Sept -$ -$ -$ -$ -$ -$ Enterprise Fund Total 11,710$ -$ -$ -$ 27,550$ 39,260$ Sub-Total Enterprise funds ENTERPRISE FUND DEPARTMENTS CITY EVENTS, ANNUAL Month held Solid Waste Gas Marine Clw Harbor Marina Parking Special Events Budget Estimates FY 2024-25 Enterprise Fund Requests Special Events Budget Estimates FY 2025-26 Enterprise Fund Requests ENTERPRISE FUND DEPARTMENTS CITY EVENTS, ANNUAL Month held Solid Waste Gas Marine Clw Harbor Marina Parking Sub-Total Enterprise funds City Co-sponsored Event produced by others 1 Community Family Fun Night 10,000$ Q1 43%Buc Field (Oct 24); Actual 2 Festival of Trees 20,000$ Q1 38%Long Center (Nov 24); Actual 3 ReliaQuest Beach Bowl Day 20,000$ Q1 24%Clearwater Beach (Dec 24); Actual 4 Light it Up Clearwater 5,000$ Q2 22%Sand Key Park (Dec 24); Actual 5 5 de Mayo Taco Fest 10,000$ Q2 46%Coachman Park (May 25); projected 6 12 Days of Christmas- Making Spirits Bright Parade 2,500$ Q2 46%Clearwater Beach (Dec 24); Actual 7 MLK Jr. Celebration & March 7,500$ Q2 100%Coachman Park/N. Greenwood Rec Center (Jan 25)- Acutal (Breakfast/Partial Rally) 8 Look Up Clearwater 6,750$ Q3 29%Coachman Park (May 25); projected 9 Suncoast Hospice Beach Stroll 1,000$ Q3 11%Clearwater Beach (May 25); projected 10 Make a DIfference Fishing Tournament- Kids 6,500$ Q1 0% Cancelled due to Hurricane; approved for $6,500; Pier 60 (Oct 24) 11 Make a Difference Fishing Tournament- Adults 6,500$ Q1 0% Cancelled due to Hurricane; approved for $6,500; Pier 60 (Sept 25) Grand Total ACTUAL for FY 24/25 95,750$ Community Event Co-sponsorship Program CITY EVENTS, ANNUAL General fund NOTES FY 24/25 Quarter Applied/Reviewed % of Actual or Projected Expenses Special Event Co-Sponsorship Agreement Coversheet Please read this sheet in its entirety prior to executing the attached agreement. 1. The PRESIDENT, CHAIR, or CEO of the entity must fully execute (including his/her corporate title) the Co-Sponsorship Agreement. 2. The PRESIDENT, CHAIR, or CEO’s corporate title must be reflected in the corporate filing on record with the State of Florida Secretary of State. 3. If the person signing the document is NOT the PRESIDENT, CHAIR, or CEO of the entity, that person must provide proof of signature authority in the form of a corporate resolution or other document deemed acceptable by the City. 4. The Co-Sponsorship Agreement contains an ESTIMATE of the costs of City services. The entity will be invoiced for the ACTUAL costs of City services after the event for any services rendered outside of what is provided in the signed agreement. In you have any questions, please contact program administrator at 727-444-8324. City of Clearwater Special Event Co-Sponsorship Agreement THIS AGREEMENT is made and entered into on this _____ day of __________, _____, by and between the CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation, P.O. Box 4748, Clearwater, Florida 33758-4748, and the <Name of Organization>, <Address>. WHEREAS the City wishes to promote recreation and leisure activities within the City; WHEREAS the Promoter desires to produce the event described in the Co-Sponsored Event Application, completed and signed by the Promoter; WHEREAS, the City Council has designated the following described event as a Co-Sponsored Event based on the criteria outlined in the Community Event Co-Sponsorship Program. 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. SPONSORSHIP. The Promoter shall produce the <Name of Event> event to be held at <Location> on <Date>. This Co-Sponsorship agreement is not associated with the special event application, submission, checklist items, nor anything related to the event being approved through existing City of Clearwater Special event processes. The Promoter shall use the name and approved logo of the City of Clearwater as a named sponsor of the Event on all produced promotional materials. 2. CITY SERVICES AND CONTRIBUTIONS. The City’s co-sponsorship of the Event will only include the terms and conditions included in this Agreement, which may include direct funding and/or in-kind services, or equipment provided by City staff. In-kind equipment may be invoiced per City of department policy based on item “value”/staff time. The itemized list of City contributions is set forth in Exhibit A. The Parks & Recreation Equipment request list is required as part of the application to qualify for “In-Kind” equipment support. Cash contributions provided by the City may not be used toward certain event expenses. The Promoter is responsible for verifying if an item may be paid for using City funding. Examples of prohibited items include, but are not limited to Illegal Products, Alcohol, firearms, weapons, or tobacco products (including state permitting fees and liquor liability insurance), taxes, event insurance, photographer, videographer, facility maintenance, event staff fees, petting zoos, gift cards and/or cash giveaways, or registration or ticketing software fees. 3. PROMOTER COSTS AND CONTRIBUTIONS. The City will provide a cash contribution in an amount determined by City Staff based on the program procedures and policies and as outlined in this agreement. If pertinent event details are not provided within a reasonable amount of time the City reserves the right to estimate costs based on industry standards and staff recommendations. A check will be provided in advance of event to help support the event. No additional cash funds will be provided once processed. Cash contributions are not allocated for every event. An invoice on organization letterhead with the event number, date, and name will need to be submitted in the approved amount to receive cash contribution. At the conclusion of the event a post event survey is due within 30 days, and an itemized financial report will be required within 60 days. All City departments will invoice the organization for City services which must be paid within the timeframe required on the invoice. 4. LEVEL OF CO-SPONSORSHIP: This co-sponsorship is not intended to cover all event expenses. All event expenses must be paid by Promotor. The level of co-sponsorship from the City will vary from event to event based on a number of factors such as anticipated attendance, venue, and event details. 5. TERMINATION. The City may terminate this Agreement and cancel the event at any time if the promotor fails to pay the amounts due to the City or provide insurance required by the City. 6. APPLICABLE LAW & VENUE. The Parties agree that this Agreement shall be interpreted under the laws of the State of Florida. The venue for any proceeding or suit in law or equity arising from or incident to this Agreement will be in Pinellas County, Florida. 7. COMPLIANCE WITH STATE, FEDERAL, LOCAL LAWS AND PERMITTING REQUIREMENTS. The Promoter shall comply with all applicable state, federal, and local laws. The Promoter shall also comply with all requirements set forth in the Co-Sponsored Event Application and all applicable City policies, rules, and procedures. All applicable permits and licenses must be obtained. Proof of such must be provided to the City prior to the Event. The Promoter shall bear all costs associated with required permits or licenses unless stated otherwise in this Agreement. a. If the promoter is using the BayCare Sound the Promoter agrees to comply with all laws and regulations the City is obligated to abide by as a government entity including but not limited to the Promoter will not implement or enforce any rules that violate a citizen’s constitutional rights. 8. INSURANCE. The Promoter shall, at its own cost and expense, acquire and maintain during the duration of the Event, sufficient insurance, or self-insurance, to adequately protect the respective interest of the Parties. The coverages and policy limits required by the City are outlined on the city Special Event website. The Promoter shall provide the City with a certificate of insurance that meets all necessary requirements as determined by staff at least fifteen (15) days prior to the Event. If alcohol is present as part of the event the Promoter shall be required to obtain liquor liability insurance naming the City as additionally insured with coverages and policy limits as required by the City for the Event. The Promoter will provide the City with a copy of its current license to sell alcoholic beverages issued by the State of Florida Division of Alcoholic Beverages and Tobacco. This is required whether alcohol will be sold, served, and/or consumed on city property. A valid Certificate of Insurance and W-9 form that meets all necessary requirements must be submitted at same time as invoice, but not less than fifteen (15) days prior to the Event date to receive cash contribution. 9. INDEMNIFICATION. The Promoter agrees that it will indemnify and hold harmless the City, its officers and employees from all liabilities, claims, demands, damages, losses, and costs to the extent caused by the Promoter, its officers, employees, volunteers, or agents, or due to any unsafe condition caused by the Promoter, its officers, employees, volunteers, or agents. 10. RIGHT TO SUSPEND. The City reserves the right to immediately suspend this Agreement, including the Promoter’s right to produce the Event and the City’s commitment to provide City services, by giving verbal notice (followed by written notice within a reasonable time) if a state of emergency has been declared by the federal, state, or local government, or the City Manager determines that such a suspension is necessary to protect the public health, safety, or welfare. 11. FUTURE EVENTS. The City, in its sole discretion, shall have the right to withhold co- sponsorship of future events held by the Promoter or any of the principals of the Promoter if a) the Promoter fails to comply with any provision of this Agreement; b) any outstanding balance for City Services or for damage/destruction of City property has not been paid 30 days after the date of invoice; or c) the City is in litigation with the Promoter or any of the principals of the Promoter. 12. DAMAGE TO CITY PROPERTY. In the event any City property is damaged while the premises is under the control of the Promoter, the City will invoice the Promoter for the actual costs and labor, if applicable, to repair or replace the damaged property, and the Promoter shall pay that invoice within 30 days after the date of the invoice. 13. NON-DISCRIMINATION. The Promoter shall not discriminate against any person on the basis of race, color, religion, gender, national origin, marital status, age, disability, sexual orientation, genetic information or any other protected class during the organizing, planning, or production of the Event. 14. BOOKS, RECORDS, FINANCIAL STATEMENTS. The Promoter shall provide an itemized financial statement of expenditures and revenue from the Event to the City 60 days after the conclusion of the Event. The Promoter shall maintain books and financial records of the Event for a period of five (5) years from the date of the Event, and at the City’s sole option, permit the City to audit the Promoter’s books and financial records of the Event at a mutually agreeable time and location. 15. FUTURE CO-SPONSORSHIP. The Promoter shall provide all required documents, pay all invoices, and complete the post event survey within the timeframe specified in this agreement to be eligible for future co-sponsorship. In addition, Promoter must adhere to all park rules, and City policies to remain in good standing with the City of Clearwater. 16. EVENT CANCELLATION. In the event of cancellation due to unforeseen circumstances, such as inclement weather, the Promoter must reschedule the event within 6 months of the original event date. If a reschedule date is not available, or the Promoter chooses not to reschedule, all monies provided by the City must be reimbursed by the Promoter to the City within 10 business days of the cancellation date. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first written. _______________________________________ [NAME OF PROMOTER By: ______________________________ Print Name: ____________________ Title: __________________________ WITNESS: By: ______________________________ Print Name: ____________________ Countersigned: CITY OF CLEARWATER ______________________________ Kader, Art Parks & Recreation Director “EXHIBIT A” City of Clearwater Sponsorship Item Quantity City Cash Contribution to Promoter $XXX Parks & Recreation In-Kind Services Qualifying events are eligible to request waiving of certain fees, such as venue and special event application fees managed by the Parks & Recreation Department. If available and applicable, department equipment and staff fees will apply. Public Communications In-Kind Services If we have submitted your special event application AND been approved with a co-sponsorship application, we will work with you to ensure details are included when able to do so. Social Media Posts: Share posts and content generated by event organizer and reminders on social media platforms. Event webpage: Develop an event webpage on the city's website with information about the event. Citywide e-newsletter: Include event title and date in the upcoming events section. City Print Publications: Include event listing in MyClearwater Magazine and Sunshine Lines Utility Bills Stuffer when space is available and if deadline can be met. Post-Event Photo Recap: City will post event recap on social media with photos or video provided by event organizer post-event. High Impact Special Event Co-Sponsorship Agreement Coversheet Please read this sheet in its entirety prior to executing the attached agreement. 1. The PRESIDENT, CHAIR, or CEO of the entity must fully execute (including his/her corporate title) the Co-Sponsorship Agreement. 2. The PRESIDENT, CHAIR, or CEO’s corporate title must be reflected in the corporate filing on record with the State of Florida Secretary of State. 3. If the person signing the document is NOT the PRESIDENT, CHAIR, or CEO of the entity, that person must provide proof of signature authority in the form of a corporate resolution or other document deemed acceptable by the City. 4. The Co-Sponsorship Agreement contains an ESTIMATE of the costs of City services. The entity will be invoiced for the ACTUAL costs of City services after the event for any services rendered outside of what is provided in the signed agreement. In you have any questions, please contact program administrator at 727-444-8324. City of Clearwater High Impact Special Event Co-Sponsorship Agreement THIS AGREEMENT is made and entered into on this _____ day of __________, _____, by and between the CITY OF CLEARWATER (“City”), FLORIDA, a Florida Municipal Corporation, P.O. Box 4748, Clearwater, Florida 33758-4748, and <Name of Organization>, <Address>. WHEREAS, the City wishes to promote recreation and leisure activities within the City; WHEREAS, the Promoter desires to produce the event described in the Co-Sponsored Event Application, completed, and signed by the Promoter; WHEREAS, the City Council has designated the following described event as a High Impact Co-Sponsored Event. 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. SPONSORSHIP. The Promoter shall produce the <Name of Event> event to be held at <Location of Event> in Clearwater on <Dates of Event>. This Co-Sponsorship agreement is not associated with the special event application, submission, checklist items, nor anything related to the event being approved through existing City of Clearwater Special event processes. The Promoter shall use the name and approved logo of the City of Clearwater as a named sponsor of the Event on any and all produced promotional materials. 2. CITY SERVICES AND CONTRIBUTIONS. The City’s co-sponsorship of the Event will only include the terms and conditions included in this Agreement, which includes in-kind city services and equipment provided by City staff only. The figures are estimates and reflect both hours of labor as well as any estimated materials cost provided. The itemized list of City services and contributions is set forth in Exhibit A. 3. PROMOTER COSTS AND CONTRIBUTIONS. The city will cover in-kind expenses up to the amount approved by city council for the designated event based on event details provided by the Promoter via the Co-Sponsorship Application. If event details are not provided within a reasonable amount of time the city reserves the right to estimate costs based on industry standards and staff recommendations. There will be no exchange of monies between the City and the Promoter unless additional fees apply. If in-kind services provided by the city exceed the amount approved by city council, the Promoter will be responsible for paying the difference. Any invoices received from the city of Clearwater must be paid within the time frame allocated on the invoice to remain in good standing with the city and be eligible for future co-sponsorship, if applicable. Race organizers will be required to pay a .25 per runner/walker post-race fee regardless in level of co- sponsorship. See exhibit B for additional details. 4. LEVEL OF CO-SPONSORSHIP: This co-sponsorship is not intended to cover all event expenses. All event expenses must be paid by Promoter. The level of co-sponsorship from the city will vary from event to event based on a number of factors such as anticipated attendance, venue, and event details. 5. TERMINATION. The City may terminate this Agreement and cancel the event at any time if the promoter fails to pay the amounts due to the City or provide insurance required by the City. 6. APPLICABLE LAW & VENUE. The Parties agree that this Agreement shall be interpreted under the laws of the State of Florida. The venue for any proceeding or suit in law or equity arising from or incident to this Agreement will be in Pinellas County, Florida. 7. COMPLIANCE WITH STATE, FEDERAL, LOCAL LAWS AND PERMITTING REQUIREMENTS. The Promoter shall comply with all applicable state, federal, and local laws. The Promoter shall also comply with all requirements set forth in the Co-Sponsored Event Application and all applicable City policies, rules, and procedures. All applicable permits and licenses must be obtained. Proof of such must be provided to the City prior to the Event. The Promoter shall bear all costs associated with required permits or licenses unless stated otherwise in this Agreement. a. If the Promoter is using the BayCare Sound the Promoter agrees to comply with all laws and regulations the City is obligated to abide by as a government entity including but not limited to the Promoter will not implement or enforce any rules that violate a citizen's constitutional rights. 8. INSURANCE. The Promoter shall, at its own cost and expense, acquire and maintain during the duration of the Event, sufficient insurance, or self-insurance, to adequately protect the respective interest of the Parties. The coverages and policy limits required by the City are outlined on the city Special Event website. The Promoter shall provide the City with a certificate of insurance that meets all necessary requirements as determined by staff at least fifteen (15) days prior to the Event. If alcohol is present as part of the event the Promoter shall be required to obtain liquor liability insurance naming the City as additionally insured with coverages and policy limits as required by the City for the Event. The Promoter will provide the City with a copy of its current license to sell alcoholic beverages issued by the State of Florida Division of Alcoholic Beverages and Tobacco. This is required whether alcohol will be sold, served and/or consumed on city property. 9. INDEMNIFICATION. The Promoter agrees that it will indemnify and hold harmless the City, its officers and employees from all liabilities, claims, demands, damages, losses, and costs to the extent caused by the Promoter, its officers, employees, volunteers, or agents, or due to any unsafe condition caused by the Promoter, its officers, employees, volunteers, or agents. 10. RIGHT TO SUSPEND. The City reserves the right to immediately suspend this Agreement, including the Promoter’s right to produce the Event and the City’s commitment to provide City services, by giving verbal notice (followed by written notice within a reasonable time) if a state of emergency has been declared by the federal, state, or local government, or the City Manager determines that such a suspension is necessary to protect the public health, safety, or welfare. 11. FUTURE EVENTS. The City, in its sole discretion, shall have the right to withhold co- sponsorship of future events held by the Promoter or any of the principals of the Promoter if a) the Promoter fails to comply with any provision of this Agreement; b) any outstanding balance for City Services or for damage/destruction of City property has not been paid 30 days after the date of invoice; or c) the City is in litigation with the Promoter or any of the principals of the Promoter. 12. DAMAGE TO CITY PROPERTY. In the event any City property is damaged while the premises is under the control of the Promoter, the City will invoice the Promoter for the actual costs and labor, if applicable, to repair or replace the damaged property, and the Promoter shall pay that invoice within 30 days after the date of the invoice. 13. NON-DISCRIMINATION. The Promoter shall not discriminate against any person on the basis of race, color, religion, gender, national origin, marital status, age, disability, sexual orientation, genetic information or any other protected class during the organizing, planning, or production of the Event. 14. BOOKS, RECORDS, FINANCIAL STATEMENTS. The Promoter shall provide an itemized financial statement of expenditures and revenue from the Event to the City 15 days after the conclusion of the Event. The Promoter shall maintain books and financial records of the Event for a period of five (5) years from the date of the Event, and at the City’s sole option, permit the City to audit the Promoter’s books and financial records of the Event at a mutually agreeable time and location. 15. FUTURE CO-SPONSORSHIP. The Promoter shall provide all required documents, pay all invoices, and complete post event survey within 30 days to be eligible for future co- sponsorship. In addition, promoter must adhere to all park rules, and city policies to remain in good standing with the city of Clearwater. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first written. _______________________________________ [NAME OF PROMOTER] By: ______________________________ Print Name: ____________________ Title: __________________________ WITNESS: By: ______________________________ Print Name: ____________________ Countersigned: CITY OF CLEARWATER ______________________________ Kader Art Parks & Recreation Director “EXHIBIT A” City of Clearwater Sponsorship Item Quantity Parks and Recreation $ XXX Clearwater Fire (EMS & Life & Safety/Inspection) $ XXX Clearwater Police $ XXX Solid Waste $ XXX Parking $ XXX TOTAL ESTIMATED LEVEL OF CO-SPONSORSHIP (Maximum)- City Services $XXX Public Communications In-Kind Services If you have submitted your special event application AND been approved with a co-sponsorship application, we will work with you to ensure details are included when able to do so. Social Media Posts: Regularly post updates and announcements about the event on the city's social media channels. Event organizer to provide content, imagery and branding guidelines. Press Release: Distribute a press release provided by event organizer to local media outlets to generate media coverage. Community Groups: Provide information to relevant community groups that the city has an existing relationship, neighborhood coordinator and employees who have significant interactions with the public. Event Webpage: Develop an event webpage on the city's website. Citywide E-Newsletter: Include event title, date and details in the regular citywide newsletter. City Print Publications: Include event listing in MyClearwater Magazine and Sunshine Lines Utility Bills Stuffer when space is available. Digital Displays: For events occurring in Coachman Park, add image to digital displays. When appropriate, add event photo to council slideshow. Social Media Digital Ads: If appropriate and available, invest in targeted digital advertising on social media platforms to reach a wider audience per council approved co-sponsorship request document. Departments may provide additional funds and they shall be reported to the Special Events department. Event Photography: If appropriate and available, capture high-quality photos of the event for promotional purposes and documentation via city or hired photographer. Standby PIO for emergencies: If appropriate and available, assign a Public Information Officer to be available during the event for any emergencies or media inquiries. Autodialer: If appropriate, send out automated calls to residents and businesses to inform them about the event impact. Note, this is not a promotional call. Post-Event Photo Recap: If appropriate and available, city will post event recap on social media with photos or video. “EXHIBIT B” Promoter Contributions Media & Marketing • Logos in promotional spots as part of <Name of Event> media sponsorships, including TV, Broadcast, digital, daily and weekly print, as determined by <Name of Event> media buy. • Official Designation Status: “In Partnership With”. • Prominent Placement of City of Clearwater logo on event posters/banners • Approved city logo representation on event and organization website/social media pages • Presence at the event o PA announcements drawing attention to Sponsor’s participation. Other • <Event Tickets Type and Quantity>, if applicable, for city officials to be provided to Program Administrator for distribution • Organizer will provide the value per ticket to the Parks & Recreation Department at time of ticket distribution for tax reporting purposes. High Impact Co-Sponsorship Event Details 1. October 2025 Clearwater Jazz Holiday The Clearwater Jazz Holiday is a long-standing Clearwater tradition celebrating over 40 years. The overall festival includes both ticketed events with national touring musicians and free community stages. The Clearwater Jazz Holiday Foundation uses funds raised to support community programming throughout the year. The Foundation values education and outreach showcasing those elements of the organization throughout the entire four-day festival. 2. November 2025 Salsa at The District Salsa at The District is an event held on Cleveland Street with the sounds of Latin music and dancers. Live music, DJs, and more create an environment that draws thousands of fans. The event dates will shift to the first weekend in November with a theme to coincide with Halloween. 3. November 2025 Clearwater Turkey Trot The Clearwater Turkey Trot has been a staple for the Clearwater community for over 35 years. This event includes a pre-race celebration on Wednesday, and a 5K and 1-mile family run/walk on Thanksgiving morning. Over 10,000 people from Clearwater and surrounding communities participate in this tradition every year. 4. January 2026 Clearwater Marathon & Running Festival The Clearwater Marathon & Running Festival is an event that attracts visitors and residents to the beach to enjoy the beauty of our area while participating in an event that promotes health and wellness. The course traditionally circles through three bridges (Belleair / Sand Key / Clearwater Memorial) and includes multiple options including: A kids run/walk, a 5k, 13.1-mile, 26.2 mile, or an ultra 50k race. 5. February/March 2026 Clearwater Sea-Blues Festival The Clearwater Sea-Blues Festival, launched by the City of Clearwater in 2007, has grown into one of the most established and well attended blues music festivals in the state. This traditionally free, non-ticketed event draws visitors from across the country. 6. March/April 2026 Pier60 Sugar Sand Festival The Pier60 Sugar Sand Festival just celebrated their 11h year in 2024 and showcases our beach to a national audience. The event attracts visitors from across the world and offers incredible value for our residents. The festival is a 17-day event that showcases art, culture, and entertainment. Multiple concerts, fireworks, games, contests, and VIP areas all surround the huge sand sculpture tent. While the exhibit itself carries a modest $12 per ticket cost there are multiple free events available throughout the festival. Revenues generated by this event go towards sustaining the nightly Sunsets at Pier 60 Festival which, in turn, also includes a variety of activities, vendors, and performances. 7. July 2026 Clearwater Celebrates America Clearwater Celebrates America is a patriotic celebration of the Nation’s Independence Day on the 4th of July. This long-standing event is one of Clearwater’s most beloved outdoor events. The annual celebration includes local vendors, buskers, entertainers, DJs, and capped, as the day comes to a close, by a stunning (one of the largest in the State) fireworks display accompanied by Coachman Pops all within Coachman Park. An after party will take place in the BayCare Sound featuring a Silent Disco, and other activates. 8. September 2026 Clearwater Off-Shore Nationals The Clearwater Offshore Nationals is an event off the coast of Clearwater Beach that has thrilled and entertained spectators for over a decade. This is a professional Offshore Boat racing event that brings in impressive race teams and thousands of fans as well as national television coverage showing off Clearwater at its best. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#25-0361 Agenda Date: 5/15/2025 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 6.2 SUBJECT/RECOMMENDATION: Approve a First Amendment to an Agreement between Boys and Girls Clubs of the Suncoast, Inc. (Agency), and the City of Clearwater to change the name from Boys and Girls Clubs of the Suncoast, Inc. to the Boys and Girls Club of Greater Tampa Bay and change the address from 2300 Tall Pines Drive, Suite 150, Largo, FL 33771 to 1307 N. MacDill Avenue Tampa, FL 33607, and authorize the appropriate officials to execute same. (consent) SUMMARY: On December 1, 2007, the Council approved a five year-year Agreement with up to three, five-year extensions between the Agency and the City for the provision of certain desirable activities at the Wood Valley Park. The agreement is currently in the last of its three, five-year extensions and will end in 2027. Over the past 17 years the Agency faithfully complied with all requirements of the agreement and has provided various activities to build and foster the confidence, educational, recreational and social skills and good habits in young people, adults and families. The Boys and Girls Clubs of the Suncoast, Inc. has recently merged with the Boys and Girls Club of Tampa Bay to form a new organization called the Boys & Girls Club of Greater Tampa Bay. The City has determined that the proposed amendment providing for the name and address changes are appropriate. Staff recommends amending the current agreement as proposed. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A STRATEGIC PRIORITY: Approval of the proposed agreement amendment supports several Strategic Plan Objectives, including: ·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. ·2.1: Strengthen public-private initiatives that attract, develop, and retain diversified business sectors. ·2.5: Facilitate partnerships with educational and research institutions to strengthen workforce development opportunities. ·3.1: Support neighborhood identity through services and programs that empower community pride and belonging. ·3.4: Inspire citizen participation through civic engagement and volunteerism to build strong, inclusive, and engaged communities. Page 1 City of Clearwater Printed on 5/13/2025 AGREEMENT This Partnership and Operational Support Agreement is made and entered into between the City of Clearwater, whose address is: Attn: Parks and Recreation Director, Post Office Box 4748, Clearwater, FL 33758-4748, hereinafter referred to as the City, and Boys and Girls Clubs of the Suncoast, Inc., whose address is: 2300 Tall Pines Drive, Suite 150, Largo, FL 33771, hereinafter referred to as the Agency. WHEREAS, it has been determined to be highly desirable and socially responsible to provide activities to build and foster the confidence, educational, recreational and social skills and good habits in young people, adults and families; and WHEREAS, the City desires to provide recreation programs and activities as a means to help young people, adults and families; and WHEREAS, the City owns the Wood Valley Recreation Center Building, hereinafter referred to as the Facility, located at 2816 Park Trail Lane and WHEREAS, the Agency has provided said programs and activities at the Facility for the past five (5) years and desires to continue offering recreational programs at the Facility; and WHEREAS, the Agency desires to continue to partner with the City in providing recreational programs; and NOW, THERFORE, the parties agree as follows: ARTICLE I. TERM 1) Initial Term: The term of this agreement shall be for a period oftive (5) years commencing on the 1st day ofDecember, 2007 ("Effective Date") and continuing through the 30th day of November, 2012 ("Termination Date ") unless earlier terminated under the terms ofthis agreement. 2) Options to Renew: This agreement may be extended by mutual written agreement ofthe parties for three (3) additional periods of five (5) years, on the same terms and conditions as are set forth herein. ARTICLE II. RESPONSffilLITIES OF THE AGENCY 1) Services to be Provided: One of the Agency's goals shall be to provide quality programs and services at the Facility. a) Programs: Conduct educational, recreational, cultural and motivational programs at the Facility for the benefit of neighborhood and Clearwater area youth, adults, and families. Some ofthe core programs to be provided are as follows: i) Recreation programs ii) Open center hours for free play iii) Organized games, playtime and intramurals iv) Child development activities v) Facilitation and support ofcommunity meetings and activities vi) Educational classes vii) Facilitation and support for use ofthe Facility as a voting site b) Assistance to the City: Provide Agency personnel and volunteers to operate and supervise activities and special programs at the Facility and other recreation facilities including the basketball courts, tennis courts, playground and ballfields. c) Supervision of Recreation Grounds: Supply the necessary leadership and supervision for the conduct of participants utilizing the recreation grounds adjacent to the Youth Center. d) Supervision of other Facilities: Monitor and schedule the use of other City facilities at Wood Valley Park ifneeded. e) City Use: Allow the City access to a dedicated room to provide a teen program. The Agency may request use of this room from the City when not in use by the City. 2) Area to be Served: Services rendered through this agreement shall be provided within the corporate limits of the City as it now exists and as its boundaries may be changed during he term of this agreement. The primary target participant group shall reside in areas of the City within a two-mile radius ofthe Facility. 3) Use of Wood Valley Recreation Center and Park: a) No Illegal Use. The Agency promises and agrees that they will make or allow no unlawful, improper or offensive use ofthe premises. Further, the Agency understands and agrees that this provision specifically prohibits, among other acts, the sale, consumption or use of alcoholic beverages or controlled substances anywhere in, on or around the Facility and those adjacent areas used by the Agency. b) Rules for Use. Rules and regulations governing the use of the Facility may be established by the Agency, providing they are not in conflict or inconsistent with the ordinances, policies or operating rules of the City or of this Agreement. Such rules and regulations developed by this Agency may provide for and allow user fees in accordance with City guidelines for such fees. c) Inspection by City. The Agency understands and agrees that the Facility premises may be entered and inspected at any time by the City's officers, agents and employees. The City shall notify the Agency at least 48 hours prior to any inspections. The City may 2 enter upon the premises immediately in case of an emergency as determined by the City in its sole discretion. d) General Adherence to Law/City Ordinances. Notwithstanding any limitations implied by the provisions above, the Agency promises to observe all applicable law including City ordinances. e) Signage. The Agency may place an identification sign on the Facility or in the park, at its own expense, according to City codes, and upon written approval from the City. t) Assignment/Sub-Lease. The Agency may not assign or sub-lease any portion of the rights and responsibilities under this Agreement without the prior written consent of the City. 4) Maintenance of the Premises by the Agency. a) Custodial Maintenance. The Agency shall maintain the Facility and adjacent areas used by the Agency in a clean and orderly condition, in accordance with standards implemented by the City for similar City facilities. b) Repair of Damage. The Agency understands and agrees that it is responsible for and will cause to be repaired at the Agency's expense damage to the premises other than normal wear and tear. 5) Payment for all operating expenses: The Agency is responsible to pay all operating expenses associated with the Facility including but not limited to electric, water, sewer, custodial, sanitation and building maintenance, other than capital maintenance as provided for under Article ill, Section 2(b) ofthis Agreement. 6) Payment of Fees and Taxes. The Agency shall obtain all required licenses at its own expense and shall pay all required taxes necessary to the Agency's operation at the Facility. 7) Scheduled Reports ofAgency Activities: a) The Agency shall furnish the City Parks and Recreation Department with an annual report of activities conducted under the provisions ofthis agreement within sixty days ofthe end ofthe Agency's fiscal year. Each report is to identify the number of clients served, the type of activities, programs offered and costs of such services. b) The Agency agrees to submit progress reports and other information in such format and at such times as may be prescribed by the City, and to cooperate in site visits and other on- site monitoring (including, but not limited to, access to sites, staff, fiscal and client records, and logs and the provision of related information). 8) Creation, Use, and Maintenance of Financial Records: 3 a) Creation of Records: Agency shall create and maintain financial and accounting records, books, documents, policies, practices, procedures and any information necessary to reflect fully the financial activities of the Agency. Such records shall be available and accessible at all times for inspection, review, or audit by authorized City representatives, and shall be made available and disclosed in accordance with Chapter 119, Florida Statutes or other applicable law. b) Use of Records: Agency shall produce such reports and analyses that may be required by the City to document the proper and prudent stewardship and use of the facilities. c) Maintenance of Records: All records created hereby are to be retained and maintained for a period not less than five (5) years or otherwise required by applicable law. 9) Non-discrimination: Notwithstanding any other provisions of this agreement during the term ofthis agreement, the Agency for itself, agents and representatives, as part ofthe consideration for this agreement, does covenant and agree that: a) Nondiscrimination: Agency agrees that no person shall, on the grounds of race, sex, handicap, national origin, religion, marital status or political belief, be excluded from participation in, denied the benefit(s) of, or be otherwise discriminated against as an employee, volunteer, or client of the provider, except that programs may designate services for specific client groups as defined in the application. Agency agrees to maintain reasonable access to handicapped persons as required by law. b) Inclusion in Subcontracts: The Agency agrees to include the requirement to adhere to Title VI and Title vn of the Civil Rights Act of 1964 in all approved sub-contracts. c) Breach ofNondiscrimination Covenants: In the event of conclusive evidence of a breach of any of the above non-discrimination covenants, the City shall have the right to terminate this agreement immediately. 10) Publicizing of City Support: Agency agrees to utilize every reasonable opportunity to publicize the support received from City. Agency further agrees to supply City up to three copies ofany publication developed in connection with implementation of programs addressed by this Agreement. Such publications will state that the program is supported by City. 11) Liability and Indemnification: The Agency shall act as an independent contractor and agrees to assume all risks of providing the program activities and services herein agreed and all liability therefore, and shall defend, indemnify, and hold harmless the City, its officers, agents, and employees from and against any and all claims ofloss, liability, and damages of whatever nature, to persons and property, including, without limiting the generality of the foregoing, death of any person and loss ofthe use of any property, except claims arising from the negligence or willful misconduct ofthe City or City's agents or employees. This includes, but is not limited to matters arising out of or claimed to have been caused by or in any manner related to the Agency's activities or those of any approved or unapproved invitee, 4 contractor, subcontractor, or other person approved, authorized, or permitted by the Agency in or about its premises whether or not based on negligence. Notwithstanding anything contained herein to the contrary, this indemnification provision shall not be construed as a waiver of any immunity to which City is entitled or the extent of any limitation of liability to pursuant to ~ 768.28, Florida Statutes. Furthermore, this provision is not intended to nor shall be interpreted as limiting or in any way affecting any defense City may have under ~ 768.28, Florida Statutes or the as the consent to be sued by third parties. 12) Insurance. The Agency shall procure at its expense and maintain during the term ofthis Agreement insurance as shown below: a) A Comprehensive General Liability policy with minimum coverage limits of $500,000, covering claims for injuries to persons or damage to property which may arise from or in connection with use of the Facility premises by the Agency including all activities occurring thereon. b) A Business Automobile Liability Policy with minimum coverage limits of $500,000, covering claims for injuries to persons or damage to property that arise from or in connection with use of a motor vehicle owned by the Agency. c) Except for worker's compensation, each insurance policy issued as a requirement ofthis Agreement shall name the City ofClearwater as an additional named insured. The coverage shall contain no special limitations on the scope ofprotection afforded to the City, its officials, employees, agents or volunteers. d) The Agency shall furnish the City with Certificate(s) of Insurance with all endorsements affecting coverage required by this section. These forms shall be received and approved by the Park and Recreation Director before execution of this Agreement by authorized City officials. e) Worker's Compensation: The Agency shall provide worker's compensation insurance for all their employees in an amount at least equal to the statutory limits of coverage according to applicable State and Federal laws. In addition, the policy shall include employer's liability coverage with a limit of $500,000 per occurrence. ARTICLE III. RESPONSmILITIES OF THE CITY 1. Grant of Funds. No funds will be provided by the City under the terms of this agreement. 2. Grant of In-Kind Services: a) The City agrees to provide lawn, landscape and ballfield maintenance for all areas in the park and around the Facility. 5 b) The City will provide maintenance for all major capital components of the building including air conditioners, roof, painting, plumbing, electrical, etc. c) The City agrees to maintain playground equipment and other outside facilities i.e. basketball court, tennis courts and ballfield. d) The City agrees to clean, maintain and staff the dedicated room to be used for a teen program. Iffor some reason funding cannot be secured by the City for staffing this program the dedicated space will be turned over to Agency to use for their programming purposes. tl _The City will not provide any other additional in kind services, supplies, labor or equipment whether on loan or for consumption to the Agency. l _The City will allow the Agency to use existing furnishings on site i.e. game tables, chairs, tables and desks. The Agency will be responsible for maintenance and replacement of items if needed. ARTICLE IV. DISCLAIMER OF WARRANTIES This agreement constitutes the entire agreement of the parties on the subject hereof and may not be changed, modified, or discharged except by written Amendment duly executed by both parties. No representations or warranties by either party shall be binding unless expressed herein or in a duly executed Amendment hereof. ARTICLE V. TERMINATION 1. For Cause: Failure to adhere to any of the provisions of this agreement as determined by the City in its sole discretion shall constitute cause for termination. Such termination shall be effective with 30 days written notice without any further obligation by City. 2. For Municipal Purpose: The City may terminate this agreement should the Facility be needed for any municipal purpose, by giving 90 days written notice. Such termination shall be effective immediately following the ninety (90) days. ARTICLE VI. NOTICE Any notice required or permitted to be given by the provisions ofthis agreement shall be conclusively deemed to have been received by a party hcrreto on the date it is hand-delivered to such party at the address indicated below (or at such other address as such party shall specify to the other party in writing), or if sent by registered or certified mail (postage prepaid), on the fifth 5th) business day after the day on which such notice is mailed and properly addressed. 1. If to City, addressed to Parks and Recreation Director, P.O Box 4748, Clearwater, FL 33758 6 2. Ifto Agency, addressed to Boys and Girls Clubs of the Suncoast, Inc., Executive Director, 2300 Tall Pines Drive, Suite 150, Largo, FL 33771. ARTICLE VII. EFFECTIVE DATE The effective date ofthis agreement shall be as of the first day of December, 2007. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this 19 day of 209f~ Countersigned:CITY OF CLEARWATER, FLORIDA AAAB, ~JI William B. Horne, IT City Manager A1t:;::~ Laura Lipowski Assistant City Attorney By:It ~~.,v? ~ Printed Name: 6p.r.L fl. Uk...,,,, J1I-- Executive Director .". BOYS AND GIRLS CLUBS OF THE SUNCOAST, INC. 7 FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT (the “Amendment”) is made and entered into on this ____ day of _______________, 2025, (“Effective Date”) by and between the City of Clearwater, Florida, a municipal corporation of the state of Florida, (“City”) and The Boys & Girls Clubs of Greater Tampa Bay, whose address is 1307 N. MacDill Avenue Tampa, FL 33607, (“Agency”) amending that certain Agreement between the parties dated effective December 1, 2007. WHEREAS, pursuant to the original Agreement, it was been determined to be highly desirable and socially responsible to provide activities to build and foster the confidence, educational, recreational and social skills and good habits in young people, adults and families; and WHEREAS, the Agency has been faithful to comply with all of the provisions of the Agreement; and WHEREAS, the City continues to desire to provide recreation programs and activities as a means to help young people, adults and families; and WHEREAS, the City owns the Wood Valley Recreation Center Building, hereinafter referred to as the Facility, located at 2816 Park Trail Lane; and WHEREAS, the Agency has provided said programs and activities at the Facility for the past 17 years and desires to continue offering recreational programs at the Facility; and WHEREAS, the Agency desires to continue to partner with the City in providing recreational programs; and WHEREAS, the Agency has merged with the Boys and Girls Club of Tampa Bay to form a new organization called The Boys & Girls Clubs of Greater Tampa Bay; and WHEREAS, the Agency’s address has also changed from 2300 Tall Pines Drive, Suite 150, Largo, FL 33771 to 1307 N. MacDill Avenue Tampa, FL 33607; and NOW THEREFORE, in consideration of the mutual covenants set forth herein, and other good and valuable consideration, the receipt of which are hereby acknowledged, the Parties agree as follows: 1) Recitals. The foregoing recitals are true and correct and are hereby incorporated in and form a part of this Amendment. 2) All references to the Boys and Girls Clubs of the Suncoast, Inc. shall be changed to, and incorporated hereafter by reference, The Boys & Girls Clubs of Greater Tampa Bay. 3) No other changes are proposed or implied. IN WITNESS WHEREOF, the parties have executed and delivered this Amendment the day and year first above written. Countersigned: CITY OF CLEARWATER, FLORIDA ___________________________ _________________________ Bruce Rector Jennifer Poirrier Mayor City Manager Approved as to form: Attest: ___________________________ _________________________ Melissa Isabel Rosemarie Call Assistant City Attorney City Clerk THE BOYS & GIRLS CLUBS OF GREATER TAMPA BAY _________________________ Freddy Williams President and CEO Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#25-0371 Agenda Date: 5/15/2025 Status: Consent AgendaVersion: 1 File Type: ReportIn Control: Public Works Agenda Number: 6.3 SUBJECT/RECOMMENDATION: Approve a Work Order to Moffatt and Nichol, of Tampa Bay, FL, under the continuing services contract, for the design and permitting of the Clearwater Harbor Marina North Basin Repair Project (23-0030-MA) in the amount of $145,904.00, pursuant to Request for Qualifications (RFQ) 34-23, Engineer of Record Consulting Services (EOR) and authorize the appropriate officials to execute same. (consent) SUMMARY: Moffatt & Nichol will provide design and engineering services for the repairs to the North Basin Marina (downtown boat slips) which sustained damage from Hurricanes Helene and Milton. The scope of work includes structural repairs to the floating attenuators, replacing the post tensioned cables along the shoreline walkway, replacement of five wave attenuators and removal of 3-20 in. square piles. Cables will be replaced adjacent to the 50 ft. long wave attenuators closest to Dock A and new utility lines (water, electric and fire systems) installed necessitated by the new the wave attenuators. The gangway, destroyed by a sailboat collision, will also be replaced. Design will take 12 months from notice to proceed. Engineering services during the construction phase are not included in this scope; those fees will be presented to City Council once the construction delivery method and estimated construction duration are confirmed. APPROPRIATION CODE AND AMOUNT: 3337333-546700-D2402 $145,904 Funding is available in Capital Improvement project D2402, Hurricane Helene, and FEMA reimbursement will be attempted. This project will be funded by revenues/reserves of the Clearwater Harbor Marina 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 1 City of Clearwater Printed on 5/13/2025 ATTACHMENT “A” CONSULTANT WORK ORDER – PROJECT FEES TABLE Harbor Marina North Basin Repair Design and Engineering Moffatt & Nichol 23-0030-MA City of Clearwater Consultant Work Order – Project Fees Table Page 1 of 9 Revised: 11/28/2022 CONSULTANT WORK ORDER Date: April 21, 2025 1. PROJECT INFORMATION: Project Title: Harbor Marina North Basin Repair Design and Engineering City Project Number: 23-0030-MA City Plan Set Number: Consultant Project Number: 2. SCOPE OF SERVICES: This scope of services is for the Moffatt & Nichol Team to provide design and engineering for the repairs to the North Marina due to the damage caused by Hurricane Helene and Hurricane Milton. Structural repairs to the floating attenuators include replacement of the post tensioned cables along the marginal walkway along the shoreline, replacement for 5 wave attenuators along the marginal walkway at the dock entrance (include removal of 3 20” square piles). With the replacement of the wave attenuators, cables will need to be replaced along the 50’ long wave attenuators closest to Dock A and new utilities will need to be run to replace the water, electricity and fire with the removal of the wave attenuators. Additional repairs include the replacement of the gangway that was destroyed when hit by a sailboat. Construction documents will be developed for the full scope of the project. The design plans shall be compiled using the City of Clearwater CAD standards, as attached. I. PRE-DESIGN PHASE: Task 1.1: Project Management and Meetings Project management and meetings will run concurrently with all phases of the project. M&N staff will attend meetings with the City and other stakeholders to gain an understanding of the project requirements, and to discuss design criteria ahead of performing any design. M&N will manage internal staff to complete the scope of work outlined in this proposal, and coordinate project requirements and updates with the City. Regular progress reports will be provided outlining progress and decisions made by the City and M&N. M&N Project Manager will prepare monthly invoices based on percent complete. Meetings will include the following: ATTACHMENT “A” CONSULTANT WORK ORDER – PROJECT FEES TABLE Harbor Marina North Basin Repair Design and Engineering Moffatt & Nichol 23-0030-MA City of Clearwater Consultant Work Order – Project Fees Table Page 2 of 9 Revised: 11/28/2022 • Kick-Off Meeting and Stakeholder requirements and criteria meeting • Monthly Update meetings with City Staff (12 meetings) The design review meetings will focus on reviewing comments received from the City reviewers and the proposed M&N resolution to those comments. Task 1.2: Data Review Repair items were identified during the inspection conducted by M&N Staff following the hurricanes in October 2024 and listed below. M&N staff will review any additional available information and data for the existing Harbor Marina and identify gaps, if any, where additional information will be required, or additional repairs may be needed. The data to be reviewed includes but is not necessarily limited to existing topographic and bathymetric surveys, record drawings, inspection reports, geotechnical data, previous underwater inspection reports, shop drawings and construction records. If additional repairs are required, M&N will inform the City. • Replace post tension cables on the marginal wharf along the shoreline • Replace post tension cables on the marginal walkway to Dock A • Replace the wave attenuators at the entrance of the North Basin • Reconnect fire protection, water lines, and electrical with new utilities lines • Replace the gangway to the fishing pier II. DESIGN PHASE (if applicable): Task 2.1: Design Phase 2.1.1: 60% Design This task is for the preparation of 60% Design contract documents to include: • Prepare list of technical and performance specifications for primary project components to be replaced. • Provide details for the replacement of the post tension cables and replacement of the utility lines for the replacement of the wave attenuators along the walkway entrance. • It is assumed that M&N will be able to reuse plan view and details from the South-North Wave Attenuator Replacement project. • Prepare 60% construction drawings for City review and comment. The following drawings are anticipated for required disciplines: o Coversheet and Index of Drawings o General Notes o General Arrangement Plan o Existing Conditions Plans o Demolition Plans, Sections, and Details ATTACHMENT “A” CONSULTANT WORK ORDER – PROJECT FEES TABLE Harbor Marina North Basin Repair Design and Engineering Moffatt & Nichol 23-0030-MA City of Clearwater Consultant Work Order – Project Fees Table Page 3 of 9 Revised: 11/28/2022 o Overall Site Plan o Gangway Performance Design and Specification o Wave attenuator layout and performance specification o Marina Utility Plans for replacement and details. • Prepare Engineer’s Opinion of Probable Construction Cost (EOPCC) for 60% design stage. Task 2.1.2 Permit Applications A permit application package will be prepared using the 60% Design Development drawings. It is anticipated that the work on this project will qualify for permit exemption from the FDEP and USACE. A Pinellas County permit will be required (PCWNCA Dock/Fill Permit). Task 2.1.3: 90% Design The M&N team will complete the draft-final design and detailing of structural and utility components and prepare draft-final (90% level) construction documents. This task is for the preparation of 90% Design contract documents to include: • Update of technical and performance specifications for primary project components. • Advance 60% Design to 90% construction drawings for City review and comment based on City review comments at 60% Design. The following drawings are anticipated for required disciplines: o Coversheet and Index of Drawings o General Notes o General Arrangement Plan o Existing Conditions Plans o Demolition Plans, Sections, and Details o Overall Site Plan o Gangway Performance Design and Specification o Wave attenuator layout and performance specification o Marina Utility Plans for replacement • Update Engineer’s Opinion of Probable Construction Cost (EOPCC) for 90% design stage III. FINAL DESIGN PHASE (if applicable): Task 3.1: Final Design The M&N team will complete the final design and detailing of structural and utility components and final (100%) construction documents. The final design will incorporate City comments from 90% submittal. The construction documents will ATTACHMENT “A” CONSULTANT WORK ORDER – PROJECT FEES TABLE Harbor Marina North Basin Repair Design and Engineering Moffatt & Nichol 23-0030-MA City of Clearwater Consultant Work Order – Project Fees Table Page 4 of 9 Revised: 11/28/2022 include a combination of drawings, technical specifications, and performance specifications for facility function, design requirements and final utility routing details as outlined below. The project team will complete the following scope of work for final design: • Technical and performance specifications for primary project components. • Construction drawings at final (100%) level design for City review and contractor bidding. Upon approval of final construction drawings, provide signed/sealed drawings to the City for permitting and construction. • One comprehensive drawing set with Marine Structural and Marina Utilities will be provided for the project. • Update EOPCC 100% Construction document stage. IV. BIDDING PHASE (if applicable): Task 4.1: Bid Support It is assumed that the City will lead this process with the following technical input from the Project Team to bid this project out for public low bid: • Prepare scope of work description for RFP/RFQ • Provide quantities of replacement items • Provide responses to requests for additional information pertaining to the technical scope of work during the RFP/RFQ period. 3. PROJECT GOALS: • Meeting minutes in MS Word and PDF format • 1 Kick-off meeting • 12 City project progress meetings (monthly) • Deliverables: o Meeting Agendas and Minutes o Design Criteria Memorandum in PDF format o Permit Application Packages in PDF format o 60% Submittal (drawings, list of specifications) in PDF format o 60% EOPCC in PDF format o 90% Submittal (drawings, specifications) in PDF format o 100% Construction Documents (drawings, specifications) in PDF format o 100% Construction Documents (signed & sealed) in Hard Copy (Arch D, 5 copies) o 100% EOPCC in PDF and Excel Formats ATTACHMENT “A” CONSULTANT WORK ORDER – PROJECT FEES TABLE Harbor Marina North Basin Repair Design and Engineering Moffatt & Nichol 23-0030-MA City of Clearwater Consultant Work Order – Project Fees Table Page 5 of 9 Revised: 11/28/2022 4. FEES: See Attachment “A”. This price includes all labor and expenses anticipated to be incurred by Moffatt & Nichol for the completion of these tasks in accordance with Professional Services Method “B” – Lump Sum – Percentage of Completion by Task, for a fee not to exceed One Hundred Forty-Five Thousand Nine Hundred Four Dollars ($145,904.00). The permit application fees will be paid by the consultant and invoiced to the City as a reimbursable. 5. SCHEDULE: The project is to be completed in 12 months from issuance of notice-to-proceed. The project deliverables are to be phased as follows: 60% Construction Plans and Permit Applications*: 90 calendar days 90% Construction Plans: 60 calendar days Final Construction Documents: 30 calendar days Calendar days for 90% and Final Construction Documents start the day after the completion of the 60% Review Meeting and the 90% Review Meeting, respectively. *Permitting review/approvals are not included in this schedule. The permit applications will be used to initiate the environmental permitting process; however, the duration of this process varies by project and agency reviewer and is outside of the Consultants’ control. 6. STAFF ASSIGNMENT: Consultant Team Moffatt & Nichol (M&N) – Project management, marina planning and design, coastal engineering, marine structural engineering, marina utility (mechanical, plumbing, electrical) engineering. Nancy E. Lehr, P.E. Project Manager – Marine Structural Engineer Derek Sears, P.E. Electrical Design Lead Wilfredo Ruiz, P.E. Mechanical Design Lead Manuel Garcia-Castano, PE. Coastal Engineering Lead City of Clearwater Staff: Kelly Peterich, P.E. Project Manager Michael MacDonald Marine & Aviation Director ATTACHMENT “A” CONSULTANT WORK ORDER – PROJECT FEES TABLE Harbor Marina North Basin Repair Design and Engineering Moffatt & Nichol 23-0030-MA City of Clearwater Consultant Work Order – Project Fees Table Page 6 of 9 Revised: 11/28/2022 7. CORRESPONDENCE/REPORTING PROCEDURES: Consultant’s project correspondence shall be directed to: Moffatt & Nichol 501 E. Kennedy Blvd, Suite 1910 Tampa, FL 33602 813.258.8818 Project Manager Nancy Lehr, P.E. nlehr@moffattnichol.com 813.258.8818 Project Director Michael Herrman, P.E. mherrman@moffattnichol.com 813.463.4423 All City project correspondence shall be directed to: Kelly Peterich, P.E. 100 S. Myrtle Ave. Clearwater, FL 33756 727.562.4827 Jeff.Walker@myclearwater.com 8. INVOICING/FUNDING PROCEDURES: City Invoicing Code: 3337333-546700-D2402 For work performed, invoices shall be submitted monthly to: ATTENTION: JAMIE GAUBATZ, SR. ACCOUNTANT CITY OF CLEARWATER, PUBLIC WORKS DEPARTMENT/ENGINEERING PO BOX 4748 CLEARWATER, FLORIDA 33758-4748 Contingency services will be billed as incurred only after written authorization provided by the City to proceed with those services. 9. INVOICING PROCEDURES: At a minimum, in addition to the invoice amount(s) the following information shall be provided on all invoices submitted on the Work Order: 1. Purchase Order, Project and Invoice Numbers and Contract Amount. 2. The time period (begin and end date) covered by the invoice. 3. A short narrative summary of activities completed in the time period. ATTACHMENT “A” CONSULTANT WORK ORDER – PROJECT FEES TABLE Harbor Marina North Basin Repair Design and Engineering Moffatt & Nichol 23-0030-MA City of Clearwater Consultant Work Order – Project Fees Table Page 7 of 9 Revised: 11/28/2022 4. Contract billing method – Lump Sum or Hourly Rate. 5. If Lump Sum, the percentage completion, amount due, previous amount earned and total earned to date for all tasks (direct costs, if any, shall be included in lump sum amount). 6. If Hourly Rate, hours, hourly rates, names of individuals being billed, amount due, previous amount earned, the percent completion, total earned to date for each task and other direct costs (receipts will be required for any single item with a cost of $50 or greater or cumulative monthly expenses greater than $100). 7. If the Work Order is funded by multiple funding codes, an itemization of tasks and invoice amounts by funding code. 10. CONSIDERATIONS: Consultant acknowledges the following: 1. The Consultant named above is required to comply with Section 119.0701, Florida Statutes, where applicable. 2. All City directives shall be provided by the City Project Manager. 3. “Alternate equals” shall not be approved until City Project Manager agrees. 4. All submittals must be accompanied by evidence, each has been internally checked for QA/QC before providing to City. 5. Consultants/Contractors are not permitted to use City-owned equipment (i.e. sampling equipment, etc.). 6. Documents posted on City website must ADA accessible. 11. ADDITIONAL CONSIDERATIONS: All work orders should include considerations for the following: 1. Sea Level Rise and Flood Resilience, as applicable. 2. Submittal of a Critical Path Method (CPM) Schedule(s). 3. Submittal of a Project Catalog with the following items, as appropriate: a. Data requests, assumptions, critical correspondence, meeting agenda, sign-in sheets, meeting minutes, document comment-response log(s), technical memorandum/reports, addenda, progress reports, regulatory correspondence, and other project-related documents. b. If construction project, also include design plans, conformed plans, change orders, field orders, RFIs, work change directives, addenda, progress reports, shop drawing and progress submittals, as-builts, record drawings, and other project-related documents such as O&M manuals and warranty information. ATTACHMENT “A” CONSULTANT WORK ORDER – PROJECT FEES TABLE Harbor Marina North Basin Repair Design and Engineering Moffatt & Nichol 23-0030-MA City of Clearwater Consultant Work Order – Project Fees Table Page 8 of 9 Revised: 11/28/2022 c. At the conclusion of the project, ENGINEER will combine this information into a Project Catalog and submit it 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: • The M&N Team does not issue environmental, or construction permits and cannot control agency permit review and issuance timelines. • The project schedule is predicated on assumed permit agency responsiveness but delays due to permitting agency processing are outside of the Consultants’ control. • This project is to replace the floating docks damaged by extreme storm events. The goal of this project is to provide the best possible repair in the given conditions. • The City to provide the front end documents to M&N for their use. 13. SIGNATURES: PREPARED BY: APPROVED BY: Michael Herrman, P.E. Tara Kivett, P.E. Vice President City Engineer Moffatt & Nichol City of Clearwater Date Date 4/21/2025 ATTACHMENT “A” CONSULTANT WORK ORDER – PROJECT FEES TABLE Harbor Marina North Basin Repair Design and Engineering Moffatt & Nichol 23-0030-MA City of Clearwater Consultant Work Order – Project Fees Table Page 9 of 9 Revised: 11/28/2022 CONSULTANT WORK ORDER PROJECT FEES TABLE Task Description Subconsultant Services Labor Total 1.0 Pre-Design 1.1 Project Management $2,080.00 $2,080.00 1.2 Meetings $10,240.00 $10,240.00 1.3 Data Review $1,400.00 $1,400.00 Pre-Design Total: $13,720.00 2.0 Design 2.1 60% Submittal $31,500.00 $31,500.00 2.2 90% Submittal $24,400.00 $24,400.00 2.3 Permit Applications $14,660.00 $14,660.00 Design Total: $70,560.00 3.0 Final Design Plans and Specifications 3.1 Final Construction Documents $30,420.00 $30,420.00 Final Design Plans and Specifications Total: $30,420.00 4.0 Bid Support 4.1 Bid Support $17,940.00 $17,940.00 Bid Support Total: $17,940.00 SUBTOTAL, LABOR AND SUB-CONTRACTORS: $132,640.00 5.0 Design Contingency $13,264.00 GRAND TOTAL: $145,904.00 ATTACHMENT “B” (Include if applicable) CONSULTANT WORK ORDER – CITY DELIVERABLES Harbor Marina South Basin North Wave Attenuator Replacement Moffatt & Nichol [23-0030-MA] 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. Selection Memorandum: Moffatt & Nichol was selected to provide engineering services for the Harbor Marina Project based on their prior involvement in earlier phases of the project, as well as their extensive familiarity with the site and the overall scope of work. Additionally, Moffatt & Nichol served as design consultants for the Beach Marina Project. They are currently on the City of Clearwater’s approved EOR list. The total estimated construction cost for the Harbor Marina Project is anticipated to remain under $4,000,000. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#25-0369 Agenda Date: 5/15/2025 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Information Technology Agenda Number: 6.4 SUBJECT/RECOMMENDATION: Authorize the first amendment to the agreement with Whitlock Consulting Group of Beaufort, SC, for project management and professional services in support of utility billing system upgrades for the term July 1, 2025 through December 21, 2025, in the not to exceed amount of $173,812.00, for a total not to exceed amount of $506,548.00, pursuant to RFP 20-24 and authorize the appropriate officials to execute same. (consent) SUMMARY: On January 19, 2024, Procurement issued Request for Proposal (RFP) 20-24, Cayenta UMS Database and Report Migration Services, and Whitlock Consulting Group was the only responsive response received in accordance with the solicitation requirements. In June 2024, the City contracted with Whitlock Consulting Group to perform professional services for migration of the Cayenta system database, services support for the review and re-writing of system reports, and technical services associated software upgrades. In the course of performing the services within the original scope, it was determined that Whitlock would be the best option for developing and testing some of the reports and for overseeing the planning and implementation of business process changes related to improvement opportunities identified during the discovery process. The detailed list of these specific reports and hours associated with improvement opportunities is reflected in the supplemental statement of work. These additional services were part of Whitlock’s initial response to RFP 20-24. These services are listed as optional scope item in the existing contract, and this amendment is intended to reflect the additional time and cost to perform them. Payments will be made according to the milestones outlined in the statement of work.   APPROPRIATION CODE AND AMOUNT: Funds are available in the capital project 94829, CIS Upgrade/Replacement, to fund this purchase order. This project is funded by Administrative Service Fund revenues, an internal service fund of the City.   STRATEGIC PRIORITY: This purchase will support all the objectives of a High-Performance Government, as well as Superior Public Service. Page 1 City of Clearwater Printed on 5/13/2025 1 | P a g e Exhibit A.1: Supplemental Statement of Work Project – City of Clearwater Cayenta UMS Database and Report Migration Services 1.0 Cayenta Environment Migration Support 1.1 Project Summary The City of Clearwater is currently engaged with WCG as defined by the SOW associated with PO24000857, for upgrading its Cayenta environment by migrating its database from Oracle to SQL Server, and its reporting system from Actuate to Cognos. This is a supplemental statement of work is for two items, 1) extending the original scope by 6 months for PM and BA services, July 2025 – December 2025, but only 2 months of costs for BA services is added, with no other changes in scope, 2) adding optional services described in the original statement of work related to developing custom reports and improvement opportunities. See section 2.0 below for more details on the custom report and improvement opportunities. 2.0 Develop and Test Custom Reports and Improvement Opportunity Discovery / Implementation: The purpose of this document is to provide additional information and details related to what was previously an optional scope item in City of Clearwater/WCG’s existing contract, as seen below: Developing Custom Reports (2.1) WCG’s time and material costs to develop and test custom reports or provide any other services beyond the scope of this RFP is $185 per hour, not inclusive of travel expenses. Improvement Opportunities (2.2) WCG is pleased to offer long-term support and maintenance services specific to utilities using Cayenta software solutions. Through these services, utilities are able to leverage our Cayenta knowledge experts to extend the useful life of their current systems and deliver an ongoing continuous improvement mindset where efficiency gains are delivered through enhanced core configuration and process design. Such improvement opportunities include streamlined processes for a reduced burden on the City’s staff, modernization via updated configuration and third-party interfaces, and improved customer satisfaction. 2.1 Report Development – Task WCG will develop and validate 55 reports/custom portal statistics as shown in exhibit 1 below. All reports/custom portal statistics listed in Exhibit 1 below will be developed and validated prior to delivery to the City of Clearwater for testing. WCG’s development will be based on the completed discovery sessions held with various departments at the City of Clearwater. Note: No hours or estimates are included in this SOW related to the list of portal statistics to be developed by Clearwater city staff. WCG can support in this area, with estimates to be provided if it becomes necessary. 2.2 Improvement Opportunity – Task WCG will lead discovery sessions with the City of Clearwater to review their collections process and specifically the Improvement Opportunities listed below. The discovery sessions and the resulting documentation will be handled on a time and material basis. See section 4.0 for additional cost information. 2 | P a g e WCG improvement opportunity selection… The below items were selected by Clearwater personnel… Utilizing Cayenta's Auto Reconnect process would be really helpful for apartment complexes to minimize turn- on/turn-offs and help automate the notifications to landlords Mass move-in/move-out functionality would drastically help with scenarios where apartments are changing ownership and minimize entries of individual transactions Add configuration that allows certain meter reading trouble codes to auto-create the appropriate repair service order (e.g. broken box/lid) Need a workflow specifically built for the short-term turn- ons with pre-set services, no deposit, and pre-scheduled move-outs Clearwater benefit from a basic MWM solution for basic customer-centric service orders to provide real-time integration with Cayenta and Invoice Cloud Use service/account alerts and SO logic to automate the removal of the extra solid waste container upon move-out so that the new customer starts with the basic service from Day 1 3 | P a g e Look into using Installment Billing as opposed to true Pay Arrangement functionality to avoid the Pay Arrangement coming due all at once and to clean-up the bill presentment Need to provide a 'Reconnect Amount' to make sure that all appropriate fees are included and to allow for automation of reconnecting after Disconnect for Non- Payment Could use portal statistics for better tracking and accountability of open, aging service orders 3.0 Deliverables 3.1 Report Development – Deliverable WCG will develop the SQL for items in Exhibit 1 where the Proposed Approach is labeled as "Custom Report." The SQL will be validated against the available data, and the resulting information will be presented to a City of Clearwater user before being handed over to the BA for Cognos development. WCG will not be responsible for developing reports in Cognos. For items where the Proposed Approach is labeled as "Custom Portal Statistic," WCG will configure and test the portal before delivering it to the end user for further testing. 3.2 Improvement Opportunity – Deliverable WCG to lead and document discovery sessions related to the City of Clearwater’s collection process. The output of the discovery sessions will determine the exact improvement opportunities to implement. 4.0 Project Effort and Cost 4.1 Project Management and Business Analyst services (July 2025 – December 2025): 4 | P a g e 4.2 Report Development: WCG’s estimate for completing the 55 reports is 300 hours and an amount not to exceed $55,500. 4.3 Improvement Opportunity: WCG’s estimate for completing discovery related to the collections process is 15 hours and an amount not to exceed $7,400. 5.0 Invoice and Payment terms 5.1 Payment Terms WCG will invoice the City of Clearwater monthly as set out in section 4.0. Payment terms will be net 30. 5.2 Travel Expenses The only additional costs for these resources will come from any required travel expenses (lodging, meals, and travel). The travel estimates included here are in-line with previous project experiences as a means of developing a not-to-exceed amount for the contract. WCG will remain flexible throughout the project regarding the balance of work being completed onsite and work being completed remotely. Actual travel expenses for flights, mileage, hotel, and per diem will be billed monthly as incurred. Average Cost / Week Flight $600 Rental Car $300 Hotel $800 Per Diem $375 Total Weekly Cost:$2,075 5 | P a g e Exhibit 1 Cayenta Ref Number Client Ref # Report Name Proposed Approach New Discovery Notes CW-CIS- 02 AR Aged Cycle Less than Zero Final AR Aged Cycle Less than Zero Final Cayenta Portal Name: "Final Accounts with credit balance for write off" 3. Custom Portal Statistic This is used to evaluate Final Accounts with Credit Balance. CW has not written off credit blances on accounts under $5 as there was no policy until now. CW will use this portal to analyse those accounts and enter a refund record or transfer the balance if no refund is entered. Portal Stat will look for final accounts with remaining amount /balance less than 0. Portal will provide basic account information along with move out date and the difference between current system date and move out date as Number of days since moved out. Additional columns can be added to the portal at the time of development. (CW: please note that in version 9.2 there is a Refund Portal Stat that cayenta built that is a one stop shop to transfer the credit balance to another account or enter a refund for the account.) CW-CIS- 07 CS021 Pending Test and CS021 for Draft / Bank Draft CS021 Part 1 CS021 Pending Test and CS021 for Draft / Bank Draft CS021 Part 1 4. Custom Report This report is required going forward. Chris, Bernice and Margaux will provide requirements for this report, the current sample is from the Draft Table. CW-CIS- 08 CS021 Pending Test and CS021 for Draft / Bank Draft CS021 Part 2 CS021 Pending Test and CS021 for Draft / Bank Draft CS021 Part 2 4. Custom Report This report is required going forward. Chris, Bernice and Margaux will provide requirements for this report, the current sample is from the Draft Table. 6 | P a g e CW-CIS- 09 Inbill ageing report AKA Inbill ageing accts detail Inbill ageing report AKA Inbill ageing accts detail 3. Custom Portal Statistic This is for accounts that are pending to be billed. We will work with the development team to do this as a portal stat. However, we might be able to get some new portals that are core in the SQL version under the service billing portion that might support this report. Sample from Xavier in Email. "Service Billing Portal Stats should provide everything that Billing Team needs". This estimate will be removed if the Service Billing Stats are available. CW-CIS- 17 Deposits Deposits 4. Custom Report Current Cayenta has a core report- Security Deposits on Account that will provide the required information. If the report needs to be modified to include other information, we can do so. We will build a separate report only for the Non-Cash Deposits. CW- GAS-03 Cut_cap NG Meters By Address Cognos Report Name: Cut and Cap Locations 4. Custom Report The Cup and Cap Actuate report contains a flawed assumption regarding the cut and cap date column. It mistakenly equates the service pull date with the date when the service line was actually cut and capped. To accurately determine if a location has been cut and capped, we need to verify that a cup and cap service order was completed. That serves as a definitive record of the work performed. CW-PU- 03 Test Back Flow RC back flows for testing by route 10. Duplicate reclaim residential (COMBINED) - Same as CW-PU-01 CW-PU- 04 Test Back Flow RC back flows for testing by route 10. Duplicate reclaim residential and commercial reclaim (COMBINED) -Same as CW-PU-01 7 | P a g e CW-PU- 05 Test Back Flow RRCR Back flows for testing by route 10. Duplicate residential and residential reclaim (COMBINED) -Same as CW-PU-01 CW-PU- 06 RWTRM SWFWMD FY22/23 Reclaimed water consumption by Project Area 4. Custom Report This report is used annually and monthly to check on all the backflow testing that has been done already. Report conditions do not change. This is run by the fiscal year. Oct 1- sept 31 is fiscal. Provide consumption in gallons. CW-PU- 07 BF_Details_srv _DEP Backflow Details by type and size 10. Duplicate This is part of CCP- cross connection control program. Currently they search for parameters after they run the report. Going forward, the report will contain parameters that will be entered by the user before they run the report. Report output will be in excel, so a user can filter the data after the report has been run. CW-PU- 08 PW004Keith Water Consumptions (residential) 10. Duplicate This is meter reading data by location. Allow the user to enter the location class as a parameter or Generic_cd_1, service type and range of bill date --this is part of CCP-To be included in the Assembly report CW-PU- 10 Pw004keith(1) Water Consumptions (commercial) (Same report as above, except the parameter value is different). 10. Duplicate same as PW004Keith-To be included in the Assembly report CW-PU- 11 Cross Connection Program 8. To Be Determined To be included in the Assembly report CW-PU- 13 Meter Change Out Meter Shop requirements ?? CW-PU- 14 Assembly report Assembly report 4. Custom Report goal is to combine or streamline the assembly report against Keith reports and the reclaimed water consumption report. The estimate provided is to either 8 | P a g e combine reports or provide several reports that can be used for Cross Connection program or otherwise. CW-SW- 01 SW1 Possibly Closed in Error (SO_Possibly_Closed_In Error) 3. Custom Portal Statistic Create a report where the SO was closed where the resolution date is before the effective date, include cancelled SO. Once a SO has been reviewed, they can click a button to add a preset comment (config required) that will then remove the record from the portal stat. Portal will look for records closed before the effective date for the last 30 days from the resolution date. RODMP, ROPUL, ROADD, ROSET, CODMP, COPUL, COADD, COSET CW-SW- 02 SW2 Routing Record Possible Errors (RoutingRecordPossible Errors) 4. Custom Report SW Installed Assets Master Report: This report includes all locations with a SWWB and SWF service type where an asset is installed and the pull date is null. Users can filter the data based on asset attributes and extended attributes. It will also display information on the active bill codes linked to the Service Type for the current account associated with each location. This report will also include data for Shared Groups # and Address attribute as these are asset attributes. The report will also provide data on the routes assigned to each asset. Cognos will provide a dropdown list of values for each filter parameter to streamline data filtering. This report is designed to replace several Actuate reports used to identify data discrepancies through various parameter combinations. The report will be available in Excel format, allowing users to perform 9 | P a g e additional data filtering within Excel. CW-SW- 05 SW5 Open Service Orders (openSObyDistrib/ openSObyBillCycle) 4. Custom Report Open and Resolved Service Order Report: This report allows the end user to filter data based on Effective date, Resolved date. Report built in Cognos, SQL provided by Cayenta. Action Codes included in the report : #TDMP, #EDMP, #BDMP, #RDMP, BBRPR, BBRPC, BBPUL, BBSET, BBADD, RCRPR, RCRPC, RCPUL, RCSET, RCADD, RBRPR, RBRPC, RBPUL, RBSET, RBADD, RCXPU, BBXPU, CTXPU, CTLOC, CTRPR, CTRPC, CTPUL, CTSET, CTADD, CTLNS, CTLND, CTLNP, RORPC, RODMP, ROPUL, ROADD, ROSET, ROLOC, RORPR, CORPC, CODMP, COPUL, COADD, COSET, COLOC, CORPR CW-SW- 06 entered_events_SW6_o utput 4. Custom Report Billable Event Master Report: This report includes data on all Billable events (UM00285T) entered in the system. User will have the ability to filter the data by Active and Final Accounts. Date Range using the Trxn Date, Asset Type, Product Quality, Prod Destination, Billed, Consumption Amount range will be other parameters available in the report. User can also request to add additional filters that are based on data on Location or account such as Location class. 10 | P a g e CW-SW- 07 SW6 Hardship Letter -Portal Stat 3. Custom Portal Statistic A portal stat will be developed with additional discovery to determine the criteria on who receives the letter. The customer has 60 days to respond. Manual actions are taken by the SW department once the customer replies. The letter is based on the assigned bill code: SWBBM, RCBIM, SWBMO, RCBOM. The portal stat will call API RUNREPORT: <Request> <RunReport> <Params> <SUBSYSTEM_ID></SUBSYSTEM_ ID> <REPORT_ID></REPORT_ID> <REQUEST></REQUEST> <JOB_YN></JOB_YN> <Parameter_Name_1></Parame ter_Name_1> <Parameter_Name_2></Parame ter_Name_2> </Params> </RunReport> </Request> CW-SW- 08 SW6 Hardship by driver list 4. Custom Report Cognos Report Required. The accounts that are "HARDSHIP" is identified using comments field in UM00285T. The list is provided to the driver. The current SQL will be used to design the report.This query use a table that looks like it is from a linked database (UMSLIVE). Need to know how SQL will handle that. CW-SW- 09 SW6 Hardships (Hardship_by_address/ Hardship_by_day_route / Hardship_by_name ) 4. Custom Report Hardship_by_address/ Hardship_by_day_route/ Hardship_by_name - All three reports will be converted to Cognos reports and see where we can combine the data to reduce the number of reports. Current SQL will be evaluated before report is designed in 11 | P a g e Cognos. This query use a table that looks like it is from a linked database (UMSLIVE). Need to know how SQL will handle that. CW-SW- 10 SW7 Hotsheet_by_driver 4. Custom Report Cognos Report Required. The accounts that are "HOTSHEET" is identified using comments field in UM00285T. The list is provided to the driver. The current SQL will be used to design the report CW-SW- 11 SW7 Hotsheets (Hot_sheet_by_day_rou te/ Hot_sheet_Comm_by_d ay_route/ Hot_sheet_Recyc_by_da y_route ) 4. Custom Report Hot_sheet_by_day_route/ Hot_sheet_Comm_by_day_rout e/ Hot_sheet_Recyc_by_day_route - All three reports will be converted to Cognos reports and see where we can combine the data to reduce the number of reports. Current SQL will be evaluated before report is designed in Cognos. CW-SW- 15 SW11 Roll Off Duplicate Entry (RollOff_DuplicateEntrie s ) 3. Custom Portal Statistic Portal Stat Required. This will look for all Billable Entries completed today, to check if there is a duplicate entry for the same Location in the last 7 days. CW-SW- 21 SW17 Possible Billing Transaction Date Error (BillingDataErrors_past) 3. Custom Portal Statistic Portal Stat Required. The portal will show records where the Trxn Date on the Billable event is greater than current system date . The record will not fall from the report until it is fixed. CW-SW- 22 SW17 Possible Billing Transaction Date Error ( BillingDataErrors_future ) 3. Custom Portal Statistic Portal Stat Required. The portal will show records where the Trxn Date on the Billable event does not match the Resolution Date if the resolution date is not null. The data will filter on the last 7 days. CW-SW- 24 SW19 30 Day List (SW013_30d_noservice ) 3. Custom Portal Statistic Portal Stat Required. SQL Provided, this shows assets that 12 | P a g e have not had a billable entry record for more than 30 days. CW-SW- 33 SW28 Billable Holdings by Service Address (SW005ACC) 4. Custom Report Billable Holdings Master Report: This report will provide information about all billable holdings for Locations that have active accounts being billed. Bill Codes will be included in this report. The report will have parameters to filter the data. CW-SW- 38 SW33 Holdiay Routes (SXF_SW0031_select_5o rMore) 4. Custom Report This report is printed for a Holiday such as Christmas to only send the truck that has pick up for the day. Current SQL to be be evaluated CW-SW- 39 SW34 Roll off Jurisdiction Bill Code Errors (RollOff_Juris_BillCd_Err ors) 3. Custom Portal Statistic Portal Stat Required. This will look for all Billable Entries completed today, if there are errors in the Bill Code, they are fixed before Billing runs. CW-SW- 45 SW40 Dormant Accts vs Non- Dormant Accts (Dormant_NonDormant) 4. Custom Report Current SQL on the report should not be used. Billing team has a portal stat that they are using. Use the Portal Stat SQL to create a report for SW department Month End SQL>AR 10. Duplicate All invoice cloud payments. SQL=Cash By Source Core report AR Aging acct detail by summary code. SQL and AR Aging acct detail. SQL=AR295T Aging Report Core report being modified for you- CW-GAS-04 Month End SQL>AR>AR Reconciliation 2. System Functionality All Payment SQL will be covered within the cash by source report and Munis GL Interface. The Refunds. SQL will be covered by refund interface with Munis and Refund Check Register Core report. Month End SQL>Balance Water - Sewer 9. Not Required All the queries were only written to offset entries for the Munis GL interface. These are not required going forward as the GL interface 13 | P a g e will handle. No report required out of these. Month End SQL>Class by Juris 4. Custom Report INT.sql- Interruptible accounts, this will be required going forward. Rest of the queries are used on the GAS 1-10 FY2024 report, so may not be required going forward. Month End SQL>ClassCoun t 4. Custom Report gasactivemeters.sql -Getting a count on how many customers are on a particular service. This will be required going forward. Activeflatsvc.sql is no longer required. Month End SQL>NG LP taxes 4. Custom Report NG taxes GRT, FF, UT.sql=This is for the Gas Department and is required going forward. It will be built in Cognos with the appropriate Groupings and details required. Use GL Year/Period as the parameters when running the report and the end user can run it on their own. LP tax UT.sql is no longer required. Month End SQL>P&R 4. Custom Report Consumption and Cost - This will be required going forward. Change the criteria to look for the GL code from the Bank Draft Agreement table and not first name. Month End SQL>Service Counts 4. Custom Report By the end of the month are CUTON for each different type of service. This is required going forward. Create a summary report that gives counts of locations with service type where the service status =CUTON, WCG can help with the SQL 14 | P a g e Month End SQL>Solid Waste & Recycling 9. Not Required RC & SWF SV CHG Report-Munis Interface will provide the GL amounts and the report can come from Munis. Compared against Month End reports in cayenta. Recycle Monthly Data Extract- How much we are charging per account as to what was billed? This is used for reconciliation, may not be needed in future. SW SWF COLL Data Extract- what we billed them for SW where anyone with containers? This is used for reconciliation, may not be needed in future. SW SWWB and UM262t-ar299t - This is used for reconciliation, may not be needed in future. Month End SQL>Tax Exempt Queries 4. Custom Report taxexemptar-LP NG SW WTR - these are required going forward. Used by Billing to check accounts were charged correctly, if not, fix it in cayenta but do not have to send Finance the corrected amount as the interface will do it Month End SQL>Ar by gas sales item type 4. Custom Report Gas Fees revenue- broken down by what GL account/Item Type- This report can be built in the future but using GL Period/Year as the parameter. You can also use summary code as the dropdown value so the report can be used by multiple departments. WCG can help with the SQL. Month End SQL>Cenergisti c Export 4. Custom Report This is an export for a third party software and is required going forward. The current SQL will be used to build a rpeort in Cognos and emailed once a month through Cognos. 15 | P a g e Month End SQL>Database Check 9. Not Required Not required going forward. Month End SQL>Munis 9. Not Required Part of the interface Month End SQL>Group range 9. Not Required Not required - will be replaced by the use of GL Period/Year Month End SQL>GRT Detail 9. Not Required Currently used for reconciliation. GRT has its own GL code and Month End reports can be used to reconcile. CW-LTR- 02 CIS1 Final Notice 12. Custom Letter This is sent via collection stream. We need to know what collection stream uses this letter. Do you use auto-connect? And do you send letters to landlords if the tenant does not pay? CW-LTR- 03 CIS2 Returned Check 12. Custom Letter This will be developed in Cognos. CW-LTR- 04 CIS3 Cash Only 12. Custom Letter This will be developed in Cognos. CW-LTR- 05 CIS4 Pay Arrangement 12. Custom Letter There is a core cognos letter already if CW wants to use. CW-LTR- 06 SW2 Hardship Letter-Cognos 4. Custom Report Letter to be developed in Cognos. Account No will be the paremeter sent, that will be used to derive the mailing address of the customer. WCG-CW-3 Munis Interface for GL and Refund The standard Cayenta process will be followed for the GL and Refund Interface. GL Interface: A file will be exported daily through a scheduled job that runs after midnight. A corresponding core report will also be generated and made available on the Cognos report server for review and sign-off before the file is imported into Munis. No manual changes should be made to the file, which will follow the format 16 | P a g e provided by CW. The Munis test system must be available to import the file to test this interface. Development of this interface cannot proceed until WCG-CW-1 and WCG-CW-2 are completed. Refund Interface: A file will be generated after the check generation process is run in Cayenta. The Refund Check Register core Cognos report can be used for review and sign-off. No manual changes should be made to the file, which will follow the format provided by CW. The Munis test system must be available to import the file for testing the interface 17 | P a g e **** End of Statement of Work ***** 1 FIRST AMENDMENT TO CONTRACT BETWEEN CITY OF CLEARWATER AND WHITLOCK CONSULTING GROUP RFP #20-24 UMS DATABASE AND REPORT MIGRATION SERVICES THIS FIRST AMENDMENT, entered into this _____ day of April 2025, by and between the CITY OF CLEARWATER (“City”), a Florida municipal corporation, P.O. Box 4748, Clearwater, Florida 33758 and Whitlock Consulting Group, (“Whitlock” or “Vendor”), 32 Riverview Drive, Beaufort, SC 29907, collectively as “Parties”. WHEREAS, the City sought a qualified vendor who specialized in Utility Billing/Management Systems and Project Management for upgrade and data migration in a Cayenta Utility (Harris Group Computer Corp.) environment. WHEREAS, the City selected Vendor based on Request for Proposal (“RFP”) #20-24 and responses by Vendor to RFP #20-24, which are incorporated by reference. WHEREAS, on June 6, 2024, the Parties entered into a contract for the performance of the services as outlined in RFP #20-24 and the payment of those services (“Contract”). WHEREAS, the project is on-going and it is necessary to extend the time for performance, add additional services in accordance with the RFP, and increase the compensation paid to the Vendor. NOW THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration, the City and Whitlock agree that the 2 above terms, recitals, and representations are true and accurate and are incorporated herein by reference, and the Parties further agree as follows: 1. Section 2. TIME OF PERFORMANCE. The initial Contract Term shall commence on June 1, 2024 and end on June 30, 2025. This Contract shall be extended from June 30, 2025 until December 31, 2025. 2. Section 3. COMPENSATION. The City will pay Vendor in an amount not to exceed $332,736.00, as more fully described in attached Exhibit A, inclusive of all reasonable and necessary direct expenses, if applicable. The City may, from time to time, require changes in the scope of the project. Such changes, including any increase or decrease in the amount of Vendor’s compensation, and any other changes in the terms of this Contract which are mutually agreed upon by and between City and Vendor shall be effective when incorporated in written amendment to this Contract, upon mutual agreement. The City will pay Vendor an additional not to exceed amount of $173,812.00, as more fully described in attached Exhibit A.1 (Supplemental Statement of Work). 3. All other terms and conditions of this Contract which are not expressly amended or deleted herein shall continue in full force and effect. 3 IN WITNESS WHEREOF, the Parties have caused this First Amendment to be signed in its corporate/legal name by its authorized representatives or persons authorized to execute this First Amendment on the date and year first above written. WHITLOCK CONSULTING GROUP Michael Whitlock Founding Partner CITY OF CLEARWATER, FLORIDA Bruce Rector Jennifer Poirrier Mayor City Manager Approved as to form: Attest: Owen Kohler Rosemarie Call Lead Assistant City Attorney City Clerk Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#25-0395 Agenda Date: 5/15/2025 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Marine & Aviation Agenda Number: 6.5 SUBJECT/RECOMMENDATION: Authorize a purchase order and an agreement between Divecom Services, LLC, located at 1310 10th St E Unit G, Palmetto, FL., 34221, and the City of Clearwater to provide vessel removal, towing, storage, and/or disposal services to accommodate all needs of the Clearwater Police Department and the Marine and Aviation Department in the annual amount of $100,000.00 for the initial term with two, one-year renewal options pursuant to Request for Proposal 12-25 and authorize the appropriate officials to execute same. (consent) SUMMARY: On January 9, 2025, the City issued Request for Proposal (RFP) 12-25 seeking qualified vendors to provide vessel removal, towing, storage, and/or disposal services in accordance with the RFP’s terms and conditions. A total of five responses were received. An evaluation committee consisting of members from the Marine and Aviation Department and the Clearwater Police Department evaluated the qualified responses. Based on qualifications, experience, available facilities, equipment, and capacity, Divecom Services was selected as the recommended vendor. The City may, from time to time, require modifications to the scope of services to be performed by Divecom Services. Any such modifications, including adjustments to compensation for contract terms, shall be mutually agreed upon by both parties and formalized through a written amendment to this agreement. Divecom Services shall submit invoices to the City for approval, with payment terms set at Net 30 days. The agreement establishes an initial one-year term effective May 16, 2025 through May 15, 2026, with two additional one-year renewal options at the City’s discretion. APPROPRIATION CODE AND AMOUNT: Funds for this contract are available in capital improvement project 315-93415, Waterway Maintenance, funded by General Fund revenues. STRATEGIC PRIORITY: High Performing Government: 1.2 Maintain public infrastructure, mobility systems, natural lands, environmental resources, and historic features through systematic management efforts. Economic & Housing Opportunity: 2.2 Cultivate a business climate that welcomes entrepreneurship, inspires local investment, supports Eco-friendly enterprises, and encourages high-quality job growth. Page 1 City of Clearwater Printed on 5/13/2025 February 25, 2025 NOTICE OF INTENT TO AWARD The Selection Committee and the Procurement Division has shortlisted the top ranked firms for RFP No. 12-25, Marine Vessel Removal, Towing, Storage and Disposal Services and proceeded to make an award recommendation to Divecom Services, LLC, the top-ranked firm, for a period of one (1) year, with two (1), one (1) year renewal options. The ranked firms in order are as follows: 1) Divecom Services, LLC 2) Emerge Marine 3) Flagship Towing Negotiations will begin soon with the top ranked firm. Should negotiations fail, the committee will move to the next ranked firm on the list. The negotiated contract is subject to City Manager or Council’s authorization. Inquiries regarding this Intent to Award can be directed to the City’s Procurement Analyst at (727) 444- 7902, or mailed to City of Clearwater, Attn: Procurement Division, PO Box 4748, Clearwater, FL 33758- 4748. Posted on this date by: Leslie Greve Leslie Greve Procurement Analyst I 1) Divecom Services, LLC 2) Emerge Marine 7977 Barr Road 5697 Pinkney Avenue Myakka City, FL 34251 Sarasota, FL 34233 813-321-3232 941-809-3505 3) Flagship Towing 4) In Depth Inc. 7301 Ranch Road 620 North Suite 155-333 1473 Old Haw Creek Road Austin, TX 78726 Bunnell, FL 32110 512-922-8480 386-202-2771 5) Isla Maritime 1695 Cameron Court Trinity, FL 34655 954-494-3733 ADVERTISED: TAMPA BAY TIMES 1/15/2025 POSTED:myclearwater.com 01/09/2025-02/11/2025 Due/Opening: February 11th, 2025; 10:00 a.m. REQUEST FOR PROPOSAL No. 12-25 Marine Vessel Removal, Towing, Storage, and Disposal Services Solicitation Response Listing FOR THE CITY OF CLEARWATER Evaluation for RFP 12-25, Marine Vessel Removal, Towing, Storage and Disposal Services Vendor Shante Dean Score Margaret Hasty Score William Hodgson Score Michael MacDonald Score James Perz Score Total Score Total Average Rank Divecom Services, LLC 71 95 84 88 77 83 1 Emerge Marine 63 91 59 87 72 74.4 2 Flagship Towing 69 74 68 86 51 69.6 3 Isla Maritime 54 54 57 88 67 64 4 In Depth Inc 55 30 45 46 56 46.4 5 Ranking: Divecom Services LLC Emerge Marine Flagship Towing Isla Maritime In Depth Inc v. 7.2024 Procurement Division PO Box 4748 33758-4748 Clearwater FL 727-562-4630 REQUEST FOR PROPOSAL 12-25 MARINE VESSEL REMOVAL, TOWING, STORAGE, AND DISPOSAL SERVICES NOTICE Thursday, January 9, 2025 NOTICE IS HEREBY GIVEN that sealed proposals will be received by the City of Clearwater (City) until 10:00 am, Local Time, on Tuesday, February 11, 2025 to provide: The City of Clearwater (City) is seeking a qualified Contractor(s) to be responsible for the removal/towing, storage, or disposition of select vessels as identified by CPD or another participating city department on an as-needed basis. The Contractor(s) selected will be responsible for all required licenses, certificates, permits, and insurance needed to complete these services. All work activities associated with the removal, towing, storage, and disposal of vessels are to be coordinated with the CPD. 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://procurement.opengov.com/portal/myclearwater/projects/137982. 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/137982. 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 proposal. 2.3 Due Date & Time for Submission and Opening Date: Tuesday, February 11, 2025 Time: 10:00 am 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. 2.4 Proposal Firm Time Proposal shall remain firm and unaltered after opening for 120 days. The City may accept the proposal, subject to successful contract negotiations, at any time during this time. 2.5 Proposal Submittals It is recommended that proposals 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 proposal that is not properly addressed and identified. 2.6 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 v. 7.2024 3 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. 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 proposer begins any billable work prior to the City’s final approval and execution of the contract, proposer 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 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. 2.10 Form and Content of Proposals Proposals, 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 proposal be submitted through the City's e-Procurement portal located at https://procurement.opengov.com/portal/myclearwater. 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. 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. 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. v. 7.2024 4 2.12 Modification/Withdrawal of Proposal For proposals 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 proposals, 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. Written requests must be addressed and labeled in the same manner as the proposal and marked as a MODIFICATION or WITHDRAWAL of the proposal. 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 proposal security. Any withdrawal after the bid opening shall be allowed solely at the City’s discretion. 2.13 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. 2.14 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. 2.15 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. 2.16 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. 2.17 Contractor Ethics v. 7.2024 5 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. 2.18 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. 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 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. 2.21 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 v. 7.2024 6 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. 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, see Section CRITERIA FOR EVALUATION AND AWARD for the criteria that will be evaluated and their relative weights. 2.22 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. 2.23 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. 2.24 Best and 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. 2.25 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. 2.26 Contract Negotiations and Acceptance v. 7.2024 7 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. 2.27 Notice of Intent to Award Notices of the City’s intent to award a Contract are posted to Purchasing’s website. It is the proposer’s responsibility to check the City of Clearwater’s website at https://procurement.opengov.com/portal/myclearwater/projects/137982 to view the Procurement Division's Intent to Award postings. 2.28 RFP Timeline Dates are tentative and subject to change. Release Project Date: January 9, 2025 Advertise Tampa Bay Times: January 15, 2025 Question Submission Deadline: February 2, 2025, 10:00am Due Date & Time for Submissions and Opening: February 11, 2025, 10:00am Review proposals: February 11-25, 2025 Presentations (if requested): Week of March 3, 2025 Award recommendation: Week of March 3, 2025 Council Authorization: April 2025 Contract Begins: May 2025 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 v. 7.2024 8 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. 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: No. Evaluation Criteria Scoring Method Weight (Points) 1. Qualifications and Experience Points Based 25 (25% of Total) 2. References Points Based 15 (15% of Total) 3. Facilities and Equipment Points Based 25 (25% of Total) 4. Capacity for Contract Points Based 25 (25% of Total) 5. Pricing Points Based 10 (10% of Total) STANDARD TERMS AND CONDITIONS 4.1 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”. 4.2 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. v. 7.2024 9 4.3 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. 4.4 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. 4.5 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. 4.6 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. 4.7 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. 4.8 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. 4.9 Time of the Essence Time is of the essence to the performance of the parties’ obligations under this Agreement. 4.10 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 v. 7.2024 10 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 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. 4.11 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 v. 7.2024 11 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. 4.12 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. 4.13 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 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. v. 7.2024 12 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. 4.14 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. 4.15 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. 4.16 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. 4.17 Default v. 7.2024 13 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. 4.18 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. 4.19 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 v. 7.2024 14 by judicial action, or otherwise required or obligated to cease performance by other provisions in this Agreement. 4.20 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. 4.21 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. 4.22 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. 4.23 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. 4.24 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. 4.25 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. v. 7.2024 15 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. 4.26 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. 4.27 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. 4.28 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. 4.29 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. 4.30 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. 4.31 FOB Destination Freight Prepaid and Allowed All deliveries will be FOB destination freight prepaid and allowed unless otherwise agreed. 4.32 Risk of Loss v. 7.2024 16 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. 4.33 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. 4.34 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. 4.35 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. 4.36 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). 4.37 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. 4.38 Cooperative Use of Contract v. 7.2024 17 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. 4.39 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. 4.40 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. 4.41 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. 4.42 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. 4.43 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. 4.44 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. 4.45 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 5.1 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 118,463 residents. Clearwater Beach, a renowned international destination in Pinellas County, attracts millions of tourists annually and most recently received v. 7.2024 18 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. 5.2 Background The City works in conjunction with local and state agencies to address ‘at risk’ vessels (Florida Statute § 327.4107) and ‘derelict’ vessels (Florida Statute § 823.11). The services requested herein are related to the authority granted to the Clearwater Police Department (CPD) via City of Clearwater Code of Ordinances Chapter 33, Waterways and Vessels, specifically Ordinance No. 9383-20. 5.3 Scope of Work The City is seeking a qualified Contractor(s) to be responsible for the removal/towing, storage, or disposition of select vessels as identified by CPD or another participating city department on an as-needed basis. The Contractor(s) selected will be responsible for all required licenses, certificates, permits, and insurance needed to complete these services. All work activities associated with the removal, towing, storage, and disposal of vessels are to be coordinated with the CPD. Contractor Responsibilities: All procedures shall be in compliance with all Federal, State, and Local Laws and Regulations. The Contractor will be responsible for the following: Included Services: Services shall include the labor, mobilization, transport, preparation of vessels for removal/towing, storage and/or disposal, all landfill disposal fees, photographs, and any pollutant removal and disposal. Supplies and Equipment: The Contractor shall be responsible for providing all fuel, supplies, materials, equipment, vehicles, vessels, tools, drivers, and personal protective equipment for the removal/towing, storage, and/or disposal of targeted vessels. Additionally, Contractor shall provide all related materials as required by Federal, State, and Local Laws and Regulations. The Contractor shall provide in detail a list of supplies, equipment, and procedures utilized during this contract with response. Work Plan: The Contractor shall submit a work plan and procedures for removal/towing, storage, and/or disposal of targeted vessels to be reviewed and approved by a designated CPD representative before the authorization for service is granted. The plan shall include details for vessel removal and include a plan for handling of water quality issues and pollutants. Work shall be scheduled as soon as possible when contacted by the City. Work is expected to be completed within five (5) business days unless otherwise mutually agreed. v. 7.2024 19 Operational and Strategy Meetings: The Contractor shall attend operation and strategy meetings as required by the CPD and other appropriate parties throughout the term of the contract. Removal/Towing: Includes vessels located at City docks or marinas that have become submerged, are shallow/near shore, or have been deposited on the shoreline or uplands within navigable waters of the City of Clearwater, as defined in City of Clearwater Code of Ordinances, Chapter 33. Removal includes any vessel add-ons, affixed to, or detached and associated displaced debris within a 300 feet radius from the main body of the vessel. For derelict vessels that have sunk in Clearwater’s jurisdictional waters and are approved for disposal, towing shall be directed to the Seminole Street Boat Ramp, located at 198 Seminole Street, Clearwater, FL 33755 or to a mutually agreed upon location. All vessels shall be removed from the boat ramp on the same day of arrival. If this is not feasible, the removal must be completed by the following day to prevent obstructing public access to the ramp. It is the Contractor’s responsibility to obtain all permits or permissions necessary to provide the required services. To be compensated for the removal of targeted vessels, the entire vessel shall be removed from the keel up. Emergency Removal/Towing: The Contractor shall mobilize forces and equipment to begin removal/towing activities within forty-eight (48) hours of notice and authorization from CPD or another participating city department, which could include work during nighttime, weekends, or holidays. In this case, a supplemental lump sum emergency mobilization fee per project is allowed. The CPD shall identify all emergency vessels to be removed. Health and Safety: The Contractor shall be responsible for the health and safety of its employees, and for ensuring that work is performed in compliance with all FL-OSHA, State, Federal and Local requirements, laws, statutes, codes, rules, and regulations including but not limited to 29 CFR 1910.120 (Hazardous Waste Operations and Emergency Response) and 29 CFR 1910.401, Subpart T, Commercial Diving (if applicable). The Contractor shall use safety signs, warning lights, temporary barriers, dive flags, or other appropriate markers around work areas as necessary to ensure the safety of both the public and workers. Environmental Impact: Work shall be conducted using appropriate Best Management Practices (BMP’s) to prevent turbidity/siltation/water quality violations and prevent damage to wetland areas, mangroves, seagrasses or other submerged aquatic resources. BMPs shall be based on Florida Department of Environmental Protection (FDEP) erosion control and turbidity prevention measures. Contractor shall not disturb, trim, cut back or remove mangrove vegetation without permission from Pinellas County. Other vegetation may be removed and disposed of or transplanted as may be required by law. The Contractor shall be aware of any protected v. 7.2024 20 vegetation laws. In addition, Contractor shall be aware of and comply with any laws regarding endangered species of vegetation or animals in or surrounding the targeted vessel(s). The County may require the Contractor to provide and properly install turbidity control devices around each vessel in order to prevent sediments and/or pollutants from escaping the work area. Vessels shall be removed with no impact to the coastal environment. Contractor is responsible for any damage to the environment which occurs as a result of work related to the removal. Any environmental impacts which have occurred prior to the start of removal work shall be documented with pre-removal photographs. Contractor is responsible for placing and maintaining all necessary barriers and/or turbidity controls and restore boat ramps and/or work areas to pre-work condition. License Requirement for Commercial Vessel Operation: The Contractor will ensure that the owner/operator of any un-inspected towing vessel at least twenty-six (26) feet in length, used in this project to remove vessels and other equipment, is in possession of at least a United States Coast Guard Issued “OUTV” (Operator Un-inspected Towing Vessel) License per Coast Guard Regulations (Regulation 46 U.S.C. 2101 (42)). Hazardous Materials onboard Abandoned Vessels: Targeted vessels may have an engine, battery, fuel, oil, or other hazardous items aboard. It is the responsibility of the Contractor to remove and properly dispose of any hazardous materials from vessels that meet this criteria. If the Contractor becomes aware of a hazardous substance spill, the Contractor shall take immediate and appropriate action as it shall be the Contractor’s responsibility to prevent, contain, or minimize a spill of hazardous substance. If the spill is found to be a result of the Contractor’s actions or negligence, the Contractor shall be held liable. Contractor shall determine if vessel contains pollutants that could be harmful to the environment if discharged during removal operations; remove pollutants prior to moving vessel and provide proper legal disposal. If any pollutant discharge occurs, Contractor shall immediately report this to the appropriate authorities, in addition to employing proper containment measures. Pollutants include, but are not limited to motor/vessel fuels, oils, and lead acid batteries. Containment booms and recoverable absorbent materials shall be available for spill response to contain and recover fuel or oil discharges that could occur during vessel recovery. Waste Manifest and Bill of Lading: The Contractor handling the disposition of the targeted vessel(s) will prepare a manifest with full responsibility resting on the Contractor. A “sign off” by the County’s Environmental Health HAZMAT Division will be required only when Hazardous Materials Incident occurs. All other Manifest or Bill of Lading will be “signed off” by CPD. Treatment Storage and Disposal Facilities (TSDF): It is the responsibility of the Contractor to select the Treatment Storage and Disposal Facility necessary to intake v. 7.2024 21 vessels containing hazardous waste(s). Contractor shall provide to the City all required certificates of such site(s) with submittal. The City shall not be responsible for additional costs incurred as a result of the TSDF refusing to take waste from the Contractor. Recycling: The City encourages the recycling of materials when feasible. The Contractor shall have the option of recycling any materials of the vessel. Disposal: Vessels shall be disposed of at all the Pinellas County Solid Waste Class III landfill, or any Class III landfill preapproved by the City of Clearwater. Contractor shall remove all contaminants from the vessel and remove any items not accepted at the landfill and dispose of properly and in accordance with all appropriate regulatory requirements. Contractor is responsible to prepare the vessel for disposal, transportation of the vessel to the landfill, and all disposal fees. Contractor shall provide CPD with a copy of landfill disposal receipts for each vessel, and any receipts for pollutant disposal or recycled materials, along with the photographs documenting destruction of the vessel. This documentation as well as all photos taken of the entire removal process shall be included in the post-removal reports submitted to CPD. Storage: Vessels shall be maintained in the same condition in which they were accepted until disposal process is complete. Contractor shall have an established, principal storage facility within the Tampa Bay area. The Contractor will be required to provide proof of ownership and/or valid lease agreements for the physical facility and property under Section 8. RESPONSE ELEMENTS, TAB 3 - Facilities and Equipment. The Contractor shall maintain these agreements during the entirety of the contract term. The Contractor’s storage facility will include a working alarm system to prevent unauthorized access, and the facility property shall be completely encircled by secure fencing, not less than six feet (6’) in height. The top of any fence or wall enclosure, including gate(s), door(s), or open areas without a roof, shall be equipped with at least twelve inches (12”) of barbed wire, or similar anti-intrusion barrier, which shall be installed in such a manner to discourage unauthorized entry. The Contractor shall be responsible for ensuring overall security of the property. Contractor’s facilities shall be configured to allow only authorized personnel with access. Access shall be adequately documented to meet the standards of chain of custody of evidence for criminal proceedings where applicable. The Contractor shall be able to supply identified CPD sworn officers with 24-hour access to the indoor facility. Property Restoration: Any damage to the City of Clearwater's infrastructure resulting from the work being performed, including but not limited to docks, pilings, gangways, v. 7.2024 22 floating docks, all attached hardware, and paved surfaces such as the asphalt parking pad and concrete boat trailer ramp, shall be repaired or replaced to its pre-work condition at the Contractor's expense in a timely manner. This work shall be completed promptly and without any additional cost to the City, ensuring that normal use of the facilities is not disrupted. Public Interaction: All work shall be completed in such a manner as to minimize disruption to boat ramps, boaters, and roadway traffic. Communications: The Contractor is required to have two-way communication at the job site(s). Two-way communications can be cellular, Marine Band, or other. Contractor shall provide a minimum of 48-hour notice of removals to allow for CPD or other City representatives to be present during operations. Subcontractors: The use of subcontractors shall be preapproved by the City of Clearwater. Photography: Contractor shall take detailed photographs documenting the pre-removal condition of the vessel, every stage of removal, and the post-removal environmental conditions for each removal. Photographs of the destruction of the vessel or of the intact vessel at the landfill or storage facility are required. All photos shall include date and time stamp and be submitted to CPD at the conclusion of each job. 5.4 Delivery Vessels shall be towed out of the water and delivered to the appropriate disposal or storage facility, as designated by CPD. 5.5 Minimum Qualifications Companies responding to this RFP will explain their experience with marine vessel removal, towing, storage, and disposal services in Section 8.2, Response Elements, Tab 2 - Qualifications and Experience. With the Qualifications statement, a minimum of three (3) references, preferably from other public entities within the State of Florida for which similar services have been provided, are required. INSURANCE REQUIREMENTS A list of Insurance Policies that may be required. 6.1 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 v. 7.2024 23 obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement: 6.2 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. 6.3 Marine General Liability (MGL) Coverage for at least $1,000,000 per occurrence / $2,000,000 aggregate, including coverage for: i. Contractual Liability. ii. Products and Completed Operations. iii. Bodily Injury and Property Damage. iv. Sudden and Accidental Pollution. In addition to the above coverage components, the City should be named as an Additional Insured, including a Waiver of Subrogation in the City’s favor as well as Primary and Non-Contributory wording. 6.4 Marina Operators Legal Liability Should have coverage for at least $5,000,000 per occurrence / $5,000,000 aggregate, with the City being named as an Additional Insured, as well as including a Waiver of Subrogation in the City’s favor and Primary and Non-Contributory wording. 6.5 Vessel Hull & Machinery P&I The following types of insurance are required: A. Protection & Indemnity Insurance (including crew): Liability for any third party bodily injury or property damage caused by the vessel, requiring minimum limits of $1,000,000. Contractor’s P&I coverage must include Jones Act coverage. B. Vessel Pollution Liability: For barges or vessels of any size, require Vessel Pollution Liability with limits equal to the required P&I limits. In this case, $1,000,000 would be the minimum limit acceptable. C. Hull & Machinery (H&M): Vessels to be insured for their Actual Cash Value. The City should be named as an Additional Insured on the P&I and Vessel Pollution Liability, including a Waiver of Subrogation in favor of the City as well as Primary and non-contributory wording. 6.6 Bombershoot (AKA Umbrella) This is an additional line of coverage that would sit over the Marine GL, P&I, EL and Vessel pollution, and operates similarly to that of an Umbrella policy. $1,000,000 would be our minimum requirement but recommend at least $5,000,000. 6.7 USL&H and Workers Compensation Prior to the commencement of work, the Contractor shall obtain Workers Compensation insurance with limits sufficient to respond to applicable state statutes. All of the Contractor’s employees as well as any subcontractor employees must be insured under USL&H where necessary. In addition, the Contractor shall obtain Employers’ Liability insurance. Coverage shall be maintained throughout the entire term of the contract. Minimum limit requirements are as followed: v. 7.2024 24 A. Part One: Statutory B. Part Two: Bodily Injury by Accident $ 500,000 C. Bodily Injury by Disease - Policy Limit $ 500,000 D. Bodily Injury by Disease - Each Employee $ 500,000 E. WCUSLH US Longshoreman & Harbor Workers Act – Same as Employers Liability F. WCJA Federal Jones Act – Same as Employers Liability 6.8 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. 6.9 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, 12-25 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. MILESTONES 7.1 Anticipated Beginning and End of Initial Term v. 7.2024 25 The initial term is estimated to be from May 2025 through April 2026. 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. 7.2 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. 7.3 Extension The City reserves the right to extend the term of this contract, provided however, that the City shall give written notice of its intentions to extend this contract no later than thirty (30) days prior to the expiration date of the contract. 7.4 Prices All pricing shall be firm for the initial term of two (2) or one (1) 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. RESPONSE ELEMENTS 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. 8.1 Proposal 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 26 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. 8.2 Proposal Format The following items shall be included in your proposal and uploaded into the specified section of the TAB 1 - Letter of Transmittal. A brief letter of transmittal should be submitted that includes the following information: a. The proposer's understanding of the work to be performed. b. A positive commitment to perform the service within the time period specified. c. The names of key persons, representatives, project managers who will be the main contacts for the City regarding this project. TAB 2 – Qualifications and Experience. The following information should be included: 1. A statement of qualifications, abilities, experience and expertise in providing the requested services. a. A description of what qualifies your company, financial and otherwise, to provide the City with these services for the required period of time, provide appropriate staffing, provide necessary resources and show a history of demonstrated competence. b. An assessment of the proposer’s abilities to meet and satisfy the needs of the City, taking into consideration the requested services, additional services and/or expertise offered that exceed the requirements, or the vendor’s inability to meet some of the requirements of the specifications. c. References – A minimum of three (3) references, preferably from other public entities within the State of Florida, for whom you have provided similar services. Include the name of entity, contact person’s names, phone numbers, e-mail addresses, mailing addresses, type of service provided, dates these services were provided. 2. Identification of senior and technical staff to be assigned to the City. Staff named in the proposal may not be substituted without permission of the City. Resumes, including relevant experience may be included. TAB 3 – Facilities and Equipment. Clearly describe the vessels, vehicles, trailers, equipment, and facilities intended to be used for the services listed herein. Provide pictures of vessels, trailers, equipment, established facilities, and other documentation, including certificates, to assist during proposal evaluations to include proof of ownership and/or valid lease agreements for facilities. TAB 4 - Capacity for Contract. Clearly describe your understanding of and ability to accommodate and respond to requests for Marine Vessel Removal, Towing, Storage and Disposal Services. TAB 5 - Pricing Sheet. Proposal should include the following elements: a. Section 5. Pricing Sheet shall be completed and included with response. b. A listing of any and all additional charges not specifically identified in Section 5. Pricing Sheet. TAB 6 - Other Forms. The following forms should be completed and signed: v. 7.2024 27 a. Scrutinized Companies Form(s) as required b. Compliance with Anti-Human Trafficking Laws Form as required c. Copies of licenses and or certifications if requested d. W-9 Form. Include a current W-9 form. (available at http://www.irs.gov/pub/irs-pdf/fw9.pdf) PRICING SHEET PRICING SHEET Line Item Description Unit Price Per Vessel Discount (%) 1 Derelict Vessel Removal & Disposal, including towing: < 20 feet $ 2 Derelict Vessel Removal & Disposal, including towing: 20-40 feet $ 3 Derelict Vessel Removal & Disposal, including towing: 41-60 feet $ 4 Derelict Vessel Removal & Disposal, including towing: > 60 feet $ 5 Towing only: < 20 feet $ 6 Towing only: 20-40 feet $ 7 Towing only: 41-60 feet $ 8 Towing only: > 60 feet $ PRICING FOR EMERGENCY MOBILIZATION AND STORAGE Line Item Description Service Unit Unit Price Discount (%) 1 Emergency Mobilization Fee: Lump Sum pricing per call 2 Storage pricing per day v. 7.2024 28 SUBMITTAL REQUIREMENTS 1 Exceptions* 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 v. 7.2024 29 When equals "Yes" 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. v. 7.2024 30 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. ☐ 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. 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 Scrutinized Company Certification* Please download the below documents, complete, and upload. • SCRUTINIZED_COMPANIES_AND_B... *Response required 7 Compliance with Anti-Human Trafficking Laws* Please download the below documents, complete, and upload. • Compliance_with_787.06_form... *Response required 8 Vendor's Proposal* v. 7.2024 31 Upload a copy of your proposal with the information requested as detailed in the solicitation titled 12-25 Marine Vessel Removal, Towing, Storage, and Disposal Services. *Response required 9 W-9* Upload your current W-9. *Response required Pricing Sheet Pricing for Emergency Mobilization and Storage PRICE TABLES Line Item Description Unit Price Per Vessel 1 Derelict Vessel Removal & Disposal, including towing: < 20 feet $$104.00 2 Derelict Vessel Removal & Disposal, including towing: 20-40 feet $$189.00 3 Derelict Vessel Removal & Disposal, including towing: 41-60 feet $$239.00 4 Derelict Vessel Removal & Disposal, including towing: > 60 feet $$289.00 5 Towing only: < 20 feet $$739.00 6 Towing only: 20-40 feet $$739.00 7 Towing only: 41-60 feet $$739.00 8 Towing only: > 60 feet $$739.00 Line Item Description Service Unit Unit Price 1 Emergency Mobilization Fee: Lump Sum pricing per call $189.00 2 Storage pricing per day $114.00 Marine Vessel Removal, Towing, Storage, And Disposal Services Client: City of Clearwater Tue, Feb. 4th, 2025 Job Quotation 1.00 6/25 CS rev.1 Staus: Final 7977 Barr Rd, Myakka City, FL 34251 USA Ph:+1. 813.321.3232 E: ofﬁce@divecom.us LP 188 Western Main Road Carenage, Trinidad W.I. Ph:+1.868.222.0027 E: trinidad@divecom.us www.divecom.us 1323 20th Ave East Palmetto, FL USA 34221 Ph:+1. 813.321.3232 E: ofﬁce@divecom.us LP 188 Western Main Road Carenage, Trinidad W.I. Ph:+1.868.222.0027 E: trinidad@divecom.us www.divecom.us Letter of Transmittal Divecom understands the critical nature of the work involved in the Marine Vessel Removal, Towing, Storage, and Disposal Services bid we are submitting. Our team is fully equipped and experienced to handle all aspects of the project, ensuring safe and efficient vessel removal, proper towing, secure storage, and environmentally responsible disposal. Divecom is committed to adhering to the timeline set forth by the City of Clearwater, completing all services within the required time limits without compromising on quality or safety. Our goal is to deliver reliable, timely, and compliant solutions for the city’s needs. Key Personnel Amelia Boersma - Business Owner Devin Boersma - Business Owner  Gregory Shank - Director of Operations / Primary Contact  Connor Summerson - Project Manager / Reporting & Documentation  Alberto Urruchurtu - Jobsite Supervisor 1323 20th Ave East Palmetto, FL USA 34221 Ph:+1. 813.321.3232 E: ofﬁce@divecom.us LP 188 Western Main Road Carenage, Trinidad W.I. Ph:+1.868.222.0027 E: trinidad@divecom.us www.divecom.us Qualifications & Experience Divecom brings extensive experience in derelict vessel removals, having successfully completed the previous derelict vessel contract with the City of Clearwater, where we demonstrated our ability to manage multiple projects/vessel removals with precision and efficiency. In addition, our team has completed numerous projects for the Florida Fish and Wildlife Conservation Commission (FWC) and the Florida Division of Emergency Management (FDEM), further solidifying our expertise in handling complex and challenging vessel removal operations. Our proven track record and commitment to high standards have earned us the trust of both local and state agencies. We look forward to continuing our partnership with the City of Clearwater and hope to be awarded this new contract to further maintain a safe and clean marine environment. 1323 20th Ave East Palmetto, FL USA 34221 Ph:+1. 813.321.3232 E: ofﬁce@divecom.us LP 188 Western Main Road Carenage, Trinidad W.I. Ph:+1.868.222.0027 E: trinidad@divecom.us www.divecom.us Divecom Derelict Vessel Experience References Name:Contact Information: Michael Macdonald Phone:(727)224-7005 City of Clearwater Director of Marine and Aviation Department Email: michael.macdonald@myclearwater.com - Divecom currently holds and maintains the active contract with the city of clearwater for derelict vessel removals, demolitions & disposals Name:Contact Information: Mike Levecque Phone:(727)464-8764 Pinellas County Marine Safety Coordinator Email: mlevecque@pinellas.gov - Divecom maintains a separate derelict vessel contract for Pinellas County waterways for removal, towing, storage & disposal of derelict vessels. Name:Contact Information: Michael Smith Phone: Pasco County Marine Safety Coordinator Email: msmith@pascocountyfl.net - Divecom frequently completes derelict vessel removals within Pasco County Florida. References Contract Project Manager Divecom Derelict Vessel Experience References Name:Contact Information: Gregory Shank Phone:(813)321-3232 Director of Operations Email: gshank@divecom.us 1323 20th Ave East Palmetto, FL USA 34221 Ph:+1. 813.321.3232 E: ofﬁce@divecom.us LP 188 Western Main Road Carenage, Trinidad W.I. Ph:+1.868.222.0027 E: trinidad@divecom.us www.divecom.us Divecom Vessel List: Name:Description: T-451: Marine Towing Vessel 37ft Uniflite Utility Boat 700hp Diesel T-453: Marine Towing Vessel 25ft Hydrosport Cuddy Cabin with Tow Bit - Single 225hp Honda Outboard T-455: Marine Towing Vessel 26.5' ft World Catamaran Tow Boat w/ Twin 200hp Honda Outboards T-456: Derelict Recovery Vessel Flat Bottom w/ Cabin - Twin 300hp Suzuki Outboards T-457: Derelict Recovery Vessel 27ft Aluminum Flat Bottom Barge - 150hp Honda Outboard T-458: Derelict Recovery Barge 31ft Aluminum Oil Spill Recovery Barge - twin 150hp Mercury Sea Pro Outboards T-459: Marine Towing Vessel 27ft World Catamaran Tow Boat - Twin 200hp Honda Outboards T-465A: Divecom Pin Barge A 10ft x 40ft - Pin Barge Outfitted For Derelict Vessel Demolition & Recovery T-465A: Divecom Pin Barge B 10ft x 40ft - Pin Barge Outfitted For Derelict Vessel Demolition & Recovery Equipment & Facili:es Divecom Heavy Equipment List: Name:Description: T-335: Roll-off Truck 2013 CAT CT660 ROLL-OFF TRUCK Rolloff Bins: Disposal 6x Rolloff Containers (30 Yard Bins) T-501: Skidsteer John Deere 317 G skid steer T-502: John Deere Excavator John Deere 75G Excavator(Bucket w/ Thumb) T-505: Tractor & Dump Trailer John Deere Tractor w/ dump trailer T-507: John Deere Excavator John Deere 75G Excavator(Claw Attachment) 1323 20th Ave East Palmetto, FL USA 34221 Ph:+1. 813.321.3232 E: ofﬁce@divecom.us LP 188 Western Main Road Carenage, Trinidad W.I. Ph:+1.868.222.0027 E: trinidad@divecom.us www.divecom.us Equipment & Facili:es 1323 20th Ave East Palmetto, FL USA 34221 Ph:+1. 813.321.3232 E: ofﬁce@divecom.us LP 188 Western Main Road Carenage, Trinidad W.I. Ph:+1.868.222.0027 E: trinidad@divecom.us www.divecom.us Equipment & Facili:es 1323 20th Ave East Palmetto, FL USA 34221 Ph:+1. 813.321.3232 E: ofﬁce@divecom.us LP 188 Western Main Road Carenage, Trinidad W.I. Ph:+1.868.222.0027 E: trinidad@divecom.us www.divecom.us We thank you for your consideration, and look forward to earning your business. Kindly at your service, Devin Boersma, Business Owner City of Clearwater Divecom Marine Services Call, Rosemarie From: Daniel Holuba <dholuba12@yahoo.com> Sent: Thursday, May 15, 2025 2:21 PM To: Call, Rosemarie Subject: 6,5 ID#25-0395 05-15-2025 MS Call, Please remove 6,5 ID#25-0395 from the consent agenda as I may very well speak to this item. VTY Mr. Holuba Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#25-0406 Agenda Date: 5/15/2025 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Public Utilities Agenda Number: 6.6 SUBJECT/RECOMMENDATION: Award a construction contract to Razorback, LLC of Tarpon Springs, FL, for Reverse Osmosis Plant 2 (RO2) Injection Well 1 (IW-1) Retrofit in the amount of $213,888.40 pursuant to Invitation to Bid (ITB) 20-0020 UT; approve Supplemental Work Order 2 to WSP USA, Inc. for construction oversight and SCADA programming for the RO2 IW-1 Retrofit, Project 20-0020-UT, in the amount of $57,043.80, increasing the project amount from $127,313.80 to $184,357.60 pursuant to the continuing contract awarded in Request for Qualifications (RFQ) 26-19, Engineer of Record Consulting Services (EOR) and authorize the appropriate officials to execute same. (consent) SUMMARY: Located at the RO2 facility, IW-1 is a Class 1 injection well that is used to dispose of concentrate, a byproduct of the water treatment process. This disposal method is commonly used at brackish water RO facilities due to the high amounts of salinity that must be removed during the treatment. The purpose of the RO2 IW-1 Retrofit Project is to reduce or eliminate air entrainment within the concentrate injection well. In October 2020, an initial work order, in the amount of $28,545.00, was approved for WSP Inc. to prepare a Basis of Design Report (BDR) which outlined potential solutions to address air entrainment in the injection well. The BDR recommended placing the injection well under vacuum (or “siphon”), installing a precision flow control valve, and incorporating additional programming to manage pressure and flow during concentrate disposal. On August 4, 2022, Supplemental Work Order 1 which included advanced design work and provided bidding support services based on the BDR recommendations, was approved by City Council in the amount of $98,768.80. This Supplemental Work Order (No. 2) was subsequently developed to include construction oversight services and SCADA system programming support integration of the flow control valve. WSP will subcontract with McKim & Creed (M&C) to perform construction administration services related to electrical and instrumentation and control (I&C) systems. M&C will also implement SCADA software updates, including PLC application modifications and Citect SCADA programming, enabling both manual and automatic valve operations and tank monitoring via the SCADA system. Public Utilities issued Invitation to Bid 20-0020-UT for construction services for this project, which closed on February 12th, 2025. Razorback LLC, of Tarpon Springs, FL submitted the lowest and only responsive bid in accordance with the plans and specifications. Following review, the Engineer of Record and City staff recommend awarding the construction contract to Razorback in the amount of $213,888.40. The City of Clearwater’s Public Utilities Department is responsible for owning, operating, and maintaining RO2. APPROPRIATION CODE AND AMOUNT: 3217321-530100-96767 $57,043.80 3217321-546700-96767 $213,888.40 Funds are available in capital improvement project 321-96767, RO Plant at Reservoir 2, to fund the work order. This project is funded by revenues from the Water and Sewer Utility Enterprise Fund. Page 1 City of Clearwater Printed on 5/13/2025 File Number: ID#25-0406 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 a Supplemental Work Order to WSP is requested. Page 2 City of Clearwater Printed on 5/13/2025 CONSULTANT WORK ORDER RO2 Injection Well (IW-1) Retrofit WSP-USA 20-0020-UT City of Clearwater Consultant Work Order Page 1 of 8 Revised: 10/27/2021 CONSULTANT WORK ORDER Supplement No. 2 Date:April 8, 2025 1.PROJECT INFORMATION: Project Title:RO2 Injection Well (IW-1) Retrofit City Project Number:20-0020-UT City Plan Set Number:2020014 Consultant Project Number: 31402378.003 2.SCOPE OF SERVICES: The City of Clearwater (City) requires modifications to the wellhead piping on injection well IW- 1 at the Reverse Osmosis Water Treatment Plant No. 2 (RO-2). The installation of a modulated flow control valve at the current location of a 10-inch diameter gate valve adjacent to the tee on the wellhead is proposed to regulate concentrate flow rates into the well and maintain a relatively constant level in the concentrate storage tank. The purpose of the wellhead improvements is to prevent cascading of water into the injection well. Concentrate flows via gravity into the well and the system has been operated for approximately eight months in this manner with flow rates adjusted manually by the WTP operations staff. WSP will utilize McKim & Creed (M&C) to provide electrical and instrumentation and control (I&C) design services. The CONSULTANT (WSP USA Inc.) performed inspections of the injection well and wellhead appurtenances to assess the work necessary to modify the wellhead. The results and recommended wellhead retrofit were provided in the report, RO-2 Injection Well Retrofit Basis of Design Report (WSP, 2021). Preliminary and final design of a flow control valve and the electrical and SCADA connections, and bidding services for a contractor to install the valve and electrical connections was completed under Supplemental Work Order No. 1. This Supplemental Work Order No. 2 scope was developed to provide construction oversight services and programming of the SCADA system to include the flow control valve. WSP will utilize McKim & Creed (M&C) to provide construction administration serves for the electrical and instrumentation and control (I&C) installation. Additionally, M&C will provide SCADA software implementation including PLC application modifications and Citect SCADA software updates. This will provide CONSULTANT WORK ORDER RO2 Injection Well (IW-1) Retrofit WSP-USA 20-0020-UT City of Clearwater Consultant Work Order Page 2 of 8 Revised: 10/27/2021 monitoring of the tank and valve operation as well as manual and automatic operation of the valve from the SCADA system. XII.CONSTRUCTION PHASE: Task 12.1: Project Management This task includes several activities associated with managing the project effectively. WSP will participate in a project kick-off meeting and two progress meetings with the City during the project to ensure that the process is moving along efficiently. This task also includes management of all in-house paperwork and electronic files, including invoices, written and telephonic communications and consultation between WSP, the City, and WSP’s electrical/I&C subconsultant staff. This task includes QA/QC review of all documents produced for the project. Overall project management of all activities is included here to make sure of necessary staffing when needed and to make sure that the project schedule is maintained, within budget, and in accordance with our contract with the City. Task 12.2: Construction Administration A.Pre-Construction Meeting WSP and M&C will attend the pre-construction meeting conducted by the City to establish construction procedures and lines of communications. We will attend one other meeting with the City for internal planning purposes. B.Shop Drawing and Other Submittal Reviews M&C will provide Electrical and I&C technical review of shop drawings, detailed construction drawings, and O&M manuals submitted by the Contractor. Submittal comments will be provided by WSP for response to the Contractor. Submittals are estimated as eight (8) total. C.Clarifications and RFI Responses WSP, with assistance from M&C, will respond to requests for information and/or clarification by the City and/or Contractor, assist with resolution of issues during construction and assist WSP in corresponding with the City and Contractor. RFIs and clarifications are estimated as five (5) total. D. WSP will provide up to three site visits during installation of the valve. E.Substantial and Final Completion Walk Through CONSULTANT WORK ORDER RO2 Injection Well (IW-1) Retrofit WSP-USA 20-0020-UT City of Clearwater Consultant Work Order Page 3 of 8 Revised: 10/27/2021 M&C will review the completed work as part of a site visit before substantial and final completion. M&C will contribute items to a punch list to be prepared by WSP for the Contractor. One follow-up inspection will be performed to assist with resolving punch list items. F.Record Drawings WSP and M&C will prepare Record Drawings from comments and red line drawings provided by the Contractor. Drawings will be provided in electronic format with digital sign and seal to include as part of the WSP record drawing submittal to the City. G. WSP will submit the notice of construction completions to the Florida Department of Environmental Protection. Task 12.3: SCADA Software Implementation A.SCADA Software Implementation 1.M&C will prepare a preliminary control narrative for the functional operation of the flow control valve for review and approval by the City. Comments will be reviewed as part of a conference call with WSP and the City, and a final control narrative will be prepared incorporating agreed upon comments. 2.M&C will implement software modifications for the PLC control panel application to control the flow control valve in manual and automatic mode. The installation of the modifications will be coordinated with the bid contractor to support any required control panel modifications. 3.M&C will implement modifications for the plant SCADA system software to provide manual and automatic operation of the flow control valve from the SCADA system. Modifications will include changes to the injection well graphic screen, creation of a valve control popup display and supporting database tags, trending, alarms, and scripting. B.Field Startup and Testing Services 1.M&C will monitor the operation of the software modifications as part of the bid contractor System Acceptance Test (SAT) demonstration testing of field signals to the PLC control panel 2.M&C will perform startup and testing of the control operation of the flow control valve from the SCADA system including PLC and SCADA software after completion of the contractor testing. CONSULTANT WORK ORDER RO2 Injection Well (IW-1) Retrofit WSP-USA 20-0020-UT City of Clearwater Consultant Work Order Page 4 of 8 Revised: 10/27/2021 C.Owner Training 1.M&C will perform training of the Owner’s operation and maintenance personnel for the flow control valve software implementation. 2.Operator Training will include two (2) two-hour sessions for a total of four (4) hours, performed on the same day and scheduled to accommodate the plant operations shift schedule. 3.Maintenance Training will include one (1) two-hour session, performed on the same day and in between the two operator training sessions. XIII.CONTINGENCY PHASE Task 13.1 Contingency Services This task is for additional services nor included in the existing scope that may be required as the project proceeds. This may include meetings, conference calls, or other follow-up written correspondence, etc. Contingency services will be billed as incurred only after written authorization provided by the City to proceed with those services. 3.PROJECT GOALS: WSP will provide the following deliverables: •All deliverables are intended as an electronic format unless noted otherwise •Meeting notes from the preconstruction meeting. Attendance at progress meetings is not included. •Shop drawing reviews •RFI responses •Preliminary and final punch list items •Electrical and I&C Record Drawings with digital sign and seal •Backup PLC programming and SCADA software application files 4.FEES: This price includes all labor and expenses anticipated to be incurred by WSP-USA for the completion of these tasks in accordance with Professional Services Method “A” – Hourly Rate, as described in the Agreement for Professional Services, for a fee not to exceed Fifty-seven thousand forty-three dollars and 80 cents ($57,043.80). CONSULTANT WORK ORDER RO2 Injection Well (IW-1) Retrofit WSP-USA 20-0020-UT City of Clearwater Consultant Work Order Page 5 of 8 Revised: 10/27/2021 5.SCHEDULE: Project schedule is primarily dependent on the Contractors schedule. The project is to be completed in 150 days from date of the preconstruction meeting. The project deliverables are to be phased as follows: 6.STAFF ASSIGNMENT: WSP’s Staff: Scott Manahan, P.E. – WSP Supervising Engineer Jeffrey M. Trommer, P.G. – WSP Project Manager Joshua Johns – WSP Hydrogeologist Mike Tweedel P.E. – I&C Group Leader, McKim & Creed City’s Staff: Jessica Ligenza Project Manager Fred Hemerick Public Utilities Manager Kaylynn Price Engineering Manager Richard G. Gardner, P.E.Public Utilities Director Michael Flanigan Public Utilities Assistant Director 7.CORRESPONDENCE/REPORTING PROCEDURES: Consultant’s project correspondence shall be directed to: Jeffrey Trommer, P.G. – WSP Project Manager Cc: Scott Manahan, P.E. – Project Engineer All City project correspondence shall be directed to: Jessica Ligenza – City Project Manager Richard Gardner, P.E. - Public Utilities Director Michael Flanigan – Public Utilities Assistant Director 8.INVOICING/FUNDING PROCEDURES: City Invoicing Code:3217321-530100-96767 For work performed, invoices shall be submitted monthly to: CONSULTANT WORK ORDER RO2 Injection Well (IW-1) Retrofit WSP-USA 20-0020-UT City of Clearwater Consultant Work Order Page 6 of 8 Revised: 10/27/2021 ATTN DIVISION CONTROLLER ATTN PU ENGINEERING 1650 N ARCTURAS AVE BUILDING C CLEARWATER, FL 33765-1945 EMAIL INVOICES: PUEngineering@MyClearwater.com Contingency services will be billed as incurred only after written authorization is 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. CONSULTANT WORK ORDER RO2 Injection Well (IW-1) Retrofit WSP-USA 20-0020-UT City of Clearwater Consultant Work Order Page 7 of 8 Revised: 10/27/2021 5.Consultants/Contractors are not permitted to use City-owned equipment (i.e. sampling equipment, etc.). 6.Documents posted on City website must ADA accessible. 11.ADDITIONAL CONSIDERATIONS: All work orders should include considerations for the following: 1.Sea Level Rise and Flood Resilience, as applicable. 2.Submittal of a Critical Path Method (CPM) Schedule(s). 3.Submittal of a Project Catalog with the following items, as appropriate: a.Data requests, assumptions, critical correspondence, meeting agenda, sign-in sheets, meeting minutes, document comment-response log(s), technical memorandum/reports, addenda, progress reports, regulatory correspondence, and other project-related documents. b.If construction project, also include design plans, conformed plans, change orders, field orders, RFIs, work change directives, addenda, progress reports, shop drawing and progress submittals, as-builts, record drawings, and other project-related documents such as O&M manuals and warranty information. c.At the conclusion of the project, ENGINEER will combine this information into a Project Catalog and submit to the City for review and comment. 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: The City is responsible for the following: Furnish available information about the existing facilities as requested by WSP Review and comment on WSP’s deliverables CONSULTANT WORK ORDER RO2 Injection Well (IW-1) Retrofit WSP-USA 20-0020-UT City of Clearwater Consultant Work Order Page 8 of 8 Revised: 10/27/2021 13.SIGNATURES: PREPARED BY:APPROVED BY: William S. Manahan, P.E.Richard Gardner, P.E. Supervising Engineer Public Utilities Director WSP-USA City of Clearwater April 8, 2025 Date Date ATTACHMENT “A” CONSULTANT WORK ORDER – PROJECT FEES TABLE RO2 Injection Well (IW-1) Retrofit WSP-USA 20-0020-UT City of Clearwater Consultant Work Order – Project Fees Table Page 1 of 1 Revised: 10/27/2021 CONSULTANT WORK ORDER PROJECT FEES TABLE Task Description Subconsultant Services Labor Total XII Construction Phase 12.1 Project Management $2,720 $2,720 12.2 Construction Administration $13,875 $9,800 $23,675 12.3 SCADA Implementation $24,463 $1,000 $25,463 Construction Services Total:$51,858 XIII. Contingency Phase 13.1 Contingency Services (10% of Tasks 12.1 – 12.3 Total) $5185.80 $5,185.80 Contingency Services Total:$5,185.80 SUBTOTAL, LABOR AND SUB-CONTRACTORS:$57,043.80 5.0 Permit Fees 6.0 Other Direct Costs (prints, photocopies, postage, etc.) (Not applicable to lump sum Work Orders) GRAND TOTAL:$57,043.80 This estimate includes all labor and expenses anticipated to be incurred by WSP-USA for the completion of these tasks in accordance with Professional Services Method “A” – Hourly Rate, as described in the Agreement for Professional Services. ATTACHMENT “B” CONSULTANT WORK ORDER – CITY DELIVERABLES RO2 Injection Well (IW-1) Retrofit WSP-USA 20-0020-UT City of Clearwater Consultant Work Order – City Deliverables Page 1 of 1 Revised: 10/27/2021 CONSULTANT WORK ORDER CITY DELIVERABLES 1.FORMAT: The design plans shall be compiled utilizing the following methods: 1.City of Clearwater CAD standards. 2.Datum: Horizontal and Vertical datum shall be referenced to North American Vertical Datum of 1988 (vertical) and North American Datum of 1983/90 (horizontal). The unit of measurement shall be the United States Foot. Any deviation from this datum will not be accepted unless reviewed by City of Clearwater Engineering/Geographic Technology Division. 2.DELIVERABLES: The design plans shall be produced on bond material, 24" x 36" at a scale of 1" = 20’ unless approved otherwise. Upon completion the consultant shall deliver all drawing files in digital format with all project data in Autodesk Civil 3D file format. NOTE: If approved deviations from Clearwater CAD standards are used the Consultant shall include all necessary information to aid in manipulating the drawings including either PCP, CTB file or pen schedule for plotting. The drawing file shall include only authorized fonts, shapes, line types or other attributes contained in the standard release of Autodesk, Inc. software. All block references and references contained within the drawing file shall be included. Please address any questions regarding format to Mr. Tom Mahony, at (727) 562-4762 or email address Tom.Mahony@myClearwater.com. All electronic files (including CAD and Specification files) must be delivered upon completion of project or with 100% plan submittal to City of Clearwater. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#25-0385 Agenda Date: 5/15/2025 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Public Utilities Agenda Number: 6.7 SUBJECT/RECOMMENDATION: Authorize a purchase order to Razorback LLC for Clarifier Maintenance and Services in the annual not-to-exceed amount of $515,000.00 with the option for two one-year renewals pursuant to ITB 15-25 and authorize the appropriate officials to execute same. (consent) SUMMARY: Invitation to Bid (ITB) #15-25, Clarifier Maintenance and Services, was issued on March 4, 2025. The City received three responsive bids on April 3, 2025, with Razorback LLC submitting the lowest responsive and responsible bid in accordance with the specifications for providing preventative maintenance, repair, and emergency services for 14 clarifiers located at the Northeast, East, and Marshall Street Water Reclamation Facilities. Clarifiers are essential components of the wastewater treatment process, separating solids and impurities from wastewater through gravity settling. This process enables the removal of settled solids and allows the clarified water to undergo further treatment. The initial contract term will commence on May 16, 2025, and continue through May 15, 2026, with the option to renew for up to two additional one-year terms at the City’s discretion. APPROPRIATION CODE AND AMOUNT: Funds for the current year (FY2024/25) are available in Public Utilities’ cost centers, cost code 550400 operating supplies and 546200 repairs & service-equipment. Funding for future fiscal years (FY26 through FY28) will be requested within the contract calendar and spending limits. The Public Utilities department is funded by revenues from the Water and Sewer Utility Enterprise Fund. STRATEGIC PRIORITY: Establishing this contract meets the City’s strategic objective of Environmental Stewardship by ensuring our plants and facilities are always operational and running at peak capacity and performance, guarding against potential spills that could negatively impact our surrounding estuaries and community. It also satisfies the strategic objective of High Performing Government by providing a high level of service to our residents and maintaining vital infrastructure. Page 1 City of Clearwater Printed on 5/13/2025 1) DPS Equipment Services 2) Drive Tech Service Inc. PO Box 55 711 Commercial Dr Caledonia, IL 61011 Holly Hill, FL 32117(815)980-8844 (801)870-1387 3) Razorback LLC 177 Anclote Road Tarpon Springs, FL 34689 ADVERTISED: TAMPA BAY TIMES 3/12/2025 POSTED:myclearwater.com 3/4/25-4/3/25 Due/Opening: April 3, 2025; 10:00 a.m. INVITATION TO BID No. 15-25 CLARIFIER MAINTENANCE AND SERVICES Solicitation Response Listing FOR THE CITY OF CLEARWATER DPS Equipment Services Drive Tech Service Razorback LLC Line ItemDescription Quantity Unit of Measure Unit Cost Unit Cost Unit Cost 1 Walker RSMTP Clarifier 100’ 4 Flat Fee $5,800.00 $24,418.25 $3,500.00 2 Walker RSMTP Clarifier 75'4 Flat Fee $5,800.00 $24,418.25 $3,250.00 3 Ovivo EWT type C3D Clarifier 75’ 4 Flat Fee $5,800.00 $24,418.25 $3,000.00 4 Evoqua Tow-Bro Circular Clarifier 100’ 2 Flat Fee $5,800.00 $24,418.25 $9,000.00 DPS Equipment Services Drive Tech Service Razorback LLC Line ItemDescription Estimated QuantityUnit of Measure Unit Cost Unit Cost Unit Cost 1 Technician 600 Per Hour $1,200.00 $550.00 $120.00 2 Technician 100 Per Hour $1,200.00 $550.00 $140.00 DPS Equipment Services Drive Tech Service Razorback LLC Line ItemDescription Unit of Measure Total Total Total 1 Repair Components Allowance $200,000.00 $200,000.00 $200,000.00 2 New Equipment Allowance $100,000.00 $100,000.00 $100,000.00 DPS Equipment Services Drive Tech Service Razorback LLC Line ItemDescription Unit of Measure Percentage Percentage Percentage 1 Repair Components Markup Not to exceed 10%10.%8.%10.% 2 New Equipment Markup Not to exceed 10%10.%8.%10.% DPS Equipment Services Drive Tech Service Razorback LLC Bid Totals:$1,131,200.00 $1,050,855.50 $473,000.00 Indicates Intent to Award Annual Preventative Maintenance Hourly Compensation (FOR WORK HOURS NOT COVERED BY PREVENTATIVE MAINTENAN Parts Allowance Repair Parts Markup April 22, 2025 NOTICE OF INTENT TO AWARD Public Utilities and the Procurement Division recommend award of ITB No. 15-25, Clarifier Maintenance and Services, to Razorback LLC, of Tarpon Springs, Florida, the lowest most responsible bidder, in accordance with the bid specifications, in the cumulative annual amount of $515,000.00, for a period of one (1) year, with two (2), one (1) year renewal options. This Award recommendation will be considered by the City Council at the May 12, 2025, Work Session (1:30 p.m.) and voted on at the May 15, 2025, Council Meeting (6:00 p.m.). These meetings are held at Clearwater Main Library, at 100 N. Osceola Ave., Clearwater, FL 33755. Inquiries regarding this Intent to Award can be directed to the City’s Procurement Analyst at Milisa.Harris@myclearwater.com 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 v. 7.2024 Procurement Division PO Box 4748 33758-4748 Clearwater FL 727-562-4630 INVITATION TO BID 15-25 CLARIFIER MAINTENANCE AND SERVICES NOTICE Tuesday, March 4, 2025 NOTICE IS HEREBY GIVEN that sealed bids will be received by the City of Clearwater (City) until 10:00 am, Local Time, on Thursday, April 3, 2025 to provide: The City of Clearwater’s is soliciting bids from qualified vendors to provide comprehensive clarifier maintenance services at its three (3) Water 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/149697. 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/149697. 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: Thursday, April 3, 2025 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 1255 Cleveland St, 3rd FL Clearwater FL 33755 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/149697 to view the Procurement Division's Intent to Award postings. 2.25 ITB Timeline Dates are tentative and subject to change. Release ITB: March 4, 2025 Advertise Tampa Bay Times: March 12, 2025 Question Submission Deadline: March 24, 2025, 10:00am Due Date & Time for Submissions and Opening: April 3, 2025, 10:00am Review Bids: 04/03/2025 - 04/17/2025 v. 7.2024 7 Council Authorization: May 2025 Contract Begins: May 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. 3.8 Amendments v. 7.2024 8 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 awarded companies are expected to perform the following work as tasked by the City. Estimated Annual requirements for each task element is indicated in the PRICING SHEET: 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 118,463 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 City of Clearwater (the City) is soliciting bids from qualified vendors to provide comprehensive clarifier maintenance services at its three (3) Water Reclamation Facilities (WRF). The clarifiers are essential components of the wastewater treatment process, operating continuously (24/7) to effectively separate sludge from treated water, subsequently producing higher-quality effluent. The awarded vendor shall be responsible for performing annual inspections, drive maintenance, and necessary repairs on the clarifiers to ensure optimal operation and longevity of the equipment. Previous Bid Tabulation: Please note that this is the first solicitation for these services and there is no previous bid tabulation available. 4.3 DETAILED SPECIFICATIONS The vendor shall be responsible for performing clarifier maintenance services as outlined in the following specifications. These services may include, but are not limited to, the following: v. 7.2024 17 A. Annual Inspection: • Conduct an extensive visual inspection of the clarifier structure, including but not limited to the tank, weirs, sludge blankets, and influent and effluent structures. • Perform mechanical testing and inspection of clarifier drives, connections, and associated equipment. • Verify the calibration of measuring devices used within the clarifier process. • Examine return activated sludge (RAS) and waste activated sludge (WAS) pumping systems integrity. B. Drive Maintenance: • Perform lubrication and maintenance of drive components as per manufacturer specifications, ensuring proper functioning of all mechanical elements. • Inspect and adjust the drive belts and replace any that are worn or damaged. • Test drive unit performance and response for proper torque and operational speed. • Document all maintenance activities in detail. C. Repairs: • Conduct all necessary repairs identified during inspections or maintenance activities to restore functionality. • Utilize Original Equipment Manufacturer (OEM) parts wherever possible for repairs to ensure compatibility and maintain operational efficiency. • Provide detailed written reports of all repairs conducted, including the nature of the problem, steps taken to resolve it, and any relevant findings. 4.4 SITE LOCATIONS AND DETAILS The following outlines the locations and inventory of service requirements. The City reserves the right to add and/or delete clarifiers from the contract with thirty (30) days written notice. East Water Reclamation Facility (EWRF) 3144 Gulf to Bay Blvd. Clearwater, Florida 33759 Two (2) Clarifiers v. 7.2024 18 Description Manufacturer Model Diameter (Ft.) Clarifier #1 Evoqua Tow-Bro Circular Clarifier 100 Clarifier #2 Evoqua Tow-Bro Circular Clarifier 100 Marshall Street Water Reclamation Facility (MSWRF) 1605 Harbor Drive Clearwater, Florida 33755 Four (4) Clarifiers Description Manufacturer Model Diameter (Ft.) Clarifier #1 Walker RSMTP Clarifier 100 Clarifier #2 Walker RSMTP Clarifier 100 Clarifier #3 Walker RSMTP Clarifier 100 Clarifier #4 Walker RSMTP Clarifier 100 Northeast Water Reclamation Facility (NEWRF) 3290 S.R. 580 Safety Harbor, Florida 34695 Eight (8) Clarifiers Description Manufacturer Model Diameter (Ft.) Clarifier #1 (North) Walker RSMTP Clarifier 75 Clarifier #2 (North) Walker RSMTP Clarifier 75 Clarifier #3 (North) Walker RSMTP Clarifier 75 Clarifier #4 (North) Walker RSMTP Clarifier 75 Clarifier #5 (South) Ovivo EWT type C3D Clarifier 75 Clarifier #6 (South) Ovivo EWT type C3D Clarifier 75 v. 7.2024 19 Clarifier #7 (South) Ovivo EWT type C3D Clarifier 75 Clarifier #8 (South) Ovivo EWT type C3D Clarifier 75 4.5 INSPECTION SCHEDULE Contract shall be structured around annual inspection and maintenance for each clarifier. Upon award, the vendor shall submit a proposed annual schedule for approval by the City Representative. Once both parties approve the schedule, any changes to it shall receive written authorization from designated representatives. It is preferred that maintenance be phased during the dry season for scheduled preventative maintenance, inspections, and any approved necessary repairs. The City reserves the right to modify the submitted schedule to ensure proper treatment and safety. Wastewater treatment plants must remain operational during maintenance activities. Therefore, only one (1) clarifier at EWRF, one (1) clarifier at MSWRF, and two (2) clarifiers at NEWRF may undergo preventative maintenance at any given time. After completing work on a clarifier and returning it to service, a minimum of three (3) days shall be allowed for the City to drain and prepare the next clarifier for scheduled preventative maintenance. The city prefers to adhere to the rotation outlined below: East Clarifier #1 NE Clarifier #1 East Clarifier #2 Marshall Street #1 NE Clarifier #2 NE Clarifier #3 Marshall Street Clarifier #2 NE Clarifier #4 NE Clarifier #5 Marshall Street Clarifier #3 NE Clarifier #6 NE Clarifier #7 Marshall Street Clarifier #4 NE Clarifier #8 4.6 REGULATORY STANDARDS v. 7.2024 20 The vendor shall adhere to all local, state, and federal regulations, standards, and guidelines related to wastewater treatment facility operations, including but not limited to: A. American National Standards Institute (ANSI) Standards B. Occupational Safety and Health Administration (OSHA) Regulations C. National Association of Clean Water Agencies (NACWA) Guidelines D. Environmental Protection Agency (EPA) Laws and Regulations In addition, all work performed shall conform to best management practices as established by the American Water Works Association (AWWA) Service Requirements. The vendor shall provide the following service examples as a minimum expectation: A. Comprehensive service records shall be maintained, detailing inspections, maintenance activities, and completed repairs. These records shall be submitted to the City upon completion of each service cycle. B. Emergency services shall be available 24/7 to address urgent clarifier issues that may arise, which could impact the wastewater treatment process. C. Vendor staff shall possess valid certifications and qualifications related to wastewater treatment and specific clarifier operations. 4.7 SERVICE REQUIREMENTS The successful vendor shall provide all labor, supervision, materials, supplies, equipment, tools, disposal, freight, travel, and any other items required to perform the services requested by the City. This includes supplying all necessary equipment, such as a crane and lubrication materials, to complete the tasks. No work shall be performed without prior written approval from a City-designated representative. The City shall not be obligated to pay for any work that is not approved in advance. As part of the annual inspection and maintenance routine, the permanent well point system at the EWRF shall be operated whenever buoyancy risks are identified. The vendor is responsible for activating and operating the well point system to ensure clarifier stability during high water table conditions or other situations that increase buoyancy risk. The vendor shall perform any necessary dewatering operations using the permanent well point system to prevent clarifier displacement. This includes fully disassembling and cleaning all header sections, power washing internal chambers, and clearing clogged orifices. All clarifiers shall be inspected for damage or corrosion, rebalanced, and restored to meet service manual specifications. The vendor shall examine the skimmer's interaction with the scum trough and replace any rubber wipers as needed. Each clarifier drive system shall be drained and lubricated. The intermediate and main gear assemblies shall be fully disassembled, with internal housings, shafts, and gears thoroughly cleaned using a solvent. Reassembly of the gear assemblies shall follow inspection and approval by the City. v. 7.2024 21 All materials used in replacement parts shall be new and approved by a City Representative. A markup on replacement parts, or equipment shall be allowed based on an agreed markup percentage (not to exceed 10%) with the original receipts furnished to the City Representative. Services shall be conducted at each on-site facility unless approval is granted to perform repairs at the vendor’s facility. Vendor shall dispose of material in accordance with applicable State and Federal rules, laws and regulations. 4.8 HOURS OF WORK The standard hourly rate applies during the City's regular operating hours (7:00 AM to 3:30 PM, Monday– Friday). However, contractors may work during the City's construction hours (7:00 AM to 6:00 PM, Monday– Friday) with pre-approval from the Authorized City Representative. Requests for extended hours must be submitted at least 48 hours in advance. Approved extensions will be billed at the standard hourly rate. Weekend work (7:00 AM to 6:00 PM) is allowed with prior approval from the Authorized City Representative. Requests for weekend work must be submitted at least fourteen (14) days in advance. All pre-approved extended working hours will be billed at the standard hourly rate. 4.9 VENDOR RESPONSIBILITIES At a minimum the vendor shall provide and meet the following responsibilities: The vendor shall be capable of responding to any clarifier location within forty-eight (48) hours in the event of an emergency. The vendor shall ensure that all personnel log their entry and exit at each facility. Prior to annual inspections, vendor shall install pump and attach to permanent well points before City drains clarifier. Services shall include, but not be limited to the following regarding maintenance: • Drain oil from primary reducer • Drain oil from intermediate drive section • Drain oil from final drive section • Flush all drive sections • Fill primary reducer to middle of reducer site glass • Fill final to groove level indicator • Remove chain guard and shear pin • Grease shear pin sprocket fitting • Grease input and output fittings on intermediate drive • Remove and test micro switches per procedure • Perform a general cleaning and solvent wipe of the drive • General clean and solvent wipe of drive v. 7.2024 22 • After maintenance is completed, the vendor shall realign the equipment to its original installation specifications as outlined in the original equipment Operation and Maintenance Manual • Preventive maintenance shall receive approval from City Representative before any Preventative Maintenance (PM) services begin After completing inspection and preventive maintenance activity for each clarifier, the vendor shall provide a typed report outlining the maintenance steps performed and any observations noted during the process. Submit a detailed inspection report to the city summarizing all findings within ten (10) days of completing the activity. Report shall include a detailed list of recommended repairs and/or improvements, along with cost estimates. Repairs shall be performed on an as-needed basis and shall receive prior approval from the City Representative before work begins. Services shall include, but are not limited to, the following: • Replacement of parts in accordance with preventative maintenance • Sandblasting and repainting • Drive rebuilding to including replacement of all seals, bearings, races, sprockets, chain, dust shields (replaced with stainless steel), strip liners, and gaskets • Disassembly of the worm tower and spur gear assemblies • Solvent cleaning of housings, gears, and shafts • Relocation and/or replacement of sealing surfaces of the input and output shafts • Re-leveling of the drive assembly, drive cage, scum blades, and skimmers Each requested maintenance procedure and/or item shall be annotated to confirm that all tasks have been completed. The vendor shall maintain comprehensive written records of all checks, tests/results, adjustments, as- found/as-left settings, service dates, and quantities of supplies and materials used. Records shall be maintained in both electronic and hard copy formats, as required by the city, for entry into the City’s Computerized Maintenance Management System (CMMS). The vendor is responsible for completing and maintaining CMMS forms provided to the City and shall submit them upon city request. Records shall be certified and initialed by the technician responsible and submitted with invoices before payment is made for services rendered. 4.10 CITY RESPONSIBILITIES At a minimum, City shall provide and meet the following responsibilities: Drain, wash down, and prepare each clarifier for preventive maintenance. Disconnect water, electrical, and sludge monitoring connections from the bridge if it is determined that the bridge needs to be removed. Essential preparations to enable the inspection and/or maintenance of the clarifiers. 4.11 EMERGENCY REPAIRS v. 7.2024 23 Awarded Vendor shall be available to provide emergency maintenance services within forty-eight (48) hour notification from the city. Emergency work shall be carried out upon receiving written and/or verbal authorization from the City Representative. The vendor shall not proceed with any repair requests without confirmation from an authorized City Representative. Once emergency repairs on clarifiers begin, work shall continue until completion unless the City directs an alternative course of action. In emergency situations, the City reserves the right to engage another service vendor if the selected Vendor is unable to respond within forty-eight (48) hours. 4.12 FACILITY REQUIREMENTS Vendor shall have adequate facilities, tools, products, equipment, and vehicles to provide services needed to meet the requirements of services outlined in the specifications. 4.13 EQUIPMENT/VEHICLES All equipment and vehicles shall be in optimal operating condition, free of oil and fluid leaks, and properly maintained to ensure safety of City residents, City personnel, and Vendor personnel. All vehicles used under this contract shall prominently display the company name, logo, and telephone number on both sides. Vehicles shall be clean, well-maintained, painted to present a neat, professional appearance, and free of any leaking fluids. The Vendor is required to provide all equipment that may be necessary to provide all services specified herein. Shipping or transportation of equipment shall be at the vendor's expense. 4.14 SECURITY/SAFETY The successful vendor shall be solely responsible for the means, methods, techniques, procedures, and safety measures involved in performing the services, ensuring compliance with all local, city, county, state and federal regulations. Vendor personnel shall work closely with City staff to minimize any safety hazards or equipment shutdowns. All equipment and/or work areas shall be left in a clean and safe environment. Vendor shall be responsible for training and instructing all workers, employees, and sub vendors on the necessary job safety standards. Upon request, the vendor shall demonstrate to the City's satisfaction the programs, procedures, and activities implemented to ensure compliance. Vendor shall supply and wear the required personal protective equipment (PPE) while performing services under this contract. Vendor shall maintain a high standard of cleanliness. Spillage of products (i.e., grease, sealant), tools, and miscellaneous materials (i.e., used parts, towels, trash) shall be removed from equipment and City property upon completion of services. The disposal of waste shall comply with all local, county, city, state, and federal laws. 4.15 SUBCONTRACTORS v. 7.2024 24 Subcontractors may be employed to perform preventive maintenance or repairs covered by this contract, provided the City grants prior written approval. The vendor shall be fully capable of meeting all contract requirements with its own staff, limiting subcontracted services to no more than 49%. All contracts between the vendor and its subcontractors shall incorporate the terms and conditions of this Agreement, ensuring compliance with the City’s standards. Exceeding the 49% limit without authorization from the City may lead to termination of the contract. If the City grants authorization for the vendor to subcontract diagnosis and repair, an estimate, including a mark-up not exceeding 5% of the actual cost, shall be submitted for approval prior to work commencing. 4.16 MINIMUM QUALIFICATIONS Vendors shall have a minimum of five (5) years of experience providing maintenance and service to clarifiers or similar equipment. All technicians performing work under this contract shall be “confined space” certified with yearly certification. Copy of “confined space" certification shall be submitted with bid. 4.17 REFERENCES Vendors shall provide with bid submittal a minimum of three (3) references in which similar services have been provided in the last five (5) years. No City of Clearwater references should be used. 4.18 INVOICES The Vendor shall provide detailed, itemized invoices to the City representative for all work performed. Invoices shall include labor hours for the services rendered, detailed part information (including part numbers, list prices, discount percentages, and discounted prices for the city), and other relevant details. Invoices should also specify the purchase order number, labor time and charges, itemized parts and materials at the vendor’s cost, and any markup applied to parts and materials. 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. v. 7.2024 25 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 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. 5.5 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 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. 5.6 Waiver of Subrogation With regard to any policy of insurance that would pay third party losses, Contractor hereby grants City a waiver of any right to subrogation which any insurer of the Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect such waiver, but this provision shall apply to such policies regardless of whether or not the city has received a waiver of subrogation endorsement from each insurer. 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, 15-25 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. v. 7.2024 26 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 6.1 Anticipated Beginning and End of Initial Term The initial term is estimated to be from May 2025 through April 2026. 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 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. 6.3 Extension The City reserves the right to extend the term of this contract, provided however, that the City shall give written notice of its intentions to extend this contract no later than thirty (30) days prior to the expiration date of the contract. 6.4 Prices All pricing shall be firm for the initial term of one (1) year except where otherwise provided by the specifications, and include all transportation, insurance and warranty costs. The City shall not be invoiced at prices higher than those stated in any contract resulting from this proposal. A. The Contractor certifies that the prices offered are no higher than the lowest price the Contractor charges other buyers for similar quantities under similar conditions. The Contractor further agrees that any reductions in the price of the goods or services covered by this proposal and occurring after award will apply to the undelivered balance. The Contractor shall promptly notify the City of such price reductions. B. During the sixty (60) day period prior to the renewal anniversary of the contract effective date, the Contractor may submit a written request that the City increase the prices in an amount for no more than the twelve month change in the Consumer Price Index for All Urban Consumers (CPI-U), US City Average, All Items, Not Seasonally Adjusted as published by the U.S. Department of Labor, Bureau of Labor Statistics for Tampa-St. Petersburg-Clearwater, FL (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. v. 7.2024 27 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. 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 Clarifier Maintenance and 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 ANNUAL PREVENTATIVE MAINTENANCE Line Item Description Quantity Unit of Measure Unit Cost Total 1 Walker RSMTP Clarifier 100’ 4 Flat Fee 2 Walker RSMTP Clarifier 75' 4 Flat Fee 3 Ovivo EWT type C3D Clarifier 75’ 4 Flat Fee 4 Evoqua Tow-Bro Circular Clarifier 100’ 2 Flat Fee HOURLY COMPENSATION (FOR WORK HOURS NOT COVERED BY PREVENTATIVE MAINTENANCE) – QUANTITY IS BASED ON THREE (3) TECHNICIANS v. 7.2024 28 NOTE: Hourly rates will begin once work commences and end once work concludes at City facilities. No additional time, including travel time, will be allowed without prior authorization. Line Item Description Type Estimated Quantity Unit of Measure Unit Cost Total 1 Technician Standard 600 Per Hour 2 Technician Emergency 100 Per Hour PARTS MARKUP (OUTSIDE OF PREVENTATIVE MAINTENANCE SERVICES) Not to exceed 10% Line Item Description Estimated Quantity Unit of Measure Mark up Total 1 Repair Components 200,000 Allowance 2 New Equipment 10,000 Allowance REPAIR PARTS MARKUP (OUTSIDE OF PREVENTATIVE MAINTENANCE SERVICES) Not to exceed 10% Line Item Description Unit of Measure Percentage 1 Repair Components Markup Not to exceed 10% 2 New Equipment Markup Not to exceed 10% SUBMITTAL REQUIREMENTS 1 Exceptions* 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" v. 7.2024 29 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" 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: v. 7.2024 30 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. ☐ 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. 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. v. 7.2024 31 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 Scrutinized Company Certification* Please download the below documents, complete, and upload. • SCRUTINIZED_COMPANIES_AND_B... *Response required 8 Compliance with Anti-Human Trafficking Laws* Please download the below documents, complete, and upload. • Compliance_with_787.06_form... *Response required 9 Minimum Qualifications* Confined Space Certification *Response required 10 W-9* Upload your current W-9 form. (available at http://www.irs.gov/pub/irs-pdf/fw9.pdf) *Response required v. 7.2024 32 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#25-0263 Agenda Date: 5/15/2025 Status: Public HearingVersion: 1 File Type: Action ItemIn Control: Public Works Agenda Number: 7.1 SUBJECT/RECOMMENDATION: Declare as surplus and approve the Sale of City of Clearwater improved S Garden Avenue Right of Way to the sole adjacent landowner Church of Scientology Flag Services as further defined “All of the right-of-way (ROW) of Garden Avenue abutting lots 6-11 together with that portion abutting the vacated 15-foot alley lying between lots 10 and 11 of Court Square Subdivision as recorded in Plat Book 5, Page 53 of the Public Records of Pinellas County, Florida,” containing 0.65 Acres ±, and authorize the appropriate officials to execute same. (APH) SUMMARY: On December 5, 2024, the Church of Scientology Flag Service Organization submitted an application to vacate City ROW, located at South Garden Avenue between Court Street and Franklin Street to develop the parcel into an Entry Plaza and Performance Hall with acceptance of all City contingencies as they may apply. The Buyer’s design firm shared a concept site plan that may not necessarily represent the final project site design. On March 17, 2025, City Council approved at 1st reading, the vacation of this portion of Garden Avenue. The next step in the process is for Council’s consideration of the negotiated sale and surplus of this improved ROW. The City is the fee-simple owner of this land by statute since the right of way has been fully improved and maintained for a significant period. The area proposed to be vacated contains .65 acres more or less, including 22 city-paid parking spaces. The following mutually agreed-upon Terms and Conditions should be mentioned: Purchase Price: The purchase price of this ROW shall be the full appraised value of One Million Three Hundred Seventy-Five ($1,375,000.00) dollars. Appraised Market Value: The ROW current market value is one million three hundred seventy-five thousand dollars ($1,375.000.00) by Richard Tobias, a Florida MAI-certified licensed appraiser. Special Warranty Deed: Both parties have agreed to issue and accept this deed type. Blanket Utility Easement Reservation: This open-ended clause protects all current and planned future utility relocations at no cost to the city. The reservation will terminate upon City approvals. Parking Revenue: The City has full use with associated payments until such time a Temporary Construction Easement (TCE) has been properly issued. Right of Inspection, Buyer’s Termination & Indemnification: The applicant has up to 60 days after the execution of this Contract to complete its “Inspection Period”. The applicant may “Terminate” this Contract during its inspection period for any reason, or for no reason. This Agreement and its companion Vacation Ordinance 9812-25 shall be Null and Void upon any termination. Indemnification: The applicant agrees to indemnify, protect, defend, and or hold the Seller (City) harmless from all circumstances to include City attorney fees. Page 1 City of Clearwater Printed on 5/13/2025 File Number: ID#25-0263 Frontier Communication Objection Letter - The buyer received a “Letter of Objection” and agrees to either pay to relocate Frontier utilities or grant an Easement to Frontier. Building Permit Times & Extension Fee: The parties have mutually agreed that the applicant will obtain all necessary “Building Permits” on or before December 31, 2029, and substantially complete construction to the degree of “beneficial occupancy” on or before December 31, 2031. Should this not occur, the applicant can two (2) times extend this agreement by an “Extension Fee” to the City of three hundred thousand ($300,000.00) dollars by December 31 of that calendar year preceding that extension year. Should the applicant decline or not timely make this payment, except by City default, then all City pre & post Agreements shall terminate. If the final related Closing does not occur by December 31, 2033, the City has the unilateral right to terminate this Contract and its companion Vacation without penalty. City staff have reviewed and approve this contingent Surplus and Sale. USE OF RESERVE FUNDS: N/A STRATEGIC PRIORITY: 1. High Performing Government:  Embrace a culture of innovation that rives continuous improvement and successfully service all our customers. 2. Community Well-Being: Preserve community livability through responsible development standards, proactive code compliance, and targeted revitalization. Page 2 City of Clearwater Printed on 5/13/2025 Page 1 of 13 REAL PROPERTY PURCHASE AND SALE AGREEMENT 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, CHURCH OF SCIENTOLOGY FLAG SERVICE ORGANIZATION, INC. whose principal place of business is 503 Cleveland St. Clearwater, Florida 33755 (herein “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 terms and conditions stated herein (“Contract”). 1.PROPERTY DESCRIPTION A.The parcel of land generally described as: Exhibit “A” (attached hereto and incorporated herein). B.Legally Described as: ALL OF THE RIGHT OF WAY OF SOUTH GARDEN AVENUE ABUTTING LOTS 6-11 TOGETHER WITH THAT PORTION ABUTTING THE VACATED 15 FOOT ALLEY LYING BETWEEN LOTS 10 AND 11 OF COURT SQUARE SUBDIVISION AS RECORDED IN PLAT BOOK 5, PAGE 53 OF THE PUBLIC RECORDSOF PINELLAS COUNTY, FLORIDA. C.Together with all improvements located therein, but excluding any existing utility improvements or assets owned or maintained by the City. D.Referred to herein as the “Property” or “Subject Property” or “the Land.” 2.PURCHASE PRICE The Buyer shall pay ONE MILLION THREE HUNDRED SEVENTY FIVE THOUSAND DOLLARS EXACTLY ($1,375,000.00). A.The Parties agree that this price represents the fair market value of the Subject Property, B.The manner of payment shall be via a federal funds wire in United States currency at the time of closing as more particularly described in this Contract 3.PURPOSE Page 2 of 13 The Clearwater City Council (“Council”) has determined its desire to convey the Subject Property to the Buyer pursuant to the approval of Ordinance 9812-25 (“Vacation Ordinance”). The Buyer agrees that while the Subject Property is right of way, the City owns it in fee simple, and that the vacation of the right of way is contingent upon the satisfactory closing of this Contract, and the transfer of interests by Special Warranty Deed. This Contract is subject to the requirements of the Vacation Ordinance. 4. AUTHORITY TO EXECUTE NECESSARY DOCUMENTS As part of the Council’s approval of the Vacation Ordinance, the City has authorized the execution of this Contract by the City Manager and has given the City Manager and the City Attorney the discretion to approve the form of a Special Warranty Deed, and to determine if all Seller’s closing conditions have been met in their sole discretion. 5. TITLE & TITLE EVIDENCE A. The City shall warrant legal capacity to execute a Special Warranty Deed through the appropriate officials, and said Deed shall meet the requirements as described herein. The City shall convey the Property by a Special Warranty Deed. Said Deed shall expressly release any reserved interests in compliance with F. S. S 270.11. B. The Parties acknowledge that no formal title search on the Subject Property was performed by either Party, and no title insurance will be obtained for this transaction. As such, the Seller assumes all associated risks regarding claims or encumbrances to title. The Subject Property shall be conveyed to Buyer subject to: i. Ad valorem taxes and assessments for the year of Closing and subsequent years, provided the same are not then due and payable; ii. Any applicable ordinances governing land use, provided the same permit the existing and Buyer’s contemplated utilization of the Land pursuant to those uses approved in the Development Orders; iii. All terms contained within any Development Orders issued prior to or subsequent to the execution of this Contract in relation to the Property; and Page 3 of 13 iv. Any easements as necessary for all public utilities that exist or may be proposed within the Subject Property, and the improvements related to those easements. 6. SURVEY Buyer may, prior to the expiration of the Inspection Period as described below, deliver a survey of the Subject Property to Seller (“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 Buyer shall specify the encroachment and notify the Seller that Buyer views said encroachment as a material defect. The Seller shall make commercially reasonable efforts to cure any defect that may be discovered by the Survey, but is under no obligation to expend any funds in so doing, and upon notice from the Seller, that the Seller is unable to cure a survey-related defect, the Buyer may terminate this Contract or accept the Property as-is, where-is, with said 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, and any title company, title insurance provider, or lender as required by Buyer. The Parties may agree to narrow the scope of the City’s reservation of a blanket easement for utilities to specific areas as identified in the Survey, but the City maintains the sole discretion to determine whether or not any proposed easement area is sufficient to protect the City’s interests in utilities. 7. THIS SECTION INTENTIONALLY DELETED. This section was intentionally deleted. 8. RESERVATION OF EASEMENT The Buyer and Seller agree that the Special Warranty Deed shall contain a reservation of a Blanket Utility Easement to cover all existing or planned utilities located at the Subject Property, which shall terminate upon the City approving, in its sole discretion, the relocation of utilities at the Buyer’s expense; and Page 4 of 13 9. CLOSING PLACE & DATE The City shall designate the closing agent (“Closing Agent”). The City may designate the City Attorney’s Office to act as the Closing Agent. If the City elects another Closing Agent the City shall bear any associated settlement fee or closing fee, but this shall not be construed to require the City to purchase title insurance or to perform a formal title search. The closing of this transaction (“Closing”) shall be completed in the offices of the designated Closing Agent in Pinellas County, Florida on or before 30 days after a Certificate of Occupancy is issued for the auditorium. Buyer will obtain the necessary building permits to construct an auditorium on the land east of the Subject Property on or before December 31, 2029, and will have substantially completed that construction to a degree of beneficial occupancy on or before December 31, 2031, failing which Buyer shall pay Seller an annual extension fee of three hundred thousand dollars exactly ($300,000.00). If Buyer does not pay the annual extension fee by December 31 of the calendar year preceding the year of the extension, this contract shall be deemed terminated and void. The Buyer and Seller acknowledge and agree that time shall be of the essence with respect to the performance by the Buyer to pay the Purchase Price, and otherwise fulfill the conditions contemplated in this Contract before the Closing Date. For that reason, the Buyer shall be entitled to pay for up to two extensions as described in the previous paragraph. If the Closing does not occur by December 31, 2033, except in the case of an 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. 10. 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: 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. Any other documents as may be required by this Contract, including affidavits regarding property ownership and signature authority of representatives; xi. Any other documents reasonably requested by the Closing Agent. Page 5 of 13 The appropriate representatives of the Parties shall deliver any applicable documents authorizing the sale and delivery of the Special Warranty Deed and certifying the resolution or other documents, setting forth facts showing the conveyance conforms to the requirements of local law. 11. CLOSING EXPENSES Pursuant to Florida Statutes, 201.24 Seller is exempt from paying documentary stamps one the Deed. Buyer shall pay the cost for documentary stamps if applied to this transaction Recordation of the Deed shall be performed by the Closing Agent, and any associated expense shall be paid by the Buyer as specified in the closing statement. All other closing costs shall be apportioned in the manner customary for commercial real estate transactions in Pinellas County, Florida. 12. PARKING REVENUE The Seller and the general public shall be entitled to continue full use of the Subject Property, including the collection of parking revenue, until at least such time as the Seller approves the temporary construction easement required by Section 27 of this Contract. 13. OCCUPANCY & LEASES Seller warrants that there are no parties in occupancy other than the Seller and certain utility providers. Seller warrants that there are no tenants occupying the Land and that no leases, licenses, or other written occupancy agreements exist, recorded or unrecorded, that would authorize such occupancy or use of the Land. Seller agrees to deliver occupancy of the Land at time of Closing Date, except as otherwise stated herein. At Closing, Buyer agrees to accept the Property with all included improvements, in its existing condition unless otherwise stated herein or in a separate writing. 14. PROPERTY CONDITION Buyer acquires this Property As Is, Where Is, With All Faults, and any and all risk and/or liability associated with the Property whether known or unknown is assumed by the Buyer. Seller makes no representations or warranties as to the condition of the Subject Property or any improvement located therein. Any information shared by the Seller in relation to the Property is not to be construed as a representation or warranty. Page 6 of 13 A. “As Is, Where Is, With All Faults” with Right of Inspection: Within 60 days following the Execution of this Contract (“Inspection Period”), Buyer may, at Buyer’s sole expense, 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 any accident arising in 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. 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. 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. B. Buyer’s Termination: the 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. Upon Buyer’s termination of the Contract, the Vacation Ordinance shall by Null and Void. C. 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, Page 7 of 13 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. If Buyer elects not to terminate during the inspection period, Buyer’s indemnity shall extend 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) related to environmental conditions of the Property, including but not limited to all claims arising under environmental laws. Buyer’s obligations under this Section shall survive the termination of this Contract and shall survive the Closing. D. Document Delivery. Seller shall provide to Buyer any and all prior surveys, environmental reports, plans, specifications and contracts associated with the Subject Property, to the extent that Seller possesses them, within ten (10) days of the Buyer’s request for such documents. 15. FINAL 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 Subject Property to determine Compliance with any Seller obligations related to closing conditions and to ensure that all Property is in and on the premises. No new issues may be raised as a result of the final walk-through. 16. RISK OF LOSS If the Subject Property is damaged by a catastrophic event or other casualty before closing, Buyer shall have the option of either taking the Property “as is”, or Buyer may cancel this Contract. Seller shall have no obligation to repair or rebuild. 17. 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 the other Party 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 Page 8 of 13 upon giving written notice to the other Party prior to Closing and may 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, any Extension Fee paid by the Buyer shall be returned to the Buyer. The Cure Right shall not be applicable beyond the Closing Date. 18. 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. 19. CONTRACT NOT RECORDABLE; PERSONS BOUND BY THE CONTRACT The Parties acknowledge that this Contract is a public record subject to Chapter 119, Florida Statutes; however, this Contract may not be recorded in the Official Records of Pinellas County. This Contract shall bind and inure to the benefit of the Buyer and the Seller and may not be assigned by either Party. Notwithstanding anything herein to the contrary, the partners, officers, directors, trustees, employees, agents, affiliates or subsidiaries of either of the Parties shall have no liability whatsoever pursuant to any controversy arising out of this Contract, and the Parties agree to look solely to each other as named entities for remedies as provided for in this Contract. 20. NOTICES 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 as designated below or by electronic mail, including the Parties to this Contract and the Parties’ attorneys. Seller: City of Clearwater Attn: David Margolis, City Attorney 600 Cleveland Street, 6th Floor Clearwater, FL 33755 Page 9 of 13 Email: David.Margolis@MyClearwater.com Buyer: Johnson Pope Attn: Steve Williamson 311 Park Place Blvd. Suite 300 Clearwater Fl 33759 stevew@jpfirm.com 21. ATTORNEY’S FEES Each Party shall pay its own attorney’s fees and costs in any dispute, claim, or litigation arising out of this Contract. 22. BROKER REPRESENTATION If either Party chooses to be represented by a Licensed Real Estate Broker upon Seller’s execution hereof, then that Party shall be solely responsible for any such Broker fee or expense due to said Broker. 23. SEVERABILITY; GOVERNING LAW & VENUE 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 severance of any invalid provision. This Contract shall be governed by the Laws of the State of Florida with venue being the appropriate court with jurisdiction over the City of Clearwater, Pinellas County, Florida. 24. COUNTERPARTS; ENTIRE AGREEMENT 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. Upon execution by Seller and Buyer, this Contract and any attached exhibits along with the Development Order(s) shall constitute the entire agreement between the Parties relating to the purchase of the Subject Property, 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 Page 10 of 13 herein. Any changes to this Contract shall only be valid when expressed in writing, signed by authorized representatives of the Parties and incorporated herein as formal amendments to this Contract. 25. THE PROJECT In 2018, the Buyer applied for and obtained development approval from the City to construct an auditorium and related improvements on parcel ID # 16-29-15-18648-000- 0010, located directly east of the Land. The development approval has since expired. At the time of execution of this Contract, the Buyer intends to but has not yet applied for a new development approval. The parties understand and intend for the auditorium and its appurtenances to occupy portions of parcel ID # 16-29-15-18648-000-0010, as well as portions of the parcels located west of the Land. The parcel east of the Land is identified by parcel ID # 16-29-15-18648-000-0010. The parcels west of the Land include parcel ID #’s 16-29-15-18648-000-0340, 16-29-15-18648-000-0350, 16-29-15-18648-000-0360, 16- 29-15-18648-000-0370, and 16-29-15-18648-000-0380. Buyer will develop the majority of the Subject Property to be part of a pedestrian friendly outdoor gathering space with a net increase in green space. The Buyer recognizes its responsibility to comply with. the Community Development Code, as amended from time to time, and will obtain any necessary approvals or permits required by the Community Development Code prior to and during construction. Together, the auditorium and its related improvements, whether located on the Land or on any of the parcels contiguous to the Land, shall be referred to as the Project. For the avoidance of doubt, the Project shall not occupy or utilize any portion of Court Street or Franklin Street, except that the Buyer may utilize Court Street and Franklin Street to the same extent and in the same manner as any other member of the public. 26. 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, , 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; unlawful delay by Page 11 of 13 Governmental Authorities to act and process properly completed applications in accordance with any statutory review timelines, 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 loss; (2) 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 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 Buyer shall give Notice to the Seller with Specificity of the basis for said request, and stating the exact amount of days that are requested. The Seller may accept the request, or alternatively may invoke the Default procedures described herein. 27. CONDITIONS PRECEDENT TO BUYER’S OBLIGATION TO CLOSE The obligation of the Buyer to consummate the transactions contemplated by this Contract is subject to the following conditions precedent, the determination of which shall be made by the Buyer in their sole discretion: A. The execution and delivery of this Contract, signed by the appropriate authorities of the City. B. The Buyer having obtained sufficient funding to purchase the Land. C. No Event of Default exists on the part of the City. Page 12 of 13 D. A temporary construction easement from the Seller to the Buyer permitting Buyer, prior to Closing, the right to use the Subject Property for construction related activities in support of the construction activities on the parcels to the east and west and to conduct construction activities on the Subject Property. The temporary construction easement shall be issued by Seller when Buyer obtains all building permits allowing vertical construction on the Subject Property or the adjacent parcels and Buyer breaks ground on said construction. 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 Seller’s conditions precedent are met, or terminate this Contract by giving written notice to Seller on or before Closing, in which case this Contract shall be deemed terminated without the necessity of further documentation, and the Vacation Ordinance shall be Null and Void. 28. CONDITIONS PRECEDENT TO SELLER’S OBLIGATION TO CLOSE The obligation of the Seller to consummate the transactions contemplated by this Contract is subject to the follow conditions precedent, the determination of which shall be made by the Seller in their sole discretion: A. The City’s enactment of City Ordinance 9812-25, which the Buyer acknowledges to be within the sole discretion of the Clearwater City Council. B. The Buyer obtaining and providing proof to the Seller of the necessary funds available or other financing to purchase the Land. C. Buyer shall provide evidence via affidavit or other reasonable means that all property abutting the Subject Property is owned by a single property owner or the functional equivalent of a single owner, as contemplated by the City Charter. D. Easements as necessary to cover any utility interest that the City may have or desire. E. The Buyer applying for and obtaining building permits to commence vertical construction as to the Project. F. The Buyer shall have attained beneficial occupancy within the time-frame authorized by Section 9 of this Contract. G. The Buyer receiving a certificate of occupancy (“CO”) after completing construction of the Project. 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, Page 13 of 13 in its sole discretion, waive the condition precedent and proceed to close if Buyer’s conditions precedent 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. Upon Seller’s termination pursuant to this paragraph, the Vacation Ordinance shall be null and void. [Signature Pages to Follow] CLEARWATER Prepared by: Department of Public Works -Engineering Geographic Technology Division 100 S. Myrtle Ave, Clearwater, FL 33756 Ph: (727)562-4750, Fax: (727)526-4755 www.MyClearwater.com Map Gen By: MD AERIAL MAP S Garden Ave Proposed Purchase & Sale Reviewed By: RJK Aerial Flown 2024 Date: 03/122025 Page: 1 of 1 s Scale: N.T.S. Document Path: C:\Users\Michael.Koter\City of Clearwater\Engineering Geographic Technology -Location Maps\South Garden Ave\S Garden Ave\S Garden Ave.aprx Appraisal Report Right-of-Way South Garden Ave Clearwater, Pinellas County, Florida Prepared For: City of Clearwater 600 Cleveland Street Clearwater, FL, 33755 Prepared By: Entreken Associates, Inc. 6740 Crosswinds Dr N, Suite H Saint Petersburg, Florida 33710 EAI File #: 20240335 December 20, 2024 City of Clearwater 600 Cleveland Street Clearwater, FL 33755 Re: Appraisal Report South Garden Ave Clearwater, FL, 33756 Dear Mr. Margolis: As requested, Entreken Associates, Inc. has prepared an Appraisal Report of the above-referenced property for the purpose of estimating the value of the Fee Simple interest of the property, as is, as of the effective date of value. The subject property is a right-of-way located between Franklin St and Court St, one block east of S Ft Harrison Ave in Clearwater. The subject property is currently improved as S Garden Ave. The subject site contains 0.65± acres of land area. The subject property is a platted right-of-way and no tax identification number has been assigned by the Pinellas County Property Appraiser. The subject property is more fully described in the body of this report. To the best of our knowledge and belief, our analyses, opinions, and conclusions were developed, and this report has been prepared in conformance with the standards and reporting requirements set forth in the Uniform Standards of Professional Appraisal Practice (USPAP), as promulgated by the Appraisal Standards Board of the Appraisal Foundation; the FDIC Market Value Definition; the Appraisal Institute's Code of Ethics and Standards of Professional Practice; Title XI of the Federal Financial Institution Reform, Recovery, and Enforcement Act of 1989 (FIRREA); as well as our understanding of the appraisal guidelines of City of Clearwater. The client of this report is City of Clearwater. The intended user of this report is the City of Clearwater. The intended use of this report is to value the subject property to its Highest and Best Use and the market value without regard to potential assemblage. No other use or users are intended or authorized by Entreken Associates, Inc. The scope of this assignment is restricted to the specific identified intended use and user noted above. Under no circumstances, shall any of the following parties be entitled to use or rely on the appraisal or this appraisal report: (i) the borrower(s) on any loans or financing relating to or secured by the subject property, (ii) any guarantor(s) of such loans or financing, or (iii) principals, shareholders, investors, members or partners of such borrower(s) or guarantor(s). This letter is not an appraisal report, hence, it must not be removed from the attached appraisal report. If this letter is disjoined from the attached appraisal, then the value opinions set forth in this letter are invalid and the analyses, opinions, and conclusions developed herein cannot be properly understood. We certify that we have no present or contemplated future interest in the property beyond this estimate of value. The appraiser has not performed any services regarding the subject within the three-year period immediately preceding acceptance of this assignment. Your attention is directed to the Limiting Conditions and Assumptions section of this report (page 30). Acceptance of this report constitutes an agreement with these conditions and assumptions. In particular, we note the following: Hypothetical Conditions The value of the subject is estimated using the Hypothetical Condition that South Garden Ave has been vacated bythe City of Clearwater and there are no extraordinary restrictions or encumbrances in regards to development. We have developed a second opinion of value based on the Hypothetical Condition that the propertywas marketed for sale as an independent stand-alone parcel, not purchased by an adjacent parcel owner, which is noted in the Value Conclusion table as an Open Market Buyer scenario. As described further in the report, this would result in an estimated net useable parcel size of approximately 18,692 square feet. There are no other Hypothetical Conditions. Extraordinary Assumptions There are no Extraordinary Assumptions for this appraisal. Based on the appraisal described in the accompanying report, subject to the Assumptions and Limiting Conditions, Extraordinary Assumptions and Hypothetical Conditions (if any), we have made the following value conclusions as of the following date(s): Premise Interest Appraised Probable Buyer Effective Date Value Conclusion Estimated Marketing Current Market Value Fee Simple Adjacent Parcel Owner 12/4/2024 $1,700,000 5-7 months Current Market Value Fee Simple Open Market Buyer 12/4/2024 $935,000 5-7 months Value Conclusions It has been a pleasure to assist you in this assignment. If you have any questions concerning the analyses, or if Entreken Associates, Inc. can be of additional service, please contact us. Respectfully submitted, Entreken Associates, Inc. Wesley R. Sanders, MAI, AI-GRS, CCIM Senior Managing Director State-Certified General Real Estate Appraiser RZ2911 wsanders@eairealestate.com 727.256.8025 Tampa Bay Office 6740 Crosswinds Dr N, Suite H St. Petersburg, FL 33710 http://eairealestate.com Page 1 Table of Contents Summary of Salient Facts and Conclusions ............................................................................................................. 2 Scope of Work .............................................................................................................................................................. 4 General .......................................................................................................................................................................... 8 Site Analysis Summary ............................................................................................................................................... 9 Highest and Best Use ................................................................................................................................................ 15 Method of Valuation ................................................................................................................................................... 17 Sales Comparison Approach - ATF .......................................................................................................................... 19 Sales Comparison Approach – Independent Stand-alone Parcel .......................................................................... 24 Final Reconciliation ................................................................................................................................................... 28 Certification Statement .............................................................................................................................................. 29 Basic Assumptions and Limiting Conditions .......................................................................................................... 30 Addenda ...................................................................................................................................................................... 33 Regional Analysis ...................................................................................................................................................... 34 Neighborhood Analysis ............................................................................................................................................. 42 Subject Photographs ................................................................................................................................................. 49 Land Sale Comparables – Scenarios 1 & 2 .............................................................................................................. 54 Qualifications ............................................................................................................................................................. 62 Page 2 Summary of Salient Facts and Conclusions Report Date 12/20/2024 Inspection Date 12/4/2024 As Is Date of Value 12/4/2024 Report Dates Property Name N1DBProperty_NameRight-of-Way Property Major Type N1DBProperty_Major_TypeLand Address N1DBAddressS Garden Ave City N1DBCityClearwater County N1DBCountyPinellas State N1DBStateFL Zip N1DBZip33756 Tax ID N1DBTax_IDN/A Owner N1DBOwnerCity of Clearwater Land SF N1DBLand_SF28,314 Acres N1DBAcres0.65 Zoning N1DBZoningD Subject Summary Highest and Best Use as Vacant Mixed-Use Development Highest and Best Use Extraordinary Assumptions There are no Extraordinary Assumptions for this appraisal. Hypothetical Conditions The value of the subject is estimated using the Hypothetical Condition that South Garden Ave has been vacated bythe City of Clearwater and there are no extraordinary restrictions or encumbrances in regards to development. We have developed a second opinion of value based on the Hypothetical Condition that the propertywas marketed for sale as an independent stand-alone parcel, not purchased by an adjacent parcel owner, which is noted in the Value Conclusion table as an Open Market Buyer scenario. As described further in the report, this would result in an estimated net useable parcel size of approximately 18,692 square feet. There are no other Hypothetical Conditions. Page 3 Premise Interest Appraised Probable Buyer Effective Date Value Conclusion Estimated Marketing Current Market Value Fee Simple Adjacent Parcel Owner 12/4/2024 $1,700,000 5-7 months Current Market Value Fee Simple Open Market Buyer 12/4/2024 $935,000 5-7 months Value Conclusions Projected Exposure and Marketing Time Exposure time is estimated at 5-7 months for the subject property. Marketing time is estimated at 5-7 months for the subject. Page 4 Scope of Work According to the Uniform Standards of Professional Appraisal Practice, it is the appraiser’s responsibility to develop and report a scope of work that results in credible results that are appropriate for the appraisal problem and intended user(s). Therefore, the appraiser must identify and consider: ● the client and intended users; ● the intended use of the report; ● the type and definition of value; ● the effective date of value; ● assignment conditions; ● typical client expectations; and ● typical appraisal work by peers for similar assignments. Intended Use The intended use of this report is to value the subject property to its Highest and Best Use and the market value without regard to potential assemblage Intended Users The intended user of this report is the City of Clearwater Intended Use and Users No other use is intended or authorized by Entreken Associates, Inc. The scope of this assignment is restricted to the specific identified intended use and user noted above. Under no circumstances, shall any of the following parties be entitled to use or rely on the appraisal or this appraisal report: (i) the borrower(s) on any loans or financing relating to or secured by the subject property, (ii) any guarantor(s) of such loans or financing, or (iii) principals, shareholders, investors, members or partners of such borrower(s) or guarantor(s). Scope Problem To estimate the fee simple market value of the subject property to its Highest and Best Use. The industry standard for the valuation of a parcel such as the subject is the use the Across-the-Fence valuation method. This method of valuation considers the Highest and Best Use, and based on all factors, if it is to assemble with an adjacent parcel, to value the whole and allocate a price to the portion that is the subject. Intended Use The intended use of this report is to value the subject property to its Highest and Best Use and the market value without regard to potential assemblage Intended User(s) The intended user of this report is the City of Clearwater Appraisal Report Based on the intended users understanding of the subject's physical, economic and legal characteristics, and the intended use of this appraisal, an appraisal report format was used. This is an Appraisal Report as defined by Uniform Standards of Professional Appraisal Practice under Standards Rule 2-2(a). This format provides a summary or description of the appraisal process, subject and market data and valuation analyses. Page 5 Definition of Market Value In this appraisal, we have first estimated the across-the-fence (ATF) value of the subject as a basis for reconciling to a market value conclusion for Scenario 1. According to The Dictionary of Real Estate Appraisal, 7th Edition, across-the-fence (ATF) value is defined as “In the valuation of real estate corridors, the value concluded based on a comparison with adjacent lands before the consideration of any other adjustment factors”. After our determination of the ATF market value, we have then considered the value of the subject as an independent development site in Scenario 2, where a different definition of market value would apply. Market value in this scenario means the most probable price that a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: 1. Buyer and seller are typically motivated; 2. Both parties are well informed or well advised, and acting in what they consider to be their own best interests; 3. A reasonable time is allowed for exposure to the open market; 4. Payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and 5. The price represents a normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. Source: 12 CFR 34.42(g). Effective Date of Value The effective date of the appraisal is December 4, 2024. Report Format Although the current USPAP does not discern between appraisal report formatting, Entreken Associates, Inc., has adapted the following descriptions and comparisons to previous editions of USPAP. Entreken Associates, Inc. Report format descriptions: Comprehensive Format - Similar to the former Self-Contained Appraisal Report requirements and provides the greatest depth and detail of analysis in an appraisal. Summary Format - Similar to the former Summary Appraisal Report requirements and provides a summary of the analysis, property type overviews, and area analysis. Abbreviated Summary Format - Meets the minimum requirements of the former Summary Appraisal Report and provides a brief summary of data and analysis, as well as summary overviews. Concise Format: Meets the minimum requirements of USPAP for an Appraisal Report and provides a concise summary of data and analysis. This format also resembles a form report for some sections and has minimal overviews. The current USPAP Restricted Appraisal Report is equivalent to the former Restricted-Use Appraisal Report and states the valuation conclusions. This analysis was prepared in a Summary Format. Additional supporting documentation is retained in our workfile. The significant elements of scope included the following: Inspection of the subject property. Collection, verification, and analysis of market data through searches of our in-house sales database, and multiple subscription-based sales databases. It is our opinion that the scope of research and analysis associated with this Appraisal Report is adequate to produce a credible value conclusion that will serve the needs of the client. Market Area and Analysis of Market Conditions A complete analysis of market conditions has been made. We maintain and have access to comprehensive databases for this market area and have reviewed the market for sales and listings relevant to this analysis. The market overview is retained in our files and database. Highest and Best Use A highest and best use analysis for the subject has been conducted. Physically possible, legally permissible and financially feasible uses were considered, and the maximally productive use was concluded. Page 6 Property Identification The subject has been identified by the legal description and the assessors' parcel number. Property Rights Appraised We have appraised the Fee Simple property rights. Subject Inspection A visual exterior inspection of the subject property has been made, and photographs taken. Role Name Inspected Extent Date of Inspection Appraiser Wesley R. Sanders, MAI, AI-GRS, CCIM has Exterior 12/4/2024 Property Inspection and Report Compilation Assistance Use of Real Estate as of Effective Date of Value As of the as is effective date of the appraisal, the subject was a Right-of-Way property. Appraisal Process Typically, the cost, sales comparison, and income approaches are used in determining the value of a property. The indicated value developed by these various approaches is weighed by the Appraiser based on the reliability of market data in determining the final value estimate. Income Capitalization Approach The income approach measures the present worth of anticipated future benefits (net income) derived from a property. The approach develops the subject property's estimated net income during the remaining economic life of the improvements. It consists of estimated vacancy, gross income, expenses and other charges. The net income is capitalized to arrive at an indication of value. In the case of multi-tenanted properties, or where a property is not fully leased, a discounted cash flow (DCF) analysis may also be appropriate. Sales Comparison Approach The sales comparison approach produces a value estimate by comparing the subject property to recent sales of similar properties in the same or competing market areas. Inherent in this approach is the principle of substitution. The comparative process involves judgment as to the similarity of the subject and the comparable sale with respect value factors such as the time of sale, land size, building size and quality of construction. The estimated value through this approach represents the probable price at which the subject property would be sold as of the date of value. Cost Approach The cost approach considers the current cost of reproducing a property, less depreciation. The value of the land, as if vacant and available for development, is added to the depreciated cost in arriving at a value conclusion by the cost approach. This approach is based on the assumption that a purchaser is not warranted in paying more for a property than the cost of the land and duplicating the improvements. Applicable Appraisal Methods x Methods Utilized the subject is vacant land. there is adequate data to develop a value estimate and this approach reflects market behavior for this property type. the subject is not an income producing propertyand this approach does not reflect market behavior for this property type. Income Approach Sales Comparison Approach Cost Approach Conformity We developed our analyses, opinions and conclusions and prepared this report in conformity with the Uniform Standards of Professional Appraisal Practice (USPAP) of the Appraisal Foundation; the Code of Professional Ethics and Standards of Professional Appraisal Practice of the Appraisal Institute; the Financial Institutions Reform, Recovery, and Enforcement Act (FIRREA); and the requirements of our client as we understand them. Page 7 Sources of Information We obtained information from public records, the client, property contact, and a variety of sources as noted throughout the report. Category Sources Market Data MLS, CoStar, Public Records, Third-party sources including paid subscription services and our internal database Ownership & Transaction History Pinellas County Public Records Assessment & Tax Data Pinellas County Public Records Site Data Pinellas County Public Records and Provided Survey Zoning Data City of Clearwater Public Records Sale Comparables MLS, CoStar, Public Records, Third-party sources including paid subscription services and our internal database Data Sources Page 8 General Property Identification The subject property is currently improved as S Garden Ave. The subject property is located at South Garden Ave within Clearwater, Pinellas County, Florida. The subject property is a platted right-of-way and no tax identification number has been assigned by the Pinellas County Property Appraiser. Legal Description: All of the right-of-way of Garden Avenue abutting lots 6-11 together with that portion abutting the vacated 15 foot alley lying between lots 10 and 11 of Court Square Subdivision as recorded in Plat Book 5, Page 53 of the Public Records of Pinellas County. Containing 0.65 Acres ±, Pinellas County, Florida Inspection Date:December 4, 2024 Date of Report:December 18, 2024 Ownership History:Current ownership of the parcel is the City of Clearwater. We are not aware of any other transactions that have involved the subject property in the past three years. Personal Property/ Non-Realty Items: None, personal property owned by the occupant. Real Estate Taxes:Assessing Authority: Pinellas County Assessment Year: 2024 Property taxes are not assessed on municipally owned roadways. Page 9 Site Analysis Summary Location: The subject is located between Franklin St and Court St, one block east of S Ft Harrison Ave in Clearwater. This location is average for mixed- use. Aerial Map Plat Map Page 10 Parcel 1 Parcel ID N/A Location between Franklin St and Court St, one block east of S Ft Harrison Ave in Clearwater Current Use Right-of-Way Map Latitude 27.96253 Map Longitude -82.79913 Site Analysis & Comments The site has average and typical utility. Site Summary Parcel 1 Gross Land Area (Sq Ft)28,314 Gross Land Area (Acres)0.65 Usable Land Area (Sq Ft)28,314 Usable Land Area (Acres)0.65 Land Area Source Survey Site Size Attributes Hazardous Material No hazardous materials were observed on the subject site. However, we are not experts in the matters of the presence or effects of hazardous materials; therefore, we assume hazardous material is not present on the site. Parcel 1 Primary Frontage Street Name Franklin St Secondary Frontage Street Name Court St Frontage - Primary Street (Feet)96 Frontage - Secondary Street (Feet)100 View Average Access Average Site Visibility Average Street Lighting No Sidewalks Yes Curb and Gutter Yes Topography Moderate slope Shape Roughly rectangular Soil Conditions Adequate for development Site Characteristics Parcel 1 Adequacy of Utilities Public utility lines are available to the site. Public Electricity The site is served by public electricity. Water Supply Type City water Sewer Type City sewer Site Utilities Site Improvements The subject is currently improved with South Garden Ave, being a two-lane roadway with street parking and sidewalks. Page 11 Parcel 1 FEMA Map #12103C0108J FEMA Map Date 8/24/2021 Flood Zone Zone X Flood Zone Comments The subject improvements do not appear to be in a flood prone area. The Zone X classification is in an area located outside the 100-year designated flood hazard area. Encumbrance / Easement Description There are no known adverse encumbrances or easements. Please reference Limiting Conditions and Assumptions. Environmental Issues There are no known adverse environmental conditions on the subject site. Please reference Limiting Conditions and Assumptions. Wetlands and Watershed Comments No wetlands were observed during our site inspection. Site Hazards Site Comments The site has average and typical utility. Flood Map Page 12 Zoning 1 Zoning Authority City of Clearwater Zoning District City of Clearwater Zoning Code D Zoning Type/Description Downtown/Downtown Core Character District Zoning Intent/Summary The Downtown Core Character District is intended for high intensity mixed- use, office, and residential development in buildings with active ground floor uses opening onto pedestrian-friendly streetscapes. Standards are designed to support a dense urban pattern of development with buildings façades aligned along public sidewalks and parking primarily located within buildings behind active uses and behind buildings. Properties adjacent to the Pinellas Trail are designed to provide pedestrian and bicycle connections to the trail. There is no height restriction and the maximum densityis 75 multi- family units per acre, with a maximum FAR of 4.0. The is also a Public Amenities Incentive Pool and the Pool allocation process is established in the Clearwater Downtown Redevelopment Plan. The Pool allows for density and/or intensityincreases in excess of the allowable maximum development potential established for a parcel for projects that meet the goals, objectives, and policies of the Redevelopment Plan and are consistent with the vision established for the character district in which the projects are located. Permitted Uses The Downtown designation has a wide variety of permitted uses. These include multi-family, bars, brewpubs, congregate care facilities, medical clinics, museums, offices, hotels, places of worship, research and technology facilities, restaurants, retail, schools, and community centers to name a few. Future Land Use CBD Future Land Use Description Central Business District Zoning Consistent with FLU Yes Development Standards Max FAR 4 Front Set Back Distance Varies by use Side Yard Distance Varies by use or as required by fire code Back Yard Distance 10' Maximum Building Height Unlimited Zoning Parking Requirements 1 space per unit Site Conforms to current standards Yes Zoning Data Source City of Clearwater Code of Ordinances Zoning Comments The D zoning district has a max floor area ratio (FAR) of 4.0, a max densityof 75 units per acre, and no maximum height. Zoning Summary Page 13 Zoning Map Page 14 Sketch/Survey Page 15 Highest and Best Use Highest and best use may be defined as the reasonably probable and legal use of vacant land or improved property, which is physically possible, appropriately supported, financially feasible, and that results in the highest value. 1. Legally Permissible: What uses are permitted by zoning and other legal restrictions? 2. Physically Possible: To what use is the site physically adaptable? 3. Financially Feasible: Which possible and permissible use will produce any net return to the owner of the site? 4. Maximally Productive. Among the feasible uses which use will produce the highest net return, (i.e., the highest present worth)? Page 16 Legally Permissible Zoning Code, District D, City of Clearwater Permitted Uses The Downtown designation has a wide variety of permitted uses. These include multi-family, bars, brewpubs, congregate care facilities, medical clinics, museums, offices, hotels, places of worship, research and technology facilities, restaurants, retail, schools, and community centers to name a few. Future Land Use CBD Legally Permissible Comments Given the legally permissible uses under the zoning and future land use, a mixed-use is given further consideration in determining highest and best use of the site, as vacant. Physically Possible Land Size .65 acres, 28,314 square feet, but considered as ATF to 47,780 SF or 1.097 acre adjacent site to the west bound by S. Ft Harrison Ave, Court St and Franklin St. Shape Roughly rectangular Topography Moderate slope Utilities Public utility lines are available to the site.: The site is served by public electricity, City water, City sewer Access Average Visibility Average Functional Utility Average Physically Possible Comments Based on an analysis of the physical characteristics of the site, there does not appear to be any adverse conditions or lack of utility. Thus, there are no apparent physical or functional problems with the site, which would hinder development. Financially Feasible Of the legally permissible uses that are physically possible, we have analyzed the market for sales and rental rates versus the cost to construct for the uses that are financially feasible. This includes mixed use development. Maximally Productive There does not appear to be any reasonably probable use of the subject site that would generate a higher residual land value than mixed use. Accordingly, we have concluded that mixed use, developed to the normal market density permitted by current zoning and development standards, is the maximally productive use of the property. Highest and Best Use as Vacant Mixed-Use Development Highest and Best Use as Vacant (ATF) Page 17 Method of Valuation Across-the-Fence For Scenario 1, our analysis will include an across-the-fence (ATF) valuation of the subject. The subject would have some independent development potential, however continued roadway use or assemblage with adjoining property owner(s) would represent its Highest and Best Use. In the valuation of linear real estate, the ATF method is recognized as an appropriate method for estimating value. In this regard, we have considered the adjoining parcel to the west surrounded by S Ft. Harrison Rd, Court St and Franklin St, being a total of 47,780 square feet, in our ATF value. According to The Dictionary of Real Estate Appraisal, 7th Edition, across-the-fence value is defined as “In the valuation of real estate corridors, the value concluded based on a comparison with adjacent lands before the consideration of any other adjustment factors”. The ATF is a variation of the Direct Sales Comparison Approach to value and is based on the premise that the value of the land within a corridor is a reflection of the land through which it passes. The ATF value is not the contributory value of the corridor strip to the adjacent land, but rather the ATF value essentially reflects the unit rate of value applicable to the adjacent land. Therefore, the subject property is appraised at the unit rate of value that would apply to the ATF property based on the appraiser’s highest and best use consideration. The premise behind the ATF value is that when a corridor is created, market participants (buyers and sellers of the corridor) expect to pay, and be paid, based upon the unit value of their total property that adjoins the corridor. This unit value is then applied to the portion being acquired for the corridor to estimate compensation. In estimating the value of an existing corridor, the same premise holds true. The ATF value of corridor real estate is similar to the value of those properties that adjoin the corridor. ATF value may or may not be the same as market value. A thorough search has therefore been performed for comparable sales to estimate the value of the property (as vacant) adjacent to or “across-the-fence” from the subject. These unit prices are then applied to the subject. Land sales were researched up to four years in the immediate market area. Sources of research included MLS, Costar, and Public Records of Pinellas County, inspection from subject right of way, and discussions with market participants. The data has been analyzed to interpret market trends and expectations of market participants and apply the information to the subject to arrive at a reasonable and supported value conclusion. Sufficient data was available to adequately support an opinion of value on an “across-the-fence basis”. Independent Stand-Alone Parcel Market Value In Scenario 2, we have also been asked to provide a value of the subject as an independent stand-alone parcel. In order to be able to develop the subject property independently and given that the subject provides access to the adjacent properties, the southern portion of the subject would need to be maintained as an access road for the subject and adjacent parcel that currently use this point of access. The land area has been estimated using aerial measurements at approximately 9,622 square feet, as shown on the following page. This would leave a remnant development area of 18,692 square feet, being roughly 96’ x 200’. This site would be an interior site, having frontage to both Franklin St and S Garden Ave. The site could be developed on its own; however; given its smaller size, shape, and limited frontage, the density at which it would likely be developed would be much less than if it were assembled with adjacent lands. The long and narrow shape could lead to some development challenges. A likely development scenario would be for parking along both roadways and a 1 or 2 story, office or mixed-use building, incorporating the required side yard setbacks to the adjacent properties and maintaining the existing sidewalks for pedestrian access. Page 18 Aerial Estimate of S Garden Ave to Remain Scenario 2 - Independent Development Site Page 19 Sales Comparison Approach - ATF Scenario 1 Land Analysis To estimate the land value, we have utilized the Sales Comparison Approach. In this approach we develop an opinion of value by analyzing similar properties and comparing these properties with the subject property. Application of the sales comparison approach requires the comparing and rating of other comparable properties to the property appraised. The aim of this approach is to develop indications of what the comparable sales would have sold for if they had possessed all of the basic and pertinent physical, functional and external characteristics of the subject property. The steps involved in the Sales Comparison Approach are summarized as follows: 1. Comparable land sales data in the competitive market is obtained and verified, whenever possible; 2. Market-oriented unit(s) of comparison is determined and applied to each of the comparable sales; 3. The elements of comparison that affect the value of the property being appraised are identified and applied to each comparable sale; 4. A net adjustment is applied to each comparable unit sale price to arrive at a range of adjusted sale or unit prices for the subject property; and 5. The adjusted prices are reconciled to an indication of an appropriate value of the subject property. Comparable Sales Data The subject is located in Clearwater. We have identified recent sales of vacant commercial sites. The comparable land sales selected represent the best available for this analysis. The most widely used unit of comparison in this market for the subject property type is the sale price per square foot of land area. As a result, we have analyzed the comparable sales on a price per land square foot basis. The comparable land sales included in this appraisal report are summarized in the table below. The following page includes a location map for the comparable land sales and reflects proximity to the subject property. The Addenda contains comparable land sales data sheets. Given the characteristics of the subject site, as well as the information obtained for the comparable data, the comparables were analyzed through the application of a traditional adjustment grid using percentage adjustments. Comp Address Date Price Land SF Price Per Land SF Subject S Garden Ave --47,780 -- 1 701-714 N Fort Harrison Ave 12/16/2021 $1,600,000 33,423 $47.87 2 708 N Osceola Ave 10/25/2022 $2,000,000 40,101 $49.87 3 107 S Osceola Ave 12/11/2022 $1,850,000 35,994 $51.40 4 633 Drew St 5/10/2023 $5,750,000 54,990 $104.56 Page 20 Land Sales Map The Adjustment Process The main points of comparison for this analysis include the transactional elements such as property rights conveyed, financial terms, the conditions and/or motivations surrounding the sale, and changes in market conditions since the sale date. Property level adjustments account for differences in the locational, physical and economics elements of the sales as compared to the subject property. The comparable sales utilized herein were analyzed relative to the subject property for the following factors: Transactional Components Property Rights Conveyed Adjustments were made when applicable for conveyance of property rights other than those being appraised herein. No transactional components adjustments were warranted for the comparable land sales. Financing Terms Adjustments were made when applicable for extraordinary, special or non-market financing or credits provided by the seller or others which may have influenced the sale price. No adjustment is required. Conditions of Sale Adjustments were made when applicable for non-arm’s length sale transactions and/or atypical conditions. Each of the sales (or pending sales) was an arm’s length transaction. Sale 4 was purchased by an adjacent owner with pricing that appeared to be above market motivation, requiring a downward adjustment. No other conditions of sale adjustments are required. Expenditures After Sale Adjustments were made when applicable for any reported anticipated expenditures that were incurred after the comparable was purchased. No adjustments are required. Page 21 Market Conditions The sales used represent reasonably similar land parcels compared to the subject’s underlying land, which sold since December 2021. While general market conditions appear to have improved through 2024, brokers and market participants report that prices have been stable recently due to the increases in interest rates. Therefore, Sales 1, 2, and 3 are given upward adjustments. Property Level Characteristics Location The subject property is valued across the fence of a larger property bound by Franklin St, Court St and S Ft Harrison Ave in Clearwater. Each of the sales was adjusted, if required, for locational characteristics differing from those of the subject property. Sale 1 is located near Clearwater Harbor, but lacks significant water views. Overall, the location would be considered slightly superior to the subject, requiring a downward adjustment. Sale 2 is located just north of Downtown Clearwater, directly on Clearwater Bay overlooking a marina, requiring a downward adjustment for location. Sale 3 is located in the heart of Downtown Clearwater, requiring a downward adjustment. Sale 4 is located at the periphery of the downtown area, requiring an upward adjustment. Size The subject site is 47,780 SF in size. Differences in land size were also considered. Significantly larger properties oftentimes have a smaller pool of potential buyers, which can result in lower pricing per unit of comparison relative to much smaller properties offering similar utility, based on the economies of scale. In the downtown area, it appears that developer’s highest preference is to utilize lots that are approximately 22,000 SF (half acre) to 55,000 SF (1.25 acres) for development. Typically, sales were assemblages or were being marketed with additional sites available to entice larger national developers, as well as smaller, local developers. Therefore, sites between 22,000 SF to 55,000 SF appear to be more desirable than those that are smaller or larger in size, on a price per square foot of land basis. The subject is within that size range at 47,780 SF, as well as all of the comparable properties. Topography The subject site has a generally level topography. Each of the land sales has a similar topography; therefore, no adjustments were warranted. Shape The subject site is generally rectangular. Each of the comparable land sales is also rectangular or nearly rectangular and conducive to development with no adjustments warranted. Utilities The subject and comparables have access to all public utilities with no adjustments warranted. Zoning/Density The subject property is located in the D zoning district with a maximum density per acre of 75 units per acre. The comparables properties range from between 35 and 75 unit per acre. There is generally an inverse size and rate relationship where lands producing a higher yield (units per acre) typically trade at a higher rate per acre and vice versa. With respect to density, those developments which have significantly higher density per acre generate much lower sale prices per unit due to the impact of economies of scale. Conversely lower density sites tend to generate higher rates per unit. Inherent within this theory, a typical purchaser will consider the total unit inventory and its risks associated with higher or lower unit count (density) and pay accordingly based on current market indices. The subject property is located in the Downtown Core zoning district offering up to 75 units per acre. Comparables 1 and 2 would allow for less density, requiring an upward adjustment. Flood Zone The subject and all the comparables are located in a flood zone X with no adjustments required. Other Amenities Comparable 4 has improvements for possible interim use prior to development; therefore, a downward adjustment is required. Summary of Adjustments The following table presents a summary of the adjustments for the underlying site. Page 22 Land Analysis Grid Address City State Date Actual Price Price Adjustment Adjusted Price Land SF Land SF Unit Price Transaction Adjustments Property Rights Fee Simple 0.0%Fee Simple 0.0%Fee Simple 0.0%Fee Simple 0.0% Financing Conventional 0.0%Conventional 0.0%Conventional 0.0%Conventional 0.0% Conditions of Sale Arm's Length 0.0%Arm's Length 0.0%Arm's Length 0.0%Motivation -20.0% Expend. After Sale Market Trends Characteristics Adjustments Location Water Views Frontage % Adjustment Qualitative $ Adjustment Land SF % Adjustment Qualitative $ Adjustment Topography % Adjustment Qualitative $ Adjustment Shape % Adjustment Qualitative $ Adjustment Utilities % Adjustment Qualitative $ Adjustment Zoning Zoning Description Density (Units Per Acre) % Adjustment Qualitative $ Adjustment Flood Zone % Adjustment Qualitative $ Adjustment Other Amenities % Adjustment Qualitative $ Adjustment Adjusted Land SF Unit Price Net Adjustments Three Sides Three Sides One Side Two Sides Two Sides $68.93 $60.22 $56.15 $83.65 20.0%5.0%-5.0%0.0% Similar Similar Similar Superior $0.00 $0.00 $0.00 -$4.18 None None None None Ind. Bldg 0%0%0%-5% Similar Similar Similar Similar $0.00 $0.00 $0.00 $0.00 Zone X Zone X Zone X Zone X Zone X 0%0%0%0% Inferior Inferior Similar Similar $14.36 $14.34 $0.00 $0.00 Downtown Core Old Bay Old Bay Downtown Core Downtown Core 75 35 35 75 75 25%25%0%0% $0.00 $0.00 $0.00 $0.00 D - Downtown D - Downtown D - Downtown D - Downtown D - Downtown 0%0%0%0% Similar Similar Similar Similar $0.00 $0.00 $0.00 $0.00 Available to Site Available to Site Available to Site Available to Site Available to Site 0%0%0%0% Similar Similar Similar Similar $0.00 $0.00 $0.00 $0.00 Roughly rectangular Rectangular Roughly Rectangular Rectangular Irregular 0%0%0%0% Similar Similar Similar Similar $0.00 $0.00 $0.00 $0.00 Moderate slope Gently Sloping Gently Sloping Gently Sloping Gently Sloping 0%0%0%0% Similar Similar Similar Similar -$2.87 -$11.47 -$2.96 $4.18 47,780 (ATF)33,423 40,101 35,994 54,990 None Yes Water Views None None -5%-20%-5%5% Superior Superior Superior Inferior Adjusted Land SF Unit Price $57.45 $57.36 $59.11 $83.65 Corner Superior Superior Superior Inferior Adjusted Land SF Unit Price $47.87 $49.87 $51.40 $83.65 20.0%15.0%15.0%0.0% $0 $0 $0 $0 $47.87 $49.87 $51.40 $104.56 Fee Simple 47,780 33,423 40,101 35,994 54,990 $0 $0 $0 $0 $1,600,000 $2,000,000 $1,850,000 $5,750,000 12/16/2021 10/25/2022 12/11/2022 5/10/2023 $1,600,000 $2,000,000 $1,850,000 $5,750,000 Clearwater Clearwater Clearwater Clearwater Clearwater FL FL FL FL FL S Garden Ave 701-714 N Fort Harrison Ave 708 N Osceola Ave 107 S Osceola Ave 633 Drew St Comp 1 Comp 2 Comp 3 Comp 4 Page 23 Land Sale Value Metrics – Fee Simple Market Value - ATF The following table presents the metrics for the unadjusted and adjusted land sales. The table also presents the concluded market value per square foot for the subject property. Most weight is given to Sales 1, 2, and 3 in arriving at our reconciled value of $60 per square foot. Number of Comparables:4 % Δ 17% -20% 6% 28% 50.64 1,925,000.00 land sf Reconciled Final As Is Value:$1,700,000 One Million Seven Hundred Thousand Dollars Reconciled Value/Unit Value:$60.00 Subject Size:28,314 Indicated Value:$1,698,840 Land Value Ranges & As Is Reconciled Value Unadjusted Adjusted Low:$47.87 $56.15 High:$104.56 $83.65 Average:$63.43 $67.24 Median:$50.64 $64.58 Page 24 Sales Comparison Approach – Independent Stand-alone Parcel Scenario 2 In Scenario 2, we have also been asked to provide a value of the subject as an independent stand-alone parcel. In order to be able to develop the subject property independently and given that the subject provides access to the adjacent properties, the southern portion of the subject would need to be maintained as an access road for the subject and adjacent parcel that currently use this point of access. The land area has been estimated using aerial measurements at approximately 9,622 square feet, as shown on the following page. This would leave a remnant development area of 18,692 square feet, being roughly 96’ x 200’. This site would be an interior site, having frontage to both Franklin St and S Garden Ave. The site could be developed on its own; however; given its smaller size, shape, and limited frontage, the density at which it would likely be developed would be much less than if it were assembled with adjacent lands. The long and narrow shape could lead to some development challenges. A likely development scenario would be for parking along both roadways and a 1 or 2 story, office or mixed-use building, incorporating the required side yard setbacks to the adjacent properties and maintaining the existing sidewalks for pedestrian access. Land Analysis To estimate the land value, we have utilized the Sales Comparison Approach. In this approach the appraiser develops an opinion of value by analyzing similar properties and comparing these properties with the subject property. Application of the sales comparison approach requires the comparing and rating of other comparable properties to the property appraised. The aim of this approach is to develop indications of what the comparable sales would have sold for if they had possessed all of the basic and pertinent physical, functional and external characteristics of the subject property. The steps involved in the Sales Comparison Approach are summarized as follows: 1. Comparable land sales data in the competitive market is obtained and verified, whenever possible; 2. Market-oriented unit(s) of comparison is determined and applied to each of the comparable sales; 3. The elements of comparison that affect the value of the property being appraised are identified and applied to each comparable sale; 4. A net adjustment is applied to each comparable unit sale price to arrive at a range of adjusted sale or unit prices for the subject property; and 5. The adjusted prices are reconciled to an indication of an appropriate value of the subject property. Comparable Sales Data The subject is located in Clearwater. We have identified recent sales of vacant commercial sites. The comparable land sales selected represent the best available for this analysis. The most widely used unit of comparison in this market for the subject property type is the sale price per square foot of land area. As a result, we have analyzed the comparable sales on a price per land square foot basis. The comparable land sales included in this appraisal report are summarized in the table below. The following page includes a location map for the comparable land sales and reflects proximity to the subject property. The Addenda contains comparable land sales data sheets. Given the characteristics of the subject site, as well as the information obtained for the comparable data, the comparables were analyzed through the application of a traditional adjustment grid using percentage adjustments. Page 25 Comp Address Date Price Land SF Price Per Land SF Subject S Garden Ave --18,692 -- 1 701-714 N Fort Harrison Ave 12/16/2021 $1,600,000 33,423 $47.87 2 639-645 Chestnut St 3/15/2022 $960,000 31,682 $30.30 3 708 N Osceola Ave 10/25/2022 $2,000,000 40,101 $49.87 4 107 S Osceola Ave 12/11/2022 $1,850,000 35,994 $51.40 Land Sales Map Summary of Adjustments We have relied upon our previous discussion for the ATF value and have considered the inferior interior location, shape, frontage and development potential of the independent development site in our adjustments. The following table presents a summary of the adjustments for the underlying independent development site. Page 26 Land Analysis Grid Address City State Date Actual Price Price Adjustment Adjusted Price Land SF Land SF Unit Price Transaction Adjustments Property Rights Fee Simple 0.0%Fee Simple 0.0%Fee Simple 0.0%Fee Simple 0.0% Financing Conventional 0.0%Conventional 0.0%Conventional 0.0%Conventional 0.0% Conditions of Sale Arm's Length 0.0%Arm's Length 0.0%Arm's Length 0.0%Arm's Length 0.0% Expend. After Sale Market Trends Characteristics Adjustments Location Water Views Frontage % Adjustment Qualitative $ Adjustment Land SF % Adjustment Qualitative $ Adjustment Topography % Adjustment Qualitative $ Adjustment Shape % Adjustment Qualitative $ Adjustment Utilities % Adjustment Qualitative $ Adjustment Zoning Zoning Description Density (Units Per Acre) % Adjustment Qualitative $ Adjustment Flood Zone % Adjustment Qualitative $ Adjustment Development Potential % Adjustment Qualitative $ Adjustment Adjusted Land SF Unit Price Net Adjustments 0.0%5.0%-15.0%-25.0% $57.45 $38.18 $48.75 $44.33 -$5.74 -$3.64 -$5.74 -$5.91 Superior Superior Superior Superior -10%-10%-10%-10% Below Average Typical Typical Typical Typical $0.00 $0.00 $0.00 $0.00 Similar Similar Similar Similar 0%0%0%0% Zone X Zone X Zone X Zone X Zone X $14.36 $0.00 $14.34 $0.00 Inferior Similar Inferior Similar 25%0%25%0% 75 35 75 35 75 Downtown Core Old Bay Downtown Core Old Bay Downtown Core D - Downtown D - Downtown D - Downtown D - Downtown D - Downtown $0.00 $0.00 $0.00 $0.00 Similar Similar Similar Similar 0%0%0%0% Available to Site Available to Site Available to Site Available to Site Available to Site $0.00 $0.00 $0.00 $0.00 Similar Similar Similar Similar 0%0%0%0% Roughly rectangular Rectangular Rectangular Roughly Rectangular Rectangular $0.00 $0.00 $0.00 $0.00 Similar Similar Similar Similar 0%0%0%0% Moderate slope Gently Sloping Gently Sloping Gently Sloping Gently Sloping -$2.87 -$1.82 -$2.87 -$2.96 Superior Superior Superior Superior -5%-5%-5%-5% 18,692 33,423 31,682 40,101 35,994 -$5.74 $7.27 -$14.34 -$5.91 Superior Inferior Superior Superior -10%20%-25%-10% Two Sides Three Sides Two Sides One Side Two Sides None Yes None Water Views None Interior Superior Inferior Superior Superior Adjusted Land SF Unit Price $57.45 $36.36 $57.36 $59.11 20.0%20.0%15.0%15.0% Adjusted Land SF Unit Price $47.87 $30.30 $49.87 $51.40 $0 $0 $0 $0 Fee Simple $47.87 $30.30 $49.87 $51.40 18,692 33,423 31,682 40,101 35,994 $1,600,000 $960,000 $2,000,000 $1,850,000 $0 $0 $0 $0 $1,850,000$1,600,000 $960,000 $2,000,000 12/16/2021 3/15/2022 10/25/2022 12/11/2022 FL FL FL FL FL Clearwater Clearwater Clearwater Clearwater Clearwater S Garden Ave 701-714 N Fort Harrison Ave 639-645 Chestnut St 708 N Osceola Ave 107 S Osceola Ave Comp 1 Comp 2 Comp 3 Comp 4 Page 27 Land Sale Value Metrics – Fee Simple Market Value – Independent Development Site The following table presents the metrics for the unadjusted and adjusted land sales. The table also presents the concluded market value per square foot for the subject property. Weight is given to all of the sales in arriving at our reconciled value of $50 per square foot. Number of Comparables:4 % Δ 26% 12% 5% -5% 48.87 1,725,000.00 land sf Reconciled Final As Is Value:$935,000 Nine Hundred Thirty Five Thousand Dollars Reconciled Value/Unit Value:$50.00 Subject Size:18,692 Indicated Value:$934,600 Average:$44.86 $47.18 Median:$48.87 $46.54 Unadjusted Adjusted Low:$30.30 $38.18 High:$51.40 $57.45 Land Value Ranges & As Is Reconciled Value Page 28 Final Reconciliation The process of reconciliation involves the analysis of each approach to value. The quality of data applied, the significance of each approach as it relates to market behavior and defensibility of each approach are considered and weighed. Finally, each is considered separately and comparatively with each other. The value indications and conclusions developed for the subject property as of December 4, 2024, subject to the Assumptions and Limiting Conditions, are summarized in the following table. Premise Interest Appraised Probable Buyer Effective Date Value Conclusion Estimated Marketing Current Market Value Fee Simple Adjacent Parcel Owner 12/4/2024 $1,700,000 5-7 months Current Market Value Fee Simple Open Market Buyer 12/4/2024 $935,000 5-7 months Value Conclusions Extraordinary Assumptions There are no Extraordinary Assumptions for this appraisal. Hypothetical Conditions The value of the subject is estimated using the Hypothetical Condition that South Garden Ave has been vacated bythe City of Clearwater and there are no extraordinary restrictions or encumbrances in regards to development. We have developed a second opinion of value based on the Hypothetical Condition that the propertywas marketed for sale as an independent stand-alone parcel, not purchased by an adjacent parcel owner, which is noted in the Value Conclusion table as an Open Market Buyer scenario. As described further in the report, this would result in an estimated net useable parcel size of approximately 18,692 square feet. There are no other Hypothetical Conditions. According to the Appraisal Standards Board (ASB) of the Appraisal Foundation, “reasonable marketing time” is an estimate of the amount of time it might take to sell a property interest at the estimated Market Value during the period immediately after the effective date of the report. It is not intended to be a prediction of a specific date of sale and, therefore, may be expressed as a range. Exposure time is defined as the estimated length of time the property interest being appraised would have been offered on the market prior to the hypothetical consummation of a sale at Market Value on the effective date of report. Based upon the sales presented herein, an exposure period of 5-7 months or less is considered reasonable. Marketing time is also concluded at 5-7 months. Page 29 Certification Statement We certify that, to the best of our knowledge and belief:  The statements of fact contained in this report are true and correct.  The reported analyses, opinions and conclusions are limited only by the reported assumptions and limiting conditions, and is our personal, impartial, and unbiased professional analyses, opinions and conclusions.  We have no present or prospective future interest in the property that is the subject of this report, and have no personal interest with respect to the parties involved.  We have no bias with respect to the property that is the subject of this report, or to the parties involved with this assignment.  Our engagement in this assignment was not contingent upon developing or reporting predetermined results.  Our compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value estimate, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal.  Our analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice (USPAP).  Nathan Stienstra provided research assistance, data entry, and report preparation assistance. No one else provided significant real property appraisal assistance to the person(s) signing this certification.  We certify sufficient competence to appraise this property through education and experience, in addition to the internal resources of the firm.  The reported analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Code of Professional Ethics and Standards of Professional Appraisal Practice of the Appraisal Institute.  The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives.  The appraiser has not performed any services regarding the subject within the three-year period immediately preceding acceptance of this assignment.  Wesley R. Sanders, MAI, AI-GRS, CCIM has made an inspection of the subject property. As of the date of this report, Wesley Sanders, MAI, AI-GRS, CCIM has completed the requirements of the continuing education program for Designated Members of the Appraisal Institute. As of the date of this report, Wesley Sanders, MAI, AI-GRS, CCIM has completed the requirements of the Department of Business and Professional Regulation under the provisions of Chapter 475 FS of the Florida Real Estate Appraisal Board. Wesley R. Sanders, MAI, AI-GRS, CCIM Senior Managing Director State-Certified General Real Estate Appraiser RZ2911 Page 30 Basic Assumptions and Limiting Conditions 1. By this notice, all persons, companies, or corporations using or relying on this report in any manner bind themselves to accept these contingent and limiting conditions, and all other contingent and limiting conditions contained elsewhere in this report. Do not use any portion of this report unless you fully accept all contingent and limiting conditions contained throughout this document. 2. Throughout this report, the singular term "Appraiser" also refers to the plural term "Appraisers”. The terms "Appraiser" and “Appraisers” refer collectively to "Entreken Associates, Inc.", its officers, employees, contractors, and associate appraisers. The masculine terms "he" or "his" also refer to the feminine term "she" or "her”. 3. These conditions are an integral part of this appraisal report, and are a preface to any certification, definition, description, fact, or analysis. Moreover, these conditions are intended to establish as a matter of record that the purpose of this report is to provide one or more value opinions for the subject property. All value opinions are prepared solely for the explicitly identified client and other explicitly identified intended users. 4. Value opinions involve only real estate, and inconsequential personal property. Unless explicitly stated otherwise, value conclusions do not include personal property, un-affixed equipment, trade fixtures, business-good will, chattel, or franchise items of material worth. 5. As part of this appraisal, information was gathered and analyzed to form value opinion(s) that pertain solely to one or more explicitly identified effective value dates. The effective value date is the only point in time that the value applies. Information about the subject property, neighborhood, comparables, or other topics discussed in this report was obtained from sensible sources. In accordance with the extent of research disclosed in the Scope of Work section, all information cited herein was examined for accuracy, is believed to be reliable, and is assumed reasonably accurate. However, no guaranties or warranties are made for this information. No liability or responsibility is assumed for any inaccuracy which is outside the control of the Appraiser, beyond the scope of work, or outside reasonable due diligence of the Appraiser. 6. Real estate values are affected by many changing factors. Therefore, any value opinion expressed herein is considered credible only on the effective value date. Every day that passes thereafter, the degree of credibility wanes as the subject changes physically, the economy changes, or market conditions change. The Appraiser reserves the right to amend these analyses and/or value opinion(s) contained within this appraisal report if erroneous, or more factual-information is subsequently discovered. No guarantee is made for the accuracy of estimates or opinions furnished by others, and replied upon in this report. 7. This appraisal is not an engineering, construction, legal, or architectural study. It is not an examination or survey of any kind. Expertise in these areas is not implied. The Appraiser is in no way responsible for any costs incurred to discover, or correct any deficiency in the property. In the case of limited partnerships, syndication offerings, or stock offerings in the real estate, the client agrees that in case of lawsuit (brought by the lender, partner, or part owner in any form of ownership, tenant, or any other party), the client will hold Entreken Associates, Inc., its officers, contractors, employees and associate appraisers completely harmless. Acceptance of, and/or use of this report by the client, or any third party is prima facie evidence that the user understands, and agrees to all these conditions. 8. Unless specifically stated otherwise herein, the Appraiser is unaware of any engineering study made to determine the bearing capacity of the subject land, or nearby lands. Improvements in the vicinity, if any, appear to be structurally sound. It is assumed soil and subsoil conditions are stable and free from features that cause supernormal costs to arise. It is also assumed existing soil conditions of the subject land have proper load bearing qualities to support the existing improvements, or proposed improvements appropriate for the site. No investigations for potential seismic hazards were made. This appraisal assumes there are no conditions of the site, subsoil, or structures, whether latent, patent, or concealed that would render the subject property less valuable. Unless specifically stated otherwise in this document, no earthquake compliance report, engineering report, flood zone analysis, hazardous substance determination, or analysis of these unfavorable attributes was made, or ordered in conjunction with this appraisal report. The client is strongly urged to retain experts in these fields, if so desired. 9. For appraisals of multifamily property, only a portion of all dwellings was observed. A typical ratio of observed dwellings roughly approximates 10% of the total number of units, and this ratio declines as the number of dwellings grows. It is assumed the functionality, physical condition, and interior finish of unseen units are similar to the functionality, physical condition, and interior finish of observed units. If unobserved dwellings significantly differ from those that were viewed in functionality, physical condition, or finish, the Appraiser reserves the right to amend theses analysis and/or value opinion(s). 10. If this appraisal values the subject as though construction, repairs, alterations, remodeling, renovation, or rehabilitation will be completed in the future, it is assumed such work will be completed in a timely fashion, using non-defective materials, and proper workmanship. All previously completed work is assumed to substantially conform to plans, specifications, descriptions, or attachments made or referred to herein. It is also assumed all planned, in-progress, or recently completed construction complies with the zoning Page 31 ordinance, and all applicable building codes. A prospective value opinion has an effective value date that is beyond or in the future relative to the report preparation date. If this appraisal includes a prospective valuation, it is understood and agreed the Appraiser is not responsible for an unfavorable value effect caused by unforeseeable events that occur before completion of the project. 11. This valuation may or may not include an observation of the appraised property by a signatory to this report. The extent of any observation is disclosed in the Scope of Work section of this report. Any observation by a signatory is not, and should not be misconstrued as a professional property inspection. Comments or descriptions about physical condition of the improvements, if any, are based solely on a superficial visual observation. Electric, heating, cooling, plumbing, water supply, sewer or septic, mechanical equipment, and other systems were not tested. No determination was made regarding the operability, capacity, or remaining physical life of any component in, on, or under the real estate appraised. All building components are assumed adequate and in good working order unless stated otherwise. Private water wells and private septic systems are assumed sufficient to comply with federal, state, or local health safety standards. No liability is assumed for the soundness of structural members since structural elements were not tested or studied to determine their structural integrity. The roof cover for all structures is assumed water tight unless otherwise noted. Comments regarding physical condition are included to familiarize the reader with the property. This document is not an engineering or architectural report. If the client has any concern regarding structural, mechanical or protective components of the improvements, or the adequacy or quality of sewer, water or other utilities, the client should hire experts in an appropriate discipline before relying upon this report. No representations are made herein as to these matters unless explicitly stated otherwise in this report. 12. If this appraisal values an interest that is less than the whole fee simple estate, then the following disclosure applies. The value for any fractional interest appraised plus the value of all other complementary fractional interests may or may not equal the value of the entire fee simple estate. 13. An appraised property that is a physical portion of a larger parcel or tract is subject to the following limitations. The value opinion for the property appraised pertains only to that portion defined as the subject. This value opinion should not be construed as applying with equal validity to other complementary portions of the same parcel or tract. The value opinion for the physical portion appraised plus the value of all other complementary physical portions may or may not equal the value of the whole parcel or tract. 14. No liability is assumed for matters of legal nature that affect the value of the subject property. Unless a clear statement to the contrary is made in this report, value opinion(s) formed herein are predicated upon the following assumptions. (A) The real property is appraised as though, and assumed free from all value impairments including yet not limited to title defects, liens, encumbrances, title claims, boundary discrepancies, encroachments, adverse easements, environmental hazards, pest infestation, leases, and atypical physical deficiencies. (B) All real estate taxes and assessments, of any type, are assumed fully paid. (C) The property being appraised is assumed to be owned under responsible and lawful ownership. (D) It is assumed the subject property is operated under competent and informed management. (E) The subject property was appraised as though, and assumed free of indebtedness. (F) The subject real estate is assumed fully compliant with all applicable federal, state, and local environmental regulations and laws. (G) The subject is assumed fully compliant with all applicable zoning ordinances, building codes, use regulations, and restrictions of all types. (H) All licenses, consents, permits, or other documentation required by any relevant legislative or governmental authority, private entity, or organization have been obtained, or can be easily be obtained or renewed for a nominal fee. 15. The allocation of value between the subject's land and improvements, if any, represents our judgment only under the existing use of the property. A re-evaluation should be made if the improvements are removed, substantially altered, or the land is utilized for another purpose. 16. The Appraiser assumes a prospective purchaser of the subject is aware of the following. (A) This appraisal of the subject property does not serve as a warranty on the physical condition of the property. (B) It is the responsibility of the purchaser to carefully examine the property, and to take all necessary precautions before signing a purchase contract. (C) Any estimate for repairs is a non-warranted opinion of the Appraiser. 17. Any exhibits in the report are intended to assist the reader in visualizing the subject property and its surroundings. The drawings are not surveys unless specifically identified as such. No responsibility is assumed for cartographic accuracy. Drawings are not intended to be exact in size, scale, or detail. 18. Conversion of the subject's income into a market value opinion is based upon typical financing terms that were readily available from a disinterested, third party lender on this report’s effective date. Atypical financing terms and conditions do not influence market value, but may affect investment value. 19. All information and comments concerning the location, market area, trends, construction quality, construction costs, value loss, physical condition, rents, or any other data for the subject represent estimates and opinions of the Appraiser. Expenses shown in the Income Approach, if used, are only estimates. They are based on past operating history, if available, and are stabilized as generally typical over a reasonable ownership period. 20. The Appraiser is not required to give testimony or appear in court because of having prepared this report unless arrangements are agreed to in advance. If the Appraiser is subpoenaed pursuant to court order, the client agrees to compensate the Appraiser for their court appearance time, court preparation time, and travel Page 32 time at their regular hourly rate then in effect plus expenses. In the event the real property appraised is, or becomes the subject of litigation, a condemnation, or other legal proceeding, it is assumed the Appraiser will be given reasonable advanced notice, and reasonable additional time for court preparation. 21. Entreken Associates, Inc. and the Appraiser have no expertise in the field of insect, termite, or pest infestation. We are not qualified to detect the presence of these or any other unfavorable infestation. The Appraiser has no knowledge of the existence of any infestation on, under, above, or within the subject real estate. No overt evidence of infestation is apparent to the untrained eye. However, we have not specifically inspected or tested the subject property to determine the presence of any infestation. No effort was made to dismantle or probe the structure. No effort was exerted to observe enclosed, encased, or otherwise concealed evidence of infestation. The presence of any infestation would likely diminish the property's value. All value opinions in this communication assume there is no infestation of any type affecting the subject real estate. No responsibility is assumed by Entreken Associates, Inc. or the Appraiser for any infestation or for any expertise required to discover any infestation. Our client is urged to retain an expert in this field, if desired. 22. Effective January 26, 1992, the Americans with Disabilities Act (ADA) - a national law, affects all nonresidential real estate or the portion of any property, which is non-residential. The Appraiser has not observed the subject property to determine whether the subject conforms to the requirements of the ADA. It is possible a compliance survey, together with a detailed analysis of ADA requirements, could reveal the subject is not fully compliant. If such a determination was made, the subject's value may or may not be adversely affected. Since the Appraiser has no direct evidence, or knowledge pertaining to the subject's compliance or lack of compliance, this appraisal does not consider possible noncompliance or its effect on the subject's value. All opinions are those of the signatory Appraiser based on the information in this report. No responsibility is assumed by the Appraiser for changes in market conditions, or for the inability of the client, or any other party to achieve their desired results based upon the appraised value. Some of the assumptions or projections made herein can vary depending upon evolving events. We realize some assumptions may never occur and unexpected events or circumstances may occur. Therefore, actual results achieved during the projection period may vary from those set forth in this report. Compensation for appraisal services is dependent solely on the delivery of this report, and no other event or occurrence. 23. No part of this report shall be published or disseminated to the public by the use of advertising media, public relations media, news media, sales media, electronic devices, or other media without the prior written consent of Entreken Associates, Inc. This restriction applies particularly as to analyses, opinions, and conclusions; the identity of the Appraiser; and any reference to the Appraisal Institute or its MAI, SRPA, or SRA designations. Furthermore, no part of this report may be reproduced or incorporated into any information retrieval system without written permission from Entreken Associates, Inc., the copyright holder. Page 33 Addenda Page 34 Regional Analysis REGIONAL MAP Introduction The subject property is located in Clearwater, Pinellas County, Florida, which is within the Tampa-St. Petersburg- Clearwater Metropolitan Statistical Area (MSA). The Tampa MSA is generally referred to as the Tampa Bay area, which consists of Hernando, Hillsborough, Pasco, and Pinellas Counties, as defined by the US Census Bureau. It includes the major municipalities of Tampa, St. Petersburg, Clearwater, and Brandon. Some publications also include the Citrus, Manatee, Pasco, Polk, and Sarasota counties. However, for this analysis, we have included the four county area. The Tampa Bay area is approximately 80 miles west of Orlando, 270 miles northwest of Miami, and 200 miles southwest of Jacksonville. Because the subject benefits from the strength of the area, an overview of this area is appropriate, followed by a description of the community in which the subject is located. The Tampa Bay MSA is located in Southwest Florida on the Gulf of Mexico and Tampa Bay and encompasses 2,554.5 square miles. Page 35 MSA at a Glance - TAMPA-ST. PETERSBURG-CLEARWATER FL Page 36 Page 37 Employment Tampa Bay’s unemployment rate has decreased from a high of 13.2% in April 2020, and is at 3.6% as of September 2024, according to the Bureau of Labor and Statistics figures. The losses slowed in mid-2020 as Florida re-opened businesses, but much of the leisure, hospitality and tourism industries had ground to a halt. Among the other hardest hit industries were health care, social assistance, retail trade, professional and business services and construction. Health care job loss may have seemed unexpected, but the sector lost at least 43,000 jobs nationally, according to the report. Since mid-2020, these industries have recovered, and Florida unemployment now well outpaces the national average. Unemployment The following table exhibits current and past unemployment rates as obtained from the Bureau of Labor Statistics. Overall, the metro and the state had a lower unemployment rate than the nation. This, combined with the pro- business philosophy of Florida, has increased investor demand for real estate in Florida over the past couple years. Area YE 2018 YE 2019 YE 2020 YE 2021 YE 2022 YE 2023 Sep-24 Tampa-St. Pete-Clwr, FL MSA 3.3%2.7%5.4%3.0%2.4%3.0%3.6% Florida 3.4%2.7%6.2%3.2%2.5%2.9%3.4% United States 3.9%3.6%6.7%3.9%3.5%3.7%4.1% Unemployment Rates 0.0% 1.0% 2.0% 3.0% 4.0% 5.0% 6.0% 7.0% 8.0% Unemployment Rates Tampa-St. Pete-Clwr, FL MSA Florida United States Page 38 The following table provides the employment by industry for the Tampa Bay MSA. Mining/Logging 300 0.0% Construction 95,900 6.2% Manufacturing 76,800 4.9% Trade, Transportation, Utilities 280,200 18.0% Information 29,700 1.9% Financial Activities 145,100 9.3% Professional and Business Services 295,200 19.0% Education and Health Services 247,500 15.9% Leisure and Hospitality 171,600 11.0% Other Services 55,800 3.6% Government 158,700 10.2% Employment by Industry - Tampa Bay MSA Industry Aug-24 Percent of Employment Major Employers The following table indicates the major employers within the Tampa Bay MSA. Company No. of Employees State of Florida 34,700 MacDill Air Force Base 31,000 BayCare Health System 29,402 Publix Super Markets 27,000 Hillsborough County School District 23,750 HCA West Florida Division 17,000 University of South Florida 14,980 Polk County School District 13,363 Pinellas County School District 12,865 Adventhealth West Florida Division 12,000 Major Employers - Tampa Bay MSA Tourism Visitors to the Tampa Bay area contributed a direct impact in excess of $8 billion in fiscal year 2022, which included spending by international visitors, and domestic day and overnight visitors. Visit Tampa Bay said overall, total taxable hotel revenue for Tampa Bay has reached $963,632,597 for fiscal year 2022. Tourist development tax collections for the period reached $57,843,695, a 56.5% increase over the last fiscal year. Those numbers surpass pre-pandemic levels and represent a winning streak that will only continue. In Hillsborough County, the total Tourist Development Tax collections within the first 9 months of the 2023 fiscal year hit over $52,000,000. Pinellas County is known for the beaches of the barrier islands including from Clearwater Beach in the north to St. Pete Beach in the south. The St. Petersburg/Clearwater area is the leading destination on the Gulf Coast. Busch Gardens Tampa Bay launches the Serengeti Flyer, the tallest and fastest ride of its kind, while Adventure Island Water Park offers its new rides called Rapids Racer and Wahoo Remix. ZooTampa at Lowry Pak has also expanded its site to treat some of the injured Florida manatees. Page 39 The Gulf Coast draws visitors for the outdoor and on-the-water recreational opportunities such as golf with a myriad of public, municipal and private courses. The area is known as one of the best fishing grounds with both inshore and offshore opportunities and charter companies operating out of the many marinas in the area. Clearwater Beach is known as one of the best beaches in the world (Trip Advisor’s #1 in 2018) with many attractions including the Clearwater Marine Aquarium that’s home to two of the world’s most famous dolphins. There are many museums and other cultural attractions that draw tourists including the Dali Museum, the Chihuly Collection, St. Petersburg Museum of History and Imagine Museum to name a few. The St. Petersburg Arts Alliance partnered with St. Petersburg to ensure a strong arts-related economic presence and foster growth in the seven arts districts. Largo offers several attractions including the Florida Botanical Gardens, and the Pinellas County Heritage Village, an open-air historical village and museum dating to the mid-19th Century. The Pinellas Trail is a linear trail extending from St. Petersburg to Tarpon Springs through Largo. The 45-mile trail is developed mostly along abandoned rail lines and is open for cyclists, joggers, and skaters. Linkages Interstate 275 traverses north and south through the center of the county. This limited-access highway provides access to Interstate 75 to the north and Saint Petersburg to the south. Interstate 75 is a limited-access highway which traverses north and south through the center of the county. This highway provides access to Manatee County to the south and Hernando and Pasco counties to the north. Interstate 4 is a limited access highway that terminates in Hillsborough County and travels east to Orlando. There are several limited-access toll roads that traverse through the county and numerous county roads. There are three major bridges that provide access to Pinellas County from Hillsborough County. These include the West Courtney Campbell Causeway (State Route 60), the Howard Frankland Bridge (Interstate 275/State Route 93) and U.S. Highway 92/State Route 600. Overall, the linkages throughout the county are ample with good access to other areas of the Tampa Bay area. Transportation The Tampa Bay MSA is home to two major airports including St. Pete-Clearwater International Airport (PIE) in Pinellas County, and Tampa International Airport (TPA) in Hillsborough County. Tampa International Airport is an international airport approximately 6.0 miles west of Downtown Tampa. It is served by over twenty major airlines, including Southwest Airlines which operates up to 121 flights per day. In 2022, the airport reportedly handled 21,527,863 passengers, making it the 23rd busiest airport in North America. From March 7, 2023 to April 10, 2023, the airports spring break period, TPA had almost 2.5 million passengers which beats the previous spring break record from 2019 by almost 50,000 passengers. The airport recorded its busiest day on record on March 19, 2023, with more than 90,000 passengers. TPA is also planning a $790 million Airside D project that is scheduled for completion in late 2027. St. Pete-Clearwater International Airport saw a 2% increase in passengers in 2023. The airport connects Pinellas County with smaller cities across North America and is seeing growth in its Canadian business and is planning a $106 million terminal expansion. Mass transit is provided by the public transports available for each county as stated below: Pinellas County Pinellas Suncoast Transit Authority (PSTA) Hillsborough County Hillsborough Area Regional Transit Authority (HART) Pasco County Pasco County Public Transportation (PCPT) Hernando County Hernando County Transit Services (TheBus) Page 40 Population The 2024 population data is the most current available for the Tampa MSA with growth as illustrated below. As employment has increased over the past few years, the population growth has also increased. The four county Tampa MSA had an estimated 2024 population of 3,356,667 which is expected to increase by 0.88% per year until 2029. 2024 Population 2029 Population Estimation Population: Annual Growth Rate Tampa-St. Petersburg-Clearwater 3,356,667 3,506,366 0.88% Florida 22,779,514 23,862,875 0.93% USA 338,440,954 344,873,411 0.38% Median Household Income Total median household income for the region is presented in the following table. Overall, the subject’s MSA is similar to the state. However, is slightly below the nation. 2024 Median Household Income 2024 Average Household Income 2024 Per Capita Income Tampa-St. Petersburg-Clearwater $73,773 $106,305 $43,929 Florida $74,715 $105,305 $42,078 USA $79,068 $113,185 $43,829 Residential Real Estate House Price Appreciation: Median price for houses is $402,000 in October 2024 compared to $407,400 in October 2023, which was a 1.3% decrease. Condo/townhome median pricing is down -3.9% during the same timeframe, down to $288,445 from $300,000. Active listings are up 32.9% from last year in the Single-Family home market and up 39.1% in the Townhouse/Condo market. This is due to the decreased sales volume and decrease in demand for housing. The tables below summarize the most important housing market indicators for the Tampa, FL metro in October 2024. Single-Family Townhouses and Condos Source: Greater Tampa Realtors Page 41 The Tampa, FL metro had a weakening seller’s market in September 2024. For the Single-Family segment, months’ supply stood at 3.5 months. For the Townhouse/Condo segment, it stood at 5.0 months. On a market segment basis, entry-level markets tend to have a somewhat lower demarcation point between a buyer’s and seller’s market (estimated around 5 months) and move-up markets tend to have a somewhat higher demarcation point between a buyer’s and seller’s market (estimated around 7 months). This is because even in a balanced market, the less expensive entry-level homes usually sell more quickly than move-up homes. Lower levels of months’ inventory tend to lead to upward price pressures. This is especially common in the entry-level market, where supply has been most constrained since 2012 and which has led to reduced affordability. Mortgage Risk: AEI measures the level of mortgage risk present in a metro through the mortgage default rate. A higher mortgage default rate implies greater access to credit, but also indicates greater likelihood of default. While at first glance, greater access may seem like a positive, especially for first-time buyers trying to enter the market, when market conditions are tight, it actually works to their detriment. During a seller’s market, greater access to credit is capitalized into higher house prices, which then generally results in home prices rising faster than, for example, incomes or rents. In the Tampa, FL metro, the most recent mortgage default rate data is for the 1st quarter of 2024, which stood at 12.1%, compared to 12.5% for the nation. The mortgage default rate in the Tampa, FL metro decreased from a year ago, when the mortgage default rate stood at 12.8%. The mortgage default rate varied substantially by market segment for the Tampa, FL metro. The mortgage default rate for entry-level buyers was 15.0%, but only 8.9% for move-up buyers. Expected mortgage rate increases is not likely to be positive for the residential housing market. We expect pricing to stabilize and likely only moderately increase in 2024. This depends heavily on the net positive in-migration of people moving to the area from other parts of the country. New Construction Activity: In the first quarter of 2024, new construction share of sales added 21.4% overall to the Tampa, FL metro housing stock. This is higher than the nation, for which the new construction contribution during the same time period was 15.8%. Additions to the existing housing stock during this period varied substantially by market segment. While 17.9% was added to the entry-level tier stock, 26.6% was added to the move-up tier stock. MSA Conclusion Housing demand and prices continue to grow, while 2023 housing permits topped the previous year by 2%, housing prices are also at the highest levels since 2008. As the economy continued to improve throughout late 2022, not only did housing prices continue to rise, but residential rental rates also increased. These trends continued into 2023 and 2024 throughout the residential and commercial real estate sectors. It is unclear what effect rising interest rates will have on the economy and real estate markets. Healthcare is another key driver for the metro area—jobs in the medical profession are over 15% of the area’s workforce and pay slightly more than the local average. Hiring in these elective fields is evidence that residents are optimistic about the region’s recovery. This increase is also attributable to the extra demand created by the large, fast-growing senior population. Among major metro areas, the Tampa MSA maintains the largest percentage of residents older than 65, even with a population growth trend of under 20-year olds outpacing the country as a whole. Tampa-St. Petersburg-Clearwater is expected to outpace the nation over the next two years, as an influx of residents, mostly retirees and people moving from the northeast, will drive demand for housing and other locally produced services. These transplants will contribute to its tax base, but not add as much to its tightening labor supply as a high percentage appear to be retirees and remote employees. This will also help to continue to drive the construction market. Overall, these factors have led to the lowest unemployment levels in Tampa Bay since before the COVID pandemic, a growing labor force with more people entering the job market, while driving up wages. While the hospitality industry in the beaches area has been robust over the past few years, continually breaking records, the industry is also expected to continue to slowly recover outside the beaches areas, as the US and world economies improve. The beaches continue to be some of the utmost traveled to destinations with outdoor venues especially in high demand in 2020 and 2021. These factors will ensure that Tampa Bay’s income expands faster than the nation’s over the forecast horizon. Robust healthcare and the outdoor lifestyle demand will be a catalyst for the foreseeable future and the outlook for the long-term economy is positive. Page 42 Neighborhood Analysis Due to the summary format of the report, detailed information relative to regional and city trends have been summarized as follows. Overview Pinellas County was founded in 1912. The county seat, Clearwater, was incorporated in 1891. It totals 608 square miles, made up of 274 square miles of land and 334 square miles of water. The subject’s neighborhood is located in Clearwater, within Pinellas County. The address is 516 Lakeview Rd and the borders include Sunset Point Rd to the north, US 19 to the east, East Bay Dr to the south, and the Intracoastal Waterway to the west. Access/Visibility Within the immediate area of the subject property, transportation access helps define the character of its development. This portion of Pinellas County has average to good access with the primary north and south roadways being US 19, Alt US-19 and Keene Rd, and the primary east and west roadways being Gulf to Bay Blvd, Drew St, Sunset Point Rd and Main St. Gulf to Bay Blvd gives the subject neighborhood quick access to Hillsborough County. There are a number of secondary and tertiary streets traversing the neighborhood to provide good access. Land Use Patterns Development within the neighborhood includes low-density commercial/retail development along major thoroughfares such as Court St and S Missouri Ave., with residential developments located on secondary thoroughfares scattered throughout the neighborhood. Residential makes up most of the development in the neighborhood on the south side of Court St, and the north side of Court St to Drew St has mixed development as it’s part of Downtown Clearwater. There is very little industrial development. The developable area in the PMA is approximately 95% developed, with most vacant land being parcels that were previously developed and were demolished for re-development. The approximate breakdown of land uses is as follows: Single-family 45%, Multifamily 15%, Retail 25%, Office 10%, Industrial 3%, and Vacant Land 2%. The neighborhood is in the stability phase of its life cycle. Page 43 New retail and mixed-use developments are also underway within 5 miles of the subject. The Clearwater Downtown Redevelopment Plan Area serves as a long-term vision for Downtown Clearwater and surrounding residential and commercial areas. It includes a 540-acre community redevelopment area namely Imagine Clearwater; a $55 million master plan along downtown’s waterfront that will offer high-rise office, mixed-use residential and retail space, and the North Marina Master Plan area on the other hand covers 64 acres just north of Downtown Clearwater which focuses on attracting commercial, retail, restaurants and more residential to the neighborhood. The City of Clearwater is in the design phase for a new city hall to be built at Myrtle Ave and Pierce St, south of the Municipal Services Building downtown. Plans include a 41,679 square foot city hall along with a public plaza green space that connects to the Pinellas Trail. The existing parking lot of the Municipal Services Building will support the new city hall, and onsite parking will be added for the development. The project is estimated to cost $44.8 million, $31.5 million for the new city hall and $13.3 million for renovation of the Municipal Services Building. A three-acre waterfront site at 551 Gulf Boulevard has been acquired for the development of a pair of nine-story buildings with 86 luxury residences, a resort-style pool deck and a 270-foot wide private beach. Residences are expected to range in size from 2,000 to 5,500 square feet, and will average just under 3,000 square feet, with prices from $2 million to $10 million. Sales for the project are expected to launch in late 2024, and vertical construction is set to begin in 2025. A new $32 million, 81-unit affordable housing community named Clearwater Gardens is being constructed at 1260 Cleveland St in Clearwater, just east of downtown. The four-story building will include 52 one-bedroom units, 8 two- bed one-bath units and 21 two-bed two-bath units. Units will range from 605 square feet to 929 square feet and will be open to households with incomes ranging from 30% of the area median income to 80%. Amenities will include resident programs and activities as well as a library, children’s game room, coworking space and a tech lab. There will also be a community garden for residents on the northeast corner of the property next to an existing community garden. Construction is expected to take 18 months to complete. Opal Sol, a new 248 unit all-suite resort is currently under construction on the east side of S Gulfview Blvd in Clearwater Beach, across the street from its sister property, Opal Sands Resort. Property amenities will include three pools, two with waterfront views, the full-service Opal Spa and four restaurants. Rooms will range from studio to three bedrooms, and guests will have access to additional dining and amenities at Opal Sands. Opal Sol will offer 57,194 square feet of event space that when combined with Opal Sands, will offer over 106,000 square feet of indoor/outdoor, and ancillary space that can accommodate groups of up to 700 attendees. Completion is expected in 2025. Public Facilities/ Services Public utilities (sewer, water, trash) are available to most portions of the neighborhood and provided by Pinellas County Utilities, while TECO Energy provides electricity. Fire and police protection are adequate to meet the needs of the neighborhood’s residents and are provided by the Clearwater Police Department and Clearwater Fire Rescue. Public transportation is available in the neighborhood and adequate medical services are also provided. Neighborhood Demographics The following tables present the subject neighborhood demographics for a one-, three- and five-mile radius from the subject property. Page 44 1 mile 3 miles 5 miles 2010 Population 9,606 81,222 201,434 2020 Population 10,580 84,713 211,222 2024 Population 10,315 85,436 214,568 2029 Population 10,334 84,819 214,152 2010-2020 Annual Rate 0.97%0.42%0.48% 2020-2024 Annual Rate -0.60%0.20%0.37% 2024-2029 Annual Rate 0.04%-0.14%-0.04% 2020 Median Age 47.2 47.2 50.2 2024 Median Age 48.3 47.6 50.6 Within 3 miles of the subject, the current year population is 85,436. In 2020, the Census count in the area was 84,713. The rate of change since 2020 was 0.20% annually. The five-year projection for the population in the area is 84,819 representing a change of -0.14% annually from 2024 to 2029. Demographic Data Population characteristics and income levels were obtained from STBOnline for 1, 3, and 5-mile radii near the subject’s location. A summary of the information is presented in the following tables. POPULATION Page 45 1 mile 3 miles 5 miles 2024 Wealth Index 59 100 89 2010 Households 4,528 34,971 93,286 2020 Households 5,031 36,588 98,048 2024 Households 5,180 37,382 100,420 2029 Households 5,290 37,660 101,675 2010-2020 Annual Rate 1.06%0.45%0.50% 2020-2024 Annual Rate 0.69%0.51%0.56% 2024-2029 Annual Rate 0.42%0.15%0.25% 2024 Average Household Size 1.87 2.19 2.08 The household count within 3 miles of the subject has changed from 36,588 in 2020 to 37,382 in the current year, a change of 0.51% annually. The five-year projection of households is 37,660, a change of 0.15% annually from the current year total. Average household size is currently 2.19. HOUSEHOLD Page 46 1 mile 3 miles 5 miles 2024 Percent of Income for Mortgage 76.5%41.0%37.8% 2024 Median Household Income $38,041 $62,228 $60,954 2029 Median Household Income $50,693 $81,720 $78,030 2024-2029 Annual Rate 5.91%5.60%5.06% 2024 Average Household Income $75,703 $101,078 $94,097 2029 Average Household Income $90,855 $120,375 $112,597 2024-2029 Annual Rate 3.72%3.56%3.65% 2024 Per Capita Income $37,490 $44,576 $44,217 2029 Per Capita Income $45,821 $53,829 $53,666 2024-2029 Annual Rate 4.09%3.84%3.95% Mortgage Income Median Household Income Average Household Income Per Capita Income Current median household income is $62,228 within 3 miles of the subject, compared to $79,068 for all U.S. households. Median household income is projected to be $81,720 in five years, compared to $91,442 all U.S. households. Current average household income is $101,078 in this area, compared to $113,185 for all U.S. households. Average household income is projected to be $120,375 in five years, compared to $130,581 for all U.S. households. Current per capita income is $44,576 in the area, compared to the U.S. per capita income of $43,829. The per capita income is projected to be $53,829 in five years, compared to $51,203 for all U.S. households. INCOME Page 47 1 mile 3 miles 5 miles 2024 Housing Affordability Index 32 61 66 2010 Total Housing Units 6,046 44,812 115,423 2010 Owner Occupied Housing Units 1,369 20,726 58,198 2010 Renter Occupied Housing Units 3,159 14,244 35,087 2010 Vacant Housing Units 1,518 9,841 22,137 2020 Total Housing Units 6,372 45,090 117,349 2020 Owner Occupied Housing Units 1,677 21,524 59,305 2020 Renter Occupied Housing Units 3,354 15,064 38,743 2020 Vacant Housing Units 1,257 8,512 19,350 2024 Total Housing Units 6,515 45,799 119,695 2024 Owner Occupied Housing Units 1,813 22,368 61,776 2024 Renter Occupied Housing Units 3,367 15,014 38,644 2024 Vacant Housing Units 1,335 8,417 19,275 2029 Total Housing Units 6,570 46,052 120,692 2029 Owner Occupied Housing Units 2,013 23,558 65,020 2029 Renter Occupied Housing Units 3,277 14,102 36,655 2029 Vacant Housing Units 1,280 8,392 19,017 Currently, 48.8% of the 45,799 housing units within 3 miles of the subject are owner occupied; 32.8%, renter occupied; and 18.4% are vacant. Currently, in the U.S., 57.9% of the housing units in the area are owner occupied; 32.1% are renter occupied; and 10.0% are vacant. In 2020, there were 45,090 housing units in the area and 18.9% vacant housing units. HOUSING Page 48 Conclusion The subject is located within Downtown Clearwater and is within five miles of the heart of Clearwater Beach. There have been significant increases in tourism and growth within the Clearwater Beach area over the past five years. Consequently, this growth has had a huge impact on the City of Clearwater and surrounding area tax base, retail/restaurant sales and overall home values. The area is nearly completely developed. The neighborhood is well located and is within commuting distance of other areas of Pinellas County and surrounding communities along the barrier islands. The accessibility of the locale is enhanced by its proximity to Gulf to Bay Blvd and location along S Missouri Ave. Given its location characteristics and being mostly built-out, a slow population growth is expected within 3 miles of the subject over the next several years. Demand for properties is expected to be stable. The long-term outlook for the neighborhood is anticipated to be one of continued slow growth, re-development, and demand into the foreseeable future. Page 49 Subject Photographs Exterior Exterior Exterior Exterior Exterior Exterior Page 50 Subject Photographs Exterior Exterior Exterior Exterior Exterior Exterior Page 51 Subject Photographs Exterior Exterior Exterior Exterior Exterior Exterior Page 52 Plat Map (Outline is Approximate) Source: Pinellas County Property Appraiser Aerial Map (Outline is Approximate) Source: Pinellas County Property Appraiser Page 53 Flood Map Page 54 Land Sale Comparables – Scenarios 1 & 2 ID 21713 Address 701-714 N Fort Harrison Ave City Clearwater State FL Zip 33755 County Pinellas Latitude 27.97279461 Longitude -82.7998959 Tax ID 09-29-15-52200-000-0041 , 09- 29-15-52200-000-0010 , 09-29- 15-52200-000-0050 , 09-29-15- 52200-000-0040 Property Major Type Land Property Type Commercial Address 701-714 N Fort Harrison Ave Date 12/16/2021 City Clearwater Price $1,600,000 State FL Price per Acre $2,085,261 Zip 33755 Price per Land SF $47.87 Tax ID 09-29-15-52200-000-0041 , 09- 29-15-52200-000-0010 , 09-29- 15-52200-000-0050 , 09-29-15- 52200-000-0040 Financing Conventional Grantor Osceola Properties, Inc.Property Rights Fee Simple Grantee Caeruleum Development, LLC Conditions of Sale Arm's Length Legal Description Long Legal Days on Market 749 Acres 0.77 Topography Gently Sloping Land SF 33,423 Zoning D - Downtown Road Frontage N Fort Harrison Ave, N Osceola Flood Zone Zone X Shape Rectangular Encumbrance or Easement None Noted Utilities Available to Site Environmental Issues None Noted Land Comparable 1 Transaction Site Sale Comments This 0.77-acre property located at 701-714 N Fort Harrison Ave, Clearwater, FL was sold on December 16, 2021, for a reported price of $1,600,000. The property sold with 7 apartments fully occupied and was marketed as an interim use during permitting and planning. According to the broker, the buyer expressed intentions to demolish the existing structures and redevelop the property. The property was previously owned by Osceola Properties Inc. The seller was represented by Gro Miller at Sunshine Professional Realty Corp. Page 55 ID 23464 Address 708 N Osceola Ave City Clearwater State FL Zip 33755 County Pinellas Latitude 27.9731826 Longitude -82.8004702 Tax ID 09-29-15-00000-420-0300 Property Major Type Land Property Type Commercial Address 708 N Osceola Ave Date 10/25/2022 City Clearwater Price $2,000,000 State FL Price per Acre $2,172,543 Zip 33755 Price per Land SF $49.87 Tax ID 09-29-15-00000-420-0300 Financing Conventional Grantor 708 Holdings, LLC Property Rights Fee Simple Grantee RSRCACD 2201, LLC Conditions of Sale Arm's Length Legal Description Long Legal Days on Market -- Acres 0.92 Topography Gently Sloping Land SF 40,101 Zoning D - Downtown Road Frontage N Osceola Ave Flood Zone Zone X Shape Roughly Rectangular Encumbrance or Easement None Noted Utilities Available to Site Environmental Issues None Noted Transaction Site Sale Comments This commercial land property located at 708 N Osceola Ave, Clearwater FL, was sold on October 25, 2022, for $2,000,000. The buyer, RSR Capital Advisors, has announced to redevelop the property with a 52-unit luxury condominium community which is expected to include both designer-ready shells and move-in ready units, with pricing expected to start at $1.2 million. Residents will enjoy waterfront views of the Intracoastal Waterway, a pool/cabana area, a fitness and activity center, a golf simulator, beautiful interior finishes, and other high-end amenities. Land Comparable 2 Page 56 ID 21733 Address 107 S Osceola Ave City Clearwater State FL Zip 33756 County Pinellas Latitude 27.9641667 Longitude -82.80087208 Tax ID 16-29-15-20358-002-0110 Property Major Type Land Property Type Commercial Address 107 S Osceola Ave Date 12/11/2022 City Clearwater Price $1,850,000 State FL Price per Acre $2,238,869 Zip 33756 Price per Land SF $51.40 Tax ID 16-29-15-20358-002-0110 Financing Conventional Grantor Peace Memorial Presbyterian Church of Clearwater, Florida, INC. Property Rights Fee Simple Grantee Community Redevelopment Agency of the City of Clearwater, Florida Conditions of Sale Arm's Length Legal Description Long Legal Days on Market -- Acres 0.83 Topography Gently Sloping Land SF 35,994 Zoning D - Downtown Road Frontage S Osceola Ave & Pierce St Flood Zone Zone X Shape Rectangular Encumbrance or Easement None Noted Utilities Available to Site Environmental Issues None Noted Land Comparable 3 Transaction Site Sale Comments This commercial land property located at 107 S Osceola Ave, Clearwater FL, was sold on December 11, 2022, for $1,850,000. Clearwater's Community Redevelopment Agency purchased the site from Peace Memorial Presbyterian Church. The city plans to use the site to build a 550-space parking garage. Part of the purchase agreement states that 125 spaces will be reserved on Sunday mornings for the church services. The ground portion of the garage also will have 12,000 +/- SF of retail space and there are limitations on what may go into that space. There will be no liquor stores, bars, or tattoo parlors allowed in the space. Page 57 ID 24573 Address 633 Drew St City Clearwater State FL Zip 33755 County Pinellas Latitude 27.9676032 Longitude -82.797693 Tax ID 16-29-15-59580-001-0000 Property Major Type Industrial Property Type Warehouse Address 633 Drew St Date 5/10/2023 City Clearwater Price $5,750,000 State FL Price per Acre $4,554,816.22 Zip 33755 Price per Land SF $104.56 Tax ID 16-29-15-59580-001-0000 Financing Conventional Grantor Andrew Nall & Scott Nall Property Rights Fee Simple Grantee Zano Team 4 LLC Conditions of Sale Arm's Length Legal Description Long Legal Days on Market 423 Acres 1.26 Topography Gently Sloping Land SF 54,990 Zoning D - Downtown Road Frontage Drew St Flood Zone Zone X Shape Irregular Encumbrance or Easement None Noted Utilities Available to Site Environmental Issues None Noted Transaction Site Sale Comments This industrial property located at 633 Drew St, Clearwater FL, was sold on May 10, 2023, for $5,750,000. The property is zoned D - Downtown and would allow up to 75 units per acre. According to the broker, the property was purchased for its land value by a motivated party who also had acquired other lands in the area. Land Comparable 4 Page 58 ID 21711 Address 639-645 Chestnut St City Clearwater State FL Zip 33756 County Pinellas Latitude 27.96044425 Longitude -82.79715054 Tax ID 15-29-15-54450-019-0030 Property Major Type Land Property Type Multi-Family Address 639-645 Chestnut St Date 3/15/2022 City Clearwater Price $960,000 State FL Price per Acre $1,319,914 Zip 33756 Price per Land SF $30.30 Tax ID 15-29-15-54450-019-0030 Financing Conventional Grantor Chestnut Development Associates LLC Property Rights Fee Simple Grantee Chestnut & Trail LLC Conditions of Sale Arm's Length Legal Description MAGNOLIA PARK BLK 19, LOTS 3, 4 AND 5 AND E 2FT OF LOT 2 Days on Market 5361 Acres 0.73 Topography Gently Sloping Land SF 31,682 Zoning D - Downtown Road Frontage Chestnut St Flood Zone Zone X Shape Rectangular Encumbrance or Easement None Noted Utilities Available to Site Environmental Issues None Noted Site Sale Comments This 0.73-acre commercial land property located at 645 Chestnut St, Clearwater, FL was sold on March 15, 2022, for a reported price of $960,000. The seller reports the sale as an arm's length transaction without any approvals. The purchaser received approval for a 5 story, 52-unit apartment building with 4,000 square feet of ground floor non- residential space. The site has 52 parking spaces. Land Comparable 2 - Scenario 2 Transaction Page 59 Definitions Definitions are from The Dictionary of Real Estate Appraisal, 7th Edition (Dictionary), the Building Owners and Managers Association International (BOMA), and the International Council of Shopping Centers (ICSC). Absolute Net Lease A lease in which the tenant pays all expenses including structural maintenance, building reserves, and management; often a long-term lease to a credit tenant.1 Amortization 1. The process of retiring a debt or recovering a capital investment, typically through scheduled, systematic repayment of the principal; a program of periodic contributions to a sinking fund or debt retirement fund.1 2. The gradual reduction of an amount over time, such as tax depreciation of intangible items. As Is Market Value The estimate of the market value of real property in its current physical condition, use, and zoning as of the appraisal date.1 Base Rent The minimum rent stipulated in a lease.1 Base Year The year on which escalation clauses in a lease are based.1 Building Common Area In office buildings, the areas of the building that provide services to building tenants but that are not included in the office area or store area of any specific tenant. These areas may include, but shall not be limited to, main and auxiliary lobbies, atrium spaces at the level of the finished floor, concierge areas or security desks, conference rooms, lounges or vending areas, food service facilities, health or fitness centers, daycare facilities, locker or shower facilities, mail rooms, fire control rooms, fully enclosed courtyards outside the exterior walls, and building core and service areas such as fully enclosed mechanical or equipment rooms. Specifically excluded from building common area are floor common areas, parking space, portions of loading docks outside the building line, and major vertical penetrations.2 Building Rentable Area The sum of all floor rentable areas. Floor rentable area is the result of subtracting from the gross measured area of a floor the major vertical penetrations on that same floor. It is generally fixed for the life of the building and is rarely affected by changes in corridor size or configuration.2 Certificate of Occupancy (COO) A formal written acknowledgment by an appropriate unit of local government that a new construction or renovation project is at the stage where it meets applicable health and safety codes and is ready for commercial or residential occupancy.1 Common Area Maintenance (CAM) The expense of operating and maintaining common areas; may or may not include management charges and usually does not include capital expenditures on tenant improvements or other improvements to the property.1 The amount of money charged to tenants for their shares of maintaining a [shopping] center’s common area. The charge that a tenant pays for shared services and facilities such as electricity, security, and maintenance of parking lots. Items charged to common area maintenance may include cleaning services, parking lot sweeping and maintenance, snow removal, security and upkeep.3 Condominium An attached, detached, or stacked unit within or attached to a structure with common areas that are held as tenants in common (an undivided interest) with other owners in the project. The units can be residential, commercial, industrial, or parking spaces or boat docks. These units are commonly defined by state laws in their locations. Because units can be stacked on top of other units, these units can be defined both vertically and horizontally.1 1 Dictionary of Real Estate Appraisal, 7th Edition 2 Building Owners and Managers Association (BOMA) 3 International Council of Shopping Centers (ICSC), 4th Edition Conservation Easement An interest in real estate restricting future land use to preservation, conservation, wildlife habitat, or some combination of those uses. A conservation easement may permit farming, timber harvesting, or other uses of a rural nature as well as some types of conservation- oriented development to continue, subject to the easement.1 Contributory Value A type of value that reflects the amount a property or component of a property contributes to the value of another asset or to the property as a whole. The change in the value of a property as a whole, whether positive or negative, resulting from the addition or deletion of a property component. Also called deprival value in some countries.1 Depreciation 1. In appraisal, a loss in property value of improvements from any cause; the difference between the cost of an improvement on the effective date of the appraisal and the value of the improvement on the same date. 2. In accounting, an allocation of the original cost of an asset, amortizing the cost over the asset’s life; calculated using a variety of standard techniques.1 Disposition Value The most probable price that a specified interest in property should bring under the following conditions:  Consummation of a sale within a specified time, which is shorter than the typical exposure time for such a property in that market.  The property is subjected to market conditions prevailing as of the date of valuation;  Both the buyer and seller are acting prudently and knowledgeably;  The seller is under compulsion to sell;  The buyer is typically motivated;  Both parties are acting in what they consider to be their best interests;  An adequate marketing effort will be made during the exposure time;  Payment will be made in cash in U.S. dollars (or the local currency) or in terms of financial arrangements comparable thereto; and  The price represents the normal consideration for the property sold, unaffected by special or creative financing or sales concessions granted by anyone associated with the sale.4 Easement The right to use another’s land for a stated purpose.1 Effective Date 1. The date on which the appraisal opinion applies. (SVP) 2. The date to which an appraiser’s analyses, opinions, and conclusions apply. 3. The date that a lease goes into effect.1 Effective Gross Income (EGI) The anticipated income from all operations of the real estate after an allowance is made for vacancy and collection losses and an addition is made for any other income.1 Effective Rent Total base rent, or minimum rent stipulated in a lease, over the specified lease term minus rent concessions; the rent that is effectively paid by a tenant net of financial concessions provided by a landlord. (TIs).1 Excess Land Land that is not needed to serve or support the existing use. The highest and best use of the excess land may or may not be the same as the highest and best use of the improved parcel. Excess land has the potential to be sold separately and is valued separately.1 4 Dictionary of Real Estate Appraisal, 7th Edition Page 60 Expense Stop A clause in a lease that limits the landlord’s expense obligation, which results in the lessee paying operating expenses above a stated level or amount.1 Exposure Time 1. The time a property remains on the market. 2. An opinion, based on supporting market data, of the length of time that the property interest being appraised would have been offered on the market prior to the hypothetical consummation of a sale at market value on the effective date of the appraisal.1 Extraordinary Assumption An assignment-specific assumption as of the effective date regarding uncertain information used in an analysis which, if found to be false, could alter the appraiser’s opinions or conclusions. Comment: Uncertain information might include physical, legal, or economic characteristics of the subject property; or conditions external to the property, such as market conditions or trends; or about the integrity of data used in an analysis. 1 Fee Simple Estate Absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domain, police power, and escheat.1 Floor Common Area In an office building, the areas on a floor such as washrooms, janitorial closets, electrical rooms, telephone rooms, mechanical rooms, elevator lobbies, and public corridors which are available primarily for the use of tenants on that floor.5 Full Service (Gross) Lease A lease in which the landlord receives stipulated rent and is obligated to pay all of the property’s operating and fixed expenses; also called a full service lease.1 Furniture, Fixtures, and Equipment (FF&E) Business trade fixtures and personal property, exclusive of inventory.1 Going-Concern Value An outdated label for the market value of all the tangible and intangible assets of an established and operating business with an indefinite life, as if sold in aggregate; more accurately termed the market value of the going concern or market value of the total assets of the business.6 Gross Building Area (GBA) 1. Total floor area of a building, excluding unenclosed areas, measured from the exterior of the walls of the above-grade area. This includes mezzanines and basements if and when typically included in the market area of the type of property involved. 2. Gross leasable area plus all common areas. 3. For residential space, the total area of all floor levels measured from the exterior of the walls and including the superstructure and substructure basement; typically does not include garage space.1 Gross Leasable Area (GLA) Total floor area designed for the occupancy and exclusive use of tenants, including basements and mezzanines; measured from the center of joint partitioning to the outside wall surfaces.1 Gross Up Method A method of calculating variable operating expenses in income- producing properties when less than 100% occupancy is assumed. Expenses reimbursed based on the amount of occupied space, rather than on the total building area, are described as “grossed up.”1 Gross Retail Sellout The sum of the separate and distinct market value opinions for each of the units in a condominium, subdivision development, or portfolio of properties, as of the date of valuation. The aggregate of retail values does not represent the value of all the units as though sold together in a single transaction; it is simply the total of the individual market value conclusions. An appraisal has an effective date, but summing the sale prices of multiple units over an extended period of time will not be the 5 Building Owners and Managers Association (BOMA) 6 Dictionary of Real Estate Appraisal, 7th Edition value on that one day unless the prices are discounted to make the value equivalent to what another developer or investor would pay for the bulk purchase of the units. Also called the aggregate of the retail values or aggregate retail selling price..1 Ground Lease A lease that grants the right to use and occupy land. Improvements made by the ground lessee typically revert to the ground lessor at the end of the lease term.1 Ground Rent The rent paid for the right to use and occupy land according to the terms of a ground lease; the portion of the total rent allocated to the underlying land.1 Hypothetical Condition 1. A condition that is presumed to be true when it is known to be false. (SVP – Standards of Valuation Practice) 2. A condition, directly related to a specific assignment, which is contrary to what is known by the appraiser to exist on the effective date of the assignment results, but is used for the purpose of analysis. Comment: Hypothetical conditions are contrary to known facts about physical, legal, or economic characteristics of the subject property; or about conditions external to the property, such as market conditions or trends; or about the integrity of data used in an analysis. (USPAP, 2020- 2021 ed.)1 Insurable Value A type of value for insurance purposes. (Typically this includes replacement cost less basement excavation, foundation, underground piping and architect’s fees).1 Investment Value 1. The value of a property to a particular investor or class of investors based on the investor’s specific requirements. Investment value may be different from market value because it depends on a set of investment criteria that are not necessarily typical of the market.1 2. The value of an asset to the owner or a prospective owner given individual investment or operational objectives. (IVS) Leased Fee Interest The ownership interest held by the lessor, which includes the right to receive the contract rent specified in the lease plus the reversionary right when the lease expires.1 Leasehold Interest The right held by the lessee to use and occupy real estate for a stated term and under the conditions specified in the lease.1 Liquidation Value The most probable price that a specified interest in property should bring under the following conditions:  Consummation of a sale within a short time period.  The property is subjected to market conditions prevailing as of the date of valuation.  Both the buyer and seller are acting prudently and knowledgeably.  The seller is under extreme compulsion to sell.  The buyer is typically motivated.  Both parties are acting in what they consider to be their best interests.  A normal marketing effort is not possible due to the brief exposure time.  Payment will be made in cash in U.S. dollars (or the local currency) or in terms of financial arrangements comparable thereto.  The price represents the normal consideration for the property sold, unaffected by special or creative financing or sales concessions granted by anyone associated with the sale.1 Market Rent The most probable rent that a property should bring in a competitive and open market under all conditions requisite to a fair lease transaction, the lessee and lessor each acting prudently and knowledgeably, and assuming the rent is not affected by undue Page 61 stimulus. Implicit in this definition is the execution of a lease as of a specified date under conditions whereby  Lessee and lessor are typically motivated;  Both parties are well informed or well advised, and acting in what they consider their best interests;  Payment is made in terms of cash or in terms of financial arrangements comparable thereto; and  The rent reflects specified terms and conditions typically found in that market, such as permitted uses, use restrictions, expense obligations, duration, concessions, rental adjustments and revaluations, renewal and purchase options, frequency of payments (annual, monthly, etc.), and tenant improvements (TIs).1 Market Value The most probable price that a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby:  Buyer and seller are typically motivated;  Both parties are well informed or well advised, and acting in what they consider their own best interests;  A reasonable time is allowed for exposure in the open market;  Payment is made in terms of cash in United States dollars or in terms of financial arrangements comparable thereto; and  The price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale.1 Marketing Time An opinion of the amount of time to sell a property interest at the concluded market value or at a benchmark price during the period immediately after the effective date of an appraisal. Marketing time differs from exposure time, which precedes the effective date of an appraisal. (Advisory Opinion 7 and Advisory Opinion 35 of the Appraisal Standards Board of the Appraisal Foundation address the determination of reasonable exposure and marketing time.)1 Modified Gross Lease A lease in which the landlord receives stipulated rent and is obligated to pay some, but not all, of the property’s operating and fixed expenses. Since assignment of expenses varies among modified gross leases, expense responsibility must always be specified. In some markets, a modified gross lease may be called a double net lease, net net lease, partial net lease, or semi-gross lease.1 Operating Expense Ratio The ratio of total operating expenses to effective gross income (TOE/EGI); the complement of the net income ratio, i.e., OER = 1 – NIR1 Partial Interest Divided or undivided rights in real estate that represent less than the whole, i.e., a fractional interest such as a tenancy in common or easement.1 Pass Through A tenant’s portion of operating expenses that may be composed of common area maintenance (CAM), real property taxes, property insurance, and any other expenses determined in the lease agreement to be paid by the tenant.1 Potential Gross Income (PGI) The total income attributable to property at full occupancy before vacancy and operating expenses are deducted.1 Prospective Opinion of Value A value opinion effective as of a specified future date. Ther term does not define a type of value. Instead, it identifies a value opinion as being effective at some specific future date. An opinion of value as of a prospective date is frequently sought in connection with projects that are proposed, under construction, or under conversion to a new use, or those that have not yet achieved sellout or a stabilized level of long- term occupancy.1 Rentable Area For office or retail buildings, the tenant’s pro rata portion of the entire office floor, excluding elements of the building that penetrate through the floor to the areas below. The rentable area of a floor is computed by measuring the inside finished surface of the dominant portion of the permanent building walls, excluding any major permanent penetrations of the floor. Alternatively, the amount of space on which the rent is based; calculated according to local practice.1 Replacement Cost The estimated cost to construct, at current prices as of a specific date, a substitute for a building or other improvements, using modern materials and current standards, design, and layout.1 Reproduction Cost The estimated cost to construct, at current prices as of the effective date of the appraisal, an exact duplicate or replica of the building being appraised, using the same or similar materials, construction standards, design, layout, and quality of workmanship and embodying all of the deficiencies, superadequacies, and obsolescence of the subject building.1 Retrospective Value Opinion A value opinion effective as of a specified historical date. The term retrospective does not define a type of value. Instead, it identifies a value opinion as being effective at some specific prior date. Value as of a historical date is frequently sought in connection with property tax appeals, damage models, lease renegotiation, deficiency judgments, estate tax, and condemnation. Inclusion of the type of value with this term is appropriate, e.g., “retrospective market value opinion.”1 Surplus Land Land that is not currently needed to support the existing use but cannot be separated from the property and sold off for another use. Surplus land does not have an independent highest and best use and may or may not contribute value to the improved parcel.1 Triple Net (Net Net Net) Lease An alternative term for a type of net lease. In some markets, a net net net lease is defined as a lease in which the tenant assumes all expenses (fixed and variable) of operating a property except that the landlord is responsible for structural maintenance, building reserves, and management; also called NNN lease, net net net lease, or fully net lease.1 Use Value The value of a property based on a specific use, which may or may not be the property’s highest and best use. If the specified use is the property’s highest and best use, use value will be equivalent to market value. If the specified use is not the property’s highest and best use, use value will be equivalent to the property’s market value based on the hypothetical condition that the only possible use is the specified use. Value-in-Use The amount determined by discounting the future cash flows (including the ultimate proceeds of disposal) expected to be derived from the use of an asset at an appropriate rate that allows for the risk of the activities concerned. Page 62 Qualifications Page 63 APPRAISAL OF LAND- VACATED RIGHT-OF-WAY (0.65 ACRES MOL) SOUTH GARDEN AVENUE ROW; FRANKLIN STREET TO COURT STREET CLEARWATER, FLORIDA 33756 (24020) FOR DYLAN E. MAYEUX, REAL ESTATE SALES & MARKETING ECONOMIC DEVELOPMENT & HOUSING DEPT. CITY OF CLEARWATER 600 CLEVELAND ST., SUITE 600 CLEARWATER, FL 33755 December 30, 2024 Dylan E. Mayeux, Real Estate Sales & Marketing Economic Development & Housing Dept. City of Clearwater 600 Cleveland St., Suite 600 Clearwater, FL 33755 Dear Mr. Mayeux: Re: Appraisal of Land- Vacated Right-Of-Way (0.65 Acres MOL) South Garden Avenue ROW; Franklin Street to Court Street, Clearwater, Florida 33756 As requested, I have made a detailed investigation, analysis, and appraisal of the fee simple interest of the referenced property, legally described later in the report. This appraisal has been prepared for our client, City of Clearwater; Intended Use- Assist client in possible sale of subject property. Intended user- City of Clearwater. In my opinion, the fee simple interest of appraised property, Land- Vacated Right-Of-Way (0.65 Acres MOL), South Garden Avenue ROW; Franklin Street to Court Street, Clearwater, Florida 33756, had a market value “AS IS”, as of the effective date, December 18, 2024, of ONE MILLION THREE HUNDRED SEVENTY-FIVE THOUSAND DOLLARS ($1,375,000). This appraisal is subject to an extraordinary assumption, namely, that the subject property is currently a public right-of-way but is assumed to have been vacated by the city (and all public utilities relocated) for the purpose of sale to the open market. The report is an Appraisal Report, which has been prepared in compliance with the provisions of FIRREA, USPAP, the Interagency Guidelines, and the specific contractual requirements of the client, City of Clearwater. The appraiser meets the competency requirements of USPAP for this assign- ment. The appraiser has not previously appraised subject property nor provided other professional services with respect to it in the last three years. Respectfully submitted, TOBIAS REALTY ADVISORS, LLC C. Richard Tobias, MAI State-Certified General Real Estate Appraiser RZ705 AERIAL VIEW OF SUBJECT NEIGHBORHOOD AERIAL VIEW OF SUBJECT FROM SOUTH AERIAL VIEW FROM NORTH AERIAL PLAT VIEW OF SITE FROM ITS NORTHEAST CORNER LOOKING SOUTH VIEW FROM SUBJECT’S SOUTHEAST CORNER LOOKING NORTH COURT STREET; VIEW EAST FROM SUBJECT COURT ST. TO WEST AND COUNTY COURTHOUSE COMPLEX VIEW NORTH TO COS POWER BUILDING FROM SUBJECT COS PROPERTY & PARKING GARAGE EAST OF SUBJECT TOBIAS REALTY ADVISORS, LLC 2 APPRAISAL REPORT Property Identification: Land- Vacated Right-Of-Way (0.65 Acres MOL), South Garden Avenue ROW; Franklin Street to Court Street, Clearwater, Florida 33756; The subject property is located in the ar- ea adjacent east of the Pinellas County Court- house and due south of the Church of Scientology (COS) Flag Building; site is also located in the heart of Downtown Clearwater in the Downtown Core Character District. Client: Dylan E. Mayeux, Real Estate Sales & Marketing Economic Development & Housing Dept. City of Clearwater 600 Cleveland St., Suite 600 Clearwater, FL 33755 Client Type: Municipality Appraiser: C. Richard Tobias, MAI State Certified General Appraiser, RZ705 Purpose of the Appraisal: To provide the client with an opinion of market value “as is” as defined by the Interagency Ap- praisal and Evaluation Guidelines. USPAP Competency: The appraiser has 44 years of experience in commercial properties of subject’s type in Pinel- las County, Florida. Market Value is “The most probable price which a property should bring in a competitive and open market un- der all conditions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably, and assum- ing the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: 1. Buyer and seller are typically motivated; 2. Both parties are well informed or well advised, and each acting in what they consider their own best interest; 3. A reasonable time is allowed for exposure in the open market; 4. Payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and, the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by any- one associated with the sale.” 1 1 Interagency Appraisal and Evaluation Guidelines, Department of the Treasury; December 2010. TOBIAS REALTY ADVISORS, LLC 3 Intended Use Of Report: Assist client in possible sale of subject property Intended User: City of Clearwater Interest Valued: Fee simple Extraordinary Assumption: This appraisal is subject to an extraordinary as- sumption, namely, that the subject property is currently a public right-of-way but is assumed to have been vacated by the city (and all public utilities relocated) for the purpose of sale to the open market. Extraordinary Assumption- An assumption, directly related to a specific assignment, as of the effective date of the assignment results, which, if found to be false, could alter the appraiser’s opinions or conclusions. Property Owner: City of Clearwater 3-Year Sales History: There have been no transactions of the defined Garden Avenue ROW within the last 3 years. Date of Inspection: December 18, 2024 Effective Date of Value: December 18, 2024 Scope of Work:  Inspection of the subject property;  Analysis of regional and neighborhood data with emphasis upon the market for redevel- opment properties in Downtown Clearwater;  Description of property;  Analysis of zoning, utilities, services, prop- erty taxes, and site;  Highest and best use analysis; as vacant with vacation of right-of-way within the defined land area;  Cost approach to value was excluded as the property is being valued as land only;  Sales comparison approach utilizing recent comparable sales of vacant land and margin- ally improved properties in the Downtown Clearwater market; adjustments were made TOBIAS REALTY ADVISORS, LLC 4 to the comparable sales where they material- ly differed from the subject property; com- parables were analyzed on basis of price per square foot of land area; comparables were ranked based on their overall comparability; results of this analysis identified the market value of this property “as is” in fee simple interest;  Income capitalization approach was exclud- ed as inapplicable in the case of a downtown site for redevelopment;  Reconciliation of the methodologies and da- ta to provide conclusion of market value “as is” in fee simple interest. Legal Description: A proposed right-of-way vacation particularly described as follows: All of the right-of-way of Garden Avenue abutting lots 6-11 together with that portion abutting the vacated 15 foot alley lying between lots 10 and 11 of Court Square Subdivision as recorded in Plat Book 5, Page 53 of the Public Records of Pinellas County. Con- taining 0.65 Acres +/-. Zoning: D, Downtown District; City of Clearwater; as such there is a wide variety of permitted uses. The Level 1 uses with minimum standards in- clude multi-family, bars, brewpubs, congregate care facilities, medical clinics, museums, offic- es, hotels, places of worship, research and tech- nology facilities, restaurants, retail, schools, and community centers. In addition to the above permitted uses, Level 1 flexible standard uses include educational facilities, government uses, micro-breweries, and nightclubs. Maximum FAR: 4.0 (would yield building of 113,250 sq. ft. MOL) Maximum Residential Density: 75 units per acre (would yield roughly 49 units) Maximum Hotel Density: 95 units per acre Maximum Building Height: Unlimited TOBIAS REALTY ADVISORS, LLC 5 Future Land Use Plan (FLUP): CBD, Central Business District; current zoning consistent with FLUP. Character District: Downtown Core Tax Parcel Numbers: None Assigned Property Assessment (2024): $0 Millage Rate (2024): 19.9181 Real Estate Taxes (2022): $0; Exempt as municipal ROW DeLorme Street Atlas USA® 2013 NEIGHBORHOOD MAP Data use subject to license. © DeLorme. DeLorme Street Atlas USA® 2013. www.delorme.com TN MN (6.2°W) 0 200 400 600 800 1000 0 100 200 300 400 500 ftm Scale 1 : 11,200 1" = 933.3 ft Data Zoom 14-2 TOBIAS REALTY ADVISORS, LLC 6 Neighborhood Description: The subject property (0.65 acres MOL) is the 100-foot wide ROW of S. Garden Avenue between Franklin Street and Court Street and one block east of the Pinellas Coun- ty Courthouse and due south of the Church of Scientolo- gy (COS) Flag Building; site is also located in the heart of Downtown Clearwater in the Downtown Core Charac- ter District. Clearwater is the county seat of Pinellas County and its second largest municipality (118,183); it is located in north central Pinellas and spans roughly two-thirds of the peninsula from Clearwater Beach eastward to McMullen- Booth Road; the city’s northerly limits are at Union Street approximately 1.7 miles north of the subject site. According to the 2000 U.S. Census, the population of Clearwater was 109,268, making it the second largest community in Pinellas County behind St. Petersburg (247,894); as of 2010 Clearwater’s population had in- creased slightly to 110,031; as of 2022 the population has grown by 7.4% to 118,183. St. Petersburg is located at the south end of the county, approximately 12 miles south of the subject property; Downtown Clearwater (Core Dis- trict), site of the Pinellas County Courthouse and gov- ernment center, is the location of the subject. Clearwater is a sprawling community bounded on the north by Palm Harbor and Dunedin and on the south by Largo; it ex- tends across the Pinellas peninsula from Clearwater Beach eastward approximately 7 miles to Old Tampa Bay. U.S. Highway 19 is a six-lane, limited access highway; there is an elevated interchange with Gulf-to-Bay Boule- vard, 4.0 miles east of the subject. It is the primary north/south artery in Pinellas County and along much of Florida's west coast. According to the latest FDOT Traf- fic Count Map, approximately 119,000 cars utilize this roadway daily in Clearwater. Gulf-to-Bay Boulevard (SR 60) is a six-lane, east/west artery spanning the center portion of Clearwater; it lies ½ mile south of Drew Street and is the primary commercial artery linking US Highway 19 and the CBD; daily traffic TOBIAS REALTY ADVISORS, LLC 7 count is 51,500 just east of the intersection of Court Street and Highland Avenue; volume drops significantly to 5,000 in the northwest leg of Gulf-to-Bay, which links with Cleveland Street. Cleveland Street lies 3 blocks north of the subject and provides east/west linkage within the CBD; it extends 1.2 miles west through Downtown, where it terminates at Coachman Park (site of Imagine Clearwater); Cleveland had formerly been the approach to Clearwater Causeway, which links the CBD with Clearwater Beach; following the construction of the new, elevated span the beach traf- fic is routed west on Court Street through the CBD. Ft. Harrison Avenue is one block west of the subject; it is a 3-lane, north/south roadway linking the Downtown Core Area with Old Bay District; at the Dunedin city lim- its it becomes Edgewater Drive; traffic count is 14,862 in South Gateway just south of the Core; South Ft. Harrison extends south from the Core District accessing Morton Plant Hospital (0.7 miles south of subject) and the area known as South Gateway. Court Street (SR 60) lies adjacent south of the subject and provides primary east/west linkage within the CBD; it extends from the Highland Avenue intersection west through the CBD to Clearwater’s Memorial Causeway (to Clearwater Beach); following the construction of the new span the beach traffic is now routed west (one-way) on Court Street through the CBD, where the daily traffic count is 15,500. Chestnut Street (SR 60) lies one block south of the sub- ject tract and is the eastbound reciprocal of Court Street in the Core; it carries 19,000 vehicles daily in the subject area and merges with Court Street 0.3 miles to the east, where the combined E/W traffic is 38,000 daily. Drew Street (SR 590) is 0.3 miles north of the subject and acts as an alternative east/west artery (4-lane) linking US Highway 19 with the CBD; it carries 13,500 cars per day in the west section, which increases to 20,200 east of Downtown. TOBIAS REALTY ADVISORS, LLC 8 Myrtle Avenue lies 0.3 miles east of the subject site; it is a multi-lane, north/south artery extending through the east portion of the Core District roughly 0.4 miles east of S. Ft. Harrison Avenue; it currently carries 15,600 cars per day in Downtown Clearwater. Keene Road (CR 1) is 2.1 miles east of the subject; it is a 4-lane, north/south artery linking Clearwater with Largo and Seminole to the south as well as Dunedin and Palm Harbor to the north; traffic count is 27,359 south of Gulf- to Bay. The highway infrastructure described above provides av- erage to good access to most population centers through- out Pinellas County and the greater Tampa Bay area. Access is particularly good from Largo, Dunedin, and Safety Harbor to the east as well as the Clearwater CBD Core. Morton Plant Hospital is a primary traffic generator for the CBD. It is the 5th largest medical center in the Tampa Bay area with 687 beds and 546 affiliated physicians; Morton Plant is also a major employer in the county with 2,200 employees. Similar to most major hospitals in the area it has attracted extensive satellite development of medical offices, clinics, outpatient centers, and other healthcare relate uses. Some ancillary office development has extended east of the Core District but the bulk of this activity lies in the South Gateway District. Another major factor that has influenced downtown Clearwater for the past two decades is the Church of Sci- entology (COS). This religious organization has its inter- national headquarters located in the Ft. Harrison Hotel, just north of the county courthouse. A substantial admin- istrative staff is located at this facility on a permanent ba- sis, and thousands of church members regularly visit Clearwater for extended periods of training and study. Over the years the COS has steadily expanded its proper- ty holdings throughout the Downtown Core area and northward into Old Bay. The Flag Building (or Super Power Building) is a 7-story, 353,000-square foot facility TOBIAS REALTY ADVISORS, LLC 9 that opened in 2103 after several years of construction; it is located in the block north of the subject property. A multi-level parking structure supporting the COS facili- ties is located one block east of the subject. COS also owns the properties abutting the subject to the east and west, which are partially improved with older, one-story offices. The church's headquarters has generated an enormous economic impact in terms of housing, retail sales and services in the downtown area. Several high-rise condominiums were built in downtown Clearwater during the 2004-2006 development boom; most of these projects experienced stalled sellouts as the market collapsed in mid-2006, followed by the credit cri- sis and Great Recession. A modest recovery commenced in 2013 with a resumption of condominium sales in Downtown. Also, a 257-unit, high-end, rental community (The Nolen) was developed in 2016/2017 in the Prospect Lake area east of Downtown. Other smaller multi-family projects have also had reasonable success in the recovery period in Downtown. The City of Clearwater embarked in early 2018 on the design phase of Imagine Clearwater, a beautification and revitalization project covering 66 acres in the Coachman Park area overlooking Clearwater Harbor. This includes an expansion of the band shell to encourage larger enter- tainment opportunities in Downtown (now Baycare Sound), thus driving greater demand for goods and ser- vices for Clearwater businesses. This $84 million project, which followed the extensive infrastructure investments of recent years (Memorial Causeway Bridge, Town Lake drainage, Cleveland Street re-design, Capitol Theater re- hab, and others) should provide the impetus for additional Downtown housing similar to what has been experienced in St. Petersburg and Tampa. Assuming national economic stability continues, Down- town Clearwater appears poised to finally achieve the growth and revitalization many of the urban centers in Florida have experienced in the last 5+ years. The Core District will likely see new, high-end, condominium and apartment development in the next few years and the cen- TOBIAS REALTY ADVISORS, LLC 10 tral and east sections should experience moderate-priced condominium and rental apartment development similar to the Nolen project in the Town Lake area east of the Core District. This will result in some block consolidation and assemblage with upward trending land prices where older obsolete structures are absorbed and razed. Other recent or pending activities in Downtown include: - Construction of Clearwater Gardens, an 81-unit afford- able housing complex on Cleveland Street - Pending construction of a $45 million transit center at Myrtle Avenue and Court Street - Pending construction of 400 apartments at the former city hall site on Osceola Avenue - Pending sale ($9.3 million) of the city’s Harborview site to the DeNunzio Group and Gotham Properties for hotel/mixed-use development overlooking Imag- ine Clearwater - November 2023 purchase of waterfront site for $15 mil- lion by Bay Valor Group who will construct two 35- story condominium towers with 223 units Another major change in the Downtown market is the pending exit of the Pinellas County Courthouse and gov- ernment offices to a single site on Ulmerton Road in Lar- go. This will occur within the next five years and will result in several large Downtown parcels becoming avail- able for redevelopment. It will likely attract a number of national-scale developers and introduce a dramatic infu- sion of high income residents. Historically however, the Downtown Clearwater market has been unlike any other in Tampa Bay and possibly, the State of Florida. The magnitude of the involvement of COS in this market has overwhelmed it. The motivations of sales and purchases by COS and its members stand apart from those of non-COS investors. As a result we see transactions involving COS and affiliates sometimes re- flecting price ranges typical of the broader market but many times greatly exceeding strict economic metrics. From an appraisal perspective, the Downtown Clearwater market has been extremely asymmetrical because of these TOBIAS REALTY ADVISORS, LLC 11 atypical seller/buyer motivations where the economic- based investors were confronted with a confusing and dif- ficult business environment in an otherwise exceptional CBD. With the exit of the county courthouse and offices and the introduction of more market-based activity we are likely to witness a higher level of performance that has characterized other urban markets in the Tampa Bay area. Lot 39 Court Square Subdivision P.B. 5 P.G. 53 Lot 38 Lot 37 Lot 36 Lot 35 Lot 40 Lot 41 Lot 42 Lot 43 Lot 44 Lot 34 Lot 6 Lot 1 Lot 7 Lot 2 Lot 8 Lot 3 Lot 9 Lot 4 Lot 10 Lot 5 Lot 11 Lot 12 Lot 13 Lot 14South Garden Avenue(R/W Varies)Franklin Street (60' R/W) Court Street (100' R/W) Proposed Right of Way Vacation O.R. 20070 P.G. 2537 O.R. 11746 P.G. 595 Haven Street (VAC) (Vacated Alley)Alley (VAC) O.R. 7701 P.G. 297Right of Way dimensions obtained from Pinellas County Property Appraiser as of 12/2/24 DRAWN BY CHECKED BY DATE DRAWN SECT-TWNSP-RNG SHEETDWG. NO. OF -- CITY OF CLEARWATER DEPARTMENT OF PUBLIC WORKS - ENGINEERING Exhibit A NF TM 11/27/2024 Lgl_2024-15 1 1 16 29S 15E This is not a survey N.T.S. This is not a survey Legal Description Legal Description: A proposed Right-of-Way Vacation more particularly described as follows: All of the right-of-way of Garden Avenue abutting lots 6-11 together with that portion abutting the vacated 15 foot alley lying between lots 10 and 11 of Court Square Subdivision as recorded in Plat Book 5, Page 53 of the Public Records of Pinellas County. Containing 0.65 Acres ± TOBIAS REALTY ADVISORS, LLC 12 Utilities/Services: Water: Clearwater Sewer: Clearwater Electric: Duke Energy Telephone: Frontier Communications Police: Clearwater Police Department Fire/EMS: Clearwater Fire & Rescue Public Transportation: PSTA (bus) Site Data: Physical Location: The subject property (0.65 acres MOL) is the exist- ing ROW of S. Garden Avenue between Franklin Street and Court Street Street Address: N/A Land Area: 28,314 square feet or 0.65 acres MOL Configuration: Generally rectangular; slightly irregular Site Position: Double-frontage; interior Primary Frontage: 100 Feet; north side of Court Street Secondary Frontage: 96 Feet; south side of Franklin Street Average Depth: 295 Feet MOL; north to south Land/Bldg. Ratio: N/A Developed FAR: N/A Topography/Drainage: Level site at road grade; adequate drainage typical of the area Easements: Sanitary sewer line (E/W) in south section of site; this would be relocated under the extraordinary as- sumption of the appraisal Encroachments: None apparent TOBIAS REALTY ADVISORS, LLC 13 Flood Designation: Zone X-Unshaded, area of minimal flood hazard; FEMA Map Panel 12103C 0108J; August 24, 2021 Visibility Good visibility from streets in Core area Access: Above average access with frontage on one major street and one secondary street in Core area Improvements: Typical asphalt street pavement, curbs, sidewalks, etc. Conclusion: The site’s primary assets are its size, double front- age and key location in Core District; only nega- tive aspect is its relatively narrow/deep configuration which complicates development de- sign TOBIAS REALTY ADVISORS, LLC 14 Highest and Best Use: The subject property is a vacated ROW fronting two streets in the Core District of Clearwater. It has some fa- vorable aspects that are balanced by some negative condi- tions. The positive factors include: 1- Location in heart of Downtown Clearwater Core Dis- trict one block east of County Courthouse 2- Good access with reasonable frontage on two streets 3- Good visibility from Core area 4- COS Flag Building due north of subject 5- All public utilities and services available 6- Zoning is D, Downtown District located in Core Character District 7- Future Land Use Plan is CBD, Central Business Dis- trict 8- Good highway infrastructure linking several commu- nities in Pinellas County 9- Complimentary uses in immediate area such as offic- es, government buildings, new bus terminal and major CBD properties 10- Site is designated as minimal flood hazard 11- Close proximity to Coachman Park in Downtown Core and the waterfront park land in the Imagine Clearwater program 12- Steady improvement in commercial market since 2012 with upward trend in rents and occupancy 13- Residential market in 11th year of steady recovery in Pinellas County 14- Essentially full-employment in Pinellas County and Tampa Bay area with strong in-migration trend 15- Potential for long term market improvement follow- ing Pinellas County government exit from Downtown The subject property also has some negative aspects that include: 1- Clearwater CBD market has lagged behind those of Tampa and St. Petersburg in redevelopment 2- Elevated inflation followed by Federal Reserve esca- lating interest rates, which has had a depressant effect on real estate market 3- Near term potential for market instability as Pinellas County exits Downtown TOBIAS REALTY ADVISORS, LLC 15 Given the mostly positive assessment of the subject prop- erty and its market, I have concluded highest and best use (vacant) to be a mixed-use project involving multi-family residential, office, and retail with structured parking. Marketability: Subject property’s marketability is rated above average at this time. This assessment is based on the economic fac- tors enumerated in the highest and best use analysis and the input of local commercial brokers. Potential buyers are likely to be investors and/or developers as well as the COS as an adjacent property owner. Estimated Marketing Time: 18 months Estimated Exposure Time: 18 months TOBIAS REALTY ADVISORS, LLC 16 Valuation Process: Cost approach was excluded as the property is being valued as land only. Land valuation (by sales comparison) was undertaken as 100% of the property’s value is con- tributed by the land. Income capitalization approach was excluded as inapplicable; i.e., highest and best use is judged to be redevelopment. The subject property comprises 28,314 square feet or 0.65 acres MOL at a key, double- frontage location in the Downtown Clearwater Core District one block east of the Pinellas County Courthouse. The land is being valued herein as a fee simple site under an extraordi- nary assumption, namely, that the subject property is currently a public right-of-way but is assumed to have been vacated by the city (and all public utilities relocated) for the purpose of sale to the open market. Under Standard 1-2(f) of USPAP an extraordinary assumption may be use in an assignment only if:  It is required to properly develop credible opinions and conclusions;  The appraiser has a reasonable basis for the extraordinary assumption;  Use of the extraordinary assumption results in a credible analysis; and  The appraiser complies with the disclosure requirements set forth in USPAP for ex- traordinary assumptions. TOBIAS REALTY ADVISORS, LLC 17 Land Valuation- The procedure involves estimation of land value (as though vacant) by the sales comparison approach, comparing subject site with similar sites which have recently sold. These compa- rable sales are reduced to a common denominator or unit of comparison, such as price per square foot or price per front foot. Adjustments are made to the sale properties for such fac- tors as changes in market conditions since date of sale, zoning, location, and physical charac- teristics, reducing dissimilarities and arriving at an estimate of value for the subject site. I have selected six, recent land sales from the Clearwater market as the best indicators of sub- ject’s land value. The comparable sales closed between December 2021 and August 2024. The local market had been trending upward then stabilized over this period; therefore, the older sales were adjusted upward for market conditions. The sales reflected cash terms or conventional financing and therefore, there was no need for adjustments for favorable financ- ing. The reader is referred to the Comparable Land Sales chart in this section, which summariz- es the comparative analysis on a price per square foot basis. Land Sale 1 is a 0.41-acre, commercial/residential site with dual frontage on Court Street in the Gateway District in the east section of Downtown that was acquired in June 2023; loca- tion was rated inferior as it lies beyond the Core District in an area of less intense uses; up- ward adjustment was also necessary for density (35/acre), allowable building height (55 feet) and FAR (0.55); all other categories produced neutral comparisons; Sale 1 indicated a unit value of $51.01 per square foot, which is 2.9% greater than the mean of the data ($49.55). Land Sale 2 is a small 0.17-acre, commercial/residential site with corner position on S. Ft. Harrison Avenue at Druid Road just south of Downtown that was acquired in August 2024 by the same developer as Land Sale 1; location was rated inferior as it lies outside the Core District in an area of less intense uses; upward adjustment was also necessary for density (24/acre), allowable building height (40 feet) and FAR (0.55); all other categories produced neutral comparisons; Sale 2 indicated a unit value of $57.42 per square foot, which is 15.9% greater than the mean of the data ($49.55). Land Sale 3 is the assemblage purchase in December 2021 of a 0.77-acre, 4-parcel, under- developed property in Old Bay; first, upward adjustment was applied for improvement in market conditions since late 2021; the location was rated inferior to the subject as it is outside the Core District but has a view amenity advantage over the subject; a downward adjustment was made to account for its superior physical aspects (configuration); upward adjustment was also necessary for density (35 UPA), allowable building height (55 feet) and FAR (1.50); other categories produced neutral comparisons; Sale 3 indicated a unit value of $62.70 per square foot, which is 26.5% greater than the mean of the data ($49.55). TOBIAS REALTY ADVISORS, LLC 18 Land Sale 4 is the assemblage purchase in April 2022 of a 0.70-acre, 6-parcel, under- developed property in Old Bay; first, upward adjustment was applied for improvement in market conditions since early 2022; the location was rated inferior to the subject in the Core District but this site has some potential as a mid-rise, condominium; a downward adjustment was made to account for its superior physical aspects (configuration); upward adjustment was also necessary for density (35 UPA), allowable building height (55 feet) and FAR (1.50); other categories produced neutral comparisons; Sale 4 indicated a unit value of $58.56 per square foot, which is 18.2% greater than the mean of the data ($49.55). Land Sale 5 is the April 2022 purchase of a 0.73-acre, undeveloped property in the southeast quadrant of the Core District; first, a minor upward adjustment was applied for improvement in market conditions in the last 2+ years; the location was rated inferior to the subject, which is a high profile site in the heart of the Core District; a downward adjustment was made to account for its superior physical aspects (configuration); all other categories produced neutral comparisons; Sale 5 indicated a unit value of $33.03 per square foot, which is 33.3% less than the mean of the data ($49.55). Land Sale 6 is the March 2022 purchase of a 0.54-acre, under-developed property in the southeast quadrant of the Core District; first, a minor upward adjustment was applied for im- provement in market conditions in the last 2+ years; the location (just ½ block west of Sale 5) was rated inferior to the subject for the same reason as explained for Sale 5; all other catego- ries produced neutral comparisons; Sale 6 indicated a unit value of $34.55 per square foot, which is 30.3% less than the mean of the data ($49.55). The adjusted unit values of the six comparables range from $33.03 (Sale 5) to $62.70 (Sale 3), resulting in a broad variance of 90%. The adjusted mean price was $49.55 per square foot and the median was $54.21. Sales 1 through 4 reveal a tighter variance of 23% but Sales 5 and 6 cannot be dismissed as they are very recent transactions of parcels located in the Core District. I have assigned statistical weights to the sales based upon their overall degree of comparabil- ity. Sales 1, 2, 5, and 6 emerge as the most relevant indicators of value for the subject site and were given greater emphasis than Sales 3 and 4. The weighted mean of the sales was slightly lower than the natural mean. TOBIAS REALTY ADVISORS, LLC 19 Therefore, based upon my analysis of these six comparable land sales, I have selected a unit value of $48.50 per square foot for the subject site: 28,314 sq. ft. @ $48.50 = $1,373,229 Rounded, $1,375,000 24020LS Comparable Land Sales Sale Number Subject 1 2 3 4 5 6 Location S Garden Av ROW (Franklin to Court) N/S Court St 220' E of S Lincoln Av 801 S Ft Harrison Av NW Cor N Ft Harrison Av & Eldridge St 502 Palm Bluff St 639-645 Chestnut St 504 S Myrtle Av Clearwater Clearwater Clearwater Clearwater Clearwater Clearwater Clearwater Date Dec-24 Jun-23 Aug-24 Dec-21 Apr-22 Apr-22 Mar-22 OR Book/Page N/A 22489/2187 22890/1655 21861/1345 22036/1812 22015/2062 21990/302 GRANTOR N/A AMA Sunshine Carwash, LLC Raffael Epple Osceola Properties, Inc Palm Bluff Properties, LLC Chestnut Development Assocs, LLC Hose & Hydraulics, LLC GRANTEE N/A Estudio Kohon USA, LLC Estudio Kohon USA, LLC Caeruleum Development, LLC S & T Investors Group 1, LLC Chestnut & Trail, LLC Prelude Holdings, LLC Parcel Number Non-Designated 15-29-15-38574-015-0060 15-29-15-54450-028-0010 09-29-15-52200-000-0010 etal 09-29-15-65466-000-0121 15-29-15-54450-019-0030 15-29-15-54450-018-0030, 0031 Price N/A $550,000 $270,000 $1,600,000 $1,240,000 $960,000 $710,000 Gross Land Area (SF) 28,314 17,789 7,288 33,429 30,492 31,682 23,424 Price Per Sq Ft N/A $30.92 $37.05 $47.86 $40.67 $30.30 $30.31 Gross Land Area (AC) 0.65 0.41 0.17 0.77 0.70 0.73 0.54 Zoning/Character District D, Downtown/Core D, Downtown/Gateway C, Commercial D, Downtown/Old Bay D, Downtown/Old Bay D, Downtown/Core D, Downtown/Core Improvements at Time of Sale None Undeveloped Undeveloped Older retail and residential bldgs Several obsolete structures Undeveloped 2-Story industrial (1949); interim use Max Density (Units /Ac) 75.0 35.0 24.0 35.0 35.0 75.0 75.0 Max No of Units 49 14 4 27 25 55 40 Price Per Unit X $38,480 $67,241 $59,568 $50,612 $17,599 $17,605 Maximum FAR 4.00 0.55 0.55 1.50 1.50 4.00 4.00 Maximum Hotel Density (Units/Ac) 95 N/A 40 35 35 95 95 Maximum Bldg Height Unlimited 55 50 55 55 Unlimited Unlimited Highest/Best Use High-Rise Multi-Family/Mixed Use Mid-Rise Multi-Family or Condo Mid-Rise Multi-Family/Mixed Use Mid-Rise Multi-Family or Condo Mid-Rise Multi-Family or Condo High-Rise Multi-Family High-Rise Multi-Family Approx Dimensions 100' x 295' 90' x 205' 54' x 135' 164' x 205' 155' x 209' 146' x 217' 117' x 164' + 42 x 100' Tract Shape Rectangle Rectangle-Irregular Rectangle Rectangle Generally Rectangular Rectangle Flag-Shaped Other Dual-frontage Downtown site 100' x 295' MOL east of Pinellas Courthouse and gov't offices; due south of COS Flag Bldg; currently city ROW with street parking on both sides Interior site with frontage on north and south; Downtown Gateway District; area of professional offices and garden style apartments; 90' x 205' dimensions Small, corner site at SE cor Druid Rd just south of Downtown South Gateway District; 54' x 135'; garden style condos and prof offices in this area 4-Parcel assemblage in Old Bay adjacent east of newer condo and Clrw Garden Club; listed at $1.7M and sold in 25 months 6-Parcel assemblage in Old Bay one block north of North Ward School & Marina; listed at $1.299M and sold in 6 months Large downtown site at SW cor of Chestnut St and SCLRR (Pinellas Trail) 2 blocks east of S Ft Harrison; had been on market for several years Corner-wrap parcel at signalized intersection just east of SCLRR (Pinellas Trail); on market 2+ years at $795,000; redevelopment opportunity Utilities All Available All Available All Available All Available All Available All Available All Available Financing X Cash Sale Cash Sale Cash Sale Cash Sale Cash Sale Private Mortgage; 77% LTV Confirming Source X Lucas Kohon (Buyer) Lucas Kohon (Buyer) Gro Miller (Broker) Josiah Gross (Broker) Sam DiCicco (Seller) Steve Klein (Broker) Prior Sales (3 yrs) X Nov 2021; $425,000 None None 7/20; $355,000; 5 of 6 parcels None None Price Per Sq Ft ADJUSTMENTS Financing X $0 $0 $0 $0 $0 $0 Cash Price Per Sq Ft X $30.92 $37.05 $47.86 $40.67 $30.30 $30.31 Market Conditions X 0% 0% 8% 4% 4% 4% Location X 35% 25% 10% 25% 10% 10% Land Size X 0% 0% 0% 0% 0% 0% Physical Factors X 0% 0% -7% -5% -5% 0% Max Density, Height, FAR X 30% 30% 20% 20% 0% 0% Other X 0% 0% 0% 0% 0% 0% Total Adjustment X 65% 55% 31% 44% 9% 14% Adjusted Price/Sq Ft X $51.01 $57.42 $62.70 $58.56 $33.03 $34.5520 DeLorme Street Atlas USA® 2013 LAND SALES MAP Data use subject to license. © DeLorme. DeLorme Street Atlas USA® 2013. www.delorme.com TN MN (6.2°W) 0 400 800 1200 1600 2000 0 160 320 480 640 800 ftm Scale 1 : 17,600 1" = 1,466.7 ft Data Zoom 13-5 SALE #1: N/S COURT ST 220’ E OF S LINCOLN AV, CLEARWATER SALE #2: 801 S. FT. HARRISON; SE COR DRUID RD, CLEARWATER SALE #3: NW CORNER N. FORT HARRISON AVENUE AND ELDRIDGE STREET, CLEARWATER SALE #4: 502 PALM BLUFF STREET, CLEARWATER SALE #5: 639-645 CHESTNUT STREET, CLEARWATER SALE #6: 504 S. MYRTLE AVENUE, CLEARWATER TOBIAS REALTY ADVISORS, LLC 21 Reconciliation: The subject of this appraisal is the proposed vacation of S. Garden Avenue ROW from Franklin Street to Court Street comprising 28,314 square feet or 0.65 acres MOL in the Core District of Downtown Clearwater. The site is located one block east of South Fort Harrison Avenue and the Pinellas County Courthouse and due south of the Church of Scientology (COS) Flag Building. The appraisal is subject to an extraordinary assumption, namely, that the subject property is currently a public right-of-way but is assumed to have been vacated by the city (and all pub- lic utilities relocated) for the purpose of sale to the open market. The cost approach was excluded as the property is being valued as land only in fee simple interest. The income capitalization approach was also excluded as inapplicable; i.e., highest and best use is judged to be redevelopment. Land valuation (by sales comparison) was undertaken as 100% of the property’s value is con- tributed by the land. This process considered six recent land sales in the Downtown area, which were compared to the subject site and adjusted for all relevant dissimilarities; it result- ed in a conclusion of land value of $48.50 per square foot, or $1,375,000. I would therefore, conclude market value of the subject property, “as is”, in fee simple inter- est, as of the effective date, December 18, 2024, at $1,375,000. CBD markets experiencing the early stages of redevelopment often reveal an erratic land value pattern, which tends to become more structured as the process matures and we find a more disciplined environment. The Downtown Clearwater market, which is currently in an early redevelopment phase, exhibits asymmetric conditions with the added component of COS land acquisitions representing a majority of all activity. In my opinion, the sales data researched and emphasized in this appraisal represent those most closely resembling conven- tional, economic-based transactions and therefore, adhere closest to the definition of market value. TOBIAS REALTY ADVISORS, LLC 22 CERTIFICATION This is to certify that, upon request for valuation by Dylan E. Mayeux, Real Estate Sales & Marketing, Economic Development & Housing Dept., City of Clearwater, I have personally inspected, collected, and analyzed various data, and appraised the fee simple interest of the Land- Vacated Right-Of-Way (0.65 Acres MOL) located at South Garden Avenue ROW; Franklin Street to Court Street, Clearwater, Florida 33756. The property is more fully de- scribed in the attached report. I certify that, to the best of my knowledge and belief:  The statements of fact contained in this report are true and correct.  The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions and are my personal, impartial, and unbiased professional analyses, opinions, and conclu- sions.  I have no present or prospective interest in the property that is the sub- ject of this report and no personal interest or bias with respect to the parties involved.  I have no bias with respect to the property that is the subject of this re- port or to the parties involved with this assignment.  My engagement in this assignment was not contingent upon develop- ing or reporting predetermined results.  My compensation for completing this assignment is not contingent up- on the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal.  My analyses, opinions, and conclusions were developed, and this re- port has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice (USPAP).  The reported analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Code of Profes- sional Ethics and Standards of Professional Appraisal Practice of the Appraisal Institute. TOBIAS REALTY ADVISORS, LLC 23  I have made a personal inspection of the property that is the subject of this report.  No one provided significant real property appraisal assistance to the person signing this certification. As of the date of this report, I have completed the requirements under the continuing educa- tion program of the Appraisal Institute. The appraiser is qualified to appraise this property with respect to the Competency Provision of USPAP. The appraiser had not previously appraised subject property nor provided other professional services with respect to it in the last three years. This certificate is in accordance with the Uniform Standards of Professional Appraisal Prac- tice Standard Rule 2-3 and with the Appraisal Institute's Supplemental Standards of Profes- sional Practice. This appraisal is subject to an extraordinary assumption, namely, that the subject property is currently a public right-of-way but is assumed to have been vacated by the city (and all pub- lic utilities relocated) for the purpose of sale to the open market. The reader should review all assumptions and limiting conditions included in this report. C. Richard Tobias, MAI State-Certified General Real Estate Appraiser RZ705 TOBIAS REALTY ADVISORS, LLC 24 ASSUMPTIONS AND LIMITING CONDITIONS 1. The conclusions as to market value contained herein represent the opinion of the under- signed and are not to be construed in any way as a guarantee or warranty, either ex- pressed or implied, that the property described herein will actually sell for the market value contained in this opinion. 2. This appraisal is subject to an extraordinary assumption, namely, that the subject proper- ty is currently a public right-of-way but is assumed to have been vacated by the city (and all public utilities relocated) for the purpose of sale to the open market. 3. No responsibility is assumed for the legal description or for matters including legal or title considerations. Title to the property is assumed to be good and marketable unless otherwise stated. 4. No furniture, furnishings, or equipment, unless specifically indicated herein, has been included in my value conclusions. Only the real estate has been considered. 5. The property is appraised free and clear of all encumbrances, unless otherwise noted. 6. No survey of the property was made or caused to be made by the appraiser. It is assumed the legal description closely delineates the property. It was checked with public records for accuracy. Drawings in this report are to assist the reader in visualizing the property and are only an approximation of grounds or building plan. 7. It is assumed that there are no hidden or unapparent conditions of the property's subsoil or structure that render it more or less valuable. No responsibility is assumed for such conditions or for arranging for engineering studies that may be required to discover them. 8. Subsurface rights (minerals, oil, or water) were not considered in this report. 9. Description and condition of physical improvements are based on visual observation. As no engineering tests were conducted, no liability can be assumed for soundness of struc- tural members. 10. The appraiser has inspected improvements. Unless otherwise noted, subject improve- ments are assumed to be free of termites, dry rot, wet rot, or other infestation. Inspection by a reputable pest control company is recommended for any existing improvement. 11. All value estimates have been made contingent on zoning regulations and land use plans in effect as of the date of appraisal, and based on information provided by governmental authorities and employees. TOBIAS REALTY ADVISORS, LLC 25 12. It is assumed that there is full compliance with all applicable federal, state, and local en- vironmental laws and regulations, unless noncompliance is stated, defined, and consid- ered in the appraisal report. 13. It is assumed that all applicable zoning and land use regulations and restrictions have been complied with, unless a non-conformity has been stated, defined, and considered in the appraisal report. 14. It is assumed that all required licenses, certificates of occupancy, consents, or other leg- islative or administrative authority from any government or private entity or organiza- tion have been or can be obtained or renewed for any use on which the value estimate contained in this report is based. 15. It is assumed that the utilization of the land and improvements is within the boundaries or property lines of the property described and that there is no encroachment or trespass unless noted in the report. 16. Appraisal does not constitute an inspection for compliance with local building, fire, or zoning codes. Reader is advised to contact local government offices to ensure com- pliance with applicable ordinances. 17. This appraisal report covers only the premises herein; and no figures provided, analysis thereof, or any unit values derived are to be construed as applicable to any other proper- ty, however similar they may be. 18. Certain data used in compiling this report was furnished by the client, his counsel, em- ployees, and/or agent, or from other sources believed reliable. However, no liability or responsibility may be assumed for complete accuracy. 19. An effort was made to verify each comparable sale noted in the report. There are times when it is impossible to confirm a sale with the parties involved in the transaction; all sales are confirmed through public records. 20. The appraiser, by reason of this report, is not required to give testimony in court with reference to the property herein, nor obligated to appear before any governmental body, board, or agent, unless arrangements have been previously made therefore. 21. Estimates of expenses, particularly as to assessment by the County Property Appraiser and subsequent taxes, are based on historical or typical data. Such estimates are based on assumptions and projections which, as with any prediction, are affected by external forc- es, many unforeseeable. While all estimates are based on my best knowledge and belief, no responsibility can be assumed that such projections will come true. TOBIAS REALTY ADVISORS, LLC 26 22. Responsible ownership and competent property management are assumed. 23. Unless otherwise stated in this report, the existence of hazardous materials, which may or may not be present on the property, were not observed by the appraiser. The appraiser has no knowledge of the existence of such materials on or in the property. The appraiser is not qualified to detect such substances. The presence of substances such as asbestos, urea-formaldehyde foam insulation, or other potentially hazardous materials may affect the value of the property. The value estimate is predicated on the assumption that there is no such material on or in the property that would cause a loss in value. No responsibil- ity is assumed for any such conditions, or for any expertise or engineering knowledge required to discover them. The client is urged to retain an expert in this field. TOBIAS REALTY ADVISORS, LLC 27 QUALIFICATIONS C. RICHARD TOBIAS, MAI EDUCATION: B.A., 1971, Boston College, School of Arts and Sciences Have passed or received credit for the following courses sponsored by the Appraisal Institute. 1A-1 Real Estate Appraisal Principles 1A-2 Basic Valuation Procedures 1B-1 Capitalization Theory and Techniques 2-1 Case Studies in Real Estate Valuation 2-2 Valuation Analysis and Report Writing 2-3 Standards of Professional Practice 6 Investment Analysis Attended numerous seminars sponsored by American Institute of Real Estate Appraisers (now Appraisal Institute), Society of Real Estate Appraisers (now Appraisal Institute), Flori- da State University, National Association of Mutual Savings Banks, and other financial insti- tution associations. Most recent appraisal course was Uniform Standards for Federal Land Acquisitions (June 2010), sponsored by the Appraisal Institute. Most recent seminar was USPAP National- 7 Hour Update (Oct 2024). Florida State-Certified General Real Estate Appraiser RZ705 Expert witness in appraisal of real estate and businesses -- Circuit Court of Florida, Sixth District Federal Court, Middle District of Florida BUSINESS EXPERIENCE: 2015 to Present: Manager/owner, Tobias Realty Advisors, LLC, a firm specializing in appraisal and consulting in commercial and investment real estate in west central Florida. 1987 to 2015: Independent Contractor associated with Valuation Services, Inc. and To- bias Realty Advisors, LLC, firms specializing in appraisal and consulting in commercial and investment real estate. Assignments have included ap- praisal of a variety of commercial, industrial, and investment properties, as well as vacant land. Areas of specialization include churches, schools, convenience food/gasoline outlets, restaurants, retail centers, industrial, of- fices, medical/dental clinics, apartments, and lodging facilities. Appraisal TOBIAS REALTY ADVISORS, LLC 28 assignments have been prepared for financing, litigation, sale/purchase, and other functions. 1980 to 1987: Vice President, Warren Hunnicutt, Jr., Inc., Real Estate Appraisers and Consultants. Assignments included office buildings, shopping centers, in- dustrial facilities, residential developments, apartment buildings, resort properties, and closely-held businesses. 1979 to 1980: Associate Appraiser with L. T. Bookhout, Inc., Real Estate Appraisal and Consultation. Assignments included industrial facilities, special purpose properties, undeveloped land tracts, as well as historically significant properties being acquired by the National Park Service. 1977 to 1979: Commercial Loan Analyst/Appraiser with Poughkeepsie Savings Bank. Duties included appraisal of residential and commercial properties for mortgage loan purposes; review and recommendation of commercial loans to Board of Directors; field inspection and analysis of investment proper- ties in Southeast and Southwest United States. 1975 to 1977: Associated with Dutchess County Department of Real Property Tax and City of Beacon, New York in the assessment of properties for ad valorem taxation purposes. 1973 to 1975: Owned and operated masonry contracting firm specializing in custom resi- dential fireplaces, accent walls, exterior facades, etc. Independently registered Real Estate Broker -- State of Florida; BK348850 PROFESSIONAL AFFILIATIONS: MAI, Appraisal Institute Realtor, Florida Gulfcoast Commercial Association of Realtors (FGCAR) The Appraisal Institute conducts a program of continuing education for its designated mem- bers. MAI's who meet the minimum standards of this program are awarded periodic educa- tional certification. C. Richard Tobias is currently certified under this program. 2013 President, Florida Gulf Coast Chapter of Appraisal Institute ADDENDA TOBIAS REALTY ADVISORS, LLC November 25, 2024 Dylan E. Mayeux Real Estate Sales & Marketing City of Clearwater 600 Cleveland St, Suite 600 Clearwater, FL 33755 Mr. Mayeux, Re: South Garden Avenue ROW; Franklin St. to Court St. As discussed, Tobias Realty Advisors, LLC, will prepare an appraisal to estimate the market value of the fee simple interest of the above-referenced property as of a current date. The appraisal will be prepared for the City of Clearwater (Client). The intended use is to assist the client with a potential sale of the property. The intended user of the appraisal is the client. Market value is: “The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: 1. Buyer and seller are typically motivated; 2. Both parties are well informed or well advised, and each acting in what they consider their own best interest; 3. A reasonable time is allowed for exposure in the open market; 4. Payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and Dylan E. Mayeux November 25, 2024 Page 2 5. The price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale.”1 This assignment will be completed on or before 30 days from notice to proceed. The appraisal will be a narrative appraisal report compliant with USPAP; scope of work will include all valuation approaches deemed necessary by the appraiser to produce a credible appraisal of this property. Fee for preparation of the appraisal is $2,700; appraisal fee will be due upon of delivery of the appraisal report (pdf copy only). Hard copies will be provided upon request. I have no present or future contemplated interest in the property being appraised, and employment in and compensation for making this appraisal are in no manner contingent upon the value to be reported nor upon the finding of any pre-determined or specific values or conditions. In addition, as a member of the Appraisal Institute, the final reports may be subject to peer review. The appraiser discloses that he has not appraised subject property nor provided other professional services with respect to it within the last three (3) years. Information requested of client:  Property sketch by Engineering Dept.  Details of any bona fide offers to purchase in last 3 years  Any other data you believe relevant 1 Interagency Appraisal and Evaluation Guidelines, Department of the Treasury; December 2010. Dylan E. Mayeux November 25, 2024 Page 3 Information about findings and conclusions will be reported only to the client and intended users, unless otherwise authorized. Tobias Realty Advisors, LLC 723- 20th Avenue North St. Petersburg, Florida 33704 (727) 667-8477 dicktobias@aol.com The appraisal will be prepared in accordance with the Uniform Standards of Professional Appraisal Practice (USPAP) and the Code of Ethics of the Appraisal Institute. Should you have any questions, please do not hesitate to call. Sincerely yours, TOBIAS REALTY ADVISORS, LLC Accepted this ____ day of ____________________, 2024 C. Richard Tobias, MAI State Certified General Real Estate Appraiser RZ705 _________________________ (Client) 25 November Lot 39 Court Square Subdivision P.B. 5 P.G. 53 Lot 38 Lot 37 Lot 36 Lot 35 Lot 40 Lot 41 Lot 42 Lot 43 Lot 44 Lot 34 Lot 6 Lot 1 Lot 7 Lot 2 Lot 8 Lot 3 Lot 9 Lot 4 Lot 10 Lot 5 Lot 11 Lot 12 Lot 13 Lot 14South Garden Avenue(R/W Varies)Franklin Street (60' R/W) Court Street (100' R/W) Proposed Right of Way Vacation O.R. 20070 P.G. 2537 O.R. 11746 P.G. 595 Haven Street (VAC) (Vacated Alley)Alley (VAC) O.R. 7701 P.G. 297DRAWN BY CHECKED BY DATE DRAWN SECT-TWNSP-RNG SHEETDWG. NO. OF -- CITY OF CLEARWATER DEPARTMENT OF PUBLIC WORKS - ENGINEERING Exhibit A NF TM 11/27/2024 Lgl_2024-15 1 1 16 29S 15E This is not a survey N.T.S. This is not a survey Legal Description Legal Description: A proposed Right-of-Way Vacation more particularly described as follows: All of the right-of-way of Garden Avenue abutting lots 6-11 together with that portion abutting the vacated 15 foot alley lying between lots 10 and 11 of Court Square Subdivision as recorded in Plat Book 5, Page 53 of the Public Records of Pinellas County. Containing 0.65 Acres ± Exhibit "A" Exhibit "A" SKETCH & DESCRIPTION 00 � FRANKLIN ST60' R/W 39 I I I I PARCEL ID: 16-29-15-18648-000-0380 -I-�i.JJ 38 B tv-:i ·----_c::, . 37 c::, < PARCEL ID: 16-29-15-18648-000-0370 II -----T I � 0) 0) "- POINT OF BEGINNING S89°43'34 "E 95.97' 0::: r--llJ 0Q..N 0 llJllJ (.9� <( () a.. <( ->g- r--g I!)• Ill"'"o::: w so :::> I z 36 'V w 0::: (Y) PARCEL ID: I > llJ I!) <( a.. llJ 16-29-15-18648-000-0360 I (.9 ZS<(----------t Wei:: a.. 0 0 I!)- 35 PARCEL ID: 16-29-15-18648-000-0350 PARCEL ID:16-29-15-18648-000-0340 I I I 0::: o Ill <('<""a..(!) CJ) S89°50'13"£ 3.94' 100.59' NBJ·ss '26 "w COURT ST R/W VARIES (.9za: '<"" 6 7 10 i1i vACATED-ArrCT-PERa:i ._0.R.8. 117 46, PAGE 595 LL --7-------Q ICl) ci5 I � I w 11 I S llJ I I I Cl) SHEET 2 OF 2 � .--..---.,------------�-------1 � 1----+------l'-------------+--� 0 l--+----i---------------1----l ci5 f--f----+-----------4-�� >------------------. --------------..r:r: I-NO-.l-□-,-AT=E,-l----�□=Es�cR=1p=r1�0N ____ 4-B_Y�1 SKETCH & LEGAL DESCRIPTION VACATE RIGHT-OF-WAY >-=--=----.-----(PROJECT NO. 18013 DRAWING# 18013 ROW J SCALE 1 "-50' (�===:\ SUNCOAST LA.ND SURVEYING, !NC. 1-�-:-;E_W_N _ ___,__11�-�-'-"/-'-"�0-2-4---< ��/ 111 FOREST LAKES BOULEVARD i-:C=H..:..:.E=C-KE_D_/Q-C--1---'-'-"-'-='-'------l"---=-7 OLDSMAR, FLORIDA 34677 FIELD CREW N/A LB 4513 BOUNDARY-TOPOGRAPHIC-CONSTRUCTION STAKEOUT i-:Bc..;;K=. /::.::;P...::Gc:....:. :::..:...:..--1--....:N..::.;/Ac..:...,__..iPH: (813) 854-1342 SLSURVEY@TAMPABAY.RR.COM SURVEY DATE N/A �.:...;.;..:::..:......:::.:....:..:....:::...,___.:..::.:...:_..../ LEGEND: ORB R/W PB OFFICIAL RECORDS BOOK RIGHT OF WAY PLAT BOOK Exhibit "A" Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ANX2025-03002 Agenda Date: 5/15/2025 Status: Public HearingVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 7.2 SUBJECT/RECOMMENDATION: Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1609 Levern Street and pass Ordinances 9822-25, 9823-25 and 9824-25 on first reading. (ANX2025-03002) SUMMARY: This voluntary annexation petition involves a 0.16-acre property consisting of one parcel of land occupied by a detached dwelling. The property is located on the south side of Levern Street, approximately 175 feet west of Ridge Avenue . The applicant is requesting annexation in order to receive solid waste service from the city. The property is located within an enclave and is contiguous to existing city boundaries to the west. It is proposed that the property be assigned a Future Land Use Map designation of Residential Low (RL) and a Zoning Atlas designation of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: ·The property currently receives water service from the city of Clearwater. The closest sanitary sewer line is located in the adjacent Bonair Street right-of-way. The applicant has paid the city's sewer impact and assessment fees and is aware of the additional costs to extend city sewer service to this property. Collection of solid waste will be provided by the city of Clearwater. The property is located within Police District III and service will be administered through the district headquarters located at 2851 McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station #51 located at 1712 Overbrook Avenue. The city has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public 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 Low (RL) Future Land Use Map category is consistent with the current Countywide Plan designation of the property. This designation primarily permits residential uses at a density of 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 5/13/2025 File Number: ANX2025-03002 ·The property proposed for annexation is contiguous to existing city boundaries to the west; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. 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 5/13/2025 Ordinance No. 9822-25 ORDINANCE NO. 9822-25 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF LEVERN STREET, APPROXIMATELY 175 FEET WEST OF RIDGE AVENUE, WHOSE POST OFFICE ADDRESS IS 1609 LEVERN STREET, CLEARWATER, FLORIDA 33755 INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit “A” has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot 3, Book 2, HIGHLAND PINES SUBDIVISION, according to the Plat thereof, recording in Plat Book 30, Page 41, of the Public Records of Pinellas County, Florida. (ANX2025-03002) 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. 9822-25 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 Exhibit “A” PROPOSED ANNEXATION Owner(s): Cirila Portillo Case: ANX2025-03002 Site: 1609 Levern Street Property Size(Acres): ROW (Acres): 0.16 acres Land Use Zoning PIN: 11-29-15-39060-002-0030 From: Residential Low (RL) R-3, Single Family Residential Atlas Page: 270B To: Residential Low (RL) Low Medium Density Residential (LMDR) Ordinance No. 9823-25 ORDINANCE NO. 9823-25 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 SOUTH SIDE OF LEVERN STREET, APPROXIMATELY 175 FEET WEST OF RIDGE AVENUE, WHOSE POST OFFICE ADDRESS IS 1609 LEVERN STREET, CLEARWATER, FLORIDA 33755 UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Future Land Use Element of the Comprehensive Plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Future Land Use Element of the Comprehensive Plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category Lot 3, Block 2, HIGHLAND PINES SUBDIVISION, according to the Plat thereof, recorded in Plat Book 30, Page 41, of the Public Records of Pinellas County, Florida. Residential Low (RL) (ANX2025-03002) 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. 9822-25. Ordinance No. 9823-25 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 Owner(s): Cirila Portillo Case: ANX2025-03002 Site: 1609 Levern Street Property Size(Acres): ROW (Acres): 0.16 acres Land Use Zoning PIN: 11-29-15-39060-002-0030 From: Residential Low (RL) R-3, Single Family Residential Atlas Page: 270B To: Residential Low (RL) Low Medium Density Residential (LMDR) Ordinance No. 9824-25 ORDINANCE NO. 9824-25 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF LEVERN STREET, APPROXIMATELY 175 FEET WEST OF RIDGE AVENUE, WHOSE POST OFFICE ADDRESS IS 1609 LEVERN STREET, CLEARWATER, FLORIDA 33755, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDUIM 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. 9822-25. Property Zoning District Lot 3, Block 2, HIGHLAND PINES SUBDIVISION, according to the Plat thereof, recorded in Plat Book 30, Page 41, of the Public Records of Pinellas County, Florida. Low Medium Density Residential (LMDR) (ANX2025-03002) Ordinance No. 9824-25 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 Exhibit “A” PROPOSED ZONING MAP Owner(s): Cirila Portillo Case: ANX2025-03002 Site: 1609 Levern Street Property Size(Acres): ROW (Acres): 0.16 acres Land Use Zoning PIN: 11-29-15-39060-002-0030 From: Residential Low (RL) R-3, Single Family Residential Atlas Page: 270B To: Residential Low (RL) Low Medium Density Residential (LMDR) LOCATION MAP Owner(s): Cirila Portillo Case: ANX2025-03002 Site: 1609 Levern Street Property Size(Acres): ROW (Acres): 0.16 acres Land Use Zoning PIN: 11-29-15-39060-002-0030 From: Residential Low (RL) R-3, Single Family Residential Atlas Page: 270B To: Residential Low (RL) Low Medium Density Residential (LMDR) AERIAL PHOTOGRAPH Owner(s): Cirila Portillo Case: ANX2025-03002 Site: 1609 Levern Street Property Size(Acres): ROW (Acres): 0.16 acres Land Use Zoning PIN: 11-29-15-39060-002-0030 From: Residential Low (RL) R-3, Single Family Residential Atlas Page: 270B To: Residential Low (RL) Low Medium Density Residential (LMDR) EXISTING SURROUNDED USES Owner(s): Cirila Portillo Case: ANX2025-03002 Site: 1609 Levern Street Property Size(Acres): ROW (Acres): 0.16 acres Land Use Zoning PIN: 11-29-15-39060-002-0030 From: Residential Low (RL) R-3, Single Family Residential Atlas Page: 270B To: Residential Low (RL) Low Medium Density Residential (LMDR) ANX2025-03002 Cirila Portillo 1609 Levern Street Facing south at the subject property, 1609 Levern Street Facing the north of the subject property along Levern Street Facing west of the subject property along Levern Street Facing east of the subject property along Levern Street Facing east along Levern Street Facing west along Levern Street Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9812-25 2nd Rdg Agenda Date: 5/15/2025 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: City Attorney Agenda Number: 8.1 SUBJECT/RECOMMENDATION: Adopt Ordinance 9812-25 on second reading, vacating city right-of-way as requested by the applicant Church of Scientology Flag Service Organization to the Southern platted right-of-way portion of S Garden Avenue as Statute owned in fee-simple by the City of Clearwater as further defined “Less and except the Southern Right-of-Way portion of Garden Avenue abutting Lots 6-11 together with that Portion abutting the vacated 15 foot alley lying between Lots 10 and 11 of Court Square Subdivision” as recorded in Plat Book 5, Page 53 of the Public Records of Pinellas County, as containing 0.65 acres ±.” SUMMARY: On December 5, 2024, the Church of Scientology Flag Service Organization, as represented by Kimley-Horn, submitted an Application to Vacate platted city-owned ROW. This application was rejected due to the Owner’s unconfirmed signature and Notary deficiencies. On December 14, 2025, said Application was revised and accepted. The location of this ROW vacation is (S Garden Ave between Franklin St & Court St). This ROW portion is the last parcel for development by assemblage into an Entry Plaza and Performance Hall. The vacated area contains .65 acres more or less plus 22 compensable city-paid parking spots. A multi-departmental internal review was completed on January 13, 2025, to uncover and address concerns. Said Internal review concerns: Stormwater- concern is a 48-inch gravity-fed pipe that runs the entire length of the vacated area. Utility- concern is 8-inch gravity-fed sanitary pipe with laterals that cross over the vacated area. Parking- by city ordinance, the reimbursement of 22 compensable parking spaces at the value of $114,400.00 Dollars. ROW/Land Ownership- By Statute to have improved this platted ROW, the City has now become the fee-simple owner of this land. Frontier Communication did make a written Notice of having facilities within this area on 11/18/24. The applicant's representative has stated that an Easement will be executed. Said easement will also be included in the ordinance. The proposed PSTA Park Street Terminal bus routing will also be adversely affected by the closure of this avenue. The recorded vacation ordinance will preserve all existing utilities to relocate by permit at the Applicant's sole expense. After further negotiations, the City has agreed to conditionally sell this improved ROW to the applicant upon the following conditions: 1. Said row will become a friendly outdoor gathering space thereby Page 1 City of Clearwater Printed on 5/13/2025 File Number: 9812-25 2nd Rdg increasing City green space; 2. All construction Permits shall be obtained before December 31, 2029; 3. The city shall continue to collect all associated Parking revenue until such time a “TCE” is issued; 4. The applicant is confirmed as the adjoining property owner; 5. the applicant shall pay to relocate all identified city utilities. Upon Departmental review with having addressed all concerns city staff has approved this vacation. At the April 3, 2025 council meeting, Council continued the adoption of Ordinance 9812-25 to May 15, 2025. The competing proposal constitutes an objection, under Clearwater Code of Ordinances Section 25.05(4), to the pending vacation ordinance. The competing proposal has been provided to Council and available via the agenda item. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A STRATEGIC PRIORITY: High Performing Government: Embrace a culture of innovation that rives continuous improvement Preserve community livability through responsible development standards, proactive code compliance, and targeted revitalization. Page 2 City of Clearwater Printed on 5/13/2025 CITY OF CLEARWATER PARKING SYSTEM Invoice No.01102025 PO BOX 4748 Clearwater, FL 33758-4748 REVISION Name Flag Services Organization Date January 10, 2025 Address 503 Cleveland Street Order No. City Clearwater State FL Rep 344527 Phone 727-445-4338 Attn: Janet Herring FOB Email: Qty Description Unit Price TOTAL 11440 Purchase of 22 spaces on South Garden Ave $10.00 $114,400.00 From Franklin to Court Street (East and West Sides) Includes 1 handicap space Lot 27 On-street (sales tax not applicable) Per City Ordinance, Appendix A, Schedule of Fees, XIX Streets, Sidewalks, Other places sections 4-5 SubTotal $114,400.00 Admin Fee $50.00 Taxes Florida TOTAL $114,450.00 33755 Thank You PLEASE REMIT TO ABOVE ADDRESS INVOICE Lot 39 Court Square Subdivision P.B. 5 P.G. 53 Lot 38 Lot 37 Lot 36 Lot 35 Lot 40 Lot 41 Lot 42 Lot 43 Lot 44 Lot 34 Lot 6 Lot 1 Lot 7 Lot 2 Lot 8 Lot 3 Lot 9 Lot 4 Lot 10 Lot 5 Lot 11 Lot 12 Lot 13 Lot 14South Garden Avenue(R/W Varies)Franklin Street (60' R/W) Court Street (100' R/W) Proposed Right of Way Vacation O.R. 20070 P.G. 2537 O.R. 11746 P.G. 595 Haven Street (VAC) (Vacated Alley)Alley (VAC) O.R. 7701 P.G. 297DRAWN BY CHECKED BY DATE DRAWN SECT-TWNSP-RNG SHEETDWG. NO. OF -- CITY OF CLEARWATER DEPARTMENT OF PUBLIC WORKS - ENGINEERING Exhibit A NF TM 11/27/2024 Lgl_2024-15 1 1 16 29S 15E This is not a survey N.T.S. This is not a survey Legal Description Legal Description: A proposed Right-of-Way Vacation more particularly described as follows: All of the right-of-way of Garden Avenue abutting lots 6-11 together with that portion abutting the vacated 15 foot alley lying between lots 10 and 11 of Court Square Subdivision as recorded in Plat Book 5, Page 53 of the Public Records of Pinellas County. Containing 0.65 Acres ± Exhibit "1/3" 1. SKETCH & DESCRIPTION oo: (J) LEGAL DESCRIPTION: A PARCEL OF LAND LYING IN SECTION 16, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF FRANKLIN STREET AND THE WEST RIGHT OF WAY LINE OF SOUTH GARDEN AVENUE; THENCE S89°43'34"E, A DISTANCE OF 95.97 FEET TO THE INTERSECTION OF THE EAST RIGHT-OF-WAY LINE OF SOUTH GARDEN AVENUE AND THE SAID SOUTH RIGHT-OF-WAY LINE OF FRANKLIN STREET; THENCE ALONG SAID EAST RIGHT-OF-WAY LINE OF SOUTH GARDEN AVENUE S00°03'33"W, A DISTANCE OF 299.98 FEET TO THE INTERSECTION OF THE NORTH RIGHT-OF-WAY LINE OF COURT STREET AND SAID EAST RIGHT-OF-WAY LINE OF SOUTH GARDEN AVENUE; THENCE N83°55'26"W, A DISTANCE OF 100.59 FEET TO THE INTERSECTION OF THE SAID NORTH RIGHT-OF-WAY LINE OF COURT STREET AND THE SAID WEST RIGHT-OF-WAY LINE OF SOUTH GARDEN AVENUE; THENCE N0°08'15"E, A DISTANCE OF 89.95 FEET; THENCE S89°50'13"E, A DISTANCE OF 3.94 FEET; THENCE N0°03'33"E, A DISTANCE OF 199.85 FEET TO THE POINT OF BEGINNING. CONTAINING: 28,682.46 SQUARE FEET OR 0.658 ACRES, MORE OR LESS. BEARINGS ARE BASED ON GRID (NAD83/9O). EAST RIGHT OF WAY LINE BEARING SOO'O3'33"W, AS MEASURED. 2.THERE MAY BE ADDITIONAL EASEMENTS, RESTRICTIONS,AND/OR MATTERS NOT SHOWN ON THIS SURVEYWHICH MAY BE FOUND IN THE PUBLIC RECORDS OFTHIS COUNTY. SHEET 1 OF 2 3.THIS SKETCH AND LEGAL DESCRIPTION IS NOT VALIDWITHOUT THE SIGNATURE AND SEAL OF A FLORIDALICENSED SURVEYOR AND MAPPER.� ,--,-----,------------,------.1 4.THIS IS NOT A BOUNDARY SURVEY.�---------------+--l Of--f---t------------+--l 1i5 �---------------+--l VACATE RIGHT-OF-WAY o:: NO. DATE DESCRIPTION BY SKETCH & LEGAL J SURVEYOR'S CERTIFl�(\�e.1 ,,,,,,,, hereon was prepared under my RESPOfllSlB •• l'roE'1'n:� .1,, DESCRIPTION I hereby certify that the SKETCH AND DE��' I olt,��,:�✓,..,. (PROJECT NO. 18013 date(s) shown, and meets the STANDA'flD r �t."(;) � 1--..;.;;..;;.;;;;;..:;..;.....;..;.c:...:.+--..:..;:.;;...:..=.....----i forth by the FLORIDA BOARD OF PRO�SSI �6"s�O� Aflb � DRAWING# 18013 ROW MAPPERS in Chap.ter SJ-17, FLORID�IIIIIS'IRA111J£' tODE"' • •• * _ SCALE 1 "=50' ' �--..._----------��!::.,---1--....!,-=:�-l pursuant to Section 472.027, FLORI� ':'TUTES. *: = ( \SUNCOAST LAND QI IC\.ICVlt.ln INC DRAWN RJM Kyle Digitally signed by Kyle- ...,: : � = i===�!;,.. • • • M• uv11,1-11m� •• • DATE 11-01-2024 Mcclung ::: �·• STATEOF(SEALi Ii> -��=;;;f' 111 FOREST LAKES BOULEVARD M Cl Date:2024.11.01 -:::. �··. � ' Q, � / OLDSMAR, FLORIDA 34677 CHECKED/QC C ung 14:50:59-04'00' � �--••• J:to �Y-2 " --..__..., FIELD CREW N/A c� LB 4513 B0UNDARY-T0P0GRAPHIC-C0NSTRUCTI0NSTAKE0UT l--,is,..:,.cK�. /;;;;,,P�G-'. �-+---'N=/A...;__-l KYLE McCLUNG •,,,.,.,,"/'8'Jrveyot , ,,, PH: (813) 854-1342 SLSURVEY@TAMPABAY.RR.COM SURVEY DATE N/A LS 7177 'I 11111111111' Exhibit "2/3" Exhibit "3/3" ORDINANCE NO. 9812-25 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, CONDITIONALLY VACATING ALL OF THE RIGHT OF WAY OF SOUTH GARDEN AVENUE ABUTTING LOTS 6-11 TOGETHER WITH THAT PORTION ABUTTING THE VACATED 15 FOOT ALLEY LYING BETWEEN LOTS 10 AND 11 OF COURT SQUARE SUBDIVISION AS RECORDED IN PLAT BOOK 5, PAGE 53 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; PROVIDING FOR CONDITIONS PRECEDENT TO SAID VACATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the southern portion of Garden Ave. (referred to herein as the “Subject Property”) is right of way that was dedicated to the Public by Plat according to the Court Square Subdivision Plat recorded in Plat Book 5, Page 53 of the Public Records of Pinellas County, Florida; and WHEREAS, the City of Clearwater (the “City”) has maintained significant, permanent improvements within this platted right of way for more than the statutorily described period in Fla. Stat. § 95.361, such that the City has become the fee simple owner of the land where those improvements are located and maintained; and WHEREAS, the City of Clearwater Charter Section 2.01 (d)(5)(ii) states that “when the property declared surplus is vacated right-of-way in which the city owns the fee interest and the vacated right-of-way is abutted by a single property owner, no competitive bid shall be required; and the city may sell the property to the abutting property owner for not less than fair market value.”; and WHEREAS, the owner of real property abutting the right of way (the “Applicant”) as described herein has formally requested that said right of way be vacated by the City; and WHEREAS, the Clearwater City Council finds that, if certain conditions are met, this area will no longer be necessary for municipal use, and that satisfaction of said conditions will make it in the best interest of the City and the General Public to Vacate this portion of right of way, declare it surplus, and transfer interests to the Applicant; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Whereas Clauses above are adopted herein as the legal and factual predicate for the passage of this Ordinance. Section 2. The right of way for the purposes of this Ordinance (depicted by sketch in Exhibit “A” which is incorporated herein and referred to as “Subject Property”) is legally described as: ALL OF THE RIGHT OF WAY OF SOUTH GARDEN AVENUE ABUTTING LOTS 6-11 TOGETHER WITH THAT PORTION ABUTTING THE VACATED 15 FOOT ALLEY LYING BETWEEN LOTS 10 AND 11 OF COURT SQUARE SUBDIVISION AS RECORDED IN PLAT BOOK 5, PAGE 53 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. Section 3. The City of Clearwater hereby vacates, closes, abandons, and releases all rights, title, and interest to the Subject Property as dedicated right of way by Plat, subject to the occurrence of the following conditions precedent: 1. The Clearwater City Council shall declare the Property as Surplus in accordance with City ordinances, policies, and procedures, and such Declaration shall be made in conjunction with the approval of a Purchase and Sale Agreement with the Applicant. 2. The City and the Applicant shall enter into a Purchase and Sale Agreement that meets at least the following minimum requirements: a. Provides for payment, at minimum, of fair market value, as established by an appraisal performed by a Florida-licensed appraiser, to be paid to the City in exchange for a Special Warranty Deed transferring the Subject Property; b. Requires as a Seller’s closing condition evidence of single ownership or functional equivalent of single ownership of all properties abutting the Subject Property; c. Requires as a Seller’s closing condition the Buyer’s application for and subsequent receipt of a certificate of occupancy (“CO”) in conjunction with certain improvements relating to the Subject Property, said improvements being further defined in the Purchase and Sale Agreement. d. Reserves, retains, and/or otherwise provides for all the necessary easement interests as required to protect existing or planned public utilities and infrastructure assets either by reservation within the Deed or by separate conveyance or agreement, including but not limited to water, sewer, drainage, gas, electric, communications, and any other utilities within the Subject Property or otherwise impacted by the overall development. e. Allows for the reasonable relocation of utilities at no expense to the City. f. Buyer will develop the majority of the Subject Property to be part of a pedestrian friendly outdoor gathering space with a net increase in green space. 3. The City shall retain a blanket easement for public utilities over the Subject Property until such time that utilities are relocated, and any relocation of utilities shall be approved by the City in the City’s sole discretion. The City shall require separate easements to be conveyed as necessary prior to reducing, releasing, abandoning and/or terminating this blanket easement reservation. 4. The City Manager and City Attorney shall determine if the appropriate closing conditions have been met and shall approve the form of the Special Warranty Deed to be used for this transaction in accordance with the requirements of the Purchase and Sale Agreement and this Ordinance. 5. Buyer will obtain the necessary building permits to construct an auditorium on the land east of the Subject Property on or before December 31, 2029. Section 4. The City may continue full use of the Subject Property, including the collection of parking revenue, until such time as Seller issues a temporary construction easement as required by the forthcoming Purchase and Sale Agreement. The Seller shall not issue or be required to issue the temporary construction easement until the Seller has issued all building permits authorizing vertical construction of the auditorium. Once issued, the temporary construction easement shall permit the Buyer, prior to Closing, the right to use the Subject Property for construction related activities in support of the construction activities on the parcels to the east and west and to conduct construction activities on the Subject Property. Section 5. The provisions of this Ordinance shall run with the land, and the City Clerk shall record this ordinance in the Public Records of Pinellas County, Florida, following adoption. Section 6. This Vacation ordinance shall not take effect until an approved Deed is executed and recorded in the Public Records of Pinellas County, Florida. PASSED ON FIRST READING ________________________________ PASSED ON SECOND AND FINAL READING AND ADOPTED ________________________________ CITY OF CLEARWATER By: ________________________________ Bruce Rector Mayor Approved as to form: Attest: ________________________________ ________________________________ Jerrod Simpson Rosemarie Call Senior Assistant City Attorney City Clerk From:Poirrier, Jennifer To:Call, Rosemarie Subject:Fw: Reconnect Clearwater: Save The Garden Proposal Date:Wednesday, April 30, 2025 5:56:37 PM Attachments:City to Execute - Agreement - Real Property Purchase Sale Agreement - S Garden Ave ROW with Exhibit A Legal Description.pdf This as well. Get Outlook for iOS From: Poirrier, Jennifer <Jennifer.Poirrier@MyClearwater.com> Sent: Wednesday, April 30, 2025 5:53:45 PM To: Slaughter, Daniel <Daniel.Slaughter@MyClearwater.com>; Margolis, David <David.Margolis@MyClearwater.com>; Matzke, Lauren <Lauren.Matzke@MyClearwater.com>; Williamson, Marcus <Marcus.Williamson@MyClearwater.com> Subject: Fw: Reconnect Clearwater: Save The Garden Proposal Get Outlook for iOS From: Brooks Gibbs <brooks@brooksgibbs.com> Sent: Wednesday, April 30, 2025 5:00 PM To: Poirrier, Jennifer <Jennifer.Poirrier@MyClearwater.com> Subject: Reconnect Clearwater: Save The Garden Proposal CAUTION: This email originated from outside of the City of Clearwater. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Jennifer, Please see attached: Real Property Purchase & Sale Agreement CAD Drawings Thank you, Brooks GibbsReconnect Clearwater, Inc. www.SaveTheGarden.org----- www.BrooksGibbs.comAll Socials: @BrooksGibbs 2025-4-29_Garden Memorial Park - Site Plan - No SB.pdf REAL PROPERTY PURCHASE AND SALE AGREEMENT 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, RECONNECT CLEARWATER, INC. whose principal place of business is PO BOX 335, Safety Harbor, FL 34695 (herein “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 terms and conditions stated herein (“Contract”). 1. PROPERTY DESCRIPTION A. The parcel of land generally described as: Exhibit “A” (attached hereto and incorporated herein). B. Legally Described as: ALL OF THE RIGHT OF WAY OF SOUTH GARDEN AVENUE ABUTTING LOTS 6-11 TOGETHER WITH THAT PORTION ABUTTING THE VACATED 15 FOOT ALLEY LYING BETWEEN LOTS 10 AND 11 OF COURT SQUARE SUBDIVISION AS RECORDED IN PLAT BOOK 5, PAGE 53 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. C. Together with all improvements located therein, but excluding any existing utility improvements or assets owned or maintained by the City. D. Referred to herein as the “Property” or “Subject Property” or “the Land.” 2. PURCHASE PRICE The Buyer shall pay ONE MILLION FIVE HUNDRED THOUSAND DOLLARS EXACTLY ($1,500,000.00). A. The Parties agree that this price represents the fair market value of the Subject Property, B. The manner of payment shall be via in two installments of SEVEN HUNDRED FIFTY THOUSAND ($750,000.00) each. Initial payment as deposit in good faith to begin The Project. Balance of SEVEN HUNDRED FIFTY THOUSAND due when construction is completed on or before 36 months after construction commences and The Project is approved to Page 1 of 15 open by the City. As a federal funds wire in United States currency at the time of closing as more particularly described in this Contract 3. PURPOSE The Clearwater City Council (“Council”) has determined its desire to convey the Subject Property to the Buyer pursuant to the CITY OF CLEARWATER NOTICE OF DISPOSITION OF REAL PROPERTY WITHIN THE DOWNTOWN COMMUNITY REDEVELOPMENT AREA legal notice dated March 5, 2025. The Buyer agrees that while the Subject Property is right of way, the City owns it in fee simple, the sale of this right of way is contingent upon the satisfactory closing of this Contract, and the transfer of interests by Special Warranty Deed. 4. AUTHORITY TO EXECUTE NECESSARY DOCUMENTS The City Council has authorized the execution of this Contract by the City Manager and has given the City Manager and the City Attorney the discretion to approve the form of a Special Warranty Deed, and to determine if all Seller’s closing conditions have been met in their sole discretion. 5. TITLE & TITLE EVIDENCE A. The City shall warrant legal capacity to execute a Special Warranty Deed through the appropriate officials, and said Deed shall meet the requirements as described herein. The City shall convey the Property by a Special Warranty Deed. Said Deed shall expressly release any reserved interests in compliance with F. S. S 270.11. B. The Parties acknowledge that no formal title search on the Subject Property was performed by either Party, and no title insurance will be obtained for this transaction. As such, the Seller assumes all associated risks regarding claims or encumbrances to title. The Subject Property shall be conveyed to Buyer subject to: Page 2 of 15 i. Ad valorem taxes and assessments for the year of Closing and subsequent years, provided the same are not then due and payable; ii. Any applicable ordinances governing land use, provided the same permit the existing and Buyer’s contemplated utilization of the Land pursuant to those uses approved in the Development Orders; iii. All terms contained within any Development Orders issued prior to or subsequent to the execution of this Contract in relation to the Property; and iv. Any easements as necessary for all public utilities that exist or may be proposed within the Subject Property, and the improvements related to those easements. 6. SURVEY Buyer may, prior to the expiration of the Inspection Period as described below, deliver a survey of the Subject Property to Seller (“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 Buyer shall specify the encroachment and notify the Seller that Buyer views said encroachment as a material defect. The Seller shall make commercially reasonable efforts to cure any defect that may be discovered by the Survey, but is under no obligation to expend any funds in so doing, and upon notice from the Seller, that the Seller is unable to cure a survey-related defect, the Buyer may terminate this Contract or accept the Property as-is, where-is, with said 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, and any title company, title insurance provider, or lender as required by Buyer. Page 3 of 15 The Parties may agree to narrow the scope of the City’s reservation of a blanket easement for utilities to specific areas as identified in the Survey, but the City maintains the sole discretion to determine whether or not any proposed easement area is sufficient to protect the City’s interests in utilities. 7. THIS SECTION INTENTIONALLY DELETED This section was intentionally deleted. 8. RESERVATION OF EASEMENT The Buyer and Seller agree that the Special Warranty Deed shall contain a reservation of a Blanket Utility Easement to cover all existing or planned utilities located at the Subject Property, which shall terminate upon the City approving, in its sole discretion, the relocation of utilities at the Buyer’s expense. 9. FIRST RIGHT OF REFUSAL CLAUSE Buyer hereby grants to Seller a right of first refusal to purchase the Property in the event Buyer receives a future bona fide written offer from a third party to purchase the Property, which Buyer is willing to accept, Buyer shall deliver a copy of such offer to Seller. Seller shall have sixty business days from receipt of said offer to notify Buyer in writing of Seller’s election to purchase the Property on the same terms and conditions set forth in such offer. If Seller elects to purchase the Property, the parties shall proceed to close the transaction in accordance with the terms of the third-party offer. If Seller fails to exercise this right within the specified time period, Buyer may proceed to sell the Property to the third party on the same terms, or on terms not materially more favorable to the Seller. This right shall terminate upon the earlier of: (i) the Seller’s written waiver, (ii) failure to timely exercise the right upon notice, or (iii) closing Page 4 of 15 of the sale to the third party in compliance with this provision. This right of first refusal shall run with the land and shall bind and benefit the parties and their respective heirs, successors, and assigns. 10. CLOSING PLACE & DATE The City shall designate the closing agent (“Closing Agent”). The City may designate the City Attorney’s Office to act as the Closing Agent. If the City elects another Closing Agent the City shall bear any associated settlement fee or closing fee, but this shall not be construed to require the City to purchase title insurance or to perform a formal title search. The closing of this transaction (“Closing”) shall be completed in the offices of the designated Closing Agent in Pinellas County, Florida on or before 30 days after construction is completed and City issues final approval to open The Project to the public. Buyer will obtain the necessary building permits to construct The Project on or before December 31, 2026, and will have completed that construction to a degree of beneficial occupancy on or before December 31, 2028, failing which Buyer shall pay Seller an annual extension fee of three hundred thousand dollars exactly ($300,000.00). If Buyer does not pay the annual extension fee by December 31 of the calendar year preceding the year of the extension, this contract shall be deemed terminated and void. The Buyer and Seller acknowledge and agree that time shall be of the essence with respect to the performance by the Buyer to pay the Purchase Price, and otherwise fulfill the conditions contemplated in this Contract before the Closing Date. For that reason, the Buyer shall be entitled to pay for up to two extensions as described in the previous paragraph. If the Closing does not occur by December 31, 2028 except in the case of an 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. Page 5 of 15 11. 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: 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. Any other documents as may be required by this Contract, including affidavits regarding property ownership and signature authority of representatives; vii. Any other documents reasonably requested by the Closing Agent. The appropriate representatives of the Parties shall deliver any applicable documents authorizing the sale and delivery of the Special Warranty Deed and certifying the resolution or other documents, setting forth facts showing the conveyance conforms to the requirements of local law. 12. CLOSING EXPENSES Pursuant to Florida Statutes, 201.24 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 performed by the Closing Agent, and any associated expense shall be paid by the Buyer as specified in the closing statement. All other closing costs shall be apportioned in the manner customary for commercial real estate transactions in Pinellas County, Florida. 13. PARKING REVENUE The Seller and the general public shall be entitled to continue full use of the Subject Property, including the collection of parking revenue, until at least such time as the Seller approves commencement of project construction. Page 6 of 15 14. OCCUPANCY & LEASES Seller warrants that there are no parties in occupancy other than the Seller and certain utility providers. Seller warrants that there are no tenants occupying the Land and that no leases, licenses, or other written occupancy agreements exist, recorded or unrecorded, that would authorize such occupancy or use of the Land. Seller agrees to deliver occupancy of the Land at time of Closing Date, except as otherwise stated herein. At Closing, Buyer agrees to accept the Property with all included improvements, in its existing condition unless otherwise stated herein or in a separate writing. 15. PROPERTY CONDITION Buyer acquires this Property As Is, Where Is, With All Faults, and any and all risk and/or liability associated with the Property whether known or unknown is assumed by the Buyer. Seller makes no representations or warranties as to the condition of the Subject Property or any improvement located therein. Any information shared by the Seller in relation to the Property is not to be construed as a representation or warranty. A. “As Is, Where Is, With All Faults” with Right of Inspection: Within 60 days following the Execution of this Contract (“Inspection Period”), Buyer may, at Buyer’s sole expense, 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 any accident arising in with the presence of Buyer’s consultant, or its subcontractors, agents and representatives on the Land, which Page 7 of 15 shall name Seller as additional insureds and is written by a reputable insurance company. 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. 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. B. Buyer’s Termination: The 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. Upon Buyer’s termination of the Contract, the Vacation Ordinance shall by Null and Void. C. 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. If Buyer elects not to terminate during the inspection period, Buyer’s indemnity shall extend 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) related to environmental conditions of the Property, including but not limited to all claims arising under environmental laws. Buyer’s obligations under this Section shall survive the termination of this Contract and shall survive the Closing. D. Document Delivery. Seller shall provide to Buyer any and all prior surveys, environmental reports, plans, specifications and contracts associated with the Subject Property, to the extent that Seller possesses them, within ten (10) days of the Buyer’s request for such documents. Page 8 of 15 16. FINAL 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 Subject Property to determine Compliance with any Seller obligations related to closing conditions and to ensure that all Property is in and on the premises. No new issues may be raised as a result of the final walk-through. 17. RISK OF LOSS If the Subject Property is damaged by a catastrophic event or other casualty before closing, Buyer shall have the option of either taking the Property “as is”, or Buyer may cancel this Contract. Seller shall have no obligation to repair or rebuild. 18. 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 the other Party 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 may 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, any Extension Fee paid by the Buyer shall be returned to the Buyer. The Cure Right shall not be applicable beyond the Closing Date. 19. RADON GAS NOTIFICATION Page 9 of 15 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. 20. CONTRACT NOT RECORDABLE; PERSONS BOUND BY THE CONTRACT The Parties acknowledge that this Contract is a public record subject to Chapter 119, Florida Statutes; however, this Contract may not be recorded in the Official Records of Pinellas County. This Contract shall bind and inure to the benefit of the Buyer and the Seller and may not be assigned by either Party. Notwithstanding anything herein to the contrary, the partners, officers, directors, trustees, employees, agents, affiliates or subsidiaries of either of the Parties shall have no liability whatsoever pursuant to any controversy arising out of this Contract, and the Parties agree to look solely to each other as named entities for remedies as provided for in this Contract. 21. NOTICES 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 as designated below or by electronic mail, including the Parties to this Contract and the Parties’ attorneys. Seller: City of Clearwater Attn: David Margolis, City Attorney 600 Cleveland Street, 6th Floor Clearwater, FL 33755 Email: David.Margolis@MyClearwater.com Buyer: Reconnect Clearwater, Inc. Attn: Ralf Brookes, Attorney Page 10 of 15 1217 E Cape Coral #107 Cape Coral, FL 33904 (239) 910-5464 phone ralf@ralfbrookesattorney.com 22. ATTORNEY’S FEES Each Party shall pay its own attorney’s fees and costs in any dispute, claim, or litigation arising out of this Contract. 23. BROKER REPRESENTATION If either Party chooses to be represented by a Licensed Real Estate Broker upon Seller’s execution hereof, then that Party shall be solely responsible for any such Broker fee or expense due to said Broker. 24. SEVERABILITY; GOVERNING LAW & VENUE 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 severance of any invalid provision. This Contract shall be governed by the Laws of the State of Florida with venue being the appropriate court with jurisdiction over the City of Clearwater, Pinellas County, Florida. 25. COUNTERPARTS; ENTIRE AGREEMENT 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. Upon execution by Seller and Buyer, this Contract and any attached exhibits along with the Development Order(s) shall constitute the entire agreement between the Page 11 of 15 Parties relating to the purchase of the Subject Property, 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 this Contract shall only be valid when expressed in writing, signed by authorized representatives of the Parties and incorporated herein as formal amendments to this Contract. 26. THE PROJECT “The Story of Clearwater: In Black and White” as described in The Garden proposal. (attached hereto). Buyer will develop the majority of the Subject Property to be part of a pedestrian-friendly outdoor gathering space with a net increase in green space. The Buyer recognizes its responsibility to comply with the Community Development Code, as amended from time to time, and will obtain any necessary approvals or permits required by the Community Development Code prior to and during construction. For the avoidance of doubt, the Project shall not occupy or utilize any portion of Court Street or Franklin Street, except that the Buyer may utilize Court Street and Franklin Street to the same extent and in the same manner as any other member of the public. 27. 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,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; unlawful delay by Governmental Authorities to act Page 12 of 15 and process properly completed applications in accordance with any statutory review timelines, 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 loss; (2) 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 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 Buyer shall give Notice to the Seller with Specificity of the basis for said request, and stating the exact amount of days that are requested. The Seller may accept the request, or alternatively may invoke the Default procedures described herein. 28. CONDITIONS PRECEDENT TO BUYER’S OBLIGATION TO CLOSE Page 13 of 15 The obligation of the Buyer to consummate the transactions contemplated by this Contract is subject to the following conditions precedent, the determination of which shall be made by the Buyer in their sole discretion: A. The execution and delivery of this Contract, signed by the appropriate authorities of the City. B. The Buyer having obtained sufficient funding to purchase the Land. C. No Event of Default exists on the part of the City. D. A temporary construction easement from the Seller to the Buyer permitting Buyer, prior to Closing, the right to use the Subject Property for construction related activities in support of the Project construction. The temporary construction easement shall be issued by Seller when Buyer obtains all building permits allowing construction on the Subject Property and Buyer breaks ground on said construction. 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 Seller’s conditions precedent are met, or terminate this Contract by giving written notice to Seller on or before Closing, in which case this Contract shall be deemed terminated without the necessity of further documentation. 29. CONDITIONS PRECEDENT TO SELLER’S OBLIGATION TO CLOSE The obligation of the Seller to consummate the transactions contemplated by this Contract is subject to the follow conditions precedent, the determination of which shall be made by the Seller in their sole discretion: A. The City’s declaration of surplus of Subject Property which the Buyer acknowledges to be within the sole discretion of the Clearwater City Council. B. The Buyer obtaining and providing proof to the Seller of the necessary funds available or other financing to purchase the Land. Page 14 of 15 C. Easements as necessary to cover any utility interest that the City may have or desire. D. The Buyer applying for and obtaining building permits to commence vertical construction as to the Project. E. The Buyer shall have attained beneficial occupancy within the time frame authorized by Section 10 of this Contract. F. The Buyer receiving approval to open the Project to the public after completing construction of the Project. 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 Buyer’s conditions precedent 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. [Signature Pages to Follow] Page 15 of 15 Page 16 of 15 Page 17 of 15 Page 18 of 15 From:Poirrier, Jennifer To:Call, Rosemarie Subject:Fw: Here is the Proposal Date:Wednesday, April 30, 2025 5:56:25 PM Attachments:SAVE THE GARDEN Final Proposal.pdf They would like this attached to the agenda item. Please call me to discuss tomorrow. Get Outlook for iOS From: Poirrier, Jennifer <Jennifer.Poirrier@MyClearwater.com> Sent: Wednesday, April 30, 2025 5:53 PM To: Slaughter, Daniel <Daniel.Slaughter@MyClearwater.com>; Margolis, David <David.Margolis@MyClearwater.com>; Matzke, Lauren <Lauren.Matzke@MyClearwater.com>; Williamson, Marcus <Marcus.Williamson@MyClearwater.com> Subject: Fw: Here is the Proposal Get Outlook for iOS From: Brooks Gibbs <brooks@brooksgibbs.com> Sent: Wednesday, April 30, 2025 5:10 PM To: Poirrier, Jennifer <Jennifer.Poirrier@MyClearwater.com> Subject: Here is the Proposal CAUTION: This email originated from outside of the City of Clearwater. Do not click links or open attachments unless you recognize the sender and know the content is safe. Jennifer, Here is the proposal as well as the pictures. Please include this with the other documents Isent. Thanks, BrooksReconnect Clearwater, Inc www.SaveTheGarden.org----- www.BrooksGibbs.comAll Socials: @BrooksGibbs 1 Save the Garden Project Table of contents 1. Execu8ve Summary 2. Cultural and Historical Narra8ve 3. Loca8on and Site Plan 4. Ownership and Development Timeline 5. Core Design Elements & Cultural Ac8va8on Plan 6. Development Timeline & Milestones 7. Financial Overview and Budget 8. Governance and Maintenance Plan 9. Insurance and Risk Management 10. Legal commitments and Property Tax 11. Partnerships and LeMer of Support 12. Why Now 13. Call to Ac8on 14. Appendices 2 1) Execu(ve Summary The Garden at Garden Avenue is a public space proposal rooted in preserva@on, unity, and history. Situated on South Garden Avenue in downtown Clearwater, this project offers a community-first response to downtown revitaliza@on. Designed by Reconnect Clearwater in partnership with the Clearwater African American Founda@on, The Garden is more than a beau@fica@on effort. It is a cultural landmark, an educa@onal plaSorm, and a place of inten@onal gathering— built on the legacy of Garden Avenue as one of Clearwater’s three historic African American communi@es. During the era of segrega@on, Garden Avenue quietly became a symbol of coopera@on between black and white residents. Despite legal divisions, mutual reliance sustained the city’s downtown. Barbershops, cafés, and local businesses served all, revealing a hidden story of respect, resourcefulness, and interdependence. This proposal preserves that legacy through a walkable park experience, featuring: • A Conversa@on Circle for dialogue and reflec@on • Bronze busts honoring Clearwater’s historical leaders of that era • A walking trail guided by QR codes linking to short films • Rota@ng seasonal installa@ons and mul@media storytelling Our first installa@on, The Story of Clearwater: In Black and White, tells the intertwined narra@ves of coopera@on, labor, and civic resilience that helped build Clearwater from the ground up. The Garden will be funded en@rely by Reconnect Clearwater and its coali@on. We propose a three-year development @meline, with land purchase completed upon construc@on and maintenance permanently covered by our team. In contrast to leverage-based developments, The Garden requires no zoning changes and offers a fully transparent, service-first partnership with the city. 3 This is not just a park. It is a reminder of what Clearwater has endured— and a promise of what it can s@ll become. We respecSully submit this proposal as an act of preserva@on, unity, and presence. 2) Cultural and Historical Narra(ve There are streets that hold stories—and then there are streets that carry a city’s soul. Garden Avenue is one of the la‘er. You won’t find its history wri‘en in big block le‘ers. You won’t see it commemorated with plaques or murals—yet. But if you’ve lived here long enough, or if you’ve sat quietly with the people who have, you know that Garden Avenue has a story to tell. During the @me of segrega@on, Garden Avenue wasn’t just a part of Clearwater’s black community—it was its center. A place where you could get your hair cut, get a hot meal, hear what was going on, and feel seen. Black-owned barbershops, cafés, corner stores, repair shops—all of them filled the gap leb by a system that excluded black residents from the so-called mainstream economy. But Garden Avenue didn’t just fill that gap. It became a world of its own. A neighborhood of entrepreneurs, workers, mothers, kids. It was alive. Even under the weight of segrega@on, Garden Avenue was a place of connec@on. Not official. Not wri‘en down. But real. There was a kind of unspoken coopera@on between the black and white business owners that sustained this part of town. White downtown business owners needed help—contractors, cooks, laborers, fixers, thinkers—and they turned to their black neighbors. And in return, some black businesses served both black and white customers. Not with signs. Not with permission. But with understanding. That wasn’t considered acceptable, but it happened anyway. And that’s the story we’re telling. It’s not about pretending Clearwater didn’t have injus@ce. It did. It s@ll does. But the people who lived through those years didn’t just endure the injus@ce—they worked around it, through it, and some@mes with each other, to hold the city together. 4 That’s what The Garden is. It’s not just a public space. It’s a tribute to that presence. A living, breathing space that says, “We remember what held us together.” A space that brings people back to Garden Avenue—not just for what it was, but for what it can s@ll be. The Garden stands as a physical reminder that this city wasn’t just built by policy and money. It was built by people—many of whom were never acknowledged, never thanked, never invited into the official story. This project is about correc@ng that, not through monuments alone, but through ac@va@on. Through storytelling. Through sihng beside someone you didn’t expect to talk to and realizing: this place offers a healing connec@on for both of you. Considering the deep divide that exists in Downtown Clearwater, it is our hope that this space will awaken the spirit of connec@on that Garden Avenue has historically offered this city. Our first installa@on, The Story of Clearwater: In Black and White, will guide visitors through this legacy. It’s a walking tour, a listening experience, a conversa@on starter. QR-coded plaques along the paths will link to video stories—some already being filmed, others s@ll to come. These are not scripted produc@ons. They’re memories. Stories from real people, told in their own words. Elders, families, workers, business owners, students—all sharing what they saw, what they built, what they carry. These stories won’t be frozen in @me. They’ll grow. We’ll keep recording, keep collec@ng, keep adding. Because history isn’t finished—and neither is Clearwater. This isn’t just about the black experience in Clearwater, although that’s central. This is about all of us. This is about what it means to live in a city together. About how communi@es survive when systems fail. About the quiet strength that doesn’t make the headlines but keeps everything running. We’re building a space that reflects that kind of strength. A space that invites people to return to downtown— to shop, to remember—and to make memories. This is how we heal. Learning from the past, unifying towards a be‘er future. Clearwater needs this garden. 5 3) Loca(on and Site Plan • Address: South Garden Avenue, Clearwater, FL • Boundaries: Between Franklin Street and Court Street • Footprint: Full use of the public right-of-way on South Garden Avenue. • Site Status: Currently paved corridor, under city ownership • Proposal: City retains ownership during construc@on, then transfers to Reconnect Clearwater upon successful comple@on and purchase of the parcel • Land-use: .64 acres 4) Ownership and Development Timeline: City Role: • The city retains ownership un@l paid in full • Reconnect Clearwater will purchase the land for $1.5 million Ongoing Responsibility: • Reconnect Clearwater will assume 100% of above ground maintenance • The city incurs no post-comple@on cost This agreement gives the city flexibility and financial gain—while giving the community something useful. 6 This is open to nego@a@ons. 5) Core Design Elements 1. The Conversa@on Circle At the center of the park, we are building a circular stone circle—an open-air room with benches around the perimeter and space at its center for gathering, reflec@on, and conversa@on. This is the emo@onal core of the Garden. Engraved into the stone will be short prompts designed to start conversa@ons. 2. The Bronze Busts – Faces of Legacy This park will include bronze busts of key figures from Clearwater’s past. These are named people—builders, teachers, veterans, preachers —whose stories will be told through mul@media installa@ons. Each bust will have a placard and QR code that links to the oral history via short video. 3. Art The park will include a walkway with art installa@ons that reflect the stories being told. 4. Seasonal Rota@ng Installa@ons Seasonally, the garden will transform. These installa@ons will use modular signage, projec@on, and pop-up content. Some themes may include: • Women Who Changed Clearwater • Beach Days & Boardwalk Memories • Stories From the Storm: Surviving Hurricanes Together 7 • Ghost Stories & Hidden Histories (October series) These keep the Garden dynamic. People will come back—not just once, but with their kids, their classes, their memories. Landscaping & Ecological Design This will be one of the most beau@ful public spaces in the city. Not because of opulence—but because of inten@on. Landscape may include: a. Na@ve shade trees (live oak, red maple) b. Pollinator gardens with seasonal color c. Paths paved with reclaimed stone d. Sob up-ligh@ng to make the garden walkable and safe into the evening Technical Footprint + Infrastructure may include: e. Stormwater Planning: May include permeable paving and rain gardens to meet code and improve downtown runoff f. Ligh@ng Grid: Low-energy, solar-assisted path ligh@ng + security upligh@ng for busts and QR code kiosks g. Power Access: Built-in u@lity access for events, pop-up programming, and emergency response h. Durability: All materials chosen for Florida weather condi@ons and low- maintenance longevity Thanks to our produc@on partnerships, we will be producing original content year- round. This may include: i. Short documentaries featuring Clearwater residents and families connected to the history of Garden Avenue j. Thema@c series @ed to each seasonal exhibit k. Interview archives with elders, educators, and civic leaders l. Youth-created content that reinterprets stories from the past for a new genera@on Content will be updated regularly, archived responsibly, and accessible to anyone with a phone and a moment. 8 Architectural CAD files will be provided as needed to each department that has requested. 6) Development Timeline and Milestones Project Overview The Garden on Garden Avenue is a community-driven ini@a@ve to reclaim and revitalize a significant downtown space in Clearwater. Our goal is to transform this area into a vibrant cultural and civic hub, honoring the history and fostering unity among residents. 36-Month Construc@on Timeline Months 1–6: Planning and Design Phase a. Ini@al Deposit: Reconnect Clearwater pays $750,000 as a deposit in good faith to start the project. Balance will be due when construc@on is completed, and park is approved to open (before the end of the 36-month construc@on schedule) b. Community Engagement: Conduct workshops and surveys to gather input from local residents, businesses, and stakeholders. c. Design Finaliza@on: Collaborate with architects and urban planners to develop detailed blueprints, incorpora@ng community feedback. d. Permihng: Submit plans to the City of Clearwater for approval and obtain necessary permits. Months 7–12: Site Prepara@on e. Demoli@on: Safely remove exis@ng structures and clear the site. f. Infrastructure Setup: Install u@li@es, drainage systems, and founda@onal elements. Months 13–24: Construc@on Phase g. Landscaping: Develop gardens, pathways, and recrea@onal areas. h. Structures: Build community pavilions, sea@ng areas, and interac@ve installa@ons. i. Art Installa@ons: Commission local ar@sts for permanent and rota@ng exhibits. 9 Months 25–30: Final Touches j. Signage: Install interpre@ve signs and QR code markers for storytelling. k. Furnishings: Place benches, ligh@ng, and ameni@es. l. Safety Measures: Ensure compliance with safety standards and accessibility requirements. Months 31–36: Programming and Ac@va@on m. Pay Balance Due: Reconnect Clearwater pays the City a balance owed of $750,000 and the City transfers property to Reconnect Clearwater n. Sob Launch: Host community events to introduce the space. o. Full Programming: Begin regular events, workshops, and cultural ac@vi@es. Construc@on Cost Es@mate Based on industry standards and regional data: p. Average Construc@on Cost per Square Foot: Approximately $1.70 for public park facili@es in Florida. q. Es@mated Total Area: 10,000 square feet. Es@mated Construc@on Cost: r. 10,000 sq b × $1.70/sq b = $17,000 Addi@onal Costs: s. Site Prepara@on and Demoli@on: Es@mated at $50,000. t. Art Installa@ons and Furnishings: Es@mated at $100,000. u. Con@ngency Fund: 10% of total costs for unforeseen expenses. Total Es@mated Construc@on Cost: v. $17,000 + $50,000 + $100,000 + $16,700 (con@ngency) = $183,700 Key Milestones i. Ini$al Deposit: Reconnect Clearwater pays the City of Clearwater $750,000 as a deposit in good faith. 10 ii. Comple$on of Construc$on: All physical infrastructure and programming elements are finished within a 36 month window. iii. Final Inspec$on: City officials conduct a thorough inspec$on to ensure compliance with all standards. iv. Ownership Transfer: Official transfer of ownership to the City of Clearwater, accompanied by a $750,000 remaining balance payment. v. Programming Ini$a$on: Regular community events and ac$vi$es commence. 7) Financial Overview and Budget The Garden on Garden Avenue is designed to be not only meaningful but also, feasible. Our financial model is straighSorward: the City of Clearwater will not be asked to contribute any funding toward construc@on, opera@ons, or long-term maintenance. This is a fully community-led, privately funded project—with transparent numbers and shared accountability. We’ve developed our budget in consulta@on with contractors, architects, local vendors, and regional data benchmarks to ensure it’s realis@c, not aspira@onal. One-Time Development Costs Line Item Es$mated Cost Site Prepara$on + Demoli$on $50,000 (range 60c-$1.20, FL standard 1/3 acre) U$lity/Infrastructure/ Installa$on $45,000 - $110,000 (depending on city infrastructure.) Landscaping (na?ve trees, pollinator beds) $40,000 - $60,000 Pathways + Hardscape + Sea$ng $100,000 (This is 25% overes?mate) Conversa$on Court Construc$on $125,000 (Florida standard per square foot plus 10%) Bronze Busts 7 X $15,000 (quote from Fabworks) Ligh$ng + Electrical Grid $60,000 (this can go up and down) Story Trail Markers (QR- linked plaques) $40,000 Signage + Accessibility Features $25,000 (average quote) 11 Design, Permi]ng, Insurance $35,000 (16,000 for insurance quote) Ini$al Programming + Events Setup $50,000 (market budget put together by the board) Mul$media Produc$on $100,000 (films, QR content) Con$ngency (10%) $79,000 Total Development Es/mate $869,000 Note: This figure does not include land purchase, which is budgeted separately. Land Purchase Commitment • Reconnect Clearwater will pay the City of Clearwater $750,000 upon execu@on of the agreement. • Reconnect Clearwater will pay the City of Clearwater $750,000 upon comple@on of construc@on before the 36 month window. • Reconnect Clearwater will pay the City of Clearwater an extension fee for every year it does not complete construc@on (aber the 36 month window). This structure ensures that the city carries no financial risk—and gains both revenue and a permanent cultural asset. Annual Opera5ons and Maintenance (Post-Comple5on) Landscape $20,000 Ligh$ng + U$li$es $6,000 Media Hos$ng + QR Support $4,000 Event Staff + Security $10,000 Insurance $5,000 Marke$ng + Communica$ons $5,000 Total Annual Es$mate $50,000 Covered by: Reconnect Clearwater and its nonprofit coali@on. City obliga@on: $0. 12 Funding Sources This proposal is fully funded through a combina@on of: • Private dona@ons and major gibs • Founda@on and community grants • Grassroots fundraising (GoFundMe campaign) • Mul@media content partnerships and sponsorships • Reconnect Clearwater opera@onal reserves • In-kind services from partner organiza@ons We will release quarterly financial updates to the city during construc@on and offer open-book transparency for public trust. This is not just a vision—it’s a funded, buildable plan with a financial backbone that respects the city’s @me, money, and responsibility. Clearwater deserves a project that honors its people and does so with discipline. 8) Governance and Maintenance Plan The Garden on Garden Avenue will be managed and maintained by the same values that built it: accountability, transparency, and community leadership. This is not a city-managed park. It is a city-approved space, but one that will be fully owned, maintained, and ac@vated by a coali@on of local nonprofits, ar@sts, educators, and civic partners. Ownership and Legal Stewardship - During Construc@on (Months 0–36): The City of Clearwater will agree to sell the property to Reconnect Clearwater for $1.5 million. Reconnect Clearwater will pay this in two installments: A 50% deposit at the beginning of the project and a 50% balance at the comple@on of the project. Reconnect Clearwater will be responsible for all costs related to planning, design, construc@on, and permihng. 13 • Upon Comple@on: Aber a final inspec@on and project cer@fica@on, The Garden will be open to the public. Post-Comple@on Maintenance Structure- All aspects of long-term maintenance will be privately managed. The City of Clearwater will not be financially responsible for the upkeep of the park. Annual responsibili@es include: • Landscaping and groundskeeping (weekly service contract) • Ligh@ng and electrical maintenance (quarterly inspec@on + emergency call service) • QR story marker upkeep and digital media hos@ng • Security camera oversight and incident repor@ng • Trash removal, graffi@ removal, and general cleaning • Permit renewals for public event usage and ADA inspec@ons • Site insurance for liability and damage Annual maintenance cost (es@mated): $50,000, covered through Reconnect Clearwater’s coali@on of donors, token support, and founda@on partnerships. Staffing and Oversight- • Park Opera@ons Coordinator: Part-@me staff or contracted role responsible for scheduling, event coordina@on, and community engagement. • Stewardship Commi‘ee: A rota@ng body of community members, ar@sts, educators, and donors who will advise on programming, seasonal themes, and annual repor@ng. This commi‘ee will meet quarterly and publish a community impact report every year. • Volunteer Program: Modeled aber “Friends of the Garden” ini@a@ves in other ci@es, we will establish a community volunteer program to support gardening, cleanup, and guided tours. 14 Transparency and Repor@ng To maintain public trust and partnership with the city, we will provide: • Quarterly Progress Reports during construc@on • Annual Maintenance + Financial Reports aber comple@on • Open Books Access for city inspec@on or compliance reviews • Public Comment Sessions during community programming events All reports will be available digitally and archived for public access via savethegarden.org. 9) Insurance and Risk Management Reconnect Clearwater will carry full liability and property insurance for the site, including: • General liability coverage for public use • Property insurance for permanent fixtures • Special event insurance for fes@vals and performances Security systems and emergency contact protocols will be integrated into the site infrastructure to ensure visitor safety and deter vandalism. This governance model is designed to honor the spirit of the Garden: community- rooted, publicly accessible, and privately sustainable. We are not asking the city to take care of this place. We are commihng to do it ourselves—with love, with structure, and with a long memory for what this space means. 10) Legal Commitments and Property Terms To ensure full transparency, reduce city risk, and strengthen public trust, Reconnect Clearwater is prepared to enter into a set of binding legal commitments designed 15 to protect the City of Clearwater throughout the dura@on of this project and beyond. These commitments are structured to mirror the strongest terms offered in compe@ng proposals while exceeding them in community accountability, flexibility, and opera@onal integrity. 1. Performance Bond and Insurance Guarantee Reconnect Clearwater will secure a performance bond—underwri‘en by a qualified insurer—for the full development scope of The Garden on Garden Avenue. This bond will guarantee @mely and complete construc@on in accordance with the project plan. Addi@onal insurance coverages will include: • General liability coverage for all site work and public programming • Property and asset insurance for permanent fixtures and installa@ons • Special event insurance for all seasonal or high-traffic ac@va@ons This ensures that all risk associated with construc@on, launch, and long-term ac@vity remains with the nonprofit—not the city. 2. Delay Penalty Clause (Scientology-Matched Terms) In the event that Reconnect Clearwater does not complete the Garden within the 36-month construc@on @meline, the organiza@on agrees to pay a delay penalty of $300,000 per year for each year the project remains incomplete beyond the agreed deadline. This provision mirrors the Church of Scientology’s agreement with the city and guarantees parity in risk-sharing and development responsibility. 3. Right of First Refusal 16 To further protect the city’s long-term interest in this parcel, Reconnect Clearwater will agree to a perpetual Right of First Refusal clause in the deed. This will give the City of Clearwater the first opportunity to reacquire the property in the event that Reconnect Clearwater seeks to sell, transfer, or assign ownership of the Garden at any @me. Key provisions include: • Reacquisi@on price capped at the original purchase amount • 60-day window for city response • No obliga@on to match future private sale terms beyond that amount This clause ensures the land remains protected from specula@ve resale or inappropriate third-party acquisi@on. 4. Alternate Lease Op@on (Plan B Agreement) If the City of Clearwater prefers not to sell the parcel outright, Reconnect Clearwater is also open to a long-term lease agreement in lieu of a purchase. This con@ngency ensures flexibility and collabora@on, and it includes the same public benefit outcomes. Possible lease terms include: • 30–50 year fixed-term agreement • Nego@ated annual lease rate • Reconnect Clearwater assumes all opera@onal, maintenance, and liability costs • Right of First Refusal clause remains in force This op@on guarantees that the city retains legal ownership of the land while achieving all the cultural, civic, and economic benefits outlined in this proposal. Sales agreements and le‘ers of intent will be provided by our legal team separately. Summary These provisions demonstrate Reconnect Clearwater’s commitment to accountability, public trust, and shared responsibility. No other proposal offers this level of legal protec@on, flexibility, and equity-first planning. 17 We are not asking the city to take a risk. We’re bringing a fully funded plan, backed by community partners, donor commitment, and legal infrastructure designed to stand the test of @me. 11) Partnerships and LeSers of Support This project isn’t a solo effort. It’s a collec@ve one—anchored by leadership from Reconnect Clearwater and the Clearwater African American Founda@on, and supported by a growing list of civic, educa@onal, nonprofit, and cultural partners who believe in what The Garden stands for. From the beginning, we have engaged not just with donors, but with teachers, elders, organizers, veterans, ar@sts, and neighborhood groups. This space is being built by the people it’s meant to serve. Lead Partners Reconnect Clearwater Lead organiza@on overseeing construc@on, media, and long-term stewardship. Reconnect Clearwater brings design capacity, a fully opera@onal media produc@on facility, nonprofit governance, and deep @es to the Clearwater community. Clearwater African American Founda@on Cultural and historical lead on storytelling, community engagement, and content valida@on. The founda@on serves as both a narra@ve anchor and civic guidepost— ensuring that this project reflects not just history, but heritage. Local Business and Crea@ve Partners • Local ar@sts and muralists – For rota@ng installa@ons and design features • Florists, landscapers, and sustainable vendors – For eco conscious development of the space 18 • Community event organizers and storytellers – To ensure monthly and seasonal programming remains consistent and inclusive All le‘ers of endorsement will be provided in a separate package. 12) Why Now Civic Narra@ve and Strategic Posi@oning There’s a moment in every city’s life where it gets to choose what kind of story it wants to tell. We believe Clearwater is in that moment now. Downtown Clearwater is more than a collec@on of parcels and proper@es—it’s the emo@onal core of the city. And right now, that core is fractured. There is a growing percep@on, both inside and outside this community, that downtown is no longer for the people who live here. That it’s closed. That it’s monitored. That it’s becoming a quiet stronghold for private interest. We’re offering something else en@rely: the hearts and voices of Clearwater’s people. We are not making this pitch out of opposi@on. We’re making it out of opportunity. The opportunity to: • Restore community trust • Ac@vate public space without public expense • Preserve history that has long been buried—literally and figura@vely • Lead with vision, not fear • Reintroduce Clearwater to itself We believe The Garden is the right project at the right @me because it reflects what this city actually is: a place with a complicated past, a beau@ful culture, and a future s@ll worth shaping together. No outside en@ty can tell that story for us. 19 We have to tell it ourselves. And that’s what this garden does. 13) Call to Ac(on We are not here to ask the City of Clearwater to take a risk. We’re here to offer you a return. A return on trust. A return on civic pride. A return on public presence in a downtown that many residents have come to believe no longer belongs to them. We’re offering a space that honors what came before and protects what’s s@ll possible. A space built by people, for people—funded without burdening the city, maintained without cost to the city, and rooted in the very heart of Clearwater’s history. What we’re proposing is simple: 1. Designate the land between Franklin and Court Streets on South Garden Avenue as the official site for The Garden. 2. Approve a 36-month development window, during which @me Reconnect Clearwater will design, fund, and build this project. 3. Honor the transfer agreement: • $750,000 deposit up front. • $750,000 balance at end of construc@on (<36 months). • Transfer ownership to Reconnect Clearwater aber the above is done. Partner with us—visibly and openly—as a city that believes in cultural preserva@on, public story, and collabora@ve space. 14) Appendices Appendix A: Proposed Site Map and Design Layout Includes a scaled map of South Garden Avenue with annota@ons showing the placement of: 20 • The Conversa@on Court • Bronze busts • Walking trail • Seasonal installa@on areas • Entry points and landscaping zones Appendix B: Budget Spreadsheet Detailed itemized breakdown of one-@me development costs including: • Site prepara@on, construc@on, infrastructure, and signage • QR storytelling infrastructure and media produc@on • Total development es@mate: $869,000 (exclusive of land purchase) • Land purchase agreement: $1.5M paid in two installments • Annual maintenance es@mate: $50,000 Appendix C: Sample QR Code and Content Demo Preview of the interac@ve storytelling plaSorm, including: • QR code design sample • Screenshot or link to video demo • Example story @tle: “The Story of Clearwater: In Black and White” Appendix D: Le‘ers of Support Scanned and signed le‘ers from: • Clearwater African American Founda@on • Civic leaders, neighborhood residents • Local clergy, educators, and cultural preserva@onists • Arts organiza@ons and partner ins@tu@ons Appendix E: Construc@on Timeline Chart Milestone schedule covering the full 36-month period: • Phase I: Community engagement, design, and permihng • Phase II: Demoli@on and site prepara@on • Phase III: Construc@on and installa@ons • Phase IV: Finishing, safety, and launch • Phase V: Final payment and property transfer 1 Call, Rosemarie From:Poirrier, Jennifer Sent:Thursday, May 1, 2025 12:18 PM To:Call, Rosemarie Subject:FW: Financial Viability - The Garden Proposal Attachments:Lester Client List.docx; LCG.pdf Follow Up Flag:Follow up Flag Status:Flagged Jennifer Poirrier City Manager City of Clearwater 727-444-7171 From: Kelly Myer <clearwaterpatriot@gmail.com> Sent: Thursday, May 1, 2025 10:52 AM To: Poirrier, Jennifer <Jennifer.Poirrier@MyClearwater.com> Cc: Brooks Gibbs <brooks@brooksgibbs.com> Subject: Financial Viability - The Garden Proposal CAUTION: This email originated from outside of the City of Clearwater. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Jennifer, Thank you for extending the deadline until Noon today. Please include the attached for The Garden proposal. Warm regards, Kelly Myer ABBREVIATED CLIENT LIST – ROSE LESTER ACC Senior Services Acres of Hope Aerospace Museum of California Alta California Regional Center American Heart Association American River College Foundation American River Parkway Foundation Annunciation Greek Orthodox Church Bakersfield Community College – Bakersfield, CA Boy Scouts of America – Golden Empire Council Boys and Girls Clubs of Coachella Valley California Association of Children’s Homes California Association of Children’s Services California Association of Hospitals & Health Systems California Children’s Lobby California Consortium of Children’s Councils California Department of Health & Human Services California Mental Health Services Authority California State Railroad Museum California Tribal College Center for Civic Partnerships Center for the Family in Transition – Corte Madera, CA Central California Blood Center – Fresno, CA Child Abuse Prevention Council of Sacramento Child & Family Institute Children’s Miracle Network Telethon – Salt Lake City, UT Children’s Receiving Home of Sacramento Children’s Theatre of California Christian Brothers High School City College of San Francisco – San Francisco, CA College of the Desert – Palm Desert, CA CommuniCare Health Centers – Davis, West Sacramento and Woodland, CA Community Services Planning Council Crocker Art Museum Crossings Conference Center Davis Community Meals and Housing EMQ Children & Family Services – Campbell, CA EMQ FamiliesFirst Families for Children Family Service Agency Fairytale Town Foundation for California Community Colleges Foundation Consortium for California’s Children & Youth Friends of Mercy Foundation – Bakersfield, CA GenCorp Goodwill Industries of Sacramento Valley, Inc. HealthCorps – Dr. Mehmet Oz Help-A-Child Foundation Hillview Acres Children’s Home – Los Angeles, CA Intercommunity Mercy Housing – Seattle, WA Jesus Center ABBREVIATED CLIENT LIST – ROSE LESTER KVIE Television Make-A-Wish Foundation of Northeastern California and Northern Nevada Marshall Foundation for Community Health – Placerville, CA Mercy Foundation Mercy Foundation North – Redding, CA Mercy Housing California – San Francisco, CA Mercy Housing Colorado – Denver, CO Mercy Housing Idaho – Nampa, ID Mercy General Hospital Mercy Hospital of Folsom – Folsom, CA Mercy McMahon Terrace Mercy San Juan Hospital Minority Health Professionals Mosaic Law Congregation Oak Hill School – Sausalito, CA Oak Ridge High School Foundation – El Dorado Hills, CA Our Lady of the Assumption Parish Pacific Justice Institute Paul’s Place PRIDE Industries Poverello House – Fresno, CA River Oak Center for Children Ronald McDonald House Charities Northern California Sacramento Children’s Home Sacramento Country Day School Sacramento Crisis Nursery Sacramento Food Bank & Family Services Sacramento Habitat for Humanity Sacramento Life Center Sacramento Metro Chamber of Commerce Sacramento Public Library San Diego Community College District – San Diego, CA Sexual Assault & Domestic Violence Center Sierra Forever Families Sierra Health Foundation Society for the Blind Stanford Home for Children St. HOPE Academy St. Ignatius Loyola Parish St. John the Baptist Catholic Church St. Michael’s Episcopal Day School Sutter Medical Center Foundation Sacramento Sutter Roseville Medical Center Foundation – Roseville, CA Tahoe Regional Arts Foundation The Abbey of New Clairvaux The Catholic Foundation of the Diocese of Sacramento The Living Desert – Palm Desert, CA The Mathews Foundation The Osmond Family Foundation – Salt Lake City, Utah The Sacramento Region Community Foundation The Sacramento Tree Foundation ABBREVIATED CLIENT LIST – ROSE LESTER The Salvation Army Del Oro Division The Salvation Army Kroc Community Center – Solano County, CA The Salvation Army Long Beach Corps – Long Beach, CA TIDES Foundation – Community Clinics Initiative – San Francisco, CA UC Davis Betty Irene Moore School of Nursing UC Davis Health System University of the Pacific McGeorge School of Law Valley Christian Schools Volunteers of America Greater Sacramento and Northern Nevada WEAVE William Jessup University Woodland Youth Services 1 Call, Rosemarie From:Poirrier, Jennifer Sent:Tuesday, May 6, 2025 11:27 AM To:Call, Rosemarie Subject:FW: Question - The Garden Proposal Jennifer Poirrier City Manager City of Clearwater 727-444-7171 From: Kelly Myer <clearwaterpatriot@gmail.com> Sent: Tuesday, May 6, 2025 11:21 AM To: Poirrier, Jennifer <Jennifer.Poirrier@MyClearwater.com>; Rector, Bruce <Bruce.Rector@MyClearwater.com>; Mannino, Michael <Mike.Mannino@myclearwater.com>; Cotton, Ryan <Ryan.Cotton@MyClearwater.com>; Teixeira, Lina <Lina.Teixeira@myclearwater.com>; Allbritton, David <David.Allbritton@MyClearwater.com> Cc: Brooks Gibbs <brooks@brooksgibbs.com>; Clearwater African American Foundation Inc. <clearwaterafricanamerican@gmail.com> Subject: Re: Question - The Garden Proposal CAUTION: This email originated from outside of the City of Clearwater. Do not click links or open attachments unless you recognize the sender and know the content is safe. Also, please ensure that our team's CAD Drawings (attached) that Brooks Gibbs referenced in his April 30th email are also included in Agenda 9812-25 2nd Rdg., #7 Objections as well as any other related Agenda items. Thank you. 2 On Tue, May 6, 2025 at 9:16 AM Kelly Myer <clearwaterpatriot@gmail.com> wrote: Good morning, Councilmembers and City Manager. Thank you to each of you for the individual meetings with our team and valuable feedback you provided. 3 Further to our call with City Manager Poirrier and Assistant City Manager Slaughter on the afternoon of April 30th, is there anything additional we need to provide in order for our team’s presentation to be included on the May 12th council work session agenda? We have been told that City Staff will provide feedback on our proposal revisions and we are still awaiting that information to be provided. Are we correct in our understanding that the staff feedback will be noted in the Legistar text that will be linked to the May 12th work session agenda? When do you anticipate having the work session agenda published? Thank you for your time. Warm regards, Kelly Myer Save The Garden Team INDIVIDUAL SPEAKER Citizen Comment Card Name: Address: City: Zip: Telephone Number: Email Address: Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak. l I Fc11 S pei--(41,1 p /9-‹ hat is your position on the item? For Against INDIVIDUAL SPEAKER Citizen Comment Card Name: dim Address: U ? City: 14 p`.3137 / Telephone Number: 1,7 // 7 S) Email Addr .t. --n (2t' (3' Speaking under citizens to be heard re items not on the agenda? Agenda it to which you wish to -speak: LIVE l/7.1 4 What is your position on the item? For Against INDIVIDUAL SPEAKER Citizen Comment Card Name:". w yea Address: City: Zip: Telephone Number: Email Address: Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak. 46AA, What is your position on the item? For Against